Backup Documents 11/18/2008 R
BCC
REGULAR
MEETING
BACK-UP
DOCUMENTS
NOVEMBER 18, 2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
November 18,2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4 (Absent)
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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November 18, 2008
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor J. R. Pagan, International Worship Center
B. Swearing-In Ceremony for Commissioners Fiala, Henning, and Coletta by
The Honorable Judge Hugh Hayes
Sworn in
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 w/changes - 4/0
B. October 8, 2008 - BCC/PUD Audit Workshop
Approved as presented - 4/0
C. October 14/15,2008 - BCC/Regular Meeting
Approved as presented - 4/0
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November 18, 2008
D. October 17,2008 - Value Adjustment Board Special Magistrate Gerald
Lagace
Approved as presented - 4/0
E. October 17, 2008 - Value Adjustment Board Special Magistrate Davia
Mazur
Approved as presented - 4/0
F. October 23, 2008 - Value Adjustment Board Special Magistrate Scott
Watson
Approved as presented - 4/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards:
1) 20- Year Recipient: Cherryle Thomas - Immokalee Beautification
MSTU Advisory Committee
Presented
4. PROCLAMATIONS
A. Proclamation recognizing the Golden Gate High School JROTC program
honoring staff and cadets for their contribution to the community. To be
accepted by Paul Garrah, Lieutenant Colonel (Ret) United States Army,
Senior Army JROTC Instructor, Golden Gate High School.
Adopted - 4/0
B. Proclamation designating December I - 5, 2008 as Employee Learning
Week. To be accepted by Charles W. Ingram, Vice President - Community
Outreach, ASTD Southwest Florida Chapter.
Adopted - 4/0
C. Proclamation designating November 23rd through the 29th as Farm-City
Week. To be accepted by Bart Zino and Cyndee Woolley, Co-Chairs of the
Farm City BBQ.
Adopted - 4/0
D. Proclamation designating November, 2008 as American Diabetes Month. To
be accepted by Irene Williams, Chairman of the Black Affairs Advisory
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November 18, 2008
Board and various members of the Board and health care community.
Adopted - 4/0
E. Proclamation recognizing Chief Bob Schank for his lifetime career of
serving Collier County. To be accepted by Chief Bob Schank.
Adopted - 4/0
5. PRESENT A TIONS
A. Recommendation to recognize Haris Domond, Technician, Traffic
Operations Department, as Employee of the Month for October 2008.
Presented
B. The Board of County Commissioners is pleased to present Mediterra Golf
Course Operations the Waste Reduction Awards Program, the WRAP
award, for contributing to the greater good of all of Collier County by being
a green company, thereby helping to prolong the usable life of the Collier
County Landfill.
Presented
C. Presentation by Ms. Marta Alfonso, CPA, Rachlin LLP Accountants,
regarding the status of the Board authorized audit of financial records
concerning interest income.
County Attorney notice of a closed attorney-client session that
will be held in the Commission Conference Room at a time certain of
12:00 Noon at the December 2, 2008 BCC Meeting; Commissioner Fiala
stated that she would volunteer to attend the auditor's review and for
her assistant to clear her calendar and County Manager to contact the
Clerk
6. PUBLIC PETITIONS
A. Public petition request by Antonio Almodovar to discuss refund of water and
sewer impact fees.
Commissioner Coletta requests a staff report on this item from Public
Utilities
B. Public petition request by Jose Armando and Maria Cabrera to discuss
"Shopping Center" within a PUD.
Bring back to the December 16, 2008 BCC Meeting - Approved 4/0
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November 18, 2008
C. This item continued from the October 28, 2008 BCC Meetinl!. Public
petition request by Kenny Brown to discuss a resolution supporting relief for
local businesses.
Discussed w/Item #9A
Continued to the December 2, 2008 BCC Meeting
D. Public petition request by Jamesdon Stevens to discuss bid process for
Solicitation Number 08-5123.
E. Public petition request by Burton Eisenbud to discuss ordinances affecting
small businesses.
Discussed
Withdrawn
F. Public petition request by Eddie Lagace to discuss reinstatement of
Contractor's License.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. This item continued from the October 28, 2008 BCC Meetinl!.
Resolution supporting local camping businesses to compete in the bidding
process with the National Park Service in Big Cypress Preserve National
Park. Companion with Item #6C, Public Petition for Kenny Brown.
(Commissioner Coletta's request)
Motion to deny resolution - Approved 2/1 (Commissioner Coletta
opposed and Commissioner Halas absent)
B. Appointment of members to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2008-339: Appointing Charles Arthur and Alvin D. Martin,
Jr. - Adopted 3/0 (Commissioner Halas absent)
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November 18,2008
C. Appointment of members to the Pelican Bay Services Division Board.
Resolution 2008-338: Appointing Hunter H. Hansen (Commercial) and
Theodore S. Gravenhorst (Residential) - Adopted 4/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, in support of the Amendment of
the Florida Statutes to require election of the Governing Boards of the
Florida Water Management Districts rather than by Governor Appointment.
(Debbie Wight, Assistant to the County Manager)
Resolution 2008-340 - Adopted 3/0 (Commissioner Halas absent)
Time Certain at 11 :30 a.m.
B. This item continued from the October 28, 2008 BCC Meetinl!.
Recommendation to approve an amended and restated US41 Developers
consortium (Consortium) Developer Contribution Agreement (DCA),
recorded in O.R. Book 4303, Page 2349. (CTS). Due to the size of Exhibit I
and 2, copies are available at the County Manager's Office. (Nick
Casalanguida, Transportation Planning Director)
Motion to approve staff's recommendations - Approved 3/1
(Commissioner Henning opposed)
C. Recommendation that the Board of County Commissioners accept the Fiscal
Year 2008 Grant Report providing an annual update of grant funding
activity. (Len Price, Administrative Services Administrator)
Motion to approve report - Approved 3/0 (Commissioner Halas absent)
D. Request Board direction on purchasing furnishings for the South Regional
Library. (Marla Ramsey, Public Services Administrator)
Motion to use Option #1 - Approved 3/0 (Commissioner Halas absent)
E. This item to be heard at 11 :00 a.m. This item is a companion to Item
#10F. Recommendation to approve an Agreement for Sale and Purchase
with Lake Trafford Ranch LLLP, Florida limited liability limited partnership
for 2,511.90 acres under the Conservation Collier Land Acquisition Program
at a cost not to exceed $33,328,400, and name resulting acquisition Pepper
Ranch Preserve (Alex Sulecki, Conservation Collier)
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November 18,2008
Agreement for Sale and Purchase approved w/stipulations - 3/1
(Commissioner Henning opposed)
F. This item is a companion to Item #10E and to be heard followinl! Item
#10E. Recommendation to award a Request for Commitment (RFC) and
adopt a Resolution authorizing the issuance of a Limited General Obligation
Bond (Conservation Collier Program) in an amount not exceeding
$21,000,000 to finance the acquisition of environmentally sensitive land
(Pepper Ranch); accepting a proposal from Sun Trust Equipment Financing
& Leasing Corp. to provide the County with a loan to finance the acquisition
of the environmentally sensitive land; authorizing the execution of a bond to
evidence such borrowing; authorizing the bond to be payable from ad
valorem taxation to be levied in an amount not to exceed one-quarter of a
mil on all taxable property within the County; making certain covenants and
agreements with respect to the bond; delegating certain authority to the
Chairman and other Officers of the County; appointing the County as paying
agent and registrar for the bond; authorizing the execution and delivery of
such other documents as may be necessary to effect such borrowing; and
providing an effective date. (John Y onkosky, Office of Management and
Budget Director)
Resolution 2008-337 Adopted - 4/0
G. Recommendation that the Board of County Commissioners approves the
attached resolution and a procedure allowing for reimbursement of fuel
mileage expenses in excess of 20 miles round trip for Advisory Board
Members. (Len Price, Administrative Services Administrator)
Resolution 2008-341 Adopted - 3/0 (Commissioner Halas absent)
Withdrawn
H. Recommendation for the Board of County Commissioners (Board) to
provide the County Manager or his designee with guidance on making an
offer for the Conservation Collier A-List Hamilton property at a reduced sale
offer made by the owner of $1 ,913,000 and to accept Conservation Collier
Land Acquisition Advisory Committee (CCLAAC) recommendations
regarding existing structures. (Alex Sulecki, Conservation Collier)
I. This item to be heard at 1:00 p.m. and after Item #12B. Recommend the
Board of County Commissioners (Board) provide direction to staff
concerning the use of excess turn back from the Constitutional Officers.
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November 18, 2008
(John Yonkosky, Office of Management and Budget Director)
Motion to approve the amended spreadsheet - Approved 4/0
J. Presentation to the Board of County Commissioners to provide an annual
update and comparison of the local area housing market and the status of
current affordable housing programs, funding amounts and assistance
strategies. (Marcy Krumbine, Housing and Human Services Director)
Motion to continue item to the next BCC Meeting - Approved 3/0
K. Recommend approval from the Board of County Commissioners to purchase
the Port of the Islands Marina excluding the 140 boat slips for $5,488,000
which includes $4,750,000 cash at closing and a $738,000 seller property
donation. (Gary McAlpin, Coastal Zone Management Director)
Approve staffs recommendations in an amount not to exceed $4,750,000
Approved 3/0 (Commissioner Halas absent)
Moved from Item #16A16 (Commissioner Coletta's request)
L. Recommendation that the Board of County Commissioners authorize staff to
revise the Public Vehicle for Hire Ordinance 2006-59 to remove
redundancies, correct flaws, simplify, and generally update the ordinance.
Approved - 3/0 (Commissioner Halas absent)
Moved from Item #16D21 (Commissioner Henning's request)
M. Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign the Interlocal Agreement between Collier
County and the City of Naples Regarding Parks and Recreation in the sum of
$1,000,000 per annum.
Approved - 3/0 (Commissioner Halas absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
- None registered
12. COUNTY ATTORNEY'S REPORT
A. This item continued from the October 28, 2008 BCC Meetinl!. This item
to be heard at 12:00 noon. Notice is hereby l!iven 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, NOVEMBER 18,2008, at a time certain of 12:00 noon in
the Commission conference room, 3rd Floor, W. Harmon Turner
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November 18,2008
Buildinl!, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida. In addition to Board members, County Manager James
Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief
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 case of Jerry and Kimberlea Blocker v.
Collier County, et aI., Case No. 08-0066-CA, now pending in the Twentieth
Judicial Circuit in and for Collier County, Florida.
Closed Session
B. This item continued from the October 28, 2008 BCC Meetinl!. This item
to be heard at 1 :00 p.m. For the Board of County Commissioners to
provide direction to the County Attorney regarding settlement negotiations
and strategy related to litigation expenditures in the pending litigation case
of Jerry and Kimberlea Blocker v. Collier County, et aI., Case No. 08-0066-
CA, now pending in the Twentieth Judicial Circuit in and for Collier
County, Florida.
Motion to make a settlement offer with condition to restore the property
back to original condition - Approved 3/1 (Commissioner Henning
opposed)
C. This item to be heard at 2:00 p.m. Request that the Board of County
Commissioners provide direction concerning an application for a right-of-
way permit submitted by Imperial Golf Estates Homeowners Association, to
allow construction of an access road solely for emergency purposes, between
Imperial Golf Estates and Palm River Estates subdivisions, as required by
County Ordinance No. 87-55.
Board finds a scrivener's error in the ordinance and the ordinance
needs to be repealed to allow access for provision "W" - Approved 4/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd - On excess turnback dollars to be used for landscaping: which 2 of
the 3 projects to do and/or to just do median improvements (Transportation
Department to bring back options)
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November 18, 2008
B. Mudd ~ To let Commissioner Fiala know about her audit review
participation
C. Mudd ~ Collier TV on December 16th will be on cable channel 97, City of
Naples will be on cable channel 98, and the Community Channel will be on
cable channel 99
D. Coletta - Lady in Immokalee that transports migrant workers that parks
illegally will be at the BCC meeting of 12/2 to discuss the issue and the
County will hold off Code Enforcement until that time - Consensus
E. Coletta - National Park Service has been placing no parking signs on
county roads ~ needs staff to check out the issue and bring back a report
F. Coletta ~ Not interested in listening to the Naples City Council meeting
G. Henning - Public petitioners to work w/commissioner oftheir district to
help resolve issues
H. Henning ~ RLSA review needs to go to the advisory boards - CCPC, EAC,
and RLSA to have joint workshop before bringing the review to the BCC
I. Henning - Free Speech
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 - 4/0 (Commissioner Coyle - Excused)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Torino Lot 37 Replat.
Developer must receive a Certificate of Adequate Public Facilities
prior to recording
2) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Torino Lot 55 Replat
Developer must receive a Certificate of Adequate Public Facilities
prior to recording
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November 18, 2008
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Christ Community Lutheran School.
W /release of any Utilities Performance Security (UPS)
4) To accept final and unconditional conveyance of the water utility
facility for Verona Walk Town Center.
W /release ofany Utilities Performance Security (UPS)
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Terrabella of Pelican Marsh.
W /release of any Utilities Performance Security (UPS)
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Caldecott.
W /release of any Utilities Performance Security (UPS)
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Terrabella of Pelican Marsh, Unit One.
W /release of any Utilities Performance Security (UPS)
8) Recommendation to approve final acceptance of the water and sewer
utility facilities for Terranova at Pelican Marsh, Unit One.
W /release ofany Utilities Performance Security (UPS)
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat ofDelasol Phase Two
(Madiera PUD), the roadway and drainage improvements will be
privately maintained.
Resolution 2008-327: W/release of maintenance security
10) Recommendation to grant final approval of the roadway (private) and
potable water improvements for the final plat of Sabal Bay
Commercial Plat Phase Three with the roadway improvements being
privately maintained. Collier County has previously accepted the
potable water improvements for maintenance.
Resolution 2008-328: W/release of maintenance security
11) This item reQuires that all participants be sworn in and ex parte
disclosure be provided by commission members. A Resolution of
the Collier County Board of County Board of County Commissioners
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November 18, 2008
designating 5,259.0 acres in the Rural Land Stewardship Area Zoning
Overlay District as a Stewardship Sending Area with a designation as
CLH and CDC SSA 15; subject to the terms set forth in the Escrow
Agreement for CLH and CDC SSA 15, Stewardship Sending Area
Credit Agreement for CLH and CDC SSA 15, and Stewardship
Easement Agreement for CLH and CDC SSA 15 approving a
Stewardship Sending Area Credit Agreement for CLH and CDC SSA
15; approving a Stewardship Easement Agreement for CLH and CDC
SSA 15 approving an Escrow Agreement for CLH and CDC SSA 15;
and establishing the number of Stewardship Credits generated by the
designation of said Stewardship Sending Area.
Resolution 2008-329
12) This item reQuires that all participants be sworn in and ex parte
disclosure be provided by commission members. A Resolution of
the Collier County Board of County Commissioners designating
2,876.2 acres in the Rural Land Stewardship Area Zoning Overlay
District as a Stewardship Sending Area with a designation as CDC
SSA 16; pursuant to the terms set forth in the Escrow Agreement for
CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC
SSA 16; and Stewardship Sending Area Easement Agreement for
CDC SSA 16; approving a Stewardship Sending Area Credit
Agreement for CDC SSA 16; Approving A Stewardship Sending Area
Easement Agreement For CDC SSA 16; approving an Escrow
Agreement for CDC SSA 16; and establishing the number of
Stewardship Credits Generated by the designation of said Stewardship
Sending Area.
Resolution 2008-330
13) This item reQuires that all participants be sworn in and ex parte
disclosure be provided by commission members. A Resolution of
the Collier County Board of County Commissioners designating
1,713.5 Acres in the Rural Land Stewardship Area Zoning Overlay
District as a Stewardship Sending Area with a designation as CLH
SSA 14; pursuant to the terms set forth in the Escrow Agreement,
Stewardship Sending Area Credit Agreement for CLH SSA 14, and
Stewardship Easement Agreement for CLH SSA 14; approving a
stewardship Sending Area Credit Agreement for SSA 14; approving a
Stewardship Easement Agreement for CLH SSA 14; approving an
Escrow Agreement for CLH SSA 14; and establishing the number of
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November 18, 2008
stewardship credits generated by the designation of said Stewardship
Sending Area.
Resolution 2008-331
14) That the Board of County Commissioners (Board) approves a
proposal from the Florida Department of Environmental Protection to
split the payment of the applicable fees into two separate payments for
all plan review, approval and field inspections for DEP Project
#60663, Collier Seminole State Park Campground Improvements.
To renovate roadways, campsite locations, sewer services to 80
campsites, and water service to 99 campsites
15) Recommendation that the Board of County Commissioners approve
an Advanced Broadband Infrastructure Investment Program
Agreement with PACE Center for Girls, Inc. consistent with the
provisions of the Advanced Broadband Infrastructure Investment
Program and the entities approved incentive application.
For installation of broadband infrastructure at their new facility
at 160 North 151 Street in Immokalee
Moved to Item #10L
16) Recommendation that the Board of County Commissioners authorize
staff to revise the Public Vehicle for Hire Ordinance 2006-59 to
remove redundancies, correct flaws, simplify, and generally update
the ordinance.
17) Recommendation to approve the Release and Satisfaction of a Code
Enforcement Lien, acknowledging compliance and recovery of fines
and fees related to prosecution of Code Enforcement matters.
Recording cost is $10.00
B. TRANSPORTATION SERVICES
1) Recommendation to approve a one year traffic reservation extension
associated with the approval of the Traffic Impact Statement
submitted with the Enterprise Road Facility SDP AR #12258.
For a 42,000 square foot office/manufacturing/storage facility
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November 18, 2008
2) Recommendation to approve the October 2008 Collier County Transit
Development Plan Annual Progress Report.
To receive State Block Grant Funds
3) Recommendation for the Board of County Commissioners to approve
a budget amendment recognizing additional year ending fiscal year
2008 carry forward within Rock Road MSTU Fund (165) in the
amount of $10,300 to improve limerock roads.
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners approve
amendments to the Florida Innovative Waste Reduction and
Recycling Grant Collier County Seasonal and Year Round Business
How to Recycle Videos grant agreement #IG8-09 from the Florida
Department of Environmental Protection.
Changes include: recognizing current Chairman's signature,
changing the name to recognize the new FDEP Grant Manager
and extending the final payment request date to October 31, 2009
2) Recommendation that the Board of County Commissioners approve
amendments to the Florida Innovative Waste Reduction and
Recycling Grant School Beverage Container Recycling Challenge
Program grant agreement #IG8-07 from the Florida Department of
Environmental Protection.
Changes include: recognizing current Chairman's signature,
changing the name to recognize the new FDEP Grant Manager
and extending the final payment request date to October 31, 2009
3) Recommendation to authorize refund of water and wastewater impact
fees on permit #2008020167 for Tropical Smoothie Cafe to Phillip T.
Woodhouse in the amount of$3,669.43, in accordance with direction
by the Collier County Board of County Commissioners on September
9,2008, Item #6B.
4) To Award RFP No. 08-5063R for Annual Contract for Analytical
Laboratory Services to Pace Analytical Services, Genapure Analytical
Services for Wastewater, Pollution Control & Water Departments
with Southern Analytical Laboratories as back up for the Water
Department.
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November 18, 2008
For compliance with FDEP permits, Growth Management Plan
requirements and existing SFWMD contracts
5) Recommendation to approve the communication of concerns from the
Collier County Water-Sewer District, by letter, under the signature of
the Chair of the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, to the
South Florida Water Management District relative to the proposed
revisions to Florida Administrative Code Chapters 40E-2 and 40E-24
(Year-Round Landscape Irrigation Rule).
As detailed in the Executive Summary
6) Recommendation to approve the communication of concerns from the
Collier County Water-Sewer District, by letter, under the signature of
the Chair of the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, to the
South Florida Water Management District relative to the proposed
creation of Florida Administrative Code Chapter 40E-I 0 (Picayune
Strand Reservation).
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $72,231.00 Housing and Urban Development (HUD)
grant to The City of Marco Island for the installation of sidewalks.
For 1235 linear square feet along 51h Avenue
2) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign Amendment No. I with the
FWCC, Derelict Vessel Removal (FBIP) Grant Contact No. 07-071,
that will provide grant funds in the amount of $80,000.
For staff time, equipment, gas and any additional items required
for this project
3) Recommendation for the Board of County Commissioners to approve
the Neighborhood Stabilization Program (NSP) amendment to the
2008-09 HUD One Year Action Plan and authorize the Chairman to
sign the necessary certifications and documents to submit the
document to Housing and Urban Development (HUD) by December
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November 18,2008
I, 2008.
To provide emergency assistance for the redevelopment of
abandoned and foreclosed homes
4) Recommendation that the Board of County Commissioners approve
an after-the-fact submittal of the Continuum of Care (CoC) Grant
application to the U.S. Department of Housing and Urban
Development (HUD) for a program assisting and benefiting the
homeless population in Collier County in the amount of$761,753.
Assisting programs sponsored by: Collier County Hunger &
Homeless Coalition, Inc., Shelter for Abused Women & Children,
Inc., Saint Matthew's House, Inc., Immokalee Friendship House
and National Alliance on Mental Illness
5) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $6,336 State of Florida, Department of Children and
Families, Challenge Grant to The National Alliance on Mental Illness
(NAMI) for homeless assistance.
For homeless individuals to participate in group activities, receive
financial support, psychiatric evaluations, medications, eye glasses
and dental work
6) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a sub recipient agreement
providing for a $38,496 State of Florida, Department of Children and
Families Challenge grant to Collier County Hunger and Homeless
Coalition to support and maintain the Homeless Management
Information System.
To provide equipment, software, personnel, rent and operational
costs
7) Recommend approval by the Board of County Commissioners of
Amendment No.3 to the attached FDEP Cost Share Contract #05COI
for the construction and monitoring of the City of Naples/Collier
County Beach Renourishment Project No. 905271.
Providing state funding to perform required beach and biological
monitoring for the FY2008 and FY2009
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November 18, 2008
8) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement
providing for a $115,849.00 Housing and Urban Development (HUD)
grant to The City of Naples for neighborhood improvements such as
street parking, landscaping and irrigation.
For the River Park Neighborhood between 10lh and 11 Ih Street
North
9) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign the FY 2008-09 agreement with
the David Lawrence Mental Health Center, Inc. in the amount of
$1,055,778.
Providing for behavioral health and substance abuse programs
10) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an agreement with the State of
Florida, Department of Children and Families accepting a Challenge
Grant in the amount of $96,000; and authorize any necessary budget
amendments associated with this action.
To fund four sub-recipients: Saint Matthew's House, The Shelter
for Abused Women and Children, National Alliance on Mental
Illness and the Collier County Hunger and Homeless Coalition
11) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement
providing for a $10,272 State of Florida, Department of Children and
Families, Challenge Grant to Saint Matthews House to provide
transportation for Collier County's homeless population.
For the purchase of bus passes and expenses related to the
operation and maintenance of an existing van
12) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $40,896 State of Florida, Department of Children and
Families, Challenge Grant to The Shelter for Abused Women and
Children to partially fund two salaries for Case Managers.
13) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Page 17
November 18, 2008
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 65, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
14) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 66, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
15) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 67, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
16) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 68, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
17) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 69, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
18) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 70, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
Page 18
November 18,2008
19) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY09.
20) Recommendation that the Board of County Commissioners approves
submittal of a State of Florida Department of Transportation (FDOT)
Transportation Enhancement Program (TEP) grant application to the
Collier County Metropolitan Planning Organization (MPO) for the
construction of the Gordon River Greenway Park in the amount of
$400,000.
To enhance provisions of facilities, provide safety and educational
activities, landscape and other scenic beautification for
pedestrians and bicyclists
Moved to Item #10M
21) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Interlocal Agreement between
Collier County and the City of Naples Regarding Parks and
Recreation in the sum of $1 ,000,000 per annum.
22) Recommendation that the Board of County Commissioners awards
bid #08-5129 to Sea Tow in an amount not to exceed $100,000 for the
removal of derelict vessels.
23) Recommendation to approve the Assumption Agreement under
Contract No. 00-3168 Barefoot Beach Concession Agreement from
Recreational Facilities of America, Inc. by Steven R. Banks d/b/a
Barefoot Beach Rentals and to ratify two (2) previous renewals of that
Agreement.
Due to the purchase of Recreational Facilities of America by
Barefoot Beach Rental
24) Approve Change Order No. I to File No. DRI 05-06 with Inspired
Woodworking for Project #4984 23RD Court SW, Naples, Florida
(Folio No. 36110800009) and Ratify Prior and Future Project
Expenditures.
Due to unanticipated mold damage caused by Hurricane Wilma
Page 19
November 18, 2008
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the renewal of the Group Life, Long
Term Disability, and Short Term Disability Insurance programs with
Sun Life Assurance Company of Canada effective January 1,2009 at
the current rates, coverage terms and conditions.
Rates are guaranteed for 24 months starting January 1, 2009
through December 31, 2010
2) Recommendation to award Bid No. 08-5110, "Portable Toilet
Rentals" to United Site Services of Florida, Inc. as the primary and
Ron's Jons Porta Potty Rentals as the secondary for portable toilet
rental services for an estimated annual amount of $45,000.
To be used at various County facilities and County-sponsored
events
3) Recommendation to approve the Second Amendment to the Express
Scripts, Inc. Prescription Drug Program Agreement to provide
Pharmacy Benefit Management Services to the Collier County Group
Health Insurance Plan.
To purchase medications at rates which are below average
wholesale rates
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of September 23, 2008 through October 23, 2008
5) Recommendation that the Board of County Commissioners award
RFP #08-5100, Annual Contract for All Collier County Printing and
Copying Services to various printers in the estimated annual amount
of $400,000. Also approve the Collier County Graphics Standards
manual.
Firms include: Cecil's Copy Express, Naples Print Source, Naples
Printing, Intech Printing and Prestige Printing
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
Page 20
November 18, 2008
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-332
2) Recommendation that the Board of County Commissioners approve
and authorize its Chairman to sign a representation agreement
between Collier County and OMMAC, Ltd. for international
marketing representation services in FY 09 in the amount of
$200,000.
For tourism marketing in the United Kingdom and Ireland
3) Approve a budget amendment to increase the budget for
unemployment compensation expenses by $315,000.
For invoices from the State to cover actual unemployment
expenditures incurred by the State on behalf of the County
4) Approval of a budget amendment pursuant to Board of County
Commission direction on September 23,2008 reducing by $60,000
the Clerk of Court transfer which provided funding for attendance by
the Clerk of Court at Board of County Commission meetings.
5) Approve Budget Amendments.
To improve limerock roads within the Rock Road MSTU
improvement district
6) Recommendation that the Board of County Commissioners approve a
budget amendment reimbursing the Court IT Fee Fund (178)
$241,303.37 from General Fund (00 I) reserves to replace restricted
funds transferred to the General Fund.
To cover a $2 fee on certain documents recorded in the Official
Records
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
approve the purchase of two residential (mobile home) lots in the
Bayshore area of the CRA as part ofa CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
payment from the Bayshore Gateway Triangle CRA Fund 187 in the
amount of $90,000 plus cost and expenses to complete the sale of
Page 21
November 18, 2008
2)
3)
Withdrawn
5)
subject property contingent upon review and approval of the
Agreement for legal sufficiency by the County Attorney's Office. Site
address: 3029 & 3037 Lunar St. ($90,000).
As part of the Neighborhood Focus Initiative
Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential property located in the Bayshore
Gateway Triangle Area; waive the requirement for an appraisal;
authorize the CRA Chairman to execute the real estate contract;
approve payment from Fund (187) and authorize the Executive
Director to make payment in the amount of$99,000 plus cost and
expenses to complete the sale of subject property; and authorize the
demolition of the site structures after closing. Site address: 2515
Becca A venue ($99,000)(David Jackson, Executive Director,
Bayshore Gateway Triangle CRA)
As part of the Neighborhood Focus Initiative
Recommendation for the Collier Community Redevelopment Agency
(CRA) Board to authorize the Bayshore Gateway Triangle CRA
Executive Director to serve as the Special District Registered Agent
for the Collier County CRA.
The representative is the longest serving senior executive to be
named each fiscal year (David Jackson)
4)
Approve an Agreement for Sale and Purchase to provide for the
purchase of 2.73 acres ofland to relocate the vehicle and aircraft
parking at the Marco Island Executive Airport at a cost not to exceed
$260,000.
Needed for the construction of a parallel taxiway that will
decrease the current available aircraft parking
Recommendation to the Community Redevelopment Agency to
approve Change Order No. I to Contract No. 08-5073 with RW A, Inc.
for the Immokalee Master Plan and Related Services and approve a
$165,500 Budget Amendment sufficient appropriation to fund a
Public Realm Plan in the Scope of Services.
Page 22
November 18, 2008
Withdrawn
6)
Recommendation to the Board of County Commissioners to approve
Change Order NO.1 to Contract No. 08-5073 with RW A, Inc. for the
Immokalee Master Plan and Related Services and approve a $165,500
Budget Amendment as sufficient appropriation to fund a Public
Realm Plan in the Scope of Services.
As detailed in the Executive Summary
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Lely Main Canal Improvement Project Program and
Dedication Ceremony and luncheon, hosted by Collier Enterprises on
November 13,2008 in Naples, Florida. $4.00 to be paid from
Commissioner Halas' travel budget.
Held at U.S. 41 East between Rattlesnake Hammock Rd and
Treviso Bay Blvd
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 endorse the
United States Department of Justice and United States Department of
the Treasury Combined Equitable Sharing Agreement and
Certification through September 2009.
Required to be submitted annually
2) To obtain Board approval for disbursements for the period of October
18, 2008 through October 24, 2008 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of October
25, 2008 through October 31, 2008 and for submission into the
official records of the Board.
Page 23
November 18, 2008
4) To obtain Board approval for disbursements for the period of
November 01,2008 through November 07,2008 and for submission
into the official records of the Board.
5) Recommend that the Board of County Commissioners approve the use
of confiscated trust funds for Drug Abuse Education and Prevention.
To support the Southwest Florida Council, Boy Scouts of America
Program
K. COUNTY ATTORNEY
1) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Susan Phillips vs. Collier County,
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 07-2988-CA, for $5,000.00.
Due to an accident on September 28, 2006
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $1 ,800.00 for Parcel 150RDUE in the lawsuit styled Collier
County v. Allen W. Barnes, as Personal Representative of and Sole
Heir to the Estate of Hilda M. Barnes, et aI., Case No. 07-2864-CA.
(Oil Well Road Project No. 60044)
For a .052 acre parcel needed for a road right-of-way, drainage
and utility easement
3) Recommendation to approve a Stipulated Final Judgment in the
amount of $21,845.00 for Parcel 164 in the lawsuit styled Collier
County v. Juan Ramirez, et aI., Case No. 02-51 66-CA (Immokalee
Road II Project No 60018). (Fiscal Impact $15,960.85)
For a .60 acre utility easement
4) Recommendation that the County Attorney be directed to advertise an
ordinance that repeals and replaces Ordinance No. 74-7 with an
ordinance prohibiting camping in the unincorporated areas of Collier
County.
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $20,000.00 for Parcel158RDUE in the lawsuit styled
Collier County v. John Goddard, et a!., Case No. 07-3111-CA (Oil
Well Road Project #60044). (Fiscal Impact $5,600.00)
Page 24
November 18, 2008
For a .072 acre parcel needed for a road right-of-way, drainage
and utility easement
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PE-2008-AR-
13117: Lee County Electric Coop (LCEC) Inc., represented by Jim Krall,
P.E. of Davidson Engineering, is requesting a Parking Exemption for the
LCEC Immokalee Area Service Center in a Residential Multi-family 6
(RMF-6) Zoning District. The subject property is located in Immokalee at
433 15th Street North, Section 5, Township 47, Range 29, Immokalee,
Florida.(CTS)
Resolution 2008-333
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. NUA-2007-AR-12575
Hitching Post Co-op, Inc., represented by Tim Hancock, AICP, of Davidson
Engineering, is requesting a non-conforming use alteration approval, to
enable unit owners to replace existing non-conforming structures, in
conformance with the Fire Code and so as not to increase the existing non-
conformities. The subject 44.46 acre property is located in the Hitching Post
Co-op subdivision, along the west side of Barefoot Williams Road,
approximately 200 feet south of the intersection of Barefoot Williams Road
and Tamiami Trail East, in Section 33, Township 50 South, Range 26 East,
Collier County, Florida. (CTS)
Resolution 2008-334
Page 25
November 18, 2008
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: CU-2007-AR-
12357, First Congregational Church of Naples, represented by D. Wayne
Arnold ofQ. Grady Minor and Associates, P.A., requesting a Conditional
Use to permit The First Congregational Church of Naples to construct a 300
seat facility. This site is zoned Estates (E) and is located within the Estates
Designation on the Future Land Use Map of Collier County Growth
Management Plan. Pursuant to Section 2.04.03 of the Land Development
Code, churches and places of worship are permitted conditional uses in the
E, Estate zoning district. Currently the property is utilized as a single family
residence. The subject property is 2.6 +/- acres located at 6225 Autumn
Oaks Lane, Section 29, Township 48 South, Range 26 East, Collier County,
Florida. (CTS)
Resolution 2008-335
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-336
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 26
November 18, 2008
2A ,..
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
November 18. 2008
Continue Item 6D to the December 2,2008 BCC Meetina: Public Petition request by Jamesdon
Stevens to discuss bid process for Solicitation Number 08-5123. (Petitioner's request)
Withdraw Item 6F: Public petition request by Eddie Lagace to discuss reinstatement of
Contractor's License. (Petitioner's request.)
Withdraw Item 10H: Recommendation for the Board of County Commissioners (Board) to provide
the County Manager or his designee with guidance on making an offer for the Conservation
Collier A-List Hamilton property at a reduced sale offer made by the owner of $1,913,000 and to
accept Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommendations
regarding existing structures. (Staff's request.)
Item 16G2: Substantial changes were made to this item and packets have been distributed to
replace all documents in this item. The packet includes a revised executive summary and
supporting documents and have been reviewed by the County Attorney's office. (Staff's request.)
Withdraw Item 16G5: Recommendation to the Community Redevelopment Agency to approve
Change Order No.1 to Contract No. 08-5073 with RWA, Inc., for the Immokalee Master Plan and
Related Services and approve a $165,500 Budget Amendment sufficient appropriation to fund a
Public Realm Plan in the Scope of Services. (Staff's request)
Withdraw Item 16G6: Recommendation to the Board of County Commissioners to approve
Change Order No.1 to Contract No. 08-5073 with RWA, Inc., for the Immokalee Master Plan and
Related Services and approve a $165,500 Budget Amendment as sufficient appropriation to fund
a Public Realm Plan in the Scope of Services. (Staff's request)
Time Certain Items:
Item 10E to be heard at 11 :00 a.m. This item is a companion to Item 1 OF. Recommendation to
approve an Agreement for sale and purchase with Lake Trafford Ranch LLLP, a Florida limited
liability limited partnership, for 2,511.90 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $33,328,400, and to name the resulting acquisition Pepper Ranch
Preserve.
Item 1 OB to be heard at 11 :30 a.m. This item continued from the October 28, 2008 BCC Meeting.
Recommendation to approve an amended and restated US41 Developers Consortium Developer
Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS) Due to the size of
Exhibit 1 and 2, copies are available at the County Manager's Office. (Commissioner Fiala's
request)
11/18/2008 8:49:22 AM
2A
Item 10F to be heard followina companion item 10E: Recommendation to award a Request for
Commitment (RFC) and adopt a Resolution authorizing the issuance of a Limited General
Obligation Bond (Conservation Collier Program) in an amount not exceeding $21,000,000 to
finance the acquisition of environmentally sensitive land (Pepper Ranch); accepting a proposal
from SunTrust Equipment Financing & Leasing Corp. to provide the County with a loan to finance
the acquisition of the environmentally sensitive land; authorizing the execution of a bond to
evidence such borrowing; authorizing the bond to be payable from ad valorem taxation to be
levied in an amount not to exceed one-quarter of a mill on all taxable property within the County;
making certain covenants and agreements with respect to the bond; delegating certain authority
to the Chairman and other Officers of the County; appointing the County as paying agent and
registrar for the bond; authorizing the execution and delivery of such other documents as may be
necessary to effect such borrowing; and providing an effective date.
Item 12A 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, NOVEMBER 18, 2008, at a time certain of 12:00 noon in the
Commission conference room, 3'd 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 Jeffrey A. Klatzkow, and Litigation Section Chief 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 case of Jerry
and Kimberlea Blocker v. Collier County, et aI., Case No. 08-0066-CA, now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida.
Item 12B to be heard at 1 :00 p.m. This item continued from the October 28, 2008 BCC meeting.
For the Board of County Commissioners to provide direction to the County Attorney regarding
settlement negotiations and strategy related to litigation expenditures in the pending litigation
case of Jerry and Kimberlea Blocker v. Collier County, et al., Case No. 08-0066-CA, now pending
in the Twentieth Judicial Circuit in and for Collier County, Florida.
Item 101 to be heard immediatelv followina Item 12B at 1 :00 p.m.: Recommend the Board of
County Commissioners (Board) provide direction to staff concerning the use of excess turn back
from the Constitutional Officers.
Item 12C to be heard at 2:00 p.m. Request that the Board of County Commissioners provide
direction concerning an application for a right-of-way permit submitted by Imperial Golf Estates
Homeowners Association, to allow construction of an access road solely for emergency
purposes, between Imperial Golf Estates and Palm River Estates subdivisions, as required by
County Ordinance No. 87-55.
11/18/2008 8:49:22 AM
-~'--"~----'~--""~---
PROCLAMA TION
I 4A
1
WHEREAS, Golden Gate High School Junior Reserve Officers' Training Corps (JROTC) was formed
in 2004 when Golden Gote High School first opened: and,
WHEREAS, this program is designed to teach high school students the value of citizenship,
leadership, service to the community, personal responsibility, and a sense of
accomplishment, while instilling in them self-esteem, teamwork, and self-discipline:
and,
WHEREAS, since 2004, cadets have volunteered over 15,000 hours to the school and local
community through events such as Relay for Life, Heartwalk, Golden Gate City and
Canal clean-ups, Health Screening at local elementary and middle schools, Veterans
Day activities, Parades, Elementary school tutoring and reading, College Night, and
Color Guard support at a variety of events and activities: and,
WHEREAS, this program is one of the few in Collier County with an active booster club, and
JROTC porents volunteered over 4,000 hours since 2004: and,
WHEREAS, the program currently has over 140 cadets participating from !1"" through 12'" grade:
and,
WHEREAS, this program has bun instrumental in our community and has been a very big factor
in keeping our young people in school: and,
WHEREAS, First Sergeant GetJrge Harvey and Lieutenant Colonel Paul Garrah were recognized in
school year 2007-2008 as two of the 40 teachers of distinctian in Collier County out
of 3,000, being the first time JROTC teachers from the same program were so
recognized: and,
WHEREAS, First Sergeant George Harvey received the Golden Apple Award in school year 2007-
2008 for being one of the top 6 teachers in the County: and,
WHEREAS, the Golden Gate High School JROTC program will taM a "We Love Our Country
Citizenship Visit" to Washington D. C. in April, 2009, hDfK1ring Senior cadets who have
substantially contributed to the school and the community as a reward for their
dedication and commitment, which is the first time any JROTC program in this county
has initiated such a visit to our Nations Capital.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the
Golden Gate High School JROTC Program
be recognized and honored for their continued effort and dedication to Collier County
and its residents and we wish them continued success in future endeavors.
DONE AND ORDERED THIS 18th Day of November, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
~ 4b
PROCLAMA TION
WHEREAS, the organizations of Southwest Florida are committed to creating a
highly skilled workforce that is critical to growing and sustaining a
competitive advantage: and,
WHEREAS, they recognize that having a knowledgeable, skilled workforce improves
the performance of those organizations: and,
WHEREAS, learning develops individual and organizational knowledge and expertise:
and,
WHEREAS, the American Society for Training & Development (ASTD) - the worlds
largest association dedicated to workplace learning and performance
professionals - has declared December 1 - 5. 2008, as ''Employee
Learning Week" and has designated a time for organizations to recognize
the strategic value of employee learning: and,
WHEREAS, "Workforce Developmtlllt is E.-.ryones 8usiness": and,
WHEREAS, the ASTD Southwest Florida chapter, whose memiHlrs are workplace
training, learning, and performance professionals, and the organizations
in Southwut FltJrida have demDf/strated their commitmtlllt to developing
the skills of emp/tJyees and the workplace.
NOW THEREFORE. be it f/I't1Claimed by the Board of County Commissioners of Collier
County, Florida, that December 1 - 5. 2008, be designated as
EMPLOYEE LEARNING WEEK
DONE AND ORDERED THIS 18th Day of November, 2008.
BOAR/) OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
TOM HENNING, CHA
ATTEST:
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PROCLAMA TION
WHEREAS, November 2:r' through 29" is National Farm-City Week, a time set
aside to recognize and honor the contributions of the country's
agriculturalists and to strengthen the bond between urban and rural
citizens; and,
WHEREAS, in Collier County, the high point of Farm-City Week is the annual
Farm-City Barbeque, presented by the Greater Naples Chamber of
Commerce and local business and agricultural leaders; and,
WHEREAS, agriculture is an important element in Collier County's economic
machine, with total economic activity of over $300 million annually;
and,
WHEREAS, twenty-two percent of Collier County is utilized for agriculture,
providing vital ecological benefits, including habitat for wildlife, and
recharge area for our aquifer; and,
WHEREAS, the Board of Collier County Commissioners supports local agriculture
through programs including cooperotion with the University of
Florida/ IFAS Extension Service; and,
WHEREAS, 2008 marks the 5:r' year of the Natianal Farm-City Partnership;
and,
WHEREAS, - tlllCourage all citizens to pouse to recognize the cantributions of
our local farmers and ranchers to our economy, our food supply, and
our society.
NOW THEREFORE, be it proclaimed by the Board of County COIf/missioners
of Co/lier County, Florida, that on behalf of the citizens of Collier
County, great appreciation and honor is owed to all of this county's
agriculturolists, and that November 2:r' through the 29" be
designated as
Form-City Week
DONE AND ORDERED THIS 18th Day of November, 2ooB.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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PROCLAMA TION
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diahetes is on incurable and debilitating disease that strikes without warning or reason and
now affects more than twenty-three million children and adults in America, of which 3.7
million ore African American: and,
another 57 million Americans hove pre-diabetes, 0 condition that puts them at the highest
risk for developing Type 2 diabetes: and,
Type 1 diabetu is one of the most common chronic diseases to affect children of all ages,
even toddlers and babies, while Type 2 diabetes, once thought of as a disease affecting
adults only, is increasing fast among children and adolescents: and,
the economic cost of diabetes and diabetes-related complications to the United States has
been estimated at $174 billion annually: and,
each year, 3.8 million deaths worldwide are linked directly to diabetes-related causes:
and,
between 25 and 50 percent of people with diabetes do not know that they hove the
disease: and,
millions of people with diabetes lock tltc access to the CDl'e, treatment, and education that
is fItIeded to manage the dlset1se and prevent its serious and costly complications, including
heart disease, stroke, kidney fa/lure, blindness, and lower-limb amputation: and,
on increase in community awareness of risk factors and symptoms reloted to diabetes can
improve the likelilKHxl that people with diabetes receive tltc attention they need before
developing tltc dis_ and its dllvostating complications: and,
the Internationoll>klbetes Federation and the World Health Organization hove observed
World l>iabetu l>ay since 1991: and,
the United Notions 6efltlral Assembly has designated the current World Diabetes Day,
November 14, os 011 official United Notions World Health Day: and,
the United Notions encouragu the fight against the global diabetu epidemic by
encouraging access to diabetes core, treatment, and eductltion.
NOW THEREFORE, be it proclaimed by thfl BtJord of CfHJnty CommissiOlltlrs of Collier County, Florida
that the month of November. 2008 be dllsigntlted os
AMERICAN DIA8ETES MONTH
and call upon the people of Collier County to combat this disease and its life-threatening
complications by familiarizing themselves with the diabetes warning signs, making healthy
lifestyle choices and by accusing the best quality of core that Collier County provides to
its citizens with diabetes.
DONE AND ORDERED THIS 1l1" Day of November, 2008.
"ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIE. Cou. ,FLORIDA
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PROCLAMA TION
WHEREAS, Fire Chief Bob Schank has diligently served the residents of East Naples for 30
years having joined the East Naples Fire Department as a firefighter in 1978 and
was transferred to the Fire Prevention Bureau in 1981 where he was later promoted
to serve as the district's first fire marshal in 1982 before rising through the ranks
as a lieutenant, captain, assistant chief of the fire prevention bureau and assistant
chief of operations until he was named acting chief in November 1992 and permanent
fire chief in July, 1993 with his last day in office scheduled for December 3rd: and,
WHEREAS, under Chief Schank's leadership, the fire district grew from two stations with 15
employees to five stations with more than 100 employees in several divisions whose
mission statement is to provide highly trained professionals, well-equipped to respond
effectively to the Education, Prevention, ane! Emergency Response needs of the
Community, given the resources provided: and,
WHEREAS, the East Naples Fire Control and Rescue District was the first fire district in Collier
County to roll back the ad valorem tax millage rate in compliance with tax reform
le9islation: and,
WHEREAS, Chief Schank remains active in seVl1f'QI civic groups, including the East Naples Kiwanis
Club and East Naples Civic Association, wh_ he was past president, and has been a
long-time supporter of Lely High School, from where his four children graduated,
volunteering countlilSS hours over the years in various activities at Lely home football
games: and,
WHEREAS, Chief Schank is a dedicated and devoted family man and has always considered East
Naples Fire l>eportment employees as well as the citizens of East Naples as part of
his family: and,
WHEREAS, Chief Schank's style of leading with concern and compassion will be missed by those
that had the hDllOf' and privilege of working for him.
NOW THEREFORE, be it proclaimed by the Soard of County Commissioners of Collier County,
Florida that
Chief Bob Schank
be recognized for his lifetime ca,..,. of stII'ving Collier County. We thank you
endlessly and wish you well in your retirement.
DONE AND ORDERED THIS 18th Day of November, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
",.",~'
Date:
To:
From:
Re:
MEMORANDUM
November 25,2008
Kay Nell, CLA
County Attorney's Office
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Resolution 2008-338: Pelican Bay Services
Division Board Appointments
Resolution 2008-339: Vanderbilt Beach Beautification
MSTU Advisory Committee Appointments
98
Attached please find one (1) copy of the documents referenced
above, (Agenda Items #9B and #9C) adopted by the Board of County
Commissioners on Tuesday, November 18, 2008.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Attachment
98
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach lu origmal document. Onglllal documents shoullt he hand delivered III the Rourd Office. The completed routing slip and original
documents arc to he forwarded to the Board Olfice only after llle Board has taken action 011 the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional sIgnatures. dates, and/or inh)rmalioll needed. If the document is already complete with the
I' 1 r # 1 1 1 #4 1 h 1 kr d f
exceDtion ofthe Chairman's signature, draw a me t lrouoh routmg !nt's IlroLlgll ,complete t eelCC 1St an on'iard to SlH: Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routing order)
\.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court" s Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder afthe original document pending I3CC approval Normally the primary contact is the person who created/prepared the executive
summary. Primary contact intlHlllalion is needed inlhe event one of the addressees above. im:luding Sue Filson, need to contact stafr for additional or missing
intonnation All original documents needing the BeC Chairman's signature arc to be delivered III the Bce oHicc only after the BeC has acted to approve the
item)
Name of Primary Slaff Kay Nell, CLA Phone Number Exlension 8400
Contact Collier Counly Attorney's Office
Agenda Date Item was November 18,2008 Agenda Item Number 9B
Approved bv Ihe BCC
Type of Documenl Resolution Number of Original I
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Initial Ihe Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exceptIon of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully' executed by all parties except the BeC
Chairman and Clerk 10 Ihe Board and ossibl State Omclals.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne "otiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In 1110st cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of BCe approval.
Some documents are time sensitive and require forwarding to Tallahassee within a celiain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The documcnl was approved by the BCC on (enler dale) 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 lie able.
Yes
(Initial)
N/A(Nol
A Ii cable)
2.
3.
4.
5.
6.
&
N/A
(jj
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2.24.05
98
RESOLUTION NO. 2008-339
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE
VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE.
WHEREAS, Ordinance No. 2001-43, establishing the Vanderbilt Beach Beautification
Advisory Committee, provides that this Committee shall be composed of five (5)
members that reside within the MSTU; and
WHEREAS, there are currently vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Vanderbilt Beach Beautification Advisory Committee has provided to
the Board of County Commissioners its recommendations for appointment; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. Charles C. Arthur meets the prerequisites for appointment and is hereby
reappointed to the Vanderbilt Beach Beautification Advisory Committee for a four-year
term, said term to expire on November 13, 2012.
2. Alvin D. Martin, Jr. meets the prerequisites for appointment and is hereby
reappointed to the Vanderbilt Beach Beautification Advisory Committee for a four-year
term, said term to expire on November 13, 2012.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as
amended, relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of both Charles C. Arthur and Alvin D. Martin, Jr., to this Committee.
9B
This Resolution adopted after motion, second and majority vote on this the 18th day
of November, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
;\,',"l'
By: .
Attest II to
. j _IN Oft I'~
'r,'';,
Approved aSito form and
legal ufficiency:
By:
Item# ~
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9C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Atlach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board omce only afttr the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or illfurmation needed. If the document is already complete with the
excention of the Chairman's sionature, draw a line throuoh routinlJ lines # I throue.h #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Ad~ressee(s) Office Initials Date
(List in roUlin'" order
I.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courf 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 [he addres~ee~ above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc [0 be delivered to the Bee oft1ce only after the Bee has acted to approve the
item)
Name of Primary Slaff Kay Nell. CLA Phone Numher Exlension 8400
Contacl Collier Counly Attorney's Office
Agenda Dale Ilem was November 18,2008 Agenda Item Number 9C
Aooroved bv the BCC
Type of Documenl Resolution Number of Original I
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Inilial Ihe Yes column or mark "N/A" in Ihe Not Applicable column, whichever is
a ro riate.
Original documenl has been signed/inilialed for legal sufficiency. (All documents 10 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,
resolulions, elc. signed by Ihe County Attorney's Office and signalure pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCe
Chairman and Clerk to the Board and ossibl Slate Omcials.)
All handwritten slrike-Ihrough and revisions have been initialed by the Counly Attorney" s
Office and all other arlies exce I Ihe BCe Chairman and the Clerk 10 the Board
The Chairman's signature line dale has heen enlered as Ihc date ofBCC approval oflhe
documenl or Ihe final ne olialed contract dale whichever is a licable.
"Sign here" labs are placed on the appropriate pages indicating where Ihe Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided 10 Sue Filson in the BCC office within 24 hours of Bec approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of our deadlines!
The document was approved hy Ihe 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 chanes, if n IicabIe.
Yes
(Inilial)
N/A(Nol
A licable)
2.
3.
4.
5.
6.
@
N/A
@
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, R-.:viscd 1.26,05, Revised 2.24.05
9C
RESOLUTION NO. 2008-338
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO
THE PELICAN BAY SERVICES DIVISION BOARD.
WHEREAS, Collier County Ordinance No. 2002-27, as amended, established the
Pelican Bay Services Division Board and provides that the Board shall consist of nine (9)
members with a residential interest within the Unit and two (2) members who are
representative of the commercial and business interests within the unit; and
WHEREAS, there are currently vacancies on this Board for representatives of both
residential and commercial/business interests; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Pelican Bay Services Division Board has provided the Board of
County Commissioners with its recommendations for appointment to their Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Theodore S. Gravenhorst, Resident, is hereby appointed to the Pelican Bay
Services Division Board to fulfill the remainder of the vacant term, said term to expire
on March 31, 2010.
2. Hunter H. Hansen, Commercial, is hereby appointed to the Pelican Bay Services
Division Board to fulfill the remainder of the vacant term, said term to expire on March
31, 2010.
This Resolution adopted after motion, second and unanimous vote on this 18th day
of November, 2008.
ATTEST:
DWIGHT E. 8RO€;-K, Clerk
,". <~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 6...( ~()(.
....:....' ep Clerk
...."(9,. It to> t......
App8lt6rm and
leg s
!3V:
Item #
96
Agenda I. -', J\9
Date ~
~~~d t 1--"25--08
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOA
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach tll original document OrIginal til:Kllmcnts sl1uulJ be hand ddivert'd to the Boant Otlice.l.l1e c{1lT1rletcd routing slip and original
dl.Il,;Umcnls are to be forwarded tv lhe Board Office nnty .!!.f!a the Board ha~ taken actillll 011 the itt"ln)
ROUTING SLIP
Complete routine lineslltthrou&b N4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exceotionof1he Cbllirtnan's siKDlIlUre draw a line thrould1 rOlninll' lines #1 through #4, complete the checklist. and foman! to Sue Filson 'line #5).
Route to Addressee(s) Office Initials Date
. : (LiJt in routing oro.",
1.
.,' , ,
2.
3.
, .
4.
s. Sue Filson, Ex~tive Manager Board of COlUlty Commissioners
'" '.'
'6. MInutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The pri""", CllOIIet~ tho ........ofthe orlsinal docUl11l:llt pending BeC approval, NonnoJly 'he primaoy conlacl is the person who ~d1ll<l ex_
summory.l'rimory -- ift/bnnadon ~ _ in the evOllt one of tho acIdrosseos ahove. including Sue Filson, .ood to contact staff for additionoJ or missill'
i.-, AD orlaiftoI d......-.-..,the IlCC Cluunnan's si....... are to he delivered to tho Bee ofll<o only aller the BeC has acted to ""prove the
i_
Name o(Primary Stall'
. CQlltal;t .
Apndat>ate lteln WID
A the OCC
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Phone Number
Agenda Item Number
NUmber of OrIginal
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INSTRUCTIONS & CHECKLIST
InltiaI tho Yes coIImut 01 ~ "Nt A" in the No! Applicable column, whichever is
..
Original dllcument has been signed/initialed for legal sufficiency. (All documents to be
sitplld by the Chairman. with the exception ofmost letters, must be reviewtd and signed
by the Offi~ of the County Attorney. Thi5 includes signature pages from ordinances,
resolutions, ctI:. signed by the County Attorney's Office and signature pages from
cOIIttal;ts,. agreements, et&:. that have been fully executed by all parties except the BeC
~ and Clerk l!I the Board and ssib State Officials.
All handWrillllll slrike-through and revisions have been initialed by the County Attorney's
Office and all other 'es exce the BCC Chainnan and the Clerk to the Board
The Chairman's signatUre line dale has been enlered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where Ihe Chainnan's
si natUre and initials are re uired.
In most cases (some cornracts are an exception), the original document and this rouling slip
should be provided to Sue Filson in the BCC office within 24 houn of BeC approval.
Some documents are lime sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be ware of our deadlines I
The document was approved by the Bce on. \ (enter date) and all change.
made during the meetina have been Incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
I: formsl County Fonn!/ Bee Fonnsl Original Documents Routing Slip WWS Original9.OJ.04, Revised 1 26.05. Revised 2.2405
2.
3.
4.
5,
6.
1 0 A.I
MEMORANDUM
Date:
November 19, 2008
To:
Debbie Wight, Assistant to the County Manager
County Manager's Office
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-340: Supporting an amendment to Florida
Statutes requiring election of Governing Boards of the
Florida Water Management Districts rather than by
Governor Appointment
Attached, for your records please will find one copy of the resolution
referenced above, (Agenda Item #10A), adopted by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes & Records Department has retained the original resolution
where it will be kept as part of the Board's permanent record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (I)
IDA
RESOLUTION NO. 2008 -340
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, IN SUPPORT OF THE AMENDMENT OF THE FLORIDA STATUTES TO
REQUIRE ELECTION OF THE GOVERNING BOARDS OF THE FLORIDA WATER
MANAGEMENT DISTRICTS
WHEREAS, the State is divided into five (5) Water Management Districts, which were
created to manage and improve water quality, water supply, provide flood control and to protect
and enhance natural systems through land and water management; and
WHEREAS, each Water Management District is a special taxing district authorized by
law to collect ad valorem (property) taxes from landowners located within their multiple county
jurisdictions; and
WHEREAS, current Florida law provides that the Governing Board for the Water
Management Districts consist of members appointed by the Governor who reside in the
respective Districts; and
WHEREAS, those Governing Boards are delegated with substantial authority to directly
influence local and regional interests including the expenditure of tax dollars assessed against
landowners within those districts; and
WHEREAS, the Board of County Commissioners after consideration of the above factors
supports an amendment to the Florida Statute(s) creating the Florida Water Management
Districts to provide for electing the Governing Boards rather than appointment of those
members by the Governor; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board hereby resolves and supports amending the Florida Statutes to
require election of the Governing Boards of the Florida Water Management Districts. THIS
RESOLUTION is adopted after motion, second, and majority vote favoring adoption this 18th
day of November, 2008.
ATTEST, . '."'::. ,
DWIGHt:'E BROCK;:"C'I!lrk ,
By: tJ.C .
A&'i~t.fl . '":; .
A~J / ri~~<irid legal sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FRIDA
Jeffre w, County Attorney
lOB
MEMORANDUM
Date:
December I, 2008
To:
Nick Casal an guida, Director
TransportationlPlanning
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
An Amended and Restated US41 Consortium Developer's
Contribution Agreement (DCA)
Enclosed for your records you will find one (1) recorded copy of the
document referenced above (Agenda Item #10B), approved by the Board of
County Commissioners on Tuesday, November 18, 2008.
The Minutes & Records Department has kept the original agreement for the
Board's permanent record.
rfyou should have any questions, please call me at 252-8406.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOB
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to original document. Original dOl.:Unlcnts shnllld be h,md delivered In the Board OffiCi: rhe cpmpkted routing slip and original
documents arc to be forwarded to the Board omcc only after the Board has taken action on the Item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exception of tile Chainnan's signature, dmw 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!2: 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 contoct is the holder of the original document pending Bee approval. Normally the primary contact is the person who createdfprepared the executive
summary. Primary contact information is needed in the event one of the addressees above, inch.rling Sue Filson, need to cootact staff for additional or missing
information. All original docwnents needing the Bee Chairman's signature are to be delivered to the Bee office only after the oce has acted to approve the
item.)
Name of Primary Staff Nick Casalanguida Phone Number 252-6064
Contact
Agenda Dale Item was 11-18-08 Agenda Item Number lOb
Aooroved bv the BCC
Type of Documenl Developer Contribulion Agreemenl Number of Original I
Attached Documenls Attached
I.
INSTRUCTIONS & CHECKLIST
lnilial the Yes column or mark "N/ A" in Ihe Nol Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documenls to be
signed by the Chairman, with the exception of most letters, musl 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 !Tom
contracts, agreemenls, elc. Ihat have been fully execuled by all parties except Ibe BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-Ihrough and revisions have been inilialed by Ihe County Attorney's
Office and all olher arties exce I Ihe BCC Chairman and the Clerk 10 Ihe Board
The Chairman's signature line dale has been enlered as the dale ofBCC approval oflhe
document or the fmal ne olialed contracl dale .hiche~er is a licable.
"Sign here" labs are placed on the appropria pages indicating where the Chairman's
si nature and initials are re uired.
In mosl cases (some contracls are an exceplion), the origimilodocumenl and this rouling slip
should be provided 10 Sue Filson in Ihe BCC office wilhin 24 bours of BCC approval.
Some documents are time sensitive and require;'forwarding to Tallahassee within a certain
time frame or Ihe BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 10-18-08 (enter date) and all changes
made dnring the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Tnilial)
N/A (Nol
A Hcable)
2.
3.
4.
5.
6.
ill
\b
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\..6
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I: Forms/ eomty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
rV-
\I
lOB
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
THIS AMENDED DEVELOPER CONTRIBUTION . AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into this 17,'''' of N"'<e",Io",-, 2008, to be
effective as of the date upon which this Agreement is approved by the Board of County
Commissioners of Collier County (the "Effective Date"), by and among NAPLES RESERVE,
LLC, a Florida limited liability company (the "Reserve"), KITE EAGLE CREEK II, LLC, an
Indiana limited liability company, KRG EAGLE CREEK IV , LLC, an Indiana limited liability
company, KRG 951 & 41, LLC, an Indiana limited liability company, TOUSA HOMES, INC., a
Florida corporation, ABC LIQUORS, INC., a Florida corporation, NBC RV, LLC, a Florida
limited liability company, NBC LAND HOLDINGS, LLC, a Florida limited liability company,
REALTYNET REAL ESTATE, LLC, a Florida limited liability company, and HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., a Florida non-profit corporation, each a "Developer" and,
collectively, the "Consortium Developers" or the "Consortium") and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "County"), and hereby
amends, restates, supercedes, and replaces in it entirety that certain "Developer Contribution
Agreement-US 41 Developers' Consortium" dated November 13,2007, recorded November 16,
2007, in Official Records Book 4303 at Page 2349 of the Official Records of Collier County,
Florida. All capitalized terms not defined herein shall have the same meaning as set forth in the
Collier County Consolidated Impact Fee Ordinance, Ordinance
No. 2001-13, as amended.
RECITALS:
WHEREAS, the Consortium Developers each own or control portions of the
development projects (each a "Development" and collectively, the "Developments"), identified
graphically in Exhibit "A" and by legal descriptions in Exhibit "B" and located in unincorporated
Collier County, Florida; and
WHEREAS, LDC Section 1O.02.07.C.4. provides that "Upon approval by the Board of
County Commissioners, any applicant shall enter into an enforceable development agreement
with Collier County pursuant to the provisions ofF.s. 99163.3220--163.3242 or other agreement
acceptable to the Board of County Commissioners, in conjunction with the approval of a
development order and/or a certificate of public facility adequacy. The effect of the
development agreement shall be to bind the parties pursuant to the terms and conditions of the
development agreement and the certificate of public facility adequacy in order to insure that
adequate public facilities are available to serve the proposed development concurrent with when
the impacts of the development occur on the public facilities;" and
- 1 -
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OR: 4408 PG: 2881
108
.
WHEREAS, on November 13,2007, the County and most of the Consortium Developers
entered into a Developer Contribution Agreement in which each Developer was to be granted
vested concurrency rights with respect to the Development owned or controlled by it, in
exchange for the Consortium Developers fully funding, at their sole cost and expense, the design,
permitting, construction, Construction-Engineering and Inspection (CEI), and land acquisition
for a Road Project consisting of (1) at grade intersection improvements at the intersection of CR
Route 951 and SR Route 41, (2) six-lane road improvements from the intersection of CR Route
951 and SR Route 41 to Henderson Creek, and (3) four-lane road improvements from Henderson
Creek to 0.25 miles east of Naples Reserve Blvd; and.
WHEREAS, because of recent changes in economic circumstances, the Consortium
Developers are unable to meet their obligations under the November 13, 2007 agreement; and
WHEREAS, the County has continued to evaluate various options, including at grade
improvement at the intersection ofUS41 and SR-CR951 that would also be the footprint for the
ultimate grade separated improvement (See exhibits 1 "at grade" and 2 "grade separated"). The
estimated cost for the "at grade" improvement, which includes right of way is approximately
$18,700,000 and project contingency amount of $3,822,003.65 for a total of $22,522,003.65.
The ultimate "grade separated" improvement is estimated at an additional $35,300,000. This
intersection is identified in the County's Long Range Transportation Plan (LRTP) as grade
separated; and
WHEREAS, the County is willing to enter into this Agreement in order to help fund and
accelerate the improvement of this intersection; and
WHEREAS, the Transportation Administrator of the County has recommended to the
Board of County Commissioners that the improvements set forth in this Agreement (hereinafter
referred to as the "Proposed Plan") is in the conformity with the contemplated improvements and
additions to the County's transportation network; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the
Board finds and reaffirms that:
a. The Proposed Plan is in conformity with the contemplated improvements
and additions to the County's transportation system;
b. The Proposed Plan, viewed in conjunction with other existing or other
proposed plans, including those from other developers, will not adversely impact the cash
flow or liquidity of the County's road impact fee trust accounts in such a way as to
frustrate or interfere with other planned or ongoing growth-necessitated capital
improvements and additions to the County's transportation system; and
c. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, the Long Range Transportation Plan and complies with the
requirements of the Collier County Consolidated Impact Fee Ordinance.
- 2 -
OR: 4408 PG: 2882
108
WITNESSETH
NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The County agrees that it will provide a PD&E reevaluation, design, permit,
acquire all necessary right-of-way and construct at grade improvement at the intersection of
US4l and SR-CR951 that would also be the footprint for the ultimate grade separated
improvement (the "Project"). The County will identify the Project within the Capital
Improvement Element (CIE) fiscal year 2013. If the Project is ready for construction in fiscal
2012, the County will accelerate the Project accordingly. It is understood by all parties that the
Project is subject to FDOT approval and requires an acceptance of the reevaluated PD&E and all
permitting approvals. The County will pursue entering into a Local Agency Program (LAP) or
Joint Participation Agreement (JP A) with FDOT, as appropriate.
3. Within thirty (30) days after the Effective Date, the Consortium Developers shall
pay to the County in cash the sum of $3,000,000.00. The County will use these funds to proceed
with a PD&E update, design, and right of way acquisition for the Project. Subject to paragraph
5, these funds are non-refundable, regardless of if and when the County commences or completes
this Project.
4. As set forth in Exhibit C (the "Milestone Schedule"), Developers shall pay
County an additional $19,522,003.65 in Anticipated Road Impact Fees towards construction of
the Project. Impact Fees must be paid in accordance with the Collier County Consolidated
Impact Fee Ordinance, however, each Developer shall be required to fully pay to the County its
Anticipated Road Impact Fee Amount (or the applicable portion thereof) no later than the dates
set forth in the Milestone Schedule. If Road Impact Fees are increased, then the amount to be
paid shall be based on the then current road impact fee rate. Each Developer's actual payment
for Road Impact Fees shall be credited against the Anticipated Road Impact Fee Amount. If
Road Impact Fees are reduced, no credit will be granted against the Anticipated Road Impact Fee
Amount for such reduction. Nothing contained herein or in the Milestone Schedule shall
prohibit a Developer from paying its Anticipated Road Impact Fee Amount or portions thereof
earlier than the dates set forth in the Milestone Schedule or prohibit a Developer from receiving
certificates of occupancy, site development plan approvals, plat approvals or building permits in
connection with such early payment.
- 3 -
OR: 4408 PG: 2883
1081
5. As security for each Developer's payment of its Anticipated Road Impact Fee
Amount, each Developer hereby agrees to submit to the County within ninety (90) days after the
Effective Date, a payment bond, letter of credit or other payment security acceptable to and
approved by the County in the amount of its Anticipated Road Impact Fee Amount totaling
$19,522,003.65. This shall be in a form acceptable to the County. If the Consortium Developers
fail to submit payment bonds, letters of credit, or other approved payment security totaling in the
aggregate $19,522,003.65 prior to the expiration of said 90-day period, the County shall have the
right to terminate this Agreement, in which event, the $3,000,000.00 cash payment and any other
cash payment made by a Developer shall be returned within thirty (30) days by the County to the
Developer that paid the same, the payment bonds, letters of credit and other payment security (if
applicable) that were submitted by the Consortium Developers shall be released within thirty
(30) days by the County, this Agreement shall be null and void, and the parties shall be relieved
from any and all further obligations hereunder which do not survive termination of this
Agreement. If the Agreement is terminated no approvals shall be granted for any development
that impacts US41 east of CR951 and SR95 I south of US41.
6. This is a form of "Pay and Go" Agreement. Accordingly, following all of the
Developer's submittal of cash payment, the payment bond, letter of credit, or other approved
payment security for its Anticipated Road Impact Fee Amount, as applicable, (I) each Developer
shall receive Road Impact Fee Credits for the Total Anticipated Road Impact Fee Amount as set
forth in Exhibit "C". A sample copy of the Impact Fee Ledger, utilized by the County to
administer Road Impact Fee Credits for each Developer is attached as Exhibit "D"; and (2) each
Developer shall also receive Certificates of Adequate Public Facilities ("Certificates") from the
County which immediately and fully vest each of the respective Consortium Developers with the
right to roadway capacity in connection with their respective Developments as set forth in the
Milestone Schedule; and (3) each Developer's project shall be entitled to obtain certificates of
occupancy, site development plan approvals, plat approvals and building permits for its
Development (or portions thereof, as applicable) subject to the normal permitting and review
process. Issuance of these Certificates, however, will not relieve the respective Developers from
their respective obligation to pay road impact fees for their respective units. The credit for Road
Impact Fees identified herein shall run with each of the respective Developments and shall be
reduced by the entire amount of each Road Impact Fee due for each Building Permit issued
thereon until the respective Development project is either completed or the credits are exhausted
or otherwise no longer available, or have been assigned by operation of or pursuant to an
assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not
offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective
Developer, its successors and assigns are responsible in connection with the development of their
lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in
which the Building Permits are reviewed by the Impact Fee Administration, irrespective of
whether Developer assigns all or part of the Development. The County will apply all road
impact fees paid for any portion of the Development whether paid by the Developer or another
developer towards the Anticipated Road Impact Fee Amount.
-4-
OR: 4408 PG: 2884
108
7. If a Developer fails to pay its Anticipated Road Impact Fee Amount (or a portion
thereof) as required herein and such failure continues for a period of thirty (30) days after written
notice of such failure from the County, the County, as its sole remedy hereunder, (i) shall have
the right to draw upon such defaulting Developer's letter of credit or exercise its rights under the
payment bond or other approved payment security submitted by such defaulting Developer in
order to fund such Developer's Anticipated Road Impact Fee Amount (or the applicable portion
thereof then due and payable by the Developer) or (ii) for any unsecured payment the County
shall terminate Road Impact Fee Credits, Certificates, and the right to obtain Certificates for the
applicable portion thereunder that has not been paid by the Developer. In no event shall a default
by one of the Consortium Developers of its obligations under this Agreement cause the other
Consortium Developers to be in default ofthis Agreement.
8. The County has determined that the Project is an interim improvement consistent
with the FDOT PD&E that provides capacity for the Consortium Developers and already vested
adjacent developments for a portion of the study area. Except as authorized in paragraph II, no
additional development approvals that directly impact this segment of US41will be granted
outside of this Agreement until the Project is completed unless otherwise approved by the Board
of County Commissioners. Upon completion of the Project, the County shall evaluate the
roadway capacity, background traffic and vested trips to determine if any additional approvals
may be granted.
9.. This Agreement hereby amends, restates, supercedes, and replaces in it entirety
that certain "Developer Contribution Agreement-US 41 Developers' Consortium" dated
November 13, 2007, recorded November 16, 2007, in Official Records Book 4303 at Page 2349
of the Official Records of Collier County, Florida.
Leeal Matters
10. This Agreement shall not be constructed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
11. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, each Developer may assign all or part of the concurrency rights it
receives under this Agreement utilizing the County's then current form of assignment. The
Developer may also transfer or assign all or a portion of the approved density or square footage
to another project on any immediately adjacent roadway link with the intersection ofUS41 with
SR-CR 951 whether owned by that developer or owned by another developer.
12. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner or its successors or
assigns, of the necessity of complying with any law, ordinance rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
13. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
- 5 -
OR: 4408 PG: 2885
lOB
is necessary to comply with such laws, III a many which best reflects the intent Vi IillS
Agreement.
14. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed to the parties at the addresses set forth in Schedule I to this Agreement, or such
other address of which a party hereto shall give notice. Notice shall be deemed to have been
given on the next successive business day to the date of the courier, if sent by nationally
recognized overnight delivery service, or if delivered by Certified Mail, upon actual receipt.
15. Each Developer shall execute this Agreement prior to it being submitted for
approval by the Board of County Commissioners. This Agreement shall be recorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the
Effective Date. Developers shall pay all costs of recording this Agreement. The County shall
provide a copy of the recorded document to the Developers upon request.
16. In the event of any dispute under this Agreement, the parties shall attempt to
resolve such dispute first by means of the County's then-current Alternative Dispute Resolution
Procedure, if any. Following the conclusion of such procedure, if any, either party may file an
action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this
Agreement, and remedy being cumulative with any and all other remedies available to the parties
for the enforcement of the Agreement.
17. This Agreement constitutes the entire agreement between the County and the
parties with respect to the activities noted herein and supersedes and takes the place of any and
all previous agreements entered into between the parties hereto relating to the transactions
contemplated herein. All prior representations, undertakings, and agreements by or between the
parties hereto with respect to the subject matter of this Agreement are merged into, and
expressed in, this Agreement, and any and all prior representations, undertakings, and
agreements by and between such parties with respect thereto hereby are canceled.
18. The individuals signing this Agreement on behalf of each party represents and
warrants that he or she has the full power and authority to execute this Agreement for the party
upon whose behalf he or she is executing same and that upon such execution, such party shall be
fully bound by each and every provision of this Agreement.
19. Nothing contained herein shall be deemed or construed to create between or
among any of the parties any joint venture or partnership nor otherwise grant to one another the
right, authority or power to bind any other party hereto to any agreement whatsoever.
20. This Agreement may be executed in separate counterparts, each of which when so
executed shall be an original, but all of which together shall constitute but one and the same
instrument.
-6-
OR: 4408 PG: 2886
lOB
i,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
.,',',\J . CJ~(j,.;'"
..... '.'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
lJk~o'
By: ~,,', '+'~'. :': ' '- '
., " ',', u lerk
~...~, .
tt"'4tlft' ',?,
..0.... ....:0'.
B
.'-;j"'"
'",
Appr ved as to form
and I al 1 ency:
Jeffre t w
Count Att ey
Item # \bb
Agenda , \ .A ( ..f)~
Date u::..l!-ll!1.
Date ~
~
- 7 -
OR: 4408 PG: 2887
108
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US41 DEVELOPERS CONSORTIUM
(4~1L LA~
Printed Name
r;<~e6 ffd
~~d:SYo
Printed Name ~
, a Florida limited
:"'7 ~: ~
Name: A~ ~~'(\.~ So I J I
Title: Jv'\CL~1 ~ I/v\~~,
of Gulf Coast Na serve, LLC, the
Managing Member of NAPLES RESERVE,
LLC
WITNESSES:
Dated:
\.0 \d'-\\d-C08
\ 1
STATE OF y(("n~
COUNTY OF CO\. \.lu'
)
) SS:
)
:\~Y"tJ6r.
.0....... '" ROSEMARIE 8. YOUNG
"~ * MY COMMISSION' DD 480025
"'~. EXPIRES: January 6, 2010
J'tC)F~~ 8oftdtdTltru'udgttNotaryServi~
J1 Before,rfl Notary Public in and for and State, personally appeared
t'[~~.::::J:(/~ , the of Gulf Coast Naples
Reserve, LEC, Managing Member of N L RESERVE, LLC, a Flonda lImited lIabilIty
company, who acknowledged the execution of the foregoing instrument as such officer for and
on behalf of said limited liability company.
..f<.
Witness my hand and Notarial Seal this~ day of f9(j~j,er, 2008.
~ 6 J;f-~cf
(si e)
k~Vv(prin~~e~
Notary Public
My Commission Expires:
\\~\~\O
.
County of Residence:
~\\~I
- 8 -
OR: 4408 PG: 2888
SIGNA TURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
lOB
:::J;'L tToe\\c..-~
~rlN~' lit;
ignatu~
'R \)b.trt G. ~ 0/ /Ol,Jq'j
Printed Name /
KITE EAGLE CREEK II, LLC, an Indiana
limited liabi1i~ompany
By: AjC--
Name: --rh bm" ~ f1 ).lie Gowc;" ,
Title: C ~;e+ o~J:/7! 6rl;'r~r
of Kite Realty Group rust, the General
Partner of Kite Realty Group, 1.P., the
Managing Member of KITE EAGLE CREEK
II, LLC
WITNESSES:
CJI,~
SIgnature
Dated:
IO-;Lt/-~oO~
STATE OF 1r40lA;to..lA
COUNTY OF MA<ztor{
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
~ 'r':. ~.,..,.. , the ~ ~ o(j\CP..Il of Kite Realty Group
Trust, the General Partner of Kite Realty Group, 1. ., the Managmg Member of KITE EAGLE
CREEK II, LLC, an Indiana limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
WiJ,I.l~.l hand and Notarial Seal this .1fl!1day of O~
,..,~~\ R. Fl-i;--'" ~ ~
,,'.,?-.........,.~... \'
I Q ,,' ',..-,\ )
i ~/ NOTARY ....~ \ IJ. ~at(jre)
~ ~ SEAL: ~ (' 1.. _
\ *.... PUBLIC .... * f MOl+' ~,VYVt-"\
\,<S''''...... ......~~/ (prInted n~e)
"<~ oi:' il"lo\~",," Notary Public
't".'''''UII~I'\'\'
, 2008.
My Commission Expires:
County of Residence:
O'wf.( ZOJ -Z01 'f
~'e1V\
- 9 -
OR: 4408 PG: 2889
lOB
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
Lfi~
Signature
:r; L J7 r1) e--It l-h
~dN='
Sig ,1/ /'7
r<a l~(t (;. ~ IIOk!cJ----
Printed Name
KRG EAGLE CREEK IV, LLC, an Indiana
limited liabilit pany
WITNESSES:
By:
~'7
Name: ~m(k skAte Go..J4", q.~1
Title: C ~;-e-t D~""+//J' o!f;(~
of Kite Realty Group rust, th~ General
Partner of Kite Realty Group, 1.P., the
Managing Member ofKRG EAGLE CREEK
IV,LLC
Dated:
I 0- ~ V~ ),(J(Jf
STATE OF INOIANA
COUNTY OF MAP10rV
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
~S \"-. t-t~, the ClM~~ O.(f.<e~ of Kite Realty Group
Trust, the General Partner of Kite Realty Group, 1. ., the Managmg Member of KRG EAGLE
CREEK IV, LLC, an Indiana limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this ~day of ~
.......t.'.....
"".- -:\ \ f\. Fi,q ";-.
,~~t- .....". 4?
l Q ,," ....~
f ~.... NOTARY '.'t.
: : C'EA .
~ : u L:
- *. . .
~ '. PUBLIC' * i
1:.<l',,:.....~ j
......... -fi';...........~.....,...
"'##", . l: OF \"-\0\' .....,..
If.. ,.... \""
My Comm1!l9ioo"E'fpires:
, 2008.
~~
NW(\~
(printed name)
Notary Public
County of Residence:
6vt ~ 10 I ?t;4 '1
M6vr 011\-
- 10-
OR: 4408 PG: 2890
lOB'
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
KRG 951 & 41, LLC, an Indiana limited
liability C~y
By: ~
r.....P t<'~
Name: ~ \M)"'IC<S f-<,)1 r bOvHoYJ (2
Title: C l-t:.e.l' 1)"'<1J"-i.,,,,,, ort:c~,
of Kite Realty G~st, the'General
Partner of Kite Realty Group, L.P., the
Managing Member ofKRG 951 & 41,
LLC
WITNESSES:
:]\' L t==YO ~h d~.,
Pno'" N~, ~
~D~~~
19nature
I?b~t G. .r D / ;(;WGI(j
Printed Name
Dated:
( () - ;). if - ::lOoK
STATE OF INOi~A-
COUNTY OF MPrt1{oN
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
iVIorW<5 j::.. fvl.c~~ , the ~ ~~ I!:'.ff\~ Kite Realty Group Trust,
the General Partner of Kite Realty Group, L.P., the anaging Member ofKRG 951 & 41, LLC,
an Indiana limited liability company, who acknowledged the execution of the foregoing
instrument as such officer for and on behalf of said limited liability company.
Wj,tUI1o'W.l.)1) hand and Notarial Seal this ~ay of cn.-t>bPY , 2008.
......., R .... ~
/..:.;- \ :,., . . ~ .7;:;""", . -: J ,.h .
~Q." ""'1..z..~ \_rX1A~ ~
! "(":.. NOTARy.... ; 0 Y' (sig a-fure)'
g ~ SEAL ~ ~ M f) n,~,..
\ *.... PUBLIC :. * f ~ . I "VI; I ~RJ'"
.. IS'" ..:.:...~ ~ (pnnted name)
'10 r.'. .. ,,- ,.
"... '1,.;:..... ~;O,I>' / Notary Public
~"",;(:: OF h.... "\\,,,
"""ffIIIlU"'~
My Commission Expires: County of Residence:
iJ.Al! 1.;)1 'ZQIL
IA _ _'
... \QY""t ~
-II.
SIGNATURE PAGE TO
U.S. 41 DEVELOPER CONSORTIUM AGREEMENT
OR: 4408 PG: 2891
lOB
By:
Florida
WITNESSES:
~ d ..~
,~IJ- /.
'-/" SIgnature' 4-
k/'J
TOUSA HOMES, I
corp
1
\
Title:VP
.--,
-fbev/W/)/J P ~iJGJ
Printed Name
Dated: kJ z.~~O l!:>
STATE OF~t.O/U!I"'"
COUNTY OF l"--e
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
:Jt.l~ CoW:bl...lh , the \( . ~~ ofTOUSA HOMES, INC.,
a Florida corporation, who acknowledged the execution of the foregoing instrument as such
officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal thisJ3 day of c>d-o~ ,2008.
J !
Lu (LZ..()1 .
CflA Ai:t~ /r\.fl~f)ll .
(signature)
~h r'l Sll Y\ (~ tv\ LJ n rd
(printed name)
Notary Public
My Commission Expires:
County of Residence:
Oc+
23 2009
I
Lee_
~ CHlUS11NA MWARD
MYCOMMII:tKltI. DD4MIeO
~.,~ I!ltPIRES, Od.23,21109
(407)-" ---
~ 1/2241449.1
OR: 4408 PG: 2892
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
lOB
WITNESSES:
ABC LIQUORS, INC., a Florida corporation
~.L~ 1:. 1^4~
Signature
ko b;" L. ~a.r-hf]
d Pri,""d N=, ,
NNI~" OM'lf
Sig a e
~rJJ~En 0;r~;LL
Printed Nke
By: I)~ f}-~
Name: ~>5 BAIl < E5
Title: vicE ffi5,~.k't/
Dated: a~)e'....-';}3 :?tJCJ6'
STATE OF /j;;;ZIP.4
COUNTY OF !);U.;,/{';E
)
) SS:
)
/ Before, a Notary Public in and for said County and State, personally appeared
Uc5S "i3h,f" 5 ,the 0Cf? f1?G510e/-/;/ of ABC LIQUORS, INC., a
Florida corporation, who acknowledged the execution of the foregoing instrument as such officer
for and on behalf of said limited liability company.
1tJ
'..~
NaIIIJ PWlcSllll oIF101td1
PlIlII~
""Cor,~,~,DO!.15
EIIliIo 0MI2t201O
.)3 day of O~J..y- ,2008.
Witness my hand and N
-_..,..~
C/~/h
,
(signature)
~a~vL
(pri ed name)
Notary Public
My Commission Expires:
Off/ () 7...-/2 () /0
County of Residence:
05('eot~
- 13 -
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
OR: 4408 PG: 28931 0 B
(~~~~) r~
NBC RV, LLC, a Florida limited liability
company /2';::2/'
~.--'- V
By: ," -
---- ~ C/
Name: K€-\Vc\ [\\\c", ',?,c,<,\t
WITNESSES:
\ _ r~ '
\-Jl, \ rei' ,-:::, '<?'H'\
e~~~ameQ~
Signature
Ci,flLlD IrJ ~ R 1.1 t.Lf\\l2
Printed Name
Title: W\c",nr::s"c 'file.", \",,'
, .J
Dated: \ c) , ;:J"\, 0",
STATE OF ~\tl,\6c..
COUNTY OF CO \ \\" r
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
\::.e.''Yr. 1\, -V.2)(\<,,"'- , the \\\CH\(j"~" ,\'\\"'ffi"'-._-- of NBC RV, LLC, a
Florida limited liability company who aclm IclJged the execution of the foregoing instrument
assuch t-"-~(,\- forandonbehalfofsaid \"",,\-<,,\ \\n~.),\,\,,"':I ('O'''VCl''~,
Witness my hand and Notarial Seal this :)-'\~ay of (lc~ \,;,....,,, , 2008.
-l p
d-- ~~e):) d
\._C.J.J...' .-ex, "-S ,'''beQ"h
(printed name)
Notary Public
\,) - :::J,-\- 'D
County of Residence:
CD \ \,,~ ,.
My Commission Expires:
. LAUREN J, BEARD
~~ ..~
~PuIllic-SlIloolFlalldl
. . Cal...oIwIt.o EJlllhI 0cl2c,211111
Cofito.' . '" . 00 ,.gz
. ." ~ By NIIionaI NolIIy Aao.
- 14-
OR: 4408 PG: 2894
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
lOB
;)
cr- ~ t~
Signature
d
NBC LAND HOLDINGS, LLC, a Florida
limited liabili~y com~?
By: /~~__H
..-------
Name: kt'.,.J/l 1-111<,,, Pw"k
WITNESSES:
L ().\"e".~ 'be:nn\
Printed Name '1
~~1w) ~
Signature
CL-ftLlDt,0[ ffueL-AIL
Printed Name
Title: (flu"'" '''3 ;J'Jr.m IN'r
d .
Dated: Ie. ,:)'}-O~
STATEOF F\()"dC\ )
) SS:
COUNTY OF ~,,\ \, .",.. )
Before, a Notary Public in and for said County and State, personally appeared
\<.e\~ 1\, "'-w.,\ ,the n\""nc:.'''~ ''(\e,~'',p, 'of NBC LANDHoLDINGS,
LLC, a Florida limited liability company, w 0 acknowledged the executIOn of the foregomg
instrument as such ",'Ie; (, r for and on behalf of said \, "'" "',\ \,...\c"I,I.\ (C '"'' \jGr",:\
Witness my hand and Notarial Sealrthis gday of Dc\"\>..,,.- , 2008.
(---7 "'--~g~e) A
\ eLL,,"',~ -:S. ~J ecv-cl
(printed name)
Notary Public
My Commission Expires:
County of Residence:
\C);.)L\-Iu
C\,\\\t'C
"",,, LAUREN J. IlEARO
OJ,.;? 0,:,>.. Notary PIdc.lIIIIt......
; . . . jMy Comm_ E...... 0cIM.
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- 15 -
OR: 4408 PG: 2895
SIGNATURE PAGE TO
U.S. 41 DEVELOPER CONSORTIUM AGREEMENT
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WITNESSES:
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Title: {)(}.) f\Qf
Dated: ID/z.?/~'g
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COUNTY OF
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STATE OF
Before, a Notary Public in and for said County and State, personally appeared
, the of REALTYNET REAL
ESTATE, LLC, a Florida limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this _ day of
,2008.
(signature)
(printed name)
Notary Public
My Commission Expires:
County of Residence:
U2241449.1
OR: 4408 PG: 2896
lOB
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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Here Insert Name and Tille 01 the Offi
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personally appeared
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Name(s) ofSigner(s)
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NoIaIy I'UblIc . C-..4a I
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_ _~.:.~,..alD1' ,
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name~~/al:e subscribed to the
within instrument and acknowledged to me that
~ne/they executed the same in~/their authorized
capacity(ie&), and that by@18C/t11eir signature(S) on the
instrument the person('s), or the entity upon behalf of
which the person(s.) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
Place Notary Seal Above
WITNESS my hand and otticial seal.
Signature \Ca(.H-~"O'~'~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document \
l..-l.$ 1..-\\ \:)tve.... opel
Title or Type of Document: _~___ __ __~
Document Date: ___I 0 \ L--"3 \ 0 ~
C:o'''\s.e('\-~v...('V'"'I, ~qr-~t..I'V\....t........4
Number of Pages:
Signer(s) Other Than Named Above:
IV\~\\--. ('\Z-
Capacity(ies) Claimed by Signer(s)
Signer's Name: C' 0'-:::) S.
L Individual
I Corporate Officer - Title(s):
Partner - L Limited I-I General
_J Attorney in Fact
Trustee
Guardian or Conservator
:}< Other: 0 JJ f"- r
M"",l~_~
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Signer's Name:
, Individual
=_ Corporale Officer - Tille(s):
i Partner -1-1 Limited r-I General
I Attorney in Fact
I Trustee
I Guardian or Conservator
LI Other- ____~_____
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
(_';",;I~,,~;~~~'<=,'~';;(,~~~~'UV"t.X;.~'UV'<.,;V~x,;.v~~~'(,.:k..~~~'t.X;..'LX;.'U(;.'UV~"GV~~~'U,;;(~~~~~~~~~~
@2007 National Notary Association. 9350 De Solo Ave_, PO_ Box 2402. Chatsworth, CA 91313.2402. www_NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827
OR: 4408 PG: 2897
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
lOB
,,/ ~:;
4/
/-/-'.---
/ ,/Slgnature
, '
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC., a Florida Non-Profit
Corporation ) /;7' /~
.. ~/~~/'5
By: _"'t-c:J<(/!'...J:0:--z /'
WITNESSES:
, ! , ,./ /
j,:{ 1,' /(//"j, / )
41 Printed Name /"~
('.:.. S~~t~~,:...__:'J C\"~)\.'I
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< Je. (\ (\\ 1~ '2 \ C'l.'::" Y'\
Printed Name
Name: Samuel . Durso. MD.
Title: President
Dated:
I
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/
1(' j
STATE OF / ki'Cf i
COUNTY OF (;, / Ii ('j
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared Samuel J.
Durso, MD., the President of HABITAT FOR HUMANITV OF COLLIER COUNTV, INC., a Florida
Non-Profit Corporation, who acknowledged the execution of the foregoing instrument as such
officer for and on behalf of said limited liability company.
-.., "rvr.-:-
Q). ". ~. LISA B. LEFKQW
1"' ;"? MY COMMISSION # 00153220
EXPIRES Me"'" 04, 2012
(407)'*-0163 FbtdaHawvSOfVIQI.lilOfIl
(r \( l<.' ~ !
,2008.
I >; /
i (,,( I
r
~ Lc;;f /u v\/
(printed name)
Notary Public
My Commission Expires:
County of Residence:
3/4- / :JO / d-
I {
(d(ller
- 18-
OR: 4408 PG: 2898
SCHEDULE I
lOB
Notice Addresses
Naples Reserve, LLC
Attn: Anthony Salce
3415 Radio Road, #109
Naples, FL 34104
With a Copy to: Goodlette, Coleman & Johnson
Attn: Richard Y ovanovich, Esq.
4001 Tamiami Trail North
Naples, FL 34103
Kite Eagle Creek II, LLC
c/o Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite 1100
Indianapolis, IN 46204
With a Copy to: Kite Realty Group
Attn: Robert G. Solloway, Esq.
30 South Meridian, Suite 1100
Indianapolis, IN 46204
KRG951 &41,LLC
c/o Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite 1100
Indianapolis, IN 46204
With a Copy to: Kite Realty Group
Attn: Robert G. Solloway, Esq.
30 South Meridian, Suite 1100
Indianapolis, IN 46204
KRG Eagle Creek IV, LLC
c/o Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite 1100
Indianapolis, IN 46204
With a Copy to: Kite Realty Group
Attn: Robert G. Solloway, Esq.
30 South Meridian, Suite 1100
Indianapolis, IN 46204
TOUSA Homes, Inc.
4000 Hollywood Blvd.,
Ste. 500-N
Hollywood, FL 33021
ABC Liquors, Inc.
Attn: Tom Hartmann
P.O. Box 593688
Orlando, FL 32859
NBC RV, LLC
c/o Basik Development, LLC
Attn: Keith Basik
720 Goodlette Rd., #305
Naples, FL 34102
NBC Land Holdings, LLC
c/o Basik Development, LLC
Attn: Keith Basik
720 Goodlette Rd., #305
Naples, FL 34102
Habitat for Humanity of Collier COWlty, Inc.
Attn: Samuel J. Durso
1145 Tamiami Trail East
Naples, FL 34113
RealtyNet Real Estate, LLC
Attn: Cory Maile
1330 Forrest Court
Marco Island, FL 34145
- 18 -
US 411 SR 951 Developer Consortium
Participating M~mbers Location Map
Exhibit A
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Vanasse
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DevelQperConsortium
4001 TamiamiTraiIN,,#300
"'orIllIPholoOlolll:Jon7SXJ7
2,000 2,000
,~
Naples,FL34103 ~OoII",eo....,PA"""""'E._
......"""_'._'Ity"..""..._oo"""nod......,
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OR: 4408 PG: 2900
108
Exhibit "B"
LeGal Description for NaDles Reserve LLC
Section 1, Township 51 South, Range 26 East, Collier County, Florida
LeGal Description for ABC LiGuors Inc.
PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST
QUARTER OF SECTlON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER
COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY
FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W, ALONG THE NORTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD
951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY
RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 54
DEGREES 20'16" E FOR A DISTANCE OF 439 .95FEET; THENCE RUN S35
DEGREES 39'44"W FOR A DISTANCE OF 190.00 FEET; THENCE RUN N 54
DEGREES 20'16" W FOR A DISTANCE OF 151.29 FEET THENCE RUN N 02
DEGREES 12'01" E FOR A DISTANCE OF 24.75 FEET; THENCE RUN N 54
DEGREES 33'42" W FOR A DISTANCE OF 20LlO FEET; THENCE RUN N 35
DEGREES 40'36"E FOR A DISTANCE OF 18.22 FEET; THENCE RUN N 54
DEGREES 19'24" W FOR A DISTANCE OF 73.95 FEET TO A POINT ON SAID
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951; THENCE RUN N 35
DEGREES 40'08" E, ALONG SAID EASTERLY RIGHT OF WAY FOR A DISTANCE
OF 148.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
DESCRIBED HEREIN.
Exhibit B
OR: 4408 PG: 2901
lOB
Legal Description for KRG 951 ... 41 LLC
A PARCEL OF LAND LOCATED IN SECfION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNlY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACf "0.5.-3" OF TRAIL RIDGE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT
PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNlY,
FLORIDA; THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH LINE OF
SAID TRACf "0.5.-3", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST
CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES
2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNlY,
FLORIDA: THENCE RUN SOUTH 04009'46" WEST, ALONG THE WEST LINE OF .
SAID LANDS FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOUTH 02028'03"
WEST, ALONG SAID LANDS FOR A DISTANCE OF 36.59 FEET TO THE
NORTHERL YMOSlWESTERL Y CORNER OF TRACf "C" OF SAID TRAIL RIDGE;
THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTERLY LINE OF SAID
TRACf "C", FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90000'00"
WEST, ALONG THE NORTHERLY LINE OF SAID TRACf "C", FOR A DISTANCE OF
100.09 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD
#951 (RIGHT-OF-WAY VARIES); THENCE RUN NORTH 02030'29" EAST, ALONG
SAID EAST RIGHT-OF -WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE
RUN NORTH 04012'04" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A
DISTANCE OF 640.85 FEET; THENCE RUN SOUTH 89042'14" EAST FOR A
DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15042'49" WEST FOR A
DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35039'44" EAST FOR A
DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT-OF-WAY);
THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35039'44"
WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY LINE
OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER
COUNlY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE
NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
CONTAINING 24.575 ACRES, MORE OR LESS
OR: 4408 PG: 2902
Exhibit B
lOB
LeGal Description for Kite EaGle Creek II LLC
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, IN PART BEING LOTS 3 AND 4 OF CAPRI
COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND IN PART BEING
PORTIONS OF TRACTS M-1 AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE
CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER"
AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 AND THE
NORTHWESTERLY CORNER OF "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"
AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT
RUN SOUTH 35039'28" WEST ALONG THE WESTERLY LINE OF SAID "CAPRI
COMMERCIAL CENTER" AND "LOT 2 CAPRI COMMERCIAL CENTER REPLAT", A
DISTANCE OF 272.94 FEET TO THE SOUTHWESTERLY CORNER OF SAID "LOT 2
CAPRI COMMERCIAL CENTER REPLAT'; THENCE RUN SOUTH 54020'32" EAST
ALONG THE SOUTHERLY LINE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER
REPLAT', A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF
SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN NORTH
35039'28" EAST ALONG THE EASTERLY LINE OF SAID "LOT 2 CAPRI
COMMERCIAL CENTER REPLAT", A DISTANCE OF 23.00 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF LOT 1 OF SAID "CAPRI
COMMERCIAL CENTER"; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 1; THENCE RUN NORTH 35039'28" EAST ALONG THE EAST LINE
OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31038'24"
EAST ALONG SAID EAST LINE, A DISTANCE OF 43.40 FEET TO AN
INTERSECTION WITH THE WEST LINE OF LOT 5 OF SAID "CAPRI COMMERCIAL
CENTER"; THENCE RUN SOUTH 04013'24" WEST ALONG SAID WEST LINE, A
DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF
SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 87029'51" EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 0.19 FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 951, COLLIER
BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG
OR: 4408 PG: 2903
SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH 108
LINE OF THE PROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE
792; THENCE RUN NORTH 85002'55" WEST ALONG SAID NORTH LINE, A
DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LINE
OF THE PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE
260 OF SAID PUBLIC RECORDS OF COLLIER COUNIY, FLORIDA; THENCE RUN
SOUTH 04057'05" WEST ALONG SAID BOUNDARY LINE AND THE WEST LINE OF
SAID PROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A
DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERlY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERlY DESCRIBED IN
OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET;
THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY LINE OF THE
PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHWESTERLY LINE OF SAID PROPERlY DESCRIBED IN OFFICIAL
RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT
OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERlY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID
SOUTHWESTERLY LINE OF THE PROPERlY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, SAID CURVE BEING CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 33010'23" AND A
CHORD BEARING AND DISTANCE OF SOUTH 70055'44" EAST, 28.55 FEET,
RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 28.95 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 87030'55" EAST ALONG SAID BOUNDARY LINE OF THE
PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHERLY LINE OF SAID PROPERlY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, AND ALONG THE SOUTH LINE OF THE PROPERlY
DESCRIBED BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
BOOK 2605, PAGE 3232 OF SAID PUBLIC RECORDS OF COLLIER COUNIY,
FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A
CURVE OF SAID BOUNDARY LINE OF THE PROPERlY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERlY DESCRIBED
BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605,
PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS
OF 50.00 FEET, A CENTRAL ANGLE OF 12059'48" AND A CHORD BEARING AND
DISTANCE OF NORTH 85059'11" EAST, 11.32 FEET, RESPECTIVELY; THENCE
RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN
INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD
951, COLLIER BOULEVARD; THENCE RUN SOUTH 04057'05" WEST ALONG SAID
WESTERLY RIGHT-OF-WAY LINE AND SAID BOUNDARY LINE OF THE PROPERlY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
75.88 FEET TO A POINT ON A CURVE BEING CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 22008'22" AND A
OR: 4408 PG: 2904
CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET,
RESPECTIVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE RUN
WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC
DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 62.00 FEET, A
CENTRAL ANGLE OF 21053'50" AND A CHORD BEARING AND DISTANCE OF
NORTH 65017'26" WEST, 23.55 FEET, RESPECTIVELY; THENCE RUN WESTERLY
ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE
OF 23.70 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
NORTH 54020'32" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
236.49 FEET; THENCE RUN SOUTH 02029'06" WEST ALONG SAID BOUNDARY
LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344,
PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF
"CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT" AS RECORDED IN PLAT
BOOK 28, PAGES 72 THROUGH 74 OF SAID PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 54020'32" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND THE NORTHEASTERLY LINE OF SAID "CRYSTAL
LAKE TERRACES AT EAGLE CREEK REPLAT', A DISTANCE OF 1052.44 FEET;
THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE
RUN NORTH 80000'15" EAST, A DISTANCE OF 63.72 FEET; THENCE RUN NORTH
35039'28" EAST, A DISTANCE OF 260.11 FEET; THENCE RUN SOUTH 54020'32"
EAST, A DISTANCE OF 33.46 FEET; THENCE RUN NORTH 35039'28" EAST, A
DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE
OF 26.69 FEET; THENCE RUN NORTH 35044'42" EAST, A DISTANCE OF 34.06
FEET TO AN INTERSECTION WITH SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
OF U.S. HIGHWAY NO. 41; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 374.76 FEET TO THE
SAID POINT OF BEGINNING.
CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR
LESS.
lOB
OR: 4408 PG: 2905
Exhibit B
lOB
LeGal Description for KRG EaGle Creek IV LLC
BEING A PART OF THE NORTHWEST V4 OF SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION)
ALL THAT PART OF SAID SECTION 3, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE EASTERL YMOST CORNER OF THE PLAT
OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25,
PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMI
TRAIL (U.s. 41) SOUTH 54020'32" EAST 185.50 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH
54020'32" EAST 193.09 FEET; THENCE LEAVING SAID LINE SOUTH 35039'28"
WEST 123.00 FEET; THENCE NORTH 54020'32" WEST 193.09 FEET; THENCE
NORTH 35039'28" EAST 123.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.55 ACRES MORE OR LESS, BEING 23,749 SQUARE FEET MORE
OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EASTERLY LINE OF SAID PLAT OF THE SHOPS
AT EAGLE CREEK, UNIT ONE, BEING SOUTH 54020'32" EAST.
LeGal Description for Real~Net Real Estate LLC
PIN number 00726724107
Legal
35126 COMM AT NE CNR TR M-l, N87DEG W 248.62Fr, N02DEG E 271.35Fr,
N02DEG E 35.84Fr, S54DEG E 236.49Fr, ELY 23.70Fr, ALG ARC OF CURVE 21T
OF REVERSE CURVE, EL Y 38.64Fr, S04DEG W 154.42Fr TO POB.
OR: 4408 PG: 2906
Exhibit B
lOB
LeGal Description for NBC RV. LLC
PARCEL -f"
LEGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S.
41, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENONG AT A POINT. SAID PO/NT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 5 1 SOUTH, RANGE 27 EAST.
COLLIER COUN TY FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S.
41,THENCE N.00032'17" E. A DISTANCE OF 704.02 ALONG THE EAST LINE OF
SAID SECTION 18, TO THE POINT OF BEGINNING THENCE N.89026'36"W, A
DISTANCE OF 303.51 FEET TO THE EAST RIGHT-OF- WAY OF BASIK ROAD.;
THENCE N.00033 '23 "E., A DISTANCE OF 75.86 FEET TO THE POINT OF
CURVATURE OF A CURVE: TO THE LEFT. HAVING: A RADIUS OF 360.00 FEET, A
CENTRAL ANGLE OF 30006'49", A CHORD BEARING OF N.14030'01'W AND A
CHORD LENGTH OF 187.0 4 FEET; THENCE ,ALONG THE ARC OF SAID CURVE:,
AN ARC LENGTH OF 189.21 FEET TO THE POINT OF TANGENCY OF SAID
CURVE:; THENCE N.29033"26 "W., A DISTANCE OF 50.76 FEET TO A POINT ON
A CURVE: TO THE RIGHT. HAVING A RADIUS OF 40.00 FEET. A CENTRAL
ANGLE OF 24020'01, A CHORD BEARING OF N.17023"27"W AND A CHORD
LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC
LENGTH OF 16.99 FEET TO THE POINT. OF REVERSE CURVATURE OF A CURVE:
TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET. A CENTRAL ANGLE OF
111049'11", A CHORD BEARING OF N.61007'11"W. AND A CHORD LENGTH of
82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF
97.58 FEET TO THE END OF SAID CURVE:; THENCE N.00030'21"E.. A DISTANCE
OF 2203.66 FEET, THENCE S.88015'58"E., A DISTANCE OF 456.89 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 18; THENCE S.00032'17"W, A
DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 25.7 ACRES, MORE OR LESS.
OR: 4408 PG: 2907
LESS THE FOLLOWING:
LEGAL DESCRIPTION
lOB
(A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EA5 T 1/2 OF THE EAST 1/2 OF THE EAST
1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF
U.s. 4 1, COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT. SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST.
COLLIER COUNTY. FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s. 41;
THENCE N. 00'32.17 E., ALONG SAID EAST LINE OF SECTION 18,704.02 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
N. 8976'36" W" 303.51 FEET; THENCE N. 00'33'23 " E., 15.00 FEET; THENCE S.
89'26 '36" E., 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED
SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE S. 00'32'17" W
ALONG SAID EAST SECTION LINE, 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,553 SOUARE FEET, MORE OF LESS,
BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING N. 00'32 '17" E.
TOTAL ACREAGE: 25.6 ACRES, MORE OR LESS
OR: 4408 PG: 2908
108
Exhibit B
LeGal Descriptions for NBC Land HoldinGs. LLC
LEGAL DESCRIPTION
PARCEL "1"
BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27
EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY
FLORIDA. THENCE NORTH 88004'41" WEST ALONG THE NORTH
LINE OF SAID SECTION A DISTANCE OF 657.48 FEET TO THE
POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48"
WEST A DISTANCE OF 968.59 FEET; THENCE NORTH 88008'57" WEST A
DISTANCE OF 328.61 FEET; THENCE NORTH 00029'24" EAST A
DISTANCE OF 969.00 FEET TO THE INTERSECTION WITH SAID
NORTH LINE OF SECTION THENCE SOUTH 88004'41" EAST ALONG
SAID SECTION LINE A DISTANCE OF 328.74 FEET TO THE POINT OF
BEGINNING OF SAID HEREIN DESCRIBED PARCEL
CONTAINING 7.3 ACRES MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS BASED ON THE NORTH LINE OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, AS BEING NORTH 88004'41" WEST.
*lndustrial/AG Parcel
LEGAL DESCRIPTION
NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B
A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH
00032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
OR: 4408 PG: 2909
lOB
681.42 FEET; THENCE NORTH 88016'01" WEST, A DISTANCE OF 456.89 FEET;
THENCE SOUTH 00030'21" WEST, A DISTANCE OF 995.72 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE SOUTH 00030'21" WEST, A DISTANCE OF 603.18 FEET; THENCE
NORTH 89029'39" WEST, A DISTANCE OF 200.00 FEET THENCE NORTH
00030'21" EAST, A DISTANCE OF 603.18 FEET; THENCE SOUTH 89029'39" EAST,
A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 120,636 SQUARE FEET OR 2.77 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS BASED ON THE EAST LINE SECTION 18, TOWNNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNlY, FLORIDA, AS BEING SOUTH 00'32 '17
WEST.
*/ndustrial Parcel
AND
LEGAL DESCRIPTION
PARCEL 'E'
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SECTION 18, TOWNSHIP 51 SOUTH. RANGE 27 EAST, LYING NORTH OF U.s.
41, COLLIER COUNlY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNlY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s. 41,
THENCE N.00032 'l7"E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF
SAID SECTION 18, THENCE N.89026'36"W. A DISTANCE OF 303.51 FEET TO
THE EAST .RIGHT-OF-WAY OF BASIK ROAD.; THENCE NOo033'23"E. A
DISTANCE OF 75.86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE
LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49", A
CHORD BEARING OF N.14030'01"W. AND A CHORD LENGTH OF 187.04 FEET;
THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26"W., A
DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A
RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 24070'0", A CHORD BEARING OF
N.17023"27"W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE
ARC OF SAID CURVE. AN ARC LENGTH OF 16.99 FEET TO THE POINT OF
OR: 4408 PG: 2910
REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 lOB
FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'11'W.
AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID
CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE
N.00030'21"E., A DISTANCE OF 7.96 FEET; THENCE N. 00030 21"E., A
DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE
N.89029'39"W. A DISTANCE OF 200.00 FEET; THENCE N.00030 21" E. A
DISTANCE OF 600.00 FEET; THENCE S. 88015'58"E. A DISTANCE OF 200.00
FEE, THENCE S. 00030'21"W A DISTANCE OF 595.72 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2.74 ACRES MORE OR LESS
*Industrial Parcel
LeGal Descriptions for Habitat for Humanitv of Collier County
Parcell:
Commencing at the Southeast corner of Section 12, Township 51 South, Range
26 East, Collier County Florida, thence along the East line of said Section 12,
North 00011'20" East 2743.15 feet to the East V4 corner of said Section 12;
thence continue along said East line of Section 12, North 00027'50" East 894.35
feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence
North 89056'55" West, 475.53 feet; thence North 00034'06" East, 490.97 feet;
thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97
feet to the Place of Beginning; being in the Southwest V4 of the Northeast V4 of
Section 12, Township 51 South, Range 26 East, Collier County Florida.
AND
Parcel 2;
Commencing at the Southeast corner of Section 12, Township 51 South, Range
26 East, Collier County, Florida, thence along the East line of said Section 12,
North 00011'20" East, 2743.15 feet to the East V4 corner of said Section 12;
thence continue along said East line of Section 12, on a bearing of North
00027'50" East, 894.35 feet to a set tack; thence run North 89056'55" West for
918.53 feet to a set iron pin with survey cap #LS 4273 which is the Point of
Beginning; thence run North 89056'55" West for 443.98 feet to the West line of
the Southeast V4 of the Northeast V4 of said Section 12 which is marked by a set
OR: 4408 PG: 2911
iron pin with Survey Cap #LS 4273; thence along said West line run North lOB
00034'06" East for 490.98 feet to the North line of the southeast 1f4 of the
Northeast 1f4 of said Section 12 which is marked by a iron pipe with Survey Cap
#LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to
a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for
490.08 feet to the Point of Beginning; being in the Southeast 1f4 of the Northeast
1f4 of Section 12, Township 51 South, Range 26 East Collier County Florida.
AND
Parcel 3:
TOGETHER WITH A Non-exclusive access easement for the benefit of Parcel 1
over and across the Southerly thirty (30) feet of the following described
property:
Commencing at the Southeast corner of Section 12, Township 51 south Range
26 East, Collier Count, Florida; thence along the East line of said Section 12,
North 00011'20" East, 2743.15 fee to the East 1f4 corner of said Section 12;
thence continue along said East line of Section 12, North 00027'50" East, 894.35
feet for a Place of Beginning; thence North 89056'55" West, 443.00 feet; thence
North 00034'06" East, 490.97 feet; thence South 89056'55" East, 443.00 feet to
the East line of sais Section 12; thence along said East line of Section 12 South
00027'50" West 490.97 feet to the Place of Beginning; Being in the Southeast
quarter of the Northeast quarter of Section 12, Township 51 South, Range 26
East, Collier County, Florida.
AND
File Number 1302-5-1164
The West 112 of the East '12 of the East 112 of the Northwest 1f4 of the Northeast
1f4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet
thereof, which is reserved for road purposes, and The East '12 of the East '12 of
the East V2 of the Northwest 1f4 of the Northeast 1f4 of Section 12, Township 51,
South, Range 26 East, excepting the North 30 feet thereof, which is reserved for
road purposes, of the Public Records of Collier County, Florida.
Exhibit B
OR: 4408 PG: 2912
lOB
LeGal Descriptions for TOUSA Homes Inc
REFLECTION LAKES AT NAPLES PHASE 3J
A PORTION OF TRACT RD-4, REFLECTION LAKES AT NAPLES UNIT II (PHASE
II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOllOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, THENCE RUN S.00035'I4"W., ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANCE OF 656.92 FEET; THENCE RUN N.89024'46"W.
FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-4; THENCE RUN N.00035'14"E., ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANCE OF 631.76 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE
RUN NORTHEASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-4 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
25.00 FEET, THROUGH A CENTRAL ANGLE OF 96018'37", SUBTENDED BY A
CHORD OF 37.25 FEET AT A BEARING OF N.48044'33"E., FOR A DISTANCE OF
42.02 FEET TO A POINT OF REVERSE CURVE; THENCE RUN EASTERLY,
ALONG THE BOUNDARY OF SAID TRACT RD-4 AND ALONG THE ARC OF
SAID CURVE TO THE lEFT, HAVING A RADIUS OF 430.00 FEET, THROUGH A
CENTRAL ANGLE OF 12059'11", SUBTENDED BY A CHORD OF 97.25 FEET AT
A BEARING OF S.89035'45"E., FOR A DISTANCE OF 97.46 FEET TO THE POINT
OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR lESS.
AND
OR: 4408 PG: 2913
REFLECTION LAKES AT NAPLES,
PHASE 3 MULTI-FAMILY PARCELS
lOB
TRACT MF-3 AND TRACT MF-4 OF REFLECTION LAKES AT NAPLES - UNIT II
(PHASE II & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
AND
REFLECTION LAKES AT NAPLES, PHASE 31
TRACT RD-S, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS
RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT RD-S, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN S.76044'SS"E., ALONG THE BOUNDARY OF SAID
TRACT RD-S, FOR A DISTANCE OF 67.88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN
EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-S AND ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2SS.00 FEET,
THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A CHORD OF
120.80 FEET AT A BEARING OF N.89032'S9"E., FOR A DISTANCE OF 121.96
FEET TO THE END OF SAID CURVE; THENCE RUN N.7soS0'S2"E., ALONG THE
BOUNDARY OF SAID TRACT RD-S, FOR A DISTANCE OF 212.7S FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-
S AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
S4S.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'37", SUBTENDED BY A
CHORD OF 92.89 FEET AT A BEARING OF N.80044'11"E.,
FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN
S.04022'31"E., ALONG THE BOUNDARY OF SAID TRACT RD-S, FOR A
DISTANCE OF 12S.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS 5.04022'31 "E., A
DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-S AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A
CENTRAL ANGLE OF 09046'37", SUBTENDED BY A CHORD OF 71.S8 FEET AT
A BEARING OF 5.80044'11 "W., FOR A DISTANCE OF 71.67 FEET TO THE END
OF SAID CURVE; THENCE RUN S.75050'52"W., ALONG THE BOUNDARY OF
SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE
RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
380.00 FEET, THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A
CHORD OF 180.02 FEET AT A BEARING OF S.89032'59"W., FOR A DISTANCE OF
181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76044'55"W.,
ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 67.88
FEET; THENCE RUN N.13015'05"E., ALONG THE BOUNDARY OF SAID TRACT
RD-5, FOR A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 1.477 ACRES, MORE OR LESS.
OR: 4408 PG: 2914
lOB
TOGETHER WITH
A PORTION OF TRACT RD-3, REFLECTION LAKES AT NAPLES UNIT II
(PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT RD-3, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN N.43015'07"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 157.50 FEET; THENCE RUN S.76044'55"E.,
ALONG THE BOUNDARY OF SAID TRACT RD-3, FOR A DISTANCE OF 19.00
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY, ALONG THE
BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 77020'09", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING
OF 5.38004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID
CURVE; THENCE RUN S.00035'14"W., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77009'49"W.
FOR A DISTANCE OF 134.56 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE WEST, FROM WHICH THE RADIUS POINT BEARS N.64032'14"W., A
DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A
CENTRAL ANGLE OF 24052'32", SUBTENDED BY A CHORD OF 30.15 FEET AT
A BEARING OF N.13001 '30"E., FOR A DISTANCE OF 30.39 FEET TO THE END OF
SAID CURVE; THENCE RUN N.00035'14"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A
OR: 4408 PG: 2915
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN
NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD-3 AND ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET,
THROUGH A CENTRAL ANGLE OF 44010'27", SUBTENDED BY A CHORD OF
52.64 FEET AT A BEARING OF N.21 030'00"W., FOR A DISTANCE OF 53.97 FEET
TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR
LESS.
lOB
OR: 4408 PG: 291610 B
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EXHIBIT D
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE LEDGER
lOB
Sample Impact fee ledger
I Beginning Balance 1*
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beainnina Balance *
-Each Developer shall receive Road Impact Fee Credits as set forth in attached Exhibit "c"
.......
/1i,rr *!'a.. n en.
ORIGINAL DOCUJ.\llENTS CHECKLIST & ROUTING SLIP
.. TO ACCO:MPANY ALL. ORIGINAL DOCUMENTS SENT TO
TEE BOARD OF COUNTY COMl\1ISSIONERS OFFlCE FOR SIGNATURE
Prim 011 pink paper. Aaad11ll original ~~..., Original A.,....~..... 3IIouId bo IIIIId d.elivcn:d. III dle B08l1i OtIicc. 'lhcomplA:t<d routing slip and originAl
A~..... _Ill boli:lrwuded.lll dle BOOIdOflicc cmlygt!laBoudhas Cll:mactioa.OI1 dle i-.) . .. ..
. ROUTING SLIP .,
.Camp/ora lOlIdq IiDa Illbzau&h #4 as ~ tbr addili=al ';11"'-. dal=, mdfcr iafcmw:l0l1lle<ded.1! dle A~..., is IlhcIdy campleo: wilh dle
dOll ofdle............., . dnwlIil1olbrou IlllIIiD Iil1os#llbrou #4, /ora dle c:becldUt; md fbr.wrd IDS~1ibol1 (Iil10115).
Route to Addressee(s) . Office Initials Date
. in"",. ardor). .;.." _ ,
L
10~
...
----'
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clcrlc of Court's Office
PRIMARY CONTACT' INFORMATION
(lb.o primlIry _ is dle _ o( dle aricDW A.....~...' pOlldillI Bee appravuJ. NOlmlIJIy dle primary CCll_ is tho poDOll wbo ~orod tho ..ocutivo
suzamary. Primory CCIl"""_OI1 is ooodod iD dle ...",... 0( tho addross... :lbove. inclodiDg Suo nhon. oood ID "-""""" staff!br oddiliaW or miuinl
~ All oriIi=I ~--.. oooding tho Bce OWzmoa', up....:110 '" be doUVORd ID dle Bce 0/11= OIlly after tho Bee has == Ill_ tho
hem..) .
Name of Primary Stiff C.- Phone Number
Contact cf1..:[ ;l - 891
Agenda Dace Iwn wu Agenda Item Number
ved b theBCC 10 E.
T~ofD~t N~ofOri~ I
Attached Documents AltlIChed
INSTRUCTIONS & CHECKLIST
Iai.tiaJ. the Yos column or mark "'NJ A" in tbe Noe Applicable column. whichever i.s
Yes N/A(Noe
(Initial) licable)
1.. Original cIocumem has boon sigDcdfmidaIod 1ilr Iogal stiflicioncy. (All documoms to be
signed by the, Chairman, with lho OXCOPQoIl of most Iottors;, mllSl: be reviewed and signed
!iy the Office of the County A1:rt::1mey. Thl5 iIlcIudos signature pages from ordinaxJces.
resolutions, ece.. signed by cbo County A1:rt::1mey's 0fIic0 and signature pages from
con=. ag:reomoms, occ.. that bave boon fully .x,....,....n by all parties excepe the BCe
0Wrman lI1ld CIork to cbo Board and I Stale Officials.
2. Alllwldwritton.sttiko-tbIOngh and revisions have boon initialed by the County Al:rrJrrJe.y.'s tJ 11\
Office and all other arties cbo BCC Cb.aitman and the Clerk to the BoUd
3. Tho n.'n-.r.n's signature line cIato has boon OlItorcd as cbo date ofBCC approval of the
cIocumem or the final no tiatcd contr3CC cIato whichever i.s lic:abl..
4. "Sign here" tabs are placed 011 tho appropriate pages indicating whore the Chairman's
si' lI1ld initials are '
S. In most cases (some COIIttlldS aro an =pQon), tho original do=t and this routing slip ...
should be provided to Suo Filson in tho BCC office within 24 boon of BCe approval.
Some nor>="'UCS are time sensitive and roqui:ro 'forwarding to T.n. h..... within a corcain
time frame or the BCC's acriollS are nullified. Be aware of our n..,iHnes!
6. The doCUJllOllt was approved by the Bee an L I (enter date) and aU r".n"~
made during the moellDl have been incorporated in the attached doc:mnent. The
Conn Attorn s Offico bas reviewed tho if a Deahl..
~:-!=Cc~~:-~~~9.~'Ro~~~~\~~~O'~ -p~
MEMORANDUM
DATE:
December 5, 2008
TO:
Cindy Erb, Sr. Property Acquisition Specialist
Real Estate Services Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
RE:
Agreement for Sale & Purchase (Pepper Ranch)
Enclosed please find two (2) originals of the above referenced document
(Agenda Item #lOE), adopted by the Board of County Commissioners
on Tuesday, November 18, 2008.
The Minutes and Records Department has retained an original for the
Board's Official Records
If you should have any questions, please contact the Minutes and
Records Department at 252-8411.
Thank you.
Enclosure
lOr
t...
RlCHARD C, GRANT
Board Certified Real Estate Attorney
lOr
GRANT, FRIDKIN, PEARSON, ATHAN & CROWN, P.A.
5551 Ridgewood Drive, Suite 501
Naples, Florida 34108-2719
Tel 239.514.1000
Fax 239,514.0377
www.gfpac.com
ATTO~NEYS AT LAW
239.51 4.1 000 Ext 2002
rgrant@gfpac.com
Via hand delivery
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November 26, 2008
Jeffrey A Klatzkow, Esq,
Collier County Attorney
3301 E, Tamiami Trail, 8th Floor
Naples, FL 34112
Re: Pepper Ranch
Dear Jeff:
Enclosed are three copies of the contract on the above in the form last sent to us by
Jennifer Belpedio executed by the seller, Please have the Chairman of the Board of County
Comissioners execute these and return our fully executed copy to me,
I will have draft closing documents provided to Jennifer for review in the next 7 to 10
days,
Very truly yours,
~
Richard C, Grant
ReG/trf
cc: Jennifer Belpedio, Esq,
Mr. Thomas Taylor
Mr. Chris Allen
CONSERVATION COLLIER
Tax Identification Numbers: 00052360002, 00052440003, 0052640007, 00052680009, 00052960004,
00053000002,00053200006,00053840000,00053920001&00054040003
lOE
, Prepared by:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between LAKE TRAFFORD
RANCH lllP, a Florida limited liability limited partnership, by its undersigned General
Partners, whose address is 481 Carica Road, Naples, FL 34108, (hereinafter referred
to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assign, whose address is 3301 Tamiami Trail East, Naples, FL 34112,
(hereinafter referred to as "County" or as "Purchaser"),
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing that portion of the Property herein
described, subject to the conditions and other agreements hereinafter set forth, and
Seller is agreeable to such sale and to such conditions and agreements,
WHEREAS, in accordance with the approved Conservation Collier Purchasing Policy,
the purchase price of $32,525,080.02 is based on the average of two independent,
state-certified general real estate appraisers, one giving a value of $34,000,000
(Calloway and Price, Inc.) and the other at $32,400,000 (Anderson and Carr, Inc.) less
a voluntary reduction in price by the Seller of $674,919.98.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1,01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A" except for the subsurface portion
thereof and the rights appurtenant thereto described in Paragraph 1.02 below,
1.02 Seller shall retain, shall not sell or convey to the Purchaser, and the deed(s)
of conveyance will reserve the oil, gas, mineral and other subsurface rights below
a depth of one hundred fifty (150) feet beneath the portion of the Property, as
described in Exhibit "B" including all rights, benefits, and revenue to which the
landlord under the leases listed on Exhibit "E" is entitled together with a right of
entry to explore and extract the oil, gas and minerals, Seller shall be concurrently
granted an Access Easement by Purchaser over the area graphically shown on
Exhibit "C" at closing, Seller will have a legal description and sketch of the area
over which the Access Easement is to be granted prepared at their expense,
Seller shall also retain and shall not sell or convey to the Purchaser stewardship
sending area credits established pursuant to the existing Stewardship Easement
Agreement by and between Seller and County, recorded in Official Records Book
4089, at Page 3837, of the Public Records of Collier County, Florida.
It is acknowledged that the Property has the potential to, or may, generate
additional stewardship credits under the Collier County Rural Lands Stewardship
program, as well as credits for wetlands mitigation, panther habitat, and other
~
IDE
credits as may be available under other governmental regulatory programs, Any
and all such additional or potential credits belong to the Property and the right to
develop or establish them shall pass to the Purchaser as part of the sale,
1.03 Seller shall have the option at closing hereunder, to enter into a Cattle Lease
with Purchaser whereby Seller will lease back a portion of the Property for grazing
cattle thereon, If the Seller does not elect to enter into a Cattle Lease at closing,
Seller will have ninety (90) days after closing to make arrangements to remove
the existing cattle during which 90 day period they shall remain~ The form of
lease and its terms are attached as Exhibit D, This option must be exercised at
closing.
II. PAYMENT OF PURCHASE PRICE
2,01 The purchase price (the "Purchase Price") for the Property shall be THIRTY
TWO MILLION, FIVE HUNDRED TWENTY FIVE THOUSAND EIGHTY
DOLLARS AND 02/100 ($32,525,080.02) (U,S, Currency) payable at time of
closing. Buyer acknowledges that Seller will be treating the amount of the
voluntary reduction in price referred to in the third whereas clause of this contract
as a bargain sale and reporting it as a charitable deduction for federal income tax
purposes. Buyer agrees that it will execute such written statements or
confirmations as are requested by Seller that may include completion of required
forms and provide such information to Seller each as is required under applicable
provisions of the Internal Revenue Code of 1986 as amended including but not
limited to Section 170(f)(8) and implementing regulations,
2.02 At Closing, pursuant to Paragraph 6,017 below, Purchaser shall deposit a
portion of the Purchase Price in the amount of Three Hundred Eighty Eight
Thousand Two Hundred Fifty Dollars ($388,250) in a segregated or dedicated
interest bearing escrow account to be maintained and held by Stewart Title
Guaranty Company formerly known as Midwest Title Company, pending
completion of the work described in Paragraphs 6,012,6.013 and 6,015 within this
Agreement. The terms under which this sum will be held and retained will be as
provided in Paragraph 6 of this Agreement. As Seller completes said work,
County will cause the escrow agent to release the retained amount to the Seller,
inclusive of the earned interest as provided in Paragraph 6.
In the event the Seller fails to complete the work described in Paragraphs 6.012,
6.013 and 6,015 by the established date(s) as set out within this Agreement for
any reason, the County will retain the money so withheld and the Seller and
Purchaser shall have no further obligation to one another as to the work described
in Paragraphs 6,012,6,013 and 6,015 under this Agreement.
III. CLOSING
3,01 Subject to the conditions precedent provided herein, the Closing (THE
"CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction
shall be held on or before December 31, 2008 by the Purchaser and Seller.
Nothwithstanding anything to the contrary in this Agreement, in no event will the
closing be delayed beyond December 31, 2008 by reason of times allowed for
Seller to remediate or cure any survey. Any time provided for herein is for the
benefit of Seller who may elect to avail itself of such times frames as are provided
for and to extend the closing accordingly, but Seller is not required to allow them to
extend the closing beyond December 31, 2008. Nothing requires that the
Purchaser accept title or the conditions reflected in any survey if they are other
than as required hereby. If the title or survey are not in the condition required, and
Seller is unwilling to extend the closing beyond December 31, 2008 to effect
remedial measures, the Purchaser is not required to close and neither party will be
further obligated under this Agreement. The Closing shall be held at the Collier
County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida, The procedure to be followed by the parties in connection with
the Closing shall be as follows:
2
lOr:
-
3,011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications except as described below,
3,0111 Warranty Deed(s) in favor of Purchaser conveying title to the
Property, containing the reservations set forth in paragraph 1,02, free
and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) The Permitted Encumbrances as shown on Exhibit "E".
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3,0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3,0121 Purchaser shall pay the Purchase Price less the sum to be
withheld and retained pursuant to paragraph 2.02 by wire transfer into
Seller's designated account with immediately available funds on the
Closing Date, No funds shall be disbursed to Seller, nor will the closing
take place, until either the Purchaser's Real Property Management staff
verifies that the state of the title to the Property has not changed
adversely since the date of the last endorsement to the commitment,
referenced in Paragraph 4,011 thereto or alternatively the County's Title
Company endorses its commitment to irrevocably commit to issue the
Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed(s).
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth,
3,02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed(s), in accordance with Chapter
201,01, Florida Statutes, and the cost of recording any instruments necessary to
clear Seller's title to the Property. The cost of the Owner's Form B Title Policy,
issued pursuant to the Commitment provided for in Paragraph 4.011 below, shall
be paid by Purchaser. The cost of the title commitment shall also be paid by
Purchaser.
3,03 Purchaser shall pay for the cost of recording the Warranty Deed(s). Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage,
3,04 Purchaser shall grant an Access Easement as specified in Paragraph 1.02.
Seller to provide legal description and sketch for the Access Easement at its
expense, Seller to pay the cost of recording the Access Easement.
IV, REQUIREMENTS AND CONDITIONS
3
IDE
4,01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4,011 Purchaser has obtain as evidence of title an AL TA Commitment for an
Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property,
together with hard copies of all exceptions shown thereon, In addition to
Purchaser's rights in paragraph 4.013 below to notify Seller of title defects or
objections based on a survey, Purchaser shall have until December 15, 2008
to notify Seller in writing if the title commitment contains exceptions for
matters that are not Permitted Encumbrances, that title is unmarketable, or
the title commitment requires corrective action to be taken to make the title
marketable, Seller shall have the right to cure such matters as provided in
Paragraph 4,012 below and shall be obligated to cure, or permit payment of,
any voluntarily created liens encumbering the Property at closing.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement,
the title shall be deemed acceptable. Upon notification of Purchaser's
objection to title, Seller shall have fifteen (15) days to remedy any such
objections or defects in order to convey good and marketable title and Seller
shall use its best efforts to do so in order to make title good and marketable,
However, Seller's best efforts do not require that it payor satisfy any
involuntarily created or suffered liens that it disputes, but Purchaser is not
required to accept such involuntarily created or suffered liens. Seller shall be
required to payor satisfy voluntarily created liens at closing, In the event
Seller is unable to cure said objections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said
fifteen (15) day period, may accept title as it then is, waiving any objection; or
Purchaser may terminate the Agreement or Purchaser and Seller may extend
the Agreement by mutual written agreement of the parties hereto. A failure
by Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
exceptions to title as shown in the title commitment
4.013 Seller has furnished an existing survey-of the Property to Purchaser.
On or before December 5, 2008, Seller shall provide an updated survey to
the Purchaser that is certified to both Collier County and to Stewart Title
Guaranty Company formerly known as Midwest Title Company, No
adjustments to the Purchase Price shall be made based upon any change to
the total acreage referenced in Exhibit "A," unless the difference in acreage
revealed by the survey exceeds 1 % of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that
an improvement located on the Property projects onto lands of others, or (c)
lack of legal access to a public roadway, the Purchaser shall notify the Seller
in writing of such encroachment, projection, or lack of legal access, [which
shall constitute objections title] and Seller shall have the option of curing said
encroachment or projection, or obtaining legal access to the Property from a
public roadway, within sixty (60) days of receipt of said written notice from
Purchaser. Purchaser shall have forty five (45) days after the effective date of
this Agreement to notify Seller of any such objections. Should Seller elect not
to or be unable to remove the encroachment, projection, or provide legal
access to the property within said sixty (60) day period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said
sixty (60) day period, may accept the Property as it then is, waiving any
objection to the encroachment, or projection, or lack of legal access, or
Purchaser may terminate the Agreement A failure by Purchaser to give such
written notice of termination within the time period provided herein shall be
4
lOE
deemed an election by Purchaser to accept the Property with the
encroachment, or projection, or lack of legal access,
V. INSPECTION AND CONTINGENCIES
5,01 On or before December 30, 2008 ("Inspection Period") Purchaser shall
determine through appropriate investigation that:
1, With the exception of the cattle dipping vat area and oil well area, the Property
is in compliance with all applicable State and Federal environmental laws and
the Property is free from any pollution or contamination,
2, The Property can be utilized for its intended use and purpose in the
Conservation Collier program,
5,02 If the foregoing conditions are not satisfied as provided for in Paragraph 5,01
then Purchaser may terminate this Agreement by written notice to the Seller prior
to December 30, 2008. Purchaser's failure to do so is a waiver of this termination
right. If Purchaser terminates this Agreement as a result of this provision then
Purchaser will deliver to Seller copies of all engineering, environmental, consulting
and soil reports it has obtained concerning the Property,
5,03 Purchaser and its agents, employees and servants shall, at their own risk
and expense, have the right to go upon the Property for the purpose of surveying
and conducting non-destructive site analyses, soil borings, and reasonably
necessary investigation. Purchaser shall, in performing such tests, use due
care. Seller shall be notified by Purchaser no less than twenty four (24) hours
prior to said inspection of the Property. Purchaser or Purchaser's agents shall
not conduct any inspection so as to cause damage to the Property, and
Purchaser shall restore the Property to its pre-inspection condition not later than
ten (10) days after any such damage occurs. This provision shall survive
termination of this Agreement.
VI SELLER RESPONSIBILITIES
6,01 Seller hereby agrees that it shall do the following:
6,011 This Paragraph has been intentionally deleted,
6,012 Within sixty (60) days after date of Closing, Seller shall, at its own cost
and expense, demolish and clear debris from all known structures on the
Property, except the lodge, caretaker house and pole barn on Property,
6,013 Within sixty (60) days after date of Closing, Seller shall, at its own cost
and expense, pump out, crush and fill all known septic tanks on the Property
in accordance with all applicable Collier County and State of Florida
requirements, except for those septic tanks serving the structures to be
retained on the Property.
6.014 Within sixty (60) days after date of Closing, Seller, at its expense shall
locate and place aboveground markers indicating the location of all remaining
known septic tanks, cesspools and water wells located on the Property,
6.015 Following the Closing, the Seller will continue the process in which
the Seller and the Purchaser have to date been engaged in order to evaluate,
and then remediate the contamination within an approximate 12 acre portion
of the Property located as shown on Exhibit F (the Cattle Vat Site) that was
the site of an old, but long ago discontinued, cattle dipping vat which contains
levels of concentration of arsenic above Florida Department of Environmental
Protection (FDEP) Cleanup Target Levels (CTLs), A Phase II evaluation has
been performed by HSA Environmental Consultants and Scientists, Inc.
(HSA) and a Site Assessment Report has been prepared by HSA In addition,
the Seller and Purchaser have met with HSA and FDEP to discuss a program
5
of remediation based on the HSA Site Assessment Report, Based on these
discussions, HSA is currently preparing a Remedial Action Plan (RAP) for
written approval by FDEP. The Seller will arrange and pay at its own cost
and expense for all actions as required by the RAP including but not limited to
the removal of the quantities of contaminated soil at levels of concentration
which require removal, its transportation to an acceptable disposal site and
the installation and maintenance of monitoring wells on the Cattle Vat Site for
a period of time as recommended in the RAP and approved by FDEP,
Purchaser shall accept FDEP approval standards as they relate to the RAP.
Once the monitoring shows the contamination plume is stable or shrinking
(pursuant to FAC, Ch 62-780), the Seller will have a continuing obligation to
assist Purchaser and work with FDEP to establish and implement institutional
and engineering controls over the Cattle Vat Site that are provided for by
applicable regulations. Any required restrictive covenants that must be
imposed on the title to the Cattle Vat Site must be provided by the Purchaser
as it will then be the owner thereof, The cost and expense of the preparation
of the legal description for the cattle vat site, removal and disposal of
contaminated soil, consultant fees to HSA, permit and application fees to any
agency, installation and maintaining of monitoring wells and all necessary
equipment and the cost of implementing any engineering and institutional
controls will be paid for from the funds to be deposited and retained in escrow
in accordance with Paragraph 2.02,
6,016 Notify the operator of the existing oil wells located on the Property of its
responsibility to bear the cost of remediation from any spills or contamination
that may result from its operations and of the requirement to maintain, keep
in force and effect, and provide an ongoing Spill Prevention Control and
Countermeasures Program or protocol and to comply with all applicable laws
and regulations governing its operations.
6.017 The portion of Seller's sales proceeds from the closing of the subject
transaction that are to be retained pursuant to paragraph 2,02 will be held
and released to Seller following performance of the work in Paragraphs 6.012
6.013 and 6,015. The amount allocated to the work in 6,012 is $14,750; the
amount allocated to the work in 6.013 is $13,500 and the amount allocated to
the work in 6,015 is $360,000, As each item of work in Paragraphs 6.012
and 6,013 is completed, the amount of money retained for it shall be released
to the Seller as follows: With respect to Paragraphs 6.012 and 6.013, Seller
shall advise Purchaser and escrow agent in writing when the activities
outlined in said Paragraphs have been completed and Purchaser may inspect
the Property and contact appropriate agencies to verify same within ten (10)
business days of receipt of Seller's notification. If Purchaser does not object
with specificity in writing within said ten (10) day period, the escrow agent
shall release to the Seller the sum from escrow pertaining to the applicable
item. If Purchaser objects, Purchaser shall notify Seller in writing of its
specific objection within said ten (10) day time period and Seller shall remedy
any specified defect, whereupon the applicable escrowed sum shall be
released to the Seller.
With respect to Paragraph 6,015 above, an independent third party
licensed professional shall be required to certify that said work has been
completed and escrow agent shall release the designated sum to the Seller. It is
agreed that HSA is an acceptable third party professional. If HSA's services are
terminated, then the Purchaser shall have the right to select and retain a substitute
third party professional at Sellers expense.
As the work under Paragraph 6.015 above is performed, percentage
progress payments of the sum held by the Purchaser pertaining to Paragraph
6,015 shall be made to Seller by the Purchaser so authorizing the escrow agent.
The amount and percentage will be determined based on certification by HSA
Upon completion of the work, and at such time that HSA certifies that the
6
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remediation under the Plan has been completed, any remaining sums held by
Purchaser shall be disbursed to the Seller by the escrow agent
The terms and provisions of this Section 6 shall survive closing.
VII. REMOVAL OF SOLID WASTE
7,01 No later than ten (10) days after Closing, Seller shall remove or cause to be
removed from the Property, at Seller's sole cost and expense, any and all personal
property and/or solid waste, trash, rubbish or any other unsightly or offensive
materials thereon, including, but not limited to, structures, any tanks and
Hazardous Materials in tanks, barrels and equipment, pipelines, or other
containers on the Property.
VIII. INSPECTION
8,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing,
IX, POSSESSION
9,01 Subject to the reservation in paragraph 1,02, and subject to a Cattle Lease
entered into as allowed in paragraph 1,03, Purchaser shall be entitled to full
possession of the Property at Closing,
X, PRORATIONS
10,01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2008 taxes, and shall be
paid by Seller.
XI. TERMINATION AND REMEDIES
11.01 In addition to any other rights Purchaser may have to terminate this
Agreement, if Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within thirty (30)
days after written notification of such failure, Purchaser may, at its option,
terminate this Agreement by giving written notice of termination to Seller.
Purchaser shall have the right to seek and enforce all rights and remedies
available at law or in equity to a contract vendee, including the right to seek
specific performance of this Agreement
11,02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon One Hundred Thousand Dollars
($100,000,00) shall be paid to Seller as liquidated damages which shall be
Seller's sole and exclusive remedy, and neither party shall have any further
liability or obligation to the other except as set forth in paragraph 14,01, (Real
Estate Brokers), hereof, The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
11,03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
7
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XII. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
12,01 Seller and Purchaser represent and warrant the following to each other:
12,011 Seller and Purchaser respectively, have full right and authority to
enter into and to execute this Agreement and to undertake all actions and to
perform all tasks required of each hereunder. Seller is not presently the
subject of a pending, threatened or contemplated bankruptcy proceeding,
12,012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby,
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary,
12,013 The warranties set forth in this Article XII shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed(s) to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
12,014 Seller represents to the best of its knowledge and belief that it has no
knowledge of any actions, suits, claims, proceedings, litigation or
investigations pending or threatened against Seller, at law, equity or in
arbitration before or by any federal, state, municipal or other governmental
instrumentality that relate to this agreement or any other property that could,
if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
12,015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
12,016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect and with the exception of the proposed oil and gas Leases
for the existing oil wells that are currently being negotiated and to be entered
into by Seller, pursuant to the oil, gas, and mineral estate to be reserved by
the Seller within the portion of the Property described in Exhibit "8", Seller
shall not encumber or convey any portion of the Property or any rights
therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property or any part thereof, without first obtaining
the written consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any reason
whatsoever.
12.017 Seller represents to the best of its knowledge and belief that there are
no incinerators on the Property; all waste, if any, is discharged into septic
tanks; Seller represents that it has no knowledge that any pollutants are or
have been discharged from the Property, directly or indirectly into any body of
water. Seller represents that to the best of its knowledge and belief, except
for arsenic and chemicals known to have been used in the abandoned cattle
dipping vat on the Property, and waste materials or spills from any of the oil
wells, the Property has not been used for the production, handling, storage,
transportation, manufacture or disposal of hazardous or toxic substances or
wastes, as such terms are defined in applicable laws and regulations, or any
other activity that would have toxic results, and no such hazardous or toxic
substances are currently used in connection with the operation of the
Property, and there is no proceeding or inquiry by any authority with respect
thereto. Seller represents that it has no knowledge that there is ground water
8
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contamination on the Property or potential of ground water contamination
from neighboring properties, Seller has no knowledge whether storage tanks
for gasoline or any other substances were located on the Property at any time
prior to Seller's ownership thereof. Seller represents that to its knowledge
none of the Property has been used as a sanitary landfill. This provision shall
survive the Closing.
12,018 Seller represents to the best of its knowledge and belief that it has no
knowledge that the Property and Seller's operations concerning the Property
are in violation of any applicable Federal, State or local statute, law or
regulation, or of any notice from any governmental body has been served
upon Seller claiming any violation of any law, ordinance, code or regulation or
requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to
comply with any laws, ordinances, codes or regulation with which Seller has
not complied, This provision shall survive the Closing,
12.019 Seller represents to the best of its knowledge and belief except for the
Stewardship Easement Agreement referred to in paragraph 1,02 or as
contained on Exhibit "E" that there are no unrecorded restrictions, easements
or rights of way (other than existing zoning regulations) that restrict or affect
the use of the Property, and there are no maintenance, construction,
advertising, management, leasing, employment, service or other contracts
affecting the Property,
12,020 Seller represents to the best of its knowledge and belief that there
are no known suits, actions or arbitration, bond issuances or proposals
therefore, proposals for public improvement assessments, pay-back
agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's
ability to perform hereunder; nor is there any other charge or expense upon
or related to the Property which has not been disclosed to Purchaser in
writing prior to the effective date of this Agreement This provision shall
survive the Closing,
12,021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of
the Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing, Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property other than those routinely entered into for the routine operation and
maintenance of the Property, Seller also agrees to notify Purchaser promptly
of any change in the facts contained in the foregOing representations and of
any notice or proposed change in the zoning, or any other action or notice,
that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property,
12.022 Seller shall not less than 10 business days before Closing, deliver to
Purchaser a statement (hereinafter called the "Closing Representative
Statement") reasserting the foregoing representations as of the Date of
Closing, The timely receipt of the Closing Representative Statement is a
condition precedent to Purchaser's obligation to close, If not provided then
Purchaser may terminate this Agreement, but only after first advising Seller in
writing that Purchaser has not timely received the Closing Representative
Statement and affording the Seller a period of ten (10) days in which to
provide it The closing shall be extended accordingly if necessary.
9
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12,023 Seller represents that it is not aware of any conditions On the Property
that would be in violation of, any federal, state, local or common law relating
to pollution or protection of the environment, including but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 U,S,C. Section 9601, et seq" ("CERCLA" or "Superfund"), which
was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986 ("SARA"), including any amendments or
successor in function to these acts or applicable Florida Statutes governing
hazardous or toxic waste, Purchaser acknowledges awareness of arsenic
and other chemicals in an old cattle dipping vat area and the presence of
petroleum spillage near the three oil wells. This provision and the rights of
Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title, This provision shall survive the Closing,
12.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense,
XIII. NOTICES
13.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
If to Seller:
With a Copy To:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real property Management
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-252-8991
Fax number: 239-252-8876
Thomas Taylor, General Partner
Lake Trafford Ranch, LLLP
481 Carica Road
Naples, FL 34108
Telephone number: 239-254-2000
Fax number: 239-254-2098
Christopher L Allen, General Partner
Lake Trafford Ranch, LLLP
555 Hickory Road
Naples, FL 34108
Telephone number: 239-566-1661
Fax number: 239-254-8825
Richard C. Grant, Esq.
Grant, Fridkin, Pearson, Athan & Crown, P.A.
5551 Ridgewood Drive, Suite 501
Naples, FL 34108-2719
Telephone number: 239-514-1000
Fax No,: 239-514-0377
13,02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
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addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XIV, REAL ESTATE BROKERS
14.01 Purchaser and Seller represent and warrant to each other that they have
not contacted a broker or salesman in connection with this transaction, Seller
hereby agrees to indemnify and hold Purchaser harmless from and against any
c1aims(s) of any other person(s) asserting a right to a commission in connection
with this transaction by virtue of dealing with the Seller. This provision shall
survive the Closing,
XV, MISCELLANEOUS
15,01 This Agreement may be executed in any number of counterparts which
together shall constitute the agreement of the parties.
15.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and assignees
whenever the context so requires or admits,
15,03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
15,04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof,
15,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
15,06 No waiver of any provision of this Agreement shall be effective unless it is in
writing, signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision,
15,07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
15,08 Seller is aware of and understands that the preparation and presentation of
this Agreement in unexecuted form to the Seller is not an "offer" from Purchaser
and this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida, whereupon it will become a legally
binding contract
15.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make and deliver at Closing a written public disclosure,
according to Chapter 286, Florida Statutes, under oath, of the name and address
of every person having a beneficial interest in the Property before the Property
held in such capacity is conveyed to Collier County, (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,)
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15,10 This Agreement is governed and construed in accordance with the laws of
the State of Florida,
15,11 Purchaser acknowledges and accepts the presence of three existing oil
wells and appurtenant equipment located on the portion of the Property subject to
the reservation in paragraph 1,02. Such wells shall continue to remain pursuant to
such reservation,
15,12 As used herein the terms "date of this Agreement", "effective date of this
Agreement", "date this Agreement is executed by Purchaser and Seller" or
similarly terms shall mean the date when the last of the parties has executed it
without changing anything executed previously by the other party as indicated by
the dates on the signature page of this Agreement
15,13 Any litigation arising out of this Agreement shall be litigated in State Court in
Collier County, Florida of competent jurisdiction,
XVI. ENTIRE AGREEMENT
16,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by BCC:_~ \<t. :"L...OO<t.
I
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT E. r3R9cK, Clerk
f'.~ (. r~~1
. \. ~'_:>o J~,:,..
o . (.1,
\.;.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~(
;'C.At t~st'~~tg',{>tTIW~~I~rk
5101ia.tyr,: on I .
an
12
AS TO SELLER:
DATED: '""5;\-' .:>C:~~ I ') ~ \ P~r-
WITNESSES:
~
(Signature)
'"R , c"", <i T-~ c:, G '" ~
(Print Name)
1~~~~
TQv-&. t=;=.1e.d ~
(Print Name)
~-----
(Signature)
\l~<'-,"'T-~ c: G~.....~
(Print Name)
(r~i-~
(Signature)
~Wu.- h-J-ed~
(Print Name)
Approved as to form and
legal sufficiency:
IDE l'
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
BY: ~. ~~
THOMAS M, TAYLOR, as General Partner
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
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Exhibit "A"
(Legal Description)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (EY:z) of the East Half (EY:z) of the Southwest
Quarter (SWY-.) of the Southeast Quarter (SEY-.) of Section 22, Township 46 South,
Range 28 East, Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SEY-.) of said Section 22 for a
distance of 1320,38 feet to the Point of Beginning of the parcel of land
herein described; thence continue S 88057'47" W, along the south line of
the Southeast Quarter (SEY-.) of said Section 22, for a distance of 330,09
feet; thence run N 00031 '18" W for a distance of 1342,51 feet; thence run
N 88058'31" E for a distance of 330,12 feet; thence run S 00031'14" E, for
a distance of 1342.44 feet to the Point of Beginning; containing 10,17
acres, more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeast Quarter (SEY-.) of the Southwest Quarter (SWY-.)
and the West Half (WY:z) of the Southwest Quarter (SWY-.) of the Southeast Quarter
(SEY-.) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88057'47" W, along
the south line of the Southeast Quarter (SEY-.) of said Section 22 for a
distance of 1980,56 to the Point of Beginning of the parcel of land herein
described; thence continue S 88057'47" W, along the south line of the
Southeast Quarter (SEY-.) of said Section 22, for a distance of 660.19 feet
to the South Quarter corner of said Section 22; thence run S 88059'47" W
along the south line of the southwest quarter of said Section 22, for a
distance of 1321,80 feet; thence run N 00038'44" W for a distance of
1342.51 feet; thence run N 88059'17" E, for a distance of 1324.63 feet;
thence run N 88058'31" E, for a distance of 660,24 feet; thence run S
00031'22" E for a distance of 1342,58 feet to the Point of Beginning;
containing 61,13 acres, more or less,
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SEY.) of the Southwest Quarter (SWY-.) of Section 26,
Township 46 South, Range 28 East, Collier County, Florida; containing 40.38 acres
more or less,
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida;
containing 645.47 acres more or less.
AND
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Property Tax Identification Number: 00053920001
The Northwest Quarter (NW14) of the Northeast Quarter (NE14) of the Northwest
Quarter (NW14) of Section 35, Township 46 South, Range 28 East, Collier County,
Florida; containing 10.09 acres more or less,
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
The West Half (WY:z) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, less the North 1451.35 feet thereof and less the
Southeast Quarter (SE14) of the Southwest Quarter (SW14) of said
Section 26, and less that parcel of land, as described and recorded in
Official Records Book 2585 at Page 2735 through 2737, owned by South
Florida Water Management District with Tax Folio Number 00052640007;
containing 185.91 acres, more or less,
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida;
containing 643,59 acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida;
containing 706,33 acres more or less.
AND
Property Tax Identification Numbers: 00053840000 & 00054040003
The East Half (EY:z) of the East Half (EY:z) of the Northwest Quarter (NW14); and the
Northeast Quarter (NE14), less the East 30 feet and the Northerly 30 feet for public road
right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as
Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of
Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE14) described in
Deed recorded in Official Records Book 1834, Page 216; also less the real property
described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in
Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and
in Official Records Book 289, Page 910; all of the Public Records of Collier County,
Florida;
AND
The Southwest Quarter (SW14) of the Northwest Quarter (NW14); and the West Half
(WY:z) of the Southeast Quarter (SE14) of the Northwest Quarter (NW14); and the
Southwest Quarter (SW14) of the Northeast Quarter (NE14) of the Northwest Quarter
(NW14); and the South Half (SY:z) of the Northwest Quarter (NW14) of the Northwest
Quarter (NW14); and the Northwest Quarter (NW14) of the Northwest Quarter (NW14) of
the Northwest Quarter (NW14); and the West Half (WY:z) of the Northeast Quarter (NE14)
of the Northwest Quarter (NW14) of the Northwest Quarter (NW14) of Section 35,
Township 46 South, Range 28 East, Collier County, Florida; containing 208.83 acres,
more or less,
The fore mentioned parcels equates to 2,511,90 acres, more or less,
15
EXHIBIT "B"
(Land over which Oil, Gas, and Mineral Estate
is to be Reserved By Seller)
Southwest Quarter (SW 11..) of Section 28, Township 46 South, Range 28 East, Collier
County, Florida;
AND
Northwest Quarter (NW 11..) of Section 33, Township 46 South, Range 28 East, Collier
County, Florida;
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EXHIBIT "e"
(Access Easement)
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;' i
An area over the Property located as depicted on the attached aerial photo graph that
will provide access from Pepper Road to the site of the land described in Exhibit B, The
area is currently improved with a lime rock road and the access route will follow the
road, A legal description of the road area and access route will be provided by Seller for
use in granting the access easement at closing,
17
EXHIBIT "0"
(Cattle Lease)
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4
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT enlered into Ihis _ day of , 2008,
between LAKE TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its
undersigned General Partners, whose address is 481 Carica Road, Naples, Florida 34108, hereinafter
referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Easl Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"LESSOR".
WITNESSETH
In consideration of the mulual covenants conlained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE l.
Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand
Twelve point One (2,012,1) acres of property described in Exhibit "A," which is attached hereto and
made a part of this Lease, hereinafter called the "Demised Premises," situated in the County of Collier
and Ihe State of Florida, for the sole purpose of cattle grazing and incidental aClivities thaI are directly
related to beef cattle production..
All animal husbandry principles and practices applicable to the property and efficienl use of
grazing resources shall be followed al all times. The LESSEE shall be responsible for the eSlablishment
and implementation of sound grazing practices based on the best management guidelines of the u.S.
Department of Agriculture's National Resources Conservation Service,
Consislent with its slatus as a lenant the LESSEE will have exclusive use and possession of the
Demised Premises, however, the LESSOR may, as specified below: (i) alter its boundaries and/or (ii)
make use of portions of il for hunting, public access, and other aclivities consistent with the Conservation
Collier program, as described below in this Article I and in Article 16(e) and (t), LESSOR'S use shall
not, however, interfere with LESSEE'S pennitted use of the Demised Premises, nor cause LESSEE'S
use, as pennitted, nor expose LESSEE to liability to third parties based on Ihe use that LESSOR is
pennitted to make of the Demises Premises.
This LEASE AGREEMENT may be amended from time-to-time in order to change Ihe size of the
Demised Premises as necessary 10 accomplish the goals, policies, and objectives of the Conservation
Collier Implementation Ordinance (Ordinance 02-63, as amended), LESSOR'S represenlative (e,g., Real
Estate Services Slaft) shall advise LESSEE, in wriling, of ils intent to recommend that LESSOR amend
Ihis LEASE AGREEMENT. Any Such change shall only be effeclive not less than ninety (90) days after
it is executed by Ihe Board of County Commissioners
ARTICLE 2,
Tenn of Lease
LESSEE shall have and hold the Demised Premises for a tenn oflhree (3) years, commencing on
the date LESSOR executes this Lease, LESSEE is granted the option, provided LESSEE is not in default
of any of the tenns of this Lease, to renew same for two (2) additional tenns of one (I) year, under the
same tenns and condilions, except as to the renlal amounl, as provided herein, by giving written nolice of
LESSEE'S intenlion to do so 10 the LESSOR not less than thirty (30) days prior to Ihe expiration of the
leasehold estate hereby created, LESSOR reserves the right to deny LESSEE, in writing, of any renewal
lenn, Said notice shall be effective upon placemenl of the notice in an official depository of the United
States Post Office, Registered or Certified Mail, Postage Prepaid,
ARTICLE 3, Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Two
Thousand Twelve Dollars and No Cents ($2,012) per year, Said annual rent shall be paid in full upon
Ihirty (30) days from the date in which this Lease is executed by Ihe LESSOR. LESSEE will also be
responsible for the payment of addilional renl as provided for in ARTICLE 5 of this Lease,
18
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1
In the event LESSEE elecls to renew this Lease, as provided for in ARTICLE 2, the rent set forth
in ARTICLE 3 shall be increased utilizing the melhod outlined in ARTICLE 4.
LESSEE and LESSOR reserve the right 10 tenninate this Lease, with or wilhout cause, by
providing the other party with thirty (30) days written notice to the address set forth in ARTICLE 14 of
this Lease, Said nolice shall be effective upon placement of the notice in an official depository of Ihe
United States Post Office, Registered or Certified Mail, Postage Prepaid, Upon termination of this Lease,
(i) LESSEE will have ninety (90) days after termination 10 make arrangements to remove the existing
cattle, during which 90 days the cattle musl remain, and (ii) LESSOR will remit to LESSEE any prepaid
and unearned renl for any period that exceeds (60) days after such 90 days,
ARTICLE 4.
Renewal Term Renl
In the event LESSEE elects 10 renew this Lease, as provided for in ARTICLE 2, Ihe rent set forth
in ARTICLE 3 shall be increased for each ensuing one (1) year renewal term by five (5) percenl from the
previous year, compounded,
ARTICLE 5,
Intentionally Omitted
ARTICLE 6,
Modifications to Demised Premises
Prior to making any 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, specitying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplaled starting
and completion time for such project. LESSOR or its designee will then have sixty (60) days wilhin
which 10 approve or deny in wriling said requesl for changes, improvemenls, alteralions or addilions.
LESSOR shall not unreasonably wilhhold its consent to required or appropriate allerations,
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, Ihen such silence shall be deemed as a
denial to such requesl to LESSEE.
LESSEE covenanls and agrees in conneclion wilh 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 fulure applicable laws,
ordinances, rules, regulations, and requiremenls of the United States of America, State of Florida, County
of Collier, and any and all governmental agencies.
All alteralions, improvemenls and additions to the Demised Premises shall at once, when made or
inslalled, be deemed as attached to the freehold and to have become property of LESSOR, Prior to Ihe
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
direcls, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
inslallalions which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal; and in default Ihereof, LESSOR may
complete said removals and repairs al LESSEE'S expense.
LESSEE covenants and agrees nollo use, occupy, suffer or permit said Demised Premises or any
part Ihereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public aUlhority,
ARTICLE 7,
Access 10 Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter
inlo and upon the Demised Premises or any part thereof at any time, without notice to the LESSEE, for
the purpose of examining the same and making repairs, inspecting or curing a default or nuisance, or
providing maintenance service therein, and for the purposes of inspection for compliance with Ihe
provisions of this Lease Agreement. If LESSOR should need to ulilize the property for any length of
time, for any purpose, Ihe LESSOR shall advise the LESSEE of ils intentions by oral notice,
ARTICLE 8,
Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or 10 sublet the whole or any part of Ihe
Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR, Any such assignmenl or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of renl or other swns herein provided or from the obligalion to keep
and be bound by the terms, conditions and covenants of this Lease, The acceplance of rent from any other
19
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IDE
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.
ARTICLE 9,
Indemnity
LESSEE, in consideration ofTen Dollars ($10.00), Ihe receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold hannless LESSOR, its agenls and employees from and
againsl any and all liability (statutory or olherwise), damages, claims, suits, demands, judgmenls, cosls,
interest and expenses (including, but nol limiled 10, attorneys' fees and disbursements both at trial and
appellale levels) arising directly from any injury to, or death of, any person or persons or damage to
property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any
work or thing whalsoever done, or any condition created (other than by LESSOR, ils employees, agents
or conlraclors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the
Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S
obligations under Ihis Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors,
employees, subtenants, licensees or invilees.
It is acknowledged that in accord with the terms of this Lease (i) certain uses may be made of the
Demised Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of Ihe
Demised Premises, The Demised Premises are unimproved agricultural pasture lands and/or nalurally
vegetaled areas, LESSEE'S responsibilities for maintenance in accord wilh Article I I, and its
responsibility and liability to LESSOR under this Articles 9 are and shall be based on the standards of
care required of a tenant of lands having the forgoing characteristics and uses and an absence of business
invitees, In case any action or proceeding is brought against LESSOR by reason of anyone or more
Ihereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulling therefrom and shall
defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel
reasonably satisfactory 10 LESSOR.
The LESSOR shall nol be liable for any injury or damage to person or property caused by the
elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any
other place, or for any interference caused by operations by or for a governmenlal authority in
construction of any public or quasi-public works,
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft,
any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct ofthe LESSOR or its employees.
ARTICLE 10, Insurance
LESSEE shall provide and maintain a fann liability policy which shall be approved by the Collier
County Risk Managemenl Departmenl, for not less than an amount of One Million Dollars and No/100
Cenls ($1,000,000,00) throughout the term or any renewals thereof 10 Ihis Agreement. In addilion,
LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws, The coverage shall include
Employer's Liability wilh a minimum limit of One Hundred Thousand Dollars and No/100 Cents
($100,000,00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon, Evidence of
such insurance shall be provided to the Collier County Risk Management Department, 3301 East
Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the
commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior
written notice to Collier County c/o County Risk Management Department in the event of cancellation or
changes in policy(ies) coverage, LESSOR reserves the right to reasonably amend the insurance
requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE
shall have thirty (30) days in which to obtain such additional insurance,
LESSOR shall maintain such liability insurance, or self funded liability reserves, as are
appropriale 10 protect itself and LESSEE from third party claims based on use of the Demised Premises
that the LESSOR is permitted to make, or allows third parties to make, in accord herewith.
ARTICLE II. Maintenance
LESSEE shall be allowed to store, within the Demised Property, any funclional maintenance
equipmenl and supplies required for aClivilies directly relaled to beef cattle production on the Demised
Property ,
20
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LESSEE, al its sole cost and expense, shall mow the improved pasture wilhin the Demised
Property a minimum of one (I) time per year and may roller chop specific areas of pasture when needed
as a means to control exotic and woody planl growth and to upkeep areas localed around cattle pens,
LESSEE shall develop the mowing schedule and include variables such as excessive rainfall, droughl or
other unforeseen conditions,
Each individual improved paslure within the Demised Property may include mineral feeders,
supplemental feed lrough, and molasses feed tanks as a means to conlrol cattle concenlration areas,
Rolation of cattle shall continue throughoullhe year on a scheduled basis, In the evenl there has been an
extremely dry and cold winter or an exceplionally wet season, Ihe cattle will be managed by LESSEE to
fit the available forage,
LESSEE may not fertilize improved pasture areas.
Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of
water holes shall be prohibiled.
LESSEE, at its sole cost and expense, shall erect, if not already existing, and maintain a fence
acceptable to LESSOR around that area of the Demised Premises which shall contain any cattle, This
fencing is crucial in retaining cattle and preventing cattle from roaming off of the Demised Premises,
LESSEE shall, at its sole cost and expense, keep Ihe Demised Premises free from debris, litter,
abandoned equipment and vehicles, and Ihe like, at all times, If said Demised Premises are not kept free
from debris, litter, abandoned equipment and vehicles, and the like, in Ihe opinion of LESSOR,
LESSEE'S manager will be so advised in writing, If correclive action is not taken within ten (10) days of
the receipl of such notice, LESSOR will cause Ihe same 10 be cleaned and correcled and LESSEE shall
assume and pay all necessary cleaning cosls and such cosls shall conslilute additional rent which shall be
paid by LESSEE within ten (10) days of receipt of written notice ofcosls incurred by LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE,
its employees, agents, independenl contractors, guests, invilees, licensees, and patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all
applicable rules, laws and regulations, all non-naturally occurring solid, liquid, semisolid, and gaseous
Irash and wasle (bul nol animal waste) and refuse of any nalure whalsoever which mighl accumulate and
arise from the operations of the LESSEE'S business, Such trash, waste and refuse shall be stored in
closed containers approved by the LESSOR,
LESSEE shall have the right 10 keep necessary machinery, tools or supplies in a agreed upon
designated area,
LESSEE shall make monthly inspections of exterior fences and gates and make repairs to Ihe
fencing as needed,
LESSOR shall be responsible for all invasive exotic plant conlrol and prescribed burning within
the Demised Property,
LESSOR! Preserve Manager shall visit the property at leasl semi-annually to evaluate the
management and grazing operation, The LESSOR! Preserve Manager and the LESSEE/Managing
Partner shall meet annually to review and, if necessary, revise any grazing and/or pasture management
plans,
LESSEE shall report any violation observed pertaining to rules and regulations promulgated by
Collier County or the Florida Fish and Wildlife Conservation Commission, LESSEE shall immediately
report any incidence of the following:
. Fire
. Vandalism
. Theft
. Poaching
. Trespassing
. Any hazard, condition or situation that may become a liability 10 Ihe County or may be damaging
to the property or improvemenls on the property,
LESSEE has no affirmalive duty 10 actively monitor conditions for discovery of such activities,
21
IDE
ARTICLE 12. Default bv LESSEE
Failure of LESSEE 10 comply for thirty (30) days with any material provision or covenant of this
Lease shall constitute a defaull, LESSOR may, at its option, terminate this Lease after thirty (30) days
written notice to LESSEE, unless Ihe default be cured within the notice period (or such additional lime as
is reasonably required to correct such default), However, the occurrence of any of the following events
shall conslitute a default by LESSEE, and this Lease may be immediately terminaled by LESSOR:
(a) Abandonmenl of Demised Premises or discontinuation of LESSEE'S operation,
(b) Falsificalion of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease,
(c) Filing of insolvency, reorganizalion, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment for Ihe benefit of credilors,
(t) If LESSEE suffers Ihis Lease to be Iaken under any writ of execution.
In Ihe event of Ihe occurrence of any of Ihe foregoing defaulls in this ARTICLE, LESSOR, in
addition to any other righls and remedies il may have, shall have Ihe immediate righl 10 re-enter and
remove all persons and property from the Demised Premises, Such property may be removed and stored
in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of
notice or resort 10 legal process and without being deemed guilty of trespass, or being liable for any loss
or damage which may be occasioned thereby,
LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days
notice in wriling if a lien is filed against the property or Ihe leasehold interest of the LESSEE, and nol
removed within thirty (30) days by LESSEE, pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as
specified in this Lease, and if said amounts remain unpaid for more than ten (10) days past the due date,
the LESSEE shall pay LESSOR a late paymenl charge equal to five (5) percent of any payment not paid
promptly when due, Any amounts nol paid promptly when due shall also accrue compounded interest of
two (2) percent per month or the highest interesl rate then allowed by Florida law, whichever is higher,
which interest shall be paid by LESSEE to LESSOR,
ARTICLE 13, Default bv 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 at LESSOR'S sole discretion, such additional time as is reasonably required to correcl such default)
after nolice 10 LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any
such obligalions,
ARTICLE 14. NOlices
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:
LESSOR:
Board of County Commissioners
c/o Real Property Managemenl
Building W
3301 Tamiami Trail Easl
Naples, Florida 34112
LESSEE:
Mr, Thomas Taylor, General Partner
Lake Trafford Ranch, LLLP
481 Carica Road
Naples, Florida 34108
cc: Office of the County Attorney
Collier County Governmenl Cenler
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Mr, Chrislopher Allen, General Partner
Lake Trafford Ranch, LLLP
555 Hickory Road
Naples, Florida 34108
22
Conservalion Collier Coordinator
Collier County Government Center
Building W
3301 Tamiami Trail East
Naples, Florida 34112
lOE
ARTICLE 15, Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to Ihe expiration of Ihis
Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any
improvemenls not removed 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 Ihe lerm of this Lease or may
have been pul by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted,
ARTICLE 16, General Provisions
LESSEE agrees to conlain cattle wilhin the Demised Premises and prevent cattle from roaming off
of the Demised Premises,
LESSEE shall be allowed to maintain no more than Three Hundred (300) Animal Units at the Demised
Premises, Animal Units will be established based on the following table:
Table 1: Animal Unit Equivalent Guide
Species
Animal Unit
Equivalent
AUE
0,92
1.00
1.35
0,60
0.80
Cow,d
Cow with calf
Bull, mature
Cattle, 1 ear old
Cattle, 2 ear old
LESSEE shall have the right to camp overnight on the Demised Premises, at LESSEE'S own risk,
and shall be required to obtain any necessary permils, if required, for Ihis use,
If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR
so as long as LESSEE is legally permitted to possess such firearm in the County of Collier and / or the
State of Florida, as applicable,
LESSEE acknowledges thaI there shall be no game hunting or any dispensation of firearms by
LESSEE or his invitees upon the Demised Premises except as specifically allowed under this Lease,
LESSEE fully understands Ihat Ihe police and law enforcement security prolection provided by
law enforcemenl agencies for the above-referenced Demised Premises is limited 10 Ihal provided 10 any
other business or agency situated in Collier County, and acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and
cost of LESSEE and shall involve no cosl or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, 10 refrain from any use of the
Demised Premises which would interfere wilh or adversely affect the operalion or maintenance of
LESSOR'S standard operalions where olher operations share common facilities.
(a) Rights not specifically granled the LESSEE by this Lease are hereby reserved to the LESSOR,
(b) LESSEE agrees to pay all sales tax imposed on the renlal of the Demised Premises where
applicable under law,
(c) If applicable, LESSEE agrees to pay all inlangible personal property taxes that may be imposed
due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S
possession of said leasehold interest in the Demised Premises.
(d) LESSEE shall not perform any environmental property management issues, such as, but not
limited to, burning or removal of vegetation, unless prior approval is granted by LESSOR.
23
iDE
(e) LESSEE acknowledges that LESSOR may allow limited seasonal hunting on the Demised
Premises under the supervision of the Florida Fish and Wildlife Conservalion Commission,
LESSOR is responsible for developing and implementing rules, protocols, and for the supervision
of any hunters and members of the public generally to guard against accidenls, injury 10
LESSEE'S cattle, and interference with LESSEE'S permitted use.
(f) LESSOR may engage a Range Conservationist to develop a long-range management plan for Ihe
Demised Premises, LESSEE acknowledges Ihat he will cooperate with LESSOR and any plans thaI
may develop for the Demised Premises as a result of future planning, Implemenlation of any such
plan shall require sixty (60) days written notice 10 LESSEE and if it reduces the land available to
LESSEE the rent will be reduced accordingly,
ARTICLE 17. Intentionallv Omitted
ARTICLE 18, Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of
the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE, and liens for improvements made by the LESSEE are specifically prohibiled from attaching to
or becoming a lien on Ihe interesl of the LESSOR in the Demised Premises or any part of either. This
notice is given pursuant to the provisions of and in compliance with Section 713,10, Florida Statutes.
ARTICLE 19, Ouiel Eniovment
Subjecllo LESSOR'S righls provided in Ihis Lease, LESSOR covenants Ihal LESSEE, on paying
Ihe rental amount and performing the covenants, terms and conditions required of LESSEE contained
herein, shall peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate
granted to LESSEE by virtue of this Lease Agreement.
ARTICLE 20, Waiver
No failure of LESSOR to enforce any lerms or conditions herein shall be deemed to be a waiver.
ARTICLE 21. Effeclive Dale
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 22, Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida,
ARTICLE 23, Assignmenl
LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by eilher
Thomas Taylor or Christopher Allen. LESSOR must be advised of any such assignment in writing.
IN WITNESS WHEREOF, Ihe parties herelo have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED:
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, Chairman
Deputy Clerk
24
AS TO LESSEE:
DATED:
WITNESSES:
(Signature)
(Print Name)
(Signature)
(Print Name)
(Signature)
(Print Name)
(Signature)
(Prinl Name)
Approved as to form and legal sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
lOE
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
BY:
THOMAS M. TAYLOR, as General Partner
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
BY:
CHRISTOPHER L. ALLEN, as General Partner
25
IOE
Exhibit" A"
(Legal Description of Demised Property)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (EV,) of Ihe East Half (EY,) of Ihe Southwesl Quarter (SWv..) of
the Southeast Quarter (SEv..) of Section 22, Township 46 South, Range 28 East, Collier County, Florida,
being more particularly described as follows:
Commence at the Southeast comer of Section 22, Township 46 Soulh, Range 28 East,
Collier County, Florida; Ihence run S 88057'47" W, along the south line of the Soulheasl
Quarter (SEv..) of said Section 22 for a distance of 1320.38 feet to the Point of
Beginning oflhe parcel ofland herein described; Ihence continue S 88057'47" W, along
the south line of the Southeasl Quarter (SEv..) of said Section 22, for a dislance of 330.09
feel; thence run N 00031 '18" W for a distance of 1342,51 feet; thence run N 88058'31"
E for a distance of330,12 feet; thence run S 00031' 14" E, for a distance of 1342.44 feet
10 Ihe Point of Beginning; conlaining 10,17 acres, more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida; containing 645.47 acres
more or less,
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 Easl, Collier County, Florida; containing 643.59 acres
more or less,
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 Soulh, Range 28 Easl, Collier County, Florida; conlaining 706,33 acres
more or less,
26
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EXHIBIT "E"
(Permitted Encumbrances)
1. Easement in favor of "Trafford Oaks", a Partnership, contained in instrument
recorded in Official Records Book 907, Page 1383, of the Public Records of
Collier County, Florida.
2, Easement in favor of Turner Corporation, contained in instrument recorded in
Official Records Book 1219, Page 1113, of the Public Records of Collier
County, Florida.
3, Resolution recorded in Official Records Book 4089, Page 3509, of the Public
Records of Collier County, Florida,
4, Stewardship Easement Agreement recorded in Official Records Book 4089,
Page 3837, of the Public Records of Collier County, Florida,
5, Stewardship Sending Area Memorandum recorded in Official Records Book
4089, Page 3511, of the Public Records of Collier County, Florida.
6, Restrictions, conditions, reservations, easements, and other matters
contained on the Plat of Pepper Road Right of Way, as recorded in Plat Book
12, Page 67, of the Public Records of Collier County, Florida,
7. Easement in favor of Collier County contained in the instrument recorded in
Official Records Book 49, Page 147, of the Public Records of Collier County,
Florida,
8. Easement for boat landing in favor of the State of Florida contained in the
instrument recorded in Official Records Book 157, Page 437, of the Public
Records of Collier County, Florida,
9. Lease Agreement for dead pine stumps and top wood recorded in Official
Records Book 170, Page 731, along with Quit Claim of Rights as recorded in
Official Records Book 371, Page 403, all of the Public Records of Collier
County, Florida,
1 0, Easement in favor of Turner Corporation, contained in instrument recorded in
Official Records Book 1219, Page 1118, of the Public Records of Collier
County, Florida,
11, Subject to mineral, oil gas and casinghead gas reservation in Warranty Deed
from Turner Corporation to Rex Properties, Inc" recorded in Official Records
Book 1219, Page 1107, of the Public Records of Collier County, Florida.
12. Surface Agreement recorded in Official Records Book 1191, Page 1114 and
as released by the instrument recorded in Official Records Book 4394, Page
578, as assigned and amended, all of the Public Records of Collier County,
Florida.
13, Oil, Gas & Mineral Lease recorded in Official Records Book 1062, Page
1114, and as released by the instruments recorded in Official Records Book
3557, Page 3585 and Official Records Book 4394, Page 578, as assigned
and amended, all of the Public Records of Collier County, Florida.
14. Oil, Gas & Mineral Lease recorded in Official Records Book 1062, Page
1117, and as released by the instruments recorded in Official Records Book
3557, Page 3585 and Official Records Book 4394, Page 578, as assigned
and amended, all of the Public Records of Collier County, Florida.
27
EXHIBIT "F"
(Cattle Dipping Vat Site)
lOt'
I
An area of the overall Property containing and surrounding an abandoned cattle dipping
vat to containing approximately 12 acres of land. The area is marked on the attached
aerial photograph.
I
-
I It.
i It.
-
is-'.:Atrt:
IL'fljo'>>.
~- HSA
~rn;
-
It.
-
PlwcR-=h
lili5 r....R:~1
~F.u:.
.UIl...._._'__. ....._......... ,...r..t....
28
IDE
..
r\'
"
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
Commissioner Tom Henning, Chairman, District 3 ,J'
Jennifer A. Belpedio, Assistant County Attorney ~'-
Deeember 30, 2008
Pepper Ranch Acquisition - Request for Signature of Documents
November t 8,2008 Board Meeting - Agenda Item No. to. E.
On November 18, 2008, the Board approved Agenda Item No. 10. E. which, among other things,
authorized the Chairman to execute any and all County Attorney Office approved documents
related to the transaction.
Accordingly, please sign the following documents that have been approved for legal sufficiency.
I . Access Easement;
2. Escrow Agreement;
3. Lease Agreement.
.~'.
..
It is important to mention that these documents are necessary for the closing that is tentatively
scheduled for tomorrow. This is because the County was very recently notified that two
corporate entities related to Barron Collier have claimed an unidentified and unrecorded
easement along a road on Pepper Ranch to access their property. A copy of the letter is attached.
As such, our office has required that the two corporate entities provide the County with a letter
retracting all claims as a precondition to closing. A copy of the proposed letter is attached.
Should we timely receive the letter, the closing will occur tomorrow. If not, we will bring the
matter before the Board in January for direction.
As always. should you have any further questions, please do not hesitate to contact the County
Attorney or me.
cc: Jcffrey A. Klatzkow, County Attorney
Scott R. Teach, Deputy County Attorney
Jim V. Mudd. County Manager
Attachments: executive summary for item, letter from Barron Collier entitics, proposed letter
routing slip. original access easement, original escrow agreement, original lease
agreemcnt.
OR-RPR-OI404i21
ORIGINAL DOCUl\i1ENTS CHECKLIST & ROUTING SLIP
. TO ACCOMPANY ALL ORIGlNAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMlv.lISSIONERS OFFlCE FOR SIGNATURE
. Prine OIl pin!: PI{lCl". AltIl:h lQ arigimll_-' Origimll "~m_" 3l1ouJd be hand dclivered to I!ul Boaro Ofllce.. '!'h..=plctod Illutillg ,Up iUld original
"~-.. "'" lQ bcfurwmled.1Il1!ul BOOIllOtlla: cmly gl!le BOOIll has t1I;maaion.OIlI!ul i-.) . . .'. ..
.. ROUTINGSLIP . .....
.c""'PJaelO1ldag_ 'llllrcu&ht4as ~ filraddidalal ri1l"'-'. dara, wlIorinfcmwiOllac:ded..l!l!uld"""':;_;is ilk=dy=p1cto with I!ul
don ot'I!uln..;,.""",'s . dn".Jtnotmou routill Iinesl! throu #4, Jae I!ul dlcckIist; md forward III SIItFi1roD (linaffl.
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PRIMARY CONTACT INFORMATION
('!be ~ """""" is I!ul baJdor of I!ul arigiDaJ do-m-' pOllding Bee approvul. Normally the primary coacu:: i> <be pCl30n who aconodIJm:pao:d the "'ccutive
SIUZIIZW'y. Primary COI:Ltu=: iDfcrmatiOll is ac:ccU=d in the event ODe of chc i1d.dressc::s ilbove. indudittS Sue FUson.. l1CCd to c;xlClCt mff for addiriooaJ or missing
ialormatioa.. A.D. arigizW A...............'" needing !bel BCC CWrmarI.'I ngnntnn: ~ to be d.cfivc:rcci CO d:1c BCe office only lliI=' the Bee has ll.CtCd to approve the
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Name of Primary Stiff Phone Number
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Type of Documenl
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----------
4.
5. Sue FIlson, Executive Manager
6. Minutes and Records
-------
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-------
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Board of County Commissioners
Cleric of Court's Office
Number of Original
Documents A=hed
Agenda Item Number
lNSTRUCTIONS & CHECKLIST
Initial !be Yes column or mark "N/A" in the: Not Applicable column. whichever is
1.. Original cIocum:nt has been signedl"milialed fer legal sUfficiency. (All documents to be
signed by !be Chainnan, with the: exception of most letters; must be reviewed. and signed
liy !be Office of !be County ADtJrney. This inl:ludes signature pages from ordinances.
le$Olutions. etc. signed by the: County A.tloroey's Office and signature pages from
contracts. agree=l:l, etc. that bave been fully =uted by all parties except tbe BCC
Cbairman and Cletk to tbe Baaed and I State Officials.)
2. An iwldwritten.strilte-throngh and revisions bave been initialed by the County ~y.' s
Office and all other arties t the BCC ClWnnan and the Clerk to tbe Board
3. The Chaicpan's ';p""~ line dale has been entered as tbe date ofBCC approval of the
document or the final lie tiau:d contract dale whichever is licable.
4. "Sign here" tabs are placed on the: appropriate pages indicating where the Chairman's
si and initials are
S. In tilost cases (some COnll'aCtS are an exception), rl1e original document and this routing slip
should be provided to Sue Filson in the: BCC office within 24 hours of BCC approval.
Some doM=""]tS are time seusilive and require forwaxding to TaJlabassee within a certain
time frame or !be BCC's actions are nuJlliic:d. Be aware of our deadlines!
6. The doc:ament was approved by the BCC on (enter date) and all changes
made daring the meeting have been incorpora in the attached document. The
Conn Attorn s Omce has reviewed the es, lC a liable..
IDE
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IOE
Agenda Hem No. OE
November 18. 2008
1 of 36
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with lake
Trafford Ranch lllP, a Florida limited liability limited partnership, for 2,511.90
acres under the Conservation Collier land Acquisition Program, at a cost not to
exceed $33,328,400, and to name the resulting acquisition Pepper Ranch
Preserve.
OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the
attached Agreement for Sale and Purchase (Agreement) between the Board of County
Commissioners (Board) and Lake Trafford Ranch LLLP. a Florida limited liability limited
partnership (Seller) and to obtain approval to name the resulting acquisition Pepper Ranch
Preserve.
CONSIDERATIONS: On January 29, 2008, Agenda Item 10F, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Active
Aequisition List (AAL), with changes, and directed staff to actively pursue acquisition of the
properties under the Conservation Collier Program. The Lake Trafford Ranch LLLP property
(aka Pepper Ranch) was approved as an A1+ property. giving it the highest priority on the AAL
as a qualified acquisition project. Approval of the proposed acquisition as an AAL A,list project
indicates that this property has met the criteria and goals of the Conservation Collier Program
and is considered a priority conservation acquisition. This evaluation coincides with areas
identified by the State of Florida and other environmental interests and entities as critical for
habitat conservation in Florida.
Pepper Ranch consists of ten parcels totaling 2,511.90 acres located within Sections 22, 26, 27,
28, 33 & 35, Township 46 South, Range 28 East, Collier County. In accordance with the
approved Conservation Collier Purchasing Policy, the purchase price of $33,200,000 was based
upon the average of two independent, state-certified general real estate appraisers. one giving
value at $34,000,000 (Calloway and Price, Inc.) and the other at $32,400,000 (Anderson and
Carr, Inc). The Board unanimously approved making the purchase price offer to the owners at
its July 22,2008 meeting (Item 10E),
The attached Agreement provide that if the County has not terminated this Agreement pursuant
to any of the provisions authorizing such termination, and County fails to close the transaction or
otherwise fails to perform any of the terms, covenants and conditions of the Agreement and
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to
terminate and eancelthe Agreement by giving written notice thereof to Purchaser, whereupon
One Hundred Thousand Dollars ($100,000.00) shall be paid to Seller as liquidated damages
which shall be Seller's sole and exclusive remedy, and neither party shall have any further
liability or obiigation.
Major challenges involved with negotiation of this Agreement include the presence of an
historic cattle dipping vat and the presence of three oil wells. The callie dipping vat is a source
for concentration of arsenic above Florida Department of Environmental Protection (FDEP)
Protection Target Cleanup Levels. Staff has negotiated removal of the cattle dipping vat by the
Seller at Seller's expense. Considerable funds have already been spent by the Seller to
determine the extent of the contamination and the Seller has agreed to remove the source of
the pollution as directed in writing by FDEP and agreed to by the County to achieve compliance.
The affected portion of the property will additionally be segregated legally and physically.
Legally, segregation means separating out an approximately twelve (12),acre parcel with the
callie dipping vat site at its center. Record of the cleanup actions will be preserved as part of a
management plan and no public use will be made of this parcel until soil and groundwater
I
IDE
Agenda Item No.1 OE
November 18, 2008
Pa~]e 2 of 36
monitoring, eonducted at the Seller's expense, shows the pollution to have dissipated to levels
deemed as harmless by state regulators. If physical segregation is considered necessary, this
will be achieved through fencing the remediated site to further reduce the likelihood of harm to
humans or wildlife. The second environmental challenge relates to the presence of three oil and
gas wells located on the western side of Pepper Ranch, in two quarter-sections where the
current owners will retain oil, gas and mineral rights. There will be no opportunity for extraction
of surface minerals, such as limestone, as owners have retained mineral rights only below 150
feet from the surface. Two wells are currently active and the third is in the process of becoming
active. All three wells are expected to continue operation until they are no longer producing. As
with all oil wells, these wells do present some level of liability concerns for the County if there
are spills by petroleum products or brine. The owner has spent considerable funds in assessing
the current extent of contamination, which by FDEP regulators is considered to be minimal.
Monitoring protocols for the oil well operations are being developed and staff has worked with
state regulators to require that aceeptable protocols and controls be made a part of state permit
requirements for continued oil extraction operations within the property.
Staff has requested that the Seller respond by the time of closing to the County's offer to enter
into a cattle grazing lease. It is considered advantageous and a cost savings for the County to
lease portions of the property for cattle grazing as a land management tool. The County will
obtain a range study and follow the recommendation from the National Resource Conservation
Service (NRCS), a federal agency that serves as partner with private and public agricultural
landowners to conserve natural resources, in implementing cattle grazing.
The attached proposed Agreement was prepared using input from staff, the County Attorney's
office, consultants, state regulatory agencies, Conservation Collier Advisory Committee
members and local environmental organizations. The general public was also afforded an
opportunity to contribute via a number of public meetings. Items requiring consensus included:
costly environmental remediation, complex issues of liability and questions about how and on
what time schedule actions and payments will occur. The Agreement reflects negotiated
compromises that are acceptable to all parties.
Pursuant to Section 2.02, $388,250 will be held in escrow and will be distributed in accordance
with terms and conditions of the Agreement to effect agreed,upon remediation.
The CCLAAC approved this transaction on November 11 , 2008, and voted to recommend Board
approval and execution of the attached Agreement.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is
provided herewith.
At the July 22, 2008 Board meeting, staff was directed by the Board to report back regarding the
market value of Panther Habitat Units (PHUs) in general and specifically, whether the County
might realize PHUs to offset mitigation needs for internal County infrastructure projects through
the acquisition of Pepper Ranch. Staff's report is that the market value for PH Us is $1,500
eaeh, based on an existing County contract for PHUs through Florida Panther Conservation
LLC, a mitigation bank located in Hendry County. Currently, the County's purchasing policies
direct the County to purchase PHUs from this single vendor. While it is likely that a few
additional panther habitat conservation banks may be permitted by U.S. Fish and Wildlife
Service in the future, there is not certainty in this matter and until a new contract is advertized
and developed between the County and other permitted banks, the cost of PHUs is that of the
existing contract - $1,500 each. Additionally, all of the potential future banks are in Hendry
County, Based on discussions and written communication with U.S. Fish and Wildlife Service
staff, County staff reports that the acquisition of the Pepper Ranch through the Conservation
Collier Program not only achieves the goals and criteria of the Conservation Collier ordinance
2
-~
Agenda Item ,,110 E
November ~~O~
Paqe 3 0; 36
but also provides the County with the opportunity to obtain a significant number of PH Us at a
reduced cost while allowing the types of public uses contemplated. Reduction of cost is
achieved by avoidance of project,by-project permitting cost, and removal of profit from the PHU-
mitigation bank equation. Using Pepper Ranch PH Us means that County tax dollars can be
spent enhancing lands within Collier County and not purchasing lands in Hendry County,
Development of a mitigation bank for internal projects also allows the County better cost control
for the future.
During the entire acquisition review, one request was made by Pepper family members: that the
property retain its historic name and be named Pepper Ranch Preserve. The Conservation
Collier Outreach Subcommittee, on September 81h, and the full CCLAAC, on November 111h,
supported this request and recommend approval to name this acquisition Pepper Ranch
Preserve.
FISCAL IMPACT: The total cost of acquisition will not exceed $33,328,400 ($33,200,000 for
the property, $17,000 for the appraisals. $6,664 for a Phase I Environmental Site Assessment,
$11,540 for a Phase II Environmental Site Assessment, $23,500 for a Mitigation Potential Study
and approximately $69,696 for the title commitment, title policy. and recording of documents).
All neeessary funds have either already been or will be withdrawn from the Conservation Collier
Trust Fund (172). As of November 11, 2008, property costs for Conservation Collier properties,
including this property and those under contract, total $102,933,653.
A significant portion, approximately 60%, of the financing for the Pepper Ranch acquisition will
need to be borrowed. The financing process was commenced on October 1, 2008 by requesting
commitments for financing from a selection of major financial institutions. The County has
received qualified proposals from a number of banking institutions for a limited general bond
resolution. This resolution is provided to the Board as a companion to the Agreement.
Due to present uncertainties regarding the County's desire to partner with the Corkscrew
Regional Ecosystem Watershed (CREW) Trust, a partnership is not part of the Pepper Ranch
Agreement. There may be future opportunities to partner with the CREW Trust on this property.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan. The 2,500-acre Pepper Ranch is part of the Rural
Lands Stewardship Area (RLSA). There is a 985-acre portion of the ranch that has a
Stewardship Sending Agreement (SSA#7) placed over it where stewardship credits have been
removed, constituting a conservation easement. In addition to general consistency with the
GMP for fee simple acquisition of conservation lands, the Future Land Use Element, RLSA
Overlay section, (VII) Policy 1.18, (VII) Policy 1.4 and (VII) Policy 3.8, clearly contemplate the
potential to augment the RLSA Program through fee simple acquisition of lands identified as the
highest priority for natural resource protection even if they are within Stewardship areas.
Pepper Ranch is within such an area, the Florida Forever CREW Project Boundary, which has
been identified by the state of Florida (Florida Forever Program), the University of Florida, The
Florida Natural Areas Inventory and the Florida Fish and Wildlife Conservation Commission as a
conservation area of the highest priority.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2007-65) provides a legal
framework for property acquisition for the Conservation Collier Program. The process for
acquiring this property falls within the legal framework of Ordinance 2007-65. The Agreement
has been reviewed and approved by the County Attorney's Office. - JAB
RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners:
3
Agenda 11 a mE
November 18. 2008
Page 4 of 36
1) Approves the attached Agreement and accepts the Warranty Deed once it has been
received and approved by the County Attorney's Office;
2) Authorizes the Chairman to execute the Agreement and any and all other County
Attorney's Office approved documents related to this transaction;
3) Authorizes the County Manager or his designee to prepare related vouchers and
warrants for payment;
4) Directs the County Manager or his designee to proceed to acquire this parcel, to
follow all appropriate closing procedures, to record the deed and any and all necessary
documents to obtain clear title to this parcel, and to take all reasonable steps necessary
to ensure performance under the Agreement;
5) Approves any necessary budget amendments; and
6) Approves naming the acquisition Pepper Ranch Preserve.
PREPARED BY: Cindy Erb, SRfWA, Senior Property Aequisition Specialist, Real Properly
Management, and Alexandra J. Sulecki, Coordinator, Conservation Collier Program,
Department of Facilities Management
4
IDE
~I
Barron Collier Investments Ltd
1600 Golden Gate Parkway
Naples. FL 34105
December 17, 2008
Tom Taylor
Hole Montes, Inc.
950 Encore Way
,.. Naples, FL 34110
Dear Tom;
Over the last several years, We have discussed Collier Companies' access over
the Pepper Ranch property to Barron Collier lands. Barron Collier Companies and their
tenants have used the access road that11lns Urrough the Pepper Ranch propel1y for access
to their lands. This road is the only access to the Barron Collier property west of Lake
Trafford. We requested that the owner of'lhe property specifically grant Barron Collier
an easement for ingress and cgress over the road. At present this has not been formally
recorded.
Now that the owner is in negotiations with Collier County to sell the Pepper
Ranch property, it is critical that BatTOn Collier's prescriptive and statutory rights over
the Pepper Ranch road be formally recognizcd ill the Public Records. Our hope is that
we can quickly resolve this matter by the recording of an access eascment without the
nced for Barron Collier to take any action to involve Collier County. Please understand
that the road in question is Barron Collicr's oI>lypracticable access to its lands and,
therefore, of vital importance. If this issuc cannot be resolved quickly, Barron Collier
will need to seck to protect its rights to access over the road and will need to make sure
the County is formally noticed regarding this issue, 'I hope that this will not be necessary.
Please let me know by December 24,2008, if the owner of the Property will agree to
grant Barron Collier Companies an easement.
If you have any questions or concerns you may contact me at 403,6869.
~~
Lee Treadwcll
J>I/()Il~: 23Y-21l2-260D
Fax: 139.262~j76
IDE
BCI, LTD.
and
BARRON COLLIER INVESTMENTS, LTD.
2600 Golden Gate Parkway
Naples, FL 34105
December 30, 2008
Mr. Thomas Taylor
General Partner
Lake Trafford Ranch, LLLP
481 Carica Road
Naples, FL 34108
Re: December 17,2008 Letter from BCI, Ltd. and Barron Collier Investments, Ltd. to
Tom Taylor at Hole Montes, Inc.
Dear Mr. Taylor:
Reference is made to the above letter. Although addressed to you at Hole Montes Associates.
Inc. it was directed to Lake Trafford Ranch LLLP. We understand from you that you have
advised Collier County of the referenced letter and provided it with a copy.
The purpose of this letter is to advise you that, contrary to the statements in the referenced
letter, we and our affiliate entities make no claim to a prescriptive or statutory easement, or any
other rights in, to, or over the property owned by Lake Trafford Ranch, LLLP, commonly known
as the Pepper Ranch.
It is our understanding that Collier County has required that we provide this letter, and will rely
on it, as a condition to closing on the purchase of the Pepper Ranch.
Very truly yours.
BCI, Ltd.
By:
Barron Collier Investments, Ltd.
By:
CC: Jeffrey A. Klatzkow, County Attorney
IDE
CONSERVATION COLLIER
Tax Identification Numbers: 00052360002, 00052440003, 00052640007,
00052680009,00052960004,00053000002.
00053200006,00053840000.00053920001&00054040003
Prepared by:
Jennifer A, Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252,8400
ACCESS EASEMENT
THIS ACCESS EASEMENT, made and entered into this 3 rjt day of
h-e.~M\:'U' , 2008, by COLLIER COUNTY, a political subdivision of the State
of Florida, whose post office address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred to as "Grantor", to LAKE TRAFFORD RANCH LLLP, a
Florida limited liability limited partnership, by its undersigned General Partners, whose
address is 481 Carica Road, Naples, FL 34108, hereinafter referred to as "Grantee".
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs,
legal representatives, successors and assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, for access to, on and
over the land described on Exhibit "A" (the Easement"), to explore, remove and
transport the oil, gas and minerals, on and from, the following described lands located in
Collier County, Florida, described on Exhibit "B" (the Benefited Land") .
The Benefited Land on which Grantee own and holds such rights pursuant to the
reservations in a deed from Grantee to Grantor delivered prior to the Access Easement
and concurrently with it.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
make such improvements to the Easement as are necessary to its use, and maintaining
facilities thereon. Grantor and Grantee are used for singular or plural, as the context
requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST:
,.DWI~H~.~ROC.K, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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(OFFICIAL SEAL)
Ap!,rf\Ved a~ lO lonn c', l~yal sutt,ciency
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HOLE MONTES
ENGINEERS PLANNERS SGRV[YORS
LANOSCAPEARCHITECT3
EXHIBIT
Page / of
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7
950 Encore Way' Naples. Florida 34110. Phone 239254.2000' Fax 239.254.2075
HM PROJECT # 2001111
12/8/08
REF DWG # B'6438
10F3
LEGAL DESCRIPTION:
A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26, 27, 28
AND 35. TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING
15.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.00'58'38"E., ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE
RUN S.89'OI'22"W., FOR A DISTANCE OF 15,00 FEET TO THE POINT OF BEGINNING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.00'58'38"W., PARALLEL TO THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF
29.98 FEET; THENCE RUN N.Ol '09'15"W., PARALLEL TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET; TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY;
THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT.
HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 90'06'24",
SUBTENDED BY A CHORD OF 113.24 FEET AT A BEARING OF N.46'12'27"W., FOR A
DISTANCE OF 125.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.88'44'21 "W.,
FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL
ANGLE OF 90'32'26". SUBTENDED BY A CHORD OF 191.82 FEET AT A BEARING OF
N.45'59'26'W., FOR A DISTANCE OF 213.33 FEET TO THE END OF SAID CURVE; THENCE
RUN N.00'43'13"W., FOR A DISTANCE OF 1122.79 FEET; TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90'34'20", SUBTENDED BY A CHORD
OF 99.49 FEET AT A BEARING OF N.46'OO'23"W., FOR A DISTANCE OF 110.65 FEET TO
THE END OF SAID CURVE; THENCE RUN S.88'42'26"W., FOR A DISTANCE OF 1829.65
FEET; THENCE RUN N.88'23'51 "W., FOR A DISTANCE OF 333.91 FEET; TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE
RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55'08'22", SUBTENDED BY A
CHORD OF 115.71 FEET AT A BEARING OF S.64'OI'58'W., FOR A DISTANCE OF 120.30
FEET TO THE END OF SAID CURVE; THENCE RUN S.36'27'47'W., FOR A DISTANCE OF
64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 200.00 FEET. THROUGH A CENTRAL ANGLE OF
42'33'01", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.57'44'18"W.,
FOR A DISTANCE OF 148.53 FEET TO THE END OF SAID CURVE; THENCE RUN
S.79'OO'48"W.. FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86'34'54"W., FOR A
DISTANCE OF 1589.15 FEET; THENCE RUN S.85'42'33'W., FOR A DISTANCE OF 1968.01
FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
SOUTHEASTERL Y; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF
116'18'47", SUBTENDED BY A CHORD OF 144.41 FEET AT A BEARING OF S.27'33'10"W.,
H:\2001\2001111\WPlPRROADSL.doc
EXHIBIT /1"
Page 2.. of 1
HM PROJECT # 2001110 E
121~8
REF DWG # 8-6438
20F 3
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FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22024'56",
SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19023'46"E., FOR A
DISTANCE OF 183.10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 8052'44",
SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03044'56"E.. FOR A
DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 5352.89 FEET, THROUGH A CENTRAL ANGLE OF 2011'42",
SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF S.00024'25"E.. FOR A
DISTANCE OF 205.06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20016'29",
SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.ll 038'31 "E., FOR A
DISTANCE OF 112.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 17"14'47",
SUBTENDED BY A CHORD OF 174.14 FEET AT A BEARING OF S.13009'22"E., FOR A
DISTANCE OF 174.80 FEET TO THE END OF SAID CURVE; THENCE RUN S.04031'58"E.,
FOR A DISTANCE OF 310.08 FEET; THENCE RUN S,Q0036'32"E., FOR A DISTANCE OF
140.46 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF
88025'15", SUBTENDED BY A CHORD OF 111.57 FEET AT A BEARING OF S.43036'06"W.,
FOR A DISTANCE OF 123.46 FEET TO THE END OF SAID CURVE; THENCE RUN
S.87"48'43"W., FOR A DISTANCE OF 1246.09 FEET; TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE. CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1474.47 FEET, THROUGH A
CENTRAL ANGLE OF 6008'39", SUBTENDED BY A CHORD OF 158.04 FEET AT A BEARING
OF S.84044'23"W., FOR A DISTANCE OF 158.12 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 814.75 FEET, THROUGH A CENTRAL
ANGLE OF 19050'09", SUBTENDED BY A CHORD OF 280.66 FEET AT A BEARING OF
N.88024'52"W., FOR A DISTANCE OF 282.06 FEET TO THE POINT OF TERMINATION;
CONTAINING 10.306 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER
OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS
BEING S.00058'38"E.
SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR
SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS
PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE EAST LINE OF THE
H:\2001\2001111\WPlPRROADSLdoc
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EXHIBIT ''.4 "
Page.3 of 7
I
HM PROJECT # 2001111
12/8/08
REF DWG # 8,6438
30F3
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA WHICH BEARS S.Ol016'19"E. TO THE POINT OF
TERMINATION.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY ~ 4ft. ~ P.S.M. #5628
THOMAS M U HY STATE OF FLORIDA
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Exhibit "B"
(Benefited Land)
Southwest Quarter (SW 14) of Section 28, Township 46 South, Range 28 East, Collier
County, Florida; containing 160.0 acres.
AND
Northwest Quarter (NW 14) of Section 33, Township 46 South, Range 28 East, Collier
County, Florida; containing 160.0 acres.
IDE
IDE
ESCROW AGREEMENT
..l"
THIS AGREEMENT made on this 3\ day of 'be.<:.e."",'b". , 2008 by and
between, LAKE TRAFFORD RANCH, L.L.L.P., Florida limited liability limited partnership
(the Seller), whose address is 4~1 Ca..n~ Rd. """1'''''', FL 3""'.~ and, COLLIER COUNTY,
a political subdivision of the State of Florida, (the Purehaser), whose address is 3301 East
Tamiami Trail, Naples, FL 34112 and STEWART TITLE COMPANY, (the Escrow Agent),
whose address is 3936 Tamiami Trail North, Suite A, Naples, Florida 34103;
WITNESSETH:
WHEREAS, the Purehaser and Seller entered into a purehase contract for the sale of real
property located at (SEE A TT ACHED EXHIBIT "A"), and
WHEREAS, both Purchaser and Seller are desirous of having STEWART TITLE COMPANY
act as Escrowee. in accordance with the terms and conditions of this agreement;
NOW, THEREFORE, Escrow Agent, Purehaser and Seller agree as follows:
1. That the transfer of title shall be completed and the transaction closed.
2. That escrow agent is authorized to hold the sum of$388,250.00 in an interest bearing aeeount.
3.. That the monies held in escrow shall be held and released in accordance with the terms of the
contraet as speeifieally set out in paragraphs 6.012, 6.013 and 6.015, 6.017 and the subsequent
paragraphs to 6.017 (Copy attached as Exhibit "B"):
4. Escrow Agent may act in reliance upon any writing or instrument or signature which it, in
good faith, believes to be genuine, may assume the validity and accuracy of any statement or
assertions contained in any sueh writing or instruments; and may assume that any person
purporting to give any writing, notice, advice or instruction in connection with the provisions
hereof has been authorized to do so. Escrow Agent shall not be liable in any manner for the
sufficiency or correctness as to form, manner of execution, or validity of any written instrument
delivered to it, nor as to the identity, authority, or rights of any person exeeuting the same. The
duties of the Eserow Agent shall be limited to the safekeeping of the deposits and disbursing the
same in aceordance herewith. Eserow Agent undertakes to perform only such duties as are
expressly set forth herein, and implied duties or obligations shall not be read into this agreement.
Upon the Eserow Agent disbursing the deposits in aeeordance with the provisions hereof, the
escrow account or accounts shall terminate and the Eserow Agent shall disburse and shall
thereafter be released from any liabilities hereunder in connection therewith. Seller does hereby
transfer, eonvey, give, deposit with, pledge and deliver under the absolute eontrol of Eserow
Agent said sum to be held in escrow in accord herewith. Ownership of this money shall vest in
Escrow Agent in eserow in accord herewith for such period of time as is necessary to satisfY said
requirement(s) whether said requirements are satisfied by Seller or Purehaser as provided in this
agreement.
5. Eserow Agent shall be protected with respeet to any aetion taken or suffered by it hereunder in
good faith. Escrow Agent shall not otherwise be liable for any mistakes of fact or errors of
judgment or for any acts or omissions of any kind unless caused by its miseonduct or gross
negligenee, and Purchaser and Seller agree to indemnifY and hold Escrow Agent harmless of any
elaims, demands, causes of action, liabilities, damages and judgments, including the costs of
defending any aetion against either of them together with any reasonable attorney's fees incurred
in connection therewith, with respect to Escrow Agent's undertaking pursuant to the terms and
eonditions of the Escrow Agreement, unless such act or omission is a result of miseonduct or
gross negligenee of Escrow Agent.
6. In the event of a disagreement with respect to the interpretations of this agreement, or with
respect to the rights or obligations, or the propriety of any aetion eontemplated by Escrow Agent,
Escrow Agent may, in its sole discretion, file appropriate legal action to resolve such
disagreement. Eserow Agent shall be indemnified by Purehaser and Seller for all of Eserow
Agent's eosts, including reasonable attorney's fees, in connection with any such legal aetion.
IOE
7. Escrow Agent may resign at any time upon the giving of thirty (30) days notice to Purchaser
and Seller of Escrow Agent's intent to so resign.
8. All notiee and communications herein between the Eserow Agent, Purchaser and Seller shall
be in writing and shall be deemed to be duly given if sent by mail, to the respective addresses set
forth above.
9. The rights ereated by this Escrow Agreement shall inure to the benefit of and the obligations
created hereby shall be binding upon, the successors and assigns of Escrow Agent and all parties
to this agreement.
10. This agreement shall be eonstrued and enforeed aecording to the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement on the day and
year first above written.
Witness No. I
} C rf..\iJ.-\..-l"j ~
Witness No.2
~---........-
Witness No.1
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Witness '
U~LP. ..
By, ~.
ART J'L COM ANY: ATTEST: ,";.:lii1,. .
DWIG(lfE'.'BROCK' ,ERK
::: ., Deputy Glerk
~tteua" to C1Ia1
~ \ ql1~t'\lf'1l9'11 · ,
, ,
. .it, G::; , ~'-'
**********NOTICE TO ESCROW participants
You have entered into an Eserow Agreement whereby eertain monies are to be held by Stewart
Title Company under the terms of the Escrow Agreement. It is your responsibility to assure
that the terms of the Escrow Agreement are met. Stewart Title Company has no duty to
monitor the performanee of any parties to the Eserow Agreement. Upon proper notifieation by
the parties to the agreement, Stewart Title Company will disburse the funds that it holds in
accordanee with the agreement. The undersigned escrow participants acknowledge receipt of
a copy of this Notice and a copy of the Escrow Agreement.
Eserow Participants:
** By Thomas M. Taylor and
Christopher L. Allen,
as General Partners
I\pl"'W'/iEhJ as to torm c:i.. IU~til :>utr~(;lt.:i'~j
~ln~:._
"~. ounty,&; ey
48613/BH
(escrow agreement (short)
IDE
:0;
EXHIBIT "An
The SE Yo of the SW Yo and the West Y, of the SW Yo of the SE Yo and the East Y, oftbe East Y, of the SW Yo of the SE Yo of Section 22,
Township 46 South, Rang~ 28 East, Collier County, Florida and
The SE Yo of the SW Yo of Section 26, Township 46 South, Range 28 East, Collier County, Florida and
AU of Section 28, Township 46 South, Range 28 East, Collier COlmty, Florida and
The NW Yo of the NE Yo of the NW Yo of Section 35, Township 46 South, Range 2g East, Collier County, Florida and
A parcel ofland in Section 26, Township 46 South, Range 28 East, Collier County, Florida, more particularly described as:The West
Y, of Section 26, less the North t,451.35 feet, and less the SE Yo of the SW Yo and less approximately 9.67 acres, currently owned by
South Florida Water Management District in the SE Yo of the NW Yo Collier County, Florida and
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida and
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida and
The East Y, of the East y, of the NW Yo; and the NE Yo, less the East 30 feet and the Northerly 30 feet for public road right-of-way per
dedication thereof recorded in Plat Book 12, page 67, (known as Pepper Road), Section 35, Township 46 South, Range 28 East, Public
Records of Collier County, Florida, Less 2.29 acres in the NE Yo described in Deed recorded in OR Book 1834, page 2 I 6; also Less
the real property described in Quit Claim Deed recorded in OR Book 49, page 4; and in OR Book 280, page 480; and in OR Book
282, page 2g3; and in OR Book 289, page 910, Public Records of Collier County, Florida and
The SW Yo of the NW 1/4 ; and the West Y, of the SE Yo of the NW Yo; and the SW Yo of the NE Yo of the NW '!.; and the South Yo of
the NW Yo of the NW Yo; and the NW Yo of the NW Yo of the NW Yo; and the West Y, of the NE Yo of the NW Yo of the NW Yo of
Section 35, Township 46 South, Range 28 East, Collier County, Florida.
"'.-1rT11tllll'~'---
-----r-rr___....
-1-" \ \ _ '.1.. {l D \ \
-.::::)CY\\ 0\ I D
deemed an election by Purchaaer to accept the Property wi th the
encroachment, or projection, or lack of legal access.
V, INSPECTION AND CONTINGENCIES
5.01 On or before December 30. 2008 ("Inspection Period") Purchaser shall
determine through approprjate investigation that:
,. With the exception of the cal1le dipping vat area and oil well area. the Property
is In compliance with all applicable Stale and Federal environmental laws and
the Property is free from any pollution or contamination.
2, The Property can be utilized for its intended use and purpose in the
COnservation COllier program.
5.02 If the fOAlgOing conditions are not satlafled as provided for in Paragraph 5.01
then Purchaser may terminate this Agreemant by written notice to the Seller prior
to December 30, 2008. PUrchaser's failure to do so is. a waiver of thIS termination
right. If Purchaser terminales this Agreement as a resu~ of this provision then
Purchaser will deliver to Seller copies of aU engineering, environmental, consulting
and soU reports it has obtained conceming!he Property.
5,03 Purchaser and its agents, employees and servants shall, al their own risk
and expense, have the rig~t to go upon !he Property for !he purpose of survaying
and conducting non_ructive site enolyaes, soli borings. and reasonably
necessary Investigation. ,Purchaser shall, in performing suoh tellls, Use due
cere. Seller shall be notilied by Purchaaer no less than twenty four (24) hours
prier to said inspection of, the Property. Purchaser or Purchaser's agents shall
not conduct any Inspectl.on so as to cause damage to tha Property, and
Purchaser shall restore the Property to its pre-Inspection condition not later than
ten (10) days after any such damage occurs. This provision shall survive
termination of this Agreement
VI SELLER RESPONSIBILITIES
6.01 Seller hereby agrees that ~ shall do the following:
6,011 This Paragraph:has been Intentionally daleted,
6.012 Within sixty (60) days after date of Closing. Seller shall. at ita own ccat
and expense. demolish and clear debris from all known sbuctul86 on the
Property, except the lodge. cmetaker house and pole bam on Property.
6.013 WRhln sixty (60) days after date of Closing, Seller shall, at its own cost
and expell88, pump out, crush and fill all known septic tank8 on the Property
in accordance with all applicable Collier County and State of Florida
requirements, except for those septic tanks serving the structures to be
retained on the Property.
8,014 Within sixty (60) days after dale of Clcalng, Saller, at its expense shall
locate and place abc~und markers indicating the location of all remaining
known septic tanks, cesspools and water wells located on the Property.
6.015 FoUcwing the Clceing, the Seller will continue the proc:ess In which
the Seller and the Purchaser have to date been engaged in order to evaluate,
and then remediate the contamination within an approximata 12 acre portion
of the Property located as shown on Exhib~ F (the Cattle Vat Site) that was
the sile of an old, but long ago discontinued, callie dipping vat which contains
levels of concentration of arsenic above Florida Department of Environmental
Protection (FDEP) Cleanup Target Levels (CTLs). A Phase II evaluation has
been performed by HSA environmental Consultanlll and Scientislll. Inc.
(HSA) and a Site Assessment Report has been preparad by HSA. In addition,
the Seller and Purchaser have met with HSA and FDEP to dlscu88 a program
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of remediation based on the HSA Site Assessment Report. Based on these
discussions, HSA iscunently preparing a Remedial Action Plan (RAP) for
written approval by FOEP. The Seller will errange and pay at iIll own cost
and expense for all a~ons as required by the RAP Including but not limited to
the removal of the quantities of contaminated soil at levels of concentration
which require removal, iIll transportation to an ecceptable disposal site and
the installation and mllintenence of monitoring wells on the Callie Vat Site for
a period of time as, recommended in the RAP and approved by FDEP,
Purchaser shaD accept FDEP approval standards as they relate 10 the RAP.
Once the monitoring :shows the contamination plume Is stable or shrinking
(punluanlto FAC. Ch 62-780), the Seller will have a continuing obligation to
assist Purchaser and,wo'" with FDEP.!o establish and implement institutional
and engineering controls over the Callie Vat Site that are provided for by
applicable regulations. Any required restrictive covenants that must ba
Imposed on the 1II1e to the Cattle Vat Site must be provided by the Purchaser
as ~ will then be the OWnar thereof. The cost and expense of the preparation
of the legal description for the cattle vat site, removal and disposal of
contaminated soil, consultant fees to HSA, permit and applicallon fees to any
agency, Installation and maintaining of monitoring wells and all necessary
equipment and the cost of implementing any englneanng and institutional
controls will be paid tOr from the funds to be deposited and retained in escrow
In accorda,nee with PllJlIQraph 2.02.
8.016 Notify the operator of the axisting 011 walls located on the Property of its
responsibility to bear the cost of remediation from any spills or contamlnalion
that may resuR from ilB operetions and of the requirement to maintain, keep
in force and effect, and provi<le an ongoing Spill Prevention Control and
Countenneasuras Program or protocol and to comply with all epplicable laws
and regulallons governing it& operations.
6.017 The portion of Sella(s sales procead$ from the closing of the subject
transaction that are to be retained pursuant to paragraph 2,02 will be held
and released to SeUer following performance of the wort< in Paragraphs 6.012
8.013 and 6.015. The amount allocated to the work in 6.012 Is $14.750; the
amount aNocated to the wo"' in 6,013 is $13,500 and tha amount allocated to
the work in 6.015 is $360,000, As each item of work In Paragraphs 6,012
and 6.013 is completed, the amount of money retained for ~ shall be released
to the Seller as follows: With respect to Paragraphs 8.012 and 6,013, Seller
shall advise Purchaser arid escrow agent in writing when the activities
ouUlned in said Paragraphs have been compleled and Purchaser may Inspect
the Property and contact appropriateagencles to verify same wtlhln ten (10)
business days of r&cl!ipl of Selle(s notification, If Purchaser does not object
wRh specificity in writing within said ten (10) day period, the escrow agent
shall release to the $eller the sum from escrow pertaining to the applicable
item. If Purchaser objects, Purchaser shall notify Seller In writing of ilB
specific Objection within said len (10) day lime period and Seller shall remedy
any specified defect, whereupon the applicable escrowed sum shall be
released to the Seller:
With respect to 'Paragraph 6.015 above, an independent third party
licensed professional shall be required 10 certify that said work has been
completed and escrow agent ahall release 1I1e deslgnal8d sum to 1I1e Seller. II is
agreed that HSA is an acCeptable third party professional. If HSA's services are
terminated, then the Purch_r shall hava the right to select and retain a substitute
third party professional at Selle", expense.
As the wo"' under Paragraph 6.015 above is performed, percentage
progress payments of the sum held by the Purcha_ pertaJning to Paragraph
6.015 shall be made to Seiler by 1I1e Purchaser so authorizing the escrow agent.
The amount and percentage will be determined based on certification by HSA,
Upon completion of the work, and at such time that HSA certifies that the
6
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Lease #
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.
LEASE AGREEMENT
.t
THIS LEASE AGREEMENT entered into this ~ day of ~e.u...... "'....- , 2008, between
LAKE TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its undersigned General
Partners, whose address is 481 Carica Road, Naples, Florida 34108, hereinafter referred to as "LESSEE", and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the parties
agree as follows:
ARTICLE I.
Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand Twelve
point One (2,012.1) acres of property described in Exhibit "A," which is attached hereto and made a par! of this
Lease, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for
the sole purpose of callie grazing and incidental activities that are directly related to beef callie production..
All animal husbandry principles and practices applicable to the property and efficient use of grazing
resources shall be followed at all times. The LESSEE shall be responsible for the establishment and
implementation of sound grazing practices based on the best management guidelines of the U.S. Department of
Agriculture's National Resources Conservation Service.
Consistent with its status as a tenant the LESSEE will have exclusive use and possession of the Demised
Premises, however, the LESSOR may, as specified below: (i) alter its boundaries and/or (ii) make use of
portions of it for hunting, public access, and other activities consistent with the Conservation Collier program,
as described below in this Article I and in Article 16(e) and (t). LESSOR'S use shall not, however, interfere
with LESSEE'S permilled use of the Demised Premises, nor expose LESSEE to liability to third parties based
on the use that LESSOR is permitted to make ofthe Demises Premises.
This LEASE AGREEMENT may be amended from time-to-time in order to change the size of the
Demised Premises as necessary to accomplish the goals, policies, and objectives of the Conservation Collier
Implementation Ordinance (Ordinance 02-63, as amended). LESSOR'S representative (e.g., Real Estate
Services Staff) shall advise LESSEE, in writing, of its intent to recommend that LESSOR amend this LEASE
AGREEMENT. Any Such change shall only be effective not less than ninety (90) days after it is executed by
the Board of County Commissioners.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on the
date LESSOR executes this Lease. LESSEE is granted the option, provided LESSEE is not in default of any of
the terms of this Lease, to renew same for two (2) additional terms of one (I) year, under the same terms and
conditions, except as to the rental amount, as provided herein, by giving wrillen 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. LESSOR reserves the right to deny LESSEE, in writing, of any renewal term. Said notice shall be
effective upon placement of the notice in an official depository of the United States Post Office, Registered or
Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Two Thousand
Twelve Dollars and No Cents ($2,012) per year. Said annual rent shall be paid in full upon thirty (30) days from
the date in which this Lease is executed by the LESSOR. LESSEE will also be responsible for the payment of
additional rent as provided for in ARTICLE 5 of this Lease.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in
ARTICLE 3 shall be increased utilizing the method outlined in ARTICLE 4.
LESSEE and LESSOR reserve the right to terminate this Lease, with or without cause, by providing the
other party with thirty (30) days wrillen notice to the address set forth in ARTICLE 14 of this Lease. Said
notice shall be effective upon placement of the notice in an official depository of the United States Post Office,
Registered or Certified Mail, Postage Prepaid. Upon termination of this Lease, (i) LESSEE will have ninety
(90) days after termination to make arrangements to remove the existing callIe, during which 90 days the cattle
must remain, and (ii) LESSOR will remit to LESSEE any prepaid and unearned rent for any period that exceeds
(60) days after such 90 days.
ARTICLE 4.
Renewal Term Rent
IDE
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in
ARTICLE 3 shall be increased for each ensuing one (I) year renewal term by five (5) percent from the previous
year, compounded.
ARTICLE 5.
Intentionally Omitted.
ARTICLE 6.
Modifications to Demised Premises
Prior to making any 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 starling and completion time for such
project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its
consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If
after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then
such silence shall be deemed as a denial to such request to 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 the Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, 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; and in default thereof, LESSOR may complete said removals and repairs at
LESSEE'S expense.
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 7.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and
upon the Demised Premises or any part thereof at any time, without notice to the LESSEE, for the purpose of
examining the same and making repairs, inspecting or curing a default or nuisance, or providing maintenance
service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement.
If LESSOR should need to utilize the property for any length oftime, for any purpose, the LESSOR shall advise
the LESSEE of its intentions by oral notice.
ARTICLE 8.
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.
ARTICLE 9.
Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against
any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and
expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising directly from any injury to, or death of, any person or persons or damage to property (including loss of
use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or
any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE
in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any
default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any negligent act or
omission of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action
or proceeding is brought against LESSOR by reason of anyone or more thereof, LESSEE shall pay all costs,
2
attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceliQ t
LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
It is acknowledged that in accord with the tenns of this Lease (i) certain uses may be made of the
Demised Premises by the LESSOR and (ii) LESSOR may permit third parties to make use of the Demised
Premises. However, LESSEE shall have no liability to such third parties, in particular members of the public or
hunters, nor shall LESSEE be required to maintain or manage the Demised Premises to a standard or condition
that would or might be required to business invitees given that LESSEE'S permitted use not involve or
contemplate the presence of business invitees. Any presence of members of the public, or hunters will be at the
direction or invitation of LESSOR. The Demised Premises are unimproved agricultural pasture lands and/or
naturally vegetated areas, LESSEE'S responsibilities for maintenance in accord with Article II, and its
responsibility and liability to LESSOR under this Articles 9 are and shall be based on the standards of care
required of a tenant of lands having the forgoing characteristics and uses and an absence of business invitees.
The LESSOR shall not be liable for any injury or damage to person or property caused by the elements
or by other persons in the Demised Premises, or from the street or sub, surface, or from any other place, or for
any interference caused by operations by or for a governmental authority in construction of any public or
quasi'public works.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR
harmless from any claims for damages, except where such damage or injury is the result of the gross negligence
or willful misconduct of the LESSOR or its employees.
ARTICLE 10. Insurance
LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier
County Risk Management Department, for not less than an amount of One Million Dollars and Noll 00 Cents
($1,000,000.00) throughout the term or any renewals thereof to this Agreement. In addition, LESSEE shall
provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a
minimum limit of One Hundred Thousand Dollars and Noll 00 Cents ($100,000.00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such
insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail,
Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease
Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o
County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR
reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE,
whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional
Insurance.
LESSOR shall maintain such liability insurance, or self funded liability reserves, as are appropriate to
protect itself and LESSEE from third party claims based on use of the Demised Premises that the LESSOR is
permitted to make, or allows third parties to make, in accord herewith.
ARTICLE 11. Maintenance
LESSEE shall be allowed to store, within the Demised Property, any functional maintenance equipment
and supplies required for activities directly related to beef cattle production on the Demised Property.
LESSEE, at its sole cost and expense, shall mow the improved pasture within the Demised Property a
minimum of one (I) time per year and may roller chop specific areas of pasture when needed as a means to
control exotic and woody plant growth and to upkeep areas located around cattle pens. LESSEE shall develop
the mowing schedule and include variables such as excessive rainfall, drought or other unforeseen conditions.
Each individual improved pasture within the Demised Property may include mineral feeders,
supplemental feed trough, and molasses feed tanks as a means to control cattle concentration areas. Rotation of
cattle shall continue throughout the year on a scheduled basis. In the event there has been an extremely dry and
cold winter or an exceptionally wet season, the cattle will be managed by LESSEE to fit the available forage.
LESSEE may not fertilize improved pasture areas.
Unless specifically authorized in writing by LESSOR in advance, plowing, ditching or digging of water
holes shall be prohibited.
LESSEE, at its sole cost and expense, shall erect, if not already existing, and maintain a fence acceptable
to LESSOR around that area of the Demised Premises which shall contain any cattle. This fencing is crucial in
retaining cattle and preventing cattle from roaming off of the Demised Premises,
3
LESSEE shall, at its sole cost and expense, keep the Demised Premises free from del~itr,
abandoned equipment and vehicles, and the like, at all times. If said Demised Premises are not kept free from
debris, litter, abandoned equipment and vehicles, and the like, in the opinion of LESSOR, LESSEE'S manager
will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notiee,
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 ten (10)
days of receipt of written notice of costs incurred by LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees, agents, independent contractors, guests, invitees, licensees, and patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable
rules, laws and regulations, all non,naturally occurring solid, liquid, semisolid, and gaseous trash and waste (but
not animal waste) and refuse of any nature whatsoever which might accumulate and arise from the operations of
the LESSEE'S business. Such trash, waste and refuse shall be stored in closed containers approved by the
LESSOR.
LESSEE shall have the right to keep necessary machinery, tools or supplies in a agreed upon designated
area.
LESSEE shall make monthly inspections of exterior fences and gates and make repairs to the fencing as
needed.
LESSOR shall be responsible for all invasive exotic plant control and prescribed burning within the
Demised Property.
LESSOR! Preserve Manager shall visit the property at least semi-annually to evaluate the management
and grazing operation. The LESSOR! Preserve Manager and the LESSEE/Managing Partner shall meet
annually to review and, if necessary, revise any grazing and/or pasture management plans.
LESSEE shall report any violation observed pertaining to rules and regulations promulgated by Collier
County or the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately report any
incidence of the following:
. Fire
. Vandalism
. Theft
. Poaching
. Trespassing
. Any hazard, condition or situation that may become a liability to the County or may be damaging to the
property or improvements on the property.
LESSEE has no affirmative duty to actively monitor conditions for discovery of such activities.
ARTICLE 12. Default bv LESSEE
Failure of LESSEE to comply for thirty (30) days with any material provision or covenant of this Lease
shall constitute a default, 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). However, the occurrence of any of the following events shall constitute a
default by LESSEE, and this Lease may be immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment for the benefit of creditors.
(t) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR, in addition to
any other rights and remedies it may have, shall have the immediate right to r~enter and remove all persons and
property from the Demised Premises. Such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process
and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned
thereby.
4
IDE
LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days notice in
writing if a lien is filed against the property or the leasehold interest of the LESSEE, and not removed within
thirty (30) days by LESSEE, pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in
this Lease, and if said amounts remain unpaid for more than ten (10) days past the due date, the LESSEE shall
pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any
amounts not paid promptly when due shall also accrue compounded interest of two (2) percent per month or the
highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE
to LESSOR.
ARTICLE 13. Default bv 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 at LESSOR'S
sole discretion, such additional time as is reasonably required to correct such default) after notice to LESSOR
by LESSEE properly specil'ying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14. 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:
LESSOR:
Board of County Commissioners
c/o Real Property Management
Building W
3301 Tamiami Trail East
Naples, Florida 34112
LESSEE:
Mr. Thomas Taylor, General Partner
Lake Trafford Ranch, LLLP
481 Carica Road
Naples, Florida 34 I 08
cc: Office of the County Attorney
Collier County Government Center
Administration Building
3301 Tamiami Trail East
Naples, Florida 34 112
Mr. Christopher Allen, General Partner
Lake Trafford Ranch, LLLP
555 Hickory Road
Naples, Florida 34 I 08
Conservation Collier Coordinator
Collier County Government Center
Building W
3301 Tamiami Trail East
Naples, Florida 341 12
ARTICLE 15. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and
shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not
removed upon expiration of this Lease, or its earlier 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 beyond
LESSEE'S control excepted.
ARTICLE 16. General Provisions
LESSEE agrees to contain cattle within the Demised Premises and prevent cattle from roaming off of the
Demised Premises.
LESSEE shall be allowed to maintain no more than Three Hundred (300) Animal Units at the Demised
Premises. Animal Units will be established based on the following table:
Table 1: Animal Unit Equivalent Guide
Species Average Animal Unit
Weigbt Equivalent
(pounds) fAUE)
Cow, drv 950 0.92
Cow with calf 1,000 1.00
Bull, mature 1,500 1.35
Cattle, I vear old 600 0.60
Cattle, 2 vear old 800 0.80
5
IDE
LESSEE shall have the right to camp overnight on the Demised Premises, at LESSEE'S own risk, and
shall be required to obtain any necessary permits, if required, for this use.
If LESSEE should elect to destroy sick cattle, any use of firearms shall be permitted by LESSOR so as
long as LESSEE is legally permitted to possess such firearm in the County of Collier and / or the State of
Florida, as applicable.
LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE
or his invitees upon the Demised Premises except as specifically allowed under this Lease.
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE
and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable
under law.
(c) If applicable, LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said
leasehold interest in the Demised Premises.
(d) LESSEE shall not perform any environmental property management issues, such as, but not limited to,
burning or removal of vegetation, unless prior approval is granted by LESSOR.
(e) LESSEE acknowledges that LESSOR may allow limited seasonal hunting on the Demised Premises
under the supervision of the Florida Fish and Wildlife Conservation Commission LESSOR is
responsible for developing and implementing rules, protocols, and for the supervision of any hunters and
members of the public generally to guard against accidents, injury to LESSEE'S cattle, and interference
with LESSEE'S permitted use.
(I) LESSOR may engage a Range Conservationist to develop a long-range management plan for the Demised
Premises. LESSEE acknowledges that he will cooperate with LESSOR and any plans that may develop
for the Demised Premises as a result of future planning, Implementation of any such plan shall require
sixty (60) days written notice to LESSEE and if it reduces the land available to LESSEE the rent will be
reduced accordingly.
ARTICLE 17. Intentionallv Omitted
ARTICLE 18. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of the
LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and
liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien
on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to
the provisions of and in compliance with Section 713.10, Florida Statutes.
ARTICLE 19. Ouiet Eniovment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEE, on paying the
rental amount and performing the covenants, terms and conditions required of LESSEE contained herein, shall
peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate granted to LESSEE
by virtue of this Lease Agreement.
ARTICLE 20. Waiver
No failure of LESSOR to enforce any terms or conditions herein shall be deemed to be a waiver.
ARTICLE 21. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
6
ARTICLE 22. Governing Law
IDE
This Lease shall be governed and construed in accordance with the laws ofthe State of Florida.
ARTICLE 23. Assignment
LESSEE shall have the right to assign this Lease to a legal entity owned or controlled by either Thomas
Taylor or Christopher Allen. LESSOR must be advised of any such assignment in writing.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
. DATE~;,>; !t~~..~"
, ATtEST:' "~"
DWIGHT-E; BROCI<;.Clerk
~,,"'~.'
~,"~~
UQllltllttR9.I,,~\ ' ",
AS TO LESSEE:- '
BY:
TO
DATED: 12-2.3-:I.LlO~
WITNESSES:
~
(Signature)
\l,.- c"-..... ~S C. 1:3-_"",,'t-
(Print Name)
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
MJM.~~
(Signature)
Colleen M. Mueller
(Print Name)
BY:
THOMAS M. TAYLOR, as General Partner
">-~ hL .-~~
~--------
(SignatU.[.e) ,
\1., c....... r~<::. E""'""- ~
(Print Name)
~:ttJ/)t(tdf/4;
(Signature
Colleen M. Mueller
(Print Name)
LAKE TRAFFORD RANCH, LLLP,
a Flori a limited liability limited partnershi
BY
Approved as to form and legal sufficiency:
Jenni er A. Belpedi
Assistant County At! y
7
IDE 1
Exhibit "A"
(Legal Description of Demised Property)
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (EY2) of the East Half (EY2) of the Southwest Quarter
(SW'!.) of the Southeast Quarter (SEY.) of Section 22, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South, Range
28 East, Collier County, Florida; thence run S 88057'47" W, along the south line
of the Southeast Quarter (SEY.) of said Section 22 for a distance of 1320.38
feet to the Point of Beginning of the parcel of land herein described; thence
continue S 88057'47" W, along the south line of the Southeast Quarter (SEY.)
of said Section 22, for a distance of 330.09 feet; thence run N 00031'18" W for
a distance of 1342.51 feet; thence run N 88058'31" E for a distance of 330.12
feet; thence run S 00031'14" E, for a distance of 1342.44 feet to the Point of
Beginning; containing 10.17 acres, more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East, Collier County, Florida; containing
645.47 acres more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing
643.59 acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida; containing
706.33 acres more or less.
8
1 0 E ~ Lcxx--r
V'1'pCY~v
From: jfitch <j.h.fitch@comcast.net>
Subject: Support for the Purchase of Pepper Ranch
Date: November 18, 2008 7:34:01 AM EST
To: FrankHalas@colliergov.net, JimColetta@colliergov.net,
FredCoyle@colliergov.net, DonnaFiala@colliergov.net,
T omHenning@colliergov.net
Cc: jennifer@conservancy.org, goldandrose@mac.com, Alexandra Sulecki
<ConservationCollier@colliergov.net>, Aswani Volety <avolety@fgcu.edu>
Dear Commissioners Frank Halas, Jim Coletta, Fred Coyle, Donna Fiala, and Tom
Henning,
My name is Dr. John H. Fitch and I reside at 9246 Estero River Circle, Estero, Florida
33928. I am a professor of Environmental Studies at Florida Gulf Coast University and
also a member' of the CREW Trust Board of Directors. I have. lived in Southwest Florida
since 1990 and have been a resident of both Collier and Lee Counties. From 1990 to
1995, I was President and CEO of The Conservancy of Southwest Florida before moving
to Florida Gulf Coast University to help shape their Environmental Studies Program and to
teach and conduct research. I care passionately about the sustainable future of
Southwest Florida including conserving native ecosystems, major natural flow ways, and
examples of effective private stewardship of natural lands.
Pepper Ranch is the embodiment of the reason for which Conservation Collier was
created: its 2,500 acres are a testament to a family that cared passionately for the land
and conserved native ecosystems, endangered and threatened species, and natural flow
ways as a bequest from the past and a trust for the future. And now, all of us have that
opportunity to preserve the Pepper Ranch as a true trust for the future. It is a significant
investment but, I believe, the best investment that Collier County could make to assure a
sustainable rather than declining future. Pepper Ranch conserves essential native
ecosystems, biodiversity, and natural flow ways, and water storage essential from an
environmental perspective. And Pepper Ranch will serve in the future as a reservoir of
environmental quality rather than an isolated island because it is linked to CREW lands.
From an economic standpoint, the native ecosystems and natural flow ways provide many
services that would be too expensive for us to duplicate technologically such as clean
water and water storage. In addition, Pepper Ranch will further increase Southwest
Florida's reputation as a tremendous ecotourism destination. From a societal standpoint,
Pepper Ranch stands as an important example of private stewardship with a wealth of
history of enlightened land use. In my opinion, few other lands, even if they were
available, would qualify so highly on all these levels.
I just returned from an amazing national conference on sustainability in Raleigh, North
Carolina with more than 2,000 attendees. One of the recurrent themes from many state
10[- (~+
RfJDt -ter
representatives attending the conference was the growing recognition that el1ilQ.ronmental,
economic, and social gems like Pepper Ranch are essentiat'community values)",
celebrating our past and sustaining our future--they are truly a bequest from the past and
a trust for the future. I very much applaud the work that all of you have already done on
the Pepper Ranch acquisition--your authorization for purchase, your agreement on price,
and your directive to draw up a contract. And now today, you have the opportunity to
approve the contract and direct staffJo execute that contract. Please give your final
approval to this essential purchase for the future of Southwest Florida, especially Collier
County. I wish that I could testify in perSQn today but I hope that this written testimony is
helpful to you. .
If you do vote in favor of acquiring Pepper Ranch, my class in Integrated Ecosystems
Management stands ready next semester to work with Collier County staff including
Alexandra Sulecki to conduct help in developing an initial management plan for this
magnificent property.
Thank you for this opportunity to comment.
Respectfully,
Dr. John H. Fitch
MEMORANDUM
Date:
November 19,2008
To:
John Yonkosky, Budget Director
Management & Budget Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-337: Pepper Ranch Acquisition
Attached, for your records you will find one (I) copy of the Resolution, as
referenced above, (Agenda Item #10F), adopted by the Board of County
Commissioners on Tuesday, November 18, 2008.
If you should have any questions, please call 252-8406.
Thank you.
Attachment (I)
10 F '''1
lOF
RESOLUTION NO. 2008 - 337
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPPLEMENTING RESOLUTION NO. 2004-383, WHICH
RESOLUTION NO. 2004-383 AUTHORIZED, AMONG
OTHER THINGS, THE ISSUANCE FROM TIME TO TIME
OF COLLIER COUNTY, FLORIDA LIMITED GENERAL
OBLIGATION BONDS (CONSERVATION COLLIER
PROGRAM) TO FINANCE THE ACQUISITION OF
ENVIRONMENT ALL Y SENSITIVE LAND; ACCEPTING
THE PROPOSAL OF SUNTRUST EQUIPMENT FINANCE
& LEASING CORP. TO PROVIDE THE COUNTY WITH
A LOAN TO FINANCE THE ACQUISITION OF CERTAIN
ENVIRONMENT ALLY SENSITIVE LAND;
AUTHORIZING THE ISSUANCE OF THE COLLIER
COUNTY, FLORIDA LIMITED GENERAL OBLIGATION
BOND (CONSERVATION COLLIER PROGRAM),
SERIES 2008 IN AN AGGREGATE PRINCIPAL
AMOUNT OF NOT EXCEEDING $21,000,000 TO
SUNTRUST EQUIPMENT FINANCE & LEASING CORP.
IN ORDER TO EVIDENCE SUCH LOAN; AUTHORIZING
SUCH BOND TO BE PAYABLE FROM AD VALOREM
TAXATION LEVIED IN AN AMOUNT NOT TO EXCEED
ONE-QUARTER OF ONE MILL ON ALL TAXABLE
PROPERTY WITHIN THE COUNTY; MAKING CERTAIN
COVENANTS AND AGREEMENTS WITH RESPECT TO
SAID BOND; DELEGATING CERTAIN AUTHORITY TO
THE CHAIRMAN AND OTHER OFFICERS OF THE
COUNTY; APPOINTING THE COUNTY AS PAYING
AGENT AND REGISTRAR FOR SAID BOND;
AUTHORIZING THE EXECUTION AND DELIVERY OF
OIlIER DOCUMENTS IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1.
FINDINGS. It is hereby found and determined that:
(A) Pursuant to the Resolution No. 2002-265, adopted by the Board of County
Commissioners (the "Board") of Collier County, Florida (the "Issuer") on June 11, 2002,
lor
the Issuer ordered the holding of a bond referendum election to determine if the qualified
electors of the Issuer would approve the issuance of not exceeding $75,000,000 aggregate
principal amount of limited general obligation bonds payable from ad valorem tax to be
levied in an amount not to exceed one-quarter (1/4) of one mill on all taxable property
within the Issuer for the principal purpose of financing the acquisition of certain
environmentally sensitive land within the Issuer in order to protect water resources,
wildlife habitat and public open space suitable for resource based recreation.
(B) On November 5, 2002, a bond referendum election was held and the
issuance of not exceeding $75,000,000 principal amount of limited general obligation
bonds payable from an ad valorem tax levied on all taxable property within the Issuer in
an amount not to exceed one-quarter (1/4) of one mill was approved by a majority of the
qualified electors of the Issuer voting in said referendum election.
(C) On December 14, 2004, the Board duly adopted Resolution No. 2004-383
(as supplemented hereby, the "Resolution"), which Resolution authorized, among other
things, the issuance of Collier County, Florida Limited General Obligation Bonds
(Conservation Collier Program), Series 2005A (the "Series 2005A Bonds"), which Series
2005A Bonds were issued in the aggregate principal amount of $32,815,000 for the
principal purpose of financing the acquisition of certain environmentally sensitive land
within the Issuer.
(D) The Issuer hereby determines that it is in the best interests of the citizens
and consistent with the goals and purposes of "Conservation Collier" as described in the
Referendum Resolution to acquire certain additional environmentally sensitive land (the
"2008 Project"), as generally described in Exhibit A attached hereto, and as more
particularly described in the plans and specifications related thereto which are on file
with the Issuer.
(E) SunTrust Equipment Finance & Leasing Corp. (the "Initial Purchaser") has
submitted a proposal to provide the Issuer with a loan to finance costs of the 2008
Project, which proposal is attached hereto as Exhibit B.
(F) The Resolution provides for the issuance of Additional Bonds (as defined
in the Resolution) on parity with the outstanding Series 2005A Bonds for the purposes of
acquiring the 2008 Project upon meeting the requirements set forth herein and in the
Resolution.
(G) The Issuer deems it to be in its best interest to accept the proposal of the
Initial Purchaser and to issue its Collier County, Florida Limited General Obligation
Bond (Conservation Collier Program), Series 2008 (the "Series 2008 Bond") to the Initial
Purchaser for the principal purpose of financing the costs of the acquisition of the 2008
2
lOF
Project. The Series 2008 Bond shall be issued on parity in all respects with the Series
2005A Bonds pursuant to the terms of the Resolution.
(H) Due to the present volatility and uncertainty of the market for tax-exempt
obligations such as the Series 2008 Bond, it is in the best interest of the Issuer to sell the
Series 2008 Bond by a negotiated sale to the Initial Purchaser pursuant to the provisions
hereof and of the Resolution, allowing the Issuer to choose the date of issuance of the
Series 2008 Bond rather than issuing the Series 2008 Bond on an advertised date, thereby
permitting the Issuer to obtain the best possible price, terms and interest rate for the
Series 2008 Bond.
(I) The Issuer hereby certifies that no Event of Default (as defined in the
Resolution) has occurred and is continuing and all of the covenants and other provisions
of the Resolution shall apply to the Series 2008 Bond.
(1) All of the representations, warranties and covenants of the Issuer set forth
in the Resolution are confirmed and remade as of the date hereof.
(K) The Resolution provides that the Series 2008 Bond shall mature on such
dates and in such amounts, shall bear such rates of interest, shall be payable in such
places and shall be subject to such redemption provisions as shall be determined by
Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer
determine such provisions, terms and details.
(L) The Series 2008 Bond shall be repaid solely from the Limited Ad Valorem
Tax (as defined in the Resolution) in the manner and to the extent set forth herein and in
the Resolution.
(M) It is necessary at this time that provision be made for the issuance of the
Series 2008 Bond.
SECTION 2. DEFINITIONS. When used in this Supplemental
Resolution, the terms defined in the Resolution shall have the meanings therein stated,
except as such definitions may be hereinafter amended or defined.
SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL
RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of
the Act and the Resolution.
SECTION 4. AUTHORIZATION OF THE 2008 PROJECT. The Issuer
hereby authorizes and approves the acquisition of the 2008 Project. The 2008 Project is
generally described in Exhibit A attached hereto and is more particularly described in the
3
lor
records, plans and specifications on file with the Issuer. The 2008 Project may be
subsequently amended by the Issuer from time to time.
SECTION S. ACCEPTANCE OF PROPOSAL. The Issuer hereby
accepts the proposal of the Initial Purchaser to provide the Issuer with a term loan to
finance the acquisition of the 2008 Project in the form attached hereto as Exhibit B, and
selects Option 2 with respect thereto. To the extent of any conflicts between the
provisions of the proposal and the Resolution, the provision of the Resolution shall
apply.. The Chair, the Clerk and the County Manager are each hereby authorized to
execute and deliver any documents required to formally accept such proposal and the
terms thereof. All actions taken by such officers or their designees with respect to such
proposal prior to the date hereof are hereby authorized and ratified.
SECTION 6. DESCRIPTION OF THE SERIES 2008 BOND. The
Issuer hereby authorizes the issuance of a Series of Bonds in the aggregate principal
amount of not exceeding $21,000,000 to be known as the "Collier County, Florida
Limited General Obligation Bond (Conservation Collier Project), Series 2008" (or such
other series designation as the Chair may determine), for the principal purpose of
financing all or a portion of the acquisition of the 2008 Project. The aggregate principal
amount of the Series 2008 Bond to be issued pursuant to the Resolution shall be
determined by the Chair provided such aggregate principal amount does not exceed
$21,000,000.
The Series 2008 Bond shall be dated as of its date of delivery to the Initial
Purchaser, shall be issued in the form of one, fully registered term bond in the
denomination of its aggregate principal amount, and shall be numbered "R-l." The text
of the Series 2008 Bond shall be substantially in the form set forth in Section 2.10 of the
Resolution with such changes as the Bank and the Issuer may mutually agree. The Series
2008 Bond shall bear interest from its dated date at a fixed interest rate per annum equal
to 4.138% (the "Interest Rate"). The Interest Rate shall be calculated on a 30/360-day
basis and is subject to adjustment as provided in Section 10 hereof. Interest shall be
payable semi-annually, on January I and July 1 of each year (the "Interest Dates"),
commencing on July I, 2009, as set forth in the debt service schedule to be attached to
the Series 2008 Bond. The Series 2008 Bond shall mature on January 1,2013 and the
principal of the Series 2008 Bond will be subject to mandatory sinking fund redemption
in Amortization Installments commencing on January 1, 2010 and on each January 1
thereafter through the maturity date, the principal amounts of such Amortization
Installments to be determined by the Chair and approved by the Initial Purchaser prior to
the issuance of the Series 2008 Bond and set forth in the debt service schedule to be
attached to the Series 2008 Bond; provided, however, notwithstanding any other
provision of the Resolution to the contrary, the Issuer shall not be required to give the
holder of the Series 2008 Bond any notice of redemption with respect to the scheduled
4
lor ..
payment of such Amortization Installments. When the Series 2008 Bond has been paid
in full accordance with the terms of the Resolution and of the Series 2008 Bond, the
holder shall, upon request of the Issuer, cancel the Series 2008 Bond and deliver it to the
Issuer or shall otherwise provide evidence to the Issuer that such Series 2008 Bond has
been cancelled. The Series 2008 Bond shall be sold on a negotiated basis to the Initial
Purchaser at a purchase price equal to 100% of the aggregate principal amount thereof.
The Interest Rate on the Series 2008 Bond shall comply in all respects with Section
215.84, Florida Statutes.
Principal and interest on the Series 2008 Bond shall be payable by check, draft,
bank wire transfer or in such other manner as is agreed to between the Issuer and the
holder of the Series 2008 Bond, made payable to and distributed to the holder in whose
name such Bond shall be registered at the close of business on the date which shall be the
fifteenth day (whether or not a Business Day) of the calendar month next preceding each
Interest Date. All payments of principal and interest on the Series 2008 Bond shall be
payable in any coin or currency of the United States of America which at the time of
payment is legal tender for the payment of public and private debts. The Issuer shall
keep registration books and records as to the holder or holders of the Series 2008 Bond
and shall act in the capacity of Paying Agent and Registrar for purposes of the
Resolution.
SECTION 7. LIMITED GENERAL OBLIGATION OF THE ISSUER.
The Series 2008 Bond shall be a limited general obligation of the Issuer secured by and
payable from the Limited Ad Valorem Tax as provided in the Resolution, particularly
Section 4.01 thereof. The Series 2008 Bond shall be on parity in all respects and shall
rank equally as to lien on and source and security for payment from the Limited Ad
Valorem Tax with the Series 2005A Bonds and any other Additional Bonds that may
hereafter be issued.
SECTION 8. REDEMPTION PROVISIONS FOR SERIES 2008
BOND. The Issuer may redeem the Series 2008 Bond, in whole or in part, at any time or
from time to time by paying to the holder thereof the principal amount of the Series 2008
Bond to be prepaid, together with the unpaid interest accrued on the amount of principal
so redeemed to the date of such redemption, plus a redemption premium equal to three
percent (3.00%) of the principal amount so redeemed. Notwithstanding the foregoing,
the Issuer may redeem the Series 2008 Bond in part only once per calendar year.
Each redemption of the Series 2008 Bond shall be made on such date and in such
principal amount as shall be specified by the Issuer in a notice delivered to the holder of
the Series 2008 Bond not less than thirty (30) days prior thereto specifying the principal
amount of the Series 2008 Bond to be redeemed and the date of such redemption. So
long as the Issuer provides such notice of redemption, the provisions of Section 3.03 of
5
lOF
the Resolution shall not apply with respect to the Series 2008 Bond. Upon any
redemption as provided herein and in the Resolution, the holder of the Series 2008 Bond
and the Issuer shall mutually agree to a revised amortization schedule for the outstanding
principal amount, if any, of such Series 2008 Bond and the holder of the Series 2008
Bond shall provide the County with evidence of such revised amortization.
Amortization Installments for the Series 2008 Bonds shall be determined in
accordance with Section 6 hereof. Notwithstanding any other provision hereof or of the
Resolution to the contrary, the Issuer shall not be required to give the holder of the Series
2008 Bond any notice of redemption with respect to the scheduled payment of such
Amortization Installments.
SECTION 9. APPLICATION OF SERIES 2008 BOND PROCEEDS.
The proceeds derived from the sale of the Series 2008 Bond shall be applied by the Issuer
as follows:
(A) A sufficient amount of the Series 2008 Bond proceeds shall be held by the
Issuer to pay costs and expenses associated with the issuance of the Series 2008 Bond,
including but not limited to a fee of $5,500 for counsel to the Initial Purchaser.
(B) The remaining proceeds of the Series 2008 Bond shall be deposited into an
account established in the Project Fund and shall be used to pay to costs of the 2008
Project.
SECTION 10. ADJUSTMENTS TO INTEREST RATE. (A) In the event
of a Determination of Taxability (as defined below), the Interest Rate on the Series 2008
Bond shall be increased to such rate as shall provide the holder thereof with the same rate
of return that the holder would have otherwise received on the Series 2008 Bond taking
into account the increased taxable income of the holder of the Series 2008 Bond as a
result of such Determination of Taxability (the "Adjusted Rate"); provided, however,
such Adjusted Rate shall never exceed the maximum rate allowable by law. Immediately
upon a Determination of Taxability, the Issuer agrees to pay to the holder of the Series
2008 Bond subject to such Determination of Taxability the Additional Amount.
"Additional Amount" means (i) the difference between (a) interest on the Series 2008
Bond for the period commencing on the date on which the interest on the Series 2008
Bond (or portion thereof) loses its tax-exempt status and ending on the earlier of the date
the Series 2008 Bond ceased to be outstanding or such adjustment is no longer applicable
to the Series 2008 Bond (the "Taxable Period") at a rate per annum equal to the Adjusted
Rate and (B) the aggregate amount of interest payable on the Series 2008 Bond for the
Taxable Period under the provisions of the Series 2008 Bond, plus (ii) any penalties,
fines, fees, costs and interest paid or payable by the holder of the Series 2008 Bond to the
Internal Revenue Service by reason of such Determination of Taxability.
6
lQF
For purposes of this Section 10, "Determination of Taxability" shall mean the
circumstance of interest paid or payable on the Series 2008 Bond becoming includable
for federal income tax purposes in the gross income of the holder thereof as a
consequence of any act, omission or event whatsoever and regardless of whether the
same was within or beyond the control of the Issuer. A Determination of Taxability will
be deemed to have occurred upon (x) the receipt by the Issuer or the holder of the Series
2008 Bond of an original or a copy of an Internal Revenue Service Technical Advice
Memorandum or Statutory Notice of Deficiency or other official letter or correspondence
from the Internal Revenue Service which holds that any interest payable on the Series
2008 Bond is includable in the gross income of such holder; (y) the issuance of any
public or private ruling of the Internal Revenue Service that any interest payable on the
Series 2008 Bond is includable in the gross income of the holder thereof, or (z) receipt by
the Issuer or the holder of an opinion of a Bond Counsel that any interest on the Series
2008 Bond has become includable in the gross income of the holder for federal income
tax purposes. For all purposes of this definition, a Determination of Taxability will be
deemed to occur on the date as of which the interest on the Series 2008 Bond is deemed
includable in the gross income of the holder of the Series 2008 Bond.
(B) If the Maximum Corporate Tax Rate (as defined below) as applicable to the
holder of the Series 2008 Bond decreases from 35%, the Interest Rate otherwise borne by
the Series 2008 Bond shall be increased to the product obtained by multiplying the
interest rate otherwise borne by the Series 2008 Bond by a fraction, the numerator of
which is I minus the Maximum Corporate Tax Rate as decreased and the denominator of
which is .65.
For purposes of this Section 10, "Maximum Corporate Tax Rate" shall mean the
highest marginal United States federal income tax rate applicable to the taxable income
of corporations without regard to any increase in tax designed to normalize the rate for all
income at the highest marginal tax rate, which as of the date hereof is 35%.
(C) If any holder ofthe Series 2008 Bond has not received payment of principal
and interest within ten (10) days after it becomes due, regardless of whether any holder
has declared an event of default under the Resolution, the Issuer shall be subject to and
required to pay additional interest at an interest rate equal to 12.0% per annum for the
total number of days for which the late payment is past due.
SECTION 11. PROVISION OF INFORMATION. (A) The Issuer will
furnish to the holder of the Series 2008 Bond within 180 days after the close of each
fiscal year of the Issuer a copy of the annual audited financial statements of the Issuer.
The Issuer shall provide the holder with a copy of the adopted annual budget of the Issuer
each year within 30 days of the adoption of such budget. The Issuer shall also provide
7
....._._._.~_".,,_~u_._.,______,_____.+_'__,______.____,"_'_'~'__.~'''''_'_"_'',,,.'_
lOF ~
the holder of the Series 2008 Bond any other information that the holder shall reasonably
request in writing.
(B) The holder of the Series 2008 Bond shall have the right to inspect all
pertinent books, records, accountings, statements or other documentation as may relate to
the Bonds, the 2008 Project, the security for the Bonds, any of the funds and accounts
established under the Resolution, or any other provision of the Resolution, regardless of
the outstanding principal amount of the Series 2008 Bond.
SECTION 12, GENERAL AUTHORITY. The members of the Board, the
County Manager, the Clerk and the officers, attorneys and other agents or employees of
the Issuer are hereby authorized to do all acts and things required of them by this
Supplemental Resolution, the Resolution, or desirable or consistent with the requirements
hereof or the Resolution for the full punctual and complete performance of all the terms,
covenants and agreements contained herein, in the Series 2008 Bond and in the
Resolution, and each member, employee, attorney and officer of the Issuer or the Board,
the County Manager and the Clerk is hereby authorized and directed to execute and
deliver any and all papers and instruments and to do and cause to be done any and all acts
and things necessary or proper for carrying out the transactions contemplated hereunder.
If the Chair is unavailable or unable at any time to perform any duties or functions
hereunder the Vice-Chairman of the Board is hereby authorized to act on his or her
behalf.
SECTION 13. SEVERABILITY AND INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provision of law or contrary to the policy of express law, though
not expressly prohibited or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed separable and stricken solely to the extent required by law from the
remaining covenants, agreements or provisions and shall in no way affect the validity of
any of the other provisions hereof or of the Series 2008 Bond.
SECTION 14. RESOLUTION TO CONTINUE IN FORCE. The Series
2008 Bond shall be issued pursuant to the Resolution. Except as herein expressly
provided, the Resolution and all the terms and provisions thereof are and shall remain in
full force and effect.
8
lQF ,~
SECTION 15. EFFECTIVE DATE. This Supplemental Resolution shall
become effective immediately upon its adoption,
DULY ADOPTED, in Regular Session this 18th day of November 2008.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO TY, FLORIDA
(SEAL)
ATTEST: .
(>.'
~;~'CLuu ffl. - ~O.C
C tkA TTEST:~< ,. .' {)
- pWIGf11EdlmOCl<, CLERK
APPROVED AS TO FORM AND
LEGAL SUEZ:~ L
ounty Attorney
~'-SI; I{--li-t f
"
9
Item # lDE.-
Agenda 11.A /n~
Date UJ.O..JL!
Date I \/lQ..f) ~
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EXHIBIT A
DESCRIPTION OF 2008 PROJECT
The 200S Project generally consists of the acquisition of ten parcels of property
consisting of approximately 2,511.9 acres of real property located in the Lake Trafford
Area and commonly known as Pepper Ranch.
EXHIBIT B
PROPOSAL OF SUNTRUST EQUIPMENT FINANCE & LEASING CORP.
"-'_'__'_""_~_________'___"_""_"'_'___"".'_"~'_' .' "." .____~_~.._.o._.,_______,,_..',_.,..~...._""_~~.____._,____._.....~_____"'_
lQF ~.~
MEMORANDUM
Date:
November 25, 2008
To:
Mary Beck, Executive Secretary
Administrative Services Division
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-341: A procedure allowing for
reimbursement of mileage expenses for advisory
board members.
Attached for your records you will find an executed. copy of the document
referenced above (Agenda Item #10G), adopted by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has retained the original document for
the Board's permanent record.
[fyou should have any questions, please call me at 774-8406.
Thank you.
Attachment (I)
lOG
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ITEM NO.: ~. ~-OCDI'-I:
DA TE RECEIVED:
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FILE NO.:
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DO NOT WRITE ABOVE THIS LINE (orig, 9/89)
REQUEST FOR LEGAL SERVICES
Date: 10-30-08 VIA EMAIL
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TO: Jeffrey A, Klatzkow, County Attorney
FROM: Len Price, Administrative Services Division (8908)
SUBJ: Establish policy allowing travel expense reimbursement to advisory board members
(per 10-14-08 BCC Meeting)
BACKGROUND OR REQUEST/PROBLEM:
This item has/has not been previously submitted.
ACTION REQUESTED:
Draft Resolution - review executive summary for legal sufficiency
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ) 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO · G
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otl1ce. 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
exec tion of the Chainnan's si nature, draw a line thrall h routin lines # 1 thrau h #4, com lete the checklist and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2,
3, Sue Filson, Ex
Board of County Commissioners
4. 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 stafffor additional or missing
infonnation, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item)
Name of Primary Staff Mary Beck Phone Number 252-3646
Contact
Agenda Date Item was November 18, 2008 Agenda Item Number lOG - County Manager's Report
Annroved bv the BCC
Type of Document Resolution to replace and supersede Number of Original I
Attached Resolution No. 93224 to establish a policy Documents Attached
relating to all CC Advisory Boards which
permits reimbursement oftravd expenses
for advisory Board Members \vho must
travel in excess 01'20 miles RIT to attend
mectim:1s.
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman. with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date 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 tbe BCC on 11/18/08 and all cbanges made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
D ~"'Dl./i
Yes
(Initial)
Yes
N/A(Not
A licable)
2,
N/A
3,
Yes
4,
Yes
5,
6,
Yes
I: Fonns/ County Fonns/ Bee Forms/ Original Do{;umcnb Routing Slip WWS OriginaI9.U3.04, Revised 1.26.05, Revised 2.24,05
lOG
RESOLUTION NO. 2008- 341
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING
RESOLUTION NO. 93-224, IN ORDER TO ESTABLISH A POLICY
RELATING TO ALL COLLIER COUNTY ADVISORY BOARDS, WHICH
PERMITS REIMBURSEMENT OF TRAVEL EXPENSES FOR
ADVISORY BOARD MEMBERS WHO MUST TRAVEL IN EXCESS OF
20 MILES ROUNDTRIP TO ATTEND MEETINGS.
WHEREAS, on October 23, 2001, the Board of County Commissioners repealed
Ordinance No. 86-41, as amended, in its entirety, and adopted Ordinance No. 01-55, which now
governs the creation and review of Collier County Boards and provides a policy declaration; and
WHEREAS, both Ordinance 86-41 and the superseding Ordinance No. 01-55, as
amended, define a "board" to include every agency, advisory board, regulatory board, quasi-
judicial board, committee, task force or any other group created and funded in whole or in part by
the Board of County Commissioners; and
WHEREAS, on June 1, 1993, the Board of County Commissioners through adoption of
Resolution No. 93-224, established a policy of non-reimbursement for any in-County travel
expenses incurred by board members defined by then-current Ordinance No. 86-41, as amended;
and
WHEREAS, Ordinance No. 01-55, as amended, is silent as it relates to reimbursement for
in-County travel expenses incurred by members of the boards defined therein; and
WHEREAS; in light of recent, dramatic increases in fuel prices, the Board of County
Commissioners desires to revise its policy of non-reimbursement for travel expenses to avoid
placing undue hardships on advisory board members who must travel in excess of 20 miles
roundtrip to attend their board meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby establishes a policy which provides for
reimbursement of mileage expenses incurred by advisory board members who must travel
in excess of 20 miles roundtrip to attend their advisory board meetings.
2. The Board of County Commissioners shall from time to time review and approve the
process and funding source for administering this policy.
3. This Resolution shall supersede and replace Resolution No. 93-224.
Page 1 of2
lOG
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,
f(j :f,J
this -f-iL- day of November. 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, LORIDA
,:,\.; . t '~;,'__'
BY:~/~O(.
Attt-t .; 'to ~,' ,~. Clerk
"~ 01111 c'
Ap 0ved as to fQtin
and tiS!!l ciency.:
,
HENNING. C
AN
mey
Item# J()("')
Agenda I'...-I~~D&
Date ~
~~~d U--'4S1b
Page 2 of2
ORIGINAL DOC~IENTS CHECKLIST & ROUTING SLIP! O. M
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
-documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line through routing lines #1 throua #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 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
Approved by the BCC
Type of Document
Attached
1.::k~
2.
J(&t +2.Ic6W
~
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
- Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Vl-
t.~~ tck
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
ap 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 exceptthe BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have Deen 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
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 required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be pro'{ided to Sue Filson in the BCC office within 24 hours of Bce approval.
Some documehts are time sensitive and require forwarding to Tallahassee within a certain
time frame or,the BCC's actions are nullified. Be aware of your deadlines!
6.. -The.document.was..appm\'ed-by-the-BCC-on -... .6i.--~enter-date).and.all-Ghanges
made during the meeting have been incorporated in the attached document. The
COUll Attorne's Office has reviewed the chan es, if a licable.
:~
IO/VI.
r:2
Yes
(Initial)
N/ A (Not
A licable)
71-i
TN
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
10M
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign the Interlocal Agreement between Collier
County and the City of Naples Regarding Parks and Recreation in the sum
of $1,000,000 per annum
Objective: To continue to provide free parking to all County residents at beach areas and
related parking sites within the City of Naples as well as provide the use of all of the City
of Naples' Parks, Recreational Facilities and Recreational Programs to residents of
unincorporated Collier County on the same terms and conditions as those afforded to
residents of the City of Naples.
Considerations: Since 1987 the City of Naples and Collier County have maintained an
interlocal agreement under which all residents of Collier County may obtain beach
parking stickers valid for free parking at any County or City beach designated parking
location.
On April 22, 2008, the Board of County Commissioners directed staff to develop an
interlocal agreement between the City of Naples and Collier County for a $lM payment
for ten years to provide for county use of City Parks and Recreation amenities.
On July 22, 2008, the Board of County Commissioners approved an agreement between
the City of Naples and Collier County for a $IM payment for ten years for county use of
City Parks and Recreation amenities.
On October 15,2008, the City of Naples Council ratified the agreement; however, they
have requested the following alterations to the original agreement.
1. The Agreement shall become effective as of October 1, 2008, and unless
otherwise modified by written agreement will end September 30, 2018. After the
third year, either party may terminate this Agreement by written notice to the
other, at least 180 days prior to the end of each fiscal year.
2. The first and second year payments (FY 2009 and FY 2010) to the City shall be
$1,000,000 (one million dollars) for each fiscal year. Commencing October 1,
2010, and each fiscal year thereafter, this payment will be adjusted, upward or
downward, by multiplying the $1,000,000 base payment by an adjustment factor.
The adjustment factor will be the ratio of ad valorem taxes paid to the County's
General Fund by property owners located within the City in the fiscal year just
ended, divided by the ratio of ad valorem taxes paid to the County's General Fund
by property owners located within the City during the fiscal year ending
September 30, 2008.
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10M
10M
Leoal Consideration: The proposed Interlocal Agreement is legally sufficient for
Board of County Commissioners' consideration and to take action.
Fiscal ImDact: Funds are budgeted in FY 2009 with $500,000 being budgeted in Parks
and Recreation General Fund 001 and the remaining $500,000 are budgeted in other G &
A MSTD General Fund 111.
Growth Manaoement ImDact: This action furthers the directive of Policy 1.3.2 of the
Recreation and Open Space Element of the Growth Management Plan: "Continue to
ensure that access to beaches, shores, and waterways remains available to the public."
Recommendation: Recommendation that the Board of County Commissioners
approve and authorize the Chairman to sign the Interlocal Agreement between Collier
County and the City of Naples Regarding Parks and Recreation for reciprocal beach
parking and equal rights and privileges to all City facilities and recreation programs for
an annual payment by the County in the sum of $1,000,000.
PreDared by: Barry Williams, Director, Parks and Recreation Department
MEMORANDUM
Date:
November 26, 2008
To:
Tona Nelson Sr. Admin. Assistant
Parks & Rec. Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement between Collier County and
City of Naples for use of city recreational facilities
for the period ending September 30, 2018
Enclosed for your records you will find an original agreement, referenced
above (Agenda Item #10M), which was approved by the Board of County
Commissioners on Tuesday, November 18,2008.
After recording the other original agreement will be kept for the Board's
official record. A copy of the recorded agreement will also be sent to the
County Attorney's Office.
If you have any questions, please call me at 252-8406.
Thank you.
Enclosures (1)
10M
MEMORANDUM
Date:
December 10,2008
To:
Tona Nelson Sr. Admin. Assistant
Parks & Rec. Department
From:
Ann J ennej ohn, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement between Collier County and
City of Naples for use of city recreational facilities
for the period ending September 30, 2018
Enclosed please find one (l) copy of the recorded original agreement
referenced above (Agenda Item #10M) approved by the Board of County
Commissioners on Tuesday, November 18,2008.
The original recorded agreement will be kept for the Board's official record. A
copy of the recorded agreement has been sent to Mr. Klatzkow in the County
Attorney's Office.
If you have any questions, please call me at 252-8406.
Thank you.
Enclosures (l)
10M .~
MEMORANDUM
Date:
December 10, 2008
To:
Jeff Klatzkow
County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement between Collier County and
City of Naples for use of city recreational facilities
for a period ending September 30, 2018
Enclosed please find one (1) copy of the recorded original agreement
referenced above (Agenda Item #10M) approved by the Board of County
Commissioners on Tuesday, November 18,2008.
The original will be kept as part of the Board's permanent record in the
Minutes and Records Department.
If you have any questions, please call me at 252-8406.
Thank you.
Enclosure (1)
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,
INTERLOCAL AGREEMENT BETWEEN
. .
COLLIER COUNTY AND THE CITY OF NAPLES
. REGARDING PARKS AND RECREATION
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this
l~-\-\.... day of ~~.".~ \:,~ , 2008, by and between Collier County, Florida ("County")
and the City of Naples, Florida ("City").
RECITALS:
WHEREAS, residents from the unincorporated areas of Collier County currently enjoy
recreating within facilities owned and operated by the City of Naples, including but not limited
to, Fleischman Park and beach areas and related parking areas within the City of Naples; and
WHEREAS, the parties have over the years entered into separate interlocal agreements
concerning the City's Parks and Recreational areas, including but not limited to an Interlocal
Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, which
agreement expired September 8, 2008; and
WHEREAS, Collier County and the City wish to enter into a long term agreement which
would allow residents from unincorporated Collier County to use and enjoy all of the City's
Parks, Recreational faciliti~s and Recreational Programs, on the same basis as those afforded to
City residents; at).d
WHEREAS, the City is willing to allow the use of all of its Parks, Recreational Facilities
and Recreational Programs to residents of unincorporated Collier County on the same terms and
conditions as those afforded to residents of the City in exchange for an annual payment by the
County in the sum of$1,000,000, as adjusted in the manner set forth below.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained hetein, the parties agree 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.
1
...
2. This Agreement shall become effective as of October
otherwise modified by written agreement, will end September 30, 2018. After the third year,
either party may terminate this Agreement by written notice to the other, at least 180 days prior
to the end of each fiscal year.
3. County residents shall be afforded the same rights and privileges as those granted
to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
shall pay the same fees and have access to the same parking as City residents.
4. With respect to beach access:
A. The City and the County hereby continue their established reciprocal
beach parking program whereby all residents of Collier County may obtain a
beach parking sticker valid for free parking at any County or City beach parking
location.
OR: 4409 PG: 3952
1, 2008, anI OM
B. The City will operate a beach patrol and maintenance program within the
City to provide for beach and beach parking regulation enforcement, beach and
beach parking cleanup, and beach and beach parking maintenance.
C. For the term of this Agreement the City agrees to provide at least 1048
parking spaces located at street beach ends or City Beach Parks that will be
available for vehicles of County residents with valid beach parking stickers.
These spaces may be metered, restricted for permit parking, or handicapped
parking spaces as determined by the City. All spaces regardless of designation
will be made equally available at no cost to City and County residents.
5. The first and second year payments (FY 2009 and FY 2010) to the City shall be
$1,000,000 (one million dollars) for each fiscal year. Commencing October 1, 2010, and each
fiscal year thereafter, this payment will be adjusted, upward or downward, by multiplying the
$1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad
valorem taxes paid to the County's General Fund by property owners located within the City in
the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General
Fund by property owners located within the City during the fiscal year ending September 30,
2008.
6. A $500,000 payment due shall be paid to the City not later than March 31 of each
fiscal year. The remainder of the annual payment shall be paid not later than September 30 of
2
'"
*** OR: 4409 PG: 3953 ***
10M
each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5
above.
7. All notices required under this Agreement shall be directed to the following
offices:
For the County:
Office of the County Manager
3301 East Tamiami Trail
Naples, Florida 34112
For the City:
Office of the City Manager
735 Eighth Street South
Naples, Florida 34102
8. With respect to the subject matter herein, this Agreement is the entire agreement
between the parties, superseding all previous oral and written representations, understandings,
and agreements between the parties. This Agreement can only be changed by a writing signed
by both parties. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
yearfirsiaJJove. wri!t~n:
ATTEST:
'~" ...-:
~~~
ATTEST: "",
Dw,,~t:E~~C~, Clerk
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Appr e
and I a
BOARD OF COMMISSIONERS
COLLIER COUNT FLORIDA
L,
AN
Date
Approved as to form and
legal sufficiency:
1?.,wU. ~
Robert D. Pritt, ity ttomey
3
bG,~ 105w.;61~
JULY 20, 1907
Tn answer to cO"I~ission0r Glass, Mr. Duane stated that Stipulation
"x" is no longer being required by the Fire Department, since access
through Imperial has been resolved.
^ttorncy Frank Ilakcr, representing whispering [lines, Inc. stated
that the emergc~cy access on Eastwood Drive in Palm River will no
longer be ncccssnry bcc~usc Lhey will h~vc a new [ire st~tion near
Livingston Road and that access will be sufficient. ~Ie stated that
they have met wi th the Imperial Golf Estates Homeo....ners Association
~nd rcached an access agreement. lie stated that in the ~greement the
petitioner has agreed to certain conditions. lie outlined those con-
ditions as: 1) heavy equipment will use an alternate route and 2)
access through Imperial Colf Estates will not be used until Livingston
Road is in place.
Mr. Baker stated that many people feel that Airport Road should
not be extended. He said that if Airport Road were to be extended
straight north it will go through a very sensitive existing cypress
head and permits will be difficult to obtain. He stated that
Livingston Roa~ will turn and pick up the corner of the petitioner's
property and will be within 1 mile of the Airport Road extension.
In answer Lo Chairman 11as50, Mr. Dakor staLed they have several
options on the access ror heavy equipment. He said that one option is
to seek approval to go through Quail Crossing and the other is to use
the current utility casement systems. He noLed that once the heavy
equipment is in place lL will remain on the property. He also noted
Page 4
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J 2 C-a:.
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JULY 20, 1907
area on a map showing that the extension oC ^irport Road would be in
very close proximity to Livingston Road.
Mr. Archibald stated that it is preferable to extend Airport Road
just a little and curve it to tie into Livingston Road. He said, if
more northern routes arc nceded in 30 years, Goodlcttc-Trank Road
could be extended north of Immokalce Road. lIe stated that the distant
goals can still be mel without the extension to ^irport Road. In
answer to Commissioner Pistor, Mr. Archibald also stated that there
are also houses along the section lines involved with extending
Airport Road.
Mr. Archibald then recommended that the Board consider the addi-
tional lanc3 to LivingJton Road.
Mr. Edward Malone, representing the rmp~ridl Golf Estates
Homeowners Association, stated that after s~vcral meetings with the
petitioner, the ^ssociation has voted, by a margin of over 70%. in
favor of the agreement.
commissioner Glass moved, seconded by commissioner Goodnight and
carried unanimously, that the public hearing be closed.
Tape 13
Commissioner Glas~ moved, seconded by commissioner Pistor and
carried unanimously, that the ordinance as numbered and titled below
be adopted and entered into Ordinance Book No. 27 with the following
stipulations:
1. All statt stipulations
page 7
!"'~ 105,,' 621
b;C, 1.05",,62'2
JULY 2B, 1987
2. Heavy equipment ba brought to the property through the
F.P.' L easoment.
3. Day to day traffic using cypress way, East be limited to 5
tons.
4. ~ right-of-way for Airport Road is not to be levied against
this developer.
S. It is requested that the petitioner meet with statf to expe-
dite the construction of Livingston Road.
OROINnNCE NO. 87-55
AN ORDIN^NCf. AMENDING ORDINANCE 82-2 THE:
COl'lPRF.llENS JVF: ZONING REGULATIONS FOR THE
U"'~lNCOI(I'0r(^TED AREA OF CQI.I,IER COUNTY, fLORIDA, ny
AHENOING Til[ OffICIM.. ZONING ATLAS MAP NUMBER
118-25-6 IW CHANGING TilE: ZONING CLASSIFICATION OF
THE IIr:tH:IN Df.SCRIl3ED PROPEi~TY LOCATED APPROXIMA'fELY
1 1'1tLI': NOW!'ll OF IMMOKALEf. ROAD, JUST EAST OF"
IMPf.IHAI. GOLF EST^TES, SOUTH 1/2 or 'rilE SOUTHWEST
1/11 OF SI-:C-rfON 13, TOWNSHIP 118 SOU1'II, RANGE 25
EAST, + 82 ACrES, FROM ^-2 TO [~SF- 3 FOR 150
[)''''[~LLfNG UNITS; AND BY PROVJDINC fort AN EfFCCTIVE
DATE.
Se. pages' ~ 7f - &, III
Item '6B2
ORDINANCE 87-56, PETITION R-87-SC, YOUNG, VAN ~SSENDERP, VARNADOE ~ND
BENTON, P.A., REPRESENTING PORT OF THE ISLANDS, INC., REQUESTING A
REZONE FROM C-4 TO RMF-16 FOR MULTI-FAMILY UNITS - ADOPTED
Legal notice h~ving been published in Lhe Naples Daily News on
June 26, 1907, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing WbS opened to consider an amendment to the
Comprehensive Zoning Hcgulalions by changing the zoning classification
of property located on the cast side of Newport Drive approximately
1,500 feet south of U. S. ~J.
planner Duane stated that this request to rezone a .5S acre tract
Page B
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EA(~(oMM. REC'D COP~
DF W)TH FC JC
Harvey Ruvin
CLERK OF THE CIRCUIT AND COUNTY COURTS
Miami-Dade County, Florida
'".1,1:.["
::". "J;,;I, ,
n
"~,..
CLERK OF THE BOARD OF COUNTY COMMISSIONERS
STEPHEN p, CLARK MIAMI-DADE GOVERNMENT CENTER
SUITE 17-202
111 N'w,1stStreet
Miami, FL 33128-1983
Telephone: (305) 375-5126
October 20, 2008
Honorable Frank Halas
Commissioner, District 2
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Dear Commissioner Halas:
A copy of Resolution No. R-1066-08, adopted on October 7, 2008, is provided to
you at the request of the Miami-Dade County Board of County Commissioners,
If you have any questions or need additional information, please contact our office.
Respectfully yours,
HARVEY RUVIN, Clerk
Circuit and County Courts
~'<) y/d.t~~
By:
Kay Sullivan, Director
Clerk of the Board Di vision
KS:fcd
Attaclunents
Central Depository - Civil Division -- Clerk of the Board Code Enfon:;ement Comptroller I Auditor - County Recorder
-- Criminal Division -- District Courts Division Family Courts Division -- Human Resources / Administrative Services-
Juvenile Division - Marriage License Parking Violations Records / Archives Management -- Technical Services
Division Traffic Division V.A,B.
Clerk's web address: www.miami-dadeclcrk.com
OFFICIAL FlU: COl'Y
CLERK OF TIL& BOARD
OF COtlNTI COMMISSIONERS
~U.u.n-.oADE COm."TY, nOlUDA
MEMORANDUM
Resolution R-1066-08
Agenda Item No_ 11(A) (12)
15
TO:
Honorable Chairman Bruno A. Barreiro DATE:
and Members, Board of County Commissioners
FROM: R, A, Cuevas, Jr.
County Attorney
October 7, 2008
SUBJECT: Resolution opposing the State
of Florida leasing Alligator Alley
to a privatc linn
The accompanying resolution was prepared and placcd on the agenda at the request of Prime
Sponsor Commissioner Katy Sorenson and Co-Sponsor Commissioner Rebeca Sosa,
M~-~
R, A. CUCWlS, Jr. }
County Attorney
RAClcp
RfS0207X
15
MEMORANDUM
(Revised)
TO:
Honorable Chairman Bruno A, Barreiro DA TE:
and Members, Board ofCounly Commissioners
October 7, 2008
FROM ~,:l
County Attorney
SUBJECT: Agenda Hem No, H(Al (12)
Please note any items checked.
"4-Day Rule" ("3-Day Rule" for committees) applicable if 'raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
Housekeeping item (no policy decision required)
No committee review
.J-
15
Approved
Veto
Override
Mayo,
Agenda Item No, 11(A) (12)
10-7-08
RESO_LunON NO,
R-1066-08
RESOLUTION OPPOSING THE STATE OF FLORIDA
LEASING ALLIGATOR ALLEY TO A PRIVATE FIRM;
OPPOSrNG ANY DIVERSION OF ALLIGATOR ALLEY
REVENUE A WAY FROM EVERGLADES RESTORA nON
AND SOUTH FLORIDA ROAD PROJECTS; URGING THE
LEGISLATIVE BUDGET COMMISSION NOT TO APPROVE
ANY LEASE OF ALLIGATOR ALLEY; URGING THE
LEGISLATURE TO REPEAL STATUTES AUTHORIZING
FOOT TO LEASE ALLIGATOR ALLEY TO A PRIVATE FIRM
WHEREAS, Alligator Alley is a 78 mile section of Interstate 75 connecting Southeast
Florida and Southwest Florida; and
WHEREAS, during Fiscal Year 2007, approximately 8.3 million toll transactions on
Alligator Alley produced approximately $23.5 million in revenues, while operations and
maintenance costs for that same period were approximately $6,1 million; and
WHEREAS, pursuant to section 338,26, Florida Statutes, most toll revenues generated
in excess of the amount needed to meet operate and maintain Alligator Alley, pay outstanding
contractual ohligations, and pay for certain legislatively-approved projects, are used for
Everglades restoration; and
WHEREAS, during the 2007 regular legislative session, the Florida Legislature passed
HB 985 (Chapter 2007-196, Laws of Florida), an omnibus transportation bill, which included a
provision that authorized the Florida Department of Transportation (FOOT) to lease to a private
firm state toll roads such as Alligator Alley and the Sunshine Skyway Bridge in the Tampa Bay
area, but not the Florida Turnpike; and
WHEREAS, HB 985 provided that such leases would not need to be approved by the
Florida Legislature, but instead need only be approved by the Legislative Budget Commission, a
statutorily-created subset of the Legislature designed to approve mid-year budget revisions; and
3
Agenda Item No. 11 (Al (12)
Page No 2
15
WHEREAS, pursuant to the authority provided in HB 985, FOOT in April issued a
Request for Qualifications (RFQ) to lease, maintain, operate and receive toll revenues from
Alligator Alley through a Concession Agreement for between 50 and 75 years; and
WHEREAS, in recent months, concerns have been expressed that leasing Alligator Alley
to a private firm might result in a reduction in Everglades restoration funding, in an increase in
tolls from the current $2.50 to as much as $10.00, in Alligator Alley ineome being diverted away
from South Florida; and in Alligator Alley as a public asset, being placed in the hands of private
firms, including foreign firms; and
WHEREAS, FOOT has currently re-issued an RFQ with further clarifications and
eontinues to move forward with plans to lease Alligator Alley to a private firm for between 50
and 75 years,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section I.
Opposes any legislative or administrative action that would lease Alligator
Alley to a private firm.
Section 2.
Opposes any diversion of Alligator Alley revenue away from Everglades
Restoration and South Florida road projects.
Sedilln 3.
Urges the Legislative Budget Commission not to approve any lease of
Alligator Alley to a private firm.
Section 4.
Urges the Florida Legislature to repeal statutes authorizing FOOT to lease
Alligator Alley to a private firm.
Sectilln 5.
Directs the Clerk of the Board to transmit certified copies of this
resolution to the Governor, the Chair and Members of the Miami-Dade State Legislative
Delegation, the Mayor and Members of the Broward County Board of County Commissioners,
q-
------ - .-, -'~--
R -1066-08
15
Agenda Item No. II (1\) (12)
Page No.3
the Chair and Members of the Collier County Board of County Commissioners, and the
Secretary of the Florida Department of l' ran sport at ion,
Section 6.
Directs the County's state lobbyists to advocate for the issues identified in
Sections] through 4 above, and directs the Office of Intergovernmental Affairs to include this
item in the 2009 state legislative package.
The Prime Sponsor ofthe foregoing resolution is Commissioner Katy Sorenson, and the
Co-Sponsor is Commissioner Rebeca Sosa, It was offered by Commissioner Rebeca Sosa
who moved its adoption, The motion was seconded by Commissioner Jose "Pepe" Diaz
and upon being put to a vote, the vote was as follows:
Bruno A. Barreiro, Chairman aye
Barbara J. Jordan, Vice-Chairwoman aye
Jose "Pepe" Diaz aye Audrey M. Edmonson
Carlos A. Gimenez aye Sally A, Heyman
Joe A. Martinez aye Dennis C. Moss
Dorrin D. Rolle aye Nataeha Seijas
Katy Sorenson aye Rebeca Sosa
Sen, Javier D. Souto absent
aye
aye
aye
absent
aye
The Chairman thereupon declared the resolution duly passcd and adopted this 7th day of
October,2008, This resolution shall become effective tcn (10) days after the date of its adoption
unless vetoed by the Mayor, and if vetoed, shall become efleclive only upon an override by this
Board,
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN. CLERK
Approved by County Attorney as
to form and Icgal sufficicncy.
By_ Kay Sullivan
Deputy Clerk
-.I"",
Jess M, McCarty
5
15
COUNTY OF MIAMI-DADE
)
) ss:
)
STATE OF FLORIDA
l, HARVEY RUVlN, Clerk of the Circuit and County Courts, in and
for Miami-Dade County, Florida, and Ex-Officio Clerk of the Board of
County Commissioners of said County, DO HEREBY CERTIFY that the
above and foregoing is a true and correct copy of Resolution R-I066-08,
which was adopted by the Miami-Dade Board of County Commissioners at
its meeting held on October 7, 2008, as appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal on this 20th day of October, A.D., 2008.
c
HARVEY RUVIN, Clerk
Board of County Commissioners
~:~):'d"'"
Hoard of County Commissioners
Miami-Dade County, Florida
MEMORANDUM
Date:
November 21, 2008
To:
John Houldsworth, Senior Engineer
Engineering Services Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-327: Delasol Phase 2
Resolution 2008-328: Sabal Bay Phase 3
Enclosed, for your records, please find one copy of the documents
referenced above (Agenda Items #16A9 & #16AI0) adopted by the
Board of County Commissioners on Tuesday, November 18, 2008.
If you should have any questions, please feel free to contact me
at 252-8406.
Thank you.
Enclosures
16A9
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 j 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exee lion of the Chainnan's si nature, draw a line throll h muho lines # I throu h #4, com Jete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in cautin order
1.
3'u.d
~bf5
41<.);1
11\1& D<6
2,
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
(The primary contact is the holder of the original document pending Bee approval. Nonnatly 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 docwnents needing the Bec Chairman's signature are to be delivered to the Bee offlce only after the nec has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b tbe BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
o\.l"'\ MM\J
,\L'i>l~<e
~L",.l\"~~
Phone Number
-51-f 17
","\L-, t-\
Agenda Item Number
)()-[
Number of Original
Documents Attached
lb-' A-
1
Initial the Yes colurrm or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appr~riate, (Initial) Applicable)
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 ordinanccs,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee Jti
Chairman and Clerk to the Board and possiblv State Officials,)
2. AU handwritten strike-through and revisions have been initialed by the County Attorney's NM
Office and aU other parties except the BCC Chainnan and the Clerk to the Board
3, The Chairman's signature line date has been entered as the date ofBCC approval of the J tl
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 ll\\.
signature and initials are required.
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 BeC approvaL J-lJ
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware o~our deadlines!
6, The document was approved by the BCC onJlIllIl D'l (enter date) and all changes N/Aisnot
made during the meeting have been incorporated in the attached document. The 9f an option for
County Attorney's Office has reviewed the changes, if applicable. line 6.
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms.! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.74.05
16A9
RESOLUTION NO. 08-327
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS IN DELASOL PHASE TWO,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES 51
THROUGH 55, 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 DELASOL HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
July 20, 2003 approved the plat ofDelasol Phase 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 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 Delasol Phase Two, pursuant to
the plat thereof recorded in Plat Book 41, pages 51 through 55 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 Delasol Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this \13~1\ day of 'N(')\llm'a1( ,2008,
DATE: 11- J1-D~
ATTEST.:
"
DWIQHT E. BROCK., CLERK
~~~tl:"L.
t1"'lture Oft".
Approved as to form and legal
suffic' ncy:
BOARD OF COUNTY COMMISSIONERS
::LL2t~A
/' TOM HENNING, AIRMAN
Ilem# IlRk1
Agenda \ \ -i ~ .tJ
Dale
~~~d Ltl0---o&
~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING~laPA 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ~O It 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. Ifthe document is already complete with the
exce tion of the Chainnan's si nature, draw a line throu routin lines #1 throu h #4, com Jete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Initials Date
(List in routio order
1.
dl'Yln I
\I /8/0g'
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chaimlan's signahlre are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Phone Number
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
(.. \ -,'"
Agenda Item Number
~- r ~1-
1'" A-(
t
~;*,L-.1 \\ Ci 3X
Number of Original
Documents Attached
Initial the Yes column or mark "N1 A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate, (Initial) fI.J'JJIicable)
L Original document has been signcdlinilialed for legal suftlciency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Oftlce ofthe County Attorney, This includes signature pages fi-om ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC JU
Chainnan and Clerk to the Board and possibly 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 Chainnan and the Clerk to the Board
3, The Chainnan's signature line date has been entered as the date ofBCC approval of the '-U\
document or the final negotiated contract date whichever is applicable.
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's 1\\
signature and initials are required.
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 j l\
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!
6, The document was approved by the BCC 011 \IJI~1 Dll (cnter date) and all changes N/A is not
made during the meeting have been incorporated in the attached document. The ~ an option for
County Attornev's Office has reviewed the changes, if applicable. line 6,
INSTRUCTIONS & CHECKLIST
I: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised] ,26.05, Revised 224,05
16AIO
RESOLUTION NO. 08-328
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN POT ABLE WATER
AND ROADWAY IMPROVEMENTS IN SABAL
BAY COMMERCIAL PLAT - PHASE THREE,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 46, PAGE 32;
RELEASE OF THE MAINTENANCE SECURITY;
AND ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE POTABLE WATER
AND ROADWAY IMPROVEMENTS THAT ARE
NOT REQUIRED TO BE MAINTAINED BY THE
SABAL BAY COMMERCIAL TRACT OWNERS
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April II, 2006 approved the plat of Sabal Bay Commercial Plat - Phase Three for
recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
potable water 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
potable water 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 potable water
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 potable water improvements in Sabal Bay Commercial
Plat - Phase Three, pursuant to the plat thereof recorded in Plat Book 46, page 32, and the
Clerk is hereby authorized to release the maintenance security.
16AIO
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and potable water
improvements that are not required to be maintained by the Sabal Bay Commercial Tract
Owners Association, Inc,
This Resolution adopted after motion, second and majority vote favoring same,
this \g+'r\ dayof NOIit-m'o<i ,2008.
DATE: t[~I-D~
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"t sri-as 'to AI?ep yCl
'_ ' ..... t,..... : .
.t"'I!We'OII~ > ;::
0.(.
',>'
Appreved as to fai'ln and legal
sufficiency: ,"
&-7~}j.
Steven T. Williams
Assistant Collier County Attorney
Item#~
Agenda I \ --0 A\ g
Date ~
lhtf-O~
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)',
. .
'0",0
16All
To: Clerk to the Board: Please place the following as a:
x Normal legal Advertisement
(Display Adv" location, etc,)
o Other:
**********************************************************************************************************
Originating DeptJ Div: Comprehensive Planning Dept.
Person: Marcia R, Kendall, Senior Planner Date: 10/27/08
Petition No, (If none, give brief description): Stewardship Sending Area (SSA) #15
PetitlOner: (Name & Address): Mike Rosen, Collier Land Holdig~~, L TD, 3303 Tamiami Trail, SUite 400, Naples, FL 34103; Smart
Miller. WilsonMiller, Inc,. 3200 Bailey Lane, Suite 200, Naples, FL 34105: Rich Yovanovich, Goodlette, Coleman, Johnson,
Yovanovich and Koester, P,A" 4001 Tamiami Trail, Ste, B, Naples, FL 34103
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 X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing,
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: See Attached
Companion petition(s), if any & proposed hearing date. November 18. 2008 Based on advertisement appearing 15 days before
bearing,
Does Petition Fee include advertising cost? X Yes
~;;;Jjl
Division Administrator or Designee
No UYes, what account should be charged for advertising costs:
(6 - L <{ ~o ?
Date
List Attachments: Advertisement Request and Advertisement Display Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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 ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
16All
November 18, 2008 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. November 2. 2008.
and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104, The advertisement
must be no less than one-quarter 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 iegal notices and ciassified advertisements appear.
Please reference the followina on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
ACCOUNT NUMBER 068778
16All
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, November 18, 2008 in the County
Commissioners Boardroom, 3'd Floor, W, Harmon Turner Building (Bldg, F.), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution. The
meeting will commence at 9:00 A.M, The Title of the proposed Resolution is as follows:
RESOLUTION 2008-
A Resolution of the Collier County Board of County Board of County
Commissioners designating 5,259,0 acres in the Rural Land
Stewardship Area Zoning Overlay District as a Stewardship Sending
Area with a designation as "CLH and CDC SSA 15"; pursuant to the
terms set forth in the Escrow Agreement for CLH and CDC SSA 15,
Stewardship Sending Area Credit Agreement for CLH and CDC SSA
15, and Stewardship Easement Agreement for CLH and CDC SSA
15; approving a Stewardship Sending Area Credit Agreement for
CLH and CDC SSA 15; approving a Stewardship Easement
Agreement for CLH and CDC SSA 15; approving an Escrow
Agreement for CLH and CDC SSA 15; and establishing the number
of Stewardship Credits generated by the designation of said
Stewardship Sending Area
All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department Written comments filed with the Clerk to the Board's Office prior to
November 18, 2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Isl Patricia Morgan, Deputy Clerk
(SEAL)
1 6 1
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l6All
RESOLUTION 2008-
A Resolution of the Collier County Board
of County Board of County Commissioners
designating 5,259_0 acres in the Rural
Land Stewardship Area Zoning Overlay
Oistrict as a Stewardship Sending Area
with a designation as "CLH and COC SSA
15"; pursuant to the terms set forth in the
Escrow Agreement for CLH and COC SSA
15, Stewardship Sending Area Credit
Agreement for CLH and COC SSA 15, and
Stewardship Easement Agreement for CLH
and COC SSA 15; approving a Stewardship
Sending Area Credit Agreement for CLH
and COC SSA 15; approving a Stewardship
Easement Agreement for CLH and COC
SSA 15; approving an Escrow Agreement
for CLH and COC SSA 15; and
establishing the number of Stewardship
Credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Collier Land Holdings, LId" a Florida limited partnership
("CLH") and CDC Land Investments, LLC, a Florida limited liability company
("CDG"), owns approximately five thousand two thousand fifty nine and zero
tenths (5,259,0) acres located within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida; and
WHEREAS, Owners have voluntarily requested that said land be
designated as a Stewardship Sending Area ("SSA") in accordance with, and
pursuant to Section 4,08,06 of the Collier County Land Development Code
("LDC") and subject to the terms of the Escrow Agreement for CLH and CDC
SSA 15 Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15
and Stewardship Easement Agreement for CLH and CDC SSA 15; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CLH and CDC SSA 15 land; and
16Al1
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4,08,06 of the LOC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement for CLH and COC SSA 15, the
Stewardship Sending Area Credit Agreement for CLH and COC SSA 15, and the
Stewardship Easement Agreement for CLH and COC SSA 15 are in compliance
with, and meet the requirements of the LOC and provide a substantial benefit to
the general public,
NOW, THEREFORE, be it resolved by the Board that:
1, CLH and COC SSA 15, as described in attached Exhibit 1,
consisting of five thousand two hundred and fifty nine
(5,259,0) acres is hereby designated as a Stewardship
Sending Area ("SSA"), and will be officially designated as "CLH
and COC SSA 15" on the Official Zoning Atlas Map pursuant to
the Escrow Agreement for CLH and COC SSA 15, Stewardship
Sending Area Credit Agreement for CLH and COC SSA 15, and
Stewardship Easement Agreement for CLH and COC SSA 15,
2, The Stewardship Sending Area Credit Agreement for CLH and
COC SSA 15, attached hereto as Exhibit 2, meets the
requirements of Section 4,08.06 of the LOC and the Board
hereby approves the 15 Stewardship Sending Area Credit
Agreementfor CLH and CDC SSA 15,
3, The Stewardship Easement Agreement for CLH and CDC SSA
15, attached hereto as Exhibit 3, meets the requirements of
Section 4,08,06 of the LOC and the Board hereby
approves the Stewardship Easement Agreement for CLH and
CDC SSA 15,
4, The Escrow Agreement for CLH and COC SSA 15. attached
hereto as Exhibit 4, is hereby approved by the Board which
provides for the delay of the recordation of the Stewardship
Sending Credit Agreement for CLH and COC SSA 15 and the
Stewardship Easement Agreement until such time as the
proposed Town of Big Cypress SRA has received the necessary
final and non-appealable local, state, and federal permits other
than a plat, site development plan or building permit, necessary
to construct the Town of Big Cypress consistent with the
provisions of Section 4,08,07 of the Collier County Land
Development Code,
l6Al1
5,
The Board hereby establishes, grants and assigns seven
thousand two hundred and sixty one and eight tenths
(7,261,8) Stewardship Credits to the Owner, which may be sold,
transferred, or otherwise utilized by the Owner in accordance
with Section 4,08,04 of the LOC and the terms of the Escrow
Agreement for CLH and COC SSA 15; Stewardship Sending
Area Credit Agreement for CLH and COC SSA 15 and
Stewardship Easement Agreement for CLH and COC SSA 15,
6,
The Board further approves and authorizes the acceptance of
the Stewardship Easement Agreement for the CLH and COC
SSA 15 lands,
7.
By its designation of the lands described in Exhibit 1
as a Stewardship Sending Area, the County shall not hereafter
grant or approve any increase in the density or additional
uses beyond those uses specifically authorized in the CLH and
COC SSA 15 Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this day of
a Motion, seconded, and majority vote favoring same,
, 2008, after
16All
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E. BROCK
, Deputy Clerk
By: _~
Commissioner Tom Henning Chairman
Approved as to form and
legal sufficiency:
By: Heidi Ashton, Assistant County Attorney
Land Use Section Chief
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
16All
To: Clerk to the Board: Please place the following as a:
x Normal legal Advertisement
(Display Adv" location, etc.)
o Other:
*************.*.*******************....*.*******************...*************....*********************..***
Originaling Deptl Div. Comprehensive Planning Depl.
Person: Marcia R. Kendall, Senior Planner Date: 10/27/08
Petition No. (If none, give brief description): Stewardship Sending Area (SSA) #15
Petitioner: (Name & Address): Mike Rosen, Collier Land Holdigns, LID, 3303 Tamiami Trail, Suite 400, Naples, FL 34103; Stuart
Miller, WilsonMilIer, Inc., 3200 Bailey Lane, Suite 200, Naples, FL 34105; Rich Yovanovich, Goodlette, Coleman, Johnson,
Yovanovich and Koester, PA, 4001 Tamiami Trail, Ste, B, Naples, FL 34103
Name & Address of any person(.) to be notified by Clerk's Office. (If more space is needed, attach separate sheet) NlA
Hearing before X BCC
BZA
Other
Requested Hearing date. (Based on advertisement appearing 10 days before hearing,
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: See Attached
Companion petition(s), if any & proposed hearing date: November 18. 1008 Based on advertisement appearing 15 days before
hearing,
Date
List Attachments: Advertisement Request and Advertisement Display Map
DISTRIBUTION INSTRUCTIONS
A. For hearings hefore BCC or BZA: Iuitiating person to complete one coy and obtain Division Head approval hefore
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. The Manager's office will distribute
copies~
o County Manager agenda me: to
Clerk's Office
o Requesting Division
o Original
B, Other hearings: Initiating Division head to approve and submit original to Clerk'. Office, retaining a copy for file,
************************.....*.*************.*********************************************..***************
FOR CLERK'S OFFICE US~~ \ ..[) . ,\ '" I riJ
Date Received: ~lL..~ Date of Public hearing: llit~.ut
Date Advertised: ,~~
16All
November 18, 2008 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. November 2, 2008,
and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104, The advertisement
must be no less than one-quarter 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 following on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
ACCOUNT NUMBER 068778
16Al1
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, November 18, 2008 in the County
Commissioners Boardroom, 3cd Floor, W, Harmon Turner Building (Bldg, F,), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution, The
meeting will commence at 9:00 A.M, The Title of the proposed Resolution is as follows:
RESOLUTION 2008-
A Resolution of the Collier County Board of County Board of County
Commissioners designating 5,259,0 acres in the Rural Land
Stewardship Area Zoning Overlay District as a Stewardship Sending
Area with a designation as "CLH and CDC SSA 15"; pursuant to the
terms set forth in the Escrow Agreement for CLH and CDC SSA 15,
Stewardship Sending Area Credit Agreement for CLH and CDC SSA
15, and Stewardship Easement Agreement for CLH and CDC SSA
15; approving a Stewardship Sending Area Credit Agreement for
CLH and CDC SSA 15; approving a Stewardship Easement
Agreement for CLH and CDC SSA 15; approving an Escrow
Agreement for CLH and CDC SSA 15; and establishing the number
of Stewardship Credits generated by the designation of said
Stewardship Sending Area
All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
November 18, 2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/ Patricia Morgan, Deputy Clerk
(SEAL)
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NDN ACCOUNT #068778
October 28, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SSA #15 (Display Ad w/Map)
Dear Legals:
Please advertise the above referenced petition on Sunday, November 2, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
This will be a display. I have attached a map that is to be included with the
advertisement.
Thank you
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500087160
Account #111-138317-649100
Dwight E. Brock
Clerk of Courts
)et;~tv~ore'~nier
,,~~,:r ,
CLERK OF THE elRC~IT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMl t.l/-AIL EAsT
PO. BOX 4\.3044 ~
NAPLES, FLORlDA'341 0 1-3044
}~(
"'1'"'1\':,'
16All
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 28, 2008
Mike Rosen
Collier Land Holdings, L TD
3303 Tamiami Trail, Suite 400
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #15
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18,2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
O-.tw ~ 0.(.
Ann Jennejohn, D~utygerk
Enclosure
Phone (239) 252-2646
Website: www.coIlierclerk.com
Fax (239) 252~2755
EmaiJ: collierclerk@coIlierclerk.com
Dwight E. Brock
Clerk of Courts
)eoll\~}L~oreQllier
CLERK OF THE C{RCtJIT COURT
COLLIER COUNTY .COURlHOUSE
3301 TAMIAMI tllAlL EAST
PO, BOX 4 \3044
NAPLES. FLORIDA14101-3044
16Al1
)"l,
"i'r::
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 28, 2008
Stuart Miller
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #15
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
l4<M. ~O.(.
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
[mail: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
'ie,;~t)LJ}reQllier
lk~. >, "
CLERK OF THE ~-I;RCtJIT COURT
COLLIER COUNTYCOUR~f10USE
3301 TAMIAMI1i.AIL EA,ST
P.O. BOX 4\3044 \
NAPLES, FLORIDA~,4101-3Q44
11'
. i~~,
16All
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 28, 2008
;-~
Rich Y ovanovich
Goodlette, Coleman, Johnson,
Y ovanovich & Koester, P A
4001 Tamiami Trail, Suite B
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #15
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK.
~~o.(
Ann Jennejohn~Depg Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Ann P. Jennejohn
To:
Subject:
Attachments:
Good Morning,
16All
legals@naplesnews,com
SSA #15 Display Ad (w/map)
SSA #15,doc; SSA #15,doc; SSA #15 Map (11-18-08),pdf
Pleose advertise the attached displad ad (w/map) on Sunday. November 2nd, 2008,
~
Thank you.
SSA #IS,doc (27
KB)
Ann
~
1tJ' "
,~
,-
SSA #IS,doc (34
KB)
SSA # 15 Map
11-18-08),pdf (15..
1
16AII
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmasler@collierclerk,com
Tuesday, October 28, 2008 10:54 AM
Ann p, Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT169053,txt; SSA #15 Display Ad (w/map)
[B'O
, .~..,""
i~
B
ATT169053,txt 55A # 15 Display Ad
(231 B) (w/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,
lega Is@naplesnews,com
1
SSA #15 Display Ad (w/map)
Ann P. Jennejohn
From: Pagan, Emely [EPagan@Naplesnews,com]
Sent: Tuesday, October 28, 2008 2:32 PM
To: Ann p, Jennejohn
Subject: RE: SSA #15 Display Ad (w/map)
OK
From: Ann p, Jennejohn [mailto:Ann.Jennejohn@colliercierk,com]
Posted At: Tuesday, October 28, 2008 10:54 AM
Posted To: Legals - NDN
Conversation: S5A #15 Display Ad (w/map)
Subject: SSA #15 Display Ad (w/map)
Good Morning,
Please advertise the attached display ad (w/map) on Sunday. November 2nd. 2008,
Thank you, <<SSA #15,doc>> <<SSA #15,doc>> <<SSA #15 Map (11-18-08),pdf>>
Ann
10/28/2008
Page 1 of 1
16Al1
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF INTENT
TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesdav. November 18. 2008 in the County Commis-
sioners Boardroom, 3rd Floor, W Harmon Turner Building (Bldg, F.), Collier County
Government Center. 3301 East Tamiami Trail, Naples, Florida the Board of County
Commissioners will consider the enactment of a County Resolution. The meeting will
commence at 9:00 A.M, The Title of the proposed Resolution is as follows:
RESOLUTION 2008-
A Resolution of the Collier County Board of County Board of County
Commissioners designating 5,259,0 acres in the Rural Land Steward-
ship Area Zoning Overlay District as a Stewardship Sending Area with
a designation as "CLH and CDC SSA 15": pursuant to the terms set
forth in the Escrow Agreement for CLH and CDC SSA 15, Stewardship
Sending Area Credit Agreement for CLH and CDC SSA 15, and Stew-
ardship Easement Agreement for CLH and CDC SSA 15; approving a
Stewardship Sending Area Credit Agreement for CLH and CDC SSA
15; approving a Stewardship Easement Agreement for CLH and CDC
SSA 15; approving an Escrow Agreement for CLH and CDC SSA 15;
and establishing the number of Stewardship Credits generated by the
designation of said Stewardship Sending Area
<'.,
"
Colli.... Count",
F'orld.
l'" STEWARDSHIP SENDING
__/-- AREAS (SSA)
, ----- ~._---
;'--- ~
1 '
, I
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",;;;;
{
1
'~~'J:~_
,~,.~o,' ~''"'" .,. ,,"__ ~'''-~,~"
"~"""'. '"...~,. _0 ~..~~"," "'vW.
All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning Depart-
ment Written comments filed with the Clerk to the Board's Office prior to November
18, 2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commis-
sioners with respect to any matter considered at such meeting or hearing, he will
need a record of that proceeding, and for such purpose he may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is! Patricia Morgan, Deputy Clerk
No. 231113599
November 2 2008
16All
~
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the uudersigned 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
PUB1K NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
On November 2m'. 2008
Aflianl further says that the said Naples Daily ~ews is a nc\\'spaper
Published at ?\aples, in collier county, Florida and that the said
newspaper has heretofore been continuously puhlished in said Collier
County, Florida: distrihuted in Collier and Lee counties of Florida,
ea<.:h day and has hc<.:n entered as second class mail matter at the post
olliee in ;\"ap1cs, in said Colli..::r Count\'. Horida. ror a pcriud of 1
y.;ar nl.:)(1 preceding the first publicatiun oflhe allachi2d copy of
adycrtiscmcnL and al1iant fUliher say's lnat ne has n~ith~r paid IWI
promised an~' person_ firm or corporation any discount. rehak,
commission or rdlllld for th~ purpose of sl':curing this adn:rlisement for
puhlieation in the ...aid nc\vspaper
(
7
/J ...---
( Signature 6f affiant)
Sworn to and subscribed before me
This 2''''.Day Of November 2008
C)n~ lL rn'{,,-'){)/,\C~~
(Signature of notary public) A::;it;;:~~
~:'~,,"'.~:!
";:i~",':
---H:"f,i.,'
CHANEL A, MCDONALL
Commission DD 650475
Expires June 29, 2011
BondedTh'llTroyFainlnsurafICe800-3B5_7019
FEl ';9-2';78327
16Al]
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 11
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to lbe Boanl Office. The complded routing slip and original
documents are to be forwarded to the Boanl Office onlyaIW: lbe Boanl bas taken action on lbe item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception oftbe Chainnan's signature, draw a line through routin2lines #1 through #4 comt'lJete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in roUtinll order)
1. Judy Puig CDES Admin. \I /I61~o
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
sununary. Primary contact information is needed in the event one oflhc addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee ehainnan' s signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Thomas Greenwood, Principal Planner Phone Number 252-2323
Contact
Agenda Date Item was iI J l'lf ,}oV8 C8 3Z.Cf Agenda Item Number 16A\!
Annroved bv the BCC
Type of Document Exec Sum, Resolution, Legal Description, Number of Original '1
Attached Credit Agreement, Easement Agreemenl, Documents Atlached
and Escrow Aoreement for SSA 15
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Nol Applicable column, whichever is
a ro riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letlers, must be reviewed and signed
by the Office of the County Atlomey. This includes signa lure pages from ordinances,
resolutions, etc. signed by the Counly Atlomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Atlomey's
Office and all other arties exc t the BCC Chairman and the Clerk to Ihe Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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 I. 00 (enter date) and all changes
made during the meeting have been incorporated i the attached document. The
Coun Attorne 's Office has reviewed the chau 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
MEMORANDUM
Date:
December 8, 2008
To:
Thomas Greenwood, Principal Planner
Comprehensive Planning Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
SSA-15 and Resolution 2008-329
Attached, please find one certified copy of the Resolution and the original
exhibits referenced above, (Agenda Item #16All), adopted by the Board of
County Commissioners on Tuesday, November 18, 2008.
Please forward all orieinal documents to the Minutes & Records
Department when fully executed and recorded for the Boards
Permanent Record.
[fyou should have any questions, please call me at 252-8411.
Thank you.
Enclosure
16All
16All
RESOLUTION 2008- 329
A Resolution of the Collier County Board
of County Board of County Commissioners
designating 5,259.0 acres in the Rural
Land Stewardship Area Zoning Overlay
District as a Stewardship Sending Area
with a designation as "CLH and CDC SSA
15"; pursuant to the terms set forth in the
Escrow Agreement for CLH and CDC SSA
15, Stewardship Sending Area Credit
Agreement for CLH and CDC SSA 15, and
Stewardship Easement Agreement for CLH
and CDC SSA 15; approving a Stewardship
Sending Area Credit Agreement for CLH
and CDC SSA 15; approving a Stewardship
Easement Agreement for CLH and CDC
SSA 15; approving an Escrow Agreement
for CLH and CDC SSA 15; and
establishing the number of Stewardship
Credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Collier Land Holdings, Ltd., a Florida limited partnership
("CLH") and CDC Land Investments, LLC, a Florida limited liability company
("CDC"), owns approximately five thousand two thousand fifty nine and zero
tenths (5,259.0) acres located within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida; and
WHEREAS, Owners have voluntarily requested that said land be
designated as a Stewardship Sending Area ("SSA") in accordance with, and
pursuant to Section 4.08.06 of the Collier County Land Development Code
("LDC") and subject to the terms of the Escrow Agreement for CLH and CDC
SSA 15 Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15
and Stewardship Easement Agreement for CLH and CDC SSA 15; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CLH and CDC SSA 15 land; and
.;>\1'
16All
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LOC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement for CLH and COC SSA 15, the
Stewardship Sending Area Credit Agreement for CLH and COC SSA 15, and the
Stewardship Easement Agreement for CLH and COC SSA 15 are in compliance
with, and meet the requirements of the LOC and provide a substantial benefit to
the general public.
NOW, THEREFORE, be it resolved by the Board that:
1. CLH and COC SSA 15, as described in attached Exhibit 1,
consisting of five thousand two hundred and fifty nine
(5,259.0) acres is hereby designated as a Stewardship
Sending Area ("SSA"), and will be officially designated as "CLH
and COC SSA 15" on the Official Zoning Atlas Map pursuant to
the Escrow Agreement for CLH and COC SSA 15, Stewardship
Sending Area Credit Agreement for CLH and COC SSA 15, and
Stewardship Easement Agreement for CLH and COC SSA 15.
2. The Stewardship Sending Area Credit Agreement for CLH and
COC SSA 15, attached hereto as Exhibit 2, meets the
requirements of Section 4.08.06 of the LOC and the Board
hereby approves the 15 Stewardship Sending Area Credit
Agreement for CLH and COC SSA 15.
3. The Stewardship Easement Agreement for CLH and COC SSA
15, attached hereto as Exhibit 3, meets the requirements of
Section 4.08.06 of the LOC and the Board hereby
approves the Stewardship Easement Agreement for CLH and
COC SSA 15.
4. The Escrow Agreement for CLH and COC SSA 15, attached
hereto as Exhibit 4, is hereby approved by the Board which
provides for the delay of the recordation of the Stewardship
Sending Credit Agreement for CLH and COC SSA 15 and the
Stewardship Easement Agreement until such time as the
proposed Town of Big Cypress SRA has received the necessary
final and non-appealable local, state, and federal permits other
than a plat, site development plan or building permit, necessary
to construct the Town of Big Cypress consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code.
2
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5.
The Board hereby establishes, grants and assigns seven
thousand two hundred and sixty one and eight tenths
(7,261.8) Stewardship Credits to the Owner, which may be sold,
transferred, or otherwise utilized by the Owner in accordance
with Section 4.08.04 of the LOC and the terms of the Escrow
Agreement for CLH and COC SSA 15; Stewardship Sending
Area Credit Agreement for CLH and COC SSA 15 and
Stewardship Easement Agreement for CLH and COC SSA 15.
6.
The Board further approves and authorizes the acceptance of
the Stewardship Easement Agreement for the CLH and COC
SSA 15 lands.
7.
By its designation of the lands described in Exhibit 1
as a Stewardship Sending Area, the County shall not hereafter
grant or approve any increase in the density or additional
uses beyond those uses specifically authorized in the CLH and
COC SSA 15 Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this 18th day of November, 2008, after a
Motion, seconded, and majority vote favoring same.
16Al1
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B:
Commissioner Tom H ing Chairman
Approved as to form and
~ffiCienCY:
A~j\ (rO g3
By: Heidi Ashton, Assistant County Attorney
Land Use Section Chief
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AFFIDA VIT
'H Ie t< 1\'" Lt., \~.h.,," N of Collier Enterprises Management, Inc., being first duly
sworn, depose and say that we are the applicant described herein and which is the
subject matter of the proposed hearing; that all the answers to the questions in this
application, including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest and true
to the best of our knowledge and belief. We understand that the information requested on
this application must be complete and accurate and that the content of this form, whether
computer generated or County printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has
been submitted.
As applicant we further authorize Wilson Miller, Inc. and Goodlette, Coleman, Johnson,
Yovanovich & Koester, PA to act as our representative in any matters regarding this
Petition,
WITNESS:
7f!'~iG~~'" L
(Signature)
j4'f,/Irti"( 11/(6" h"L.-
(Print full name)
COLLIER ENTERPRISES MANAGEMENT, INC.
A Florida Corporation
BY//U~ ~
Printed Na e: t4IUIACL- .j).I\C.~J:c 1..1
Title: v,eFcc --:?'lL.~,'h"':NT-
~ ~=~:,: .- "._~-:-_~~--~ Ur<,
(Signature)
, ,
..,.--."--l,_/
~-N81A..:~ fn-::'- -- t\t)k'Jl
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Sending Area Application SSA 15 was executed before
me this J.':L day of CC\U'~LIl.. ,2008, by )[I( "H'-.l -\). /(llSTN , as
'01(,-,- ,he .~,,,, "'-1- of Collier Enterprises Management, Inc.,
,''''''N!>. ..~...
G):~ """"",E.HARDV
,.! A MY COMf.tlSSION * DO 823367
'lli. . EXPIRES: October 28. 2010
",iff.,lil """"Thru-,_,,-
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Notary Public
Name: :::-~~iJl~ ~ r-~_. t\J-:..'\... \')1.,1
Certificate No. D.." P '.'-" 'c I /
My Commission expires: /f\/.) \/'2 I'M'
/ /
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LEGAL DESCRIPTION OF SSA 15A (SHAGGY CYPRESS)
A PARCEL OF LAND LYING IN SECTIONS 25, 26 AND 35, TOWNSHIP 47 SOUTH, RANGE
28 EAST AND SECTIONS 1, 2, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 25 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503802.76 N. 734035.22, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 89057'36" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 25 A
DISTANCE OF 5,356.62 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;
THENCE SOUTH 00000'30" WEST ALONG THE EASTERLY LINE OF SAID SECTION 35 A
DISTANCE OF 5,190.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1;
THENCE NORTH 89036'41" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 1 A
DISTANCE OF 4,249.85 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 00043'12" EAST A DISTANCE OF
5,303.27 FEET;
THENCE SOUTH 89000'09" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 23.81
FEET;
THENCE SOUTH 00044'30" EAST A DISTANCE OF 5,387.66 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1541.40
FEET EASTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89024'56" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 151.63
FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 01011'02" EAST ALONG THE
WESTERLY LINE OF THE EASTERLY 60 ACRES OF THE NORTHEAST QUARTER OF
SAID SECTION 13 A DISTANCE OF 2,688.15 FEET TO AN INTERSECTION WITH THE
EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89032'26" WEST ALONG SAID EAST-
WEST QUARTER SECTION LINE A DISTANCE OF 1692.67 FEET TO THE CENTER OF
SAID SECTION 13;
THENCE LEAVING SAID EAST-WEST QUARTER SECTION LINE SOUTH 01011'28" EAST A
DISTANCE OF 2,537.89 FEET TO AN INTERSECTION WITH A LINE 150 FEET NORTHERLY
FROM AND PARALLEL WITH THE SOUTH LINE OF SECTION 13;
THENCE SOUTH 89044'03" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 2,682.71
FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89044'59" WEST A
DISTANCE OF 589.38 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 26046'25" WEST A DISTANCE OF 63.29
FEET;
THENCE NORTH 26017'00" WEST A DISTANCE OF 91.71 FEET;
THENCE NORTH 26033'19" WEST A DISTANCE OF 68.60 FEET;
THENCE NORTH 25026'28" WEST A DISTANCE OF 76.21 FEET;
THENCE NORTH 25008'06" WEST A DISTANCE OF 72.93 FEET;
THENCE NORTH 25033'36" WEST A DISTANCE OF 147.24 FEET;
THENCE NORTH 26024' 17" WEST A DISTANCE OF 89.07 FEET;
THENCE NORTH 26047'35" WEST A DISTANCE OF 74.57 FEET;
THENCE NORTH 27"58'24" WEST A DISTANCE OF 87.52 FEET;
THENCE NORTH 25028'45" WEST A DISTANCE OF 132.49 FEET;
THENCE NORTH 24058'47" WEST A DISTANCE OF 92.76 FEET;
SHEET 9 OF 16
ExhibIt
_Ej 9
THENCE NORTH 25'09'02" WEST A DISTANCE OF 87.60 FEET;
THENCE NORTH 26'20'10" WEST A DISTANCE OF 100.90 FEET;
THENCE NORTH 25"24'13"WEST A DISTANCE OF 101.38 FEET;
THENCE NORTH 26'35'58" WEST A DISTANCE OF 87.72 FEET;
THENCE NORTH 24'32'43" WEST A DISTANCE OF 85.64 FEET;
THENCE NORTH 25'50'26" WEST A DISTANCE OF 87.70 FEET;
THENCE NORTH 24"59'46" WEST A DISTANCE OF 84.63 FEET;
THENCE NORTH 25'53'19" WEST A DISTANCE OF 84.20 FEET;
THENCE NORTH 25"34'24" WEST A DISTANCE OF 80.98 FEET;
THENCE NORTH 26"43'31"WEST A DISTANCE OF 92.92 FEET;
THENCE NORTH 25'54'39" WEST A DISTANCE OF 78.03 FEET;
THENCE NORTH 24'14'51" WEST A DISTANCE OF 82.73 FEET;
THENCE NORTH 24'44'08" WEST A DISTANCE OF 93.06 FEET;
THENCE NORTH 27'54'57"WEST A DISTANCE OF 85.72 FEET;
THENCE NORTH 23'50'38" WEST A DISTANCE OF 90.32 FEET;
THENCE NORTH 26'17'26" WEST A DISTANCE OF 75.53 FEET;
THENCE NORTH 17' 15'37" EAST A DISTANCE OF 32.15 FEET;
THENCE NORTH 52'01'20" EAST A DISTANCE OF 99.82 FEET;
THENCE NORTH 80'36'05" EAST A DISTANCE OF 59.59 FEET;
THENCE NORTH 81'27'09" EAST A DISTANCE OF 61.88 FEET;
THENCE NORTH 87'12'13" EAST A DISTANCE OF 122.63 FEET;
THENCE NORTH 83'40'43" EAST A DISTANCE OF 86.09 FEET;
THENCE NORTH 89'40'25" EAST A DISTANCE OF 95.57 FEET;
THENCE NORTH 85'13'18" EAST A DISTANCE OF 97.58 FEET;
THENCE NORTH 86'54'21" EAST A DISTANCE OF 83.22 FEET;
THENCE NORTH 88'36'00" EAST A DISTANCE OF 79.53 FEET;
THENCE NORTH 86'13'23" EAST A DISTANCE OF 86.83 FEET;
THENCE NORTH 85'00'11" EAST A DISTANCE OF 107.60 FEET;
THENCE NORTH 85'53'58" EAST A DISTANCE OF 76.26 FEET;
THENCE NORTH 84'08'43" EAST A DISTANCE OF 56.48 FEET;
THENCE NORTH 88'15'46" EAST A DISTANCE OF 103.23 FEET;
THENCE NORTH 86'27'39" EAST A DISTANCE OF 396.43 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 14 SAID INTERSECTION BEING 179.10
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 14;
THENCE NORTH 86'55'23" EAST A DISTANCE OF 156.61 FEET;
THENCE NORTH 87'21'40" EAST A DISTANCE OF 178.22 FEET;
THENCE NORTH 89'40'40" EAST A DISTANCE OF 36.48 FEET;
THENCE NORTH 77'38'19" EAST A DISTANCE OF 54.53 FEET;
THENCE NORTH 65'43'58" EAST A DISTANCE OF 41.63 FEET;
THENCE NORTH 52'26'02" EAST A DISTANCE OF 130.64 FEET;
THENCE NORTH 46'29'07" EAST A DISTANCE OF 85.54 FEET TO AN INTERSECTION
WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13 SAID
INTERSECTION BEING 630.40 FEET EASTERLY FROM THE WEST QUARTER CORNER
OF SAID SECTION 13;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 24.40 FEET;
THENCE NORTH 40'15'05" EAST A DISTANCE OF 74.21 FEET;
THENCE NORTH 37'41'31" EAST A DISTANCE OF 65.98 FEET;
THENCE NORTH 36"05'18" EAST A DISTANCE OF 58.14 FEET;
THENCE NORTH 32'31'08" WEST A DISTANCE OF 358.99 FEET;
THENCE NORTH 41 '31 '42" WEST A DISTANCE OF 1 09.73 FEET;
THENCE NORTH 46"23'06" WEST A DISTANCE OF 159.87 FEET;
THENCE NORTH 46'16'52" WEST A DISTANCE OF 103.57 FEET;
THENCE NORTH 41'35'05" WEST A DISTANCE OF 117.42 FEET;
THENCE NORTH 35'00'15" WEST A DISTANCE OF 170.61 FEET;
THENCE NORTH 23'02'42" EAST A DISTANCE OF 34.34 FEET;
SHEET 10 OF 16
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THENCE NORTH 74'37'42" EAST A DISTANCE OF 207.18 FEET;
THENCE NORTH 75'24'57" EAST A DISTANCE OF 172.74 FEET;
THENCE SOUTH 87'35'16" EAST A DISTANCE OF 399.02 FEET;
THENCE SOUTH 88'37'38" EAST A DISTANCE OF 296.56 FEET;
THENCE NORTH 88'21'17" EAST A DISTANCE OF 47.29 FEET;
THENCE NORTH 25'47'51" EAST A DISTANCE OF 56.78 FEET;
THENCE NORTH 15'20'56" EAST A DISTANCE OF 172.84 FEET;
THENCE NORTH 07'36'53" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 07'48'32" WEST A DISTANCE OF 47.46 FEET;
THENCE NORTH 37'38'49" WEST A DISTANCE OF 43.91 FEET;
THENCE NORTH 66'21'10" WEST A DISTANCE OF 167.29 FEET;
THENCE NORTH 61'58'09" WEST A DISTANCE OF 161.69 FEET;
THENCE NORTH 69'50'41" WEST A DISTANCE OF 85.97 FEET;
THENCE NORTH 86'40'20" WEST A DISTANCE OF 95.51 FEET;
THENCE NORTH 67'46'05" WEST A DISTANCE OF 43.26 FEET;
THENCE NORTH 24'15'09" EAST A DISTANCE OF 500.93 FEET;
THENCE NORTH 25'05'04" EAST A DISTANCE OF 458.19 FEET;
THENCE NORTH 19'00'53" EAST A DISTANCE OF 138.95 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1369.63
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE CONTINUING NORTH 19'00'53" EAST A DISTANCE OF 116.45 FEET;
THENCE NORTH 16'30'39" EAST A DISTANCE OF 235.98 FEET;
THENCE NORTH 18'17'25" EAST A DISTANCE OF 462.77 FEET;
THENCE NORTH 18'25'35" EAST A DISTANCE OF 71.97 FEET;
THENCE NORTH 23'52'15" EAST A DISTANCE OF 89.35 FEET;
THENCE NORTH 23'15'16" EAST A DISTANCE OF 108.27 FEET;
THENCE SOUTH 65'32'33" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 88'36'20" EAST A DISTANCE OF 61.54 FEET;
THENCE NORTH 88'53'49" EAST A DISTANCE OF 138.16 FEET;
THENCE SOUTH 87'17'52" EAST A DISTANCE OF 266.66 FEET;
THENCE SOUTH 89'55'47" EAST A DISTANCE OF 189.64 FEET;
THENCE SOUTH 88'53'25" EAST A DISTANCE OF 152.94 FEET;
THENCE SOUTH 88'39'13" EAST A DISTANCE OF 71.15 FEET;
THENCE SOUTH 82'32'23" EAST A DISTANCE OF 58.08 FEET;
THENCE NORTH 00'35'30" WEST A DISTANCE OF 28.81 FEET;
THENCE NORTH 02'42'10" EAST A DISTANCE OF 154.42 FEET;
THENCE NORTH 42'44'16" WEST A DISTANCE OF 222.31 FEET;
THENCE NORTH 26'43'43" WEST A DISTANCE OF 257.22 FEET;
THENCE NORTH 06'01'02" WEST A DISTANCE OF 263.19 FEET;
THENCE NORTH 11'08'15" EAST A DISTANCE OF 301.05 FEET;
THENCE NORTH 29'25'27" WEST A DISTANCE OF 731.49 FEET;
THENCE NORTH 40'58'09" WEST A DISTANCE OF 73.85 FEET;
THENCE NORTH 35'48'44" WEST A DISTANCE OF 68.36 FEET;
THENCE NORTH 43'11'47" WEST A DISTANCE OF 97.29 FEET;
THENCE NORTH 40'46'58" WEST A DISTANCE OF 113.23 FEET;
THENCE NORTH 22'01'00" WEST A DISTANCE OF 40.08 FEET;
THENCE NORTH 01'36'26" EAST A DISTANCE OF 119.94 FEET;
THENCE NORTH 04'46'25" EAST A DISTANCE OF 96.12 FEET;
THENCE NORTH 04'52'09" EAST A DISTANCE OF 85.37 FEET;
THENCE NORTH 05'55'11" EAST A DISTANCE OF 84.08 FEET;
THENCE NORTH 03'56'29" EAST A DISTANCE OF 101.25 FEET;
THENCE NORTH 06'47'59" EAST A DISTANCE OF 89.05 FEET;
THENCE NORTH 00'44'24" WEST A DISTANCE OF 68.46 FEET;
THENCE NORTH 14'26'09" WEST A DISTANCE OF 90.25 FEET;
THENCE NORTH 23'50'57" WEST A DISTANCE OF 69.70 FEET;
THENCE NORTH 69'58'42" WEST A DISTANCE OF 53.74 FEET;
SHEET 11 OF 16
'C l\h I b, .,
II
Pd
16Al1
THENCE NORTH 74'11'36' WEST A DISTANCE OF 87.05 FEET;
THENCE NORTH 75'06'40' WEST A DISTANCE OF 109.33 FEET;
THENCE NORTH 74'52'26' WEST A DISTANCE OF 95.10 FEET;
THENCE NORTH 75'24'24' WEST A DISTANCE OF 85.47 FEET;
THENCE NORTH 74'55'56' WEST A DISTANCE OF 87.11 FEET;
THENCE NORTH 70'51'51" WEST A DISTANCE OF 62.99 FEET;
THENCE NORTH 80'28'45' WEST A DISTANCE OF 432.16 FEET;
THENCE NORTH 75'56'55' WEST A DISTANCE OF 189.25 FEET;
THENCE NORTH 84'17'04' WEST A DISTANCE OF 230.68 FEET;
THENCE SOUTH 90'00'00' WEST A DISTANCE OF 275.38 FEET;
THENCE NORTH 10'36'15' EAST A DISTANCE OF 373.97 FEET;
THENCE NORTH 06'43'26" EAST A DISTANCE OF 392.43 FEET;
THENCE NORTH 03'33'37" EAST A DISTANCE OF 368.29 FEET;
THENCE NORTH 21 '28'38' WEST A DISTANCE OF 92.23 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 1;
THENCE NORTH 27'35'52" WEST A DISTANCE OF 450.15 FEET;
THENCE NORTH 00'31'12" WEST A DISTANCE OF 649.18 FEET;
THENCE NORTH 14'34'51" WEST A DISTANCE OF 408.66 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 2 SAID INTERSECTION BEING 1225.82
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 2;
THENCE CONTINUING NORTH 14'34'51" WEST A DISTANCE OF 4,021.77 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING NORTH 14'34'51" WEST A DISTANCE OF 13.09 FEET;
THENCE SOUTH 88'51'11" WEST A DISTANCE OF 10.76 FEET;
THENCE SOUTH 56'58'49" WEST A DISTANCE OF 23.32 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING SOUTH 56'58'49" WEST A DISTANCE OF 33.70 FEET;
THENCE SOUTH 22'43'29" WEST A DISTANCE OF 85.80 FEET;
THENCE SOUTH 24'46'23" WEST A DISTANCE OF 43.59 FEET;
THENCE SOUTH 45'57'49" WEST A DISTANCE OF 62.57 FEET;
THENCE SOUTH 54'08'59' WEST A DISTANCE OF 138.98 FEET;
THENCE SOUTH 59'34'49" WEST A DISTANCE OF 2,174.40 FEET;
THENCE NORTH 01'47'15" WEST A DISTANCE OF 1,317.67 FEET;
THENCE NORTH 89'32'02' EAST A DISTANCE OF 400.43 FEET;
THENCE NORTH 83'51'48" EAST A DISTANCE OF 23.74 FEET;
THENCE NORTH 86'48'17' EAST A DISTANCE OF 136.06 FEET;
THENCE NORTH 80'50'50' EAST A DISTANCE OF 61.55 FEET;
THENCE NORTH 81'53'57" EAST A DISTANCE OF 29.33 FEET;
THENCE NORTH 02'07'18' WEST A DISTANCE OF 7.27 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE NORTH 00'07'25' WEST A DISTANCE OF 60.18 FEET;
THENCE NORTH 02'43'18' WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 03'50'04' WEST A DISTANCE OF 86.63 FEET;
THENCE NORTH 03'48'06" WEST A DISTANCE OF 129.05 FEET;
THENCE NORTH 00'17'54" EAST A DISTANCE OF 50.28 FEET;
THENCE NORTH 10'18'33" EAST A DISTANCE OF 29.57 FEET;
THENCE NORTH 31'41'59' EAST A DISTANCE OF 46.71 FEET;
THENCE NORTH 45'00'54" EAST A DISTANCE OF 36.69 FEET;
THENCE NORTH 50'00'40" EAST A DISTANCE OF 91.43 FEET;
THENCE NORTH 44'03'37" EAST A DISTANCE OF 96.97 FEET;
THENCE NORTH 11'26'43' EAST A DISTANCE OF 61.84 FEET;
THENCE NORTH 00'50'03" WEST A DISTANCE OF 134.14 FEET;
THENCE NORTH 00'51'17' WEST A DISTANCE OF 88.20 FEET;
THENCE NORTH 00'35'02" WEST A DISTANCE OF 59.85 FEET;
THENCE NORTH 02'02'34" WEST A DISTANCE OF 59.57 FEET;
THENCE NORTH 01'40'17" WEST A DISTANCE OF 74.69 FEET;
SHEET 12 OF 16
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THENCE NORTH 05"47'34" EAST A DISTANCE OF 47.35 FEET;
THENCE NORTH 42"46'16" EAST A DISTANCE OF 48.10 FEET;
THENCE NORTH 88"44'52" EAST A DISTANCE OF 82.87 FEET;
THENCE SOUTH 86"21'09" EAST A DISTANCE OF 55.75 FEET;
THENCE NORTH 74"53'45" EAST A DISTANCE OF 48.76 FEET;
THENCE NORTH 16"58'43" EAST A DISTANCE OF 71.66 FEET;
THENCE NORTH 03"13'06" WEST A DISTANCE OF 95.03 FEET;
THENCE NORTH 03"28'29" WEST A DISTANCE OF 120.99 FEET;
THENCE NORTH 02"30'35" WEST A DISTANCE OF 110.26 FEET;
THENCE NORTH 04"03'11" WEST A DISTANCE OF 140.38 FEET;
THENCE NORTH 01"55'56" WEST A DISTANCE OF 114.17 FEET;
THENCE NORTH 02"34'31" WEST A DISTANCE OF 116.75 FEET;
THENCE NORTH 01"57'53" WEST A DISTANCE OF 110.50 FEET;
THENCE NORTH 04"01'35" WEST A DISTANCE OF 116.33 FEET;
THENCE NORTH 08"36'36" WEST A DISTANCE OF 79.35 FEET;
THENCE NORTH 10"41'58" WEST A DISTANCE OF 54.87 FEET;
THENCE NORTH 12"03'42" EAST A DISTANCE OF 72.29 FEET;
THENCE NORTH 58"39'31" EAST A DISTANCE OF 43.96 FEET;
THENCE NORTH 75"57'50" EAST A DISTANCE OF 43.12 FEET;
THENCE NORTH 72"18'03" EAST A DISTANCE OF 56.45 FEET;
THENCE NORTH 03"41'33" EAST A DISTANCE OF 36.95 FEET;
THENCE NORTH 04"28'00" WEST A DISTANCE OF 47.30 FEET;
THENCE NORTH 13"04'57" WEST A DISTANCE OF 154.64 FEET;
THENCE NORTH 11"28'17" WEST A DISTANCE OF 136.18 FEET;
THENCE NORTH 12"43'48" WEST A DISTANCE OF 107.31 FEET;
THENCE NORTH 06"43'04" WEST A DISTANCE OF 53.72 FEET;
THENCE NORTH 09"27'22" WEST A DISTANCE OF 46.44 FEET;
THENCE NORTH 11"05'09" WEST A DISTANCE OF 84.07 FEET;
THENCE NORTH 11 "07'38" WEST A DISTANCE OF 129.37 FEET;
THENCE NORTH 12"11'16" WEST A DISTANCE OF 77.64 FEET;
THENCE NORTH 12"09'04" WEST A DISTANCE OF 131.76 FEET;
THENCE NORTH 10"43'05" WEST A DISTANCE OF 79.28 FEET;
THENCE NORTH 21"31'20" WEST A DISTANCE OF 33.57 FEET;
THENCE NORTH 37"06'49" WEST A DISTANCE OF 54.71 FEET;
THENCE NORTH 55"23'29" WEST A DISTANCE OF 96.58 FEET;
THENCE NORTH 24"36'32" WEST A DISTANCE OF 40.10 FEET;
THENCE NORTH 18"38'31" WEST A DISTANCE OF 81.42 FEET;
THENCE NORTH 04"17'18" WEST A DISTANCE OF 97.52 FEET;
THENCE NORTH 13"41'28" WEST A DISTANCE OF 110.16 FEET;
THENCE NORTH 13"28'02" WEST A DISTANCE OF 108.19 FEET;
THENCE NORTH 09"35'14" WEST A DISTANCE OF 124.18 FEET;
THENCE NORTH 09"44'36" WEST A DISTANCE OF 150.36 FEET;
THENCE NORTH 10"29'08" WEST A DISTANCE OF 149.07 FEET;
THENCE NORTH 09"52'21" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 41"10'44" EAST A DISTANCE OF 66.04 FEET;
THENCE NORTH 32"04'51" WEST A DISTANCE OF 77.59 FEET;
THENCE NORTH 58"19'45" WEST A DISTANCE OF 49.13 FEET;
THENCE NORTH 46"46'22" WEST A DISTANCE OF 218.48 FEET;
THENCE NORTH 44"25'40" WEST A DISTANCE OF 237.38 FEET;
THENCE NORTH 44"29'13" WEST A DISTANCE OF 209.27 FEET;
THENCE NORTH 45"04'50" WEST A DISTANCE OF 125.44 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 35 SAID INTERSECTION BEING 433.01
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 35;
THENCE NORTH 42"14'08" WEST A DISTANCE OF 114.47 FEET;
THENCE NORTH 38"40'42" WEST A DISTANCE OF 42.40 FEET;
THENCE NORTH 09"38'46" WEST A DISTANCE OF 64.45 FEET;
SHEET I3 OF 16
'C.1hib I +- I
nc) 13
-- _-----L.....-L.._
16Al1
THENCE NORTH 26016'34" EAST A DISTANCE OF 73.08 FEET;
THENCE NORTH 26031'40" WEST A DISTANCE OF 21.68 FEET;
THENCE NORTH 42041'04" WEST A DISTANCE OF 20.65 FEET;
THENCE NORTH 33030'00" WEST A DISTANCE OF 43.02 FEET;
THENCE NORTH 03020'03" EAST A DISTANCE OF 89.63 FEET;
THENCE NORTH 02025'41" EAST A DISTANCE OF 118.59 FEET;
THENCE NORTH 05032'44" EAST A DISTANCE OF 134.16 FEET;
THENCE NORTH 11010'01" EAST A DISTANCE OF 113.24 FEET;
THENCE NORTH 02020'28" EAST A DISTANCE OF 52.91 FEET;
THENCE NORTH 61014'08" WEST A DISTANCE OF 58.51 FEET;
THENCE NORTH 70020'56" WEST A DISTANCE OF 34.22 FEET;
THENCE NORTH 88029'34" WEST A DISTANCE OF 59.39 FEET;
THENCE NORTH 78014'21" WEST A DISTANCE OF 54.52 FEET;
THENCE NORTH 57"44'47" WEST A DISTANCE OF 45.26 FEET;
THENCE NORTH 28020'42" WEST A DISTANCE OF 34.15 FEET;
THENCE NORTH 11055'35" WEST A DISTANCE OF 51.05 FEET;
THENCE NORTH 02045'26" EAST A DISTANCE OF 64.53 FEET;
THENCE NORTH 17022'10" EAST A DISTANCE OF 101.30 FEET;
THENCE NORTH 10024'33" EAST A DISTANCE OF 51.43 FEET;
THENCE NORTH 03030'18" EAST A DISTANCE OF 31.45 FEET;
THENCE NORTH 05041'28" WEST A DISTANCE OF 35.78 FEET;
THENCE NORTH 09041'06"WEST A DISTANCE OF 44.07 FEET;
THENCE SOUTH 63050'25" WEST A DISTANCE OF 2.84 FEET;
THENCE NORTH 31035'08" WEST A DISTANCE OF 134.31 FEET;
THENCE NORTH 09016'02" WEST A DISTANCE OF 79.30 FEET;
THENCE NORTH 08038'51" EAST A DISTANCE OF 51.26 FEET;
THENCE NORTH 12049'36" WEST A DISTANCE OF 36.30 FEET;
THENCE NORTH 45013'53" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 79000'40" WEST A DISTANCE OF 47.16 FEET;
THENCE SOUTH 86010'48" WEST A DISTANCE OF 102.27 FEET;
THENCE SOUTH 86012'06" WEST A DISTANCE OF 120.45 FEET;
THENCE SOUTH 85027'06" WEST A DISTANCE OF 94.71 FEET;
THENCE SOUTH 87"14'38" WEST A DISTANCE OF 94.89 FEET;
THENCE NORTH 87"01'19" WEST A DISTANCE OF 44.02 FEET;
THENCE NORTH 49057'52" WEST A DISTANCE OF 28.85 FEET;
THENCE NORTH 09010'12" EAST A DISTANCE OF 26.57 FEET;
THENCE NORTH 39047'32" WEST A DISTANCE OF 37.24 FEET;
THENCE NORTH 59020'26" WEST A DISTANCE OF 49.97 FEET;
THENCE SOUTH 86025'55" WEST A DISTANCE OF 22.49 FEET;
THENCE NORTH 45011'48" WEST A DISTANCE OF 32.60 FEET;
THENCE NORTH 04041'46" WEST A DISTANCE OF 25.03 FEET;
THENCE NORTH 09012'04" EAST A DISTANCE OF 85.29 FEET;
THENCE NORTH 08019'57" EAST A DISTANCE OF 112.67 FEET;
THENCE NORTH 06053'33" EAST A DISTANCE OF 64.63 FEET;
THENCE NORTH 07"32'09" EAST A DISTANCE OF 95.88 FEET;
THENCE NORTH 07"11'59" EAST A DISTANCE OF 94.38 FEET;
THENCE NORTH 07"33'54" EAST A DISTANCE OF 83.75 FEET;
THENCE NORTH 08031'36" EAST A DISTANCE OF 108.58 FEET;
THENCE NORTH 07"03'34" EAST A DISTANCE OF 100.31 FEET;
THENCE NORTH 02025'47" EAST A DISTANCE OF 73.69 FEET;
THENCE NORTH 12030'33" EAST A DISTANCE OF 38.63 FEET;
THENCE NORTH 11010'33" EAST A DISTANCE OF 57.61 FEET;
THENCE NORTH 06000'17" EAST A DISTANCE OF 76.12 FEET;
THENCE NORTH 08048'34" EAST A DISTANCE OF 87.70 FEET;
THENCE NORTH 06059'40" EAST A DISTANCE OF 77.02 FEET;
THENCE NORTH 10022'09" EAST A DISTANCE OF 86.15 FEET;
SHEET 14 OF 16
t:Xhlbt-r
Pi Il.l
16Al1
THENCE NORTH Or27'54" EAST A DISTANCE OF 122.02 FEET;
THENCE NORTH 10"02'32" EAST A DISTANCE OF 94.76 FEET;
THENCE NORTH Or56'26" EAST A DISTANCE OF 73.09 FEET;
THENCE NORTH 10"28'58" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 08"12'50" EAST A DISTANCE OF 120.55 FEET;
THENCE NORTH 07"27'40" EAST A DISTANCE OF 77.04 FEET;
THENCE NORTH 06"51'33" EAST A DISTANCE OF 105.40 FEET;
THENCE NORTH 07"52'16" EAST A DISTANCE OF 70.03 FEET;
THENCE NORTH 06"33'01" EAST A DISTANCE OF 112.34 FEET;
THENCE NORTH 09"16'45" EAST A DISTANCE OF 81.54 FEET;
THENCE NORTH Or44'58" EAST A DISTANCE OF 90.43 FEET;
THENCE NORTH 08"04'55" EAST A DISTANCE OF 85.71 FEET;
THENCE NORTH 08"03'59" EAST A DISTANCE OF 67.20 FEET;
THENCE NORTH 08"34'02" EAST A DISTANCE OF 64.45 FEET;
THENCE NORTH 08"14'23" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 00"44'57" WEST A DISTANCE OF 53.71 FEET;
THENCE NORTH 26'33'55" WEST A DISTANCE OF 23.71 FEET;
THENCE NORTH 41'02'44" WEST A DISTANCE OF 45.32 FEET;
THENCE SOUTH 80'02'33" WEST A DISTANCE OF 15.41 FEET;
THENCE NORTH 87'01'01" WEST A DISTANCE OF 120.29 FEET;
THENCE NORTH 88'34'24" WEST A DISTANCE OF 110.60 FEET;
THENCE NORTH 88'13'36" WEST A DISTANCE OF 130.03 FEET;
THENCE NORTH 82'12'28" WEST A DISTANCE OF 94.66 FEET;
THENCE NORTH 86'11'22" WEST A DISTANCE OF 107.67 FEET;
THENCE SOUTH 70'52'00" WEST A DISTANCE OF 35.97 FEET;
THENCE SOUTH 42"32'30" WEST A DISTANCE OF 50.71 FEET;
THENCE SOUTH 58"33'30" WEST A DISTANCE OF 41.31 FEET;
THENCE NORTH 79"29'14" WEST A DISTANCE OF 80.73 FEET;
THENCE NORTH 54'54'27" WEST A DISTANCE OF 98.11 FEET;
THENCE NORTH 71 "06'26" WEST A DISTANCE OF 40.16 FEET;
THENCE NORTH 82"42'22" WEST A DISTANCE OF 4.00 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY AND WHOSE
RADIUS POINT BEARS NORTH 73'14'22" WEST A DISTANCE OF 1,575.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 16"27'52" AN ARC DISTANCE OF 452.59 FEET;
THENCE NORTH 00'17'46" EAST A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH A LINE 150 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF
SAID SECTION 26;
THENCE SOUTH 89"42'14" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 1 ,966.57
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89"42'16" EAST A
DISTANCE OF 2,661.45 FEET TO AN INTERSECTION WITH A LINE 150 FEET SOUTHERLY
FROM AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 25;
THENCE ALONG SAID PARALLEL LINE SOUTH 89"36'19" EAST A DISTANCE OF 2,696.26
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89"44'07" EAST A
DISTANCE OF 997.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 12"37'36" EAST A DISTANCE OF 157.85
FEET;
THENCE SOUTH 88"54'39" EAST A DISTANCE OF 81.69 FEET;
THENCE NORTH 88"10'41" EAST A DISTANCE OF 55.03 FEET;
THENCE SOUTH 77"41'09" EAST A DISTANCE OF 32.85 FEET;
THENCE SOUTH 02"07'20" EAST A DISTANCE OF 190.09 FEET;
THENCE SOUTH 12'10'55" EAST A DISTANCE OF 32.46 FEET;
THENCE NORTH 58'07'26" EAST A DISTANCE OF 72.74 FEET;
THENCE NORTH 63"04'41" EAST A DISTANCE OF 92.55 FEET;
SHEET 15 OF 16
[.xhd"lf I
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THENCE NORTH 79'33'44" EAST A DISTANCE OF 61.01 FEET;
THENCE NORTH 86'24'10" EAST A DISTANCE OF 51.70 FEET;
THENCE NORTH 80'37'56" EAST A DISTANCE OF 52.43 FEET;
THENCE SOUTH 88'21'44" EAST A DISTANCE OF 39.72 FEET;
THENCE SOUTH 38'56'12" EAST A DISTANCE OF 139.44 FEET;
THENCE SOUTH 34'49'11" EAST A DISTANCE OF 87.30 FEET;
THENCE SOUTH 52'38'56" EAST A DISTANCE OF 102.14 FEET;
THENCE SOUTH 85'31'26" EAST A DISTANCE OF 48.72 FEET;
THENCE SOUTH 82'08'00" EAST A DISTANCE OF 48.16 FEET;
THENCE NORTH 78'35'31" EAST A DISTANCE OF 50.31 FEET;
THENCE SOUTH 85'32'14" EAST A DISTANCE OF 74.36 FEET;
THENCE SOUTH 40'52'50" EAST A DISTANCE OF 101.87 FEET;
THENCE SOUTH 34'42'50" EAST A DISTANCE OF 67.20 FEET;
THENCE SOUTH 24'38'48" EAST A DISTANCE OF 27.97 FEET;
THENCE SOUTH 24'04'21" WEST A DISTANCE OF 40.68 FEET;
THENCE SOUTH 22'55'30" WEST A DISTANCE OF 27.70 FEET;
THENCE SOUTH 29'55'01" WEST A DISTANCE OF 42.25 FEET;
THENCE SOUTH 62'45'43" WEST A DISTANCE OF 31.78 FEET;
THENCE SOUTH 73'27'42" WEST A DISTANCE OF 39.10 FEET;
THENCE SOUTH 19'26'45" EAST A DISTANCE OF 307.63 FEET;
THENCE SOUTH 07'48'10" EAST A DISTANCE OF 309.69 FEET;
THENCE SOUTH 11'25'47" WEST A DISTANCE OF 195.01 FEET;
THENCE SOUTH 01'49'00" WEST A DISTANCE OF 136.34 FEET;
THENCE SOUTH 08'35'14" EAST A DISTANCE OF 247.28 FEET;
THENCE NORTH 83'31'42" EAST A DISTANCE OF 138.31 FEET;
THENCE NORTH 79'24'46" EAST A DISTANCE OF 267.94 FEET;
THENCE SOUTH 84'57'16" EAST A DISTANCE OF 141.81 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 25;
THENCE SOUTH 00'10'45" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 507.20
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00'13'04" EAST A
DISTANCE OF 2,580.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 2,655.46 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
GEORGE W. HACKNEY P.S.M. 5606
9B35-SD.RTF
REF. ABB DWG #9835-SD
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LEGAL DESCRIPTION OF SSA 158 (CAMP KEAtS STRAND)
A PARCEL OF LAND LYING IN SECTIONS 23, 24, 25, 26, 35 AND 36, TOWNSHIP 48
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503998.04 N. 696342.69, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 88"48'12" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 36 A
DISTANCE OF 2,649.56 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89'21'28" WEST A
DISTANCE OF 2,653.09 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 57"39'35" WEST A DISTANCE OF
2,712.87 FEET;
THENCE NORTH 05'18'14" EAST A DISTANCE OF 836.62 FEET;
THENCE NORTH 04'39'23" EAST A DISTANCE OF 580.69 FEET;
THENCE NORTH 05'49'50" EAST A DISTANCE OF 271.78 FEET;
THENCE NORTH 04'20'16" EAST A DISTANCE OF 459.30 FEET;
THENCE NORTH 01'45'42" WEST A DISTANCE OF 193.45 FEET;
THENCE SOUTH 85'05'02" EAST A DISTANCE OF 160.07 FEET;
THENCE NORTH 51'55'46" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 42"40'06" EAST A DISTANCE OF 92.10 FEET;
THENCE NORTH 15'27'36" EAST A DISTANCE OF 120.57 FEET;
THENCE NORTH 19"57'18" EAST A DISTANCE OF 116.62 FEET;
THENCE NORTH 11'53'45" WEST A DISTANCE OF 209.57 FEET;
THENCE NORTH 01'34'50" EAST A DISTANCE OF 187.95 FEET;
THENCE NORTH 01'30'27" WEST A DISTANCE OF 462.02 FEET;
THENCE NORTH 22"38'12" WEST A DISTANCE OF 56.27 FEET;
THENCE NORTH 61'25'47" WEST A DISTANCE OF 122.11 FEET;
THENCE NORTH 06"30'13" WEST A DISTANCE OF 53.19 FEET;
THENCE NORTH 13'16'08" EAST A DISTANCE OF 52.98 FEET;
THENCE NORTH 39'21'18" EAST A DISTANCE OF 119.40 FEET;
THENCE NORTH 36'20'47" EAST A DISTANCE OF 105.24 FEET;
THENCE NORTH 04'40'17" EAST A DISTANCE OF 57.99 FEET;
THENCE NORTH 12'46'53" WEST A DISTANCE OF 101.02 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 26 SAID INTERSECTION BEING 839.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 26;
THENCE NORTH 13'15'52" WEST A DISTANCE OF 101.60 FEET;
THENCE NORTH 36'36'20" WEST A DISTANCE OF 89.11 FEET;
THENCE NORTH 29'44'50" WEST A DISTANCE OF 115.20 FEET;
THENCE NORTH 09'09'24" WEST A DISTANCE OF 164.15 FEET;
THENCE NORTH 37'22'16" WEST A DISTANCE OF 191.94 FEET;
THENCE NORTH 01"53'52" EAST A DISTANCE OF 169.01 FEET;
THENCE NORTH 12"21'05" EAST A DISTANCE OF 153.91 FEET;
THENCE NORTH 02'52'28" WEST A DISTANCE OF 79.85 FEET;
THENCE NORTH 04"42'01" WEST A DISTANCE OF 188.14 FEET;
THENCE NORTH 05"18'10" EAST A DISTANCE OF 141.13 FEET;
THENCE NORTH 04"00'14" WEST A DISTANCE OF 53.56 FEET;
THENCE NORTH 18'11'52" WEST A DISTANCE OF 55.60 FEET;
SHEET 7 OF 10
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THENCE NORTH 43"54'56" WEST A DISTANCE OF 66.15 FEET;
THENCE NORTH 26"18'31" EAST A DISTANCE OF 60.32 FEET;
THENCE NORTH 20"35'07" EAST A DISTANCE OF 32.29 FEET;
THENCE NORTH 08"55'04" EAST A DISTANCE OF 24.62 FEET;
THENCE NORTH 20"58'50" EAST A DISTANCE OF 68.27 FEET;
THENCE NORTH 23"08'23" EAST A DISTANCE OF 126.47 FEET;
THENCE NORTH 20"39'14" EAST A DISTANCE OF 146.49 FEET;
THENCE NORTH 23"06'08" EAST A DISTANCE OF 163.41 FEET;
THENCE NORTH 22"46'34" EAST A DISTANCE OF 139.86 FEET;
THENCE NORTH 21"33'29" EAST A DISTANCE OF 127.20 FEET;
THENCE NORTH 24"45'08" EAST A DISTANCE OF 219.78 FEET;
THENCE NORTH 40"14'35" EAST A DISTANCE OF 81.92 FEET;
THENCE NORTH 41"31'07" EAST A DISTANCE OF 107.63 FEET;
THENCE NORTH 39"12'40" EAST A DISTANCE OF 196.84 FEET;
THENCE NORTH 38"51'54" EAST A DISTANCE OF 227.34 FEET;
THENCE NORTH 34"20'53" EAST A DISTANCE OF 162.48 FEET;
THENCE NORTH 25"18'21" EAST A DISTANCE OF 162.93 FEET;
THENCE NORTH 19"40'31" EAST A DISTANCE OF 170.27 FEET;
THENCE NORTH 18"50'26" EAST A DISTANCE OF 182.59 FEET;
THENCE NORTH 09"15'59" EAST A DISTANCE OF 164.06 FEET;
THENCE NORTH 06"54'51" EAST A DISTANCE OF 97.18 FEET;
THENCE NORTH 04"29'23" EAST A DISTANCE OF 41.55 FEET;
THENCE NORTH 01"27'29" EAST A DISTANCE OF 125.88 FEET;
THENCE NORTH 04"56'45" WEST A DISTANCE OF 136.22 FEET;
THENCE NORTH 05"43'21" WEST A DISTANCE OF 134.08 FEET;
THENCE NORTH 06"35'55" WEST A DISTANCE OF 167.68 FEET;
THENCE NORTH 06"09'39" WEST A DISTANCE OF 150.20 FEET;
THENCE NORTH 06"27'54" WEST A DISTANCE OF 194.09 FEET;
THENCE NORTH 04"45'41" WEST A DISTANCE OF 119.06 FEET;
THENCE NORTH 07"58'21" WEST A DISTANCE OF 103.11 FEET;
THENCE NORTH 04"18'44" WEST A DISTANCE OF 116.13 FEET;
THENCE NORTH 11"40'05" WEST A DISTANCE OF 181.99 FEET;
THENCE NORTH 39"52'26" WEST A DISTANCE OF 62.40 FEET;
THENCE NORTH 62"05'18" WEST A DISTANCE OF 102.75 FEET;
THENCE NORTH 69"12'33" WEST A DISTANCE OF 96.04 FEET;
THENCE NORTH 66"23'57" WEST A DISTANCE OF 134.99 FEET;
THENCE NORTH 69"31'46" WEST A DISTANCE OF 98.07 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 23 SAID INTERSECTION BEING 1055.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 23;
THENCE NORTH 50"04'58" WEST A DISTANCE OF 109.18 FEET;
THENCE NORTH 40"57'42" WEST A DISTANCE OF 84.31 FEET;
THENCE NORTH 24.20'07" WEST A DISTANCE OF 80.53 FEET;
THENCE NORTH 23"48'52" WEST A DISTANCE OF 83.55 FEET;
THENCE NORTH 33"54'40" WEST A DISTANCE OF 95.19 FEET;
THENCE NORTH 15"28'34" WEST A DISTANCE OF 98.67 FEET;
THENCE NORTH 08"29'42" WEST A DISTANCE OF 133.29 FEET;
THENCE NORTH 15"57'41" WEST A DISTANCE OF 87.05 FEET;
THENCE NORTH 13"26'04" WEST A DISTANCE OF 132.70 FEET;
THENCE NORTH 16"50'23" WEST A DISTANCE OF 102.82 FEET;
THENCE NORTH 12.00'07" WEST A DISTANCE OF 137.19 FEET;
THENCE NORTH 05"51'20" WEST A DISTANCE OF 79.57 FEET;
THENCE NORTH 05"34'56" WEST A DISTANCE OF 146.86 FEET;
THENCE NORTH 01"49'23" WEST A DISTANCE OF 49.22 FEET;
THENCE NORTH 12"30'05" EAST A DISTANCE OF 51.18 FEET;
THENCE NORTH 21"40'04" EAST A DISTANCE OF 94.48 FEET;
THENCE NORTH 25"07'46" EAST A DISTANCE OF 112.36 FEET;
SHEET 8 OF 10
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THENCE NORTH 25"47'38" EAST A DISTANCE OF 66.83 FEET;
THENCE NORTH 20'27'50" EAST A DISTANCE OF 100.27 FEET;
THENCE NORTH 28"18'26" EAST A DISTANCE OF 87.91 FEET;
THENCE NORTH 72"22'33" EAST A DISTANCE OF 229.62 FEET;
THENCE NORTH 81'13'06" EAST A DISTANCE OF 87.23 FEET;
THENCE NORTH 76"16'58" EAST A DISTANCE OF 125.96 FEET;
THENCE NORTH 49"38'24" EAST A DISTANCE OF 57.87 FEET;
THENCE NORTH 05"49'49" WEST A DISTANCE OF 103.32 FEET;
THENCE NORTH 13"59'34" WEST A DISTANCE OF 62.17 FEET;
THENCE NORTH 07"54'22" WEST A DISTANCE OF 107.99 FEET;
THENCE NORTH 13"06'47" WEST A DISTANCE OF 69.50 FEET;
THENCE NORTH 10"11'08" WEST A DISTANCE OF 138.34 FEET;
THENCE NORTH 12"51'24" WEST A DISTANCE OF 62.47 FEET;
THENCE NORTH 09"27'39" WEST A DISTANCE OF 88.99 FEET;
THENCE NORTH 09'55'20" WEST A DISTANCE OF 65.09 FEET;
THENCE NORTH 12'02'18" WEST A DISTANCE OF 110.05 FEET;
THENCE NORTH 06"05'00" WEST A DISTANCE OF 39.47 FEET;
THENCE NORTH 10'41'56" EAST A DISTANCE OF 56.71 FEET;
THENCE NORTH 54"56'27" EAST A DISTANCE OF 109.81 FEET;
THENCE NORTH 61"26'14" EAST A DISTANCE OF 90.22 FEET;
THENCE NORTH 57'14'49" EAST A DISTANCE OF 85.00 FEET;
THENCE NORTH 59'06'08" EAST A DISTANCE OF 118.93 FEET;
THENCE NORTH 61"08'47" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 61"03'12" EAST A DISTANCE OF 121.80 FEET;
THENCE NORTH 57'31'08" EAST A DISTANCE OF 72.57 FEET;
THENCE NORTH 61"16'47" EAST A DISTANCE OF 55.84 FEET;
THENCE NORTH 26"34'41" WEST A DISTANCE OF 68.57 FEET;
THENCE NORTH 25"06'55" WEST A DISTANCE OF 93.27 FEET;
THENCE NORTH 18"31'00" WEST A DISTANCE OF 99.13 FEET;
THENCE NORTH 21 '39'41" WEST A DISTANCE OF 82.80 FEET;
THENCE NORTH 15'57'41" WEST A DISTANCE OF 65.82 FEET;
THENCE NORTH 10"03'49" WEST A DISTANCE OF 86.61 FEET;
THENCE NORTH 03'48'57" WEST A DISTANCE OF 71.60 FEET;
THENCE NORTH 00'50'08" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 02'01'15" EAST A DISTANCE OF 78.59 FEET;
THENCE NORTH 02'37'36" EAST A DISTANCE OF 56.04 FEET;
THENCE NORTH 06'01'07" EAST A DISTANCE OF 96.99 FEET;
THENCE NORTH 07'10'05" EAST A DISTANCE OF 78.37 FEET;
THENCE NORTH 11"01'52" EAST A DISTANCE OF 70.22 FEET;
THENCE NORTH 15'13'34" EAST A DISTANCE OF 134.63 FEET;
THENCE NORTH 28'06'49" EAST A DISTANCE OF 285.38 FEET;
THENCE NORTH 33'19'49" EAST A DISTANCE OF 28.19 FEET;
THENCE NORTH 17'54'50" EAST A DISTANCE OF 34.34 FEET;
THENCE NORTH 14'52'14" EAST A DISTANCE OF 67.48 FEET;
THENCE NORTH 27'45'10" EAST A DISTANCE OF 75.34 FEET;
THENCE NORTH 23'00'06" EAST A DISTANCE OF 62.30 FEET;
THENCE NORTH 23'41'39" EAST A DISTANCE OF 97.76 FEET;
THENCE NORTH 20'25'55" EAST A DISTANCE OF 81.84 FEET;
THENCE NORTH 19'57'25" EAST A DISTANCE OF 94.22 FEET;
THENCE NORTH 19'41'57" EAST A DISTANCE OF 62.56 FEET;
THENCE NORTH 20"16'19" EAST A DISTANCE OF 85.89 FEET;
THENCE NORTH 33'00'15" EAST A DISTANCE OF 55.51 FEET;
THENCE NORTH 46"31'17" EAST A DISTANCE OF 42.87 FEET;
THENCE NORTH 53'54'57" EAST A DISTANCE OF 32.94 FEET;
THENCE NORTH 12'23'19" EAST A DISTANCE OF 173.40 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE
SHEET 9 OF 10
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RADIUS POINT BEARS SOUTH 06"19'16" EAST A DISTANCE OF 2,910.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 01"31'15" AN ARC DISTANCE OF 77.24 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OIL WELL ROAD (C.R. 858);
THENCE NORTH 89"44'59" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 393.70 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID
SECTION 24;
THENCE CONTINUING ALONG SAID LINE NORTH 89"44'03" EAST A DISTANCE OF
2,683.75 FEET;
THENCE CONTINUING ALONG SAID LINE NORTH 89"44'56" EAST A DISTANCE OF
2,676.12 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 24;
THENCE LEAVING SAID LINE SOUTH 00"35'36" WEST A DISTANCE OF 2,544.30 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 24;
THENCE SOUTH 00"11'38" EAST A DISTANCE OF 2,676.34 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 24;
THENCE SOUTH 00"11'37" WEST ALONG THE EAST LINE OF THE AFORESAID SECTION
25 A DISTANCE OF 5,996.58 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25;
THENCE SOUTH 00"32'35" WEST A DISTANCE OF 2,594.70 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 36;
THENCE SOUTH 00"07'35" EAST A DISTANCE OF 2,599.90 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 36 AND THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 2,603.52 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
GEORGE W. HACKNEY P.S.M. 5606
9843-SD.RTF
REF. ABB DWG #9843-SD
SHEET 10 OF 10
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EXHIBIT Z.
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STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH and CDC SSA 15)
THIS STEWARDSHIP SENDING AREA CREDIT AGREEMEN~ ,reinafter
referred to as the "Agreement") is made and entered into this day of
~rf'l,,,,^,,,hlK , 2008, by and between COLLIER COUNTY, a political subdivision of
~Iorida, hereinafter referred to as "County" whose mailing address is the
Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Collier
Land Holdings, Ltd.. a Florida Limited Partnership ("CLH") and CDC Land
Investments, LLC, a Florida Limited Liability Company ("CDC") hereinafter referred to
as "Owners", whose mailing address is 3003 Tamiami Trail North,Suite 400, Naples,
Florida 34103, for the purpose of designating a "Stewardship Sending Area" ("SSA")
on certain lands belonging to Owner, eliminating Land Use Layers from said lands,
and assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06. of the
Collier County Land Development Code ("LDC").
WITNESSETH:
WHEREAS, CLH and CDC are the owners of approximately five thousand two
hundred and fifty nine (5,259.0) acres of land within the boundaries of the Rural
Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida, which land is the subject of a Stewardship Sending Area Application
(Application 2007-AR-12768) filed by Owner with Collier County, Florida; and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related
to CLH and CDC, has submitted application to Collier County, South Florida Water
Management District and the United States Department of Army, Corps of Engineers
for authorization to develop the Town of Big Cypress located within the RLSA District;
WHEREAS, CEMI has advised Collier County that the Town of Big Cypress
will be developed consistent with the provisions of Article 4.09.00 of the Collier
County Land Development Code, which will include the submittal of a Stewardship
Receiving Area (SRA) application pursuant to Section 4.08.07 of the Collier County
Land Development Code;
WHEREAS, in order to develop the Town of Big Cypress in accordance with
Article 4.08.00, CEMI is required under Section 4.08.07 to exchange Stewardship
Credits granted under Section 4.08.06 in order to receive additional residential or
non-residential entitlements for the SRA;
WHEREAS, Owner has requested that the five thousand two hundred and fifty
nine (5,259.0) acre parcel legally described in the attached Exhibit "A" (hereinafter
referred to as "CLH and CDC SSA 15") and depicted on Exhibit "B" be designated as
a Stewardship Sending Area in accordance with and pursuant to Section 4.08.06. of
the Collier County Land Development Code, to establish Stewardship Credits for
CEMI to develop lhe Town of Big Cypress SRA; and
SSA 15 Credit Agreement 10-15-08 1
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WHEREAS, Owner has submitted, and the County has reviewed, a SSA
Designation Application filed with the County on January 17, 2008 for the CLH and
CDC SSA 15 land described in Exhibit "A" and
WHEREAS, Collier County has reviewed the SSA Designation Application,
along with all support documentation and information required by Section 4.08.06. of
the Collier County LDC and determined that the Owner's application is legally
sufficient and should be granted; and
WHEREAS, the County and Owner have reached agreement concerning the
number of Stewardship Credits that are to be generated by the designation of the
CLH and CDC SSA 15 described in Exhibit "A" as a SSA, and the parties further
intend to specify the land uses that are eliminated from, and those land uses that
remain on, CLH and CDC SSA 15; and
WHEREAS, the County and Owner agree that this Agreement is in compliance
with and fully meets the requirements of the Collier County Growth Management Plan
and LDC and is of substantial benefit to the general public.
NOW THEREFORE in consideration of the above premises and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and in further consideration of the mutual covenants contained
herein, the parties agree as follows:
1.
Land Desianated as SSA.
CLH and CDC SSA 15 as described in Exhibit "A", consisting of
approximately five thousand two hundred and fifty nine (5,259.0) acres, is hereby
designated a Stewardship Sending Area ("SSA"), and officially designated as SSA 15
("CLH and CDC SSA 15").
2.
Land Use Lavers.
The following Land Use Layers as described in the Land Use Matrix in
Section 4.08.06 8.4. of the Collier County LDC are hereby eliminated from and
prohibited within CLH and CDC SSA 15.
a. Within CLH and CDC SSA 15, Land Use Layers 1 through 4, inclusive,
as described in Section 4.08.06 8.4. of the LDC, are hereby eliminated on five
thousand two hundred and fifty nine (5,259.0) acres of SSA 15 designated as
AG-1 on Exhibit "C." The area designated as AG-1 on Exhibit "C" may be
utilized for the uses included within Agriculture - Group 1 (Land Use Layer 5),
Agriculture - Support Uses (Land Use Layer 6), Agriculture - Group 2 (Land
Use Layer 7), and Conservation, Restoration, and Natural Resources (Land
Use Layer 8).
2
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b. The Owner reserves the right pursuant to Section 4.08.06 of the LOC to
amend this SSA in the future to remove one or more additional Land Use
Layers and/or for restoration activities in return for additional Stewardship
Credits. Nothing in this provision, Agreement, Stewardship Easement
Agreement or the County LOC shall preclude the Owner's right to remove one
or more additional Land Use Layers and/or restoration activities for use as
compensation, mitigation or conservation measures under any program
established by the County, state or federal statute, regulation or ordinance.
c. The County agrees that the removal of Land Use Layers to generate
Stewardship Credits under this Agreement does not preclude the use of such
removal as compensation, mitigation or conservation measures under any
program established by County, state or federal statute, regulation or
ordinance for activities conducted in a Stewardship Receiving Area utilizing the
Stewardship Credits generated through this Agreement. The County also
agrees that nothing in this Agreement, Stewardship Easement or County LOC
precludes the Owner's right to remove one or more additional Land Use
Layers and/or restoration activities for use as compensation, mitigation or
conservation measures under any program established by County, state or
federal statute, regulation or ordinance.
3.
Natural Resource Index Assessment.
A Natural Resource Index Assessment Worksheet ("Worksheet") for
CLH and COC SSA 15 is attached to this Agreement as Exhibit "0". The Worksheet
quantifies the number of acres by Index Values, sets forth the level of conservation,
identifies the land designated for restoration, sets forth the restoration potential and
establishes the number of Stewardship Credits generated. The Worksheet also
quantifies the number of Early Entry Bonus Credits generated by the designation of
CLH and COC SSA 15. The total number of Stewardship Credits hereby generated
and assigned to Owner by this Agreement for CLH and COC SSA 15 are seven
thousand two hundred and sixty one and eight tenths (7,261.8) Stewardship Credits,
all of which are immediately available and may be sold, transferred, or otherwise
utilized by the Owner in accordance with Section 4.08.06. of the Collier County LOC.
4.
Exchanqe Rate.
The Stewardship Credits generated and assigned for the establishment
of the SSA on CLH and COC SSA 15 herein may be transferred to a Stewardship
Receiving Area (SRA) in exchange for the development of land at the rate of eight (8)
stewardship Credits for the development of one acre of land in a SRA.
5.
Land Manaqement Measures.
On those lands within CLH and COC SSA 15 on which Land Use layers 1
through 4 are eliminated, land management measures may consist of one or more of
the following: brush clearing, mechanical brush control ("chopping"), prescribed burning,
SSA 15 Credit Agreement 10-15-08 3
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other exotic and nuisance species control, fence construction and maintenance,
silvaculture management, and ditch and ranch road maintenance, to maintain the land
in its existing condition. In addition to the land management measures listed above, the
following land management measures may be utilized; such as disking; irrigation, ditch,
dike and pumping construction and maintenance; farm road construction and
maintenance; storage of farming equipment; and other practices associated with the
uses under Land Use Layers 5 - 8, inclusive, may be utilized.
6.
References.
The references herein to the LOC provisions are those contained in
Section 4.08.06. of the Collier County LOC existing as of the date this Agreement
becomes effective and those provisions of the LOC shall control as to the rights,
obligations, implementation or interpretations of this Agreement and rights of Owner
in the CLH and COC SSA 15, unless the Owner elects in writing that subsequently
enacted LOC provision may govern the provisions of this Agreement.
7.
Lavers Included.
The retention of any Land Use Layer also includes the retention of all
Land Use Layers that are less intensive in nature and that are listed below that Land
Use Layer (higher numbered layers) in Section 4.08.06 BA. of the LOC, including the
retention of Conservation Restoration and Natural Resource uses as contained in the
Land Use Matrix contained in Section 4.08.06 BA.b. of the LOC.
8.
Restriction on Land Use Amendments.
Upon designation of the land described in Exhibit "A" as an SSA, the
Owner shall not seek or request, and the County shall not grant nor approve, any
increase in the density or any additional uses beyond those specified in this
Agreement. One thousand eight hundred and twenty six and nine tenths (1,826.9)
acres of the lands subject to this Agreement are within a Habitat Stewardship Area
(HSA) and two thousand one hundred and ninety eight and five tenths (2,198.5)
acres of the lands subject to this Agreement are within a Flow Way Stewardship Area
(FSA) and one thousand two hundred and twenty two, three tenths (1,222.3) acres of
Water Retention Area (WRA) and eleven and two tenths (11.2) acres are designated
as open depicted on the RLSA Overlay Map, officially entitled "Collier County Rural
and Agricultural Area Assessment Stewardship Overlay Map". Upon designation of
these lands as an SSA, the Owner shall neither seek nor request, and the County
shall not in violation of Sections 4.08.06 A.2. and 3., thereafter grant or approve any
expansion or conversion of agricultural land uses. Notwithstanding any condition
herein to the contrary, this Agreement and the Stewardship easement shall terminate
on November 18, 2013 unless the CLH and COC SSA 15 Stewardship Credits have
been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress
SRA has received all necessary final and non-appealable local, state, and federal
permits other than a plat, site development plan, or building permit, necessary to
commence construction of the Town. All affirmative obligations and negative
4
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16All
covenants contained in this Agreement and the Stewardship Easement shall be null
and void upon such termination without further action from the parties hereto. Upon
such termination the land shall revert to its underlying zoning classification as of the
date of this Agreement, free and clear of any encumbrance from the Stewardship
Easement. If requested by the Owner, Collier County shall provide a written release
and termination of this Agreement and the Stewardship easement for recording in the
public records within fifteen (15) days of the request from the owner. Collier County
shall update the overlay map to reflect the termination of CLH and CDC SSA 15 or
any SRA.
9.
Effectiveness.
This Agreement shall be effective upon its execution by both parties.
The terms, conditions, and obligations hereunder shall constitute covenants that run
with the land and may be enforceable by either party in the circuit courts for the 20lh
Judicial Circuit in Collier County. In the event that either party hereto shall institute
legal proceedings in connection with or for the enforcement of this Agreement, the
prevailing party shall be entitled to an award of reasonable attorney's fees, costs and
expenses, to be taxed by a court of competent jurisdiction, which are directly related
to any court trial and appellate proceedings.
10.
Easement Aareement.
Attached hereto as Exhibit "E" is a copy of the Stewardship Easement
Agreement (without Exhibits) that will be executed by Owner and recorded by the
Escrow agent in accordance with the terms of the Escrow Agreement executed
simultaneously with this Agreement. The Stewardship Easement Agreement grants a
perpetual easement in favor of Collier County and the Florida Department of
Agriculture and Consumer Services setting forth specific land management measures
and the party responsible for such measures for the CLH and CDC SSA 15 land
described in Exhibit "A" which is the subject of this Agreement.
11. FSNHSAlWRA Lands.
Five thousand two hundred and fifty nine (5,259.0) acres of CLH and
CDC SSA 15 are within a Habitat Stewardship Area (HSA), Flow Way Stewardship
Area (FSA), WRA and Open Area contiguous to the Camp Keais Slrand Flow-way.
The HSA, FSA, and WRA lands are depicted on Exhibit "F".
12. Successors and Assians.
As used in this Agreement the term "Owner" shall include the owner, its
successors and assigns of any of the CLH and CDC SSA 15 land described in Exhibit
"A".
SSA 15 Credit Agreement 10-15-08
5
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13. Amendments.
This Agreement may only be amended by written agreement of all
parties hereto.
6
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be exe~u~p~Jheir duly authorized officers or representatives and their official seals
heretcfafllxed the:':d;5ly and year first written above.
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BOARD OF COUNTY COMMISSIONERS
COLLIER OUNT.Y FLORIDA
APPROVED AS TO FORM AND
LEGAijUFFICIENCY:
By: A.d..! /1( Clto @
Heidi Ashton-Cicko, Assistant County Attorney
Land use Section, Chief
SSA 15 Credit Agreement 10-15-08
7
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WITNESS:
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(Signature)
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(Print fUII.~am)4
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[<,:/ C::::c.f,.p(,~,..r
(Print full name)
WITNESS:
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(Signature)
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(Printfull name)
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COLLIER LAND HOLDINGS, L TO,
a Florida Limited Partnership
By:
Collier Enterprises, Inc.
a Florida Corporation,
it's General Partner
By: ~
Printed Nal1Je: _ fo~. u-nti
Title: #c.e I'~"<Y./,L
CDC Land Investments, LLC,
a Florida Limited .ability Company.
By:
Printed Name:
Title: v7d
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Sending Area Credit Agreement was executed before me
this -LL day of cy 1 I' \';~--p, ,2008, by ~,~e,L'''T J) C'o" ,>J~, as
\/I('l~ .0"",.,.""""1 r of Collier Enterprises, Inc., General Partner of CLH Land
Holdings, Ltd.
Q)" SAl!INA E. HARDY
, .~ MY COMMISSION' DO 823367
: i! EXPiRES, Oclcbe, 28, 2010
..' BondedThruNalaryPublicUIlOerwrIttrI
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<-~"----- -~,r-:i: ,_':~..,---,.--, -ILL <_\ \. ./
Notary Public
Name: ';'{\~ "".'t F_ H->'I ,'. [\ c ,
Certificate No. bil l<;I.?).3bl /
My Commission expires: 1')12 y26J 0
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Sending Area Credit Agreement was executed before me
this ~ day of ex. 1 D "f'--''-. ,2008, by 1; /}'''.''=I'- T j') (".~ 'LI'-'A-, as
b,(' p. 1"'1;,,,1'"" "Ir of Collier Enterprises, Inc., General Partner of CDC Land
Investments, LLC
c-- .;.u. .<:~:-\-\c,..-J..._ /-
Notary Public '
Name: ~::-"'.1.'4",., [;. tJ"",~[)U
Certificate No. Dr> 7,;< );4 '07 ./
My Commission expires: i r/> 1"/2.01 C
I I
SSA 15 Credit Agreement 10.15-08
9
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LIST OF EXHIBITS
CLH and CDC SSA 15 Credit Agreement
Exhibit "A" CLH and CDC SSA 15 Land Legal Description
Exhibit "8" CLH and CDC SSA 15 (5,259.0 acre parcel) depicted on Map of SSA
Land
Exhibit "C" Retained Land Uses
Exhibit "0" Natural Resource Index Assessment Worksheet
Exhibit "E" Stewardship Easement Agreement
Exhibit "F" FSA I HSA I WRA I Open Lands
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CLH and CDC SSA 15
CREDIT AGREEMENT
SSA 15 Credit Agreement 10-15-08 11
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LEGAL DESCRIPTION OF SSA 15A (SHAGGY CYPRESS)
A PARCEL OF LAND LYING IN SECTIONS 25,26 AND 35, TOWNSHIP 47 SOUTH, RANGE
28 EAST AND SECTIONS 1, 2, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 25 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503802.76 N. 734035.22, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 89'57'36' WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 25 A
DISTANCE OF 5,356.62 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;
THENCE SOUTH 00'00'30' WEST ALONG THE EASTERLY LINE OF SAID SECTION 35 A
DISTANCE OF 5,190.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1;
THENCE NORTH 89'36'41' EAST ALONG THE NORTHERLY LINE OF SAID SECTION 1 A
DISTANCE OF 4,249.85 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'43'12' EAST A DISTANCE OF
5,303.27 FEET;
THENCE SOUTH 89'00'09" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 23.81
FEET;
THENCE SOUTH 00'44'30" EAST A DISTANCE OF 5,387.66 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1541.40
FEET EASTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89'24'56' EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 151.63
FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 01'11'02" EAST ALONG THE
WESTERLY LINE OF THE EASTERLY 60 ACRES OF THE NORTHEAST QUARTER OF
SAID SECTION 13A DISTANCE OF 2,688.15 FEET TO AN INTERSECTION WITH THE
EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89'32'26" WEST ALONG SAID EAST-
WEST QUARTER SECTION LINE A DISTANCE OF 1692.67 FEET TO THE CENTER OF
SAID SECTION 13;
THENCE LEAVING SAID EAST-WEST QUARTER SECTION LINE SOUTH 01'11'28" EAST A
DISTANCE OF 2,537.89 FEET TO AN INTERSECTION WITH A LINE 150 FEET NORTHERLY
FROM AND PARALLEL WITH THE SOUTH LINE OF SECTION 13;
THENCE SOUTH 89'44'03' WEST ALONG SAID PARALLEL LINE A DISTANCE OF 2,682.71
FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'59' WEST A
DISTANCE OF 589.38 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 26'46'25" WEST A DISTANCE OF 63.29
FEET;
THENCE NORTH 26'17'00" WEST A DISTANCE OF 91.71 FEET;
THENCE NORTH 26'33'19" WEST A DISTANCE OF 68.60 FEET;
THENCE NORTH 25'26'28' WEST A DISTANCE OF 76.21 FEET;
THENCE NORTH 25'08'06" WEST A DISTANCE OF 72.93 FEET;
THENCE NORTH 25'33'36" WEST A DISTANCE OF 147.24 FEET;
THENCE NORTH 26'24'17" WEST A DISTANCE OF 89.07 FEET;
THENCE NORTH 26'47'35" WEST A DISTANCE OF 74.57 FEET;
THENCE NORTH 27'58'24' WEST A DISTANCE OF 87.52 FEET;
THENCE NORTH 25'28'45" WEST A DISTANCE OF 132.49 FEET;
THENCE NORTH 24'58'47' WEST A DISTANCE OF 92.76 FEET;
SHEET 9 OF 16
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THENCE NORTH 25'09'02" WEST A DISTANCE OF 87.60 FEET;
THENCE NORTH 26'20'10" WEST A DISTANCE OF 100.90 FEET;
THENCE NORTH 25'24'13" WEST A DISTANCE OF 101.38 FEET;
THENCE NORTH 26'35'58" WEST A DISTANCE OF 87.72 FEET;
THENCE NORTH 24'32'43" WEST A DISTANCE OF 85.64 FEET;
THENCE NORTH 25'50'26" WEST A DISTANCE OF 87.70 FEET;
THENCE NORTH 24'59'46" WEST A DISTANCE OF 84.63 FEET;
THENCE NORTH 25'53'19" WEST A DISTANCE OF 84.20 FEET;
THENCE NORTH 25'34'24" WEST A DISTANCE OF 80.98 FEET;
THENCE NORTH 26'43'31" WEST A DISTANCE OF 92.92 FEET;
THENCE NORTH 25'54'39" WEST A DISTANCE OF 78.03 FEET;
THENCE NORTH 24'14'51" WEST A DISTANCE OF 82.73 FEET;
THENCE NORTH 24'44'08" WEST A DISTANCE OF 93.06 FEET;
THENCE NORTH 27'54'57" WEST A DISTANCE OF 85.72 FEET;
THENCE NORTH 23'50'38" WEST A DISTANCE OF 90.32 FEET;
THENCE NORTH 26'17'26" WEST A DISTANCE OF 75.53 FEET;
THENCE NORTH 17'15'37" EAST A DISTANCE OF 32.15 FEET;
THENCE NORTH 52'01'20" EAST A DISTANCE OF 99.82 FEET;
THENCE NORTH 80'36'05" EAST A DISTANCE OF 59.59 FEET;
THENCE NORTH 81'27'09" EAST A DISTANCE OF 61.88 FEET;
THENCE NORTH 87'12'13" EAST A DISTANCE OF 122.63 FEET;
THENCE NORTH 83'40'43" EAST A DISTANCE OF 86.09 FEET;
THENCE NORTH 89'40'25" EAST A DISTANCE OF 95.57 FEET;
THENCE NORTH 85'13'18" EAST A DISTANCE OF 97.58 FEET;
THENCE NORTH 86'54'21" EAST A DISTANCE OF 83.22 FEET;
THENCE NORTH 88'36'00" EAST A DISTANCE OF 79.53 FEET;
THENCE NORTH 86'13'23" EAST A DISTANCE OF 86.83 FEET;
THENCE NORTH 85'00'11" EAST A DISTANCE OF 107.60 FEET;
THENCE NORTH 85'53'58" EAST A DISTANCE OF 76.26 FEET;
THENCE NORTH 84'08'43" EAST A DISTANCE OF 56.48 FEET;
THENCE NORTH 88'15'46" EAST A DISTANCE OF 103.23 FEET;
THENCE NORTH 86'27'39" EAST A DISTANCE OF 396.43 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 14 SAID INTERSECTION BEING 179.10
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 14;
THENCE NORTH 86'55'23" EAST A DISTANCE OF 156.61 FEET;
THENCE NORTH 87'21'40" EAST A DISTANCE OF 178.22 FEET;
THENCE NORTH 89'40'40" EAST A DISTANCE OF 36.48 FEET;
THENCE NORTH 77'38'19" EAST A DISTANCE OF 54.53 FEET;
THENCE NORTH 65'43'58" EAST A DISTANCE OF 41.63 FEET;
THENCE NORTH 52'26'02" EAST A DISTANCE OF 130.64 FEET;
THENCE NORTH 46'29'07" EAST A DISTANCE OF 85.54 FEET TO AN INTERSECTION
WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13 SAID
INTERSECTION BEING 630.40 FEET EASTERLY FROM THE WEST QUARTER CORNER
OF SAID SECTION 13;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 24.40 FEET;
THENCE NORTH 40'15'05" EAST A DISTANCE OF 74.21 FEET;
THENCE NORTH 37'41'31" EAST A DISTANCE OF 65.98 FEET;
THENCE NORTH 36'05'18" EAST A DISTANCE OF 58.14 FEET;
THENCE NORTH 32'31'08"WEST A DISTANCE OF 358.99 FEET;
THENCE NORTH 41'31'42" WEST A DISTANCE OF 109.73 FEET;
THENCE NORTH 46'23'06" WEST A DISTANCE OF 159.87 FEET;
THENCE NORTH 46'16'52"WEST A DISTANCE OF 103.57 FEET;
THENCE NORTH 41'35'05" WEST A DISTANCE OF 117.42 FEET;
THENCE NORTH 35'OO'15"WEST A DISTANCE OF 170.61 FEET;
THENCE NORTH 23'02'42" EAST A DISTANCE OF 34.34 FEET;
SHEET 10 OF 16
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THENCE NORTH 74037'42" EAST A DISTANCE OF 207.18 FEET;
THENCE NORTH 75024'57" EAST A DISTANCE OF 172.74 FEET;
THENCE SOUTH 87035'16" EAST A DISTANCE OF 399.02 FEET;
THENCE SOUTH 88037'38" EAST A DISTANCE OF 296.56 FEET;
THENCE NORTH 88021'17" EAST A DISTANCE OF 47.29 FEET;
THENCE NORTH 25047'51" EAST A DISTANCE OF 56.78 FEET;
THENCE NORTH 15020'56" EAST A DISTANCE OF 172.84 FEET;
THENCE NORTH 07"36'53" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 07"48'32" WEST A DISTANCE OF 47.46 FEET;
THENCE NORTH 37"38'49" WEST A DISTANCE OF 43.91 FEET;
THENCE NORTH 66021'10" WEST A DISTANCE OF 167.29 FEET;
THENCE NORTH 61058'09" WEST A DISTANCE OF 161.69 FEET;
THENCE NORTH 69050'41" WEST A DISTANCE OF 85.97 FEET;
THENCE NORTH 86040'20" WEST A DISTANCE OF 95.51 FEET;
THENCE NORTH 67046'05" WEST A DISTANCE OF 43.26 FEET;
THENCE NORTH 24015'09" EAST A DISTANCE OF 500.93 FEET;
THENCE NORTH 25005'04" EAST A DISTANCE OF 458.19 FEET;
THENCE NORTH 19000'53" EAST A DISTANCE OF 138.95 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1369.63
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE CONTINUING NORTH 19000'53" EAST A DISTANCE OF 116.45 FEET;
THENCE NORTH 16030'39" EAST A DISTANCE OF 235.98 FEET;
THENCE NORTH 18017'25" EAST A DISTANCE OF 462.77 FEET;
THENCE NORTH 18025'35" EAST A DISTANCE OF 71.97 FEET;
THENCE NORTH 23052'15" EAST A DISTANCE OF 89.35 FEET;
THENCE NORTH 23015'16" EAST A DISTANCE OF 108.27 FEET;
THENCE SOUTH 65032'33" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 88036'20" EAST A DISTANCE OF 61.54 FEET;
THENCE NORTH 88053'49" EAST A DISTANCE OF 138.16 FEET;
THENCE SOUTH 87"17'52" EAST A DISTANCE OF 266.66 FEET;
THENCE SOUTH 89055'47" EAST A DISTANCE OF 189.64 FEET;
THENCE SOUTH 88053'25" EAST A DISTANCE OF 152.94 FEET;
THENCE SOUTH 88039'13" EAST A DISTANCE OF 71.15 FEET;
THENCE SOUTH 82032'23" EAST A DISTANCE OF 58.08 FEET;
THENCE NORTH 00035'30" WEST A DISTANCE OF 28.81 FEET;
THENCE NORTH 02042'10" EAST A DISTANCE OF 154.42 FEET;
THENCE NORTH 42044'16" WEST A DISTANCE OF 222.31 FEET;
THENCE NORTH 26043'43" WEST A DISTANCE OF 257.22 FEET;
THENCE NORTH 06001'02" WEST A DISTANCE OF 263.19 FEET;
THENCE NORTH 11008'15" EAST A DISTANCE OF 301.05 FEET;
THENCE NORTH 29025'27" WEST A DISTANCE OF 731.49 FEET;
THENCE NORTH 40058'09" WEST A DISTANCE OF 73.85 FEET;
THENCE NORTH 35048'44" WEST A DISTANCE OF 68.36 FEET;
THENCE NORTH 43011'47" WEST A DISTANCE OF 97.29 FEET;
THENCE NORTH 40046'58" WEST A DISTANCE OF 113.23 FEET;
THENCE NORTH 22001'00" WEST A DISTANCE OF 40.08 FEET;
THENCE NORTH 01036'26" EAST A DISTANCE OF 119.94 FEET;
THENCE NORTH 04046'25" EAST A DISTANCE OF 96.12 FEET;
THENCE NORTH 04052'09" EAST A DISTANCE OF 85.37 FEET;
THENCE NORTH 05055'11" EAST A DISTANCE OF 64.08 FEET;
THENCE NORTH 03056'29" EAST A DISTANCE OF 101.25 FEET;
THENCE NORTH 06047'59" EAST A DISTANCE OF 89.05 FEET;
THENCE NORTH 00044'24" WEST A DISTANCE OF 68.46 FEET;
THENCE NORTH 14026'09" WEST A DISTANCE OF 90.25 FEET;
THENCE NORTH 23050'57" WEST A DISTANCE OF 69.70 FEET;
THENCE NORTH 69058'42" WEST A DISTANCE OF 53.74 FEET;
SHEET 11 OF 16
Ci h,bi~ :J-
2
v\_d..2__
16Al1
THENCE NORTH 74'11'36" WEST A DISTANCE OF 87.05 FEET;
THENCE NORTH 75'06'40" WEST A DISTANCE OF 109.33 FEET;
THENCE NORTH 74'52'26" WEST A DISTANCE OF 95.10 FEET;
THENCE NORTH 75'24'24" WEST A DISTANCE OF 85.47 FEET;
THENCE NORTH 74'55'56" WEST A DISTANCE OF 87.11 FEET;
THENCE NORTH 70'51'51" WEST A DISTANCE OF 62.99 FEET;
THENCE NORTH 80'28'45" WEST A DISTANCE OF 432.16 FEET;
THENCE NORTH 75'56'55" WEST A DISTANCE OF 189.25 FEET;
THENCE NORTH 84'17'04" WEST A DISTANCE OF 230.68 FEET;
THENCE SOUTH 90'00'00" WEST A DISTANCE OF 275.38 FEET;
THENCE NORTH 10'36'15" EAST A DISTANCE OF 373.97 FEET;
THENCE NORTH 06'43'26" EAST A DISTANCE OF 392.43 FEET;
THENCE NORTH 03'33'37" EAST A DISTANCE OF 368.29 FEET;
THENCE NORTH 21"28'38" WEST A DISTANCE OF 92.23 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 1;
THENCE NORTH 27"35'52" WEST A DISTANCE OF 450.15 FEET;
THENCE NORTH 00"31'12" WEST A DISTANCE OF 649.18 FEET;
THENCE NORTH 14"34'51" WEST A DISTANCE OF 408.66 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 2 SAID INTERSECTION BEING 1225.82
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 2;
THENCE CONTINUING NORTH 14"34'51" WEST A DISTANCE OF 4,021.77 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING NORTH 14"34'51" WEST A DISTANCE OF 13.09 FEET;
THENCE SOUTH 88"51'11" WEST A DISTANCE OF 10.76 FEET;
THENCE SOUTH 56"58'49" WEST A DISTANCE OF 23.32 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING SOUTH 56"58'49" WEST A DISTANCE OF 33.70 FEET;
THENCE SOUTH 22"43'29" WEST A DISTANCE OF 85.80 FEET;
THENCE SOUTH 24"46'23" WEST A DISTANCE OF 43.59 FEET;
THENCE SOUTH 45"57'49" WEST A DISTANCE OF 62.57 FEET;
THENCE SOUTH 54"08'59" WEST A DISTANCE OF 138.98 FEET;
THENCE SOUTH 59"34'49" WEST A DISTANCE OF 2,174.40 FEET;
THENCE NORTH 01"47'15" WEST A DISTANCE OF 1,317.67 FEET;
THENCE NORTH 89"32'02" EAST A DISTANCE OF 400.43 FEET;
THENCE NORTH 83"51'48" EAST A DISTANCE OF 23.74 FEET;
THENCE NORTH 86"48'17" EAST A DISTANCE OF 136.06 FEET;
THENCE NORTH 80"50'50" EAST A DISTANCE OF 61.55 FEET;
THENCE NORTH 81'53'57" EAST A DISTANCE OF 29.33 FEET;
THENCE NORTH 02"07'18" WEST A DISTANCE OF 7.27 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE NORTH 00"07'25" WEST A DISTANCE OF 60.18 FEET;
THENCE NORTH 02"43'18" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 03"50'04" WEST A DISTANCE OF 86.63 FEET;
THENCE NORTH 03"48'06" WEST A DISTANCE OF 129.05 FEET;
THENCE NORTH 00"17'54" EAST A DISTANCE OF 50.28 FEET;
THENCE NORTH 10"18'33" EAST A DISTANCE OF 29.57 FEET;
THENCE NORTH 31"41'59" EAST A DISTANCE OF 46.71 FEET;
THENCE NORTH 45"00'54" EAST A DISTANCE OF 36.69 FEET;
THENCE NORTH 50"00'40" EAST A DISTANCE OF 91.43 FEET;
THENCE NORTH 44"03'37" EAST A DISTANCE OF 96.97 FEET;
THENCE NORTH 11 "26'43" EAST A DISTANCE OF 61.84 FEET;
THENCE NORTH 00"50'03" WEST A DISTANCE OF 134.14 FEET;
THENCE NORTH 00"51'17" WEST A DISTANCE OF 88.20 FEET;
THENCE NORTH 00"35'02" WEST A DISTANCE OF 59.85 FEET;
THENCE NORTH 02"02'34" WEST A DISTANCE OF 59.57 FEET;
THENCE NORTH 01'40'17" WEST A DISTANCE OF 74.69 FEET;
SHEET 12 OF 16
['/. h,!:>,~. d-
.:0 ( ;;,2 \-t_
THENCE NORTH 05'47'34" EAST A DISTANCE OF 47.35 FEET;
THENCE NORTH 42'46'16" EAST A DISTANCE OF 48.10 FEET;
THENCE NORTH 88'44'52" EAST A DISTANCE OF 82.87 FEET;
THENCE SOUTH 86'21'09" EAST A DISTANCE OF 55.75 FEET;
THENCE NORTH 74'53'45" EAST A DISTANCE OF 48.76 FEET;
THENCE NORTH 16'58'43" EAST A DISTANCE OF 71.66 FEET;
THENCE NORTH 03'13'06" WEST A DISTANCE OF 95.03 FEET;
THENCE NORTH 03'28'29" WEST A DISTANCE OF 120.99 FEET;
THENCE NORTH 02'30'35" WEST A DISTANCE OF 110.26 FEET;
THENCE NORTH 04'03'11" WEST A DISTANCE OF 140.38 FEET;
THENCE NORTH 01 '55'56" WEST A DISTANCE OF 114.17 FEET;
THENCE NORTH 02'34'31" WEST A DISTANCE OF 116.75 FEET;
THENCE NORTH 01'57'53" WEST A DISTANCE OF 110.50 FEET;
THENCE NORTH 04'01'35" WEST A DISTANCE OF 116.33 FEET;
THENCE NORTH 08'36'36" WEST A DISTANCE OF 79.35 FEET;
THENCE NORTH 10"41'58" WEST A DISTANCE OF 54.87 FEET;
THENCE NORTH 12'03'42" EAST A DISTANCE OF 72.29 FEET;
THENCE NORTH 58'39'31" EAST A DISTANCE OF 43.96 FEET;
THENCE NORTH 75'57'50" EAST A DISTANCE OF 43.12 FEET;
THENCE NORTH 72"18'03" EAST A DISTANCE OF 56.45 FEET;
THENCE NORTH 03'41'33" EAST A DISTANCE OF 36.95 FEET;
THENCE NORTH 04"28'00" WEST A DISTANCE OF 47.30 FEET;
THENCE NORTH 13'04'57" WEST A DISTANCE OF 154.64 FEET;
THENCE NORTH 11'28'17" WEST A DISTANCE OF 136.18 FEET;
THENCE NORTH 12'43'48" WEST A DISTANCE OF 107.31 FEET;
THENCE NORTH 06'43'04" WEST A DISTANCE OF 53.72 FEET;
THENCE NORTH 09'27'22" WEST A DISTANCE OF 46.44 FEET;
THENCE NORTH 11 '05'09" WEST A DISTANCE OF 84.07 FEET;
THENCE NORTH 11 '07'38" WEST A DISTANCE OF 129.37 FEET;
THENCE NORTH 12'11'16" WEST A DISTANCE OF 77.64 FEET;
THENCE NORTH 12'09'04" WEST A DISTANCE OF 131.76 FEET;
THENCE NORTH 10'43'05" WEST A DISTANCE OF 79.28 FEET;
THENCE NORTH 21'31'20" WEST A DISTANCE OF 33.57 FEET;
THENCE NORTH 37'06'49" WEST A DISTANCE OF 54.71 FEET;
THENCE NORTH 55'23'29" WEST A DISTANCE OF 96.58 FEET;
THENCE NORTH 24'36'32" WEST A DISTANCE OF 40.10 FEET;
THENCE NORTH 18'38'31" WEST A DISTANCE OF 81.42 FEET;
THENCE NORTH 04'17'18" WEST A DISTANCE OF 97.52 FEET;
THENCE NORTH 13'41'28" WEST A DISTANCE OF 110.16 FEET;
THENCE NORTH 13'28'02" WEST A DISTANCE OF 108.19 FEET;
THENCE NORTH 09'35'14" WEST A DISTANCE OF 124.18 FEET;
THENCE NORTH 09'44'36" WEST A DISTANCE OF 150.36 FEET;
THENCE NORTH 10'29'08" WEST A DISTANCE OF 149.07 FEET;
THENCE NORTH 09'52'21" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 41'10'44" EAST A DISTANCE OF 66.04 FEET;
THENCE NORTH 32'04'51" WEST A DISTANCE OF 77.59 FEET;
THENCE NORTH 58'19'45" WEST A DISTANCE OF 49.13 FEET;
THENCE NORTH 46'46'22" WEST A DISTANCE OF 218.48 FEET;
THENCE NORTH 44'25'40" WEST A DISTANCE OF 237.38 FEET;
THENCE NORTH 44'29'13" WEST A DISTANCE OF 209.27 FEET;
THENCE NORTH 45'04'50" WEST A DISTANCE OF 125.44 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 35 SAID INTERSECTION BEING 433.01
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 35;
THENCE NORTH 42'14'08" WEST A DISTANCE OF 114.47 FEET;
THENCE NORTH 38'40'42" WEST A DISTANCE OF 42.40 FEET;
THENCE NORTH 09'38'46" WEST A DISTANCE OF 64.45 FEET;
SHEET 13 OF 16
16Al1
fy hi b I r J.--
D\ ,-;JS__
16All
THENCE NORTH 26'16'34" EAST A DISTANCE OF 73.08 FEET;
THENCE NORTH 26'31'40" WEST A DISTANCE OF 21.68 FEET;
THENCE NORTH 42'41'04" WEST A DISTANCE OF 20.65 FEET;
THENCE NORTH 33'30'00" WEST A DISTANCE OF 43.02 FEET;
THENCE NORTH 03'20'03" EAST A DISTANCE OF 89.63 FEET;
THENCE NORTH 02'25'41" EAST A DISTANCE OF 118.59 FEET;
THENCE NORTH 05'32'44" EAST A DISTANCE OF 134.16 FEET;
THENCE NORTH 11'10'01" EAST A DISTANCE OF 113.24 FEET;
THENCE NORTH 02'20'28" EAST A DISTANCE OF 52.91 FEET;
THENCE NORTH 61'14'08" WEST A DISTANCE OF 58.51 FEET;
THENCE NORTH 70'20'56" WEST A DISTANCE OF 34.22 FEET;
THENCE NORTH 88'29'34" WEST A DISTANCE OF 59.39 FEET;
THENCE NORTH 78'14'21" WEST A DISTANCE OF 54.52 FEET;
THENCE NORTH 57"44'47" WEST A DISTANCE OF 45.26 FEET;
THENCE NORTH 28'20'42" WEST A DISTANCE OF 34.15 FEET;
THENCE NORTH 11'55'35" WEST A DISTANCE OF 51.05 FEET;
THENCE NORTH 02'45'26" EAST A DISTANCE OF 64.53 FEET;
THENCE NORTH 17"22'10" EAST A DISTANCE OF 101.30 FEET;
THENCE NORTH 10'24'33" EAST A DISTANCE OF 51.43 FEET;
THENCE NORTH 03'30'18" EAST A DISTANCE OF 31.45 FEET;
THENCE NORTH 05'41'28" WEST A DISTANCE OF 35.78 FEET;
THENCE NORTH 09"41'06"WEST A DISTANCE OF 44.07 FEET;
THENCE SOUTH 63'50'25" WEST A DISTANCE OF 2.84 FEET;
THENCE NORTH 31"35'08" WEST A DISTANCE OF 134.31 FEET;
THENCE NORTH 09'16'02" WEST A DISTANCE OF 79.30 FEET;
THENCE NORTH 08'38'51" EAST A DISTANCE OF 51.26 FEET;
THENCE NORTH 12"49'36" WEST A DISTANCE OF 36.30 FEET;
THENCE NORTH 45'13'53" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 79'00'40" WEST A DISTANCE OF 47.16 FEET;
THENCE SOUTH 86'10'48" WEST A DISTANCE OF 102.27 FEET;
THENCE SOUTH 86'12'06" WEST A DISTANCE OF 120.45 FEET;
THENCE SOUTH 85"27'06" WEST A DISTANCE OF 94.71 FEET;
THENCE SOUTH 87"14'38" WEST A DISTANCE OF 94.89 FEET;
THENCE NORTH 87'01'19" WEST A DISTANCE OF 44.02 FEET;
THENCE NORTH 49'57'52" WEST A DISTANCE OF 28.85 FEET;
THENCE NORTH 09'10'12" EAST A DISTANCE OF 26.57 FEET;
THENCE NORTH 39'47'32" WEST A DISTANCE OF 37.24 FEET;
THENCE NORTH 59'20'26" WEST A DISTANCE OF 49.97 FEET;
THENCE SOUTH 86'25'55" WEST A DISTANCE OF 22.49 FEET;
THENCE NORTH 45'11'48" WEST A DISTANCE OF 32.60 FEET;
THENCE NORTH 04'41'46" WEST A DISTANCE OF 25.03 FEET;
THENCE NORTH 09'12'04" EAST A DISTANCE OF 85.29 FEET;
THENCE NORTH 08'19'57" EAST A DISTANCE OF 112.67 FEET;
THENCE NORTH 06'53'33" EAST A DISTANCE OF 84.63 FEET;
THENCE NORTH 07"32'09" EAST A DISTANCE OF 95.88 FEET;
THENCE NORTH 07"11'59" EAST A DISTANCE OF 94.38 FEET;
THENCE NORTH 07'33'54" EAST A DISTANCE OF 83.75 FEET;
THENCE NORTH 08'31'36" EAST A DISTANCE OF 108.58 FEET;
THENCE NORTH 07"03'34" EAST A DISTANCE OF 100.31 FEET;
THENCE NORTH 02'25'47" EAST A DISTANCE OF 73.69 FEET;
THENCE NORTH 12'30'33" EAST A DISTANCE OF 38.63 FEET;
THENCE NORTH 11'10'33" EAST A DISTANCE OF 57.61 FEET;
THENCE NORTH 06'00'17" EAST A DISTANCE OF 76.12 FEET;
THENCE NORTH 08'48'34" EAST A DISTANCE OF 87.70 FEET;
THENCE NORTH 06'59'40" EAST A DISTANCE OF 77.02 FEET;
THENCE NORTH 1 0'22'09" EAST A DISTANCE OF 86.15 FEET;
SHEET 14 OF 16
C~h,bJ ).-
.:>t 2}J'__
16All
THENCE NORTH 07'27'54" EAST A DISTANCE OF 122.02 FEET;
THENCE NORTH 10'02'32" EAST A DISTANCE OF 94.76 FEET;
THENCE NORTH 07'56'26" EAST A DISTANCE OF 73.09 FEET;
THENCE NORTH 10'28'58" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 08'12'50" EAST A DISTANCE OF 120.55 FEET;
THENCE NORTH 07'27'40" EAST A DISTANCE OF 77.04 FEET;
THENCE NORTH 06'51'33" EAST A DISTANCE OF 105.40 FEET;
THENCE NORTH 07'52'16" EAST A DISTANCE OF 70.03 FEET;
THENCE NORTH 06'33'01" EAST A DISTANCE OF 112.34 FEET;
THENCE NORTH 09'16'45" EAST A DISTANCE OF 81.54 FEET;
THENCE NORTH 07'44'58" EAST A DISTANCE OF 90.43 FEET;
THENCE NORTH 08'04'55" EAST A DISTANCE OF 85.71 FEET;
THENCE NORTH 08'03'59" EAST A DISTANCE OF 67.20 FEET;
THENCE NORTH 08'34'02" EAST A DISTANCE OF 64.45 FEET;
THENCE NORTH 08'14'23" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 00'44'57" WEST A DISTANCE OF 53.71 FEET;
THENCE NORTH 26'33'55" WEST A DISTANCE OF 23.71 FEET;
THENCE NORTH 41'02'44" WEST A DISTANCE OF 45.32 FEET;
THENCE SOUTH 80'02'33" WEST A DISTANCE OF 15.41 FEET;
THENCE NORTH 87'01'01" WEST A DISTANCE OF 120.29 FEET;
THENCE NORTH 88'34'24" WEST A DISTANCE OF 110.60 FEET;
THENCE NORTH 88'13'36" WEST A DISTANCE OF 130.03 FEET;
THENCE NORTH 82'12'28" WEST A DISTANCE OF 94.66 FEET;
THENCE NORTH 86'11'22" WEST A DISTANCE OF 107.67 FEET;
THENCE SOUTH 70'52'00" WEST A DISTANCE OF 35.97 FEET;
THENCE SOUTH 42'32'30" WEST A DISTANCE OF 50.71 FEET;
THENCE SOUTH 58'33'30" WEST A DISTANCE OF 41.31 FEET;
THENCE NORTH 79'29'14" WEST A DISTANCE OF 80.73 FEET;
THENCE NORTH 54'54'27" WEST A DISTANCE OF 98.11 FEET;
THENCE NORTH 71'06'26" WEST A DISTANCE OF 40.16 FEET;
THENCE NORTH 82'42'22" WEST A DISTANCE OF 4.00 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY AND WHOSE
RADIUS POINT BEARS NORTH 73'14'22"WEST A DISTANCE OF 1,575.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 16'27'52" AN ARC DISTANCE OF 452.59 FEET;
THENCE NORTH 00'17'46" EAST A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH A LINE 150 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF
SAID SECTION 26;
THENCE SOUTH 89'42'14" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 1,966.57
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A
DISTANCE OF 2,661.45 FEET TO AN INTERSECTION WITH A LINE 150 FEET SOUTHERLY
FROM AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 25;
THENCE ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A DISTANCE OF 2,696.26
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A
DISTANCE OF 997.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 12'37'36" EAST A DISTANCE OF 157.85
FEET;
THENCE SOUTH 88'54'39" EAST A DISTANCE OF 81.69 FEET;
THENCE NORTH 88'10'41" EAST A DISTANCE OF 55.03 FEET;
THENCE SOUTH 77'41'09" EAST A DISTANCE OF 32.85 FEET;
THENCE SOUTH 02'07'20" EAST A DISTANCE OF 190.09 FEET;
THENCE SOUTH 12'10'55" EAST A DISTANCE OF 32.46 FEET;
THENCE NORTH 58'07'26" EAST A DISTANCE OF 72.74 FEET;
THENCE NORTH 63'04'41" EAST A DISTANCE OF 92.55 FEET;
SHEET 15 OF 16
tt h,bll ..J--
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16Al1
THENCE NORTH 79'33'44" EAST A DISTANCE OF 61.01 FEET;
THENCE NORTH 86'24'10" EAST A DISTANCE OF 51.70 FEET;
THENCE NORTH 80'37'56" EAST A DISTANCE OF 52.43 FEET;
THENCE SOUTH 88'21'44" EAST A DISTANCE OF 39.72 FEET;
THENCE SOUTH 38'56'12" EAST A DISTANCE OF 139.44 FEET;
THENCE SOUTH 34'49'11" EAST A DISTANCE OF 87.30 FEET;
THENCE SOUTH 52'38'56" EAST A DISTANCE OF 102.14 FEET;
THENCE SOUTH 85'31'26" EAST A DISTANCE OF 48.72 FEET;
THENCE SOUTH 82'08'00" EAST A DISTANCE OF 48.16 FEET;
THENCE NORTH 78'35'31" EAST A DISTANCE OF 50.31 FEET;
THENCE SOUTH 85'32'14" EAST A DISTANCE OF 74.36 FEET;
THENCE SOUTH 40'52'50" EAST A DISTANCE OF 101.87 FEET;
THENCE SOUTH 34'42'50" EAST A DISTANCE OF 67.20 FEET;
THENCE SOUTH 24'38'48" EAST A DISTANCE OF 27.97 FEET;
THENCE SOUTH 24'04'21" WEST A DISTANCE OF 40.68 FEET;
THENCE SOUTH 22'55'30" WEST A DISTANCE OF 27.70 FEET;
THENCE SOUTH 29"55'01" WEST A DISTANCE OF 42.25 FEET;
THENCE SOUTH 62'45'43" WEST A DISTANCE OF 31.78 FEET;
THENCE SOUTH 73'27'42" WEST A DISTANCE OF 39.10 FEET;
THENCE SOUTH 19'26'45" EAST A DISTANCE OF 307.63 FEET;
THENCE SOUTH 07"48'10" EAST A DISTANCE OF 309.69 FEET;
THENCE SOUTH 11'25'47" WEST A DISTANCE OF 195.01 FEET;
THENCE SOUTH 01 '49'00" WEST A DISTANCE OF 136.34 FEET;
THENCE SOUTH 08'35'14" EAST A DISTANCE OF 247.28 FEET;
THENCE NORTH 83'31'42" EAST A DISTANCE OF 138.31 FEET;
THENCE NORTH 79'24'46" EAST A DISTANCE OF 267.94 FEET;
THENCE SOUTH 84'57'16" EAST A DISTANCE OF 141.81 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 25;
THENCE SOUTH 00'10'45" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 507.20
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00'13'04" EAST A
DISTANCE OF 2,580.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 2,655.46 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT. .
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
-~~i'f:Y P.S.M. 5606
10065-AG1.RTF
REF. ABB DWG #10065-AG1
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LEGAL DESCRIPTION OF SSA 158 (CAMP KEAIS STRAND)
A PARCEL OF LAND LYING IN SECTIONS 23, 24, 25, 26, 35 AND 36, TOWNSHIP 48
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503998.04 N. 696342.69, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 88"48'12" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 36 A
DISTANCE OF 2,649.56 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89"21'28" WEST A
DISTANCE OF 2,653.09 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 57"39'35" WEST A DISTANCE OF
2,712.87 FEET;
THENCE NORTH 05"18'14" EAST A DISTANCE OF 836.62 FEET;
THENCE NORTH 04"39'23" EAST A DISTANCE OF 580.69 FEET;
THENCE NORTH 05"49'50" EAST A DISTANCE OF 271.78 FEET;
THENCE NORTH 04"20'16" EAST A DISTANCE OF 459.30 FEET;
THENCE NORTH 01"45'42" WEST A DISTANCE OF 193.45 FEET;
THENCE SOUTH 85"05'02" EAST A DISTANCE OF 160.07 FEET;
THENCE NORTH 51"55'46" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 42"40'06" EAST A DISTANCE OF 92.10 FEET;
THENCE NORTH 15"27'36" EAST A DISTANCE OF 120.57 FEET;
THENCE NORTH 19"57'18" EAST A DISTANCE OF 116.62 FEET;
THENCE NORTH 11 "53'45" WEST A DISTANCE OF 209.57 FEET;
THENCE NORTH 01"34'50" EAST A DISTANCE OF 187.95 FEET;
THENCE NORTH 01 "30'27" WEST A DISTANCE OF 462.02 FEET;
THENCE NORTH 22"38'12" WEST A DISTANCE OF 56.27 FEET;
THENCE NORTH 61"25'47" WEST A DISTANCE OF 122.11 FEET;
THENCE NORTH 06"30'13" WEST A DISTANCE OF 53.19 FEET;
THENCE NORTH 13"16'08" EAST A DISTANCE OF 52.98 FEET;
THENCE NORTH 39"21'18" EAST A DISTANCE OF 119.40 FEET;
THENCE NORTH 36"20'47" EAST A DISTANCE OF 105.24 FEET;
THENCE NORTH 04"40'17" EAST A DISTANCE OF 57.99 FEET;
THENCE NORTH 12"46'53" WEST A DISTANCE OF 101.02 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 26 SAID INTERSECTION BEING 839.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 26;
THENCE NORTH 13"15'52" WEST A DISTANCE OF 101.60 FEET;
THENCE NORTH 36"36'20" WEST A DISTANCE OF 89.11 FEET;
THENCE NORTH 29"44'50"WEST A DISTANCE OF 115.20 FEET;
THENCE NORTH 09"09'24" WEST A DISTANCE OF 164.15 FEET;
THENCE NORTH 37"22'16" WEST A DISTANCE OF 191.94 FEET;
THENCE NORTH 01"53'52" EAST A DISTANCE OF 169.01 FEET;
THENCE NORTH 12"21'05" EAST A DISTANCE OF 153.91 FEET;
THENCE NORTH 02"52'28" WEST A DISTANCE OF 79.85 FEET;
THENCE NORTH 04"42'01" WEST A DISTANCE OF 188.14 FEET;
THENCE NORTH 05"18'10" EAST A DISTANCE OF 141.13 FEET;
THENCE NORTH 04"00'14" WEST A DISTANCE OF 53.56 FEET;
THENCE NORTH 18"11'52" WEST A DISTANCE OF 55.60 FEET;
SHEET 7 OF 10
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THENCE NORTH 43054'56" WEST A DISTANCE OF 66.15 FEET;
THENCE NORTH 26018'31" EAST A DISTANCE OF 60.32 FEET;
THENCE NORTH 20035'07" EAST A DISTANCE OF 32.29 FEET;
THENCE NORTH 08055'04" EAST A DISTANCE OF 24.62 FEET;
THENCE NORTH 20058'50" EAST A DISTANCE OF 68.27 FEET;
THENCE NORTH 23008'23" EAST A DISTANCE OF 126.47 FEET;
THENCE NORTH 20039'14" EAST A DISTANCE OF 146.49 FEET;
THENCE NORTH 23006'08" EAST A DISTANCE OF 163.41 FEET;
THENCE NORTH 22046'34" EAST A DISTANCE OF 139.86 FEET;
THENCE NORTH 21033'29" EAST A DISTANCE OF 127.20 FEET;
THENCE NORTH 24045'08" EAST A DISTANCE OF 219.78 FEET;
THENCE NORTH 40014'35" EAST A DISTANCE OF 81.92 FEET;
THENCE NORTH 41031'07" EAST A DISTANCE OF 107.63 FEET;
THENCE NORTH 39012'40" EAST A DISTANCE OF 196.84 FEET;
THENCE NORTH 38051'54" EAST A DISTANCE OF 227.34 FEET;
THENCE NORTH 34020'53" EAST A DISTANCE OF 162.48 FEET;
THENCE NORTH 25018'21" EAST A DISTANCE OF 162.93 FEET;
THENCE NORTH 19040'31" EAST A DISTANCE OF 170.27 FEET;
THENCE NORTH 18050'26" EAST A DISTANCE OF 182.59 FEET;
THENCE NORTH 09015'59" EAST A DISTANCE OF 164.06 FEET;
THENCE NORTH 06054'51" EAST A DISTANCE OF 97.18 FEET;
THENCE NORTH 04029'23" EAST A DISTANCE OF 41.55 FEET;
THENCE NORTH 01027'29" EAST A DISTANCE OF 125.88 FEET;
THENCE NORTH 04056'45" WEST A DISTANCE OF 136.22 FEET;
THENCE NORTH 05043'21" WEST A DISTANCE OF 134.08 FEET;
THENCE NORTH 06035'55" WEST A DISTANCE OF 167.68 FEET;
THENCE NORTH 06009'39" WEST A DISTANCE OF 150.20 FEET;
THENCE NORTH 06027'54" WEST A DISTANCE OF 194.09 FEET;
THENCE NORTH 04045'41" WEST A DISTANCE OF 119.06 FEET;
THENCE NORTH 07"58'21" WEST A DISTANCE OF 103.11 FEET;
THENCE NORTH 04018'44" WEST A DISTANCE OF 116.13 FEET;
THENCE NORTH 11040'05" WEST A DISTANCE OF 181.99 FEET;
THENCE NORTH 39052'26" WEST A DISTANCE OF 62.40 FEET;
THENCE NORTH 62005'18" WEST A DISTANCE OF 102.75 FEET;
THENCE NORTH 69012'33" WEST A DISTANCE OF 96.04 FEET;
THENCE NORTH 66023'57" WEST A DISTANCE OF 134.99 FEET;
THENCE NORTH 69031'46" WEST A DISTANCE OF 98.07 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 23 SAID INTERSECTION BEING 1055.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 23;
THENCE NORTH 50004'58" WEST A DISTANCE OF 109.18 FEET;
THENCE NORTH 40057'42" WEST A DISTANCE OF 84.31 FEET;
THENCE NORTH 24020'07" WEST A DISTANCE OF 80.53 FEET;
THENCE NORTH 23048'52" WEST A DISTANCE OF 83.55 FEET;
THENCE NORTH 33054'40" WEST A DISTANCE OF 95.19 FEET;
THENCE NORTH 15028'34" WEST A DISTANCE OF 98.67 FEET;
THENCE NORTH 08029'42" WEST A DISTANCE OF 133.29 FEET;
THENCE NORTH 15057'41" WEST A DISTANCE OF 87.05 FEET;
THENCE NORTH 13026'04" WEST A DISTANCE OF 132.70 FEET;
THENCE NORTH 16050'23" WEST A DISTANCE OF 102.82 FEET;
THENCE NORTH 12000'07" WEST A DISTANCE OF 137.19 FEET;
THENCE NORTH 05051'20" WEST A DISTANCE OF 79.57 FEET;
THENCE NORTH 05034'56" WEST A DISTANCE OF 146.86 FEET;
THENCE NORTH 01049'23" WEST A DISTANCE OF 49.22 FEET;
THENCE NORTH 12030'05" EAST A DISTANCE OF 51.18 FEET;
THENCE NORTH 21040'04" EAST A DISTANCE OF 94.48 FEET;
THENCE NORTH 25007'46" EAST A DISTANCE OF 112.36 FEET;
SHEET 8 OF 10
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THENCE NORTH 25047'38" EAST A DISTANCE OF 66.83 FEET;
THENCE NORTH 20027'50" EAST A DISTANCE OF 100.27 FEET;
THENCE NORTH 28018'26" EAST A DISTANCE OF 87.91 FEET;
THENCE NORTH 72022'33" EAST A DISTANCE OF 229.62 FEET;
THENCE NORTH 81013'06" EAST A DISTANCE OF 87.23 FEET;
THENCE NORTH 76016'58" EAST A DISTANCE OF 125.96 FEET;
THENCE NORTH 49038'24" EAST A DISTANCE OF 57.87 FEET;
THENCE NORTH 05049'49" WEST A DISTANCE OF 103.32 FEET;
THENCE NORTH 13059'34" WEST A DISTANCE OF 62.17 FEET;
THENCE NORTH 07054'22" WEST A DISTANCE OF 107.99 FEET;
THENCE NORTH 13006'47" WEST A DISTANCE OF 69.50 FEET;
THENCE NORTH 10011'08" WEST A DISTANCE OF 138.34 FEET;
THENCE NORTH 12051'24" WEST A DISTANCE OF 62.47 FEET;
THENCE NORTH 09027'39" WEST A DISTANCE OF 88.99 FEET;
THENCE NORTH 09055'20" WEST A DISTANCE OF 65.09 FEET;
THENCE NORTH 12002'18" WEST A DISTANCE OF 110.05 FEET;
THENCE NORTH 06005'00" WEST A DISTANCE OF 39.47 FEET;
THENCE NORTH 10041'56" EAST A DISTANCE OF 56.71 FEET;
THENCE NORTH 54056'27" EAST A DISTANCE OF 109.81 FEET;
THENCE NORTH 61026'14" EAST A DISTANCE OF 90.22 FEET;
THENCE NORTH 57014'49" EAST A DISTANCE OF 85.00 FEET;
THENCE NORTH 59006'08" EAST A DISTANCE OF 118.93 FEET;
THENCE NORTH 61008'47" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 61003'12" EAST A DISTANCE OF 121.80 FEET;
THENCE NORTH 57"31'08" EAST A DISTANCE OF 72.57 FEET;
THENCE NORTH 61016'47" EAST A DISTANCE OF 55.84 FEET;
THENCE NORTH 26034'41" WEST A DISTANCE OF 68.57 FEET;
THENCE NORTH 25006'55" WEST A DISTANCE OF 93.27 FEET;
THENCE NORTH 18031'00" WEST A DISTANCE OF 99.13 FEET;
THENCE NORTH 21039'41" WEST A DISTANCE OF 82.80 FEET;
THENCE NORTH 15"57'41" WEST A DISTANCE OF 65.82 FEET;
THENCE NORTH 10003'49" WEST A DISTANCE OF 86.61 FEET;
THENCE NORTH 03048'57" WEST A DISTANCE OF 71.60 FEET;
THENCE NORTH 00050'08' WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 02001'15' EAST A DISTANCE OF 78.59 FEET;
THENCE NORTH 02037'36" EAST A DISTANCE OF 56.04 FEET;
THENCE NORTH 06001'07" EAST A DISTANCE OF 96.99 FEET;
THENCE NORTH 07010'05' EAST A DISTANCE OF 78.37 FEET;
THENCE NORTH 11001'52" EAST A DISTANCE OF 70.22 FEET;
THENCE NORTH 15013'34" EAST A DISTANCE OF 134.63 FEET;
THENCE NORTH 28006'49" EAST A DISTANCE OF 285.38 FEET;
THENCE NORTH 33019'49' EAST A DISTANCE OF 28.19 FEET;
THENCE NORTH 17"54'50' EAST A DISTANCE OF 34.34 FEET;
THENCE NORTH 14052'14" EAST A DISTANCE OF 67.48 FEET;
THENCE NORTH 27045'10" EAST A DISTANCE OF 75.34 FEET;
THENCE NORTH 23000'06" EAST A DISTANCE OF 62.30 FEET;
THENCE NORTH 23041'39" EAST A DISTANCE OF 97.76 FEET;
THENCE NORTH 20025'55" EAST A DISTANCE OF 81.84 FEET;
THENCE NORTH 19057'25" EAST A DISTANCE OF 94.22 FEET;
THENCE NORTH 19041'57" EAST A DISTANCE OF 62.56 FEET;
THENCE NORTH 20016'19" EAST A DISTANCE OF 85.89 FEET;
THENCE NORTH 33000'15" EAST A DISTANCE OF 55.51 FEET;
THENCE NORTH 46031'17" EAST A DISTANCE OF 42.87 FEET;
THENCE NORTH 53054'57" EAST A DISTANCE OF 32.94 FEET;
THENCE NORTH 12023'19" EAST A DISTANCE OF 173.40 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE
SHEET 9 OF 10
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RADIUS POINT BEARS SOUTH 06019'16" EAST A DISTANCE OF 2,910.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 01031'15" AN ARC DISTANCE OF 77.24 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OIL WELL ROAD (C.R. 858);
THENCE NORTH 89'44'59" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 393.70 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID
SECTION 24;
THENCE CONTINUING ALONG SAID LINE NORTH 89044'03" EAST A DISTANCE OF
2,683.75 FEET;
THENCE CONTINUING ALONG SAID LINE NORTH 89044'56" EAST A DISTANCE OF
2,676.12 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 24;
THENCE LEAVING SAID LINE SOUTH 00035'36" WEST A DISTANCE OF 2,544.30 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 24;
THENCE SOUTH 00011'38" EAST A DISTANCE OF 2,676.34 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 24;
THENCE SOUTH 00011'37" WEST ALONG THE EAST LINE OF THE AFORESAID SECTION
25 A DISTANCE OF 5,996.58 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25;
THENCE SOUTH 00'32'35" WEST A DISTANCE OF 2,594.70 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 36;
THENCE SOUTH 00'07'35" EAST A DISTANCE OF 2,599.90 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 36 AND THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 2,603.52 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE. EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl. BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
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10066-AG1.RTF
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Table 2
STEWARDSHIP CREDITS GENERATED
Credit Source Grand Total
-- -
Base Credits 5434.8
Early Entry Bonus Credits 1826.9
Total 7261.8
WiI.,nMiller
NBw DIrections In Planning, 06si(Jn & Enoinet1rino
SSA 15 Exhibit D
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NOTE
SSA 15 CREDIT AGREEMENT
"EXHIBIT E"
IS THE
STEWARDSHIP EASEMENT AGREEMENT
AND ALL INCLUDED EXHIBITS
PLEASE SEE
STEWARDSHIP EASEMENT AGREEMENT
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EXHIBIT E
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This Instrument Prepared by:
Richard O. Yovanovich, Esq.
Goodlette, Coleman, Johnson, Yovanovich & Koester, PA
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
STEWARDSHIP EASEMENT AGREEMENT
(CLH and CDC SSA 15)
THIS STEWARDSHIP EASEMENT is granted this ~ day of NONhhu, 2008,
by Collier Land Holdings, Ltd., a Florida Limited partnership ("CLH") and COC Land
Investments, LLC, a Florida Limited Liability Company ("COC'') whose addresses are
3003 Tamiami Trail North, Suite 400, Naples, Florida 34103, hereinafter called
"Grantors", to Collier County, a political subdivision of the State of Florida, and Florida
Oepartment of Agriculture and Consumer Services, hereinafter collectively called the
"Grantees".
RECITALS
A. Grantors are the owners of approximately five thousand two hundred and
fifty nine (5,259.0) acres of land situated in Collier County, Florida, and
more specifically described in Exhibit "A" attached hereto and incorporated
herein by reference (hereinafter "Property" or "CLH and COC SSA 15").
'.
B. Grantors and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date herewith, which
designated the Property CLH and CDC SSA 15. This five thousand two
hundred and fifty nine (5,259.0) acre parcel, as legally described in Exhibit
"A", has been designated as a "Stewardship Sending Area" ("SSA") in
accordance with Section 4.08.06 of the Collier County Land Development
Code ("LDC"). The Property is depicted on Exhibit "B".
C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for CLH and CDC SSA 15 and the party
responsible for such measures.
D. In exchange for the designation of the Property as SSA, the County has
granted and assigned to Grantor seven thousand two hundred and sixty
one and eight tenths (7,261.8) Stewardship Credits. Stewardship Credits
will allow Grantor to entitle nine hundred and seven and seven tenths
(907.7) acres for development within the Rural Lands Stewardship Area
District.
SSA 15 Easement Agreement ]0-15-08
I
~".h,b' ~ 3
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16AIl
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns (hereafter
collectively "Grantor") and shall remain in full force and effect forever. It is agreed as
follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2.
Exhibit "C" depicts and Exhibit "0" also describes the five thousand two
hundred and fifty nine (5,259.0) acres within CLH and COC SSA 15 where
the following four (4) Land Use Layers are eliminated and the property is
henceforth prohibited from being utilized for the following land uses, as
defined in Section 4.08.06 8.4 of the LOC:
a. Residential Land Uses, also described as Land Use Layer 1.
b. General Conditional Uses, also described as Land Use Layer 2.
c. Earth Mining and Processing Uses, also described as Land Use
Layer 3.
d. Recreational Uses, also described as Land Use Layer 4.
3.
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses of the Property that are not inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. Grantor may use CLH and COC SSA 15 only for the land uses
set forth in this paragraph:
a. The lands in CLH and COC SSA 15 land depicted on Exhibit "c"
and described on Exhibit "0" as having had the first four (4) Land
Use Layers eliminated, may also be used for Agriculture - Group 1
(Land Use Layer 5); Agriculture - Support Uses (Land Use Layer
6); Agriculture - Group 2 (Land Use Layer 7) as defined in Section
SSA 15 Easement Agreement IO~15-08 2
't:.)<.hI6,l :5
f~J......
16Al1
4.08.06 BA of the LOC. Those land uses are permitted to continue,
and may convert from one type of Agriculture to another.
Conservation, Restoration, and Natural Resources (Land Use
Layer 8) Uses are allowed on all of the Property, including the
specifics thereof set forth in Section 4.08.06 BA.b. of the LOC.
b. Pursuant to Section 4.08.06 of the LOC, Grantor retains the right to
amend this SSA in the future to remove one or more additional
Land Use Layers and/or for restoration activities in return for
additional Stewardship Credits. Nothing in this provision,
Stewardship Easement or County LOC shall preclude Grantor's
right to remove one or more additional Land Use Layers and/or
restoration activities for use as compensation, mitigation or
conservation measures under any program established by County,
state or federal statute, regulation or ordinance.
c. Grantor retains the right to construct and maintain farm and ranch
roads to access its lands within the Property for the purposes
retained herein.
d. Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting (including
organized hunting activities), nature observatory and other eco-
observation excursions, and other such occasional non-destructive
activities.
4.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas or features of the Property that may
be altered by any inconsistent activity or use. Notwithstanding the above,
Grantor shall not be liable for or be obligated to restore alterations of the
Property caused by third-parties or acts of God.
5.
On those lands within CLH and COC SSA 15 on which Land Use layers 1
through 4 are eliminated, land management measures may consist of one
or more of the following: brush clearing, mechanical brush control
("chopping"), prescribed burning, other exotic and nuisance species
control, fence construction and maintenance, silvaculture management,
and ditch and ranch road maintenance, to maintain the land in its existing
condition. In addition to the land management measures listed above, the
following land management measures may be utilized; such as disking;
irrigation, ditch, dike and pumping construction and maintenance; farm
road construction and maintenance; storage of farming equipment; and
other practices associated with the uses under Land Use Layers 5 - 8,
inclusive, may be utilized.
SSA 15 Easement Agreement 10.15-08
3
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6. Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
7. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
8. References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
9. Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise its rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or othelWise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
10. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
11. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party
or successor-in-interest.
13. This Stewardship Easement may be amended, altered, released or
revoked only by written agreement of both Grantor and Grantees, which
shall be filed in the Public Records of Collier County, or as provided for in
),!1e Escrow Agreement between the Grantor and the County dated Nwf/YJW
I~, 2008.
SSA 15 Easement Agreement lO-15-O8
4
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14. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LOC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or federal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits.
TO HAVE AND TO HOLD unto grantees, their successors and assigns forever.
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
contrary to this Stewardship Easement; that Grantor has good right and lawful authority
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the
1~1h day of NovrrYIlz</ ,2008.
SSA 15 Easement Agreement 1O~15..o8
5
~'f.hl b', \ :3
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16A 11
GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT
WITNESS:
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
Name
By:
Print Name
Its:
Signature
Name
Signature
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed before me this
_ day of , 2008, of the Florida Department of Agriculture and
Consumer Services.
Notary Public
Name
Certificate No,
My Commission Expires
C, .
. ,
.il..~Y~i': ,.'.
~..W.....'.....'
_ B'~k (
, . ., . altl/:.(
.. Atti;;e0Ils'.
~,. .' .to c:., f,"",~_
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. , "=', .'n 10.:
MMISSIONERS
RIDA
APPROVED AS TO FORM AND
LEG~CIENCY: , ~'
By: J 4, Lf 0 (..f)
Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
SSA 15 Easement Agreement to-15-08
6
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WITNESS:
,
- --.:-.... I,,-..~ '--_ ~~ ~_:.;
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(Signature)
',-.'\"11-.\1\. b_ \..t,\\L,f\\".1
(print. f.U." name)~. I
J. ./' ;/
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~nature)
{2~(j ~G.l,-T.r,..,er
,
(Printfull name)
STATE OF FLORIDA
COUNTY OF COLLIER
WITNESS:
-----=.;:::JV1'- -'----:~~~-c~'"<_e_t\..-l. ,'/-
(Signature)
5fw I i-' A. c. fu-Rry
(Print full name) ./ /'
~~~
( . nature)
1fT;,) ';L 4 d f""'-e.-
(Print full name)
SSA 15 Easement Agreement 10.15-08
COLLIER LAND HOLDINGS, L TO
A Florida Limited Partnership
16Al1
By: Collier Enterprises, Inc.
a Florida Corporation,
B" ;r~,rt"".
Printed Name: ~~/;/~w""
Title: t4c..t '.:L__
CDC LAND INVESTMENTS, LLC
a Florida Limited Liability Company,
By: ~ .
Printed Na91e:~~ Cct,.,......i
Title: 1//4' I
7
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed be?e me this n
day of ()(l'nr,c-=-R ,2008, by ~P,bTlT D, ()QI/J4-, as
L'ICF ~i2.=--'O[';.,\1 of Collier Enterprises, Inc., General Partner of CLH Land
Holdings, Ltd. and CDC Land Investments, LLC,
~"'I::>.. SABINA E. HARDY
... i"'f-, MY COM, MIS, SION #DO 823367
1" :'1 EXPIRES Octob&r 28, 2010
~ . J;: _ ~........, PWOO undslWrit8rS
'("JI'..... BOIld&C ,11.1J'.......r
."'RI '
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Notary Public I
Name: c:; Ai', I f..J i\ ['" ti" ,1.J)\.j
Certificate No. Dr) '(,'23.3ic7 J
My Commission expires: II'"" h~/2 oil)
I
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed before me this -1l
day 9J be TcBE=:R. ,2008, by t?l'\1'\r'12.T D (' ,~R..I'; A-, as
l) Ie '" '~~'i:S,\..lF"'T of Collier Enterprises, Inc., General Partner of CDC Land
Investments, LLC.
Q) SA8IlAE. HARDY
.. :.; MY COMMISSION I DO 823367
, , .. EXPIRES: October 23, 2010
. 8ondlldThnlNoillyPubkUndelwlltft
~;;,"~b,>-t'--- '-
., ,........
.. Hc;.~,L..,/
Notary Public
Name: 'J40)K,"l- tc.. rh"" \\\..1
Certificate No. tll:> '(;';:).:':>'(,57-'/
My Commission expires: /I )I'2~'/2c It.)
I
SSA 15 Easement Agreement 10-15-08
8
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LIST OF EXHIBITS
CLH and CDC Stewardship Sending Area 15 Stewardship Easement Agreement
Exhibit "A" CLH and CDC SSA 15 Land Legal Description
Exhibit "B" CLH and CDC SSA 15 (5,259.0 acre parcel) depicted on Map of SSA Land
Exhibit "C" Retained Land Uses
Exhibit "0" Legal Description of CLH and CDC SSA 15
SSA 15 Easement Agreement 10-15-08
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LEGAL DESCRIPTION OF SSA 15A (SHAGGY CYPRESS)
A PARCEL OF LAND LYING IN SECTIONS 25, 26 AND 35, TOWNSHIP 47 SOUTH, RANGE
28 EAST AND SECTIONS 1,2, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 25 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503802.76 N. 734035.22, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 89'57'36" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 25 A
DISTANCE OF 5,356.62 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;
THENCE SOUTH 00'00'30" WEST ALONG THE EASTERLY LINE OF SAID SECTION 35 A
DISTANCE OF 5,190.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1;
THENCE NORTH 89'36'41" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 1 A
DISTANCE OF 4,249.85 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'43'12" EAST A DISTANCE OF
5,303.27 FEET;
THENCE SOUTH 89'00'09" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 23.81
FEET;
THENCE SOUTH 00'44'30" EAST A DISTANCE OF 5,387.66 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1541.40
FEET EASTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89'24'56" EAST ALONG SAID NORTHERLY LINEA DISTANCE OF 151.63
FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 01'11'02" EAST ALONG THE
WESTERLY LINE OF THE EASTERLY 60 ACRES OF THE NORTHEAST QUARTER OF
SAID SECTION 13 A DISTANCE OF 2,688.15 FEET TO AN INTERSECTION WITH THE
EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89'32'26" WEST ALONG SAID EAST-
WEST QUARTER SECTION LINE A DISTANCE OF 1692.67 FEET TO THE CENTER OF
SAID SECTION 13;
THENCE LEAVING SAID EAST-WEST QUARTER SECTION LINE SOUTH 01'11'28" EAST A
DISTANCE OF 2,537.89 FEET TO AN INTERSECTION WITH A LINE 150 FEET NORTHERLY
FROM AND PARALLEL WITH THE SOUTH LINE OF SECTION 13;
THENCE SOUTH 89'44'03" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 2,682.71
FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'59" WEST A
DISTANCE OF 589.38 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 26'46'25" WEST A DISTANCE OF 63.29
FEET;
THENCE NORTH 26'17'00" WEST A DISTANCE OF 91.71 FEET;
THENCE NORTH 26'33'19" WEST A DISTANCE OF 68.60 FEET;
THENCE NORTH 25'26'28" WEST A DISTANCE OF 76.21 FEET;
THENCE NORTH 25'08'06" WEST A DISTANCE OF 72.93 FEET;
THENCE NORTH 25'33'36" WEST A DISTANCE OF 147.24 FEET;
THENCE NORTH 26'24'17" WEST A DISTANCE OF 89.07 FEET;
THENCE NORTH 26'47'35" WEST A DISTANCE OF 74.57 FEET;
THENCE NORTH 27'58'24" WEST A DISTANCE OF 87.52 FEET;
THENCE NORTH 25'28'45" WEST A DISTANCE OF 132.49 FEET;
THENCE NORTH 24'58'47" WEST A DISTANCE OF 92.76 FEET;
SHEET 9 OF 16
('{hllolr,~
.~2(t. I (f,
16All
THENCE NORTH 25'09'02" WEST A DISTANCE OF 87.60 FEET;
THENCE NORTH 26'20'10" WEST A DISTANCE OF 100.90 FEET;
THENCE NORTH 25'24'13"WEST A DISTANCE OF 101.38 FEET;
THENCE NORTH 26'35'58" WEST A DISTANCE OF 87.72 FEET;
THENCE NORTH 24'32'43" WEST A DISTANCE OF 85.64 FEET;
THENCE NORTH 25'50'26" WEST A DISTANCE OF 87.70 FEET;
THENCE NORTH 24'59'46" WEST A DISTANCE OF 84.63 FEET;
THENCE NORTH 25'53'19" WEST A DISTANCE OF 84.20 FEET;
THENCE NORTH 25'34'24" WEST A DISTANCE OF 80.98 FEET;
THENCE NORTH 26'43'31" WEST A DISTANCE OF 92.92 FEET;
THENCE NORTH 25'54'39" WEST A DISTANCE OF 78.03 FEET;
THENCE NORTH 24'14'51" WEST A DISTANCE OF 82.73 FEET;
THENCE NORTH 24'44'08" WEST A DISTANCE OF 93.06 FEET;
THENCE NORTH 27'54'57" WEST A DISTANCE OF 85.72 FEET;
THENCE NORTH 23'50'38" WEST A DISTANCE OF 90.32 FEET;
THENCE NORTH 26'17'26" WEST A DISTANCE OF 75.53 FEET;
THENCE NORTH 17'15'37" EAST A DISTANCE OF 32.15 FEET;
THENCE NORTH 52'01'20" EAST A DISTANCE OF 99.82 FEET;
THENCE NORTH 80'36'05" EAST A DISTANCE OF 59.59 FEET;
THENCE NORTH 81'27'09" EAST A DISTANCE OF 61.88 FEET;
THENCE NORTH 87'12'13" EAST A DISTANCE OF 122.63 FEET;
THENCE NORTH 83'40'43" EAST A DISTANCE OF 86.09 FEET;
THENCE NORTH 89'40'25" EAST A DISTANCE OF 95.57 FEET;
THENCE NORTH 85'13'18" EAST A DISTANCE OF 97.58 FEET;
THENCE NORTH 86'54'21" EAST A DISTANCE OF 83.22 FEET;
THENCE NORTH 88'36'00" EAST A DISTANCE OF 79.53 FEET;
THENCE NORTH 86'13'23" EAST A DISTANCE OF 86.83 FEET;
THENCE NORTH 85'00'11" EAST A DISTANCE OF 107.60 FEET;
THENCE NORTH 85'53'58" EAST A DISTANCE OF 76.26 FEET;
THENCE NORTH 84'08'43" EAST A DISTANCE OF 56.48 FEET;
THENCE NORTH 88'15'46" EAST A DISTANCE OF 103.23 FEET;
THENCE NORTH 86'27'39" EAST A DISTANCE OF 396.43 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 14 SAID INTERSECTION BEING 179.10
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 14;
THENCE NORTH 86'55'23" EAST A DISTANCE OF 156.61 FEET;
THENCE NORTH 87'21'40" EAST A DISTANCE OF 178.22 FEET;
THENCE NORTH 89'40'40" EAST A DISTANCE OF 36.48 FEET;
THENCE NORTH 77'38'19" EAST A DISTANCE OF 54.53 FEET;
THENCE NORTH 65'43'58" EAST A DISTANCE OF 41.63 FEET;
THENCE NORTH 52'26'02" EAST A DISTANCE OF 130.64 FEET;
THENCE NORTH 46'29'07" EAST A DISTANCE OF 85.54 FEET TO AN INTERSECTION
WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13 SAID
INTERSECTION BEING 630.40 FEET EASTERLY FROM THE WEST QUARTER CORNER
OF SAID SECTION 13;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 24.40 FEET;
THENCE NORTH 40'15'05" EAST A DISTANCE OF 74.21 FEET;
THENCE NORTH 37'41'31" EAST A DISTANCE OF 65.98 FEET;
THENCE NORTH 36'05'18" EAST A DISTANCE OF 58.14 FEET;
THENCE NORTH 32'31'08" WEST A DISTANCE OF 358.99 FEET;
THENCE NORTH 41'31'42" WEST A DISTANCE OF 109.73 FEET;
THENCE NORTH 46'23'06" WEST A DISTANCE OF 159.87 FEET;
THENCE NORTH 46'16'52" WEST A DISTANCE OF 103.57 FEET;
THENCE NORTH 41'35'05" WEST A DISTANCE OF 117.42 FEET;
THENCE NORTH 35'00'15" WEST A DISTANCE OF 170.61 FEET;
THENCE NORTH 23'02'42" EAST A DISTANCE OF 34.34 FEET;
SHEET 10 OF 16
E""-\-'\ 1,.1 2.
()jj. 'C\
16A111
THENCE NORTH 74'37'42" EAST A DISTANCE OF 207.18 FEET;
THENCE NORTH 75'24'57" EAST A DISTANCE OF 172.74 FEET;
THENCE SOUTH 87'35'16" EAST A DISTANCE OF 399.02 FEET;
THENCE SOUTH 88'37'38" EAST A DISTANCE OF 296.56 FEET;
THENCE NORTH 88'21'17" EAST A DISTANCE OF 47.29 FEET;
THENCE NORTH 25'47'51" EAST A DISTANCE OF 56.78 FEET;
THENCE NORTH 15'20'56" EAST A DISTANCE OF 172.84 FEET;
THENCE NORTH 07'36'53" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 07'48'32" WEST A DISTANCE OF 47.46 FEET;
THENCE NORTH 37'38'49" WEST A DISTANCE OF 43.91 FEET;
THENCE NORTH 66'21'10" WEST A DISTANCE OF 167.29 FEET;
THENCE NORTH 61'58'09" WEST A DISTANCE OF 161.69 FEET;
THENCE NORTH 69'50'41" WEST A DISTANCE OF 85.97 FEET;
THENCE NORTH 86'40'20" WEST A DISTANCE OF 95.51 FEET;
THENCE NORTH 67'46'05" WEST A DISTANCE OF 43.26 FEET;
THENCE NORTH 24'15'09" EAST A DISTANCE OF 500.93 FEET;
THENCE NORTH 25'05'04" EAST A DISTANCE OF 458.19 FEET;
THENCE NORTH 19'00'53" EAST A DISTANCE OF 138.95 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1369.63
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE CONTINUING NORTH 19'00'53" EAST A DISTANCE OF 116.45 FEET;
THENCE NORTH 16'30'39" EAST A DISTANCE OF 235.98 FEET;
THENCE NORTH 18'17'25" EAST A DISTANCE OF 462.77 FEET;
THENCE NORTH 18'25'35" EAST A DISTANCE OF 71.97 FEET;
THENCE NORTH 23'52'15" EAST A DISTANCE OF 89.35 FEET;
THENCE NORTH 23'15'16" EAST A DISTANCE OF 108.27 FEET;
THENCE SOUTH 65'32'33" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 88'36'20" EAST A DISTANCE OF 61.54 FEET;
THENCE NORTH 88'53'49" EAST A DISTANCE OF 138.16 FEET;
THENCE SOUTH 87'17'52" EAST A DISTANCE OF 266.66 FEET;
THENCE SOUTH 89'55'47" EAST A DISTANCE OF 189.64 FEET;
THENCE SOUTH 88'53'25" EAST A DISTANCE OF 152.94 FEET;
THENCE SOUTH 88'39'13" EAST A DISTANCE OF 71.15 FEET;
THENCE SOUTH 82'32'23" EAST A DISTANCE OF 58.08 FEET;
THENCE NORTH 00'35'30" WEST A DISTANCE OF 28.81 FEET;
THENCE NORTH 02'42'10" EAST A DISTANCE OF 154.42 FEET;
THENCE NORTH 42'44'16" WEST A DISTANCE OF 222.31 FEET;
THENCE NORTH 26'43'43" WEST A DISTANCE OF 257.22 FEET;
THENCE NORTH 06'01'02" WEST A DISTANCE OF 263.19 FEET;
THENCE NORTH 11'08'15" EAST A DISTANCE OF 301.05 FEET;
THENCE NORTH 29'25'27" WEST A DISTANCE OF 731.49 FEET;
THENCE NORTH 40'58'09" WEST A DISTANCE OF 73.85 FEET;
THENCE NORTH 35"48'44" WEST A DISTANCE OF 68.36 FEET;
THENCE NORTH 43'11'47" WEST A DISTANCE OF 97.29 FEET;
THENCE NORTH 40'46'58" WEST A DISTANCE OF 113.23 FEET;
THENCE NORTH 22'01'00" WEST A DISTANCE OF 40.08 FEET;
THENCE NORTH 01'36'26" EAST A DISTANCE OF 119.94 FEET;
THENCE NORTH 04'46'25" EAST A DISTANCE OF 96.12 FEET;
THENCE NORTH 04'52'09" EAST A DISTANCE OF 85.37 FEET;
THENCE NORTH 05'55'11" EAST A DISTANCE OF 64.08 FEET;
THENCE NORTH 03'56'29" EAST A DISTANCE OF 101.25 FEET;
THENCE NORTH 06'47'59" EAST A DISTANCE OF 89.05 FEET;
THENCE NORTH 00'44'24" WEST A DISTANCE OF 68.46 FEET;
THENCE NORTH 14'26'09" WEST A DISTANCE OF 90.25 FEET;
THENCE NORTH 23'50'57" WEST A DISTANCE OF 69.70 FEET;
THENCE NORTH 69'58'42" WEST A DISTANCE OF 53.74 FEET;
SHEET 11 OF 16
'E.-X\'\\,\I]
o(l.~" "'r>_....
16All
THENCE NORTH 74'11'36" WEST A DISTANCE OF 87.05 FEET;
THENCE NORTH 75'06'40" WEST A DISTANCE OF 109.33 FEET;
THENCE NORTH 74'52'26" WEST A DISTANCE OF 95.10 FEET;
THENCE NORTH 75'24'24" WEST A DISTANCE OF 85.47 FEET;
THENCE NORTH 74'55'56" WEST A DISTANCE OF 87.11 FEET;
THENCE NORTH 70'51'51" WEST A DISTANCE OF 62.99 FEET;
THENCE NORTH 80'28'45" WEST A DISTANCE OF 432.16 FEET;
THENCE NORTH 75'56'55" WEST A DISTANCE OF 189.25 FEET;
THENCE NORTH 84'17'04" WEST A DISTANCE OF 230.68 FEET;
THENCE SOUTH 90'00'00" WEST A DISTANCE OF 275.38 FEET;
THENCE NORTH 10'36'15" EAST A DISTANCE OF 373.97 FEET;
THENCE NORTH 06'43'26" EAST A DISTANCE OF 392.43 FEET;
THENCE NORTH 03'33'37" EAST A DISTANCE OF 368.29 FEET;
THENCE NORTH 21'28'38" WEST A DISTANCE OF 92.23 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 1;
THENCE NORTH 27'35'52" WEST A DISTANCE OF 450.15 FEET;
THENCE NORTH 00'31'12" WEST A DISTANCE OF 649.18 FEET;
THENCE NORTH 14'34'51" WEST A DISTANCE OF 408.66 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 2 SAID INTERSECTION BEING 1225.82
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 2;
THENCE CONTINUING NORTH 14'34'51" WEST A DISTANCE OF 4,021.77 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING NORTH 14'34'51" WEST A DISTANCE OF 13.09 FEET;
THENCE SOUTH 88'51'11" WEST A DISTANCE OF 10.76 FEET;
THENCE SOUTH 56'58'49" WEST A DISTANCE OF 23.32 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING SOUTH 56'58'49" WEST A DISTANCE OF 33.70 FEET;
THENCE SOUTH 22'43'29" WEST A DISTANCE OF 85.80 FEET;
THENCE SOUTH 24'46'23" WEST A DISTANCE OF 43.59 FEET;
THENCE SOUTH 45'57'49" WEST A DISTANCE OF 62.57 FEET;
THENCE SOUTH 54'08'59" WEST A DISTANCE OF 138.98 FEET;
THENCE SOUTH 59'34'49" WEST A DISTANCE OF 2,174.40 FEET;
THENCE NORTH 01'47'15" WEST A DISTANCE OF 1,317.67 FEET;
THENCE NORTH 89'32'02" EAST A DISTANCE OF 400.43 FEET;
THENCE NORTH 83'51'48" EAST A DISTANCE OF 23.74 FEET;
THENCE NORTH 86'48'17" EAST A DISTANCE OF 136.06 FEET;
THENCE NORTH 80'50'50" EAST A DISTANCE OF 61.55 FEET;
THENCE NORTH 81'53'57" EAST A DISTANCE OF 29.33 FEET;
THENCE NORTH 02'07'18" WEST A DISTANCE OF 7.27 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE NORTH 00'07'25" WEST A DISTANCE OF 60.18 FEET;
THENCE NORTH 02'43'18" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 03'50'04" WEST A DISTANCE OF 86.63 FEET;
THENCE NORTH 03'48'06" WEST A DISTANCE OF 129.05 FEET;
THENCE NORTH 00'17'54" EAST A DISTANCE OF 50.28 FEET;
THENCE NORTH 10'18'33" EAST A DISTANCE OF 29.57 FEET;
THENCE NORTH 31'41'59" EAST A DISTANCE OF 46.71 FEET;
THENCE NORTH 45'00'54" EAST A DISTANCE OF 36.69 FEET;
THENCE NORTH 50'00'40" EAST A DISTANCE OF 91.43 FEET;
THENCE NORTH 44'03'37" EAST A DISTANCE OF 96.97 FEET;
THENCE NORTH 11'26'43" EAST A DISTANCE OF 61.84 FEET;
THENCE NORTH 00'50'03" WEST A DISTANCE OF 134.14 FEET;
THENCE NORTH 00'51'17" WEST A DISTANCE OF 88.20 FEET;
THENCE NORTH 00'35'02" WEST A DISTANCE OF 59.85 FEET;
THENCE NORTH 02'02'34" WEST A DISTANCE OF 59.57 FEET;
THENCE NORTH 01'40'17" WEST A DISTANCE OF 74.69 FEET;
SHEET 12 OF 16
'E:J'- h 110 I"r .3
A ,_~
"
f\ 1 11
"""' .!J.,
i
)
THENCE NORTH 05'47'34" EAST A DISTANCE OF 47.35 FEET;
THENCE NORTH 42'46'16" EAST A DISTANCE OF 48.10 FEET;
THENCE NORTH 88'44'52" EAST A DISTANCE OF 82.87 FEET;
THENCE SOUTH 86'21'09" EAST A DISTANCE OF 55.75 FEET;
THENCE NORTH 74'53'45" EAST A DISTANCE OF 48.76 FEET;
THENCE NORTH 16'58'43" EAST A DISTANCE OF 71.66 FEET;
THENCE NORTH 03'13'06" WEST A DISTANCE OF 95.03 FEET;
THENCE NORTH 03'28'29" WEST A DISTANCE OF 120.99 FEET;
THENCE NORTH 02'30'35" WEST A DISTANCE OF 110.26 FEET;
THENCE NORTH 04'03'11" WEST A DISTANCE OF 140.38 FEET;
THENCE NORTH 01'55'56" WEST A DISTANCE OF 114.17 FEET;
THENCE NORTH 02'34'31" WEST A DISTANCE OF 116.75 FEET;
THENCE NORTH 01'57'53" WEST A DISTANCE OF 110.50 FEET;
THENCE NORTH 04'01'35" WEST A DISTANCE OF 116.33 FEET;
THENCE NORTH 08'36'36" WEST A DISTANCE OF 79.35 FEET;
THENCE NORTH 10'41'58" WEST A DISTANCE OF 54.87 FEET;
THENCE NORTH 12'03'42" EAST A DISTANCE OF 72.29 FEET;
THENCE NORTH 58'39'31" EAST A DISTANCE OF 43.96 FEET;
THENCE NORTH 75'57'50" EAST A DISTANCE OF 43.12 FEET;
THENCE NORTH 72'18'03" EAST A DISTANCE OF 56.45 FEET;
THENCE NORTH 03'41'33" EAST A DISTANCE OF 36.95 FEET;
THENCE NORTH 04'28'00" WEST A DISTANCE OF 47.30 FEET;
THENCE NORTH 13'04'57" WEST A DISTANCE OF 154.64 FEET;
THENCE NORTH 11'28'17" WEST A DISTANCE OF 136.18 FEET;
THENCE NORTH 12'43'48" WEST A DISTANCE OF 107.31 FEET;
THENCE NORTH 06'43'04" WEST A DISTANCE OF 53.72 FEET;
THENCE NORTH 09'27'22" WEST A DISTANCE OF 46.44 FEET;
THENCE NORTH 11'05'09" WEST A DISTANCE OF 84.07 FEET;
THENCE NORTH 11'07'38" WEST A DISTANCE OF 129.37 FEET;
THENCE NORTH 12'11'16" WEST A DISTANCE OF 77.64 FEET;
THENCE NORTH 12'09'04" WEST A DISTANCE OF 131.76 FEET;
THENCE NORTH 10'43'05" WEST A DISTANCE OF 79.28 FEET;
THENCE NORTH 21'31'20" WEST A DISTANCE OF 33.57 FEET;
THENCE NORTH 37'06'49" WEST A DISTANCE OF 54.71 FEET;
THENCE NORTH 55'23'29" WEST A DISTANCE OF 96.58 FEET;
THENCE NORTH 24'36'32" WEST A DISTANCE OF 40.10 FEET;
THENCE NORTH 18'38'31" WEST A DISTANCE OF 81.42 FEET;
THENCE NORTH 04'17'18" WEST A DISTANCE OF 97.52 FEET;
THENCE NORTH 13'41'28" WEST A DISTANCE OF 110.16 FEET;
THENCE NORTH 13'28'02" WEST A DISTANCE OF 108.19 FEET;
THENCE NORTH 09'35'14" WEST A DISTANCE OF 124.18 FEET;
THENCE NORTH 09'44'36" WEST A DISTANCE OF 150.36 FEET;
THENCE NORTH 10'29'08" WEST A DISTANCE OF 149.07 FEET;
THENCE NORTH 09'52'21" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 41'10'44" EAST A DISTANCE OF 66.04 FEET;
THENCE NORTH 32'04'51" WEST A DISTANCE OF 77.59 FEET;
THENCE NORTH 58'19'45" WEST A DISTANCE OF 49.13 FEET;
THENCE NORTH 46'46'22" WEST A DISTANCE OF 218.48 FEET;
THENCE NORTH 44'25'40" WEST A DISTANCE OF 237.38 FEET;
THENCE NORTH 44'29'13" WEST A DISTANCE OF 209.27 FEET;
THENCE NORTH 45'04'50" WEST A DISTANCE OF 125.44 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 35 SAID INTERSECTION BEING 433.01
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 35;
THENCE NORTH 42'14'08" WEST A DISTANCE OF 114.47 FEET;
THENCE NORTH 38'40'42" WEST A DISTANCE OF 42.40 FEET;
THENCE NORTH 09'38'46" WEST A DISTANCE OF 64.45 FEET;
SHEET 13 OF 16
t::) h \ b l 1 3
__..Q" "L.'1.
16A 11
THENCE NORTH 26'16'34" EAST A DISTANCE OF 73.08 FEET;
THENCE NORTH 26'31'40" WEST A DISTANCE OF 21.68 FEET;
THENCE NORTH 42'41'04" WEST A DISTANCE OF 20.65 FEET;
THENCE NORTH 33'30'00" WEST A DISTANCE OF 43.02 FEET;
THENCE NORTH 03'20'03" EAST A DISTANCE OF 89.63 FEET;
THENCE NORTH 02'25'41" EAST A DISTANCE OF 118.59 FEET;
THENCE NORTH 05'32'44" EAST A DISTANCE OF 134.16 FEET;
THENCE NORTH 11'10'01" EAST A DISTANCE OF 113.24 FEET;
THENCE NORTH 02'20'28" EAST A DISTANCE OF 52.91 FEET;
THENCE NORTH 61'14'08" WEST A DISTANCE OF 58.51 FEET;
THENCE NORTH 70'20'56" WEST A DISTANCE OF 34.22 FEET;
THENCE NORTH 88'29'34" WEST A DISTANCE OF 59.39 FEET;
THENCE NORTH 78'14'21" WEST A DISTANCE OF 54.52 FEET;
THENCE NORTH 57'44'47" WEST A DISTANCE OF 45.26 FEET;
THENCE NORTH 28'20'42" WEST A DISTANCE OF 34.15 FEET;
THENCE NORTH 11'55'35" WEST A DISTANCE OF 51.05 FEET;
THENCE NORTH 02'45'26" EAST A DISTANCE OF 64.53 FEET;
THENCE NORTH 17'22'10" EAST A DISTANCE OF 101.30 FEET;
THENCE NORTH 10'24'33" EAST A DISTANCE OF 51.43 FEET;
THENCE NORTH 03'30'18" EAST A DISTANCE OF 31.45 FEET;
THENCE NORTH 05'41'28" WEST A DISTANCE OF 35.78 FEET;
THENCE NORTH 09'41'06" WEST A DISTANCE OF 44.07 FEET;
THENCE SOUTH 63'50'25" WEST A DISTANCE OF 2.84 FEET;
THENCE NORTH 31'35'08" WEST A DISTANCE OF 134.31 FEET;
THENCE NORTH 09'16'02" WEST A DISTANCE OF 79.30 FEET;
THENCE NORTH 08'38'51" EAST A DISTANCE OF 51.26 FEET;
THENCE NORTH 12'49'36" WEST A DISTANCE OF 36.30 FEET;
THENCE NORTH 45'13'53" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 79'00'40" WEST A DISTANCE OF 47.16 FEET;
THENCE SOUTH 86'10'48" WEST A DISTANCE OF 102.27 FEET;
THENCE SOUTH 86'12'06" WEST A DISTANCE OF 120.45 FEET;
THENCE SOUTH 85'27'06" WEST A DISTANCE OF 94.71 FEET;
THENCE SOUTH 87'14'38" WEST A DISTANCE OF 94.89 FEET;
THENCE NORTH 87'01'19" WEST A DISTANCE OF 44.02 FEET;
THENCE NORTH 49'57'52" WEST A DISTANCE OF 28.85 FEET;
THENCE NORTH 09'10'12" EAST A DISTANCE OF 26.57 FEET;
THENCE NORTH 39'47'32" WEST A DISTANCE OF 37.24 FEET;
THENCE NORTH 59'20'26" WEST A DISTANCE OF 49.97 FEET;
THENCE SOUTH 86'25'55" WEST A DISTANCE OF 22.49 FEET;
THENCE NORTH 45'11'48" WEST A DISTANCE OF 32.60 FEET;
THENCE NORTH 04'41'46" WEST A DISTANCE OF 25.03 FEET;
THENCE NORTH 09'12'04" EAST A DISTANCE OF 85.29 FEET;
THENCE NORTH 08'19'57" EAST A DISTANCE OF 112.67 FEET;
THENCE NORTH 06'53'33" EAST A DISTANCE OF 84.63 FEET;
THENCE NORTH 07'32'09" EAST A DISTANCE OF 95.88 FEET;
THENCE NORTH 07'11'59" EAST A DISTANCE OF 94.38 FEET;
THENCE NORTH 07'33'54" EAST A DISTANCE OF 83.75 FEET;
THENCE NORTH 08'31'36" EAST A DISTANCE OF 108.58 FEET;
THENCE NORTH 07'03'34" EAST A DISTANCE OF 100.31 FEET;
THENCE NORTH 02'25'47" EAST A DISTANCE OF 73.69 FEET;
THENCE NORTH 12'30'33" EAST A DISTANCE OF 38.63 FEET;
THENCE NORTH 11'10'33" EAST A DISTANCE OF 57.61 FEET;
THENCE NORTH 06'00'17" EAST A DISTANCE OF 76.12 FEET;
THENCE NORTH 08'48'34" EAST A DISTANCE OF 87.70 FEET;
THENCE NORTH 06'59'40" EAST A DISTANCE OF 77.02 FEET;
THENCE NORTH 1 0'22'09" EAST A DISTANCE OF 86.15 FEET;
SHEET 14 OF 16
E--j..\--,lb;i"3
(J~J,3
16All
THENCE NORTH 07'27'54" EAST A DISTANCE OF 122.02 FEET;
THENCE NORTH 10'02'32" EAST A DISTANCE OF 94.76 FEET;
THENCE NORTH 07'56'26" EAST A DISTANCE OF 73.09 FEET;
THENCE NORTH 10'28'58" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 08'12'50" EAST A DISTANCE OF 120.55 FEET;
THENCE NORTH 07'27'40" EAST A DISTANCE OF 77.04 FEET;
THENCE NORTH 06'51'33" EAST A DISTANCE OF 105.40 FEET;
THENCE NORTH 07'52'16" EAST A DISTANCE OF 70.03 FEET;
THENCE NORTH 06'33'01" EAST A DISTANCE OF 112.34 FEET;
THENCE NORTH 09'16'45" EAST A DISTANCE OF 81.54 FEET;
THENCE NORTH 07'44'58" EAST A DISTANCE OF 90.43 FEET;
THENCE NORTH 08'04'55" EAST A DISTANCE OF 85.71 FEET;
THENCE NORTH 08'03'59" EAST A DISTANCE OF 67.20 FEET;
THENCE NORTH 08'34'02" EAST A DISTANCE OF 64.45 FEET;
THENCE NORTH 08'14'23" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 00'44'57" WEST A DISTANCE OF 53.71 FEET;
THENCE NORTH 26'33'55" WEST A DISTANCE OF 23.71 FEET;
THENCE NORTH 41'02'44" WEST A DISTANCE OF 45.32 FEET;
THENCE SOUTH 80'02'33" WEST A DISTANCE OF 15.41 FEET;
THENCE NORTH 87'01'01" WEST A DISTANCE OF 120.29 FEET;
THENCE NORTH 88'34'24" WEST A DISTANCE OF 110.60 FEET;
THENCE NORTH 88'13'36" WEST A DISTANCE OF 130.03 FEET;
THENCE NORTH 82'12'28" WEST A DISTANCE OF 94.66 FEET;
THENCE NORTH 86'11'22" WEST A DISTANCE OF 107.67 FEET;
THENCE SOUTH 70'52'00" WEST A DISTANCE OF 35.97 FEET;
THENCE SOUTH 42'32'30" WEST A DISTANCE OF SO.71 FEET;
THENCE SOUTH 58'33'30" WEST A DISTANCE OF 41.31 FEET;
THENCE NORTH 79'29'14" WEST A DISTANCE OF 80.73 FEET;
THENCE NORTH 54'54'27" WEST A DISTANCE OF 98.11 FEET;
THENCE NORTH 71'06'26" WEST A DISTANCE OF 40.16 FEET;
THENCE NORTH 82'42'22" WEST A DISTANCE OF 4.00 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY AND WHOSE
RADIUS POINT BEARS NORTH 73'14'22" WEST A DISTANCE OF 1,575.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 16'27'52" AN ARC DISTANCE OF 452.59 FEET;
THENCE NORTH 00'17'46" EAST A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH A LINE 150 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF
SAID SECTION 26;
THENCE SOUTH 89'42'14" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 1,966.57
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A
DISTANCE OF 2,661.45 FEET TO AN INTERSECTION WITH A LINE 150 FEET SOUTHERLY
FROM AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 25;
THENCE ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A DISTANCE OF 2,696.26
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A
DISTANCE OF 997.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 12'37'36" EAST A DISTANCE OF 157.85
FEET;
THENCE SOUTH 88'54'39" EAST A DISTANCE OF 81.69 FEET;
THENCE NORTH 88'10'41" EAST A DISTANCE OF 55.Q3 FEET;
THENCE SOUTH 77'41'09" EAST A DISTANCE OF 32.85 FEET;
THENCE SOUTH 02'07'20" EAST A DISTANCE OF 190.09 FEET;
THENCE SOUTH 12'10'55" EAST A DISTANCE OF 32.46 FEET;
THENCE NORTH 58'07'26" EAST A DISTANCE OF 72.74 FEET;
THENCE NORTH 63'04'41" EAST A DISTANCE OF 92.55 FEET;
SHEET 15 OF 16
E xh I biT ..3
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THENCE NORTH 79'33'44" EAST A DISTANCE OF 61.01 FEET;
THENCE NORTH 86'24'10" EAST A DISTANCE OF 51.70 FEET;
THENCE NORTH 80'37'56" EAST A DISTANCE OF 52.43 FEET;
THENCE SOUTH 88'21'44" EAST A DISTANCE OF 39.72 FEET;
THENCE SOUTH 38'56'12" EAST A DISTANCE OF 139.44 FEET;
THENCE SOUTH 34'49'11" EAST A DISTANCE OF 87.30 FEET;
THENCE SOUTH 52'38'56" EAST A DISTANCE OF 102.14 FEET;
THENCE SOUTH 85'31'26" EAST A DISTANCE OF 48.72 FEET;
THENCE SOUTH 82'08'00" EAST A DISTANCE OF 48.16 FEET;
THENCE NORTH 78'35'31" EAST A DISTANCE OF 50.31 fEET;
THENCE SOUTH 85'32'14" EAST A DISTANCE OF 74.36 FEET;
THENCE SOUTH 40'52'50" EAST A DISTANCE OF 101.87 FEET;
THENCE SOUTH 34'42'50" EAST A DISTANCE OF 67.20 FEET;
THENCE SOUTH 24'38'48" EAST A DISTANCE OF 27.97 FEET;
THENCE SOUTH 24'04'21" WEST A DISTANCE OF 40.68 FEET;
THENCE SOUTH 22'55'30" WEST A DISTANCE OF 27.70 FEET;
THENCE SOUTH 29'55'01" WEST A DISTANCE OF 42.25 FEET;
THENCE SOUTH 62'45'43" WEST A DISTANCE OF 31.78 FEET;
THENCE SOUTH 73'27'42"WEST A DISTANCE OF 39.10 FEET;
THENCE SOUTH 19'26'45" EAST A DISTANCE OF 307.63 FEET;
THENCE SOUTH 07'48'10" EAST A DISTANCE OF 309.69 FEET;
THENCE SOUTH 11 '25'47" WEST A DISTANCE OF 195.D1 FEET;
THENCE SOUTH 01'49'00" WEST A DISTANCE OF 136.34 FEET;
THENCE SOUTH 08'35'14" EAST A DISTANCE OF 247.28 FEET;
THENCE NORTH 83'31'42" EAST A DISTANCE OF 138.31 FEET;
THENCE NORTH 79'24'46" EAST A DISTANCE OF 267.94 FEET;
THENCE SOUTH 84'57'16" EAST A DISTANCE OF 141.81 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 25;
THENCE SOUTH 00'10'45" EAST ALONG SAID EASTERLY L1N E A DISTANCE OF 507.20
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00'13'04" EAST A
DISTANCE OF 2,580.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 2,655.46 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE.,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
~~~
-G GE W. HACKN~Y P.S.M. 5606
10065-AG1.RTF
REF. ABB DWG #10065-AG1
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16A 11
LEGAL DESCRIPTION OF SSA 158 (CAMP KEAIS STRAND)
A PARCEL OF LAND LYING IN SECTIONS 23, 24, 25, 26, 35 AND 36, TOWNSHIP 48
SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E, 503998,04 N. 696342,69, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83190 ADJUSTMENT;
THENCE SOUTH 88'48'12" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 36 A
DISTANCE OF 2,649.56 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89'21'28" WEST A
DISTANCE OF 2,653.09 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 57'39'35" WEST A DISTANCE OF
2,712,87 FEET;
THENCE NORTH 05'18'14" EAST A DISTANCE OF 836.62 FEET;
THENCE NORTH 04'39'23" EAST A DISTANCE OF 580.69 FEET;
THENCE NORTH 05'49'50" EAST A DISTANCE OF 271.78 FEET;
THENCE NORTH 04'20'16" EAST A DISTANCE OF 459.30 FEET;
THENCE NORTH 01'45'42" WEST A DISTANCE OF 193.45 FEET;
THENCE SOUTH 85'05'02" EAST A DISTANCE OF 160.07 FEET;
THENCE NORTH 51'55'46" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 42'40'06" EAST A DISTANCE OF 92.10 FEET;
THENCE NORTH 15'27'36" EAST A DISTANCE OF 120,57 FEET;
THENCE NORTH 19'57'18" EAST A DISTANCE OF 116.62 FEET;
THENCE NORTH 11'53'45" WEST A DISTANCE OF 209.57 FEET;
THENCE NORTH 01'34'50" EAST A DISTANCE OF 187,95 FEET;
THENCE NORTH 01'30'27" WEST A DISTANCE OF 462,02 FEET;
THENCE NORTH 22'38'12" WEST A DISTANCE OF 56.27 FEET;
THENCE NORTH 61'25'47" WEST A DISTANCE OF 122.11 FEET;
THENCE NORTH 06'30'13" WEST A DISTANCE OF 53,19 FEET;
THENCE NORTH 13'16'08" EAST A DISTANCE OF 52.98 FEET;
THENCE NORTH 39'21'18" EAST A DISTANCE OF 119.40 FEET;
THENCE NORTH 36'20'47" EAST A DISTANCE OF 105.24 FEET;
THENCE NORTH 04'40'17" EAST A DISTANCE OF 57.99 FEET;
THENCE NORTH 12'46'53" WEST A DISTANCE OF 101,02 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 26 SAID INTERSECTION BEING 839.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 26;
THENCE NORTH 13'15'52" WEST A DISTANCE OF 101,60 FEET;
THENCE NORTH 36'36'20" WEST A DISTANCE OF 89,11 FEET;
THENCE NORTH 29'44'50" WEST A DISTANCE OF 115.20 FEET;
THENCE NORTH 09'09'24" WEST A DISTANCE OF 164.15 FEET;
THENCE NORTH 37'22'16" WEST A DISTANCE OF 191.94 FEET;
THENCE NORTH 01'53'52" EAST A DISTANCE OF 169.01 FEET;
THENCE NORTH 12'21'05" EAST A DISTANCE OF 153.91 FEET;
THENCE NORTH 02'52'28" WEST A DISTANCE OF 79.85 FEET;
THENCE NORTH 04'42'01" WEST A DISTANCE OF 186.14 FEET;
THENCE NORTH 05'18'10" EAST A DISTANCE OF 141.13 FEET;
THENCE NORTH 04'00'14" WEST A DISTANCE OF 53.56 FEET;
THENCE NORTH 18'11'52" WEST A DISTANCE OF 55.60 FEET;
SHEET 7 OF 10
Cxh IblT 3
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16AIl
THENCE NORTH 43'54'56" WEST A DISTANCE OF 66.15 FEET;
THENCE NORTH 26'18'31" EAST A DISTANCE OF 60.32 FEET;
THENCE NORTH 20'35'07" EAST A DISTANCE OF 32.29 FEET;
THENCE NORTH 08'55'04" EAST A DISTANCE OF 24.62 FEET;
THENCE NORTH 20'58'50" EAST A DISTANCE OF 68.27 FEET;
THENCE NORTH 23'08'23" EAST A DISTANCE OF 126.47 FEET;
THENCE NORTH 20'39'14" EAST A DISTANCE OF 146.49 FEET;
THENCE NORTH 23'06'08" EAST A DISTANCE OF 163.41 FEET;
THENCE NORTH 22'46'34" EAST A DISTANCE OF 139.86 FEET;
THENCE NORTH 21'33'29" EAST A DISTANCE OF 127.20 FEET;
THENCE NORTH 24'45'08" EAST A DISTANCE OF 219.78 FEET;
THENCE NORTH 40'14'35" EAST A DISTANCE OF 81.92 FEET;
THENCE NORTH 41'31'07" EAST A DISTANCE OF 107.63 FEET;
THENCE NORTH 39'12'40" EAST A DISTANCE OF 196,84 FEET;
THENCE NORTH 38'51'54" EAST A DISTANCE OF 227.34 FEET;
THENCE NORTH 34'20'53" EAST A DISTANCE OF 162.48 FEET;
THENCE NORTH 25'18'21" EAST A DISTANCE OF 162,93 FEET;
THENCE NORTH 19'40'31" EAST A DISTANCE OF 170.27 FEET;
THENCE NORTH 18'50'26" EAST A DISTANCE OF 182,59 FEET;
THENCE NORTH 09'15'59" EAST A DISTANCE OF 164.06 FEET;
THENCE NORTH 06'54'51" EAST A DISTANCE OF 97.18 FEET;
THENCE NORTH 04'29'23" EAST A DISTANCE OF 41.55 FEET;
THENCE NORTH 01'27'29" EAST A DISTANCE OF 125.88 FEET;
THENCE NORTH 04'56'45" WEST A DISTANCE OF 136.22 FEET;
THENCE NORTH 05'43'21" WEST A DISTANCE OF 134.08 FEET;
THENCE NORTH 06'35'55" WEST A DISTANCE OF 167.68 FEET;
THENCE NORTH 06'09'39" WEST A DISTANCE OF 1SO.20 FEET;
THENCE NORTH 06'27'54" WEST A DISTANCE OF 194.09 FEET;
THENCE NORTH 04'45'41" WEST A DISTANCE OF 119.06 FEET;
THENCE NORTH 07'58'21" WEST A DISTANCE OF 103,11 FEET;
THENCE NORTH 04'18'44" WEST A DISTANCE OF 116.13 FEET;
THENCE NORTH 11'40'05" WEST A DISTANCE OF 181.99 FEET;
THENCE NORTH 39'52'26" WEST A DISTANCE OF 62.40 FEET;
THENCE NORTH 62'05'18" WEST A DISTANCE OF 102.75 FEET;
THENCE NORTH 69'12'33" WEST A DISTANCE OF 96.04 FEET;
THENCE NORTH 66'23'57" WEST A DISTANCE OF 134.99 FEET;
THENCE NORTH 69'31'46" WEST A DISTANCE OF 98,07 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 23 SAID INTERSECTION BEING 1055.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 23;
THENCE NORTH SO'04'58" WEST A DISTANCE OF 109,18 FEET;
THENCE NORTH 40'57'42" WEST A DISTANCE OF 84.31 FEET;
THENCE NORTH 24'20'07" WEST A DISTANCE OF 80,53 FEET;
THENCE NORTH 23'48'52" WEST A DISTANCE OF 83,55 FEET;
THENCE NORTH 33'54'40" WEST A DISTANCE OF 95.19 FEET;
THENCE NORTH 15'28'34" WEST A DISTANCE OF 98,67 FEET;
THENCE NORTH 08'29'42" WEST A DISTANCE OF 133,29 FEET;
THENCE NORTH 15'57'41" WEST A DISTANCE OF 87,05 FEET;
THENCE NORTH 13'26'04" WEST A DISTANCE OF 132.70 FEET;
THENCE NORTH 16'50'23" WEST A DISTANCE OF 102.82 FEET;
THENCE NORTH 12'00'07" WEST A DISTANCE OF 137.19 FEET;
THENCE NORTH 05'51'20" WEST A DISTANCE OF 79.57 FEET;
THENCE NORTH 05'34'56" WEST A DISTANCE OF 146.86 FEET;
THENCE NORTH 01'49'23" WEST A DISTANCE OF 49.22 FEET;
THENCE NORTH 12'30'05" EAST A DISTANCE OF 51.18 FEET;
THENCE NORTH 21'40'04" EAST A DISTANCE OF 94.48 FEET;
THENCE NORTH 25'07'46" EAST A DISTANCE OF 112.36 FEET;
SHEET 8 OF 10
f:iZh\6r J 3
D. "),')
THENCE NORTH 25'47'38" EAST A DISTANCE OF 66.83 FEET;
THENCE NORTH 20'27'50" EAST A DISTANCE OF 100.27 FEET;
THENCE NORTH 28'18'26" EAST A DISTANCE OF 87.91 FEET;
THENCE NORTH 72'22'33" EAST A DISTANCE OF 229,62 FEET;
THENCE NORTH 81'13'06" EAST A DISTANCE OF 87.23 FEET;
THENCE NORTH 76'16'58" EAST A DISTANCE OF 125.96 FEET;
THENCE NORTH 49'38'24" EAST A DISTANCE OF 57.87 FEET;
THENCE NORTH 05'49'49" WEST A DISTANCE OF 103.32 FEET;
THENCE NORTH 13'59'34" WEST A DISTANCE OF 62,17 FEET;
THENCE NORTH 07'54'22" WEST A DISTANCE OF 107.99 FEET;
THENCE NORTH 13'06'47" WEST A DISTANCE OF 69,50 FEET;
THENCE NORTH 10'11'08" WEST A DISTANCE OF 138.34 FEET;
THENCE NORTH 12'51'24" WEST A DISTANCE OF 62.47 FEET;
THENCE NORTH 09'27'39" WEST A DISTANCE OF 88.99 FEET;
THENCE NORTH 09'55'20" WEST A DISTANCE OF 65,09 FEET;
THENCE NORTH 12'02'18" WEST A DISTANCE OF 110.05 FEET;
THENCE NORTH 06'05'00" WEST A DISTANCE OF 39.47 FEET;
THENCE NORTH 10'41'56" EAST A DISTANCE OF 56.71 FEET;
THENCE NORTH 54'56'27" EAST A DISTANCE OF 109.81 FEET;
THENCE NORTH 61'26'14" EAST A DISTANCE OF 90.22 FEET;
THENCE NORTH 57'14'49" EAST A DISTANCE OF 85,00 FEET;
THENCE NORTH 59'06'08" EAST A DISTANCE OF 118,93 FEET;
THENCE NORTH 61 "08'47" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 61'03'12" EAST A DISTANCE OF 121.80 FEET;
THENCE NORTH 57'31'08" EAST A DISTANCE OF 72.57 FEET;
THENCE NORTH 61'16'47" EAST A DISTANCE OF 55.84 FEET;
THENCE NORTH 26'34'41" WEST A DISTANCE OF 68.57 FEET;
THENCE NORTH 25'06'55" WEST A DISTANCE OF 93.27 FEET;
THENCE NORTH 18'31'00" WEST A DISTANCE OF 99,13 FEET;
THENCE NORTH 21'39'41" WEST A DISTANCE OF 82,80 FEET;
THENCE NORTH 15'57'41" WEST A DISTANCE OF 65,82 FEET;
THENCE NORTH 10'03'49" WEST A DISTANCE OF 86.61 FEET;
THENCE NORTH 03'48'57" WEST A DISTANCE OF 71,60 FEET;
THENCE NORTH 00'50'08" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 02'01'15" EAST A DISTANCE OF 78.59 FEET;
THENCE NORTH 02'37'36" EAST A DISTANCE OF 56,04 FEET;
THENCE NORTH 06'01'07" EAST A DISTANCE OF 96.99 FEET;
THENCE NORTH 07'10'05" EAST A DISTANCE OF 78.37 FEET;
THENCE NORTH 11'01'52" EAST A DISTANCE OF 70.22 FEET;
THENCE NORTH 15'13'34" EAST A DISTANCE OF 134.63 FEET;
THENCE NORTH 28'06'49" EAST A DISTANCE OF 285.38 FEET;
THENCE NORTH 33'19'49" EAST A DISTANCE OF 28,19 FEET;
THENCE NORTH 17'54'50" EAST A DISTANCE OF 34.34 FEET;
THENCE NORTH 14'52'14" EAST A DISTANCE OF 67.48 FEET;
THENCE NORTH 27"45'10" EAST A DISTANCE OF 75.34 FEET;
THENCE NORTH 23'00'06" EAST A DISTANCE OF 62,30 FEET;
THENCE NORTH 23'41'39" EAST A DISTANCE OF 97.76 FEET;
THENCE NORTH 20'25'55" EAST A DISTANCE OF 81.84 FEET;
THENCE NORTH 19'57'25" EAST A DISTANCE OF 94.22 FEET;
THENCE NORTH 19'41'57" EAST A DISTANCE OF 62.56 FEET;
THENCE NORTH 20'16'19" EAST A DISTANCE OF 85.89 FEET;
THENCE NORTH 33'00'15" EAST A DISTANCE OF 55.51 FEET;
THENCE NORTH 46'31'17" EAST A DISTANCE OF 42.87 FEET;
THENCE NORTH 53'54'57" EAST A DISTANCE OF 32.94 FEET;
THENCE NORTH 12"23'19" EAST A DISTANCE OF 173.40 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE
SHEET 9 OF 10
16AIl
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RADIUS POINT BEARS SOUTH 06'19'16" EAST A DISTANCE OF 2,910.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 01'31'15" AN ARC DISTANCE OF 77.24 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OIL WELL ROAD (C.R. 858);
THENCE NORTH 89'44'59" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 393,70 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID
SECTION 24;
THENCE CONTINUING ALONG SAID LINE NORTH 89'44'03" EAST A DISTANCE OF
2,683,75 FEET;
THENCE CONTINUING ALONG SAID LINE NORTH 89'44'56" EAST A DISTANCE OF
2,676,12 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 24;
THENCE LEAVING SAID LINE SOUTH 00'35'36" WEST A DISTANCE OF 2,544,30 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 24;
THENCE SOUTH 00'11 '38" EAST A DISTANCE OF 2,676,34 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 24;
THENCE SOUTH 00'11'37" WEST ALONG THE EAST LINE OF THE AFORESAID SECTION
25 A DISTANCE OF 5,996,58 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25;
THENCE SOUTH 00'32'35" WEST A DISTANCE OF 2,594.70 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 36;
THENCE SOUTH 00'07'35" EAST A DISTANCE OF 2,599,90 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 36 AND THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 2,603.52 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC,
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS,
~~
-13EORGE W, HA NEY P.S.M. 5606
10066-AG1.RTF
REF. ABB DWG #10066-AG1
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LEGAL DESCRIPTION OF AG.1 (SHAGGY CYPRESS)
A PARCEL OF LAND LYING IN SECTIONS 25,26 AND 35, TOWNSHIP 47 SOUTH, RANGE
28 EAST AND SECTIONS 1, 2,12,13 AND 14, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 25 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503802.76 N. 734035.22, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 89'57'36" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 25 A
DISTANCE OF 5,356.62 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;
THENCE SOUTH 00'00'30" WEST ALONG THE EASTERLY LINE OF SAID SECTION 35 A
DISTANCE OF 5,190.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1;
THENCE NORTH 89'36'41" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 1 A
DISTANCE OF 4,249.85 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'43'12" EAST A DISTANCE OF
5,303.27 FEET;
THENCE SOUTH 89'00'09" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 23.81
FEET;
THENCE SOUTH 00"44'30" EAST A DISTANCE OF 5,387.66 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1541.40
FEET EASTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89'24'56" EAST ALONG SAID NORTHERLY LINEA DISTANCE OF 151.63
FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 01'11'02" EAST ALONG THE
WESTERLY LINE OF THE EASTERLY 60 ACRES OF THE NORTHEAST QUARTER OF
SAID SECTION 13 A DISTANCE OF 2,688.15 FEET TO AN INTERSECTION WITH THE
EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89'32'26" WEST ALONG SAID EAST-
WEST QUARTER SECTION LINE A DISTANCE OF 1692.67 FEET TO THE CENTER OF
SAID SECTION 13;
THENCE LEAVING SAID EAST-WEST QUARTER SECTION LINE SOUTH 01'11'28" EAST A
DISTANCE OF 2,537.89 FEET TO AN INTERSECTION WITH A LINE 150 FEET NORTHERLY
FROM AND PARALLEL WITH THE SOUTH LINE OF SECTION 13;
THENCE SOUTH 89'44'03" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 2,682,71
FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'59" WEST A
DISTANCE OF 589.38 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 26'46'25" WEST A DISTANCE OF 63.29
FEET;
THENCE NORTH 26'17'00" WEST A DISTANCE OF 91.71 FEET;
THENCE NORTH 26'33'19" WEST A DISTANCE OF 68.60 FEET;
THENCE NORTH 25'26'28" WEST A DISTANCE OF 76.21 FEET;
THENCE NORTH 25'08'06" WEST A DISTANCE OF 72.93 FEET;
THENCE NORTH 25'33'36" WEST A DISTANCE OF 147.24 FEET;
THENCE NORTH 26'24'17" WEST A DISTANCE OF 89.07 FEET;
THENCE NORTH 26'47'35" WEST A DISTANCE OF 74.57 FEET;
THENCE NORTH 27'58'24" WEST A DISTANCE OF 87.52 FEET;
THENCE NORTH 25'28'45" WEST A DISTANCE OF 132.49 FEET;
THENCE NORTH 24'58'47" WEST A DISTANCE OF 92.76 FEET;
SHEET 9 OF 16
lX\.,i\)l-t" ..3
___...Dr> 1,1.
16All
THENCE NORTH 25'09'02" WEST A DISTANCE OF 87.60 FEET;
THENCE NORTH 26'20'10" WEST A DISTANCE OF 100.90 FEET;
THENCE NORTH 25'24'13" WEST A DISTANCE OF 101.38 FEET;
THENCE NORTH 26'35'58" WEST A DISTANCE OF 87.72 FEET;
THENCE NORTH 24'32'43" WEST A DISTANCE OF 85.64 FEET;
THENCE NORTH 25'50'26" WEST A DISTANCE OF 87.70 FEET;
THENCE NORTH 24'59'46" WEST A DISTANCE OF 84.63 FEET;
THENCE NORTH 25'53'19" WEST A DISTANCE OF 84.20 FEET;
THENCE NORTH 25'34'24" WEST A DISTANCE OF 80.98 FEET;
THENCE NORTH 26'43'31" WEST A DISTANCE OF 92.92 FEET;
THENCE NORTH 25'54'39" WEST A DISTANCE OF 78.03 FEET;
THENCE NORTH 24'14'51" WEST A DISTANCE OF 82.73 FEET;
THENCE NORTH 24'44'08" WEST A DISTANCE OF 93,06 FEET;
THENCE NORTH 27'54'57" WEST A DISTANCE OF 85.72 FEET;
THENCE NORTH 23'50'38" WEST A DISTANCE OF 90.32 FEET;
THENCE NORTH 26'17'26" WEST A DISTANCE OF 75,53 FEET;
THENCE NORTH 17'15'37" EAST A DISTANCE OF 32.15 FEET;
THENCE NORTH 52'01'20" EAST A DISTANCE OF 99.82 FEET;
THENCE NORTH 80'36'05" EAST A DISTANCE OF 59.59 FEET;
THENCE NORTH 81'27'09" EAST A DISTANCE OF 61.88 FEET;
THENCE NORTH 87'12'13" EAST A DISTANCE OF 122.63 FEET;
THENCE NORTH 83'40'43" EAST A DISTANCE OF 86,09 FEET;
THENCE NORTH 89'40'25" EAST A DISTANCE OF 95.57 FEET;
THENCE NORTH 85'13'18" EAST A DISTANCE OF 97.58 FEET;
THENCE NORTH 86'54'21" EAST A DISTANCE OF 83.22 FEET;
THENCE NORTH 88'36'00" EAST A DISTANCE OF 79.53 FEET;
THENCE NORTH 86'13'23" EAST A DISTANCE OF 86.83 FEET;
THENCE NORTH 85'00'11" EAST A DISTANCE OF 107.60 FEET;
THENCE NORTH 85'53'58" EAST A DISTANCE OF 76.26 FEET;
THENCE NORTH 84'08'43" EAST A DISTANCE OF 56.48 FEET;
THENCE NORTH 88'15'46" EAST A DISTANCE OF 103.23 FEET;
THENCE NORTH 86'27'39" EAST A DISTANCE OF 396.43 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 14 SAID INTERSECTION BEING 179.10
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 14;
THENCE NORTH 86'55'23" EAST A DISTANCE OF 156.61 FEET;
THENCE NORTH 87'21'40" EAST A DISTANCE OF 178.22 FEET;
THENCE NORTH 89'40'40" EAST A DISTANCE OF 36.48 FEET;
THENCE NORTH 77'38'19" EAST A DISTANCE OF 54,53 FEET;
THENCE NORTH 65'43'58" EAST A DISTANCE OF 41.63 FEET;
THENCE NORTH 52'26'02" EAST A DISTANCE OF 130,64 FEET;
THENCE NORTH 46'29'07" EAST A DISTANCE OF 85,54 FEET TO AN INTERSECTION
WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 13 SAID
INTERSECTION BEING 630.40 FEET EASTERLY FROM THE WEST QUARTER CORNER
OF SAID SECTION 13;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH 34'16'43" EAST A DISTANCE OF 24.40 FEET;
THENCE NORTH 40'15'05" EAST A DISTANCE OF 74,21 FEET;
THENCE NORTH 37'41'31" EAST A DISTANCE OF 65.98 FEET;
THENCE NORTH 36'05'18" EAST A DISTANCE OF 58.14 FEET;
THENCE NORTH 32'31'08" WEST A DISTANCE OF 358.99 FEET;
THENCE NORTH 41'31'42"WEST A DISTANCE OF 109.73 FEET;
THENCE NORTH 46'23'06" WEST A DISTANCE OF 159.87 FEET;
THENCE NORTH 46'16'52" WEST A DISTANCE OF 103.57 FEET;
THENCE NORTH 41'35'05" WEST A DISTANCE OF 117.42 FEET;
THENCE NORTH 35'00'15" WEST A DISTANCE OF 170.61 FEET;
THENCE NORTH 23'02'42" EAST A DISTANCE OF 34.34 FEET;
SHEET 10 OF 16
Ef.. ~ l b 1 1- ~
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16A 11
THENCE NORTH 74'37'42" EAST A DISTANCE OF 207,18 FEET;
THENCE NORTH 75'24'57" EAST A DISTANCE OF 172.74 FEET;
THENCE SOUTH 87'35'16" EAST A DISTANCE OF 399.02 FEET;
THENCE SOUTH 88'37'38" EAST A DISTANCE OF 296.56 FEET;
THENCE NORTH 88021'17" EAST A DISTANCE OF 47.29 FEET;
THENCE NORTH 25'47'51" EAST A DISTANCE OF 56.78 FEET;
THENCE NORTH 15'20'56" EAST A DISTANCE OF 172.84 FEET;
THENCE NORTH 07'36'53" EAST A DISTANCE OF 112.53 FEET;
THENCE NORTH 07'48'32" WEST A DISTANCE OF 47.46 FEET;
THENCE NORTH 37'38'49" WEST A DISTANCE OF 43.91 FEET;
THENCE NORTH 66'21'10" WEST A DISTANCE OF 167,29 FEET;
THENCE NORTH 61'58'09" WEST A DISTANCE OF 161.69 FEET;
THENCE NORTH 69'50'41" WEST A DISTANCE OF 85.97 FEET;
THENCE NORTH 86'40'20" WEST A DISTANCE OF 95,51 FEET;
THENCE NORTH 67'46'05" WEST A DISTANCE OF 43.26 FEET;
THENCE NORTH 24'15'09" EAST A DISTANCE OF SOO.93 FEET;
THENCE NORTH 25'05'04" EAST A DISTANCE OF 458.19 FEET;
THENCE NORTH 19'00'53" EAST A DISTANCE OF 138.95 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 13 SAID INTERSECTION BEING 1369,63
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE CONTINUING NORTH 19'00'53" EAST A DISTANCE OF 116.45 FEET;
THENCE NORTH 16'30'39" EAST A DISTANCE OF 235.98 FEET;
THENCE NORTH 18'17'25" EAST A DISTANCE OF 462.77 FEET;
THENCE NORTH 18'25'35" EAST A DISTANCE OF 71.97 FEET;
THENCE NORTH 23'52'15" EAST A DISTANCE OF 89,35 FEET;
THENCE NORTH 23'15'16" EAST A DISTANCE OF 108.27 FEET;
THENCE SOUTH 65'32'33" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 88'36'20" EAST A DISTANCE OF 61.54 FEET;
THENCE NORTH 88'53'49" EAST A DISTANCE OF 138.16 FEET;
THENCE SOUTH 87'17'52" EAST A DISTANCE OF 266.66 FEET;
THENCE SOUTH 89'55'47" EAST A DISTANCE OF 189.64 FEET;
THENCE SOUTH 88'53'25" EAST A DISTANCE OF 152.94 FEET;
THENCE SOUTH 88'39'13" EAST A DISTANCE OF 71.15 FEET;
THENCE SOUTH 82'32'23" EAST A DISTANCE OF 58.08 FEET;
THENCE NORTH 00'35'30" WEST A DISTANCE OF 28.81 FEET;
THENCE NORTH 02'42'10" EAST A DISTANCE OF 154,42 FEET;
THENCE NORTH 42'44'16" WEST A DISTANCE OF 222,31 FEET;
THENCE NORTH 26'43'43" WEST A DISTANCE OF 257.22 FEET;
THENCE NORTH 06'01'02" WEST A DISTANCE OF 263.19 FEET;
THENCE NORTH 11'08'15" EAST A DISTANCE OF 301.05 FEET;
THENCE NORTH 29'25'27" WEST A DISTANCE OF 731.49 FEET;
THENCE NORTH 40'58'09" WEST A DISTANCE OF 73.85 FEET;
THENCE NORTH 35'48'44" WEST A DISTANCE OF 68.36 FEET;
THENCE NORTH 43'11'47" WEST A DISTANCE OF 97.29 FEET;
THENCE NORTH 40'46'58" WEST A DISTANCE OF 113,23 FEET;
THENCE NORTH 22'01'00" WEST A DISTANCE OF 40.08 FEET;
THENCE NORTH 01'36'26" EAST A DISTANCE OF 119.94 FEET;
THENCE NORTH 04'46'25" EAST A DISTANCE OF 96.12 FEET;
THENCE NORTH 04'52'09" EAST A DISTANCE OF 85.37 FEET;
THENCE NORTH 05'55'11" EAST A DISTANCE OF 64.08 FEET;
THENCE NORTH 03'56'29" EAST A DISTANCE OF 101.25 FEET;
THENCE NORTH 06'47'59" EAST A DISTANCE OF 89.05 FEET;
THENCE NORTH 00'44'24" WEST A DISTANCE OF 68.46 FEET;
THENCE NORTH 14'26'09" WEST A DISTANCE OF 90.25 FEET;
THENCE NORTH 23'50'57" WEST A DISTANCE OF 69.70 FEET;
THENCE NORTH 69'58'42" WEST A DISTANCE OF 53,74 FEET;
SHEET 11 OF 16
E X ~) \ hi r -3
____~m. I, (I
16AII
THENCE NORTH 74'11'36" WEST A DISTANG.E OF 87.05 FEET;
THENCE NORTH 75'06'40" WEST A DISTANCE OF 109.33 FEET;
THENCE NORTH 74'52'26"WEST A DISTANCE OF 95,10 FEET;
THENCE NORTH 75'24'24" WEST A DISTANCE OF 85.47 FEET;
THENCE NORTH 74'55'56" WEST A DISTANCE OF 87.11 FEET;
THENCE NORTH 70'51'51" WEST A DISTANCE OF 62.99 FEET;
THENCE NORTH 80'28'45" WEST A DISTANCE OF 432.16 FEET;
THENCE NORTH 75'56'55" WEST A DISTANCE OF 189.25 FEET;
THENCE NORTH 84'17'04" WEST A DISTANCE OF 230.68 FEET;
THENCE SOUTH 90'00'00" WEST A DISTANCE OF 275.38 FEET;
THENCE NORTH 10'36'15" EAST A DISTANCE OF 373.97 FEET;
THENCE NORTH 06'43'26" EAST A DISTANCE OF 392.43 FEET;
THENCE NORTH 03'33'37" EAST A DISTANCE OF 368.29 FEET;
THENCE NORTH 21'28'38" WEST A DISTANCE OF 92.23 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 1;
THENCE NORTH 27'35'52" WEST A DISTANCE OF 4SO.15 FEET;
THENCE NORTH 00'31'12" WEST A DISTANCE OF 649.18 FEET;
THENCE NORTH 14'34'51" WEST A DISTANCE OF 408.66 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 2 SAID INTERSECTION BEING 1225.82
FEET SOUTHERLY FROM THE EAST QUARTER CORNER OF SAID SECTION 2;
THENCE CONTINUING NORTH 14'34'51"WEST A DISTANCE OF 4,021.77 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING NORTH 14'34'51" WEST A DISTANCE OF 13.09 FEET;
THENCE SOUTH 88'51'11" WEST A DISTANCE OF 10.76 FEET;
THENCE SOUTH 56'58'49" WEST A DISTANCE OF 23.32 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE CONTINUING SOUTH 56'58'49"WEST A DISTANCE OF 33,70 FEET;
THENCE SOUTH 22'43'29" WEST A DISTANCE OF 85.80 FEET;
THENCE SOUTH 24'46'23" WEST A DISTANCE OF 43.59 FEET;
THENCE SOUTH 45'57'49" WEST A DISTANCE OF 62.57 FEET;
THENCE SOUTH 54'08'59" WEST A DISTANCE OF 138.98 FEET;
THENCE SOUTH 59'34'49" WEST A DISTANCE OF 2,174.40 FEET;
THENCE NORTH 01'47'15" WEST A DISTANCE OF 1,317.67 FEET;
THENCE NORTH 89'32'02" EAST A DISTANCE OF 400.43 FEET;
THENCE NORTH 83'51'48" EAST A DISTANCE OF 23.74 FEET;
THENCE NORTH 86'48'17" EAST A DISTANCE OF 136.06 FEET;
THENCE NORTH 80'50'50" EAST A DISTANCE OF 61.55 FEET;
THENCE NORTH 81'53'57" EAST A DISTANCE OF 29.33 FEET;
THENCE NORTH 02'07'18" WEST A DISTANCE OF 7,27 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 2;
THENCE NORTH 00'07'25" WEST A DISTANCE OF 60,18 FEET;
THENCE NORTH 02'43'18" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 03'50'04" WEST A DISTANCE OF 86.63 FEET;
THENCE NORTH 03'48'06" WEST A DISTANCE OF 129.05 FEET;
THENCE NORTH 00'17'54" EAST A DISTANCE OF SO.28 FEET;
THENCE NORTH 10'18'33" EAST A DISTANCE OF 29.57 FEET;
THENCE NORTH 31'41'59" EAST A DISTANCE OF 46.71 FEET;
THENCE NORTH 45'00'54" EAST A DISTANCE OF 36.69 FEET;
THENCE NORTH 50'00'40" EAST A DISTANCE OF 91.43 FEET;
THENCE NORTH 44'03'37" EAST A DISTANCE OF 96.97 FEET;
THENCE NORTH 11'26'43" EAST A DISTANCE OF 61.84 FEET;
THENCE NORTH 00'50'03" WEST A DISTANCE OF 134.14 FEET;
THENCE NORTH 00'51'17" WEST A DISTANCE OF 88.20 FEET;
THENCE NORTH 00'35'02" WEST A DISTANCE OF 59.85 FEET;
THENCE NORTH 02'02'34" WEST A DISTANCE OF 59,57 FEET;
THENCE NORTH 01'40'17" WEST A DISTANCE OF 74.69 FEET;
SHEET 12 OF 16
[)(.l,..,lbn ,3
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16Al1
THENCE NORTH 05'47'34" EAST A DISTANCE OF 47.35 FEET;
THENCE NORTH 42'46'16" EAST A DISTANCE OF 48.10 FEET;
THENCE NORTH 88'44'52" EAST A DISTANCE OF 82.87 FEET;
THENCE SOUTH 86'21'09" EAST A DISTANCE OF 55.75 FEET;
THENCE NORTH 74'53'45" EAST A DISTANCE OF 48.76 FEET;
THENCE NORTH 16'58'43" EAST A DISTANCE OF 71.66 FEET;
THENCE NORTH 03'13'06" WEST A DISTANCE OF 95.03 FEET;
THENCE NORTH 03'28'29" WEST A DISTANCE OF 120.99 FEET;
THENCE NORTH 02'30'35" WEST A DISTANCE OF 110.26 FEET;
THENCE NORTH 04'03'11" WEST A DISTANCE OF 140.38 FEET;
THENCE NORTH 01'55'56" WEST A DISTANCE OF 114.17 FEET;
THENCE NORTH 02'34'31" WEST A DISTANCE OF 116.75 FEET;
THENCE NORTH 01'57'53" WEST A DISTANCE OF 110.50 FEET;
THENCE NORTH 04'01'35" WEST A DISTANCE OF 116.33 FEET;
THENCE NORTH 08'36'36" WEST A DISTANCE OF 79.35 FEET;
THENCE NORTH 10'41'58" WEST A DISTANCE OF 54.87 FEET;
THENCE NORTH 12'03'42" EAST A DISTANCE OF 72.29 FEET;
THENCE NORTH 58'39'31" EAST A DISTANCE OF 43.96 FEET;
THENCE NORTH 75'57'50" EAST A DISTANCE OF 43.12 FEET;
THENCE NORTH 72'18'03" EAST A DISTANCE OF 56.45 FEET;
THENCE NORTH 03'41'33" EAST A DISTANCE OF 36.95 FEET;
THENCE NORTH 04'28'00" WEST A DISTANCE OF 47.30 FEET;
THENCE NORTH 13'04'57" WEST A DISTANCE OF 154.64 FEET;
THENCE NORTH 11'28'17" WEST A DISTANCE OF 136.18 FEET;
THENCE NORTH 12'43'48" WEST A DISTANCE OF 107.31 FEET;
THENCE NORTH 06'43'04" WEST A DISTANCE OF 53.72 FEET;
THENCE NORTH 09'27'22" WEST A DISTANCE OF 46.44 FEET;
THENCE NORTH 11'05'09" WEST A DISTANCE OF 84.07 FEET;
THENCE NORTH 11'07'38" WEST A DISTANCE OF 129.37 FEET;
THENCE NORTH 12'11'16" WEST A DISTANCE OF 77.64 FEET;
THENCE NORTH 12'09'04"WEST A DISTANCE OF 131.76 FEET;
THENCE NORTH 10'43'05" WEST A DISTANCE OF 79.28 FEET;
THENCE NORTH 21'31'20"WEST A DISTANCE OF 33.57 FEET;
THENCE NORTH 37'06'49" WEST A DISTANCE OF 54.71 FEET;
THENCE NORTH 55'23'29" WEST A DISTANCE OF 96.58 FEET;
THENCE NORTH 24'36'32" WEST A DISTANCE OF 40.10 FEET;
THENCE NORTH 18'38'31" WEST A DISTANCE OF 81.42 FEET;
THENCE NORTH 04'17'18" WEST A DISTANCE OF 97.52 FEET;
THENCE NORTH 13'41'28" WEST A DISTANCE OF 110.16 FEET;
THENCE NORTH 13'28'02" WEST A DISTANCE OF 108.19 FEET;
THENCE NORTH 09'35'14" WEST A DISTANCE OF 124,18 FEET;
THENCE NORTH 09'44'36" WEST A DISTANCE OF 150.36 FEET;
THENCE NORTH 10'29'08" WEST A DISTANCE OF 149.07 FEET;
THENCE NORTH 09'52'21" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 41'10'44" EAST A DISTANCE OF 66.04 FEET;
THENCE NORTH 32'04'51" WEST A DISTANCE OF 77.59 FEET;
THENCE NORTH 58'19'45" WEST A DISTANCE OF 49.13 FEET;
THENCE NORTH 46'46'22" WEST A DISTANCE OF 218.48 FEET;
THENCE NORTH 44"25'40" WEST A DISTANCE OF 237.38 FEET;
THENCE NORTH 44'29'13" WEST A DISTANCE OF 209.27 FEET;
THENCE NORTH 45'04'50" WEST A DISTANCE OF 125.44 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID SECTION 35 SAID INTERSECTION BEING 433.01
FEET WESTERLY FROM THE NORTH QUARTER CORNER OF SAID SECTION 35;
THENCE NORTH 42'14'08" WEST A DISTANCE OF 114.47 FEET;
THENCE NORTH 38'40'42" WEST A DISTANCE OF 42.40 FEET;
THENCE NORTH 09'38'46" WEST A DISTANCE OF 64.45 FEET;
SHEET 13 OF 16
Li<l-,i.br"\ -3
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16AIl
THENCE NORTH 26'16'34" EAST A DISTANCE OF 73.08 FEET;
THENCE NORTH 26'31'40" WEST A DISTANCE OF 21.68 FEET;
THENCE NORTH 42'41'04" WEST A DISTANCE OF 20.65 FEET;
THENCE NORTH 33'30'00" WEST A DISTANCE OF 43.02 FEET;
THENCE NORTH 03'20'03" EAST A DISTANCE OF 89.63 FEET;
THENCE NORTH 02'25'41" EAST A DISTANCE OF 118.59 FEET;
THENCE NORTH 05'32'44" EAST A DISTANCE OF 134,16 FEET;
THENCE NORTH 11'10'01" EAST A DISTANCE OF 113.24 FEET;
THENCE NORTH 02'20'28" EAST A DISTANCE OF 52,91 FEET;
THENCE NORTH 61'14'08" WEST A DISTANCE OF 58.51 FEET;
THENCE NORTH 70'20'56" WEST A DISTANCE OF 34.22 FEET;
THENCE NORTH 88'29'34" WEST A DISTANCE OF 59.39 FEET;
THENCE NORTH 78'14'21" WEST A DISTANCE OF 54.52 FEET;
THENCE NORTH 57'44'47" WEST A DISTANCE OF 45.26 FEET;
THENCE NORTH 28'20'42" WEST A DISTANCE OF 34.15 FEET;
THENCE NORTH 11'55'35" WEST A DISTANCE OF 51.05 FEET;
THENCE NORTH 02'45'26" EAST A DISTANCE OF 64.53 FEET;
THENCE NORTH 17'22'10" EAST A DISTANCE OF 101.30 FEET;
THENCE NORTH 10'24'33" EAST A DISTANCE OF 51.43 FEET;
THENCE NORTH 03'30'18" EAST A DISTANCE OF 31.45 FEET;
THENCE NORTH 05'41'28" WEST A DISTANCE OF 35.78 FEET;
THENCE NORTH 09'41'06- WEST A DISTANCE OF 44.07 FEET;
THENCE SOUTH 63'50'25" WEST A DISTANCE OF 2,84 FEET;
THENCE NORTH 31'35'08" WEST A DISTANCE OF 134.31 FEET;
THENCE NORTH 09'16'02" WEST A DISTANCE OF 79.30 FEET;
THENCE NORTH 08'38'51" EAST A DISTANCE OF 51.26 FEET;
THENCE NORTH 12'49'36" WEST A DISTANCE OF 36.30 FEET;
THENCE NORTH 45'13'53" WEST A DISTANCE OF 43.42 FEET;
THENCE NORTH 79'00'40" WEST A DISTANCE OF 47.16 FEET;
THENCE SOUTH 86'10'48" WEST A DISTANCE OF 102.27 FEET;
THENCE SOUTH 86'12'06" WEST A DISTANCE OF 120.45 FEET;
THENCE SOUTH 85'27'06" WEST A DISTANCE OF 94.71 FEET;
THENCE SOUTH 87'14'38" WEST A DISTANCE OF 94.89 FEET;
THENCE NORTH 87'01'19" WEST A DISTANCE OF 44.02 FEET;
THENCE NORTH 49'57'52" WEST A DISTANCE OF 28.85 FEET;
THENCE NORTH 09'10'12" EAST A DISTANCE OF 26.57 FEET;
THENCE NORTH 39'47'32" WEST A DISTANCE OF 37.24 FEET;
THENCE NORTH 59'20'26" WEST A DISTANCE OF 49.97 FEET;
THENCE SOUTH 86'25'55" WEST A DISTANCE OF 22.49 FEET;
THENCE NORTH 45'11'48" WEST A DISTANCE OF 32.60 FEET;
THENCE NORTH 04'41'46" WEST A DISTANCE OF 25.03 FEET;
THENCE NORTH 09'12'04" EAST A DISTANCE OF 85.29 FEET;
THENCE NORTH 08'19'57" EAST A DISTANCE OF 112.67 FEET;
THENCE NORTH 06"53'33" EAST A DISTANCE OF 84.63 FEET;
THENCE NORTH 07"32'09" EAST A DISTANCE OF 95.88 FEET;
THENCE NORTH 07'11'59" EAST A DISTANCE OF 94.38 FEET;
THENCE NORTH 07'33'54" EAST A DISTANCE OF 83.75 FEET;
THENCE NORTH 08'31'36" EAST A DISTANCE OF 108.58 FEET;
THENCE NORTH 07'03'34" EAST A DISTANCE OF 100.31 FEET;
THENCE NORTH 02'25'47" EAST A DISTANCE OF 73.69 FEET;
THENCE NORTH 12"30'33" EAST A DISTANCE OF 38.63 FEET;
THENCE NORTH 11'10'33" EAST A DISTANCE OF 57.61 FEET;
THENCE NORTH 06'00'17" EAST A DISTANCE OF 76.12 FEET;
THENCE NORTH 08'48'34" EAST A DISTANCE OF 87.70 FEET;
THENCE NORTH 06'59'40" EAST A DISTANCE OF 77.02 FEET;
THENCE NORTH 10'22'09" EAST A DISTANCE OF 86.15 FEET;
SHEET 14 OF 16
E>hlblt-3
....._...,.....[".1," C I
16Al1
THENCE NORTH 07'27'54" EAST A DISTANCE OF 122.02 FEET;
THENCE NORTH 10'02'32" EAST A DISTANCE OF 94.76 FEET;
THENCE NORTH 07'56'26" EAST A DISTANCE OF 73.09 FEET;
THENCE NORTH 10'28'58" EAST A DISTANCE OF 112,53 FEET;
THENCE NORTH 08'12'50" EAST A DISTANCE OF 120.55 FEET;
THENCE NORTH 07'27'40" EAST A DISTANCE OF 77.04 FEET;
THENCE NORTH 06'51'33" EAST A DISTANCE OF 105.40 FEET;
THENCE NORTH 07'52'16" EAST A DISTANCE OF 70,03 FEET;
THENCE NORTH 06'33'01" EAST A DISTANCE OF 112.34 FEET;
THENCE NORTH 09'16'45" EAST A DISTANCE OF 81.54 FEET;
THENCE NORTH 07'44'58" EAST A DISTANCE OF 90.43 FEET;
THENCE NORTH 08'04'55" EAST A DISTANCE OF 85.71 FEET;
THENCE NORTH 08'03'59" EAST A DISTANCE OF 67.20 FEET;
THENCE NORTH 08'34'02" EAST A DISTANCE OF 64.45 FEET;
THENCE NORTH 08'14'23" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 00'44'57" WEST A DISTANCE OF 53,71 FEET;
THENCE NORTH 26'33'55" WEST A DISTANCE OF 23.71 FEET;
THENCE NORTH 41'02'44" WEST A DISTANCE OF 45.32 FEET;
THENCE SOUTH 80'02'33" WEST A DISTANCE OF 15.41 FEET;
THENCE NORTH 87'01'01" WEST A DISTANCE OF 120.29 FEET;
THENCE NORTH 86'34'24" WEST A DISTANCE OF 110,60 FEET;
THENCE NORTH 88'13'36" WEST A DISTANCE OF 130.03 FEET;
THENCE NORTH 82'12'28" WEST A DISTANCE OF 94.66 FEET;
THENCE NORTH 86'11'22" WEST A DISTANCE OF 107.67 FEET;
THENCE SOUTH 70'52'00" WEST A DISTANCE OF 35.97 FEET;
THENCE SOUTH 42'32'30" WEST A DISTANCE OF 50,71 FEET;
THENCE SOUTH 58'33'30" WEST A DISTANCE OF 41.31 FEET;
THENCE NORTH 79'29'14" WEST A DISTANCE OF 80.73 FEET;
THENCE NORTH 54'54'27" WEST A DISTANCE OF 98.11 FEET;
THENCE NORTH 71'06'26" WEST A DISTANCE OF 40,16 FEET;
THENCE NORTH 82'42'22" WEST A DISTANCE OF 4.00 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY AND WHOSE
RADIUS POINT BEARS NORTH 73'14'22" WEST A DISTANCE OF 1,575.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 16'27'52" AN ARC DISTANCE OF 452.59 FEET;
THENCE NORTH 00'17'46" EAST A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH A LINE 150 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF
SAID SECTION 26;
THENCE SOUTH 89'42'14" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 1,966,57
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A
DISTANCE OF 2,661.45 FEET TO AN INTERSECTION WITH A LINE 150 FEET SOUTHERLY
FROM AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 25;
THENCE ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A DISTANCE OF 2,696.26
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A
DISTANCE OF 997.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 12'37'36" EAST A DISTANCE OF 157,85
FEET;
THENCE SOUTH 88'54'39" EAST A DISTANCE OF 81.69 FEET;
THENCE NORTH 88'10'41" EAST A DISTANCE OF 55.03 FEET;
THENCE SOUTH 77'41'09" EAST A DISTANCE OF 32.85 FEET;
THENCE SOUTH 02'07'20" EAST A DISTANCE OF 190,09 FEET;
THENCE SOUTH 12'10'55" EAST A DISTANCE OF 32.46 FEET;
THENCE NORTH 58'07'26" EAST A DISTANCE OF 72.74 FEET;
THENCE NORTH 63'04'41" EAST A DISTANCE OF 92.55 FEET;
SHEET 15 OF 16
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THENCE NORTH 79'33'44" EAST A DISTANCE OF 61.01 FEET;
THENCE NORTH 86'24'10" EAST A DISTANCE OF 51.70 FEET;
THENCE NORTH 80'37'56" EAST A DISTANCE OF 52.43 FEET;
THENCE SOUTH 88"21'44" EAST A DISTANCE OF 39.72 FEET;
THENCE SOUTH 38'56'12" EAST A DISTANCE OF 139.44 FEET;
THENCE SOUTH 34'49'11" EAST A DISTANCE OF 87.30 FEET;
THENCE SOUTH 52'38'56" EAST A DISTANCE OF 102.14 FEET;
THENCE SOUTH 85'31'26" EAST A DISTANCE OF 48,72 FEET;
THENCE SOUTH 82'08'00" EAST A DISTANCE OF 48.16 FEET;
THENCE NORTH 78'35'31" EAST A DISTANCE OF SO.31 FEET;
THENCE SOUTH 85'32'14" EAST A DISTANCE OF 74.36 FEET;
THENCE SOUTH 40'52'50" EAST A DISTANCE OF 101.87 FEET;
THENCE SOUTH 34'42'50" EAST A DISTANCE OF 67.20 FEET;
THENCE SOUTH 24"38'48" EAST A DISTANCE OF 27.97 FEET;
THENCE SOUTH 24'04'21" WEST A DISTANCE OF 40.68 FEET;
THENCE SOUTH 22'55'30" WEST A DISTANCE OF 27.70 FEET;
THENCE SOUTH 29'55'01" WEST A DISTANCE OF 42.25 FEET;
THENCE SOUTH 62'45'43" WEST A DISTANCE OF 31.78 FEET;
THENCE SOUTH 73'27'42" WEST A DISTANCE OF 39.10 FEET;
THENCE SOUTH 19'26'45" EAST A DISTANCE OF 307,63 FEET;
THENCE SOUTH 07'48'10" EAST A DISTANCE OF 309.69 FEET;
THENCE SOUTH 11'25'47" WEST A DISTANCE OF 195.01 FEET;
THENCE SOUTH 01'49'00" WEST A DISTANCE OF 136.34 FEET;
THENCE SOUTH 08'35'14" EAST A DISTANCE OF 247.28 FEET;
THENCE NORTH 83'31'42" EAST A DISTANCE OF 138,31 FEET;
THENCE NORTH 79'24'46" EAST A DISTANCE OF 267.94 FEET;
THENCE SOUTH 84'57'16" EAST A DISTANCE OF 141.81 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID SECTION 25;
THENCE SOUTH 00'10'45" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 507.20
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00'13'04" EAST A
DISTANCE OF 2,580.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 2,655.46 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
GEORGE W. HACKNEY P.S,M. 5606
1 0065.AG 1.RTF
REF, ABB DWG #10065-AG1
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LEGAL DESCRIPTION OF AG-1 (CAMP KEAIS STRAND)
A PARCEL OF LAND LYING IN SECTIONS 23, 24, 25, 26, 35 AND 36, TOWNSHIP 48
SOUTH, RANGE 28 EAST, COLLIER COUN'TY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 503998.04 N. 696342.69, AS
MEASURED ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 88'48'12" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 36 A
DISTANCE OF 2,649.56 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 36;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89'21'28" WEST A
DISTANCE OF 2,653,09 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 57'39'35" WEST A DISTANCE OF
2,712.87 FEET;
THENCE NORTH 05'18'14" EAST A DISTANCE OF 836.62 FEET;
THENCE NORTH 04'39'23" EAST A DISTANCE OF 580.69 FEET;
THENCE NORTH 05'49'50" EAST A DISTANCE OF 271.78 FEET;
THENCE NORTH 04'20'16" EAST A DISTANCE OF 459,30 FEET;
THENCE NORTH 01'45'42" WEST A DISTANCE OF 193.45 FEET;
THENCE SOUTH 85'05'02" EAST A DISTANCE OF 160.07 FEET;
THENCE NORTH 51'55'46" EAST A DISTANCE OF 39.92 FEET;
THENCE NORTH 42'40'06" EAST A DISTANCE OF 92.10 FEET;
THENCE NORTH 15'27'36" EAST A DISTANCE OF 120.57 FEET;
THENCE NORTH 19'57'18" EAST A DISTANCE OF 116,62 FEET;
THENCE NORTH 11'53'45" WEST A DISTANCE OF 209,57 FEET;
THENCE NORTH 01'34'50" EAST A DISTANCE OF 187,95 FEET;
THENCE NORTH 01'30'27" WEST A DISTANCE OF 462,02 FEET;
THENCE NORTH 22'38'12" WEST A DISTANCE OF 56.27 FEET;
THENCE NORTH 61'25'47" WEST A DISTANCE OF 122,11 FEET;
THENCE NORTH 06'30'13" WEST A DISTANCE OF 53.19 FEET;
THENCE NORTH 13'16'08" EAST A DISTANCE OF 52.98 FEET;
THENCE NORTH 39'21'18" EAST A DISTANCE OF 119.40 FEET;
THENCE NORTH 36'20'47" EAST A DISTANCE OF 105.24 FEET;
THENCE NORTH 04'40'17" EAST A DISTANCE OF 57.99 FEET;
THENCE NORTH 12'46'53" WEST A DISTANCE OF 101.02 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 26 SAID INTERSECTION BEING 839.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 26;
THENCE NORTH 13'15'52" WEST A DISTANCE OF 101,60 FEET;
THENCE NORTH 36"36'20" WEST A DISTANCE OF 89,11 FEET;
THENCE NORTH 29'44'50" WEST A DISTANCE OF 115,20 FEET;
THENCE NORTH 09'09'24" WEST A DISTANCE OF 164.15 FEET;
THENCE NORTH 37'22'16" WEST A DISTANCE OF 191,94 FEET;
THENCE NORTH 01'53'52" EAST A DISTANCE OF 169.01 FEET;
THENCE NORTH 12'21'05" EAST A DISTANCE OF 153.91 FEET;
THENCE NORTH 02'52'28" WEST A DISTANCE OF 79.85 FEET;
THENCE NORTH 04"42'01" WEST A DISTANCE OF 188,14 FEET;
THENCE NORTH 05'18'10" EAST A DISTANCE OF 141,13 FEET;
THENCE NORTH 04'00'14" WEST A DISTANCE OF 53,56 FEET;
THENCE NORTH 18'11'52" WEST A DISTANCE OF 55,60 FEET;
SHEET 7 OF 10
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THENCE NORTH 43'54'56"WEST A DISTANCE OF 66.15 FEET;
THENCE NORTH 26'18'31" EAST A DISTANCE OF 60.32 FEET;
THENCE NORTH 20'35'07" EAST A DISTANCE OF 32.29 FEET;
THENCE NORTH 08'55'04" EAST A DISTANCE OF 24.62 FEET;
THENCE NORTH 20'58'50" EAST A DISTANCE OF 68.27 FEET;
THENCE NORTH 23'08'23" EAST A DISTANCE OF 126.47 FEET;
THENCE NORTH 20'39'14" EAST A DISTANCE OF 146.49 FEET;
THENCE NORTH 23'06'08" EAST A DISTANCE OF 163.41 FEET;
THENCE NORTH 22'46'34" EAST A DISTANCE OF 139,86 FEET;
THENCE NORTH 21'33'29" EAST A DISTANCE OF 127.20 FEET;
THENCE NORTH 24'45'08" EAST A DISTANCE OF 219.78 FEET;
THENCE NORTH 40'14'35" EAST A DISTANCE OF 81.92 FEET;
THENCE NORTH 41'31'07" EAST A DISTANCE OF 107.63 FEET;
THENCE NORTH 39'12'40" EAST A DISTANCE OF 196.84 FEET;
THENCE NORTH 38'51'54" EAST A DISTANCE OF 227.34 FEET;
THENCE NORTH 34'20'53" EAST A DISTANCE OF 162.48 FEET;
THENCE NORTH 25'18'21" EAST A DISTANCE OF 162.93 FEET;
THENCE NORTH 19'40'31" EAST A DISTANCE OF 170.27 FEET;
THENCE NORTH 18'50'26" EAST A DISTANCE OF 182.59 FEET;
THENCE NORTH 09'15'59" EAST A DISTANCE OF 164.06 FEET;
THENCE NORTH 06'54'51" EAST A DISTANCE OF 97.18 FEET;
THENCE NORTH 04'29'23" EAST A DISTANCE OF 41.55 FEET;
THENCE NORTH 01'27'29" EAST A DISTANCE OF 125.88 FEET;
THENCE NORTH 04'56'45" WEST A DISTANCE OF 136.22 FEET;
THENCE NORTH 05'43'21" WEST A DISTANCE OF 134.08 FEET;
THENCE NORTH 06'35'55" WEST A DISTANCE OF 167.68 FEET;
THENCE NORTH 06'09'39" WEST A DISTANCE OF 150.20 FEET;
THENCE NORTH 06'27'54" WEST A DISTANCE OF 194.09 FEET;
THENCE NORTH 04'45'41" WEST A DISTANCE OF 119.06 FEET;
THENCE NORTH 07'58'21" WEST A DISTANCE OF 103.11 FEET;
THENCE NORTH 04'18'44" WEST A DISTANCE OF 116.13 FEET;
THENCE NORTH 11'40'05"WEST A DISTANCE OF 181.99 FEET;
THENCE NORTH 39'52'26" WEST A DISTANCE OF 62.40 FEET;
THENCE NORTH 62'05'18" WEST A DISTANCE OF 102.75 FEET;
THENCE NORTH 69'12'33" WEST A DISTANCE OF 96.04 FEET;
THENCE NORTH 66'23'57" WEST A DISTANCE OF 134.99 FEET;
THENCE NORTH 69'31'46" WEST A DISTANCE OF 98.07 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF SAID SECTION 23 SAID INTERSECTION BEING 1055.01
FEET EASTERLY FROM THE SOUTH QUARTER CORNER OF SAID SECTION 23;
THENCE NORTH 50'04'58" WEST A DISTANCE OF 109.18 FEET;
THENCE NORTH 40'57'42" WEST A DISTANCE OF 84,31 FEET;
THENCE NORTH 24"20'07" WEST A DISTANCE OF 80.53 FEET;
THENCE NORTH 23'48'52" WEST A DISTANCE OF 83.55 FEET;
THENCE NORTH 33'54'40" WEST A DISTANCE OF 95.19 FEET;
THENCE NORTH 15"28'34" WEST A DISTANCE OF 98.67 FEET;
THENCE NORTH 08'29'42" WEST A DISTANCE OF 133.29 FEET;
THENCE NORTH 15'57'41" WEST A DISTANCE OF 87.05 FEET;
THENCE NORTH 13'26'04" WEST A DISTANCE OF 132.70 FEET;
THENCE NORTH 16'50'23" WEST A DISTANCE OF 102.82 FEET;
THENCE NORTH 12'00'07" WEST A DISTANCE OF 137.19 FEET;
THENCE NORTH 05'51'20" WEST A DISTANCE OF 79.57 FEET;
THENCE NORTH 05'34'56" WEST A DISTANCE OF 146.86 FEET;
THENCE NORTH 01'49'23" WEST A DISTANCE OF 49.22 FEET;
THENCE NORTH 12'30'05" EAST A DISTANCE OF 51.18 FEET;
THENCE NORTH 21'40'04" EAST A DISTANCE OF 94.48 FEET;
THENCE NORTH 25"07'46" EAST A DISTANCE OF 112.36 FEET;
SHEET 8 OF 10
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THENCE NORTH 25'47'38" EAST A DISTANCE OF 66,83 FEET;
THENCE NORTH 20'27'50" EAST A DISTANCE OF 100,27 FEET;
THENCE NORTH 28'18'26" EAST A DISTANCE OF 87.91 FEET;
THENCE NORTH 72'22'33" EAST A DISTANCE OF 229.62 FEET;
THENCE NORTH 81'13'06" EAST A DISTANCE OF 87.23 FEET;
THENCE NORTH 76'16'58" EAST A DISTANCE OF 125.96 FEET;
THENCE NORTH 49'38'24" EAST A DISTANCE OF 57.87 FEET;
THENCE NORTH 05'49'49" WEST A DISTANCE OF 103.32 FEET;
THENCE NORTH 13'59'34" WEST A DISTANCE OF 62.17 FEET;
THENCE NORTH 07'54'22" WEST A DISTANCE OF 107.99 FEET;
THENCE NORTH 13'06'47" WEST A DISTANCE OF 69.50 FEET;
THENCE NORTH 10'11'08" WEST A DISTANCE OF 138.34 FEET;
THENCE NORTH 12'51'24" WEST A DISTANCE OF 62.47 FEET;
THENCE NORTH 09'27'39" WEST A DISTANCE OF 88.99 FEET;
THENCE NORTH 09'55'20" WEST A DISTANCE OF 65.09 FEET;
THENCE NORTH 12'02'18" WEST A DISTANCE OF 110.05 FEET;
THENCE NORTH 06'05'00" WEST A DISTANCE OF 39.47 FEET;
THENCE NORTH 10'41'56" EAST A DISTANCE OF 56.71 FEET;
THENCE NORTH 54'56'27" EAST A DISTANCE OF 109.81 FEET;
THENCE NORTH 61'26'14" EAST A DISTANCE OF 90.22 FEET;
THENCE NORTH 57'14'49" EAST A DISTANCE OF 85.00 FEET;
THENCE NORTH 59'06'08" EAST A DISTANCE OF 118.93 FEET;
THENCE NORTH 61'08'47" EAST A DISTANCE OF 68.40 FEET;
THENCE NORTH 61'03'12" EAST A DISTANCE OF 121.80 FEET;
THENCE NORTH 57'31'08" EAST A DISTANCE OF 72.57 FEET;
THENCE NORTH 61'16'47" EAST A DISTANCE OF 55.84 FEET;
THENCE NORTH 26'34'41" WEST A DISTANCE OF 68.57 FEET;
THENCE NORTH 25'06'55" WEST A DISTANCE OF 93.27 FEET;
THENCE NORTH 18'31'00" WEST A DISTANCE OF 99.13 FEET;
THENCE NORTH 21'39'41" WEST A DISTANCE OF 82.80 FEET;
THENCE NORTH 15'57'41" WEST A DISTANCE OF 65.82 FEET;
THENCE NORTH 10'03'49" WEST A DISTANCE OF 86.61 FEET;
THENCE NORTH 03'48'57" WEST A DISTANCE OF 71,60 FEET;
THENCE NORTH 00'50'08" WEST A DISTANCE OF 66.81 FEET;
THENCE NORTH 02'01'15" EAST A DISTANCE OF 78.59 FEET;
THENCE NORTH 02'37'36" EAST A DISTANCE OF 56.04 FEET;
THENCE NORTH 06'01'07" EAST A DISTANCE OF 96.99 FEET;
THENCE NORTH 07'10'05" EAST A DISTANCE OF 78.37 FEET;
THENCE NORTH 11'01'52" EAST A DISTANCE OF 70.22 FEET;
THENCE NORTH 15'13'34" EAST A DISTANCE OF 134,63 FEET;
THENCE NORTH 28'06'49" EAST A DISTANCE OF 285.38 FEET;
THENCE NORTH 33'19'49" EAST A DISTANCE OF 28.19 FEET;
THENCE NORTH 17'54'50" EAST A DISTANCE OF 34.34 FEET;
THENCE NORTH 14'52'14" EAST A DISTANCE OF 67.48 FEET;
THENCE NORTH 27'45'10" EAST A DISTANCE OF 75.34 FEET;
THENCE NORTH 23'00'06" EAST A DISTANCE OF 62,30 FEET;
THENCE NORTH 23'41'39" EAST A DISTANCE OF 97.76 FEET;
THENCE NORTH 20'25'55" EAST A DISTANCE OF 81,84 FEET;
THENCE NORTH 19'57'25" EAST A DISTANCE OF 94.22 FEET;
THENCE NORTH 19'41'57" EAST A DISTANCE OF 62.56 FEET;
THENCE NORTH 20'16'19" EAST A DISTANCE OF 85.89 FEET;
THENCE NORTH 33'00'15" EAST A DISTANCE OF 55.51 FEET;
THENCE NORTH 46'31'17" EAST A DISTANCE OF 42.87 FEET;
THENCE NORTH 53"54'57" EAST A DISTANCE OF 32.94 FEET;
THENCE NORTH 12'23'19" EAST A DISTANCE OF 173.40 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE
SHEET 9 OF 10
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RADIUS POINT BEARS SOUTH 06'19'16" EAST A DISTANCE OF 2,910.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 01'31'15" AN ARC DISTANCE OF 77.24 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OIL WELL ROAD (C.R. 858);
THENCE NORTH 89'44'59" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 393.70 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID
SECTION 24;
THENCE CONTINUING ALONG SAID LINE NORTH 89'44'03" EAST A DISTANCE OF
2,683.75 FEET;
THENCE CONTINUING ALONG SAID LINE NORTH 89'44'56" EAST A DISTANCE OF
2,676.12 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID SECTION 24;
THENCE LEAVING SAID LINE SOUTH 00'35'36" WEST A DISTANCE OF 2,544,30 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 24;
THENCE SOUTH 00'11'38" EAST A DISTANCE OF 2,676.34 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 24;
THENCE SOUTH 00'11'37" WEST ALONG THE EAST LINE OF THE AFORESAID SECTION
25 A DISTANCE OF 5,996.58 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25;
THENCE SOUTH 00'32'35" WEST A DISTANCE OF 2,594.70 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 36;
THENCE SOUTH 00'07'35" EAST A DISTANCE OF 2,599.90 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 36 AND THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 2,603.52 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
GEORGE W, HACKNEY P.S.M. 5606
10066-AG1.RTF
REF. ABB DWG #1 0066-AG 1
SHEET 10 OF 10
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_/) I____~~
16
ESCROW AGREEMENT
This ESCROW AGREEMENT is made as of the fq(h day of NfNrn,1 ~.(, 2008 by and
between Collier County, a political subdivision of the ~of Florida ("County"), Collier Land
Holdings Limited, a Florida limited partnership ("CLH"), CDC Land Investments, LLC, a Florida
Limited Liability Company ("CDC") and GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH &
KOESTER, P.A., (the "Escrow Agent").
RECITALS
WHEREAS, CLH and CDC are the owners of approximately five thousand two hundred and
fifty nine (5,259.0) acres of land within the boundaries of the Rural Lands Stewardship Area Zoning
Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject of a
Stewardship Sending Area Application 2007-AR-12768 ("SSA Designation Application") filed by
Owner with Collier County, Florida; and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to CLH and
CDC, has submitted applications to Collier County, South Florida Water Management District and
the United States Department of Army, Corps of Engineers for authorization to develop the Town of
Big Cypress located within the RLSA District consistent with the provisions of Sections 4,08,06 and
4.08,07 of the Collier County land Development Code;
WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be
developed consistent with the provisions of Section 4.08,07 of the Collier County Land Development
Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant
to Section 4.08.07 of the Collier County Land Development Code;
WHEREAS, in order to develop the Town of Big Cypress in accordance with Section
4.08,07, CEMI is required under Section 4.08,07 to exchange Stewardship Credits granted under
Section 4.08,06 for the additional residential or non-resldential entitlements necessary to develop
the Town as a SRA;
WHEREAS, the Owner submitted a SSA Designation Application requesting that the five
thousand two hundred and fifty nine (5,259,0) acre parcel (hereinafter referred to as "CLH and CDC
SSA 15") be designated as a Stewardship Sending Area in accordance with and pursuant to Section
4.08,06 of the Collier County Land Development Code, and to establish Stewardship Credits that
would be available for CEMI to develop the Town of Big Cypress SRA; and
WHEREAS, Collier County reviewed SSA Designation Application, determined that the
application was legally sufficient and would generate 7,261.8 Stewardship Credits under the
proviSions of Section 4.08.06; and
WHEREAS, the County, CLH, CDC and CEMI acknowledge and agree that the issuance of
final, non-appealable governmental authorizations, including County approvals, necessary to
develop the Town of Big Cypress SRA consistent with the provisions of Section 4,08.07 will be
issued subsequent to the County approval of CLH and CDC SSA 15 and the Town of Big Cypress
SRA; and
WHEREAS, the County, CLH and CDC agree that CLH and CDC SSA 15 is approved and
generates 7,261.8 Stewardship Credits subject to the terms and conditions of this Escrow
Agreement; and
SSA 15 Escrow Agreement 10-1S-0a.Doc
Escrow A9reement - Page 1 of 5
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WHEREAS, CLH and CDC agree to interim land use limitations on CLH and CDC SSA 15 as
set forth in this Escrow Agreement until the Stewardship Sending Area Credit Agreement and
Stewardship Easement Agreement are recorded or terminated pursuant to the terms of this Escrow
Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows;
1, Recitals: The above recitals are true and correct and incorporated herein by reference,
2. Tender of Documents; CLH, CDC and County shall execute and deliver to the Escrow
Agent the Stewardship Sending Area Credit Agreement - CLH and CDC SSA 15 Credit
Agreement and Stewardship Easement Agreement CLH and CDC SSA 15 ("Documents"),
3, The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County upon presentment of the following by CLH and CDC;
a, An approved SRA for the Town of Big Cypress which requires the exchange of
Stewardship Credits from CLH and CDC SSA 15 for the additional residential and
non-residential entitlements; and
b. All necessary final and non-appealable local, state, and federal permits other than a
plat, site development plan, or building permit, necessary to construct the Town of
Big Cypress consistent with the provisions of Section 4.08.07 of the Collier County
Land Development Code; and
In the event the approvals referenced above in this Section 3 are not delivered to the Escrow
Agent on or before November 18, 2013, this Escrow Agreement shall terminate and the
original Documents shall be retumed to CLH and CDC. If a challenge and/or appeal of a
necessary development order, permit or other discretionary approval is filed, CLH and CDC
and County may elect to extend the Escrow Agreement by written agreement until the
challenge or appeal is finally resolved, If the challenge or appeal is not resolved such that
the construction may commence under terms acceptable to CLH and CDC, CLH and CDC
may within 180 days of the final disposition of the challenge or appeal terminate this Escrow
Agreement.
4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations
and negative covenants contained in the Documents shall be null and void without further
action from the parties hereto, the land shall revert to its underlying zoning classification prior
to the effective date of the Documents, and the Town of Big Cypress SRA shall be
terminated. If requested by CLH and CDC, Collier County shall provide a written release
and termination of this Agreement and the Documents for recording in the public records
within fifteen (15) days of the request from CLH and CDC, Collier County shall update the
overlay map to reflect the termination of CLH and CDC SSA 15 or any SRA,
5. Interim Land Use Limitations. CLH and CDC agrees to the elimination of land use layers
and the land management measures set forth in the Documents during the term of this
Escrow Agreement. Within 30 days of approval of the Stewardship Sending Area Credit
Agreement, CLH and CDC shall record in the public records of Collier County a notice of
SSA 15 Escrow Agreement 10-15-0B.Doc
Escrow Agreement - Page 2 of 5
('/.~ ,1" fLJ
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16All
these interim land use restrictions in a form acceptable to the County,
6, Escrow Aaent Obliaations and Indemnitv; The County, CLH and COC shall hold the Escrow
Agent harmless of and from the release or failure to release the documents by the Escrow
Agent for any reason whatsoever as a result of this Escrow Agreement, except for as a
result of the willful misconduct or gross negligence of the Escrow Agent. The Escrow Agent
is authorized to rely on any document believed by the Escrow Agent to be authentic in
making delivery of documents hereunder.
7. Amendment: This Escrow Agreement may not be modified, amended or altered in anyway
except by an amendment signed by the County, CLH and COC and acknowledged by the
Escrow Agent.
8, Governina Law; This Escrow Agreement and all matters pertaining hereto shall be governed
by and construed in accordance with the laws of the State of Florida.
9. Attorneys' Fees: In connection with any litigation concerning this Escrow Agreement, the
prevailing party shall be entitled to recover reasonable attorneys- fees, paralegal fees and
costs, including such that may be incurred at the appellate level.
10. Reoresentation; The County acknowledges and agree that GOOOLETTE, COLEMAN,
JOHNSON, YOVANOVICH & KOESTER, P.A. represents CLH and COC and may continue
to do so while serving as Escrow Agent and notwithstanding any present or future dispute
arising under this Agreement. The parties do not object to such services by GOOOLETTE,
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA as Escrow Agent and such
representation of CLH and COC by GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH
& KOESTER, PA in this and other matters, and agree that such service and such
representation does not adversely affect the independent professional judgment of
GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA on behalf of any
such party or the ability of GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH &
KOESTER, PA to adequately represent the interest of any such party.
11, Bindina Aareement: This Escrow Agreement shall bind all successors and shall inure to the
benefit of heirs, executors, administrators or other successors in interest of the parties
hereto.
12, Interoleader: Notwithstanding any other provision herein to the contrary, if there is any
dispute between the County, CLH and COC as to the documents held hereunder, the
Escrow Agent may, in the Escrow Agent's sole discretion, interplead the documents with the
Circuit Court of Collier County be relieved of any further responsibility to the County, CLH
and COC pursuant to this Agreement.
13. Counteroarts and Execution; Executed counter-part copies of the original of this document
shall be treated as if the originals were so executed and shall bind the executing party and
shall have the same force and effect as the original, Execution of this Agreement by
facsimile shall be treated as an original.
SSA 15 Escrow Agreement 10-1S.0B.Doc
Escrow Agreement, Page 3 of 5
<("I-"b.llJ
,_--",-,c,.6
. IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agr!2n~to leI
executed by their duly authorized officers or representatives and their official seals hereto affixed
the day and year first written above,
ATTEST;
".
, '
,COU'Ni'Y~ ERK OF CpuRTS
. ' '. 'O&r/4 ~L.
lit t s tlt$ toCha ...... , .
s~atur. 011'- '
, ,.-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By;
.
airman
APPROVEDAS TO FORM AND
LEGA~FICIENCr @
By; I< ~ ~t- LI[o ",(I"
Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
WITNESS;
COLLIER LAND HOLDINGS, L TD
a Florida Limited Partnership
,--'-
- -'-
-- :-, .... '..,,-~ ~ .?-.-- ;~"""""~""'---'-~"~i/
(Signature)
By:
Collier Enterprises, Inc.
a Florida Corporation,
its Ge ral Partner
.;:~~~,- i.t~~4- C::. i_"'~~l...t"'j
(Print full name)
(Signature)
By:
Printe
Title;
,
...,
(Print full name)
SSA 15 Escrow Agreement 10-1S.08.Doc
Escrow A9reement . Page 4 of 5
O[\(h.b,J 'f
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16All
WITNESS:
CDC Land Investments, LLC
a Florida Limited Liability Company
~'~",y '-"-~"~'-~~-~~~-'- /
,
(Signature)
7.,Q.;:;::'11...';"'3:~. .~~1'"..A
(Printfullna e)./L
;/
L_
( . nature)
K n'd! s'c.1,+", r'7~C-
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Escrow Agreement was executed before me this ~ ~ay of ~,
2008, by ~UtH.l'lll ="LLtt: as 1[1 c.e- Pllt:s.lOE>o\r of GOODLETTE, COLEMAN,
JOHNSON, YOVANOV H. KOESTER, PA l ~
Notary P.lJbli.c1. _~ _ \,J
Name: rV\.l.l.J'\O(. .
Certificate No; -
My Commission expires; _
MIClE.e W. CA8WELl.
MY COMI.ll881ON , co see 118
EXPIRES; JanllllV 14, l!lIll
_lllNNolIly",_
ESCROW AGENT:
GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P,A,
~])~ --~
By: Richard 0, Yovanovich
Its; VrCfJ - Pfesrd"nr
Date; Qrh-lbtll It.. ')1"lOlr'
SSA 15 Escrow Agreement 10-15~08.Doc
Escrow Agreement - Page 5 of 5
t: '11,,6./- 'I
---
0<; ~...
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i),
. .
'0" ~
16A12
To: Clerk to the Board: Please place the following as a:
x Nonnallegal Advertisement
(Display Adv" location, etc,)
o Other:
**********************************************************************************************************
Originating Deptl Div: Comprehensive Planning Dept.
Person: Marcia R, Kendall, Senior Planner Date. 10/27/08
Petition No, (If none, give bnef description): Stewardship Sending Area (SSA) #16
Petitioner: (Name & Address): Mike Rosen, Collier Land Hol"~~, LTD, 3303 Tamiarni Trail, Suite 400, Naples, FL 34103; Stuart
Miller, WilsonMiller, Inc" 3200 Bailey Lane, Suite 200, Naples, FL 34105; Rich Yovanovich, Goodlette, Coleman, Johnson.
Yovanovich and Koester. PA, 4001 Tamiami Trail. Ste, B, Naples, FL 34103
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 X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing,
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & CODURon location & Size: See Attached
Companion petition(s), if any & proposed hearing date: November 18. 2008 Based on advertisement appearing 15 days before
hearing.
Does Petition Fee include advertising cost? X Yes No UYes, what account should be charged for advertising costs:
111-138317-649110-00000
R~"~ (D-2-,(-o;y
Division Adminis ator or DeSIgnee Date
List Attachments: Advertisement Request and Advertisement Display Map
DISTRIBUTION INSTRUCTIONS
A, For bearings beCore BCC or BZA: Initiating person to complete one coy and obtain Division Head approval beCore
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
Cor same, is submitted to County Attorney beCore 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 ONLY:
Date Received:
Date oC Public hearing:
Date Advertised:
16 A 1)
November 18, 2008 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. November 2. 2008,
and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104, The advertisement
must be no less than one-quarter 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 ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
ACCOUNT NUMBER 068778
16A12'
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, November 18, 2008 in the County
Commissioners Boardroom, 3cd Floor, W, Harmon Turner Building (Bldg, F,), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution, The
meeting will commence at 9:00 A.M. The Title of the proposed Resolution is as follows:
RESOLUTION NO, 08-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS DESIGNATING 2,876.2 ACRES IN THE RURAL
LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A
STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CDC
SSA 16"; PURSUANT TO THE TERMS SET FORTH IN THE ESCROW
AGREEMENT FOR CDC SSA 16; STEWARDSHIP SENDING AREA
CREDIT AGREEMENT FOR CDC SSA 16; AND STEWARDSHIP
SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16;
APPROVING A STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR CDC SSA 16; APPROVING A STEWARDSHIP
SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16;
APPROVING AN ESCROW AGREEMENT, AND ESTABLISHING THE
NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE
DESIGNATION OF SAID STEWARDSHIP SENDING AREA
All interested parties are invited to appear and be heard. Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
November 18, 2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Isl Patricia Morgan, Deputy Clerk
(SEAL)
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16A12
Resolution, 2008
A RESOLUTION OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
DESIGNATING 2,876.2 ACRES IN THE RURAL
LAND STEWARDSHIP AREA ZONING OVERLAY
DISTRICT AS A STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "CDC SSA 16";
PURSUANT TO THE TERMS SET FORTH IN THE
ESCROW AGREEMENT FOR CDC SSA 16,
STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR CDC SSA 16; AND
STEWARDSHIP SENDING AREA EASEMENT
AGREEMENT FOR CDC SSA 16; APPROVING A
STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR CDC SSA 16; APPROVING A
STEWARDSHIP SENDING AREA EASEMENT
AGREEMENT FOR CDC SSA 16; APPROVING AN
ESCROW AGREEMENT FOR CDC SSA 16; AND
ESTABLISHING THE NUMBER OF STEWARDSHIP
CREDITS GENERATED BY THE DESIGNATION OF
SAID STEWARDSHIP SENDING AREA.
WHEREAS, CDC Land Investments Inc" a Florida Corporation owns
approximately two thousand eight hundred and seventy six and two tenths
(2,876.2) acres located within the boundaries of the Rural Lands Stewardship
Area Zoning Overlay District ("RLSA" District") located in Collier County, Florida;
and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4,08,06 of the Collier County Land Development Code ("LDC") and
subject to the terms of the Escrow Agreement for CDC SSA 16, Stewardship
Sending Area Credit Agreement for CDC SSA 16 and Stewardship Sending Area
Easement Agreement for CDC SSA 16: and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CDC SSA 16 land; and
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4,08.06 of the LDC,
and determined that the Application is legally sufficient; and
SSA In R~olutinn 10.)5-08
16/
"","
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I
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement for CDC SSA 16, Stewardship Sending
Area Credit Agreement for CDC SSA 16 and Stewardship Sending Area
Easement Agreement for CDC SSA 16 are in compliance with, and meet the
requirements of the LDC, and provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
CDC SSA 16, as described in attached Exhibit 1, consisting of
two thousand eight hundred and seventy six and two tenths
(2,876.2) acres is hereby designated as a Stewardship
Sending Area ("SSA"), and will be officially designated as
"CDC SSA 16" on the Official Zoning Atlas Map pursuant to the
Escrow Agreement for CDC SSA 16, Stewardship Sending Area
Credit Agreement for CDC SSA 16, and Stewardship Sending
Area Easement Agreement for CDC SSA 16.
2.
The Stewardship Credit Agreement for CDC SSA 16, attached
hereto as Exhibit 2, meets the requirements of Section 4.08.06
of the LDC, and the Board hereby approves the Stewardship
Credit Agreement for CDC SSA 16.
3.
The Stewardship Easement Agreement for CDC SSA 16,
attached hereto as Exhibit 3, meets the requirements of
Section 4.08.06 of the LDC and the Board hereby
approves the Stewardship Easement Agreement for CDC SSA
16.
4.
The Escrow Agreement for CDC SSA 16, attached hereto as
Exhibit 4, is hereby approved by the Board which, provides for
the delay of the recordation of the Stewardship Sending Area
Agreement for CDC SSA 16, the Stewardship Sending Area
Credit Agreement for CDC SSA 16 and the Stewardship
Easement Agreement until such time as the proposed Town of
Big Cypress SRA has received the necessary final and non-
appealable local, state and federal permits, other than a plat, site
development plan or building permit, necessary to construct the
Town of Big Cypress consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code.
5.
The Board hereby establishes, grants and assigns four
thousand four hundred and eighty five and nine tenths
(4,485.9) Stewardship Credits to the Owner, which may be sold,
transferred, or otherwise utilized by the Owner in accordance
with Section 4.08.04 of the LDC, and the Escrow Agreement
SSA 16 Rcs(llution 10-15-08
16A12
6.
for CDC SSA 16, Stewardship Sending Area Credit Agreement
for CDC SSA 16, and Stewardship Sending Area Easement
Agreement for CDC SSA 16.
The Board further approves and authorizes the acceptance of
the Stewardship Easement Agreement for the CDC SSA 16
lands.
By its designation of the lands described in Exhibit 1
as a Stewardship Sending Area, the County shall not hereafter
grant or approve any increase in the density or additional
uses beyond those uses specifically authorized in the CDC SSA
16 Stewardship Credit Agreement.
7.
THIS RESOLUTION ADOPTED this day of
2008, after a Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E. BROCK
, Deputy Clerk
By:
Tom Henning, Chairman
Approved as to form and
Legal sufficiency:
By Heidi Ashton-Cicko, Assistant County Attomey
Land Use Section, Chief
S$A ]h Resolution 10-15.08
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
16A12
To: Clerk to the Board: Please place the followlna: as a:
x Nonnallegal Advertisement
(Display Adv" location, etc,)
o Other:
*********..*********.***********************************..************************************************
Originating Deptl Div: Comprehensive Planning Dept.
Person: Marcia R Kendall, Senior Planner Date: 10/27/08
Petition No, (If none, give brief description): Stewardship Sendlna: Area (SSA) #16
Petitioner: (Name & Address): Mike Rosen, Collier Land Holdigns, LTD, 3303 Tamiami Trail, Suite 400, Naples, FL 34103; Stuart
Miller, WilsonMiIler, Inc" 3200 Bailey Lane, Suite 200, Naples, FL 34105; Rich Yovanovich, Goodlette, Coleman, JOMson,
Yovanovich and Koester, PA, 4001 Tarniarni Trail, Ste, B, Naples, FL 34103
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 X BCC
BZA
Other
Requested Hearing date. (Based on advertisement appearing 10 days before hearing.
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: See Attached
Companion petition(s), if any & proposed hearing date: November 18. 1008 Based on advertisement appearing 15 days before
hearing.
Does Petition Fee include advertising cost? X Yes No If Yel, what account should be charged for advertising costs:
1ll.138317-6491l0-O0000 If--SCCO~ll'''O
!D-:.L. <( '02
Date
ust Attachments: Advertisement Request and Advertisement Display Map
DISTRIBUTION INSTRUCTIONS
A. For bearlna:s before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County ManaKer. Note: If l"IIal document is involved, be sure tbat any necessary legal review, or request
for same, is submitted to Connty Attorney before submitting to County Manager. The ManaKer's office wiD distribute
copies:
o County Manager agenda file: to
Clerk'. Office
o Requesting DlvlsloD
o Original
B, Other bearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******.*******.********************************************************************************************
FORCLERK'SOFFICEUS!>,g~LYi"'{) \ (} \_I~t?
Date Received:U_:q.)jJ..t)... Date of Public hearing: \.~lah_ Date Advertised: U' ~
16A12
November 18, 2008 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. November 2. 2008,
and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104, The advertisement
must be no less than one-quarter 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 ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
ACCOUNT NUMBER 068778
16A12
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, November 18, 2008 in the County
Commissioners Boardroom, 3rd Floor, W, Harmon Turner Building (Bldg, F,), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution, The
meeting will commence at 9:00 A.M, The Title of the proposed Resolution is as follows:
RESOLUTION NO, 08-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS DESIGNATING 2,876,2 ACRES IN THE RURAL
LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A
STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CDC
SSA 16"; PURSUANT TO THE TERMS SET FORTH IN THE ESCROW
AGREEMENT FOR CDC SSA 16; STEWARDSHIP SENDING AREA
CREDIT AGREEMENT FOR CDC SSA 16; AND STEWARDSHIP
SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16;
APPROVING A STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR CDC SSA 16; APPROVING A STEWARDSHIP
SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16;
APPROVING AN ESCROW AGREEMENT, AND ESTABLISHING THE
NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE
DESIGNATION OF SAID STEWARDSHIP SENDING AREA
All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
November 18, 2008, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: /s/ Patricia Morgan, Deputy Clerk
(SEAL)
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16A12
NDN ACCOUNT #068778
October 28, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SSA #16 (Display Ad w/Map)
Dear Legals:
Please advertise the above referenced petition on Sunday, November 2, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
This will be a display. I have attached a map that is to be included with the
advertisement.
Thank you
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500087160
Account #111-138317-649100
Dwight E. Brock
Clerk of Courts
"eo;~fYofe()llier
~.,"", ~
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY ,COURTHOUSE
3301 TAMIAMI1'~IL EAST
PO, BOX 41,3044
NAPLES, FLORIDA~4 I 0 I -3044
~'\
16A12
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 28, 2008
Mike Rosen
Collier Land Holdings, L TD
3303 Tamiami Trail, Suite 400
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #16
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18,2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~o.(.
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.coIIiercIerk.com
Fax (239) 252-2755
Email: coIIiercIerk@coIIiercIerk.com
Dwight E. Brock
Clerk of Courts
:eO\1nty Ofe6Uier
L, '
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY ,tOURTflOUSE
33011AMIAMI 1$AIL EAST
PO. BOX 413044
NAPLES, FLORlDA34101-3044
;i,
.^",..,
~ ;<
l6AI2
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 28, 2008
Stuart Miller
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #16
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK.
OvuM. Iv ~~ G.( .
Ann Jennejom(Ee~ Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
eowutyj5reQllier
k.-,,"/ '
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY ,COURT \HOUSE
3301 TAMIAMI tAAIL EAsT
PO, BOX 4 b044
NAPLES, FLORIDAl4IOI-3()44
16A12
j1J
,1>;::'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 28, 2008
Rich Y ovanovich
Goodlette, Coleman, Johnson,
Y ovanovich & Koester, P A
4001 Tamiami Trail, Suite B
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #16
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~o.(.
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Wcbsitc: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Ann P. Jennejohn
To:
Subject:
16A12
legals@naplesnews,com
SSA #16 Display Ad (w/map)
Attachments:
SSA #16,doc; SSA #16,doc; SSA #16 (11-18-08),pdf
Hello again,
Please advertise the attached on Sunday. November 2nd, 2008,
Thanks again.
~
~
1tJ
Ann
SSA #16,doc (29 SSA #16,doc (34 SSA #16
KB) KB)-18-08),pdf (148 KI
Ann P. Jennejohn
16AI2
From:
Sent:
To:
Subject:
postmaster@collierclerk,com
Tuesday, October 28,200810:54 AM
Ann p, Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT169065,txt; SSA #16 Display Ad (w/map)
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AlT169065,txt ,SA #16 Display Ad
(231 B) (w/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,
lega Is@naplesnews,com
1
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF INTENT
TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesdav. November 18. 2008 in the County Commis-
sioners Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg, F.), Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County
Commissioners will consider the enactment of a County Resolution, The meeting will
commence at 9:DD A,M. The Title of the proposed Resolution is as follows:
RESOLUTION NO, 08-
A Resolution Of The Collier County Board Of County Commissioners Des-
ignating 2,876,2 Acres In The Rural Land Stewardship Area Zoning Overlay
District As A Stewardship Sending Area With A Designation As "Cdc Ssa
16"; Pursuant To The Terms Set Forth In The Escrow Agreement For Cdc
Ssa 16; Stewardship Sending Area Credit Agreement For Cdc Ssa 16; And
Stewardship Sending Area Easement Agreement For Cdc Ssa 16; Approv-
ing A Stewardship Sending Area Credit Agreement For Cdc Ssa 16; Ap-
proving A Stewardship Sending Area Easement Agreement For Cdc Ssa
16: Approving An Escrow Agreement, And Establishing The Number Of
Stewardship Credits Generated By The Designation Of Said Stewardship
Sending Area
ColII.r Countu
Florida
~ 1/
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STEWARDSHIP SENDING
AREAS (SSA)
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All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning Depart-
ment. Written comments filed with the Clerk to the Board's Office prior to November
18, 2008, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commis-
sioners with respect to any matter considered at such meeting or hearing, he will
need a record of that proceeding, and for such purpose he may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Isl Patricia Morgan, Deputy Clerk
~1113600
November 2 2008
6A12
NAPLES DAILY NEWS
Publislied 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 says that they
serve as the ASSlslant Corporate Secretarv of the Naples Daily,
a daily newspaper published at Naples, in Collier Counly,
Florida, distributed iu Collier and Lee counties of Florida, that
the attached copy or the advertising, being a
PUBLlCJ'-i"OTICI;;
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
On November 2"'1 2008
i\nianl 1l1l1hcr says that the said Naph:s Daily !\ c"...s is a newspaper
Puhlish..::d at 0Japks, ill collier county', Florida and thai the said
nc\\spapcr has heretofore been continuously puhlished in said Collier
County. r1m"ida: distributed in Collier and] ,cc counties 'l!' i"Jorida.
each day and has hccn entered as second class mail matter at the post
Onll.:":: in :\aples, in said Collier County', Florida, Jill' a period of 1
year next preceding the first publication of the attached copy of
advertiscmcnt; and affiant further says that he has neither paid nor
promised any person, finn or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper
//-f
/1
( Signature of affiant)
Sworn to and subscribed before me
This 2'''', Day Of November 211118
D\0-~ ClJ\\~o~~
(Signature of notary public) .>;~~,
(:!'i.~~,;J
FEI 5~.2578327
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CHANELA,MCDONALD
Commission DD 650475
Expires June 29, 2011
BondwdThru TroyFairl Insurance 000-365-70111
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Ollice 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 throuet routine lines # I throu2h #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 Admin. Cfi il/lglbg'
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 Chairman's signature are to he delivered to the Bee ofllce only after the Bee has acted to approve the
item.)
Name of Primary StatT Michael J. DeRuntz, Principal Planner Phone Number 252-2416
Contact
Agenda Date Item was November 18, 2008 ,&,g --') bO Agenda Item Number 16Aldl
Approved by the BCC
Type of Document Exec. Sum., Resolution, Credit Agreement, Number of Original .,
Attached Easement Agreement, Escrow Agreement 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 sufficicncy. (AlI 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 rrom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages rrom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Omcials.)
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 Bee omce 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 November 18,2008 (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.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
~)lt
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
December 8, 2008
To:
Thomas Greenwood, Principal Planner
Comprehensive Planning Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
SSA-16 and Resolution 2008-330
Attached, please find one certified copy of the Resolution and the original
exhibits referenced above, (Agenda Item #16A12), adopted by the Board of
County Commissioners on Tuesday, November 18, 2008.
Please forward all ori2:inal documents to the Minutes & Records
Department when fully executed and recorded for the Boards
Permanent Record.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
16A12
16A12
Resolution, 2008 -330
A RESOLUTION OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
DESIGNATING 2,876.2 ACRES IN THE RURAL
LAND STEWARDSHIP AREA ZONING OVERLAY
DISTRICT AS A STEWARDSHIP SENDING AREA
WITH A DESIGNATION AS "CDC SSA 16";
PURSUANT TO THE TERMS SET FORTH IN THE
ESCROW AGREEMENT FOR CDC SSA 16,
STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR CDC SSA 16; AND
STEWARDSHIP SENDING AREA EASEMENT
AGREEMENT FOR CDC SSA 16; APPROVING A
STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR CDC SSA 16; APPROVING A
STEWARDSHIP SENDING AREA EASEMENT
AGREEMENT FOR CDC SSA 16; APPROVING AN
ESCROW AGREEMENT FOR CDC SSA 16; AND
ESTABLISHING THE NUMBER OF STEWARDSHIP
CREDITS GENERATED BY THE DESIGNATION OF
SAID STEWARDSHIP SENDING AREA.
WHEREAS, CDC Land Investments Inc., a Florida Corporation owns
approximately two thousand eight hundred and seventy six and two tenths
(2,876.2) acres located within the boundaries of the Rural Lands Stewardship
Area Zoning Overlay District ("RLSA" District") located in Collier County, Florida;
and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code ("LDC") and
subject to the terms of the Escrow Agreement for CDC SSA 16, Stewardship
Sending Area Credit Agreement for CDC SSA 16 and Stewardship Sending Area
Easement Agreement for CDC SSA 16; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CDC SSA 16 land; and
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
SSA 16 Resolution [O-IS-08
~
....,.'
16Al~
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement for CDC SSA 16, Stewardship Sending
Area Credit Agreement for CDC SSA 16 and Stewardship Sending Area
Easement Agreement for CDC SSA 16 are in compliance with, and meet the
requirements of the LDC, and provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
CDC SSA 16, as described in attached Exhibit 1, consisting of
two thousand eight hundred and seventy six and two tenths
(2,876.2) acres is hereby designated as a Stewardship
Sending Area ("SSA"), and will be officially designated as
"CDC SSA 16" on the Official Zoning Atlas Map pursuant to the
Escrow Agreement for CDC SSA 16, Stewardship Sending Area
Credit Agreement for CDC SSA 16, and Stewardship Sending
Area Easement Agreement for CDC SSA 16.
2.
The Stewardship Credit Agreement for CDC SSA 16, attached
hereto as Exhibit 2, meets the requirements of Section 4.08.06
of the LDC, and the Board hereby approves the Stewardship
Credit Agreement for CDC SSA 16.
3.
The Stewardship Easement Agreement for CDC SSA 16,
attached hereto as Exhibit 3, meets the requirements of
Section 4.08.06 of the LDC and the Board hereby
approves the Stewardship Easement Agreement for CDC SSA
16.
4.
The Escrow Agreement for CDC SSA 16, attached hereto as
Exhibit 4, is hereby approved by the Board which, provides for
the delay of the recordation of the Stewardship Sending Area
Agreement for CDC SSA 16, the Stewardship Sending Area
Credit Agreement for CDC SSA 16 and the Stewardship
Easement Agreement until such time as the proposed Town of
Big Cypress SRA has received the necessary final and non-
appealable local, state and federal permits, other than a plat, site
development plan or building permit, necessary to construct the
Town of Big Cypress consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code.
5.
The Board hereby establishes, grants and assigns four
thousand four hundred and eighty five and nine tenths
(4,485.9) Stewardship Credits to the Owner, which may be sold,
transferred, or otherwise utilized by the Owner in accordance
with Section 4.08.04 of the LDC, and the Escrow Agreement
SSA ] 6 Resolution 10-15-08
.~(~
16A12
7.
with Section 4.08.04 of the LDC, and the Escrow Agreement
for CDC SSA 16, Stewardship Sending Area Credit Agreement
for CDC SSA 16, and Stewardship Sending Area Easement
Agreement for CDC SSA 16.
The Board further approves and authorizes the acceptance of
the Stewardship Easement Agreement for the CDC SSA 16
lands.
By its designation of the lands described in Exhibit 1
as a Stewardship Sending Area, the County shall not hereafter
grant or approve any increase in the density or additional
uses beyond those uses specifically authorized in the CDC SSA
16 Stewardship Credit Agreement.
6.
THIS RESOLUTION ADOPTED this 18th day of November, 2008, after a
Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E. BROCK
~'V-~ ~;\L
> .., Deoutv ~Ierk
:- Attest ~ to. Cha 1 t'IfIi1 I
stonat\ltf oil,.
, -
irAlan
Approved as to form and
Legal sufficiency:
~d..;4 Uto
By eidi Ashton-Clcko, Assistant County Attorney
Land Use Section, Chief
SSA 16 Resolution 10-15-08
SECTiON 12
T46S,R29E
GOPHER
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16A12
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EXHIBIT I
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SECTiON 7
T46S,RJOE
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T46S,RJOE
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SECT/ON 25
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SEe nON 8
46 S, R 30 [ p,o.s, SSA 15
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16A12
1"-"10" '1('I'.II"'Il~;J\""'" i,l.lI"-,'-", ,llI",",,"I' ,\ '1;lj'f"-"
LEGAL DESCRIPTION OF CDC SSA 16
A PARCEL OF LAND LYING IN SECTIONS 17, 18, 19,20,28,29,32 AND 33 TOWNSHIP 46
SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 545853.89 N. 782385.60, AS MEASURED
ON THE FWRlDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 00004'12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A
DISTANCE OF 4,076.20 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00003'27" WEST A DISTANCE
OF 1,360.11 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20;
THENCE SOUTH 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A
DISTANCE OF 2,659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20;
THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 20 SOUTH 00"27'32"
EAST A DISTANCE OF 2,533.80 FEET;
THENCE SOUTH 00031 '02" EAST A DISTANCE OF 128.12 FEET;
THENCE SOUTH 89037'53" EAST A DISTANCE OF 741.36 FEET;
THENCE SOUTH 00023'40. EAST A DISTANCE OF 5,339.92 FEET;
THENCE NORTH 89041'28" WEST A DISTANCE OF 741.35 FEET;
THENCE SOUTH 89012'13" WEST A DISTANCE OF 2,651.29 FEET;
THENCE CONTINUING SOUTH 89012'13" WEST A DISTANCE OF 2,017.04 FEET;
THENCE NORTH 07037'51" WEST A DISTANCE OF 181.85 FEET;
THENCE CONTINUING NORTH 07037'51" WEST A DISTANCE OF 177.26 FEET;
THENCE NORTH 13051'25" EAST A DISTANCE OF 158.88 FEET;
THENCE NORTH 06018'56" EAST A DISTANCE OF 158.50 FEET;
THENCE NORTH 41006'06" WEST A DISTANCE OF 210.15 FEET;
THENCE NORTH 26004'29" WEST A DISTANCE OF 105.18 FEET;
THENCE SOUTH 86056'24" EAST A DISTANCE OF 331.65 FEET;
THENCE NORTH 42001'33" EAST A DISTANCE OF 93.12 FEET;
THENCE NORTH 83056'59" EAST A DISTANCE OF 183.30 FEET;
THENCE NORTH 11048'39" EAST A DISTANCE OF 441.55 FEET;
THENCE NORTH 03019'09" EAST A DISTANCE OF 773.24 FEET;
THENCE NORTH 89056'54" EAST A DISTANCE OF 565.09 FEET;
THENCE NORTH 01038'50" EAST A DISTANCE OF 292.21 FEET;
THENCE NORTH 42045'40" EAST A DISTANCE OF 179.11 FEET;
THENCE SOUTH 88059'56" EAST A DISTANCE OF 251.95 FEET;
THENCE NORTH 00"23'42" EAST A DISTANCE OF 341.51 FEET;
THENCE NORTH 51045'14" EAST A DISTANCE OF 695.25 FEET;
THENCE NORTH 39053'57" WEST A DISTANCE OF 496.56 FEET;
THENCE NORTH 23000'40" WEST A DISTANCE OF 301.71 FEET;
THENCE NORTH 83"29'40" EAST A DISTANCE OF 120.17 FEET;
THENCE NORTH 36004'39" EAST A DISTANCE OF 133.97 FEET;
THENCE NORTH 68"23'40" EAST A DISTANCE OF 356.87 FEET;
THENCE NORTH 01059'14" EAST A DISTANCE OF 389.47 FEET;
THENCE NORTH 75014'38" WEST A DISTANCE OF 810.63 FEET;
THENCE NORTH 13041'1I" EAST A DISTANCE OF 205.21 FEET;
THENCE NORTH 75017'24" WEST A DISTANCE OF 1,312.54 FEET;
THENCE NORTH 57041'47" WEST A DISTANCE OF 49.74 FEET TO AN INTERSECTION WITH
,\'bin Offin-: -!Il!) i,IJ"~;lIl1i Jr,!:: ,"\,
L,:c: (:Ollllf\,; 'l'I'll) (""'''1111 IZ,...,:. "illl'_'
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16A12
THE SOUTHERLY LINE OF SAID SECTION 20;
THENCE CONTINUING NORTH 57041'47" WEST A DISTANCE OF 42.42 FEET;
THENCE SOUTH 89054'15" WEST A DISTANCE OF 137.71 FEET;
THENCE NORTH 75037'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH
THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19;
THENCE CONTINUING NORTH 75037'25" WEST A DISTANCE OF 47.38 FEET;
THENCE NORTH 09"26'37" EAST A DISTANCE OF 142.10 FEET;
THENCE NORTH 09016'01" WEST A DISTANCE OF 266.86 FEET;
THENCE NORTH 35038'02" WEST A DISTANCE OF 213.01 FEET;
THENCE NORTH 29019'33" WEST A DISTANCE OF 159.99 FEET;
THENCE NORTH 27011'18" EAST A DISTANCE OF 118.07 FEET;
THENCE NORTH 73045'38" EAST A DISTANCE OF 214.18 FEET;
THENCE NORTH 37056'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH
SAID EAST LINE OF SECTION 19;
THENCE CONTINUING NORTH 37056'28" EAST A DISTANCE OF 123.04 FEET;
THENCE NORTH 11013'44" EAST A DISTANCE OF 14.22 FEET;
THENCE NORTH 11008'16" EAST A DISTANCE OF 200.70 FEET;
THENCE NORTH 48035'16" EAST A DISTANCE OF 317.54 FEET;
THENCE NORTH 23013'46" EAST A DISTANCE OF 175.00 FEET;
THENCE NORTH 14005'23" EAST A DISTANCE OF 106.59 FEET;
THENCE NORTH 30019'25" WEST A DISTANCE OF 100.76 FEET;
THENCE NORTH 79038'15" WEST A DISTANCE OF 109.47 FEET;
THENCE NORTH 87048'25" WEST A DISTANCE OF 214.41 FEET;
THENCE SOUTH 69030'19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH
THE AFORESAID EAST LINE OF SECTION 19;
THENCE CONTINUING SOUTH 69030'19" WEST A DISTANCE OF 76.61 FEET;
THENCE SOUTH 57021'29" WEST A DISTANCE OF 208.40 FEET;
THENCE NORTH 74010'26" WEST A DISTANCE OF 108.31 FEET;
THENCE SOUTH 74032'26" WEST A DISTANCE OF 252.41 FEET;
THENCE SOUTH 85019'06" WEST A DISTANCE OF 160.84 FEET;
THENCE SOUTH 80031'59" WEST A DISTANCE OF 214.50 FEET;
THENCE SOUTH 72033'26" WEST A DISTANCE OF 106.75 FEET;
THENCE SOUTH 48035'10" WEST A DISTANCE OF 160.01 FEET;
THENCE SOUTH 34033'13" WEST A DISTANCE OF 267.99 FEET;
THENCE SOUTH 36003'27" WEST A DISTANCE OF 214.15 FEET;
THENCE SOUTH 56007'40" WEST A DISTANCE OF 232.60 FEET;
THENCE NORTH 87053'10" WEST A DISTANCE OF 177.96 FEET;
THENCE NORTH 49042'16" WEST A DISTANCE OF 116.72 FEET;
THENCE NORTH 32032'00" WEST A DISTANCE OF 188.80 FEET;
THENCE SOUTH 88001'38" WEST A DISTANCE OF 190.67 FEET;
THENCE SOUTH 78032'52" WEST A DISTANCE OF 194.22 FEET;
THENCE NORTH 06017'55" WEST A DISTANCE OF 218.75 FEET;
THENCE NORTH 21005'48" WEST A DISTANCE OF 213.70 FEET;
THENCE NORTH 35030'21" WEST A DISTANCE OF 213.67 FEET;
THENCE NORTH 43"21'44" WEST A DISTANCE OF 428.85 FEET;
THENCE NORTH 13017'06" WEST A DISTANCE OF 212.45 FEET;
THENCE NORTH 19032'50" WEST A DISTANCE OF 267.30 FEET;
THENCE NORTH 00027'24" WEST A DISTANCE OF 321.64 FEET;
THENCE NORTH 06059'15" WEST A DISTANCE OF 127.30 FEET;
THENCE NORTH 71021'07" WEST A DISTANCE OF 130.87 FEET;
THENCE NORTH 83050'45" WEST A DISTANCE OF 275.53 FEET;
THENCE NORTH 66044'56" WEST A DISTANCE OF 338.79 FEET;
THENCE NORTH 66020'53" WEST A DISTANCE OF 284.28 FEET;
THENCE NORTH 15013'10" WEST A DISTANCE OF 101.19 FEET;
THENCE NORTH 13033'43" WEST A DISTANCE OF 492.91 FEET;
THENCE NORTH 14053'44" WEST A DISTANCE OF 285.27 FEET;
SHEET 3 OF 5
/;XII;i3IT I
16A12
THENCE NORTH 85049'44" WEST A DISTANCE OF 112.81 FEET;
THENCE NORTH 27050'17" WEST A DISTANCE OF 82.58 FEET;
THENCE NORTH 07'26'32" EAST A DISTANCE OF 165.49 FEET;
THENCE NORTH 28034'42" WEST A DISTANCE OF 203.68 FEET;
THENCE SOUTH 87005'55" WEST A DISTANCE OF 263.00 FEET;
THENCE NORTH 30'07'55" WEST A DISTANCE OF 166.88 FEET;
THENCE NORTH 45046'47" WEST A DISTANCE OF 564.23 FEET TO AN INTERSECTION WITH
THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 55.93 FEET TO THE
WESTERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 46.76 FEET;
THENCE NORTH 01 '0 I '07" EAST A DISTANCE OF 335.53 FEET;
THENCE NORTH 26'41'21" WEST A DISTANCE OF 308.32 FEET;
THENCE NORTH 0 1 '32'44" EAST A DISTANCE OF 312.90 FEET;
THENCE NORTH 39002'01" WEST A DISTANCE OF 892.38 FEET;
THENCE NORTH 01"22'15" EAST A DISTANCE OF 620.10 FEET;
THENCE NORTH 40019'58" WEST A DISTANCE OF 340.50 FEET;
THENCE NORTH 01059'41" WEST A DISTANCE OF 266.38 FEET;
THENCE NORTH 42006'14" EAST A DISTANCE OF 135.63 FEET;
THENCE NORTH 69009'40" EAST A DISTANCE OF 198.79 FEET;
THENCE NORTH 00050'16" EAST A DISTANCE OF 443.21 FEET;
THENCE NORTH 29056'54" WEST A DISTANCE OF 273.98 FEET;
THENCE NORTH 30029'39" EAST A DISTANCE OF 178.64 FEET;
THENCE NORTH 45013'13" EAST A DISTANCE OF 243.80 FEET;
THENCE NORTH 00050'16" EAST A DISTANCE OF 288.68 FEET;
THENCE NORTH 44046'47" WEST A DISTANCE OF 332.47 FEET;
THENCE NORTH 00050'16" EAST A DISTANCE OF 296.49 FEET;
THENCE NORTH 89009'44" WEST A DISTANCE OF 296.50 FEET;
THENCE NORTH 50016'51" EAST A DISTANCE OF 282.66 FEET;
THENCE SOUTH 47050'14" EAST A DISTANCE OF 213.91 FEET;
THENCE SOUTH 63057'25" EAST A DISTANCE OF 181.27 FEET;
THENCE SOUTH 52033'18" EAST A DISTANCE OF 214.57 FEET;
THENCE SOUTH 47040'28" EAST A DISTANCE OF 366.78 FEET;
THENCE SOUTH 49"31'56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH
THE WESTERLY LINE OF SAID SECTION 18;
THENCE CONTINUING SOUTH 49031'56" EAST A DISTANCE OF 201.57 FEET;
THENCE NORTH 78'44'35" EAST A DISTANCE OF 260.60 FEET;
THENCE NORTH 41046'09" EAST A DISTANCE OF 212.32 FEET;
THENCE NORTH 25"24'18" EAST A DISTANCE OF 376.05 FEET;
THENCE NORTH 35014'00" EAST A DISTANCE OF 267.20 FEET;
THENCE NORTH 12049'24" EAST A DISTANCE OF 545.28 FEET;
THENCE SOUTH 89004'42" EAST A DISTANCE OF 204.02 FEET;
THENCE NORTH 00"26'37" EAST A DISTANCE OF 39.32 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF SAID SECTION 18;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89026'29" EAST A DISTANCE OF 1,446.76
FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18;
THENCE CONTINUING ALONG SAID NORTHERLY LINE AND CONTINUING SOUTH
89026'29" EAST A DISTANCE OF 2,649.28 FEET TO THE NORTHWEST CORNER OF THE
AFORESAID SECTION 17;
THENCE SOUTH 89028'45" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 17 A
DISTANCE OF 2,677.81 FEET TO THE NORTH QUARTER OF SAID SECTION 17;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89038'12" EAST A
DISTANCE OF 2,677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 2,876.20 ACRES OF LAND, MORE OR LESS;
SHEET 4 OF 5
/'3.'/.IIII-'>)T /
16A12
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADmSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INe.
PROFESSIONAL ENGINEERS, PLANNERS &: SURVEYORS AND MAPPERS.
~~y P.S.M. 5606
10056-CDC SSA 16.RTF
REF. ABB DWG #10056-CDC SSA 16
SHEET 5 OF 5
5Nf/B,r I
16A12
I
EXHIBIT Z
TO
1?tZ'5c:>~<.J1?P,j
STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CDC SSA 16)
THIS STEWARDSHIP SENDING AREA CREDIT AGREEMEN/~hereinafter
referred to as the "Agreement") is made and entered into this i'" day of
!'Y.rJvtyV1W . 2008, by and between COLLIER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "County" whose mailing address is the
Harmon Tumer Building, 3301 East Tamiami Trail, Naples, Florida 34112, and CDC
Land Investments, Inc., a Florida Corporation ("CDC") hereinafter referred to as
"Owner", whose mailing address is 3003 Tamiami Trail North,Suite 400, Naples,
Florida 34103, for the purpose of designating a "Stewardship Sending Area" rSSA")
on certain lands belonging to Owner, eliminating Land Use Layers from said lands,
and assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06. of the
Collier County Land Development Code ("LDC").
WITNESSETH:
WHEREAS, CDC is the owner of approximately two thousand eight hundred
and seventy six and two tenths (2,876.2) acres of land within the boundaries of the
Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in
Collier County, Florida, which land is the subject of a Stewardship Sending Area
Application (Application 2008-AR-13326) filed by Owner with Collier County, Florida;
and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related
to CDC, has submitted application to Collier County, South Florida 'Water
Management District and the United States Department of Army, Corps of Engineers
for authorization to develop the Town of Big Cypress located within the RLSA District;
WHEREAS, CEMI has advised Collier County that the Town of Big Cypress
will be developed consistent with the provisions of Article 4.09.00 of the Collier
County Land Development Code, which will include the submittal of a Stewardship
Receiving Area (SRA) application pursuant to Section 4.08.07 of the Collier County
Land Development Code;
WHEREAS, in order to develop the Town of Big Cypress in accordance with
Article 4.08.00, CEMI is required under Seption 4.08.07 to exchange Stewardship
Credits granted under Section 4.08.06 in order to receive additional residential or
non-residential entitlements for the SRA; .
WHEREAS, Owner has requested that the two thousand eight hundred and
seventy six and two tenths (2,876.2) acre parcel legally described in the attached
Exhibit "A" (hereinafter referred to as "CDC SSA 16") and depicted on Exhibit "B" be
designated as a Stewardship Sending Area in accordance with and pursuant to
Section 4.08.06. of the Collier County Land Development Code, to establish
Stewardship Credits for CEMI to develop the Town of Big Cypress SRA; and
SSA l6C"ditAgreement lo-IS-08 1
16A12
WHEREAS, Owner has submitted, and the County has reviewed, a SSA
Designation Application filed with the County on May 27, 2008 for the CDC SSA 16
land described in Exhibit "A" and
WHEREAS, Collier County has reviewed the SSA Designation Application,
along with all support documentation and information required by Section 4.08.06. of
the Collier County LDC and determined that the Owner's application is legally
sufficient and should be granted; and
WHEREAS, the County and Owner have reached agreement concerning the
number of Stewardship Credits that are to be generated by the designation of the
CDC SSA 16 described in Exhibit "A" as a SSA, and the parties further intend to
specify the land uses that are eliminated from, and those land uses that remain on,
CDC SSA 16; and
WHEREAS, the County and Owner agree that this Agreement is in compliance
with and fully meets the requirements of the Collier County Growth Management Plan
and LOC and is of substantial benefit to the general public.
NOW THEREFORE in consideration of the above premises and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and in further consideration of the mutual covenants contained
herein, the parties agree as follows:
1.
Land Desianated as SSA.
CDC SSA 16 as described in Exhibit "A", consisting of approximately
two thousand eight hundred and seventy six and two tenths (2,876.2) acres, is
hereby designated a Stewardship Sending Area ("SSA"), and officially designated as
SSA 16 ("CDC SSA 16").
2.
Land Use lavers.
The following Land Use Layers as described in the Land Use Matrix in
Section 4.08.06 8.4. of the Collier County LDC are hereby eliminated from and
prohibited within CDC SSA 16.
a. Within CDC SSA 16, Land Use Layers 1 through 4, inclusive, as
described in Section 4.08.06 8.4. of the LDC, are hereby eliminated on two
thousand eight hundred and seventy six and two tenths (2,876.2) acres of SSA
16 designated as AG-1 on Exhibit "C." The area designated as AG-1 on
Exhibit .C" may be utilized for the uses included within Agriculture - Group 1
(Land Use Layer 5), Agriculture - Support Uses (land Use layer 6),
Agriculture - Group 2 (Land Use Layer 7), and Conservation, Restoration, and
Natural Resources (Land Use layer 8).
2
16A12
b. The Owner reserves the right pursuant to Section 4.08.06 of the LDC to
amend this SSA in the future to remove one or more additional Land Use
Layers and/or for restoration activities in return for additional Stewardship
Credits. Nothing in this provision, Agreement, Stewardship Easement
Agreement or the County LDC shall preclude the Owner's right to remove one
or more additional Land Use Layers and/or restoration activities for use as
compensation, mitigation or conservation measures under any program
established by the County, state or federal statute, regulation or ordinance.
c. The County agrees that the removal of Land Use Layers to generate
Stewardship Credits under this Agreement does not preclude the use of such
removal as compensation, mitigation or conservation measures under any
program established by County, state or federal statute, regulation or
ordinance for activities conducted in a Stewardship Receiving Area utilizing the
Stewardship Credits generated through this Agreement. The County also
agrees that nothing in this Agreement, Stewardship Easement or County LDC
precludes the Owner's right to remove one or more additional Land Use
Layers and/or restoration activities for use as compensation, mitigation or
conservation measures under any program established by County, state or
federal statute, regulation or ordinance.
3.
Natural Resource Index Assessment.
A Natural Resource Index Assessment Worksheet ("Worksheet") for
CDC SSA 16 is attached to this Agreement as Exhibit "D". The Worksheet quantifies
the number of acres by Index Values, sets forth the level of conservation, identifies
the land designated for restoration, sets forth the restoration potential and establishes
the number of Stewardship Credits generated. The Worksheet also quantifies the
number of Early Entry Bonus Credits generated by the designation of CDC SSA 16.
The total number of Stewardship Credits hereby generated and assigned to Owner
by this Agreement for COC SSA 16 are four thousand four hundred and eighty five
and nine tenths (4,485.9) Stewardship Credits, all of which are immediately available
and may be sold, transferred, or otherwise utilized by the Owner in accordance with
Section 4.08.06. of the Collier County LDC.
4.
Exchanae Rate.
The Stewardship Credits generated and assigned for the establishment
of the SSA on CDC SSA 16 herein may be transferred to a Stewardship Receiving
Area (SRA) in exchange for the development of land at the rate of eight (8)
stewardship Credits for the development of one acre of land in a SRA.
5.
Land Manaaement Measures.
On those lands within CDC SSA 16 on which Land Use layers 1 through 4
are eliminated, land management measures may consist of one or more of the
following: brush clearing, mechanical brush control ("chopping'), prescribed burning,
SSA 16 Credit A8reemenllO-15-08 3
16A12
other exotic and nuisance species control, fence construction and maintenance,
silvaculture management, and ditch and ranch road maintenance, to maintain the land
in its existing condition. In addition to the land management measures listed above, the
following land management measures may be utilized; such as disking; irrigation, ditch,
dike and pumping construction and maintenance; farm road construction and
maintenance; storage of farming equipment; and other practices associated with the
uses under land Use layers 5 - 8, inclusive, may be utilized.
6.
References.
The references herein to the lOC provisions are those contained in
Section 4.08.06. of the Collier County lOC existing as of the date thlS7\greement
becomes effective and those provisions of the lOC shall control as to the rights,
obligations, implementation or interpretations of this Agreement and rights of Owner
in the COC SSA 16, unless the Owner elects in writing that subsequently enacted
lOC provision may govem the provisions of this Agreement.
7.
lavers Included.
The retention of any land Use layer also includes the retention of all
land Use layers that are less intensive in nature and that are listed below that land
Use layer (higher numbered layers) in Section 4.08.06 804. of the lOC, including the
retention of Conservation Restoration and Natural Resource uses as contained in the .
land Use Matrix contained in Section 4.08.06 BA.b. of the lOC.
8.
Restriction on land Use Amendments.
Upon designation of the land described in Exhibit "A" as an SSA, the
Owner shall not seek or request, and the County shall not grant nor approve, any
increase in the density or any additional uses beyond those specified in this
Agreement. Two thousand seven hundred and nine tenths (2,700.9) acres of the
lands subject to this Agreement are within a Habitat Stewardship Area (HSA) and one
hundred and sixty three and six tenths (163.6) acres of the lands subject to this
Agreement are within a Flow Way Stewardship Area (FSA) and eight and seven
tenths (8.7) acres of Water Retention Area (WRA) and three (3.0) acres are
designated open depicted on the RlSA Overlay Map, officially entitled "Collier County
Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon
designation of these lands as an SSA, the Owner shall neither seek nor request, and
the County shall not in violation of Sections 4.08.06 A.2. and 3., thereafter grant or
approve any expansion or conversion of agricultural land uses. Notwithstanding any
condition herein to the contrary, this Agreement and the Stewardship easement shall
terminate on November 18, 2013 unless the COC SSA 16 Stewardship Credits have
been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress
SRA has received all necessary final and non-appealable local, state and federal
permits other than a plat, site development plan and building permit necessary to
commence construction of the Town. All affirmative obligations and negative
covenants contained in this Agreement and the Stewardship Easement shall be null
4
16A12
and void upon such termination without further action from the parties hereto. Upon
such termination the land shall revert to its underlying zoning classification as of the
date of this Agreement, free and clear of any encumbrance from the Stewardship
Easement. If requested by the Owner, Collier County shall provide a written release
and termination of this Agreement and the Stewardship easement for recording in the
public records within fifteen (15) days of the request from the owner. Collier County
shall update the overlay map to reflect the termination of CDC SSA 16 or any SRA.
9.
Effectiveness.
This Agreement shall be effective upon its execution by both parties.
The terms; conditions, and obligations hereunder shall constitute covenants thatrun
with the land and may be enforceable by either party in the circuit courts for the 20th
Judicial Circuit in Collier County. In the event that either party hereto shall institute
legal proceedings in connection with or for the enforcement of this Agreement, the
prevailing party shall be entitled to an award of reasonable attorney's fees, costs and
expenses, to be taxed by a court of competent jurisdiction, which are directly related
to any court trial and appellate proceedings.
10. Easement Aareement.
Attached hereto as Exhibit "E" is a copy of the Stewardship Easement
Agreement (without Exhibits) that will be executed by Owner and recorded by the
Escrow agent in accordance with the terms of the Escrow Agreement executed
simultaneously with this Agreement. The Stewardship Easement Agreement grants a
perpetual easement in favor of Collier County and the Florida Department of
Agriculture and Consumer Services setting forth specific land management measures
and the party responsible for such measures for the COC SSA 16 land described in
Exhibit "A" which is the subject of this Agreement.
11. FSAlHSAANRA Lands.
Two thousand eight hundred and seventy six and two tenths (2,876.2)
acres of CDC SSA 16 are within a Habitat Stewardship Area (HSA), Flow Way
Stewardship Area (FSA), Water Retention Area 0NRA), and Open Area contiguous to
the Okaloacoochee Slough. The HSA, FSA, WRA and Open Area Lands are
depicted on Exhibit "F".
12. Successors and Assians.
As used in this Agreement the term "Owner" shall include the owner, its
successors and assigns of any of the COC SSA 16 land described in Exhibit "A".
13. Amendments.
This Agreement may only be amended by written agreement of all
parties hereto.
SSA 16 Credit Agreement 10-15.08
5
16A12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers or representatives and their official seals
hereto affixed the day and year first written above.
,.(iDATFD: l21colcB
.,. ATTEST:
DVXIGHT E. BROCK, Clerk
';;:'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'"
.\ . . ~ Pca{tL,,1Lt ~
Attest as to Ch41~ .
I j gA4tllf. Oft I ,
By:
Tom Henning,
.
Approved as to form and
legal sufficiency:
[1, dt A Clto .
Heidi Asnton-Cicko, Assistant County Attorney
Land Use Section, Chief .
WITNESS:
c{~1 .I. )
(Si ature) ,
l
Elizabeth M. Dillingham
IT:La~l)
(Signature)
~~ \?I~
(Print Name))
. CDC Land Investments, Inc.
::'O~~ .
~~I~~ed N { m~: ~j' Ch-r~cf
6
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l'
.!
STATE OF FLORIDA
COUNTY OF COLLIER
T.~e f. ~?~^ng StewardJhjp ,Sending Area Credit Agreel1J7~t was ~xecuted before me
this . l . day of (,(lIN,Ih , 2008. by 11/1.1(,1/ () t7/J)"lU1- , as
I,;', i/rrow':d' ofCDC Land Investments, Inc., a Florida Corporation
. ") ( . 1 .,
,.c ) 111-(' ilL
Nota Public / .
Name: Elizabeth M. DrIlingham
Certificate No.
My Commission expires" iF tI '2 (JO//
,/
~1lalIry NIIc." 01 AarIdI
. . c...n..' f ,EXPRI JIn I, 2011
c....._. . DO 608107
llondId NIIanII -.
SSA 16 Credit Agreement 10-15-08
7
16A12
LIST OF EXHIBITS
COC SSA 16 Credit Agreement
Exhibit "A" CDC SSA 16 Land Legal Description
Exhibit "S" CDC SSA 16 (2,876.2 acre parcel) depicted on Map of SSA Land
Exhibit "C" Retained Land Uses
Exhibit "0" Natural Resource Index Assessment Worksheet
Exhibit "E" Stewardship Easement Agreement
Exhibit "F" 2007 NRI Scores
8
COC SSA 16
CREDIT AGREEMENT
SSA 16 Credit Agleement I<H5-08 9
16A12
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EXHIBIT A
10
16A12
E)(1I16/ -r A-
SECTION 12
T 46 S, R 29 E
SEe TlON 7
T 46 S, R 30 t
SEe nON 8
T 46 S, R 30 E P,O.B. $SA 16
SECT/ON 9
T 46 S, R JO E
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SECTION 18
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SECTION 25
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SET TlON 30
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16A12
LEGAL DESCRIPTION OF CDC SSA 16
A PARCEL OF LAND LYING IN SECTIONS 17. 18, 19,20,28,29,32 AND 33 TOWNSHIP 46
SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOUTH. RANGE 29 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 545853.89 N. 782385.60, AS MEASURED
ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 00'04' 12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A
DISTANCE OF 4,076.20 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00003'27" WEST A DISTANCE
OF 1,360.11 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20;
THENCE SOUTH 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A
DISTANCE OF 2,659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20;
THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 20 SOUTH 00'27'32"
EAST A DISTANCE OF 2,533.80 FEET;
THENCE SOUTH 00031'02" EAST A DISTANCE OF 128.12 FEET;
THENCE SOUTH 89'37'53" EAST A DISTANCE OF 741.36 FEET;
THENCE SOUTH 00023'40" EAST A DISTANCE OF 5,339.92 FEET;
THENCE NORTH 89041'28" WEST A DISTANCE OF 741.35 FEET;
THENCE SOUTH 89'12'13" WEST A DISTANCE OF 2,651.29 FEET;
THENCE CONTINUING SOUTH 89012'13" WEST A DISTANCE OF 2.017.04 FEET;
THENCE NORTH 07037'51" WEST A DISTANCE OF 181.85 FEET;
THENCE CONTINUING NORTH 07'37'51" WEST A DISTANCE OF 177.26 FEET;
THENCE NORTH 13051'25" EAST A DISTANCE OF 158.88 FEET;
THENCE NORTH 06018'56" EAST A DISTANCE OF 158.50 FEET;
THENCE NORTH 41'06'06" WEST A DISTANCE OF 210.15 FEET;
THENCE NORTH 26'04'29" WEST A DISTANCE OF 105.18 FEET;
THENCE SOUTH 86056'24" EAST A DISTANCE OF 331.65 FEET;
THENCE NORTH 42001'33" EAST A DISTANCE OF 93.12 FEET;
THENCE NORTH 83056'59" EAST A DISTANCE OF 183.30 FEET;
THENCE NORTH 11048'39" EAST A DISTANCE OF 441.55 FEET;
THENCE NORTH 03019'09" EAST A DISTANCE OF 773.24 FEET;
THENCE NORTH 89'56'54" EAST A DISTANCE OF 565.09 FEET;
THENCE NORTH 0 I '38'50" EAST A DISTANCE OF 292.21 FEET;
THENCE NORTH 42045'40" EAST A DISTANCE OF 179.11 FEET;
THENCE SOUTH 88'59'56" EAST A DISTANCE OF 251.95 FEET;
THENCE NORTH 00'23'42" EAST A DISTANCE OF 341.51 FEET;
THENCE NORTH 51 '45'14" EAST A DISTANCE OF 695.25 FEET;
THENCE NORTH 39'53'57" WEST A DISTANCE OF 496.56 FEET;
THENCE NORTH 23'00'40" WEST A DISTANCE OF 301.71 FEET;
THENCE NORTH 83029'40" EAST A DISTANCE OF 120.17 FEET;
THENCE NORTH 36'04'39" EAST A DISTANCE OF 133.97 FEET;
THENCE NORTH 68023'40" EAST A DISTANCE OF 356.87 FEET;
THENCE :--IORTH 01 '59'14" EAST A DISTANCE OF 389.47 FEET;
THENCE NORTH 75014'38" WEST A DISTANCE OF 810.63 FEET;
THENCE NORTH 13041'11" EAST A DISTANCE OF 205.21 FEET;
THENCE NORTH 75'17'24" WEST A DISTANCE OF 1,312.54 FEET;
THENCE NORTH 57'41'47" WEST A DISTANCE OF 49.74 FEET TO AN INTERSECTION WITH
SHEET 11-
E:)(HliS/1 z.
P'a- J)-
161112
THE SOUTHERLY LINE OF SAID SECTION 20;
THENCE CONTINUING NORTH 57041'47" WEST A DISTANCE OF 42.42 FEET;
THENCE SOUTH 89054'15" WEST A DISTANCE OF 137.71 FEET;
THENCE NORTH 75037'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH
THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19;
THENCE CONTINUING NORTH 75037'25" WEST A DISTANCE OF 47.38 FEET;
THENCE NORTH 09026'37" EAST A DISTANCE OF 142.10 FEET;
THENCE NORTH 09016'01" WEST A DISTANCE OF 266.86 FEET;
THENCE NORTH 35038'02" WEST A DISTANCE OF 213.01 FEET;
THENCE NORTH 29019'33" WEST A DISTANCE OF 159.99 FEET;
THENCE NORTH 27011'18" EAST A DISTANCE OF 118.07 FEET;
THENCE NORTH 73045'38" EAST A DISTANCE OF 214.18 FEET;
THENCE NORTH 37056'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH
SAID EAST LINE OF SECTION 19;
THENCE CONTINUING NORTH 37056'28" EAST A DISTANCE OF 123.04 FEET;
THENCE NORTH 11013'44" EAST A DISTANCE OF 14.22 FEET;
THENCE NORTH 11008'16" EAST A DISTANCE OF 200.70 FEET;
THENCE NORTH 48035'16" EAST A DISTANCE OF 317.54 FEET;
THENCE NORTH 23013'46" EAST A DISTANCE OF 175.00 FEET;
THENCE NORTH 14"05'23" EAST A DISTANCE OF 106.59 FEET;
THENCE NORTH 30019'25" WEST A DISTANCE OF 100.76 FEET;
THENCE NORTH 79038'15" WEST A DISTANCE OF 109.47 FEET;
THENCE NORTH 87048'25" WEST A DISTANCE OF 214.41 FEET;
THENCE SOUTH 69030' 19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH
THE AFORESAID EAST LINE OF SECTION 19;
THENCE CONTINUING SOUTH 69030'19" WEST A DISTANCE OF 76.61 FEET;
THENCE SOUTH 57021'29" WEST A DISTANCE OF 208.40 FEET;
THENCE NORTH 74010'26" WEST A DISTANCE OF 108.31 FEET;
THENCE SOUTH 74032'26" WEST A DISTANCE OF 252.41 FEET;
THENCE SOUTH 85019'06" WEST A DISTANCE OF 160.84 FEET;
THENCE SOUTH 80031'59" WEST A DISTANCE OF 214.50 FEET;
THENCE SOUTH 72033'26" WEST A DISTANCE OF 106.75 FEET;
THENCE SOUTH 48035'10" WEST A DISTANCE OF 160.01 FEET;
THENCE SOUTH 34033'13" WEST A DISTANCE OF 267.99 FEET;
THENCE SOUTH 36003'27" WEST A DISTANCE OF 214.15 FEET;
THENCE SOUTH 56007'40" WEST A DISTANCE OF 232.60 FEET;
THENCE NORTH 87053' I 0" WEST A DISTANCE OF 177.96 FEET;
THENCE NORTH 49042'16" WEST A DISTANCE OF 116.72 FEET;
THENCE NORTH 32032'00" WEST A DISTANCE OF 188.80 FEET;
THENCE SOUTH 88001'38" WEST A DISTANCE OF 190.67 FEET;
THENCE SOUTH 78032'52" WEST A DISTANCE OF 194.22 FEET;
THENCE NORTH 06017'55" WEST A DISTANCE OF 218.75 FEET;
THENCE NORTH 21005'48" WEST A DISTANCE OF 213.70 FEET;
THENCE NORTH 35030'21" WEST A DISTANCE OF 213.67 FEET;
THENCE NORTH 43021 '44" WEST A DISTANCE OF 428.85 FEET;
THENCE NORTH 13017'06" WEST A DISTANCE OF 212.45 FEET;
THENCE NORTH 19032'50" WEST A DISTANCE OF 267.30 FEET;
THENCE NORTH 00027'24" WEST A DISTANCE OF 321.64 FEET;
THENCE NORTH 06059'15" WEST A DISTANCE OF 127.30 FEET;
THENCE NORTH 71021'07" WEST A DISTANCE OF 130.87 FEET;
THENCE NORTH 83050'45" WEST A DISTANCE OF 275.53 FEET;
THENCE NORTH 66044'56" WEST A DISTANCE OF 338.79 FEET;
THENCE NORTH 66020'53" WEST A DISTANCE OF 284.28 FEET;
THENCE NORTH 15013'10" WEST A DISTANCE OF 101.l9 FEET;
THENCE NORTH 13033'43" WEST A DISTANCE OF 492.91 FEET;
THENCE NORTH 14"53'44" WEST A DISTANCE OF 285.27 FEET;
SHEET 1.3
EX/TdS't/ Z
16A12
THENCE NORTH 85"49'44" WEST A DISTANCE OF 112.81 FEET;
THENCE NORTH 27"50'17" WEST A DISTANCE OF 82.58 FEET;
THENCE NORTH 07"26'32" EAST A DISTANCE OF 165.49 FEET;
THENCE NORTH 28"34'42" WEST A DISTANCE OF 203.68 FEET;
THENCE SOUTH 87"05'55" WEST A DISTANCE OF 263.00 FEET;
THENCE NORTH 30"07'55" WEST A DISTANCE OF 166.88 FEET;
THENCE NORTH 45"46'47" WEST A DISTANCE OF 564.23 FEET TO AN [NTERSECTION WITH
THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45"46'47" WEST A DISTANCE OF 55.93 FEET TO THE
WESTERL Y LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45"46'47" WEST A DISTANCE OF 46.76 FEET;
THENCE NORTH 01"01'07" EAST A DISTANCE OF 335.53 FEET;
THENCE NORTH 26'41'21" WEST A DISTANCE OF 308.32 FEET;
THENCE NORTH 01'32'44" EAST A DISTANCE OF 312.90 FEET;
THENCE NORTH 39"02'0 I" WEST A DISTANCE OF 892.38 FEET;
THENCE NORTH 01"22'15" EAST A DISTANCE OF 620.10 FEET;
THENCE NORTH 40"19'58" WEST A DISTANCE OF 340.50 FEET;
THENCE NORTH 0 I "59'4 [" WEST A DISTANCE OF 266.38 FEET;
THENCE NORTH 42"06'[4" EAST A DISTANCE OF 135.63 FEET;
THENCE NORTH 69"09'40" EAST A DISTANCE OF 198.79 FEET;
THENCE NORTH 00'50'16" EAST A DISTANCE OF 443.21 FEET;
THENCE NORTH 29"56'54" WEST A DISTANCE OF 273.98 FEET;
THENCE NORTH 30"29'39" EAST A DISTANCE OF 178.64 FEET;
THENCE NORTH 45'[3'13" EAST A DISTANCE OF 243.80 FEET;
THENCE NORTH 00"50'16" EAST A DISTANCE OF 288.68 FEET;
THENCE NORTH 44"46'47" WEST A DISTANCE OF 332.47 FEET;
THENCE NORTH 00"50'16" EAST A DISTANCE OF 296.49 FEET;
THENCE NORTH 89"09'44" WEST A DISTANCE OF 296.50 FEET;
THENCE NORTH 50" 16'51" EAST A DISTANCE OF 282.66 FEET;
THENCE SOUTH 47"50'14" EAST A DISTANCE OF 213.91 FEET;
THENCE SOUTH 63"57'25" EAST A DISTANCE OF 181.27 FEET;
THENCE SOUTH 52"33'18" EAST A DISTANCE OF 214.57 FEET;
THENCE SOUTH 47"40'28" EAST A DISTANCE OF 366.78 FEET;
THENCE SOUTH 49"31 '56" EAST A DISTANCE OF 56.32 FEET TO AN [NTERSECTION WITH
THE WESTERLY LINE OF SAID SECTION 18;
THENCE CONTINUING SOUTH 49"31'56" EAST A DISTANCE OF 201.57 FEET;
THENCE NORTH 78"44'35" EAST A DISTANCE OF 260.60 FEET;
THENCE NORTH 41046'09" EAST A DISTANCE OF212.32 FEET;
THENCE NORTH 25"24'18" EAST A DISTANCE OF 376.05 FEET;
THENCE NORTH 35"14'00" EAST A DISTANCE OF 267.20 FEET;
THENCE NORTH 12"49'24" EAST A DISTANCE OF 545.28 FEET;
THENCE SOUTH 89"04'42" EAST A DISTANCE OF 204.02 FEET;
THENCE NORTH 00"26'37" EAST A D[ST ANCE OF 39.32 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF SAID SECTION 18;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89"26'29" EAST A DISTANCE OF 1,446.76
FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18;
THENCE CONTINUING ALONG SAID NORTHERLY LINE AND CONTINUING SOUTH
89026'29" EAST A DISTANCE OF 2.649.28 FEET TO THE NORTHWEST CORNER OF THE
AFORESAID SECTION 17;
THENCE SOUTH 89"28'45" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 17 A
DISTANCE OF 2,677.81 FEET TO THE NORTH QUARTER OF SAID SECTION 17;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89"38'12" EAST A
DISTANCE OF 2,677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE
POINT OF BEGINNING OF THE PARCEL HERE[N DESCRIBED;
CONTAINING 2,876.20 ACRES OF LAND, MORE OR LESS;
SHEET /1-
z::..XIf/6//2
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INe.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
~~Y P.S.M. 5606
10056-CDC SSA 16.RTF
REF. ABB DWG #IOO56-CDC SSA 16
SHEET /5'
16A12
5'X/f/j3;r2.
SSA 16Credi'^-menIIO-15-ll8
16A12
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EARLY ENTRY BONUS CALCULATIONS
STEWARDSHIP CREDITS GENERATED
Grand
Credit Source Total
Base Credits 2621 .3
Earlv Entrv Bonus Credits 1864.6
Total 4485.9
22
E:XIlI/3/ I 2..
WilsqnMiller
coc SSA 16 Credit Agreement
Exhibit 0
NOTE
SSA 16 CREDIT AGREEMENT
"EXHIBIT E"
IS THE
STEWARDSHIP EASEMENT
AGREEMENT
AND ALL INCLUDED EXHIBITS
PLEASE SEE
STEWARDSHIP EASEMENT
AGREEMENT
SSA 16 Credit Agreement
2-.3
'.'.' j' Il .~ ""I
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SSA 16 Credit Agreement 10-15.0&
16A12
EXHIBIT F
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16Al
EXHIBIT .3
TO
~ e50t....J770N
This Instrument Prepared by:
Richard D. Yovanovich, Esq.
Goodletle, Coleman, Johnson, Yovanovich & Koester, PA
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
STEWARDSHIP EASEMENT AGREEMENT
(CDC SSA 16)
THIS STEWARDSHIP EASEMENT is granted this /1.1h. day ofNrJoA'l,iLr:2008,
by CDC Land Investments, Inc, a Florida Corporation ("C~ whose address is 3003
Tamiami Trail North, Suite 400, Naples, Florida 34103, hereinafter called "Grantor", to
Collier County, a political subdivision of the State of Florida, and Florida Department of
Agriculture and Consumer Services, hereinafter collectively called the "Grantees".
RECITALS
A. Grantor is the owner of approximately two thousand eight hundred and
seventy six and two tenths (2,876.2) acres of land situated in Collier
County, Florida, and more specifically described in Exhibit "A" attached
hereto and incorporated herein by reference (hereinafter "Property" or
"CDC SSA 16").
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date herewith, which
designated the Property "Okaloacoochee Slough North" Sending Area 16
("CDC SSA 16"). This two thousand eight hundred and seventy six and
two tenths (2,876.2) acre parcel, as legally described in Exhibit "A", has
been designated as a "Stewardship Sending Area" ("SSA") in accordance
with Section 4.08.06 of the Collier County Land Development Code
("LDC"). The Property is depicted on Exhibit "B".
C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for CDC SSA 16 and the party responsible for
such measures.
D. In exchange for the designation of the Property as SSA, the County has
granted and assigned to Grantor four thousand four hundred and eighty
five and nine tenths (4,485.9) Stewardship Credits. Stewardship Credits
will allow Grantor to entitle five hundred and sixty and seven tenths
(560.7) acres for development within the Rural Lands Stewardship Area
District.
SSA 16 Easement Agreement 10-15...08
1
16A12
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns (hereafter
collectively "Grantor") and shall remain in full force and effect forever. It is agreed as
follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2.
Exhibit "CO depicts and Exhibit "0" also describes the two thousand eight
hundred and seventy six and two tenths (2,876.2) acres within COC SSA
16 where the following four (4) Land Use Layers are eliminated and the
property is henceforth prohibited from being utilized for the following land
uses, as defined in Section 4.06.06 8.4 of the LOC:
a. Residential Land Uses, also described as Land Use Layer 1.
b. General Conditional Uses, also described as Land Use Layer 2.
c. Earth Mining and Processing Uses, also described as Land Use
Layer 3.
3.
d. Recreational Uses, also described as Land Use Layer 4.
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses of the Property that are not inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. Grantor may use COC SSA 16 only for the land uses set forth
in this paragraph:
a. The lands in COC SSA 16 land depicted on Exhibit "CO and
described on Exhibit "0" as having had the first four (4) Land Use
Layers eliminated, may also be used for Agriculture - Group 1
(Land Use Layer 5); Agriculture - Support Uses (Land Use Layer
6); Agriculture - Group 2 (Land Use Layer 7) as defined in Section
SSA 16 EasemenlAgreement 10-15-08 2
16A12
4.08.06 B.4 of the LOC. Those land uses are permitted to continue,
and may convert from one type of Agriculture to another.
Conservation, Restoration, and Natural Resources (Land Use
Layer 8) Uses are allowed on all of the Property, including the
specifics thereof set forth in Section 4.08.06 B.4.b. of the LDC.
b. Pursuant to Section 4.08.06 of the LOC, Grantor retains the right to
amend this SSA in the future to remove one or more additional
Land Use Layers and/or for restoration activities in return for
additional Stewardship Credits. Nothing in this provision,
Stewardship Easement or County LDC shall preclude Grantor's
right to remove one or more-additional Land Use Layers and/or
restoration activities for use as compensation, mitigation or
conservation measures under any program established by County,
state or federal statute, regulation or ordinance.
c. Grantor retains the right to construct and maintain farm and ranch
roads to access its lands within the Property for the purposes
retained herein.
d. Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting (including
organized hunting activities), nature observatory and other eco-
observation excursions, and other such occasional non-destructive
activities.
4.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas or features of the Property that may
be altered by any inconsistent activity or use. Notwithstanding the above,
Grantor shall not be liable for or be obligated to restore alterations of the
Property caused by third-parties or acts of God.
On those lands within COC SSA 16 on which Land Use layers 1 through 4
are eliminated, land management measures may consist of one or more of
the following: brush clearing, mechanical brush control ("chopping"),
prescribed burning, other exotic and nuisance species control, fence
construction and maintenance, silvaculture management, and ditch and
ranch road maintenance, to maintain the land in its existing condition. In
addition to the land management measures listed above, the following
land management measures may be utilized; such as disking; irrigation,
ditch, dike and pumping construction and maintenance; farm road
construction and maintenance; storage of farming equipment; and other
practices associated with the uses under Land Use Layers 5 - 8, inclusive,
may be utilized.
5.
SSA 16 EasemelU Agreement lo-I5.o8
3
16A12
6. Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
7. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
8. References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
9. Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise its rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
10. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
11. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party
or successor-in-interest.
13. This Stewardship Easement may be amended, altered, released or
revoked only by written agreement of both Grantor and Grantees, which
shall be filed in the Public Records of Collier County, or as provided for in
the Escrow Agreement between the Grantor and the County dated
November 18, 2008.
SSA 16 Easement Agreement 10-15-08
4
16A12
14. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LDC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or federal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits.
TO HAVE AND TO HOLD unto grantees, their successors and assigns forever.
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
contrary to this Stewardship Easement; that Grantor has good right and lawful authority
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the
18th day of November, 2008.
SSA 16 Easement Agreement 1O~15~08
5
WITNESS:
GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT
Name
Signature
Name
Signature
SSA 16 Easement Agreement 1 0-1 ~
16A12
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
By:
Print Name
Its:
6
STATE OF FLORIDA
COUNTY OF COLLIER
16A12
171- The foregoing Stewardship Easement Agreement was executed before me this
/8 day of ~~ (E-71 ?>eA., ' 2008, of the Florida Department of Agriculture and
Consumer Services.
DATED: J,~I<a IdS
ATTEST:
DWIGHT E. BROCK, Clerk
~[li~ ~~k
.. ...:Attest u~io Chd lna.sn I
.11vnatlll'e On"
Approved as to form and
legal sufficiency:
JJA Jt A Clv
Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
WITNESS:
,
/
Elizabeth M. DillinQham
(p~nt full namJf).
ll~~ '
(Signature)
~~ Pl\(.lC::
(Print full name)
SSA 16 Easement Agreement 10-15-08
Notary Public
Name
Certificate No.
My Commission Expires
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CDC LAND INVESTMENTS, Inc.
a Florida Corporation
By: ~('
P~inted ~~: 1!!~'~x;
TItle: fC3111 ,.
7
STATE OF FLORIDA
COUNTY OF COLLIER
16A12
The foregoing Stewardship Easement Agreement wal]; executed before me this i2!fM
day of (errAtIC.. ,2008, by !/('htl\'!J;.(l('['lilt ,as
I;~{ ff..'i::;5IiJAJ T of CDC Land Investments, Inc, a Florida Corporation
~Il
~ PuIIIc - "'1I1'b1d1
. . ~'~'''''I ErpiMI .Ian It 2011
eon.._. . OIl lIOIl07
..I 8andId NdcnII -.
SSA 16 Ease'!'enlAgreemenl 10-15-08
- .'; i ~ .. I " .. '. '.''
1ifl~/~[~,~7 ji{ t/J):I~,J\ /'
Name: Flizabeth rit. Dillingham
Certificate No.
My Commission expires: .. h n '! ,J(, II
I '
i/
8
.
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":l.I,.
LIST OF EXHIBITS
CDC Stewardship Sending Area 16 Stewardship Easement Agreement
Exhibit "A" CDC SSA 16 Land Legal Description
Exhibit "B" CDC SSA 16 (2,876.2 acre parcel) depicted on Map of SSA Land
Exhibit .C" Retained Land Uses
Exhibit "D" Legal Description of CDC SSA 16 AG.1
SSA 16 Easement Agreement IO-IS~8
9
12
16A12
pXlh$/t A-
SECTION 12
T 46 S. R 29 E
SECTiON 7
T 46 $, R 30 E
SECTION 8
T 46 $, R 30 E p.a.B. S$A 16
SECTION 9
T 46 S. R 30 E
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SECTION 13
T 46 S. R 29 E
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SECTION 18
T46S,R30E
SECTION 17
T 46 S. R 30 E
SECTION 16
T 46 5, R 30 E
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COC SSA 16
(287620 ACRES 1:)
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SECTION 24
T 46 S. R 29 E
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SECTION 19
46 5, R 30 E
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SECTION 20
T 46 S, R 30 E
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SECTION 21
T 46 5, R 30 E
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T 46 S. R 29 [
SECTION 30
T 46 S. ,R 30 E
COC SSA 16
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SECTION 29
46 S, R 30 E
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16A12
LEGAL DESCRIPTION OF CDC SSA 16
A PARCEL OF LAND LYING IN SECTIONS 17, 18, 19,20,28,29.32 AND 33 TOWNSHIP 46
SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 545853.89 N. 782385.60, AS MEASURED
ON THE FLORIDA ST ATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 00'04'12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A
DISTANCE OF 4,076.20 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00003'27" WEST A DISTANCE
OF 1,360.11 FEET TO THE NORTHEAST COR."IER OF SAID SECTION 20;
THENCE SOUTH 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A
DISTANCE OF 2.659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20;
THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 20 SOUTH 00027'32"
EAST A DISTANCE OF 2,533.80 FEET;
THENCE SOUTH 00'31'02" EAST A DISTANCE OF 128.12 FEET;
THENCE SOUTH 89'37'53" EAST A DISTANCE OF 741.36 FEET;
THENCE SOUTH 00"23'40" EAST A DISTANCE OF 5,339.92 FEET;
THENCE NORTH 89'41'28" WEST A DISTANCE OF 741.35 FEET;
THENCE SOUTH 89012'13" WEST A DISTANCE OF 2,651.29 FEET;
THENCE CONTINUING SOUTH 89' 12'13" WEST A DISTANCE OF 2,017.04 FEET;
THENCE NORTH 07'37'51" WEST A DISTANCE OF 181.85 FEET;
THENCE CONTINUING NORTH 07'37'51" WEST A DISTANCE OF 177.26 FEET;
THENCE NORTH 13'51'25" EAST A DISTANCE OF 158.88 FEET;
THENCE NORTH 06"18'56" EAST A DISTANCE OF 158.50 FEET;
THENCE NORTH 41006'06" WEST A DISTANCE OF 210.15 FEET;
THENCE NORTH 26'04'29" WEST A DISTANCE OF 105.18 FEET;
THENCE SOUTH 86'56'24" EAST A DISTANCE OF 331.65 FEET;
THENCE NORTH 42'01'33" EAST A DISTANCE OF 93.12 FEET;
THENCE NORTH 83'56'59" EAST A DISTANCE OF 183.30 FEET;
THENCE NORTH 11'48'39" EAST A DISTANCE OF 441.55 FEET;
THENCE NORTH 03019'09" EAST A DISTANCE OF 773.24 FEET;
THENCE NORTH 89'56'54" EAST A DISTANCE OF 565.09 FEET;
THENCE NORTH 0 I 038'50" EAST A DISTANCE OF 292.21 FEET;
THENCE NORTH 42045'40" EAST A DISTANCE OF 179.11 FEET;
THENCE SOUTH 88'59'56" EAST A DISTANCE OF 251.95 FEET;
THENCE NORTH 00'23'42" EAST A DISTANCE OF 341.51 FEET;
THENCE NORTH 51'45'14" EAST A DISTANCE OF 695.25 FEET;
THENCE NORTH 39053'57" WEST A DISTANCE OF 496.56 FEET;
THENCE NORTH 23'00'40" WEST A DISTANCE OF 301.71 FEET;
THENCE NORTH 83'29'40" EAST A DISTANCE OF 120.17 FEET;
THENCE NORTH 36004'39" EAST A DISTANCE OF 133.97 FEET;
THENCE NORTH 68023'40" EAST A DISTANCE OF 356.87 FEET;
THENCE NORTH 01"59'14" EAST A DISTANCE OF 389.47 FEET;
THENCE NORTH 75'14'38" WEST A DISTANCE OF 810.63 FEET;
THENCE NORTH 13'41' 11" EAST A DISTANCE OF 205.21 FEET;
THENCE NORTH 75'17'24" WEST A DISTANCE OF 1,312.54 FEET;
THENCE NORTH 57041'47" WEST A DISTANCE OF 49.74 FEET TO AN INTERSECTION WITH
SHEET 2 OF 5
PA&c / I
CXII-IB/r3
16A12
THE SOUTHERLY LINE OF SAID SECTION 20;
THENCE CONTINUING NORTH 5704 I '47" WEST A DISTANCE OF 42.42 FEET;
THENCE SOUTH 89054'15" WEST A DISTANCE OF 137.71 FEET;
THENCE NORTH 75037'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH
THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19;
THENCE CONTINUING NORTH 75037'25" WEST A DISTANCE OF 47.38 FEET;
THENCE NORTH 09026'37" EAST A DISTANCE OF 142.10 FEET;
THENCE NORTH 09016'01" WEST A DISTANCE OF 266.86 FEET;
THENCE NORTH 35038'02" WEST A DISTANCE OF 213.01 FEET;
THENCE NORTH 29019'33" WEST A DISTANCE OF 159.99 FEET;
THENCE NORTH 27011'18" EAST A DISTANCE OF 118.07 FEET;
THENCE NORTH 73045'38" EAST A DISTANCE OF 2]4.18 FEET;
THENCE NORTH 37056'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH
SAID EAST LINE OF SECTION 19;
THENCE CONTINUING NORTH 37056'28" EAST A DISTANCE OF 123.04 FEET;
THENCE NORTH 11013'44" EAST A DISTANCE OF ]4.22 FEET;
THENCE NORTH 11008'16" EAST A DISTANCE OF 200.70 FEET;
THENCE NORTH 48035'16" EAST A DISTANCE OF 317.54 FEET;
THENCE NORTH 23013'46" EAST A DISTANCE OF 175.00 FEET;
THENCE NORTH 14005'23" EAST A DISTANCE OF 106.59 FEET;
THENCE NORTH 30019'25" WEST A DISTANCE OF 100.76 FEET;
THENCE NORTH 79038'15" WEST A DISTANCE OF 109.47 FEET;
THENCE NORTH 87048'25" WEST A DISTANCE OF 214.41 FEET;
THENCE SOUTH 69030'19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH
THE AFORESAID EAST LINE OF SECTION 19;
THENCE CONTINUING SOUTH 69030'19" WEST A DISTANCE OF 76.61 FEET;
THENCE SOUTH 57021'29" WEST A DISTANCE OF 208.40 FEET;
THENCE NORTH 74010'26" WEST A DISTANCE OF 108.31 FEET;
THENCE SOUTH 74032'26" WEST A DISTANCE OF 252.41 FEET;
THENCE SOUTH 85019'06" WEST A DISTANCE OF 160.84 FEET;
THENCE SOUTH 80031'59" WEST A DISTANCE OF 214.50 FEET;
THENCE SOUTH 72033'26" WEST A DISTANCE OF 106.75 FEET;
THENCE SOUTH 48035'10" WEST A DISTANCE OF 160m FEET;
THENCE SOUTH 34033'13" WEST A DISTANCE OF 267.99 FEET;
THENCE SOUTH 36003'27" WEST A DISTANCE OF 214.15 FEET;
THENCE SOUTH 56007'40" WEST A DISTANCE OF 232.60 FEET;
THENCE NORTH 87053'10" WEST A DISTANCE OF 177.96 FEET;
THENCE NORTH 49042'16" WEST A DISTANCE OF 116.72 FEET;
THENCE NORTH 32032'00" WEST A DISTANCE OF 188.80 FEET;
THENCE SOUTH 88001'38" WEST A DISTANCE OF 190.67 FEET;
THENCE SOUTH 78032'52" WEST A DISTANCE OF 194.22 FEET;
THENCE NORTH 06017'55" WEST A DISTANCE OF 218.75 FEET;
THENCE NORTH 21005'48" WEST A DISTANCE OF 213.70 FEET;
THENCE NORTH 35030'21" WEST A DISTANCE OF 213.67 FEET;
THENCE NORTH 43021'44" WEST A DISTANCE OF 428.85 FEET;
THENCE NORTH 13017'06" WEST A DISTANCE OF 212.45 FEET;
THENCE NORTH I 9032'50" WEST A DISTANCE OF 267.30 FEET;
THENCE NORTH 00027'24" WEST A DISTANCE OF 321.64 FEET;
THENCE NORTH 06059'15" WEST A DISTANCE OF 127.30 FEET;
THENCE NORTH 71021'07" WEST A DISTANCE OF 130.87 FEET;
THENCE NORTH 83050'45" WEST A DISTANCE OF 275.53 FEET;
THENCE NORTH 66044'56" WEST A DISTANCE OF 338.79 FEET;
THENCE NORTH 66020'53" WEST A DISTANCE OF 284.28 FEET;
THENCE NORTH 15013'10" WEST A DISTANCE OF 101.19 FEET;
THENCE NORTH 13033'43" WEST A DISTANCE OF 492.91 FEET;
THENCE NORTH [4053'44" WEST A DISTANCE OF 285.27 FEET;
SHEET 3 OF 5
P./ldd3C I ~
E X /hi.3/T 3
16A12
THENCE NORTH 85'49'44" WEST A DISTANCE OF 112.81 FEET;
THENCE NORTH 27'50'17" WEST A DISTANCE OF 82.58 FEET;
THENCE NORTH 07'26'32" EAST A DISTANCE OF 165.49 FEET;
THENCE NORTH 28'34'42" WEST A DISTANCE OF 203.68 FEET;
THENCE SOUTH 87'05'55" WEST A DISTANCE OF 263.00 FEET;
THENCE NORTH 30'07'55" WEST A DISTANCE OF 166.88 FEET;
THENCE NORTH 45'46'47" WEST A DISTANCE OF 564.23 FEET TO AN INTERSECTION WITH
THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 55.93 FEET TO THE
WESTERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 46.76 FEET;
THENCE NORTH 01'01'07" EAST A DISTANCE OF 335.53 FEET;
THENCE NORTH 26'41'21" WEST A DISTANCE OF 308.32 FEET;
THENCE NORTH 01'32'44" EAST A DISTANCE OF 312.90 FEET;
THENCE NORTH 39'02'01" WEST A DISTANCE OF 892.38 FEET;
THENCE NORTH 01'22'15" EAST A DISTANCE OF 620.10 FEET;
THENCE NORTH 40' 19'58" WEST A DISTANCE OF 340.50 FEET;
THENCE NORTH 01'59'41" WEST A DISTANCE OF 266.38 FEET;
THENCE NORTH 42'06'14" EAST A DISTANCE OF 135.63 FEET;
THENCE NORTH 69'09'40" EAST A DISTANCE OF 198.79 FEET;
THENCE NORTH 00'50'16" EAST A DISTANCE OF 443.21 FEET;
THENCE NORTH 29'56'54" WEST A DISTANCE OF 273.98 FEET;
THENCE NORTH 30'29'39" EAST A DISTANCE OF 178.64 FEET;
THENCE NORTH 45'13'13" EAST A DISTANCE OF 243.80 FEET;
THENCE NORTH 00'50'16" EAST A DISTANCE OF 288.68 FEET;
THENCE NORTH 44'46'47" WEST A DISTANCE OF 332.47 FEET;
THENCE NORTH 00'50'16" EAST A DISTANCE OF 296.49 FEET;
THENCE NORTH 89'09'44" WEST A DISTANCE OF 296.50 FEET;
THENCE NORTH 50' 16'51" EAST A DISTANCE OF 282.66 FEET;
THENCE SOUTH 47'50'14" EAST A DISTANCE OF 213.91 FEET;
THENCE SOUTH 63'57'25" EAST A DISTANCE OF 181.27 FEET;
THENCE SOUTH 52'33'18" EAST A DISTANCE OF 214.57 FEET;
THENCE SOUTH 47'40'28" EAST A DISTANCE OF 366.78 FEET;
THENCE SOUTH 49'31 '56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH
THE WESTERLY LINE OF SAID SECTION 18;
THENCE CONTINUING SOUTH 49'31 '56" EAST A DISTANCE OF 201.57 FEET;
THENCE NORTH 78'44'35" EAST A DISTANCE OF 260.60 FEET;
THENCE NORTH 41'46'09" EAST A DISTANCE OF 212.32 FEET;
THENCE NORTH 25'24'18" EAST A DISTANCE OF 376.05 FEET;
THENCE NORTH 35'14'00" EAST A DISTANCE OF 267.20 FEET;
THENCE NORTH 12'49'24" EAST A DISTANCE OF 545.28 FEET;
THENCE SOUTH 89'04'42" EAST A DISTANCE OF 204.02 FEET;
THENCE NORTH 00'26'37" EAST A DISTANCE OF 39.32 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF SAID SECTION 18;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89'26'29" EAST A DISTANCE OF 1,446.76
FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18;
THENCE CONTINUING ALONG SAID NORTHERLY LINE AND CONTINUING SOUTH
89'26'29" EAST A DISTANCE OF 2,649.28 FEET TO THE NORTHWEST CORNER OF THE
AFORESAID SECTION 17;
THENCE SOUTH 89'28'45" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 17 A
DISTANCE OF 2,677.81 FEET TO THE NORTH QUARTER OF SAID SECTION 17;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89'38'12" EAST A
DISTANCE OF 2,677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 2,876.20 ACRES OF LAND, MORE OR LESS;
SHEET 4 OF 5
?4&6' ,.3
E;</f161 r 3
16A12
SUB1ECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON THE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INe.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS.
~~Y P.S.M. 5606
lOO56-COC SSA 16.RTF
REF. ABB DWG #10056-COC SSA 16
SHEET 5 OF 5
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SECT/ON 12
T 46 S, R 29 E
GOPHER
RIDGE II
SECT/ON 13
T 46 S. R 29 E
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SECTION 24
T 46 5, R 29 E
SEC nON 25
T 46 S. R 29 E
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16AI2
EX/Yd3IT D
SECTiON 7
T 46 S, R 30 E
SECTiON 8
T 46 S, R 30 [ P,O.B. SSA 16
SECTION 9
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SECTiON 18
T 46 S, R 30 [
SECTiON 17
T 46 S, R 30 E
SECTION 16
T 46 S, R 30 E
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SECTION 20
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SECTION 2/
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LEGAL DESCRIPTION OF CDC SSA 16 (AG-I)
A PARCEL OF LAND LY[NG IN SECTIONS 17, 18, 19,20,28,29,32 AND 33 TOWNSHIP 46
SOUTH, RANGE 30 EAST, AND SECTION 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17 SAID POINT OF
BEGINNING HAVING A COORDINATE VALUE OF E. 545853.89 N. 782385.60, AS MEASURED
ON THE FLORIDA STATE PLANE GRID, EAST ZONE, 83/90 ADJUSTMENT;
THENCE SOUTH 00004'12" WEST ALONG THE EASTERLY LINE OF SAID SECTION 17 A
DISTANCE OF 4,076.20 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00003'27" WEST A DISTANCE
OF 1,360.11 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20;
THENCE SOUTH 00030'54" EAST ALONG THE EASTERLY LINE OF SAID SECTION 20 A
DISTANCE OF 2,659.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20;
THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 20 SOUTH 00027'32"
EAST A DISTANCE OF 2,533.80 FEET;
THENCE SOUTH 00031 '02" EAST A DISTANCE OF 128.12 FEET;
THENCE SOUTH 89037'53" EAST A DISTANCE OF 741.36 FEET;
THENCE SOUTH 00023'40" EAST A DISTANCE OF 5.339.92 FEET;
THENCE NORTH 8904 ['28" WEST A DISTANCE OF 741.35 FEET;
THENCE SOUTH 89012'13" WEST A DISTANCE OF 2,651.29 FEET;
THENCE CONTINUING SOUTH 890 [2'13" WEST A DISTANCE OF 2,017.04 FEET;
THENCE NORTH 07037'51" WEST A DISTANCE OF 181.85 FEET;
THENCE CONTINUING NORTH 07037'51" WEST A DISTANCE OF 177.26 FEET;
THENCE NORTH 13051 '25" EAST A DISTANCE OF 158.88 FEET;
THENCE NORTH 06018'56" EAST A DISTANCE OF [58.50 FEET;
THENCE NORTH 41006'06" WEST A DISTANCE OF 2[0.15 FEET;
THENCE NORTH 26004'29" WEST A DISTANCE OF 105.[8 FEET;
THENCE SOUTH 86056'24" EAST A DISTANCE OF 331.65 FEET;
THENCE NORTH 42001'33" EAST A DISTANCE OF 93.12 FEET;
THENCE NORTH 83056'59" EAST A DISTANCE OF 183.30 FEET;
THENCE NORTH 11048'39" EAST A DISTANCE OF 441.55 FEET;
THENCE NORTH OJO 19'09" EAST A DISTANCE OF 773.24 FEET;
THENCE NORTH 89056'54" EAST A DISTANCE OF 565.09 FEET;
THENCE NORTH 01038'50" EAST A DISTANCE OF 292.21 FEET;
THENCE NORTH 42045'40" EAST A DISTANCE OF 179.11 FEET;
THENCE SOCTH 88059'56" EAST A DISTANCE OF 251.95 FEET;
THENCE NORTH 00023'42" EAST A D[ST ANCE OF 34 [.51 FEET;
THENCE NORTH 51045'14" EAST A DISTANCE OF 695.25 FEET;
THENCE NORTH 39053'57" WEST A DISTANCE OF 496.56 FEET;
THENCE NORTH 23000'40" WEST A DISTANCE OF 301.71 FEET;
THENCE NORTH 83029'40" EAST A DISTANCE OF 120.17 FEET;
THENCE NORTH 36004'39" EAST A DISTANCE OF 133.97 FEET;
THENCE NORTH 68023'40" EAST A D[ST ANCE OF 356.87 FEET;
THENCE NORTH 01059'14" EAST A DISTANCE OF 389.47 FEET;
THENCE NORTH 75014'38" WEST A DISTANCE OF 810.63 FEET;
THENCE NORTH 1304['11" EAST A DISTANCE OF 205.21 FEET;
THENCE NORTH 75017'24" WEST A DISTANCE OF 1,3[2.54 FEET;
THENCE NORTH 57041'47" WEST A DISTANCE OF 49.74 FEET TO AN INTERSECTION WITH
SHEET 2 OF 5
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THE SOUTHERLY LINE OF SAID SECTION 20;
THENCE CONTINUING NORTH 57041 '47" WEST A DISTANCE OF 42.42 FEET;
THENCE SOUTH 89'54'15" WEST A DISTANCE OF 137.71 FEET;
THENCE NORTH 75'37'25" WEST A DISTANCE OF 680.88 FEET TO AN INTERSECTION WITH
THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 19;
THENCE CONTINUING NORTH 75'37'25" WEST A DISTANCE OF 47.38 FEET;
THENCE NORTH 09'26'37" EAST A DISTANCE OF 142.10 FEET;
THENCE NORTH 09'16'01" WEST A DISTANCE OF 266.86 FEET;
THENCE NORTH 35'38'02" WEST A DISTANCE OF 213.01 FEET;
THENCE NORTH 29'19'33" WEST A DISTANCE OF 159.99 FEET;
THENCE NORTH 27'11'18" EAST A DISTANCE OF 118.07 FEET;
THENCE NORTH 73'45'38" EAST A DISTANCE OF 214.18 FEET;
THENCE NORTH 37'56'28" EAST A DISTANCE OF 17.41 FEET TO AN INTERSECTION WITH
SAID EAST LINE OF SECTION 19;
THENCE CONTINUING NORTH 37'56'28" EAST A DISTANCE OF 123.04 FEET;
THENCE NORTH 11'13'44" EAST A DISTANCE OF 14.22 FEET;
THENCE NORTH 11'08'16" EAST A DISTANCE OF 200.70 FEET;
THENCE NORTH 48'35'16" EAST A DISTANCE OF 317.54 FEET;
THENCE NORTH 23'13'46" EAST A DISTANCE OF 175.00 FEET;
THENCE NORTH 14"05'23" EAST A DISTANCE OF 106.59 FEET;
THENCE NORTH 30'19'25" WEST A DISTANCE OF 100.76 FEET;
THENCE NORTH 79'38'15" WEST A DISTANCE OF 109.47 FEET;
THENCE NORTH 87'48'25" WEST A DISTANCE OF 214.41 FEET;
THENCE SOUTH 69'30' 19" WEST A DISTANCE OF 80.40 FEET TO AN INTERSECTION WITH
THE AFORESAID EAST LINE OF SECTION 19;
THENCE CONTINUING SOUTH 69'30'19" WEST A DISTANCE OF 76.61 FEET;
THENCE SOUTH 57'21'29" WEST A DISTANCE OF 208.40 FEET;
THENCE NORTH 74'10'26" WEST A DlSTA:'>ICE OF 108.31 FEET;
THENCE SOUTH 74'32'26" WEST A DISTANCE OF 252.41 FEET;
THENCE SOUTH 85'19'06" WEST A DISTANCE OF 160.84 FEET;
THENCE SOUTH 80'31'59" WEST A DISTANCE OF 214.50 FEET;
THENCE SOUTH 72'33'26" WEST A DISTANCE OF 106.75 FEET;
THENCE SOUTH 48'35'10" WEST A DISTANCE OF 160m FEET;
THENCE SOUTH 34'33'13" WEST A DISTANCE OF 267.99 FEET;
THENCE SOUTH 36'03'27" WEST A DISTANCE OF 214.15 FEET;
THENCE SOUTH 56'07'40" WEST A DISTANCE OF 232.60 FEET;
THENCE NORTH 87'53'10" WEST A DISTANCE OF 177.96 FEET;
THENCE NORTH 49'42'16" WEST A DISTA:'>ICE OF 116.72 FEET;
THENCE NORTH 32'32'00" WEST A DISTANCE OF 188.80 FEET;
THENCE SOUTH 88'01'38" WEST A DISTANCE OF 190.67 FEET;
THENCE SOUTH 78'32'52" WEST A DISTANCE OF 194.22 FEET;
THENCE NORTH 06'17'55" WEST A DISTANCE OF 218.75 FEET;
THENCE NORTH 21'05'48" WEST A DISTANCE OF 213.70 FEET;
THENCE NORTH 35030'21" WEST A DISTANCE OF 213.67 FEET;
THENCE NORTH 43'21 '44" WEST A DISTANCE OF 428.85 FEET;
THENCE NORTH 13' 17'06" WEST A DISTANCE OF 212.45 FEET;
THENCE NORTH 19'32'50" WEST A DISTANCE OF 267.30 FEET;
THENCE NORTH 00'27'24" WEST A DISTANCE OF 321.64 FEET;
THENCE NORTH 06'59'15" WEST A DISTANCE OF 127.30 FEET;
THENCE NORTH 71 '21 '07" WEST A DISTANCE OF 130.87 FEET;
THENCE NORTH 83'50'45" WEST A DISTANCE OF 275.53 FEET;
THENCE NORTH 66'44'56" WEST A DISTANCE OF 338.79 FEET;
THENCE NORTH 66'20'53" WEST A DISTANCE OF 284.28 FEET;
THENCE NORTH 15'13'10" WEST A DISTANCE OF 101.19 FEET;
THENCE NORTH 13'33'43" WEST A DISTANCE OF 492.91 FEET;
THENCE NORTH 14'53'44" WEST A DISTANCE OF 285.27 FEET;
SHEET 3 OF 5
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THENCE NORTH 85'49'44" WEST A DISTANCE OF 112.81 FEET;
THENCE NORTH 27'50'17" WEST A DISTANCE OF 82.58 FEET;
THENCE NORTH 07'26'32" EAST A DISTANCE OF 165.49 FEET;
THENCE NORTH 28'34'42" WEST A DISTANCE OF 203.68 FEET;
THENCE SOUTH 87'05'55" WEST A DISTANCE OF 263.00 FEET;
THENCE NORTH 30'07'55" WEST A DISTANCE OF 166.88 FEET;
THENCE NORTH 45'46'47" WEST A DISTANCE OF 564.23 FEET TO AN INTERSECTION WITH
THE SOUTHERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 55.93 FEET TO THE
WESTERLY LINE OF THE AFOREMENTIONED SECTION 18;
THENCE CONTINUING NORTH 45'46'47" WEST A DISTANCE OF 46.76 FEET;
THENCE NORTH 01'01'07" EAST A DISTANCE OF 335.53 FEET;
THENCE NORTH 26'41'21" WEST A DISTANCE OF 308.32 FEET;
THENCE NORTH 0 I '32'44" EAST A DISTANCE OF 312.90 FEET;
THENCE NORTH 39'02'0 I" WEST A DISTANCE OF 892.38 FEET;
THENCE NORTH 01'22'15" EAST A DISTANCE OF 620.10 FEET;
THENCE NORTH 40'19'58" WEST A DISTANCE OF 340.50 FEET;
THENCE NORTH 01'59'41" WEST A DISTANCE OF 266.38 FEET;
THENCE NORTH 42'06'14" EAST A DISTANCE OF 135.63 FEET;
THENCE NORTH 69'09'40" EAST A DISTANCE OF 198.79 FEET;
THENCE NORTH 00'50'16" EAST A DISTANCE OF 443.21 FEET;
THENCE NORTH 29'56'54" WEST A DISTANCE OF 273.98 FEET;
THENCE NORTH 30'29'39" EAST A DISTANCE OF 178.64 FEET;
THENCE NORTH 45'13'13" EAST A DISTANCE OF 243.80 FEET;
THENCE NORTH 00'50' 16" EAST A DISTANCE OF 288.68 FEET;
THENCE NORTH 44'46'47" WEST A DISTANCE OF 332.47 FEET;
THENCE NORTH 00'50'16" EAST A DISTANCE OF 296.49 FEET;
THENCE NORTH 89'09'44" WEST A DISTANCE OF 296.50 FEET;
THENCE NORTH 50' 16'51" EAST A DISTANCE OF 282.66 FEET;
THENCE SOUTH 47'50'14" EAST A DISTANCE OF 213.91 FEET;
THENCE SOUTH 63'57'25" EAST A DISTANCE OF 181.27 FEET;
THENCE SOUTH 52'33'18" EAST A DISTANCE OF 214.57 FEET;
THENCE SOUTH 47'40'28" EAST A DISTANCE OF 366.78 FEET;
THENCE SOUTH 49'31 '56" EAST A DISTANCE OF 56.32 FEET TO AN INTERSECTION WITH
THE WESTERLY LINE OF SAID SECTION 18;
THENCE CONTINUING SOUTH 49'31'56" EAST A DISTANCE OF 201.57 FEET;
THENCE NORTH 78'44'35" EAST A DISTANCE OF 260.60 FEET;
THENCE NORTH 41'46'09" EAST A DISTANCE OF 212.32 FEET;
THENCE NORTH 25'24'18" EAST A DISTANCE OF 376.05 FEET;
THENCE NORTH 35'14'00" EAST A DISTANCE OF 267.20 FEET;
THENCE NORTH 12'49'24" EAST A DISTANCE OF 545.28 FEET;
THENCE SOUTH 89'04'42" EAST A DISTANCE OF 204.02 FEET;
THENCE NORTH 00'26'37" EAST A DISTANCE OF 39.32 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF SAID SECTION 18;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89'26'29" EAST A DISTANCE OF 1,446.76
FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18;
THENCE CONTINUING ALONG SAID NORTHERLY LINE AND CONTINUING SOUTH
89'26'29" EAST A DISTANCE OF 2,64928 FEET TO THE NORTHWEST CORNER OF THE
AFORESAID SECTION 17;
THENCE SOUTH 89'28'45" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 17 A
DISTANCE OF 2.677.81 FEET TO THE NORTH QUARTER OF SAID SECTION 17;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89'38'12" EAST A
DISTANCE OF 2,677.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17 AND THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 2,876.20 ACRES OF LAND. MORE OR LESS;
SHEET 4 OF 5
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16A12
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS AND DISTANCES ARE BASED ON TIIE FLORIDA STATE PLANE, EAST ZONE,
83/90 ADJUSTMENT.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS 8r. SURVEYORS AND MAPPERS.
SHEET 5 OF 5
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16A 12 I
EXHIBIT
TD
1( ~iJ1/P;J
ESCROW AGREEMENT
This ESCROW AGREEMENT is made as of the L day of I\JtUrY1~, 2008 by and
between Collier County, a political subdivision of the State of Florida ("Countt), CDC Land
Investments, Inc., a Florida Corporation ("CDC") and GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, P.A., (the "Escrow Agent").
RECITALS
WHEREAS, CDC is the owner of approximately two thousand eight hundred and seventy six
and two tenths (2,876.2) acres of land within the boundaries of the Rural Lands Stewardship Area
Zoning Overlay District ('RLSA District") located in Collier County, Florida, which land is the subject
of a Stewardship Sending Area Application 200B-AR-.13326 ('SSA Designation Application") filed by
Owner with Collier County, Florida; and
WHEREAS, Collier Enterprises Management, Inc. ('CEMI"), an entity related to CDC, has
submitted applications to Collier County, South Florida Water Management District and the United
States Department of Army, Corps of Engineers for authorization to develop the Town of Big
Cypress located within the RLSA District consistent with the provisions of Sections 4.08.06 and
4.08.07 of the Collier County land Development Code;
WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be
developed consistent with the provisions of Section 4.08.07 of the Collier County Land Development
Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant
to Section 4.08.07 of the Collier County Land Development Code;
WHEREAS, in order to develop the Town of Big Cypress in accordance with Section 4.08.07,
CEMI is required under Section 4.08.07 to exchange Stewardship Credits granted under Section
4.08.06 for the additional residential or non-residential entitlements necessary to develop the Town
as a SRA;
WHEREAS, the Owner submitted a SSA Designation Application requesting that the two
thousand eight hundred and seventy six and two tenths (2,878.2) acre parcel (hereinafter referred to
as 'CDC SSA 16") be deSignated as a Stewardship Sending Area in accordance with and pursuant
to Section 4.08.06 of the Collier County Land Development Code, and to establish Stewardship
Credits that would be available for CEMI to develop the Town of Big Cypress SRA; and
WHEREAS, Collier County reviewed SSA Designation Application, determined that the
application was legally sufficient and would generate 4,485.9 Stewardship Credits under the
provisions of Section 4.08.06; and
WHEREAS, the County, CDC and CEMI acknowledge and agree that the issuance of final,
non-appealable govemmental authorizations, including County approvals, necessary to develop the
Town of Big Cypress SRA consistent with the provisions of Section 4.08.07 will be issued
subsequent to the County approval of CDC SSA 16 and the Town of Big Cypress SRA; and
WHEREAS, the County and CDC agree that CDC SSA 16 is approved and generates
4,485.9 StewardShip Credits subject to the terms and conditions of this Escrow Agreement; and
SSA 16 Escrow Agreement 1()"15-08.DOC
Escrow Agreement - Page 1 of 5
16A12
WHEREAS, CDC agrees to interim land use limitations on CDC SSA 16 as set forth in this
Escrow Agreement until the Stewardship Sending Area Credit Agreement and Stewardship
Easement Agreement are recorded or terminated pursuant to the terms of this Escrow Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Recitals: The above recitals are true and correct and incorporated herein by reference.
2. Tender of Documents: CDC and County shall execute and deliver to the Escrow Agent the
Stewardship Sending Area Credit Agreement - CDC SSA 16 Credit Agreement and
Stewardship Easement Agreement CDC SSA 16 ("Documents").
3. The Escrow Agent shall deliver the original Documents to the County for recording in the
pUblic records of Collier County upon presentment of the following by CDC:
a. An approved SRA for the Town of Big Cypress which requires the exchange of
Stewardship Credits from CDC SSA 16 for the additional residential and non-
residential entitlements; and
b. All necessary final and non-appealable local, state and federal permits, other than a
plat, site development plan or building permit, necessary to construct the Town of Big
Cypress consistent with the provisions of Section 4.08.07 of the Collier County land
Development Code; and
In the event the approvals referenced above in Section 3 are not delivered to the Escrow
Agent on or before November 18, 2013, this Escrow Agreement shall terminate and the
original Documents shall be returned to CDC. If a challenge andlor appeal of a necessary
development order, permit or other discretionary approval is filed, CDC and County may
elect to extend the Escrow Agreement by written agreement until the challenge or appeal is
finally resolved. If the challenge or appeal is not resolved such that the construction may
commence under terms acceptable to CDC, CDC may within 180 days of the final
disposition of the challenge or appeal terminate this Escrow Agreement.
4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations
and negative covenants contained in the Documents shall be null and void without further
action from the parties hereto, the land shall revert to its underlying zoning classification prior
to the effective date of the Documents, and the Town of Big Cypress SRA shall be
terminated. If requested by CDC, Collier County shall provide a written release and
termination of this Agreement and the Documents for recording in the public records within
fifteen (15) days of the request from CDC. Collier County shall update the overlay map to
reflect the termination of CDC SSA 16 or any SRA.
5. Interim Land Use Limitations. CDC agrees to the elimination of land use layers and the land
management measures set forth in the Documents during the term of this Escrow
Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement,
CDC shall record in the public records of Collier County a notice of these interim land use
restrictions in a form acceptable to the County.
SSA 16 Escrow Agreement 1Q-15-08.Doc
Escrow Agreement - Page 2 of 5
16A12
6. Escrow Aaent Obliaations and Indemnitv: The County and COC shall hold the Escrow Agent
harmless of and from the release or failure to release the documents by the Escrow Agent
for any reason whatsoever as a result of this Escrow Agreement, except for as a result of the
willful misconduct or gross negligence ofthe Escrow Agent. The Escrow Agent is authorized
to rely on any document believed by the Escrow Agent to be authentic in making delivery of
documents hereunder.
7. Amendment: This Escrow Agreement may not be modified, amended or altered in any way
except by an amendment signed by the County and COC and acknowledged by the Escrow
Agent.
8. Govemina Law: This Escrow Agreement and all matters pertaining hereto shall be governed
by and construed in accordance with the laws of the Sta1e.of Florida.
9. Attomevs' Fees: In connection with any litigation concerning this Escrow Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, paralegal fees and
costs, including such that may be incurred at the appellate level.
10. Representation: The County acknowledges and agree that GOOOLETTE, COLEMAN,
JOHNSON, YOVANOVICH & KOESTER, P.A. represents COC and may continue to do so
while serving as Escrow Agent and notwithstanding any present or future dispute arising
under this Agreement. The parties do not object to such services by GOOOLETTE,
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. as Escrow Agent and such
representation of COC by GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH &
KOESTER, P.A. in this and other matters, and agree that such service and such
representation does not adversely affect the independent professional judgment of
GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. on behalf of any
such party or the ability of GOOOLETTE, COLEMAN, JOHNSON, YOVANOVICH &
KOESTER, P.A. to adequately represent the interest of any such party.
11. Bindina Aareement: This Escrow Agreement shall bind all successors and shall inure to the
benefit of heirs, executors, administrators or other successors in interest of the parties
hereto.
12. Interpleader: Notwithstanding any other provision herein to the contrary, if there is any
dispute between the County and COC as to the documents held hereunder, the Escrow
Agent may, in the Escrow Agent's sole discretion, interplead the documents with the Circuit
Court of Collier County be relieved of any further responsibility to the County and COC
pursuant to this Agreement.
13. Counterparts and Execution: Executed counter-part copies of the original of this document
shall be treated as if the originals were so executed and shall bind the executing party and
shall have the same force and effect as the original. Execution of this Agreement by
facsimile shall be treated as an original.
SSA 16 Escrow AgreemenI1o-15.()8.Doc
Escrow Agreement - Page 3 of 5
16A12
IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement to be
executed by their duly authorized officers or representatives and their official seals hereto affixed
the day and year first written above.
ATTEST:
\, ,"
:' ~~Ytt~~S
/ Attest; 'It to Ole 11'1l4n ,
, '.l9fl.atur~ ,',,,,,
APPROVED AS TO FORM AND
LEGA~FICIENCY:
By: of. ,/I L/t.D
Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
WITNESS:
(J, 'iJ/
L i" ')1'-'
(Sig , ature)
Elizabeth M. Dillingham
(pr~t full name)
LleJL. (),~
(Signature)
~Mk-W VI \IX
(Print full name)
SSA 16 Escrow AgreemenI10.15.08.Doc
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CDC Land Investments, Inc.
a Florida Cor oration
By:
Printe
Title:
'He
"
Escrow Agreement - Page 4 of 5
16A12
STATE OF FLORIDA
COUNTY OF COLLIER
_h u'~ J:ldJtx
The foregoing Escrow AgrE;lement w,,!~ exefuted before me th' :)Ll day of C rL,
2008,by:_J~~t1~il\) b ~VA()i)Mi& \itL -: S ofGOODLETTE,COLEMAN,
JOHNSON YOVANOVIC &KOESTER PA L ~rnLb
Notary PlJPli5j
Name: Vl-I,tuI{lc /;0
Certificate No., ' C.
My Commission expires:
MICHELE W. CA8WEU.
MY COMMISSION I 00 595116
EXPIRES: JlnllllY 14, 2011
lorKIICI'l'hI\lN9tlryPublcUnderwritOfS
ESCROW AGENT:
GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA
~.A) ~..
By: Richard D. Yovanovich
Its: v . ~t r r< > A..<._ ~
Date: I" \ L" G \"
SSA 16 Escrow Agreement 10-15-08.Doc
Escrow Agreement.. Page 5 of 5
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
13
To: Clerk to the Board: Please place the following as a:
x Normal legal Advertisement
(Display Adv" location, etc,)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Comprehensive Planning Depe
Person: Marcia R. Kendall. Senior Planner Date: 10/27/08
Petition No, (If none, give brief description): Stewardship Sending Area (SSA) #14
inj.r
Petitioner: (Name & Address): Mike Rosen, Collier Land Hold;g...., LTD, 3303 Tamiami Trail, Suite 400, Naples, FL 34103: Stuart
Miller, WilsonMiller.lnc,. 3200 Bailey Lane, SUite 200, Naples, FL 34105; Rich Yovanovich, Goodlette. Coleman, Johnson,
Yovanovich and Koester, P,A., 4001 Tamiami Trail, Ste, B, Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) NI A
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing,
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: See Attached
Companion petition(s), if any & proposed hearing date: November 18. 2008 Based on advertisement appearing 15 days before
hearing,
Does Petition Fee include advertising cost? X Yes
111-138317-649110-00000
R'll:J1J Jjj
DiVIsion Administratir or Designee
No If Yes, what account should be charged for advertising costs:
Ib-Z-{~>
Date
List Attachments: Advertisement Request and Advertisement Display Map
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 me: to
Clerk's Office
o Requesting Division
o Original
B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
16A13
November 18, 2008 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. November 2. 2008,
and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104, The advertisement
must be no less than one-quarter 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 ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
ACCOUNT NUMBER 068778
16A13
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, November 18, 2008 in the County
Commissioners Boardroom, 3'd Floor, W. Harmon Turner Building (Bldg, F,), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution, The
meeting will commence at 9:00 AM, The Title of the proposed Resolution is as follows:
RESOLUTION 2008-
A Resolution of the Collier County Board of County Commissioners
designating 1,713,5 Acres in the Rural Land Stewardship Area
Zoning Overlay District as a Stewardship Sending Area with a
designation as "CLH SSA 14"; pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending Area Credit Agreement for
CLH SSA 14, and Stewardship Easement Agreement for CLH SSA
14; approving a stewardship Sending Area Credit Agreement for SSA
14; approving a Stewardship Easement Agreement for CLH SSA 14;
approving an Escrow Agreement for CLH SSA 14; and establishing
the number of stewardship credits generated by the designation of
said Stewardship Sending Area
All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
November 18, 2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: /s/ Patricia Morgan, Deputy Clerk
(SEAL)
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16A13
RESOLUTION 2008-
A Resolution of the Collier County Board
of County Commissioners designating
1,713.5 Acres in the Rural Land
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "CLH SSA 14"; pursuant to
the terms set forth in the Escrow
Agreement, Stewardship Sending Area
Credit Agreement for CLH SSA 14, and
Stewardship Easement Agreement for CLH
SSA 14; approving a stewardship Sending
Area Credit Agreement for SSA 14;
approving a Stewardship Easement
Agreement for CLH SSA 14; approving an
Escrow Agreement for CLH SSA 14; and
establishing the number of stewardship
credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Collier Land Holdings, Ltd" a Florida limited partnership,
owns approximately one thousand seven hundred and thirteen and five tenths
(1,713.5) acres located within the boundaries of the Rural Lands Stewardship
Area Zoning Overlay District ("RLSA District") located in Collier County, Florida;
and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4,08.06 of the Collier County Land Development Code ("LDG") and the
terms of the Escrow Agreement for CLH SSA 14 Stewardship Sending Area
Credit Agreement and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CLH SSA 14 land; and
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
16A13
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship Sending Area Credit
Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH
SSA 14 are in compliance with, and meet the requirements of the LDC and
provide a substantial benefit to the general public,
NOW, THEREFORE, be it resolved by the Board that:
1,
CLH SSA 14, as described in attached Exhibit 1, consisting of one
thousand seven hundred and thirteen and five tenths (1,713.5)
acres is hereby designated as a Stewardship Sending Area
("SSA"), and will be officially designated as "CLH SSA 14" on the
Official Zoning Atlas Map pursuant to the terms of the Escrow
Agreement for CLH SSA 14, Stewardship Sending Area Credit
Agreement for CLHSSA 14 and the Stewardship Easement
Agreement for CLH SSA 14,
2,
The Stewardship Sending Area Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 2, meets the requirements of Section
4,08,06 of the LDC and the Board hereby approves the
Stewardship Sending Area Credit Agreement for CLH SSA 14.
3.
The Stewardship Easement Agreement for CLH SSA 14, attached
hereto as Exhibit 3, meets the requirements of Section 4,08,06 of
the LDC and the Board hereby approves the Stewardship
Easement Agreement for CLH SSA 14.
4.
The Escrow Agreement for CLH SSA 14, attached hereto as Exhibit
4, is hereby approved by the Board which provides for the delay of
the recordation of the Stewardship Sending Area Credit Agreement
for CLH SSA 14 and the Stewardship Easement Agreement until
such time as the proposed Town of Big Cypress SRA has received
the necessary final and non-appealable local, state and federal
permits, other than plat, site development plan and building permit,
necessary to construct the Town of Big Cypress consistent with the
provisions of Section 4,0807 of the Collier County Land
Development Code,
5,
The Board hereby establishes, grants and assigns two thousand
five hundred and fifteen and seven tenths (2,515,7) Stewardship
Credits to the Owner, which may be sold, transferred, or otherwise
utilized by the Owner in accordance with Section 4,08,04 of the
LDC and the terms of the Escrow Agreement for CLH SSA 14;
Stewardship Sending Area Credit Agreement for CLH SSA 14 and
the Stewardship Easement Agreement for CLH SSA 14,
16A13
6,
The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the CLH SSA 14 lands.
7,
By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the CLH SSA 14 Stewardship
Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this day of __, 2008, after
a Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E, BROCK
, Deputy Clerk
By:
Commissioner Tom Henning, Chairman
Approved as to form and
legal sufficiency:
By: Heidi Ashton, Assistant County Attorney
Land Use Section, Chief
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
16A13
To: CI.rk to th. Bo.rd: Pl.... pl.c. the following .s .:
x N onnallegal Advertisement
(Display Adv, , location, elc,)
o Other:
*****************************.******************************************************.***************.*****
Originating Deptl Div: Comprehensive Planning Depl.
Person: Marcia R. Kendall, Senior Planner Date: 10!27!08
Petition No, (If none, give brief description): Stewardship Sending Area (SSA) #14
Petitioner: (Name & Address): Mike Rosen, Collier Land Holdigns, L ro, 3303 Tamiami Trail, Suile 400, Naples, FL 34] 03: Stuart
Miller, WilsonMiller, Inc., 3200 Bailey Lane, Suite 200, Naples, FL 34105; Rich Y ovanovich, Goodlene, Coleman, Johnson,
Yovanovich and Koester, PA. 4001 Tamiami Trail, Ste, B, Naples, FL 34103
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 X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing,
Newspaper(s) to be used. (Complete only if important).
X Naples Dally News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Att.ch.d
Companion petition(s), if any & proposed hearing date: Novemher 18.2008 Based on advertisement appearing 15 d.ys before
hearing,
Does Petition Fee include advertising cost? X Yes No ICy.., wh.t .ccount should b. charged for .dv.rtising costs:
111-138317-649110-00000 -PO. 45(ffi~;110D
~~z --(.-01
Date
List Artachments: Adv.rtis.m.nt R.quest and Adv.rti..m.nt Display Map
DISTRIBUTION INSTRUCTIONS
A. For h.arings before BCC or BZA: lniti.ting p.rson to compl.t. on. coy .nd obtain Division Head approv.1 b.for.
submitting to County M.nag.r. Not.: IC lellal docum.ut is Involved, b. sure th.t any n.c....ry I.gal revl.w, or requ.st
for ..m., is submitted to County Attorney before submitting to County Man.ger. Th. Manag.r's office will distribute
copies:
o County Man.g.r allenda me: to
Cl.rk's Office
o R.qu.sting Division
o Original
B. Other bearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
.*****************************.*****************************************************.*********************.
FOR CLERK'S OFFICE US~ 91"!-Y:1 _ M I I,() 1..0 0
Date Received: ~ Date of Public hearing: "~ D.te Advertised: \ \l-a-\ D\
16A13
November 18, 2008 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Sundav. November 2, 2008,
and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning
Department, 2800 North Horseshoe Drive, Naples, Florida 34104, The advertisement
must be no less than one-quarter 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 ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500087160
ACCOUNT NUMBER 068778
16A13
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, November 18, 2008 in the County
Commissioners Boardroom, 3cd Floor, W, Harmon Turner Building (Bldg, F,), Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of
County Commissioners will consider the enactment of a County Resolution, The
meeting will commence at 9:00 A.M, The Title of the proposed Resolution is as follows:
RESOLUTION 2008-
A Resolution of the Collier County Board of County Commissioners
designating 1,713,5 Acres in the Rural Land Stewardship Area
Zoning Overlay District as a Stewardship Sending Area with a
designation as "CLH SSA 14"; pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending Area Credit Agreement for
CLH SSA 14, and Stewardship Easement Agreement for CLH SSA
14; approving a stewardship Sending Area Credit Agreement for SSA
14; approving a Stewardship Easement Agreement for CLH SSA 14;
approving an Escrow Agreement for CLH SSA 14; and establishing
the number of stewardship credits generated by the designation of
said Stewardship Sending Area
All interested parties are invited to appear and be heard, Copies of the proposed
Resolution are available for public inspection in the Comprehensive Planning
Department. Written comments filed with the Clerk to the Board's Office prior to
November 18, 2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/ Patricia Morgan, Deputy Clerk
(SEAL)
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NDN ACCOUNT #068778
16A13
October 27,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SSA #14 (Display Ad w/Map)
Dear Legals:
Please advertise the above referenced petition on Sunday, November 2, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
This will be a display. I have attached a map that is to be included with the
advertisement.
Thank you
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500087160
Account #111-138317-649100
Ann P. Jennejohn
To:
Subject:
Attachments:
Hi.
16 A 13,"r,!
'Iegals@naplesnews,com'
SSA #14 Display Ad w/map
SSA#14,doc; SSA#14,doc; SSA#14 Map (11-18-08),pdf
Please advertise the attached display ad (w/map) on Sunday, November 2nd, 2008,
Thank you,
Ann
~
SSA #14,doc (27
KB)
~
14!)
LSJ
SSA #14.doc (34
KB)
SSA #14 Map
'11-18-08),pdf (14"
1
Dwight E. Brock
Clerk of Courts
eoonty-6fCollier
q.J" "
CLERK OF THE CIRCllIT COURT
COLLIER COUNTY COURt{iOUSE
3301 TAMIAMll'RAIL EAST
PO, BOX 413044
NAPLES, FLORIDA 34101-3044
16 A 1:3 '''i
>.
~.:
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27,2008
Stuart Miller
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #14
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~(J.t-
Ann Jennejohn90ep~ Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
eOtlptyof Collier
CLERK OF THE C{RCt;IT COURT
COLLIER COUNTY tOURTHOUSE
3301 TAMIAMI TAAIL EAST
.'
P.O, BOX 413044
NAPLES, FLORIDA 34101-3044
16A13
17.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27, 2008
Mike Rosen
Collier Land Holdings, L TD
3303 Tamiami Trail, Suite 400
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #14
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
iliw- ~ O.C
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
'ecmnty,ofCQ llier
c
CLERK OF THE C~RCUIT COURT
COLLIER COUNTY couRfrroUSE
3301 TAMIAMI ~IL EAST
PO, BOX 41.3044
NAPLES, FLORIDA'34 101-3044
,J~,:
16A13
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 27,2008
Rich Y ovanovich
Goodlette, Coleman, Johnson,
Y ovanovich & Koester, P A
4001 Tamiami Trail, Suite B
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition:
Stewardship Sending Area #14
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing,
Sincerely,
DWIGHT E. BROCK, CLERK
~~D,('
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Ann P. Jenne'ohn
From:
Sent:
To:
Subject:
postmaster@collierclerk,com
Monday, October 27,20084:50 PM
Ann p, Jennejohn
Delivery Status Notification (Relay)
Attachments:
A TT164628,txt; SSA #14 Display Ad w/map
1':1
l;..J
I~
L::j
ATT164628,txt ;SA #14 Display Ad
(231 B) w/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,
lega Is@naplesnews.com
1
SSA #14 Display Ad w/map
Page 1 of 1
16A13
Ann P. Jennejohn
From: Pagan, Emely [EPagan@Naplesnews,com]
Sent: Monday, October 27,20085:27 PM
To: Ann p, Jennejohn
Subject: RE: SSA #14 Display Ad w/map
OK
From: Ann p, Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Monday, October 27, 2008 4:50 PM
Posted To: Legals - NDN
Conversation: 5SA #14 Display Ad w/map
Subject: SSA #14 Display Ad w/map
Hi,
Please advertise the attached display ad (w/map) on Sunday, November 2nd. 2008,
Thank you,
Ann
<<SSA #14,doc>>
<<SSA#14,doc>> <<SSA#14 Map (11-18-08),pdf>>
10/28/2008
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
16A13
NOTICE OF INTENT
TO CONSIDER RESOLUTION
Notice is hereby given that on Thesday, November 18, 2008 in the County Commis-
sioners Boardroom. 3rd Floor, W. Harmon Turner Building (Bldg, F), Collier County
Government Center, 330 I East Tamiami Trail, Naples, Florida the Board of County
Commissioners will consider the enactment of a County Resolution, The meeting will
commence at 9:00 A,M, The Title of the proposed Resolution is as follows:
RESOLUTION 2008-
A Resolution of the Collier County Board of County Commissioners designating 1,713.5
Acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship
Sending Area with a designation as "CLH SSA 14"; pursuant to the terms set forth in
the Escrow Agreement, Stewardship Sending Area Credit Agreement for CLH SSA 14,
and Stewardship Easement Agreement for CLH SSA 14; approving a stewardship Send-
ing Area Credit Agreement for SSA 14; approving a Stewardship Easement Agreement
for CLH SSA 14; approving an Escrow Agreement for CLH SSA 14; and establishing
the number of stewardship credits generated by the designation of said Stewardship
Sending Area
'111 ,!.,
N 1" I . It I. R 1~! N J> I NIl I .", '3' I
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Florid.
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STEWARDSHIP SENDING
AREAS (SSA)
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All interested parties are invited to appear and be heard. Copies of the proposed Reso-
lution are available for public inspection in the Comprehensive Planning Department.
Written comments filed with the Clerk to the Board's Office prior to November 18,
2008, will be read and considered at the public hearing,
If a person decides to appeal any decision made by the Board of County Commissioners
with respect to any matter considered at such meeting or hearing. he will need a record
of that proceeding, and for such purpose he may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING. CHAIRMAN
DWIGHT E, BROCK. CLERK
By. /s/ Patricia Morgan. Deputy Clerk
No. 231113025
November 2 2008
NAPLES DAILY NEWS
Published Dall)
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 <l
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper l time in the issue
On November 2''''. 20Q~
Affiant further say's lhat the said :'\aples Daily News is a ncv,"spapcr
Puhlishcd at Naples_ in ulllier county, Florida and that the said
newspaper has hcrdoforc been continuously published in said Collier
COUllty', F1orida~ distributed in Collier and Lee counties of Florida,
.,;ach day and has h..:en enLered as second class muilmal1cr al the post
oDic..: in ;\iaples. in said Collier Count\'. Florida, for it paiod or I
year n..:xl prc<.:..:ding the tirsl publil.:atiol1 of the attadlCU CopY' or
ad\'c:rtlsclllenL and allianl fl111her say's thaI h~ h<ls n~ither paid nor
promiso:d any pefson, firm Of corporation any discoullt, rdmte,
wmmission or refund for the purpose of securing this advertisement for
publicatioll in the said n.:\Vspaper.
o ..-----_--\
j)
( Signature of affiant)
Sworn to and subscribed before me
This 2"d,Day Of November 2008
C:'ro ''1' ~ QJ'\~~"U~~,;:,~"" GHANELA MCDONALD
(Signature of notary public) j',,' 4~ "f'1 Commission DD 650475
";);;>(.~i Expires June 29, 2011
"1,9~;,Th't-'. FJon~ThNT!'llyFair\ll\8Urance600-385-1Ot9
FEl 59-2578327
J6A'13
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1
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 Soanl Office. The completed routing slip and original
documeuts are to be forwarded to the Board Office onlyafW: 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
d j' thro . j' I hro h#4 h h
eXQ..eption of the Chairman's siR:nature, raw a me ueh routmg . mes # t Ugl , cOllJPlete tee ecklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(Ust in mutin. order)
1. Judy Puig CDES Admin. W II/lgJD~
2. v'
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 bolder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. PrimaJy 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 BeC 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 'Thomas Greenwood, Principal Plalll1er Phone Number 252-2323
Contact
Agenda Date Item was 'V''?,/i;lOM r~ 3~1 Agenda Item Number I6AI3
Approved by the BCC
Type of Document Exec Sum, Resolution, Lega] Description, Number of Original 4
Attached Credit Agreement, Easemenl Agreemenl. Documents Altached
and Escrow Agreement for SSA ]4
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes colwnn or mark "N! A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, wilh 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 Altomey's Office and signature pages from
contracts, agreements, etc. that have been fully execuled by all parties except the BCC
Chainnan and Clerk to the Board aod possibly State Officia]s.)
2. All handwritten strike-through and revisions have been initialed by the County Altomey'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 Ihe date ofBCC approval of the
document or the final ne otiated contract date whichever is a licab]e.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on ., JO' (enter date) and all changes
made during the meeting have been incorpora ed n the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Ucable.
I: Fonns/ county FonnsJ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.
Yes
{Initial
N!A(Not
A licable
Original
documents
must come
back 10 Tom
Greenwood
in Comp
Plalll1in
16A13
MEMORANDUM
Date:
December 8, 2008
To:
Thomas Greenwood, Principal Planner
Comprehensive Planning Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
SSA-14 and Resolution 2008-331
Attached, please find one certified copy of the Resolution and the original
exhibits referenced above, (Agenda Item #16A13), adopted by the Board of
County Commissioners on Tuesday, November 18, 2008.
Please forward all orie:inal documents to the Minutes & Records
Department when fully executed and recorded for the Boards
Permanent Record.
If you should have any questions, please cal1 me at 252-8411.
Thank you.
Enclosure
16A13
RESOLUTION 2008- 331
A Resolution of the Collier County Board
of County Commissioners designating
1,713.5 Acres in the Rural Land
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "CLH SSA 14"; pursuant to
the terms set forth in the Escrow
Agreement, Stewardship Sending Area
Credit Agreement for CLH SSA 14, and
Stewardship Easement Agreement for CLH
SSA 14; approving a stewardship Sending
Area Credit Agreement for SSA 14;
approving a Stewardship Easement
Agreement for CLH SSA 14; approving an
Escrow Agreement for CLH SSA 14; and
establishing the number of stewardship
credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Collier Land Holdings, Ltd., a Florida limited partnership,
owns approximately one thousand seven hundred and thirteen and five tenths
(1,713.5) acres located within the boundaries of the Rural Lands Stewardship
Area Zoning Overlay District ("RLSA District") located in Collier County, Florida;
and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code ("LDG") and the
terms of the Escrow Agreement for CLH SSA 14 Stewardship Sending Area
Credit Agreement and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CLH SSA 14 land; and
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
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WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship Sending Area Credit
Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH
SSA 14 are in compliance with, and meet the requirements of the LDC and
provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
CLH SSA 14, as described in attached Exhibit 1, consisting of one
thousand seven hundred and thirteen and five tenths (1,713.5)
acres is hereby designated as a Stewardship Sending Area
("SSA"), and will be officially designated as "CLH SSA 14" on the
Official Zoning Atlas Map pursuant to the terms of the Escrow
Agreement for CLH SSA 14, Stewardship Sending Area Credit
Agreement for CLHSSA 14 and the Stewardship Easement
Agreement for CLH SSA 14.
2.
The Stewardship Sending Area Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 2, meets the requirements of Section
4.08.06 of the LDC and the Board hereby approves the
Stewardship Sending Area Credit Agreement for CLH SSA 14.
3.
The Stewardship Easement Agreement for CLH SSA 14, attached
hereto as Exhibit 3, meets the requirements of Section 4.08.06 of
the LDC and the Board hereby approves the Stewardship
Easement Agreement for CLH SSA 14.
4.
The Escrow Agreement for CLH SSA 14, attached hereto as Exhibit
4, is hereby approved by the Board which provides for the delay of
the recordation of the Stewardship Sending Area Credit Agreement
for CLH SSA 14 and the Stewardship Easement Agreement until
such time as the proposed Town of Big Cypress SRA has received
the necessary final and non-appealable local, state and federal
permits, other than plat, site development plan and building permit,
necessary to construct the Town of Big Cypress consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code.
5.
The Board hereby establishes, grants and assigns two thousand
five hundred and fifteen and seven tenths (2,515.7) Stewardship
Credits to the Owner, which may be sold, transferred, or otherwise
utilized by the Owner in accordance with Section 4.08.04 of the
LDC and the terms of the Escrow Agreement for CLH SSA 14;
Stewardship Sending Area Credit Agreement for CLH SSA 14 and
the Stewardship Easement Agreement for CLH SSA 14.
2.
~';'-
r ,;
~y
~
6.
The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the CLH SSA 14 lands.
7.
By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the CLH SSA 14 Stewardship
Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this 18th day of November, 2008, after a
Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL RIDA
. ,Chairman
t TT~ST:~IGHT E. BR~CK (
~~ p~~ ~L
'.' Attei$tu to CIll! ~t>a Clerk
"gn:'tllre 0111 ~
Approved as to form and
legal sufficiency:
j1~d A C/(c)
By: Heidi Ashton, Assistant County Attorney
Land Use Section, Chief
16A13
AFFIDA vir
de ..;'eC__ ;': .-~ (';_F~I of Collier Enterprises Management, Inc., being first duly
sworn, depose and say that we are the applicant described herein and which is the
subject matter of the proposed hearing; that all the answers to the questions in this
application, including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest and true
to the best of our knowledge and belief. We understand that the information requested on
this application must be complete and accurate and that the content of this form, whether
computer generated or County printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has
been submitted.
As applicant we further authorize Wilson Miller, Inc. and Goodlette, Coleman, Johnson,
Yovanovich & Koester, PA to act as our representative in any matters regarding this
Petition.
WITNESS:
~// / //,j '/
'/ if? {: {-rcfc t.. <' "-rff.( l[(. C__---..
(Signature)
jfftc:Jd e / //tt t",,, f/I~
(Print full name)
COLLIER ENTERPRISES MANAGEMENT, INC.
A Florida Corporation
/U'/;t,&
By.- & ~
Printed Name:)..b ..,.", '- -i)-v'C)SI' oJ
Title: V\CC-' ?,.,' '-c'"",' N t
..l>...
(Signature)
IL
-.,----(
S+il!,I\J,.j-- C-'. 117"".1\1 J
(Print full name) /
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Sending Area Application SSA 14 was executed before
me this ~ day of C '.r , ,. ,',e ,,~ ,2008, by ( I' H ")'1 . D ~r,' I IJ, as
'V Ie I' '1)i1.~'~ ,,,,' "IT"_ of Collier Enterprises Management, Inc.,
A,'r.J!o,. SoIIllNA E. HARDY
(I. :""f' MYCOMMlSSI0NIDDB23367
- : ; EXPIRES: 0c:t0beI2S, 2010
. '.' 6a'Idtd'ThruHctlryNllcUndtrW!ltrl
.
=-j'~r,t, _..... (
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\
Notary Public
Na~~: "-',i\-R j,,--\~ ~-' _-I. '}\~~ 1.>(}
Certificate No. ur') '>;',V,'.,,, I
My Commission expires: I D 1?>sP 0 I D
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16A13
EXHIBIT1/" /
TD
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(, ,Jj, 1:'\C.
LEGAL DESCRIPTION OF SSA 14 (CAMP KEAIS STRAND - NORTH)
A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE
28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 00025'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E.
503786.03 N. 739342.64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST
lONE, 83/90 ADJUSTMENT;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00025'14" EAST A
DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 89046'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.38 FEET;
THENCE NORTH 89043'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST
CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 01034'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A
DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 85'22'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A
DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89049'46" WEST A DISTANCE
OF 1042.06 FEET;
THENCE LEAVING SAID LINE SOUTH 23046'27" EAST ALONG THE BOUNDARY OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICiAl RECORDS BOOK 2496, PAGE 660
A DISTANCE OF 730.87 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76014'46" EAST A DISTANCE OF
185.54 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24'38'00" EAST A DISTANCE OF
539.84 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53'11'32" WEST A DISTANCE
OF 757.15 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55031'11" WEST A DISTANCE
OF 2059.38 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35038'26" WEST A DISTANCE
OF 185.75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION
14;
THENCE SOUTH 00'10'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST
CORNER OF SAID SECTION 23;
THENCE SOUTH 00009'52" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 23 A DISTANCE OF 2514.67 FEET;
THENCE LEAVING SAID LINE NORTH 37034'03" EAST A DISTANCE OF 189.51 FEET;
THENCE NORTH 40'54'34" EAST A DISTANCE OF 400.24 FEET;
THENCE SOUTH 75'46'04" EAST A DISTANCE OF 831.95 FEET;
THENCE SOUTH 33'53'45" EAST A DISTANCE OF 505.35 FEET;
THENCE SOUTH 32'29'39" EAST A DISTANCE OF 493.75 FEET;
THENCE SOUTH 31'22'16" EAST A DISTANCE OF 98.72 FEET;
SHEET 2 OF 3
f" h, b ,I- I
f 1.~______
16A13
THENCE SOUTH 22'47'19" EAST A DISTANCE OF 745.61 FEET;
THENCE SOUTH 20'56'19" EAST A DISTANCE OF 478.90 FEET;
THENCE SOUTH 03'50'20" WEST A DISTANCE OF 85.72 FEET;
THENCE SOUTH 50'52'47" WEST A DISTANCE OF 223.93 FEET;
THENCE SOUTH 51'02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION
WITH A LINE 100.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY
RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846 -100' RIGHT OF WAY);
THENCE ALONG SAID PARALLEL LINE SOUTH 89'42'14" EAST A DISTANCE OF 1409.00
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A
DISTANCE OF 2661.70 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A
DISTANCE OF 2696.18 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A
DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 1713.51 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
-G~1~~NEY P.S.M.5606
GWH /9819-SD.RTF
REF. ABB DWG # 9819-SD
SHEET 3 OF 3
~ 4141 ,
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EXHIBIT .;l
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STEWARDSHIP SENDING AREA CREDIT AGREEMENT
(CLH SSA 14)
THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into this ~ day of
J\fOdrYlbi./ , 2008, by and between COLLIER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "County" whose mailing address is the
Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Collier
Land Holdings, Ltd., a Florida limited partnership ("CLH") hereinafter referred to as
"Owner", whose mailing address is 3003 Tamiami Trail North,Suite 400, Naples,
Florida 34103, for the purpose of designating a "Stewardship Sending Area" ("SSA")
on certain lands belonging to Owner, eliminating Land Use Layers from said lands,
and assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06. of the
Collier County Land Development Code ("LDG").
WITNESSETH:
WHEREAS, CLH is the owner of approximately one thousand seven hundred
thirteen and five tenths (1,713.5) acres of land within the boundaries of the Rural
Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida, which land is the subject of a Stewardship Sending Area Application
(Application 2007-AR-12490) filed by Owner with Collier County, Florida; and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related
to CLH, has submitted application to Collier County, South Florida Water
Management District and the United States Department of Army, Corps of Engineers
for authorization to develop the Town of Big Cypress located within the RLSA District;
WHEREAS, CEMI has advised Collier County that the Town of Big Cypress
will be developed consistent with the provisions of Article 4.09.00 of the Collier
County Land Development Code, which will include the submittal of a Stewardship
Receiving Area (SRA) application pursuant to Section 4.08.07 of the Collier County
Land Development Code;
WHEREAS, in order to develop the Town of Big Cypress in accordance with
Article 4.08.00, CEMI is required under Section 4.08.07 to exchange Stewardship
Credits granted under Section 4.08.06 in order to receive additional residential or
non-residential entitlements for the SRA;
WHEREAS, Owner has requested that the one thousand seven hundred
thirteen and five tenths (1,713.5) acre parcel legally described in the attached Exhibit
"A" (hereinafter referred to as "CLH SSA 14") and depicted on Exhibit "B" be
designated as a Stewardship Sending Area in accordance with and pursuant to
Section 4.08.06. of the Collier County land Development Code, to establish
Stewardship Credits for CEMI to develop the Town of Big Cypress SRA; and
SSA 14 Credit Agreement 10-15-08
1
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16A13
WHEREAS, Owner has submitted, and the County has reviewed, a SSA
Designation Application filed with the County on October 29, 2007 for the CLH SSA
14 land described in Exhibit "A" and
WHEREAS, Collier County has reviewed the SSA Designation Application,
along with all support documentation and information required by Section 4.08.06. of
the Collier County LDC and determined that the Owner's application is legally
sufficient and should be granted; and
WHEREAS, the County and Owner have reached agreement concerning the
number of Stewardship Credits that are to be generated by the designation of the
CLH SSA 14 described in Exhibit "A" as a SSA, and the parties further intend to
specify the land uses that are eliminated from, and those land uses that remain on,
CLH SSA 14; and
WHEREAS, the County and Owner agree that this Agreement is in compliance
with and fully meets the requirements of the Collier County Growth Management Plan
and LDC and is of substantial benefit to the general public.
NOW THEREFORE in consideration of the above premises and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and in further consideration of the mutual covenants contained
herein, the parties agree as follows:
1.
Land Desianated as SSA.
CLH SSA 14 as described in Exhibit "A", consisting of approximately
one thousand seven hundred thirteen and five tenths (1,713.5) acres, is hereby
designated a Stewardship Sending Area ("SSA"), and officially designated as SSA 14
("CLH SSA 14").
2.
Land Use Lavers.
The following Land Use Layers as described in the Land Use Matrix in
Section 4.08.06 8.4. of the Collier County LDC are hereby eliminated from and
prohibited within CLH SSA 14.
a. Within CLH SSA 14, Land Use Layers 1 through 4, inclusive, as
described in Section 4.08.06 8.4. of the LDC, are hereby eliminated on one
thousand seven hundred thirteen and five tenths (1,713.5) acres of SSA 14
designated as AG-1 on Exhibit "C." The area designated as AG-1 on Exhibit
"C" may be utilized for the uses included within Agriculture - Group 1 (Land
Use Layer 5), Agriculture - Support Uses (Land Use Layer 6), Agriculture _
Group 2 (Land Use Layer 7), and Conservation, Restoration, and Natural
Resources (Land Use Layer 8).
2
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16A13
b. The Owner reserves the right pursuant to Section 4.08.06 of the LOC to
amend this SSA in the future to remove one or more additional Land Use
Layers and/or for restoration activities in return for additional Stewardship
Credits. Nothing in this provision, Agreement, Stewardship Easement
Agreement or the County LOC shall preclude the Owner's right to remove one
or more additional Land Use Layers and/or restoration activities for use as
compensation, mitigation or conservation measures under any program
established by the County, state or federal statute, regulation or ordinance.
c. The County agrees that the removal of Land Use Layers to generate
Stewardship Credits under this Agreement does not preclude the use of such
removal as compensation, mitigation or conservation measures under any
program established by County, state or federal statute, regulation or
ordinance for activities conducted in a Stewardship Receiving Area utilizing the
Stewardship Credits generated through this Agreement. The County also
agrees that nothing in this Agreement, Stewardship Easement or County LDC
precludes the Owner's right to remove one or more additional Land Use
Layers and/or restoration activities for use as compensation, mitigation or
conservation measures under any program established by County, state or
federal statute, regulation or ordinance.
3.
Natural Resource Index Assessment.
A Natural Resource Index Assessment Worksheet ("Worksheet") for
CLH SSA 14 is attached to this Agreement as Exhibit "0". The Worksheet quantifies
the number of acres by Index Values, sets forth the level of conservation, identifies
the land designated for restoration, sets forth the restoration potential and establishes
the number of Stewardship Credits generated. The Worksheet also quantifies the
number of Early Entry Bonus Credits generated by the designation of CLH SSA 14.
The total number of Stewardship Credits hereby generated and assigned to Owner
by this Agreement for CLH SSA 14 are two thousand five hundred fifteen and seven
tenths (2,515.7) Stewardship Credits, all of which are immediately available and may
be sold, transferred, or otherwise utilized by the Owner in accordance with Section
4.08.06. of the Collier County LOC.
4.
Exchanqe Rate.
The Stewardship Credits generated and assigned for the establishment
of the SSA on CLH SSA 14 herein may be transferred to a Stewardship Receiving
Area (SRA) in exchange for the development of land at the rate of eight (8)
stewardship Credits for the development of one acre of land in a SRA.
5.
Land Manaqement Measures.
On those lands within CLH SSA 14 on which Land Use layers 1 through 4
are eliminated, land management measures may consist of one or more of the
following: brush clearing, mechanical brush control ("chopping"), prescribed burning,
SSA 14 Credit Agreement 10-15-08 3
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16 A 13
other exotic and nuisance species control, fence construction and maintenance,
silvaculture management, and ditch and ranch road maintenance, to maintain the land
in its existing condition. In addition to the land management measures listed above, the
following land management measures may be utilized; such as disking; irrigation, ditch,
dike and pumping construction and maintenance; farm road construction and
maintenance; storage of farming equipment; and other practices associated with the
uses under Land Use Layers 5 - 8, inclusive, may be utilized.
6.
References.
The references herein to the LOC provisions are those contained in
Section 4.08.06. of the Collier County LOC existing as of the date this Agreement
becomes effective and those provisions of the LDC shall control as to the rights,
obligations, implementation or interpretations of this Agreement and rights of Owner
in the CLH SSA 14, unless the Owner elects in writing that subsequently enacted
LOC provision may govern the provisions of this Agreement.
7.
Lavers Included.
The retention of any Land Use Layer also includes the retention of all
Land Use Layers that are less intensive in nature and that are listed below that Land
Use Layer (higher numbered layers) in Section 4.08.06 BA. of the LOC, including the
retention of Conservation Restoration and Natural Resource uses as contained in the
Land Use Matrix contained in Section 4.08.06 BA.b. of the LOC.
8.
Restriction on Land Use Amendments.
Upon designation of the land described in Exhibit "A" as an SSA, the
Owner shall not seek or request, and the County shall not grant nor approve, any
increase in the density or any additional uses beyond those specified in this
Agreement. Six hundred sixty five and two tenths (665.2) acres of the lands subject
to this Agreement are within a Habitat Stewardship Area (HSA) and one thousand
forty eight and two tenths (1,048.2) acres of the lands subject to this Agreement are
within a Flow Way Stewardship Area (FSA) and one tenth (0.1) acres of Water
Retention Area (WRA) depicted on the RLSA Overlay Map, officially entitled "Collier
County Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon
designation of these lands as an SSA, the Owner shall neither seek nor request, and
the County shall not in violation of Sections 4.08.06 A.2. and 3., thereafter grant or
approve any expansion or conversion of agricultural land uses. Notwithstanding any
condition herein to the contrary, this Agreement and the Stewardship easement shall
terminate on November 18, 2013 unless the CLH SSA 14 Stewardship Credits have
been exchanged for the Town of Big Cypress SRA, and the Town of Big Cypress
SRA has received all necessary final and non-appealable local, state and feeral
permits other than a plat, site development plan or building permit, necessary to
commence construction of the Town. All affirmative obligations and negative
covenants contained in this Agreement and the Stewardship Easement shall be null
and void upon such termination without further action from the parties hereto. Upon
4
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16A13
such termination the land shall revert to its underlying zoning classification as of the
date of this Agreement, free and clear of any encumbrance from the Stewardship
Easement. If requested by the Owner, Collier County shall provide a written release
and termination of this Agreement and the Stewardship easement for recording in the
public records within fifteen (15) days of the request from the owner. Collier County
shall update the overlay map to reflect the termination of CLH SSA 14 or any SRA.
9.
Effectiveness.
This Agreement shall be effective upon its execution by both parties.
The terms, conditions, and obligations hereunder shall constitute covenants that run
with the land and may be enforceable by either party in the circuit courts for the 20th
Judicial Circuit in Collier County. In the event that either party hereto shall institute
legal proceedings in connection with or for the enforcement of this Agreement, the
prevailing party shall be entitled to an award of reasonable attorney's fees, costs and
expenses, to be taxed by a court of competent jurisdiction, which are directly related
to any court trial and appellate proceedings.
10. Easement Aareement.
Attached hereto as Exhibit "E" is a copy of the Stewardship Easement
Agreement (without Exhibits) that will be executed by Owner and recorded by the
Escrow agent in accordance with the terms of the Escrow Agreement executed
simultaneously with this Agreement. The Stewardship Easement Agreement grants a
perpetual easement in favor of Collier County and the Florida Department of
Agriculture and Consumer Services setting forth specific land management measures
and the party responsible for such measures for the CLH SSA 14 land described in
Exhibit "A" which is the subject of this Agreement.
11. FSA/HSAlWRA Lands.
One thousand seven hundred thirteen and five tenths (1,713.5) acres of
CLH SSA 14 are within a Habitat Stewardship Area (HSA), Flow Way Stewardship
Area (FSA) and WRA contiguous to the Camp Keais Strand Flow-way. The HSA,
FSA, and WRA lands are depicted on Exhibit "F".
12. Successors and Assians.
As used in this Agreement the term "Owner" shall include the owner, its
successors and assigns of any of the CLH SSA 14 land described in Exhibit "A".
13. Amendments.
This Agreement may only be amended by written agreement of all
parties hereto.
SSA 14 Credit Agreement 10-15-08
5
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16A13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed b.x- their duly authorized officers or representatives and their official seals
hereto' ~ed the day and year first written above.
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Attest H to Ch11 rm.ul ,
S t9/latllre Cll,'
APPROVED AS TO FORM AND
LEGAL S"'FFIC:ENCY:
By: fiA04 A/t)r 0 ~
Hei i Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
BOARD OF COUNTY COMMISSIONERS
COLLIER C NT'J': FLORIDA
By:
Tom Henning, Chairma
WITNESS:
COLLIER LAND HOLDINGS, L TO.
a Florida Limited Partnership
'->"'b" ~',-=.J \.,. .
(Signature)
( ,,/ '.
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.
By:
Collier Enterprises, Inc.
a Florida Corporation,
it's Ge ral Partner
'-:-nJ,1~;t~ F - r.-j-:7~O\"J
(Print full name)
L.LL.'Z';i>a.,'.k;:J/.c .
(Signature)
By:
Printed Name:
Title: !/i~' jJ...e.,,'~
..
';?,,,A7'7(/(' ~ " r;;.~.~ K' A
(Print full name)
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16A13
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Sending Area Credit Agreement was executed before me
this 'L day of _\.-,c-c',,_L,',-_. 2008, by -:~,\,\).-", L ('"\,,,,,.--. as
\~ ,( ~"c", t>-; '"' '\ of Collier Enterprises, Inc., General Partner of Collier Land
Holdings. ltd.
SHIINA E.IWV/
m' tCI COMMISSION I 00 B23367
{ }" EXPIRES: Qc\Ob8I28. 2010
. _ThN--'''''''''-
-' - '.~-~'_.),-\-- //~
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Notary Public
i~ame; '="'\1.\1.'>- L rJ"RI\\~
Certificate No. DI) ;; ;)j',,<c,'
My Commission expires: )1) It ~ /-; (, \ ':\
i I
SSA 14 Credit Agreemenl J()..IS..()8
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LIST OF EXHIBITS
CLH SSA 14 Credit Agreement
Exhibit "A" CLH SSA 14 Land Legal Description
Exhibit "8" CLH SSA 14 (1,713.5 acre parcel) depicted on Map of SSA Land
Exhibit "C" Retained Land Uses
Exhibit "D" Natural Resource Index Assessment Worksheet
Exhibit "E" Stewardship Easement Agreement
Exhibit "F" FSA I HSA I WRA I Open Lands
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EXHIBIT A
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LEGAL DESCRIPTION OF SSA 14 (CAMP KEAIS STRAND - NORTH)
A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE
28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 00'25'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E.
503786.03 N. 739342.64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST
ZONE, 83/90 ADJUSTMENT;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00'25'14" EAST A
DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 89'46'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.38 FEET;
THENCE NORTH 89'43'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST
CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 01'34'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A
DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 85'22'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A
DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89'49'46" WEST A DISTANCE
OF 1042.06 FEET;
THENCE LEAVING SAID LINE SOUTH 23'46'27" EAST ALONG THE BOUNDARY OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 660
A DISTANCE OF 730.87 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76'14'46" EAST A DISTANCE OF
185.54 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24'38'00" EAST A DISTANCE OF
539.84 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53'11'32" WEST A DISTANCE
OF 757.15 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55'31'11" WEST A DISTANCE
OF 2059.38 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35'38'26" WEST A DISTANCE
OF 185.75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION
14;
THENCE SOUTH 00'10'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST
CORNER OF SAID SECTION 23;
THENCE SOUTH 00'09'52" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 23 A DISTANCE OF 2514.67 FEET;
THENCE LEAVING SAID LINE NORTH 37'34'03" EAST A DISTANCE OF 189.51 FEET;
THENCE NORTH 40'54'34" EAST A DISTANCE OF 400.24 FEET;
THENCE SOUTH 75'46'04" EAST A DISTANCE OF 831.95 FEET;
THENCE SOUTH 33'53'45" EAST A DISTANCE OF 505.35 FEET;
THENCE SOUTH 32'29'39" EAST A DISTANCE OF 493.75 FEET;
THENCE SOUTH 31'22'16" EAST A DISTANCE OF 98.72 FEET;
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THENCE SOUTH 22'47'19" EAST A DISTANCE OF 745.61 FEET;
THENCE SOUTH 20'56'19" EAST A DISTANCE OF 478.90 FEET;
THENCE SOUTH 03'50'20" WEST A DISTANCE OF 85.72 FEET;
THENCE SOUTH 50'52'47" WEST A DISTANCE OF 223.93 FEET;
THENCE SOUTH 51'02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION
WITH A LINE 100.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY
RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846 -100' RIGHT OF WAY);
THENCE ALONG SAID PARALLEL LINE SOUTH 89'42'14" EAST A DISTANCE OF 1409.00
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A
DISTANCE OF 2661.70 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A
DISTANCE OF 2696,18 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A
DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 1713.51 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
AGNOLl, BARBER AND BRUNDAGE. INC.
PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS AND MAPPERS
A-A.' ~
-GE3il6i\4:'HAC~NEY P.S.M.5606
GWH /9819-SD.RTF
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EXHIBIT B
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Table 7
STEWARDSHIP CREDITS GENERATED
Q'
1850.5
665.2
2515.7
Earl
WiI_Miller
SSA 14 Credit Agreement
Exhibit D
1 6 ,~ 13
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16A13
NOTE
SSA 14 CREDIT AGREEMENT
"EXHIBIT E"
IS THE
STEWARDSHIP EASEMENT AGREEMENT
AND ALL INCLUDED EXHIBITS
PLEASE SEE
STEWARDSHIP EASEMENT AGREEMENT
fiJII/a/ T Z
F/}{.-L- /7
SSA 14 Credit Agreement 10-15-08
16A13
EXHIBIT F
ft,(lIi?il Z.
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16A13
16A13
EXHIBIT -3
It;
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This Instrument Prepared by:
Richard D. Yovanovich, Esq.
Goodlette, Coleman, Johnson, Yovanovich & Koester, PA
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
STEWARDSHIP EASEMENT AGREEMENT
(CLH SSA 14)
THIS STEWARDSHIP EASEMENT is granted this ~ day of l~(AM)lly; 2008,
by Collier Land Holdings, Ltd., a Florida Limited partnership whose address is 3003
Tamiami Trail North, Suite 400, Naples, Florida 34103, hereinafter called "Grantor", to
Collier County, a political subdivision of the State of Florida, and Florida Department of
Agriculture and Consumer Services, hereinafter collectively called the "Grantees".
RECITALS
A. Grantor is the owner of approximately one thousand seven hundred
thirteen and five tenths (1,713.5) acres of land situated in Collier County,
Florida, and more specifically described in Exhibit "A" attached hereto and
incorporated herein by reference (hereinafter "Property" or "CLH SSA 14").
B. Grantor and Collier County entered into a Stewardship Sending Area
Credit Agreement ("SSA Agreement") of even date herewith, which
designated the Property "Camp Keais Strand Flow-way Sending Area 14
("CLH SSA 14"). This one thousand seven hundred thirteen and five
tenths (1,713.5) acre parcel, as legally described in Exhibit "A", has been
designated as a "Stewardship Sending Area" ("SSA") in accordance with
Section 4.08.06 of the Collier County Land Development Code ("LDC").
The Property is depicted on Exhibit "B".
C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor
to provide a perpetual Stewardship Easement identifying the specific land
management measures for CLH SSA 14 and the party responsible for
such measures. . I
D. In exchange for the designation of the Property as SSA, the County has
granted and assigned to Grantor two thousand five hundred fifteen and
seven tenths (2,515.7) Stewardship Credits. Stewardship Credits will
allow Grantor to entitle three hundred and fourteen and five tenths (314.5)
acres for development within the Rural Lands Stewardship Area District.
SSA 14 Easement Agreement 10-15-08
__>.i.
16A13
E. The purposes of this Stewardship Easement are (1) to designate the
allowed uses of the Property consistent with the terms of the SSA
Agreement, (2) to identify specific land management measures and the
party responsible, (3) to provide for the enforcement of the Stewardship
Easement; and (4) in the areas to be restored by Grantor, to provide the
restoration improvements and success criteria.
NOW THEREFORE, in consideration of the designation of the Property as
Stewardship Sending area, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants,
creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for
and in favor of the Grantees upon the property described in Exhibit "A", which shall run
with the land and be binding upon the Grantor, its successors and assigns (hereafter
collectively "Grantor") and shall remain in full force and effect forever. It is agreed as
follows:
1.
The recitals and exhibits are incorporated by reference as if repeated
verbatim herein.
2.
Exhibit "C" depicts and Exhibit "0" also describes the one thousand seven
hundred thirteen and five tenths (1,713.5) acres within CLH SSA 14 where
the following four (4) Land Use Layers are eliminated and the property is
henceforth prohibited from being utilized for the following land uses, as
defined in Section 4.08.06 8.4 of the LOC:
a. Residential Land Uses, also described as Land Use Layer 1.
b. General Conditional Uses, also described as Land Use Layer 2.
c. Earth Mining and Processing Uses, also described as Land Use
Layer 3.
d. Recreational Uses, also described as Land Use Layer 4.
3.
Grantor reserves all other rights as Owner of the Property, including the
right to engage in all other uses of the Property that are not inconsistent
with the SSA Agreement or the intent and purposes of this Stewardship
Easement. Grantor may use CLH SSA 14 only for the land uses set forth
in this paragraph:
a. The lands in CLH SSA 14 land depicted on Exhibit "C" and
described on Exhibit "0" as having had the first four (4) Land Use
Layers eliminated, may also be used for Agriculture - Group 1
(Land Use Layer 5); Agriculture - Support Uses (Land Use Layer
6); Agriculture - Group 2 (Land Use Layer 7) as defined in Section
SSA 14 Easement Agreement 10-15-08 2
C)(/h8/T3
16A13
4.08.06 8.4 of the LOC. Those land uses are permitted to continue,
and may convert from one type of Agriculture to another.
Conservation, Restoration, and Natural Resources (Land Use
Layer 8) Uses are allowed on all of the Property, including the
specifics thereof set forth in Section 4.08.06 8.4.b. of the LOC.
b. Pursuant to Section 4.08.06 of the LOC, Grantor retains the right to
amend this SSA in the future to remove one or more additional
Land Use Layers and/or for restoration activities in return for
additional Stewardship Credits. Nothing in this provision,
Stewardship Easement or County LOC shall preclude Grantor's
right to remove one or more additional Land Use Layers and/or
restoration activities for use as compensation, mitigation or
conservation measures under any program established by County,
state or federal statute, regulation or ordinance.
c. Grantor retains the right to construct and maintain farm and ranch
roads to access its lands within the Property for the purposes
retained herein.
d. Grantor retains the right to engage in traditional activities on the
Property, such as, but not limited to hiking, hunting (including
organized hunting activities), nature observatory and other eco-
observation excursions, and other such occasional non-destructive
activities.
4.
The Grantees shall have the right to enjoin any activity on or use of the
Property that is inconsistent with this Stewardship Easement and to
enforce the restoration of such areas or features of the Property that may
be altered by any inconsistent activity or use. Notwithstanding the above,
Grantor shall not be liable for or be obligated to restore alterations of the
Property caused by third-parties or acts of God.
5.
On those lands within CLH SSA 14 on which Land Use layers 1 through 4
are eliminated, land management measures may consist of one or more of
the following: brush clearing, mechanical brush control ("chopping"),
prescribed burning, other exotic and nuisance species control, fence
construction and maintenance, silvaculture management, and ditch and
ranch road maintenance, to maintain the land in its existing condition. In
addition to the land management measures listed above, the following
land management measures may be utilized; such as disking; irrigation,
ditch, dike and pumping construction and maintenance; farm road
construction and maintenance; storage of farming equipment; and other
practices associated with the uses under Land Use Layers 5 - 8, inclusive,
may be utilized.
SSA 14 Easement Agreement 10.15.08
3
r)(;I/i3i/y
16A13
6. Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
7. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
8. References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
9. Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise its rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
10. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
11. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party
or successor-in-interest.
13. This Stewardship Easement may be amended, altered, released or
revoked only by written agreement of both Grantor and Grantees, which
shall be filed in the Public Records of Collier County, or as provided for in
the Escrow Agreement between the Grantor and the County dated
November 18, 2008.
SSA 14 Easement Agreement 10.15-08
4
16A13
6. Grantees shall not be responsible for any costs or liabilities related to the
operation of or land management measures for the Property, except for
damage or alteration of the Property caused in whole or in part by
Grantee's acts or omissions.
7. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the Property.
8. References to the LDC are to those provisions of Section 4.08.06 of the
Collier County Land Development Code in existence as of the date of this
Stewardship Easement Agreement and those LDC provisions shall control
as to all rights, obligations, implementation, entitlements, land uses
eliminated and permitted, and interpretations, requirements, or issues
relating thereto, notwithstanding any future amendments thereto.
9. Enforcement of the terms and provisions of the Stewardship Easement
shall be at the reasonable discretion of Grantees, and any forbearance on
behalf of Grantees to exercise its rights hereunder in the event of any
breach hereof by Grantors, shall not be deemed or construed to be a
waiver of Grantees' rights hereunder. All costs and reasonable attorneys'
fees incurred in enforcing, judicially or otherwise, the terms and
restrictions of this Stewardship Easement shall be borne by and
recoverable against the non-prevailing party in such proceedings.
10. Grantees will hold this Stewardship Easement for the purposes set forth
herein and to ensure compliance with the terms hereof. Grantees will not
assign their rights and obligations under this Stewardship Easement
except to another organization qualified to hold such interests under the
applicable state laws.
11. If any provision of this Stewardship Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the
provisions of this Stewardship Easement shall not be affected thereby, so
long as the purpose of the Stewardship Easement is preserved.
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party
or successor-in-interest.
13. This Stewardship Easement may be amended, altered, released or
revoked only by written agreement of both Grantor and Grantees, which
shall be filed in the Public Records of Collier County, or as provided for in
the Escrow Agreement between the Grantor and the County dated (\/o,c..lkr-
I ~th., 2008.
SSA 14 Easement Agreement 10-15-08
4
c-Xtflffi/ 5
---.--\.
16A13
14. Grantee acknowledges that the removal of Land Use Layers to generate
Stewardship Credits under the Stewardship Easement does not preclude
the use of such removal as compensation, mitigation or conservation
measures under any program established by County, state or federal
statute, regulation or ordinance for activities conducted in a Stewardship
Receiving Area utilizing the Stewardship Credits generated by the
Stewardship Easement. Grantee also acknowledges that nothing in this
Stewardship Easement or County LOC precludes Grantor's right to
remove one or more additional Land Use Layers and/or restoration
activities for use as compensation, mitigation or conservation measures
under any program established by County, state or federal statute,
regulation or ordinance either concurrent with or independent of the
generation of additional Stewardship Credits.
TO HAVE AND TO HOLD unto grantees, their successors and assigns forever.
These covenants, terms, conditions, restrictions and purposes imposed with this
Stewardship Easement shall not only be binding upon Grantor, but also its successors
and assigns, and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with Grantees that Grantor is lawfully seized of the
Property in fee simple; that the Property is free and clear of all encumbrances that are
contrary to this Stewardship Easement; that Grantor has good right and lawful authority
to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the
Stewardship Easement hereby conveyed and will defend same against the lawful claims
of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the
18th day of November, 2008.
SSA 14 Easement Agreement 10-15.08
5
f~hlb,~ 3
16A13
GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT
WITNESS:
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
By:
Print Name
Its:
Name
Signature
Name
Signature
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed before me this _ day
of , 2008, of the Florida Department of Agriculture and Consumer
Services.
'. \, \, ' 'r;-
,;1 ,~
,"
'w ~,
.;....
-<:
Notary Public
Name
Certificate No.
My Commission Expires
,,,
. ,
,"', ".'
,'"
~~4Cc
Attest as to Chal~" s
11Q/laturt. on"
:-",
BOARD OF COUNTY C MMISSIONERS
COLLIER CO TY, E RIDA
APPROVED AS TO FORM AND
LEGAL UFFICIENCY:
By:
SSA 14 Easement Agreement 10.15-08
6
E )(/'/-/B I r 3"
16A13
WITNESS:
COLLIER LAND HOLDINGS. L TO.
A Florida Limited Partnership
_,v,. .~ ,~:-I t. ,J, /
(Signature )
v
By: Collier Enterprises, Inc.
a Florida corporation, it's
general partner
;~~~tf~~ n~~et". '. lj
~~
(Signature)
~
?//
. ~ ,/1
BY:::<4
Printed N e: 1-1, Li4 -)<e L, 1> P C'"A: ,,"
Title: ""z. (hcr: ')110'.'<:,[, :c"'11
;; S"
r;. -h I~J,'") -h4,~/). D /~J< ofL
(Print full name) '"
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stewardship Easement Agreement was executed before me this .2.D2
day of ~-L'C\\^.-h (,v~ . 2008. by H ''-''/.,'o.L ij .Il h.f 5'1\' , as
;::,~, . l'\<:(' f? ~'IDr1" lof Collier Enterprises, Inc., General Partner of Collier Land
Holdings, Ltd.
SHlIIIA E. HAADY
MY COMMISSION I 00 823367
EXPIRES: ()cIDber28. 2010
BorldIdThNN*'YPublIC~
v,In..
Notary Public
Name: ;;",;,IA'"il- "-,, ,!q AI!.'1--!
Certificate No. ~
My Commission expires: i ro/ 2 ~ /2 C J ()
; /
_I \ I.'
"",-- -L<_> ~ ('
SSA 14 Easenu:nt AgreemenIIO.I~.o8
7
P-f/fI{3113
__"_._--..LI.:
LIST OF EXHIBITS
CLH Stewardship Sending Area 14 Stewardship Easement Agreement
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
CLH SSA 14 Land Legal Description
CLH SSA 14 (1,713.5 acre parcel) depicted on Map of SSA Land
Retained Land Uses
Legal Description of CLH SSA 14
SSA 14 Easement Agreement 10-15-08
8
16A13
EA'~/'}:ir -3
16A13
CLH SSA 14
STEWARDSHIP EASEMENT AGREEMENT
. EXHIBITS
9
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16AJ
EXHIBIT A
TO
STEWARDSHIP EASEMENT AGREEMENT
CLH SSA 14-Land Legal Description
10
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LEGAL DESCRIPTION OF SSA 14 (CAMP KEAlS STRAND - NORTH)
A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE
28 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 00025'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E
503786.03 N. 739342.64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST
ZONE, 83190 ADJUSTMENT;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00025'14" EAST A
DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 89046'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.38 FEET;
THENCE NORTH 89043'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST
CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 01034'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A
DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 85022'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A
DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89049'46" WEST A DISTANCE
OF 1042.06 FEET;
THENCE LEAVING SAID LINE SOUTH 23046'27" EAST ALONG THE BOUNDARY OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 660
A DISTANCE OF 730.87 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76014'46" EAST A DISTANCE OF
185.54 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24038'00" EAST A DISTANCE OF
539.84 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53011'32" WEST A DISTANCE
OF 757.15 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55031'11" WEST A DISTANCE
OF 2059.38 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35038'26" WEST A DISTANCE
OF 185.75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION
14;
THENCE SOUTH 00010'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST
CORNER OF SAID SECTION 23;
THENCE SOUTH 00009'52" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 23 A DISTANCE OF 2514.67 FEET;
THENCE LEAVING SAID LINE NORTH 37034'03" EAST A DISTANCE OF 189.51 FEET;
THENCE NORTH 40054'34" EAST A DISTANCE OF 400.24 FEET;
THENCE SOUTH 75046'04" EAST A DISTANCE OF 831.95 FEET;
THENCE SOUTH 33053'45" EAST A DISTANCE OF 505.35 FEET;
THENCE SOUTH 32029'39" EAST A DISTANCE OF 493.75 FEET;
THENCE SOUTH 31022'16" EAST A DISTANCE OF 98.72 FEET;
SIH:I:T 2 OF 3
EX/~'/ i3' 1 T -3
?-1~ /1
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THENCE SOUTH 22'47'19" EAST A DISTANCE OF 745.61 FEET;
THENCE SOUTH 20'56'19" EAST A DISTANCE OF 478.90 FEET;
THENCE SOUTH 03'50'20" WEST A DISTANCE OF 85.72 FEET;
THENCE SOUTH 50'52'47" WEST A DISTANCE OF 223.93 FEET;
THENCE SOUTH 51'02'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION
WITH A LINE 100.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY
RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846 - 100' RIGHT OF WAY);
THENCE ALONG SAID PARALLEL LINE SOUTH 89'42'14" EAST A DISTANCE OF 1409.00
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'42'16" EAST A
DISTANCE OF 2661.70 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'36'19" EAST A
DISTANCE OF 2696.18 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89'44'07" EAST A
DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 1713.51 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
P.S.M. 5606
GWH/9819-SD.RTF
REF. ABB DWG # 9819-SD
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16A13
EXHIBIT B
TO
STEWARDSHIP EASEMENT AGREEMENT
CLH SSA 14-Land Depicted on Map of SSA Land
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16Al.3
EXHIBIT C
TO
STEWARDSHIP EASEMENT AGREEMENT
CLH SSA 14-Retained Land Uses Map
.-\-2--
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16A13
EXHIBIT D
TO
STEWARDSHIP EASEMENT AGREEMENT
Legal Description ofCLH SSA 14 Lands
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AG-1LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTIONS 14, 23 AND 24, TOWNSHIP 47 SOUTH, RANGE
28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 00025'14" EAST ALONG THE EASTERLY LINE OF SAID SECTION 24 A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED SAID POINT OF BEGINNING HAVING A COORDINATE VALUE OF E.
503786.03 N. 739342.64, AS MEASURED ON THE FLORIDA STATE PLANE GRID, EAST
ZONE, 83190 ADJUSTMENT;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00025'14" EAST A
DISTANCE OF 5202.45 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24;
THENCE NORTH 89046'15" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.38 FEET;
THENCE NORTH 89043'55" WEST ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 24 A DISTANCE OF 2688.65 FEET TO THE NORTHWEST
CORNER OF SAID SECTION 24 AND THE SOUTHEAST CORNER OF SAID SECTION 14;
THENCE NORTH 01034'03" EAST ALONG THE EAST LINE OF SAID SECTION 14 A
DISTANCE OF 5081.17 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14:
THENCE NORTH 85022'15" WEST ALONG THE NORTH LINE OF SAID SECTION 14 A
DISTANCE OF 2776.15 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 14;
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89049'46" WEST A DISTANCE
OF 1042.06 FEET;
THENCE LEAVING SAID LINE SOUTH 23046'27" EAST ALONG THE BOUNDARY OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2496, PAGE 660
A DISTANCE OF 730.87 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 76014'46" EAST A DISTANCE OF
185.54 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24038'00" EAST A DISTANCE OF
539.84 FEET:
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 53011 '32" WEST A DISTANCE
OF 757.15 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 55031'11" WEST A DISTANCE
OF 2059.38 FEET;
THENCE CONTINUING ALONG SAID BOUNDARY NORTH 35038'26" WEST A DISTANCE
OF 185.75 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION
14;
THENCE SOUTH 00010'27" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 2699.98
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 14 AND THE NORTHWEST
CORNER OF SAID SECTION 23:
THENCE SOUTH 00009'52" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 23 A DISTANCE OF 2514.67 FEET:
THENCE LEAVING SAID LINE NORTH 37034'03" EAST A DISTANCE OF 189.51 FEET;
THENCE NORTH 40054'34" EAST A DISTANCE OF 400.24 FEET;
THENCE SOUTH 75046'04" EAST A DISTANCE OF 831.95 FEET;
THENCE SOUTH 33053'45" EAST A DISTANCE OF 505.35 FEET;
THENCE SOUTH 32029'39" EAST A DISTANCE OF 493.75 FEET;
THENCE SOUTH 31022'16" EAST A DISTANCE OF 98.72 FEET;
. &IIEET 2 OF 3--
LXII/13fT .3
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THENCE SOUTH 2204T19" EAST A DISTANCE OF 745.61 FEET;
THENCE SOUTH 20056'19" EAST A DISTANCE OF 478.90 FEET;
THENCE SOUTH 03050'20" WEST A DISTANCE OF 85.72 FEET;
THENCE SOUTH 50052'47" WEST A DISTANCE OF 223.93 FEET;
THENCE SOUTH 51002'14" WEST A DISTANCE OF 1029.66 FEET TO AN INTERSECTION
WITH A LINE 100.00 FEET NORTHERLY FROM AND PARALLEL WITH THE NORTHERLY
RIGHT OF WAY LINE OF IMMOKALEE ROAD (SR-846 - 100' RIGHT OF WAY);
THENCE ALONG SAID PARALLEL LINE SOUTH 89042'14" EAST A DISTANCE OF 1409.00
FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89042'16" EAST A
DISTANCE OF 2661.70 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89"36'19" EAST A
DISTANCE OF 2696.18 FEET;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89044'07" EAST A
DISTANCE OF 2676.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
CONTAINING 1713.51 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGI EERS. PLANNERS & SURVEYORS AND MAPPERS
/.#;
/
E W. HACK Y P.S.M. 5606
REF. ABB DWG #10042 AG-1 SD.DWG
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SECTION 22
T 47 S, R 28 E
WEST QUARTER CORNER
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FD I" IRON ROD
S 0011'08- E 2669.62
16A13
'52" 669.60
2514.67
SECTION 15
T 47 S, R 28 E
FD i" IRON ROD &- CAP
STAMPED '"LS 2995"
0.2' IlEST
50010'27" E 2699.98 S 0010'27" E 2589.1J
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16A
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EXHIBIT '"
I to ,
J< ec,o J Llvh dY\
ESCROW AGREEMENT
This ESCROW AGREEMENT is made as of the ~ day of (II IJvun W, 2008 by and
between Collier County, a political subdivision of the State of Florida ("County"), Collier Land
Holdings Limited, a Florida limited partnership ("CLH") and GOODLETTE, COLEMAN, JOHNSON,
YOVANOVICH & KOESTER, P.A., (the "Escrow Agent").
RECITALS
WHEREAS, CLH is the owner of approximately one thousand seven hundred thirteen and
five tenths (1,713.5) acres of land within the boundaries of the Rural Lands Stewardship Area
Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject
of a Stewardship Sending Area Application 2007 -AR-12490 ("SSA Designation Application") filed by
Owner with Collier County, Florida; and
WHEREAS, Collier Enterprises Management, Inc. ("CEMI"), an entity related to CLH, has
submitted applications to Collier County, South Florida Water Management District and the United
States Department of Army, Corps of Engineers for authorization to develop the Town of Big
Cypress located within the RLSA District consistent with the provisions of Sections 4.08.06 and
4.08.07 of the Collier County land Development Code;
WHEREAS, CEMI has advised Collier County that the Town of Big Cypress will be
developed consistent with the provisions of Section 4.08.07 of the Collier County Land Development
Code, which will include the submittal of a Stewardship Receiving Area (SRA) application pursuant
to Section 4.08.07 of the Collier County Land Development Code;
WHEREAS, in order to develop the Town of Big Cypress in accordance with Section
4.08.07, CEMI is required under Section 4.08.07 to exchange Stewardship Credits granted under
Section 4.08.06 for the additional residential or non-residential entitlements necessary to develop
the Town as a SRA;
WHEREAS, the Owner submitted a SSA Designation Application requesting that the one
thousand seven hundred thirteen and five tenths (1,713.5) acre parcel (hereinafter referred to as
"CLH SSA 14") be designated as a Stewardship Sending Area in accordance with and pursuant to
Section 4.08.06 of the Collier County Land Development Code, and to establish Stewardship Credits
that would be available for.CEMI to develop the Town of Big Cypress SRA; and
WHEREAS, Collier County reviewed SSA Designation Application, determined that the
application was legally sufficient and would generate 2,515.7 Stewardship Credits under the
provisions of Section 4.08.06; and
WHEREAS, the County, CLH and CEMI acknowledge and agree that the issuance offinal,
non-appealable governmental authorizations, including County approvals, necessary to develop the
Town of Big Cypress SRA consistent with the provisions of Section 4.08.07 will be issued
subsequent to the County approval of CLH SSA 14 and the Town of Big Cypress SRA; and
WHEREAS, the County and CLH agree that CLH SSA 14 is approved and generates
2,515.7 Stewardship Credits subject to the terms and conditions of this Escrow Agreement; and
SSA 14 EscrowAgreement 10-15-08.Doc
Escrow Agreement - Page 1 <If-5-
t:'ih\~,1 'I
pS I
16Al3
WHEREAS, CLH agrees to interim land use limitations on CLH SSA 14 as set forth in this
Escrow Agreement until the Stewardship Sending Area Credit Agreement and Stewardship
Easement Agreement are recorded or terminated pursuant to the terms of this Escrow Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Recitals: The above recitals are true and correct and incorporated herein by reference.
2. Tender of Documents: CLH and County shall execute and deliver to the Escrow Agent the
Stewardship Sending Area Credit Agreement - CLH SSA 14 Credit Agreement and
Stewardship Easement Agreement CLH SSA 14 ("Documents").
3. The Escrow Agent shall deliver the original Documents to the County for recording in the
public records of Collier County upon presentment of the following by CLH:
a. An approved SRA for the Town of Big Cypress which requires the exchange of
Stewardship Credits from CLH SSA 14 for the additional residential and non-
residential entitlements; and
b. All necessary final and non-appealable local, state, federal permits, other than a
plat, site development plan or building permit, necessary to construct the Town of
Big Cypress consistent with the provisions of Section 4.08.07 of the Collier County
Land Development Code; and
In the event the approvals referenced above in this section are not delivered to the Escrow
Agent on or before November 18, 2013, this Escrow Agreement shall terminate and the
original Documents shall be returned to CLH. If a challenge and/or appeal of a necessary
development order, permit or other discretionary approval is filed, CLH and County may elect
to extend the Escrow Agreement by written agreement until the challenge or appeal is finally
resolved. If the challenge or appeal is not resolved such that the construction may
commence under terms acceptable to CLH, CLH may within 180 days of the final disposition
of the challenge or appeal terminate this Escrow Agreement.
4. In the event the Escrow Agreement is terminated as noted above, all affirmative obligations
and negative covenants contained in the Documents shall be null and void without further
action from the parties hereto, the land shall revert to its underlying zoning classification prior
to the effective date of the Documents, and the Town of Big Cypress SRA shall be
terminated. If requested by CLH, Collier County shall provide a written release and
termination of this Agreement and the Documents for recording in the public records within
fifteen (15) days of the request from CLH. Collier County shall update the overlay map to
reflect the termination of CLH SSA 14 or any SRA.
5. Interim Land Use Limitations. CLH agrees to the elimination of land use layers and the land
management measures set forth in the Documents during the term of this Escrow
Agreement. Within 30 days of approval of the Stewardship Sending Area Credit Agreement,
CLH shall record in the public records of Collier County a notice of these interim land use
restrictions in a form acceptable to the County.
Escrow Agreement - Page 2.~
.fXlfri!>lr!:j
Pr d-
SSA 14 Escrow Agreement 10-15-08.Doc
]6!i
6. Escrow Aoent Oblioations and Indemnitv: The County and CLH shall hold the Escrow Agent
harmless of and from the release or failure to release the documents by the Escrow Agent
for any reason whatsoever as a result of this Escrow Agreement, except for as a result of the
willful misconduct or gross negligence of the Escrow Agent. The Escrow Agent is authorized
to rely on any document believed by the Escrow Agent to be authentic in making delivery of
documents hereunder.
7. Amendment: This Escrow Agreement may not be modified, amended or altered in anyway
except by an amendment signed by the County and CLH and acknowledged by the Escrow
Agent.
8. Governino Law: This Escrow Agreement and all matters pertaining hereto shall be governed
by and construed in accordance with the laws of the State of Florida.
9. Attornevs' Fees: In connection with any litigation concerning this Escrow Agreement, the
prevailing party shall be entitled to recover reasonable attorneys. fees, paralegal fees and
costs, including such that may be incurred at the appellate level.
10. Reoresentation: The County acknowledges and agree that GOODLETTE, COLEMAN,
JOHNSON, YOVANOVICH & KOESTER, P.A. represents CLH and may continue to do so
while serving as Escrow Agent and notwithstanding any present or future dispute arising
under this Agreement. The parties do not object to such services by GOODLETTE,
COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. as Escrow Agent and such
representation of CLH by GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH &
KOESTER, P.A. in this and other matters, and agree that such service and such
representation does not adversely affect the independent professional judgment of
GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. on behalf of any
such party or the ability of GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH &
KOESTER, P.A. to adequately represent the interest of any such party.
11. Bindino Aoreement: This Escrow Agreement shall bind all successors and shall inure to the
benefit of heirs, executors, administrators or other successors in interest of the parties
hereto.
12. Interoleader: Notwithstanding any other provision herein to the contrary, if there is any
dispute between the County and CLH as to the documents held hereunder, the Escrow
Agent may, in the Escrow Agent's sole discretion, interplead the documents with the Circuit
Court of Collier County be relieved of any further responsibility to the County and CLH
pursuant to this Agreement.
13. Counteroarts and Execution: Executed counter-part copies of the original of this document
shall be treated as if the originals were so executed and shall bind the executing party and
shall have the same force and effect as the original. Execution of this Agreement by
facsimile shall be treated as an original.
SSA 14 Escrow Agreement 10-15-08.Doc
~ oX HI j5't r!:f
p~ 3
Escrow Agreement - Page 34.&-
_____....___.....-i..
16A13
IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement to be
executed by their duly authorized officers or representatives and their official seals hereto affixed
the day and year first written above.
ATTEST: '"
. ',tj': ,,' "
.. (
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
COl;J~TY CLERK OF C?~TS
""\.)S
Attest 'IS to ChllnD4R S
..~ . ~~_lIture on I .
By:
/
APPROVED AS TO FORM AND
LE~FFICIENCY:
By: _. cL .A-' Ck c) l~
H idi Ashton-Cicko, Assistant County Attorney ~
Land Use Section, Chief
WITNESS:
COLLIER LAND HOLDINGS, L TO.
a Florida Limited Partnership
--~=h~..:::-~t JL, /
(Signature) ,
By:
Collier Enterprises, Inc.
a Florida Corporation,
It's er Partner
~A~)l,,:;,At- c, B"-).:r1~j"'J~
(Printfullna e) L
~,,/~
Ignature)
'} C'
/;tr'c1 ~{1rlJ I~~t-
(Print full name)
M-C-
SSA 14 Escrow Agreement 10-15-0B.Doc
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Escrow Agreement - Page 4 of-&-
f~ Lf
16A13
STATE OF FLORIDA
COUNTY OF COLLIER
....."IlJ!... MICHELE W. CASWELL
/i>~' :'i':;. MYCOMMISSIONIDD595116
;>'[ J J EXPIRES: JanualY 14, 2011
~'.~.. BondedThrut<<lllrypubllcUncllrwrihlts
'nr..
\
ESCROW AGENT:
GOODLETTE. COLEMAN, JOHNSON. YOVANOVICH & KOESTER, PA
~0'0~____
By: Richard R. YovanQvich
Its: "'..... ,"'" ,~t-
Date: Oc.-mnu ,,.. 2.008'
SSA 14 Escrow Agreement 10-15-08. Doc
Escrow Agreement. Page 54-&-
i3' Y#I/?17
,.....
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ORIGINAL DOCUMENTS CHECKLIST ~ ROUTING sLt6 A 15
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to origina.! 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 Office only.!!.f!u 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 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 ine #5 .
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
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
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
ClerK of Court's Office
Am Q+\c--rWYl
ll- 1<6 - Dcj
it r{..e,tY\~n+-
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.
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 excet 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 ture 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 I \ I~ 0<6 (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.
vl-ea'Se '{eco r d... ~ l~ 1- l3~qOd- G,\.[Cfo30
BP
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~ opti<mfor
,<;> 6.
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: December 10, 2008
To: Amy Patterson
Impact Fee Manager
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: An Advanced Broadband Infrastructure Investment
Program Agreement between Collier County and the
PACE Center for Girls, Inc.
Enclosed for your records you will find a copy of the recorded document
referenced above (Agenda Item #16A15) which was approved by the Board
of County Commissioners on Tuesday, November 18 2008.
If you have any questions, please call me at 252-8406.
Thank you.
Enclosure
_16A 15
Retn:
CLBRK TO THB BOARD
IITBROllICB 4TH PLOOR
BIT 7240
4236179 OR: 4410 PG: 0930
RBCORDBD in the OlPICIAL RBCORDS of COLLIBR COUITY, PL
11/26/2008 at 01:28PM DWIGHT B. BROCK, CLBRK
RBC lBB 52.50
COPIBS 6.00
16A15
This space for recording
\Jp
ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM
AGREEMENT
This Advanced Broadband Infrastructure Investment Program Agreement ("Agreement")
is entered into this I<()+~ day of Novem bel , 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 PACE Center for Girls, 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 Advanced Broadband Infrastructure
Investment Program Ordinance, Ordinance No. 2003-59, as amended.
RECITALS:
WHEREAS, on November 18, 2003, the Board of County Commissioners ("Board")
enacted Collier County Ordinance No. 2003-59, commonly referred to as the Collier County
Advanced Broadband Infrastructure Investment Program Ordinance, codified as Article V 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) Establish an advanced
broadband infrastructure investment program for the purpose of enhancing Collier County's
economic diversification efforts; (2) Provide for the economic well being of Collier County
residents by providing better opportunities for high-wage employment in Collier County; (3)
Lessen the seasonal cycle of Collier County's economy; and (4) Encourage investment
opportunities for new or existing companies thus increasing and diversifying the county's tax
base;" and
WHEREAS, Employer has submitted an application to be considered for the Program,
which application is on file with the County Manager's 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.
Page 1
OR: 4410 PG: 0931
16A15
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 its execution by the County, and will
terminate with the final Program payment to Employer. Employer must be fully compliant with
its initial Program eligibility throughout the term of this Agreement.
4. The total value of payments to be approved under this Agreement will be the cost of
the approved business project's system installation or upgrade, up to a maximum of $25,000.00.
The funds will be paid in equal installments over a three-year time period, at the beginning of
each fiscal year, beginning in the fiscal year after the infrastructure improvements have been
verified as complete by the County Manager or his designee. This award is subject to funding
availability for each fiscal year. Employer understands that the Ordinance will expire and be void
on October 1, 2013, unless continued by a vote of the Board prior to this date, and as such, the
installment payments hereunder could be discontinued as well.
5. Employer will notify the County Manager or his designee, in writing, once the
broadband infrastructure installation is complete. The County Manager or his designee will
verify project completeness and obtain a copy of all invoices detailing costs related to such
project. Employer will pay, or have already paid, its tax bill in full to the Collier County Tax
Collector's office annually on or before the date it is finally due. Under this program, applicants
are not eligible to pay their taxes on an installment basis. Employer will then submit a copy of
their ad valorem tax payment receipt to the County Manager or his designee, verifying all taxes
have been paid in full and on time for each year the company is eligible for payment under this
program. Upon receipt, and verification of compliance with the terms of the Ordinance and this
Agreement, payment to the applicant will be authorized within 60 days.
6. If the property which is subject to this Agreement is delinquent in the payment of its
annual taxes or special assessments at any time within the payment period, then any outstanding
Page 2
OR: 4410 PG: 0932
16A15
balance to be paid will not be made unless and until all outstanding ad valorem property taxes and
special assessments are paid in full.
7. 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. 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.
8. 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. This Agreement will run with the land.
9. 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, including maintaining the minimum number of qualifying jobs; (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.
10. 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
OR: 4410 PG: 0933
16A15
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIG~?~~~~~~l~~k
" :;:::',' '.. t:<" '.
,':; ,', , : "> .....:~\
BY':~i ' C::.L .
,'~ .;. \ :; w '; " ,', puty Clerk ,
A."U.I .~....." .~, , :
14 " ,~. .~~,
~. .~~, .~~ ~~t~i\'1)\Si.,,.,'
\, " ,,rr; .t;;r REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK
R1tMAINING SIGNATURE PAGE TO FOLLOW
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
RMAN
Page 4
The foregoing instrument was acknowledged before me this \ \*~ day of A-{>(\ '\
2008, by DONNA GALLAGHER, as President of PACE CENTER FOR GIRLS, INC., who is
personally known to me or has produced '\)L ~ 6~u-\l~.';-;}:td(,-O as identification.
~""' ~A. .AO Q.J-?
Signature of Person Taking Acknowledgment
Print Name: \()I"\ \ <A. \) 'f'\O\)
My Commission Expires: 'YY\ (J\c k LMt
AS TO PACE CENTER FOR GIRLS, INe.
a Florida Non Profit Corporation
Signed, sealed and
dCthC
si11AetJ ]) A vi 1.S
Printed Name
(..--,.A~'" ~~
v' ,
Signature
-Be... }-, \ 'If} ~ ~ 0 5
Printed N am~
STATE OF FLORIDA
COUNTY OF \)11 Y Q ,
[NOTARIAL SEAL]
_,\'}.l>>..~U"11
j,,~.y,~\ TONIA M. DAVIS
: € i*: ~ DO 645631
,;~ Expires March 1 2011
" BoododThroTmyFam~800'38S-7lJf9
Jeffrey
Chief A
nty Attorney
OR: 4410 PG: 0934
16A15
B
Amy P rson, Manager
Impact Fee and EDC Manager
Page 5
*** OR: 4410 PG: 0935 ***
16A15
EXHIBIT A
DESCRIPTION OF PREMISES
All of Lot Nos. 1 through 6, Block A, TOWNSITE OF IMMOKALEE, according to the plat
thereof recorded in Plat Book 1, Page 60, ofthe Public Records of Collier County, Florida.
AND
That certain parcel or tract ofland situate in Section 3, Township 47, Range 29 East, Immokalee,
Collier County, Florida, formerly an alley, and bound on the West by First Street; bound on the
North by Lot Numbers 1 through 8, Block A, Townsite of Immokalee; according to Plat thereof
as recorded in Plat Book 1, Page 60 of the Public Records of Collier County; bound on the East
by Second Street; and bound on the South by Lot Numbers 9 through 16, Block A, Townsite of
Immokalee, according to the Plat thereof as recorded in Plat Book 1, page 60, of the Public
Records of Collier County, Florida.
TOGETHER WITH all right, title interest of Grantor, if any, in and to that certain sixty foot (60)
wide right-of-way for Pine Street, as vacated by Collier County Board of County Commissioners
pursuant to Resolution No. 2005-149, as recorded in Official Records Book 3790, at Page 3441,
Public Records in and for Collier County, Florida.
ADDRESS
160 North First Street, Immokalee, Florida 34142
Page 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL"fI 6 A 17
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 docu ent is already complete with the
exce tion of the Chairm 's si ature, draw a line through routin lines #1 throu #4, com lete the checklist, and forward Sue Filson (line #5).
Office Initi s Date
Code Enforcement, Director
CDES
d t\'li{\IJ<\ct>t\i>~
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. Ail 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 Marlene Stewart ~~
Contact r-
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3. Sue Filson, Executive Manager
Board of County Commissioners
252-2496
16A "
Yes
(Initial)
MJS
N/A (Not
A licable)
4. Minutes and Records
Clerk of COurt'S Office
N/A
N/A
MJS
MJS
cao
Phone Number
"/11\0<6',
Agenda Item Number
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Executive Summary
Release & Satisfaction of Lien
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initialthe Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal negotiated contract date whichever is ap 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 your 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.
2.
3.
4.
5.
6.
16A17
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of a Code Enforcement Lien
for payment received
OBJECTIVE:
To approve execution and recording of the Release and Satisfaction of the listed Lien,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
Reference Owner of Record Folio Lien Amount
CEB 2005-11 Miguel and Daima Fernandez 35642840004 $3,725.00
TOTAL $3,725.00
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Release and Satisfaction,
which is to be approximately $10.00 per release, totaling $10.00. Funds are budgeted and
available in the current fiscal year in the 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, has no outstanding legal considerations
and is sufficient for Board action (mmss).
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfaction of the Code
Enforcement Lien.
PREPARED BY: Marlene Stewart, Administrative Secretary - Code Enforcement
This instrument prepared by:
Marlene Stewart
Collier County Code Enforcement
2800 N. Horseshoe Drive
Naples, Florida 34104
(239) 252-2496
*** 4234447 OR: 4409 PG: 0449 ***
RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, PL
11/21/2008 at 11:16AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFPICB 4TH 'L
BIT 8406
16A17
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 March 27, 2006, a certified copy of which was recorded on
April 3, 2006, in O.R. Book 4009, Pages 1107 through 1108, 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 Miguel and Daima Fernandez,
has been discharged in full:
Miguel and Daima Fernandez
2228 42nd St. SW
Naples, FL 34116
Folio No.:
Cost:
Reference:
35642840004
$3,725.00
CEB Case No. 2005-11
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 Miguel and Daima Fernandez, and consents to this lien
being discharged of record.
Dated this 1 ~ -+h day of tJ DVlfY1 b,t("
, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AN
~~I~11\.~'-~
Marjori . Student-Stirling
Assistant County Attorney
16D1
MEMORANDUM
Date:
November 26, 2008
To:
Wendy Klopf, Operations Coordinator
Housing & Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Sub-recipient agreement between Collier
County and the City of Marco Island for the
5th Avenue Sidewalk Project
(HUD Grant #B-08-UC-12-0016)
Enclosed please find one (I) original agreement (Item #16Dl) as
referenced above, approved by Board of County Commissioners on
Tuesday, November 18, 2008.
The Minutes & Records Department has retained an original for the
Board's Official Records.
rfyou should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
~_w_,,,,,._.~<_"_,O'"""_~____'~_~___'_'_""."""_'__~__..__...,,"_w___.,_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING s:d:.6 D 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board (l!Ticc The I.~ompleted routing slip and original
documents are to be forwarded to the Board Office only afh;! thl; Board h,l~ taken action on the itcl"il.)
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
excPntion of the Chairman's silYTlature, draw a line throuJP,h routjn~ lines # I through #4. complete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the evenl one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-2901
Contact
Agenda Date Item was November 18. 2008 Agenda Item Number J6DJ
Approved bv the BCC
Type of Document Sub-Recipient Agreement Number of Original 2
Attached Documents Attached
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages lTom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages lTom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval 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 Chainnan's
si ature and initials are re ulred.
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 torwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on November 18, 200~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
WK
2,
3.
4,
5,
6,
WK
WK
WK
NA
WK
I: Forms/ County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D1
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE CITY OF MARCO ISLAND
SIDEWALK PROJECT - 5TH A VENUE
Catalog of Federal Domestic Assistance # 14,218
HUD Grant # B-08-Uc-12-0016
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", and "The City of Marco Island," a municipality
existing under the laws of the State of Florida, having its principal office at 50 Bald Eagle Drive, Marco
Island, FL 34145, and its Federal Tax Identification number as 59-347-9845, hereinafter referred to as
"SUBREclPIENT",
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (cDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2008-2009 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 and April 22,
2008; and
City of Marco Island - 2008 CDBG
Sidewalk Project
Page I of27
1601
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the cDBG Program with
Resolution 2008-J1.L on April 22, 2008, and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the cDBG Program
and the use of the cDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBREcIPIENT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUB RECIPIENT to implement such undertakings of the
Community Development Block Grant (cDBG) Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "cDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County,
(4) "SUBREcIPIENT" means The citv of Marco Island
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6) "HUD" means the Secretary of the U,S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD,
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBREcIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and
made a part hereof.
City of Marco Island - 2008 CDHO
Sidewalk Project
Page 2 of27
16D1
IlL TIME OF PERFORMANCE
The effective date of this Agreement shall be July I, 2008, and the services of the SUBREcIPIENT shall be
undertaken and completed in light of the purposes of this Agreement. In any event, all services required
hereunder shall be completed by the SUBREcIPIENT prior to June 15, 2009. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIll (F) (5),
and Part VIll (H) below,
IV, CONSIDERATION AND LIMITATION OF COSTS
The SUBREcIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed SEVENTY TWO THOUSAND TWO HUNDRED
THIRTY ONE DOLLARS($72,231) for the services described in Exhibit "A,"
All improvements specified in Exhibit "A" shall be performed by SUBREcIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements, The
SUBREcIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder.
Contract administration shall be handled by the SUBREcIPIENT and monitored by the COUNTY, which
shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBREcIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBREcIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(cDBG) and all federal regulations and policies issued pursuant to these regulations, The SUBREcIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A, IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBREcIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda, The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBREcIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification,
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 3 of 27
1601
B. DEBARMENT:
In accordance with 24 cFR part 135, the SUBREcIPIENT certifies 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; and, that the SUB RECIPIENT shall not knowingly enter into any lower tier contract,
or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction,
C, COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
During the performance of the Agreement, the SUBREclPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBREclPIENT further agrees to abide by all other applicable laws.
I. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds,
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3, 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties,
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing,
6, Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds,
7, Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended,
9, Age Discrimination Act of 1973
10, National Flood Insurance Act of 1968
II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
City of Marco Island - 2008 CDBO
Sidewalk Project
Page 4 of27
1601
]2, 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts,
13. Contract Work - Hours and Safety Standards Act
14, Lead Based Paint Poisoning Preventive Act
15. Section 504 ofthe Rehabilitation Act of 1973
] 6, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by cDBG.
] 8, Revised Order Number 4 - Regu]ations that establish guidelines for the
implementation of Executive Order] ]246 as amended by Executive Orders] ]375 and
]2086,
] 9, Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Deve]opment
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts,
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act 8 U.S.c. 874 and 40 U.S.c. 276c),
which deals with employee forfeiture of compensation by force,
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report,
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25, 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures, These replace OMB Circular A-] 02, This subpart includes 24 cFR
570.502,
26.0MB Circular A-l33 - concerning annual audits,
27, OMB Circular A-122 - which identifies cost principles.
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 5 of 27
16D1
28, Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices,
29, 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments,
31. Immigration Reform and Control Act of 1986 as located at 8 U.S.c. 1324, et seq. and
regulations relating thereto, Failure by the SUBREcIPIENT 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,
32, Prohibition Of Gifts To County Employees- No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes,
Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative
Procedure 5311,
33. Order of Precedence - In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
34. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters,
35, Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBREcIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approvaL Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation
shall be attended by representatives of SUBREcIPlENT with full decision-making
authority and by cOUNTYS staff person who would make the presentation of any
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 6 of 27
1601
settlement reached at mediation to COUNTY'S board for approvaL Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44,102, Fla, Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBREcIPlENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations, Prior to
execution by the SUBREcIPlENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBREcIPlENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPlENT cost. None of the work or services covered by
this Agreement, including but not limited to consultant work or services, shall be subcontracted
by the SUBREcIPlENT or reimbursed by the COUNTY without prior written approval of the
HHS Department or his designee.
E, AMENDMENTS
This Agreement, along with all exhibits and attachments which are hereby incorporated as a
part of this Agreement, may not be modified, amended, or extended orally, The County may,
at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated
by written amendment as a part of this Agreement and shall be subject to approval of the
County.
This Agreement may be amended only by written agreement executed by the governing boards
of both parties, except that County representative may approve adjustments between line item
amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F, INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBREcIPlENT 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, rcasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBREcIPlENT or anyone employed or utilized by the SUBREcIPlENT in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 7 of27
16D1
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. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768,28, Florida Statutes,
G, GRANTEE REcOGNlTION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source, The SUBREcIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity, In addition, the SUBREcIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SUBREcIPIENT will mount a temporary construction
sign for projects funded by HHS, This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum conventional 4'X 8" plywood back
panel and other conventional construction materials and methods.
H. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUB RECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBREcIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBREcIPIENT, and the COUNTY may withhold any payment
to the SUBREcIPIENT for set-oIT purposes until such time as the exact amount of damages
due to the COUNTY from the SUBREcIPIENT is determined,
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination,
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party,
Upon termination, the COUNTY shall pay the SUBREcIPIENT for services rendered pursuant
to this Agreement through and including the date of termination,
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies,
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L INSURANCE
SUBREcIPlENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Exhibit D to this Agreement.
J. S UBREcIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
SUBREcIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approvaL If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBREcIPIENT shall be verbally notified of the deficiency and shall have
an additional five (5) calendar days to submit a corrected Certificate to the County,
If the SUBREcIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBREcIPIENT shall be in default of the terms and conditions
of the contract.
VllL ADMINISTRATIVE REOUlREMENTS
A. FINANCIAL MANAGEMENT
The SUBREcIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
I, The SUBREcIPIENT shall maintain all records required by the cDBG Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBREcIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBREcIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS ifrequested, In any event the SUBRECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBREcIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 cFR 570,502,507, and 92 (3)(vi),
4, SUBREcIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "Coo,
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5. The SUBREcIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBREcIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law, Similarly, the SUBREcIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation,
6, Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect
cost allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the County for approval, in a form
specified by the County,
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-II0, A-122, 24 cFR Part 84, and 24 cFR Part 85, which are
incorporated herein by reference,
D. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E, ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUB RECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time, Additional requirements are listed on Exhibit C.
F, PRIOR WRITTEN APPROVALS-SUMMARY
(l,)
(2.)
(3.)
(4,)
(5,)
(6.)
All subcontracts and agreements proposed to be entered into by the SUBREcIPIENT
pursuant to this Agreement;
All capital equipment expenditures of $1 ,000 or more;
All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
All change orders
All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A; and
All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of
living,
G, AUDITS AND INSPECTIONS
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I, Non-profit organizations that expend $500,000 or more annually in federal awards shall have a
single or program-specific audit conducted for that year in accordance with OMB A-B3, Non-
profit organizations expending federal awards of $500,000 or more under only one federal
program may elect to have a program-specific audit performed in accordance with OMB A-
133, SUBREclPIENT s who will be receiving, or who have received, federal awards for loans
or loan guaranteed programs with may be required to conduct audits of those programs in
accordance with regulations of the federal agencies providing those guarantees or loans,
2, Non-profit organizations that expend less than $500,000 annually in federal awards shall be
exempt from an audit conducted in accordance with OMB A-B3, although their records must
be available for review (e.g" inspections, evaluations), These agencies are required by HHS to
submit "Reduced Scope" audits (e,g" financial audit, performance audits), They may choose,
instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in
accordance with federal laws and regulations governing the program in which they participate.
Records must be available for review or audit by appropriate officials of federal and County
agencIes,
3. When the requirements of OMB A-133 apply, or when the SUBREcIPIENT elects to comply
with OMB A-B3, an audit shall be conducted for each fiscal year for which federal awards
attributable to this contract have been received by the SUBREcIPIENT, Each audit shall
include a fiscal review, which includes a validation of all program-generated income and its
disposition, especially attributable to cOBG funds, an internal control review, and a
compliance review as described in OMB A-B3. A copy of the audit report in triplicate must
be received by HHS no later than six months following the end of the SUBREclPIENT's fiscal
year.
4. If an audit is required by Section G of this contract, but the requirements of OMB A-B3 do not
apply or are not elected, the SUBREcIPIENT may choose to have an audit performed either on
the basis of the SUBREcIPIENT's fiscal year or on the basis of the period during which HHS-
federal assistance has been received, In either case, each audit shall cover a time period of not
more than twelve months and an audit shall be submitted covering each assisted period until all
the assistance received from this contract has been reported. Each audit shall adhere to all
other audit standards of OMB A-B3, as these may be limited to cover only those services
undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must
be received by HHS no later than six months following each audit period.
5. The SUBREcIPIENT shall maintain all contract Records in accordance with generally
accepted accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this contract.
6, The SUBREcIPIENT shall maintain all Contract Records that document all actions undertaken
to accomplish the "Scope of Services" outlined in Attachment A in this contract.
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7, The SUBREcIPIENT shall ensure that the Contract Records shall be, at all times, subject to
and available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County,
8, The SUBREcIPlENT shall include in all HHS approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such services are
described in this contract and defined by HHS, each of the record-keeping and audit
requirements detailed in this contract. HHS shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit and record-
kceping requirements described above,
H. PROGRAM-GENERA TED INCOME
All income earned by the SUBREcIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBREcIPlENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee, Accounting and
disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference,
In addition to the foregoing, Program Income, as defined by 24 cFR 570,500(a) for cDBG
funds may be retained by the COUNTY. Program Income shall be utilized to undertake
activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall
apply to stated activities. Any Program Income on hand at or received by the SUBREcIPlENT
or its sub-contractors after the expiration of this Agreemcnt shall be returned to the COUNTY
no later than thirty (30) days after such expiration, subject to any SUBREclPlENT requests to
utilize uncommitted funds,
L GRANT CLOSEOUT PROCEDURES
SUBREcIPlENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship ofrecords,
IX, OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBREcIPlENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
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To the greatest extent feasible, lower-income residcnts of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBREclPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968,
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBREcIPIENT shall make a positive effort to utilize small business and
minority/women-owned business cnterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasiblc these small business and minority/women-
owned business enterprises shall be located in or owned by rcsidents of the cDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the bencficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywidc, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated collicr County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period dcsignated in Exhibit A of this Agrcement. The
SUBREcIPIENT shall provide written vcrification of compliance to HHS upon HHS' request.
D, EY ALUA nON AND MONITORING
The SUB RECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agrcement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures, The SUBREcIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is determincd necessary by HHS or the COUNTY. The
SUBREcIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required HHS by HUD, The
SUBREcIPIENT shall allow HHS or HUD to monitor the SUBREcIPIENT on site. Such site
visits may be scheduled or unscheduled as dctermined by HHS or HUD,
E, CONFLICT OF INTEREST
The SUBREcIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be cmployed by or subcontracted by the SUB RECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall bc disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
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employment of and participation of low and moderate-income residents of the project target
area,
F. PUBLIC ENTITY CRIMES
As provided in 287,133, Fla. Stat. by entering into this Agreement or performing any work in
furtherance hereof, the SUBREcIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by 287,133 (3)(a), Fla, Stat.
G, DRUG-FREE WORKPLACE REOUIREMENTS
The SUB RECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U,S,C.
701) and with HUD's rules at 24 cFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
I, 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 sub awards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBREcIPIENTS shall certify and disclose accordingly,
I. REAL PROPERTY
Any real property acquired by the SUBREcIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 cFR 24.101, shall be
City of Marco Island - 2008 CDBG
Sidewalk Project
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16D1
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property, Any real property within the SUB RECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570,505,
X. ENVIRONMENTAL CONDITlONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply
to the performance of the Contract:
I. Clean Air Act, 41 U.S.C., 7401, et seq,
2, Federal Water Pollution Control Act, as amended, 33 U.S,C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to
40 C.F,R" Part 50, as amended,
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 use
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation), If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance,
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355, Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D, HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.c. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
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16Dl
concurrence from the State Historic Preservation Officer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law,
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPlENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds, Any real property
under SUBRECIPlENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8),
XlII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations,
24 CFR 570,200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference,
XIV, COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty seven (27) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding, The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this November 18, 2008,
ATTEST:
Dwight E, Brock, Clerk of Courts
By ~4rl'~ (V"
Dat~> t '/1iI~~O~
" (SEAL) . , ,.' '
Attest .af:'tCl"tlItll'l14n ,
ItOlllture' 'on,."
.';\,'
--j
/ ~~
I ) .
f\-.-/ Cl...~ IAJ- 0 /]
Type/print Wit s name ~
- A ~I..UuI.- (l, ~
Second Witness
2-d !n {q Il /. ,,~Ll rYJa lL-
TyPe/print witness name
Approved as to form and
legal sufficiency:
C~:rfl ~
Assistant County Attorney Signature
u/leen (YJ, &6e n€-.
Type/Print Name
BOARD OF COUNTY COMMISSIONERS
::7':U TV, FLORIDA
Tom Henning, C Irman
City of Marco Island
By: ~ it)) /Aft'
Subrecipient Signature
William D. Trotter, Chairman
Citv of Marco Island Citv Council
Type Print Subrecipient name and title
Item # lW:L:1-
Agenda 111~ -"8
Date U
:::d ll-1.(P-o&
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Sidewalk Project
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16D1
EXHIBIT "A"
SCOPE OF SERVICES
CITY OF MARCO ISLAND
SIDEWALK PROJECT
eu;,' 'II II ~li'lIi: . ~I" 5' H AVENUE
~ 71<2~~
'-' U#"zc-
THE SUBRECIPIENT AGREES TO: 1
_...- ----..---- - -..--
---.-.. --... .----- ..-...
A. PROJECT DESCRIPTION:
SUBRECIPIENTproposes to construct 1235 lineal square feet of pedestrian sidewalk adjacent to both
sides of 5th Avenue which is located within The City of Marco Island in Collier County, Florida. The
construction of these sidewalks will provide for the safety of pedestrians and will be an area wide
benefit to a targeted population as determined by the income survey conducted by the City of Marco
Island. This funding will cover all costs associated with the construction of these sidewalks including
survey, project design, construction management services, culverts, storm management, excavation
and preparation, grading, fence removal, sod and landscaping, restoration, and contingencies,
Construction for this project will be completed, and all CDBG funds will be expended prior to June 15,
2009,
The Subrecipient will be responsible for the following:
a. Submission of documentation to qualify project as an area wide benefit through an
income survey conducted by The City of Marco Island as approved by HUD,
b, Posting of visible signage at the work site identitying the funding source as mentioned
in Section VII Part G,
c. Submission of request for payment along with supporting documentation for payment
of services, No work can be initiated until all contract documents are submitted and
the contractors are certified as not being debarred,
d, Follow the Federal Procurement Process,
e. Obtain a minimum of three bids for the work to be conducted, as well as provide the
Housing and Human Services Department with a copy of contracts, which will
include main contractor and sub-contractor information,
If Applicable:
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be funded by the budget.
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NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. After awarding such contract the SUBRECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUB RECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere, The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
B. BUDGET: Construction of 1235 linear square feet of pedestrian sidewalk on both sides of 5th Avenue
on Marco Island
Line Item CDBG Funds
Sidewalk Construction $64,220
Landscaoing Restoration $8,011
Total
$72,231
D, STAFFING: Provide list of staff directly responsible for reporting and request for payment processing,
E, BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds,
F, FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds,
G. WORK SCHEDULE: The time frame for completion ofthe outlined activities shall be:
Milestone Deadline
Conduct Survev Julv, 2008-Seotember, 2008
Proi ect Oesi gn Seotember, 2008-0ctober, 2008
RFP November, 2008-December, 2008
A ward Contract Januarv, 2009
Construction Februarv, 2009-Mav, 2009
Proiect Comolete June 15, 2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUB RECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C", The progress reports shall be used as an additional basis for HHS approval of
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Sidewalk Project
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16D1
invoices, etc, for payment.
L OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICA TORS
SUITABLE LIVING IMPROVING CONSTRUCTION OF I (PUBLIC F ACllTY)
ENVIRONMENT A V AILABILITY OR SIDEWALKS
ACCESSIBILITY OF
UNITS OR SERVICE
], DAVIS-BACON ACT: The SUB RECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s),
K, COMPENSATION: The County shall reimburse the SUBRECIPlENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section H. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section G will be required, unless modified
in writing by the parties, Payment will be made upon receipt of a proper invoice and in compliance
with Section 218,70, Fla, Stats" otherwise known as the "Local Government Prompt Payment Act".
End of Exhibit A
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Sidewalk Project
Page 20 of 27
1601
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Citv of Marco Island
Subrecipient Address: 50 Bald Eagle Drive, Marco Island, FL 34145
Project Name: Sidewalk Proiect 5th Avenue
Project No: CD-
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
72,231
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount ofToday's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
S upervi sor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 21 of27
16D1
EXHIBIT "c'
ADDITIONAL CDBG GRANT REQUIREMENTS
End of Exhibit C
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 22 of 27
1 6 D 1 h'
EXHIBIT "D"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b,) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be
shown as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for
combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) - (3) above, a Certificate of Insurance must be provided
as follows:
(d.) Professional Liability Insurance in the name of the SUBRECIPlENT or the licensed
design professional employed by the SUBRECIPlENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPlENT and/or the
design professional shall become legally obligated to pay as damages fro claims arising
out of the services performed by the SUBRECIPlENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for
a period of two (2) years after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (1) - (4) above, the SUBRECIPEINT shall provide or cause
its Subcontractors to provide original policies indicating the following types of insurance coverage
prior to any construction:
(e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (l00%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPlENT.
(f) Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance
Program (NFIP), whichever is greater. The policy will show Collier County as a Loss
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 23 of 27
16D1
Payee A.T.I.M.A. This policy will bc provided as such time that he buildings' walls and
roof exist.
Exhibit D, Continued
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Contract:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
(h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (l00%) of the replaccment cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
End of Exhibit D
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 24 of 27
16D1
EXHIBIT "E"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the 1 (/h of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Sidewalk Project 5th Avenue
Project Number CD-
Activity Number
Subrecipient:
Citv of Marco Island
Contact Person
Steve Olmsted, Director Communitv Development
Telephone: (239) 389-5000
Fax: (239) 389-4359
E-mail:
easflalearthlink.net
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 25 of27
16D1
Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract FederallD (see definitions on (see definitions on
Number Number following page) following page)
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box" I. "
INCOME
Ofthe households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family Income (MF!). Enter this number in box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current Median
Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted,
Income (MFI). Enter this number in box "4. "
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
are low-income (51-80%) of the current Median Family
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX 1 BOX2 BOX3 BOX 4 BOX5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (51-80%) Household
Assisted (0-30%) (31-50%)
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 26 of 27
1601
Exhibit E, Continued
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any ofthe original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/ African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
End of Exhibit E
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 27 of 27
16D2
MEMORANDUM
Date:
November 21, 2008
To:
Pamela Keyes, Environmental Specialist
Coastal Zone Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Amendment No.1 with the Florida Wildlife Conservation
Commission for the Derelict Vessel Removal Grant
Contract No. 07-071
Enclosed you will find three original grant applications (Agenda Item
#16D2), approved by the Board of County Commissioners on Tuesday,
November 18, 2008.
After forwarding on to the State for signature, please return a fully executed
original document to the Minutes and Records Department so that we may
have a permanent record for the Board,
If I can be of any further assistance, please call me at 252-8406.
Thank you.
Enclosures (3)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivered 10 the Board Office. The completed routing slip and original
documents are to be fOlw3rdcd to the Board Office only after the Board has taken action on the iteml
16D2
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's siQ:nature, draw a line throul!h routimI lines #1 throul!h #4, conmlcte the checklist, and fonvard to Sue Filson line #51.
~oute to Addr~~see(s) Office Initials Date
List in routin" order
I.
2.
. ---
3.
...,....-...-.-
4. Colleen M. Greene, ACA County Attorney 11/20/08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk ofCourl's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to he delivered to the Bee office only after the Bee has acted to approve the
item.'
Name ofPrirnary Staff Pamela Keyes Phone Number 252-2980
Contact Environmental Soeeialist
Agenda Date Item was 11/18/08 Agenda Item Number 16D2
Annroved bv the BCC
Type of Document Amendment No. I to Agreement between Number of Original 3
Attached Florida Fish and Wildlife Conservation Documents Attached
Commission & Collier County
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A(Not
(Initial) Aoolieable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the CMG
Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. Signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.) .
2. All handwritten strike-through and revisions have been initialed by the County Attorney's Offtce and N/A
all other narties excent the Bee 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 CMG
the final neO"otiated contract date whichever is aoplicahle.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG
initials are relluired.
5. In most cases (some contracts are an exception), the original document and this routmg slip should be N/A
provided to Sue Filson in the Bee office within 24 hours of BCe 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 vour deadlinesr
6. The document was approved by the Bee on 11118/08 and all changes made during the meeting CMG N/A is not an
have been incorporated in the attached document. The County Attorney's Office has reviewed option for line
the cbanoes if annlicable. 6
7 Please return executed o~inal documents to Pamela Keves CMG
INSTRUCTIONS & CHECKLIST
J: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
((matter _ numbcm/<<document_ numbem
Florida Fish
and Wildlife
Conservation
COlllllllssion
Cu,nn'h<;ionCI':,
Rodney Barreto
Chair
Miami
Brian S. Yablonski
Vice-Chair
Tallahassee
Kathy Barco
Jacksonville
Ronald M. Bergeron
Fort Lauderdale
Richard A. Corbett
Tampa
Dwight Stephenson
Defray Beach
Kenneth W. Wright
Winter Park
EV'Cllliv,:Stiltf
Kenneth O. Haddad
Executive Director
Nick Wiley
Assistant Executive
Director
Karen Ventimiglia
Deputy Chief of Staff
Division of Law
Enforcement
Colonel Julie Jones
Director
(850) 488.6251
(850) 921.6453 FAX
Managing fish and wildlife
resources fOf their long-
term weJ/.being and the
benefit of people.
620 South Meridian Street
Tallahassee, Florida
32399.1600
Voice: (850) 488-4676
Hearing/speech impaired:
(800) 955.8771 IT)
(800) 955.8770 (V)
MyFWC.com
16D2
October 31, 2008
F=lEC~/VED
Ocr I 3 ?008
COAS7:
MANAG~.fONE
,.,ENr
Pamela Keyes, Environmental Specialist
Collier County Board of County Commissioners
Coastal Zone Management
3300 Santa Barbara Boulevard
Naples, FL 34106
RE: Contract No. 07071
Florida Boating Improvement Program (FBIP) Grant Agreement
Collier County Derelict Vessel Removal
Dear Ms. Keyes:
Enclosed are three (3) originals of Amendment NO.1 revising the total project
cost and amending the derelict vessel list. This Amendment also extends the
term of the Agreement unti I June 30, 2009.
Please replace the Amendment mailed to you previously with this version.
If you have any questions, please email me at tim.woodv@MvFWC.com or call
(850) 410-0656 ext. 17173.
Sincerely,
1~tJ~
Tim Woody, Grants Specialist
Florida Boating Improvement Program
Boating and Waterways Section
/ss
Enclosures
16D2
FWC Contract No. 07071
AMENDMENT NO.1 TO AGREEMENT
This AMENDMENT TO AGREEMENT is entered into by and between the FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION ("COMMISSION") and the COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS ("GRANTEE"), and amends that Agreement entered into between the
COMMISSION and the GRANTEE dated January 28, 2008, and hereinafter referred to as the "ORIGINAL
AGREEMENT".
IN CONSIDERATION of the mutual covenants and conditions set forth herein and in the
ORIGINAL AGREEMENT, the parties agree to amend the ORIGINAL AGREEMENT as follows, which
amendments shall govern to the exclusion of any provision of the ORIGINAL AGREEMENT to the
contrary:
1. Paragraph 3 of the ORIGINAL AGREEMENT is hereby amended to read as follows:
The GRANTEE shall implement and complete its project proposal as described in Attachment A,
Florida Boating Improvement Program (FBIP) Grant Application No. 07-045, and remove from the
public waters of the state all derelict vessels listed in Attachment B-1. Revised Derelict Vessel List,
attached hereto and made a part hereof. However, pending available funding, the COMMISSION
may, by written order designated to be a Change Order, add vessels to Attachment B-1, Revised
Derelict Vessel List. All Change Orders are subject to the mutual agreement of both parties as
evidenced in writing. All vessels added to Attachment B-1, Revised Derelict Vessel List, must be
documented as a derelict vessel by a sworn law enforcement officer and verified by a COMMISSION
law enforcement officer before being added to the Revised Derelict Vessel List. All project activities
must be completed during the time span provided herein for that portion of the Agreement.
2. Paragraph 17 of the ORIGINAL AGREEMENT is hereby amended to read as follows:
This Agreement shall begin upon execution by both parties and end June 30, 2009, inclusive.
The GRANTEE shall not be eligible for reimbursement for services rendered prior to the
execution date of this Agreement nor after the termination date of the Agreement.
3. Paragraph 20 of the ORIGINAL AGREEMENT is hereby amended to read as follows:
The maximum amount of compensation shown in paragraph 19 is based on the GRANTEE's
estimated total project cost of $110,000 in FBIP Application No. 07-045. If the actual cost of the
project is less than the estimated total project cost, compensation by the COMMISSION shall not
exceed 73% of the actual total project cost.
4. Attachment B, Derelict Vessel List, of the ORIGINAL AGREEMENT is hereby replaced in its
entirety with Attachment B-1, Revised Derelict Vessel List.
All provisions of the ORIGINAL AGREEMENT not specifically amended herein shall remain in full
force and effect.
Page 1 of 2
1602
FWC Contract No. 07071
IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on the
date and year last written below.
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Chairman, or designee
Tom.~enning
f::d.oV' 2.-1
Date
Director, Division of Law Enforcement
2Po~
Date
~
Grantee Attorney
Approved as to form and legality:
ATTt;8T:: .',
OWIGHT E. BROCl<. ~
:':":1-
Q,C.
llem# ~
Agenda ll--i8 .I'\C
Date LC
~~~d lk1D1)~
f~\
J~~~
crj _5
c~~A
~
/
15-- (
Attest II to'C~I""" ,
It~ oal~'
Page 2 of 2
16D2
FWC Contract #
07071
ATTACHMENT B-1
Revised Derelict Vessel List
Vessel #1
DV #: FWSA-07-0FF-000171
Registration/Doc #: FL 2351 DL
HIN: BAM22369M77E
Length: 20 ft. Make: Browning Type: Open Color: BluelWhite
Water body: Halfway Creek
Latitude: N250 50.575' Longitude: W081 0 22.602'
Disposal: Landfill
Vessel #2
DV #: FWSA-07-0FF-001731
RegistrationlDoc #: MS 7806 KG
HIN: SFRKXX44M73J
Length: 28 ft. Make: Unknown Type: Sailboat Color: White
Water body: Blue Hill Bay
Latitude: N25054.790' Longitude: W0810 40.264'
Disposal: Landfill
Vessel #3
DV #: FWSA-07 -OFF-001875
RegistrationlDoc #: Unknown
HIN: Unknown
Length: 18 ft. Make: Unknown Type: Open Color: White
Water body: Dollar Bay
Latitude: N2605.6683' Longitude: W0810 47.035'
Disposal: Landfill
Vessel #4
DV#: FWSA-07-0FF-002052
Registration/Doc #: Unknown
HIN: Unknown
Length: 40 ft. Make: Unknown Type: Open Color: White
Water body: Morgan Bay
Latitude: N25051.206' Longitude: W0810 40.525'
Disposal: Landfill
Vessel #5
DV #: FWSA-08-0FF-003763
Registration/Doc #: Unknown
HIN: Unknown
Length: 17 ft. Make: Unknown Type: Open Color: White
Water body: Halderman Creek
Latitude: N26007.533' Longitude: W0810 46.505'
Disposal: Landfill
Page 1 of 3
16CJ2
FWC Contract #
07071
ATTACHMENT B-1
Vessel #6
DV#: FWSA-08-0FF-001247
Registration/Doc #: Unknown
HIN: Unknown
Length: 18 ft. Make: Unknown Type: Open Color: White
Water body: Gullivan Bay, Helen Key
Latitude: N25053.602' Longitude: W0810 39.676'
Disposal: Landfill
Vessel #7
DV #: FWSA-08-0FF-008205
RegistrationlDoc #: Unknown
HIN: Unknown
Length: 15 ft. Make: Unknown Type: Cabin Color: White
Water body: Canal off Haldeman Creek
Latitude: N26007.60T Longitude: W0810 46.646'
Disposal: Landfill
Vessel #8
DV #: FWSA-08-0FF-008238
Registration/Doc #: Unknown
HIN: Unknown
Length: 30 ft. Make: Unknown Type: Sailboat Color: White
Water body: Big Marco River
Latitude: N25056.116' Longitude: W0810 39.413'
Disposal: Landfill
Vessel #9
DV #: FWSA-08-0FF-008479
Registration/Doc #: FL 0020 LD
HIN: X54131
Length: 54 ft. Make: Chris Craft Type: Cabin Color: White
Water body: Goodland Bay
Latitude: N250 56.179' Longitude: W0810 38.796'
Disposal: Landfill
Vessel #10
DV#: FWSA-08-0FF-009074
RegistrationlDoc #: Unknown
HIN: Unknown
Length: 15 ft. Make: Unknown Type: Johnboat Color: Red
Water body: Canal adjacent to County Road 92
Latitude: N25058.174' Longitude: W0810 38.022'
Disposal: Landfill
Page 2 of 3
MEMORANDUM
Date:
November 24, 2008
To:
Frank Ramsey, Housing Manager
Housing & Human Services Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Neighborhood Stabilization Program (NSP)
Amendment to the 2008-09 HUD One Year Action Plan
Enclosed is an original amendment, approved by the Board of County
Commissioners in on Tuesday, November 18, 2008.
The Minutes & Records Department has also kept a copy on file as part of
the Board's permanent records.
If you should have any questions, please contact me at 252-8406.
Thank you,
Enclosures
16D3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be luUld delivered to Ihe Board 01licc. The completed rouling slip and original
documents are to be fOf\varded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate li)T additional signatures, dates, and/or infonnation needed. If the document is already complete with the
execution of the Chairman's sie:nature, draw a line through routing lines # I through #4, comotelc the checklist, amllixward to Sue Filson (line#5)
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service 7jL 1
l.i!zc7~'f(
2. Chairman Tom Henning BCC . I
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contoct is the holder of the original document pending Bee approval. Normally the primary contacl is till' person who created/prepared the executive
summary. Primary contact infoffilation is needcd in the evcnt one ofUle addrcssee, above, illclujing Sue 1'"i1S'111. need to cmtact stall for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered Lo the B("{' olfice only aller the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was IIIl 8/2008 Agenda Item Number 16D_ '3
Approved by the BCC
Type of Document Amendment 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 reviev,.:ed and signed
by the Office of the County Attorney. This includes signature pages trom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossiblv State Officials.)
All handwritten strike-through and revisions have been initialed. by the County' Attorney's
Office and all other ,a'1ies excc t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the dale 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 01' BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nutlined. Be aware of your deadlines!
The document was approved hy the BCC on I I1t8/2008 and all changes made during
the meeting have been incorporated in the attached documeot The County Attorney's
Office has reviewed the chao J'es, if a licable.
Yes
(Initial)
N/A(Not
Applicable)
2.
3.
4.
5.
6.
'11-
n/a
1L
ff-
I: Fonns! COlmty Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, RcviseJ 1.26.05, Revised 2.24.05
16D3
November 18, 2008
Maria Ortiz-Hill
Director
Community Planning and Development
US Department of Housing and Development Division
Brickell Plaza Federal Building
909 SE First Avenue Room 500
Miami, FL 33131-3042
RE: Notification ofNSP Amendment to 2008-09 HUD Action Plan
Dear Ms. Ortiz-Hill:
The Collier County Board of County Commissioners (BCC) met on Tuesday, November 18,
2008, and considered the substantial amendment to our One Year Action Plan as directed by our
approved Citizen Participation Plan. The amendment addresses how Collier County will program
and expend the funds awarded in the Neighborhood Stabilization Program (NSP).
This amendment was advertised in a local newspaper on October 20, 2008 and posted on the
colliergov.net website for 15 days beginning on October 22, 2008. A IS-day public comment
period advertising the proposed NSP amendment began on October 22, 2008 and closed on
November 6,2008. The amendment was approved at the November 18,2008, regular meeting of
the BCe.
We believe this program will assist our citizens earning less than 120% of the median income to
find decent, affordable housing utilizing existing properties that have been foreclosed.
A listing of the strategies and proposed funding are attached for your records. Should you have
any questions on this amendment, please contact Ms. Marcy Krumbine, Director of the Housing
~'~m'""2m52_"6J (HOME)
Tom Henning
Chairman
Collier County Board of County Commissioners
Enclosure: Collier County Budget and Strategy Summary
COLLIER COr~TY ~SP .HLOC\TIO:'\" ; ~,.~06,~~5.I)O .~-~-
Amount hy 500" .-L\U and B".)ow :,qQo 120"0 -nIl Tld,llll;.-
Adirin- AmulIut /UIlOlIIUI .\.(ji\-i~~
---...-- .~_.
Pl~:Jlliu~ ,\;id Admllll~ll','[Wll \ ~ 3~)t 7:"' <- \ , ; -'" " :-'}\-;
AC'~Ul~tioa ,1Lld R~Il.1bll:.~tl(on 0fFo~,"cl('''ed Pf,~penI6 f0r3..(".lle \ J S 7~) ": .:' .:' _ :~ C I ~, -, _~') 6 -: :'G \ -_:;~~*~ +-~f*i8Z-
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TOTALS S ~,306,'::'55,(lO \ J,8~'::'.OOO.OO \ .I.~",9"08H.OO \ '::'.306.~5:;.O(l
PERCT:\"TAGE OF TOTAL ALLOC.-\ TIO:\' l:,.OO~ u 65.00~ ~
1603' .!
APPLICATION FOR
FEDERAL ASSISTANCE
-~~:~: SUBMISSION: 1~:ep~li:tian
m Conettuc11on fj Construction
'i[J...~O"~CO~.f1N,~1IO~Lm_______.n ,~on~.C'on'tr!.l(:t!l;m
. S, AP~LICANT INFORMATION
'Legal Name: __~___m__.m , ' '____nm_ -
! Co{Iier County
~~1%~~~ggnal' DUNS:
"AdCfriH: ....._..."'_._m'_~...~__.
'~ftreet
3301 Tamiarni Trail E
BuildIng H
iCity.
i Naples
; County:
'Col!tt1r
I ~~Wde j~m"e_
: Country:
! United ~~Ies _'___'~"
:.. EMPLOYER IDENTIFICATION NUMBER (EIN)
CMB AUt.:':foved
2. OATE SUBMITTED
Nc. ~~:j7i;l OOC6
'~_~____m'---'lAPPlicant ldenh~er
.. <Stai'Ei Appli'cal'ionl'lieniifler'
Version 7{03
3. DATE RECEIVED BY STATE
4.oAti'REC"EI\1fc'BY"FEOERAL"AGENCY Federal Identifier
],~'lP'nlza~~_~_~~Y.~~L_
i Depar1ment
I Housing and Human Setvi~~s
- ___m_ fi' B~bTi~~ElI'vices --.. '__'_m___~'m_.___~_.
-.- ,_._-,~ .",.,-.-.-.' ~~r:vi~~;~.:;;I~:::r;::I~:f=:~~I"~'contacteifcin"ml~:~"
Prefix: First Name:
I Me~y
Middle Name
'kil5tN!ltme
rumbtne
Suffix
.
II Email: ,~-._'_.
_"_ marcykf\l[1lbine@c~!~':!~E.~'!!.~,.._
'Phone Number (Ii1IW liIIfWI code)
F~x"Nurrlber"'igM-~';'a'Codej -
i [5]~-ie:]~~[[][1!J
8, TYPE OF APPLl AnON:
11 New r-: COl1th1l.uttion
;t Revision, enter appropriate Iett8r(s) in brJx(el5)
(See back of form for descrlptJon 011etlers }
239252-6442 239252.2638
.,_~w~~__ 't:-TYPE OF APPLICANT: l&!e bac~ of form'for-Appllcation"Yypes)
r Revision
o
[J
County
ther (specify)
I
Other (spedfyt
1'0:' CATALOG OF FEDERAL DOMESTIC ASsiSTANCE NUMBER:'-'
iJI4:-[a'J8l
9. NAME OF FEDERAL AGENCY:
Housing and Urban Development
1"1:'"DiiCRfPTtVE TITLE OF APPLICANrs PROJEct:
TITLE (Name of Program):
: Neighborhood StablJizalJon Program
, 12. AREAS AFFECTED By'iiROj'i~CT (Cities. Countie'S. Stares:' B'te
Collier County
!Ti PROPOSI!:O PROJECT -~.~~-'~~. CONGRESSIONAL DISTRICTS OF:
~Start Date: Ending Date. S, Applcant .--r6J)ft;Ject .._,-_._-~
: January 15. 2oQ09 July 30, 2013 14125 ~f25
. 15:'ESnMATED FU~DiNG: ...... _.. '--'..IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUtjil,f"
:."...,e' oS pRDER ~~fsR~t!'l~~C1CAT'bl.jiAPPCiCAT'ON WAS MADE
~--...-._.. 7,306,755 I' a Ve.. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
;b Applicant ~ : ' PROCESS FOR REVIEW ON
;:~:;. t := ,b No. r;j ~:::RAM IS NOT COVERED BY E 0 12372
e. 'Olhe, 'r_._......IJ . '",_...__: 0 ~~:~f~~;:r HAS NOT BEEN SELECTED BY STATE
,:~;;~ Income ~___~~_ ..... .130675: ~ . ~ ~:::~Y::~~~:~hN:n::::::nNr ON ANY :::RAC-OESt7
i fi.'tcfTHE BEST OF MY KNOWLEDGE AND BELIEf. ALL "DATA IN THIS APPLICATlONIPREAPPLlCAT10N'ARE tRUE~ANO 'CORRECT. THE
'DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING eODY OF THE APPLICANT AND rHE APPLlCANr WILL COMPLY WITH THE
",TrACHEO ASSURANCES IF THE ASSISTANCE IS AWARDED.
:i:~"7,jIE9nitil.Bl:o",lM'JntatlVe ....--......, ...- .....----:',___..,,_.__~__..
r{refiX .. J51~.~~_.._....
i Collier County Neighbortlood Slablllzation Program
~lddliiName .
lLUffiX-.-------- .
~_'H_. "............. "'. Te~p.ho. IltI Number (gl.... area wde;
. _.~""~ ~ ?39 2~R.8097. ~
. . O.t. Signed IU1~@'l------- ,.i
. to"",," on" '24 JR.. ..200=\:.
Appr&oe<lilllllllll>lDmI6lstJeI._lciency
(I~
Colle n Greene,
Assistant County Attorney
-Cast Name ---"
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.Chao,",.n. Baa'<l of Cauntt Cam""""ne" ".' "'. . ,_""
~ SIgnature of Authorized Repre$entative ,,' ,
\. .....................--.._--..~-'""_............ ,.. ....~-.-
J."e\ll.::tli~ Edition UII<lble
~djt-,nr;-to;.lf fn' Lu-caJ Reoroom:tH)"ll
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16D3
ASSURANCES. NON-CONSTRUCTION PROGRAMS
OM9 ApP'oval No 03/18-0040
rpUbliC reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
iln6tructions, searching eXisting data s,ources, gatherIng and maintaining the data needed, and completing and reviewing the collection ur
linformation. Send comments regarding the burden estimate Oi any other aspect of this collection of Information, Including suggestions tor
;reducing this burden, to the Offlee of Management and Budget. Paperwork Reduction Project (0348-0040). Washington. OC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET_
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY,
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(inclLJding funds sufficient to pay the non-Federal share
of project cost) to ensure proper planning, managemsnt
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, If appropriate, the State,
through any authorized representative, aecas! to and
the right to examine all records, books, papers, or
documents related to lhe award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives
3. Will establish safeguards to prohibit employees from
using their positions for a purpose thai constitutes or
presents the appearance or personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
S. Will comply with the Il'ltergovemmental Personnel Act of
1970 (42 U.S.C ~~472!l4763) relaling to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Stenderds for a Merit System of
Personnel Administration (5 CF.R. 900, Subpart F).
6. Will comply With all Federal statutes relating to
nondiscrimination. Thase include but are not limited to:
(e) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits dIscrimination on the basis af race, color
or national origin; (b) Title IX of the Education
Amendments of 1972. es amended (20 U.S.C. ~~1681.
1683, and 1685~'686). which prohfbits discrimination on
the basis 0' sex; (c) Section 504 of the Rehabilitation
Prevloua Edhlon U..bl.
Act of 1973, as amended (29 U.S.C. ~794). WhiCh
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
US.C. ~!l6101.6107). which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrfmlnatlon on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism PreventIon, Treatment and Rehabilijation
Act of 1970 (P.L. 91-616), as amended. relating to
nondiscrimination on the basis of alcohol abuse or
aicoholism; (g) ~!j523 and 527 Of the Public Heatth
Service Act of 1912 (42 U.S.C. !j~290 dd-3 and 290 ee
3), as amended, relating to conflden1iality of alcohol
and drug abuse patient records: (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. ~~3801 at seq.), es
amended, relating to nondiscrimination in the sale,
rental or financing of housing; {i) any other
nondiscrimination provisions in the specific statute(lS)
under which appllcatlon for Federal assIstance is befOg
made: and, 0) the requirements of any other
nondiscriminatIon statute(s) which may apply to the
application.
7 Will comply, or has alreatfy complied, with the
requirements of Titles II and III of the Uniform
ReJocalion ASSistance and Real Property Acquisition
Policies Act of 1970 (PL. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property ;8 acquired 8S a result of Federal or
fOderally-assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases
8. Will comply, as apphcable, with proviSions of the
Hatch Act (5 U.S.C. ~~1501.1508 and 7324-7328)
which limit the political activities of employees whose
prlncipel employment activities are funded in whole or
in part With Federal funds.
Authorized for Local Reproduction
Standard Form 4248 (Re-v. 7-97)
Preticrtbed by OMB Circular A-10Z
9 Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. ~~276a to 276a-7), the Copeland Act
(40 U.S.C. ~276e and 18 U.S.C. $674). and the Contract
Work Hours and Safety Standards Act (40 U.S.C. $$327-
333). regarding labor standards for federally-assisted
construction subagreemenls.
10. Will comply, If applicable, with flood insurance purchase
requirements of Section 102(a) of the FlOod Disaster
Prolectlon Act of 1973 (P.L. 93-234) which reqUIres
recipients in a special flood hazard area to participate in the
program and to purchase flood Insurance if the total COSIO'
insurable construction and acquisilion IS 510,000 or mare
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) insti1ution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (PL. 91-190) and
Executive Order (EO) 11514: (b) notification of violating
facilities pursuant to EO 11738; (c) protec1ion of wetlands
pursuant to EO 11990: (d) evaluation of flood hazards in
floodplains in accordance with EO H988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. $~1451 et seq_), (f) conformity of
Federal actions to State (Clean Air) ImplementatIon Plans
under Section 176(c) of the Clean Ajr Act of 1955, as
amended (42 U.S.C ~$7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinkin9 Waler Act of 1974. as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93~
205)
Collier County
'-----~_.'"
Approved as to form & 199m sufficiency
{~~
,
Colleen Greene,
16D3
12. Will comply with the Wild and Scenic Rivers Act of
1966 (16 U S.C. ~~1271 et seq.) ralated to protecting
components or potential components of the nabonal
wild and scenic rivers system.
13. Will assist the awarding agency In assuring compliance
with Section 106 Of the National Historic Preservation
Act of 1966. as amended 116 U.S.C. ~70), EO 11593
(identification and protsction of historic properties), and
the ArchaeologIcal and Historic PreS9Natlon Act of
1974 (16 U.S.C ~~6ga-l el seq.).
14. Will comply w"h P.L. 93.346 regarding the protection of
human subjects involved in research. development, end
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. B9-544, as amended. 7 U.S.C. ~~2131 at
seq ) pertaining 10 the care, handling, and trea1ment of
warm blooded animals held for research, teaching. or
other activities supported by this award of assistance.
16. Will comply with the Laad-Based Paint Poisoning
Prevention Act (42 U.S.C. $~a01 et seq.) which
proh~bit5 the use of lead-based pain1 in construction or
rehabilitation of residence structures.
17 Will causa 10 be performed Ihe required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No_ A-133.
"Audits Qf States, Local Governments. and Non~Profit
Organizatlons. ~
18. Will comply with ail applicable requirements of all olher
Federal laws, executive orders, regulations, and policies
goveming this program.
-TfiTLE
Chairman, Boa~d of County
f"'r. i sa; ()npr~
DATE SUBMITTED
H/I<t/7cOi
.'i
Stendard Form 4248 (Rev. 7-97) Ba~-k
A TrEST:
DWIGHT E. 3ROCK. Clerk
A~test at to
'-~'~_.'."~-""'~~'~"""""'''''_.~~--_._- .",'..",'......._.~---.,.~--
16D3
CERTIFICATIONS
(I) Affirmatively furthering fair housing, The jurisdiction will affirmatively further fair housing, which means
that it will conduct an analysis to identify 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 the analysis and actions in this regard,
(2) Anti-lobbying, The jurisdiction will comply with restrictions on lobbying required by 24 CFR part 87,
together with disclosure forms, if required by that part.
(3) Authority of Jurisdiction, The jurisdiction possesses the legal authority to carry out the programs for which
it is seeking funding, in accordance with applicable HUD regulations and other program requirements.
(4) Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with its
consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of
abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment.
(5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U. S,c.
4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for
the NSP program published by HUD.
(6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968
(12 U.S.c. l70Iu), and implementing regulations at 24 CFR part 135.
(7) Citizen Participation, The jurisdiction is in full compliance and following a detailed citizen p811icipation plan
that satisfies the requirements of Sections 24 CFR 91.105 or 91_115, as modified by NSP requirements.
(8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
(9) Use of funds in 18 months, The jurisdiction will comply with Title III of Division B of the Housing and
Economic Recovery Act of2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of
receipt of the grant.
(10) Use NSP funds $120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds
made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent
of area median income.
(II) Assessments. The jurisdiction 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 oflow- and moderate-income, including any fee charged or assessment made as a condition
of obtaining access to such public improvements. However, ifNSP funds are used to pay the proportion of a fee or
assessment attributable to the capital costs of public improvements (assisted in part with NSP 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. In addition, with respect to properties owned and
occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction
certifies that it lacks NSP or CDBG funds to cover the assessment.
9
16D3
(12) Excessive Force, The jurisdiction certifies that it has adopted and is enforcing: (I) 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 that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(13) Compliance with anti-discrimination laws, The NSP grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.CO 3601-
3619), and implementing regulations.
(14) Compliance with lead-based paint procedures, The activities concerning lead-based paint will comply
with the requirements of part 35, subparts A, B, J, K, and R of this title.
The jurisdiction will comply with applicable laws.
Ll J \'t/UJD?I
Dat~ .
S ignatur
~
Title
Approved as to form & legal sufficiency
~~
Colleen Greene,
Assistant County Attorney
'\TTESI .
DWIGHT E BROCK, ClerJc" . .
BY_,_~~('
Attest &I to C~Inl4ltc'" J'
Stgnlture 011." . ,.."
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~
10
1605
MEMORANDUM
Date:
November 21, 2008
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
A Subrecipient Agreement providing for a Florida,
Department of Children and Families, Challenge Grant
to The National Alliance on Mental Illness (NAMI) for
Homeless Assistance.
Attached, please find two original sub recipient agreements, referenced
above (Agenda Item #16D5) approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has kept an original document as
part of the Board's permanent record,
If you should have any questions, please contact me 252-8406.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sq(, D 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate lor additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman '5 sie:nature, 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)
L
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared lhe executive
summary. Primary contact information is needed in the event one of the addre:.sees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents net:ding the Bee Chainnan's signature are to be delivered to tht: BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Shawn Tan Phone Number 252-2376
Contact
Agenda Date Item was November 18, 2008 Agenda Item Number 1605
Approved bv the BCC
Type of Document Sub-recipient Agreement N umber 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 !Tom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages fi-om
contracts, agreements, etc. that have been fully executed hy 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 exee 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 Jnature 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 oftiee within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time !Tame or the BCe's actions are nullified. Be aware of our deadlines'
The document was approved by the BCC on 11/18/2008 (enter date) and all changes
made during the meeting have heeo 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.
S'7
s
~
f
)1
I: Forms/ County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05. Revised 2.24.05
16D5
AGREEMENT BETWEEN COLLIER COUNTY
AND
NATIONAL ALLIANCE ON MENTAL ILLNESS
State of Florida Homeless Assistance Challenge Grant# HFZ93
THIS AGREEMENT, is entered into this ~Lday of /\/ o\J~W) be -r ,2008,
by and between Collier County and the National Alliance on Mental Illness, a private not-foh
profit corporation existing under the laws of the State of Florida, having its principal office at
5020 Tamiami North, Naples, FL 34103, and its Federal Tax Identification number as 65-
0047747, hereinafter referred to as "SubrecipienL"
WHEREAS, Collier County has entered into a Challenge Grant Agreement with the
State of Florida Department of Children and Families hereinafter referred to as the "Challenge
Agreement," in which Collier County was awarded the sum of $96,000 to provide homeless
assistance as described in Collier County's application dated July 8, 2008; and
WHEREAS, Collier County believes it to be in the public interest to provide certain
activities required by the Challenge Grant Agreement to Collier County residents through the
Subrecipient according to this Agreement, and all other terms and conditions as specified; and
WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms,
and Subrecipient desire to provide the activities specified in the SCG application; and
WHEREAS, Collier County further agrees that it will use due diligence in supervising
the Subrecipient to assure that funds are expended for the purposes intended and that a full
accounting for these grant funds are made.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, including the attachments, and subject to the terms and conditions hereinafter stated,
the Parties hereto understand and agree as follows:
National Alliance on Mental Illness
2008 Challenge Grant
Page I of 15
16D5
ARTICLE ONE:
DEFINITION
DEFINITIONS
(I) "CCHHS" means Collier County Housing and Human Services Department and
where applicable, its authorized representative(s).
(2) "CCHHS Approval" means the written approval of the CCHHS Division Director
or designee,
(3) "COUNTY" means Collier County, and where applicable, it's authorized
representati ve( s).
(4) "DCF" means the State of Florida Department of Children and Families as the
agent for the State Office on Homelessness.
(5) "SCG" means the State Challenge Grant as authorized in Section 420,622(4), FI~
Stat.
(6) "SUBRECIPIENT" means National Alliance on Mental Illness.
(7) "Homeless" as defined by Section 420,621, Fla, Stat.
(8) "Program Beneficiaries" means homeless persons or those at risk of becoming
homeless.
(9) "Project" means the work contemplated to be performed as set forth in Exhibit
hA,"
ARTICLE TWO: SCOPE OF SERVICES
The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be
carried out all services described or referred to in Exhibit "A," and shall submit each
request for reimbursement using the cover sheet in Exhibit "B," which are attached
hereto and made a part hereof. One hundred percent (100%) of the beneficiaries of a
project funded under this Agreement must be persons who are homeless or at-risk of
homelessness,
ARTICLE THREE: TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this project by the State under the SCG. The
effective date shall be the latest date of execution of this Agreement, and the services of the
Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the Subrecipient by June 30,
2009. No exceptions or extensions shall be granted. Any funds not obligated by the expiration
date of this Agreement shall automatically revert to the County.
National Alliance on Mental Illness
2008 Challenge Grant
Page 2 of 15
16D5
ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS
Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined
by the County, in an amount not to exceed $6,336 (SIX THOUSAND THREE HUNDRED
THIRTY SIX DOLLARS) for the services described in Exhibit "A." In the event the project
costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County
reserves the right to inspect records and project sites to determine that reimbursement and
compensation requests are reasonable, The County also reserves the right to hold payment until
adequate documentation has been provided and reviewed, but such payments shall not be
arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations
is provided.
Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the.
project. Final payment shall be made after the County has determined that all services have been
rendered, files and documentation delivered, and units have been placed in service in full
compliance with DCF regulations, including submission of a completion report and
documentation of eligible occupancy, property standards and applicable restrictions. Said
determination shall be made within reasonable time, but no later than forty-five (45) days after
Subrecipient has submitted its final invoice.
The County shall have the right to review and audit all records of the Subrecipient pertaining to
any payment by the County, Said records shall be maintained for a period of six years after
completion,
All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or
shall be put out to competitive bidding under a procedure acceptable to the County and state
requirements, Subrecipient shall enter into contract for improvements with the lowest responsive
and responsible bidder. Contract administration shall be handled by Subrecipient and monitored
by the County, which shall have access to all records and documents related to the project.
ARTICLE FIVE:
PAYMENTS
A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHS,
or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to
items in Exhibit A.
B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit
"B," which is attached hereto and made a part hereof. These requests will only be
approved if:
1. The contractor's/vendor's requests for payment has been reviewed and approved
by the Subrecipient as stated on the Request for Payment and the attached original
invoice, In no event shall CCHHS provide advance funding to the Subrecipient or
any other subcontractors /vendors hereunder.
2, For purposes of this section, originals of invoices, receipts, or other evidence of
National Alliance on Mental Illness
2008 Challenge Grant
Page 3 of 15
16D5
indebtedness shall be considered proper documentation, When original documents
cannot be presented, the Subrecipient must adequately justify their absence, in
writing, and furnish copies,
3, Upon receipt of the above enumerated documentation, and approval by
Subrecipient, payment shall be made by the CCHHS.
C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be
available, on request, for inspection or audit in accordance with the provisions of Article
Nine herein.
D, The County shall pay the Subrecipient for the performance of this Agreement upon
completion or .partial completion of the work tasks as accepted and approved by CCHHS
pursuant to the submittal of monthly progress reports as identified in Exhibit "C." .
E. Payment shall be made to the Subrecipient when requested as work progresses but not
more frequently than once per month,
F, Adherence to the work schedule, when appropriate, will be required unless modified in
writing by the parties.
G, Payment will be made upon receipt of a proper invoice and upon approval by the
CCHHS, or its designee, and in compliance with Section 218,70, Fla, Stat., otherwise
known as the "Local Government Prompt Payment Act",
H. Subrecipient shall render a final and complete statement to CCHHS of all costs and
charges for services not previously invoiced. The CCHHS shall not be responsible for
payments of any charges, claims or demands of the Subrecipient received after June 30,
2009.
ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES,
REGULATIONS AND LAWS
During the performance of this Agreement, the Subrecipient agrees to comply with any
applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined
in Section 420.621, Fla. Stat. through 420.626, Fla. Stat.
No funds provided by this grant may be expended for the purpose of lobbying the legislature, the
judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or
representatives to monitor the services, which are the subject of this SCG.
The Subrecipient is required to participate in the local homeless management information system
for the continuum of care in conformance with state and federal law.
National Alliance on Mental Illness
2008 Challenge Grant
Page 4 of 15
16D5
ARTICLE SEVEN: PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must
recognize the County as the recipient funded by the State of Florida Office on Homelessness
through the Department of Children and Families as the entity that provided funds for the
project.
ARTICLE EIGHT: MANAGEMENT ASSISTANCE
CCHHS will be available to the Subrecipient to provide guidance on SCG requirements,
ARTICLE NINE: ; MAINTENANCE OF RECORDS
Subrecipient shall maintain the following records,
A. Subrecipient shall maintain such records, accounts, property records, and
personnel records, as are deemed necessary by the CCHHS to assure proper
accounting of project funds and compliance with the provisions of this
Agreement
The SUBRECIPIENT shall maintain all necessary financial records as required by
DCF Regulations and shall maintain the following financial records:
I. An invoice and a copy of a warranty for all items purchased and paid for
under standard Subrecipient procedures.
2, The current, prevailing Agreement, all project contracts, and
corresponding billings.
B. Subrecipient shall maintain project records and financial information so that the
State could conduct an audit of SCG activities and funds, All audits covering the
use of SCG funds shall be provided to CCHHS.
C. All records and contracts of whatever nature required by this Agreement shall be
available for audit, inspection or copying at any time during normal business
hours and as often as the CCHHS or DCF, may deem necessary, CCHHS shall
have the right to obtain and inspect any audit pertaining to the performance of this
Agreement made by any local, state or federal agency. Subrecipient shall retain
all of its records and supporting documentation applicable to the Agreement for a
period of not less than six (6) years after the starting date of this SCG Agreement
or, if audit findings have not been resolved at the end of the six (6) year period,
the records shall be retained until resolution of the audit findings. State auditors
and any person duly authorized by DCF or CCHHS shall have the right to
examine any of the said materials at any time during regular business hours,
National Alliance on Mental Illness
2008 Challenge Grant
Page 5 of 15
16D5
D, Subrecipient shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Fla, Stat., and made or
received by the Subrecipient in conjunction with this SCG.
ARTICLE TEN:
MONTHLY REPORTS AND EVALUATION
Subrecipient agrees to provide the CCHHS with monthly status reports no later than the 10th of
every month as shown in Exhibit C beginning the month of contract execution. A final report
summarizing progress, timetables, and financial information for monitoring and evaluating all
aspects of project activities must be provided prior to grant closeout.
;
ARTICLE ELEVEN:
INDEPENDENT AGENT AND EMPLOYEES
Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Collier County employees and are not subject
to the County provisions of the law applicable to County employees relative to employment,
hours of work, rates of compensation, leave, unemployment compensation and employee
benefits,
ARTICLE TWELVE:
CONTRACTS
All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall
be made in accordance with all applicable laws, rules and regulations stipulated in this
Agreement. Any work or services contracted hereunder shall qe specified by written contract or
Agreement and shall be subject to each Article set forth in this Agreement and written approval
of CCHHS,
ARTICLE THIRTEEN:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the
Subrecipient who exercises or have exercised any function or responsibility with respect to SCG
activities assisted under or who are in the position to participate in a decision making process or
gain inside information with regard to such activities, may obtain a financial interest or benefit
from a SCG assisted activity, or have a financial interest in any contract, subcontract or
agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG
assisted activity, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
ARTICLE FOURTEEN: INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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
National Alliance on Mental Illness
2008 Challenge Grant
Page 6 of 15
16D5
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT 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. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
ARTICLE FIFTEEN:
INSURANCE
Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived
in writing by the Coupty, Subrecipient shall provide the follo)Ving:
L COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall furnish to the Housing and Human Services
Department, Certificate( s) of Insurance evidencing insurance coverage that meets
the requirements as outlined below:
(a,) Workers' Compensation as required by Chapter 440, Florida Statutes,
(b.) Public Liability Insurance on a comprehensive basis in an amount no less
than $300,000 per occurrence for combined Bodily Injury and Property
Damage, Collier County must be shown as an additional insured with
respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than
$300,000 per occurrence for combined Bodily Injury and Property Damage.
ARTICLE SIXTEEN:
WAIVER
Subrecipient will not waive any of the duties and obligations under the contract without the
express written consent of Collier County.
ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property.
CCHHS will provide a resale certificate to be completed by the Subrecipient whereby
Subrecipient represents and warrants that it has filed for and received an exemption from Florida
Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless
Collier County from any and all taxes, penalties, interest and professional fees associated with
the collection of any sales tax under the SCG.
National Alliance on Mental Illness
2008 Challenge Grant
Page 7 of 15
16DS
ARTICLE EIGHTEEN:
SEVERABILITY
AMENDMENT; NON-ASSIGNABILITY; MERGER AND
The County may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or DCF guidelines, directives, and objectives, Such amendments shall be
incorporated by written amendment as a part of this Agreement and shall be subject to approval
of the County, Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the County and signed by each Party's
authorized representatives. This Agreement may not be extended beyond June 30, 2009.
Subrecipient may not assign this Agreement without the prior written consent of Collier County
and DCF,
~
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto
and constitutes the entire understanding. The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein. If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
ARTICLE NINETEEN:
TERMINATION
I. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the County is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that DCF specifies.
4, GRANT CLOSEOUT PROCEDURES
Subrecipient's obligation to the County shall not end until all closeout requirements are
completed, Activities during this closeout period shall include, but not be limited to: making
final payments, disposing of program assets (including the return of all unused materials,
National Alliance on Mental Illness
2008 Challenge Grant
Page 8 of 15
16D5
equipment, unspent cash advances, program income balances, and receivable accounts to the
County), and determining the custodianship ofrecords.
ARTICLE TWENTY:
HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for
convenience only and shall not affect the construction or interpretation hereof.
ARTICLE TWENTY ONE:
NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered,
to Collier County Housing and Human Services Department at its office, presently located at
3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when
delivered to its office at the address listed on this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
National Alliance on Mental Illness
2008 Challenge Grant
Page 9 of 15
16DS
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this November 18, 2008.
ATTES~
Dwight E.B~pc.k, Clerk of Courts
. , i"
::~~_.t~U.-0-C .
,. (SEAL)',' .
'Atte.t II .~ E>h<<lrNn .
IloiI'~~~I'~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ByJ~~'
Tom Henning, C lrman
National Alliance on Mentallllness
?ii(~ fal/t/i
I.!IL~)Y /c//r~/'
Type/print witness name
~~
Second Witness
By: !~ ~k.---
Subrecipient Signature
k'orth r n ~W'~U' r~f(.l/rfr'V< PI (-lcft1r
Type Pri t Subrecipient name and title
sh q /IVV1 To. ""-
Type/print witness name
Approved as to form and
legal sufficiency:
CAPPoo>>h1 ~
Assistant County Attorney Signature
Ilcm#
\loDb
co {ef'fI fVl . 6reene
Type/Print Name
National Alliance on Mental Illness
2008 Challenge Grant
Page 10 of 15
16DS
EXHIBIT "A"
SCOPE OF SERVICES
l. THE SUB RECIPIENT AGREES TO:
A. PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall
be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-
consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or
others as deemed necessary for the nature of the project.
B. PROJECT SCOPE:
The purpose of this project is to provide the homeless population in Collier County with
consumer care assistance, such as, emergency rental assistance, psychiatric evaluations,
medications, eye glasses, and dental work; and for social activities at the Sarah Ann Drop-In
Center.
C. BUDGET:
Challenge Grant funding for Consumer Care and Sarah Ann Drop-In Center
Line Item: SCG Funds
Consumer Care (emergency rental assistance/
Psychiatric Evaluations/
Medications/Eye Glasses/ Dental Work $5,336
Sarah Ann Drop-In Center $1,000
Total Budget $6,336
D, ST AFFlNG: Provide list of staff and time commitments to be allocated to each activity
specified in B (Project Scope) and C (Budget) above, if applicable.
E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded
projects may result in the delay of processing reimbursement requests for ongoing activities or
in the forfeiture of future State of Florida Challenge Grant funds.
F. WORK SCHEDULE: The time frame for eomoletion of the outlined activities shall be:
Project to be complete no later than June 30, 2009
K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the
CCHHS coordinator outlining the status of specific activities under the project. Each report
must account for the total activity for which the SUBREC IPIENT is reimbursed with State
National Alliance on Mental Illness
2008 Challenge Grant
Page II ofl5
1605
Challenge Grant funds, in part or in whole, and which is required in fulfillment of their
obligations regarding the Project. The progress reports shall be used as an additional basis for
CCHHS approval of invoices, etc. for reimbursement.
L. COMPENSATION, The County shall pay the SUBRECIPIENTfor the performance of
this Agreement upon completion or partial completion of the work tasks as accepted and
approved by HHS pursuant to the submittal of monthly progress reports as identified in Article
Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but
not more frequently than once per month. Adherence to the work schedule identified in Exhibit
A, Article F, will be required, unless modified in writing by the parties. Payment will Payment
will be made upon receipt of a proper invoice and upon approval by the or his designee, and in
compliance with Section 218.70, Fla, Stat., otherwise known as the "Local Government Prompt
Payment Act".
.
National Alliance on Mental Illness
2008 Challenge Grant
Page 120fl5
16DS
EXHIBIT "B"
National Alliance on Mental Illness
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: National Alliance on Mental Illness
Subrecipient Address: 5020 Tamiami Trail North, Naples, FL 34103
Project Name: Challenge Grant
Project No: HFZ93
Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
6,336
2, Sum of Past Claims Paid on this Account
$
o
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
o
5, Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
7. If applicable amount held as retainage to date
by the County, if not retained by the sub-recipient
$
o
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the County and the Sub-recipient [also certify that the
amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
National Alliance on Mentallllness
2008 Challenge Grant
Page 13 of 15
16DS
EXHIBIT "C"
National Alliance on Mental Illness
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
MONTHLY PROGRESS REPORT
Complete form for past month and submit to HHS staff by the 1 (jh of the following month.
Status Report for Month of
Submittal Date:
Project Name
Project Number HFZ93
Activity Number
;
Subrecipient:
Contact Person
Telephone:
Fax:
E-mail:
Performance Measures
l. Activity Status/Milestones (describe any action taken, relating to this project, during the
past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
National Alliance on Mental Illness
2008 Challenge Grant
Page 14 of 15
16D5
Progress on Completion ofthe Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work
accomplished to date versus planned timeframes for completion of the activity as outlined in
your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and
steps being taken to assure completion of the activity or use by June 30, 2009.
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED
BY JUNE 30, 2009, report on the activity, the cause, and corrective actions (amendment to
reduce grant award, return of funds, identification of other uses that could be completed by
June 30, 2009 etc.).
National Alliance on Mental Illness
2008 Challenge Grant
Pagel50fl5
MEMORANDUM
Date:
November 21, 2008
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Sub recipient Agreement providing for a State of Florida,
Department of Children and Families Challenge Grant
for the Collier County Hunger and Homeless Coalition
Attached, please find two original sub recipient agreements, referenced
above (Agenda Item #16D6) approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has kept an original document as
part of the Board's permanent record,
If you should have any questions, please contact me 252-8406.
Thank you,
Attachments (2)
16D6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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
excention of the Chairman's shmature, draw a line throw::!i routinll Jines #1 through #4, complete the checklbt, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinR: 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 INFORMA nON
(The primary contact is the holder (lfthe original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary_ Primary contact information is needed in the event one of the addressees above, lIlcluding Sue I:ilson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Shawn Tan Phone Number 252-2376
Contact
Agenda Date Item was November 18,2008 Agenda Item Number 16D6
Approved bv the BCC
Type of Document Sub-recipient Agreement Number of Original 3
Attached Documents Attached
I.
INSTRlJCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Otlicials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Otlice 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 Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 11/1812008 (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 lieable)
2.
3.
4.
5.
6.
S1
)1
~1
S
)1
I: Forms! County Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04. R(~viscd 1.26.05. Revised 2.24.05
1606
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER AND HOMELESS COALITION
State of Florida Homeless Assistance Challenge Grant# HFZ93
THIS AGREEMENT, is entered into this I g +1--. day of Af Olle WI b-ei' , 2008,
by and between Collier County and the Collier County Hunger and Homeless, Inc, a private not-
for-profit corporation existing under the laws of the State of Florida, having its principal office at
279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04-
3610154, hereinafter referred to as "Subrecipient"
WHEREAS, Collier County has entered into a Challenge Grant Agreement with the
State of Florida Department of Children and Families hereinafter referred to as the "Challenge
Agreement," in which Collier County was awarded the sum of $96,000 to provide homeless
assistance as described in Collier County's application dated July 8, 2008; and
WHEREAS, Collier County believes it to be in the public interest to provide certain
activities required by the Challenge Grant Agreement to Collier County residents through the
Subrecipient according to this Agreement, and all other terms and conditions as specified; and
WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms,
and Subrecipient desire to provide the activities specified in the SCG application; and
WHEREAS, Collier County further agrees that it will use due diligence in supervising
the Subrecipient to assure that funds are expended for the purposes intended and that a full
accounting for these grant funds are made.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, including the attachments, and subject to the terms and conditions hereinafter stated,
the Parties hereto understand and agree as follows:
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page I of15
16D6
ARTICLE ONE:
DEFINITION
DEFINITIONS
(I) "CCHHS" means Collier County Housing and Human Services Department and
where applicable, its authorized representative(s).
(2) "CCHHS Approval" means the written approval of the CCHHS Division Director
or designee.
(3) "COUNTY" means Collier County, and where applicable, it's authorized
representati ve( s).
(4) "DCF" means the State of Florida Department of Children and Families as the
agent for the State Office on Homelessness.
(5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla,
Stat.
(6) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition.
(7) "Homeless" as defined by Section 420.621, Fla. Stat.
(8) "Program Beneficiaries" means homeless persons or those at risk of becoming
homeless.
(9) "Project" means the work contemplated to be performed as set forth in Exhibit
"A.~'
ARTICLE TWO: SCOPE OF SERVICES
The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be
carried out all services described or referred to in Exhibit "A," and shall submit each
request for reimbursement using the cover sheet in Exhibit "B," which are attached
hereto and made a part hereof. One hundred percent (100%) of the beneficiaries of a
project funded under this Agreement must be persons who are homeless or at-risk of
homelessness.
ARTICLE THREE: TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this project by the State under the SCG. The
effective date shall be the latest date of execution of this Agreement, and the services of the
Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the Subrecipient by June 30,
2009. No exceptions or extensions shall be granted. Any funds not obligated by the expiration
date of this Agreement shall automatically revert to the County.
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 2 of 15
16D6
ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS
Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined
by the County, in an amount not to exceed $38,496 (THIRTY EIGHT THOUSAND FOUR
HUNDRED NINETY SIX DOLLARS) for the services described in Exhibit "A" In the event
the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The
County reserves the right to inspect records and project sites to determine that reimbursement
and compensation requests are reasonable. The County also reserves the right to hold payment
until adequate documentation has been provided and reviewed, but such payments shall not be
arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations
is provided.
Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the
project. Final payment shall be made after the County has determined that all services have been
rendered, files and documentation delivered, and units have been placed in service in full
compliance with DCF regulations, including submission of a completion report and
documentation of eligible occupancy, property standards and applicable restrictions. Said
determination shall be made within reasonable time, but no later than forty-five (45) days after
Subrecipient has submitted its final invoice.
The County shall have the right to review and audit all records of the Subrecipient pertaining to
any payment by the County. Said records shall be maintained for a period of six years after
completion.
All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or
shall be put out to competitive bidding under a procedure acceptable to the County and state
requirements, Subrecipient shall enter into contract for improvements with the lowest responsive
and responsible bidder. Contract administration shall be handled by Subrecipient and monitored
by the County, which shall have access to all records and documents related to the project.
ARTICLE FIVE:
PAYMENTS
A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHS,
or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to
items in Exhibit A.
B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit
"B," which is attached hereto and made a part hereof. These requests will only be
approved if:
I. The contractor's/vendor's requests for payment has been reviewed and approved
by the Subrecipient as stated on the Request for Payment and the attached original
invoice. In no event shall CCHHS provide advance funding to the Subrecipient or
any other subcontractors /vendors hereunder.
2. For purposes of this section, originals of invoices, receipts, or other evidence of
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 3 of 15
16D6
indebtedness shall be considered proper documentation, When original documents
cannot be presented, the Subrecipient must adequately justify their absence, in
writing, and furnish copies.
3. Upon receipt of the above enumerated documentation, and approval by
Subrecipient, payment shall be made by the CCHHS.
C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be
available, on request, for inspection or audit in accordance with the provisions of Article
Nine herein.
D. The County shall pay the Subrecipient for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CCHHS
pursuant to the submittal of monthly progress reports as identified in Exhibit "c."
E. Payment shall be made to the Subrecipient when requested as work progresses but not
more frequently than once per month.
F. Adherence to the work schedule, when appropriate, will be required unless modified in
writing by the parties.
G. Payment will be made upon receipt of a proper invoice and upon approval by the
CCHHS, or its designee, and in compliance with Section 218.70, Fla, Stat, otherwise
known as the "Local Government Prompt Payment Act".
H. Subrecipient shall render a final and complete statement to CCHHS of all costs and
charges for services not previously invoiced. The CCHHS shall not be responsible for
payments of any charges, claims or demands of the Subrecipient received after June 30,
2009.
ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES,
REGULATIONS AND LAWS
During the performance of this Agreement, the Subrecipient agrees to comply with any
applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined
in Section 420.621, Fla, Stat through 420.626, Fla. Stat.
No funds provided by this grant may be expended for the purpose of lobbying the legislature, the
judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or
representatives to monitor the services, which are the subject of this SCG.
The Subrecipient is required to participate in the local homeless management information system
for the continuum of care in conformance with state and federal law.
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 4 of 15
1606.
ARTICLE SEVEN: PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must
recognize the County as the recipient funded by the State of Florida Office on Homelessness
through the Department of Children and Families as the entity that provided funds for the
project.
ARTICLE EIGHT: MANAGEMENT ASSISTANCE
CCHHS will be available to the Subrecipient to provide guidance on SCG requirements.
ARTICLE NINE: MAINTENANCE OF RECORDS
Subrecipient shall maintain the following records.
A. Subrecipient shall maintain such records, accounts, property records, and
personnel records, as are deemed necessary by the CCHHS to assure proper
accounting of project funds and compliance with the provisions of this
Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by
DCF Regulations and shall maintain the following financial records:
1. An invoice and a copy of a warranty for all items purchased and paid for
under standard Subrecipient procedures.
2. The current, prevailing Agreement, all project contracts, and
corresponding billings.
B. Subrecipient shall maintain project records and financial information so that the
State could conduct an audit of SCG activities and funds. All audits covering the
use ofSCG funds shall be provided to CCHHS.
C. All records and contracts of whatever nature required by this Agreement shall be
available for audit, inspection or copying at any time during normal business
hours and as often as the CCHHS or DCF, may deem necessary. CCHHS shall
have the right to obtain and inspect any audit pertaining to the performance of this
Agreement made by any local, state or federal agency. Subrecipient shall retain
all of its records and supporting documentation applicable to the Agreement for a
period of not less than six (6) years after the starting date of this SCG Agreement
or, if audit findings have not been resolved at the end of the six (6) year period,
the records shall be retained until resolution of the audit findings. State auditors
and any person duly authorized by DCF or CCHHS shall have the right to
examine any of the said materials at any time during regular business hours.
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 5 of 15
1606
D. Subrecipient shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Fla. Stat., and made or
received by the Subrecipient in conjunction with this SCG.
ARTICLE TEN:
MONTHLY REPORTS AND EVALUATION
Subrecipient agrees to provide the CCHHS with monthly status reports no later than the 10th of
every month as shown in Exhibit C beginning the month of contract execution. A final report
summarizing progress, timetables, and financial information for monitoring and evaluating all
aspects of project activities must be provided prior to grant closeout.
ARTICLE ELEVEN:
INDEPENDENT AGENT AND EMPLOYEES
Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Collier County employees and are not subject
to the County provisions of the law applicable to County employees relative to employment,
hours of work, rates of compensation, leave, unemployment compensation and employee
benefits.
ARTICLE TWELVE:
CONTRACTS
All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall
be made in accordance with all applicable laws, rules and regulations stipulated in this
Agreement. Any work or services contracted hereunder shall be specified by written contract or
Agreement and shall be subject to each Article set forth in this Agreement and written approval
ofCCHHS.
ARTICLE THIRTEEN:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the
Subrecipient who exercises or have exercised any function or responsibility with respect to SCG
activities assisted under or who are in the position to participate in a decision making process or
gain inside information with regard to such activities, may obtain a financial interest or benefit
from a SCG assisted activity, or have a financial interest in any contract, subcontract or
agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG
assisted activity, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
ARTICLE FOURTEEN: INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 6 of 15
1606
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT 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. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
ARTICLE FIFTEEN:
INSURANCE
Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived
in writing by the County, Subrecipient shall provide the following:
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall furnish to the Housing and Human Services
Department, Certificate( s) of Insurance evidencing insurance coverage that meets
the requirements as outlined below:
(a,) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b,) Public Liability Insurance on a comprehensive basis in an amount no less
than $300,000 per occurrence for combined Bodily Injury and Property
Damage. Collier County must be shown as an additional insured with
respect to this coverage,
(c) Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than
$300,000 per occurrence for combined Bodily Injury and Property Damage.
ARTICLE SIXTEEN:
WAIVER
Subrecipient will not waive any of the duties and obligations under the contract without the
express written consent of Collier County.
ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property.
CCHHS will provide a resale certificate to be completed by the Subrecipient whereby
Subrecipient represents and warrants that it has filed for and received an exemption from Florida
Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless
Collier County from any and all taxes, penalties, interest and professional fees associated with
the collection of any sales tax under the SCG.
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 7 of 15
16D6
ARTICLE EIGHTEEN:
SEVERABILITY
AMENDMENT; NON-ASSIGNABILITY; MERGER AND
The County may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or DCF guidelines, directives, and objectives. Such amendments shall be
incorporated by written amendment as a part of this Agreement and shall be subject to approval
of the County. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the County and signed by each Party's
authorized representatives, This Agreement may not be extended beyond June 30, 2009.
Subrecipient may not assign this Agreement without the prior written consent of Collier County
and DCF.
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto
and constitutes the entire understanding. The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein. If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
ARTICLE NINETEEN:
TERMINATION
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination.
3, TERMINATION DUE TO CESSATION
In the event the grant to the County is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that DCF specifies.
4. GRANT CLOSEOUT PROCEDURES
Subrecipient's obligation to the County shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making
final payments, disposing of program assets (including the return of all unused materials,
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 8 of 15
1606
equipment, unspent cash advances, program income balances, and receivable accounts to the
County), and determining the custodianship of records.
ARTICLE TWENTY:
HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for
convenience only and shall not affect the construction or interpretation hereof
ARTICLE TWENTY ONE:
NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to Collier County Housing and Human Services Department at its office, presently located at
3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when
delivered to its office at the address listed on this Agreement
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 9 of 15
1606
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this November 18, 2008.
ATTEST:
Dwight E. Brock, Clerk of Courts
" .-..
BY~ ..""o~/f).G'
Dated: .' - ..- ..
At ). ...... ,
s10llltlll"t 011111"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '-I~ ~ .
"JO'm Henning, ~airman
Collier Coun
)),. j,~ ::Jt1~
First Witness
By:
Subrecl ent Signature
h bv"-. ~o.~ r
TY~ witness name
<.~~
Second Witness
~&.-&1(~ ehQ(;"
Typ Print Subrecipient name and title
~.."dn:A.. /!1n 1I"1"-ertJ
Type/print witness name
Approved as to form and
legal sufficiency:
(rJ)~m ~
Assistant County Attorney Signature
Cotlw (VJ ,&eene
Type/Print Name
ltem# ~
Agenda I\.A (1 1\ g
Date .JU:..iL'V
Date t \?U)-rE
Rec'd
~
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 10 of 15
16D6
EXHIBIT "A"
SCOPE OF SERVICES
I. THE SUBRECIPlENT AGREES TO:
A. PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall
be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-
consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or
others as deemed necessary for the nature of the project.
B. PROJECT SCOPE:
The purpose of this project is to provide funding to maintain, improve, and expand the HUD
mandated HMIS System. Funding will be used for software and personnel training.
C. BUDGET:
Challenge Grant funding for software and personnel training
Line Item:
SCG Funds
Software-Client Track
Staff Training
$33,800
4,696
Total
$38,496
D. STAFFING: Provide list of staff and time commitments to be allocated to each activity
specified in B (Project Scope) and C (Budget) above, if applicable.
E. FORMER PROJECTS: Failure to adequately maintain any fonner State of Florida funded
projects may result in the delay of processing reimbursement requests for ongoing activities or
in the forfeiture of future State of Florida Challenge Grant funds.
F. WORK SCHEDULE: The time frame for comoletion of the outlined activities shall be:
Project to be complete no later than June 30, 2009.
K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the
CCHHS coordinator outlining the status of specific activities under the project. Each report
must account for the total activity for which the SUBRECIPIENT is reimbursed with State
Challenge Grant funds, in part or in whole, and which is required in fulfillment of their
obligations regarding the Project. The progress reports shall be used as an additional basis for
CCHHS approval of invoices, etc. for reimbursement.
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page II ofl5
16D6
L. COMPENSATION. The County shall pay the SUBRECIPIENTfor the performance of
this Agreement upon completion or partial completion of the work tasks as accepted and
approved by HHS pursuant to the submittal of monthly progress reports as identified in Article
Ten, Payments shall be made to the SUBRECIPIENT when requested as work progresses, but
not more frequently than once per month. Adherence to the work schedule identified in Exhibit
A, Article F, will be required, unless modified in writing by the parties. Payment will Payment
will be made upon receipt of a proper invoice and upon approval by the or his designee, and in
compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt
Payment Act",
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 12 of 15
16D6
EXHIBIT "B"
Collier County Hunl!er and Homeless Coalition. Ine
ST ATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier Countv Hunger and Homeless Coalition, Inc
Subrecipient Address: 279 Airport Road South. Naples, FL 34104
Project Name: Challenge Grant
Project No: HFZ93
Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
38,496
2. Sum of Past Claims Paid on this Account
$
o
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
o
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
7. If applicable amount held as retainage to date
by the County, if not retained by the sub-recipient
$
o
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the County and the Sub-recipient. I also certify that the
amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14.999)
(approval required $15,000 and above)
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 13 of 15
16D6
EXHIBIT "C"
Collier County Hune:er and Homeless Coalition. Inc
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
MONTHLY PROGRESS REPORT
Completeformfor past month and submit to HHS sta./fby the 1r1h of the following month.
Status Report for Month of
Submittal Date:
Project Name
Project Number HFZ93
Activity Number
Subrecipient:
Contact Person
Telephone:
Fax:
E-mail:
Performance Measures
1. Activity Status/Milestones (describe any action taken, relating to this project, during the
past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 14 of 15
1686
Progress on Completion of the Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work
accomplished to date versus planned timeframes for completion of the activity as outlined in
your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and
steps being taken to assure completion of the activity or use by June 30, 2009.
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED
BY JUNE 30, 2009, report on the activity, the cause, and corrective actions (amendment to
reduce grant award, return of funds, identification of other uses that could be completed by
June 30, 2009 etc.).
Collier County Hunger and Homeless Coalition
2008 Challenge Grant
Page 15 of 15
16D7
MEMORANDUM
Date:
November 21, 2008
To:
Gail Hambright
Tourist Tax Coordinator
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Amendment No.3 to FDEP Cost Share Contract
#05COl for construction and monitoring of the
City of Naples/Collier County Beach Renourishment
Project No. 905271
Attached, find please find two (2) original agreements, as referenced above,
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, November 18,2008.
The Minutes & Records Department has retained an original document for the
Board's permanent records.
If you have any questions, please call 252-8406.
Thank you,
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 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 shnuld be hand delivered to the Board Office. The completed routing slip and original
documents are to be fQlwarded to the Board Ol1ice only after the Board has taken action on the item_)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's silmature, draw a line throul!h routin\! lines #1 throuQh #4, comn1ete the checklist, and forward to Sue Filson line #5).
~oute to Addr~,~See(s) Office Initials Date
List in routimI order
1. - .-. - . ."--
-
2. -- ---- - . - .. - - - -
3. ---. -- -
.:....---.-
4. Colleen M. Greene, ACA County Attorney (! t-t/'-- 11119108
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk ofCourl's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive
sununary. Primary contact information is needed in the evenl one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to he delivered to the BCe office only after the BCC has acted to approve the
item.)
Name ofPrirnary Staff Gail Hambright Phone Number 252-2966
Contact Tourist Tax Coordinator
Agenda Date Item was 11118/08 Agenda Item Number 1607
Aooroved bv the BCC
Type of Document DEP Agreement No. 05COI Number of Original 3
Attached Amendment 3 Documents Attached
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is appropriate. Yes N/A(Not
(Initial) Aoolieable)
I. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the CMG
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the Bee Chainnan and Clerk to the Board and possibly State
OfficiaI~. ;-
2. All handwritten strike~through and revisions h3ve been initialed by the County Attorney's Office and N/A
all other narties excent the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered a5 the date of ACC approval of the document or CMG
the final nCQotiated contract date whichever is aoolicable.
4 "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG
initials are reauired.
5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A
provided to Sue Filson in the Bee 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 ofvour deadlines!
6 The document was approved by the BeC on 11/18/08 and all changes made during the meeting CMG N/A is not an
have been incorporated in the attached document. The County Attorney's Office has reviewed option for line
the chanpe~ if a-nolicable. 6.
7 Please return 3 OIi~nal documents to Gail Hambrioht CMG
INSTRUCTIONS & CHECKLIST
I: Forms/ County Fonns/ Bce Fonns/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
Hmatter _ numben>/iidocument _ numbem
VIA: DHL
Gary McAlpin
Collier County
3300 Santa Barbara Blvd.
Naples, Fl34Il6
16D7
Florida Department of
Environmental Protection
Charlie Crist
(iovcrnor
Jeff KottkJl11p
J J. (iovcrnor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Michael W. Sole
Sccn.::tar)!
RECEIVEDtober7,2008
OCT - B 2008
COASTAL ZONE
MANAGEMENT
RE: Execution of Amendment Project Agreement
Collier County Beach Nourishment
DEP Contract 05CO I~/ Amendment NO.3
Dear Mr. Gary McAlpin:
Enclosed please find a set of three (3) originals to amend the referenced project agreement, which are signed and
dated on behalf of the Department by Bureau Chief, Michael Barnett. If you find the Amendment to be in order, it is
requested that you execute each original by having them signed and dated, as appropriate. It is further requested
that you retain one (I) of the fully execnted originals for your records, and return the two (2) remaining fully
executed originals to me at the letterhead address, Mail Station #300, within five (5) working days following
completion of your internal review and signature process. Failure to execute and return the originals to the
Department in a timely manner may result in future payment delays, rejected billings or the possible reversion of
funds intended for this project. In the event that this Amendment provides additional funding for this Agreement, be
advised that work conducted on any eligible project item prior to written authorization by the Department may not
be eligible for reimbursement.
Should you have any questions, please contact me at 850/922-7711 or Vince George the project manager,
at 850/413-7783.
Enclosure
xc: Vince George, file
Sincerely,
\-----
",.,'- '.-- \.J
\-
Dena VanLandingham
Grants Program Administrator
Bureau of Beaches and Coastal Systems
"Afore ProJection. res.\' Process"
\!'IVW dqu/(/!ejl./f.\
AMENDMENT No: 3
DEP AGREEMENT No: 05COI
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
COLLIER COUNTY BEACH NOURISHMENT
16D7
THIS AGREEMENT entered into on the 29th day of November, 2005, and amended on the 12th day of
May, 2006, and on the 27'h day of August, 2007, between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the COLLIER
COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as
follows:
. Paragraphs I - 41 are hereby revised to read as follows:
]. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control
project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the
PROJECT), as defined in Attachment A-3 (Project Work Plan), attached hereto and made a part hereof,
and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement
the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all
attachments and exhibits named herein that are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the
terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably.
2. This Agreement shall begin on the last date executed and end on October 31, 2009. Pursuant to Section
161.]01 (]8), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its
subcontractor beginning on or after November 29, 2005, may be eligible for cost sharing by the
DEPARTMENT.
3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined
by the DEPARTMENT.
4. Any and all equipment, products or materials necessary to perform these services, or requirements as
further stated herein, shall be supplied by the LOCAL SPONSOR.
5. 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 the release of funds appropriated to the
DEPARTMENT.
6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms
and conditions set forth in this Agreement and all present and future requisite authorizations and
environmental permits. The PROJECT consists of the restoration and maintenance of three segments
along 10.2 miles of Gulf shoreline in Collier County. The segments consist of the following
components: Vanderbilt Beach between DNR reference monuments R22-R37; Park Shore between
DNR reference monuments R43-R54; and Naples between DNR reference monuments R58-R79.
Approximately ].8 miles of the project shoreline has not been designated critically eroded by the
Department and therefore is not eligible for state funding. The life of the PROJECT is defined as ten
(] 0) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent
amendments to this Agreement for additional funding. The parties expressly agree that the provisions of
this paragraph shall survive and be enforceable beyond the expiration date ofthis Agreement.
DEP Agreement No. 05CO], Amendment No.3, Page I of 10
1607'-,
7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as
specified in Table I below. It is understood and agreed that the detailed Scope of Work shall include a
narrative description of each task, a corresponding detailed budget and a project schedule. Written
authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT
prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%) of the
total cost share for a specified task be forfeited for failure to obtain prior written authorization from the
DEPARTMENT for a specific task.
8. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table I below:
Task # Eligible PROJECT Items Estimated Project Costs
Federal DEP Local Total
2,0 Desi.n
2.1 Artificial Reef Design $0 $8.486 $17,835 $26.321
2.2 Offshore Sand Search $0 $39,534 $83,090 $122.624
Desil!n Subtotal $0 $48,020 $ 100,925 $148,945
3,0 Construction
3.1 2006 Nourishment $0 $4,570,802 $8,635.791 $13,206,593
3.2 Construction Management $0 $46,749 $88,325 $135,074
3.3 Mitipation $0 $194.151 $655.849 $850,000
3.4 Additional Turtle Trawls $0 $47.243 $89,257 $136,500
Construction Subtotal $0 $4,858,945 $9,469,222 $14,328,467
4.0 Monitorinl!
4.1 Physical & Nearshore Biolollical $0 $305,198 $641,445 $946,643
4.2 Shorebird $0 $11,219 $23.579 $34,798
4.3 Tillin" $0 $11,784 $24,766 $36,550
4.4 Post Construction Physical Monitoring $0 $28.992 $60,934 $89.926
One Vr. (2007) Post Cons!. Physical
4.5 Monitoring $0 $47,462 $99,753 $147,215
Onc Yr. (2007) Post Cons!. Biological
4.6 Monitoring $0 $112,788 $237,051 $349,839
Yr. 2 & 3 Post-Construction Phys. & Bio.
4.7 Monitorin~ (2008 and 2009) $0 $386,252 $812,374 $1.198,899
MonitorinfJ Subtotal $0 $903,968 $1,899.902 $2,794,854
TOTAL PROJECT COSTS $0 $5,810,933 $11,461,033 $17,271,966
TABLE 1
9. The DEPARTMENT's financial obligation shall not exceed the sum of $5,810,933 for this PROJECT.
Further, the DEPARTMENT's share of the non-federal PROJECT cost, if applicable, for the specific
eligible PROJECT items listed above shall not exceed the following: Tasks 2.1, 2.2, 4.], 4.2, 4.3, 4.4,
4.5,4.6, and 4.7 shall be cost shared at 32.24%; Task 3.1, 3.2, and 3.4 shall be cost shared at 34.61%;
and Task 3.3 shall be cost shared at 22.84%. To the extent applicable, it is understood and agreed that
for portions of the PROJECT which are located within lands owned and managed by the
DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be
required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the
DEPARTMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No.3, Page 2 of ] 0
16D7
10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table I are the responsibility of the LOCAL SPONSOR and are not a
part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project
items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL
SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through
formal amendment to th is Agreement.
11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as
identified in Attachment B-3 (Funding Eligibility), attached hereto and incorporated herein by reference,
for beach use throughout the life of the PROJECT as established under this Agreement. If at any time
the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL
SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT
associated with any beach access site and/or parking spaces where maintenance is discontinued. All
parking must be clearly signed or otherwise designated as public beach access parking.
13. In accordance with Section 2I6.18l(16)(b), Florida Statutes, the DEPARTMENT, upon written request
from the LOCAL SPONSOR, including justification for said request, and written approval from the
State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition
to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the
applicable portions of Attachment C-3 (Advance Payment Justification Form), attached hereto and made
a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall
be limited to eligible project construction costs identified in Table I. The LOCAL SPONSOR's
expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the
DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this
Agreement.
If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds
in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for
a quarterly accounting of such funds on the dates identified in paragraph fourteen (14). Interest income
shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the
financial institution or agent where such funds are invested. Interest income shall be returned to the
DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement.
Attachment D-3 (Advance Payment - Interest Earned Memorandum), attached hereto and made a part
hereof, is provided as a sample of the document generated internally each calendar quarter by the
DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance
payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the
LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable
interest statement details and submission to the DEPARTMENT each quarter. This responsibility shall
continue as long as advanced funds remain with the LOCAL SPONSOR, or until construction is
completed and a final accounting on the advanced funds is completed and the unused funds and interest
due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on
any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be
returned to the DEPARTMENT within sixty (60) days of the completion of the construction portion of
this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL
SPONSORS will be due sixty (60) days after the Federal final accounting has been completed.
The parties hereto acknowledge that the State Chief Financial Officer may identity additional
requirements that must be met in order for advance payment to be authorized. If additional
requirements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified,
in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional
DEP Agreement No. 05CO I, Amendment No.3, Page 3 of 10
16D7
requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a
written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL
SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds.
14. In consideration for the satisfactory completion of the eligible work, identified in Attachment A-3 and
approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the tenns of this
Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement
basis for services rendered. All requests for reimbursement shall be made in accordance with
Attachment E-3 (Contract Payment Requirements), attached hereto and made a part hereof, and State
guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State
Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit
a request for reimbursement of funds on the forms provided as Attachment F-3 (Request For Payment,
PARTS I - Ill), attached hereto and made a part hereof. These forms may be submitted on a quarterly
basis. The term "quarterly" shall reflect the calendar quarters ending March 3 I, June 30, September 30,
and December 3 I; the request shall be submitted no later than thirty (30) days following the completion
date of the quarterly reporting period of each year in which the project is underway. These forms shall
be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's
Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for
the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061,
Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date
of this Agreement. The DEPARTMENT will not release funds for construction activities until such
time as all requisite authorizations, environmental penn its, and variances, including those required
pursuant to Chapters 161,253,258 and 373, Florida Statutes, have been obtained. In such cases where
no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment F-3,
Project Progress Report must be completed and submitted.
15. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt
of each billing to detennine that the work has been accomplished in accordance with the tenns and
conditions of this Agreement prior to approving the billing for payment. It is understood and agreed
that any request for reimbursement that requires the DEPARTMENT to request additional information
of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will
not resume until such information is received as requested by the DEPARTMENT. Upon approval of
the payment request, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less
ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible
scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that
the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable
DEP permits and the applicable scope of work for said item. The DEPARTMENT will periodically
request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to
this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate. When requested, the LOCAL SPONSOR must provide the information described in this
paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be
required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis, Attachment F-3, Part Ill, Project Progress Report, as updates to a
project schedule, no later than thirty (30) days following the completion date of the quarterly reporting
period identified in paragraph fourteen (14). Schedules may be required to be submitted electronically in
an .MPP or tab delimited .TXT format. Infonnation provided shall be the best available and shall
represent the most accurate forecast of future events. Specific infonnation to be included in the
quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish
dates with actual task duration.
DEP Agreement No. 05COI, Amendment No.3, Page 4 of 10
16D7
17. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a
certification of completion, attached hereto as Attachment G-3 (Project Completion Certification). A
final project certification inspection shall be made by the DEPARTMENT within sixty (60) days after
the PROJECT is certified complete by the LOCAL SPONSOR.
18. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition
of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes,
which are expressly made a part of this Agreement and incorporated herein by reference as if fully set
forth.
19. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation",
and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated
herein by reference as iffully set forth.
20. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: 239/252-5342. The
DEPARTMENT's Project Manager for all technical matters is Vince George, Phone: 850/413-7783 and
the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena
VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the
appropriate persons for action or disposition.
21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
22. The DEPARTMENT may tenninate this Agreement at any time in the event of the failure of the
LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to tennination, the
DEPARTMENT shall provide ten (10) days written notice of its intent to tenninate and shall provide the
LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for
termination. The DEPARTMENT may tenninate this Agreement without cause and for its convenience
by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if
delivered personally or by certified mail to the address set forth in this Agreement.
23. Any and all notices shall be delivered to the parties at the following addresses:
LOCAL SPONSOR
DEPARTMENT
Gary McAlpin
Collier County
3300 Santa Barbara Blvd.
Naples, Florida 34116
(239) 252-5342
Dena VanLandingham, Grants Program Administrator
Department of Environmental Protection
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd., MS 300
Tallahassee, Florida 32399-3000
(850) 922-7711
Dena. van landi ngham@dep.state.fl.us
24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL
SPONSOR to allow public access to all documents, papers, letters, or other material made or received
by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from
Section 24(a) of Article 1 of the State Constitution and Section 119.07(1), Florida Statutes.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No.3, Page 5 of 10
1607
25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
The DEPARTMENT, the State, or their authorized representatives shall have access to such records for
audit purposes during the term of this Agreement and for five years following Agreement completion.
In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
26. A.
In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment H-3 (Special Audit
Requiremeuts), attached hereto and made a part hereof. Exhibit I to Attachment H-3
summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL
SPONSOR in complying with the requirements of Attachment H-3. A revised copy of
Exhibit I must be provided to thc LOCAL SPONSOR for each amendment that authorizes a
funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of
Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator
at 850/922-7711, to request a copy of the updated information.
B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal
and/or state) identified in Attachment H-3, Exhibit 1 when making its detennination. For
federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship
represents that of a sub recipient or vendor. For state financial assistance, the LOCAL
SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found
under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of these
requirements.
27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from
using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch
or a state agency.
28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the perfonnance of services required.
29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon
County, Florida.
30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or remedy of either
party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
DEP Agreement No. 05COl, Amendment No.3, Page 6 of 10
16D7
31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such cmployees are covered by the protection afforded by the
LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its employees not otherwise protected.
32. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required
to pay any taxes on the services or goods purchased under the terms of this Agreement.
33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in
any third party without the mutual written agreement of the parties hereto.
34. A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected
to discrimination in perfonnance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list maintained 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 award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity. Questions regarding the discriminatory vendor list may be directed to
the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-
0915.
C. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically.
The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.
A list of Minority Owned firms that could be offered subcontracting opportunities may be
obtained by contracting the Office of Supplier Diversity at (850) 487-0915.
35. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR
agrees to be responsible for the fulfillment of all work elements included in any subcontract consented
to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not
be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel
reimbursement expenses based on the travel limits established in Section 112.061, F.S.
36. When applicable, the LOCAL SPONSOR shall also notity the DEPARTMENT's Project Manager of
the selection of an intended subcontractor and provide a tabulation list from which the intended
subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish
copies of the respective solicitation documents. Solicitation documents include, but are not limited to,
the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a
detailed scope of work.
DEP Agreement No. 05COl, Amendment No.3, Page 7 of 10
1607
37. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate
and allowable under Florida Law, and that such self-insurance offers protection applicable to the
LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their
employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as
specifically provided in this Agreement.
38. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms
and conditions ofthis Agreement.
39. The DEPARTMENT may at any time, by written order designated to be a change order, make any
change in the work within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized Agreement period, method or manner of perfonnance, requirements, etc.). All
change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change
order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an
appropriate adjustment and modification (formal amendment) to this Agreement.
40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in
providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR
acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision
in all subcontracts issued as a result of this Agreement.
41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the
erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair
the erosion control project prior to entering each individual property to conduct such activities.
42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the
requirements of this Agreement, the LOCAL SPONSOR shall promptly notifY the DEPARTMENT
orally. Within seven (7) days, the LOCAL SPONSOR shall notifY the DEPARTMENT in writing of the
anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and
the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree
that the delay or anticipated delay was caused, or will be caused by a force majeure, the
DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a
period of time equal to the delay resulting from the force majeure. Such agreement shall be confinned
by letter from the DEPARTMENT accepting, or if necessary, modifYing the extension. A force majeure
shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war,
blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party
approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is
not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL
SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to
perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force
majeure event.
43. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No.3, Page 8 of 10
16D7
. All references to Attachment(s) A-2, B-2, C-2, D-2, E-2, F-2, G-2, and H-2, respectively, are hereby
deleted and replaced with references to Attachment(s) A-3, B-3, C-3, D-3, E-3, F-3, G-3, and H-3.
. Attachment(s) A-2, B-2, C-2, D-2, E-2, F-2, G-2, and H-2 are hereby deleted in their entirety.
. Attachment(s) A-3, B-3, C-3, D-3, E-3, F-3, G-3, and H-3 as attached hereto are hereby added to the
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No.3, Page 9 of 10
16D7
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below,
COLLIER COUNTY
BOARD OF COUNT~CO~~ISSIONERS
B~
Title: Tom Henning, Chai
Date:
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:JiL'~g~ ~
Secretary or d signee
Date:
I D - 6&rd/,
FEID NO.59-6000558
ATTeST ,',," <
DWIGHT e,BRO<;K, e,erK
By: ." "
~, Attest," to \' ' ,
Cs1~) ~~~
Grantee's Attorney
(if necessary)
Department of Environmental
Grant Program Administrator
"""
tection
APPROVED as to form and legality:
..1/~*J; //
Department of E~nmental Protection
Attorney
"If someone other than the Deputy County Manager signs this Agreement, a resolution, statement or other
documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the
agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specity
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
A-3
B-3
C-3
D-3
E-3
F-3
G-3
H-3
Description (include number of pages)
Project Work Plan ( 4 pages)
Funding Eligibility (4 pages)
Advanced Payment Justification Form (3 pages)
Advanced Payment - Interest Earned Memorandum Sample (I page)
Contract Payment Requirements (I page)
Request For Payment, Parts I - '" (4 pages)
Project Completion Certitication (I page)
Special Audit Requirements (5 pages)
lwf)1
Item #
~~e;da ll1toK
Dale
Rec'd
~1)&
DEP Agreement No. 05CO I, Amendment No.3, Page 10 of 10
16D?
ATTACHMENT A-3
PROJECT WORK PLAN
COLLIER COUNTY BEACH NOURISHMENT
The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in
Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference
monuments R22-R37; Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference
monuments R58-R79. Approximately !.8 miles of the project shoreline has not bcen designated critically eroded by the
Department and therefore is not eligible for state funding. The PROJECT shall be conducted in accordance with the terms
and conditions set forth under this Agreement, all applicable Department of Environmental Protection permits and the
eligible project task items cstablished below. All data collection and processing, and the resulting product deliverables,
shall comply with the standard technical specifications contained in the Department's Regional Data Collection and
Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work
(herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at
http://www,dep.state.flus/beaches/. Three (3) originals and one (I) electronic copy of all written reports developed under
this Agreement shall be forwarded to the Department, unless otherwise specified.
Task No: Eligible Project Item:
2.0 Design and Permitting
Such activities include work performed and costs incurred in advance of and in preparation for construction
activities. Eligible costs may include expenses for governmental and administrative permits, construction
design, and other tasks as encountered and approved.
2.1 Artificial Reef Design
This subtask is made up of funds from an outstanding balance of previous contract OICO!.
2.2 Offshore Sand Search
This is a Collier County offshore sand search conducted by Coastal Planning and Engineering (CPE) on
behalf of Collier County to support small scale emergency projects. Focus is on bathymetric highs defined in
previous investigations, from a bathymetry grid developed fi-om NOAA GEODAS data, and summarized in
the Emergency Sand Source Evaluation Report (May 2007). The areas of potential sand deposits identified as
suitable for use in the Collier County beach Nourishment Project will be part of the next phase of the
investigation. This subtask reflects a scope of work (SOW) approved in the fall of2007.
3.0 Construction
Work performed and costs incurred associated with the placement of fill material and/or the construction of
erosion control structures within the project area. Eligible costs may include mobilization, demobilization,
construction observation or inspection services, beach fill, tilling and scarp removal, erosion control
structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in
accordance with any and all permits issued by the Department.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COI, Amendment No.3, Attachment A-3, Page I of 4
16D7
3.1 2006 Nourishment
This project includes three segments (Vanderbilt, Park Shore, and Naples) in Collier County. DEP contract
o I CO 1 provided state funding for the original restoration, which included only critically eroded areas of
shoreline. Collier County chose to expand the project and obtained a new permit to include all three
segments. A new cost share was developed for each new expanded segment.
Segment
Vanderbilt
Park Shore
Naples
% Eligible
48.46%
33.16%
95.02%
State Share
24.23%
16.58%
47.51%
Initial cost estimates were above the County's budget, so the 2005 nourishment was reduced to meet the
budget; however the County plans to maintain the permitted template in the future. Cost sharing for the total
permitted project will be used for this nourishment event. One SOW approved August 2, 2005 for
construction was submitted by Great Lakes Dredge and Dock.
The project consists of three segments (Vanderbilt, Park Shore, and Naples). However, sand placement was
bid on multiple sections. The sections do not correspond directly with critical and non-critical areas of
shoreline, but cost share could be determined for each segment by combining sections. This was necessary
because each section resulted in a ditferent cost per cubic yard of material. Additionally, the volume of sand
that qualified for state reimbursement had to be reduced by the portion paid for by the FEMA.
Beach fill costs bv segment (non-FEMA)
Vanderbilt R22.4 to R37 $2,444,238.41
Park Shore R43.7 to R54.4 $2,598,833.52
Naples R57.3 to R79 $5,597,036.50
Cost share eligibilitv bv segment (non-FEMA)
Vanderbilt $2,444,238.41 X .2423 = $592,238.96
Park Shore $2,598,833.52 X .1658 = $430,886.60
Naples $5,597,036.50 X .4751 = $2,659,152.04
Construction costs that can not be attributed to a specitic segment (mobilization, performance bond,
environmental monitoring, construction management, additional sea turtle trawling, and sea turtle monitoring)
will be cost shared based upon the ratio of the combined state funding share and total construction costs for
beach fill. This was determined as follows:
Sum of cost share eligibility/total beach fill costs =
3,682,277.60110,640,108.43 = 0.3461 (34.61%)
3.2 Construction Management
A subtask SOW submitted by CPE was approved November 30, 2005.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COI, Amendment No.3, Attachment A-3, Page 2 of 4
1607
3.3 Mitigation Constrnction
Additional reimbursement costs are associated with the mitigation reef construction. The following
calculations are based on the DEP Biological Monitoring Plan approved April 20, 200S. Specifically
addressed is the coverage of 1.09 acres of hardbottom and the required mitigation. A project bid for the
mitigation work was presented by Center Contracting Corporation (approved April 9, 2007), for a total cost of
$8S0,000. All three segments; Vanderbilt, Park Shore and Naples; were used to determine cost share
eligibility for reimbursement of required mitigation.
Segment % of total mitigation acreage
Vanderbilt 21.24%
Park Shore 63.77%
Naples 14.99%
State Share
Vanderbilt
Park Shore
Naples
24.23%
l6.S8%
47.Sl%
Cost share eligibilitv bv segment
Vanderbilt $850,000 X .2124 X .2423 = $43,74S
Park Shore $8S0,000 X .6377 X .1658 = $89,871
Naples $8S0,000 X .1499 X .4751 = $60,S35
Other mitigation construction costs, if any, will be cost shared based upon the ratio of the combined state
reimbursement costs and total mitigation reef construction costs. This was determined as follows:
Sum of cost share eligibility/total mitigation costs = 194,IS]/850,000 = 0.2284 (22.84%)
3.4 Additional Turtle Trawls
A subtask SOW submitted by Great Lakes Dredge and Dock was approved March 21, 2006.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and all permits issued
by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved
in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a
manner which will coordinate the monitoring activities associated with current shoreline stabilization projects
located within or adjacent to the project area and with the Department's Regional Coastal Monitoring
Program.
Monitoring requirements are consistent between segments. Unlike construction where unit costs vary
between segments, monitoring unit costs are consistent. Monitoring for the nourishment shall be cost shared
at the ratio of eligible shoreline length to total permitted shoreline length. This was determined as follows:
Segment % Eligible
Vanderbilt 48.46%
Park Shore 33.16%
Naples 9S.02%
State Share
24.23%
16.58%
47.Sl%
Overall:
64.48%
32.24%
The SOW approved June 28, 200S for biologica] monitoring covers pre and post construction services
provided by CPE. The SOW approved July S, 200S for pre-construction physical monitoring was provided by
CPE. The shorebird monitoring SOW provided by Conservancy ofSW FL was approved November ]4, 200S.
The SOW approved March 21, 2006 authorizes Lightner Contracting to provide tilling services. The post
construction physical monitoring SOW by CPE was approved November 30, 200S. A SOW approval for
DEP Agreement No. 05CO I, Amendment No.3, Attachment A-3, Page 3 of 4
1607
One Year (2007) Post Construction Physical Monitoring has been issued to CPE, effective July 18,2007. A
SOW approval has been issued to CPE for One Year (2007) Post Construction Biological Monitoring,
effective June 27, 2007.
4.7 Yr. 2 & 3 Post-Construction Phys. & Bio. Monitoring (2008 and 2009)
Funds will be used for required physical and biological monitoring activities for the 2" (2008) and 3'd (2009)
post-construction years of the project. For 2008 the required biological and physical monitoring, as well as
mitigation reef monitoring scopes of work (SOWs) were submitted by CPE for review and approval.
Biological monitoring was approved on July 31,2008. Mitigation reef monitoring also was approved on July
3 I, 2008. An initial SOW for physical monitoring and side scan survey services was reduced in price after
reductions for ineligible lengths of shoreline. It was approved on August 8, 2008.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COl, Amendment No.3, Attachment A-3, Page 4 of 4
1607
A TT ACHMENT B-3
FUNDING ELIGIBILITY
COLLIER COUNTY BEACH NOURISHMENT PROJECT
Vanderbilt Beach Sel!ment
Project Boundary: 350' south ofR22 to R37
Approximate Shoreline Length: 14,920'
Public Access
Delnor- Wiggins State Recreation Area*
Vanderbilt Beach Road*
On-site
Spaces
340
149
Adjacent
Spaces
o
18
Total
Spaces
340
167
Qua\ifyinl! Hotels
La Playa
Qualifyinl! Shoreline
360'
Area determined to be publicly accessible
350' south ofR22 to 150' north ofT25
30' south of R26 to 540' north of R31
Total Lenl!th
2,640'
4,590'
Area determined to be critically eroded
R22.3 - R30,5
Total eligible shoreline length: 7,230'
Total project shoreline length: 14,920'
Percent eligible for State funding: 48,46%
State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible
critically eroded shoreline.
*Primary beach access contains a minimum of 100 parking spaces and public restrooms
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No.2, Attachment B-2, Page I of 4
1607
Parkshore Seement
Project Boundary: 325' north of R44 to 390' south of R54
Approximate Shoreline Length: 11,265'
Public Access
Horizon Way
Vedado Way
On-site Parking Spaces
Metered Permit*
24 14
27 10
Adjacent
Spaces
15
o
TOTAL
Eligible
Spaces
53
37
Area determined to be publicly accessible
870' south ofR50 to 290' south ofR54
Total Leneth
3,735'
Area determined to be criticallv eroded
R50.65 to 390' south of R54
Total eligible shoreline length: 3,735'
Total project shoreline length: 11,265'
Percent eligible for State funding: 33,16%
State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible
critically eroded shoreline.
'Permit spaces are available to residents and the general public for the same price.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No.2, Attachment B-2, Page 2 of 4
1607
Naples Se!!:ment
Project Boundary: 1,050' north ofR58 to R79
Approximate Shoreline Length: 19,375'
On-site Spaces Adjacent Spaces Total
Public Access Public Permit** Public Permit** Spaces
Lowdermilk Park* 52 162 0 0 214
8th Avenue North 21 0 0 0 21
7'h Avenue North 10 2 0 0 12
North Lake Avenue 19 19 0 0 38
6th Avenue North 6 4 0 0 10
5th Avenue North 0 0 0 0 0
4th Avenue North II 4 0 0 15
3rd Avenue North 10 4 0 0 14
2nd Avenue North 12 4 0 0 16
I st A venue North II 6 0 0 17
Central Drive 8 4 0 0 12
I st A venue South 5 II 0 0 16
2nd A venue South 7 4 0 0 II
3rd Avenue South 8 6 0 0 14
4th Avenue South 10 5 0 0 15
5th Avenue South 21 0 20 15 56
6th A venue South 4 8 0 0 12
7'h A venue South 10 6 0 0 16
8th Avenue South 6 5 0 0 11
9th A venue South II 4 0 0 15
10th A venue South 15 6 0 0 21
II th A venue South 8 5 0 0 13
Broad Avenue 20 0 28 0 48
12'h A venue South* 4 0 103 0 107
13th Avenue South 22 0 9 0 31
14th Avenue South 16 14 0 0 30
15th A venue South 10 8 0 0 18
16th A venue South 16 14 0 0 30
17th Avenue South 7 3 0 0 10
18th A venue South 12 13 14 0 39
19th A venue South 0 0 0 0 0
21 st A venue South 0 0 0 20 0
*Primary beach access contains a minimum of 100 parking spaces and public restrooms.
**Permit spaces are available to residents and the general public for the same price.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO 1. Amendment No.3, Attachment B-3, Page 3 of 4
16D7
Oualifvine Hotels
Edgewater Motel
Qualifyine Shoreline
265'
Area determined to be publicly accessible
85' north ofR58 to R79
Total Leneth
18,410'
Area determined to be critically eroded
R57.8 - R79
Total eligible shoreline length: 18,410'
Total project shoreline length: 19,375'
Percent eligible for State funding: 95.02%
State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible
critically eroded shoreline.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05CO I, Amendment No, 3, Attachment B-3, Page 4 of 4
16D7
A TT ACHMENT C-3
ADVANCE PAYMENT JUSTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests
that are equal to or less than the purchasing threshold of $25,000.00 . category two as defined in Section 287.017, Florida Statutes. and meet one of
the advance payment requirements identified in Section 215.422( 14), Florida Statutes, use of this form is waived. However, the purchase requisition
or contract review form must clearly identify the criteria being met under Section 215.422( 14), r10rida Statutes which allows the advance to be made
without prior approval of the State Chief Financial Onker.
Name! Address of the V cndor/Recipient:
Contact Person/Phone No,:
A~eement NO./Purchase Order No. (if known):
Commodities/Services/Project Description:
Organizational Structure
(i.e. local pov't, non-nrofit cornoration, ctc.)
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover: o 90 days startup TB Full Contract Period
o Quarterlv Other (sDecifv):
Indicate Statutory Authority: 0215.422, F.S I 0 216.181. F.S.
GAA Year and Line Item Info: SFV: I I Line Item: I
t, Reason advance payment is required:
2. The followinR information required for advances requested pursuant to 215.422, Florida Statues (and the Reference Guide for State
Exnenditures\ which exceed the nurchasing threshold of category two as defined in 287.017, Florida Statutes.
A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State
would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as
compared to the percent that can be earned by the State, infonnation may be obtained from the Department of Financial Services, Division of
Accounting and Auditing, Bureau of Auditing at 850/410-4194 or SunCom 210-4194 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance
payment is made:
DEP Agreement No. 05COl, Amendment No. 3, Attachment C-3, Page lof3
16D7
C. Identify the procurement method used to select the vendor.
3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes.
(Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation CateRories 05XXXX or 14XXXX)
A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department
on a quarterly basis.
Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds:
Remittances must: I) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and
3) be forwarded to the following address:
Florida Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.O. Box 3070
Tallahassee, Florida 32315-3070
B. A letter requesting advance payment from the recipient, on its letterhead, must be attached.
DEP Agreement No. 05COl, Amendment No.3, Attachment C-3, Page 2 of3
16D7
C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries,
fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel,
and other costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter ofthe agreement period.
DescrWion First Duarter Second ~arter Third Quarter Fourth Quarter
Salaries
(identi[;OCrsonnel/titles)
Frinoc Benefits
Contractual Services
(list services and estimated costSI
Equipment
(identify each item and cost)
SUoDTics
Travel
OthcrTsOeeiM
Overhead/Indirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I
certify that the information provided accurately reflects the financial issues facing the entity at this time.
By: ...._~,_._-~-_._._.,._-,.- ._--~~-- ---.
Type Name of Signatory: Date
Title: Chief Financial Otlieer or desipnee
DEP Propram Area Review/ Annroval
Recommendation: o Approve Request D Deny Request
By:
Type Name of Signatory: Date
Title: Bureau: Division:
The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section
will forward reQUests for advance oavment to the State Comotroller for review and legislature consultation, as aoorooriate.
Bureau of Finance & Accounting Use Only
DEP Agreement No. 05CO 1, Amendment No.3, Attachment C-3, Page 3 of 3
16D7
A TT ACHMENT D-3
ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM
"SAMPLE DOCUMENT"
TO:
Dena VanLandingham, Bureau of Beaches and Coastal Systems, MS#300
FROM:
Linda Scott, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78
DATE:
SUBJECT:
Advance Payment. DEP Agreement No.: XXXX
BECP Project No.: XXX X
Interest Due to DEP: (Quarterly)
Pursuant to Section 216.18 1(16)(b), Florida Statutes, and paragraph II of the AGREEMENT, advance payments must be deposited
into an interest bearing account until all funds have been depleted. In order to comply with this statute, advance approval of the State
Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later
twenty (20) days following each calendar quarter (i.e, Januarv 20. ADril 20. Julv 20. and October 20.)
Advance funding disbursed (date of disbursement)
$
I.
Advanced funds expended by contractor covering period of
(Gereement execution) to (end of most recent calendar atr)
$
2.
Balance advance funding principal available
$
3.
Interest earned on advanced funds covering period of
(aflreemenl execution) to (end ormost recent calendar atr)
$
4. Amount of interest paid to DEP as of (end of most recent calendar atiJ. $
5.
Balance Due to DEP as offend aimas' recent calendar atr)
$
(Project Manager's Signature)
(Date)
Special Instructions: If the grantlcontract specifies that any accrued interest that is based npon a granUcontract advance
payment(s) will not be paid to DEP until after termination of the granUcontract, the advance fnnd recipient shall complete
report items 1 and 2 only for the first three qnarters of the state's fiscal year, The report for the state's fourth fiscal year
quarter shall include items 1,2,3,4, and 5. Items 3, 4, and 5 will be the life to date interest
If the contract states that no interest is dne, quarterly reports of unexpended advances are required, lines 1 and 2.
The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables,
payables, or interest previously paid to DEP,
If the granUcontract requires qnarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5
for each quarterly report.
Payments of interest due to DEP shall he paid within the specifications of the contracUgrant.
Thank you for yonr cooperation in providing the above information. If you have questions, please contact Lydia Louis (850)
245-2452 in the Contracts Disbursement Section,
DEP Agreement No. 05COl, Amendment No.3, Attachment D-3, Page I of 1
16D7
ATTACHMENT E-3
Contract Payment Requirements
Florida Department of Fiuancial Services, Reference Guide for State Expenditures (Jauuary 2005)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid. Check numbers may be provided in I ieu of copies of actual checks. Each
piece of documentation should clearly. reflect the dates of service. Only expenditures for categories in the approved
contract budget should be reimbursed.
Contracts between state agencies, and or contracts between universIties may submit alternative documentation to
substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR)
reports or other detailed reports.
Listed below are examples of types of documentation representing the minimum requirements:
(I) Salaries:
A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). I f the contract specifically states that fringe benefits
will be based on a specified percentage rather than the actual cost of fringe benefits, then the
calculation for the ti-inge benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017, Florida Administrative
Code, regarding the requirements for contracts that include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,
for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a
usage log that shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the
following web address: http://www.fldfs.com/aadir/reference%5Fguide/.
DEP Agreement No. 05C01, Amendment No.3, Attachment E-3, Page I of I
1607
ATTACHMENT F-3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART [
PAYMENT SUMMARY
Name of Project: COLLIER COUNTY BEACH NOURISHMENT
Grantee: COLLIER COUNTY
DEP Contract Number: 05CO I
Billing Number:
Billing Period:
Billing Type: D Interim Billing
D Final Billing
Costs Incurred This Payment Reqnest:
Federal Share'
State Share
Local Share
Total
$
'if applicable
Cost Summary:
$
$
$
State Funds Obligated
$
Local Funds Obligated
$
Less Advance Pay
$
I,ess Advance Pay
$
Less Previous Payment
$
Less Previous Credits
$
I,ess Previous Retained $
Less This Payment
$
Less This Credit
$
Less This Rctainage (10%)
$
Local Funds Remaining
$
State Funds Remaining $
Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that
payment from the State Government has not been received; that the work and/or services are in accordance with the
Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including
any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount
billed.
Name of Project Administrator
Signature of Project Administrator
Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 05COl, Amendment No.3, Attachment F-3, Page I of 4
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1607
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project: COLLIER COUNTY BEACH NOU RISHMENT
Grantee: COLLIER COUNTY
DEP Contract Number: 05COl
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.)
Task Eligible Project
No: Item:
2.0 DESIGN AND PERMITTING
2.1 ARTIFICIAL REEF DESIGN
2.2 OFFSHORE SAND SEARCH
3.0 CONSTRUCTION
3.1 2006 NOURISHMENT
3.2 CONSTRUCTION MANAGEMENT
3.3 MITIGATION
DEP Agreement No. 05COl, Amendment No.3, Attachment F-3, Page 3 of 4
16D7
3.4 ADDITIONAL TRUTLE TRAWLS
4.0 MONITORING
4.1 PHYSICAL & NEARSHORE BIOLOGICAL
4.2 SHOREBIRD
4.3 TILLING
4.4 POST CONSTRUCTION PHYSICAL MONITORING
4.5 ONE YR. (2007) POST CONSTRUCTION PHYSICAL MONITORING
4.6 ONE YR. (2007) POST CONSTRUCTION BIOLOGICAL MONITORING
4.7 YR. 2 & 3 POST-CONSTRUCTION PHYS. & BIOLOG. MONITORING (2008 AND 2009)
DEP Agreement No. 05COI, Amendment No.3, Attachment F-3, Page 4 of 4
16D7
ATTACHMENT G-3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: COLLIER COUNTY BEACH NOURISHMENT
Grantee: COLLIER COUNTY
DEP Contract Number: 05COl
*1 hereby certity that the above mentioned project has been completed in accordance with the Project Agreement,
including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds
expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued on any
unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the
DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction
portion of this PROJECT. Unused funds advanced to the United States Anny Corps of Engineers through LOCAL
SPONSORS will be due sixty (60) days after the Federal final accounting has been completed.
Name of Project Manager
Signature of Project Manager
Date
DEP Agreement No. 05COl, Amendment No.3, Attachment G-3, Page 1 of I
1607
ATTACHMENT H-3
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contracl/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., 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 with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Omeer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
I. 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 ofOMB Circular
A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection 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 of Environmental Protection. The detennination 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 part.
2. In connection with the audit requirements addressed in Part I, paragraph I, 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. 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 (Le., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://I2.46,245.I73/cfda/cfda,html.
DEP Agreement No. 05CO I, Amendment No.3, Attachment H-3, Page I of 5
16D7
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2I5.97(2)(m), Florida Statutes.
l. 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 Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection 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 of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I; 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), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $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
recipient 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 the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at httos://aoos.tldfs.eom/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at htto://www.leg.state.tl.us/Welcome/index.cfm. State of Florida's website at
htto://www.mvtlorida.eom/, Department of Financial Services' Website at htto://www.fldfs.eom/ and the
Auditor General's Website at htto://www.state.tl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the uudit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8). Florida
Statutes, State agencies may conduct or arrange for audits ofStatejinancial assistance that are in addition to audits
conducted in accordance with Section 2/5.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORTSUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient !lirectlv to each of the following:
DEP Agreement No. 05COI, Amendment No.3, Attachment H-3, Page 2 of5
16D7
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the numher of
copies required by Sections .320 (d)(I) and (2), OMS 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
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. 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(e), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient direetlv to each of the following:
A. The Department of Environmental Protection at the following address:
Andit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 40 I, Claude Pepper Building
II I West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COl, Amendment No.3, Attachment H-3, Page 3 of5
16D7
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient direetlv to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other infonnation required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applieablc.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
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.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its complianec with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, 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 Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless the date is extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 05COl, Amendment No. 3, Attachment H-3, Page 4 of5
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16D8
MEMORANDUM
Date:
November 26,2008
To:
Wendy Klopf, Operations Coordinator
Housing & Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Subrecipient Agmt. between Collier County and
the City of Naples for neighborhood improvements
(HUD Grant #B-08-UC-12-0016)
Enclosed please find one (1) original agreement (Item #16D8) as
referenced above, approved by Board of County Commissioners on
Tuesday, November 18,2008.
The Minutes & Records Department has retained an original for the
Board's Official Records,
If you should have any questions, please contact me at 252-8406,
Thank you,
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original d{)cum(~I1t. Original d\I(;Ull1Cll!s should he hand Jcliver~d to the Board Office. The completed rouling slip and original
documents are to be forwarded tn the Board ()!licc ouly }trIer the Bpurtl has taJ...en action on the itt'IRJ
ROUTING SLIP
Complete routing lines # I through #4 as appropriate tor additional signatures, dates, an&Of inf()rmation nceded. If the document is already complete with the
exceotion of the Chairman's siIDlature, draw a line throulU Toutin" lines # I throulJh #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Colleen Greene County Attorney cJY1& 1\ 1~/rJ3
2,
,
3. --- - --~--
-
--- - ..,-.-...
4. ------------
5, Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMA nON
(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 nceded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Wendy Klopt~ Operations Coordinator Phone Number 252-2901
Contact
Agenda Date Item was November 18, 2008 Agenda Item Number 16D8
Approved bv the BCC
Type of Document Sub-Recipient Agreement Number of Original 2
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arIies exee t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has heen entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ature and initials are re uircd.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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 November 18. 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.
Yes
(Initial)
WK
N/A (Not
A licablel
2.
3.
4.
5.
6.
NA
WK
WK
NA
WK
I: Forms! County Fonns! BCe Forms! Original Documents Routing Slip WWS OriginaJ 9.03.04, Revised 1.26.05, Revised 2.24.05
l.6D8
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
STREET PARKING
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-08-UC-12-0016
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", and 'The City of Naples," a municipality existing
under the laws of the State of Florida, having its principal office at 735 Eighth Street South, Naples, Florida
34102-6796, and its Federal Tax Identification number as 59-6000382, hereinafter referred to as
"SUBRECIPIENT" ,
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2007-2008 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001, and Resolution
2007-jQ.L on April 24, 2007; and
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Street Parking
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16D8
."~
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program with
Resolution 2007-J.QL on April 24, 2007, and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
;
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPlENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose,
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
l. DEFINITIONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s),
(2) "CDBG" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means The Citv of Naples,
(5) "HHS's Approval" means the written approval of the Housing and Human Services
Department or designee.
(6) "HUD" means the Secretary of the U.S. Departmcnt of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
[I. SCOPE OF SERVICES
The SUBREC[PlENT shall, in a satistilCtory and proper manner, as determined by HHS, pertorm the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and
made a part hereof.
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16D8
IlL TIME OF PERFORMANCE
The effective date of this Agreement shall be July 1,2008, and the services of the SUBRECIPlENT shall be
undertaken and completed in light of the purposes of this Agreement. In any event, all services required
hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2009. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIIl (F) (5),
and Part VlII (H) below,
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed ONE HUNDRED FIFTEEN THOUSAND EIGHT
HUNDRED FORTY NINE DOLLARS, ($115,849) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPlENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder.
Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which
shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPlENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A, IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPlENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda, The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPlENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
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16D8
B. DEBARMENT:
In accordance with 24 CFR part 135, the SUBRECIPIENT certifies 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; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,
or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction.
C. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA TrONS AND LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws.
I. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
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16D8
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 ofthe Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing
wages and the use of apprentices and trainees on federally assisted projects as mandated
by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribcs goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act 8 U.S.C. 874 and 40 U.S.C. 276c),
which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
The City of Naples - 2008 CDBG
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16D8
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-II0 Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
31. Immigration Reform and Control Act of 1986 as located at 8 U.S.c. 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT 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.
32. Prohibition Of Gifts To County Employees- No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative
Procedure 5311.
33. Order of Precedence - In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence ovcr the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or thc Agreement, the conflict shall be rcsolved by imposing thc
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
34. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
35. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any liligation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTYS staff person who would make the presentation of any
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16D8
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost. None of the work or services covered by
this Agreement, including but not limited to consultant work or services, shall be subcontracted
by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the
HHS Department or his designee.
E. AMENDMENTS
This A~,'reement, along with all exhibits and attachments which are hereby incorporated as a
part of this Agreement, may not be modified, amended, or extended orally. The County may,
at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated
by written amendment as a part of this Agreement and shall be subject to approval of the
County.
This Agreement may be amended only by written agreement executed by the governing boards
of both parties, except that County representative may approve adjustments between line item
amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
The City of Naples - 2008 CDBG
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16D8
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. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum conventional 4'X 8" plywood back
panel and other conventional construction materials and methods.
H. TERMINATION
In event of termination for any of the tollowing reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
I . TERMINATION FOR CAUSE
If through any cause eithcr party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the tcrm of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the ~,'Tant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
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16D8
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Exhibit D to this Agreement.
J. SUB RECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall be verbally notitied of the deficiency and shall have
an additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions
ofthe contract.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Unitorm Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and ab>rees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
I. The SUBRECIPIENT shall maintain all records required by the CDBG Federal
Regulations.
2. All rcports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT tor the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C".
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16D8 'I"~
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect
cost allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the County for approval, in a form
specified by the County.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
D. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HUD
REOUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time. Additional requirements are listed on Exhibit C.
F. PRIOR WRITTEN APPROVALS-SUMMARY
( I.)
(2.)
(3.)
(4.)
(5.)
(6.)
All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
All capital equipment expenditures of$I,OOO or more;
All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
All change orders
All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A; and
All rates of pay and pay increases paid out ofCDBG funds, whether tor merit or cost of
living.
G. AUDITS AND INSPECTIONS
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1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a
single or program-specific audit conducted for that year in accordance with OMB A-133. Non-
profit organizations expending federal awards of $500,000 or more under only one federal
program may elect to have a program-specific audit performed in accordance with OMB A-
133. SUBRECIPIENT s who will be receiving, or who have received, federal awards for loans
or loan guaranteed programs with may be required to conduct audits of those programs in
accordance with regulations of the federal agencies providing those guarantees or loans.
2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be
exempt from an audit conducted in accordance with OMB A-133, although their records must
be available for review (e.g., inspections, evaluations). These agencies are required by HHS to
submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose,
instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in
accordance with federal laws and regulations governing the program in which they participate.
Records must be available for review or audit by appropriate officials of federal and County
agenctes.
3. When the requirements ofOMB A-133 apply, or when the SUBRECIPIENT elects to comply
with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards
attributable to this contract have been received by the SUBRECIPIENT. Each audit shall
include a fiscal review, which includes a validation of all program-generated income and its
disposition, especially attributable to CDBG funds, an internal control review, and a
compliance review as described in OMB A-133. A copy of the audit report in triplicate must
be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal
year.
4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not
apply or are not elected, the SUB RECIPIENT may choose to have an audit performed either on
the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS-
federal assistance has been received. In either case, each audit shall cover a time period of not
more than twelve months and an audit shall be submitted covering each assisted period until all
the assistance received from this contract has been reported. Each audit shall adhere to all
other audit standards of OMB A-133, as these may be limited to cover only those services
undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must
be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract Records in accordance with generally
accepted accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this contract.
6. The SUBRECIPIENT shall maintain all Contract Records that document all actions undertaken
to accomplish the "Scope of Services" outlined in Attachment A in this contract.
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7. The SUBRECIPIENT shall ensure that the Contract Records shall be, at all times, subject to
and available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The SUBRECIPIENT shall include in all HHS approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such services are
described in this contract and defined by HHS, each of the record-keeping and audit
requirements detailed in this contract. HHS shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit and record-
keeping requirements described above.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-IIO (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the COUNTY. Program Income shall be utilized to undertake
activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall
apply to stated activities. Any Program Income on hand at or received by the SUB RECIPIENT
or its sub-contractors after the expiration of this Agrcement shall be returned to thc COUNTY
no later Ihan thirty (30) days after such expiration, subjcct to any SUBRECIPIENT requests to
utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advanccs, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carricd out by the performance of this
Agrecment. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
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To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least tifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneticiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and intormation, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said prob>ress and to allow for completion of reports required HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Ab>reement and that no person having any contlict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, that this parab>raph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
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employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in 287.133, Fla. Stat. by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by 287.133 (3)(a), Fla. Stat.
G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
I. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.10 I, shall be
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subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply
to the performance of the Contract:
I. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specitied in said Section 114 and Section 308 (EPA) regulations pursuant to
40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
msurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
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concurrence from the State Historic Preservation Otlicer is required for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included, on a
Federal, state, or local historic property list.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200U) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty seven (27) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set torth herein.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this November 18,2008.
ATTEST:"... .. ......
Dwight E. Brock, Clerk,of Courts
'.' < ."',
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT ,FLORIDA
By cC'fuu~~7 O.C.
Dated: . \ 1....-..xi-b.""~vAM .
At~"'" ·
"OlI.t.....OIIW
Approved as to form and
legal sufficiency:
~~~m~
Assistant County Attorney Signature
B
By~~utr-
Bill Barnett, Mayor
Approved as to form and
legal sufficiency:
By: '2~r '0 . \1",dr
Robert D. Pritt, City Attorney
Attest:
, #'1
By: !:/ $-1/1 tf: yf {Jl# /~~
Tara A. Normari; City Clerk
Witness:
~.. 1'~
By: . .' 4~.4l.-.K.1 .
'-j e.-~I(A l. A~JS'e.v/3c!.i'..b
Type/Print Name .
Item# ~
Agenda 11...-1 ~:oK
Date 1..l.:.-.1JL.:
Date 1'-7/--otl
Rec'd ~ tJ
().w
u\y
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EXHIBIT "A"
SCOPE OF SERVICES
CITY OF NAPLES
PARKING - INFRASTRUCTURE IMPROVEMENTS
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
SUBRECIPIENT proposes to provide on street parking, which will include five parallel spaces on the
north side of the right of way between 10'h and II th Street-North. Associated landscaping will include
additional ground cover and will support additional trees and palms. Related irrigation for the project
will originate on the south side of 5th Avenue-North where the City has an existing reuse water meter
and supply. These improvements will benefit the George Washington Carver (GWC) apartment
complex in the River Park East neighborhood. The exact location of the street parking is on the north
side of 5th Avenue North between 10th Street North and II th Street North. The parking will be located
across from the GWC apartment complex and adjacent to a one-story retail and office space mall.
This project will benefit the GWC apartment complex and will provide more accessible parking to the
units on the north end. All grant funds must be expended and the construction completed, no later than
June 15,2009.
The Subrecipient will be responsible for the following:
a. Posting of visible signage at the work site identifying the funding source as mentioned
in Section VII Part G.
b. Submission of request tor payment along with supporting documentation for payment
of services. No work can be initiated until all contract documents are submitted and
the contractors are certified as not being debarred.
c. Follow the Federal Procurement Process.
d. Obtain a minimum of three bids for the work to be conducted, as well as provide the
Housing and Human Services Department with a copy of contracts, which will
include main contractor and sub-contractor information.
If Applicable:
NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work.
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NOTE 2: The SUB RECIPIENT shall prioritize the work in the Project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be funded by the budget.
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUB RECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. After awarding such contract the SUBRECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUBRECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
B. BUDGET:
Provide on street parking, which will include five parallel spaces on the north side of the right of way
between 10th and II th Street-north. Associated landscaping will include additional ground cover and
will support additional trees and palms. Related irrigation for the project will originate on the south
side of 5th Avenue-North where the City has an existing reuse water meter and supply.
Line Item CDBG Funds
Curbs, Sidewalk and oavin!! of oar king $40,719
Site Preparation; Equipment Mobilization, $15,113
MOT, Site Prep and Soil
Landscaoinrr, Palms, mulch and Sod $17,068
lrri!!ation $32,417
10% Contin!!encv $10,532
Total
$115,849
C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
D. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid b'Uarantees, performance bonds, and payment bonds.
E. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Milestone Deadline
Permits October, 2008
Bid Preoarations November, 2008
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Float Bids November, 2008-December, 2008
Select Vendors Januarv,2009
Construction Februarv. 2009-Mav, 2009
Close-Out June 15, 2009
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
torm Exhibit "E". The progress reports shall be used as an additional basis tor HHS approval of
invoices, etc. for payment.
H. OUTCOME PERFORMANCE MEASUREMENTS:
PERFORMANCE PERFORMANCE ACTIVITY INDICA TORS/NUMBERS
OBJECTIVE/OUTCOME MEASURE PROJECTED
Sustainability for the Number of persons Improvement I (Public Facility)
purpose of creating a benefiting from the of Public
sui tab I e living public facility Facility
environment
I. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
J. COMPENSATION: The County shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section G. Payments shall be
made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section F will be required, unless modified in
writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act".
End of Exhibit A
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EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: The City of Naples
Subrecipient Address: 735 Eighth Street South, Naples, Florida 34102-6796
Project Name: Street Parking
Project No: CD-
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
115,849
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also ccrtify that the amount of the Rcquest for
Payment is not in cxcess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
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EXHIBIT "C'
ADDITIONAL CDBG GRANT REOUlREMENTS
End of Exhibit C
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EXHIBIT "D"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be
shown as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for
combined Bodily Injury and Property Damage.
DESIGN STAGE (iF APPLICABLE)
In addition to the insurance required in (I) - (3) above, a Certiticate of Insurance must be provided
as follows:
(d.) Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages fro claims arising
out of the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for
a period of two (2) years after the certiticate of Occupancy is issued.
CONSTRUCTION PHASE (iF APPLICABLE)
In addition to the insurance required in (1) - (4) above, the SUBRECIPEINT shall provide or cause
its Subcontractors to provide original policies indicating the toll owing types of insurance coverage
prior to any construction:
(e.) Completed Value Builder's Risk Insurance on an '"All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
(0 Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance
Program (NFIP), whichever is greater. The policy will show Collier County as a Loss
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Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and
roof exist.
Exhibit D, Continued
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Contract:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
(h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those properties tound to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
End of Exhibit D
The City of Naples - 2008 CDBG
Street Parking
Page 24 of 27
1608
EXHIBIT "E"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &H uman Service's staff by the 1 (/" of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Street Parking
Project Number CD-
Activity Number
Subrecipient:
The Citv of Naples
Contact Person
Greg Givens
Telephone: (239) 312-1029
Fax: (239) 213-1033
E-mail:
ggivens(til,naplesgov.com
I. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
The City of Naples - 2008 CDBG
Street Parking
Page 25 of 27
16D8
Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address & Phone Contract F ederallD (see definitions on (see definitions on
Number Number following page) following page)
7. For projects that serve a particular clientele, please complete the toliowing information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number o/beneficiaries in the blank space and in box" 1. "
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family Income (MFI). Enter this number in box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current Median
Family Income (MFI). Enter this number in box "3. "
Of these households or persons assisted,
Income (MFI). Enter this number in box "4. "
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
are low-income (51-80%) of the current Median Family
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX I BOX2 BOX) BOX 4 BOX 5
Total Number of Extremely Vcry Low Income Ft:male Head of
Households or Persons Low Income Low Income (51-S0%) Household
Assisted (0-30%)
(31-50%)
,
,
Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv
The City of Naples - 2008 CDBG
Street Parking
Page 26 of 27
1608
Exhibit E, Continued
Definitions of Race:
I. White: A person having origins in any ofthe original peoples of Europe, the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African Amcrican
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian! Alaska Native and White
Asian and White
Black! African American and White
American Indian! Alaskan Native and Black! African American
Other Multi-Racial
TOTAL:
End of Exhibit E
The City of Naples - 2008 CDBG
Street Parking
Page 27 of 27
(
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16D 9
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 Oftice only.!l..th:r the Bmlfd has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriaLe for additional signatures, dutes, and/or information needed. II' the document is already complete with the
excention of the Chairman's signature, draw a line through routing lines #] through #4. comnlete th(' checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in Touting: order)
1. Terri Daniels Housing and Human Services 01114/2009
2. "-'~------'-----~---~-- ... -- . .
. -... -- ,'-p- -.--.--.--..,
3. ~-------------- -............- .. . .~ --
.-- - . - -' -- ..
----- ~~" d . -......_--
4.
5. Sue Filson, Executive Manager Board of County Commissioners =f
6. Minutes and Records Clerk of Court's Office I
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original uocument p~nding Bee approvul. Normally the primury contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees ubove, including Sue Filson, need to contact stuff for additional or missing
information. All original documents needing the BCe Chairman's signature Oirc to be delivered 10 the BCl' otfkc only alter the Bee has acted to approve the
item)
Name of Primary Staff Terri Danie ls Phone Numher 252.2689
Contact
Agenda Date Item was 11/18/2008 Agenda Item Number 1609
Annroved bv the BCC
Type of Document Agreement Number of Original 3
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a to riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attomey. This includes signature pages from ordinances,
resolutions, etc. signed by the Cmlnly Attorney's omce and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Ot1icials.)
All handwritten strike.through and revisions have been initialed by the County Attorney's
Office and all other arties exec t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date offiCe approval of the
document or the final ne yotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be awar of our deadlines!
The document was approved hy the BeC on '\ ,. . ( (enter date) and all changes
made during the meeting ha,'c been incorporate in the attached document. The
Count Attorne 's Ornee has reviewed the ehan 'es, jf a lieable.
Ves
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
r.
ctH
<
(6)
,
, I
, I
-
,
1: Forms/ County Foons/ Bee Forms/ OriginOiI Documents Routing Slip WWS Original 9.03.04, Rcvised ] .26.05, Rcviscd 2.24.05
MEMORANDUM
Date:
January 23,2009
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
The FY 2008-09 Agreement with the
David Lawrence Mental Health Center, Inc.
Attached, please find two (2) original agreements, referenced above
(Agenda Item #16D9) and approved by the Board of County
Commissioners on Tuesday, November 18,2008.
The Minutes & Records Department has retained the third original
agreement for the Board's official record.
If you should have any questions, please call 252-8406.
Thank you.
16u9
16D9
MEMORANDUM
Date:
January 27, 2009
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Agreement between Collier County and the David
Lawrence Mental Health Center, Inc.
Attached, please find one (1) copy as referenced above (Agenda
Item #16D9), approved by the Board of County Commissioners on
Tuesday, November 18, 2008.
The Minutes & Records Department has retained the original
agreement for the official records of the Board.
If you should have any questions, please call 252-8411.
Thank you.
1609
AGREEMENT
THIS AGREEMENT entered into this ~~day of ,,\ \)\1. , 2008 at Naples, Collier
County, Florida, by and between the Board of County Com~ Collier County, Florida,
hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc.,
located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER.
WITNESSETH
WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in
the public interest to do so for David Lawrence Mental Health, Inc.; and
WHEREAS, the COUNTY wishes to fund mental health and alcoholism servIces
provided by the CENTER as it is authorized to do so under its government; and
WHEREAS, the CENTER has contracted with the State of Florida, Department of
Children and Families to act as a provider of mental health and substance abuse services as
described by the approved District 8 Mental Health and Substance Abuse Plan of the Florida
Department of Children and Families.
NOW, THEREFORE, in consideration of the mutual undertaking and agreements
hereinafter set forth, the COUNTY and CENTER agree as follows:
1. The CENTER shall:
A. Provide mental health and alcoholism services consistent with the approved
Florida Department of Children and Families District 8 Mental Health and
Substance Abuse Plan ["District Plan"], incorporated herein by reference, and
shall do so in compliance with all state, federal and local laws and ordinances and
regulations.
B. Serve as an independent contractor, not an agent or employee of Collier County,
for the transportation and care of patients restrained pursuant to the Florida
"Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory
and legal requirements of said act, Rule JOE-5.040, F, of the Florida
Administrative Code and all other pertinent laws, rules and regulations.
C. Provide detoxification services consistent with the approved District Plan.
D. Provide these services within the boundaries of the COUNTY, Florida.
E. Possess, maintain and keep current all necessary license(s).
I
16D9
F. Adhere to all conditions applicable to the administration of mental health funds
pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules
attendant thereto.
G. Maintain adequate financial records and reports relating to all funds paid by the
COUNTY under this Agreement.
H. Maintain books, records, documents and other evidence of accounting procedures
and practices that fully and properly reflect all direct and indirect costs of any
nature expended in the performance of this Agreement and paid for with
COUNTY funds.
1. Maintain adequate fiscal accounting procedures for the audit or review of any
expenditures, as requested by the COUNTY from time to time.
J. Allow, upon request the inspection, review or audit of its fiscal records by
COUNTY personnel upon request by COUNTY.
K. Collect fiscal and operational statistical data pertaining to the care and treatment
of all patients served and funded by the COUNTY on a regular basis and deliver
these written fiscal statistical reports on a quarterly basis to the COUNTY Human
Services Director by the lOth day of the month immediately following the
preceding quarter.
L. Submit payroll records and activity data to the COUNTY Housing and Human
Services Director on a quarterly basis in order that the disbursement of COUNTY
funds to reimburse the CENTER for such expenditures shall be in accordance
with the pre-auditing and accounting procedures on the part of the Board of
County Commissioners as mandated by Sections 129.08 and 129.09, Florida
Statutes.
M. Retain all books, records and other documents relative to this Agreement for three
(3) years after final payment.
N. Acting as an independent contractor and not as an employee of the COUNTY in
operating aforementioned services, the CENTER shall be liable for, and shall
indemnify, defend, and hold the COUNTY, State and Federal Govemment
harmless from and against all claims, suits, judgments, damages, losses and
attorney's fees and expenses arising from its operations and provision of the
aforementioned services during the course of this agreement
During the term of this agreement the CENTER shall procure and maintain
liability insurance coverage. The liability insurance coverage shall be in amounts
not less than $1,000,000 per person and $200,000 per incident or occurrence for
personal injury, death, and property damage or any other claims for damages
2
16D9
caused by or resulting from the activities under this Agreement. Such policies of
insurance shall name the COUNTY as and additional insured. The CENTER
shall submit written evidence of having procured all insurance policies required
herein no later than 10 days after the effective date of this Agreement and shall
submit written evidence of such insurance policies to the COUNTY Housing and
Human Services Director and to the COUNTY's Risk Management office. The
CENTER shall purchase all policies of insurance from a financially responsible
insurer duly authorized to do business in the State of Florida. The CENTER shall
be financially responsible for any loss due to failure to obtain adequate insurance
coverage and the failure to maintain such policies or certificate in the amounts set
forth herein shall constitute a breach of this agreement.
O. Submit to the COUNTY each year a copy of its annual audited financial
statements.
II. The COUNTY shall:
A. Reimburse the CENTER quarterly, in advance, at least one. fourth (114) of the
total allocation for "Operational Funds" approved for the CENTER by the Board
of Commissioners as specified in Section III-D of this Agreement, in accordance
with the approved District Plan.
III. The CENTER and COUNTY mutually agree:
A. The term of this agreement is from October 1,2008 to September 30, 2009.
B. This Agreement may be terminated by either party upon thirty (30) days prior
notice in writing to the other party.
C. This Agreement is subject to an annual item of appropriation contained in the
annual County budget.
D. The entire financial obligation of the COUNTY under this Agreement shall not
exceed one million fifty-five thousand, seven hundred and seventy-eight dollars
($1,055,778). The $1,055,778 includes the funding for all Operational costs,
including transportation of Baker Act participants. The matching funds shall
come from local sources and shall be utilized as part of the matching requirements
of Florida Statutes, Section 394.76(9)(a) and (b).
E. There will be no discrimination on the basis of race, color, sex, religious
background or national origin in performance of this Agreement in regard to
provisions of service or in regards to employment.
3
16D9
F. No modification, amendments or alterations to the terms or conditions contained
herein shall be effective unless contained in a written document executed with the
same formality, and of equal dignity, herewith.
G. The CENTER shall not assign thc perfonnance of services called for In the
Agreement without the written consent of the COUNTY.
H. All notices, requests, consents and other communications required or permitted
under this Agreement shall be in writing addressed to:
If to the COUNTY:
Collier County Housing and Human Services Director
Health and Public Services Building
3301 East Tamiami Trail
Naples, FL 34112
If to the CENTER:
Chief Executive Officer
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
or to such other address as any party may designate by notice complying with the
terms herein stated.
4
16D9
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATT~$T;t.n
DWIGHT E. B-R,OCK, Clerk
~.~ -\.
;~y~ . .., . ~u.
. .. Deputy Clerk
. '.AA~'S\ -' to C~ ,,...,. ·
. 1191''"" 0111 ~
Approved as to form and
legal sufficiency
Attorney
COLLIER COUNTY HOUSING AND HUMAN
SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B'
,
lrman
Commissioners
Date: Novembef1 R. 2008
DAVID LAWRENCE CENTER:
By:
t/f!/~~~
David Schimmel, Chief Executive Officer
Date: November 1 8. 2008
5
16010
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prinl on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOlwarded to the Board Office only .l!..f.W: the Board has taken action on, the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or infonnation needed. If the document is already complete with the
excention of the Chairman's sil!nature. draw a line throueh routine lines #1 throue:h#4, cOffiolete the checklist, and fotward to Sue Filson line#5t
Route to Addressee(s) Office Initials Date
(List in routinu order)
1.
2.
.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Nunnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed ill the event one of the addresset.'S above, including Sue Filson. need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chaillnall's signature are to be delivered to the BeC office only after the Bee has acted to approve the
item)
Name of Primary Staff Shawn Tan Phone Number 252-2376
Contact
Agenda Date Item was November 18, 2008 Agenda Item Number lro D ID
Aooroved bv the BCC
Type of Document 6t"C\",f Aq I(l<V'^wt Number of Original 3
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO nate.
1. Original document has been signed/initialed for legal sufiiciency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Ofiice and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line dale has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a 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 Bee omce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BeC on 11/18/2008 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The t1
Coun Attorne's Office has reviewed the ehan es, if a Iieable. )
N/A(Not
A lieable)
I: Fanus! County FOlmsJ Bee Forms! Oliginal Documents Routing Slip WWS Oliginal ').03.04, Revised 1.26.05. Revised 2.24.05
MEMORANDUM
Date:
November 21, 2008
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
An agreement with the State of Florida Department of
Children and Families accepting a Challenge Grant
Attached, please find two (2) originals of the above referenced item
(Agenda Item #16DI0) approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has kept one (I) of the original
documents for the Board's permanent record.
If you should have any questions, please contact me 252-8406.
Thank you.
Attachments (2)
16 D 10
16 D 10
2008-2009
THE STATI1 _,"FleE ON HOMELESSNESS
attached to the original of this Challenge Grant Agreement and a copy shall be sent to the Office
on Homelessness.
24. Official Name of Payee and Representatives:
A. The official Grantee name, as shown on page one (1) of this Challenge Grant Agreement and
as listed in MyFlorida Market Place, and mailing address as listed in MyFlorida Market Place, to whom
the Department shall issue payment is:
Collier County Board of County Commissioners
2800 North Horseshoe Drive
Naples, Florida 34]04
B. The name, address, telephone number, and email address of the grant manager for the Grantee
under this Challenge Grant Agreement is:
Marcy Krumbine, Director of Housing and Human Services
3050 North Horseshoe Drive, Suite ]0]
Naples, Florida 34]04
Phone: 239-252-8442 E-Mail: MarcvKrumbine@.collierl!ov.net
C. The name, address, telephone number, and email address of the grant manager for the
Department under this Challenge Grant Agreement is:
Robert Farr
Department of Children and Families
Contract Management Unit
2295 Victoria Avenue
Fort Myers, Florida 33901
Phone: 239-338-1295 E-mail: Robert Farr(al,dcf.state.fl.us
25. This Challenge Grant Agreement and its attachments and any exhibits referenced in said
attachments, together with any documents incorporated by reference, contain all the terms and
conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations
other than those contained herein, and this Challenge Grant Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written between the
parties. If any term or provision of this Challenge Grant Agreement is legally determined
unlawful or unenforceable, the remainder of the Challenge Grant Agreement shall remain in full
force and effect and such term or provision shall be stricken.
IN WITNESS THEREOF the parties hereto have executed this 117 page Challenge Grant
Agreement by their undersigned officials as duly authorized.
Approved as to form & legal sufficiency
~~~O~
Colles Greene,
Assistant ~nty.Atlomey
GRANTEE: Collier County Board of County
. d c~o~ers
SIgned By: /'
Name:' -;;__.'.k.,v}'J'^,~ 6
Title: ~'.,.___
Date: v "I 'Z..OO g
ATTEST:
DWIGHT E. BROCK. CIerk~
B_~~~~~~ .
It9llltunt 0111'
5
GRANT#HFZ93
2008-2009
16DIO
THE STATE OFFICE ON HOMELESSNESS
Grantee Federal EID#: 59000558
Grantee Fiscal Year Ending Date: 09/2009
***************************************************
STATE OF FLORIDA
DEPARTMENT OF CUILUREN ANU F7.. _ -1# a.,
Signed By: q
6
GRANT#HFZ93
16D11
MEMORANDUM
Date:
November 21, 2008
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
A Sub recipient Agreement providing for a State of
Florida, Department of Children and Families
Challenge Grant to Saint Matthews House
Attached, please find two (2) originals of the above referenced item
(Agenda Item #16Dll) approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has kept one (1) of the o'riginal
documents for the Board's permanent record.
If you should have any questions, please contact me 252-8406.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 D 11
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original docum.;:nt Original docurncl1t~ should he hand deliVt:red to the Board Office The completed routing slip and original
documents are to be l('lrwarded to the Board Otlicc only after the 13nard has taken action on the itUcl.)
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
fth Ch .. d r th
exceotlon () e airman S SIgnature, raw a me rough routing lines # 1 through #4, conmlete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in roulin!! 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 hoJd~r of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only atler the Bce has acted to approve the
item.)
Name of Primary Staff Shawn Tan Phone Number 252-2376
Contact
Agenda Date Item was November 18, 2008 Agenda Item Number 16DJI
Aooroved by the BCC
Type of Document Sub-recipient Agreement N umber 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 date.
Original document has been signed/initialed for legal sufticiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 11/18/2008 (enter date) and all changes
made during the meeting have heen incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A Jicable)
2.
3.
4.
5.
6.
51
'>
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05. Revised 2.24.05
16D11
AGREEMENT BETWEEN COLLIER COUNTY
AND
SAINT MATTHEW'S HOUSE
State of Florida Homeless Assistance Challenge Grant# HFZ93
THIS AGREEMENT, is entered into this I Sfl day of NOI/C.M be...- ,2008,
by and between Collier County and the Saint Matthew's House, Inc, a private not-for-profit
corporation existing under the laws of the State of Florida, having its principal office at 200 I
Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 65-
II] 0501, hereinafterreferred to as "Subrecipient."
WHEREAS, Collier County has entered into a Challenge Grant Agreement with the
State of Florida Department of Children and Families hereinafter referred to as the "Challenge
Agreement," in which Collier County was awarded the sum of $96,000 to provide homeless
assistance as described in Collier County's application dated July 8, 2008; and
WHEREAS, Collier County believes it to be in the public interest to provide certain
activities required by the Challenge Grant Agreement to Collier County residents through the
Subrecipient according to this Agreement, and all other terms and conditions as specified; and
WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms,
and Subrecipient desire to provide the activities specified in the SCG application; and
. The Subrecipient will provide Collier County Housing and Human Services Department
a copy of the vehicle's title before incurring related operation and maintenance
expense(s) to the Challenge Grant. This Grant provides that a motor vehicle may not be
purchased without prior legislative approval.
WHEREAS, Collier County further agrees that it will use due diligence in supervising
the Subrecipient to assure that funds are expended for the purposes intended and that a full
accounting for these grant funds are made.
Saint Matthew's House
2008 Challenge Grant
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NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, including the attachments, and subject to the terms and conditions hereinafter stated,
the Parties hereto understand and agree as tollows:
ARTICLE ONE:
DEFINITION
DEFINITIONS
(I) "CCHHS" means Collier County Housing and Human Services Department and
where applicable, its authorized representative(s).
(2) "CCHHS Approval" means the written approval of the CCHHS Division Director
or designee.
(3) "COUNTY" means Collier County, and where applicable, it's authorized
representati ve( s).
(4) "DCF" means the State of Florida Department of Children and Families as the
agent for the State Office on Homelessness.
(5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla.
Stat.
(6) "SUBRECIPIENT" means Saint Matthew's House.
(7) "Homeless" as defined by Section 420.621, Fla. Stat.
(8) "Program Beneficiaries" means homeless persons or those at risk of becoming
homeless.
(9) "Project" means the work contemplated to be performed as set forth in Exhibit
""A.'~
ARTICLE TWO: SCOPE OF SERVICES
The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be
carried out all services described or referred to in Exhibit "A," and shall submit each
request for reimbursement using the cover sheet in Exhibit "B," which are attached
hereto and made a part hereof. One hundred percent (100%) of the beneficiaries of a
project funded under this Agreement must be persons who are homeless or at-risk of
homelessness.
ARTICLE THREE: TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this project by the State under the SCG. The
effective date shall be the latest date of execution of this Agreement, and the services of the
Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the Subrecipient by June 30,
2009. No exceptions or extensions shall be granted. Any funds not obligated by the expiration
Saint Matthew's House
2008 Challenge Grant
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16Dl1
date of this Agreement shall automatically revert to the County.
ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS
Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined
by the County, in an amount not to exceed $10,272 (TEN THOUSAND TWO HUNDRED
SEVENTY TWO DOLLARS) for the services described in Exhibit "A." In the event the project
costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County
reserves the right to inspect records and project sites to determine that reimbursement and
compensation requests are reasonable. The County also reserves the right to hold payment until
adequate documentation has been provided and reviewed, but such payments shall not be
arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations
is provided.
Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the
project. Final payment shall be made after the County has determined that all services have been
rendered, files and documentation delivered, and units have been placed in service in full
compliance with DCF regulations, including submission of a completion report and
documentation of eligible occupancy, property standards and applicable restrictions. Said
determination shall be made within reasonable time, but no later than forty-five (45) days after
Subrecipient has submitted its final invoice.
The County shall have the right to review and audit all records of the Subrecipient pertaining to
any payment by the County. Said records shall be maintained tor a period of six years after
completion.
All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or
shall be put out to competitive bidding under a procedure acceptable to the County and state
requirements. Subrecipient shall enter into contract for improvements with the lowest responsive
and responsible bidder. Contract administration shall be handled by Subrecipient and monitored
by the County, which shall have access to all records and documents related to the project.
ARTICLE FIVE: PAYMENTS
A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHS,
or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to
items in Exhibit A.
B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit
"B," which is attached hereto and made a part hereof. These requests will only be
approved if:
I. The contractor's/vendor's requests for payment has been reviewed and approved
by the Subrecipient as stated on the Request for Payment and the attached original
Saint Matthew's House
2008 Challenge Grant
Page 3 of 15
16D11
invoice. In no event shall CCHHS provide advance funding to the Subrecipient or
any other subcontractors /vendors hereunder.
2. For purposes of this section, originals of invoices, receipts, or other evidence of
indebtedness shall be considered proper documentation. When original documents
cannot be presented, the Subrecipient must adequately justify their absence, in
writing, and fumish copies.
3. Upon receipt of the above enumerated documentation, and approval by
Subrecipient, payment shall be made by the CCHHS.
C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be
available, on request, for inspection or audit in accordance with the provisions of Article
Nine herein.
D. The County shall pay the Subrecipient for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CCHHS
pursuant to the submittal of monthly progress reports as identified in Exhibit "C."
E. Payment shall be made to the Subrecipient when requested as work progresses but not
more frequently than once per month.
F. Adherence to the work schedule, when appropriate, will be required unless modified in
writing by the parties.
G. Payment will be made upon receipt of a proper invoice and upon approval by the
CCHHS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise
known as the "Local Government Prompt Payment Act".
H. Subrecipient shall render a final and complete statement to CCHHS of all costs and
charges for services not previously invoiced. The CCHHS shall not be responsible for
payments of any charges, claims or demands of the Subrecipient received after June 30,
2009.
ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES,
REGULATIONS AND LAWS
During the performance of this Agreement, the Subrecipient agrees to comply with any
applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined
in Section 420.621, Fla. Stat. through 420.626, Fla. Stat.
No funds provided by this grant may be expended for the purpose of lobbying the legislature, the
judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or
representatives to monitor the services, which are the subject of this SCG.
Saint Matthew's House
2008 Challenge Grant
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The Subrecipient is required to participate in the local homeless management information system
for the continuum of care in conformance with state and federal law.
ARTICLE SEVEN: PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must
recognize the County as the recipient funded by the State of Florida Office on Homelessness
through the Department of Children and Families as the entity that provided funds for the
project.
ARTICLE EIGHT: MANAGEMENT ASSISTANCE
CCHHS will be available to the Subrecipient to provide guidance on SCG requirements.
ARTICLE NINE: MAINTENANCE OF RECORDS
Subrecipient shall maintain the following records.
A. Subrecipient shall maintain such records, accounts, property records, and
personnel records, as are deemed necessary by the CCHHS to assure proper
accounting of project funds and compliance with the provisions of this
Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by
DCF Regulations and shall maintain the following financial records:
I. An invoice and a copy of a warranty for all items purchased and paid for
under standard Subrecipient procedures.
2. The current, prevailing Agreement, all project contracts, and
corresponding billings.
B. Subrecipient shall maintain project records and financial information so that the
State could conduct an audit of SCG activities and funds. All audits covering the
use of SCG funds shall be provided to CCHHS.
C. All records and contracts of whatever nature required by this Agreement shall be
available for audit, inspection or copying at any time during normal business
hours and as often as the CCHHS or DCF, may deem necessary. CCHHS shall
have the right to obtain and inspect any audit pertaining to the performance of this
Agreement made by any local, state or federal agency. Subrecipient shall retain
all of its records and supporting documentation applicable to the Agreement for a
period of not less than six (6) years after the starting date of this SCG Agreement
Saint Matthew's House
2008 Challenge Grant
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16Dl1
or, if audit findings have not been resolved at the end of the six (6) year period,
the records shall be retained until resolution of the audit tindings. State auditors
and any person duly authorized by DCF or CCHHS shall have the right to
examine any of the said materials at any time during regular business hours.
D. Subrecipient shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Fla. Stat., and made or
received by the Subrecipient in conjunction with this SCG.
ARTICLE TEN:
MONTHLY REPORTS AND EVALUATION
Subrecipient agrees to provide the CCHHS with monthly status reports no later than the lOth of
every month as shown in Exhibit C beginning the month of contract execution. A final report
summarizing progress, timetables, and financial information for monitoring and evaluating all
aspects of project activities must be provided prior to grant closeout.
ARTICLE ELEVEN:
INDEPENDENT AGENT AND EMPLOYEES
Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Collier County employees and are not subject
to the County provisions of the law applicable to County employees relative to employment,
hours of work, rates of compensation, leave, unemployment compensation and employee
benefits.
ARTICLE TWELVE:
CONTRACTS
All contracts made by the Subrecipient to carry out the activities described in Exhibit" A" shall
be made in accordance with all applicable laws, rules and regulations stipulated in this
Agreement. Any work or services contracted hereunder shall be specified by written contract or
Agreement and shall be subject to each Article set forth in this Agreement and written approval
ofCCHHS.
ARTICLE THIRTEEN:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the
Subrecipient who exercises or have exercised any function or responsibility with respect to SCG
activities assisted under or who are in the position to participate in a decision making process or
gain inside information with regard to such activities, may obtain a financial interest or benefit
from a SCG assisted activity, or have a financial interest in any contract, subcontract or
agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG
assisted activity, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
Saint Matthew's House
2008 Challenge Grant
Page 6 of 15
16011
ARTICLE FOURTEEN: INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT 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. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
ARTICLE FIFTEEN:
INSURANCE
Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived
in writing by the County, Subrecipient shall provide the following:
I. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall furnish to the Housing and Human Services
Department, Certificate(s) of Insurance evidencing insurance coverage that meets
the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less
than $300,000 per occurrence for combined Bodily Injury and Property
Damage. Collier County must be shown as an additional insured with
respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than
$300,000 per occurrence for combined Bodily Injury and Property Damage.
ARTICLE SIXTEEN:
WAIVER
Subrecipient will not waive any of the duties and obligations under the contract without the
express written consent of Collier County.
Saint Matthew's House
2008 Challenge Grant
Page 7 of 15
16Dl1
ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property.
CCHHS will provide a resale certificate to be completed by the Subrecipient whereby
Subrecipient represents and warrants that it has filed for and received an exemption from Florida
Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless
Collier County from any and all taxes, penalties, interest and professional fees associated with
the collection of any sales tax under the SCG.
ARTICLE EIGHTEEN:
SEVERABILITY
AMENDMENT; NON-ASSIGNABILITY; MERGER AND
The County may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or DCF guidelines, directives, and objectives. Such amendments shall be
incorporated by written amendment as a part of this Agreement and shall be subject to approval
of the County. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the County and signed by each Party's
authorized representatives. This Agreement may not be extended beyond June 30, 2009.
Subrecipient may not assign this Agreement without the prior written consent of Collier County
and DCF.
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto
and constitutes the entire understanding. The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein. If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
ARTICLE NINETEEN:
TERMINATION
1. TERMINA nON FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination.
Saint Matthew's House
2008 Challenge Grant
Page 8 of 15
16D11
3. TERMINATION DUE TO CESSATION
In the event the grant to the County is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that DCF specifies.
4. GRANT CLOSEOUT PROCEDURES
Subrecipient's obligation to the County shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making
final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances, and receivable accounts to the
County), and determining the custodianship of records.
ARTICLE TWENTY:
HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for
convenience only and shall not affect the construction or interpretation hereof.
ARTICLE TWENTY ONE:
NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to Collier County Housing and Human Services Department at its office, presently located at
3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when
delivered to its office at the address listed on this Agreement.
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Saint Matthew's House
2008 Challenge Grant
Page 9 of 15
16D11
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this November 18, 200S.
ATTEST:
Dwight E. Brock, Clerk of Courts
, .
By: ~.h." Ll-III..A.1. d). (. .
. ,~O
Dated: U-.rt-o& . ....
AttestC~ Ch.I~' ·
" onatilt"t 0111.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A
Saint Matthew's House
~~~
~. \__~ r\.L,\.ck_
Type/print witness name
~
Second Witness
/;;:; .'
BY:€ (#'~
ubreclplent Signature
1/~111l /{ [$Jtvf!t?f,ct./J-[f:O
Type Print Subiecipient name and title
~^'\,~~
Type/print witness name
Approved as to form and
legal sufficiency:
~fn~
Assistant County Aitorney Signature
Colleen (fJ. Greene
Type/Print Name
Item # UoM-
~:,da lHY-f)~
~:d l11.o i>~
Saint Matthew's House
2008 Challenge Grant
Page 10 of 15
16D1.1
EXHIBIT "A"
SCOPE OF SERVICES
I. THE SUBRECIPIENT AGREES TO:
A. PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall
be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-
consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or
others as deemed necessary for the nature of the project.
B. PROJECT SCOPE:
The purpose of this project is to provide transportation to Collier County's homeless population.
C. BUDGET:
Challenge Grant funding for transportation.
Line Item:
SCG Funds
Bus Tokens
Van Operating Expense
$ 2,500
$ 7,772
Total Budget
$10,272
D. STAFFING: Provide list of staff and time commitments to be allocated to each activity
specified in B (Project Scope) and C (Budget) above, if applicable.
E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded
projects may result in the delay of processing reimbursement requests for ongoing activities or
in the forfeiture of future State of Florida Challenge Grant funds.
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Project to be completed no later than June 30, 2009.
K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the
CCHHS coordinator outlining the status of specific activities under the project. Each report
must account for the total activity for which the SUBRECIPIENT is reimbursed with State
Challenge Grant funds, in part or in whole, and which is required in fulfillment of their
obligations regarding the Project. The progress reports shall be used as an additional basis for
CCHHS approval of invoices, etc. for reimbursement.
Saint Matthew's House
200S Challenge Grant
Page II of 15
16011
L. COMPENSATION. The County shall pay the SUBRECIPIENTfor the performance of
this Agreement upon completion or partial completion of the work tasks as accepted and
approved by HHS pursuant to the submittal of monthly progress reports as identified in Article
Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but
not more frequently than once per month. Adherence to the work schedule identified in Exhibit
A, Article F, will be required, unless modified in writing by the parties. Payment will Payment
will be made upon receipt of a proper invoice and upon approval by the or his designee, and in
compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt
Payment Act".
Saint Matthew's House
2008 Challenge Grant
Page 12 of 15
16011
EXHIBIT "B"
Saint Matthew's House
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
REQUEST FOR PA YMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Saint Matthew's House
Subrecipient Address: 2001 Airport Road South. Naples. FL 34112
Project Name: Challenge Grant
Project No: HFZ93
Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
10,272
2. Sum of Past Claims Paid on this Account
$
o
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
o
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
7. If applicable amount held as retainage to date
by the County, ifnot retained by the sub-recipient
$
o
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the County and the Sub-recipient. I also certify that the
amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
Saint Matthew's House
2008 Challenge Grant
Page 13 of 15
16011
EXHIBIT "C"
Saint Matthew's House
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
MONTHLY PROGRESS REPORT
Completeformfor past month and submit to HHS staJJby the 1fjh ofthefollowing month.
Status Report for Month of
Submittal Date:
Project Name
Project Number HFZ93
Activity Number
Subrecipient:
Contact Person
Telephone:
Fax:
E-mail:
Performance Measures
1. Activity StatuslMilestones (describe any action taken, relating to this project, during the
past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
Saint Matthew's House
2008 Challenge Grant
Page 140f15
16D 11
Progress on Completion of the Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work
accomplished to date versus planned timeframes for completion of the activity as outlined in
your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and
steps being taken to assure completion of the activity or use by June 30, 2009.
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED
BY JUNE 30, 2009, report on the activity, the cause, and corrective actions (amendment to
reduce grant award, return of funds, identification of other uses that could be completed by
June 30, 2009 etc.).
Saint Matthew's House
2008 Challenge Grant
Page 15 of 15
16D12
MEMORANDUM
Date:
November 21, 2008
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
A Subrecipient Agreement providing for State of Florida,
Department of Children and Families Challenge Grant to
The Shelter for Abused Women and Children
Attached, please find two (2) originals of the above referenced item
(Agenda Item #16D12) approved by the Board of County
Commissioners on Tuesday, November 18, 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 252-8406.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 12
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 wmpleted routing slip and original
documents are to be forwarded to the Board Office only .a.tlu the Board has taken action 01\ the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. [fthe document is already complete with the
exceotion of the Chainnan's siilnature, draw a line throul!h routinll lines # I throul!'h #4, cOlTIDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routiol!: order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addresscL'S above, including Sue Filson. need to contact staff for additional or missing
information. All original documents needing the BCC Chainnan's signature arc to be delivered to [he BCe uffice only after the Bce has acted to approve the
item.)
Name of Primary Staff Shawn Tan Phone Nnmber 252-2376
Contact
Agenda Date Item was November 18, 2008 Agenda Item Number Ib DIJ...
Aooroved bv the BCC
Type of Document 5....10. ,.,c...p, e.v.,f A"'j f'<<."""M1 Number of Original 3
Attached Documents Attached
1.
INSTRUCTIONS & Cm:CKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This mcludes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully execnted by all parties except the BCC
Chairman and Clerk to the Board and ossiblv State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arlies exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 11/18/2008 (enter date) and all changes
made during the meeting have been iucorporated in the attached document. The
Conn Attorne's Office has reviewed the chan es if a licable.
)1
51
)(
)
2.
3.
4.
5.
6.
I: Forms! County Forms! Bee FomlSi' Original Documents Routing Slip WWS Original 9.03.04, Revl:5ed t .26.05, Revi"cd 2.24.05
16D12
\
AGREEMENT BETWEEN COLLIER COUNTY
AND
SHELTER FOR ABUSED WOMEN AND CHILDREN
State of Florida Homeless Assistance Challenge Grant# HFZ93
THIS AGREEMENT, is entered into this ~ day of JJOI/4!/W\ be-1 ,2008,
by and between Collier County and the Shelter for Abused Women and Children, Inc, a privatll
not-for-profit corporation existing under the laws of the State of Florida, having its principal
address at P.O. Box 10102, Naples, FL 34101, and its Federal Tax Identification number as 59-
2752895, hereinafter referred to as "Subrecipient."
WHEREAS, Collier County has entered into a Challenge Grant Agreement with the
State of Florida Department of Children and Families hereinafter referred to as the "Challenge
Agreement," in which Collier County was awarded the sum of $96,000 to provide homeless
assistance as described in Collier County's application dated July 8, 2008; and
WHEREAS, Collier County believes it to be in the public interest to provide certain
activities required by the Challenge Grant Agreement to Collier County residents through the
Subrecipient according to this Agreement, and all other terms and conditions as specified; and
WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms,
and Subrecipient desire to provide the activities specified in the SCG application; and
WHEREAS, Collier County further agrees that it will use due diligence in supervising
the Subrecipient to assure that funds are expended for the purposes intended and that a full
accounting for these grant funds are made.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, including the attachments, and subject to the terms and conditions hereinafter stated,
the Parties hereto understand and agree as follows:
Shelter for Abused Women and Children
2008 Challenge Grant
Page 1 of 15
16012
ARTICLE ONE:
DEFINITION
DEFINITIONS
(1) "CCHHS" means Collier County Housing and Human Services Department and
where applicable, its authorized representative(s).
(2) "CCHHS Approval" means the written approval of the CCHHS Division Director
or designee.
(3) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(4) "DCF" means the State of Florida Department of Children and Families as the
agent for the State Office on Homelessness.
(5) "SCG;! means the State Challenge Grant as authorized in Section 420.622(4), Fla.
Stat.
(6) "SUB RECIPIENT" means Shelter for Abused Women and Children.
(7) "Homeless" as defined by Section 420.621, Fla. Stat.
(8) "Program Beneficiaries" means homeless persons or those at risk of becoming
homeless.
(9) "Project" means the work contemplated to be performed as set forth in Exhibit
"A.~'
ARTICLE TWO: SCOPE OF SERVICES
The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be
carried out all services described or referred to in Exhibit "A," and shall submit each
request for reimbursement using the cover sheet in Exhibit "B," which are attached
hereto and made a part hereof. One hundred percent (100%) of the beneficiaries of a
project funded under this Agreement must be persons who are homeless or at-risk of
homelessness.
ARTICLE THREE: TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this project by the State under the SCG. The
effective date shall be the latest date of execution of this Agreement, and the services of the
Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the Subrecipient by June 30,
2009. No exceptions or extensions shall be granted. Any funds not obligated by the expiration
date of this Agreement shall automatically revert to the County.
Shelter for Abused Women and Children
200S Challenge Grant
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ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS
Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined
by the County, in an amount not to exceed $40,S96 (FORTY THOUSAND EIGHT HUNDRED
NINTY SIX DOLLARS) for the services described in Exhibit "A." In the event the project costs
exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves
the right to inspect records and project sites to determine that reimbursement and compensation
requests are reasonable. The County also reserves the right to hold payment until adequate
documentation has been provided and reviewed, but such payments shall not be arbitrarily nor
unreasonably withheld if adequate documentation as defined by DCF regulations is provided.
Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the
project. Final paymellt shall be made after the County has de~ermined that all services have bee)l
rendered, files and documentation delivered, and units have been placed in service in full
compliance with DCF regulations, including submission of a completion report and
documentation of eligible occupancy, property standards and applicable restrictions. Said
determination shall be made within reasonable time, but no later than forty-five (45) days after
Subrecipient has submitted its final invoice.
The County shall have the right to review and audit all records of the Subrecipient pertaining to
any payment by the County. Said records shall be maintained for a period of six years after
completion.
All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or
shall be put out to competitive bidding under a procedure acceptable to the County and state
requirements. Subrecipient shall enter into contract for improvements with the lowest responsive
and responsible bidder. Contract administration shall be handled by Subrecipient and monitored
by the County, which shall have access to all records and documents related to the project.
ARTICLE FIVE:
PAYMENTS
A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHS,
or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to
items in Exhibit A.
B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit
"B," which is attached hereto and made a part hereof. These requests will only be
approved if:
I. The contractor's/vendor's requests for payment has been reviewed and approved
by the Subrecipient as stated on the Request for Payment and the attached original
invoice. In no event shall CCHHS provide advance funding to the Subrecipient or
any other subcontractors /vendors hereunder.
2. For purposes of this section, originals of invoices, receipts, or other evidence of
indebtedness shall be considered proper documentation. When original documents
Shelter for Abused Women and Children
200S Challenge Grant
Page 3 of 15
16D12
cannot be presented, the Subrecipient must adequately justify their absence, in
writing, and furnish copies.
3. Upon receipt of the above enumerated documentation, and approval by
Subrecipient, payment shall be made by the CCHHS.
C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be
available, on request, for inspection or audit in accordance with the provisions of Article
Nine herein.
D. The County shall pay the Subrecipient for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CCHHS
pursuant to th~ submittal of monthly progress reports as identified in Exhibit "C."
E. Payment shall be made to the Subrecipient when requested as work progresses but not
more frequently than once per month.
F. Adherence to the work schedule, when appropriate, will be required unless modified in
writing by the parties.
G. Payment will be made upon receipt of a proper invoice and upon approval by the
CCHHS, or its designee, and in compliance with Section 2IS.70, Fla. Stat., otherwise
known as the "Local Government Prompt Payment Act".
H. Subrecipient shall render a final and complete statement to CCHHS of all costs and
charges for services not previously invoiced. The CCHHS shall not be responsible for
payments of any charges, claims or demands of the Subrecipient received after June 30,
2009.
ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES,
REGULATIONS AND LAWS
During the performance of this Agreement, the Subrecipient agrees to comply with any
applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined
in Section 420.621, Fla. Stat. through 420.626, Fla. Stat.
No funds provided by this grant may be expended for the purpose of lobbying the legislature, the
judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or
representatives to monitor the services, which are the subject of this SCG.
The Subrecipient is required to participate in the local homeless management information system
for the continuum of care in conformance with state and federal law.
ARTICLE SEVEN: PROJECT PUBLICITY
Shelter for Abused Women and Children
2008 Challenge Grant
Page 4 of 15
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Any news release or other type of publicity pertaining to the project as stated herein must
recognize the County as the recipient funded by the State of Florida Office on Homelessness
through the Department of Children and Families as the entity that provided funds for the
project.
ARTICLE EIGHT: MANAGEMENT ASSISTANCE
CCHHS will be available to the Subrecipient to provide guidance on SCG requirements.
ARTICLE NINE: MAINTENANCE OF RECORDS
Subrecipient ~hall maintain the following records.
A. Subrecipient shall maintain such records, accounts, property records, and
personnel records, as are deemed necessary by the CCHHS to assure proper
accounting of project funds and compliance with the provisions of this
Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by
DCF Regulations and shall maintain the following financial records:
I. An invoice and a copy of a warranty for all items purchased and paid for
under standard Subrecipient procedures.
2. The current, prevailing Agreement, all project contracts, and
corresponding billings.
B. Subrecipient shall maintain project records and financial information so that the
State could conduct an audit of SCG activities and funds. All audits covering the
use of SCG funds shall be provided to CCHHS.
C. All records and contracts of whatever nature required by this Agreement shall be
available for audit, inspection or copying at any time during normal business
hours and as often as the CCHHS or DCF, may deem necessary. CCHHS shall
have the right to obtain and inspect any audit pertaining to the performance of this
Agreement made by any local, state or federal agency. Subrecipient shall retain
all of its records and supporting documentation applicable to the Agreement for a
period of not less than six (6) years after the starting date of this SCG Agreement
or, if audit findings have not been resolved at the end of the six (6) year period,
the records shall be retained until resolution of the audit findings. State auditors
and any person duly authorized by DCF or CCHHS shall have the right to
examine any ofthe said materials at any time during regular business hours.
Shelter for Abused Women and Children
200S Challenge Grant
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D. Subrecipient shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Fla. Stat., and made or
received by the Subrecipient in conjunction with this SCG.
ARTICLE TEN:
MONTHLY REPORTS AND EVALUATION
Subrecipient agrees to provide the CCHHS with monthly status reports no later than the loth of
every month as shown in Exhibit C beginning the month of contract execution. A final report
summarizing progress, timetables, and financial information for monitoring and evaluating all
aspects ofproject activities must be provided prior to grant closeout.
ARTICLE ELEVE~:
INDEPENDENT AGENT AND EMPLOYEES
Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Collier County employees and are not subj ect
to the County provisions of the law applicable to County employees relative to employment,
hours of work, rates of compensation, leave, unemployment compensation and employee
benefits.
ARTICLE TWELVE:
CONTRACTS
All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall
be made in accordance with all applicable laws, rules and regulations stipulated in this
Agreement. Any work or services contracted hereunder shall be specified by written contract or
Agreement and shall be subject to each Article set forth in this Agreement and written approval
ofCCHHS.
ARTICLE THIRTEEN:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the
Subrecipient who exercises or have exercised any function or responsibility with respect to SCG
activities assisted under or who are in the position to participate in a decision making process or
gain inside information with regard to such activities, may obtain a financial interest or benefit
from a SCG assisted activity, or have a financial interest in any contract, subcontract or
agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG
assisted activity, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
ARTICLE FOURTEEN: INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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
Shelter for Abused Women and Children
2008 Challenge Grant
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16012
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT 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. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
ARTICLE FIFTEEN:
INSURANCE
Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived
in writing by the Coupty, Subrecipient shall provide the follo~ing:
I. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall furnish to the Housing and Human Services
Department, Certificate( s) of Insurance evidencing insurance coverage that meets
the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability Insurance on a comprehensive basis in an amount no less
than $300,000 per occurrence for combined Bodily Injury and Property
Damage. Collier County must be shown as an additional insured with
respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than
$300,000 per occurrence for combined Bodily Injury and Property Damage.
ARTICLE SIXTEEN:
WAIVER
Subrecipient will not waive any of the duties and obligations under the contract without the
express written consent of Collier County.
ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property.
CCHHS will provide a resale certificate to be completed by the Subrecipient whereby
Subrecipient represents and warrants that it has filed for and received an exemption from Florida
Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless
Collier County from any and all taxes, penalties, interest and professional fees associated with
the collection of any sales tax under the SCG.
Shelter for Abused Women and Children
2008 Challenge Grant
Page 7 of 15
16012
ARTICLE EIGHTEEN:
SEVERABILITY
AMENDMENT; NON-ASSIGNABILITY; MERGER AND
The County may, at its discretion, amend this Agreement to conform to changes required by
Federal, State, County, or DCF guidelines, directives, and objectives. Such amendments shall be
incorporated by written amendment as a part of this Agreement and shall be subject to approval
of the County. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the County and signed by each Party's
authorized representatives. This Agreement may not be extended beyond June 30, 2009.
Subrecipient may not assign this Agreement without the prior written consent of Collier County
and DCF.
~
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto
and constitutes the entire understanding. The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein. If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
:.:
ARTICLE NINETEEN:
TERMINATION
I. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or part by giving written notice of such termination to the
other party and specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the County is suspended or terminated, this Agreement shall be
suspended or terminated effecti ve on the date that DCF specifies.
4. GRANT CLOSEOUT PROCEDURES
Sub recipient' s obligation to the County shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making
final payments, disposing of program assets (including the return of all unused materials,
Shelter for Abused Women and Children
2008 Challenge Grant
Page 8 of 15
16012
equipment, unspent cash advances, program income balances, and receivable accounts to the
County), and determining the custodianship of records.
ARTICLE TWENTY:
HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for
convenience only and shall not affect the construction or interpretation hereof.
ARTICLE TWENTY ONE:
NOTICES
All notices rej:juired to be given under this Agreement shall be sufficient when delivered,
to Collier County Housing and Human Services Department at its office, presently located at
3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when
delivered to its office at the address listed on this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Shelter for Abused Women and Children
2008 Challenge Grant
Page 9 of 15
16D12
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this November 18,2008.
ATTEST:
Dwight E. Brock, Clerk of Courts
::Wd~UO" .
AtteS~ir~ ~I"" ,
'1911ltlVt oft I · ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, C airm
Shelter for Abused Women and Children
~ A~~v~
First Witness I
r;J -.... -4./ .
By: /-,~
Subrecipient Signature
in f1 t.. (}. I~ A /./l:> EIZ. S
Type/print witness name
~h~-
Seco d Witness
l-INPA obEf'-/.JAu.5 ExeC. 1:>,t2.
Type Print Subrecipient name and title
Lallx?:it fh;lkr+
Type/print witness name
Approved as to form and
legal sufficiency:
~fYl~
Assistant County Attorney Signature
Item# ~
Q)//eer1 tfJ . Gref>ne.
Type/Print Name
Agenda II . (J "C
Date ~O
Date \1_'1),"''l
Rec'd .L...ill.J.X.l
~
Shelter for Abused Women and Children
2008 Challenge Grant
Page 10 of]5
16D12
EXHIBIT "A"
SCOPE OF SERVICES
I. THE SUBRECIPIENT AGREES TO:
A. PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall
be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-
consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or
others as deemed necessary for the nature of the project.
-
B. PROJECT SCOPE:
The purpose of this project is to provide partial funding for two Case Managers. The counselors
will serve homeless women and children victims of domestic violence by assessing residents'
short and long term needs, assist them in accessing mainstream benefits, food stamps,
medications, job placement, life skills, budgeting, nutrition, self care, legal assistance, and other
basic necessities
C. BUDGET:
Challenge Grant funding of two Case Manager for the Domestic Violence Program.
Line Item:
SCG Funds
Personnel Salary
$40,896
Total Budget
$40,S96
D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified
in B (Project Scope) and C (Budget) above, if applicable.
E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded
projects may result in the delay of processing reimbursement requests for ongoing activities or in
the forfeiture of future State of Florida Challenge Grant funds.
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
This project will be completed no later that June 30, 2009.
K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS
coordinator outlining the status of specific activities under the project. Each report must account
for the total activity for which the SUBRECIPIENT is reimbursed with State Challenge Grant
funds, in part or in whole, and which is required in fulfillment of their obligations regarding the
Project. The progress reports shall be used as an additional basis for CCHHS approval of
invoices, etc. for reimbursement.
Shelter for Abused Women and Children
200S Challenge Grant
Page II of 15
16012
L. COMPENSATION. The County shall pay the SUBRECIPIENT for the performance of
this Agreement upon completion or partial completion of the work tasks as accepted and
approved by HHS pursuant to the submittal of monthly progress reports as identified in Article
Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but
not more frequently than once per month. Adherence to the work schedule identified in Exhibit
A, Article F, will be required, unless modified in writing by the parties. Payment will Payment
will be made upon receipt of a proper invoice and upon approval by the or his designee, and in
compliance with Section 2IS.70, Fla. Stat., otherwise known as the "Local Government Prompt
Payment
Act".
o
Shelter for Abused Women and Children
2008 Challenge Grant
Page 12 of 15
16D12
EXHIBIT "B"
Shelter for Abused Women and Children
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Shelter for Abused Women and Children
Subrecipient Address: P.O. Box 10102, Naples, FL 34101
Project Name: Challenge Grant
Project No: ;
Payment Request# 40,896
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$
40,896
2. Sum of Past Claims Paid on this Account
$
o
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
o
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
7. If applicable amount held as retainage to date
by the County, if not retained by the sub-recipient
$
o
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the County and the Sub-recipient. I also certify that the
amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
A uthorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
Shelter for Abused Women and Children
2008 Challenge Grant
Page 13 of 15
16D12
EXHIBIT "C"
Shelter for Abused Women and Children
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
MONTHLY PROGRESS REPORT
Complete form for past month and submit to HHS staff by the I (jh of the following month.
Status Report for Month of
Submittal Date:
Project Name
Project Number HFZ93
Activity Number
;
Subrecipient:
Contact Person
Telephone:
Fax:
E-mail:
Performance Measures
1. Activity StatuslMilestones (describe any action taken, relating to this project, during the
past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to
this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
Shelter for Abused Women and Children
200S Challenge Grant
Page 14 of 15
16D12
Progress on Completion ofthe Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work
accomplished to date versus planned timeframes for completion of the activity as outlined in
your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and
steps being taken to assure completion of the activity or use by June 30, 2009.
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED
BY JUNE 30, 2009, report on the activity, the cause, and corrective actions (amendment to
reduce grant award, return of funds, identification of other uses that could be completed by
June 30 2009, etc.).
Shelter for Abused Women and Children
2008 Challenge Grant
Page 15 of 15
".""'
oRiG. I.NAL DOC.. UMENTS CHEC. KL.IST & R. 0.. UTING SLW..lO, h~.c1:~.
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Il..I Y. II ~
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 theBoi~~*i~~os~;; item.) 16 D ~
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe documentjs already comPletewil~
exception of the Chairman's si nature, draw a line throu h routing lines #1 through #4, com letethe 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--
2. Chairman Tom Henning
BCC
(The primary contact is theholder 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 of1he addressees above, including Sue Filson, need to cmtact stafffof additionalormissing
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 11/18/2008
Approved by the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
252-2336
l6D - rS
Yes
(Initial)
N/ A (Not
A licable)
6. Minut~s and Records
Clerk of Court's Office
11-
1L
n/a
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
7tl
U
~
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
appro 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 [mal negotiated contract date whichever is a plicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
Inmost 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 11/18/2008 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.
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.
~~f
Return to
4234639 OR: 4409 PG: 1121
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/21/2008 at 01:31PM DWIGHT E. BROCK, CLERK
REC FEE 35.50
COPIES 4.00
.~
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 09-033-IF
Retn:
CLERK TO THE BOARD 1 6
INTEROFFICE 4TH FLOOR 1:1
EXT 7240
13
This space for reeording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit" A."
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
.
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96).
5. The deferred impact fees shall be alien 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(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
OR: 4409 PG: 1122
16013
mortgage or other security interest, this lien shall otherwise be superior and paramount to the
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same, including, but not limited to, a full or partial
release oflien.
7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
declare that the deferred impact fees are then in default and immediately due and payable.
The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and
costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then
maximum statutory rate for judgments calculated on a calendar day basis until paid.
DEVELOPER will sell the unit to persons whose legal status will be verified, documented and
kept on file at the office of Housing and Human Services. If the developer fails to comply
with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid
to the County, including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
frrst above written.
Attest: .' "..-\() J . OJ);,_
DWIGHT :ij;-;iBROCK, Clerk
'" ',' /\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, F. ORillA
..
By:'" ~
:';f:':.~'<'~ .~;.. L, v1 l
~~~~1;>,IJ..t61 ....~~,
sitta..,:...... rJt.. <;:,\"
. ~.;.:'~..~<i .,,~.;.4.'.("1';j .'
, '<.,:\-",- 'i'r-' __<ok J :l "1 !.,J i ...
"\-"."~ "'..' .
BY:
OR: 4409 PG: 1123
16D13
WITNESSES:
2f(~U:
/.IcJu lei ~rtl5
II
il1
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing ins1:rUJ,nent was acknowledged before me this '3 () day of September,
2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who
is personally known to me or has produced as identification.
Si
~
of Notary Public
[NOTARIAL SEAL]
+~: YOLANDA H. HERRERA;
,~ MY COMMISSION # DD578885 c
~""...~ EXPIRES:July27.201O c
I.~"I.')-NOTARY Fl. NOla!}' o.SlXlIU1I'~ C 5
i14.M~
Dl&rllt/ ~e,.(/&'~.
Print Name of Notary Public
Approved as to form
and legal sufficiency:
Recommended Approval:
Colleen Greene
Assistant County Attorney
l-dh
-"
Director - Housing and Human Services
EXHIBIT "A"
*** OR: 4409 PG: 1124 ***
16D13
LEGAL DESCRIPTION
Lot 65, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STRF::ET ADDRESS
13537 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
$66.97
B. Correctional Facilities Impact Fee
C. Library Impact Fee
$402.79
$862.50
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
G. Road Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$186.20
J. Water Impact Fee
$3,616.49
$3,722.39
K. Sewer Impact Fee
TOTAL IMPACT FEES
$22,325.96
ORIGINAL DOCUMENTS. CHECKLIST & ROUTING SLIP 16 D 1
TO. ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ...... 4
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 Office only after the Board has taken action on the item.)
., ROUTING SLIP
Complete routing lines #1 through #4 asappropriate for additional signatures, dates, and/or infontJ.ation needed. lfthe document is already complete with the
exception of1he Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (lirie#5)
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey
Housing and Human Service
2. Chairman Tom Henning
BCC
'1?
.
1
~l\ l 'i /2(; 11 I
,
(The primary contact is the holder of1he original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the BeC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
AgendaDate Item was 11/18/2008
Approved by the BCC
Type of Document
Attached
3.
:..,
252-2336
l6D - \Ii
Yes
(Initial)
11-
1L
11-
YL
11-
N/A (Not
Applicable)
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
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
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 exce t the BCC Chairman and the Clerk to the Board
The Chairman' ssignature line date has been entered as the date of BCC approvalof 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 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 11/18/2008 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.
2.
3.
4.
5.
6.
Return to
4234640 OR: 4409 PG: 1125
RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL
11/21/2008 at 01:31PM DWIGHT E. BROCK, CLERK
REC FEE 35.50
COPIES 4.00
4
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 09-032-IF
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 7240
16D14
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and
96/1 00 Dollars ($22.325.96).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the fust
OR: 4409 PG: 1126
16014
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 requirements1 COUNTY shall record
any necessary documentation evidencing same, including, but not limited to, a full or partial
release oflien.
7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
declare that the deferred impact fees are then in default and immediately due and payable.
The COIlNTY shall be entitled to recover all fees and costs, including attorney's fee and
costs,; incurred by the COUNTY in enforcing this Agreement, plus interest at the then
maximum statutory rate for judgments calculated on a calendar day basis until paid.
DEVELOPER will sell the unit to persons whose legal status will be verified, documented and
kept on file at the office of Housing and Human Services. If the developer fails to comply
with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid
to the County, including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above written.
Attest:
DWIGH':{\\B. 'BRPP~ Clerk
;~:F~~)' ....... ......'~ ,~~...
By~ .
'? ',<:;"'<i . .<~ ..i
(~ttes~J~.,").lo :';'
,'t~ature '91f,'1I
~\ii jf\:,)<.SS\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT FLORIDA
D.C
qeputy Clerk
By: r
::VEL7~;lli&COW~,mc.
Aamuel J. so, M.D.
President
WITNESSES:
PrintN~:-./:
/{ 0 (A 1c:;.ieYa<
.
OR: 4409 PG: 1127
16D14
STATE OF Fr.-ORIDA
COUNTY ~F COLLIER .
The forgoing instrument was acknowledged before me this 3LJ day of September,
2008, by SamuelJ. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who
is personally known to me or has produced as identification.
"
[NOTARIAL SEAL]
~'"""~ YOLANDA H. HERRERA ~
)ud~ MY COMMISSION # DD578885 c.
~ EXPIRES:July27,2010 ~
I.M'.I-~.NOTARY Fl. NOI.uyDt~nIAssoc.Co. :
4__A_.~ftA~~~~A4~~.'..~~.
Approved as to form
and legal sufficiency:
~~
r
Colleen Greene
Assistant County Attorney
~Uh[2o-- J)e.("lf~
Print ame of Notary Pub lC
Recommended Approval:
...
--...0
*** OR: 4409 PG: 1128 ***
EXIllBIT "A"
16D14
LEGAL DESCRIPTION
Lot 66, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13541 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACt FEE BREAKDOWN
. Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
$66.97
B. Correctional Facilities Impact Fee
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$186.20
J. Water Impact Fee
$3,616.49
$3,722.39
K. Sewer Impact Fee
TOTAL IMPACT FEES
$22,325.96
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L D 15
TIlEBOARD ~F COUNTY COMMISSIONERS OFFICE FOR SIGNAT~.. . ... ·
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the
exception of1he Chairman's si nature, draw a line through routin lines #1 through #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.Frank Ramsey
Housing and Human Service
2. Chairman Tom Henning
BCC
-{I-
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
t~
(The primary contact is the holder of1he 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 1he addressees above, including Sue Filson, need tocmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to theBCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
Agenda Date Item was 11/18/2008
A roved by the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
252-2336
l6D ...) <l)
Yes
(Initial)
N/A (Not
Applicable)
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
I
Number of Original
Documents Attached
'-1fL
7L
'1L
nla
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
appropriate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executeq 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 fmal ne otiatedcontract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours of 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 11/18/2008 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.
1i-
~
2.
3.
4.
5.
6.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, R,evised 2.24.05
Return to
4234641 OR: 4409 PG: 1129
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/21/2008 at 01:31PM DWIGHT E. BROCK, CLERK
REC FEE 35.50
COPIES 4.00
~
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
Retn:
CLERK TO THE BOARD
INTBROFFICB 4TH FLO~ 6 D
EXT 7240 ... 15
File# 09-031-IF
Tbis space for reeording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96).
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(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
OR: 4409 PG: 1130
mortgage or other security interest, this lien shall otherwise be superior and 20~t Q J 5
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
declare that the deferred impact fees are then in default and immediately due and payable.
The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and
costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then
maximum statutory rate for judgments calculated on a calendar day basis until paid.
DEVELOPER will sell the unit to persons whose legal status will be verified, documented and
kept on file at the office of Housing and Human Services. If the developer fails to comply
with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid
to the County, including all applicable interest and penalties.
8. This Agreement is thesole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
fust above written.
Attest: ......,.
DWIGHr~.tl)~n~Q,~K, Clerk
,)."t~) .,.......... ~ fe)
?
BOARD OF COUNTY COMMISSIONERS
COLLIER iY, FLORIDA
~oK'
By:, . " .
':1,..: ,; "/ r", . :<r~ . D ty CI k
.;:0 .' .. .~_'" ". ; -. 1 : "';: , epu er
',q" :,.. .:l/.-:\" ~
Aftm. .,1ltO\Y~1nun t
s19ri'ltw.. ()i\~\"\"
, J Jl'f j ~ '0 ~
OR: 4409 PG: 1131
DEVELOPER: Habitat r Humanity of Collier County, Inc.
16D15
BY:
WIlNESSES:
Print~(,IL /(oa/cJ1ems
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this '30 day of September,
2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who
is personally known to me or has produced as identification.
[NOTARIAL SEAL]
J>,'*"~ YOLANDA H. HERRERA
~~ MY COMMISSION # DD578885
~ EXPIRES: July 27. 2010 (
,., l.i((:'~OTA~Y FI. NOlJI) Drscounl Assoc. Co. ~
. "'l 110:"'''' ....... ... .
Approved as to form
and legal sufficiency:
Colleen Greene
Assistant County Attorney
Recommended Approval:
'-'
ar y Krumbine
Director - Housing and Human Services
EXIllBIT "A"
*** OR: 4409 PG: 1132 *1*
16D15
LEGAL DESCRIPTION
Lot 67, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13545 Koinonia Drive, Naples, Florida 34114
EXIllBIT "B"
IMWACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
$66.97
B. Correctional Facilities Impact Fee
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$186.20
J. Water Impact Fee
$3,616.49
$3,722.39
K. Sewer Impact Fee
TOTAL IMWACT FEES
$22,325.96
ORIGINAL DOCUMENTS.CHECKLIST& ROUTING SLlf6 D 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENTTO ~. · .... .... . .. ..
THE BOARD. OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documen~ 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. 1f the document is already complete with the
exce tiQn of1he Chairman'ssi nature, draw a line throu h routing lines # 1 throu #4, com Jete 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 HlUllan Service
2. Chairman Tom Henning
BCC
-:JI-
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contll:t is the holder of1he 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 of1headdressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only. after the BCC has acted to approve the
item.
6. Minutes and Records
Clerk of Court's Office
252-2336
l6D - l (p
Yes
(Initial)
N/A (Not
Ap licable)
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
Agenda Date Item Was 11/18/2008
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
11-
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 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 orthefmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed onthe appropriate pages indicating where the Chairman's
signature arid initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents 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 11/18/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chau es,if a licable.
-=fI-
11-
~.
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Ryvised 1.26.05, Revised 2.24.05
It.t
Return to
4234642 OR: 4409 PG: 1133
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/21/2008 at 01:31PM DWIGHT E. BROCK, CLERK
REC FEE 35.50
COPIES 4.00
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 09-030.IF
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 7240
16D16
This space for reeording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
lIDs Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. lIDs Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96).
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. lIDs Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
OR: 4409 PG: 1134
mortgage or other security interest, this lien shall otherwise be superior and paramo!! ~ JJ 16
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same, including, but not limited to, a full or partial
release oflien.
7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
declare that the deferred impact fees are then in default and immediately due and payable.
The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and
costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then
maximum statutory rate for judgments calculated on a calendar day basis until paid.
DEVELOPER will sell the unit to persons whose legal status will be verified, documented and
kept on file at the office of Housing and Human Services. If the developer fails to comply
with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid
to the County, including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above written.
",,:""i"
._,:,/;~<.r~~:". \\",c," "~;':~'~.""'"
Attes~~,:l""," ',\?l"J D'.'>lf;',~ "'.
DWIQJI'PMit\Rotk~-C~k'.
/'7t:;~.t~~i;~i~' \
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, LORIDA
U)ui
'p.o'.~'/"'.,.t .t\~\~'. ,~8 ;fepu~Clerk
=:1':4='~~!\ \)\,~"
an
OR: 4409 PG: 1135
16D16
DEVELOPER: Habita for Humanity of Collier County, Inc.
BY:
WITNESSES:
Print~Q':' ~OM-1f'/4
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this day of September,
2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who
is personally known to me or has produced as identification.
[NOTARIAL SEAL]
~V'W'W"''''~w.\tIt'W.~~
. ~""v~ YOLANDA H. HERRERA ~
~'W~ MY COMMISSION # D0578885 It
~ EXPIRES:July27.201O ~
1-lCI1>:I-NOTARY Fl. Notary 0Isc0un1 Asscc. Co. ~
(
Approved as to form
and legal sufficiency:
~~
,
Colleen Greene
Assistant County Attorney
'O~dLer~
ame of Notary Public
Recommended Approval:
L~~
-/
Director - Housing and Human Services
EXHIBIT "A"
*** OR: 4409 PG: 1136 ***
16016
LEGAL DESCRIPTION
Lot 68, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13549 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
$66.97
$402.79
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$186.20
$3,616.49
$3,722.39
$22,325.96
J. Water Impact Fee
K. Sewer Impact Fee
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO-'.. L D 17
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATuhP .. .
Print on pink paper. Attach to original document. Original docUlnents should be hand delivered to the Board Office. The completed routing slip and originai
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the
exce tion of the Chairman's signature, draw a line throu h 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 routing order)
I.Frank Ramsey
Housing and Human Service
2. Chairman Tom Henning
BCC
-H-
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
(The primary contact is the holder of1he 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 1he addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
Agenda Date Item was 11/18/2008
A proved by the BCC
Type of Document
. Attached
6. Minutes and Records
Clerk of Court's Office
252-2336
l6D - fr
Yes
(Initial)
N/A (Not
A plicable)
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
11-
n/a
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
ap 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 byall 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 fmal negotiated contract date whichever is a plicable.
"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 ofBCCapproval.
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 11/18/2008 and aU changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office ha~ reviewed the chan es, if a licable.
7f-
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
~
Return to
4234643 OR: 4409 PG: 1137
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/21/2008 at 01:31PM DWIGHT E. BROCK, CLERK
REC FEE 35.50
COPIES 4.00
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 09-029-IF
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BIT 1240
16D17
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96).
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(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
OR: 4409 PG: 1138
th .. thi l' hall th . b . d 16hD 17
mortgage or 0 er secunty mterest, s len s 0 erwtse e supenor an paramount to t e
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
declare that the deferred impact fees are then in default and immediately due and payable.
The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and
costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then
maximum statutory rate for judgments calculated on a calendar day basis until paid.
DEVELOPER will sell the unit to persons whose legal status will be verified, documented and
kept on file at the office of Housing and Human Services. If the developer fails to comply
with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid
to the County, including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER UNT, FLORIDA
03'
an
OR: 4409 PG: 1139
16D17
WITNESSES:
Prin~2,1<:'
/)"cJ a 101f>/Q-'5
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this day of September,
2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who
is personally known to me or has produced as identification.
[NOTARIAL SEAL] (;J;fI Qj jf .A'-
S~fN';1ary POOhc
'lor C7yL~ J f e/f'iN'~
Print Name of Notary ~bhc
~"'V''''''''''"
~w:- YOLANDA H~ HERRERA,
''''4 MY COMMISSION # D0578885 :
"'OF~cr EXPIRES;July272010 ·
1-lII'~).N()TARY FI. Naill)! DJ-..; :
Assllo. Co. .
-"~-'l".
Approved as to form
and legal sufficiency:
Recommended Approval:
~Ifzp~
Colleen Greene'
Assistant County Attorney
L~~
-P
Director - Housing and Human Services
EXHIBIT" A"
*** OR: 4409 PG: 1140 ***
16D17
LEGAL DESCRIPTION
Lot 69, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13553 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
$66.97
B. Correctional Facilities Impact Fee
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$186.20
$3,616.49
$3,722.39
$22,325.96
J. Water Impact Fee
K. Sewer Impact Fee
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 D
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU .... ....
Print on pink paper. Attach to original document. Original docume!lts 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 informatioll needed. lfthe document is already completewith the
exce tion of1he Chairman's si nature, 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 Housing and Human Service
(The primary contact is the holder of1he 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 1he addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager
Contact
Agenda Date Item was 11/18/2008
Approved by the BCC
Type of Document
Attached
2. Chairman Tom Henning
BCC
18
252-2336
l6D -l~
Yes
(Initial)
N/A (Not
A plicable)
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
1-1-
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
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 ropriate.
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 ex.ce tthe 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.
Inmost cases (some contracts arean exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by. the BCCon 11/18/2008 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.
2.
3.
4.
5.
6.
4t
Return to
4234644 OR: 4409 PG: 1141
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/21/Z008 at 01:31PM DWIGHT E. BROCK, CLERK
REC FEE 35.50
COPIES 4.00
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 7240
16018
File# 09-028-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees. is Twenty Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96).
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(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
OR: 4409 PG: 1142
16D18
mortgage or other security interest, this lien shall otherwise be superior and paramount to the ..
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same, including, but not limited to, a full or partial
release oflien.
7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
declare that the deferred impact fees are then in default and immediately due and payable.
The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and
costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then
maximum statutory rate for judgments calculated on a calendar day basis until paid.
DEVELOPER will sell the unit to persons whose legal status will be verified, documented and
kept on file at the office of Housing and Human Services. If the developer fails to comply
with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid
to the County, including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
BOARD OF COUNTY COMMISSIONERS
COLLIER UNT LORIDA
,
BY:
OR: 4409 PG: 1143
16D18
WITNESSES:
~;t' /~N~/0
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this 3d day of October, 2008,
by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is
personally known to the or has produced as identification.
~tS'oV./J"1t. YOLANDA H. HERRERA
AiS~ MY COMMISSiON # 00578885
..~~ EXPI~ES:July27.2010
1.~:'1~T"RY FI. NOI.uy DlSl.'OUnl Assoc. Co.
...A4~~~~~.~~A~~~
Yol ~tLJ-{0V(eY-c-
Print Name of Notary Public --..
[NOTARIAL SEAL]
Approved as to form
and legal sufficiency:
Recommended Approval:
~~
Colleen Greene
Assistant County Attorney
d~~~
Director - Housing and Human Services
EXHIBIT "A"
*** OR: 4409 PG: 1144 ***
16D18
LEGAL DESCRIPTION
Lot 70, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13557 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
$66.97
B. Correctional Facilities Impact Fee
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$186.20
$3,616.49
$3,722.39
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
$22,325.96
MEMORANDUM
Date:
November 18, 2008
To:
Sidney Kittila
Operations Coordinator
Parks & Rec. Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
State of Florida Department of Transportation (FDOT)
Transportation Enhancement Program (TEP) Grant
Application to the Collier County Metropolitan Planning
Organization (MPO) for the construction of the Gordon
River Greenway Park
Enclosed please find an original grant application, as referenced above
(Agenda Item #16D20), which was approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has kept a copy for the Board's
permanent records.
If you have any questions, please call me at 252-8406.
Thank you.
Enclosures (2)
16020
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 D 20
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Priot on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec lion of the Chairman's 5i anne, draw a line thrOLl h routino lines #1 thrall h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in rautin order)
1.
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6.
PRIMARY CONTACT INFORMATION
S'\dr1 K\ -t . \Q
NO\JetN\.\oer- l<g 2-coB
c;\"a..V'\-t- 1\
Phone Number
Agenda Item Number
Number of Original
Documents Attached
\~ CA..~C0.
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 fuUy executed by aU parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
AU handwritten strike-through and revisions have been initialed by the County Attorney's
Office and aU 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
shonld 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 D (enter date) and all changes
made during the meeting have been incorporat d i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Ikable.
2.
3.
4.
5.
6.
;(5~-lfD\~
, &D20
I
Yes
(Initial)
N/A(Not
A licable)
~
I: Forms/ County Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
16D20
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR TRANSPORTATION
ENHANCEMENT PROJECTS
Project Title:
Project Sponsor (municipal, county, state. or federal agency, or tribal council):
Collier County Board of County Commissioners
Collier County Gordon River Greenway Park
Contact Sidney Kittila
Title
Operations Coordinator
Address
15000 Livingston Road, Naples, FL 34109
Phone (239) 252-4018
FAX
(239) 252-6595
E-mail addresssidneykittila@colliergov.net
E-mail address
Priority (relative to other applications submitted by the Project Sponsor). N/A
Name of Applicant (If other than Project Sponsor):
1. Qualifying Enhancement Activities:
Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities
possible does not ensure or Increase eligibility. Each activity checked must meet all criteria listed for
that activity In Appendix A of FOOT Procedure #525-030-300-J, Transportation Enhancement Projects).
x
X
Provision of facilities for pedestrians and bicycles
The provision of safety and educational activities for pedestrian and bicyclists
Acquisition of scenic easements and scenic or historic sites
Scenic or historic highway programs. (including the provision of tourist and welcome center
facilities)
Landscaping and other scenic beautification
---1L
Historic preservation"
Rehabilitation of historic transportation buildings. structures or facilities (including historic railroad
facilities and canals)'
Preservation of abandoned railway corridors (including the conversion and use of the corridors
for pedestrian or bicycle trails)
Inventory. control and removal of outdoor advertising
Archaeological planning and research"
X Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-
caused wildlife mortality while maintaining habitat connectivity
Establishment of transportation museums
2. Project Description:
(a) Describe how the proposed project is related to the intermodal transportation system by either
function, proximity or impact. (One or more may apply).
16020
The project site is accessible by existing sidewalks in three locations: I) along Goodlette Road where it
intersects the abandoned paved access road (this will be improved to provide access to the canoelkayak launch
and parking facilities); 2) along Goodlette Road where it intersects with current Naples Zoo overflow parking
(this will be developed as paved shared parking for the project site and the Naples Zoo); and 3) where the north
end of the project site runs along Golden Gate Parkway (this is where a 60-foot easement exists to develop a
road that will serve dually as access to the project site as well as access to the private development to the east of
the project site). More than 4,500 linear feet of paved trail and 4,500 linear feet of raised boardwalk will run the
length of the project, with boardwalks to connect the two Goodlette Road access areas and the City of Naples
section of the Gordon River Greenway. The project site is a vital link in the establishment of the overall
Gordon River Greenway, a green space corridor in urban Collier County that will not only preserve ecologically
sensitive lands, but will buffer the Gordon River for water quality and flood control purposes and provide a
beautiful natural area for residents and visitors to visit and enjoy. The Greenway will connect off-road
pathways and preserved land from the Freedom Park, north of Golden Gate Parkway, to Goodlette Road South
near the heart of downtown Naples. The portion of the Greenway on Airport Authority property is complete.
Easements and funding have been secured for several other segments. The Gordon River Greenway is identified
as a Tier 1 Off-Road Facility within the Collier County Comprehensive Pathways Plan. The plan was adopted
by the Collier Metropolitan Planning Organization on January 12, 2006. The Comprehensive Pathways Plan is
incorporated by reference in the Collier County Growth Management Plan, in the Transportation Element,
Objective 4.
(b) What is the project and where is the project located (what are the termini, if appropriate)?
Include a detailed scope of services when possible and location map. (location map preferred on aerial
view)
The 123.5-acre Gordon River Greenway Park, located in Section 27, Township 49, Range 25 of Collier County,
Florida, is the second of two projects designed to create Collier County's section of the Gordon River
Greenway; the first, Freedom Park, is near completion (Exhibit A). The entire Gordon River Greenway will
create a 2-mile ecological and trail corridor centrally located within the Naples-Collier urban area. With its
three vehicular access points off of major arterial roadways and three planned parking areas (Exhibit B), the
project site will be a central trailhead facility for the entire Greenway. Furthermore, being centrally located and
the largest single acreage area within the Gordon River Greenway, the project site is the cornerstone of the
Greenway's function as an ecological and wildlife corridor, providing wildlife a sanctuary within an otherwise
inhospitable urban setting.
The project site will be developed with ample pavilions and rest rooms at each of its three major accesses. A
canoelkayak launch into the Gordon River will be developed in the northeastern corner of the site. The river
provides shallow-draft access to Naples Bay and the Intracoastal Waterway to the south. A 75-foot long
pedestrian / bicycle bridge will be built across the Gordon River in order to connect the Greenway Park trails.
The project will include a water quality improvement element that will take water from the impaired Gordon
River and run it through a series of bio-swales for water quality purposes. The swales will settle particulates and
the water will be discharged overland through wetlands which will further scrub pollutants before being
discharged back into the Gordon River.
A wildlife observation platform will break off from the trail on the portion of the project that is southeast of the
Gordon River. The platform will give visitors a clear view of the different wading birds and fish that utilize the
mangrove system within the urban area and a clear view of the yellow-crowned night heron rookery island on
16 D 20
the other side of the river. Three informational/educational kiosks will be located on the site. Additional
signage will be located throughout the boardwalk area. Parks and Recreation Park Ranger and Naturalist staff
will present 24 natural history programs at the site annually.
A detailed scope of serviCes is not available at this time, but will be available upon completion of the
permitting, planning, and design by Collier County's chosen project engineering firm, Kimley-Horn and
Associates, Inc.
(c) Summarize any special characteristics of project. TYPICAL SECTION drawings must be
provided for appropriate projects. Include right of way lines on the typical section drawings.
Boardwalks will be IO-feet wide and asphalt trails will be 12-feet wide to accommodate multi-modal pedestrian
traffic (Exhibit C). Motorized, remote control gates will be placed at the 4 entrances of the Greenway Park, so
that the gates can be opened and closed automatically each day in the morning and in the evening respectively.
Restroom facilities will be equipped with automatic locks that will allow visitors to leave but not enter the
restroom after the park is closed. The main, central trail, restroom facilities, parking areas, and pavilions will be
equipped with security lighting for visitors using the park after sunset.
(d) Describe the project's existing right of way ownerships. This description shall identify when the
right of way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions,
certified surveys).
All lands on which the proposed pathways shall traverse within the Gordon River Greenway Park are owned by
Collier County Board of County Commissioners. Lands within the northern portion of the Park were acquired
by Collier County in December 2005; lands within the southern portion of the Park were acquired by Collier
County in April 2006. County ownership of the Greenway Park is documented via warranty deed and certified
survey.
(e) Describe any proposed right of way acquisition, including expected matching fund source,
limitations on fund use or availability, and who will acquire and retain ownership of proposed
right of way. .
No future right of way acquisition will be necessary to complete this project.
(f) Describe any related project work phases that are already complete or currently underway.
It has been the vision of many civic groups and leaders to see an interconnected Greenway. The remaining
proposed segments of the Gordon River Greenway are indicted on the aerial plan (Exhibit B).
Completed Phases: The completed phase of the Gordon River Greenway is located on the east side of Gordon
River, at the southwest corner of Naples Municipal Airport. The pathway consists of a loop through a vegetated
area providing separate access for cyclists and pedestrians. A five space parking lot provides handicapped
parking and access to the pathway.
FREEDOM PARK (Collier County);
The 50 acre water quality park located at the north east corner of Golden Gate Parkway and Goodlette-
Frank Road is currently under construction. The park includes a mile and a half of board walk and paths
with 6 pavilions throughout the boardwalk system. This is a passive park that will be used by
pedestrians and cyclists. The park is scheduled to be completed in June 2009.
GORDON RIVER GREENWAY PARK (Collier County)
The Gordon River Greenway Park is currently under planning, permitting and design. The expected
completion date for the planning permitting and design of the Park is early 2010.
16020
EXISTING GREENWAY (City of Naples Airport Authority Master Plan):
Presently, a portion of the Greenway has been constructed by Southwest Florida Land Preservation
Trust on land owned by the City of Naples and managed by the City of Naples Airport Authority. This
project is shown on the City of Naples Airport Authority Master Plan. The Greenway connects to a
sidewalk running along the north side of North Road providing access to Airport Pulling Road. This
segment of the Gordon River Greenway provides a pathway that is separated from vehicular traffic.
EXISTING SIDEWALKS (Goodlette Frank Road. Golden Gate Parkway. Enterprise Avenue):
The Goodlette Frank Road sidewalk will connect to the Gordon River Greenway Park at two separate
locations. Additionally, both the Golden Gate Parkway and the Enterprise Avenue sidewalks are
proposed to connect to the Gordon River Greenway Park in the future.
(9) Provide detailed project cost estimate. Estimate should be broken down to FOOT typical pay
items if possible to allow for verification of allowable project costs.
General Project Cost Present Day Cost
Estimate
Utilities 250,000
Site Work (inc. exotic 2,550,000
plant removal)
Bio-swale filtration svstem 2,000,000
Pathwavs 1,000,000
Boardwalks 2,632,500
BriMes 1,500,000
Pavilions 300,000
Rest Rooms 600,000
Canoe/Kavak Launch 135,000
Parking Facilities 900,000
Access Drives 300,000
Landscaping 350,000
SilIDllge 30,000
Gopher Tortoise Preserve 100,000
and Relocation
Site Furnishinl?s 275,000
TOTAL $12,922,500
General Project Cost FY 2011112 Cost
Estimate
Utilities 273,182
Site Work (inc. exotic
plant removal) 2,786,454
Bio-swale filtration syStem 2,185,454
Pathways 1,092,727
Boardwalks 2,876,604
Bridl!:es 1,639,091
Pavilions 327,818
Rest Rooms 655,636
Canoe/Kavak Launch 147,518
Parking Facilities 983,454
Access Drives 327,818
Landscaping 382,454
SilIDllge 32,782
Gopher Tortoise Preserve
and Relocation 109,273
Site Furnishings 300,500
TOTAL 14,120,765
The tables above outline general cost estimates for the project in present day and FY2011l12 (assuming 3%
annual construction cost increase) costs. A detailed cost estimate will be available upon completion of the
permitting, planning, and design phase of the project (approximately October 20 II ).
(h) Other specific project information that should be considered.
The Gordon River Greenway will provide a non-motorized and safe route that will improve and link activities
to scenic venues of the Gordon River. Both the City of Naples Growth Management Plan and the Collier
County Growth Management Plan require consideration and planning for alternative modes of transportation.
3. Project Implementation Infonnation:
Attach documentation as exhibits to this application.
16020
(a) Describe the proposed method of performing (i.e. contract or in-house) and administering (i.e.
local or state) each work phase of the project. If it is proposed that the project be administered
by a governmental entity other than the Department of Transportation, the agency must be
certified to administer Federal Aid projects in accordance with the department's Local Agency
Program Manual (topic no. 525-010-300). Web site:
www.dot.state.fl.us/proiectmanaqementoffice/lap/default.htm
The construction of the entire Gordon River Greenway Park will be performed by contractors and administered
by Collier County. Collier County is certified to administer Federal Aid projects in accordance with the
Department of Transportation's Local Agency Program Manual.
(b) Describe any public (and private, if applicable) support of the proposed project. (Examples
include: written endorsement, formal declaration, resolution, financial donations or other
appropriate means).
The public and multiple area agencies have contributed to the Gordon River Greenway Park and the Gordon
River Greenway Project (GRGP) as a whole. For over 20 years, the idea of a centrally located preserve/park
along the Gordon River has been envisioned by various community groups in Collier County. In mid-2005,
moving towards realization of this vision, Collier County purchased over 100 contiguous acres along the
Gordon River. This purchase was actually the result of a community effort to accomplish two goals. The first
goal was to save the Naples Zoo, a longtime Naples attraction, from having the lands it leased sold out from
under it. The second goal was to acquire lands along the Gordon River for the Gordon River Greenway. In
November 2005, voters in Collier County overwhelmingly approved a $40 million bond to help pay for this
land, the northernmost section of the Gordon River Greenway Park, and the Trust for Public Lands assisted with
the negotiations and purchase. The southernmost 43.5 acres of the Greenway Park were acquired by
Conservation Collier (Collier County's conservation land acquisition program) in April 2006. The
Conservation Collier Program was overwhelmingly approved by Collier County voters in two successive voter
referendums; in 2002 by 62% and again in 2006 by 82%.
Partner agencies for the GRGP include: Big Cypress Basin/South Florida Water Management District; the
Conservancy of Southwest Florida; Collier County Facilities Management Department, Parks and Recreation
Department, and Stormwater Department; Florida Gulf Coast University; Florida Fish and Wildlife
Conservation Commission and others, including local conservation groups.
The GRGP itself is also a part of a larger initiative called the Naples Bay Initiative (NBI). The NBI is a plan of
larger scope that includes multiple projects intended to restore the Naples Bay. This Initiative has multiple
partners including, but not limited to: The Conservancy of Southwest Florida, The Bay Management
Organization, Florida Wildlife Federation, Collier County Environmental Advisory Council, Naples City
Council, Board of Collier County Commissioners and the Big Cypress Basin Board/South Florida Water
Management District.
(c) Describe the proposed ownership and maintenance responsibilities for the project when it is
completed.
The Collier County Board of County Commissioners will own the entire project. The Collier County Parks and
Recreation Department will be responsible for maintaining the northern 80 acres of the project, while the
Collier County Facilities Management Conservation Collier Section will be responsible for maintaining the
southern 43.5 acres.
(d) Describe source of matching funds and any restrictions on availability.
16020
In 2006, Collier County received a $9.9 million Florida Communities Trust grant. A portion of the grant
($1,500,000) paid down debt remaining from the acquisition of the property. Another portion of the grant
($1,010,000) has been allocated for the permitting, planning and designing of the project- currently under
contract. The remaining FCT grant funds ($7,390,000) have been placed in an account to be used for
construction costs associated with the project. County dollars will be the source of the remaining matching
funds for the project. The remaining funds are scheduled for allocation toward this construction project;
however, all County budgets are subject to annual Collier County Board of County Commissioners' approval.
(e) Other specific implementation information that should be considered.
There is a City of Naples and County commitment to complete this project, which was conceived over 10 years
ago, accepted and adopted through several Master Plans and the Collier County Growth Management Plan.
There is clear overall vision for the Greenway Plan. This grant will enable the County to fund construction
work for its portion of the Gordon River Greenway.
16020
4. Cost Estimate:
'Reminder: District IV FDOT Enhancement Funds will only be used to fund Construction and
Construction Engineering and Inspection Activities. The total amount of Enhancement funds requested
per project must now be in excess of $200.000.
Project Cost Estimate ('costs to include all funding sources in addition to this grant application)
Construction Estimate $ 14,120,765
Construction Engineering and Inspection Activities (CEI) $ 0
Total Cost
$ 14,120,765
(A)
Enhancement Fund Allocation
What is the total estimated cost of work to be funded using enhancement funds?
Construction Estimate
$ 400.000
Construction Engineering and Inspection Activities (CEI) $ 0
Total Cost
$ 400,000
(B)
How will the project be funded?
FDOT Enhancement Funds $ 400,000
(B)+ Local $ 13,720,765 = Total $ 14,120,765 (A)
FDOT Enhancement Funds
2.8
% + Local 97.2
% =
100
%
CERTIFICATION OF PROJECT SPONSOR
I hereby certify that the proposed project herein described is supported by
(municipal. county, state or federal agency. or tribal council) and that said entity will: (1) provide any required
funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3)
'comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way
actions required for the project. (4) "comply with NEPA process prior to construction, this may involve
coordination with the State Historic and Preservation Office (SHPO) prior to construction. (Not at time of
application) and (5) support other actions necessary to fully implement the proposed project. I further certify
that the estimated costs included herein are reasonable and understand that significant increases in these
costs could cause the project to be removed from the Florida Department of Transpo ation work program.
FOR FOOT rSE OXL Y
YES XO
Item #
A]lplication Complete
Collier County Board of County
Commissioners
Name (please type or print)
Agenda ~l-I ~..I\~
Date ~
l \--1O-rXS
Project EUglbl.
Tom Henning, Chairma
Im]lIementation Feasible
Titl.e, _"- I
Jjluv 21 -.200<;2';
Date '''~;,
Include in Work Program
':!"".L.'
- Sui; -ilL'" ,
AuIa&aa~Cowl~l AUonIq
AT 1I:~1t
~.CLERK
. ~(),C-.
~te~~ <<I ..L._. .
16020
Exhibit A. Gordon River Greenway Park Location
Gordon River Greenway Park
Gordon River Greenway Park
c::J Freedom Park
Existing Greenway Trail and Sidewalk
- - - Proposed GreenwayTrail
Onl:. l;iOllrcc:: P:"c:c:h::lnIl :.tOOb ;\o:nnl COllul'f Co.,,'I, Properly Appr:,i=O:I
Cflt>rltc-d BV: ~s AS Con=l:1v:.t1onColltnr
G:Con"..rv aliGn Co..ar 'In.n..: . C r CDCL"hlbItL.f'1J1Il ;.nt! jp",.
DMe: 4.1l,).UI
,
-J.-
,
2,000
4.000 Feet
o
Exhibit B. Gordon River Greenway Park Site Plan
16020
LEGEND
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YA~ '''e''''''''''~'.;'''1
II: 'i -,'-'-'-" I 1t""1
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.,~_i..I
"l:.l 1~..., ""I:;f'.., ".1" <~A
5'l~~ "t"l"~.'''IM~ ~w ,,,;t
GREENWAY
",,'.. ,'.nn
~~--~,~
Ii
GORDON RIVER
CONCEPT KEY
PARK
) ,,-....
-
~=n"
COLLIER COUNTY FLORIDA
\J It G-
. -, ., .. ~
_,.",","_,,____.._____'~..~h..'~~.,........~.___~.~.,....,..,"_"___"'_'~","_'
111....,14 H~Oli~n >:i~OU'
Exhibit C. Gordon River Greenway Park Typical Section Drawing
16 D 20
1;,1_(1
GREEN'V'JAY
<
Collier County Gordon River Greenway Park
>
Trail
Typical Cross-section
~~
URBAN DESIGN
N .._ r w () tt t<
ID
COLLIER
Metropolitan Planning Organization
1 (, n 20
2885 South Horseshoe Drive, Naples, Fl 34104. (239) 252-8192 . Fax (239) 252-5815
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
912/08
Potential Sponsoring Agencies and Interested Parties
Brandy Otero, MPO Planner
FY 20II/12 and FY 2012/13 Transportation Enhaneement Program (TEP)
Application Package
The Collier Metropolitan Planning Organization (MPO) is now soliciting project applications that will compete
for $400,000 in Transportation Enhancement Program funding that is available in fiscal year 2011/12 and fiscal
year 2012/13. Projects that are eligible to receive this Transportation Enhancement funding include:
. Provisions for pedestrians and bicycles;
. Provision of safety and educational activities for pedestrians and bicyclists;
. Acquisition of scenic easements, and scenic or historic sites;
. Scenic or historic highway programs (including the provision of tourist and welcome center facilities);
. Landscaping and other scenic beautification;
. Historic preservation;
. Rehabilitation and operation of historic transportation buildings, structures, or facilities (including
historic railroad facilities and canals);
. Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian
or bicycle trails);
. Control and removal of outdoor advertising;
. Archeological planning and research;
. Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity; and
. Establishment of transportation museums.
Important Points to Remember
. TEP Applications must be submitted by a local, county, state or federal government agency or an
Indian Tribal Council. These "Sponsoring Agencies" must be Local Agency Program (LAP) certified
by the Florida Department of Transportation (FOOT) and commit to maintaining the candidate TEP
project after it is constructed. If the Sponsoring Agency is a local government, the "Certification of
Project Sponsor" must be completed by its chief administrative official (City Manager or County
Manager) or reflect official action taken by an elected body (City Council or County Commission).
. TEP funding cannot be used to purchase right-of-way. All candidate projects must be located within
existing public rights-of-way or on public property.
. TEP funding can no longer be used for design. All projects must ~ at 60".40 design by March 2011.
. Any project costs above the estimated amount in the project application will be funded by the
Sponsoring Agency.
16020
. All project cost estimates must be shown in present day cost and Fiscal Year 2011/12 or 2012/13
dollars. Due to project administration costs, only funding requests in excess of $100,000 will be
considered during this year's application cycle.
. Although separate criteria have been developed to rank bicycle/pedestrian and landscaping projects, no
criterion has been developed to rank separate groups of projects against each other. The ultimate
ranking of the TEP Applications that are received will be made by the MPO Board.
. A local match will not be required for candidate project applications; however, local funding will be a
criterion that is scored for each application that is submitted for consideration.
The 2009 TEP Application Package contains the following information that you will need to use during this
year's application cycle:
. Florida Department of Transportation (FOOT) Application for Transportation Enhancement Projects;
. MPO Transportation Enhancement Project Evaluation Criteria: BicyclelPedestrian Projects;
. MPO Transportation Enhancement Project Evaluation Criteria: Landscaping Projects;
. FOOT Summary of Eligible Activities and Work Categories; and
. FOOT Guidance on developing inflation factors.
Contact Information
Additional applications, instructions and criteria for eligible projects can be obtained by contacting the MPO
office at: 2885 South Horseshoe Drive, Naples, FL 34104. Telephone: (239) 252-8192. E-mail:
brandvoterollkollienwv.net or by visiting the MPO's website: htto://www.collicrI11Po.onl/nc\\is2.aso.
Application Submittal Deadline
Tbe MPO office must receive completed applications no later tban Wednesday, November 26, 2008 at
5:00 p.m.
16D23
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 documtnb should he hand delivered to the Bourd Office The completed routing slip and original
documents arc to be forwarded 10 the Board Otliec only after \llc HO:lrLl hns take]) aetion on the il('ln,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infolllla1i\l1l needed If the document is already complete with the
d I # h h 4 I I I kl d f d S rl (I #5)
exception of the Chairman's signature, raw a line through routing ints I I mug #~ctel)CCleC 1St, an orwar to lie 'I son me
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
..
3.
4. Jeffrey A Klatzlow, County Attomey County Attorney JAK 12.8.08
5. Sue Filson, Executive Manager Board of County COllunissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original docurnent pending Bee approval. Nomlally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event Llnc of the addressees above, including SlIC Filson, need to contact staO'for additional or missing
information. All original documents needing the Bee Chairman's signature are tll he delivered to the I~CC office only arkr the Iwe hns acted to approve the
item.)
.
Name of Primary Staff Diana DeLeon, Contract Teclmician Phone Number 252.8375
Contact PurchasinQ DCDt.
Agenda Date Item was 11-18-08 Agenda Item Number l6.D.23
Approved by the BCC
Type of Document Assumption Agreement Number of Original Two
Attached Documents Attached
1.
INSTRVCTlONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not ^pplicablc column, whichever is
a ro riate.
Original document has been signcdlinilialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and possibly Stale ()Inetals.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the final negotiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chaimmn'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 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 ofyolJr deadlines!
The document was approved by the !lCC on )).)8-08 and all changes made during
the meeting have been incorporated in the attal'hcd document. The County Attorney's
Office has reviewed the chan es, if a J licable.
Yes
(Initial)
JAK
N/A(Not
A hcable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
I: Forms/ County Formsl Bee Forrn~/ Original DOCUIllC11lS R()IlLII~ S!lr WWS Uriginall) 03.04, Rcv!sed 12(' OJ, Heviscd 2_24_05
08-PRC-01044/2
MEMORANDUM
Date: December 8, 2008
To: Diana DeLeon
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Assumption Agreement: Steven R. Banks d/b/a Barefoot
Beach Rentals
Attached, please find one original as referenced above (Agenda Item
#16D23) approved by the Board of County Commissioners on
Tuesday, November 18, 2008.
The Minutes and Records Department has kept one of the original
documents for the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
1 6 LJ 2~
16u23
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of ?\ov~..d,)(.r 19. ,2008, by
and between Steven R. Banks d/b/a Barefoot Beach Rentals ("Barefoot Beach Rentals") and
Collier County, a political subdivision of the State of Florida ("County").
WHEREAS, on August 31, 2001, the Collier County Board of County Commissioners
entered into Agreement 00-3168 for Barefoot Beach Concession with Recreational Facilities of
America, Inc. (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement"); and
WHEREAS, Barefoot Beach Rentals hereby represents to Collier County that by virtue
of an asset purchase agreement Barefoot Beach Rentals is the successor in interest to
Recreational Facilities of America, Inc. in relation to the Agreement; and
WHEREAS, the parties wish to formalize Barefoot Beach Rentals' assumption of rights
and obligations under the Agreement effective as of the date first above written
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Barefoot Beach Rentals accepts and assumes all rights, duties, benefits, and
obligations of the Contractor under the Agreement, including all existing and future obligations
to pay and perform under the Agreement.
2. Barefoot Beach Rentals will promptly deliver to County evidence of insurance
consistent with Section 42 of the Agreement.
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
Steven R. Banks
d/b/a Barefoot Beach Rentals
922 Sundrop Ct.
Marco Island, FL 34145-2332
5. The County hereby consents to Barefoot Beach Rentals' assumption of the
Agreement. No waivers of performance or extensions of time to perform are granted or
authorized. The County will treat Barefoot Beach Rentals as the Contractor for all purposes
under the Agreement.
1
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16D23
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement, effective as of the date first above written,
FOR COLLIER COUNTY:
". ~ p l\c~:~~
ATTEST; " ..' ';"
DWIGHfE. BROGK.;Clerk
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9~<.;k:rlto ',Cha I,..... ,
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S 1911atlltlr '1)111 ~
FOR STEVEN R. BANKS
d/b/a BAREFOOT BEACH RENTALS:
By: lb= /2. ~
Steven R, Banks, Owner
Date: II - /? -() 8
Approv
gal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
TOM HENNING, C IRMAN
Attest:.d{A?-LL ~~
Corporate Secretary
I / ~ /1- rJ ~
Date:
2
Item # .11:JlL. ~
Agenda "I ill (6 ~
Date ..!.!..l-Ulf
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Oct 31 08 12:15p Linda Banks 2393942847 .4 2
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COVERlIIQES
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County Commissioners
I 3301 East Tamiami Trail
Naples, FL 34112
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2393942847 1 6 D 2 3
Automobile Policy Oeclcrations
Oct 31 08 12:15p
Linda Banks
?
California State Automobile Association
Inter-Insurance Bureau
150 Van Ness Avenue
P,O. Box 429186
San Francisco, CA 94142-9186
Please keep with your policy.
See Important Notice on reverse.
Far questions or changn call: 1-800-922-8228
L
1. N~ Nro .ADORESS OF II'CSURED
OEClA"lATIONS TYPE
Amended Declarations
1 of 1
PROCESS DATE
09-17-2008
'AGE
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o POLIC'f T'iPE
i= Member
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SANKS KIEU L/STEVEN
37719 2ND ST
FREMONT CA 94536-2924
POLICY h'tJlBER
8E-36-82-5
1NSlJRB) SIMCE
1995
112:01 A.M. Standerd T lme !lit the
addl"~ of 'the> Named I ~ed.
but not pr-ior to lhlt tim" .elpphed
for Dr, if Ihl$. is .a replecemenot
! decleraticn9, not prior 10 Ute tfme
i cGVerago c:har'lg$ ~~ requested.
i 12:01 A.M. Stenaerd Tlrrn') 8t lhe
adcress or the Hemad Imut"ed..
TELEPHONE ~l.MIER
894-4542
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11.111.1111.1.1".111.1111..1,11,1111I1.1.1111...111.1.1.11..1
~ YOIII'
:i Policy
~ Period
09-17-2008
AI. TE~TE ACDRESS
TO
09-14-2009
ALTEFIN'ATE Nl.M3ER
468-5282
OCCUPATION
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04
05
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2000 4D SE~
2007 40 WAG
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DriV6l'"$
do not
necessarily
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vehiclol$.
VEHIClE 10000IFtcAnoN NlMIER
:JTLKT324650209661
!lFAHP3834YW258759
j5N1ANOSU37C529637
LIABILITY LlIIllTS
caVEOAGE CH
Bodily 100,000
Injury
Medical 2,000
Payment.
Uninsured 100,000
.. Motorists
::E Pr Dperty 100,000
"
:ij Damage
.. Comprehensive
II: Actual Cash Value less Deductible
Q.
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.. Collision
.. Aclual Cash Value Less lJeductible
"
< All Risks
0:
.. A.ctual Cash Value Less DeducUble
>
0 TOTAL PREMIUM PER VEHICLE ..
u
100 I
,
500 i $66-
No coLerage
I
5161-
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I
500 I 572-
No coLer age
I
500 I 554-
No coler age
5188-
5161-
Automobile _ i. EXPl.AMATlON A-$15.o00 r..ri --.iI.......... B~S15,OOO ~Kh fir.. nalNd ;1'Oal.nd wid ~"'.
o..th Beneflls! OF Ll.'lrr COCES Coo$15.000 ach ~ named i.-.-1Id Mown .." .tdcr.._nt F329.
UMfT CODE
B
Premium Summ..y
.THIS IS NOT A 6ILL.
CA Surcharge:
50.00
Total Return
Premi urn:
en scr-EXJLE 0; r:::HJ.NGES
.... Name and/or Address Change
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04
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DRIV SAFETY RECORD 1
OPT '
OPT
OPT
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EST ANN Mf QRrvat \I1:H GARAGE ZIP i
11 ,ODD MI 94536 ,
5,000 MI 94536
7,000 MI 94536 i
MI i
Coverage: Item/s 04, 05, 06.
MultiPol icy H04 Homeowners: Item/s
Good Driver: Item/s 0405 06
Student~ Item/s 05
RATED DRIVER
STEVEN
AMBER
KIEU
YRS DR..... SXP
21
3
23
VEHiCle USAGe
Pr incipal
P r i nc i pa I
Principal
MARiTAL!
,
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Enhanced Transportation Expense
DISCOUNTS: Mat Drv: None
Multi Car: Item/s 04 05 06
04 05 06
ITEM
na.t
ITEM
ITEM
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POEM''''
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5510.00
SEE REVERSE
FOR EXPlA-
NATION OF
CODES.
Daclaratlons ConrlrueCl on 'R..verse
Oct 31 08 12:15p
Linda Banks
2393942847
p.2
16D23
BAREFOOT BEACH RENTALS
505 Barefoot Beach Blvd.
Bonita Springs, FL 34134
(239) 948-8414
(510) 388-7547 Steven's Cell
(510) 468-5282 Kieu's Cell
kieubanks@C1mail.com
ccorn ercateringriilva hoo.com
To whom it may concern:
My name is Steven R. Banks along with my wife Kieu, we are listed with the
state of Florida as a DBA-Barefoot Beach Rentals. As a small, husband & wife DBA
business, with no employees, we are not required to too carry workmen's
compensation insurance. I wiD be operating the beach concession & my wife wiD be
operating the food & beverage concession area. Once again, we do not have any
employees, thus no workmen's compensation insurance. If in the future, our
business grows to the point of having to employ other people, we will be sure to seek
the required coverage, & register it properly with the county commissioners. Thank
you for your understanding in this matter. Feel free to contact me with any
questions at 510-388-7547.
Have a great day & God bless,
Steven R. Banks
Owner/Operator
Barefoot Beach Rentals
16D2
Co ntract # 00-3168
BAREFOOT BEACH CONCESSION AGREEMENT
THIS AGREEMENT made effective this .1/ day 0~i'2..ut. 2001, A.D. between
Collier County, a political subdivision of the State of Florida (~r called the "County")
and Recreational Facilities of America, Inc., a Florida Corporation whose address is P.O.
Box 8186, Naples, FL 34101 (hereinafter called "Concessionaire").
1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the County, the exclusive right to operate the following described
concession at Barefoot Beach, located at the southern end of Lely Beach Boulevard,
Florida in conformance with the purposes and for the periods stated herein and subject to
all terms and conditions hereinafter set forth.
a. TERM. This Agreement shall be for a term of three (3) years, commencing on
award by the Board of County Commissioners, and shall be renewable upon
satisfactory performance by the Concessionaire, for an additional two (2) year initial
period and one (1) separate additional period of five (5) years, under the same
terms and conditions, subject to the subsequent approval of the Board of County
Commissioners. The County Manager may extend this Agreement under all of the
terms and conditions contained in this Agreement for up to one hundred twenty
(120) additional days following expiration of the original five (5) year term. The
County must give the Concessionaire written notice of its intention to extend the
Agreement no less than ninety (90) days prior to the end of the Agreement term
then in effect. The Concessionaire shall notify the County in writing within sixty (60)
days prior to the end of the respective Agreement term then in effect of
Concessionaire's intention whether or not to accept the extension.
b. FACILITIES. The County shall provide to the Concessionaire the use of the
following facilities and space at the area known as Barefoot Beach:
1. Under the canopy at the bath house facility as per attached Exhibit "A" .
Pages A-1 and A-2, and incorporated herein by reference.
2. If needed by Concessionaire, space to store one (1) refrigerator or freezer in
the room by the soda machine.
3. The Concessionaire shall have the use of the beachfront, in accordance
with the limitations of paragraph 1 [cl below. The Concessionaire may
construct a building at an approved location on the beach, providing all
proper permits are obtained prior to construction, including, but not limited
to state and local agencies. Design of any structures shall be approved
prior to construction by the Parks and Recreation Director or their
designee.
4. Any improvements made for the benefit of the Concessionaire shall be paid
for by the Concessionaire.
j
c. USES. The Concessionaire is authorized to conduct the following types of
business and to provide the following services, and only such business and
services, at the location as set forth below:
1. Food and Beveraae Service. The sale of food and/or beverages, and ice
cream products from pushcarts at the pavilion area, or other vehicles authorized
by the County, or permanent designated locations on the beachfront in
accordance with the provisions of this Agreement subject to approval by the
Parks & Recreation Director or their designee. The vending machines operated
by the Parks & Recreation Department shall remain at Barefoot Beach.
2. Sale and/or Rental of Related Beach Items and Sundries. Shall include but
not be limited to: umbrellas, chairs, hammocks, tubes, rafts, floats, cabanas,
caps, shirts, jewelry and beach related sundries including lotion, and any other
lawful activity approved in writing by the Director of the Parks and Recreation
Department or their designee.
3. Concessionaire shall have the riQht to use the Parks and Recreation
canoes for rental purposes when not in use by guided tours. Parks and
Recreation shall supply a tour schedule to Concessionaire on a monthly basis.
Concessionaire shall provide a list of the items to be rented at the concession to the
Parks and Recreation Director or their designee, which shall be updated monthly
with any changes.
2. NOTICES. All notices from the County to the Concessionaire shall be deemed dUly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Recreational Facilities of America, Inc.
P.O. Box 8186
Naples, FL 34101
Attn: Anthony J. Smith
All notices from the Concessionaire to the County shall be deemed served if mailed by
registered mail to the County at the following address:
Collier County Parks and Recreation Department
3300 Santa Barbara Boulevard
Naples, Florida 34116
Attention: Director
3. NOT A LEASE. No part, parcel, building structure, equipment or space is leased to
the Concessionaire. The corporation is a concessionaire and not a lessee.
Concessionaire's right to operate the concession shall continue only so long as the
concession operation complies with the undertakings, provisions, agreements,
stipulations and conditions of this Agreement.
4. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be
construed as creating a partnership between the County and the Concessionaire.
Concessionaire is not an agent of the County.
2
16D2
5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part
hereof, without prior written approval of the Board of County Commissioners. Any
attempt to assign without such approval shall be void, Concessionaire agrees that
without the prior written consent of the Board of County Commissioners, no
shareholder shall sell, assign, transfer or convey his/her stock (except by operation of
law), nor shall the corporation issue any additional shares of stock, if any such
transfer or issuance will effectively change the ownership of the corporation.
However, the shareholders have the right to convey between themselves and their
spouses and children without the County's consent.
6. jVlAINTENANCE. The County agrees to provide the assigned facilities in their" as is"
condition and to perform necessary exterior maintenance on the facilities assigned to
the Concessionaire as well as to maintain the below ground level connection lines for
water and sewer utilities. Exterior maintenance of the facilities does not include daily
removal of litter from the concession facility.
7. TRASH. RUBBISH AND GARBAGE. The County shall provide all garbage, trash and
rubbish receptacles within the confines of its area. Dumping of concessionaire's
receptacles and removal of trash, rubbish and garbage to the dumpster shall be the
responsibility of the County. The Concessionaire agrees to perform daily removal of
litter by 9:00 a.m. in the immediate exterior beach concession area, fifty (50) feet in
diameter. The County shall supply a minimum of two (2) trash receptacles to the
Concessionaire. The County shall be responsible for dumping receptacles in the
dumpster.
8. RESTROOM CLEANING. The County shall be responsible for daily cleaning of
restroom areas. Concessionaire agrees to perform emergency cleanup in situations
where Park personnel are not available.
9. USE OF THE FACILITIES IS PRIMARY. Barefoot Beach is for the use of the public
for recreational and other public purposes and the public's right to such use shall not
be infringed upon by any activity of the Concessionaire. However, this does not
preclude the Concessionaire from scheduling promotional events which might
temporarily limit access to the event site, subject to the prior written approval for each
event by the Director of Parks and Recreation or their designee.
10. SECURITY. The Concessionaire must provide at its expense any security measures
to protect its area, equipment and materials. Such security measures may not violate
any other restriction( s) of this Agreement.
3
16D23
11. PERMITS. LICENSES, TAXES. The Concessionaire shall obtain and pay for all
permits and licenses necessary for the conducting of business and shall comply with
all laws governing the responsibility of an employer with respect to persons employed
by the Concessionaire. Appropriate licenses and permits shall include but not be
limited to compliance with Health Department requirements. This shall include HRS
Screening for the Concessionaire and its employees. The Concessionaire shall also
be solely responsible for payment of any and all taxes levied on the concession
operation or any other taxable activity on the premises. In addition, the
Concessionaire shall comply with all existing and future applicable rules, regulations
and laws of Collier County, the State of Florida, or the U.S. Government.
12. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for
this Agreement, a percentage of the total gross revenue (adjusted for items returned) of
the Concessionaire's business, including the sale of food, beverage, and sundry
concession operation as follows:
Five hundred dollars ($500.00) per month minimum or twelve percent (12%) of
gross total concession sales, whichever is greater.
The percentage shall be based on total gross revenues cumulative year-to-date. Said
payments shall be tendered to the County by the 15th of each month for the preceding
month, and such payments shall be accompanied by a statement of gross receipts for the
preceding month. The applicable Florida State Sales Tax on payments to the County as
per this Agreement shall be added to the Concessionaire's payment and forwarded to the
County as part of said payments. The County is to receive its revenue payment as net,
free and clear of all costs and charges arising from, or related to Concessionaire's
obligations under this Agreement and that the guarantee or the percentage of total gross
revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income
collected, accrued or derived by the Concessionaire under the privileges granted by this
Agreement or other document entered into with the County, excluding amounts of any
Federal, State or other tax collected by the Concessionaire from customers and required
by law to be remitted to the taxing authority. The Concessionaire shall provide the County
Finance Department a Statement of Gross Receipts.
Such statement shall be certified as true, accurate and complete by the Concessionaire
and by an independent Certified Public Accountant. The Concessionaire agrees to use
point-of-sale machines or other accounting control equipment for the proper control of
cash and payment. All financial records are to be maintained during the entire term of this
Agreement and for a period of three (3) years following the termination of this Agreement.
The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the
same accounting period as required for the Statement of Gross Receipts. In the event the
County chooses to renew the Agreement for one additional five (5) year period, the
renewal shall be subject to final approval by the Board of County Commissioners.
13. UTILITIES. The County shall pay for charges of utilities to the designated premises
including, but not limited to, charges for water, sewer, and electricity during the term of this
4
16D2"
Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid by the
Concessionaire, i.e. telephone.
14. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on
that amount, and any other taxes and fees due must be submitted to the County through
the Director of Parks and Recreation, to be received no later than fifteen (15) days after
the close of each month. In the event the Concessionaire fails to pay this consideration
within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00)
for each such late payment, in addition to interest at the highest rate allowable by law. If
the payment of consideration and accumulated daily penalties are not received within
thirty (30) days after the normal monthly due date, then the County may take possession
of the Concessionaire's assets on County property, may cancel this Agreement, and may
begin procedures to collect the Performance Bond. A monthly report of activities shall be
submitted to the Director of Parks and Recreation by the 15th of each month. This report
shall accompany the monthly statement of gross revenues and will be subject to audit.
The County has no duty to notify the Concessionaire of its failure to remit any such
payment or report.
15. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage,
flood, civil disorders, act of nature, etc., to some but not all of the facilities and equipment,
the County will allow pro rata adjustment of monthly payments up to the time such
damage is repaired.
16. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Barefoot Beach Concession any personal property brought thereon or any
replacements thereto by the Concessionaire for the purpose of this Agreement, except
such items as may be removed with the express written permission of the Director of
Parks and Recreation. Upon expiration of the term specified in Paragraph 1-a, if the
Concessionaire has made full payment under this Agreement, and has fully complied with
the terms of this Agreement, he may remove his personal property including equipment
from Barefoot Beach and shall do so within fifteen (15) days following the expiration of this
Agreement, provided such personal property and equipment must be removed without
damage to the premises. On Concessionaire's failure to do so, the County may cause
same to be removed and stored at the cost and expense of the Concessionaire, and the
County shall have a continuing lien thereon in the amount of the cost and expense of such
removal and storage until paid, and County may sell such personal property and
reimburse itself for such costs and expense, plus all expenses of the sale.
17. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now
exist and may hereafter be prescribed by the County in the future to provide evidence that
all terms of this Agreement have been and are being observed. The Concessionaire
grants to the County the right and authority to audit all records, documents, and books
pertaining to the concession operation. Such audit will be conducted at locations and at a
frequency determined by the County and communicated to the Concessionaire. The
Concessionaire agrees to provide materials for the audit at the place designated by the
County within five (5) business days after the County's notice to do so is received by
Concessionaire all at no cost to the County unless otherwise agreed to in writing by the
Parks & Recreation Director or their designee.
Concessionaire shall use electronic point-of-sale cash control equipment for the proper
control of cash payments. Cash register tapes must be maintained and made available to
the County upon demand during the entire term of Agreement. All electronic cash control
5
16D23
equipment and accounting procedures shall be with the approval of the Collier County
Finance Department.
18. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct
of surveys and to provide reports of visitor usage of concession services. The County
shall provide Concessionaire with advance notice of any special event and shall
coordinate with the Concessionaire regarding same. County shall provide Concessionaire
with notice of the availability of plans for any remodeling of the facilities.
19. INSPECTION. The concession facilities and premises may be inspected at any time by a
authorized representatives of the Director of the Parks and Recreation Department or
designee or by any other agency having responsibility for inspections of such operations.
Concessionaire shall undertake immediately the correction of any deficiency cited by such
inspectors.
20. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the
concession operation by any public agency or official in enforcing their duties or any laws
or ordinances. Any such interference shall not relieve the Concessionaire from any
obligation hereunder.
21. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claims, and demands and forever releases and discharges the County from all
demands, claims, actions and causes of action arising from this Agreement, except
intentional torts.
22. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its
control or supervision, cause to be filed upon the property any lien or encumbrance of any
kind. In the event any lien is filed, Concessionaire shall cause such lien to be discharged
within ten (10) days after written notice to do so from the County.
23. ORDERLY OPERATIONS, ETC.. The Concessionaire shall have a neat and orderly
operation at all times and shall be solely responsible for necessary housekeeping services
to properly maintain the premises. There shall be no living quarters, nor shall anyone be
permitted to live on the premises.
24. EMPLOYEES; MANAGER. The Concessionaire shall employ people to work at this
facility who are neat, clean, well-groomed and courteous. All employees shall observe all
the graces of personal grooming. Subject to the American with Disabilities Act,
Concessionaire shall supply competent employees, who are physically capable of
performing their employment duties and the County may require the Concessionaire to
remove an employee it deems careless, incompetent, insubordinate or otherwise
objectionable and who continued employment on Collier County property is not in the best
interest of the County. All Concessionaire employees shall wear shirts and shorts with the
Concessionaire's logo or other identifying marking. The Concessionaire shall have an
experienced manager overseeing the concession operations at all times when open for
business.
25. HOURS OF OPERATION. For the initial year of operation, at a minimum, the concession
shall be open and properly staffed seven (7) days per week, twelve (12) months per year,
from 9:00 a.m. to 5:30 p.m., including holidays, weather permitting. Food Concession shall
be provided at a minimum between the hours of 10 a.m. to 3:00 p.m. In subsequent
6
16D2;)
years, Concessionaire may request permission to close during the last two (2) weeks of
August and/or, the months of September and/or October from the Parks and Recreation
Director or their designee. Holidays shall include at a minimum: Memorial Day, Fourth of
July, Labor Day, Thanksgiving and the Friday after Thanksgiving. The Concessionaire
may close at a later time subject to prior written approval of the Director of Parks and
Recreation Department. All hours of operation shall be conspicuously posted and easily
read by park visitors.
26. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to
use in any manner whatsoever, the concession facilities for any improper, immoral or
offensive purpose, nor for any purpose in violation of any federal, state, or County law,
ordinance, rule, order or regulation, or of any applicable governmental rule or regulation
now in effect or hereafter enacted or adopted.
In the event of any violation of this Agreement by the Concessionaire, or if the County or
its authorized representative shall deem any conduct on the part of the Concessionaire to
be objectionable or improper, as noted on the Concession Inspection Report, the County
shall have the right to suspend the operation of the concession should the Concessionaire
fail to promptly correct any such violation, conduct, or practice to the satisfaction of the
County. The Concessionaire shall not commence operation during such suspension until
the violation has been corrected to the reasonable satisfaction of the County.
27. PRICES. The Concessionaire agrees that prices and fees charged for concession
merchandise and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the parle Vending machine and concession items
shall be comparably priced. All prices must be displayed and visible by the
Concessionaire's customers. All such prices and fees must be approved in writing by the
Director of Parks and Recreation or designee. The Concessionaire shall rent or sell only
those items approved in writing by the Director of Parks and Recreation.
28. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the
facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other
similar substances, or explosives of any kind, or any substance or articles prohibited in the
standard policies of fire insurance companies doing business in the State of Florida.
29. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with al'lY of the
terms and conditions hereof and such default is not cured within fifteen (15) days after
written notice is given to the Concessionaire, the County may cancel this Agreement and
revoke the privilege of the Concessionaire to come upon the County's properly for
purposes for which the concession was granted and may oust and remove all parties who
may be present, or may occupy any part of the premises for the purpose of exercising any
rights so revoked.
30. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed
or national origin in the operations referred to by this Concession Agreement; and further,
there shall be no discrimination regarding any use, service, maintenance, or operation of
the premises. All facilities located on the premises shall be made available to the public,
subject to the right of the Concessionaire to establish and enforce rules and regulations to
provide for the safety, orderly operation and security of the facilities.
31. TERMINATION. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, including, but not limited to, failure of the
7
16D2 :;
.,./
Concessionaire to maintain the approved hours of operation or failure of the
Concessionaire to provide a receipt to each customer for every transaction. The County
shall be sole judge of non-performance. Further the County may terminate this Agreement
for its convenience by giving the Concessionaire not less than a sixty (60) day written
notice of such intent. During the notification period, both parties agree to meet its
respective contractual obligations in good faith.
32. COUNTY CONTROLS OF BAREFOOT BEACH CONCESSION. Nothing in this
Agreement will preclude the County from using the public areas of Barefoot Beach for
public and/or civic purposes as deemed necessary by the Director of Parks and
Recreation.
33. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are
provided. Vehicles shall park only in areas designated by the County for vehicle parking.
Concessionaire shall have the right to use vehicles (A TV) on the beach only as necessary
for the purpose of loading and unloading its equipment and supplies. All vehicles (ATV)
that are to be used on the beach must have prior written approval of the Collier County
Environmental Services and the Parks and Recreation Director or their designee and any
other appropriate agency.
Any County approved rental of equipment which requires the concessionaire to have an
on-site chase boat shall be made upon the prior written approval of the Parks &
Recreation Director or their designee.
34. STORAGE. Concessionaire shall not allow any overnight storage of any kind on the
beach unless approved in writing by the Parks and Recreation Director or their designee,
and is contingent upon approval of the appropriate permitting agency.
35. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws
is also prohibited.
36. STORM WARNING. Upon the declaration of a hurricane watch or the implementation of
evacuation procedures from Collier County, Concessionaire shall remove all perishable
goods from the concession and properly secure the site for hurricane approach.
37. AGREEMENT BETWEEN CONCESSIONAIRES. In the event there is more than one
concessionaire located in the same park, beach, or other recreational area, the
concessionaire(s) shall enter into a separate agreement with the other concessionaire(s)
outlining each of their respective responsibilities. These responsibilities shall include, but
not be limited to, cleaning and maintenance of the common areas, picking up litter,
dumping of trash receptacles, and any other activity that may require the joint cooperation
of the concessionaire(s). Said agreement shall be subject to the approval of the Director
of Parks and Recreation.
38. JURISDICTIONAL DISPUTES. Any dispute concerning the Concessionaire's rights under
this Agreement versus other concessionaires' rights under other agreements with the
County shall be submitted in writing to the Director of Parks and Recreation.
39. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with
the Law of the State of Florida.
8
J6D23
40. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all
public approaches to the Concession. All signage, advertising and posting shall be as
approved by the Director of the Parks and Recreation Department. Signs that will be used
for advertising purposes shall be constructed and maintained to County standards as
defined by the Code Compliance Department. The use of the Collier County Logo is
prohibited.
41. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold
the County of Collier and its officers, employees and agents free and harmless from and
against any and all losses, penalties, damages, settlements, costs, charges, professional
fees or other expenses or liabilities of every kind and character arising out of or relating to
any and all claims, liens, demands, obligations, actions, proceedings or causes of action
of every kind and character in connection with or arising directly or indirectly out of this
Agreement and/or the performance thereof. Collier County will be responsible for its sole
negligence.
42. INSURANCE. Before commencing work of any kind, (1) the Concessionaire shall procure
the following insurance with insurance companies licensed in the State of Florida, and (2)
shall file evidence of such insurance with Collier County's Risk Manager.
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
contractors; Products and Completed Operations and Contractual Liability.
B. Automobile Liabilitv: Coverage shall have minimum limits of $300,000 per
occurrence.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with all their applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Concessionaire during the duration of this Agreement. Renewal certificates
shall be sent to the County at least 30 days prior to any expiration date. There shall be a
30 day notification to the County in the event of cancellation or modification of any
required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
43. THIS AGREEMENT shall be administered on behalf of the County by the Parks and
Recreation Department. As used herein, the word "County" shall refer to the Director
of Parks and Recreation or their designee unless the context renders such
construction illogical.
44. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if herein
9
16D23
set out verbatim: All Insurance Certificate; RFP 00-3168, and Performance Bond.
In the event that the Terms and Conditions of the Request for Proposal are
perceived or found to be in confiict with the Terms and Conditions of the Barefoot
Beach Concession Contract, the Terms and Conditions of the Contract shall take
precedence.
Continued on next page......
10
.16 D 23
IN WITNESS WHEREOF, the Concessionaire 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.... .
Date'd: '. "1~ 3-t"..,.. oJ
V'
AtTEST: . (~:
DWIGHT E. BROCK, eLERK OF COURTS
By~~~D.C!..
. .' ..' '.' . I
. . At,test' ". to Chi innan' s
sigiiiilil'e only.
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tType/print witness namet
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Second itness
-p L. II 4/i/.. "5:Ed
tType/print witness namet
Approved as to form and
'''~ /I
~
Robert N. Za ary
Assistant County Attorney
11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: r-J_ ~
Z:~RMAN
By:
Inc.
AtJ""rl()~l :1 - 3M lTH
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MEMORANDUM
Date:
November 21, 2008
To:
Frank Ramsey, Housing Manager
Housing and Human Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Change Order No.1 to File No. DR! 05-06 with
Inspired Woodworking for Project #4984
23rd Court SW, Naples, Florida
Enclosed please find a copy of the above referenced document
(Agenda Item #16D24), approved by the Board of County
Commissioners on Tuesday, November 18, 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 contact me at 252-8406.
Thank you.
Enclosure
16024
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT To~l 6 D 24
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT.mE
Print on pink paper. Attach to original document. Original documents should b.: hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Otl1ce 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. Ifthi.' document is already complete with the
. fth Ch . ,. d r th t . r #t h h #4 I I
exception 0 e airman S signature, fawa me mugn routing !nes t rougn , complete the check is!, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routine. order)
I.Frank Ramsey Housing and Human Service ~ 1,\0/f1J~O~ V
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 conl<1:1 is the holder oflhl.' original document pending Bee approval. Normally the primary contact is till.: person who created/prepared the executive
summary. Primary contact information is nccded in the cvent one of the addressees above, inclLuing Sue Filson, need to crntact statftor additional or missing
information. All original documents needing the Bee Chairman's signature arc Lo be delivered to the Bee office nnly alter the BCe has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 11 II 8/2008 Agenda Item Number 16D -ZL(
Approved bv the BCC
Type of Document Change Order Number of Original I
Attached Documents Attacbed
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 sufliciency. (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 Ibc BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to tbc Board
The Chainnan' s signature line date has been entered as the date of BCC approval of tbe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
Tn most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require fonvarding 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 11118/2008 and all changcs made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan Jes, if a Iicable.
Yes
(Initial)
N/A(Not
A Iicable)
2.
3.
4.
5.
6.
1L
n/a
~
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
16D2i
CHANGE ORDER
CHANGE ORDER NO.: 1
FILE NO.: DRI 05-06
BCC Date: November 18. 2008
Agenda Item: 160-24
TO: Inspired Woodworking
2805 S. Horseshoe Drive #3
Naples, Florida 341 04
DATE: November 18, 2008
PROJECT NAME: William Szempruch - 498423" Court SW. Naples, Florida 34116
PROJECT NO.: DRI05-06
Under our AGREEMENT dated March 3, 2008.
You hereby are authorized and directed to make the following change(s) in accordance with tenus and
conditions of the Agreement: Changes are detailed in Exhibit "A".
FOR THE Additive Sum of: Thirty Five Thousand Fifty and 00/1 00 Dollars ($35,050.00).
Original Agreement Amount
$50.000.00
Sum of Previous Changes
$0.00
This Change Order
$35.050.00
Present Agreement Amount
$85.050.00
The time for completion shall be increased by two hundred forty (240) calendar days due to this Change
Order. Accordingly, the Contract Time is now three hundred thirty (330) calendar days. The substantial
completion date is January 1,2009 and the tinal completion date is January 31, 2009. Your acceptance of this
Change Order shall constitute a modification to our Agreement and will be performed subject to all the same
tenus and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this
acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all
claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and
delay costs.
Accepted: November 18.2008
CONTRACTOR:
Inspired Woodworking
OWNER:
By:
B, GJALU:"'~
William Szmpruc
~
~
By:
DIVISION ADMINISTRATOR
16D24
~"
--/,.
By:
aria Ramsey
~ECIALIST
:- f~
Tammar Hammer
Date: November 18. 2008
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COU TY FLORIDA
BY:
Attett'-Uc to
11~turt 0Il1~
ApproVed As To Fom1.',
(~d Legal Sufficiency: <-
\\V C~~
Print Name: Colleen Greene -
Assistant County Attorney
BY:
Dwight E. Brock, Clerk
Item # llf D -a-4
~~~;da lHK -()8
Date [' __" l\ -,,0
Rec'd ~
Collier County Housing and Human Services
Disaster Recovery Initiative
3301 E Tamiami Trail
Building H Room 211
Naples, Florida 34112
EXHIBIT "A"
Client File # DRI 05-06
William Szempruch
Inspired Woodworking
4984 23rd Court SW
Naples, Florida 34116
Rehabilitation Contract Date: 3-Mar-08
Homeowner:
Contractor:
Property Address:
The following change(s) is/are authorized to the above identified Rehabilitation Contract:
Item
Mold Mediation
Dumpster
Exterior
Exterior
Exterior
Entry Door
Permit
Recording Fee
Mold Mediation
Dumpster
Mold Abatement
Mold Remediation
Interior
Interior
Plumbing
AIC
Interior
Exterior
Kitchen
Interior
Entry Door
Electrical
Bathroom 1
Bathroom 2
TOTAL PAGE ONE
Original
Cost
Descri tion of Chan e
Initial Mold Assessment Test
Dumpster Rental
Vinyl Siding wi House Wrap
Aluminum Soffit
Frame Front Door
Exterior Door Repair
Permit Fee
Notice of Commencement
Moid Assessment with Report
Dumpster Pull
Additional Mold Abatement
Remediation of Water & Mold
Replace Insulation
Replace Floor and Tile
Replumb Water to Home
Replace AIC
Drywall Replacement
Seal Exterior per Mold Assessment
Replace Cabinet
Trim and Door Package
Door Repair
Minor Electrical
Repair Damaged Bathroom
Shower Stall Repair
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Page One Total
Total New Contract Amount
Increase
Decrease
$ 660.00
$ 358.00
$ 11,392.00
$ 1,984.00
$ 556.00
$ 376.00
$ 150.00
$ 12.50
$ 563.00
$ 358.00
$ 1,947.00
$ 12,916.00
$ 978.00
$ 10,784.00
$ 378.00
$ 2,461.00
$ 5,684.00
$ 325.00
$ 10,316.00
$ 6,364.00
$ 126.00
$ 1,933.00
$ 1,226.50
$ 460.00
$ 72,308.00
16 0 24
Reason for Chan e
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
$72,308.00
$72,308.00
EXHIBIT "A"
Client File /I DRI 05-06
William 5zempruch
Inspired Woodworking
4984 23rd Court 5W
Naples, Florida 34116
Rehabilitation Contract Date: 3-Mar-08
Homeowner:
Contractor:
Property Address:
The following change{s) is/are authorized to the above identified Rehabilitation Contract:
Item
Original
Cost
Descri tion of Chan e
Replace Mirrors
Paint Water Damage
Replace Damaged Appliances
Replace Lanai Structure and screens
Interior
Interior
Appliances
Lanai
TOTAL PAGE TWO
$
$
$
$
Page One Total
Page Two Total
Total New Contract Amount
Signed:
Homeowner
~.
~-;.:;-~
~
Contractor
~ rn tv1
struction Advisor
~,~,~
.
Increase
Decrease
$
$
$
$ 5,219.00
$ 12,742.00
500.00
4,923.00
2,100.00
16024
Reason for Chan e
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
Hurricane Wilma Damage
$72,308.00
$12,742.00
$85,050.00
// /{()If!)~
Date . I
11- /0 -- f){!OB
Date
It! 10/:;'<<;8
r .
Date
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST 'fAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Fiala... Donna Board of County Commissioners
MAILING ADDRESS THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
3301 East Tamiami Trail WHICH I SERVE IS A UNIT OF:
CITY COUNTY DeITY ~OUNTY o OTHER LOCAL AGENCY
Nanles Collier NAME OF POLITICAL SUBDIVISION:
Collier Countv
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
lR 2008 )0 ELECTIVE o APPOINTIVE
16D24
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or ejected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conffjct of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN froll] voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or: she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate~ means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000
PAGE 1
16
2l.L
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Commissioner Donna Fiala
. hereby disclose that on November 18
20 08 .
,~.
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ________________~_______________;
X- inured to the special gain or loss of my relative, _---Ton n F i Fll Fl -1S..an.L
inured to the special gain or loss of
whom I am retained; or
(: _.-J.' inured to the special gain or loss of
. is,the parent organization or subsidiary of a principal which has retained me.
I." (b) The measure before my agency and the nature of my conflicting interest in themeasureis as follows:
, by
, which
Housing & Human Services BCC Agenda Item I fc D d\..(
Recommendation that the Board of County Commissioners approve and
authorize the Chairman to sign Change Order No. 1 to File No. DRI 05-06
with Inspired Woodworking for Project 4984 23rd Court SW, Naples,
Florida (Folio No. 36110800009) and ratify Staff approval of project
expenditures.
Date Filed
//-//?-oI?
_ ~~~d~
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWiNG: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
16 D 24
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO:
Jeffrey A. Klatzkow, County Attorney
. rrl\{:{
Colleen M. Greene, AssIstant County Attorney VI"
FROM:
DATE:
November 12, 200S
RE:
November 18, 2008 BCC Agenda - Housing and Human Services Item
November 18, 2008 BCC Al!enda - Housinl! and Human Services Item
The Housing and Human Services Department has presented a Change Order for the
November 18, 2008, BCC Agenda, which relates to Commissioner Fiala's son's business,
Inspired Woodworking.
Based on my review of this Agenda Item, Commissioner Fiala may have a potential voting
conflict, and as such, in an abundance of caution, Commissioner Fiala should abstain from
voting and participating in discussion on this item.
112.3143, Fla. Stat., provides:
(3) (a) No county, municipal, or other local public officer shall vote in an official capacity upon
any measure which would inure to his or her special private gain or loss; which he or she knows
would inure to the special private gain or loss of any principal by whom he or she is retained or
to the parent organization or subsidiary of a corporate principal by which he or she is retained,
other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the
special private l!ain or loss of a relative or business associate of the public officer. Such
public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the
officer's interest in the matter from which he or she is abstaining from voting and, within 15 days
after the vote occurs, disclose the nature of his or her interest as a public record in a
memorandum filed with the person responsible for recording the minutes of the meeting, who
shall incorporate the memorandum in the minutes. (emphasis added).
Relative is defined to include a son. Section 112.3143(1)(b), Fla. Stat.
Prior to approval of the Consent Agenda, Commissioner Fiala is advised to state her potential
conflict for the record.
Commissioner Fiala must:
1. State that she will abstain from voting based on Section 112.3143(3)(a), of the Florida
Statutes;
2. Clearly identify thc agenda item at issue;
16024
3. State her interest in the matter. For example, state that her son is the owner of the
business being considered in the change order; AND
4. Complete a Voting Conflict Form within 15 days of the meeting and file with minute
keeper.
If Commissioner Fiala wishes to participate in any discussion regarding this item, she must:
I. State her interest in this matter; and
2. File a Written Memorandum prior to the meeting which will be read at the next
meeting following this item.
3. The term "participate" means any attempt to influence the decision by oral or
writtcn communication, whether made by the officer (person to benefit) or at the
officer's direction.
I recommend that Commissioner Fiala abstain from voting and not participate in any discussion
regarding this item.
Should Commissioner Fiala fail to follow the statutory requirements and abstain from voting or
disclose her interest in the matter prior to participating in the discussion, Commissioner Fiala
could be faced with a violation of this statute. Penalties vary and include removal or suspension
from office and a civil penalty not to exceed $10,000.
08.0161/26
I
In
11.1<'1 NArAE--FIRST' '.\IAE.~MIDDLE NAME
Piala,. Donna
r'~';AiUtJG^O-Di~~:s-s-
I . 3301 East Tamiami
i-CIT~{~"-----
I Naples
I IJ..! liE ON WHICH VOTE OCCURRED
n Jl=hex 18 2008
16 D 24-ClXYt
rti
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITIEE
Board of County Commissioners
Trail
COUNTY
Collier
cCOP
HE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITIEE ON
WHICH I SERVE IS A UNIT OF:
o CITY cl;:;OUNTY
NAME OF POLITICAL SUBDIVISION:
Collier County
MY POSITION IS'
o OTHER LOCAL AGENCY
XI ELECTIVE
o APPOINTIVE
I
WHO MUST FILE FORM 8B
ThiS forlll is for'Jse by any person serving at the county, city. or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
l on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
r----
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holdinfJ elective or appointive county, municipal, or other local public office MUST ABSTAIN fro~ voting on a measure which
inures to his or rer special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inlJres to the special gain or loss of a principal (other than a government agency) by whom he or-she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., ,1nd officers of independent special tax districts ejected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-inwlaw,
mother-in-law, ::icn-in-Iaw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the oificer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abslaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min~
utes of the rneeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or 8t your direction.
IF YOU IflTEflD TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN.
You must c()lllpl(~te and file this form (before making any attempt to influence the decision) with the person responsible for recording the
;Tiinute~~ uf '~8 ~~~~t_i~'2~,_~h~.\~~!~~~:~o~-_e.?,~~~~2?~~~!_~ r~!~~J~:_~~~~ntinue_~~~hor Si~~~_~________~_~.___ ___n__._______
_ ."',:::1/1
~ />:).~In
p/\GEl
16D 24-c~
APPOIN TED OFFICERS (continued)
^ r::opy of the form must be provided immediately to the other members of the agency.
The fom' must be read publicly at the next meeting after the form is filed.
IF '{()U IvlAI<E NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
I
I
I You Illu:.>t complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
< meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
I agency, and the form must be read publicly at the next meeting after the form is filed.
L_~___.___________ . _ .
You mus t disclose orally the nature of your conflict in the measure before participating.
1-----
I
I
i I, _C::om!!J;L"i"_ioJl"r_l:!onn_~_Xial_,,,,----_, hereby disclose that on~}lQ,:,:embe!:_ 18
,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, 20 _~~__
(a) A measure came or will come before my agency which (che"ck one)
inured to my special private gain or loss;
inured to the special gain or loss of my business <lssociate, _________________._______________________:
-X-- inured to the special gain or loss of my relative, _--T..o~ F i Fll A _l.3.nn..L_________________:
"_ inured t:J the special gain or loss oC._____________._____________________________~_____~_____, by
whom I .1m retained; or
inured to the special gain or loss of ---_______________________._.____~______'_______._______________. which
is the parent organization or subsidiary of a principal which has ret<1ined me.
(0) The meaSUi-e before my agency and the nature of my conflicting interest in the measure is as follows:
HousinCj & Human Services BCC Agenda Item I(J) o;;l\-f
Recommendation that the Board of County Commissioners approve and
authorize the Chairman to sign Change Order No. 1 to File No. DRI 05-06
with Inspired WoodworkinCj for Project 4984 23rd Court SW, Naples,
Ploridd (Folio No, 36110800009) and ratify Staff approval of project
e:.:penclitures.
.. Ll~!2-Q~_ ____________________
"
_ _1~7 '7 ;"
Signature
/~"
~~// /L(tL"
Date Filed
r- .---.---~-- ---~...--~
; NOTICE: UNDt=R PROVISIONS OF FLORIDA STATUTES 3112317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
I CONSTITUTEi3 GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT
I '~EI~O'/AI_ OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR ~
_ '::'i/ILI"EOt>lf'.L.ry' NOT T0-.5XCEED:,1 O,OO~_
r> ,J-li~Jil :~~~ _ i~Fi:: 1//000
PAGl-:: 2
16D24-CR
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO:
FROM:
./effrey A. Klatzkow, County Attol11ey
Colleen M. Grecne, Assistant County Attol11cy [~\f:{
DATE:
November 12, 2008
RE:
November 18, 2008 BCe Agenda - Housing and Human Services Item
November 18,2008 BCC Agenda - Housing aud Human Services Item
Thc Housing and Human Services Department has presented a Change Order for the
November 18, 2008, BCC Agenda, which relates to Commissioner Fiala's son's business,
Inspired Woodworking.
Based on my review of this Agenda Item, Commissioner Fiala may have a potential voting
conilict. and as such, in an abundance of caution, Commissioner Fiala should abstain from
voting and participating in disCllssion on this item.
112.3143, Fla. Stat., provides:
(3) (a) No county, municipal, or othcr local public officer shall vote in an official capacity upon
any mcasure which would inure to his or her special private gain or loss; which he or she knows
would inure to the special private gain or loss of any principal by whom he or she is retained or
to the parent organization or subsidiary of a corporate principal by which he or she is retained,
othcr than an agency as defined in s. 112.312(2); or which he or she knows would inure to the
special private gain or loss of a relative or business associate of the public officet". Sueh
public officer shall, prior to the vote being taken, publicly state to the assembly tbe nature of the
officer's interest in the matter ii'om whieh he or she is abstaining fi'OITI voting and, within 15 days
alier the votc occurs, disclose thc nature of his or her interest as a public record in a
memorandum Iilcd with the person responsible for recording the minutes of the meeting, who
shill) incorporate the memorandum in the minutes. (emphasis added).
Relative is defined to include a son. Section 112.3143(I)(b), Fla. Stat.
IJrior to approval of the Consent Agenda, Commissioner Fiala is advised to state her potential
conlliet for the record.
Commissioner Fiala must:
I.
Slate that she will abstain li'om voting based on Section 112.3143(3)(a), of the Florida
Statutes:
Clearly identify the agenda item at issue;
16D24-Cf\
3. State hcr interest in the matter. For example, state that her son is the owner of the
busincss being considered in the change order; AND
4. Complete a Voting Conniet Form within IS days of the meeting and file with minute
keeper.
I f Commissioner Fiala wishcs to participate in any discussion regarding this item, she must:
I. State her interest in this matter; and
2. File a Writtcn Memorandum prior to the meeting which will be read at the next
meeting following this item.
3. The term "participate" means any attcmpt to influence the decision by oral or
written communication, whether made by the officer (person to benefit) or at the
officer's dir'ection.
I rccommend that Commissioner Fiala abstain from voting and not participate in any discussion
regarding this item.
Should Commissioner Fiala fail to follow the statutory requirements and abstain from voting or
disclose her interest in the matter prior to participating in the discussion, Commissioner Fiala
could be I~lccd with a violation of this statute. Penalties vary and include removal or suspension
li'om office and a civil penalty not to exceed $10,000.
Og.O 1()j/2(}
16E3
MEMORANDUM
Date:
November 24 2008
To:
Jeff Walker, Director
Risk Management Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Second Amendment to the Express Scripts, Inc.
Prescription Drug Program Agreement to provide
Pharmacy Benefit Management Services to the
Collier County Group Health Insurance Plan.
Re:
Enclosed you will find three (3) original documents, referenced
above (Agenda Item #16E3), approved by the Board of County
Commissioner's on Tuesday, November 18,2008.
Please forward on for signature and return a fully executed original
document to the Minutes and Records Department for the BCC's
records.
If you have any questions, please feel free to call me at 252-8406.
Thank you
Enclosure
16E3
SECOND AMENDMENT TO
EXPRESS SCRIPTS, INC.
PRESCRIPTION DRUG PROGRAM AGREEMENT
This SECOND AMENDMENT (the "Amendment") is entered into as of the Effective Date, by and
between EXPRESS SCRIPTS, INC., a Delaware corporation ("ESI"), and COLLIER COUNTY
GOVERNMENT, organized under the laws of the State of Florida ("Sponsor").
RECITALS
1. ESI and Sponsor are parties to a Managed Prescription Drug Program Agreement dated as of
January 1, 2006, as amended from time to time (the "Agreement"), pursuant to which ESI provides certain
prescription drug benefit management services to Sponsor.
2. Sponsor and ESI desire to update and amend the Agreement in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and other conditions contained herein, the
parties hereto hereby agree as follows:
TERMS OF AMENDMENT
1. Definitions. For purposes of this Amendment, any capitalized term not otherwise defined herein
shall have the meaning set forth in the Agreement.
"CuraScript" means CuraScript, Inc. or another pharmacy wholly-owned or operated by ESI or its
wholly-owned subsidiaries that primarily dispenses Specialty Products.
"PM PM" means per Member per month, as determined by ESI by reference to the Eligibility Files.
"Speciaity Drug List" means the standard list of Specialty Products and their reimbursement rates
under the applicable (exclusive or open) option (described in Exhibit A-1) provided to Sponsor with this
Agreement and as updated from time to time.
"Specialty Products" means those injectable and non-injectable drugs on the CareLogic Drug List
and typically having one or more of severai key characteristics, including: frequent dosing adjustments
and intensive c1inicai monitoring to decrease the potential for drug toxicity and increase the probability for
beneficial treatment outcomes; intensive patient training and compliance assistance to facilitate
therapeutic goals; limited or exclusive product availability and distribution; specialized product handling
and/or administration requirements and/or cost in excess of $500 for a 30 day supply.
2. Fees and Rebates. The fees for the services ESI provides shall consist of the fees specified on
Exhibits A -1 thrOUGh A-3 of this Amendment. which shall replace the existing pricing terms of the
Agreement. Rebates shall be as specified on Exhibit B of this Amendment, which shall replace the
existing Rebate terms of the Agreement.
2. Pharmacv ManaGement Funds. The following shall be added as a new Section 2.3:
2.3 Pharmacv ManaGement Funds. Subject to the following. ESI will provide
Pharmacy Management Funds ("PMF") of up to $3.00 per Member as of the Effective Date, solely to fund
implementation expenses upon transition to ESI, and mutually agreed upon services, projects and
programs directly related to the pharmacy benefit administered under this Agreement:
(a) PMF amounts must be based on the fair market value of the direct expenses of the
implementation or the service, project or program funded. and either Sponsor or ESI may use the PMF to
cover the fair market value of expenses for projects requiring joint resources. Funds may not be used in
145276v2
16E3
connection with the Medicare Part D program without ESI's consent, which consent will not unreasonably
be withheld following a regulatory assessment.
(b) Sponsor will submit adequate documentation to support reimbursement within 180 days
of incurring the applicable expense.
(c) Sponsor represents and warrants that (i) it will only use the PMF as reimbursement for its
actual expenses incurred in implementing the transition to ESI, and/or the service, project or program and
the such expenses were incurred and the applicable service. project or program was performed or
provided; (ii) the amount of the reimbursement is equal to or less than the reasonable fair market value of
the actual expenses incurred by Sponsor; (iii) it will notify and disclose the amount and the terms of any
PMF reimbursements to Members and other third parties to the extent required by applicable laws and
regulations.
(d) ESI intends to amortize the PMF over the Initial Term of the Agreement on a straight-line
basis, unless otherwise required by law or accepted accounting principies. Sponsor will have no right to
interest on, or the time value of. any PMF. Unused funds shall be retained by ESI. In the event of a
termination of this Agreement for any reason other than ESl's uncured material breach of this Agreement
prior to the expiration of the Initial Term. Sponsor will reimburse ESI an amount equal to any paid but
unamortized portion of the PMF. Reimbursement to ESI by Sponsor pursuant to this Section will not be in
lieu of any other rights or remedies ESI may have in connection with the termination of this Agreement,
including monetary or other damages. PMF reimbursements are not payable until this Agreement is
executed.
3. Section 3.1 (c) is deleted in its entirety and the following substituted therefor:
(c) Specialtv Products. Members may have prescriptions filled through CuraScript on an
exclusive basis. or through CuraScript and Participating Pharmacies (each as described in Exhibit A-1 ).
ESI will assist in the transfer of prescriptions to, or assist Members to obtain new prescriptions to be filled
at, CuraScript for Members filling Specialty Products through the Mail Service Pharmacy (if applicable).
Sponsor hereby authorizes ESI and CuraScript to communicate with Members and physicians regarding
the transition from Mail Service Pharmacy (or other pharmacies) to CuraScript, as well as to advise
Members filling Specialty Products at Participating Pharmacies of the availability of filling prescription
through CuraScript.
4. Section 6.1 is hereby restated in its entirety as follows:
"6.1 Compliance with Law; Chanoe in Law: Pricino Benchmarks.
(a) Compliance with Law; Chanoe in Law. Each party shall be responsible for ensuring its
compliance with any laws and regulations applicable to its business, including maintaining any necessary
licenses and permits. Sponsor shall be responsible for any governmental or regulatory charges and
taxes imposed upon the services provided hereunder. other than taxes based on the net income of ESI.
With respect to any Plan that is subject to the provisions of ERISA, the Sponsor or the plan sponsor shall
ensure that its activities in regard to such program are in compliance with ERISA. Sponsor acknowledges
and agrees that it is responsible for disclosing to Members any and all information relating to the Plan and
this Agreement as required by law to be disclosed, including any information relating to Plan coverage
and eligibiiity requirements, commissions, rebates, discounts, or provider discounts referred to in Section
6.4 hereof. If there is a change in federal or state laws or regulations or the interpretation thereof,
regulatory, judicial or legal action that, among other things. materially burdens ESI, requires ESI to
increase payments or shorten payment times for Covered Drugs to Participating Pharmacies, or
materially changes the scope of services hereunder, then there shall be an appropriate modification of the
services. reimbursement rates, administrative fees and/or Rebates such that the parties are returned to
their comparable economic position as of the Effective Date. If the parties cannot agree on a modification
or adjusted fee or rates, then either party may terminate the Agreement on thirty (30) days prior written
notice to the other.
145276v2
2
16E3
(b) Pricinq Benchmarks. The parties understand that pricing indices historically used, (and
that are the basis in this Agreement). for determining the financial components of pharmacy billing rates
are outside the control of Sponsor and ESI. The parties also understand there are extra-market industry,
legal. government and regulatory activities which may lead to changes relating to, or elimination of. these
pricing indices that could alter the financial positions of the parties as intended under this Agreement.
The parties agree that. upon entering into this Agreement and thereafter, their mutual intent has been and
is to maintain pricing stability as intended and not to advantage either party to the detriment of the other.
Accordingly, to preserve this mutual intent, if ESI undertakes any or all of the following:
(i) changes the AWP source across its book of business (e.g., from First DataBank
to MediSpan); or
(ii) maintains AWP as the pricing index with an appropriate adjustment as described
below, in the event the AWP methodology and/or its calculation is changed,
whether by the existing or alternative sources; or
(iii) transitions the pricing index from AWP to another index or benchmark (e.g., to
Wholesale Acquisition Cost).
Participating Pharmacy, CuraScript and Mail Service Pharmacy rates, rebates and guarantees. as
applicable, will be modified as reasonably and equitably necessary to maintain the pricing intent under
this Agreement. ESI shall provide Sponsor with at least ninety (90) days notice of the change (or if such
notice is not practicable, as much notice as is reasonable under the circumstances), and written
illustration of the financial impact of the pricing source or index change (e.g., specific drug examples). If
Sponsor disputes the illustration or the financial impact of the pricing source, the parties agree to
cooperate in good faith to resolve such disputes."
5. Section 6.2 is amended by adding the following:
"6.2 State Fiduciarv Laws. ESI will have the right to terminate PBM Services to any Plan (or,
if applicable. Mem bers) located in a state requiring a pharmacy benefit manager to be a fiduciary to
Sponsor, a Plan, or a Member in any capacity."
6. A new provision, section 8.8. Is hereby added to the Agreement as follows:
"8.8 Medicare (QRPDPI Services. The parties agree that as relates to any qualified retiree
prescription drug plan ("QRPDP") established by Sponsor under Medicare for the purpose of
applying for subsidy payments as defined under 42 CFR 9423.886. ESI shall provide the services
under the terms and conditions set forth in Exhibit H."
7. Performance Standards. Exhibit F of the Agreement is hereby deleted in its entirety, and Exhibit
F hereto shall be substituted therefor.
8. Commissions. Exhibit G of the Agreement is hereby deleted in its entirety. and Exhibit G hereto
shall be substituted therefore.
9. Effective Date: Extension. This Amendment shall be effective the later of January 1, 2009, or the
date that is ten (10) business days following ESt's execution of this Amendment. The term of the
Agreement is extended until December 31. 2012, subject to extension thereafter as provided therein.
10. Effect of Amendment. Except as expressly provided herein. the terms and conditions of the
Agreement shall remain in full force and effect. In the event of a confiict between this Amendment and
the Agreement, the terms of this Amendment shall prevail.
] 45276v2
3
16E3
11. Choice of Law. This Amendment shall be construed by and governed in all respects according to
the laws of the state indicated in the Agreement.
IN WITNESS WHEREOF. the undersigned have executed this Amendment as of the day and
year below set forth.
WITNESSETH
ATTEST
. ~/)
,
Dwight Brock, 'Clerk "
L ' ,
By: ~. ~1~~_ (J.(.
AtWit.., to Ch4Irtw.' s
. ttlllturJOII... . "
Approved as to Form and Le al Sulficie cy:
(
145276v2
EXPRESS SCRIPTS, INC.
By:
Title:
Date:
OMMISSIONERS
4
16E3
EXHIBIT A
PHARMACY PROGRAM FEES
Sponsor will pay to ESI the amounts set forth below, net of applicable Copayments. Sales or
excise tax or other governmental surcharge, if any. will be the responsibility of Sponsor. If ESI pays a
particular Participating Pharmacy a higher rate because Sponsor has requested such pharmacy be
included in the network. the rate charged to Sponsor will be the net ingredient cost plus the dispensing
fee paid by ESI to such pharmacy, plus applicable sales or excise tax or other governmental surcharge. if
any.
A Member's Copayment charged for a Covered Drug will be the lesser of the applicable
Copayment or the U&C.
ESI shall be Sponsor's exclusive provider of PBM Services for Sponsor's Plans offering a
prescription benefit. The financial terms set forth in Exhibit A are conditioned on such exclusive
arrangement and all other specified conditions expressly incorporated in such exhibits. including, but not
limited to the adoption by Sponsor of the specified network, qualifying co-payment structures, Formulary,
a minimum of 4,500 Members implemented on the Effective Date of this Agreement, and no Members in
a 100% co-payment plan (if applicable). In the event one or more of the following occurs (whether
between the date of the Cost Proposal and the Effective Date, or during the Term), ESI will have the right,
upon notice, to make an equitable adjustment to the rates, administrative fees and/or Rebates, solely as
necessary to return ESI to. its contracted economic position as of the effective date of such event:
(a) There is a material change in: (i) the conditions or assumptions stated in this Agreement;
or (ii) the size, demographics or gender distribution of Sponsor's Membership compared to data provided
by Sponsor;
(b) Sponsor changes its Formulary, benefit designs. implements aTC plans, clinical or trend
programs or otherwise takes an action that has the effect of lowering the amount of Rebates earned by
Sponsor (whether between the date of the Cost Proposal and the Effective Date, or during the Term);
(c) Sponsor elects to use on-site clinics or pharmacies to dispense prescription drugs to
Members which materially reduces Rebates and/or the number of Covered Drug claims submitted on-line;
and/or
(d) Rebate revenue is materially decreased because Brand Drugs move off-patent to generic
status.
For purposes of this Exhibit A, the terms:
"Average Wholesale Price" or "AWP" means the average wholesale price of a prescription drug
as identified by drug pricing services such as First Data Bank or other source nationally recognized in the
retail prescription drug industry selected by ESI for all clients. The applicable AWP for prescriptions filled
in the Mail Service Pharmacy will be the AWP for the lesser of: (i) the NDC code for the package size
from which the prescription drug was dispensed, or (ii) package sizes of 100 units or 16 ounce quantities,
or the next larger quantity if such specified quantities are not available.
"Compound Drugs" means a customized medication derived from two or more raw chemicals,
powders and devices. of which at least one ingredient is a federal legend drug, prepared by a pharmacist
according to a doctor's specifications.
"Generic Drug" means a prescription drug, whether identified by its chemical, proprietary, or non-
proprietary name, that is therapeutically equivalent and interchangeable with drugs having an identical
amount of the same active ingredient(s) and approved by the FDA. The designation of a product as
"generic" and/or subject to MAC ("Maximum Allowable Cost") is determined by ESI using data elements
provided by First DataBank or other source nationally recognized in the retail drug industry.
145276v2
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"Maximum Reimbursement Amount" or "MRA" means the maximum price for the particular
Generic Drug, as specified on ESl's MAC list. The MAC list is structured with the intent that the weighted
average MRA discount for the entire MAC list is equivalent to a discount off of AWP with a range of 40%
to 50%, but Sponsor's actual weighted average MRA discount may vary within, or above or below. this
range depending upon Sponsor's actual Generic Drug mix and utilization and Sponsor's plan design. ESI
periodically updates the MAC list and MRA to reflect changes in Generic Drug availability and prices.
"Single Source Generic Drug" means a Generic Drug licensed and currently marketed from only
one non repackager generic labeler within a generic class number (GCN).
"Usual and Customary Price" or "U&C" means the retail price charged by a Participating
Pharmacy for the particular drug in a cash transaction on the date the drug is dispensed as reported to
ESI by the Participating Pharmacy.
145276v2
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Exhibit A-1
Pharmacy Reimbursement Rates
I. ParticiDatina Pharmacy Reimbursement Rates
2.Tler Plan Design
3.Tier Plan Design
Less than $15.00 Copay Differential (Plan A)
or
3- Tier Plan Design
Minimum $15.00 Copay Differential (Plan B)
ESI National Preferred Formulary
Network Minimum 50,000 Participating Pharmacy Network
Ingredient Cost. Brand
single source Generic Drugs are priced as brands
2009 Lesser of AWP - 17%, or U&C
2010 Lesser of AWP -17.5%, or U&C
2011 Lesser of AWP - 18%, or U&C
2012 Lesser of AWP - 18%, or U&C
Ingredient Cost- Generic
single source Generic Drugs are priced as brands Lesser of AWP - 17%, MRA or U&C
Ingredient Cost- Compound Drugs Lesser of U&C or combined AWP plus applicable service fee
Brand Dispensing FeelRx $1.20
Generic Dispensing FeelRx $1.20
Administrative FeelRx $0.00
Notwithstanding the preceding, ESI will guarantee a minimum average discount for Generic Drugs as set
forth in the table below.
145276v2
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II. Mail Pharmacy Reimbursement Rates
2- Tier Plan Design
3- Tier Plan Design
Less than $15.00 Copay Differential (Plan A)
or
3. Tier Plan Design
Minimum $15.00 Copay Differential (Plan B)
ESI National Preferred Formularv
1-34 Days' Supply 35-90 Days' Supply
Ingredient Cost - Brand Drugs
single source Generic Drugs are priced as brands
2009 AWp.17% AWP - 24.5%
2010 AWP -17% AWP - 25%
2011 AWP - 17% AWP - 25.5%
2012 AWP -17% AWP - 25.5%
Ingredient Cost - Generic Drugs AWP - 24.5% or. if lower, AWP - 24.5% or, If lower,
MRA MRA
Ingredient Cost - Compound Drugs Lesser of U&C or combined AWP plus applicable service fee
Brand Dispensing FeelRx $1.20 $0.00
Subi""t 10 channe for chanoes in de/ivelV rales
Generic Dispensing FeelRx $1.20 $0.00
Subi",,1 10 cham'" for chanoes in deliverv rales
Administrative FeelRx $0.00 $0.00
Minimum Rate I Rx $8.99 $8.99
Notwithstanding the preceding, ESI will guarantee a minimum average discount for Generic Drugs as set
forth in the table below.
III. Pricina Guarantees:
[A.] Inoredient Cost Guarantee. ESI will guarantee a minimum average discount as reflected below
on Sponsor utilization to be calculated as follows:
[l-(total discounted AWP ingredient cost (excluding dispensing fees and claims with
ancillary charges, and prior to application of Copayments) of applicable Prescription Drug
Claims for the annual period divided by total undiscounted AWP ingredient cost (both
amounts will be caiculated as of the date of adjudication) for the annual period)].
Discounted ingredient cost will be the lesser of MRA, U&C or AWP discount adjudication
methodology.
Type of Participating Mail Service Claims Included Claims Excluded
Guarantee Pharmscy Pharmacy
Generic MRA, AWP, U&C and OTC, Products subject to
2009 AWP-61% AWP - 67% zero balance due - patent actions, Single Source
2010 AWP-62% AWP - 67.5% discounted cost before Generic Drugs and Specialty
2011 AWP - 63% AWP - 68% copay Products
2012 AWP - 63% AWP - 68%
145276v2
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'1
B. DisoensinQ Fee: ESI will guarantee a maximum per claim dispensing fee on Sponsor utilization
to be calculated as follows:
[total dispensing fee of applicable claims for the annual period divided by total claims for
the annual period]. Dispensing fees will be calculated using the lesser of MRA, U&C or
AWP discount adjudication methodology.
Generic Drug Dispensing Rate Guarantee
Contract Participating Mail Service Pharmacy
Year Pharmacies
1 62.0% 55.0%
2 2% Increment over actual of preceding year 2% Increment over actual of preceding year
3 1% Increment over actual of preceding year 1% Increment over actual of preceding year
4 1 % Increment over actual of preceding year 1 % Increment over actual of preceding year
Guarantees will be measured and reconciled on an annual basis within gO days of the end of each
contract year. To the extent Sponsor changes its benefit design or Formulary during the term of the
Agreement, the guarantee will be equitably adjusted if there is a material impact on the discount
achieved. ESI will pay the difference of Sponsor's net cost for any shortfall between the actual result and
the guaranteed result. Any excess achieved in any other guarantee offered pursuant to this Agreement
will be used to make up for, and offset, a shortfall in other guarantee(s).
The guarantees will be calculated as follows:
(a) The total Participating Pharmacy Generic Prescription Drug Claims divided by total
Participating Pharmacy Generic and Brand Prescription Drug Claims (and the same for Mail Service
Pharmacy Prescription Drug Claims).
(b) The Generic Drug dispensing guaranteed percentage baseline in contract years two and
three will be set to the preceding year's actual Generic Drug dispensing percentage Dlus the increment
guaranteed for Participating Pharmacies and Mail Service Pharmacy. respectively.
(c) ESI will pay a penalty for any shortfall between the actual percentage result and the
guaranteed percentage for each of the Participating Pharmacy and Mail Service Pharmacy guarantees,
respectively. If the actual Generic Drug dispensing percentage for a contract year Is below the
guaranteed percentage, the penalty will be calculated as the guaranteed Generic Drug dispensing
percentage for the contract year minus the actual Generic Drug dispensing percentage for the contract
year times the actual claims volume times the applicable Payment Factor below. Separate calculations
will be performed for Participating Pharmacies and Mail Service Pharmacy and for each contract year.
Payment Factor
Contract Year Particioatino Pharmacies Mail Service Pharmacv
1 $64.16 $175.06
2 $68.05 $185.82
3 $73.79 $199.19
4 $73.79 $199.19
(d) Guarantees will be measured and reconciled separately for Participating Pharmacy and
Mail Service Pharmacy on an annual basis within ninety (90) days of the end of each contract year. Any
excess achieved in either the Participating Pharmacies or Mail Service Pharmacy guarantee will be used
to offset a shortfall in the other guarantee, if any. To the extent Sponsor changes its utilization
management programs, benefit design or Formulary. or there are material changes to the demographics
and geography of the Members during the term of the Agreement, the guarantee will be equitably
adjusted if there is a material impact on the Generic Drug dispensing percentage achieved.
t45276v2
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(e) The following conditions apply to the Dispensing Fee guarantees:
. Current utilization management programs or equally effective ones will remain in
place
. Standard ESI Formulary assumed
. Consistent demographics and geography of the Membership
. Benefit design changes will not reduce the current Copayment advantage of generics
over brands or reduce availability of generics
IV. SDecialtv Products
(a) Exclusive. CuraScript is the exclusive provider of Specialty Products for the
reimbursement rates shown on the Exclusive CuraScript Specialty Product List. Any Specialty Product
dispensed from a pharmacy other than CuraScript (for example, limited distribution products not then
available through CuraScript or overrides) will be reimbursed at the standard Participating Pharmacy
Specialty Product rates shown below. Upon CuraScript acquisition of limited distribution products,
Members will obtain prescriptions through CuraScript.
(b) Open. Specialty Products shall be available through CuraScript and Participating
Pharmacies for the Participating Pharmacy Specialty Product reimbursement rates.
STANDARD DISCOUNTS:
Except for the specific items listed in the Exceptions or Limited Distribution tables below, Specialty drugs
will
have the followinQ discounts:
DIiItrIIluailft ~ . Standw Dlscountll D18D81181na F..
CuraScript
. Exclusive The lower of:
. AWP-17%. or $0.00
. MRA
. Open The lower of:
. AWP - 15%, or $0.00
. MRA
Participating Pharmacies
The lowest of:
. AWP - 15% plus Dispensing Fee $2.00
. MRA plus Dispensing Fee
or
. U&C
Specialty products will not be available through the Express Scripts Mail Service Pharmacy.
Limited Distribution Drugs
Distribution of a small number of all specialty drugs is limited by the manufacturer to specific pharmacy
providers. The drugs. listed below, are not available through CuraScript. If CuraScript receives a
prescription for one of the following Limited Distribution medications, CuraScript will:
. Determine the pharmacy that is able to dispense the medication.
. Validate that the pharmacy is contracted to provide the medication based on the patient's
insurance information and will:
o Work with the patient and prescribing physician to initiate the transfer of the script to the
appropriate pharmacy for fulfillment, or
o Provide the patient and physician with information regarding possible patient assistance
programs.
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The cost of the medication will be billed through your regular invoice if it is a covered product.
145276v2
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,
,I fl..',
16E3
ADAGEN
APOKYN
ARALAST
ARCAL YST
BEXXAR
CEPROTIN
EXJADE
FLOLAN
KEPIVANCE
MIRENA
ORFADIN
ORTHOCLONE OKT-3
PRIVIGEN
PROLASTIN
REMODULlN
SOMAVERT
VENTAVIS
XYREM
ZEMAIRA
ZEV All N
Exceptions to Standard Pricing
The following specialty drugs have the discounts shown for each distribution channel. Shaded cells
indicate the Standard pricing above applies for the channel indicated.
.--. "~"'..'..K<" '.'4.~", ~~. '1
"
:4
ADVATE 25.0% 26.0%
ALPHANATE 25.0% 26.0%
ALPHANINE 25.0% 26.0%
A TGAM 15.0%
BEBULlN 16.0%
BENEFIX 16.0%
BONIVA 13.0% 13.0% 15.0%
BOTOX 15.0%
CELLCEPT 15.0%
CIMZIA 15.0%
CYCLOSPORINE 15.0%
EUFLEXXA 15.0%
FEIBA 25.0% 26.0%
FORTEO 13.0% 13.0% 13.0%
HELlXA TE FS 25.0% 26.0%
HEMOFIL M 25.0% 26.0%
HUMATE-P 25.0% 26.0%
HYALGAN 15.0%
IMPLANON 0.0 0.0% 3.0%
IRESSA 13.0% 13.0% 14.0%
KOATE-DVI 25.0% 26.0%
KOGENATE 25.0% 26.0%
LUPRON 15.0%
LUPRON DEPOT 15.0%
METHOTREXATE 15.0%
MONARC-M 25.0% 26.0%
MONOCLATE-P 25.0% 26.0%
MONONINE 25.0% 26.0%
MYOBLOC 15.0%
NOVOSEVEN 25.0% 26.0%
ORTHOVISC 15.0%
PROFILNINE 25.0% 26.0%
PROGRAF 15.0%
RECLAST 13.0% 13.0% 15.0%
RECOMBINATE 25.0% 26.0%
REFACTO 16.0%
RIBAPAK 25.0% 30.0%
RIBASPHERE 25.0% 30.0%
RIBATAB 25.0% 30.0%
RIBAVIRIN 50.0% 55.0%
SANDIMMUNE 15.0%
SOMAVERT 10.0%
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SUPARTZ 15.0%
SYNVISC 15.0%
XYREM 12.0%
ZENAPAX 15.0%
16E3
UPDATES
Express Scripts updates the specialty drug lists as new products are introduced to the market. or as
CuraScript gains access to additional limited distribution drugs, and provides a monthly notice
(c) Specialty Products will be excluded from any price guarantees set forth in the Agreement.
CuraScript or ESI will be entitled to charge a fuel surcharge fee of the amount in excess of any carrier
charged fee over $5.00. In no event will the Mail Service Pharmacy or Participating Pharmacy pricing
specified in the Agreement apply to Specialty Products.
(d) ESI will notify Sponsor no more frequently than monthly of new Specialty Products that
are introduced to the market and added to the Specialty Drug List on or after the Effective Date of this
Agreement with their applicable Specialty Drug List reimbursement rates ("Notice"). The parties agree as
follows:
(i) If Sponsor has expressly excluded a specific therapy class or product on a Set-
Up Form, Specialty Products in such excluded classes will automatically be deemed excluded
from coverage and will reject as "NDC Not Covered" through Participating Pharmacies, Mail
Service Pharmacy and CuraScript; otherwise, all other Specialty Products will be implemented
as Covered Drugs at the rate specified in the applicable Specialty Drug List or Notice. and
Sponsor acknowledges and agrees to same. If Sponsor desires to cover otherwise excluded
Specialty Products, Sponsor must notify ESI in writing that it desires to cover the Specialty
Product before ESI will adjudicate as a Covered Drug, and if ESI receives such confirmation of
coverage from Sponsor such Specialty Product will be loaded thereafter as a Covered Drug at
the applicable Specialty Drug List reimbursement rate set forth in the Notice.
(ii) Sponsor must notify ESI in writing if it wants to exclude the Specialty Product
from coverage. The exclusion will be implemented within seven (7) business days after the date
of ESI's receipt of such the notification. There will not be any retroactive denials for Prescription
Drug Claims processed prior to ESl's receipt of the rejection notice and implementation of the
exclusion as provided above and Sponsor will be responsibie for the payment of such
Prescription Drug Claims processed prior to the rejection of coverage.
(e) For Specialty Products filled through CuraScript only, Members may receive the following
services from CuraScript, depending on the particular therapy class or disease state:
(i) Patient Intake Services: patient enrollment, initial referral processing, insurance
eligibility and benefits verification. alternative coverage searches, schedule of initial Specialty
Product order, and coordination of patient education and instruction for each new patient;
(ii) Pharmacy Dispensinq Services: dispensing the Specialty Product pursuant to a
prescription in accordance with applicable law, deposit of such Specialty Product with a third
party carrier to facilitate the delivery of same per the Member's instructions, and the provision of
certain ancillary supplies (e.g., syringes, needles, and alcohol swabs) and related items in
connection with the Specialty Product that may be necessary or useful to the Member in
connection with the administration of the Specialty Product;
(iii) Onqoinq Clinical and Specialty Pharmacy Support Services: self-injection
teaching support, patient education, assessment, clinical interventions and clinical screenings,
therapy adherence counseling and related clinical patient management activities and programs,
physician consultations. authorization maintenance, assistance with Member coverage appeals.
refill follow-up calls, managing ongoing medication orders, and insurance follow-up and related
ongoing delivery coordination; and
145276v2
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(Iv) Social Services: patient advocacy, hardship reimbursement support. and indigent
and patient assistance programs.
The aforementioned services do not include home infusion supplies and related home health services
and may require the payment of additional fees.
145276v2
14
Exhibit A-2
16E
-.,
,)
-"
I. Administrative Services
Administrative Services and Clinical Proaram Fees
Customer service for members
Electronic/on-line eligibility submission
Standard coordination of benefits (COB) (reject for
primary carrier)
FSA eli ibili feeds
~ ,i;>,';,
Benefit education
Web-based client reporting - produced by client
Ad-hoc desktop parametric reports
Claims detail extract file electronic (NCPDP format)
Load 12 months claims history for clinical reports
and re ortin
Express-Scripts.com for Clients & Advisors
access to reporting tools. eligibility update capability,
contact directory. sales and marketing information,
and benefit and enrollment support
Express-Scripts.com for Members - access to
benefit. drug, health and wellness information;
prescription ordering capability; and customer
service
New member packets (includes two standard resin
10 cards)
Member re lacement cards rinted via web
Prior Authorization - Administrative
Non-clinical Prior Authorization
LosVstolen overrides
Vacation su lies
t45276v2
15
Electronic claims processing
Plan setup
Software training for access to our on-line
system( s)
Prescri tion delive - standard
Annual Strategic Account Plan report
Billing reports
Inquiry access to claims processing system
Express Preview enrollment option - available
during open enrollment to enable members to
evaluate prescription benefit plan options
Digital Certificates (up to five certificates)
Implementation support
Eme in Thera eutics
Prior Authorization - Clinical Base List
Blood Glucose Meter program
Therapeutic Interchange
Additional PBM Services
Manual/hardcopy eligibility submission
Member Submit Fee (includes Medicaid subrogation
claims
Pharmac audit recoveries
. Clinical appeals
. Non-clinical appeals
...~'-' 'fe',
. Part D Subsidy enhanced service (Express Scripts
sends reports to CMS on behalf of client) and Part B
package
. Notice of Creditable Coverage
. Part D Subsidy enhanced service (Express Scripts
sends reports to CMS on behalf of client)
. Notice of Creditable Coverage
. Part D Subsidy standard service (Express Scripts
sends reports to client)
. Notice of Creditable Covera e
II. Selected ClinicallTrend Proarams.
16f.3
$1.00/update (includes initial entry)
$2.50/claim
20% of audit recoveries
$100/report
$150/hour, with a minimum of $500
$350/review
$160/review
. Plans subject to state law (non-ERISA plans) will be
charged a retainer fee of $1 ,000 per month for appeals
handled b MCMC
$1.50 PMPM for Medicare-qualified members with a
minimum annual fee of $7.500
$1.35/letter + postage
$1.12 PMPM for Medicare-qualified members with a
minimum annual fee of $7.500
$1.35/letter + postage
$0.62 PMPM for Medicare-qualified members with a
minimum annual fee of $5.000
$1.35fletter + postage
ESI offers a comprehensive list of trend, safety, care and disease management programs, a
limited number of which are identified below. and which may change or be discontinued from time to time.
ESI also offers savings guarantees under certain conditions. Information concerning such programs,
guarantees and fees, if applicable, is available from the ESI Account Team.
TI'lIIlCl.....~_lIllI!ll~ F_
. Drug Quantity Management' $0.02 PMPM
. Prior Authorization - Clinical Supplemental List' $0.03 PMPM
. Prior Authorization - Other Clinical Overrides (e.g. non- $20/request
standard Prior Authorization medications, medical exceptions) $25/physician review
. Step Therapy - Individual modules and packages available Pricing varies by module
. More than 25 modules available. The most utilized include:
ACE inhibitors and angiotensin-2 receptor blockers (ARBs),
non-steroidal anti-inflammatory drugs (NSAIDS) and COX-2s.
proton pump inhibitors (PPls). selective serotonin reuptake
inhibitors (SSRls), HMG-enhanced. calcium channel blockers,
leukotriene pathway inhibitors. topical immunomodulators.
other antidepressants.
. Formulary Rapid Response $0.01 PMPM
t45276v2 16
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$0 Generic Copay
$1.25/member mailing or $1 ,000 for
member identification and authorization
, List of drugs subject to change at the discretion of Express Scripts.
t1-''',.'!~J~.''t.JIiIlll)tPl...-....r '. . I .....
.,J,....~~_~ .
. Medication Adherence $0.02 PMPM
Includes all seven modules
. Retrospective OUR $0.03/Rx
. Retrosoective OUR - Seniors $0.02/Rx
. RxPredict$ $0.05 PM PM for six months each time
the report is run (e.g. 100,000 members
, $0.05 PMPM 'six months). A
subsequent charge will occur with the
second report. There is a minimum
charae of $3,000.
.. ".i"'.~f!l""'~ . .
" ,- ,.........
. Care Management $O.Q1/claim - Asthma
$O.Q1/claim - Cardiovascular Disease
$0.02/claim - CHF
$0.02/c1aim - Depression
$0.01/claim - Diabetes
$0.03/claim - GI Disease
$0.02/c1aim - Hypertension
$0.02/c1aim - Mioraine
. Disease Management Priced upon request
. Three-disease suite
. Five-disease suite
. Six-disease suite
ExpressAlliance Level 1
5,000-20,000 lives $0.04 PMPM
20,000-50,000 lives $0.02 PM PM
50,000+ lives $0.01 PMPM
ExpressAlliance Level 2
5,000-20,000 lives $0.20 PMPM
20,000-50,000 lives $0.10 PMPM
50,000+ lives $0.09 PMPM
ExpressAlliance Level 3
5,000-20,000 lives $0.35 PMPM
20,000-50,000 lives $0.20 PMPM
50,000+ lives $0.18 PMPM
RxPredict$ $0.05 PMPM for six months each time
the report is run (e.g. 100,000
members' $0.05 PMPM' six months).
A subsequent charge will occur with the
second report. There is a minimum
charae of $3000.
High Utilizer & Case Management Report $150/report
.. All programs are optional and will only be implemented upon client request.
145276v2
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EXHIBIT A-3
Rebates
1. ESI will pay to Sponsor an amount equal to the greater of 100% or the flat amount shown below:
2- Tier Plan Design
3- Tier Plan Design
Less than $15.00 Copay Differential (Plan A)
or
3.Tier Plan Design
Minimum $15.00 Copay Differential (Plan B)
ESI National Preferred Formulary
Participating Pharmacies and Mall Service Pharmacy
CuraScriDt
Per Brand Prescription Drug Claim
PlanA
2009 $6.00 $25.00
2010 $6.25 $26.00
2011 $6.50 $27.00
2012 $6.50 $27.00
Plan B
2009 $7.75 $30.00
2010 $8.00 $31.00
2011 $8.25 $32.00
2012 $8.25 $32.00
2. Member Submitted and Subrogation Claims, aTC products, Plans that do not meet
eligibility requirements set forth herein, claims older than 180 days, claims through Sponsor-owned or
340b pharmacies, claims for 100% copayment (cash and carry) plans not offered in connection with a
health plan benefit, and other similar claims may not be eligible for Rebates.
3. Guaranteed amounts are calculated based upon a thirty (30) day supply for Participating
Pharmacy claims and a ninety (90) day suppiy for Mail Service Pharmacy claims. Guarantees are
measured in the aggregate and reconciled annually. Amounts representing the Rebates allocated to
Sponsor pursuant to the terms of this Agreement will be paid on a quarterly basis approximately 150 days
following the end of each quarterly period. ESI retains all right, title and interest to any and all actual
Rebates received from manufacturers, except that ESI will pay Sponsor amounts equal to the Rebate
amounts allocated to Sponsor, as specified above, from ESl's general assets (neither Sponsor, its
Members, nor Sponsor's plan retains any beneficial or proprietary interest in ESl's general assets).
Sponsor acknowledges and agrees that neither it, its Members, nor its Plan will have a right to interest on,
or the time value of, any Rebate payments received by ESt during the collection period or moneys
payable under this Section. No Rebates will be paid until this Agreement is executed by Sponsor. ESI
will have the right to apply Sponsor's allocated Rebate amount to unpaid Fees and will have the right to
delay payment of Rebates to allow for final adjustments upon termination of this Agreement.
4. Sponsor acknowledges that it may be eligible for Rebates under this Agreement only so long as
Sponsor, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts,
utilization limits, rebates or other financial incentives on pharmaceutical products or formulary programs
for claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the
event that Sponsor negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar
discounts for any Covered Drugs hereunder, but without limiting ESl's right to other remedies, ESI may
immediately withhold any Rebates earned by, but not yet paid to, Sponsor as necessary to prevent
duplicative rebates on Covered Drugs. To the extent Sponsor knowingly negotiates and/or contracts for
discounts or rebates on claims for Covered Drugs without prior written approval of ESI, such activity will
145276v2
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16E3
be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebates
hereunder and to renegotiate the terms and conditions of this Agreement.
145276v2
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16E3
EXHIBIT F
PERFORMANCE STANDARDS
All guarantees, exduding the implernenlalion guarantees, are for the initial term of the oontract. In no event shall the sum
of the payments to Collier County Government.., as a resu~ of Express Scripts' failure to meet any performance
gJarantees, exceed $31,500 per year. The performance guarantees are based on an enrollment of 4,500 mernbers on
the effective date ci the ageement.
Within 45 business days after the end ci each calendar quarter, Express Scripts shall pnovide Collier County Government
with a report assessing Express Scripts' performance under each performance guarantee. In the event Express Saipts
does not meet a performance guarantee, Express Scripts will calculate the applicable amount due to the Collier County
Government within 90 days after the end of the oontract year.
If a oontract is executed prior to the effective date, the performance guarantees offered will become effective from the date
of implementation. In the event the plan is implemented without a signed oontract, the performance guarantees will
become effective the first calendar quarter following the receipt of an executed contract. Annual maximum penalties will
be prorated for any year for which the effective measurement year is less than twelve months.
Service Feature Guarantee Penalty
ConllId Cenl8r
Express Scripts guarantees that calls will be Express Scripts will pay
answered in an average of 30 seconds or less with
the exception of a failure in a third-party Collier County Government
communication system. $2,250 for each full second
This guarantee is predicated on the installation of a above the standard 30
Average Speed of toll-free telephone number unique to Collier County seconds on an annual
Answer: Government. basis. The maximum
annual penalty wili be
Express Scripts' Member Choice Center calis will $4,500. The calculation
be excluded from this guarantee. will be based on the
This standard will be measured and reported average speed of answer.
quarterlv.
Express Scripts will guarantee a blockage rate of Express Scripts will pay
2% or less with the exception of a failure in a third- Collier County Government
party communication system. Blockage is defined $2,250 for each fuli
as a caller receiving a busy signal. percentage point above the
Blockage Rate This guarantee is predicated on the installation of a standard 2%, on an annual
basis. The maximum
(Busy Signal: toli-free number unique to Collier County annual penalty will be
Government. $4,500. The calculation
Express Scripts' Member Choice Center calls will will be based on the
be excluded from this guarantee. This standard will blockage percentage.
be measured and reported quarterly.
Express Scripts guarantees that the call Express Scripts will pay
abandonment rate will be 3% or less with the Collier County Government
exception of a failure in a third-party communication $2,250 for each fuli
Percent of Calis system. The abandonment rates do not include percentage point above the
Abandoned: calls terminated by members in less than 30 standard 3% on an annual
seconds. basis. The maximum
This guarantee is predicated on the installation of a annual penalty will be
$4,500. The calculation
toll-free number unique to Collier County will be based on the
Government. average percentage of
145276v2
20
16E3
Service Feature Guarantee Penalty
Express Scripts' Member Choice Center calls will calls abandoned.
be excluded from this guarantee.
This standard will be measured and reported
quarterly.
Mail ServIce
Express Scripts will pay
Collier County Government
$2,250 for each full
Whereas Express Scripts strives for 100% percentage point below the
Dispensing accuracy, Express Scripts guarantees 99.98% standard of 99.9%, on an
accuracy in dispensing the correct drug, strength, annual basis. The
Accuracy: and dosage, unless the error is a prescriber error. maximum annuai penalty
will be $4,500. The
calculation will be based on
the average prescription
accuracy.
Express Scripts guarantees dispensing and Express Scripts will pay
shipping (or return) of prescriptions not subject to Coliier County Government
intervention within an average of two (2) business $2,250 for each full day
Turnaround Time for days of their receipt at Express Scripts' Mail Service above the standard two (2)
Routine (Clean) Pharmacy. business days on an
Prescriptions This standard will be measured and reported annual basis. The
quarterly. maximum annual penalty
will be $4,500.
Express Scripts guarantees dispensing and Express Scripts will pay
shipping (or return) of prescriptions subject to
intervention within an average of five (5) business Collier County Government
Turnaround Time for days of their receipt at Express Scripts' Mail Service $2,250 for each full day
Prescriptions Subject Pharmacy. above the standard five (5)
to Intervention This standard will be measured and reported business days on an
annual basis. The
quarterly. maximum annual penalty
will be $4,500.
DaI:a SysfBms
Data Systems Express Scripts guarantees 99% availability of the point-of- For each full percentage point
AvailabHity and sale adjudication system, except for daly scheduled which the yearly average of the
Adjudication maintenance and teleoommunications failure. online computer systems
availability is below 99%,
Express Scripts will pay Collier
County Government $2,250.
The maximum annual penalty
for availability and adjudication
will be $4,500.
145276v2
21
16E3
EXHIBIT G
BROKER/CONSULTANT OF RECORD AUTHORIZATION
ESI will pay a quarterly commission to Willis Americas Administration, Inc. for broker activities
performed, and Sponsor acknowledges, directs, and consents to the same. ESI reserves the right to
discontinue payments to broker at any time in accordance with the terms and conditions set forth in that
certain broker services agreement between ESI and the broker. Such commission rate shall be as
follows:
$0.25/Claim
145276v2
22
16E3
EXHIBIT H
MEDICARE QR-PDP ADDENDUM
THIS MEDICARE QR-PDP ADDENDUM (the "QR-PDP Addendum") is made for the purpose of
delineating the terms and conditions under which Express Scripts Senior Care, Inc., a wholly owned
subsidiary of ESI ("Senior Care") will provide certain QR-PDP services to Sponsor as set forth below.
A. Under the Medicare Prescription Drug Benefit Program set forth in Part D of The
Medicare Prescription Drug, Improvement and Modernization Act of 2003 (the "Act"), employers may
establish a Qualified Retiree Prescription Drug Plan (as defined below) in order to continue to provide
prescription drug benefits for its Medicare-eligible Members;
B. ESI has established a subsidiary, Senior Care, that is responsible for providing certain
services related to Medicare Plans, including Qualified Retiree Prescription Drug Plans under the Act; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
1. Definitions. Unless otherwise defined below, capitalized terms used herein shall have the same
meaning assigned to such terms in the Agreement or the Medicare Drug Rules, as appropriate.
"CMS" means the Centers for Medicare and Medicaid Services.
"Medicare Manufacturer Administrative Fees" means those administrative fees of up to 3.5% of the AWP
of certain Covered Drugs paid by pharmaceutical manufacturers to, or otherwise retained by, Senior Care
pursuant to a contract between Senior Care or an affiliate, and the manufacturer and directly in
connection with Senior Care's administering, invoicing, allocating and collecting the Rebates for Medicare
plans operating under the Act, including QR-PDPs.
"Medicare Drug Rules" means the Act and any and all related rules, guidance, interpretations and
operational directives adopted by CMS or other governmental agency with jurisdiction over the
enforcement of the Act.
"Medicare Member" means a Member eligible for benefits through the QR-PDP in accordance with the
Medicare Drug Rules as identified by Sponsor through the Eligibility Files.
"Medicare Rebates" means retrospective rebates that are paid to Senior Care, or otherwise retained by
Senior Care, pursuant to the terms of a rebate contract negotiated independently by Senior Care or an
affiliate with a manufacturer, and directly attributable to the utilization of certain pharmaceuticals by
Medicare Members. Rebates do not include Medicare Manufacturer Administrative Fees, or product
discounts or similar remuneration received by subsidiary pharmacies of ESI or Senior Care.
"Subsidy Payment" means the subsidy amount paid to sponsors of QR-PDPs under 42 CFR ~ 423.886 of
the Medicare Drug Rules.
"Subsidy Reports" means the following reports in a format and with content consistent with the
requirements of the Medicare Drug Rules: (i) monthly eligibility file (list of individuals believed to be
enrolled as defined by the Medicare Drug Rule or other CMS guidance); and (iI) cost data extract
(covered retiree plan-related prescription drug costs) for monthly, quarterly, or annual reporting for
payment of subsidy.
2. QR-PDP Services.
145276v2 23
16E3
(a) Services. In consideration of the fees set forth below, ESI and Senior Care shall provide
Sponsors and Medicare Members the same services then presently provided under the Agreement to
Eligible Enrollees. If elected below, Senior Care shall provide the Subsidy Reports enable Sponsor to file
for Subsidy Payments and meet its QR-PDP reporting obligations under the Medicare Drug Rules
(collectively, the "QR-PDP Services"). The then applicable financiai terms and conditions of the
Agreement relating to Participating Pharmacy, Mail Service Pharmacy, Specialty Products, administrative
fees, Member communication fees shall apply to the QR-PDP. The Medicare Pharma Revenue shall
reflect the same Rebate and Manufacturer Administrative Fee terms set forth in the Agreement.
Notwithstanding the terms of the Agreement, no commissions, marketing fees or other remuneration will
be paid by ESI or Senior Care to brokers, TPAs or consultants relating to Prescription Drug Claims
attributable to Medicare Members.
(b) QR-PDP Fees. Sponsor agrees to pay the applicable fee if elec1ing Senior Care to
provide services to its QR-PDP. If the Sponsor eiects QR-PDP services, but no option is selected, the
default shall be the Standard Option with Member communications:
D PACKAGE OPTION - PART D (SUBSIDY) ENHANCED PLUS PART B PROGRAM: $1.50 Per
Medicare Member per Month ($7,500 minimum annual charge)
D ENHANCED OPTION: $1.12 Per Medicare Member per Month ($7,500 minimum annual charge)
Senior Care submits reports to CMS
D STANDARD OPTION: $0.62 Per Medicare Member per Month ($5,000 minimum annual charge)-
Senior Care submits reports to Sponsor
D Member Materials (Notices of Creditable coverage) - $1.35 per piece plus postage.
D Prior Authorization (Part B and Part D drugs) - standard PA fees
C No Subsidy Reports; Medicare Rebate Filing Only - $0.42 Per Medicare Member per Month
($1,500 annual minimum)
(c) QR-PDP Subsidv Reoorts. If elected, Senior Care shall timely provide to Sponsor
Subsidy Reports. In order for Senior Care to be able to prepare the Subsidy Reports, Sponsor shall
provide to Senior Care in a timely manner any elements and data now and hereafter required under the
Medicare Drug Rules (e.g., Member social security numbers, the CMS issued RDS Plan Sponsor ID and
Appiication ID) in a format reasonably required by ESI.
(d) Senior Care. Senior Care hereby assumes all responsibility and obligation for the
preparation of Subsidy Reports, and the contracting, administration, allocation and collection of Medicare
Rebates under the Agreement as relates solely to the eligible utilization of Medicare Mem bers.
(e) Federal Funds. Senior Care hereby acknowledges. in accordance with 42 CFR
423.884(c)(3)(ii) that information provided to CMS in connection with the RDS Plan Sponsor Application is
for purposes of obtaining Federal funds.
(f) Certification. Senior Care certifies that the information it provides to Sponsor hereunder
and pursuant to the Agreement is accurate and complete. Senior Care agrees that it will assist the
Sponsor in complying with its obligation to disclose information to CMS as necessary for Sponsor to
obtain the subsidy.
3. Term. The term of this QR-PDP Addendum shall be coterminous with the Agreement.
145276v2 24
MEMORANDUM
Date:
November 21, 2008
To:
John Yonkosky, Budget Director
Management & Budget Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-332: Approving Amendments to
the Fiscal Year 2008-09 Adopted Budget
Attached, for your records, please find one (1) copy of the Resolution
referenced above, (Agenda Item #16Fl), adopted by the Board of County
Commissioners on Tuesday, November 18, 2008.
If you should have any questions, please call 252-8406.
Thank you.
Attachment (1)
16Fl
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original document~ should be hand delivered to the Board Ollicc. 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 intormation needed. !fthe document is already complete with the
exceution of the Chainnan's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approva], Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addrcssc.:s above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing lh.: Bee Chaimlan's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff John Yonkosky Phone Number 252-8088
Contact
Agenda Date Item was 11118/08 Agenda Item Number 16F'
Aooroved bv the BCC
Type of Document Resolution OQ-330 Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
tnitial the Yes column or mark "N/A" in the Not Appiicable column, whichever is
a ro riate.
Original document has been signed/initialed for legai sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages Irom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the dale of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs aTe 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 f()rwarding 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 11/18/08 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.
Yes
(Initial)
Yes
N/A(Not
A lieable)
2.
3.
4.
5.
6.
N/A
Yes
Yes
Yes
Yes
]: Fonns/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2,24.05
16Fl
RESOLlTIOI\ NO. 08- 3 3 2
A RESOLliTION PLRSlJANT TO SECTION 129.06(2), FLORIDA STATUTES,
TO HIEND THE BI'DGET FOR THE 2008,09 FISCAL YEAR.
...
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any
lime within a fiscal year may amend a budget fOT that year, and provides the procedures therefore: and
WHEREAS, the Board oreounty Commissioners of Collier County, Florida, has receivl:d copies of budget amendments which provide for but are not
limited to: revenue from grants, donations or contributions, or insurance proceeds for a designated purpose: and
Florida Statutes.
WHEREAS, the Board has determined that it is appropriate LO amend the Uudget for Fiscal Year 2008-09 by resolution pursuant to Section 129.06,
NOW, THEREFORE, BE ['I' RESOLVED BY THE BOARD OF COUNTY COMM1SS10NLRS OJ. COl.L1ER COUNTY. FLOR[DA, that the budget
amendments to the FY 2008-09 Budget described below are approved and hereby adopted and the FY 2008-09 Budget is so amended.
BUDGET INCREASE [NCRFASE
AMENDMENT (DECREASE) (DLCREAS1C1
FUND NUMBER RECEIPT EXPEND[TURE
117 09-043(] 0/28108-16D 14) $80.000 $80,000
118 09-027( 1 0/28108-] 61'2) ($4,2741 1$4,274)
123 09-053( 1 0/28108-16023) $43.255 $43.255
123 09-054( 1 0/28108-16D] 6) $323,9[1 $323,9] 1
306 09-052( 10/28/08-16D251 $400,000 $400,000
3t3 09-05 [( 1 0/28/08-16B3) $300,000 $300,000
426 09-037( 1 0/28/08- [6B5) $95,175 $95.175
426 09-040( [0/28108-16B7) $204,3Y5 $204.395
427 09-036( 1 0/28108-16B6) $59,400 $59,400
49[ 09-026(10/28/08- ]61'11 $70,111 $70.11 ]
INCREASE
(DECREASE)
RESERVES
EXPLANATION FOR
APPROPR]AT10N
Recognize funds from Boater Study Program Grant.
Recognize a shortfall in anticipated funds from an EMPA Grant.
Recognize USDA Nutrition Services Incentive Program.
Recognize funds from US DepI. of Health & Human Services Gran!.
Recognize funds from Florida Boater Improvement Grant.
Recogni:t.c Florida DepI. ofTran~portation Grant.
Recognize Florida DepI. of Transportation Grant.
Recognize Florida Dept. of Transportation Grant.
Recognize Transportation Disadvantaged Grant.
Recognize funds from Florida DOH County (irant.
record in his office.
BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent
This Resolution adopted this 18th day of November, 2008- after motion, second and majority vott:.
ATTEST:
DWIGHT E. BROCK, CIc'rk
".
BA ~
stlllllta 0lII1~.,,' .."
~:w72ZL
Jeffrey A. Klatzkow, County Attornt:y
-1-
16F2
MEMORANDUM
DATE:
December 10, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE:
Contract: 2009 Tourism Agreement
Agency: OMMAC, Ltd.
Enclosed, please find two (2) copy, referenced above (Agenda Item #16F2)
approved by the Board of County Commissioners on Tuesday, November
18,2008.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
ITEM NO.:
oo.Ou}:}~AJ!.'~...' .... C. EIV~6 F 2.
I V t l A I I Off" In!"
IFV C. r
~"!
~~ki DEe -9 ~f~ 3: 3'
FILE NO.:
ROUTED TO: D g-,PRc - ololf 'I
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
la-q~D8.
(1Y13- \,~//
plb .OD~
Date: December 5, 2008
To: Assistant County Attorney
Colleen Greene
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
~
Re: Contract: "2009 Tourism Agreements"
Agency: OMMAC, Ltd.
BACKGROUND OF REQUEST:
This agreement was approved by the BCC on Nov mber 18,
2008, Agenda Item 16.F.2
This item was previously submitted.
ACTION REQUESTED:
Agreement review and approval.
OTHER COMMENTS:
Colleen, please forward to the BCC for signature after approval. If
there are any questions concerning the document, please contact me. Thank
you.
MEMORANDUM
16F2
TO:
Ray Carter
Risk Management Department
DATE:
Lyn M. Wood, C.P .M., Contract Specialist ~
Purchasing Department V"'"~
December 5, 2008
FROM:
RE:
Review Insurance for Contract: "Representation Agreement for
International Marketing Representation Services"
Agency: OMMAC, Ltd.
This agreement was approved by the BCC on November 18, 2008, Agenda
Item 16.F.2
Please review the Insurance Certificate for the above referenced agreement.
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 2667.
dod/LMW
C: Jack Wert, Tourism
lATE RECEIVED
DEe. 082008
R15K.~.. ~
tr \~q\of;
, ,
16F21
REPRESENTATION AGREEMENT
This is a representation agreement for Collier County Board of County Commissioners,
hereafter referred to as the COUNTY and OMMAC, Ltd, a registered company in
England and Wales, UK, registration number 04967240 and tax ID number 01 AT)
851351639 hereafter referred to as OMMAC for representation services on behalf of the
COUNTY in the United Kingdom and Ireland.
The purpose of this agreement is to generate more awareness and tourism business from
the above mentioned market places for the COUNTY. Activities will be executed in
accordance with the agreed upon plan and related budget.
LIAISON AND REPORTING
LIAISON
OMMAC, Ltd. will coordinate directly with the assigned members of staff within the
COUNTY's Tourism Department office in Naples, Florida that operates as the Naples,
Marco Island, Everglades Convention & Visitors Bureau (CVB).
REPORTING
Monthly reports will be submitted to the CVB Executive Director by the 10th of the
month following the activity outlining activities per country with future activities
projected and market overviews.
FEES AND EXPENSES
The retainer fee for activities for The COUNTY is agreed at US $10,000 per month
commencing October 1, 2008 through September 30,2009 and shall by billed quarterly
in advance by OMMAC. The annual cost of this agreement shall not exceed US $200,000
including US $120,000 in service fees (retainer) and $80,000 in travel and other related
expenses. Additional expenditures must be authorized by the COUNTY by written
Change Order to this agreement executed by the parties.
Administrative and office costs are included in the above mentioned retainer fee - these
costs win include: stationery; insurance and rent for the sales office. The retainer fee does
not include the cost of: communication; postage / mailings related to the promotion of the
COUNTY; travel by car, train, or air for regular sales calls to agents and operators,
educational trips and trade shows as agreed in the marketing plan attached to this
agreement or by the Executive Director. The retainer fee does not include the cost of
airfares or any travel in addition to the agreed upon sales calls activity in the marketing
plan attached to this agreement.
1
, .
16F2
The retainer fee is agreed to at the exchange rate of 1 BP = $1.65 US. Should the
exchange rate fluctuate more than 10% in any given quarter, the retainer fee will be
renegotiated commencing the next quarter.
The cost of travel, entertainment, conversion fees, wire fees and any other bank related
charges for conversion of US dollars to GB pounds will be billed separately to the
retainer fees in arrears, after approval by the Executive Director at the then current
exchange rate on the date of invoice. The travel and additional expenses invoice win be
converted into US dollars and paid in US dollars.
SERVICES
1. OMMAC and the COUNTY through the Naples, Marco Island, Everglades
Convention & Visitors Bureau (CVB) shall develop a joint marketing plan.
Adjustments to that plan and budget shall be made upon consent in writing by
each of the parties to this agreement.
2. The following activities shall be performed by OMMAC on behalf of the
COUNTY as a part of this agreement:
a. Participate in trade shows and events in the UK and Ireland.
b. Create and distribute regular communication and destination updates to
tour operators, travel agents and media.
c. Participate in and conduct familiarization trips as needed to Collier County
for travel trade and media representatives.
d. Organize and conduct training programs and sales calls to travel trade in
the UK and Ireland
e. Assist CVB and its marketing partners and agencies with trade and
consumer promotions and all UK and Ireland advertising activities and co-
operative programs.
f. Represent the CVB at major trades shows in the UK and Ireland such as
Wodd Travel Market
g. Fulfill requests for destination information from consumers and trade
utilizing both UK and Florida mailing facilities
h. Manage and forward where appropriate travel trade and media leads to
CVB staff.
1. Develop and fulfill requests from media for destination information and
organize and coordinate with the CVB Public Relations staff periodic
familiarization trips for journalists
J. Maintain close working relationships with Visit Florida, Travel Industry
Association (TIA), Association of British Travel Industry (ABT A) and
other tourism trade associations.
TERMS
2
16F2
Once this agreement has been made, it shall subsist for a minimum of one year. This
agreement may be renewed for three (3) additional one (1) year renewals. The COUNTY
shall give OMMAC written notice of the County's intention to extend the Agreement
term no less than ten (10) days prior to the end of the Agreement term then in effect.
Fees and expenses will be negotiated at the time of renewal.
Payment of retainer fee shall be made for each moth in advance upon receipt of OMMAC
invoice. Travel expenses win be reimbursed in accordance with Chapter 218, Florida
Statutes, also known as the ''Local Government Prompt Payment Act", upon receipt of a
proper invoice and backup. Payment shall be made by wire transfer.
Any termination of this Agreement shall be without prejudice to any outstanding
liabilities accrued or arising under this Agreement. In the event of cancellation, fees shall
accrue on a daily basis up to the termination of the period of notice.
Payment is due in accordance with Chanter 218, Florida Statues, also known as the
"Local Government Prompt Payment Act".
Invoicing: The Purchase Order Number must be referenced on each invoice. If omitted,
the invoice will be returned to OMMAC. Billing problems and concems should be
directed to the Tourism Department, 3050 N. Horseshoe Drive, Naples, FL 34104.
Payment will be made upon receipt of a proper invoice with appropriate documentation.
Partnership: Nothing herein contained shall create or be construed as creating a
Partnership between the COUNTY and OMMAC or to constitute OMMAC as an agent
of the COUNTY.
No Improper Use: OMMAC 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 new in effect or thereafter
enacted of adopted. In the event of such violation by OMMAC or if the COUNTY or its
authorized representative shall deem any conduct on the part of OMMAC to be
objectionable or improper, the COUNTY shall have the right to suspend the contract of
OMMAC within twenty four (24) hours after receiving notice of such violation, conduct
or practice, such suspension to continue until the violation is cured. OMMAC further
agrees not to commence operation during the suspension period until the violation has
been corrected to the satisfaction of the COUNTY.
Prohibition of Gifts: No organization or individual shall offer of 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 Ill, 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
3
, .
16F2
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 by not limited to: submitting
bids, RFP, and/or quoted; and c. immediate termination of any contact held by the
individual and/or firm for cause.
Termination: Should OMMAC be found to have failed to perform services in a manner
satisfactoty to the COUNTY as per this Agreement, the County may terminate said
agreement immediately for cause; further the COUNTY may terminate this Agreement
for convenience with a seven (7) day written notice. The COUN1Y shall be the sole
judge of non-performance. OMMAC may terminate with a written three (3) month
notice.
Notices: All notices form the COUNTY to OMMAC shall be deemed duly served if
mailed or faxed to OMMAC at the following address:
OMMAC, Ltd.
PO Box 316
West Malling
Kent
ME195WQ
UK
AnN: OonaghMcCullagh
All notices from the COUNTY to OMMAC shall be deemed duly service if mailed or
faxed to:
Collier County Government Center
Purchasing Department- Purchasing Building
3301 Tamiami Trail, East
Naples, FL 34112
AnN: Steve Camell
OMMAC and the COUNTY may change the above mailing addresses at any time upon
giving the other party written notification. All notices under this agreement must be in
writing.
Indemnification: To the maximum extent permitted by Florida Law, OMMAC 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 attorney's
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct ofOMMAC or anyone employed or utilized by OMAC in
the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights of remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
4
16f2
This section does not pertain to any incident arising from the sole negligence of the
COUNTY.
Subject to Appropriation: It is further understood and agreed by and between the
parties herein that this agreement is subject to appropriation by the Collier County Board
of County Commissioners.
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.
Venne: 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.
ABeement 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
DisDute Resolution: Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval.. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval.. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
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.
5
I
,
t
.1
16F2
Insurance: OMMAC shaH provide insunmce as follows:
General Liability coverage in limits of US $500,000 per occurrence for bodily injury and
property damage written under a policy fonn which is substantially equivalent to the
latest Insurance Services Office (United States) fonn.
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16Gl
MEMORANDUM
Date:
November 19,2008
To:
Jean Jourdan
CRA Project Manager
4069 Bayshore Drive
Naples, Florida 34112
From:
Ann Jennejohn, Sf. Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16Gl: Agreement to purchase two
residential lots in the Bayshore area as part of a eRA
Residentiallnfill Project with Florida Real Estate Services
Site address: 3029 & 3037 Lunar Street
Attached, is an original Agreement for Sale and Purchase for the above
referenced project (Agenda Item #16Gl) approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
After processing please return the original agreement to the Minutes &
Records Department so it may be kept as part of the Board's permanent
record.
lfyou should have any questions, please contact me at 252-8406.
Thank you,
u IBAYSHORE
. G,\TEWY
I .1\; TRIANGLE
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November 19, 2008
RE: purchase of3029 3037 Lunar St.
Attached is:
An Agreement for signature by the CRA Chairman.
The item request was approved on November 18, 2008, Agenda Item #16 01.
Thank you.
Jean Jourdan
Project Manager
. ,oj'" Bayshore/Oateway Triangle
CRA
Phone 643-1115
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1661
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into this 18th day of November 2008 by and
between Florida Real Estate Services Inc., whose address is 7030 Sugar Magnolia
Circle, Naples, FI 34109-7832 (hereinafter referred to as "Seller"), and COLLIER
COUNTY COMMUNITY REDEVLOPMENT AGENCY, whose address is 3301 Tamiami
Trail East, Naples, FL 34112, (hereinafter referred to as "Purchase!").
WITNESSETH
WHEREAS, Seller is the owner of those certain parcels of real property located at 3029 ft--
& 3037 Lunar Street (hereinafter referred to as "Property"), located in Collier County,
State of Florida, and being more particularly described in Exhibit "A", attached hereto
and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the Purchase Price and upon the terms and
conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser
shall purchase from Seller the Property described in Exhibit "A".
1.02 Seller's offer to sell the Property as represented by the Agreement
will remain in effect without revocation until 5:00 p.m. on November 18,2008.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be NINETY
THOUSDAND DOLLARS ($90,000), (U.S. Currency) payable at time of closing. llt
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before NINETY DAYS (90) days
following execution of this Agreement by the Purchaser, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marl<etable title free of any liens, encumbrances,
exceptions, or qualifications. Marl<etable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) the lien for current taxes and assessments, not yet due and payable.
(b) easements, restrictions or conditions of record.
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1661
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Intemal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Intemal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 Funds in an amount equal to the Net Cash Due to Seller on the
Closing Statement. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Net Cash to Seller and to
issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of a title commitment and the Owner's Form
8 Title Policy issued pursuant to the commitment, as provided for in Section 4.011
below, shall be paid by Purchaser. Purchaser shall pay for the cost of recording
the Warranty Deed.
3.03 Real Property taxes shall be prorated based on the current year's tax with
due allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. If the title commitment discloses any defects
affecting the insurability or martc:etability of the Property, other than liens
evidencing monetary obligations to be paid at closing, and which are not
acceptable to Purchaser ("Title Defects"), Purchaser shall have thirty (30)
days, following receipt of the title insurance commitment, to notify Seller in
writing of its objection to title.
4.012 Upon notification of Purchaser's objection to title, Seller shall have thirty
(30) days to remedy any Title Defects, except for liens or monetary obligations
which will be satisfied at Closing. Seller, at its sole expense, shall use its best
2
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1661
efforts to make such title good and marketable. In the event Seller is unable to
cure said objections within said time period, Purchaser, by providing written
notice to SeUer within seven (7) days after expiration of said thirty (30) day
period, may either: (a) accept title as it then is, waiving any objection; (b)
extend the amount of time Seller has to remove the Title Defects; (c) accept
the title as it is with a mutually agreed-upon reduction in the Purchase Price;
or (d) terminate the Agreement. A failure by Purchaser to give written notice of
its election within the time period provided herein shall be deemed to be a
waiver of the Title Defects and acceptance of title.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. If the Purchase Price is based on a total acreage amount set forth in
Exhibit "A," and a survey reveals a difference in total acreage in excess of 5%
of the overall acreage, the Purchase Price shall re-calculated based on the
actual acreage as revealed by the survey. If the survey provided by Seller or
obtained by Purchaser, as certified by a registered Florida surveyor, shows:
(a) an encroachment onto the property; or (b) that an improvement located on
the Property projects onto lands of others, or (c) lack of legal access to a
public roadway (hereinafter "Title Defects"), the Purchaser shall notify the
Seller in writing of such encroachment, projection, or lack of legal access, and
Seller shall have the option of curing said Title Defect within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. If Seller is unable or elects not to cure the Title Defects within this
time period, Seller shall notify Purchaser in writing. After receipt of such
notice, Purchaser may accept the Property as it is, waiving any objection
hereunder, or terminate the Agreement. Purchaser will notify Seller of its
election in writing and within seven (7) days. A failure by Purchaser to give
written notice of termination as provided herein shall be deemed an election by
Purchaser to accept the Property as it is.
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety days (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal or excessive drainage or environmental requirements to
the development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to terminate this Agreement,
without penalty. If Purchaser fails to notify the Seller in writing within the
Inspection Period, it shall be deemed that the Purchaser is satisfied with the
results of its investigations and the contingencies of this Article V shall be deemed
waived.
5.03 Purchaser and its agents, employees and servants, at their own risk and
expense, shall have the right to go upon the Property for the purpose of surveying
and conducting site analyses, soil borings and all other necessary investigation
and physical inspection. Seller shall be notified by Purchaser of any such
investigations or tests no less than forty-eight (48) hours prior to any inspection of
the Property.
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1661
VI. POSSESSION
6.01 Purchaser shall be entitled to full possession of the Property at Closing.
VII.APPRAISAL PERIOD
7.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine
the value of the Property pursuant to the requirements of Florida statutues
125.355.
7.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within
thirty (30) days from the expiration of the Appraisal Period, written notice of
its intention to waive the applicable contingencies or to terminate this
Agreement. If Purchaser fails to notify the Seller in writing of its specific
objections as provided, herein, it shall be deemed that the Purchaser is
satisfied with the results of its investigation and the contingencies of this
Article VII shall be deemed waived. In the event the Purchaser elects to
terminate this Agreement copies of the appraisal reports shall be furnished
to the Seller.
VIII. RISK OF LOSS AND CONDITION OF PROPERTY
8.01 Seller assumes all risk of loss or damage to the Property prior to Closing and
warrants that the Property shall be transferred and conveyed to Purchaser in the
same or essentially the same condition as of the Effective Date of this Agreement,
ordinary wear and tear excepted. If the condition of the Property is altered by an
act of God or other natural force beyond the control of Seller, or by the intentional
or negligent acts of third parties, Purchaser may elect to terminate this
Agreement, in which event neither party shall thereafter have any further
obligations under this Agreement.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by gMng written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as SeIler's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by gMng written
notice thereof to Purchaser, whereupon one percent (1%) of the Purchase Price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that
said amount of liquidated damages was reasonably determined by mutual
agreement between the parties, and said sum was not intended to be a penalty.
9.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sulTicient
4
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1661
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
9.04 Should any litigation or other action be commencecl between the parties
conceming the Property or this Agreement, the part prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attomey's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
X. SELLER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller intends for Purchaser to rely on the following representations and
hereby warrants the performance and accuracy of these representations:
10.011 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained by Seller certified copies of
such approvals shall be delivered to Purchaser at Closing, if requested.
10.012 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
govemmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect SeIler's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.013 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.014 Until Closing, so long as this Agreement remains in force and effect,
Seller shall not encumber or convey any portion of the Property or any rights
therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the
written consent of Purchaser, which consent may be withheld by Purchaser for
any reason whatsoever.
10.015 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.016 Seller has no knowledge that the Property and Seiler's operations
conceming the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
5
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1661
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulations.
10.017 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property .
10.018 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or govemmental
investigations or requirements, formal or informal, existing or pending or
threatened which affect the Property or which could result in a charge or
expense upon or related to the Property which has not been disclosed to
Purchaser in writing prior to the effective date of this Agreement.
10.019 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated herein and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the Effective Date up to and
including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would change the zoning or physical
condition of the Property or the govemmental ordinances or laws governing
same. Seller also agrees to notify Purchaser promptly of any change in the
facts contained in the foregoing representations and of any notice or proposed
change in the zoning, or any other action or notice, that may be proposed or
promulgated by any third parties or any govemmental authorities having
jurisdiction of the development of the property which may restrict or change
any other condition of the Property.
10.020 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attomey's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.021 Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
10.02 The warranties set forth in this Article are true as of the Effective Date
of this Agreement and as of the date of Closing. Purchaser's acceptance of
a deed to the Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller
contained in this Agreement.
10.03 At the Closing, Seller shall deliver to Purchaser a swom statement
reasserting these representations as of the Date of Closing.
6
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16&1
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing and sent by facsimile
transmission, hand delivered or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
BayshorelGateway Triangle
c/o 4069 Bayshore Drive
Naples, FI 34112
With a copy to:
Jeff Klatzkow, County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamimai Trail East
Naples, FI 34112
If to Seller:
Florida Real Estate Services Inc.
7030 sugar Magnolia Circle
Naples, FI 34109
With a copy to:
11.02 The information in Section 11.01 may be changed by either party by giving
written notice of such change to the other party in the manner provided herein.
Any such change will not be effective unless and until written notice is given in
accordance with this Article.
11.03 Any communication shall be deemed to be given if addressed in
accordance with Section 11.01 and upon actual receipt in the case of hand
delivery or facsimile transmission or three (3) business days after depositing the
communication in a letter box or delivering into the possession of the United
States Postal Service. Any transmission which is received after 5:00 p.m. EST
(or Daylight's Savings Time, as applicable) shall be deemed given on the following
business day.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless frorn
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
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16G1
13.02 This Agreement will be effective as of the date this Agreement is executed
by the last signing party and shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustee, and assignees whenever the context so requires
or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.06 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.07 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Community
Redevelopment Agency. Consequently Seller agrees that this offer is irrevocable
and will remain open until November 18, 2008.
13.08 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall execute a public disclosure affidavit prior to Closing, which
shall identify every person having a beneficial interest in the Property, in
accordance with s. 286.23, Fla. Stat..
13.09 This Agreement is govemed and construed in accordance with the laws of
the State of Florida.
13.10 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. The recitals are true and are
incorporated herein and made a part of this Agreement.
13.11 TIME IS OF THE ESSENCE in this Agreement.
B
~
1661
EXHIBIT "A"
Lot 89 & 90, Lake Kelly, Unit 2, in accordance with and subject to the plat ~
recorded in Plat Book 3, Page 93, Public Records of Collier County.
Folio Identification # 53352880006
Folio Identification # 53352920005
9
\v
AS TO SELLER:
DATED: 10- /0-06
WITNESSES:
;.;
(Printed Name)
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I ( :iig~'!tur~1J (l ,
.SJ..\-t a t- _ t:+ 4f (I,d>"
(Printed Na e)
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT E. BROCK, Clerk
1: j . ~ .."f,...."
~: ~'.~~~~.Clerk
v J M1lQ\ It tCt CIli'InNIi'
.tot..' oaf.. -'. ·
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Approved as to form and
legal sufficiency:
Uro
eidi Ashton-C:,~ko
Assistant Coumy Attorney
~
16Gl
t
~
BY:
~lieI
!;e);U
Robert Garcia, Registered agent of
Florida Re al Estate services~c.
;, " L.,a.ro'7eJ. ~~{ Est<; . J-,rd /:::.eN
'''' -rt..e.- S'+o.../.e;,.p Flori (,l
BY:
Printed Name
COLLIER COUNTY COMMUNITY
REDEVLOPMENT AGENCY
BY @"." _.L~
DON A FIALA, Chairman
Item# \lR ~'J-
Agenda I\~()JI\~
Dam ~D
Date. \\~I.:f.f\, Q
Rec'a .u:s:r:uO
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16G2
MEMORANDUM
Date:
November 19,2008
To:
Jean Jourdan
CRA Project Manager
4069 Bayshore Drive
Naples, Florida 34112
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16G2: Purchase of a residential
property located in the Bayshore Gateway Triangle
Area and the demolition of the site structures after closing.
Site address: 2515 Becca Avenue
Attached, is an original Agreement for Sale and Purchase for the above
referenced project (Agenda Item #16G2) approved by the Board of County
Commissioners on Tuesday, November 18,2008.
After processing please return the original agreement to the Minutes &
Records Department so it may be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8406.
Thank you,
I'~ IBAYSHORE
G,n,TEW.Y
.k .. TRIANGLE
EEl83 o~ML~.
1662
eRA Board
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Flank Halas
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6.Q,,!..I~Q!.Y,
Board
Chairman
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Run fowle
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William Mears
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eRA Staff
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Director
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(,,')OnJlnalOI
November 19, 2008
RE: purchase of2515 Becca Ave
Attached is:
An Agreement for signature by the CRA Chairman.
The item request was approved on November 18, 2008, Agenda Item # 16 02.
Thank you.
Jean Jourdan
Project Manager
Bayshore/Oateway Triangle
eRA
Phone 643-1115
2740 Bayshore Dflve Unit)? . Naples, flonda 34112
D :239i 643 '1; 1 ,i) " F (23U) / ?5~45C
www.colllercfa.com
16G2
AGREEMENT FOR SALE AND PURCHASE
(FOR RESIDENTIAL LOTS FOR CRA WITH IMPROVEMENTS)
(WHERE IMPROVEMENTS WILL BE REMOVED)
THIS AGREEMENT is made and entered into this 18th day of November, 2008 by and
between American Home Mortgage Servicing, Inc., as limited power of attorney for
Deutsche Bank National Trust Company as Trustee for HIS Asset Securitization
Corporation 2007 -OPTI Mortgage Pass-Through Certificates, A Series 2007 -OPTI whose
address is 4600 Regent Boulevard, Suite 200, Irving, Tx., 75063-1730 (hereinafter
referred to as "Seller"), and Collier County Community Redevelopment Agency, whose
address is 3301 Tamiami Trial East, Naples Fl., 34112 (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller owns certain improved property located at 2515 Becca Ave., Naples,
Florida, and more particularly described in Exhibit "A" which is incorporated herein by
reference, together with all buildings, structures including improvements, fixtures, built-in
appliances, refrigerators, stove, dishwasher, washer, dryer, ceiling fans, floor coverings
and window treatments (hereinafter referred to as "Property"), and the personal property, if
any, as listed on the attached Exhibit "A", free from liens;
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of One Thousand Dollars
($1000.00), to be placed in escrow by the Purchaser within three (3) calendar days of the
execution of this agreement by the CRA Board of Directors which the receipt and
sufficiency of is hereby mutually acknowledged, it is agreed as follows:
.I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described in Exhibit "A".
1.02 Seller's offer to sell the Property as represented by this Agreement will remain
in effect without revocation until November 18, 2008.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be NINETY
NINE THOUSDAND DOLLARS ($99,000), U.S. Currency payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING")
of the transaction shall be held on or before November 28, 2008, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with the
Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser the
1
InRial Seller
16G2
items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required by
the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification"
as required by the Internal Revenue Service.
3.0115 Such evidence of authority and capacity of Seller and its
representatives to execute and deliver this Agreement and all other
documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the
Purchaser or Title Company verifies that the state of the title to the
Property has not changed adversely since the date of the last endorsement
to the commitment, referenced in Section 4.011 thereto, and the Purchaser
or Title Company is irrevocably committed to pay the Purchase Price to
Seller and to issue the Owner's title policy to Purchaser in accordance with
the commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment
for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attomey's fees. Seller, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear Seller's
title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to
the Commitment provided for in Section 4.011 below, shall be paid by Purchaser.
The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and
paid by Seller. If Closing occurs at a date which the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent to
the Closing;
2
Initial Seller
16G2
4.011 Within ten (10) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any, which
obligations shall be paid at closing. If the title commitment contains exceptions
that make the title unmarketable, Purchaser shall deliver to the Seller written
notice of its intention to waive the applicable contingencies or to terminate this
Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections
in Seller's title in the manner herein required by this Agreement. the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller
shall have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such title
good and marketable. In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection; or Purchaser may terminate the Agreement. A failure by
Purchaser to give such written notice of termination within the time period
provided herein shall be deemed an election by Purchaser to accept the
exceptions to title as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change to
the total acreage referenced in Exhibit "A", if any. Seller agrees to fumish any
existing surveys of the Property, if any, to Purchaser within thirty (10) days of
execution of this Agreement.
4.014 Seller agrees that all tenants will vacate the Property prior to closing and
that the Property and all habitable structures will be free of garbage, debris or
personal property. The improvements on the Property shall be broom-clean and
in good condition. Buyer has the right to inspect all properties the day of closing
to confirm. Failure to convey properties by Seller as described in this paragraph
will cause delay of closing.
4.015 Buyer acknowledges the improvements on the property are being sold "as
is", but title shall be delivered free and clear of all liens and encumbrances.
V, APPRAISAL PERIOD
5.01 Purchaser shall until November 18, 2008 (Appraisal Period), to obtain the
required appraisal(s) in order to determine the value of the Property pursuant to the
requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the
independent appraisal(s), Purchaser shall deliver to the Seller within ten (10) days
from the expiration of the Appraisal Period, written notice of its intention to waive the
applicable contingencies or to terminate this Agreement. If Purchaser fails to notify
the Seller in writing of its specific objections as provided herein, it shall be deemed
that the Purchaser is satisfied with the results of its investigation and the
contingencies of this Article V shall be deemed waived. In the event Purchaser
elects to terminate this Agreement copies of the appraisal reports shall be furnished
to the Seller.
VI. INSPECTION PERIOD
3
Initial Se1ier
16G2
6.01 Purchaser shall have until 5:00 p.m., on November 18, 2008, ("Inspection
Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable contingencies
or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its
specific objections as provided herein within the Inspection Period, it shall be deemed
that the Purchaser is satisfied with the results of its investigations and the
contingencies of this Article VI shall be deemed waived. In the event Purchaser
elects to terminate this Agreement because of the right of inspection, Purchaser shall
deliver to Seller copies of all engineering reports and environmental and soil testing
results commissioned by Purchaser with respect to the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller on
account of any loss or damages occasioned thereby and against any claim made
against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser
no less than twenty four (24) hours prior to said inspection of the Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid
by Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement
by giving written notice of termination to Seller. Purchaser shall have the right to
seek and enforce all rights and remedies available at law or in equity to a contract
vendee, including the right to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the
right to terminate and cancel this Agreement by giving written notice thereof to
Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller
as liquidated damages which shall be Seller's sole and exclusive remedy, and
neither party shall have any further liability or obligation to the other except as set
4
1nilialSe1ler
1662
forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge
and agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties, and
said sum was not intended to be a penalty in nature.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attomey's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the Property
or any rights therein, nor enter into any agreements granting any person or entity
any rights with respect to the Property or any part thereof, without first obtaining
the written consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any reason
whatsoever.
11.017 Seller represents that there are no incinerators, septic tanks or cesspools
on the Property; all waste, if any, is discharged into a public sanitary sewer
system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
5
Inilia1Se1ler
16G2
into any body of water. Seller represents the Property has not been used for the
production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in applicable
laws and regulations, or any other activity that would have toxic results, and no
such hazardous or toxic substances are currently used in connection with the
operation of the Property, and there is no proceeding or inquiry by any authority
with respect thereto. Seller represents that they have (it has) no knowledge that
there is ground water contamination on the Property or potential of ground water
contamination from neighboring properties. Seller represents no storage tanks
for gasoline or any other substances are or were located on the Property at any
time during or prior to Seller's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or govemmental investigations
or requirements, formal or informal, existing or pending or threatened which
affects the Property or which adversely affects Seller's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Property which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would change the zoning or physical
condition of the Property or the govemmental ordinances or laws goveming
same. Seller also agrees to notify Purchaser promptly of any change in the facts
contained in the foregoing representations and of any notice or proposed change
in the zoning, or any other action or notice, that may be proposed or promulgated
by any third parties or any governmental authorities having jurisdiction of the
development of the property which may restrict or change any other condition of
the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be
6
1n~la1 Seller
1662
in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq., ("CERCLA" or "Superfund"), whieh was amended and upgradad by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
11.024 Seller has no knowledge of the existence of radon on the Property or any
radon mitigation having been performed on the Property.
11.025 Seller has no knowledge of any mold remediation having been performed
on the Property.
11.026 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given
to either party hereunder shall be in writing, sent by registered or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
4069 Bayshore Drive
Naples, Florida 34112
With a copy to:
Jeff Kaltzkow
County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail ease
Naples, Florida 34112
If to Seller:
American Home Mortgage Servicing, Inc.
4600 Regent Boulevard
Irving, TX 75063-1730
With a copy to:
12.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addresses or addressees
only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all
purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other person
or party claiming to have been engaged by Seller as a real estate broker, salesman
or representative, in connection with this Agreement. Seller agrees to pay any and
7
Initial Seller
16G2
all commissions or fees at closing pursuant to the terms of a separate agreement, if
any.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Collier County
Community Redevelopment Agency.
14.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in
the Property before Property held in such capacity is conveyed to Collier County. (If
the corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not
included in this Agreement or any such referenced agreements has been or is being
relied upon by either party. No modification or amendment of this Agreement shall
be of any force or effect unless made in writing and executed and dated by both
Purchaser and Seller. Time is of the essence of this Agreement.
s
Initial Seller
1662
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by
BCC:
AS TO PURCHASER:
DATED:~
ATTEST: .
DWIGHT E. B.ROCK;CI~rk
, ". . . '. .....~\,.
,
, .
COLLIER COUNTY COMMUNITY
REDEVELOP ENT AGENCY
~:~1~- ~4hfi;
11g1l1tn_I~.. . .
~,' '"
, . ,', \.~
j,,, ~ .:"
FIALA, Chairman
AS TO SELLER:
DATED:
WITNESSES:
(Signature)
BY:
American Home Mortgage Servicing,
Inc., as limited power of attorney for
Deutsche Bank National Trust Company
as Trustee for HIS Asset Securitization
Corporation 2007 -OPTI Mortgage Pass-
Through Certificates, A Series 2007-
OPTI
(Printed Name)
(Printed Name)
(Print Title)
(Signature)
(Printed Name)
9
Approved as to form and
legal sufficiency:
J~rL A [tQ
Heidi Ashton-Cicko
Assistant County Attorney
Initial Seller
16G2
EXHIBIT "A"
LOTS 26 AND 27 OF REBECCA WEEKS SUBDIVISION OF TRACT 41 OF NAPLES
GROVE AND TRUCK CO'S LITTLE FARM NO.2 ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 2 PAGE 81 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
Folio #81270840006
10
1n~ia1 Seller
16G2
Real Estate Purchase Addendum
REO# 0022333371
AMERICAN HOME MORTGAGE sERVICING,INC.
REAL ESTATE PURCHASE ADDENDUM
PART I SPECIFIC TERMS
This Real Estate Purchase Addendum ('Addendum") is to be made part of, and incorporated into, the Real Estate
Purchase Contract dated ' . ("Contract") between American Home Servicing, Inc. as limited power of attomey for
Deutsche Bank National Trust Company as Trustee for HSI Asset Securitization Corporation 2007 -OPT! Mortgage Pass-
Through Certificates, Series 2007-OPTI. ("Seller") and the Collier County Community Redevelopment Agency ('Buyer") for
the property and improvements located at the following address: 2515, BECCA AVE, NAPLES, FL 34112 ("Property").
The Seller and the Buyer agree as follows:
Financial Tenms Acknowledgement: The financial tenms of the purchase and sale of the Property have been acknowledged
and conditionally accepted by the Seller as of on or before 11/0312008 (hereinafter the "Financial Terms Acknowledgement
Date") with a purchase price ("Purchase Price") of $99,000.00 . These financial tenms are set forth in the Financial Tenms
Acknowledgement, attached hereto as "Exhibit A" and made a part hereof. The Buyer acknowledges and agrees that the
Contract, this Addendum and the completed Financial Terms Acknowledgement shall together be referred to as the
"Agreement." The Buyers eamest money deposit of $1,000.00, in the form of certified funds (or other form of payment
approved in advance by Seller), along with the Agreement, signed by the Buyer, must be received by the Seller, or the
Seller's listing agent, within three (3) calendar days of the Financial Tenms Acknowledgement Date. If the Seller does not
receive the Agreement, signed by Buyer, and/or the eamest money deposit, by such date, the Agreement shall be null and
void. In addition, the Agreement shall be null and void if the Agreement, signed by Buyer, and/or the earnest money deposit,
is not received by the Seller before the Seller either unconditionally accepts a competing offer, or gives verbal or written
notice of revocation either to the Buyer, the Buyer'S agent or attorney, or the Sellers listing agent. Notwithstanding any verbal,
electronic or written statement or implication to the contrary, the Buyer acknowledges and agrees that the Agreement shall
not be binding on the Seller until approved by the Seller's management and signed by all parties to the Agreement. If
applicable, escrow shall be opened by both parties immediately following the Seller's execution of the Agreement, with an
escrow/closing agent acceptable to the Seller.
2. Financing : The Agreement is not contingent on the Buyer obtaining financing for the purchase of the Property. If the
Agreement is contingent on financing, the type of financing shall be the following (check one): Buyer initials
/ Cash
X Conventional - 20 days
X FHA-30 days
X Other
X VA - 30 days
X Financed - No Contingency
(a) If the Agreement is contingent on financing, the Buyer shall present proof, satisfactory to the Seller, of
the Buyer's full credit prequalification for a mortgage loan in an amount and under terms sufficient for
the Buyer to perform its obligations under the Agreement. The prequalification shall include, without limitation, a
certification of prequalification (or a mortgage loan commitment) from a direct mortgage lender and
a satisfactory credit report. The Buyers submission of proof of prequalification, satisfactory to the Seller,
is a condition precedent to the Sellers acceptance of the Agreement and failure of the Buyer to provide such proof
within three (3) calendar days of the Seller's execution of the, Agreement shall nullify the Sellers execution
of the Agreement and render the Agreement null and void. The Buyer shall apply for a loan in
the amount of with a term of years, prevailing rates, terms and conditions. The Buyer shall complete and submit to a
16G2
mortgage lender an application for a mortgage Joan containing the terms set forth in this paragraph within three (3)
calendar days of the Financial Terms Acknowledgement Date, and shall use diligent efforts to obtain a mortgage loan
commitment within the time frame as indicated in the Financing Type selected above. If, despite the Buyer's diligent
efforts, the Buyer cannot obtain a mortgage loan commitment by the specified date, then either the Buyer or the Seller
may terminate the Agreement by giving written notice to the other party. In the event of termination by Buyer, the Buyer's
notice to Seller must include a copy of the loan application, proof of the application date, and a copy of the denial letter
from the prospective lender. In the event of a proper termination of the Agreement by Buyer under this paragraph, the
eamest money deposit shall be returned to the Buyer and the parties shall have no further obligation to each other under
the Agreement. The Buyer agrees to cooperate and comply with all requests for documents and information from the
Buyer's chosen lender during the loan application process. Failure of the Buyer to comply with such requests from the
Buyer's chosen lender that results in the denial of the mortgage loan, or failure of the Buyer to provide proper notice to
Seller in the event of termination by Buyer, will be shall constitute a breach of the Agreement and render the Agreement
null and void, and the Seller shall be entitled to retain any earnest money deposited by Buyer. Cash Offer: If the
Agreement is not contingent on financing, Buyer shall provide Seller proof of liquid funds on deposit in the United States
sufficient to close this transaction. Such proof shall be provided within three (3) business days of the execution of the
Agreement and shall be subject to Seller's approval. Subject property shall remain on the market until such proof of
funds is accepted. Notwithstanding the terms provided in Section 8 for inspection of the Property, in the event of a
noncontingent cash offer, all inspections shall be completed and any notice of disapproval given within seven (7)
calendar days of the Financial Terms Acknowledgement Date. Buyers failure to notify Seller of any disapproval within
the time specified above shall be deemed acceptance by Buyer. Cash Offelll shall not be subject to any
contingency, unless specifically described in Section 6 of this Addendum. Buyer initials
(b) The Buyer is aware that the price and terms of this transaction were negotiated on the basis of the type of financing
selected by the Buyer. Any change as to the loan type, terms or a change in the Buyer's lender after negotiations have
been completed shall constitute a breach of the Agreement and render the Agreement null and void, and the Seller shall
be entitled to retain any earnest money deposited by Buyer nullify Sellers execution of the Agreement and require
renegotiation of all terms of the Agreement.
3. Time of the Essence: Closing Date:
(a)lt is agreed that time is of the essence with respect to all dates specified in the Agreement and any addenda, riders, or
amendments thereto. This means that all deadlines are intended to be strict and absolute.
(b)The closing shall take place on or before 11/28/2008 , or within five (5) calendar days of final loan approval by the
lender, whichever is earlier (which date is hereinafter referred to as the .Closing Date"), unless extended in writing
signed by the Seller and the Buyer or extended by the Seller under the terms of the Agreement. The closing shall be
held in the offices of the Seller's attorney or agent, or at a place so designated and approved by the Seller, unless
otherwise required by applicable law. If the closing does not occur by the Closing Date, the Agreement is automatically
terminated and the Seller shall retain any earnest money deposit as liquidated damages.
Buyer Initials
4. in the event Buyer requests an extension of the Closing Date or of the deadline for the fulfillment of any contingency, and the Seller
agrees to the extension, the Buyer agrees to pay to the Seller a per diem penalty of the greater of $ 50.00 or 1/10 of 1% of the
purchase price per calendar day towards Seller's carrying costs, through and including the Closing Date specified in the written
extension agreement. The per diem amount must be deposited with the closing agent at the time any request for extension is made.
The per diem amount shall be credited to Buyer on timely closing. If the sale does not close by the Closing Date specified in the
written extension agreement, the Seller may retain the earnest money deposit and the accrued per diem payment as liquidated
damages.
Buyer initials
5. The Buyer does not intend to use and occupy the Property as Buyer's primary residence.
6. Additional Terms or Conditions: ANY ALTERATIONS TO THIS REAL ESTATE PURCHASE ADDENDUM, WILL CAUSE
THIS ADDENDUM TO BECOME NULL AND VOID.
ANY ALTERATIONS TO THIS REAL ESTATE PURCHASE ADDENDUM WILL CAUSE THIS ADDENDUM TO
BECOMENULL AND YOID.
THIS IS A CASH TRANSACTION. BUYER TO PROV1DE SELLER WITH VERIFICATION OF FUNDS TO COMPLETE
SAID TRANSACTION. UPON EXECUTION OF SELLERS ADDENDUM, EARNEST MONEY DEPOSIT IS TO BE IN
THE FORM OF A CASHIERS CHECK OR CERTIFIED FUNDS MADE PAYABLE TO SELLERS CLOSING COMPANY,
PROOF OF FUNDS AND PURCHASE CONTRACT PROVIDED WITH SELLERS ADDENDUM.
CONTRACT IS SUBJECT TO CORPORATE REVIEW AND APPROVAL
7. Attachments:
16G2
8. Inspections:
(a) On or before 0 calendar days from the Financial Terms Acknowledgement Date,the Buyer shall have both
inspected the Property (or obtained for its own use, beneflt and reliance, third party inspections and/or reports on
the condition of the Property) and provided written notice to the Seller of any exceptions or objections observed
by Buyer to the condition of the Property (hereinafter "Exception Notice"). Unless otherwise noted in Section 6 of
this Addendum, the Buyer's failure to provide such Exception Notice to Seller within such ten (10) calendar day
period, shall be deemed a waiver by the Buyer of Buyer's right to Inspect the Property, a waiver by the Buyer of
any objections to the condition of the Property and acceptance by the Buyer of the condition of the Property AS
IS. The Buyer shall keep the Property free and clear of liens and indemnify and hold the Seller hannless from all liability
claims, demands, damages, and costs related to the Buyer's inspection and the Buyer shall repair all damages arising
from or caused by the inspections. The Buyer shall not directly or indirectly cause any inspections to be made by any
government building or zoning inspectors or government employees without the prior written consent of the Seller, unless
required by law, in which case, the Buyer shall provide reasonable notice to the Seller prior to any such inspection. If the
Seller has winterized this Property and the Buyer desires to have the Property inspected, the listing agent will have the
Property de - winterized prior to inspection and re - winterized after inspection. The Buyer agrees to pay this expense in
advance to the listing agent. The amount paid under this provision shall be nonrefundable.
After submission of Buyer's Exception Notice to Seller, and upon Seller's request, the Buyer shall provide to the Seller, at
no cost to Seller, complete copies of all inspection reports upon which the Buyer's Exception Notice is based. In no event
shall the Seller be obligated to make any repairs or replacements that may be indicated in the Buyer's Exception Notice.
The Seller may, at its sole discretion, make such repairs to the Property under the terms described in Section 9 of this
Addendum. If the Seller elects not to repair the Property, the Buyer may cancel the Agreement and receive all earnest
money deposited. If the Seller elects to make any such repairs to the Property, the Seller shall notify the Buyer after
completion of the repairs and the Buyer shall have five (5) calendar days from the date of notice of completion to inspect
the repairs and notify the Seller of any items disapproved. The Buyer's failure to notify Seller of any items disapproved
shall be deemed acceptance of the repairs.
In situations that are applicable, a structural, electrical, mechanical or tennite inspection report may have been prepared
for the benefit of the Seller. Upon request, the Buyer may review the report to obtain the same infonnation and knowledge
the Seller has about the condition of the Property, but the Buyer acknowledges that the inspection reports were prepared
for the sole use and benefit of the Seller. Buyer may not, and covenants and agrees that it will not, rely upon any such
inspection reports obtained by the Seller in making a decision to purchase the Property.
(b) If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, the
Buyer, at the Buyer's own expense, is responsible for obtaining and reviewing the covenants, conditions and restrictions
and bylaws of the condominium or planned unit development or cooperative within ten (10) calendar days of execution of
the Agreement by both parties pursuant to Section 1 hereof. The Seller agrees to use reasonable efforts, as detennined at
the Seller's sole discretion, to assist the Buyer in obtaining a copy of the covenants, conditions and restrictions and
bylaws. The Buyer will be deemed to have accepted the covenants, conditions and restrictions and bylaws if the Buyer
does not notify the Seller in writing, within fifteen(15) calendar days of execution of the Agreement, of the Buyer's objection
to the covenants, conditions and restrictions and/or bylaws.
9. Condition of Property: The Buyer understands and agrees that The Seller acquired the Property by foreclosure,
deed-in-lIeu of foreclosure, forfeiture, tax sale, right of Eminent domain or similar process and consequently, The
Seller has little or no direct knowledge concerning the condition of the Property. As a material part of the
consideration to be received by The Seller under the Agreement as negotiated and agreed to by The Buyer and
The Seller, The Buyer acknowledges and Agrees to accept the Property In "AS IS" condition at the time of
closing, including, without limitation, any hidden defects or environmental conditions, including the presence of
mold, affecting the Property, whether known or unknown, whether such defects or conditions were discoverable
through inspection or not. The Buyer acknowledges that The Seller, its agents and representatives have not
made, and The Seller specifically negates and disclaims, any representations, warranties, promises, covenants,
agreements. or guarantees, implied or express, oral or written, in respect to:
(a) The physical condition or any other aspect of the Property including the structural integrity or the quality or
character of materials used In construction of any improvements, availability and quantity or quality of water,
stability of the soil, susceptibility to landslide or flooding, sufficiency of drainage or any other matter affecting the
stability, safety or Integrity OF the Property or Improvements;
(b)The conformity of the Property or the improvements to any environmental, zoning, land use or building code
requirements or compliance with any laws, rules, ordinances or regulations of any federal, state or local
governmental authority, or the granting of any required permits or approvals, if any, of any govel6Jicd,s
which had jurisdiction over the construction of the original structure, any improvements and/or any remodeling of
the structure; and
(c )The habitability, marketability, profitability or fitness for a particular purpose of the Property or improvements,
including defects, apparent or latent, which now exist or which may hereafter exist and which, if known to Buyer,
would cause Buyer to refuse to purchase the property.
in the event the Property is affected by an environmental hazard, as determined by the Seller, either party may terminate
the Agreement. In the event the Seller decides to sell the Property to the Buyer and the Buyer agrees to purchase the
Property, the Buyer agrees to execute an indemnity and hold harmless agreement at closing, in a form acceptable to
Seller. In the event the Buyer elects not to execute the disclosure and release, at the Seller's discretion, the Agreement is
automatically terminated upon notice given to Buyer.
In the event the Seller has received official notice that the Property is in violation of building codes or similar laws or
regulations, the Seller may terminate the Agreement or delay the date of closing or the Buyer may terminate the
Agreement. In the event the Agreement is terminated by either Buyer or Seller pursuant to this Section g, any earnest
money deposit will be returned to the Buyer. If there is an enforcement proceeding arising from allegations of such
violations before an enforcement board, special master, court or similar enforcement body, and neither the Buyer nor the
Seller terminate the Agreement, the Buyer agrees (a) to accept the Property subject to the violations, and (b) to be
responsible for compliance with the applicable code and with orders issued in any code enforcement proceeding. Buyer
agrees to execute any and all documents necessary or required for closing by any agency with jurisdiction over the
Property. Buyer further agrees to indemnify the Seller from any and all claims or liability arising from the Buyer's breach of
this Section g of this Addendum.
The closing of this sale shall constitute acknowledgement by the Buyer that the condition of the Property is acceptable to
the Buyer at that time. The Buyer agrees that Seller shall have no liability for any daims or losses the Buyer or the Buyer's
successors or assigns may incur as a result of constnuclllon or other defects which defects that may now or hereafter exist
with respect to the Property.
The Seller is exempt from filing a disclosure statement as the Property was acquired through foreclosure, deed-in-Iieu of
foreclosure, forfeiture, tax sale, eminent domain or similar process. For Alaska transactions, the Seller and the Buyer have
previously executed a waiver of the disclosure provisions of Alaska statutes.
10. Repairs: All treatments for wood infesting organisms and other repairs will be completed by a vendor approved by the
Seller, and will be subject to the Seller's satisfaction only. If the Seller has agreed to pay for treatment of wood infesting
organisms, the Seller shall treat only active infestation. Neither the Buyer, nor its representatives, shall enter upon the
Property to make any repairs and/or treatments prior to closing without the prior written consent of the Seller . To
the extent that the Buyer, or Its representatives, makes repairs and/or treatments to the Property prior to closing,
the Buyer hereby agreas to release and Indemnify the Seller from and against any and all claims related in any
way to the repairs and/or treatments and further agrees to execute a release and Indemnification and provide
proof of liability Insurance naming Seller as a loss payee, both in a form acceptable to the Seller, prior to entry on
the Property and the commencement of any such repairs or treatments. The Buyer acknowledges that all repairs and
treatments are done for the benefit of the Seller and not for the benefit of the Buyer and that the Buyer has inspected or
has been given the opportunity to inspect repairs and treatments. Any repairs or treatments made, or caused to be made,
by the Seller shall be completed prior to the closing. Under no circumstances shall the Seller be required to make any
repairs or treatments after the Closing Date. The Buyer acknowledges that closing on this transaction shall be
deemed the Buyer's reaffirmation that the Buyer is satisfied with the condition of the Property and with all repairs
and treatments to the Property and waives all claims related to such condition and to the quality of the repairs or
treatments to the Property .Any repairs or treatments that Seller agrees to perform shall be performed for functional
purposes only and exact restoration of appearance or cosmetic items following any repairs or treatments shall not be
required. The Seller shall not be obligated to obtain or provide to the Buyer any receipts for repairs, or treatments, written
statements indicating dates or types of repairs and/or treatments or copies of such receipts or statements nor any other
documentation regarding any repairs and treatments to the Property. The Seller does not warrant or guarantee any
work, repairs, or treatments to the Property.
Buyer initials
11. Occupancy Status of Property: The Buyer acknowledges that neither the Seller, nor its representatives, agents or assigns,
has made any warranties or representations, express or implied, relating to the existence of any tenants or occupants at
the Property unless otherwise noted in Section 6 of this Addendum. The Seller, its representatives, agents or assigns,
shall not be responsible for evicting or relocating any tenants, occupants or personal property at the Property prior to or
subsequent to closing unless otherwise noted in Section 6 of this Addendum.
1662
The Buyer further acknowledges and agrees that (i) the Seller is not holding any security deposits from fomner or current
tenants and has no information as to such security deposits as may have been paid by the former or current tenants to
anyone, (ii) no sums representing such tenant security deposits shall be transferred by the Seller to the Buyer as part of
this transaction, and (iii) the Buyer hereby assumes all responsibility and liability for the refund of such security deposits to
the tenants pursuant to the provisions of applicable laws and regulations. All rents due and payable and collected from
tenants for the month in which closing occurs will be prorated according to the provisions of Section 13 of this Addendum.
The Buyer acknowledges that this Property may be subject to the provisions of local rent control ordinances and
regulations. The Buyer agrees that upon the closing all eviction proceedings and other duties and responsibilities of a
property owner and landlord, including, but not limited to, those proceedings required for compliance with such local rent
control ordinances and regulations, will be the Buyer's sole responsibility.
If this property is located in Alabama, Buyer understands that the Property may be subject to redemption by the prior
owner upon payment of certain sums and Buyer may be dispossessed of the Property. Buyer is advised to consult with an
attomey to fully understand the import and impact of the foregoing. Buyer agrees he shall have no recourse against Seller
in the event the right of redemption is exercised.
12. Personal Property: Items of personal property, including but not limited to, window coverings, appliances, manufactured
homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on
the Property, are not included in this sale or the purchase price unless the personal property is specifically described and
referenced in Section 6 of this Addendum. Any personal property at or on the Property may be subject to claims by third
parties and, therefore, may be removed from the Property prior to or after the Closing Date. The Seller makes no
representation or warranty as to the condition of any personal property, title thereto, or whether any personal property is
encumbered by any liens. The Buyer assumes responsibility for any personal property remaining on the Property at the
time of closing.
13. Closing Costs and Adjustments:
(a)The Buyer and the Seller agree to prorate the following expenses as of closing and funding: municipal water and sewer
charges, utility charges, real estate taxes and assessments, common area charges, condominium or planned unit
development or similar community assessments, co-operative fees, maintenance fees, and rents, if any. In detemnining
prorations, the Closing Date shall be allocated to the Buyer. Payment of special assessment district bonds and
assessments, and payment of homeowner's association or special assessments shall be paid current and prorated
between the Buyer and the Seller as of the Closing Date with payments not yet due and owing to be assumed by the
Buyer without credit toward purchase price. The Property taxes shall be prorated based on an estimate or actual taxes
from the previous year on the Property. All prorations shall be based upon a 3lHlay month and all such prorations shall be
final. The Seller shall not be responsible for any amounts due, paid or to be paid after the day prior to the Closing Date,
including, but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or
additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment
in the appraised value of the Property. In the event the Seller has paid any taxes, special assessments or other fees and
there is a refund of any such taxes, assessments or fees after closing, and the Buyer as current owner of the Property
receives the payment, the Buyer will immediately submit the refund to the Seller. If the Property is heated by, or has
storage tanks for fuel oil, liquefied petroleum gases or similar fuels, the Buyer will buy the fuel in the tank at closing at the
current price as calculated by the supplier.
Regardless of local custom or practice the Buyer shall pay any and all real estate transfer taxes due as a result of
the conveyance of the Property. The Buyer shall pay all other costs and fees incurred in the transfer of the
Property, including cost of any survey, title policy, escrow or closing fees and lender required fees, except as
expressly assumed by the Seller in the Financial Terms Acknowledgement.
(b)The Seller shall pay the real estate commission per the listing agreement between the Seller and the Seller's listing
broker. Buyer represents that Buyer is not a real estate licensee, nor is the real estate licensee representing Buyer related
to, or affiliated with Buyer, unless such relationship or affiliation has been disclosed to Seller.
14. Delivery of Funds: Regardless of local custom or practice, Buyer shall deliver all funds due the Seller from the sale by
wire transfer or in the fomn of cash, bank check, or certified check to the closing agent prior to delivery of the deed by the
Seller to the Buyer.
15. Certificate of Occupancy: If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector
certification, septic certification or any similar certification or permit ("Certificate of Occupancy") or any form of
improvement or repair to the Property to obtain such Certificate of Occupancy necessary for the Property to be occupied,
the Buyer understands that the Seller requires the Certificate of Occupancy to be obtained by the Buyer at the Buyer's
sole cost and expense. The Buyer shall make application for all Certificates of Occupancy within ten (10)!I~dgd~ of
the Financial Terms Acknowledgment Date. The Buyer shall not have the right to delay the closing due to the Buyer's
failure or inability to obtain any required Certificate of Occupancy. Failure of the Buyer to obtain and fumish the Certificate
of Occupancy shall be a material breach of the Agreement.
16. Delivery of Possession of Property: The Seller shall deliver possession of the Property to the Buyer at closing and funding
of sale. The delivery of possession shall be subject to the rights of any tenants or parties in possession per Section 11 of
this Addendum. If the Buyer alters the Property or causes the Property to be altered in any way and/or occupies the
Property or allows any other person to occupy the Property prior to closing and funding without the prior written consent of
the Seller, such event shall constitute a breach by the Buyer under the Agreement and the Seller may terminate the
Agreement and the Buyer shall be liable to the Seller for damages caused by any such alteration or occupation of the
Property prior to closing and funding and waives any and all claims for damages or compensations for improvements
made by the Buyer to the Property including, but not limited to, any claims for unjust enrichment.
17. Deed: The deed to be delivered at closing shall be a deed that covenants that grantor grants only that title which grantor
may have and that grantor will only defend title against persons claiming by, through, or under the grantor, but not
otherwise (which deed may be known as a Special Warranty, Limited Warranty, Quit Claim or Bargain and Sale Deed).
Any reference to the tenm "Deed" or "Special Warranty Deed" herein shall be construed to refer to such form of deed.
18. Defects in Title: If the Buyer raises an objeclllon to the Seller's title to the Property, which, if valid, would make title to the
Property uninsural1le, the Seller shall have the right unilaterally to tenminate the Agreement by giving written notice of the
tenmination to the Buyer. However, if the Seller is able to correct the problem through reasonable efforts, as the Seller
detenmines, at its sole and absolute discretion, prior to the Closing Date, including any written extensions thereof, or if title
insurance is available from a reputable title insurance company at regular rates containing affinmative coverage for the title
objections, then the Agreement shall remain in full force and the Buyer shall perform pursuant to the terms set in the
Agreement. The Seller is not obligated to remove any exception or to bring any action or proceeding or bear any expense
in order to convey title to the Property or to make the title marketable and/or insurable, and any attempt by the Seller to
remove such title exceptions shall not impose an obligation upon the Seller to remove those exceptions. The Buyer
acknowledges that the Seller's title to the Property may be subject to court approval of foreclosure or to mortgagor's right
of redemption. In the event the Seller is not able to (a) make the title insurable or correct any problem, or (b) obtain title
insurance from a reputable title insurance company, all as provided herein, the Buyer may tenminate the Agreement and
any earnest money deposit will be returned to the Buyer as the Buyer's sole remedy at law or equity.
19. Representations and Warranties:
The Buyer represents and warrants to the Seller the following:
(a) The Buyer is purchasing the Property solely in reliance on its own investigation and inspection of the Property and not
on any infonmation, representation or warranty provided or to be provided by the Seller, its servicers, representatives,
brokers, employees, agents or assigns;
(b) Neither the Seller, nor its servicers, employees, representatives, brokers, agents or assigns, has made any
representations or warranties, implied or expressed, relating to the marketability, insurability or condition of the Property or
the contents thereof, except as expressly set forth in Section 6 of this Addendum;
(c) The Buyer has not relied on any representation or warranty from the Seller regarding the marketability, insurability or
condition of the Property or the contents thereof, or the nature, quality, or workmanship of any repairs made by the Seller;
and
(d) The Buyer will not occupy, or cause or permit others to occupy, the Property prior to closing and funding and, unless
and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not
occupy or cause or permit others to occupy the Property after closing.
20. Waivers:
As a material part of the consideration to be received by The Seiler under the Agreement as negotiated and
agreed to by The Buyer and The Seiler, The Buyer waives the following:
(a) Ail rights to file and maintain an action against The Seiler for specific performance
(b) Right to record a lis pendens against the Property or to record the Agreement or a memorandum thereof In the
real property records;
(c) Right to invoke any other equitable remedy that may be available that, if invoked, would prevent The Seiler
from conveying the property to a third party Buyer:
16G2
(d) any and all claims arising from the adjustments or prorations or errors in calculating the adjustments or
prorations that are or may be discovered after closing;
(fl any remedy of any kind, including, but not limited to, rescission of the Agreement, other than as expressly
provided In section 21 of this Addendum, to which The Buyer might otherwise be entitled at law or equity whether
based on mutual mistake of fact or law or otherwise;
(g) trial by jury, except where such waiver is prohibited by law, in any litigation arising from or connected with or
related to the Agreement;
(h) Any claims or losses The Buyer may Incur as a result of construction on, repair to, or treatment of the
property, or other defects, which may now or hereafter exist with respect to the Property;
(i)Any right to avoid this sale or reduce the price or hold The Selier responsible for damages on account of the
marketability, insurability or condition of the Property, lack of suitability or fitness of the property for a particular
purpose, or defects, apparent or latent, In the property.
(j) Any claim arising from encroachments, easements, shortages in area or any other matter which would be
disclosed or revealed by a surveyor Inspection of the property or search of public records.
References to the .Seller. in this Section 20 of this Addendum shall include the Seller and the Seller's servicers,
representatives, agents, brokers, employees, or assigns.
In the event that the Buyer breaches or disregards, or attempts to disavow, any of the representations, warranties or
waivers described or contemplated under Section 19 or Section 20 of this Addendum, the Buyer shall pay all reasonable
attorneys fees and costs incurred by the Seller in (i) seeking reaffirmation or enforcement of any such representation,
warranty or waiver, or (ii) defending any action initiated by the Buyer for the purpose of or relating to any such breach,
disregard or disavowal, and the Buyer shall pay Five Thousand Dollars ($5,000.00) as liquidated damages for such
attempted or actual breach, disregard or disavowal, which amount shall be in addition to any liquidated damages held or
covered by the Seller pursuant to Section 22 of this Addendum.
Buyer Initials
21. Conditions to the Seller's Performance: The Seller shall have the right, at the Seller's sole discretion, to extend the
Closing Date or to terminate the Agreement if:
(a) Full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed
prior to the Closing Date or the mortgage insurance company exercises its right to acquire title to the Property;
(b) The Seller determines that it is unable or it is economically not feasible to convey title to the Property insurable by a
reputable title insurance company at regular rates;
(c) A third party having an interest in the property has requested that the servicing lender, or any other party, repurchase
the loan previously secured by the Property;
(d) Full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing or date set forth herein
for closing;
(e) Any third party, whether tenant, homeowner's association, or otherwise, exercises rights under a right of first refusal to
purchase the Property;
(I) The Buyer is the former mortgagor of the Property whose interest was foreclosed, or is related to or affiliated in any way
with the former mortgagor, and the Buyer has not disclosed this fact to the Seller prior to the Seller's acceptance of the
Agreement. Such failure to disclose shall constitute default under the Agreement, entitling the Seller to exercise any of its
rights and remedies, including, without limitation, retaining the earnest money deposit; or
(g) The Seller, at the Seller's sole discretion, determines that the sale of the Property to the Buyer, or any related
transactions, are sale of the Property to the Buyer, or any related transactions, is in any way associated with illegal activity
of any kind.
In the event the Seller elects to terminate the Agreement as a result of (a), (b), (c), (d), (e) or (g) above, the Seller shall
return the Buyer's earnest money deposit and the parties shall have no further obligation under the Agreement, except as
to any provision that survives termination pursuant to Section 27 of this Addendum.
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22. Remedies for Default:
(a)ln the event of Buyer's default, material breach or material misrepresentation of any fact under the terms of the
Agreement, the Seller, at its option, may retain the earnest money deposit and any other funds then paid by the Buyer as
liquidated damages and/or invoke any other remedy available at law or expressly set out in the Agreement, and the Seller
is automatically released from the obligation to sell the Property to the Buyer and
Neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Buyer for any
damages of any kind as a result of the Seller's failure to sell and convey the Property.
(b )In the event of Seller's default or material breach under the terms of the Agreement or if the Seller terminates the
Agreement as provided under the provisions of the Agreement, the Buyer shall be entitled to the return of the earnest
money deposit as Buyer's sole and exclusive remedy at law and/or equity. Any reference to a retum of the Buyer's earnest
money deposit contained in the Agreement shall mean a return of the earnest money deposit, less any escrow
cancellation fees applicable to the Buyer under the Agreement and less fees and costs payable for services and products
provided during escrow at the Buyer's request. The Buyer waives any claims that the Property is unique and the Buyer
acknowledges and agrees that return of its earnest money deposit adequately and fairly compensates the Buyer. Upon
return of the earnest money deposit to the Buyer under this Section 22(b), the Agreement shall be terminated, and the
Buyer and the Seller shall have no further liability, no further obligation, and no further responsibility each to the other and
the Buyer and the Seller shall be released from any further obligation each to the other in connection with the Agreement.
(c) The Buyer agrees that the Seller shall not be liable to the Buyer for any special, consequential, or punitive damages
whatsoever, whether in contract, tort (including negligence and strict liability), or any other legal or equitable principle,
including, but not limited to, any cost or expense incurred by the Buyer in selling or surrendering a lease on a prior
residence, obtaining other living accommodations, moving, storage or relocation expenses, or any other such expense or
cost arising from, or related to, the Agreement or a breach of the Agreement.
(d)Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute
consent to, waiver of, or excuse for, any different or subsequent breach.
(e)ln the event either party elects to exercise its remedies as described in this Section 22 of this Addendum and the
Agreement is terminated, the parties shall have no further obligation under the Agreement, except as to any provision that
survives the termination of the Agreement pursuant to Section 27 of this Addendum
23. Indemnification: The Buyer agrees to indemnify and fully protect, defend, and hold the Seller, its officers, directors,
employees, shareholders, servicers, representatives, agents, attomeys, tenants, brokers, successors or assigns, harmless
from and against any and all claims, costs, liens, loss, damages, attomey's fees and expenses of every kind and nature
that may be sustained by, or made against, the Seller, its officers, directors, employees, shareholders, servicers,
representatives, agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of:
(a)lnspections or repairs made by the Buyer or its agents, employees, contractors, successors or assigns;
(b )The imposition of any fine or penalty imposed by any govemmental entity resulting from the Buyer's failure to timely
obtain any Certificate of Occupancy or to comply with equivalent laws and regulations;
(c)Claims for amounts due and owed by the Seller for real property taxes, homeowner's association dues or assessment,
or any other items prorated at closing under Section 12 of this Addendum, including any penalty or interest and other
charges, arising from the proration of such amounts for which the Buyer received a credit at closing under Section 12 of
this Addendum;
(d)The Buyer or the Buyer's tenants, agents or representatives use and/or occupancy of the Property prior to closing
and/or issuance of required Certificates of Occupancy; or
(e )The breach by Buyer of any of the terms and conditions of the Agreement
24. Risk of Loss: In the event of fire, destruction, or other casualty loss to the Property after the Seller's acceptance of the
Agreement and prior to closing and funding, the Seller may, at its sole discretion, repair or restore the Property, or the
Seller may terminate the Agreement. If the Seller elects to repair or restore the Property, then the Seller may, at its sole
discretion, limit the amount to be expended. If the Seller elects not to repair or restore the Property, the Buyer's sole and
exclusive remedy shall be either to acquire the Property in its then condition at the Purchase Price with no reduction
thereof by reason of such loss, or terminate the Agreement and receive a refund of any earnest money deposit.
25. Eminent Domain: In the event that the Seller's interest in the Property, or any part thereof, shall have been taken by
eminent domain, or shall be in the process of being taken on or before the Closing Date, either party may terminate the
Agreement and the eamest money deposit shall be retumed to the Buyer and neither party shall h!e ~y €rt'r rights or
liabilities hereunder, except as provided in Section 27 of this Addendum.
26. Keys: Buyer is aware that the property may be on a master key system. Buyer is encouraged to re-key the property after
closing. Buyer agrees to hold Seller harmless regarding any theft or damage of personal property.
27. Survival: Delivery of the Deed to the Property to the Buyer by the Seller shall be deemed to be full performance and
discharge of all of the Seller's obligations under the Agreement. Notwithstanding anything to the contrary in the
Agreement, the provisions of Sections g, 10, 11, 13, 15, 16, 19, 20, 22, 23, 24, 25, and 27 of this Addendum, as well as
any other provision which contemplates performance or observance subsequent to any termination or expiration of the
Agreement, shall survive the closing, funding and the delivery of the Deed and/or termination of the Agreement by any
party and continue in full force and effect.
28. Title and Closing: Except where prohibited by law, t he providers of title and escrow/closing services shall be designated
by Seller. Seller shall pay for a Standard AL TA Homeowners policy of title insurance, if such policy is available for the
Property.
29. Severability: The invalidity, illegality or enforceability of any provision of the Agreement shall not affect the validity or
enforceability of any other provision of the Agreement, all of which shall remain in full force and effect.
30. Assignment of Agreement: The Buyer may not assign the Agreement. The Seller may assign the Agreement at its sole
discretion without prior notice to, or consent of, the Buyer.
31. Modification: No provision, term or clause of the Agreement shall be revised, modified, amended or waived, except by an
instrument in writing signed by the Buyer and the Seller.
32. Rights of Others: The Agreement does not create any rights, claims or benefits inuring to any person or entity, other than
Seller's successors and/or assigns, that is not a party to the Agreement, nor does it create or establish any third party
beneficiary to the Agreement.
33. Counterparts: The Agreement may be executed in any number of counterparts and each such counterpart shall be
deemed to be an original, but all of which, when taken together, shall constitute one agreement.
34. Headings: The titles to the sections and headings of various paragraphs of the Agreement are placed for convenience of
reference only and, in case of conflict, the text of the Agreement, rather than such titles or headings, shall control
35. Gender: Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to
include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to include the equivalent
pronoun of the other gender
36. Force Majeure: Except as provided in Section 24 to this Addendum, no party shall be responsible for delays or failure of
performance resulting from acts of God, riots, acts of war, epidemics, power failures, earthquakes or other disasters,
providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot
reasonably be circumvented by such party through use of alternate sources, workaround plans, or other means.
37. Attorney Review: The Buyer acknowledges that Buyer has had the opportunity to consult with its legal counsel regarding
the Agreement and that accordingly the terms of the Agreement are not to be construed against any party because that
party drafted the Agreement or construed in favor of any Party because that Party failed to understand the legal effect of
the provisions of the Agreement.
38. Notices: Any notices or other documents required to be given or delivered under the Agreement shall be deemed to have
been delivered when actually received in the case of hand or ovemight delivery, or five (5) calendar days after mailing by
first class mail, postage paid, or by fax with confirmation of transmission to the numbers below. All notices to the Seller will
be deemed sent or delivered to the Seller when sent or delivered to Seller's listing broker or agent or Seller's attorney, at
the address or fax number shown below on the signature page of this Addendum. All notices to the Buyer shall be deemed
sent or delivered and effective when sent or delivered to the Buyer or the Buyer's attorney or agent at the address or fax
number shown below.
39. Dispute Resolution: At the request of either party, any dispute arising under this Agreement shall be submitted to
mediation before resort to arbitration or court action. Mediation fees shall be divided equally and each party shall bear his
or its own attorney's fees and costs. Neither party may require binding arbitration prior to commencement of court action,
although the parties may mutually agree to such arbitration.
FINANCIAL TERMS ACKNOWLEDGEMENT
Final Contract Date:
AHMSI REO no.:
Buyer Name:
11/03/2008
0022333371
Collier County Community Redevelopment Agency
2515 Becca Ave, Naples, FI34112
11/2812008
$99,000.00
Cash
$1,000.00
$99,000
Property Address:
Planned Close of Escrow Date:
Sales Price
Financing Type:
Earnest Deposit:
Down Payment
Loan Amount (net);
Per Diem: $99.00
To be paid by Buyer to closer in advance of any written extensions by Seller
Requested Closing Costs Paid by Seller on Behalf of Buyer
(Limited to loan guidelines)
Orignation Fee:
Escrow:
Title Fee:
FHANA Allowable Costs:
Non FHANA Buyer Closing Costs/Prepaids:
Current Property Taxes:
Property Transfer Taxes:
Home Protection Policy:
Other
TOTAL:
By Buyer/Lender
Fumigation/Chemical only:
Tenmite Repairs:
Pest Report Fee:
Other
TOTAL:
Buyer(initials)
Seller(initials)
16G2
EXHIBIT A
CLOSER
Company Name: Morris Hardwick Schneider Dba LandCastle Title LLC
Phone: 813-249-9900
TITLE COMPANY
Company Name:
Phone:
BROKER INFORMATION
Listing Agent: Carter Wheeler
Company: Amerivest Realty
Selling Agent: Teddianne Wantz
Company:
Total Commissions: 6.0 %% or $5,940.00
Agent Bonus
BUYER(lnitials)
SELLER(lnitials)
16G2
Contact person: JeffreySandler
Fax: 813-249-9920
Contact person:
Fax:
Phone: 239-877-7626
Fax: 239-236-0332
Phone: 2392538458
Fax:
16G2
40. EFFECT OF ADDENDUM: THIS REAL ESTATE PURCHASE ADDENDUM AMENDS AND SUPPLEMENTS THE
CONTRACT AND, IF APPLICABLE, ESCROW INSTRUCtIONS. IN THE EVENT THERE IS ANY CONFLICT
BETWEEN THIS ADDENDUM AND THE CONTRACT OR ESCROW INSTRUCtIONS OR NOTICE OR OTHER
DOCUMENTS ATTACHED AND MADE A PART OF THE AGREEMENT, THE TERMS OF THIS ADDENDUM TAKE
PRECEDENCE AND SHALL PREVAIL. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW. The
undersigned, if executing the Agreement on behalf of a Seller and/or a Buyer that is a corporation, partnership, trust or
other entity, represents and warrants that helshe is authorized by that entity to enter into the Agreement and bind the
entity to perform all duties and obligations stated in the Agreement.
41. Entire Agreement: The Agreement, including the disclosure of information on lead based paint and/or lead based paint
hazards or tha Seller Disclosure and Release Addendum or other disclosure forms or notices required by law,
constitutes the entire agreement between the Buyer and the Seller concerning the subject matter hereof and supersedes
all previous communications, understandings, representations, ~nlies, covenants or agreements, either wrltten or
oral and there are no oral or other written agreernents ~ the Buyer and the Seller. No oral promises,
representations (expressed or implied), warranties or agreements made by the Seller and/or brokers or any person
acting on behalf of The Seller shatl be dHrl'Hld valid or binding upon the Seller, un.... exp.....ly Included in the
Agreement. All negotiations are merged Into the Agreement. The Seller Is not oblfgated by any other written or
onll statements or statements of financial terms statements made by the Seller, the Sellers representatives, or any real
estate licensee.
IN WITNESS WHEREOF, the Buyer and the Seller have entered into the Agreement as of the date first set forth above.
BUYER(S):Collier County Community Redevelopment Agency
SEt.LER: American Home Servicing, Inc. as limited
power of attorney for Deutsche Bank National Trust
Company as Trustee for HSI Asset Securitization
Corporation 2007-OPTI Mortgage Pass-Through
Certificates, Series 2007-OPTI.
BY:
..-. If.,,- dI.~
Address: 4069 B ysh()re DJi\I~. ~ap!l's, FI 34112
Date: ,', ". ''i!r:''
, c 'c. . It:Sr:
Social Security NQ:~'i ,~ DWIGHT E. BROCK, CLERK
Telephone: 239-6'43-1 'f11j ':".1
Fax: ,.' y'c"
Title:
Date:
I.> ....
"/", .
. /~.il, . ",U
Buyer's Agent: Teddlll Wantz .
Address:
Telephone: 239-253-8485
Fax:
ot...
)'
Attest n to Chlll"84l6l11ler's Agent: Carter WJ.1eeIer
1 aturt on I' Address: 10001 Taml8ml Tr., N., Naples, FI 34108
, Qn Telephone: 23g.a77-7626
Fax: 239-236-0332
Seller's Attorney:
Name:
Address:
Telephone:
Fax:
Buyer's Attorney:
Name:
Address;
Telephone:
Fax:
AP~ed"A legal sUffl~lency
"0< (tC)
~o mty A:ltornev
16G2
ADDENDUM "A"
FIRST ADDENDUM TO CONTRACT
ASSET NUMBER:
0022333371
Seller: American Home Servicing, Inc. as limited power of
attorney for Deutsche Bank National Trust Company as Trustee
for HSI Asset Securitization Corporation 2007-0PTI Mortgage
Pass-Through Certificates, Series 2007-0PTI.
Buyer:
Collier County Community
Buyer: Redevelopment Agency
Property Address: 2515 Becca Ave City, State: Naples FL 34112
(together with any improvements thereon, the "Property")
Addendum
Date:
Contract Title
and Date:
11/ 18/2008
Agreement For Sale and Purchase
11/18/2008
(the "Contract")
Offer Expiration
Date: 5:00 p.m. (EST) on 11/19/2008
(the "Offer Expiration Date")
BUYER(S) AND SELLER AGREE AS FOLLOWS:
(A) OFFER AND ACCEPTANCE:
Buyer acknowledges and agrees that: (i) Seller has reserved the right to receive multiple offers and make
multiple counter-offers with respect to the Property which are the subject of the Contract; (Ii) Seller
reserves the right to continue to offer the Property for sale until both the Contract and this Addendum (as
defined in Paragraph C below) have been fully executed and delivered by Buyer and Seller; and (Iii) this
counter-offer shall expire at 5:00 p.m. (EST) on the Offer Expiration Date. Seller's acceptance of another
offer andlor counter-offer prior to the full execution and delivery of the Contract and this Addendum by
both Buyer and Seller shall constitute Seller's revocation of this counter-offer and automatically render this
Addendum null and void. Buyer's communication of its acceptance of this counter-offer (as evidenced by
delivery of a signed copy ofthis Addendum) must be received by Seller or Seller's agent in writing prior to
5:00 p.m. (ESn on the Offer Expiration Date. In no event shall Seller have any obligation to Buyer
whatsoever unless and until Seller fully-executes and delivers both the Contract and this Addendum to
Buyer.
SUMMARY OF MATERIAL DATES AND AMOUNTS IN THE AGREEMENT;
CERTAIN DEFINITIONS:
(i)
(Ii)
The term "Sate Price" shall mean $ 99000.00
The term "Earnest Money Deposit" shall mean $1000.00
Addendum.
(iii) The term "Additional Deposit" shall mean $0.00, due upon the removal of all inspection
contingencies. Buyer shall deliver the balance of the Sale Price in the amount of $98000.00 into
the escrow by wire transfer at least one (1) business day prior to the Closing Date.
(Iv) The term "Deposit" shall mean the sum of the Earnest Money Deposit, Additional Deposit and
any other subsequent deposits hetd in escrow or otherwise intended to be applied toward the Sales
Price. The Deposit shall be non-refundable except in connection with Paragraph F of this
Addendum or as expressly provided otherwise in this Addendum.
, due at the signing of this
Buyer's Initials:
Seller's Initials:
Page 1 of 12
1662
;
(v) The term "Agreemenf' shall mean, collectively, the Contract, this Addendum and any addenda,
supptements, riders or amendments thereto.
(vi) The term "Closing Date" shall mean on or before] 1/28/2008.
(B) CONFLICT BETWEEN THE CONTRACT AND THIS ADDENDUM:
In the event any provision of this Addendum "A" First Addendum To Contract (this "Addendum")
conflicts in whole or in part with any of the terms and conditions of the Contract, the terms of this
Addendum shall control the rights and obligations of the parties.
(C) ASSIGNMENT OF THE AGREEMENT:
Buyer shall neither assign its rights nor delegate its obligations under the Agreement without obtaining
Seller's prior written consent, which consent may be withheld in Seller's sole discretion. In no event shall
any assignment relieve Buyer from its obligations under the Agreement. If Buyer attempts to or actually
assigns the Agreement or delegates its obligations under the Agreement without obtaining Seller's prior
written consent, then the Agreement may be deemed null and void at Seller's election. ]f Seller elects to
nullify the Agreement as a result of any such assignment, then Seller shall be entitled to retain the Deposit
in accordance with Paragraph K of this Addendum. Seller may assign the Agreement at its sole discretion
without prior notice to, or consent of, the Buyer.
(0) NO REPRESENTATIONS OR WARRANTIES: PROPERTY SOLD" AS IS":
Buyer acknowledges and understands that the Property is being purchased and sold as-is, where-is
and with all faults. Buyer further acknowledges and understands that the Property was acquired by
Seller through a foreclosure or other similar action and therefore, Seller is not an owner-occupant
and Seller's information concerning the Property and its condition is extremely limited.
Accordingly, Buyer acknowledges and understands that Seller makes no representations or
warranties, express or implied, regarding any known or unknown, apparent or talent defeets in the
Property or any appurtenant systems, including, without limitation, plumhing, heating, air
conditioning and eteetricat systems, fixtures, appliances, roof, sewers, septic, soil conditions,
foundation, structural integrity, environmental condition (including, without limitation, the presence
hazardous or toxic substances), pout or related equipment. Seller makes no representations or
warranties, express or implied, as to (i) the condition of the Property or any ofthe Property's systems
or improvements, or (ii) the habitability, marketability, profitability, serviceability or fitness for a
particutar use of the Property or any component of the Property. Buyer further acknowtedges and
agrees that the Sate Price and the terms and conditions set forth in the Agreement are the result of
arm's-length bargaining between parties familiar with transactions of this kind and said price, terms
and conditions refiect the fact that Buyer shall have the benefit of, and is relying upon, no statements,
representations or warranties, express or implied, whatsoever relating to any aspect of the Property
made by or enforceable directly against Seller, any affitiate of Seller or any broker or agent of Seller,
including, without limitation, any statements, representations or warranties relating to the known or
unknown condition, dimensions, square footage, descriptions, soil condition, suitability, availability
of water and other utilities, compliance or lack of compliance with any state, federal, county or local
law, ordinance, order, zoning, rule, permit or regulation or any other attribute or matter of or
relating to the Property. Buyer represents, warrants and covenants to Seller that Buyer is retying
solely upon its own inspection and investigation of the Property. If Seller obtains or has obtained the
services, opinions or work product of surveyors, architects, engineers, title companies, governmental
authorities or any other person or entity with respect to the Property, Buyer and Seller agree that
Seller shall do so onty for the convenience of both parties and the reliance by Buyer upon any such
services, opinions or work product shall not create or give rise to any liability of or against Seller.
The closing of this sale shall constitute acknowledgement by the Buyer that the condition of the
Buyer's Initials:
Seller's Initials:
Page 2 of 12
1662
Property and all components thereof is acceptable to the Buyer at that time. The Buyer agrees that
Seller shall have no liability for any claims or losses the Buyer or the Buyer's successors or assigns
may incur as a result of defects that may now or hereafter exist with respect to the Property or any
componentthereot
The parties agree that Seller is exempt from filing a disclosure statement as the Property was acquired
through foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, eminent domain or similar process. For
Ataska transactions, the Seller and the Buyer have previously executed a waiver of the disclosure provisions
of Alaska statutes.
(E) FINANCING CONTINGENCY:
L-)/L-) (2) All Cash Transaction:
The purchase and sale of the PropertY is an all-cash sale and purchase and is NOT contingent upon Buyer's
obtaining financing for the purchase of the PropertY regardless of any mortgage loan application made by
Buyer to any lending institution. Buyer understands and agrees that neither delivery of a commitment for a
mortgage loan from any lending institution nor Buyer's acceptance of such a commitment will in any way
be a condition of Buyer's obligations under the Agreement. Buyer represents to Seller that Buyer has
sufficient readily available funds to complete the purchase of the PropertY and will submit proof of such
funds upon request of Seller. If Buyer is unable to deliver the full Sale Price to Seller on the Closing Date,
then Seller shall be entitled to retain the Deposit as liquidated damages pursuant to Paragraph K betow.
(F) CLOSING COSTS:
Buyer agrees to pay all of Buyer's closing costs, including the cost of any fees, interest and charges
imposed by Buyer's Lender. Buyer understands that it may also have to pay certain prepayable expenses
including, without limitation, propertY taxes, water and sewer cbarges, and insurance. Regardless of local
custom or practice, the Buyer shall pay any and all real estate transfer taxes due as a result of the
conveyance of the PropertY. The Buyer shall pay all other costs and fees incurred in the transfer of the
PropertY, except as expressly assumed by the Seller in the Agreement.
Buyer also agrees to pay Seller a document preparation/review fee of Ninety-nine Dollars ($99.00) on
the Closing Date. This fee shall be detivered to escrow and disbursed on the Ctosing Date per wire
instructions provided by Seller.
(G) INSPECTIONS:
Buyer, at Buyer's sole cost and expense after Seller's delivery of notice to Buyer of Seller's written
acceptance of this Addendum, shall have the opportunity to inspect all aspects of the PropertY including
testing regarding, without limitation, environmental, asbestos, radon gas, lead paint, mold, physical defects
including structural defects, roof, basement, mechanical systems such as heating and air conditioning,
electrical systems, sewage and septic systems, plumbing, exterior site drainage, termite and other types of
pest and insect infestation or damage caused by such infestation, boundary surveys, and unrecorded costs,
liens, assessments, or judgments including, without limitation, code violations, taxes, utility liens, or
condominium assessments. Any and all costs and expenses associated with any such inspection shall be
referred to as "Inspection Costs". In no event, including, but not limited to, if the sale of the PropertY fails
to close due to an issue stemming from any such inspection, shall Seller be required to reimburse Buyer for
any Inspection Costs. Seller will not supply surveys, boundary surveys or footprint surveys or any other
documents with respect to the PropertY. If the PropertY is a condominium or planned unit development or
Buyer's Initials:
Seller's Initials:
Page 3 of 12
16G2
co-operative, unless otherwise required by law, the Buyer, at the Buyer's own expense, is responsible for
obtaining and reviewing the covenants, conditions and restrictions and bylaws of the condominium or
planned unit development or cooperative.
Mold, mildew spores and/or other microscopic organisms and/or allergens (collectively referred to in this
paragraph as "Mold") are environmental conditions that are common in residential properties and may
affect the Property. Mold, in some forms, has been reported to be toxic and to cause serious physical
injuries, including but not limited to, allergic and/or respiratory reactions or other problems, particularly in
persons with immune system problems, young children and/or elderly persons. Mold has also been reported
to cause extensive damage to personal and real property. Mold may have been removed or covered in the
course of any cleaning or repairing of the Property. The Purchaser acknowledges that, if Seller, or any of
Seller's employees, contractors, or agents cleaned or repaired the Property or remediated Mold
contamination, that Seller does not in any way warrant the cleaning, repairs or remediation. Purchaser
accepts full responsibility for all hazards that may result from the presence of Mold in or around the
Property. The Purchaser is satisfied with the condition of the Property notwithstanding the past or present
existence of Mold in or around the Property and Purchaser has not in any way, relied upon any
representations of ScHer, Seller's employees, affiliates, servicers, brokers, officers, directors, contractors, or
agents concerning the past or present existence of Mold in or around the property.
BUYER IS ENCOURAGED TO OBTAIN THE SERVICES OF A QUALIFIED AND
EXPERIENCED PROFESSIONAL TO CONDUCT INSPECTIONS AND TESTS IN, ON AND
UNDER THE PROPERTY PRIOR TO THE END OF THE SEVEN (7) CALENDAR DAY
INSPECTION PERIOD (AS DESCRIBED BELOW), AS TO THE EXISTENCE OF CERTAIN
CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY OF THOSE LISTED IN THIS
PARAGRAPH H, THAT COULD CAUSE SERIOUS HEALTH PROBLEMS AND/OR A
SUBSTANTIAL REDUCTION IN PROPERTY VALUE. Buyer hereby agrees and acknowledges that
Buyer is solely responsible for any required remediation and/or resulting damages, including, without
limitation, any effects on health, due to a condition in, on, under or around the Property.
In the event the Property is affected by an environmental hazard, as determined by the Seller, either party
may terminate the Agreement and the Deposit shall be returned to Buyer. In the event the Seller decides
to sell the Property to the Buyer and the Buyer agrees to purchase the Property despite any
environmental hazard, the Buyer agrees to execute a release and hold harmless agreement at closing, in
a form acceptable to Seller. In the event the Buyer elects not to execute the release and hold harmless
agreement, at the Seller's discretion, the Agreement is automatically terminated upon notice given to Buyer
and Seller shall retain the Deposit. If there is an enforcement proceeding arising from allegations of
violation of building codes or similar laws or regulations before an enforcement board, special master,
court or similar enforcement body, and neither the Buyer nor the Seller terminate the Agreement, the
Buyer agrees (a) to accept the Property subject to the violations, and (b) to be responsible for
compliance with the applicable code and with orders issued in any code enforcement proceeding. Buyer
agrees to execute any and all documents necessary or required for closing by any agency with
jurisdiction over the Property.
Buyer shall keep the Property free and clear of any mechanics' tiens or materialmen's liens related to
Buyer's examination and investigation and Buyer shall protect, defend, indemnify and hold Seller (and
Seller's agents, servicers, employees, contractors, brokers, shareholders, affiliates, officers and directors,
collectively, the "Seller Indemnite..") harmless from and against any and all losses, costs, expenses
(including attorneys' fees and actually incurred court costs), claims, damages, liens and stop notices
whatsoever and shall repair any and all damages to any portion of the Property to the extent arising out of
or related (directly or indirectly) to Buyer's and/or Buyer's consultants/contractors conducting (but not the
results thereof) such inspections, surveys, tests and studies. Buyer shall provide Seller with written
notice at least two (2) days prior to Buyer's entry onto the Property.
If Buyer fails to timely deliver to Seller written notice of its cancellation of the Agreement for any reason,
Buyer's Initials:
Seller's Initials:
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on or before 5:00 p.m. (EST) on the date SEVEN (7) calendar days after the date of this Addendum (the
"Inspection Period Deadline"), Buyer shall conclusively be deemed to have: (i) completed and approved
of all inspections and investigations, reviewed all applicable documents and disclosures; (H) elected to
proceed with the transaction; and (Hi) assumed all liability, responsibility and expense for any required
repairs or corrections other than for items which Seller has otherwise agreed in writing to repair or correct.
If Buyer timely objects to the condition of the Property by the Inspection Period Deadline, then Buyer, as
Buyer's sole option, may terminate the Agreement and neither party shall have any further obligations
under the Agreement. As a condition to Buyer's right to terminate the Agreement prior to the Inspection
Period Deadline, Buyer agrees to submit to Seller any and all written reports resulting from any inspections
conducted or ordered by Buyer within three (3) calendar days following the close of the Inspection Period
Deadline. Upon Seller's receipt of such reports, the Deposit will be refunded to Buyer.
(H) SELLER'S UNLIMITED RIGHT TO CANCEL THE AGREEMENT:
AT ANY TIME SELLER SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO ELECT
TO DEEM THE AGREEMENT NULL AND VOID IF (0 REQUIRED BY APPLICABLE LAW,
(Iij REQUIRED BY ANY EXISTING CONTRACT OR AGREEMENT BINDING UPON SELLER
AND/OR THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY AGREEMENTS
WITH THE PRIOR OWNER OF THE PROPERTY, ANY MORTGAGE INSURER OR ANY
MORTGAGE BROKER. UPON SELLER'S DELIVERY OF WRITTEN NOTICE TO BUYER OF
SELLER'S ELECTION TO NULLIFY THE AGREEMENT PURSUANT TO THIS PARAGRAPH,
THE PARTIES SHALL BE RESTORED TO THEIR ORIGINAL POSITIONS AS IF THE
AGREEMENT NEVER EXISTED. SHOUW SELLER EXERCISE ITS DECISION TO NULLIFY
THE AGREEMENT, THE DEPOSIT SHALL BE RETURNED TO BUYER. BUYER AGREES
THAT SHOULD SELLER NULLIFY THE AGREEMENT PURSUANT TO THIS PARAGRAPH,
BUYER WAIVES ITS RIGHT TO SUE SELLER FOR SPECIFIC PERFORMANCE AND/OR
DAMAGES AND FULLY RELEASES SELLER AS FURTHER SET FORTH IN THE RELEASE
CONTAINED WITHIN PARAGRAPH V OF THIS ADDENDUM.
(Buyer's Initial.) (Buyer's Initials)
I HAVE READ TIllS PARAGRAPH AND I AM INITIALING TO
VERIFY THAT I ACCEPT IT AS PART OF TIlE AGREEMENT
(0 REPAIRS:
Any repairs to the Property identified by Buyer or which may be required by Buyer's Lender (collectively,
"Repairs") are the sole responsibility of Buyer. Seller shall have no obligation to make any Repairs to the
Property whatsoever. Buyer agrees not to enter the Property prior to the Closing Date for the purpose of
making any Repairs or any other alterations without Seller's express prior written consent.
(J) LlOUIDATED DAMAGES: DEPOSIT:
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE
AGREEMENT, IF THE AGREEMENT HAS NOT BEEN TERMINATED BY BUYER OR
SELLER FOR AN EXPRESS REASON PROVIDED IN THE AGREEMENT WHICH REQUIRES
THE DEPOSIT TO BE RETURNED TO BUYER AND IF THE SALE OF THE PROPERTY TO
BUYER HAS NOT BEEN CONSUMMATED FOR ANY REASON OTHER THAN SELLER'S
DEFAULT UNDER THE AGREEMENT, OR UPON THE OCCURRENCE OF ANY DEFAULT
OF BUYER UNDER THE AGREEMENT, SELLER SHALL BE ENTITLED TO RETAIN THE
DEPOSIT AS SELLER'S LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IT WOULD
BE IMPRACTICABLE AND EXTREMELY DIFFICULT TO ASCERTAIN THE ACTUAL
DAMAGES SUFFERED BY SELLER AS A RESULT OF BUYER'S DEFAULT AND/OR
FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO THE
AGREEMENT AND THAT UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF
Buyer's Initials:
Seller's Initials:
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THIS ADDENDUM, THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION
REPRESENTS A REASONABLE ESTIMATE OF THE DAMAGES WHICH SELLER WOULD
INCUR AS A RESULT OF SUCH DEFAULT AND/OR FAILURE, PROVIDED, HOWEVER,
THAT THIS PROVISION SHALL NOT LIMIT SELLER'S RIGHT TO RECEIVE
REIMBURSEMENT FOR ATTORNEYS' FEES, NOR WAIVE OR AFFECT SELLER'S RIGHTS
AND BUYER'S INDEMNITY OBLIGATIONS UNDER OTHER SECTIONS OF THE
AGREEMENT. ACCORDINGLY, IF BUYER INTERFERES WITH OR MAKES ANY
ATTEMPT TO INTERFERE WITH SELLER RECEIVING OR RETAINING, AS THE CASE
MAY BE, THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION INCLUDING,
WITHOUT LIMITATION, GIVING ANY NOTICE OR INSTRUCTIONS TO ANY ESCROW
HOLDER NOT TO DELIVER THE DEPOSIT TO SELLER, SELLER SHALL HAVE THE
RIGHT TO RECOVER ITS ATTORNEYS' FEES AND COSTS OF COLLECTION AND/OR
ENFORCEMENT IN ADDITION TO THE SELLER'S LIQUIDATED DAMAGES. THE
PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED DAMAGES IS
NOT INTENDED AS A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE
LIQUIDATED DAMAGES TO SELLER.
(Buyer's Initials) (Buyer's Initials)
I HAVE READ THIS PARAGRAPH AND I AM INITIALING TO
VERIFY TIlAT I ACCEYf IT AS PART OF TIlE AGREEMENT
(K) SELLERS CLOSING COSTS AND BROKERAGE COMMISSION:
Seller agrees to contribute the following amounts, if applicable, as a reduction in the Sate Price:
(i) $0.00 towards Buyer's non-recurring closing costs, discount points, and, if applicable, Buyer's
non-allowable FHAIV A costs;
(ii) $0.00 as a credit to Buyer at closing for Buyer to purchase a Home Protection Plan; and
(iii) $0.00 towards a termite report.
Seller will pay a brokerage commission in accordance with the listing agreement between the listing broker
and Seller. The selling broker, if any, is set forth below. Seller hereby instructs the closing agent to pay
the brokerage commission to the listing broker and any selling broker (if applicable) after the closing via
separate checks made out to the following companies in the following amounts:
Listing Broker's Fee: Payabte to: Amerivest Realty in the amount of $2970.00.
Selling Broker's Fee: Payable to: Amerivest Realty in the amount of $2970.00.
(L) TRANSFER OF TITLE AND SUBSEOUENT NOTICE OF COSTS. LIENS. OR
ASSESSMENTS:
Seller shall transfer title to the Property to Buyer by means of a special or limited warranty deed, or an
equivalent thereof (the "Deed"). The acceptance of the Deed by Buyer will be deemed to constitute full
compliance by Seller with all of the terms and conditions of the Agreement. Seller shall NOT be
responsible for any unpaid real estate taxes and/or assessments, levies, homeowner association fees and
charges, utility charges or any other charges not readily obtainable from a title search prior to closing. IF
AT ANY TIME AFTER THE CLOSING DATE, BUYER OR ITS ASSIGNS OBTAINS ACTUAL OR
CONSTRUCTIVE NOTICE OF ANY COSTS, LIENS, ASSESSMENTS, OR JUDGMENTS
ASSOCIATED WITH THE PROPERTY THAT WERE NOT OF RECORD AT THE TIME OF THE
CLOSING INCLUDING, WITHOUT LIMITATION, CODE VIOLATIONS, TAXES, UTILITY LIENS,
OR CONDOMINIUM ASSESSMENTS, BUYER SHALL BE RESPONSIBLE FOR PAYMENT OF
Buyer's Initials:
Seller's Initials:
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SAME AND BUYER HEREBY RELEASES SELLER OF ANY AND ALL LIABILITY IN
CONNECTION THERETO, REGARDLESS OF WHETHER (I) SELLER OWNED THE PROPERTY AT
THE TIME SUCH COSTS WERE ASSESSED OR INCURRED OR (II) SELLER HAD ACTUAL OR
CONSTRUCTIVE NOTICE OF THE EXISTENCE OF SUCH COSTS, LIENS, ASSESSMENTS, OR
JUDGMENTS. Buyer is responsible for verifying any possible liens, judgments, or assessments that may
not be of record and hereby releases Seller from any and all liability related to any such liens, judgments or
assessments. Notwithstanding anything to the contrary in the Agreement, the provisions of Paragraphs
C, D, E, H, 1, K, M, and P through dd of this Addendum, as well as any other provision which
contemplates performance or observance subsequent to any termination or expiration of the Agreement,
shall survive the closing, funding and the delivery of the Deed andlor termination of the Agreement by
any party and continue in full force and effect.
(M) TITLE AGENT:
Seller shall select the title agent to issue the owner's title insurance policy and shall pay the title
examination fee and the premium for such policy. Buyer shall pay the customary closing fee to the
closing/title agent. Buyer is entitled to legal representation at the closing and may elect to have such
representation at Buyer's sole expense. The closing of the transaction contemplated by the Agreement
shall be held at a location designated by Seller. It is Seller's intent to deliver an owner's title insurance
policy in lieu of an abstract in the customary abstract states. Buyer hereby accepts such owner's title
insurance in lieu of an abstract, if applicable.
(N) INSURANCE POLICIES:
Seller's insurance policies covering the Property are not transferable and will not be prorated on the
Closing Date.
(0) TITLE DEFECTS:
In the event that a title defect is discovered by Buyer prior to the Closing Date, Buyer shall deliver written
notice of such defect to Seller and Seller shall be entitled to a thirty (30) day extension of the Closing Date
to resolve any such title defects or other title issues. This additional thirty (30) day period shall be referred
to as the "Extended Ctosing Period". If, within the Extended Closing Period, Seller determines that it is
unable or unwilling, in Seller's sole discretion, to resolve such matters, Buyer shall elect to either: (i) take
title to the Property in its then state without any reduction in the Sale Price, thereby waiving any and all
title objections and any other claims against Seller, or (ii) terminate the Agreement and receive a refund of
the Deposit. Buyer acknowledges and agrees that Buyer's remedy in clause (ii) above shall be Buyer's sole
and exclusive remedy against Seller for Seller's election not to remove a title defect andlor inability to
deliver clear and insurable title to Buyer at the closing.
(P) LEAD-BASED PAINT INSPECTION:
(
)/(
) LEAD-BASED PAINT CONTINGENCY:
Buyer's obligation to close this transaction is contingent upon Buyer conducting a risk assessment or
inspection of the Property for the presence of lead-based paint andlor lead-based paint hazards, at Buyer's
sole cost and expense, on or before 5:00 p.m. (EST) on the date ten (10) days from the date of the
Agreement (the "LBP Test Period"). Intact lead-based paint that is in good condition is not necessarily a
hazard (please see the EP A pamphlet "Protect Your Family From Lead in Your Home" for more
information). This contingency will terminate at the expiration of the LBP Test Period unless Buyer
delivers to Seller written notice listing the specific existing deficiencies and corrections needed, together
with a copy of the inspection andlor risk assessment report, prior to the expiration of the LBP Test Period.
Seller may, at its sole discretion, within ten (l0) days after delivery of such notice, elect in writing to
correct the condition(s) prior to the Closing Date. If Seller elects to correct the condition(s), Seller shall,
Buyer's Initials:
Seller's Initials:
Page 7 of 12
1662
upon completion of the correction(s), furnish to Buyer certification from a risk assessor or inspector
demonstrating that the condition has been remedied. If Seller does not elect to make the repairs or if Seller
counter-offers such notice, Buyer shall have five (5) days to respond to any such counter-offer or elect to
waive this contingency and close the purchase of the Property in its "as is" condition without any reduction
in the Sale Price, or the Agreement shall become void and the Deposit shall be refunded to Buyer. Buyer
may waive this contingency at any time without cause at Buyer's sole election.
I )II ) WAIVER OF LEAD-BASED PAINT INSPECTION PERIOD: SELLER'S
REPRESENTATIONS:
Buyer acknowledges that it has had the opportunity to undertake studies, inspections or investigations of
the Property as Buyer deemed necessary to evaluate the presence of lead-based paint and/or lead-based
paint hazards on the Property. To the extent that Buyer has waived or otherwise declined the opportunity to
undertake such inspections and investigations as a condition to the completion of the transaction under the
terms of the Agreement, Buyer has knowingly and voluntarily done so. Buyer understands and
acknowledges that the Property may have been built prior to 1978 and lead-based paint and/or lead-based
paint hazards may be present on the Property. In accordance with the Section 1018 of Title X, the
Residential Lead-Based Paint Hazard Reduction Act of 1992, attached to this Addendum as Exhibit "H"
and made a part hereof, Seller attaches the Disclosure of Information on Lead Based Paint and/or Lead-
Based Paint Hazards Lead Warning Statement. Seller shall have no responsibility or liability with respect
to any such occurrence of lead-based paint. It is understood by the parties that Seller does not make any
representation or warranty, express or implied, as to the accuracy or compteteness of any information
contained in Seller's files or in the documents produced by Seller or its agents, including, without
limitation, any environmental audit or report. Buyer acknowledges that Seller and Seller's affiliates shall
have no responsibility for the contents and accuracy of such disclosures, and Buyer agrees that the
obligations of Seller in connection with the purchase of the Property shall be governed by the Agreement
irrespective of the contents of any such disclosures or the timing or delivery thereof.
(Q) CLOSING DATE / TIME OF THE ESSENCE:
The parties agree that time is of the essence with respect to all dates specified in the Agreement.
Accordingly, all deadlines are intended to be strict and absolute. In the event Buyer fails to close the
transaction on the Closing Date through no fault of Seller, Seller may, in its discretion, elect to extend the
Closing Date for up to ten (10) days. In the event Seller agrees to extend the C10sinll bevond the Closinll
Date and the Extended C10sinll Period. Buyer shall pay, in addition to the Sale Price, (i) a $300.00 fee for
any such the extension, and (Ii) a per diem penalty of $1 00.00 ($150.00 per diem if this is a cash offer) for
each day that the Closing Date is extended up to a maximum often (10) days.
Buyer assumes all liability in providing all necessary information to Buyer's Lender. Furthermore, Buyer
shall instruct Buyer's Lender and Buyer's attorney to work in conjunction with the brokers to ensure a
timely closing. The broker, and co-broker (ifapplicable), shall assume all responsibility for foUow-up with
Buyer, any lender or mortgage representative involved in fmancing this transaction, and either party's
attorney and/or title company to ensure that there is no delay in ctosing. Buyer will not be given possession
and may not occupy the Property prior to the closing and disbursement of sale proceeds.
(R) NO ALTERATIONS PERMITTED WITHOUT PRIOR CONSENT:
Buyer shall be in default under the Agreement in the event Buyer occupies or alters the Property or permits
the Property to be altered without the prior written consent of Seller. Upon any such default, Seller shaU
have the right to retain the Deposit pursuant to Paragraph K of this Addendum and Buyer shall be required
to return the Property to its original condition, at its sole expense, if Seller shall request such action in
writing. Further, upon any such default, Buyer waives any and all claims for damages or compensations
for improvements made by the Buyer to the Property including, but not limited to, any claims for unjust
enrichment.
Buyer's Initials:
Seller's Initials:
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1662
(S) TERMINATION OF THE AGREEMENT:
In the event the Agreement is terminated pursuant to any provision of the Agreement which requires the
Deposit to be refunded to Buyer, or in the event Seller defaults or is otherwise unable to or elects not to
perform the Agreement, Seller's sole liability to Buyer, and Buyer's sole and exclusive remedy, will be to
return the Deposit to Buyer, at which time the Agreement shall terminate and neither Seller nor Buyer shall
have any further obligations, liabilities or responsibilities to one another under the Agreement, except for
those provisions which the Agreement expressly provides will survive the expiration of termination of the
Agreement. The Buyer waives any claims that the PropertY is unique and the Buyer acknowledges and
agrees that return of its earnest money deposit adequately and fairly compensates the Buyer.
(T) SEVERABILITY:
If any provision of this Addendum shall be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder
of the Agreement.
(U) RELEASE:
In consideratioD of the sale of the Property to Buyer aDd Seller's agreement to pay the title
examiDatloD fee and the premium for the title iDsuraDce policy, receipt of which Is hereby
acknowledged, UPOD the effective date of the AgreemeDt, Buyer hereby releases aDd agrees to,
hotd harmless and forever discharge Seller, as OWDer of the Property, aDd its affiliates, officers,
servicers, contractors, employees, agents, broken successors and assigns, from aoy and all
claims, liabilities, or causes of aCtiOD of aDY klDd that Buyer may DOW have or may have at aDY
time ID the future arising out of the AgreemeDt. Neither the Seller Dor its affiliates, officers,
servicers, COD tractors, employees, ageDts, brokers, successors aDd assigDs shall be Iiahle to the
Buyer for any damages of aDY kiDd (other thaD a returD ofthe Deposit when expressly required
by the AgreemeDt) as a result of the Seller's default UDder the AgreemeDt or Seller's failure to
sell aDd convey the Property. Buyer further expressly waives, to the fullest extent permitted by
law: (a) the remedy of specific performance OD account of Seller's default UDder the AgreemeDt
or Seller's failure to sell aDd convey the Property for aDY reasoD, (b) aDY right otherwise to
record or file the Agreement or a memorandum thereof, a lis pendens or a Dotice of peDdeDcy of
actioD or similar notice against all or aDY portion of the Property, (c) any right to invoke aDY
other equitable remedy that may be available that, if iDvoked, wODld prevent Seller from
conveying the Property to a third party buyer; (d) any and all claims arising from any agreed
to adjustmeDts or prorations or errors in calculating the adjustments or prorations that are
or may he discovered after closing; (e) any trial by jury ID aDY IitigatioD arising from or
conDected with or related to the AgreemeDt; (I) any claims or losses Buyer may incur as a
result of constructloD on, repair to, or treatment of the Property, or other defects, kDoWD
or unkDown, apparent or lateDt, which may now or hereafter exist with respect to the
Property; (g) any right to avoid this sale or reduce the price or hold Seller and its affiliates,
omcers, servicers, contractors, employees, agents, brokers, successors and assigns responsible for
damages on accouDt of the marketahility, habitability, serviceability, profitability, iDsurabillty or
cODdition of the Property, lack of suitability or fitDess of the property for a particular purpose, or
defects, appareDt or lateDt, in the Property; (h) aDY claim arisiDg from eDcroachments,
easemeDts, shortages iD area or aDY other matter which would be disclosed or revealed by a
surveyor Inspection of the Property or search of public records; aDd (i) aDY right to recover
special, conseqDentlal, or punitive damages whatsoever, whether iD contract, tort (IncludiDg
negligeDce aDd strict liability), or any other legal or equitabte priDciple, iDclDding, but Dot
limited to, aDY cost or expense incurred by the Buyer iD selliDg or surreDderiDg a lease OD a
prior residence, obtaining other living accommodations, moving, storage or relocation expenses,
Buyer's Initials:
Seller's Initials:
Page 9 of 12
1662
or any other such expense or cost arising from, or related to, the Agreement or a breach of the
Agreement.
]n the event Buyer breaches or disregards, or attempts to disavow, any of the waivers or releases
described or contemplated under this Paragraph V, in addition to all other damages or remedies to
which Seller and its affitiates, officers, servicers, contractors, employees, agents, brokers successors
and assigns may be tawfully enlitted, Buyer shall pay all reasonable attorneys fees and costs
incurred by the Seller in (i) seeking reaffirmation or enforcement of any such waiver or release, or
(ii) defending any action initiated by the Buyer for the purpose of or relating to any such breacb,
disregard or disavowal.
(V) OCCUPANCY STATUS OF PROPERTY:
The Buyer acknowledges that neither the Seller, nor its representatives, agents or assigns, has made any
warranties or representations, express or implied, relating to the existence of any tenants or occupants
at the Property. The Seller, its representatives, agents or assigns, shall not be responsible for evicting
or relocating any tenants, occupants or personal property at the Property prior to or subsequent to
closing.
The Buyer further acknowledges and agrees that (i) the Seller is not holding any security deposits from
former or current tenants and has no information as to such security deposits as may have been paid
by the former or current tenants to anyone, (ii) no sums representing such tenant security deposits shall
be transferred by the Seller to the Buyer as part of this transaction, and (iii) the Buyer hereby assumes
all responsibility and liability for the refund of such security deposits to the tenants pursuant to the
provisions of applicable laws and regulations.
The Buyer acknowledges that this Property may be subject to the provisions of local rent
control ordinances and regulations. The Buyer agrees that upon the closing all eviction proceedings
and other duties and responsibilities of a property owner and landlord, including, but not limited to,
those proceedings required for compliance with such local rent control ordinances and regulations, will
be the Buyer's sole responsibility.
If this property is located in Alabama, Buyer understands that the Property may be subject to
redemption by the prior owner upon payment of certain sums and Buyer may be dispossessed of the
Property. Buyer is advised to consult with an attorney to fully understand the import and impact of the
foregoing. Buyer agrees he shall have no recourse against Seller in the event the right of redemption is
exercised.
If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector
certification, septic certification or any similar certification or permit ("Certificate of
Occupancy") or any form of improvement or repair to the Property to obtain such Certificate of
Occupancy necessary for the Property to be occupied, the Buyer understands that the Seller requires
the Certificate of Occupancy to be obtained by the Buyer at the Buyer's sole cost and expense. The
Buyer shall not have the right to delay the closing due to the Buyer's failure or inability to obtain any
required Certificate of Occupancy. Failure of the Buyer to obtain and furnish the Certificate of
Occupancy by the Closing Date shall be a material defautt of this Agreement by Buyer entitling Seller to
retain the Deposit as liquidated damages under Paragraph K. Further, Buyer will not occupy, or cause or
permit others to occupy, the Property after closing unless and until any necessary Certificate of
Occupancy has been obtained from the appropriate governmental entity.
Buyer's Initials:
Seller's Initials:
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(W) PERSONAL PROPERTY:
Items of personal property, including but not limited to, window coverings, appliances, manufactured
homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or
hereafter located on the Property, are not included in this sale or the purchase price. Any personal
property at or on the Property may be removed from the Property prior to or after the Closing Date.
The Seller makes no representation or warranty as to the condition of any personal property, title
thereto, or whether any personal property is encumbered by any liens. The Buyer assumes
responsibility for any personal property remaining on the Property at the time of closing.
(Y) MODIFICA TION/W AIVER:
No provision, term or clause of the Agreement shall be revised, modified, amended or waived, except by an
instrument in writing signed by the Buyer and the Seller. Any consent by any party to, or waiver of, a
breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse
for, any different or subsequent breach.
(Z) COUNTERPARTS:
The Agreement may be executed in any number of counterparts and each such counterpart shall be
deemed to be an original, but all of which, when taken together, shall constitute one agreement.
Copies of documents or signature pages bearing originat signatures shall constitute and be treated as,
an original signed document or counterpart, as applicable.
(aa) ATTORNEY REVIEW:
Buyer acknowledges that Buyer has had the opportunity to consult with its 1egat counsel regarding the
Agreement and that accordingly the terms of the Agreement are not to be construed against any party
because that party drafted the Agreement or construed in favor of any party because that party failed to
understand the legal effect of the provisions of the Agreement.
(bb) NOTICES:
All notices from one party to the other must be in writing and are effective (i) when hand-detivered at, or
transmitted by facsimile or electronic transmission properly addressed to the party and/or the party's
broker, agent or attorney as indicated in the signature blocks below; or (ii) if mailed, when received or the
next clay if mailed via overnight delivery or three clays after mailing via certified mail, return receipt
requested properly addressed to the party and/or the party's broker, agent or attorney as indicated in the
signature blocks below.
(cc) INDEMNITY:
Buyer shall protect, defend, indemnifY and hold the Seller Indemnitees harmless from and against any and
all losses, costs, expenses (including attorneys' fees and actually incurred court costs), claims and damages
to the extent arising out of or related (directly or indirectly) to: (a) the imposition of any fine or penalty
imposed by any governmental entity resulting from the Buyer's failure to timely obtain any Certificate of
Occupancy or to comply with equivalent laws and regulations; (b) claims for amounts due and owed by
the Seller for real property taxes, homeowner's association dues or assessment, or any other items prorated
at closing, if any, under the Agreement, including any penalty or interest and other charges, arising from
the proration of such amounts for which the Buyer received a credit at closing under the Agreement; (c) the
Buyer or the Buyer's tenants, agents or representatives use and/or occupancy of the Property prior to
closing and/or issuance of required Certificates of Occupancy; or (d) the breach by Buyer of any of the
terms and conditions of the Agreement.
Buyer's Initials:
Seller's Initials:
Page 11 of 12
~...,___.~~.__.._.___,__._____.n.._..""_~'_"'_~'~'~~'.~____~_",~,,_,"_~,__~,,_,,'~"_~_'~_'.__m'_."'"
1662
(dd) ENTIRE AGREEMENT:
The Agreement, including all other disclosure forms or notices required by law, constitutes the entire
agreement between the Buyer and the Seller concerning the subject matter hereof and supersedes all previous
communications, understandings, representations, warranties, covenants or agreements, either written or
oral and there are no oral or other written agreements between the Buyer and the Seller. No oral
promises, representations, warranties or agreements, expressed or implied, made by the Seller and/or
brokers or any person acting on behalf of the Seller shall be deemed valid or binding upon the
Seller, unless expressly included in the Agreement. All negotiations are merged into the Agreement.
IN WITNESS WHEREOF, the Buyer and the Seller have entered into this Addendum as of the date
frrst set forth above. The undersigned represents and warrants that he/she is authorized to enter into the
Agreement and bind the party for whom he/she signs to perform all duties and obligations stated in the
Agreement.
Seller:
American Home Servicing, Inc. as
limited power of attorney for Deutsche
Bank National Trust Company as Trustee
for HSI Asset Securitization Corporation
2007 -OPT! Mortgage Pass-Through
Certificates, Series 2007-0PTI.
Date:
Printed Name
Buyer:
Printed Title U'lYIGH r t. ciKUCI\, CLERK
Collier County Name Printed: ~~~.' "
~ .
o ment A en'0'- / __
~ ~ted: Date:.
Buyer:
..
,
Listing
Broker:
Name Printed: Amerivest Realty
Dat~.!;
Selling
Broker:
Name Printed: Amerivest Realty
Date:
Notice to Seller:
Notice to Buyer:
Fax:
Email:
Fax:
Email:
Seller's Broker/AgenllAttorney:
Buyer's Broker/AgenllAttorney:
Fax:
Email:
Fax:
Emait:
Buyer's Initials:
Seller's Initials:
/
~L->Ol.l tv A.ttornev
PRIMARY CONTACT INFORMATION
('!be primary """"'" is tlle baJdor of tlle oriPI rl.,....~_. pel1dill( BCC 'l'pro\r.lJ. NonDally tl10 primary COlItIa is tl10 perso. wba ~ tl10 "'=d..
SlIZlUlW'y. Primuy """""" iu!anmui0ll is - ill tl10 ..... """ of tl10 _= above. iDcludia( Sue Rlscm. aced to "!JI1tlct mtf far addhiaual or missin(
iDCalmadau. All arigiuul <I~-.. ueediD( dle BCC Cl>airm;m's sip""" llre to be delivered to tl10 BCC otlice ooJy _ tlle BCC bas aCll:d to approva tl10
it=!.)
Name of Primary SClff
Contact
Agenda Dille Item 'was
ved b the BCe
Type of Document
).11'~t""hM
\,'..
2.
--
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3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of CoUrt's Office
Number of Original
Documents Attached
Phone Number
Agenda Item Number
INSTRUCTIONS & CHECKLIST
IDitia.l the Yes column or mark "'N/ A" in the Not Applicable column. whichever is
1.. OrigiDal cloc:um:Ill: has been ngncdIimri"M !or legal sUfficiency. (All d",.,== to be
signed by the. Chainnan, with the exception of most Ieacrs; must be reviewed ami signed
liy the Office of the County Ar1r1mey. This includes signatUre pages from ordinan=.
resolutioas. etc. signed by the ColIDty Alloruy's Office and signatUre pages from
contradS, ~ ete. that have been My ~ by all parties except the Bce
Chairman and Clc:rk to the Board ami I Stale Officials.)
2. Alllwldwritten.strilre-tbrongh and revisions have been initialed by the County AJ1Drnr.y.' s
Office and all other arties the BCe CJIairman and the Clerk to the Board
3. The n.'n-.p.n's signatUre IiIll: date bas been ent<::ed as the date ofBCC approval of the
docn:mem or the final lie dazed contract date whichever is licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si and initials are
5. In Iilost cases (some COnlraClI are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hotD'S of BCC approvaL
Some n",.,="'t!tS are time sensitive andreqnire'forwanling to T,n.h..,ee within a certain
time frame or the BCC's actions are nullliied. Be aware of our deadlines!
6. The document""" approved by the BCe on 1\\' 1'>\1.001'> (enter date) and all clwsges
made duxing the meeting have been incorporated in the attached docnment. The
COUD Attorn 's Office bas reviewed the eo, if a lleable.
;..
02S~ - 891
-1
I
Yes N/A(Not
(Initial) licable)
(JIt --.
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~ FormsI County For=! Bce l'aamI OrigilW Oa<:umcca Rouriog Slip WWS Original 9.03.04, Revise<! 1.26.05, Revised 2.24.0$
.---.---.----.-. ._-,,_.<.""-~,... -~-_...~--
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WCI COMMUNITIES,
INC., a Delaware corporation, whose address is 24301 Walden Center Drive, Bonita
Springs, FL 34134, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address
is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property "as is", described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01
A. The purchase price (the "Purchase Price") for the Property shall be Two
Hundred Fifty Thousand Dollars and No/100 Dollars ($250,000.00) (U.S.
Currency) payable at time of closing.
B. At time of the execution of said Agreement by both parties hereof Purchaser
shall deposit with WCI Title as Escrow Agent a deposit of $25,000 (representing
10% of the Purchase Price of the Parcel).
The deposit shall be held by Escrow Agent in an interest bearing account to be
disbursed as provided herein. In the event that the sale of the Property as
contemplated by this Agreement is closed in accordance with the terms and
conditions hereof, the Escrow Agent shall apply the earnest money deposit and
any interest thereon to the Purchase Price due on the date of closing. In the event
the Purchaser defaults under this Agreement or fails to close by the established
closing date as set out in 3.01 for any reason other than a default by the Seller or
a catastrophic event beyond the reasonable control of the Purchaser, the Escrow
Agent shall release the earnest money to the Seller as actual damages for the
Purchaser's failure to close, and the Parties shall have no further obligation to one
another under this Agreement. In the event the Seller fails to close within fifteen
(15) days after the established closing date as set out above for any reason, to
include any failure to deliver good and marketable title to the real property, the
Escrow Agent upon request of Purchaser shall release the earnest money to the
Purchaser and the Parties shall have no further obligation to one another under
this Agreement.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and
1
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
twenty (120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301
Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties
in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Special Warranty Deed ("Deed") in favor of Purchaser conveying
title to the Property, free and clear of all liens and encumbrances other
than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 Purchaser shall pay the Purchase Price less the deposit and any
prorations and adjustments by wire transfer into Seller's designated
account with immediately available funds on the Closing Date. No funds
shall be disbursed to Seller until the Title Company verifies that the state
of the title to the Property has not changed adversely since the date of
the last endorsement to the commitment, referenced in Section 4.011
thereto, and the Title Company is irrevocably committed to pay the
Purchase Price to Seller and to issue the Owner's title policy to
Purchaser in accordance with the commitment immediately after the
recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Deed, in accordance with Chapter 201.01, Florida
Statutes. The cost of recording any instruments necessary to clear Seller's title to
the Property shall be paid by Purchaser. The cost of the Owner's Form B Title
Policy, issued pursuant to the Commitment provided for in Section 4.011 below,
shall be paid by Purchaser. The cost of the title commitment shall also be paid by
Purchaser.
3.03 Purchaser shall pay for the cost of recording the Deed. Real Property taxes
shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions
2
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
and paid by Purchaser. If Closing occurs at a date which the current year's
millage is not fixed, taxes will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(AL TA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title together with Seller's receipt of a legible copy of the exception objected to,
Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use reasonable efforts
to make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
3
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property. Purchaser shall cause no encumbrances or liens to be filed against the
Property due to and or arising out of Purchaser's due diligence activities and
inspection of the Property. This provision shall survive a termination of the
Agreement
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2008 taxes, and shall be
paid by Purchaser.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon the deposit of $25,000 shall be paid to
Seller as liquidated damages which shall be Seller's sole and exclusive remedy,
and neither party shall have any further liability or obligation to the other except as
set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties
acknowledge and agree that Seller's actual damages in the event of Purchaser's
default are uncertain in amount and difficult to ascertain, and that said amount of
liquidated damages was reasonably determined by mutual agreement between
the parties, and said sum was not intended to be a penalty in nature.
9.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
4
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
9.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Purchaser has the full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required
of each hereunder. All necessary authorizations and approvals have been
obtained authorizing Purchaser to execute and consummate the transaction
contemplated hereby. At Closing, copies of such approvals shall be delivered
to Seller, if necessary.
10.012 Seller is presently the subject of a pending Chapter 11 Bankruptcy
proceeding in the United States Bankruptcy Court For the District Of Delaware.
Seller has the full right and authority to enter into and to execute this
Agreement and to undertake all actions and to perform all tasks required of
each hereunder subject to approval of the United States Bankruptcy Court For
the District Of Delaware. At Closing, copies of such approvals shall be
delivered to Purchaser, if necessary.
10.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing.
10.014 Except for the Chapter 11 proceedings with the United States
Bankruptcy Court in the District of Delaware, Seller represents that it has no
knowledge of any actions, suits, claims, proceedings, litigation or
investigations pending or threatened against Seller, at law, equity or in
arbitration before or by any federal, state, municipal or other governmental
instrumentality that relate to this agreement or any other property that could, if
continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 DELETED
10.018 DELETED
10.19 DELETED
10.20 DELETED
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
5
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 DELETED
10.023 "As Is" Condition of Property. The Property is being sold in an "as in"
condition and "with all faults" as of the date of this Agreement and as of
Closing. Except as may be expressly set forth in this Agreement, no
representations or warranties have been made or are made and no
responsibility has been or is assumed by Seller or by any partner, officer,
person, firm, agent or representative acting or purporting to act on behalf of
Seller as to the condition or repair of the Property or the value, expense of
operation, or income potential thereof or as to any other fact or condition which
has or might affect the Property or the condition, repair, value expense of
operation or income potential of the Property. Seller makes no
representations or warranties, express or implied, as to the suitability or fitness
of the Property for Purchaser's intended use of the Property or, except as may
be specifically set forth herein, the environmental condition thereof. The
parties agree that all understandings and agreements heretofore made
between them or their respective agents or representatives are merged in this
Agreement and the Exhibits hereto annexed, which alone fully and completely
express their agreement, and that this Agreement has been entered into after
full investigation, or with the parties satisfied with the opportunity afforded for
investigation, neither party relying upon any statement or representation by the
other unless such statement or representation is specifically embodied in this
Agreement or the Exhibits annexed hereto. To the extent that Seller has
provided to Purchaser information from any survey, title examination or policy,
inspection, engineering or environmental reports or any other materials or
information regarding the Property, including reports concerning asbestos or
harmful or toxic substances, Seller makes no representations or warranties
with respect to the accuracy or completeness, methodology of preparation or
otherwise concerning the contents of such reports. Purchaser acknowledges
that Seller has requested Purchaser to inspect fully the Property and
investigate all matters relevant thereto and to rely solely upon the results of
Purchaser's own inspections or other information obtained or otherwise
available to Purchaser, rather than any information that may have been
provided by Seller to Purchaser. The terms and provisions of this paragraph
shall survive Closing hereunder.
10.024 Only to the extent allowed by Section 768.28, F.S., Purchaser
releases and agrees to indemnify, defend, and hold Seller harmless from any
present or future claims arising from or relating to the presence or alleged
presence of asbestos or harmful or toxic substances in, or, under or about the
Property including, without limitation, any claims under or on account of (a) the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as the same may have been or may be amended from time to time, and
similar state statutes, and any regulations promulgated thereunder, (b) any
other federal, state or local law, ordinance, rule or regulation, now or hereafter
in effect, that deals with or otherwise in any manner relates to, environmental
matters of any kind, or (c) this Agreement or the common law. The terms and
provisions of this paragraph shall survive Closing hereunder.
6
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
10.025 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone Number
Telephone number: 239-252-8991
Fax number: 239-252-8876
Jennifer A. Belpedio
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Paul J. Erhardt
WCI Communities, Inc.,
24301 Walden Center Drive
Bonita Springs, FL 34134
Telephone number: 239-498-8200
Fax number: 239-949-0233
Kenneth Y. Gordon
Associate General Counsel
WCI Communities, Inc.,
24301 Walden Center Drive
Bonita Springs, FL 34134
Telephone number: 239-498-8680
Fax number: 239-390-3624
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Purchaser and Seller represent and warrant to each other that they have
not contacted a broker or salesman in connection with this transaction. Seller
hereby agrees to indemnify and hold Purchaser harmless from and against any
c1aims(s) of any other person(s) asserting a right to a commission in connection
with this transaction by virtue of dealing with the Seller.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
7
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
16G4
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13.11. In connection with Purchaser's development and or use of the Property,
Purchaser agrees that it shall install a landscape buffer that meets the minimum
requirements of the Land Development Code. Purchaser agrees to install
lighting that meets the minimum requirements of the Land Development Code and
the Federal Aviation Administration design standards. This provision shall
survive the Closing and conveyance of the Deed.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
8
1664
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
XV. UNITED STATES BANKRUPTCY COURT APPROVAL CONTINGENCY
15.01 Seller is presently the subject of a pending Chapter 11 Bankruptcy
proceeding in the United States Bankruptcy Court For the District of Delaware.
Seller has the full right and authority to enter into and to execute this Agreement
and to undertake all actions and to perform all tasks required of each hereunder
contingent upon and subject to approval of the United States Bankruptcy Court For
the District Of Delaware. The Bankruptcy Court shall have entered the Sale Order
pursuant to the Bankruptcy Code (title 11 of the United States Bankruptcy Code,
11 U.S.C. Sections 101. et seq.) in the form reasonably acceptable to Seller and
Purchaser approving the transaction contemplated hereby and the terms and
conditions of the Agreement. This Agreement is contingent upon the approval
of the United States Bankruptcy Court For the District Of Delaware, as well
as approval by Seller's Board of Directors. At Closing, copies of such
approvals shall be delivered to Purchaser, if necessary.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:~
~clo.. \-k"l1\ 4:1 Iv G <{
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT E, B:ROOl$l,Clerk
,,_l" ........ . .-.'.~. ;'~;"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. -;;;.-;
:~. ,:.':. ,l.
OJ At";l .. tO~~erk
11Ql1lt~ ~l~.':o'
AS TO SELLER:
DATED:
'," l"7 - , .-:<;
WITNESSES:
-R~9 ~ j
(Signature)
"-:>
l..p.-...-",--. CV2.....-<..1 Af.?,./p {-
(Printed Name)
WCI COMMUNITIES, INC., a Delaware
corporation
~
'--......
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,
~,,~0/~ ,x. ' ~ a{'t:~
(Signature)
tle.f\{<=:>t L L-a Vt tj
(Printed Name)
~
B~"'- C- --
Timothy Oak, Vice President
Approved as to form and
legal sufficiency:
Item #
Agenda 1\ 1(' ~(J
Date u:::l.Ub
~c~
Jenn r A. Belpedio
Assistant County Attorney
~:d ~\'--V::t1)~
9
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
1664
Exhibit "A"
Tract Q, MARCO SHORES UNIT ONE, according to the plat thereof as recorded in Plat
Book 14, Pages 33-38, inclusive, of the Public Records of Collier County, Florida, LESS
AND EXCEPT THAT CERTAIN PROPERTY DESCRIBED BELOW:
Beginning a the northeast corner of said Tract "Q";
Thence along the east line of said Tract "Q" South 11059'55" East 332.93 feet to a
point on the north right of way line of Mainsail Drive according to the plat of said
Marco Shores Unit One;
Thence along said right of way line South 7r54'19" West 131.94 feet;
Thence leaving said right of way line North 12000'24" West 307.62 feet to a point
on the boundary of said Tract "Q";
Thence along said boundary in the following two (2) described courses,
I. North 24045'16" East 7.32 feet;
2. North 69014'17" East 129.11 feet to the Point of Beginning of the parcel herein
described;
Bearings are based on the east line of said Tract "Q" being South 11059'55" East.
10
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 18, 2008
1611
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes;
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Affordable Housing Commission;
Minutes of August 4. 2008.
Airport Authoritv;
Minutes of August 11,2008.
Animal Services Advisorv Board:
Minutes of September 16,2008.
Collier Countv Coastal Advisorv Committee:
Minutes of August 14, 2008; September 11, 2008.
Collier Countv Citizens Corps:
Agenda of September 17, 2008.
Minutes of September 17, 2008.
Collier Countv Planning Commission:
Agenda of October 16, 2008.
Minutes of August 21, 2008; August 28, 2008 LDC;
August 29,2008 GMP; September 4,2008.
Contractors Licensing Board;
Minutes of September 17, 2008.
Development Services Advisorv Committee:
Minutes of September 3, 2008.
Emergencv Medical Services Advisorv Council:
Minutes of September 19,2008.
lmmokalee Enterprise Zone Development Agencv:
Agenda of October 15,2008.
Minutes of September 17, 2008
16 11 .i
II) Immokalee Local Redevelopment Advisory Board:
Agenda of October IS, 2008 w/IMPVC; October 15, 2008.
Minutes of September 17, 2008; September 17, 2008 w/IMPVC;
September 25,2008 Workshop w/IMPVC.
12) Land Acquisition Advisory Committee;
Minutes of September 8, 2008.
13) Librarv Advisory Board;
Agenda of October 21,2008.
Minutes of September 16, 2008.
14) Ochopee Fire Control District Advisory Committee:
Minutes of May 12,2008.
IS) Parks and Recreation Advisory Board:
Minutes of September 17,2008.
16) Pelican Bav Services Division Board:
Minutes of July 2, 2008; August 12, 2008; September 3, 2008.
a) Clam Bay Committee:
Minutes ofJune 18,2008.
17) Rural Lands Stewardship Area Review Committee:
Minutes of September 30, 2008; October 7, 2008.
B. Other:
I)
Code Enforcement Special Magistrate:
Minutes of October 3, 2008.
v-----
19b4T08 1 A 1
~oa((! ,11 C.Juni,' Gorlmissioners.
MINUTES OF THE MEETING OF THE COLLIER COUNTY
E .AFFORDABLE HOUSING ADVISORY COMMITTEE
RECIVED Fiala 0':::
Del 111 2008 Halas '
Henning
Coyle
Coletta ~ /
Naples, Florida, August 4, 2008
LET IT BE REMEMBERED, that the Collier County Affordable Housing
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at 3:00 P.M. in REGULAR SESSION in the BCC
Chambers, Building "F," 3rd floor, of the Government Complex, Naples, Florida,
with the following members present:
CHAIRMAN:
Vice-Chair:
Kenneth Kelly
Stephen Hruby
Cormac Giblin (Excused)
Brian Goguen (Excused)
Christine Jones (Excused)
Sally Masters
James Pusateri
Bradley Schiffer
Fred Thomas
James Warnken
Chris Spencer-Alternate (Absent)
ALSO PRESENT:
Marcy Krumbine, Director, Housing & Human Services
Frank Ramsey, Housing Manager
Margo Castorena, Federal Grants Manager
Priscilla Doria, SHIP Loan Processor
Mile. CoRea:
Date: I \/l q, lot
Item #-1 ~I (1")4-1
rn01~S to
1. Call to Order
The meeting was called to order by Chairman Ken Kelly at 3;05 PM.
Chairman Kelly read the procedures to be followed during the Meeting.
16 J AU[Sk41
.....'
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2. Introduction of Committee Members and Staff
A quorum was established.
3. Approval of Minutes
Jim Warnken questioned whether RFPs for acquisition/rehabilitation were restricted solely
to non-profit companies or if for-profits could also participate as noted on Pages 2 and 4 of
the July 7, 2008 Minutes.
Marcy Krumbine clarified that Request for Proposals are available to both for-profit as well
as non-profit companies for solicitation.
James Pusateri moved to approve the Minutes of the Meeting of July 7,2008 as clarified.
Second by Sally Masters. Carried unanimously, 7-0.
4. Approval of Agenda
Stephen Hruby moved to approve the Agenda. Second by James Pusateri. Carried
unanimously, 7-0.
Buddy Ramsey stated there were excused absences for Christine Jones, Cormac Giblin
and Brian Goguen.
5. Information Items
A. Disaster Recovery Initiative (DR!) - Lisa Oien & Tammy Hammer
Due to the devastation caused by Hurricane Wilma in 2995, the Florida Department of
Community Affairs (DCA) obtained federal funding for disaster relief and distributed
those funds to the hardest hit counties. Collier County was one of 11 southern counties
to receive aid.
. Four hurricanes struck Florida ("Dennis," "Katrina," "Rita," and "Wilma")
. 39 counties in Florida were classified as federal disaster areas by the end of the
2005 "hurricane season"
. Collier County received $5,145,580.15 in two rounds offunding
. Round One Funding ($2, 339,882.00) was distributed to six non-profit companies;
One by One
Empowerment Alliance of Southwest Florida (EASF)
Collier County Housing Development Corporation (HDC)
St. Matthew's House
Immokalee Non-Profit Housing (INPH)
Collier County SRA (rehab program)
. Round Two Funding ($2,814,698.15) was distributed to;
I Hope
HDC
St. Matthew's House
INPH
Front Porch
Collier County Single Family Rehab (SFR)
(with preference to: CRA-lmmokalee and CRA-Bayshore/Gateway)
2
August 4, 2008
161
lA 1
Funded oroiects:
. One by One will demolish and build three homes;
. Empowerment Alliance of Southwest Florida will establish infrastructure for
Hatcher's Preserve where 22 homes will be built; preference will be given to
displaced homeowners;
. Collier County Housing Development Corporation purchased and installed 3
generators for the Village of Copeland's water and sewage lift stations which
were destroyed (both rounds of funding were used);
. St. Matthew's House is installing a generator and impact-safe glass at its Center;
. lmmokalee Non-Profit Housing is installing impact resistant windows in the
Timber Ridge and Saunders Pines communities (houses are rented to very-low
and low-income families);
. I Hope will demolish 2 homes and rebuild as "green";
. St. Matthews House will install gutters and "harden" the Auxiliary Dining Room
by installing permanent windows and shutters (could be converted into an
emergency shelter if needed);
. lmmokalee Non-Profit Housing will install a new roof and windows at the Timber
Ridge Recreational Center
. Front Porch is replacing 100 windows and repairing the roof at the lmmokalee
Apartments
To Qualifv for assistance under the Sinrde Familv Rehab [Jrozram;
. The homeowner must meet income requirements
. The homeowner must have a 12-month history of on-time mortgage payments
. The homeowner must use the home as a primary residence
. The value of the home is less than $300,000
Aoolications will be available on the Countv's website.
. The cap for rehab is $50,000 per home (replacement windows/doors, installing
shutters, mold mitigation, etc.)
. The cap for replacement is $175,000 per home (including demolition)
Suggestions were made by Chairman Kelly and Marcy Krumbine regarding advertising
for the program.
B. Local Housing Assistance Plan (LHAP) Amendment - Buddy Ramsey
Buddy Ramsey stated an Amendment to the Local Housing Assistance Plan (LHAP) was
presented to the BCC at its July 22nd meeting and was approved. This amendment will
permit funds to be used for the acquisition and rehabilitation of foreclosed homes, as
directed by the BCC. Five applications have been received.
C. Consolidated Annual Performance Evaluation and Review ("CAPER")
Margo Castorena stated deadline for submission of the CAPER report is September 28,
2008. It will be submitted to the BCC at its September 23rd meeting for review and
approval. Ads will be published in the Naples Daily News on August 21, 2008 and a
public review/comment period will follow two weeks later.
3
1 ~Just 4. J.o~ 1
She further stated the CAPER is a summation of progress under the previous Action Plan
year. The CAPER will detail accomplishments, future goals, and the "learning curves"
involved in implementing various programs.
Marcy Krumbine stated the Committee members will be notified when the 200-page
draft is completed, and the two-page Executive Summary will be emailed to them.
D. Foreclosure Strategy and Applications
Margo Castorena stated the Foreclosure Application Request for Proposals was closed
on Friday, August I st, at 4;00 PM and five proposals have been received. Applicants
include Homes RETEASF, Habitat for Humanity, and the Housing Development
Corporation. The proposals range from the mid-$I 00,000 to $1.2 Million. There is
approximately $1,688,000. available in federal funding.
She further stated the Selection Committee will meet on Wednesday, August 6, 2008, to
score and rank the applications. Both Christine Jones and Sally Masters are members of
the Selection Committee.
When questioned regarding the availability of a report concerning the selection process,
Buddy Ramsey stated that topic would be added to the Agenda for the next Committee
meeting. He also stated the Selection Committee's meeting had been advertised because
two members from the Affordable Housing Advisory Committee were attending.
E. Report from Affordable Workforce Subcommittee - Stephen Hruby
Stephen Hruby stated the Subcommittee meeting was held on July 30th and reported the
following;
. Focus of meeting; Density Bonus and its impact on affordable housing
. Nationwide "Best Practices" were researched and reviewed
. The State of California's guidelines for affordable housing incentives were used
as a framework for local issues
. Most of the Density Bonus programs offered a specific percentage set-aside; some
were mandatory, most were voluntary
. California's sliding scale offered easy calculation of the percentages
. A higher incentive and bonus was offered for the lower income housing that was
provided, as well as for providing more housing
. The percentages did not appear to be market driven and the Subcommittee
determined more input was needed from community and the industry to find the
correct percentages for the bonuses
. A process is necessary for community input and should be the responsibility of the
developer seeking bonuses; the process should be driven by specific guidelines to
obtain community consensus regarding the project
. Most of the "best practices" dealt with both rental and home ownership while there
is a strong home ownership bias in this area
. Other "best practices" reviewed:
o "Opting out" would allow a developer to donate land instead of building
units (whether in the actual development or near it)
o Allowing for payment "in lieu of" ~ could buyout for "real cost" which was
the difference between the market rate and the affordable house
4
1 ~uL 4,2J8 A 1
. The California model provided other layered incentives and waivers (i.e., parking,
set-back) [which mayor may not apply to the local market]
. Design and integration ofthe affordable housing units within the development to not
"appear" as having less quality than the market rate houses
. The California model was administered by Staff and did not require approval by a
Board of County Commissioners
. Re: Three-Year Evaluation Report, the Subcommittee is preparing an overview of
its work and will present the report to the BCC in January, 2009
. Next Subcommittee meeting; 08/22; Topic; Housing Trust Funds
F. Report from Supply and Demand Subcommittee - Sally Masters
Sally Masters stated the mission of the Subcommittee:
. Define the current inventory of affordable housing;
. Ensure an adequate supply of affordable housing will be available in the future;
. Demonstrate the current need for affordable housing, and
. Determine the types of housing needed.
She further stated the Subcommittee reviewed the Affordable Housing Workshop which
had been presented to the BCC in March, 2008. One goal is to change the mapping criteria
to align with the Multiple Listing Service ("MLS") geographic areas. The Subcommittee
will investigate the possibility of capturing owner occupied rentals through Code
Enforcement's requirement for registration to evaluate the need for affordable rental units.
G. Foreclosures in Collier County - Buddy Ramsey
Buddy Ramsey stated a presentation was made to the BCC at its July meeting concerning
the effect of the escalating foreclosures on Collier. The concern was for the (approximate)
700 homes per month being reported as going into foreclosure and how those abandoned
properties would be secured and maintained. It was suggested to create a Property
Preservation Authority. The Sheriffs Department stated i1 could not adequately protect the
amount of abandoned properties. The BCC directed Staff to prepare a report.
He suggested the Supply and Demand Subcommittee might also consider this subject. He is
in the process of verifying the actual number offoreclosures per banJe
There was a discussion concerning how this proposed program would be funded as well as a
comparison of Collier's foreclosures with those of Lee County. It was suggested the
maintenance of swimming pools should also be included in any program to monitor
abandoned properties since it can become a health as well as safety issue for the
community. A question was asked about the value of the foreclosed home and whether the
properties were in the range of affordable housing. It was suggested the high numbers of
foreclosures could be directly attributed to the speculation market - i.e., one individual
owning 10 to 15 properties.
H. Sunshine Law Training - Buddy Ramsey
The County Attorney's Office scheduled a Sunshine Law training course for August 18,
2008.
5
lkJuoJ A' 1
6. Discussion of September meeting schedule
Since the Labor Day Holiday falls on September I sl which is the first Monday of the month,
the regular meeting cannot be held. The two Subcommittee's meetings will be held as
scheduled.
Fred Thomas moved to not schedule an Advisory Committee meeting in September.
Second by Brad Schiffer. Carried unanimously, 7-0.
Next Meeting - October 6, 2008 at the BCC Chambers.
There being no further business for the good of the County, the meeting was adjourned by
order of the Chair at 4:12 PM.
Collier County Affordable Housing Commission
\, c:--->~~;:-
KenneTh Kelly, Chairman
These Minutes were approved by the Board/Committee Chair on (!(11obe, r u/ J- 00 f
as presented v , or as amended
6
Fiala
Halas
Henning
Coyle
Coletta
16 , R.Ei ~41fD
FFORDABLE HOUSING ADVISORY COMMITTE ~,'Ih
UPPL Y & DEMAND SUB-COMMITTEE MEETING
3301 Tamiami Trail E - Building H ,"oar,) of County Commissioners
Wednesday, July 23, 2008 @ 9:00 AM
AFFORDABLE HOUSiNG ADVISORY COMMITTEE MEMBERS IN ATTENDANCE
Sally Masters
Christine Jones
Bradley Schiffer
Ken Kelly
Po;
COLLIER COUNTY STAFF IN ATTENDANCE
Frank Ramsey
Priscilla Doria
1. Call to Order/Roll Call by Frank Ramsey
. Quorum was present
2. Introduction of Commission members and staff
3. Approval of the Agenda
. Agenda approved unanimously
4. Selection of Sub.Committee Chairperson
. Sally Masters selected as Chairperson of sub-committee
5. Discussion on Sub.Committee Mission and Objective
. Define current inventory of affordable housing
. Ensure adequate supply of affordable housing available in the future
. Demonstrate current need for affordable housing
. Determine the types of housing needed
6. Review March 2008 Affordable Housing Workshop
. Change mapping criteria to align with Sunshine MLS areas
. Investigate ability to capture owner-occupied rental through registration with Code
Enforcement
. Need for affordabie rental units
. Need to capture local demand for affordable housing
. Capitalize on foreclosure market to benefit affordable housing
7. Discussion on Future Actions
. Revise mapping criteria
. Revisit Shimberg data
. Foreclosure market how to identify units early and can they be used to benefit affordable
housing
. Identify number of people currently seeking affordable rentals and homeownership units
. Use County website as information portal
8. Adjourn -10:50am
Misc. CoIJes:
Dale:
8. Next Meeting - August 13, 2008 @ 9:00am
Approved and submitted: ",~{-;(YV1?~
Sally Mast~
ltem#:
',~r!ns to
RECEIVED
OCT 0 9 2008
161
Hnanj ('I (;r)(Jf1ry CnmtJlisslonr_rs
AFFORDABLE HOUSING ADVISORY COMMITTEE
HOUSING INCENTIVE SUB.COMMITTEE MEETING
3301 Tamiami Trail E - Building H
Wednesday, August 22,2008 @ 9:00 AM
\jA'"
~alas
Henning
Coyle
Coletta
AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERS IN ATTENDANCE
Steve Hruby
James Warnken
James Pusateri
COLLIER COUNTY STAFF IN ATTENDANCE
Frank Ramsey
Priscilla Doria
1. Call to Order/Roll Call by Steve Hruby
. Quorum was present
2. Introduction of Commission members and staff
3. Approval of the Agenda
. Agenda approved unanimously
4. Discussion on Housing Trust Funds
. Flexibility allows assistance programs to change as needed
. Needs a dedicated revenue stream to ensure funding
. Important to establish Trust Fund using national best practices
5. Dedicated Revenue Sources
. Utility Excise Tax
. Other specialty tax (i.e. hotel tax, sales tax, etc).
. Real estate transfer tax at the local level
. Private donations that would be tax deductible for donor
. Public fund raising group similar to Naples Wine Festival
. Need for legal review of funding options
6. Adjourn
8. Next Meeting -
Approved and submitted:
Mise, Corres:
Date:
Item #
:"'i\pi<?'3 to'
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f----
RF, r;EIVED Fiala \)F (..J1L
" . '. Halas ~/-.L I -" ,
OCT 0 9 2008 Henning -r I <......
Coyle
Board QICountv Commissioners COLLIER COUNTY AIRPORT AUTHORITY CO~i ""(t2-;;.
MINUTES OF REGULAR MONDAY, AUGUST 11,2008 ME-1 ~dl IT 2
v/
MEMBERS Steve Price Michael Klein Frank Secrest Lloyd Byerhof
PRESENT: Jim Murray Dave Gardner
STAFF: Theresa Cook Jim Kenney Debi Mueller Bob Tweedie
Debbie Brueggeman Heidi Ashton-Cicko
PUBLIC: Robert Breeder Kim Walker Mel Reinhart Peter Cruz
I. MEETING CALLED TO ORDER
Meeting called to order at I ;00 p.m. A quorum was present throughout the meeting.
III. APPROVAL OF AGENDA
The following item was added to the Agenda under X New Business;
J. Resolution 08-43 approving and authorizing the Authority's Chairman to execute two
(2) agreements (FNG Form 35-R and the Authority's Limited Use Bare License
Agreement) with the Florida Army National Guard for a four (4) acre parcel ofland
at the Immokalee Regional Airport for the storage of construction equipment, military
vehicles, and related equipment, whereby the Authority would receive assistance as
needed with emergency preparedness and response.
Mr. Byerhofthen made a motion to approve the agenda as amended. Mr. Gardner
seconded, and the Agenda, with the above addition, was approved by a 6-0 vote.
IV. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BROWNFIELD PRESENTATION
Ms. Kim Walker, Florida Brownfields Liaison, Florida Department of Environmental
Protection presented information regarding Florida's Brownfield Redevelopment
Program, brownfield redevelopment success stories, the "Brownfield" designation and
potential funding opportunities.
V. APPROVAL OF JUNE 9, 2008 MINUTES
The following paragraph was added to the Authority's June 9, 2008 minutes, at the end of
section VIII. NEW BUSINESS, F;
Mr. Price indicated that the County Manager and the BCC should bemade aware of
the speculative nature of this investment as there current! yare no pJj!;)'ietffi~henants
who have demonstrated to the Airport Authority a desire and abilitYd:\le"ub-lease this ~ l ~ I ~
facility at a fair market rent. He also stated that if the BCC wished,to m, e, IS \ I :'\,li..
lerr #_____J..!ihL \ f' )-
CCAA Minutes August II, 2008
UH pafA
2
investment as an economic incentive to development at the Immokalee Regional
Airport, he would support the decision, but only if they were fully informed. The
Authority members concurred, and the Executive Director was charged with clearly
communicating the speculative nature of this investment to Mr. Mudd.
Mr. Byerhofthen made a motion to approve the June 9, 2008 minutes, as amended. Mr.
Gardner seconded, and the June 9, 2008 minutes, with the above addition, were approved
by a 6-0 vote.
VI. FINANCE REPORT - APRIL 2008
There were no questions regarding the May 2008 or Quarter ended June 30, 2008 finance
reports. It was confirmed that Jet A fuel sales in Immokalee are likely lower than last
year because there were fewer fires this year. Mr. Murray commended staff on the
completeness and clarity of the finance reports, indicating he appreciates the effort
required to generate these reports. No action required.
VII. WORK ORDER/AGREEMENTS STATUS REPORT
The work order status report provides an update of the outstanding work orders and
contracts/agreements, including payments made to date. No action required.
VIII. EXECUTIVE DIRECTOR'S REPORT
The Executive Director discussed the following items:
Marco Island Executive Airport. The closing on the acquisition of the 2.73 acres from
WCI Industries has been delayed because ofWCI's Chapter II filing. Following the
acquisition of the 2.73 acres from WCI, the design of the parking/apron expansion will
need to be revised to incorporate the 2.73 acres. The design for the taxiway is due by
December 2008. Fill dirt needed for the construction projects at the Marco Airport may
be available from the City of Marco Island and/or Fiddler's Creek.
Immokalee Regional Airport. The Bayshore Gateway Triangle Community
Redevelopment Agency (CRA), the Immokalee CRA, the Airport Authority and the
Economic Development Council are researching the possibility of forming a brownfield
coalition in order to take advantage of potential federal funding opportunities. The
Authority has received a "Letter of Conditions" for the $495,000 USDA grant for the
20,000 square foot manufacturing facility. Boundary surveys have been completed for
the 103 and 108 acre parcels ofland needed for the near-term (1-5 years) extension of
Runway 9/27 and the preservation of land for future runway needs. Collier County Real
Estate Services has completed an appraisal of the 103 acres. The Master Plan has been
submitted to the Federal Aviation Administration for review.
Everglades Airpark. The hurricane damaged residential dwelling and hangar building
have been torn down. The Collier County Purchasing Department delayed the bidding
for the hangar building because the County is adding local preference to the bid package.
The Authority is working on the permit requirements for the south taxiway.
Y:\Administrationl4A Bow'dIMinutes\OS-1/-08 minules.docx
CCAA Minutes August 11,2008
161 paU2
Executive Director's Performance Evaluation. The Executive Director's performance
evaluation is due in September 2008. Performance evaluation criteria, based on that
utilized by the Naples Airport Authority for the Executive Director and Managers, were
distributed to the Authority Board members for their use in evaluating the Authority's
Executive Director's performance during fiscal year 2008.
IX. OLD BUSINESS
Staff recommended that Resolution No. 08-30 recommending the BCC approve and
authorized its Chairman to sign a Resolution superseding Resolution No. 04-82 to request
that the Florida Department of Environmental Protection allow the lmmokalee Regional
Airport to voluntarily withdraw from participation in the Brownfield Program NOT be
approved. No one made a motion to approve Resolution No. 08-30.
X. NEW BUSINESS
A. Mr. Murray made a motion to approve Resolution No. 08-34 required by the United
States Department of Agriculture to apply for and receive Rural Business Enterprise
Grant funds stating that the project will not be transferring job/employment,
producing goods/services where there is no demand, and will obtain Labor
Department clearance, subject to ratification by the County Manager and Collier
County Board of County Commissioners. Mr. Klein seconded, and Resolution No.
34 was approved unanimously, subject to ratification by the County Manager and the
BCC.
The Authority wants to ensure that the County Manager and the BCC are fully aware
of the limitations that the USDA "grant conditions" place on the proposed 20,000
square foot manufacturing facility.
B. Mr. Byerhofmade a motion to approve Resolution No. 08-35 affirming the Board of
County Commissioner's approval of an after-the-fact acceptance of a Federal
Aviation Administration Grant Agreement in the amount of$201,875 for the design,
permitting, and bidding of a taxiway and aircraft apron south expansion at the Marco
Island Executive Airport. Mr. Secrest seconded, and Resolution No. 08-35 was
approved unanimously.
C. Mr. Byerhofmade a motion to approve Resolution No. 08-36 approving and
authorizing the Authority's Executive Director to execute Q. Grady Minor and
Associates, P.A. Work Order # QGM-FT-3969-08-l9 in the amount of $3,872.50 for
engineering and surveying services for the proposed twenty-five (25) acre Florida
Army National Guard sub-lease area at the lmmokalee Regional Airport. Mr. Murray
seconded, and Resolution No. 08-36 was approved unanimously.
D. Mr. Murray made a motion to approve Resolution No. 08-37 approving and
authorizing the Authority's Executive Director to execute Q. Grady Minor and
Associates, P.A. Work Order # QGM-FT -3969-08-20 in the amount of $1,990 for
engineering and surveying services for the purchase of 2.73 acres of land, know as
tract Q, adjacent to the Marco Island Executive Airport, subject to the Authority's
V-\AdministrationIAA Boardl/t4inutes\08-11-08 minutes. doc>:
CCAA Minutes August 11,2008
1-6-1
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Executive Director issuing a Notice to Proceed after it has been determined that the
purchase will proceed in light ofWCI's pending bankruptcy. Mr. Klein seconded,
and Resolution No. 08-37 passed unanimously, subject to the Authority's Executive
Director issuing a Notice to Proceed after it has been determined that the purchase
will proceed in light ofWCl's pending bankruptcy.
~l~:,
E. Mr. Byerhof made a motion to approve Resolution No. 08-38 terminating the Sub-
lease Agreement with Salazar Machine & Steel, Inc. approved by the Authority on
November 13, 2006, Resolution 06-44, by the BCC on December 12,2006, Agenda
Item No. 16(G)4, and executed by the BCC on December 20,2006, per the terms of
paragraph 2.c. ofthe Agreement. Mr. Murray seconded, and Resolution No. 08-38
passed unanimously.
F. Mr. Klein made a motion to approve Resolution No. 08-39 affirming the BCe's
approval of Resolution No. 2008-191 authorizing the Airport Authority to apply for a
$495,000 USDA Rural Business Enterprise Grant (RBEG), and the Authority's
Executive Director to sign all related documents to consummate the grant for an
eligible RBEG project at the Immokalee Regional Airport. Mr. Secrest seconded, and
Resolution No. 08-39 was approved unanimously.
G. Resolution 08-40 approving and authorizing the Authority's Executive Director to
execute URS Corporation Work Order # URS-FT-3889-08-06 in the amount of
$5 I ,866 for engineering service required for a Site Development Plan (SDP) for a
20,000 square foot manufacturing facility at the Immokalee Regional Airport,
contingent upon award of a USDA grant and conditions, was tabled.
H. Mr. Byerhofmade a motion to approve Resolution No. 08-41 approving and
authorizing the Authority's Executive Director to execute Q. Grady Minor and
Associates, P.A. Work Order # QGM-FT-3969-08-21 in the amount 0 $12,115 for
engineering and surveying services required for the extension of Runway 9/27 at the
Immokalee Regional Airport. Mr. Klein seconded, and Resolution No. 08-4 I was
approved unanimously.
1. Mr. Murray made a motion to approve Resolution No. 08-42 approving and
authorizing the Authority's Executive Director to executed Passarella & Associates
Work Order # P AS-FT -4168-08-02 in the amount of $26,000 for ecological services
for an Environmental Impact Statement (EIS) required by Collier County for the
extension of Runway 9/27 at the Immokalee Regional Airport. Mr. Secrest seconded,
and Resolution No. 08-42 was approved unanimously.
J. Mr. Byerhof made a motion to approve Resolution No. 08-43 approving and
authorizing the Authority's Chairman's to execute two (2) agreements (FNG Form
35-R) and the Authority's Limited Use Bare License Agreement) with the Florida
Army National Guard for a four (4) acre parcel of land at the Immokalee Regional
Airport for the storage on construction equipment, military vehicles, and related
equipment, whereby the Authority would receive assistance as needed with
emergency preparedness and response. Mr. Klein seconded, and Resolution No. 08-
43 was approved unanimously.
L IAdministration\AA Board\Minutes\08-1 J -os minules.docx
CCAA Minutes August 11, 2008
16/
X. ADJOURNMENT
The meeting was adjourned "without objection."
COLLIER COUNTY AIRPORT AUTHORITY
COLLc;:JTY' FLORlDA
Stephen L. Price, Chairman
Y:l4dministrationlAA BoardlMinutes\08-1 1-08 minutes.docx
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MINUTES OF THE MEETING OF COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, September 16, 2008
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
Naples, Florida with the following members present:
CHAIRMAN: Michele Antonia
Marcia Breithaupt
Dr. Ruth Eisele
Sergeant David Estes (absent)
Tom Kepp, Jr.
Sabina Musci
Jim Rich
ALSO PRESENT:
Amanda Townsend, Interim Director
Nan Gerhardt, Shelter Operations Manager
Ka~lene Drew, Vol~~eer ~oordinat~rrEAS
Halley Alonso, AdmInistratIve AsstlilArtf,"nAS
Gisela Rowley , Volunteer, DAS Date: II / l C{, I ~
Item #l~ 1.-[ l)A ~
Copies to
SeptemtR6,to081 A.r-3
I. Call to Order
Chairman Michele Antonia called the meeting to order at 6:33 P. M.
II. Roll Call
Attendance was taken and a quorum established.
III. Approval of Agenda
Sabina Musci moved to approve the agenda. Second by Marcia Breithaupt.
Carried unanimously, 6-0.
IV. Approval of Minutes: June 17, 2008
Change: V-B - Page 4 Departmental Statistics and Reports -
First line should read, "leave" their pets
(Jim Rich commented "leaving their animals" should read,
"leaving their animals outdoors. ")
V-C - Page 4 Update Board on Animal Foster Program -
Should read Collier Spay((i Neuter Clinic
? Coccidian - correct spelling is: "Coccidia. "
V-C - Page 5 Update Board on Animal Foster Program -
Corrected spelling of Michele Antonia's name.
VIII - Page 4 Advisory Board Member Comments -
Corrected spelling of Sabina Musci's name.
VIII - Page 6 Advisory Board Member Comments -
Should read puppy "mill. "
Jim Rich moved to approve the Minutes of July 15, 2008, as amended. Second
by Dr. Ruth Eisele. Carried unanimously, 6-0.
V. Old Business
A. Director's Report
Amanda Townsend, Interim Director, announced on September 9, 2008 the
"Amended" Animal Control Ordinance 93-56 and the Resolution of Collier
County DAS Fees have been approved by the Board of County Commissioners.
Copies were provided to the Advisory Board. See attached.
She stated the amended Ordinance was almost a 100% re-write and pointed out
the Penalty Section contained the following:
. Animal Control Officers have the discretion to either issue penalties or
not.
. Penalties shall be of escalating severity based on severity of the violation
and past history of the violator.
. It codifies a series of "Tools" the Officers are using; the 7-Day Warning,
Notice of Violation and the Citation.
. Mandatory spay and neutering of animals prior to the return of the pet to
owner.
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Amanda Townsend continued her report:
. Fee Resolution will go into effect on October 1,2008.
. Ordinance must be signed by the Chairman, attested by the Clerk
and filed with the State.
. The County Attorney's Office assured her the Ordinance will be in
effect October I, 2008.
. A staff briefing on the Ordinance, Policy Changes and on Safety
Issues has been scheduled.
. A Full Press Release was sent to the newspapers and a public
announcement was made on Happy Tails.
. NDN expressed interest in doing a photographic feature on
mandatory spay and neuter for additional exposure.
. DAS will be providing approximately 65,000-8 y," x 11" flyers to
Collier County Utilities to be mailed out with the November
monthly statements announcing changes in the Ordinance.
. Content of flyer has not been determined.
Amanda Townsend pointed out some new features in the Fee Policy.
. Strong policy on refunds and reimbursements of costs post adoption.
. Will refund costs up to the cost of the adoption.
. Differentiated between the drop-off and pick-up of a surrendered pet by
the Officer.
. Mandatory Spay or Neuter of animal.
. Instituted a $10 Surrender Fee.
. Adoption, license, kennel, pet shop fees and room rental rates have all
been increased.
. Euthanasia and cremation services are offered to the general public.
It was suggested sending flyers with electric bills to reach residences using well
water. ..:.U=.I=U<.. W,ll.. 4\~(}(
7Amanda Townsend stated pets with surgical problems should be brought to
DAS. She stated adopters will be asked to sign and initial an agreement and the
adopters are expected to accept financial responsibilities.
Amanda was asked what happens when someone abides by the law and cannot
pay the $10.
She said no two cases are the same, when warranted; she would call the County
Attorney and ask for interpretation of the refund policy.
B. Departmental Statistics and Reports
Nan Gerhardt provided copies of the Monthly Kennel Statistics and DAS
Monthly Reports for July and August 2008. See attached.
Discussion ensued on reasons for euthanasia regarding categories "space" or "lack
of space" opposed to "sick" or "injured" and the interest was in making the public
more aware that DAS was forced to euthanize animals due to no space.
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September 1~2 08
James Rich asked what constitutes performing a spay or neuter and why is there
a difference in the number of adoptions and the number of spay or neuters.
Nan Gerhardt responded some animals are Rescue Out or Transfer Out and
some have already been spayed or neutered. Sometimes the receiving shelter will
do the spay or neutering.
VI. New Business
A. Review of Shelter Open-to-the-Public Hours
Proposals on Changing DAS Open-to-the-Public Hours were provided to the
Advisory Board. See attached.
Amanda Townsend reported the facility is opened 59 hours per week and they did
a study on visitation patterns for a period of 6 weeks. She recommended changing
the "Open to Public" hours to 9 a.m. - 6 p.m., a 5 hour per week reduction to allow
14 hours to search for pets and a 12 hours increase for adoptions.
Marcia Breithaupt suggested reflecting the new hours in the flyer going out with
the water bills.
B. Report on Disposition of Animal Bodies
Staff provided a Proposal Comparison Report based on 4527 stray deceased animals
for FY 2007:
. Landfill Disposal- $9,172.27
. Cremation Disposal at DAS - $43,321.85
. Cremation Disposal Outside Vendor - $40,000.00 plus
. Revenue Cremation - $17,105.49
Discussion ensued on cremation, hours involved, adding a 2nd shift, State
regulations, funding and education and it was determined DAS could not
recommend any changes to the current practice. The only way to lower the
number of animal's euthanasia would be by lowering the number of intakes.
C. Strategic Planning Breakout Session
Amanda Townsend asked the Advisory Board to participate in working on a new
philosophy and strategic plan by breaking into groups to identify "SWOT"
(Strengths, Weakness, Opportunities and Threats) ofDAS.
7:35 to 8:00 p.m. - Advisory Board, County Staff, Volunteers and the Public broke into 4
groups to brainstorm concepts on Strengths, Weakness, Opportunities and Threats. Each
group had a staff member or volunteer facilitator to lead the discussion.
Amanda Townsend reaffirmed the Mission Statement:
To protect Collier County Residents and Visitors from animal related injury
and zootomic diseases, while promoting humane treatment of animals and
responsible pet ownership.
Each Group Facilitator reported their ideas.
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.
Amanda Townsend expressed her gratitude to all the participants and stated she
would use the ideas in the 5 Year Strategic Plan.
VII. Public Comments
Karen Acquard expressed how pleased she is with the Board and Chairman.
She suggested the Advisory Board wear a dress shirt with a logo when doing Public
Relations. She also expressed her dissatisfaction on the absence of the law
enforcement Committee member on a regular basis. She stated it was unfair and
the Board has a right to demand a law enforcement replacement.
Stephen Wright asked if the Fees in the New Regulation were available.
Amanda Townsend responded the fees were available on the Collier County
website.
He also suggested getting donations to give the DAS vans a friendly lively
look with dog and cat decals.
VIII. Advisory Board Member Comments
Dr. Ruth Eisele suggested a having a local artist do the art work on the DAS vans.
Tom Kepp commented on making progress on Spay and neutering.
Sabina Musci suggested magnetic nametags instead oflogo dress shirts.
Jim Rich expressed concern in the number of animals coming into DAS.
He stated there was a need to limit that number, identifY the source, focus mailings
to the identified areas, go to those areas and have a SpaylNeuter Day. He suggested
asking veterinarians to donate their time.
Marcia Breithaupt stated she would like to see a "Free" Spay and Neuter Day.
Dr. Ruth Eisele stated the different cultures look at spay and neuter in different
ways and education is the solution. Some pet owners believe the procedure would
hurt animals.
Michele Antonia suggested having a Holiday Jubilee in Immokalee and in
Everglade City to help educate pet owners.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 8:30 P.M.
The next meeting of the DAS Advisory Board is scheduled for October 3, 2008
Collier County Domestic Animal Services
,'!fKY-t0 ~1~
Chairman Mich~e Antonia
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These minutes were approved by the BoardfCommittee on
as presented, or as amended V'"'"" .
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~I~~~al fCAC M%t"...",
August 14,2008
,I
. RECEIVED
GC1' 09 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE
Naples, Florida, August 14,2008
LET IT BE REMEMBERED, that the Collier County Coastal Advisory
Committee, in and for the County of Collier, having conducted business
Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at
Administrative Building "F", 3rd Floor, Collier County Government
Complex Naples, Florida with the following members present:
CHAIRMAN: John Sorey, III
Anthony Pires
Murray Hendel
Heidi Kulpa
Jim Burke
David Buser (Absent)
Ted Forcht (Excused)
Victor Rios
ALSO PRESENT:
Jeffrey Klatzkow, County Attorney
Gary McAlpin, Coastal Zone Management Director
Gail Hambright, Tourist Tax Collector
Katie Laakkonen, City of Naples
Misc. Carres:
GAG .i~tO.sr~ 9. 2008
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August 14, 2008 '
I. Call to Order
Chairman Sorey called the meeting to order at 1 ;00 PM
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. Roll Call
Roll Call was taken with a quorum established.
IV. Changes and Approval of Agenda
Mr. Rios moved to approve the agenda. Second by Mr. Pires. Carried
unanimously 6-0.
V. Public Comments
1. Eddie Chesser - Employee of the month May 2008.
Chairman Sorey moved for the Committee to endorse a Certificate of
Appreciationfor Eddie Chesser, employee of the month for May 2008. Second by
Mr. Rios. Carried unanimously 6-0.
Chairman Sorey presented the Certificate to Eddie Chesser thanking him for his
service noting he is the only Collier County employee to receive the award twice.
Eddie Chesser addressed the Committee thanking them for the recognition and
noted he takes great pride in his job and enjoys working for Collier County.
VI. Approval of CAC Minutes
Mr. Rios moved to approve the minutes June 12,2008 meeting subject to the
following corrections:
Page 3 line #5 - from "with the CC&A ..." to "with the CCNA ..."
Page 3. paragraph 6. line 3 - correct spelling from David Rollins to David Roellig,
retired Army Corps of Engineers. . . "
Second by Mr. Hendel. Carried unanimously 6-0.
VII. Staff Reports
1. Revenue Report - Gary McAlpin
The updated Tourist Tax Revenue Report for FY - 2007-2008 was presented.
2. Project Cost Report - Gary McAlpin
The updated FY 2007/2008 TDC Category "A" Beach Maintenance Projects was
presented.
VIII. New Business
1. WO CPE-FT -2902.08-05 Physical Monitoring and Side Scan Survey Service
Gary McAlpin presented the Executive Summary "Recommend approval of
Work Order CPE-FT-3902-08-05 under Contrac/ 06-3902 with Coastal Planning
and Engineeringfor time and material not to exceed $] ] 2,0] 3 (Project 195-
9(5363)" dated August 14.2008.
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The work order is for the annual physical monitoring of beaches from marker R-]
thru R-89 excluding R-] 0 - R-21 and a side scan survey from markers R-17 - R-
68. The work to be performed is only data collection at this time.
Mr. Hendel moved to approve the Executive Summary ("Recommend approval
of Work Order CPE-FT-3902-08-05 under Contract 06-3902 with Coastal
Planning and Engineering for time and material not to exceed $112,013
(Project 195-905363). ") Second by Mr. Rios,
Mr. Pires asked about the RFP process short-listing 3 of the Consultants.
Gary McAlpin responded the proposal was canceled after objection from one of
the Consultants and Staff and Purchasing had withdrawn it.
Mr, Pires submitted a copy of Executive Summary "Recommendation to reject
RFP #09-5068: "'Physical and Biological Monitoringfor Collier County Coastal
Zone Management ProjectsjiJr Coastal Zone Managemen/"' dated July 22, 2008
noting that it states "During the course of contract negotiations, it became evident
that a clear understanding of the distribution of projects as well as the method for
determining allocation of resources to the various projects was needed."
Gary McAlpin stated if that was what was presented to the BCC, it is correct. He
requested clarification if it was Mr. Pires's position that this item was not
accurately represented by Staff.
Mr. Pires noted that Gary McAlpin stated the proposal was withdrawn because of
an objection by one of the parties; however that is not what is reflected in the
above referenced Executive Summary dated July 22, 2008.
Carried unanimously 6-fJ.
2. WO CPE-FT-2902-08-06 Nearshore Mitigation Reef Monitoring
a. 2007 Collier County Nearshore Mitigation (Artificial) Reef Pictnres
Gary McAlpin presented the Executive Summary "Work Order CPE-FT-08-
06 under Contract 06-3902 with Coastal Planning and Engineeringfor time
and Material notto exceed $23,613.75 (Project /95-00331)" dated August
] 4, 2008.
He stated it is for data collection associated with the artificial reef in relation
to monitoring which is required on an annual basis and is located off of 5th
Street North.
Mr. Pires asked if the scope of work was to be completed under an RFP or
Work Order in which Gary McAlpin answered "via a Work Order."
M~. Kulpa moved to approve the Executive Summary ( "Work Order CPE-
FT-08-06 under Contract 06-3902 with Coastal Planning and Engineering
for time and Material not to exceed $23,613. 75 (Project 195-0033/))"
Second by Mr. Burke. Carried unanimously 6-fJ.
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August 14, 2008
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3. WO CPE . FT - 3902 -418-07 Biological Monitoring
Gary McAlpin presented the Executive Summary "Work order (C')PE-FT-3902-
08-07 under Contract 06-3902 with Coastal Planning and Engineering in the
amount of$179.584 (Project /95-900331)" dated August 14,2008.
He noted it is for data collection for biological monitoring of the reef located off
Vanderbilt Park Shore in Naples. He noted next year (year 3) the monitoring will
not be required and will be resumed for years 4 and 5.
Mr. Rios moved to approve Executive Summary ("Work order (C)PE-FT-3902-
08-07 under Contract 06-3902 with Coastal Planning and Engineering in the
amount of$179,584 (Project /95-900331))." Second by Ms. Kulpa. Carried
unanimously 6-0.
4. WO HM - FT - 3902-08-01 Marco Island/Caxambas Pass Beacb Monitoring
Gary McAlpin presented the Executive Summary "Recommend approval of
Work Order HM-FT-3902-08-01 under Contract 06-3902 wilh Humiston &
Moore Engineersfor time and ma/erial no//o exceed $28,340 (ProjecI195-
905421) " dated August 14, 2008.
He noted it is a Work Order under the existing contract.
Mr. Hendel moved to approve the Executive Summary ("Recommend approval
of Work Order HM-FT-3902-08-01 under Contract 06-3902 with Humiston &
Moore Engineersfor time and material not to exceed $28,340 (Project 195-
905421))." Second by Mr. Burke. Carried unanimously 6-0.
5. Notification by FDEP of Permit Request by H&M Representing Comax to
use Gordon River Edge Sand to Proposed T-Groins on North
KeewaydinKeewaydin
a. Notification by FDEP Backup Material
Gary McAlpin presented the Executive Summary "Notificalion by FDEP of
Permit Request by H&M Represen/ing Comax to use Gordon River Edge Sand
to Proposed I~Groins on North KeewaydinKeewaydin" dated August 14,
2008.
He stated the item is an information update and has received a request to use
the Gordon River Dredge Sand from a Federal project for T-Groins on North
KeewaydinKeewaydin. He noted Coastal Zone Management and the City of
Naples Staff oppose this proposal as they wish to utilize this source of sand
for re-nourishing "hot spots" on Naples beaches to the North, if possible.
Speaker
Ken Humiston of Humiston and Moore addressed the Committee noting he
represents the developer Comax and the of use of the dredged sand is for erosion
control structures, not beach re-nourishment. This dredge sand has typically been
used on the North end of KeewaydinKeewaydin Island in compliance with Florida
Statute 161.142 (to place sand on adjacent eroding beaches). If the procedure is
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successful, it will stabilize the north end of the island and in the future the dredge
sand may be used in other locations. He noted the City of Naples approval will be
required for placement of the erosion control structures.
Gary McAlpin clarified that the Executive Summary states under ''Fiscal Impact"
that the "source of funds is from Category "A" Tourist Development Tax" however it
involves Federal Funds. He also expressed in the past (to the Army Corps of
Engineers) the interest of using the dredged sand on the "hot spots" and will continue
the negotiations with the appropriate parties under the current proposal. He noted in
accordance with State of Florida Statutes, the City of Naples is adjacent to the
project; the question would be which beaches are the "most eroding." Also, the sand
source needs to be verified as "beach quality sand."
6. Clam Bay Advisory Board Discussion
Gary McAlpin presented the Executive Summary (ES) "Recommendation that
the Board of County Commissioners provide stqff direction and authorization on
how to proceed with management of Clam Bay Estuary" dated August 14, 2008.
He noted this is a preliminary ES and is providing this update for information
purposes and the Clam Bay Advisory Committee ultimately will be "rolled under"
the Coastal Advisory Committee. On June 24, 2008 the Board of County
Commissioners (BCC) directed Staff to develop a management plan for Clam Bay
Estuary via an advisory group inclusive of Stakeholders, not one municipality or
entity.
Three options to ob/ain this goal were iden/i/ied:
I) Develop a Clam Bay Advisory Committee appointed by the BCC and
reporting directly to the BCC.
2) Place the management of the Clam Bay estuary directly under the control
of the Coastal Advisory Committee
3) Develop a Clam Bay Advisory Committee appointed by the BCC, but
reporting directly to the Coastal Advisory Committee
The Board o.fCounty Commissioners optedfor option #3 due to the expertise of the
Coastal Advisory eommillee. The Bel' suggested thefollowing composition of the
Clam Bay Advisory Commillee:
. 1 Representative from Pelican Bay Services Division (PBSD)
. I Representative from Pelican Bay Foundation (PBF)
. I Representative from Naples Cay
. I Representative from Seagate Homeowners Association
. 1 Representative from District I
. 1 Representative from District 3
. I Representative from District 5
He noted the existing Discussion Group and related Work Groups work has been placed
on hold pending the outcome of this issue.
A brief discussion ensued whether or not the Clam Bay Advisory Committee would
sunset after I year.
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6Ji 100Vfl of CAC'inA~ '.4
August' 4, 20af
Mr. Hendel noted the Group will be comprised of specialized members and
recommended as a matter of logistics, the Clam Bay Advisory Committee report directly
to the Board of County Commissioners. Further, if it is to report to the CAC, a member
of the CAC be appointed as a member to the Clam Bay Advisory Committee to keep the
CAC informed.
It was noted that this was the original intent, with a member of the Naples City Council to
be a member of the Group; however this membership category was replaced by a
representative from Naples Cay; further, the June 24, 2008 BCC meeting minute recap
reflect it is a 6 person Committee without a member of the Pelican Bay Foundation and
with regard to the Committee sun-setting after one year. they reflect that this option
would be reviewed at the end of a year.
Gary MeAlpin noted he would review the minutes, however it is clearly a 7 member
Committee.
Mr. Pires requested clarification on the intent of the wording in the Fiscal Impact section
"TDC fund would be managed distinct and different from funds to manage this estuary."
Gary McAlpin noted this statement was intended to make it clear that Tourist
Development Council (TDC) funds are not to be commingled with funds that manage the
Estuary .
Sneaker
Marcia Cravens, Mangrove Action Group addressed the Committee and submitted the
following documents for the record;
. Email from Gary McAlpin to her dated August 14, 2008 indicating that
the Clam Bay Work Group were being disbanded and up to the new
Advisory Committee to continue the Work Teams
. Minutes of the BCC June 24, 2008 meeting regarding composition of the
proposed Advisory Group
. Executive Summary presented today which indicates that the BCC
envisioned Staff is directed to develop a proposal for the County wide
management of Clam Bay Estuary. She does not believe it was the intent
of the BCC for Staff to develop a Management Plan
· Email from Gail Hambright to her and others dated July 2, 2008, to
forward a request for public records by the Sheriffs department requesting
Public Records for the Clam Bay Discussion Groups as well as the Work
Teams
. Transcript from May 7, 2008 meeting Pelican Bay Services meeting in
which Mr. Burke makes references to a DEP meeting in Fort Myers, a
closed meeting with no public warning which he and Mr. Buser attended
that indicates there was thorough discussion of the 9 objectives being
handled by the Clam Bay Estuary Discussion Group and the related Work
Teams including renewal and extensions of the existing permit
Doug Finlay - Naples resident addressed the Committee endorsing the newly proposed
Clam Bay Advisory Committee as it will promote broader representation to the
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August 14, 2008
Management of Clam Bay. He attended the DEP meeting in Fort Myers in question and
stated the purpose was a fact finding mission.
Mr. Burke stated that he has been on the Pelican Bay Services Division (PBSD) and
related Committees involving Clam Bay for 8 years. He is familiar with all the issues
and envisioned when the review of the permit began (approximately I year ago) the
scope would be broadened to involve the City of Naples, Seagate residents, etc. with
PBSD being the driving force. Some individuals became concerned that the Mangroves
were being overlooked and would be threatened.
Subsequent to this, the BCC allowed the PBSD to manage and maintain the mangrove
habitat (an aspect of the permit). At one of the BCC meetings they were pushed too far
in regards to the Estuary and the BCC took the position that the Estuary is a County asset
and resource and they would no longer allow a neighborhood to maintain entire control
over the asset. He regrets that the issue has digressed to that point and he may have
recommended a different composition to the proposed Clam Bay Advisory Group, but
noted this is where it is today, and it is time to move on and make the Estuary the best it
can possibly be.
Chairman Sorey commended Mr. Burke for his efforts and regrets that the issues got
personal and looks forward to his continued effort on the issue.
Mr. Pires stated he has been involved with the issue for many years and noted that the
initial capital investment was by the residents of Pelican Bay and the Developers. The
County was requested to aid in the funding, but denied the request leaving the issue in the
hands of the residents and developer.
Mr. Burke noted things have changed and the funding at this point is 68% County and
32% Pelican Bay Services Division.
Gary McAlpiu agreed noting the following expenditures to date:
. WCI- $IM
. PBSD-$IAM
. Collier County - $IAM
Chairman Sorey concluded by noting times have changed, the issues are different now
and the general feeling is the entire Estuary needs consideration.
7. DWSP Entrance Road and Parking Garage Discussion
Gary McAlpin presented the Executive Summary "Information on De/nor
Wiggins State Park (DWSP) Entrance Road and Parking Garage" noting the item
is an update for informational purposes. There has been a historic problem at the
park where the Park Capacity is not supported by the existing parking and the
Park needs to close down at approximately II :00 AM on busy days forcing
incoming automobiles to back up onto adjacent streets creating unsafe conditions
and congestion. The proposal includes the following:
. Widening of the existing access road
. Re-constructing of the Ranger Station
. New public restrooms, beach access and turnaround at Moraya Bay
. 250 car parking garage at parking location #4
7
~~~ ~i~~rJ~ MinuJ A;~~
8 of 10
August 14,2008
The project will be funded by the County with the concept of re-imbursement of
funds by the State to the County over a period of time.
Ms. Kulpa emphatically stated she does not support a parking garage inside of
Delnor Wiggins State Park. She recapped the history of the park, noting the land
was donated to Collier County and the County turned the property over to the
State who opened a park in 1981. It is 166 acres, mostly mangroves with 1.25
miles of shoreline. To add a parking garage inside would destroy the land and
driving through the entire park to reach garage doesn't make any sense.
Mark NicoIleti, Asst. Park Manager noted 500,000 persons visit the park
annually. The exiting parking capacity is 350 spaces. The proposal will increase
the number of spaces by 200 to a total of 550 spaces. He noted there will be a
new Master Plan released for the Park in 20 I O.
Gary McAlpin noted the new spaces will allow the Park to operate at its carrying
capacity with minimal encroachments on existing vegetation and no impacts on
the mangroves.
Mr. Rios expressed concern of expenditures, the number of proposed parking
spaces generated and recommended considering other mechanisms to solve the
problem (advance passes for visitation, trams, etc.). Further, consideration should
be given to Delaying the project until the 20 I 0 study is completed should be
considered.
IX. Old Business
1. Wiggins Pass Modeling Group Update - Verbal
Gary McAlpin provided an update noting that the Modeling Group has
determined 3 alternative solutions for the long term stabilization of the Pass. After
the next Modeling Group meeting, Staff wi II bring a formal update to the Coastal
Advisory Committee.
Ms. Kulpa noted that the Modeling Group approved a mission statement:
"Examine the modeling study results and recommend environmentally and
economically sound method~ to maintain Wiggins Pass as a s(1fe navigable
waterway by minimizing shoreline erosion and achieving long term stabilization
o{Wiggins Pass through a collaborative process involving Wiggins Pass
stakeholders input. "
Two participating members have left the Modeling Group and been replaced;
Mark Latch, Asst. Bureau Chief for the Bureau of Natural and Cultural
Resources, Florida Park Service has replaced Srivivas Tammisetti.
Sally Cole Braem, Environmental Specialist II, Florida Park Service, District
4 has replaced Christina Olsen from the Florida Park Service.
Discussion ensued concerning the appointments and membership status of the
Modeling Group participants. The CAC members recollected different avenues
of approvals regarding their appointments to the Modeling Group.
Gary McAlpin will check the record and report back to CAC.
8
CAC oClober126 I 1 A....4
VI-1 Approval of CAG Minutes
9 of 10
August 14, 2008
X. Public Comments
Marcia Cravens, Mangrove Action Group addressed the Committee requesting
clarification on the Clam Bay Estuary Discussion Group and Work Teams
jurisdictions and if they were created as Advisory Groups and was there any direct
relationship with the Discussion Group and Work Teams Groups and the CAC? She
has worked hard to expand the membership of concerned parties (outside of Pelican
Bay) involved in Clam Bay issues and welcomes their input.
She is concerned by specific projects advanced by the Discussion Groups and Work
Teams. The original intent for the Discussion Group was for community discussion
to address issues that arose via the Tomasko Report. The report had no mention of
sand bypassing, circulation models or modifications to the bottom elevations of the
Clam Bay system. Dr. Tomasko's recommendation was to reduce and control access
of powerboats to the Estuary. She requested the original document entitled
"preliminary work topics" regarding the Discussion Group be inserted into the record.
(She also submitted other documents which were to be filed with Minutes and
Records. )
Mr. Pires requested clarification ifMr. Tomasko was a member of the original
Discussion Group.
It was noted Dr. Tomasko was present per the Discussion Group's request as a
technical Advisor.
The minutes of the June 9, 2008 Discussion Group indicate Dr. Tomasko is a member
of the Discussion Group and should be corrected if this is not the case.
Gary McAlpin explained the Work Groups were derived as an outgrowth from
concerns in Dr. Tomasko's report in attempt to make the permit inclusive to these
issues. The ebb shoal sand has been investigated, as it may be economical to utilize it
in re-nourishing Clam Pass Beach.
The Work Groups have now been disbanded and the related issues will be left to the
new Advisory Group to address.
XI. Announcements
1. Florida Sunshine Law training course for Staff-Liaisons and Advisory
Committee/Board Members
It was noted that if a member has not attended one of these seminars, they should
attend. It will be held on August 18,2008.
XII. Committee Member Discussion
Ms. Kulpa commended Gary McAlpin for his efforts in the Work Groups which she
participates in.
Mr. Pires stated the new format for the Clam Bay Advisory Committee is more
favorable and will help ensure citizen participation.
Mr. Rios provided an update on the condition of Marco Island Beaches
XIII. Next Meeting Date
September 11, 2008 - Government Center, Administration Bldg. F, 3'd Floor
9
~~~ ~~l~&o,.i MinuteJ. A " 4
10 of 10
August 14, 2008
There being no further business for the good of the County, the meeting was
adjourned by order ofthe chair at 2:30 P.M.
Collier County Coastal Advisory Committee
~..~ rp-
ohn Sorey, III, Chal an
These minutes approved by the Board/Committee on _I 0 q () S
as presented or as amended V
10
/
V
RECEIVED
OCT 0 9 2008
Fiala
Halas
Henning
Coyle ~
Coletta ..-/
CAG October 9, 2008
VI-2 Approval of CAG Minutes
1 of 4
Iptf1r 11, 1jOA' 4
..
Board ot County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
COAST AL ADVISORY COMMITTEE
Naples, Florida, September 11,2008
LET IT BE REMEMBERED, that the Collier County Coastal Advisory
Committee, in and for the County of Collier, having conducted business
Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at
Administrative Building "F", 3rd Floor, Collier County Government
Complex Naples, Florida with the following members present:
CHAIRMAN: John Sorey, III
VICE CHAIRMAN: Anthony Pires
Murray Hendel (Excused)
Heidi Kulpa (Excused)
Jim Burke
David Buser (Absent)
Ted Forcht (Excused)
Victor Rios
ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management
Colleen Greene, County Attorney
Gail Hambright, Tourist Tax Collector
Katie Laakkonen, City of Naples
Misc. Carres:
Date:
item #
~ ~Ob"l9, 200B:I;
~~:crVl of CAG i.nu~
September II, 2008
'4
I. Call to Order
Chairman Sorey called the meeting to order at 1 :00 PM
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
A minute of silence was held forthe victims of 9/11
III. Roll Call
Roll Call was taken and a quorum was not established.
Colleen Greene, Assistant County Attorney stated the meeting would be limited to
Public Comments without discussion. Further, Staff may present informational items
without any member discussion; however no action items may be presented.
Gary McAlpin, Coastal Zone Management Director noted any items presented
today for information purposes will be placed on a future agenda with all members
(present) to have the opportunity to participate in discussions.
IV. Changes and Approval of Agenda
None
V. Public Comments
Marcia Cravens addressed the Committee noting the following concerns:
. At a previous meeting she was only given three minutes to speak when the
Resolution indicates a 5 minute time allotment for public speakers. She
cited Resolution 2004-0 I which states "all persons may speak for a
maximum of 5 minutes each"
. Committee member David Buser is no longer a resident of Collier County
as indicated by an out-of-state drivers license issued to him and should
have given notice for vacating the Committee.
. Any member who has a potential conflict of interest shall complete the
necessary forms. She noted a member who is no longer a resident of
Florida has publicly spoken to the issues of Clam Bay which affect his
property values.
. She provided a memorandum from Ron Pennington to David Weigel
which indicates members shall not use their position advance initiatives or
otherwise garner public support for policies or programs.
. She received an email from Gail Hambright, (a forward from Jeff
Klatzkow, County Attorney) attempting to justify the denial of her request
of being transcribed verbatim and noted this issue was addressed at the
March 13, 2008 Coastal Advisory Committee meeting when it was
determined when a member states "for or on the record", the minutes will
be "verbatim." She noted at the August 14,2008 meeting, several times
"for the record" were indicated by members, and there are no verbatim
minutes for the meeting. She reserves further comments on the minutes
for the next time she speaks.
2
CAC :;J,~ber 9. 200B
;J.dovtofcAC1inuAs '" 4
September' I, 20~
VI. Approval of CAC Minutes
1. August 14,2008
VII. Staff Reports
1. Revenue Report - Gary McAlpin
Report provided for information purposes.
2. Project Cost Report - Gary McAlpin
Report provided for information purposes.
3. Tropical Storm Fay Damage - Update
Gary McAlpin provided an update on damage to beaches for information
purposes.
4. Gordon River Dredging - Update
Gary McAlpin provided an update on Gordon River Dredging for information
purposes.
VIII. New Business
1. Approve Work Orders by CP&E
a. WO CPE-FT-3902-08-08
b. WO CPE-FT-3902-08-09
c. WO CPE-FT-3902-08-10
2. Sea Oat/ Healthy Dune Policy - Discussion
Gary McAlpin provided an update on the Dune Planting Program and the
feasibility of future studies for the purposes of expanding the Dune Planting
Program.
IX. Old Business
1. Wiggins Pass Modeling Work Group Update - Verbal
2. Marco Beach Advisory Update - Verbal
X. Public Comments
Marcia Cravens, Pelican Bay Resident, Mangrove Action Committee, Friends of
Clam Bay wanted to ensure the minutes will be brought back for the next meeting
before approval so she can make comments. She commended Gary McAlpin on the
concept of future dune studies and an expanded Dune Program.
XI. Announcement
None
XII. Committee Member Discussion
None
XIII. Next Meeting Date
3
CAC ~toL 9, 100B 1 A.'. 4
VI~2~r~oftAc Min~s .'
40f4
September 11, 2008
October 9, 2008 - Government Center, Administration Bldg. F, 3'd Floor
There being no quorum, the meeting concluded at 1:40 P.M.
Collier County Coastal Advisory Committee
d
/~ ~ W
hn Sorey, III, Chairman
These minutes approved by the Board/Committee on /0 Cj 0 g
as presented 1/ or as amended
4
161
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Citizen Corps Advisory Committee
Agenda September 17, 2008
3:00
Pledge of Allegiance
-Opening Remarks
-Roll Call
Chairman
Sheriff's Office CERV
USCGA Red Cross
Chamber of Commerce
Fire Chiefs CERT CAP
Veterans Council RSVP Salvation Army
EMS EM
City of Naples
Cleveland Clinic
Health Dept
Everglades City
NCH
Medical Examiner City of Marco Island
Neighborhood Watch
3:05 Approval of Minutes Chairman
3:10 Threat Update Sheriff's Office
3: 15 New Business Chairman
. Director of BES Briefing Dan Summers
. Grant Information Rick Zyvo1oski
. Recovery Issues Joe Frazier
3:50
Old Business
Chairman
. Meeting Attendance
. TEEN CER T
. Sunshine Law Training
Chairman
Joe Frazier
Joe Frazier
4:00
Next Meeting/Adjourn
(October 15,2008)
Chairman
Misc. Cooes:
Dale: l \/l~Joi
Item #: lloI L i')AS
Copies to:
161
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Collier County
Citizen Corps Advisory Committee
September 17, 2008
R F (; E:;1 :i::'D
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;t',;U"."i'''i.'
"', ",ornllliSSiOn(lf"'0;
Voting Members Present
Reg Buxton, Greater Naples Chamber of Commerce
Grant Skaggs for Walter Jaskiewicz, Coast Guard Auxiliary
Maria Ramos for Captain Castillo, Salvation Army
Lt. George Welch, Collier County Sheriff's Office
Deborah Horvath, American Red Cross
James Elson, Collier County Veterans Council
Doug Porter, Naples Civil Air Patrol
Fiala
Halas
Henning
coyle
Coletta
Voting Members Absent:
(Excused Absence)
Russell Rainey, Community Emergency Respouse Team
Floyd Chapin, Community Emergency Response Volunteers
Expert Consultants Present
Joe Frazier, Collier County Emergency Management
Joe Irene, Neighborhood Watch
Maria Bernaldo, Collier County Health Department
Voting Members Absent:
(Non-Excused Absence)
Gerry Sugarman, RSVP
Jerry Sanford, North Naples Fire
Meeting was called to order at 3:01 p.m.
Pledge of Allegiance recited and roll call taken.
Approval of Minutes
Motion to accept the minutes of the August 20, 2008 meeting made by Lt. George Welch, and seconded by Deborah
Horvath, with changes as follows:
The voting members listed under Excused Absence should be listed as Non-Excused Absence. Deborah Horvath should
have been listed as an Excused Absence. Approved unanimously with these changes.
Reg Buxton brought up the by-laws of this committee regarding absences - please review these and in the event that you are
not able to attend, please email Mary Ann Cole at marvanncole@colliergov.net or call her at 252-8000.
Threat Update
Per Lt. Welch, we are still at the Elevated Threat (Yellow) at the National level. For domestic and international travel, it is
at High level (Orange). Recommend everyone to remain vigilant. As a side note, there was an attack on the U.S. Embassy
in Yemen, with 16 people killed.
New Business
Director of Bureau of Emergency Services Briefing
Dan Summers spoke to the group, saying he hopes to see a lull in tropic activity for awhile. The Citizen Corps is a good
group to work with during emergencies, and he thanked everyone for being a part of the protection team.
Dan brought up a Homeland Security issue dealing with the Department of TransportatioIMIUQ:llffE:ousidering turning
Alligator Alley over to a third party. The Board of County Commissioners indicates that they desire to keep the Alley with
the State. Dan will follow the BCC's direction; however contingent on their direction, he lIlaleuoncern that OCRepee Fire
District is the primary fire responder to the bulk of calls between mile marker 63 to mile marker 93. Golden Gate Fire and
item#'
Copir
Collier County Citizen Corps Advisory Committee
September 17, 2008
161
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North Naples Fire also have a portion of 1-75. Everglades City and Ochopee are taxed with a Municipal Services Taxing
Unit (MSTU). This is the sole Collier contribution to fIre response. Ochopee is the largest fIre district in Florida, and
primary fIre department for 1-75 - 40% of the calls are provided by Ochopee, which is a large burden. Collier County EMS
and MedFlight are both primary caregivers as well. If Alligator Alley is turned over to a concessionaire, they need to be
under the umbrella of Homeland Security due to serious auto accidents, smoke concerns with wildfIre events, contra-flow
issues with evacuations, etc. Dan does not feel it is appropriate for Ochopee to carry the burden without some of the profIt.
If you are interested in reading the Request for QualifIcations (400+ pages, can be found at alligatorallev.com), you will see
that there are no provisions for funding of emergency services. It is important for Ochopee to receive funding and to set up
a small substation at mile marker 63. Response time is the issue - Everglades City is 32 miles away. MedFlight is
automatically dispatched to signifIcant accidents and can beat a ground unit. The State is just interested in population
justifIcation; however a substation is warranted there. This could be a modular structure with 2 personnel and 2 vehicles _ a
minimum crew for fIre and rescue response. Suggest that MedFlight overhead monies, as well as haz-mat team monies, be
made available. Other areas have urban areas that fund this. If there is support over this concern, a resolution or motion
could be made by the Chair to contact the Secretary of Transportation and the BCe. We need to continue to get on record,
in the event that this does go to a concessionaire. Broward handled this when they purchased property from FDOT and put
a station at the 43 mile marker. They are a mutual aid station to Weston and have a metro funding base. Dan does not want
to see the district redrawn, he just would like to relieve the burden for Ochopee. We can continue the mutual aid agreement
from Broward to come into the Collier County line 15-20 miles and it would also enhance us to do a mutual aid agreement
with them. The question of cost was brought up. Dan said he was looking at roughly all the burden going to the Alley. He
would want I I personnel (2 1/2 people per day, 365 days per year) at approximately $2.6 million, including start-up charges
and $1.3 million recurring costs. Of course, the Board has to accept this and it could take 4-5 months to set this up. If it is
not leased, it will remain as it does currently. Grants for any fInancial assistance need to show housing units, which we
cannot show. We have looked at all grants and transient vehicles are not counted. No monies have ever gone to Emergency
Services - just to the Highway Patrol. Dan has gone on record at public hearings to be a player, but has not received any
attention. He will continue to fInd ways to get his foot in the door to enhance the Request for QualifIcations. Motion to
compose a letter for Dan Summers with Chairman Reg Buxton's signature supporting this proposal made by Debbie and
seconded by Jim Elson. Approved unanimously.
Grant In/onnation
Rick Zyvoloski said the Local Mitigation Strategy group has voted to meet quarterly, with October 17"' being their next
meeting. Collier County incurred $20 million in expenses due to Tropical Storm Fay. If the State has enhanced the hazard
mitigation plan, 20% of the cost ($4 million) will be available for mitigation projects. The working group has a priority
listing. If you have any interest, contact Rick at emergman@colliergov.net. NotifIcation of funds has not yet been received,
but when they are available, 25% of request is matched. Rick has received $2 million from Hurricane Wilma and $1 million
had to be turned back in, since there were not enough people applying. $750 thousand might be available for possible
retrofIt of Immokalee High School for a shelter. Debbie asked why this money couldn't be used for a station at mile marker
63. Rick said that if anyone wants to write up a grant, it can be turned in. The write-up must meet certain criteria _ no
fragile items are allowed, i.e., generators; however, wiring for a generator is okay.
Recovery Issues
Per Joe Frazier, Rick Z. spearheaded the recovery issues from Tropical Storm Fay and has put everything together. Ten
FEMA people were here to go over steps on reimbursement. Collier County is still in recovery with Fay, Gustav and Ike.
We are looking at possible Disaster Recovery Centers (DRCs). Anyone interested in applying for assistance can call FEMA
at 1-800-621-3362. From American Red Cross and Salvation Army standpoints, they spent over $100 million with Fay and
Gustav. The Small Business Administration topped $1 million in loans in Florida alone for Tropical Storm Fay.
Old Business
Meeting Attendance
See info at the beginning of these minutes.
161
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35
Collier County Citizen Corps Advisory Committee
September 17, 2008
Teen CERT
Joe introduced this subject at the last meeting. Requested a letter from the Chair for Teen CERT to be presented to the
Collier County Public Schools. Joe, Jerry Sanford, Russ Rainey and Greg Speers will meet with the school officials.
Sunshine Law Training
This was rescheduled on Monday, September 15th at 10 a.m. in the Board Room. If you have already attended, you do not
need to attend again, unless you want to. Mary Ann checked with the County Manager's office for the next training date
and was told that it would be sometime next year. However, there are DVD copies of the training being offered free to
advisory committee members and staff. Please contact Mary Ann if you are interested in a copy of this training.
Other
Reg asked Joe about the grant. Joe has spoken with the State and the contract is on its way. He will meet with the CERT
team this Friday to review the 4-stage exercise being put together.
Debbie said that Andy Jerant got a pallet of water for the DRC to be opened here in Collier County.
Also, the American Red Cross is accepting donations for their 3'd annual Stockings for Troops, which will kick off the first
of November.
Next Meeting/Adjourn
Next meeting will be held on Wednesday, October 15,2008 at 3:00 p.m. in the Board of County Commissioners chambers.
Motion to adjourn the meeting at 3:55 p.m. made by Reg Buxton and seconded by James Elson. Approved unanimously.
Minutes submitted by Mary Ann Cole.
/
M
Reg Buxto~'
/d/l~~
Date /
Approved by Chair:
Collier County Sheriff's Offi!~ I
CCS(Q) AJLJEJRT
lA 5
THE COLLIER COUNTY SHERIFF'S OFFICE
CRIME PREVENTION SECTION
Phone: (239) 793-9391 Fax: (239) 793-9474
E.mail: prevention@colliersheriff.orq
BOAT THEIVES TARGET LARGER VESSELS
The Collier County Sheriff's Office and Naples Police and Emergency
Services have identified a serious change in boat thefts...the stealing of
larger, cruiser type vessels. Just in the last few days, two Sea Ray
Sundancer's...one a 1989 44 footer and the other a 2007 48 footer...were
taken from the City of Naples.
Collier County Law Enforcement urges each owner of larger, cruiser type
vessels to consider the following security tips.
. Record serial numbers of all the equipment on your boat. Make two copies.
Keep one in a safe place on the boat and one at your home.
. Permanently mark all electronics or other valuable equipment with your
driver's license number or state issued identification number.
. Take pictures of your boat, major equipment, and electronics to assist law
enforcement in identifying them if they are stolen.
. Do not leave your registration or documentation papers on your vessel when
you are not aboard. That way a criminal cannot produce them if ask and will
not be able to supply other pertinent information such as name and address.
. Never leave the keys in the ignition unless operating the vessel...and don't
hide spare keys on the boat. The "bad guys" can find them.
. Make the vessel "hard to start" by installing a coded ignition, a hidden kill
switch, or a hidden fuel line shutoff valve. There are now also several types of
intrusion alarms and tracking electronics on the market.
WHO TO CALL I WHAT TO DO
, I : : : ~ i " , . , ; l \,,' I i - -, .
~ ,i I "
~, '"
If you have information concerning a marine crime that is under
investigation, you can remain anonymous and possibly be eligible for a
reward by calling CRIMESTOPPERS at 1-800-780-TIPS.
If you...or a marine group to which you belong...needs more information or a
speaker on marine security issues, contact:
THE COLLIER COUNTY SHERIFF'S OFFICE CRIME PREVENTION SECTION
PHONE: (239) 793-9391
FAX: (239) 793-9474
E-MAIL: prevention@colliersheriff.orq
Fiala
Halas
'. Henning
Coyle
Coletta
AGENDA
Revised
REqE6"1ED 1 A .~ 6
OCT I 0 2008
'~{'rtfrt nt County Commissioners
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT S:30 A.M., THURSDAY, OCTOBER 16, 200S, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT
CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR
GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON
AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE
WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE
RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED
TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE
COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR
PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - AUGUST 2S, 200S, l.DC MEETING; AUGUST 29, 200S, GMP MEETING: SEPTEMBER 4,
200S, REGULAR MEETING
6. BCC REPORT- RECAPS - Not Available af this time
7. CHAIRMAN'S REPORT
S. CONSENT AGENDA ITEMS
A.
9. ADVERTISED PUBLIC HEARINGS (NOTE: Item IO-A, OLD BUSINESS - Noise Ordinance, to be heard prior to S-A)
A. Petition: ClJ-2006-AR- 11046, VI Ltd. Limited Partnership, represented by Richard Y ovanovich of Goodlette,
Coleman, Johnson Yovanovich & Koester, P.^-, requesting a Conditional Use for the Moraya Bay Beach Club
to allow a private club in the Residential Tourist (RT) zoning disfrict and the Vanderbilt Beach Resort Tourist
Overlay district (VBRTO) of the Collier County Land Development Code (LDC), as specified in Sections
2.03.02.E for the RT Zoning District and 2.03.07.1.. for the VBRTO. The proposed private club will be located
within the residential building, The subject property, consisting of 4.96* acres, ~i!JGc'!!6ite!l: III2S Gulf Shore
Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 Sout Ra ge 25
East, Collier County, Florida. (Coordinator: Kay Deselem, AICP) CONTINUED D~M 9/410S \ \ r ~ ~ ~
1
Item ,-j b J.. L \
b
.1!"lp'S fe'
161
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B. Petition: CU-2007-AR-12619, K.O.V.A.C Enterprises, LLC, represented by Tim Hancock, AlCP, of Davidson
Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district, as
specified per fhe Collier County Land Development Code (LDC) Subsection 2.03.04.c.16. The +/- 3.73-acre
subject property is located at 1995 Elsa Street, Section II. Township 49 Soufh, Range 25 East, Collier County,
Florida. (Coordinator: John-David Moss, AICP) CONTINUED FROM 10/2/08
C Petition: SV-2008-AR-13395, Immokalee-Wood, LLC. reprcsented by Michael R. Fernandez of Planning
Development, Inc., is requesting a variance from the Land Development Code (LDC) Section 5.06.04 C I. to
reduce the minimum separation of ] .000 lineal feet between signs to allow a sign separation of 276 :f: feet. The
subject property is located at 2600 Immokalee Road, Section 25, Township 48 South, Range 25 East, Collier
County, Florida. (Coordinator: Nancy Gundlach, AICP)
D. Petition: SV-2008-AR-13374, Naples Grande Beach Resort, represented by Hunter Hansen, requesting seven
variances. The first six Variances are from the Land Development Code (LDC) Section 5.06.04 C.!., which
requires a minimum separation of 1,000 lineal feet between signs, to allow a sign separation of 66::l feet, 40::1:: feet,
156'" feet. 66t feet,71+ feet. and 96+ feet. The seventh Variance is from LDC Section 5.06.04 C!., which
pem1its a maximum of two pole signs per street frontage, to permit a maximum of four signs along a street
frontage. The subject property is located at 475 Sea gate Drive, in Section 9, Township 49, Range 25, Collier
County, Florida. (Coordinator: John-David Moss, AICP) CONTINUED FROM 10/2/08
10. OLD BUSINESS
A. To have the Collier County Planning Commission (CCPC) review and consider two proposed ordinances as
follows: ]. To amend Ordinance Number 90-] 7, knov.m as the "Collier County Noise Ordinance", codified as
Chapter 54, Article IV, of the Code of I.aws and Ordinances of Collier County, Florida, which Ordinance
subsequenfly was amended by Ordinance Numbers: 93-77, 00-68, 04-15, and 07-61 that is intended to provide
sound levels that are not detrimental to life, health, enjoyment of his or her property; and 2. A proposed Ordinance
providing for a pennit to authorize the operation of outdoor serving areas; specifYing outdoor serving area penn it
application requirements; providing for suspension of sLlch permit; providing for operating regulations; providing
for conflict and severability: providing for inclusion in the Code of Laws and Ordinances; providing for repeal of
three specified ordinances; and providing an effective date. (Coordinator: Jeff Klatzkow, County Attorney; Jeff
Wright, Assisfant County Attorney)
II. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
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RECEI\~SCRlPT OF THE MEETING OF THE ~6 '~:'!
.' COtLIER COUNTY PLANNING COMMISSION FIala
DC I 1 3 2008 Naples, Florida ~ Halas -'
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Board {\t C0Ul'ltV COnllTliSS1QnerS August 21 ~ 2008 Henning v
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Coletta
LET IT BE REMEMBERED, that the Collier County Planning
Commission, in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in REGULAR SESSION
in Building "F" of the Govemment Complex, East Naples, Florida.
with the following members present:
CHAIRMAN: Mark Strain
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
David J. Wolfley
ALSO PRESENT:
Jeffrey K1atzkow, County Attorney
Joseph Schmitt, CDES Administrator
Ray Bellows, Zoning & Land Development Review
Thomas Eastman, CCSD Director of Real Property
Misc. COIfes
Date:
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CHAIRMAN STRAIN: Good morning, everyone. Welcome to the August 21st meeting of the
Collier County Planning Commission.
If you'll all please rise for Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: Thank you. If the secretary will please do the roll call.
COMMISSIONER CARON: Mr. Koltlal.
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer.
COMMISSIONER SCHIFFER: I'm here.
COMMISSIONER CARON: Mr. Midney.
COMMISSIONER MIDNEY: Here.
COMMISSIONER CARON: Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Mr. Murray.
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: And Mr. Wolfley.
COMMISSIONER WOLFLEY: Here.
COMMISSIONER CARON: We are 100 percent.
CHAIRMAN STRAIN: Thank you.
Item #3
ADDENDA TO THE AGENDA
Addenda to the agenda. We have a few announcements.
The consent Item 8(A), which is ABC Liquors, Inc., I think has been, it says, withdrawn. I'm not
sure if that means continued to another point or withdrawn for rehearing or what, but--
MR. BELLOWS: For the record, it's my understanding that they wish to come back before the
planning commission to clarifY a topic.
CHAIRMAN STRAIN: Okay. Under advertised public hearings, we have Item 9(C), which is
going to be continued until September, which is the Naples Baptist Church, Inc., on 2140 Moulder Drive.
We have Item 9(E), which is the Silver Lakes Property Owners Association. It's on 951 south of
41. And that's also continued to September 4th.
Then under old business, we have the noise ordinance, which is kind oflike a piece of Scotch tape,
you can't get it off your finger. It has been floating around here for a year to two years now, and it's been
continued indefinitely. I'm not sure what that means. I would hope that it's coming back to us sooner than
indefinitely but -- maybe you can't peg a date on it, but we do need to still get that fixed.
MR. KLA TZKOW: It's coming back to you fairly soon.
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CHAIRMAN STRAIN: Okay, good. There's a lot of people are still watching it so -- go ahead.
COMMISSIONER VIGLIOTTI: Jeff, is the noise ordinance and the outdoor seating ordinance
coming back, or both or one?
MR. KLA TZKOW: I believe we're bringing both back to you at the same time. The issue with the
outdoor seating -- the issue with the noise ordinance has been human voices, as well as the A TV in the
Estates. I think the ATV in the Estates issue is done. We're still working off of the human voice issue.
COMMISSIONER VIGLIOTTI: And the outdoor seating is coming back?
MR. KLATZKOW: I think -- Joe--
MR. SCHMITT: The outdoor seating ordinance basically has not changed since you reviewed it
probably well over eight or nine months ago. It is coming back to you at the direction of the Board of
County Commissioners.
It's basically included with the noise ordinance, because the direction was to review the noise
ordinance and compare it and contrast against the outdoor seating ordinance.
One of the two will go forward, not both, basically. But that's the board's decision. My objective is
to bring --I'm directed to bring the noise ordinance back to the board. The board's direction was to bring __
send back to you the outdoor seating ordinance.
And I think what the board is looking for is a recommendation, based on your review of the noise
ordinance, whether to proceed with the outdoor seating ordinance.
COMMISSIONER VIGLIOTTI: I think last time it came up, that's exactly what we decided, to put
some teeth in the noise ordinance and let the outdoor seating go away.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: We have to, I think, formally vote on it, and that's why it's coming back.
And after we're finished with the noise ordinance -- I imagine we'll take that first. If we're satisfied with it,
we may just recommend dismissal of the seating ordinance. So that's an option we could have.
I think that's all the issues written on the agenda.
Item #4
PLANNING COMMISSION ABSENCES
As far as planning commission absences, we have a unique situation has arrived, thanks to Tropical
Storm Fay. As you know, we were going to hear about half of our GMP amendments for the adoption
hearing on Tuesday. That got delayed by board order to August 29th. That's the day we were going to hear
the other half of the GMP amendments. And the other half includes the school board amendment, which is
rather lengthy.
Unfortunately what that does, it forces upon us a full day on GMP amendments on Friday of next
week. But prior to Friday of next week, which is the 28th, we have the LDC amendments that we were
going to try to finish up. Those also include the environmental segment of the LDC amendments, which are
rather intense.
So the way I'm thinking, we're going to have two full days. And what I would like to ask staff to do
in preparation of each of those days is to have alternative days lined up in this room to continue each one of
those meetings.
This panel may decide, because we have two days back-to-back which could go rather lengthy not
to take the full length of the days, maybe to start in the morning and cut off in midmorning instead of
working too late, and then dividing it up over a two-day period, depending on how fast we're moving
through those items. But we can make that decision on each of those next week during the meeting.
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MR. SCHMITT: And we will do that. I've already instructed my staff to look at dates to continue
each of those.
And just as a warning, the water supply plan that is scheduled for you to be -- to be heard by you
on the 29th, we are still having some difficulty in getting information needed, primarily from the
independent authorities. And so there's some issues there.
So that may be continued -- may be one of the items continued. We'll let you know certainly,
probably by the close of business tomorrow.
CHAIRMAN STRAIN: Okay, thank you.
As far as the attendance for the planning commission on the 28th, that will be the LDC day. Is
anybody here not going to be able to make it that day?
Mr. Wo]fley~
COMMISSIONER WOLFLEY: I may have an issue. I'm trying to get it changed, but I've had an
ongoing thing on --
CHAIRMAN STRAIN: We'll still have a quorum.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Question. On the 27th we're scheduled here?
CHAIRMAN STRAIN: That's been canceled.
COMMISSIONER VIGLIOTTI: Okay, and the 29th?
MR. SCHMITT: The 27th was taken of I your calendar quite a while ago. I don't know why it kept
on showing up. But that day -- I announced it quite a while ago.
COMMISSIONER VIGLIOTTI: 29th we're here tillI2:00?
CHAIRMAN STRAIN: That's the one I was going to bring up next.
Joe, that information, the 29th, isn't that the day that we found out we can run the full day?
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: That's what I thought. So that -- yeah, again, that's been corrected.
As far as the 29th, is there anybody here that cannot make it on the 29th?
COMMISSIONER WOLFLEY: Still, that's the two days I'm having issues with. I'll try to get them
resolved.
COMMISSIONER MIDNEY: Possibly not.
CHAIRMAN STRAIN: Mr. Midney as well.
Okay, so that would take us down to six, and we're okay then, so good to go.
MR. SCHMITT: Mr. Chairman, since you're talking LDC on the 28th, I trust everyone got their
packets and note on the cover sheet? There was changing the sheets for sheets, the pages -- the new pages
are of course the amendments and changes that came out of many of the DSAC meetings.
So h and we'll certainly make sure you're aware during the presentation of the changes or where
staff basically didn't agree with the recommendations ofthe DSAC. But we'll make sure that that's noted
during your -- the presentation to you.
CHAIRMAN STRAIN: Thank you.
On the GMP -- or on those LDC hearings, if you could kind of prepare your staff, because they're
related to EAR, and the environmental in particular, I would certainly like to hear and see on the screen as
we're discussing each change in the environmental what EAR paragraph -- or what EAR segment of the
GMP they think their interpretation applies that makes the LDC amendment come out the way it did.
I want to make sure that the interpretation we see from staff is what this panel understood the
outcome to be when the EAR was voted on. So that would be my --
MR. SCHMITT: Understand.
CHAIRMAN STRAIN: It might take a little bit longer to do that, but I think it would be well worth
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it.
And by the way, Tom is here. We forgot you, I think. You're so quiet over there all the time, Tom.
MR. SCHMITT: Well, Tom's big day will come on the 29th, because that will also be the school
concurrency issues and public school facilities element and many of the other activities associated with
that. So that's going to be -- we may be spending a lot of time on those items as well.
CHAIRMAN STRAIN: Good reason we're leaving an extra back-up day then.
Item # 5
APPROVAL OF MINUTES - JULY 3, 2008, REGULAR MEETING; JULY 9, 2008, LDC MEETING
Approval of minutes. The first is July 3rd, 2008, the regular meeting.
Is there a motion to either change or approve?
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Motion to approve, Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Is there a second?
(No response.)
CHAIRMAN STRAIN: I'll second.
All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
July 9th LDC meeting minutes. Is there a motion to approve?
COMMISSIONER VIGLIOTTI: So moved, approve.
CHAIRMAN STRAIN: Mr. Vigliotti. And I'll second.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MTDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
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Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Item #6
BCC REPORT - RECAPS - JULY 22, 2008, NONE
The BCC reports and recaps. Ray?
MR. BELLOWS: The BCC did not meet since the last planning commission, so there are no
recaps.
Item #7
CHAIRMAN'S REPORT: NONE
CHAIRMAN STRAIN: Okay. Chairman's report. I think I've said enough already this morning.
Item #8B
PETITION: RZ-2007-AR-12044, IMMOKALEE LLC
Consent agenda items, we'll start with that. And the first one that is actually on today's agenda is
8(B). It's the Immokalee, LLC.
There has been one change to the conditions of approval that's being suggested. If you all turn to
Exhibit B, Page 1, conditions of approval, and it's item seven.
And it said the development shall be limited to one full, in parenthetical, right in, right out, end
parenthetical, access driveway that shall be located at least 440 feet west of School Road 846 intersection.
Well, that's a contradiction in terms. One full versus right in, right out. Right in, right out is not a
full access. I believe the intent of the panel was to provide at least one full access into the property. It would
be real hard to get into it otherwise.
And so my suggestion to staff was to strike the words right in, right out, pending verification at
today's meeting.
Is there any comments and disagreement with that?
(No response.)
CHAIRMAN STRAIN: Are there any other corrections or changes or suggestions --
COMMISSIONER MURRA Y: 1 have a question.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: On that same page, Exhibit B, under number one --I'm sorry,
under number 11, we talk about a developer shall provide a 25-foot wide landscape buffer. Do we want to
stipulate what type butler that should be?
CHAIRMAN STRAIN: I think it's on there. If it's not on their plan, we may want to.
COMMISSIONER MURRA Y: I looked at the master plan. The master plan doesn't comport with
the statement, actually. The master plan hasn't changed. If not, we should probably under number one
stipulate applicability.
CHAIRMAN STRAIN: Well, it says 15-foot Type D buffer.
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COMMISSIONER MURRAY: Yeah, but it doesn't say 25, so --
CHAIRMAN STRAIN: Yeah. And Kay--
MS. DESELEM: For the record, Kay Deselem, Principal Planner.
This was a condition that you all added at the hearing. You didn't specifY the type that you wanted,
you just said a 25-foot wide landscape buffer.
So it's not shown on that plan, because the plan that was submitted on 8/4 was prior to you adding
that condition.
CHAIRMAN STRAIN: Okay. So that 15-foot Type D goes to 25-foot Type D.
MS. DESELEM: That's correct.
CHAIRMAN STRAIN: That would have been the assumption that -- I know I made the
suggestion, but I just simply suggested they widen that 15-foot buffer to 25 feet, and the applicant accepted
that.
COMMISSIONER MURRAY: Then I would agree with that.
CHAIRMAN STRAIN: Okay. So I think the D doesn't change, it just goes from 15 feet to 25 feet.
MS. DESELEM: Okay. So you want us to add in the actual letter designation for that then as well?
CHAIRMAN STRAIN: Well, the plan has it, but the corrected plan where the]5 is would say 25.
So the Type D never was into discussion, it wasn't a point of change. So I think it's going to be a 25-foot
Type D buffer instead ofa ]5-foot Type D butler.
MS. DESELEM: We'll add that correction --
COMMISSIONER MURRAY: So the plan will change.
CHAIRMAN STRAIN: The plan will change, yes, that's correct--
COMMISSIONER MURRAY: But either one or the other has to be, yes. Thank you.
CHAIRMAN STRAIN: Okay?
MS. DESELEM: Yes.
CHAIRMAN STRAIN: And Mr. Wolflcy?
COMMISSIONER WOLFLEY: Yes, on the same exhibit, number ]2, we had discussed this a
number of times, the developer was advocating that this sidewalk would go from nowherc to nowhere. And
they had suggested putting the sidewalk up wherc it would do good.
CHAIRMAN STRAIN: The sidewalk they were talking about going nowhere to nowhere was the
one at 846. This is the one on School Road. This is a secondary street coming ofT of 846.
COMMISSIONER WOLFLEY: Thank you, I'm sorry.
CHAIRMAN STRAIN: Are there any other corrections, comments, changes on the consent agenda
item?
Ms. Caron?
COMMISSIONER CARON: Ijust had a question. The height here is 50 feet. Was that zoned
actual or both? Does anybody know?
MS. DESELEM: It's zoned height. You go to condition number six, it specifies zoned height.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Okay. Anything else?
(No response.)
CHAIRMAN STRAIN: If not, there were two corrections, correcting number seven to strike the
words right in, right out, and then correcting the master plan to indicate that thc ] 5 Type D buffer is a
25-foot Type D buffer.
MS. DESELEM: And I'll add that also to condition number] I.
CHAIRMAN STRAIN: Number] 1.
COMMISSIONER MURRA Y: Move to recommend approval.
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CHAIRMAN STRAIN: Mr. Murray made a motion to recommend. As stipulated, Mr. Murray?
COMMISSIONER MURRA Y: As stipulated.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: Seconded by Mr. Midney.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signity by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0. Thank you.
Item #9A and #98
PETITIONS: V A-2007-AR-11494, CAPTIV A POND; CU-2007-AR-11493, CAPTlV A POND
CHAIRMAN STRAIN: Now we'll move into our first advertised public hearing. Actually, there's
two of them. They're kind ofa matched pair.
Mr. Klatzkow, I'd like to hear them both together and then we'll vote on them separately; is that
acceptable?
MR. KLATZKOW: That is acceptable.
CHAIRMAN STRAIN: 9(A) and 9(B) will be both be heard together. One is petition for Variance
V A-2007-AR-11494, and it's Darryl J. Damico for Captiva Pond on 54th Avenue Northeast.
The second is Petition CU-2007-AR-11493. It's a conditional use for Darryl 1. Damico involving
Captiva Pond on 54th Avenue Northeast.
All those wishing to testify on behalf of this applicant, please rise to be sworn in by the court
reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Okay, are there any disclosures on the part of the planning commission?
(No response.)
CHAIRMAN STRAIN: Patrick White, was he ever -- he was involved in this project.
MR. HANCOCK: Yes, sir, he -- for the record, Tim Hancock with Davidson Engineering.
Patrick and I are co-agents on the application. Patrick is currently on his honeymoon we hope
having a better time than we are.
CHAIRMAN STRAIN: Well, the only reason I asked is he mentioned the project to me, but at the
time there was no paperwork circulated on it. And I said, why don't we just wait until we get the paperwork
before you bring it up. And so other than that I don't believe we had much other discussion on the matter.
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MR. HANCOCK: Mr. Chairman, I need to admit my error in not adding Patrick to the application
as a co-agent, but for the record, he does represent Mr. Damico likewise.
CHAIRMAN STRAIN: Okay. So with that we'll move into the presentation. And Mr. Hancock, if
you could go through both of them and whenever you feel it's appropriate for questions, let us know and
we'll be glad to entertain you.
MR. HANCOCK: Yes, sir. As stated, I'm with Davidson Engineering, and I'm representing the
applicant, Mr. Gerald Damico on both items 9(A) and 9(B) before you today.
Item 9(A) seeks a variance to permit more than 50 percent of the subject property located within
the Estates to be excavated. And Item 9(B) seeks a conditional use to permit off-site removal of fill from
the site.
The history of this project is contained in your staff report. And some of you may have had a little
case of deja vu as you reviewed the staff report, seeing this application approximately two years ago.
I'll recap the history of the project as briefly as possible for you. This site was an active excavation
from 1997 to 2003. It provided till and perc sand for building pads and drain field construction, primarily in
the surrounding Estates area.
The prior excavator over-excavated the site in an area of just under one acre of the originally
approved excavation limits. And there were two separate excavation permits issued for these properties.
The lake was never dug to its full permitted depth of 20 feet.
In 2006, applications were made for conditional use and variance approval that would allow for the
lake to be brought into compliance and to expand the excavation limits to the south and west.
In response to those applications this body placed II stipulations on the project at the time, and
forwarded the applications to the Board of County Commissioners with recommendations of approval.
Subsequently the variance was approved and the conditional use denied by virtue of three votes in
the affirmative for each application, conditional use requiring four.
The stipulations that this body placed, all II, have survived the process in the intervening time
period and remain in the application before you today.
The key changes in the application before you today, and again, I keep that history brief because
most of you were here a couple of years ago on this application. But let me give you a quick, broader
picture.
The excavator at the time who actually made the application two years ago made some mistakes on
the site. The primary concern of the board was not to reward an applicant for making mistakes. You go
outside of an excavation limit -- and while excavation permits do allow you a 20 percent fluctuation -- to
go outside those limits and then have the appearance of being rewarded tor doing so by expanding your
operation did not sit well with the board.
And the board made some specific suggestions as to how that could be addressed as this process
went through in 2006. Those changes are embodied in the application before you today, and I'd like to go
over those with you.
First of all, a parcel of land that was previously surrounded by the excavation, there was a sliver, if
you will, along 54th Avenue that was not included in the application. Mr. Damico has since purchased that
property, much to his dismay, at the peak of the market, and it is now included in the application, which
resulted in the squaring off of this excavation.
So that was helpful in that it didn't create a parcel that was then going to be surrounded on three
sides by the excavation. So we think from a compatibility standpoint that is by far an improvement.
Secondly, instead of limiting the excavation to permit for the development and sale of subsequent
single-family homes, the last application before you letl a ring around the lake, if you will, and homes
could be placed there once the excavation was complete.
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That again was a bone of contention with the county commission who recommended why don't
you just dig the whole thing out. And that's verbatim from their record.
The plan before you today actually does that. It pushes the limits of the excavation out to the edges
of the property so there's no residual residential land use plan bcing proposed here today. It's simply an
excavation.
I'd like to point out, this excavation for perc sand and fill sand involves no blasting and no
dewatering in the traditional sense.
The South Florida Water Management District does call dewatering when you take wet material
out of the b'Tound and you stockpile it and the water drains back into the lake, they do call that dewatering.
But I think when we all think of dewatering we tend to think of basically walling and pwnping water out,
which would have an -- so you could do a -- dig an area a little bit deeper. That will not be occurring on this
site. No permit has been applied for, nor do we feel that's necessary to reach the permitted depth or the
requested depths for the excavation.
And probably the last point and the one that's most significant is upon completion of the
excavation the owner has offered to voluntarily deed the property over to Collier County for whatever use
they wish. We really don't care. Plant petunias, make it a park, not our issue.
The point being that one of the questions in the last course of discussion was well, gee, who
maintains it. If you dig the thing out to the limits, what's the incentive for the property owner to keep it in
decent condition.
We have had discussions with County Parks and Recreation. They've had some ideas. And one of
the things that we are proposing, if you'll notice in the exhibit before you, along the north edge of the lake,
the limits of excavation have actually been pulled back to leave a parcel of land which is going to require a
combination of some excavation and some filling from the current existing lake shoreline.
And the reason for that is should the county wish to do something with the property, again, we
don't want to get wrapped up in that discussion of what the county mayor may not do with the property
should this rezone be successful and they accept the deed to the property upon completion of the
excavation.
We have left enough room up there to allow for a passive park, possibly a boat ramp for fishing.
The county's talked about a sailing center. Those types of discussions have been ongoing.
But again, we don't wish to make that a part of our application but wanted to at least point out that
there is a residual area of land that will be remaining that could be of use to the county for recreation
purposes, should it wish to do so.
We believe this approach will satisty the stated concerns of the county commission when the
application was narrowly denied in 2006, and also assist in furthering the goals ofthe county and meeting
the needs of its residents in the future.
When this application was filed, the market was very different than it is today, with fill prices
much higher and gas prices much lower. With the reduced demand and increased fuel prices, some of the
proposed parameters have certainly changed.
The applicant would like to request consideration of the following additional items by this body.
Nwnber one, that the project -- I've limited that the project would have no more than 50 trucks per
day. That's a limit placed on it to try to ensure a degree of compatibility with the surrounding
neighborhood.
We'd like to alter that to an average of 50 trucks per day with no more than 75 in a given day. And
the reason is that if inclement weather or other reasons cause that 50 trucks per day to drop below and
you're capped at 50 the next day, it actually extends the life of the excavation. So we'd like a little flexibility
in not capping it at 50 trucks per day but capping it at 75 with an average of 50. That allows a little
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operational flexibility. It is not a substantial issue, but one that we wanted to request just the same.
Secondly is, due to the currently reduced demand for fill, the life of the conditional use is not
limited, so that the completion of the excavation will be tied to the demand in the market instead of an
artificial time frame.
Again, this application being filed in 2007 even, we've seen the demand for fill drop from that
time. So the -- it may push out the life of the excavation a little bit, but we believe that the elements that
have been incorporated in this application -- which by the way do include a six-foot high berm on three
sides of the project; each side which borders residential will have a six-foot high berm constructed. The one
side that borders agricultural with no residences would have a fence.
We think that again a higher degree of compatibility is being here achieved today.
And the third item is, as a correction the proposed excavation -- your application states that it
represents 90 percent of the available property. The actual number is 78 percent. That number has dropped
down because of a small native preserve area, plus the area that is required to construct a six-foot high
berm with four-to-one slopes is about 50 feet all the way around the lake. And we actually are going to
have to fill thc lake in some areas to accomplish that.
And the last thing is, stipulation 13 contained in your staff recommendation would require the
applicant to pay Collier County $1.00 per loaded truck exiting the site.
The application before you requires that the owner bring the site into compliance with all LDC
standards including buffering, which require both time and money to complete.
The applicant has removed all residual value from the property for the elimination of home sites
and a voluntary donation of the property to the county upon completion.
With the depressed fill values we currently face, this particular requirement seems onerous. Mr.
White has asked that I point out to this body that the last time the BCC was asked to address the issue of
impact fees for excavation, they took no action.
The rcquirement would seem to reverse that decision. The applicant would appreciate the
consideration of this body in removing stipulation 13. But please understand, if necessary the property
owner would rather proceed with the support of this body, even if it means that stipulation remaining.
I'd like to thank Ms. Zone for her diligencc in picking up the pieces with regard to this application.
Our planner originally assigned, Mr. Brown, is no longer with the county and Ms. Zone had to step in at the
last minute and pick it up and get this thing scheduled.
We appreciate her efforts and would be pleased to address any questions you might have at this
time.
CHAIRMAN STRAIN: Before we ask general questions, I've got one clarification I'd like you to
show us. You've got on here a proposed lake. The variance request is for an after-the-fact variance. Which
portion of the plan is after-the-fact?
MR. HANCOCK: The pen on the display is pointing to the most southwest corner of the existing
excavation. This is an area that was supposed to be used for stockpiling and dewatering. In that process the
excavator scraped the area, and it was outside of the limits of the excavation.
So that is where, when you look at the existing excavating permits, that's the area that is outside of
those permitted areas.
CHAIRMAN STRAIN: When you came in in 2006, was it for a variance as well? I was here, I just
don't remember.
MR. HANCOCK: Yes, sir. The variance was -- the variance really is to exceed the 50 percent limit
as a part of thc new application.
However, let's assume the property owner was just trying to make what was there legal. They still
would have had to require the variance, because of going outside the excavation limits.
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CHAIRMAN STRAIN: But in 2006, what was that variance request for?
MR. HANCOCK: That again was for the limit of 50 percent of the land mass being excavated.
CHAIRMAN STRAIN: That was the one you were talking about.
MR. HANCOCK: Yes, sir.
CHAIRMAN STRAIN: Okay. I wasn't sure. Okay, I have a lot of questions, but I will defer to my
board members first.
Go ahead, Mr. Kolflat.
COMMISSIONER KOLFLA T: Yes, the LDC outlines several guidelines that are to be used in
making a determination of this petition. And both your report and the staff's report identifies those
guidelines and gives a response to the guidelines. If you look at the first five of these guidelines in your
report, as well as the staffs report, they are completely opposite as far as a yes or no answer.
And I'd like a little more explanation as to why you feel that your answer should dominate over the
staffs reference who has looked at this thing from the viewpoint of the LDC.
MR. HANCOCK: Mr. Kolflat, are you referring to the conditional use application or the variance
application, sir?
COMMISSIONER KOLFLAT: The first application. That's the variance one. Page 4 of8 of your
report.
MR. HANCOCK: Yes, sir. Under analysis, and looking at the staffresponses to question A
regarding special conditions or circumstances which are peculiar to the location, size and characteristics of
the land, structure or building involved, my response to that is yes, there are special conditions and
circwnstances, while they were the doing of the excavator, not the property owner.
What we have is we have a site that sits in an existing condition today that is not appropriate or
normal. Candidly, this was an absentee operation. It's no excuse, but Mr. Damico was not the one operating
the removal of fill. What he's been left with is a site that is not in compliance.
Whether this conditional use is approved or not, there's going to have to be excavation on the site
in order to bring the site into compliance. The site's going to have to be either filled or corrected. I believe
those are special conditions or circumstances that should be considered in viewing this application.
As far as size and characteristics of the land, we are as far out in the east of the Estates as you can
get. It's out there a ways. There's not a substantial amount of residential development around the project.
Not to minimize the homes that are out there, but it's in a fairly sparsely populated area. Again, I think that's
a consideration this board has to look at in determining whether or not the proposed excavation is
appropriate.
Under B, special conditions resulting from the action which do not result from the action --
COMMISSIONER KOLFLA T: Before you leave that last one, though, there were two excavation
permits that were issued that identified the limits of the excavation activity, did they not?
MR. HANCOCK: Yes, sir. The application before you today includes additional land. I think in
those two excavation permits, the fact that the permits were issued and that this has been an active
excavation from a period from 1997 to 2003 shows that there was a decision and a code requirement at the
time that excavation in this area is appropriate.
We're asking to continue that excavation. This is not a new excavation. You kind of have two
choices when it comes to fill. You can either take it out of existing pits or you can start new pits somewhere
else. I think you'd be hard pressed to find a piece that is more remote than this piece for the purposes of
excavation. And the fact that the material removed trom this particular pit is used primarily for fill pad and
perc sand, and the greatest user of perc sand is septic systems, and the greatest area where septic systems
are being installed is the Estates puts this excavation in the back yard of the very folks who are going to
need it. I believe those are special circumstances, sir.
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As for the second item regarding circwnstances which do not result from the action of the
applicant, such as pre-existing conditions relative to the property, again, I'm not excusing Mr. Damico as
the property owner by any means, but we did have an excavator out there that moved outside of the
boundary. It was done so without the knowledge ofMr. Damico but he's left with a mess to clean it up, one
way or the other.
You may recall in 2006, the applicant was the excavator. That's not the case today. Mr. Damico has
had to take a very direct interest in getting this problem revolved.
In order to fix the site, it's going to take money. And I think that's where the board was worried
about the applicant being rewarded, if you will, by expanding an excavation. We hope we have addressed
that issue.
But I do believe there are circwnstances that the applicant itself, the property owner, did not create.
We had an excavator moving outside of an area not to his knowledge, and now we're stuck to fix the
problem.
The third item, as far as a literal interpretation of the provision of the zoning code work
unnecessary or undue hardship on the applicant or create practical difficulties for the applicant. Again, I go
back to the simple point that it is going to simply take money to fix this.
In order to bring this lake into compliance, we would have to dredge from the bottom of the
existing permitted excavation area, throw that material up onto the shallow areas of excavation that were
outside of the original limits, with no ability to haul off-site, no ability to receive revenues from that
operation.
So is it a financial hardship for Mr. Damico, whose primary role of construction is down in this
market right now when fill prices are down? Yes, we believe it is.
COMMISSIONER KOLFLA T: But the expended excavation activities were an action of the
property owner.
MR. HANCOCK: Yes, sir, they were an action of the excavator. But again, you know, Mr. Damico
received -- and the way it traditionally works is when you bring an excavator in, is the property owners pay
the royalty. The property owner doesn't necessarily go out there every day and check the limits of the
excavation. You trust the person doing the operation to do it within the boundary of the rules.
That didn't happen in this case, so Mr. Damico is left holding the bag. And quite candidly, we've
looked at the amount excavated and believe there's a discrepancy between what the excavator indicated and
what has actually been removed from the site.
Again, I'm not crying poor mouth for Mr. Damico, it's just the reality of the situation. He's left with
an issue that's going to be financially dillicult for him to resolve without the ability to increase the
excavation area and derive some revenue.
Item D, the variance if granted would be the minimum variance that would make possible the
reasonable use of the land, building or structure which promotes standards of health, safety and welfare.
On this one I do agree with staff, this is not the absolute minimwn. Could there be less excavation
that would at least try and tie this into a situation where it could be revenue neutral for Mr. Damico?
Probably.
And when I say revenue neutral, please understand we're already stripping the development value
of the property away in this application, plus giving the land to the county. There is no residual value.
The only money to come out of this property is either going to be through the excavation or it's
going to be through the sale of the property for residential use if this project is not approved.
Those are our two options: Go in and spend money to clean up the site to fill parts of a lake that
just costs money and in the end no one benefits, or dig a little bit more, build out the site, eliminate the
residential units and give the property to the county.
Page ] 3
AlRt ! 1, 2~l6
When I look at those two scenarios, I think one clearly outweighs the other.
But is this the absolute minimum variance? No, I have to agree with staff on that.
And the fifth one, will granting the variance confer on the applicant any special privilege that is
denied by these zoning regulations to other lands, buildings or structures in the same zoning district?
The reason I disagree with staffs response of yes here is that I think you'd be hard pressed to find
another property that is sitting in the situation this one is.
It is a perc sand operation. No blasting is required in this site. A lot of the areas in here, you have
rock running through them and whatnot. So in close proximity to residences out there it's a pretty clean
operation.
So again, I think this is a unique situation. I think in your history you'd be hard pressed to go back
and find a similar situation. But that's the only basis for the reason I disagree with staff response to Item E,
Mr. Kolflat.
CHAIRMAN STRAIN: Anything else, Mr. Kolflat?
COMMISSIONER KOLFLAT: No, that's good. But I want to compliment the staff. We talked
about these findings in past about not just parroting something but going into them, and I think they made a
good analysis of this.
CHAIRMAN STRAIN: Thank you.
Mr. Wolfley?
COMMISSIONER WOLFLEY: I just -- and you answered a couple of my questions. But Mr.
Damico has owned this property for how long?
MR. HANCOCK: At least since 1997.
COMMISSIONER WOLFLEY: And he was the owner during both of the permitting permits?
MR. HANCOCK: Yes, sir, that's correct.
COMMISSIONER WOLFLEY: Okay, just -- okay, I'll get to something later. Thanks.
CHAIRMAN STRAIN: Any other questions at this time?
Ms. Caron?
COMMISSIONER CARON: Yeah, could you put up, Ray, Page 3 of the variance report, the aerial
photo of the site as I believe it is today.
MR. HANCOCK: Actually, the aerial photo in your staff report is not as current -- and this may be
part of kind of the leftover that Ms. Zone had to deal with when Mr. Brown was no longer involved with
the project.
Let me give you an aerial that is -- yeah.
COMMISSIONER CARON: So that's what it currently looks like?
MR. HANCOCK: Yes, ma'am.
COMMISSIONER CARON: So that means that the entire separation has been taken out. There
were two lakes here, as you can clearly see from the other aerial photograph. So the entire separation of the
lakes was taken out.
MR. HANCOCK: Unfortunately this one doesn't show it all that clearly. The short answer, Ms.
Caron, is that yes.
The excavator, through -- I don't understand how or why, and maybe Mr. Spencer can shed some
light on this -- thought that he had an okay from county staff to go in and take that out.
Now, how that happens after this was denied in 2006, I'm at a complete loss for.
What happened is the excavator came in and scraped the top material off in that connector, so --
this one doesn't show it, but if you look on the county appraiser's website, you can actually see that most of
that is still there. It's about two feet below the surface of the lake.
So apparently he thought he had the permission or direction from county staff -- and there is
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AUg!t~ 1 ~ 2001 A 6
nothing to substantiate that, I'm very clear about that -- to remove the barrier between the two lakes. And he
scraped the top of it off. Not all the way down to a severe depth. So that could be replaced.
But it does point out one ofthe issues that came up in the original discussion back in 2006 on this,
which is from county staffs perspective, I think from everyone's perspective, would we be better off having
two separate divided lakes out there or would the lake actually function better as a single body of water?
And I think unanimously the opinion was yes, it would function both aesthetically and whatnot
better as a single body of water.
COMMISSIONER CARON: But in point offact the Board of County Commissioners said no.
They denied that conditional use in order to do that.
MR. HANCOCK: Yes, ma'am, they did. And I am at a loss for where his direction came from, to
be candid.
CHAIRMAN STRAIN: Mr. Midney, then Mr. Schiffer.
COMMISSIONER MIDNEY: Do you plan to do any sort of a littoral border with plantings if this
is restored to a lake the way you're proposing?
MR. HANCOCK: Mr. Midney, one thing that the planning commission doesn't see on some of
these excavation or conditional use applications is the actual excavation permit itself. That goes just to the
board.
In that permit it does show the littoral shelf planting area. Where the example on your visualizer is
pointing to, over in that comer we felt because it's closest to an existing home -- there's an existing home
next to the property and has been for some time on the northwest corner. There's another home that this
expansion would be adjacent to at the southwest corner.
So what we felt was most appropriate over there is to reduce the -- if we're going to put a littoral
shelf somewhere, let's do it somewhere where we reduce the dig time and operation close to that
single-family home.
Right where the pen is pointing, inside that berm would be approximately a 1.3-acre littoral shelf
that would have to be constructed and planted.
That's one of the other issues is these old excavation permits don't have littoral shelf requirements.
So what we're having to do is not just provide littoral shelf for the new excavation area, but really for the
total lake.
That's part of kind of a remediation to bring this thing up to current Land Development Code
standards, that we're not doing it just lor the expansion, we're doing it for the entire lake, as the LDC
requires. We're not asking for any points on that.
CHAIRMAN STRAIN: Okay, Mr. Midney?
MR. HANCOCK: I stand corrected. The littoral shelf is 2.6 acres.
COMMISSIONER MIDNEY: And it's going to be around the entire lake?
MR. HANCOCK: On the electronic age, we've removed push pins.
The area indicated in the dark line there would be the littoral shelf planting area.
COMMISSIONER MIDNEY: Only on one comer?
MR. HANCOCK: Yes, sir, lor two reasons: One is the existing slopes of the lake in many areas
has already been done. One of the things the excavator was required to do was to go back in and fix some
slopes.
There was a prior code enforcement issue where there had been some washout areas. So those
slopes have been done.
We actually have to bring fill in to create littoral shelves on the majority of the perimeter of the
existing lake. So the new excavation area was where it was easiest to create the shelf and we thought most
appropriate next to the home.
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And I've been corrected, Josh Fruth, the engineer on the project that's doing the excavation permit,
that littoral shelf does go all the way up the western side of the property.
CHAIRMAN STRAIN: Anything else, Mr. Midney?
COMMISSIONER MIDNEY: (Shaking hcad no.)
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, my question's kind of on depth too. You mentioned in your
presentation that the existing excavator didn't go deep enough. What does that mean?
MR. HANCOCK: It's currently at a permitted depth of20 feet. There's some parts of this lake that
are only six feet deep, and so there's more depth to be had therc.
Additionally, one thing that wasn't done in the original excavation permit is the area was not cored
and looked at from a geotechnical perspective as to how deep could the lake go.
And so we can go up to 40 feet before we hit a confining layer in this area. And the confining layer
is actually a little below that. But without question, 40 feet is an achievable depth on this lake.
COMMISSIONER SCHIFFER: And the point made is that you are doubling the depth of this lake
in this application?
MR. HANCOCK: The excavation permit will ask to go to 40 feet, which the board will hear, yes,
SIr.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Good morning, sir.
MR. HANCOCK: Good morning.
COMMISSIONER MURRA Y: Sometime we've learned over time that some developers will
dedicate roads to the county and the county does not accept them, so there's that in between area. That leads
me to the general area of your donation, whether it be by dedication or whatever method.
It would have a value. The property would have a value as a lake, would it not, since you're
creating a lake? The property doesn't get a diminished or no value, it has some value, does it not?
MR. HANCOCK: I think from the property appraiser's standpoint he probably isn't going to value
it any differently ifthcrc's a lake on it vcrsus vacant land. I haven't studicd that, but that would make sense.
COMMISSIONER MURRAY: Well, what I'm driving at is that that's appreciated that Mr. Damico
would like to offer it to the citizens. I'm just trying to understand whether or not if there's no value to the
lake, is there any value to the county, or does the county inherit, like one of those roads, it's dedicated and
not something that they want to accept?
Is there any certainty that the county will accept this lake when complete?
MR. HANCOCK: We were a little concerned about trying to ncgotiate a certainty to that, to run
afoul of something in the lines of contract zoning. Gee, if you give us our conditional use, we'll give you
the lake. That's not an appropriate situation for an applicant to be in or to place the county in.
What I can tell you is that we have even -- I've gone to the point of doing some site planning for
Parks and Recreation to make sure that the remainder along the north edge is sufficient to have ample
recreation value to the residents of the county for what the Parks and Recreation Department would like to
see out here or believes would be programs that the public would want to see out here.
And one of the things they mentioned in our discussions was a sailing center, much like they have
at Sugden Park. And one of our idea~ was, you know, what about -- whcn you end up with a 36-acre lake,
that's a pretty sizable bass fishery that could be created there, and so the opportunity to have a small boat
ramp and a parking area.
So what we'vc done is the value of this property really is in the rcmainder two acres that is going to
be left on the north property. That ha~ a value in that you could put homes on it. And those would be
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August 21, 2008
terrific home sites at I 50-feet wide looking across a 36-acre lake.
It has a similar value I believe to the county and maybe a higher value, for long-term use of both
stormwater management, public recreation or whatever other purpose the county may deem is appropriate
for this location.
So I believe by leaving that two-acre parcel on the north, the applicant is foregoing the excavation
of that area. That certainly ha~ value. And beyond that, the long-term value as public use area I think is
there.
COMMISSIONER MURRAY: I thank you for that answer.
The reason it goes a little deeper than that, before you indicated there were only two
representations of value to the remainder of the property. But I offer that there's a third. Because ifit's a
donation and it has a value, Mr. Damico or his corporation, whether he owns it individually or what, would
benefit from tax advantage for the donation. So it does have a value that is not represented so far. We don't
know what that value is because no one has determined its value.
But I think it would be important to note that when donated, certainly I would expect Mr. Damico
to take advantage of any tax benefit that he could.
But I think it needs to be on the record that that's there and that might be a mitigation in some form.
May have nothing to do with that we're doing ultimately but -- the other question I did have was -- okay, he
talked about the littoral plantings, so I guess that basically was it for that. But I did want to cover one other
area.
The permits expired in '02. Are new permits required?
MR. HANCOCK: A new excavation permit for the proposed lake limits is required.
COMMISSIONER MURRAY: And are you certain that you'll be able to get those?
MR. HANCOCK: If the conditional use is approved and the variance is approved, then yes, sir. We
actually have applied for an Environmental Resource Permit with the South Florida Water Management
District. And that pennit should be issued prior to the board taking action on this.
COMMISSIONER MURRAY: Okay, that's basically what I was talking about in that regard.
Okay, I think you've answered my questions. Thank you, sir.
CHAIRMAN STRAIN: Any other questions of the applicant?
Go ahead, Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: You had said that we received the wrong aerial in the packet?
MR. HANCOCK: Yes, sir. That aerial is a little older than the current aerial photography available
on the appraiser's website.
COMMISSIONER VIGLIOTTI: Okay, because we do have two, and they're different. And one is
dated '07, I believe, and the other one, there's no date on it. Do you know when that was done?
CHAIRMAN STRAIN: No, the one that n this particular one, Tim, is what he's talking about. This
was the one officially included in the staff's packet.
The one that we should be using was the one included in your environmental report. Does that
clarity it?
MR. HANCOCK: Yes, sir. That was the one that we submitted. For some reason Mr. Brown was
using an older aerial, and I don't understand why.
COMMISSIONER VIGLIOTTI: So we'll disregard the other one.
MR. HANCOCK: Yeah. The aerial that you see in our packet, which is the one that the Chairman
referred to, it's titled Captiva Pond, Golden Gate FLUCCS Map, that aerial is the most current aerial
photography available from the property appraiser. I think the rural areas were not flown this past year.
They'll be flown next year.
CHAIRMAN STRAIN: Mr. Wolfley?
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Atg~sJ21, ~A 6
COMMISSIONER WOLFLEY: Yes, I -- you're not going to excavate any more acreage? In other
words, you're just going to go depth, or are you going to take any more of that?
MR. HANCOCK: No, sir. As the exhibit on the visualizer shows, we will be -- the request is to
continue in the southwest and increase the size of the lake.
Candidly, there's an expense to mobilizing equipment. We've got a problem out there that's got to
be fixed, and we're just simply trying to find a way economically to dig out of this hole. No pun intended.
COMMISSIONER WOLFLEY: Thank you.
CHAIRMAN STRAIN: Okay. Mr. Hancock, I do have questions. Before I ask you yours, it might
solve some of yours if! were to ask Stan Chrzanowski some questions first.
MR. HANCOCK: Yes, sir.
CHAIRMAN STRAIN: So Stan, if you don't mind.
MR. CHRZANOWSKI: Good morning, Commissioners, Stan Chrzanowski with engineering
services.
CHAIRMAN STRAIN: Good morning. I have several issues involving the way they got here.
Comments made by Mr. Hancock concerning soil tests. Were soil tests done before the lake was
excavated?
MR. CHRZANOWSKI: Yes, sir. We usually have soil testing done, but we know that the area
around here is deep sand. And back in those days we would let people go out and actually dig holes on the
site rather than a full boring, because we found that that was a more accurate way of finding out what was
under the ground.
CHAIRMAN STRAIN: Just want to make sure that those cells didn't show a confining layer to
below the depth that he's asking to go to today.
MR. CHRZANOWSKI: No, sir, even the new soils tests show the confining layer as a clay down
at about 40 feet to 50 feet, like Mr. Hancock said.
CHAIRMAN STRAIN: Is there any excavation bonds posted on this site?
MR. CHRZANOWSKI: Yes, there's an existing bond still in effect.
CHAIRMAN STRAIN: Do you know what the value of that bond is?
MR. CHRZANOWSKI: No, sir, I don't.
CHAIRMAN STRAIN: Do you have any cross-sections on this site yet?
MR. CHRZANOWSKI: We had cross-sections, but I'm sure that those are not the latest. We
haven't had a report on this site in a few years.
CHAIRMAN STRAIN: When the bonds that you had posted, they would have to be bond based on
the quantity of material removed from the lake or proposed to be removed?
MR. CHRZANOWSKI: Proposed.
CHAIRMAN STRAIN: Right. What size lake was it bonded for, the original 20 or the amended 36
or the proposed 40 --
MR. CHRZANOWSKI: There were two initial permits on this property. Because back in the old
days, well, the code said you could only dig up to 50 percent of the property on a 20-acre parcel. So you
could really only dig a 10-acre lake on a 20-acre parcel.
And the reason they put the 50 percent in the code was they wanted to make sure that when the
excavation was done you could build a house on the same parcel.
If! could put something on the visualizer?
CHAIRMAN STRAIN: Sure.
MR. CHRZANOWSKI: What you're looking at is a colored LIOAR topography of the site. It's a
colored LIOAR topography of the site, and the colors are based on elevation.
Right in the middle of the site is n this is from January, 2001. The large lake on the right had
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already been dug over the amount that it was allowed to. And he had started the other permit on the left.
But if you look off to the left of that, you'll see two other excavations that were done on parcels. At
the time that this excavation was done, we were allowing excavations in Golden Gate Estates, but as long
as there was no blasting involved.
Those excavations all hauled off-site, and when they were complete, homes were built on those
parcels.
The board didn't want just a plain excavation on any parcel in the Estates back then. You had to
leave land to build homes.
We don't know why staff never had any problem with just a lake, because you have water
retention, you have some ability for recreation. But I think the board, like a couple of the commissioners,
was worried about maintenance of the parcel when it was done. If it wasn't turned over to some entity that
could actually use it for recreation, then you had a problem.
CHAIRMAN STRAIN: On the cross-sectioning of the lakes, if the lakes are improperly dug and
the cross-sections aren't appropriate or they turn out to be inappropriate later or they fall in, cross-sectioning
is done to assure the sloping is correct.
And part of the sloping issue is to assure that public safety, health, safety and welfare is that they
can -- if someone were to fall in a lake with steep slopes, they may not be able to get out. The shallower
slopes allow someone to climb out.
If the county were to take this lake under any proposal, who would be responsible for making sure
the cross-sectioning is appropriate and that the slopes are in place and maintained?
MR. CHRZANOWSKI: We would be. And after the last set of board hearings, one of the reasons
that some of the work was done out there is we told the contractor to go out and dress up the lake side
slopes.
And we were monitoring while he did that, although we never received any cross-sections. And it
was during that doing of that work that I think that middle portion was removed so he could get the fill to
fill in some of those side slopes.
But we never did receive final cross-sections because they just kind of stopped operation after a
while.
CHAIRMAN STRAIN: So you still don't know if the cross-sections meet county minimum
standards in regards to slopes and safety.
MR. CHRZANOWSKI: No, sir, I don't.
CHAIRMAN STRAIN: Okay. If the side slopes are sand, which I think you indicated, and there's
no confining layer, clay layer for quite a distance, how do they hold vertical?
MR. CHRZANOWSKI: They -- sand is funny. Our code calls for a four-to-one slope --
CHAIRMAN STRAIN: Right.
MR. CHRZANOWSKI: -- down to a certain elevation and two-to-one after that.
And you'll see a lot ofthe lakes in Collier County form a little scarp from the wave action. Sand
tends to -- natural angle of repose of sand under water, I have seen sand settle down to a 20-to-l slope. But
I have also seen lakes like this hold up fairly well at two-to-one and four-to-one for long periods of time.
CHAIRMAN STRAIN: Well, and the lake is -- this is, compared to some excavations, this is not
that big ofan excavation. And if they were to take 40 feet out of this lake, that would force the slopes along
the sides to go more vertical than sloped at a four-to-one or actually, whatever, two-to-one when they get
down past the break point.
If that were to occur, what would stop the sand from nulling off and thus taking out the slopes that
are closer to the shoreline and making those more vertical than they currently are, thus causing a greater
problem potential for health, safety and welfare?
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lA!st 2 a hO"8 6
MR. CHRZANOWSKI: It could occur if you had a two-to-one side slope below -- three feet below
control elevation, depending on the natural angle ofrepose of that soil.
CHAIRMAN STRAIN: Has stafflooked at what happens in this particular lake's case as to what
they use the maximum depth and how much of that gradual side sloping would actually end up being
steeper so they would know if they can go to a three-to-one, two-to-one or whatever once they get past the
break point?
MR. CHRZANOWSK1: We don't have any way to tell that. We don't have any existing
excavations that are that depth except for one way up in Immokalee, the Stewart sand mine. It's permitted
to go to 80 feet deep in a similar type of sand.
We could go up there and take a look at it. But without looking at that exact soil under that
condition, there's no way to tell what it will do after the lake is done.
CHAIRMAN STRAIN: And then after the lake is done, should those slopes fail, it's the
responsibility then of the owner to maintain them at least to county standards.
MR. CHRZANOWSKI: Yes, sir.
CHAIRMAN STRAIN: And to maintain a slope that caves in or falls in down to 40 feet, you're
back filling it with substantial amounts of trucked in material; is that a fair statement?
MR. CHRZANOWSKI: Yes, sir.
CHAIRMAN STRAIN: The existing excavations, did they have any indications of where littoral
zones will be required as a minimum in the existing excavations?
MR. CHRZANOWSKI: No, sir, back in those days commercial excavations didn't require littoral
zones.
CHAIRMAN STRAIN: Thank you, Stan, you gave me enough to ask Tim some more questions. I
appreciate it.
MR. CHRZANOWSKI: You're welcome, sir.
CHAIRMAN STRAIN: Does anybody have any other questions ofMr. Chrzanowski while he's
here?
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, what was the intent? You've given us the intent of why --
what was the intent of the 50 percent of the property being left as dry land in the LDC. What was the intent
of the 20-foot depth in the LDC rule?
MR. CHRZANOWSK1: I'm sorry, that's our standard depth for all excavations, unless the board
allows them to go deeper.
COMMISSIONER MIDNEY: And what would be the justification of -- I mean, why wouldn't they
say 40 feet?
I mean, the developer is saying that that's actually a better lake at 40 feet than at 20 feet.
MR. CHRZANOWSK1: The Water Management District recommends that 50 percent of a lake be
deeper than 12 feet. And they limit to 20 feet so we limit to 20 feet for that.
Depending on the size of the lake, depth -- it just takes longer for a lake to fill in if it's deeper. You
get more residence time for -- ifit's a water retention lake.
But for a quarry, we have quarries that are 40 feet deep all over Collier County.
COMMISSIONER MIDNEY: So from the county's point of view there's no disadvantage to 40
feet over 20 feet?
MR. CHRZANOWSKI: Not as long as you don't penetrate the confining layer at the bottom.
COMMISSIONER MIDNEY: Thank you.
MR. CHRZANOWSKI: You're welcome.
CHAIRMAN STRAIN: Thank you, Stan.
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Hi, Tim. Let me continue where I left off with Stan.
Earlier you had indicated the BCC denied for some -- for various reasons, apparently, the
continuation oftms or going further with it as they had started in 2006. I think it was 3-2 or some vote like
that?
MR. HANCOCK: Yes, sir.
CHAIRMAN STRAIN: And I believe part of your discussion indicated they didn't see the need to
reward someone for basically violating the code in the way this was done.
MR. HANCOCK: I believe those were Commissioner Coyle's sentiments, sir.
CHAIRMAN STRAIN: Obviously the code's been violated on this site, and it's been violated
again, and now you're asking to expand it to include the violation so there is no more violation and to
reward the applicant by allowing him to excavate morc and make more money and then produce a liability
for the county to assume.
And I'm just wondering why that's even reasonable to request of this board. The evidence you
produced today so far has not shown that we don't have a liability by even considering this as ownership by
the county, based on the testimony from Stan just a few moments ago on the lake banks and the failing of
those banks and how they could be stabilized.
We don't know if you've cut the lake to the right proper elevations or slopes right now. And most
likely, the bond you have up wouldn't cover the cost to fix the lake, even if it was discovered to be an error.
I just don't understand where you're coming from today on this request. So maybe you can address
some of those issues as best you can.
MR. HANCOCK: Believe me, Mr. Chairman, I wish I were involved in 2006 so I could answer
that question better than I can today.
What I can tell you, based on my review of the record and the past activity on the site, is that the
property owner at that time had two options: Option A was, because the lake has not been dug to its
maximum depth, would be to go in with a dredge, pull that material out, fix the area where -- that had been
over-excavated to a depth maximum of! think six feet in that southwest comer. It's not very deep, but it's
about six feet deep. In other words, go in and fix the problem.
Once the problem's fixed, then would have the ability to come in and apply for an excavation
permit, conditional use and variance to excavate the balance of the property. That was one option.
Based on meetings with county staff at that time, it was determined that the better course of action,
rather than going through all of that to fix what was out there and then come in and request additional
excavation, would be to wrap it into one application.
And unfortunately the appearance of that action is to simply come forward and say, gee, we messed
up, hey, would you give us more. I think that's a tactical and a political nightmare to have to deal with.
In retrospect, I wish they'd just fixed it and then dealt with it from that point forward.
And so, you know, those were the two options.
Is the end result of the -- and in that case, if they were to go down that road, when the property is
dug out they could then come in and put the homes on it and have residual value.
I think in essence what's before you today is a little bit of the property owner trying to fall gently
upon his sword. There is value to this land. We're in a depressed market right now and everybody knows
that. But five, 10 years out there's value to the land from a residential perspective.
The applicant could expend the funds to fix what's wrong out there and then come back later under
a clean application for a new dig.
What I believe we're trying to do today is to put a package together, if you will, that eliminates the
commission's issues of reward. In other words, okay, dig more and then still have all the value inherent in
the property that you had previously. And we're taking that residual inherent value and we're setting it
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lQukt 21 h~8 6
aside.
And I believe that is the attempt and the effort based on conversations Mr. White had with
individual board members who denied this application the last time as to the best course to come back
before them.
Commissioner Coyle said in the record that if we turned them down it will force them to go back,
rethink this and come back to us. That's precisely what we've done at significant expense to Mr. Damico.
Not that he has a heck of a lot of choice at this point. Something's got to be done to fix the site, so that's the
scenano.
On the item of liability, a sand pit at 40 feet is nothing new. They do exist out there. But to address
the concern, the current bond amount is $75,000. The proposed bond amount is $106,000, based on the
proposed excavation limits.
One option that I believe is available to this body is to recommend that that bond be held for a
period of 12 to 18 months after completion of excavation to ensure that any sloughing of the sides, or ifit
were to occur, that it could be remedied.
And if that bond amount is not sufficient, then we ask your staff to give us an idea of what may be.
What is in all likelihood going to happen is it's very ditlicult to dig two-to-one in sand. The
moment you go down and you try to reach a two-to-one, you're going to get some sloughing beneath there
and it's going to settle during the period of dig.
The only way we're going to get serious subsidence is probably because of a void or a weakness
that we're not aware of.
But I do believe a $100,000 bond amount is significant in the ability to bring a dredge in and take
material from the bottom and create the slopes that you need to create. We've had to do some of that
already on-site. So hopefully that is another tool in the box.
CHAIRMAN STRAIN: Well, Mr. Hancock, the testimony is that the material all the way down to
the clay layer is sand. You can't stabilize a falling-in bank with more sand from the bottom.
Basically what you have to do is bring in a material such as crushed rock or some kind of rip-rap or
large boulders and dump those in first to stabilize the banIc And then you put better material on top of that
to get your slope back again. Your $106,000 bond wouldn't cover one-half of one side of this lake.
All I see is a huge liability for the county under the scenario that you're suggesting as a positive. I
see the opposite. I see it as a negative.
Mr. Chrzanowski?
MR. CHRZANOWSKI: Sir, if! may. Stan Chrzanowski again.
Like I said, we're not sure of what the side slopes look right now, because we haven't seen a full set
of cross-sections. Right now that lake side slope could be according to code down to whatever the depth is
right now. And when they dig deeper they can leave the side slope shallower. They don't have to dig
straight down.
CHAIRMAN STRAIN: Stan, I understand that, but right here today we're being asked to make a
decision, we're basing it on criteria that we don't know can be met. And they're offering no evidence to
show us what the side slopes are and you've admitted you don't have any.
So why would we make that decision and put us in a potential liability only to find out we don't
want to go there because it is a liability and that they've got approval for a lake.
So I don't know how to proceed here today on a positive note with this. That's where I'm coming
from. And I've seen nothing offered to assure the community that we've got a positive outcome of this if it
were to be considered as a potential site for the county. And I've still got a lot more questions.
Mr. Murray?
COMMISSIONER MURRAY: Stan, what is the county's -- not the county, I know you can't speak
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1 eufsust 11 ~08
for them, but you might know the answer to this. What is the liability, if any, for a property owner who
abandons their property in such a case0
Let's say that they were given the opportunity to do all of this and then they just -- the county said
no, we don't want it, there's problems, and they walk away. What's the result then?
MR. CHRZANOWSKI: I don't know. But we've been a little concerned that this whole lake is an
attractive nuisance for the last few years, you know, it might attract neighborhood kids.
At this point we're trying to get something done out here. And I'm not sure what it is.
COMMISSIONER MURRAY: I see that -- yeah, and I appreciate, that's health, safety and welfare.
But ultimately I think we might all agree that the property owner is primarily responsible to assure that they
comply with the code which does speak to health, safety and welfare. So I appreciate, though --
MR. CHRZANOWSKI: I think Mr. Damico is the only one who can tell you that. Because I don't
know what his funding is like, I don't know if he'll default, does he own this outright. He would probably
be the best one to tell you.
COMMISSIONER MURRAY: Yeah, and I understand that. I thank you for the comment that you
"-.J;-
made.
CHAIRMAN STRAIN: Go ahead, Mr. Midney.
COMMISSIONER MIDNEY: Yeah, I guess this would be towards someone from the county staff.
What kind of an investment in infrastructure would the county have to make in order to turn this
into a park?
CHAIRMAN STRAIN: Well, Mr. Midney, you're making the assumption that it's legally
excavated with the proper side slopes that have been stabilized first --
COMMISSIONER MIDNEY: That's just an assumption, yeah, I'm just asking. Supposing the
county did really want to make this into a park, wouldn't they have to invest substantial infrastructure and
have people out there to supervise it?
CHAIRMAN STRAIN: No, it's like the park in Orangetree. You could basically have a fishing
park like they're proposed there. But that's a shallow dig out there and this is a little different application.
But I don't know if they need any more than that. Maybe they might need bathrooms on septics. I
don't know if anybody's even looked at that yet.
MR. HANCOCK: Obviously, it depends on the facilities that are planned. And again, we tried not
to make that the thrust of this, because that's a decision for a later day.
But I can tell you the initial discussions with them were fairly minimum. A small building for a
sailing center. It would have to have bathrooms, you know, maybe a boat ramp, something along those
lines. Nothing of any grandiose nature. But again, those are discussions and it's not something we're trying
to do.
CHAIRMAN STRAIN: Mr. Bellows, could you put two photographs up for me. The first one is
the one that's first in the packet, and that's the one that -- the aerial that Mr. Hancock says is the older aerial.
MR. BELLOWS: You want the top one first?
CHAIRMAN STRAIN: No, the bottom one, please. Thank you.
In the middle of the bottom one, if you see the area that has black water with a stripe going down
the middle of it, that's -- rectangular area. Mr. Hancock, is that the place where you believe your applicant
had stockpiled fill and then scraped too low and then discovered he had a problem?
MR. HANCOCK: Yes, I believe that is the area of over-excavation, yes, sir.
CHAIRMAN STRAIN: The reason I'm bringing this up is because the indications of the different
coloration and the way that's done, okay, we could accept that maybe they took too much fill out ofthere
when they were scraping the stockpile, they went down two or three feet too deep, because the coloration of
the water there might lead you to believe there's a different depth there than the water on the main lake.
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lQlt21:k&86
Ray, could you put the other photograph up, the more recent one.
Well, now we have a different circumstance in that same area. Now we have a body of water that
looks like the balance of the lake as though it was excavated in a similar manner to the balance of the lake
at least deeper than a scraping of just the surface stockpile.
Now I'm trying to correlate that with your statement earlier that all they did in this over-excavation
was scrape off the excess surface material as a result oftaking out the stockpile. It just doesn't appear that
way between these two photographs.
One looks like it was intentionally done and the other I might give you the sake of argument may
not have been intentionally done.
MR. HANCOCK: Let me try and put that in context.
The original movement outside of the boundary was I believe based on the stockpiling of material
and the scraping or removal of that material.
There's no question in my mind there have been parts of this lake that have been taken out by the
excavator without the property owner's knowledge that exceeded the previous photo.
I can't offer you an explanation for the actions of that party, why they occurred, where the fill went.
I have a good idea. But I'm not making any excuses, nor am I asking for -- you know, trying to offer you a
reasonable explanation.
Things have occurred on this site that simply shouldn't have occurred. And Mr. Damico is stuck
fixing them. And that's where we sit today, sir.
CHAIRMAN STRAIN: Well, I've heard you say that many times, and I understand what it's like
possibly to not be able to be on your site every day. But if we offer that up as an excuse, it would leave the
doors wide open to anybody in Golden Gate Estates that wanted to do the same thing, because, I mean, why
wouldn't you, if this is the precedent that's being set here today.
Ms. Caron?
COMMISSIONER CARON: Well, I was going to follow up on that.
Mr. Damico was the owner of this property when it went through the last time around. And he
knew he had a problem then. He should have been on top of this 2417, if that's what it took, in order to
make it right.
And obviously he didn't see that need. He just ignored the site again, and now we have additional
af'ter-the-fact variances that you're seeking because again, we over-excavated.
It just doesn't -- I mean, it doesn't pass the smell test.
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLA TZKOW: I just had to point out you need to make your ultimate decision based on
testimony. You don't have any here. You don't have Mr. Damico testifYing, you don't have the excavator
testifYing. You simply have Mr. Hancock giving you at best what is hearsay based on conversations he may
or may not have had on this. So you don't have any testimony before you on this.
CHAIRMAN STRAIN: Thank you, Mr. Klatzkow.
Mr. Hancock, do you have anything else you want to say before we move to staff?
UNIDENTIFIED SPEAKER: Can I speak for a second?
CHAIRMAN STRAIN: Sir, I don't know who you are, if you're --
MR. DAMICO: I'm Darryl Damico.
CHAIRMAN STRAIN: You certainly can come to the mic., sir.
MR. HANCOCK: Based on Mr. Klatzkow's input, Mr. Damico, who was sworn in, the owner of
the property, would like to address you.
CHAIRMAN STRAIN: Certainly. You need to get closer to the mic, sir, so she can pick up your
conversation.
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14uJt 21,}~6
MR. DAMICO: Good morning, everybody.
Yeah, this thing is definitely a mess.
At the last meeting for some reason, I mean -- of course they turned us down, but I don't know if it
was something to do with Stan and Don or whatever, but they wanted that dividing thing removed in this
area --
CHAIRMAN STRAIN: I'm sorry, Mr. Damico, this thing -- our meetings are all recorded by this
young lady, and it has to be on the microphone.
MR. DAMICO: I'm sorry.
CHAIRMAN STRAIN: You can move around but you need to carry a mic. with you if you do.
MR. SCHMITT: Use the projector right here, Ray.
MR. DAMICO: Okay. This area, like you're saying, was shallow, and then there was that separated
area in there, that little bank that was there.
And I don't know, maybe somebody -- but when we left the meeting it was understood that they
wanted that out of there and they wanted this area in there filled. And that's what Don did, and I thought it
was okay.
And then we just cleaned up the whole side, got the fencing all in place and -- you know, there's no
question about it. I mean, I -- I mean, I've been a resident of Collier County for 32 years. I'm a builder. And
I always do everything by the book. And this thing got away from me. I trusted Don. And he was supposed
to dig where he was supposed to dig, and obviously he didn't.
As far as the money, there wasn't that much money involved in the thing when we were getting like
75 cents a yard. And we were making a couple thousand dollars a month there. But I don't know where
some of the money went, actually.
And I just want to try to bring the thing into compliance. 1ft could sell some fill -- the way fill
prices are now and the way things are really down, it would probably take me four or five years or four year
to sell the fill. And if [ was able to do that, I'd have enough money to do the banks, to pay off the mortgages
that I have, to basically just try to break even or get the money out and have enough money to bring the
thing into compliance.
And I understand, I mean, I was watching -- I wasn't watching the store. I messed up. There's no
question about it. I apologize for it. [just -- you know, what do we try to do now? Whatever your
recommendations are, of course we'll follow.
CHAIRMAN STRAIN: Mr. Damico, my concern is that you're asking to dig more area, which
obviously generates some revenue. I don't know what amount. There's no restriction on the revenue that
were to be generated to put it back in to fix any problems that occur, because we don't have any testimony
from any evidence submitted today that shows where the problems are.
We don't know if your cross-section is going to show a problem that's millions of dollars to fix or
hundreds of thousands or nothing to fix.
MR. DAMICO: We have some cross-sections that were done by Trigo that show the slopes to be,
you know, not where they need to be. Some are better than others. They vary.
And again, when I was talking to Bill McDaniels, who is very knowledgeable about this stuff, what
we were going to try to do is as we're dredging go ahead and get those slopes the way they're supposed to
be, do the littoral shelf all the way around so it would be in compliance, and then sell as much fill as we can
to pay for all that.
And I figured that I've got a couple hundred thousand dollars in mortgages, [ could probably pay
that oil; get the littoral shelves all done and we have to build a berm all the way around. We've got a
fenced-in side on the agricultural side. I've been very involved with this thing and I'm trying to -- I'm just
trying to make it work at this point.
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A!~t~l, 2!O~ 6
Yeah, there was definitely a chance of there being a profit in this thing when fill was $9, $10. But
with everything being way down from that now, I'm really in a correction mode here.
And I can understand -- we just thought -- one of the commissioners had said well, dig the whole
thing out. And then we thought, wcll, if we dig the whole thing out, the perfect thing would be is give it to
the county.
I never thought in a million years to myself like oh, gee, that is going to be a liability to the county.
Ijust -- it was not something that really came to my mind.
CHAIRMAN STRAIN: I think what you're asking us to do is make a huge leap of faith on a
project that you have admitted has been problematic for you. It would be greater problematic for us in the
county I would think to provide you with this avenue and not have everything sown up as tight as possible.
And that means knowing what's out there, knowing what's got to be fixed, knowing the quantity of
fill yet to dig and see if it's sufficient to what can be fixed, and then getting into the terms even of the
conditional use and the length of time you want it for.
All these things are very problematic from my perspective as a board member that they aren't
answered.
I'm still not saying it's the right or wrong thing to do. But under the terms in which you presented it
today I've not seen enough evidence that I can feel comfortable with it. So that's where I'm coming from at
this point.
Mr. Hancock?
MR. HANCOCK: Mr. Chairman, we do have as a part of our excavation permit that is in for
county review, we do havc cross-sections.
What I think may be appropriate ifit --I know we've spent a lot of time on this already today--
would be to request a continuance and give stail'the time to review those cross-sections from the standpoint
that you have stated, which is trying to address the issue of liability, and us come back to you on a later
agenda. And give statTthe timc to look at those cross-sections. Bccause remember, most of the digging has
been done for about two years now, the reshaping, so there's some stability issues that could be addressed
through that.
We would respectfully request a continuance to allow us to provide that information to you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRA Y: Added to that, whatever bonding you intend, not only does it have
to have the dollar value, but it has to be descriptive of the condition potential.
MR. HANCOCK: Yes, sir. And we may find that instead of two- to-ones, three-to-ones are the
right answer for the slope --
COMMISSIONER MURRAY: You need to have that ironclad.
MR. HANCOCK: -- to address the technical issues.
CHAIRMAN STRAIN: If we're going to consider a continuance for you to come back with a better
package, there are some other matters that need to be addressed.
Besides knowing the condition of the cross-sections, someone needs to do an analysis of the
standup ability of the soils. I'm real concerned about that.
And then an analysis of the remaining area to dig and see if it's sufficient to stabilize the lake if
there are problems with those cross-sections. And then what the detrimental side effect would be if we dig
to a lower depth and thcy cave in again.
All that long-term stuff is important. And if there's a -- undoubtedly it would have to be linked to
some sort of bonding in the future so that if they cave in we have something to fall back on for some set
period of time.
Those are minimum standards. And then of course we haven't even heard from the neighborhood
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AugJt61 J 2001 A 6
yet and from the public who may have concerns out there as well.
I certainly don't like your unlimited period for a conditional use. You said to the public in your
NIM it would be 18 to 24 months. You listed certain things there and you seem to be changing that here at
this meeting and that's not appropriate for a meeting like this.
So those are minimwn concerns by me. Even if you go into a continuance, I'm a little concerned
why if you're already in violation the county hasn't acted upon the violation. Instead they've allowed this
process to take as long as it wants and looks like it could be continued again for some indefinite period of
time.
Those are just not all -- none of that's very good. So far it's not a positive solution. But I'm willing
to work with it if the rest of the members are.
Mr. Schiffer?
COMMISSIONER SCHIFFER: I have some concerns, if we're going to lay them all out before you
go. The depth. You have 60 foot, the berm cross-section, essentially that would be what would be left
behind. The county could remove the berm if they wanted. I'd like to see that increased to a better
dimension, a dimension that would support parking if it was ever there or any kind of sanitation, any septic
tank that would have clearance away from the water's edge and everything. So I would recommend at least
100 feet on the north-south boundary.
MR. HANCOCK: The plan would be actually to remove the berm.
COMMISSIONER SCHIFFER: As you exit.
MR. HANCOCK: As we exit. And that width ofland was intended to give access all the way
around the lake.
COMMISSIONER SCHIFFER: But I think north-south, I would be suggesting making that 100
feet.
CHAIRMAN STRAIN: If this comes back, I think you need to have a much better plan prepared,
and that addresses not all the issues of the land planning or the property one as a finished product, as an
open, I mean nomesidential, of course, but as a finished product, what it would look like, the cost to get
there with a probably opinion of cost from a reputable -- from a qualified professional firm. So that if a
bond is put in place the bond is there for the entire cost to bring this thing back into compliance and to give
us the product that you would anticipate turning over, if that's what you decide to do.
Tim, you've been here so long, you know the ropes, and I think you could probably figure out the
best way to sell this if it needs to be sold. And I'm suggesting that you look harder at it then, if that's what
you want to do.
I don't see the support on this board. IfI'm wrong, someone please state.
And with that, I guess what we ought to do, if you're requesting a continuance, I do want to hear
any members of the public that are registered to speak.
Ray, has anybody registered on this matter?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Okay, that simplifies it for today. Is there any need for a staffreport at this
point?
Melissa, did you have something you wanted to say?
MS. ZONE: Yes, but I need to be sworn in.
(Speaker was duly sworn.)
MS. ZONE: Thank you, Commissioner. Melissa Zone, Principal Planner with the Department of
Zoning and Land Department.
I just wanted -- because it wasn't really clearly addressed, and as I was sitting here and trying to
grasp this project myself, I just want to cull it out to this board so that when they do bring it back it is more
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August 21, 2008
defined, and if it's a revised application, and I'll make sure in my staff report that it is weU defined.
I want to show you from this aerial, they had a -- two excavation permits. What they were in
violation was, as we know, they removed this strip ofland. But in addition to that, what I have found
through my research these last three weeks, this area never had an excavation permit, but it has been
excavated and there is a lake there.
And if you look at current conditions --
CHAIRMAN STRAIN: That's what they've acknowledged they're coming in for after the fact.
MS. ZONE: Well, after the fact for stripping this but also this portion. So Ijust wanted to make it
clear to the board that there's two after the facts tied to it.
CHAIRMAN STRAIN: I think we understand that. And when they come back, ifthey come back,
and if they bring in the cross-sections of the lake, it would be interesting to see if that neck that connected
the two lakes got fully excavated, or just a few feet below the surface like testimony showed.
Those are the kind of things that are all going to come out if this is brought back to us. And that
probably is the best avenue to take at this time.
Okay. With that we have a request for a continuance. Is there a motion to -- for both Items
V A-2007-AR-11494 and CU-2007-AR-11493? And it would be an indefinite continuance.
COMMISSIONER MURRAY: So moved.
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: Made my Mr. Murray, seconded by Mr. Wolfley.
Discussion?
(No response.)
CHAIRMAN STRAIN: AU in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion passes 8-0. Let's take a break tiUI0:15.
(Brief recess.)
CHAIRMAN STRAIN: Okay, if everybody will please take their seats. Welcome back from break.
Item #90
PETITION: PUDZ-A-2007-AR-11914, GERMAIN PROPERTIES OF COLUMBUS, INC.
CHAIRMAN STRAIN: The next item on today's agenda is n the next and only remaining item is
9(0). It's Petition PUDZ-A-2007-AR-11914, Germain Properties of Columbus, Inc., for Germain Toyota
CPUD on Tamiami Trail North.
AU those wishing to testifY on behalf of this application, please rise to be sworn in by the court
reporter.
(Speakers were duly sworn.)
Page 28
Jugsl21 Jo& 6
"1'
CHAIRMAN STRAIN: Disclosures on the part of the planning commission.
Ms. Caron?
COMMISSIONER CARON: Yes, I met with Mr. Mulhere and Mr. Thornton.
CHAIRMAN STRAIN: Okay, any others?
(No response.)
CHAIRMAN STRAIN: I had -- I was supposed to meet with Mr. Mulhere and Mr. Thornton, and
the storm waylaid that. And then the aftermath of the storm on my personal needs waylaid the second
meeting we set up. So I had a phone conversation with each gentleman, and everything we discussed on the
phone will be discussed here.
So with that, we'll go into presentation.
MR. MULHERE: Thank you, and good morning. Bob Mulhere for the record, here on behalf of
Germain Toyota. And with me this morning also is Bob Germain, Jr., Dominick Amico. Dominick is
principal with Agnoli, Barber and Brundage, civil engineer. Chris Thornton, who is with the Passidomo
law firm, keep it short. Russ Weyer, who has prepared the commercial needs analysis, and he's with
Fishkind.
Matt McLean. Matt is the project civil engineer. Ted Treesh. I'd like to say he's half the man he
used to be. Ted. He's gotten a little thinner. And Kris Bowman, who is the environmcntal consultant.
I just want to go over a little bit about the project location site, and then I'll get into the details of
what we're requesting.
The site is just over 13 acres in size. I have an aerial exhibit on the visualizer that shows the site.
And I'm sure you're all familiar with the location. This is Wiggins Pass Road, Tamiami Trail. The Germain
Automotive Facility PUD is located right here. Just to the north is the Germain Lexus site. That is zoned
C-4.
Just to the south is also Germain auto storage property. That is also zoned C-4. And of course to
the east is Tamiami Trail. To the north, Wiggins Pass. Across the street, commercial property.
In this location here we have RMF-6 zoning. These are single-family homes. This little piece here
is zoned C-4. This is a transient lodging, a hotcl facility right here facing Wiggins Pass Road.
This area is zoned CF, commercial facility. It's undeveloped at thc present time. But there is a
proposed -- I'm not exactly sure what it's going to be, but there's a proposed community type use, sort of a
camp facility in that location.
The principal component of the request before you today is to rezone it from PUD prior to -- it was
approved prior to the CPUD Commercial PUD designation, to CPUD, increasing the square footage from
60,000 to a maximtun of 130,000 square feet.
The height request, which originally was at 75 feet, and it's becn reduced now to 55 feet from 50,
so there's a five-foot increase in height. And that will be to provide for a rcdeveloped site, new showroom,
parts, office, two stories, parking garage. And that will be an enclosed parking garage. And all of that will
total about 114,000 square feet.
The additional plus or minus 16,000 that would get you up to 130,000 is for the potential future
redevelopment of the existing Lincoln Mercury building.
I just want to go over to the site plan again and talk a little bit about the preserve area.
The preserve will be located in this vicinity here. And I'm going to put another exhibit on here that
better shows that.
Here it is. Sorry.
This is the PUD master plan. And as I said, the preserve will be located along the western
boundary in this larger area right here.
There was some questions about that. This is an exhibit from the original PUD. And you can see
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August 21, 2008
that the preserve area on the original PUD was sort of this large pie-shaped piece. And you can obviously
see that the geometry has changed. And the question was how did that occur.
And it was approved through an SDP amendment. And it had to do with the location of the eagle's
nest, which we can get into, which was actually incorrcctly located at the time of the original PUD. When it
was correctly located, subsequent SDP amendment changed the configuration of the preserve.
And again, our present PUD master plan, which does have the required amount of preservation, 30
percent of the existing native vegetation, will run along the boundary adjacent to the residential here and
the CF, which is the citizens camp here, and of course this portion in here.
We did hold a neighborhood information meeting on October 24th, 2007. There were about -- well,
there was 15 people there, but that included the consultants, so I'm not sure how many residents werc there
exactly.
1 want to cap the residents' concerns, or summarize the residents' concerns.
Basically the concerns were related to the nature of the boundary, the way that the native vegetation
was maintained in that boundary, and noise that emanated out of the facility, particularly in the early
morning hours.
And there was some -- so there was some concern over the building height that was requested,
which we subsequently reduced.
I believe that summarizes the issues that were raised at the neighborhood infonnation meeting.
There may be some members of the public that want to speak to those issues.
Just looking through my notes here to see if] missed anything that was at issue.
Okay, so again, just to summarize, the issues were that mainly centered around this boundary here
and noise generation. But interestingly enough, the noise generation actually was generated -- the concerns
were generated based on this building here, which is actually located on the Germain Lexus site, not part of
this PUD. We recognize that that's still going to be part of the discussion here.
So 1 want to show you a couple of exhibits. The Germain Lexus site just recently had an SDP
approved and is going to be redeveloped. And I want to show that to you.
This cxhibit shows the existing condition here. And again, this is the area that was of significant
concern. And then the proposed redevelopment of the site as part of the approved SDP.
Not only are the buildings much turther away from the boundary with the residential there, but
these buildings are fully enclosed. There will be no outdoor emanation of noise from this new facility,
which was the case herc. There's doors that were open here and repairs that were taking place.
And this was actually leased out to a third party, and that third party probably wasn't as attentive to
the neighbors' issues as could have or should have been.
CHAIRMAN STRAIN: Just for clarification, for the members, this particular plan you're showing
on the right, though, is not up for consideration here today.
MR. MULHERE: That's correct. But we've been told that there would be some discussion about it.
So I just did want to let you know that a lot of the neighbors' concerns dealt with that location. I believe
we've addressed that through this new SDP and new redevelopment.
CHAIRMAN STRAIN: I know. I'm just trying to figure out ifit's not part of the application, I've
got at some point tigure out a way to tie you to that.
Mr. Wolfley?
COMMISSIONER WOLFLEY: I was going to ask, is this whole document here, is this location
right here --
CHAIRMAN STRAIN: Use your mic., please, David. Get closer to your mic.
COMMISSIONER WOLFLEY: What this is, that's what you're saying is not part--
MR. MULHERE: That is correct.
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COMMISSIONER WOLFLEY: Just want to know what to put aside.
MR. MULHERE: That is correct.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: You want to go back to that again. Even though it's not the subject
of discussion, we're going to discuss it briefly.
You made a statement that I thought was interesting. Those are bays inside, I assume, the
allocations in that building?
MR. MULHERE: Correct.
COMMISSIONER MURRAY: How would they gain entry into that building?
MR. MULHERE: Oh, in this new building?
COMMISSIONER MURRAY: Yes, sir, the bays, to do the work that they're going to do in there.
MR. MULHERE: Well, you know, I'm going to defer to either Bob Germain or to maybe Matt or
JeffNunner. I forgot to introduce JeffNunner, I'm sorry. JetfNunner is the boss.
Come on up.
MR. NUNNER: Hi, JeffNunner. I'm the project manager for Germain Motors.
There's an entry on the north and the south sides of that building to get into the service area.
COMMISSIONER MURRAY: If a service man were to take the vehicle to go do service, they
would drive to what is up in the north, I guess that's representative of north there, and -- no, go a little
further up. All the way up. I'm pointing at something you can't possibly see.
No, sir, come up to where that -- yeah, isn't that an entrance into there?
MR. NUNNER: Those two locations, and then there's also a ramp on the south end where they
would ramp up to the second floor parking area.
COMMISSIONER MURRAY: So those are overhead doors, aren't they?
MR. NUNNER: They'll be overhead doors that are closed during the day. They'll only open when a
car needs to go into the building.
COMMISSIONER MURRA Y: That's your pledge. I appreciate that.
MR. NUNNER: It would be a fully air conditioned service area, so those doors would remain
closed.
COMMISSIONER MURRA Y: I know. But I'm just thinking of those wonderful November
through February days where air conditioning is just not appropriate. But okay, thank you.
CHAIRMAN STRAIN: Go ahead, Mr. Mulhere.
MR. MULHERE: Yeah, I just wanted to put that on the record.
The other requests related to the proposed amendment to the PUD deal primarily with setbacks.
I'm going to put this exhibit on once again, which is the master plan.
The requested setbacks, what we've done is maintained -- is amended the existing PUD to create a
200-foot setback at the request of -- and to address concerns expressed by residents, neighbors, so that
nothing will be within 200 feet of residential zoning, which is right here.
This is the boundary for the RMF-6 zoning. So we've taken everything out of within 200-foot of
that area and expressed that we would maintain that setback.
The other setbacks that we requested are typical setbacks that you tind in a Commercial PUD in an
activity center. And on the north and the south, they are presently 50 feet on the north, and we've requested
an amendment to the 50 percent of the building height but not less than 15 feet.
And again, we're immediately adjacent to the existing developed auto dealership to the north.
And as far as the south goes, it's presently 80 feet. And we've requested the amendment to be 50
percent of the building height, not less than 25 feet on the south.
Adjacent to U.S. 41 the present setback is 100 feet -- excuse me, 75 feet, I'm sorry. And we've
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requested that that be amended to say 50 percent of the building height, but not less than 25 feet.
We understand that there's been some concerns about that particular setback. And because the plan
calls for a 25-foot landscape buffer and a parking storage area there, we can maintain the existing 75-foot
setback along U.S. 41. And so we would agree to do that.
I have a whole plethora of experts here. I'm sure you have a lot of questions. I really think that
summarizes the request adequately and we would be able to respond to your questions.
CHAIRMAN STRAIN: Mr. Murray, then Mr. Wolfley.
COMMISSIONER MURRAY: Have -- and this is the master plan you're presenting?
MR. MULHERE: That's correct.
COMMISSIONER MURRAY: I note that there's no obvious indications to me, anyway, of any
parking allocations. Presumably you'll comply. But my question is more so, have you as a result of this
reconfiguration acquired additional parking space?
MR. MULHERE: Are you talking about parking that would be required for guests or are you
talking about storage or display area for vehicles --
COMMISSIONER MURRAY: Just parking of any sort and every sort. Presumably -- I mean, since
it's a dealership, you want to have vehicles for sale.
MR. MULHERE: Maybe go to the aerial.
COMMISSIONER MURRAY: I'm just curious to know whether the reconfiguration has given you
additional vehicle spaces. And if so, and whether or not my subsequent question will be now asked,
whether the automotive facility has been enhanced. Is it larger, the facility is able to handle more?
And then finally, do we have the same situation where on the -- let's see, if that's the north, on the
west side the entrance is gained to the bays?
MR. MULHERE: To start with your first question, the impervious area is not changing but there
will be more building structure. A signiticant portion of the new proposed building structure will be an
enclosed garage as well as some roof vehicle storage and display. So it's a more comfortable and a more
modem approach for the dealership.
And yes, the dealership will be completely -- it will be a complete new building and new
dealership built on a -- replacing what exists.
And as you can see, there's a building right here, which was the used car refurberation (sic) type
use in there. That actually goes away.
And though we don't have specific details of the site development plan yet, as you can see here,
this is the proposed building area. And we've maintained 200 feet from thc residential, so we've actually
increased that setback. And of course we've got a landscape butfer in here and then a setback from -- or
excuse me, a preserve and landscape buffer in here and then a setback from there.
So this would be your parking garage area and this would be your more habitable dealership area.
It's two stories. And let me just give me a little more detail on that.
There's a service area and showroom and parts area on the first floor, which will be 76,000, plus or
minus, square feet. And then the second floor includes offices and parts at 12,243 square feet. And then the
balance will be an enclosed parking structurc.
COMMISSIONER MURRAY: One final part of that. The last time that we saw this, there was a
number of concerns put forth by the residents regarding not only noise but waste products.
Where is the waste depot? Where do you now store tires and such that you've -- you know, used
tires that have come off of vehicles for replacements, et cetera, et cetera?
MR. MULHERE: I'm glad you asked that question. It's a good question.
Yes, there is a dumpstcr located in the back of the -- well, there's an enclosure right here, and then
there's a large dumpster that's actually located outside of that enclosure. I don't see that it's depicted on than
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August 21, 2008
aerial. But that is going to -- it's temporary and it's going to be taken away.
When we redevelop the site and go through the SDP process, we will locate these trash enclosures
that are required by code to be located outside of that setback area or as far away from the residential as we
can. We haven't gotten to the site development plan yet. We have no detailed plans. We have some
architectural renderings but no detailed plan.
COMMISSIONER MURRAY: Okay, just to be absolutely clear, you're talking trash. And do you
mean by trash all waste materials?
MR. MULHERE: Yes.
COMMISSIONER MURRAY: So that at least it will be not anywhere near the residents, there
won't be any dumping in the back, so to speak.
MR. MULHERE: Correct.
MR. GERMAIN: I'm Bob Germain, vice president of Germain Motor Company and the property
owner.
The service facility will contain inside the tanks for used oil and also rooms for used tire storage
that traditionally get piled up out in back of the service department.
So regular waste that -- solid waste we generate will be in an enclosed dumpster area outside the
building. But tires, the used oil, anything we generate will be inside of the building.
COMMISSIONER MURRA Y: Thank you.
MR. MULHERE: Thank you.
Also, someone just mentioned to me that I said that the parking garage would be enclosed, which is
actually an incorrect statement. If I did say that, I didn't mean to.
The parking on top -- on the roof of the dealership will be enclosed. There will be a -- obviously a
little bit of a wall that will hide the cars from the public.
But here's a rendering here. Parapet wall was the word I was trying to think of. In the back here,
which you can't see in this rendering, there is -- because this is part -- this is a parapet wall. Beyond that in
the back would be rooftop vehicle display and storage.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Have you -- it looks as though the ingress -- well, the getting into
the property and out, the ingress and egress, it looks like you're changing it.
MR. MULHERE: Well, that's a very good question. Actually -- and I'm going to ask Matt, in case I
don't get this right. But the -- two of these points of ingress and egress will be going away, based on our
meetings with FDOT. There's probably in their opinion too many points of congestion in ingress and
egress. And as I understand it we -- actually it may be -- well, there's three points of ingress and egress
technically on this site here, and I think this middle one is going away. Is that correct, Matt?
And we would retain this one and this one.
COMMISSIONER WOLFLEY: Looks like the one on the south is going away.
MR. MULHERE: Is this one also? Which is not --
MR. McLEAN: Matt McLean with ABB, for the record.
The two access points through access management criteria by FDOT, they will be closed. As part
of the SDP approval for Germain Lexus this particular location will be closed and access for Germain
Lexus will be in through this existing location that currently serves the Toyota facility.
At the time of SDP approval for the balance of the site, there's three more access points along 41,
and meetings with FDOT have indicated that they're going to follow through with the standard access
management criteria, which will etTectively include closure of this particular location.
So at the end of the day the proposed access points offU .S. 41 for the facility will just be through
this particular location and this location.
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MR. MULHERE: Thank you.
COMMISSIONER WOLFLEY: Okay. Well, that clears it up. And although that's not -- is not
what your drawing shows. Okay, well, that's good.
Is there currently a sidewalk there in front of the property?
CHAIRMAN STRAIN: You're going to have to move the mic closer to you, David.
COMMISSIONER WOLFLEY: I'm about to swallow it.
CHAIRMAN STRAIN: No, just like I am and like the rest of us, you have to speak -- she can't
hear you.
COMMISSIONER WOLFLEY: Thank you.
MR. MULHERE: There is a sidewalk right here. It's probably a little bit hard to see, but right here,
and then it swings out. There is no sidewalk currently in this area here.
COMMISSIONER WOLFLEY: Were you planning on continuing that sidewalk through the
length of your property?
MR. MULHERE: You know, I don't want to -- I'm going to have to defer -- I'm assuming that staff
will ask us to do that or make a cash contribution in lieu of.
COMMISSIONER WOLFLEY: I just asked would you put this in the plan to have a sidewalk
going from north to south of --
MR. MULHERE: You mean in this vicinity here?
COMMISSIONER WOLFLEY: The entire len6>1h, yes.
MR. MULHERE: Yes.
COMMISSIONER WOLFLEY: What would be the width of that sidewalk?
MR. MULHERE: Standard five feet. is it?
COMMISSIONER WOLFLEY: Is it tive or six?
MR. MULHERE: It will match what's existing. I think the standard is five feet, but I could be
wrong. But it will match what's existing here.
COMMISSIONER WOLFLEY: From FDOT, did you hear of any, any --
MR. MULHERE: That has to go through the FDOT because they will permit that. So just --
obviously we have to get a permit from FDOT.
COMMISSIONER WOLFLEY: I just wanted to make sure that there would be a sidewalk that
continues the property. Okay.
Is there going to be any future road work that FDOT is planning? In other words, you're asking for
a setback that -- from the road that's much less than what --
MR. MULHERE: Not anymore. I put on the record and agreed that we would go back to the 75
foot.
COMMISSIONER WOLFLEY: Oh, you did? I'm sorry, I was reading something. I missed that.
MR. MULHERE: However, to answer your question, no, they're done with their improvements.
There are some improvements that the county is planning on doing, but they're not, I don't think, physical
improvements. I think they deal more with signalization. Not physical to the intersection, I think they deal
with signalization and the smart -- SCOOT technology.
But you could certainly ask --
COMMISSIONER WOLFLEY: When it gets to that.
MR. MULHERE: -- Michael if you --
COMMISSIONER WOLFLEY: Thank you.
CHAIRMAN STRAIN: Any other questions of the applicant at this time?
Ms. Caron?
COMMISSIONER CARON: Is auto parking and storage -- you can see on this plan where all the
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automotive parking is -- she usually can hear me; I'm not usually the issue -- is that a primary use or an
accessory use?
MR. MULHERE: Well, I mean, I certainly would defer to staff. My opinion would be that the
parking -- you're talking about display, vehicle display?
COMMISSIONER CARON: All this -- yeah, there's parking surrounding every building. Every
inch of concrete here is essentially parking.
MR. MULHERE: So I think you have two things here: You have parking that is for employees and
guests to the facility. That's clearly required, but accessory to the principal use. You have storage of
vehicles that --
COMMISSIONER CARON: Wait, stop just a minute.
So that accessory parking is essentially what's back here in the back of the building here, this light
color?
MR. MULHERE: No --
COMMISSIONER CARON: It sort oflooks lighter in color than -- that's obviously not display
area.
MR. MULHERE: Right. But not necessarily all -- first of all, this is not necessarily all guest
parking or employee parking, though some of it may be employee parking.
There's also the storage of vehicles that are either used vehicles being refurbished or otherwise, you
know, vehicles that are being repaired or in some way getting ready for sale.
So you do have some storage component as well in a car dealership.
COMMISSIONER CARON: But do you consider that primary -- a primary use or an accessory
use?
MR. MULHERE: Yeah, I mean, the primary use is auto sales and service. Assumed with auto sales
and service is display, storage and the parking that is required to address those things.
COMMISSIONER CARON: That's what I'm asking. So we would consider most all of this
parking to be a primary use?
MR. MULHERE: I guess I -- you know, I'm not trying to be evasive. I'm thinking more --I'm not
sure what you're trying to get at, so I don't -- I guess what I would say is that it's part and parcel of the use.
Parking is not the use. Sales, auto sales, is the use.
MR. BELLOWS: And display.
MR. MULHERE: And display. So the display component is --
COMMISSIONER CARON: The display is a use. And what you display in an auto dealership is
parked cars.
MR. MULHERE: Correct, yeah. I don't have a problem with that.
COMMISSIONER CARON: Okay. Then my point will be that on this site as it is currently
developed, all across the back of the site and down across, that is preserve area.
MR. MULHERE: Yes.
COMMISSIONER CARON: All of that parking, because I've driven through it many times, abuts
that preserve. There's no setback. Why isn't there a 25- foot setback --
MR. MULHERE: I can answer that --
COMMISSIONER CARON: -- or an accessory setback of 10 whatever it is?
MR. MULHERE: I can answer that question.
The code doesn't require a setback. It has nothing to do with uses, it has to do with structures.
Required setback is for structures. Use doesn't even come into play.
CHAIRMAN STRAIN: Susan Mason, could you come up and comment on that, please?
MS. MASON: Good morning. For the record, Susan Mason, Engineering and Environmental
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Services Department.
The setbacks for primary structures or principal structures are 25 feet. but for impacts and
accessory structures it is 10 feet currently in the code.
MR. MULHERE: Structures.
MS. MASON: And impacts, 10 feet.
COMMISSIONER CARON: So all of this right now is essentially non-compliant. Because I can
tell you there's no 10-foot setback from any of this preserve area back there.
MR. MULHERE: Yeah.
COMMISSIONER CARON: In addition, on the current PUD there's a requirement for there not to
be loudspeakers. I can personally testifY that this operation has always used loudspeakers. And I can say
that because I'm part of Audubon Eagle Watch and so I spend a lot of time out in the preserve in the back of
here. And to quote a movie, I can listen to them going, Ravi to parts, Ravi to parts all the time.
So again, we have another instance where we're not complying with the current PUD.
MR. MULHERE: Yeah, but --
COMMISSIONER CARON: The preserve area we know is an issue. There had been FDP -- I
meant DEP has cited for tires and oil and many violations. So why is it that we would even consider -- how
are we to have confidence that the new PUD will be followed when the old PUD has not been followed?
MR. MULHERE: Well, I guess l'd answer that in a couple of ways.
l'm not sure if there were many violations. I mean, that's an adjective that you put on there. But
there were violations. Many is a modifier I wouldn't put on it.
COMMISSIONER CARON: More than two.
MR. MULHERE: Okay. Well, depends on the definition of many.
However, having said that, we've corrected all those violations. We did go out and have a test done
in the site where the violation occurred and it came back clean.
We believe that the present plan is actually better than the existing condition. We're going to
construct a wall along the eastern boundary of this preserve adjacent to the RMF-6 that will match the wall
that is already existing over here on the Germain Lexus site, match it in terms of architectural style.
And so that will actually create a greater buffer with the landscaping on the residential side, which
we will maintain, obviously.
But I do understand your point.
As far as the loudspeakers go, you know, I can't really respond to that. I don't know if that's coming
from here or here or here. I take your word for it. And we are agreeing to have no amplified sound. And
how that will be modified or followed to ensure that it occurs, I guess the only suggestion that I can make is
if it suits the planning commission, we could on a quarterly basis or couple times a year provide some
visual evidence of the site condition. Because I know you also expressed some concerns relative to the
off-site drainage facility, which I know we did --
COMMISSIONER CARON: We'll get to that.
MR. MULHERE: So, I mean, that might be one way to ensure it for a period of time and that we
provide that to staff and they review it, rather than to rely on code enforcement to have to come out and
address these issues.
I know that Bob Germain is here. He may want to speak to those issues. We are committed to
being good neighbors. We are committed to doing the right thing. I can't really speak to the issues in the
past, but I know that we've discussed this and --
MR. GERMAIN: Again, Bob Germain.
You know, these new facilities are a lot different than the traditional automobile dealerships that
we all grew up with, you know, in terms of just we don't throw -- you're so used to the old car dealerships
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that have the transmissions sitting out behind the service department, the stacks of tires and waste oil tanks
that are outside of the facility.
This is a new facility. The new generation of car dealerships are completely enclosed and you don't
have those situations. You know, they're much cleaner looking from the outside, and they tend to keep
everything, tire storage, used motor oil storage, everything, inside.
In terms of the paging, you know, we used to have the big bull horns on every corner of the
building so you could page your salesmen when they're out on the lot. The new stores that we've built, the
Lexus store that's on the north side of this complex, the new BMW store, instead of having those
loudspeakers -- we still do it in the showroom to some extent, although we try even not to do that just so
you don't have all those distractions within the building.
But in terms of outside paging, everybody has pagers, and when the receptionist gets a call she just
basically pages with a beeper whatever employee, you know, has a phone call. So, I mean, it's much
quieter. I think if you hear anything from these buildings -- now we really don't have those external horns
broadcasting all over the lot. There are some speakers overhead in some of the service drives that I think
that you could probably hear, depending on which way the wind's blowing. But I think that, you know, the
new facilities, the noise will not be an issue.
All the service work, all the impact wrenches, it's all done inside. The doors are all high speed
doors that go up and down within just a few seconds. So they're very quiet stores.
COMMISSIONER CARON: But the question, Mr. Germain, was, it was already a requirement of
your current PUD and it was not followed through with.
So my question is just how can you give us a level of confidence that we won't run into these same
issues? Not only loudspeakers, protection of hazardous chemicals, your preserve protection and the
maintenance of that preserve area, and the buffering, there's a real lack oflandscape maintenance. Not to
the front. Please let me give you all due credit to U.S. 41, looks lovely. Actually, landscape buffering
between your dealerships, between Lexus and between the storage -- auto storage section, you've done a
very nice job with that.
But along the back, along the preserve, what we should be protecting most, and along the
residential where your neighbors are, you've not been a good neighbor. And I need a level of confidence
that that's going to change. I think your neighbors need that, too.
MR. GERMAIN: Well, again, I think that we -- I mean, we do consider ourselves to be a good
neighbor. I think there's been some confusion as to what the requirements actually are in the swale on the
west side of the property, what needed to be cleaned in there, how often did it need to be mowed, how often
did we need to get in there and trim and clean it.
And I don't think that -- I think there was some confusion, especially on the retention lot that's
behind the Lexus dealership that actually is right in between two residential houses. I think there's always
been -- there's been some question as to what -- how we really needed to maintain that and what we were
allowed to do. I'm happy to fence that in.
You know, I think we finally between myself and Jane and our maintenance people have an
understanding of what we need to do to make that not an issue for the neighbors.
COMMISSIONER CARON: Well, I mean, I just -- I think everybody needs to understand what
we're dealing with here.
Back in May, when we were originally going to hear this, this is what that water retention -- there's
a home right on this side, there's a home on this side. And it was dry in May. But it wasn't bermed, it wasn't
fenced, it was a pit in a residential neighborhood.
MR. MULHERE: I have some pictures that were taken yesterday.
COMMISSIONER CARON: I have them right here--
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August 21, 2008
MR. MULHERE: Yeah. No, I'm not disagreeing with you --
COMMISSIONER CARON: -- this is yesterday.
MR. MULHERE: -- and this is --
COMMISSIONER CARON: -- this is Wednesday--
CHAIRMAN STRAIN: One at a time, now. Bob, let her finish with her discussion, please.
COMMISSIONER CARON: This is Wednesday. It is now filled with water, obviously doing its
job. But surrounding it is nothing but weeds, and still no fencing. This is a neighborhood where there are
children. And it's a hazard. It's a serious hazard.
MR. MULHERE: Yeah. No, I don't think we're disagreeing with your conunents. We intend to do
a good job on a regular basis clearing that of any, you know, non-required vegetation. We're more than
willing to fence it in, as Bob Germain indicated.
I'm not sure if the neighbors want a fence there or not. I mean, this is a stormwater facility, it's not
real, real deep. But obviously when it rains it gets filled with water. It is bermed just slightly, as you can see
in the photo on the visualizer.
CHAIRMAN STRAIN: First of all, before we go too far, Mr. Klatzkow, since that's been passed
amongst us, I'm assuming it needs to be part of the record?
MR. KLATZKOW: Yes, sir.
CHAIRMAN STRAIN: So we'll leave a eopy with the court reporter. Cherie'?
MR. MULHERE: And if! could say that although this isn't part of this PUD, I understand it's part
of the concern.
CHAIRMAN STRAIN: My next question was, Bob, would you show us on the aerial map
underneath this picture exactly where it is in the area that we're talking about where this is.
MR. MULHERE: It's the Lexus site. And it's right here.
But knowing that that's not part of this PUD, we have put on the record and would be willing to put
on the record that we would fence that.
The other thing I did want to say, Commissioner Caron, in response to your concerns, were that we
are also committed to, through the SDP process, in any way that we are required to embellish the
vegetation or replace dead vegetation we will do that in there through a landscape plan in that preserve with
native vegetation.
And as far as the I O-foot setback for accessory structures from preserves and now also impacts, fill,
okay, and since that's parking, that's filled, you know, that wasn't required at the time that that was
approved. It exists as it is now today. There were no such requirements at the time that was, you know,
constructed.
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLATZKOW: Sir.
CHAIRMAN STRAIN: Because the ownership of the three parcels is the same, if we get
concurrence and agreement with the owner's representative and the owner here today to improvements on
the other parcels, can we make motions and stipulations to include that?
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Good.
Mr. Wolfley?
COMMISSIONER WOLFLEY: I wa~ just -- we had passed around pictures of a retention pond
that did its job during Fay. And I was just wondering where that was, the location here.
CHAIRMAN STRAIN: That's what we just --
COMMISSIONER CARON: It's right here.
COMMISSIONER WOLFLEY: Yeah, I don't--
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",.r
CHAIRMAN STRAIN: Bob, could you show Mr. Wolfley the location of the retention pond that
was just circulated in photographs.
MR. MULHERE: It's just to the west of the Lexus site. It's right here. You can see the -- right in
here.
COMMISSIONER WOLFLEY: Okay, great, thank you.
COMMISSIONER CARON: Between two single-family homes.
COMMISSIONER WOLFLEY: I see.
CHAIRMAN STRAIN: Okay, are there any other questions at this time?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Bob, I think one thing you should clear up, you testified that it's
going to be an enclosed garage. I don't think you want to say that. It's an open --
MR. MULHERE: Correct. That's correct, thank you.
COMMISSIONER SCHIFFER: -- and it will obviously meet the architectural standards for
barriers and hand rails.
MR. MULHERE: Yes. And thank you. I did -- if! said that, I didn't mean to. I mean that the top
part for parking would be enclosed. It will not be.
CHAIRMAN STRAIN: Any other questions?
Mr. Murray?
COMMISSIONER MURRAY: Are there any restrictions applicable because of a -- presumably
the eagle's nest is still there and the eagles are still there?
MR. MULHERE: Well, the eagles are not there. They're not in that tree that was the subject of
concern at the time that this was originally approved. They've actually moved.
But as far as the regulations go, even if the eagles leave the tree for a period of! think five years,
it's still considered to be occupied. So that tree would be considered to be occupied.
So there are some restrictions relative to construction during the nesting season. We have a bald
eagle management plan. We will follow that.
COMMISSIONER MURRAY: I wanted to get that on the record, because that's important for
those who are concerned with that as well.
MR. MULHERE: I did neglect to add a corrunent that Michael Green -- a change in a condition
that Michael Green discussed with us just before the meeting, so 1 want to read that into the record. I
apologize for not doing that earlier.
There are presently two transportation stipulations in Exhibit E. The second stipulation presently
reads: The developer shall pay its fair share costs of intersection improvements as U.S. 41 and Old 41, and
in parens, right turn lane improvements which have been identified as not to exceed $141,902.60.
The revised condition would read: The developer shall contribute fair share payments towards
intersection improvements including signalization and intelligent transportation management systems,
ITMS, at U.S. 41 at Wiggins Pass Road and Old 41 which have been identified as not to exceed
$141,902.60.
CHAIRMAN STRAIN: I hope you have that as a hand-out.
MR. MULHERE: I just have it in my own handwriting.
CHAIRMAN STRAIN: We'll need it as a hand-out before the meeting's over, if we're going to add
that to stipulations.
MR. MULHERE: We'll see if we can get that taken care of or have someone write it that's legible
-- that writes legibly.
CHAIRMAN STRAIN: Any other questions of the applicant at this time?
Ms. Caron?
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COMMISSIONER CARON: I'm going to want to get into the market study. But if you want to go
ahead and ask your questions first, then we can come back to it.
CHAIRMAN STRAIN: Okay. I'll ask mine and we'll hold off on the market study.
Mr. Schmitt, I've been trying to find out on-line, but it takes a while with the connection we have
up here. On thc acrial that Bob has shown us, the Germain auto store at C-4, I cannot determine if that's a
principal use allowed in a C-4. Can you?
MR. SCHMITT: I'll look at it.
CHAIRMAN STRAIN: I mean, there's no other buildings on there, no other facilities, it's just auto
storage. And since they didn't include this in a PUD or a broader application, it's a standalone parcel, and
that would have to be a standalone use then, which means it would have to be a principal use.
MR. MULHERE: Yeah, C-4 allows for auto sales and display.
CHAIRMAN STRAIN: As long as that--
MR. BELLOWS: Yeah, it does.
CHAIRMAN STRAIN: Okay.
Why wouldn't you have used a PUD for all three properties, especially since you're in for SDP on
one?
MR. MULHERE: Well, I'm not sure -- I asked myselfthe question why they went for a PUD on
the piece of property they did originally, because it's actually been detrimental to them.
But having said that, I believe there really was no reason to include those other two parcels. They
already had C-4 zoning which allowed the uses, thcy werc unimprovcd, they didn't have to have that
additional expense of adding those to the existing PUD. It just wasn't necessary. And they were really only
making improvements to this site as it related to the issues that they needed to amend the PUD.
CHAIRMAN STRAIN: The only reason, it would have been easier for us to stipulate on the other
parcels.
MR. MULHERE: Yeah, we see that now, obviously in hindsight. Yeah, understood.
CHAIRMAN STRAIN: Bob, on the master plan that you show. Let me get to it. You want to put
that back on the screen?
MR. MULHERE: Yeah I've got to find it.
CHAIRMAN STRAIN: No problem.
MR. MULHERE: I'm looking for the master plan. You've got one there? Oh, thank you, Ray. Got
too many papers. Here we go.
CHAIRMAN STRAIN: You moved the preserve area to that strip along the west.
MR. MULHERE: Yes.
CHAIRMAN STRAIN: I heard your reasoning for it based on what you understand the history to
be. I disagree with your reasoning, but neither here nor there, we still -- I don't believe that's the way we got
there. But now that we're there, you need].9 acres of preserve. And you've takcn the preserve -- the
landscape butler, the buffcr in the rcar, and extended it all the way up to the north property linc past the
intersection with thc southernmost line of the RMF -6 residential parcel. Do you sec that?
MR. MULHERE: Yes.
CHAIRMAN STRAIN: I did the calculations last night. And if you do that, you've got more than
the 1.9. And the reason that's important is I think the intent all along to keep you at 1.9 was to stop at that
southern RMF-6 zoned line with the preserve and continue with the landscape buffer north of there.
And thc reason that's important is because if it's preserve, you cannot put the landscaping, the
possible berm and wall and fence and everything else you need in a preserve. So you don't want that to be
preserve in order to protect the residents to the west.
So I think on this plan you necd to cut that preserve off at that RMF -6 southern line.
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MR. MULHERE: We could do that, but Mr. Strain, we actually met with the environmental staff,
and the agreement that was made was that we would put the wall on the eastern edge of that preserve and
that we're only counting then the area that is to the west, and that that was acceptable to them. And we think
it's better for the residents too.
CHAIRMAN STRAIN: Okay. Well, then are you changing your PUD calculation?
MR. MULHERE: Well, I guess, do we have 1.9 acres minimum?
CHAIRMAN STRAIN: Well, not only that, you have 1.9 acres in the southwest comer to match
what the original PUD said. Basically you moved the language over. You don't mean that --
MR. MULHERE: Yeah, we need to change that language to the western side. I agree with you on
that.
So what you're saying is, where we talk about the preserve being located in the southwest, it needs
to say the western boundary.
CHAIRMAN STRAIN: Right. And I think that you need to rectifY the acreage to be accurate. It
isn't 1.9. My nwnbers were rough by scale. So it's probably not 2.25, but the numbers don't jive.
MR. MULHERE: Let's do this, then. I assume if we do go forward today we're going to come back
on your consent agenda, correct?
CHAIRMAN STRAIN: Right.
MR. MULHERE: So I think what we could do is verifY that nwnber and revise it as may be
necessary as part of your motion. And then we come back as part of the consent agenda.
CHAIRMAN STRAIN: rfwe get to that point today, that would be a fine way to resolve it.
MR. MULHERE: Mr. Chairman, can we -- we'd like to get the Forge Engineering analysis, soil
analysis that we had done become a part of the record.
CHAIRMAN STRAIN: Do you enough copies to pass out?
MR. MULHERE: We did distribute them via e-mail. We just have a copy now.
CHAIRMAN STRAIN: Has everybody here--
COMMISSIONER MURRA Y: That e-mail said that it would be available.
CHAIRMAN STRAIN: Mr. Murray, you need to use the microphone.
COMMISSIONER MURRAY: Sorry about that.
If I recall correctly, that e-mail said that would be available.
MR. MULHERE: We'll get copies.
CHAIRMAN STRAIN: I think that would be best.
On your Exhibit B to your PUD --I don't know if you're there yet, Bob. On the bottom line it says
it's your standard devclopments table.
MR. MULHERE: Okay.
CHAIRMAN STRAIN: It's hard to find any of these ever to be right anyway, but on the last line, it
says maximwn gross leasable area. I think we should take out the word leasable. You're not leasing this
property, you own the property, don't you?
MR. MULHERE: It's just a term that the planning staflhas always used. I don't mind taking it out.
But I do want you to know that that 130,000 square feet applies to square footage under air.
In other words, it doesn't include the parking deck or -- those are not ever included in your square
footage calculations.
CHAIRMAN STRAIN: Well, I wouldn't say ever. They're not included in air conditioning
calculations for sure.
MR. MULHERE: They're not included in ternlS of this limitation here. We've never included the
square footage for display on top of the garage in terms of the square footage, for example.
CHAIRMAN STRAIN: So we don't know how much --
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MR. MULHERE: Enclosed might work.
CHAIRMAN STRAIN: Bob, how much gross square footage do you think you're going to be using
then?
MR. MULHERE: We're going to be using for display, oftices, all the typical uses, 130,000 max.
CHAIRMAN STRAIN: What you're now saying is either air conditioned or enclosed.
MR. MULHERE: Correct.
CHAIRMAN STRAIN: But your gross now is going to be substantially larger because you're using
a how many deck parking garage?
MR. MULHERE: Just parking on the roof.
CHAIRMAN STRAIN: Parking on the roof?
MR. MULHERE: I mean, I've never seen a parking garage in any calculation in Collier County
counted towards the intensity. I'm not aware of -- unless it was maybe a commercial garage?
CHAIRMAN STRAIN: I think Waterside Shops just had maybe one that might have been looked
at as intensity, but I don't remember the circumstances particularly.
MR. MULHERE: Not as part of their retail calculation.
CHAIRMAN STRAIN: So instead of gross leasable area, it would be enclosed area.
MR. MULHERE: Yeah, that would be tine.
COMMISSIONER SCHIFFER: Mark, let me --
CHAIRMAN STRAIN: Go ahead.
MR. MULHERE: That parking could be surface otherwise.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Go ahead, Ms. Caron -- or Mr. SchitIer.
COMMISSIONER SCHIFFER: Mark, the area thing is something that staff and everybody is
reviewing, it kind of spun off the task force. So it is correct, it is within the enclosed area of a building.
There are some exceptions for egress systems and stuff, but an open parking garage would not be included.
CHAIRMAN STRAIN: So enclosed is the right word to use there?
COMMISSIONER SCHIFFER: Yeah.
MR. MULHERE: Okay, good. Thank you.
COMMISSIONER CARON: I just want to make sure we're not leaving ourselves open to
something unforeseen here. Do they get around enclosed building -- if they leave those bays open like they
have now then is it no longer enclosed?
CHAIRMAN STRAIN: No.
MR. MULHERE: No, it's still enclosed.
COMMISSIONER CARON: All right. Because I'm--
COMMISSIONER SCHIFFER: And Mark, one --
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: I think the LDC has a definition of building area. Why don't we
just use that, that would be the same as this.
Ray, don't you agree with that, that building area is the word we should be using? Because that's
the definition that establishes within the cnclosed.
MR. BELLOWS: Typically we've used gross floor area or building area -- Icasable for retail uses.
If it's office, we generally use f,'fOSS floor area.
CHAIRMAN STRAIN: So now what are we back to? We're going to use enclosed?
MR. MULHERE: I think in this case the enclosed is actually more restrictive. And I think it gets to
what you were more concerned with, more so than just gross -- than just leasable area.
CHAIRMAN STRAIN: I would feel comfortable leaving it that way--
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MR. BELLOWS: In my opinion we're dealing with a use that's not quite a retail type of use, it's an
auto dealership. And because it has unusual storage needs or display needs, I would say the enclosed area
would be best suited in this case.
MR. MULHERE: If it serves the planning commission, I certainly wouldn't mind between now and
-- again, if we go forward here, you know, looking at that definition. And I'll provide one for you if you
want it here as to what is meant by the term enclosed.
CHAIRMAN STRAIN: Bob, I think we're happy with enclosed at this point, so why don't we leave
well enough alone.
MR. MULHERE: Okay.
CHAIRMAN STRAIN: Exhibit E, list of developer commitments. Under landscaping, your
number two, your Type B buffer, it says a buffer may include water management area and shall include an
opaque fence.
Now, is this around that water management area that was shown to us by Commissioner Caron in
that photograph?
MR. MULHERE: No, sir.
CHAIRMAN STRAIN: Okay, where would this apply?
MR. MULHERE: This is intended to be right here where -- right here where the preserve area
abuts the residential zoning.
CHAIRMAN STRAIN: Okay.
MR. MULHERE: The water management area is to the north and again over in this area.
CHAIRMAN STRAIN: For both sound and visual, why would we want to make it opaque?
There's sure nothing pretty looking at a car lot. Why wouldn't we want to see it a solid wall six feet high?
MR. MULHERE: Well, I think opaque is you can't see through. Opaque means--
CHAIRMAN STRAIN: It could be a chain link fence with those slats in it too.
MR. MULHERE: That wouldn't meet the definition of opaque. But, I mean, if we want to change
-- if you want to say a concrete or masonry architecturally finished wall, would that get it?
CHAIRMAN STRAIN: Yes.
MR. MULHERE: Okay.
CHAIRMAN STRAIN: Does that work for everybody else?
(No response.)
CHAIRMAN STRAIN: I've got to make notes as I go along here, so give me a minute.
Go ahead, Ms. Caron.
COMMISSIONER CARON: While you're on the wall, can we talk about the height of that wall?
Obviously a six-foot wall that is behind the Lexus dealership hasn't done much to protect the residents there
from noise. Perhaps we should think about a higher wall.
MR. MULHERE: I would otler two things. I don't think we would be opposed to that, but I think
that the noise issue will be addressed through moving everything into the interior of the building, not
having landscaping. So I think that really will go away.
Then the question is do you really want a higher wall. We do a good job with the landscaping on
the outside of the wall. With the six-foot wall it should be very attractive from an aesthetic perspective.
And I recognize that, you know, we need to ensure that that's the case.
But that I think would be better, I'm just -- it's really not a question. To go eight-foot is really not a
problem for us if you wanted to give us a deviation. But then again you're talking about a -- I mean, for
light and air, 1 think six foot works better.
CHAIRMAN STRAIN: Would you have any objection to bringing back a cross-section by the
consent agenda of that area showing how the parking lot works with the wall, works with the landscaping,
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August f1~oo~
works with the preserve, works with the residential?
MR. MULHERE: Matt?
MR. McLEAN: We can do that, yes.
COMMISSIONER SCHIFFER: Mark --
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: -- a question.
Robert, the wall is going to be on the eastern side of the preserve, essentially the Germain side.
MR. MULHERE: That's correct. And it's not counted as part of our preserve, so, you know, as I
indicated to Mr. Strain.
COMMISSIONER SCHIFFER: So you would see it through the preserve, if you could see it.
MR. MULHERE: Correct.
CHAIRMAN STRAIN: Okay, did you bring a copy of your corporation records for the record?
Would you make sure that the court reporter has a copy. For those of us that want to see it, we can put it on
-- it's short, so we can put it on the overhead.
Okay, I think the -- go ahead, Ms. Caron.
COMMISSIONER CARON: Yeah, just back to the development standards table.
MR. MULHERE: Yes, ma'am.
(Papers being distributed.)
COMMISSIONER CARON: I think I have that already, thank you. I printed it out. Thank you.
CHAIRMAN STRAIN: Before we go too far, we have a whole pile of paperwork here to
distribute. And for the record, everybody's receiving a handwritten note concerning the fair share
contribution that was read into the record earlier.
We also received several pages, Forge Engineering soil test report, which are -- it's dated August
11th, 2008. Looks like it's nine pages.
And we've received the corporate disclosure of interests, a listing of the various owners of the
property that wasn't part of the package originally.
And all these I have copies for the court reporter.
Is there a motion to accept all this into evidence? Mr. Murray?
COMMISSIONER MURRAY: Move to include all documents tendered into evidence.
CHAIRMAN STRAIN: Second by anybody?
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Ms. Caron.
All in favor'!
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Okay. Now, Ms. Caron, you were in the middle of something.
COMMISSIONER CARON: Yes. Because the entire PUD abuts the preserve, don't we need to
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change the development standards table to reflect that?
MR. MULHERE: Under -- I'm looking for it right now. Let's see. Abutting residential.
Conservation area, I see it, okay.
Well, I think what I would suggest there, if it works, is that, you know, that's existing parking. I
would footnote that and footnote that parking exists within the 10-foot accessory structure boundary. That
way if it's ever redeveloped, they still have to meet that setback.
COMMISSIONER CARON: Well, the site's being redeveloped now. I don't know why we can't
bring it into compliance now.
MR. MULHERE: Well, you know, we can put a wall there. You're allowed to use a physical
barrier and then go right up to it. So I mean, maybe that's what needs to happen there. I don't think they
want to lose 10 feet. They have that option.
CHAIRMAN STRAIN: What are you suggesting, Ms. Caron, any change to the table then, or not?
COMMISSIONER CARON: Actually, I want to think about that, because that may be exactly
what they need to do.
CHAIRMAN STRAIN: Okay, before we get to the end of this.
COMMISSIONER CARON: Before we get to the end, we'll go back to it.
CHAIRMAN STRAIN: I had finished with the questions I've got from the docwnents, and we're
getting into then the commercial Fishkind report.
Ms. Caron, I think you had questions on that.
MR. MULHERE: So just to clarify, I'm just going back to that real quickly on that conservation
area. I'm sorry. I just wanted to clarifY the -- the existing condition, we either need to allow that to remain in
place, because otherwise if we leave it the way it is right now, during the SDP process, I guess staff would
require a physical barrier and we'd end up having to put some sort of a wall in there to be able to -- to
extend to -- you know, because from what I'm understanding, the setback applies to not only structures but
also like fill and parking. Even though it's existing.
CHAIRMAN STRAIN: Well, if the setback applies to that, then you'd have to put a retaining wall
in, is what you'rc getting at, to stop the fill from being over there. Remove the fill and restore the area.
MR. MULHERE: Exactly. That's what I'm saying, yeah.
CHAIRMAN STRAIN: But if you want to change that herc and you want to change it in the
development standards table, wouldn't you be seeking a deviation?
MR. MULHERE: Yeah, technically we would be.
CHAIRMAN STRAIN: Don't we have to --
MR. MULHERE: Well, it's not a deviation. Setbacks are not deviations. You can use the PUD to
request different setbacks, and they're not deviations.
CHAIRMAN STRAIN: Okay. Give you time to think about it.
Okay, Ms. Caron, do you want to ask your questions about the Fishkind report? Is that --
COMMISSIONER CARON: Sure. Ijust have a couple.
I'm sorry, your name again is?
MR. WEYER: For the record, Russ Weyer, with Fishkind and Associates.
COMMISSIONER CARON: Thank you. Mr. Weyer, this is the report that you put together for the
Germain properties. Are you pretty comfortable with what's in this report?
MR. WEYER: Yes, ma'am.
COMMISSIONER CARON: So when we go to your market need conclusions--
MR. WEYER: Yes.
COMMISSIONER CARON: It says here within a 3D-minute drive time area of the project there is
the potential for an additional 212,000 square fcet of auto dealership by 2020.
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MR. WEYER: That is correct.
COMMISSIONER CARON: And you're really comfortable with that figure of212,000?
MR. WEYER: Yes, ma'am, based on population growth and based on the per capita need that we
have analyzed in the market. Markets are very efficient. So we have analyzed it from current market
conditions and what the population has accepted. We think going forward based on future population
growth, that's what it will be.
COMMISSIONER CARON: This PUD is asking to increase its square footage by some 70,000
square feet.
MR. WEYER: Correct.
COMMISSIONER CARON: Right next door at the Lexus they just increased it some 56,000
square feet.
What in your judgment is the reason that all square footage for auto dealers within a 30-mile radius
MR. WEYER: 30-minute drive time.
COMMISSIONER CARON: 30-minute drive.
MR. WEYER: Correct.
COMMISSIONER CARON: I'm sorry, 30-minute drive, why should 60 percent of it, of everything
you've projected that will be needed by 2020, why should it be on this piece of property?
MR. WEYER: Well, understood too, there are -- this was a very difficult -- first of all, let me
explain, this is a very difficult analysis to do because it's not a homogeneous commodity, like you would go
to a grocery store and the different groccry stores do types of things. It's a very specific type of commodity
that you're buying.
What ultimately will happen, dealerships are making changes, they're starting to consolidate. I
think what you will see that is not included in this is some of the dealerships that will be going away as they
consolidate, much like where they're moving the BMW dealership from Davis Boulevard out to 41.
So those things will be taken out of the market and consequently incorporated into these as well.
COMMISSIONER CARON: It didn't go away, it just moved.
MR. WEYER: I understand.
COMMISSIONER CARON: But you didn't answer my question. You've told us that within 30
minutes, a 30-minute drive of this piece of property 212,000 square feet of auto dealerships, we're going to
need that by 2020. And you want to put 60 percent of everything betwecn 30-minute drive right here at the
corner of Wiggins Pass and 41.
MR. WEYER: Mrs. Caron, I'm going to let --
COMMISSIONER CARON: And --
MR. WEYER: Two things. First of all, Mr. Germain had asked to answer that as well. But we did
include that 56,000 of the Lexus in this analysis already, so it's not part of the new. It was included in the--
because we knew it was coming.
COMMISSIONER CARON: All right, so now we're down to 40 percent.
MR. WEYER: Correct.
COMMISSIONER CARON: So my question still remains. I mean, I'm wondering here, I think it's
going to be amusing to see the reaction of the Devoes and the Galloways and the Scanlons whcn they find
out that they've got next to nothing left because everything that's going to be needed is going to be right
here at Wiggins Pass and 41.
MR. WEYER: Not evcrything.
But Mr. Germain?
MR. GERMAIN: Yes, Ijust -- I want to explain how we amve at the size of these proposed
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dealerships. The manufacturer comes to us when they want a facility, and we're responsible for keeping our
facilities up to their standards and the ability to service their customers.
This is a new Toyota store so Toyota comes to us, they do a market study and they say based on the
units in operation that you currently have for our product, based on the growth that we see and our
percentage of sales as a percentage of the industry, we feel that in the year 2012, 2015, I think they forecast
out six years, you're going to have "X" amount of units in operation.
That being the case, you're going to need to go from 36 service bays to 72 service bays. And 72
service bays translates into so much parts square footage and so much showroom. So the size of the
building is determined by the manufacturer.
And depending on the franchise, there's -- sometimes there's some flexibility and sometimes there
are not. But the manufacturer determines the size of the building that they would like to see us build for
them.
And we have franchise requirements that require us to keep our facilities updated and the size that
it takes to service their customers. And they forecast it out five and even 10 years.
COMMISSIONER CARON: But sometimes, as with your BMW dealership, you are unable to
accommodate that on the piece of land you had, you had to move it.
MR. GERMAIN: Exactly. That's true.
COMMISSIONER CARON: Right. So my -- I'm still questioning whether we need to maybe
move something else off of this piece of property, and probably the next go will be your Lincoln Mercury
dealership. That's not long for -- or as Mr. Weyer would like to say, elimination offunctionally inadequate
and dated dealer facilities. That one will probably --
MR. GERMAIN: The Lincoln Mercury franchise, we're looking around for some alternatives to
that. Moving forward, it's probably not -- the growth of a Toyota franchise or a Lexus franchise is a lot
greater than a Ford Motor Company or a Lincoln Mercury. But it's a viable franchise for us, but it may at
some point not be on this piece of property.
COMMISSIONER CARON: But then that gives you close to 17,000 square feet already that you
would have available.
MR. GERMAIN: I think that our wish is not to commit to removing that building. Again, we're
looking for alternatives for the Lincoln Mercury franchise, but we want to include it in the square footage
for this petition.
I also want to say that in regards to parking, most dealerships these days, when they expand,
because of the cost of land and the size of the buildings that we're being required to build, most of the
stores have ofj:site parking to put lease returns, wholesale vehicles that are going to be taken to the auction.
We currently lease four acres up at the dog track that's enclosed. And we also just got a lease from
the county on some property in Railhead Industrial Park, another two acres. So we do store some of our
extra stock, lease returns and wholesale cars ot1:site.
MR. MULHERE: And might I say that the savings attributed to that are passed on to the buyers.
COMMISSIONER CARON: You might say that, but -- remember, you're on the record.
CHAIRMAN STRAIN: Are there any other questions of the applicant before we go to staff report?
MR. MULHERE: I did just want to clarity a couple of things. I think it was actually 30 percent of
the square footage, or just slightly over 30 percent of the square footage, the 70,000 translates to 30 percent
of the 212,000, or just over 30 percent, not 40.
And also u
COMMISSIONER CARON: It's got to be closer to 40, Bob, because we're talking about adding 70
to 56.
MR. MULHERE: I was thinking seven times three is 21.
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1 2ukust 11 ~oc!>
COMMISSIONER CARON: It's closer to 39 or 40, so --
MR. MULHERE: Anyway, think 33 percent.
But the other point I wanted to make is obviously those other dealerships that you reference, those
other franchises, when the time comes for them to ask for a new site or an improved site they have to come
in and do their own analysis.
CHAIRMAN STRAIN: Yeah, but those are made as instructed. They'll hire somebody else who'll
come in and say we need it. Have you ever seen anybody come before us that hasn't said that?
I don't know if that's a good defense, Bob.
MR. MULHERE: No, I'm not making a defense, I'm just saying they're going to do their own study
at the time, and you have to evaluate that at that time.
CHAIRMAN STRAIN: Anybody else got any comments for the applicant before we move to staff
report?
(No response.)
CHAIRMAN STRAIN: Okay. Melissa, is this yours?
MS. ZONE: Melissa Zone, Principal Planner with the Department of Zoning and Land
Development.
I would like to discuss some clarifications that were in the staff report. And if this board would
accept them, I'd like to make these changes so when it does come back to consent agenda, I'll have the staff
report showing those changes that I am proposing right now.
Before I go into all of thesc changes, I do want to verity that the subject property is designated
urban in the commercial district of the mixed use activity center subdistrict, and it's activity center number
20, which is at U.S. 41 and Wiggins Pass Road.
And if you could turn to Page 3 of the staffreport, under thc purpose description ofproject, instead
of -- I wrote zoned height instead of actual height. And if this board would be acceptable to it, I would like
to change it to reflect the actual height, which would be 65 feet. Zoned is the 55 feet.
Also, on Page 4 of the staffreport, the third paragraph where it says this petition was previously
scheduled to go before you, it was -- it was brought to my attention with discussions with the applicant that
the applicant continued this petition because concerns were raised that the preserve area had been modified
and that it appeared that it might have been rcduced, and they wanted to show that it had been -- that the
master plans had changed and the reasons behind that.
But also, according to thc Growth Management Plan, there is a requirement for, in activity center
20, that a market analysis had to be completed. It wasn't at that time, and, you know, so they continued to
have that market analysis completed. And it was not bccause of a planning commissioner's request.
So that is erroneous, and I would like to change that paragraph to basically write what I just
paraphrased now. And if this board is comfortable with that, I would like to make that change.
Also, what I have on the visualizer, what was passed out to you, came to me from the -- from
transportation division planning services, and the --
CHAIRMAN STRAIN: Before you go too far.
MS. ZONE: I'm sorry, Commissioner.
CHAIRMAN STRAIN: No, that's okay, I interrupted you.
The one that you passed out says it's from Mason, S. --
MS. ZONE: Well, you know what, we were --
CHAIRMAN STRAIN: That's the principal environmental specialist. How did that come from
transportation if it's an cnvironmcntal?
MS. ZONE: We wcre very clever. We were wanting, because you had mentioned earlier you
wanted to see something that Bob had read into the record. So we askcd Ms. Mason, who has her laptop
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16 IAuglAl,~o8
here to e-mail it to one of the people in the Board of County Commissioners the requirements for the new
PUD document, developer's commitments.
She was gracious to assist us, as well as the -- Paula Spring. So she e-mailedit.soit does appear to
come from environmental, but it's not.
CHAIRMAN STRAIN: I was just trying to figure how environmentally they decided upon this,
because they always have unique ideas, and this could have been another one, but -- no, we appreciate that.
Thank you.
MS. ZONE: I thank you for that -- that's why I kind of folded it on the visualizer to kind of remove
some of the names, but Susan's, I couldn't.
Exhibit E of your PUD document, the list of developer commitments, under transportation there
are two developer commitments. And to clarify what Bob Mulhere had talked about with transportation
planning department, number one and two reads similar to the one and two of your PUD documents
commitments except for there was added language that says after the word cost of intersection
improvements, and then the added words are: Including signalization and ITMS. And then at U.S 41 and
Wiggins Road.
And so we wanted to make that a little bit clearer and for this board to be able to see what we
would be revising in the PUD document.
CHAIRMAN STRAIN: Okay, before we leave that, so what you're suggesting is -- because we've
had two difJerent documents. We had a hand document that was passed to us that we've already accepted
into evidence, although it doesn't mean we've accepted it into stipulation. That is replaced by at least one of
the comments on the new, cleaner typed e-mail document that we received.
MS. ZONE: Correct.
CHAIRMAN STRAIN: As well as the other transportation items on Exhibit E items being
replaced by items one, two and three in the e-mail Exhibit that you sent out.
And has transportation agreed with that? A nodding of the head of Mike Green would be fine.
Let the record show Michael Green nodded his head in the affirmative. So that works.
Now we can go on, Melissa.
MR. MULHERE: I'm sorry, Bob Mulherc for the record.
Mr. Strain, I just want to say that we have no problem with those. I may have misunderstood Mr.
Green when he gave me the changes. We're tine with the way those are worded.
CHAIRMAN STRAIN: Okay, thank you.
MS. ZONE: And one and two will replace on that e-mail note that you were given as an exhibit by
me to the one and two of the list of developer commitments in Exhibit E.
A third one was just added, and I know that the applicants might have some questions. And 1'\1
have them come up to address this. But on number three, transportation planning department would like to
add: All existing interconnections on both the north and south PUD boundaries shall be maintained in
perpetuity.
Of course I will have them change it to CPUD. And we will put these commitments -- we'll bring it
to the county attorney's office to make sure that they are -- written it for legal sufficiency without changing
the intent of their request.
But I believe the applicants might have some questions on number three.
CHAIRMAN STRAIN: He's dying to speak on that mic., Melissa. Go ahead, Bob.
MR. MULHERE: For the record, Bob Mulhere.
You know, I don't have much of a problem with this interconnections. It's appropriate, they exist.
But I would like to suggest one additional phrase, and I don't think transportation would mind, and that
would be at the end of it to say, unless said interconnections are altered or relocated with the approval of
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1 qJgustll~2oQ
transportation services.
Maybe it has to be shifted somewhere. You don't have to come in and amend the PUD to make
some minor revisions to the interconnections.
CHAIRMAN STRAIN: Just as the language in general, I would have asked for some kind of
clarification. All existing in perpetuity. We don't know what's going to happen down the road. There needs
to be flexibility if this is to go move forward.
MR. MULHERE: And I would say that if we want to change it we have to go in and get their
approval. I'm more comfortable with that.
CHAIRMAN STRAIN: Okay, Mike?
MR. GREEN: For the record, Michael Green, Tansportation.
We would be okay with that additional language at the bottom of that condition that we have the
ability to review a relocation of the interconnection.
CHAIRMAN STRAIN: So except as may be approved for relocation by the Collier County
Transportation Department.
MR. MULHERE: Alteration or relocation.
CHAIRMAN STRAIN: Okay. Okay, Melissa, are you --
MS. ZONE: Those were the corrections that I would like to add, if this board is acceptable to them.
And I have no other disclosures or anything else to add. But I am here for any questions.
CHAIRMAN STRAIN: Okay, Mr. Murray?
COMMISSIONER MURRAY: For clarifications purposes, on Page 3 of 13, you pointed out about
the zoned height. And I made a mark here, actually usually larger. I mean, I was just -- reversed.
Now, not a problem for you in this context, but I could have sworn I hcard Bob indicate that he
was going with it the way it was stated here, and I want to be clear, we agree, do we, that the zoned height
is usually and in this case lesser than the actual height.
MR. MULHERE: Yes, wc agree.
COMMISSIONER MURRAY: And the actual height will be 65 feet.
MR. MULHERE: Yeah, the way we proposed the PUD, the zoned height is 55 feet, the actual
height is 65 feet.
COMMISSIONER MURRAY: All right, I'm good with that, thank you.
CHAIRMAN STRAIN: Ms. Caron?
MR. MULHERE: We didn't put that on the record yet. I'm waiting for you.
COMMISSIONER CARON: Let's go back to our conversation of the other day, and let's get to
what we really need for height here.
MR. MULHERE: We did have a convcrsation or a meeting as to whether or not -- what did we
really need for height? And at that time I suggested that the actual and zoned could be the same. We don't
think we -- because it's a t1at roof There's a big difference here. Tfhe had some sort of a hip roof or
something, then we would need a difference between the actual and the zoned.
And the parapet wall on the parking garage is measured as part of the building height, it's the flat
vertical member. That's how you measure your height.
COMMISSIONER MURRAY: But doesn't that have to be high enough to enclose the vehicles?
MR. MULHERE: It does. And [ think that would included within that 55 feet.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Bob, let me make sure what you're saying. First of all, actual
height is measured from the average centerline of the road. Do you know if that's higher or lower than your
property?
MR. MULHERE: How high are we going to be ofT the road? Three, four feet? It's pretty close to
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the same.
COMMISSIONER SCHIFFER: So let's assume the same. The actual height, he'll have nothing can
go above it. So if you do put parking up there, no light fixture, no lightning rod point, nothing --
MR. MULHERE: No, I think a lightning fixture can, that's not part of it, that's exempt from it.
COMMISSIONER SCHIFFER: Actual height?
MR. MULHERE: Yeah.
MR. SCHMITT: Elevator shaft.
MR. MULHERE: All of those are exempt.
COMMISSIONER SCHIFFER: From actual.
MR. MULHERE: To my knowledge they are.
COMMISSIONER SCHIFFER: Exempt from zone, but they're not exempt --
CHAIRMAN STRAIN: I thought actual was supposed to take in the height of all appurtenances
and everything else from the natural ground level up.
COMMISSIONER SCHIFFER: It did.
CHAIRMAN STRAIN: Now you're saying no?
MR. BELLOWS: I was thinking zoned, but I believe you're right, now that I'm thinking of it.
COMMISSIONER SCHIFFER: So let me go back. That's everything. Because I remember when
we put that together. There's nothing, the point of the lightning rod can't be above that height.
So Bob's got to be careful here that no light fixtures on top of that parking garage, nothing like that.
And remember, Bob, this --
MR. MULHERE: So if the lighting fixtures and those kinds of things are accounted for, then I
would suggest that we need to stay at the 55 and 65,just to be sure.
COMMISSIONER SCHIFFER: And the other thing is --
MR. MULHERE: I was under the impression they were exempt, but let's just assume that it's
anything on top of the building and everything, including lighting fixtures, Ilag pole, whatever. Then I think
we need that extra 10 feet, because the parapet wall would then be counted as part of it alone, which I didn't
think was.
CHAIRMAN STRAIN: Ray, do you have the actual definition? Have you pulled that up or are you
looking at it?
MR. BELLOWS: I'm looking right now.
CHAIRMAN STRAIN: I figured you might be. Why don't you just read it into the record so
nobody has any mistake as to what we're talking about.
MR. MULHERE: I got it right here. Sorry, Ray.
MR. BELLOWS: Slow computer.
MR. MULHERE: Okay, this is building, actual height of: The vertical distance from the average
centerline elevation of the adjacent roadway to the highest structure or appurtenance with the -- without the
exclusions of Section 4.02.01.
So I think those exclusions actually do still apply. It says without.
COMMISSIONER SCHIFFER: No, what it means is you cannot use the exclusions.
MR. MULHERE: Okay, well, then that's another debatc, what that scntencc means.
CHAIRMAN STRAIN: I know how we've applied it all in the pa~t, it's from the highest tip --
because as Commissioner Halas said, I think to the tippy top of the building--
MR. MULHERE: I don't even want to get --
CHAIRMAN STRAIN: That's the intent behind that ordinance--
MR. MULHERE: -- into a discussion of what that means. I'm just telling you if that's the case, I
feel like we need the 55 and 65 then to be sure.
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CHAIRMAN STRAIN : You bring a lot of clients here. Might remember tippy top. Just think of
tippy top for commercial --
MR. MULHERE: I got it.
COMMISSIONER SCHIFFER: Well, Mark, that was supposed to get rid of tippy top. I think we're
actually using the word more since we wrote that.
But the bottom line, Bob, if you're walking on the roof, you're probably causing a zoning violation,
being so tall. That was my only concern.
The other concern I had, and maybe is, that since setbacks are normally measured perpendicular,
this 200 feet, we do show it extremely clear on the site plan. Will there ever be a confusion? In other words,
should we state something that's within 200 feet of a residential boundary, so nobody in the future without
that graphic would have a problem?
MR. MULHERE: It says under the table for the rear setback abutting residential, 200 feet.
COMMISSIONER SCHIFFER: Right. And since setbacks are -- typically they're measured
perpendicular, so essentially I could go one inch below that residential and slide 27 feet up. That's not what
you show, obviously --
MR. MULHERE: We can't really in this case, because otherwise it's 100 -- I mean it's -- or
whatever. What is it, 50 percent of the building height, so yeah, you might be --
COMMISSIONER SCHIFFER: 27.5.
So should we -- and Jeff: I guess it's that the drawing clearly shows that it's a -- from that comer
you're doing a 200-foot radius.
Should we make it work verbally and graphically or just rest on the graphic?
MR. MULHERE: Well, do you want to say as measured perpendicularly or by radius?
COMMISSIONER SCHIFFER: All's we could say is that no building would could be within 200
feet --
MR. MULHERE: Yeah, we add that.
COMMISSIONER SCHIFFER: -- of an abutting property line, and that does it. But setbacks are
measured perpendicular. Somebody could take advantage of that.
MR. MULHERE: Okay. So what we could do is we could say -- leave the setback in there and say
except that no building shall be located within 200 feet of residential zoned property, and that would work.
COMMISSIONER SCHIFFER: And use the word abutting. That's it, thank you.
CHAIRMAN STRAIN: Okay, Ms. Caron?
COMMISSIONER CARON: Yeah, I want to get back to this whole height issue, because I think
that whatever is built here on this site has to have some relationship to the rest of the activity center.
And the height across the way to the north is 35 feet. Across the street to the east, it's probably even
less than that. But there's nothing beyond there that's more than -- greater than 35 fcet plus whatever, you
know, the little peaky things on thc roof; which don't go up more than 10 more feet beyond that.
MR. MULHERE: I agree that that's probably the case now, and I can't tell you what might be the
case. I'm not sure what the height restrictions on these PUD's are. 75 foot is the allowance in C-4, which --
C-4 here, C-4 here, C-4 here and here.
COMMISSIONER CARON: I mean, I can tell you what's on the ground--
MR. MULHERE: No, I understand that.
COMMISSIONER CARON: -- of the activity center.
MR. MULHERE: And what I'm suggesting is we took it down from 75 feet zoned height to 55 feet
zoned height as a max.
COMMISSIONER CARON: You didn't have a zoning of 75 feet, your PUD says 50 feet.
MR. MULHERE: No, from our original requcst, we took it down is what I meant, trom the
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16 ~ugult AI, ~8
original -- from what we submitted originally.
COMMISSIONER CARON: Your original PUD is 50 feet.
MR. MULHERE: Right, zoned.
COMMISSIONER CARON: I don't see any need to change that, so give yourself 55 feet for actual
on the new. Which is what you and I had talked about.
MR. MULHERE: I know we did, but I also caveated that I felt that the parapet wall and the other
appurtenances that would be on the roof were not subject to that. I thought it was measured to the vertical
roof, to the -- I'm sorry, to the horizontal roof structure.
But if everything is included as the definition indicates, then I don't know -- I don't know that --
COMMISSIONER CARON: Well, if you're looking -- right now you currently are allowed 50 feet.
MR. MULHERE: Yes.
COMMISSIONER CARON: I don't think that needs to change. Ifwe're going to now define an
actual height in there, I don't see why you need more than 10 feet more than anybody else would get on the
top of theirs.
MR. MULHERE: So 50 and 60?
COMMISSIONER CARON: We're talking 35 feet for your neighbor, who gets 10 feet on top of
that.
MR. MULHERE: Yeah, 50 and 60 probably works. That works, 50 and 60. So that would be five
n that means we're at the existing zoned height of the PUD. That works.
COMMISSIONER SCHIFFER: Bob, be somewhat careful. I don't know if you're going to build a
ramp for your vehicles, but if you start building elevator lifts, that 10-feet difference is going to start giving
you trouble.
MR. MULHERE: We'll have to just keep the balance down below that.
CHAIRMAN STRAIN: Okay, are there any other questions of the staff, which this was supposed
to be, before we go into public comment, public presentation?
Melissa -- anybody else, Ms. Caron?
COMMISSIONER CARON: Yeah, I'd like to talk to compo planning.
CHAIRMAN STRAIN: Compo planning, are you here?
There he is. Corby.
MR. SCHMIDT: Yes. Good morning.
COMMISSIONER CARON: Hi. Very simply, I want to get your thoughts on the market n the
supposed market analysis that was done.
CHAIRMAN STRAIN: By the way, when we finish with compo planning, before we hear public
speakers and before we go into debate, we'll take a 15-minute break. It's obvious we can finish this before
we take a lunch. There's no sense of everybody waiting for lunchtime, because this will be the last thing we
hear today.
Corby, after you we're going to take a break. Go ahead, sir.
MR. SCHMIDT: For the record, Corby Schmidt, with Comprehensive Planning Department. And
just generally what --
CHAIRMAN STRAIN: You need to get the mic. a little closer to you, sir.
MR. SCHMIDT: You just want general responses to what comprehensive reads into the market
study?
COMMISSIONER CARON: Yes. To begin with.
MR. SCHMIDT: Sure. Not like any other market study we've seen, this one is certainly a
specialized market study because it deals with an automobile dealership and a sales and service facility.
And that way it's highly specialized.
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l~sI21, JoA6
It does take into account the market area for again the franchise or the make, makes being sold at
the specific location. And it tries to mix that. And it does. It mixes that with the overall market area and the
overall commercial space available, and it also gives us other, whether they're like or different, it also gives
us the other measurements for automobile dealerships and sales and services in that same area.
So in that way it's a typical study.
COMMISSIONER CARON: So you think it's appropriate -- you're buying into the 212,000 square
foot nwnber?
MR. SCHMIDT: We can accept that.
COMMISSIONER CARON: You think that's a reasonable nwnber?
MR. SCHMIDT: It is.
COMMISSIONER CARON: And that some 40 percent of that is acceptable at this one site in
terms of -- well, I mean, they're telling you that within 3D-minute drive -- and first of all, I think it's rather
specious, because within a 30-minute drive to the north, we're out of our jurisdiction. So we can't even
consider the square footage that might be approved beyond the Collier County borders.
MR. SCHMIDT: I think the mix between the demands of the makers and what the market will
support are being used here to show you that at each individual location we're densifying or we're
increasing the intensity of the use.
It's a recent trend and it's one we'll see for the foreseeable future. And you may see each next
market study give you larger numbers like that, where each one will intensify based on a larger market
support area.
COMMISSIONER CARON: How many of these market studies for auto dealerships have you
seen before?
MR. SCHMIDT: This is the first for a specific to an automobile dealership.
COMMISSIONER CARON: So we've never required a market study for automotive in this
county?
MR. SCHMIDT: It is the first one I've seen and it's first time one is being required inside this PUO.
COMMISSIONER CARON: Well, it's required for the activity center. But do you have any idea
whether it would be required of other activity centers?
MR. SCHMIDT: It would be, yes. It would be.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Any other questions of compo planning?
(No response.)
CHAIRMAN STRAIN: Okay, Corby, thank you. We'll come back here at five minutes after 12:00
and resume. Thank you.
(Brief recess.)
CHAIRMAN STRAIN: Good afternoon, everyone, welcome back from the break. We're going to
be finishing up this Germain Toyota application. Is there any questions before we go to public speakers?
Ms. Caron?
COMMISSIONER CARON: Yeah, I just wanted to bring up one other issue that I spoke to both
Chris and Bob about, and that's the loading and unloading of these trailers, which has been consistently
done off-site, blocking Wiggins Pass Road, most especially, but also blocking the turn lane in from Old 41
onto their property.
I want some sort of assurance, and we should probably make it a stipulation, that there will be
someplace for these vehicles to load and unload on-site, as opposed to otl~site like they've been doing.
MR. MULHERE: We would ab'Tee that during the SOP we will design a location for that to occur.
I had one item I needed to discuss. I don't know if you want me to do it just right now,
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1 ~utust Jl~2oo9
of the wall. But also I think in terms of environmentally to have a small curb wall kind of structure.
MR. MULHERE: You're talking about after we get past the residential zoning.
COMMISSIONER SCHIFFER: Correct, six-foot prior.
MR. MULHERE: That we would agree to say a three-foot structural wall, structural barrier for the
entire length of the preserve --
COMMISSIONER SCHIFFER: Right. And that's much more protective than anything could be. I
don't even care if it's three feet, I mean, two feet.
MR. MULHERE: How about a curb? How about a curb?
COMMISSIONER SCHIFFER: I think a curb, you know, make it --
COMMISSIONER CARON: A curb would be good.
COMMISSIONER SCHIFFER: -- something that would stop any kind of structure --
COMMISSIONER CARON: A curb would be good along the entire preserve area.
MR. MULHERE: Yeah, we'll do that. Yep, that makes sense.
CHAIRMAN STRAIN: Okay, so we're -- vehicular areas are up against the preserve area--
MR. MULHERE: Shall be curbed.
CHAIRMAN STRAIN: Shall be curbed.
MR. MULHERE: That makes sense.
CHAIRMAN STRAIN: Anything else before we go to public speakers.
(No response.)
CHAIRMAN STRAIN: Okay, Ray, do we have any public speakers?
MR. BELLOWS: Yes, we have one speaker, Doug Fee.
CHAIRMAN STRAIN: I know Doug, ifhe remembers from the past, knows the rules. So
welcome up, Doug, and use either speaker you'd like.
MR. FEE: Good morning, or good afternoon, Commissioners. For the record, my name is Doug
Fee. I live in the neighborhood where this project is located.
I have to also say that I am personal friends with many of the people that live on these two roads,
center and west. I've had several meetings myself that I've been involved with.
As you know, there are letters that have been submitted into the record from the property owners.
There's a petition.
The one thing I want to bring up here is on the letter dated -- well, it doesn't have a date, but it says
reference constant noise disturbance, okay, that is their heading. And on Page 2 of the petition, what you
have here is noise disturbance sources: Car alarms, horns, paint and detailing and auto mechanics shops,
loud music, toxic paint, cleaning fumes, yelling, profanity, air horns on large trucks, squealing tires,
revving engines, power tools, air tools, high pressure water hose, motorcycle and frequent car work repair
being done outside.
So where Mr. Mulhere, the consultant, stands up and says that we have addressed these issues, the
key here is these neighbors are saying constant noise disturbance. And I live in this area, I live a half a mile
down the street. I do frequent the area. I can hear the noise myself.
This is a PUD that was approved in 1990. And in the PUD on Page 2, it clearly states the intent to
be compatible with the surrounding land uses through internal arrangement of structures, open space,
setback and landscape. And it uses the word harmonious.
And what I want to point out here is you as the planning commission have a project that's coming
forward which, let's asswne is good for the neighborhood and Collier County. But what we need to do is
we need to make sure that the detail that's located in this PUD document addresses all of these issues very
detai I ed,
Because what we don't want to do is run into a situation, I bring up Stevie Tomatoes, where you
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have neighbors who are very close to a commercial property and they don't have any ability to address their
concerns except through this process, okay?
Now, having said that, one of the ways to help them is to put up a wall and put up landscaping.
And if I could, I want to use that picture that was put up where you were talking about the fence, I don't
know who has it, with the yellow highlight. Does anybody have that?
What I want to make sure of is I agree that there needs to be a wall between the residents RM-6
and the project. I am hoping that you will extend this out to a distance that will allow the noise not to
proceed into the residential area.
If you only are picking this part, you do not have any noise buffer to the north where you have the
Lexus dealership. It's C-4, it's not part of this zoning. But if you're stipulating things outside of it, somehow
we need to address that, because the noise is coming from this direction, as well as it's coming from the
south direction. And the neighborhood is hearing it.
So I would agree, we need a wall. We do not need a fence. I know, because I have a fence between
a project and where I live, and it is a very small fence. We need to have a wall, okay, much like you see on
a road, so that it blocks the noise and so it should be a masonry wall or however you want to do it, not a
fence.
I believe that the height should be eight feet at least, preferably 10 feet. Six feet is not going to do
it, especially if you are raising the vehicles up into a garage. And what happens is the person gets there at
6:00 in the morning, he needs to locate the vehicle, he's going upstairs, he's using the alarm, and the alarms
from the car are emanating out into the neighborhood, okay? It happens right now in the parking lot, let
alone when you put the new structure up, okay?
What I liked that Mr. Germain put on the record was the old facilities were done in a certain way
and the new facilities are done in a new way. And he used the words: They are completely enclosed.
Then five minutes later Mr. Mulhere stands up and says oh, but wait, the parking garage on the top
meets certain requirements and it won't be enclosed. That is my concern, that what we're doing is we're
raising some of the noise that's located on this level up to another level and there'll still be some openings.
What I'd like to make sure of is that somehow there is either trellises or some noise impact use that
allows it to stay within the garage, just like they do down at the Vanderbilt parking garage. You don't see
that parking garage. Somehow they've got it hidden, okay? So we need to buffer the noise.
The 200 feet. That is great. I want to make sure that the language that is located in the exhibit,
which says building height -- setback from west property line, it says 200 feet abutting residential and 50
percent of the building height not less than 15 feet. What we need to make sure of is that the language in
the table matches what is here on this radius.
CHAIRMAN STRAIN: We changed the language.
MR. FEE: So you have that covered.
One thing I need to mentions the transportation. The comer of Wiggins Pass and 41, you've talked
about some language as far as fair share amount of money coming in.
That comer right now is not engineered well at all. There are no curbs, there's no medians, there are
five lanes that have very light painting. My point is in this process, the public needs to tell you that that is
an unsafe intersection, and if you can stipulate, make sure that we bring that up to standard. It's an activity
center, but it is a roadway that is not safe. It hasn't been done. There's a lot of hodgepodge asphalting. You
know, there's a project to the north that's being developed. And it is not very consistent, okay?
That is basically -- I just want to make sure that we cover the noise, we make sure there's a wall.
The other thing is the buffering. If you have the buffer, they have to maintain that buffer. But that
isn't really landscaping, okay? So that buffer area which you're not -- you're not supposed to touch except to
maintenance it, what if it thins out and the neighborhood finds itself with no landscape, okay?
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Unless I'm not understanding this, are they required to put a buffer all the way along where the
residential abuts the commercial? And if it's buffer -- if it's preserve, I want to make sure that somehow
along that wall there is quite a bit oflandscaping that remains there that is maintained, that blocks out any
noise, any light.
So I don't know whether the language is stipulating that or not.
That's basically my comment.
CHAIRMAN STRAIN: We'll find out, because that question was one of the reasons I was
suggesting we not take the preserve all the way to the north.
But Mr. Murray has a question first and then I'll --
COMMISSIONER MURRAY: Hello, Mr. Fee. This was presented previously. We had it continue.
And I think you've been following that, right, this whole process going forward where they wanted to do
some work and -- you haven't followed Germain --
MR. FEE: I don't believe this project --
COMMISSIONER MURRAY: No, not this particular project, but last time there was discussion
about trash and tires and the whole business. That's the one I'm referencing. And you were following it.
MR. FEE: Oh, I attended the NIM meeting.
COMMISSIONER MURRAY: Okay, that's what I'm driving at. Now, you read a note or a letter
undated and said constant.
Is it your testimony that the people who have related this information to you have related it about
issues that they're raised that are now happening even though Germain pledged that it would correct all
those things?
MR. FEE: I can state personally that I have been on the street and have heard the noise today -- not
today, but within the last month or so. You can stand on Center Street where the residences are, and you
can hear the noise.
It's -- what they do is they'll come out and they need to locate the car, and they will use the
electronic, and all of a sudden you'll hear beep, and that car is 20 feet away from the property line.
COMMISSIONER MURRAY: I understand you, and I appreciate your telling me that. So why do
you believe a wall will take care of that?
MR. FEE: I believe it will certainly help in making the noise reverberate off and not make it over
into the property. It's -- I mean, a wall is a nonnal planning item. And they're agreeing to put it up. I'm just
saying that six-foot may not be the proper height that will allow that sound not to --
COMMISSIONER MURRAY: Okay, thank you for representing the people in your area.
CHAIRMAN STRAIN: Okay. Bob, did you have something you wanted to add?
MR. MULHERE: Yes, please. I'm trying to remember not to speak too loud into this microphone
because I blew out someone's ears.
COMMISSIONER WOLFLEY: All of ours.
MR. MULHERE: Mr. Strain, the -- in no way would I suggest that your calculations aren't most
likely 100 percent accurate, but the engineer over here --
CHAIRMAN STRAIN: Boy, you're being overly tactful for some reason.
MR. MULHERE: Except the project civil engineer says that if we take that preserve out, we will
not meet the 1.95 acres that's required, that it's actually -- we really do need this.
There may be some degree in there that we won't need. We're certainly willing to take a look at
that. But I think the majority we do need to meet that 1.95 preserve acreage.
CHAIRMAN STRAIN: You hired the civil engineer.
MR. MULHERE: Okay. And then so what I wanted say was that this wall, I mean, obviously if
you want us to extend it a little bit beyond the residential zoning boundary, that would be fine. But I really
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think Mr. Fee's issues are addressed by two things: Removing all of the uses that are presently occurring
either through open doors or outside inside the building, and the parapet wall that will be on the top of the
parking garage should provide better protection than a wall that's eight-foot or I O-foot high down at the
ground level relative to that parking garage use.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, Bob, if you extended your yellow line down to what is
essentially the edge of the proposed parking garage area so that everything in that circle of 200 feet were
walled --
MR. MULHERE: Yeah.
COMMISSIONER CARON: -- right to there, yeah, that might help the situation.
And I guess the other probably more important thing is, is there going to be a reconstructed wall on
the Lexus portion of this? Does Lexus already have one?
MR. MULHERE: There is a wall, yes, there is. And so --
COMMISSIONER CARON: And it goes the whole length of --
MR. MULHERE: Correct. It would come all the way down here. We would have to connect it this
way, okay? And I would suggest refurbished is certainly likely, but I don't know about reconstructed.
COMMISSIONER CARON: But there is a wall there already.
MR. MULHERE: Yes.
COMMISSIONER CARON: So maybe that just solves it if they want to extend it down a little
further.
CHAIRMAN STRAIN: A little further needs to be defined.
COMMISSIONER CARON: Well, I said to the edge of the building there, so it sort of matches the
curve where we're saying it's going to be 200 feet back. It will just marry that --
MR. MULHERE: I guess what we could do, understanding that, is to dimension that and where we
made that exception for the wall under the development standards to reflect that additional distance when
we bring it back to you, in terms of a dimension. It's 200-foot or 250 feet, whatever it is, we'll identity it
beyond the RMF-6 boundary, the southern RMF-6 boundary.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: We could just come up with it now just based on your radius,
make it 200 feet past the boundary.
MR. MULHERE: That would work, yeah, yeah. Ab'Teed.1 didn't think of that, thank you. That's
200 feet there, thanks.
CHAIRMAN STRAIN: The height of the wall, their suggestion was to go higher. Is there any
problems with that?
MR. MULHERE: I don't think there's any problem. I just have a concern that it's maybe not what
they really think that they might want with the vegetation.
By the way, I did want to address that issue. We understand our requirement to maintain at least the
-- if in any of the vegetation dies or it becomes scraggly or whatever, we're required today and would be
required then to go in and replace vegetation that would at least meet the buffering requirements. And I
understand that.
COMMISSIONER CARON: Okay, because it's not that way now.
MR. MULHERE: I understand, you shared that. And I passed that inforn1ation on. When we do the
site plan we will go through a landscape -- a plan submittal that will enhance that vegetation to meet or
exceed code requirements within the buffer area, using native vegetation that's acceptable to the staff in a
preserve format.
CHAIRMAN STRAIN: Bob, on the plan that you have up here, it says 25-foot landscape buffer
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required. The word landscape bufter infers it's a planted buffer. It's really a preserve area, isn't it?
MR. MULHERE: Yes, it is. It's both. It's going to function as both. There is a 25-foot landscape
buffer there, and the preserve can count towards that landscape buffer.
CHAIRMAN STRAIN: Okay, so we're not -- by using the word landscape buffer we're not
inferring any additional plantings, we're maintaining the preserve that's there, or what?
MR. MULHERE: No, we might be inferring additional plantings. And that will come at the time of
site development plan. We actually -- we will have to make sure that it does at least meet the buffer
requirements.
MR. SCHMITT: Which then would have to be native vegetation.
MR. MULHERE: Native vegetation, right.
CHAIRMAN STRAIN: Okay. Are there any other public speakers, Ray?
MR. BELLOWS: No other speakers.
CHAIRMAN STRAIN: Anybody else have comments? Ms. Caron?
COMMISSIONER CARON: Yeah, let's get into the intersection from staffs point of view,
because Mr. Fee is correct, the intersection at Wiggins and 41 is a mess, and it's dangerous, and considering
all of the proposed intensity at this comer, something needs to get done.
MR. GREEN: Mike Green, transportation planning.
Because of the way this area has developed, improvements were made as they've been identified. I
can tell you that all of the development that has happened that has been approved has been reviewed for
traffic impacts and everybody has been required to provide fair share towards intersection improvements.
You've got a new right turn lane that's been added on eastbound Wiggins Pass. Northbound Airport
has been converted into dual lefts.
COMMISSIONER CARON: No Airport.
MR. GREEN: It's 41, I'm sorry.
So most of the laneage that can be improved has been improved. Raised curbing isn't necessarily
what makes a road safe. There's tradeofts. There's changes in drainage and stormwater and everything else
that has to happen along with that. So just adding curbing isn't sufticient, that's not what makes the road
safe, it's all of the other design features that come into account.
And the roads currently are designed for the traffic volumes that are out there. As a matter of fact,
there's remaining capacity on 41 and Wiggins Pass.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER CARON: Let's just talk about when those improvements are actually going to
be complete. I think that may be closer to what the issue is.
Yes, you've put in additional turn lanes, but this is not complete by any stretch --
MR. GREEN: Those are not complete. The rest of the improvements to be made do include
intelligent transportation management, which is SCOOT. It's an automated interconnection between signals
and signal timing. There's three intersections that are identified.
We were working with FDOT to get their approval to put this on their corridor, and that would be
41 and Old 41, 41 and Wiggins Pass and 41 and Imperial Golf Course Boulevard. We expect those to be in
place in the next eighteen months.
COMMISSIONER CARON: And when you're coming down Wiggins Pass Road toward 4 1,
and/or you've made the turn on the new lanes, right now is the work that's going on there developer related?
Because the road is uneven, the lanes are not defined.
MR. GREEN: There's a number of issues that can cause that. Like you said, as improvements were
identified, they were completed. You also are tying into two separate FDOT projects over the last few
years. It improved 41, especially tbe six-Ianing up to Old 41 and then the continuation of that north of Old
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August 21, 2008
41.
And then we had to go back in and add right turn lanes that were not included in those projects.
So in today's condition, yes, there are multiple projects that have put down pavement over different
times, and there has not been one complete like area-wide reconditioning of the pavement and the striping.
But that at this point would fall to maintenance activities.
COMMISSIONER CARON: Okay, but it seems to me that 41 is pretty well set. We did get the
turn lane at Old 41, which certainly helped everybody in that neighborhood. It was a disaster without it.
But I'm talking in particular about Wiggins Pass west on the Germain side of Wiggins Pass. Right
now the Benderson project is under construction, and daily it seems the turn lane going into that project
changes.
When is all of this due to be complete so that we don't have different levels to try to traverse when
you're going around?
Right now there are two lanes as you come north and turn west on Wiggins Pass, two lanes that
you can take around. One, the outer lane, is supposed to lead people into the Benderson development.
The second one is to lead you down Wiggins Pass and also allow you to turn into the Germain
dealership. They have a turn lane there as well.
But right now nothing is even. There are no good lines either coming out or going in. The
pavement is uneven.
MR. GREEN: There's a final lift of asphalt that usually gets put down after the site construction is
completed. And that has to cure out. So you're looking at temporary lines that have not been down with
thermoplastic. That is a requirement. So when the project is complete, you will see a unified topcoat of
asphalt and thermoplastic.
COMMISSIONER CARON: What's the approximate timing on that?
MR. GREEN: I don't know.
COMMISSIONER CARON: Will anything that's going to happen at the Germain site, in this case
it would be the Lexus site, will any of that afTect when and how soon that will be accomplished?
MR. GREEN: It won't. The additional lanes and pavement work have been done as far as
reconstruction. It's completion. It's, like I said, the final lift of asphalt and the striping and the signal timing
and intelligent transportation management happens now.
COMMISSIONER CARON: Okay, thank you.
CHAIRMAN STRAIN: Are thcre any other questions of anybody at this point?
(No response.)
CHAIRMAN STRAIN: Good. We'll close the public hearing and discuss our motion. Not make a
motion, but discuss it. Becausc this particular project has a lot of stipulations with it.
I have at least a list of 13, but 1'1\ again defer to anybody else who wants to start the conversation.
Ms. Caron, did you --
COMMISSIONER CARON: No, you can start down your list, I'll just check off as I go along.
COMMISSIONER MURRA Y: I have one question. Do you wish to takc this into evidence?
CHAIRMAN STRAIN: I was going to enter it into the record through a stipulation.
COMMISSIONER MURRAY: Fine for me, just reminding.
CHAIRMAN STRAIN: Appreciate it, sir.
Okay, I'll read them off for discussion. And then if anybody needs clarification or whatever, we can
take it from there.
Let's go back to the beginning. The first one is the setback on U.S. 41 will remain 75 feet.
There'll be a fence placed around the water management site for the Lexus dealership that goes into
the residential zoning behind it.
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On Exhibit B -- go ahead, Ms. Caron.
COMMISSIONER CARON: I think it was a fence and landscaping for that water management
area.
CHAIRMAN STRAIN: Okay. And when we get done, I'm going to ask the applicant if they agree
with everything. So if you have any concerns as we move forward, Bob, please state so.
Number three, on Exhibit B, the word leasable in the last line will change to enclosed. And it's on
the development standards table.
Number four, a wall will be erected at eight feet in height, architectural of concrete or masonry, as
we discussed within the north part of the property to the eastern side of the preserve on the western side of
the property. And that goes all the way from the northern property line to the 200-foot radius to the south
where that 200-foot radius stops on the site plan.
At the consent agenda, the applicant will bring a cross-section of how that western buffer preserve
wall, how that whole scenario will look like in the back of this property to be entered into the _Jas part of
the stipulation as a member of the record at that time.
Exhibit B, the development standards table regarding the] O-foot accessory setbacks for preserves,
we'll modifY the PUD reference to the preserve areas to coincide with the correct location on whatever the
actual size of the preserve becomes.
If it's still 1.9, fine, Bob, we need to leave it that way. But also it only references the southwestern
comer, we know it's not there so, you need to clarifY the language.
There was a series of new stipulations handed out for transportation. Items one through three in an
e-mail from Susan Mason dated August 21st. They'll all be accepted with the exception of the last one
which has some additional language and will read: All existing interconnections on both the north and
south PUD boundaries shall be maintained in perpetuity except a~ may be relocated or altered with
approval of the Collier County Transportation Department.
Number eight under their regular stipulations, Exhibit B, there will be no building within 200 feet
of existing residentially-zoned property. That's to correct the reference of200 feet that's referenced in the
development standards table where it simply says abutting residential. That language will replace that.
Also in Exhibit B, the zoned height will be 50 feet and the actual height will be 60 feet.
Number 10, the vehicle loading and unloading will be -- all vehicle loading and unloading will
done on-site. And that is in reference to the car carriers being oft1oaded on the streets.
Number II, Table One, Exhibit B, there will be a footnote in regards to the la-foot accessory
added. It will say: except an eight-foot wall be erected along the eastern preserve boundary adjacent to the
residential zoning, and the existing vehicle use areas may remain in place where against preserves those
existing vehicle use areas shall be curbed.
And that I think gets us everything.
COMMISSIONER MURRAY: You say may?
CHAIRMAN STRAIN: Oh, it shall be erected, I'm sorry, the eight-foot wall shall be erected.
MR. MULHERE: On that one, Mr. Strain, the way you read it, it was adjacent to the residential,
but we agreed to extend it 200 feet beyond there.
CHAIRMAN STRAIN: And I said that earlier, but you're right. It will be -- extend wall to a
200-foot distance line along the western project --
MR. MULHERE: Beyond the RMF-6, southernmost RMF-6.
CHAIRMAN STRAIN: As I think I clarified that further on in my first one.
MR. MULHERE: You did.
CHAIRMAN STRAIN: Now, does anybody see anything else that needs to be adjusted, modified.
Ms. Caron?
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COMMISSIONER CARON: Well, I think that Mr. Wolfley had asked about sidewalks. I don't
know where we ended up on that.
COMMISSIONER WOLFLEY: That would come in on the SDP, I believe.
CHAIRMAN STRAIN: Let's finish this conversation first, Mr. Murray.
Sidewalks will be handled on SDP and will be either sidewalks or in lieu oflike it's usually done, I
would assume.
MR. MULHERE: Correct. They're required.
CHAIRMAN STRAIN: Okay, Mr. Murray?
COMMISSIONER MURRAY: I don't want to be gilding the lily, that's not my intent here or
questioning. But I thought Mr. Fee raised a decent question relative to chirps and so forth.
Is it even feasible, logical to put some kind of a sOWld attenuation at the top of that building in the
back so that those vehicles, when the driver goes up there or the salesman goes up there and he's trying to
find it, that it can reduce that noise? Because I think from that height that sound travels.
MR. MULHERE: Well, two things I would say. We didn't add but we need to add that there shall
be no -- I'm trying to think of the word. In terms of the sOWld, we didn't add that -- I didn't hear you add that
stipulation --
CHAIRMAN STRAIN: Well, the PUD already says you're not to have any loudspeakers or--
MR. MULHERE: We need to add it to this one, too.
CHAIRMAN STRAIN: It's in this one.
MR. MULHERE: Okay. I just wanted -- okay. I don't know how you're going to -- I mean, if
someone's abusing that system, I see that that could be annoying, but to simply locate something with a
rather quick, you know --
COMMISSIONER MURRAY: I appreciate that. The purpose of the roof parking is additional
storage or is it access for sales or -- usually sales would be at groWld level, no?
MR. MULHERE: It's for employee and inventory parking. So the only time that's going to occur is
if they have to move down the vehicle to the display area.
COMMISSIONER MURRAY: That should be rare by comparison. Thank you.
COMMISSIONER SCHIFFER: Mr. Chair?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: And Bob, for comfort, any part of a parking garage above the first
story is under the architectural standards, so there's quite a bit of treatment that they'd have to do.
MR. MULHERE: Yes.
CHAIRMAN STRAIN: Okay, are there any -- Ms. Caron?
COMMISSIONER CARON: I think I only had one other and that was we talked about the trash
receptacles and moving those away from residential.
MR. MULHERE: Now -- and I don't disagree with you at all. I'm just raising an issue. Now that
we're going to have an eight-foot high wall that's going to extend from the property line to 200 foot beyond
the residential, they really wouldn't be able to see anything on the other side of that wall. I mean, honestly.
And I know there's odors and other things. And I don't disagree to moving it back a little bit, but
can we assume like a minimum of 50 feet or something from the preserve boundary?
COMMISSIONER CARON: Sure. Because the deal is again, it's noise and odor, not sightline,
obviously.
MR. MULHERE: I agree.
CHAIRMAN STRAIN: What is the resolution to this issue?
MR. MULHERE: I would suggest that we say the trash enclosures shall be located a minimum of
50 feet from the preservation boundary -- from the residential -- excuse me, the preservation adjacent to the
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,~
residential zoning.
CHAlRMAN STRAIN: Okay, but Bob, if you know that's an issue, why would you want to put
them in that 200-foot area to begin with? Why don't you just move them somewhere where --
MR. MULHERE: Well, we probably could do that, yeah. We can find a place. We're going
through a site development plan process, we have plenty of room on the site to locate it. I'm fine with that.
CHAIRMAN STRAIN: Another stipulation would be that trash receptacles will be restricted from
the 200- foot radius limitation.
MR. MULHERE: Adjacent to residential.
CHAIRMAN STRAIN: You're right. Radius limitation adjacent to residential.
Okay, all those stipulations have been read into the record. Anybody have any comments?
(No response.)
CHAIRMAN STRAIN: None.
Does the applicant accept those stipulations?
MR. MULHERE: Yeah, that's a very good point. On the Lexus site, the fence and then some
landscaping, we didn't really discuss landscaping, but it was suggested. And I don't think we object to that.
But we don't want to get into a discussion of what is meant by that as we move forward.
Maybe what we ought to do it is provide a cross-section to you for that as well for your
consideration when we come back so that we don't have any on -- it's going it be a hedgerow and maybe a
tree every 30 feet, that's typically what's required.
CHAIRMAN STRAIN: Okay, so when you come back in for the consent agenda, you'll bring a
cross-section of the fence and issues and locations on the Lexus property as well.
MR. MULHERE: On the ofT-site water management facility, right.
CHAIRMAN STRAIN: Now, by for off-site water management --
MR. MULHERE: Dominick's really appreciating all this work.
CHAIRMAN STRAIN: For oft~site water management facility, you're talking about the piece that's
sandwiched in between the residential.
MR. MULHERE: Yes.
CHAIRMAN STRAIN: Fine, that works.
Now, does the --
MS. MASON: Excuse me, sorry to interrupt again, Susan for the record.
I just wanted to clarify for that portion that both landscape buffer and preserve, they can't have the
trees every 30 feet a line of shrubs, it's got to be staggered and planted in a natural manner versus --
MR. MULHERE: We're not talking about that, we're talking about a different site.
MS. MASON: Okay.
CHAIRMAN STRAIN: And Bob, how a 53-foot qualifies as a preserve is beyond my
bewilderment. And how we can not want to make it a better landscape buffer is even more bewildering.
But, so be it.
MR. MULHERE: We can do that with native vegetation, though, we can make it a better preserve.
CHAIRMAN STRAIN: Well, we ought to make it better for ways around, especially for people
that live behind it.
MR. MULHERE: I agree.
CHAIRMAN STRAIN: That's more of a priority.
Okay, with those stipulations on the record, does the applicant accept the stipulations?
MR. MULHERE: Yes, sir.
CHAIRMAN STRAIN: Okay. Are there any clarifications needed for staff as to what those
stipulations are, so when this comes back on consent we understand what they are?
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August 21, 2008
MS. ZONE: Thank you for asking. As I was writing very quickly, I did not catch the second one
which had to do with the fence and the landscaping.
CHAIRMAN STRAIN: There will be a fence and landscaping around the water management site
to the rear of the Lexus property that is sandwiched between the residential lots. And that particular site
will also be brought back to us in the form of a cross-section to show us exactly what's going in there.
MS. ZONE: Right, that's with number five. Very good.
CHAIRMAN STRAIN: Whatever number it is, yeah. Okay?
MS. ZONE: Yes.
CHAIRMAN STRAIN: Everybody settled? Is there a motion to recommend approval subject to
the stipulations that we've just discussed?
COMMISSIONER SCHIFFER: I'll make it.
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Mr. Schiffer made the motion, seconded by Mr. Vigliotti.
Is there any discussion?
(No response.)
CHAIRMAN STRAIN: Hearing none, all those in favor of the motion, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
MR. MULHERE: Thank you.
CHAIRMAN STRAIN: Okay, thank you.
And that wraps up today's meeting.
Make sure we don't have any new business? Nothing on the agenda? Is there any old business?
Any public comment?
(No response.)
Item #14
ADJOURN
CHAIRMAN STRAIN: With that, is there a motion to adjourn?
COMMISSIONER WOLFLEY: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner Wolfley, seconded by--
COMMISSIONER VIGLIOTTI: (Indicates.)
CHAIRMAN STRAIN: Mr. Vigliotti. All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER WOLFLEY: Aye.
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COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Nobody opposed, I hope. Motion carries 8-0. We're out ofhere.
*****
There being no further business for the good of the County, the meeting was adjourned by order of the
Chair at 12:45p.m.
These minutes approved by the Board on
corrected
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tv~ _ I lA-1S, as presented
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or as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY
CHERIE' NOTTINGHAM
Page 66
16 I lA 6
August 28, 2008
Fiala
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TRANSCRIPT OF THE MEETING OF THE
OLLIER COUNTY PLANNING COMMISSION
CYCLEILDC
Naples, Florida August 28, 2008
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LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County
of Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in
Building "F" of the Government Complex, East Naples, Florida, with the following members present:
CHAIRMAN: Mark Strain
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
David .1. Wolfley (Absent)
ALSO PRESENT:
Jeffrey Klatzkow, County Attorney
Joseph Schmitt, Community Development and Environmental Services
Catherine Fabacher, LDC Coordinator
Misc. Correa:
Dale:
Page 1
Item':
Copies to:
-"....
16 1'1~'~
August 28, 2008
!
CHAIRMAN STRAIN: Good morning, everyone. Welcome to the August 28th meeting of the
Collier County Planning Commission. It is the continuation of the Land Development Code Cycle 1 for
2008.
If you'll all please rise for Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: And if the secretary will please do the roll call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: I'm here.
COMMISSIONER CARON: Mr. Midney?
COMMISSIONER MIDNEY: Here.
COMMISSIONER CARON: Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: And Mr. Wolfley is absent.
CHAIRMAN STRAIN: Thank you.
Item #3
PLANNING COMMSSION ABSENCES
Planning Commission absences for tomorrow. We have another meeting on the GMP adoptions
tomorrow starting at 8:30.
COMMISSIONER MIDNEY: I won't be here.
COMMISSIONER SCHIFFER: I will not be here.
CHAIRMAN STRAIN: Mr. Midney won't be here. Mr. Schiffer won't be here.
Tor, are you planning to --
COMMISSIONER KOLFLA T: No, I will not.
CHAIRMAN STRAIN: You will not be here?
COMMISSIONER KOLFLAT: No.
CHAIRMAN STRAIN: One, two -- we have a problem.
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August 28, 2008
COMMISSIONER CARON: Because I'm not sure about Mr. Wolfley either. He said just today, but
CHAIRMAN STRAIN: I know, yeah. We have -- tomorrow appears to be a problem. We have three
commissioners that won't be here after all. We thought we'd have all but one. So now Mr. Wolfley is going
to be the key.
So can someone try to reach him today and make sure before the meeting's over today that he's
going to be here tomorrow? Otherwise, we don't have a meeting tomorrow.
MR. SCHMITT: The note I of course got yesterday was he would not be at today's meeting.
CHAIRMAN STRAIN: Right, I understand--
MR. SCHMITT: I don't know about tomorrow. We'll find out. And ifhe's not here tomorrow then of
course we don't have a quorum.
CHAIRMAN STRAIN: Right. Last week when I'd asked, I know Brad wasn't going to be here --
COMMISSIONER SCHIFFER: Mine's new that I can't be here but -- and I could be here a couple
hours in the morning if I had to. So if Mr. Wolfley has a problem early morning, we can maybe cover cach
other.
CHAIRMAN STRAIN: We'll have to see how that pans out as the day goes on. We had all these
plans figured out and something disrupted them.
We havc a couple of changes to today's agenda. We have an addition -- I shouldn't say it's an
addition, it was passed out to us at last meeting of the Cycle I and it just didn't find its way into the list. And
that is the streetlights, Page III. We will review those today.
And also, nwnber two on today's agenda, Page 91, is one written by Bob Mulhere. He is going to be
running a little late this morning, so if he isn't here by the time that one comes up, we'll move on to the ones
after that and then go back to that one when he gets herc.
And the other thing I would like to announce to everybody who is wanting to speak on issues today,
we will not be using the little tickets that you're asked to fill out to speak. I'll simply at the end of evcry one
ofthese items, I will ask if members ofthe public want to speak. If you do, please raise your hand, and one at
a time will come to the mic., you'll state your name, be rccognized, we'll go from there. So that way
everybody will get to speak on every issue if they want to and we haven't got to keep track ofthose little
cards.
And I also ask that staff members involved in any ofthe EAR criteria today, LDC amendments as
the result of an EAR issue, please, on the overhead projector, whilc you're doing your presentation, if you
have it available, put the paragraph related in the EAR that you believe the issue relates to so we can see it
while you're talking, and that will help us understand the interpretation better. At least I hope it will. So that's
-- we can just keep that in the background.
Other than that, we'll move right into the meeting.
Item #4
ADVERTISED PUBLIC HEARINGS -- LDC CYCLE I
The first item on today's meeting is 4.07.02, G, design requirements PUD's for neighborhood parks.
Michael DeRuntz.
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&'Ugust 28, 2008
MR. DeRUNTZ: Page 33 of your books.
CHAIRMAN STRAIN: Paul's the guy with the short hair; Brad's the guy with the long hair.
MR. SCHMITT: I think -- and we lost Paul's name tag. I think he took it home with him, has it on
his desk somewhere.
COMMISSIONER CARON: Yeah.
MS. ISTENES: They're all on order, the missing ones.
COMMISSIONER VIGLIOTTI: Did you ever find David Wolfley's?
MS. ISTENES: No.
MR. SCHMITT: We don't know what happened to it.
CHAIRMAN STRAIN: Could you make that a little larger.
MR. SCHMITT: Just for the record, so folks know, these are LDC amendments that you are hearing
for the first time. We're going to go through this list. This will complete the first hearing.
Then we're going to go back and hit the ones that you had comments on. There are four LDC
amendments we will be handing out today, which are still being worked on, they're changes from the DSAC
and from the EAC. We'll be handing those out and we will continue this hearing, and we'll talk about that at
the end of the meeting, to a date to be detennined. And we can discuss that at the end of the meeting.
So we'll have to make some decisions on how we're going to treat ones that come back that we deal
with today, ones that we don't finish today and then of course the four that we're going to be handing out that
you'll be hearing for the first time that we will certainly want to allow a I 5-day increment for folks to deal
with those LDC amendments.
CHAIRMAN STRAIN: I understand. Thank you, sir.
Okay, Michael, it's all yours.
MR. DeRUNTZ: Mike DeRuntz, Principal Planner with the Department of Comprehensive
Planning.
During the 2004 EAR-based amendments, the Growth Management Plan Section or Policy 2.12 was
proposed to be amended. This amendment is the -- meeting that need.
And in -- as you can see on the visualizer there, that the neighborhood park was identified under
Policy 2.12. It is stricken here. And it was proposed that the county shall amend the Land Development Code
as required -- to require the developer of a residential PUD or a PUD having a residential component to
provide its residential and -- residents and guests with a suitable neighborhood park, as determined on a
case-by-case basis, which is as required by Policy 5.4 of the Future Land Use Element, compatible with the
surrounding development.
This has been through the review by DSAC, and they were not recommending approval of this. And
they felt that it was onerous for the developer, that they have been providing adequate park area. But this is,
as mentioned earlier, an outcome ofthe EAR-based amendment that was approved previously in 2006.
And Barry Williams with the Park Department would like to further explain this.
CHAIRMAN STRAIN: Okay, thank you.
MR. WILLIAMS: Commissioners, good morning. For the record, Barry Williams, Parks and
Recreation Director. And certainly I'll do my best to explain. I just wanted to say I appreciate the opportunity
to come before you and talk to this issue.
We do have a couple of staff members with us today that we wanted to give you some more
information than what you have. And we have with us Murdo Smith. Murdo has been with our department
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August 28, 2008
for approximately 30 years and been involved in the development of our park system in Collier County, has
a lot of the historical perspective.
We also have Amanda Townsend. And Amanda, as you know, wears many hats with the county
currently. But one of the hats that she continues to wear is our park planner. And so with that, ifl may, ifl
could j ust introduce Amanda and ask her to go over the presentation, and certainly am available to answer
any questions you might have about this proposal and consideration for it.
So ifI may, just -- Amanda?
MS. TOWNSEND: Good morning, Commissioners. Amanda Townsend with Public Services
Division.
The EAR -based amendment that we discussed back in October of 2006 was -- something that was
introduced, language that was introduced into the rccreation and open space element at the request of the
smart growth committee, as were several changes to the ROSE at that time.
The -- basically the smart growth committee recommended a series of changes to the recreation and
open space element that defined a park system in thrce categories: Neighborhood, community and regional
park. This EAR-based amendment to the LDC is a ret1ection of the change to the Growth Management Plan
that Mike ran through f()r you.
I think that what we've come up with here is a ret1ection of what we talked about in October of2006.
We talked about when a neighborhood park would be required. We talked about proximity to other -- open to
the public recreation areas. We talked about the crossing of arterial roads. We talked about a dwelling unit
threshold.
So I believe that the language that you see proposed as an LDC amendment ret1ects all those
conversations that we had two years ago. And I'm happy to answer any ofthe questions, if you have any.
CHAIRMAN STRAIN: Are thcre questions of any member of staff at this point?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Amanda, I have two problems with this: One, we're asking the
builders and developers to put parks in. 'Ibcy pay impact fees to the county, Parks and Rec's share in that.
That's one problem I have similar to the sidewalks. They pay for sidewalks and roads and then we make
them put sidewalks in. I have a real problem with that, especially in today's economic times.
Also, it says as detcrmined on a case-by-case basis. Who determines that and how can that fairly be
done?
MS. TOWNSEND: To answer your --to address your first issue of impact fees, again, the park
system within the recreation and open space element and the way that the impact fees are administrated, the
way we look at things in the AUIR is a three-tiered system: Regional parks, community parks and
neighborhood parks.
Impact fees are assessed on regional parks and community parks. Impact fees are not assessed on
neighborhood parks. Neighborhood parks are not accounted for otherwise in the Growth Management Plan.
We do not inventory them in the AUIR. So they're sort ofa completely separate category from regional and
community, which yes, impact fees are paid on those but not on neighborhood parks.
COMMISSIONER VIGLIOTTI: That's a choice you decided to make when you created the system?
MS. TOWNSEND: Yes, that originates back with the very first Growth Management Plan, that we
have a Growth Management Plan requirement and a CIE requirement on regional and community parks, not
on neighborhood parks.
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August 28, 2008
COMMISSIONER VIGLIOTTI: As far as the case-by-case basis?
MS. TOWNSEND: As far as the case-by-case basis goes, the language in the EAR, the new
language in the Growth Management Plan says that the developer will be required to provide a suitable
neighborhood park as determined on a case-by-case basis.
It was my interpretation ofthat language that what was determined on a case-by-case basis was the
suitability ofthe park. That is to say, what sort of elements should the park include, where should it be
located, how big should it be, et cetera.
That has translated into the LDC amendment to -- let me find my place here -- to the sort of -- okay,
here we are, I'm sorry. Provide its residents and guests with an appropriate neighborhood park as determined
by the case-by-case basis.
I am also confused, I must admit, as to whether that now reJers to the suitability or the requirement
to provide.
COMMISSIONER VIGLIOTTI: So it doesn't make sense to you.
MS. TOWNSEND: To me the spirit of it is to reflect what is in the GMP, and that is to say that
again it's the suitability that is determined on a case-by-case basis.
And farther down in the proposed amendment you have language that says, in making these
determinations the Bee will take into consideration, and there's that long laundry list, again, the things that
we've talked about when we approved that EAR language two years ago.
COMMISSIONER VIGLlOrrI: So at this point the interpretation is totally unknown by standards.
MS. TOWNSEND: The language should be cleared up. I'm more than happy to listen to feedback
from the commission on how we might do that.
COMMISSIONER VIGLlOTrI: Thank you.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Well, the way I read it right now, it says the Bee decides. But that
seems like it's something that you don't want to have to take to such a high level.
MS. TOWNSEND: I would agree. Firmer language that gave -- that would help guide the Bee by
allowing staff to make more definitive determinations would improve the amendment.
MR. SCHMITT: For clarification, if it's a PUD it's going before the board on a rezoning action. It
would be part of the rezoning petition, either identified by staff in the presentation both to the Planning
Commission and to the board as part of a stipulation and approval of the PUD.
So it would be defined and it would be addressed at that time during the public hearing process.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: I'd just like to add that I think that the need Jor these little
neighborhood parks reflects changes in the pattern of residential development, where a PUD is more or less a
self-contained development.
It used to be each house would have a house per acre ofland and children would have more
opportunity to play. But since the population is more and more concentrated, I think that there's a need for
parks where children can go in a walkable or at least a bikeable distance, instead of having to have their
parents drive them, you know, several miles to get to a park.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
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August 28, 2008
COMMISSIONER MURRAY: I'm just -- on Page 35 under H, I'm just having a problem
understanding appropriate neighborhood park. I recognize the intent, providing an appropriate neighborhood
park.
It's kind of ditlicult, no matter what we do with this, because what's appropriate, you know? Was it
passive in one situation or is it for little tots? And if we designed it for elderly people, sometime in the future
maybe you're going to change the population. What happens then?
It's like a spin-off, isn't it? I mean, you don't have control over the neighborhood parks once they're
initiated, do you?
MS. TOWNSEND: No, generally speaking. We have had -- we've had several different instances in
the past several years. We've attempted to retrofit neighborhood parks into existing neighborhoods. That has
met only limited success.
We have had developer commitments for public parks within PUD's. That has had extremely limited
success.
It appears that the best method for achieving neighborhood parks within residential PUD's is when
the developer initiates that themselves and also then either the developer or the homeowners association
asswnes full responsibility.
COMMISSIONER MURRAY: Ba~ed on their plans, and I understand that.
One of the things I recall in earlier conversation regarding this matter is we were speaking about
how the neighborhood parks are counted relative to amenities. And an example of a bocce court was used
and so forth.
And so that comes down to the question of appropriateness. In other words, in a given area there
may not be a bocce court in a public park, so in a neighborhood park we're going to put a bocce court;
however, that park is not available to the citizens.
And so again, I come back to the question of an appropriate neighborhood park. From my thoughts,
while I understand its intent, I don't think it captures yet what it is we really want to do. But that's just me.
MS. TOWNSEND: Commissioner, if I may, are you suggesting that the language be more specific
to spell out exactly what appropriate is?
COMMISSIONER MURRAY: I would like to think we could make it more specific. I'm not sure it
can be. I think it may be going through a needle's eye, okay. But I realize the problem, I think.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTf: Commissioner Midney, I agree with you totally. The only problem
is the builder/developer now has to do this in addition to any other course. He's not getting any credit; he's
paying into Parks and Rec. And it sounds good that we can ask the builders and developers to do this kind of
thing, but now it just raised the prices of housing and costs and it's all going to get passed on to the conswner.
I like the idea of parks within a PUD, but the builder should get some kind of credit for it.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER SCHIFFER: Yeah,l do, Mark.
CHAIRMAN STRAIN: Mr. Schiffer'?
COMMISSIONER SCHIFFER: And it's on Page 36, the paragraph development. It states in there
that the commissioners could require playground equipment. And then the second sentence says, the BCC
may require such equipment to meet certain standards.
Shouldn't we say that if the equipment's required it should meet those standards?
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MS. TOWNSEND: Most definitely.
COMMISSIONER SCHIFFER: Okay, rather than the option.
COMMISSIONER MURRAY: Yeah.
COMMISSIONER SCHIFFER: And then the other question is I kind of wonder if we should do a
reference to the Fair Housing Act. I know that would go without saying, but I think it would be a good idea
to, you know, remind these people that if they do a development in a residential thing, especially if it's
multi-family or anything other than single, they're going to have to require, you know, Fair Housing
requirements, accessibility and stuff.
So the thought maybe a sentence in there that says it should be compliant with the Fair Housing Act.
That way we can always count that. Thank you.
MR. SCHMITT: Brad, that would be -- it's part of the SDP process. 'lbat's a mandatory review for
accessibility and ADA accessibility. Parking and all those other kind of things are inherent in part of the
review process. We could put that in there.
COMMISSIONER SCHIFFER: But it goes without saying, it would definitely be covered, but --
MR. SCHMITT: Yes, it has to be.
COMMISSIONER SCHIFFER: I just think as a remindcr to start. Because what that does is if you
do bring a park, you bring requirements that the development didn't have before.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, my question is actually for the county attorney.
On Page 36, the last line reads, the BCC may, at its discretion, provide appropriate compensation to
the PUD applicant for provision of the ncighborhood park. Such compensation may include impact fee
credits for community and/or regional parks.
That language passes muster with you?
MR. KLA TZKOW: I don't know if it's necessary, but yes, it passes muster with me.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Amanda, if a development has a recreational center in it for the residents,
would they still need to abide by this?
MS. TOWNSEND: When you say recreational center, you mean like a meeting facility, an indoor
facility?
CHAIRMAN STRAIN: No, rec. centers -- all club -- in fact, I don't know of a PUD that's not come
before us that didn't have a -- some kind of center wherc the community could mect. But they also have
swimming pools, some have tennis courts, some have playgrounds, some have all kinds of variety ofthings
for the residents. Some are even connected to golf courses.
Are you not counting those in regards to this issue?
MS. TOWNSEND: I think what we would do is we would consider the -- we would be looking for
an open green space and a playground a'i part of that complex.
CHAIRMAN STRAIN: Okay. But it says suitable neighborhood park. It doesn't say it has to have a
playground. And in a lot of developments the playground need may not be what someone in staff may feel it
needs to be.
The market conditions generally dictate that a dcvclopcr will put in what he feels his market profile
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needs in order to get people to buy there.
What is so broken that we have to institute a kid's playground for the age's two to 12 in a park when
we have recreation facilities? And I know plenty of communities where if you go to them the kids are
enjoying the pools and everything else, they're not out in some distant park with some plastic parts in it.
I'm just wondering why that all of a sudden is a necessity.
MS. TOWNSEND: Well, we certainly wouldn't encourage the park to be distant either. The idea is
that this serves the exact same purpose of the other types of amenities that you are talking about.
And there's almost -- there's almost no difference. I'm seeing them all as part of whatever
recreational suite of amenities the developer would provide within the PUD.
CHAIRMAN STRAIN: Well, if you've got a recreation center in a development, in a PUD, as this is
aiming for, and especially the larger ones that it seems to be aiming for, the pcople and the parents that take
their kids to the parks more than likely will go to the one that has more conveniences for them, like a place to
get out of the heat once in a while, like where they have chairs, decks and pools, where they have things they
can sit around and do while the kids play.
I don't see a small park sitting somewhere with some plastic gear in it that attractive for the parents
when they've got thc alternative that they'll use. And so in the end what we may be doing is creating a huge
additional cost that really doesn't get its impact from the peoplc.
And I also understand it's not going to be counted in the AUIR. And I know because I heard you say
you only count community and regional. That's a grcat technicality, but you're not going to lower your level
of services either, are you, for community and regional?
So that means that everybody that has the benefit of these parks, the public doesn't get the benefit in
the sense of reduced tax dollars by level of service standards that you're still going to insist on because you
qualifY everything as a regional or community need. So in essence we're double dipping but we're doing it
technically legal.
I just don't see the interpretation that you've come up with in regards to this issue coming from what
we intended in these policies that you're citing here.
In fact, also it says if it is to be provided, it's for residents and guests and it's a suitable park. And I
see language in here that the BCC will weigh their judgment on whether or not these are required on if
they're open to the public. Where does that have anything to do with the intention of Policy 2.12?
MS. TOWNSEND: That was a very long question. Can you --
CHAIRMAN STRAIN: Okay. Where in 2.12 does it say it shall be open to the public and that's a
reason for criteria from which the case-by-case basis determination should be made by the BCC?
MS. TOWNSEND: 2.12 does say residents and guests.
CHAIRMAN STRAIN: Right.
MS. TOWNSEND: Would not the BCC look favorably upon a developer who magnanimously
opened that park to the general public?
CHAIRMAN STRAIN: There will not be a magnanimously (sic) developer doing that unless staff
tells him they're not going to move their processes through until you agree to do a donation, just like the
utility department's doing to everybody.
So no, I don't think that's even a logical or rcalistic conclusion to come to. I think that this whole
intent of Policy 2.12 has becn misconstrued by what you've done hcre.
When I voted on that, I voted on the idea that every development should have some kind of
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recreational facilities for their residents. I don't know one since I've been on this panel that hasn't come
forward with something for the residents.
You've twisted that around to make it look like it's an addition to the residents. And even ifit is,
which the consumcr ends up paying for, the residents got to maintain, someone's got to have insurance on
that property in perpetuity.
Now all of a sudden it becomes an additional burden on those taxpayers, and plus, the taxpayers of
the county wouldn't even get the benefit from it from the additional recreation facilities that theoretically
should be reduced in the level of service or the AUIR demands.
So this whole thing is out of whack from my concern, my opinion. You don't have to defend that,
you don't have to respond to it, because it's a long question, I understand. But it's just very frustrating to see
this come through with this interpretation to it and no offset to the benefit of either the taxpayers or the
developer through either impact fees on their side or level of service reductions on the taxpayers' sidc.
So I'm not in favor of this as it's written, and that's all I've got to say on the matter, so -- Mr. Midney?
COMMISSIONER MIDNEY: I'm sorry to respond again, but I think that -- I mean, hopefully
developers already are doing something like this for the people in their PUD's. But with -- I'm not sure that
the needs of the children are being met at the present time.
We have a huge increa~e in childhood obesity, and I think that it's something that could be
overlooked when people are planning developments.
But I do agree with you that if there is some sort of a requirement for this, that it should be onset by
reduction in impact fees in other areas.
CHAIRMAN STRAIN: Paul, I agree with you wholeheartedly on your statement that we need
something in these developments. Every development that's come through, we've actually reviewed it to
make sure there were things like this in it. Most all of them -- I don't know one that hasn't offered it.
I think that if there was any time that one didn't, it would have been pointed out either by us or staff.
So we still have that opportunity. We still have the opportunity during the process, if we don't see any
recrcational facilities there, to ask the developer wouldn't they want to put one in, without instituting one in a
document like this that becomes so wide, so overpowering that we lose control in of it in the manner we have
now and it becomes another one of thosc donations that's extracted through the process that I've been
wholeheartedly against for quite some time now.
So anyway, that's my reasoning on it. I don't know if anybody else wants to comment before we go
to public speakers.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, Mark, maybe one thing we do is that -- just to meet the intent
of the Growth Management Plan, is we allow them to put in the definition, we allow them to put in H. But!
would change the word providing a suitable to match the GMP instead of appropriate. And then we kill five
entirely. We've essentially done what the GMP asked.
CHAIRMAN STRAIN: Brad, that's a very good comment. That covers the need that Mr. Midney
was talking about in the sense that we've got then the ability to request the park be put in. We can review the
size of it, and that can happen through the case-by-case process as it goes through the boards, and all of a
sudden it doesn't become so much of an exaction by staff.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: Mr. Klatzkow?
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August 28, 2008
MR. KLATZKOW: Yeah, my only question to the board as a matter of public policy is that the way
this LOC provision is written, and I don't mean this as a criticism, just as a comment, is that it kicks in at 250
dwelling units.
If you look at the GMP amendment, however, the GMP amendment would seem to encompass all
residential PUO's or all PUO's that have a residential component. And from a public policy standpoint, I
don't know if this board wants to limit it to 250 units or more or to require it to be for everybody.
CHAIRMAN STRAIN: Mr. Schiffer's suggestion just to drop five completcly and just put in the
same language that's in the GMP I think is a very good suggestion. It does seem to make it a lot more
palatable and it can be brought out through the rezoning process as we develop.
So thank you, Mr. Klatzkow, that's a point.
Any other comments before we go to public speakers?
Okay, Mr. Sclunitt?
MR. SCHMITT: Can I otler a suggestion as well, that suitable and you insert words possibly in the
LOC recreational facilities and/or neighborhood park. Because your statement, you seem to want to include
other -- you want to make sure that other recreational facilities are inclusive of the evaluation, such as tennis
courts or other type of things. Do you want to do that, or no?
CHAIRMAN STRAIN: Well, I think that's a good idea. Ms. Caron, though, obviously doesn't.
COMMISSIONER CARON: Well, I'mjust saying, it doesn't go along with the GMP. And if we're
trying to mirror the language in the GMP, that's not what the GMP says.
MR. SCHMITT: I disagree. It does certainly comply with the GMP. The GMP is guidance. All
we're doing in the LOC is narrowing it down. You can certainly do that.
CHAIRMAN STRAIN: It might go back -- when this wa~ introduced, a neighborhood park is
thought of as a recreational area. And if tennis is a recreational area and we can accomplish tennis courts and
other things because the community is more geared towards that and the residents and marketing ability of
the people that potentially move there are looking for that, haven't we accomplished the same thing, Mr.
Schmitt?
MR. SCHMITT: I believe the intent of this was because there was no mechanism, how do I want to
say, during the AUIR process to somehow allow and recognize that the recreational facilities that are being
provided within developments as meeting the needs of the residents.
Now, certainly we need ball parks, we may need soccer fields, those kinds of things. But ccrtainly
other communities are providing amenities that are meeting the needs of thc rcsidents. And I think we need
to make sure we capture that, whether it's a golf course, I don't know, maybe u but if you're looking at tennis
courts, if you're looking at basketball courts or you're looking at, you know, whatever, bocce courts or
whatever you're looking at, shuffle boards, you're meeting the needs of the residents through providing
recreational facilities.
CHAIRMAN STRAIN: I think the objection to the GMP and everything was exactly as Mr. Midney
has said, that every project needs to have something in it to address the recreational ability or necds and
desires of the public that it scrves. I think that's still a very good idea.
And I think to accomplish that, rathcr than get into all this languagc in five, just simply say that's
what each PUO coming forward will have, then we will make sure it has that. And I think that's a very
positive way to resolve it.
Ms. Caron, then Mr. Schiffer.
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COMMISSIONER CARON: So Mr. Schmitt, you would like to say what in H, providing a suitable
recreation and/or?
MR. SCHMITT: Well, either recreation facilities and a neighborhood park or and/or. Because I
think what Mr. Strain was stressing was we want to ensure we look at the other facilities that are being
provided.
CHAIRMAN STRAIN: Absolutely.
MR. SCHMITT: Whether they're pools with slides. I mean, those are recreational facilities.
MS. TOWNSEND: If I may, one concern that the Parks and Recreation Department continually has
is making sure that the recreational needs of children are met. And golf courses and tennis courts rarely meet
the recreational needs of children.
One of the roles of govemment is to make sure that people who can't speak for themselves are
spoken for. And the reason we are so insistent on requesting at this point, because we cannot require, that
residential PUD's provide playgrounds is to meet the needs of the children in that area.
CHAIRMAN STRAIN: Go ahead, Mr. Murray?
COMMISSIONER SCHIFFER: Let me --
CHAIRMAN STRAIN: Oh, I'm sorry, Mr. Schiffer was next, Bob.
Go ahead, Brad.
COMMISSIONER SCHIFFER: I think the reason, though, taking out D is that suitable really leaves
it up to the developer to design. We're saying he has to do something. Because of the fact that in the wording
in five is that the BCC does it essentially at the end of the public hearing process, they're the ones that put the
requirements when it would be better I think when staff looks at it, they think what suitable is, when the
Planning Commission looks at it we discuss suitable. And then the commission has the final suitable say, not
the way this it is really written. That's the time in which it would be determined.
So I think that any developer, it's really up to him to provide what's suitable, which is -- what's
marketable. If we're not taking care of the kids, we'll be watching that through the process.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: If! recall correctly, under the smart growth principles the idea was
that you need to institute neighborhood parks, recreation opportunities because of density and population as
changes over the years, as we do away with sprawl, if that's possible.
And I recall the original concept was that it was going to be kiddie parks, basically. But the long
discussion the last time we had had to do with well, gee, maybe the community is not intended to have
children, what do we do then. And then we got into passive recreation and so forth.
So it's become very circular. And I'm not sure that we're going to get an answer today. But ifthe
intent is to remain with the concept of the smart growth principles, then the idea of providing children's
amenities is probably on target or as close to target as possible.
How you accommodate the need for other recreation and still consider it a neighborhood park is
something that comes down to the definition. And I think that's where the problem lies.
I hope that helps in some way.
CHAIRMAN STRAIN: Are there any of the members of the public who would like to speak on this
issue? If so, just please raise your hand.
(No response.)
CHAIRMAN STRAIN: Okay, I'd like to offer a suggestion that on this particular one under H, the
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language that might work out is that providing a suitable neighborhood park or recreational facility.
And then that -- as that comes through the process, everybody knows they have to do one or both of
those things. And we can have further review of it as it comes before this board.
Mr. Klatzkow?
MR. KLA TZKOW: Your issue still goes back to your GMP, and your GMP is requiring a
neighborhood park. And as Mr. Murray said, your problem is a definition, all right. So simply saying a
neighborhood park or recreational area doesn't cut it. You need to define here what you mean by this
neighborhood park.
CHAIRMAN STRAIN: Okay. Well, if you go over to the definition, park neighborhood means an
area which serves the population of a neighborhood and is generally accessible by bicycle and pedestrian
ways.
Is that -- Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, I just think, Mark, not to do that, because I think they could
put the park next to the recreational area. In other words, somewhere this means that we're going to be
looking for a patch of exterior land, not a recreational building or -- that's going to have something that is a
neighborhood park. And then we can discuss as it comes through the process what's appropriate for that
development.
CHAIRMAN STRAIN: Well, how do we get around the fact that ifthey have a recreational facility
it doesn't meet the intention of being a neighborhood park?
COMMISSIONER SCHIFFER: I think they could -- if they have a recreation facility, they could
easily outline part of the exterior of that as the park area and they could bc, you know, joined. I don't think
they'll have trouble with that. And if they have swimming pools and tennis we're going to obviously consider
that the park.
COMMISSIONER MIDNEY: Maybe just to make it a little bit more specific, instead of saying the
population of a neighborhood, I think the intent is to get to the demographics of the population, meaning
children, ifthere are children there.
If you add the word demographics, that might spcll it out a littlc bit more clcarly that it should be
reflective of the ages that are served.
CHAIRMAN STRAIN: Is this neighborhood park definition used in other places of the code besides
this one spot?
COMMISSIONER MURRAY: Yes, it is.
CHAIRMAN STRAIN: Mr. DeRuntz is nodding his head yes.
MR. DeRUNTZ: Mike DeRuntz.
This definition is not in our code in other areas. It was found in other communities, and it was
borrowed from them. So --
CHAIRMAN STRAIN: So we don't currently have a definition in the code for park neighborhood?
MR. DeRUNTZ: Well, yes, we do. It's what has been stricken.
CHAIRMAN STRAIN: Oh, the one that's been stricken, okay.
MS. ISTENES: I think what he's asking is, is neighborhood park as a term used elsewhere in the
code.
CHAIRMAN STRAIN: Right.
MS. ISTENES: Is that -- do you know, Mike, offhand?
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CHAIRMAN STRAIN: The reason I'm saying, if we change it here for this purpose, does it affect
other parts of the code? That's what I'm trying to get at.
MR. DeRUNTZ: I don't believe so.
CHAIRMAN STRAIN: Okay. So Mr. Midney's suggestion, the definition means a park which
serves the demographics of a neighborhood and is generally accessible by bicycle or pedestrian way. Is that
what you're suggesting?
COMMISSIONER MIDNEY: (Nods.)
CHAIRMAN STRAIN: And Mr. Schiffer's suggestion was to strike five. And then in H, leaving the
statement basically the same except providing a suitable neighborhood park and then period at that point?
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: Now, from staffs perspective, if a development were to come through with
a recreational facility, an area, clubhouse area or whatever, and they were to say within the back of that
clubhouse where their pool is and where their tot lot may be or whatever they have, they would say this is
our neighborhood park area. Is there anything that would prohibit a developer from doing that?
Is there a size issue? Is there a demand that they could be made of through stall's review referencing
the code that would force an unintended consequence that this board is not contemplating at this time?
MR. SCHMITT: I have to turn to Amanda, but nothing from -- that I can think of if they have --I
don't know, a swing set type of jungle gym or whatever you want to call it that meets the standards, ASCM
standards --
CHAIRMAN STRAIN: Well, no, no, that would be -- the suggestion is to strike five completely.
We just leave H in but change the word appropriate to suitable. And under park neighborhood, change the
word population to demographics.
MR. SCHMITT: But you're basically saying size. If it's, say, a 20 by 40 little section, I'm not sure--
MS. TOWNSEND: I think what you're describing, Commissioner Strain, is that the neighborhood
park would be co-located with other recreation amenities. There would still be an open green space and there
would still be a playground for children, and that would be perfectly appropriate.
Mr. Weeks has some suggestions from language -- for some language that would I believe help us
keep the intent of providing amenities for children. And I'll just let him address that.
MR. WEEKS: If you don't mind, Commissioners, David Weeks, of the Comprehensive Planning
Department.
One of the concerns that you've heard Amanda express representing Parks and Rec perspective is
that making sure that if recreational facilities are provided for children, that they meet these standards that are
identified in sub-paragraph five, which you've suggested deleting in its entirety.
And I would like to offer that you not delete it in its entirety but modify it as I'm about to propose.
And so on -- I think it's on Page 48, on the second line of nwnber five, I would suggest deleting the
phrase "and containing at least 250 units" and the comma. And on the third line, "an appropriate" would be
changed to "a suitable."
MR. SCHMITT: What page?
MS. ISTENES: 36, actually.
MR. WEEKS: Oh, I've got an old --
CHAIRMAN STRAIN: David, just out of curiosity, you're in Comprehensive Planning, did you
write this LDC amendment?
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August 28, 2008
MR. WEEKS: I helped with it, yes.
CHAIRMAN STRAIN: Okay. I didn't know you did the LDC stuff.
MR. SCHMITT: Reviewed it for compo plan consistency.
COMMISSIONER SCHIFFER: May I ask a question, Mark?
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER SCHIFFER: Before you go too far, Joe, if somebody was proposing playgroWld
equipment, wouldn't it have to meet these standards anyway by building codes and state codes?
MR. SCHMITT: Yes.
COMMISSIONER SCHIFFER: So we're back to that redundant--
CHAIRMAN STRAIN: And Dave, the word suitable that we've placed in front of the word
neighborhood in H, if it's not meeting those criteria, it may not be considered suitable then, which we could
evaluate as well as the BCC.
So I'm not sure where you're trying to go trying to clean up a paragraph that's riddled with problems.
MR. WEEKS: Well, in light of Joe's comment then, maybe it's not. Because I was trying to get to a
way to keep the specific standards in the LDC.
My concern was that, and I think Amanda's, was that by removing this paragraph five there is no
standard.
COMMISSIONER SCHIFFER: There is.
MR. WEEKS: So the developer comes in and says well, I want to put in a XYZ playground to
whatever standard I choose. And the cOWlty'S trying to say, well, no, we want you to use this standard. And
they say, well, where's it required? And if we have no place to say it's required, then we get into that battle.
But in light of Joe's comment that that -- if that's a given that they're going to have to follow those
requirements, then I'll withdraw my --
MR. SCHMITT: I'm going to turn to Brad, but normally when you buy one of these kits, and they --
the product safety, all the product safety information comes in with the building code or with the building
permit, and those are the standards. Unless he builds something they call a --
MS. TOWNSEND: The issue we're trying to avoid herc is you can go to anyone of your big box
home improvement type stores and purchase a -- and purchase ajWlgle gym climbing apparatus kind of
thing. Those do not meet these standards. We're talking about commercial grade playgroWld equipment. And
the reason for that is simply safety.
CHAIRMAN STRAIN: But see, Wlder the word suitable, when this comes through through a
rezone, as it will, and we review and scrutinize the area that the developer is now calling his park to meet--
and it's co-located is a good term to use as you aptly put, wouldn't then your department bc able to
recommend to this board as part of the PUD requirements that certain standards be assured of? And then
we've got it done without having redWldancy in thc LDC.
MS. TOWNSEND: Well, we currently makc recommendations, but we currently can't make
requirements. And that's sort of my issue.
CHAIRMAN STRAIN: Okay. But if you make a recommendation Wlder the auspices of a suitable
neighborhood park, and part of that suitability is the safcty of the products involved and it's highlighted in the
PUD where it stays there forever, not subject to change like the code is periodically, maybe we'd be better off
doing it that way than trying to put it in the code.
Mr. Schiffer?
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August 28, 2008
COMMISSIONER SCHIFFER: I mean, one thing maybe we should do is research the building
code to see what -- if they could get away with it. I think that under the circwnstances we're talking here,
they would have to provide --
MR. SCHMITT: Well, the building codes don't address specifically how to construct the --
COMMISSIONER SCHIFFER: It might have the same --
MR. SCHMITT: -- facilities. But it will turn to the manufacturer's specifications. And if it's certified
with the manufacturer's specifications, that meets the requirement.
It's also a concern here about liability. Normally an HOA or another entity is going to have to put in
that type of facility in order to reduce the insurance burden that's going to be put on them if they put
something up that doesn't meet acceptable standards.
Are we getting way too much into this? And again, those kinds of specifications can be made at site
development plan review.
COMMISSIONER SCHIFFER: And .Ioe, this thing would have to get a permit --
MR. SCHMITT: Absolutely.
COMMISSIONER SCHIFFER: -- that meets the requirements. In Collier we're pretty tough, Florida
is really tough on n you can't even get walls without permits.
So this thing would be a permitted object. At that time all the standards would be reviewed.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: At this point we've been discussing it for 15 minutes. We can't
seem to come up with any logical conclusions the way it's written. It's an1biguous, we don't know where to
go with it.
I would suggest one of two things: Either completely rewrite it or we just follow the
recommendation of denial.
CHAIRMAN STRAIN: Well, I like a better suggestion, and that is we make two changes to it--
three changes to it, and it combines what quite a few of this board panel ha~ been saying.
Under the words park neighborhood, put the definition, we change the word population to
demot,'faphics. Under H we change the words an appropriate to a suitable. And we strike number five. And I
think that cleans it up and covers everything that everybody wants.
Mr. Schiffer?
COMMISSIONER SCHIFFER: .lust one comment. You know, demot,'faphics here could be a
problem. This thing could be an over 55 community and we may want a playground for the grandparents to
take the kid to. Would that stop us, because they're going to say the demographics of this is not going to use a
playground.
Yet the word population, we could have always had the argwnent that even though it's all elderly
living there, a small playground for grandchildren might be appropriate or suitable.
MS. TOWNSEND: And an additional concern would be that the character of a certain neighborhood
changes over time. So what may have once been an over 55 community in the future would be appropriate
tor young families.
CHAIRMAN STRAIN: Paul, could you live with the word population, based on the comments?
COMMISSIONER MIDNEY: Yeah.
CHAIRMAN STRAIN: Okay, so now we're down to two changes: Correcting the H to make it
consistent with the EAR, and then dropping five.
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Anybody have any other --
COMMISSIONER MURRAY: I have a thought.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Question, anyway.
Have we now brought this down to it clearly whenever we talk neighborhood park to basically being
a tot park? It is this a child's park in every ca~e? Is that what we're saying?
CHAIRMAN STRAIN: I think by the definition it wouldn't be. It means a park which serves a
population. So we could --
COMMISSIONER MURRAY: It's still ambib'UOUS.
CHAIRMAN STRAIN: That's -- and then the word suitability means we would take all that into
consideration by what's proposed. I mean --
COMMISSIONER MURRAY: And if we eliminate the 250, that means a small, let's say, 80-unit
condo would have to have a park as well, right?
CHAIRMAN STRAIN: Everybody would have to do something, which I think is probably a good
thing to do. Even the small --
COMMISSIONER MURRAY: Well, that certainly complies with the smart growth principles'
intent, that's for sure. I'm not sure it wouldn't have unintended consequences. But okay.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Are you suggesting we change the 250?
CHAIRMAN STRAIN: No sir. Let me go through it again. Two changes--
COMMISSIONER VIGLIOTTI: That's five, I'm sorry. It's part of five so--
CHAIRMAN STRAIN: Drop all of five and just change the H to the word suitable instead of
appropriate.
COMMISSIONER VIGLIOTTI: Fine, then I agree.
CHAIRMAN STRAIN: Okay, if that's where we're at, we've already asked for public comments and
received none.
Is there a motion to recommend approval of -- or approval with stipulations 4.07.02?
COMMISSIONER SCHIFFER: I move to approve as amended, Mark.
CHAIRMAN STRAIN: Recommend approval as amended.
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: Mr. Midney seconded.
Is staff clear on the amendments?
MS. ISTENES: No.
CHAIRMAN STRAIN: Okay, two amendments. H goes to providing a suitable neighborhood park
and five is struck. That's it.
MS. ISTENES: No change to the definition?
CHAIRMAN STRAIN: No.
MS. ISTENES: And no addition of recreational facilities?
CHAIRMAN STRAIN: Mr. Midney said he's comfortable with -- pardon me?
COMMISSIONER CARON: You're not going to add to H recreational facilities?
CHAIRMAN STRAIN: Well, it turns out we don't need to because we can co-locate their
neighborhood park over the top of the recreational facilities so it meets the same intent and purpose, and in
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that way kind of brings in the issue of suitability whether or not we need tot lots and things like that.
MR. SCHMITT: Go back to Page 34. We're not going to go with the strike-through on the first
wording where you said a park that serves the demographics? Are you just saying that serves the population?
CHAIRMAN STRAIN: Two changes. H will be changed to providing a suitable neighborhood park
and five will be struck. Those are the only two changes, ifl'm understanding the motion maker and the
second.
COMMISSIONER SCHIFFER: Correct.
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay, in our discussions.
Okay, any further discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLlO'ITI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8 -- no, we're down to 7-0.
And the intcntion of the board was that that mects the intent of the EAR?
COMMISSIONER SCHIFFER: Yes, it does.
CHAIRMAN STRAIN: Motion maker and second, all the board members, everybody agree to that?
(Nods.)
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLA TZKOW: Just for purposes of clarity, do you not want this brought back?
CHAIRMAN STRAIN : We don't need it brought back, no. Too simple of a change.
MR. SCHMITT: And live is eliminated completely.
CHAIRMAN STRAIN: Yes, sir.
Okay, let me -- normally we would go to Mr. Mulhere. Bob, you're -- I was going to say, you're so
tall how could I not see you, but you're sitting down,
We don't have to change the agenda, we'll go right on to Page 9 I.
MR. MULHERE: Good morning. For the record, Bob Mulhere with RW A, here this morning on
behalf of transportation services division. Worked with transportation services division, as well as with
planning staff, as well as with the county attorney's officc, as well as with development services advisory
committee and a number of other entities on this amendment.
I guess maybe let me give you a little bit of background. And I think part ofthe reason that they
asked me to assist with this is that I havc worked over the last seven or eight years in the private sector, and
prior to that during my time with Collier County on thcse -- on properties that are affected by a taking,
particularly developed properties that are affected by a taking, and in the process of creating cure plans to
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address the impacts of a take on a developed piece of property.
CHAIRMAN STRAIN: Bob, I hate to interrupt you. Before you go forward -- and Nick may not
have told you this, but we would want to hopefully have the GMP EAR-based amendment that your whole
issue is about put on the screen while you're talking.
MR. MULHERE: Oh, okay.
CHAIRMAN STRAIN: So if you don't mind putting that on the overhead next to Susan, that would
be very helpful. Then at least we know where you all are coming from.
MR. MULHERE: I don't know if we'll fit all of it on there. So we can move up or do whatever we
need to do. Can you see that? Because that is kind of all of it. Is that easy for you do read?
CHAIRMAN STRAIN: That's line.
MR. MULI-IERE: I can't see it from here. That's all right. To the degree that I need to, I'll take my
glasses on or off as appropriate.
Yes, that amendment to the GMP is the basis for this amendment, or allows for or promotes this land
code amendment. However -- thank you -- however, you know, it's -- it is rather general, as a comprehensive
plan amendment should be.
Your Land Development Code is more -- proposed amendment to the Land Development Code is
more specific and does provide for a specific process to accomplish those objectives set forth in the objective
and the policy in the Growth Management Plan.
The language that existed in the LDC was at best I think unclear. And I don't think there's any
disagreement on the part of stalTwith respect to that. It never really provided for a clear process, a clear
method of dealing with a piece of property. And it wasn't so much in the terms of the immediate impact ofa
take, because it was clear that the code always intended to allow for a reduction equal to the amount of the
take as it related to a setback or a landscape buffer.
But where it became problematic is in some future treatment of that property. And it wasn't clear
with respect to that. And I can attest to the fact as I've described in the body of the land code amendment, the
narrative explanation portion, to a number of circumstances where the county was potentially subject to
significant damages because there was no easy process or understandable process or clear process that a
landowner or their legal representative, in most cases, could use to fully understand, empirically understand
how the property would be treated in some future scenario.
If they just did a facade treatment, would they then be required to replace a portion of the lost
landscape buffer or setback? If they did do that, would they then be required to eliminate a row of parking
spaces? Well, when you do that, you're talking millions of dollars in severance damages.
So we started to do some research in terms of how other communities handle this. We found that
there were a couple of communities that provided for a process where the local govemment could approve a
cure plan, or in this case we called it a post-take plan, and that that could be recorded in the public record so
the property owner could rely on that.
The variance process is not the appropriate process to go through this. And I think many of you
commented on that. I remember I did the Wendy's variance, which was related to a buffer and a setback and,
you know, why are we looking at this. And the board asked the same question.
It's an onerous process, and it involves a land-related hardship, which doesn't always exist. It doesn't
allow you to consider the economic impacts, which is exactly primarily what we're talking about here.
And so a process -- and also, it can only be initiated by the landowner. And we may want as a
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county in some cases to initiate this post-take cure plan, we may still end in front -- by the way, there are
two, I guess two legal proceedings that are guaranteed to, unless settled, end up at a jury trial, that's a capital
offend -- murder and eminent domain.
And, you know, typically the county tries to do everything that's appropriate for the private property
owner to cure the issue, as they're required to by law, prior to ending up in front of a jury trial.
So one of the things that could be done is to submit this -- to have the county submit this post-take
plan where a property owner doesn't agree or often cases it's their legal representation that doesn't agree.
They say we're going to court, we're going to get millions of dollars in damages.
Why? We've created a cure for those issues, we've remedied those issues to the best of our ability.
We don't care, we're going to court.
Well, in this case the local government could bring that curc plan, get it approved by the board and
then at least in court that could be held up as an evidence of a remedy.
So I hope that that adequately summarizes why we're coming forward with this process. We have
still, even under these economic downturn times, there's still an aggressive road building program. There are
lots ofpropertics that are being impacted by right-of-way improvements.
This has nothing to do with the corridor management or corridor preservation plan. This actually has
to do with existing under development, planned, funded roadway improvements affecting existing developed
properties, or even in some cases undeveloped properties, but along a corridor that's being improved.
I spent a fair amount of time I think trying to layout the rationale in this report. I also spent a lot of
time talking about the fiscal and operational impacts. I hope that wa~ helpful.
We haven't set a price for this, but the transportation department will be responsible to pay whatever
fee is appropriate to develop and service, process thesc.
We spent 10, 12, 15 hours with development services, so we think it's a good product. It was very
helpful to havc that time because in the end the product is a lot better than it was had we not spent that time.
It was a collaborative effort I guess is what I'm trying to say.
And I guess with thatI'd defer to any -- oh, there are a couple of changes that were made. Let's see,
we brought this before the OSAC under an earlier version that was approved. And then we met with staff and
also Mark White, who is the -- [ think you saw Mark White, he's the outside counsel that the county hired to
help with the LOe. So we met with him as well.
And between Susan Istenes and Mark, there were some additional changes we needed to make. And
we did that. And then we had to go back to OSAe. And that was just this past Wednesday, we went to the
sub-committee, which the full committee endorsed to have the authority to review it and make any additional
changes.
There were some very minor changes that they recommendcd. I think they're good changes, and I'd
like to go over those with you.
The first is on Page 97, sub -- paragraph C, the post-take plan should actually be paragraph O. That's
-- you know, if you look at it, I think we have two C's.
On Page 98, there is a typo on the top of the page on paragraph two. It should say the property
owner or the county attorney.
I hope I'm getting some of your flags, Mark.
CHAIRMAN STRAIN: Not mine. [don't waste time with grammar. This is all that the OSAC had
to correct?
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August 28, 2008
MR. MULHERE: Well, they'd already reviewed it once. No, there was one substantive change.
CHAIRMAN STRAIN: Okay, well let's work on those, because the grammar can take care of itself.
MR MULHERE: Okay, no problem.
I would say the substantive change would be in paragraph four on Page 99.
And their recommendation was -- I think Clay Brooker raised the issue that the language here is
very, very broad. Anybody in Collier County could argue that they were adversely impacted.
And so the recommendation was to -- I want to say one, two, three, four, five, sixth line down in that
paragraph four it would read, the sentence would read: For the purposes of this section an aggrieved or
adversely affected party is defined as any person or group of persons who received notice under 3(C) above.
And then it would go on to read: And who will sufTer an adverse and so on and so forth.
If you go to 3(C) that's referenced -- that will be referenced there, that specifically identifies the
property owners who receive notice in the urban area, if they're within 500 feet, Susan, is it, in the urban
area?
MS. ISTENES: In the urban area? I'm sorry, I was thinking something else.
MR. MULHERE: 500 and 1,000 feet in the rural area.
MS. ISTENES: Correct.
MR. MULHERE: So it's kind of focusing on the folks who are nearby or close to the property,
within 500 feet they're going to get noticed, within 1,000 feet in the rural area.
So that was their substantive change.
CHAIRMAN STRAIN: Okay. Before we go into the Planning Commission's processing questions
of this, this is a longer one, and I should have started this with the last one. We'll take it page by page for
questions, and that way it's a little organized and we can get through it quicker.
Mr. Murray, did you have something on Page 9 I or--
COMMISSIONER MURRAY: Yeah, while you don't concern yourself with the grammatical issues,
on Page 94, I'm going to help you out a little bit. On the first line you use the word analyses, I believe it
should be singular, analysis.
MR. MULHERE: Thank you.
Does your version have line numbers?
CHAIRMAN STRAIN: We have version 08/08--
MR MULHERE: But it doesn't have line numbers.
COMMISSIONER CARON: No.
COMMISSIONER MURRAY: No.
MS. ISTENES: No.
MR. MULHERE: This to me is an example ofa fairly long one that would be a lot better if we were
able to reference a line when we were talking about --
CHAIRMAN STRAIN: Well, we'll hit it page by page. It will keep it somewhat orderly.
MR. MULHERE: Okay. Just trying to improve the process. [ guess I'll stop trying to do that.
CHAIRMAN STRAIN: Anybody have questions on Page 91?
(No response.)
CHAIRMAN STRAIN: Bob, I have one. Under post-take plan, your fourth line, it says minimize or
resolve site impacts to an improved property caused by a take.
What's your definition of improved? I mean, you may be taking a piece of property and reducing its
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size to a point where it's improved in the fact it's got zoning but it doesn't have a building on it, and your size
reduction then has an impact on what can be built there.
So would that be considered improved property if it's vacant, or not improved?
MR. MULHERE: No. And there won't be a post-take plan for a vacant piece of property. That will
be dealt with within the ordinance, within the proposed ordinance, but it's not dealt with through a post-take
plan.
CHAIRMAN STRAIN: So your onIy improved property is the ones that are developed.
MR. MULHERE: Physical improvements, yes.
CHAIRMAN STRAIN: And physical improvements meaning structures or site--
MR. MTJLHERE: No, site-related improvements also.
CHAIRMAN STRAIN: Page 92, any questions?
(No response.)
CHAIRMAN STRAIN: Page 93?
(No response.)
CHAIRMAN STRAIN: 94~
(No response.)
CHAIRMAN STRAIN: And Bob, you did a very good on the fiscal analysis and operational
impacts. We appreciate that. I was hoping that we'd have that on more of them. It was helpful, so thank you.
MR. MULHERE: Thank you. By the way, I did forget to also put another change in the record that
Mr. Anderson brought to my attention. So when we get to it, I'll address that for you.
CHAIRMAN STRAIN: Let's start on 95 then, it's the actual text of the document.
Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: And mine's on paragraph A.
A suggestion, Bob. Since the la~t sentence, which distinguishes what acquisition means, a thought I
had is if you could break A down into an A- I and an A-2 and move the last sentcnce up as A- I, and then the
balance of the paragraph is A-2. In other words, you're discussing--
MR. MULHERE: Under applicability?
COMMISSIONER SCHIFFER: Correct. In other words, I think that if you defined what acquisition
meant before you go even into the first --
MR. MULHERE: Okay, so for the purpose of this section, we would take that whole sentence and
move that up to the beginning, right?
COMMISSIONER SCHIFFER: Right. And then a thought maybe is to -- I mean, you could leave it
like that if you want, or break it up into an A- I or A-2, either one would be fine with me.
MR. MULHERE: Well, I think what I'd prefer to do is take that sentence and put it at the beginning.
I mean, that makes sense.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Well, but I think where Brad's going is a little bit further. You have A,
applicability, period. Then you have one. One would be the last sentence.
Then you have two. Two would be your first sentence.
Is that what you're trying to say, Brad?
COMMISSIONER SCHIFFER: Right. But if it's important, he can keep it the other way.
The first thing is I think we should tell people what acquisition means before we use the terrn.
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And then the only other question I had is, this is retroactive back to Valentine's Day 2006. Is there a
reason for that or -- I mean --
MR. MULHERE: That comes --
COMMISSIONER SCHIFFER: I mean,just out of curiosity.
MR. MULHERE: It's language that's in the code today and it's just a carryover -- I didn't want to
affect anybody's --
COMMISSIONER SCHIFFER: Good. Thanks. I'm done.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, on that same paragraph, I want to have clarity of
understanding.
When you refer to a private party when the heading is public acquisition, now I'm sure that there are
ways that I'm unaware of that that happens but --
MR. MULHERE: Yes, there are. This was rcviewed by three or four sets of attorneys. There are
examples, such as private utilitics, that may have eminent domain powers.
COMMISSIONER MURRAY: Okay. And that's what I wanted to be sure about, that that's what
that represented. People are vcry sensitive to thc possibility of takings by private cntities. Okay.
CHAIRMAN STRAIN: Anything else on 95')
(No response.)
CHAIRMAN STRAIN: Bob, in that same paragraph, in acquisition, after the word including on the
last full line, could you say including but not limitcd to'?
MR. MULHERE: I want to make sure I'm in the right spot. You're talking about paragraph A, right?
CHAIRMAN STRAIN: Paragraph A, very last full line, of acquiring private property for public use,
including but not limited to dedication, condemnation and purchase.
MR. MULHERE: That's a good point. I believe I had that in there. Somehow that fell out.
MS. ISTENES: Well, what we're trying to do is get this back into Mark White's forrnat with not
putting a lot of extraneous words and trying to shorten it.
So that was a lot of -- some of the work I did in trying to keep -- and when we met with Mark. So I
will be commenting on things like that if--
CI [AIRMAN STRAIN: That's line. I'm more concerned, though, that if someone reads this and they
have like a prescriptive easement that was f()rced upon thcm through time and it becomes a public roadway,
how does that fit in herc?
Someone could argue that it's not listed, therefore it doesn't lit. Ijust want to make sure that you
would accept other means.
MS. ISTENES: Right, the list is not -- I believe the list is not --
MR. MULHERE: lt's not, just is including--
MS. ISTENES: -- as specific as -- yeah.
MR. MULHERE: [ didn't mean to interrupt.
MS. ISTENES: The word included to me means it's just an example. There could be others.
MR. MULHERE: I think Mark, his position is that that's superfluous legalese.
MS. ISTENES: Exactly.
MR. MULHERE: And, you know -- that's Mark White, by the way, not Mark Strain.
CHAIRMAN STRAIN: Therc's a lot of superfluous legalese in there --
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MR MULHERE: And so, you know, I had it in but I didn't mind striking it through because I agrce
with Susan, it's not exhaustive. I mean, it says including, therefore it's not limited to those.
CHAIRMAN STRAIN: On B(l), the la~t line, couldn't we strike that?
The Board of County Commissioners can do whatever thcy want. They set the law in this county.
Why are we limiting them'?
MR. MULHERE: Typically they won't. They'll been constrained by their own adopted policy when
it comes to things like that, unless you specifically state that as far as this minimum goes if there's some
reason they can reduce it.
I mean, it's certainly up to --
CHAIRMAN STRAIN: Why would we want to tie their hands, though? If elected officials want to
change something, I don't know why a code would want to tie their hands, especially a code they adopt.
MR. MULHERE: As long as it's clear that they -- you know, I mean, I don't have a problem striking
through that sentence.
MS. ISTENES: I wouldn't. I'm not going to agree with that.
What we're doing is we're essentially watering down the nonconformity section here, and I think --
and I believe, and I don't want to speak for Mark White, but I believe hc agreed that 80 percent would be the
mlmmum.
And we star! going beyond that, and why have the limitation?
MR. MULHERE: But Ijust want to -- and I don't have a problem. I mean, it's a policy decision. I
just want to say one thing: Right now basically the code doesn't have that.
Let's go to the strike-through language for a minute. I think if we can find that. It's hard to find. I've
gotto see if[ can find it in the strike-through language. I think it might be on Page 100, on the last paragraph.
No, I'm not finding it therc. Well, it's always hard for me to lind it in here.
But there's some existing language in here that says that if you could subdivide before the take, you
can still subdivide after the take. And it limits it to I think three or fewer lots.
I don't know that it even -- [ put the 80 percent limitation in there because I thought that was an
appropriate limitation. You don't want a lot that's -- I think the county ought to take the whole lot if it goes
less than 80 percent, because you can't really use it.
CHAIRMAN STRAIN: But see, you came by that as arbitrarily then, you just put it in there at 80
percent.
MR. MULHERE: Yeah.
CHAIRMAN STRAIN: And see, that's more reason why I think the last paragraph -- I don't know
what circumstance the Board of County Commissioners may want to intervene in an issue like this. But if
they want to they should have the right to, they shouldn't be hampered by the very code that --
MR. MULHERE: But that's what that sentence gives them, in my view. It gives them the ability to
reduce that. And it makes it clear in the code, which is I think probably what Susan is coming to, unless
there's extraordinary circumstances. But at least the Board has a -- and I'll tell you where I saw it, is you
could have an ago lot, which is fairly large, or an Estates lot, which is fairly large.
In the Estates you have tons oflots that are legal noncon[()mling that are an acre and a quarter, when
the regular lot size is two and a quarter or, you know, in that range. There's tons of them.
And now you go in and takc somebody's property, and maybe you reduce them by SO percent but
they're still the same size as all those legal nonconforming lots. They ought to be able to use it and/or
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.,
subdivide it after we took their property rights away from them.
CHAIRMAN STRAIN: The sentence I'm concerned about is: The Board of County Commissioners
may not modify this minimum required lot area requirement. That's the sentence. I don't see why we would
want to leave that in. So anyway, that's my thought --
MR. MULHERE: No, I understand. I'll follow your--
CHAIRMAN STRAIN: I'll probably carry my question through the end of our -- till we get to the
end today, too.
Any other questions on 95'1
(No response.)
CHAIRMAN STRAIN: Going to 96, questions on 96'1
COMMISSIONER SCHIFFER: I do, Mark.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: One thing, Bob. The concept of more legally nonconforming
seemed confusing to me. So essentially what you're saying, if there's an existing nonconforming lot and you
ehopped some more, that's a more legally --
MR. MULHERE: Y cah. I mcan, thcre's a ton of lots that alrcady have been reduced in terms of, let's
say, setback or something like that as a result of a previous take. I mean, think about U.S. 4 I and Airport
Road. And then you eome in again.
So they're alrcady nonconforming to today's code. You come in again, you take another 50 feet to
widen again, you're making it more nonconforming.
COMMISSIONER SCHIFFER: Okay. 2-A, a concern I had is you're saying the transportation
services administrator is going to determine an unsafe condition. My concern is the converse ofthat. So ifhe
doesn't say anything, everybody has to assume this is perfectly safe?
MR. MULHERE: Well, what happcns is the transportation services administrator is the name of the
entity that would force the issue.
But what happens is they hire a civil engineer to develop, to look at the impacts of the take -- and a
planner, but thc civil engineer is really the one that does this -- to look at thc impacts of the take and typieally
to also prepare a cure plan, you know, liecnscd in thc State of Florida.
And that person typically would be the entity that they would turn to and say, you know, you have
design responsibility, and is this a safe or unsafe condition.
But we had that in there and I think Mark White particularly felt that it would be better to sort of
broadly leave it at the transportation services administrator. And he knew that practieally speaking that was
going to occur by -- it could be done by an engineer working for transportation serviees or it could be done
by an engineer that they hired. And I think that was the reason for that.
COMMISSIONER SCHIFFER: Okay. And so ifthey don't deem it unsafe, then it has to be
assumed somebody took responsibility for deeming that it was safe.
MR. MULHERE: Yes. And the county would be the one.
COMMISSIONER SCHIFFER: And 2(C), in there we're playing with the value of the building.
That always gets kind of sloppy. [know you're trying to do it in there, but what is the intent of that'? That
would be ii.
MR. MULHERE: Okay. What we're trying to do there actually is give the benefit of the doubt to the
property owner in this circumstance.
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By the way, this is fairly common language. Some valuation as the trigger for when something
would have to conform, some degree of valuation.
And we're using 50 percent of the replacement value of the structure, and what we've added to that is
also the site improvements.
And we value this stuff -- I don't say we. When I say we, the team that the county hires always
includes an appraiser. Usually that's the lead person on the team. And that appraiser is used to valuing site
improvements and structures.
COMMISSIONER SCHIFFER: But it only goes to improvements. For example, let's say you
enlarged a road and you took away a guy's drive-through window. Essentially you didn't hurt his n
MR. MULHERE: Well, that--
COMMISSIONER SCHIFFER: -- the building yet, but you obviously hurt his business.
MR. MULHERE: But that's an improvement. I mean, he's going to have a driveway, he's going to
have a window. That's an improvement.
COMMISSIONER SCHIFFER: So the appraiser would pick that up --
MR. MULHERE: Oh, absolutely--
COMMISSIONER SCHIFFER: -- and he would note the loss of business based on that.
MR. MULHERE: Yeah.
COMMISSIONER SCHIFFER: My only -- down on three, you reference -- like look from the
fourth line up from the bottom, you're referencing, you know, how to deal with properties based on the
structure thing. You know, my concern was like, for example, 2(C) is a -- under thc structure rules, somehow
it was star!ing to lose the fact that it made sense. You know, you're outside of structures in three, but you're
using the rules of two as to what to do.
MR. MULHERE: Three deals with any other site-relatcd nonconformities or site-related condition
resulting from the acquisition. So anything other than what's discussed above is being dcalt with in number
three.
COMMISSIONER SCHIFFER: And you're comfortable dealing with it under the structural rules'?
MR. MULHERE: Yeah.
COMMISSIONER SCHIFFER: Okay. All right, thank you.
CHAIRMAN STRAIN: Okay, we're on Page 96. Any other questions on Page 96'1
Ms. Caron?
COMMISSIONER CARON: Yeah, Ijust want to make sure, Bob, here. So if the take just afleets
the landscape buffer, for example, what we've dealt with up on Immokalee, you want the entire site to be
legally nonconforming'?
MR. MULHERE: No, it would be whatever that aspect is.
COMMISSIONER CARON: Just thc aspect.
MR. MULHERE: Whatever that aspect --
COMMISSIONER CARON: Okay. All right. '/bank you.
MR. MULHERE: It's sort of like -- you know, [just want to throw out a little something to that
answer additional. It's kind of -- the staff would look at the site as being nonconforming even if that was the
one issue that was -- they've got a nonconforming issue that ultimately they've got to deal with, even if it's
just the landscaping. When do you deal with it is the question, so n
CHAIRMAN STRAIN: Okay. Bob, on the top of Page 96, the third line.
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August 28, 2008
MR. MULHERE: Yes.
CHAIRMAN STRAIN: First of all, number one, it talks about the reduction. It says, results of a
portion being acquired for public use may be reduced by the same dimension area or amount involved in a
dedication, eondemnation or purchase.
Does that mean, say you had a 10- foot setback and they took 80 percent of thc property, their
sctback reduces to two feet?
MR. MULHERE: Well, it does mean that, except that there's a condition, there's a caveat that no --
when you're talking about a setback, you're talking about a measurement to a structure.
CHAIRMAN STRAIN: Yeah.
MR. MULHERE: And there's a minimum. You have to have 10 foot between the property line and
any structure.
CHAIRMAN STRAIN: Okay. Well, let's takc a setback to something else. So what this does is
reduees everything on the site.
MR. MULHERE: By the amount of the take.
CHAIRMAN STRAIN: Right. So if you takc 80 percent of the lot, you have 80 percent reductions.
Is that width and buffers, say'?
MR. MULHERE: Everything by the amount of the take.
Now, but I would tell you something, Mark, if an improved property is being impacted by 80
percent of a take, they're going to have to take the whole thing. We're not going to have that situation. I know
you're just trying to make an example, but --
CHAIRMAN STRAIN: No, I'm reading -- I know how difficult it is when developers come up with
-- or attorneys, especially attorneys, come up with extreme variations and interpretations of the code. Then
they prcsent them to staff as an argument saying it doesn't say that; sce, I can do this.
And I want to make sure we button it up. So if 80 is not praetieal because you're saying well, we
wouldn't do that, then maybe the 80 percent needs to drop baek to 70 or 60 or whatever it is.
MR. MULHERE: I mcan, this is the way the code -- as far as this language goes, the code has
always said that the dimensional standard can be reduced by the amount of the take, but there shall never be
less than a 10-foot setback to a structure. It has always said that. Always.
CHAIRMAN STRAIN: Bob, and that's fine, but--
MR. MULHERE: And nobody has had rcally a problem with that part of the codc.
CHAIRMAN STRAIN: Bob, nobody has a problem with that part of the code because since I've
been on this board you cannot go back and question things that aren't underlined. Well, guess what, you took
it all out ofthe old code, you underlined it all, so it's open for discussion.
MR. MULHERE: No, I appreciate that. But what I'm trying to give you some sense of comfort is
that that is an appropriate allowance. You should allow someone to havc whatever dimension is affected by
the take to be reduced by an amount equal to the take. If not, you've got to take the whole property.
CHAIRMAN STRAIN: I'm just coneerncd about unknown consequences. And I would feel more
comfortable under one to understand either there's a minimum which can never say below the 50 percent of
the standard as it originated for that particular element, like landseaping or something, so we don't know, wc
get dO\vn to a ridiculous scenario that could be forced upon stafTbecause of a lcgal interpretation this doesn't
address.
MR. CASALANGUIDA: For the record, Nick Casalanguida, Transportation.
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What Bob explained is true in fact. You can't put a quantifier. Bccause if you say 50 percent of that
particular setback, let's say a buffer, and it's 20 feet, if you limit that to 50 percent and it drops down to 10
and we want to go past that and we can't, then that puts us in that same situation we've been in all along.
So if you blanket that to a percentage for every requirement for every setback, practically speaking,
it protccts itself. As Bob pointed out, when you get into an improved lot and you start encroaching into 30 to
40 percent of the lot, it bccomcs a whole take.
And to quantify that to say what it would be, whether it be 10,20 or 30 percent, it depends on the lot.
If the building is set baek far baek on the lot and you take 100 feet of that lot but he can practically still use
that land, that would be what the consideration would be.
CHAIRMAN STRAIN: But you just said if it's a 30 or40 percent take, we take the whole lot. Well,
that's not what this document says. Now it says 80 percent you take the whole lot.
MR. CASALANGUIDA: No, no, that's on unimproved lots.
MR. MULHERE: No, it doesn't say that.
CHAIRMAN STRAIN: Unimproved lots. So 30 or 40 percent you're referring to improved lots.
MR. CASALANGUlDA: Improved lots, yes, sir.
MR. MULHERE: This is always improved for post-take plans.
CHAIRMAN STRAIN: Okay, as far as the applieation, though, to all the -- the required yards, it
says, required yards and improved lots, lot coverage, unimproved lots and lot dimensions rendered
nonconforming and more legally non-conforming.
MR. MULHERE: Correct.
CHAIRMAN STRAIN: Can you give me some examples of how this -- say you took 80 percent of
an unimproved lot but the unim -- how would this apply? Would there bc any application in which this
would apply? If it's unimproved then--
MR. MULHERE: On an unimproved lot? Yes, lot area. That's why this is worded this way. That's
why it says yards on improved lots, coverage on improved lots and lot dimensions, but doesn't use the word
improved lots. Because either lot width or lot area could be reduced on an unimproved lot and wc would
allow that reduct -- you could still use the lot, unless the economics drive the taking of the property.
So how does that happen? Well, a property owner says you've rendercd this lot unusable,
unmarketable, because you'vc takcn my sizc down to "X", from "X" to "X". Then the transportation staff
legally has to review that and make a determination to take the whole thing or not.
CHAIRMAN STRAIN: But if the response is it wouldn't really apply to the improvements on the lot
based on the language here, then I'm comfortable with that. Now that's what you're saying.
MR. MULHERE: Yes.
CHAIRMAN STRAIN: Okay. Under 2(C), sixth line up, seventh line up from the bottom. It says,
the rcplacement value shall be calculated by a Florida licensed property appraiser, civil engineer or general
contractor.
I would like to consider you striking civil engineer or general eontraetor. They're not -- I mean,
while they can produce elements of cost, the appraiser's the one that's on the hook with his professional
license. I'd rather we keep it that way.
MR. MULHERE: You know, I think you're right. Because what happens in my experience is that
the county hires the appraiser, the appraiser asks the engineer to value X, Y and Z, and the contractor to
val ue a sign or some other -- and it all bccomes part of the appraiser's report. So I think that's fine.
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CHAIRMAN STRAIN: On number thrce, it talks on the third line -- well, first of all you're talking
about conditions resulting from the acquisition, including those rcndered more nonconforming shall be
considered legally nonconforming included. Then you go into a series of elcments: Stormwater management,
landseaping, open space, on and off-site parking, vehicle stacking and throat lengths.
Items like that, I would -- could we consider adding some language in there that suggests that it
would not -- it would -- provided they do not -- provided they remain fimetionalfor their intended purpose
and/or future purposes.
I wouldn't want to see you comc in and take something and because of the take it doesn't function
right, but because ofthis language it's allowed to exist.
Stormwater is a good one. And I'm just wondering, is that -- am I reading it right and would it be
better to put some kind of disclaimer in there about functional ability so we're covered?
MR. MULHERE: Yeah, no, I think that's a good suggestion.
And I think what we would do is ereate a sentence that's very similar to where we talked about the
engineer determining a safety issue. I think we would talk about something that there would be an analysis
that those improvements still functioned adequately to meet their intended purpose. And I thought we had
something like that, but --
CHAIRMAN STRAIN: This is going to have to come back to us, and so hopefully someone's
making notes of thesc items.
MR. MULHERE: Yeah, I am.
CHAIRMAN STRAIN: Assuming the board accepts all that.
The third line up from the bottom on that same page says, transportation services administrator. We
normally see eounty manager or designee. I don't know why the transportation administrator would know
about some of these things, especially the costs and issues involving those. So why wouldn't we just put
county managcr or dcsignec?
MR. SCHMITT: That's been the accepted terminology.
MR. MULHERE: I'm not sure how that happened.
MS. ISTENES: Actually, I think that wa~ Mark White again kind of trying to get away from that and
be a little bit more specific. So wc may see more of that.
CHAIRMAN STRAIN: Well, we'll have to -- we just got away from the more specific to allow the
flexibility that certainly wa~ needed because so many department heads changed names. So maybe Mark
needs to kind of be straightened out on that issue.
MS. ISTENES: Wc -- I did. It kind of gocs thc other way too. It's interesting, T'lljust throw this in.
What's interesting is people decide that the county manager or designee means somebody else that the county
manager hasn't designated because they don't like the answer they're getting from thc person that the county
manager has designated.
So then they start going to the county attorncy's ofliee and the county manager himself and the
assistant county manager. So we're experiencing that --
CHAIRMAN STRAIN: Mr. Schmitt?
MR. SCHMITT: Just lor clarification, everywhere in the code where it said county manager or
designee about a year and a half ago we went through and identified every position that is delegated that
authority by the county manager. He has a delegation authority chart that says this is where it says and this is
who I'm delegating.
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MS. ISTENES: Maybe a better language would be as designated by the county manager, and that
way it doesn't open up for, you know n
CHAIRMAN STRAIN: 'Ibat's fine.
MS. ISTENES: -- this either/or situation that we're getting arguments about.
CHAIRMAN STRAIN: I'm just trying to be consistent. By naming each individual department--
person, we've gotten away from that. And I think it was a good thing we did because the titles change so
much. So somehow we need to get it into more of a generic mode. That's fine.
MR. MULHERE: So whcre do wc stand with that?
CHAIRMAN STRAIN: Well, it's going to change. When you guys eome back for the rewrite,
whatever Susan --
MR. MULHERE: But should I --
CHAIRMAN STRAIN: n is the current flavor of the day we'll get, I'm sure.
MS. ISTENES: I guess my suggestion was as designated by the county manager. And that way it
narrows it rather than leaving it either/or, which is I think what we have now. And that would I think solve
both problems.
CHAIRMAN STRAIN: I agree.
Okay, we're on to Page 97. Any questions on Page 97'1
Mr. Murray, thcn Mr. Schiffer.
COMMISSIONER MURRAY: 'Ibis is onc for me, to educate me. On 0, under one, the most recent
available aerial of the site. I know that they're available through thc --
MR. MULHERE: COW1ty --
COMMISSIONER MURRAY: -- appraiser's office and such.
MR. MULHERE: Property appraiser.
COMMISSIONER MURRAY: How do we know for a fact that that's the most recent--
MR. MULHERE: Well, it's easy to check. The aerial will have a date. And you can certainly check
with the property appraiser's to see when it was flown.
Let mc tell you why -- I mean, that changes, too, because I think based on the current economics
they've chosen not to fly I think annually this year and do it by biarmually. So the most reccnt one might be a
couple of years old.
It's not to suggest that somcone would have to go out and fly that to get a recent aerial. You know,
we could -- we could say the most recent available acrial from the property appraiser's office --
COMMISSIONER MURRAY: [don't have to changc it if it's well understood.
MR. MULHERE: The reason I didn't do that is because sometimes the property owner does have a
more recent aerial and might as well use it if they do.
COMMISSIONER MURRAY: I would agree. Okay.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Mine's on C(I)(c). And what that is is just add in there that the
survey is prepared by a Florida licensed surveyor. I mean, you wouldn't want -- you want it signed and sealed
but -- and essentially that means that, I think, Bob, but somebody cIse may make a drawing. Is there a
problem adding to it?
MR. MULHERE: No, I don't think so. Prepared by a licensed surveyor in the State of Florida or
something like that.
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August 28, 2008
COMMISSIONER SCHIFFER: Right. Whatever. Thank you.
CHAIRMAN STRAIN: Anybody else have any questions on Page 97'1
(No response.)
CHAIRMAN STRAIN: Bob, I've got one. 0(1) says a post-take plan may be substituted for staff
review and approvaL
MR. MULHERE: Submitted.
CHAIRMAN STRAIN: May be submitted, I'm sorry.
MR. MULHERE: You scared me.
CHAIRMAN STRAIN: How soon after the initial taking can the post-take plan be submitted?
MR. MULHERE: The timing is -- I'm going to try, and Nick, correct me ifI'm wrong, but the timing
is -- you know --
CHAIRMAN STRAIN: Is there a limitation, I guess -- I'll tell you what, I'm more concerned that if
there is a limitation it be stated here so someone knows it. That's kind of where I'm going.
MR. CASALANGUlDA: Any time.
MR. MULHERE: Any time.
CHAIRMAN STRAIN: That's fine. That works. That's all I needed to know.
Page 98?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Up at the top, obviously a little scrivener's, there's ort, I think it
means or.
MR. MULHERE: Yeah.
COMMISSIONER SCHIFFER: 2(A), is the intent ofthat where you state that the acquisition -- or if
the buffer's eliminated it can be replaced beyond the acquisition area. Does that mean into thc acquisition
area?
MR. MULHERE: No, it means into the property. Let's sec, landscape butlers which have bcen
completely eliminated by the acquisition may he replaced beyond the acquisition area but shall not result in a
bufTer less than five feet.
So if you took the whole buffcr but you had room to rcplace thc buffer, you would not have -- and
you didn't have enough room to replace the requircd buffer again, you know, you would bc able to put in
some landscape buffer, and the minimum here is fivc fect.
COMMISSIONER SCHIFFER: So this allows you to create a new small buffer--
MR. MULHERE: Yeah, it's better than nothing.
COMMISSIONER SCHIFFER: Yeah. Thanks. I'm done.
MR. MULHERE: Slow down -- oh, I'm sorry. Yes, I apologize.
COMMISSIONER SCHIFFER: But I'm done.
MR. MULHERE: I didn't mean to step over your question.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: But they don't have to be replaced at all, so we could cnd up with
nothing.
MR. MULHERE: Not in -- I don't think that would be the case in a post-take cure plan. You could
end up with nothing -- you can end up with nothing if the property owner chose to do nothing and the county
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August 28, 2008
chose to do nothing. There's no requirement n there is no requirement if you took a landscape buffer for that
to be replaced.
And that I think you're going to find is -- that's going to be a legal question. I mean, they get paid for
damages but they don't have to spend that money to fix the property, which is why often we do it, or the
eounty does it.
Actually, this should create less of that. Because by allowing for this post-take cure plan, you're
going to loek somebody into whatever improvements are approved.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Any other questions on 98'1
(No response.)
MR. MULHERE: I had a couple I forgot. And I apologize --
CHAIRMAN STRAIN: You have questions of your own document?
MR. MULHERE: No, sorry. Not questions, but comments that I've got to get on the record.
One thing is Mr. Anderson mentioned to me in paragraph three, deviations other than those set forth,
et cetera. On the second line it says, exeeeding the minimums. And I want to add to that on Brucc's
suggestion, or maximums. Because it does provide for both minimums and maximums in the referenced
paragraph.
So that should read deviations other than those set forth in paragraph A through C above or
exceeding the minimums or maximums established therein.
And then the other one was there is a typo or incorrectly cited in paragraph 3(B), where it talks about
the notice shall, number one, list the requested deviations other than those set forth in paragraph threc above.
That should be paragraph two.
CHAIRMAN STRAIN: Okay. It's time lor a brcak for Cherie' and Kady. So let's take a break till
10: I 5 and we'll resume at that time. Thank you.
(Short break.)
CHAIRMAN STRAIN: Okay, if you'll all resume your seats, we'll go back to where we left off: and
that is on Page 98. And Mr. Mulhere, I have a couplc of questions.
MR. MULHERE: Okay, sir. That didn't sound good.
CHAIRMAN STRAIN: No, these arc ones you probably should like.
On 2(C), it says may bc reduced up to 10 percent. How about not exceeding 10 percent?
MR. MULHERE: Yeah, that's easy.
CHAIRMAN STRAIN: On 3(C) it talks about the Planning Commission meeting. Does it go
without saying or should it be here that the applicant has the ability to appeal this to the BCC, or is that
something that's a given without a statement?
MR MULHERE: I had it in thcre. I don't remember where it is now. Hold on one second, Mark. I'll
find it.
COMMISSIONER CARON: It's on lour.
COMMISSIONER MURRAY: Mark, I didn't hear the percentage of what did you change it to, the
vegetation, from 10 percent to --
CHAIRMAN STRAIN: It's on four? Okay, never mind then.
On 2(C), Bob, what I did was we just changcd, instead of up to, it says not exeeeding.
COMMISSIONER MURRAY: 'lbank you. I missed that. My ears.
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16 , :u~st 29 2008
CHAIRMAN STRAIN: Okay. That's fine then.
MR. MULHERE: Paragraph four, yeah.
CHAIRMAN STRAIN: Let's move on to Page 99 then.
Ms. Caron?
COMMISSIONER CARON: But along the way, just to go baek for a little bit, if you submit a
post-take plan, the only review is a staff review.
MR. MULHERE: Only at thosc de minimis levels that we cstablished. Anything that is either--
anything that contravenes those minimums, either -- as we said, minimum or maximums established in there,
then you would be required to go through this process.
COMMISSIONER CARON: Well, except that when you get back to three in deviations, you go, or
any other deviations can be approved --
MR. MULHERE: Yeah, but not n
COMMISSIONER CARON: -- administratively. So you're taking--
MR. MULHERE: Tell me where you're at, because I'm looking at number three, deviations--
COMMISSIONER CARON: 98,(3).
MR. MULHERE: Yeah, I'm actually reading paragraph three right now, whieh says, deviations
other than those set forth in paragraph A through C above or exceeding thc minimum or maximums
established may also be approved --
COMMISSIONER CARON: Approvcd administratively.
MR. MULHERE: Oh, you know what? That -- I don't know where that language -- at what point
someone inserted that language, but I agree with you, it doesn't belong there. It does not bclow there. It
should just say subject to the following procedures. I don't remember wherc that came in. I think I kind of do,
but I'm not saying.
MS. ISTENES: It's not my lault.
MR. MULHERE: No, I'm not saying --
COMMISSIONER CARON: Beeause I think there are a lot of areas that will be very negatively
affected if we totally take out the public process here. And while that may be convenient --
MR. MULHERE: That's a good catch. That's a very good catch. lbank you.
MS. ISTENES: Thank you.
COMMISSIONER MURRAY: Dam.
CHAIRMAN STRAIN: Page 99? Any other questions on Page 99'1
(No response.)
MS. ISTENES: May I make a comment on what DSAC had recommended as a change?
CHAIRMAN STRAIN: After mine.
MS. ISTENES: Okay.
CHAIRMAN STRAIN: Because you and I may have the same commcnt.
MS. ISTENES: Okay, thank you.
CHAIRMAN STRAIN: But first, under -- the top of Page 99, you have a little i, a little ii, and those
are the elements in whieh the CCPC can approve the conditions or deny the takc plan.
I would like to make sure we have a iii to possibly saying something like compatibility with other
provisions of the LDC or eompatibijity issues.
I don't think we should be limitcd to thosc two. We certainly want to open it up to any eompatibility
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August 28, 2008
issues we feel warranted apply.
MR. MULHERE: Well, you know, when you and I met briefly a long time ago on this, this is
probably a third or fourth version since this, you mcntioned that to me. And I thought maybe I had
adequately addressed it in para6'Taph two where I added some language that says, third line, neighboring
properties by maintaining or enhancing compatibility through various measures.
But now I think you're aetually asking for something a little bit larger than that, and that is that you
be able to consider basically all the provisions of the LDC that might apply and whether or not it contravenes
them.
CHAIRMAN STRAIN: Right.
MR. MULHERE: So that's a little bit -- I mean, I probably misunderstood you because I thought we
were talking strictly compatibility as it affects nearby or adjacent properties.
CHAIRMAN STRAIN: If somebody comes in with a post-take plan that is for some reason
abhorrent and it shouldn't be approved, that would give us the ability to turn it down.
MR. MULHERE: Compatibility, yeah.
CHAIRMAN STRAIN: Right. So that's kind of why I'm suggesting it.
MR. MULHERE: So your thoughts again were to put --
CHAIRMAN STRAIN: Compatibility with other provisions ofthc LDe. But you need to massage
that n
MR. MULHERE: For consistency?
CHAIRMAN STRAIN: Y cah, consistency with the -- however you would normally massage such
language.
MR. MULHERE: I think if you usc the word applicable, that's good, because you don't want to have
somebody going to all kind of gyrations through the LDC to find a reason. But if you say applicable
provIsIons.
CHAIRMAN STRAIN: That's fine. You understand the --
MR. MULHERE: Yes, I do.
CHAIRMAN STRAIN: -- I'm just wanting compatibility in there stronger.
MR. MULHERE: Yep, I got it.
CHAIRMAN STRAIN: And to where Susan may be headed, I don't know.
MR. MULHERE: The notice.
CHAIRMAN STRAIN: The notice. I'm concerned about the suggested change by DSAC in which it
limits it to just 3(C) above, and that's the noticed property owncrs.
MR. MULHERE: Correct.
CHAIRMAN STRAIN: The general public in many cases may be an affeeted party by the process
of a take. And I don't think it nceds to be limited to just those under notification. So I'd rather the languagc
stay as written and not take DSAC's suggestion into consideration.
MR. SCHMITT: And anybody has the right to file an appeal under the Code of Laws and
Ordinances anyway. Can file an appeal of a decision of a public offieial. So --
MR. MULHERE: And I think that was consistcnt with Susan's recommendation.
MR. SCHMITT: And [ think with Bob's reeommendation, we end up --
MR. MULHERE: Not mine n
MR. SCHMITT: -- if we restriet it, it bccomes more refined--
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August 28, 2008
MR. MULHERE: It wasn't mine.
MR. SCHMITT: All right, good.
MR. MULHERE: It was the DSAC subcommittee.
CHAIRMAN STRAfN: Bob, you're doing it again. Cherie's trying to write when you're talking, he's
talking too.
MR MULHERE: Yeah, I see.
CHAIRMAN STRAIN: So kind of try to be silent for a little bit and you'll be okay.
Under E, the eondemnation proceeding relating to the property acquired has not reached final
disposition. I would rather say, has not exhausted all appeals. Is that a more definitive statement?
Because final disposition could be done at a lower court but it could be appealed to an upper court
and then we still are dealing with it.
MR. MULHERE: I think that's good language. Has not reached final appeal?
CHAIRMAN STRAIN: No, has not--
MR. MULHERE: Exhausted.
CHAIRMAN STRAfN: -- cxhausted all appeals. Or has -- I'm sorry, has cxhausted all appeals, not
has not.
MR. MULHERE: Right
CHAIRMAN STRAIN: And that's on 99. That's all I had.
The rcst of the document is strike-through. Anybody have any questions on the strike-through?
(No response.)
CHAIRMAN STRAIN: Does staff have a clear indication, or Bob, do you, of the suggestions that
we've made? Because this will have to come back for rewrite.
MR. MULHERE: I do. I made notcs.
CHAIRMAN STRAIN: Before we go final up, I want to see if therc's anybody from the general
public would like to speak on this particular issue.
(No response.)
CHAIRMAN STRAIN: Okay.
MR. MULHERE: Thank you.
CHAIRMAN STRAIN: Thank you, sir.
MR. MULHERE: And I apologize for stepping on everyone's words.
CHAIRMAN STRAIN: **Next item on the agenda is -- will be added to the streetlights on Page
ilL
MS. KOEHLER: Good morning. Lisa Koehler, Transportation Planning.
CHAIRMAN STRAIN: Good morning.
MS. KOEHLER: You will find the changes that we've madc on Page 112 of this amendment. And
there's really three.
The first one is changing the word subdivision. And wc've added that to be residential or commercial
development as approved through an SOP, SDPA, PPL.
The second is again allowing flexibility so that ifthe lighting codc conflicts with another lighting
requirement we have thc room to make sure that -- I guess it just gives us the flexibility to do the right thing
so that we ean try to maintain proper lighting levels for pedestrian ways.
And then the third one is in B(2), and we are amending the paragraph so that if you have a single
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August 28, 2008
lane driveway and you can mect the lighting requirement, that you're not having to add a second lighting
fixture.
And also, what was recommended by the DSAC subcommittee was the part that you're seeing
shaded, and that is if that you can show through a photometric lighting plan that you can meet your lighting
requirement through existing street-level lighting, again you do not have to add another fixture.
So the amendments that you're seeing today add additional flexibility for us, as well as the
developer.
CHAIRMAN STRAIN: Okay, questions from Planning Commission?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Just on B. Esscntially what you're doing now, prior to this
requirement was as you enter into a subdivision such as a group of lots.
MS. KOEHLER: Right. And there was confusion over what that tcrm meant. And so there was
always a point of contention with stafT and the developer, was subdivision actually meaning like a residential
subdivision.
And what it was intended to meet was commercial development so as you have a walkway, a
pedestrian way, as you're approaching that commercial development, it's adequately lit for bicyclists or
people walking.
COMMISSIONER SCHIFFER: And then by adding what you've done, essentially everything's
going to go through an SOP proccss or onc ofthcsc. So your intent is to capture every single project ranging
from PUD's to building on a single lot, a single conventionally zoned lot.
MS. KOEHLER: Yes. What you're not going to capture is say a single-family home that's built on a
collector or arterial, but developmcnts.
And actually that was one of the changes we had originally had was development as a defincd term,
but it was too broad in our definition section. So that came back as a recommendation from actually the
county attorney's office.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Is there an ERP (sic) relationship to this? I mean, EAR, I'm sorry. ERP, I'm
thinking ofDEP. Too many acronyms, Tor. Gotta help me out here.
MS. KOEHLER: No.
CHAIRMAN STRAIN: No? Okay, because you didn't put any on the sereen.
So what initiated it? Why was this initiated? I mean, I understand your reasoning, I read it. But I
mean, where's -- how badly is the system broken that we need to add this?
MS. KOEHLER: It was just brought up because of complaints from developers. And as we're going
through staff reviews it's, you know, points of contention as we're going through those reviews of things. So
it was, you know, looked at by stafl We felt they had a really good argument and we needcd to create some
flexibility.
CHAIRMAN STRAIN: So the complaints from developers were that you weren't requiring enough
lighting at the -- where roads -- where driveways and roads intersectcd?
MS. KOEHLER: No, that they had to add additional lighting even though that lighting level was
being met. So it's an additional eost. Why add another light pole if you're meeting your foot candle
requirement.
CHAIRMAN STRAIN: I got an e-mail from an engineer locally, and I'd like -- they have five
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August 28, 2008
questions. I'd like to read them into the record and I'd like a response to them. Because they're morc into
issues beyond my understanding in some cases. So I'll just star! with that.
Number one, the eounty is trying to apply this now to all developments, even ones that generate very
little traffic, such a~ a small office building and smaller ehurehes that gcnerate very little traffic. We believe
there should be a trips threshold.
Historically, i.e. beyond two years ago, this code provision was only applied to subdivisions and not
to all projects. What warrants a new requirement and have there been doeumented cases where lighting
would have helped in an accident situation?
MS. KOEHLER: I think -- well, obviously I think what we're trying to do is create safe pedestrian
ways. And regardless if it's a church or an office building, if you've got a pedestrian going through that at
night and therc's a correct amount of street level lighting, it makes it for a safe passage for that pedestrian.
The point about it, you know, it only applied to subdivisions, and I think that was the contcntion
was, you know, between statT and developers. We were saying no, the codc does require additional lighting,
we need to have safe access for our pedestrians, and so regardless if it's a church or an officc building you
need to have this lighting to provide, you know, safe passage.
Does that answer your question?
CHAIRMAN STRAIN: I think it answers what warrants the requirement, but it doesn't answer what
happened -- do you know of any documented accidents as a result oflack oflighting? Well, I mean that's
hard to say, so -- I'd imagine you wouldn't eome ready with that information.
MS. KOEHLER: No, sir.
CHAIRMAN STRAIN: Number two, the COOT for road design requires only .6 to 1.0 FC along
the roadways and have eonstructed all the new roads that way. Why the higher standard for the private?
MR. CASALANGUIDA: Nick Casalanguida, from Transportation.
That's an average. These requircments were takcn out of the International Engineers Society of
Electrical Engineers. They came from there. They're actually more strict than we are here.
And we actually went out as staff, believe it or not, at 4:00 in the morning on a moonless night and
took mcasurements and found that two to five, which was within the range ofTnternational Engineers
Society recommendations, met that requirement.
The number you're quoting is an average they take along the roadway length, not where the conflict
point of the pedestrian mects the roadway or the vehicle entry.
CHAIRMAN STRAIN: And so you believe that conflict point needs to be two to five times greater
than what the county standard is?
MR. CASALANGUIDA: I can tell you, if you drive by an Albertson's it's 20-foot candles. You
drive by DeVoe it's almost 29. You drive by Ibis Cove, which barely mcets that requirement as measured,
was two. So I believe through field measurements and what the International Enginccrs have recommended,
we are within guidelines.
CHAIRMAN STRAIN: Okay. And almost all the lighting that has been installed in accordance with
this code in thc past is back at the right-of-way line, a long distance from the intersection of a sidewalk
crossing, making them uscIcss. One drive around town, you ean spot them all. If it is needed, then it should
be within the right -of-way or not installed at all.
What do you think of that?
MR. CASALANGUIDA: We review these things, and if -- I'd ask that they show me where they
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August 28, 2008
are. Beeause the light fixture themselves can extend out almost 10 feet if they want them to. So we make
them try and light where that crossing ofthe pedcstrian meets that turn lane coming in.
And these are only for arterials and collectors. So our defined right-of~ways on say Airport Road are
pretty clear. It's easy to see where that is. So if they have an issue, bring it to us and we'll look at it. But I
don't scc -- that's not been a problem in rcview.
CHAIRMAN STRAIN: Do you have any problcm with the oneoming -- this lighting level's being
blinding to oneoming traffic, where other surrounding lighting is low?
MR. CASALANGUIDA: They're full cut-off' objects, so you shouldn't be able to sec them.
CHAIRMAN STRAIN: Those are it, thank you.
I understand your answers. I don't understand all about lighting and CF's and all that, but hopefully
we're on the right path.
Does anybody have any questions on the --
COMMISSIONER SCHIFFER: I do, Mark.
CHAIRMAN STRAIN: --lighting itcm as amended?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, one thing is there -- I mean, the concern I have is having
these lights on all night long. Is there a way we could limit the hours or let them shut them off at certain
hours?
I mean -- and the reason I'm bringing it up, we're essentially doing an anti-green move here by
requiring lighting in areas that are not going to be used that much.
COMMISSIONER KOLFLA T: Arc you talking about roadway lighting or the development
lighting?
COMMISSIONER SCHIFFER: The development -- the lighting at the entrance.
MS. KOEHLER: Well, this lighting would be achieved or could be achieved through the roadway
lighting. So I don't think we're going to be turning off' our roadway lights.
Certainly I would think devclopments, if they want to tum down their lighting on their development
in their parking lot, that's their choice.
COMMISSIONER SCHIFFER: Okay. So they can shut this down at certain hours when they're not
in operation or something?
MS. KOEHLER: Well, this section pertains to streetlights, not like thc parking lot lighting.
COMMISSIONER SCHIFFER: Okay, all right. I'm sorry.
CHAIRMAN STRAIN: But along those lines ofwhieh Brad was asking, part of the cost of
electricity and thus the use of more oil is the candle power that you're asking for. Do you really feel that you
have to have this range of candle power there?
MR. CASALANGUIDA: The candle power won't be affected. The hours that he's asking about, I
can understand what -- his question, do you want thesc on at 3:00 or 4:00 in the morning when your
pedestrian conflicts would be low. I mean, if that's n you want it to say that they can be turned down at a
certain time, and I can tell you --
CHAIRMAN STRAIN: No, I'm not going there. What I'm suggesting is if you have a SO-watt bulb
versus a SOO-walt bulb, you're going to use more electricity for the higher wattage bulb which produces more
candle power.
MR. CASALANGUIDA: Right. But if you're within those minimums, the walt bulb, the candle, the
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August 28, 2008
electricity used, you have to maintain those minimums.
Ifhe's asking can we go with a lower foot candle -- if he's asking for us if we could reduce the
amount of time or the amount of energy, you have to maintain that foot eandle. So I don't know how we
could do that.
CHAIRMAN STRAIN: Okay, but I think that's the question I'm -- I think the engineers had asked
me is that why does the foot candle have to be so high.
I undcrstand your response, it has to be an average. But if you're on a road that's got lights and you're
going down, and the average is lowcr, say 1. 0 instead of two to five, and you've got this one big bright light
standing out there at two to five, is there any way of averaging it so that the light that goes installed might be
the most efficient for the neighborhood? Not overly bright. And in that efficiency we're saving electricity.
MR. CASALANGUIDA: I don't think I'd want to lower them below two, and that's a minimum.
And you know, because you said 1.8. When you talk about going from .3 to .5 foot candles, that's almost
immeasurable. The maximum is five. So the minimum is two, the maximwn is five. We don't want you to
put up a light that's blowing evcrybody away.
CHAIRMAN STRAIN: Okay, but the county road design requires.6 to 1.0.
MR. CASALANGUIDA: As an avcragc.
CHAIRMAN STRAIN: Right.
MR. CASALANGUIDA: Right. And that's as you're driving down the road, you're taking averages
as you go. So your 2.0 is a minimum, it's very dim. When you drive by an entrance, that's dim. But when
they put two lights up sometimes they get up to five. So we said don't get above five.
CHAIRMAN STRAIN: Well, why don't we look at looking at thc average on the road system that
this is opening onto?
MR. CASALANGUIDA: You're driving at an average speed of 45 miles an hour. That conflict
point is fixed. So it's always meant to be a little brighter by IESNA. That's a conflict point in the road. It's
where someone slows down and turns their headlights and all of a sudden bam, there's a pedestrian or
someone crossing that road. It's not that high.
[ can give you a couple of examples when you drive out, you know, on the roadways what 2.0 is
like. If you're on Immokalee Road, look at Ibis Cove or Laurel Lakes, they're not that bright. And they're at
2.8. It's dim. We almost said that's almost too low.
CHAIRMAN STRAIN: Any other questions on Pages 112 or 113'1
COMMISSIONER SCHIFFER: Let me just ask to makc sure I understand because you were saying
it's in the public road.
But essentially what this is where driveways, and now by the changing you're picking up everything,
even an oflice building, any development whatsoever is going to be picked up. Where that driveway goes out
onto the roadways, on the private property side you want a light sourcc that's going to illuminate that
sidewalk at that driveway crossing that driveway, correct?
MR. CASALANGUIDA: Yes, that's correct.
COMMISSIONER SCHIFFER: That's what this is, okay.
MR. CASALANGUTDA: Arterials and collectors.
MS. KOEHLER: Unless the lighting level could already be met by the existing street level lighting,
then they don't have to add anything.
CHAIRMAN STRAIN: And that existing street level lighting that they -- in order to be applicable
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August 28, 2008
would have to not be the average, it would have to be 2.0 or above.
MS. KOEHLER: At that particular point where that conflict occurs, they would take that
measurement. And if they're betwcen two and five then they don't have to add another light fixture.
CHAIRMAN STRAIN: If they take the measurement with the lights on at night, obviously, and the
full moon, does that hclp thcm?
MR. CASALANGUIDA: It does.
CHAIRMAN STRAIN: Yes?
MR. CASALANGUIDA: It does.
CHAIRMAN STRAIN: Well, there's your answer right there.
COMMISSIONER SCHIFFER: Question. Mark, go back to your thing. Why was this necessary?
What happened? Was somebody going around complaining with pedestrians?
MR. CASALANGUIDA: All your POD's from the Eighties to Nineties says, shall provide arterial
level street lighting at the projcct entrance prior to first CO. It was never defined. Then it was defined and
then they wanted clarifications.
And then we brought it down to we don't want it throughout the county, we want it on main roads,
arterials and collectors. So it's been a rcquircment for 20 years, but never defined.
COMMISSIONER SCHIFFER: But what you're not adding is you don't -- you want it now not just
on subdivisions, you want it on every project.
And the concern I have is that you go down, you know, a conventionally zoned strect, there's going
to be multiple projccts, multiple driveways, and now we're going to have multiple lighting on those, where I
really think the lighting should comc from the street system itself And ifthere's a deficiency --
MR. CASALANGUIDA: Good point if you want the county to pay for it and to light those entrance
points. But I'vc got to tell you, when you dcal with pedestrians, they don't decide -- they walk in front of
commcrcial developments as much as they walk in lront of residential developments on arterials and
collectors.
COMMISSIONER SCHIFFER: But what you're not saying is that there's a perceived danger at
these driveways. I mean, these n are people getting hit at night because they don't see?
I mean, the cars coming out if it's nighttime, it's got lights on.
MR. CASALANGUTDA: Well, that's the point. They are. It is a danger. It's a conflict point
identified by, you know, our design standards, FOOT dcsign standards, by International Electrical
Enginecring design standards. They say they're cont1iet points and should be well lit.
Any time a car is traveling 45 miles an hour, slowing dOV,l1 and turning into a driveway, that
entrance should be lit so the pedestrian crossing that road can cross safely.
COMMISSIONER SCHIFFER: Thank you, Mark.
CHAIRMAN STRAIN: Nick, do you have those design standards, you can stick them up on the
screen?
MR. CASALANGUTDA: I do not.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: You know, Nick -- and I would just ask you relative to the entrance
to this administration area here, at night coming in it's darker than all get-out, and what about that service?
That's something there as a good example, isn't it?
I mean, I almost -- I saw the person, but had I not seen this person on a bike, I might very well have
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August 28, 2008
killed somebody.
MR. CASALANGUIDA: The county govemmcnt center would have to meet that requirement per
this code when they do an additional SDP. So that would have to be lit up per our standards as well, too.
COMMISSIONER MURRAY: We never had this in the code before that required it on collectors
and arterials that you had to have adcquate foot candIes?
MR. CASALANGUTDA: It was in PUD's, it's written in PUD's that they had to put them in, because
that was always a concern if a project entrance is commercial or residential.
And our codc said developments, and that was always an argument point, or subdivisions. And we're
trying to clarify that on all arterials and collectors, any conflict point where a pedestrian can eomc in and out
of should be adequately lit.
COMMISSIONER MURRAY: How will this, and if it will, correct the condition that I just related?
MR. CASALANGlJIDA: It will. You'll have to have lights there, so when you pull around you'll see
COMMISSIONER MURRAY: Retroactively?
MR. CASALANGUIDA: As they update through SOP's and SOP amendments.
COMMISSIONER MURRA Y: Will the county be updating its SOP n
MR. CASALANGUIDA: Yes, it is.
COMMISSIONER MURRA Y: -- lor the campus?
MR. CASALANGUIDA: Yes, it will.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay, this is not EAR-based. And I'm real concerned about language that
comes out of GMP and EAR references and how they're interpreted and brought into the code.
We'vc made some mistakes, and they're now coming to light from a year or two ago. We'll soon be
hearing about those on this board, unfortunately.
I don't want to make a mistake herc. I know it's not EAR-based, but I would like more data on --
myself personally. And I don't know what the rest of this board n if you all feel eomfortable, fine, you can
vote on it
My recommendation today would be to provide the basis and the traffic codc that Nick is referring
to that recommends this candle powcr at these intcrsections. And I don't mean giving us a 300-page book,
just the parts that pertain to this so we haven't got to read 300 pages to get to the meat
I would like to see that beforc I make a recommendation on this. I don't know about the rest -- go
ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: And I would too, Mark.
And the concern I have is that we'rc taking a requircment that is to be the entrance of a subdivision
and now we're applying it to essentially multiplc lots which eould bc vcry close.
So I would like to see if it applies, if it's recommended to individual building lots also.
CHAIRMAN STRAIN: Have you thought of how to address the proximity, or did I miss that in
here, of other -- say you have multiple commercial parcels with driveways coming on a collector? Would
you want a light along each one of those, or would they benefit from the lights of their neighbors in the
spread of the candle powcr?
MS. KOEHLER: Along cach ofthosc drivcways?
CHAIRMAN STRAIN: Along each of the intersections where they -- the conflict point.
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MS. KOEHLER: I think what we'rc trying to do with that new language that you're seeing in the
shaded gray area is that if they can show through a field measurement photometric plan that that lighting
level at the conflict point is two or five, they don't necd to add an additional structure.
CHAIRMAN STRAIN: So if someone in a multiple drive n say a eIosc pattern of commercial sites
together, they have multiple openings going on thc roadway, ifthcir ncighbor puts their light up first, they
may benefit from their neighbor's light?
MS. KOEHLER: I suppose it's feasiblc. I can't imagine that the driveways would be that close that
one light at somebody's intersection. Chances are it would be another streetlight that would benefit that next
property.
CHAIRMAN STRAIN: What do you believe the cost is to put one of these lights in, including the
engineering, the process through the county, the underground conduits, the metering light box, if needed, and
the light fixture and post itself and installation? Do you have an estimatc of the cost?
MS. KOEHLER: No, sir, we don't. But we could get that tor you, if you'd like.
CHAIRMAN STRAIN: I think that would be important to have when you come back. Because in
times like this when we're imposing additional costs on very, very small businesses, as this could be imposed
upon, I think that would be important to know.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Also, I think the operation of it. It mean, we're -- the state actually
said we should be doing energy efficient judb'l11ents in the code. I mean, I'd like to see what this is doing in
terms of energy usc. Because if you add a lot of these lights, it's going to be a lot of cnergy.
CHAIRMAN STRAIN: I agree.
MS. KOEHLER: Okay.
CHAIRMAN STRAIN: Is that comfortable with everybody on the panel?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay, thank you. We'll see you during the rewritc.
Oh, are there any speakers on the public on this issue before we stop this issue today?
(No responsc.)
CHAIRMAN STRAIN: Okay. Thank you very much, Lisa.
Next item on today's agenda is starting on Page 139. And it is the 1.08.02 definition for passive
recreati on.
MS. FABACHER: Mr. Chair, I do have kind ofa presentation of just dit1erent -- from different
jurisdictions, the definitions they have for passive parks, if you're interested in seeing that.
CHAIRMAN STRAIN: Are you making the presentation on this one?
MS. F ABACHER: I can.
CHAIRMAN STRAIN: Well, somcone has to, so I guess if you're -- whoever's going to spcak on it,
then let's do what you need to do.
And Catherine, this is not EAR-based?
MS. FABACI-IER: No, sir. This was back in 2006. And a definition of passive recreation was
included when wc lookcd at all thosc Conservation Collicr lands amcndments. And a lot of stuff got struck.
And the one thing the board said was bring back that definition, you know, we like that definition.
But no, it's not EAR-based, so --
MR. SCHMITT: But it was board directed.
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CHAIRMAN STRAIN: Understand. I just want to make sure we're clear, because if it's EAR-based,
then I would like to see the language. If not, I understand.
You know, thc drop-down menus in bubbles like that, you can makc that not happen under the new
office program.
MS. FABACHER: I don't know exaetIy how to do the --
CHAIRMAN STRAIN: Just thought I'd mention it to you. Right click up on your top left icon.
MR. SCHMITT: Yeah, this is thc new one here.
CHAIRMAN STRAIN: No, the one next to it. Anyway, it doesn't matter. I was just -- it's a neat new
program, but it takes a lot ofleaming.
MR. SCHMITT: Yeah, it's thc -- wherc is this thing?
CHAIRMAN STRAIN: It's next to the icon -- there, up, up, up. Right click thcrc. And it says
minimize the ribbon. There you go.
MR. SCHMITT: No, but I want to go to slide show.
CHAIRMAN STRAIN: Oh, I thought you were j ust trying to minimize the n
MS. F ABACHER: Thank you, Joe. Some of us haven't quite converted yet.
I'm not going to tell you which one is -- I mcan, you know for yourself what we've suggested.
MS. ISTENES: Catherine, can you give a little background on why we're looking at this now? I
believe this was BCC-directed, is that correct, some time ago?
MS. F ABACHER: Somc timc ago. And likc I said, it was part ofthe Conscrvation Collier stuff.
Some of it got deleted.
And the one thing in -- that's what I said, the one thing in 2006 cyclc was they said, but we do need a
definition, bring the definition back in, you know, the next cycle or so. So actually, I think it was in '07.
I'm sorry, Susan, that's the only --
MS. ISTENES: Tell them. I know. I wa~n't sure the board knew.
CHAIRMAN STRAIN: We heard her.
MS. ISTENES: But yes, this is the -- the reason it's before you is the BCC wanted us to come back
with a definition for passive recreation.
CHAIRMAN STRAIN: Now what is this slide that you've put on the --
MS. F ABACHER: What I have here is just examples from othcr jurisdictions and what they've used
for passive recreation. And somewhere mixed in here is ours.
Okay, so non-motorizcd recrcation, not requiring development, not requiring any alteration of
existing topography. Such passive recreation shall include but not be limited to hiking, hang gliding,
bicycling, picnicking and bird watching.
Anothcr one: Recreation activities that generally do not require a developed site include such
activities as hiking, horseback riding and picnicking. Recreation involves existing natural rcsources and has
minimal impact on the habitat.
Those recreational pursuits whieh ean be carried out with little alteration or disruption to the area in
which they're performed. Such uses include but are not limited to hiking and picnicking.
The point of all this is to show you what definitions other people have used. And it's pretty generic.
And I think that's what we want is a generic. Because specifically, Conservation Collier lands does state in its
own provisions what are the allowed recreational use -- you know, passive recreational uses.
The Parks and Recs talk about passive recreational uses. And their idea is completely different from
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-- this is the problem. We just really need a generic. Because in their own sections they provide what they
consider to be passive recreation.
Activities characterized by natural resource emphasis in non-motorized vchicles. These activities are
deemed to have a minimal negative impact on natural resources or are consistent with goals for habitat
conservation. Examples of passive recreation include but are not limited to bird watching, nature study,
swimming, pienicking, hiking and fishing.
That is actually ours with a little modification.
Just rccreational activitics that generally do not require a developed site. This generally includes
such activities as hiking, horseback riding and pienicking.
A non-motorized activity that offers constructive, restorative and pleasurable human benefits and
fosters appreciation and understanding of open space and its purposes.
A non-motorized activity that is compatible with other pa~sive recreational uses. Does not
significantly impact natural, cultural, scientific or agricultural values. Requires only minimal visitor facilities
and services directly related to safety, and minimizes passive rccreation impacts.
Generally an undeveloped spacc or environmentally sensitive area that requircs minimum
development. Passivc recrcation areas provide for the health and wellbeing of thc public for the preservation
of wildlife and the environment.
The quality of the environment and naturalness ofan area is the Ioeus of the recreational experience
in a passivc recreation area.
An area ofland set aside lor public use. A piece ofland with few or no buildings within or adjoining
a town maintained for residential and recreational or ornamental purposes.
A landscaped city square. A large tract of rural land kept in its natural statc and usually reserved for
the enjoyment and recreation of visitors.
CHAIRMAN STRAIN: Just to save the court reporter from having h
MS. FABACHER: Wcll, that was my la~t one.
CHAIRMAN STRAIN: Okay, I think we get the drift. Boy, they're all pretty ambiguous, aren't
they? You need the mie. if you're going to talk, Catherine.
And I think this board experienced thc h lct's say the flexibility of the word passive recreation when
wc had I think it was thc Cocohatchee Bert Harris claim project in which we had a multiple page listing of all
the different things that could or eould not happen there under the word passive recreation.
So it's probably important we understand what this mcans.
MS. F ABACHER: Well, as I mentioned earlier, trying to get a definition, which we tried to do the
last time we worked on this, trying to get a definition that could be agreed upon by Parks and Recs,
Conservation Collier lands and also the environmental peoplc, beeause they have passive recrcational uses in
preserves, so -- but as I mentioned, each one of them lists within their own provisions and rcquirements
exactly what the uses are. So this is more or less a generic.
CHAIRMAN STRAIN: Wouldn't have we -- I mean, to benefit this board, it might have been
helpful to know two things. See the list that Conservation Collier thinks is passive. And I would certainly
like to see the list that Parks and Recs thinks is passivc. And then understand the differcnces betwcen the two
to help come to a conclusion that might give definitiveness.
This particular definition I don't think still tells us anything. It seems pretty vague and ambiguous in
the way it's written. And I would rather scc -- rathcr look at a -- maybe even considcr a listing with some,
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like we do in our zoning districts, with some conclusion at the end that allows some flexibility to reinterpret
that listing by either a board or administratively, depending on the intensity of it. But this is pretty flexible.
Ms. Caron?
COMMISSIONER CARON: And if -- and there may be really truly valid reasons why thc lists will
vary between Parks and Rec and Conservation Collier. For example, perhaps wc need to reference that
somehow here at the very minimum.
MS. FABACHER: I think that's a good idea. My thought was just to be very generic like everybody
else is, and thcn wc can referenee for Parks and Recreation, sec section yada yada--
COMMISSIONER CARON: I think we need to see those.
MS. F ABACHER: -- Conservation Collier lands.
CHAIRMAN STRAIN: Ms. Caron's right, we really need to see what each -- as many entities as
you believe have input in this and what they think is passivc that you can collect, I'd like to see all those.
And I think that the Bert Harris claim that we had that we actually accepted some uses as passive,
whether right or wrong, I think we ought to see those too to get a good fcel about the magnitude of what
issues there are out there.
I for one would rather see definitiveness in the code than lack of that. Beeause lack of that always
means developers or his attorney is going makc intcrpret it onc way and make a good argument if it isn't
clear. And then we're going to be sitting in a position trying to defend that. And I'd not be in that position. I'd
rather say this is what we have, this is it, and it's pretty defined. And where it isn't, therc's some kind of a way
to address that.
So that's my take on this paragraph that is in front of us here. So does anybody else have any
comments?
Mr. Kolflat?
COMMISSIONER KOLFLAT: Wcll, also, Mark, we might have them look at thc Kcewaydin
project that wc reviewed some time ago, because I belicve they referenced passive recreation.
CHAIRMAN STRAIN: Good idea. They were looking at a complete club operation as passive
recreation with structurcs and I don't know how many pcople. So maybe all those things ought to be
considered in a listing to us and then we can help understand how this would either change that.
And maybe you could tell us as we look at that list what items on there this definition would mect
and what items thcy wouldn't. And then we would better understand the definition and maybe build
limitations into it so we wouldn't have any ambiguity in this, or at least less ambiguity than we have now.
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, maybe a suggestion of what would be prohibited or would not
be would be more helpful than this, which is rather --
CHAIRMAN STRAIN: Might be. Might be another way to look at it. Wc'd have to -- but I think we
kind of need to get a better handle on it than just the statement that's here, so that's my thought.
Mr. Murray?
COMMISSIONER MURRAY: Yeah, I wish I could remember the PUD, but I do remember a PUD
we dealt with that actually called for the ereation of a passive park or passivc recreation park. And you have
natural resource emphasis, so there might be something there which you want to look at as welL
MS. F ABACHER: Okay.
CHAIRMAN STRAIN: Any othcr questions from the board before we hear any public speakers?
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August 28, 2008
(No response.)
CHAIRMAN STRAIN: Okay, are there any public speakers on this particular matter?
Two of you guys seem to be moving around. Okay, Bruce and Doug, one of you take a mic. and the
other just wait till one's finished.
MR. KLATZKOW: I want to seethcm disagree.
MR. ANDERSON: Good morning, Mr. Chairman, Commissioners. For the record my name is
Bruce Anderson, from the Roetzel and Andress law firm. And with me today is my partner, Doug Lewis.
Mr. Lewis and I are here for two specific clients on two different amendmcnts which we will state at
the time when the amendments come up.
We're also going to be commenting on other amendments as well, but not on behalfofa client yet
Some of these proposed amendments simply cannot go unchallenged, even if the market is slow and
people are not paying attention. I'm going to ask Mr. Lewis to go ahead and addrcss the passive recreation
definition.
CHAIRMAN STRAIN: Thank you, sir. You're the intro and Doug's the cntertaimnent, huh?
MR. LEWIS: Well, hopefully we'll be entertaining.
For the record, I'm Doug Lewis, an attorney with thc law firm of Roetzel and Andress. I am a
registered lobbyist.
I appreciate the comments by my partner, Brucc Anderson.
This amendment that we're looking at today addresses the issuc of what can and cannot bc done
within a preserve area. Allowable uses within a preserve area are limited to passive recreational uscs and the
receipt of treated storm water. And that's per the Comprehcnsivc Plan, Policy 6.1.1.5.
And the first thing I want to addrcss herc is that staff is seeking to define passive recreational uses.
Just a minor comment, the definition is labeled passive recreation, not passive reereational uses. We
should -- as referred to in the Growth Management Plan. And as a lawyer, it's important that we keep the
terms the same to avoid a confusion later about what we're referring to.
More importantly, when we think about the word that was omitted, the word uses, I think it's
important to think about a distinction bctween uses in a land development eontext and regulating human
activity within a preserve arca.
The Comprehensive Plan addresses the type of development, quote, unquote uses, not human
activity that can occur within a preserve area.
Use regulation in the context of land devclopmcnt regulation, e.g., when someone comes in for a
building permit, what can you put in the preservc area, what can you construct, what can you not construct is
very distinct from regulating once the construction, the activities are put there, the boardwalk or the
pathways put there, what you can do within that preserve area. And there's a very important distinction there.
Per the element dealing with the -- the conservation coastal element 6. I.] 5, the land development
regulations will also provide eriteria to define appropriate passive recreational uses. The emphasis in the
Comprchensive Plan is placcd on land development regulations. And that's important.
Staff goes well beyond development standards in a land regulation context, what you can build, what
you can't build, and they get into rcgulating hun1an aetivity within a prescrvc arca.
In my opinion the Comprehensive Plan did not contemplatc thc issuance of a code violation, for
example, when someone flies a motorized model airplane over an urban preserve area, or where a disabled
person takes an eIeetric scooter on a nature trail boardwalk, or where a motorized activity is utilized to
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August 28, 2008
construct or maintain improvements such a~ a boardwalk or a pathway within a preserve area. They're very,
very distinct types of regulation.
The third point I'd like to make is that what -- and if you look at the Compo Plan, it really doesn't jive
with the defInition. In their defInition that staff is proposing, they're looking at passive recreation as activities
that are characterized by a natural resource emphasis.
Well, what does that mean? Does -- the definition, for example, lists swimming among other
examples. Again, these are human activities that are examples of passive recreational uses. Is swimming
something that one would say in a fair contcxt it would be an activity that would be characterized by a
natural resource emphasis per the defInition of passive recreation per the county?
I'm not sure that we can say that swimrning has a natural resource emphasis. It may be something
that's fun to do on a hot day, but I think that's rcalIy not a fair characterization of swimming as being
something that has a natural resourcc emphasis. Again, they're getting into the area of regulating human
conduct or activity within the preserve.
Swimming can occur within a natural resource. It's not the cmphasis. My point is that defIning
passive recreational uses as uses that are characterized by a natural resourcc emphasis goes well beyond what
the Comprehensive Plan intended. Again, the Comprehensive Plan, if you look at the language on the board
CHAIRMAN STRAIN: You need to slow down a little bit.
MR. LEWIS: Sure.
If you look at the language, the emphasis again is on land use regulation. Again, regulating what's
constructed within the area.
For me, I think that eoncept works. If we limit the regulation to what we can and can't build, I think
that works, based on the Comprehcnsive Plan. Aren't wc really saying that passive recreational usc are any
uses that do not impact the minimum required vegetation or cause loss of funetion?
I put up on the sereen here the language right out of the GMP. And it rcally is -- the primary issue or
the impetus here is to protect the minimum required vegetation or to prevent loss of function on the preserve.
If that's the standard that's set out in our own Comprehensive Plan, then I would suggest that we say that in
our defInition.
And as such I've put a proposed definition that would address some of the eoncerns that you have
about Bert Harris, when we start getting into a litany of human activity or conduct in the Land Development
Code.
We're not talking about the Code of Ordinances where we say under police powers there are reasons
why we don't want these kinds of things happening in certain parts of our county.
But in the land development context, I think that if we look at passive recreational, we could say that
it would constitute any use having minimal negative impacts on the minimum required vegetation or that
does not cause a loss of funetion in the prcserve area or that is consistent with preservation, enhancement,
restoration and maintenance goals for the purpose of habitat conservation.
I think that's morc consistcnt, if you look at what the GMP Criteria 5 under Policy 6.1.1, subsection
five, that really meets the intent of what the GMP would do. And that would be my recommendation to staff.
CHAIRMAN STRAIN: Well, it's better, but I'm still concerned about some of it. And I certainly still
would like to see what various possibilities could come out of this and how they would fit. That exercise I
think would go a long way to understanding the defInition.
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Your first minimal negative impact, and I keep looking at words like minimal. I know the second
minimum, where it says the minimum vegetation, that's a defined element. You can to the LDC and you can
see what your required vegetation is. But how do you define minimal negativc impact? Is it defined in the
LDC anywhere?
MR. LEWIS: Not to my knowledgc.
CHAIRMAN STRAIN: Then we get back into the same argument, whcre you come in with a client
who you decide that this negative impact you may have is minimal, but someone in staff most likely will say
it's not. And then we get into the fight that we're trying to avoid by having this dcfinition.
So you're in a better -- I think this is better than what we have, but it's not as good as I think it needs
to be.
MR. LEWIS: Yeah, I think what we're really driving here is that I think if you look at the GMP, the
thrust here is regulation ofland development construction. It in no way extends to regulation of human
conduct within a preserve once the improvements are constructed, once the boardwalk -- thc example I gave
is a gentleman who wants to go out and fly a remote control motorized airplanc over a preserve or someone
who would like to go out on their Lark or their machine to be able to enjoy the preserve area.
That's conduct within the preserve, and that's not what the GMP n
CHAIRMAN STRAIN: Put your prior page up there first, because I think the second sentence you
higWighted actually does what you'rc now saying it doesn't.
The first highlighted sentence does regulate and address various types of construction compatible
with thc preservc.
The second sentence says the land development regulations will also provide criteria to define
appropriate passive reereational uses. Now isn't that what you're saying it doesn't say?
MR. LEWIS: That's in the context of construction uses in terms of what you can construct and what
you can't construct, not what specific activities can occur within a constructed n
CHAIRMAN STRAIN: Well, Doug, ] think there's a bone of contcntion. It says the land
development regs will also provide. The word also means it's in addition to what the prior scntence would
entertain.
MR. LEWIS: Sure, there's some take there. But I think thc cmphasis is the land development
regulation. Normally when you talk about regulating, for example, noise or sound or things, you would look
at poliee powers in an ordinance context, not necessarily in a land use context where you're talking about
construction, what types of things can be put into an area, what kinds of things cannot be put in an area.
And I think that when you start getting into regulating human conduct, what type of activity is
permitted, what type of specific human eonduct is not permitted, that goes beyond I think what the GMP
contemplated. That's an argument now, maybe a disagreement, but I think that's --
CHAIRMAN STRAIN: Well, I think we have two separate sentenees addressing two different
issues. But regardless, I think the whole point here is that what we have in this definition doesn't quite get us
there. I think what we need is to go through the exercise of the examples that we can gamer and put together,
and then staff needs to be, when this -- however this is written and whoever wrote it, it would be important to
correlate it as closely as you possibly can to the language in the GMP. Then we're safer all thc way around.
MR. LEWIS: So yeah -- and I think that that -- you know, again, in the context of appropriate uses,
the criteria could be, you know, the type of boardwalk or the type of materials or how it's built. Once you
define what's an appropriate use, I think there's lots of things you can do in the Land Development Code to
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August 28, 2008
deal with how you construct it, what you can and can't construct.
But again I think this is -- I just wanted to artieulate that this is well beyond development
restrictions. This goes into regulating conduct within that preserve.
CHAIRMAN STRAIN : Well, one of the other examples of passive recreation, you use the example
of swimming. Well, someone might make the argument that, well if swimming's an allowable use, the only
way you can do that is in a swimming pool, that means we get to build a pooL And I would hate to see that
argument come forward.
Any other questions from the Planning Commission?
(No rcsponsc.)
CHAIRMAN STRAIN: Is that the last public speaker?
Okay, I think you've got enough direction, Catherine.
MS. F ABACHER: I do.
CHAIRMAN STRAIN: Okay. You had your hand up for something, is that just to aeknowledge?
MS. F ABACHER: Well, what I wanted to say wa~ that the provision in the GMP that Doug cited
had to do specifically with preserves, passive uses and preserves. And I think that Barbara and Bill do at
some point in thc GMP address specifically that.
But then you've got Parks and Recs. This is the problem.
CHAIRMAN STRAIN: Wcll, bring back everything as we've described that pertains to this and let
us try to ehew on it for a while and comc baek with something that fits.
Mr. KolfIat?
COMMISSIONER KOLFLA T: Yes. Can they bring back those two pagcs of the GMP that they just
put on this visualizer?
CHAIRMAN STRAIN: Sure, yeah, wc can have that come back.
Any parts of thc GMP that relate to this, it would be good to see those as welL
This small paragraph ",ill have huge impacts across the county if it's not done right. So I think we
need to spend some more time on it and make sure we got it nailed down as tight as we ean.
Okay, just for the sake of everybody's understanding, at 11 :45 we're going to take an hour break for
lunch. So with that in mind, we'll proceed on with the rest of it.
The next item is on Page 157. It's 3.05.05, criteria for removal of a vegetation with a nest.
MS. BURGESON: Good morning. For the reeord, Barbara Burgeson with Engincering and
Environmental Serviccs.
CHAIRMAN STRAIN: Barbara, before we go too 1m, just so I -- we need to know if -- I don't
believe this is EAR-based, so you don't have an EAR reference to put on the screen for us, or do you?
MS. BURGESON: This was directed by the EAC -- I'm not sure I'm speaking loud enough. This
was dirccted by thc EAC and the Planning Commission in thc last cycle, and continued to this cycle beeause
we were not able to completc it.
So it may not be directly related to any of the EAR-based, but it is direction from two advisory
boards.
CHAIRMAN STRAIN: Right, and I know. I just want everybody to star! out with a definition of
that, how it got here. And if it is EAR-based all then we would want to do is see the language on the screen.
So thank you.
MS. BURGESON: You're welcome.
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Do you want me to go through this or do you --
CHAIRMAN STRAIN: If you want to -- if you have a presentation to make, we're certainly willing
to hear it, then we'll go into questions, or however you want to approach it, it's up to you.
MS. BURGESON: Well, I guess maybe the easiest way is just to provide you with the background.
And that was -- it star!ed -- it came to our attention with the removal of an eagle's nest that was on a
single-family home, and it was determined by thc state that the nest was -- the structure was not a nest and so
they were given permission to remove the tree.
Our staff and members of the public, members of the Planning Commission and members of the
EAC questioned the authority for that to oeeur without Collier County becoming involved and providing
additional protection or providing protection for that eagle nest trce.
So we went through our code, took a look at the language, identified that there really was a couple of
small areas where there were loopholcs in the system, and we wanted to make surc that we were going to fill
those by providing the additional protection.
Also, the second part of this is that whcn the code was recodified several years ago, a definition was
simply left out of the code. So we wanted to make sure that that definition was put back in the code. And
pulling it back in, wc modified it slightly to make sure that nest trees such a~ eagle nest trees could be
protectcd if those trees were dead. Otherwise, dead trees were provided no protection. But we do have some
listed species or protectcd spccies Ior eagles utilizing dead trees. So we wanted to make sure that we captured
that in this amendment.
So the first change on Page 159, to add proteeted vegetation, is direetly from the pre-recodified code
or pre-codified code, with one cxception, and that's to identify that dead woody plants having ncsts or
cavities of listcd animal speeies or bald eagles would be protected.
And the application there would be that you would just be required to go to the vegetation removal
seetion of the code and identify when a permit would be neeessary and when a permit could be issued.
So if you look on Page 161, we've added criteria to the criteria for removal of protected vegetation,
which is 3.05.05. And P is the letter that identifies the protection provided to -- or the criteria provided to
allow, limit or not permit the rcmoval of vegetation with either listed species or with eagle nests.
On Page 162 we are just adding some language to the application to provide for additional
information for staff to make the evaluation so that we know if listed species are on-sitc.
And then on Page 163 we are providing for fines under the enforcement and penalties. And these
fines are written specifically to bald eagle or listed animal species, with the subject fines being up to 5,000,
which was the limitation that we were told through thc county attorney's office wc could apply. We could not
apply a higher fine than that. And that line would be determined or decided by either the special magistrate
or the Code Enforcement Board.
CHAIRMAN STRAIN: Okay. Thank you.
We'll start from the beginning and work our way through page by pagc. And we'll star! on Page 157.
Anybody havc any questions on Page IS7?
(No response.)
CHAIRMAN STRAIN: Go to Page 158. Questions?
(No response.)
CHAIRMAN STRAIN: I have one on your fiscaL Do we know how much the permit will be? It
says it will be required but it doesn't tell us how much it will be.
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August 28, 2008
MS. BURGESON: It's just a regular vegetation removal permit.
CHAIRMAN STRAIN: Do we know how much the vegetation permit is?
MS. BURGESON: Vegetation removal permits are $250.
CHAIRMAN STRAIN: Okay. From now on, staff, if they know a price like that, why don't we just
put it in here --
MS. BURGESON: Okay.
CHAIRMAN STRAIN: -- thcn we can be donc with it.
Is there any additional paperwork required on the part of the property owner in regards to cost?
Would they have a study necessary or they simply have to come in and tell you there's a dead tree on the
property?
MS. BURGESON: No, we -- on singIe-lamily homes we do not require listed species surveys. This
would just be if they have a known tree.
CHAIRMAN STRAIN: Okay. Page 158. Anything else?
(No response.)
CHAIRMAN STRAIN: Page 159 h
COMMISSIONER MURRAY: Whoa, whoa.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: They come in if they havc a known trce. What about the
underbrush? Not just cavitics in a trce, but thc groundcovcr. Are they obligated to know that or -- you limited
your statement to a tree, and this is lilt beyond the tree. So in the case ofthe singlc-family.
MS. BURGESON: Wcll, the protection is afforded to trees, shrubs and groundcoverthat have nests.
So for instance, if the trce is an eaglc's ncst trec, this docs not identify protecting the grass from being mowed
if they can get permits from the agencies to do that. That would be something that they need to get teehnical
assistance from the agencies.
This would apply, for instance, if you have shrubs that have scrub jay ncsts in them, or groundeover,
it applies where we have gopher n small gopher tortoise burrows that are actually eompletely covered in
somc cascs by small groundcover and we know by surveys that they arc thcre. We want to make surc that the
immature or the juvenile gopher tortoise burrows are protected and that those areas are not just mowed.
COMMISSIONER MURRA Y: You know by surveys that the tortoise is there. But you also
mentioned a jay or woodpcekcr or any number of othcr -- are all of these species known? Do we have
records on every parcel ofland in this county relative to where improvements can be made?
MS. BURGESON: Thcy are idcntified by jistcd spccies surveys when they are on projccts that come
in for review.
COMMISSIONER MURRAY: No, I'm talking only about single-family homes is all I'm limiting to
myself at this time.
MS. BURGESON: Right. Single-family homes we are at the mercy ofthe property owner. And
usually it's the adjacent property owners that know and notiJy us.
And for instance, on cagle nests, they are reported and they were mapped on a GIS system with the
county. So for every known bald eagle nest that's in the county, and like I said, a number of them are
provided to us from single-family property owners, they call in, they either call in to the state or they call into
the county.
As soon as we have that information, we put that into the GIS system and map it with a protection
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zone around that. So if a building permit comcs in on that property, that's flagged and notified to
enviromnental stafTto provide some additional rcview of that application.
COMMISSIONER MURRAY: So then the homeowner, the potential homeowner or the builder of
that premises has at least a chance of not being caught in a gotcha; is that correct?
MS. BURGESON: If thcy've done their homework and come to the county and asked for
information. Or if thcy've just taken a look at the property, it's pretty easy to identify those nests.
COMMISSIONER MURRAY: If you had a bald eagle's nest located there and the eagle's
abandoned it, isn't there a live-year window that that nest is to be protected?
MS. BURGESON: Thcrc is a five-year window that protects the nest and then there's also -- there's
also protection for two years for nests that are partially destroyed. So there's a couple of different levels of
protection afforded to that eagle nest.
Thc protection zones have been reduced as a result of the bald eagle management plan that the state
approved on April I I th of 2008. So there's been some modifications to that since the eagle was de-listed.
COMMISSIONER MURRAY: I admirc the fact that we want to protect animals. I certainly agree
with that. But I think we also have to have a balance and protect the people who might unknowingly,
unwittingly go in and do somcthing and then be nailed for $5,000. I hope that we have the --
MS. BURGESON: Right, which is why there's criteria on Page 161 that says that a vegetation
removal permit can bc issucd if the principal structure cannot be construeted or if all aeecss to the property is
impeded.
And that falls under the vegetation is located on a single-family lot and is located in such a manner
that either the principal structure cannot be eonstructed.
And then there's also safety issues in here, too. The protected vegetation poses an imminent threat to
human safety or an adjacent principal or accessory structure.
So ifthey're concerned that there's imminent safety issues on that single-family lot, then they ean
request a permit to -- it can bc issued under that criteria.
COMMISSIONER MlJRRA Y: Okay, we'll continue to listen.
CHAIRMAN STRAIN: Barbara, you had said you keep track of some of these, this information, so
if you have sorncone report a gopher tortoise burrow, sayan a property that they've seen it on, you're able to
keep track of that in your records at the county and you note that the property that they said they saw it on is
flagged so that it's protected?
MS. BURGESON: It's flagged for informational purposes. Gopher tortoise -- for instance, when thc
wetland surveys are done out in Golden Gate Estates and our staff notices or recognizes listed or protected
species on the propcrty, thcy will come back in, they'll notify the property owner because that is being --
that's usually identificd through an application process. And then therc's a red flag or notification placed on
the property a~ welL So --
CHAIRMAN STRAIN: Let me try to rephrase it. So staff goes out -- because you had previously
said a neighboring property owner. I'm not sure what you mean now. Is it staff or a neighboring property
owner?
MS. BURGESON: Well, staff goes out when the property owner asks or requests a permit for
Golden Gate Estatcs wetland permit.
CHAIRMAN STRAIN: Okay. But a neighboring property owner wouldn't request a pcrmit on their
neighbor's property. They would be requesting it on their property. So you meant the property owner, not the
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August 28, 2008
neighboring property owner?
MS. BURGESON: In both cases. You could have a property owner who just happens to know that
there is an eagle's nest or listed spccics on-site and they will contact us.
CHAIRMAN STRAIN: Let's talk about a gopher tortoise burrow.
MS. BURGESON: Okay.
CHAIRMAN STRAIN: Neighboring property owner calls your department and says there's a
gopher tortoise burrow next door on land ncxt door to mc. And you send staff out to investigate that gopher
tortoise burrow?
MS. BURGESON: Not at that time.
CHAIRMAN STRAIN: What do you do?
MS. BURGESON: We would make notation in the CD-Plus or the computer system that it had been
reported, but we would make notation that it had not been verified at that time.
CHAIRMAN STRAIN: What does that mean that you made notation in the file?
MS. BURGESON: That means that when the property owner comes in, they are just made aware
that that note is in the file. It doesn't stop the building permit from bcing issued. Gopher tortoise permitting
on single-family homes doesn't go through our county staff revicw at this time. And so it would just be up to
the homeowner to eontaet the state and make sure that they've got all the neeessary permits.
CHAIRMAN STRAIN: Why would the homeowner have to contact the state if the -- you've got a
neighbor who sees a hole in the propcrty next door. I Ie doesn't want to see developmcnt happen there very
readily.
So he calls your department -- because if this works, I'll call on all my neighbors' lots and say
Barbara, I saw a bird fly on this lot next door.
You'll note in the file that there's a problem or there might be a problem, and that elevates that
homeowner's ability thcn to get a pcnnit bccausc they're now adviscd they have to go to another agency to
seek a process --
MS. BURGESON: No, it doesn't--
CHAIRMAN STRAIN: Then why do we even put such notations in the file? They'rc not done by
profcssionals is what I'm getting at.
MS. BURGESON: It does not hinder the review process of the building permit, nor the issuance of
the building pcrmit.
CHAIRMAN STRAIN: Thcn why put it in the file?
MS. BURGESON: It's to the benefit of the property owner. If the property owner has some notation
that there may be listed spccies on the site, if we suspcct that therc arc listed species on the site, then it would
be to the benefit of that property owner to at least take a look at that and eontact the state. It's very simple to
speak to the local officc.
CHAIRMAN STRAIN: Barbara, there isn't a piece of property in this eounty that someone wouldn't
say there might be something on the site. To flag lots because unprofessionals call in and just drop a dime on
their neighbor or on some empty lot I don't think is appropriate for this county.
I didn't know your department was doing that. I'm shocked that it is.
MS. BURGESON: I can't tell you of more than maybe two times that that's happened in the 20 years
I've been with the county, so it does not happcn very often.
CHAIRMAN STRAIN: Wcll, if it's -- I don't know how we would have -- I don't know why it
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6
August 28, 2008
would even be considered from unprofessionals. I mean, if you had a survey that says there's property --
either it's there and it was verified, that's one way to approach it. But unsolicited non-professionals, I'm not
sure that's a good practice to be in for a property owner next door.
We're on Page 158. Move to Page 159. Any questions on Page IS9?
(No rcsponse.)
CHAIRMAN STRAIN: I havc a suggestion for your vegetation protected definition.
It says, any living woody plant, tree, shrub or groundcovcr and any dead woody plant, tree, shrub or
groundcover that has a nest.
I would suggest dropping out or cavity and leave in of a. Drop out listed species, see Section 3.04 or,
and include bald eagle. And then continue with it.
The whole purpose of this exercise is to address the bald cagle ncst, not any dreamt up listed species
that we haven't had historic problems with. Nor does a property owner or non-professional readily know that
they have a problem. Because as you have already said, those aren't generally surveyed; they aren't listed like
a bald eaglc's nest is.
So if this wanted to get back to the bald eagle's nest, I would be in favor of it. But I'm not in favor of
the broadness ofthis and the way it's written now.
Mr. Murray?
COMMlSSIONER MURRAY: I agree with the Chairman.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: And I think that's what we had asked for when we sent it back the last
time.
CHAIRMAN STRAIN: We did.
COMMISSIONER CARON: We said that the issue was the bald eagle nest, not animals that people
can't find.
CHAIRMAN STRAIN: I agree. And this whole process, and it's redundant on the following pages,
too, it goes beyond the bald eagle. And I honestly don't think that's what we're trying to do, and that was what
spurred this whole issue.
On Page 159, I've suggestcd some changes. You focus back on thc bald eagle nest issue. Does
anybody have any concerns on this panel?
COMMISSIONER CARON: I think it should come back and focus in on the issue that we had
asked about.
CHAIRMAN STRAIN: I do too.
MS. BURGESON: The EAC also had concerns on listed species. If you want, we could add just the
specific list of animals, and that would include cagle, rcd-cockaded woodpeckers, Big Cypress fox squirrels,
scrub jay, Caraeara, and wood stork --
CHAIRMAN STRAIN: Barbara, you might as well stop. Lookit, this whole thing started because a
neighborhood person in a residential home cut down an eagle's nest. I was outraged at it, as I think a lot of
people arc.
To develop it into something more is going to get that to f'ail. And r don't think we want to see that
fail. And I'm steadfastly against what you're suggesting here today. So that's -- you ean go on with rcading
your nest (sic) but I don't thing it's n
MR. SCHMITT: I need to clarify. This is not staff' -- we're bringing to you the changes that were
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August 28, 2008
made by the EAC.
CHAIRMAN STRAIN: Joe, I don't care.
MR. SCHMITT: But I want to make sure your lrustration is targeted at the right direction --
COMMISSIONER CARON: Duly directed. Duly directed, yes.
MR. SCHMITT: Okay, thank you.
CHAIRMAN STRAIN: Any other qucstions on Page IS9?
(No rcsponse.)
CHAIRMAN STRAIN: And then Page ]60 and ]61.
COMMISSIONER CARON: I think we're at bringing it back, so--
CHA]RMAN STRAIN: Yeah, that's finc, I have no problem with it.
Brad?
COMMISSIONER SCHIFFER: I have something new on 16 I. Since we're discussing now we're
actually bringing in dead vegetation for thc first time. Should -- up in P where it says removal of the living or
dead, my thought is add the word standing. Because if the tree falls over, is it still part of this category?
In othcr words, eagles do tcnd to livc in dead trees. So the wind can knock the trce over. So my
thought is add the word standing vegetation or something else. Because ifthc trec falls over, you certainly
don't mind them removing it, do you, unless an endangered lTog moves in or something?
Right, Barbara? I mean, do you see my point?
MS. BURGESON: I understand your point.
CHAIRMAN STRAIN: Mr. Klatzkow, before this comes back to us, could your dcpartment review
it for practicality? In particular, I was going to get into issues on P talking about all access to property is
impeded.
] understand what we're here to do, and I want to see that what happened doesn't happen again, but I
also don't want the ambiguity of somc of the language that's here.
MR. KLA TZKOW: The language is not ambiguous, it just encompasses more than I think you
want.
CHAIRMAN STRAIN: Okay. Well, you understand where we're going.
MR. KLA TZKOW: I think all you want is any living or dead tree that has an eagle's nest
CHAIRMAN STRAIN: Right. 'Ibat's what you said last time and that's what we all concurred, too.
MR. KLA TZKOW: So you can get rid ofprelty mueh most of the rest of it.
CHAIRMAN STRAIN: 'Ibank you. With that, I believe we've given direction and we'll move on to
the next item here today.
MR. KLA TZKOW: Well, before you do that, on the penalty phasc, which is Page] 63, the LDC is
so hard to change. I'd recommend that the fine be up to $5,000 or the maximum permittcd by law, whichever
is greater. So we don't have to come back every time the state changes it.
CHAIRMAN STRAIN: Okay, I agree with you.
Yes, sir?
MR. SCHMITT: I want to point out, he said $5,000 or whichever is grcater --
MR. KLA TZKOW: Up to.
MR. SCHMITT: Okay. It says the fine up to $5,000.
MR. KLA TZKOW: Or whichever is -- or thc maximum permitted by law, whichever is greater.
This way when the legislature changes it one way or the other, we don't havc to come back to you.
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August 28, 2008
MR SCHMITT: Yeah, because the fine is imposed by the adjudicating authority --
MR KLATZKOW: Code Enforcement--
MR. SCHMITT: -- either the Codc Enforccment Board or the special magistrate.
MR. KLATZKOW: That's right, but they're capped by the state statutes.
MS. BURGESON: Okay. So that language would be up to 5,000 or the maximum afforded?
MR. KLATZKOW: Orthc maximum pcrmitted by law, whiehever is 6'Teater.
MS. BURGESON: Okay, thank you.
CHAIRMAN STRAIN: And Tim, I'll get to you. I forgot to ask about publie speakers.
Mr. Vigliotti?
COMMISSIONER VIGLI01TI: Barbara, this is just going to be about eagle's nests, is that where
you're thing to?
MS. BURGESON: Yes, that's what your direction has been.
COMMISSIONER VIGLIOTTI: Okay, I just don't want to go down this whole path again.
CHAIRMAN STRAIN: We just said that.
MS. BURGESON: Wc willn stafTwill diseuss this. And since the EAC was also one of the two
boards that directed this amendment, I can't say for certain --
MR. SCHMITT: We just need to pointn
CHAIRMAN STRAIN: No, no, you'rc dealing with the Planning Commission. We're asking for a
rewrite. You can bring it back like we asked. If-- the Board of County Commissioners will get all the data. If
they want to go back and open it up to morc, they're more than wcIcome to. But they're going to gct our
recommendation.
MR. SCHMITT: Exactly right. You have to make the final recommendation. The EAC is an
advisory committee.
I just need to point out to the board what the EAC recommcnded that may not be inclusive in your
recommendation.
CHAIRMAN STRAIN: Exactly.
Ms. Caron?
MR. SCHMITT: You are the recommending authority. They are an advisory authority.
COMMISSIONER CARON: And any member of the EAC could be sitting right here and get up to
speak and tell us their concerns about why we should not eliminate it, why we should not limit it to what we
wanted in the first place.
MR. SCHMITT: That's correct. Normally in the summary sheet I will point out and make sure that
the board is aware ofthe other advisory committces so that they're aware of what they reeommended. But
you are the authority that deems it to be consistent with the GMP and forwards it to the Board of County
Commissioners.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Did this go before DSAC?
MR. SCHMITT: Yes.
COMMISSIONER VIGLIOTTI: And?
MR. SCHMITT: You're looking at what they recommended.
COMMISSIONER VIGLIOTTI: Okay, thank you.
MR. SCHMITT: Although there was quite a bit of discussion and they certainly were awarc or
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August 28, 2008
expected that this pancl would take the aetion it just took.
COMMISSIONER VIGLIOTTI: Okay, thank you.
CHAIRMAN STRAIN: Okay, public speakers. Mr. Hancock? Sorry I didn't ask you the first time
around, I'm sometimes forgetting.
Oh, and there's others. Good, we'll get everybody in turn.
MR. HANCOCK: '[bank you, Mr. Chairman, Planning Commission. For the reeord, Tim Hancock
with Davidson Engineering, not representing any particular parcel or client.
Understanding the direction you havc given staff, I would ask you to give due consideration to a
requested addition on Pagc 162. In thc middle of the page under number four, for vegetation removal permit
exceptions it states, the following exceptions shall apply when there are no listed animal species or bald
eagle utilizing the vegetation.
That is sufficiently vague to allow for a single bird who may have temporarily roosted in a tree
because there's roadkill 30 feet below him to encompass the entire parcel.
CHAIRMAN STRAIN: This particular -- this was also -- I mean, this would have to be changed in
order to coincide with what we had just directed stafT, so --
MR. HANCOCK: Correct. Just because that was a specilic topic of discussion.
And the second thing I want to add is that whcn we talk about technical assistance from agencies
such as Fish & Wildlife, those memos of technical assistance can take 12 or morc months to get from those
agencies. So it's not as simple as tilling out a form and gclting a response. And I just ask that we kecp that in
mind as a process-related issue. Thank you.
CHAIRMAN STRAIN: Thank you, appreciate it.
Next speaker. And I don't know your name, so I'd otherwise would say Tim, come on up and spcak,
but --
MR. STERK: For the reeord, Jeremy Sterk, Davidson Engineering. I'm Director of Environmental
Services.
COMMISSIONER MURRAY: You have to speak up, I couldn't hear you.
CHAIRMAN STRAIN: And you'll nced to say your name a little clearer too.
MR. STERK: Jeremy Sterk, Davidson Engineering.
I think you guys addresscd most of the things in this that I \Vas getting heartburn over.
Just a quick point of clarification on the fiscal operational impacts. A vegetation removal permit is
$250 plus $50 an acrc incrcmclltal. Just to point that out --
CHAIRMAN STRAIN: Oh, thank you.
MR. SCHMITT: But there would be no acreage criteria involved in this.
COMMISSIONER CARON: That's right.
MR. STERK: In my experience, I've had to calculate acreage, you know, if you're talking -- I mean,
with a tree obviously you may not be talking acrcage n
MR. SCHMITT: Single tree --
CHAIRMAN STRAIN: Whatevcr the cost is, staff will bring it back to us in detail on the fiscal part
of this. Thank you.
MR. STERK: Thank you. On Page 159, the vegetation protected definition. I mean, the way I read
this, and tell me if I'm wrong, any living woody plant, basieally trcc, shrub or groundcover. Undcr that
dcfinition you're talking Mclalcuca, Java plunl, any of the exotics. There really isn't thc --
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CHAIRMAN STRAIN: Whcre we would change it is if it had a nest of a bald eagle. So you really n
even ifit says that, it's only going to apply if the bald eagle's got his nest in that Java plum, which isn't going
to likely happen.
MR. STERK: I guess maybe I'm misreading the and dead woody plant tree that has a nest.
CHAIRMAN STRAIN: Right. Well, anything that's got a bald eagle's nest. I don't care if it's a
telephone pole. That's what we're getting at.
MR. STERK: And I definitely agree with your wanting to focus this on the bald eagle's nest. A lot of
this, probably 95 percent of this amendment is redundant. It's eovered by -- any living tree is going to be
covered by the FWC or U.S. Fish & Wildlife Service. So this is really just adding anothcr layer.
And in concerns with dead vegetation, I have concerns about how biology based this is. I mean,
when you're talking a cavity tree, that's an RCW. When that tree dies, that RCW is going to quit using that
tree. Nature's going to take its course on that.
And also with bald eagles' nests evcn, you know, the nests do carry over into a dead tree. But
essentially the time frame for that tree and that nest is numbered. I mean, the first big blow that comes is
going to take that tree down. And in a sensc you're putting that ncst in jeopardy.
CHAIRMAN STRAIN: You're digging a hole l()r yourself.
COMMISSIONER CARON : You're digging yourself a hole in that rcspect. Please don't go there,
because I can point out trecs in this county that havc becn dcad for years with nests in them utilized by
eagles, and they've been through all kinds of hurricanes, including Wilma, and they'rc still standing. And
every biologist I've ever had stand up belore me has said the tree's going to go down, blow on it too heavy
and this tree's -- a nest is going to go down. Wrong. So just don't dig that hole.
MR. STERK: And obviously that's not the preferred situation. I mean, I think --
CHAIRMAN STRAIN: I think, Jeremy, what the crux of this meeting is, we've directed stafI!o
bring this back strictly dealing with the bald eagle. If that meets the criteria you're trying to layout, I think
we're already there. That direction's been provided. So thank you.
And would you please monitor the language and if there's still some problems with the new
language that eomes out, we'd like to hear your input.
MR. STERK: Certainly wilL Thank you.
CHAIRMAN STRAIN: Thank you.
Tim Hall?
MR. HALL: I just -- sorry. For the record, Tim Hall with Turrell, Hall and Associates.
Again, I'm not here representing anybody. But I had some of the same concerns that were brought
up by the board and by Jeremy.
If! could make a suggestion under that protected vegetation. The way I read it was kind of the same
as Jeremy, that it's basically saying any living woody plant is protcctcd, as well a~ any dead plant that might
have a tree (sic) in it.
So if] could suggest that you could just say any woody plant, living or dead, that has a nest in it, I
think that clears the language up some.
COMMISSIONER CARON: Ycah, I think iftwo people now involved in the busincss have
difficulty with it, we need to clarify that language.
MR. HALL: So that -- and then the other one under P on Page 161, there's a requirement in therc
that says, permits shall be provided from Fish & Wildlife Conservation Commission and the Fish & Wildlife
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Service. Both of those agencies don't always issue permits for these activities. So there should be some kind
of allowance for that. Only if they're required from those agencies do they need to bc provided.
COMMISSIONER MURRA Y: Yeah, I was going to bring that up.
COMMISSIONER CARON: No, they are required, so they haven't been doing thcir job.
CHAIRMAN STRAIN: Well, to the extent pcrmits are required, they shall be provided--
COMMISSIONER CARON: Absolutely --
MR. HALL: Yeah, they would be provided. But if they're not required, then the way that reads you
have to force them to give you a permit for something that may not be required.
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: Understand.
MR. HALL: That was it with relation to that.
CHAIRMAN STRAIN: I hope you monitor the new language. Thank you, Tim.
Nicole?
MS. RYAN: Good morning. For the record, Nicole Ryan, here on behalf of the Conservaney of
Southwest Florida.
And if the Planning Commission feels more comfortable really focusing this back to where it began,
with the bald eagle's nest in the dead trees, I certainly would support going in that direction. It does seem to
have inserted a lot of additional and unnecessary confusion by expanding that out. Though we do still have to
rcmember that protected species must be protectcd.
But getting back to what this really does, this fills in that gap where you have dead trees that do not
require vegetation removal permits per se. And if you have a bald eagle's nest, Collier County may not know
if some of the state and federal agencies send something which we consider inappropriate such a~ an e-mail
that state it's a skinny tree, go ahead and take it down.
That happened in the instance that started this and Collier County didn't know about it. So this is
making sure that the county has some level of oversight. It's making surc that if proper permits have not been
issued Collier County has the ability to make those agencies issue the appropriate permits.
So we consider this very, very important for oversight and will ccrtainly be looking forward to the
next draft, and we do hopc that you move it forward. Thank you.
CHAIRMAN STRAIN: Thank you.
Okay, is it the consensus of this board then this will be rcwritten and brought back to us? Does
anybody have any problems with that?
(No response.)
CHAIRMAN STRAIN: Okay. It's five minutes before we would take our break for luneh, and rather
than start on a new section that we're only going to have to interrupt with lunch, why don't we take our lunch
now and come back here at 20 minutes to 1:00, 12:40,20 minutes to 1 :00, and we'll resume this meeting.
Thank you.
(Lunch recess.)
CHAIRMAN STRAIN : Welcome back from lunch, everyone. And if you think paint drying is a
slow process, wait till you see what the rest of thc afternoon's got in store.
"Okay, the next item up is on Page 173. It's Section 3.05.07, Lake Trafford Wetland.
And Steve, I guess this is one of your many.
MR. LENBERGER: For the record, Steven Lenberger, Enginecring and Environmental Services
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Department.
Let me just back up here a minute and tell you where we came. We originally -- I was originally
tasked this assignment last year. And I got together with a sub-committee from the Environmental Advisory
Council, along with all the stakeholders, and we originally threw out ideas about all the Camp. Plan
amcndments and started crafting language.
Then we went through all the difTerent groups. And thc -- I guess the gist of all this was to try to
establish criteria which we could create some flexibility in some of the environmental regulations, as well as
fulfill some of the other GMP requirements.
Obviously with all the stakeholders, there's a lot of dilTerenees in opinions, and ultimately stafThad
to sit down, and ultimately it's management's decision on how we proceed.
But in any case, I'm ready to go through the amendments. The first one being the Lake Trafford
wetlands. I put the Compo Plan requirement on the screcn. The Compo Plan requirement is conservation and
coastal management element Policy 6.2.4(4).
And basically it's dealing with the Lake Trafford/Camp Keais Strand system, the wctlands within
that that fall within thc Immokalee urban designated area.
And basically what the policy says, and I'll just read the first line here. Within the Immokalee urban
designated area there may exist high quality wetland systems connected to the Lake Trafford/Camp Keais
Strand system.
These wetland requirements -- thcse wetlands require greater protection mea~ures than wetlands
located in other portions ofthe urban designated area. And therefore, thc wctland protection standards set
forth in Policy 6.2.5 shall apply to this area.
So that's why I have the poliey below that It's a long policy, so Policy 6.2.5 is only part of it on the
screen and you were given the complete policy.
CHAIRMAN STRAIN: Well, I gucss, Stevc, the best way to approach it is let'sjust start a~king
questions from the beginning page, which is Page 173.
Anybody have any questions on Page 173'1
(No response.)
CHAIRMAN STRAIN: Steve, this is something that I'm probably going to bring up each time, the
fiscal and operational impacts. It just says incrcase mitigational costs. That docsn't tell us a lot As far as
review time goes, preparation of studies goes, preparation of any mitigation land, can at some point we be
provided -- if you know what mitigation acreage costs, a range, could that be put in here so wc know what
we're talking about imposing on people?
MR. LENBERGER: Wc might be able to provide some language regarding mitigation costs in
regards to wetland permitting at the state and federal government. But the Policy 6.2.5 talks about other
wetland requirements -- mitigation requirements specific to the fringe that the county has.
And how I would quantiJy that, I'm not sure how to do that.
CHAIRMAN STRAIN: Only reason it's important to know, if we're putting a heavier burden on
property owners than before and by how much, that -- Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: So we'rc going to increase mitigation costs, we have no idea how
much and what formula to get there?
MR. LENBERGER: It would dcpend on what the habitat is. And there's a lot of systems, how they
rate properties on the UMAM and WRAP scores, and then providing mitigation on-site. And there's all kinds
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of things to look at, quality of habitat being one of the major. So it's very difficult to estimate.
COMMISSIONER MIDNEY: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MIDNEY: We're not asking anything here different from what we're already
doing in the rural fringe, so if we're not worried about it in the rural fringe, why should we be worried about
it here?
CHAIRMAN STRAIN: Because I've been finding out through meetings with a lot of people in the
community that there's been interpretations in difTerent parts of the code that havc meant something different
after we've approved it that I didn't know at the time we approved it, and maybe the rest of us didn't.
So we made a mistake once. I'm not going to make it again. At lea~t personally I don't want to. I see
no reason why if we failed to define a fiscal impact previously, why we wouldn't want to clarity that now if
we can.
And I'm not trying to be different, I'm just trying to be more complete in our analysis. And all I'm
asking for is if you know that you have difTerent ranges of mitigation acreage, from Big Panther Island or
other places, one aere cost 8,000 or 6,000 or ] ,000, but it's dependent on the quality of the wetland, at least
tell us what an average acre of mitigation land may cost. And then we know that, okay, ifthis is going to
impact somebody by ] 0 acres, the minimum they're going to have is ] 0 times that number. And they could
have more if the acreage that's impacting is very valuable on environmental lands.
That's all I'm trying to get at, is get a handle on where the costs are.
MR. LENBERGER: And we can research that.
CHAIRMAN STRAIN: Okay. Any questions on Page 174'1
(No response.)
CHAIRMAN STRAIN: Okay, Page 175 is where the changes star!.
(No response.)
CHAIRMAN STRAIN: Steve -- oh, Ms. Caron, go ahead.
COMMISSIONER CARON: Well, I havc a qucstion. There's a whole paragraph 0 at the bottom of
the page that is struck. Would you tell me how it differs from the top of the next page?
CHAIRMAN STRAIN: It's the same thing I found too.
MR. LEN BERGER: 1bat's no difference, it's just the formatting, to have the 0 line up with the other
letters above it. That's all it is. And to line up with the letters below it.
COMMISSIONER CARON: Just for reference, and I think Commissioner Strain referenced this a
little whilc ago as well, if you underline it or strike it, then it's up for debate, as opposed to using eode that
already exists.
And if all you wanted to change was the 0 in the -- whether it's a small 0 or a big 0 or whatever,
then I'd be vcry carefuL It may not atfeet anything in this onc, but it ccrtainly could affect things in others.
MR. LENBERGER: I would have to speak to Catherine about actually how to go about that process,
other than what I've done here.
COMMISSIONER CARON: I don't even see that it ehanged thc --
MR. LENBERGER: I don't believe there were any changes at all, other than reformatting.
COMMISSIONER CARON: -- the 0 either.
CHAIRMAN STRAIN: It supposedly moved it in under C.
COMMISSIONER CARON: In -- yeah, right.
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CHAIRMAN STRAIN: Okay, Page 176 and 177. Any questions?
(No response.)
COMMISSIONER CARON: The same.
CHAIRMAN STRAIN: Page 178'1
COMMISSIONER MURRAY: I havc a question.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Under B, where it says Collier County will require mitigation
exeeeding that of the jurisdictional wetlands, is that a penalty intent, or what's its purpose there?
MR. LENBERGER: That was languagc cxisting from when we had the Camp. Plan change due to
the final order. And that was n
COMMISSIONER MURRAY: You mean it's not new language? Beeause it's underlined.
MR. I ENBERGER: That's right, it's from the previous strike-through above it. And often mitigation
from the agencies will allow things such as cxotic removal to count as mitigation, whcre in Collier County
it's a requirement so it doesn't count towards mitigation.
COMMISSIONER MURRAY: Could it be eonstrued as a penalty somehow, you know, we're going
to make you do more than? Or is it used in thc contcxt of a greater benefit? Presumably it's in that context.
MR. LENBERGER: I believe it was [()r grcater protection of the wetlands.
COMMISSIONER MURRAY: Certainly the way it's phrascd, though, almost seems punitive.
CHAIRMAN STRAIN: Steve, jfyou recall, this is one I had spoke to you about. Star!ing with thc
word exceeding. We would drop the end of that sentence, and aftcr the word mitigation just put consistent
with this section. Doesn't that clariJy the --
MR. LEN BERGER: You'll have to -- which letter now? I'm sorry.
CHAIRMAN STRAIN: Same one Mr. Murray's been talking about, same sentence.
MS. F ABACHER: B.
MR. LEN BERGER: Okay, what are you saying now?
CHAIRMAN STRAIN: Three -- or G(l)(b), the last sentence, the last full line, starting with the word
exceeding. It says exceeding that of the jurisdictional ageneies. This is the same one Mr. Murray wa~ just
talking about.
MR. LENBERGER: Yes.
CHAIRMAN STRAIN: Ifwe strike the words exceeding that of juris die tiona I agencies and replace
it with, consistent with this section, then we've really not gone to a punitive or any other framework, we've
simply gone to what the LDC says, which I think Mr. Murray was trying to get at.
COMMISSIONER MURRAY: Thank you vcry much.
CHAIRMAN STRAIN: Is that n anybody have a concern with that?
COMMISSIONER MURRAY: I think it's correct what you've cited.
CHAIRMAN STRAIN: Okay, we're on Page 178. Mr. Schiffer?
COMMISSIONER SCHIFFER: Yes, on G(l)(a), kind of explain what you intend there. What you're
saying is that if somehow you lose storage within the wetland, you havc to provide a volume that doesn't
exist today to eompensate for that?
MR. LENBERGER: Yes, you have to compensate for the loss of storage, yes.
COMMISSIONER SCHIFFER: So essentially you would have to dig a hole somewhere of that
volume. Or you eould create a structure to hold that watcr?
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August 28, 2008
MR. LENBERGER: It doesn't say, so I guess either one would be an option.
COMMISSIONER MIDNEY: Could you give an example?
MR. LENBERGER: I would say -- well, I didn't write this, but I would say it would be floodplain
compensation. If you'rc filling in part of a floodplain, you're going to displace water, so you have to make up
that volume difference, otherwise you'rc going to pass that additional elevation on to your neighbors.
COMMISSIONER MIDNEY: That makes sense.
CHAIRMAN STRAIN: You have to compensate on-site for any volume that you take up.
COMMISSIONER SCHIFFER: But one of the sad solutions is somebody eouldjust dig a hole that
doesn't exist just to add volume, negative volumc.
MR. LEN BERGER: Generally the products that I have seen dealing with this issue, floodplain
compensation, we've had a few products in thc county, they usually dig in a marsh system. That's how they
handle it. And they make it part ofthcir storm water retention area.
CHAIRMAN STRAIN: Mr. Midncy?
COMMISSIONER MIDNEY: Yeah, I have a more general question. This is based on thc
protections that arc in the rural fringe. Is everything here in the ruralliinge, or does this go beyond what the
rural fringc rules are stating?
MR. I "EN BERGER: This mitigation I bclievc is under thc rural fringe category under three on Page
175.
COMMISSIONER MIDNEY: Becausc the EAR, it just statcd that the Lake Trafford/Camp Keais
system would be proteeted the same way as the rural fringe.
Now, do these regulations go bcyond what thc rural fringe does, or are they equal to or -- why are
thcyn
MR. LENBERGER: They're equal to.
COMMISSIONER MIDNEY: They're just equal to, okay.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Well, that was my whole point. You don't need to have any ofthis
language, it was already there. They underlined -- they crossed out and they underlined, and now it's open for
interpretation on something that is the exaet samc languagc that's alrcady there.
MR. LENBERGER: It's a reformatting. I'll have to handle it with Catherine how to do that in the
future.
COMMISSIONER MIDNEY: So it's really not a substantive change.
MR. LENBERGER: That's eorrcet.
COMMISSIONER CARON: Other than on Page] 75 where you've added in Lake Trafford and
Camp Keais Strand.
COMMISSIONER MURRAY: Well, then it beeomes aIln
MR. LENBERGER: 175. Y cs, that was the requirement of the GMP.
COMMISSIONER CARON: Of the GMP.
MR. LEN BERGER: That's correct.
COMMISSIONER CARON: And that's the only thing that's substantive here. And the rest of it
should never have been crossed out.
MR. LENBERGER: There is one other little addition.
COMMISSIONER CARON: Did I miss something maybe?
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CHAIRMAN STRAIN: Well, we'll move through our pages. What page -- yeah, there is an addition
to Item C on Page 179, the last portion of thc sccond half of that paragraph was added.
COMMISSIONER CARON: On C?
CHAIRMAN STRAIN: 179. Herc, I'll show you, starting with the word and.
COMMISSIONER CARON: Sorry, yes.
CHAIRMAN STRAIN: 'lbat was added. It wasn't in the original strike-through.
MR. LENBERGER: Right, and that was --
CHAIRMAN STRAIN: Basically makes it consistent with the first two paragraphs.
MR. LEN BERGER: Right. And we stated that in the change reason section in the beginning of the
amendment.
CHAIRMAN STRAIN: Any questions on Page 179 now that wc'rc there?
COMMISSIONER MURRA Y: Ycah, I--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, I would just -- it star!s on 178 at the bottom there, mitigation
incentives. And [ think I understand the reasons why in general.
I would also make a recommendation to use semicolons rather than a simple comma, but that's a
small point.
The bigger point is you get to a point where you have a 50 percent reduction in required littoral
zones subject based on any of the following.
MR. LENBERGER: Yes.
COMMISSIONER MURRAY: Is that advantageous in any way to make such a market reduction?
Is that the conception there that a littoral zone will sprcad over time or something? What --
MR. LENBERGER: Well, I imagine it could. That's a pretty onerous requirement, 30 percent littoral
requirement in the rural fringe. That's quite high. And the Camp. Plan allows for some flexibility there, so we
ereated these incentives.
COMMISSIONER MURRAY: So what you're saying is that perhaps thc original numbers were
really higher than they should havc been, so this is by compensation?
MR. LENBERGER: Well, I don't know ifthey'rc higher than they should have been. The idea was
to afTord greater protection for water quality and things of that nature in the fringe.
But thcsc things here that you're doing would also benefit the cnvironment too in the rural fringe to
offset that littoral requirement.
COMMISSIONER MURRA Y: I appreciate. I would think that we would want to start today as it
were for everything that wc can preserve and effectively keep in good shape. And that would be -- I just don't
know if we want to allow reductions of any sort. But I understand the need for incentive.
Okay, thank you.
MR. LEN BERGER: You're welcome.
CHAIRMAN STRAIN: We're on Page 179. Any other questions?
(No rcsponsc.)
CHAIRMAN STRAIN: Steve, up on top it says, fifth line, requirements may be granted for projects
that do any of the lollowing. As far as may be granted, who does the granting?
MR. LENBERGER: That would be administrative.
COMMISSIONER MURRAY: That was my question, too, and I missed it.
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CHAIRMAN STRAIN: Okay. So ifthey n administratively you can grant those but the word may is
in there. So that means if someone does do A, B and C, you still don't have to grant it?
COMMISSIONER MURRAY: Well, I don't read that.
MR. LENBERGER: Well, we would grant it ifthcy did those mitigation. So you're saying take out
the word may --
CHAIRMAN STRAIN: Well, it says do any of the following. So if someone comes in and does A
or does B or does C, the way that language is written, and since it's administrativc, you guys could say fine,
you've done that but we're not going to grant it.
MR. LENBERGER: You want me to put shall?
CHAIRMAN STRAIN: Wcll, yeah, that's where I'm going.
MR LENBERGER: Okay.
CHAIRMAN STRAIN: Thank you.
Okay, on Page 180, any -- Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, just one small point. The word I think re-creation is a
hyphenated word up on the top. I'm sorry, I 79(A),just up at the first sentence ofthat, stepping baek. It may
not be.
MS. FABACHER: I believe you're correct, Commissioner. Otherwisc it's recreation.
CHAIRMAN STRAIN: Is it passivc then or is it active?
MS. F ABACHER: Oh, God, don't ask me.
Sorry. I got it, Steve.
MR. LENBERGER: You got it? Okay.
CHAIRMAN STRAIN: Okay, are there any othcr nthrough the cnd of this, Page 180, are there any
other comments, questions?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Joe, has this been through DSAC yet?
MR. SCHMITT: Yes, these all have been through DSAC. Everything you'rc looking at has the
changes that have becn incorporated through DSAC. Changes or wc will point out -- and which one are you
looking at? Are you looking at -- Catherine just handed out a new sheet that -- yeah, that's the one.
COMMISSIONER VIGLIOTTI: It says DSAC not heard.
MR. SCHMITT: DSAC ha~ heard this one. That sheet is ineorrect. I sat through the meeting when
they heard this one.
COMMISSIONER VIGLIOTTI: And what was DSAC's recommendation?
MR. SCHMITT: You made the changes, Steve. Were they approved as written?
MR. LENBERGER: We've had so many changes. I don't remcmber them alL Catherine, could you
help me here?
MS. F ABACHER: I'm sorry, yeah, they were just -- we didn't get it in there. It was the August 21st
meeting. So, I mean, I can providc those minutes for you. I just didn't get a chancc to update the sheet and I --
CHAIRMAN STRAIN: I think we've got minor suggestions.
COMMISSIONER VIGLfOTTl: I think this whole thing's going to come back anyway.
CHAIRMAN STRAIN: Why? We've only got two changcs. We're going to suggest that on Page
178, thc last sentence ofthat, B, from exceeding that of jurisdictional agencies be changed to consistent with
this section.
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And on 179 the word may gets changed to shall. Other than that, it wouldn't need to come back.
COMMISSIONER VIGLIOTTI: My only concern is increased mitigation costs, they can.
CHAIRMAN STRAIN: Well, I think that they can include these next time. And a~ far as this one
goes, I just wanted to makc the point it wasn't included. I don't really want us to clutter our day up just for
that.
Mr. Midney?
COMMISSIONER MIDNEY: Also, I think if something is destroyed, it should be mitigated. I
mean, it's not n
CHAIRMAN STRAIN: That wasn't the point, but ycah --
COMMISSIONER MIDNEY: Right. But, I mean, you want to get a fair price for it, but you're sort
of bringing into question whether it should be mitigated if it's too expensive or not?
CHAIRMAN STRAIN: No, the question that this board's supposed to rcview is part of analysis is
supposed to be fiscal and operational impacts. Without a number, we can't provide -- we ean't really say
we've done that analysis, and so I was looking for a blank to fill in.
I don't have any problem protecting wetlands in this case. And the way the language is, it's basically
language wc've already utilized, so there's no harm done. I just want to make sure we cross the T's and dot
the I's.
But I didn't see -- I wasn't going to suggest this come back lor that purpose. If it had becn others n
Mr. Vigliotti, this one is so simple, I thought we'd finish with it.
COMMISSIONER VIGLIOTTI: That's finc then.
CHAIRMAN STRAIN: Anybody else?
Is therc a motion to recommend approval of3.05.07, subjcct to the two changes that we suggested?
COMMISSIONER MIDNEY: So moved.
CHAIRMAN STRAIN: Motion made by Mr. Midney. Seconded by n
COMMISSIONER SCHIFFER: (Indicating.)
CHAIRMAN STRAIN: -- Mr. Schiffer. Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signiJy by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MlDNEY: Ayc.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
COMMISSIONER VIGLlO'lTI: Aye.
CHAIRMAN STRAIN: You're opposed?
COMMISSIONER VIGLIOTTI: Yeah.
CHAIRMAN STRAIN: Okay, motion carries 7to --6-].
MR. KLATZKOW: And the reason for the opposition, so the board may know?
CHAIRMAN STRAIN: YCal1, the reason?
COMMISSIONER VIGLIOTTI: Excuse me. They can't come up with the increased mitigation fees,
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August 28, 2008
the cost.
Is that all right?
MR KLATZKOW: Yes, sir.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Okay. Page 18 I is our next one, and it's -- oh, I'm sorry. Doug or anybody,
did you guys have any questions on that one? I will do better to remember.
MR. LAYMAN: I have a comment, but it's not going to afTcct --
CHAIRMAN STRAIN: Come on up and use the microphone. I apologize. We'll certainly reconsider
if we have to.
MR. LAYMAN: My name is Bruce Layman, I'm a Senior Ecologist with WilsonMiller. I'm not here
representing any specific interest.
I do have a comment, kind of possibly clarifying what Stcvc wa~ saying and the questions that were
being asked about why underline and strike-through and everything else simply to movc a paragraph over to
get it into aligmnent.
If you look at the way the old text followed from Page 172, 173 and on, you'll start on 172(F),
sub-one, sub-two, A, 13, C.
You turn the page. The next 0 that's in line is the drawdowns or diversion of groundwater.
Now, granted, you shouldn't have looked over the sub-three, hecause that would bc the next larger
number ahead of it, but yet you Iollow this down even to the next two pages later to 175 where the mitigation
discussion has been struck through is out on its own bullet as sub-four.
Because it's as its own bullet of sub-four, that would indicate that that's for all through the urban
area. It's not specifically for the rural fiinge area, because the rural fringe area has its own sub-three.
So I think what happencd was when this was realized and the mitigation was dcsigned to be applied
to the rural fringe, it was determincd that shoot, we've got to realign thesc things and renumber them so that
it's associated with the propcr ncxt higher bullct item.
So anyway, I don't think it's -- you know, granted, it opens it up for discussion again, but I think it
was necessary to alleviatc thc confusion as it was being applied to the various areas in the county. So
anyway.
CHAIRMAN STRAIN: Ms. Caron, did you have a question?
COMMISSIONER CARON: Yeah. No, again, I was not talking aboutlormatting. I understand that
it needed to be relormatted, and I think that could have been stated. And what necded to be reformatted eould
have becn statcd in a paragraph as opposed to tmderlining things that then get opened up for changes or
comments.
Now, that can also be a good thing, sometimes it ean be a bad thing, so at any rate.
THE COURT REPORTER: May I have thc spelling of your name, please?
MR. LAYMAN: L-A-Y-M-A-N.
CHAIRMAN STRAIN: Thank you. And I will do better to ask before we close the discussion.
Sometimes I forget.
On Page 181 is our next issue. It's 3.05.07(H)(1)(b), dimensional criteria. And Steve, it's another one
of yours. And did you want to discuss it or just want us to ask questions of you?
MR. LENBERGER: Well, I guess I could just talk a little bit first bcforc you go page by page.
I guess the reason for this amendment, and it the reason for the amendment, is to try to have a
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preserve that's the largest contiguous area possible for the benefit ofthc habitat and the listed speeies utilizing
that preserve.
When you deal with natural reservations, preserves, whatever you want to call them, you always
have to deal with the effeets that the edge has from other uses and how they affect the edge of the preserve.
They can affect it through exotic infestation, they can have, through drying ctfccts of that -- edge effect for
the different type of use next to it
And so staff looked at this and they'rc -- we looked to some other counties, typically St. Lucie
County and how they handled this. They ba~ically used an area to pcrimctcr ratio to try to minimize some of
this edge. I do have an exhibit here. Let me just put this up here.
COMMISSIONER MURRA Y: That would be good.
MR. LENBERGER: And basically what you have here is -- this is through the help of our
department director, Bill Lorenz. We basically looked at edge. And to minimize edgc, I gucss it would be a
circle. That would have the minimum amount of edge. Once you star! ercating squares, rectangles, the
amount of edge increases.
So what we did is we calculated the shape factor ratio, and basically we created a fonnula. Excuse
me, I don't have my glasses on so it's hard to see distance. And that formula there is basically compared to a
circlc which has a surfacc factor ratio of one, and everything else would be less.
And you can calculate it out through geometry by getting the leet distancc of the perimeter and thc
acres, the acreage of the site, and you can calculate that surfaee factor ratio.
To give you an idea of what that looks like in the rcal world, this exhibit was also produced. This
particular product I think is Glen Eagle, I'm not positive. But you can see the diffcrcnt shaped preserves and
how they would equate as far as a surface factor ratio.
[ need my other exhibit. I want to go back.
If you look at this here you can see the difTerent surface lactor ratios. One for a circle, squarc .88.
This rectangle's .83. And what that would equate to as far as the lcngth to width ratio, two-to-one,
four-to-one, cight-to-one, IO-to-onc.
And what we put in the amendment on Page 182 is that the preserve boundaries shall have a length
to width ratio of no greater than threc-to-one.
Now, therc arc some concerns -- there were some concerns when we wcnt through the stakcholders,
what happens when a preserve gets really big, and also when you have it really small.
So we added criteria on Page 183, that bcing Roman numeral IV and Roman numeral V, as far
stating that if the existing native vegetation does not meet the minimum dimension specified above and is
required to be preserved pursuant to the preserve seleetion criteria in Section 3.05.07, then the existing native
vegetation may be used to satisJy the preservation requirement.
The structure language below that should not bc thcre, so please, I apologize for that, I have to
remove that.
As far as the larger preserves, we created basically a 200-loot max.It says, the length to width ratio
requirement specified above shall not apply to preserves 200 feet or greater in width. 200 feet is basically the
minimum requirement for wildlife corridors that wc havc rcceived from technical assistance through the
wildlife agencies. I believe it's also the minimum width for the grcen belts around rural fringe villages. So
once you get 200 feet, this criteria three-to-onc does not apply.
And that's pretty much my presentation. I'd bc glad to answer any questions.
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CHAIRMAN STRAIN: Well, let's star! with Page 181. And my concern on 181 is the same as it
was on the last one regarding fiscal impacts.
This will take a larger mass area within a project. Not that that's bad, I'm just suggesting that there is
a cost associated with that and there's no cost associated with the fiscal impact given to us in this document.
MR. LENBERGER: This would be hard to quantifY, obviously, depending on the produet zoning
and whatnot. We did write maximizc development ofthc site, but it obviously affects site planning. So
there's a lot of things it does affect. But quantifying it would probably be very difficult.
CHAIRMAN STRAIN: Well, I think the eonnotation of that which you've just refcrenced, to
maximize the development, is pretty disingenuous to this board to say something like that, because you don't
know that's the reasoning that every developer wants to utilize property lor. Thcy could be doing it for
compatibility reasons, layout rcasons, adjaccnt -- access rcasons, flowways, other things. So I really think
that's more of a political statement than needs to be in this kind of a eontcxt.
But if we don't have any fiscal information -- I understand your dilemma. I don't know the solution
to it, but I wanted to point it out.
Pagc 182 --
MS. BURGESON: I might also add to that answer. Barbara Burgeson, Engineering and
Enviromnental Services Department.
Even though we do not have the three-to-one language in the code right now, it is roughly what stafT
has been applying. So it really would not be mueh of a diffcrence in tcrms of how we are asking thc
applicant to minimizc the edge dfcct by crcating a prcscrvc that's as close to -- it really is very close to using
that language by what is already in the Growth Management Plan.
CHAIRMAN STRAIN: How have you been applying it--
MS. BURGESON: Through the Growth Management Plan language that identifies minimizing the
edge effect.
CHAIRMAN STRAIN: How does the ratio come out of the Growth Management Plan language? Is
that in there too? You took the language all so I can't see it.
MS. BURGESON: Thc ratio language is not part of that. But in minimize n and we don't use the
ratio language when someone comes in right now, but roughly that shapc is what staff has been
recommending beeause it does minimize the cdge cffcct.
CHAIRMAN STRAIN: But wouldn't staff want to be looking at what the minimum widths shall
apply are under the dimension criteria ofH(1 )(b)'!
MS. BURGESON: No, the minimum widths are less of a criteria than the large prescrves. The
minimum widths is just to be assured that, for instance, on the edge of a preserve that it not come to a point
or that on small preserves that thcre be a minimum width required. If it's going bclow that, then in
amendments that we'rc proposing, they would not qualifY as preserve, we would not rcquire them to be
preserve. So the minimum width is not as important as the shape.
CHAIRMAN STRAIN: So if someonc comes in with a minimum width and all the other criteria
that were in the code before the strike-throughs but thcy didn't meet the three-to-one ratio, is it your poliey
then to ensure that they do?
MS. BURGESON: It is our policy to -- or our application of the Growth Management Plan to makc
sure that it's the largest preserve possiblc. For instance, with that minimum width you could end up with
somc projects that used to -- wc uscd to get, we don't anymore, because we've not accepted them -- but with
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a minimum width preserve around the entirc perimeter of the property. Because that's how that could be
applied then.
CHAIRMAN STRAIN: I'm just trying to understand how your department came to a three-to-one,
using a three-to-one ratio now when it's not in the eode and it's not in the GMP.
MS. BURGESON: Wc did somc research on other land development codes. And I know that Indian
River County for one has that adopted in their land development code, and there are other countics that have
length to width ratios. Some of them are two-to-one, somc of them have had numbers such as 100 feet to 300
feet as examples.
And if you'd like, I can gct you some ofthe copies of those other ordinanccs. But that's -- we did
some research on it as welL
CHAIRMAN STRAIN: I wasn't concerned about the research you did, and I was certainly not
concerned about what other countics do. I'm more conccrned how this county operates and institutes policies
without a sound basis for them. Ifthree-to-one wasn't in our code and it wa~n't spelled out in our GMP, I
don't know how you would have used it.
And now that you've said you've used it in the past, and that's what you're using now, I'm a little
concerned.
MS. BURGESON: I did not say that wc used the three-to-one ratio, I said we used the shape.
Roughly that shape that is reflected with the three-to-one ratio is where staff attempts to have the applicant
provide a preserve to that shape, because it -- [or instance, the circle is actually what we should be asking for
if we're looking for something that is going to provide the redueed impacts to the edge ellect that thc Growth
Management Plan requires.
And we've been a little more flexible than requiring that everyone comc in and provide a shape that's
a circle. And so we have looked at minimizing the impacts and allowing a little more flexibility. And that
shape is roughly a three-to-one shape. But we havc not told people they have to come in and provide us a
three-to-one ratio.
CHAIRMAN STRAIN: Well, go on to Page 182. Docs anybody -- go ahead, Mr. Murray.
COMMISSIONER MURRAY: Well, following up on that to some degrec, anyway. I think this is
problematic hcre. Especially -- help me understand now. You said bclorc, was it 200 leet, you felt that was a
corridor. Circle wouldn't work for the corridor. But 200 feet. And you have this n and you showed on your
sheet before you showed a number of examplcs.
MR. LENBERGER: I can do that, yes.
COMMISSIONER MURRA Y: And I think I'd like to call your attcntion to something so you can
help me understand something more clearly.
Not the ealculation but thc actual pictures n
MS. BURGESON: Glen Eagle.
COMMISSIONER MURRAY: -- examples.
Yeah, that's good. Now, let's say just for the sake of argument that item number three over there had
200 feet on the -- we'll call it the northerly side, and went down to something closer to SO feet as you went
south. And yet the lenb>th of the number three lor thc 200 feet was considerable. Docs that then go to Pagc
183 on V, thc length specificd above shall not apply to preserves 200 feet greater in width?
In other words, I don't know of any preservc neccssarily that is, you know, just a rectangle. Thcy'rc
usually contoured to some degree, they follow topography, they follow moisture and so forth.
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So in trying to put human standards to Mother Nature, how would you deal with the 200 fcet that
then got into a narrow, and perhaps got out again to 200 feet? Would you still -- would you exclude that from
the -- would you apply V on there?
MR. LENBERGER: The 200 would be a minimum. So it couldn't go any less than that for this
criteria not to apply.
COMMISSIONER MURRAY: So in other words, the length to width ratio, onee established, you
get 200 feet in any section, in any portion of that?
MR. LENBERGER: No, no.
COMMISSIONER MURRAY: See, I'm trying to understand whether--
MR. LENBERGER: If a preserve has a minimum width of 200 feet, then this criteria of the
three-to-one ratio would not apply.
COMMISSIONER MURRAY: Even ifit narrows considerably?
MR. LENBERGER: Ifit narrows, it would apply.
COMMISSIONER MURRAY: Simply because it narrowed.
MR. LENBERGER: Becausc it's less than 200 feet minimum.
COMMISSIONER MURRAY: So something could be a quarter mile long, better than 200 feet, and
then for a brief period go down to something like 30 feet, 40 fcet, 80 fcet, and go back up again, and then the
ratio would apply?
MR. LENBERGER: lbe ratio would apply. But also we have criteria number four, too. Says ifthe
existing native vegetation -- let's just say that wa~ the only vegetation in that narrow portion, okay, it says, if
the existing native vegetation does not meet the minimum dimensions specified abovc and is required to be
preserved pursuant to the preserve selection criteria, then the existing native vegetation may be used to
satisfy the preservation requirement.
So I would say if that narrow arca less than 200 fect was thc only vegetation you had there, and it
was required to be prescrved, yes, it would meet the criteria and you would not apply the three-to-one ratio.
COMMISSIONER MURRAY: I'm glad you understand it, because to me it's vapor. I'm having a
hard time appreciating. I understand you're trying to change -- you're trying to make things work, and I'm not
criticizing that.
MR. LENBERGER: I'd like to also just mention something here. I know this board reviews a lot of
land use petitions, conditional uses, PUD's, and you're used to seeing larger preserves, you know, and they
have irregular shapes.
At staff level we also deal with administrative stuff, a lot of site development plans undcr straight
zoning, which -- where this is more problematic, particularly to have a preserve maintain its integrity because
it's a small project, you know, that often we see somcthing like a very linear rectangle, trying to use it more
as a buffer as opposed to a preserve.
So you don't see those at least on as common basis at this board, at least I don't believe you do.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTrI: In your perfect world you're looking for circle preserves
throughout a development instead of having something that maybe meander arOLmd and bc--
MR. LENBERGER: No, we're not looking -- we're just comparing it to a circle. What we're looking
for is not to have lots of very narrow pieees that don't function as preserve.
COMMISSIONER VIGLIOTTI: But in a perfect world you're comparing it all to a circle.
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MR. LENBERGER: The calculations are. But we recognize preserves have irregular shapes.
COMMISSIONER VIGLIOTTI: All right, thank you.
CHAIRMAN STRAIN: We're on Pagc 182. Mr. Midney, then Mr. SchitIer.
COMMISSIONER MTDNEY: Yeah, just, you know, when you observe prescrves that don't
function, you can just really scc that this is true. 'Ibcy're thc linear prcservcs. And I mean, just when this
eame up I could call to mind any number, you know, that don't work.
And I think that it's a good idea to try to make something that -- make the preserves more functional
but also more predictable for the developcr so that they have something mathematical to work with instead of
just something that's just sort of vague.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yes. And I'm kind of fumbling somctimes with the length and
width. The length is always the longest dimcnsion, correct? Width would always be the shortcst.
MR. LENBERGER: Correct.
COMMISSIONER SCHIFFER: Okay. Well, how do you measure somcthing that is -- in other
words, I don't think the goal is to have, like Mr. Vigliotti is saying, circle preserves. So when someone does
an organic shape, what do you measure to, the outside edges?
MR. I,ENBERGER: You measure the perimeter.
COMMISSIONER SCHIFFER: Well, not -- thc calculation's not part of our code. This isn't part of
MR. LEN BERGER: Right, this is how statTwould calculate it. We would look at the perimeter--
COMMISSIONER SCHIFFER: Wait a minute, now, that's --
MR LENBERGER: Perimeter in feet and also the aereagc ofthe preserve.
COMMISSIONER SCHIFFER: Okay. And where does this calculation come into the Land
Development Code~
MR. LENBERGER: It doesn't. It's what staff would use to calculate the length to width ratio.
COMMISSIONER SCHIFFER: Well, lct's talk about what we have herc. In other words, if! have
an organic shaped thing, the outer edge to outer edge would be my length, and then my width would be the
perpendicular dimension to that or something, correct?
Like take for cxample -- well, take the one in the center, I think it's nine. Show me where the length
. .
IS on mnc.
MR. LENBERGER: We would calculate the length to width ratio using that calculation. We
wouldn't neccssarily try to pick out a length and width.
COMMISSIONER SCHIFFER: Let's do this, let's put the calculation in the code. And I know wc
tried that last time. The problem I'm having is that if you pull that down a sccond.
MR. LENBERGER: Sure.
COMMISSIONER SCHIFFER: Show me where the length is on nine and the width is on nine.
Because the ratio n that could fit your ratio, but you certainly don't want to encourage that.
MR. LENBERGER: Nine is a surface factor ratio of.5 I.
COMMISSIONER SCHIFFER: But look at thc ordinance that we're looking at now.
MR. LENBERGER: So threc-to-onc.
COMMISSIONER SCHIFFER: And I want to see ifit's greater than three-to-onc. What do I do with
nine? I know what to do in geometry land and I know what to do in math land, I just don't know what to do
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in this amendment.
MR. LENBERGER: RougWy equal to this rectangle here, a len<.>th and width of 1 O-to-one.
COMMISSIONER SCHIFFER: Go back to the picture of nine.
MR. LENBERGER: Of nine. I understand there are ,,-ide areas as welL
COMMISSIONER SCHIFFER: So I think if I went to the longest bounding reetangle that I could
draw with nine would comply with this codc.
COMMISSIONER MIDNEY: Just cut off the little arm.
COMMISSIONER SCHIFFER: Well, the little arm's helping me.
Anyway, my point is that, you know, first of all, wc don't want to encourage a geometric shaped
preserve, I don't think. And we don't want to penalize people for doing organie shaped preserves either. I
know what you want to do, is you want to keep the perimctcr as small as possible, but -- in other words, the
method that you'rc asking us to approve today, I think I could get nine to pass because the length of that
would be rather long and the width of that would be such that it would bc within three-to-one, probably.
MR. LENBERGER: You'd have to make the calculation the same.
COMMISSIONER SCHIFFER: Then lct's makc an LDC anlendment with the calculation.
MR. LENBERGER: So you would like to see the formula in the amcndment?
COMMISSIONER SCHIFFER: Well, you tried that last time and that didn't work. But if you're
going to go into behind the scencs, you know, you'rc going to go behind the curtain and come back out with
a calculation, then I think as a designer and the people in the industry should know that ahead oftimc, and
that should be part of our eode.
And I don't think you -- you don't want to argue a situation where you're arguing on your staff
method versus what's in the LDe.
CHAJ RMAN STRA IN: See, Brad, aren't you saying that because they use it in the back room even
when they were told by the boards the last time that it wasn't to be used, they're using it anyway. You as a
designer know you have to deal with it, so why don't we put it in the code. That's kind of -- I'm trying to
think of a polite way to say backwards.
COMMISSIONER VIGLIOTTI: Back door.
CHAIRMAN STRAIN: But there's a three-letter word in front of backwards that I could have put
there.
Why is staff doing something that is inconsistent with code so that now you have to do something to
change the code because they're doing it anyway so that you meet the design? J think we're going backwards
in the way we should be approaching this.
COMMISSIONER SCHIFFER: I think what I'd do, my predictable resuIt is I would read what
they'rc saying here. And they're saying the length is the longest dimension of the thing. Even if it's organic,
you take the outside dimension.
So I think the worst example they have here is nine. And I think nine works with the new code,
which I think is the only thing that staff can stand on is the actual wording of the code.
CHAIRMAN STRAIN: Well, which I had tricd to point out earlier when wc had some comments
made that they're doing what they're asking for now anyway.
So I'm just wondering what's brokcn that we have to change all this language. And when we're
looking at language to change, that wc can't evcn get answers from the people that are supposed to be
reviewing it that we're trying to understand. So something is definitely backwards here.
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Mr. Lorenz, did you want to speak?
MR. LORENZ: Yes, let me put this a little bit in some order here.
The Growth Management Plan talks about, as Steve has noted, is minimizing that I'm going to call
the edge effect to the degree that you do not want to have an acreage that goes into a preserve be strung out
in such a linear fa~hion that you havc a huge amount ofbowldary of that preserve in relationship to its
acreage.
So when you begin to look at just the regular geometry and you want to say you minimize that edge
efTect, the circular shapc is the shape that for a given area minimizes the boundary.
Any other shape othcr than that circle is going to be, and I'm going to usc the term less efficient of
that circle's ability to minimize that boundary condition.
Now, we have a Growth Management Plan. The EAR an)endment said that that's -- we're trying to
minimize that edge el1ect.
Now the question comcs is how do we quantify and how do we develop a process to, number one,
decide on what that minimization is. And number two, what's the process to make that calculation or at lea~t
for thc designer to understand what thcy have to design against and for staff to understand what they're
reviewing a proposal against.
The current proposal here in the code, there was -- St. Lucie County had an example wherc they had
proposed a shapc that would be a -- and they used the term a rectangle ofthree-to-one length to width ratio.
Now, you can create -- through that one formula that Steve showed on the visualizer, you can show
that a rectangle with a lenb>th to width ratio ofthree-to-one for that calculation comes up to a ratio of 0.77. Or
if you want to think about it as 77 percent a~ efficient a~ that circle in minimizing that area to edge ratio.
I f that becomes -- that can become a poliey deeision to at least establish that bcnchmark to say we're
not requiring 100 percent of what a circlc can do, but wc're going to drop down. A three-to-one -- a
three-to-one rcctangle ratio gets you down to .77. And a~ those notes that Steve showed before, you could
take any rectangular shape, make those calculations and you can get a feel for what that numbcr would be.
If you establish that number and a rectanglc of three- to-one is .77, if that becomes the standard, then
we can evaluate any type of shape with that formula to make sure that that length of that acreage does not
violate the.77 number, the equivalency. And that would be the process. You could cither adopt the formula
or you could adopt the cquivalency.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: I was waiting for him to finish, because Tor was next after you're done. So
go ahead.
COMMISSIONER SCHIFFER: And wc gct that, BilL Unfortunately, here is what happens. Our job
is to kind of make surc that the predictability of these words is what you mean.
So I can undcrstand that you want that ratio, and the ratio is not in the eode. What's in the code is a
length to width ratio. In an organic shape, how do you measure the length?
And again, for example, in nine I think the length is the longest dimension -- or the long -- you
know, I can bound that shape with a rectangle. With the computers today, this is an easy task. And when I do
put a rectangle around that shape, that's going to givc mc length and width. It's actually going to probably
makc this shape eomply, which isn't your intcnt.
So what you said in your introduction therc, wc got that last time when you had the equation. But thc
point is, these words, you know, like how would you handle that shapc? What is the length of number nine?
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MR. LORENZ: I can see that. Because in B it does not have the phrase that I was using, the
equivalent, the equivalency.
COMMISSIONER SCHIFFER: And it doesn't equate it to the back room calculations.
MR. LORENZ: It docsn't have that language. I see where that's the problem.
COMMISSIONER SCHIFFER: Okay. But maybe that if this is thc way you're bringing the
calculation in, I would rather see the calculation with the .77 than making the logical connection between the
three-to-one to .77. That isn't even in thc LDe.
MR. LORENZ: Yes, I understand.
COMMISSIONER SCHIFFER: That's done. I'm done.
CHAIRMAN STRAIN: Mr. Kolllat?
COMMISSIONER KOLFLA T: Yes. Brad asked a question I don't think I heard the answer of.
Perhaps I missed it. But if you look at item nine that's designatcd on the overhead, would you draw for me on
that with a pencil point or your finger point what constitutes the length, from what to what is the length and
then is what to what is thc width.
MR. LORENZ: The language here -- we should have specified in the language of an equivalency; in
other words, the equivalent ratio of a three-to-one rectangle.
So thereforc thc answer to your question, we would not have a length or a width to item nine. What
we would calculate is we would calculate through that formula what the efficiency ratio is or that shape
factor ratio is. And in that tablc, nine shows that it would be 0.51. A three-to-one ratio has an equivalent ratio
-- three-to-one rectangle has an equivalent ratio of 0.77. So this would be less than the 0.77.
COMMISSIONER KOLFLA T: So there is no length or width that you can direct on that--
MR. LORENZ: '[bat's eorrect. That's correet. And that's where this paragraph here should have said
equivalent, not just a length to width. And I thought we had that language in at one point, but --
CHAIRMAN STRAIN: Mr. Schiffer?
MR. LORENZ: -- I see it's notthcre.
COMMISSIONER SCHIFFER: And Bill, I don't think -- ifwc want that equation, which you did
last timc and for some reason it went -- then let's just use the cquation. Because making the illusion that the
bounding box ratio has anything to do with that equation is falsc.
So what you're going to end up with is somebody coming in with a reetangle bounding number nine
saying I comply and you saying no, you don't becausc of a number. Then get rid of the bounding box
concept and let's just look at thc number and go that way.
It made sense last time how you derive the number, whether we like. 77 or something.
MR. LORENZ: That would bc my prcfcrcncc. It secms as though that wasn't making an
understanding lor that last time, so we went back to this particular way of phrasing it. So I'm certainly -- I'm
certainly --
COMMISSIONER SCHIFFER: And I think you would miss getting that point across if you stood
with somebody who said that the reason you say three-to-one is a way to derive. 77 in the equation that you
really use behind the doors, you know.
MR. LORENZ: And then what you have here on this chart is some sense of proportionality of what
that number would be so that you can havc somc -- and then -- well, unfortunately the visualizer distorts this
a little bit, but you can now have a benchmark compared to the circlc for that number to make that policy
decision.
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And we showed you some real live examples of what those preserves would look like with their
companion number.
COMMISSIONER SCHIFFER: I mean, I personally would favor the equation and a number like
.75 and that does it.
Thank you, Mark.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLAT: Yes. You said apparently St. Lucie or some other county was your
basis for arriving at the three-to-onc ratio; is that corrcct?
MR. LENBERGER: That's correet.
COMMISSIONER KOLFLAT: Were there any other counties that gave you information on your
research, or just that one county?
MS. BURGESON: There were other counties. I believe thatnl'm trying to think of what I said. I
just mentioned it earlier in the meeting.
COMMISSIONER KOLFLA T: But three-to-one was more of a composite generalization of those?
MS. BURGESON: No, there was another one that had -- f bclievc the ratio was written in there to be
equivalent to 100 to 300. As opposed to saying a length to width ratio of three-to-one, they had minimum
widths and minimum lengths of 100 and 300. And I think that was Orangc County, but I will get that
information for you.
COMMISSIONER KOLFLA T: Thank you.
MR. LORENZ: There is on the visualizer hcre, if you take that equation and you look at -- and this
is prepared to show you a different set of regular shapcs so you have those shapes in mind, and let's just take
a prcserve that's 10 acres. The best you can do with that 10-acre prcscrvc in a circular shape would bc having
roughly let's say 2,200 feet.
If you went up to lct's say a three-to-one rectangle, which is this blue shape herc, you could have it
around 3,100 feet. That's ba~ed upon that equation. That then shows you what typc oflength you can have
for a preserve of acreage from lct's say zero to 25 aeres thc way wc sct this one up.
CHAIRMAN STRAIN: Mr. Schiller')
COMMISSIONER SCHIFFER: I think maybc a way to handle this is two things: Step one is in the
Growth Management Plan it says that we have to reduce interface. They're determined that that means the
perimeter of the preserve. Calculating that is the way to balanee what that mcans. So if we accept that thcn I
think we should really just go with the equation.
It's a two-step process. One, does the Growth Management wording reduce interface mean the
perimeter. And if that's the ease, then let's just use the equation.
If they're using that with people in applications, it's not fair to keep that hidden. I think we should
definitely put that into thc LDe. Thank you.
CHAIRMAN STRAIN: Okay, we're still on Page 182. Are there any other questions on Pagc 182'1
(No rcsponse.)
CHAIRMAN STRAIN: Steve, would you put the Glen Eagle's picture back up there, please, for
me?
Based on what we havc in front of us, is it correct rcading of a new language that only items seven
and 10 would be permissible?
MR. LEN BERGER: I don't have thc scale on this diagram. But remember that if the minimum
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width is 200 feet or greater, then more than nine -- you were saying 10'1
CHAIRMAN STRAIN: Steve, SFR. Didn't you need an SfR above. 77'1 Isn't that what you're
telling us has to be reached?
MR. LEN BERGER: Yes.
CHAIRMAN STRAIN: Okay. If you look on the right column under the SFR, are only two parcels
above.77 --
MR. LENBERGER: That's correct.
CHAIRMAN STRAIN: -- parccI seven and parcel IO?
So based on your example, only those two parcels on this example would meet the criteria of this
particular change in the code; is that right or not?
MR. LENBERGER: No.
CHAIRMAN STRAIN: Okay. This is part ofthe problem. I'm trying to understand what it is you're
trying to do and I am lost.
MR. LENBERGER: It meets the calculation. Those are the only two that mcet the calculation
requirements, but there are also criteria lour and five which says once you get to 200 feet wide as a minimum
width it doesn't apply, the calculation doesn't apply. Or if your existing vcgetation that you had originally
was only -- was less than the minimum width and you were required to retain it, then it wouldn't apply as
welL
CHAIRMAN STRAIN: Would number seven meet thc criteria in your current language? Just yes or
no.
MR. LENBERGER: Yes.
CHAIRMAN STRAIN: Would number 10 meet the criteria in your eurrent language?
MR. LENBERGER: Yes.
CHAIRMAN STRAIN: Okay. Well, then the original question I asked is yes. Youjust said not
necessan I y.
MR. LENBERGER: There's more eriteria than the calculation.
CHAIRMAN STRAIN: Okay. All the criteria on Page 182 and 183, does number seven meet that
eriteria?
MR. LEN BERGER: Seven and 10 meet the criteria.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFfER: Mark?
CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. Schiller. I still got a page of questions.
COMMISSIONER VIGLIOTTI: Under the current proecss, you get to review everything that
comes before you, correct?
MR. LENBERGER: Preserve criteria, our department does, yes.
COMMISSIONER VIGLIOTTI: Yes.
What's not working? What problems are you having that we have to create a more complicated
system that I don't know who else on the board is having a problem wlderstanding it?
MR. LENBERGER: The problem relates to smaller projects where you create linear typc prcserves
which are basically narrow and do not function a~ preserves.
COMMISSIONER VIGLIOTTI: Okay. But yet you used an example f()r a large PUD and not a
small one. If your problem is with the smallcr projccts, why are we using this as an examplc?
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MS. BURGESON: For instance, one of the things in this project that can show an example of how
you can make the preserve nunlber ninc compliant with this rulc is to take the extension off' of that preserve
and make that a separate preserve. Then number nine has that shape lactor ratio that is not bcing impeded or
infringed upon by --
COMMISSIONER VIGLIOTTI: I just think we're getting more eon fused as we go along. Again,
we're talking about smaller projects. This is a larger project. Are you getting me something on a small
projeet'1
MR. LENBERGER: I was looking at the examples I had, but this is the closest I have with some
really smaller pieces there like five and nine.
COMMISSIONER MURRA Y: Can you make that brighter, please?
MR. LENBERGER: Can [ what?
COMMISSIONER MURRA Y: Brighter?
MR. LENBERGER: Brighter?
COMMISSIONER MURRAY: Bring the illunlination up, plcase.
COMMISSIONER VIGLIOTTI: This is another large-scale project, though.
MR. LENBERGER: I don't know how to make this brighter.
This is thc only cxample that I have that has some smallcr pieces in there, tucked in here. Nine, five.
But I don't have any small examples of the sitc dcvelopment plan type products that are smaller. No, I don't.
COMMISSIONER VIGLIOTTI: But they're thc ones you're having problcms with.
MR. LENBERGER: Yes, that's correct.
COMMISSIONER VIGLIOTTI: So then this wouldn't apply because thcre's not a problcm with
this.
MR. LENBERGER: Well, actually, some of these preserves are very linear, like number nine.
COMMISSIONER MURRAY: Could you take thc sheet from underneath away and that might give
us a little bit more clarity?
MR. LEN BERGER: It looks worse.
CHAIRMAN STRAIN: Mr. Vigliotti, did you linish with your question?
COMMISSIONER VIGLIOTTI: Yes, I'm done.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Mark, I just wanted to add that based on the code they gave us,
preserve number nine also applies, because by the concept oflength and width bOlmding the preserve, that
one would then come into compliance, not with the calculation, but with their code as written.
CHAIRMAN STRAIN: Okay, anybody else on Page 182'1
(No response.)
CHAIRMAN STRAIN: Okay, Steve, let's go back to my question. On the exanlple you've got in
front of us, which preserves would meet the code bascd on the new language you're proposing?
MR. LENBERGER: I don't have a seale ofthc diab'Tam so I don't know which ones meet the
200-foot critcria. So I ean't answer that questionliIlly.
CHAIRMAN STRAIN: Okay. On number nine, Barbara mentioned if they put a cart path n well,
she didn't say this, but it could be done this way, put a lO-foot widc car path between the big body of nine
and the long skiill)y arm of nine, then ninc works. I'm not sure what wc've accomplished by doing that. But if
-- that seems to be an acceptablc practicc.
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MR. LENBERGER: You mean scvcring this arm from nine; is that what you're talking about?
CHAIRMAN STRAIN: She said if that arm wasn't connected to nine, it might work.
MR. LENBERGER: Yes, nine would work, but the arm that she left off would not.
CHAIRMAN STRAIN: Right. But all you got to do is sever that arm from nine and it works.
MR. LEN BERGER: That's correct.
MS. BURGESON: What wc're doing is saying that that long extension that gets impacted does not
function as a preserve and should not count as a preserve.
CHAIRMAN STRAIN: What's a preserve?
MR. LENBERGER: On the diagram, you're referring?
CHAIRMAN STRAIN: No, what's a preserve? What's the function of a preserve? I'm sorry ifI'm --
what's the function of a preserve?
MR. LENBERGER: Preserve is to maintain the biological community within it, that being plants
and animals.
CHAIRMAN STRAIN: Okay. What plants and animals are in thcsc preserves?
MR. LENBERGER: Are you talking with my farniliarity with this project in gcncral?
CHAIRMAN STRAIN: Anyone. I mcan, if you're looking at maintaining plants and animals, you're
in the urban arca, you'rc surrounded by thousands of units in the middle ofthe heaviest urban area in the
eounty. Y ou'vc got exeavated lakes, which certainly have drained all the wetlands and changed the
hydroperiod. You've got a golf course next door. Y ou'vc got roads on dit1erent points of it. I'm just
wondering what we're trying to prcserve here. And if we're trying to preserve something that's so valuable, I
would have a better understanding of where you're trying to go.
I'm not sure why we're mixing the eode up like this to make it more complicated. I haven't seen the
need yct. And that's a just statement, not a question.
On Item H(! )(a) or (b), under minimum dimensions, you have in order for prcscrvcs to function as
intended. When? At the time they wcre untouched') At the time the lakes were digging and changcd the
hydrology? At the time they were ovemm by exotics? When would that function come into play? At what
point in time would that function kick in? Do wc know, or how would you gradc that?
MR. LEN BERGER: Norn)ally you would look at a time that it's permitted. But if a project necded
rcstoration, you would try to improve it based on the laetors you just mentioned earlier, whieh could have
had influence on it.
CHAIRMAN STRAIN: Do you think, though, that preserve and anyone of those you're showing in
this example will ever function as they were, as naturc intended or as they were intended at any time, based
on where they are in the eontext of Collier County with all the excavations around that cerlainIy at1ect their
hydroperiods, and residences right up next to them?
I mean, I'm just -- we're going to a lot of extreme examples here to try to fix something that may not
be broken for the area in whieh it's being applicd.
And your second -- under (b), the length of a preserve boundary may be greater if the preserve
shares a common boundary with another prcserve. Who decides that? Is that decided by staff? How is that
determined?
MR. I,ENBERGER: If it adjoins another preserve, you look at the whole combination of preserves
together.
CHAIRMAN STRAIN: What if it joins another preserve that's only a strip along the outside of a
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project? Would that givc you a better--
MR. LENBERGER: You still could use it in the ealcuIations, absolutely.
CHAIRMAN STRAIN: Then the word targeted lands. Who's targeted thcm? Targeted for what?
MR. LEN BERGER: Government targeted.
CHAIRMAN STRAIN: For acquisition f()r right-of-way~
MR. LEN BERGER: No, it'd be conservation lands. And that would be things like thc CARL
program or Crew lands where there's funding available.
MS. BURGESON: It says targeted lor prescrvation purposes.
COMMISSIONER CARON: Right.
CHAIRMAN STRAIN: Page 183, anybody have any qucstions?
Mr. Murray?
COMMISSIONER MURRA Y: In that same vein, we have two prcserves. You indicated that if you
had one, it was on another property, I know that that can be considered joined.
MR. LENBERGER: Yes.
COMMISSIONER MURRAY: And then you'll do your calculation.
MR. LENBERGER: Right.
COMMISSIONER MURRAY: Now, what's the guarantee that when that other parcel is developed
that that will remain a preserve, and therelore, ij'it were not to remain a preserve wouldn't that impact on the
judgment made in the first instancc~
MR. LENBERGER: I understand staff' ha~ developed criteria, not to be heard today, but for ofT-site
eriteria, and I realize that could happen. But we haven't factored it into this. What we're saying is that with
the time you're permitting it you would use this ratio, and you would use the combined prcserves together to
calculate it.
COMMISSIONER MURRAY: So it's a gimme, basically. It's a dealn
MR. LENBERGER: There are instances n
COMMISSIONER MURRA Y: n forthc first opportunity.
MR. LEN BERGER: It could happen that you could do off-sitc criteria based on the other
amendments we're proposing.
COMMISSIONER MURRAY: I submit that that's a weakness that you've got to look at when you
take this on as welL
CHAIRMAN STRAIN: Any othcr qucstions on Page 183'1
Mr. Schiffer?
COMMISSIONER SCHIFFER: And one thing I never did get the answer is on nine. But one thing,
Mark, you said remember how they cut the wing, thc arm off of nine and then they said it complied? Well,
theoretieally, I guess you ean go in three-to-onc little rectangles up that line, eut off some more, that will not
work, up that line, cut off some more.
So it seems like bringing it into compliance is to removing pieces of it. That doesn't seem sound like
a good idea.
But before we go, what is the length and the width of numbcr nine as shown, per the code that
you've proposing today? You've ncver come to that answer.
CHAIRMAN STRAIN : You like that parceL
COMMISSIONER SCHIFFER: Well, Tor cven asked them for it, we're not getting it, because I
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think it points out a problem.
MR. LENBERGER: We understand what point you're making. We don't have thc length and width
on it.
COMMISSIONER SCHIFFER: Okay, I'm done.
MR. LENBERGER: Now remember too, when you do preserve selection criteria, you try to
establish the largest contiguous area as possible. There's also different criteria for seleeting different types of
habitats, based on listed species use and whatnot. And it all factors in. Just because there's an arm and you
want to chop it up into lots oflittle pieces, when we evaluate a project wc look at all the differcnt criteria in
determining preserves initially.
COMMISSIONER SCHIFFER: And to answer, Steve, I'm the one -- if you're going to use the
calculation behind the curtain, let's use it in front of the curtain and put it in the code.
MR. LENBERGER: I have no problem with that.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Midney.
COMMISSIONER CARON: At the very least this all has to come back for a rewrite, because we're
getting -- we have one thing in herc that specifically ties everything to length and width.
Mr. Lorenz gcts up and testifies that it should be an equivalent ratio. And so, I mean, there's really
no sense in discussing this any furthcr. If you want this to go anywhere, you're going to have to bring it back
and figure out what you actually mean.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MlDNEY: Thanks.
I think that this could make sense. I think that it just has to be formulated in terms of perimeter
instead oflength and width. To me it makes sense.
And with regard to your point, Mark, about what is the valuc of a preserve that's sort of in the middle
of developed lakes and middle of an urban area? I think prescrves still can function. They're not going to be
as good as it was, you know, in its natural state. But as wc live in more and morc urban areas, places like that
that are in a somewhat natural state are valuable.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I certainly would not agree that preserves like nine have no
lunction at alL My house baeks up to a prcscrve. And I'll tell you, I have both plenty of native vcgctation and
plenty of critters that live in there and use that as habitat. So, you know, just saying that they have absolutely
no value is just not correct.
CHAIRMAN STRAIN: Oh, I agree. I don't know who said that, but -- I never said it didn't have
value. I question the lact that they're a preserve functioning as they were intended to function. Naturc
wouldn't be operating on those preserves in this urban area a~ it may have been before that urban arca was
there. That was my point. I wasn't saying they do not have function.
In fact, some of your best amenities in projeets are prescrves. They sell better with houses on them
than most of your golf course frontagcs do.
So I have no concern and no problem with that at alL It's just a matter of what we're calling it, why
we're calling it that, and why we're putting a certain level of need on it. They arc open space, and open space
is treated differently than preserves.
Okay, are there any other questions from this panel?
(No response.)
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CHAIRMAN STRAIN: If not, I'll see iftherc's any public speakers. Any publie speakers? Doug?
He's kicking you out, Steve. He's trying to be very polite in the way he's doing it, though.
MR. LEWIS: Good afternoon, Commissioners. For the rccord, my name is Doug Lewis. I'm an
attorney with the law firm of Roetzel and Andress, and I'm here on behalf of Youth Havcn.
I think I heard correctly, and we can go back and look at thc rccord, but I think stafJindicated that
they currently look at shape as a factor in evaluating preserve. And I hope I didn't mis-hcar that.
If! did hear that correctly, and I'll go back and listen to the tape, I think that's something the county
attorney may want to look at. I can tell you that elearly the Land Development Code does not specifically
have a shape faetor requirement.
There wa~ some mention about the GMP, and I want to diseuss that in detail right now. But I will
tell you that for purposes of the Land Development Code, I don't -- I'm not aware ofa shape factor that
currently exists in thc code.
In connection with the Comprehensive Plan, the reason protlered by environmental stafT in their
amendment request for the changes to Section 3.05.07(H)(l )(a) and (b) is that the change in the minimal
dimensional requirements in the LDC nced to implement the requirements of the GMP conservation and
coastal management element Policy 6. 1.2. And so that's the reason -- and it's up hcre on the visualizer. And
you can see that they've stated to you as the Planning Commission that's the rea~on why thcy are here.
I'd like to present and put on the visualizer for you as well the language from the GMP.
If I can, I think it would be hcIpful to read that language so that you could see it.
In sub-two it says that the preservation of native vegetation shall includc canopy, understory and
groundeover, emphasizing the largest contiguous arca possible, which may inelude connection to off-site
prescrvcs.
So the emphasis under the GMP is the largest contiguous area possible, meaning we don't want to
have -- where we can emphasize contiguous prcscrve areas, that's better than having isolatcd, detached
preserve areas. So the emphasis bcing on the largest contiguous preserve area.
Now, that doesn't -- that's very distinct /Tom saying that we want to have not isolated prescrve areas,
but we'd like to encourage, emphasize largc contiguous prcserve areas. That's very distinct from saying now
that we have a large contiguous area, do we have a rectangle, do we havc a circle? Those relate to the shape
of the largest contiguous area. And that's not in any way discussed or addrcssed as a policy directivc under
the Growth Management Plan.
Now, the new language that they discuss is the purpose for identifying the largest continuous area. In
other words, the reason why we need to identify the largest eontiguous arca. It doesn't say the reason why we
necd to identify a shape factor once we've got this largest contiguous area. It may bc a rectangle, it may be a
box. It doesn't say we need to have a shape factor. It says the reason why we have this large contiguous area
is to provide for a core area that has the greatest potential for wildlife habitat by, the key word by, rcducing
what they're going to talk about as edge efTect.
So the purpose is to have this large contiguous area to provide a core arca that ha~ the greatest
potential for wildlife habitat. Now I don't know if staff has done any analysis. I don't personally know. I think
as you mentioncd, COllUnissioner Caron, therc may be some great areas in the urban cnvironment that
contain wildlile habitat that needs to be looked at.
But [ think that's something that in terms of a rcason to identity the largest eontiguous area, we
would want to have some analysis as to thc biological value. Do we treat all areas in the county like a
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one-size-fits-all approach or do we say that there are some areas, maybe not in the urban area, other areas
that maybe have more of a wildlife habitat. That's the basis for this cdge.
But again, the edge concept is in eontext with the largest contiguous arca test, e.g., we have one area,
not multiple isolated areas. And not once we have a large area how that shape looks.
And so I want to make that very clear, and I thought the language would be helpful in analyzing that
Issue.
The policy under 6. 1.2 emphasizes the largest area possible. The emphasis is on seeking to ereate
contiguous preserves, not multiple isolated preserves.
Further, the LDC currently eontains criteria for determining dimensional standards. And we've gone
over those. While the GMP emphasizes contiguous area, it is silent on the issue ofthe prescrve shape or the
issue of mandating one preserve shape over another shape.
As such, why are thcsc changes being proffered to the Land Development Code? Enviromnental
staff should be directed to rewrite this section to provide the reason or provide a supporting basis for this
shape or withdraw the item.
Further, the GMP's reference to the greatest potcntial area for wildlife habitat is in the context of the
largest preserve area, not in context with the shape factor.
In the context of wildlife habitat, staff should demonstrate by competcnt evidence the ecological
benefit of adoption of a shape factor, which is not, as I've discussed, it's not mandated by the GMP. I want to
be very clear on that. I think there was somc tcstimony by staff that it is not mandated by the GMP -- and you
see the language above -- for native preserves locatcd in the urban area ofless than five acres.
As a matter of policy do we want to havc a one-size-fits-all? Do we say that there are difTercnt
approaches we takc in the urban arca versus other areas?
This benefit if any should be weighed against the fiscal impact of dictating shape in the cost of
development. There may be many reasons why we look at shape other than just more density or more
intensity. There may be very practical reasons. And I think as a board, I think we need to consider the fiseal
impacts and weigh the benefits with the cost.
Staff' should quantify the cost from a cost bencJit approaeh to justify its own initiative on the shape
preserve. Again, its own initiative. If stafT eannot do this, I would reeommend that the amendment be
withdrawn.
In addition, the Land Development Code eurrently contains preserve sctback requiremcnts.
Now, there was discussion about other counties and how thcre are other counties that havc shape
factors. Well, they may have difTerent Growth Managcment Plans. Do they havc thcir own preservc
setbaeks?
Now, preservc setbacks essentially dictate how -- the proximity of development, principal structures,
accessory structures, interferenee, construction within 10 feet of a preserve area. Those I would assume are
designed -- those preserve setbacks which we already have in the Land Development Codc, I would prcsume
are designed to help ameliorate some of the edge ellect of development.
And so I think given the fact that the code already provides in the Land Development Code preserve
setbacks, staff should demonstratc by competent study what is brokcn and why from a cost benefit analysis
perspective this amendment is needed. If wc're addressing an edge efTect through preserve sctbacks, why do
we need additional standards?
Finally, this amcndment should contain an exception (sic) for existing preservc areas. Now, without
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this exemption, many existing preserves created by this amendment might be deemed by staff to be legally
non-conlorming. StatTcould make the argument that there would be no expansion of the nonconformity or
enlargement of the nonconformity without some sort of off-site mitigation or some compensation or
additional on-site preservation. And so that's something that I think we need to look at.
You have many projects that have been through the process. They've identified their preserve area.
There's conservation easements that are on those sites. I would like to see an exemption that says look,
you'vc gone through thc process, you've donc exactly what you were asked to do at the time, and you've
preserved those lands. They mayor may not comply with the shape factor, so they should be cxempt.
COMMISSIONER CARON: Mr. Lewis, does four do that?
MR. LEWIS: I've looked at that. And I'm kind of twisted a little bit. I think it could be an argument.
I certainly would come in on a project and say yeah, that would be a basis.
I would just say if it's a policy decision that we want to recognize projccts that have already defined
their preserve areas and exempt them, I think we need to make it clearer to avoid confusion.
Not today, but next time we meet when we discuss 3.0S.07(a) and (b), I have a situation currently
with thc Youth Havcn whcre I'm looking at very, very clear language. I mean, I don't think as a lawycr I
could draft language any clearer. 'Inere's a blanket exemption tor my client and I have an issue with staff
ovcrthat.
So I would just say I would rather err on the side of clarity. And I will have more to proffer about
that in the next meeting. But I am concerned.
Further in thc PUD process that we'vc just redone the applicant must identify at least 75 perccnt of
the preserve area on their ma~ter plan. Properties that have obtained a PUD approval and have identified their
preserve areas, they may currently meet the shape requirements and the preserve requirements, but we have
PUD's that havc been recently approvcd and approved that may not mect the shape requirements.
And we would have a problem here. When these owners comc in for site development plan approval
or they come in to amend their SOP or even in a phased development where you may have sold ofT
outparcels and you have a what you think is a prcserve master plan that you can rely on, this prescrvc area
that was set aside in the -- identified in thc PUD master plan may not comply with these new requirements.
This could result in the need to rework tlle preserve area in thc PUD at the time that we come in for
an SOP or a site plan. Increasing or changing the preserve area impacts development layout and could reduce
dcnsity and intcnsity.
In fact, in a moment I'm going to ask Tim Hancock to comc forward and he'll aetually present to you
an example of something that thcy're finding right now. And we would see a loss of density in that example.
These types of changes create lots of unintended consequences that have not been disclosed to you,
in fairness, in the report to this body. And we would ask that you consider carefully the basis for what we're
doing, why we're doing it, is it directed by the Camp. Plan. I would suggest very strongly in the language that
is thcre, it is not. Thank you.
CHAIRMAN STRAIN: Thank you, Mr. Lewis.
COMMISSIONER SCHIFFER: Mark, I have a question.
CHAIRMAN STRAIN: Mr. Schiffer?
Hold on a second.
COMMISSIONER SCHIFFER: Quick question. Do you think in your opinion -- obviously what
thcy're saying is they're trying to create the greatest core area that has the greatest potential for wildlile
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habitat. And it says by reducing the interface between the preserve area and the dcvelopment, which
decreases eonHicts of other land uses. Do you think that means the perimetcr, or does that --
MR. LEWIS: Yeah, I think you could make the argument that in the context of the largest
contiguous arca test. In other words, you're saying that instead of an isolatcd, multiple isolated preserves,
when you havc one large preservc, it could be a reetangle, that it docs -- in that instance, the poliey is we
want to preserve wildlife because it's a larger arca ofland.
And I think the point I'm trying to make is that the policy addresses the issue of the largest
contiguous area versus multiple isolated preserves on a site. That's the emphasis. And the benefit of that is
the edge. You have less of an edge, less of a disturbance when you have a larger parcel.
What they're doing is taking it one step further, and they're saying once we have this large area
defined, now we'rc going to actually mandate the shape of that large area. Ibat's not what the -- if you look at
the language, and I strongly cncouragc you to look at that language, it reads very clearly, the purposc for
identifying the largest contiguous area -- it doesn't say the purpose for identifying or creating a shape factor
or for reducing edgc. It says thc purpose, the rcason why we have this emphasis on the largest contiguous
area is exactly that, in answer to your qucstion.
COMMISSIONER SCHIFFER: All right. Okay, thanks.
CHAIRMAN STRAIN: Mr. Hancock?
Thank you, Doug.
MR. HANCOCK: Good afternoon, Commissioners. Tim Hancock with Davidson Engineering.
The project you see before you is currently undergoing review as a rezone. I would like to point out
that this was not the first preserve alignment we proposed to the county.
On this sidc of the projcet is a recorded preserve as a part of the Royal Palm International Academy.
On this side is proposed dcvelopment, building, schools, parking.
On this side is a stadium, or again, additional development.
And on this side is existing homes.
Originally the prcscrvc requiremcnt of approximately 1.1 acres was shown adjacent to the existing
preserve here in, yes, a linear fa~hion. The reason it was linear, even though it was 90 fect wide, is because
there's no real diftercntiation on this portion of the site. There's nothing significant about this area versus that
area. It's about 70 percent Melaleuca. When thc Melaleuca is removed you'll have a straggle pine here and
there. It's going to require replanting of all thrce strata. So there's nothing distinctive about it. There's no
natural line to follow, per se. But in order to meet the county's current LDC requiremcnts, that's what we
proposed.
We then submitted to the South Florida Water Management District an application for an
enviromnental resource permit.
In their initial review, they didn't care so much about this area over here. They said this area over
here's got a little more quality to it. Wc'd likc to sec you set that aside. Okay. Well, if we set that aside and
we set aside the acre the county requires, the yield of the project got so low. And I'd like to point out, the
yield you see herc is around 2.6 units per aere. This is not a pack-'em-in project.
So what we did, using the existing LDC standards, is we drew a line around the area that the district
said they fClt was priority, yct we had to bc contiguous to thc preserve over here. So what we did is we used
the existing LDC standards, which are a minimum of20 feet wide, and we used as much width as we could
wltil we got to right here trying to -- and again, it's a balancing act of trying not to lose a reasonable yield on
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the property. This area is 20 feet \vidc.
So this particular layout meets the letter of the code. Is that what we initially tried to do by being
adjacent to an existing prcscrvc? No. Is it thc preferred? No. But it's a hybrid by trying to achieve and
aceomplish what multiple agencies in this case are looking for.
'This particular -- and to answcr your question earlier about how are things being enforced, Mr.
Strain, the response we get to this preserve from county staff is not that you don't meet the land development
code standard, it's that you don't mcet the Growth Managcment Plan standard. This doesn't meet the GMP.
Yet it does meet the Land Devclopment Code.
COMMISSIONER MURRA Y: How is that possible?
MR. I IAN COCK: Well, it's possible if you are applying the Growth Management Plan instead of
thc Land Devclopmcnt Code. That's how it's possible.
And we get rejeetion eomments. And the rejeetion commcnt is based on GMP language, not LDC
language. I have a problem with that. I've always had a problem with it, I continue to have a problem with it.
That being said, let mc show you what thc proposed language does to this projeet. You asked about
what the financial impact would be. In order to meet the district's requirement ofkeeping this as a part ofthc
preserve, yet to meet the new shape requirement of width to length ratio, three-to-one, and meet the
contiguous requirement, the prcservc would have to take a shape somewhat similar to what you see here.
You can see very clearly that -- the application here as this project goes from 27 units to 23 units.
What do you bclicvc the fiscal impact is when you lose 15 percent of your developable area? That's thc fiscal
impact.
These arc both 1.89 aeres. And again, I want to point out, what wc're proposing, we're only required
to set aside 1.1 acres in this project, but we're proposing 1.89 to attempt to address both the county's
requirements and the district's desires. So we're already exceeding the county's standard on amount of
acreage.
The current shape, or the proposed shapc requirement ba~ically is the same aereage, but the
orientation results in a loss of developable land.
Let me give you a second cxample. Thosc of you that havc been struggling with the neighborhood
centcrs in the Estatcs may recognize something like this. This is a casc where the requirements in the Growth
Management Plan have a SO-foot buffer bordcring the adjaeent properties here and here. In addition to that,
there's a 25 percent landscape oufTer.
Undcr the currcnt LDC standards, we can takc a portion of that 50-foot buffer whieh is lcft as native
vegetation. On this site 100 percent is native; there's no argument there. And at a SO-foot width we can meet
our preserve requirement.
Now, this preserve requiremcnt is a little bit lower because there's a degree of take that's going on on
two sides of the property. But ideally this would be a .7S-acre preserve, but because of the take it's down
around .4 acres.
Under the proposed shape requirement thc property owner loses in addition -- beeause they don't
mcet the three-to-one in this area, they have to in essence create a block and drop that block in. And where
this particularprojcct had only 2.05 acrcs ofyicld rcmaining, they lose 12 percent of it.
So what is the fiseal impact of going from 2.05 acrcs and losing 12 percent of your developable
land? And it goes one step further. Wc have yct to put in thc rcquircd turn radiuses for fire access, which
havc to be interior 25 fect. Thcre's another cncroachmcnt in thc design of the project.
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The point of these two examples -- I guess I should say the intended point of these examples -- is to
show that the shape requirement docs not work for small parccls. The two projects they put up on the
visualizer, I'd like to point out, are 20 years old each. They weren't permittcd five years ago under the current
standard. You could not permit either one of those in anything close to their eondition that was put up on the
visualizer, yet that's the problem we're told we're trying to fix is a 20-year old project.
Let's look at something done four years ago. Let's look at something that's in review now and
determine, Mr. Vigliotti, what's the problem that wc're trying to fix.
What I would suggest in looking at this language is, first of all, obviously for small parcels a
three-to-one ratio, whcther it bc through thc -- via the formula or through trying to apply three-to-one are the
worst cases you could draw out for how it adversely affects the parcel, because you have the fewest
limitations on how you ean redesign your site. Wc're dealing with 2,000 acres, we have signifieant wetlands,
we've got a variety of things we can point to and set a~ide an ability to address our sitc plan. We have
flexibility.
When I have 10 acres and I'vc got a half acre over here that's pretty good stuff, but yet I've got to get
somehow to an acre and I have to use a three-to-one ratio, I'm dead in the water. I ean't get it done.
One of the questions is what is a preserve. And I think the reason we're finding ourselves in this
position is threc-to-one by itself is not a death blow. But when you look at how we define preserves, and then
that is one of your questions, Mr. Strain, is what is a preserve. A preserve used to be, when we started this
years ago, where all three strata were present. It was indigenous vegetation that was naturally functioning,
native vegetation and the word viable Wa'; used.
We havc tumcd that dctinition on its ear now. Instead of saving a piece of the good stuff; we're
saving 15 percent of just about everything. Because the new delinition is you only need 25 percent of one
strata. Which means you can have Melaleuea trecs covering your site, but if I look at an aerial and circle the
treetops ofthe pine trecs add them up and gct to 25 pcrcent, the whole thing is native.
So we've gonc from a piecc of thc good stuff' to upending that and now making everything qualify.
So now it's more or less IS percent of your site unless it is greater than 75 percent exotic. Everything else.
Grasses. If you have no trees but you have 25 percent nativc grasses under this proposed definition,
that's native vegetation.
But hcre's what I ask: Go in and ask to makc that a prescrve and you're told, doesn't qualifY, you
need all three strata to count it a~ a preserve. So we're reaching out and cneompassing a larger amount of
land and now we're adding on top of that a three-to-onc shapc rcquircment which greatly reduces l1exibility
and keeps us from doing things like on a 20-acre project putting 1 OO-foot nativc vegetation buffer across the
baek of it next to the residences. That doesn't count as native prescrvc anymore. Under the county's proposed
language, any project ovcr 18.4 acres must have a 200-foot minimum width to their preserve, based on a
thrce-to-one. If you do the math, any preserve over 2.75 acres must now be 200 feet in width. It doesn't make
sense.
And when I try and apply it to projects, particularly projects that are in proeess right now that they've
spent six or nine months trying to get them done, if they're approved with the prescrve the way it is now,
when we eome in for a plat or site development plan, they're not worth thc papcr they're written on, because
they won't mcet this requirement. And they're going to have to be fully and totally redesigned, and they're
going to have to givc up IS percent or 12 percent of thcir land that they thought they had. That's thc fiscal
impact. When somebody ean address for me how that's being handled, then I think we've got something to
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build on.
My recommendation is simple: If we'rc going to go forward with any changes in this area, first and
forcmost maintain minimum widths. They are important, I'm not minimizing that. But the South Florida
Water Management District for years has used an average width. I know, there's issues in measurement, I
wlderstand that. But a minimum and an avcragc allows you to shapc and movc the preserve in such a way
that the intent is to have an average of "X" amount of width. But in areas where it's not practical or it doesn't
make sense, you don't have to go through a severc series of steps to prove that, it's just understood. It could
be that simple.
My point today is to show you that the proposed rccommcndations will actually kill small projects.
CHAIRMAN STRAIN: Thank you, Tim.
Any other members of the publie wish to speak?
(No response.)
CHAIRMAN STRAIN: Okay. Tim, I appreciate--
COMMISSIONER MURRAY: There's a stand-up.
CHAIRMAN STRAIN: Come on up, Bruce.
I appreciate your clarity today in your presentation. You've expressed concerns I've not only hcard
from the business community, but I've aetually hcard them from homeowners groups and civic groups, in,
issues they wcre trying to resolve. There's a huge frustration out there, and I think you pointed out some very
viable issues. Thank you.
MR. HANCOCK: Thank you, sir.
MR. LAYMAN: Bruce Layman, WilsonMillcr. That will be a hard act to follow.
A lot of what I was going to talk about has already been discussed. But going back a little bit, this
particular amendment started last year, went through the process and fizzled when it came before your
commIssIon.
Basically the shape factor, SFR, ratio was gcnerated. There was a lot of discussion, there were many,
many -- much analysis. They looked at existing projects, many of them we've seen on the visualizer, showing
what the SFR was for various shapc preserves.
And at the time it was identified that SFR of 0.6 was a reasonable minimum for a shape of a
preserve that would still minimize the edge effect on the preserve from pcople planting, you know, Boston
fcrns in their baekyard in thc preserve edge or hanging a bird feed or trimming a branch, whatever, the
negative efTect of having an adjacent land use next to a preserve.
We started with a .6. It went to the EAC. And paraphrasing they said, well, if.6 is good, .7 must bc
better. So thcy changed it to .7 and approved it. Then it came before your board and for various reasons it
was withdrawn.
This year the same concept is coming back. It's becn given a differcnt name, the three-to-one ratio,
which is a much easier concept to grasp than that complicated mathematics as we've seen.
However, then it came timc to try to calculate what thrce-to-onc rcally meant, and you're told, well,
go back and use the SFR calculation to verify whether you meet the minimum. And as you've heard, the SFR
for a rectangular thrcc-to-one ratio is .77.
So wc'vc gonc to .6 that had a whole lot of input lrom the both the public, thc consulting
eommunity, the county staff. We went Irom .6 to .7 to .77. I feel like I'm on a runaway train. And we're
seeing that it really is becoming problematic to design appropriately, particularly lor small projects.
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I've looked at -- one of the projects that was not put up on thc visualizer that I'm familiar with is --let
me get it out here. This is -- sorry.
This is Pelican Marsh, and the Cocohatchee Strand is the preservc two, three and four. Those are
three wetlands end to end. They flow from north to south, they're all interconnected.
If you use the.77 SFR, none of those three wetlands qualifY. If you use the.7 SFR, none of those
three wetlands qualify. If you use the .6, the top one, numbcr two qualifies. Yet this is an award-winning
preserve.
It really scares me when we start going down this path ba~ed on mathematics, based on trying to
minimize the potential for what the Joneses will do to the edge of the preservc ncxt to their property.
It was also mentioned earlier that, you know, what are preserves. We sec them in the urban area.
What kind of wildlife and stuff would use them. Do we see deer, bobcat, panther in there that might necd a
big court area so that thc edge cffect doesn't disturb them? I don't think so. Wc'rc going to see snakes, lizards,
rabbits, raccoons, a lot of those critters thrive on the edge etlect.
So I -- the whole concept of moving forward really is a scary one. And I would bcg that you
consider either going back to thc SFR where we started last year with a .6 and still revisit it, beeause it still
had some rough edges on it, or possibly takc this -- wcll, as we said, we really don't want the ratio of
three-to-onc, but the appropriatc ratio that would be equivalent to the .6 SFR would be about a seven-to-onc
ratio. But again, we want to get away from the ratio, because it's not rcally -- you're not calling applcs,
apples.
So let me see if there's anything else.
Oh, one thing that did oecur to mc while I was sitting in the audience is thc justification for coming
up with somc method to quantify a minimum shape of the preserve is u where are wc here -- to reduce the
interface between the prcserve area and development which decreases the conl1icts from other land uses.
Now, we've taken that as a quantified -- a quantification associated with the linear fect around the
preserve. You could also probably interprct that is if you have a lcss impactive land usc adjacent to your
preserve, you are also decreasing the conflict from the adjacent land use. Havc a passive recreation park
adjacent to the preserve, have a lake adjaecnt to thc prescrve, have a golf course rough adjacent to a preserve,
relative to having more othcr more impactive land uses adjacent to the prescrvc. And I don't think that's becn
addressed even in the SFR analysis that was done last ycar and has been carried I~)rward to somc degree this
year.
So anyway, I throw all that out there becausc I know there's going to be a lot of discussion, but that's
all I had.
CHAIRMAN STRAIN: Ms. Caron, you had a question?
COMMISSIONER CARON: No, I just had a comment. I was glad to hear him say that math models
for dealing with Mother Nature are sometimes morc than just a little problematie.
CHAIRMAN STRAIN: Okay, any other comments? Oh, Mr. Midney, then Mr. Schitler. Is it about
this particular gentlcman?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Mr. Midney, is yours?
COMMISSIONERMIDNEY: Yeah.
CHAIRMAN STRAIN: Okay, Mr. Midney, you're first, thcn Mr. SchitIer.
COMMISSIONER MIDNEY: Yeah, I appreciate all thc comments that we've had so far. Just a
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comment.
I think we can all agree that the edge effect is real. Prescrves do serve a purpose, and prescrves that
are all scraggily shaped turn into weed lots. They tend to get invaded and they don't get their purpose. If you
have better design preserves it's better lor the developer becausc it's easier to maintain, it's better for the
residents and it's better for the whole county. So I think that we can develop an ordinance and it should be
based on some sort of a mathematical model, but we're just not there yet.
CHAIRMAN STRAIN: Okay, Mr. Schiffer?
COMMISSIONER SCHIFFER: And my question just from experience, when you're dealing with
the staff now, are they using thc SFR ratio to judge preservcs?
MR. LAYMAN: No, it's more ofa gut fceling. Is the shape the Iargcst, most contiguous. And that's a
very, very subjective -- you know, there's not a quantification to it, other than the minimums, you know, the
20-foot minimum width, that typc of thing, the minimums are discussed, I believe.
CHAIRMAN STRAIN: Thank you, sir, apprcciate it.
Mr. Schmitt?
MR. SCHMITT: Yeah, I just have a eommcnt after listening to everything.
Andjust so the Planning Commission understands, probably all thc issues I dcal with with the
development eommunity, this is the most contentious. Absolutcly. Because it impacts what can be put on a
pieee of property. I think Tim had some great examples.
What we're trying -- what we set out to try to do la~t year and again this year, we're trying to
establish some certainty and something that defines the parameters.
The problem now is it's so subjective. You apply the Growth Management Plan, it says the largest
and most contiguous. What does that mcan? That's what we were trying to define here.
If we don't do that -- and somchow what happens is a devclopcr who maximizes thc package on a
piece of property wants to then put the preserve around thc perimeter and have a I 0- foot or 20- foot widc
preserve and call that a preserve. It's nothing more than becomes a perimctcr bufTer.
So I guess from the standpoint -- what I really need herc is something that provides -- ifwc don't
want preserves, we don't want preserves. If you want a minimum prcserve, a minimum width, minimum
length, let's just state that and anything that applies we will allow.
And I think that's what I'm looking for, I'm looking for some certainty and something that provides
guidance both to the applieant and to my staff so that we can objectively cvaluate, rathcr than subjectivcly
evaluate.
CHAIRMAN STRAIN: Well, Joe, if your stalJpaid attention to thc Land Development Code
instead of trying to interpret the GMP, maybc we wouldn't have sueh a problem. But it sounds to me like the
problems arise beeause they'rc interpreting the GMP, and that's what the Land Development Code's
supposed to do, as approved by the Board of County Commissioners. And if they were to stiek to the Land
Development Code, maybe we could follow some guidelines. And I think that seems to be a problem I've
heard from at least two people talking today. I really think that's a problem. I rcally think that's the wrong
approach to take. If they fecI the GMP is not interpreted right, the opportunity is to change the Land
Development Codc through the process, which ineludcs thc Board of County Commissioners, and until this
changes, they live by what the LDC says.
MR. SCHMITT: I don't arguc that. And that's exactly what wc're trying to do through this
amendment.
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CHAIRMAN STRAIN: Well, I hope that before the amendment's passed other projects in the
pipeline get looked at pursuant to the Land Development Code and not someonc's intcrpretation of the GMP
that mayor may not be eonsistent with the Land Development Codc. Bccause that's what we heard herc
today, and I really don't think that's the right way to approach things.
But anybody clse havc any comments? Mr. Vigliotti, did you have a comment?
COMMISSIONER VIGLIOTTI: No, I'm waiting for him.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I guess we're going to send this baek to the drawing board, so to
speak?
CHAIRMAN STRAIN: Well, here's the problem I have. This advertised by what it is today.
Through a variety oftestimony and through a varicty of comments, I don't think it even eomes close to what
the GMP is looking for.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Scnding it back will change it substantially to a point where I don't think it's
ready to be -- needs to be sent back. I think it needs to come back in another cycle with a bettcr conclusion
rather than what we've got here today. This is no gain. And as far as I'm concerned, it ought to be
recommended for denial. And if staff wants to rc-attcmpt it with a better procedure through public
stakeholders and people involvcd, then that's how it ought to be done. Then at lea~tthe public is aware.
The issues we heard today, the impact on some of these small projeets is extrcme. We'd be wiping
out small businesses unknowingly. And I don't want to see that mistakc.
COMMISSIONER SCHIFFER: I'm with you.
COMMISSIONER VIGLIOTTI: Did you make a motion?
CHAIRMAN STRAIN: No, as Chair I don't think it's appropriate to make a motion.
COMMISSIONER VIGLIOTTI: Then I'll so make the motion that we forward this to the BCC with
a recommendation of dcnial.
Do we need explanation?
CHAIRMAN STRAIN: Undcr thc basis that it isn't consistent with the GMP. Based on the -- it
doesn't meet thc intent ofthe GMP.
Mr. Klatzkow, how definitive do you want that to be?
MR. KLA TZKOW: If it's your opinion that this does not meet the GMP, that's a heck ora reason.
CHAIRMAN STRAIN: Is that all you nced?
MR. KLA TZKOW: That's all you need, yes.
COMMISSIONER VIGLIOTTI: Ycs.
CHAIRMAN STRAIN: Mr. Schit1er, did you seeond it?
COMMISSIONER SCHIFFER: I'll second it, but I have a conccrn, is that what if the Commission
looks at it and accepts this methods? Becausc there's a lot of flaws in the method. For one, they can't give me
the answer on numbcr nine.
This could go before the commission and then they could actually override us and approve it. So
rather than run the risk of that, I think we should rewrite it before we sent it to them with a --
CHAIRMAN STRAIN: Commissioner Caron?
COMMISSIONER CARON: I think--
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COMMISSIONER SCHIFFER: -- motion for deniaL
COMMISSIONER CARON: n a better idea is to bring it back in another cycle and that way you've
got plenty of time to do it, as opposed to just denying it.
MR. SCHMITT: Look, another cycle's going to be a year, year and a half away, all right? And I'm
looking at this and even if I just take the wording minimum dimensions and add that sentencc, the minimum
width standards. See, I need to define some criteria. And it says, the minimum width standards shall apply.
20 feet then. Even if[ add that one sentence then, that's a change. It at least defines the minimum criteria.
What you're doing now is just throwing this thing out and wc'rc back -- I think even with this I can
make some changes that providc some details as to how to apply it.
CHAIRMAN STRAIN: How is the current code broken? The only broken part I've heard today is
the interpretation of the GMP that staft's trying to institute because they don't think the code is apparently
strict enough. I don't believe that is a good reason. Where is the current code broken?
MR. SCHMITT: The GMP says largest and most contiguous. Now, that is -- that debate goes on
between staff and the applicant hack and forth into my ol1ice, and what thc debate is, is this 20-Joot prescrve
that runs three-quarters of a mile around a development, docs that mcet the requircment?
Well, is that the largest and most eontiguous? It probably is not. But if you want to add cri -- again,
what you're doing is allowing the situation to continue. If that's what you want, we will apply with what's
written. I think within here, even if you took out minimum dimcnsions, even ifyoujLL~t left the one sentence
in and said the following minimum width shall apply, that one sentcncc. And then 20 feet for property less
than 10 acres, and thcn it gocs on. But that's your calL If you don't even want to deal with it, then I will bring
it back a year, year and a half from now, whenever the cycle comes back to you.
CHAIRMAN STRAIN: Joe, this is talking about PUD's as one. I mean, basically the preserves are
mostly in PUD's, are they not?
MR. SCHMITT: That's eorrect -- no, any development requires a PUD. You eome in for a
development of a plat, has a conditional use and they're going to develop a ehurch, wc will apply the
preserves standards. Commercial a~ well as residential.
CHAIRMAN STRAIN: But the most -- the biggcst potcntial to gain preserves would be through the
PUD process, or rezone process, and that goes through the boards. And the prcserves that come under those
have to be justified in front of a public process. They can be set aside, thcy can be worked accordingly.
This minimum width rarely applies. In faet, the only timc I know it applied in this DeVoe or
whatever that Germain Auto recently, I was surprised at that, but that got approval of staff'. So I'm not sure
we have as broke of a problem that needs to be rushed through and fixcd with a fix that isn't well thought out.
And this one hasn't been well thought out.
COMMISSIONER SCHIFFER: And n
CHAIRMAN STRAIN: Mr. Sehiffer?
COMMISSIONER SCHIFFER: -- Mark, one thing -- and again, beeause they can't give me that
dimension of the length and width, the bounding box concept is really what they'rc deseribing. The things
that Tim showed us comply. The first one was cssentially a square. That's a one-to-onc preserve. That's not
what I think they mean, but that's what they're describing verbally.
So I don't think the minimum dimension standards work.
CHAIRMAN STRAIN: Any other cormnents, discussion?
(No rcsponse.)
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CHAIRMAN STRAIN: At this point the rccommendation is for dcnial.
All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Ayc.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
COMMISSIONER CARON: (Indicating.)
COMMISSIONER MIDNEY: (Tndieating.)
CHAIRMAN STRAIN: Two opposed. Motion earries 5-2.
Okay, with that we'll take a break and we'll come back at 2:50.
(Brief recess.)
CHAIRMAN STRAIN: Okay, welcome baek from the break. And I think the first order of business
besides me going to get a cup of coffee is to find out what the -- Bob, you've got two cups.
COMMISSIONER VIGLIOTTI: You want one?
CHAIRMAN STRAIN: No, that's okay, you keep your two cups, Bob, I don't necd any.
First order of business is timing of this eommission's meeting today. When do you think we'll be
wrapping up? I was thinking 5:00. Docs that work for everybody?
COMMISSIONER MURRAY: Oh, sure. 6:00, 7:00 is good, too.
CHAIRMAN STRAIN: Okay, 7:00 Mr. Murray wants. What about thc rest--
COMMISSIONER SCHIFFER: Let's get it done.
COMMISSIONER MIDNEY: I have to be somewhere by 5:30.
COMMISSIONER SCHIFFER: We've got a quorum.
CHAIRMAN STRAIN: 5:00'1
COMMISSIONER CARON: 5:00 is good.
COMMISSIONER MURRAY: Whatever you say.
CHAIRMAN STRAIN: Tor')
COMMISSIONER KOLFLAT: 5:00 sounds good to me.
CHAIRMAN STRAIN: Okay, well, let's set it up for 5:00 then, because we're going to need another
day.
Mr. Schmitt, has there been any -- do you have any days piekcd to whcn we would be able to
continue to? We're going to go till 5:00 today.
MR. SCHMITT: You want to talk about that now, then.
CHAIRMAN STRAIN: Well, I'd rather get it over now so we--
MR. SCHMITT: Basically what I got is -- okay, you have meetings on the 4th of September and the
18th of September. I have four petitions that you have not seen, nor have they been publicly vetted. Tbey've
been publicly vetted for everything, but you havc not seen it becausc they've been under an1endment. You
cannot even review those until the 18th. You're going to gct those today.
I'm going to hand those out today. Thcrc's four. John will hand them out, and I'll go over them. It's
your Page 133, 14 I, 165 and 219. Those are all amcndments that have been back and forth bctwcen
committees, sub-committees, we have linallanguage.
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To give it the 15-day criteria, I'm going to ask that thosc be delayed and those be part of your 18th
September regular meeting. I talked to Ray yesterday. I think your meeting will allow for those four to be
heard on that day.
CHAIRMAN STRAIN: On the 18th?
MR. SCHMITT: On the 18th of September, yes.
And John will hand those out. If they're up there, John, we can hand those out.
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: Now, let me go back to 4 September. September 4th your agenda again has
changed. Therc were some camp. plan an1endments and other things. Those have now since been continued.
You do have some Planning Commission items. And I think we can hear some of these amendments. I don't
know how much time you want to spend in your regular meeting on the 4th.
The other day I can offer is thc cntirc day here on the 26th of Scptembcr.
So bascd on what you got, you got that list in front of you that we're working off today, plus the four
amendments that we'rc handing out, and the ones that were going to go today that have to come back to you.
So I've got three different days that we're looking at. Two are your regular meeting days, the 4th and the
18th, and then a full day on the 26th.
CHAIRMAN STRAIN: Okay, anybody have any preferences?
MR. SCHMITT: But I'd like to deal with the four I just handed out for your, quote, first hearing on
the 18th. So Ijust want to lock that in for sure.
CHAIRMAN STRAIN: I don't have a problem with that on the 18th. Is that okay with everybody?
COMMISSIONER VIGLIOTTI: No problem.
CHAIRMAN STRAIN: Okay, let's do that on the 18th.
MR. SCHMITT: And then I don't know what we can -- we'll try and continue from today to the 4th.
Your scheduIc isn't that bad, but it -- you know, we just -- yeah, that's one of those you don't know until you
know.
CHAIRMAN STRAIN: Ms. Caron, then Mr.--
COMMISSIONER CARON: Well, I'm just not sure you have timc with thc holiday to do that lor
the 4th --
MR. SCHMITT: No, someone --
COMMISSIONER CARON: -- to revise language and n
MR. SCHMITT: You're not going to finish today. Do you want to -- the ones we don't get through
today, do you want to -- at the cnd of the day you're going to -- wc can still continue those to the 4th.
COMMISSIONER CARON: Okay, all right, that's fine, yeah.
CHAIRMAN STRAIN: Okay?
COMMISSIONER CARON: Yeah.
Should we book the 26th anyway?
MR. SCHMITT: Yes.
COMMISSIONER CARON: I think we should.
MR. SCHMITT: And then I can book thc 26th for--
CHAIRMAN STRAIN: Ycs, wc should.
MR. SCHMITT: -- everything that's got to be reheard, I guess.
CHAIRMAN STRAIN: I agree. Let's do the 4th, the f8th and the 26th, just like you said. Let's hit
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all of them.
MR. SCHMITT: All right, so the 4th h
CHAIRMAN STRAIN: Will continue where we leave off today on the 4th.
MR. SCHMITT: Where we leave off today. The 18th will be those four items that are rather
contentious because it's the EIS. Where's Stcve? Steve, the EIS -- a few other nice juiey ones.
MR. LENBERGER: Native vegetation.
MR. SCHMITT: Native vegetation, all those noncontroversial issues. And then we'll set up the 26th
as a -- as sort of the -- finish any hearings and then try to do the rehearing on the 26th.
CHAIRMAN STRAIN: That sounds good. Thank you, sir.
Okay, so we'll go to 5:00 today.
The ncxt item up today is oh, let's see, we're on Page 185, the item is 3.05.07 H. I .d, preserve
standards.
COMMISSIONER MURRA Y: What page did you say, Mark?
CHAIRMAN STRAIN: Page 185 and 186.
Steve, it's all yours.
MR. LENBERGER: Thank you.
This one is conservation mechanisms. I put the compo plan languagc up on the visualizer.
And basically we required eonservation easements for all preserves. And the camp. plan requircd
that, but was amended. And now it says conservation mechanism to prohibit further development. And it
says the type of permanent conservation mechanism, including conservation easements, required for a
specific development may vary, based on preserve area size, type ofdevclopment approval and other factors
as set forth in the county's land development regulations.
I solicited the help of the eounty attorncy's office on this, since I'm not an attorney, and the existing
language had all kinds oflcgallanguage in it. So I did solieit their help, and I havc the language in front of
you. Also, we a~ked assistance from our surveyor in our department relating to some of the language as well.
And I'm here to answer any questions thc bcst I can.
CHAIRMAN STRAIN: Okay. We'll take the -- all on two pages. So anybody have any questions?
COMMISSIONER SCHIFFER: Ycah.
COMMISSIONER MURRAY: I have.
CHAIRMAN STRAIN: Mr. Schiller, thenMr. Murray.
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER SCHIFFER: On Page 186, on 0, third paragraph, it says that separate traets or
easements with legal aceess. What is legal access, just vehicle access to the site?
MR. LENBERGER: I don't think it nccessarily includes legal access, but just so we can get to the
property from a right-of-way.
COMMISSIONER SCHIFFER: So it could be a pathway?
MR. LENBERGER: Pathway or something was my interprctation.
COMMISSIONER SCHIFFER: And then down at the next paragraph where it states you can't dig
into a preserve area with a non-compatiblc use or allowablc use. Where werc thosc listed, or arc they listed?
What is a non-compatible use? Other than everything, you know.
MR. LENBERGER: Well, it will be uses that arc inconsistent with the language of Chapter 7.04.06,
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August 28, 2008
which I unfortunately don't have in front of me right now. But that's your standard conservation easement
language that the state uses for conscrvation easements. And it prohibits changing the soil, excavating,
digging, altering the fauna and flora, basic things like that.
It does allow for permitted activities, though, such as restoration activities. So if it's ineompatible
with that language, that's what it would bc referring to.
COMMISSIONER SCHIFFER: Okay. So essentially somebody could have an access drive through
their property bcyond the preserve go through it. Is that allowed or --
MR. LEN BERGER: If there was an easement going through the preserve, it would be excluded
from the preserve.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, I want to understand about that non-inclusive easement. Is
that for ingress and egress only? What's its purpose?
MR. LENBERGER: Which paragraph here?
COMMISSIONER MURRA Y: Oh, I'm sorry. It's under 0, it's the second paragraph, a
non-exclusive easement in favor of the county wherein you take no maintenance obligations on should be
provided for areas --
MR. LEN BERGER: Right. That's referring to a conservation casement and that was from the
cxisting language that we struck out above it where if you look about halfway down on the struck-through
language above it, on the right sidc it says A. A non-exclusive easemcnt or tract in Iavor of Collier County.
We tried to keep the language consistent.
COMMISSIONER MURRAY: Okay, but you don't know what that easement is for then, huh?
MR. LENBERGER: I would have to turn to Jeff on how to --
COMMISSIONER MURRAY: l'mjust wondering if you have an casement that you want to enter
into that's your purposc, what about the right to cross other property to gain entrance to thc easement that you
want to get into?
MR. LENBERGER: This is dcaling with the conservation easement itselt~ not aceess.
COMMISSIONER MURRAY: No, I understand that. I don't think I made myself clear. But I was
wondering what the easemcnt is in the first place. And if it's an ingress and egress, I ean understand it.
MR. LENBERGER: No, it's a eonservation cascment.
COMMISSIONER MURRAY: Oh, you said it was a eonservation ea~ement?
MR. LENBERGER: Yes.
COMMISSIONER MlJRRA Y: Okay.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: In that same paragraph, what happens -- what kind of mechanism do
you have for protecting prcserves under an acrc?
MR. LENBERGER: The procedure set out, and wc coordinated this with the county attorney's office
on current projects, but we would include the preserve -- legal description on the site plan, whether it's
construction plans or site a development plan, along with protective covenants language, the 7.04.06
language, we would includc that language on the site development plan as welL And that's what we're
propOSing.
COMMISSIONER CARON: So no matter what size.
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August 28, 2008
MR. LEN BERGER: Right. Yes, that's correct.
CHAIRMAN STRAIN: Mr. Midney? Oh, I'm sorry, were you done, Ms. Caron?
COMMISSIONER CARON: Yeah, that's fine. Ijust need to see that that's exactly what this
language says. Go ahead.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: If the county has no obligation to maintain the easement but it's their
property, who will maintain it?
MR. LENBERGER: We havc an easement over it but we don't own the property. The -- it would
stay with the homeowners association or whatevcr cntity owned it.
COMMISSIONER MIDNEY: They would still be required --
MR. LENBERGER: And they would bc rcsponsible for maintenance obligations.
CHAIRMAN STRAIN: Any other questions on either of the two pages?
(No response.)
CHAIRMAN STRAIN: Steve, this is to -- they're not going to be required to reeord a conservation
easement for the county unless ereated through the platting process. If it isn't created by plat and it isn't
recorded, how docs it show up on someone's title?
MR. LENBERGER: A conservation cascmcnt, separate conservation easement will be required n if
a project is not platted, it will be required I()r all preserves over an aere.
CHAIRMAN STRAIN: Okay, but say it's under an acre.
MR. LEN BERGER: Okay, under an acre there's no conservation easement requircd.
CHAIRMAN STRAIN: Then we don't really have a preserve, do we?
MR. LEN BERGER: We have a preserve that's identified on a site with a management plan and with
proteetive covenants language, but no, it's not a conscrvation eascmcnt.
CHAIRMAN STRAIN: I'm n a lot of times buyers come in and shame on them if they're not smart
enough to do duc diligcnce. How do they in a title policy know that they have any eonscrvation area on their
property?
MR. LENBERGER: They would have to look at the site development plan.
CHAIRMAN STRAIN: Whieh most of them wouldn't even know whcre that is or how to find it.
I'm just wondering how the public is protected in that regard.
COMMISSIONER MURRAY: A lot of land mines.
CHAIRMAN STRAIN: Barbara?
MS. BURGESON: For thc reeord, Barbara Burgcson again.
The eonservation easements were only required post the final order and the GMP amendments that
required us to do that. Prior to that wc only had eonservation easements placed on large preserves. So all
smallcr prcscrves prior to that point were called preserves on site plans.
And [ know that that doesn't answer your question in terms of whether that proteets people or makes
it easier, but it makes it much lcss expensive and less onerous lor the smaller preserves to not have to place a
eonservation ea~ement on them.
CHAIRMAN STRAIN: If they have to draw up the legal for the conservation easement to place it
on -- do they have to n like on the SOP, do they have to legally lay it out?
How would they define it on an SDP,just put the word preserve on a spot and say from line to line
it's a prcservc, or would they show a legal description?
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August 28, 2008
MR. LEN BERGER: It would have a skcteh and legal description.
CHAIRMAN STRAIN: Okay, well, it only cost a buck a page or something like that to go down
and record it. Why wouldn't you just want them to record that legal description so that the -- I'm rcal
concerned -- hcre's a scenario that could happen. Someone could buy a home from a bank on a foreclosure,
whatever they want. Nobody knows that that preserve's there except for the original person. They don't know
that thcy can go down, look at an SOP, ,md even ifthcy did, it's a tough process to figure out the SOP
number, then try to find it and everything else.
And here thcy go usc the area and thcn find out they've created a huge problem for themselves
because they went in and cleared it and put a picnic table there and a basketball court, and the next thing you
know, they've got big problems.
MR. LENBERGER: I understand your concern, but it doesn't relate to single-family lots. There's no
preserve rcquircment for single-family homes.
CHAIRMAN STRAIN: Okay. What would this relate to then?
MR. LENBERGER: Open space areas on a site development plan or plat construction plans.
CHAIRMAN STRAIN: Site development plan--
MR. LEN BERGER: You would havc areas that weren't designated for single-family homes or
multi-Iamily tract, but you have open arcas. That's wherc your preserves would bc.
So it would be the area in thc common owncrship as opposed to a single-lamily lot.
CHAIRMAN STRAIN: That may be where I -- where's the -- how did you exempt single-family
lots? Maybe it's exempt in anothcr section.
MR. LENBERGER: Single-family homes are exempt from the preservation rcquirement. We do
have that spelled out in one of the other amendments.
CHAIRMAN STRAIN: But wasn't it struck in onc ofthc other amendments, too?
MR. LEN BERGER: We clarified it. It's in one of the other amendments. I don't remember which
one. But single-Iamily homes are exempt from preserve requirements. They're not required to have
preserves.
CHAIRMAN STRAIN: Undcr 0, protective covenants, all preserve areas shall be designated as
preservcs on all site plans.
Instead of just saying site plans, could we say site development plans?
MR. LENBERGER: We could.
CHAIRMAN STRAIN: And then any time you use the word site plans, you refer to the site
development plan.
I know SOP's aren't required for single-family homes. You just don't do those for small homes. That
would have helped me understand this out of the context that it was taken.
MR. LENBERGER: Wc can make that ehange.
MR. SCHMITT: I prcfcr to have that, because sometimes a single-family home comes in on a plat,
that is called a site plan. I mean, you know, that terminology is used.
CHAIRMAN STRAIN: So we can change that to SO -- site plans?
MR. SCHMITT: Yes.
MR. LENBERGER: Yeah, that's fine, I agree.
CIIAIRMAN STRAIN: On the third paragraph down -- well, the second one talks about there will
be no maintenance obligation shall be provided for all preserve arcas that are one acre or more. And in the
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third paragraph, it says all preserve area~ shall be shown on the preliminary and final plats. But this is
supposed to exempt some from being on the linal plat; is that correet?
MR. LENBERGER: No. If the project is platted, you're supposed to plat the preserve.
CHAIRMAN STRAIN: What if you don't know it at the time of platting?
MR. LEN BERGER: I don't quite undcrstand your question. If someone comes in for a project and
they plat it and there are preserves, they wi II have to be platted as preserves.
CHAIRMAN STRAIN: Even ifthcy'rc under one acre?
MR. LENBERGER: Yes--
CHAIRMAN STRAIN: Doesn't matter the size.
MR. LENBERGER: -- that's correct f()r plats.
CHAIRMAN STRAIN: That's what I think I meant by the word alL
Okay, any other questions? Mr. Klatzkow?
MR. KLA TZKOW: Yeah, you raised the idea of recording this. And I'm trying to figure out why
that's not a bad idea. I mean, it's a minimal cxpcnsc, $15 or so.
CHAIRMAN STRAIN: Right, it's not a big deaL
MR. KLA TZKOW: And I think, you know, records get lost, we know that. But once you record it
with the clerk, you know, those are pretty easy to find.
MS. BURGESON: I think some of the complication eomcs in -- again, Barbara Burgeson -- with the
creation of the conservation easement document, thc revicw of that, having that document go through the
process of having environmcntal rcvicw staiTlook at it, then it's subsequcntly sent over to the county
attorney's office for their review.
There are four or fivc parts that have to be done with that eonservation easement, including an
obligation for staffto do two site visits for evcry conservation easement that's accepted. And it's very
time-consuming for both the county stafT and lor the property owner to create that conservation easement, to
provide the other documents -- Steve, maybe you could tell me what the other documents --
MR. LENBERGER: Gap title opinion. Opinion. We havc to review all this material and require it.
CHAIRMAN STRAIN: Well, my concern is -- when I startcd thc questioning was that if n and I
understand you kind of took away a lot of it when you said it wasn't singIc-family homes and then we
redefined it as site development plans. Now I know it wouldn't be single-lamily homes. But would we need
an SOP for a duplex?
MR. LEN BERGER: I think it's three or more units, isn't it, Joe?
MR. SCHMITT: Three or more.
MR. LENBERGER: Thrce or more, yeah.
CHAIRMAN STRAIN: Okay, so a triplex or four-plex or something like that If someone had a
small development, three or lour-unit development and they wanted to do an SOP, they eould do it and they
could have a preservc less than an acrc, thcy wouldn't have to record it.
MR. LENBERGER: That's correct.
CHAIRMAN STRAIN: Okay. If someone bought that facility and then startcd utilizing the preserve
for manners that were inconsistent with our codc, code enforcement could then go out and make them restore
thc property and do whatever else they have to do. Is that a sccnario that could happcn?
MR. SCHMITT: Yes, it could.
CHAIRMAN STRAIN: Okay. That's the only part I'm concerned about, bccause we know those
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kind of things do happen, especially when someone inadvertently stumbles on what they think are
inconsistencics with our eodes.
I don't know, what's the coneern of the commission? Anything at all? One acrc may not be big
enough to replant, maybe, but -- Ms. Caron?
COMMISSIONER CARON: Well, I wasjust wondering if lor those that are one acre or less, ifit
had to be that complicated in order to register it, as the county attorney was talking about.
If it's one acre or less, do you have to makc two sitc visits" Do you havc to -- you know, how much
staff time do you really have to spend with it? Ifit's on a site plan at that point, not a site development plan or
even -- couldn't they record that somchow?
CHAIRMAN STRAIN: Well, your legal and graphic are what you need that the surveyors draw up.
And they're just stuck on a site plan. So they could be put on an eight and a halfby 1 I for recordation--
COMMISSIONER CARON: Right, so it's on a site plan already.
CHAIRMAN STRAIN: But I think it's the eascmcnt language that has to be formatted and reviewed
by the department --
MR. KLA TZKOW: This easement languagc is always the samc. Thc only thing that's changing is
the legal description. I'm assuming that we're rcquiring lcgal dcscription anyway, so I'm not entirely sure
why this is ditlicult. But I may be wrong. I don't do this cvcry day.
CHAIRMAN STRAIN: Okay. I would rathcr, bcforc wc go too far with this, that you guys get
together with thc county attorney's ollice, come back with a process that eould be -- that these -- wherc we
could record these. And if it is as onerous as you say it is, maybe thcn therc's a bcttcr reason not to. But I'm
not surc that I'm hearing the same thing lrom both departments.
Anybody else have any -- Mr. Sehifler?
COMMISSIONER SCHIFFER: .lust the thing, if it's simple, could wc put it in here, just the wording
that it should be and just essentially do it in thc LDe?
MR. KLATZKOW: Well, iJ'the concern is two site visits, we can waive that lor these. Whatever
makes this onerous we could put in here that whatcver -- these are not rcquired.
My understanding is you do require the legal description. Every single one of these should be the
same, thcsc casements, and --
MR. LEN BERGER: Some of them vary, depending on uses allowed. We've had a fcw variations
eomem.
MR. KLA TZKOW: Ifit's hard, I understand that. I just don't know.
CHAIRMAN STRAIN: Well, I'd rather the two departments got togethcr and came back to us with
a recommendation after that discussion occurs.
I'd sure like to know if -- you could call it a special easement and record it as somcthing that's
restrictive under thc conservation manner, but maybe not as intense as a conservation cascment.
MR. KLA TZKOW: You could cvcnjust refer to thc sitc dcvelopmcnt plan for the specilies. The
point is to just put somebody on notice there's this easement out there.
CHAIRMAN STRAIN: Right. We necd to sce that mechanism, so we need to come back with it.
MR. LENBERGER: I'll coordinate with the county attorney's olIice.
CHAIRMAN STRAIN: Next item on the agenda is 3.05.07(1I)(I)(e), preserve standards, on Pagc
187.
MR. ANDERSON: Mr. Chairman, excuse me.
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Augdst 2~ 20{:;
CHAIRMAN STRAIN: Oh, I'm sorry, did you have something on the previous one?
MR. ANDERSON: Yes, sir.
CHAIRMAN STRAIN: Bruce, I'm glad you reminded me. I'm --
MR. ANDERSON: No problem.
CHAIRMAN STRAIN: -- getting to that age where I can't remember anything anymore, it seems.
MR. ANDERSON: And I'll bc glad to take this up with the county attorncy if it would save you
time, since you're going to be hearing this again.
We have concerns about the conservation easement form being used. It's from the statutes. It's
apparently mueh morc restrictive than the standard eonservation ea~ement that the county has used in the
past and would prohibit some uses that are allowed still by the county.
CHAIRMAN STRAIN: Well, since this is supposed to be a minor issue for an acre or less, we
would rathcr kcep it as simple as possible. And if there's a method that you could talk with the county
attorney and any suggestion as his maybc just a reference to thc SOP is all that's needed. I would highly
suggest that would be the way to go. And then we come back with hopefully something that works for
everybody. Does that work for you?
MR. ANDERSON: Ycs, that would be fine.
CHAIRMAN STRAIN: Thank you, sir.
MR. ANDERSON: Thank you.
CHAIRMAN STRAIN: And I'll remember again to eall cvcrybody. I kecp forgetting. Just stand up
ifldo.
MR. ANDERSON: Also, on thc currcnt county conservation easement form, it providcs a right of
access n
CHAIRMAN STRAIN: Oh, it does?
MR. ANDERSON: -- to the conscrvation area. So there's really no reason to clutter up the legal
record even more by recording access easements which may have their own setback requirements, et cetera,
et cetera.
CHAIRMAN STRAIN: Thank you, sir.
Okay, we'll move to Page 187. And that goes to Page 192.
Steve, it's -- how much of a presentation did you want to make on this onc?
MR. LEN BERGER: Just writing down last notcs, excuse me.
This is -- 187 would be creation, restoration of native vegetation. I have the GMP policy on the
visualizer.
And basically we're to determine the circumstances when the creation or restoration is allowed and
to specify eriteria for crcation and restoration. And that bcing preserves.
Any questions you have, I'll be more than glad to answer them. I really don't have a presentation on
this one.
CHAIRMAN STRAIN: Okay. Let's start with Page 187 and 188. Questions from the Planning
Commission?
(No response.)
CHAIRMAN STRAIN: Anybody?
COMMISSIONER MURRA Y: No.
CHAIRMAN STRAIN: Okay. Page 187, Steve, the liseal analysis.
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MR. LENBERGER: Yes.
CHAIRMAN STRAIN: I'm assuming you're -- do you have an idea of what a created acre of native
vegetation costs that you could provide lor us?
MR. LENBERGER: We could probably figure that out for basic planting. It would depend on the
type of habitat. But we can kind of give you an estimate.
CHAIRMAN STRAIN: I would think that would be helpful.
Page 188. I noticed you took out the word reasonably aecommodate. What was the thought process
there?
MS. BURGESON: The reason for that -- again, Barbara Burgeson -- is that created preserves are the
least successful preservcs. We want to rcally discourage that any time we can. We want to discouragc
creating preserves.
We want to make sure that there's an absolute need to do that because ofthe high failure rate of
preserves. And you ean get that information from organizations like South Florida Water Management
District.
When an area is completely recreated, it's usually very difficult to have that sueeeed. And so we
have identified the criteria below where we feel it's nceessary to allow somebody to creatc preserves. But the
intent is to absolutely discourage that.
CHAIRMAN STRAIN: Under E(T)(a) you addcd a scntence. Does this apply to single-family home
sites? I know in the prior one I didn't think it did.
MR. LENBERGER: There's no prcservc requirement for single-family homcs.
CHAIRMAN STRAIN: There's no created preserve requiremcnt cithcr'l
MR. LENBERGER: Right, there's no preserve requircment, period.
CHAIRMAN STRAIN: So it wouldn't matter if someone had a homesitc on seven or 10 aeres, it
wouldn't be required.
MR. LEN BERGER: That's right, that's correct.
CHAIRMAN STRAIN: Okay. Under B, why are we putting in the new language and why are we
taking out the old? What's wrong with the old languagc?
I mean, if someone has -- if they have to work around it and they can't, why would we want to force
them to?
MS. BURGESON: Again, we're just trying to tighten up the opportunity lor someone to -- a
developer to say well, my site plan -- the way I want to design it, I would like to, I would prefer to havc this
building over here when the code would allow them to redesign that and not have to create a preserve. So
again, it's --
CHAIRMAN STRAIN: But ifthcy do create a preserve and we end up with some more preservc
acreage, what's wrong with that?
MS. BURGESON: Crcated preserves fail more often than if we require that they just provide
retained native vegetation as preserves.
CHAIRMAN STRAIN: But don't we havc monitoring requirements so that crcated preserves don't
fail a~ often?
MS. BURGESON: Wc have monitoring requirements. And I ean tell you that if we went out to all
of the preserves that we know in thc past five years that have been created, we'd probably find that most of
them are in violation.
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August 28, 20m3
CHAIRMAN STRAIN: Would -- if you went out to all the prescrves that were left because they
were native, are they still in as good ofa shape as they would have expected to be in? Won't you have that
same scenario whether it's native or not?
MS. BURGESON: No. It's the wrong vegetation and the wrong soiL The elevation is not proper.
The vegetation type that they've chosen in thc creatcd prcserves may not be proper.
CHAIRMAN STRAIN: But I read language in one of these changes, and I'm not sure which one it
is, it may be further on in this one, I've rcad so mueh of this stuff lately, that was very specifie about how
somcone chooses the material and plants it and how it's monitored to make sure it survives.
MS. BURGESON: I understand.
CHAIRMAN STRAIN: Ifwe're doing all that, then why is there a detriment for ereatcd preserves,
especially if it is to accommodate -- oh, it's right there.
MS. BURGESON: Because you're looking at vegetation that's becn established in an area with, for
instance, that exact elevation. When they're creating preservcs, they're usually ehanging the elevation
slightly, so you're going to have a slightly different hydrology. It's just not cxactly the same when you're
creating a preserve.
And what the language is in the code that identifies the best criteria when somebody absolutely has
to ereate a preserve in our hopcs that it will be successful and to the best degree will be successful for thc
property owner.
MR. LENBERGER: We also added language in this section talking about the soils and things like
that, because we find when you have this fill material added to preserves or to areas for ereated prcserves, the
plant material just doesn't do welL So we're trying to add some language in here so hopefully a higher
percentage of these will be successfuL But they havc not shown to bc successfuL
CHAIRMAN STRAIN: Okay. Well, anybody else on 188?
(No response.)
CHAIRMAN STRAIN: Ifnot, we'll go to 189. Any qucstions on page -- Mr. Murray, then Mr.
Midney.
COMMISSIONER MURRAY: Yeah, at i n ii, where you start out where ereated prcscrvcs are
approved, the planting plan, ta da, ta da, ta da, and you spokc about largcr -- utilizing larger plants materials.
Larger than what? I think it's a little vague.
MR. LENBERGER: The amcndmcnt gives the size critcria. But yeah, that was the languagc that has
been used. The minimw11 landscape requirements, for examplc, would bc smaller than these size materiaL
COMMISSIONER MURRAY: Don't they expressly -- don't we ordinarily exprcssly relate to them
in terms of gallonage for plants and so forth?
MR. LENBERGER: We specify the criteria on the next pagc.
COMMISSIONER MURRAY: Okay, but you're saying that you're relereneing me to the ncxt page
for the answer to this page; is that what you're telling me?
MR. LENBERGER: Yes.
COMMISSIONER MURRAY: All right, let me go down further in that next paragraph: Or must
demonstrate at least five years experience with successful enviromnental restoration in Florida.
Is that as an employee, is that an owner? How is that person n how are they charged with that
responsibility to be five years in expertise? And how does that--
MR. LENBERGER: Five years experience doing restoration projects.
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COMMISSIONER MURRAY: And the experience can be as an employee of a company?
MR. LEN BERGER: Yes.
COMMISSIONER MURRAY: So that if they were an employee of a company for six years and
they decided to have their own busincss, they would not be tossed out, they would be given the opportunity.
MR. LEN BERGER: Y cs, they would. As long as they met the critcria, the credentials in the EIS
section, yes, they would.
COMMISSIONER MURRAY: What evidence would they provide for you that would give you that
knowledge that they've got that expcrience? Expericnce is a pcrsonal subjective thing --
MR. LENBERGER: I understand. But they can demonstrate any way they want. We haven't set that
criteria out.
COMMISSIONER MURRAY: But you did when you said jive years--
MR. LENBERGER: Well, we said five years --
COMMISSIONER MURRAY: I would agree with you they can demonstrate it in other ways. But
five years is a rcquirement you put upon thcm.
MR. LENBERGER: Right.
COMMISSIONER MURRAY: I'm not sure that's the most ideal way of going about it. I understand
what I think the intent it.
MR. LENBERGER: How would you phrase that?
COMMISSIONER MURRAY: Wcll, if you want me to decide that, I'd--
MR. LENBERGER: I'd like to hear your suggcstion.
COMMISSIONER MURRAY: Demonstratcd cxpericnce would have to be based on cither a
rendering -- not a rendering, but a provision to you of some kind of a doeument that gives their experience.
Now, I would have preferred that you had somc kind of set criteria for them that they could relate to
it. And I have no objection to five years, as long as you don't preclude someonc from taking a shot at getting
a job and doing it --
MR. LENBERGER: I'm not prccluding thcm. As long as they mcet the credentials in the EIS
section, we're fine --
COMMISSIONER MURRAY: So when you're in that transaction that you'd be meeting Josephine
Doakes, that's Joe's sister. When you're doing that, what will you be looking for in that five years? They
could be doing it one month a year --
MR. LENBERGER: Evidencc that they workcd on products, this type of product. Usually they can
give time frames when they worked on a project through permits from differcnt agencies. There's any way
they can demonstratc it.
COMMISSIONER MURRAY: Would be the way you would knock them out, that they wouldn't be
qualified? I mean, you're just telling me that you --
MR. LENBERGER: If they couldn't provide any evidence that they'vc worked on any projeets
within the time frame -- or within the five years we require.
COMMISSIONER MTJRRA Y: I understand your intent. I'm not sure you've gotten there. Okay,
thank you.
MR. LENBERGER: A lot of consultants will list on resumes products they've worked on over the
years, and they'll give dates and thcy'll givc all kinds of projects. And a lot of them do relate to different
agcncy permitting, and I'm surc it wouldn't bc hard for them to give us those permits too, if they want to
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document that way. But we don't want to create an onerous type situation here --
COMMISSIONER MURRAY: No, and my motivation is -- my concern is associated with someone
being dcnied the opportunity, if they're a new business, for them to be able to practice their trade. And I'm
just wondering whether or not this is our best method. That's alL Thank you.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Yeah, on the bottom of Page 189 where you talk about where
available, surface soils indigenous to the site shall be used to create a preserve. Where native surface soils are
not present or where existing surfacc soils arc heavily overgrown with highly invasive groundcovers, a
minimum of one foot of native topsoil shall be used.
How can you get one foot of nativc topsoil to put somewhere without destroying the natural soil
somewhere else?
MR. LENBERGER: Hopefully that would have bcen from another development project. But
generally it's -- we don't want fill placed in the area where the vegetation is not going to do welL
Generally when you have a projeet, if you have disturbcd areas likc that, you'll have other areas that
are undisturbed that you're going to dcvelop. And we'd like you to use those soils if they're in the area for
clearing and you can't retain the vegetation and you have to create, well, then use that soil, that surface foot
and move it into the preserve. Use that as a ba~e, that's all we're asking.
COMMISSIONER MIDNEY: I don't know, I'm a little bit sceptical, because usually in Florida the
layer of topsoil is quite thin in most areas. And to try to recreatc it in the difTerent strata I would think would
be pretty tough.
MR. LENBERGER: Well, first,just a clarification. We're using surface soils, so I don't want you to
just -- kind of just -- it's not just topsoiL It's the natural sands with thc acidity, for example, in a pine
flatwoods that would occupy a ccrtain amount of feet on the upper layer as opposed to the lill underneath
that has a lot of limerock and gets hard when you bring it up on the sur/ace and it compacts. That kind of
stuff. So it's not just topsoil, it's the surface soil.
CHAIRMAN STRAIN: Wc're on Page 189. Any other questions?
(No response.)
CHAIRMAN STRAIN: Steve, the top of Page 189 continues an item started on Page 188.
When state and federal permits mandate the ereation of flowways needed to provide assuranee that
the overaU wetland system will function. And I would suggest we insert the word or requires creation of
native habitat on-site.
Because if the state or federal permits require that, why wouldn't that be an allowable reason for
created preserves? Why would wc strike that language?
MS. BURGESON: Again, that's just to minimize the creation of habitat. If they're requiring
tlowways to bc created and then they're requiring native habitat on-site, it's just to minimize acceptanee of
that created system. And the tlowway systems, when we've talked to South Florida Water Managcment
District, are critical for them.
So we've tried to give them the henefit of the doubt that even whcn those flowway systems may not
fulfill our dcscending criteria requirements in our codc f()r prescrvc areas, that we are allowing them to use
those.
CHAIRMAN STRAIN: Okay, maybe I missed my point. lfthe statc or federal permits require you
to do something, whether it be a llowway or to create additionalnativc habitat, you're going to have to do it.
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Why don't we let them do it?
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: Why are we crossing the language out? Why don't we just put or --
MS. BURGESON: Because thcre may be vegetation or habitat on-sitc that's of greater value and is
required by our code to be preserved before that upland area that may be created by the ageney.
CHAIRMAN STRAIN: But the agency is going to require it to be ereated regardless. So aren't we
double dipping then?
Now they're caught in thc limbo of the state and feds and then they're eaught in the limbo of us
having this language taken out and not giving them an exception for it. Why would we do that?
Either way, we're creating -- something positive's being done. And if that's the goal, then why
wouldn't we want either one to be applicable~
MS. BURGESON: We'll put it back in.
CHAIRMAN STRAIN: The last line, this exception may be granted regardless of the size of the
project. Again, if it's a state and lederaI issue, why are we debating it? It's done. The state and feds require it.
Someone has to do it. So why wouldn't we want them to be able to benefit from that?
Anyway, that's my thoughts. You don't have to answer me, because I think I'm -- I'm just offering a
practical explanation. And as far as I'm concerned, I think it needs to be left in, and we'll go from there.
Item E. Item 10 talks about access points. When an access point to a project cannot be rclocatcd to
comply with obligatory health and safety mandates such as road alignments requircd for the federal, state and
county transportation departments. This changcs "such as" to "for".
So then it secms that it can only be lor that reason of health and safety mandates. Maybe there are
other reasons. I'm not sure what they would be, but what would wc care if they're safety and health mandated
such as road aligmnents? Why wouldn't we want to leave that in')
Make it -- beeause it seems like we're making it more strict and more limited by using thc -- putting
thc word "lor" in there, because it could only be for road aligmnents. Wherea~ such as, that allows other
things that may happen. Why would we want to take that out?
MR. LEN BERGER: You want to keep sueh as and --
CHAIRMAN STRAIN: Strike "for".
MR. LENBERGER: Strike "for". Okay.
CHAIRMAN STRAIN: Okay, we're on Page 190. Anybody have any questions on Page -- Mr.
Schiffer?
COMMISSIONER SCHIFFER: Actually, carries over from 190. Steve, could you kind of walk mc
through, I gucss it's B(i)(ii) and (iii), it looks like what you're saying in the first I is pretty simple, that you
ean't build isolated ones greater than an acre.
MR. LENBERGER: Yes.
COMMISSIONER SCHIFFER: The second one, a corridor. What exactly does a corridor mean? Is
that a n
MR. LENBERGER: Okay, wc have two criteria, ii and iii. Onc is corridor connection and one is
adjaccnt preserves. And basically it's just to conncct to preserves.
COMMISSIONER SCI-IIFFER: Okay. But in that case what you're saying is what you build on your
site can't be greater than half the area of the prcscrvc you're connccting to?
MR. LEN BERGER: Yes.
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COMMISSIONER SCHIFFER: And what's the concern there? That the preserve you're connecting
to is a viable concern and you're recreating one.
Why wouldn't you encourage greater than --
MR. LENBERGER: We have no strong feeling. We started on what language we could use. What
size would you want as far as a created prescrvc? I mean, you could have two big preserves and then have a
smaller connection, which is -- most people might visualize. Or you could have two tiny little preserves with
this big created preserve in the middle to attach two tiny preserves.
Do you want to put a size eonstraint on the amount of created habitat based on the size of the
preserves you're trying to eonnect?
COMMISSIONER SCHIFFER: Okay. I mean, if that's the cxplanation, thanks.
CHAIRMAN STRAIN: We're on page 190 and 191. Anybody else have any questions on those two
pages?
(No response.)
CHAIRMAN STRAIN: Steve, on Pagc 190, in the middle of the first paragraph on the top of the
page, you've added the language, in order to promote diversity.
MR. LEN BERGER: Y cs.
CHAIRMAN STRAIN: Thc whole sentence says, minimum sizcs for plant material may be reduced
for scrub and other xerie habitats in order to promote diversity and where smaller plant sizc -- plant material
is bettcr suited lor establishmcnt of native plant community.
MR. LEN BERGER: Yes.
CHAIRMAN STRAIN: So if you want to reduce the sizc ofthe plant material beeause it's better
suited for reestablishment of the native plant community, you now can't do it unless it's in order to promote
diversity; is that right?
MR. LEN BERGER: No, that's in addition to. It's in order to promote diversity and where smaller
sueh material is bettcr suited.
CHAIRMAN STRAIN: I know it's in addition, that's what I'm getting at. So that means if you have
a minimum size -- if you feel a minimum size plant may be reduced -- say you want to go to a smaller size
plant for that habitat because it's better suited f()r the establishment ofthc native plant community. In this
case you eouldn't do it now unless it wa~ in order to promote diversity. Is that right?
MR. LENBERGER: No.
CHAIRMAN STRAIN: Okay, explain it to me then. I'm sorry, I'm not grasping it.
MR. LEN BERGER: What we're saying here is you have scrub and other xeric habitats. We
recognize that becausc the habitat's limited, thc availability of nursery material for those type species is going
to be limited.
Also, a lot of serub material and a lot of other xeric habitats are harder to grow commereially and
they are easier to establish if you put it in a smaller container and put it into the habitat.
Whcn you start growing them large, sometimes it's not feasible in scrub material. And cven if it was,
to get a fairly large plant in a container it would probably dic once you put it in habitat.
So this is just recognizing that smaller size material is better and it also helps if you want to promote
diversity, which gocs, in eflect. with some of the Compo Plan language dcaling with preservc managcment
plans and trying to promote diversity.
It's not meant to be more restrictive, the language. If it docsn't read elear, maybe I should take a look
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at it. It's not meant to be more restrictive.
CHAIRMAN STRAIN: It's appears to mc thc only way I think you could now only use smaller size
plant material is if you were going to usc it for -- to create a diversity of material. And that's how I'm reading
it. And maybc I'm reading it wrong, but that's just what it seems to say.
MR. LEN BERGER: We could just put "or" instead of "and".
CHAIRMAN STRAIN: Pardon me?
MR. LENBERGER: We ean put "or" instead of "and".
CHAIRMAN STRAIN: Ycah, that would be helpfuL That would take care of it.
MR. LENBERGER: It wasn't meant to be more restrietivc.
CHAIRMAN STRAIN: Okay. Under B, one, two, and three were erossed out.
MR. LEN BERGER: Yes.
CHAIRMAN STRAIN: And i, ii and iii were added in.
MR. LENBERGER: Yes.
CHAIRMAN STRAIN: Why wouldn't wc want to use all six instead of just adding the three new
ones? Leave the three old ones and the three new ones.
MR. LENBERGER: We'rc trying to cap creation of preserves at one acre if they're isolated, unless--
okay, if they're isolated, period. But allowing for largcr created prescrves where we have a corridor
connection or they're adjacent to another preserve. Not just to have the acreage rcquirement specified in one,
two and three.
When you have n well, as explained earlier, when you have created preserves adjacent to natural
habitats, you have a better chance of them taking the plant material -- or restoring the habitat is what I should
say -- just because of its proximity to anothcr sced source and the other habitat.
CHAIRMAN STRAIN: What part of the EAR is providing the ability to come up with this idea that
we need to be more restrictivc or more -- Icss tolcrant whcre we're allowcd to use ereated preserves?
MR. LENBERGER: The GMP language is on the screen.
CHAIRMAN STRAIN: Right, I see it. I'm just saying, where does it say you have to be--
MR. I.ENBERGER: It says determine the circumstances for when ereation or restoration is allowed
and to speciJy criteria for creation and restoration.
CHAIRMAN STRAIN: But it doesn't say that the intent of the cireumstances should be to minimize
the creation of prcserves. And this whole eontext that we'rc secing herc today seems to want to lessen the
ability for landowners to utilize created preserves. It heard that stated I thought earlier.
I'm trying to see where the policy says that. It just says we will provide the opportunity, I think, to
create preserves, which you're doing and which you had done with the original language. I'm just wondering
why we're going through this exercise. It doesn't seem to be that -- I can't rclate it to the EAR-based
argument that I thought these were supposed to be about. I guess that's more of a statement.
MS. BURGESON: Well, and sinee we are supposed to adopt LOR's to determine the eircumstances
when the created or restoration is allowcd, and we know that created, restored or created preserves fail a
great deal of the time, then we want to limit the amount of times or the cireumstances when we would allow
them.
CHAIRMAN STRAIN: Oh, I don't see any language like that in this policy. I just think it says we
should provide for the creation and restoration. Is allowcd to spcciJy the criteria, which we havc in the
existing --
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MS. BURGESON: It says we should dctcrmine the circumstanees --
CHAIRMAN STRAIN: Barbara, you've got to let -- one of us has to finish speaking before the other
speaks.
So anyway, go ahead, ma'am. What did you want to say? I eouldn't hear you whcn you were talking
over me.
MR. LENBERGER: StaIrs supposed to determine the circumstanccs when using ereated preserves.
That's what we try to do, limit it for isolated where we know it usually fails. And as far as the acreage
requirement. And understand that when you're adjacent to another preserve or a corridor eonnection, that's
where it's more beneficial and they will succeed more oftcn, and to allow lor more flexibility therc.
CHAIRMAN STRAIN: Any other questions on Page 190 or 191'1
(No response.)
CHAIRMAN STRAIN: I think on your diversity issue it pops up again on the paragraph that's at the
end of 191.
MR. LENBERGER: 191. Yes.
CHAIRMAN STRAIN: So any adjustment there I think the word "or" needs to be substituted in.
MR. LENBERGER: Sure.
CHAIRMAN STRAIN: On your added language in the bottom, the third line, it says, and take into
considcration rcquiremcnts of any listcd or protected species using the site.
What do you mean by that? How would you enforce that? That's why I'm asking what you mean by
that.
MR. LEN BERGER: A lot of that's going to depend on the habitat. A lot of times certain species
require very open habitats and certain types of vegetation. So we wouldn't want you planting hammock
material in a pine tlatwoods wherc you would have red-cockaded woodpcckers which need a pine canopy
with a very sparse understory. So that would bc contradictory. So that's what that means. We just need to
take into consideration thc species utilizing the habitat.
CHAIRMAN STRAIN: Okay. And the last pagc is Page 192. Does anybody have any questions on
Page 192'1
(No response.)
CHAIRMAN STRAIN: On that pagc it continues over from the prior page, the la~t sentence of the
prior page whcre it continues on 192, it says, if within a two-ycar pcriod groundcovers have not sufficiently
regenerated.
Do we have a way to determine what sufncicntly regenerated means?
MR. LENBERGER: We could put in a percent requiremcnt. I don't know if the -- I don't know the
cxact language the Watcr Management District uses. They generally require sufficient cover of the
groundcover recruitment within one growing scason.
We were allowing a littlc more l1cxibility with two years, and we use sufficiently regenerated. We
could put a pcrccnt covcr. But likc I said, it's going to depend on the habitat typc, and that's not always easy
to do.
C1IA1RMAN STRAIN: Who would determine then if it's sufficicntly regenerated?
MR. LENBERGER: I gucss it would have to be staff in coordination with the preserve manager.
CHAIRMAN STRAIN: I'd he morc comfortable ifthere was some criteria on which staff then could
make that judgment call.
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And then supplemental planting with nativc groundcovcr shall be required. Now, the supplemental
planting will be to the extent nceded to make up thc percentage that didn't get rcgenerated, I would assume?
MR. LENBERGER: Y CS. We could put language in, regenerated based on percentages typical for
the type of environment, as opposed to a percentage, I think would be better.
CHAIRMAN STRAIN: This entire poliey was EAR-based. But it seems that the way it was written
also met the EAR. I'm just a little puzzlcd as to why we have it here today. But that was just a -- I'm trying to
understand that. Maybe somebody's who's going to -- maybe we havc a speaker.
Do wc have any public speakers on this matter? Mr. Anderson and Mr. Hancock.
MR. ANDERSON: Good aftemoon. For the rccord, my namc is Bruce Anderson.
Mr. Strain, you raised, as always, good questions about why this sct of amendments is before you.
We already have criteria in the Land Development Code lor when wc can do creation on-site of
prcserve areas. Why are these changes bcing made? StafT should cither be requircd to rewrite thc reason that
these amendments are before you or to withdraw it. Particularly the three standards for re-creation at the
bottom of Page 190 should be retained.
First of all, allowing on-site native vegetation, crcation or restoration is an exception created by the
Growth Managemcnt Plan to the native preserve location requirements. And the LDC should expressly
recognize that it is an exception to the preserve location rcquiremcnts.
Seeond, therc needs to be some degree 0 f reasonability a~ to when and how the on-site creation
cxception is applied.
The Growth Management Plan permits creation and restoration to permit responsible dcvelopment
to occur on-site without eompromising a workable site plan. This degree of reasonability is recognized in
Conscrvation Coastal Managcment Elemcnt Policy 6.1.1 (7) which provides an exception to the native
preserve loeation requiremcnts where, quote, parcels cannot reasonably aceommodate both the preservation
area and the proposed activity, unquote. The key phrase is cannot rcasonably aeeommodatc.
That is not in therc anymore. It's proposed to be struck. It's our position that's inconsistent with the
Comprehensive Plan.
The proposed amendments want to place a Ijmit of five acres on the right to recreate. That's not in
the Comprehensive Plan. There's no such acreagc limitation.
Additionally, there's a proposal that you can only recreatc where, quote, no other location for the site
improvement is allowcd by the code, unquote. Again, that's not called for in the Comprehcnsive Plan. That is
a tightening that is not nceded and not called for in the Conscrvation and Coastal Management Element. It
says, where the proposed use cannot rcasonably be accommodatcd with preserving vegetation on-site.
The current LDC language is consistcnt with the Growth Management Plan and ought to be
retained.
Lastly, again where it gets -- goes farther than the Growth Management Plan requires, the proposal
in those cascs wherc it's not possible, it says, to satisJy all or a portion of the vcgetation retention
requirements. The proposed amendmcnt would remove the option to recreate all and limit it to just a portion.
Again, that's inconsistent with the language in the Comprehensivc Plan.
So this really doesn't implement the policy that it rcfers to. It takes away from it, and recreates and
takes away the language that's already in the Land Development Code that impIcmcnts this policy.
CHAIRMAN STRAIN: Thank you, sir.
MR. ANDERSON: That's all I have to say on that one, thank you.
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August 28, 2008
CHAIRMAN STRAIN: Thank you.
Mr. Hancock?
MR. HANCOCK: Mr. Chairman, members ofthe Planning Commission, Tim Hancock with
Davidson Engineering.
I want to echo Mr. Anderson's sentiments. The word reasonably should remain in. Any time we
remove the element of reasonableness from govemmcnt regulation, we are indeed moving in the wrong
direction.
This tightening up I think is chasing after a ghost that may not cxist. On the one hand I think there
are some positives in this if we require that the individuals that crcatc these managcment and planting plans
have a degree of experience, have a background of success. I think that's a positive step.
But to then take that inereased requircment of cxperience and suceess and to tell them how to do
their job by putting a foot of topsoil on regardless of the conditions, by then saying that you have to do it this
way, so you need to have this set amount of experienee and now wc're going to tell you how to do your job.
I think this simply could boil down to requiring that somcone meet a minimum set of criteria, who is
educated in the field, meet those standards, and thcn you propose the plan. But it must contain an clement of
reasonableness.
I do think that there is -- and one area I want to thank staff for putting something in that I think opens
the door to what a true professional in the ficld would come here and tcll you, and that is that whcn you
require someone to try and mimic native vegetation in thrcc strata, you are all but sctting them up for failure.
And the reason is therc's a degrce of natural propagation that occurs. And when you come in and
you in essence cover every square foot with something, you are denying thc natural propagation. I think there
is a recognition on staffs part on Page 191 of what they're trying to do, particularly with regard to
groundcover. And I know that discussion occurred in our EAC/LDC subcommittee meetings, that you're
really not allowing for natural propagation.
So my suggestion would be, numbcr onc, please don't remove the word rcasonable.
Number two is let's back this down to where we require that somebody with the adequate
qualifications present a reasonable planting plan and let's not rcstrict something that has not been proven or
shown to be broken.
CHAIRMAN STRAIN: Thank you. Are there any other public speakcrs?
(No response.)
CHAIRMAN STRAIN: Okay. I think my thought on this is it's like some of the others. And we've
had some wc'vc approvcd and some we've questioned. If it ain't broke, I don't know why we're fixing it.
The language that's there already secms to meet the intent of the GMP. This is one ofthem that I
don't think needs to be changed at this time. I certainly would like us to take a breather from making so many
changes to the Land Development Code, at least until it gcts rewrittcl1 by Mr. Whitc and we figure out what
we're dealing with. And this just is going to makc it harder to understand.
That's my thought on it. Anybody else~
(No response.)
CHAIRMAN STRAIN: We necd a motion from the Planning Commission.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I make a motion that we recommend this to the BCC n I'm sorry,
we send this to the BCC with our recommendation of disapproval and we deny it.
Page \1\
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August 28, 2008
CHAIRMAN STRAIN: On the basis that the GMP already addresses the issue in the existing
language?
COMMISSIONER VIGLIOTTI: Exactly, it's not necessary.
CHAIRMAN STRAIN: Okay. Is there a second?
COMMISSIONER CARON: That the LDC already addresses the GMP.
MR. SCHMITT: Current LDe.
CHAIRMAN STRAIN: Right, that the eurrent Land Development Code already addresses the GMP
language and there's no necd to further it at this time.
I'll second the motion.
Diseussion?
MR. ANDERSON: Mr. Chairman, excuse me. You might add that, if you feel this way, that it's
inconsistent.
CHAIRMAN STRAIN: Okay, I think that's what we're trying to say. I see what you're saying. That
just strengthens that part of it, talking about strengthening things. Sure, I mcan, I don't -- it's up to the motion
maker.
COMMISSIONER VIGLI01TI: That's fine.
CHAIRMAN STRAIN: So the motion would be that we recommend dcnial because it's inconsistent
with the GMP and that the language as it already is written in the Land Development Code is already
consistcnt with the GMP.
And I seconded the motion. The motion makcr made it. Is there a discussion?
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I strongly agree with the points that Tim made that, you know,
the part about putting in the expertise and rcasonableness and so f()rth should be in whatever comcs out of it
eventually. But I'm going to votc along with the motion just bccausc there's too many extraneous things in it.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Just to let you know, reasonable will go back in by the old language.
What won't go back in, however, are the criteria for the plantings, so --
CHAIRMAN STRAIN: Any othcr diseussion?
(No response.)
CHAIRMAN STRAIN: All in favor of the motion, signify by saying ayc.
COMMISSIONER SCHIFFER: Ayc.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER KOLFLAT: Aye.
CHAIRMAN STRAIN: Ayc.
Anybody opposed?
(N 0 response.)
CHAIRMAN STRAIN: Motion carries 7-0.
Okay, ncxt one up is Pagc 193, 3.05.07(H)(l)(g), preservc management plans.
Boy, Steve, we get to sec a lot of you today.
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MR LENBERGER: It's my assigmnent.
CHAIRMAN STRAIN: Well, you do very well in the way you present, so thank you.
MR. LENBERGER: 193, prescrve management plans. I have thc underlying strikc-through
language in the -- on the visualizer.
And basically it's, a management plan shall be submitted for preserve areas, identified by specifie
criteria in the Land Development Code regulations to identify actions that must be taken to ensurc that
preserves will maintain natural diversity and will function as proposed.
There were somc things addcd too in the back, on the bottom of that. The plan shall include methods
to address control and treatment of invasivc exotic species, bar managemcnt, stormwater management, if
applicable, and maintenance of permitted facilitics.
If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.12(2)(i).
State and federal managemcnt plans consistent with the requirements of the LDC will be accepted.
I don't have really a presentation, but I'd be more than glad to answer your questions rcgarding the
specifies.
CHAIRMAN STRAIN: Okay. Well, we'll star! with Page 193 and 194. Anybody have any
questions on the first two pages?
(No response.)
CHAIRMAN STRAIN: No questions.
I've got a question under the first paragraph, I (g), last line. A preserve management plan shall be
ineIuded on the approved site plans and shall include the following. We're back to thc word site plans. If your
intention here is site development plans n
MR. LENBERGER: It's site developmcnt plans and construction plans.
CHAIRMAN STRAIN: Well, what do you mean by construction plans? Likc --
MR. LENBERGER: In eonjunetion with a plat.
CHAIRMAN STRAIN: FSP, final subdivision plat?
MR. SCHMITT: Or a PPL or--
CHAIRMAN STRAIN: Could we note that? Because my rcading with the site plans, and I kcep
thinking you could be calling it a house sitc plan. I know you don't intend that to be.
MR. LENBERGER: We could change that.
CHAIRMAN STRAIN: Pagc 195. Any questions on Pagc I 9S~
(No response.)
CHAIRMAN STRAIN: On the bottom of Page 195 where it says, the county will accept state and
federal managemcnt plans a~ long as they are consistent with thc requirements. Could wc drop the words as
long as they are and just say thc county will acccpt state and federal management plans consistcnt with the
requirements? It says the same thing, but less wordy.
MR. LENBERGER: Finc.
CHAIRMAN STRAIN: Okay. Page 196'1 Anybody have any questions?
Ms. Caron, did you have one?
COMMISSIONER CARON: Yeah. Under seven--
MR. LENBERGER: Yes.
COMMISSIONER CARON: -- where it says monitoring for storm water in prescrves. Shouldn't it bc
-- I think it should be treated stormwater in preserves.
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Additionally the monitoring program must include appropriate protocols, and I'm not sure what that
means. Again, I think that's language we need to deline.
CHAIRMAN STRAIN: Steve, I think that wa~ for you to react to.
COMMISSIONER CARON: Make a note, bring it back. Whatever you want to say to that.
MR. LENBERGER: We've gone through a lot of changes particularly on stormwater issues. And
this is related to the stormwater issuc. And we were askcd not to put specific criteria, and then we're asked to
put specific criteria, and we've gonc back and forth on this issuc. Perhaps we'll just have a monitoring
program to address, you know, vegetation surveys, surface water.
We will have to look at rewording that, because I don't know if we want to gct into a bunch of
details on protocols. But I'll discuss that with management and see where they want to go on that.
CHAIRMAN STRAIN: Anything else? We're on Page 196.
COMMISSIONER CARON: Go ahead, you can go ahead.
CHAIRMAN STRAIN: Mr. Murray, go ahead.
COMMISSIONER MURRAY: At the bottom of Roman VII where it says compatible vegetation
must bc planted to replace any vegetation that may bc lost over timc in the preserve. This is again having to
do with time.
And based on what Ms. Burgeson said earlier about if they were able to get out there and look at
every one of these places, they'd find probably a lot of them in trouble. But when should this happen? Should
we be more clear on when this should happen? Is it based upon an investigation, an inspcction, time, of what
sort?
MR. LENBERGER: Most likely an inspection of a subdivision or inspections that are associated
with site development plan would trigger this, and that would probably be a couple of years later or whatever
the case may be. Then you would know if your storm water system design was afTecting any of the vegctation
in a negative way.
Once the design is built, it's very difficult to change that. Obviously it's already constructed. So that's
why we have compatible vegetation, is to ereate some kind of situation. Theoretically if you've created some
sort of situation where the vegetation died, you'd have to kind of look at what you have now and what is the
type of compatible vegetation that would exist in that area now.
COMMISSIONER MURRAY: I think I undcrstand you. You're saying that they planted all of this
MR. LENBERGER: The preserve existed with native vegetation, you sct your control elevations,
you allow treated stormwatcr to go into a prcserve. If for some reason it wasn't appropriate for the vegetation
for whatever reason, elevation, duration of flooding, whatever the ca~e may be in relation to the types of
vegetation, then you would look at it and say well, we've got to fix it. We're not going to put the same type of
vegetation if it's going to die, you're going to have to put something that's going to survive there.
So you're going to have to analyze it. It's just some kind a safety nct to say hey, it's failing, we need
to address the situation.
COMMISSIONER MURRAY: Well, you had to have a plan in thc first instance to do all of this
because you're going to receive stormwater anyway.
MR. LENBERGER: Right. And we have criteria--
COMMISSIONER MTJRRA Y: So shouldn't there be -- likewise, shouldn't there be a plan than talks
about the other side of that when time goes by and we rceognize the potential for failure f()r whatever
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August 28, 2008
number of reasons that there arc.
And I recognize the key word there is compatible vegetation, and I understand all the ground rules.
But what I'm a~king for is okay, how do we make sure that it happens? Beeause one of the key
elements that I remember here, the argument being is we didn't want to put water into preserves. And if we
are going to put water into preserves and we expcct somc degradation, we ought to have a plan and a place
that we follow up to verify and make sure that we didn't lail in the first instanee. Am I '.'.Tong?
MR. LENBERGER: Well, we have specific criteria in an amendment here that you're going to hear
regarding when stormwater should be put into prescrves. And we've had all kinds of arguments back and
forth on that.
Hopefully those criteria are some safeguards to prevent this type of situation from happening wherc
you'd have a die-off.
We were asked to put some critcria in here to address that in case it did happen. And that's where we
went here. We didn't add a time frame there.
COMMISSIONER MURRAY: Well, you did in a sense by saying five years.
(Commissioner Midney exits the boardroom.)
MR. LENBERGER: Well, yeah, the monitoring --
COMMISSIONER MURRAY: And really, isn't that the only recourse that you have? Because
nobody else is going to put that in their little blue book and go around on their weekends.
MR. LEN BERGER: And I understand. It would havc to be complaint driven or something like that
or just a routine inspection.
COMMISSIONER MURRAY: My argument is this: We cause -- and I don't think it's a bad thing to
necessarily want to do, but we calL~e people to expend funds to achieve a certain result that everyone
applauds, and then we Ict it hang out in the brecze, so to spcak.
My eoneem is if we're going to require people to spcnd moncy to do something that we think is
appropriate, we ought to havc a means by whieh wc can follow up. Now, I recognize the limitations of stafT
and all the rest of it, but something needs to be done. Fi ve years seems to me an enormous time.
MR. LENBERGER: We are requiring in gcneral monitoring. Each preserve is rcquircd at minimum
to do an annual inspection once a year at minimum.
COMMISSIONER MURRA Y: Who does that, the preserve--
MR. LEN BERGER: The prescrvc managcr that is required under this section ofthe code.
COMMISSIONER MURRAY: This is not an employee of the county, though, right?
MR. LENBERGER: That's right, it's someonc that's a professional, that's hired--
COMMISSIONER MURRAY: And they'rc hired by thc associations ifit's -- whatever.
MR. I ENBERGER: Well, initially the developer and the association can change who they contraet
with at any time.
COMMISSIONER MURRAY: And is there anything that requires the association to makc sure that
they hire people who have the adequate experience and the technical skills and so forth?
MR. LENBERGER: Yes, the eodes here.
COMMISSIONER MURRA Y: Y ou'rc comfortable that we're good, that we're okay?
MR. LEN BERGER: I'm just thinking about the time frames. We'rc requiring -- obviously we have
this monitoring pcriod for five years but we're still going to have annual inspections. That annual inspection
should document any die-off, and that would trigger county involvement.
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August 28, 2008
COMMISSIONER MURRAY: So you havc a high confidence rate on this whole thing as being
successful for the future?
MR. LENBERGER: I think the system would work. But I will talk it ovcr with my supervisors and
see ifthey want to put difTerent criteria in there as a better safeguard --
COMMISSIONER MURRAY: I think it's something to think about perhaps. That's my question.
CHAIRMAN STRAIN: We're on Pagc 196. Ms. Caron?
COMMISSIONER CARON: I actually have to go back to Page 194.
MR. LEN BERGER: Sure.
COMMISSIONER CARON: Don't we right in the beginning need to talk about -- spccifically about
management plans for stormwater in that first paragraph of G?
MR. LEN BERGER: First paragraph ofG?
CHAIRMAN STRAIN: H(l )(g) on Page 194.
MR. LEN BERGER: Well, it's in thcre. Are you talking the first scntence, the criteria? And the
stormwater is number seven, so it is there. So that's required, if applicable.
COMMISSIONER CARON: I see, okay. Wcll, in G it says that we're only concerned with five
acres or more. What about stormwater that's going to be dumped into --
MR. LENBERGER: Well, the first sentence is required whcther you do a prcscrvc management
plan or not. It says criteria I (3) six and seven below are required for all preserves, whether a management
plan for the preserve has been approved or not.
We can say required -- but if you don't mect thc threshold for requiring a preserve, you still have to
do the stormwater monitoring if you'rc putting stormwater in your preservc.
CHAIRMAN STRAIN: We're on Page 196. Steve, the first item, live up on top, you're talking about
fire management or other types of control for management plan, prescribed bums are not an option. Habitat
plans shall includc removal of dead vegetation and periodic thinning of vcgctation.
If they have to do that, do they havc to go through a permit process allover again to get that
accomplished? I mean, they have a preserve management plan, it says they will thin --
MR. LEN BERGER: If their preservc management plan requires trimming and removal of dead
excess material, that would not trigger any othcr county requirement.
CHAIRMAN STRAIN: What about periodic thiming of vegetation?
MR. LEN BERGER: That would be vegctation removal. That could. Some vegetation springs back,
for example, if you cut it, like Saw palmetto, when it bums or if you eut it off' it springs right back. That's
kind of a different scenario.
But if you're cutting something and it would kill thc vegetation, that requires a vegetation rcmoval
permit.
CHAIRMAN STRAIN: So that means if they have a preserve management plan and they've done
all this work at this time, and certainly these plans change as the future goes on, you would require when
they came back in to cnact their prcservc managemcnt plan to takc down dead trees or thin vegetation
another permit?
MR. LENBERGER: Only if they're removing vegetation. In other words, when you trim vegetation,
you're just trimming it in accordance to your preserve management plan. That would not trigger another
county permit.
CHAIRMAN STRAIN: Well, it ha~, Steve, beeause I'm actually talking to a homeowners
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August 28, 2008
association who has had that problem with your department.
MR. LENBERGER: What we could do is we could add language here that rcmoval of vegetation in
accordance with the management plan would not require a separate vegetation removal permit. We can
address that there.
CHAIRMAN STRAIN: Wcll, see, thc problem is in a lot ofca~es these plans were put into effect
when our code star!ed asking for them years ago. And over the years we have started to, as I heard earlier the
term, tighten up. Okay, so now we have new requirements for prescrve management plans. They're tighter
than they were 10 ycars ago.
So now someone comes in and wants to thin or trim based on their earlier preserve management
plan, which clearly allowed them to do that. But now they're told they have to get a vegetation removal
permit or a trimming permit. But in order to get that they have to update their preserve management plan,
which now requires huge amount of criteria on top of the plan they originally had.
How is all that fair to the public?
MR. LENBERGER: We can address that right here. We can put in that thcy don't have to do a
vegetation removal permit as long as it's in accordance with the prescrve management plan.
CHAIRMAN STRAIN: Well, if you denote a level ofliustration today, I've had so many people talk
about issues like this happcning. And we've heard multiple experiences today.
Changing thc codc so much is not accomplishing it, making it any simplcr. lfwc can clarify
problems out there, that's what wc need to be doing and so --
MR. LEN BERGER: We'll addrcss that herc.
CHAIRMAN STRAIN: Okay. Other than that, Page 196.1. Any questions?
(No responsc.)
CHAIRMAN STRAIN: It's the last page of this item. There's a reference in the third line from the
top that says, owner shall retain copies of written monitoring reports. I low long are they cxpected to retain
the copies?
MR. LENBERGER: There is no time frame they have to retain them.
CHAIRMAN STRAIN: Wcll, that might be -- I mean, people change hard drives, they change data,
they change evcrything they do.
So if we require them to retain copies and they don't, I'd hate to scc someone inadvertcntly in
trouble. Could we just peg a time fran1e?
MR. LENBERGER: We can do that f()r them.
CHAIRMAN STRAIN: Or can they just turn them to the county, and ifthc eounty wants to retain
them for 100 years, the county can do it.
MR. LENBERGER: What would you prefer?
COMMISSIONER SCHIFFER: The county.
CHAIRMAN STRAIN: The simplest way, the county. I hate to put it on the backs of individuals,
especially when HOA's change presidents and --
MR. LENBERGER: Then wc would havc to require that they be submitted, not just upon request,
and then we'd have to retain them.
CHAIRMAN STRAIN: Then how long will that have to go on for?
MR. SCHMITT: Once it comes into the county, I have to rctain it a~ a public record.
CHAIRMAN STRAIN: How long would they have to submit them for? Five ycars, is it?
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MR. LENBERGER: No, they have to do annual monitoring reports at a minimum in perpetuity to
ensure that the preserve function's as intended.
CHAIRMAN STRAIN: Okay, thcn you guys have to keep it in perpetuity. That means you have to
accept it. That means you have to have someone do that, you have to make sure they submit it and you have
to makc sure you collect it, right?
MR. SCHMITT: I want to question what is the value of me retaining it for perpctuity. Why not add
five years or something?
CHAIRMAN STRAIN: That's where I'm going. Why don't we just--
COMMISSIONER MURRAY: Condo is generally seven years.
CHAIRMAN STRAIN: Rctain copies for the past previous five-year period.
MR. LEN BERGER: Five-year period.
CHAIRMAN STRAIN: Yeah, does that work?
COMMISSIONER MURRAY: That's finc.
MR. I "ENBERGER: The applicant or the county --
CHAIRMAN STRAIN: The applicant.
MR. SCHMITT: The applicant
MR. LEN BERGER: Okay, applicant lor five ycars.
CHAIRMAN STRAIN: Then under nine --
COMMISSIONER MURRAY: Wait, one second. The applicant can be a developer initially and
then does it pass on -- it passes on to an association?
COMMISSIONER CARON: Yeah.
CHAIRMAN STRAIN: Preserve manager, then, whocver is in chargc. You guys figure out the
wording on that. But it says preserve manager, as long as they are retained, so I would assume it would be
the preservc manager would keep it lor the five ycar priors. Evcry sixth year they get to throw the prior one
out.
COMMISSIONER MURRAY: Ifthe HOA or the condo association has a seven-year requirement,
if['m not mistaken -- I know for condo anyway that's true -- preserve manager may change. So you might
want to keep it with the association's reeords.
CHAIRMAN STRAIN: Well, we don't know there's an association in evcry case where there's a
monitoring plan.
MR. SCHMITT: The association can follow its own rules. If they want to keep it seven, fine.
CHAIRMAN STRAIN: Lct'sjust leave it with the preserve manager, that keeps it simpler.
MR. LENBERGER: With the preserve manager?
CHAIRMAN STRAIN: Yeah, for five years.
MR. LENBERGER: What ifthey're not retained? You're just going to say they have to keep it no
matter what.
CHAIRMAN STRAIN: Well, you didn't have a condition in here ifit wasn't -- what were you
thinking? You didn't have a provision in here, so you want to put a penalty in now for them not retaining a--
MR. LENBERGER: We were saying initially that thc homcowners would retain it, but it will have
then
CHAIRMAN STRAIN: Why don't youjust leave it for five years. And if they don't retain it and
they come in and thcre's a problcm, you can always say let me see your five-year plans, that's kind of like a
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trigger. We're becoming too onerous on things.
Under nine, the last two words arc site plan, we nced to rcplaee those with the FSP, PPL and SOP
language we previously talked about.
And if there's no othcr discussion from the panel, I'll ask for public speakers. Anybody in the public
wishing to speak?
Mr. Anderson, Mr. Layman and Jeremy, right, and Nicole. You're going to let the lady go last. You
guys arcn't gentlemen. But that's okay.
MR. ANDERSON: I always like to have the last word.
CHAIRMAN STRAIN: So does she.
MR. ANDERSON: I would like to have environmental staff confirm on the record that any preserve
areas that wcrc identified or created prior to June 13,2003 are exempt from these preservation management
plan requiremcnts.
The basis for that would be that subsection 3.0S.07(H)(4)(b) of the Land Development Codc says
applications for development orders authorizing site improvements such as an SOP or FSP and on a
case-by-ease basis a PSP that are submitted and dcemed sufficient prior to June 19, 2003 are not required to
comply with the provisions of this Section 3.05.07(H), which were adopted on or after June 19th, 2003.
CHAIRMAN STRAIN: Do I have an af1irmation from staff on that point?
MS. BURGESON: Yeah, I think wc can rcad over that and get back to you on that.
CHAIRMAN STRAIN: This will have to come back for a rewrite anyway, so --
MR. SCHMITT: If that's what thc code says, I don't have it in front me, Bruce, so -- but ifit says
that, then of course that's how it's applicd.
MR. LENBERGER: Can you repcat thc seetion, Bruce?
MR. ANDERSON: 3.05.07(H)(4)(b).
CHAIRMAN STRA1N: When this comes back with a rewrite, would you please make sure that you
address that issue, either in your cxccutive statcmcnt in the front under change, reasoning, or whatevcr, but at
least let's see it addressed so it's on record.
MR. ANDERSON: Wcll, I hope they don't recommend deleting it. That's the danger we run.
CHAIRMAN STRAIN: Right now that's a good point. I vaguely remember the section from another
incident, but yes.
MR. ANDERSON: Few more comments.
From a practical standpoint, why is this requirement tied only -- not tied only to areas that already
are going to havc a recorded conservation easement?
Because thcre arc othcr areas I think as you noted, Mr. Strain, that don't have -- may not have a
management plan requirement right now.
CHAIRMAN STRAIN: So what was your question again?
MR. ANDERSON: Why is this requirement not tied only to preserve areas that are identified and
located with a eounty eonservation easement?
CHAIRMAN STRAIN: Not a bad question.
Steve, do you have an answer?
MR. LEN BERGER: I'm not sure of the question, to be quite honest.
CHAIRMAN STRAIN: Basically if you have a conservation eascment, it's a preserve area, this
would apply -- why wouldn't it only apply to those areas that are under conservation easement. Is that kind of
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August 28, 2008
a--
MR. ANDERSON: Yes.
CHAIRMAN STRAIN: -- that's the short way of saying that.
MR. LENBERGER: We've always had preserve management plans for preserves. And we've only
had the conservation ea'icment requirement just recently, the last few years, so it does apply.
MR. ANDERSON: We really ought to modify the county's conservation easement form to put
people on record notice that a management plan is a required in connection with that conservation easement.
These are expensive obligations.
CHAIRMAN STRAIN: Yeah, they are.
MR. ANDERSON: Ilow was the five-acre exemption arrived at? And how many preserve areas in
the county that will be impacted by this? Shouldn't it matter if the preserve area is located in the urban area?
And again, we don't have a quantification of the costs, which will be enormous.
And lastly, at the -- on Page 195, the last sentence, where it says the county will accept state and
federal management plans. And you modified it consistent with the requirements of the LDC.
Policy 13.1.1 of the Conservation and Coastal Management Element states: There will be no
unnecessary duplication of existing regional, state or federal permitting programs. That's what this is.
The county, if it's good enough for the regulatory agencies that have real expertise, then it ought to
be acceptable to the county. And you shouldn't have to come up with two diJ1erent management plans. Go
with the one that the state or federal regulatory agency imposes.
CHAIRMAN STRAIN: I must have missed it, Bruce. It's saying that. It says the county will accept
state and federal management plans.
MR. ANDERSON: As long as -- well, as long a'i they are consistent. You're taking that out is not
going to end the interpretation question there that a management plan approved by the state may not be
consistent with the Land Development Code.
CIIAIRMAN STRAIN: Well, first of all, my intention of taking it out wasn't to change anything. It
was simply to make it simpler to say.
Now I'm trying to understand what your interpretation of this sentence is that may be different than
what I had foreseen it to be rrom the beginning. The county will accept state and federal management plans
consistent with the requirements of the LDC.
So what that seems to be saying is if you've got a management plan that the state accepts, county
may require you to tweak it a bit to be further consistent with theirs, but tlley'll accept basically the state and
federal management plan, is that --
MR. ANDERSON: It may involve much more than tweaking. That's the concem.1fwe've got a
management plan that has been approved by a state or federal regulatory agency, we don't need to
unnecessarily duplicate it by adding that it also ha'i to comply with the Land Development Code, which may
have diflhing requirements.
MR. KLA TZKOW: We're entitled to have stricter regulations than the states or feds, and that's what
this is getting at.
CHAIRMAN STRAIN: We kind of just did that in regards to the eagle's nest in the dead tree.
COMMISSIONER CARON: Absolutely.
CHAIRMAN STRAIN: We have a stricter now enforcement on protecting eagles than we do by
what the state seems to have.
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MR. ANDERSON: Perhaps that's appropriate on a species by species basis. But this is a blanket
statement.
Policy --let me read you the other policy that I think is applicable here, 13.1.3. Prior to adopting any
new regulations to implement this element, the following guidelines shall be met.
A, the regulation fulfills an important need that is not adequately addressed by existing regional,
state or federal regulations.
B, the regulation can be etlectively and efficiently administered by existing county staff or by an
authorized expansion of county staff.
And C, the cost to the county of implementing the regulation has been identified and considered.
CHAIRMAN STRAIN: Okay. So we haven't got the cost is one of those --
MR. ANDERSON: No. We haven't had any explanation why on a blanket basis that it fulfills an
important need that the state and the leds aren't already addressing.
Ifwe need to do it on a species by species basis like you've done with the bald eagle, that's one thing.
CHAIRMAN STRAIN: What do you fear from this language? What is it that you feel is going to be
most problematic? Because the way I saw this, I mean, I am not in agreement with as many changes we got
this in the environmental section of this code, I can assure you that. Some of them, though, I thought were
doable in the sense they were just redefining it and making it clearer, trying to hclp us get to the point we
started to.
This one I didn't see much of a problem with it except lor some of the issues I've brought up.
What is your underlying concern here? It's a management plan than if it's more clearer defined, the
problems I'm seeing from the homeowners that have contacted me when they've tried to get their
management plan maintenance done and they can't do it because when they walk in they get hit with more
permits, and then oh, to get a pcrnlit now you have to redo your management plan.
Those kind of things are very frustrating. I saw this as possibly a way to clean some of it up.
What is your concern with this? Whcre's the negative side you see')
MR. ANDERSON: The negative side is you go through an extensive lederal or state regulatory
process. You come to an understanding and agreement that this is the management plan you shall implement.
And then you bring it to the county to get the local permits and they say oh, no, that's not acceptable.
We need you to do more. We need you to do X, Y and Z added on top ofil. We will not accept the federal or
state management plan.
CHAIRMAN STRAIN: Bruce, if there was some language that addressed the fact that if we accept
the state and federal management plan consistent with the requirements of the LDC, so long as those LDC
requirements didn't cause any inconsistency with the state -- I shouldn't say inconsistency, didn't cause any --
I'm trying to think of the right word here.
If we have LDC requirements that are more stringent but yet they don't trigger a re-issuance or
revocation of the state and federal plan, then that's our option to be able to do that, and that may be a better
thing. But at such time as our LDC causes a state and federal plan to become invalid, that may be a problem.
I'm not sure how to word that, but would that solve the issue?
MR. KLATZKOW: I don't think that's an issue here. I think the only issue is Bruce wants to lessen
our standards. And I understand that Irom the development community.
CHAIRMAN STRAIN: No, see, he's been -- his stuff's been pretty practical. If Richard was there, I
might be able to say that.
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This is --
MR. ANDERSON: By analogy --
COMMISSIONER CARON: No, go al1ead, finish your--
MR. ANDERSON: By analogy, in the rural fringe area, we have a requirement that the county has
to accept as an -- has to accept as a management plan any management plan that has been imposed by a state
or federal regulatory agency in connection with mitigation. That's what I'm trying to achieve here. That if it's
good enough for the fcds --
COMMISSIONER CARON: But if we require additional mitigation for whatever reason, you
should have to follow that additional mitigation. We have it there for a reason.
Again, I think the county attomey is right. In this case, Bruce, I think you're just trying to lessen
standards that we mayor may not have. It may be just fine. And I think in the 99 percent of the cases, you're
not going to have any issue. I'm not sure what --
MR. ANDERSON: I wish I felt comfortable with your percentages.
COMMISSIONER CARON: I wish I knew what little scheme you had, then maybe I would feel
more comfortable.
CHAIRMAN STRAIN: Bruce, this has got to come back to us. By the time it comes back could you
bring back an example that doesn't taint anything you're working on but just kind of give us an idea what
you're talking about more specifically.
MR. ANDERSON: I'm not working on anything.
CHAIRMAN STRAIN: Okay, well then can you give us an example then based on -- when you
come back, that -- I'm trying to understand your concern. And you have been reasonable in what you've
asked, so I really want to understand it so we don't do somcthing that hao; a really bad outfall, like some of
the things we've inadvertently done.
Mr. Murray?
COMMISSIONER MURRAY: Ycal1. Bruce, I recognize that you're not working on anything, and
that's a shame but that's good for this particular purpose.
MR. ANDERSON: You tell me it's a shame.
COMMISSIONER MURRAY: I don't want to lose my thought process on this, and I'm about to.
Here's the thing -- I lost my thought process. Mr. Schiller.
CHAIRMAN STRAIN: Long day.
MS. BURGESON: I might be able to hclp a little.
CHAIRMAN STRAIN: With Bob's thought process?
MS. BURGESON: Maybe. Maybe. For the record, Barbara Burgeson again.
There are times when the state management plan or --
COMMISSIONER MURRAY: That's what I was going to ask.
MS. BURGESON: You want to go?
COMMISSIONER MURRAY: No, go ahead.
MS. BURGESON: When the state management plan might accept say exotic removal as all they
need to fUlfill the mitigation for that property and the county requires much more than just that. There may
be times when they say in their management plan that they would allow the property to maintain all of the
exotics standing, and we require that the outside 75 feet of exotics be removed. Sometimes they allow
Teepeeing, which provides some obstruction. Sometimes they allow all the vegetation that's down to remain
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in place, which provides some obstruction.
And there are other issues on a case-by-case basis that we would just want to make sure that we
were not just blanketly accepting their permits.
CHAIRMAN STRAIN: I think we've got the point. I think when we get back rrom a rewrite if we
still have as grave of a problem, you can better relate to us what your concems are.
Jeremy, I think you were next. Bruce was alter that, then Nicole. And this will probably wrap up the
issues we get to today, based on the amount of -- well, I shouldn't say that, these might go fast. So Brian,
don't run off yet.
Go ahead, Jeremy.
MR. STERK: Jeremy Sterk, Davidson Engineering. I have really just a couple of quick kind of
comments and maybe clarifications on Page 196, both dealing with the monitoring for stormwater in
preserves.
I guess I'm envisioning myself writing these reports in the future and what I might face when I turn
them in and they get reviewed by the staff. And I think one of my questions is the surface and groundwater
monitoring, you know, some kind ofrrequcncy requirement for that. Obviously it's extremely expensive for
an applicant to send me out once a week to check the level of the water in a preserve, you know, are we
talking once a week, once a month.
I think it would be helpful to have some little minimum criteria in there to give people guidance.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I did ask them to come back with language that told us what
appropriate protocols would be. And that's directly related to what you're talking about.
CHAIRMAN STRAIN: Better yet, why don't we ask staff when they bring this one back to bring an
example of a typical monitoring program that they would expect to see. Then we can weigh that in. You all
can review it, and ifthere's problems there -- I mean, this is the kind of detail we need to get into with these
LDC amendments. And I'd rather do it now than have the negative experience six months trom now. So can
stall' do that for us? I see heads nodding yes.
Okay, go ahead, sir.
MR. STERK: One other question. And maybe this is implied by the paragraph it's in, but the last
sentence, the compatible vegetation, that bothers me.
I guess I see down the road having tights with staff again about why something died, whether it was
stormwater related or not. Exanlples might be lightning, fire, pine beetles, hurricanes. The way I read that,
I'm replacing anything that dies for whatever reason. And I'd maybe like to see that clarified.
CHAIRMAN STRAIN: Okay. I think we've already brought up the fact that was a little bit too
vague for us, too.
MR. STERK: That's it. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Okay, Bruce?
MR. LAYMAN: Hi, this is Bruce Layman, WilsonMiller again.
I wanted to comment on who would be maintaining the preserve management plans for the five-year
period. Because I know that myself as an example of a preserve manager on severa] projects, I may be a
preserve manager at a particular site this year, I may not be the preserve manager on that property next year,
it might be somebody else. They may hold it for a couple of years and another person comes in.
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I don't know that it -- if the preserve manager had to hold on to the sum total of the prior four years --
the monitoring reports or that type of information, you would literally have to past the torch from yourselfto
your successor and their successor and their successor, which would be rather cumbersome.
CHAIRMAN STRAIN: The intent of this says, the preserve manager as long a'i they are retained as
the preserve manager and the property owner shall retain copies. So what I would expect, you personally
ought to keep it for a while just to protect your personal licensing. But the property owner is going to have to
keep them for five years, period.
MR. LAYMAN: And that's fine. I wasn't sure if the requirement for the preserve manager to hang
on to the ones that they accomplished --
CHAIRMAN STRAIN: As long as you're retained. If you're no longer retained, I don't think it
applies.
MR. LAYMAN: And there's one other comment I'd like to make, and it's in reference to the
distinction where the state management plan and the county management plan may be different because the
county may not accept exotic removal a'i mitigation.
As far as I know, I don't bclicvc that the county has the authority to assess impacts to quantify
mitigation needs and to require mitigation take place as an individual entity. T believe that gets deferred to the
state.
So I don't know that that's a fair comparison of why mitigation plans would be different between
county and state plans.
That's alii have, thank you.
CHAIRMAN STRAIN: Thank you, sir.
Nicole?
MS. RYAN: Good afternoon. For the record, Nicole Ryan, Conservancy of Southwest Florida.
My comments are to the monitoring for the storm water in preserves, and they probably would have
had more context had this come after the discussion of stormwater in preserves. But to give you some
perspective on this, this proposed amendment is to help implement the Growth Management Plan CCME,
Policy 6.1.15(B), the allowable uses within preserves.
And [ think it's important to read that because really what we're doing in the preserve management
plans and in the stormwater in preserves section needs to implement the fact that receipt of treated
storm water discharge where such uses including conveyance, treatment and discharge structures does not
result in adverse impacts to the naturally occurring native vegetation, and it continues on Irom there.
So when we look at what is required within the preserve management plan, the monitoring really
doesn't get us to where we need to be. The monitoring looks at is there an adverse impact but it doesn't really
get to if yes, then what.
And what the Conservancy has proposed for potential language within that storm water in preserves
section is that monitoring is absolutely necessary, but if there is a problem, there needs to be some sort of
remediation plan, a plan to fix that problem. Because again, ifthe standard is no adverse impacts to those
naturally occurring vegetative communities, then remediation needs to be part of that.
And we suggest that the remediation plan looks at alternative storage, if there is a problem, too much
stormwater is going into a preserve, how arc you going to fix it? Wcll, you're going to have to store that
additional stormwater elsewhere.
Which gets to the point, and I bclievc that Steve brought that up of once that storm water system is
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built it's very hard to change, so we need to make sure tlmt were any stormwater going into preserves really
is going to not create an adverse impact.
But in looking at monitoring, remediation, we also need to take a close look at that last sentence, and
the compatible vegetation that needs to be replanted. Compatible with what? Compatible with the new
hydroperiod that you've established or compatible with the vegetation that was there previously that you have
now adversely impacted?
We believe that there should be replanting to the vegetative community that was there previously.
And I understand the concern about what ifit wasn't the stormwatcrthat created tl1e impacl. Well, if was fire,
I think it would be pretty easy to see it was fire, not additional storm water. [ think there arc some indicators
that could show ifit was too much water why vegetation was dying.
And again, the appropriate protocols, I think that's very important to have. And I did like the
suggestion from Commissioner Caron about monitoring for treated stormwatcr in preserves. I think that's an
important inclusion.
And one final comment. In tl1e stormwater in preserves section, which I guess you'll be hearing now
on the 4th, it indicates that there's going to be a preserve management plan if stonnwater is placed into
preserves.
And while the language in the preserve management plan section says that you'll have to do
monitoring for stormwater in preserves, than isn't a full preserve management plan if that preserve is under
five acres.
Now, I'm not sure that you need to have a full preserve management plan with the fire management,
but I think that that monitoring for a greater period of time than five years could bc very important, because
you're looking at changing the hydroperiod of a preserve, and five years may not be enough time to really
detennine are you impacting that hydroperiod in an adverse manner.
So we would like to see continued monitoring fix all preserves where storm water is going to be
placed, as you would have for all preserves over the five acres. Thank you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I think, Nicole, that what I was told here, and correct me if I'm
wrong, preserve management plans under G here, it says seven, criteria number seven, are required for all
preserves whether a management plan for the preserve has been adopted or not.
So size is not an issue there. It doesn't matter what size it is, correct?
MS. RYAN: Correct, for number seven to apply. But the question would be that longer term
monitoring, which is number eight --
COMMISSIONER CARON: Okay, thank you.
MS. RYAN: -- that -- I don't believe that that applies, and I think that it should for all preserves
receiving treated stonnwater, regardless of whether they're less than the five acres.
COMMISSIONER MURRA Y: I have a question.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRA Y: If! understand you, what you'd really like to scc happen, you're
questioning, as [ did, the lISC of the word compatible. And Steve did qualify, he did say that perhaps because
of changes we'll put in a new type of vegetation, something more compatible.
MS. RYAN: And we believe that that is inconsistent.
COMMISSIONER MURRAY: Yeal1, and that's what I'm hearing you. So you're saying the position
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of the Conservancy is you'd rather go to the alternative storage, some -- rather thanjust going back and trying
hit or miss, is that what it is?
MS. RYAN: It's in how you answer the question of there's a problem, how do we fix it. Do we fix it
by simply replanting with new vegetation because perhaps we're making a preserve wetter than it used to be
or should be. Or do we fix it by saying we need to create a remediation plan, we need to no longer put this
stormwater into the preserve, it needs to be treated in a different manner, and we need to try to restore the
hydroperiod and the vegetation that was there previous to putting the stormwater in.
COMMISSIONER MURRAY: See, that relates to my original thought and concern about time and
how often it's inspected, and then the degree of degradation, which is anotl1cr factor.
So I think there are some open ends that really need to be -- and maybe the escape clause as it were
is alternative storage that needs to be put in there somewhere, time relevant.
CHAIRMAN STRAIN: Nicole, if a project is approved lor storm water in preserves and it's built,
and the years go on and they're monitored for five years or say seven or whatever the time is, and say the
seventh year they discover that the mateIial isn't faIing well because of the stormwater going into the
preserve. You're saying the solution there ought to be looking for alternative sources of attenuation of that
water and then the vegetation replanting ought to be to what the preserve was originally.
Now, tl1e reason I'm pointing this out is because you're doing something seven years, let's say, for
this argument after the lact. You have structures build, you have parking lots installed, you have everything
done on that project. There is no other place to put water attenuation.
So if that is the case and this ch~mges to have compatible vegetation to what was in the original
preserve, we're going to be forever having vegetation die and a cost incurred upon people.
I'm not sure that may be the right procedure. So I just kind of want to point that out to you. That
scenario bothers me because I see sites built out on all the time. When you get a site done, it's done. And
usually they don't have any more room, they build it to everything they can.
MS. RYAN: Correct. And that really gets to the point that I'll be making when we talk about
storm water in preserves, because once you build the storm water system and you have everything designed
and constructed, there isn't a whole lot that you can do. So you need to make dam sure that what you have
designed isn't going to negatively impact those preserves.
So really, I think that a lot of the problems with this could be solved by making sure that when
stormwater is placed into preserves it is done in the most environmentally compatible manner and you're not
putting stormwater into inappropriate soil types and preserve areas.
So I think that if the stormwater in preserves section is designed properly then we won't have a
whole lot of problems with preserve management planning because it will be designed to function and retain
the native vegetation.
CHAIRMAN STRAIN: But I also think there's a ditlerent need and a different level of need when
the preserves that we're talking about harbor listed species versus preserves that are just there for the sake of
keeping open space. Big dillerence. And so maybe that's another way to look at an approach to this whole
problem and what your concerns are in regards to storm water.
So with that, I'll thank you lor your time.
MS. RYAN: Thank you.
CHAIRMAN STRAIN: So I think the synopsis is based on what we've been through here so far
today is staffis going to come back with this one as a rewrite. And this is on Page 193.
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Joe, you know, when we were talking earlier kind of laughing about the fact that tl1is may not get
done this year, you know what, it may not get done this year.
MR. SCHMITT: It may not get done.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: On the rewrite, Steve, could you bring back situations where you
don't think the state or federal management plans would cover everything we do in Collier County. I know
Barbara gave a kind of a brief list. But could you just kind of give us a paragraph or brief on that so we could
make -- thank you.
CHAIRMAN STRAIN: Okay, we have 20 minutes or so --
MS. BURGESON: l'll bring site development plans.
CHAIRMAN STRAIN: We have 20 minutes or so left, so let's try to -- you want two? Oh, Cherie',
you can't have two minutes now. Okay, let's -- we'll just come back at 4:45 okay? How's four minutes, that'll
get you there?
(Short break.)
CHAIRMAN STRAIN: The mic.'s back on, everyone.
Okay, weleome back. 'lbat was a Cherie' break.
And we had a little change in plans. The next item, although it's only two pages, Brian MacKenzie
has probably a lengthy dissertation that wouldn't get done today. lie has a handout that he wants to give us.
So I suggested that since we only have ten minutes left ofthis meeting, why didn't Brian provide us with a
handout, explain to us what the highlighted points are, and then we'll wrap it up and come back and he will
start on the 4th in the aflemoon, because I don't expect we'll be here -- it will be after 12:00 on the 4th based
on the agenda I've currently seen.
MR. MacKENZIE: For the record, my name is Brian MacKenzie and I represent Collier Resources
Company, which is the oil and gas minerals management entity lor the Collier families.
Brian MacKenzie witl1 Collier Resources Company. We manage the underground subsurface oil and
gas minerals estate for the Collier family, which constitutes about better than 800,000 acres here in Collier
County.
And I guess my basic concern with the issue at hand with the preservation standards allowable uses
is that we now have created a few allowable uses in preserves that exclude oil and gas exploration and
production operations, potentially over zoning designations, which would be agricultural, rural and
conservation, which is where we have traditionally been -- where our minerals lie and where we have been
allowed to operate.
As development moves east away from the urban area we're now facing with this as written
basically a nullification of our subsurface estate. And that's what this is about.
And Ijust wanted to hand this oul. I have suggested language which is identical except for one word
to what we worked out for the RLSA, tl1e flovvway stewardship areas, with all the conditions and operating
stipulations. So I'll just pass this out and --
CHAIRMAN STRAIN: .lbat would be great. And Brian, what you have come up with and your
presence here is exactly the issue that we need -- exactly the type of issue that we need to thoroughly ferret
out these LDC amendments for, because had you not been here today, I can honestly think, I doubt if
anybody would have realized this was an issue. And it's a major, major issue.
So I'm certainly pleased that you were aware of our LDC changes and came here today.
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August 28, 2008
MR. MacKENZIE: I've been going to these meetings since last August, when the EAC
subcommittee started to meet. And it took me probably till April or May to realize the magnitude of what
was happening here. And that's -- you know, we've been running a little behind the tidal wave since then.
CHAIRMAN STRAIN: We'd much prefer to catch that magnitude early on than get sidetracked--
MR. MacKENZIE: After today I have much more to talk about relative to this. And I think it's better
just to wait and give me a chance to digest it a little more.
CHAIRMAN STRAIN: Okay. Ifyou'll--
MR. MacKENZIE: So I'll pass these out. Thank you.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER CARON: And stalThas a copy of this already or you'll be giving it to them today
aswell--
MR. MacKENZIE: Yes.
COMMISSIONER MURRAY: Is this the one that wa'i in the e-mail?
CHAIRMAN STRAIN: Guys, Brian needs to respond on the mic., so you've got to be a little careful
on how we ask him questions, please.
COMMISSIONER MURRAY: I'm looking and wondering ifit is what I've got.
MR. MacKENZIE: It's identical, should be identical.
CHAIRMAN STRAIN: Don't talk till you get to a mic.
For the record, you have given staff copies of these?
MR. MacKENZIE: No, I haven't.
CHAIRMAN STRAIN: You will before you leave?
MR. MacKENZIE: I have one to give, and I can certainly e-mail the rest. This is identical. I sent this
out in an e-mail late last night because I didn't finish it until aller9:00. So I didn't expect you'd read it. But I
guess the men on the Titanic were shooting ofT flares right to the bitter end too, so that's what I was doing.
This is just the same thing that I e-mailcd you last nighl.
CHAIRMAN STRAIN: Nicole, I know this is an issue you're sensitive to, too. I lave yon seen this
write-up? I can forward you the e-mail that I got and then you'll can have that as well.
Every other item on the agenda is going to be time consuming. With nine minutes lell, it doesn't
make a lot of sense to get into anything else at this point.
Mr. MacKenzie was enough to wait around all day long to give this paper to us, and it will help for
our next review, which needs to be on September 4th.
I have the agenda for September 4th in rront of me, and it's lengthy. Moraya Bay is one of the issues
on there, we have Silver Strand, we have a few others. So I feel confident, and I need this board to tell me
otherwise, if we shouldn't get through Moraya Bay, the Naples Baptist Church, the Silver Lakes Property
Owners and the Naples Church of Christ. I don't see us getting through those until at least after the morning.
So if we continue this meeting to sometime noon or thereafter on the 4th of September, that ought to
be sutlicient. Is that okay, Mr. Klatzkow~
Good.
Is there a motion to continue to the 4th, noon or thereafter?
COMMISSIONER CARON: So moved.
COMMISSIONER VIGLIOTTI : Yes, but I have an additional question. Go ai1cad, yes.
CHAIRMAN STRAIN: Motion made by Commissioner Caron and seconded by Commissioner
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August 28, 2008
Vigliotti.
MR. KLATZKOW: You do intend to take lunch, right?
CHAIRMAN STRAIN: Right. But I don't know if we'll take lunch at 11 :30 to 12:30 or -- that's why
I'm saying, if we schedule at noon or thereafter, whenever we come back from lunch is when we'll start.
MR. KLA TZKOW: Okay.
CHAIRMAN STRAIN: Mr. Vigliotti, you had one other question?
COMMISSIONER VIGLIOTTI: Are we going to get this packet delivered today for next week?
CHAIRMAN STRAIN: I always pick mine up and they were nice enough to drop mine off while I
was here, so it's being delivered to you guys like usual.
COMMISSIONER VIGLIOTTI: So we'll be getting it today then, Thursday.
CHAIRMAN STRAIN: I don't know, I never get mine delivered. Whenever you normally get them,
you'll get them.
COMMISSIONER VIGLIOTTI: That's fine. Thank you.
CHAIRMAN STRAIN: Okay, Mr. Koltlat?
COMMISSIONER KOLFLA T: Have you confirnled that you have a quorum for tomorrow \",ithout
me?
CHAIRMAN STRAIN: Yes, we have, sir. Thank you very much. And we certainly appreciate your
eftiJrt to try to be here even in spite of all ilie things you have going for yourself. So thank you.
COMMISSIONER KOLFLA T: Still give me a 9-1-1 call if you want, early in the morning.
CHAIRMAN STRAIN: That's nice of you, Mr. Koltlat. We appreciate it. Thank you.
With that we are out of here until the 4th. Thank you all.
COMMISSIONER MURRAY: No, we're out of here until tomorrow morning.
*****
There being no further business for the good of the County, the meeting was adjourned by order of the Chair
at 4:53 p.m.
COLLIER COUNTY
PLA NINC{fSNMISSION
vVLL/~~ .
MA P. STRAIN, Chairman
These minutes approved by the Board on
corrected
/0 - ~~O 8, as presented
~
or as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY
CHERIE' NOTTINGIIAM.
Page 129
1 6 I 1 .~gust If 2006
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, August 29, 2008
pr-
[)
"j c" "'-"'"
, {UiJll
':'lCd":' ,,-J >>Lir.1', >\j,'ri1i';c:,'<jr;(,(~,
LET IT BE REMEMBERED, that the Collier County Panning Commission, in and for the County
of Collier, having conducted business herein, met on this date at 8:30 a.m., in SPECIAL SESSION in
Building "F" of the Government Complex, East Naples, Florida, with the following members present:
CHAIRMAN:
Mark P. Strain
Donna Reed Caron
Bob Murray
Robert Vigliotti
David Wolfley
ABSENT:
Tor Kolflat
Brad Schiffer
Paul Midney
Lindy Adelstein
ALSO PRESENT:
David Weeks, Comprehensive Planning
Randy Cohen, Comprehensive Planning Director
Michelle Mosca, Comprehensive Planning
Jeffrey Klatzkow, County Attorney
Thomas Eastman, CCSD Director of Real Property
Misc. Corres:
Date:
Item#:
Page I
Copies to
16/1 ~gUstA,20~
CHAIRMAN STRAIN: Good morning, everyone. Weleome to the August 29th meeting of the
Collier County PI arming Commission.
This is an adoption hearing for the Collier County Growth Management Plan amendments for 2008.
Well, I'm not sure they're all 2008, but -- it's 2006 actually. The meeting was actually scheduled for
Tuesday oflast week. It got continued to today. And we're going to complete the rest of the items on the
agenda today.
And before we are start, if you'll all rise for a Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Okay. Roll call by the secretary, please.
Item #2
ROLL CALL BY THE SECRETARY
COMMISSIONER CARON: Mr. Kolflat is absent; Mr. Schiffer is absent; Mr. Midney is absent.
Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: And Mr. Wolfley?
COMMISSIONER WOLFLEY: Here.
COMMISSIONER CARON: Oh, I'm sorry. I keep forgetting to do our school board member.
MR. EASTMAN: Thank you.
COMMISSIONER CARON: Mr. Eastman is here.
MR. KLA TZKOW: He's not voting.
CHAIRMAN STRAIN: Right. Thank you.
Item #3
PLANNING COMMISSION ABSENCES
Plarming Commission absences. Next Thursday we have another meeting. At least it isn't
tomorrow, like yesterday to today. I'd like to know if everyone is going to be here that's at least here today.
Anybody not?
(No response.)
CHAIRMAN STRAIN: Okay. On the agenda, couple of changes. The school board issue, which
is GP -- I mean, CPSP-2007-7 will be heard no sooner than 11 o'clock. It made it on the latest agenda. I
want to make sure the public's aware of that in case you're here for that. All the rest will go as scheduled.
Tom, since you do represent the school board, I have been made aware that the package that this
board received got to everybody but you and you didn't receive yours until a day or two ago.
MR. EASTMAN: That's correct.
CHAIRMAN STRAIN: And [also met with the school staff to understand -- they want to
understand the concerns that we may have or I may have about the document. And when I was walking
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~ugust 29, 2008
through the document page by page, they couldn't follow anything I was referring to except by what they
had on their notes, but none of the pages matched anything they had. And I asked them why. It turns out
they never had the packet either.
I'm not sure what that means, but I want to offer to you all, whenever they show up, if you want to
talk with them, if they want to request a continuance, I think out of fairness, I think this board certainly
ought to consider that.
So that's a decision that basically, I think, would rest in your lap since it would be you that would be
mostly inrringed upon by not having had the documentation early.
MR. EASTMAN: We appreciate that very much, Chairman Strain. We have a host of people
coming today both rrom the school district and outside consultants, and I would defer to them. I know that
there's been a lot of hard work on this issue, and they may want to move forward but they also may want to
take advantage of your generous oller.
CHAIRMAN STRAIN: Okay. Thank you, sir.
Okay. We'll go right into our advertised public hearings. First one is A, CP-2006-5. It's a petition
requesting amendment to the Golden Gate Area Master Plan. It was continued from 8/l9/2008.
And Mr. Weeks, do you want to make an intro, or are we just going to go straight -- and by the way,
this is the adoption hearing which means we've gone over this in intense detail during the transmittal. The
adoption is really a result of it going through this board, going to the BCC, going to DCA, getting their
responses back, and now responding to that.
So in -- under the tact that we have all -- we've heard a lot of this information, we don't necessarily
need to go over it all as detailed in the past as we have, so -- so with that in mind --
MR. WEEKS: For the record, David Weeks of the Collier County Comprehensive Planning
Department.
Mr. Chairman, I'd actually like to go back to the agenda, please. If you'll note that agenda item 4F,
which is petition CPSP-2007-6, a petition requesting an amendment to the potable water sub-element of the
public facilities element to amend policy 1.7 to add reference to and incorporate the county's I O-year water
supply facilities work plan. Staff is requesting that that be continued until September 18th.
CHAIRMAN STRAIN: That's our regular meeting date?
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: So it would be in the afternoon iller our regular hearing. I think I've
already discussed that with staff, and it will go after the public hearing. We'll defer to the public first.
MR. WEEKS: Understood.
CHAIRMAN STRAIN: Is that fine with everybody here?
MR. WEEKS: And I'll go al1ead and alert the Planning Commission that it's possible that this will
be further continued still. There's a lot of work to be done. As we have continued to -- discussions with the
Department of Community Affairs, as well as other state and regional agencies regarding this water supply
plan, all the way to tl1e point ofthe potential that we may, in fact, continue this until next year and adopt it
with the -- concurrent with the next CIE update. But for now we ask that you continue to September 18th.
CHAIRMAN STRAIN: Okay. We'll wait to hear from you on further continuances. Thank you.
MR. WEEKS: Could we please have a motion?
CHAIRMAN STRAIN: You want a formal vote?
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. Is there a motion to allow that -- motion to continue to September
18th?
COMMISSIONER CARON: So moved.
COMMISSIONER MURRAY: So moved.
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COMMISSIONER WOLFLEY: Whoa.
CHAIRMAN STRAIN: Okay. Ms. Caron made the motion. Mr. Murray, would you accept a
second?
COMMISSIONER MURRAY: Oh, that's fine.
CHAIRMAN STRAIN: Okay. All those in lavor, signify by saying aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 5-0.
MR. WEEKS: Thank you.
And now for some introductory remarks. As you'll notice on your agenda, the actual items you're
going to hear fall into two separate categories. There's the 2006 cycle of Growth Management Plan
amendments, and then there's the separate item, petition CPSP-2007-7, the school concurrency
amendments. Those are separate petitions, advertised separately, transmittal hearing dates were separate, a
separate Objections, Recommendations and Comments Report, also known as ORC Report, from the
Florida Department of Community Affairs.
As you've already stated, Mr. Chairman, this is the adoption hearing. This will be your chance to
make your final recommendation, and then when the Board of County Commissioners considers these
amendments, it will be their final action to either adopt, not adopt, or adopt the changes to these proposed
amendments.
This is a legislative action, not quasi-judicial; therefore, there is no requirement to swear in
participants or oller notice of ex parte communications.
As required by state law, there is a sign-up sheet out in tl1e hallway on the table -- which is the same
location as the speaker slips are located -- a sign-up sheet that will be sent to the Florida Department of
Community Affairs for anyone interested in receiving notice rrom that agency of when they are to issue
their notice of intent to find the adopted amendments in compliance or not in compliance with Florida
Statutes. And there's a separate sign-up sheet for the 2006 cycle of amendments and then for the school
concurrency amendments.
As is your standard protocol, once we get into the petitions, the applicant will go first and then staff
will follow, and we will do our best to be very brief. I certainly concur with you, Mr. Chairman, that as
usual, most of the issues have been vetted through the transmittal hearing process, though as you are aware
from your staff report, that there are some -- there is some new information for two of the petitions, in
particular, CP-2006 (sic) and '7, excuse me, 2006, '7, and '8, which will warrant some discussion.
And finally, once the hearing is over, as always, we would appreciate, if you do not wish to keep
your binders, that you leave them on the dais and staff will pick those up. We can reuse those for the
county commission hearing and then subsequently for transmittal to the Department of Community Affairs
and other state agencies.
Moving right on into the staff report, and I'll be brief, Mr. Chairman, then we can move right into
the first petition.
You held your transmittal hearings on these petitions back in the spring, back in March and April --
excuse me -- and at that time you had seven petitions before you. Now you only have five. The two that
are not part of the adoption hearings are the two petitions that were located in the rural land stewardship
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area, one east and one west of the community of Immokalee. One of those was continued at the transmittal
hearings by the Board of County Commissioners until the next cycle. That was CP-2006-9.
And then the other petition, CP-2006-1 0, at the request of the applicant, is not going forward for
adoption at this time. So we only have five petitions before you today for the 2006 cycle.
The ORC Report from the Department of Community Affairs raised five objections and two
comments. Some of those pertain specifically to petition CP-2006-1 O. Because it is not going forward
there is no need for any type of response at this time to those objections.
And I'll remind the commission that objections are the most critical comments from the standpoint
that if they are not adequately addressed, they can form the basis of a noncompliance finding. So it's
important that the county adequately address the objections that have been raised by DCA.
And the way we can address those is either to modify the amendment, specifically change the text to
respond to the objection, we could simply not adopt the amendment, we could modify the amendment and
provide some additional explanation or information to DCA, or finally we could not modify the amendment
but provide additional explanation and/or data and analysis to support the amendment as it was transmitted.
And I think with those introductory remarks, we're ready to start with the first petition. Thank you.
CHAIRMAN STRAIN: Thank you.
Item #4 A
PETITION: CP-2006-5
The first petition is CP-2006-5. It's the Golden Gate Area Master Plan and a church located on
Santa Barbara Boulevard.
Mr. Nadeau.
And rrom the county state attorney's side, do we need to do any swearing? This is -- do we need
swearing in or anything like that? Is it required? I don't believe so.
MR. KLATZKOW: No, it's not.
CHAIRMAN STRAIN: Thank you. Go ahead, Mr. Nadeau.
MR. NADEAU: Mr. Chairman, Commissioners, good morning. For the record, my name is Dwight
Nadeau. I'm planning manager for RW A. I'm pleased to be standing before you on behalf of the First
Baptist Church of Golden Gate. 'This is CP-06-5.
Nothing has changed since the original transmittal. There's a 3.54-acrc parcel immediately north of
the existing church. The Growth Management Plan prohibits any further expansion. We're proposing to
add exception language into Golden Gate Area Master Plan to allow for this church expansion.
The two conditions of transmittal that were recommended by the Planning Commission, that being a
limitation of 12,000 square feet of expansion area and the prohibition on child day care uses were
transmitted by the board. They -- we're still in agreement with that and we request your unanimous
recommendation to adopt for this petition. May [ answer any questions?
CHAIRMAN STRAIN: Well, before we go too far, I thought that the BCC denied our
recommendation for restriction on child care because staff didn't support it. Am I right in that? Didn't I read
that in the ORC Report or one of the reports?
MR. WEEKS: Mr. Chairman, what happened was that at your transmittal hearing, this body
recommended that rcterence to church-related day care be removed, that it simply say childcare is not
allowed as opposed to church-related. And you even asked stan; and I said no objection.
[ thought about it more after your hearing though and decided, no, it doesn't make sense to do it that
way. Remember that what is being requested in this amendment is an exception to the locational criteria.
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This property does not presently quality for conditional use, so this is asking for an exception for a church.
All other conditional uses are not allowed.
Ifwe keep the language to refer to a church-related childcare center, I believe that's appropriate
because the logical conclusion that staff would reach is if they -- without that prohibition, if they were to
come in and ask for a church-related childcare center, staff would say, yes, that is allowed.
To say a child care center generically is prohibited is not necessary. The same reason we wouldn't
list any other prohibited conditional use. It's not necessary to say that you cannot have a free-standing
childcare center. It's not necessary to say that you carmot have a nursing home.
CHAIRMAN STRAIN: I think the intent was that too many churches automatically believe they
have an accessory right to childcare. That's a much more disruptive activity in a neighborhood than Sunday
churches are, and we were trying to limit that.
Now, if we worded it wrong and staff sat here and understood that we worded it wrong, why
wouldn't you have clarified it to the BCC so it would have gone forward correctly so that we've got the right
argument in rront of us today?
MR. WEEKS: We believe it did go correctly to the BCC.
CHAIRMAN STRAIN: In what manner did it -- are we --
MR. WEEKS: In that staff said, time out. Please disre -- well, we asked them to not follow your
recommendation. We asked them to insert church-related back into the amendment.
CHAIRMAN STRAIN: Is it -- and then that's the way that it is right now?
MR. WEEKS: That is correct.
CHAIRMAN STRAIN: Okay, thank you.
Okay. Are there any questions of the applicant at this time~ And by the way, those members of the
public wishing to speak, when we finish hearing all the presentation, I will ask for members of the public to
come up and speak if anyone so desires, so -- okay.
Staff presentation?
MR. GREENWOOD: For the record, Tom Greenwood with comprehensive planning. We have no
further comments unless you have some questions.
CHAIRMAN STRAIN: Well, that's safe.
MR. GREENWOOD: Thank you.
CHAIRMAN STRAIN: Okay. Anybody have any questions of staff?
COMMISSIONER VIGLIOTTI: No.
CHAIRMAN STRAIN: I know we've been over all these in detail and at length the first time
around and we'd talked in depth about each issue, so if anybody's wondering why we don't have a lot of
questions, this is the second time to hear this and they were responded to the first time.
So with that in mind, are any members of the public wishing to speak on this issue; please raise your
hand.
(No response.)
CHAIRMAN STRAIN: Okay. No members of the public. And then I guess that will end that
issue. Is there a motion to recommend approval as presented by staff with any stafI recommendations as
defined for CP-2006-05?
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Mr. Vigliotti made the motion. Is there a second?
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: Second by Mr. Wolt1ey.
Discussion?
(No response.)
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CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 5-0.
MR. NADEAU: Thank you, Commissioners.
CHAIRMAN STRAIN: Thank you. That was surprisingly short.
COMMISSIONER WOLFLEY: That was fun.
Item #4 B
PETITION: CP-2006-7
CHAIRMAN STRAIN: Let's move on to CP-2006-7. This is a change to the Future Land Use
Element concerning some property on the comer of Airport-Pulling Road and Orange Blossom Drive.
Corby Schmidt was the staffliaison, and I don't know who is representing the applicant at this point.
Ah, Mr. Y ovanovich.
MR. WEEKS: Mr. Chairman, let me interject that, as you know, you have two stafTreports because
when we started we were not ready for petition 7 and 8 for your 19th -- August 19th hearing. So when we
get into the discussion of the petition, you'll need to go through the second stafJreport that is written
specifically for petitions 7 and 8.
CHAIRMAN STRAIN: Great. I have all my tabs on the third one.
Okay. Richard, it's yours. Are you going to be addressing us as a stand-alone or as a combined --
MR. YOV ANOVICH: Well, I was going to address both, and I don't know what you're going to
do. I guess I'm assuming you'll hear each individually, and if you decide to recommend -- follow through
with the recommendations you had before, you'll address whether they should become one. So I don't
know how you want to handle that, Mr. Strain.
CHAIRMAN STRAIN: My question to staff would be, is if we combine this into one as
recommended by staff and it does get approved, we did -- how do we -- how do we address that from a
hearing perspective? Because we're looking at them both separately. Would there be another viewpoint
that we'd have to analyze from a combined effort other than what you've given us in our package? Because
you've done it both ways here.
MR. WEEKS: I think you have all you need in your packet and in the recommendation. The
hearings have been advertised separately. The petitions have been fully advertised completely and properly,
separately, but the county certainly has the latitude to combine the petitions.
CHAIRMAN STRAIN: Okay. So we don't need any other advertisement or anything else?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: Great.
MR. WEEKS: And I would also specifically mention that we -- perhaps you've noticed in
reviewing, but in combined language, we've been careful to make sure that we didn't step on the rights of
one or the other applicants.
Basically taking two petitions and almost like stapled them together in the sense that they still have
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regulations applicable separately to the two parcels. I will also note that this is not unique in the sense that
we have one or more other sub-districts in the county where we have separate parcels, in fact, even
separated by major roadways that are within the same sub-district and have separate provisions applicable
to uses and development standards and so forth for each of those separate tracts yet within a single sub-
district.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeal1. Ijust had a question about hearing these petitions today.
Unlike the last petition where it had gone through us for initial hearing, it had gone to the BCC, it had gone
to the DCA, and now we were just coming back and addressing whatever problems the DCA had with it,
this is -- these two petitions are totally new. They're proposing different things than they were the last time
around. Is that appropriate or should they be going to another cycle? I'm not sure.
MR. YOV ANOVICH: Ms. Caron, I believe at the hearing we went away from retail and we went
to office and medical office uses and financial institution. And that is, in fact, what was presented to both
the Planning Commission and the Board of County Commissioners. Both groups recommended approval
provided we provided the data and analysis to support the square footage allocations that we're requesting,
which we did provide that data and analysis. Your staff has reviewed that data and analysis and is, in fact,
recommending approval.
So we did -- we did go through the process with the uses we're discussing today at the transmittal
hearing, and DCA did review that.
COMMISSIONER CARON: DCA--
MR. YOV ANOVICH: Yes.
COMMISSIONER CARON: -- reviewed--
MR. YOV ANOVICH: Reviewed our particular request of medical otlice, professional office,
financial institution, together with the clubhouse for the Italian American Club.
COMMISSIONER CARON: Okay.
MR. YOV ANOVICH: And I believe the same thing with the other petitioner, because we did make
those changes in front of you all. We went away from retail to the office uses subject to our providing data
and analysis, keeping in mind that within the category of retail is included office, so we actually narrowed
the prior request.
COMMISSIONER CARON: Right. I understand what you're doing.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: Okay. Is there anything else, Ms. Caron?
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: Okay, Richard.
MR. YOV ANOVICH: I guess with that, your stall'report is very thorough. We did -- at the last
hearing you all recommended transmittal of the sub-district subject to our providing the data and analysis to
support the need for the types of uses we're requesting. Since -- and we've done that, and I believe your
staff believes the information is sufficient to justify tl1e request.
We have also met with your transportation department a couple oftimes and have laid the
framework for a, I'll call it -- I hate to use the word consortium -- but a group of property owners to address
Orange Blossom Drive, issues on both the east and west sides as well as the intersection of Orange Blossom
and Airport.
And as you can see, it's a condition that we enter into an appropriate agreement with Collier County
to address any traffic-related impacts. The traffic study was done and your stall' has included a condition
that we cap our peak hour trips based on that traffic study to 171 peak hour trips because that's the traffic
study we provided in support for the Comprehensive Plan amendment.
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I have just two comments to the staff language that I've addressed to both Corby and Nick, and
they're on -- I believe it's on page 11 of my staff report. And it's condition C.
And what we'd like to insert in that is, it says vehicular intersection with property immediately to the
south as required, and we want to add the phrase, when it becomes available. So what that means is when
we do our site plan, we're going to plan for it, we're going to show it. But if we're -- if one property owner's
ahead of the other, we will not hold up that other property owner, but we will be required to interconnect
when that becomes available, and that was acceptable to transportation.
Now, if --I'm going to jump over to the joint conditions which start on page 23.
CHAIRMAN STRAIN: By the way, for the PI arming Commission, that is under tab -- it says staff
report 2006-6, 7 and 8. I believe that's the one that we're reading from; is that right, David?
MR. WEEKS: Yes, sir, correct.
CHAIRMAN STRAIN: Not the individual one.
MR. WEEKS: Correct.
MR. YOV ANOVICH: Okay. Well, I may have different page numbers because I only have the
staff one.
CHAIRMAN STRAIN: No, your page numbers are working. I just want to make sure -- we've got
two sets of documents, and --
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: -- I want to make sure everybody was looking for the same set.
MR. YOV ANOVICH: Okay. On page 23, condition B, the way it's currently written, it says that if
one or the other property owner doesn't enter into a DCA with the county, the other property owner doesn't
get to go forward. And I'd like to revise that to say -- and I've spoken to Nick about this. As long as we
enter into an agreement with the county to address our traffic impacts, we shouldn't be prohibited from
going forward because the property owner to the south doesn't enter into an agreement with the county and
vice versa. The property owner to the south shouldn't be prohibited from going forward if we don't enter
into an agreement.
So I'd like to rephrase that to say -- instead of the word either party -- either parcel, I would like it to
say a parcel within the sub-district cannot be issued Certificates of Occupancy until the property owner
enters into a developer contribution agreement with the county. So that would address the situation that a
parcel owner can't go forward unless they enter into a developer contribution agreement.
And then when we go over onto page 24, D, small i. It says pedestrian interconnections. I think it
was just pedestrian interconnection. I don't know that we have to have multiple. I just want to make -- and
all this, as you know, will also be further fleshed out when we do the PUD, but I mean, I don't want to fail
because we only have interconnection versus two pedestrian interconnections.
And then keeping in -- to be consistent with the comments I made on the separate -- in small double
i, it should say vehicular interconnection with parcel two is required when it becomes available. And I
would -- the same changes should be made in E for parcel two.
So with that, since -- if you have any questions about our particular request, we'll be happy to
answer any of those questions. This would allow us to come forward with a PUD, as you know, and there'll
be a whole new traffic study that goes along with that PUD, and we'll know specific uses at that time should
this Compo Plan amendment be approved by the Board of County Commissioners.
CHAIRMAN STRAIN: Okay. Arc there any questions rrom the Planning Commission? Ms.
Caron?
COMMISSIONER CARON: Yeal1. The basis for your square footage, the changes in your square
footage, what was the basis for the 40,000 square feet? I mean, did you just pull that out of the air or--
MR. YOV ANOVICH: That's the wrong -- that's not me. I'm the 34,000.
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COMMISSIONER CARON: You're the 34-, I'm sorry.
MR. YOV ANOVICH: No. Before we had had -- it was 26,000, because that was based on the
retai I.
COMMISSIONER CARON: Right.
MR. YOV ANOVICH: We actually did a site plan, we did the traffic study, we did the market
analysis, and the -- and that all supports the request of 34,000. Because as you know, we were -- we were
converting 26,000, and it turns out that 26,000 of retail is not a one-for-one conversion as far as traffic
impacts, and the market study actually showed that 34,000 was justified versus 26,000 of office. So that's
the change.
COMMISSIONER CARON: Okay. My next question is that a half mile down the road, you came
before this board and told us down at Naples Boulevard that there was no need for office, that that was not a
need, that the need in this area was for retail, not for office. And so I'm just wondering why the -- why the
change or did --
MR. YOV ANOVICH: I don't remember I said there was no need at all for office. In that particular
center, it was a regional attractor and office didn't make sense, and the square footage allocated in that PUD
to office, we certainly could not justify that square footage. And it was -- if I remember correctly -- I don't
remember the exact numbers -- it was a significant amount of office square footage. And on the -- based on
the way that center was being developed with the types of uses there, it made much more sense to convert
that over to a retail center and there was not a need to support -- I believe that number was until into the 70s
or 80,000 square feet, maybe even higher at the time. I don't have those numbers handy, but it was -- it was
a big number.
COMMISSIONER CARON: Thanks.
MR. YOV ANOVICH: And I believe locationally, if you were coming off the road versus this is
right Airport, from a visibility standpoint; there's some significant differences between the two properties,
this project and that project.
CHAIRMAN STRAIN: Ms. Caron, did you have anything else?
COMMISSIONER CARON: No, that's it for the petitioner.
CHAIRMAN STRAIN: Anything else?
(No response.)
CHAIRMAN STRAIN: Okay. Anybody else?
Rich, I've got a few.
You're going to have to help me with the two different ones since you guys are kind of being heard
together but separate. So if I ask you something about the other one, just tell me, and I'll save it. Fraser and
Mohlke did a report for which one, yours?
MR. YOV ANOVICH: Mine, Italian American Club.
CHAIRMAN STRAIN: At the direction of the county board, the firm of Frazier and Mohlke
Associates prepared a market conditions report. Who paid for the report?
MR. YOV ANOVICH: We did.
CHAIRMAN STRAIN: Good. I would assume you'd say that, but it said that the staff report --I
wasn't sure because it said at the direction of the county board. Usually when the county board directs
something, they end up paying for it, so I was just concerned -- wanted to make sure you would volunteer to
pay for that.
MR. WEEKS: Mr. Chairman, just to intelject--
CHAIRMAN STRAIN: Yes.
MR. WEEKS: -- for clarification. One of the -- one of the issues that staff had with this -- both of
the petitions at transmittal hearings was the lack, in our opinion, of adequate data and analysis. And so the
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county commission, in directing that that market study be done, was directing that they provide the
necessary data and analysis to staff.
CHAIRMAN STRAIN: I understand. I just -- I know why it had to be done. I wanted to make
sure the right party paid for it. Taxpayers shouldn't be.
Page 11 of the report is where I'll start, since you have the same page.
MR. YOV ANOVICH: Staff -- okay.
CHAIRMAN STRAIN: The one you were starting to read off of earlier.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Item B, it talks about the pedestrian interconnections: Immediately to the
south and to the west must be pursued by the property owner and incorporated into the overall site design.
I'm not sure why we had the word pursued in there. You've agreed to do it. You guys are coming through
with a combined effort. The southern property owners agreed to have the interconnection. So as far as the
word pursued, why don't we just say, you're going to do the interconnection?
MR. YOV ANOVICH: I don't have a problem to the south, but to the west, as you know, is a
residential project, but I can't require them to interconnect. But I think they used the word pursue to discuss
it with our property owners to the west, and if they said no, we don't want to interconnect, we didn't fail the
Compo Plan criteria.
CHAIRMAN STRAIN: Okay, fair enough.
So -- because the next paragraph addresses south being required. So I understand that. That makes
sense then.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: The third line -- actually the sentence starts on the second line. Traffic and
park areas, buildings and structures, landscape buffering and open areas and other uses shall be designed in
a manner that does not impede or interfere with access from the adjacent property to the south to minimize
the impacts on the surrounding street system.
What does "does not impede or interfere" connotate? And the reason I'm asking this is, does it
mean the first guy in sets the tone for the location of the second guy's project? If you're going to be doing a
bypass road from Orange Blossom to Airport which the public is supposed to access, obviously we don't
want one that winds and twists and does all kinds of things. We want it as linear as possible. So what does
"does not impede and interfere" mean in this context?
MR. YOV ANOVICH: I don't know that we're doing a bypass road. We will be working with your
transportation staff regarding what the appropriate interconnection will be to provide access as -- rrom our
property as you're coming east on Orange Blossom, you're coming to our property, we need to provide
access for whoever's coming onto our property to get over to the property to the south, and then from our --
people who are on our property going to the south being able to get to Airport.
So we've got to provide that interconnection for people to go ahead and do that interconnection. So
we're going to coordinate that with your transportation staff through our Site Development Plan process, as
well as the property owner to the south will be doing the same thing.
CHAIRMAN STRAIN: Okay. Well, the language says, does not impede or interfere with access
from the adjacent property to the south to minimize the impacts on the surrounding street system.
So if you've got two properties side by side, planning an interconnection that minimizes the impacts
on the surrounding street system seems to me that it would connect to the surrounding street system and --
MR. YOV ANOVICH: It will.
CHAIRMAN STRAIN: -- for use by the public. And I would think that that then becomes more of
a concern as regards to how straight it is, how linear it is versus running and moving and twisting around
buildings and parking lot islands, and that's why I was wondering how the words, does not impede or
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16 11!\ugJj29,gs
interfere with. And I'll ask Nick to address that when he comes because I've got a slew of questions for
him, too.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: We'll get further on that. Item D, the third line -- and it talks about the
intersection improvements. And I'm very concerned about this. It says the plan must be completed prior to
the issuance of any Certificate of Occupancy.
Now, we had the same condition on Naples Nissan, and they walked. Nick was frustrated with it.
The board gave in because the economy's tight and they said, oh, they'll provide jobs. I'm not sure what
they did; not the board, but Nissan.
I don't like tying it to CO because it's too late. The applicant comes in and cries, oh, my goodness,
you're hurting all these poor people's jobs, you know, if we can open up, we can employ 40 people, give us
an extra six months. So the CO doesn't work. It's got to be done before that, before you can put that burden
on anybody else. So since it's in here as a CO, I would suggest something else, and I would -- prior
building permit --
MR. YOV ANOVICH: May I?
CHAIRMAN STRAIN: Yeah, go al1ead.
MR. YOV ANOVICH: I'm sorry to interrupt you, but what I would -- remember, I would prefer that
we say -- if maybe we add the words, not later than CO, because my anticipation is, is when we come
through with the PUD, we will have that document done with the county.
There will be -- we are working with live or six property owners right now, and one of the parties to
the agreement will be the county. And the current rramework actually is, is for the county to build the
improvements and for us to pay for them but, you know, that may change. But that's the current framework
right now.
So if we add the words not later than CO, CO may be appropriate with adequate assurances to this
Planning Commission. If you put building permit in there, that may -- that may hamper our ability to get a
DCA done with -- because it's -- if! may, the DCA -- and this doesn't go far enough.
But we're talking about this property owner, which is the other Compo Plan amendment, us, then
you jump over this side of the street, there's a rezone in for this roughly 30 acres. They will be a party to the
DCA a'i well. This is already zoned. They're currently going to be a party to this. Thank you.
Yeal1, where was I? Okay. This property is the --I forget what they're calling it now.
COMMISSIONER CARON: Buckley--
MR. YOV ANOVICH: It wa'i Buckley PUD.
COMMISSIONER VIGLIOTTI: Sago, S-A-G-O.
MR. YOV ANOVICH: So that's going to be party to this, so there are multiple parties to it,
including the county. And there are people who are not parties to it that will be allocated a share of the cost.
And when they come through with their SDPs later, the county will be picking up those costs from them.
So I hate to hamper ourselves in the Compo Plan with that type of language. If we put not later than,
then you know I'm not going to be able to do anything -- I may be able to get -- start my work, but I'm
certainly not going to CO. I'd like to be able to have an opportunity to discuss it in greater detail at the PUD
stage, not at the Compo Plan stage.
CHAIRMAN STRAIN: Well, I'm going to -- Nick will have to comment on this, too, because I do
not -- after I saw what happened to Naples Nissan, there was no excuse for Naples Nissan not putting those
improvements in. They knew about them. Nick had even warned them when they bought the former
owner out well in advance that they needed to get that done. They ignored him, then they come begging to
the BCC for more time.
I don't like the idea of a PUD because that opens it up to the political process, where in here it locks
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~gUste, 2008
it in tighter. So I'll certainly see if Nick has any heartburn over this and where he may want to lie with it.
But right now I personally don't like the idea of COs being the trigger because it's too late by then. By then
everybody's in place and too easy to get a deference.
And E has the same similar problem. Discontinuing of any use and physically closing off any of the
existing easternmost vehicular access drive into Orange Blossom must be completed by the property owner
before CO can be issued.
Again, it's back to the CO thing. So this whole thing could be done before the building is going on.
It would help alleviate traffic and provide access during the construction phase of the project, which will be
slowing a lot ofthe interaction down in that comer of intersection with people coming and going.
See what Nick has to say about it.
MR. YOV ANOVICH: Mr. Strain?
CHAIRMAN STRAIN: Yes.
MR. YOV ANOVICH: If it helps, I don't think he's going to -- your suggested change is going to be
a problem for us.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: I have a question for the chairman.
CHAIRMAN STRAIN: Go al1cad, sir.
COMMISSIONER MURRAY: I was unaware of the change at Nissan. Are you saying that they
literally will not in any way later on be made to pay for the improvements?
CHAIRMAN STRAIN: No, not at all. What happened is they were supposed to have it done very
explicitly by two layers multiple words and the transportation department telling them to have it done by
CO.
They sold the company. When the sale was transpired, I was to understand from talking with
transportation, the new owner was even notified, don't forget, you've got to get your road improvements
done by the time get your CO. They ignored it. Nothing changed. Nothing happened.
They came in at CO and said, we want our CO because we have all these jobs we're going to
provide to county residents. It's a bad market, people need work. Give us more time to do the
improvements to the road system. Something they knew about all along and they didn't do it.
And now the road system is being improved. The work is being done, but now the traffic's suffering.
The left-hand tum lane's been closed off and on for long periods of time. You had to route through other
traffic. It didn't need to be done tl1at way, and that's -- if we now see the problems that can occur and the
wiggle room that is in our system, maybe we could prevent it if we look at things like this closer.
COMMISSIONER MURRA Y: Thank you for that. I needed to understand that.
CHAIRMAN STRAIN: Okay. Under F, all principal buildings shall be set back a minimum of one
foot in the subdistrict boundaries for each foot of building height. Why is that in the GMP? I mean, why
isn't that an issue addressed in the PUD where they normally are because the PUD is the document that's
supposed to be the one looking at these things and addressing setbacks? We normally do it in the GMP.
MR. YOV ANOVICH: That was a requirement of staff.
CHAIRMAN STRAIN: David, you're compo planning. This is a zoning issue. What is your
concern here? I'm not -- and why -- if you arc setting the standards for zoning and setbacks, what has one
foot got to do -- how did you come up with that?
MR. WEEKS: I'll probably have to defer to Corby for the specific language, but I'll just generally
comment that, as you're well aware, this is -- this topic is something that comes up just about every cycle of
Comprehensive Plan amendments.
On the one hand, Comprehensive Plan being a general planning document that's supposed to guide
and direct development, it arguably should not get down to this level of detail. It should be deferred to
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1 6 F'lAuAst 29&08
zonmg.
If there's a particular concern, tl1en it can be flagged in the sense of placing language in the
Comprehensive Plan that draws attention to it, such as at the time of rezoning, development standards will
be carefully scrutinized for X, Y, Z reason.
The flip side of it is that when we're dealing with these site specific Comprehensive Plan
amendments, it goes from general to much more specific because we're not talking about a tax base
provision that might have applicability to any given number of properties. It's only this property here. So
by its very nature, we narrow in to look at this single specific property here.
Also, because of the requirement to have neighborhood information meetings where the public, you
know, has a chance to come in and hear about the application just as they do for this hearing and the boards,
again, that narrows the focus. And sometimes -- I won't say that's the case here -- but sometimes the level
of discussion at those neighborhood information meetings gets dO\'.l1 to the rezoning level where people
want to know exactly what uses you're proposing, exactly what development standards; sometimes they
even ask about building colors and whatnot, things that go beyond the zoning stage even.
So because these are site specific amendments, just their very nature tends to invite far more
scrutiny than we might generally think that we would see in a Comprehensive Plan amendment.
Now, back to the broader issue. You certainly have the latitude, and ultimately the board does, to
impose these types of restrictions in the Comprehensive Plan, but if you don't think it's appropriate,
certainly it's acceptable not to.
CHAIRMAN STRAIN: Well, I'm certainly in favor of adequate setbacks, absolutely. That's not
my issue. I just don't know -- i I' we're getting into this kind of detail in one setback, why don't we get into
the detail on all of them? I mean, where do we limit it in the GMP?
If there turns out to be a reason why this is impractical, we're stuck with il. It's much more difficult,
rather than when we see the site plan, we see the overall PUD submittal, and everything fits together better.
We feel more comfortable with even greater setback, obviously, than what's here.
MR. WEEKS: Right.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Oh, I was just going to say, I mean, the same goes for square footage.
We limit them. Go al1ead.
MR. WEEKS: Square footage is a different issue. But one of the things we're required to do in the
Comprehensive Plan is establish development intensities, and that's where the square footages come in.
That is something we need to have. We cannot leave it open ended.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Well, anyway, let's -- 1'11-- I don't know -- do you -- does the applicant
have a need to see this in here?
MR. YOV ANOVICH: No, we don't have a need.
CHAIRMAN STRAIN: Okay. Something this commission ought to consider only because it just
clutters up the GMP and we could address it strongly in the PUD, which is going to be vetted by the public,
through public notices, through informational meetings, and that's a -- to me it seems a little more safer
place to have such language.
MR. WEEKS: Mr. Chairman, one more comment; I'll be very brief. And it goes back to what I
was saying before about the neighborhood information meetings and the reason that we require those. It
came about because of the -- I don't want to say the complaint -- the observation, perhaps, or the -- if not
complaint, by some citizens that the type of notice that's required in the Comprehensive Plan amendments is
far less than that required for rezoning. Historically was. They're moving closer to being the same, but
they're still not the sanle.
Page 14
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A AGst 29, 2008
And so we would hear sometimes at the rezoning stage -- and I suspect this body did as well -- the
public showing up at the rezoning stage and objecting to something only to be told, well, the
Comprehensive Plan has already been amended to allow this.
And, I think, again, this is where sometinles it's -- even down at the level of development standards
may come about where people are showing up at these hearings, neighborhood information meetings or
public hearings, and expressing their concerns at the Comprehensive Plan amendment stage, and that's why
-- one reason why these types of development standards creep into the plan.
CHAIRMAN STRAIN: Okay. Like I said, I'm not against setbacks. I think we need setbacks. I
have no problem with that. I just want to make sure it's in the right place.
Page 20, the neighborhood information meeting synopsis. Meeting was duly noticed and
advertised, four people attended the NIM; however, the applicant's agent was not present, nor was the
applicant.
MR. YOV ANOVICH: That's not me.
COMMISSIONER CARON: Wrong one.
MR. YOV ANOVICH: Not me.
CHAIRMAN STRAIN: I'm curious to understand why they didn't bother to show up.
I'm going through trying to sort out which ones are yours and which ones aren't, Richard, so give me
a minute here.
On page 23 that you had brought up some changes on, we're starting with another discussion, and
this one is number II, Orange Blossom/Airport Crossroads commercial districts. Now, this is the
suggested language if we combine them both. And rather than be redundant, you know, I don't need to
repeat my comments about the CO.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: On B. And I understand your change and I don't have a concern with that.
So I guess we're onto page 24, same question there about the one-foot setback issue. I don't have
any problems with the changes you suggested. Same question about the -- must be pursued, but you
resolved, not to impede or interfere; parcel two, the same. Oh, that's parcel two. So you're not parcel two.
Okay, Ms. Caron?
COMMISSIONER CARON: I have a question on parcel one. Up in the first paragraph it says,
existing institutional uses such as the Italian American clubhouse. Are we -- I'm sorry, 23.
COMMISSIONER WOLFLEY: I was getting ready to ask that.
COMMISSIONER CARON: Right at the beginning of that first paragraph, second line -- I'm sorry,
third line, says, existing institutional uses such as the Italian American clubhouse. Well, does that mean
we're going to allow anything? If the Italian American Club goes away, we can put in any other club
facility? I thought we were doing this specific to these people.
MR. YOV ANOVICH: You know, I don't know what our current conditional use says. I don't
know if it specifically says we can only have an Italian American Club. It probably says we can have a club
facility. Probably more generic.
COMMISSIONER CARON: But this is -- this is a way for whatever you have now anyway. This
is creating something new.
MR. YOV ANOVICH: It would be for the new -- for the new building it would allow use like the
Italian American Club.
For instance, I don't know that we intended that if the Italian American Club decided to cease and
another organization like the Italian American Club decided to buy the building and use the clubhouse, that
that would be prohibited. So I think that that's -- I mean, when we go through the PUD we'll specifically
have whatever category -- I'm blanking as to what zoning use the Italian American Club is -- we'll get that
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I 1.. August 29, 2008
1 6 ':'1 A t..
use so any -- whether it's the Italian American Club or some other, you know, Greek American Clu',t they
could then come in and use that building. They wouldn't have to go through another Compo Plan
amendment and another rezone just because the type of organization changed, because that's not a change in
use.
COMMISSIONER CARON: Go al1ead, David.
MR. WEEKS: Just a comment. The specific use, I presume, for the Italian American Club would
be a conditional use referred to as social and fraternal organizations --
COMMISSIONER CARON: Okay.
MR. WEEKS: -- and I would agree with Rich's assessment. But our perspective would be that that
category of use would continue on.
COMMISSIONER CARON: Would continue.
MR. WEEKS: Yes. And I would also point out that that type of use is allowed without this plan
amendment.
COMMISSIONER CARON: Exactly, yeal1.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: Is that it, Ms. Caron?
COMMISSIONER CARON: Yep, on that.
CHAIRMAN STRAIN: Richard, maybe you can explain -- I have one other item circled on page
23, item B. On Orange Blossom Drive, Airport Road intersection improvement plan must be approved
prior to any development order approval, and construction per the approved plan must be completed prior to
the issuance of a CO.
Next sentence says, as changed, as you suggested, a parcel of the subject property cannot be issued
a CO until the property owner enters into a developer contribution agreement with the Collier County Board
of County Commissioners to pay a proportionate share of the cost of improvements of Orange Blossom.
So are you constructing it or are you paying lor it, or how does that work?
MR. YOV ANOVICH: As I said, right now it's anticipated that we will be paying for it, and maybe
we should create some level of flexibility that we will either be paying for it or we'll be constructing it. But I
mean, we were -- you know, we were clearly -- right now I think we were contemplating that the county
would actually be the contractor, if you will, and we would pay our share of whatever that construction
pnce IS.
CHAIRMAN STRAIN: Okay. So part of the problem of this intersection's going to be then, even
if you -- even if you had a DCA, if you're not contributing enough to improve the intersection and the
reliance is upon the county to do it, they're going to sit there until their budget allows them to do it, which
means you could have your construction completed up and standing without the intersection improvements
completed.
And Nick is rising up to the occasion, so he might as well come up here and explain to us what all
this is happening, because I'd sure like to understand before we have a messed up intersection.
MR. CASALANGUIDA: My hair's getting long.
CHAIRMAN STRAIN: Your hair's getting long?
MR. CASALANGUIDA: Yeal1. It's too hot.
CHAIRMAN STRAIN: You need to get it cut.
MR. CASALANGUIDA: Good morning. For the record, Nick Casalanguida with transportation.
Touch on the Naples Nissan intersection, follow up on that a little bit and give you a little more
guidance with regard to this project. It worked well when the county said no everybody. You can't go until
the intersection's funded. You're right. The hiccup came with the CO issue. So how do you get around that?
And it's not an easy issue because you have various developers at various stages of development. They're
Page 16
all screaming to get going.
One idea might be that you do not get to go or get a building permit until the project has
commenced construction and you don't get the CO until the project is substantially complete. So you don't
get -- at least we have a broken ground on a project, whether it's them or us; they wouldn't get a building
permit, so there would be no building up, and then the CO would come into the substantial completion. So
it would be kind of more coordinated that way.
So how do you go about doing that so it satisfies everybody? Because you have PUDs in the areas,
SDPs, Compo Plan amendments. I think it'd be good to provide them an option as well as county because
you're right, if we can't fund that project, it's going to sit there.
So I think it goes into the philosophy, the idea, that maybe a design, a permit and construction can
be done by either party, the county or the developers, at any point in time.
But those two stipulations about the building permit and the CO stay with it, and that protects us,
because funding is going to be an issue. We've had people that say, well, what if! sit on the sideline and let
you fix it and then I come on line afterwards? And you're right, I probably won't have enough money to do
that intersection without everybody participating.
CHAIRMAN STRAIN: Okay. Well, [-- your suggestions help, and that -- don't go away, all right.
I know you like all these questions, so while you're there, let me use the ones I had at least.
In a letter that came from the review by the DCA -- the letter was from Ray Urbanks at Florida
Department of Transportation. It said in the letter, DOT recommends that a traffic study be revised for
CP-2006-7 to establish that adequate capacity will be available for project trips that will impact 1-75 and
U.S. 41 in the horizon year 2030. Have you seen that? Did you review that? Did you sign off on that?
MR. CASALANGUIDA: 1-75 and U.S. 41'1
CHAIRMAN STRAIN: That's what it says right here, and in the interim, year 2013, yeal1. It's right
here. Did you do it or did you look at it?
MR. CASALANGUIDA: No. 1-75 and u.s. 41?
CHAIRMAN STRAIN: That's what it --I'll read it again. FDOT recommends that the traffic -- am
I reading the wrong thing --
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: -- recommends that the traffic study be revised for CP-2006-7 to establish
that adequate capacity will be available for project trips that will impact 1-75 and u.s. 41 in the horizon
year 2030, in the interim year 2013. Funding sources must be identified for improvements required to
alleviate all short-term failures, and it goes on with another couple sentences.
MR. CASALANGUIDA: God bless them. [mean, I -- you know, tl1ey're asking -- they're asking
me to look at traffic impacts to 1-75 and u.S. 41 in the 2030 year.
CHAIRMAN STRAIN: Well, here's where the concern is. Iftl1is gets through the boards and it
goes up as approved, DCA pulls it out and says, where's the report that you were supposed to have? You
didn't even do it. So now we get another ORC Report back that messes up the process again. Why don't we
just do it. If you -- ha'i it been, Richard?
MR. CASALANGUIDA: Commissioner, this project impacting 1-75, to do a capacity analysis on
[-75 in 2030 is --
COMMISSIONER MURRA Y: Ludicrous.
MR. CASALANGUIDA: -- ludicrous.
CHAIRMAN STRAIN: I don't have a doubt in that, I don't. I don't disagree with you, Nick. I just
don't know why it was here, and I would have liked to have heard someone respond to it is simply where
I'm going.
COMMISSIONER CARON: They--
16 I r~ /igust (; 2008
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CHAIRMAN STRAIN: Go al1ead, Ms. Caron.
COMMISSIONER CARON: The situation is though that you needed to respond to it, whether you
did a study or not, you need to respond to why you're not doing a study for it, I think.
MR. YOV ANOV[CH: I think the response is -- needs to be toned down a little bit, but, you know,
it's a recommendation but -- you know, that we think that that's -- you know, that's an unnecessary expense
to a property owner to go do a study --
CHAIRMAN STRAIN: Well, and they've actually talked about why they asked for it in this report.
This is going to have to come back on consent anyway. Between now and the consent, could you provide a
response to this FDOT letter that could go with the adoption process if it gets --
MR. CASALANGUIDA: I think the applicant's traffic engineering coordinator (sic) should provide
that response because --
CHAIRMAN STRAIN: Well, [don't care who responds. l'mjust saying--
MR. CASALANGUIDA: I want to make sure that they're aware that they should, you know --
MR. YOV ANOVICH: Do you agree that it's silly?
MR. CASALANGUIDA: I agree that it's silly.
CHAIRMAN STRAIN: Well, I'm sure that Mr. Urbanks will appreciate that comment.
MR. CASALANGUIDA: You know, if what they're asking for is us to do a capacity analysis on
[-75 from this project's traffic, that's -- that's, you know--
COMMISSIONER VIGLIOTTI: Miles and miles away.
MR. YOV ANOVICH: I'll respond.
CHAIRMAN STRAIN: Again, alii wanted you to do is respond to it. We want to cross the T's,
dot the I's. We want to do everything that's required to get this off our plate ifit needs to be.
MR. YOV ANOVICH: Commissioner Strain, we'll go al1ead and provide that response. Ijust
wanted to be sure when we provide that response transportation agreed with that response, and it sounds
like they do, and I hope you agree that that's an appropriate response, that that's a little overkill for this
particular project.
CHAIRMAN STRAIN: I want to tell you something. I have the utmost faith in Nick's abilities.
And so if Nick says it's silly, then you can write a letter that says, this is silly, and I'll accept that.
MR. YOV ANOVICH: Signed by Nick Casalanguida.
CHAIRMAN STRAIN: And Nick, by the way, this same thing is said for CP-2006-8. The same
language, the same paragraph is put in the FOOT report involving that one as well. Again, I'm not -- it just
needs to be responded to.
MR. CASALANGUIDA: I'll work with Rob Price, their crafting engineer, to craft a response to
that.
CHAIRMAN STRAIN: Okay.
MR. SCHMIDT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. SCHMIDT: Corby Schmidt, comprehensive planning department. Just to note, the otlicial
objection from the DCA doesn't include that requirement. Those are requests or suggestions from the
Florida Department of Transportation. They're not part of what DCA is asking us to respond to.
CHAIRMAN STRAIN: I understand.
MR. SCHMIDT: All right.
CHAIRMAN STRAIN: I don't care who it was from. If it was from a member of the public or
anybody, we should respond to it. That's what we're here to do. And if an agency is -- asks a question,
simply respond to it. I'm not saying they're right. I just need to get the response on the record.
On page 2 of the transmittal hearing, this -- there's another paragraph that says, prior to adoption
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hearings, prepare and submit to staff a unified analysis, design, funding, and construction plan for Orange
Blossom Drive, Airport Road intersection improvements. Such plan must be approved prior to any
development order approval, and construction for the approved plan must be completed prior to any
Certificate of Occupancy.
Now, that was prior recommendation. But prior to this hearing today, prepare and submit to staff a
unified analysis design and funding and construction plan for Orange Blossom Drivel Airport Road
intersection inlprovements.
Nick, have you gotten that?
MR. CASALANGUlDA: They've met with us twice, they've hired an engineer, Rob Price, and a
design engineer, and they're working on that now. I have not received that.
CHAIRMAN STRAIN: You have not received it. Well, then I believe by the time we get to the
consent agenda, we're going to need to understand if that's been accomplished because it was a prior
stipulation that BCC approved. So subject to the following text -- it's on page 2, Richard.
MR. YOV ANOVICH: Of the staff report?
CHAIRMAN STRAIN: Yes.
MR. YOV ANOVICH: Well, I would say -- here's what we've done and I think we've done it. We
have provided a combined trallic analysis with all the properties I discussed, including properties that have
said they're not going to be part of the funding. So we do have -- we've done a combined traffic analysis.
We've met with Nick and his staff regarding who's going to pay for it. And what we haven't gotten
down is to what's the county's share of the funding, because some of it is background traffic not related to
these projects.
So we have submitted a funding -- a plan. We've identified on the -- at this level the proposed fix,
and now we're now going to the next level of actually designing the fix.
So I think we've done all of those things that are required in meeting with your staff, and we will
have the final documents done prior to the development order stage.
CHAIRMAN STRAIN: Well, alii want to see by the consent agenda is acknowledgment from
Nick that the following has been accomplished, that prior to the adoption hearings, prepare and submit to
staff a unified analysis, design, funding, and construction plan for Orange Blossom Drivel Airport Road
intersection improvements.
When Nick comes to us on the consent agenda, ifhe says that's been accomplished, then I'm happy.
MR. YOV ANOVICH: What else do you need?
CHAIRMAN STRAIN: All this stufftook place on March 17,2008. We've had multiple months in
which this all could have been worked out. I don't know why it hasn't.
MR. YOV ANOVICH: Well, I thought it had, to be quite honest with you, because we've worked
with Michael Green as -- in detail about doing the trips and we've identified what the potential fix should
be, and now we've got to get into the final design. So I thought it had been done.
MR. CASALANGUlDA: I don't need a linal design. What was said -- and I remember being at the
board hearing -- we'd have a concept plan and a cost so we'd be able to say to anybody that was reviewing
this petition, this is what the fix is going to look like and this is a rough estimate of what it would cost so
we'd have an idea of the funding plans to say, either the developers will fund it or the county will, but they
wouldn't get to go based on those two stipulations we talked about. [don't have that yet, and they're
working on it. So once I get that -- and ['m not sure it's not a lot of work. They can probably get it by--
MR. YOV ANOVICH: Rob just told me by next week.
CHAIRMAN STRAIN: Okay. Nick, I would suggest, and Richard, don't schedule the consent
agenda review until number two is accomplished to the satisfaction of transportation department because
that's what it was put here for.
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16 11 ,~gUSA' 206
MR. YOV ANOVICH: Okay. I understand. I'm sorry I misunderstood.
CHAIRMAN STRAIN: I'm looking for any more questions for Nick. Nick, on this road, this
interconnection, and I'm talking about page 11, item C, the interconnection with the property immediately
to the south is required. It says, does not impede or interfere with access from the adjacent property to the
south to mininlize the impacts to surrounding street systems.
What was your belief that this paragraph would have led to?
MR. CASALANGUlDA: It would have led to unified or coordinated access points and shared
driveways would be designed so that when you say minimize impacts, this strongly states that it be
functional like we talked about. It wouldn't be circuitous. And that would, you know, allow these people to
approach the intersection and leave the intersection, not that it be one of those driveways they you can't get
out of, formed an S curve, went through a parking lot, and came around.
So how you deal with it now in compo planning is difficult. I think the language is not so bad that
when you get to PUD, you start to refine it. Our concern is that the developer to the south isn't ready to go.
I think you bring him into the talks when the PUD is here and get him to agree to or work with us to get a
concept plan done. But at this point in time it's hard to define what that's going to look like without getting
the two parties together.
CHAIRMAN STRAIN: Okay. So you don't have -- the language -- you feci you can get what you
need out of this PUD when it comes forward based on this language in the GMP?
MR. CASALANGUlDA: I believe so.
CHAIRMAN STRAIN: Okay. That's the part I'm concerned about. Thank you. Those are the
only questions I have of the applicant and of Nick.
Does anybody else have questions of either one? Ms. Caron?
COMMISSIONER CARON: Yeal1, I have questions for Nick. The fix tl1at you're proposing,
Orange Blossom and Airport, what is that fix actually going to do?
MR. CASALANGUIDA: It will reduce the travel time through that intersection hopefully, and it
will--
COMMISSIONER CARON: Right. But will it prevent Orange Blossom from failure?
MR. CASALANGUlDA: Well, intersections kind of gate your roads. I mean, a two-lane road,
Orange Blossom, with very little friction is going to be held up by that intersection. So will it fix Orange
Blossom? The level of service that's set in our AUIR for Orange Blossom is a threshold amount. The trips
that would come on are probably going to exceed that.
But my idea would be to maximum that intersection improvement so that you'd be able to approach
that intersection and can clear that intersection as quickly as possible. So it's kind of a vague answer.
Will it meet the level of service standard for Orange Blossom? No, probably not, but it will greatly
improvement the capacity ofthat intersection, hopefully, when we're done.
COMMISSIONER CARON: Because right now it looks like you're looking at, in the p.m. peak,
our LOS ofE.
MR. CASALANGUlDA: On a two-lane facility, I mean, it's a low -- it's a number. The problem is
the intersection and how do I maximize that intersection with right-of-way constraints? The concern I had
when we met with the folks was, if the developers do what they can't condemn or purchase right away, it
would have to be done by the COWlty. I don't know if I can fund it all.
CHAIRMAN STRAIN: But this is with the fix.
MR. CASALANGUlDA: That's correct, yeah. But again, you're looking at an LOS-E of the
two-lane facility, and that's deceiving a little bit. That intersection is going to be a problem. You're going
to notice -- if you drive down Orange Blossom, you're not having a problem going out on Orange Blossom.
You're not bumper to bumper. When you get to that intersection, that's the chokepoint.
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16 I lrAUg1-\ 29, 08
CHAIRMAN STRAIN: Anything else, Ms. Caron0
COMMISSIONER CARON: Not right now.
CHAIRMAN STRAIN: Okay. No one else has anything of the applicant or Nick? We'll have--
transfer to staff, if they have any comments. I'm not sure who the staff person was on this. But Corby or
Tom. Looks like Corby.
MR. SCHMIDT: Thank you, Commissioners.
Just a few things of note because we've discussed this already this morning, and you certainly have
been through the transmittal steps, and here we find ourselves at adoption.
Keep in mind that you're finding your information in a separate staff report. You've already been
through that. But the transmittal recommendation was very different mainly because we did not have or we
did not see the data and analysis to support that initial request, and we've been through iterations ofthis
request or these requests since that time.
And when you originally saw the application for some 26,000 square feet ofretail businesses and
services and offices, that was very much different than what finally came to you at transmittal as, I believe,
the 12,000 square feet -- I'm sorry -- a reduced amount of uses along with a square footage in this case.
What the DCA saw is what was transmitted to them. It was the low number or that 12,000 square
feet of offices and services along with the somewhat confusing original data and analysis for the full 50,000
square feet ofretail businesses, ot1ices and services, the full mixture of the original proposal. That's some
of the reasoning behind why the objection and their recommendation for the --
CHAIRMAN STRAIN: Corby, you're a little hard to pick up.
MR. SCHMIDT: Thank you. And that's some of what's behind their objection and
recommendation for the new data and analysis, and that was provided to staff and that is part of what is part
of your packets.
The new data and analysis was based on the same information that you arc looking at now, the full
square footage of the uses that you're considering at this time.
So -- and the ORC response, although there may be some portions you suggested to change that had
to do with traffic, the data and analysis is sufficient to cover what is now being proposed, and that should
address DCA's concerns, and that's always something the staff thinks about.
One of the other items I wanted to mention is we've noted those minor changes to the language that
occurred since transmittal when you saw this last and before it was prepared or as it was being prepared for
these hearings. Those are minor and only if you have questions about them willi address them
individually.
Other than that, I'm available for your questions.
CHAIRMAN STRAIN: I just have one general question before we get into specifics. When there
are stipulations made in a prior meeting endorsed by the BCC and sent forward, whose job is it to follow up
to make sure that they're implemented?
I'm concerned that this design of the intersection and this whole effort that we went through to make
sure that was addressed; it didn't get addressed. I know you don't do that. But where would you have
expected that to come from to your department before it came to us so that it could have been approved,
reviewed, and adequately given to us in the package?
MR. SCHMIDT: Well, it would have been by us as well, but those individual staffs responsible for
those reviews would have verified or will verify for you.
CHAIRMAN STRAIN: Okay. I just want to make sure that it gets routed to the right departments,
that it gets looked at. I don't know why it wasn't picked up. I don't know where that lies, but regardless, I
want to make sure it gets addressed properly now.
Anybody have questions of stan. at this point?
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(No response.)
CHAIRMAN STRAIN: Okay. Thank you, Corby.
Is there any members of the public that wish to speak on this petition?
(No response.)
CHAIRMAN STRAIN: Okay. Let's start with Mr. Kant, we'll move to the gentleman in the
blue-striped shirt, then the fellow on my right will be last.
Ed, come on up and introduce yourself
MR. KANT: Mr. Chairman, I'll wait and hold my comments until after the other petition is heard as
well because -- and I don't care --
CHAIRMAN STRAIN: Well, you're going to have to use the mike if you're going to go too far
with your request, but yes, you can.
MR. KANT: Thank you.
CHAIRMAN STRAIN: Sir, do you want to make sure comments now or wait? You're weleome to
come up if you want to make them now.
MR. GARBO: Thank you, Commissioner. John Garbo. I'm the president of the Orange
BlossomlPine Ridge Community Alliance. And my comment will really go towards both because I need to
go work for a living, so I'm going to take off here shortly.
CHAIRMAN STRAIN: Don't blame you.
MR. GARBO: The biggest issue that I think we see -- and our organization is made up of all the
neighborhoods, all the communities on Orange Blossom Drive west of Airport Road, and our goal really is,
is to make sure that that corridor stays the way it is as a beautiful two-lane facility.
The real issue that I think I'd look at here is, is that there's a stipulation that right turnouts are made
going into and out of the -- both of these projects. There's a driveway on the south -- sorry, on the west end
of the property that I think right now would allow somebody to cut across Orange Blossom as if they were
going to the library or west on Airport. And for those that have been around since there was one traffic
light in Naples and we could cross 41 at any intersection, we know we can't do that today.
And I know it kind of hurts all of us because we have to go down the street and turn around and
come back, and I realize it could actually hurt these projects as well for people in my neighborhood or
myself that want to go in, they'll have to turn around and go all the way around to get back home.
Well, that's what we have to do when we have a community like Naples that is, you know, still
growing and has a lot of beautiful, you know, aspects to it. So I would ask that that stipulation be made in
both of these.
CHAIRMAN STRAIN: And that stipulation, just to be clear, Nick, I would probably like to ask
you to come up and comment on it. I want to get everything as detailed as possible. This is the last chance
we're going to have to hear this.
So if I'm understanding this correctly, there's a driveway entrance on the west end ofthe property as
it abuts Orange Blossom Drive right now, and it allows people to make a left out of there onto Orange
Blossom.
MR. GARBO: Correct, yes. That's it.
CHAIRMAN STRAIN: Okay. Is that intersec -- is that driveway going to be -- or that median
going to be cutting off that driveway from having that done in the future, Nick?
MR. CASALANGUIDA: It may. The issue is going to be that intersection approach and what that
final design looks like. If there's two turn lanes there or the lanes open up to allow for more than one or two
lanes to approach that intersection, you may want to put a median separator in there. And I don't know that
yet until we get a design.
CHAIRMAN STRAIN: And that's a design that hasn't gotten to you yet that now it will get to you
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before consent?
MR. CASALANGUIDA: Yes, but it still will be a conceptual design. We're going to -- speaking
to Mr. Kant, what the good idea is, is to take this through the public process as well, too. I think maybe one
of the other ideas would be we'd treat this as a project that goes through a 30,60,90 review process with the
public meeting so everybody's aware of what goes on.
In your urban area, you're going to find more and more of these improvements are going to take
place in intersections.
COMMISSIONER MURRAY: Yep.
MR. CASALANGUIDA: And instead of them being kind of arbitrarily done without too much
public involvement, we should take them through a regular process so people are aware what goes on, and
we would take in comments like that with the design.
CHAIRMAN STRAIN: Okay. In the design that you're going to get, let me ask the applicant then
if they have any objection to closing on'that western entry so that no left turn can be made onto Orange
Blossom Drive out of that western entry. It's a right-in, right-out only.
MR. YOV ANOVICH: Is that something that needs to be decided at the Compo Plan level? I mean,
don't -- I think it would be more appropriate to do as Nick is suggesting that we actually have a design
meeting with the neighborhood, because perhaps maybe -- maybe there's other ways of dealing it. Yes, it
may be appropriate to still allow some lefts out but not to go all the way across to the library, you know.
You can--
CHAIRMAN STRAIN: Mr. Y ovanovich, this should have been addressed when it wa'i brought up
at the March meeting. You were supposed to bring to Nick a design for that intersection that we would
have seen. This would have shown up today. We would have been able to discuss it.
I agree with you. A lot oftimes it wouldn't have normally been done, but since it was stipulated and
asked for, there's no reason it can't be done now. You're going to do it anyway in the next two -- or
whatever time it takes to get back here for consent.
MR. YOV ANOVICH: We were supposed to come up with a conceptual plan, not the fmal design,
which we are in the process. And [ thought -- Mr. Strain, I didn't see anywhere where we were supposed to
do a written report. We've been working with your staff and we will finalize a written report that will
address that issue as far as what is the fix, and I don't think one of the fixes was closing that off.
MR. CASALANGUIDA: I would definitely not want to get into access management and driveway
conditions at a Compo Plan stage because we want to go ilirough a public meeting and we want to go
through a design review.
What they're supposed to bring back to me is a concept plan ofthat intersection of the laneage, lane
calls, you know, where their water management might go erupt (sic), amount of cost of that would be, and
then we'll get into the intricate design details of access management and, you know, how it -- a protected
left or, you know, a directional left or what would be required there.
And, again, the good idea would be to have a public meeting so you could, you know, comment and
point and say, I'm concerned about this. Those comments are taken down and they're reviewed by the
design engineers, and we come up with the best solution lor everybody.
But to try and get into a -- what a driveway will be today without taking an overall look at that
would probably not be a good idea.
CHAIRMAN STRAIN: Nick, were you here during the transmittal hearing?
MR. CASALANGUIDA: I believe I was.
CHAIRMAN STRAIN: Okay. The language of the transmittal hearing that we transmitted, that
was approved -- and I'm assuming you were at the BCC, too -- it said, prior to adoption hearings, prepare
and submit to staff. Prepare and submit. Doesn't sound like a verbal to me. A unified analysis, design,
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16 It.' f1(UgUfj9,2008
funding, and construction plan for Orange Blossom Drive/Airport Road intersection improvements. That
was agreed to by all parties, it was stipulated, it was sent forward.
Does that mean to you that we don't get into these details at this level?
MR. CASALANGUIDA: To me it does because it's a concept plan. This is what would be
required to fix that intersection. And if[ was to take -- and can take a plan and say, well, I reviewed it, Bob
Tipton's reviewed it, we agree that this is fine, we would leave out the public rrom review in that process a'i
well, too.
CHAIRMAN STRAIN: This got transmitted because of the stipulations that were accepted. If you
had disagreement with those then, I don't know -- I don't remember hearing your strong disagreement to
those stipulations.
MR. CASALANGUIDA: Commissioner, I don't think it's a disagreement. I think it's a
misunderstanding. When they talked about providing construction plans, it's a concept plan. This is what it
would take to fix the intersection.
I'm going to have to do underground utility locates, I'm going to have to do signal design, I've got to
figure out pedestrian accessways. I have to figure out water management. That can't be done without going
through a complete design process.
Now, what I'd to see is a concept plan and a rough cost so I can look down and say, yeah, this is the
fix. Now let's go to design.
CHAIRMAN STRAIN: Will your concept plan take the vision of that intersection further west than
the western property line that's shown on that plan for the subject parcel?
MR. CASALANGUIDA: It may. It may mean a median separator there that would, you know,
close that off if the lane calls require that.
CHAIRMAN STRAIN: Well, that's all I'm asking--
MR. CASALANGUIDA: Okay.
CHAIRMAN STRAIN: -- is that we see that by adoption. And then if there's an issue with it at
adoption hearing -- and where is Mr. Klatzkow? He's gone.
MS. STUDENT-STIRLING: Yes.
CHAIRMAN STRAIN: Margie, are we getting into subjects that are too much for the consent
agenda and should this be deferred until that plan actually gets to us so we can review it before we actually
vote on it, or is it something we can handle as we're suggesting -- or as I've suggested then at the --
MS. STUDENT-STIRLING: Well, I think what you may want to do is set it right now for the
consent agenda, and once you have it -- I'm just trying to think of the process where you could -- you know,
if you had additional questions, you know--
CHAIRMAN STRAIN: We could open the meeting up for discussion.
MS. STUDENT-STIRLING: -- then you could open it up during the meeting for discussion.
CHAIRMAN STRAIN: Okay.
MS. STUDENT-STIRLING: So in that case, if it's all part of this, you -- instead of: I don't know,
acting today, you might want to, you know, continue your vote on this till that meeting in case you want to,
you know, discuss that plan and open it up.
CHAIRMAN STRAIN: Okay. And then we could waive the consent if we had all the detail at that
meeting and we felt it was inadequate.
MS. STUDENT-STIRLING: Well, you'd have to motion to have it taken off consent and --
COMMISSIONER MURRAY: Okay.
MS. STUDENT-STIRLING: -- put in a continued part of the meeting, and then you could just
defer, you know, your vote until that time. That may be the safest thing to do, because I could see where
you may have questions once you look at it.
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1 6 I l' AUgUS~, 2008
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Can we vote on it today and then open it up at consent or --
CHAIRMAN STRAIN: Well, she's saying we can, but it might be more efficient just to do
everything today, stipulate everything, andjust review it all at the consent. It's typical to do the --
MS. STUDENT-STIRLING: And I --
CHAIRMAN STRAIN: -- voting at the consent. Continue it--
COMMISSIONER VIGLIOTTI: And don't bring it back at the consent.
CHAIRMAN STRAIN: And we'll put it first up on the agenda so it would be early in the morning
if we can get it over with so people can go to work, but that may resolve part of the questions and concerns
we have here.
MS. STUDENT-STIRLING: My only issue is if you vote on it today and you haven't seen that and
it's on consent and you want to talk about it, is how do you get it out of there when you've already voted on
it? That's my concern.
CHAIRMAN STRAIN: Okay, understand. Thank you.
Mr. Weeks?
Thank you, Margie.
MR. WEEKS: So my understanding is the possible action that the commission would take would
be to further discuss this and then ultimately continue this until your next hearing, I believe, September 4th.
CHAIRMAN STRAIN: Whatever date that is, yeal1.
MR. WEEKS: Okay. And that would be assuming that the applicant would have the necessary
information to stafT by then. But I would ask the commission -- you've already had some discussion about
changes to the text for whatever changes in a straw vote that the Planning Commission would wish to take,
staff could then try and get that consent.
CHAIRMAN STRAIN: Yeal1. I wa~ going to go there. But I want to finish with the public
speakers and any further comments that this gentleman has, and then we'll get to that issue.
Anything else you wanted to bring up?
MR. GARBO: No. So as I understand it then, there's going to be another meeting, public meeting
to discuss really the intersection and how that's going to get designed; is that what I'm hearing?
CHAIRMAN STRAIN: Well, when this came through transmittal in March, we had asked that
some of the design be originated now, prior to this hearing. It didn't happen. It needs to happen.
We're going to basically come to a conclusion on most of the items today, but we're going to have
another meeting in which we normally do. It's called a consent meeting; however, this particular meeting
won't be just consent. It will be -- we'll continue the final vote to that normal meeting. At that meeting
they'll do a final vote and a consent at the same time, but that would most likely be September 4th, and it
would be one of the first things up in the morning. That part of the agenda would -- and in those meetings,
it goes very fast, so you wouldn't have to sit here and wait for very long periods of time.
MR. GARBO: Okay.
CHAIRMAN STRAIN: Is there any other issues you had or your neighborhood had with this?
MR. GARBO: No. I think that was one of the bigger ones, and I think Mr. Kant and the other
gentleman might address some other issues on the second round.
CHAIRMAN STRAIN: Great.
MR. GARBO: Thank you --
CHAIRMAN STRAIN: The gentleman in the blue shirt, if you want to speak on this one, please
come up to the podium; otherwise, you can speak on the second one as well.
MR. DAY: Good morning. My name is Tyler Day. I'm the former president of the master
association at the Villages of Monterey, also am a vice-president of the Orange Blossom Community
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16 , 1""1 ^{fust fJ2008
Alliance.
One of the concerns that John has spoken of is -- of the rest of the group as well. We had a
neighborhood information meeting last night that was put on by the presentation group here which raised
some concerns, one of which John has talked about.
It was noted that there could be a north/south road that would go behind the Italian American Club
that would exit out onto Orange Blossom. Orange Blossom, as you know, services roughly 6,000 residents
along that area, and we are greatly concerned with regards to safety there.
And I would like to reinforce what John said, that the importance of the right-in, right-out, rather
than crossing Orange Blossom to create a safety problem, is what the community wants.
And I have not much more to say than John has. But it is very, very important that the safety factor
on Orange Blossom, with all the traffic that's there, not be enl1anced through some incorrect road revisions.
CHAIRMAN STRAIN: Thank you for your comments, sir.
We will be going -- before -- I guess before we summarize, David, since this should probably be
looked at as a combined eJ1ort, we'll give you all our comments after we hear the second one, which is
CP-2006-8.
I think we've heard all the public comments, the commission's and staff's and applicant's on this
Issue. Let us take till 10:05. We'll come back and go into 2006-8 at that time.
(A brief recess was had.)
Item #4C
PETITION: CP-2006-8
CHAIRMAN STRAIN: Okay. If everybody will please resume their seats, we will continue with
the next item on the agenda, and it's actually a companion item to the one we're talking about now, 2006-7.
This is CP 2006-8.
Mr. Vigliotti isn't here. Mr. Vigliotti, where are you? Speak of the devil. Okay.
Mr. Nadeau, you may start. You probably know some of the questions we're all going to hit you
with, so hopefully you'll resolve those in your presentation.
MR. NADEAU: I will try to, Mr. Chaimlan.
Mr. Chairman, Commissioners, again, Dwight Nadeau, for the record. I'm planning manager for
R W A. I'm representing the Karate Airport Inc.'s petition, CP-06-08 for the Airport/Orange Blossom
commercial sub-district.
As you were aware, there were several changes in the proposed sub-district wherein we had
previously had a senior housing developer that was under contract to purchase approxinlately four acres of
the property. Unfortunately that contract negotiation did not go so well, and so we have made a request that
that be changed to 40,000 square leet of professional office with the opportunity for the senior living.
The transportation analysis prepared by TR Transportation identified similarly to the Italian
American Club's petition where there's a limitation on the p.m. peak hour net new trips associated with the
project. And for this project, it's 203 trips. This would equate to 30,000 square feet of medical office, 6,000
square feet of general ollice, and the potential for a 4000-square-foot drive-through bank.
Now, we did have our original neighborhood inlormation meeting on February 6 01'2008, and with
the changes, it was appropriate that we have another hearing, another neighborhood information meeting. It
was scheduled for August 8th.
I was pleasantly in Mexico. My client was in Michigan and there was a big storm up there. He was
not able to fly out of Michigan to attend that neighborhood information meeting. On behalf of my client
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I 6 11 lAust 2f:2008
and to the public, we apologize for that.
We did advertise and conduct another neighborhood information meeting last night, which was
referenced by one of the speakers. Mr. -- Planner Schmitt has provided you with a synopsis of that meeting.
And the focus of the discussions as you've heard this morning related to the access to the Orange Blossom
Drive intersection, lands to the west and the intersection improvements.
We are in no objection to the restrictions that had been applied to both the unified sub-district and
ours as considered as parcel number two. We embrace the changes recommended by Mr. Yovanovich and
those comments made by the commission.
With that, I'd be happy to answer any questions tl1at you might have.
CHAIRMAN STRAIN: Any questions of the applicant at this time?
(No response.)
CHAIRMAN STRAIN: I'm going through your neighborhood informational meeting synopsis
right now, so before we're done with staff, I may have some questions. I don't know about the rest.
MR. NADEAU: Yes, sir.
CHAIRMAN STRAIN: Hearing none, at this point -- oh, Mrs. Caron. I'm sorry. Go al1ead.
COMMISSIONER CARON: On page 25, triple "I" says, all principal buildings shall be set back a
minimum of 15 feet. Was that -- was that based on the assisted living?
MR. NADEAU: WclL actually -- from my perspective when I Vvyite a Growth Management Plan
amendment, I'm also looking at compatibility issues, and given that there is the potential for taller structures
on the subject property, and in consideration of the Carlisle to our west, we were -- we offered up the one
foot for every one toot of building height setback. The minimum setback is 15 feet. So it was a
compatibility issue. It was identified in several other sub-district languages.
I did not find that it was inappropriate. It's very uncommon that we do have development standards
in Growth Management Plan text: however, compatibility issues were embraced by staff, and so we have no
objection to that setback standard.
CHAIRMAN STRAIN: Ms. Caron, did you have anything else?
COMMISSIONER CARON: No, not right now.
CHAIRMAN STRAIN: No? Okay.
Dwight, I've found some more notes. In the package that is specific to your application, there was
additional information. And I don't know how to described it. And one of them is, it says, basis for
approval, Airport/Orange Blossom commercial sub-district GMP amendment.
Page 1 -- and actually I'm going to have my question on page 3. And I'm not sure if you're familiar
with that document or not or you have it.
MR. NADEAU: Yes, Mr. Chairman, please proceed.
CHAIRMAN STRAIN: Well, who did the document?
MR. NADEAU: It was prepared by RWA.
CHAIRMAN STRAIN: Was it supposed to be a market study?
MR. NADEAU: We did have a -- both a market study and a commercial demand study. I think
there's been three studies done through the history of the petition.
CHAIRMAN STRAIN: Okay. Well, the first paragraph on page 3 it says, second to the last line,
currently the olfIce allocations below the minimum desired levcl of2.0. Now, when I see things like that I
always wonder who sets the market level of 2.0. I low was that established?
MR. NADEAU: Okay. The inlormation related to this paragraph was derived from a report
prepared by Fishkind & Associates. I do have Mr. Russ Weyer in attendance. May I bring him up to try
and address that?
CHAIRMAN STRAIN: Oh, yeah. We go -- we've been round and round on this before.
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16' 1 -lugusA9,2c0
COMMISSIONER CARON: I get tired of asking.
MR. WEYER: Mr. Chairman and Commissioners, for the record, I'm Russ Weyer, senior associate
with Fishkind & Associates.
Generally when we're looking at long-term planning, and understanding when we do these market
studies, we have to take into account not only lands that, A, are in existence, also, 13, lands that have been
approved for that particular use, and, C, lands that have the potential for that use.
So generally when we -- when we do that analysis -- and this has happened with reports we've sent
to the DCA in the past -- they look for a market application of roughly two to one, and they look that out for
a planning period of 2030, and what that allows is that -- it allows lor flexibility in the plarming as they go
forward to allow those lands to change. As you get closer to 2030 and you gct closer to build-out, that
allocation ratio comes down.
CHAIRMAN STRAIN: Well, your statement that -- and you say it twice -- any ratio below the
minimum desired level of 2.0 warrants the addition of new otlice land to the market.
MR. WEYER: Correct.
CHAIRMAN STRAIN: That 2.0--
MR. WEYER: Yes, sir.
CHAIRMAN STRAIN: -- do you have a text document that that's stated in showing how that
number came to be? Because if you go to Atlanta, Miami, Los Angeles, New York, and you want to set a
ratio for a market demand there, it would be a heck of a lot different than what we demand here.
I'd like to know how that ratio is tailored to our local area, and I haven't seen that, so I'm asking you
for it.
MR. WEYER: Mr. Strain, I will provide that for you.
CHAIRMAN STRAIN: Okay. Remember the Silver Strand out in Immokalee?
MR. WEYER: Yes, sir.
CHAIRMAN STRAIN: Okay. You said the same thing there. I've never seen anything from you.
MR. WEYER: Yes, sir.
CHAIRMAN STRAIN: That one's coming up, too.
MR. WEYER: Yes, sir.
CHAIRMAN STRAIN: So you might want to go back and look at your transcript and give me the
stuff I asked for because I'll ask for it again, and if you haven't got it again, we've got a problem.
MR. WEYER: Yes, sir.
CHAIRMAN STRAIN: So this one's going to come back to because we're going to, apparently,
have this heard with the other one on a continued meeting. Please, before that meeting, would you get me
that information? And I don't want 300 pages. I want the portion that tells me how tl1e 2.0 was derived.
MR. WEYER: Right. I will do that.
COMMISSIONER MURRAY: Mr. Chairman, I assume you're speaking for all of us in that
regard?
CHAIRMAN STRAIN: Ifall of you want it, then I think that's a great idea.
COMMISSIONER MURRAY: 1 think whenever you ask for something, we ought to be able to
have the opportunity to see it as well.
CHAIRMAN STRAIN: Well, I'm not stopping you from seeing it, Mr. Murray. If you want it, you
can have it.
COMMISSIONER MURRAY: You're acting as a chair here, and I'm asking you to make sure we
all have the same opportunity.
CHAIRMAN STRAIN: No, Mr. Murray. I'm asking the question. And the applicant sends it to
staff, staff can do what they want with il. I want to make sure I get it, that's all.
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16 I I AuAst 29608
Some of the questions have been answered so I'm trying to get past those.
That's it. That's the only one I have.
Anybody else have any questions of the applicant at this time?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll ask for staffpresentation.
MR. SCHMIDT: Again, Corby Schmidt rrom the Comprehensive Planning Department.
This is the second two of somewhat similar petitions, so I'm not going to give additional detail at
this time. Certainly I can answer your questions; however, I would like to mention and expand on some
earlier comments I did make, just to point out and remind you that this is -- or this petition is the subject of
an ORC, objection and recommendation, and part of your staff report includes the stan's response to that
ORC objection.
CHAIRMAN STRAIN: Are there any questions of stafT, any member of staff at this point?
COMMISSIONER VIGLIOTTI: No.
CHAIRMAN STRAIN: Okay. Thank you, Corby.
MR. SCHMIDT: Thank you.
CHAIRMAN STRAIN: And David, I have a list of six items that we've discussed, and I'll read
them ofT. If the Planning Commission members have any concerns, objections, or clarifications, now's the
time to do it. And then we'll have this come back, I would aSSUil1e then, on the -- whenever we can get it
scheduled for consent.
Oh, I'm sorry. Mr. Kant, good point. Thank you. [s there's anybody else besides Mr. Kant that
would like to speak to us on this matter?
(No response.)
CHAIRMAN STRAIN: Okay. Ed, see what happens when time goes by? I forget already.
MR. KANT: Thank you, Mr. Chairman. For the record, my name is Edward Kant. I reside at 1910
Mission Drive in the Villages of Monterey, which is immediately off of Orange Blossom near the
Goodlette-Frank end.
I am secretary of the Villages of Monterey Master Association; however, [want the record to reflect
that my comments this morning are my own. I represent myself and no one else.
And I want to also make clear that I'm not up here to speak in objection to this CP, Comprehensive
Plan amendment, either of them. I recognize that that land can't lie hlllow. I also recognize that the Italian
American Club has a zoning problem that they have to resolve, and this is the first step toward doing that.
I want to make sure that in the ultimate resolution of how this property develops, that the impacts on
our surrounding neighborhoods are fully explored. Toward that end, I have several items. One is the
addition of74,000 square feet of oflice including medical office, including the possibility of banks, and I
think somebody said retirement or elderly type housing.
My concerns with that are only to the extent that we've lived through this already, the intersection of
Vanderbilt and Airport Road, with the ofliccs that are near what's now, I think, called the Collection, but it's
up behind the CVS there, where they came in as general offices, they wound up with a plethora of medical
othces and had a real serious parking problem. And so I think that you need to be aware of that. And I
know that there is some potential for medical offices in this site.
Also, the idea of the banks. [was able to catch a glance at the trathc study. And I take no issue at
this point because I haven't really read it in detail. And for the record, some of you know me but some of
you who don't need to know that I have, I believe, the credentials to stand behind my remarks with respect
to anything I mention on traffic or transportation.
And one of the things that caught my eye was the fact that it mentioned that the county allows for
up to 50 percent reduction in bank traffic for pass-by traflic, and that that 50 percent reduction was taken, I
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I 6 11 Ahust 262008
believe, in that traffic study.
My only concern is that that's probably not a good practice to make a general rule to simply apply
the full 50 percent. If that's going to be a Bank of America, Wachovia, yeal1, that's probably not
unreasonable. If it's going to be a Partner's Bank or a Hutchinson local bank, or even a Northern Trust
private bank, then maybe that's a little bit generous, coupled with the fact that while we really need another
bank in Naples, both of these properties allow for future banks.
So I think that that needs to be considered. And I realize that this is probably something that should
have been brought up early at the very beginning in the very first meeting. Unfortunately, I missed that first
meeting.
I want to also make a comment. There was some discussion about the intersection of Orange
Blossom and Airport and the concept plan or the unified plan as it's stated in the documents. My experience
over the last 20 years here in Collier County has been that we've called -- when I was with the county staff,
we called many times for --let's take a look at what's going to happen out there. We want to see this before
we approve it, and there was never any intent that that be a definitive set of construction plans. I think it's
important that you have the concept plans, but I also think that at the Comprehensive Plan level, it's gilding
the lily to look at a set of detailed construction plans because you have no clue as to what the site plan's
going to look like. So 'just want to lay that on the table as well. Probably you might take that in defense of
staff.
Another concern that was brought up this morning which I hadn't heard before was the issue of
intersection level of service on Orange Blossom Drive, on Orange Blossom! Airport intersection, and I
would agree, there are times of the day when that intersection almost totally breaks down, and part of that's
due to the geometry, let alone the traffic volume.
But I think it's important, gentlemen, that you also -- and ladies, that you also keep in mind that
there is a distinctive difference between intersection level of service and roadway segment level of service.
They're measured differently, they're described differently, and they mean different things.
And so it is -- it's very -- I want to ask you to exercise caution in looking at this transportation issue
and not let the issues at the intersection of Orange Blossom and Airport contaminate what might happen on
Orange Blossom Drive itself.
We are prepared to defend vigorously that Orange Blossom remains as a two-lane road. As was
pointed out, the side friction on that road is relatively minimal. That road, except for one parcel to the west
of the Kay Lagoon, which is now -- it used to be the Smallwood, that road's built out. The county, in its
infinite wisdom, decided to close off Carica. That, unfortunately, happened under my watch even though I
argued against it, but that's the way it is. And I don't think that that's going to significantly ever change the
character of Orange Blossom Road (sic), and I think that -- Orange Blossom Drive, and I think that it's very
important that we don't let the issues at Airport and Orange Blossom spill over into the rest of Orange
Blossom.
Also, I think that it's -- it's important to recognize that Naples has a very -- I shouldn't say -- Collier
County has a very limited roadway backbone network. We have six north/south roads and six east/west
roads, and we've allowed that to happen over time. We've looked for interconnects wherever possible.
And I think that when the -- this is laudable that these two properties are being looked at as one
Comprehensive Plan amendment. To do otherwise, I think, would be a dereliction of your duty and the
board's duty. So I commend you on that.
I also think it's important to recognize that when we talk about an interconnect between the two
properties that we don't necessarily look for that interconnect to be at the property line. I can name a
number of different developments. For example, go down to Naples Boulevard, go into Home Depot, and
you could find yourself out by Bed, Bath, and Beyond, you know. It's very simple to interconnect
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properties and not necessarily have the interconnections to the property line.
So I think it's important that that be looked at. Also, we have in the past put stipulations in
Comprehensive Plan Amendments. And I direct your attention to the Golden Gate overlay and the
Immokalee overlay, and the Santa Barbara/Golden Gate overlay where we have, in fact, gone to the level
saying, we want to control movement and we want to control the traffic based on these future
developments.
So I would, again, recommend to you the idea of not only having right-in, right-out on Airport
Road, but limiting Orange Blossom access to right-in, right-out with a potential for a left-in but not
necessary a left-out, and certainly not a crossing maneuver to the library.
I would also like to commend Nick and the stafffor suggesting that, in fact, tl1e idea of the Orange
Blossom/Airport intersection be brought as a project. I know that in my tenure with the county, we brought
a number of intersection improvement projects to the public to get feedback. I realize that that's beyond the
scope of this hearing, but I also want to get it on the record as indicating that there is a need, I believe, and a
desire on the part of the public to know what's going to happen out there, and not just for the 6,000 of us
that live on that street. but for the roughly 34,000 of us that go through tbat intersection every day. So that's
very important.
Thank you very much. I'll answer any questions.
CHAIRMAN STRAIN: Thank you.
Any questions?
(N 0 response.)
CHAIRMAN STRAIN: No, thank you, Ed.
MR. KANT: Thank you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: So let's get Nick up here and have him answer the 50 percent pass-by
Issue.
MR. CASALANGUIDA: I'm sorry. I caught part of the discussion, but from what I heard his
concern was tl1at we use the exceptionally high pass-by. And correct me ifI'm wrong, you had said ifit's a
certain type of bank, you didn't feel uncomfortable about that, but ifit was another type of bank, you -- you
know, it might be a different issue.
What was probably provided in the original analysis -- and I don't know long how long this has been
in the queue. It's probably still going through the old system. We use a pretty conservative pass-by. I can
guarantee you -- the other safety factor, I think, that's going on, is that we're providing a growth rate to
Whippoorwill and Orange Blossom and then counting these trips as well, too, so we're almost double
counting them in the analysis as well, to a certain extent.
MR. KANT: Based on what I saw -- Edward Kant, again. Based on what I saw, again, an
admittedly briefreview of the TIS, it looks like there's about 374, 375, whatever it is, trips, peak hour, from
these two developments.
I know that the proposed split is something like 80 percent, 20 percent Airport to Orange Blossom.
I've had a chance to look at that. And I'm not arguing with Mr. Price's work. I mean, I know he does
quality work, but my concern is that when you look at another 300-plus trips -- and perhaps this is
something I should have brought up. I know thatI'm not going to make any friends with the county staff
when I say this, but I also understand that this -- use Mr. Y ovanovich's word, this consortium, reluctant use
of the word -- this consortium that's going to be looking at the improvements, I was told, does not include
the county. The county basically was in there, the county is saying, well, wc don't have any money.
And my position on that would have been a~ it was about close to 10 years ago when the library and
county otlice was first proposed, that the county does have a fiduciary duty to look at what's going to
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happen to the future of that intersection and should be, in fact, a part of that consortium. As was brought up
-- well, my understanding is the county is not; am I incorrect?
CHAIRMAN STRAIN: No. Before we get into conversions (sic) between --look it, Ms. Caron
asked a question of Nick. Mr. Kant, if we need your further input, we'll call you up.
MR. KANT: Thank you.
CHAIRMAN STRAIN: Okay. Nick, do the best you can to answer Ms. Caron's question. Other
issues that involve DCAs and how they're legally involved in the county or not, that is not part of this
hearing today.
MR. CASALANGUlDA: Okay.
CHAIRMAN STRAIN: We'll get into that later. If your pass-by capture rate and other things like
that are dependent upon site plans when you know what the uses are, you simply need to tell us that.
So go forward.
MR. CASALANGUIDA: We're conservative with our analysis based on the fact that we've asked
them to look at project trips and a growth factor for the area. So we are a little conservative in our analysis,
and we're going to scrutinize this project, and we're also going to go with that recommendation to have a
public meeting so plenty of people will have a chance to pick this apart and make sure we're doing a good
job on this intersection.
COMMISSIONER CARON: Thank you.
MR. CASALANGUlDA: You're welcome, sir.
CHAIRMAN STRAIN: Thank you, sir.
Are there any other questions of anybody at this point from the Planning Commission?
(No response.)
CHAIRMAN STRAIN: Okay. With the commission's -- as long as there's no objections, I'll read
the items that I have. If anybody has a concern over them, just speak out and we'll do a straw vote until -- at
least a consensus until the next time this comes forward.
MR. YOV ANOVICH: Is this for the joint?
CHAIRMAN STRAIN: Yes.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: I think everything is -- does the Planning Commission agree this should be
looked at as a joint application?
COMMISSIONER VIGLIOTTI: Yes, yes.
COMMISSIONER WOLFLEY: Yes.
CHAIRMAN STRAIN: Okay. There's six items I've made notes of One is that the road
intersection work will be under construction before a building permit is issue and that it will be substantially
complete at the time of CO.
Any problems with the Planning Commission on that?
COMMISSIONER WOLFLEY: Could you please -- Chairman, could you reference the page or--
CHAIRMAN STRAIN: There's no page. It's just written notes.
COMMISSIONER WOLFLEY: Well -- okay, go ahead.
MR. SCHMIDT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. SCHMIDT: That change would likely fit in stipulations or entry B of page 23.
CHAIRMAN STRAIN: But there's multiple places, too, ifl'm not mistaken.
MR. SCHMIDT: Understood.
CHAIRMAN STRAIN: So I'm assuming that if you hear our recommendations, you'll enter them
into the proper location within the document.
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MR. SCHMIDT: Understood.
COMMISSIONER CARON: Everywhere.
CHAIRMAN STRAIN: Right. Anywhere that it's needed. So I don't want to limit you to just one
paragraph if there's other paragraphs that apply.
On nUillber two, the design, permit, and construction for that intersection, should one party want to
move forward they'd be able to based on that acceptance of that -- ofthe DCA.
I think there was a discussion by Nick on that issue that we wanted to make sure there was
flexibility in the language that if the county wasn't going to do it because of budget purposes, that is
anybody could pay for it and move forward with it, and that's the purpose of the second comment.
The third comment is, they would address the FDOT question. I know it's not part of the ORC
report, but it is a question that ought to be answered.
The fourth question -- lourth item is the acceptance of the applicant's changes. They went through
and talked about a few grammatical things and a couple words additions.
The fifth item was -- and this --I want to ask all of you if you can -- ifit bothers you or not, and
that's the removal of the setback standard and let that come out of the PUD process.
COMMISSIONER MURRAY: It can stay in.
COMMISSIONER CARON: I think it can stay.
CHAIRMAN STRAIN: Pardon me?
COMMISSIONER CARON: I don't think -- it's not a big deal either way. I think it can stay in
there.
COMMISSIONER VIGLIOTTI: But they'll have more flexibility if we leave it.
CHAIRMAN STRAIN: Well, I'm not -- I'm just trying to un-clutter documents, but it's up to the
commission ifthere's a concern with it.
COMMISSIONER MURRAY: I don't have concern.
COMMISSIONER CARON: I don't either.
CHAIRMAN STRAIN: Whatever, David, then your department feels is best, why don't you
proceed with that one then. I think it's a -- it's a neutral point with the commission.
MR. WEEKS: One point. You mentioned setback standards. Did you also want to raise the
height? There's a height standard as well.
CHAIRMAN STRAIN: Well, I mean. honestly, we take out one standard, we should look at--
where's the height standard, David? I must have --
COMMISSIONER CARON: It is on page 25 in triple "I". It has both--
CHAIRMAN STRAIN: Oh, it's just on the--
COMMISSIONER CARON: -- a setback and a height.
CHAIRMAN STRAIN: Yeal1, that's -- I made a note but I didn't ask the question. Why here and
not in previous? Why not hold for PUD? What do you all feci about it?
COMMISSIONER VIGLIOTTI: I don't think we need it.
CHAIRMAN STRAIN: It gets into -- we may decide that there are reasons that we want to change
that for some reason. I don't know what they would be, but I know that we've discovered in the past if we
have it in the GMP, it's very hard to correct it. Even ifit's for the better, it's very hard to correct it. So my
only concern was that.
COMMISSIONER VIGLIOTTI: I would say take it out.
CHAIRMAN STRAIN: David, I'd leave that up to the discretion of your staff then. If this board
isn't uniform on it, we'll just kind of let it -- see what you guys think is best to do and we'll take your
recommendation, I would assume, unless someone objects to it.
Then the last item is that the stipulation that the Planning Commission previously provided about
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addressing the intersection conceptual plans or design plans, however they were worded, tl1at's to be done
so that Nick can at least tell us he's satisfied with what he's seeing prior to this final vote and -- go al1ead.
COMMISSIONER MURRAY: Satisfied--
CHAIRMAN STRAIN: Pardon me?
COMMISSIONER MURRAY: Satisfied with the conceptual plans?
CHAIRMAN STRAIN: With -- that the stipulation that we had provided to the BCC, that they
accepted, that they've met the intent of that to the extent Nick needs it done for his understanding of things.
And with -- those are six items. Richard, is there something that we've missed?
MR. YOV ANOVICH: Well, Mr. Strain, if[ can, during the public comment, a statement was
raised regarding the methodology for the tratlic study, and it was -- it was -- the methodology that we used
resulted in the numbers that you see in front of your -- in the Compo Plan. And I've always objected to the
numbers being in here, but I've understood. StafTwas saying, well, it was based on that study.
If you reduce the pass-by, peak hour trips actually go up, which would make sense because there's
less internal capture. What I'd like to see is, if the peak hour trips go up, that we are somehow allowed, as
long as the improvements are there to support that increase in the peak hour trips, to have that number also
go up because there's a further refinement to the study later on in the process.
You know, this was -- you know, at the Compo Plan you're supposed to be much more general, you
get much more specific at the PUD, and you get even more specific at the SDP, and that's why I originally
said, why are we putting these numbers in here in the first place, and they said, well, that's the study you
did, and they accepted that study.
If they change the acceptance of that study by saying you can no longer use that 50 percent number,
we're only going to let you use that 25 percent number, I've agreed to a number that I really -- you know, I
was okay when we accepted the methodology ofthe study, if you understand what I'm saying. If you start
changing the study, now I've got a number in here that-- ifI'm making the improvements to support the
traffic, I shouldn't be limited by the change in the study, and that came up through the public comment, and
I wanted to address that.
CHAIRMAN STRAIN: Ms. Caron has a comment.
COMMISSIONER CARON: Yeal1. I just think that leaves the entire thing wide open, and I'm not
sure that that -- I don't think that was the intent at all --
MR. YOV ANOVICH: Well, I'm not sure --
COMMISSIONER CARON: -- to give us some sort of--
MR. YOV ANOVICH: I'm not trying to leave it wide open, but there were certain assumptions in
arriving at that number.
COMMISSIONER CARON: I think that Mr. Casalanguida wants to make a comment.
MR. CASALANGUIDA: He raises a good point, Commissioner. We get into this Compo Plan
review and we -- we're talking about access management and exact trips, and then if we reduce the pass-by
and those trips go up and that conflicts with what we have, it puts us in a tough spot even going forward.
To say -- and, you know, again, trying to craft language on the fly that's acceptable to you and the
applicant's not ever an easy thing. But to say that the project would accommodate its project traffic through
the intersection design and any additional background failures is part of that design -- but trying to say,
okay, we're going to go with X trips but we want you to reduce the pass-by and then not allow those trips to
go up, that -- you get into a whole -- locking everybody up into something that's -- it's hard to do at Compo
Plan stage.
COMMISSIONER CARON: But Nick, we know that whatever happens at that comer is a fix. It's
not a solution. So to leave it open ended, we're already going from what is allowed today on these two
sites, which is essentially three units an acre or 39 trips in the peak hour to 395 trips in the p.m. peak hour. I
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mean, not linliting it in some way to help the rest of Orange Blossom, I think, is -- I think that's crazy.
MR. CASALANGUlDA: It's not that you're not limiting it. I mean, we're going to review that
comparison of trip analysis no matter what they do to an overall. I mean, this is what they said, it's 40,000
square feet, or whatever the number is, and they can make adjustments within a certain amount of number.
But if you start saying, I want you to cut back the pass-by, what I'm hearing, and then lock them to that
original number, that does throw that ofT.
COMMISSIONER CARON: I didn't say I wanted you to cut back the pass --I'm just asking you
how you got there.
MR. YOV ANOVICH: But--
COMMISSIONER CARON: And if you normally do that, why did you let them submit it with 50
percent to begin with?
MR. CASALANGUIDA: Remember our old guidelines, we went through a TIS review. As these
things go through, they -- we cap them unless it can be shown -- and as Mr. Kant pointed out, a certain bank
will get a lot of pass-by and a certain bank won't. And you're not going to even know of that even past
SDP. They just say bank.
So we try to be conservative, but then the opposite of that is, you know, we're going to get a traffic
analysis, a Bank of America which has a higher pass-by also has a higher draw.
COMMISSIONER CARON: That's right.
MR. CASALANGUlDA: So you get into that kind ofreview. I would leave it the way it is. If they
can live with it, I can live with it. 'That way we'll have a number that we've already kind oflooked at and
we're going to scrutinize tl1at intersection based on that without making that reduction.
CHAIRMAN STRAIN: Would it be reasonable to anticipate a change in capture or pass-by rate
based on what is actually built there?
MR. CASALANGUIDA: How do I go back? I mean, what do you --
CHAIRMAN STRAIN: No, no. We got a cap on the number of trips.
MR. CASALANGUIDA: Right.
CHAIRMAN STRAIN: How you get there could be affected by what's built on the property.
MR. CASALANGUlDA: Right.
CHAIRMAN STRAIN: Which may affect then the capture of pass-by rate.
MR. CASALANGUlDA: That's correct.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: But the cap came from a study.
CHAIRMAN STRAIN: Right.
MR. YOV ANOVICH: Normally you don't -- this is the only Compo Plan amendment that I've seen
that actually has the cap in the Compo Plan. We usually deal with that at the PUD, and frequently we've
had, okay, Mr. Y ovanovich, here's your study. Your study says you're going to have X peak hour trips.
We're going to make you live with that through the PUD process, but at the PUD process we're usually
much more further along in the process, more detailed.
Now we're putting it in the Compo Plan. At the PUD stage, we will have worked out the
methodology and they would have said, you can have X pass-by is okay, and that will tell you what your
trips are and we know what our impacts are going to be at the zoning level.
We're being asked to do that now at the Compo Plan level, and we have certain assumptions, and
that's where those numbers come from. If you change those assumptions, that number changes, and we
could -- we might be able to deal with that through -- through the developer contribution agreement that
will come at the zoning.
I don't -- if we're going to leave these numbers in here, okay, but we've got to -- we've got to say
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we're okay with that methodology and that methodology will be utilized throughout the process. We can't
then change the methodology because that requires a Compo Plan change if it leads to one more peak hour
trip.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: But it's my understanding that this is -- the way we got here was
based on your square footage, that it's an equivalency situation here.
MR. YOV ANOVICH: It's uses within that square footage.
COMMISSIONER CARON: Right, but you have multiple uses, so you can shift uses. So if you
have a bank that's going to have fewer -- less pass-by, then you can shift some of your other uses to
compensate for that.
MR. YOV ANOVICH: I will be reducing. Our study was based upon --
COMMISSIONER CARON: As long as you don't exceed --
MR. YOV ANOVICH: Hang on; I understand. On so many square feet of office --
COMMISSIONER CARON: Or your--
MR. YOV ANOVICH: -- 4,000 square feet--
COMMISSIONER CARON: -- or total trips.
MR. YOV ANOVICH: -- of banks, and that's -- with an assumption that the bank had a pass-by
capture of 50, and that was the number, and we're comfortable with that. But if you change that pass-by
number on the bank so it goes down to 25 --I don't know if it's a -- if it's a 50 percent reduction, but let's
just say, that would now mean I only get 2,000 square feet of a bank, or if I want to do the 2,000 square leet
-- same, do the same 4,000 square leet, I've got to reduce the office.
But that was -- that was not the basis for these numbers in the first place. What I'm suggesting is,
why do we need the numbers in here at all? Let's just deal with it at zoning like we've historically done it?
This really shouldn't be a Compo Plan level decision if we're going to change the methodology later on.
That's all I'm suggesting.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Nick, do you have a problem with this? Because we're going to
-- it's going to come back before us, we're going to get at least one more bite at the apple, and we could
resolve it then. Are you okay with this for now?
MR. CASALANGUlDA: You know, I am in agreement with Mr. Y ovanovich to the extent that,
we get into this type of analysis at Compo Planning until it's refined a little more. It's so hard to deal with
this later that -- you know, we reviewed the traffic study, we're comfortable that we can come up with an
improvement that will satisfy their trips and -- adjacent, background traffIc, at least to the extent that we're
going to get a better condition in the after condition, that to try and put a number on it at Compo Planning
and specifically tie it down is hard for us to deal with later if you change it by a little bit.
You're going to get -- we will get another shot as staff to review it at PUD. We'll have a design
that's planned. And you know what -- what kind of safety factor is, is once we do that unified plan with the
tratlic analysis, we're going to sign a trip count from that project before it even gets to PUD, so you'll be
able to look at that and say, this project, based on the analysis we've done, generates X amount of trips.
And at that point in time, you're going to have a -- maybe you will have refined it even further
because we're going to have an analysis that really takes in everything to account.
But I'm putting -- I'm getting a little al1ead of myself at Compo Plan review if I'm not just doing
more ofa general review of the project and a general review oftraflic analysis.
CHAIRMAN STRAIN: Regardless, this project has a cap on its transportation impacts on the road.
We're not changing that cap. I understand you got a problem how to get there. That detail will be worked
out when we get into the PUD --
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MR. CASALANGUIDA: Yes, sir.
CHAIRMAN STRAIN: -- and SDP's and concurrency issues at that tinle, and the intersection
improvements will dictate how far you can go. I'm not sure why we're having this argument.
COMMISSIONER WOLFLEY: I'm not either.
CHAIRMAN STRAIN: Mr. Weeks?
MR. WEEKS: Well, Commissioners -- ultinlately I think I have a question for Nick. One of the
requirements, specifically policy 5.1 of the transportation element, states as follows: The county
commission shall review all rezone petitions, SRA designation applications, conditional use petitions and
proposed amendments to the Future Land Use Element affecting tl1e overall countywide density or intensity
of permissible development with consideration of their impact on the overall countywide transportation
system and not approve any petition or application that would directly access a deficient roadway, and it
goes on.
Rich is right, this will be the first time that we would adopt this level of detail, and specifically the
traflic equivalency, into the Comprehensive Plan. And our department would not support that if it's not
necessary.
So I'm building up to that question to Nick, is it necessary to have this equivalency established in
order to find this petition consistent with transportation clement, policy 5. J and 5.2?
MR. CASALANGUIDA: I don't need a number to find it consistent. What I need -- what I need is
them to agree that they're going to do an analysis that shows that they'll fund, design -- and design an
improvement that will satisfY their traffic impacts. It goes up 10 percent, down 10 percent, they'll have to
do a better improvement, that as long a'i they agree to do that before -- we talked about it -- before building
permit, it's designed, permitted, and under construction and before they get a CO, it's substantially
complete.
If you get those two safety factors in there, I will review the improvement as compared to their
traffic as we get farther down the line. Because right now they're going to provide a conceptual design of a
project improvement based on these number of trips, and we're going to look at it and comment on that.
And then we'll make those adjustments as we go through that process.
And by the time they get to zoning, we're going to say, okay, based on what they purported in their
traffic analysis based on public involvement and the design that's been approved by the county, we're going
to have an improvement that will satisfY their project, and you'll know what that is and I'll be able to answer
you and say, this is the analysis we've done.
But I'm looking at a general look at 5.1. It's a five-year look-forward. I define a deficiency, and I
think in that policy it says, unless other mitigating circumstances arc approved by the Board of County
Commissioners.
MR. WEEKS: Correct.
COMMISSIONER CARON: Ms. Caron?
MR. CASALANGUIDA: It's like I'm doing so much detail work at this level of the stage, I don't
have all the answers for you other than to say, we have a problem, they agree to fix it, fund it, and not go
forward until it's done.
COMMISSIONER CARON: But Nick, there's only so many improvements that you can even
make at this. You already know what has to be done. This shouldn't be a big secret or surprise.
MR. CASALANGUlDA: No, it's not a secret or a surprise, but when they provide that analysis to
me in that conceptual plan, we'll look at it and say, yeal1, that's a good fix based on -- because they're going
to have to show their product trips when they provide that.
CHAIRMAN STRAIN: But if they don't fix it--
COMMISSIONER CARON: Right.
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CHAIRMAN STRAIN: -- they can't get approved, though, right?
MR. CASALANGUIDA: They can't get approved.
CHAIRMAN STRAIN: Okay. So if they come in with an analysis on the intersection that doesn't
give them 171 trips or 302 trips, regardless of how they get there, they're not going to get approved?
MR. CASALANGUIDA: Correct.
MR. YOV ANOVICH: But it comes in --
CHAIRMAN STRAIN: That may fix -- that may help understand this because it -- therefore,
section 5 of parcel 1 and 2, and that is D5, shouldn't be in the GMP because it doesn't matter. You're not
going to get anything unless your fix warrants it, and if your fix doesn't warrant it, it doesn't matter what it
is, you're not going to get it.
MR. CASALANGUIDA: Correct.
CHAIRMAN STRAIN: So why should we give you something that you may still not attain by the
fix that you may not be able to get to? So we'd be better off probably for the benefit of everybody, just not
to even have paragraph 5 in there and deal with that at the PUD SDP level as we always have for
concurrency.
MR. CASALANGUIDA: Yes.
COMMISSIONER WOLFLEY: Yes.
CHAIRMAN STRAIN: I think that might be the solution that would work.
Ms. Caron, did you have any further comments?
COMMISSIONER CARON: Well, you know, I, quite frankly, still question whether they actually
do meet 5.1, the intent of 5.1.
MR. CASALANGUIDA: Well, again, 5.1 says, if you define a deficiency, they shouldn't go
forward, and then they put that, unless they provide a specific mitigation that's approved by the board.
Obviously the Planning Commission would want to make a recommendation on that as well, too.
CHAIRMAN STRAIN: But see, when they come in with their PUD, wouldn't they have to then
define whether or not there's a deficiency and the solution, and if they didn't have a solution, they wouldn't
get approved?
MR. CASALANGUIDA: Yes, absolutely.
COMMISSIONER CARON: Well--
CHAIRMAN STRAIN: So I think they're protected at that level is what I'm trying to show.
Okay. Well, then to wrap up with staff, there were two things we hadn't finished -- well, one just
got added. There was one thing I hadn't finished with, and that is, this board, and I mean all members,
including those that are absent today, will be provided that justification for the 2.0 requirement of
commercial that's in that -- I've asked of Russ Weyer.
And that last one would now be, delete item D.V on parcels one and two, and -- as it will be subject
to regular concurrency requirements and PUD review.
Is staff clear on all this, or is there some areas that you're not clear?
MR. SCHMIDT: I'm a little unclear about your last comments. Ifwe were to remove those
intensity measurements where we're referring to a total traffic count, and in one case the 171 number, the
other the 203, that's doing two things for us inside the sub-district language. It's identified a maximum to
bracket where they're going to be working for the specifics later when they do the PUD, and it's talking
about the mixture of uses on the property. And if you remove those paragraphs entirely, now I lose the
control over the mixture of uses on the property.
CHAIRMAN STRAIN: How do you -- well, Mr. Weeks is the one that just said we don't normally
put this in here. If you two are in conflict on this issue, I'd like to know who's going to dominate the day
because I don't have a problem with leaving it in or taking it out. I'm just trying to do the right thing.
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MR. SCHMIDT: I would say this, that there's no conflict. I don't disagree that we don't normally
do this. As unusual as this may seem, it's appropriate here.
CHAIRMAN STRAIN: Well, if you leave it in, then the debate about the way it's enumerated in
the TRI, and the transportation consultant's traffic impact statement comes into play, and that now brings in
policies and procedure that aren't normally done at this level and may not be known thoroughly at this level.
So if that's true, why did Compo Plan put it in here in the first place if it's so problematic now?
MR. WEEKS: I'd like to defer this -- let the Planning Commission make whatever recommendation
you will, or if it's neutral, as well as with the development standard, let staff, myself, Corby, Nick, whoever
else needs to be involved, discuss this further and come back with a consensus recommendation to you.
CHAIRMAN STRAIN: I think the Planning Commission wants to do what's right in regards to the
plarming -- the Comprehensive Plan and something that's equitable to a point where we're protected.
We look to you guys for thaI. One of you is telling us to leave it in, the other's telling us to leave it
out. Nick's trying to get the best thing he can for his road system, so some body's got to come back to us
with a plan.
Mr. Y ovanovich?
MR. YOV ANOVICH: Just briefly in response. The Compo Plan language specifically says what
my uses can be on the property, so there's no -- there's no loss of regulatory ability on the uses. The -- the
wild card that was thrown into this is when someone was saying they disagreed with the methodology to
arrive at that number, and when that got thrown in there, we said, let's just deal -- I'm saying, let's deal with
that when we customarily do that, which is at the PUD.
CHAIRMAN STRAIN: Okay. But the problem we have is, to take out or leave in that paragraph.
Ifwe leave it in, then you don't deal with it at the pun because your methodology's already acknowledged
by the fact that it's left in.
MR. YOV ANOVICH: I hope so.
MR. CASALANGUIDA: If the uses are defined, I do not recommend having a trip count in a
Compo Plan amendmcnl. What we do is tell you up front, we've got a problem, folks, when we do a Compo
Plan review.
We recommend a fix, that they don't get to go forward until a fix is done and you get to move
through the process to the next stage. Having the numbers in there -- and if we start doing that through all
Compo Plan amendments, we're going to get ourselves in a situation. It's not appropriate to have a trip count
in a Compo Plan approval.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRA Y: Nick, would any fix to the intersection be associated with the type
of bank that might be there?
MR. CASALANGUIDA: No, sir.
COMMISSIONER MURRAY: Right.
MR. CASALANGUIDA: Right.
COMMISSIONER MURRAY: Right. That's--
MR. CASALANGUIDA: And Michael Green in our otfJce said, you guys, I'm getting a secondary
analysis coming in because things were changing as it was coming through. He goes, you're telling me it's a
different use. He goes, I don't -- we've looked at it this way. We don't want you to go above that number.
And I said to Michael, that's fair because we were trying to go through the whole process of reviewing this
project.
But the idea is, you get a bunch of uses and you try and do worst-case scenario. And what our job
is, when you do this kind of review in 5.1 is to say, if you get varying type of uses, we look at what would
be considered worst case. If you try and put in worst case, you've got a problem.
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So then you say to us, well, how can they fix it? Well, they fix the intersection. They do a design
permitting of that project. And then you -- I would expect you to say that before you get to move forward,
you come up with a fix for the intersection, we get to review that fix or what it's going to be, stall'does, and
makes the recommendation that it's satisfactory, because they're not going to get to the next stage until
we've done that more detailed analysis.
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLA TZKOW: Yeal1. I want to talk general rather than this specific item. On a general-- as a
general statement, when you're going through these Compo Plan amendments, if you don't think that the
road system's going to be able to handle this, the time to deal with this is at the Compo Plan, not at the PUD
level, because once you change the Compo Plan, you've given them vested rights, and sooner or later they're
going to develop there whether or not the road capacity's there.
All right. So before we start mucking around with the long-term growth management we have here,
you know, be comfortable in yourself, okay, that the road system can handle it.
CHAIRMAN STRAIN: Okay. And I think the suggestion by David Weeks was to let the staff
members and transportation get together and come back with something? David, now what's your --
MR. WEEKS: Staff consensus is remove it. I'll just make one comment additionally. This petition
was subject to an objection regarding transportation, and that's been responded to.
I think we're covered. I think we're adequately addressing the objection, and the staff consensus of
this department and Nick's is to remove the language regarding the trip generation equivalency.
CHAIRMAN STRAIN: Okay. I'm now concerned about the county attorney's concern over the
vesting issue on the road system without a lix. Now I always saw this Compo Plan amendment as part and
parcel to a fix because of the other paragraphs we have that reference a DCA having to be put together,
improvements having to be done for the intersection, and stipulations that building permits and COs can't
move forward until those things are accomplished.
And I don't know -- if those aren't enough to protect the public, then I need to know what is. And if
what is is simply we now address transportation issues and design details of intersections and road systems
at compo level, I just want to know that.
Mr. Klatzkow?
MR. KLATZKOW: What I'm saying is that we only have so many roads we're going to put into
this county, all right, and there's only so many intersection improvements you can do, so that there's going
to come a point in time at a particular project -- and I'm not saying that this is the one, okay -- where they're
not going to be able to do anything that's going to achieve concurrency.
So that before you even amend the Compo Plan, you need to decide whether or not at that point in
time our road system can handle it. There may be nothing that can be done, in which case, to simply say,
well, we'll worry about it later; no, you've given them vested rights now. And sooner or later, they will
develop.
CHAIRMAN STRAIN: Well, I think part of the stipulation that went forward on transmittal that
was not responded to was the analysis of that intersection to the satisfaction of transportation.
If we could get that accomplished as we've -- as stipulated by the next meeting -- and Nick has --
can review those documents and agree that the fixes will generate the level of capacity needed to improve
that intersection so this project could move forward under the worst-case scenario, then we're in good
shape, and I think that meets the intent of what you're trying to say.
Ms. Caron?
COMMISSIONER CARON: And that's why we are not voting on it today. We are waiting until
the next time around.
CHAIRMAN STRAIN: Right. So I don't know, Nick, how intense you think this concept plan's
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1 6 , 1 ~ AUgUSb,2008
going to get, but you better get it clear enough so that we don't have this discussion again. So I really hope
that you and the applicant work together to get something as concise as you possibly can.
MR. YOV ANOVICH: And just one other comment. I believe that all the conditions that are in tl1e
Compo Plan language themselves regarding, we've got to fix our problem or we don't get to go forward, I
would think would provide adequate coverage for the county to say, you know what, Mr. Yovanovich, you
didn't do it. So you had the condition before you got to go forward that you fix your problem.
And let's not forget we were not asking for any exceptions from the other provisions within the
Comprehensive Plan that address all these issues.
CHAIRMAN STRAIN: Okay. And I think--
MR. YOV ANOVICH: Okay. So I think you're adequately covered by those stipulations.
CHAIRMAN STRAIN: Well, I think we're going to see this come back, and -- so this matter,
you've gotten the consensus from the board, staff has direction on where to go, and we'll expect this one to
come back whenever those answers are ready to be rercviewed by this panel.
And is that suffIcient at this time for this hearing.?
MR. WEEKS: We're going to need a specific date of continuance, and I wanted to ask Nick and the
applicant both if -- if we could continue this to September the 18th, that would definitely be our
department's recommendation to allow us to stay on schedule for the county commission hearing on the
25th. And understanding you -- this body needs to get the information, the consent agenda materials and
whatnot about a week -- no less than a week before your 18th hearing.
CHAIRMAN STRAIN: Well, don't rein us in because ofa schedule with the BCC. If this doesn't
get done, it doesn't get done. We can't -- these things aren't going to be rushed for schedules that are -- don't
have to be met.
So at this point I want to make sure that, unlike we apparently have had here, everything is read
thoroughly, analyzed, and all the requirements are in place, that Mr. Casalanguida's office has reviewed it,
everybody else that needs to review it has, and they've not come to us at the eleventh hour and said, gee, we
just got this yesterday.
So if you think the 18th works for that scenario, then that's -- I mean, that's fine. But I want to make
sure it is, David.
MR. WEEKS: That's also the latest we can continue without rc-advertising. So our request would
be, continue it to the 18th and we'll do everything we can to make sure that we're ready for that hearing.
CHAIRMAN STRAIN: Is that acceptable to the panel?
COMMISSIONER MURRAY: Yes, it is to me.
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Okay. Well, as soon as Mr. Vigliotti -- al1, there he is.
COMMISSIONER VIGLIOTTI: It is acceptable.
CHAIRMAN STRAIN: Well, we need to get a motion to continue petition CP-2006-7--
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: -- and CP-2006-8 to the September 18th meeting, and it will be first up on
the agenda, and that will be -- that was motioned by Mr. Murray?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Seconded by --
COMMISSIONER WOLFLEY: (Raises hand.)
CHAIRMAN STRAIN: -- Mr. Wolfley.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
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16 11 A~st2b08
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Motion carries.
Okay. Terri, are we doing okay with you? We're probably going to take a break in about 45
minutes. Are you going to be okay with that or do you want one now?
THE COURT REPORTER: I'm okay.
CHAIRMAN STRAIN: In 45 minutes we'll take a one-hour lunch break. Between now and then,
we have two items to try to get done before we go into the school system. I'm not sure how long they'll
take, so we'll just kind of go through it.
Item #4 D
PETITION: CPSP-2006-12
The next one on the agenda is CP-200 -- CPSP-2006-12. It's a staff petition for the Future Land Use
Element, and Mr. Green -- concerning the Margood Park in Goodland. Mr. Greenwood?
Whoever's handling it. Oh, Murdo, hi.
MR. SMITH: Iii, how are you?
CHAIRMAN STRAIN: Good.
MR. SMITH: Hope you all made it through the storm okay.
CHAIRMAN STRAIN: No.
MR. SMITH: Uh-oh. Had a little flooding?
CHAIRMAN STRAIN: Well, let's say, eight days of standing water and billions of mosquitoes.
was up half the night swatting mosquitoes, so it's just not fun out in Golden Gate Estates right now.
COMMISSIONER CARON: So be prepared; he's crabby.
CHAIRMAN STRAIN: Oh. I'mjust bit up.
MS. SMITH: Good morning. For the record my name's Murdo Smith. I'm with the Collier County
Parks and Recreation Department. I also have Barry Williams, the director, with me here, and Vicky
Ahmad, who's the project manager, in case I have some questions that I can't answer.
We're here this moming to discuss the Growth Management Plan amendment for the Margood park
site. This site is approximately 2.5 acres ofland and it abuts Pear Tree and Papaya Street in Goodland. I've
put an aerial up there for you to see it again.
The county acquired this land in 2005 with funding assistance from the Department of Community
Affairs and the Florida Trust Acl. The parks and recreation department is requesting a change of the Future
Land Use Map designation of the property from urban designation, urban mixed-use district, urban coastal
rringe sub-district, to conservation designation, and to update the Future Land Use Map series. This is a
specific condition to the grant that we received rrom the state to pursue this designation.
The development of the site will include improvements including playgrounds, interpretive centers,
picnic areas, fishing and viewing pier and docks, building improvements, and parking. There's no need to
do a Growth Management Plan amendment. This amendment is initiated by the state grant petitions.
At the last meeting the commission asked us to answer several questions. Staff has forwarded that
-- those questions and answers on to the planning staff and they distributed them as necessary. I'll put those
on the monitor for you.
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16 11AugA 29,98
CHAIRMAN STRAIN: You have to use the speaker, sir. When you walk away from it, grab that
walk-around one, if you could.
MR. SMITH: All right. Those are the questions that were asked of us. I can go through them.
CHAIRMAN STRAIN: They were in our packet --
MR. SMITH: Oh, okay.
CHAIRMAN STRAIN: -- so we've all read them.
MR. SMITH: All right. Is there any questions regarding those questions from the board?
CHAIRMAN STRAIN: I want to thank you for responding to them all.
MR. SMITH: Okay.
CHAIRMAN STRAIN: I mean, those were from the transmittal and they were important questions,
so thank you for your response.
MR. SMITH: Okay. That's aliI have unless you have any other further questions.
CHAIRMAN STRAIN: Anybody have any questions left on this particular petition?
(No response.)
CHAIRMAN STRAIN: Okay. Is there any -- is there comments -- any comments from staff? I
mean -- I guess you're statT, too, aren't you?
MR. SMITH: Yeal1.
CHAIRMAN STRAIN: Well, does comprehensive staff have a presentation?
(No response.)
CHAIRMAN STRAIN: Murdo, that's fine. Thank you. This is going be real simple, it looks like.
MR. GREEN: For the record, Tom Greenwood, comprehensive planning. Unlike the last two
petitions -- in lact, almost all of them that you get, the result of the approval of this Future Land Use Map
amendment and Future Land Use Element amendment will simply reduce the amount of permissible uses
on the property as opposed to expanding the uses, and there's been no really opposition to this change
whatsoever. There's been two NIM meetings out at Goodland, and that's the extent of my comments.
Thank you very much.
CHAIRMAN STRAIN: Okay. Any questions of county staff?
(No response.)
CHAIRMAN STRAIN: Any public speakers on this issue?
(No response.)
CHAIRMAN STRAIN: No. Okay. Is there a motion to recommend approval as provided by staff
COMMISSIONER MURRA Y: So moved.
CHAIRMAN STRAIN: -- in CPSP-2006-12? Motion made by Mr. Murray --
COMMISSIONER WOLFLEY: (Raises hand.)
CHAIRMAN STRAIN: -- seconded by Mr. Wolfley.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signity by saying aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
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CHAIRMAN STRAIN: Motion carries. We're moving fast.
Item #4 E
PETITION: CPSP-2006-13
CPSP-2006-13 is a comprehensive pI arming department petition, future land use map changes --
MR. SMITH: Thank you.
CHAIRMAN STRAIN: Thank you, sir -- Golden Gate Area Master Plan, and the land use
recreation open space element, economic element as well.
David, I guess that's staffs for presentation?
MR. WEEKS: Yes, sir. Just a few things to point out about this petition since transmittal. As you'll
note on page 5 of your first stafl report, the one that docs pertain to this petition in part, on page 5 you'll
note that the county commission's action at transmittal hearing was a little bit difIercnt than this body's on a
few of the items. The first has to do with the extension of the early entry TDR, transfer of development
rights, bonus that's provided for in the rural fringe mixed-use district.
This body had recommended a period of two years, and the county commission had some
discussion about five years and two years, and they did a split-the-ditlerence and went with three-and-a-half
years.
Secondly, on the issue of how to treat model homes in Golden Gate Estates. County commission
chose to completely remove the limitations for the model homes in Golden Gate Estates. The result is those
model homes will be treated the same as anywhere else in the unincorporated part of the county, and that is,
the Land Development Code will allow a model home by temporary use for a maximum period of~ I believe
it's two years, and then -- it's either two or three, I forget. But after that time period, it's subject to
conditional use approval. And, of course, the board has the discretion, when they hear such a conditional
use petition, of course, to deny it or to approve it with any time restrictions they might deem appropriate.
The third change is not -- is in addition to this amendment. There is a provision in the Golden Gate
Master Plan for Golden Gate Estates along Golden Gate Parkway, which runs rrom Santa Barbara
Boulevard over to Livingston Boulevard. And the provisions in the Golden Gate Master Plan prohibit any
more conditional uses in that area with one exception. There's an existing church site that's identified and
there's an acreage figure in there of 8.21 acres.
Staff has become aware through a proposal to expand that conditional use that that acreage figure is
incorrect, and the genesis of that incorrect acreage figure is staff.
Way back when an amendment occurred, a few years ago, I think around 2003 or '4, staff gave an
incorrect figure to both hearing bodies, and ultinlately the board adopted that.
So the recommendation is to revise that acreage figure to accurately reflect the church's ownership,
which is the same now as it was back at the time ofilic amendment. So we're not granting them any
additional right beyond what they previously should have had had stall given them the correct acreage.
Some related amendments to that section -- and this is all depicted on page 6 of your staff report --
is some cleanup language. We have not changed the intent or the effect of the language, but we have
restructured it for clarity and for proper reference.
So rrom a staff perspective, this is a housecleaning change, but it may not appear to be so minor.
CHAIRMAN STRAIN: I don't -- I have a question on -- if you don't mind me leading. Go al1ead--
COMMISSIONER WOLFLEY: No, go ahead.
CHAIRMAN STRAIN: Ijust want to get it out before I forget it. It took me a while to find it in
this massive book.
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COMMISSIONER MURRAY: If I leave now --
CHAIRMAN STRAIN: Well, there's so much paper thrown at us at different times here, and we've
changed it around.
David, the model home one.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: I'm concerned about that because you said basically they're going to
remove any restrictions in the Estates for model homes, and it falls back on whatever the LDC is for tl1e
whole county.
Okay. The problem is, what did you -- what do you think that means? Now, the reason I'm asking
you this is, you know we have a section in the code, 5.04.04, that pertains to model homes and model sales
centers. It has sections A, B, and C in it.
In section A it reads -- and it has language that basically says, a temporary nature may be allowed in
the following zoning districts, and it says in the PUDs, Estates zoning and ago zoning.
Then B says, model homes and model sales centers located within residential zoning districts or
within a residential component of a PUD shall be restricted to the promotion of a product or products
permitted within the residential zoning district or PUD, and it goes on with three pages of restrictions.
Now, in every case that I've seen in the code, the Estates is not listed as a residential district. It's
always, you list all your residentials then you say the Estates because it's considered part ago
The way I would read the code is, there's no restrictions in Golden Gate Estates because it's not
referenced in 5.04 B or C, whereas the rest of the county would come under that criteria.
Can you explain that to me?
MR. WEEKS: I would agree with your reading that the Estates is considered an agricultural zoning
district, and though this really is the purview of zoning stafT, from my experience, I would agree with what
you're saying, that being a -- the Estates being an agricultural zoning district, not classified as residential,
then those provisions that you refer to that speaks to residential would not be applicable.
But I would also say that tl1e board docs have the discretion in approving a conditional use to
impose reasonable limitations based upon valid concerns that they might have, lor example, for
compatibility, for infrastructure impacts, things of that nature.
So that if they -- if they thought it appropriate to limit the conditional use for model home to some
specified time period as opposed to open ended, that they have the authority to do so.
CHAIRMAN STRAIN: But if you eliminate the model home conditions for the Estates--
MR. KLATZKOW: It's just along Collier Boulevard, the corridor, I believe.
CHAIRMAN STRAIN: 1-- didn't they open it up to the whole Estates?
MR. KLA TZKOW: I'm looking at the package, and my recollection from the board meeting, we're
just talking about the Collier Boulevard corridor.
COMMISSIONER WOLFLEY: Page number?
COMMISSIONER CARON: That we were.
CHAIRMAN STRAIN: I thought that's what we stipulated. I thought they opened it up -- they're
just going to take the whole thing out.
MR. KLA TZKOW: That's my recollection of what we're doing here.
MR. WEEKS: That's correct. The board's action was to completcly remove any limitation on
model homes in Golden Gate Estates.
CHAIRMAN STRAIN: Right, okay. And what that means is, it's going to be allowed everywhere,
but the only provisions in the LDC that would apply are A, which says, they may be allowed in the
following zoning districts by issuance of a temporary use permit and they may not be located within a
dwelling unit or a temporary structure such as a trailer. And they -- if it's -- so they shall not require a
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temporary use permit.
David, how do we get to the conditional use? How do we get to anything else? There's nothing else
here that would trigger -- basically everybody can put a model home up anywhere with no restrictions based
on the LDC. You're saying it requires a conditional use.
MR. WEEKS: I think I've missed something then. Is it subsection B -- I'm sorry. I don't have the
LDC -- that that --
CHAIRMAN STRAIN: I'm going to give it to you.
MR. WEEKS: Okay. I'll put it on the visualizer.
CHAIRMAN STRAIN: Four pages to put on the visualizer. The only part of that whole thing that
I can find that applies to this provision, if written as the BCC suggested, would be A, because the rest don't
refer to the Estates.
COMMISSIONER MURRA Y: Gaping loopholes.
CHAIRMAN STRAIN: Well, it would have been.
COMMISSIONER MURRAY: It might still be. Hopefully not.
COMMISSIONER WOLFLEY: That's blacked out. Didn't like that.
Chair?
CHAIRMAN STRAIN: Yes. Yes, sir, Mr. Wolfley.
COMMISSIONER WOLFLEY: On page 17, while he's -- while David's going through this, I noted
some --
CHAIRMAN STRAIN: I got about six page 17 s.
COMMISSIONER WOLFLEY: Oh, I know, I know. It would be --
COMMISSIONER VIGLIOTTI: Good one.
COMMISSIONER WOLFLEY: Wen, obviously the staff report.
CHAIRMAN STRAIN: Well, of what tab, David? It's got to be behind a tab.
COMMISSIONER WOLFLEY: Well, they kind of messed my booklet up. But it is, you know, 13.
I only have one tab here for this issue.
CHAIRMAN STRAIN: Okay. Well, then there's -- the issue's discussed in the beginning of the
three-ring binder where we talk about the ORC and the ORC responses and staff's responses.
COMMISSIONER CARON: The end?
CHAIRMAN STRAIN: And then the end is another tab, and that has a page 17 in it.
COMMISSIONER WOLFLEY: Okay. The latter is what I'm referring to.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: It's at the end.
CHAIRMAN STRAIN: The very last 17 in the whole book.
COMMISSIONER WOLFLEY: The very last l7 in the whole book.
CHAIRMAN STRAIN: Gotcha.
COMMISSIONER WOLFLEY: And obviously it's EI on page 17. And it says, oh, I don't know.
It's about eight Jines down, starting -- the sentence starting, no subsequent issuance of the conditional use
permit shan be for a duration exceeding two years, and then my issue is, except that no time limit applies to
property abutting Collier Boulevard. That is what you're talking about.
CHAIRMAN STRAIN: We're talking about--
COMMISSIONER WOLFLEY: Well, I'm sorry, I'm sorry. Mr. Klatzkow is talking about.
CHAIRMAN STRAIN: Well, here -- yes, but that is the old -- that's the language that was
originally transmitted to the BCC.
COMMISSIONER WOLFLEY: Okay. J was under the assumption --
CHAIRMAN STRAIN: They rejected that--
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COMMISSIONER WOLFLEY: Good, good, okay.
CHAIRMAN STRAIN: -- and said, why don't we just open up the Estates to the -- whatever the
code says in regards to allowing model homes.
COMMISSIONER WOLFLEY: Okay.
CHAIRMAN STRAIN: I don't think they understood that the way the code's written, it doesn't
apply to the Estates. So if they open it up to what the code says but the code, for the most part, out offour
pages, only two sentences apply to the Estates, we may not be protected, and that's the issue that I'm trying
to get clarified.
COMMISSIONER WOLFLEY: Okay. Well, then you're dealing with one of my issues.
CHAIRMAN STRAIN: David?
MR. WEEKS: Trying to look through this quickly, and I'm not fmding what I was hoping to find
because what I -- I looked in this LDC language, what I'm not finding is anything that says, mer the three
years you need a conditional use. Now, perhaps that's found at another location of the code.
My recollection is that in the discussion before the board at transmittal hearings, that I help
represented to them that -- as Ijust did to you a moment ago, and perhaps incorrectly, that after the
temporary use permit time period has expired -- and it is three years -- that a conditional use would be
required.
So the board was under the understanding that a conditional use would be required after three years
for these model homes in the Estates.
CHAIRMAN STRAIN: Well, David, I think since this is all one package, I would hate to see us
vote on this one package based on that issue because I'm very dissatisfied with that. I'd rather that you came
back with a more definitive understanding and response to us.
MR. WEEKS: Yes.
CHAIRMAN STRAIN: And if you're right, that sure makes it a lot nicer, but I would also want to
see specifically how the Estates is tied in since those sections I gave you only are applicable to residential
areas, and that would really hurt the Estates if it were to be done as blanket as it seems to be indicated, so.
MR. WEEKS: l'll take this as direction to do two things; one is to -- specifically, is to get to the
bottom of this as to whether or not a conditional use is required or not. What-- how would modcl homes be
treated in the Estates under the zoning code. They have a temporary use permit up to three years, then
what?
Secondly, not as a direction but as a comment to you, it may be necessary as a result of what we
ultimately do with this plan amendment, that we might want to amend that section of the Land
Development Code --
COMMISSIONER MURRAY: Oh, yeal1.
MR. WEEKS: -- so that some of those standards that you've made reference to do apply to the
Estates model home.
CHAIRMAN STRAIN: Right. And I would hope that one doesn't go into effect till the other is
satisfied. So -- and I think -- I don't have any other questions in any other parts. Ms. Caron or anybody else
have any questions?
COMMISSIONER WOLFLEY: Ijust had one.
CHAIRMAN STRAIN: I think we need to continue this one until you can come back on the 18th
with it, with the other one.
COMMISSIONER MURRAY: Agreed.
CHAIRMAN STRAIN: Mr. Woltley, did you have anything else you wanted to ask about?
COMMISSIONER WOLFLEY: Not if it's going to come back. It was just regarding the TDRs and
all. l'll wait. No big deal.
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CHAIRMAN STRAIN: Okay. Go al1ead, sir.
MR. WEEKS: Mr. Chairman,just one more thing Ijust specifically wanted to get onto the record,
and it's in your stafT report, but that there was an objection from DCA on this petition, also to another one,
petition 10 that is not going forward, regarding the timing of various components of the Growth
Management Plan. We have a ClE that is a 1 O-year time period, we have the Future Land Use Map with a
I O-year time period, we have transportation maps that presently go out to 2025, and we were proposing at
transmittal to expand -- extend those maps out to 2030, and there are other different time periods within
GMP.
DCA raised an objection and said, those time periods all need to line up. They need to be
consistent, and staff's response, as I'm sure you noted, is that we don't have tinle to do that right now. That's
too much for us to try to bite ofC
So our way of responding to that objection is not to adopt those portions of this amendment that --
COMMISSIONER MURRAY: And I agree.
MR. WEEKS: -- run afoul of that objection.
CHAIRMAN STRAIN: Okay. So I think at this point, if we can get a motion to continue
CPSP-2006-13 until September 18th second up on the agenda, that would help.
COMMISSIONER WOLFLEY: So moved.
CHAIRMAN STRAIN: Mr. Wolfley, you're making that motion?
COMMISSIONER WOLFLEY: Yes, sir.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER CARON: Second.
COMMISSIONER MURRAY: I'll second.
CHAIRMAN STRAIN: Seconded by Ms. Caron. All those -- discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Now, we're at a crossroads. We have a long discussion on the school process to go through,just
because of the explanation and time it's going to take to get through tl1e detail. We can take a lunch break
early, come back at 12: 15 --
COMMISSIONER WOLFLEY: Yes.
CHAIRMAN STRAIN: -- all refreshed.
COMMISSIONER VIGLIOTTI: I'd rather do that.
COMMISSIONER WOLFLEY: Yeah, I'd rather do that than sit here.
CHAIRMAN STRAIN: And then get into it, rather than break in the middle of it.
Tom, is that -- do you think that's okay with your people?
MR. EASTMAN: That sounds great.
CHAIRMAN STRAIN: Okay. So why don't we come back -- is everybody in agreement that
12:15 --
COMMISSIONER VIGLIOTTI: Yes.
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CHAIRMAN STRAIN: -- is a good round time?
COMMISSIONER WOLFLEY: Yep.
CHAIRMAN STRAIN: Okay. We'll take a break till 12:15 for lunch and come back and finish up.
(A luncheon recess was had.)
MR. COHEN: Mr. Chairman, you have a live mike.
Item #4G
PETITION: CPSP-2007-7
CHAIRMAN STRAIN: Thank you. Welcome back, everyone, from lunch, early lunch at least.
When we left off we had gone through all the agenda items except the very last one, CPSP-2007-7, which is
the public schools facility element for concurrency.
Before we start on the clement, I found out that the school personnel had not had the opportunity to
review the packet that the Planning Commission had received until just recently, well lacking in amount of
time that we've had.
So I want to make sure -- I want to offer them at this time the possible request for a continuance if
they feel they need more time to review it or they'd like to go forward today. Could just someone come to
the mike and acknowledge the process.
MR. HARDY: Alva Hardy for the school district. We're ready to proceed.
CHAIRMAN STRAIN: Great. Thank you.
Okay. Michelle, I guess opening statements are yours.
MS. MOSCA: Yes. Good afternoon, Mr. Chairman, Commissioners. For the record, my name is
Michelle Mosca with the comprehensive planning department.
As previously mentioned in the introductory comments for 2006 Growth Management Plan
amendment cycle, the Department of Community Affairs has issued its Objections, Recommendations and
Comments Report for the school concurrency amendments and the interlocal agreement.
There are seven objections and six comments in the report that staff will discuss with this board as
we go through the changes to the document since the transmittal hearings; however, before we proceed with
addressing those changes, I would like to provide the board and the public with a general overview of the
statutory requirements for the establishment and implementation of the state-mandated school concurrency
program.
CHAIRMAN STRAIN: Michelle?
MS. MOSCA: Yes.
CHAIRMAN STRAIN: I don't know what order you're going to follow the book in or if you are,
but at what point do want us to -- would you rather wait and ask questions when you're finished with your
presentation?
MS. MOSCA: What I'd like to do is just generally again, give the requirements so that the general
public is aware, and I know Mr. W 01 fley was not here during transmittal hearing. So we'll do that first and
then we'll go through the school concurrency documents, the double strikethrough and underline --
CHAIRMAN STRAIN: Okay.
MS. MOSCA: -- element by clement, if that's what you prefer to do.
CHAIRMAN STRAIN: Okay. In your presentation--
MS. MOSCA: Yes.
CHAIRMAN STRAIN: -- please remember we all sat through two days of this in transmittal
except Mr. Wolfley. We can't go back in time, but I don't want to sit through two days of anything right
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now, and Mr. Wolfley had plenty of time to read this, so--
MS. MOSCA: I understand.
CHAIRMAN STRAIN: Okay, thank you.
MS. MOSCA: Just generally, the program requires coordinated planning among the county, cities,
and the school district. It requires adequate school capacity be available at time ofresidential impact and
that the program be adopted by December 1, 2008.
The establishment and implementation of the program requires the adoption of a consistent public
school facilities element by the local goverruncnts, amendments to the local governments, interlocal
agreements, to ensure coordination, and the establishment of a uniform school concurrency system
throughout the district.
Amendments to the Capital Improvement Element are required to adopt by reference the school
district's financially feasible capital improvement plan.
And finally, amendments to the Intergovernmental Coordination Element to include provisions for
continued coordination with the school districl.
Today staff will be requesting that the Planning Commission provide recommendations on the
following documents: The Public School Interlocal Agreement, the Public School Facilities Element and
support document, amendments to the capital improvement plan, Intergovernmental Coordination Element,
and amendments to the Future Land Use Element, Golden Gate Area Master Plan, and Immokalee Area
Master Plan.
The ordinance exhibits included in the binder tor this petition contain the Board of County
Commissioners' transmitted text to the DCA a~ modified by staffto address the objections and comments in
the ORC Report or to otherwise provide for the establishment and implementation of the school
concurrency program.
And that's just my general introduction. And, again, if we could go al1ead and go through the
elements one by one. The school district staff and their consultants are here to answer any questions.
Mr. Chairman, if you would prefer to approach it in a different fashion, that's fine as well.
CHAIRMAN STRAIN: No, I'd like to try to keep this as organized as possible. You gave us all a
book, three-ring binder, rather thin, only about four inches this time.
So I'd like to start with the very first tab, that's called staff report adoption, and just work through
every page that we have questions on from the beginning to the end. And I know that three-fourths of the
book were nothing but the repetitive backup we received last time. Killed a lot of trees to give it to us, but
I'm sure we may not have as many questions with that portion of the book as the front part.
MS. MOSCA: Okay.
CHAIRMAN STRAIN: And with that, the first item is the staff report adoption. It's just a few
pages; pages -- actually seven pages, one through seven. So I'd like to take any questions from the Planning
Commission at this time on those pages.
Okay. If there's no questions, we'll move right into the text of the document. The first one is the
CCP (sic) recommendation transmittal. That is the document we previously sent, which really doesn't have
any part of changing here today. So the second -- the third tab is the ORC response document. That is
probably one of the more significant documents. It was the one in which DCA responded to the transmittal,
and there's a bunch of changes and requests oflanguage and strikethroughs in there.
So if the commission would like to focus on that document, we can move torward with that. And
it's multi pages, so let's just take a couple pages at a time. And I guess the pages I and 2, if anybody has
any questions on that.
Michelle --
MS. MOSCA: Yes.
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CHAIRMAN STRAIN: -- the -- policy 4.2, there's a couple dit1erent dates within the text ofthe
document that talk about when this will be adopted. And it looks like December I st of each year the county
shall adopt by reference its capital improvement plan. And I know the school board finishes their adoption,
I believe, on October 1st.
Is that enough time for the county staff to handle the paperwork going through the boards with the
adoption?
MS. MOSCA: I'm going to defer to Randy.
MR. COHEN: Mr. Chairman, for the record, Randy Cohen, comprehensive planning department.
The answer to that question is no. We recently had a discussion with the Department of
Community Affairs with respect to that December I st deadline date. They recognized that they've got a
problem with that date statewide. I know they have some ongoing discussions with Sarasota County where
they're looking at either a January or February date for inclusion lor that same reason.
I would anticipate that DCA probably will have to come out with some type of schedule to lengthen
that time because of the problem with transmittal and adoption. So everybody recognizes a problem with
the date, but it's statutory.
CHAIRMAN STRAIN: Okay. So whatever change they come up with will be retroactive and all
the plans will then reflect that new date?
MR. COHEN: What would happen is when and if it changes -- I think it's going to be when -- what
we would do is incorporate it into the CIE and the Future Land Use Element at that time.
CHAIRMAN STRAIN: Okay. Will that require a public process to change it, or is it just a--
MR. COHEN: We would do it with our update of our -- annual update of our CIE.
CHAIRMAN STRAIN: Okay. Ms. Caron?
COMMISSIONER CARON: Well, just to that, don't we sometimes put in, no later than December
1st and/or a date established by the state? You know, that would -- then we wouldn't have to be changing
this again.
MS. MOSCA: Currently this is a statutory requirement for that December I date, so it would be up
to the discretion of the state to change that date for the various counties.
COMMISSIONER CARON: But any other--
CHAIRMAN STRAIN: But yeah, what you're trying to say is, if we could automatically do it
self-adjusting to a date required by statute?
COMMISSIONER CARON: Exactly.
CHAIRMAN STRAIN: No later than -- yeah.
COMMISSIONER CARON: And we do -- we do se]j~adjusting language like that all the time.
CHAIRMAN STRAIN: Well, I think we could adjust it to reflect change in statutes, then we
wouldn't have to go through full change to the GMP, would we?
Margie, are you coming up to comment on this?
MS. STUDENT-STIRLING: Yes. For the record, I think we could put some language in it there to
the effect, or as may be later amended by DCA or whatever and to put in there so you wouldn't have to
bring it back.
CHAIRMAN STRAIN: Okay. This may be amended by Florida Statute or -- does that work?
Does the school board have any objection to clarifYing that language? Everybody's shaking their head no,
Court Reporter.
MR. DEYOUNG: David De Young with Kimley-Horn & Associates representing the school
district. I don't think we have any problem with that.
CHAIRMAN STRAIN: Thank you. Okay. You're on pages 3 and 4. Any questions?
Page 5?
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MS. MOSCA: Mr. Chairman?
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: If staff has changes to some of these items as a result ofrecent discussions with the
school district, at what point do you want me to discuss those items?
CHAIRMAN STRAIN: Well, ]'d like you to point them -- you need to point them out to us as we
go along, but I'd probably -- have you given this same paperwork to the school personnel?
MS. MOSCA: Yes, they have that. But since -- as late as last night, we have additional changes
that were provided to you folks this morning. I know that's difficult for you folks to digest, but it's language
that both the district and county agree on.
CHAIRMAN STRAIN: Well, we do need to know from you when the -- I can't -- I have not been
able to read this. You just gave it to us. So as we come into issues that arc changed in any of the
documentation we have, you need to point them out, and then I'll have to -- if the school board personnel
object to anything, please let us know, and at the end of the meeting I'll ask you if you have accepted all
statements and corrections made here at the meeting. Unless you've objected, I would then think that you
would answer in the affirmative and we could be done with it.
So okay, Michelle, is there anything that we've got to go through from page -- up through page 5?
MS. MOSCA: On page 4, yes.
CHAIRMAN STRAIN: Okay.
MS. MOSCA: And I'll put the new language -- it's handwritten. And it is section I3.A -- 13.8,
rather, paren A. And that same language should also be included in the packet that I provided to you, and
the change is at the bottom.
CHAIRMAN STRAIN: This response to the question that we have concerning the repetitive
removal ofthe language that we have to maintain financial feasibility, the strikethroughs; is this right?
MR. COHEN: The intent behind it is to ensure that our CIE is consistent with the scheduled
improvements that the school board will be making in its capital improvements program, and it ties in with
the interlocal agreement which calls for early -- early coordination between the parties every year.
CHAIRMAN STRAIN: Okay. In the fifth line, the county and city shall adopt by reference the
school district's annually updated financially feasible capital improvement plan.
We also had language in here that provided -- that said, provided such adoption does not affect the
local goverrnnent's ability to maintain a financially feasible CIE for the current five-year planning period.
The language you've submitted, is that in response to the strikethrough language that I just read?
And the reason I'm asking is, if we have to adopt it, if we have to adopt it and it impacts the taxpayers of the
county to require improvements to meet their plan tl1at we are lorced to adopt by the word shall, I simply
want the language and that issue highlighted to the BCC so they're well aware of it, and it's just not accepted
as a recommendation by this board through a strikethrough. And I know it's a decision they already
addressed, but I think it needs to be highlighted.
MR. COHEN: Mr. Chairman, that language that was stricken through was recommended by the
BCC, okay.
CHAIRMAN STRAIN: Oh, it was. Well, how come it's struck through?
MS. MOSCA: By statute we are required to adopt the district's CIP. We had communications with
the Department of Community Affairs, and they cited specific statutes that require the county to adopt tl1at.
If the BCC makes a policy decision and submits that to the state, we certainly can highlight that
issue has been, I guess, not resolved to the Planning Commission satisfaction.
CHAIRMAN STRAIN: So you're saying they're required (0 adopt it unconditionally? That's what
the state statute says?
MS. MOSCA: The statute requires that we coordinate our plans, we work closely with one another,
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again, to coordinate public facilities. The statute does require fhat the county adopt the CIP, yes.
CHAIRMAN STRAIN: Okay. So the statute's somewhat lopsided then. In one regard it's, we shall
adopt, but in the other side, there's no requirement to be consistent with either side's plan. They just
produce a plan, hopefully we all do it in good faith, but we have to adopt it no matter what?
MS. MOSCA: That's correct. That's my understanding of the statute in discussions with
Department of Community Affairs.
CHAIRMAN STRAIN: Okay. I'm as troubled by this as I was originally. I understand why the
politics would require things to have to happen, but I certainly think that it ought to be, again, pointed out
that this is like this, and then the BCC can then explain to the public why it has to be this way, and it's not
their meaning, and it goes forward the way the statutes require it to, I guess.
But I certainly think we ought to have some caveat in there that doesn't force us to accept something
that the taxpayers of this county would have to pay a lot of money for to bring in this -- facilities that
weren't planned for that area at the time the school was going in. Is that the consensus of this board? Mr.
Murray?
COMMISSIONER MURRA Y: I don't know what the purpose ofthe exercise is otherwise.
CHAIRMAN STRAIN: Well, I agree. This seems kind of silly to go through all this concurrency
program if we don't have a way of making sure we have concurrency.
COMMISSIONER MURRAY: Right.
COMMISSIONER VIGLIOTTI: Right.
CHAIRMAN STRAIN: And the only way this happens now is it happens at the expense of the
taxpayers if there's some lack of coordination that's voluntary. So that's my thought on it.
Anybody else have anything else'!
COMMISSIONER VIGLIOTTI: There's no way around this, no other way to go?
MS. MOSCA: We certainly -- again, we can emphasize to the board your concern about the
potential impacts as a result of not including what was originally proposed and let the board make a policy
decision on that item.
COMMISSIONER MURRAY: I think we ought to do that.
COMMISSIONER VIGLIOTTI: If that's our only option, then I guess that's what we'll do.
CHAIRMAN STRAIN: And [ know that the school's position probably is not in favor of this kind
oflanguage. You're more than weleomc to speak on the matter if you wish. You'll need to use the mike,
Amy.
MS. TAYLOR: I'm just asking that you repeat it, the changes.
CHAIRMAN STRAIN: Well, what we would recommend is that the strikethrough that provides
the condition that says, provided such adoption does not affect the local government's ability to maintain a
financially feasible CIE for the current live-year planning period, we would ask that that be reinserted.
MR. COHEN: And Mr. Chairman, for the record, you know, staff is very uncomfortable with
striking that language as well, too. We've had numerous discussions with the Department of Community
Affairs, obviously, trying to maintain the integrity of our capital improvements elements to make sure that
we don't have any adverse impacts on any of the public infrastructure and services, as well as to ensure that
we properly plan and that we do have a linancially feasible ClE.
The last thing we want is to get caught behind the eightball, one, with no money in hand; two, with
something potentially that is going to take a longer period of time to get into place. It's very problematic
unless we do have absolute coordination ifboth the school board and IDe Board of County Commissioners
are on the same thing.
And hopefully -- you know, this is an area where we've had disagreement, and hopefully this is an
area where we agree to disagree and maybe the boards can resolve the issue with respect to those items
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being intertwined and giving us some certainty.
CHAIRMAN STRAIN: Thank you. And you want --
MS. TREV ARTHEN: Susan Trevarthen, Weiss, Serota HelfTnan, for the school board. Thank you
for the opportunity to comment.
We agree with what's been said about what the law requires here, and that was our basis for saying
that the provided clause needed to come out of the agreement. We understand the policy concerns that arc
being raised by the board.
And the one thing I would point out is that the whole purpose of this effort is to bring about much
more detailed and continuous coordination between the parties. And that being the case, it is less and less
likely that there will be sudden surprises that cannot be planned four years in advance and budgeted and
dealt with to the mutual satisfaction of the parties.
So, you know, this is a certain amount of -- the legislature has put us in the shotgun wedding and
we're going forward, and we have to work together in good faith to avoid ending up in a situation where the
conflict you all speak of arises.
CHAIRMAN STRAIN: Good. Then you wouldn't mind voluntarily allowing this to be added to
the conditions of adoption, would you?
MS. TREV ARTHEN: Added to the what?
CHAIRMAN STRAIN: You wouldn't mind then agreeing that this can be added as -- under --
MS. TREV ARTHEN: No, no. We don't agree to the language, no.
CHAIRMAN STRAIN: I knew you were going to say that, but I thought I'd try.
MS. TREVARTHEN: You're just teasing me, I know.
CHAIRMAN STRAIN: Okay. Does the staff understand the Planning Commission's concern, and
will they be able to relay it adequately to the board?
MR. COHEN: Yes, sir.
COMMISSIONER MURRA Y: Let me ask a question.
CHAIRMAN STRAIN: Go al1ead, Mr. Murray.
COMMISSIONER MURRAY: Aren't levels of service at risk here? Don't we have contradiction
potential for the future?
MR. COHEN: Potentially two things could happen. We could have adverse impact on our levels of
service where we have existing capital infrastructure and services; two, the other thing that could happen is
you could have a school that's located in an area that does not have capital inrrastructure and services,
which could lend itself to be problematic because we may not have something planned or programmed or it
might be in an area that, you know, there's not even -- there's right-of-way but the right-of-way's not even
improved. That's an example of something that could occur.
So the only way that this will work is if there is a coordinated effort both from the standpoint of
planning but also from the standpoint oftinancing as well.
COMMISSIONER MURRAY: All right. Then I would have this gentleman, relative to that, close
coordination is an effort in the positive by all parties. What have you initiated -- and not relying, as you
seem to be in your statement, ma'am, on the legislature or on the legislation, rather. What do you have as
policy in place that will help work assured -- or work to a~sure coordination so that we don't have, you
know, plans for a school within a five-year period and we're in a nine-year period for it. What do we do?
MR. DEYOUNG: This whole document, this section 13.8's from the intcrlocal agreement. That
whole document is established to establish school concurrency and coordinated school planning. So just as
Randy stated for the county and the fear about not being able to have inrrastructure in place, the same thing
happens for the school district in terms oflevel of service; they're required to achieve and maintain the level
of service that's being established here today as part ofthese documents, and part of that requirement is
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assuring that there's adequate school capacity to accommodate the students that come into Collier County.
So they have the same issue where they're required to provide the facilities for the students that
come in to meet -- to achieve and maintain the adopted level of service for schools. It is a fully coordinated
process and it will require coordination on behalf of the county, the school district, and the cities of Collier
County.
COMMISSIONER MURRAY: And this is a living, breathing thing, if we take into consideration
that four years ago projections were way high and now we're looking at losses. Once a commitment is
made in this county to a five-year program, we have to fund it. We have to be on top of it. And are you in
the same --
MR. DEYOUNG: Understood. The school district is in the same position.
MS. TREY ARTHEN: And if I might, the school district is actually in a harder position because we
have the constitutional provision that they carmot say no. Every student who shows up tl1ey have to accept
at any given day. So they are under the gun to provide these facilities in an appropriate manner.
COMMISSIONER MURRAY: I guess though that -- if you think about that, should we have a
sudden influx, sudden being a relative term here, you may very well be compelled to do something that we
were not prepared to do, and I think tl1at's where the coordination issue arises of great significance there.
MS. TREY ARTHEN: But there are usually multiple ways to deal with that type of influx, and
that's why we have the planning and coordination processes that arc detailed in the interlocal agreement. So
when the need for change arises, the parties sit down and say, what's the best way to respond to these
changed conditions.
COMMISSIONER MURRAY: Well, you certainly are very positive about it, and that gives us
good hope. Thank you.
MR. DEYOUNG: With regard to section 13.8, we would also suggest that the, no later than
December 1 st of each year mimic the language that we just talked about in the CIE, which is no later than
December I st of each year or as amended by statute.
CHAIRMAN STRAIN: I would agree.
COMMISSIONER CARON: All the way through, I think.
CHAIRMAN STRAIN: Okay. Anyplace that occurs in this document, let's just assume that would
be changed.
MS. TREY ARTHEN: Thanks.
CHAIRMAN STRAIN: Thank you. We're on page 4 and 5. Anything else?
The top of page 5 finishes off a sentence that begins on 4. Corrections or modifications to the
school district's five-year capital improvement plan concerning cost, revenue sources, or acceptance of
facilities pursuant to dedications may be accomplished by ordinance and shall not be deemed an
amendment to the Comprehensive Plan.
Could we insert language that says, so long as any such changes do not affect the level of service
requirements?
MS. MOSCA: Mr. Chairman, I'm sorry. Which page are you--
CHAIRMAN STRAIN: Bottom of page 4 to the top of page 5.
MS. MOSCA: Mr. Chairman, so if! understand you, you want to include the same language that's
located within 13.8(A)?
CHAIRMAN STRAIN: Well, yes. I mean, it could be that language or simpler, but I would want
to make sure that if we pass it by ordinance and it's not deemed an amendment to the Comprehensive Plan,
it doesn't negatively affect the level of service that the Comprehensive Plan is relying upon, that's all. Is that
a reasonable --
COMMISSIONER MURRAY: That seems reasonable.
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CHAIRMAN STRAIN: --language?
MS. MOSCA: Mr. Chairman, would you read that one more time, just the language you want
inserted and the --
CHAIRMAN STRAIN: Well, at the end of the sentence I would suggest that we add, so long as
any such changes do not impact the level of service requirements. At such point ifthey do, then we
obviously need to have a change to our GMP; otherwise, it's inconsistent with the GMP. Would that be a
true statement?
MS. TREY ARTHEN: Mr. Chair, if! may address that.
CHAIRMAN STRAIN: Yes.
MS. TREY ARTHEN: My concern with it is that the way that level of service is required to be
maintained under the school concurrency statute -- and transportation is the same way -- you have to
achieve and maintain the level of service by the end of the five-year period.
And if we're not careful how we word this change, you would inadvertently end up with a different
standard for maintenance of level of service, that it would have to be any moment in tinle. It would always
have to be perfectly at level of service.
CHAIRMAN STRAIN: Well, if the GMP's set up on a five-year standard, and this would only kick
in ifthe changes are -- impact the level of service requirements, which are then the five-year standard, I
don't know if that hurts us. It just emphasizes that any changes that were to be accomplished by ordinance
couldn't be if they deemed we have to change the Comprehensive Plan.
MS. TREY ARTHEN: I see that creating an ambiguity where someone could read that language to
say, any impact on the level of service. And what I would want, if you want to go down this road, is to say,
you know, an inlpact on the level of service that is legally significant, because the way the standard is
clearly written into the statute, there could be these momentary blips where there are moments where level
of service is exceeded, but as long as you achieve and maintain by the end of fillh year, you're fine.
CHAIRMAN STRAIN: Any problem with that from the County Attorney's Office or -- how about
comprehensive planning staff'?
MR. COHEN: Yeah. Mr. Chairman, let me comment on that, because with respect to our level of
service, our Board of County Commissioners -- and you're well aware ofthis from the AUIR process and
the ClE. When it comes to our placing any type of capital inrrastructurc within the CIE, the board has
asked for surety. And what we've done is that when we put something into a year, like year one, year two,
year three, that's the year it's going to be completed, and there's a surety associated with that.
We don't even put anything into years four or five unless we're sure that we have the funding for it.
Where a lot of governments are relying on the concurrency management systems to end it like -- well, we
can do it, you know, within the five-year because the statute allows us to, our board has actually set really a
policy that it's going to be done within the year that it's slated. And the instruction basically is, is don't put it
in there unless that's going to happen.
So that's where it differs. A lot of people -- a lot of government, excuse me, realize that they have
till the end of that five-year period, and then they'll do it at the end of that, where we're being more
proactive in the process.
CHAIRMAN STRAIN: Okay. Randy, let me try to get down to a short-and-sweet response here.
MR. COHEN: I know you like length.
CHAIRMAN STRAIN: Yeah. Is there -- I'm suggesting some language. I'm not an attorney. I'm
not -- I don't write code. I'm just suggesting language on a conceptual basis that might be added here to
make sure that an ordinance can't go outside the level of service and limitations of our Comprehensive Plan.
Is that something that would help this sentence? If it would, do you have language that could be
crafted? And that's what I'm looking for, a response to that.
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MR. COHEN: I think that goes up, again, back into I3A where we had the same issue.
CHAIRMAN STRAIN: Okay.
MR. COHEN: Okay.
CHAIRMAN STRAIN: We don't need to craft the language now, but if you -- I'm suggesting that
if such language will be helpful, we ought to put it here, okay, and l'llleave it like that, as long as tl1e rest of
the --
COMMISSIONER CARON: I have a note, yeal1.
CHAIRMAN STRAIN: Go al1ead. Ms. Caron, did you have something?
COMMISSIONER CARON: I've noted it, and they can come up with the language. It's not -- you
know, we don't have to sit here and craft it right now.
MR. COHEN: Well, this is -- this is the issue that we wanted in there, that caveat, and DCA
objected to it.
CHAIRMAN STRAIN: Well, fine, but at least I'd like to know --I think it's important for the
Board of County Commissioners to realize that this is still an issue, that the DCA objected to it, and they
could air it publicly so that when it all comes out in the wash, the public knows why the two boards had our
hands tied, regardless ofthe outcome of it. And I don't see anything wrong with that, and I think it ought to
be redundant, and I think that's a good thing to be redundant with, because this could be a substantial cost.
MR. COHEN: What we can do is we can note it in the CCP (sic) recommendations--
CHAIRMAN STRAIN: Right.
MR. COHEN: -- that that type oflanguage you would like to have seen in there.
CHAIRMAN STRAIN: Okay. That gets us there. And I would -- I know the school staff would
rather not see it there, so we're covered there.
How about through page 8. Any other -- Mr. Wolfley?
COMMISSIONER WOLFLEY: I had a bit of a question on -- it was DCA's objection 2, realizing
I'm coming in at the end of things here. I wasn't totally comfortable with the school concurrency service
area that -- it discussed developments.
CHAIRMAN STRAIN: What page are you on?
COMMISSIONER WOLFLEY: I'm sorry, 5. Starts on 5, center of 5 and continues for a few
pages.
My issue is, it talks about developments, you know, as a big Cypress or Ave Maria or something
like that, and it doesn't really address individual -- you know, people that move in the Estates. And I'm
going to use the Estates because that's a wide area -- and people are moving in.
My issue is, are we prepared to deal with the students that just may be built -- where their parents
are building homes up and down any mile-long street.
CHAIRMAN STRAIN: Do you have a cite? Can you tell us where you're -- I can't figure out
where you're reading from.
COMMISSIONER WOLFLEY: Page 5.
COMMISSIONER MURRAY: He's in New York, I think.
CHAIRMAN STRAIN: I'm in page 5, yeal1. We're all in page 5.
COMMISSIONER WOLFLEY: Do you see where it says objection 2?
CHAIRMAN STRAIN: Yeal1.
COMMISSIONER CARON: Yeal1.
COMMISSIONER WOLFLEY: Okay. It discusses the CSAs.
CHAIRMAN STRAIN: Right.
COMMISSIONER WOLFLEY: And if you go over to the response on the next page, page 6 -- and
I'm just doing a general. I'm not reading anything here. It discusses the ability of the district to handle
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students of developments instead of --
CHAIRMAN STRAIN: Can you show us that piece of it, David? Handle students of what
development?
COMMISSIONER WOLFLEY: Well, it just uses the word developments.
COMMISSIONER MURRAY: He means like Big Cypress or villages or--
COMMISSIONER WOLFLEY: It talks about--
COMMISSIONER MURRAY: Townships, townships.
COMMISSIONER WOLFLEY: And I just didn't -- I didn't feel comfortable when going through
this that students residing in different CSAs and adjacent CSAs --
COMMISSIONER MURRAY: Density.
COMMISSIONER WOLFLEY: Well, I was concerned, if -- maybe this is not even founded,
maybe it's already been addressed. But I have just heard out there that there has been issues where parents
have to, you know, deal with their kids before they go to work and because there's only a few houses on a
street, that they aren't able to get bused and handled and be delivered to school and taken back. I just -- I
didn't feel comfortable with it. Again, I didn't hear this thing to begin with, and --
CHAIRMAN STRAIN: Well, I don't think we've got any busing issues involved here, do we?
COMMISSIONER WOLFLEY: Well, I didn't --I meant for the school district to financially handle
dealing with students that may not be within a high density area.
MS. MOSCA: I think, Mr. Wolf -- Commissioner Wolfley, what you're asking about are these --
specific to objection 2, the CSAs tl1at are listed. Those concurrency service areas arc out in the rural lands
area as well as within the preserve areas. So there's a limited nmbcr of students being generated from
those.
COMMISSIONER WOLFLEY: Exactly.
MS. MOSCA: Okay. So let me see if[ follow you.
So those students, if there's any new residential development because there arc no new proposed, at
this time, schools, in those CSAs, yes, they would be bused to adjacent CSAs where they have the schools.
Does that answer your question?
In the case of -- in the case of --I'm sorry. In the case of the Big Cypress development, for example,
which is located in the rural land stewardship area overlay, the project would either be required to have
schools or provide sites for schools, mayor may not include a high school, and those students mayor may
not be bused elsewhere, an adjacent CSA where they would be readily accommodated.
COMMISSIONER WOLFLEY: I guess my concern -- I should have been more -- well, said it
better -- but it was the low density areas.
COMMISSIONER MURRAY: Are you concerned that there's -- that there aren't buses that people
are having to take --
CHAIRMAN STRAIN: You need to use your mike, Mr. Murray.
COMMISSIONER MURRAY: Oh, I'm so sorry. Got too relaxed.
Are you concerned that there are folks who are now feeling that or they are compelled to take their
children to the schools because they are out of the district area, so to speak; is that what your concern is?
COMMISSIONER WOLFLEY: Yes, in low density areas--
COMMISSIONER MURRAY: And has the school system then therefore provided for that growth
which is a lot more difficult to measure than it would be in a Big Cypress or a town of that sort; that's what
you were relating to?
COMMISSIONER WOLFLEY: Yes.
COMMISSIONER MURRAY: I think it was a good question, and I think it probably deserves an
answer.
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MR. DEYOUNG: Let me see if I can try to answer the question. David DeYoung with
Kimlcy-Horn.
The rural areas do not have populations great enough to facilitate an entire school. So when new
development occurs with these preserve areas, as we're calling them, the CSAs that are preserve areas, tl10se
students that reside in those -- there's two different tl1ings we're talking about here. One is the currency
service areas which are used to measure students who are concurrency purposes, and then school
boundaries. Those students that live out in the rural areas are boundaries to other schools currently.
As new schools come on line, whether it's in Big Cypress or in other places, boundary changes do
occur, and there's a chance that those students that are out there would go to a different school, a closer
school.
But until school facilities are provided out in those rural communities, the busing patterns that are
currently in existence are in existence and are not really related to school concurrency.
COMMISSIONER WOLFLEY: So we have no issue there?
MR. DEYOUNG: I don't think so.
COMMISSIONER WOLFLEY: Thank you.
CHAIRMAN STRAIN: Okay. Any questions on page 9?
Michelle, when -- I think there was some more research done on this. In C, we talk about the
SCADL being issued 20 days after receipt of a completed application rrom the county, and then it says, the
school district shall identify the following in the SCADL and it lists things that can happen, but it doesn't
say what happens if there is sufficient capacity there. Do they issue a SCADL that says that, and do we
need to say that as a third item or a fourth item?
MS. MOSCA: I think it's within -- contained within C-1. Within that -- within the development -- I
mean, I'm sorry. Within the service area, if there is available capacity, then tl1e school district will issue the
SCADL stating that there is, in fact, available capacity.
CHAIRMAN STRAIN: Okay. And the time rrame is 20 days?
MS. MOSCA: That will be 20 days for their review of a sufficient application.
CHAIRMAN STRAIN: Okay. Pages 10, 11, 12, any questions? Thirteen? Fourteen? Fifteen and
16?
Okay. I have a question on page 17, and it references page CIE 16, and it was changed. There was
underlined words. Well, I can't tell -- well, they were in, then it looks like they were taken out. Provided by
the county, and then in the last line it looks like it was removed. Is that reading that correctly? This is on
page 17,ClE 16.
MS. MOSCA: There actually -- Mr. Chairman, there are two separate items on page ClE 16. The
first item page -- under capital improvements, one under, yep, page CIE 16, it states, all public facilities,
and the added text is provided by the county, shall be consistent with the county's Capital Improvement
Element.
CHAIRMAN STRAIN: Right.
MS. MOSCA: That language we had to -- we had agreed to prior to transmittal --
CHAIRMAN STRAIN: Right.
MS. MOSCA: -- and it was inadvertently left out, so tllat's just distinguishing between the county
versus school facilities.
The second item, Mr. Chairman, that you were referring to, all public facilities shall be consistent
with the county's Capital Improvement Element. The county has kept that language within the CIE on page
16. It's a statutory reference.
CHAIRMAN STRAIN: Why wouldn't they both -- why wouldn't they both read the same?
MS. MOSCA: It's a different section. They just happen to be on page 16. If you actually go to the
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ClE, the actual element, you'll see the two separate entries.
CHAIRMAN STRAIN: Why wouldn't they both read the same? I'm going to ask the same question
till I get an answer, so -- what difference does it make if you put that additional language, provided by the
county, under the second one if it's in the first one? Why aren't they consistent?
MS. MOSCA: Well, let me look at it in context, if you just give me a second.
CHAIRMAN STRAIN: If there's a reason, that's all I'm seeking, is to understand if there is a
reason.
My copy of the CIE that you gave me in my packet doesn't have a page -- it has a 16, but nothing's
on it, so that's --
MS. MOSCA: Mr. Chairman, I think it's just -- in context, I actually think that that's a wrong
reference, that page ClE 16. I think that's found in a different paragraph, because my page ClE 15, we've
inserted that additional text for -- all public facilities shall be consistent.
So I think the first sentence is in a different context. I'm just trying to locate the paragraph in which
it's actually located. And I think it's referring to -- one of the policies is simply referring to county public
facilities, and I think that's the difference, but unfortunately I'm having a difficult time locating that
paragraph.
CHAIRMAN STRAIN: Well, would you mind, at your leisure, to find an answer. We don't need
to waste today's time doing it, but it would be something we'd like to get a response to.
Let's move on to page 18 and 19. Any questions? Twenty and 21? Twenty-two and 23?
On 23 -- Michelle --
MS. MOSCA: Yes.
CHAIRMAN STRAIN: -- the top policy 2.6 refers to the interlocal agreement, and -- which is--
incorporates the SBR. What happens when the SBR expires?
MS. MOSCA: Mr. Chairman, you're on 12.3, correct? I just want to make sure we've gone--
CHAIRMAN STRAIN: I'm on page 23, policy 2.6.
MS. MOSCA: Okay. As part -- as part of these amendments, we've mapped several schools, we've
legitimatized the sites, and under that school board review interlocal agreement that is presently in effect,
there are processes established through mat identifying responsibilities for certain off-site infrastructure
improvements and so forth.
If that SBR expires -- it's scheduled to expire in May, 2009 -- we will, in fact, have those mapped
sites remaining on the Future Land Use Map series as well as Public School Facilities Element map series.
So we'll have the map sites but we won't have the SBR interlocal agreement in place to assess for
ofT-site inrrastructure in accordance with that inter local agreement.
CHAIRMAN STRAIN: Well, the SBR also works with development standards, if I'm not
mistaken, right?
MS. MOSCA: There are some development standards in there.
CHAIRMAN STRAIN: Okay. And if that goes away, they -- it falls back on the LDC?
MS. MOSCA: I'm not sure, because Chapter 10.13, which applies to schools -- 10.13.51 -- section
10.13.51 allows for the school district to provide inrrastructure that runs through their property and that's
contiguous to their property.
There's an opportunity with the interlocal agreement for the two boards, the school board and the
Board of County Commissioners, to agree to an alternative to that approach, and that's what the SBR
interlocal agreement docs.
So without that, they mayor may not be subject to certain provisions of the Land Development
Code. We may be able to impose reasonable development standards, look at compatibility with adjacent
properties, but somewhat subjective.
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CHAIRMAN STRAIN: Marjorie?
MS. STUDENT-STIRLING: Just to clarity -- and we may differ on this. But it is my position, and
it has been for a number of years, that failing that SBR, the statute gives us authority to apply reasonable
development standards, and in that laundry list they include environmental as well as compatibility issues.
Then there's an exception in there for -- I think it was 10 -- 10.13.51 (I), and that has to do with provision of
infrastructure on site and off site. Giving us the ability where it's adjacent -- and the term adjacent isn't
defined -- or contiguous maybe. It's either adjacent or contiguous -- or on site to have -- make sure the
school board, you know, pays for that. Then it's ofT site, we may require them to pay their proportionate
share. But in no way can we make them pay more than their proportionate share without some kind of
credit.
So it's my contention that without that SBR, we apply that statute that I just mentioned.
CHAIRMAN STRAIN: And I'm sure tllcre's probably a counter to that.
MS. TREV ARTHEN: Yes, Chair. Susan Trcvarthen. What Michelle and MaJjorie both said was
both partially correct. Basically if you don't have an SBR, what you do is you fall back on the statutes, and
the statutes arc kind of scattered. There's 10.13.33 that has five sections that are relevant, there's 10.13.51
that talks about proportionate share. There's another relerence I can't remember that specifically exempts us
from landscaping. It's just sort of scattered.
But the answer, the simple answer is, without the SBR, like everybody else in the state, you just fall
back to whatever the statute says. So all those different nuances of the statute we would work together and
apply the statute for both review of site plans and contributions towards infrastructure.
Is that -- I think that was where you were headed, right, Michelle?
MS. MOSCA: That's correct.
CHAIRMAN STRAIN: Nick, I notice you jumped up, so I know you've probably got something to
tell us about so -- or Joe or whoever.
MR. SCHMITT: I was going to state the same thing.
MR. CASALANGUIDA: For the record, Nick Casalanguida, transportation. I want to commend
Tom and Alva. We've worked together on several school projects recently and come up with interlocal
agreements where we have discussions on what infrastructure is involved.
You read 10.13.51, as Marjorie pointed out, it's great. And this is what leads to the fights that led to
the original SBR where you talk about what -- who pays for what and when and what's proportionate share.
You build a school off a rural street, my contention is, the impacts are 100 percent the school is to
improve that road because I don't have any background need to improve that road. So the argument would
be, who pays for that?
And if you don't have an SBR and you revert back to this -- this is where some of the other counties
are in lawsuits because they're fighting over these two specific paragraphs of what they actually mean.
CHAIRMAN STRAIN: Well, is there a solution to this dilemma? I mean, if the SBR expires, is
there some language that can be utilized in this element that would force the issue to be resolved or fall back
on an issue that protects the taxpayers of the county?
MR. SCHMITT: Let me just make this simple as far as my staff's concerned and the way I look at
this. And you've asked kind of the $64 question, or $64 million question or whatever.
Again, for the record, Joe Schmitt. Without the SBR, as far as staff review, unless I get guidance
from the county attorney, negotiating attorney to attorney and developing some kind of a review standard
based on state statute, I'm compelled to review in accordance Witll the GMP and the LDC.
Now, I'm not going to be that concerned about whether there's a tree near the entryway, but I am
going to be concerned about compatibility with surrounding neighborhoods, so school siting and
compatibility with surrounding property. And the only thing I have to review based on that is -- are the
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criteria in the LDC.
And you're looking for language? The only language would have to be -- we would have to be
moving towards -- it would be, as counsel stated, be almost on a case-by-case basis. You would have to --
because it's going to come in to me for a review. I have to issue a local development order under certain
authorities. I will not issue a local development order until it's reviewed in accordance with some criteria,
and the only criteria I have is the LDC. And [ know the school board disputes that, or we'll defer to state
statute.
CHAIRMAN STRAIN: Okay. I was just trying to figure out a way to resolve it through a
recommendation here that could be then t1eshed out at the public meeting, and if the board wanted to take it
further, they could, or we could j list --
MR. SCHMITT: The resolution would be that -- it would be taken to a dcc. action.
MR. KLA TZKOW: No, the resolution --
CHAIRMAN STRAIN: First of all, you've all got to talk one at a time. Mr. Klatzkow?
MR. KLATZKOW: The resolution is lor this board to recommend to the Board of County
Commissioners that they get with the school board and negotiate a new SBR.
CHAIRMAN STRAIN: I wish it was that simple, but I understand what you're saying.
MR. KLATZKOW: That's the recommendation. Nothing else works.
CHAIRMAN STRAIN: Right.
MS. TREY ARTHEN: I'm sorry. There's another question being raised here, and I didn't answer it
before, if you don't mind.
CHAIRMAN STRAIN: Sure.
MS. TREY ARTHEN: You were asking about policy 2.6, which is at the top of page 23.
CHAIRMAN STRAIN: Right.
MS. TREY ARTHEN: The next point is very interrelated, and that's the bottom of page 23. And the
staffs do have agreed language to solve the problem. But you were asking tl1e conceptual issue, what
happens if the SBR goes away, which was what we were answering. So I don't know if you have this
where you could put it on the monitor.
MS. MOSCA: Mr. Chairman, that's partially correct. The language that the staffs agree to -- and
I'll go ahead and put it up on the monitor.
This language would apply to any new future site. That's what our -- that's what our staff is looking
at. So if the SBR expires in May, 2009, any additional site coming in would be reviewed under these
guidelines.
Staff's concern has been that the schools that are mapped now that were approved under the existing
school board review interlocal agreement, there's no mechanism in place.
Now, we've -- again, the two boards have agreed that we would map -- the county would map those
future sites contingent upon compliance with the processes that are established in that agreement. The
agreement goes away, so does all ofthe processes within it.
COMMISSIONER MURRAY: Good gosh.
MS. MOSCA: So now we have properties, school sites, that are consistent with the locational
criteria and we have to review them based on current statute, not based on the agreement that was
authorized by both the Board of County Commissioners and the school board.
CHAIRMAN STRAIN: Well, it looks like at the end of the paragraph you have here -- the dec.
action is the resolution, if there's agreement -- disagreement on the existing facilities; is that how that would
be read, or is that just a disagreement on the future facilities?
MS. MOSCA: Well, I believe that would be both.
COMMISSIONER MURRAY: That's catchall.
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MS. MOSCA: Yep.
CHAIRMAN STRAIN: Okay. So someone anticipated this disagreement in the writing of this
document, and that disagreement was always destined to be solved by a dec. action instead of by working it
out through negotiation?
MS. TREV ARTHEN: We negotiated this language back in the fall and -- through extensive
meetings between the two bodies, and I think we explained, but it's been a long time, and we have a new
member, so I want to make sure he's aware.
Of the whole menu of the litigation options, a declaratory judgment is pretty straightforward. It's a
flavor of litigation that doesn't involve a lot of witnesses and disputed testimony and lengthy deposition or
anything.
It's basically, the parties go to the judge and say, we don't know what the law is and we're fighting
over it. You tell us what the law is because you're a judge. And you just jump right to the point and you
brief the issues of law, and the judge, depending on how backed up his docket is, or hers, they eventually
give you a ruling. But it's pretty to the point as far as litigation goes, and it wa'i the best thing that we all
could mutually come up with as a defined way out if we truly got into a logger -- at loggerheads with each
other.
CHAIRMAN STRAIN: Okay. But in lieu 01"2, this panel could recommend that we strongly
suggest that the SBR be negotiated and reinstated at the effective date of the current one's expiration.
Mr. Schmitt?
MR. SCHMITT: Yeah. And Ijust want to make sure you understand. We're working towards an
SBR.
CHAIRMAN STRAIN: I've got the draft.
MR. SCHMITT: Now, that doesn't mean we'll get there, but we have an SBR that's in place now
until 2009. I have language that was sent to me by the school board, and I believe we forwarded some
copies to members of the Planning Commission of that.
But we're in a give and take on that right now. I owe them an answer back. So there is an effort to
try and create an SBR because it's certainly, I believe, advantageous to both parties to have such an
agreement just to preclude what would happen here with the last sentence.
CHAIRMAN STRAIN: Well, and I know there are problems with the current SBR. I've heard
from both sides privately and I know that there are some very justifiable concerns on the part of the school
system.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: And I know that we have some frlL'itrations on the county side.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: But I think from this panel's perspective, I think if we highlight that and
strongly encourage the Board of County Commissioners to insist that that SBR get worked out and
implemented in time for the other one to expire, that would be helpful to all parties in lieu of number 2 on
the item you have in front of us, which is a dec. action, which only costs the taxpayers legal fees and
extended time periods.
MR. SCHMITT: Right. But with the understanding that some of the issues to change the SBR will
involve Comprehensive Plan amendments, which are certainly going to take some time as well.
CHAIRMAN STRAIN: Well--
MR. SCHMITT: And then -- but those can be directed by policy by the board or through the
agreement, and we could follow up later with comprehensive amendments.
For instance, one particular certainly is a valid concern of the school board, and it should be, is the
preservation requirements, and -- but that would take a Comprehensive Plan amendment. But both parties
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would have to recognize that. Certainly the board could direct that through, like I said, through directive,
and then with a follow-up. But, of course, then we could be subject to a challenge.
But, again, those are the kind of things that we need to work out and we need to work out between
now and hopefully before the -- before the current SBR expires.
CHAIRMAN STRAIN: Michelle?
MS. MOSCA: Yes.
CHAIRMAN STRAIN: If this board were to request -- suggest to the BCC as part of a
recommendation that a new SBR be implemented at the time of expiration of the current one, be negotiated
and implemented, is that a fair recommendation to go forward, a helpful one?
MS. MOSCA: Randy's telling me it is. I still have -- honestly, I still have concem about those map
sites, because if you -- if you review the existing SBR -- and I understand where you're coming from, Mr.
Chairman. But if you review the SBR that was agreed to by both boards, it is very specific; turn lanes,
everything, for those sites that were approved.
So if we work in good faith and we have no agreement or the school district, for example, stands
firm on their position about 10 -- chapter 10. ] 3, section, I think it's 51, where off-site infrastructure would --
they would only pay for off-site infrastructure for that that runs through their property and is contiguous
through, much diflerent from what is already outlined existed in tl1e SBR agreement.
Certainly we'll continue to work with them, but my concern is still, you have those sites that we
mapped in good faith that we -- would be contingent upon that agreemenl.
CHAIRMAN STRAIN: Okay. But wouldn't part of the negotiation of a new agreement address the
items that were already fixed in the previous agreement? Couldn't that be part of your negotiations? And I
think maybe part of the recommendation ought to be that the -- until a new SBR is accepted and -- both
parties accept the new SBR, the current one should stay in place.
Mr. Murray?
COMMISSIONER MURRA Y: Qualification of what you mean by those that are already in the
agreement. Are you offering them up; is that what you mean?
CHAIRMAN STRAIN: No. She has -- there are certain school sites that fall under the current
SBR.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Those sites have criteria in the SBR that give benefit in how they're to be
developed. What Michelle, I think, is saying, is she doesn't want to lose that benefit in negotiating a new
SBR and not have that benefit apply to the existing facilities if they can't get it on the future facilities as
well.
COMMISSIONER MURRAY: I got that part of it.
CHAIRMAN STRAIN: So I think that's what I would -- that's where I was coming rrom.
COMMISSIONER MURRAY: I just want to be sure that we were not -- we weren't oflering up to
change anything. It's already in place.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: That's not what we want to do.
MR. DEYOUNG: All I was going to come up and say was that the school district is currently
negotiating a new SBR agreement with the county. The county has a draft of the agreement already, so this
process is already started a year in advance of the expiration of the other SBR, or the existing SBR, and that
should continue in good faith.
As Mr. Schmitt said, it's in the county's hands right now for review and needs to be transmitted back
with whatever modifications and recommendations the county has. And the language that's been placed in
the ILA protects both parties in the event that the SBR does not get completed by the expiration date of the
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current SBR.
CHAIRMAN STRAIN: And the language in the ILA is the dec. action?
MS. MOSCA: Yes.
MS. TREV ARTHEN: Well, that's one part of it.
MR. DEYOUNG: One part.
CHAIRMAN STRAIN: Okay. As far as the negotiations you currently have going on with the
SBR, is it your intentions by these negotiations so far that the level of development standards that have
currently applied to the locational sites that have been accepted stay intact in the new SBR, or are you
renegotiating all the past sites as well?
MR. DEYOUNG: I am not involved in the negotiation ofthe SBR. I'm only involved in the school
concurrency process.
CHAIRMAN STRAIN: Okay.
MR. DEYOUNG: So -- we've been hired by the school district to help facilitate the school
concurrency documents and the interlocal agreement for our coordinated school planning and school
concurrency. The SBR is being handled separately by the school district and the county at this time.
CHAIRMAN STRAIN: Who in the school district is handling the SBR?
MR. DEYOUNG: I think Alva Hardy can answer that.
CHAIRMAN STRAIN: Alva Hardy. The question that's being asked is we understand that there's
negotiations going on currently for a renewed SBR. In the process of those negotiations, is it the school
board's intent to leave the development standards in place for the locational sites that have already been
accepted by the county based on the SBR process, or are you negotiating how all sites will be handled in the
future through that SBR process?
MR. HARDY: I think there are two components to that question, and I shall try to answer them that
way and restate them so that I make sure I understand them, because these are the planners.
CHAIRMAN STRAIN: They just passed the buck to you.
MR. HARDY: I know they did.
There was a long list of sites because this school district's very fortunate to own property in
preparation for future school needs.
In the original agreement, those sites were to have been added to the -- to have been deemed
consistent for locational criteria only, which to us and to me means land use and zoning so that they are
appropriately -- it's in a residential RF-I, or whatever it is, so it's appropriate land use and appropriate
zoning for locational criteria. That's what locational criteria means to me. And if I don't understand that,
that's because I'm not a planner.
The development standards implications of the SBR are entirely separate and deal with the
pragmatic application of putting the school on the ground as opposed to the more esoteric concept of
planning and land use.
So it would be my idea or my conception from the original SBR that the 18 sites or whatever that
were listed in that original SBR have been deemed consistent with the locational criteria and the Growth
Management Plan.
Now, we've built over two-thirds of those anyway. So as an existing site, they're automatically
deemed consistent. But there are a few left that --
CHAIRMAN STRAIN: Well, [think the question is really, is on the few that are left, the
development standards that apply to those, even in the new negotiated SBR, would they be pursuant -- do
you intend to use the same devclopment standards that we've used in the current SBR?
MR. SCHMITT: They'd be subject to the new SBR.
MR. HARDY: They'd be subject to the new SBR when we apply.
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CHAIRMAN STRAIN: So we would potentially lose some of the development benefits that we
have in the current SBR if the negotiations went that direction?
MR. HARDY: Benefits?
CHAIRMAN STRAIN: Well, turn lanes, traffic lights, sidewalks, setbacks, buffering.
MR. HARDY: Those are negotiated individually at this point under the existing SBR and, frankly,
without those negotiations, the school district, by the current SBR, carmot move forward. And so many of
the transportation improvements that the district had built have been exclusively at the need to get their
permits to get started.
CHAIRMAN STRAIN: Michelle?
MR. HARDY: So yes, we would be in a different phase of negotiation, and that's something -- and
why we expect to spend a lot of time with Nick in the new SBR to figure out what that arrangement's going
to be.
CHAIRMAN STRAIN: Michelle?
MS. MOSCA: Yes.
CHAIRMAN STRAIN: You're concerned about the loss of some kind of development standard, I
thought. What is it you're concerned about then if the SBR is open to full negotiation as he's saying?
Where's your concerns?
MS. MOSCA: Well, it is open to full negotiation; however, again, you have to look at the sites that
were mapped. And I'll give you some examples.
We have school sites going out to 2019, 2023. It's a long way out, but the SBR itself establishes
certain development criteria, like you said, setbacks and so forth. Can it be renegotiated? Yes, but to the
same terms, maybe or maybe not.
CHAIRMAN STRAIN: Well, now wait a minute. I just heard Mr. Hardy say that those
development standards were on a case-by-case basis. They weren't basically set in the SBR.
So now you're telling me something different. I'm trying to get to the bottom of this so we can move
forward, but it's getting more confusing the deeper we dig.
And Nick, you're going to help, I hope')
MR. CASALANGUlDA: I'm going to hope so.
If after 2009 the SBR expires, any school site that comes in would either fall under that -- you
know, let's go to a dec. action or argue about who's going to pay for what, or we'll have a new SBR.
The existing sites that have been located will not go back to that old SBR. It will be a whole new
ballgame. And ifhe's -- the folks don't permit a school till 2009, it expires, we've got some work ahead of
us.
CHAIRMAN STRAIN: That sounds different than what Michelle is trying to get at.
MR. CASALANGUlDA: You're talking about location versus site plan review. Two different--
CHAIRMAN STRAIN: I know the location has already been acknowledged based on the mapping
that we have h
MR. CASALANGUlDA: Yes.
CHAIRMAN STRAIN: -- is that correct?
MS. MOSCA: That is correct.
CHAIRMAN STRAIN: So I'm not talking about location.
MR. CASALANGUlDA: Okay. So when site --
CHAIRMAN STRAIN: I'm more concerned about devclopment site specific standards.
MR. CASALANGUlDA: Those standards will change upon the expiration of the SBR and it will
be applicable at the time they submit.
CHAIRMAN STRAIN: For all schools?
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MR. CASALANGUIDA: For all schools.
MS. MOSCA: For all those schools that have been mapped under ilie existing SBR interlocal
agreement.
CHAIRMAN STRAIN: Well, I hope you're a good negotiator and maybe that won't happen. You
got any suggestions, Michelle, how we could protect the taxpayers of the county that works for both parties
or at least attempts to?
MS. MOSCA: I don't know ifit works for both parties -- I'm sorry to interrupt you, Mr. Chairman.
We had suggested -- we originally came up with a map note, and you folks probably saw the map note on
the future sites map as well as the collocation map, and it refers to the SBR. And if, in fact, it expires, then
we would revert to the LDC at the time of site plan submittal.
But it's almost kind of circular because then if you look at the statutes, there's protections under the
statutes that wouldn't require, for example, that off-site infrastructure will use a turn lane or a signal down
the road that's required or necessitated out of the need for that school. Now they would be limited. And I'm
not sure what the negotiations will be in the future, but under the statute, it would be contiguous to their site.
CHAIRMAN STRAIN: Okay. You know, I'm almost sorry I brought this up only because I can't
seem to get anybody to tell me what is the best way to go. And to be honest with you, I like documents that
spell things out, and that's what we should always have. I hate to see us rely on courts. They're only costly,
and the only people that make money are the attorneys.
MS. MOSCA: Well, we had talked about subjecting those sites to the same standards with the
existing SBR interlocal agreement, expires or is in effect and amended. I don't think that the school district
will -- I don't want to speak for them -- but will agree to that. I think that's why the language is in there for a
declaratory action.
CHAIRMAN STRAIN: Alva?
MR. HARDY: Let me try again. We have a master collocation agreement with the county for use
of our facilities. It's used in the event there are no site specific agreements. We have multiple site specific
agreements like at Avalon in the park and for Osceola for the Little League fields. Those are separate
agreements more specific than the general agreement, and they control those sites.
The SBR agreement is an agreement entered into by the school board and the Board of County
Commissioners, executed by both parties, full of terms and conditions, and is an independent document in
our vIew.
How it's been used in this general agreement is written into ilie growth management stuffthat
started in 2003 when we had to start doing this. But without SBR -- and there are plenty of jurisdictions in
this state that do new schools without an alternative review process -- that's what the statute calls this -- here
is what you do or you can develop your own alternative review process. We did that. There are terms and
conditions to it, and they are -- it was a six-year agreement, and it's going to expire in May of next year.
We have submitted a revised document. They're reviewing it. Both of our bosses have said, get it
done, and both of our bosses agreed that in the event something transpires, this is how we're going to fix it
by the dec. statement.
So that's where, as a staff person, as far as I can go. I mean, that's --
CHAIRMAN STRAIN: Okay. And that relies on a dec. action which then gets into litigation. I
would much rather suggest for number two we recommend that the current SBR stays in place until a new
SBR is approved by both parties, and that keeps it there and they can negotiate lor 10 years, but we've got
something in the meantime. Is that --
MS. MOSCA: Mr. Chairman, would that just be for those map sites? We're concerned about the
map sites. Any future site we can live with establishing new -- the language that we've proposed
establishing new --
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CHAIRMAN STRAIN: Anything that the current SBR applies to--
MS. MOSCA: Okay.
CHAIRMAN STRAIN: -- is where I would be thinking. Is that something this board feels at least
is a recommendation that we could go forward with?
COMMISSIONER CARON: Yeal1.
CHAIRMAN STRAIN: All right. We've got to get something highlighted to the BCC that this
SBR is inlportant. The mere fact that we're suggesting that it stay active until a new one is negotiated
certainly annotates that importance. And we -- do it like that.
Ms. Caron?
MR. COHEN: Mr. Chairman, so for clarity sake, you would want us to remove the declaratory
judgment language and replace it with that language?
CHAIRMAN STRAIN: That was where I was thinking, but I've got -- the whole board's got to tell
me that's okay with the rest of them.
COMMISSIONER MURRAY: Yeal1, I would agree with that. I didn't understand you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeal1. No, I'm fine with that. I was just going to say, if this is any
indication of how the cooperation's going to be, I think we already have issues.
COMMISSIONER MURRAY: Two government agencies spending money against each other just
doesn't make any sense.
CHAIRMAN STRAIN: Well, we have that now.
COMMISSIONER CARON: Yeah, we do.
CHAIRMAN STRAIN: We've got that going on with the Clerk of Courts, and we don't need it
again, so.
Okay. Well, let's move past that. And by the way, Randy and Michelle, the generalities that we've
talked about, like this one and the other one, wherever that phraseology needs to reappear in this document,
the assumption is that I don't have to repeat that and research it. It's going to reappear there.
MS. MOSCA: Yes.
CHAIRMAN STRAIN: On page 25, is there any questions?
Michelle, I have one question. On the top of the page where it references BEBR, it says, the official
BEBR population estimates and projections, we do modifY those. Do we need to make a clarification, as
modified by the Collier County Comprehensive Planning Department for scasonal --
COMMISSIONER MURRAY: Adjustments.
CHAIRMAN STRAIN: -- any adjustments that we make, or do we not make them under the
context of this issue?
MS. MOSCA: I don't believe we make them under the context of this issue. We use the BEBR
numbers, and for seasonal population we add the, what is it, 20 percent.
COMMISSIONER MURRAY: But it does relate to level of service?
MS. MOSCA: The school district, they're using our BEBR numbers, and they're using the October
numbers. They're not --
COMMISSIONER MURRAY: Okay. So it's automatic?
MS. MOSCA: That's correct.
COMMISSIONER MURRA Y: Okay.
CHAIRMAN STRAIN: Okay. Twenty-six? Twenty-seven? Twenty-eight? Twenty-nine.
MS. MOSCA: Mr. Chairman, I have -- and this will be something that we'll need to change. This
is both with the Future Land Use Element, and it continues all the way through to page 30, the Golden Gate
Area Master Plan, the Future Land Use Element, and the Immokalee Area Master Plan.
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Staff had provided, in addition, that if those -- if the SBR expires, then those sites that were mapped
under -- or were approved under the SBR would be either subject to the SBR or they would be subject to
the LDC at tinle of site submittal. But since we now have the language change, that we just previously
went through that discussion, we'll need to make changes to this language as well.
CHAIRMAN STRAIN: I would agree, but, see, our language change is a recommendation to the
board. I don't know how you have to present that, but I surely want -- don't want to let them think we're
trying to usurp any of their authority in making these changes. We're recommending a change.
MS. MOSCA: I should clarify, yes, the recommendations. We'll have to make similar
recommendations to those three elements to address the LDC issue.
CHAIRMAN STRAIN: I ab'Tee. Page 30? Thirty-one? And the last page on this section is page
32.
Okay. We have the adoption documents, the first of which is the ICE, Intergovernmental
Coordination Element. It says adopt -- it's the first one behind the adoption documents tab. Very little has
changed in that. Is there any -- any issues with the changes that have been made? It's five pages.
The second document behind that adoption tab is the Capital Improvement Element, which is about
20 pages. Are there any questions on the Capital Improvement Element?
On CIE 7, the top of the page, about the sixth line down, the word existing was capitalized, now
there's a small letter. Is there a need to suggest that it's existing public facility deficiencies that we're talking
about so we don't mix it up with the -- except with the public school facilities, or is that not necessary?
MS. MOSCA: We can add it for clarification.
CHAIRMAN STRAIN: Small item. Anything else anybody have on that element? It goes on to
the third tab.
Michelle, when we had met, on page eIE 29 and CIE 30, there seemed to be a duplication between
what was added to paragraph five and what was G on page 30. Did you --
MS. MOSCA: Mr. Chairman, have we jumped from 9 all the way to 29? Did you want to go -- I
have some additions to CIE 10. Do you want to --
CHAIRMAN STRAIN: That's fine. No, let's take your additions. We'll go right to them now,
that's fine. Yeal1, I'm moving -- these are -- go al1ead and -- they seemed rather -- not -- there's not that
much in iliese so I was moving faster through them, but go al1ead.
MS. MOSCA: [just want to make sure -- I guess what we could do is the paperwork that I passed
out this morning, the petition CPSP-2007, the proposed changes, if we couldjust approve all ofthose at the
end with modifications, then we could continue to move forward. It's just trying to keep up with, like you
folks are, two and three documents in your hands.
CHAIRMAN STRAIN: Well, the documents you passed out, you've got to tell us specifically.
There's one, two -- there's four pages, some are two sided. Which one of the documents are you referring to
in the discussion you just had?
MS. MOSCA: Actually I -- the changes that I have, just so you're aware -- and I guess we don't
have to go through them again -- changes to policy 4.2 were in response to objection one and objection five,
so we don't need to go through each page and discuss the objection to the ORe. J didn't know if it would be
helpful or not. But since we've gone through the ORC objection responses --
CHAIRMAN STRAIN: Right.
MS. MOSCA: -- that's fine.
CHAIRMAN STRAIN: That's why I was moving so fast. We went through it there already.
MS. MOSCA: Okay. Ijust didn't want to -- Ijust didn't want to miss anything and--
CHAIRMAN STRAIN: Well, my point is--
MS. MOSCA: Yeah.
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CHAIRMAN STRAIN: --I think if we've gone through it there, it applies here.
MS. MOSCA: Yes, it does.
CHAIRMAN STRAIN: Okay, good. And that was the intention.
MS. MOSCA: Okay.
CHAIRMAN STRAIN: Now let's move through the document. Does anybody have any questions
through the end of the document?
And Michelle, I had just asked you one about CIE 29, and then the language that's there mirrored on
item G on page CIE 30. Is that supposed to be that way or is that just a double reference that isn't needed?
MS. MOSCA: I believe it's repetitive. But, I mean, for clarification, if we want to add that in there,
I don't -- I don't think it's an issue. We can delete it, because it is in J as well, unless the school district--
CHAIRMAN STRAIN: Well, under five, updated Capital Improvement Element, you have a series
of underlined text that acts as introduction to the numeric -- to the letters underneath it, starting with A.
Well, then A, B, C, D, E, F, and G, G then repeats the same language that's in the introduction of the
underlying text.
MS. MOSCA: I agree.
CHAIRMAN STRAIN: Well, which one gets dropped?
MS. MOSCA: Well, why don't we -- we can delete the introduction language and just --
CHAIRMAN STRAIN: Okay.
MS. MOSCA: -- add it to G, anything that doesn't appear in that paragraph.
CHAIRMAN STRAIN: Okay. Does anybody have any other questions in that document? If not,
we can move on to the Public School Facilities Element. The updating of this was from the ORC Report. Is
there any questions?
(No response.)
CHAIRMAN STRAIN: Michelle, go al1ead?
MS. MOSCA: When we get to policy 1.4.3, we have new language as provided to you folks this
morning, and I'll put that on the visualizer.
CHAIRMAN STRAIN: Okay.
MS. MOSCA: And the county is comfortable with the new language. Both the district and the
county worked on that language.
CHAIRMAN STRAIN: Okay. Anybody have any concerns with the language?
(No response.)
CHAIRMAN STRAIN: Okay. That takes us to tl1e -- it's not labeled. It's another -- you all--
Planning Commission goes next. The next tab is a data and analysis section. It's got a blue cover on it
that's pretty colorful. That's just a grouping of data that we received for the most part the first time. "lbere
are some paragraphs of change in there.
Does anybody on the Planning Commission have any wishes with that document, with the
exception, Michelle, of the tigure seven issue that I spoke to you about?
MS. MOSCA: Yes.
CHAIRMAN STRAIN: Did that get resolved?
MS. MOSCA: That did get resolved, and it's also in the change sheet for today that's listed in there.
So we'll remove the references to figure seven, because the sites do not appear on those maps. They've
been relocated into a table on the map.
CHAIRMAN STRAIN: Okay. Amy, you look puzzled.
COMMISSIONER CARON: Yeal1. Where is that?
CHAIRMAN STRAIN: It's on page 26 of the data and analysis.
COMMISSIONER CARON: Yep.
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CHAIRMAN STRAIN: In there it referred twice in the second underlined paragraph that there's a
figure seven locating certain facilities. There is no figure seven locating certain facilities. It's a table. So all
we're simply dropping is the reference to figure seven since it doesn't exist for that purpose.
The next tab is a school concurrency tab. It's titled Collier County Interlocal Agreement for Public
School Facility Planning and School Concurrency. It's got a green cover on it. And this is the interlocal
agreement that's been talked about. There are some minor changes necessary that I believe Michelle ha'i
picked up, and it's items one through six on the cover sheet she passed out to us.
MS. MOSCA: And in addition to that, Mr. Chairman, also on appendix D of the ILA, the same
change that's listed under section 5.1, change November to October. That would allow additional time for
the local governments to adopt the district CIP, and fue CIP should be in effect by October I.
So I don't know if that's an issue. We didn't discuss fuat with the school district. I don't know if that
would be an issue or not lor them to provide it to us a month earlier. It will be in effect then.
CHAIRMAN STRAIN: Does that work for you guys?
MR. HARDY: Yes.
CHAIRMAN STRAIN: Yes, affirmative.
And I notice in this document we have some of the same paragraphs involving some of the
comprehensive issues that we've talked about. Shall adopt and how we handle the effect on the local
govcrrunent's ability to maintain feasibility. That language will -- ones we already have recommended, that
would apply to this document's references as well.
MS. MOSCA: Yes, uh-huh.
CHAIRMAN STRAIN: Okay. On page 5, I see you've made a correction on the boards. On page
10,5.1.4, that's the one we just talked about. Instead of November we're going to say October. On 5.1 on
page 10.
MS. MOSCA: And Mr. Chairman?
CHAIRMAN STRAIN: First sentence. Right?
MS. MOSCA: Ifwe could -- that's correct, but if we could also go back to page 8, 4.2, and that's
listed as item number two, if you need to discuss that further. Just had to relocate the text. It was
incorrectly located previously.
CHAIRMAN STRAIN: Okay. Section -- the next one will be section 8.2. Increase or decrease --
you're going to reference -- the term inlpact is going to be deleted?
MS. MOSCA: That's correct, and that's listed on fuat handout sheet as well.
CHAIRMAN STRAIN: All right. And 8.5, delete educational plants and insert educational
facilities and/or sites to clarifY.
If the school system has any problems with these, yell out, stand up, come to the mike.
MS. MOSCA: That was actually their proposal, so I'm sure they're okay with it.
CHAIRMAN STRAIN: Okay. 12.2, educational facility and delete the word facility -- and let's
see. And that is -- that's it, I think, in the notes.
MS. MOSCA: And general -- Mr. Chairman, and generally throughout I'd say the majority of
documents, if the commission would allow us to make the grammatical changes necessary, capitalizing,
definitions, those types of errors that we didn't catch the first time around, second time around.
CHAIRMAN STRAIN: Yeah, there's a lot of -- there's a lot of definitions that aren't capitalized --
MS. MOSCA: I agree.
CHAIRMAN STRAIN: -- but I didn't want to spend the time on that.
MS. MOSCA: Just so that, part of your recommendation, if you would allow us to do that.
CHAIRMAN STRAIN: Yep, okay.
The last part of the book is more or less redundant and old stuff. We have the ORC Report, which
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we've really gone over the meat of that in the first time, the FUE correspondence, which supports some of
the positions taken, the advertisement, the ordinance and exhibits, which are the actual text of stuff we're
already reviewed, then, of course, the balance of the document, which is all your data supporting the
document itself.
I want to ask staff if they've understood the direction we've given on the various -- I think the bigger
components. There's only two or three of significance. The rest is small changes. Are we all good to go on
what you expect to do lor the consent agenda?
MS. MOSCA: I believe so, but I do want to mention that the public school facilities maps, we are
in the process of up -- graphics department is in the process of updating those, some of them mislabeled. I
just want to mention on the record, those will be brought to you under the consent agenda, the new maps.
We inadvertently omitted some of the schools or mislabeled them, so we're recreating those maps.
CHAIRMAN STRAIN: Michelle, there's been -- when the ORC response was provided to us for
the underlining, you took those responses and incorporated them into at least two or three or four different
documents that were given to us in the packel.
MS. MOSCA: That's correct.
CHAIRMAN STRAIN: When you give us a new packet, could you highlight the changes that
we've asked for, or however you're going to highlight our recommendations? And I don't know if you're
going to do it by a separate sheet or not.
But what I'm asking is, don't give us four inches of documentation again. Just -- we're only looking
for what we're dealing with.
MS. MOSCA: And that's what we would do for the consent agenda. I'd probably itemize
everything and include it in the actual ordinance exhibit.
CHAIRMAN STRAIN: Okay. Does that sound fair to everybody here?
COMMISSIONER VIGLIOTTI: Reasonable.
CHAIRMAN STRAIN: Okay. I understand the school staff's position and that is the -- shall--
talking about the two big items in the concurrency items. You're not in agreement with two of those, if I'm
not mistaken. If you want to be very clear for the record so we know where we're all going, I'd appreciate
it.
MR. DEYOUNG: That is correct. I think the two items that we are still not in agreement on are the
changes to the language to the interlocal agreement regarding the SBR.
CHAIRMAN STRAIN: Right.
MR. DEYOUNG: And the changes to the ClE.
MS. TREV ARTHEN: We couldn't find it in the ClE.
MR. DEYOUNG: Oh, I guess you didn't find the change to the ClEo
CHAIRMAN STRAIN: Well, I think the other big issue -- that was a grmatical change. That
was just -- but the other big issue was the one in which we shall adopt. And we're suggesting it be
conditional upon meeting the intent -- our feasibility of our GMP.
MR. DEYOUNG: Correct, that's the other one. Thank you.
CHAIRMAN STRAIN: And I understand you guys disagree with that point, so as long as that's
clear for the record, then I think a motion to entertain approval of CPSP-2007-7 with the discussions and
stipulations that we had and direction to staff would be appropriate.
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Mr. Vigliotti made tl1e motion. Is there a second?
COMMISSIONER MURRAY: Sure.
CHAIRMAN STRAIN: Mr. Murray made the second.
Is there any discussion? Randy?
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MR. COHEN: Mr. Chairman, just for the sake of clarity -- and I want to concur with the county
attorney on this. I believe you probably should act on each individual item separately, the Public Schools
Facility Element, the ClE --
COMMISSIONER VIGLIOTTI: Why?
MR. COHEN: We've done that in the past, that's why, you know.
COMMISSIONER MURRAY: It's a package.
CHAIRMAN STRAIN: Why don't you tell us what items you believe are incorporating our -- we're
looking at this whole book we just walked through. Our motion incorporates all the changes for all the
documents in this entire book we just talked about.
MS. MOSCA: Okay. That would be for the Public School Facility Planning and School
Concurrency Interlocal Agreement, Public School Facilities Element and Data and Analysis Report,
amendments to the Capital Improvement Element, Intergoverrnnental Coordination Element, Future Land
Use Element, Golden Gate Area Master Plan and Irrnnokalee Area Master Plan.
CHAIRMAN STRAIN: Okay. Was it the intent of the motion maker to--
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: -- have it apply in that manner?
COMMISSIONER VIGLIOTTI: Yes, I'll add that to my motion.
CHAIRMAN STRAIN: Was the second?
COMMISSIONER MURRA Y: I'll concur.
CHAIRMAN STRAIN: Okay. Further discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries, 5-0, and we will review it again on the consent agenda.
This meeting will need to be continued until September 18th starting at 8:30 in the morning. First up
on that agenda will be the two, seven and eight that we heard and the consent items that we will have to go
through, or whenever the consent items are up.
I would appreciate it if you gave the school board ample notice about the consent agenda timing.
Generally substantial changes aren't made during the consent process. That's really an acknowledgment
that statT got our comments correct, and then we go from there. But you're more than weleome to attend
that meeting, and hopefully it will be short and sweet.
And with that, is there a motion to adjourn until -- and we are -- it is September 18th at
approximately 8:30 in the morning.
MS. MOSCA: That's correcl.
COMMISSIONER WOLFLEY: So moved.
COMMISSIONER VIGLIOTTI: Second.
CHAIRMAN STRAIN: Mr. Wolfley, seconded by Mr. Vigliotti.
All in favor, signify by saying aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
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16 , IAugA29,Q8
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries. We are continued.
*******
There being no further business for the good ofthe County, the meeting was adjourned by order of
the Chair at 1:41 p.m.
v-Ct P
COLLIER COUNTY PLANNING
"OMMISSION
MARK STRAIN, Chairman
These minutes approved by the Board on ) () - ~ c> 9>
corrected
, as presented
v
or as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY
TERRI LEWIS.
Page 74
16 leJn;~~4, 20~ 6
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida September 4, 2008
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LET IT BE REMEMBERED, that the Collier County
Planning Commission in and for the County of Collier, having conducted business herein, met on this date
at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Mark Strain
Tor Kolflat
Brad Schiffer
Paul Midney
Donna Reed Caron
Robert Vigliotti
Bob Murray
David Wolfley
ALSO PRESENT:
Ray Bellows, Zoning & Land Dev. Review
Joseph Sclunitt, CDES Administrator
JeffKlatzkow, County Attorney
Thomas Eastman, Dir. Real Property, CCSD
Misc. Carres:
Date:
Item#:
Page I Copies to
16 It_belt .hoc6
CHAIRMAN STRAIN: Okay. Good morning, everyone. Weleome to the Thursday, September
4th meeting of the Collier County Planning Commission.
If you'll all please rise for pledge of allegiance.
(The pledge of allegiance was recited in unison.)
CHAIRMAN STRAIN: Okay. For the court reporter, if[ talk too fast today, please let me know.
And Cherie says when I've not had a lot of sleep, I tend to talk faster. Well, after the speech last night, I
was all fired up last night. So I may not be talking -- I may be talking too fast today.
Item #2
ROLL CALL BY SECRETARY
Roll call by the secretary.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: I'm here.
COMMISSIONER CARON: Mr. Midncy?
COMMISSIONER MIDNEY: Here.
COMMISSIONER CARON: Caron is here.
Mr. Schincr -- Mr. Strain?
CHAIRMAN STRAIN: You stayed up all night, too, didn't you?
COMMISSIONER CARON: Exactly.
CHAIRMAN STRA1N: Here.
COMMISSIONER CARON: Mr. Vigliotti"
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: And Mr. Wolfley?
COMMISSIONER WOLFLEY: Here.
COMMISSIONER CARON: Thank you. Mr. Eastman.
MR. EASTMAN: Here.
CHAIRMAN STRAIN: Is that because of my beard you got us mixed up or our hair?
Maybe the sunglasses. I don't know.
Item #3
ADDENDA TO THE AGENDA
Addenda to the agenda. I guess I want to explain the agenda this morning. We have a dual meeting
today. The first part of the agenda is going to be on a regular kind of hearing. We have a series of issues,
consent agenda items and five regular hearings, including Moraya Bay, Silver Lakes and two churches.
After that portion of the meeting is adjourned, we're going to reconvene right after that -- and I don't
expect that to happen much before noon -- in another meeting for the continuation of the LDC Cycle One
2008, I think it is.
MR. SCHMITT: 2007.
Page 2
Jl E) I Jl~il1be1\,2001:)
CHAIRMAN STRAIN: 2007?
MR. SCHMITT: Well, LDC 2008 cycle.
CHAIRMAN STRAIN: I know what year it is, but sometimes we run -- the cycles tun over.
Now,just for the sake of those who would be attending the LDC meeting, the last time we met we
left off and we finished with 3.05.07(H)(l)(G), preserve management plans. And that was on page 193. So
this time we will be picking up and continuing that afternoon meeting with page] 97 of the LDC cycle. So
if you're here for that, that's where we'll be going.
I did receive an e-mail last night from the CRA in Irnrnokalee. And they were asking that we not
hear the Immokalee one today to give them more tinle until our next meeting in order to review it. Because
contrary to what they thought was going to happen, they had not been notified about that particular LDC
change. And I think, by all means, we ought to delay that and seek their input, assuming there's no
objection from this Board.
COMMISSIONER VIGLIOTTI: Not at all.
CHAIRMAN STRAIN: So that means we would not then hear the Immokalee items lor today.
Now, there are two of them. I think they're only concerned about one, but Ijust assume we discuss both of
them together in the future.
So even if we were to get through the afternoon and get to pages 23 and 49 in our LDC cycle, those
will not be discussed today. They'll be deferred to the next meeting.
And I know, Mr. Mulherc, you're here for that one, too, aren't you?
MR. MULHERE: That's one of the reasons I'm here.
CHAIRMAN STRAIN: Okay. Well, you can save them money by not sitting here all day waiting
for that. Not that I want to see consultants lose money at all, but --
MR. MULHERE: I don't think they're paying me anymore.
CHAIRMAN STRAIN: Okay. As far as addenda to the agenda, is there any changes to the
agenda?
(No response.)
CHAIRMAN STRAIN: Okay. Hearing none, we will then continue with that once we get into the
meeting.
Item #4
PLANNING COMMISSION ABSENCES
Planning Commission absences?
Our next meeting is the 18th of this month. It will probably be another full-day meeting like today
will be. And, by the way, full day -- I was informed by Mr. Murray that at five today there's a budget
hearing in this room, so we'll probably have to end our meeting around 4:30 or so.
But as far as the 18th, knowing that we're going to have add-on LDC amendments on that date, we'll
probably continue. That will probably be a long meeting, as well.
Is everybody here able to make that meeting?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay. Good.
Item #5
APPROVAL OF MINUTES -- JUL Y 17,2008 REGULAR MEETING; JULY 30, 2008, LDC MEETING
Page 3
16 'eLblrA200t>
We have two sets of minutes for approval. The first one is July 17th, 2008, regular meeting.
Is there a motion to approve?
COMMISSIONER WOLFLEY: So move.
CHAIRMAN STRAIN: Motion made by Commissioner Wolfley.
Is there a second?
COMMISSIONER VIGLIOTTI: Second.
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Second by Commissioner Caron.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Aye.
CHA1RMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries eight to zero.
Second set of minutes are July 30th, LDC meeting.
Is there a motion to approve?
COMMISSIONER VIGLIOTTI: So move.
CHAIRMAN STRAIN: Mr. Vigliotti made the motion.
[s there a second?
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Seconded by Commissioner Caron.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in Javor signify by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries eight to zero. Thank you.
No BCC report available at this time.
Page 4
16111. It 6
Septemb r 4, 2~8
Item #7
CHAIRMAN'S REPORT - NONE
Chairman's Report. Well, that's an opportunity for me to make a few comments. But after the
terrific speech last night, I can't make any comments. So I'm going to let it go at that.
Item #8A
PETITION: PUDZ-A-2007-AR-11914
Now we'll get into the consent agenda items. And, by the way, for those of you waiting for specific
items on the agenda, you might want to wait until we get past the consent and we get into the first issue to
make sure everything is running smooth before you decide on the timing of today's hearing.
So I know there's some people in here for one ofthc ending items. You might just want to wait a
little bit and see -- make sure we're on the right track.
Under consent agenda we have a Germain Properties of Columbus, lnc. Is there any comments?
Ms. Caron.
COMMISSIONER CARON: Well, I do have comments to make on this. I'm going to ask that this
project come back to us. After the meeting -- well, let's start with during the meeting the representative
rrom Fishkind --I had asked him a question about some of the figures in his needs analysis. And he stated
to me that included in his figures were figures for the Lexus dealership, which is adjacent, abuts the PUD
that we were talking about.
Nowhere in his report -- and I also asked comp planning lor some additional backup that they had
that I didn't have, which turned out to be nothing but street addresses of residential properties around the
area. So when I asked and he said it was included, I took him at face value.
But in going back, I can't find that. I can find every other dealership in the area, but Lexus is not
listed there anywhere. And there's a chart in here that shows everybody else that was listed.
As a result, there was no plausible rationale given for the doubling of the intensity at this area or
placing 60 percent of the 2020 future needs at this activity center.
Now, they may be able to do that. Fishkind may be able to show where those figures are. I'd like to
see it. Right now there is no way that anybody can read through this needs analysis and find the Lexus
dealership alone, never mind the expansion that they were just granted. So I'd like to have this come back
so we can get it analyzed.
CHAIRMAN STRAIN: Mr. Wolfley.
COMMISSIONER WOLFLEY: You know, I was going to make a note about it being Germain.
But I recall you talking about that and I think some of your issues werc that they took population figures
rrom Bonita and north of that.
COMMISSIONER CARON: No.
COMMISSIONER WOLFLEY: That wasn't the --
CHAIRMAN STRAIN: She's looking for -- she's talking about a response to a question, which a
specific answer was different than what the documentation showed.
COMMISSIONER WOLFLEY: I see. Okay. I got you.
CHAIRMAN STRAIN: Mr. Mulhere, do you want to address that or Mr. Thornton?
Are you guys lamiliar with the issue; do you have any -- did you know about it before today?
MR. MULHERE: For the record, Bob Mulhere. No, I didn't know about it before this was brought
Page 5
16 Je!~A, 2006
up. And, I guess, my first response would be: I think that regardless of whether that was included -- I don't
know the answer. We'd have to get Russell here.
I think that there was still sufficient justification for the approval -- the recommendation of
approval. I guess I'd have to know whether or not the rest of the Planning Commission feels that this
warrants a further continuation.
CHAIRMAN STRAIN: Well, the only basis I think we ought to be looking at -- and it's a good
point that was brought up. First of all, everything that is on record ought to be factual.
MR. MULHERE: I understand.
CHAIRMAN STRAIN: The fact that something was told to us that is not true is very disconcerting.
MR. MULHERE: But we don't know whether it's true or not.
COMMISSIONER CARON: I don't know if it's not true. I just am telling you you carulOt read this
report and find that information. So you can't make that judgment.
CHAIRMAN STRAIN: I guess it boils down to then: If that report came out and the judgment in
the report was that Lexus was not included and it should have been, and it is included and it has an impact
on how much current dealership space there is out there -- it would obviously be more than maybe the
report showed, if it didn't include it, does that make a difference in the outcome of the vote of this
Commission?
MR. MULHERE: Yeah. Because the question is: Does it materially affect your--
CHAIRMAN STRAIN: And that's where I'm going, right. And from my perspective, I didn't see
that as -- to be honest with you, I wanted to make sure the report was done. But that particular issue didn't
concern my decision too much only because they're zoned for the type of use they have. And they got the
zoning, so I wasn't too upset over it. But I certainly want to defer to what this Board feels is the right thing
to do.
What would everybody here like to see? Because there are some other corrections needed on the
consent agenda item that needs to be corrected, but we can do those at the meeting today.
Comments from the Planning Commission?
COMMISSIONER MURRA Y: Yeal1.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: You know, there's only the one item on the consent agenda,
correct')
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: So what other items -- that might impact on how a person might
judge whether to go forward or not. Are they significant?
CHAIRMAN STRAIN: No, there's nothing else. Just house-keeping matters.
COMMISSIONER MURRAY: Well, I'd like to go forward on it. I don't think that it has a material
effect, does it? I'd like --
CHAIRMAN STRAIN: Anybody else have any desire to see this continued?
COMMISSIONER VIGLIOTTI: No.
CHAIRMAN STRAIN: Okay. Well, let's go into the discussion. I would like to make the record
clear with Mr. Mulhere, who appears before us many times, and Mr. Thornton that regardless of how this
resolves itself today -- Melissa, let me fInish with Bob.
Bob, we need an answer --
MR. MULHERE: I understand.
CHAIRMAN STRAIN: -- to Ms. Caron's concern. And I would like it before the Board of County
Commissioners meets. That way if any of us see that and it has impact on us, we can at least discuss that
with our Commissioners or go before the Board and tell them we have concerns.
Page 6
16 I 1 ilseptAber ~08
Can we get that commitment out of you?
MR. MULHERE: Yes. Yes, you can. We'll be in touch with Fishkind today and we'll--l guess
we can come back before you at your next meeting.
CHAIRMAN STRAIN: We're going to go forward with the consent agenda item today.
MR. MULHERE: Right.
CHAIRMAN STRAIN: I'm a'iking that you still address this and you address this to us before it
goes to the BCe. I don't care if it's bye-mail, but I want -- it needs to be clear. We need to understand why
it occurred and how it is or it is not contained. And if it is not contained and it becomes contained in the
report, what impact does it have, if any.
MR. MULHERE: I'm going to suggest that Russ first directly contact Commissioner Caron and
have a conversation with her first.
CHAIRMAN STRAIN: That's line. But we all need the benefit of that outcome.
MR. MULHERE: No. I think that's the appropriate course of action.
CHAIRMAN STRAIN: Okay. Then let's go on to the changes in the consent agenda item. I found
a couple of errors. And there may be more than the ones I came up with. I'll mention mine right off the bat.
Exhibit E under landscaping two. 1hc way the buffer is described there conflicts with what we
discussed in the meeting. I've met with staff and suggested ways to clean it up. And maybe that is what
we're going to see in rront of us.
The only item I mentioned to you is that the buffer is also -- the buffer is only along the west and
there isn't a buffer along the southern side, is there?
MS. ZONE: There is.
CHAIRMAN STRAIN : You have to use the microphone.
MS. ZONE: I'm sorry. Melissa Zone.
CHAIRMAN STRAIN: Oh, that's the ncxt one. That's the environmental issue.
MS. ZONE: Correct.
CHAIRMAN STRAIN: That's right.
Okay. Well, anyway, if you'll recall, it said opaque fence and now we're going to an architectural
concrete masonry wall. And it went to eight feet high, instead of six.
MR. MULHERE: Except I have one issue, minor, as it relates to number two. It still conflicts with
-- a little bit with number five under planning. And I think it could be addressed if in the second sentence if
it read as follows: This buffer may include water management areas and shall include an architecturally
concrete or masonry wall a minimum of eight feet in height, comma, as described above under planning
item number five. Because there's a distance limitation.
CHAIRMAN STRAIN: I think that's fine. Docs that work for everybody?
Melissa, do you understand the language?
MS. ZONE: I do and I'm writing it down.
CHAIRMAN STRAIN: Bob, I can bring -- I got the survey and everything with me. It's in another
package. And I've got so many books it will take awhile to dig it out. But do you recall the as-built survey
I had asked for?
And in that survey it shows a fence in the preserve area on the western edge in the comer. I just
want to make sure through staffthat this language doesn't preclude that fence from remaining there because
it's been one that's in existence for quite some time.
MR. MULHERE: Are we --
CHAIRMAN STRAIN: To the left --to the south. If Richard was doing this he wouldn't know
which direction, but let's go south.
MR. YOV ANOVICH: I would know. I just would get it wrong.
Page 7
16 I 1 sJAemb6,2008
CHAIRMAN STRAIN: Does that say "fence" there; is that the--
MR. MULHERE: It says concrete wall.
CHAIRMAN STRAIN: Well, whatever it is, I want to make sure that this language doesn't
preclude that rrom being there. Because if you read the language, it says: It shall not be required in the
preserve area. And it says a fence.
Does that mean a wall will be allowed as it stands?
COMMISSIONER CARON: Concrete retaining wall.
MR. MULHERE: Yeal1. That wall is part of the storm water management system.
CHAIRMAN STRAIN: Okay. Good. So no effect then.
On the next page under environmental we had discussed some of these issues at the meeting. I
would suggest that the word -- the way it's written is a little difficult. Exactly 1.95 is problematic, I would
think, in the future. I think we would want no less than 1.95. And that the acres located along the southern
and western boundary. And, yep, looks like you got that.
And let's see. That's fine. That looks like the changes on that one that we had talked about.
Are there any other changes to the consent agenda item?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: And it's Exhibit B, footnote number two. Bob, when I read that,
that last sentence using the concept of the remainder, would you have a problem if you changed that to: All
paved areas adjacent to the preserve shall be curbed?
MR. MULHERE: Let me take a look at it.
Okay. I'm sorry. Let me just get to the right -- number two.
COMMISSIONER SCHIFFER: And here's my concern. We're describing that the 200 feet has to
have a wall. And then it says: Except that existing vehicular use areas may remain where currently located.
And then it says the remainder.
So, essentially does that take the 200 wall, plus the existing, and then what's the remainder of that?
MR. MULHERE: I think the intent was to curb any interface bctween asphalt and a preserve.
COMMISSIONER SCHIFFER: Okay. Then why don't we change the last sentence to: All paved
areas adjacent to the preserve shall be curbed?
MR. MULHERE: Yeah. That works.
COMMISSIONER SCHIFFER: Okay. Thanks.
MR. MULHERE: So all preserved areas adjacent to the preserve --
COMMISSIONER SCHIFFER: Or all paved areas.
MR. MULHERE: All paved --
CHAIRMAN STRAIN: All paved areas adjacent to the preserve will be curbed.
MR. MULHERE: Makes sense, unless there's a wall.
CHAIRMAN STRAIN: Right, right.
COMMISSIONER SCHIFFER: That's a big curb.
MR. MULHERE: That's a big curb.
CHAIRMAN STRAIN: Where a wall docs not exist.
MR. MULHERE: Right. Where a wall does not exist.
CHAIRMAN STRAIN: Melissa, arc you solid on this?
MS. ZONE: If you could repeat it one more time.
CHAIRMAN STRAIN: Okay.
MR. MULHERE: I've got it. All paved areas adjacent to the preserve where a wall does not exist
shall be curbed.
Page 8
16 I 1" ~ A ser&ber 4, 2008
CHAIRMAN STRAIN: Sounds good.
Everybody happy with that?
(No response.)
CHAIRMAN STRAIN: Okay. We've made three changes to the consent agenda item.
Is there a motion to approve the consent agenda item?
COMMISSIONER SCHIFFER: So move.
CHAIRMAN STRAIN: Mr. Schiffer.
Is there a second?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Mr. Vigliotti.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: The motion carries. Thank you.
Okay. Now we'll get into our regular agenda. And I guess before we start I want to make sure how
we're supposed to hear these. Originally there were three items advertised together as what, I believe, were
companion items.
We have two of them today. One of them didn't make it because of an error in advertising. And it
wasn't a staff error. It turned out, I understand it, to be a Naples Daily News error.
In that regard, we have two items then that are potentially companion items. And rrom a
perspective of hearing them, can we hear those individually?
Do we have to hear tllem jointly and then vote individually; is there a preference that's needed?
Mr. Klatzkow.
MR. KLATZKOW: It's your decision how you want to do them. You can hear them individually
and vote individually. You can hear them as a group, ifthat's what you want (0 do. Whatever you think is
most appropriate.
CHAIRMAN STRAIN: Is there any reason either one of them couldn't stand alone on its own; do
you know?
MR. SCHMITT: Commissioner, there's no reason. They're two separate conditional uses. They're
not -- they impact the same property, more or less, but they are stand-alone petitions.
CHAIRMAN STRAIN: Okay. So we could pass one, fail one, fail one, pass another, fail them
both, pass them both?
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: And preferences or desires from the Board?
COMMISSIONER SCHIFFER: Individually.
CHAIRMAN STRAIN: Individually. Okay.
Page 9
16 J lwUil
. "'ep1ber 6008
Anybody else?
(No response.)
CHAIRMAN STRAIN: I have no problem with that. Well, then we'll take them one at a time
individually.
Item #9 A
PETITION: CU-2006-AR-11046
The first petition is petition CU-2006-AR-11046, VI Limited Partnership, Moraya Bay Beach Club
down on Gulf Shore Drive North.
All those wishing to testifY on behalf of this application, please rise to be sworn in by the court
reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Is there any disclosures on the part of the Planning Commission?
Mr. Murray.
COMMISSIONER MURRAY: Yes. I had a conversation some while ago with Dr. Bing and also
recently with Mr. Y ovanovich regarding this matter.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Vigliotti.
COMMISSIONER SCHIFFER: Yes. I had a conversation with neighbors, Bruce Burkhard and
Susie Steeple. And then I was in a meeting yesterday with Frank Halas, Joe Schmitt and Leo Ochs
discussing the mass of the building.
CHAIRMAN STRAIN: Anything to do with this particular application?
COMMISSIONER SCHIFFER: Yes.
CHAIRMAN STRAIN: Okay. Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: I had a telephone conversation with Mr. Yovanovich regarding
some questions I had.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: I did not have any discussion with the petitioner. I have had
discussions with neighborhood people.
And at this point I would like to turn to the County Attorney. Apparently this petition intends to
affect another PUD, the Wiggins Bay PUD.
Mr. Klatzkow, I live in Wiggins Bay and I just want to make sure that we are fine, as far as any
conflicts. I don't live near the tract that they're considering. I have no interest in it.
MR. KLA TZKOW: Yeah. We spoke of this rather extensively. And I asked you whether you had
any financial interest in it and you said no.
COMMISSIONER CARON: No.
MR. KLATZKOW: And you informed me that there was something like 850 residents, which
make whatever possible interest you might have remote and speculative anyway. So it's my opinion you
have no issue with respect to this matter.
COMMISSIONER CARON: Okay. I wanted to get that taken care ofuprront.
But I also have -- I have an issue with the whole Wiggins Bay. They apparently have -- and it's
buried here in our report. It's not in the staff report, but it's buried in other information that we have.
The intent is for them to have off-site parking that they want to use on this other PUD. That other
PUD has neither been noticed. There's not been a neighborhood information meeting. There has been no
advertising. It hasn't been included in the advertising for this thing.
Page 10
16 , 1~'teJr4,~
And I believe -- and I'll ask the County Attorney. But I think that all of this should come about
together and we should not hear this until some questions are answered with respect to Wiggins Bay.
MR. KLATZKOW: My understanding is there's a pending administrator parking reduction request
that was very recently submitted to staff So I'm not sure how much time staff has had to really look at this.
MR. BELLOWS: For the record, Ray Bellows. Those are freestanding procedures. As part of the
conditional use, I think all the applicant has to do is to describe how the parking is to be done or handled.
The actual process doesn't have to be -- coincided with the actual conditional use. It's a separate process,
kind of like the variance.
COMMISSIONER CARON: Well, it may be a separate process, but if you're going to allow one
PUD to affect another PUD without any notification and -- I mean, that just seems to fly in the face of how
we do business here in the County.
And I'm not saying that anything is right, wrong or indifferent with what they're attempting to do,
but there has been absolutely no notification to anybody at Wiggins Bay. The Foundation hasn't been
notified. There's been no neighborhood information meeting. There has been for Moraya Bay.
CHAIRMAN STRAIN: Richard, this isn't an issue for the applicant at this poinl. I wanted to
resolve the issue with staff before you get into it. So I'm going to not -- I'm not going to ask you to speak at
this moment. I want to flush out the issues first with stan..
Ray, the Wiggins Bay PUD is an existing PUD. The property they intend to put this shuttle on,
which I certainly found in the docwnentation that Ms. Caron is talking about -- and I thought it was
surpnsmg.
Is that piece in the pun zoned for the activity they're proposing and would they need a
neighborhood informational meeting or is there any required meeting that they would have to have,
regardless of the issue?
I mean, I want to make sure we're on the right track and if we're going in the right direction. Is an
NIM something that would have been required for the Wiggins Bay PUD in regards to this use on the
location that they're requesting?
MS. DESELEM: If I may.
CHAIRMAN STRAIN: Sure.
MS. DESELEM: Kay Dcselcm, Principal Plarmer with zoning. As noted in the supplemental staff
report that you received, this is an application that came in on August 7th. And it's administrative.
The applicant has provided information to say that the piece that they're seeking to have this parking
on is zoned C-2. And parking is a permitted use in C-2. As part ofthat PUD, it's like they can have the
uses in C-2 although it's zoned PUD. So it appears as though -- although, I haven't reviewed it and I don't
know. It hasn't been acted upon.
It appears as though the use would be permitted. It's administrative. There's no public hearings.
There's no neighborhood information meeting.
It's just like if you had a C-2 zoned piece of property next door to you and somebody came in to put
something on that tract that was an allowable use in that zoning district. They wouldn't have to notify the
neighbors. They would just proceed to the appropriate development approvals that they would need.
COMMISSIONER CARON: Will you show me where a parking lot is an allowed use in C-2?
MS. DESELEM: Yes. If you'll give me a moment to get the LDC, I'll do that. If you want to go on
to something else, I'll --
COMMISSIONER CARON: Yes. Do. Thank you.
CHAIRMAN STRAIN: Well, this is an important issue. It certainly impacts the people living in
that area and I want to take it carefully and understand it first before we go into anything else on this issue,
so -- while you're looking for that, Kay.
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16 Ilse~terrAr4,.
This is an off-street parking issue, but they're putting it in a commercial spot; is that --
MR. BELLOWS: That's correct. And any other private club, they could do the same iliing without
having a conditional use. Any existing private club could do tlle same thing.
CHAIRMAN STRAIN: Ifthey needed a neighborhood informational meeting, if they find out that
they do -- if I remember, you had conditioned the approval of the operation of this facility on the bona fide
acceptance of an off-site location; is that right?
MR. BELLOWS: Yeal1. There's no way the use could commence. The site plan for the project
would not be approved until all the parking is approved and any other processes, such as an off-site parking,
is approved.
They have to have 100 percent of the required parking accounted for one way or the other, whether
it's through a variance or through an off-site parking agreement.
CHAIRMAN STRAIN: In the future it would be better if all this was buttoned up and in a nice
package for us, instead of having to do --
MR. BELLOWS: Unfortunately, some of the off-site parking criteria requires it to be done at the
time ofSDP approval, which is usually atler zoning approval.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: Mr. Klatzkow.
CHAIRMAN STRAIN: Go ahead. Mr. Klatzkow.
MR. KLA TZKOW: Now, again, this was just recently submitted to staff~ so it has not been
thoroughly vetted. I'm not entirely sure that the parking that's allowed is an accessory to a use that's within
the PUD as opposed to be putting it in a parking lot within one PUD and shuttling people two miles away to
another.
I'm not sure of that issue at this point in time because, quite frankly, it hasn't thoroughly vetted by
staff at this point in time. So I think you might have an open issue here.
CHAIRMAN STRAIN: First orall, Kay, would you back that down so we can see what it is this is
coming under')
MR. SCHMITT: All the way down. All the way down.
CHAIRMAN STRAIN: Okay. C-2 commercial permitted uses. And the use that you're citing as
the one that they're qualitying under is seven.
Do you have the SIC code with you?
MS. DESELEM: I don't have a SIC code book with me. No, I do not.
CHAIRMAN STRAIN: Okay. Well, while you're -- hopefully someone has a question. I can pull
it up on the internet while we're talking.
Go al1ead, Mr. Schiner.
COMMISSIONER SCHIFFER: Okay. Kay, one thing on the parking lot they're putting together,
is there a restroom facility, shelter, stuff like that, or is it just a parking lot?
MS. DESELEM: I'm -- I haven't looked -- [looked at the site plan ever so briefly, but I think it's
just a parking lot. I'm not aware that there's any structures.
COMMISSIONER SCHIFFER: But the concern is that's going to be the function of the site. It's
just parking. It's not adjacent to a building. It does not have the facilities that a building would have. So
wouldn't you not have to provide all that?
MS. DESELEM: For a parking lot?
Not to my knowledge. A parking lot can be just that. It can be a parking lot.
COMMISSIONER SCHIFFER: Well -- but parking lots are normally associated with a building
which has facilities, so -- well, [ mean, I'm not comfortable that there's no facilities out at just a plain
parking lot.
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MS. DESELEM: As you see, it's a primary permitted use. It doesn't have to be accessory to
something like what you're -- you know, if you have a commercial building, you'd have to have the parking
for that use. But this is a use that's allowed.
COMMISSIONER SCHIFFER: I mean, I do think it would have to have those facilities, but that
would be something you would be judging by the building code probably anyway.
CHAIRMAN STRAIN: I can read 75.21 to you. It says: Automobile parking. Establishments
primarily engaged in the temporary parking of automobiles usually on an hourly, daily or monthly contract
or fee basis. Establishments primarily engaged in extending or dead storage of automobiles are classified in
transportation industry 4.226. The areas that are included under automobile 75.21 are garages, automobile
parking, parking lots, parking structures, and towing parking lots.
COMMISSIONER CARON: So parking lot.
CHAIRMAN STRAIN: So parking lots. Parking lots are specifically included in -- in item 75.21
and 75.21 --
COMMISSIONER CARON: Shall not.
CHAIRMAN STRAIN: Was that --let me make sure that's the number that was in there.
COMMISSIONER VIGLIOTTI: It is. 75.21.
CHAIRMAN STRAIN: 75.21 shall not construe the activity of towing. That answers the question
of the fourth one that I read on. the SIC code site that says towing parking lots.
So it looks like 75.21 in Collier County can include the first three, garages, automobile parking,
parking lots and parking structures.
MR. KLATZKOW: Commissioner.
CHAIRMAN STRAIN: Yes, sir.
MR. KLA TZKOW: But you're talking about the LDe. This is a PUD.
MS. ASHTON: Right. For the record, Heidi Ashton, Assistant County Attorney. We've done a
separate evaluation on this issue. And it's govemed by Ordinance 82-2, which is the PUD for Wiggins Bay.
Parking on its own is not permitted as a principal structure as the PUD is currently written. The parking
could be included as an accessory use to various principal uses.
If you'd like, I can put them on the visualizer lor you to review.
CHAIRMAN STRAIN: Yes. I think that would be helpful.
MS. ASHTON: It either needs to bc an accessory use or there needs to be a PUD amendment to
address the principal.
Let me just clarifY for the record. The PUD ordinance, which I can also put on the visualizer if
you'd like, refers to the land development code regulations that were in effect at the time the PUD was
adopted. So what this is -- excuse me -- I misspoke is the ordinance, the 82-2, which is the land
development regulations that were in effect at the time of the PUD.
CHAIRMAN STRAIN: Okay. And this is not a PUD that we have today that has automatic
updating to the current LDC. This one specifically said it was the LDC at the time the PUD was written.
MS. ASHTON: That's correct.
CHAIRMAN STRAIN: Thank you.
Ray, is there anything further down that's off of this page or is there a second page?
Okay. No, I meant pennittcd uses.
MR. BELLOWS: That's all that I see right now.
CHAIRMAN STRAIN: Okay. So the proposal to put parking on the C-2 in the Wiggins Bay PUD
would have to apply to this -- these permitted uses here.
Kay, have you reviewed that under that --
MS. DESELEM: No, it is not -- the review has not been completed. That's what I told you. This is
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still under review.
CHAIRMAN STRAIN: Okay. But today we're being asked to make a decision on a shuttle service
that is critical to the traffic problems up in Vanderbilt Beach. It seems to me, just as we found in the last
project that came through here that was partially completed -- and, in fact, we've got some information just
recently on that. I don't remember which one it was.
Oh, it was the easements on the church that we're going to hear today. If you'll recall, they were
going to take care of the easement problem betore they got to the BCC and not address it with the Planning
Commission.
Well, that project got sidetracked and had to be continued until they addressed it before they came
to us. These loose ends need to be addressed before they come to us, too.
MS. DESELEM: The condition that stan. has placed at the -- I think it's the last condition. I don't
remember the number, maybe seven, tor the conditional use for Moraya Club does state that they have to
make some provision. And it doesn't specifically state that this has to be the process.
CHAIRMAN STRAIN: Okay. But--
MS. DESELEM: But it states that they can't open that club until such time as they have evidence of
parking. They have to provide the parking.
CHAIRMAN STRAIN: I understand that.
MS. DESELEM: I'm paraphrasing.
CHAIRMAN STRAIN: No. I read it carefully. I've read every page. I understand what you're
saying. But it's back to the issue that this particular -- this Board in particular likes to look in detail at
everything.
We like to believe we're saving the Board of County Commissioners time in their review and
especially exploring new issues that may not have been disclosed completely or understood completely at
the time they were in front of us. 1 much prefer, and I'vc asked as a standard, as this Board has, that we
receive full and complete packages. And nothing gets addressed later, if it can be addressed now.
I don't know what the reason was for not addressing this earlier. I don't know why it couldn't have
been done in conjunction with today's meeting. But I think if you really wanted to put the package together
right and hope for a better avenue of success, that would have been done prior to today.
Now, if that's where staffs at --I understand your position. You've got an application. It came in
late. You haven't reviewed it yet in time for today's meeting. The County Attorney has provided us with
information that questions the validity of even putting it in the location suggested in the packet that we do
have.
Mr. Y ovanovich, now if you want to address any issues that you were impatiently waiting at the
microphone for.
MR. YOV ANOVICH: What I'd like to do, ifthe Planning Commission will indulge us in this is --
first of all, the parking is addressed two ways in the application.
The first way is that if we're -- we are going to pick people up at shuttle areas within established
residential communities, okay? So we would limit our membership to those people. Let me give you an
example.
The Dunes. If the residents of The Dunes are members of this beach club, we will go pick them up
at The Dunes. They already live there, their cars are already there, their guests are already there. We would
pick them up there, bring them to the club. So we wouldn't need to provide parking ifthe membership wa'i
limited, as Ijust described it.
It was only if we went to a membership outside of that, as I described it, where you have a
community that can have a shuttle stop. For instance, the Pine Ridge community, you're probably not going
to have a shuttle stop. So if you allowed members from the Pine Ridge community, then we would have to
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find a parking lot location. So that would have kicked in the second issue of that.
And we thought we had identified that. If we have not identified that, then we will have to deal with
that in order to expand our membership beyond residential communities that have shuttle stops.
We can -- if that's going to be an issue for the Planning Commission, we would like --I don't want
to ask for a continuance until -- I would like to have the opportunity to get all the issues out on the table
because there may be just more than one. Then, perhaps, it would be appropriate to continue the hearing,
come back and address the membership issue beyond residential communities and that parking issue and
any other issues that may come up through this publically noticed hearing.
So if that would work with the Planning Commission, I think it would probably be a more effIcient
use of the public's time, your time, our time, and staff's time to maybe get all the issues out. And if we still
need to deal with the parking issue to satisfy the Planning Commission on the membership issue, maybe a
continuance would be in order at that time.
CHAIRMAN STRAIN: What are the feelings of the Planning Commission?
Let me take the representatives rrom North Naples first. Mr. SchilTer and Ms. Caron.
COMMISSIONER SCHIFFER: When I read the report, I got the impression that that parking was
an additional thing that you would like to be able to add on. And that's essentially members outside the
residential properties.
MR. YOV ANOVICH: Correct.
COMMISSIONER SCHIFFER: So, I mean, obviously we -- if that wasn't accepted, then it's not
accepted.
But the impression of staff is that they're treating that like that's the required parking for the facility,
so I think there's two ditlerent things.
MR. YOV ANOVICH: No, we are not.
COMMISSIONER SCHIFFER: Okay. If they treat it as an add-on to what they're asking for, in
other words, the ability to have people that would drive to the area, park there and be shuttled in, then I see
no reason why we don't go ahead and then decide whether that is appropriate.
CHAIRMAN STRAIN: Ms. Caron, do you have any comment?
COMMISSIONER CARON: Well, I mean, we've been told what's going to happen for -- as far as
Wiggins Bay is concerned. And if we can have consensus here that parking is not allowed at Wiggins Bay,
as we just had the County Attorney's office tell us, then we can go lorward with tl1e rest of it. And if we
have other issues, then we can continue it and they can come back and address all the rest ofthc issues.
CHAIRMAN STRAIN: Okay. Anybody else?
Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Yes. I'd like to move al1cad. Ifthe public has any comment, I'd
like to hear it today. This way we can flush out all the issues.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Yeah. I'd like to move ahead, too. And I thought that, from my
reading of it, that if Moraya Bay wanted to expand its membership, then this issue kicks in. It seems to me
if they were to go forward and parking were not available because of the hitch that they would simply not
be able to expand their club. So I think we should listen to it and find out where we're going.
COMMISSIONER WOLFLEY: I would agree with that.
CHAIRMAN STRAIN: Okay. It looks like we'll move forward then. And we were in the process
of doing disclosures. We had Ms. Caron's disclosure.
Were there any others?
COMMISSIONER VIGLIOTTI: I gave one.
CHAIRMAN STRAIN: Okay. I did meet with Mr. Y ovanovich. Basically I told him I had
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concerns over various issues on both items. A lot of them. So rather than repeat all those now, I'll be asking
the same questions here today.
And, I believe, that Mr. Burkhard and I may have talked about it during discussions on other items.
But at the time it was a long time ago and we didn't have any package, so I really didn't have any specifics.
So that's the best my memory can recall at this time.
And with that, we will move into the presentation.
Mr. Y ovanovich, we're going to discuss them separately. We're talking about the first petition now,
which is for the beach club.
MR. YOV ANOVICH: "Thank you. Good morning. For the record, Rich Y ovanovich on behalf of
the petitioner. With me today are Jerry and Glen Griffin, who are principals, and the applicant, Karen
Bishop. Dan Miller is the architect and Reed Jarvey is here to answer any traffic related questions you may
have regarding the beach club.
On the visualizer is the -- an aerial that shows the location ofthc property. As you can see or as you
probably will recall, this is the old Vanderbilt Inn site.
It's approximately 4.96 acres. To our north is the state park. To our south is the residential
condominiwn building. To our cast is also a residential condominium building. And then catty-comer to
us is another rcsidcntial building.
The existing zoning is the Vanderbilt Beach Residential Tourist Overlay. We are asking for a
conditional use lor a private beach club.
We had two neighborhood information meetings on this particular item, as well as the other separate
item that we'll discuss next. At thc first neighborhood information meeting the privatc beach club and the
County's restroom facilities were included in one structurc.
Therc were a lot of unanswered questions at that first neighborhood information meeting. We went
back, got feedback from the community, and decided to move the private bcach club into the condominium
tower itself and no longer have the stand-alone combincd private bcach club restroom facilitics.
We then had a second ncighborhood information meeting. [think it's lair to say that the second
neighborhood information meeting went a lot better than the first neighborhood information meeting. We
were able to answer a lot of questions that we couldn't at the first meeting. The benetit ofthe tirst meeting
was we got all the issues out on the table from the community's perspective. At the second neighborhood
information meeting we were able to answer a lot of those questions.
The primary questions that came about -- I think it was well received that we moved the beach club
inside ofthe building. Thc primary questions related to the operation of the club were the hours of
operation, which we agreed to a 7:00 a.m. to one hour past sunset !{)r the outdoor portion of the club, and
7:00 a.m. to 11 :00 p.m. for the indoor portions orthe club.
The next question was: Who arc thc members going to be? We obviously would like flexibility on
who the members would be. So the question really became a -- kind of a capacity type question. How
many peoplc are going to be therc at any given time?
And that's where the limitation on the 250 non-resident members and guests came about during that
discussion. So as far as who could be there, you would have the residents of thc condominium and their
guests, plus a maximum of 250 non-residents and guests ofthe non-resident members at the club at anyone
time. So we went through that process.
As far as the -- I believe we discussed that we would be providing food, beverages, including
alcoholic beverage service to our club members. We -- parking never came up. Interestingly, it didn't come
up until I had an individual meeting with one of the Planning Commissioners.
Sometimes it's kind of a forest or the trees type of issue because we always knew how we were
going to operate this. And that was going to be that obviously the residents who are in thc condominiwn
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16 Lei~de~, 20~
and their guests do not need any additional parking because that's taken care of in just the condominiwn
building parking requirements themselves.
And we always intended that we would have members of other communities and we would have
shuttle stops at those communities picking up the residents. But we had not really formally introduced that
into the application. We've done that. We've introduced that into the application.
We always told everybody that people would be coming by shuttle because that was the primary
concern. You know, 250 people can be there, are you going to have 250 people driving their cars there?
And the issue really never came up for parking because we explained that we wcre going to use a shuttle
servIce.
There were going to be two trips per hour, as far as shuttle scrvice goes. So from a traflic
standpoint, it's a minimal impact on the transportation nctwork. And I think that that was satisfactory as we
went through the neighborhood information meeting process.
[ will tell you that in my opinion -- I know I don't want to get into too many details right now on the
next application, but thc primary questions at the neighborhood information really came about regarding the
turnaround and the public restrooms. And as I had explained at the second neighborhood information
meeting that really the turnaround and the restroom facilities were part of the Bert Harris settlement
negotiations that occurred when the old owner of the Vanderbilt Inn property filed a Bert Harris claim due
to the changes in the regulations to the RT zoning that they previously had by the adoption ofthe overlay.
There was a settlement that came about and that's where the turnaround and the restroom facilities
came about. [just really want to make it clear -- and I think it's clear on the application materials that the
public restrooms and thc turnaround are not necessary for the operation of the private beach club. We will
have all of our own restroom facilities and the necessary dropofT
If the County's turnaround is not approvcd, wc can drop them ofT within our own building as we
described. So they're not related petitions to that extent. We support those petitions because, you know, we
bought the property knowing that that was important to thc Bert Harris settlement, but they'rc separate from
that standpoint.
I'd like to go over briefly the County's stipulations. And I think that we need to clarify a couplc of
the stipulations in that -- I don't know what page nwnber that is. It's the last page attached to my
supplemental staff report.
CHAIRMAN STRAIN: Page three of four has staff recommendations. Is that what you're referring
to?
MR. YOV ANOVICH: I'm looking at Exhibit 0, which is the conditions of approval.
CHAIRMAN STRAIN: That's Exhibit]) to the PUD.
MR. YOV ANOVICH: Well, there's no PUD because we're --
CHAIRMAN STRAIN: I'm sorry. It's a scparate handout by staff.
MR. YOV ANOVICH: And there should be six conditions there.
CHAIRMAN STRAIN: There are. Same six in the staff recommendation, so it turns out to be the
same.
MR. YOV ANOVICH: Okay. On number two it references 6,515 square feet orarea. Wcll, that's
the indoor area. So I would like it to say 6,515 square reet of indoor area. Because the pool -- and I'll walk
over to this exhibit.
This is the indoor area of the club and it is basically on the second parking level of thc building.
This is the indoor area. And this is the pool area that will also be utilized by the members and as well as the
private portion of the beach will be utilized by our members. And obviously the public portion of the beach
is open to anybody, including the members of the club.
So Ijust wanted to make sure that we weren't somehow limiting ourselves to a total of6,515 square
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16 I J:JberA 2006
feet inclusive of the pool and the beach area. So that's why I wanted to insert the word "indoor".
There's a typo in number three. It should say the conditional use is limited to residents of Moraya
Bay Beach Tower and their guests. And then I would like to add -- and it says: And a maximum of200
non-resident members. I'd like that to say: A maximum of 250 non-resident members and their guests on
site at anyone time.
So if you live in The Dunes and you're bringing a guest to the beach club, you can bring a guest, but
they count against the 250 number.
Number tive it talks about we're going to provide shuttle service.
An issue eame up is -- you know, if we're going to be shuttling people there prior to or after the 7:00 a.m.
and 11 :00 p.m. close, perhaps we should make it clear that shuttle service can start an hour before opening
and go an hour after opening so we can get everybody out 0 r there when we shut down at 11. And shuttling
employees, as well. So it makes sense to make it c1car that shuttle service can't operate beyond the club
operation hours.
And then nwnber six is -- that's the -- that's the parking issue. We will reserve that one until later to
see if there are any other issues that come up. But, as I said, we anticipate shuttling people from existing
residential communities that have shuttle areas.
And if we go beyond that, then we would need to provide parking. And perhaps a condition would
be that we either come back to the Planning Commission with -- identifying that parking area, if it's not an
already clearly permitted use. Like if we went to a typical straight zone C-2 parcel, forget within a PUD,
but a straight zone C-2 parcel where there's no qucstion that parking facilities are an allowcd use, we
wouldn't have to come back to the Planning Commission.
If we have to come up with somcthing clse, then maybe we need to come back to the Planning
Commission. I just throw that out there right now ror an idea. Certainly not the final say on that.
But that was the intent. We believed that we were allowed to use that Wiggins -- is it Wiggins Bay
PUD parcel after some discussions with stair
If an error occurred, then clearly we can't use that site. Then we either have to have a straight zone
site or we need to come to you and tcll you -- we'd have to figure that out, I guess, if we don't have a
straight zone site that would deal with that.
With that, that's an overview of what we're requesting and the proccss that we went through. If you
have any specific questions regarding the private beach club and thc hours of operation or anything that
would bc occurring on site related to the private bcach club, we're happy to answcr any questions you have.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I just want to make a statement. Months ago when this first came
beforc us -- it didn't comc bcforc us, but we were given the package, Dr. Bing called me and I told him my
only significant criteria at the time was that he had to show -- that the presentation had to show that there
was a guarantee of parking for them.
So parking -- apparcntly a misconununication in the operation there. Parking, by this
Commissioner anyway, was raised as a significant issue. So I'm a little disappointed that we're not clear on
that this morning. There's been more than enough time I thought to get into that.
MR. YOV ANOVICH: And, Mr. MUlTay, we thought we had. We think the limitations that our
membership can't go beyond residential communities, such as The Dunes -- because there would be no need
for parking. We thought we had addressed that issue clearly. We also thought we had addressed, until this
morning, the issue of membership beyond that.
COMMISSIONER MURRAY: I am specifically referring to membership in excess of that which
was --
MR. YOV ANOVICH: Likc The Dunes.
Page 18
COMMISSIONER MURRAY: Yes.
MR. YOV ANOVICH: I understand.
COMMISSIONER MURRAY: And that issue was raised by me.
MR. YOV ANOVICH: You weren't the only one. You weren't the only one, Mr. Murray. And we
thought we had a -- like I said, we submitted it. We believed after discussing with staff that we had
identified a place that it could happen a~ a matter of right.
We may be wrong on that, but we did attempt to address that. And that is why you saw the revision
to the application to specifically address how parking would be handled. Because the first application didn't
and we did attempt to do that.
And I'm sorry if we haven't answered the second half of that today. We thought we had. But, again,
that's why I would like to go through this process of maybe getting whatever other issues are out there.
CHAIRMAN STRAIN: Any other questions?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Rich, do you have anything that shows parking analysis for
everything combined?
Essentially, in other words, there are 74 residents, they require one parking, plus one guest for each
residence, correct?
MR. YOV ANOVICH: Yeah. The SOP that was approved for the condominium addressed the
parking requirements for the units themselves.
COMMISSIONER SCHIFFER: Correct.
MR. YOV ANOVICH: So that's been done. And then what we did is we did an analysis of the club
itself to determine what would be appropriate. And there seemed to be two applicable provisions and we
took the more restrictive.
There's one provision that says you're required to provide one parking space per 100 square feet or
the area, which would be the indoor area. 'That would result in 65 spaces.
And then there's another provision that really -- it's kind of more of a restaurant provision that
requires one parking space for every three seats. And that would result in the need for 83 parking spaces.
So we took the 83 parking spaccs because we believed that was thc more restrictive. And as you'll
notice, your staff also said we have to max out our seats for the club at 250 seats.
So there's a rational nexus there between the 83 and using that number in the seats because we're
capped at 250 seats throughout the entire conditional use, not within the dining portion. That would include
the pool, as well as other areas that have scats.
COMMISSIONER SCHIFFER: In the sense oryou saying it's a fraternal lodge or something like
16 I Ise~~erA' 2006
that.
MR. YOV ANOVICH: It's a private club. Therc's no real straight parking standard in the codc for
that.
COMMISSIONER SCHIFFER: One thing, be careful. On that -- the la~t sentence of that says that
you do have to provide normal parking for outdoor recreation areas, which you didn't include. So what I'm
actually looking for is: Is there somewhere a study showing what you need for the tower, what you need
for the stafT of the residential tower, what you need for this and thc outdoor parking and the stafT for this?
MR. YOV ANOVICH: The building itsclf, thc residential tower, has a parking standard. And I
believe that's two spaces pcr unit, which is all inclusive.
Now, the reference you'rc making to including parking for other recreational areas doesn't apply
here because you have a residential tower. You're already there. You're going to walk to the pool and othcr
recreational areas.t
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1~/1'''d .
~e~embe~, 2t041 6
Unlike, if you're in a residential community where you have many residences. You have a
stand-alone rec area and some people will, in fact, drive to those recreational facilities.
In this case nobody is driving to the -- to the -- you know, the condominiwn pool.
COMMISSIONER SCHIFFER: Rich, when I mentioned the outdoor, that's part of the section, the
private organizational club. That's a requirement that you didn't add in. Obviously the residents arc going
to take the elevator to the pool.
MR. YOV ANOVICH: I thought you were referring to the other.
COMMISSIONER SCHIFFER: But what I'm really looking for is: Is there anywhere a study
combining these two uses together?
Because this is a conditional use. You're allowed to build an apartment building. You could also
build on the site a private club. What you're trying to do is blend the two togethcr.
So is there an analysis of the two of them together or just state the study you told me and add what
-- you know, add the units parking.
MR. YOV ANOVICH: I don't know.
Karen, did we provide them this -- staffthis?
COMMISSIONER CARON:
MS. BISHOP: Staff has all the information.
MR. YOV ANOVICH: Do they have this analysis?
MS. BISHOP: Yes. We gave them to you in September.
MR. YOV ANOVICH: Well, the answer to that question is yes. And iryou want me to put in on
the visualizer -- and that is exactly how I described it to you, Mr. Schiffer, as far as the parking
requirements go.
CHAIRMAN STRAIN: Why don't you put it on the visualizer so we all can see it, Richard.
COMMISSIONER SCHIFFER: Maybe it's in the packet. May I please see it.
MR. YOV ANOVICH: You didn't get the parking exemption.
CHAIRMAN STRAIN: You need the microphone, as you know.
MR. YOV ANOVICH: I don't know if you got the parking petition, but this is the analysis we did.
We looked at the square footage involved.
COMMISSIONER CARON: No, we didn't.
MR. YOV ANOVICI-J: That's the 6,500 square feet, the recreational areas. So the maximum would
be -- I think it was 8,951, then you've got to take out areas that also serve the existing residents.
It becomes a little complicated when you do that. We thought we were using the most conservative
approach. And we went through this whole analysis where we did the subtraction out of You know, the
need to provide parking for people who were actually already there.
And it seemed to make sense, if you're going to have a maximwn of250 people that can come from
the off site or 250 seats, you would provide one per threc seats. Because that just seemed to almost be a
commonsense approach from our perspective. If you've got 250 seats out there, whether they're at the pool,
within the restaurant or wherever, that's what you need to park.
CHAIRMAN STRAIN: Ms. Caron. I'm sorry, Mr. Schiffer.
COMMISSIONER CARON: I don't want to interrupt you. I just wanted to say we, Mr. Chairman,
did not get these calculations. So we have no idca. We haven't been able to analyze them at all.
MR. YOV ANOVICH: Again, if that nccds to be an issue that results in a continuance, well, we'll
do that.
COMMISSIONER SCHIFFER: Well, Rich, one thing, why do you call it a restaurant if you page
down because -- you know, that was a concern I had. I looked at it. It looks like a restaurant. And it walks
like a restaurant. I don't know what kind of noise it makes, but --
Page 20
MR. YOV ANOVICH: Well, it's part of the club.
COMMISSIONER SCHIFFER: But, I mean, if you page down, even you're analyzing it as a
restaurant. But let's move on. It's a club.
MR. YOV ANOVICH: Mr. Schiffer, we tried to use the most conservative approach.
COMMISSIONER SCHIFFER: A restaurant would require much more parking than the lounge
would. The private club.
MR. YOV ANOVICH: Exactly. And that's why we picked the 83 versus the smaller nwnbcr that
would result if we used the private club analysis.
COMMISSIONER SCHIFFER: Right. So you're coming in with less parking than the restaurant
would.
MR. YOV ANOVICH: No. We're coming in with the restaurant parking requirement of one seat
per three.
COMMISSIONER SCHIFFER: Then maybe if there's a way we could get a copy of this that
would help me a lot.
MR. YOV ANOVICH: Okay.
COMMISSIONER SCHIFFER: A question. You know, we came up with this on Keewaydin with
the -- the wording you say is on site. And one of the complaints in the Keewaydin, which is in the middle
of nowhere, so if we couldn't control it there -- was that people could be on the beach. In other words,
essentially they were taking the argwnent that on site meant on the actual grounds themselves.
How would you control the 250 to makc sure there's not 250 peoplc in tile restaurant and 100 people
on the beach? How would you control that')
In other words, in the Kecwaydin thing we had the ability -- since there was only one way in, one
way out, that the person running that shuttle knew how many people were where. But do wc have that
ability here?
MR. YOV ANOVICH: If that's an issue, we certainly can have the shuttle operator tabulate how
many people he's brought at any time and how many hc's taken away. And we'll make sure that that
number never exceeds 250 that are brought there.
COMMISSIONER SCHIFFER: And obviously you're mixing it in with residents which are
allowed to wonder lreely and their guests, which would be allowed to not be mixed into that number.
Rich, the concern of the second floor ofthis thing. When you got thc agreement -- thc settlement
agreement, the intent was to build a 90-foot building. Obviously that's nine stories and that's the residential
part orthis building.
To get that second level, I guess there's the option in the code that you could get that for bringing
parking in the building. But do you have a conccrn that you're using area that should be for parking for this
club?
MR. YOV ANOVICH: No. And we looked at that issue before wC decided to move the club inside.
There's -- the code says that you can -- you can -- it's not counted against height. The parking structure up
to two stories is not countcd against height for parking that you bring within the building. And I bclieve it
also says you can't exceed the required numbcr of parking spaces on thc building.
So we've done that. On the second tloor there was leftover space at that -- so we put in
non-habitable areas, which is the club, or any othcr amenity that a condominium might have can be on that
second floor. So I don't think that was ever an issue from a stafl" review or our review of bringing the club
into -- to that level.
COMMISSIONER SCHIFFER: So what you're saying is that this second floor -- the reason it's
there, the reason it's allowed is that there is the ability in the code lor the County Manager -- he doesn't need
to waive the height requirements which would give you that extra floor to provide parking?
16 ~#4~"J8 6
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~~~mI:H 4,26
MR. YOV ANOVICH: Correct.
COMMISSIONER SCHIFFER: Now, there's conditions with that. Essentially the way that's
worded, at least when I read it, is that if you had a building you were building and you had all this parking
outside, you could say or get the County Manager to accept the waiver that I'm going to put the parking
under the building, so let me lift the building.
And the way it's worded, it also says necessary to provide that parking, not 12-foot ceilings. But let
me put them under the building and you should find outside an additional 300 square feet per space.
MR. YOV ANOVICH: Correct.
COMMISSIONER SCHIFFER: Is that the case here?
MR. YOV ANOVICH: Ycah. That analysis was required as part of the SDP.
COMMISSIONER SCHIFFER: Okay. Could we see a copy of that? And I'd like to see the SDP.
MR. YOV ANOVICH: Are we -- is the purpose of this to reevaluate the SDP approval or -- because
we're asking for a private beach club within an already permitted building based upon comments we got
from the neighbors. And we've got, frankly, a building that's -- if you -- and I know you have copies of
them. I believe you have copies of the settlement discussion meeting.
COMMISSIONER SCHIFFER: [do.
MR. YOV ANOVICH: And one of the questions put to me when we were negotiating that
settlement was: How tall is this building going to be?
And I said 135 feet.
COMMISSIONER SCHIFFER: Actual height.
CHAIRMAN STRAIN: You know, the whole issue of the height of the building is not the issue
we're here to discuss today. We're here to discuss the beach club. We need to stay on that.
If a qucstion that Mr. Schifter has in a request of the SDP has relevance to the beach club, then he
needs to be given those documents, as we do.
And, Mr. Schiffer, if you have a request and you can tailor it to that cause, then I think --
COMMISSIONER SCI llFFER: Yeah. That's fine. I'd like to see -- just see how they calculated to
get the exemption for the height. And the reason it pertains to the beach club is the beach club is in that
area.
CHAIRMAN STRAIN: But what does the exemption of the height have to do with the application
for the beach club use?
I'm not -- I'm not trying to say they're right in the way they did it. Belicve me, that's not where I'm
going. We have to stay and wc have to stick to the points of the issue, which is an application for a
conditional use for a beach club.
If you want to see the layout of the beach club to understand how they calculated the parking, the
square footages and all that, [ think that's relevant. I think that's a reason to ask for the SOP.
But if it's to analyze the height of the building, that is not an issue before us today. I don't think we
should be going there.
COMMISSIONER SCHIFFER: And I'm not analyzing the height. I'm analyzing that if they got
the waiver to provide parking, maybe they're putting the beach club in an area that should be parking.
But if you give me that study, we can move on.
MR. YOV ANOVICH: That's fine.
CHAIRMAN STRAIN: Well, we're just going to request it, so --
MR. YOV ANOVICH: That's fine. It's public record.
Cl IAIRMAN STRAIN: I just want to make sure, from this Board's perspective, we tailor our
questions to the matter at hand today. And I know thcrc's a controversial issue about the height.
Unfortunately, that is not something that's in front of us today. I don't mind dealing with it at some point,
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Septembefl200V
but that's not ours today to deal with.
MR. YOV ANOVICH: We'll be happy -- I consent there's probably going to be a continuance
requested at the end of this. And we'll be happy to provide that information to Mr. Schiffer.
Does everybody want a copy of that calculation?
CHAIRMAN STRAIN: I think if you give it to one, you give it to all. I have a laundry list being
tallied right now and I'll read it to you at the end of the meeting.
Mr. Murray wanted to speak aftcr Mr. Schiffer is finished, so --
COMMISSIONER SCHIFFER: And you actually brought it out when you wanted to change
recommendation five. Since the bus is going to run one hour before for the staff and one half after for the
staff, where are they picking the staff up?
MR. YOV ANOVICH: They'll be in the parking spaces--
COMMISSIONER SCHIFFER: [n the parking lot you want to --
MR. YOV ANOVICH: No. Or at the residential communities that will be picking up. And, I
believe, we have six or eight leftover spaces. We have six additional spaces actually on site that staff can
park in, as well.
So if we have to, as part of the analysis, show you where staff will be parked, we'll be happy to do
that calculation for you, as well.
COMMISSIONER SCHIFFER: Parking is tight in that area for citizens who want access to the
beach. How do wc prevent stafrfrom parking in that area?
For example, the staff could be a resident of Collier County. It could have a beach sticker on their
car and could be parking in the new Conncr's Park parking lot tirst thing in the morning because they're
probably going to get there bef{lre most people.
MR. YOV ANOVICH: Well, my guess is that it's a small community. IfI'm working at the beach
club and I park at Conncr's Park, at some point somebody is going to realize that Rich is violating the
conditional usc criteria and either -- hopefully will call the club owner and say, hey, tell so and so to quit
parking there, or notify the County and we'll be in violation of the conditional use.
COMMISSIONER SCHIFFER: Well, why would he have to quit? He's a resident. He has a beach
sticker.
MR. YOV ANOVICH: Because you're gonna -- I'm assunling you're going to condition the
conditional usc approval that our employees not utilize thc County's beach parking.
I would agree with you that they are allowed. If they're County residents, they're allowed to do that.
But that wasn't the -- that's not the intent that our employees are going to be utilizing the public parking
spaces to serve the beach club.
COMMISSIONER SCHIFFER: Okay. Another thing is that the people when they arrive at the
club they're going to go up the ramp and they will be arriving at that second level or are they going to be
dropped off at the street down by, you know, on Bluebill there?
MR. YOV ANOVICH: Well, if the beach tumaround comes about, we anticipated that the shuttle
would use the beach turnaround, drop people ofT. And as you can see on the site plan, there is a private gate
within the property ror people to -- the members to go through that gate to access the beach club. If that
doesn't happen, then they'll go in through the condominium.
COMMISSIONER SCHIFFER: And then -- and this will be my last question. Since essentially
what we're doing is we're replacing a LDC, land development code, requirement with a private bus system,
right?
MR. YOV ANOVICI-f: Correct.
COMMISSIONER SCIIIFFER: How do we guarantee that that private bus system exists, works?
I mean, obviously you could say if it stops we can't do the beach club, but what kind of guarantee in
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Sep~ber 2008
the operation of that would wc have?
MR. YOV ANOVICH: I think you answered your own question. If we ever stopped providing the
service, we can't bring members there.
And the question I have is -- let's not forget that even the off-site members are residents of Collier
County, okay? If I live in The Dunes, I'm a resident of Collier County. I have just as much right to access
the County's bcach facilities as anybody else.
We havc operated beach club -- Signature has through a shuttle service working very well. They
have experience with that. They know it will work. People would rather use thc shuttle service to access the
beach club, then come down and park here and havc to walk from the County's parking area there.
They would have the right to do that as citizens and residents of Collier County, but we think they
won't because we have expericnce with that. They're not doing it now, but that -- they'll use the shuttle
service. In effect, provide a better public access to the regular residents of Collier County because people at
The Dunes and othcr places won't be competing for the parking spaces ncarby.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Yeah. Relative to number three, the 250 non-resident members
and their guests. I thought initially that that was associated with the fire laws, but now I understand it's
predicated on the calculation.
And I'm looking at your calculation briefly and saw the kitchen dimension at 2,768 square feet.
And I asked myself: Gee, that's interesting. I don't know if it's common practicc to include the area of a
kitchen for purposes of parking.
CHAIRMAN STRAIN: It's in the code.
COMMISSIONER MURRA Y: It's in the code. I found it -- okay. Then that's -- my question is
moot then, but it seemed odd to me.
MR. YOV ANOVICI l: We did that f{)C purposes -- remember under the fraternal organization you
look at square footage. So one of the calculations is you throw all the square footage in, divide by ] 00, and
it would yield how many spaces you would need per square foot calculation.
And then we looked at the restaurant calculation where you don't include the kitchen. You look at
seats. And that yields another number. And that's where the 83 can1e from.
COMMISSIONER MURRAY: Okay.
MR. YOV ANOVICH: So it's an analysis of trying to analyze it both ways, figuring out which is
the worst case scenario. And that's the parking we would have to provide lor the private beach club.
COMMISSIONER MlJRRA Y: Well, thcn you must have realized where I was going with my
qucstion. I would hope that we would go to the minimum and not the maximum. But I recognize from a
financial point or view, a business plan, you like to go to the maximwn. But, I guess, you were -- what is it
65 spaces based on thc cntirc piece?
MR. YOV ANOVICIl: If you looked at the internal beach club itself; it's roughly 6,500 square feet.
Divide that by 100, that would be 65 spaces.
We're saying that the more conservative nwnbcr yielding the requirement to provide the most
parking would be a one parking space per thrce seats, which would be the 83.
So we're going to providc -- if we do an oft:site parking lot, we'd have to provide a parking lot for
83.
COMMISSIONER MURRAY: Yeah. I heard you and I understand that. I guess I was putting--
just a little bit of a surprise when I saw the size of the kitchen relative to the calculation. That's okay. Thank
you. If it's in the code, it's in the code.
CHAIRMAN STRAIN: Any other questions of the presentation?
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16 J!fl sAemb6, 2008
Ms. Caron.
COMMISSIONER CARON: The beach club itselr actually has no limit on the number of members
that can be accommodated, correct?
MR. YOV ANOVICH: That's correct.
COMMISSIONER CARON: You can have 1,500, 2,000, whatever nwnber of members --
MR. YOV ANOVICH: It's limited on how many people can be there at anyone time.
COMMISSIONER CARON: But you can only have 250 there at a time. And you're saying that
that policing is going to happen by the shuttle driver; is that what you just told--
MR. YOV ANOVICH: That would be one mcchanism. We can have -- you're going to have to go
through the gate. We can tabulatc that somc way.
But if you need us to provide assurance that we're calculating that only 250 non-resident members
and their guests are there at anyone time, we'll be happy to provide that infom1ation.
COMMISSIONER CARON: You keep repeating non-resident mcmbers and their guests in every
single phrase. I have a fceling that therc is something about that particular phrasing that is going to come
back legally and haunt us later. So let's talk about that right now.
MR. YOV ANOVICH: I'd be happy to. I didn't want somebody to interprct this to say that
members can't bring guests.
COMMISSIONER CARON: But the limit, no matter, is 250.
MR. YOV ANOVICH: It's 250.
COMMISSIONER CARON: All right. Ijust want that on the record.
MR. YOV ANOVICI-I: And I don't -- I just didn't want someone who reads this from the County's
perspective or from the neighbor's perspective and say -- you know, Ms. Caron you're a member and you,
for some strange rcason, decided to invite me to go with you --
COMMISSIONER CARON: I'm sccing that as a plan.
MR. YOV ANOVICH: You know, they always taught us in law school to go with the absurd and
then --
COMMISSIONER CARON: You work right back down, ycah. That's pretty much everywhere I
go when you bring something bef{)re us. To the absurd first and then I work backwards.
MR. YOV ANOVICH: There you go. I appreciate that.
But I just wanted to make sure that you wouldn't bc prohibited from bringing a guest to the beach
club if you were a member.
CHAIRMAN STRAIN: Are thcre any other questions at this point?
Richard, can you put the site plan on the overhead projcctor. The one that you have up on the wall
is fine, that type, if you have that on the --
MR. YOV ANOVICH: I don't know if] have it.
CHAIRMAN STRAIN: It's the second page of our staff report.
MR. YOV ANOVICH: I got it. Is that thc right direction?
CHAIRMAN STRAIN: I can rcad it. It's upside down.
MR. YOV ANOVICI I: Do you want it this way?
CHAIRMAN STRAIN: Could you bring it up close to the side of the pool that's up against where
the proposed restroom is going to bc?
Okay. That's close cnough. If you could move it a little bit towards the beach. Up and towards--
right there.
See where it says 10- loot wide landscape easement? It says 20- foot wide beach access easement,
then I O-foot wide landscape?
MR. YOV ANOVICH: Honestly, I --
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optember 4, 2008
CHAIRMAN STRAIN: Well, I can read it. I don't know -- Ijust went to the eye doctor. I got new
glasses yesterday. So that's the way it happened so.
UNKNOWN SPEAKER: Rich, you want mine?
MR. YOV ANOVICH: I know where mine are. They're on my desk.
CHAIRMAN STRAIN: Okay. In that 1 O-toot landscape easement, it's got a solid line -- well, now
it's really doing good. It's got a line a couple feet inside the dotted line. And it goes all the way up towards
the Gulf Shore Boulevard area.
I'm just wondering what that line represents because it looks like it represents a sidewalk alongside
the pool deck. And if it is, where are you putting the landscaping? That only leaves about two or three feet
for landscaping.
MR. YOV ANOVICH: Whenever--
CHAIRMAN STRAIN: You've got to use the mic.
MR. YOV ANOVICH: Sorry. Bad one. It's a wall within a landscaped buffer easement.
CHAIRMAN STRAIN: So you've got a 10-foot wide landscape buffer. You've got a wall in the
middle of it or actually to the side of it. Has stalT reviewed this; is that --
MR. YOV ANOVICH: That was part ofthc original SDP, I believe.
CHAIRMAN STRAIN: I'm just wondering how we're getting the landscaping in there. So you got
landscaping on both sides of the wall?
MR. YOV ANOVICH: I believe so.
CHAIRMAN STRAIN: Okay. The protrusions on the pool, it's shaped like a double T. Thc ones
that go past the setback, are those -- how is that going past the sctback?
Are those above the ground, below the ground; what are they?
MR. YOV ANOVICH: Those are ground level, right?
They're at ground level, Mr. Strain.
CHAIRMAN STRAIN: Okay. And stall; for extensions into setbacks, how far are they allowed to
go in regards to such extensions like that; do we know?
MR. BELLOWS: If the pool is at ground level, thcrc is no setback, other than to the lip orthe pool.
CHAIRMAN STRAIN: Okay. The reason I'm asking these questions is I understand --I've got
your noor plan for your -- for lack of a better word, let's say restaurant. You have 18 bar seats and 91
station scats in that restaurant. So that's about 110.
You've got 140 peoplc morc coming. So I'm assuming they're all going to go around that pool or in
the beach; is that a fair statement?
MR. YOV ANOVICII: I believe that's a fair statement.
CHAIRMAN STRAIN: [want to make sure I ask you questions that haven't been already
addressed. Most of them already havc been.
Oh, alcoholic beverages. I discussed this. And I think, Kay, you may be ready to address that. And
you may have to address it bcfore you get up.
There's a provision in our code that doesn't allow alcoholic bevcrages to be served or sold within
500 feet of a park. I want to make sure we understand why that doesn't apply to this project.
MR. YOV ANOVICH: Mr. Strain, thcre's a specific exception under nwnber seven. It's Section
5.0501 (A)(6) -- I'm sorry. (A)(7). And it -- Item C is any privatc club, which is what we are, may servc
alcoholic beverages for consumption on site when such service is incidental to the main use and for the
exclusive use of members, tenants and/or guests of the facility.
This is a private beach e1ub and serving alcohol a~ part of the privatc beach club is pcrmitted under
that cxception. I think staff agrees with that conclusion, as well.
CHAIRMAN STRAIN: And, Kay, I want you to clarify for the record -- and I don't mcan to take
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161 ftemA4,2C
away from your presentation. But the issue that he's reading is that the private club and country club and
the serving of alcoholic beverages for consumption on site when such service is incidental to the main use.
And the point that I brought up to staff is that the main use in this particular casc was originally the
multifamily use. But staff's comment to me was that because of the conditional use being added to the
property, it then becomes a second main use; is that an accurate statement')
MS. DESELEM: For the record, Kay Deselem. Yes. This becomes the use and it's incidcntal to
that private club.
CHAIRMAN STRAIN: And that's how they qualify then to have a --liquor sales allowed there?
MS. DESELEM: That's correct.
CHAIRMAN STRAIN: Okay. I just wanted to make sure staff was understanding it that way so
there's no -- Ms. Caron.
COMMISSIONER CARON: Excuse me. Is there a definition of incidental to the use?
I mean, is it like in -- in other instances whcre it's the difference bctween a restaurant and a bar
where you have to have 51 percent food versus -- you know.
MR. YOV ANOVICH: Right.
COMMISSIONER CARON: Is that how we get to incidental or is that just --
MR. YOV ANOVlCH: I don't think there's that bright linc definition like you find in the definition
between a restaurant and a bar. Thc use is to get people to the beach to enjoy the beach. One of the services
also provided is food and service of beverages, including, you know, nonalcoholic, as well as alcoholic
beverages.
This is not -- the primary use is not the restaurant, if you will, because I couldn't think of another
word. It's the beach club getting people there. That's the primary use. So thcy can enjoy thc beach.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Richard, in our original packet -- and this goes back to -- I don't know--
April, May, whenever we got the original hearing. We had a scrics of e-mails and comments supplied to us
by staff that they had received from the public. In those e-mails there are a lot of questions raised.
I know some of those may have been answcred. I know some ofthe circumstances may have
changed. But just for the benefit of the public, I'd like thclll to know that wc addressed their concerns.
And so some ofthose issucs that I don't feel may have been complctely addresscd or explained, I'd
like you to explain to us, if you don't mind.
MR. YOV ANOVICH: Absolutely.
CHAIRMAN STRAIN: And I'll try to separate thcm out because at the time the bath facilities were
included with the application at the time. They're mixed up. So I've got to find out which ones are separate
for yours and which are not.
I have one from Patrick Koza, K-o-z-a. And his concern is about the sizc of the structure. Ijust
want to make sure ifMr. Koza is either watching or understanding that that is not an issuc that we are
involving here today.
And the size of the structure he's referring to was the Moraya Beach Club Tower. I don't know
what we can do about that hcre today. It's not the issue at hand.
A lot or these arc access requests. Pedestrian congestion at the bcach. All this has to do with the
restroom.
There's one comment: The prcscncc ora clubhouse at this location will severely restrict the public
use of the beach. I think that was at the timc your clubhouse was outside and now it's inside.
MR. YOV ANOVICH: Correct.
CHAIRMAN STRAIN: Okay. Your traffic analysis, it's slightly of I because of the change in hours
of opcration of the shuttle. I don't know if anybody has looked at that, but I don't think it has that much of
Page 27
an impact.
I think you go from 14 trips due to the limited hours you have for that down to 16 hours. So you'd
have 32 trips, instead of 14. But I don't think that breaks any thresholds either.
MR. YOV ANOVICH: For the day.
CHAIRMAN STRAIN: For the day, yes. I have a list ofthings that we've been talking about I'm
going to be asking you. So I'm just about done.
Those are the questions I have at this time.
MR. YOV ANOVICH: Thank you.
CHAIRMAN STRAIN: Anybody else have any follow-up questions of the presentation?
I f not, we'll go to staff report.
(No response.)
MR. YOV ANOVICH: Can I take this back? Do you need it anymore?
CHAIRMAN STRAIN: No. Thank you.
MS. DESELEM: Again, for the record, Kay Dcselem, principal planner with zoning. Excuse me.
You have several versions of several staff reports that you've received due to continuances with this
particular petition. The most recent one is lor the hearing date of September 4th. It's a four-pagc staff
report that basically goes over the changes in the evolution as to how we got to this point. And it deals
more with the parking issue and references the parking reduction requcst that was submitted. It's bcen
discussed already at some length.
This staff report does on page three start out with the new conditions that are cftective as of staff's
recommendation as of now. The other stalT reports that you've receivcd previously analyzed the pctition for
the findings off act that are required for a petition of this type. That is, a conditional use. And it does
provide the analysis f()r the growth management plan consistency.
Right now I'm looking at the starfreport for the hearing of April 17. And on page three of that you
do see the analysis for the growth management plan consistcncy. And starf is recommending that this
petition be found consistent with the land use designation ofthc site. We have provided thc analysis
responding to the various questions of the land development code that arc required tor a conditional use
approval.
The information about the neighborhood information meetings is also included in that. The notation
about the environmental advisory council and that this petition did not need to be heard by that entity. And
that staff rcport had four conditions. And as you note now, there are six conditions. But I won't go into any
more dctail because we've already had a fairly lengthy presentation. You're well familiar with the site. And
I'll respond to any questions.
CHAIRMAN STRAIN: Any questions of staff?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Kay, Ict me start with bookkeeping. The reference on our
conditional usc form, you're referring to Subsection 202.03.02.E.I.C.5, I couldn't tind anything that
resemblcs that.
MS. DESELEM: Excuse me. I don't know what you're referencing. Give me a little bit more
information.
COMMISSIONER SCIIIFFER: Well, go to the conditional use petition.
MS. DESELEM: Oh, the petition itself?
CHAIRMAN STRAIN: Kay, I think this is the code that I couldn't find that is in the new change.
And, Brad, what you're going to find out is something that is interesting. Nobody can find out what these
mean because they're not on municode in any organized manncr.
They're not available, unless you know when the code was changcd. And this happened to be a
16 1 l~lmbA 4,26
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16 lerhr 4Ao08 6
code change from awhile back that Kay does have, but --
COMMISSIONER SCHIFFER: And it hasn't been posted yet?
CHAIRMAN STRAIN: Well, it's been posted if you can figure out how to find it. But municode
has done such a terrible job of listing our code and not incorporating our ordinances, the public has no way
of really knowing what our code is and neither does the Planning Commissioners, so --
COMMISSIONER SCHIFFER: Okay. So that is a legitimate code section that --
MS. DESELEM: Yes. I can show you on the docwnent that wc do have. But, yes, it is a legitimate
code section. And, I belicvc, our County Attorney can also state that she's referenced and checked it and it
is a good citation.
COMMISSIONER SCHIFFER: During the break we can -- okay. Better yet.
MS. DESELEM: This is the one that identifics the private club use and it's allowable -- addressed
as far as its allowance within this particular RT zoning district.
COMMISSIONER SCHIFFER: Okay.
MS. DESELEM: And it is confusing. The on-line version of the land development code is sevcral
ordinances behind, as far as actual codification. But the ordinances are referenced for you to look at, but it's
difficult. If you don't know what you're looking for, you don't know where to go, so--
CHAIRMAN STRAIN: But, see, just as Brad brought this up and others have brought it up, and
the public certainly -- everybody relics on a source for our code. And [ know it's not your fault, Kay. I
know it's municode's.
I'm just wondcring: Can't we do something? If you recall, a year ago we asked municode to correct
the wrong references they currently have as an intro to our code. In fact, they're referencing individual
PUDs. They're referencing TIF imagcs, none of which have anything to do with our code.
And I'm just wondering: How do we get -- is there any chance of getting to the bottom of it?
Because it's really unfair to everybody involved in trying to analyze these projects when you don't even
have a code that's close to being current.
MS. DESELEM: If I may respond. It's my undcrstanding that we now have a new contact person
at the municipal corporation that is working vcry diligently with our staff trying to resolve these issues.
And things are happening much faster than they were. I guess it was a problem with the stafTthat they had
at municodc.
And, hopefully, we've resolved that and things are happening much faster. I can't tell you when it
might be fixed, but we're very encouraged as a staflthat it is going to be fixed more promptly.
CHAIRMAN STRAIN: Well, I. for one, am not encouraged. We were told that inlormation almost
two months ago by Katherine. The site has not changed, except gottcn more cluttered with irrelevant and
Wlllecessary garbage, including more ofthc -- the Balmoral PUD is listed as a -- in the prelude to our code,
things like that.
They're listing -- every single ordinance that we pa~s is being stuck on that site, but none are
incorporated into the body of the municode text. So nobody has any way of knowing what the codes arc.
Anyway, it's just something that needs to be rectified. I want it -- this is a good example of an
absolutely big problem. And I don't know if the County Attorney can do anything about it, but somehow
we need to do something about it. It isn't fair.
MR. KLATZKOW: You know, I'd love to fire them and use somebody else, but there's not a lot of
people involvcd in this.
CHAIRMAN STRAIN: Wcll, Mark White had a suggestion of another firm that he uses. And I
would suggest we maybe get back in touch with him and ask him.
COMMISSIONER CARON: He had two dillerent people he mentioned, I think, in our meeting.
CHAIRMAN STRAIN: For thc analysis today it would have been handy to have current code.
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And I know staff would like to have that, as well.
Are there any more questions, Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah.
Jeff, let mejust ask you a question. Do you have a -- if there's a Word version of it you could
reference on our 0"-11 site. I mean, what do you use for a code; do you go to muni or do you use a hard
copy?
CHAIRMAN STRAIN: What do I do? I've got a stack on desk this high of every amendment
we've had since municode has updated. And what I have to do is --
COMMISSIONER SCHIFFER: Same thing we --
MR. KLA TZKOW: -- technically the same thing everybody else has to go through one at a time.
It's very frustrating.
COMMISSIONER SCHIFFER: Well, it's now wasting time in public hearings, so, I guess, that's
not enough.
Kay, the parking of the statTis a really important thing. Since we're going to determine that this is a
private club, it doesn't have a requirement for staff parking.
MS. DESELEM: No. As I understand it, that would be addressed in the overall requirement for
parking for that use. Those particular dcsignations are designed to be all encompassing. And that
designation is, planning wide, supposed to be a standard that incorporates all the needs of parking for that
use, whether it be, you know, the kitchen stafI the custodial stafI the wait staff, whatever.
COMMISSIONER SCHIFFER: Okay. But do you fcel -- I mean, what is thc staff?
And the reason I'm focusing on stafT is that thcy're going to get there early. And if anybody is going
to abuse the public parking -- and, like I said, if they have a beach stickcr abuse is difficult to define -- it
would be the staff. So how many staff -- I know -- and, I guess, maybe is this the parking analysis coming?
MS. DESELEM: Yes. That is the parking inlormation that was provided as part of the parking
reduction administrative action.
COMMISSIONER SCHIFFER: I'll savc that question for alter thc brcak then.
CHAIRMAN STRAIN: Yeah. And I was just going to suggest -- if we're at a good breaking point,
why don't we take a break, come back at 10: 15 to give thc court reporter a chance to rest her fingers. 10: 15.
(Briefrecess)
CHAIRMAN STRAIN: Okay. Ifeverybody would please take their seats. We need to resume
with the meeting.
And we left off with questioning the staffs presentation or any questions from the staffs
presentation.
Mr. Schiffer, you had finished?
COMMISSIONER SCHIFFER: Yeah. Just a little bit.
CHAIRMAN STRAIN: Sure.
COMMISSIONER SCHIFFER: Kay, looking at the parking calculations, I'm still having trouble
really coming up with what thc requirement for staff is. It looks like you've calculated that this club nceds
104 spaces and that would be including the 250 people.
MS. DESELEM: Let me get a copy of what you're looking at. Are you looking at the Moraya Bay
Beach Club parking calculation dated July 25?
COMMISSIONER SCHIFFER: Correct.
MS. DESELEM: Okay. So we're looking at (he same thing.
COMMISSIONER SCHIFFER: And it's still a little confusing, so I'm not surc I exactly understand
it. In other words -- and it doesn't include the calculation for the towcr, which everybody is asswning two
times the number of units.
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16 1 slt~er A20086
MS. DESELEM: Yeah. That was addressed as part of the SDP for the tower itself.
COMMISSIONER SCHIFFER: But in the calculation of parking for the tower, is there any parking
required for the amenities? You know, for example, an exercise room, sometimes a trainer, there's an office
and stafTlike that.
Isn't that normally -- don't you go through and add in the parking required for oflice for those areas?
MS. DESELEM: I think, as Rich explained, if you had a project that had nunlerous buildings on
site and you had those amenities within a separate building. If it was more than 300 fcet from the residence,
then you would have to provide some parking for the residents.
Assuming like when mom goes and gets the kids ready and takes the baby and the toddler, all those
people to the beach, she's going to have to have a car rull of stuff to support them. In this case that's not the
case because they're not driving anywhere.
Their car is already on site and there's no place to drive to. They're already there. It's all in one
building.
COMMISSIONER SCHIFFER: Yeah. Actually, what I'm referring to though is the residential
tower, the thing that is allowed right now. Is there any requirement in the parking for staff for that tower?
MS. DESELEM: No. It's residential. There's no stafr per see It would be like having an apartment
complex. It's based on the residence and the number of bedrooms.
COMMISSIONER SCHIFFER: So, in other words, you're just taking the two per unit, which one
is for the resident, one is for the guest of the resident and that's -- oh, so it's 104.
Then, I guess, it comes to -- there's 21 parking spaces there. Well, this is confusing. I'm going to
move on because I can't totally see it.
But I really would like to know a breakdown of what the residents require. In the residential tower
there is staff. There's obviously some grounds keepers and, you know, janitorial, environmental engineers.
And then there's some office workers that come to the building.
But, Kay, the other question -- let's move to something else. When this thing got that second floor,
which is allowed by the code. Again, the County Manager can waive the height requircments and allow an
additional floor or two, irthey put the parking in the building. Do you think in any way that this beach club
is taking advantage of that situation?
In other words, is this area that -- since we gave them that waiver, that they should be providing
parking in?
MS. DESELEM: Do I believe they're taking advantage of the waiver; is that what you're asking
me?
COMMISSIONER SCHIFFER: Well, right. In other words, essentially to get that additional floor
they had to provide parking. I mean, it's for parking only and it's -- the way it's written, it's all -- you know,
only should be high enough for the needs ofthe parking.
So do you think this beach club in any of this stuff you've scen ever had parking shown in that area?
MS. DESELEM: I didn't go back and look to scc ifit specifically had parking shown in that
essence. But I did go back and look -- and I do havc thc site plans with me fix thc SOP and the
insubstantial change, if you want to look at it. And I believe part of that area at least was identified a~ an
amenity area.
So I don't know that there were parking spaces shown there. Therefore, there's not a reduction of
those spaces. If you'd like, I can get -- if you give me a minute, I'll get it and we can put it on the visualizer.
COMMISSIONER SCHIFFER: That's okay. I mean, another question now is: Is this a
commercial use or is this -- what is the -- this use classified, the beach club?
MS. DESELEM: A private club.
COMMISSIONER SClIIFFER: But, I mean. it's not a residential use. And the reason I'm asking
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16sL71berA,2006
that is: Does this building now become a mixed use building thus through the architectural standards and
things like that to start --
MS. DESELEM: No. I don't believe that would be applicable.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Anybody else have any questions of staff'?
COMMISSIONER MURRA Y: Yeah, I may.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRA Y: Well, the beach club has always been a part orthis; is that correct?
MS. DESELEM: You mean the private club?
COMMISSIONER MURRAY: Yes, sir. I mean, ma'am. Sorry.
MS. DESELEM: A part of what? I mean, no, the original SDP that was approved--
COMMISSIONER MURRA Y: Part of this tower.
MS. DESELEM: No, it is not. That's why they're here for the conditional usc.
COMMISSIONER MURRAY: Right.
Okay. And perhaps you don't know, perhaps I should ask the other gentleman. But I'm trying to
figure out if a restaurant was already to be present in that property what the implications are relative to
parking, but I'll just munch on that for awhile. I don't really expect you to answer that question.
CHAIRMAN STRAIN: Any other questions?
Oh, Ms. Caron, did you have a question?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER CARON: I'm not sure. I don't see anybody from comp planning. But
according to the stafTreport, under GMP consistency it says: Conditional uses such as private clubs
intended solely for thc use of the OVVTIcrs and their guests as is proposed in this petition's companion request
are allowed.
But that's not what's being proposed here. It's not just for thc owners of this towcr. It is for any
nwnber of members that -- however many members thcy can dig up on the street who would like to go to
the beach and pay the money to go to this beach club.
MS. DESELEM: Yes. I see that now.
COMMISSIONER CARON: So I'm not sure how we can say it is consistent with the growth
management plan.
MS. DESELEM: I feel comfortable myself; as a planner, stating that this is consistent. At that time
I believe they characterized it that way because that's the way it was submitted. But I think if -- if that part
about solely for the use of the owners and guests were removed as a limitation, it would still be consistent.
I don't think it's only consistent because of that limitation.
CHAIRMAN STRAIN: Well, before we go any further on possibly trying to predict what the
outcome is, this is going to come back. Why don't you have comp planning readdress the issue based on
the current application?
MS. DESELEM: Certainly.
CHAIRMAN STRAIN: And then recontirm or not the outcome. That will get us there.
MR. YOV ANOVICH: I'm going to add there's nothing in the comprehensive planning that
prohibits outside guests.
CHAIRMAN STRAIN: That's fine.
MS. DESELEM: That was the point I was trying to makc.
CHAIRMAN STRAIN: Well, if Ms. Caron's concern is comp planning's addressing it, let's get it
addressed right.
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sefrem A, 20lfij)
COMMISSIONER CARON: I am just looking at the staff report and this is the statement they
made in qualifYing it for -- in consistency with our growth management plan. If that isn't the case or they
shouldn't have been doing it, then get them up here and have them say that and take it out.
MS. DESELEM: I'll have them review it again and we'll address that for you.
CHAIRMAN STRAIN: Okay. Are there any other questions of staff at this time?
COMMISSIONER CARON: Yeah.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER CARON: This club at 6,500 square feet with not nearly enough parking to
make it happen, how is it that you're finding that consistent from a planning standpoint?
You're only doing it because you're requiring them to find ofT-site parking; is that right?
MS.DESELEM: Yes. They can be--
COMMISSIONER CARON: Okay. So how does this work in the County now?
I want to understand this because this is kind of a new concept. That now anything that I want to
build, if] -- if I can't meet the parking requirements, I just go buy another piece of property and have
off-site parking.
MS. DESELEM: You have that opportunity or you can seek a variance. But, again, you're asking
for it. It's not necessarily approved just because you asked.
COMM1SSIONER CARON: So it's not necessarily approved, okay. And is there some sort of--
do we have any kind of rules involved in this as to how tar away that parking lot could be?
MS. DESELEM: Not to my knowledge. It just specifies you're supposed to address it and look at
it, but it doesn't state a minimum or a maximwn. You're just supposed to evaluate the distance.
COMMISSIONER CARON: Okay. All right. Thank you.
CHAIRMAN STRAIN: Any other qucstions of staff?
(No rcsponsc.)
MR. YOV ANOVICH: There is a distance requirement if it's valet.
CHAIRMAN STRAIN: Ray, do we have public speakers?
MS. DESELEM: I'm sorry. If I can clarifY. There is a distancc rcquirement if it's valet parking.
But in this case, they're not seeking valct parking. It's going to be a shuttle.
COMMISSIONER CARON: So the shuttle doesn't qualifY as valet parking or valet?
MS. DESELEM: No. Right. It's a different animal.
CHAIRMAN STRAIN: Do you want to -- we're going to ask for the public speakcrs. Now,
remember, there's two issues. If your issue is about the restroom racility,just say so and we'll defer your
ticket until that time or your request to come forward until that time.
If it's about this particular application, the club use, that's fine. It's now the public's Board time to
speak. We ask that you stick to the issues of the documcnt.
I know from talking to people in Vandcrbilt Beach there's concerns about the size of this facility and
other things. You need to provide us infornlation relevant to what's in front of us today though.
So with that -- for anybody who hasn't submitted a ticket, I'll still ask at the cnd after all the tickets
are reviewed if anybody else has any comments.
So, Ray, would you call the first public speaker, please.
MR. SCHMITT: Commissioner, we have eight public speakers, all of whom identified this as the
item they want to speak on. That's Item A.
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: And I'm gonna -- for the speakers, I'm going to read the first name and then the
following name so you're prcparcd to speak.
First speaker is Alex O'Bricn followed by Jason -- I believe it's Mikes.
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16 JeJ;bir 4Ao08 6
CHAIRMAN STRAIN: You need to come to the microphone, either one, identity yourself first and
make sure -- if you have a complicated spelling for your name, it may not be to you, but the court reporter
may have to get it right.
And we ask that you try to limit your discussion to about five minutes, but we don't hold fast and
true to that.
MR. O'BRIEN: Okay. Good morning. Alex O'Brien. It can be with or without an apostrophe.
That's about the only complicated part.
Before I begin, can I have the visualizer picture of the colored one with the beach and the site plan
and all of that put up there? Because there was a picture -- yeah. I don't know.
There was one with lines -- property lines on it, I think, or whatever. No, there was -- yeah, maybe
that was it. Maybe it was just magnified a little bit. I don't know. Yeah, good. Beautiful.
Before I begin, can anybody tell me what those lines are? Those blue lincs and the red lines.
CHAIRMAN STRAIN: I would think that the red lines are your property lines. They're not as
accurate as they should be because they're from the Tax Appraiser site. And they're usually within five or
ten feet.
The blue line appears to either be the right-of-way line of Bluebill Avenue or an easement line that
may be there as a result of the cascments that have been put in place.
MR. O'BRIEN: And that's not like the high water mark line or that?
CHAIRMAN STRAIN: No, sir. We havc a map with that. And if you're willing to -- I have a
copy of that, but the DEP's high watcr mark is the high water mark--
MR. O'BRIEN: No, no. I'll get to that in a minute. Ijust thought a picture's worth a thousand
words. And I, hopefully, will not say a thousand words, so a picture would work out a lot better.
I am here to speak against the conditional use permit for the Moraya Bay Beach Club. There is a
reason why this area was designated Residential Tourist zone. It states right in thc title, Residential Tourist,
not private beach e1ub. My thing is: Where will the public go?
On the Residential Tourist side, we have Bakcr-Carroll Point, where I happcn to live. We have
about 650 doors. That's the way thcy told me to explain it. Number of doors, instead of people and things
like that. 650 doors.
You have Naples Park and associated areas where Commissioner Halas lives with another
approximately 600 homes. I could be off a couple in one way or the other. There are three more condo
buildings across from the project with probably about another 120 doors; two housing developments across
from The Dunes with another 60 doors. This doesn't even take into account the number of doors from The
Dunes, which would walk over to go into the beach.
There's approximately 85 parking spaces in Conner Park for the public to park for the beachgoers.
am estimating at any givcn time, cspecially in season, there could be about 3,100 residents/tourists that
could usc that beach area.
I just look at a scenario if this is approved. When this was first proposed at a town meeting at St.
Johns, there were many people in attendance and many concerns were raised from traffic to public safety.
This goes back to the original one way in the bcginning, not the second one.
I personally asked the following questions: Who is this beach club going to be for? The answer I
got: We don't know.
How many members will it have? Answer I got: We don't know.
So I said: What do you know? The answer was: We could set up 350 lounge chairs at our -- cnd of
our property, which I understand is like a high water mean line, some technical term like that.
I mentioned: Well, it's a public beach. We can sit anywhere. I was very curtly told that in front of
the building is private property. And if anybody sits in that private property area, thcy could be asked to
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SePtemter 4, 2008
leave and sit, obviously, closer to the water.
My question then becomes: Where does the public go to enjoy the public beach that has public
access? Certainly not in front of the private beach club.
After the town meeting, this project appeared to go into hiding and then reemerged a little later on in
a new form, but the use is still the same. We will not be able to sit on that part of the beach.
The private beach club was not included in the original plan, but when the developers found a
selling feature for their Wiggins Pass developing, they decided that this would be the born -- this is where
the thing would be born.
As a matter of fact, it was mentioned in the real estate section -- and I have a copy here -- in April.
Naples Daily News and it stated: Exclusive membership in a private beach club.
How can this be mentioned when the developers haven't even gone through the public process yet?
I guess, we don't have too much truth in advertising.
The developer already has one private bcach club, which I think they failed to mention, the
Floridian on Gulf Shore Drive about halfWay down Gulf Shore Boulevard. They could expand that ifthey
want to have a beach club and offer it to the Moraya Bay people, which the beachgoers are bused to already
and they could still -- oops. Sorry about that.
They can still bus them down to the Floridian. Why do we need another private beach club in what
would be a public area?
Ifthe plan is approved, the developed could bus thc approximately 600, I believe is the nwnber,
doors when thcir Wiggins Pass project is complete. The public has beach access at VanderbiJt Drive. And
where will the public bc at the north end?
There's public access at the south end of Gulf Shorc. Where are the people on the north end going
to go? The 3,100 approximate people.
I'd like the Planning Commission to think about the following and deny the application. Why was
the area zoned Residential Tourist in the first place? Wherc will the public be able to enjoy the beach? Why
will the developers be allowed to take advantage of a public beach lor private purposes, depriving the
residents in the immediate area of the use of the bcach that has been used by the public for thc last 40 or so
')
years.
When the developer leaves this project. the beach will be private. And from that time on, the
residents in the immediate area will havc to live with it, not the developer.
The project that -- the parking at Wiggins Pass topic may be mute irMoraya Bay is not accepted as
a private beach club or if they decide to shill it down to their Floridian area. That's why I just wanted to
show that. I originally thought it showed where the public could sit versus where the 350 people could sit.
If you look at that -- and I was told that they could go up to the mean high water line, whatever that
is. And that's a pretty substantial area to sit350 people. The 3,100 people are squeezed in an arca much
smaller than that.
So you have a developer taking a -- what was forn1erly a nicc public beach. And in season -- I don't
know ifany of you havc been there -- there is quite a Jew peoplc that used to sit in front of the Vanderbilt
Inn. That area is now going to be offlimits to the residents in the immediatc area, plus anybody that comes
in by car. And where will we be able to sit?
We certainly can't walk down to the south end ofVanderbiJt Drive to get on that public beach easily
cnough. And we will have to then go around the private bcach club to sit in front of the condominiun1s that
are further on down the beach.
And my qucstion is: Where is the public going to sit? Where are the 650 people -- the 600, the
other people? Whcrc arc we all going to sit?
We're not going to have a place to sit on the beach, unlcss you want to take a nice hike halfway
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16 1 s!Jbe~ ~ 20086
down the beach. So my question would be: Where are we going to go? And hopefully this will not be
approved so the public can have some public access to a public beach to sit.
Thank you for your consideration.
CHAIRMAN STRAIN: Sir, I've got some questions. Your suggestion that they relocate this to the
Floridian.
MR. O'BRIEN: Right.
CHAIRMAN STRAIN: I didn't know about that Floridian. I didn't know such a place existed.
MR. O'BRIEN: Oh, yeah. It's for the members of The Dunes, but only certain buildings of The
Dunes. I don't believe it's open to everybody.
CHAIRMAN STRAIN: Right. But how would that help your argwnent? If they move people to
Floridian, they're still putting thc same amount of people on thc bcach. I'm just wondering --
MR. O'BRIEN: See, whcrc the Floridian is, it's halfWay down Gulf Shore Boulevard. There's two
public accesses near it, which maybe there's like 20 or 30 homcs that would walk down the street, cross
through the beach onto the beach. And there's plenty of room on either sidc of it, all right?
Where they're proposing near Moraya Bay, there's going to be public access. I'm sure you're
familiar with this. Thcre's public access right there onto the beach. You need to hang a left, you'd be on the
beach enjoying thc bcach.
If they move it to the Floridian Club, they're in the middle of the beach, very few -- well, much less
in the amount of people sit therc bccause of only the couple of streets that have a few houses on them.
Where the other end, where the Beach Club is proposed, 3,100 people approximately can sit on that beach.
So if they move it to the Floridian Club, that frees up that part ofthe beach that always was there for people
to sit.
CHAIRMAN STRAIN: Okay. Thank you. I just didn't understand.
Mr. Schiffer.
COMMISSIONER SCHIFFER: I have a question.
MR. O'BRIEN: Sure.
COMMISSIONER SCIIIFFER: The ad that you said you become a member ofthe beach club,
what is that an ad for; what development?
MR. O'BRIEN: This is Moraya Bay Beach Tower.
COMMISSIONER SCHIFFER: Because they havc an internal capture calculation here. So
everybody in the --
MR. O'BRIEN: Moraya Bay Beach Tower, which is now underway on northern end of Vanderbilt
Beach will featurc unobstructed views of Gul f of Mexico. In addition to enjoying beachcombing, Moraya
Bay Beach Tower residents will be granted exclusive membership in a private beach club which will
provide food, beverage, concierge service and will have an option or membership in a proposed private golf
club.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
MR. O'BRIEN: It was in the paper even before this whole thing started. As you can see, I'm not a
big fan or this. Thank you.
CHAIRMAN STRAIN: Thank you.
Next speaker, please. Ray, you want to call the next to be in line.
MR. SCHMITT: Jason Mikes followcd by, it looks like Carl Scymour.
MR. SEYMOUR: My questions have been answered. I can give my time.
CHAIRMAN STRAIN: Mr. Seymour waivcs.
MR. SCHMITT: Joe Connolly then will follow Mr. Mikes.
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16 ~plber 40086
MR. MIKES: Good morning. For the record, my name is Jason Mikes. It's spelled M-i-k-e-s. I'm
an attorney at Quarles and Brady. And our tirm serves as legal counsel to Wiggins Bay Foundation, which
is the association responsible for the operation of Wiggins Bay.
I was asked to come here to get more inlormation about this project when it recently came to our
attention that there was possibly a parking lot or structure proposed within the Wiggins Bay PUD. I was
also asked to come here to reserve the Foundation's right to speak before the Board of County
Commissioners if we felt that was neccssary as this moves forward.
But my main purpose for being herc -- and it has already been addressed, thank goodness -- is to
point out to staff that the proposed parcel for this parking is subjcct to the Wiggins Bay PUD. And it states
that it's governed by a C-2 zoning restriction in effcct when the PUD ordinance was initially approved.
And I think, as you'll rcad, it may require more than simply stafT administrative action if they want
to put a parking lot or structure in this location. So I'm just stating this, you know, for the record.
I appreciate all your time. Thank you very much.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, please.
MR. SCHMITT: Joe Connolly followed by Carol Wright.
MR. CONNOLLY: I will have Mr. Burkhard go first.
CHAIRMAN STRAIN: Mr. Connolly asked that Mr. Burkhard speak first.
MR. SCHMITT: Then Mr. Burkhard.
CHAIRMAN STRAIN: I have no objection for Bruce. That's fine.
MR. SCHMITT: Mr. Burkhard followed by Carol Wright.
MR. CONNOLL Y: Well, I still want to speak.
CHAIRMAN STRAIN: I understand.
MS. WRIGHT: And I'm waiving my time to Mr. Burkhard. My speaking minutes.
MR. SCHMITT: Followed by Joe Connolly then.
CHAIRMAN STRAIN: Brucc, you have got about two hours then.
MR. BURKHARD: Well, I only have 20 pages. So that will just work out fine.
Actually, I did write this out. I'm not much ora public spcaker. And I want to make sure that I
cover everything that I wanted to cover. So I did write it.
As a rcsult of that, some of what I discuss in the writing ha~ probably bccn addressed during the
conversation. So if you would, please, bear with me on that. I would appreciate it.
My name is Bruce Burkhard. And I'm the Chairman ofthc Vanderbilt Beach Residents Association
Zoning Committee. Our association is opposed to approval of this particular conditional use. Simply
stated, we feel it's an egregious overreach by the dcveloper.
It also appears unseemly to us to have a County department, the parks and recreation, signing on as
co-petitioner to add credibility to what seems to us to be a flawed idea. If there was a rational nexus for
including parks and rec in an earlier iteration of this plan, that nexus or reason no longer exists and they
should withdraw and drop the prejudicial appearance. County staff should not be aiding a developer in
winning County approval, in our view. It's really a faith in government issue.
This project has sought and is continuing to scek variances as it has tricd to overfill the space
available. When is enough enough? And whcn is one more use crammcd onto a site too much?
I think we've reached that point with this conditional use requcst. What you're bcing asked to
approve is basically a restaurant and a bar business for an undetermined number of actual club members.
They want you to write a blank check, plain and simple.
Read thc words carefully in item two of your staff recommendation. And it says, quote, the club is
limited to the rcsidents and their guests and a maximum of250 non-resident members on site at anyone
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September 4, 20W
time. It doesn't specifically state how many total nwnbers you may be authorizing. And I'm not sure that
the 250-plus people are counted if they're not physically located within the walls ofthe club. And I think we
talked about that a little bit.
One of the key problems with this petition, and a clear demonstration that it's really an over-the-top
project, is the fact that they've got no on-site parking left to accommodate all of the members, guests and
even staff people. Where else would a restaurant and a bar be allowed to open with absolutely no parking
facilities nearby? Where will the help -- the bartenders, waiters, waitresses, cooks, cleaners, beach boys and
so on h park when thcy come to work? And I think we've already alluded to the fact that one likely place
might be Conner's Park, thus robbing local citizens of their beach parking spots.
And I don't see any way that that is going to bc policed. You're offered a solution of a shuttle
service which is going to pick up passengers somcplace, the exact locations arc nowhere spelled out in the
petition, other than a nebulous someplace inside one of these gated communities, but is that all?
Will the shuttles also be stopping in public parking areas'! Will they be stopping in Conner's Park?
Maybe, maybe not. This is another blank check request.
Is it reasonable to approve a transportation system where you don't cvcn know where the buses will
be stopping? I-low can this system be policcd and enforced to ensure that ordinary citizcns are not forced to
lose their beach parking spaces?
The La Playa Beach Club -- they have a bcach club on their site -- has on-site parking. That's part
of the deal. And we believe that this should bc a model for any other beach clubs that ask for conditional
uses anywherc along the beach.
We're very concerned that if this club is permitted it will be uscd as a model tor future dense packcd
projects. And these, as was just mentioned, are being put in the RT areas of V anderbilt Beach.
This area is going to be subject to redevelopment. I have no doubt about that. And do we want to
set this up as an example for future developments? Do we want to have thesc busing projects? Do we want
to have lots and lots of people come -- more and more people come to thcsc cxclusive, privatc beach clubs?
The effect of this conditionalusc would have a negative eJ1cct on neighboring properties, both
along Gulf Shore and the Baker-Carroll Point buildings.
Please keep in mind that the RT designation stands for Residential Tourist. This arca is primarily a
residential neighborhood comprised of condominiums in which people live. Packing additional intensity by
way of a club, a restaurant and bar, in effect, incrcases the density in that arca. This is something that the
VBRTO, Vanderbilt Beach Residents Overlay. was supposed to limit. Our aim was to take our
neighborhood back from mixed overdevelopment.
Ifapproved, this CU would do the opposite. Wc rcquest that you deny this CU request. Thank you.
CHAIRMAN STRAIN: Thank you, Bruce.
Your comment about La Playa Beach Club on sitc, I don't know -- [ would like to ask staff when
this comes back, provide us with an analysis of what I"a Playa did in regards to their beach club usc, if such
a use exists thcrc, as far as the parking goes, okay?
MR. SCHMITT: There is a private bcach club in that hotel. It is a separate and distinct entity from
their restaurant that they havc. It's a separate floor in the hotel. It's a private beach club.
And, of course, they have the parking across the street in the parking garage. Thcy have a separate
parking garage.
CHAIRMAN STRAIN: I understand all that, Joe. But I'm trying to say is if the residents indicatc
that's a model of what ought to be set as a standard tor up there for this kind of use, I'd like to know what it
is they did that was thc model. So that if this projcct could be done similarly, that may be the way to look at
it.
I just would like to know what the modcl of the beach -- or what La Playa set. It's a good precedent,
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16 I~PteAer 4,(,08
if that's the case. If the residents like it, I'd sure like to see what it is.
MS. DESELEM: For the record, Kay Deselem. So you just want us to analyze and provide the
information as to -- for the parking calculations or what exactly is it you want?
CHAIRMAN STRAIN: The testimony provided here today says that the La Playa facility has a
beach club. If they do, that's fine. Ifthey do, somehow they got parking. How was their parking arranged?
Is it inclusive or more than the facilities that are there? Is it part ofthe facilities that are there? Is it
off site? Is it shuttle?
Whatever methodology they used seems to work well for the neighborhood because we just heard
testimony that was an acceptable pattern to use. I'd like to know what it is so if we can do it here and we can
make it more palatable. Or if it can't be donc here, we need to know that, too.
MR. SCHMITT: I just want to caution with the understanding that the La Playa is a hotel. It also
has -- what do you want to call it -- convention facilities. There's a separate building for that.
It's a -- it is similar, but it is much more than a condominiun1. And we can provide the parking
analysis for that entire project.
CHAIRMAN STRAIN: And you're right. I had forgot. This used to be a hotel here.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: So that may have a different bearing on the whole thing then, yeah.
MR. SCHMITT: Ycah.
CHAIRMAN STRAIN: Okay. I understand.
But I would like to know if there's any additional parking, how they handled their parking for their
beach club. Not critically against them. Theirs is an existing facility. I'd just like to know if they added it to
the site or they brought thcm in from off site.
MS. DESELEM: Okay.
CHAIRMAN STRAIN: And that would help understand better the situation that Mr. Burkhard
brought up.
MS. DESELEM: All right. I will look into that and providc the information.
CHAIRMAN STRAIN: Thank you.
MR. SCHMITT: .Toe Connolly followed by Gina Downs.
MR. CONNOLLY: I'm .Toe Connolly. And I live at 10633 Gulf Shore Drive in a condominiwn, the
fifth building south of the Moraya Bay.
I'm vice president of the Vanderbilt Beach Residents Association. And I'm here today to speak and
ask you to deny this variance.
I'm not going to go into the parking situation. That's already been belabored. I'm not going to go
into the traffic situation. That's already been taken care of.
You've got the Baker-Carroll Point. You've got Wiggins Pass Point, which may be expanded.
You've got the new beach access. Y ou'vc got additional parking being made at Conner's Park. It's all to let
the public and the tourists enjoy the beach.
This beach club -- I'm not against beach clubs, but this is the worst site in the world to have a beach
club. Because it's the only access point that a lot of people have to get to the beach. And to privatize it is a
Sill.
The County Commissioners cry: Beach acccss, beach access. Give us beach access. A vote for
this denies the public beach access.
Thank you very much.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker.
MR. SCHMITT: Gina Downs and then your last speakcr then will be Mr. Doug Fee.
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Jl t)sl~beJl,20~
MS. DOWNS: I waive.
CHAIRMAN STRAIN: Gina Downs has waived for this application.
MR. SCHMITT: Doug Fee.
CHAIRMAN STRAIN: Is there anybody that would like to speak after Mr. Fee?
(No response.)
CHAIRMAN STRAIN: Okay. Well, I saw your hand, Richard. We have questions. I certainly
have questions of you.
MR. FEE: I'll try to be very brief Good morning, Commissioners. Thank you for the opportunity
to speak.
For the record, my name is Doug Fee. The first thing I want to -- want to point out is last night I
tried to research some of the code -- code references. And I do want to really concur with this Planning
Commission on the municode situation. We've got to do something about it.
We're a billion dollar corporation. It is a -- I don't even know the word for it. It's horrendous. And
we've got to solve because the average citizen, as well as the Planning Commissioners -- I really don't know
how they can do their job if we don't have one consolidated book that lists the ordinance, lists the code.
You cannot do that.
With that comment, on the visualizer is the analysis. And what I'd like to state today is -- at the very
minimwn I'd like to see that this be continued. I don't know with the information and the tcstimony that'
been presented how one could conclude an approval of this conditional use.
I just briefly want to read. It says: Before any conditional use can be recommended to the BZA, the
Planning Conunission must make a tinding that, one, granting approval ofthe conditional use will not
adversely affect the public interest.
And, number two, all spccific requirements for the individual conditional use are met.
And, three, satisfactory provisions have been made concerning the following matters where
applicable.
Number two states, all spccific requirements for the individual conditional use are met. And when
you go to Exhibit D of the resolution, number six reads: The use of the private club by non-resident
members shall be prohibited until such time as the petitioner has received otl~site parking approval or
otherwise made accommodations to provide the required 83 parking spaces.
I believe we have the carl before thc horse. How can you approve and know that this conditional use
is in the public interest when, first of all, you don't even know where the compatible issue -- thc
compatibility issue comes into play? You don't know where these people will park. You don't know what
that's going to do to the neighbors to that oft~site parking.
I believe the facts have shown from even the lawyer for the petitioner that they plan on putting a
parking garage located at the comer of Wiggins Pass and Vanderbilt Drive. And that may be the location
for the shuttles.
Living in that area, I know that the surrounding people would want to know that that, in fact, is
being considered. They would want notice. They would want to vet it. And I can tell you that there's many
people in that community who arc not aware or this. So it seems to me you'd want to at least havc that
discussion before approving a conditional use that doesn't have all the answers.
One other thing I want to state about the Wiggins Bay Foundation and the master plan -- and let me
just put this on the visualizer.
On the visualizer is the master plan for that PUD, the Wiggins Bay Foundation. And I've
highlighted thc commercial 3.5 acres at the corner of Wiggins Pass and Vanderbilt Drive. One thing I want
to point out is it seems to me you'd have to have some kind of an amendment to that PUD because of the
access point.
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"'Ipte'nl+r 4, 68
The only access point, my understanding, is through the circle, which I highlight, which comes
through the resident -- it comes through a gate. And you would have to proceed through the PUD to access
that 3.5 acres.
Where would the access point for the shuttles be and would you then have to seek some
modification to this PUD if this is where you're going to have the parking? I just wanted to point that out.
I'm hoping that you will just continue this and allow further information to be vetted. Thank you
very much.
CHAIRMAN STRAIN: Thank you, Doug.
Any other public speakers, Ray? Anybody?
MR. SCHMITT: That's all we have.
CHAIRMAN STRAIN: Mr. Y ovanovich, before you start I have a question. During the discussion
of this building in reference to the overlay when the Bert Harris claim was fired -- filed, was there any
discussions involving the -- at the public meetings involving the anticipated use of this site as a club site?
MR. YOV ANOVICH: I believe so. I know that the original -- before this even started, going back
to the overlay -- I mean, the moratoriwn.
The application for this specific site was for both a residential condominiwn and a private beach
club. That's when the moratoriwn hit and the actual VBRTO -- the overlay provisions clearly provide that
private clubs are allowed by the conditional use process within the Vanderbilt Beach Residential Tourist
Overlay.
So it also allows for hotels and motels. So it's -- as you know, and maybe the general public doesn't,
is the RT district is really a combination of tourist, meaning hotels, motels, and residential. It's a mixture of
uses. It's not an exclusively residential zoning district. It's deliberately intended to have that mixture of
uses.
So the -- it's a long-winded answer to, ycs, we've always contemplated a beach club. We always
knew we had to go through the conditional use process. And I don't think we've hidden that from anybody.
CHAIRMAN STRAIN: My question though was: During the public meetings with the Board of
County Commissioners when the Bert Ilarris claim was settled, was thcrc any discussion during those
meetings that there was going to be a beach club here, in addition to the residential tower that's there?
MR. YOV ANOVICI-I: I don't remember. I'd have to go back and look at the minutes.
CHAIRMAN STRAIN: I'rnjust wanting to understand if you knew it ollband.
MR. YOV ANOVICH: I don't remember.
CHAIRMAN STRAIN: Okay. Thank you.
Oh, one question Mr. Burkhard pointed out I'd like to ask. You have the owners -- first of all, this
petition is for the beach club. You have the owners listed as VI Limited Partnership and Collier County
Parks and Recreation Departmcnt. What does the Collier County Parks and Rec Department have with this
one?
MR. YOV ANOVICH: I think that Mr. Burkhard is right. We should have, when the joint facility
no longer was a joint facility, should have separated the two.
And the other petition that you'll hear next, I think we have to stay on that because there is a sliver
of that property that we do own related to that petition. But that should -- once they no longer are together,
the County probably is not applicable.
CHAIRMAN STRAIN: Okay. Thank you.
Go ahead.
MR. YOV ANOVICH: We're going to request a continuance to address stall' comments. But I
wanted to address just a couple of them right out from the get-go.
The first speakcr and, I think, Mr. Connolly said, you know. we were somehow privatizing the
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16 1 SltemA 4,26
public's beach for our use. And this is -- this is a pretty good exhibit. And when we come back we'll bring
you the site development plan.
But what I was referring to at the public meeting is the public beach typically is the mean high water
line towards the water. However, when there's a beach renourishment project you establish an erosion
control line. And the public's portion of the beach is the erosion control line waterway.
We're not interfering with the public's portion of the beach. What you see here is -- you see the
dune line? See the dune? Can you see sand landward of the dune? That's our private beach. That's what's
part of the beach club petition.
The big sandy white area water-ward is not. We're not intending to interJere with the public's access
to the public beach.
So I just wanted that to be really clear. Because there were thcse statements that we were somehow
co-opting that property for our use when we're not. That will remain public and the public will have the
right to use it.
We have -- the predecessor in title to this property has made public access available to the residents
through the easements, through the ability to do a turnaround. We've done nothing but try to make this
better. We understand that. We're not interfering with that with this. We will come back to you.
Frankly, I think we're a better transportation story than La Playa or anybody else because we're two
shuttles an hour. Their private. Their people arc coming. However many members can come to those
parking spaces set aside just for that use is more traffic than we will generate when we're two shuttles an
hour.
That's minimal tratlic impact to provide the public -- and wc got to remember, people who live in
residential communities that don't iront the water arc also public. We are providing that public access to the
beach in a manner that we don't interfcrc with public parking and we reduce traffic.
We'll come back to you, if you'll grant the continuance, address the issues regarding employee
parking, where's the parking going to be if it's off site.
CHAIRMAN STRAIN: You've got eight issues so far on my list. I can read them to you.
MR. YOV ANOVICH: I think those were the two primary ones. There probably are others.
CHAIRMAN STRAIN: There's others.
MR. YOV ANOVICH: But we'll be happy -- if you'll go through the list and we can all agree that
those are things we've got to come back at the continued meeting, we'll -- I know we need to give the SDP
to everybody and whatever clse we'll be happy to do.
CHAIRMAN STRAIN: Was there a public easement bctwcen Wiggins Pass and this property prior
to the easement that's there now?
MR. YOV ANOVICH: I don't believe so.
CHAIRMAN STRAIN: So there was no public access prior to the Bert Harris settlement?
MR. YOV ANOVICH: Only thc generosity of the Vanderbilt Inn in allowing people to access.
CHAIRMAN STRAIN: Okay. Was iliere any public access prior to thc Bert Harris settlcment?
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: Okay. You just talked about laying out diflerent levels of the beach.
Some of the beach is public, some ofthe beach is -- well, the white sand you believe is yours. I'm not
debating that.
Would you mind, in your return, providing a lined diagram showing where the differentiation is and
what parts of the beach, whether public or private, you believe your residents will be concentrated on that
will be offlimits to the public and what is remaining tor the public?
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: So are there any other questions of Richard before I read my list?
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1611~''''A -
Septemb , 20r6
Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: Richard, one of the speakers spoke that it appears 100 percent of
the unit owners will be members of the club; is that true?
MR. YOV ANOVICH: Yeah. I think so, yes. Yes.
COMMISSIONER SCHIFFER: Not the 75 percent in the parking analysis?
MR. YOV ANOVICH: I think we went with less internal capture.
COMMISSIONER SCHIFFER: Okay. That's good.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: You may have it as a stipulation. And if you do, I'll withdraw it.
But I think a very important part of this is how you will, in fact, control the number that you cite. And that
needs -- defInitely needs to be qualified.
CHAIRMAN STRAIN: Anything else?
Richard, I got nine issues that I think if we grant a continuance they ought to be responded to to
come back.
The first one is we need the parking calculations. You have provided those today. So as long as
everybody has got those, I guess that can come off the list.
Are the parking calculations we got today going to be the parking calculations that you would -- this
staff has accepted for this property?
MR. BELLOWS: Yes.
CHAIRMAN STRAIN: Okay. So that one can come off.
We need a diagram of the parking locations. I believe you've shown those on the third page ofthe
parking calculations, as well. Is that to be assumed?
I'm just trying to eliminate all the paper we can between now and the next one and focus on the
paper that's missing.
You have three locations shown on there.
MR. YOV ANOVICH: Yeah. This is if we were to utilize the Wiggins Bay PUD site. That would
be the layout.
CHAIRMAN STRAIN: Okay. If you were to utilize the Wiggins Bay site, you've actually shown
what may be considered a site plan or a layout for some parking layout there.
MR. YOV ANOVICH: Yes. That's--
CHAIRMAN STRAIN: Okay. For whatever purpose, staff needs to review this. Whatever you
haven't reviewed, we'll be seeking your input at the next meeting, I'm sure. So the -- we need to verifY the
parking locations. We need a monitoring plan f{)r the -- how you're going to monitor the maximum
capacity of members using the facility. And we need copies ofthe SDP.
Now, I'd like to ask the Commission if they would accept 11 by 17s?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: I eertainly think I would. Is everybody else happy with that?
COMMISSIONER MURRAY: As long as you can read it.
MR. SCHMITT: When you say SDP, I just want to clarifY, because the SDP includes a lot of n
CHAIRMAN STRAIN: I think we necd the pertincnt pages to the site plan, the tower layouts for
the floors in question, which I would imagine the first two or three t100rs would cover that because that
would be your pool deck and things like that.
MR. SCHMITT: You already have the floors in your packet.
CHAIRMAN STRAIN: Well, that's fine. Whatever we don't havc. I think we're looking
specifically for the SDP site plan that provides the parking calculations, the open space calculations, and
then the layout of the second floor or evcn the first floor, depending on where the pool deck shows up. The
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layout of the areas that would be club associated with.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Is there anything else, Brad?
COMMISSIONER SCHIFFER: Yeah. Also show where the waiver for the additional floor. Show
all of the documents supporting where that waiver came from.
CHAIRMAN STRAIN: What's that got to do with --
COMMISSIONER SCHIFFER: Well, that's where the beach club is going. I mean, ifit's a -- the
code says you can raise the building to put parking and we're putting the beach club there. I'd like to see
what the SDP thought about that.
MR. YOV ANOVICH: Well, we had to do that to get the SDP approved, Mr. Schiffer. We're
happy to give you that docwnent to show we meet the 300 extra square feet per space and all the others.
CHAIRMAN STRAIN: Okay. We want to get the comp plan department to rewrite their -- or
readdress the actual application versus the discrepancy that we noted in the -- for their writeup. We ask that
you take a look at the La Playa provided -- La Playa has done a good job working with the neighborhood up
there. We'd certainly like to benefit from that, ifthere's a way that -- that it compares. It may not compare,
but at least we ought to take a look at it.
The cover page of our supplemental staff report ought to be reissued to remove the County parks
and recreation department reference on there. We ask that therc bc a layout of the beach area versus private
area. Show us more specifically how that delineation is provided.
Is there anything that's been missed from anybody on the Planning Commission?
MR. YOV ANOVICH: I only have seven. Did I miss -- what did I miss?
CHAIRMAN STRAIN: There's a couple ofthcm we dropped and combined. I had one on here we
hadn't even got to discuss yet, but it doesn't matter. It isn't something that needs -- it isn't applicable to a
recondition -- a withdrawal or a continuation.
That's some kind of -- if this were to be approved, that outside area is a -- right now a residential
use. You got a tower there. No one would expect outside bands, music and noise. And so the amplified
sound and noise issue would be one that would have to be addressed one way or another on that property.
So if you want to think about that. It's not a submittal issue. It's just something you need to think
about.
Anything else?
Mr. Schiffer.
COMMISSIONER SCHIFFER: I have one thing. And this would probably come from staff. As to
why adding this to the residential use doesn't cause this to be a mixed use property. Staff can answer that in
an e-mail.
CHAIRMAN STRAIN: Okay. The simple answer is it's listed as a conditional use under the
zoning use. So, I mean, they wouldn't have to.
COMMISSIONER SCHIFFER: But, in other words, to me, I think it's a mixture of commercial
and residential, thus a mixed use. But if they can give me the code trail, I'll back off on that.
MR. SCHMITT: You want that addressed --
MS. DESELEM: IfI'm--
MR. SCHMITT: Go ahead.
MS. DESELEM: I'm sorry. I missed exactly what it was you wanted, Mr. Schiffer.
COMMISSIONER SCHIFFER: I mean, this -- right now this thing is a residential property. And
bringing this into it -- ror example, let me make -- let's say you put a gas station in there. Would that not
become now a mixed use property, thus falling under different standards of the code?
CHAIRMAN STRAIN: You couldn't. There's not -- it's not a condition -- that's not an allowable
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16 I FptqmAr 4,1)8
conditional use.
MR. SCHMITT: It's not part of the VBRTO. You're not even allowed to put a gas station in the
Residential Tourist Overlay.
COMMISSIONER SCHIFFER: Okay. That was a bad example then. I mean, I don't have all the
uses in front of me. So what you're saying is that this is still a residential property?
CHAIRMAN STRAIN: Why don't we put the uses for the RT district up here so Brad can see?
Because you have principal uses under this R T district and then you have accessory uses and conditional
uses. And all orthose could apply to this property through the right process if it were to be approved.
COMMISSIONER SCHIFFER: So, for example, if you put a marina on here, what would it be? Is
it a commercial?
My concern is that 1 think that these n this is a commercial use added to a residential property. It's
certainly allowed by this through this process.
MR. YOV ANOVICH: It's two pages, Mr. Schiffer.
It's two pages. The top is the permitted uses, which are hotels and motels, multiple family
dwellings, family care facilities subject to Section 5.0504 and timeshare facilities. And then there's
accessory uses related to those permitted uses.
And then there's the list of conditional uses, which, as we all know, are uses that are appropriate on
the property, but not on every property within the RT zoning district. Churches, marinas, noncommercial
boat launching facilities subject to an LDC section. Group care subject to an LDC section.
And you go to the next page and you have private clubs and yacht clubs and then you get into the
dimensional standards.
COMMISSIONER SCHIFFER: Leavc that up.
MR. YOV ANOVICH: So there are six specific conditional uses cited within the VBR.
COMMISSIONER MURRAY: Okay. So what you're saying is that if you mix a permitted use
with a conditional use that is not a mixed use building then?
MR. SCHMITT: That's absolutely correct.
CHAIRMAN STRAIN: And I --
COMMISSIONER SCHIFFER: It falls under the requirements for the residential then?
MR. SCHMITT: It's a --
MR. YOV ANOVICH: As far as the dimensional standards?
COMMISSIONER SCHIFFER: Or architectural standards or anything else. That's what you're
saymg.
MR. SCHMITT: It's a permitted use by public hearing. It's a conditional use by public hearing,
which is allowed within the VBRTO. It's a --l'm not sure what you're trying to get at.
CHAIRMAN STRAIN: I think it could be resolved by answering the simple question: Does the--
does a conditional use that's allowed under the typical zoning, which is RT here, change the zoning?
MR. BELLOWS: No.
MR. YOV ANOVICIl: No.
CHAIRMAN STRAIN: Well, then we wouldn't need to -- we're not changing the zoning in any
manner. I'm trying to understand how they could answer your question. That's what I'm trying to focus on.
COMMISSIONER SCHIFFER: Well, my concern n let me tell you what. The architectural
standards. Is this exempt from qualifYing for the architectural standards, even though it now has a
commercial use in the building?
I mean, the private club is not a residential use. It's allowed by conditional process.
MR. SCHMITT: Principal use for the building is a -- it's a condominium. And as such -- I mean, it
falls under the architectural standards for a multifamily development. It was reviewed under those criteria.
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COMMISSIONER SCHIFFER: I tell you what, I'll do the research then. And if] see something,
I'll send --
CHAIRMAN STRAIN: All right. That what probably be simpler than trying to figure out what
you mean by staff. So that would work.
Okay. Those are the issues I believe we've all asked. Is there any other questions?
There's been a request for a continuance by the applicant. As far as the date, do we need to peg a
date certain for the time at this point or does it have to be --
MR. SCHMITT: The earliest I could bring this back is October 2nd.
CHAIRMAN STRAIN: October 2nd?
MR. SCHMITT: Absolutely. That's -- there is no way this could be heard at your next meeting on
the 18th because, frankly, I'd be -- I'm distributing packets on Monday.
CHAIRMAN STRAIN: Oh, no. The 18th we're going to -- I can tell you, based on how long today
is going, everything this afternoon I bet you is -- a lot of it is going to be deferred to the 18th. So we're
going to be stuck on the 18th as it is now.
MR. SCHMITT: And I can't even guarantee the 2nd right now. I need to look at the list of
petitions. This may be continued to no earlier than October 16th, which will -- I will advise the applicant
that there will no way that it will be heard by the Board of County Commissioners on the 28th of October if
it's delayed to the 16th. It just will not happen.
CHAIRMAN STRAIN: There's a rcquest for an indefinite continuance. And the date will have to
be pegged in the future. We don't have a datc then, do wc?
MR. SCHMITT: I will -- I will state on the record we'll continue to the 16th.
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: I may end up putting it on the 2nd. But my guess, just sitting here with Ray
looking at -- we're closed out on the number of pctitions for the 2nd. But I don't know if anyone of these
are going to bump or bc bumpcd ofT.
CHAIRMAN STRAIN: Mr. Klatzkow.
MR. KLA TZKOW: If this has to be readvertised, it will be at the cost of the petitioner.
CHAIRMAN STRAIN: Okay. Richard, did you have any -- you said -- you're standing there
surprised.
MR. YOV ANOVICH: Oh, I'm not surprised. I just don't -- the last comment kind of caught me ofT
guard. If we're going to tell the public it's the 16th, let's do it the 16th.
MR. SCHMITT: We'll do it the 16th.
MR. YOV ANOVICH: If we tell the public the 2nd, let's do it the 2nd. And, of course, the
advertising costs, that's a given.
MR. SCHMITT: Okay. I will state for the record then continued to 16 October. Board date to be
determined.
CHAIRMAN STRAIN: Okay. There's a request to continue to the 16th of October.
Is there a motion?
COMMISSIONER MLJRRA Y: Yes.
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner
Wolfley.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor signify by saying aye.
COMMISSIONER KOLFLAT: Aye.
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September 4, 2008
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Ayc.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries eight to zero. That was a lot oftime to not finish.
The ncxt issue. By the way, we customarily take our lunch break about quarter to 12. We're going
to have to stick to that because I can tell you this is going to go on into the aftcrnoon on just the first two
issues. So we will take a break at quarter to 12 and then we'll take an hour break at that time.
I'm assuming the court reporter is comfortable to that point.
Item #9B
PETITION: CU-2008-AR-I3201
Okay. The next pctition is CU-2008-AR-13201, VI Limited Partnership, Collier County -- and
Collier County Parks and Recreation, Moraya Bay Beach Club. And the drawings say toilet facility. I
guess that's not the most polite way of doing it, but that's, I guess, what we're doing.
So all those wishing to testify on bchalf of this petition, please rise and be sworn in by the court
reporter.
(Speakers wcrc duly sworn.)
CHAIRMAN STRAIN: Okay. Are there disclosures on the part of the Planning Commission?
COMMISSIONER MURRAY: Same--
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRA Y: -- convcrsation I had with Mr. Yovanovich.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: The same conversation with Mr. Yovanovich.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER CARON: .lust ncighborhood.
CHAIRMAN STRAIN: Ms. Caron, neighborhood.
And myself thc same conversations I had would have occurred at the same time.
Okay. Presentation by the applicant. In this particular case Mr. Y ovanovich has switched sides.
He's gone from the dark side to this side. And he's representing Collier County as Parks and Recreation.
He's like an amoeba.
MR. YOV ANOVICH: As you know, Collier County is onc of the bigger developers in the County,
so it's still a developer.
Good morning. For the record, Rich Yovanovich on behalf of the applicant. There are three people
from your parks and rec department herc or public services, Barry Williams, Gary McAlpin -- and I just
blanked on the third one. Murdo. Dan Miller is here also to answer any architectural questions regarding
the -- I call them restroom facilities.
The request is for a conditional use to allow the construction of public restrooms. I'll take you
through a few exhibits to show you where the facility is and how it will look from the public's perspective.
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The restrooms would be constructed within the County's right-of-way for Bluebill Avenue and, as I
said earlier, a small sliver of the Moraya Bay condominium property.
As I said earlier, this --the restroom really is a result of the Bert Harris settlement for the Vanderbilt
Inn. The County negotiated a payment of $500,000 to cover the cost of constructing the restroom, as well
as a turnaround. And the County has stated -- and, I believe, that there is a tremendous nced for public
facilities at beach access points ror people who are using the beach. There currently aren't any County
owned public facilities in this area.
Due to building code regulations, we cannot bui Id the restrooms at grade. We tried to get a flood
zone variance and that went nowhere. So we have to build -- we have to elevate the restrooms and that's
why the restrooms are elevated.
We used -- because these are non-residential, non-residents and non-habitable structures, we use the
FEMA elevation versus the DEP elevation. Dan can get into greater detail on that, if necessary. But that's
the reason you see a difference in elevation -- minimum elevation rcquirements between this petition and
the condominium.
If! could take you -- you have all of these exhibits in your backup, but they were too big to put on
the visualizer. I don't know if someone is going to focus in on that now for the public or not on the
monitors. I don't think they'll fit, Joe.
This is -- as you're going facing westward, this is what you will see. This is the County's restroom
facility. This application doesn't inelude the turn lanc -- I mean, the turnaround.
But this is the turnaround that the public's been discussing. It's not part of this petition, but that is
what is also part of the settlement lor the Bert Harris -- Bert Harris elaim.
This is another -- another view looking wcst to cast showing the public restroom again. And then
there's the public access underneath it. I believe that's our wall. So that -- that will show you an elevation
looking from the water towards the residences.
I'll put a site plan up. If you want to see the other elevations for the architecture, I can show you
those, as well.
This is the site plan that. It's an overall site plan. As you can see, it also includes what we talked
about earlier.
But this is the dropofI And this is the portion of the dropoff on the Moraya Bay property, which
we're prepared to give an easement for. The public restroom facilitics, as well as thc public beach access
that was part of the settlement.
The issues that came up at the neighborhood inlormation meeting, some people were concerned
about their view. Some people were concerned about the loss of the 18 parking spaces because of the
dropofI And question arose as to how Irequently the County would be maintaining the facilities.
Marla Ramsey was with me at the neighborhood information meeting. And, I believe, she says the
County would be maintaining those facilities -- I'm looking for the summary. I think twice a day.
COMMISSIONER MURRA Y: Yes.
MR. YOV ANOVICH: Do I have that right, Mr. Murray?
COMMISSIONER MURRAY: Yes.
MR. YOV ANOVICH: Twice a day. And, I believe, open 8:00 a.m. to dusk as it is down at the
southern end of this area down by the Ritz. There's a public beach access with public restrooms. So it
would be operated similarly to those facilities.
Those were the issues that were raised. These issues were -- you know, the turnaround and the
public restroom facilities were all vetted as part of the Bert Harris settlement. County Commission
basically directed, you know, parks and rec to make the bathrooms happen. That's what we're in the process
of doing. The developer has already paid the $500,000 to the County to address the cost issucs related to
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the restroom, as well as the turnaround.
And with that, we'll be happy to answer any questions you may have regarding the proposal. I do
want to -- I know that the loss of the 18 parking spaces was an issue. There's a proposed expansion for the
existing parking in the area. I believc they're adding 90 spaces.
MR. McALPIN: 88 spaces.
MR. YOV ANOVICH: 88 spaces to address the loss of those 18 and provide additional parking in
the area. And that should be done relatively soon. They're waiting for one last permit based on yesterday's
conversation.
Gary can answer any detailed questions regarding that. But the County is aware of the parking and
is increasing parking in the area. And with that, that's an overview of the request.
StatTis recommending approval. We're requesting that the Planning Commission forward this
petition to the Board of County Commissioners with a recommendation of approval.
And with that, we can answer any operational questions that the Planning Commission may have
related to this request.
CHAIRMAN STRAIN: Any questions from the Planning Commission?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Rich, this is from the building code side. You're building a
building over a property line. Has anybody looked into what that means, in terms of the building code?
In other words, I don't know how you're going to do it.
MR. YOV ANOVICH: Well, the County staff is aware ofthe sliver that we're going over. And the
zoning department and the planning department has raised no issues with that.
COMMISSIONER SCHIFFER: If it is an issuc, could you givc us the land underneath the
building?
It's of no use to you. And move the property line?
MR. SCHMITT: Brad, I discussed the issue with the building director. As basically, as you know,
the building -- Florida Building Code specitically states that no building will cross a property line unless it's
-- but then there's a provision that says all buildings will be accompanied by the applicable site plan.
The site plan, if it clearly defines legally -- if there's an clement to transfer that property or to allow
it through an easement, as long as that's clearly expressed from a legal document and on the site plan, there's
no prohibition in authorizing the building to be built. It just needs to be legally -- either the property has to
be legally transferred or an easement or some other mechanism to allow it to happen.
So we clearly define from a legal perspective that the -- I'll call it the encroachment is allowed.
COMMISSIONER SCHIFFER: Does that mean we'll get title to that property underneath it, so --
MR. SCHMITT: I can't tell you what mechanism they were talking about, as far as -- there would
be no approval until somehow that legal aspect was defined in both the site plan submittal and, of course,
with the building permit.
COMMISSIONER SCHIFFER: And it's not going to be perfect because we have overhangs
cantilevering into the neighboring properties. So somehow someone is going to have to look away or
something.
And, also, the fire rating of those walls on the property line are not something you want. You can't
have openings and things like that.
The thought is: Can we push it away? Can we pull this thing into a different position so those
issues don't exist or is this the spot it has to be?
MR. YOV ANOVICH: I believc this is the spot it has to be.
MR. SCHMITT: Again, there are mechanisms to apply for openings on a zero lot line depending
on the scparation between buildings, which they, again, can apply f{)r through the building director.
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COMMISSIONER SCHIFFER: Okay. I mean, but -- okay. I mean, it's building code stuff You'll
take --
MR. SCHMITT: Yes. The building will have to comply with the building code. I mean, you may
want to ask the architect -- architectural team some of these questions. This has not come in for any type of
permitting yet from a standpoint of building review.
COMMISSIONER SCIIIFFER: Okay.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. Just sort of to follow up on that issue of an easement. I mean,
we all know that easements can be changed. There's nothing -- so I would think that you'd have to come up
with some other instrwnent, other than just an easement for that land under there.
Because what happens -- if you turn out to be a lousy neighbor and the people in the tower say, we
want to take that easement away.
MR. SCHMITT: Again, I don't know what agreements --I'll have to turn to the petitioner and the
parks and rec on what agreements they've settled with how to handle this legally. I don't know.
MR. YOV ANOVICH: We understand that that's an issue. And we'll either have to convey it in fee
or we'll give you an easement. And I'm sure that the County Attorney's Office is going to review that
easement to make sure that there aren't improper restrictions within the easement to make the easement go
away, if that's the mechanism we do.
I don't know the answer to that question right now, but wc do know we need to address that.
CHAIRMAN STRAIN: Wcll, why wasn't it addressed berore you brought it to us?
We keep finding this on these projects. Why wasn't it given to us?
MR. YOV ANOVICH: Right now, Mr. -- well Mr. Strain, the commonplace right now is we'll
probably give it to them in fee. But, you know, the ownership issue is a building code issue that we can
resolve at the building code time.
CHAIRMAN STRAIN: I don't see it as a building code issue for this Board. I think it's a
comprehensive issuc, just like the church that's coming up this afternoon. We actually had to have that
continued because they failed to provide the easements. They wanted to give them to the BCC, instead of
us.
We deserve to see that stuff And on many times the BCC will defer to our analysis of it when they
do their review.
MR. SCHMITT: Commissioner Strain, it is not a requirement of the conditional use. If you
stipulate it as such from this Board, but it is not part of the review process for the conditional use.
As you well know, the conditional use is zoning. Some of these -- this type or -- these issues are
dealt with through site plan review and for building plan review.
If you -- if this Board wants that as part of the condition of approval, then we need that direction.
But it's not part of the package. It is not part of the requirement.
CHAIRMAN STRAIN: Well, we'll get into a lot more questions on it.
Mr. Schiffer.
COMMISSIONER SCHIFFER: But, Joe, it is a problem. And the building could be reconfigured
to adjust to it if it has to. But you do have to be careful. Things like this have come before the building
commission and they haven't been all that successful at this scalc anyway.
MR. SCHMITT: Clearly we understand.
COMMISSIONER SCHIFFER: The building code has a property line requirement that you can't
ignore. You'll have to take care of it.
CHAIRMAN STRAIN: Okay. Any other questions of the applicant?
Richard, I got a few. The site plan -- if you look at the site plan that we were provided, and it's the
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one that focuses on the one you have there to the Bluebill side. If you could slide it that way a little bit
closer towards the -- oh, there it is. Lower right-hand corner.
It says 45 front yard setback line. The Bert Harris docwnent I thought said 52.
MR. YOV ANOVICH: You did that on purpose, didn't you?
CHAIRMAN STRAIN: Just as soon as he gives them back, I'll ask another one.
MR. YOV ANOVICH: Okay. The architect can answer that.
CHAIRMAN STRAIN: You need to -- someone needs to --
MR. MILLER: For the record, I'm Dan Miller, architect for the Moraya Bay Beach Tower project.
The reference you have to the Bert Harris claim settlement refers to side yards. This is a front yard.
COMMISSIONER CARON: This is not--
CHAIRMAN STRAIN: Side yard sctbacks to remain at 50 feet for the parking structure and show
increase from 50 to 52 feet for the remainder of the building over parking. Front near side back setbacks
VBRTO.
So you're saying that on their plan, the master plan that we just reviewed, they call out 52 feet, but
they could have gone to 45 feet?
MR. MILLER: Yeah. This is the front yard along Bluebill Avenue. But we kept the building back
52 feet honoring the intent. But the actual legal requirement is 45 feet.
CHAIRMAN STRAIN: Okay. Since you're up there -- no, no. Don't go away. On the elevation of
your tinished floor, the tower at Moraya Bay had to be at a DEP setting that was different than what you've
indicated. Can you explain why?
MR. MILLER: Yes. There's two requirements.
One is the basic FEMA requirement for flood elevation. This is the V zone. The elevation is
stipulated as 15.3 NGVD to the underside of the structure.
And that's how I've designed the toilet room facility. There are additional -- there are additional
overlapping requirements in the Florida Building Code in Chapter 31, which refer to buildings that are
constructed seaward of the coastal construction line. And in that requirement it rcfers to habitable
structures and which they further define as buildings that arc intended for hwnan occupancy and may be
used for shelter in the event of a storm, such as residences, restaurants and hotels.
Because this was not a residence, a restaurant or a hotel, I took the proactive stance of putting it at
the FEMA rcquirement, which will reduce the number of steps for the public to access the toilet room. And
it is legal to do it that way, unless thc building director decides that this, under Chapter 31 of the building
code, should be stipulated as a habitable structure.
CHAIRMAN STRAIN: What is the letter -- what letter do you have from the DEP indicating
they're in agreement with your elevation? Because their elevation is 21.9 for that location.
MR. MILLER: The building code speaks for itself in that regard. It's not applicable.
CHAIRMAN STRAIN: Well, I think it is. It says under DEP Rules 2007 62V-33, page 22: The
Department will evaluate the applicant's proposed structural elevation based upon available scientific and
coastal engineering data and would advise the applicant of the specific elevation requirements for the site.
Where is your elevation?
MR. MILLER: That's for all structures that become part of that requirement according to Chapter
31 of the building code. This structure does not need to be thrown into that.
CHAIRMAN STRAIN: Why?
MR. MILLER: Because it's not a habitable structure as defined in Chaptcr 31 of the Florida
Building Code. So that's the basis on which I made my determination in designing thc building.
CHAIRMAN STRAIN: Will you be able to get some letter from DEP indicating that your basis--
MR. MILLER: Yeah. We'll discuss that with Brett Moore, our coastal consultant, but he concurs
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with that opinion that -- but we can go through that additional bureaucracy.
CHAIRMAN STRAIN: Well, I'm not asking additional bureaucracy. The tower at Moraya Bay is
at a certain height. And I just want to understand why you weren't at that height.
MR. MILLER: Because we have residences and we have the restaurant.
CHAIRMAN STRAIN: I understand.
MR. MILLER: Whereas this building has a toilet room.
CHAIRMAN STRAIN: I understand the differences.
MR. MILLER: Okay. Thank you.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER SCHIFFER: Mark, I have a question.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Where did you come up with 21.9?
CHAIRMAN STRAIN: I have it -- I'll give it to you, if you want.
COMMISSIONER SCHIFFER: Because the rcason I'm asking is the beach club is at 21.5.
CHAIRMAN STRAIN: Well, they could have a letter that varies, but the department has to make
the determination based on the documentation I have hcre. You're more than -- all the maps and everything.
You'll see the indentation on the construction setback linc happens to go around that one piece in
that area of the code -- that area of the County.
I have a zoning question, Mr. Y ovanovich. Richard, you said something earlier -- this is -- what
zoning district is this in?
MR. YOV ANOVICH: It's actually in two zoning districts.
CHAIRMAN STRAIN: Well, let's start with one. Pick the biggest part ofthe building. What
zoning district is that in?
MR. YOV ANOVICH: That would be in RMF-16.
CHAIRMAN STRAIN: Why in RMF -- orwhcre in RMF-16 are toilets listed as an allowable use?
MR. YOV ANOVICH: You know, I'm going to -- and I'm going to tell you that the other portion of
the property is Vanderbilt Beach Residential Tourist Overlay.
CHAIRMAN STRAIN: Right. And ['II ask that same question.
MR. YOV ANOVICH: And I'm going to defcr that to your -- if you don't mind, to your planning
staff.
CHAIRMAN STRAIN: Okay. Thank you.
MR. YOV ANOVICH: Because I probably will not do it justice in the explanation.
MS. DESELEM: Yes. For the record, Kay Deselem. In Scction 2.01 .03.A of the land
development code it talks about essential services. And if you go to G of that section, you have item] .e.
l.e allows for government facilities.
And I'll read the rest of it: Including where not identified as a pernlitted use in this section safety
service facilities, such a~ law enforcement, fire, emergency medical services, and then it goes to the next
one.
Staffs interprctation of this is that it doesn't say limited to those uses it says such as. Staff is looking
at this restroom facility as an essential service facility. Therefore, as it states above, it requires a conditional
use.
And it says conditional essential services in every zoning district, unless otherwise identified as
permitted uses, the tollowing uses shall be allowed. So, thereforc, staff believes that it's appropriate lor this
petitioner to seek conditional use approval as an essential service government facility limited to the
restroom.
CHAIRMAN STRAIN: Now, let me read what you didn't read. The following uses are allowed as
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conditional uses. And it provides examples. Electric or gas generating plants. I guess bathrooms may be
that. Affluent tanks, major re-pump stations, sewage treatment plants, including perc ponds, water aeration
and treatment plants, hospitals and hospices. And then government racilities where it's defining in its
examples the types of facilities that are used by government for safety service facilities, such as and
including law enforcement, fire, emergency medical services.
Now, to me the intent of the conditional use scction that you have cited are for uses related to these
vital services and for government facilities that are used for a vital service. Now, if the toilets are going to
only be used by government employees, you may even start to have a little argument. But how you
buttonholed this zoning -- this into an essential servicc is a dangerous precedent ror all of Collier County.
Because basically now you're saying that everywhere in Collier County where essential services can
be -- can apply in the same manner and have bathroom facilities pop up. And I certainly don't think that's
the intent of the essential services provisions, nor do I find anywhere where it could be construed to be such
under the section you cited.
So from a zoning viewpoint, I certainly don't agree with you and I don't see how you got there.
MS. DESELEM: As I said, it requires a conditional use. So that doesn't imply that a restroom
racility would be allowed anywhere in the County. It would need to do just like this onc is. Go through the
public hearing process as a conditional use request.
CHAIRMAN STRAIN: But to get to the point where you're allowed to be even required to have a
conditional use, you've got to be acceptcd as one of the conditional use applications. Therc's nothing in
here that even relates to bathroom facilities that would even construe that to be part ofthat process.
And if that's the application Countywide -- I don't care if it's conditional use or not. If you say that's
an allowable conditional use as an essential service Countywide, we have a problem.
And I don't know why we wouldn't have gone through like we would have with any other developer
on this property and said: Rezonc the property to parks and then put your facility in with the variances you
need to get to the setbacks that you are trying to vary from.
Instead, govcrnment seems to have contradicted itsclf and it's got different rules for the way it wants
to apply the zoning criteria. I know if any other developer came forward, we'd be outraged at this
application.
MR. KLA TZKOW: Commissioner Strain.
CHAIRMAN STRAIN : Yes.
MR. KLA TZKOW: One of the definitions of essential services of public park -- and, I believe, this
is being considered as a public park facility if you go into the definitional section of the LDC.
CHAIRMAN STRAIN: Well, that's fine. But l'm reading the conditional uses that could apply
under the essential services. And I don't see it thcrc.
MR. KLATZKOW: Yes. But when you go -- as far as the definition of essential services includes
public parks. And, I believe, this would fall within the public park parameter.
CHAIRMAN STRAIN: Under the definition, instead of under the uses?
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: So we have 2.0 1.03, which lists all the uses in essential services. And we
have a definition that overwhelms that use?
MR. KLA TZKOW: I'm just pointing out what the definition of essential service is.
CHAIRMAN STRAIN: Why under 2.01.03 don't we have parks listed there with all these other
uses?
MR. KLATZKOW: I don't think it's an cxclusive -- I don't think it's an exelusive provision. I just
think it's giving certain examples.
CHAIRMAN STRAIN: Well, it says essential services are hereby defined. And it goes on to what
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seems to be a listing of essential services.
Well, I don't see how this fits under the zoning category that you've applied. And I was looking for
better strength than that. Government facilities and the way it's referenced here -- use of government
facilities, not toilets. But safety service facilities and things like that. And I don't see -- I just don't see
where we're getting there today.
MR. YOV ANOVICH: If I can just -- I looked at the LDC and the various off~line ordinances and
tried to figure out which zoning district you can either build a park in as a matter of right or by conditional
use. And I will admit I didn't spend hours on this, but I couldn't find one.
And I find it hard to believe that the County is saying that -- 1 would -- which makes me believe that
you would look at the definition of essential services, which is all of those things -- and I have it here if you
want to put it on the visualizer -- of what is an essential service.
And public parks -- and that's listed as one of those things. I believe government and other -- you
know, it's those services and facilities, including utilities, safety and other government services. And I
believe providing parks, because it's listed, is a government service. I believe that the restroom facilities are
a part of the park.
I think the County has historically viewed beach access, together with the beach, as a County park.
So I think that it does fit within the definition of a governmental service because it's really a park facility.
And most parks have restroom facilities within it.
So I don't think it's a stretch to say that, yes, it's a -- because, remember, when you look at that list
that Kay just read you, it says: All government services not specifically referenced as permitted use. That's
very broad. And I think you have to read that broadly because if you don't, I don't know where you'd build
a park in Collier County without having to rezone every piece of property to whatever the new designation
is in the land development code as a public tacilities or whatever for parks.
I don't think that was the intent. I do believc that, you know, parks are cssential services by
definition and that this would be an appropriate conditional use on a case by case basis, which is what we're
doing. So you will not have public park restroom facilities springing up throughout Collier County.
CHAIRMAN STRAIN: Then the essential service reference that staff has provided is not the
appropriate reference?
MR. YOV ANOVICH: Well--
MS. DESELEM: I think either one would be appropriate personally because I think it could be a
park. Because we don't, in the land development code per se, have a use of public restroom. So it defers
then to an essential service facility.
Or you can look at it in the context of what Mr. Klatzkow said. Part of the park. Either one works.
But restroom facilities -- if you go through the list of permitted uses like you were talking about,
that's the kind of things that essential services are. They provide those elements to the public.
CHAIRMAN STRAIN: So anywhere wc wanted to put up a public bathroom basically in any
zoning district that allowed essential services through a conditional use process, you're telling me that's
okay; that could be done?
MS. DESELEM: It could be evaluated as a conditional use, which is the process by which -- you
know, that gives it the scrutiny it's supposed to.
MR. SCHMITT: Commissioner Strain, I know your issue and I understand. We certainly, as staff,
will--I'm not predicting the outcome of this. But when this goes to the BZA, we will certainly point out to
the BZA the concern that you raised.
And this will have to be pointed out to the Board that it puts them in a position of making a policy
decision as to how to apply essential services with regards to restrooms because it is not clearly detined in
the LDC.
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'it . pterrw 4, 2008
CHAIRMAN STRAIN: I mean, you only need to move this forward to the Board if the rest of this
Board feels it's necessary. I have my own concerns over the way this interpretation came down and I
honestly don't -- am not convinced by what I've heard, but that will be my position.
MR. SCHMITT: I understand.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Well, yeah. Just to follow up because I had made a note here on
something else. We are also trying to tie this into the community character plan for Collier County. That
the proposed public restroom within the right-of-way is consistent and compatible with that very theme.
And I just don't get it either, so --
CHAIRMAN STRAIN: Oh, you mean -- you say you don't get how the restroom could be there or
you think it should be there?
COMMISSIONER CARON: No. I don't think it should. I mean, I don't understand how it's
compatible. I don't see how it's consistent. I don't see how that promotes the community character plan for
Collier County. Maybe I misscd that paragraph.
But, I mean, that's one of the reasons that was given in here lor--
CHAIRMAN STRAIN: My concern--
COMMISSIONER CARON: -- being appropriate in the right-of-way.
CHAIRMAN STRAIN: My concern -- and I understand your point, as well. My concern was the
process issue. And I think that the right process would have been to get the right zoning. I understand now
why staff didn't see that, as well. I understand the applicant, whether it's Richard or whoever.
But I still think the right process could have been rollowed and obtaincd the same objection --
objective through the process. But neither here, nor there, we'll go on with the meeting.
Any other questions of the presentation so far before we go to staff comments?
(No response.)
CHAIRMAN STRAIN: Okay. Does staff have a presentation?
MS. DESELEM: Yes. Kay Deselem, lor the record. You havc a staff report for this petition that is
designated for the hearing date of September 4th.
And I emailed yesterday hopefully to all of the Planning Commission mcmbers and to the interested
parties, as far as the County Attorncy's Office and the applicant, we realized that there was an error in the
condition of approval that identified the wrong site plan. So we do have a corrected condition that identifies
correct site plan that's with the resolution. Saying that, then I'll go into the stafT report.
As you know, the applicant has explained what the requested action is. And you know the
geographic location of the site. We've provided a description and some background information about it, as
far as initially it was part of the one building that was going to be separate rrom the tower facility. That
building was going to house both the restroom facility and the private club.
Now they're two separate facilities, but you do have co-applicants in this petition because it's on two
difTerent properties. One is the County right-of-way, the other is the Moraya Bay Beach property. So you
have co-applicants.
You have the surrounding land use and zoning provided to you on page three of the staff report.
And you have what I believe to be a fairly extensive analysis of the growth management plan consistency
issues with various citations from the elements, other than just the future land use category.
Staff does believe the petition is consistent with all relative elements, policies, objectives and goals
of the growth management plan and we are recommending approval based on that. And we have provided
the analysis that begins on page four of the items that are required for conditional use approval.
And I would preface in response to one of the questions as to why this is here. It's been explained to
me through difTerent conversations -- I mean, I haven't got it directly. But it's explained to me that the
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bPtember 4, 2008
restroom is proposed here beeause of a perceived need because, I guess, there were resident complaints of
people urinating on private property because there was no facility in this area of the County.
Therefore, parks and rec was responding to that by trying to provide something to alleviate that
problem. And that is why you're seeing this petition for a conditional use for a restroom facility. Like I
said, we only have onc condition at this point and that is the one that identities the site plan.
If you have any questions, I'd be happy to respond.
CHAIRMAN STRAIN: Okay. Questions of staff?
Ms. Caron.
COMMISSIONER CARON: Yeah. [remember back when this right-ot:way for the beach access
walkway was being proposed as part of the settlement agreement. Marla Ramsey at the time was asked, A,
if we were asking for enough right-of-way here. And while there was some ensuing discussion about, sure,
we'd love, you know, 50 feet as opposed to 20 feet, the bottom line was that she had told Commissioners, I
believe, that she would have no problem putting these bathrooms within that 20-foot right-of-way.
Now we've got it out into road right-of-way. What happened? What happened?
MS. DESELEM: I personally can't respond to that because I don't know what Marla Ramsey said.
But there are people hcre from parks that may be able to respond to that and tell you how it evolved.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Before we go--
COMMISSIONER CARON: Somebody on staff.
CHAIRMAN STRAIN: Yeah. Before we go too much further, I want to ask the Planning
Commission -- we can finish up with staff presentation and then takc a break. We can finish up with staff
presentation, try to hear the public so they haven't got to sit here 'til after lunch and then take a break.
How many public speakers do we have on this issue, Ray?
MR. BELLOWS: Five.
CHAIRMAN STRAIN: So we're looking at least a half an hour of discussion with the five public
speakers, as well as wrap up. So what do you want to do for break?
COMMISSIONER VIGLIOTTI: I suggest we break now.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER KOLFLA T: Well, I would say in deference to the public why don't we
continue?
COMMISSIONER SCHIFFER: That's what I was thinking, too.
COMMISSIONER KOLFLA T: Let them continue so they can -- not have to --
CHAIRMAN STRAIN: Now, we've got two different stories here. Mr. Wolfley, Ict's start with
you and work our way across. Break or wait -- go through the rest? It will probably be another 45 minutes
before we get out of here.
COMMISSIONER WOLFLEY: In deference to the public, I think we ought to hear them.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRA Y: Break.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Brcak.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Hear the public.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Break.
CHAIRMAN STRAIN: Okay. Mr. Schifler?
COMMISSIONER SCHIFFER: Hear the public.
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1 6 '~1 i Asepte&er 4, 2008
COMMISSIONER KOLFLAT: Go with the public.
CHAIRMAN STRAIN: Okay. It looks like we're going to go with the public. So we wi]] -- we
will at least take a 15 -- we'll take a ten minute break until noon to give the court reporter a few minutes.
And then we'll come back and then we'll take a major break after we hear the public.
Thank you.
(Brief recess)
CHAIRMAN STRAIN: Okay. Welcome back from our ten minute break. We left off with Ms.
Caron was asking a question of staff And we'll continue there and move into our remaining questions of
staff and then public speakers.
MS. DESELEM: Okay. I have somebody from parks who can respond to your question.
MR. McALPIN: Mr. Chair, tor the record, Gary McAlpin, coastal zone management.
When the question was asked about Marla Ramsey agreeing to the 20-foot easement and whether
the facility could be built in the 20-foot easement, I think that determination was made at that point in time
assuming that the facility could be built on grade.
Subsequent to that, whether a variance to a FEMA variance was received or not, the decision was
made that we would not go forward with the FEMA variance, which made the facility had to be elevated
which added stairs and elevators and all the appurtenances associated wi th that.
The facility could be moved back, but then it would jeopardize the total beach access and also the
emergency access to thc beach. So the -- I think the comment was made, whether right or wrong earlier,
based on an on-grade construction.
With further information and further analysis, we can't do that. We have to elevate it, which will
cause a larger footprint. And that's why we have what we have right now. I just wanted to clarifY that
point.
Thank you.
CHAIRMAN STRAIN: Are there any other questions of staff?
(No response.)
Okay. Ray, if you'll read oflthe public speakers. And at the cnd, I'll ask for anybody else that may
want to speak and we'll go from there.
MR. BELLOWS: The tirst speaker is Alex O'Bricn to be followed by Bruce Burkhard.
MR. O'BRIEN: Hello. Just about good afternoon. Alex O'Brien. I'd like to thank the Board for
stopping their lunch break until the public gets to spcak. That was very commendable on your part.
I have some questions about this bathroom facility. I don't believe I found anywhere -- and I hope
you have the answer. How many bathrooms would there be in total in this whole building?
Is there a number for that? There has to be a number, somebody must know it.
COMMISSIONER SCHIFFER: Eight. Four and four.
CHAIRMAN STRAIN: Four and four Mr. Schiffer is reading. Four men and four women.
MR. O'BRIEN: Okay. Now, is that the total capacity of the whole building; four and four?
Okay. How many are for public and how many are -- is there a public?
Because originally when this was planned the -- and the beach where thcy were going to be X
nwnber for the beach club and X number for the public. These are strictly all public facilities?
Okay. I just wanted to makc sure that, you know, I understood that they will all be public facilities.
COMMISSIONER VIGLIOTTI: There's a drawing on the wall.
CHAIRMAN STRAIN: Mr. Vigliotti.
MR. O'BRIEN: No. ljust -- that was just a concern was it was all public. Because originally it was
so many for this and so many fix that proposition in the beginning.
All right. Thanks so much. That's all I have to say.
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1 6 r!sAemb6, 2008
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, plea~e.
MR. BELLOWS: Bruce Burkhard to be followed by John Connolly.
MR. SCHMITT: Joe.
MR. BELLOWS: Or Joe.
MR. CONNOLLY: I'm going to waive.
MR. BURKHARD: Bruce Burkhard, 283 Elk Avenue.l'djust like to say that I'm in favor of the
petition since it's actuall y part of the original settlement agreement with the developer. And it appears to be
a good project.
I'd like to point out though that in the resolution form that is part of the package it's stated that the
facilities will be constructed within the public right-of-way and partially within the Moraya Bay Beach
Club property. And thcre is no such thing, so I would say that that needs to be changed. So that -- that part
of the description I think is inaccurate. Since there's no beach club, they obviously don't own the property.
It actually belongs probably to the developer under his -- whatever his name is.
That's all I have. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, please.
MR. BELLOWS: Doug Fcc to be followed by Joanne.
MR. FEE: Good afternoon again. For the record, Doug Fee. And I'm here also to support this
application. I think it's important that wherever the bcach access locations are that we include restroom
facilities. We do need this.
I am concerned with what some ofthc Commissioners are raising. And on page two it says the
restroom facilities will be constructed mostly within the County's right-of~way between an agreement
between the parks and rec department and transportation service division. That is concerning -- it's opening
up a -- in my opinion, a broad scope as to where these facilities should be located. And I would be
concerned with that.
Also, if there is any way to fee simple the land underneath this. You've talked about a property line.
I believe that you may in the futurc have some issues or have some problems. And so it seems to me the
County, in the best interest of the public, somehow has to figure out a way to bring that land underneath
these restroom facilities to County ownership.
That's my comments. Thank you very much.
CHAIRMAN STRAIN: Thank you. Any other speakers, Ray?
MR. BELLOWS: Just Joanne.
MS. KfRKBOTTOM: Good afternoon. I'm Joanne Kirkboltom. And I live in Eden on the Bay. I
can leave my home and be on Vanderbilt Beach in three minutes.
For the past nine years, I've walked nearly every day at the beach and parked at the Bluebill parking
lot in one of the 18 parking spaces. If we lose those 18 parking spaces for a bathroom, it's a tragedy. I feel
safe because there's always people there, unlike the County parking lot off of Bonita Bcach where there's
been two rapes that I know of.
I go there frequently at sunset because it's cool and the sky is spectacular, but the State park is
closed at sunset. I visited all over Florida and I think Vanderbilt Beach is one of the most beautiful beaches
in our state.
When we chose Naples, it was important for us to be close to the beach. As a result, we paid
premiwn for our home. We pay $4,000 in property taxes and we pay an exorbitant amount of money for
house and flood insurance.
With the elimination of the 18 parking spaces on Bluebill Avenue, I'm denied easy access to the
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Q,tember 4,2008
beach. I have talked with over 100 people who are very unhappy about the closing of the lot. These are
just people I see between 6:30 and 8:30. I haven't gone out of my way to cause trouble.
Some have said: Can't we sign petitions? Quite frankly, I'm too old to get into that. It's too big a
project for me.
Also, I think my two attorney children would have probably given a better presentation than me.
And they certainly would have been here if] had asked them. However, since I was on the Republican
Committee in Rochester, New York for over 20 years, I'm familiar with commissions and I know that each
of you are good and deeent people. I know that you']] be responsible about your decision.
I hope you will consider the following points. Mr. Halas in his correspondence with me considers
the sacrifice of these 18 spaces ror a bathroom as improvement and upgrade, a turnaround, bathroom and
drop-off area. At present there is a turnaround.
It may come as a surprise to you, but nobody I have talked with is coneerned about a bathroom.
And one thing that nobody has mentioned is there is a bathroom at the State park a block away. For a dollar
people right now can use that bathroom.
I think if the County can cooperate with the State about a possible parking garage, they should be
able to cooperate with the State about the use ofthat bathroom and save us from this monstrous building.
A few did say a bathroom would be nice. The reality is there is plenty of room for a bathroom and
still keep the 18 parking spacing. Mr. Yovanovich has said he thinks that it has to be there, but he's
implying that he's not sure.
No amount of pavers and shrubs wi]] replace thc importance of those heavily used parking spaces.
Mr. Halas feels the expansion of the Conner Park will compensate for the loss of these. I have not met
anyone who wants to walk three blocks from Conner Park. I mea~ured it. It's 4/10 of a mile, three blocks.
One girl, a young girl, she frowned and she said: Who would do that?
There's talk of a tram to take people to the beach from Conner Park. Certainly you cannot use the
sidewalk, which is less than live reet wide at the bridge. Certainly you could never get insurance to have a
tram out in traffic on Bluebill.
And if the County chooses to self-insure, I hope they have a large legal contingency fund. I don't
know of any mothcr or grandparent that would put children on a tram out on the traftic at Bluebill and the
traffic going into that State park. And there's not enough room for a tram lane and a car lane on Bluebill.
Four, eliminating these spaces wi]] place greater pressure on the garagc on Vanderbilt Beach Road,
which is already in a congested area. The talk of a parking garage in thc State park is a big maybe. There
are many hoops to be jwnped through. Many I've talked to are opposed to spoiling the pristine beauty of the
park, but I wi]] admit ['Ill for it.
Six, one of the letters to the editor said: Do no harm. Some people have been coming to those
parking spots for 12 years. Some come from Cape Coral, Fort Mycrs. Many are tourists that we spend
millions trying to attract.
I'd like to ask eaeh of you before you vote on this to visit Bluebill parking area before you vote. And
I hope that you have it in your hearts to keep easy access to the beach for the hundreds of people who use
these parking spots cvery day.
And I thank you for hearing me. And I just want to add another comment. Mr. Schiffer has brought
up a very important point.
For the last many months the construction workers have been parking in this lot. The Park Ranger
comes some days when the workers come to work and stops them from parking there. Finally, I think the
construction company has put up signs telling the construction workers not to park there.
But I think the same is going to be true for the private club parking. And I think the same is going
to be true for people parking at Conner Park. But I just hope you'll consider what I said.
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1 6 1 lept1:nAer 4, 68
Thank you.
CHAIRMAN STRAIN: Thank you, ma'am.
Are there any other spcakers?
MR. BELLOWS: No other speakers.
CHAIRMAN STRAIN: Anybody else wish to speak?
Mr. Kolflat.
COMMISSIONER KOLFLA T: Mark, just for my edification, is there handicapped parking in this
facility?
CHAIRMAN STRAIN: In which facility?
COMMISSIONER KOLFLA T: In the bathroom facility. Is there any handicapped?
CHAIRMAN STRAIN: Well, I believe what happens -- if the bathroom facility gets permission to
move forward, the parking spaces are over on thc other side of the Bluebill Bridge where there are currently
85. And I think they're going to add another 80 or 88 or something like that.
So within those 170 or so spaces, I'm assuming n and by nods of the head, I say there are
handicapped parking spaces. But they're on the othcr sidc of the bridge.
MR. SCHMITT: The drop-off area, as wcll as the restroom facility has to be 88. American
Disabilities Act has to be ADA accessible. And as shown on the plan, there is an elevator, which will bring
you up to the restroom floor. So that will be part orthe review process when it comes in for review, but it is
required.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Point of information. Isn't the decision for the turnaround and the
bathroom -- isn't that long been made?
Is this the vote today or -- I mean, if wc vote no would those 18 spaces remain?
MR. YOV ANOVICH: The bathroom facility takes up about three spaces. The turnaround takes up
the remainder. And it's my understanding that none of those 18 spaces are handicapped spaces at this time.
They're just regular gcneral parking spaces.
But I think n to answer your question, all of this was discussed at the adoption of the Bert Harris
settlement. We're just simply trying to implement Board direction at that time.
CHAIRMAN STRAIN: This was discussed. Was it part of the settlement or just in the public
process brought up as a solution to some of the issues raised in thc scttlement?
MR. YOV ANOVICH: Well, when wc did thc settlement there was -- the County staff and
Commission was very clear that they wanted not only the restroom in that area, but they wanted the
turnaround. And the turnaround wc were -- we were required as part of the settlement to design it and
include it in the n our project, the condominium project, for that turnaround and pay $500,000 for that.
And, yes, that turnaround was -- that was very, very integral to the County's decision to go forward
with that settlement. And wc -- we have fulfilled the obligations under that from the developer's side.
CHAIRMAN STRAIN: Where is that --
MR. SCHMITT: That drawing is attached to the settlement agreement.
CHAIRMAN STRAIN: Okay. So the spaces that the lady has been asking about are kind of
doomed to begin with; is that a fair statement?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN STRAIN: That's -- if this is part ofthe settlement agreement, does that turnaround
then have to be built?
MR. SCHMITT: It does. It was indicated during the discussions in the settlement agreement on --
and I'm going to probably defer to the architect. There may be --
CHAIRMAN STRAIN: On the settlement agreement?
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16 , !e~rrAer 4,88
COMMISSIONER SCHIFFER: No. I'm only saying from the turnaround. There may be some
requirements for fire safety issue.
MR. YOV ANOVICH: That turnaround has nothing to do with our project.
MR. SCHMITT: No. I'm talking about the fire safety tor the restroom facilities or Gary. The
turnaround was discussed as part ofthe public access, as well.
CHAIRMAN STRAIN: I understand the answer that Brad received, so that's fine.
Okay. Arc there any other questions as a result of any of this; any questions of the applicant?
Ms. Caron.
COMMISSIONER CARON: Yes. One question as to the turnaround, which I have here attached
to the -- to the settlement agreement. Was there discussion though at the time that there would be no
parking within that turnaround; that it would be just a turnaround and not -- I honestly don't remember, so --
MR. YOV ANOVICH: I don't either. I'd have to go back and read the minutes.
COMMISSIONER CARON: And I will go back and read the minutcs. I will do that because I'm
unclear.
As you can see though by that drawing, again, therc arc no bathroom facilities specific -- shown on
that plan anywhere.
MR. YOV ANOVICH: The reason that exhibit was added is -- I believe it was a last minute request
of County stafffor the turnaround as part of the settlement. And wc wanted to come up with -- because we
didn't have a -- an engineered or surveyed turnaround. We wanted something in the exhibit -- in the
docwnent to depict what our obligations were going to be as part or the scttlement.
That's why that was actually included in the exhibit. To kind of give us a general idea what impact
it may have on the remainder of the property by doing the turnaround.
CHAIRMAN STRAIN: Well, in the Bert Harris agreement, number four reads the following way:
The property owner shall grant to the County a recorded easement in a form reasonably acceptable to
counsel for thc County, an additional easement along the property's northern boundary to accommodate a
two-lane vehicular turnaround as conceptually depicted on a not-to-scale plan attached to as Exhibit A.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: So it looks like it was rcferenced in the Bert Harris Agreement.
MR. YOV ANOVICH: There's no question about that.
COMMISSIONER CARON: Yeah. There's no question about that.
CHAIRMAN STRAIN: I was just -- that was my original question.
MR. YOVANOVICH: Yes.
CHAIRMAN STRAIN: When you put the plan up there, I was also looking for text. I found it, so
COMMISSIONER CARON: No. My question just went further than that. It was -- I don't
remember whether there was a discussion about whether that will preclude parking spaces being a part of it.
For example, if you go to the other end of Vanderbilt Beach, in the turnaround there at the beach
end there is -- there are a few parking spaces, as well. There arc a couple of handicapped. They may be all
handicapped. I'm not sure. I use the County parking garage.
But there are parking spaces there for handicapped persons for sure. And J don't know how many
others. As well as bike racks and all of that. So I didn't know whether this turnaround precluded that or
whether there was any discussion.
MR. YOV ANOVICH: My recollection -- you can actually reading in the minutes again was --
COMMISSIONER CARON: And I'll go read them.
MR. YOV ANOVICH: There was -- the goal was -- becausc, as you know, it's basically a choke
point there. It was to get people through the intersection, get them out of the way, let them unload whatever
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they're taking to the beach out of the way and then go park at the parking facility just up the street.
So I don't think there was really ever contemplation that you could fit the turnaround and parking
within it. It was a goal just to keep a drop-off and get out of the way.
CHAIRMAN STRAIN: Okay. Arc there any other questions of the applicant?
Mr. Schmitt.
MR. SCHMITT: Yeah. Just for clarification, I -- I recall discussions on the parking and I just asked
Gary. Again, that's the entrance to the state park.
In reality the existing parking was always I'll call it -- certainly not legal because people were
backing right out into the entryway into the state park. The only parking could ever have been
accommodated in that right-of-way, given thc agreement, would have been on the State park side. And that
would have had something built over on that side of the -- in the State park property if they were going to
try to put additional space over there.
But, again, it's an issue with backing into the entryway into the State park, all the other associated
safety -- traffic and safety issucs.
CHAIRMAN STRAIN: Okay. If there are no other questions, we'll close the public hearing and
entertain a motion.
Is there a motion?
COMMISSIONER VIGLIOTTI: I will make a -- make a motion to approve.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: A motion has been made by Commissioner Vigliotti, seconded by
Commissioner Wolfley.
Discussion; any discussion?
Mr. Schiffer.
COMMISSIONER SCHIFFER: The situation of the property line under thc building -- I mean, do
we just go away from that and are we just allowing the use?
I mean, it's a site plan. It's part of the application, but it's -- it's kind of problematic.
MR. SCHMITT: We will not issue a building permit until we have somc instrument. Probably the
easiest will be some kind of a lot line adjustment to deed that property over to the County.
COMMISSIONER SCHIFFER: Okay.
COMMISSIONER CARON: So we should probably just put that in as a stipulation. That would
be the correct way to handle it.
MR. SCHMITT: You can put that in as a stipulation, but it's going to havc to be done regardless
whether you stip it or not. It's going to be -- I have to have the legal transfer of some sort that will allow for
the building to be pcrmitted.
COMMISSIONER CARON: Lots of things are supposed to happen that somctimes don't, so it's
better to stipulate it.
CHAIRMAN STRAIN: So the stipulation --
MR. SCHMITT: I will bring thc permit back if you want to review it.
CHAIRMAN STRAIN: Prior to the time this went forward to the Board of County Commissioners
there would be an agreement drafted and presented that would establish how that piece of property that is in
the RT zoning is to be handled; is that a fair statcment?
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: Is that what you're looking for?
COMMISSIONER VIGLIOTTI: I'll add that to my motion.
CHAIRMAN STRAIN: Okay. Does the second accept it?
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COMMISSIONER WOLFLEY: Yes.
CHAIRMAN STRAIN: Is there further discussion?
I'm not in favor of the precedent this sets for essential services. I'm very dismayed that the County
has decided that that tact is going to be taken.
I don't believe it's consistent with the definition. I understand what -- I should say with the uses
outlined as essential services. I understand the use of the definition, but as we've been told before the
definition is not where we should seek to find the uses allowed within the zoning district. You're supposed
to go to the spelled out areas in the code. When you do that, it doesn't work.
Besides that, I'm not -- Mr. Klatzkow, I'm not going to. I have -- we have had a lot of public
speakers. The ones that spoke I have great respect ror all of them. I know some of them. I know they're
civic leaders from the area. I've heard items from our various people up here that this is something the area
needs.
I don't like the precedence it's sctting. I'm going to rely on staff that in the conditional use process to
hopefully stop it. But for that reason I will probably go along -- I will go along with the motion at this
point.
Anyway, that's the best I can say on it.
With that having said, if there's no other comments, all those in favor ofthe motion signifY by
saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Ayc.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries eight to zero.
Thank you. And we'll take a one hour -- well, yeah. One hour break for lunch. Let's sayan hour
and five minutes. We'll be back here at 1 :30.
(Brief recess)
CHAIRMAN STRAIN: Thank you. Welcome back fTOm lunch everyone.
Item #8C
PETITION: CU-2008-AR-13060
Moving on to the third petition for today. It is Petition CU-2008-AR-13060. It is the Naples Baptist
Church, Inc. on 2140 Moulder Drive. This was continued from 8/21108.
And disclosures on the part of the Planning Commission. Anybody?
(No response.)
CHAIRMAN STRAIN: I think I had an e-mail going back and forth to try and talk with the
petitioner, but we ncvcr got together.
And then the next item would be those wishing to speak on behalf of this petition, please rise to be
sworn in by the court reporter.
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(Speakers were duly sworn.)
CHAIRMAN STRAIN: Okay.
MS. DeJOHN: Good afternoon. I'm Laura DeJohn. I'm a planner with Johnson Engineering in
Naples here today representing the Naples Baptist Church, Incorporated in this request for a conditional use
for a church facility at 2140 Moulder Drive.
Naples Baptist Church is the contract purchaser for the site. Here today with me is Michael Piazza,
the pastor of the church. The property owner, Diane Sage is here. Chris Hagan, an engineer, and Laura
Herrero, an ecologist, with Johnson Engineering are also here to help answer any questions you may have.
I want to clarify one point that is in the application documents that yon have. The anticipated
closing date for the church to acquire the property was in .July. And that date has been extended. So the
church remains a contract purchaser for the site.
The property is located about two and a half miles east of the intersection ofImmokalee Road and
951. It is approximately tive acres and contains a single-family home currently. The site address is on
Moulder Drive, but as you can see the site is currently accessed by two diflercnt access ways. And I'm
going to grab this and show you.
One access way is down -- up Immokalee Road, down Moulder Drive onto Cannon Boulevard
east/west and into the site. The second way it's currently accessed is ofT of Immokalee Road, down an
access drive known as Cannon Boulevard north/south that the applicant proposes to name Cornerstone
Drive and into the property from -- straight from Immokalee Road.
The site is in the rural fringe mixed-use receiving lands on the future land use map. This allows for
community facilities, including places of worship. Thc site is zoned agricultural with a mobile home
overlay. And churches can be approved by conditional use in this zoning district.
Immediately adjacent to the site are single-family homes to the north and to the east and
undeveloped property to the south and to the west. All surrounding sites are also zoned agricultural with a
mobile home overlay.
To the west is the proposed Elementary School "L" that is being proposed by Collier County Public
Schools. And the school's proposed preserves aligns with the church's proposed preserve on the west side
of the site.
The church is proposed to accommodate a maximwn of294 seats in a 12,000 square foot building.
Basic church functions are proposed to occur during evenings and on weekends. There are no proposed
child care services. And the existing house on the site is proposed to remain as an accessory to the church
and be used as a parsonage.
By providing the code required buffering, lighting, parking, water management and preserves, the
site is consistent with the land development code and the growth management plan as indicated in your stafT
report.
We did hold a neighborhood information meeting on July 7th. The only members of the public that
were not associated with the application were one couple who live along Moulder Drive. And they did ask
the question whether Moulder Drive would be paved associated with this application. Because the church
is using the Cornerstone Drive access as the most direct access off of Immokalee Road, that is the driveway
they propose to pave, consistent with stan's request.
I will refer to the staff conditions quickly. We agree with the staff analysis and appreciate that
they've recommended approval. Thcy have listed four conditions attached to the ordinance that came in
your packet.
And we just have three exceptions to those conditions. Undcr condition two there is a stipulation
tor a five-foot sidewalk along the access drive to the property. That five-foot sidewalk cannot be
accommodated in the given 30-foot access strip. So we request striking the five-foot sidewalk along one
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side of the road.
Condition three has been satisfied. In your supplemental packet you received quitclaim deeds
demonstrating that the title holder to the 30-foot strip accessing the site, which was Bank of America,
executed its quitclaim deeds to the Naples Baptist Church. And the County Attorney's Office also signed
off on that as acceptable.
And condition number four is quite limiting because it determines that the church could have its
services on Sundays and have Bible study classes just on Sundays and on Wednesday evenings. And I don't
know what best interest it is in the County to determinc whether a service occurs -- Bible study occurs on a
Tuesday or a Wednesday. I would like to add some flexibility so that evenings and weekends are
acceptable for any types of services that need to occur at the church.
That summarizes my presentation. We're here to answer any questions that you have.
CHAIRMAN STRAIN: Questions ofthc presenter?
COMMISSIONER MURRAY: I do.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MORRAY: Laura, relative to availability at any given time, do you have a
given time in the night that you think might be appropriate to restrict a lot of cars coming and going in that
area?
PASTOR PIAZZA: Most services are over by 9:00 p.m. We are not real late.
MS. DeJOHN: Okay. The pastor has indicated that 9:00 p.m. would bc the latest that a service
would go on.
COMMISSIONER MURRAY: That's good. Thank you.
CHAIRMAN STRAIN: Any other questions?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Laura, the new road, this Cornerstone, are you going to pave it?
MS. DeJOI-IN : Yes. The church has agreed to pave the access drive from Immokalee Road to the
site.
COMMISSIONER SCHIFFER: And what's the width of that pavement?
MS. DeJOHN: Staff has requested a 20-foot wide travel way, which is acceptable to the church.
COMMISSIONER SCHIFFER: Okay. And why aren't you using the southern road going down
and coming out Moulder?
Because there is up at Immokalee a cut-through, correct? A median cut?
MS. DeJOHN: Right. The proposed Cornerstone Drive has a right in turn lane and a left in access.
And it's the most direct route from Immokalee Road to the property. Instead of going down Moulder and
then on the east/west Cannon Boulevard, and thcn getting to the church -- to the church proper with an
existing single-family home there that will serve as the parsonage, it !ended itself to better have a direct,
shorter distance access route down the Cornerstone Drive.
COMMISSIONER SCHIFFER: And do you know what that distance is down Cornerstone?
MS. DeJOHN: 1,800 feet.
COMMISSIONER SCHIFFER: Okay. The concern -- again, it's a one way in, one way out. So
essentially it is a cul-de-sac that needs to be -- somewhere there needs to be a turn-around.
Is there assurance that a fire dcpartment vehicle would be able to turn around in the parking lot?
I think it would be ea~ily available there, but --
MS. DeJOHN: Right. The parking lot would be designed to tire department standards, but I will
mention a vehicle can navigate through the site still. There is an interconnection to allow the home area to
be connected through the parking lot area. So it's not a dead-cnd.
COMMISSIONER SCHIFFER: But we do have a 1,000 toot, don't we, requirement for cul-de-sac?
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MS. DeJOHN: Right. I'm describing that this essentially is not a cul-de-sac because a vehicle can
navigate through the site from Cornerstone Drive and then to the south.
COMMISSIONER SCHIFFER: Okay. There will be no gate ever on that?
MS. DeJOHN: There is no gate proposed.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Any other questions?
COMMISSIONER MURRAY: I have one more.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: It may be inappropriate, but I'm just curious. Signage. How are
people going to find the church? Are we going to be looking at a signage issue?
MS. DeJOHN: The signage will be on the property itself. There is a small label indicating that the
signage would be placed -- a monwnent sign right at the entrance into the parking area.
COMMISSIONER MURRAY: Yes.
MS. DeJOHN: I'm asswning the Pastor is comfortable that his congregation would know where to
find their church.
COMMISSIONER MURRAY: Okay. I was thinking about the 1,800 feet. It exceeds the distance
for sign off-site and I just wondered.
Okay. Ifhe's comfortable, then I would be comfortable.
CHAIRMAN STRAIN: Mr. Eastman.
MR. EASTMAN: Laura, can you please provide the Planning Commission with the details
regarding the interlocal between the School District and the County and how that relates to Cannon, your
proposed entrance? If you wouldn't -- I can summarize it as well.
During the permitting process for the public school Elementary "L", County transportation asked us
to enter into an interlocal agreement. The School District. And basically the agreement provides that a
traffic impact study would be done after the opening of the school to determine if additional access to the
site was needed off of Cannon.
And as a precondition for the School District to contribute funds to that site, it's required that that is
a public right-of-way through that area. And, if I'm not mistaken, in thc beginning of this presentation, we
now know that your c1icnt owns that and it has just been conveyed by Bank of America.
MS. DeJOHN: Correct. And the church is in the position of understanding that the record of title of
these access ways in this area of the County are all hard to follow. It took awhile to track down the fact that
Bank of America was the title holder to this 30-foot strip.
It has been the access point for property owners along that 30-foot strip for a long, long time. And
the church would be -- think it is very appropriate to go to each of those neighbors and ensure that the
access they have always enjoyed is still provided.
CHAIRMAN STRAIN: Tom, I don't think that addresses your question. Did you want your
question addressed or not?
MR. EASTMAN: Mr. Chairman, Ijust wanted to make sure that the Planning Commission
members were aware of the existence of this agreement and its terms and the fact that the precondition --
that that would be a public right-of-way before it could provide any relief for the future school site, in terms
of access, ingress and egress.
CHAIRMAN STRAIN: Okay. Before we go too far, do you have a copy of that agreement?
I need to understand what you think you're asking her. Because my research on the site doesn't
provide any easements across that site. And I intended to ask for thcm before this meeting got over to
interconnect the road systems that are there.
In fact, that's the one piece of property where the easements are blocked. And I have them all laid
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out on an aerial right here. It's highlighted in color. If you could pass this over to Ray to possibly put on
the screen.
I need to understand what you think the agreement provides and where the easements you're looking
for are. And then we need to see by this where we could possibly have interconnecting easements,
especially on the South Cannon Boulevard where they are provided -- where they are not provided at this
time, at least on the County Tax Assessor's map.
MR. EASTMAN: I would like to clarifY. The School District's position is that Moulder serves as
an adequate access. And through negotiations with County transportation, we have as a safety valve, if
warranted, an additional access ifproven by a traffic impact study. But in order to have that, the
precondition would be that it would be public right-of~way.
CHAIRMAN STRAIN: Okay. If you look at this map here, on the left side, that's Moulder. On the
bottom, the farthest colored one down there, that is a piece of Cannon that currently exists. If you go over
to the right, there is a small easement. I think it's only ten feet or something right there that exists. And
then ir you go up and down on the right side, that is another easement that exists. On their piece up there
that they just claritied in today's mecting would be Bank of Amcrica.
When you get to that property, everything stops. So if you're looking at interconnections as an
auxiliary access for the school system and you have some agreement, where is it that your agreement is
provided?
What color -- what pieces of this are fitting together?
MR. EASTMAN: It would be the piece that you pointed to that was recently conveyed to the
applicant by Bank of America.
CHAIRMAN STRAIN: The northern piece?
MR. EASTMAN: Yes. Once again, it's not the School District seeking easement rights to that
property. It is just that there is an agreement in place that after the school is opened, if additional access
were required, warranted by a traffic impact study, that it would be on that piece, the picce in question from
Bank of America. But a prccondition to the School District contributing funds to that road is that it would
be public right-of-way.
CHAIRMAN STRAIN: Okay. I guess maybe I am lost. Where is the school?
MR. EASTMAN: The school-- the school lies immediately to the west of the site. That is a -- sort
of a long tail rectangular piece that would be the preserve area. And then the larger portion of the school
site fronts Immokalee Road.
So if you were to slide what is on the visualizer down and have Immokalee Road, you could see the
future school site better.
CHAIRMAN STRAIN: Okay. From that future school site you're trying to get over to that piece
that they now -- so how would you plan to get to that piece? It doesn't connect to your parcel.
MR. EASTMAN: It does actually.
CHAIRMAN STRAIN: Oh, because you've got a "T" piece that goes over in the north closer to
Immokalee Road.
MR. EASTMAN: Yes. On the visualizer now you can see the entire School District site with the
southernmost piece being designated preserve. And the connection to that future access, again, if
warranted, would be to the east.
CHAIRMAN STRAIN: Got you.
On the bottom where it says Cannon Boulevard -- you notice on this map it shows the boulevard
going through. But on the Tax Assessor's site I can't find the easements. I didn't see any provided in this
package.
Are thcre any easements there?
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MS. DeJOHN: There is no easement there, no. That's another example of where the chain of title
has included the southern ten feet in the property as a whole and historically excluded the southern ten feet.
So similarly to the 30 feet that we pursued and found out Bank of America could execute a
docwnent and give that land to us, the southern ten feet are in question also.
CHAIRMAN STRAIN: Well, wc'll have to clear that up and see what transportation needs.
Because whatcver the interconnections are there, now that we have an opportunity, they certainly ought to
be clarified.
Any other questions of the presenter?
(No response.)
CHAIRMAN STRAIN: Laura, where are the utilities going to go? You're going to have, I'm
asswning, power and maybe telephone and cable. How will you bring those onto the site?
MS. DeJOHN: Well, power currently -- FPL lines currently run down along Cornerstone Drive. I
mean, there is already power to the existing home.
CHAIRMAN STRAIN: Okay. Well, the existing home usually has 150,200 amp service. Your
facility is much larger. I was just wondering if you would be looking at a larger service and if you had
adequate power access to the site.
If there's easements there, that's fine. That's kind of what I was looking for.
You're on your own water and well system?
MS. DeJOHN: Correct.
CHAIRMAN STRAIN: Under number two on the list that was provided -- the sidewalk issue I am
going to ask transportation to address when we get to that point.
As far as the building permit or the certificate of occupancy goes, in a prior meeting we had the
same issue come up in regards to whcn the work would be done for the site work that leads to the property.
And we didn't accept the certificate of occupancy because, as we learned with the Naples Nissan, it just
requires someone to come in and cry a little bit and they get it changed. So I don't think that's a good thing
to do. We may want to tie it to something different.
And I think Nick had some language at thc last meeting and staff was going to check on that for me.
And did you tind that, Nancy?
MS. GUNDLACH: We have the proposed language.
CHAIRMAN STRAIN: Okay. Well, when Nancy gets up here we are going to have to listen to
that and what she found out. And then transportation can comment on the width ofthat road and the
adequacy of whether or not sidewalks are safely needed or not.
MS. DeJOHN: Okay.
CHAIRMAN STRAIN: Anybody else have any questions of the applicant?
(No response.)
CHAIRMAN STRAIN: Thank you.
Staff, please.
MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach, Principal Planner with
Zoning and Land Development Review. And today we are recommending approval of the Naples Baptist
Church conditional use 2008-AR-13060.
And there are some changes to the staffreeommendation that I would like to share with you this
afternoon. And one orthose comments is regarding item nwnber two, which -- which will state that prior to
vertical construction the Naples Baptist Church will have its paved road in for the access from the site to
Immokalee Road. And transportation has contirmed that that roadway will be 24 feet widc and will include
a paved shoulder.
And then also, as the applicant had previously stated, condition nwnber three has been satisfied, so
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that is no longer a condition.
And, most importantly, also want to confirm that this is consistent with the growth management
plan and, therefore, staff is recommending approval.
And it's my pleasure to answer any questions you might have today.
CHAIRMAN STRAIN: Any questions?
Mr. Murray.
COMMISSIONER MURRA Y: Just for clarity, you spoke of two. And I'm looking at your original
submission. I think that's where you are.
And it does talk to a five-foot sidewalk. You didn't mention that. You said a paved shoulder. Is that
in place of the sidewalk?
MS. GUNDLACH: Yes. That's going to be in lieu of the tive-foot sidewalk.
COMMISSIONER MURRAY: Is that for safety for -- associated with the vehicles passing, or
what?
MS. GUNDLACH: We can certainly ask transportation to clarify that.
COMMISSIONER MURRAY: Yeah. I appreciate the paved shoulder but, yeah, I would be
curious on that.
MS. GUNDLACH: Okay.
MR. GREEN: Michael Green, Transportation Planning.
Because of the constraints of the private easement being 30 feet, the engineering behind trying to
get a fuIl20-f(lOt of pavement and separation as required in a rural segment and then a five-foot sidewalk, it
just can't be put into this easement.
So to allow ror vehicles and pedestrians, we have gone with a 24-foot width of paving with a
striping that would allow a pcdestrian access down the sidc on the shoulder.
COMMISSIONER MURRAY: How thick would that material be? In other words, how long will
it last before it erodes as a result of the motion or the movement of the earth, etc?
MR. GREEN: It's probably going to be about three and a half inches of asphalt. It would be your
typical paving section of the other County roads.
COMMISSIONER MURRAY: So all the underlay and everything would be there?
MR. GREEN: "Ibat's correct.
COMMISSIONER MURRAY: So that would last a long, long time. Thank you.
CHAIRMAN STRAIN: Mr. Vigliotti and then Ms. Caron.
COMMISSIONER VIGLIOTTI: Nancy, question. Is thcre any reason you're limiting them to
Sundays and Wednesdays and denying the flexibility of a Saturday night service or a Tuesday night or a
Thursday night?
MS. GUNDLACH: Yes, there is. We had a problem with a church in another location that had
expanded the uses and services on the church site. It was like a 74 -- seven day, 24-hour activities on the
particular site. And we had received numerous complaints about it, so that is why we are a little morc
reserved with our recommendation for this particular church.
COMMISSIONER VIGLIOTTI: But this site is very remote. There is nothing much out there. I
can't sec doing any harm of giving them -- again, they are not going to do seven days a week. They just
might do a Tuesday night thing, Thursday or Saturday night service. So I would like to see them get the
f1exibility to do what they need to go.
MS. GUNDLACH: Okay. I understand.
CHAIRMAN STRAIN: Well, the farther out you are and the more quiet it is the farther the noise
travcls when you have those kinds of things. So it does work both ways.
Go ahead, Ms. Caron.
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COMMISSIONER CARON: Why wouldn't you just stipulate something like one evening a week
and that it doesn't matter particularly what evening?
But if it's limited to only one, then it keeps with the spirit of what staff was recommending and --
COMMISSIONER VIGLIOTTI: Can I answer?
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER VIGLIOTTI: A lot of churches do a Saturday night service and a Sunday night
service. That seems to be the trend, where they do a Saturday night and a Sunday morning. Rather than
expanding these facilities, they do two services.
CHAIRMAN STRAIN: Well, there is another problem. The applicant clearly on the record in the
NIM says the following: The church will seat 294 people for services and Bible study will be held on
Sunday mornings. Bible study will also be hcld on Wednesday evenings. There will be no day care.
Now, we had the ABC Liquor project come through here. If you recall, they said on their NIM that
they wouldn't use anything -- any morc than two-axle vehicles or something to that effect. Well, it turns out
they might have an occasional three-axle vchicle. Now they have to go back and do an NIM all over to
clarify that point because they misstated it in the NIM.
Well, I think the same kind of thing would apply here. And if they are not going to be consistent
with what they told thc members of the public, no matter how few they were that attended, then I don't
know how wc could change that without going back through the process again. I don't know.
Is there -- what is the staff --
COMMISSIONER SCHIFFER: Would we be able to add on there though that they could meet
during church holidays?
I mean, if Christmas fell on a Friday, you wouldn't want them not to be able to have Christmas Eve
service or Christmas service. I,et's at least add that.
CHAIRMAN STRAIN: I'm not -- all I'm trying to go by is what we've made others do and what the
rules say, which I don't -- mysclf, I don't care.
I do --I'm not in Mr. Vigliotti's corner. Golden Gate Estates is a very quiet area. You have a church
there making noise multiple times a week, it's going to travel. So we do nced to limit it.
And the last time we did have a problem it was a church in Golden Gate Estates. So I really don't
buy into the program that it gocs -- it's completcly loose. We have to do some kind of curtailment.
COMMISSIONER SCHIFFER: Where I walk my dog there's a church I hear at nights quite a bit,
too. So it can be disturbing, but I do think they should have the right to the holidays.
COMMISSIONER MURRAY: I have a question for Mr. Klatzkow.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I think the church that you referenced made an appeal and I don't
know the outcome of that appeal. I thought -- I thought that appeal was successful or else they have --
CHAIRMAN STRAIN: The church I'm referring to didn't make an appeal. Thcy actually got a day
care that went through a very stringent public process and got --
COMMISSIONER MURRAY: The one I'm thinking of was the one over by Max Hasse Park.
CHAIRMAN STRAIN: Oh, the .Jehovah's Witnesses.
MS. GUNDLACH: Actually, I'm not sure -- thc information I'm sharing with you is information I
received from somebody else.
COMMISSIONER MURRAY: Okay. I don't mean to put anybody on the spot. But I would be
concerned with our ef'torts to limit one when pcrhaps another found its way. I'm sorry to bring the matter
up, but it's stressing me because there ought to be some way we can deal with this.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: I don't know. I mean, we have these ncighborhood information
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meetings for a reason. And it's been stated that the commitments made -- they are real commitments to the
community.
To go back and change them afterward without good reason -- I mean, I don't even think there is a
reason. If they had made the commitment at that meeting, then they obviously knew what they wanted out
of their church.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Laura, could you tell me what happened at the meeting, who
came and what questions they asked?
MS. DeJOHN: Yes. Again, there was one couple who was at the meeting that was not associated
with the application. And Pastor Piazza recalled that he was asked when -- because he has an existing
church service now in another facility. And he was asked when his church fi.mctions are.
So it wasn't a commitment that exclusively services and studies will be on certain days of the week
at this location. Hc answered the question of when are his typical services and when are his typical Bible
studies at his current location.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Okay. Mr. Kolflat.
COMMISSIONER KOLFLA T: Yes. The pctitioner originally submitted and specitied the hours
that he wanted to operate and he hasn't madc any request to change those. I don't know why we wouldn't
stay with what was submitted.
CHAIRMAN STRAIN: In the beginning she did make a request to change thcm. That's kind of
what -- she actually said nwnbcr four on the stafr recommendations, which does provide limitations, they
wanted more flexibility in those limitations.
And I'm just trying to figure out -- I think Mr. Vigliotti had suggested almost virtually no
limitations. So there is kind of a disconnect there.
Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: What would you suggest would work lor you?
Because apparently you're not going to get unlimited. What other nights of the wcek would work or
what flexibility would work with you?
PASTOR PIAZZA: I guess, you know, thosc are regular.
CHAIRMAN STRAIN: If you're going to address the Commission, you have to come up here.
Otherwise, she can consult with you one-to-one.
MR. BELLOWS: For the record, Ray Bellows. I just wanted to quickly add that this limitation on
church hours traditionally did not exclude holidays. So I don't think -- that should be made clear that they
would still be allowed their holiday services.
CHAIRMAN STRAIN: I would havc expected that.
MR. SCHMITT: Religious holidays.
CHAIRMAN STRAIN: Right. In fact, I had made notes on Sundays and religious holidays.
PASTOR PIAZZA: Mike Piazza, Pastor.
The church -- the question was madc to me: When are your regular service hours?
And I said: The Sunday, Sunday nights and Wednesday evening arc normal hours. Occasionally,
you know, we might have an extra Bible study, things like VBS. You know, you might have a weeklong
youth meeting like that, VBS. Yau might have a revival servicc once a year whcre you have three, four,
five days.
But those aren't normal, regular things. These are occasional. You know, maybe a few extra
meetings per year. Scheduled events, you know, where we're not a -- a regular service every single night.
I understand that you don't want -- you don't want that. But, you know, irthere is some limitation in
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the -- help in the wording there that can allow us for special events, that would be great. We'd appreciate
that.
CHAIRMAN STRAIN: Well, the problem that has come up before, and it was the Jehovah's
Witnesses where we got a lot of this discussion. 'They used -- they let other congregations use their facility.
So the problem is they weren't building it to use just for the local congregation. They were using it
for congregations throughout a huge area.
So they ended up being constantly in use with multiple times more days than one. That caused a
great concern for the neighborhood. There's no rcstrictions on you at this point.
PASTOR PIAZZA: Okay.
CHAIRMAN STRAIN: So that's what we are trying to deliberate. That's why we are getting into
the issue.
PASTOR PIAZZA: Yeah. We have no intent to do anything like that.
CHAIRMAN STRAIN: How many special occasions do you have a year, do you think, at the
maximum?
PASTOR PIAZZA: Usually we have a weeklong VBS, maybe once a week -- once a year, we have
maybe a weeklong revival type setting where you have a Monday through Friday. And then occasionally--
you know, I would say right now at the maximum we have an extra service maybe once a month where we
are meeting for, you know, an extra evening tor dinner or some kind of activity like that. So we're not -- not
talking a whole lot of extra usage right now at this time.
COMMISSIONER MURRAY: Fifteen cvents?
CHAIRMAN STRAIN: Twelve, plus five. So we arc looking at 17 on special cvents a year in
which you would have different uses. Each day would be an event, let's say. Even though you had five, it
would be five events then.
PASTOR PIAZZA: Right, right.
CHAIRMAN STRAIN: Mr. Schiller.
COMMISSIONER SCHIFFER: Mark, one thing. He has scrvices and Bible study. Can we not
restrict Bible study? "Ibat's a group of people sitting in a room. I mcan, I don't know how that could get out
of control.
CHAIRMAN STRAIN: Well, I mean, it is -- Mr. Klatzkow, let's go back to the statement made in
the NIM. Do we have any issues there that restrict us in regards to what can or cannot be approved?
And it is on page seven. It says the church will seat 294 people for services and Bible study to be
held on Sunday mornings. Bible study will also be held on Wcdnesday evenings.
MR. KLA TZKOW: Here's the problem within there. People go to a NIM, they get their objections
made. Usually an arrangement is made and they come to this Board. And they don't come down here as
part of the public hearing becausc they think all their objections have been satisfied.
So that -- although I don't believe there is a real requirement that you have to fully abide by the
restrictions in the NIM, but in interest of fairness, I think, to thc community I think you ought to. Because
these people would be showing up if they knew that there was going to be a more intensivc use proposed
for this church than what they were told.
CHAIRMAN STRAIN: And the people that you're referring to are those that would have attended
the NIM?
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: And the people that attended the NIM or -- do you know their names
offhand or do you want me to read them off of the list?
MS. DeJOHN: The couple who was not associated with the petition actually didn't sign in.
CHAIRMAN STRAIN: Okay.
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MS. GUNDLACH: Commissioners, I would like to make a point of clarification. I'm the person
who asked about when they were going to have their services. So I can't say for sure it was really an issue
with the neighbors. It was just an informational question on my part.
CHAIRMAN STRAIN: Ray, do we have any public speakers listcd for this one?
MR. BELLOWS: No one has registered. .
CHAIRMAN STRAIN: Was there anybody in the public who lives in this area that were going to
speak on this?
(No response.)
CHAIRMAN STRAIN: Okay. So we don't have any help on anything.
MS. GUNDLACH: And there's no letters of objection.
CHAIRMAN STRAIN: Okay. So based on all that, we probably could expand the times.
Although I personally don't believe that total unflexibility -- total flexibility is the way to go anyway.
MR. BELLOWS: For the record, too, reading over this and discussing it with Nancy, I don't think
the applicant made a firm commitment to restrict hours. It was more of a general, offhand typical type of
situation, not what they are committing to.
So I don't think the Planning Commission would be constrained from providing additional
flexibility.
CHAIRMAN STRAIN: Okay. Ms. Caron.
COMMISSIONER CARON: But if the intent all along was for several weeklong revivals and other
weeklong events, wouldn't you expect that to be disclosed at a neighborhood information meeting? We are
talking about impactfuJ events, not just another Sunday service.
MR. BELLOWS: Yes. I believe that would be something that -- if that is what they were intending
to do, then it should have been mentioned. But ifit wasn't really discussed and the staff just raised a general
discussion and the answer was just general and not a firm commitment, then I don't see how that is a
restriction that we're going to force them to.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: Ray, they are governed by the noise ordinance though. If they are
out there, you know, making a big commotion and disturbing the neighbors, that's the proper place to deal
with it.
CHAIRMAN STRAIN: Brad, you need to live out in Golden Gate Estates. Gee, I wish my life was
that simple.
Mr. Murray.
COMMISSIONER MURRAY: If a slash pine falls in the woods, will we hear it?
From my part of it, I'm thinking if we had a NIM -- and sometimes this happens, maybe more often
than not -- no one shows up, no one raises the question, should we then introduce information that we
perceive should have been there? And I have a hard time with that.
I recognize that unfettered use might be detrimental to the neighborhood in the long term, perhaps
not today. But on the other hand, if two people came to a meeting and they asked: What is the color of
your britches and had nothing whatsoever to do with the issue at hand, then I think we are investing
something that needn't be invested, at least to the point of trying to make it too restrictive. I agree that some
restriction is esscntial.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Pastor, do you have a church right now?
PASTOR PIAZZA: Yes, sir.
COMMISSIONER VIGLIOTTI: What services do you have for your church right now?
I 6r FptemAr 4, 118
evening it is 6:00 to 7:00. Wednesday evening from 7:00 to 8:00 currently.
COMMISSIONER VIGLIOTTI: Okay. So that would be the same --
PASTOR PIAZZA: Those are our regular services. And that's what I was asked. And when I was
put to it -- I mean, I never intended that to be our only services.
And I believe at the informational meeting it came up and they said: Would that be your only
services? And I said: No, we do have special occasions.
And I'm almost positive I responded in that way during that meeting.
CHAIRMAN STRAIN: Okay. Any suggestions?
COMMISSIONER MURRA Y: Yeah. Give them 20. Give them 20 events.
CHAIRMAN STRAIN: Wcll, then it would read: The church services shall be limited to Sunday--
to Sundays and religious holidays and special occasions not to exceed 20.
COMMISSIONER MURRA Y: That sounds fair. Is that fair?
CHAIRMAN STRAIN: Does that work for everybody?
COMMISSIONER VIGLIOTTI: I'm okay with that.
CHAIRMAN STRAIN: Well, the rest of it stays the same. J'mjust adding to the one portion of the
sentence. And Bible study and classes shall be limited to Sunday mornings, Sundays evenings, and
Wednesday evenings, unless you need another -- do you --
COMMISSIONER VIGLIOTTI: Do you need one more during the week?
CHAIRMAN STRAIN: Why don't we just say Bible -- why are we even limiting Bible classes?
Do they generate a lot of people?
PASTOR PIAZZA: At this time you're talking about 10, you know, people; 10, 15 people for Bible
classes. They are not a huge service.
CHAIRMAN STRAIN: Do you all shout or scream or anything'!
PASTOR PIAZZA: No. We're not the kind to jump up and scream and shout, nor do we blare out
the music and see how many people we can wake up.
CHAIRMAN STRAIN: For number four--
PASTOR PIAZZA: We're not that kind of church.
CHAIRMAN STRAIN: Why don't we rewrite number four to say the following: The uses shall be
limited to church services and a parsonage. Day care uses are prohibited. The church services shall be
limited to Sunday mornings and religious holidays and special occasions not to exceed 20 in total for the
special occasions per year.
COMMISSIONER SCHIFFER: Didn't you mention that you wanted Sunday evenings also?
PASTOR PIAZZA: Yeah. Is that in there?
CHAIRMAN STRAIN: I just said Sundays. I didn't say morning or night. [just said Sundays.
And I dropped out the issuc about study -- Bible study because thcre should be more of that
anyway. So go for it.
PASTOR PIAZZA: Thanks.
CHAIRMAN STRAIN: That takes care of number four.
Nancy, are you fairly clear on that?
MS. GUNDLACH: Ijust added in the words: And religious holidays, but I think you had--
CHAIRMAN STRAIN: After the third sentence: The church services shall be limited to Sundays
and religious holidays and not to -- and not to exceed 20 special occasions per year.
MS. GUNDLACH: That would be like funerals or something?
CHAIRMAN STRAIN: Twenty days of special occasions per year. And then we would drop the
rest of the service.
Mornings -- from the mornings on would be dropped. And that would give a fairly flexible
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schedule.
COMMISSIONER SCHIFFER: From the word Sunday on.
CHAIRMAN STRAIN: Well, you would say Sunday and religious holidays. So after the word
Sunday everything drops, yeah.
COMMISSIONER SCHIFFER: Yeah.
MS. ASHTON: Just a point of clarification, because Mrs. Gundlach suggested you were talking
about funerals as being the 20 days, so you might want to clarifY what you mean by the special occasions.
Because I heard the pastor saying revivals, Vacation Bible School, as being those --
CHAIRMAN STRAIN: I don't care what he calls as special occasions. If that many people die in
his congregation, he may not have --
PASTOR PIAZZA: Hopefully.
MS. ASHTON: Maybe special events might be a better choice of words.
CHAIRMAN STRAIN: Special events. That's fine.
Okay. That takes care of number four.
Number three has been removed; is that correct, Nancy?
MS. GUNDLACH: That is correct.
CHAIRMAN STRAIN: And number four we're going to say: Prior -- and you used the word
vertical construction, but last time I think we used building permit.
Wouldn't that be a better item to put in thcrc than vertical construction? There is already vertical
construction on the site.
MS. GUNDLACH: I'm going to defer to transportation. There may be reasons for that.
MR. GREEN: Michael Green, Transportation Planning.
The intent of having this tied to vertical construction is to ease the burden of mobility to the site for
this equipment and thc costs associated with this to allow them to pave this roadway in a similar fashion
that they are paving their on-site parking.
CHAIRMAN STRAIN: I undcrstand. But I'm saying, why don't we tie it to building pennit?
Because you can't do vertical construction without a building permit. And a building pennit is something
we officially issue.
I'm just wondering why wc wouldn't do that. We won't know when vertical construction is going
on. We just know we've issued a permit and within a ycar's time it's going to have to start.
COMMISSIONER SCHIFFER: Mark, I mean, isn't thc ability to build parking tied to that building
permit?
CHAIRMAN STRAIN: No. That is an SDP. All the site work can be done, which gets you to the
site. Before you get your building permit to put the building up, you have got to have your road paved.
That's all.
MR. HAGAN: Commissioners, Chris Hagan, for the record, with Johnson Engineering.
The point here we are trying to avoid is thc remobilization. As you all know, the building permit
and the site permit generally lag a month or two months between, just out of practical history.
And what we don't want to do is have to mobilize that paving crew twice, if we can take them out
there once to do the parking lot and the driveway at the same time. That's why tying it to the vertical
construction gives you all some comfort that it's going to be there when it needs to be.
But conversely, if we pavc the driveway and then have to comc back and pave it with a second
paver visit, we're going to get hit for -- our owner is going to get hit for several thousands dollars in
remobilization. We're just trying to avoid that.
CHAIRMAN STRAIN: Ray, the parking lot for a structure, wouldn't it have comc through on a
SDP?
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MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Okay. So then what is the problem?
You put the parking lot in under the SDP. The building goes in under the building permit. I still
don't see where the connection is.
MR. HAGAN: Construction timing.
CHAIRMAN STRAIN: I don't understand.
MR. SCHMITT: Chris, you are going to do an SDP for the site?
MR. HAGAN: Correct.
MR. SCHMITT: You can pave the parking lot. You have to have the SDP to do the parking lot.
MR. HAGAN: The thing is we won't do all the site work before we pull the building permit.
CHAIRMAN STRAIN: Well, then you're going to have the problem that you were saying you
wanted this issue to avoid. You're going to have double mobilizations.
MR. SCHMITT: You're going to do the road before you pull a building permit. That's what Mark
IS saymg.
MR. HAGAN: What we would intend to do is pull the site permit and then the building permit and
then do all the construction in one fell swoop.
MR. SCHMITT: Right.
MR. HAGAN: What we want to do is we want to make sure that -- what we don't want to have to
do is pave the driveway immediately. What we want to do is do that in the normal course of building.
MR. SCHMITT: Okay.
CHAIRMAN STRAIN: Normal course of building what~
MR. HAGAN: In building a site, pavemcnt is one of the last things we put down.
CHAIRMAN STRAIN: Chris, I know. I probably do more of this than you have.
MR. HAGAN: I know. Well, then I don't understand why--
CHAIRMAN STRAIN: I don't understand where you're coming from. If you're going to go in and
get an SDP, it's going to give you the road and all the site work. The well, thc septic, everything but the
building pad. The building pad comes with thc building permit.
So if you can do all the site work and all that work and then you just -- and that is all going to be
done before you get your building permit, where are you at a loss'!
MR. HAGAN: That work doesn't havc to be done before you gct the building permit. I'm
confused. I'm talking about sequcncing of construction, not scquencing of permits. That's where--
CHAIRMAN STRAIN: Why wouldn't you want to do the work if yon want to avoid the double
mobilization?
If you're just going to do the road and then come back and do the site work later, don't you have
double mobilization?
MR. HAGAN: Yes, you would.
MR. SCHMITT: How about if -- I'm just trying to think of sequencing. Prior to your IO-day spot
survey, if you want to be that specific, you're going to pull building permit. Y ou'rc saying you're going to
pull building permit.
MR. HAGAN: Correct.
MR. SCHMITT: You're alrcady going to have your SDP. You want to pull your building permit.
You may start vertical construction before you actually start paving is what you're saying.
MR. HAGAN: Correct.
MR. SCHMITT: I got it.
CHAIRMAN STRAIN: But I thought that's what we are trying to avoid.
MR. SCHMITT: Him and Mike are both on different wavelengths. Because Mike says before they
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start construction.
CHAIRMAN STRAIN: Nancy, when you and I met, I suggested the language that Nick has used in
other projects that he brought up about a week or two ago. Why aren't we just simply using that?
This doesn't need to be a negotiating point. That was what worked for other projects. We simply
make it work here.
Do you have that language? You were going to get that ffom Nick.
MR. SCHMITT: Prior to the building permit.
CHAIRMAN STRAIN: Is that what he said? I don't remember how he worded it. He had two of
them. Construction was to start at a certain point and then the work would be completed prior to a certain
point. And that's what I was trying to get at.
MS. GUNDLACH: Okay. My understanding is that the language is: Prior to vertical construction.
If there is something else that you're thinking of, I could --
CHAIRMAN STRAIN: I was here. Nick never used those words. He doesn't--
MS. GUNDLACH: We'll have to find those words from Nick then.
CHAIRMAN STRAIN: I don't think Nick knows anything about vertical construction. He's a road
guy.
Okay. Any comments? We'll just go on and sce where it all goes.
Mr. Schiffer.
COMMISSIONER SCHIFFER: There's a conccrn I have about this being essentially a long --
maybe a cul-de-sac if the turnaround is right. Would you have a problem adding a clause that you can't gate
that until you -- until Cornerstone connects to Cannon Boulevard?
The concern I would have is an emcrgcncy vchicle coming down there and you've got a gate at the
end of that.
MS. DeJOHN: There's no problem with the condition that there is no gate.
COMMISSIONER SCHIFFER: Just no gate ever?
MS. DeJOHN: You can condition that.
CHAIRMAN STRAIN: Before we go that far, the response to Brad earlier was the vehicles could
continue through the site to the south. Could you put that aerial back on that I had provided with the yellow
markings on it? Move it up a little bit.
How do you get to the south? How does an emergency vehicle, Brad, get through there?
COMMISSIONER SCHIFFER: Well, I'm looking at the improved plan, not that. Actually, what
could happen in the parking lot is it could turn around and come back out the same way it came in. If they
gated it, there would be no way for it to turn around.
CHAIRMAN STRAIN: Okay. So no gates?
COMMISSIONER VIGLIOTTI: No gate.
COMMISSIONER SCHIFFER: If you want a gate in the future, we could word that so that once
the road is connected you can put a gate.
PASTOR PIAZZA: No gate.
MS. DeJOHN: No gate.
CHAIRMAN STRAIN: Okay. Any other questions of the applicant'!
(No response.)
CHAIRMAN STRAIN: If not, we'll go into the staff presentation. Thank you.
MS. GUNDLACH: Commissioners, I already gave my presentation. If you have any other
questions, I am pleased to answer them.
Any questions?
Ms. Caron.
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1 6 I l"'sePt~ber 4&08
COMMISSIONER CARON: Just a quick question. Do they have to do a panther consultation?
MS. GUNDLACH: Do they have to do panda?
COMMISSIONER CARON: Panther. I mean, I like to push the envelope, but really.
MS. GUNDLACH: No.
COMMISSIONER CARON: Okay.
MS. GUNDLACH: They do not.
COMMISSIONER CARON: They do not? Because they are just in the secondary zone, is that
why?
MS. GUNDLACH: This particular petition did not have to go to the Environmental Advisory
Council because it's under five acres.
COMMISSIONER CARON: No. That's not what I asked. Do they have to do panther
consultation? That's it.
MS. GUNDLACH: No, they don't. They do not.
CHAIRMAN STRAIN: Nancy, you had clarified some items on two. Ijust want to make sure we
understand it.
There will be a 24-foot rural paved roadway from Immokalee Road to the subject property with
shoulders -- with paved shoulders?
MS. GUNDLACH: With a paved shoulder.
MS. ASHTON: Mr. Chair, actually I asked for clarification from both Ms. Dejohn and our
transportation planning staff. And the language that they are both in agreement with is -- however, you
decide the first part to be: That the church or its successors or assigned shall construct to County standards
a 20-foot rural paved roadway from Immokalee Road to the subject property with a four-foot paved
shoulder.
CHAIRMAN STRAIN: Well, that's a bit different.
COMMISSIONER MURRAY: That's better.
CHAIRMAN STRAIN: Okay. So that's a 20-foot rural paved roadway from Immokalee Road to
the subject property with a four-foot paved shoulder.
Number one stays as it's presented. Number three was dropped. Number four we've modified.
Number two, the only thing remaining there is a discussion about building permit and vertical construction.
Are thcre any other questions of staff at this time?
COMMISSIONER CARON: Five.
CHAIRMAN STRAIN: The gate.
MS. GUNDLACH: Commissioners, I have a point of clarification about Commissioner Caron's
question about the panther.
Would you like to share?
We have an environmentalist here today. She is going to share some information about the panther.
MS. HERRERO: Good afternoon. For the record, my name is Laura Herrero. I'm a eertified
ecologist with the Ecological Society of America and a consulting ecologist with Johnson Engincering.
And it was --
CHAIRMAN STRAIN : You need to talk a little slower so she can typc as fast as you talk.
MS. HERRERO: As Ms. Caron pointed out, the project is located in the U.S. Fish and Wildlife
Services secondary panther zone. As such, when the project does go through, you know, for thc site
development plan, any ERP permits that are required, it will require a consultation with thc U.S. Fish and
Wildlife Service at that time.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Okay. Thank you.
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. ~epte&er 4,608
Any other questions?
(No response.)
CHAIRMAN STRAIN: Ray, you said there were no public speakers?
MR. BELLOWS: Correct.
CHAIRMAN STRAIN: Is there anybody wishing to speak on this matter?
(N 0 response.)
CHAIRMAN STRAIN: Any final comments from the applicant?
(No response.)
CHAIRMAN STRAIN: With that, we'll close the public hearing and we will entertain a motion.
Mr. Kolflat.
COMMISSIONER KOLFLA T: Mark, could you read to mc what you had down for that
stipulation four, please?
CHAIRMAN STRAIN: The uses shall be limited to church services and a parsonage. Day care
uses are prohibited. The church services shall be limited to Sunday mornings -- or Sundays, religious
holidays and up to 20 special events.
COMMISSIONER KOLFLAT: Now, you have excluded Biblc study classes.
CHAIRMAN STRAIN: There would be no restriction on that. That's not a large crowd.
COMMISSIONER KOLFLA T: But the uses are limited to. And then you have listed what it is
limited to. If you don't have it therc, then they won't allow Bible classcs.
COMMISSIONER SCHIFFER: They are not limiting that.
CHAIRMAN STRAIN: Good point. This is church serviccs. I guess Bible study might be
classified as a church service.
COMMISSIONER KOLFLA T: I think that's a stretch.
CHAIRMAN STRAIN: Why don't we just say church services shall be, and we'll drop the word
limited. Or shall be restricted to. No, that is scrviccs again.
MR. BELLOWS: Howabout: Excluding Bible studies?
CHAIRMAN STRAIN: Yeah.
COMMISSIONER VIGLIOTTI: Or there shall be no restriction on Bible studies.
CHAIRMAN STRAIN: Or cxcluding Bible studies?
Good catch, Mr. Kolf1at.
So the language at the end of that sentence as it was modilied would end adding another sentence
that says: Excluding Bible studies.
Okay. Any othcr qucstions?
(No response.)
CHAIRMAN STRAIN: Is there a motion?
COMMISSIONER VIGLIOTTI: I will.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: I'll make a motion to approve with the changes to number one
using the words building permit.
CHAIRMAN STRAIN: That's number two.
COMMISSIONER VIGLIOTTI: Number two, building permit. And the roadway of20 feet plus
the four foot. No gate at the end. And the changes you have discussed with staff in number four.
CHAIRMAN STRAIN: Okay.
COMMISSIONER WOLFLEY: I'll second.
CHAIRMAN STRAIN: Scconded by Mr. WoHley.
Discussion?
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(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONERMIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries eight to zero. Thank you.
Item #9D
PETITION: PUDA-2008-AR-13063
Okay, next item up is Petition PUDA-2008-AR- 13063. It's the Silver Lakes Property Owners
Association of Collier County, Inc. It's on 951 about one and a half miles south of Tamiami Trail.
All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter.
(Speakcrs were duly sworn.)
CHAIRMAN STRAIN: Okay. Disclosures from the Planning Commission?
COMMISSIONER MURRAY: Right here.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRA Y: I had a meeting with Mr. Pires and Mr. Nadeau concerning this
matter.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: I also had a meeting with Mr. Nadeau and Mr. Pires.
CHAIRMAN STRAIN: Anybody else?
(N 0 response.)
CHAIRMAN STRAIN: I had a discussion with Mr. Pircs. And Mr. Nadeau and I ncver were able
to hook up in time to have a mceting. And thc issues I talked about with Mr. Pires will be discussed today.
With that -- were they sworn in? Yeah, we just did that.
Okay, it's all yours.
MR. NADEAU: Commissioners, good aftcrnoon. For the record, my name is Dwight Nadeau. I'm
the planning manager for RW A and representing the Silver Lakes Property Owners Association in this
petition for a minor amendment to the Silver Lakes MPUD.
This is AR-13063. With me today is Mr. Tony Pires of Woodward, Pires, Lombardo, as co-agent
for the association. A few of you may recall that last time I was before you in 2005 we were on opposite
sides. We are now both representing the property owners association in this request.
In addition, we have Conway Bennett and Leroy Richards from the park. Mr. Richards is the
vice-president of the association.
First thing that I need to bring to the attcntion to the Planning Commission is that this petition does
not request any additional density. It docs not modifY any development standards or request any intensity
changes to the PUD.
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1 qelt~ler~ 1006
For a little bit of history on the background ofthe project and how we got here, the original 146-acre
PUD was adopted on May 22nd of I 990. That's Ordinance 90-40. The first amendment was adopted
September 24, 1991. And that was Ordinance 91-90. That is the ordinance that I drafted back many years
ago.
The second amendment, and currently in the current document, was adopted March 22, 2005. And
it is Ordinance 05-14 and a part of your review packet. This last amendment was the--
MR. NADEAU: -- attempt to clarify the means of clouding or siding accessory structures.
On December 28, 2006, the former building administrator issued an opinion that the accessory
structures were to be constructcd of specific materials. A request for an official interpretation was
submitted to the planning and zoning director on August 29 of'07 that disputed the building administrator's
policy related to the specifics of construction for accessory structures.
On December 10,2007, Susan Istenes, your planning and zoning director, rendered the official
interpretation, agrceing with the argument proposed by myself that there was no specificity on how
accessory structures could be constructed.
Shortly thereafter building pcrmits for accessory structures stopped being issued by the building
permit department based on objections from planning staff that the accessory structures relating to the porch
were not habitable space.
This then is the reason why we're here before you is that we're very simply clarifying that these
accessory structures may be living space. We are looking to maintain the status quo where property owners
will retain the opportunity for improving their lots with the permitted principal and accessory land uses
provided for in the MPUD.
The Association, Collier County, Attorney Pires and myself crafted the text amendments to remove
term -- remove the term "porch" and identifY the square footage limitations on the principal and accessory
structures.
Ray, if you could put this exhibit up on the visualizer, please.
Now, it's important to lmderstand -- you will have to zoom out a little bit. It is important to
understand -- zoom in a little more, thank you -- that there is two tracts in Silver Lakes. Silver Lakes is a
mixed use planned unit development becausc it is a travel trailer recreational vehicle park, which is a
commercial type land use, and it also has recreational residence land uses that allow for, let's say, parked
trailers that arc greater than 500 square feet but less than 700 square feet.
There are 400 platted lots that are TTRV in the subdivision. And they have a maximum square
footage of 500 squarc feet.
There is 160 platted recreational residence lots in the park, and they have a maximum square
footage of 700 square feet for the principal structure.
There are 38 lots that remain unimproved. And the balance of the platted lots are improved.
And for Commissioner Caron's information, there are approximately 115 lots improved both with
modular and principal structures attached, joined together in a single lot. And it would be similar to what
you see in the picture on thc bottom, second from the right, where wc have two units that have been merged
together into a single principal and accessory structure.
This is -- this is on an AR lot. And one can assumc that there is 700 square feet of principal
structure and 700 square feet of accessory structure. And that accessory structurc would be living space.
The remainder of the park -- excuse me, 20 percent of the park is built out in this fashion with these
joined units.
The remainder of the park is developed with more traditional park trailers, motor coaches, travel
trailers and the like as principal structures with the diverse accessory structures that you can also see in the
photos.
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1 ~PtLb~r 4, ~a8~' 6 '
You'll see a fifth-wheel trailer with a screen porch attached to it. You will see another RV
over-the-road travel trailer with a screen porch attached to it. You will see a parked trailer that has a carport
added to it and potentially a utility room. You will see one vacant lot with a -- a shed on it.
And it is -- wc were fortunate enough to get a picture of -- on the very left side of your screen on the
bottom you will see that there is a travel trailer or a motor coach that was in place at the time the aerial
photo was taken. But when I shot the picture on Tuesday, it had vacated the site. And the screen enclosure
and the shed remains.
So this is the status quo that we're trying to maintain: Provide the opportunities for the lot owners to
improve their parcels, their lots, with what is permitted by the PUD.
For the record, I would like to offer 286 petitions of support provided by the association. These
petitions represent the support of334 propcrty owners in the park. The reason why there is 334 properties
and 286 signatures is that some people own more than one lot in the park. So I offer it to Ray. A copy has
been given to the principal planner in charge of the petition, who is not here today, and I will ofTer a copy to
the reporter. Thank you.
Two neighborhood information meetings were conducted to explain the petition. Our first meeting
had 150 people there. It was very productive. However, the Naples Daily Ncws did not put the ad in the
paper so we had to conduct another -- had to conduct another neighborhood information meeting. There
was lcss people there and there were no objections.
With that, Commissioners, that concludes my prcscntation. I'd be happy to answer any questions
that you might have.
CHAIRMAN STRAIN: Okay. Questions of the applicant anybody?
Ms. Caron.
COMMISSIONER CARON: Yeah. It looks like from the -- what you've written here that some of
these accessory structures, which you're trying to codifY, can actually be larger than the principal structure.
Is that --
MR. NADEAU: No. That is not the intent, nor is it the way that it is drafted.
COMMISSIONER CARON: Well, if you go to Page 31 of your PUD--
MR. NADEAU: Ycs.
COMMISSIONER CARON: For example, under park trailcr, the definition of a park trailer, it can
only be 400 feet.
MR. NADEAU: 500 square feet.
COMMISSIONER CARON: No. Depending on who constructs it.
MR. NADEAU: Oh, yes. That's accurate, yes.
COMMISSIONER CARON: Okay. But according to the amendment it could be 500 feet.
MR. NADEAU: It is whatever -- howcver thc state would license the construction of that park
trailer.
COMMISSIONER CARON: Okay. I'm just saying that the wording needs to be clarified here
because I'm not sure that that doesn't affect the travel trailer and fifth-wheel, as well as -- almost any of
them. The camping trailer and the motor home.
MR. NADEAU: Of course. Referring to Page 3-3, the parens "B" in the middle of the page, you
will sce that the squarc footagc of accessory structures permitted in this subsection shall not exceed the
square footages of the associated principal structure, except for recreational vehicles other than park models
which are over-the-road vehicles.
MR. NADEAU: So motor coaches and tifth-wheel trailers and travel trailers wouldn't be subject to
that restriction because they are over the road. It would just apply to the park trailers, which are the only
principal structure in Tract A that is anchored to the ground.
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COMMISSIONER CARON: In this PUD it allows you to build at ground--
MR. NADEAU: I'm sorry.
COMMISSIONER CARON: -- at ground level?
MR. NADEAU: Yes. We don't have to meet FEMA requirement.
COMMISSIONER CARON: You don't have to meet FEMA?
MR. NADEAU: Other than for those structures that are going to be anchored to the ground. They
will have to meet the flood requirements. But a travel trailer, no.
COMMISSIONER CARON: Okay. Thank you.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: Yes. Dwight, all of these buildings have obtained building
permits?
MR. NADEAU: Absolutely, yes, sir.
COMMISSIONER SCHIFFER: Okay. And they all passed the energy code, they all have
insulation, they all meet flood criteria?
MR. NADEAU: They are required to comply with the Southern Standard Building Code, yes, sir.
COMMISSIONER SCHIFFER: Hopefully the Florida Building Codc.
MR. NADEAU: The Florida Building Code.
COMMISSIONER SCHIFFER: But the point is that they are all built -- they're all at the proper
elevations?
MR. NADEAU: Well, I can't validate every -- all 560 units in there. But they arc -- wcre to have
received building permits.
COMMISSIONER SCHIFFER: Okay. So they are all above flood criteria?
MR. NADEAU: Those structurcs that are required to be, ycs, sir.
COMMISSIONER MURRAY: I don't think so.
CHAIRMAN STRAIN: Mr. Schmitt.
MR. SCHMITT: The PUD amendment is basically -- was driven sort of -- well, was driven by staff
at the request of the applicants because we had many problems out there. This goes back several years.
I have had inspectors out therc to correct problems, revicw a lot of structures. And we -- it is my
understanding, or at least based on the staff that has been out there, what was not constructed properly has
been removed.
I mean, we had -- basically what was happening is areas werc morphing from screen rooms to
enclosures, laundry rooms to whatever. And most of that has been cleancd up.
This amendment is to now allow for some of the expansion that, frankly, some of it has already
taken place because we had a -- some code cases and othcr issues out there.
COMMISSIONER SCHIFFER: Because my concern is that some of the wording you're adding
would bring it into the building code that it would not have to come into prior to that. So the concern I have
is that if we allow something to be considered a living area when cssentially it has been under the accessory
uses, essentially a porch, then the requirements are raised as to what it is in thc building code.
MR. SCHMITT: If it's an enclosed air-conditioncd living arca, to be pernlitted it has to comply
with the building code.
COMMISSIONER SCHIFFER: For cithcr a sunroom, which it could be, or for a habitable space?
MR. NADEAU: As I understand it, ycs.
COMMISSIONER SCHIFFER: Okay.
MR. SCHMITT: It would be subject to enforcement if it does not.
COMMISSIONER SCHIFFER: Okay. In other words, this brings in the -- raises that bar.
Something that is below that bar has to bc removed?
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MR. SCHMITT: That's correct.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Anybody else have any questions?
Mr. Nadeau, in your PUD on 3-4 you have Item E that says: Maximum gross per area of principal
structure/unit; 500 square feet exclusive of decks and porches. The building department sees the additions
as air-conditioned, habitable space.
I would suspect their next move would be to consider them part of the principal structure. If they do
and those exceed the 500 square feet, if left like it is, wouldn't that pose a problem to you?
MR. NADEAU: It very well could. And I belicve you might have a suggestion that --
CHAIRMAN STRAIN: Well, I'm suggesting drop the word "unit."
MR. NADEAU: Yes.
CHAIRMAN STRAIN: That helps. But I want to make sure it's understood by staff what the intent
here is. So when we gct all done with this, we haven't got to tell them they have to come back through
agam.
So I guess Ray or Joe, I need you to take a look at that.
MR. SCHMITT: 500 square toot -- yeah, that's fine. That is principal structure. That's fine.
CHAIRMAN STRAIN: Okay. So if we drop the word "unit" and leave the words "principal
structure" there, then these additions that occur and they are habitablc air-conditioned space, they don't get
added to thc principal structure's square footage so they don't have these constant -- continued violation of
the square footage maximum then; is that fair to say?
You're interpreting this today. This is an old PUD. So whoevcr -- I saw the letter of intent that you
wrote, Dwight, and you didn't intend for this to happen today. I want to make sure it doesn't happen again
10 years from now.
MR. SCHMITT: Principal structures is the additions.
MR. BELLOWS: That's correct.
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: So it works if we drop the word "unit".
MR. BELLOWS: I believe so.
CHAIRMAN STRAIN: That occurs twice on Page 3-4 and 4-3.
MR. NADEAU: I have that annotated as well.
CHAIRMAN STRAIN: Okay. I had a question about the picture you got on the board.
MR. NADEAU: Sure.
CHAIRMAN STRAIN: It's just a curiosity. The picture you brought to our attention on the
bottom, the second one from the right, that is one unit on two lots, right?
MR. NADEAU: That is one unit on a single large lot. That is an AR lot or recreational residence
lot.
CHAIRMAN STRAIN: Each half of that unit a travel trailer?
MR. NADEAU: They are modularly constructed. They are not travel trailers. It's like a modular
home.
CHAIRMAN STRAIN: Okay. Each half of that is -- so what I'm getting at is: What is the square
footage of that homc? Is it greater than 500 square feet?
MR. NADEAU: This tract is allowed to have 700 square feet. Thcrefore, one-half would be 700
and the other could be 700 as well.
CHAIRMAN STRAIN: That's whcre I'm trying to get to. How does the other half ofthat one
structure have an additional 700'1
MR. NADEAU: Because it is considered an accessory structure. And that's how it was permitted
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by the building permit department.
CHAIRMAN STRAIN: That is pretty slick. So you're bringing two trailers, you tie them together,
and all of a sudden one is an accessory to the other half that couldn't function without the accessory if it
wasn't attached to it.
MR. SCHMITT: And that's what brought us here today.
CHAIRMAN STRAIN: Well, I'm trying to understand that. When I first read this--
MR. SCHMITT: That's what brought us here today. That's why we're amending this to allow what,
in essence, has taken place. And what was added as accessory structures were now being identified as
enclosed air-conditioning --
MR. NADEAU: Living space.
MR. SCHMITT: -- living space.
CHAIRMAN STRAIN: Well, I have got to commend staff. This should have come before us
today. At first I was puzzled why it was even being brought forward, as you all know, from my discussions
with you.
MR. SCHMITT: And as Dwight knows --
CHAIRMAN STRAIN: This is a great example as to why we are here. I understand better now.
MR. SCHMITT: Dwight knows this ha<; also happened in other areas of the County where we had
to go back and make corrections. And this is one where, again, we -- in order to do what they need to do,
we said the best way to do it is to amend the PUD to allow it.
CHAIRMAN STRAIN: Which half is the principal and which half is the accessory? Just out of
curiosity.
MR. SCHMITT: I'm going to say the principal is the kitchen. You can't live without the
refrigerator and the beer. How is that?
CHAIRMAN STRAIN: We have a problem without the bathroom then, too, huh? I'll be darned.
Okay. The last thing that I had is Mr. Pires wrote us all a letter --
MR. NADEAU: The errata letter?
CHAIRMAN STRAIN: With his typical nitpicky stuff.
MR. PIRES: I appreciate that.
MR. SCHMITT: He resembles that fact.
CHAIRMAN STRAIN: On Page 2 of 3 of our appendix one, which is our staff report, hc says the
word "not" necds to be put in there in regards to, "It will not impact any traffic congestion." I think that is a
real relevant point.
The other items he pointed out certainly merit reading, but I think that's the only physical correction
needed to the document.
MR. NADEAU: I will look over your shoulder.
CHAIRMAN STRAIN: Tony, is there any other correction to the document'! That's the only
physical correction, I think, that was needed.
MR. PIRES: That's correct.
For the record, yes.
CHAIRMAN STRAIN: You need to get a little taller. It's hard to see you.
MR. PIRES: I have bccn trying.
MR. NADEAU: He actually asked me to put the petitions on the floor so he could stand on them.
CHAIRMAN STRAIN: We're just not going to let Tony go. He appears so rarely, we have to give
him a bad time when he docs.
Okay. Are thcre any other questions ofthe applicant at this time?
(No response.)
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CHAIRMAN STRAIN: Okay. Do we have a staff report, please?
MS. ZONE: I'm sorry, Commissioners, I was -- I stepped outside when everyone was being sworn
m.
(Speaker was duly sworn.)
MS. ZONE: Melissa Zone, Principal Planner with the Department of Zoning and Land
Development.
I am not the project planner on this petition. I'm filling in for the Principal Plmmer John-David
Moss, who was the planner assigned to this.
According to John-David Moss, the planner assigned, there were no outstanding issues. Of course,
this is an existing PUD, which has been brought through the process and approved for the zoning and the
compatibility.
I have noted the changes in the PUD to strike out the word "unit."
Ifthere is any questions I might be able to clarify for any of the members here, I would be happy to
do so.
CHAIRMAN STRAIN: Any questions of staffl
(No response.)
MS. ZONE: Okay.
CHAIRMAN STRAIN: Thank you.
Ray, do we have any public speakers?
Five?
MR. BELLOWS: No speakers.
CHAIRMAN STRAIN: Okay. You put your hand up like that.
MR. BELLOWS: I'm sorry. I was trying to read what -- this one.
CHAIRMAN STRAIN: This was going good. I didn't know if you really meant it or not.
Okay. Having no public speakcrs, are therc any final commcnts from the applicant?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll close the public hearing and entertain a motion.
Is there a motion, pleasc?
COMMISSIONER MURRAY: I would make that motion.
CHAIRMAN STRAIN: To?
COMMISSIONER MURRA Y: Forward to the Board of Collier County Commissioners a
rccommendation of approval for PUDA-2008-AR-13063 known as Silver Lakcs PUD, with
recommendations by staff.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Ms. Caron scconded the motion.
Discussion?
(No response.)
CHAIRMAN STRAIN: I have notes that we made three changes. I'm going to ask the --
COMMISSIONER MURRAY: I couldn't remember what they were.
CHAIRMAN STRAlN: Well, I will rcad them to you.
The first one would be that we would add the word "not" aftcr the word "will" on Page 7 of number
seven on Page 2 of 3, appendix one. That we would drop the word "unit" from 3.5.E and 4.5.E in the PUD.
That's thc only notes I have.
Does the motion-makcr accept those, and the second?
COMMISSIONER MURRAY: I do.
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1 6eltel~r~, '08 6-
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Any further discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Ayc.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Those opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries eight to zero.
Okay. We'll take a -- it would be a good time for a break.
MR. SCHMITT: I just want to thank the residents, becausc this was a very trying time for them.
And I know it was very difficult to go through this process. And I appreciate them having the patience.
CHAIRMAN STRAIN: Well, we're not the difficult part, you guys are.
MR. SCHMITT: I know we are.
CHAIRMAN STRAIN: We'll take a break until 3:00. Whcn we get back, we need to discuss the
balance of this afternoon's agenda.
(Brief recess.)
CHAIRMAN STRAIN: Okay. If everybody will resume their seats, we'll continue.
Wayne, beforc we hear from you, we're going to talk about our agenda today. We have one more
scheduled hearing, which is the one coming up. And based on the questions and the people left in the
audience, we may spend some time on that onc.
I do not think it would be a good idea for this commission to start an LDC item that we can't finish
today. And we have two that are rather important. I don't think there will be enough time left today to get to
either one ofthem. And that is 305.07.HLH.I and II. It's preservc uses and water in prcserves. They arc on
Page 197 and 20 I respectively.
So I would like an acknowledgment from this panel that we would agree and not do those today, but
they will be scheduled first up, assuming thcre is enough time, at the ncxt meeting in which we schedule
these LDC hearings. Does that concur with evcrybody?
COMMISSIONER SCHIFFER: Good with me.
CHAIRMAN STRAIN: So those of you that arc in the audience that are here for the preserve uses
or storm water and preserve items, Pages 197 and 20] in our LDC book, we will not be hearing those today.
Ifwe have any time left over and wc can squeeze in the groundwater protection, the SRA
designation, the EAC powers and duties, the submittal requirements for permits -- we'll probably not get
into the utility ones today, but then -- and the Immokalee ones arc going to be off for awhile.
And that might just end up all we'll get to, except !()r specific standards for locations of accessories.
Those are the only ones, if we have time, that we might get into aftcr this hearing today. The rest will be
continued to a point in the future that wc hope is going to be the ] 8th of the month.
With that in mind, we'll h Ms. Caron.
COMMISSIONER CARON: Just so everybody knows, the reason is we have to be out of this
room today. Some people came in late and I wasn't sure they knew.
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CHAIRMAN STRAIN: We have to be out of here at 4:30.
COMMISSIONER CARON: At the latest.
CHAIRMAN STRAIN: There is a budget hearing. And the budget has taken priority over this for
sure.
MR. SCHMITT: The budget hearing is at 5:05. And I do want to point out, Commissioners, that
there were four LDC amendments that we handed out at the last meeting that are, quote, part of your first
hearing that are scheduled for the 18th as well. And, of course, anything we don't finish will go to the date --
and I believe it was the end of the month.
CHAIRMAN STRAIN: 26th.
MR. SCHMITT: The 26th. And we do have the room all day.
CHAIRMAN STRAIN: Would you between now and the 18th contact the CRA Board in
Immokalee and get their input on the Immokalee issues that they are concerned about so that we can have
their input before the next meeting and the time?
MR. SCHMITT: Yes.
Item #9E
PETITION: PUDZ-2006-AR-10294
CHAIRMAN STRAIN: Okay. With that, we'll move on to the last public petition today. It's
Petition PUDZ-2006-AR-I0294, the Naples Church of Christ, Inc., mixed use PUD on Livingston Road,
approximately 6.6 miles south ofPinc Ridge.
All those wishing to participate in this hearing, please rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Thank you.
Are there disclosures on the part of the Planning Commission'!
COMMISSIONER MURRA Y: Yes.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: As earlier explained, I had conversation with Mr. Yovanovich via
telephone and they included this item.
COMMISSIONER VIGLIOTTI: I also spoke to Mr. Y ovanovich by phone with some questions
that I had.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: And I had conversations with Mr. Y ovanovich on issues that I will also
repeat in discussion here today.
Mr. Arnold, it's all yours.
MR. ARNOLD: Thank you. I'm Wayne Arnold with Grady Minor Engineering here representing
the Naples Church of Christ, Inc.
Rich Y ovanovich is here for the land use items related to the project, if you have any.
Reed Jarvi is here, who prepared our traflic analyses. Kim Schlatka (phonetic) with Boylc
Environmental prepared the environmental impact statcmcnt. And then elders ofthc church, Bob Murrell
and Dr. Kris Kent are also here, if there are any specific issues that you might have as a request of the
church itself.
This is a request to rezone a little over 19 acres from agriculture to a mixed use planned
development. And the primary uses that we're proposing to pennit would be a church with an accessory
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Septem 4, 2
preschool through elementary school component. We would also be asking for, on another tract, up to 72
multifamily units, two existing single-family units to remain and then also the option to have up to 200 units
of assisted living CCRC use for age 55 and over housing.
We have a location exhibit here that we can put up with the master plan on it. As you said, this
property is about a half a mile south of Pine Ridgc Road on Livingston Road.
Although it's almost 20 acres in size, it is an infill project. We have the Positano Place
condominiums to our north, which is part of the Arlington Lakes project. Arlington Lakes also wraps
around to our east, but we are adjacent to their flow way that's a portion of that project. And then to the
south we have the Aviano of Naples project, which was developed by Toll Brothers. And you can see that
we abut a portion of their project and then another larger portion of their preserve.
On the master plan there you can see the large bright grecn strip that runs east and west through the
site. That is a Florida Power and Light easement that is located on the property.
The master plan -- as you can see, we have two development tracts that we have identified. The
parcel closest to Livingston Road would support the church and the church school uses. The orange tract
that we've highlighted in the back would be thc location for multifamily housing and/or the assisted-living
facility type uses.
You can see our native vegetation preserve that's on the northeast corner of the site. It's adjacent to
the flow way and also separates us a little bit furthcr from the Positano Place condominium. Of course, we
have the Florida Powcr and Light easement to the south that's un-vegetated, but it's a large buffer to the
existing A viano project.
We also, at the request of the transportation department, have identified a potential interconnection
with the Positano Place project. It's located right at the point of which the rear tract and the tract closer to
Livingston Road come together on the project. That's something that at our neighborhood informational
meeting the -- only a couple of residents from Positano Place were in attendance, but they had not supported
that interconnection idea.
I would tell you though that originally when this project canle about we had a contract with thc
original developer of the Positano Place. We thought that had merit, but obviously that project has now
been turned over to their association and the developer is no longer there. From our perspective, it's
certainly something that makes less sense today than it did whcn we started the project.
And I did have a discussion with the property manager just a few moments ago. You will hear him
speak, but they don't support that interconnection. I did want to point that out.
The project as we have it -- I think that it has been a fairly innocuous project with regard to the uses
that we're proposing at the church. They are currently located out at Santa Barbara and Golden Gate
Parkway. They have merged with one of the other churches and they purchased this location to bring their
new facilities forward.
Part oftheir mission would be to try to establish also the preschool component, as well as possibly
an elementary school into the future. And that's why we have identified those uses on the larger tract.
With rcgard to the rear tract, we have the opportunity for multifamily and/or this assisted living.
We have included standards in there that you'd see on other projects for the independent component of this
that would mandate a dining component, transportation, those kinds of things. And hopefully you will agree
that those are consistent with what you have seen before.
We have asked for threc deviations from the land development code for the project. And staff has
supported, I guess, one and a half of those. Because they have offered, I guess, a compromised position on
one of those.
The first deviation was for a parking dcviation so that we didn't have to provide parking for both a
school component and a church component. Their hours of operation don't conflict, so it makes sense to
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provide the parking lot that we would for the church and then allow the school function to utilize that. Staff
did not have a problem with that. So we would encourage you to support that, too.
The other deviation that we requested -- the dther two deviations are really in reference to landscape
buffer treatments. Staff had originally told us that we needed the deviation between our two development
tracts that would be --I think it started out as a 30-foot wide buffer, two I5-foot wide buffers.
And we said, well, it's the samc potential development. It's all internal to our project. Let's look at
something less. And we offered a 20-foot buffer without a wall. And now, through the process, we are up
to a 25-foot wide buffer without a wall. And staff does not support that.
I think from their perspective if we had a residential use developed on the back parcel, that we
should then have a wall separating the church from that residential component. We don't necessarily agree
with that. It probably should be the residential developer's responsibility if they really did want to scparate
themselves from the church.
We don't think that it makes sense today to have that, because right now we have two single-fanlily
homes that are existing. They will be utilized as part ofthe church. And it would make more sense not to
have a separate wall buffer between those two uses.
It's not only one of function, but there is a financial side to that, too. These walls cost anywhere
between 80 to $ I 00 a linear foot to construct. It's a large cost factor. And certainly it shouldn't be the only
consideration.
But I think one of the things that maybe is the compromise here is that if we develop that with a
community facility use -- adjacent to the community facility use, we shouldn't still have to do a buffer and
we certainly shouldn't have a wall. But I guess I understand the thought that if a separate residential
developer moves in there should be some additional bulfering.
But I think that can be determined at the time of site development plan approval for that particular
use. So we are going to need to discuss that and have some discussion with the Planning Commission on
how to treat that internal buffer.
The other buffer deviation that we had was to deviate and not provide a wall on three sides of this
project. We have residential to the north, east and south. And as you can see, on the south side is tile
A viano project. Toll Brothers built a wall along their property line up to their preserve area. And then they
have a large wide preserve that you can see on the south side of our project. We didn't think a wall wa~
necessary.
On the east side we have our preserve, which is at least 30 feet wide at the minimum, and it abuts a
fairly significant flow way before you reach the residential component at Arlington Lakes. We didn't feel
that it wa~ necessary to put in a wall adjacent to our preserve when we had that type of separation between
uses. StafT agreed with those two assessments that a wall was not rcquired there.
And at this point we were debating whether or not a wall is required between the church project and
the Positano Place project to the north. We have offered that we should be providing a landscape buffer
that would include a five-foot high hedge at the time of planting with trees meeting the code requirement,
rather than having to construct a wall of almost 900 feet along that common property line.
Part of our justification was that, onc, we think the landscape buffer can be more attractive to look
at. Two, if you look at our orientation to theirs, we do have a drive aisle near our property line and so does
Positano Place. And if you have been out there, you notice they have a chain-link fence with landscaping.
And so I don't think it is a question of security necessarily, but I think it was one with staff of having a code
that requires where you have a nonresidential use to a residential use the code says you must build a
masonry wall. We don't believe it is necessary to actually do that.
And for the church to expend, as I said, anywhere between $80 to $ 100 a linear foot to construct
that wall, we think we can do a nice landscape butler in lieu of that and that would be a satisfactory buffer.
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With regard to the stafJ report, there are a couple of issues that we had that I wanted to address.
And one was stall's condition that recommends that we would build a tot lot to standards. And I can turn to
that. I don't remember the -- it says on Page 9 of 14 on your staff report, under parks and recreation review,
that we would be responsible for building a commercial-grade playground for two to I2-year-olds. And it
would bc for common use for school kids, parishioner's children, residents and guests. And I couldn't find
any reference when we Googled those to fmd out exactly what those standards are.
The church doesn't currently have a separate school component where they are located. It is not
something they will probably have in their very initial phase of this project once approved.
But I think our question was: Ifwe don't know what that standard is, it is hard for us to agree to
that. I couldn't find a refercncc in the land development code that mandates it.
The church doesn't have an unlimited budget here. They are a church like many others. They rely
on donations to keep them going. So I think what we have discussed internally was if they choose to build
a playground facility for a school component that they have, they get regulatcd by several other state
agencies that do have standards for play facilities, fencing and things like that.
And agreeing that we would mcet whatever those standards are makes sense, but to mandate that we
have to build a tot lot initially for this project didn't make sense to the church. So we hope you can see that.
And if we need to discuss that furthcr, we certainly will.
The other issue that I had was with regard to the permitted use section for our CF/R. It's the tract
that would allow the assisted living and/or residcntial in the rear. If you look at the language that is there on
page -- that is Page 2 of the Exhibit A to the PUD, it lists the permitted uses for the community facility
residential tract and then it also lists accessory uses to that tract.
And part of the initial phase for the church that they would like to use the rear parcel for would be
some water management. They would like the opportunity to have potentially some overflow parking and
they might evcn like to have that service some very limited recreational opportunities for themselves.
[ know we have the Florida Power and Light easement, but that is going to take us an additional
permit to go forward and get some water management there and even put some parking there. So there
would be an opportunity for us to utilizc our own property where they currently have the two single-family
homes as almost an interim type use. So I would propose -- I have got some language that I have proposed
where we would make those types of uses permitted as long as they were acccssory to the church related
use on the other parcel.
If I could -- Ray, help mc focus in on that. It's item four on that sheet. I did it as an underline
because it's an addition. And what I did was borrow language from what is in the accessory use section.
And it simply says that we would bc allowed to have parking, water management and recreational
facilities accessory to the church uses on the adjaccnt parcel. I think I'm covered because the residences
already exist there and this could be deemed accessory. But I just would like to be certain that the church
could utilize all of their property for this limited use on the initial phase of the project.
So that would be a change that I'm offering hcre. And again, I can certainly answer any questions
you have about that.
Again, otherwise, I think we're -- we're in agreement with, obviously, staffs recommendation of
approval. We did have those couple of items that are at issue.
I know we have, I think, one registered speaker.
And I don't know if Rich necds to add anything else at this point, but I'm happy to maybe answer
questions that you might have.
CHAIRMAN STRAIN: Okay. Are there any questions?
Mr. Murray.
COMMISSIONER MURRAY: I think Mr. --
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COMMISSIONER WOLFLEY: No, go ahead.
COMMISSIONER MURRAY: Okay. Outdoor recreation. Give us an example or two, if you will.
It's fairly broad what that might be considered. Is that passive or is that active? Is it recreational ball field,
or what?
MR. ARNOLD: Well, I think the way we have described it is if the church wanted to go out there
and have their Easter egg hunt and utilize it for that purpose, they would like that opportunity. If they
wanted to have an unorganized game ofthings related to their Bible school studies that they have where the
kids go out and play in that area.
We're not talking about something that would be a lit, organized manicured ball field or something
of that nature. We're talking about something that's really -- utilizes the land in almost its existing state for
that type of purpose. I mean, I don't know -- in that version I talkcd about unlit play areas on what was an
accessory use. I don't know if I used that phrase there. I can't read that from here without my glasses on.
But I think that's something that we could obviously agree to, that it would be unlit and, if we need
to, put some additional setback restrictions in there. We are fairly far along in planning for this.
We have gone ahead and submitted a site development plan, so I know fairly -- with fairly good
certainty where we would propose to put some of our initial water management. I know where the home is.
I know how big the preserve is. So I think wc can tighten down an area if it means talking about some
minimum setbacks from property line, if that helps get there.
COMMISSIONER MURRAY: How about thc school; how long before the school is to be built?
MR. ARNOLD: I don't have an answer for that. I know that that is something that they have as part
of their mission. Right now their initial plans are going to be to construct the rear building on our master
plan. The second yellow building, if you will. The smaller one.
It would eventually become maybe the school and their family life center, but it would be
constructed initially as thcir sanctuary to hclp reduce some of their costs. And then the primary sanctuary
building closer to Livingston \\ill be sort of their phase two once their fund-raising efforts catch up with
those plans.
COMMISSIONER MURRA Y: Okay. And finally, it's kind ofaChinese menu, oris that a Greek
menu, with the numbers of types of opportunities you want to have. Is there no clear direction as to which
way they want to go?
Are they predisposed to a given approach?
MR. ARNOLD: I'm assuming you're talking about the rear parcel really because --
COMMISSIONER MURRAY: Yes.
MR. ARNOJ D: -- the Iront parcel is pretty straightforward with the church and the school.
The rear parcel is the one where we've got the options. And it's -- as I said before, the original
developer ofPosjtano originally was under contract for that rear parcel and wanted to continue the
development scheme that they had to the north into this project. Of course, with the market as it has been
and the residential market, they have since let their contract lapse and the church is left with that.
They still think that there is an opportunity tor some housing. It wouldn't be related necessarily to
Positano, but they do believc that there is still a markct longer term for housing there. But they also have
recognized that there are a lot of people in the market right now looking for this assisted living or thesc
blended community care/retirement community type facilities. So we'd hate to not have those opportunities
should the market turn and we can take advantage of either one of those.
COMMISSIONER MURRAY: Well, I don't want you to put on your soothsayer cap, but I'm trying
to understand whether or not -- because you'rc speaking about a wall, you're speaking about boundaries, et
cetera. Is there a good chance the church will retain that propcrty, or is there a good chance the church will
dispose of that property?
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MR. MURRELL: More than likely, good chance we'll keep it.
COMMISSIONER MURRA Y: In other words, it is open to anything, right? Anything can
happen?
MR. ARNOLD: It is right now. And I think the church has not precluded the opportunity for them
to sell this to another developer.
COMMISSIONER MURRAY: So whomever it is that would buy that would have the burden of
the wall and whatever else is necessary?
MR. ARNOLD: Well, I think not knowing because -- if for somc reason the market doesn't turn or
the church decides that it makes more sense to keep it and utilize the two existing homes back there for their
minister and caretaker type facilities, then to me it makes no sense to require a wall to be constructed
between the person who is there caring lor the church and the church that they are a part of.
COMMISSIONER MURRAY: That's fair.
MR. ARNOLD: I mean, that is fair. I don't know how -- it seems like on the initial phase there
certainly should be no requirement to build a wall when we are going to continue to have the residents there
in that initial phase. So I don't rcally know how to answer that. I don't have a great answer for you, sir,
about how to deal with that.
COMMISSIONER MlJRRA Y: I didn't know that you could give me a great answer. I know we
are in kind of a wild time here in terms of economics. And I understand it's a church with limited assets and
opportunities.
Okay. Thank you.
MR. ARNOLD: Okay.
CHAIRMAN STRAIN: Any other questions from the Planning Commission?
Mr. Schiffer.
COMMISSIONER SCHIFFER: Wayne, on your table -- let me find it. Table B, Exhibit B. Would
you have a problem on the minimum distance betwecn structures to changing that to greater than 20 feet on
both multifamily and the ALF?
MR. ARNOLD: Right now, ifI'm looking at it, it is the minimum distance. It says -- you're saying
on multifamily?
COMMISSIONER SCHIFFER: And the ALF. Trust me, you're doing yourself a fire code favor
there.
MR. ARNOLD: I don't know. We haven't designed those buildings. I don't have a particular issue.
Is there a building code issue that --
COMMISSIONER SCI l!FFER: Well, first of all, you know you're going to be four-story, so you
really have the option of a 13-R sprinkler system, but the areas are kind of small. If you go greater than 20
feet you could count that as your frontage, maybe bring your building -- keep it in the l3-R.
Secondly, whcn you go less than that, the requirements for the rating of the wall and the amount of
openings becomes limited. So trust me, you're doing yourself a big favor.
CHAIRMAN STRAIN: But if it's 15 feet that's left there as a minimum, if their designer wants to
do 20 to save that money or if they decide the extra fjve feet is worth doing the extra treatment, why
couldn't they have that option to do it from a zoning perspective?
I understand your argument from an architect's perspective, but this is a zoning board. And I'm just
wondering why we have to be conccrned about those issues when they have got to make that judgment call
as they go forward and do their design.
COMMISSIONER SCHIFFER: Well, here is what happens, is they -- the designer will look at this
15 feet. He will immediately use the 15 feet. And then the next thing you know, they are in trouble now
with the fire permit. They call me and I come in as the code crusader and try to help them. A lot ofpeople
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16 , 1;;ptemA 4,26
get bit by this particular clause.
Just by putting 20 feet we kind of keep them out of trouble. You're right, we could put 15, we could
put 10 feet. But remember, this is between buildings. Do you really want bedroom windows 15 feet away
from another building anyway'?
So I think it's good planning to be 20 feet apart. Twenty feet is the minimum width that the fire
department will accept going in to to fight a fire, so why would we not?
CHAIRMAN STRAIN: I think what he's asking you to do is do something for your own good. As
far as from a zoning perspective, I'm not sure there is an issue that he's citing from a zoning perspective. It's
a building permit or building issue. If you want to do it, I guess that's your call.
COMMISSIONER SCHIFFER: But Mark, 15 feet for a four-story building I think keeping --
widening that is even good zoning.
CHAIRMAN STRAIN: Well, I would rather you have said that. We are a zoning board. If you've
got an issue too tight for zoning, I don't have a problem with that. But I don't think wc ought to be
regulating zoning based on architectural review that we haven't got to you yet. That's the only thing that I'm
MR. YOV ANOVICH: But don't forget the footnote. The footnote talks about it's 15 feet or
one-half the sum of the heights of the adjacent building.
So if you have got two -- did you say -- yeah, 45-foot buildings that -- next to each other would have
to be one-half the sum of the building. So wc would nevcr get them that close.
Mr. Schiffer, we appreciatc the advice that you have given us, and more than likely we'll lay the site
out that way to reduce costs, but thcre may bc othcr rcasons to live with the 15 feet and absorb the
additional construction-related costs for other reasons. Unless that is a really hot button item from the
Planning Commission --
COMMISSIONER SCHIFFER: We can--
MR. YOV ANOVICH: I could go on for 20 teet.
COMMISSIONER SCHIFFER: I think designing a building that works well with fire codes and
stufflike that is good planning. We don't nced to argue that.
But the problem is that sometimes somebody will plan these buildings. The person who is planning
isn't aware of the other codes. And it is down the code processing trail that the problems occur. But you
can leavc it.
That's it. Thanks.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. You had said that it is ALF and/or residential. Show me
where it says and/or anywhere here'?
I see where you have to reduce your density in order to get ALF, but that's not an and/or situation.
Because you can still end up with housing. I understand the square footage, but you don't have those here,
so --
MR. ARNOLD: Well, in our list of permitted uses we have multifamily housing, we have
townhomes and we have assisted living. So we have. And staffinscrted the conversion.
So, I mean, I do think there is a potential you could have both. And that's why I said and/or. Only
because I think -- maybe it's a small component. Maybe you have one multifamily building and then you
decide that you're going to havc an assisted living. But stafTinserted that conversion for that -- for that
potential where you would, I think, have both or the potential for both.
COMMISSIONER CARON: So you want the potential on that back parcel to both put an ALF
facility and housing?
MR. ARNOLD: Yes. And I say and/or because it could very casily be one or the other. Or I could
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see there being a blended. Even with a CCRC you have a component --
COMMISSIONER CARON: What size is that area back there?
MR. ARNOLD: It is about three and a half, four acres, I believe.
COMMISSIONER CARON: Back there?
MR. ARNOLD: That tract, uh-huh.
COMMISSIONER CARON: All right. 'There are no square footage limits to thc church. Usually
we see, you know, whatever, 1,000 seats and 25,000 square feet, whatever. There are no limits.
MR. ARNOLD: No Jimits in terms of the square footage of those buildings?
COMMISSIONER CARON: Of the buildings.
MR. ARNOLD: Right. Well, the traflic analysis that is prepared, they back into a number for
square footage, as I understand it. And Reed can address that, if you want.
But, you know, from the church's perspective, they measure what they need based on the numbcr of
attendees that the church -- they are going to havc.
I mean, I guess I've got enough infornlation -- if you give me some moments, I think I could come
up with a number of what I think our maximum square footage is related to the church. It is just --
COMMISSIONER CARON: I would like to know that number.
MR. ARNOLD: Okay.
COMMISSIONER CARON: Back to the site that you had up before. I think we had a picture -- an
actual photo up earlicr than that. It is not -- it is just a wider view. That's good.
Any of the landscape buffers surrounding this, are they all standard code? Do any of them exceed
code?
MR. ARNOLD: Well, I think the -- I'm going to say the Positano Place buffer probably meets code
for the most part. It does get a little bit wider in places, so I would say that it exceeds codc.
The Toll Brothers project to the south, A viano, it has a wall with landscaping. I think it probably
exceeded code for its project because it abutted agricultural.
COMMISSIONER CARON: No, I'm talking about your project.
MR. ARNOLD: Oh, I'm sorry. Our project. Yes, we would meet minimum code requirement for
any of the landscape buffer. And we exceed the buffer, I guess, to our eastern boundary because wc have
the preserve that is at least 30 feet wide there.
COMMISSIONER CARON: But not landscape bufTer.
MR. ARNOLD: Well, the landscape buffer would be a component of the preservation area. In that
area where Ray is highlighting.
COMMISSIONER CARON: So there -- there is no advantage. We are just going to do minimums
there.
And the -- the tot lot issue -- actually, before we go on, what is the number of feet that you actually
are -- on your project through to the south here, through the FPL easement to -- what is thc one to your
south?
MR. ARNOLD: Aviano.
COMMISSIONER CARON: Aviano.
MR. ARNOLD: The FPL easemcnt is about 170 feet and then --
MR. YOV ANOVICH: 30.
MR. ARNOLD: 200 feet total.
COMMISSIONER CARON: What about to thc back here when you go through your preserve at its
narrowest here?
MR. ARNOLD: The narrowest part of the preserve is 30 feet.
COMMJSSIONER CARON: And then how wide is that flow way before you get the homes?
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septeAr 4, :(0)8
MR. ARNOLD: The now way is at least -- a little over 100 feet wide at its minimum.
COMMISSIONER CARON: Okay. And the distance to your north?
MR. ARNOLD: Again, the narrowest part of that preserve is more than 30 feet in that location. We
can -- let me put on my eycs here. I have that dimension.
I believe that it's at least 50 feet at its narrowest location and it's about 100 on the widest part near
the northeastern portion of the site.
COMMISSIONER CARON: On your tot lot issue.
MR. ARNOLD: Uh-huh.
COMMISSIONER CARON: While there may not be specific standards, we have had a great deal
of discussion about when it is appropriate to request tot lots and make those stipulations ofPUDs. Certainly
anywhere where there is an elementary school and below certainly seems to be an appropriate request for
this development.
Also, if you end up doing multifamily in there, that would also be appropriate. If you end up with
an ALF facility in there, you probably don't need it for that. But if you have the school, you will still need it
for your school functions. It just seems more than just logical.
That's all I have for right this minute.
CHAIRMAN STRAIN: Anybody else have questions?
Mr. Wolfley and then Mr. Murray.
COMMISSIONER WOLFLEY: Yes. First of all, can we go to deviation number two. I think you
have it in a couple diflerent places. It's I I of 14. It is also back on -- I think I need a little visualization.
You're asking -- do you have anything that I can see? I'm trying to figure out why the County didn't
like it. I can understand from the numbers standpoint.
MR. ARNOLD: I don't. I got the imprcssion that staff didn't like it. I mean, Nancy can certainly
answer that better than me for herself. But I got the impression that the staffs position in part was that we
were potentially shortchanging them on the number of canopy trecs.
If that's the issue -- I think the number was 14 in the staffreport. I'm happy to agree that I can plant
14 additional trees. That's not the issue. It really came down to the wall for us.
A wall is, again, a cost factor. I don't know that it's necessary, cspecially at the initial stages of this
project.
COMMISSIONER WOLFLEY: Well, I sort of felt thc same way. I was trying to figure out where
they are coming from. It looked like there was just an awful lot of width there to deal with that and you can
certainly plant some trees.
My real concern -- and I realize this is a zoning board and it is a mixed use PUD, but I just did not
and do not like the idea of the 74-unit -- 74 multifamily dwelling units. I can appreciate the ALF; I think
that is very compatible on the site.
But I just don't -- I just can't imagine for the Ii Ie of me putting in townhomes or apartments in there.
It just -- to me it just doesn't -- I cannot imaginc the neighbors liking this.
This is a nice mixed use PUD. And Ijust personally -- I know it's not a -- it is a personal thing.
don't see where that is even compatible to the site.
That's all I have.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Wayne, tell us about water. Where will the water go that will be
cast off from those buildings -- two community facility buildings?
MR. ARNOLD: Okay. We have got a drainage plan that has been prepared with the site
development plan. And what we would be doing is collecting the water through -- typical that you would
through a series of either pipes or some swales.
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And it would be discharged into a series of dry detention areas that are going to be developed under
the Florida Power and Light easement. Pretty typical how we would treat that.
That water ultimately then stages and discharges out at near our southeast corner of the site into the
flow way. That's my understanding. That's what we are proposing to do.
COMMISSIONER MURRAY: And if you were to build those in the CF/R area, the rcsidential
area, if you were to build any units over there, do you not -- are you not required to have some kind of water
feature?
MR. ARNOLD: We would. And they would have to be probably either -- either our initial design
for where we want to put some of the water management, we'd have to try to figurc out so that we could
accommodate the future. Or, as we have discussed with the church, they need to be in a position potentially
to reclaim that water management area, reshape it to accommodate the ultimate use ofthat site.
COMMISSIONER MURRAY: Yeah. The question -- you answered the first question. Well, you
have a plan with respect to water. Does that plan encompass all of the highest potential uses?
MR. ARNOLD: It would -- the initial plans would allow for us to put some water management on
that CF /R tract to thc rear to accommodate the initial phases of thc church.
When that back parcel develops with something other than the two single-family homes, we would
be in a position to reshape whatever water management we build so that it could satisfY the requirements for
both the church and the other units or the ALF that would be there. There is plenty of space to do it.
COMMISSIONER MURRAY: The genesis of my question is, is that it docsn't look to me that
there would be plenty of space. And I will trust what you say is so, but the arithmetic doesn't scem to lend
itself to it.
There is no other -- I mean, I saw the flow way part of it. I don't see any kind of procedure there to
get rid of excess water. And with the numbers you were talking about, it seemed that -- I think somebody
else mentioned it seemed like an awful lot of density.
MR. ARNOLD: Well, we have -- just keep in mind that the Florida Power and Light easement, it's
pretty common usage in our conununity to put parts of your water management systcm under them. Wc
have done it for other projets. So you have a very long linear system that is 170 feet wide.
COMMISSIONER MURRAY: Are you going to vault it; is that what you're saying?
MR. ARNOLD: No. It would be a small bermed area that would retain water and do the
pretreatment or some continuation.
COMMISSIONER MURRAY: All right. As long as you'rc on record as saying you're covercd.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: So that means that you don't really need to do water management in
preserves.
MR. ARNOLD: In this particular case, I don't think I have any water management in --
COMMISSIONER CARON: Yes, you do.
MR. ARNOLD: -- in terms of it being a permitted use. I'm look at our initial--
COMMISSIONER CARON: On Page 4. Principal uses, prcserve tract, watcr management
facilities.
MR. ARNOLD: Uh-huh.
COMMISSIONER CARON: Maybe you should take that out because you have plenty of places
you just told us to handle your water management.
MR. ARNOLD: Let me, if] could, check on that with our design engineer just to make sure there is
not some need for me to have a structure or something to bring water through or something.
MR. YOV ANOVICH: Outflow.
CHAIRMAN STRAIN: When we get the staff report during that period of time, why don't you
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consult with your water management guy and find out. Generally you have outflow structures or something
like that.
MR. ARNOLD: Right. It's not atypical to think that we would need it. It's pretty common
language. These are largely pines. You know, Ms. Caron, I don't think we're proposing specifically to use
this as water management, but I can't say at this second that I wouldn't need a control structure of some sort.
So I can check on that and get you an answer.
CHAIRMAN STRAIN: Any area taken up by those aren't counted as preserves either, aren't they?
MR. ARNOLD: That's correct.
CHAIRMAN STRAIN: Okay. Any other questions?
Mr. Kolflat.
COMMISSIONER CARON: I should say treated, as well, if that's going to be the case.
COMMISSIONER KOLFLAT: On Page 5 of your report you indicate -- it is under Exhibit B,
development standards. For the multifamily and the ALF wherc you have -- it would be 50 feet zoned
height, 55 actual height. And over on table two you have zoned height 50 feet and actual height 60 feet for
the community facility.
Why the difJerence in one case, five feet, between the zone and thc actual and the other 10 feet?
MR. ARNOLD: Principally because the church roofline is steeper than it would be for a typical
multifamily type structure.
COMMISSIONER KOLFLA T: There's no way to make them all the same, the 50 feet?
MR. ARNOLD: I think the initial designs that the church has looked at has a top height without the
spire somewhere around 58 feet as their actual height that they are looking at on an architectural elevation
for the site. And I can show you what they're potcntially looking at, if you're interested.
This is just a preliminary sketch of the structure. And you can see that the roofline on the structure
like that for the sanctuary type building is different than you would typically find on an assisted living or a
multifamily. Those roofs tend to be more flat. Thcsc would typically be more pitched.
COMMISSIONER KOLFLAT: I can see that.
On Page 6 of your presentation you have O-foot minimum side yard setbacks on eithcr or both sides.
MR. ARNOLD: Right. That is applicable to the townhome use. And that's so you could have
attached townhomes because they are on individual lots. So you might have a middle unit that has zero
setback, but then each building would have to be separatcd by 12 feet.
COMMISSIONER KOLFLAT: Wcll, I thought one side would bc morc than zero. Only one side
would be zero and the other side would be wider.
MR. ARNOLD: Maybe I -- the language could probably be improved, but I think the intent was I
may actually have two sides of a townhome building that are on a common lot line because they will have a
unit on either side of them. That's how it was intended.
COMMISSIONER KOLFLA T: Well, the way it is written --look under general up there. It refers
to all structures between any structure, which would include acccssory structures as well as principal
structures. And then on item one there it says O-foot and then on the side yard setback on either or both
sides. And what confused me is the possibility that you might have zero on both sides.
MR. ARNOLD: Well, I would if] was the middle unit in a threc-unit building. Because each unit
in a townhome is sold as a fee simple land interest. So I have a platted lot below the building.
So I would have to have a O-foot setback to have an attached building in that instance. That's why
it's only for the townhome use, because of the way they are actually sold.
COMMISSIONER KOLFLAT: Now, to meet your parking requirements, as I understand it, you're
using the point that they aren't consistent at the same time. In other words, the church parking use could bc
applied to other facilities there; is that correct?
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1611.... fi
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MR. ARNOLD: For the school use only. Beeause if we operated a pre-K or an elementary school
on a weekday, in the mornings the church functions are not ongoing. The seating -- the parking for a
I ,OOO-seat church is fairly significant. We are limiting ourselves to 150 students. We don't have the
parking needs that would create a problem for any other accessory related uses to the church.
COMMISSIONER KOLFLA T: What if the operators change thcir scheduling so no longer is there
that void in the church parking that could be used by thc others concurrent?
MR. ARNOLD: Well, I think that would only be an issue if that school function were to occur on
Sunday. But I don't believe that if they are going to operate a traditional preschool and elementary school
that they will be having school functions on Sundays.
COMMISSIONER KOLFLA T: But as of right now, it does leave it open to readjustment.
MR. ARNOLD: That I think is true. I think it was -- the church would be the operator.
Let's keep in mind the school can only be there as an accessory to the church. The school can't be
there as a standalone use. I can't sell this to some other private school or charter school. They have to be an
accessory to the church function. That was one of the restrictions that we imposed on ourselves so that--
because we didn't want it to be a freestanding school site and didn't want to imply that it could be.
COMMISSIONER KOLFLAT: Thank you.
CHAIRMAN STRAIN: Any other questions of the applicant?
(No response.)
CHAIRMAN STRAIN: Wayne, before the meeting started today I ran into a gentleman in the hall
from the project to the north. And he said something to me that I need you to verifY. And I certainly will
ask staff and a representative of that project to the north when they come up here to do the same thing.
He indicated to me that at the neighborhood information meeting all the uses that you're now asking
for were not, more or less, relayed to thc people there. Can you verify that all the uses that you're asking for
today were actually mentioned at the neighborhood informational meeting?
MR. ARNOLD: I'm pretty certain they were. There were only two residents, to my recollection, at
the neighborhood meeting. A lot of the discussion we had was infi)rmal, but I know we discussed with
them the opportunity that we would have assisted living. We talked about preschool uses, school uses.
Keep in mind, too, at that time we were advertising this as up to a 300 student school. We have
reduced that down to 150 students. I think we are covered. I don't know specifically what use that we --
CHAIRMAN STRAIN: Seventy-four multifamily. And it's not in the neighborhood--
MR. YOV ANOVICH: We discussed that.
MR. ARNOLD: That was specifically discussed, yes. We even had a plan, I believe, that showed
them that had multifamily buildings on that site.
CHAIRMAN STRAIN: Okay. I will ask verification, of course, from staff: but I wanted to hear
what you had to say about it.
On your mix of76 or 74 dwelling units and 200 ACLF, do you need both?
I mean, if you do one, why don't you drop the other or vice versa? If you do the single-family, why
would you need the ACLF? If you do the ACLF, why would you need the single-family?
It gets into a lot of units and a mix that I don't know why it's compatible, especially if you have
different sized buildings.
MR. ARNOLD: You're saying that if we do--
CHAIRMAN STRAIN: If you do thc ACLF, you don't need the single-family. If you do the
single-family, you don't need the ACLF.
MR. ARNOLD: Well, I think the way that I see it, the single-family, there are two homes there. I
think you're familiar with the site.
CHAIRMAN STRAIN: Yeah, I'm very familiar with the site.
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MR. ARNOLD: I think that the intent would be that they remain at least initially. I think in the
event that the tract were sold and another developer comes in, I agree with you that the single-family
probably do go away in that scenario.
CHAIRMAN STRAIN: Okay.
MR. ARNOLD: Or was your question multifamily? I'm sorry, maybe I misunderstood.
CHAIRMAN STRAIN: Well, it's the 74 multifamily. I know the single-family are there now. I
actually built one of them.
MR. ARNOLD: Maybe you can give us a few minutes to talk about that, because I don't think that
is something that we've contemplated doing one or the other or, at least, giving up one.
Or is your request that if you initiate one, then the other one doesn't follow?
CHAIRMAN STRAIN: Well, if you do -- if you decide to do single multifamily, that's onc thing.
But don't do 50 multifamily and do a small ACLF. That would be difficult to --
MR. ARNOLD: I see what you're saying.
CHAIRMAN STRAIN: For compatibility.
But if you're going to do the ACLF, you're better off doing a larger one. Why would you want to do
the single-family? How would they fit in?
I'm not sure that you need to have that kind of flexibility.
MR. ARNOLD: If you can give us a few moments before you make a recommendation so we can
discuss that amongst ourselves, I would appreciate that.
CHAIRMAN STRAIN: As far as the playground goes, Ms. Caron's points were well taken. If you
do provide a school and it does not have recreational facilities, then [ think a playground should bc
provided. If you provide the multifamily and it doesn't have recreational facilities or recreational center,
then I think a playground is necessary.
But other than that, I don't know why it would be, unless you're going to be -- did they offer you an
impact fce credit?
MR. ARNOLD: Not that I'm aware of.
CHAIRMAN STRAIN: Did they tell you that it's going to be included in the AUIR so the
taxpayers don't pay twice for it? Probably not, huh?
MR. ARNOLD: No, I don't believe we have had that conversation.
CHAIRMAN STRAIN: I just want to verify for the record that there's not a lot of benefit coming
out of it, except for an exaction.
As far as the wall goes that you've got, you're challenging one of the wall criteria; that's the one
between the two uses?
MR. ARNOLD: Actually, the deviation applies to both our northern boundary and the tract
boundary, internal tract boundary, and the northern boundary against Positano Place.
CHAIRMAN STRAIN: And I think the problem lies is if you do the rear project in a facility that is
owned and consistent with the front project, you don't see the need for the wall. So maybe we just put a
trigger in there that if the rear project is sold offto a third-party user or to some use that is not related to the
church facility directly, then maybe that is when the wall becomes a criteria. But you need to explain that
language as a solution.
MR. ARNOLD: Okay.
CHAIRMAN STRAIN: Along the north side you have an area that you'rc pretty close to Positano,
or however you pronounce that, along the church in front. When you get to the area in the back, you have a
preserve that starts out narrow and gets wider.
Originally along the front where it's narrower I would think that it would bc wise to have a wall
there. But you're telling me there is a chain-link fence there with a landscaping buffer already existing?
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MR. ARNOLD: That's correct.
CHAIRMAN STRAIN: What happens when it gets towards the rear; does that still continue down
past that preserve area?
MR. ARNOLD: I believe -- the gentleman who is here can answer. But I believe it does continue
on their side. They have a chain-link fence and landscape their entire -- the entire length of the project.
CHAIRMAN STRAIN: It wouldn't do much good to have two side by side.
MR. ARNOLD: Well, I think the wall requirement at that point --I think staff agreed with us that
adjacent to the preserve it wouldn't be required. I think -- I took the way the condition was written that they
wanted it adjacent to our northern community facility tract.
CHAIRMAN STRAIN: Do you have any problem with removing that interconnection? I don't
think you do, but I want to make sure.
MR. ARNOLD: We certainly don't. I know that the County had requested that and we put it on our
plan because we do that on many of them.
CHAIRMAN STRAIN: I certainly want to hear the County's thought process on why that's needed,
because it doesn't make a lot of sense in that location.
But as far as the language you want to change by adding the outdoor recreation area, you have a
number six under accessory uses. Now, you were going to move one to a principal use. I understand why
you want to do that.
But as an accessory use you have more intense wording of the same thing. Numbcr six, outdoor
recreation facilities, such as swimming pools, tennis courts, unlighted play Gelds, playgrounds and similar
facilities.
MR. ARNOLD: Right.
CHAIRMAN STRAIN: Now, that wouldn't be a standalone because it has something to do with the
church in front. But basically that entire parcel in the back would be used for rccreational facilities for
patrons of the church?
MR. ARNOLD: Well, the way I drafted the language, I said: Parking, water management and
outdoor recreational uses accessory to the church/school uses pcrmitted on the CF tract.
CHAIRMAN STRAIN: Are you moving number six into -- out of accessory to principal?
MR. ARNOLD: No. I modified that slightly. And I did that because I thought I was
de-intensifYing what we were asking to do there as an accessory to the church. And maybe I'm not making
myself clear.
But I took out the uses like swimming pools and tennis courts because if I did go and do the assisted
living on that tract, I definitely want those accessory uses. But initially we would like to be able to utilize
that portion that is going to be controlled by the church lor these limited accessory type uses to the church.
CHAIRMAN STRAIN: So the language you were proposing is in lieu of number six, not number
two.
MR. YOV ANOVICH: It's in addition to number six. Number six would apply if we did a
multifamily or some other type of development on the property. Then those accessory uses would be
accessory to a multifamily or an assisted living or a CCRC or an independent living facility. And then the
new language would apply to the church or school.
MR. ARNOLD: I think I just got what you were saying, Mr. Strain. I think -- I think I just got what
you were saymg.
Number two on our list right now says church/school related facilities, such as parking and outdoor
recreation.
CHAIRMAN STRAIN: When we met, that's the one we talked about. That's why I'm confused
with what you're trying to do.
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MR. ARNOLD: Right. I think we would strike that and move that to the language we offered as
the a permitted use on that tract.
CHAIRMAN STRAIN: So number two becomes what you offered on principal use, is that right,
with the new language and number two gets struck?
MR. ARNOLD: Correct. Yes.
CHAIRMAN STRAIN: That's what you're suggesting?
MR. ARNOLD: I think that's exactly right.
CHAIRMAN STRAIN: But now you're saying that number six applies only if it's multifamily?
MR. ARNOLD: Or assisted living in that case.
CHAIRMAN STRAIN: Well, then that cleanup needs to be added to that paragraph.
MR. ARNOLD: So we would insert some clarifYing language with number six for ALF, CCRC or
CHAIRMAN STRAIN: Well, actually it has to go in one of the principal uses.
MR. ARNOLD: Right.
CHAIRMAN STRAIN: I guess it would be -- you would leave it then.
MR. ARNOLD: Okay.
CHAIRMAN STRAIN: I just don't want it to be standalone with the intensity of number six. But I
understand your language has changed number two.
MR. ARNOLD: Okay.
CHAIRMAN STRAIN: How do you think in nwnber two -- now that is number 3-A, how do you
think that language is better by your reference to plainly outdoor recreational?
I mean, if I were to ask a developer what he thinks is outdoor recreational, he could come in with a
soccer field with light all night long. You're saying you're not going to have lights.
But still, where is the limitations that you can't go beyond what you have insinuated to us would be
more of a less intense nature? How would you propose to fix that?
MR. ARNOLD: Well, I think we could easily commit to no lighted facilities. I think that's a start.
And I don't know if you're going to take anothcr brcak, but maybe we could work on some language to
clarifY.
Are you headed in the direction on that, Mr. Strain, things like that, like the lighting aspect?
CHAIRMAN STRAIN: Well, here is the --I'm more concerned with the noise generated from this
project that wasn't anticipated for the neighborhood that is there.
MR. ARNOLD: Okay.
CHAIRMAN STRAIN: That was going to a residential tract. You admitted that. You said
whatever that place is to the north was going to build there, as well.
Those people up there didn't expect a ball field, people screaming and yelling and rooting for their
teams or whatever. I want to make sure you don't do that. That's what I'm concerned about.
MR. ARNOLD: Okay. And I don't believe that's our intent.
CHAIRMAN STRAIN: Well, I heard you say that. Now Ijust need to figure out how you put it in
words.
MR. ARNOLD: Okay. And I do, too.
CHAIRMAN STRAIN: And that's the -- the questions I have at this time.
Anybody else have any further questions?
(No response.)
CHAIRMAN STRAIN: I think we have -- the applicant is going to have to come back with some
language here before we are over with it.
Wayne, if you have nothing else to add, then while you're working on that we'll get a stall'report
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and then public comment.
Ms. Caron, go ahead.
COMMISSIONER CARON: A comment on Page 11 where it says: List of developer
commitments. I'm not sure that number 2-A is actually a developer commitment. I think it is just an
explanation of how you're going to get to your acreage.
MR. ARNOLD: Right.
COMMISSIONER CARON: So I'm not sure that it actually belongs there. It may belong
somewhere else in the PUD, but it is --
MR. ARNOLD: I sce Ms. Mason here.
COMMISSIONER CARON: The County gets nothing from you.
MR. ARNOLD: I agree with you. I don't think it's a commitment, other than the last sentence,
which says we have to provide a minimum of .818 acres of preserves.
CHAIRMAN STRAIN: Maybe that's all--
COMMISSIONER CARON: I think maybe that's all you really need.
CHAIRMAN STRAIN: If the rest of it has already been -- I mean, if your bottom line is that last
sentence, why don't you just leave the last sentcnce?
Before you leave, I just thought of one other thing I didn't see in the packet, but I saw that you put
on the screen. That is that elevation.
Put that back thcre for a minute.
MR. ARNOLD: Let me locate it in my stack and I will be happy to. I know it's here. Give me a
second.
MR. YOV ANOVICH: I didn't take it, did I?
MR. ARNOLD: I don't think you did. I shuffled it back in my paperwork.
CHAIRMAN STRAIN: This is a question for Richard because he's good at these things.
Richard, where would you -- how would you measure the actual height on that building?
MR. YOV ANOVICH: I'm not allowed to use those words.
CIIAIRMAN STRAIN: I want to know. I want to know where you think tippy top is, because
that's how actual height is.
MR. ARNOLD: Can I ofTer -- I have another drawing. This isn't exactly. This is a cutaway.
CHAIRMAN STRAIN: Right.
MR. ARNOLD: But I have penciled in the hcights because I reduced that from one of the
architectural -- I reduced that from one of the architectural drawings. And I can actually--
CHAIRMAN STRAIN: So your actual is 71 feet.
MR. ARNOLD: Well, the top of the spirc--
CHAIRMAN STRAIN: That's the tippy top referring to -- the reason the actual came across. So if
you're at the top of the spire, you're looking at a higher elevation than you're asking for in your table two.
MR. ARNOLD: My rcading of the exclusions from heights are that spires and cupolas are
excluded.
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: No, not for actual. That's the problem. I wanted to make sure you
understood that.
COMMISSIONER SCHIFFER: And also they're showing it's at the grade at the building, when
essentially it's the average of the road out front, so --
MR. ARNOLD: But I don't think that's an issue necessarily.
COMMISSIONER SCHIFFER: It may be lower, it may be higher.
MR. ARNOLD: The road could bc slightly lower than our finished grade here.
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Septemberl, 2006
COMMISSIONER SCHIFFER: To make it worse, it could be higher, which could make --
MR. ARNOLD: I think when you look at that -- and maybe we do need to clarifY our table thcn. I
think that --
CHAIRMAN STRAIN: Yes, you do.
MR. ARNOLD: The way we were reading that is that that decorative cupola and spire would not be
included.
CHAIRMAN STRAIN: Well, I thought the exclusions from the height applied when you were
measuring zoncd height. And the reason we came in with actual height -- and we have this conversation
quite frequently.
And the reason we came in with actual a couple of years ago is people weren't -- it's truth in lending.
If your building looks 170 feet high, then that's wherc you're going to measure to. That's not the zoned
height, but that's the actual height.
In this case this -- the question is relevant in regards to the top of that spire. And if you have that as
an issue and you can't resolve it in regards to -- you can't find a better definition or stafftelling me it's -- my
thoughts or our thoughts on this is wrong, that's fine. I need someone to clarify it, though. Becausc I don't
want you surprised when you come in and having this whole thing unravel.
Ray.
MR. BELLOWS: For the record, Ray Bellows.
The land development code indicates building actual height of the vertical distance ffom the average
center line elevation of the adjacent roadways to the highest structure or appurtenances.
CHAIRMAN STRAIN: I hate that word, too.
MR. BELLOWS: Without the exclusions of Section 4.02.01, which is--
CHAIRMAN STRAIN: Without the exclusion.
MR. BELLOWS: Without.
CHAIRMAN STRAIN: Okay. So it would go to the top of that spire.
MR. BELLOWS: The tippy top.
COMMISSIONER SCHIFFER: And Mark, the definition of zoned height excludes -- it allows
those exclusions. So this one is without those exclusions.
CHAIRMAN STRAIN: You've got a height issue, guys, if you're going to try to do what you've got
on the screen.
COMMISSIONER WOLFLEY: Rich has a height issuc.
MR. YOV ANOVICH: Can we just simply say we get actual -- we can add howevcr many feet that
is for the cupola and we'll tell you what that is?
CHAIRMAN STRAIN: Before the meeting is over, I want to hear what it is.
MR. YOV ANOVICH: Wc had always read that a little differently, but we appreciate --
CHAIRMAN STRAIN: You invcnted -- you are the person that brought all of this about.
MR. YOV ANOVICH: I invented the term tippy top.
CHAIRMAN STRAIN: Well, I don't know how you define--
MR. YOV ANOVICH: I didn't come up with the word appurtenances.
MR. BELLOWS: Can he pronounce it?
CHAIRMAN STRAIN: With that said, there's no other questions of the applicant. Let's move to
the staff report.
COMMISSIONER SCHIFFER: If they are going to change that to mention -- the intent is the
average of the road. Because thc intent is what do the citizens in the road have to deal with. I would get
that number, too.
Before we're done here today, they will have to provide a number in order for us to vote on it.
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CHAIRMAN STRAIN: Mr. Midney, thank you, sir. Have a good night and safe drive.
COMMISSIONER MIDNEY: Au revoir.
(Commissioner Midney left the boardroom.)
CHAIRMAN STRAIN: I don't know Spanish, sir. Thank you.
MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach, Principal Planner with
the Department of Zoning and Land Development Review.
And this petition, the Naples Church of Christ, is consistent with the Growth Management Plan, and
staff is recommending approval.
I would like to share a little information with you today about our recommendations. And our first
recommendation was regarding the playground equipment. The parks and recreational department has
simply recommended that it meets a certain standard, which is CPSC and ASTM standard.
It's not saying how big it needs to be, what it needs to be. It's just a standard of quality. In other
words, we don't want a Home Depot play-set.
And the second deviation which we havc recommended denial of is regarding the landscape buffer
between the community facility site and the community facility/residential site. The rear site. And should --
the applicant is providing 25 feet. That is the minimum code requirement, not 30. It is 25.
And a wall is not required should thc rear site be dcvcloped as community facility, just to let you
know that.
CHAIRMAN STRAIN: Before you go past that, if the wall -- ifthe rear is put in with multifamily
and the front is church, is the wall required?
MS. GUNDLACH: A wall is required in that scenario.
CHAIRMAN STRAIN: Okay. Thank you.
MS. GUNDLACH: And the particular deviation simply rcsults in 14 less trees. The applicant has
stated that he is willing to provide the 14 trees. So my recommcndation is that that particular deviation
number two bc denied.
And then the third deviation, which is regarding the walls throughout the site. As I previously
stated, it wouldn't be required between the two tracts if thc rear tract is developed as CF.
I did conduct a site visit out to the Naples Church of Christ. r drove on to the Balmoral site, which
is the site that is to the south of this particular petition. And there is a wall that exists -- we don't have our
graphic. I can probably work ofT of our aerial that's provided in thc staff.
If you look at the acrial and you see the sites that are located closest to the Naples Church of Christ
petition --
CHAIRMAN STRAIN: We want to get the nice picture that Wayne had. Where did he go?
MR. YOV ANOVICH: He is drafting language.
MS. GUNDLACH: I think we can see it pretty well here. Do you see where Biscayne Court is?
Those first, I want to say, six or seven houses that are -- thank you, Ray -- that arc closest to the
property line. There is a wall from Livingston Road that runs along those six closest homes to the property
line. Once it starts to curve and the prcserve bccomes larger, there is no wall.
That is the only wall that exists around the Naples Church of Christ. It's one of the things that I
noticed when I was out there. It is pretty easy to sec through to Positano Place.
And, of course, thc reason we rcquire a wall between nonresidential uses, such as the Naples
Church of Christ and residential uses is becausc they are not compatible.
We have a proposal for 1,000 mcmbers. We have a proposal for 150 school children. That can
generate some noise. There is thc issue of car lights at night that can shine into the adjacent residential
properties. So that's why the wall is important in this particular casc.
And the way -- the compromise that we wrote is that if they had existing preserve and it could be
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Septe~r 4, !i18
counted cumulatively between the two properties -- between Positano Place and Balmoral -- along with
what's provided by Naples Church of Christ, and if it has opacity -- 100 percent opacity and is a minimum
of 100 feet wide, then a wall would not be required. Obviously a wall would not be required by code
anyway where there is already an existing wall.
And then back to my -- there is also some language in the PUD document in regards to the
environmental requirements. And Susan Mason is here to clarify that language.
And should you have any questions about transportation issues or more detailed questions about the
playground requirement, we also have a representative here from the parks and rec department.
CHAIRMAN STRAIN: Mr. Vigliotti and then Mr. Wolfley.
COMMISSIONER VIGLIOTTI: I would like to speak to your representative from parks and rec.
MR. SMITH: Yes, sir. For the record, Murdo Smith, parks and rec.
COMMISSIONER VIGLIOTTI: Why are you requesting a playground here when parks and rec
was specifically asked on other issues not to dcmand playground areas?
MR. SMITH: The only recommendation that we had, since it was a -- there was a child care center
and so forth in there, we thought that it would be a good idea or a good recommendation to have a
playground facility in there.
COMMISSIONER VIGLIOTTI: But the way it is worded, you didn't suggest, hey, that is a good
idea. You're tclling them they have to do it.
MR. SMITH: No, sir, we are just recommending. We are recommending --
MR. YOV ANOVICH: You may recommend. It is a requirement.
COMMISSIONER VIGLIOTTI: Right. But what has happened in thc past is you may recommend
it, but it's going to be part of the agreement and they'rc going to have to do it. That's happened in the past,
like Well field and othcr things like that. I don't think it's fair to makc it even a part of it.
CHAIRMAN STRAIN: I think we have suggested that we make the playground contingent on the
uses that are there and if they don't provide them on their own. I think that's what he was previously
suggesting.
COMMISSIONER VIGLIOTTI: Okay.
CHAIRMAN STRAIN: That's what I was going to suggest as a stipulation.
COMMISSIONER VIGLIOTTI: Okay. I'm okay with that.
CHAIRMAN STRAIN: 'Dlat gets us to where I think you're trying to go.
COMMISSIONER VIGLIOTTI: Thank you.
MR. SMITH: I appreciate it.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, Mr. Schiffer.
COMMISSIONER SCHIFFER: On the playground, too, this school is going to be accredited. In
the standards for accreditation there is going to be all kinds of play areas, play equipment. So they arc
going to be governed by the state on what they can do and what they can't do. We don't need to put that
application in there.
I think referring to ASTM standards, that is a huge amount of standards. You may find that the
cheap ones at Home Depot I-ASTM standards and that is not their intent. So I would leave it to the
accreditation to determine the square footage and the type of equipment.
And it's going to be -- I have done schools. And the way they have it laid out, thcy are going to be
surprised to realize they need a lot more playground than what they show alongside that building.
CHAIRMAN STRAIN: Thank you, sir.
Any other questions of the staff at this point?
COMMISSIONER SCHIFFER: Well, just one.
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Se~ember 4, ~08,
CHAIRMAN STRAIN: Mr. Wolflcy, you had a question. I'm sorry.
COMMISSIONER WOLFLEY: Yes. A couple of them. One was -- if] could get a little bit more
understanding of why you denied that deviation two. Was it just simply the numbers, the width?
MS. GUNDLACH: Yes. Deviation two --I'm putting my landscape architect hat on. That pertains
to landscape buffers.
We denied it because basically what it boils down to is that they just simply weren't going to require
-- weren't going to provide 14 trees. And it just sort of seemed like why is it evcn --
COMMISSIONER WOLFLEY: That's why I reasked thc question again. Ijust didn't get that.
Fourteen trees. I mean, okay. So that was the 14 trees.
MS. GUNDLACH: Okay.
COMMISSIONER WOLFLEY: Transportation I have a little question. Is that okay, Mr. Chair?
CHAIRMAN STRAIN: Absolutely. Go ahead.
COMMISSIONER WOLFLEY: You might have heard before I have got sort of a mental issue
about the mixed use PUD with the 74 -- 74 multi-unit building facility. I'm okay with the ACLF or the
ALF.
And I guess my question is: There is a big difference between the trat1ic gencrated from the
townhome to an ALF. Can you comment on that?
MR. GREEN: That's correct. Actually, a townhome and a condominium is going to generate more
traffic than an ALF.
COMMISSIONER WOLFLEY: Right. That wa~ my point.
MR. GREEN: So the trip generation has been donc for the highcr impact use.
COMMISSIONER WOLFLEY: Okay. Got it.
Thank you.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: And this is for Nancy.
Nancy, iryou look at the tract -- and it's actually the orange or red, whatever that is, color. If you
takc the density they arc allowed -- and that is about a 3.6-acre tract they said -- it would be about 21 units
pcr acre. It would be pretty high.
So the only way they are going to get it hopefully is they are going to bc putting parking under the
building. So is the potential here that -- you know, we almost find ourselves in the Moraya Bay again.
They are obviously going to lift the building to get one layer of parking. They could put two.
But to obtain that density, they are able to lift this building, correct, and it is based on that waiver
that is allowed?
MS. GUNDLACH: Ray, you can -- if you can confirm this. I don't know of anything in the LDC
that would prohibit them from doing parking below thc building.
COMMISSIONER SCHIFFER: And it wouldn't count as one of their stories?
MR. BELLOWS: Yeah. The LDC allows for that.
COMMISSIONER SCHIFFER: Okay. You know, the way that's worded is for the zoned height.
How does that affect the actual height now that we're putting actual height requircmcnts that may not be
waiveable through that process?
CHAIRMAN STRAIN: That would be part -- actually, that would have to be included in actual.
MR. YOV ANOVICH: Right.
COMMISSIONER SCHIFFER: No. In other words, the actual is going to stay the same. If they
get the waiver to stick another story in, that docs not afJect the actual that we'rc --
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Wc are going to get in trouble.
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September 4, 2008
CHAIRMAN STRAIN: By the way, I would like to let everybody know it's 11 after 4:00. We are
trying to get out ofhere by 4:30 to accommodate the BCC.
We still have to close this meeting, open another, reschedule the other, and then close it. So I want
to recommend to all of us if we can move forward faster, we need to. Ifnot, we'll have to continue this
meeting until tomorrow, as well, or to another day.
So with that in mind, are there any more questions of staff at this point?
MS. MASON: Excuse me. For the record, Susan Mason, with the Engineering and Environmental
Services Department. There are somc items I need to clarifY in the wording of the document.
On Page 4 under preserve tract principal uses, the reviewer had bccn rcquesting the redundant
language to be removed from this portion, along with some other sections. And if it is to remain, they do --
there are a couple of changes that would be needed.
First of all, it would need to include standard kind of comment that we put if they want to put other
uses in there, that those uses cannot decrease the amount of required vegetation below what is their
minimum of .81 acres. And the kind of concern I would have if they did want to put in nature trails,
boardwalks, shelters, or any of these other things that on their master plan they are showing the bare
minimum required prescrve. So it would bc kind of hard to do both with this construction.
And as far as number three goes, with any -- and related open space activity, those words would
need to be removed because open space is dcfined in the LDC and it includes things such as atriums,
courtyards, lawns, a lot of other uses that wouldn't be compatible with a preservc. So we would ask for that
change if those are to be -- if they are to remain in the PUD documcnt at all.
And earlier it was discussed on Page II under 2-A to remove everything except for the last sentence
that described the amount of the preservation area to be required. And staff has no problem with removing
that whole introductory paragraph. It's not really necessary.
If you have any other questions lor me.
CHAIRMAN STRAIN: No, I don't have any questions.
Anybody clse?
(No responsc.)
CHAIRMAN STRAIN: Any questions of staff?
If not -- Mike, you have something you want to say?
MR. GREEN: I do. Mike Green, Transportation. I would like to address the interconnections real
quick.
I heard it mentioned earlier that you may suggest the removal of the interconnection north to
Positano. I would like that to be left in, if at all possible. Because Positano -- we don't know that that's
always going to be exactly as it sits. And if they come in for an amendment or it changes ownership or the
use changes, I would like the opportunity in the future to get the interconnection made.
CHAIRMAN STRAIN: But if the people in Positano don't want thc interconnection and thcy don't
feel a need for it, why do we want to make them have it? It hurts the security of their facility. Why does it
need it?
MR. GREEN: We don't make them have it. All we are doing is securing the possibility of having it
in the future. We don't actually physically put the connection in. It just stays as a condition of this
particular use. So that if they change use, then we make that a requirement of their future use and we have
the north and south connection.
CHAIRMAN STRAIN: Why are we treating this projcct different than others in the County that we
don't require the sanlC thing?
MR. GREEN: We are not.
CHAIRMAN STRAIN: We are not what?
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16 Jep17:er 4A08 6
MR. GREEN: We are not treating them differently.
CHAIRMAN STRAIN: Then why does this -- why the building we sit in, why can't I drive out of
here tonight and go past the Sheriffs Office and drive out on that Glades Street, or whatever it is, and take a
right or a left? Why is that interconnection shut down?
I mean, this is the County doing something different than what it's telling people they must do.
Why?
MR. GREEN: I can't answer that.
CHAIRMAN STRAIN: Wcll, okay. I'm not -- I'm trying to understand the fairness of the way
things are operating. I don't see the fairness there.
Okay. Thank you, sir.
COMMISSIONER MURRAY: Mr. Chairman, though, if I am not mistaken, they have taken that
position before and we have agreed with it.
CHAIRMAN STRAIN: Well, I don't recall it, Mr. Murray. But, I mean, in some cases where we
have commercial and stuff like that, it may be warranted. But a residential to a potential ACLF for a
balIgame or a church relatcd outdoor recreational facility, I don't see how that will ever be used.
Okay. Any other questions of staff before we go into public speakers?
(No response.)
CHAIRMAN STRAIN: Okay. Ray, could you call public speakers.
MR. BELLOWS: Ycs. We have one speaker, Scott Mello.
MR. MELLO: For the record, Scott Mello, Positano Place property manager. I was asked today to
speak for a Mike Cox, who is the vice-president of our Master Association Board of Po sita no Place.
So we have a few issues just on the multifamily. We are totally for the church and the school and
the playgrounds and the senior living. The one thing is that we are very concerned with another developer
coming in and selling competitive to Positano to where there is still over 100 units there for sale right now.
And that's where everybody is in the foreclosure and bankruptcies and everything else. So we are going to
see another developer come in and try to sell something else in our backyard.
The other thing that we have concerns about is if they were to be just special needs housing or
assisted living houses as 274, rather than ancl/or 200. We would be totally for that. We are just concerned
about the split. If it's going to be one or is it going to be both? And then the traffic is going to get much
worse.
And we are 330 residents in Positano and the traffic gets pretty heavy going down in our
community, as well. And the parking facilities we don't have that much.
There was onc concern with -- with the board was at the neighborhood meeting that they clearly
said it was going to be for assisted living or special needs or helping other people. And they understood
that as maybe it was going to be church related residents such as, you know, people that are affiliated with
the church that would be purchasing ffom the church or lengths ofleases that were subjected by the church
and approved by the church. So they would be approving who is coming in and who is coming out of this
multifamily.
The other concern that wc have is with the school. Our developer is completely out of it and our
homeowners are in complete control of who buys and sells -- who buys units in Positano. There is a
process where they have to go through. There is a screening process. There is a crime background check,
the whole nine yards.
And when you're in the beginning of sclling these units, as a developer we don't believe that there is
that much screening process. So we're concerned with a kindergarten through eighth grade school being
there and a multifamily being in the back with no restrictions where you might have criminals living there,
drug dealers, predators, whatever the case may be, and you're going to have these kids walking around the
Page 1 09
16 11r::berA200rO
property.
And I have kids myself in public school where from kindergarten to the fifth grade you can have
two kids walking to the bathroom by themselves or walking to the office. Now you're going to have a
multifamily facility there and there's not going to be any deputies on staff like there is in public schools.
You're going to have these people walking around the property.
We have it at Positano and we are a gated conm1Unity that is completely fenced around. And we are
constantly catching trespassers coming into our swinuning pools and we're constantly calling the police
about drug deals happening in the back if we have to remove these people from there. So right now they're
basically concerned with that one unit.
The other problem I heard earlier was about the fence there being able to have a landscape barrier,
rather than the wall across the Positano and the whole propcrty. The onc thing that first comes to mind with
me is the safety issue. We have bushes there. We have the chain-link fence.
But actually on the other side just with one residential home and a street that's going down that road
-- just with that green chain-link fence and those bushes, people actually think they can cut across. And
there is going to be a safety issuc there with maybe an eighth grader trying to jump the fence to go
swimming at Positano. Maybe there is going to be kids trying to run across to try to make it back to their
bus after they're walking around. And we don't want the liability of somebody hurting themselves.
So I think we would be in favor of the wall going up against our property. And then for any kind of
special events that the church might have or the assisted living facility might have, we might -- the lights
going through to the property. There is five buildings therc with 22 units in each building that is actually
going to face this site.
The one thing with the inter-loop that I heard discussion on, if they were going to maybe try to bring
them back together, the one thing is we are a gated community. And that would be a -- that would be a
material alteration to Positano, which that would havc to basically go to a membership vote, even if they
wanted to propose that to the membership.
And I can honestly tell you on a material alteration when 85 percent of my homeowners are
investors, sometimes I get 16 proxies. So I think that would be vcry difficult for Positano to actually agree
upon for somebody to come in. And that would basically make us a non-gatcd community where people
spent hundreds of thousands of dollars to live in a gated community and now they are forced to have a
connection to not only a school, but another family property and other arcas of safcty.
But like I said earlier -- and I'd like to thank you for my time. We are definitely in favor of the
assisted living facility and all of the church issues there. Thank you.
CHAIRMAN STRAIN: Thank you.
Is that the last -- only public speaker, Ray?
MR. BELLOWS: Yes.
CHAIRMAN STRAIN: Mr. Schmitt, just as a safety precaution, do we have any time tomorrow
morning we can get into this room; do you know?
I mean, it is 20 after now. We havc got -- I have at least eight, maybe nine stipulations. I'm sure
we're all not going to agree on all of them, so we're going to have to sit here and chew on that for awhile.
And then we're going to have to try to get out of here. And then we still have another meeting we've got to
open and closc.
So rather than wait until 10 minutes to 5:00 and have the BCC upset because we're not out of here, I
would rather accommodate them. Obviously, they're the prime.
COMMISSIONER WOLFLEY: I'm not going to bc herc.
COMMISSIONER MURRAY: Me either.
CHAIRMAN STRAIN: Well, then wc need to find another day. Maybe the rest of us will. We
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1 6 I J::~bA, 20'
need five people at least to attend another day.
COMMISSIONER VIGLIOTTI: I can make tomorrow.
CHAIRMAN STRAIN: We don't even know if tomorrow is open.
MR. SCHMITT: No. I'll have to find out if it's open.
MR. YOV ANOVICH: I have a suggestion.
CHAIRMAN STRAIN: Go ahead.
MR. YOV ANOVICH: Recognizing the time constraints and nobody thought this was going to go
this long, is it possible to do like we did for the Freestate petition?
We'll come back on the 18th. We'll be first up hopefully, work this out. If there are any revisions to
the document, we can make them then, you can review them, to avoid the consent -- a second -- the second
consent agenda.
CHAIRMAN STRAIN: I think that would be a good solution. Is everybody else--
COMMISSIONER VIGLIOTTI: I'm okay with that.
CHAIRMAN STRAIN: As long as nobody minds that the consent agenda be tied into that next
meeting, which means we wouldn't vote on it today. I would read the stipulations. We would do the best
we can to ask the applicant what we are -- as clear as we can.
You guys havc some questions we asked during the meeting that you need to have good answers to,
so that way you could come back with better answers, better language, and it might expedite thc mccting
actually.
MR. YOV ANOVICH: I understand. If we could, we would run by some of that language right
now. You could tell us if we're on track.
CHAIRMAN STRAIN: I think that would be fine. I will read what I have. The rest of the Planning
Commission can certainly -- I know we are not all going to ab'fee with this by some of the comments I
heard.
Number one is the playground requirement would be removed.
Number two, you would have either 200 ACLF or 74 multifamily, but not a mix of both.
MR. YOV ANOVICH: We're fine with that.
CHAIRMAN STRAIN: Honestly, based on what I heard from -- again, whatever that place is to
the north -- do you really need the multifamily?
MR. YOV ANOVICH: You know, this is not today. It's the future, too. Who knows, you know,
what's going to be there three years from now?
CHAIRMAN STRAIN: Well, that highlights his point. That could be sold to a multifamily
developer who isn't as concerned about how his neighborhood treats other neighborhoods. And whatever
he can get away with, this PUD will let him get away with.
So we want to make sure there's -- wc havc to tighten it up more if there's going to be multifamily
there with the potential of issuing it to someonc else.
MR. YOV ANOVICH: I don't know what we would be getting away with, but--
CHAIRMAN STRAIN: Well, I think the interconnection is one. I don't see the need for the
interconnection.
MR. YOV ANOVICH: I agree.
CHAIRMAN STRAIN: I don't think it's needed by the residents. And that's who we should be
serving. And I don't see where it meets any criteria. That's my thought.
The wall between the community facility and the rear parcel should only be required if the facilities
are not interrelated somehow. We need language to address that.
MR. YOV ANOVICH: Just so you know, I heard what Nancy had to say. But our SDP is in tor
review right now. And one of the comments is -- although we have not identified anything on that back
Page II I
1 qept1~:, 2eA A
tract, we have got to put a wall in right now.
So there is some inconsistency within the County review. That's why we raised the issue of not
having to do the wall.
CHAIRMAN STRAIN: Okay. You need to come back with a list of what you consider the outdoor
recreation facilities that you're talking about as a principal use.
The Exhibit F, 2-A, the last line would be the only one -- only the last sentence would be left. That's
the environmental one.
And then add to Exhibit A in the preserve tract the following language. It would be A.4: Uses
cannot reduce overall required preserve acreage.
And number eight, there would be a -- we were talking about the wall along the north property linc.
The project to the north believe it's needed. I don't know what the Planning Commission's thoughts are on
that. We heard the gentleman speak to us.
I'm not sure we need to waivc it. I certainly think that depending on the use in the rear it's going to
be required.
So what is the -- what is thought of the Planning Commission?
COMMISSIONER CARON: Wcll, they're not increasing their landscaping in any way. We're
getting the minimum of that. I don't see why they should deviate from--
CHAIRMAN STRAIN: Mr. Murray, did you want to comment on that?
COMMISSIONER MURRAY: You have to orient me a little bit, because you said the north. I'm
looking up. North is up, is it not?
CHAIRMAN STRAIN: That's correct.
COMMISSIONER MURRAY: All right. So we're talking about that wall. I would agree that
that's probably desirable. As with respect to the one separating the two properties, I don't think that is
required.
CHAIRMAN STRAIN: Well, I was just the opposite.
COMMISSIONER WOLFLEY: I'm thinking that if we can just lose the multi-unit, that would take
care of a lot, in my opinion, regarding the walls. Because it's not a --
CHAIRMAN STRAIN: I think what we should do is you guys come back with a suggestion on the
wall. We'll chcw on it when you come back.
MR. YOV ANOVICH: I will. Can Ijust see if we're on track on the rec uses?
CHAIRMAN STRAIN: Okay. We also need a clarification on the actual height.
MR. YOV ANOVICH: On the cupola.
CHAIRMAN STRAIN: No. The actual height. The tippy toppy.
MR. YOV ANOVICH: We will. We will. We are going to look at that number and we'll probably
come back to you with 60 feet, plus 12 feet for a cupola/spire. That's what we're thinking about.
If! could read the rec uses real quick to make sure we are on line.
CHAIRMAN STRAIN: Go ahead.
MR. YOV ANOVICH: It says -- the new language that Wayne came up with, it would be parking,
water management and unlighted outdoor recreational uses accessory to the church/school uses permitted
on thc CF tract. No ball fields, courts or other similar outdoor recreational uses may be constructed. No
outdoor recreational uses may occur beyond dusk.
CHAIRMAN STRAIN: It gets us --
MR. YOV ANOVICH: Are we on track?
CHAIRMAN STRAIN: I think you're getting close, but I would like to see the language ahead of
time.
MR. YOV ANOVICH: We will. But the concept is okay?
Page] 12
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~epte~~r 4, 20A
l
CHAIRMAN STRAIN: I would like to ask you to request a continuance until the 18th on the
provision that this isn't going to cost the applicant anything. We don't charge for continuances, do we? We
charge for everything around here.
MR. BELLOWS: We have to.
CHAIRMAN STRAIN: Okay. Mr. Schmitt, how about the Planning Commission?
MR. BELLOWS: If we're within five weeks there won't be a charge.
CHAIRMAN STRAIN: He's coming back on the 18th. Is there any fees associated with his coming
back?
MR. SCHMITT: Not that I'm aware of: other than -- I'm not going to -- hopefully I will not need to
recopy everything in your book. So retain what you have in your book. We'll just hand out the amended--
MR. YOV ANOVICH: We'll hand out the changes and hopefully they are minor enough we can
work through those quickly.
CHAIRMAN STRAIN: I would like you to get the changes to us ahead of time, if you can.
MR. YOV ANOVICH: We will.
CHAIRMAN STRAIN: With that, Mr. Murray, you wanted to make a motion to continue?
COMMISSIONER MURRAY: I make a motion that we continue this untiln
CHAIRMAN STRAIN: 18th. First up on the 18th after the consent agenda on the 18th.
Is there a second?
COMMISSIONER MURRAY: 18th.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER VIGLIOTTI: I'll second.
CHAIRMAN STRAIN: Mr. Vigliotti seconded.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Ayc.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(N 0 response.)
CHAIRMAN STRAIN: Motion carries seven to zero.
Thank you for the accommodation. We're sorry for today. It got a little longer than we anticipated.
Item # 10
OLD BUSINESS
Any old business?
(No response.)
Item #11
Page 113
16'''-rA t..
~tember 4, 20W
NEW BUSINESS
CHAIRMAN STRAIN: Any new business?
MR. SCHMITT: We just need to note that the LDC hearings --
CHAIRMAN STRAIN: I'm going to get there.
MR. SCHMITT: Okay, thanks.
CHAIRMAN STRAIN: Any public comment?
(No response.)
CHAIRMAN STRAIN: Doug, you sat there all day.
MR. FEE: Change the muni-code situation.
Item #14
ADJOURN
CHAIRMAN STRAIN: With that, I need a motion to adjourn and then we have to reopen another
meeting. So please sit still.
COMMISSIONER VIGLIOTTI: So moved.
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: Motion made by Mr. Vigliotti. Seconded by Mr. Wolfley.
All in favor, signify by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER VIGLIOTTI: Ayc.
COMMISSIONER MURRA Y: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No rcsponse.)
CHAIRMAN STRAIN: Motion carries. Okay.
*****
RECONVENE THE PUBLIC HEARING FOR THE LDC AMENDMENT 2008 CYCLE I
Weleome to the Collier County Planning Commission Meeting starting at 4:29 on September 4th as
the continuation of the LDC Cycle I 2008 public hearing for the LDC amendments.
MOTION TO CONTINUE THE PUBLIC HEARING FOR THE LDC AMENDMENT 2008 CYCLE 1
UNTIL SEPTEMBER 18, 2008
COMMISSIONER MURRAY: Move to continue.
CHAIRMAN STRAIN: We need to continue this meeting to--
MS. F ABACHER: September 18th, following the regular meeting.
CHAIRMAN STRAIN: September 18th following the regular meeting, no sooner than -- do wc
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16 tpl~::r 4,18 6
have enough to keep us busy until noon on the 18th, Mr. Schmitt?
MR. SCHMITT: Do we have what?
CHAIRMAN STRAIN: Do we have enough to keep us busy until noon on the 18th?
MR. SCHMITT: I think you're going to have more than enough to keep you busy on the 18th.
That's why I was going to say, you're probably not going to get through much from an LDC perspective on
the 18th as well.
CHAIRMAN STRAIN: That's fine.
MR. SCHMITT: And then that will be continued until the 26th.
CHAIRMAN STRAIN: Okay. There was a motion to continue to the--
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: 18th.
Seconded -- by the way, it will be no sooner than 1:00.
Do we need a time certain?
MR. KLATZKOW: No.
CHAIRMAN STRAIN: Motion to continue on the 18th, seconded by Mr. Wolfley.
Discussion?
(No responsc.)
CHAIRMAN STRAIN: All in favor, signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Ayc.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER WOLFLEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Okay. Wc are out of here, 4:29.
*****
There being no further business for the good of the County, the meeting was adjourned by order of
the Chair at 4:29 p.m.
COLLIER CO~W PLANNING
C ~ttf/~
MAR P. STRAIN, Chairman
These minutes approved by the Board on It> - t(..() C( ,as presented__
correctcd.
/ or as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY
KELLEY MARIE NADOTTI, RPR, FPR.
Page I 15
~-
c
oel ,20u8
16 I l;pterAer ;1,2008
NSCRIPT OF THE MEETING OF THE
CONTRACTOR LICENSING BOAll:Qa ~~
Naples Florida Hala~
, HenOlng I /'
September 17,2008 Coyle ?
Coletta
LET IT BE REMEMBERED, that the Contractor Licensing
Board, in and for the County of Collier, having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in
Building "F" of the Government Complex, East Naples, Florida, with
the following members present:
CHAIRMAN:
Les Dickson
Richard Joslin
Eric Guite'
Lee Horn
Terry Jerulle
Thomas Lykos
Michael Boyd
Glenn Herriman
ALSO PRESENT:
Patrick Neale, Attorney for the CLB
Robert Zachary, Assistant County Attorney
Michael Ossorio, Zoning & Land Development Review
Misc. Com!S:
Page 1
Copies to:
16 !eJ;JbJl17, 7008
CHAIRMAN DICKSON: I'd like to call to order the meeting of
the Collier County Contractor Licensing Board for September 17th,
2008.
Anyone who would like to make an appeal for a decision from
this board needs to have a verbatim record of the proceedings, which
is being taken.
At this time, I'd like to have roll call, starting at my right.
MR. JERULLE: Terry Jerulle.
MR. HERRIMAN: Glenn Herriman.
MR. L YKOS: Tom Lykos.
CHAIRMAN DICKSON: Les Dickson.
MR. JOSLIN: Richard Joslin.
MR. HORN: Lee Horn.
MR. GUITE': Eric Guite'.
CHAIRMAN DICKSON: Any additions or deletions to the
agenda?
Andy? (Sic.)
MR. JOSLIN: Ian.
CHAIRMAN DICKSON: Ian.
MR. JACKSON: For the record--
CHAIRMAN DICKSON: I've got to quit doing that.
MR. JACKSON: -- Ian Jackson, License Compliance Officer for
Collier County.
Staff has an addition in new business, Randy Anderson, to
reinstate a canceled Collier County certificate.
And the other addition would be after the public hearings, Sergio
Gonzalez from Department of Business and Professional Regulation.
And that's all for staff.
CHAIRMAN DICKSON: Is Sergio here? Not yet.
MR. JACKSON: Not yet.
MR. OSSORIO: He's right there. You're looking right at him.
MR. JACKSON: There we go.
Page 2
16~plinbA 17, ~08
CHAIRMAN DICKSON: I have an addition. In discussion,
Chairmanship and Vice-Chairmanship of this board.
Anyone else have any additions or deletions?
(No response.)
CHAIRMAN DICKSON: Entertain a motion to accept the
agenda as amended.
MR. JOSLIN: So moved, Joslin.
MR. QUITE': Second, Quite'.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. HORN: Aye.
MR. QUITE': Aye.
CHAIRMAN DICKSON: Aye.
So done.
Your minutes from last meeting, assuming you've had a chance
to look at them. I need a motion to either amend those or approve
them as written.
(Mr. Boyd enters the boardroom.)
MR. JOSLIN: I'll make a motion that we accept the minutes as
written. I didn't find any real errors in it.
MR. L YKOS: Second, Lykos.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. QUITE': Aye.
Page 3
16 I 1.!"~ 11 7
Septembef't 7, ~08
meeting we elect a new Chair and Vice-Chair, with the leadership
succession, Vice-Chair becomes Chair. Then every December we
would elect a new Vice-Chair.
CHAIRMAN DICKSON: To take effect January 1st--
MR. L YKOS: At the first meeting of the year in January.
And also, that once a Chair -- once a Chair's term ended, that
that Chair could not -- had to take a year off before becoming
Vice-Chair again.
CHAIRMAN DICKSON: And Vice-Chair would automatically
become Chair the succeeding year?
MR. L YKOS: Correct.
MR. JOSLIN: You would always have someone then actually
that would be -- in a sense had the experience or the training or the
knowledge to know how to carry on the procedures with that one year
on the board, or however many years they've been on the board, which
would put them in the Chair, which would make sense.
The only question I have for Mr. Dickson is if he's willing to
continue until January.
CHAIRMAN DICKSON: After 20 years, that's not very long.
MR. JOSLIN: Then the next question is if the board members
want him to continue on the board until January.
No, I'm only kidding. It would be a pleasure.
CHAIRMAN DICKSON: How do you all feel about that?
MR. GUITE': Makes sense to me.
MR. HERRIMAN: Good idea.
MR. HORN: I like it.
CHAIRMAN DICKSON: I think every one of you would be
fantastic as a Chair. And if we do that rotation, then we really have -- I
mean, everybody's just -- I mean, they're cutting edge, instead of -- I
mean, some board members now are getting appointed for life. I don't
want that happening here. But that has happened in other places.
So can we put that in the form of a motion? Did you get that to
Page 5
1 ~J~bJ\ 7,108
where we could? Do you all want to add anything to it?
MR. JERULLE: You know, I'm -- being new to the board, I'm
asking you with your experience, is one year long enough?
CHAIRMAN DICKSON: Yeah, and especially if you go
Vice-Chair first. Because then every one of us can serve as a board
Chair.
And it's not that much to it. You've got these two guys keeping
you out of trouble and these two over here getting you in trouble. I'm
just kidding.
But -- and especially with the Vice-Chair, if you know that the
very next year you're going to be Chairman, you're really kind of on
your tiptoes to make sure you're ready to step in there.
County Commission does this. And I see great continuity
between year after year, you don't really need to know who the
chairman is because they're all good at doing it.
MR. JOSLIN: I think also it would work, Terry, because they --
I mean, there is a possibility that maybe there will be members on the
board that may not want to be Chair.
In that case then when the motions come up to elect or
renominate another Chairman, that he can decline, knowing that he
doesn't want that position. So it leaves a kind of an open door all the
way around.
CHAIRMAN DICKSON: We discussed issues like you might be
Vice-Chair in the last year of your appointment, but that would just
mean that we would try to get you appointed for another term so you
can move into the Chairmanship.
And of course there's going to be people that leave. We've gone
through that in the last year. So periodically we'll be electing new
Vice-Chairs, because they'll move up.
Okay, are we good for a motion on that?
You got it? You got all your high points?
MR. L YKOS: I make a motion that we adopt the leadership
Page 6
ls~tlJI;7, ~08 7
policy that I spelled out earlier, so I don't have to say it again.
MR. JOSLIN: And I'll second the motion.
CHAIRMAN DICKSON: Are we okay with that, Mr. Neale?
MR. NEALE: Uh-huh.
CHAIRMAN DICKSON: Okay. I have a second.
All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: Okay. So I do have three more
months, which I will gladly serve.
Moving on. Mr. Linzer hasn't come in. If he does, we'll go back.
New business. Gregory Brown, are you present?
MS. EGAN: I'm here representing Mr. Brown.
CHAIRMAN DICKSON: Okay. If you would, come up to the
podium, please. I'll have you state your name and have you sworn in,
first.
MS. EGAN: My name is Amanda Egan, E-G-A-N.
(Speakers were duly sworn.)
CHAIRMAN DICKSON: First state, if you would, your
relationship or why you're representing Mr. Brown.
MS. EGAN: I'm the corporate -- I'm the person at the office who
maintains the corporate records and also files for licensing and handles
all the administrative end of the business.
CHAIRMAN DICKSON: Mr. Neale, is that acceptable? I don't
Page 7
l~llr17,'08 7
have the license holder here.
MR. NEALE: Yeah, I mean, we don't have the license holder
here. She's not an attorney. We don't have any Power of Attorney for
her stating that she can represent him.
I mean, we've got her testimony under oath, but I would -- I have
to say I wouldn't feel real comfortable about her being the
representative in a manner such like this where you're deciding
whether to fine someone or whatever.
CHAIRMAN DICKSON: Why wasn't Mr. Brown here today?
MS. EGAN: They elected me to be the one, because I'm the one
who handles all the recordkeeping and I'm the one who took care of
the fixing of the items that were not in compliance.
CHAIRMAN DICKSON: Ifit was my license, I would be here.
MR. JOSLIN: I see the problem where we have a citation here
that we have to act on. And the problem was the contesting ofthe
violation that was given.
And unfortunately we should be looking at the license holder,
not someone who's a representative.
MS. EGAN: I did kind of try yesterday. I was looking on-line. I
searched all the records I could search to find out what an authorized
representative was, and I could not locate that anywhere. I did attempt
to clarifY that I could be the one speaking on his behalf.
CHAIRMAN DICKSON: I move that we strike this from
hearing it and we refuse to hear it. The fine is still due until at such
time as the license holder decides he wants to come before this board.
MR. HORN: Second, Horn.
CHAIRMAN DICKSON: Any discussion?
MR. JOSLIN: One other thing is if we go to the -- just in
reviewing of this little packet sent in to us, there is quite a severe
penalty for people that don't pay this fine within a period of time and
don't -- if they requested a hearing and they're not here, this fine starts
happening daily.
Page 8
Je~elbl f~, 2~8 7
MS. EGAN: We're not -- it's not our intention to put off paying
the fine. I didn't know that I could not be his representative. Because
I'm the record holder -- I'm the corporate record holder.
MR. JOSLIN: Well, unfortunately I look at it as that the actual
license holder is not here. That's what we're looking at.
CHAIRMAN DICKSON: I think you could have made a simple
phone call to answer that question.
MS. EGAN: I spoke to Mr. Ossorio yesterday. I didn't--
CHAIRMAN DICKSON: Did you approve it, Mr. Ossorio?
MR. OSSORIO: Good morning, Mr. Chairman. For the record,
Michael Ossorio, Contractor Licensing Supervisor.
I assumed that he was going to be here. I thought maybe there
would be all parties here. I did not know you would only be by
yourself. So I'm assuming that Mr. Brown was going to be present to
give testimony.
MR. L YKOS: Why wouldn't they both come?
MR. OSSORIO: I can't speak to that.
CHAIRMAN DICKSON: I can't deal with someone who is not a
license holder. This is a licensing board.
The motion remains that the fine is due until such time as the
owner -- the license holder wants to come before this board. There has
been a second. More discussion?
MR. JOSLIN: One other discussion I have. Ifwe go to that same
page, I just realized something here that is red. Maybe it means
something. I'm not sure, Mr. Neale, if you can kind of guide us on this.
It says there clearly, if you or your designated representative
show at an administrative hearing that the citation is invalid or the
violation has been corrected prior to appearing, the board may dismiss
the citation, unless the board finds the violation to be irreparable or
irreversible.
MS. EGAN: And that's what I read, and that's why I'm here
today.
Page 9
1 6 ,~' 11 7
Septem~~ 17,'~008
MR. NEALE: The problem is, we have nothing designating her
other than her testimony as representative.
MR. JOSLIN: Okay, say like a letter from the license holder or
MR. NEALE: A letter from the license holder saying I hereby
appoint her as my designated representative.
MR. JOSLIN: Okay, just so we don't miss anything in the
reading.
CHAIRMAN DICKSON: That's a good point. Thank you.
Mr. Guite'?
MR. GUITE': That was my point.
MR. OSSORIO: Mr. Dickson, just for the record, the county
would somewhat object to this, because unfortunately that Mr. Brown
was present on the job site, so we would want to question him. So
there would have to be some testimonial from Mr. Brown, due to the
fact that he is requesting a hearing, so we would like to question him.
MR. NEALE: And Mr. Ossorio makes a point. Because even
though it says that if they do have a designated representative, that
designated representative still has to show that the citation was
invalid.
So they have to put up evidence that the citation is invalid in
order for you to find the citation invalid and void it. So Mr. Ossorio
makes a good point, how would that be proven unless we had the
person that was on the job.
So I think the board is acting properly in this matter.
MR. HERRIMAN: Do I read that this is a work compo violation?
MR. JACKSON: That's correct.
MR. HERRIMAN: I'm concerned if we put it off that he's
walking around without any workers' compensation insurance.
MS. EGAN: The problem's been corrected.
CHAIRMAN DICKSON: Yeah, the fine is still due.
And hi, Mr. Garcia?
Page 10
1 ~ I 1~' A 7
Sepltmber 17, 2008
MR. GONZALEZ: Gonzalez.
CHAIRMAN DICKSON: The state is -- Gonzalez, I'm sorry.
The state is sitting here. So I'm assuming it has been corrected.
I have a motion, I have a second. Any more discussion?
(No response.)
CHAIRMAN DICKSON: Call for the vote. All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: Tell him to pay the fine; come see us
later if he wants. The fine is due.
Thank you, you're free to go.
MS. EGAN: Thank you.
MR. OSSORIO: Mr. Chairman, I think there's -- Jeffrey K.
Linzer is here.
CHAIRMAN DICKSON: Okay. Mr. Linzer, come on up.
You had some discussion you wanted to address the board about
contracting? You represent Home Depot?
MR. LINZER: Yes, sir. My name's Jeff Linzer with Home
Depot. I'm the plumbing qualifier.
CHAIRMAN DICKSON: And who is with you?
MR. CASCARDO: My name is Juan Cascardo. I'm also with the
Home Depot. I'm also a qualifier for the Home Depot. Besides that,
we also have Jeff Linzer -- I mean Jeff Masterson. He's a qualifier for
electrical. And Ms. Raquel Swanner, which is the qualifier for the
Page 11
SepteJbg IrtocA 7
general contracting side of the Home Depot.
I qualify the HV AC.
MR. LINZER: And I'm the plumbing qualifier for the State of
Florida for the Home Depot.
CHAIRMAN DICKSON: Okay, and your purpose coming
before the board?
MR. CASCARDO: We're just basically here to introduce
ourselves, just to let the board know that there are people in the Home
Depot that care about compliance issues, about licensing issues. We're
here on a good -- as far as good faith basis just to let you know about
our job, that we are proactive as far as hiring licensing (sic)
contractors, subcontractors. That we also believe highly in pulling
permits. And that basically we have a compliance division, that
basically they -- their job is to make sure that our contractors -- our
subcontractors are pulling permits. So that's basically why we're here.
We just want to introduce ourselves.
We also want to let the board know that, you know, we have
people throughout the state that are looking -- enforcing the rules and
regulations of the Home Depot.
CHAIRMAN DICKSON: So you are requesting copies of
licenses from your subs and verification of workers' compo insurance?
MR. CASCARDO: We have a complete department that we
regulate, make sure that each one of our subs has active licenses,
workers' compo insurance, liability insurance, and they have to
maintain this active.
We use it through a website that we have and a separate
company called Choice Point, just to make sure.
And by the way, that company also does background checks to
make sure that these service providers don't have any kind of felony or
criminal records in going into the customers' homes.
CHAIRMAN DICKSON: I'd say you finally got -- or that you
got it right. That's wonderful.
Page 12
sJt~le;l712&8 7
MR. CASCARDO: We're still trying. I mean, it's still a work in
progress. But part of our job is not only to enforce that but also to
present ourselves in front of the board. If you have any issues or
complaints, we're the people that you want to talk to.
We all have business cards. We'd like to drop them off. If you
have any kind of issues or complaints in the near future with the Home
Depot, we're here to help. We're here to make sure that we do it right,
so that's why we're here in front of this board today.
CHAIRMAN DICKSON: Well, the guys that might want your
cards, they're the ones ifthere's a complaint.
MR. CASCARDO: Okay.
CHAIRMAN DICKSON: Us up here are your competitors.
MR. LINZER: We understand that. That's why we wanted to
know if there were any questions right now that we can answer, you
know, if anybody had any individual questions that we could answer
at the moment also.
MR. JOSLIN: I have just one: Is that the Home Depot sells a
sundry of products, some of which need permits, some of which don't.
Do you have qualifiers that are going to be painting contractors or
people that are going to permit whatever has to be done for every
phase of anything that you sell to a customer you're going to
subcontract to? That's what you're going to do?
MR. LINZER: Absolutely.
MR. CASCARDO: That's why our compliance seems in place.
We want to make sure that we are pulling permits for anything and
everything that is required.
MR. JOSLIN: And you are aware that the Collier County in
some instances requires permits and the City of Naples also requires
some other permits that you maybe don't have to get through Collier
County .
MR. LINZER: Correct. Yeah, we're familiar with all the
jurisdictions --
Page 13
~~tlJ:~ 7;~08 7
MR. JOSLIN: All the jurisdictions --
MR. LINZER: -- that work in the state, yes.
MR. GUITE': I'm one of the service providers, so I know what
these guys are saying. And they do, they make me do a lot of
paperwork just to -- it's almost redundant, but it is good.
MR. CASCARDO: What is the service provider? Who are you
with?
MR. GUITE': I do the ceramic tile.
MR. CASCARDO: Ceramic tile, okay.
MR. GUITE': Yeah, out ofthe Expo. I work from the Expo.
MR. CASCARDO: All right. Well, he could testifY to our--
basically our stringent requirements that we have for the service
providers. And they're getting more stringent, by the way.
MR. L YKOS: Michael, I have a question, and it might apply to
-- I don't know if it has to do with DBPR or local ordinance.
Best of my recollection, the qualifier is responsible for
supervision of the projects. Is Home Depot -- are there systems in
place so that your qualifiers are supervising the work that you hire
out?
MR. CASCARDO: Well, basically what we have, besides
ourselves, which we do go out onjob sites, we also have what's called
DSM's, which are District Services Managers. And these people are
trained to go out and also supervise. So we do go out.
We have -- as far as DSM's in the State of Florida, we have I
believe somewhere in the neighborhood of maybe about 50 to 100 of
these DSM's. I don't quite know the exact figure but -- and they're
based in different districts throughout the state. And they help us in
this task of supervising.
And if it needs to be escalated, obviously we can jump on a
plane and go anywhere we have to go within the state.
So we're going to leave these cards for you. Should I leave them
with this gentleman over there?
Page 14
16 I 1*;~ it 7
September'i'7, 2~8
CHAIRMAN DICKSON: I'm glad -- personally, I'm glad you
came by. Because I don't know if you know our history, but we've had
some problems. Not with -- I'm not mentioning Home Depot, but
some of your competitors --
MR. LINZER: Absolutely.
CHAIRMAN DICKSON: -- that were contracting jobs and
putting it on revolving charges.
So I'm glad you guys finally got it right. There is a marketplace
for you. And you're really not taking my customers. What you're
taking is the people that would go to the unlicensed contractor.
MR. LINZER: I'd also like to let you know, we're also members
ofBOAF, which is the Building Officials Association of Florida, and
CLOAF, which is the Contractors Licensing Officials. And we attend
all the meetings. We're, you know, very involved with all the different
organizations and associations. We go to -- constantly at meetings and
updating ourselves on all the new standards, anything that comes in.
CHAIRMAN DICKSON: Is this a statewide effort, not just store
by store?
MR. LINZER: Statewide.
MR. CASCARDO: Nationally, actually.
MR. LINZER: Nationally.
CHAIRMAN DICKSON: All stores are involved?
MR. LINZER: Correct. Expo included.
CHAIRMAN DICKSON: And are you doing everything for all
the products you sell?
MR. LINZER: Anything that needs permitting, yes, sir.
Licensing, yeah. We're a compliance team.
MR. L YKOS: On a different subject, I'd like to see you have a
representative at the Collier Building Industry Association. If you
would consider joining that, I think it would be great for you and great
for our local industry as well.
So if! get one of your cards, I'll make sure you get an
Page 15
t~tlmLri ~ 2007
application.
MR. CASCARDO: Okay. Yeah, through e-mail. Our cards have
e-mail addresses, probably the best way to reach us.
MR. MASTERSON: And cell phone numbers. So call us or
e-mail us anytime.
MR. L YKOS: Thank you.
MR. OSSORIO: Mr. Chairman, just a little footnote: Home
Depot has done a great job in the last six months. There's been a time
that Home Depot was not a good steward. Couple years ago we had
many complaints. So they've really dropped off.
And we've been communicating with the Atlanta office, I
believe that's where your home base is at?
MR. LINZER: Yes.
MR. OSSORIO: And we have got good results from Atlanta.
And I think it's finally about time that Home Depot stood up, and
maybe it's about time that Lowe's comes in and talks to you as well,
see what they're doing.
It's somewhat difficult to find a qualifier of a huge corporation of
that size. And it's good that we have these business cards and now we
know who to call without making four or five phone calls. So it's good
news.
MR. LINZER: We've been going around to almost -- we've been
setting up meetings with most of the counties. We're now pretty much
done with this area and the central area. Now we're going up to the
Panhandle. We want to hit every county to let them know what we've
got in place right now.
MR. JOSLIN: Ijust have one last question.
CHAIRMAN DICKSON: Get on the mic., please.
MR. JOSLIN: Are the contractors or the license holders for all
the different phases that you're doing that require permits, are these
actually employees of Home Depot?
MR. LINZER: Yes.
Page 16
16 ~~~\b)17, '108
MR. JOSLIN: They are. Under payroll, and you're paid by
Home Depot?
MR. CASCARDO: Yeah, we're all work (sic) for the Home
Depot. It's not like we are renting out our license. We have actually
turned the license over and we are part of the Home Depot team. So
we're not subcontracted by the Home Depot.
CHAIRMAN DICKSON: I wish you well, gentlemen, thank
you.
MR. LINZER: Thank you. Have a good day.
MR. CASCARDO: Appreciate it.
CHAIRMAN DICKSON: As we start moving through the
Chairmanship, it's important to keep them on that microphone. You
wouldn't believe the TV audience that's watching. And the TV can't
hear if they're not on the microphone.
Next one up, Berne Michael Kahle.
(No response.)
CHAIRMAN DICKSON: Not here?
MR. OSSORIO: Mr. Chair, Mr. Kahle was on the last agenda.
He called at the last minute and said he couldn't make it. He wanted to
be put on this next agenda, which is today. Obviously he is not
present.
Due to the fact that he's requested a hearing, I think we should at
least hear testimony to the fact of what occurred out there and have a
finding.
CHAIRMAN DICKSON: He doesn't have a license.
MR. OSSORIO: No license, no.
CHAIRMAN DICKSON: No license. What's the discussion?
MR. OSSORIO: Well, in the past we have gone -- in the past
we've -- somebody has requested a hearing and not shown up and
we've actually -- the board has heard testimony of what really
happened out there, due to the fact that he requested a hearing.
I just don't want to see Mr. Kahle come back in my office next
Page 17
1 t... I f' I Jj 7
~Pt'embe; 1 ~,~008
month and say, oh, I'm sorry, I missed it, I want to go again.
This is not like a revolving door. You have 10 days to contest it.
He had some circumstances last month that he could not attend. We
granted him permission to go speak at this board this month. So I just
want to make sure that this is the end of the road here.
MR. JOSLIN: Has he paid the fine?
MR. OSSORIO: No.
MR. NEALE: And the board in the past has taken this type of
action where someone has contested a citation, been given proper
notice, hasn't shown up. The board has in the past determined that the
citation was valid and kept it in place. Because really, the action of the
board and citation is really to determine whether they are valid or
invalid. That really is this whole action the board takes.
If the citation's valid, then the board upholds the citation and it
gets put in place. If they do not pay the fine in a certain period of time,
then the county does have the option of filing a lien on their real and
personal property with the courts, so -- with the clerk of court, so --
CHAIRMAN DICKSON: Mr. Kahle, (sic) if you would, state
your name and I'll have you sworn in real quick.
MR. GANGULI: I'm not the respondent, sir.
CHAIRMAN DICKSON: No, I know you're not, but I need that
-- I'm going to get testimony from you.
(Speaker was duly sworn.)
MR. GANGULI: Rob Ganguli.
CHAIRMAN DICKSON: I'm sorry, I was looking at the wrong
one.
MR. GANGULI: G-A-N-G-U-L-I. Good morning.
CHAIRMAN DICKSON: Where did you find him?
MR. GANGULI: The address, sir?
CHAIRMAN DICKSON: 15th Avenue Southwest?
MR. GANGULI: Yes, sir.
CHAIRMAN DICKSON: What was he doing?
Page 18
1611" A
September 17, 26118 7
MR. GANGULI: Well, I have a little narrative if! can--
CHAIRMAN DICKSON: Sure, go ahead.
MR. GANGULI: The circumstances regarding the issuance of
Citation 4104 as follows.
On July 8th, 2008 I made a field observation at the address 4441
15th Avenue Southwest in Golden Gate Estates of posted Building
Permit No. 2008010178, issued for a detached framed two-story
playroom and garage. Issued to owner/builder Kenneth Keller, with no
contractor information listed.
Upon inspection ofthe job site, I observed Mr. Berne Michael
Kahle performing PYC plumbing work. And when I asked him, he
also stated he was working on the framed carpentry of the structure.
When I inquired about his licensing information, he was unable
to provide any and stated he was working for the homeowner, Mr.
Keller.
Upon further investigation I discovered that Mr. Keller was not
present anywhere on the job site.
And the three circumstances: Based on the scope ofthe work I
observed being done, the absence of the owner-builder on the job site
and the criteria specified in the disclosure statement of State Statute
489, Section 103 regarding owner/builder permits, I issued a $300
citation to Mr. Kahle for acting in the capacity of a contractor without
being duly registered or certified.
MR. JOSLIN: Just a quick question for your -- just for the
record. You mentioned he did PYC plumbing. What type of plumbing
was he doing? Where you able to --
MR. GANGULI: Well, he was filthy dirty and it was
underground.
MR. JOSLIN: Underground.
MR. GANGULI: As far as the specifics of it, I'm sorry, Mr.
Joslin, I can't tell you.
CHAIRMAN DICKSON: Good, he's getting into the potable
Page 19
S~t{>m~e~7, As 7
system.
MR. JOSLIN: Obviously.
Could it have been a water system, I mean in your opinion?
MR. GANGULI: I wish there was some validity to my opinion.
My best guess would be that it was some type of irrigation, perhaps.
MR. JOSLIN: Irrigation.
MR. L YKOS: Well, I don't like an unlicensed contractor
building a two-story structure unsupervised and unlicensed.
So I make a motion that the citation stands.
MR. JOSLIN: I'll second the motion.
CHAIRMAN DICKSON: Discussion?
MR. BOYD: I have a question.
CHAIRMAN DICKSON: Yes, sir.
MR. BOYD: Was the job site red tagged? Because this is an
owner/builder permit. Shouldn't the owner/builder hold some
responsibility also?
MR. GANGULI: Well, it's my understanding that the owner of
the property, when there's an owner/builder permit, may not have any
responsibilities other than what's stated in the disclosure statement of
him being -- or providing on-site supervision on the job site.
As far as recourse taken on the owner/builder, Mr. Ossorio?
MR. OSSORIO: Mr. Chairman, I might want to add some
testimony. Can I get sworn in, please.
(Speaker was duly sworn.)
MR. OSSORIO: Morning. For the record, Mike Ossorio,
Contractor Licensing Supervisor.
Under the Collier County Ordinance 2006-21, it clearly states if
you're unlicensed, there is a red tag that we issue. There was a red tag
issued on the property, and we issue many red tags on any unlicensed
activity job sites.
Typically what happens, the homeowner comes in,
owner/builder permit. This is no exception, the owner did stop by my
Page 20
1611 A 1
September 17,200
office and elected to go ahead and not have this particular person, Mr.
Kahle, back on the property.
So when Mr. Kahle was not on the property anymore and the
homeowner is under advisement, what he needs to do as an
owner/builder, the red tag has been removed.
So that is what typically happens on any kind of job site, no
matter if it's owner/builder permit or a permitted site by a contractor.
MR. GUITE': Was he contracting with the homeowner to do this
work, or was the homeowner paying his wages and taking out taxes?
MR. OSSORIO: As far as my recollection, the investigator was
on the job site, asked who he was working for, he said he was working
for the homeowner. We're assuming that's what that means.
MR. GANGULI: The specifics of taking out taxes, Mr. Guite', I
didn't ask. He did state that he was working for the homeowner.
MR. QUITE': I was just reading the disclosure statement here in
your packet. The packet is saying that any person working on your
building who is not licensed must work under the direct supervision
and must be employed by you, which means that you must deduct
FICA and withholding tax and provide Workmen's Compo for that
employee.
It almost seems to me that the person who is at fault here is the
homeowner.
MR. GANGULI: Well, I'm thinking that ifhe could substantiate
having withheld all those things from the gentleman's paycheck, it
would be a fairly easy thing to resolve, since he requested the hearing.
MR. GUITE': Because it's my understanding that contracting
without a license is you have to engage in a contract with the
homeowner to do whatever, to do plumbing or do tile or paint or
whatever.
If he's just some guy passing through and this guy's paying him
10 bucks an hour to do some work, I mean, it's --
MR. OSSORIO: You're absolutely right, Mr. Guite'. We have
Page 21
16 I J;;t~nAr 172008
come across owner/builders who elect to go out and get help and pay
them an hourly wage and also take out insurance. Doesn't happen that
often due to the fact that a lot of insurance carriers and day labor
really don't deal directly with owner/builders and owners.
MR. GUITE': Right.
MR. OSSORIO: I haven't seen that in my tenure here so -- but it
can theoretically happen.
On this particular case, I don't want to misspeak out of turn, but
this owner was paying him something. There was no taxes taken out.
So this is why the citation was brought to you. So with that said.
MR. JOSLIN: One question I have, which goes back to the
permitting factor, I think you're right, I think the owner has some
responsibility, that's for sure. I think it's a double barrel shotgun here.
But through the permitting process with Collier County, do they
still require when a general contractor or an owner/builder contractor
are going to have work performed that needs permitting, do they still
require that there's a list of subcontractors that are given when they
apply for the permit, or do they just -- did they take that away?
MR. OSSORIO: No. When an owner/builder applies for a
building permit, there is no Page 2, as per se. The owner could elect to
do so if they wish to do so. In other words, it's not uncommon that an
owner/builder lists his electrical and plumbing, mechanical contractor
on the building permit itself. But it's not a requirement.
The owner does sign a disclosure statement knowing that yeah,
basically I'm an owner, I'm responsible, I must do all the work or hire
a proper licensed contractor to do the work on my premise.
And they also understand that they can't have a -- they can't sell
it or lease it from 12 months ofC.O.
The state does have a statute to civil infraction that if an
owner/builder or an owner knowingly hires an unlicensed contractor,
you know, there could be some civil penalties up to $5,000. But
unfortunately I have never seen that done and it's pretty hard to justify
Page 22
16,!lA 7
September 17,2008
that he knowingly did so.
So that's something that the state does do. They do work on. And
maybe Sergio, Mr. Gonzalez, can talk to you a little bit about if he's
seen that in his tenure as being with the State of Florida as well.
MR. JOSLIN: I remember years ago that, you know, in order to
get a permit from a GC, that they had to list that Page 2. And I don't
think that -- a general contractor is maybe less apt to be prone to not
do it.
But as the owner/builder, I would think that the county or the
City of Naples or any of these jurisdictions would want to have that
Page 2 just to keep an owner/builder more or less under wraps.
MR. OSSORIO: Well, we can. Because if you're asking an
owner to provide a Page 2, and it's really false that the owner could
theoretically do the work himself. The State is pretty clear, they really
don't want to encumber -- they are -- owner/builders are exempt from
the statute. You know, they can do all facets of their own home.
And I know that Monroe County down south of us, you know,
they've tried to restrict owner/builders, make sure they take some
exams, make sure they take a class or two, and that's all been thrown
out. Owner/builders are exempt.
I would like to see an owner provide us with Page 2, electrical,
plumbing, mechanical. Most of them do hire licensed companies, due
to the fact that the owners really can't do the work themselves. But it's
not a requirement. And if you put that restriction on them, somebody
could challenge it.
CHAIRMAN DICKSON: Okay, let's wrap this up.
MR. NEALE: You've got a motion and a second.
CHAIRMAN DICKSON: We've had a motion and a second. I
mean, he's not even here. I've got lots of other stuff to do.
Call for the vote. All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
Page 23
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September 17, 2001
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: We're done.
Tell him not to come back here unless he can produce a license.
We don't really have any need to see him.
Michael Zeanchock. Michael, if you'd come up to the front
podium right here, sir.
If I could have you state your name and spell it.
MR. ZEANCHOCK: Michael Zeanchock,
Z-E-A-N-C-H-O-C-K.
CHAIRMAN DICKSON: And I'll have you sworn in, sir.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: And you're here to qualifY a second
entity?
MR. ZEANCHOCK: Yes.
CHAIRMAN DICKSON: Okay. Tell us what you're doing and
why.
MR. ZEANCHOCK: First, to qualifY a residential concrete
construction company named Matrix Concrete. That company I'm
partners with another person. We strictly do just residential.
M&M Concrete, which I'm here to qualify to you today, is a
commercial concrete company which I own. Our main office is in
Pennsylvania. We wish to do some work in this area,
commercial-wise.
Matrix doesn't do any commercial work. M&M is geared up to
do that type of work. So I'm here today to try to get them qualified to
Page 24
L~eInX 17,Aoo8 7
get into the commercial concrete construction.
CHAIRMAN DICKSON: Wow.
MR. OSSORIO: Mr. Chairman, I just want to -- this is a unique
situation. I want to explain it to you, because it took me a few minutes
to figure this out as well.
Matrix is a licensed company in Collier County. They've taken
the test, they've taken the business procedure and they've taken their
concrete form and placing test as well.
They took their test scores to Lee County. And Lee County -- he
went in front of the Lee County Licensing Board and they -- instead of
qualifYing Matrix, he qualified M&M.
And now he wants to do work in Collier County under M&M
Concrete. But unfortunately that -- he'll have to qualifY two
companres.
And we have never actually seen this before. But it does have --
usually when you qualifY one company in Collier, you go to Lee
County with the same test scores and the same business type, same
business name. But this time he elected to change.
So he is going to -- he already has a QB licence or a qualified
business up in Lee County called M&M, but he can't do work in
Collier because he qualifies Matrix in Collier already, so you have to
qualifY two companies.
MR. JOSLIN: Is this a state-certified license?
MR. OSSORIO: No, it's a county license holder.
MR. ZEANCHOCK: We hold licenses in Charlotte, Lee, we--
Lee I qualifY both entities. Pinellas. And I thought -- well, just to
qualifY a second company, she'd asked to fill out the application and
go before the board.
CHAIRMAN DICKSON: Any complaints against either
company?
MR. OSSORIO: No.
CHAIRMAN DICKSON: And what kind oflicense do you
Page 25
16' r A 7
September 17, 2008
hold?
MR. ZEANCHOCK: Concrete placing and finishing.
CHAIRMAN DICKSON: Okay. And that does qualifY him for
commercial, correct?
MR. OSSORIO: It does.
CHAIRMAN DICKSON: Anything on the credit report,
anybody?
MR. QUITE': I didn't see anything.
MR. L YKOS: Do we have a recommendation from you,
Michael?
MR. OSSORIO: I recommend we approve it. I have no
problems. But it's one of those things that took me for surprise,
unfortunately, that Matrix can't work in Lee County because they're
not qualified in Lee County, but M&M can. So it's almost like the
reverse.
So ifhe wants to have Matrix, who can do work in Lee County,
to do work in -- am I saying that correctly?
CHAIRMAN DICKSON: His packet's clean as a whistle.
I move to approve the second entity.
MR. OSSORIO: It's weird. Lee County has to do some work.
He's going to have to go back to Lee County and go in front of their
board to qualifY a second company ifhe wants to. That's all.
CHAIRMAN DICKSON: I've got a motion--
MR. JOSLIN: I'll second.
CHAIRMAN DICKSON: -- and a second.
All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
Page 26
S1rgJb~; ~08 7
MR. QUITE': Aye.
CHAIRMAN DICKSON: Aye.
I'm sorry.
Any discussion? I didn't mean to jump that fast.
(No response.)
CHAIRMAN DICKSON: Okay, all those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. QUITE': Aye.
CHAIRMAN DICKSON: Aye.
You're done.
Oh, all of your stuff is here, so don't go to Maggie today. You
can go there tomorrow. Wish you well.
MR. ZEANCHOCK: Thank you.
CHAIRMAN DICKSON: Randy Anderson, are you here?
Randy, if you would, come up to the podium, sir.
If I can have you state your name and then I'll have you sworn
. .
In, SIr.
MR. ANDERSON: Randy Anderson.
(Speakers were duly sworn.)
CHAIRMAN DICKSON: Okay, we're just now getting your
packet, but your certificate was canceled. Probably what, because of
inactivity or something?
MR. OSSORIO: Mr. Chairman, I'll go ahead and take the lead
on this real quick, bring you up to speed.
Mr. Anderson is a licensed registered electrical contractor. He is
registered with Tallahassee as dormant status. And he's been --
obviously you can see through his packet that he has continued his
Page 27
~~tJml17~o087
education.
He does own a company called Bay Electric that has another
qualifier. So he was under the assumption that basically since I
already have one qualifier, I can put my license on dormant, which he
has done so with the state and with our office.
But unfortunately, you probably heard this before, is that the
five-by-seven card, either he didn't get it or that he moved his office or
we just sent it to the wrong address, I'm not sure. But he did not renew
his certificate.
So his State of Florida license is still dormant, active till 2010 --
or 2009, actually. But his county license has been canceled.
Due to the fact that he's had continuing education and he's still
licensed with the state registration, I recommend we approve it back to
dormant status.
MR. JOSLIN: So it's not going to become an active license, it's
going to still remain dormant?
MR. OSSORIO: It's going to remain dormant because --
MR. JOSLIN: -- with Collier, dormant--
MR. OSSORIO: Yes. And when and ifhe comes out of
dormancy, we need a credit report, we'll do that too as well.
MR. JOSLIN: Gotcha.
CHAIRMAN DICKSON: You want to add anything?
MR. ANDERSON: No, he did very well.
No, the reason I didn't have that is my partner is a lady, her name
is Cheryl Miller, and we are a minority contractor, so I could not carry
my license and hers on the same company, otherwise it would
invalidate her minority status.
So I put mine in dormant and then failed to get the proper
payment to you with the card. And it would have been our error is all I
can figure out. And so I'm asking for it to be reinstated.
CHAIRMAN DICKSON: We're just talking that $20 annual fee,
aren't we?'
Page 28
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Septemben 711008
MR. OSSORIO: No, he's state registered. He'll have to pay his
back fees, three years worth or two years worth.
CHAIRMAN DICKSON: But the state's okay.
MR. OSSORIO: The state's fine. The state you have to reregister
every two years. And unfortunate (sic) he's kept up his continuing
education, and so I see no issue with this.
MR. JOSLIN: I make a motion to approve.
MR. L YKOS: Second, Lykos.
CHAIRMAN LEFEBVRE: Discussion?
(No response.)
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
You set the record this year. I wish you well.
MR. ANDERSON: Have a good day.
CHAIRMAN DICKSON: You too.
Before we get into public hearings, Sergio, what's your schedule
like?
MR. GONZALEZ: I'm open until whenever.
CHAIRMAN DICKSON: You want to speak now or you want
to hear the cases?
MR. GONZALEZ: I want to hear the cases.
CHAIRMAN DICKSON: Okay, very good.
Yeah, we are doing good.
Case No. 2008-11. He just left the room. We're going to deal--
are you going to handle that one, Ian?
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SeptemDer 11,"200
MR. JACKSON: I will.
CHAIRMAN DICKSON: Paul Riddenberger (sic),
Riddenberger Custom Homes.
We started hearing that last month, and what are we going to do?
MR. JACKSON: The case is withdrawn.
CHAIRMAN DICKSON: The case is withdrawn?
MR. JACKSON: Indefinitely.
CHAIRMAN DICKSON: Okay.
That was easy.
Case No. 2008-13, Michael McNeal, is that you, d/b/a New
Code Windows and Doors.
And who's going to present that case?
Good morning.
MR. KENNETTE: I am Allen.
CHAIRMAN DICKSON: I'm going to have -- would you come
to the podium, yes, sir. Mr. McNeal, is it?
MR. McNEAL: Yes, sir.
CHAIRMAN DICKSON: You want for swear both of them in at
the same time?
MR. NEALE: Mr. Dickson, if I would suggest, since we've got a
new form here, is maybe work off that so everybody could -- because
that also introduces the process for the hearing and everything.
CHAIRMAN DICKSON: Okay. Let me go ahead and get them
sworn.
(Speakers were duly sworn.)
CHAIRMAN DICKSON: Gentlemen, for everyone present,
we've got a little new legalese to kind of explain this. And we'll get to
where we do it verbatim like we have in the past. But since this is
new, let me read it to you. This is how the hearing will go.
They are conducted pursuant to the procedures set out in our
Ordinance, Collier County 90-105, as amended, and State Statutes
Chapter 489.
Page 30
16;Jrtlnber~, 2708
They're quasi-judicial in nature, which means formal Rules of
Evidence do apply --
MR. NEALE: Do not apply.
CHAIRMAN DICKSON: -- but fundamental fairness and due
process shall be observed and shall govern the proceedings.
Irrelevant, immaterial or cumulative evidence shall be excluded,
but all other evidence of a type commonly relied on by prudent people
in the conduct of their affairs shall be admissible -- in other words,
hearsay -- whether or not such evidence shall be admissible in a trial
in the court of the State of Florida.
Hearsay evidence may be used for supporting or explaining any
evidence, but shall not be sufficient by itself to support a finding
unless such hearsay would be admissible over objection in civil
actions in a court.
Rules of privilege shall be effective to the same extent that they
are now, or hereby may be recognized in civil action.
Explain rules of privilege, Mr. Neale.
MR. NEALE: Basically where someone has privileged
testimony or privileged information, like attorney-client privilege or
something like that where you can assert a privilege where you do not
have to reveal certain information.
CHAIRMAN DICKSON: Very well.
Any member of the Contractor Licensing Board may question
you at any time before the board. Each party of the proceedings shall
have a right to call and examine witnesses, introduce exhibits,
cross-examine the other person's witnesses, to impeach any witness --
in other words, prove them wrong -- regardless of which party called
the witness to testify, and to rebut any evidence presented against the
party .
The Chairperson or the Vice-Chairperson in his absence shall
have all powers necessary to conduct the proceedings at the hearing in
a full, fair, impartial manner and to preserve order and decorum.
Page 31
Jp~Jbel17,Aoo8 7
The general process of the hearing is for the county to present an
opening statement, which he will do, where it sets out the charges in
general terms.
Here's where we always get off is the opening statement. It sets
out the charges in general terms how it intends to prove them.
And then you, Mr. McNeal, will make your opening statements
setting out in general terms how you're going to defend the charges.
The county then presents their case in chief, calling witnesses,
presenting evidence. Then you can cross-examine these witnesses
after the county has presented them.
Once the county closes its case, then you can put on your
defense, you can call witnesses and do all the things described earlier,
that is, call and examine witnesses, to introduce exhibits,
cross-examine witnesses, impeach them, regardless of which party
called them, and review all the evidence that the county may have
presented. They also can cross-examine your witnesses.
After you put on your case, the county gets to present or rebut
the respondent's presentation. When the rebuttal is concluded, then
each party gets to present closing statements, with the county getting a
second change to rebut all the respondent's closing arguments.
The board -- then we will close public hearing. Public hearing
means we are finished and we begin our deliberations, but you will
hear those deliberations.
The attorney for the board will give us our charge, more or less
watch over us like a jury does, setting out the parameters for which
they're (sic) base their decisions. During the deliberations we can ask
you additional information or clarification, if we want.
We will have two different tasks that we're going to be doing:
First, whether or not you are guilty of the offenses charged by the
administrative complaint. And a vote is taken on that matter by itself.
Then if you're found guilty, then we have to decide the sanctions
to be imposed. And the county attorney will advise us on those as well
Page 32
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September 17,1008
and what to consider. And we'll discuss those and take a vote on that.
After those two things are decided, I, the Chair, will read a
summary of the order issued by the board. The summary will set out
the basic outline of the order but will not be exactly the same language
as the final order. The final order will include full details required
under state law and procedure, of which you will get a copy delivered
to you.
Any questions?
MR. NEALE: Just one point is I think you said that the county
attorney is going to advise the board. It will actually be I will advise
the board, because I'm the board attorney.
CHAIRMAN DICKSON: Yeah, I kind of -- the suits. The first
suit, the second suit.
So that you all know, he advises us, the county keeps us out of
trouble, or keeps the county out of trouble.
So with that, any other questions, clarifications?
(No response.)
CHAIRMAN DICKSON: You always are the only two guys that
wear suits.
MR. NEALE: We get paid to do that.
CHAIRMAN DICKSON: Wait till we show up one week all in
suits.
MR. NEALE: Then I'm going to wear a Hawaiian shirt that
week.
CHAIRMAN DICKSON: Okay, could we have the county's
opening statement.
MR. KENNETTE: Yes, my name is Allen Kennette. I'm from
Contractor Licensing, Compliance Officer.
I'd like to introduce into evidence Case No. 2008-13, Exhibit A,
Board of County Commissioners versus R. Michael McNeal, doing
business as New Code Windows and Doors, Incorporated.
MR. JOSLIN: Mr. Chairman, I make a motion that we take Case
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September 17, 2008
No. 2008-13, Board of Commissioners versus R. Michael McNeal,
d/b/a New Code Windows and Doors into evidence.
CHAIRMAN DICKSON: I second.
All those in favor?
MR. HERRlMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Proceed.
MR. KENNETTE: You'll hear testimony today that on August
26th observed New Code Windows and Doors, Incorporated--
CHAIRMAN DICKSON: Do me a favor.
MR. KENNETTE: Yes.
CHAIRMAN DICKSON: Pull that mic. to you.
MR. KENNETTE: Is that better?
CHAIRMAN DICKSON: You okay with that one?
THE COURT REPORTER: Fine.
MR. KENNETTE: Good? Okay.
You'll hear testimony today that on August 26th, 2008, observed
New Code Windows and Doors installing windows at 308 Second
Street South, in the City of Naples.
You will also hear testimony from Thomas Mariannino,
Inspector for the City of Naples, about the posting at the mentioned
above property, Exhibit 5 in the packet, that a stop work order was
posted for no permit.
You will also hear testimony from Thomas Mariannino,
Inspector of the City of Naples, about other violations of New Code's
Windows and Doors not pulling permits before doing work. And also
Page 34
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~ePferri1jer 1 A 200~
a meeting that was held at the City of Naples with the City Official on
August 2nd, 2008 in these issues of the permits.
You'll also hear testimony that a cease and desist agreement was
signed by the qualifier, R. Michael McNeal, on May 9th, 2008,
Exhibit 13 in the pamphlet, and that Mr. McNeal was informed of the
outcome of any more work being done without permits, violating the
ordinance, of violation 4.2.2 of the Florida Building Code under 489.
CHAIRMAN DICKSON: Okay. Mr. McNeal, opening
statement?
MR. McNEAL: I am responsible for the -- I am the qualifier for
New Code Windows and Doors, and I am responsible for the
permitting process of New Code Windows and Doors.
The violations that are delineated in the exhibit I plead guilty to.
We did do work without permit on the job for the various addresses
that are listed.
And I would like to make a quick response to that comment,
because I think that's a serious comment, and it's required some
serious reorganization of our company to disallow any work to go out
without permits.
We are presently the largest permit puller or I guess you would
say installation of windows and doors in Collier County, to include
Marco Island and the City of Naples.
As a result of some cutbacks that we had with personnel in April
of this year, the workload has been extraordinary to try to catch up
with our permitting process and how we are going to make sure that
the permits are on the job before the job is begun, which is of course
the rule.
It has been made clear to me, as well as by the owner ofthe
company, that as the -- as of the May 9th meeting with Mr. Kennette
and Mr. Bollenback and Mr. Mariannino at the City of Naples that no
further work would be done without permits.
We agreed to that. And then we had another permit that was not
Page 35
16 le3temJAr 1 7 ~008
on the job. That was on Neapolitan Way.
And that was what was the -- the big issue that I think we're
dealing with now is the fact that after all the work that we have done
to resolve this process, that we still had one job go out. And indeed, it
was without the proper permit on the job.
CHAIRMAN DICKSON: That's good for now.
Go ahead, Mr. Kennette.
MR. KENNETTE: Okay, I'd like to call Thomas Mariannino,
Inspector for the City of Naples.
CHAIRMAN DICKSON: Mr. McNeal, at this point if you
would, I'll just have you sit right there on that front row.
MR. McNEAL: Yes, sir.
CHAIRMAN DICKSON: So are you going to ask him
questions, Mr. Kennette?
You all can use this podium over here.
MR. OSSORIO: I will.
CHAIRMAN DICKSON: You will? Okay.
(Speakers were duly sworn.)
MR. MARIANNINO: M-A-R-I-A-N-N-I-N-O. Thomas
Mariannino, Construction Site Inspector for the City of Naples.
CHAIRMAN DICKSON: Do you ever have to spell your name
very often?
MR. MARIANNINO: Quite a bit.
CHAIRMAN DICKSON: Good to have you.
MR. MARIANNINO: Thank you, sir.
MR. OSSORIO: Good morning, Mr. Mariannino.
MR. MARIANNINO: Good morning, Mike.
MR. OSSORIO: For the record, can you state what your job
entails and how long you've worked for City of Naples.
MR. MARIANNINO: I've been with the City of Naples for
approximately three-and-a-halfyears. And my job is with the building
department.
Page 36
161:tl~ 7
Sef)?embh 17,2008
MR. OSSORIO: And what kind of work do you do for the
building department?
MR. MARIANNINO: I'm the construction site and compliance
inspector, but I also issue stop work orders and check on unpermitted
work and unlicensed contractors. I work hand-in-hand with your
person, Allen Kennette, in the city.
MR. OSSORIO: And for the record, I'd like to go ahead and add
him as an expert witness in issuing stop work orders and no building
permit and the custodian of asking the questions is there a building
permit or not a building permit in the City of Naples.
CHAIRMAN DICKSON: His license qualifies him as an expert
witness in that area, doesn't it, Mr. Neale?
MR. NEALE: Pardon me?
CHAIRMAN DICKSON: He's an expert witness in that field
because of his license?
MR. NEALE: Yeah.
CHAIRMAN DICKSON: Okay.
MR. NEALE: You can find him to be an expert witness.
MR. OSSORIO: Mr. Mariannino, can you explain to the
licensing board -- do you have the Exhibit A in front of you?
MR. MARIANNINO: Yes.
MR. OSSORIO: Could you turn to E-5, E-6 and throughout E-8
and explain a little bit about New Code Windows and Mr. McNeal in
referencing how we got to this position. And can you give testimony
due to the fact that you were present of what the building official and
you discussed with the qualifier of New Code and Windows (sic).
MR. MARIANNINO: If I could take it in chronological order.
The first incident that I found was at 1666 Third Street South. I made
an inspection there and I found that half the windows were put in. And
when I called my department to see if there was a permit issued, there
was none. So at that time I made them secure the property and I issued
a stop work order.
Page 37
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"'seplmbeA 7, 2~08
The second incident was at 2850 Gulfshore Boulevard North,
Unit 403. Again, at that time there was no permit, so I did issue a stop
work order. But basically most of the work was completed.
And I believe that's the incident that a stop and desist order was
issued by Allen.
MR. OSSORIO: Were you present when the cease and desist
order was issued to the qualifier?
MR. MARIANNINO: Yes.
MR. OSSORIO: Okay.
MR. MARIANNINO: The third issue, we had a call of an
unlicensed contractor doing work, and when I got there, I noticed a
large slider that was brand new. And when I had asked the
homeowner, he told me New Code had put it in. And this was existing
already when I got there. So we required them to get a permit for that.
CHAIRMAN DICKSON: This is E-14?
MR. MARIANNINO: Excuse me?
CHAIRMAN DICKSON: This is E-14 down at the bottom?
MR. MARIANNINO: Yes, 350 Yucca.
MR. OSSORIO: So let me ask you a question, Mr. Mariannino:
So after all these stop work orders and all these, you did -- your
building official, Paul Bollenback, in the City of Naples did bring in
the qualifier, Mr. McNeal and you were present?
MR. MARIANNINO: Yes.
MR. OSSORIO: And can you tell the board a little bit what that
meeting -- how that meeting transpired and what was said.
MR. MARIANNINO: We basically went over what we expected
of New Code from that point on, and we reviewed the cases that we
had prior to that. And Mr. McNeal said he would comply from that
point on. And we actually went through what the consequences could
be.
MR. OSSORIO: So you advised Mr. McNeal that ifhe
continued on the path of not pulling building permits, that the City of
Page 38
16 ~eiIemtA 172008
Naples would have no choice but to make a complaint with the
Contractor Licensing Board?
MR. MARIANNINO: Absolutely. We made it perfectly clear to
him.
MR. OSSORIO: And are you saying that several weeks later
after that meeting you were called out to another address of possible
no building permits of New Code and Windows (sic)?
MR. MARIANNINO: That's correct. Approximately three
weeks later.
MR. OSSORIO: And what address was that?
MR. MARIANNINO: That was 308 Second Street South.
MR. OSSORIO: And that's Exhibit No. E-5.
So I just want to make sure we get this correct. So you had
several meetings. You had one meeting with the qualifier and the city
building departments. And it was explained to him if he continued to
work without a building permit we would constitute that willful code
violation?
MR. MARIANNINO: Yes.
MR. OSSORIO: I have no further questions.
CHAIRMAN DICKSON: Mr. McNeal, do you have any
questions of the witness, sir?
MR. McNEAL: No, sir.
CHAIRMAN DICKSON: Does anybody else have any
questions of the witness?
MR. JERULLE: Yeah, I have a question.
On the windows that were installed without a permit, what
happened to those windows? Did --
MR. MARIANNINO: Ultimately there was a permit issued. We
red tagged -- some jobs that were not completed we red tagged. Other
jobs that were completed, we required a permit. And our process is
that we quad the fees, which would be four times the amount.
MR. JERULLE: So was there an inspection performed on the
Page 39
SePJ:~t r.f 20<l 7
windows that were installed without a permit?
MR. MARIANNINO: Ultimately there was. There was a permit
issued, and -- yes.
MR. JERULLE: Okay.
MR. JOSLIN: In reality then all of the jobs that you've listed on
here or all of the addresses that you've given us have now been
permitted and inspected and finished?
MR. MARIANNINO: Yes.
MR. JOSLIN: And permits have been issued.
MR. MARIANNINO: Yes.
MR. L YKOS: Mr. Mariannino, ifI've got this chronologically
correct, the meeting with Mr. McNeal was held on May 9th?
MR. MARIANNINO: No, the meeting with Mr. McNeal in Paul
Bollenback's office was on August 5th.
CHAIRMAN DICKSON: Anybody else?
MR. JERULLE: Mr. Mariannino, I know who you are and I
know you do a very good job, and I don't want you to take this
question the wrong way.
MR. MARIANNINO: No, sir.
MR. JERULLE: But is there any chance, I mean, as big as the
city is, that other windows could have been installed without you
knowing about it?
MR. MARIANNINO: Absolutely. I can't be everywhere.
MR. JERULLE: Correct.
MR. JOSLIN: Are there any other jobs out there that we know
about now that have been done without a permit?
MR. MARIANNINO: Not to my knowledge. Not in the city.
MR. OSSORIO: You're referencing New Code; am I correct?
MR. JOSLIN: Yes.
MR. L YKOS: I want to go back to the chronological order, ifI
may. Item E-13, which is in our packet, which is the cease and desist
agreement between the building department, Mr. Kennette and Mr.
Page 40
1 &fplwber A7, 27
McNeal was signed on May 9th, correct?
MR. MARIANNINO: That's correct. And that was on the job at
2850 Gulfshore Boulevard North.
MR. L YKOS: Okay. And then it looks like there were three jobs
after that agreement was signed.
MR. MARIANNINO: Well--
MR. L YKOS: On June 25th there was a stop work order at 350
Yucca. On August--
MR. MARIANNINO: Well, there was no stop work order on
that one. That was already completed. So I don't know when that was
done. That could have been done in April or --
MR. L YKOS: I understand, okay. It was just discovered on June
25th.
MR. MARIANNINO: That's correct.
MR. L YKOS: And then on August 5th, there was a stop work
order posted at 549 Neopolitan Way. And then on August 26th, a stop
work order at 308 Second Street.
MR. MARIANNINO: Yeah, the one on Neopolitan. When we
discovered it, the work had been completed. They were just cleaning
up --
MR. L YKOS: So, in other words you don't know--
MR. MARIANNINO: -- no stop work order was issued--
MR. L YKOS: -- you discovered it on August 5th, you don't
know when the work occurred.
MR. MARIANNINO: I believe it was August 4th that I actually
discovered it, yes.
MR. L YKOS: Okay, thank you.
MR. OSSORIO: Mr. Chairman, we call Allen Kennette.
CHAIRMAN DICKSON: Thank you.
Thank you, sir.
MR. OSSORIO: Allen, if you could, turn to the Exhibit A, E-13.
MR. KENNETTE: Okay.
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MR. OSSORIO: And can you explain what we're looking at?
This seems to be a cease and desist agreement between you and the
qualifier of New Code?
MR. KENNETTE: Yes, this was a cease and desist out at the
Gulfshore Boulevard, 2850. They were doing Unit No. 403. They had
a contractor do the complete building but they were doing Unit 403 as
a test to show what the doors and windows were going to look like.
Tom had gone out there in the morning and put a stop work
order on it for no building permit, told the gentlemen to wrap it up and
leave that day.
Two hours later he went back by there, they were still there
working. He called me. I arrived on the scene to see what was actually
going on and they were continually doing a closet.
So we got ahold ofMr. McNeal by phone. He arrived at the job
site, said there was a misunderstanding between him and the workers
and that the job should have been stopped and not continued and that
they were going to leave that area.
At that time I had him sign a cease and desist order. He gave me
proper ID because I did not know him at that time. But he did give me
ID showing that he was R. Michael McNeal, the qualifier of New
Code Windows and Doors, which he did sign.
And at that point I informed him that any more violations with --
work without building permits would be a willful code violation of the
Florida Statute 105.5 and our Statute of 4.2.2.
MR. OSSORIO: Mr. Kennette, can you just read maybe to the
board the, therefore, being fully advised, I do agree?
MR. KENNETTE: It would be three quarters of the way down
the page, the big bold print: Therefore, being fully advised, I do agree
that I will pull all building permits required by the statutes, and fully
understand that if I continue to work without a building permit in the
future that the contractor licensing department will consider that a
willful code violation and penalties and permit building (sic)
Page 42
SJp6)Jb~17,Ao08~
privileges will follow.
MR. OSSORIO: Did Mr. McNeal sign that?
MR. KENNETTE: Yes, he did. And it was pointed out to him.
MR. OSSORIO: And after this agreement we do have evidence
that he continued to work with no building permits?
MR. KENNETTE: Yes, he did.
MR. OSSORIO: No other questions.
CHAIRMAN DICKSON: Mr. McNeal, do you have any
questions?
MR. McNEAL: Not ofMr. Kennette, no.
MR. OSSORIO: We have no other witnesses.
CHAIRMAN DICKSON: I have a question for the county. Do
we have any of these issues in Collier County?
MR. KENNETTE: To my knowledge, I've stopped at all the job
sites that I've seen New Code Windows and Doors doing, and they do
have permits. I have not found one in the city that I know of that has
been done without a permit. I do make an attempt to stop.
One of them didn't have a permit, but they were doing a repair
job on a window that wasn't sealed properly that had been permitted
before, and that was all.
CHAIRMAN DICKSON: So none in the county, just the city?
MR. KENNETTE: Nothing in the county.
CHAIRMAN DICKSON: Mr. McNeal, if you would step
forward to the podium. You can present your case, sir.
MR. McNEAL: On the -- the initial case that was at 2800
Gulfshore Boulevard North, this was a one-window deal that Mr.
Kennette spoke about. And I made the mistake of -- we had -- we were
doing all the solid doors in all ofthe units in that particular
condominium.
It was my intent to have a trial -- try it out and see how the doors
were going to go, because we had not tried to -- I mean, we had not
installed this particular product before.
Page 43
Se~e6Jert7, 2~8 7
It was -- Mr. Mariannino was there in the -- literally in the area
and stopped by and put a stop work order at that time. And we had
discussion. And then, as Mr. Kennette said, he came back about two
hours later and we were still finishing up some work on an exterior
closet. And we stopped that also. Mr. Mariannino was quite verbal
about making sure that that work was stopped. And I understood, got
the guys off the job.
That was my fault. And it was my intention not to supercede the
permitting process but to make it go smoother when we did all the
other jobs.
The stop work order I took very seriously. And I put that in the
-- I called up my office in Fort Myers, which -- and my edict was that
we are not going to do any other work without permits, period.
Very quickly after that, and this was not to my knowledge, but
three more jobs were done without permitting. They were applied for
but there was no permit on-site. One ofthem was not even applied for.
And they were relatively small jobs, but regardless, they were not
permitted.
At that time I did not know that those jobs were going out until I
got the -- they happened in quick succession. And Mr. Mariannino and
Mr. Kennette called me and I put a stop to it at that time, again saying
we cannot do what we shouldn't be doing. In other words, we need to
have permits for all jobs, regardless of the money of the job,
regardless of the timing, period.
We made a -- after that I think that everybody in the office got
the -- well, I know that everybody in the office got the memo, as you
would say, and all work did not go out without a permit. It had to be
that way.
And there's a spreadsheet that I've created that -- it's simple, if
the installer does not have a permit, the job cannot be installed, period.
That's the way that I phrased it and that's the way that the work is
being done.
Page 44
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September lA 2007
Then we had a mistake. And this was the fifth one, the last job
that was on Neopolitan Way. The gal that I have in my office in Fort
Myers had mistakenly put down that the job had been permitted. It
had not been permitted. She had sent the job out with the installers.
And that was in a very visible area of Naples.
And Mr. Mariannino and Mr. Kennette called me and said we've
-- that's the end. We need to get this thing settled and we need to get it
settled right now.
I was -- I was very annoyed. I was very upset. And when I get a
call from Mr. Mariannino, I know it's not a good thing. And that was
where I was at that point in time.
I have taken total control of all of the permitting processes that
go out of Fort Myers. My office is in Naples. This is part of the
problem. I have my office in Naples because we do a significant
amount of work in Naples, Marco Island, City of Naples. And the
main office and the plant that we build windows, we warehouse
windows and doors are in Fort Myers. That's where all the installers
start their day is in Fort Myers and come down -- usually coming
down. Because like I say, most of our job, I'd say 70 to 80 percent, is
in this Collier County area.
After this last situation happened, the owner and myself met and
we met with each of the installers. And their job is on the line. In other
words, if they go out with ajob that does not have a permit, they could
lose their position in the company.
Ifajob is scheduled by the need for getting money, which seems
to be a big deal these days -- I don't mean that in a light way, I mean
that in a serious way. But I don't deal with the money, I deal, frankly,
with the mechanics. I have the responsibility of getting the job out and
making sure the job is done correctly. That's my responsibility.
And the money person, the guy that does the money, is no longer
able to authorize a job without the permit in hand. Physically has to be
in hand.
Page 45
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September 17,2008
As an example, and I'll end my remarks right now, I've just done
two jobs in Collier County two days ago that were permitted for
$1,250. Simple window jobs, but they were definitely permitted.
They were commercial jobs, and the permit fees are going to be
more than what the salesman would make. But the issue is having the
permit on the job before the work is done.
We take great pride in what we do. Weare the -- we figure the
leaders of the community and set the standards in many ofthe jobs.
And I don't think there's any inspection that we've had that has been --
failed because of improper work or anything that would be sloppy
installation. It's perfect.
Can I answer anymore questions?
CHAIRMAN DICKSON: Yeah, I have a comment.
MR. McNEAL: Yes, sir.
CHAIRMAN DICKSON: Oh, I beat you.
I want to make a comment and then I want to see how you
respond to it. And it's about a three-part comment.
Number one, it's obvious to me that you don't have control. And
the owner is somewhat cavalier about all this by his absence today. So
it kind of tells me if we revoke your license or stop your
permit-pulling privileges, they'll just replace you with another license.
And then I see the city over here, two of their enforcement
officers here. That's the second time in 20 years. So you obviously
have made a lot of people really angry.
And what I'm seeing here is probably just the tip of the iceberg
of how many permits you haven't pulled. And so because of seeing all
those things today, there's a lot of people not happy with New Code
Windows and Doors. And this isn't the first time.
And then we hear this grand statement that oh, you've worked it
out and we had a mistake, but it's never going to happen again. Well,
I'm old enough and wise enough that I bet you it's probably going to
happen again within 30 to 60 days.
Page 46
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September 17,2008
So what guarantee can you tell me that it's not going to? And
how can you tell me you have control when the owner lets things go
on like this and then he just sends you out on your own down here to
face this by yourself today?
MR. McNEAL: Okay. I'd like to answer all the questions, or all
the comments, and I'll do it as quickly as possible.
Number one, the owner is not a cavalier owner, and he takes the
work very seriously. The reason he is not here today was that I was
instructed to be here today as the qualifier.
And I had been talking with Mr. Kennette on two or three
different occasions as to how to prepare for my presence today. And
the owner would have gladly been here if he would have needed to be.
Needed to be in terms of what the process was presented to me as.
I haven't been sleeping well because of this. I take this very
seriously. And I'm not blowing smoke. We have documentation of
more than 400 permits that we've pulled in Collier County alone. Then
that doesn't include Marco Island and does not include the City of
Naples.
We do not, and I'll -- I have to say this with every ounce of
energy that I can come up with, but we are not and we have not been
pulling permits -- or doing jobs without having the permits on the job,
period.
We have had to reduce our workforce, which has been a sign of
the times. And it's been difficult to adjust to that. I don't mean that as
an excuse, only as a fact of what has happened as a result of the
economy.
And we still are doing quite a bit of work. If you talk to anybody
when you walk into Collier County, they see me every day. And
likewise, with the City of Naples and with Marco Island. I'm very
visible and I also get to almost every job site. Some I confess I haven't
been able to get to in Fort Myers, just because of the location. But
most of those have been commercial jobs that I've seen the end result
Page 47
~~ttJ:r 17~ool
of, pictures.
I -- I made a mistake initially to generate this whole process
going bad. And my mistake was not even very well explainable. I was
trying to do a door to see what kind of problems we'd have with doing
the door. Well, that sounds pretty suspicious.
Mr. Mariannino and I had a talk about that. And it just sounds,
come on. But then I had 104 doors on the same job that were
permitted within the next two weeks that we had a semi truck trailer
there for the period of maybe five weeks to do the job. I take it very
seriously.
I continue to work very hard to maintain relationships with all
the people in the county, to include the cities and Fort Myers. And I
value that very much in being able to --
CHAIRMAN DICKSON: Well, you're not answering my
question, you're just blowing more smoke.
MR. McNEAL: I'm sorry.
CHAIRMAN DICKSON: You're telling me this can't happen
again?
MR. McNEAL: No, it cannot happen again because we have
three safeguards in Fort Myers that the job will not go out without a
permit, period. There's a job waiting today to go out that I said cannot
go out, it's been approved. City of Naples. I even asked Mr.
Bollenback if we could have it be processed early. He said no, or at
least I haven't heard, and it's not going out today, period. I'm --
CHAIRMAN DICKSON: So you would have no problem if it
happens again that all permit pulling privileges are pulled?
MR. McNEAL: That's correct.
MR. JOSLIN: Or possibly your license revoked?
MR. McNEAL: Excuse me?
MR. JOSLIN: Or possibly your license revoked?
MR. McNEAL: Yes. I'm being that dramatic because I
understand the significance of what we're talking about now. I'm not
Page 48
w......,~-^._~_...~.___~,_.._....... . _,_,"",__.'.~_
le~eblr 17Aoo;?
playing --
MR. JOSLIN: Mr. McNeal, I don't mean to cut you off, but I
think I've heard enough.
MR. McNEAL: Yes, sir.
MR. JOSLIN: Ijust have one question for you real quick. And
of New Code Windows and Doors, Inc., you license -- you are the
license holder for this company?
MR. McNEAL: Yes, sir.
MR. JOSLIN: It sounds to me like Mr. Dickson is absolutely
right, that you've lost control of this company. In downsizing or in all
ofthe comments you've made that because of the economy and what's
going on here, you're still making some pretty major faults with your
company. Enough to bring the City of Naples here that has cited you
many times for the same offense.
Now you're going to have a hard time convincing this board, I
feel, that we're going to not do anything to you at this particular
moment.
I can't understand why you would want to have a contract, you
just said, where you have 107 or III doors that are going to go in one
section of a condo, but you still had the thought that you could go in
there and put in a door without a permit?
Now, that's a pretty sizable contract. And I would think that any
good contractor would want to go and get a permit before he touched
the job. What if that door didn't fit?
MR. McNEAL: Well, that was one of the issues. It was all made
to fit and they were -- there are three doors on a condo on that
particular job, and I was very concerned about how the fasteners were
going to work and getting some kind of --
MR. JOSLIN: Okay, but it still required a permit, nevertheless.
MR. McNEAL: That's not -- nonetheless, you're absolutely
correct.
MR. JOSLIN: So what you're saying -- what you're telling this
Page 49
l~pfeler A, 20(3
board is that the count that you're brought up on, the charges you're
brought up on today is that you feel as though you are guilty.
MR. McNEAL: That's correct.
MR. JOSLIN: Okay. I have no further questions.
MR. OSSORIO: Mr. Chairman, I have one question.
Mr. McNeal, you mentioned earlier in your statement that the
last time was Neopolitan Way.
MR. McNEAL: Yes, sir.
MR. OSSORIO: I was assuming that 308 Second Street South
was after Neopolitan; am I correct?
MR. McNEAL: No.
MR. OSSORIO: No. Okay. What date was the stop work order
issued for Neopolitan Way; do you remember?
MR. JOSLIN: August 5th.
MR. MARIANNINO: May I add a little clarity to this?
MR. McNEAL: August 5, yes.
MR. MARIANNINO: Neopolitan Way, that's the particular job
that was completed, and that was on August 4th. The last job was 308
Second Street.
MR. OSSORIO: So when you had your meetings with your staff
members, Mr. McNeal, referencing the Neopolitan, that was the last
straw. Indeed, a couple weeks later, 308 Second Street popped out and
there was no building permit; am I correct?
MR. McNEAL: Yes, sir. I apologize for making the reverse of
that. But you're absolutely correct, that was the last one. And that was
the one that was the mistake that I had referred to earlier. I was not
looking at my notes when I was making the comments.
The fact of the matter is that we have had, as has been pointed
out, five infractions with the City of Naples with no permits on the job
or permits being in partial process but not on the job. And the last one
was on the Second Street, that's correct.
CHAIRMAN DICKSON: Does anybody else have anything
Page 50
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~eptemb"er 17, 1n08
else?
MR. JERULLE: Yeah, I have a question.
You're licensed? You're a certified general contractor?
MR. McNEAL: Yes, sir.
MR. JERULLE: And so you've taken the state exam?
MR. McNEAL: Oh, yes.
MR. JERULLE: And you're the license holder for New Code
Windows?
MR. McNEAL: Yes.
MR. JERULLE: The qualifier?
MR. McNEAL: Yes, sir.
MR. JERULLE: And you know through taking the test and
being the qualifier that a permit has to be in hand prior to any work?
MR. McNEAL: Yes, sir.
CHAIRMAN DICKSON: Any other questions?
(No response.)
CHAIRMAN DICKSON: Okay, County, closing arguments?
MR. OSSORIO: Well, I'd like to go ahead and recall Tom
Mariannino, just real quick.
CHAIRMAN DICKSON: Okay. You can stay there, Mr.
McNeal.
MR. MARIANNINO: Tom Mariannino.
MR. OSSORIO: Mr. Mariannino, just for the record, when you
-- can you tell us the date you had a meeting with Paul Bollenback and
the qualifier, Mr. McNeal in the city, city department?
MR. MARIANNINO: August 5th.
MR. OSSORIO: And on August 5th, was it kind of unusual that
Mr. McNeal wasn't there and the building official was talking about
New Code and Windows, that the owner of the company wasn't there?
MR. MARIANNINO: Yes.
MR. OSSORIO: Did you find that pretty odd that the owner of
the company wasn't present?
Page 51
~~tJmlr 1 ~2oo7
MR. MARIANNINO: I did.
MR. OSSORIO: No other questions.
MR. BOYD: I have a question. The Second Street job that was
8/26, was there a permit in process for that --
MR. MARIANNINO: I believe there was.
MR. BOYD: -- at the time?
MR. MARIANNINO: It was in permitting. It was not approved.
Oh, there was no permit? Okay.
There's so many of these, I get confused. Yes, sir.
MR. BOYD: So they hadn't even applied for a permit.
MR. MARIANNINO: No.
MR. BOYD: Thank you.
CHAIRMAN DICKSON: Do you have any questions of the
witness?
MR. McNEAL: No.
MR. OSSORIO: One other question for Mr. Mariannino.
Maybe you won't be able to answer the question, but how long
does it take to go through the process in the City of Naples for
replacing windows?
MR. MARIANNINO: In that particular case, it's two to three
weeks. And that's the entire process. And that's probably about the
time it takes him to build a window.
MR. OSSORIO: No other questions.
CHAIRMAN DICKSON: Thank you, sir. Appreciate you
commg.
Do you have anything else?
MR. OSSORIO: No.
CHAIRMAN DICKSON: Okay, closing statement by the
county?
MR. OSSORIO: I do.
Mr. Chairman, you heard testimony through the City of Naples
Building Department, you heard testimony from the Collier County
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lc6elnllr 17, A08 7
Contractor Licensing office. You've heard that our office issued a
notice to Mr. McNeal referencing if he continued to work without a
building permit it would constitute willful code violation.
You heard testimony from Mr. McNeal, who is the qualifier of
the company, stating the fact that he did violate the code, and he
understands it is willful.
So therefore, I believe that he has willfully violated 105 of the
Florida Building Code. And he also violated our section ofthe
2006-21 Collier County Ordinance 2.2.2, willfully violating the
Florida Building Code. That's all I have.
CHAIRMAN DICKSON: Mr. McNeal, do you have a closing
statement?
MR. McNEAL: Yes, sir. And I'll try to be very brief.
And I would plead with the board to realize that we have had a
huge company develop from nothing in about five years -- actually
about five-and-a-half-years; I've been with the company from the first
day of inception.
We have taken a lot of pride in doing work very well. Obviously
we haven't done as good with the permitting process as we should.
I have taken control. And I don't feel that I've lost control of the
company, as Mr. Joslin said. I think it's that I did not realize at what
point the permits were not going out with the jobs; in other words, the
money that was being pushed to try to get the jobs out the door, I was
not as aware of that as I should. And part of that has to do with the fact
that I was in the Naples office instead of the Fort Myers office.
I've made corrections to all of that with the owner.
By the way, when the August 5 episode occurred, my -- the
owner of the company was also on the phone a number of times with
Mr. Kennette and Mr. Bollenback, and spoke to them directly at that
time, expressing his need to get this problem taken care of, as well as
knowing that I was going to be taking care of it.
We have been talking daily. I talk to him every day, sometimes
Page 53
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Septemoer 1~, 2008
-- I was up there yesterday in Fort Myers, and feel that I have solved
the problem.
When you asked me before, Mr. Joslin, if! was able to risk my
license and the ability of the company to continue to do work based
upon the word that I'm giving you and say yes, that means a lot to me.
And that is where I am right now.
CHAIRMAN DICKSON: Thank you, sir.
Do I hear a motion to close public hearing?
MR. L YKOS: So moved, Lykos.
MR. JOSLIN: Second.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. QUITE': Aye.
CHAIRMAN DICKSON: Aye.
Have a seat, Mr. McNeal.
First thing we'll do is look at the charges after Mr. Neale gives
us our briefing.
MR. NEALE: With the new format, a lot of what I say here I'm
going to leave out from what I used to say in the past.
But basically the board has to ascertain that this is -- the
principles of fundamental fairness and due process were afforded to
the respondent.
When you're considering this case, you really can only consider
the evidence presented at this hearing today and exclude from your
deliberations any irrelevant, immaterial or cumulative testimony. But
you shall admit and consider all other evidence of a type commonly
relied upon by a reasonably prudent person in the conduct of their
Page 54
16 , st~\nbJ17, Z08
affairs.
Hearsay may be used to explain or supplement other evidence
but it can't be the only basis for your decision.
The standard in a case such as this, where the sanctions available
are those other than those affecting the license is that of a
preponderance of the evidence. Since this is a case against a state
contractor, the only sanctions available, should you find him in
violation, are to remove or restrict his permit-pulling privileges.
The standard in evidence to be weighed solely are as to the
charges set out in the complaint as Ordinance 90-105, Section 4.2.2,
which is willfully violating the applicable building codes or laws of
the state, city or Collier County.
In order to support a finding that the respondent's in violation of
this, you must find that the violations were actually committed by the
respondent. The facts must also show to a preponderance of the
evidence the legal conclusion that this respondent was in violation of
those.
This charge is the only one that the board may decide upon, as
it's the only one to which the respondent had the opportunity to
prepare a defense.
Any damages that are found, even though it's not a matter in this
case, must be directly related to these charges.
The decision made by this board shall be stated orally at this
hearing and is effective upon being read by the board.
The respondent, if found in violation, has certain appeal rights to
this board, the courts and the state construction industry licensing
board as set out in the ordinance, Florida Statutes and Rules, and in
the order itself.
If the board is unable to issue a decision immediately following
the hearing because of the questions of law or other matters of such a
nature that a decision may not be made at this hearing, the board may
withhold its decision until a subsequent meeting.
Page 55
1 /... 1;i" .
s'eptember 11;\2007
The board shall vote based upon the evidence presented on all
areas, and if it finds the respondent in violation of the administrative
complaint, the board shall also make findings of fact and conclusions
of law in support of the charges set out in the administrative
complaint.
So the board now will consider the first as to whether he was
violation.
CHAIRMAN DICKSON: Okay. The one count we're dealing
with and only one count is 4.2.2, willfully violating applicable
building codes or laws for the state, city or Collier County.
Any discussion or a motion?
MR. JOSLIN: I'll make a motion.
CHAIRMAN DICKSON: Go ahead.
MR. JOSLIN: Unless there's any other discussion.
CHAIRMAN DICKSON: He admitted to it.
MR. JOSLIN: Pretty much that's the way it has to go then.
In the case of2008-13, William -- or R. Michael McNeal, d/b/a
New Code Windows and Doors, License No. CGC-059099, the board
has found that -- I make a motion, I'm sorry, that the plaintiff (sic) be
found guilty of Count 1, 4.2.2, willfully violating the applicable
building codes or laws of the state, the city of Collier County (sic).
CHAIRMAN DICKSON: Do I hear a second?
MR. BOYD: Second, Boyd.
CHAIRMAN DICKSON: Discussion?
(No response.)
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
Page 56
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September 17t'2001f
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: It's unanimous.
Now we go to the penalty phase, and again, Mr. Neale.
MR. NEALE: As the board --
CHAIRMAN DICKSON: State certified contractor.
MR. NEALE: As the board has found the respondent in
violation, it must decide on the sanctions to be imposed. The sanctions
are set out in the codified ordinance of Collier County at
22-203(B)(1), and the revised ordinance in Section 4.3.5.
The sanctions which may be imposed include only the denial of
issuance of Collier County or city building permits, or requirement
that those permits be issued with specific conditions.
In imposing the sanction, the board shall consider the gravity of
the violation, the impact of the violation on the community and the
citizens of Collier County and the City of Naples, any actions taken by
the violator to correct the violation, any previous violations
committed, and any other evidence presented at the hearing by the
parties that's relevant as to the sanction that's appropriate for the case,
given the nature ofthis matter.
The board shall also issue a recommended penalty for the State
Construction Industry Licensing Board, and that penalty may include
a recommendation for no further action, recommendation of
suspension, revocation or restriction of the registration, or a fine to be
levied by the state board.
CHAIRMAN DICKSON: And Mr. Ossorio, what's the county's
recommendations?
MR. OSSORIO: The county's recommendation is a -- we do
make a complaint with the Department of Business & Professional
Regulations.
Page 57
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September 17,2008
CHAIRMAN DICKSON: Say that again?
MR. OSSORIO: We make a recommendation that you forward
this case to the Department.
We also recommend that the penalties be a $5,000 penalty to be
paid to the Board of County Commissioners, and no further action on
suspension of building pulling permit privileges.
I believe we should not pull his building permit privileges. We
should monitor it and see if indeed if it happens again.
MR. JOSLIN: Probation?
MR. OSSORIO: I don't think we can enact for probation, but I
think we're going to forward it to the state, let the state do their
independent investigation through their probable cause panel. And we
should just be able to recommend a $5,000 penalty to be paid to the
Board of County Commissioners.
MR. NEALE: Since he's a state contractor, that's not an available
remedy though.
CHAIRMAN DICKSON: Pardon me?
MR. NEALE: Since he's a state contractor, that's not an available
remedy.
CHAIRMAN DICKSON: The fine?
MR. OSSORIO: I'm sorry, it's a penalty. I'm sorry, recommend a
penalty of $5,000 fine.
MR. NEALE: To the state.
MR. OSSORIO: To the state.
MR. NEALE: Recommend to the state that they --
MR. OSSORIO: Yes.
MR. JOSLIN: As far as the suspension of his permitting
privileges, can we put some type of a probationary period on him
pulling permits in Collier County? Put restrictions on --
MR. NEALE: Certainly. Yeah, that's -- within the purview of the
board two things that the board may do is either deny the issuance of
permits or require that permits be issued with specific conditions, and
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~eptemlier 17, ~08
the board can set those conditions within its purview.
CHAIRMAN DICKSON: What about -- can we do investigative
charges?
MR. NEALE: No. You can recommend to the state that they
impose them, but this board cannot impose them.
CHAIRMAN DICKSON: We'll never get them back.
MR. L YKOS: Before the board starts to consider penalties, I'd
like to make -- I'd like to express two concerns.
One is that the owner of the company doesn't feel any of these
proceedings are important, whether at the city, meeting with Mr.
Kennette or being here today. If this was me, I wouldn't want anybody
but myselfto represent my company. That's number one.
Number two, to me it was conspicuous that all ofthese problems
are with City of Naples permits.
Now I pull permits in the county and I pull permits in the city.
And I can tell you that when Mr. Bollenback took over the city
building department, it took a lot longer to get permits. Mr.
Bollenback's staff goes over every permit application with a
fine-toothed comb.
Five, 10 years ago, I could get a condominium renovation permit
in five or six days. Now it takes three, four, five weeks.
I've met with Mr. Bollenback. They go over everything with a
fine-toothed comb. They do not take any chances; they represent the
public's best interests extremely well.
Because of the number of employees with the county, it's
actually easier to get a permit in the county now than it is in the city,
and it used to be opposite.
And I just find it conspicuous that the jobs that didn't get permits
were all in the city. To me this isn't about accidentally jobs going out
without permits. All of them in the city? To me there was -- I don't
want to imply there was a decision made to not get city permits, but it
is conspicuous to me that there were five jobs all within the city, and
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at least two of those were after the fact.
Somehow the city stumbled upon -- and I don't mean to imply
anything negative against the city, but somehow the city came upon
two projects that were already completed, never had a permit on the
job. And the last one that occurred, there was no permit applied for.
After the agreement was signed -- to me there's just obvious
disregard for the building permit process and for the consequences of
those actions. It's just too obvious. I mean, all in the city? Permits in
the city are a lot tougher than they used to be.
CHAIRMAN DICKSON: We're in discussion, and I -- the other
thing I do, I was accused this week of being too nice by somebody on
a -- and I usually am. But I always look at the gravity of the violation.
And I look at these windows, not only in high-rises, the danger
that is there. Not just from storms, but a child falling out of one. I look
at on the one story, these impact glass, you guys know how heavy
those are. One ofthose falling and crushing a child. I look at the
gravity of the violation.
And to be honest with you, I'm in agreement with you, I'm really
quite upset about this.
MR. JOSLIN: And unfortunately we can't do a whole lot to it
other than putting him on a pretty good restriction here in this county
and make the recommendations.
I think you're absolutely right, I mean, this is why I mentioned
the fact that I think he lost control of the company. Maybe it's a fact of
with the times and possibly yes, with the economy changing he
needed to proceed with his job to maybe make cash flow fall and do it
in a quicker manner and not have to wait the two or three weeks for
the permits. But nevertheless, guilt is guilt, no matter how you look at
it.
CHAIRMAN DICKSON: But the city's already worked with
him.
MR. JOSLIN: Exactly.
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September 17, 2~8
CHAIRMAN DICKSON: The city's already given him second
chances, and it didn't work.
MR. JOSLIN: I think everyone's given him as many chances as
probably are going to be given at this moment.
MR. L YKOS: The other issue that Mr. Joslin brought up is all
the owner of the company's got to do is hire a new guy to qualify his
business. And to me that's just even more disregard for the system. I'll
just go hire somebody else.
MR. JOSLIN: And that's a good indication of why the owner
may not be here. There's a possibility that this man could lose his job
and now he's got no qualifier, so he just can go get a new one.
MR. L YKOS: I don't know what we're allowed to do but I think
CHAIRMAN DICKSON: Well, here's what you're allowed to
do.
Read it again, Mr. Neale.
MR. NEALE: You can deny the issuance of Collier County or
city building permits, or require the issuance of permits with specific
conditions. What conditions those can be are fairly broad, so --
MR. L YKOS: Well, that second part doesn't work, because you
actually have to apply for a permit to put conditions on it. And it
seems like they have a history of not applying for permits. So that
doesn't do us any good, does it?
MR. NEALE: One thing this board has done in the past, it may
fit into this purview, a little bit of a shave on it, but -- is this board has
required that contractors advise them of every job they obtain.
MR. L YKOS: Well, that would be trusting them to do the right
thing.
The other concern I have, and I -- I was pretty quiet before. And
there's a lot of things about this that really bother me.
I've done replacement sliding glass doors and enclosed lanais
and those kind of things, and sometimes there's engineering that's got
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7
to be done in advance, there are buck inspections that have to be done.
And if you don't have to get engineering, it makes your job cost less to
the homeowner.
If you have a homeowner who's got a tight time frame and you
can do the job without a permit, it makes you more appealing to the
homeowner.
Again, I think that some of these things that have happened have
been business decisions and not accidents. I think these are contrived,
I think they're done intentionally, and I have a sincere concern about
those issues moving forward with this company.
MR. JERULLE: I agree. As a general contractor in this city and
county, I wholeheartedly agree with you, Tom.
A lot of things -- projects may have been done out there that we
haven't found out about. And without inspections, you don't know how
they're installed. And the public is being deceived by hiring this
company and trusting this company to install a window, a hurricane
glass that may not be actually hurricane proof. I have serious
concerns.
MR. L YKOS: And so you guys might not be familiar with how
some of this works.
If you're below 30 feet in a building, you have to have high
impact glass. 30 feet to 60 feet you have to have what's called small
missile impact glass. And then above 60 feet you don't have to have
impact glass.
Well, if a company is not getting permits, they could be more
price competitive if they're putting non-impact or small missile impact
on the lower 30 feet of a building.
I mean, there are so many things where you have to trust the
contractor to do the right thing. And without having the building
department to back up what's supposed to be done, I think that New
Code has created a competitive advantage for themselves by not
pulling permits. Not only the administrative cost for pulling the
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September 17, 20~
permit, but on all your things where a company could misrepresent
what needs to be done. I have a big problem with it.
MR. JOSLIN: On the other side of the coin now, I know that
you're on a roll here, but on the other side of the coin, you have to
look at the man's testimony and you have to look at the City of Naples'
testimony that, okay, all the permits we asked, were they all
completed and permitted and now they're done and inspected
correctly.
So on one side of the coin you say he did it wrong without a
permit, but on the other side of the coin you say, okay, it was done,
completed, and it is to code.
MR. JERULLE: But that's after the fact.
MR. JOSLIN: After the fact, right.
MR. JERULLE: That's after the fact. We don't -- I mean, not to
imply that there are problems, but we just don't know. And this is -- as
a board, this is a contractor that's not doing the right thing.
MR. JOSLIN: Exactly.
MR. JERULLE: And I'm just not comfortable moving forward.
MR. McNEAL: May I respond in any way?
MR. JOSLIN: No.
CHAIRMAN DICKSON: Let's bring it to a head. Someone give
me a motion.
MR. JOSLIN: I think there's only one -- while we're still in
discussion, I think there's only one -- either one of two things we're
going to be able to do here to make this motion fly. It's either suspend
his privileges here and recommend it to the board, or we put him on a
real strict probation as far as -- or not probation but restrictions to get
permits here in Collier.
We can't make him go get permits, but we can take his license if
he doesn't.
MR. JERULLE: I have a question. Ifwe do recommend this to
go to the state, how long does that process take?
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7
CHAIRMAN DICKSON: About three or four years. Right now
-- well, that's not you. But the state board has been running -- prior to
the downturn in the economy, they were running four years behind.
MR. OSSORIO: Well, Mr. Dickson, I would tend to agree with
you, but we heard a case several months ago, and we just heard back
from the construction licensing board and they are taking this
gentleman to their board very quickly.
So two months ago I would have said you're absolutely right,
don't hold your breath, you're not going to be here. But we did hear
confirmation from one of our -- we had a general contr -- if you
remember the general contractor with no insulation seven months ago,
well, that is proceeding to the Construction Industry Licensing Board.
It went through the probable cause panel, the attorney picked it up in
Tallahassee and they're scheduled to the board. So that is working.
CHAIRMAN DICKSON: Oh, good.
MR. MARIANNINO: I think before somebody makes a motion,
we should consider putting the company on probation, and that if this
happens again then we would restrict his ability to pull a permit in
Collier County immediately.
And at the same time recommend to the State Contractors Board
the maximum fine and investigation fees that they would see fit.
MR. L YKOS: I'd like to pull their permit -- permit pulling
privileges, even for a short time, just to make a statement, especially
to the owner, that this is very serious. And if decisions were made
because they wanted to expedite cash flow, that maybe it's for 30
days, maybe it's for 60 days, they can't pull permits in Collier County.
I think a statement's got to be made. Again, five permits all in
the city? Not a coincidence.
MR. JOSLIN: If it was -- I think you're absolutely right. I think
if it was just a fact of the license holder that's here before us today and
the owner were one in the same person, it would be a different story,
maybe we'd think a little differently.
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But now that we have a license holder and an owner and the
owner isn't here to really stand up for his own company that he owns,
it's like you, if it was my company, I'd have been standing tall, no
matter who my license holder was.
CHAIRMAN DICKSON: Somebody give me a motion, we'll
see which way it goes. We're kind of split.
MR. JOSLIN: I'll make a motion. I'll make a motion that we
suspend his permit pulling privileges in Collier County for the next 30
days.
CHAIRMAN DICKSON: This also includes City of Naples?
MR. JOSLIN: City of Naples, Marco Island.
And that this case be forwarded to the State Licensing Board for
investigation. And recommend a fine be imposed of $5,000. And also
to say that ifat any moment if this company, which is New Code
Windows and Doors, Inc., or the license holder ofR. Michael McNeal
are found in the City of Naples, Marco Island or Collier County doing
work here, that his license in Collier County is immediately revoked.
CHAIRMAN DICKSON: You can't do that. You can't revoke a
state license.
MR. JOSLIN: No, we can take his compo card, no?
MR. NEALE: No.
CHAIRMAN DICKSON: No.
MR. HERRIMAN: No, you can just take away his privileges of
pulling permits --
MR. L YKOS: You can suspend his permit pulling privileges.
MR. JOSLIN: Then I'll amend it to say that.
CHAIRMAN DICKSON: Okay. So suspension of permit pulling
privileges.
MR. JOSLIN: 30 days.
CHAIRMAN DICKSON: For 30 days?
MR. JOSLIN: Yes.
CHAIRMAN DICKSON: $5,000 fine.
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MR. JOSLIN: Recommended to the state --
CHAIRMAN DICKSON: Recommend to the state.
Investigative costs?
MR. JOSLIN: And administrative costs.
CHAIRMAN DICKSON: Of how much?
MR. JOSLIN: We can't set those, can we?
MR. NEALE: No, that has to be proven.
CHAIRMAN DICKSON: To the state.
MR. NEALE: You have to put evidence on them. The county
would have the opportunity to put the evidence on --
MR. JOSLIN: The case be forwarded to the state board.
CHAIRMAN DICKSON: Now, what happens after 30 days?
MR. HERRIMAN : We allow him to pull permits again and he'll
be on probation.
MR. JOSLIN: And after the 30-day period, ifhe has not been
found in violation of anything that we've set so far, that his permit
privileges be put on probation for six months.
MR. BOYD: One year.
MR. HERRIMAN : Yeah, one year.
MR. BOYD: One year.
MR. JOSLIN: One year?
MR. BOYD: One year.
MR. JOSLIN: One year.
CHAIRMAN DICKSON: Do you agree with this?
MR. JOSLIN: I'll agree with it, yes.
CHAIRMAN DICKSON: Have you got this?
MR. JERULLE: Can I ask a question?
CHAIRMAN DICKSON: Go ahead, Terry.
MR. JERULLE: If that passes, may I ask what his recourse in
the next 30 days is? I mean, he can appeal our decision?
MR. JOSLIN: Yes.
MR. NEALE: He can appeal the decision. First appeal is to -- is
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a motion for rehearing in front of this board.
MR. JERULLE: Which we won't meet for another --
MR. NEALE: Which will be heard in 30 days.
MR. JERULLE: In 30 days. Okay.
CHAIRMAN DICKSON: Okay.
MR. OSSORIO: So what was that, Mr. Neale? I'm sorry, I didn't
catch that. What was that last?
MR. NEALE: Well, ifhe requests a -- ifhe appeals, the first line
of appeal is a motion for rehearing with this board. That hearing
would be heard at the -- that motion would be heard at the next board
meeting, which is 30 days from now.
MR. OSSORIO: Okay, thank you.
CHAIRMAN DICKSON: So we want a 30-day suspension.
After the 30 days, his permit pulling privileges will be reinstated.
MR. JOSLIN: And placed on probation.
CHAIRMAN DICKSON: Placed on probation.
MR. JOSLIN: For a year.
CHAIRMAN DICKSON: For one year. Probation meaning that
he'll come back before this board; is that correct?
MR. NEALE: The board can set the terms of the probation.
What normally would be is he would operate under the supervision of
staff. If they have any issues at that point, then it will be brought
before the board for further review.
CHAIRMAN LEFEBVRE: Or you can do revocation ifthere's a
violation during that probation.
MR. NEALE: You could if there's a violation during probation
say that privileges are not suspended but they are revoked.
CHAIRMAN DICKSON: What do you want?
MR. JOSLIN: I'd like to see them suspended first and then
revoked ifthere's any other actions taken by him.
CHAIRMAN DICKSON: After 30 days.
MR. JOSLIN: After 30 days.
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CHAIRMAN DICKSON: And fine and turn it over to the state.
MR. JOSLIN : Yes.
MR. HERRIMAN: I second that motion.
CHAIRMAN DICKSON: Okay, now discussion.
MR. JOSLIN: Is 30 days long enough?
CHAIRMAN DICKSON: I don't know.
MR. JERULLE: I think that 30 days sets a message -- sends a
message.
MR. JOSLIN: Sixty I think would hurt him too much. Not that
I'm not concerned about being hurt, but I don't want to see the
company have contracts out here somewhere else and can't pay the
bills. But it sends the message.
MR. JERULLE: Do we want to discriminate between the city
and the county, since he has been pulling permits in the county and
hasn't in the city? Do we want to specify one or the other, or do we
want to include --
MR. L YKOS: I think you include the whole county.
MR. JOSLIN: The motion includes the City of Marco, Naples
and Collier.
MR. BOYD: The motion includes --
MR. JOSLIN: All the jurisdictions.
MR. JERULLE: Can he apply for the permits --
MR. L YKOS: So it will sting more--
CHAIRMAN DICKSON: Whoa, whoa, whoa, one at a time.
MR. GUITE': Can he apply for permits and just not be issued
until after the 30 days?
CHAIRMAN DICKSON: Yeah, he could apply.
MR. JOSLIN: Sure.
CHAIRMAN DICKSON: They're just not going to be issued.
MR. QUITE': Okay.
CHAIRMAN DICKSON: They take five or six weeks. They'll
be ready when he's clean.
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September 17, 2cmS
MR. JERULLE: Is that true, Michael, you can apply if you're --
MR. OSSORIO: I would say Mr. Dickson's correct. He can
apply for a building permit, he just can't be issued a building permit.
MR. JOSLIN: Now, that might not be correct. Maybe someone
from the City of Naples can verity that. But I think you have to have a
valid license active in order to begin the process of a permit.
MR. OSSORIO: No, not necessarily. Typically -- and I can't
speak to the City of Naples, I can speak to Collier County, that if
you're inactive, we will let you apply for a building permit but you
can't -- we can't issue it until you become active and current.
MR. JOSLIN: I think we better check that close, because I'm
pretty sure now they have rules that if your license is on hold you can't
get inspections, you can't do anything.
MR. OSSORIO: Oh, you're absolutely right. But you can't get
inspections without having something issued.
MR. JOSLIN: I'm not sure ifhe can be --
MR. NEALE: But, the thing is, this doesn't affect his license at
all.
CHAIRMAN DICKSON: This is not his license.
MR. NEALE: His license is not on hold, his license is still
active. All it does is affect his permit pulling privileges in Collier
County, City of Naples and City of Marco Island.
CHAIRMAN DICKSON: And it does not revoke any current
permits.
MR. NEALE: No.
CHAIRMAN DICKSON: He can still get inspections on those.
MR. JOSLIN: Okay.
MR. L YKOS: Well, I don't like the fact that he can apply for
permits. If it takes three weeks to get a permit, that makes this a
one-week penalty. That's no good.
MR. NEALE: Well, no, it does suspend his permit pulling
privileges.
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stp~mber 17, 20~
7
MR. L YKOS: For 30 days. But the point is, if it takes three
weeks to get a permit, then it really becomes a one-week penalty.
Because one week into the suspension he can go apply for a permit
and the day the suspension's over he can pick up his permit ready for
pick up.
MR. JERULLE: That's -- you're correct, moving forward, you're
correct. But he may have already applied for permits. Well --
CHAIRMAN DICKSON: There's gaps.
MR. JERULLE: -- hopefully he's applied for permits that he will
not be able to pick up in the next 30 days.
MR. NEALE: He could have applications in process that he
could not pick up because of this sanction.
CHAIRMAN DICKSON: There's a 30-day gap there.
More discussion?
(No response.)
CHAIRMAN DICKSON: Everyone clear on the motion? Yeah?
(No response.)
CHAIRMAN DICKSON: Okay, let's call it for a vote. All those
in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Opposed?
(No response.)
CHAIRMAN DICKSON: It's unanimous.
Mr. McNeal, responding some more legalese here.
R. Michael McNeal is the holder of record, License No.
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(
CGC-059099, the Board of County Commissioners of Collier County,
Florida is the complainant in this matter.
Number three, the board has jurisdiction -- I'm sorry, I skipped
from one to three. The board has jurisdiction of the person of the
respondent and that R. Michael McNeal was here, present at the
hearing and was not represented by counsel at the hearing on this date,
September 17th, 2008.
Number four, all notices required by Collier County Ordinance
No. 90-105 as amended have been properly issued and were
personally delivered.
Number five, the respondent acted in a manner that is in
violation of Collier County ordinances and is the one who committed
the act.
Number six, that the allegations of fact as set forth in the
administrative complaint as to 4.2.2, willfully violating applicable
building codes or laws of the state, City of Collier County (sic) are
found to be supported by the evidence presented at the hearing.
Conclusion of law. Alleged and set forth in the administrative
complaint as to the Count 4.2.2 are approved, adopted and
incorporated herein. To wit: The respondent violated Section 4.2.2 of
Collier County Ordinance No. 90-105, as amended, in the
performance of a contracting business in Collier County by acting in
violation set out in the administrative complaint with particularity.
Order of the board: Based upon the foregoing findings of fact,
conclusion of law, and pursuant to the authority granted in Chapter
489, Florida Statutes, and Collier County Ordinance No. 90-105 as
amended by a vote of eight in favor and zero opposed, a majority of
the board members present, the respondent has been found in violation
as set out above.
Further, it's hereby ordered by a vote of eight in favor and zero
opposed, a majority of the board members present, that the following
disciplinary sanction and related order are hereby imposed upon the
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7
holder of Collier County contractor's -- or State License CGC-059099,
to wit: That permit pulling privileges are suspended for 30 days from
today for the next 30 days. Permit pulling privileges will be on
probation for the next one year after that 30 days. And this will be
turned to the state for their review and action.
MR. NEALE: There needs to be the recommendation to the
state.
CHAIRMAN DICKSON: Recommendation to the state is a
maximum fine and $1,000 investigative cost for this board.
Okay, are you clear on what we've done?
MR. McNEAL: Yes, sir.
CHAIRMAN DICKSON: We were harsh.
MR. McNEAL: Yes.
CHAIRMAN DICKSON: We started to be harsher.
MR. McNEAL: Yes.
CHAIRMAN DICKSON: We're somewhere in the middle. But
given the gravity of your business, we were quite serious.
MR. McNEAL: I understand.
CHAIRMAN DICKSON: Okay? So pass that on to your owner.
If he has Collier County cable, he can watch this tonight on television
and see what happened. So they do a replay.
So we wish you well, we hope you do go forward and there's no
more trouble.
MR. McNEAL: There will be none, and there would have been
none without this reprimand. But I understand the situation.
CHAIRMAN DICKSON: Okay. We wish you well.
MR. McNEAL: Thank you, sir.
CHAIRMAN DICKSON: Thank you.
I'm going to push forward. I know that there's probably some
wanting a break, but I don't see the next case.
MR. OSSORIO: That's right, Mr. Chairman. The next case is
2008-14, Damian Sharp, has been dismissed.
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CHAIRMAN DICKSON: Been dismissed.
So we get to talk to Sergio. Sergio, would you come up here.
MR. GONZALEZ: Good morning, all.
CHAIRMAN DICKSON: Good morning.
MR. L YKOS: Morning, sir.
CHAIRMAN DICKSON: You want to introduce Sergio?
Gentlemen, thank you from the city.
MR. MARIANNINO: You're welcome. Thank you.
CHAIRMAN DICKSON: You want to introduce Sergio?
MR. OSSORIO: I do. Mr. Sergio Gonzalez, MSIT.
Sergio Gonzalez is well known in Miami. He is the Supervisor
or the Regional Manager for the Department of Business &
Professional Regulations. We work close with his office in Fort
Myers.
He's a 17-year veteran of Miami-Dade Police Department in
Miami. He has a Master's Degree.
And I welcome him here to talk to the board. And if you could,
discuss a little bit about what the State's doing, how the State's doing
in their investigations and how does a local licensing board fit into the
State Licensing Board versus complaints.
MR. GONZALEZ: Okay. I don't know how many of you know
exactly what DBPR is. And I'll give you just a little brief before I go
into that. Because there are some misconceptions.
DBPR is divided into several divisions. Our division is
particularly that of regulation. That means that we actually investigate
licensed and unlicensed claims of wrong-doings.
The unlicensed part of course, we go after them in many ways,
which actually is beneficial to the city as well as the county as well as
us.
The unlicensed, if they advertise, it's $1,000 automatically.
There's no financial harm.
Second, if we have a contract with an unlicensed individual that
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September 17,2068
no financial harm's been done, it's $2,500 off the bat.
They can dispute the citation. However, that citation, if
disputable, the fines can go from $5,000 to $10,000 if found guilty.
Flat out. There's no ifs, ands or buts.
Second of all, with the unlicensed person, we go ahead and
submit it to the State Attorney's Office. We have had great success
over the last two years in prosecuting a lot of the unlicensed people.
Some have received a slap on the hand, but some others have
received jail time and restitution to these individuals who they have
taken monies from.
One, I think it was about a year ago, had a gentleman that
decided he was going to go ahead and pull some contracts,
approximately 68 of them. At first it was determined -- somebody
determined that it was a misdemeanor. Well, after we got ahold of it,
we started looking at our administrative code and we started looking at
the emergency executive orders that came out, and 10 and behold, they
all became felonies. From 68 misdemeanors, they went to 68 felonies.
And he was found guilty of all ofthem. So he's going to be in jail for I
think a little while.
So that's to give you that part of it.
Now, the other part of it. As far as part of the Department of
Business & Professional Regulations and those that we regulate, we
regulate 19 licensees, 19 different types of licenses. Everything from a
vet, construction, electrical, geologists, community association
managers. All these are all within the purview of my office.
My investigators are, as you can tell, are well rounded in these
areas to be able to address these factors.
How does the county come into play? The county assists us
quite a lot, because they are literally the people that are out there for
us. They can see and they a lot oftimes refer to us unlicensed activity
that we go ahead and act up on.
Collier County's very, very good about doing that. We have
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September 17, loll8
other counties that don't have the manpower, so they submit
everybody to us, and we go after them via through advertisement or
through actual contracts.
You had talked about earlier with the owner/builder situation.
The owner/builder situation is, as we were discussing earlier or I heard
back and forth, is that ifhe's there, he's supervising. Ifhe's not there,
he's not supervising.
If the owner is not paying -- is paying this individual and he's
pulling FICA and has Workers' Compensation, no problem. But ifhe's
not, that automatically -- it's an assumption that this person has
entered into a contract either verbal or in writing and is being paid on
the side, and as such constitutes an unlicensed contract. So we take
that into consideration.
Now, with regards to going after the homeowner, it's not likely
in certain aspects. But where it is very, very likely, and we have
several cases that we're developing at this moment where a
homeowner has decided he's going to go ahead and fix up his house,
he pulls an owner/builder's permit. He puts his house up for sale
within three weeks of getting the permit and he sells it within that
time. We obviously will go after him the first time. And chances are
they'll get a slap on the hand.
We follow it through. Let's say as an example now he buys
another place and he does the exact same thing. We again go back to
the process, now we're going after him not just on the administrative
part, now we're going to go after him criminally as well.
The first time we'll give him the benefit of the doubt. Our office
will obtain all the information. We compile it, we send it up to the
board -- or actually we send it up to our attorney's office of general
counsel who will review it and determine probable cause, at which
time it's presented.
We were talking about earlier as far -- or as I heard from Mr.
Dickson about the process with the licensing board. And from Mr.
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Ossorio, They have picked up speed on it. So they are bringing them
faster and faster to probable cause.
What helps determine a lot is our speed down here of getting it
to them. To give you a general idea as to why some of these things are
speeding up is our office, when I first took it over about two years ago,
we had a little bit over 500 cases. That meant a little bit over in just
the regulation part, not to count the farm labor and the child labor
cases, which are separate. That meant that each one of my
investigators had approximately 135 cases on their workload.
This is extremely hard to get moving within the 180 days that we
would like it to leave. Because that way, at 180 days that means it can
get up to the board that much faster. That means it can be assessed
probably cause and go in front of the board.
What we have done now is we've been able to bring it down
from the 500-odd caseload that we have to a very manageable
approximately 88 cases in the office.
That means that we can turn around these cases much faster and
they're going up in front of the board. For example, this case will
come into our office, we will get it, we will turn it around and try to
turn it around within three to four months, it's gone. It's going up to
the OGC, which will determine probable cause and immediately put it
on the docket for the probable cause panel -- or the board.
So as you can see, we're trying to speed things up to assist the
counties and the citizens in getting their just desserts. And these
violations to be heard immediately, or as closely as possible to
immediacy.
Can I answer any questions?
CHAIRMAN DICKSON: You're still in Lee County?
MR. GONZALEZ: Yes. I handle -- my office handles
everything from Sarasota to Naples, Highlands County and into
Highlands County. So we handle eight counties. I make sure that I -- I
try, let's put it this way, to make it to as many counties as possible,
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either to the building departments, either by phone or physically going
there to meet with the building departments to keep our presence out.
CHAIRMAN DICKSON: How are you doing -- I met Sergio a
couple of years ago, and he's the best I've ever worked with. In fact, I
recommend you get his card. I hope you brought enough. Good.
But in my trade magazines, I see guys selling their licenses. All
of you have got to be seeing it as well. I've been sending those up to
him for the last couple of years, because it's always got an e-mail and
a phone number for you to call.
What have you been doing and what kind of success have you
had with guys selling licenses?
MR. GONZALEZ: A lot of times, believe it or not, they fess
right up. They do. And we write them a $500 citation right off the bat.
And then of course we keep them on an Excel spreadsheet where we
check them as if anything comes in or we hear anything else or we see
in a trade publication where his number's coming up, we're going to be
calling him. Because the next one is no longer a citation, now it's a full
investigation.
And we will include the previous, because that's our foundation,
if you want to call it, the precedent for continuing on.
I'm sorry, I'm getting away from the microphone. I like to walk
around a lot. This is like very restricting.
But that's what we'll do. And that's what we are doing. We're
passing it on -- anything that is given to me, that's sent to me via my
e-mail or by fax is given over to my unlicensed activity person, if it's
unlicensed.
If it's licensed, I read it and I pass it on to one of my
investigators for them to go ahead and issue a citation. Or ifthere is
some gravity to it, then we'll go ahead and open an investigation
against the individual. We actually look into all aspects of it to make
sure that this person is being paid in a lot of those cases, the 1099
form, which is a no-no.
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It's either -- in order for a person to qualify -- just a little
background. In order for a person to qualify a corporation, he has to be
one of two things: He either has to be a member of the board or has to
be an employee -- I mean, not of the board, of the corporation, or an
employee. An employee is not a 1099. An employee means that they
will pull everything, workers' comp., they will pull insurance, they
will pull FICA, they will pull everything, and he gets a check from
that company, not on a 1099.
So I go out and I give a lot of presentations. And one of the
presentations that I do always to contractors is that same thing. A 1099
is not, is not, an employee of a company. He's working as a
subcontractor, and as such that company we'll go after.
CHAIRMAN DICKSON: Thank you.
Anybody else?
MR. OSSORIO: Sergio, how is the State Recovery Fund doing?
Do you know anything about that?
MR. GONZALEZ: Not really. And they really -- to be honest
with you, they say it's hands off for us.
MR. JOSLIN: I'd like to ask a quick question. I guess maybe I
shouldn't or not, but I'm going to ask anyway.
MR. GONZALEZ: Go ahead.
MR. JOSLIN: With our licensing board that sits here now, made
up of these nine (sic) people on the board, we're always restricted
when it comes to a state-certified contractor. Is there any reason of
why that happens?
Because the way I see it, after being on this board this many
years, the same laws and rules apply in Collier County as they do in
the State of Florida. So what makes us not be able to penalize or
restrict a state-certified contractor just because he's a state-certified
contractor?
MR. GONZALEZ: And that's why you just said it. Because he's
a state-certified contractor. Were it be a registrant, you have full
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SePtelb~ /7,~OO~ 7
authority over that individual. State statute is what mandates that.
MR. JOSLIN: That's what mandates it.
MR. GONZALEZ: Yes. And that's --
CHAIRMAN DICKSON: And there was a move to change that
about -- how many years ago was it?
MR. OSSORIO: Yeah, there was a House Bill a couple of years
back. The CLOAF, Licensing Official Association sponsored the bill.
And unfortunately we would try to get more jurisdiction with local
boards but it was defeated before it even got to the full Senate due to
the fact that unfortunately the lobbyists, the contractors association,
the LAPUL (phonetic) Association -- I can give you the literature on it
-- they actually stopped it before it even got to revoked.
So we're talking about lobbyists. And unfortunately Sergio has
really nothing to do with it. It's big business construction industry.
And they like to home rule, have Tallahassee do all the work.
MR. L YKOS: Mr. Gonzalez, in could speak as a member of the
Collier Building Industry Association, when we get a difficult market
like this, a lot of our members complain about unlicensed activity and
maybe people working outside of the restrictions of their license. And
a lot of those complaints come to the officers of our association. And
I'll call Michael and let him know when members get really vocal
about some specific issue.
It would be great if we could let our association know the kind
of things that you are accomplishing. Is there a way that we could get
a report or a quarterly letter or something that we can share with our
members and see -- let them know that their officials at the county
level and also at the state level and DBPR is doing its job? It may be
great if we could give that information to our members.
MR. GONZALEZ: We don't really have anything going out like
that, but I would be more than glad to come in to any of your meetings
and speak at your meetings. More than glad to.
As a matter of fact, let me just, while we're doing this -- let me
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~e~e~bt 17, lAos 7
pass out my card. Just so that I make sure that everybody gets one.
MR. OSSORIO: Mr. Lykos, there is a monthly report from the
state newsletter, and I'll forward that to you. And also, there is also a
monthly Construction Industry Licensing Board findings and facts.
And that's throughout the state.
So you might get four or five pages of contractors who went in
front of -- when you go to the construction licensing board, they're
going to see I don't know how many, you know, people -- Mr.
Dickson's probably been there before, I'm not sure. But you'll see 34
contractors go one after the other. And then they post that on a web
page. I think Mr. Dickson's given that once before, and I get it
probably once a month. And I'll make sure we forward that to you.
MR. L YKOS: That would be great.
MR. OSSORIO: And also, on the licensing level locally, we
have monthly reports: How much money we generated, how many
citations we issue, how many people renew, how many people have
been canceled, how many fines. And that's on a monthly basis as well,
so that's something I can bring to the board.
I think we did do it a couple of times because the licensing board
was interested, they want to see what we were doing on a monthly --
but we haven't done in awhile. Maybe I'll bring that back.
MR. L YKOS: Ifwe can bring that to our members on a monthly
basis, even a quarterly basis, I think it will make people feel a little bit
better that the unfair competition is being controlled as best as we can.
CHAIRMAN DICKSON: There is a newsletter.
MR. JOSLIN: Isn't there something in the DBPR web page --
CHAIRMAN DICKSON: Yes.
MR. JOSLIN: -- where it lists all the activity or unlicensed work
or activities --
MR. NEALE: You can get the findings of fact on the web page.
MR. JOSLIN: Sure.
MR. GONZALEZ: You just put the person's information in and
Page so
1s~t{Jer 17,~0087
you will receive all that information.
Now, Mike was bringing up about the results of the board, the
monthly board. If you all e-mail me, I'll make sure that I include you
in my dispersal for that. I get them -- you know, I get them more or
less at the same time that it's posted on the web. But if you don't have
the time, at least you'll have it on your e-mail and you'll be able to
read it. It's a Word document and I'll be able to give it to you with no
problem.
CHAIRMAN LEFEBVRE: And that's how I met Sergio, is he
came to a Roofing Association meeting and spoke to us and that was
the hot topic was unlicensed contractors. So yeah, you would enjoy
having him.
MR. GONZALEZ: We can assure you that if you give it -- if
you send it to me, okay, be it -- let's say as an example you find
someone out there that's doing unlicensed work or even if it's the
signage on the vehicle is questionable, please send me a picture, the
side of the van or the side of the truck, whatever it might be, a shot of
the tag, and send it to us. I'll research it.
Before I pass it on, I always look at all of it. I don't just pass it
on. Because in can address it right then and there, I will. In find of
course that there is some unlicensed activity, it immediately gets sent
to my unlicensed person for them to look into it, acquire a case
number.
And if you do that, I will respond back to you. As a matter of
fact, I'm going to make it a point that when anyone, anyone of you
here or anyone that's in some of the conferences that I give provide me
an e-mail and you send me something, I'm going to make it a point to
show you the follow-up so that you know what is going on, at least
either -- if it's unlicensed, I can give you a case number flat out. I can
talk about those all day long. If it's -- I'm sorry, an unlicensed.
If it's a licensed, I'm pretty much tight-lipped about it. And
you're not going to pull anything out of me. Aside from the fact that
Page 81
sept~bt 17, 20t\ 7
yeah, I received it. Because that's the way it has to be, unfortunately.
Or fortunately. Because we do owe fiduciary responsibility to all
licensees in the State of Florida, with one exception. Only one.
CHAIRMAN DICKSON: Attorneys.
MR. NEALE: We're not regulated by them.
MR. GONZALEZ: No, but we're trying to get them.
MR. NEALE: I know, you keep trying.
MR. GONZALEZ: Yeah, we keep trying, and hard. No,
actually, believe it or not, it's community association managers. We
can talk about them all day long. Statutorily we can talk about them all
day long, which is rather nice.
CHAIRMAN DICKSON: Their communities do anyway.
MR. GONZALEZ: Anything else, gentlemen?
(No response.)
MR. L YKOS: Thank you for being here. We appreciate it.
CHAIRMAN DICKSON: Thank you, sir.
MR. GONZALEZ: It's been a pleasure. Thank you for having
me.
CHAIRMAN DICKSON: Appreciate it.
I'm just glad to hear that the State's catching up like they are.
Because where that came was remember after Hurricane Andrew in
Miami -- you were a cop then. You probably got some stories from
Andrew to tell.
MR. GONZALEZ: And then some.
CHAIRMAN DICKSON: But I had to go before the board in
Miami. It was -- they had the wrong name, but I still had to go over
there. And the county board in Miami, Dade County at the time was
25 or 2,600 cases behind. While we handled three cases today but two
of them were dismissed. Imagine that kind of number. And then the
state was behind as well. So it's good they are catching up.
Anybody else got anything else?
MR. NEALE: One piece of housekeeping is the new form and
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I ~elt~!be~17, los
format for the hearing order outline, you probably ought to adopt that
as being part of the procedures ofthe board, if it's the board's pleasure.
CHAIRMAN DICKSON: A lot better than what I've had to do
in the past. It's called Hearing Procedures and Order Outline Form as
submitted September 17th, 2008.
I move that that become standard procedure for reading at the
conclusion of all cases before this board.
MR. JOSLIN: Second the motion.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
MR. JERULLE: Can I get a copy of that?
MR. JOSLIN: Yes, we should all have a copy of that.
MR. NEALE: It will be in the minutes, because I gave it to the
clerk, so she'll --
CHAIRMAN DICKSON: Oh, okay.
Next meeting date is what?
MR. GUITE': 15th.
CHAIRMAN DICKSON: October 15th?
MR. OSSORIO: Mr. Chairman, just to make sure you
understand, it's going to be 609-610 Conference Room. It's not going
to be in the Board of County Commissioners' chambers. It's down by
Horseshoe Drive, and it's at 10:30, not 9:00.
CHAIRMAN DICKSON: Glad you said that.
MR. JACKSON: That's October, November, December.
MR. NEALE: All three months? Okay.
Page 83
Isgt!m~er 1 Ao07
CHAIRMAN DICKSON: 10:30, October 15th.
MR. L YKOS: Then we're back here after that?
MR. OSSORIO: Yeah, January 1st.
Now, the only thing is, is that I know that from past experience
that the Chairman likes to take off November or December, because
one's Thanksgiving, one's Christmas. So we'll talk about that next
meeting.
MR. L YKOS: Is that the Community Development building?
MR. OSSORIO: Exactly, 609-610.
CHAIRMAN DICKSON: Where we've met before.
MR. OSSORIO: Where we've met before.
MR. JOSLIN: Right next to the inspections office, just down the
hall.
CHAIRMAN DICKSON: Okay, motion to adjourn?
MR. L YKOS: So moved, Lykos.
MR. JOSLIN: Second.
CHAIRMAN DICKSON: All those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. JOSLIN: Aye.
MR. BOYD: Aye.
MR. HORN: Aye.
MR. GUITE': Aye.
CHAIRMAN DICKSON: Aye.
Have a wonderful day.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :25 a.m.
Page 84
1611 it ..,
S~tembm 17,~008
COLLIER COUNTY CONTRACTOR
LIC6t~~ _ &~___ _
LES DICKSON, Chairman
These minutes approved by the Board on
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC. BY CHERIE'
NOTTINGHAM
Page 85
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Coyle -Ai:::: '"> "[;,:;'<1 J" ,:Cll;'-L!Y ',:OPlII!ISSI()IWr~
Coletta -"\f--<<
MINUTES OF THE MEETlNG OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, September 3,2008
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference
Room #610 in the Collier County Community Development and Environmental
Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Varian
Charles Abbott
James Boughton (Absent)
Clay Brooker (Excused)
David Bryant (Absent)
Laura Spurgeon Dejohn
Dalas Disney
David Dunnavant
Marco Espinar (Excused)
Blair Foley
George Hermanson (Excused)
Reed Jarvi
Thomas Masters
Robert Mulhere
Mario Valle
ALSO PRESENT: Joe Schmitt, Administrator, CDES
Judy Puig, Operations Analyst. CDES
Catherine Fabacher, LDC Manager, Zoning & Land Development
Gary Mullec, Business Management & Rudget Manager Mile. CcIlNI:
Bob Dunn, Director, Hldg. Review & Permitting III q, I ~
Lisa Koehler, Principal Planner. Transp0l1ation 011I: l
Billl.orcnz, Director. Engineering & Environmental se~fu~9(JlqJ::(\~A-g'
..Ie
1611
A
8
September 3. 2008
I. Call to Order
The meeting was called to order at 3:35 PM by Chairman William Varian.
A quorum was established.
II. Approval of Agenda
Thomas Masters moved to approve the Agenda. Second by Dalas Disney. Carried
unanimously, 9-0.
III. Approval of Minutes
Robert Mulhere moved to approve the Minutes of August 6, 2008 as presented.
Second by Dalas Disney. Carried unanimously, 9-0.
(3.. 38PM - Charles Ahbolt arrived)
IV. Staff AnnouncementslUpdates
A. CDES Update - Joe Schmitt
No report.
B. Transportation Division - Nick Casalanguida
Lisa Koehler gave the following updates:
. Bids are being accepted on the Santa Barbara Extension Project
· Davis to Copperleaf, and Radio from Santa Barbara to Davis, is
approximately 65% complete.
. Route 951, from 41 to Davis, is 30% complete with tinal completion
anticipated for September, 2009
· Route 951, from Golden Gate to Immokalee Road, is 84% complete with
tinal completion anticipated for March/May, 2009
· Immokalee Road is open (all lanes); neW landscaping has been completed
· Rattlesnake-Hammock is open (all lanes)
· Vanderbilt Beach Road. from Airport-Pulling to 951. is anticipated to be
completed by December, 2008
· Vanderbilt Beach to 951 - signaling has changed - there have been problems
with thc phasing - drivers can get stuck in the turn lanc
· Intersection of Collier and Immokalee (north side/Tree Farm) -right of way
is being obtained
. COA Administrative Procedures - a summary is being prepared and will be
presented to DSAC in Octobcr
C. Public Utilities/Engineering Division Update - Phil Gramatges
No report
D. Fire Review Updatc - Ed Riley
Ed Riley stated his department prcformed 850 rcviews last month. The turn-around
time for first submittals has averagcd six to Seven days with second reviews bcing
completed in thrcc days.
2
1611' iA 8
September 3. 2008
Dalas Disney asked Ed Riley if he had been consulted concerning coordinating
framing inspection sequences with issued fire alarm sprinkler permits.
Ed Riley stated he had not been contacted.
V. Old Business
A. Stormwater/Flood Damage Prevention Ordinance - Robert Wiley
A question was asked concerning the draft of the Ordinance that had been distributed.
Robert Wiley stated he recently received an email from Stan Chrzanowski with the
proposed changes to Section 24. pages 38 through 44, which were not part of the
draft.
Chairman Varian stated it would be difficult to make any decisions concerning the
Ordinance without first reading the revised Section.
When asked about the public and private costs of implementation, Mr. Wiley stated
to implement every change over the course of a multiple-year period would be several
million dollars. The most expensive item is the requirement for certification of the
drainage system by a Professional Engineer every three years.
There was discussion concerning the inspection requirement, potential legal issues
and whether or not a Professional Engineer would be the only individual allowed to
inspect the system. The Committee suggested asking Mr. Chrzanowski to attend the
meeting to explain the proposed modifications.
Public Comment:
Ray Sakraida, Chairman of the Emergency Management and Stormwater
Control Committee at Island Walk, stated he did not support the Ordinance. Island
Walk functions as a catch basin to collect water from communities north and east of
Island Walk, through a weir system that ultimately deposits it into the Vanderbilt
Beach canal. The Island Walk system was inspected throughout the day that "Fay"
struck with the drainage system and drain pipes working properly. The Homeowners'
Association has a tiduciary responsibility to maintain the Island Walk system. It is a
compliance issue and his Committee devised a written action plan with a checklist to
assure structured proper maintenance. He questioned the need for an additional
engineering certification.
He stated any problems that exist are south of Island Walk at the Golden Gate main
canal.
Bill Lyon, President ofthe Island Walk Homeowners' Association, stated the
Association is pro-active and responsible for monitoring the performance of its
storm water system. The Association is opposed to the Ordinance. Island Walk has
procedures in place to properly maintain its drainage system. Any necessary, or
perceived, repairs are completed in a timely manner. He suggested the County should
propose an alternative plan that is Code-based to lilcilitate compliance.
J
1 6 I SltembA,20<8
When questioned by a Committee member about when Island Walk's plan was
implemented, he stated it was devised in 2007 and the Property Manager visually
inspects all of the storm drains and spillways on a yearly basis. He further stated
Stormwater Control was just one component of the Community's Emergency
Management Action Plan.
Kathleen Robbins, Treasurer of the Bayshores at Vanderbilt Beach Condo
Association, stated her community is small and without the financial resources of
Island Walk. She stated those associations which do not have problems are being
asked to bear the costs for those communities that are in trouble. It is in each
community's best interest to make sure that its stormwater drains are clear. She
opposed adoption of the Ordinance stating it "would place a body cast on all of
Collier County when only a couple of places are broken." She suggested only those
communities with problems should be monitored on a yearly basis.
Kathleen Adams, Vice President of the Village Walk Homeowners' Association,
stated she also represented the Presidents' Council of Greater Collier County. All of
the Homeowners' Associations that are part of the Council recognize it is their
community's responsibility to maintain its stormwater drains. Village Walk's search
teams inspect the drains after every storm. She questioned who was going to take
care of the individual homes on Granada, Alhambra and Hunter's Ridge since those
properties are not part of any Homeowners' Association.
Robert Wiley stated each situation would be decided by the Board of County
Commissioners on a case-by-case basis to determine the responsible entity. It would
depend upon what was specified on the Plat when a Homeowners' Association either
did not exist or ceased to function.
Ms. Adams statcd there are hundred of homes that were never part of a development
or Homeowners' Association whose storm drains have been maintained by the
County and paid for by taxes assessed to each community. She stated her Association
was opposed to this Ordinance.
When questioned by a Committee member concerning if Village Walk also had a
manual, Ms. Adams stated the procedures were recently formalized into a written
document, but had been followed since] 998.
A Committee Member suggested adding the following sentence to the Ordinance.
"Private storm water systems should he the responsihility olthe Homeowners'
Associations to inspect and maintain." He further suggested a compilation of "Best
Practices" could be developed as a resource for Ilomeowners' Associations to assist
in mai ntaining thei r systems.
Ms. Adams also objected to the requirement to supply as-built drawings every nine
years. She stated the drawings should be required only when there was a change to
an existing system. She compared forcing communities to spend thousands or
dollars more to do what is already being done as "taxation without rerrcse\1tatio\1."
4
16fr A 8
September 3, 2008
A Committee Member asked how the Ordinance would affect already identified
problematic communities and cited the Naples Park drainage system.
Robert Wiley stated Naples Park is an older Plat from the 1950s. It does have a
South Florida Water Management System permit and a DEP permit Since there is
an approved SFWMS permit, the County is responsible for providing an engineer's
certification every three years that the system is functioning as designed.
John McManus, Village Walk, stated he agreed with the statements made by
Kathleen Adams.
David Hoefer, Village Walk, suggested taking the money it would cost to implement
the Ordinance and apply it to the areas where it is needed. The County should solve
the existing problems.
A Committee Member suggested the County should find the communities that are
failing and establish a probationary period for those specific communities to comply
rather than making all the communities comply.
A question asked concerning how Staff will be funded if Sections 24 and 25 are
adopted. The budget will be approximately $330,000 to fund 2 inspector positions.
one engineer, one GIS person to input the information and one secretary. The Board
will determine which County fund will be utilized.
A question was asked concerning the application procedure outlined in Section 15
and if it was a separate procedure, or part of the Building Permit procedures.
Robert Wiley stated it is the same as the current Building Permit process.
There was a question regarding the periodic inspection of dry nood-proofing
components.
Robert Wiley stated an engineer or architect would not be required to certify whether
the design was appropriate, but only that the components could be installed in four
hours.
Concern was expressed for the owners of older buildings who will not be able to find
an architect or engineer to perform the inspection. There was a discussion regarding
the liability of the engineer or architect Several Committee Members stated they
would not perform either the drainage system or the dry flood-proofing inspection
because thcir insurance companies would not allow them to do so.
There was further discussion about thc 3-year certi lieation process.
Robert Wiley stated the County issucd a permit to build a non-residential below
base-nood elevation structure with the stipulation that t1ood-proofing was to be
provided.
National Flood Insurance Program mandates continued compliance otherwise the
('ounty 's program would he at risk
5
1611
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8
September 3,2008
A question was asked about the number of residences or properties in Collier County
that were built below base-flood elevation.
Robert Wiley stated it currently was approximately 5 to 12 percent He stated when
building along the coast, the goal is to reduce the potential for flooding.
There was a lengthy discussion concerning the feasibility of the option of raising
properties in order to solve the below base-flood elevation problem.
(5:05 PM - Laura DeJohn left)
There was also discussion concerning where a contractor would look to find FEMA
regulations concerning the threshold for remodeling and cumulative improvements.
Another point made was that lenders are required to notify potential buyers of the
requirement to obtain flood insurance for the property before it would be allowed to
close.
Chairman Varian stated no vote would be taken on the Ordinance since it was still
in the process of being written.
(5: lOP M - Blair Foley left)
There was a discussion concerning foundation compaction issue and the freeboard
Issue.
Robert Wiley asked the Committee Members if they wanted Section 24 included in
the Ordinance or if they thought it should be a separate Ordinance. The consensus
was it should be in a separate Ordinance.
[t was suggested that "certifying" could be handled like a standard PUD monitoring
report by the president of a Homeowners' Association or the property management
company and submitted on an annual basis.
Robert Wiley stated other options were being investigated but the problem was how
to ascertain the individual "performing" the certification was not violating the law by
practicing engineering without a license. He stated the concern was whether anyone
other than an engineer could provide certification.
It was asked why "certitication" was so important when the issue should be whether
or not the drainage system was in place and functioning properly because
"certitication" by an engineer would require a full inspection of the entire system. It
was suggested the Committee recommend to the BCC that the Comprehensive Plan
should be changed to eliminate the requirement for certification.
Reed Jarvi moved to remove Section 24 from the Ordinance. Second by Mario
Valle.
Also suggested was eliminating the one foot of tl'eeboard.
(,
16 sLe!er 3, ~08 8
Reed Jarvi amended his motion to recommend removing Section 24 from the
Ordinance so it may be processed as a separate entity, and to remove the one foot of
freeboard. Second by Mario Valle. Carried unanimously, 8-0.
VI. New Business
A. Proposed Minor Permit Inspection Fee Changes - Gary Mullee
Gary Mullee stated there are several minor permits in the system that require
Multiple inspections for which the County has not been charging. He cited the
example of a swimming pool which may require as many as 7 to 10 field inspections
while the permit fee is only $100.00. The request was to charge $50.00 per field
inspection.
Robert Mulhere moved to approve the request to charge $50.00 per field inspection.
Second by Thomas Masters.
Chairman Varian asked why this issue was not handled when the Impact Fees were
increased. A question was asked if"per inspection" meant "per trip." A Committee
Member stated the trades should be notified of this charge.
Motion carried, 7-"Yes"/I-"No." Bill Varian was opposed.
V. Old Business
B. LDC Amendment Discussion - Catherine Fabacher, LDC Manager
LDC Section Proposed Amendment Discussion Recommendation
4.07.02 To bring the LDC into Robert Mulhere
conformance with the moved to approve.
Design approved 2004 EAR-based Second by Thomas
Requirements Amendments to the Masters. Carried
For PUDS Growth Management Plan unanimously, 8-0.
(GMP); EAR-based GMP
Amendment to the
Recreation and Open Space
Element, via Ordinance
No. 2007-15, especially
(Page 45) Policy 2.1.2
4.02.01 Robert Mulhere
Allow for encroachment of moved to approve.
Dimensional pool equipment and well Second by Reed
Standards for pumps, if unenclosed, into Jarvi. Carried
Principal Use required yards unanimously. 8-0.
in Base Zoning
Districts
(Page 61)
7
1611 A 8
September 3, 2008
LDC Section Proposed Amendment Discussion Recommendation
4.06.03 Restore previously omitted Thomas Masters
subsection and coordinate moved to approve.
Landscaping with graphic illustration Second by Robert
Requirements already in place; and to Mulhere. Motion
for Vehicular correct scrivener's error carried, 7-"Yes''i
Use Areas made during codification I-uNo". Reed
and of Ordinance 05-27. Jarvi was opposed.
Rights-of-Way
(Page 75)
1.08.02 Add definition for "passive The phrase "excluding Robert Mulhere
recreation" at BCC those necessary or moved to approve
Definitions direction - subsequent to desirable to as amended.
failed 2007 proposed accommodate disabled Second by Reed
amendment persons." is added at the Jarvi. Carried
end of the first sentence unanimously, 8-0.
(Page 137) on Page 137.
3.05.07 Revise "native vegetation" The LOR Subcommittee Robert Mulhere
definition in accordance had recommended moved to approve.
Preservation with the new detinition approval as amended. Second by Thomas
Standards adopted with the Ear-based Masters. Carried
GMP Amendments to unanimously, 8-0.
Conservation and Coastal
Management Element
(CCME) and clarify how
(Page 163) the definition is applied.
10.02.02 Revise the Environmental The LOR Subcommittee Reed Jarvi moved
Impact Statements (ElS) had recommended to approve.
Submittal subsection of the tDC to approval as amended and Second by Thomas
Requests for implement the EAR-based review of the amendment Masters. Carried
All GMP Amendment to by the County Attorney's unanimously, 8-0.
Applications Policy 6.1.8 of the office.
Conservation and Costal
(Page 217) Management Element
VIl. Member Comments
Dalas Disney requested adding the subject of the Fire Review Task Force (five items) to
the agenda tor the next meeting.
DSAC Meeting Dates:
. October 8,2008 at 3:30 PM
. November 5, 2008 at 3:30 I'M
. December 3,2008 at 3:30 PM
8
1611 A 8
September 3, 2008
There being no further business for the good of the County, the meeting was adjourned by
order of the Chairman at 5:50 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
cJ~
William Varian, Chairman
These Minutes were ~ by the Board/Committee on
as presented ..............-, or as amended .
I 0115/ ~OOS
( I
')
1611tA 9
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL
(EMSAC)
Fiala
Halas
Henning
coyle
Coletta
Friday, September 19, 2008
NEIGHBORHOOD HEALTH CLINIC
Second Floor Education Room
120 Goodlette Road North
District I Commission District - Victoria DiNardo, Vice-Chairman, Present
District 2 Commission District - Dr. Michael Wu. Present
District 3 Commission District - John Valenti, Chairman, Absent
District 4 Commission District - Nancy Lascheid, Present
District 5 Commission District - Terry Heath, Present
At Large - Dr. James Hampton, Present
At Large - Dr. Douglas Lee, Present
Naples Community Hospital - Gail Dolan, Present
City of Naples Police and Emergency Services - Jim McEvoy, Chief, Absent
Collier County Health Department - Kathleen Marr, Absent
City of Marco Island Fire/Rescue - Chris Byrne, Deputy Chief, Present
Collier County Fire Chief's Associations - Robert Metzger, Chief, Absent
Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Present
Collier County Sheriff's Office - Commander Bill Rule, Present
Staff Present:
Jeff Page, Chief
Jennifer Florin, Administrative Assistant
Dan Bowman, Deputy Chief
Artie Bay, Operations Analyst
Audience Sveakers:
Janet Vasey, Productivity Committee
Alan Drescher, CCEMS
The regular meeting was called to order by Vice Chairman Vicky DiNardo, followed by
the "Pledge of Allegiance".
A quorum was present at this time.
Vicky started by welcoming Dr. Michael Wu and Deputy Chief Chris Byrne to the
committee.
Motion to adopt today's agenda; passed unanimously.
Motion to adopt minutes from July 30th,s meeting; passed unanimously.
Misc. COIRlS:
DD:l\/lQ!Di,
~,: l loT: l 1)49
Copies to
16 I 1 pa~ 2 9
OLD BUSINESS:
Subcommittee Update & Final Recommendations
Nancy stated that the subcommittee has met for the final time and approved the final
report that was handed out to each person. She asked Janet Vasey to attend today's
meeting; Janet is a member of the Productivity Committee and she was the Chairman of
this subcommittee. Chris asked if the report is for the new revenue sources, and
specifically how the boat registration fee would be applied. Nancy stated that the
application wasn't up to them; they were simply there to brainstorm and come up with
some new ideas for revenue. Janet added that most of the ideas there were brought up by
Chief Murphy and they are implemented in other municipalities around the country. Dr.
Panozzo asked if a dollar figure was discussed for the other recommendations, because
there was only a figure on the boat registration one. Janet stated that the boat registration
fee is listed as $2.00 because it's a flat fee; the other fees aren't because they are
conditional depending on what vehicles are present, for how long, how many personnel
responded, etc. There were too many variables to determine the exact cost for the others.
Dr. Panozzo then asked if the subcommittee looked at other counties that have similar
fees in place, and what those fees were. Janet stated that she didn't recall any dollar
figures being discussed, even in other counties, it more about the policy. Gail had a
question about the interfacility transports; she asked if the county will be billing the
hospital, then who bills medicare? Chief Page stated that we have been billing them for
over a year, and if they wanted to then bill medicare, or the patient they could do that.
Motion to approve the EMS subcommittee Master Plan review and final report;
seconded; Motion carried 9-1 with Gail abstaining.
NEW BUSINESS:
Consolidation Letter
Chief Page explained that the letter was sent by Deputy County Manager Leo Ochs along
with Dan Summers offering $100,000 of EMS grant money to go toward a consultant
study of the fire consolidation. The letter is asking for a response from the EMS advisory
committee to support or not support the use of that money. Dr. Hampton had a few
questions. First, he asked who comprises the committee that created the report; Chief
Page stated that the report was prepared by the Fire Chief's Association, but EMS was
involved in the meetings. Dr. Hampton's next question was who hires the Medical
Director according to the consolidation plan. He felt that it should be specified in the
plan who is involved in the hiring of a medical director. Dr. Hampton then stated that if
there are differences of opinion between parties involved, this committee should have an
understanding of those differences. Chief Page stated that at this point all we are
recommending is that an outside consultant come in and do a study. He doesn't think
that anyone intended to make this the final report, because there are areas that need to be
studied by an expert.
16/1
p;ge39
Nancy made a motion to have EMSAC be allowed to have input on the selection of a
medical director, once that stage is reached; Dr. Hampton seconded. Discussion: Dr.
Panozzo suggested that the motion be more specific to include the process of an "Office
of the Medical Director", so that the one person (the medical director) has the authority to
direct the medical care in the county. He added that framework such as this has been
successful in other parts of the country. Nancy stated that she felt that was too broad for
what she was trying to accomplish, and did not add that to her motion. Chris wanted to
clarify that the consolidation report does identify an "Office of the Medical Director".
Dr. Wu asked if the medical director was going to be under the county commissioners.
Chief Page explained the current chain of command for Dr. Tober. Currently he reports
to Dan Summers, who reports to the Deputy County Manager, then to the County
Manager. Putting the motion to a vote; Motion carried 9-1 with Chris Byrne dissenting.
AUIR Report
Chief Page introduced Artie Bay who would be going over the report. Artie reviewed the
report going over the summary form and the charts behind them. Gail had a question
regarding the chart of page 140 stating that the population figure goes up every year. She
asked where that information comes from. Artie explained that the planning department
gathers those figures. Chief Page stated that the University of Florida puts out a BEBR
(Bureau of Economic and Business Research) report annually that planning uses for their
figures. Chief Page did state that this report will change slightly because of the
commercial paper loans the county has with Wachovia. Recently Wachovia Bank
decided to honor their current 3% rate on commercial paper loans; however they will not
add any new ones. Therefore, the County Manager has told all departments that he will
not be signing off on loans against future impact fees, because the new loans will be at a
higher percentage rate (around 12%). Chief Page added that this means our new stations
that are in planning phases now will probably be held off on for a while, and the units
will have to stay doubled up in other places. Dr. Hampton asked if this applied to only
new stations, or if it applied to leases as welL Chief Page explained that it only applies
to new stations, but the problem with leases is that you can't use impact money for them,
and they don't count toward new growth. Dr. Panozzo asked if Chief Page would send
the link to the BEBR map to everyone. He also asked if there was other data that we
used, or if it was solely based on this. Chief Page stated that he would be happy to send
the link to everyone, and this is the only data the county uses. Janet Vasey added that the
policy is to start with the BEBR report and then add 20% to account for seasonal and
tourist population; which then translates to the weighted population that is in the charts.
Chief Page stated that the link he has; which he will send to everyone; has two different
graphs or maps, one for permanent population and another for weighted.
Referring back to the consolidation letter; the last page asks for a vote to support or not
support the usage of $100,000 of EMS grant money for the consolidation study. Motion
to approve the grant money for a consultant to study consolidation; seconded; Motion
carried 9-1 with Nancy dissenting.
16 I [pagA 9,
STAFF REPORTS:
Chief Page stated that he attended the Sunshine Law trammg given by the County
Attorney's office, and we will have copies of the CD for anyone who may have missed it.
Also, the Board reviewed and approved the budget as it is. However, the two units that
are being recommended for removal will be discussed again in November. He added that
currently those two units are only operating when the staffing allows. In other words, we
aren't using overtime to staff them and we will continue this way until we get a final
word in November. If the decision is made to reduce those units, the recommendation
from the subcommittee is to remove the Isles of Capri and Ave Maria units because those
are the two with the least impact. Chief Page stated that the Isles of Capri has
approximately one call per week in its area, and Ave Maria is approximately one call
every two weeks. Dr. Hampton asked Chief Page if in his opinion there was a need to
have a unit on Isles of Capri. Chief Page stated, no. In the years before ALS engines, it
was a backup for the Marco residents, but with the number of ALS engines on Marco
there really isn't a need to have a second transport that close.
Dr. Panozzo asked Chief Page about the status of staffing on the helicopter. Chief Page
stated that it is all fully staffed now. In fact Steve Adams who is the Flight Operations
Training Manager was just approved by the FAA as a Check Pilot. This means that he
can check off any new pilots we may have.
The last thing Chief Page had to report was the incident with the City of Naples. Most
people probably saw it in the newspaper or on T.V. Basically we are in the process of
setting up trainings for them. An official date hasn't been set, but they are looking at the
second week of October to start. Dr. Hampton asked what the cost of the drug box on
each fire truck is. Chief Page stated that he wasn't sure exactly, but one district last year
spent around $50,000 on medical supplies; which were not all medications. Dr. Hampton
also asked how often they are replaced. Chief Page stated that it depended on the drug
and the expiration date of it; they are all different. Dr. Hampton then asked how often
they are used on each engine. Chief Page stated that according to Dr. Tober and the
research we conducted, the City of Naples didn't use any drugs in a full year. Dr.
Hampton then asked about the other districts' units. Chief Page stated that it varies from
one district to another. Dr. Hampton asked who pays for the drugs. Chief Page
explained that the ALS engine that is involved in the SWAP program (which is the one
with the EMS paramedic on it), their supplies we pay for, and any engines the district
may have in addition to that one, the supplies are paid for by the district. Dr. Hampton
then asked about the training, and who does it. Chief Page stated that Dr. Tober has to
approve all training; whether it is done by our staff or the fire department staff. The way
it was thought to be done was Dr. Tober holds in-service meetings, or trainings, every
other month. He requires EMS staff to attend 100% of the time, and we thought the fire
departments had agreed to attend 75% of the time. In looking at the records of
attendance it was apparent that the fire departments weren't attending 75% of the time.
The fire departments have contended that the "matrix" was never agreed to by them. The
matrix is a document that spelled out the training requirements for the fire departments.
Dr. Hampton asked how often they are tested for competency. Chief Page gave an
1611
Ae59
example of Marco. Currently all of their people practicing under Dr. Tober's license
have been tested by Dr. Tober; however in some districts they have people practicing that
have never met Dr. Tober. Dr. Hampton asked if some of these people should even be
allowed to continue practicing. Chief Page stated that Dr. Tober has decided that he will
be testing all of the fire departments for competency based on the poor results from the
City of Naples. It is just a matter of time until they are all complete. The argument by
the fire departments is that they are all state certified as paramedics so they should be
able to have the same privileges that the EMS paramedics have. Nancy jumped in by
stating that at the last subcommittee meeting this was a very large issue, as it should be.
There were big concerns expressed, one of them being the jeopardizing of Dr. Tober's
license. She stated that Dr. Hampton's concerns are legitimate and the resolution will be
forthcoming. Chief Page gave a brief explanation of the events that lead up to the
removal of the ALS engine in the City of Naples. Dr. Lee reiterated that these engines
still have BLS capability and he asked what the average time difference is between an
ALS engine and a transport arri ving at a scene. Chief Page stated that is was just a few
minutes. Dr. Lee stated that he wondered if the medications are worth having there at alL
Considering that BLS actions are what saves lives, and that some people don't have, or
don't keep up, the training to use the medications, and additionally EMS is on scene
within a few minutes of the fire department and EMS has kept up the training to use the
drugs properly. Nancy stated that her concern is the liability of legal problems. Having
someone use a drug improperly poses a large possibility of legal action. Chris stated that
his concern is how the drugs got there in the first place. He stated that he didn't
understand the process of testing someone who is already in possession of something
instead of testing and then equipping them with the tools. Dr. Panozzo stated that it
wasn't any surprise that they had these drugs. He wanted to be sure that we didn't
minimize the worthiness of the ALS engines. He stated that even though they may not
use a lot of drugs, they still have a key role in getting the patient stabilized before
transport arrives. Nancy stated that the person to ask about the drugs would be Dr.
Tober. Dr. Panozzo stated that he would like to request to have Dr. Tober attend the next
meeting to answer questions the committee has. Dr. Lee stated that they most likely got
the drugs initially because they passed their certification with the medical director.
However, there is such thing as continuing education and keeping current. He felt that
was the reason the medications were taken away was because they didn't stay current
with the drugs that they carried. Dr. Panozzo stated that maybe the committee could get
an idea of what percentage of drugs they are using and how often, then they may be able
to ask Dr. Tober to modify the drug boxes and remove some of the nonessential ones.
Chief Page stated that Dr. Tober has done that, and is in the process of modifying the
protocols based on the evidence we gathered in the last year. Dr. Hampton asked if Dr.
Tober would be keeping an eye on the training. Chief Page stated that he will be
mandating what the training will be. Nancy also added that she was upset at the fact that
the City of Naples paramedics were cramming for this test. She felt that continuity of
training was not there, and cramming for a test is not the way to handle things. Dr.
Panozzo asked if we had given the test to other departments after the City did so poorly.
Chief Page stated that we haven't given this particular test because it was specifically on
an intermediate level for the City. He added that no one expected that high of a failure
rate at all and the only reason the test was even given was to determine who needs the
16 I l'~ Ii
Page t1 9
remedial training, instead of making all of them do it. Gail asked if there are processes
to have everyone do the same training that EMS does. Chief Page stated that the Fire
Districts won't agree to that. Dr. Hampton asked Chris how training and recertification is
handled in Marco. Chris stated that they start the recertification process using the matrix
as a guideline. He then got more specific into the listing of the trainings the paramedics
attend (i.e. ride time, EKG course, etc.). Dr. Hampton stated that he read in the
newspaper that North Naples may also be in trouble, and he asked if anyone knew
anything about that. Deputy Chief Dan Bowman from EMS stated that he was quoted in
the newspaper and he has conducted a lot of this research. He gave some additional
background of the problems at the City of Naples. He did say that the drugs are on the
trucks from a previous inter-local agreement. He stated that there is a similar compliance
issue with North Naples, and currently we have a records request to them for the training
documents. There is a difference of opinion as to whether their training was pre-
approved by Dr. Tober. Dr. Hampton asked if we had reviewed all of the departments.
Dan stated that he did review them all toward the end of last year, and Marco and East
Naples are working to correct any issue that may have come up then. However, the City
of Naples was the first to be looked at with grave detail because Dr Tober thought they
were in the most precarious position. It is expected that he will be moving on to other
departments in a similar fashion. Dr. Hampton expressed his concern and feels like this
is a very large problem, not just in one specific department, but as a whole. Chief Page
stated that Dr. Tober will be working with the County Attorney and the attorney for East
Naples and North Naples to reach a resolution. Dr. Panozzo expressed that he feels there
should an Office of the Medical Director established to work solely on the issues with
compliance and testing. He asked if there are other departments that are having similar
problems as the City of Naples had, and why are we allowing them to operate. Dan
Bowman stated that there are other departments that are having similar compliance
issues, not necessarily testing or knowledge issues. He then stated that in his opinion the
reasoning for them not being pulled off the truck immediately is there would devastation
to the service, and mainly because the evidence is stating that they aren't using them
anyway, so there is no immediate threat. Had there been an immediate threat, and they
were actually using drugs and causing hann, that would be different and they would
immediately be removed. Chief Page stated that there is an upcoming BCC meeting that
one of the commissioners has a reference to Dr. Tober on the agenda. Dr. Hampton
asked if making him an "office of the medical director" would give him more authority.
Chief Page stated that he already has full authority to control every paramedic in the
county. The difference would be that he would be reporting directly to the BCC instead
of Dan Summers.
Nancy made a motion to ask Dr. Tober to attend next month's meeting; seconded; passed
unanimously.
Dr. Hampton asked Chief Page if this committee could be sued for making
recommendations that ultimately had a bad result, and if they could who would cover
them. Chief Page stated that he thought the County Attorney would step in, but he would
find out for sure.
1611
paS 7 9
SPEAKERS FOR PUBLIC COMMENT:
Lt Alan Drescher of CCEMS has asked to address the committee on a few items. He
clarified that the Isles of Capri unit has one call per week in its zone, however they are
second to go to Marco when their unit is tied up in transport He also commented on the
protocol award. He thought it was the 1999-2000 protocol that was awarded. The
protocol has changed since then, but it has only gotten better and more dynamic. He also
commented on Marco Island. The station there is part of his rotation, and he thanked
Chris for the nice comment about having some of the best EMS medics out there. He
also stated that Marco is very adamant about training, and they have impromptu training
all the time where the Chief there will come to him and ask him to teach his personnel on
a new piece of equipment, or to maybe go thru a specific protocol. He felt that they are
probably the most proactive fire department in regards to medical training and working
with the protocol. Dr. Hampton asked Alan if he was involved in training, or if that was
part of his job. Alan stated no, he is primarily a dual certified paramedic firefighter and
works one month on an engine and one month on a transport unit
BOARD MEMBER DISCUSSION:
No further board discussion
Meeting adjourned.
Respectfully Submitted,
Jennifer Florin
Date Adopted: ! ();; 7 / () t
1/ iZi~~ ~) I a0#t-
Chairman / Council Memoer Signature
FIala
Halas
Henning
Coyle
Coletta
eRA Goveroio2 Board
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
State Enterorise Zooe
Develooment AlleDCV
Board fEZDAl
Fred N. Thomas, Jr.
Chairman
Denise Handapangota,
PhO.
Bernardo Barnhart
Capt. Tom Davis
Robert Halman
Ex-officio
Julio Estremera
Kitchell Snow
Ira Malamut
Floyd Crews
Ana Salazar
Richard Rice
Rick Heers
Eva Deyo
eRA Staff
Penny Phillippi
Executive Director
239.252.2310
Brad Muckel
Project Manager
239.252.5549
Christi Betancourt
Administrative Assistant
239.252.2313
IMMOKALEE cRA16 11"~.
Community Redevelopment Agency
iThe place to Call Home'
A '1l~1
~/
EZONE MEETING AGENDA
State Enterprise Zone Development Agency
October 15, 2008 - 9:30 to 9:45 AM
Career and Service Center of Collier County-Immokalee
750 South 5th Street
Immokalee, Florida, 34142
A.
B.
C.
D.
E.
F.
G.
R
I.
J.
Call to Order.
Roll Call and Announcement ofOuorum.
Adoption of Agenda.
Approval of Minutes.
Regular Meeting - 08/20/08 (Enclosure I)
Communications.
Old Business.
I. Brownfield Coalition - Report
New Business.
I. Enterprise Zone Activities Monthly Report
Citizen Comments
Next Meeting November 19, 2008 at 9:30 A.M.
Adjournment
::~('~<
i~:::r /E.D
b' \i ",
II 2008
',; .,;:nri1l:.;::;;:;'r::;:r:.l
Mile. c..:
DaleJJ/L~
Item#J to r.L(:i!1 ~
Copies Ill:
CR-\. Governine: Board
Commissioner
Tom Henning
Commissioner
Donna Fiala
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
eRA Advisor\' Board &
State Enternrise Zone
Aeencv Board
Fred N. Thomas, Jr
Chairman
Ana Salazar
Bernardo Barnhart
Denise Handapangoda,
Eva Deyo
Hoyd Crews
Kitchell Snow
Ira Malamut
Julio Estremera
Richard (Dick) Rice
Richard (Rick) lIeers
CapL Tom Davis
Robert lIalman
(Ex Officio)
Master Plan &
Visioninll Committee
Fred N. Thomas Jr
Chairman
Edward (Ski) Olesky
Clarence S. Tears. Jr.
Pastor Jean C. Paul
Carrie Wi1liams
Floyd Crews
Richard (Rick) Hecrs
Richard (Dick) Rice
Pam Bro\VTI
eRA Staff
Penny Phillippi
Executive Director
Bradley Muckel
Project Manager
Christie Betancourt
Administrative Assistant
IMMO~LEE Cl.A
Community Redevelopment Agency
iThe P!'1ce to C'1II Homel
1611'
MEMORANDUM
DATE:
October 21, 2008
TO:
Sue Filson, Executive Manager, BCC
FROM:
Christie Betancourt, Administrative Assistant
lmmokalee Community Redevelopment Agency
RE:
Agendas, Minutes, and Signed Approval
AIO
Attached are the Agendas, Minutes, and Signed Approval from September 17,
2008 for your conveyance.
Thank you.
ImmoiQlee Community Rec!evelopment Agency
310 Alachua Street, ImmoiQlee, FL 34142
239.252.2313'" 239.252.6725 (FAX)
Fiala
Halas
Henning
Coyle ~//
Coletta ~
eRA Gover.I.. Board JOINT MEETING AGENDA
Immokalee Master Plan and Visioning Committee And
Community Redevelopment Agency Advisory Committee
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N, Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
eRA Advisorv Board
Ii.
State Euterorise Zone
Al!eotv Board
Fred N. Thomas, Jr.
Chainnan
Denise Handapangoda,
PhD.
Bernardo Barnhart
Capt. Tom Davis
Robert HaJman
Ex~officio
Julio Estremera
Kitchell Snow
Ira Malamut
Floyd Crews
Ana Salazar
Richard Rice
Rick Heers
Eva Deyo
Pam Brown
Master Plan &
Visionin2 Committee
Fred N. Thomas, Jr.
Chainnan
Edward (Ski) Olesky
Clarence S. Tears, Jr.
Pastor Jean C. Paul
James Guerrero
Carrie Williams
Floyd Crews
Rick Heers
Dick Rice
eRA Staff
Penny Phillippi
Executive Director
239.252.2310
Bradley Muckel
Project Manager
239.2525549
Christie Betancourt
Administrative Assistant
239.252.2313
IMMOKALEE eRA 16 11 ~
ommunity Redevelopment Agency
iThe Plqce to ('111 Homel
October IS, 2008- 8:30 A.M.
Career and Service Center of Collier County-Immokalee
7S0 South Sth Street, Immokalee, Florida, 34142
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A. Call to Order.
R Roll Call and Announcement of a Quorum.
C. Introductions.
D. Adoption of A~enda.
E. Approval of Minutes.
Regular Meeting September 17, 2008 (Enclosure I)
Special Meeting Minutes September 2S, 2008 (Enclosure 2)
F. Communications.
Planning Commission Concerns (Email from Bob Mulhere)
G. Consent Agenda
H. Old Business.
I. Uodate on Immokalee Area Master Plan Review Process/LDC Update Process.
Time Limit 20 minutes
a. RWAMonthlyReport
b. Status of Interim LDC Amendments
e. Distribution and Discussion of Final Draft Master Plan
Call for a vote - contingent upon comments received by 10/24/08
2. Red Fla~ Svstem - Oven for Discussion
a. Immokalee Shell- Report
3. HCP - Update
I. New Business.
I. Sunshine Law Notices.
a. Public Notice (Enclosure 3)
2. TODS Citizen Committee. - Update
3. Brown's Landing (Enclosure 4)
Time Limit 10 minutes
4. Seats on the IMPVC.
a. Ms. Brown (Enclosure S)
b. One Vacancy
J. Citizen Comments.
K. Next Meeting Date. Regular Meeting November 19, 2008 at 8:30 AM
L Adiournment
Copies to
eRA GoverninD: Board
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
CRA Advisorv Board
Fred N. Thomas, Jr.
Chairman
Denise Handapangota.,
PhD.
Bernardo Barnhart
Capt. Tom Davis
Robert Halman
Ex-ofticio
Julio Estremera
Kitchell Snow
Ira Malamut
Floyd Crews
Ana Salazar
Richard Rice
Rick Heers
Eva Deyo
eRA Staff
Penny Phillippi
Executive Director
239.252.2310
Brad Muckel
Project Manager
239.252.5549
Christi Betancourt
Administrative Assistant
239.252.2313
IMMOKl\LEE eRA 16 I 1 A
Community Reclevelopment Agency .. .:. l~
iThe plClce to CClII Homel
eRA MEETING AGENDA
Community Redevelopment Agency Advisory Committee
October IS, 2008- 9:45 to 10:30 AM
Career and Service Center of Collier County-Immokalee
750 South 5th Street, lmmokalee, Florida, 34] 42
A. Call to Order.
R Roll Call and Announcement of a Quorum.
e. Introductions.
D. Adoption of Agenda.
E. Approval of Minutes.
Regular Meeting September 17,2008 (Enclosure I)
F. Communications.
G. Consent Items.
R Old Business. - Time Limit 20 minutes
I. County Code Enforcement Monthly Highlights in Immokalee.
2. Redevelopment of the State Farmer's Market
3. Status of SR 29 Bvpass Proiect Schedule.
4. East of9511nfrastructures and Services Studv.
5. DRI Proiects in the Immokalee Area.
a) Big Cypress DRI
6. Empowennent Alliance of Southwest Florida and Florida Non-Profit Services,
Inc.. - Update
7. Commercial Facade Improvement Program.- Update
I. New Business
L CRA Proposal to MSTU.
2. CRA Web Page
3. Downtown/Public Realm Plan. - Update
4. Motion to Approve Comp Plan Amendment
J. Citizen Comments.
K. Next Meeting Date. November 19,2008 at 10:00am
L Adiournment
. The next joint Advisory BoardJEZDAlIMPVC meeting will be held October 15, 2008, at 8:30
A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee.
.. There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5;3Opm
at the a place to be announced in Immokalee and will be appropriately noticed and announced in
advance of such meetings.
All meetings will be publicly noticed in the W. Hannon Turner Building (Building F), posted at
the Immokalee Public Library and provided to the County Public Information Department for
distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for
additional information. In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of these proceedings should contact Christie Betancourt,
Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Irnmokalee Master Plan and Visioning Committee and the CRA Advisory
Board are also members of the other Boards and Committees, including, but not limited to;
EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and
the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC
and the Advisory Board may come before one or more of the referenced Board and Committees
from time to time.
IMMOKALEE eRA
Community Redevelopment Agency
iThe pl<1ceto C<111 Home'
l611~nclolel l'
MINUTES
Community Redevelopment Agency Advisory Committee
September 17, 2008
A.
A.M.
B.
Action:
C.
Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:40
Roll Call and Announcement ofOuorutn. Advisory Board/EZDA:
. Advisory BoardlEZDA Members Present:
Fred N. Thomas, Jr., Richard Rice, Rick Heers, Ana Salazar, Kitchell
Snow, Eva Deyo, Robert Halman, Floyd Crews, Ira Malamut, Julio
Estremera, Captain Tom Davis and Bernardo Barnhart,
. Advisory BoardlEZDA Members Absent/Excused: Denise Handapangoda,
PhD and one vacancy u
A quorum was announced as present.
. Others Present: Others Present: Noah Strandridge, Brooke Gabrielsen,
Tracy Crowe, Bob Mulhere, Patrick Vanasse, Paula McMichael, Essie
Serrata, Dottie Cook, Susi Winchell, Felix Medina, Cristina Meyer,
Valerie Pike, Bill Oliver, Fabricio Ponce, Kirsten Wilkie, Alexandra
Sulecki, Rozalyne Wright, Diane Flagg, Amber Crooks, Mitch Hutchcraft
and Jack Milholland.
. Staff: Penny Phillippi, Brad Muckel and Christie Betancourt,
Introductions,
D. Adoption of Agenda.
Action: Mr. Crews moved to adopt the Agenda, Mr. Rice seconded the motion and
the Agenda was adopted by unanimous vote.
E. Approval of Minutes, August 20, 2008
Action: Mr. Rice moved to approve the August 20, 2008 Minutes, M~. Deyo
seconded the motion and the Minutes were approved by unanimous vote.
F, Communications.
G. Consent Agenda Items.
Action: Mr. Rice moved to approve the Draft Impact Fee Reimbursement Program
(Enclosure 2) and instructed staff to move forward with program development. Ms. Deyo
seconded the motion and the Minutes were approved by unanimous vote.
R Old Business,
I. County Code Enforcement Monthlv Hi3hli3hts in lmmokalee - Report
Mr. Thomas introduced the new Director of Code Enforcement, Diane Flagg.
Ms. Flagg introduced herself and provided a report on the intentions of the
department as focused more on education rather than punishment and fine. Ms.
Flagg also instructed the audience that all code enforcement issues in lmmokalee
are to be directed to Kitchell Snow at 252-6867.
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2. Redevelopment ofthe State Farmer's Market.
Mr. Crews provided an update on the financial aspects of FEMA reimbursement
for the State Farmers Market.
3. Status of SR 29 Bvpass Proiect Schedule.
Mr. Thomas reported that there have been no further developments by FOOT on
the SR29 Bypass project.
4. East of9Sllnfrastructures and Services Studv - no report.
S. DRI Proiects in the Immokalee Area.
a) Tradeport DRI South of Airport
Mr. Thomas informed board member that this project has been put on hold.
b) Big Cypress DR!
Fred Thomas explained the benefits to the Immokalee area with moving
forward on this project.
6. Empowerment Alliance of Southwest Florida and Florida Non-Profit Services,
Inc. - Update
Ms. Phillippi informed the Advisory Board that the Empowerment Alliance was
ready to start the clearing operation on the Esperanza project and that they are
requesting to use $200,000 of the CRA financing for this task.
7. Commercial Facade Improvement Program - Update
CRA Project Manager provided an update on community response to the new
program and listed the four inquiries received to date.
8. Collier County CDBG DRI Housing PrOl!J'lllll. - Final Report
Christie Betancourt provided final update on this program including final figures
on application activity.
I. New Business
1. CRAIBCC actions taken on Recommendations of the Advisory Board.
September 9, 2008 Meeting - Recap
a. Mr. Guerrero
b. HCP
2. Downtown/Public Realm Plan. - Change Order to RW A Contract
Call for motion and recommendation to the CRA Governing Board.
See item approval in minutes of the Joint IMPVC/CRA Advisory Board meeting
- 9/1 7/08, Section H, Item b.
3. Robert Soter Resignation from August Ag;enda.
Ms. Phillippi informed members that Jim Wall, Director of Business
Development, will apply to be the Workforce Development Board representative
on the CRA Advisory Board.
4. Personnel Policies and Procedures Draft from August Agenda.
Action: Mr. Heers made a motion to approve the new eRA Personnel Policies and
Procedures Manual, Ms. Deyo seconded the motion and the motion was passed by
unanimous vote.
S. ReQuest to review CRA Agendas
Staff provided CRA By-Laws with the list of agenda requirements. Ms. Phillippi
requested clarification/direction on the instruction to review the agenda given at
the August meeting. Mr. Thomas stated that the agenda was fine and that we
need to finish the meetings in two hours.
6. RWA Invoice
Mr. Thomas excused himself from the meeting at this point and turned the
meeting over to the V ice Chairman, Richard Rice.
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Action: Mr. Heers made a motion to approve the RWA invoice (Enclosure 5) and
recommend to the eRA Governing Board for payment. Ms. Deyo seconded the motion
and the motion was passed by unanimous vote.
J. Citizen Comments.
K. Next Meeting: Date. October 15,2008 at !0:00am
L. Adiournment: The meeting was adjourned at 10:57 A.M.
· The next joint Advisory BoardJEZDN[MPVC meeting will be held October [5,2008, at 8:30 A.M.
at the Career and Service Center located at 750 South 5th Street in Immokalee.
.. There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm at a
place to be announced in Immokalee and will be appropriately noticed and announced in advance of
such meetings.
All meetings will be publicly noticed in the W. Hannon Turner Building (Building F), posted at the
Immokalee Public Library and provided to the County Public Information Department for distribution.
Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for additional information. [n
accordance with the American with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours
before the meeting. The public should be advised that members of the [mmokalee Master Plan and
Visioning Committee and the CRA Advisory Board are also members of the other Boards and
Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board,
[mmokalee Fire Commission, and the Collier County Housing Authority: etc. [n this regard, matters
coming before the IMPVC and the Advisory Board may come before one or more of the referenced
Board and Committees from time to time.
3
.IMMOK.l\LEE eRA
Community Redevelopment Agency
iThe P!qce to Cqll Homel
16 , 1-. I
Enc1osur~
1],
JOINT MEETING MINUTES
Immokalee Master Plan and Visioning Committee and
Community Redevelopment Agency Advisory Committee
September 17,2008
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:35 A.M.
B. Roll Call and Announcement of a Quorum.
. CRA Advisory Board/EZDA Members Present:
Fred N. Thomas, Jr" Richard Rice, Rick Heers, Ana Salazar, Kitchell Snow, Eva
Deyo, Robert Halman, Floyd Crews, Ira Malamut, Captain Tom Davis, and Julio
Estremera.
. CRA Advisory Board/EZDA Members Absent/Excused:
Denise Handapangoda, PhD, Bernardo Barnhart, and one vacancy.
Action: A quorum was announced as being present.
. lmmokalee Master Plan and Visioning Committee Members Present:
Fred N. Thomas, Jr., Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd
Crews, Pam Brown and Rev. Jean PauL
. IMPVC Mambers Absent/Excused:
Clarence A. Tears, Jr. and two vacancies.
Action: A quorum was announced as being present.
. Others Present: Noah Strandridge, Brooke Gabrielsen, Tracy Crowe, Bob
Mulhere, Patrick Vanasse, Paula McMichael, Essie Serrata, Dottie Cook, Susi
Winchell, Felix Medina, Cristina Meyer, Valerie Pike, Bill Oliver, Fabricio
Ponce, Kirsten Wilkie, Alexandra Sulecki, Rozalyne Wright, Diane Flagg, Amber
Crooks, Mitch Hutchcraft and Jack Milholland.
. Staff: Penny Phillippi, Brad Muckel and Christie Betancourt.
C. Introductions.
Each person introduced themselves.
D. Adoption of Agenda,
Action: The Agenda was adopted unanimously upon a motion by Mr. Olesky that was
seconded by Mr. Rice.
E. Approval of Minutes. August 20, 2008.
Action: The August 20, 2008 minutes were approved unanimously upon a motion by Mr. Rice
and a second by Ms. Deyo.
F. Communications.
CRA staff directed members to the email from Joe Schmitt regarding LDC amendment
cycles. Mr. Thomas provided a background explanation. Bob Mulhere of RWA
Consulting, Inc. provided additional explanation and announced that he and Ms. Phillippi
will be attending a meeting with Collier County Comprehensive Planning on 9/18/08 to
explain the interim LDC action and to clarify pricing based on one amendment.
161 r
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G. Consent Agenda:
Bob Mulhere of R W A Consulting, Inc. provided a brief report on the advantages of the
LDC amendments referencing the Race Track at the Airport and Density by Right for
affordable housing in Immokalee.
Action: Mr. Rice made a motion that the CRA Advisory Committee support the LDC
amendments proposed by Collier County Comprehensive Planning (Enclosures 2, 2a and 2b).
Mr. Heers seconded the motion and it was passed by unanimous decision.
H. Old Business.
I. Update on Immokalee Area Master Plan Review Process/LDC Update Process.
a. Bob Mulhere of RWA Consulting, Inc. reviewed the RWA Monthly
Reporting process and the overall structure of the document (Enclosure 3).
Fred Thomas directed the board to please review.
Action: The RWA monthly report was approved unanimously upon a motion by Mr. Rice and a
second by Mr. Olesky.
b. Mr. Mulhere and Tracy Crowe ofLDI, Inc. briefly discussed the new town
design proposal. Fred Thomas expressed his concerns about the cost.
Ac/ion: A motion was made by Ms. Williams to recommend (to the CRA Governing Board) the
amendment to the RWA contract. Mr. Olesky seconded the motion and the motion passed on a 5
to 1 vote.
c. Bill Oliver of Tindale Oliver and Associates, Inc. provided a presentation
on the Immokalee area transportation plan currently being constructed by
his firm as part of the R W A Master Plan Update project.
d. Status ofLDC amendments, Discussed under F. Communications.
e. Chairman Thomas asked the Board to review the R W A Draft Master Plan
prior to the public workshop scheduled for 9/25 at 5:30 PM. Staff added
that a quorum will be required to vote on items at the workshop.
2, Habitat Conservation Plan Advisory Committee (HCP AC)
Mr. Crews and Mr. Thomas provided an explanation as to why the CRA Advisory
Board took issue with the actions of the Habitat Conservation Plan Advisory
Committee's going to the BCC before further discussions were held with the
IMPVC as requested.
3. Pepper Ranch - Presentation
Alexandra Sulecki, Coordinator in the Conservation Collier, Land Acquisition,
provided a presentation on the purchase of the Pepper Ranch property in
Immokalee and discussed points relating to the cost, opportunities and objections
of the purchase. She received input form those present as to potential uses for the
property. Ms. Sulecki asked that if anyone thinks of any additional comments on
the purchase to please email toherdirectly.Mr. Thomas asked for three
community members to volunteer to attend Ms. Sulecki's monthly meetings in the
future. Robert Halman, Carrie Williams and Susi Winchell volunteered to attend.
4. Red Flag Issues.
a. Mr. Thomas provided a brief update on the status of Mr. Herrera's lot.
He outlined the outcome of he and CRA staffs meeting with Collier
County Development Services and their idea for Mr. Herrera to enter
into a "unified plan of development" with adjacent property owner,
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Action: Fred Thomas made a motion that in the future all Red Flag items be brought before the
CRA Ad':is9/"Y Bawd staff for review before the monthly joint meetings in order to provide ample
time for review. The motion was seconded by Mr. Olesky. The motion passed by unanimous vote.
b. Mr. Rice introduced Jack Milholland, owner of the Shell station on Main
Street who provided a presentation on the status of his property
renovations. Mr. Milholland asked for assistance in waiving the 50'
setback requirements on his lot and painting the pump island canopy red
and yellow (Shell logo). Mr. Mulhere recommended waiting until after
the next BCC meeting.
Action: Mr. Rice made a motion to instruct sta/Jto draft the letter to assist Mr. Milholland with
his request for assistance. Mr. Olesky seconded the motion. The motion passed by unanimous
vote.
I.
New Business.
I. Sunshine Law Notices,
a. The list of noticed meetings was distributed as Enclosure 5.
TODS Citizens Committee Meeting Minutes
No report.
Seats on the IMPVC
Two items;
a. Mr. Guerrero action - previously reported.
b. Staff directed the CRA Advisory Board to Enclosure 6, memorandum
recommending Ms, Brown to fill the vacancy on the IMPVC.
Action: Mr. Heel'S made a motion to approve Ms. Brown's application and to the BCC as a
member of the IMPVC M5. Williams seconded the motion and the motion passed by unanimous
vote.
I.
J.
K.
2.
3.
Citizen Comments.
Next Meeting Date.
Adiournment
October 15,2008 at 8;30 A.M.
This meeting was adjourned at 10:31 A.M.
3
IMMOKALEE eRA
Community Re~evelopment Agency
iThe Placeto Call Home'
161f A
Enclosure 2
11
MINUTES
IMPVC & CRA Special Meeting
Public Workshop Presentation of the R W A Immokalee Draft Master Plan
September 25, 2008 - 5:30 P.M.
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 5:42 P.M.
B. Roll Call and Announcement of a Ouorum.
. IMPVC/CRA Advisory Board Members Present:
Fred N, Thomas, Jr., Eva Deyo, Richard Rice, Floyd Crews, Denise
Hondapangoda, PhD., Rev. Jean Paul, Edward (Ski) Olesky and Carrie Williams,
. IMPVC/CRA Advisory Board Members Absent/Excused: Kitchell Snow,
Bernardo Barnhart, Rick Heers, Ana Salazar, Julio Estremera, Captain Tom
Davis, Ira Malamut, Clarence Tears, Jr. and Robert Halman.
. Members of the public present:
Pam Brown
Bob Mulhere, RW A
Patrick Vanesse, RWA
Paula McMichael, RW A
William Deyo
Barbara Cacchione, Immokalee Initiative
Brooke Gabrielson, Wilson Miller
Mitch Hutchcraft
Tanya Saldivar, Collier County Public Library, Immokalee Branch
Teresa Washington
Weldon Walker, Jr., Collier County Code Enforcement
Sidney Kittila, Collier County Parks and Recreation
Jennel Nava, Student Volunteer, Immokalee High School
Norma Munoz
Bernard Handapangoda
Matthew Klein, Student Volunteer, Hodges University
Bonnie Keen
Darryl Richard, Collier County
Cherryle Thomas, Immokalee MSTU Beautification Committee
T. Heath, Immokalee Fire Department
Brian Hughes, Immokalee Fire Department
Vicki Carr, Imrnokalee Front Porch
Sandra Freeman
Annie Alvarez, Collier County Parks and Recreation
IlIiana Montez, Student Volunteer, Immokalee High School
. CRA Staff: Penny Phillippi, Christie Betancourt and Bradley Muckel.
161t A l'
C. Special Meeting Business.
. R W A, Inc. Presentation of the Immokalee R W A Draft Master Plan.
o Fred Thomas opened the meeting at 5:42 P.M. with introductions ofCRA
Staff and Board Members.
o Bob Mulhere explained the purpose and intent of the Draft Master Plan
document to the public.
o Fred Thomas explained the history and definition of the Immokalee
Community Redevelopment Agency for the public.
o Bob Mulhere read the goal of the Draft Master plan from page 5 of 38 in
the document.
o Fred Thomas recommended that Bob Mulhere stick to the format provided
in the table of contents for his presentation and ask for public questions
and comments on the objectives listed therein.
o Fred Thomas also explained that members of the public could email their
questions to either Penny Phillippi or Bob Mulhere. Business cards were
made available by both Ms. Phillippi and Mr. Mulhere.
o Fred Thomas introduced three student volunteers: Illiana Montez,
Matthew Klein and Jennel Nava,
o A question and answer session followed. Public citizen comments are
listed below by objective number.
D. Citizen Comments
Objective 1.1:
. A member of the public questioned whether R W A had begun to establish a list of
the "regulatory impediments" mentioned in Policy 1.1.7.
. Bob Mulhere responded that yes, his team had a list of these impediments with
regards to architectural and landscaping issues. Mr. Mulhere also explained the
LDC amendment task of their contract explained the interim LDC amendment
action that he and CRA Staff were currently working on to address these
impediments until final BCC acceptance of the Master Plan.
. Fred Thomas discussed the stringent LDC regulation that was causing problems
with the sign at the Trade Port Annex as an example.
. Barbara Cacchione expressed her concern with the housing policies and lack of
specificity on this topic. She requested a meeting with Bob Mulhere to reevaluate
this topic and Bob Mulhere agreed. No date was set at this time.
Objectives 1.2 & 1.3:
. Richard Rice voiced his concern that there was not enough language in the
document regarding existing businesses in the Immokalee community,
. Rev. Jean Paul voiced his concern about the LDC regulations on his church
explaining that he is never quite clear on what he is allowed to do regarding
alterations. He added that he is proud of what the IMPVC and CRA are doing and
supports their efforts.
. Fred Thomas introduced Cherryle Thomas and Darryl Richard from the
lmmokalee MSTU Beautification Committee to the audience.
2
IMMOKALEE eRA
Community Rec\evelopment Agency
iThe pl;Jce to C;JII Home!
. Dr. Handapangoda suggested that we consider changing all "industrial"
references to "commercial" in the document.
16 , 1," A
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. Dr. Handapangoda suggested we remove the word "new" from the reference
"new enterprise".
. Annie Alvarez expressed the desire to mention Eco Tourism in this section of the
document.
Objective 1.4:
. Pam Brown commented on Policy 1.3.5 stating that we should establish a
"partnership" with the Seminole Tribe instead of simply mentioning a working
relationship.
. Bob Mulhere stated that he has never been successful in meeting with any tribal
members but agreed that a partnership would be a good idea,
. Penny Phillippi agreed that this section needed to be "beefed up" and also
explained her qualification as a Green Building Inspector per Fred Thomas'
direction.
Objective 1.5:
. Bob Mulhere read and explained this Objective. No public comment was heard.
Objective 2:
. Mitch Hutchcraft commented that the majorIty of the farm worker housing
programs in Immokalee only recognized domestic farm workers and that the
importance of the H2A Program needed to be stressed.
. Penny Phillippi agreed with Mr. Hutchcraft's comment and added that there
needed to also be more language regarding middle income housing in the
document.
. Dr. Handapangoda questioned whether the data in this document reflected the
current conditions on farm worker housing needs in Immokalee, She stated that
we need more accurate and specific numbers in the document.
Objective 3:
Fred Thomas explained the ties between the IMPVC/CRA Board and the Immokalee
Water and Sewer Board to the audience.
. Brooke Gabrielson from Wilson Miller commented on Policy 3.2.6 by stating that
we should not be "exploring" the need for new collector roads. We already know
that the need is there, so state that they will be happening.
. Carrie Williams stated that Policy 3.2,3 was too specific with regards to the
location of the lmmokalee Bypass because this location has yet to be established.
. A member of the public expressed concern over the unfair allocation of tax
revenue dollars allocated for transportation improvements, and that Policy 3.2.7
should address this issue, stating that "taxes generated here should stay here",
3
161 r AI'
. Dr. Handapangoda stated that new businesses in Immokalee should not have to
shoulder the burden of infrastructure improvements due to past neglect regarding
uneven tax revenue allocations,
. A member of the public suggested that the Draft Master Plan require the
establishing of a transportation concurrency committee to avoid this issue in the
future.
. Mitch Hutchcraft suggested that the term transit be changed to mobility in
Policies 3.2.10 and 3.2.11 because the term transit was typically assumed to
encompass just bus service.
. Penny Phillippi mentioned that the CRA would be coordinating with the
Immokalee MSTU in the future.
Objective 3.2:
. Fred Thomas explained Commissioner Coletta's idea of formulating a new local
MSTU to address issues such as drainage in Immokalee. Mr. Thomas explained
his position on the issue as expanding the scope of the existing MSTU
beatification committee to handle these types of issues.
Objective 4:
. Fred Thomas explained the background of the Habitat Conservation Plan and
explained why the CRA intervened until the language of the plan was further
elaborated upon.
. Dr. Handapangoda asked where the language regarding Pepper Ranch was in the
document, Mr. Mulhere directed her to the ecotourism section of the document.
Objective 5:
. Brooke Gabrielson from Wilson Miller explained to the audience that once this
Master Plan was accepted any deviations would require a two year deviation
process.
. Fred Thomas explained the different types of industrial development that the he
was interested in attracting to the Immokalee area.
. Bob Mulhere pointed out that mobile homes were currently allowed in all three
residential sub districts (LR, MR, and HR) and asked for input from the public,
No definitive feedback was heard.
Objective 6:
. Bob Mulhere explained the concept of "big box" power center and questioned
whether we need broader language in the document regarding the location of
these types of developments.
. Fred Thomas explained that the location of the power center had already been
established.
. Carrie Williams agreed with Mr. Mulhere in that we need to be broader with
specifying a location for any power center because no permanent plans had been
made yet regarding the location.
Objective 7:
4
. IMMOKALEE eRA
Community Rec1evelopment Agency
iThe Plqce to cqll Home'
16 '.1' A
11
. Floyd Crews mentioned that Collier County needs to establish en efficient
government services center in lmmokalee including the re-establishment of
permitting and planning services.
E. Next Meeting Date Fred Thomas informed the audience of the IMPVC/CRA public
meeting schedule and invited all to the next meeting on October 15, 2008 at 8:30 AM at
the One Stop in lmmokalee.
F. Adiournment - This meeting was adjourned at 7:20 P,M,
5
IMMOKALEE eRA
Community Redevelopment Agency
iThe Pl'1ce to c'1ll Hamel
161" A 11
Certification of Minutes Approval Form
, lippi, Executi e irector
lee Community Redevelopment Agency
Prep~ by:
..//
!
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These Minutes for the Septemberl7, 2008, CRA Advisory BoardfEZDAlIMPVC Meeting,
September 25, 2008, CRA Advisory BoardlEZDAlIMPVC Special Meeting were approved
by the CRA Advisory BoardfEZDAlIMPVC Committee on October IS, 2008, as presented.
* The next joint Advisory BoardlEZDNlMPVC meeting will be held November 19, 2008, at
8:30A.M, at the Career and Service Center located at 750 South 5th Street in lmmokalee,
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30
P.M. at the Career and Service Center located at 750 South 5th Street in lmmokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Hannon Turner Building (Building F), posted at the Immokalee
Public Library and provided to the County Public Information Department for distribntion. Please call Christie
Betancourt, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American
with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie
Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that
members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members
of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment
Advisory Board, ImmokaIee Fire Commission, and the Collier County Housing Authority; etc. In this regard,
matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board
and Committees from time to time.
Fiala ~f;~
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It>mtr12oo8 It,
MINUTES OF THE MEETING OF THE CONSERV A nON
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Naples, Florida, September 8, 2008
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM. in REGULAR
SESSION at Administrative Building "F", 3rd Floor, Collier County
Government Complex Naples, Florida with the following members present:
CHAIRMAN: Bill Poteet
Will Kriz
Marco Espinar
Wayne Jenkins
Michael Delate
Tony Pires
Jeffrey Curl
Mimi Wolok
Jon Staiger
ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney
Cindy Erb, Real Property Management
Alexandra Sulecki, Conservation Collier Coordinator
Melissa Hennig, Principal Environmental Specialist
Christal Segura, Conservation Collier LancWiWJj:r
Anissa Karim, Environmental Specialist Date:ll /l g I at
Item' llor.{ l)1\1)-
Copies to
sePtelb6s,12J-1' A ,,..
I. RollCall
Chairman Poteet called the meeting to order at 9:00AM. Roll call was taken and a
quorum was established.
Chairman Poteet introduced new member Jon Staiger to the Committee.
Chairman Poteet congratulated Jennifer Belpedio on her recent marriage over the
summer break.
II. Approval of Agenda
Mr. Jenkins moved to approve the agenda. Second by Mr. Delate. Carried
unanimously 9-0.
III. Approval of July 14, 2008 Minutes
Mr. Kriz moved to approve the minutes subject to the following corrections:
Page 6, paragraph 5, line 1 - from "Fish and Wildlife Services currently have no
money..." to "Fish and Wildlife Service currently has no money..."
Page 7, paragraph 1, line 3 from "Conservation Funds involvement" to "Conservation
Fund's involvement"
Page 7, paragraph 5, line 6 - from "might impact the rear portion of the Benfield
Road properties." to "might impact the rear portion (east and west sides) of the
Benfield Road properties."
Second by Mr. Jenkins. Carried unanimously 9-0.
IV. Old Business:
A. Real Property Management Update - A -list properties
1. Overall Status
Cindy Erb, Real Property Management provided the following updates:
Winchester Head -closed on one parcel on July 21, 200S; SO offers letters
sent out as of end of August with one owner accepting the offer.
Red Maple Swamp/ GAC Land Trust /Unit 53 - closing September 22,
200S for Stiffler Specialty, Inc. parcel; GAC Land Trust closing within next
2 months; 69 offer letters sent out July 25, 200S with 20 accepted, 3 rejected,
5 others undecided at this point; Agreements to be reviewed next month.
Freitas - closed on July 14, 200S.
Kave Homes - anticipated closing date of October 27, 200S.
Camp Keais - 14 offer letters to date sent out; 3 owners accepted offers to
date.
2. Pepper Ranch update
Alex Sulecki, Conservation Collier Manager provided an update noting
Staff is working on the Contract and expects to have it for review at the
October 13, 200S meeting. The funding is on track and expected to be
available in 5-S weeks.
She noted a concern raised by Commissioner Henning has been addressed and
will send Mr. Kriz a memo regarding this issue.
2
sePtlb68,1}~1" A ,,'
3. Crew Land and Water Trust partial acquisition of Pepper Ranch
Alex Sulecki noted the Crew Land and Water Trust is interested in partnering
the acquisition of the lands in funds amounting to $350,000. This represents
approximately I percent of the total acquisition and details on the logistics of
the partnership are being negotiated with the Trust This Partnership
Agreement will provide for the Trust to waive management responsibilities
and give the County sole discretion in making "use" decisions. The
agreement may not be available at closing but a draft will be submitted to the
Committee for comment
Jennifer Belpedio, Assistant County Attorney noted the Trust's "title
interest" is being negotiated at this time.
4. Hamilton update
Alex Sulecki noted this proposal was in front of the BCC on July 22,2008
and resulted in a tie vote. For re-consideration, new information must be
provided such as a di fferent property value or the award of a proposed Grant,
which was submitted August 1,2008. The official decision on awarding the
Grant will be in March. Staff is considering how to proceed as the landowner
does not want to wait until March for a decision.
5. RJS LLC - update regarding additional acreage
Alex Sulecki noted as reported last meeting, the parcel had an acreage
discrepancy between the County Appraiser's records and the actual land area
(the parcel contains approximately 8.31 additional acres from the records)
which is approximately 29.33 acres.
In addition, the owner asked ifit would be acceptable to subdivide out
approximately 5 acres (the only area of uplands) for a home site and sell the
remainder of the land to Conservation Collier. This concept as well as the
acreage discrepancy would require an amended appraisal and possibly affect
overall objective of the acquisition.
Mr. Kriz stated he would oppose to purchasing the property with the home
site subdivided out
Mr. Kriz moved to proceed with acquisition of the parcel at the current
appraisal and reject the proposal by the owner to exclude 5 acres. Second
by Mr. Curl,
Ms. Wolok recommended amending the motion to proceed with the
acquisition with an amended appraisal.
Mr. Kris amended the motion and moved to proceed with acquisition of the
parcel at the amended appraisal and reject the proposal by the owner to
exclude 5 acres. Second by Mr. Curl. Motion carried 8 yes -1 no. Mr.
Delate voted no.
3
16 " A 12
September 8, 2008
B. Contracts - Rivers Road properties and Trinh (Mcllvane Marsh)
Cindy Erb presented the Executive Summary "Approve an agreement for Sale
and Purchase for 9.70 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $714,300 (Stirns) "
Mr. Delate moved to approve the Executive Summary (Approve an agreement
for Sale and Purchase of 9.70 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $714,300 (Stims))." Second by
Mr. Pires,
Ms Wolok requested clarification on the reason for the difference in the 2
appraisals ($660,000 and $740,000).
Cindy Erb stated it may be because different comparables were utilized by the
individual appraisers.
Mr. Staiger noted a scrivener's error in the Executive Summaries which state
"River Road" and should be corrected to "Rivers Road."
Carried unanimously 9-0.
Cindy Erb presented the Executive Summary "Approve an agreement for Sale
and Purchase of 4.56 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $348,250 (Cangialosi). "
Mr. Delate moved to approve the Executive Summary (Approve an agreement
for Sale and Purchase of 4.56 acres under the Conservation Collier Land
Acquisition Program, at a cost Iwt to exceed $348,250 (Cangialosi))." Second
by Mr. Espinar, Motion carried unanimously 9-0.
Cindy Erb presented the Executive Summary "Approve an agreement for Sale
and Purchase of I 0 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $741,000 (Maloney). "
Mr. Jenkins moved to approve the Executive Summary ("Approve an agreement
for Sale and Purchase of 10 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $741,000 (Maloney))." Second by
Mr. Kriz. Carried unanimously 9-0.
Cindy Erb presented the Executive Summary "Approve an agreement for Sale
and Purchase of 38. 72 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $2,971,600 (Van Cleave). "
Mr. Delate moved to approve the Executive Summary ("Approve an agreement
for Sale and Purchase of 38.72 acres under the Conservation Collier Land
4
sept6J l~i' A '2'
Acquisition Program, at a cost not to exceed $2,971,600 (Van Cleave.))"
Second by Mr. Jenkins.
Ms. Wolok re-iterated a concern regarding the discrepancy of the 2 appraisal
values and requested clarification on the reasons for the deviations ($2,788,000
and $3,097,600.)
It was recommended, in the future, Staff attach a brief summary sheet to the
Committee member's packets in cases of deviations ofthis type and the reasons
therefore.
Mr. Kriz stated that the deviation in the appraisals is within an acceptable range
of approximately 10 percent.
The vote was tabled at 9:57AM until Roosevelt Leonard; County Appraiser
could address the Committee regarding the appraisals.
Motion carried unanimously 9-0.
Cindy Erb presented the Executive Summary "Approve an agreement for Sale
and Purchase of 80 acres under the Conservation Collier Land Acquisition
Program. at a cost not to exceed $775,500 (Trinh))"
Mr. Staiger moved to approve the Executive Summary "Approve an agreement
for Sale and Purchase for 80 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $775,500 (Trinh.))" Second by
Mr. Jenkins.
This vote was tabled at 9:58AM until Roosevelt Leonard; County Appraiser
could address the Committee regarding the appraisals.
Motion carried 8 yes - 1110. Mr. Delate voted no.
Roosevelt Leonard, County Appraiser addressed the Committee at 10:14 AM
to clarify the possible reasons in the deviations of values in the 2 independent
property appraisals (Van Cleave and Stims). He noted 4 appraisers were involved
in the Rivers Road properties, the 2 independent appraisers were the same for all
the parcels, with the exception of the Van Cleave parcel. The deviation could be
due to the different market data (comparables) utilized by the independent
appraisers. He is satisfied with the data the appraisers utilized in their
considerations for valuing the properties.
He notified the Committee the appraiser that valued the RJS, LLC parcel has left
the firm and an update will not be possible, a new appraisal will be required.
Cindy Erb noted before the closing, the landowner will be removing the
improvements and related refuse on the Van Cleave property. This is included in
5
161. All;
September 8, 20m
the agreement (not the Executive Summary) and she will forward a copy of the
Agreement to Mr. Pires.
Mr. Delate requested clarification on how the Trinh parcel was valued.
Roosevelt Leonard noted the value for the Trinh parcel was based on its use as
potential Mitigation lands.
C, Conveyance proposal updates
Alex Sulecki provided the following updates:
. Benfield Road properties - Management Plan has been submitted to
Engineering and Environmental Services and are awaiting approvaL
Staff has conveyed to the owners the request of a Phase I Environmental
Assessment and the concept of the endowment fund.
. Caloosa Reserve .-- Management Plan has been submitted and is awaiting
approvaL
She noted Staff is awaiting these approvals before appearing in front of the Board
of County Commissioners
Mr. Espinar, Chair of Land Management Subcommittee requested Staff
provide a copy of the draft Management Plans to him for review.
D. Reading of Conflict of Interest Forms (Tony Pires)
Mr. Pires noted he abstained from voting on the Hamilton parcel as his firm has
represented Mr. Hamilton on this parcel in the past.
V. New Business
A. Remaining Cycle 6 applications - Staff presentations - Do they meet the
criteria and goals?
Alex Sulecki provided a document entitled "Conservation Collier Cycle Six
Willing Sellers" dated September 5, 2008 noting Section 13.2 of the Conservation
Collier Ordinance (2002-63) requires that 5 members of the Committee review
the applications and vote for a complete evaluation. All the following meet the
criteria in some way, but may not be consistent with the goals of Conservation
Collier. She presented the following applications for consideration:
I. Unit 41 East - Lopez, Townsend & Craft - 36 acres
. The parcels are separate nominations but being presented together due
to their close proximity to each other.
. The Lopez parcel - 10 acres; Townsend parcel - 9 acres; Craft parcel--
16.5 acres.
. They are located on US 41, 3.5 miles East of Collier Blvd.
. They are surrounded by Agricultural activities, commercial and
industrial uses and are in a Receiving Area of the Rural Fringe Mixed
District.
6
161 }'t
September 8, 2008
A .1.
. The Collier Utilities is considering the parcels for a proposed Water
Reclamation Plant.
. There is an unrecorded Eagles nest located on the Craft parcel.
. There is access off of US 41 to the Craft and Townsend parcels;
vehicles can access the Lopez parcel via an undefined road
. The Craft parcel contains an agricultural building, mobile home with
related improvements
Mr. Jenkins moved not to pursue tile Lopez parcel. Second by Mr. Pires.
Carried unanimously 9-0.
Mr. Jenkins moved not to pursue tile Townsend parcel. Second by Mr.
Delate. Carried unanimously 9-0.
Mr. Jenkins moved not to pursue tile Craft parcel. Second by Mr. Delate
carried unanimously 9-0.
Mr, Jenkins noted that the available resources for the Program may must be
spent more wisely; further, another County entity is looking to purchase the
properties.
2. DeMeo - NGGE Unit 47 - 1.14 acres
. It is located in North Golden Gates Estates on the South side of 66
Ave. NE-
. It is on a public unpaved road
. It is located in Horsepen Strand and is a wetland with a Cypress
community
Mr. Espinar moved not to pursue tile parcel. Second by Mr. Kriz.
Ms. Wolok noted the parcel is isolated, but in an important location due to
Horsepen Strand and directed Staff to contact the landowner to seek the
feasibility of assembling more contiguous properties for consideration in the
next Cycle.
Carried unanimously 9-0.
3. Jones - NGGE Unit 42 - 5 acres
. It is located in North Golden Gate Estates on 60th Ave. NE and
bordered by the Golden Gate canal and undeveloped parcels.
. lt is accessed by a public paved road.
. There is a home on the parcel that will be subdivided off with a 5 acre
parcel (the total parcel area is 7 acres.)
. The property consists of improved pasture.
Mr. Espinar moved not to pursue tile parcel. Second by Mr. Jenkins.
7
161. A'L~
September 8, 2008
Speaker
Katherine Sue Jones, landowner, addressed the Committee noting that the
parcel has been frequented by wildlife such as Owls, Panther, Bear, Coyote,
Rattlesnakes and Gopher Tortoises. She requested clarification ifit is not
approved this Cycle, could it be re-considered.
Chairman Poteet noted she had the right to resubmit her property in the
future, but the committee is typically seeking large scale parcels, not
individual isolated parcels requiring assemblage by the Program.
Carried unanimously 9-0.
4. McGinnis - Pine Ridge and Logan - 5 acres
. It is located just to the South of Logan Blvd and Pine Ridge Road.
. It is adjacent to the previously C-listed Purpero property.
. Mr. Purpero would consider re-submittal of his property if this
property is considered.
Mr. Espinar moved IlOt to pursue the parcel. Second by Mr. Curl,
Chairman Poteet stated he is against the motion as the intent is to make the
intersection a "green intersection", there is only I parcel in District 3. He is in
favor of the property if the Purpero property could be included within the
acquisition.
Ms. Wolok and Mr. Pires concurred
Mr. Espinar noted there are ample alternate opportunities through County
Programs to acquire the property (Parks and Recreation Department,
developer purchase and donation to Conservation Collier, etc.)
Mr, Curl noted the area is not a passive park like setting; it is bounded by
high-speed urban highways and only serves the purpose of aesthetic
enhancement to the area.
It was noted any issues can be aired in future considerations for a fonnal vote
on the acquisition of the parcel.
Motion failed, 3 yes - 6 no.
Mr, Espinar, Mr. Curl and Mr, Jenkins voted 'yes,"
Chairman Poteet, Mr. Delate Mr. Staiger, Ms. Wolok, Mr. Pires and Mr.
Kriz voted "no."
Mr. Kriz moved to proceed with the analysis of the property coupled with an
approved late submittal by Purpero. Second by Ms. Wolok.
8
selJ~J 8,t08 A 1.1-
Motion carried 6 yes-3 no. Mr. Espinar, Mr. Curl and Mr. Jenkins voted
"no."
5. Section 24 adjacent to Nancy Payton Preserve - Kirby & Murphy
. They were prcviously placed on the B-list in Cycle 4 and the C-list in
Cycle 5 and have been re-nominated at the direction of the Land
Evaluations and Managemcnt Subcommittee.
. The Murphy parcel provides possible access by easement to the Nancy
Payton Preserve property.
Mr. Espinar moved to approve (pursue) the Kirby and Murphy parcels
subject to the Legal Department researching the status and use feasibility of
the access easement. Second by Mr. Delate. Carried unanimously 9-0.
6. Stirns - adjacent to Rivers Road - 10 acres
. The landowner has agrced to remove the structures if required
. It is off Moulder Drive with public access
. There are improvements on the property including a home, pool, well
and septic, etc.
Mr. Pires moved to move the property forward. Second by Mr. Jenkins.
Mr. Pires recommended cvaluating thc structures for possible public use.
Mr. Espinar stated that he had previously consulted the landowner on a
conditional use application for the property.
Jennifer Belpedio, Assistant County Attorney stated no conflict of interest
existed.
Chairman Poteet stated that his firm has real estate listings on Moulder Drive
and clarified if it was required to disclose.
Jennifer Belpedio stated that he did not have to disclose.
Carried unanimously 9-0,
B. Approval of Winchester Head Interim Management Plan
Mr. Pires left at lO:36AM
Anissa Karim, Environmental Specialist presented the document
"Conservation Collier: Winchester Head Interim Management Plan - 2nd Draft"
dated September 2008 to the Committee noting that on page 6, paragraph I, line
2 should be revised from "currently owns 32 of the parcels.. .," to currently owns
33 ofthc parcels,..."
9
16111 AI~
September 8, 200~
Ms. Wolok moved to approve the document "Conservation Collier: Winchester
Head Interim Management Plan - 2nd Draft." Second by Mr, Delate. Carried
unanimously 8-0.
Mr. Pires returned at lO:38AM
C. Approval of Draft Nancy Payton Preserve Final Management Plan
Christal Segura, Conservation Collier Land Manager presented the document
entitled "Nancy Payton Preserve Land Management Plan, Final Draft" dated
2008. She stated ifthe document is approved it will be forwarded to the Board of
County Commissioners for approval. She noted in reference to page 38 of the
plan, a meeting was held with the Red Cockaded Woodpecker (RCW) Safe
Harbor Coordinator and verbiage will be added regarding obligations for foraging
habitat management as some adjacent (properties) RCW cavities. The Safe
Harbor Agreement will be prepared by their Agency (Safe Harbor) and presented
to a Subcommittee for review and forwarded to the Conservation Collier Land
Acquisition Committee for approval.
A discussion ensued regarding preventing intrusions to the site by motorbikes and
ATV's. Fencing is an option as well as signage.
It was suggested to place downed trees (logs) across existing trails to prevent
intrusions.
It was noted the access issues associated with the Preserve are still being
investigated (Hideout Golf Course access, Murphy parcel easement, etc.)
Ms. Wolok moved to approve the document "Nancy Payton Preserve Land
Management Plan, Final Draft" dated 2008. Second by Mr. Curl. Carried
unanimously 9-0.
D. Donation of Funds - Esperanza Plaza, PUD
Alex Sulecki provided Ordinance No. 08-28 for informational purposes noting
there is an amendment to the Land Development Code in process, which would
allow donations of funds by Developers or individuals (for mitigation purposes)
to Conservation Collier. She recommends the Subcommittee meet to establish a
procedure for acceptance of the funds.
It was noted Staff should ensure the language regarding the Trust Fund wording
is consistent in any applicable Ordinances.
E. Outstanding Advisory Committee Member Program
None
F. Coordinator Communications
10
16 I 1 ~ A' 1:'
September 8, 2008
Alex Sulecki provided an assessment of any damages to Conservation Collier
properties incurred during Tropical Storm Fay and noted Staff visits the
properties within 48 hours after the storm has passed.
VI. Sub-Committee Meeting Reports
A. Outreach - Tony Pires, Chair - check calendars/schedule meeting
Members and Staff were requested to coordinate a meeting date.
8, Lands Evaluation and Management - Marco Espinar, Chair - meeting
directly following
A meeting is to be held directly after the Conservation Collier Land Acquisition
Committee to review the Freitas Management Plan.
C. Ordinance Policy and Procedures - Will Kriz, Chair - check
calendars/schedule meeting
A meeting will be held this month to review the procedure for accepting donated
funds by Developers or individuals.
VII. Chair Committee Member Comments
Chairman Poteet requested members begin to review any information in relation to
the Annual Ranking meeting in December.
Mr. Delate requested information on how the South Florida Water Management
Restoration Plan may affect the Gore properties.
Ms. Wolok suggested the Outreach Subcommittee begin discussing avenues to
involve the Public Schools in Conservation Collier properties (Preserve naming
contests, etc.)
Alex Sulecki will provide full screening reports to the new member for the B-list
properties from the last Cycle.
Mr. Pires requested Staff provide not only the names of new Applicants when
parcels are under consideration in advance, but also the property locations to assist
members in determining conflicts of interest that may exist
Mr. Jenkins requested the status of Freedom Park.
Alex Sulecki stated she will provide an update at the next meeting.
VIII. Public General Comments
None
IX. Staff Comments
None
There being no further business for the good ofthe County, the meeting was
adjourned by order of the chair at 11 :00 A.M.
II
1611 A'I1;.
September 8, 2008
Alex Sulecki provided an assessment of any damages to Conservation Collier
properties incurred during Tropical Storm Fay and noted Staff visits the
properties within 48 hours after the storm has passed.
VI. Sub-Committee Meeting Reports
A. Outreach - Tony Pires, Chair - check calendars/schedule meeting
Members and Staff were requested to coordinate a meeting date.
B. Lands Evaluation and Management - Marco Espinar, Chair - meeting
directly following
A meeting is to be held directly after the Conservation Collier Land Acquisition
Committee to review the Freitas Management Plan.
C. Ordinance Policy and Procedures - Will Kriz, Chair - check
calendars/schedule meeting
A meeting will be held this month to review the procedure for accepting donated
funds by Developers or individuals.
VII. Chair Committee Member Comments
Chairman Poteet requested members begin to review any information in relation to
the Annual Ranking meeting in December.
Mr. Delate requested information on how the South Florida Water Management
Restoration Plan may affect the Gore properties.
Ms. Wolok suggested the Outreach Subcommittee begin discussing avenues to
involve the Public Schools in Conservation Collier properties (Preserve naming
contests, etc.)
Alex Sulecki will provide full screening reports to the new member for the B-list
properties from the last Cycle.
Mr. Pires requested Staff provide not only the names of new Applicants when
parcels are under consideration in advance, but also the property locations to assist
members in determining conflicts of interest that may exist
Mr. Jenkins requested the status of Freedom Park.
Alex Sulecki stated she will provide an update at the next meeting.
VIII. Public General Comments
None
IX. Staff Comments
None
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.
11
as presented
161lA'"t
September 8, 2008
Conservation Collier Land Acquisition Advisory
Committee
or as amended
"...........
/3 LeeJ:)
I
12
1611' AI"'"'
_~n~
Memorandum
To:
From:
Date:
October 14,2008
Subject:
Transmittal of approved signed Minutes from the September 8, 2008
Conservation Collier Land Acquisition Advisory Committee Meeting
Please find attached the following:
. Approved, signed Minutes from the September 8, 2008 Conservation
Collier Land Acquisition Advisory Committee Meeting
Please call me at 252-2961 if you have questions.
Environmental Services Department
Community Development & Environmental Services Division
Fiala ~71f L
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ocr 1 5 2008
Rft/
Conservation Collier Land Acquisition Advisory Committee
Lands Evaluation and Management Subcommittee
Agenda
'::'G.~r(' u: (;,JLl:1b ;:c:nmis~j()ncrs
Meeting Date: Friday, October 24, 2008
Meeting Time: 8:30 a.m.
Location: Purchasing Bldg. G
Conference Room A
Chair: Marco Espinar
I. Approval of Agenda
II. Old Business:
A. Starnes Habitat Management Plan and Agreements
III. New Business
A. Benfield Restoration Management Plan Review
B. Distribution of the Milano Final Management Plan
IV. Member Comments
V. Staff Comments
VI. Set next meeting date and agenda
VII. Adjourn
Mise eorres:
Date:
item #:._...._______
~,:)OipS ~_()
~::=s. -:-~;~
Henning
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1 'd:<i:lvAd1,
ocr j 5 2008
!30,>r.')'C
c.(:,'m::i:5:'.i0f16rs
Conservation Collier Land Acquisition Advisory Committee
Lands Evaluation and Management Subcommittee
Agenda
Meeting Date: Friday, October 24, 2008
Meeting Time: 8:30 a.m.
Location: Purchasing Bldg. G
Conference Room A
Chair: Marco Espinar
I. Approval of Agenda
II. Old Business:
A. Starnes Habitat Management Plan and Agreements
Ill. New Business
A. Benfield Restoration Management Plan Review
B. Distribution of the Milano Final Management Plan
IV. Member Comments
V. Staff Comments
VI. Set next meeting date and agenda
VII. Adjourn
MISC. eorres
Date:
Item #._____.____
t~,~!)ies tel"
~:~s ~
Henning~
Coyle ~/
Coletta t,oarct of County CornrnlssionG'fS
Conservation Collier Land Acquisition Advisory Committee
Meeting
Ordinance, Policy and Rules Subcommittees
Agenda
DRAFT
1 ~'E~FIv\'~
OCT 1 5 2008
Meeting Date: Friday, October 24, 2008
Meeting Time: 9:30 a.m.
Location: Collier County Purchasing Dept, Bldg. G
Conference Room A, 3301 Tamiami Trail East, Naples
Chair: Will Kriz
I. Approval of Agenda
II. Old business:
A. None
111. New Business:
A. Pepper Ranch Agreement/Contract
I V. Set next meeting date and agenda
V. Adjourn
Misc GoIfes:
Date:
item #:______..-----.-
" I ,.., '.~
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onservatIOn 0 ler an cqUlsItlon vlsory ommIttee
Meeting
Ordinance, Policy and Rules Subcommittees
Agenda
DRAFT
16 FllCE!\At 1-
OCT 1 5 ',008
Meeting Date: Friday, October 24, 2008
Meeting Time: 9:30 a.m.
Location: Collier County Purchasing Dept., Bldg. G
Conference Room A, 3301 Tamiami Trail East, Naples
Chair: Will Kriz
I. Approval of Agenda
II. Old business:
A. None
III. New Business:
A. Pepper Ranch Agreement/Contract
I V. Set next meeting date and agenda
V. Adjourn
Mise Cons:
Dale:
Item .:____..__
':>.,piest:':1"
Fiala
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1611 A;1'~IVFD
2 4 i'008
/
t7 /' rgJo,UER COUNTY LIBRARY ADVISORY BOARD
Tuesday, October 21, 2008 at 10:00 a,m,
Headquarters Librarv
AGENDA
Call to order
Approval of Minutes
Literacy Program Report
Report of Officers
Communications
a - Written
b - Personal
Unfinished Business
1. Employee of the Month - October
2, South Regional Library Construction
3. Look ahead at projeets/issues/policies for FY09
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
<,', ',>;1 '-'1 !'~i~;I,::C(,'liil.::;~iGr:e,;",
Date:
Item#:
Copies to:
1611k13
Naples, Florida, September 16, 2008
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in
regular session at 10:00 a.m. in the Headquarters Library with the following members
present:
CHAIR: Doris J. Lewis
VICE-CHAIR: Loretta Murray
Connie B. Hennink
Karen Louwsma
ABSENT: Andrew Reiss
ALSO PRESENT: Marilyn Matthes, Library Director
Nick Linn, Member, FOL
Linda Fasulo, Executive Director, FOL
Roberta Reiss, Literacy Coordinator
Luz Pietri, Administrative Assistant
APPROVAL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of May 28, 2008. There
being none, Mrs. Hennink moved, seconded by Mrs. Murray and carried unanimously,
that the minutes be approved.
LITERACY PROGRAM REPORT
Mrs. Reiss reported that the program is going strong. She also stated that the one on one
tutoring program has been reduced due to the early closing ofthe Library. New tutors are
being trained for partnering groups. She also said that Lely High School has invited this
group to help out the students. Lastly, the Friends of the Library offered to publicize the
need for tutors through their newsletters.
REPORT OF OFFICERS - None
COMMUNICA nONS - None
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library's Employees
of the Month for June, July, August and September 2008. Mrs. Murray moved, seconded
by Mrs. Hennink and carried unanimously, to select the following: Nancy Lashley for
the month of June; David Chalick for July; Joy White for August and Amanda
Williamson for September 2008.
161114-/3
In reference to the Golden Gate Branch Library, Mrs. Matthes reported that the building
is now open for business. She also stated that the opening ceremony was very successful.
As for the South Regional Library, Mrs. Matthes reported that the building is almost
ready. The landscaping is progressing very well. The computers and telephone system
are still not connected. She also stated that the furniture still needs to be ordered.
Mrs. Matthes discussed the implementation of a new policy dealing with use of
computers through a system called 'EnvisionWare'. (See attached Librarian's Report).
Mrs. Matthes asked the Board members to look at projects, issues or policies for Fiscal
Year 2009, for opinions/discussion at the next meeting.
NEW BUSINESS
Mrs. Lewis brought to the attention of the Board members an article that appeared in a
newspaper at another state called 'The Dolly Parton Program', by which each child
receives the gift of a book until he/she reaches 5 years of age. She thought it was a great
idea.
GENERAL CONSIDERATIONS - None
DIRECTOR'S REPORT - Attached
REPORT OF THE FRIENDS
Mrs. Fasulo stated that the Friends Office had been refurbished and invited all to come
see the new look She also stated that the Friends are looking for a part-time employee in
order to keep the office open longer hours. She reported that the next Friends meeting
will take place in October 21,2008. Mrs. Fasulo also said that major funding is being
solicited. Lastly, Mrs. Fasulo said that the Friends were excited to have been part of the
Golden Gate Library opening.
ADJOURNMENT
There being no further business to come before the Library Advisory Board, Mrs.
Louwsma moved, seconded by Mrs. Hennink and carried unanimously, that the meeting
be adjourned. Time: ] 1 :55 a.m.
Approved by:
0~~~
Doris J. Lewis
Chair, Library Advisory Board
Director's Report to LAB
Attachment #1
16' 1~13
19. Residents and non-residents with Library cards will use their cards to
reserve time and to log onto the computer.
20. When users put in any type of ID, the program will mask the ID.
21.AII time warnings will flash.
22. The company recommends that users have a PIN number, as well as the
Library card number.
23. Computer usage will be blocked if the patron owes $10 or more.
24. We will try to use the system to limit use of particular computers for their
intended use or audience: i.e., we will try to set up a teen zone at NR, that
limits use of the teen computers to only teens in the after school hours.
The same example will be tried with the genealogy computers.
25. EnvisionWare will only be used if the computer is on the Internet.
Children's game computers will not be handled with this program.
26. We are trying to buy the 'Print Release' stations-did not buy originally.
27. We will permit sign-up for the current day, via the Internet. This allows
patrons to sign up for a computer while at work.
28. Patrons can only make 1 reservation at a time: and for today only.
a. There is nothing to prohibit a patron from making a reservation at
different times for future use TODAY only.
29. Staff can make a lot of exceptions.
30. None of these proposals are written in blood or stone: THEY CAN BE
CHANGED! And changed easily.
31. We will have EnvisionWare Staff on sight as we 'go live'.
32. Right now, we are looking at installing either the first or second week in
November.
1611A--I3
Director's Report
September 9, 2008
For September 16 Library Advisory Board
Don't get nervous that we have to decide all of these things at next week's
meeting-we don't! I wanted to make sure I provided some background to the
first item, so that you can be considering it before the meeting.
The other items that I'm not completely ready to discuss but do need to be talked
about this yeaL Some are simple discussions that we can start this month-and
maybe conclude.
See you Tuesday, September 16!
Mcw~YVlv1~
Information and Considerations for the LAB Meeting:
1. A computer management system (EnvisionWare) is being implemented
in Libraries. It is composed of mainly software that will let the public sign
up to use computers without as much staff intervention as is now needed.
It requires some policy and procedural changes.
a. A staff work group as developed the attached recommendations.
(Director's Report to LAB, Attachment #1)
b. Attached is what the current LAB approved Library Policy says
about computer usage. (Director's Report to LAB, Attachment #2)
c. Main Policy changes needed:
i. The computer policy needs to be reformatted to fit into the
county publications standards;
ii. The Staff group recommends charging non-Library members
$2 to use a public computer for 30 minutes (cost at Kinkos is
$12 per hour);
iii. The other changes are more procedural, but could be
incorporated into the policy document;
IV. Computer use will be blocked if the person owes more than
$10;
v. People can make reservations for 'today' via the Internet or
the computer stations in the Library.
d. Main procedural changes:
i. Computers will automatically shut down at 10 minutes before
closing (current staff starts shutting down at 15 minutes
before closing);
1611k'3
ii. System will allow a 5 minute grace period before it gives a
computer away to the next person signed up -if original
person with reservation does not show up;
III. Residents will need a valid Library card to use a computer;
iv. Non-residents who purchase a Library card (at $10 per
month) will also be able to use the computers at no
additional charge;
v. Each person will be eligible to use a public computer for 90
minutes per day;
vi. Sessions will be limited to no more than 30 minutes at a time
1. There are exceptions possible if no one is waiting to
use a computer.
vii. People will put money into a 'print release' coin box before
the system prints the jobs. We are not changing the cost of
copies at this time-stiIl10~ each, unless we provide color.
The computer management system sounds like a complex system-and it
is relatively sophisticated. The hardest part is establishing the initial rules
and knowing the affect of the rules. I look at this as our 'best guess' that
we will adjust as we see how it works.
The purpose is to enable the public to be more self-reliant when using
Library computers; provide a system that requires less staff intervention;
and collects more of the printing costs that are now collected 'via the
honor system'.
2. Other Policy considerations to discuss in FY2009:
a. Check-out process for DVDs, including r-rated; pg-13; and pg;
including Age 17 issues;
b. Provision of social network sites like MySpace, Facebook, etc;
c. Adding meeting room charges and rules for Golden Gate
conference room, old Golden Gate building, computer labs at
Golden Gate and Estates.
3. Other questions/issues:
a. Requests to use the old Golden Gate Library
i. A church
ii. An after school program
iii. Unknown County needs
iv. Cost of maintaining the building part of the Library budget
b. Safety in our buildings, with diminishing staff
c. Volunteers reading bible stories to children in the Library.
161
RECEIVED
OCT 1 4 2008
THE OCHOPEE FIRE CONTROL DISTRICT
ADVISORY BOARD MEETING
HELD ON MAY 12,2008
3o;;;r(j ,)i ;O::Jlillt'J COf1lmissioner"
In attendance were the following:
Alan McLaughlin, Fire Chief
Mitchell Robelis, Chainnan Copeland
Joseph Dillon, Port of the Islands, Advisory Board Member
Darcy Kidder, Everglades City, Advisory Board Member
The meeting came to order at 6:05PM.
APPROVAL OF THE MINUTES FOR THE MEETINGS OF 02-19-08 & 03-10-08:
Darcy Kidder made a motion to approve the February 19,2009 minutes as written it was
seconded by Mitchell Robcrts and was passed.
Darcy Kidder made a motion to approve the March 10, 2008 minutes as written it was
seconded by Joseph Dillon and was passed.
OLD BUSINESS:
A. BRUSH TRUCK:
Chief McLaughlin stated that the vehicle had been delivered last week to Elite and that
they were in the process of building it. The Department should take delivery of the brush
truck either Friday or sometime early next week. During this time period besides
readying the Depaliment's vehicle they have been running equipment to Brevard County
due to the brush fircs. The vehicle will have to be striped as well he estimated that it
would probably be in service by the I st of June, The old tanker and old brush truck
(Bertha) were retumed to the Division of Forestry they are not longer on our maintenance
list with the County, This will be a savings to our Department because we are charged a
flat rate for each vehicle,
Joseph Dillon asked if the old vehicles were going to South America,
Chief McLaughlin said no they go back to Agriculture Services, they were on loan.
He went on to say that the City of Everglades Museum is looking to get Bertha and has
written a lettcr to put it on hold. DOF is working with Agricultural Services to tum it
over to the museum they are going to restore it and they have a site were they are going
to exhibit it.
Page 1
ltem#:
ll\-
,.
""
1611 A-,q
B, STATION IMPROVEMENTSIPROJECTS:
Chief McLaughlin made mention of finishing up some smaIl projects such as the
refrigerator next door has been replaced, The first waIl is some what built in regards to
the enclosure for the weight training facility [or the personnel. He hoped that it would be
completed with in a month.
C. GRANTS - DOF/DOIIFEMA:
Chie[McLaughlin said that we have received the DOF Grant and the foam has already
been purchased. The brush gear is being processed and pUl'chased expected delivery
would be in two weeks then that will finish the grant.
The Department of the Interior Grant doesn't go out lmtil 6-12-08 and the FEMA Grant
opens the middle of June until next ApriL
D. PORT OF THE ISLANDS STATION:
ChicfMcLaughlin stated that he attended the annual budget meeting with the County
Manager presented the situation at Port ofthc Islands and basically thc County Manager
said no, We did our budget we have the money currently this ycar to produce the
$19,000 to retro fit the building we have all the CUlTent expenses covered with in the
budget year for man power and trucks because there is no expanded service. They do
consider this as an expanded service because we're opening a facility and he said no
expanded services unless they can fund themselves.
Joseph Dillon asked who is themselves.
Chief McLaughlin said Polt of the Islands, therc arc two sides to this let me explain, Our
tluust to him was that the POIt pays 42% of the budget.
Joseph Dillon asked who is this Summers?
Chief McLaughlin said no Mudd the County Manager, Mudd has a bottom line when it
comes to the budget. His reasoning was the additional $16,000 every year to rent is an
extra expense that is added on that would have been in the budget probably reserves now
we're going to use it for something else each year. His concern is that propelty values
will decline over the next two years so we have to find a way to fund it. Weare
currently looking at going under a UFR or the second palt to this solution would be for
the Advisory Board request the Bce raise the millage rate back.
Page 2
16/1A1&f
Joseph Dillon said at the Port we already pay the highest.
Chief McLaughlin said no the whole District we are cUlTently at 3.68 we have another tax
reduction coming in June and on top of that property values have dropped. So ifwc go
back to a 4 you are probably going to collect in the following year what you have now
We are probably going to loose more money out of this budget this year. This situation
of looking I wo years forward is two years of attrition at the loss of propeliy values. On a
reduced tax rate we are taking in less and less money the only way is to go back to the
old tax rate the people will be paying the same as this year because of the lower property
values of course that recommendation would have to come from the Advisory Board,
UnfOltunately we had everything in place to provide the protection out there to do what
we need to do to lower the ISO rating but right now it is out of my hands, I've done
everything that I could.
Joseph Dillon said all the potential prope11ies we talked about it's nothing to me until
there is a contract. We had $200,000, $300,000 it's all dissipated the Pilt monel is gone
ifit weren't for the declining values it would be something else. This is the 15' year in a
row there is always something.
Mitchell Robe11s said I really don't see thc propeliy appraiser going around re-evaluating
properties.
Joseph Dillon remarked the last time he saw it was 48% that the Port paid of the property
taxes. There is a lot of malarkey here that the P011 is not going to buy the CID Meeting is
Friday,
Chief McLaughlin said from the Depm1ment point we have done all we can do to provide
the powers that be om altematives at the best price for the service, We presented what
we could do, The County Manager has the prerogative to agree or disagree he is the boss
and has to look at things from a different perspective he doesn't think it is feasible he
feels the Board of County Commissioners need to take action to do something to produce
some revenue, How that happens I don't know. Since this Board works for the County
ce11ainly if you feel strongly about having the protection out there it is your prerogative
to write a letter to them,
Joseph Dillon said we've always felt strongly about this 3 or 4 weeks ago they considered
2.3 million for astro turf for the playgrounds, I know you are going to say the money
comes from some where clsc but it is County money the money is out there.
Chief McLaughlin said no it is not County money you cannot mix MSTU money with
County monies.
Page 3
161lA'Itf
ChiefMcLaugWin said by State law you cannot mix MSTU funds with general fund.
Joseph Dillon asked what are we going to see in black and white other than our minutes
reflecting these steps is there something coming out of Mudd's office.
ChiefMcLaugWin said we sat at a budget meeting and either it is yes or no basically
that's how it goes. He looks at the budget we put in expanded services and he wanted to
know how we were justifying it and he disagreed, he said no. He didn't think we could
fund it he felt we needed to fmd alternative funding source for that with out damaging the
budget. The only altemative is for you as a board to go to the County Commissioners to
do something about providing a service out there they are the ultimate authority. He
suggested they write a letter as a board regarding providing protection at Port of the
Islands to submit to the Board of County Commissioners. The County Manager feels that
over time it could be a problem to the budget.
Joseph Dillon asked Chief McLaughlin to ask Linda Swisher to complete the minutes and
send them out to him by Friday Moming,
ChiefMcLaugWin said he would try to comply with his request regarding the minutes.
He went on to say that we have provided our side with the least impact to the budget to
try and put some protection at Port of the Islands.
Joseph Dillon said it's all done now you can't do anything.
Chief McLaughlin said his job is to fmd altemative means in the budget to find the best
possible ways to produce protection at the best costs we did that. He explained that
nothing was said about implementing it absolutely once the means has been found then
he has to go to the powers that be and say this is how we can do that tllis is how we can
fimd it at the best possible price now they can either agree or disagree that is the bottom
line. The means is still there to do it the people at the POli Hotel are still open, the money
is still in reserves to remodel the issue is the reoccurring $16,000 in rent.
Joseph Dillon said he would not write a letter that it is useless and he is done for the night
he has heard enough. This is a waste of time for anyone at the POli.
Mitchell Robelis said he has some suggestions.
Joseph Dillon said if it will result in positive action that's fine but if it is just words it
means nothing.
Page 4
161 lAM
Mitchell Roberts brought up the fact that Port of the Islands pays 42% or 48% of the
Ochopee Fire Control District Budgct and their ISO rating is worse than his. Out in
Copeland it's a nine.
Joseph Dillon said his insurance agent and all the insurance companies say they are a ten.
Chief McLaughlin said ISO rates you as a nine they're wrong wc've got a letter you can
send to your insurance company, it should go down,
Mitchell Roberts recommended to Joseph Dillon that a letter be written to the board of
county commissioners and the cm Board possibly contacting the media regarding this
issue, He feels the squeaky wheel gets oiled the whole community out there should be
involved, He also suggested that the cm board work on the developers out there and get
the $16,000 for rent reduced so at least there is something done regarding that issue. The
motel and developers have a lot to gain by an ISO rating change.
Chailman Mitchell Robelts went on record stating that Joseph Dillonjust left the meeting
and now no longer having a quorum the meeting adjoumed.
-'"
Mitchell Robelts; Chainnan
Ochopee Fire Control District AdvisOlY Board
Page 5
Fiala
Halas
Henning
Coyle ~
Coletta INUTES OF THE MEETING OF THE PARKS AND
RECREATION ADVISORY BOARD
16 j Ap4r~~o8
Naples, Florida, September 17,2008
~.""'\ ~',~ ~--....
1-0; t: I \! t:: Li
DC i 1 7 2008
::h;di(i.._",;.:),jfl1V';0iT,n1I;5::;ilJil",,_
LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in
and for the County of Collier, having conducted business herein, met on this date
at 2:00 P,M., at the North Collier Regional Park in the Administration Building in
Naples, Florida, with the following members present:
CHAIRMAN: John p, Ribes
VICE CHAIRMAN: Edward "Ski" Olesky
Frank Donohue
Barbara Buehler
Paul Nyce
Kerry Geroy
Bart Zino (Excused)
ALSO PRESENT: Barry Williams, Director, Parks & Recreation
Murdo Smith, Parks and Recreation
Tony Ruberto, Sr. Project Manager
Tona Nelson, Sr, Administrative Assist,
Mise COITes.
Date I Vl Cl/~
Item .jleJ: ll)4 L?
i,~opjes to:
Is~tet!ltl?
I. Call to Order
Chairman Ribes called the meeting to order at 2:12 p,m.
II. Pledge of Allegiance and Invocation
The Pledge of Allegiance was recited and Invocation was held.
III. Approval of Agenda
Mr. Olesky moved to approve the agenda. Second by Mr. Nyce. Carried unanimously
6-0.
IV. Approval of August 20, 2008 minutes
Mr. Olesky moved to approve the minutes of the August 20, 2008 meeting. Second by
Ms. Buhler. Carried unanimously 6-0.
V. New Business
For logistic purposes, the Board heard items b) and c) before item a), d) and e)
b) Employee of the Month for July and August - Barry Williams and John Ribes
Cbristian Smith was recognized as Employee of the Month for July,
Brian Owens was recognized as Employee of the Month for August.
c) Recognition of Ranger Cinde Kavan - Barry Williams and Murdo Smith
Cinde Kavan received a "Certificate of Appreciation" for her work with the
Community Emergency Response Team (CERT) training held at Lely High School.
She noted she enjoys working for the County and appreciates the support from Staff in
the fulfilling of her job requirements.
Greg Spears of East Naples Fire Department addressed the Board providing an
overview ofCERT, which promotes individuals within the Community responding to
Emergencies. He commended Cinde Kavan on her efforts with CERT.
a) Directors Highlights - Barry Williams
. A newspaper article in the Naples Daily News highlighted a $1 M dollar
payment (covering a period of 10 years) to the City of Naples for a funding
agreement between the City of Naples and Collier County for the County
Citizens use of various City of Naples Parks and Beach Facilities, The expense
was funded via the Parks and Recreations Department ($500,000) and other
General Funds ($500,000) within the County budget. There is also an annual
index in the agreement linked to the Parks and Recreation's budget ratio to the
overall County Budget for increases and decreases where the County will
provide a percent of funds to the City of Naples on an annual basis. He noted
this would simplify the issue, which has been the subject of various negotiations
in the past.
. The County received funds in the amount of $147,000 from the Treasury
Department for the design and permitting for the proposed Community Center
at South Immokalee Park.
2
16 I s!ed'la08
. The County also will receive funds in the amount of $135,000 from the State of
Florida for the Immokalee Sports Complex.
d) Fish Cleaning Station Information Update - Murdo Smith
Barry Williams provided the update noting the Florida Department of Environmental
Protection does not allow traditional fish cleaning stations that are "over the water"
(stations which allow easy disposal offish parts directly into navigable waters.) They
are required to be "off the water" with no connectivity to the water.
A discussion ensued regarding various types of fish cleaning stations that may be
utilized at County Facilities. A handout entitled "Fish Cleaning Stations" from
www.marina-acccssorics.com provided examples of free standing Fish Cleaning
Stations, He noted that Gary McAlpin, Coastal Zone Management Director was to
provide an overview of the issue, but could not be present at the meeting,
Mr. Donohue circulated a handout, which showed fish cleaning stations that contain a
grinder for fish parts, which are subsequently flushed into the municipal sewer system
for disposal. The cost of these stations is approximately $11,000 - $14,000.
The Board requested Gary McAlpin address them regarding the various options
available,
For logistic purposes, the Board heard item VI a) and b) before item V. e).
e) New Design of the Beach Parking Permit - Murdo Smith
Barry Williams provided a copy of the new "Beach Parking Permit" noting that it will
be required to be placed on the inside of the windshield on the drivers side of the
vehicle,
VI. Old Business
a) Update on Co-Sponsored Youth Agreement - Sidney Kittila
Barry Williams presented a document entitled "Collier County Parks and Recreation
Department Youth Sports Association Facility Agreement" dated September 9, 2008.
Mr. Nyce moved to approve the document ("Collier County Parks and Recreation
Department Youth Sports Association Facility Agreement" dated September 9, 2008.)
Second by Mr. Olesky. Carried unanimously 6-0.
b) Recommendation and Approval of the Fee Policy - Barry Williams
A document entitled "Resolution 2008-_ "A Resolution of Collier County, Florida,
Re-Establishing the Collier County Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy and Superseding Resolution No, 2007-32 and all
Other Resolutions Establishing License and Fee Policy" was provided to the Board, It
will be presented to the Board of County Commissioners for approval.
Barry Williams stated upon review (by the Productivity Committee) some, but not all,
of the recommendation made by the Parks and Recreation Advisory Board were
incorporated into the new fee schedule.
Barry Williams noted an action by the Board would be preferred to move forward, but
not required and would leave it to the discretion of the Board.
3
1611~IS
September 17,2008
Mr. Donohue stated problems observed by a citizen at Veterans Community Park have
been adequately addressed by Staff.
Barry Williams urged the Public or Committee members to contact Staff if they hear of, or
observe any existing or potential problems at a Parks and Recreation Department Facility
so it may be addressed,
Meetine: Attendance Review
Mr. Zino was excused
Mr. Nyce left the meeting early - 2:50 PM
There being no further business for the good of the County, the meeting was adjourned
by order of the Chair at 3:45 PM.
COLLIER COUNTY P
,
es ~. oteSC; I v.' €4.c..;~
These minutes approved by the Board/Committee on I of {sf, ~
as presented or as amended_"
5
PELICAN BAY SERVICES DIVISION
MINUTES - JULY 2, 2008
Naples, Florida
: '\\/ED 16 11 ~I
tl,';rI
; lJ 2u08 Halas
1\1 CO\1llflfSSlonerS:j Henning
H9i::1,IlA ,\f <.;CJlJP , ~- Coyle~
Coletta *-
x:
LET IT BE KNOWN, tbat the Pelican Bay Services Division, in and for the Counly of Collier, met in RegnIar Session on Ibis
date, July 2, 2008 at 1:00 P.M. al the Hammock Oak Center, 8962 Hammock Oak nm'C, Naples, Florida, with the following
members present:
Coleman Connell, CI13llman
Mary Anne Womble
John Boland
Robert Pendergrnss (Absent)
Annette Alvarez (Absent)
John Domenie (Resigned)
M James Burl<e
Michael Levy
John Iaizzo (Absent)
Ed Slams (Absent)
Ted Raia (Absent)
Also present: John Pelly, Division Administrator, District Offices, LLC; Janice Lamed District Offices, LLC; Kyle Lukasz, Field
Operations Manager, Pelican Bay Services Division; Tim Hall, Turrell, Hall and Associales, Inc.; Doug Finlay, City of Naples, Jim
Hoppensteadt, Pelican Bay Foundation; and Muy McCanghny, Reconling Secretuy, Pelican Bay Services Division.
AGENDA
L Roll Call
2. Approval of Minntes of the Minutes of June 4, 2008 Meeting
3. Administrator's Report
Discuss the Walerpark Place non-<Xlmpliance with the SFWMD Drainage Permit (Dr. Raia
slatement included)
4. Chairman's Report
Letter of May 16,2008 from Chainnan ofBCC to all Advisory Board Members
Process for selection of PBSD Administrator
Update Clam Bay Navigational Markers - BCC Meeting 6/24/08
Update, Foundation Strategic Planning Committee, Mary Anne Womble
5. Committee Reports
Clam Bay Committee Report
Included iu Chairman' s Report
Budget Committee Report
None
Government Relations
None
6. Capital Projects
Vanderbilt Beach Rd. Bollard Lighting
Myra Janco Daniels Blvd. Median Modification
7. Community Issues
Myra Janco Daniels Blvd. Crosswalk Estimates
8. Plan Reviews
None
9. COlmnittee Requests
10. Audience Comments
I L Adjourn
CHAIRMAN CONNELL: 'The meeting will come 10 order.
Misc. Corres:
Date l Vt~ <&l O~
MIs. McCaughtry, do we nave. . .3 q. 110 ? ( \ ^ /I _
Item it tloI 1~'O
ROLL CALL
7464
iPS t:
Pelican Bay Services Division Meeting
Julv 2. 2008
1611,+U,
MS. McCAUGHfRY: Currently we do not John Iai?JAllold me he would be present, so he mighl be jusl running a little
billale. We do need John in order to have a quorum
ClWRMAN CONNELL: Very good. Thank you. Approval of the Mimttes oflhe meeting of June 4,2008.
APPROVAL OF MINUTES
MR PETTY: Mr. Chairman.
CHAIRMAN CONNELL: Yes, sir.
MR PETTY: Withoul a quol11ll1. we can approve no minutes. We can have general discussion.
CHAIRMAN CONNELL: Can we take exceptions?
MR PETTY: No sir.
CHAIRMAN CONNELL: We can'l do that either?
MR PETTY: No.
CHAIRMAN CONNELL: Okay, On we go.
MR PETTY: We can have genernl comments and discussion, but we can1 come 10 a vole on any item.
CHAIRMAN CONNELL: I understand, yes. We may as well hold off, lhen. untillhe ne"1 meeting or until Mr. Iaizzo
arrives. We then go to the administrator's report, John.
ADMINISTRATOR'S REPORT
MR PETTY: For infonnational purposes, let lne bring the group up to speed. On Waterpark Place at our last meeting,
we had said that our review of their plan submittal fell short on the pervious/impervious. Staff will be meeting with South Florida,
the County staff; and the developlnent staff on the 15th to l1y to understand the project further. We have been in conversation witll
the County attorney's office, which is also looking at the process and askoo that we withhold any public discussion until they get
back to us with their determination. But staff will be wolking on the process with the County and South Florida and the developer
on the 15th.
CHAIRMAN CONNELL: Thank you. On to the chainnan's report then. This meeting is moving right along.
MR LEVY: Yes.
MR PETTY: Mr. Chairman, if I could, under the administrator's report I've got a little housekeeping issue.
CHAIRMAN CONNELL: Very good.
MR. PETTY: Jean Smith has sent us a little thank you for what the board has sent her for her 20-plus years of service,
7465
Pelican Bay Services Division Meeting
Julv 2. 2008
16' 1 Jt,(p
and since we've got the time would it be pennissible to read what she sent )'ou'I
CHAIRMAN CONNELL: Please do.
MR PElTY: "[)ear Pelican Bay Board, I want to sincerely \bank you for the digital piettrre fiame and the hamed
proclamation. The picture hame is something that I've wanted for a long time. It is currently showing a slide show of my five
grandchildren." We had sent her pictures of Pelican Bay, which she evidently has taken out "I have enjoyed working with all of
you in tlle many years I've spent in Pelican Bay. Peliean Bay is a pristine community of which you should ail be very proud. I
know you all WOlk very hard to better the conununity. I am feeling good and anl currently in remission. Thank you ail for what
you have done for me. Sincerely, Jean Smith."
CHAIRMAN CONNELL: Very nice. Pardon me, John?
MR DOMENIE: If I may ask Yon have to assign somebody to write the article for the Pelican Bay Post
CHAIRMAN CONNELL: Well, I'm going to write the next one, yes, and [ will gct to the Pelican Bay Post Thank you.
MR PElTY: This meeting is just a worl<shop.
AUDIENCE PARTICIPATION
CHAIRMAN CONNELL: And now we'll go to publie comment Anyone who has anything? We don~ have a
microphone oul, do we?
MR PElTY: We'll fix that Mr Chairman,
CHAIRMAN CONNELL: Hold your comments just one lnoment until we get a microphone working.
MS. DRESCHER: Sir, what is your name, please? Yes, sir.
MR DOMENIE: John Domenie, D-o-m.e-n-i-e.
MS. DRESCHER: Great l1mnk you.
MR DOMENIE: Okay.
CHAIRMAN CONNELL: Here is a mike right here, John. Would you like to use that, please, if you don't mind?
MR DOMENIE: Mr. Chainnan. \bank you very much. I would just like to take a few minutes of the time. For those in
the audience who are not aware, I resigned last Tuesday after the BCC meeting. Basieally, I resigned, sent my letter to Tom
Henning with a copy to our representative, our commissioner, Mr. Halas, and, actuaIJy, the day before I'd sent to Mr. Halas the
suggestion what we could do with the problem of the markers suggesting that perhaps I sit down directly with David Buser and
come up with a simple plan rather than get ail these agencies involved, but I guess Conunissioner Halas did not want to take that
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on. So I resigned, basically, becanse I really got Ws),'llSted with what I saw. All the people from the audience spoke in favor or
against the rruukers. Then the commissioners started talking. Commissioner Coyle made a motion, which was immediately
approved, seconded by Mr Halas, later Commissioner Halas decided to take back his second on that motion, and then a new
motion was made to create, as fur as I can undCISland, another study group on top of the study group that already exists. I guess the
results that the study group came up with were not satisfactol)'. I have been troubled by the lack of support from the Pelican Bay
Property Owners' Association and the Foundation, and I think I exchanged smne e-mails with Jim Hoppensteadt on that I feel on
this matter we needed support from the Foundation and the Pelican Bay Property Owners' Association. Also, from this board, I
think we all should be involved in it not just the Clam Bay Cmmruttee. Perhaps we should look at what some of the original
documents show. And it is a naturnl resource protection area. What does that mean? How can that affect us? How can we look for
some help from that area? I think it's difficult for us to discuss some of these docnments because we would have [0 go to an
attorney, and I guess the only attorney that we can go to is the County attorney, and I don~ think we're going to get the necessary
infonnation that we're looking for In a way, I'm happy that I have resigned because I'm no longer involved in the Sunshine. I can
now talk freely with anybody I want about any sul~t For instance, one little item. The County's very critical of ns, of what we do,
but [ walked 011I to Clam Pass PaJk on Monday, and [ counted how many bottles and cans and cnps there lying along the way,
which should be cleaned up. If yon walk along the benn or along om boardwalks, they get cleaned eveI)' week_ So it bothers me,
little things like that I have one request to Kyle. Kyle, I don~ think it was you who put those rruukers along the berm. Was it the
Mangrove Action Group that wants tenths mmkers?
MR LUKASZ: No, it was done essentially through the beach or boardwalk advisol)' group.
MR DOMENIE: Oh, okay. The Foundation did it I would like you to rethink those, if possible. And, finally, I'd like to
thank everybody on the Pelican Bay Sen-ices Division because I know how hard it is not to talk to yom friends on the board abolll
subjects, and I encourage you to please continue working hard for the benefit of Pelican Bay, and [ thank each and eveI)' one of yon
for your elforts on behalf of Pelican Bay_ Thank you.
CHAIRMAN CONNELL: Thank you. John.
MR BURKE: Thanks for everything, John.
CHAIRMAN CONNELL: We now have a working microphone, so anyone who wishes to speak, please use the
microphone. IdentitY yourself, tell us where you live in Pelican Bay, and you each have three minllles. !fyou exhaust yom three
minutes, there's another three at the end of the meeting Go right ahead, sir.
7467
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MR KLAUBER: Thank you. Good afternoon_ My name is Bill Klauber, and I live at Cap Ferrat I have a question and
perhaps a suggestion. The suggestion fIISI. We've been in Pelican Bay over 20 years, and I've always been bothered a little bit by
the stop sign as you approach the Phil on Pelican Bay Boulevard because for every two ears that are 1nming right, there are maybe
two or three that are going straight Is tbere any way to make that a right-turn lane only? I'm not suggesting not a stop. So that's
just an observation that it might move the traffie because there are times, as all of you IIl3Y realize and that have experienced,
there'll be six or seven ears waiting to make a right turn. So that's just an observation. The second concerns the little body of water
that runs along the Sandpiper out from the band station out to Pelican Bay Boulevard. That looks awfully 1IlCSSy; lots of algae, trash
there. Whose responsibilil)' is it to maintain that? That's the question I have on that And, if it is the Pelican Bay Services Division
responsibility, perhaps they could get there from time to tinIe, and maybe tbey'll observe some of the things we observe.
CHAIRMAN CONNElL: I believe it is the services division responsibility. Kyle if you'd make a note of that, please or
do you have any coIDlllent to make concerning it
MR LUKASZ: No, that is ours.
CHAIRMAN CONNELL: Okay. Thank you very much.
MR KLAUBER: Thank you.
MS. WOMBLE: May I ask you something? Excuse me.
MR KLAUBER: Certainly.
MS. WOMBLE: You were saying the right turn, maybe I misunderstood, but is this going east or west or both?
MR KLAUBER: It would be going toward the Phil.
MR BURKE: East.
MR KLAUBER: Myra Daniels Boulevard luming right.
MR BURKE: Going south.
MS. WOMBLE: You mean from Pelican Bay Boulevard'l
MR KLAUBER: Pelican Bay Boulevard, exactly.
MS. WOMBLE: Onto Myra Janco Daniels?
MRKLAUBER: Yougotit
MS. WOMBLE: Okay. So that would be going east.
MR BURKE: South.
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MS. WOMBLE: And then south.
MR BURKE: Then south, I believe.
MR LEVY: Well, you're heading east --
MS. WOMBLE: You're headmg east
MR LEVY: On Pelican Bay Boulevard and then you're going to make a right turn.
MR KLAUBER: Yes, tllen you're going south tov.ards Seagate.
MS. WOMBLE: Okay, because there's also some concern about the way people handle that area over coming out of
Ridgewood onto Pelican Bay Boulevard, I just wanted to make sure wllere you meant And, tlla!'s a nice suggestion.
MR KLAUBER: Thank you.
MS. WOMBLE: Yes.
CHAIRMAN CONNELL: Does anyone else have anything they'd like to bring to us? Yes, Mmcia.
MS. CRA YENS: Good afternoon. Marcia Cmvens, Dorehester Condo. I just want to say personally in regards to the
June 24th BCC meeting it's unfortunate it got refr.uned again as being Seagate versus Pelican Bay. It never should be framed like
that This is Clam Bay Natural Resources Protection Area. It belongs to all of Collier County. The Mangrove Action Group
throngh me has tried very hard to open the conversation up to tbe larger community, and we had actually begun that process, as you
know, in the June 4th meeting aud with a lot of e-mails going back and forth among people in tbe larger community. One of the
things that I think was a good outcome from that BeC meeting was that there willllOw be a real county-wide group tllal is foI111ed
from the BCe. It will not be some kind of a quasi-type of stakeholder group, and hopefully we won't have any more issues of
Sunshine Law violations, which hopefully will actually muse the discussion groups to be disbanded There were some real
violations that occurred tllCfC. They're being investigated. And I believe that the new group that's going to be fmmed ftom the
commissioners will actually be a county-wide, citi7..en-wide environmental organization and higher education/university-affiliated
type of council that will actually bring in the issues that should be discussed.
MS. WOMBLE: Marcia, why do you think that? Are you privy to information about the list that they are compiling for
who will be on this committre?
MS. CRA YENS: I don't know. I do know that, you know, as I attended that meeting and I do know that Chairman
Henning specifically addressed his stalf aud the attorney for the County that they wauted infunnation on how to make this a
county-wide committre that was going to be ordinanccd and created as it should have been initially. And so that's what I would
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expect will come back to them. I'm not privy to any particnlar names. but I do know bow it is done in other places. I bavc been on
web sites. There's a federJl coastaI zone management progrdDl as well as a State one in places like Tampa Bay where they bave
those kinds of advisory groups. They include those types of people, and I would bope that will be the case bere.
MS. WOMBLE: Well, you just indicated !bat you thonght !bat this should have happened in the first place. In the first
place instead of wbat?
MS. CRA YENS: Instead of the discussion group that was created by Gary McAlpin of the Coastal Zone Management
Department !bat was supposed to be a community-wide stakeholder tIring but at least in my oPinion and I have been involved WitIl
that from the beginning that's not what I saw.
CHAIRMAN CONNELL: Marcia, my interpretation of Commissioner Coyle's instmctions to Gary McAlpin were the
result of what he sat and listened to at !bat meeting, which was a diversity of opinion about marl<ers. Primarily, that was snpposed
to be the purpose of !bat part of the program.
MS. CRA YENS: Uh-huh.
CHAIRMAN CONNELL: So I'm not sure I understand whether you think G.uy will now assemble this group to make
!bat plan, whicb Commissioner Coyle bas asked for.
MS. CRA YENS: Actnally, it wasn't Commissioner Coyle. It was Chairman Hemmig !bat addressed his staff and County
attorney to come back to them with instmctions or iufonuation about how a County-wide comminee tIUl\ would be fully under tIle
Sunshine Law and, I would expect, appointed or ordiuauced by the BCC and I did not see that the resolution was directed at Gary
McAlpin for hiu1 to create another one of these haud-selected stakeholder groups. I would expect tIlere will be applications to tIlls
committee. Thafs my understanding.
CHAIRMAN CONNELL: Well, the reason I bring it up because I was at the meeting.
MS. CRA YENS: Uh-huh.
CHAIRMAN CONNELL: And it was Commissioner Coyle who first broached tbe subject and commissioned, play on
words there. he asked.
MS. WOMBLE: He suggested.
CHAIRMAN CONNELL: Well. actnaIIy, no.
MR. BURKE: No. he ordered
CHAIRMAN CONNELL: He ordered them to come back with a plan because Conunissioner Henning expressed some
7470
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Pelican Bay Services Division Meeting
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puzzlement. He wasn't quite sure what kind of a plan he was coming. . weill don't tlrink we're talking abuut the same thing.
MR. BURKE: No.
CHAIRMAN CONNELL: We're not. So I don't want to prolong it. But I will tell you !bat the meeting !bat I went to and
! know the iustmctions that were given to McAlpin were vague at best.
MS. CRA YENS: Yes. but Chairman Henning also gave instmctions to staff to come back to the BCC.
CHAIRMAN CONNELL: I don't know about !bat.
MR. BURKE: Yes.
MS. CRAVENS: He did. He did.
CHAIRMAN CONNELL: Because I've spoken ",th Mr. McAlpin, as has the Prnperty Owners. We would like to
participate in the formulation of any plan, not be obstmctionists at all but representing the community. And I'm not so sure that's
going to happen. but bupefully it wiD.
MS. CRA YENS: WeD. there was discussion. Tbere was. actually. direction from Chairman Henning to his staff. He did
not direct it at a particular named person, but he directed his staff and the County attorney !bat they should get together and
determine how the BCC could go about fornling a county-wide conunittee. And my understanding of wben !bat's done is they
advertise it. tI1ere's applications made, and there's no question about it.
MS. WOMBLE: Marcia, if you're remembering that from the Board of Collier County Commissioners meeting'l
MS. CRAVENS: Yes.
MS. WOMBLE: I don't believe that's what he was taIking about when he said you should get witb the lawyers. I think
Mr. Hemmig was most concerned !bat tI1ey bad already made a motion, passed tile motion for us to have our pennit application be
okayed by tI1el11. They did pass !bat.
MS. CRA YENS: Right.
MS. WOMBLE: And he was talking about whether or not it was legal for tI1em to change after !bat motion had happened
to completely ignore what tI1ey've already done.
MS. CRA YENS: Right.
MS. WOMBLE: And start in on solnething new. And I believe !bat was actually what tI1ey were discussing.
MS. CRAVENS: Well, that was also discussed, and he did direct his attorneys !bat tI1ey should also he cautious about
trying to take away sonlething that had already been given to PBSD in tenns of management of the mangroves and Clam Bay.
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MS. WOMBLE: That's it exactly, tI1e pennit.
MS. CRA YENS: Well. that happeued on April 22nd.
MS. WOMBLE: Right.
MS. CRA YENS: But I do believe !bat be did also gave direction to staff abuut how to form a county-wide committee. and
I would e"pect tI13t. you know, memhers of Pelican Bay SeJVices Division or the conul1unity would also be able to participate in
tI13t.
MS. WOMBLE: I would hnpe. but I don~ believe !bat your remembrance and min<; are the same.
MS. CRA YENS: Okay.
MS. WOMBLE: I believe tI13t tI1e legalities for tl13t particular decision were wl13t he was most concemed witl1. The
organization was not something he was really going into at !bat point, because he figured first things first. At least !bat was tI1e
implication I got.
MS. CRA YENS: Right. There was a couple of different points that were discussed and what you're taIking about wbcn
Coyle WdS saying Ict's look at tI1is whole lnanagement of Clam Bay and, you know. lIlen Henning said, "Well, I'm not sure you can
do !ba~ you know," and I sbould. I guess..
CHAIRMAN CONNELL: Let me intermpt. Fortunately. this all will be clarified when the verbatim minutes come out.
MS. CRA YENS: Right. Well, the DVO is available. I expect to go pick it up probably today.
CHAIRMAN CONNELL: Right.
MR. LEVY: When did Hemmig speak to staff! Was it after !bat meeting when lie spoke to Ius staff and said this?
MS. CRA YENS: It was during tI1e BCC meeting. He was looking at Jim Mudd, and he said he wanted staff to come
back witIl iufonuation on how tI1e BCC could fonn a colmty-wide committee and that it would operate fully under tIle Sunslune
Law.
CHAIRMAN CONNELL: Thank you very mIlCh. Those minutes should be on the web site after their meeting ne,,1
week, whicb I think is on tI1e 8th.
MR. BURKE: Yon can stream it on the web page. I've been through it three timcs.
MS. CRA YENS: You can purchase a DYD for $2.
CHAIRMAN CONNELL: Thank you. Anyone else who bas any comments to make? Administrator. do you have
anything furthcr at tI1is point?
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MR. PETTY: No. sir.
CHAIRMAN'S REPORT
CHAIRMAN CONNELL: I'd like to raise a point. We have Mr. Domenie here. who has resigned. which, of course.
leaves an operung. Would yon nm tInough for us the process we should follow for making a reconnnendation to tIle Board of
County Connnissioners for a successor?
MR. PETTY: Sir. we have a process tIllIt basically states should a board member resign or give up his position or in some
otl1er way leave his post tbere is a process where tI1e Counly Commissioners would then go to the ne"1-highest vote-getter in the last
election.
And wc llllve the list available to us. If you recall. Mr. PendergrdSS was tIle last one that was brought in, and
after him is Mr. Spanier would be the next-bighest vote-getter. So in this case witl1 Mr. Domenie resigning. Mr. Spanier is tI1e one
!bat we would ask to sit again, and if he didn't accept the position we would go down the list. And there is an Anna Halikas. a
George Metcalf, and a Martin Feius. Now, subject to their availability, you may want 10 consider offering up any other fi3UICS or
suggestions you may have so that the Collier CountY board does not 11llve to sit twice. First, of course. I think you wonld consider
supporting Mr. Spanier.
CHAIRMAN CONNELL Yes.
MR. PETTY: Secondly. I don't know about HaIikas or Mclcalf or Feins and their aV'.lllability. But I see Mr. Spanier in
the audience tnday. and I tI1iuk we might get him to say ifhe would accept or not. and !bat may simplilY things.
CHAIRMAN CONNELL: I believe Mr. Melcalf witl1drew before.
MR. BURKE: Withdrew. yes.
CHAIRMAN CONNELL: WitIKIrew but after tIle ballots bad gone out. l113t's why you see a vote there. In tile event tI13t
we don't have a clear -Qlt agreement, we would give the Board of County Connnissioncrs an array of, say. three fi3UICS witl1 our
recommendation, the firs~ tI1e second. and tIle third.
MR. PETTY: That's what I would recommend so that the County could makc a decision witl10ut having to sit again. So
they would have a list to go by.
MR. BURKE: John, doesn~ somebody. Sue Filson, somebody. Jay Cross, make a fonnal contact on these penple to see if
tIley're willing to serve?
MR. PETTY: Typically. we do. Or. Ms. Filson or somebody at tI1e counl)' would as well before tI1ey would bring them to
tI1e BCC so you wouldn~ make tI1C111 sit twice.
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CHAIRMAN CONNELL: Is it likely !bat we can have a recommendation to the BCC by tI1eir next meeting. which is
nexi month?
MR. BURKE: No, it 'V.IS July something.
CHAIRMAN CONNELL: July?
MR. PETTY: 15th.
CHAIRMAN CONNELL: 15th. is it?
MR. PETTY: I tItink it is or that week of.
CHAIRMAN CONNELL: It's the second and the fourth, I believe.
MR. PETTY: 22m!. Mr. Chlli.nnan, I don~ believe so. Since we don't have a qnonun today, we can't reach a consensus, I
think this list is as best we can do. But. again. Mr. Spanier is here.
MR. SPANIER: I don't care to make my decision in this session. I have it under very serious consideration. I'm bere
more to observe tI1e outcome of what seems to me a great deal of roiling and explorntion of what the board is and should be, et
cetera. So in due course, ifl am offered tI1e opporturrity, I ",D make my decision.
CHAIRMAN CONNELL: Thank yon. All right tben. Moving on, on our agenda last month, I bad two items !bat were
a matter of information. The meeting. as you may recau, went on at great length, and so I didn~ have time to come back to it. But
one of tI10se items was tI1e letter !bat each board member lICre of tI1e Pelican Bay SeJvices Division received over tI1e signature of
Chairman Henning. It was a cautionary letter. It was a reminder letter as well of the charter of eacb of tbe MSTBUs in Collier
County. The infonnation I want to relay to yon is !bat, (A) it was nut written as a result of something that had been reported by or
observed by the Pelican Bay Services Division. It was some other MSTBU. Every such board in Collier County gut the letter, and I
tIrink it's good because I think from time to tifiIC we need to be reminded just exactly what the parameters are of our responsibility.
(B) tI1e second item yon may recau in May we authorized a one-year contract with John for his services. The vote was unanimous.
Subsequent to !bat. a board member having second tI10ughts went to one of tIle County attofllCys and voiced his concern abuut his
second tI10ughts and asked if he could change his vote and was told, no that he could not. This is aU public it is all a public matter.
The County attorney staff member, being a good staff member, reported to the purchasing division of the COlmty this matter !bat
had been brought to her attention and the advice !bat she bad given. Snhscquent to tI1aI. I received a call from the director of
purchasing, and we had a rrice conversation. He explained what his concerns were. I explained to him !bat we had, first of all. an
engagement documented for !bat position. which was sent to each of the tI1ree who were bidding on it and two of them elected not
7474
Pelican Bay Services Division Meeting
Julv 2. 2008
16' 1*,.,
to. His concern was, so be tells me. tl13t the contract amount was just under tile threshold of which the county requires more
stringent bidding. I did nut get anything back from him to the coutr.ny. ] told hiu1 when I had a new job description completed we
would be putting it out at tI1e eud of tI1e year and I would send hiu1 a copy so he'd know exactly what we were doing. He offered to
supply a list of vendors who supply the services that we are seeking. I give it to you as a point of iuforn13tion so you understand
tI1ere was nothing, to the best of my knowledge, !bat tbis board did which was irregolar, and I've heard notl1ing back from tI1e
County tImt they tIrink that's the case. We've been tI1rough the Clanl Bay navigation marl<ers meeting. I don't think it deserves any
!iutI1er discussion. And lastly on my part I would ask Mary Anne Womble if she bas anything to report on the strategic planning
connrrittee of tI1e Fo1U1dation.
MS. WOMBLE: WeD, yes. We bad a telephone conference in JUfIC and we discussed the f.tct that we're couting closer
and closer to compiling aD of the iufonnation tI13t WdS received from the surveys !bat were sent out. We got quite a lot of them
back. We're addressing tI1e iofonuation !bat we have received, discussing among oun;elves and ,,'th mends and neighburs some of
tI1e concerns we still have, and at this poin! there is a worksbup for July 8t11 from 12 'til 3 :30 that will be here in tI1c community
center. And that's pretty much it until we get all the infonuation compiled and have it handed out so we can take a good look at it
at !bat time and kind of see where our directions are going to go. but our main thought is to offer that iofonnation to the citizens of
Pelican Bay so maybe we can get some more iufonnation, suggestions. And we're just heading toward a future !bat may be very
pleasant and, bopefully. tbe way everybody's hoping for. You can' keep everybody happy; we know !bat, but we certainly are
l1ying. SO !bat's wbere we're headed. We have a workshop on July 8tIl here.
CHAIRMAN CONNELL: Thank you. Any board member have a question for Mrs. Womble?
UNIDENTIFIED SPEAKER: Is tI13t 3:30?
MS. WOMBLE: From noon until 3:30.
MR. BURKE: What's tbc date again?
MS. WOMBLE: July 8th.
MR. SPANIER: May I ask a question? I realize it's not the normal way or format.
CHAIRMAN CONNELL: Would you please use the microphone?
MR. SPANIER: Excuse me.
MS. WOMBLE: Mr. Spanier, as long as l'vc been coming to these meetings and it's been many years now I have totally
enjoyed the fuet !bat you hate nricroPhones.
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MR. SPANIER: Thank you very mucb, Miss Womble. I anl Donald Spanier for the record. The question is this: It
seems to me tI1at tIlere is a very clear linkage between the work that tIle budgetary ann of the FOlmdation is abuut to enter into in
the ne"1 montl1 and a half or so. wbicb wiD set in concrete the priorities and the expenditures and the necessary impact on tI1e
commnni1y's finances. a linkage between that and what the strategic wew is bulb in terms of near-in and far-<ll1t priorities. My
question is: Is tIlere no interaction between tIle strategic planning comminee and. I guess, the budget and the audit conunittee and
the board of the Foundation on these matters? We're looking, after all, at the remainder of '08. '09. And, of course. the
e"trapolations would be out tIlere. TIl3nk you.
MS. WOMBLE: That's an exceDent question and a very good observation. And since we have Mr. Hnppensteadt on !bat
strategic planning coluruittee and Mr. Uek and several penple who are on the budget conurrittee are part of tl13t. yes you bet you.
And, frankly, it's an oveffidiug factor in a lot of cases because money is money, as money is money aU the way tI1rough from bere
on out. And we are all very weD aware tI13t we havc to be addressing priorities and wl13t's reaDy going to give us tIle most bang for
our buck and bow we're going to keep tbis area as nice and pleasant as it is. That seems to be wbat everybody wants, the same old
S3fiIC old, which is wonderful, but to go at it with a newer frame of mind for the future. too. because we want to make sure !bat our
develoPment is something !bat penple are interested in bu}ing into as we aU go along our way into other areas of life. So. yes. Are
we aware? And is that part of the whole plan? You bel. Absolutely. I tutaUy understand what you're asking. And, yes. there are a
number of people tI1ere who are very well aware of how much lnoney we have in the budget for now and what's going to be
necessary in the future to even come close to what we're boping to provide.
MR. SPANIER: Okay. Thank you.
MS. WOMBLE: No, tIrank you.
COMMITTEE REPORTS
CHAIRMAN CONNELL: Thank you. Clam Bay committee. Our committee chairman, post chairman, you havc
nothing to report, I assume. as a citizen.
MR. OOMENIE: As a citizen.
CHAIRMAN CONNELL: TI13t's recently retired.
MR. OOMENIE No. I think it's already been discussed.
CHAIRMAN CONNELL: Thank you very much.
MR. BURKE: Mr. Chairman. just out of curiosity, will tI1ere be any need to continue tIle Clam Bay conmuttee?
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CHAIRMAN CONNELL: That. I would sa)', is very much a matter of conjecture. We lost the microphone. I would
lhink seeing the way this is going !bat we may be looking at the first steps in a complete n!akf}{)ver of the government of Collier
County as it pertains to tI1e Pelican Bay Services Di"sion. That's ouly my opinion. So we11just have to wait and see but it's an
excellent question.
MR. BURKE: I would suggest we suspend it rmtil fruther notice.
CHAIRMAN CONNELL: Well. I'm not working bard on iL Jim.
MR. BURKE: Right.
CHAIRMAN CONNELL: Budget colmnittec?
MS. WOMBLE: May I make one comment?
CHAIRMAN CONNELL: Yes.
MS. WOMBLE: It was reported at one point that Pelican Bay citizens like to keep Clam Bay close to tI1eir chest, and I
take exception to tI1at. I taught at Seagate Elementary School for maoy years. and part oftl1e time I didn't live in Pelican Bay. but
mostly I did. During !bat period of time. because of legal constraints. we weren't allowed to takc the children on as many field trips
as we'd like. but I did take anybody !bat was interested and that generally ended up being virtually all my class and everybody else
!bat saw us going down to Clam Bay after school hours along witl1 a lot of parents. I have an enonnous anlount of children in tIlls
commnnity, throughout all of Collier Counly now because some of them can't afford to live bcre where their parents are or in tI1e
Seagate area or anywhere on this side of 75. an enormous, are you cak:bing !bat? An enonnons number of children who are now
young twenties. thirties and I hate to say it. but. yes, tI1ey're in their thirties. They have children who are probably of the age !bat I
could be teaching right now. and !bat's two generations !bat I have direct contact with !bat I did share Clam Bay witIl. Some of
them actnally lived in Seagate at the lime and do not now because tI1ey can't afford to or their parents moved away or whatever. But
I still feel very burl !bat somebody feels that the citizens of Pelican Bay are holding Clam Bay to thcir chest as tllOugh it is ours and
no one else's. How tI1ey can say !bat after penple C3fiIC to this meeting or the Clam Bay meeting, excuse me, the last Clam Bay
committee meeting from all ovcr this counly concefilCd about the signage !bat may change the environment, possibly MD. I want it
on tI1e record the fuel !bat you don't spend nrillions; you don't spend the time !bat Mr. Oomenie takes daily walking the berm,
checking out mangroves, passing out pbutographs as though tI1e mangroves are bis own children to show hmv much tI1ey've grown;
and you don't have penple involved with tIlCSC meetings conring or being a part of tIlis board, which gets little recognition uuless il's
bad or somebody is not agreeing with us unless it really matters. And, it does matter. I'm looking at a roomful of penple who've
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taken tI1e time to read bundreds and hundreds of hours of infonnation. I llllve canoed tI1roughout the estuary and, most
importantIy, all of Clam Bay as we know it llere in Pelican Bay and Seagate. I know for a fact where a lot of the oysters are !bat I
would dearly love to eat some day, but I won~. And it really upsets me, and I know it bas to upset John Dofilenie so I would hope
the penple, as this particular aspect of Pclican Bay Sen,ce Dn,sion board may be coming to a close, I hope people in tI1is
cotmmmity understand, and by commnnity I mean all of SontI1West Florida, understand wlUl\ stewardship of Clam Bay has IlJeant
to us. I bope you-all understand it basn't been something we held close to our chest. We did what we bad to do in order to keep an
enviromnent as pristine as it is. I want penple to retnemher tIUl\ the tll3figrovcs are a filtering systeln, that witl10ut the Clam Bay as
we know it we will not have the marine life nursery !bat we need. I'm very concerned about all !bat but I'm also hoping that
everyone will walk away ",tit tbis realizing that we're 1101 up llere for aggr,lIIdizenlent or greed. We are here simply for tile
environment to contain a part of Florida !bat bas been lost np and down buth coasts. I want to !bank everyone who bas been a
steward of Clam Bay, and tIllIt goes from Tim Hall to the person in tIns room tIllIl has !lie least knowledge. At leasl YOII cared
enough to be a part. Thank yon.
CHAIRMAN CONNELL: 1113nk you very much, Mary Anne. Budget committee. I have nothing to report. This is the
time of the year wben normaUy tI1e budget committee doesn~ meet unless tI1ey've been given direction for capital projects, because
!bat is about tI1e only e,,-penditure or prnposed expenditure that the committee could be working on, and tI1ere have not been any. It
may be because of tile econonric environment or it nlllY he !bat people simply are satisfied ",tIl what tI1ey have.
MR. LEVY: Mr. Chairman.
CHAIRMAN CONNELL: Yes, sir.
MR. LEVY: I have a question. A while back staff bad developed a very useful report !bat was weD received by the budget
committee and by the services division as a whole. a financial report where actual costs were being reported against tI1e budget.
guess tills is the second montl1l haven~ received this report. and I'm questioning or asking is it intended to maintain this report?
CHAIRMAN CONNELL: I tI10ught it certainly was intended. r guess r \\ill turn it over to YOl~ Jolm.
MR. PETTY: I knew I was going to get in trouble before the end of this. Yes. sir, we have nrissed it for two monfus.
And, as you know. Ba1bara retired, and she was the last one to train on the system. Mary goes for her training this montl1. We will
definitely have it next month. But she isn't allowed into the sJistem tI1e way we'd like. Kyle can get in. but Kyle bas been a little
overstressed and a little overworked here tI1e last 30 or 60 days because Barbara left. And we're filling in ber shoes. We apologize
fur not getting it to yon, and we will have it for you next montI1.
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MR. LEVY: All right. Thank you. And may I just inquire, are we to tllC best of your knowledge, are we in essence. are
we ruaintaiuiug our budget or our revenue and e~1>Cnses in line witl1 our plan'!
MR. PETTY: Sir, we are as SOnlld as the pound. I'd say sound as the dollar, but I think the pound would be better for us
today.
MS. WOMBLE: Could we try tbe Eum?
MR. PETTY: That burts.
CHAIRMAN CONNELL: Any other questions? Thank you.
Government relations. Jim.
MR. BURKE: Yes, Mr. Chainuan, I was asked by Mary to submit anything I wanted to do. At the time I bad nothing,
but tI1e past week commission meeting has made lne reel it's time for me to make a lruyor statement concerning Clam Bay, and if
you'll indoIge me for a few nrinutes here. I want to address the Clam Bay system as it bas come to e.xist today. In fuel, I feel very
mncb that I need to do so, and I'm going to do so in a direct and, sonle may think, a blunt lnamler. If you think it's blunt. so be it. I
could be a lot more blunt. I'm doing tI1is in an effort to lead the Pelican Bay Serv1ces Division board out of the self-inflicted role of
observer, outsider. complainer. criticizer of what has taken place recently regarding tbe future of tIle Clam Bay system.
I'm doing tI1is at this time because rernarl<s. statements, comments made to me as an individual, made at Pelican Bay
Foundation board and committee meetings. and, of course, the ever-<:urious Pelican Bay Post and its vigilant commentators. as well
as the comments made today in tIris meeting indicate !bat we will coutinue, as per usual. 10 blame otIlefS, point fingers,
nrisrepresent what has happened. Put another way: In my oPinion, we have dug ourselves into a deep bole of trouble. And our
solution. our response. our reaction to getting out of this trouble, to getting nut of this hole, "ill be to keep digging, and ] could hear
tI1e shovels at work earlier in the meeting. And I intend to do what I can to prevent this from happening.
Summary. How did we get here? How did "" get into this situation? And I'm going to go tI1rough some SUlmuary steps.
I'm not going to nanIC names, places, times. A year ago we began the process of renewing the 10-year Clam Bay mauagCl1lCfit
plan and pennits, but the Seagate community rose up and said, "Wait a minute. folks. There are unresolved issues bere. We've
been bringing tI1em to the service division's attention for 10 years. They've ignored us." But tI1is time tI1ey wouldu\ go away. They
did their homework. They made their contacts. It got to the point where their concerns had to be addressed. Collier County, our
partner in Clam Bay. brings in PBS&J. i.e.. Tomasko, and an extensive sea grass, water.quality study ensued. This was a positive,
proactive response to a controversial and potentially vCIj' messy situation. The decision was made to bold up on the IO-year
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renewal. Let's get the Tomasko report. Let's an.'1i)n: it. digest it. take a look at how its findings could be incorporated into tI1e
lO-year renewal plan.
A I-year e"iension of tI1e IO-year plan was applied for to give ns the time 10 digest this report, but a Pelican Bay group
rose up and said, "Wait a nrim1le. The Tomasko report is all abuut water and we. Pelican Bay. we're all about mangroves. We say
mangroves will take a second place because of tIns, tIle die-<>ff ",II begin again, and we're not goiug to be subservient to water.
We're not going to let tIlis happen." This group coofronted the service division buard and demanded !bat tbe buard go directly 10
the Board of County Corrunissioners witl1 this situation and demand !bat the BCC recogni;ze the service division as a mangrove
,uaiutenance organization.
I disagreed witl1 tIns detuand, and I still do because I believed, and I stiD do. that the situation was wellmlder control and
moving in the right direction. The new 100year-plan pennit would effect no change in our mangrove management responsibilities
and duties. but, yes. it would include new players, new corrununities, new people. and otIler roles.
So thc Board of County Corrunissioners lays out a compronrise. "Service Division, you can maintain the mangroves, and
you can wotk within a new managemeut plan that will be developed." [was not happy "itll tIlis compronrise. Giving up tI1e Clam
Bay management plan was more tI1an I wanted to live with, but ] felt it was tlIC best we could expect having taken this to the Board
of County Commissioners, having gone that fur.
Now. did we declare victory and go bome? You know. aJler all, we got what we wanted. We got what we asked for. No.
we did not. We then decided, hey, you know, wait a nrinute. We care more abonl this than just mangroves. We care about
navigational matkers in outer Clam Bay. After all, we don't want to bocollle the laughingstock of the Gulf Coast.
So what's our solution? Dig, dig, dig. Let's go back in front of the BoanI of County Commissioners and teach this
McAlpin guy a lesson. Boy, a strategic nristake if evcr tIlere was one. I can say this: If I bad even suspected !bat our intent was to
go back in front of the commissioners witl1 a channel marl<er prolest, I would not have supported !bat marl<er protest letter. The
letter was enough. T\ris was suicide. A parade of, and I'm not going to be blunt llere, a parade of well-meaning Pelican Bay
citizens and uthers got in front of the BCC and expounded on aesthetics, oonspiracy tI1eorics, navigation ins and outs, illegal boats
in Seagate, yachts, parsing the wordage in the plan. slicing up county staff; in other words. pushing the connnissioners over tI1e
edge in trying to figure out what to do ",tI1 this messy situation.
In my oPinion, they did what tI1ey were forced to do. They bad to neutralize the situation. Commissioner Coyle. pushed
to his limits. and I'm watching this on TV, and I don't know what kept him in llis seat oomes out and says. "I waut to create a new
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group. a new body representative of all of Collier County to manage the Clam Bay system." COImnissioner Coyle made his feelings
very clear when he said, "Pelican Bay. Seagate, City of Naples, they do not own Clam Bay. It belongs to all of the people of Collier
County. We and this was interesting, "we, this buard, tIlese conunissioners. are at fault for turning a major colmty resource over to
a" quote, "neighborhood." He said. "We're pa}IDg the price today."
It had come to that point of frostmtion for the comnlissioners. And Commissioner Colella expressed the same frostration.
Now. I'm watching this on TV, and it may have looked a lot better in the big room in person, bnt I've got to tell you it looked
homble on TV. The Pelican Bay Service Division had coughed up its Clanl Bay responsibility at that meeting. its leadership of
Clam Bay. Watching via TV I said to myself, "this isa sad day in tIle history of tIle service division."
Now. wby did this llllppen? There's more tI1au enough blame to go around. I'm going to assign it to where it tmIy
belongs; this board of directors. We ceded responsibility for Clam Bay to others. We turned our back on it. We squabbled about
wbo speaks for the service division and wbo doesn~.
Unprecedented, one board member pointed a finger at another buard member and tried to silence him. tried to remove
him, get hiu1 out of tI1e way. We bec-dDle irrelevant. We retreated from Clam Bay. We bad no active voice in the Clam Bay debate.
We retreated from participating in the discussion groups. Pelican Bay Service Di"sion staff. primarily Kyle. was told not to
participate in tI1e navigational marl<er discussion group because it nright anger the commll1rity. At tlIC 06/24 Board of
Commissioners meeting, tI1ree Pelican Bay Se....'ce Division directors ceded tI1eir three nrinutes and I hnpe I'm accurate bere. to
Marcia Cravens.
MS. WOMBLE: No, you're not accurate.
MR. BURKE: Okay. One ceded it to Jolm Domenie.
MS. WOMBLE: No.
MR. BURKE: No?
MS. WOMBLE: I ceded it to the Conservancy lady, I recall.
MR. BURKE: Okay. But tile message was loud and clear. the Pelican Bay Se....,ce Division after 10 years of laudable
stewardsbip is no longer a leader, is no longer the voice of Clam Bay. We're followers.
Now. what to do next? Saying all tI1is stuff and it's my opirrion but I feel really firm about this. Now. what to do next? I
11lIvc served for 8 years on this buard, 8 of the 10 years of tIle plam1ed permit. Only John Oomcnie can make tIUl\ c1aiul. I came to
understand montl1 by month the importance. tI1e significance of tbe Clam Bay system to the Pelican Bay lifestyle. It is our
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number-one asset. It is what separates Pelican Bay from all other commnnities. I'm not going to stand b)' and watcb as the service
division becomes an ever-more minor player in this Clanl Bay situation
What are my next steps? What should I think our next steps should be? We need as a board and a commnnity to get re-
involved in the process. The discussion groups are nut going to go away. They may be restmctured. but tI1ey're not going to go
away.
We don't need to be observers any longer. We don't need to be criticizers any longer. We've got !bat out of our system.
We don't need to be the continued source of irresponsible sUl\ements that fly allover Pelican Bay. We have to be conslmctive.
knowledgeable, participating lnembers in this process.
And I'm going to tell you folks. hard as I may lly.l can't do it by m)'SClf I'm going to ask John Oomeuie tOjOill me. I am
talk to hiu1 now. I have asked Dave Roellig to join me. He's agreed last I knew. I wOl.dd like to have Mary Anne Womblc join me.
I'm seeking otl1ers in the community.
The chairman of this board needs to become an active, aggressive participant. Coleman Connell at tI1e 6/27 Pelican Bay
Foundation board meeting conuneuted that a new entity may be developed to oversee and manage the Clanl Bay system and !bat he
intends for us to be activc participants. That was good news to me.
Yes, there very well could be sucb a new entity. I mean, we have to he bonest. There is going to be one. That is what tI1e
commissioners asked staff and b)' tI1e way staff is Jim Mudd, to conle up with, but the foundation for tIns new entity is already in
place. We've ignored it. The Clam Bay Estuary discussion groups. I would like to have each oftl1esc individual discussion groups.
even if tI1ey're reformed, to have at least one nlember from Pelican Bay as a productive participant.
I want the board, this board. to designate the govermnent relations chair as tI1e lead position in this elfurt. If that's too
much to swaUow, tIlCll tile chairman should he so designated. But we have to have a Pelican Bay Service Division point man. We
can't continue to cede our time to non-buard members. Leadership is required here, strong leaderslrip.
Now. what do I tI1ink our active, productive involvement should result in? What is it I'm going to fight for? What am I
aiming for and I think we all should? One, Pelican Bay Service Division should have continued responsibility for the restoration
and maintenance of mangrove forests. It matters nut who or what has overaD responsibility for the entire system. It's going to be
anotl1er entity. and there's going to be a new management plan. but the sen,ce division should have mangrove maintenance
responsibility.
We work witl1 a navigational marl<er group, and we helped develop a reasonable comprolnise to tile 28-marker proposal.
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And that's where Jolm Domenie, tIle navigator, comes in. We become the active voice of Pelican Bay on tile issue of sand
bypassing/Clam Pass inlet dredging. We need to be very active on that discussion group.
Now. tI1ere may be more. but for now tIns is a plateful. Now. I told you !bat I would speak bluntly. and, believe me. I
could have been much more blunter, and perbaps I should lmve been becanse this is a serious mattcr and one of the utmost
importance. If this board bas no desire to resume its position of leadership, is content to be a platform for naysayers, SO be it. I'm
going to continue my efforts as a citizen of Pelican Bay, but I would like and I would ask tIlat tIris board join me. l113nk you for
your time.
CHAIRMAN CONNELL: 1113Uk you, Jim. Anyone llave any COlmucnts or questions for Jin1? We'll have to withhold
that until the end, please. Your suggestions are well taken. Jim. I don't think anyone on this board l1Ilderestimates the importance
of Clam Bay or tI1e entire watcr system fur winch tIle)' have been held responsible. I don~ believe. hopefully it is not tI1e result of
negligence. Certainly, sitting right in front of us is a gentIeman wbo dedicated a large part of bis life to this suI1ject. I'm never
certain what <hives certain organiz.ations or certain people to do what they do, but there has been, perhaps as a result of noise from
Pelican Bay. a noticeable change between the county, and perhaps rightfully so, and Pelican Bay. and I think we need to get it back.
I don't doubt for a second that your suggestions are not only correct but will he followed as best we can. I'm not sure. but ru leave
!bat at !bat. Anyone else, please?
MR. BOLAND: Coleman, according to this meeting, the status of tI1e new pennit and the one we wrote is on bold or bas
been cancelled. or what is tbe stains of that? It's cancelled, right?
CHAIRMAN CONNELL: Are you refemng to the fiIct !bat the Board of County Commissioners approved tI1e five-year
one and !bat we would go furward with an application for it'! Is !bat what you're referring to'!
MR. BOLAND: Yes.
CHAIRMAN CONNELL: I'm not clear on !bat either. On the one hand, many tlrings that have been done would
indicate !bat !bat's exactly what tI1ey plan to do, but, on the other hand. it's been questioned by some Board of County
Commissioners members as to whether, in fuct, tI1ey can or should do!bat. So I can't really answer your question. John?
MR. PETTY: Commissioner. tI1e staff is going a1le3d with its work on the pennit as directed. As directed by the County
manager's office. tI1ougb. we are not doing anything on the navigational or infonuational signs. The manager is handling !bat
issue. and, as you-aU know, tbe BCC board verified tI13t position. But we're still going a11Cad witll the routine work tI13t we were
doing witl1 the pernlit. We are not going after any of the high-priced items, ifyoll will. We're not doing a whole lot of research at
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tIris time. It's mostly the paper processing and having Tim's continued involvement.
MS. WOMBLE: Once you have that all compiled, do the commissioners have to sign off on it. or have they already? I'd
like to he a liUlc more clear on !bat.
MR. PETTY: I WolS taIking ,,1tI1 the County manager's office just yesterday to find out wbat tI1e BCC meeting meant in
its entirety. and the direction is clear. Staff is working on oPtions to bring to tIle col1l11ussion for their consideration, so until
relieved of duty we stand ready. and we are working on the pennit. Again. the COllilty manager, once he gives direction. we follow.
and we are doing so on tI1e navigational signs and the informational signs. He is haudling lhQse.
CHAIRMAN CONNELL: Okay. Thank you.
MR. BOLAND: John, [ read in the Naples Daily News. whicb always doesn't get it correct, as we know tI13t McAlpin
was going to or the coastaI committee was going to take over. He was going to be the chair, and he was going to pick I think, Jim,
your nanIC was nlentioned. It was in the paper. I don't know if it's \me or not. Stories was nanled and Buser and I forget the fOnrtll
gentlClllan !bat was going to be the committee. This was what tIle Naples Daily News reported and I1I just qunte from the article.
It was two days after. And it was kind of vague after that abuut the pennitting and, you know, the year extension. Nothing was
mentioned at all. They left it kind of up in tI1e air. I was just wondering; that's all. Thank you.
MR. PETTY: We'll do tI1e work. And, again, until directed by the County manager or the BCC. we have our direction to
follow.
MR. BOLAND: Okay.
MR. BURKE: Yes, at the July 22ml meeting two options are going to be presented. I dou't know wlUl\ tI1ey are, but one
of tI1em is not going to be continued as is. So tI1ere'll be two nptions presented to the commissioners, and one will be approved. I
would assume, and as tI1e service division. I wouldn't be spending a lut of money on any of tIris Jll1til after tl13t meeting.
CHAIRMAN CONNELL: So you're saying, Jim, reaDy !bat ii's going to be an up or dO\m on two nptions, the content of
whicb is unknown.
MR. BURKE: I tI1ink it's still being develnped.
MR. PETTY: Again, Mr. CI13irmau, until we're relieved. we really can't walk away from our responsibilities. And I
agree with tI1e suggestion that no large sums of money should be spent over the ne>>1 couple of weeks until tI1e Board of County
Commissioners comes back witb a clearer direction, but we can' abandon our post.
MR. BURKE: Yes. If Heidi were here. stle could tell us what tIle buard does to rescind that decision they made back in
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April. but they do it all the time. I mean, tI1ey did it on tbat printing tower over there at Immnkalee Road, so tI13t isn't !bat big of a
deal.
MR. PETTY: I tIrink it can be said, Mr. Chainnan. that whatever the County givetIl tIle Connty can taketh away.
MR. BURKE: Yes. Yes.
CHAIRMAN CONNELL: Tim. did you want to say something?
MR. HALL: I jnst wanted to say ",th respect to the one-year extensions tllOSC have botIl been granted.
CHAIRMAN CONNELL: Yes.
MR. HALL: So tIle penuits tI13t we have now are valid until 2009.
CHAIRMAN CONNELL: Thank YOIl
MR. BURKE: We're covered for the year?
MR. HALL: Yes, for the extra year.
CAPITAL PROJECTS
CHAIRMAN CONNELL: Thank you. Anyone else'? Then let's move on to capilal projects. Kyle, the VandeJbilt Beach
Road bollard ligbting.
MR. LUKASZ: The board at the last meeting bad approved to proceed witl1 tI1e median modification and the bullard
lighting on VandeJbilt Beacb Road. An update provided there bad been a $7.500 budget amendmeut transfen1ng funds from east of
the berm project over to tIle bardscape improvements to meet the funding requirements fur tI10se two projects as bas been
authorized at tI1e meeting last montl1. The meeting and improvements on Myra Janco Daniels. that work should begin about the
middle of the month. about 7/14. It should take about two weeks to complete.
CHAIRMAN CONNELL: This is the meeting that we're refurriug to?
MR. LUKASZ: Correct The bollard lighting on VandeJbilt Beacb Road we're expecting to receive tbe bollard hgbts ne,,1
week sometime and tIIC contmctnr should begin the work probably tI1e first nr second week in August. Do you have any questions?
CHAIRMAN CONNELL: No.
MR. LUKASZ: The board had also requested !bat staff come back regarding the crosswalk on Myra Janco Daniels
Boulevard, and included is two estimates. One is jnst for the standard crosswalk with the use of our decomtive signs as the marl<ers
for the crosswalk signs. And tI1en the other cost !bat's included here is $56.000. That's for a crosswalk design like the one on
Ridgewood Drive on tI1e east side of the Philhannonic with the marl<ers in the roadway as well as the signs being illuminated.
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MR. LEVY: Kyle, would it cost more if it were powered by Horida Power & Light?
MR. LUKASZ: Well. tIns estimate.
MR. LEVY: Asnpposcd to sotarpauels?
MR. LUKASZ: This estimate is based on solar. but if we went to FP&L. you know. to regular power. we still have the
issue of getting tI1e power supply over to tlris location. But we may be able to pick up some oftIUl\ cost. We were looking to bring
power over to !bat roadway to put in tbe bubbler system on tI1e lake !bat mns in front of Bridge Way. so there may be some cost
savings if we didn't use solar and used FP&L. especially because we can utilize tI13t power supply to the bubblers.
MR. LEVY: I mean. there is no advantage to the solar over FP&L other than it's just a cost tradeoff. is !bat all it is, one or
the otIler?
MR. LUKASZ: It depends how mucb of the cost for btinging the power over you dedicate or say is a cost for tI1e bubblers.
I guess if you say tI13t tI1e bubblers are tIle project !bat brings tI1e power supply over to !bat roadwdY then tI1ere's no additional cost
here. It would be a cost reduction because you wouldn't need to use tI1e solar system.
MR. LEVY: Now, my understanding is that if we did this crosswalk that would be in lieu of the bullard lighting along
Myra Daniels Boulevard along the lake there. Do we know what the cost oftI13t is. the bullard lighting along the lake tI1ere?
MR. LUKASZ: The bullard lighting. I believe, was about - $40.000 it was from Bridge W3'}' to Pelican Bay Boulevard.
MR. LEVY: And !bat included bringing the electric over? That was the total?
MR. LUKASZ: Right, bringing the power over.
MR. LEVY: That was the total cost, $40,000'1
MR LUKASZ: Yes. Now, one other price !bal I bad gotten siucewe put tlICagenda out istllCre is also an nption of just
eliminating tI1e crosswalk signs and not putting iUwninated markers into thc pavement, and tI13t would probably be a savings of
approximately $8,000. So instead of the fifty-six you're looking at approximately forty-eight tI10usand dollars if just the signs
tI1emselves were ilIwninated. When I say iUmninated, I'm saying when somebody enters the crosswalk it triggers tI1e lights to go
off.
MS. WOMBLE: Kyle, do you know if anybody did approach Myra Janco Daniels or Annette Alvarez to see if maybe we
could get some conununity neighborbood involvement in tile prices?
MR. LUKASZ: I have spoken mtl1 tile PbitI1armonic but not in regards to any ftmding.
MS. WOMBLE: How'd tI1at go?
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MR. LUKASZ: Well, really. I was trying to gel some infonnation on the contractor and what tIleir costs had been for tIle
crosswalk over on Ridgewood. But I didi1~ speak to eitl1er one of those groups.
MS. WOMBLE: Hello. John.
MR. PETTY: We did speak witIl Amlette directIy after tIlC meeting. We just haven't been able to catch up with ber yet.
MS. WOMBLE: I was even trying to get Ed Starns in, anybody.
MR. PETTY: Bn~ as Kyle said. we haven't been able to get in touch witIl tI1e PbiUl3TIl1orric again.
CHAIRMAN CONNELL: Kyle, one more time. A standard crosswalk is bow mncb?
MR. LUKASZ: Approxirnately $13.000.
CHAIRMAN CONNELL: Thirteen thousand.
MR. LUKASZ: And !bat includes the markers in the roadway. You've got the coucrete on both sides. You know. it's got
to have the ADA ramps.
CHAIRMAN CONNELL: Right.
MR. LUKASZ: Running into the sidewalks and tIlen across the walk the signage.
MS. WOMBLE: What was !bat amOtm~ I'm sony I didn't write it dO\m quickly enough.
MR. LUKASZ: Twelve tI10usand eight bundred.
MS. WOMBLE: No, not that. The ilImninated signs only.
MR. LUKASZ: Just tI1e signs. approxiu13teIy $8,000 less tIlan the $56.000.
MS. WOMBLE: Okay.
MR. LUKASZ: So you're looking at about $48.000.
MS. WOMBLE: Forty-eight.
CHAIRMAN CONNELL: Any other questions'l
MS. PETKER: So it would be only $8,000 more tI1an if we did it on tI1e walkway?
COURT REPORTER: I'm sony. I can't hear you over here.
MR. PETTY: The resident said it's only $8,000 more than the bullard lighting !bat we were considering for the walkwdY
next to tI1e lake.
MS. PETKER: Yes.
MR. PETTY: I think !bat what we're saying is it was about $40.000 for the lighting that we were going to do if we made
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them all walk on the western side of the road and then cross at Pelican Bay Boulevard. This oPtion is about $8JlOO more to put in a
crosswalk that crosses right there in front of Bridge Way. and then you tack on a few e"trd dollars if you want to make it the
iIlunrinated style kind.
MS. PETKER: Tbe crosswalk is wbere most peoplc cross?
MR PETTY: The resident asked "tI13t is where tile most residents would cross." And. I tI1iuk we detenuined at our last
meeting !bat we tIrink !bat's wbere most residents would want to cross is right tI1ere. right outside tI1e entry to Bridge Way.
CHAIRMAN CONNELL: Yes.
MS. WOMBLE: It goes directly over toward Nordstrom. It's not actnaUy on the same block as the Philhannonic. I've
done it a couple times. I went over there. Unless you walk down a little bit as you come out of the villas and go down or go north a
ways and then cross over.
MS. PETKER: Yes. right. There's a sidewalk there on tIle oilier side from Bridgeway is what I mean. So it's a good
plan.
CHAIRMAN CONNELL: Thank you.
MS. WOMBLE: I went and walked it several timesjusltoseewhat it looked like and what it fell like. You're right.
CHAIRMAN CONNELL: Are there aoy plan reviews?
MR PETTY: No. sir. We have nothing before us.
CHAIRMAN CONNELL: Committee requests?
MR. LEVY: Well, just a question. Right now !bat part of the project is on bold, I mean, tIle bollard lighting on Myra
Daniels is on bold. Are we going to decide one way or the uther at some future time? Is !bat what we're S3}ing?
CHAIRMAN CONNELL: Well, I would assume so becansc it's either the bollard lighting or the lighted crosswalk; am I
not correct abuut !bat?
MR LUKASZ: Right. I guess based on your discussions at the last meeting. and then if yon were to decide on tI1e
crosswalk what type of crosswalks you elect to use.
CHAIRMAN CONNELL: So at tI1is juncture we're really only going forward with the median.
MR LUKASZ: With median alteration on Myra Janco Daniels and tI1e bollard lighting on VandertJilt Beacb Road.
CHAIRMAN CONNELL: Right. But we're still working towards a decision as to what we're going to do at Myra Janco
Daniels.
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MR. LUKASZ: Right.
MS. PETKER: Well. could it be discussed now?
MR. PETrY: No.
MS. PETKER: Because?
MR PETTY: Mr. Chairman, if I could only e"plain, we don~ have a quonun. so we can't make a decision on it today.
It's because one of our tnemhers failed to sbow at the meeting, so I'm afraid we can't take a vote today.
MS. PETKER: Ob. okay.
MR PETrY: We can only discuss.
MS. PETKER: But we do have solne 111OI1CJ' budgeted. and we wouldn't W'dfit to lose that: right?
MR PETrY: We're not going to let you lose any morleY We never lose money.
MS. WOMBLE: But maybe we could find jt possible to discuss with Myra or one of her staff.
MR. PETrY: Yes. we will. We will do !bat.
MS. WOMBLE: I really think !bat we should go the wbole nine yards and maybe get all tI1e help !bat we can get.
MS. PETKER: Right. And Amlette has said yes?
MS. WOMBLE: (Nodded head.)
MR PETrY: The resident asked "if we bad participation from the private sector to help in funding," and tile answer is
not yet. but we will keep asking.
MS. PETKER: Thank you.
CHAIRMAN CONNELL: Now we have tIle opportunity..
MR BURKE: I have one question.
CHAIRMAN CONNELL: Ok
MR BURKE: That July l5t11 meeting. Tuesday. is a staff meeting only?
MR PETrY: Yes. sir.
MR BURKE: Okay. And any letters we get requesting iufonuation we do not get involved?
MR PETrY: You lost me on !bat onc.
MR BURKE: Well. there's letters out to each individual buard lnember.
MS. WOMBLE: I just received one on my BlackBerry.
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MR. PETTY: 011. yon're taIking abuut the public disclosure letters?
MR. BURKE: Yes.
MS. WOMBLE: Yes. Do you want to explain !bat?
MR. PETTY: 111 try my best. Basically, this is a public records reqIlCSI from counsel from a develnper who is saying that
if you have any material !bat discusses tIns item that is ,nentioned in the letter please make !bat available. Now, most of yon have
only your agenda packages whicb we already have copies of at the office. If you do have anytlnng that bas any discussions related
to tills, we'd ask you to bring it up to tIle office. and tIlen Mary will contact the counsel and let him know that it's available.
MS. WOMBLE: Is this above and beyond what our minutes are?
MR. PETTY: If it is sometIling separate. Otherwise. we are the official holders of the public record.
MS. WOMBLE: Okay.
MR. PETTY: But tI1ey havc the right to ask for any public records tl13t you may have pertaining to this issue. so !bat's
wby you got it. I think you all gut the letter. Keep in nUnd this may also include .,..mails !bat you may have. So if you have any of
tI1ose. simply print tIlose out and just drop tI1em off to Mary. She'll tell tIlem tI13t tI1ey are available for viewing,
CHAIRMAN CONNELL: That was the next question I was going to ask you. You mean in printed furm or on your
computer?
MR. PETTY: lbe computer is no dilfurent from tIle printed form. It's a public record if it pertains 10 your responsibilities
here.
CHAIRMAN CONNELL: So ifit's already been taken oil!
MR. PETTY: I'm sony.
CHAIRMAN CONNELL: I rarely keep anytIriug. I delete thClll.
MR. PETTY: It's called administrative usefulness. And once tIUl\ administrative usefulness is over and you decide !bat,
you can delete tI10se from your records. So. basically. if you have deleted them, then you don't have a copy. If you still bave tI1em,
don~ delete them. Just give tI1e copies. We'll be glad to take them up here.
AUDIENCE COMMENTS
CHAIRMAN CONNELL: Okay. Any uther questions on this subject? Okay. Audience, does anyone have anything
tI1ey'd like to say? Marcia.
MS. CRA YENS: I'd like to respond to SOlllC of tI1e COlDDICllts by Mr. Burke. I would just 'uaybe suggest that tI1e
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members ofPBSD maybe go to the IrUnutes and the DVDs of tile record of tile coastal advisory committee. because the person with
tI1e largest sbovel in tenDS of taking awa)' some authority and some of the duties of Pelican Bay Services Division has been yourself.
Mr. Burke.
I have read the minutes and watched the DVDs, and I have seen !bat you have acted, voted, and conuuented contrary to
what PBSD bas done in their board meetings when you have worn the hat of coastal a<hisory committee meeting board member.
and I found tl13t very distutbing. I was very shocked, actually, to find bow much of Clam Bay issues have actually been part of tI1e
agenda for tI1e coastaI advisory comnrittee and of whicb yoo have participated in.
Also, in tenns of tIle Clam Bay Estuary discussion committce, tile steering gronp as well as tIle additioual sub groups tl13t
you've participated in, again, took duties and actions and recommendations that rightfully should have been before PBSD and yoo
participated in taking tI10se duties away from PBSD. sir.
As weill was at a meeting, a w01k-group meeting for the new management plan and pennit !bat occurred on April 23rd,
and I was present wben Gary McAlpin asked you if you were going to be able to bring PBSD on board witb what he wanted to do.
and you said, yes, you would.
Also, I was present at tI1e May meeting that occuned in Fort Myers "itl1 DEP !bat was a closed meeting. There was no
public notice and many issues were discussed regarding Clam Bay luanagemcnt. pemUt issues. Yon were present. You discussed
tI1em. You participated, and you continued to act and conduct yourself witb the coastaI advisory committee meeting that occurred
after !bat wbere the sand bypassing was brought befure them by Mr. McAlpin, and you voted on it. And I suggest that !bat is
something !bat maybe this board needs to become a little bitl110re familiar witl1. That's alii have to say.
CHAIRMAN CONNELL: TIl3nk you. Did you want a word, Jim?
MR. BURKE: No. I'm not going to COI11fiICDt on that kind of stuff. She's nut a board member, and personally I'm getting
fed up witl1 tI1ese accusation things. and I'm just not going to further it. I mean. it's degraded the service division enough already.
That spectacle in front of the commissioners last week in which she led, that was enough for me.
CHAIRMAN CONNELL: I'll entertain a motion.. do yon have somctIring more to say. John?
MR. DOMENIE: I do. John Domerrie. Where do we stand witl1 bubblers?
MR. LUKASZ: They're in our budget and we're working on trying to bring power supply over to tI1at. .
MR. OOMENIE: Wbere? WI13t lakes?
MR. LUKASZ: It's on Myra Janco Daniels.
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MR DOMENIE: But nowhere else?
MR. LUKASZ: We have some bubblers already existing on the golf course lakes. and we're also looking at Cra)lon Road.
MR. DOMENIE: Okay. Now, tIl3t's a big one also there. But tI1ey have. I think. a fonntain tI1ere.
MR. LUKASZ: They have a fountain.
MR DOMENIE: There's something floating. but that's not working as fur as I know.
MR LUKASZ: 11lOse belong to the condos.
MR DOMENIE: Okay. What about my favorite osprey nest?
CHAIRMAN CONNELL: It's still tI1ere.
MR DOMENIE: Yeah. but tI1e second one.
MR. PETTY: Mr. Chairman, let me respond to that one. We are no longer pur5lling tllC pemrit fur tI1e second osprey
nest.
MR. DOMENIE: Thank you. Any reason?
MR. PETTY: Yes. Yourcomnrittee told us to stop.
MR DOMENIE: Pardon me?
MR PETTY: Your conunittcc told us to stop, sir.
MR DOMENIE: 011. I didn't know that.
MR BURKE: I didi1~ eitl1er
MR. PETTY: If you recaU. we were challenged on whether or not it could handle tI1e wiudstonn cap. Was that it Tim?
Was it wiudstonn. or was it I really don't know !bat [should ask Tim. We could gel in a 15-nrinute conversation about why the
pennit was gctting more intense. I think wc just got tired of asking !Or tIle pennit and getting pushed around, and tIlen tbe
COlurnittee basically said, "We're done."
MR DOMENIE: We had the pernrit.
MRPETTY: No.
MR DOMENIE: Then all we were waiting for was turtlc season. and now we're back into turtle season again.
MR PETTY: I don~ recaU anything about turtles. I rememllCr tIl3t it was difficnlt to get tI1e pemrit.
MR DOMENIE: I don't remember Finally, I have a question for Tin1. Tinl, the present markers, the stakes !bat are in
outer Clam Bay. et cetera, did you place tI1ose, or bas anybody placed those, or were those placed by Seagale? Because tI1ey do
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indicate where the best navigational water is.
MR. HALL: My office did not place tbuse. They've been on1 there sincc we've been working in the system.
MR. OOMENIE: Okay.
MR. HALL: And my understanding was always that it was somebody at Seagate !bat bad put tI1em out tllCre.
MR. OOMENIE: I tI10ught so. Okay. Thank yon.
ADJOURN
CHAIRMAN CONNELL: May I have a motion to adjourn, please.
MR. BURKE: So moved.
CHAIRMAN CONNELL: Second?
MR. BOLAND: Second.
CHAIRMAN CONNELL: Thank you all.
*****
Tbere being no fintI1er business tI1e meeting was adjourned by order of tI1e Chainnan at 2:30 p.m.
c::r{J;jC~'-~"'&
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVlCE. 1Ne. AND FORMATTED BY
MARY MCCAUGHTRY. RECORDING SECRETARY. PELICAN BAY SERVlCES DIVlSION.
7493
PELICAN BAY SERVICES DIVISION
MINUTES - August 12. 2008
Naples. Florida
/
V
LET IT BE KNOWN tI1at the Pelican Bay Services Division Board. in and for tI1e County of Collier met in REGULAR
SESSION on tIlis date, Angust 12, 2008 at 1:00 p.rn. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida, with
tI1e following members present:
Mary Anne Womble
John laizzo
Michael Levy
M. James Burke (Absent)
Ed Starns (Absent)
Ted Raia
Annette Alvarez
John Boland
Robert Pendergrass (Absent)
Also Present: John Petty, Division Adininistrator, District Offices, LLC; Janice Lamed, District Offices, LLC; Mary McCaugbtry,
Recording Secretary, Pelican Bay Services Division; Jim Hoppensteadt, President, Pelican Bay Foundation; Tim Hall, Turrell, Hall
and Associates, Inc.; Doug Finlay, City of Naples; and Kathy Worley, Conservancy of Collier County; Carolyn 1. Ford, Gregory
Court Reporting.
AGENDA
1. RollCall
2. Resignation of Coleman Connell/Appoint new Chairperson
3. Approval of Minutes of June 4, 2008 Meeting
4. Approval of Minutes of July 2, 2008 Workshop
5. Administrator's Report
Status Report Clam Bay
Status Report Water Management Permit Policy and Procedures
Public Private Contributions on Crosswalk Improvement
Discussion of Budget Adjustment for Clam Bay
6 . Discuss the Waterpark Place non-compliance with the SFWMD Drainage Permit
(Dr. Raia statement included)
7. Discussion of Mr. Pires PRR (Dr. Raia)
8. Discussion of Jim Burke Statement (Dr. Raia)
9. Committee Reports
None
10. Capital Projects
Update on Myra Janco Daniels Blvd. Median
Update on Vanderbilt Beach Rd. Bollard Lighting
11. Community Issues
Clam Bay Flood Remapping Bill
12. Plan Reviews
None
13. Committee Requests
14. Audience Comments
15. Adjourn
ROLLCALL
MR. PETTY: We will begin tlIC meeting of the Pelican Bay Services Division, Tuesday, Awrust 12,2008. If we could
MiS"c. Corres:
ask for tI1e roll.
Date:
'tern #.
-----
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MS. McCAUGHTRY: We do bave a quonun. Let the record reflect we have six members present. We have Bmke,
Pendergrass. and Ed Slams absent.
RESIGNATION AND APPOINTMENT OF NEW CHAIR
MR. PETTY: We have a point of order to address tnday. We have a resignarion from tI1e Chair, Coleman Connell. and
we need to address appoill\meut of a new chair. That's our rust ordcrofbusiness. We do this through asking the board if they have
anyone they would like to trick iuto doing this. If tI1ey do. please nominate them. If you get a second, they will be considered
nominated. We will do that until we run out of oonrinations and tI1en we'll have you vote on them to get your pick. So with that
let rne leave the floor open for ooruinations.
MR. BOLAND: I would like to nominate Mary Anne Womble for chair.
DR. RAlA: I second !bat.
MR. PETTY: Moved and seconded. Aoy further nominations?
DR. RAlA: I move we close the nonrinations.
MR. BOLAND: l'll second.
MS. WOMBLE: Guys, I'm conring here earlier ne~1 time.
MR. PETTY: Moved and seconded. We close the nOluinations. All thosc in favor.
MS. WOMBLE: Aye.
DR. RAlA: Aye.
MR. IAZZO: Aye.
MS. ALVAREZ: Aye.
MR. LEVY: Aye.
MR. BOLAND: Aye.
MR. PETTY: Opposed?
(No response.)
Mr. .BoIand nominated Ms. Mary Anne Womble for chair and _s seconded
by Dr. Raia. No other nominations were put forth and Dr. Raia moved to
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16 , 1 Ai.,
close the nominations, seconded by Mr. Boland and aPfNoved unanimously
to appoint Ms. Womble as Chairwoman.
MR. PETTY: Congratulations. Madam Chair.
CHAIRWOMAN WOMBLE: Well, !bank you. Okay. That was a done deal.
MR. PETTY: That's a Shanghai. I believe.
CHAIRWOMAN WOMBLE: It was. That was Olympic Shanghai.
MR. PETTY: Madam Chair, would yon like to move on, then, with tIIC approval of tIIC minutes; and if you IJeed
aoytI1iug from me. just ask.
CHAIRWOMAN WOMBLE: t need rules of order. I havenldonethisforawbiIeso....
MR. PETTY: Fairly simple.
APPROVAL OF MIN UTES
CHAIRWOMAN WOMBLE: Would anyone like to approve tIIC minutes as read at tIIC Jnne 4, 2008, meeting'! Do I
have an approval or any conections?
DR. RAJA: I will approve the nUnutes.
MR. LEVY: 111 move to approve.
MR. PETTY : Would one like to claim a second versus tIIC motion?
DR. RAIA: I'll second it.
CHAIRWOMAN WOMBLE: Okay. Motion by Mr. Levy seconded by Mr. Rilla.
CHAIRWOMAN WOMBLE: All right. And. Mr. PettY, would you like to give tIle administrator's report.
MR. PETTY: Madam Chair, we'll have to call for the vote after tIle lOOtiou seconded.
CHAIRWOMAN WOMBLE: All right. Let's do tI1at. AU in favor of approval oftIIC minutes for tIle Jmle meeting say
aye.
Mr. Levy moved seconded by Dr. Raia and approved unanimously
the Minutes of the June 4, 2008 /fIIeeting.
CHAIRWOMAN WOMBLE: Okay. Approved And, Mr. Pelt)'. you're NO.3.
MR. PETTY: Madam Chair. we have, uofortunately, two sets of nUJDJtes. One was for our wOlkshop as well. So we're
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still looking for the July 2 minutes to be considered.
CHAIRWOMAN WOMBLE: All right. Do I have a motion !bat tI1e July 2 meeting also be approved?
DR. RAJA: So moved.
MS. ALVAREZ: [just have a comment on tI1e July 2 one if I can. On page 74&9 comments by Ms. Petker, it says,
Right, and Annette said, yes. I just want to clarify what I said "yes" too since I wasn't here.
CHAIRWOMAN WOMBLE: Right, I nodded my l>ead. And I was indicating 1hal you and I bad spoken, !bat you were
interested in seeing what yon could do to help out regarding the regarding tI1e crosswalk
MS. ALVAREZ: We can obviously look at tlUl\ and Mr. Petty and I did talk about !bat regarding Waterside Shops'
contribution. That's sofilCthing !bat we will definitely look at and consider. I can~ make any promises.
MR. PETTY: 011, absolutely.
CHAIR WOMAN WOMBLE: It was a nod that you were considering doing SOfilCthing if you could.
MS. ALVAREZ: I wanted to verilY what I agreed to.
MR. PETTY: I think you agreed to take my telephone call is what you agreed to.
MS. AL V AREZ: 1113I1k you.
MR. PETTY: Madam Chair, we have a motion. We do rot have a second yet for the minutes.
MS. ALVAREZ: I'll second.
CHAIRWOMAN WOMBLE: All right. Those in favor. Aye.
Dr. Raia moved seconded by Ms. Alvarez and approved unanimously the
Minutes of the July 2, 2008 workshop.
ADMINISTRATOR'S REPORT-STATUS REPORT CLAM BAY
MR. PETTY: Thank you, Madam Chair. I have a couple of status reports. As you all know. Clam Bay has been a topic
for SOfiIC time row. Clam Bay. as decided by the conunissioners at tI1eir last meeting, would be bandIed by a new group. not the
Pelican Bay Services Division, but a new group to be appointed by tI1e commissioners. Currently Collier CountY staff is working
to bring to the conunissioners a list of possible candidates for this new committee. They may or may not come to Pelican Bay
Services Division for members 10 go to tIlis conunittee. I suspect !bat tIlCy wiD go 10 the Pelican Bay population. Now. because of
!bat decision, I will be asking yon to consider a couple of things as we discuss this. One of which is if tI1e countY is row taking this
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on ,mdcr a broader scope. it would he appropriate for us to address it in our budget process and in our filCCting process.
MR. IAZZO: Join, before we go tIlere. can we get a clarification wlleu tI1ey say Clam Bay at tbis point -- and getting
involved ",tI1 the county and Coastal Advisory Group as well as tile Seagate Group. Om we get a clarification about wllCD you
say Clam Bay, are we tall<ing specifics'? Can we get those specifics?
MR. PETTY: In my reference poinl, Clam Bay is tIIC area within tIIC Pelican Bay PUD t.bat was part of our mangrove
restorntion.
MR. IAZZO: That's not good enough.
MR. PETTY: It always was for me.
DR. RAIA: I think tIris new connnittee is to cover Moorings Pad<:, Venetian Bay. and the Clam Pass.
MR. PETTY: Oh, sir, I have no idea what tIIC doties will be oftIIC new group outside of what our responsibilities were.
and I'm not asking for any considerntion from this board approving or disapproving what tIle cOtmty commissioners have set into
action. That would not be something !bat we would normally consider. My job is to bring to you what actions are required from
an admiuisttative point of view; and if tIle county is reassigning tile responsibilities, tllere's housekeeping to be done because we
have to put that in our budget.
DR. RAIA: How many members from Pelican Bay are tI1ey going to ask? I tIrink tI1ey --
MR. PETTY: Sir, tIlere is no requirefilCut for tllCm to ask anybody in Pelican Bay. The counly connnissioners can
cbuose appointees as they wish. They discussed tIIC possibility of two appointees from Pelican Bay; one of which may be a Pelican
Bay Services Division filCmber, which I will strongly recommend !bat you reject and not follow tIIC invitation. We are not set up
so !bat one filCmber can speak for tIIC board. And, if you send a member to this group, !bafs exactly what you will be stuck with. I
also think tIle people of Pelican Bay will hold you accountable for tInt and your otllCr board members are going to give you stink.
MR. IAZZO: I agree mtl1 yon, but I'd like 10 know buw do we go abuut selecting someone from Pelican Bay to
represent us?
MR. PETTY: Wc don\ get to select, sir. That is tIIC counly connnissioners doing. I think
(Multiple voices.)
MR. IAZZO: (Inaudible) - in the selecting'?
MR. PETTY: Absolutely, sir. Absolutely. The county commissioners made !bat clear as anything I've heard them make
at the meeting. I was tllCre when tlleY adopted it and they were very clear tIUl\ only tI1eY would luake !bat decision.
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DR. RAlA: I respect tlleir right to do tI..t, but I think we as a represcntative buard of the Pelican Bay can still make a
recOlUDlendation. They don't have to follow it. They're under no obligation to follow it. So witl1!bat thought in mind I would like
to reconunend, especially since slle's nolllere, Marcia Cravens to be tile representative on tI..t conunittee.
MR.IAZZO: Forthiscommunily?
DR. RAlA: For tbis conununity.
MR. PETTY: Madam Chair. !bal would be perfectly acceptable for consideration, bull'\! lleed tIle chair to
MR. BOLAND: We have the penrrit for one year right oow at the exiension for one year so tI1at wonld be until July of
next year. Tim Hall tells l1IC his contrnct is up in Seplemher. Tile new committee, according to the paper, made a statelnent !bat he
didn't know if tIIC committee would be organized in November or December, probably looking at J3I1\I3I)'. I'd just like 10
reconunend to tIIC buard and get tllCir feelings about it tIUl\ we just keep doing business as usual Witll Tim and his company and do
whatever weekly maiu1enance, daily maintenance, any large-scale money problems we would discuss; but I don~ think anything's
going to happen to tIris througb January of next year. TIle resolution hasn't evcn been resolved yet. So we have no idea what's in
!bat. I would just like to continue onjust as we have been with Clam Bay, nothing has happened until tIIC county says this is tIIC
way it's going to be. I don~ know how tIIC otllCr board members feel about this. Mary Anne. you're tIIC most knowledgeable. I
don~ know how you feel about it. You're the new chair. I'd like 10 hear your opinion.
CHAIRWOMAN WOMBLE: I believe that, well but first of all. I'd like to know if Mr. Petty was ever contacted by the
commissioners witl1 reganl to anything \0 do with Clam Bay. Have you ever had any real aclual, direct phone line or letter about
aoytI1iug to do witl1 what's been going on?
MR. PETTY: MadaIn Chair, yes, II..ve, not from tile commissioners but, of course, from the county mamger and !bat
would be the nonnal process. And I've bad severJl direct filCCtiogs witl1 him. I've talked to Leo Oebs wbo is tIIC assistant, two
weeks ago. to get tI1at process of bow staff was coming up mtll tllCir suggestions for 111Clnbers for tIle committee. The decision by
the commissioners to have tIIC county take over tIIC operntion of Clam Bay by Coastal Zone Management. that decision has been
made. And I've been told tIUl\ directIy by the county manager who has delegated to Mr. McAlpin tI1e responsibilities of the
outstanding penrrit, which are tI1e signage issues.
CHAIRWOMAN WOMBLE: Right.
MR. PETTY: So tI..t happened before any oftlIis, which was kind of what we were hoping to have settled. I think the
last filCCting of the commissioners settled it vcry clearly. Now, certainly we don~ want to drnp al1}1bing. We don~ want tI1e bay to
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be hanned by us walking away from it prematurely, but cel1ainly. tre hand-<>ff bas happellCd. And we have no jurisdiction really
in this matter otl1er than we don~ want to let any tiring fall and bit tI1e ground before the county can pick it up. But Gary McAlpin
has been involved in the pernllt process, is involved in tlle pennit process, is involved in the signage, certainly can handle these
issues, and has projected the same to tI1e county commissiollCrs who have delegated it to him. So I don't see any outstanding
obligations really for Pelican Bay in this regard otl1er !ban if they need anytbing from us for tile management tI13t's left tI13t we
should offer it to them. And we shouldn~ abandon tI1e mangroves for the next couple of weeks.
MR. IAZZO: John. can we talk abuut tI1e concerns of !bat Clam Bay in lenns of ~hat is anticipated? Arc tI1ey going to
dredge? Is tI13t part of the anticipation, tI1ey will dredge? They will put in navigational aids and is iliat tI1e extent of it?
MR. PETTY: Sir, tIlere hasn't been a plan sublnitted to my knowledge tl13t delails wl13t tile county's intentions are WitIl
the Clam Bay estuary as far as a resource. I have spoken with Mr. McAlpin two years ago when tIlis process first C3fiIC up where
he delailed at great length what some of his ideas were then, and they inclnded a great many projects in Clam Bay. but I have not
seen a report.
MR. IAZZO: Did his ideas iIupinge upon Turrell & Associates? The idea !bat G.ny expressed, would they conUict what
our agreement witl1 Turrell & Associates as far as maintaining tI1e mangroves?
MR. PETTY: I don~ think it would, nollC of it conUicted ",th our contracl witl1 Turrell. I looked at it all to see if there
was a conUict witl1 our pennit, wbich is probably wrere you're going or wisb to go willi tIns to see if tllCre is a conflict with our
pernllt?
MR. 1AZZ0: Let's go wherever it takes us.
MR. PETTY: And some of tIle items iliat he bronght up, as I told you in Ire past, made seDiC. evalnate. Such as, should
the cOJlllCCtion witIl the bay system to our soutI~ VellCtian Bay, should tIUl\ be reopened? Now. tl13t was the historical flow. should
it be? And, of course, tI1ere are questions to be answered, but certainly it's worth considering. 1bere were otl1er issues sncb as
should beach facilities be improved'! Clam Pass Park should be as receptive to the pnblic as it possibly can and I don~ know
anybody iliat would disagree with !bat. So that idea on tbe surface sounds like it should be something we should consider. He
talked about a boat dock behind the park in Clam Bay. And tI13t one caught me by surprise because I didn't know of to many boats
going back there. But, again, if tI1ere is a ]1Ced for canoe or paddle boats or electric boats or whatever can fit back tIlCre at the
county park, that's something worth discussing and the public needs to discuss it. He talked abunt a parking facility at the Registry.
At which poiut I started to think that nright be a problem and we discussed that. He said he'd have to address all those issues if it
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was ever to he considered. He talked about a few otIler issues, water quality, and we dispelled that idea vcry quickly. We don't
have a water problem in Clam Bay !bat's within the Pelican Bay Planned Unit Development. Our waters are kept to a very fine
degree by our water managcment systeln. And a few other odds and ends tIlal I cau't really bring up at this particular moment, but
!bat's what we discussed. And if I saw a conflict, I mentioned !bat and bow lle'd have to address it at the time.
CHAIRWOMAN WOMBLE: Has he asked you ever for names of anyone that you would feel comfortable sitting on
that conunittee?
MR. PETTY: No, Madam Chair. he has not.
MR. IAZZO: Can tIlis buard cOlne back with a recommendation for tIlat colmmUee?
MR. PETTY: Madam Chair, our responsibility is to givc recommendations to the commissioners as we see fit. If they
decide !bat they don\ wish to use tI1em, that's tIleir choice.
MR. IAZZO: Then the lI3fiIC has already been posed - proposed.
MR. PETTY: Madam Chair. that's certainly solnethiug tIlat the chair could consider if we have a motion. And I don't
know. you may ask for a second.
CHAIRWOMAN WOMBLE: Well, I think before we go any further, maybe we should see if anyone else has someone
to suggest. Maybe we could do a list of several people that would be 3 group of penple that tI1ey could look at and see who could
he wOlking with them well and would know or have the knowledge. Would !bat be a considemtion?
MR.IAZZO: We caudo !bat now.
MR. PETTY: Madam Chair tIlat is something tll3t yon could hold on now. It's something !bat we could put on agenda
for discussion. It's something tIlat you call consider whatever you tIlink is appropriate. The reconuncndation from this body, I'm
sure will be given its due considemtion. And if tI1ere are some people in Pelican Bay thai could serve Pelican Bay well in this
matter, I see no problem at all in a recommendation.
CHAIRWOMAN WOMBLE: Okay. Would il be a better idea maybe for all of us to think about this and tI1en put forth
some lI3fiICS at the next meeting'! This gives you some time to think about who nright be interested. talk to them
MR. LEVY: What about the Fonndation buanl? ] mean, there sbuuld be other sources of input.
CHAIRWOMAN WOMBLE: TIlat's right
MR. PETTY: Madam Chair, if I could, tI1ere was 3 letter !bat went out from tI1c Foundation to tI1e county that tI1ey were
good enough to copy me on. TIle Foundation has some responsibilities when it comes 10 Clam Bay, as it does in a lot of areas of
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Pelican Bay.
CHAIRWOMAN WOMBLE: Right
MR. PETTY: And the Foundation, I think, is already in a very good position to speak for tI1eir responsibilities and tI1e
people of Pelican Bay in that regard. So I think you already have that group there. If there is anything additional !bat you "isb to
bring to bear, tlUl\ may be something that you wanl to consider. bul tI1e Foundation's letter was rigbt 10 point and right to their
responsibilities. It wouldn~ burt to ask tI1em eitl1er if tI1ey have some reconnuendations that tI1ey would like considered.
CHAIR WOMAN WOMBLE: I would like to table this for tIlis particular meeting hecause tI1ere are sonle people in
Pelican Bay. several of whom I can think of; bull would not want to projecl tI1eir nanICS for something like this before I asked
tllem And I'm sure sOlne of you have people that you're interested in seeing if tIleY would be considering doing solnethiug like
that. We've got John Oomenie and Coleman Connell who also know all these things.
MR. PETTY: You may have chase Mr. COlUlCll. I think he's going to take a little break.
CHAIRWOMAN WOMBLE: That I understand. I see Marcia over tI1ere and her name's been projected. Can we allow
her to speak?
MR. PETTY: Madam Chair. you have to recognize anybody at this time.
CHAIRWOMAN WOMBLE: Okay. I'm recognizing you, Mareia. Man:;ia Cravens.
MS. CRA YENS: I'm Marcia Cravens, Mangrove Action Group and a newly-being-foffilCd group called Friends of Clanl
Bay. I would think that it would be a nristake for you to take tI1e Clam Bay situation out of your domain. I believe you have a
long history !bat tI1e MSTBU was initially foffilCd as having stewanlship over tI1e Clam Bay system. I would not want to see you
give it up. Once you give it up, you may not get it back. ] know tI1ere is an attempt to reconnuend taking it out of your budget
taking it out of your discussion, and your lnotions. and losing any control over wlUl\ you have historica!ly 113<1 witIl tIle system. I
think it would be a temble nristake to take this out of your purview. And I would not want to he a part of it. I'm sony. I don't
believe !bat you should divest yourself of !bat stewardship. You know, I believe you can imply througb your government
relations' position !bal !bat person would be tI1e rightful person to speak about this and you can constrain that person. You can
require !bat that person voice tI1e sentiment of tI1e board. I think these things need to be considered tI1oroughly before you take
action on them. Thank you.
CHAIRWOMAN WOMBLE: I appreciate !bat. I believc that the situation, tI1011gb, is !bat we are a board !bat just
advises more tI1an anything. We can recommend and we can make votes on tlrings; but when it comes down pusb and shove. it is
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the Board of Connty Conunissioners who make tile finlll decision. So we're not divesting of anything. We may be in a position
where we lose what we have already accomplished to anolher committcc; but in tenus of giving sofilCtInng up, I don1 believe !bat's
the idea from anybody sitting on this board. We're not trying to give up any tiring. We wOlk very diligently and very comfortably
in tenus of making this a better environmeut.
MR. LEVY: Has the wOlk on tIle marl<ers and any dredging. is tbat on a buld until this new committee is fonned in
January?
MR. PETTY: Madam Chair, it's my understanding tI1at tI1ese issues are on hold not subject to the new committcc being
fomled, but sub.icct to tile overview by tIle Foundatiou because there are deed restrictions on tI1e properly. So any tIring !bat
anybody wants to do in Clam Bay must meet fhe criteria of tI1e adminislrntor of tI1at and !bat is the Foundation.
CHAIRWOMAN WOMBLE: Marcia, I tIrink !bat is tIle point !bat I'd like to go to. Until tIle Foundation has preseuted
its situation and case, I don1 think there's aoytbing much tIUl\ wc can reaDy do. Am I abuut right'!
MR. PETTY: Madam Chair, I think you're exactly right. We are an advisory board with privileges !bat we've eanlCd
over time.
CHAIRWOMAN WOMBLE: Right.
MR. PETTY : We act a little bit like an independent district, but we are at our heart an advisory board. wbicb preempts us
from having a legal position. The voice of Pelican Bay is mucb stronger, of course, tI1au what we may represent. The Foundation
can represent property rights and political voice as well as the properly owner's association as well. So where we cannot really
give too much of a political voice if it's in conflict with Collier County siIlCc we are a division thereof. tI1e other Iwo groups in
Pelican Bay certainly can. And in tIlis particular lnaller where tIlere are particular property rights by dccd restriction, the
Foundation Administrntors and tIle properly owners of Pelican Bay are tI1e political voice of Pelican Bay as well. So, yes. Madam
Chair. I think we are perfcctIy situated now.
MR. LEVY: So who's going to be looking after the mangroves. so to speak?
MR. PETTY: I think everybody is, sir. I don1 think !bat's going to change.
MR. LEVY: But. I mean, this new committee tI1e connnissioners have directed to come into being isn't going to COfiIC
into being until Dccember or January. Who's going to continue opemtioIl so to speak, from now until tIlen'!
MR. PETTY: Sir, when it comes to maiutell3IlCc of the system, there is nothing tI13t I know of otl1er tI1au a hurricane
event or tropical storm event that could cause us any trouble. We certain!}' have tI1e expertise and the knowledge to implemeut
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same witl1 the county. I mean, wc're still a connty division. So I don\ see any issues tbere that could possibly hann the mangroves
between now and then, and we're not going to turn a blind cyc to i~ and we're here still here. And we still have a budget here nntil
October I tImt we can fund from And even after October I, we can certainly WOIk witll our sistcr departnlCm in Collier County
should they need advice or actual field presence. So I don\ think we're tI1reatening anything at tlris time, sir. I think it's going to be
a nice trnnsition. I think what you have here is possibly the best of all worlds. Yon have the position of total oversight from
Pelican Bay from the tI1ree agencies !bat I just listed. And you have the counl)' who is taking it on as a county resource and connty
responsibility whicb means you have them funding for tile maimenance. You did the bani work. You did the ten years of
investigative work and design where this thing has come around and we now have the model on how to maintain the mangroves
from now on. It's just maintenance. Maintenance !bafs designed by Tim Hall and tIleir contractor. but that is our intent. and that
was our responsibility. I don\ know that we're in such a bad spot.
CHAIRWOMAN WOMBLE: I have to agree. Mr. Cmvens, would you like to speak? This is Tom Cmvens.
MR. CRA YENS: Yes. Tom Cmvens. I'm the presidem of the Mangrove Action Group and I would like to give what I
think is my perspective of what currently exists here and I'd like for maybe Tim to conunent on Uris afterwards. One. we have
curremly a one-year extension of our previous ten-year penuit. And wc are under that until, I believe, July 2009. The county
boan! of colunllssioners voted four to one for the Pelican Bay Services D"ision to devclop. submit. and sign a five-year penuit.
Now. I've been to aD of the county connnission meetings, and I did not bear any motinn to rescind tIlal motion. It's still in effect.
And if it were me, I would ask Turrell, Hall & Associates to prepare and subnrit !bat plan and follow the directives of the Boan! of
ConmlissiOllers. Mayhe Tim HaD nlight wanl to conunem on that. Thank you very mucll
MR. IAZZO: I think in time when it becomes clear we really need to define specifically our task, their task. if I could use
that tenn, any collllnem area wllere we botIl share sonle responsibility. That has to come out so that we know what we're doing.
MR. PETTY: Madam Chair, at tIle currem time. Mr. Cmvens' position is one that 1 renlCmber as wcll too; !bat that did
happen at a commission meeting. But at a later staff meeting with the county manager and at the last county lreeting where it was
decided !bat the future of Clam Bay and the opemtion of its permit and its application would be by this new group under the
coastal zone manager. The advisory group that tI1ey're creating is an advisory group to tIle CAC, wlricb is an advisory group to
coastal zoning. So that's basically all !bat's left for them to discuss is this additional layer of advisory group. an advisory group to a
departnlCm of the county. This responsibility is now ",tlrin the coastal zone managemem department of the county. Now, !bat's
been made clear to me. So there is no interface !bat we have at Clam Bay. And I would recommend to you !bat to avoid sucb
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interfaces it's kind of like your landscape contract. If you have sOlnebody fenili7iug it. somebody doing the irtigatiOl\ and
somebody doing the mowing, when the grass tums brown, tI1e fingers start going everywhere. Get one person to do it. And in
Clam Bay. you want one person iliat you can hold accoU11lable.
DR. RAIA: Excuse lne. John But if the comnrissioners had passed a motion, what right does tI1e staff have to go off on
a divergcut way to do something else? I think the)"re obligated. Unless the comnrission votes to rescind !bat motion. tI1ey're
snpposed to follow what the commissioners voted.
MR. PETTY: Sir, you're taking a legal position that we are not in a position to bring to fruition.
DR. RAIA: Mine is aCOImnon seuse position. I'm nota lawyer. It's common sense.
MR. PETTY: Madam Chair, I don\ know how to proceed in this matter.
CHAIRWOMAN WOMBLE: Let's see if we have anotIler hrain here !bat can throw sonletlling elsc into tile ligbt. Mr.
Roellig, David Roellig.
MR. ROELLIG: David Roellig. I have a different view than Mr. Pelty because I was at tIle commission meeting and
what tI1ey've done is tI1ey asked for a proposed onliuance be brought back to the Scptember meeting. As far as I know, the
commission has not luade a final decision on this. They have not passed an ordinance to set up a new conunittee. And my
personal view is you're jumping tIlC gun assmning tIrings that aren't in an onliuance !bat hasn't been developed. Aren't tI1ey conring
back witl1 a new onlinance. yes or no"
MR. PETTY: Madam Chair, would you like me to respond?
CHAIRWOMAN WOMBLE: Please.
MR. PETTY: You're incorrect sir.
MR. ROELLIG: I'm incorrect?
MR. PETTY: You're incorrect. This comnrittee group that is going to be organiz.ed by ordinance is an advisory group.
sir. They do not own nor do tI1ey have responsibilities 10 any pennit. 'They will make simple reconunendations to a departnlCnt
within the county and ilial delegation of responsibility for Clam Bay, its penuits, has already been given by the manager as well
withro his power to do so. This comnrittee does not have 3fi}' powers. sir. They're an advisory group.
MR. ROELLlG: This ordinance is conring up in September
MR. PETTY: Sir. tile ordinance coming up in September is for an advisory conmlittec.
MR. ROELLlG: That's right.
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MR. PETTY: They will have no powers. TIIC)' will not have a responsibility.
MR. ROELLIG: TImt's going to he in the ordinance.
MR. PETTY: Sir, I was there at the motion and it was an advisory commillee.
MR. ROELLIG: I hearrl the motion. It hasn~ been preseuted to the commission. My opinion is !bat you're making
assumptions !bat aren't wammted.
MR. PETTY: Madam Chair. the oul}' thing [ can respond to is that I got direction from tIle county managcr. And once
we get direction from tI1e county manager, according to our ordinance, I'm afraid we're preempted. We have no legal position to
oppose tI1at direction from tIle manager's offIce.
CHAIRWOMAN WOMBLE: Was your direction to stand down from the five-year pennit process?
MR. PETTY: My direction was to stand down from tI1e signage iSSlIe and tbat was a I11OntI1 and a half ago. And I got
direction from Leo two weeks ago that tI1eir staff in the Coastal Zone ManagefilCnt DepL bad tI1at responsibility.
CHAIR WOMAN WOMBLE: Okay. That was tllC from tI1e original pennit; correct? The signage is still
MR. PETTY: The responsibilities of Clam Bay is wbat I was told two weeks ago by Leo.
CHAIRWOMAN WOMBLE: Okay.
DR. RAIA: We do have a problem here. John. because I can see your position as an adininistrntor. You probably do fall
under tI1e COllllty manager, but this boarrl faDs under the commissioners. And tile conllnissinners voted to have tllis five-year plan
developed I feel we're obligated to follow tI1e commissioners. I tlrink that tI1e county manager's a littlc bit out of place in
tI1warting a vote. And I don't helieve tImt's his intent but. you know, I think he should go to tIle commissioners to rescind tI1aI. but I
don't see tI13t happening. To fiIC we should just follow tI1e direction of the comnlissioners. I also take a little issue 10 concerns in
tIle colmnunity. When tllis board was, witl1 tI1e new onliuance created, it was kind of open for us to address issnes of concern in
the community to tIle commissioners. That doesn't mean tI1e commissioners have to listen 10 us. They don~ havc to follow
anything we say, but it was to be a two-way street. It wasn~ supposed to come down from the comnlissioners telling us what to do.
Tbey opened it up that we would advise tI1em on issues of concern to us.
CHAIRWOMAN WOMBLE: Would it be realistic to contact Heidi and ask her for a clear assessmeut of where we
stand and whether or not we need to go forward or continue tI1is? I feel sure that we" be told no. but I don't know !bat. That's an
assumption.
MR. PETrY: Madan1 Chair, [ don't think YOU1Jeed to contact Heidi as much as wlUll you need to do is possibly appoiut
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a govennncnt liaison person on this hoard to go talk to tIle luanager to get tl13t understanding. My recollections and I don't want to
be put in a defensive posture...... . ....
CHAIRWOMAN WOMBLE: Right
MR. PETTY: -- because I'm certainly a proud member of the Clam Bay Group.
CHAIRWOMAN WOMBLE Yes.
MR. PETTY: But when I get that direction, I've got to respond. And I respect everybody ell;e's opinions as well. I tlrink
it would be appropriate, though, for yon to appoint a govenunent liaison and have them contact. the conunissioners and/or the
lnanaget's office to get tl13t feeling of direction and our options.
CHAIRWOMAN WOMBLE: Okay. Now, at tIris point, unless Mr. Btnkc has stood down, I believe he is our
govenunental liaison.
MR. PETTY: No. At tI1e last board that we had a quonun not tI1e last wOlksbnp that we had, but the last board meeting
you-all approved !bat the chair would appoint as tI1e chair saw fit for a liaisou.
CHAIRWOMAN WOMBLE: I know we discussed it, but I wasul sure tI1at was a definite vote.
MR. PETTY: Yes. Madam CI13ir. il was a vote.
CHAIRWOMAN WOMBLE: Okay.
MR. PETTY: As the chairperson, you are in tI1e position anyway to put whoever you feel is appropriate in !bat position.
It's an appointed position. If you'd like to take a vote. it's up 10 you. You can simply appoint if yon like.
CHAIRWOMAN WOMBLE: I think I'd like to appoint Dr. Raia who bas quite a lot of knowledge about this and seems
to have the ear and tI1e ideas from severn! different groups. And leg;llly, Ted, [ think you found a lot of interesting iufonnation !bat
lnight be readily llelpful sometime in tI1e future. So if you feel comfortable with that, would you do that for us'!
DR. RAJA: Madaln Chair. I appreciate your tI10ugbts and comments. And on tIris particular issne, I don't object to
speaking to the commissioners about our concern and getting direction from tI1e1l1, but I would not want tllis to be a permanent
position. I think it definitely sbuuld be rotated I think in time having one person do this would create some ego mania
pseudo-govenunental position that you're above everyone else on tI1e board. So I would accept this assignment on tI1e proviso !bat
when sometIring ell;e COlnes up, you will appoint a differeut person each timc.
CHAIRWOMAN WOMBLE: Well, Ted, you can be slanding at rest because [believe thal's what we voted on. I think
it was supposed to be whoever we felt tI1e need or bad tI1e e"1"'rtise or the iofonnation.
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MR. PETTY: And, Madam Chair, I think you have justified !bat again tlllIt it is for this particular topic for this particular
time. And once tI1is job is over. yon may appoint again as you wish.
CHAIRWOMAN WOMBLE: I'll keep Dr. Raia hmnble, yes. Thanks, Ted. Okay.
MR. PETTY: Madam Cbair. if there's nothing else on Clam Bay. I can move on.
CHAIRWOMAN WOMBLE: I see Ms. Cmvell5' hand up again.
MS. CRA YENS: Marcia Cravens. Ijust want to reflect. I havc been reviewing tI1e video from tI1e March nlCetiug oftl1e
Clam Bay Estuary Discussion Group where Chainuan Helming atlended !bat filCCting. And tlris issue about pennits was discussed
greatIy. TIle issue about tI1e county manager or of tI1e term "county" which Mr. McAlpin is fond of using. He was asked what was
meant by "county" when be said tile county wanted tI1is or tl13I, and lie initially said that it was tIle cOlmlrissioners; however.
contrarily he tI1en said he wasn\ speaking for the commissioners. And he later indicated that when be used the word "county" he
was refemng to tI1e county manager. This seem; problematic when it discusses tI1e pennit. The COlmty manager's role in our last
ordinance of 2006-5 indicates the county manager's role is simply one of adviser and to assist tI1e PBSD board. And nowhere,
shape or fonn in tI1e language of Ordinance 2006-5 does it indicate !bat tIle county manager would give direction to PBSD board.
Furthennore, at !bat meeting Chairman Henning made a really exemplary recommendation. His recommendation was for tI1e
PBSD board to go ahead and proceed with requesting approval of their permit and get that and then euter into an interlocal
agreement witl1 Seagate and the City of Naples. I think !bat recol11filCndation is still a very good recol11filClxlation and it does not
preelude the use of an advisory committee along with that. Thank you.
CHAIRWOMAN WOMBLE: Okay. Thank you. Lees move along, Mr. Pelty.
DR. RAJA: Excuse me, Madam Chair. I just want to be certaiu of one thing. If we leave a vacuum as to recommending
people to be appointed to tIris new committee or agency, whatever it is, that vacuum is going to be filled by an entity we don\
know of. If it is certain that tI1ere are no names before tIIC commissioners right mw and tllCre won' he any names until after our
next meeting. [ would say okay. I see m harm in proeeediug with making reconunendations today and adding more
recommendations at our next filCCting. At least we know we would have somebody on tI1ere that we feel comfortable in
supporting as our representative and as a representative of tile entire community. So. again, I had proposed Mareia Craven. She
may decline.
CHAIRWOMAN WOMBLE: (helicve sllC did.
DR. RAlA: I have a reason. There's a problem, again, of just having one board lnember attend these meerings. That
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board member cannot speak to any otller board member. He comes back with iofonnaoon. He 1~ls to wait till the ne:\1meeting to
share tI1at iuformation. It's an awkward situation because of tile Sunshine Law. So again I reconunend somebody outside the
board who we know has wOlxed very hard. is very knowledgeablc about Clam Ba) .
CHAIRWOMAN WOMBLE: Do you have a name on tI1e tip ofyourtongne tbere. Ted?
DR. RAIA: I said Marcia Cravens.
CHAIR WOMAN WOMBLE: But she already declined.
MS. CRAVENS: I will consider it. I won~ have a knee-jell< reaction, but give me SOlne time to consider it.
CHAIRWOMAN WOMBLE: Okay
MR. PETTY: Madam Chair, it's up to tI1e chair. We do not have a second on tI1e motion.
CHAIRWOMAN WOMBLE: Well, no. I didil't make.....
MR. IAZZO: We have to have a motion.
CHAIRWOMAN WOMBLE: I didn~ make a motion.
MR. PETTY: 011, I'm sony. I tI10ught !bat's what Dr. Raia was making.
DR. RAIA: I proposed a name.
MR. IAZZO: Make a motion.
DR. RAlA: I'll make a motion. I propose that at least one person be Marcia Cravens. And I will be looking for
somebody to second it.
MR. 1AZZ0: I'U second it.
CHAIRWOMAN WOMBLE: All in favor. Aye.
MR. RAJA: Aye.
MR. IAZZO: Aye.
MS. ALVAREZ: Aye.
MR. LEVY: Aye.
MR. BOLAND: Aye.
CHAIRWOMAN WOMBLE: Opposed.
(No response.)
CHAIRWOMAN WOMBLE: Okay. So we can send that ioformation.
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MR. PETTY: We can send a letter of recommendation witl1 Marcia's nanIC on it. And if she declines, we'll hunt her
down.
CHAIRWOMAN WOMBLE: I would also like to add to that letter Mr. Domenie's lI3Ine who has been a member of tI1e
Clam Bay Committee as the chair and as onc of the loyal members of this board forever, aud he knows as mnch as you can know
about !bat area. And I tlunk that IIe'd be an excellent representative also. And also Mr. Roellig. David Roellig. Anyone else?
DR. RAIA: I would like to expand my motion to inclnde John Domenie and Dave Roellig.
CHAIRMAN BURKE: Anyone else?
MR. LEVY: Wbat about nanlCS from tI1e Foundation?
DR. RAJA: Foundation? Add more lJa1lIeS. Jim.
MR. LEVY: It has to be rewoRled in such a way to realize these aren~ aU tI1e people !bat we're recommending.
MR. PETTY: That's a very good point.
CHAIRWOMAN WOMBLE: Yes.
MR. PETTY: Since tI1e original discussion was tI1ere would he one person from tI1e Pelican Bay Services Division,
which we don't think is appropriate, and one person from the Foundation, wbich may be appropriate, may not be appropriate
depending on the position of the Pelican Bay Foundation, wby don~ we just send a letter of recommendation witl1 these tI1ree
nanlCS for thaI. Take your pick of anybudy in tI1is group of tI1ree for the representative tlUlI you think should be associated with
PBSD.
CHAIRWOMAN WOMBLE: Jolm.
MR. BOLAND: I think tI1e Pelican Bay property owners are going to have representation on tIUl\ because tI1ey're more
neutral. You know what I'm saying there? They're our watchdog association And I believe, Bill, correct me if I'm wrong on this,
!bat you bad put your nanIC in tI1ere or you were contacted or something? Maybe you can clarify lbat for us.
MR. KLAUBER: Bill Klauber, Cap Fenal. Dave Treckcr (phonetic) had asked me to serve in !bat position and I said I
would, and so !bat's where we are.
MR. BOLAND: It's not official.
MR. KLAUBER: It was officially presented and I had conversations with Gary McAlpin That was about tile e,,1eut of it.
MR. PETTY: Madam Chair, I tIlink we only have one position that we could recommend for and maybe supply tI1em
tIlree naJnes would be cerurinly "ithin your purview to do.
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CHAIRWOMAN WOMBLE: I tlrink that tIlal would be fine. I believe t1lat if we should llave someone who's extremely
educated in tIris area that comes forward and would like us to project tI1cir name also, we can do that at anotl1cr meeting and write
another letter.
MR. PETTY: Madam Chair. I think we have a lnotion at this time.
CHAIR WOMAN WOMBLE: So we have a motion. So all tI10se in favor or sending a letter to the commissioners ",th
the mnleS of David Roellig, Marcia Cravens. and Bill .... I'm sony.
MR. KLAUBER: Klauber.
CHAIRWOMAN WOMBLE: Klauber.
MR. PETTY: That was Bill Klauber. I believe !bat he's going to reserve himself for tI1c property owners.
CHAIR WOMAN WOMBLE: He's going to wait.
MR. PETTY: He's comtintted.
CHAIRWOMAN WOMBLE: AU right. Wc'U just take back tIlC three. So that would be Marcia Cravens. David
Roellig, and Jolm DomeDie. excuse me. May I have a vote on that? All in favor.
UNIDENTIFIED SPEAKER: May I comment?
MR. PETTY: Not now. Madam Chair, you've already called tI1c vote. You can't take comment.
CHAIRWOMAN WOMBLE: Okay. AU in favor? Aye.
Dr. Raia moved seconded by Mr. laizzo and approved unanimously to send
a letter to the BCC recommending IfIarcia Cravens, John Domenie and
David Roellig as representative of Pelican Bay be appointed as member of
the new Clam Bay Committee being fOmJed.
-------- - ---------~ --------~--
CHAIRWOMAN WOMBLE: AU right. Motion carties and we will have a letter sent to tIle cOmnUssioners. Did you
want to make a conunen~ Bill'?
DR. RAlA: I would just like 10 say before Bill will conuneut. There is no reason why the Foundation and the Property
Owners' Association couldn't subtint tI1e same mmes we just submitted ill submit additional names. You know, we're not taking
anything away from anybody.
CHAIR WOMAN WOMBLE: Jin, do you have a comment?
MR. HOPPENSTEADT: Just a question, point of clarification. Would I be right in assunring !bat the members of this
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committee would be subject to tile Sunslrinc Laws')
MR. PETTY: Madam Cbair. J can respond if you don' mind.
CHAIRWOMAN WOMBLE: Go rigbt allead. I tlrink I know tI", answer.
MR. PETTY: Absolutely. Advisory committees of the conuty are rnn in the same manner that this advisory committee is
urn. We do have some privileges !bat tI1ey may not have. but certainly their public meetings are public meetings.
DR. RAIA: But if you are under 1I1e Sunslrine Law because you seNe on one conmlittee, tIllIl doesn't pemlit you from
taIking to somebody on anotllCr connnittee.
MR. PETTY: Sir, tIle law is very clear !bat you can have conversations Witll whoever you wish. TIle isslle llere is yon
cannot ]llIve conversations on any matters !bat may come before you for a vote knowingly. Now. tIIC knowingly part is the gray
area, bnt a lot of issues can come hefore you. And lIle intent of tIris. of course, is to try and stop politics in tIle back room. Your
discussion sbould happen in public meetings. So if yon keep that iuteut in mind, I think you can flavor your conversations with the
various members !bat you may interface witll
DR. RAIA: Jolm, we're getting very close to tIIC problem we discussed and that is wby we don't want a Pelican Bay
SelVices Division ulelnber on t]llIt conurrittee because tI",y're going to be hamstmng by the S1UlShinc. This is going to go on and
on.
MR. PETTY: I'm sony. sir. My reconnnendation was not based on Sunshine. Mine was based on due process. Due
process here is tlmt the entire board gets to vote hefore a decision is made. And a member on this advisory committee bas to give
their voice and tllCir opirrion before tI1ey can come back for a vote And I didu' tbink any member here could speak for this body
without bringing it to the body's attention for due consideration. So it's a point of process. So that was my big concern. TIle
Sunslrine is a secondary concern as well but it was !bat process that really botl1ered me.
CHAIRWOMAN WOMBLE: We always have tile office slafftIUlI we candissemiuate iufonnation tI1roUgll
MR. PETTY: We cannot act as your agent. but certainly you can call us witl1 matters that require tIIC attention of the
division.
CHAIRWOMAN WOMBLE: Exactly. Oka)'. Moving right along. Have we talked about the Waterparl< Place
noncompliance?
STATUS REPORT WATER MANAGEMENT PERMIT. POLICY AND PROCEDURES WATERPARKPLACE
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MR. PETTY: Madam Chair. certainly . We have two issues under the second iteln, wlricb is the water management
pennil, policy and procedures. One is a simple status report of our last review that is Watermark Place, which as you-all know by
the public records request that you-all received is being contested to some degree or another. Wc sent a letter diU1ng our review
tllat they did not meet the criteria of our pennil, wbich is pervious and impervious percentages for !bat particular section of our
water management area. Their engineets in receipt oflllat. He's acknowledged receipt and we llave talked to bin,. He bas told us
tllat be will be resubnritting. This was hefore the legal requests for docunICuIs came tI1rough. And wc haven't beard from him
since. We have tried to contact several members that have asked for a puhlic records request to talk about the process. We've also
called the engineer to see if he was subnrittiug it any time in the near future. Wc haven~ received call backs. But our status is that
we llave sent him notice !bat lie is not in colupliance with our system And according to our procedures, we cannot allow hookup
to our system until he is compliant. So wlrile be has passed all of the county's building. pennitting, planning, and rev1ewing
criteria, he bas not met the local conditions of Pelican Bay's water managClneut system So. therefore, lie cannot connect to Pelican
Bay's water management system at this time.
CHAIRWOMAN WOMBLE: Thank you.
MR. PETrY: We have an issue on our pennit whicb is, that this has really underscored the problem with Soutl1 Florida
offering general pennits to people that apply. And in that regard they're saying you are in general cooformance with our water
mauagenleut criteria for South Florida; however, they do not tell them !bal it is subjecllo local conditions. TIle local conditions
being whoever bas bniIt the drainage facilities if South Florida does not havc some for them to book iuto. So we still have !bat
contact to make witl1 Soutl1 Florida. And right now it appears !bat we're going to have to chase them a little bit. They are not
responding to our caDs. So I intend on going there myself to tIle building and just lrnckiug down the secretmy.
MR. IAZZO: Is it possible to just ignore us, Jolm?
MR. PETrY: I'msony?
MR. IAZZO: Is it possible they just could ignore us?
CHAIRWOMAN WOMBLE: They're trying.
MR. PETrY: They could try. yes. The difficult part here is let's say that tI1ey build the condo and they don't connect to
our system and we're watching it evcry day. I think if tI1ey start constmction, we'll have to get Heidi involved because not only is
Pelican Bay Services Division concefilCd because a booknp to its system may be against its policies and procedures. but the county
nlaY see this as a liability. which they should, because if anything happens in contrary to our pennil, lIlCY at" the current pennit
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holders. It is our responsibility to opernte. manage. am maintain lI..t penuit. But if anybody gets sued, if there's any fmancial
impact. it will be Collier County iliat feels the bmnt. So I think at iliat time if they start construction, we should seek legal counsel
of the counly. Until tIlen we I..ve no reason to believe that they are not in a re-submittal mode.
DR. RAJA: But tI1ey do have a letter from tI1e Soutl1 Florida Water Management Dislrict apprO\ing it based ou a prior
approval of the fIrst Waterparlc Place subnrittal. And, apparently. that fIrst snbnrittal was in enur. But I notice on reviewing a plan
!bat once Waterparlc Place is built am sold am every tIring, it's tI1e ownelSof Waterparlc Place become responsible for the dIaiuage.
So I tI1iuk that should be a matter of public notice if tI1ere is a porential problem, the developer, once they're out. the association
mmmig Waterparlc Place beconlCS tI1e responsible party for tIle drninage.
MR. PETTY: Madam Chair, the issue here is if we can~ approve the plQject, tI1en our policies are clear. We don~ have
the power to be arbitrary. Now, we can be stupid because hmnan beings can do tl..t. It appears we were ignorant or we
overlooked something in tI1e last application. That's clear. But we are not allowed 10 arbitrarily say we'll let this one go. The
process is very clear. We're not to put in our personal feelings. It's almost like a judicial review. If tI1ey can fill in all tIle check
boxes, we have to approve it. In this particular case, tI1ey couldn't comply mth one of tI1e biggest boxes we have which is pervious
and irnpeIVious. So the issne of liability down tile line should somehow we get puslled to the side and the building get built. it is
possible tIlen, yes, not only will tile residents of !bat building be held accountable, but allY llegative impact will be felt by tIle
county and certainly by Pelican Bay residents. Our syslem wodes beautifully rigbt now am it protects Clam Bay, which is our best
resource. It is tI1e jewel of Pelican Bay as we have said. I would be very careful about allowing any exemption to tllis rnIe uuless
we bad thoroughly looked at tI1e consequences.
DR. RAJA: I'd like you to add !bat it isn't a small amount tIUlI we're taIking about. TIle requirement is !bat it's 46 pereent
impeIVious. They're at 81.9 percent irnpeIVious. And tI1e refenaJ to a previous approval, at that time it was 86 percent UnpeIVions
and yet they got approval for it. So we're taIking a rntl1er dislmbing big number.
CHAffiWOMAN WOMBLE: We're also talking tI1e possibilily of a very poor water quality because of it too.
MR. PETTY: That's exactIy the impacl Madam Chair.
CHAIRWOMAN WOMBLE: And using !bat as a segtle, could we go iuto tI1e status report on tI1e water management
penuit?
MR. PETTY: Madam Chair that is wbere we're chasing down Soulb Florida to try to get rid of tIlis confusing process of
review where. again, South Florida sends out tllis getICrni penuit that says you are genernily in conformance ",th. Bnt wbile it's
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subject to local conditions. they don't warn them about local conditions. And, yet. they will buld us to our pennit and we will be
held responsible for it fmancialIy and for its negative impact. So as such we cannot give up tile battle, so to speak. We are going
to have to chase South Florida down and get tIlis matter resolved.
PUBLICIPRIV ATE DONA nONS ON CROSSWALK IMPROVEMENT
CHAIRWOMAN WOMBLE: All right. Moving on to the crosswalk.
MR. PETTY: Madam Chair. we have checked with the two groups suggested for the public/private partnership on a
crosswalk accessibility to the Philharmonic. I'm afiaid [ missed Ms. Daniels. I did talk to her assistant. And wbile they are very
much in favor of people walking from Pelican Bay over to the PbiIhannonic. tI1ey are not in a position as a not-for-profit to spend
ftnKls for S31ne. I think they would be glad to offer you an escort if they knew when you were all COining, but I don~ tIrink that
tI1ey can put the money in. We also talked to the Waterside Sbups OOout that process as well. And WateISide Shnps is in a
difficult prediC3filCnt where they think the support of tIle arts and Pelican Bay is sonletl1iug tI13t tI1ey could get berun<!, it would
have difficnlty in providing infrastructure on our roads and streets. So I think in taIking witl1 tI1em, tI1ey were more in line witl1
woIkiug WitIl tI1e Philharmonic for projects or a series of arts and crnfls !bat were coming to tIle facility and possibly woIking on
letting that signage appear at Waterside Shops, advertisements, et cetera Maybe I'm stretching that a little bit. I don't think we
talked about the sign I n13Y be comnritting her for something she didn~ say. but it was more in line with other acts of association
tI1an it was for the infrnstructure. I wish I had Karl here to tell you what the proocss is. I can tell you iliat it is ongoing. He is
moving fonvard with those processes as you approved at your last meeling. And we'll be glad to lalk to you about !bat at your next
meeting, but they're being built as we speak. Madam Chair, if there's 00 questions, ['II 1fiOve on to the next one.
CHAIRWOMAN WOMBLE: Let's go on.
DISCUSSION OF BUDGET ADJUSTMENT FOR CLAM BAY
MR. PETTY: The adjustments of your budget are for your information not for decision at this time. And Marcia Cravens
was actnaIIy very right on taIget. I am recommending to you !bat you consider changes to tIle budget that are appropriate. I do not
wish to have any conUicts down the road. So once we get this matter settled after Dr. Raia reviews it and we have gotten to a
position !bat we're comfortable witIl, I think it would be necessary for US to come back and look at the budget.
MR. LEVY: Is this next yeats?
MR. PETTY: Next yeats budget. It has to do witl1 Clam Bay. As you recall. Clam Bay is funded from two funds: One.
from Pelican Bay assesslnents; and, two. from the - what is it, Ill? I got the nl1lUber right. I guessed. The III fund of tile
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county. which is that MSTU on all nnincorporated areas in the county. Currently Pelican Bay pays about $6 nrillion iuto that fund
every year. So about two hundred two hundred and fifty t1KlUsand of it comes back to work on the coru;ervation area or the
mangroves. l113t fund, according to cowlty staff !bat I talked to, will he reallocated to the new group. which is Coastal Zone
Managemeut beeause tIleY will be responsible. Now, our asscssmeut funds are something that we'll have to talk about what we
want to do Witll it. It has been suggested tI13t we would do this before the assessment notices go out. (don't think !bat's appropriate
because tI1ey're sitting in my office being stull'ed as we speak. I'd Il1II-er have the assessmeuts go out at the highest possible level
!bat we approve and tI1en we can always make a budget amendmeut as tlIC ioformation COf!1CS to us later. So if yon11 agree with
!bat, I don~ need any action at this time. I just need your consideration in the future.
MR. BOLAND: John. currently the budget is up for approval by the counjy. A budgel connniUee of this Pelican Bay
Services Division probably ends in October or November; is that right?
MR. PETTY: We sbuuld be meeting in Septeni>er.
MR. BOLAND: Right. WelL okay. What I'm saying is right now we have wanted you -- Tim Hall still bas tbe contract
is my understanding - we need to do daily, weekly. or monthly maintenance. we would sliD be doing !bat, I assume; right?
MR. PETTY: If any tIring pops up between now and the tinle of completion, we're ready.
MR. BOLAND: OtI1erwise. it's business as usual?
MR. PETTY: Yes, sir.
MR. BOLAND: Okay. So. as I say, we're not reaDy going to lneet again uutil the falL and maybe sonle of these
unanswered qnestions will get resolved.
MR. PETTY: Yes, sir. We hope so.
MR. BOLAND: Y cab, tI13t's what I'm saying. Maybe, yon know, it's aU specnlation out tI1ere. We don~ know what the
foundation's going to do. We don~ know
MR. PETTY: We're not going to go forwanl with a new pennit. Tim doesn~ have any money for the pennit. Our staff
is still tI1ere monitoring the situation and if we see any daInages... .
MR. BOLAND: Right.
MR. PETTY: ...... or if Tim in one of his re,iews sees any adverse affect to tIle mangroves or reports the same to us, we
will address !bat situation because it is still within our curreut budget year. And we will do so in full sight of Coastal Zone
Management and, of course. with their understanding.
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DR. RAlA: If we don\ fund tins pennit then tI1ere's no pennil and, therefore, we are acting outside tIle bounds of the
direction of the comnUssioners who voted for tlns pemnt.
CHAIRWOMAN WOMBLE: Well we have a one-year extension pennil.
DR. RAlA: Well. I think that one year is supposed to be used to me tlris pennit because it takes some time. So I will try
to get some guidance from tllC comnUssioners next week hopefully but, you know. I don\ tlnnk we sbould be talking about doing
away with this budget on tI1e assumption that wc're not going to have the pennit. Even if we don\ get tI1e pennit. even if they
rescind !bat vote, whicb is tI1eir prerogative, I would still like to have tI1e lnoney on boanl to lake care of the mangroves and we
may not have 10 use it. 'The only caveat I would like to see is that wc don't give this money to tI1e connnittee and Mr McAlpin to
use as tI1ey see fit. I would like !bat tI1e money would be used for maiutaiuiug our mangroves. I say our. TIle county's mangroves.
CHAIRWOMAN WOMBLE: Mr. Petty, would you like to comment?
MR. PETTY: Madam Chair. I think bringing back additional iofonnation would he very llelpful in tlris regmd Though
let me bring up a couple of points of process and procedure that may help fonn tI1e questions. We do not have autonomy. We
cannot speud taxpayer money whetIler it comes from Pelican Bay or anyplace else on projects !bat we see fit that are not approved
by the county commissioners. As you recall, tI1ey approvc onrbudget. We recommend tIIC budget.
MR. IAZZO: What (a,< money? This is an assessment. This is not (a,< dollars
MR. PETTY: We do an ad valorem tax as well. sir. So I'm just t1yiug to use tI1e vernacular. If you'd like I can be very
specific.
MR. IAZZO: It's ml assessnlCnt. Jolm.
MR. PETTY: No. sir.
MR. lAZZO: It's for tIle..
MR. PETTY: We have an ad valorem (a,< as well for 18 years, more than 18 years, and it is a special berefitassessmeut.
I sbuuldn't get into an issue over the technical aspects of it. It all comes out of your wallet. let me just say!bat. It all comes out of
your wallet. So. in otl1er words, while we may be in favor of a process that says we would like to contribnle to tI1e mangroves or
we would like to put morey iuto tI1e mangroves, we couldn't do that witl10ut tIle commissioners approving it. So right now leaving
tI1e money in is probably our slrongest position. AltIllll1gh I have thaI salllC caveat: if olbers are luaking tI1e decision on wllCre tI1e
monies go. I think we have a very clear message from this board from tIIC past and from the people that I have talked before. !bat
witlllll1t the voice of Pelican Bay, you don't get tI1e money in Pelicml Bay.
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CHAIRWOMAN WOMBLE: 11Irink that's pretty much understond. But, Ted. once you talk with people. I think maybe
we'll have a clearer idea of where we're headed aoyway. And you're a pretty good judge of communication and body language and
everything !bat you're going to he watching. So I tIlink you11 have an idea of what's beading out. And I think you may feel a little
more comfortable. I'm not positive about !bal, but I think so.
MR. PETTY: Madam Chair. I only' havc one more thing ,mder my report and that is tI1e fmancials. which we pronrised
to you. They weren1 iu your package. A11d SiIV;;e Kyle isn1 here and is on vacation, we'll blame bin, but acluaUy he got this to me
before he left. I just didn't have time to get it iuto tI1e package
MR. LEVY: TIJank you, Jolul
MR. BOLAND: Thank you, John.
MR. PETTY: Madam Chair. as you look dO"TI tile list, you'll see tl13t we have red flags all the way through. The one
red flag at the tI1ree and a halfmontl1 cash flow iSS1lC and that is how we pay for our costs in tI1e fIrst tI1ree mouths of the year. We
changed !bat. Next year it will not be tI1ree and a half months. It is less tI1an!bat now. And we'll change this number as soon as we
get iuto the new fIscal year. The reason it is still red flagged is the countY bas diffICulty in setting it up as a cost reuter. We're
wearing them down slow. But until tIlCll, we11 still.nark it because we do expect tI13t cash to be in our bank accOlmt come October
I.
CHAIRWOMAN WOMBLE: I understand.
MR. PEITY: So. as you can see. staff is doing a pretty good job of Slaying within its budget criteria A11d I can
conunend staff for doing that. If tI1ere are no questions. Madam Chair, we're done witl1 the adnrinistrnlors report.
MR. LEVY: Just one question. Our non-ad valorem assess.neuts are, like, $110,000 below the budget.
MR. PETTY: Yes, sir.
MR. LEVY: That being we got in less money tIl3Il we e"'1JCcted?
MR. PETTY : Yes, sir.
MR. LEVY: And that's the way it's going to be"
MR. PETTY: Sir, we're seeing property valnes go down. We didn't anticipate !bat. I think tI1ere's been a 15 or 16
pereeut drop in property is what our - Janice, do you recall is that about right, wllether or not the percentage dropped in property
in Collier or Sontl1 Florida is 15 to 16 percem, somewhere around there? SIIe's correcting me to the words higher. It's closer to 20
pereent. So we are seeing drops in property. I think thaes going to be affecting our ad valorem return
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MR. RAlA: Jolm, looking at the mouthly ...
MR. PETTY: Oh, I'm sony. I'm sony. You had asked -- we didn\ do an ad valorem last year. You bad asked about
non-ad valorem assessments.
MR. 1AZZ0: I said non-ad valorem That's what I was waiting for.
MR. PETTY: Non-ad valorem assessments are based on the assessment of property, not on their property values but on a
per ERU basis.
MR. LEVY: Yes.
MR. PETTY: And we can look into tI1a1. It is probably doe to tllC tax sales on certain properties, but we can look into it
willie it's still sharp.
CHAIRWOMAN WOMBLE: Anyoneelse? Marcia.
MS. CRA YENS: Marcia Cravens, Mangrove Action GrouP. Dorchester. I just wanted to comment on what's been put
forth about the MSTBU and about not having aoytbing 10 say about it. I have a memo !bat was between David Weigel and
Conunissioner Hancock !bat addressed this issue seven years ago. And in i~ it indicates tlUll MSTBU funds ultimately you can
request tllem to be spent a certain way or givc some advice on it. Ultimately, it's \me that the cOnurUssion has the last say-so. But it
has to be spent to benefit the MSTBU. It cannot be put into some otllCr fund, for instance. It 113S to stay in Fund L09. I would like
to luake a suggestion. If you're concemed about tIns funding for the Clam Bay Resto.....lion Project. For one thing, we do know
!bat it's a long-term project. It's not a done deal. TIlere's 70 acres of mangrove still under concern. Ten acres are still dead. The
white mangroves could <lie out as tllCy mature. It is a vcry long-teml process, and it's solnething !bat we as a comnumity have
embraced. It's part of our MSTBU. And I might suggest if you're concemed about putting the money in Mr. McAlpin's or some
other person's coutro~ even it's for the Clam Bay Estuary, you might consider reducing your amount of assessmen~ but please
don\ elimiuatc it. It reaDy cannot just be completely high-jacked from you for some other cause.
CHAIRWOMAN WOMBLE: I don't believe tI13t we considered that possibility. We're lnore concefllCd with making
sure !bat it does go to the areas that we're interested in. So I think we'll get a better idea after Dr. Raia talks to probably Jim Mudd
or one of the people in the cOnurUssion office.
MS. CRA YENS: Thank you.
DISCUSSION OF MR. PIRES PRR REOUEST
CHAIRWOMAN WOMBLE: Okay. Discussion of, and I'm not sure bow to say this allofilCY's nanIC. Is it Pires, Pires?
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MR. PETTY: Pires.
CHAIRWOMAN WOMBLE: Pires. Okay. Dr. Raia.
DR. RAlA: I'm just surprised !bat the county aUomey has not addressed tins because every buard member received a
request of public documents from us and to me tllis is a legal action. And we should be advised on what to do with it. what it
means, if there's something we're doing wrong, if there's sOlllCtIring that we should do different. Wby this came all of a sudden I
don~ know, but I had requested tllat tile counly attofilCY send sonle representative 10 tIns meeting but. apparently. they were
booked to do sometIring else. I still think mayhe in the future !bat they come and tI1ey explain this to ns.
CHAIRWOMAN WOMBLE: Do you llave aCOIntneut?
MR. PETTY: Well, Madam Chair. we did conlact the County Attorney's Office and offered the invitation. There was a
conflict at tIlis time. She did offer ller opilrion, which was tI1at e-mails are callable under public reconIs requests. So from staff's
perspective we get tIlese calls quite fieqnently. The fact !bat we bad lwo attorneys asking for tI1is particnlar project is a little bit
unusual, but certainly not anytl1iug !bat we haven~ seen in the past. And IVe already submittcd all the e-mails tI13t I have on the
matter. It is not a legal request, a legal action, per se. It is the right of eve.)'one in tIris country to ask for public reconIs. They
don't have to do it in writing. TileY can do it verbally. TileY don~ have to do it in person, and all they llave to do is basically make
themselves available to come to a public place for a viewing within a reasonable amount of time. So if tI1ey ask for tI1e pubhc
records. I don't have to do rescareb witl10ut them paying for tI1e researeh. But. for viewing such files. tI1ey have the right to do !bat
and I have to supply that in a reasonable amount of lime. And we llave been doing that at our offices. So if you llave any sucb
files, you're welcome to put them on a CD and we will make them viewable from our offices. If you only havc them on your
computer, the Sunshine goes further and says the public has a right to look at it tIICn in !bat sole presentation on your computer
which gives them total access to your computer. We suggest you put it on CD or send it to us and iliat way we'll be glad to be the
public viewing place for the e-mails. Then tIle legal action later on would he we don't think you gave all of them to us and then
tI1ey'd have to have the wammt criteria So the fiJst is pnblic records request wbicb I advise you-aD comply ,villi to tIle best of your
ability. And, secondly, is if they think that you have not complied, tIlen !bat would he tIle legal action I would suspect. sir.
MR. LEVY: Who does Attorney Pires represent'?
MR. PETTY: Tooy Pires is an old friend of ours. Tony Pires was the attomey for WCI and this project for a very long
time. Tony bas been involved witl1 planned unit developments in Collier COunl)' and Lee County for a very long time. He
currently represents quite a few commurrity development districts in the area including Fiddlcr's Creek. which is the developer's
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commnnity for Waterpmk Place down in soutl1 Collier. So I suspect that Iris reason for the request has to do \v1t11 Waterp:nk Place.
MR. RAJA: I suspect you're right. John.
CHAIRWOMAN WOMBLE: What if tile only things you have on your computer are things that were generated from
tile office?
MR. PETTY: Oh, we're not asking you to duplicate official files kept at tIle office.
CHAIRWOMAN WOMBLE: All right
MR. PETTY: We already have tI1ose. This is commnnications specific in nature tl13t ouIy you would have.
CHAIRWOMAN WOMBLE: Okay.
MR. PETTY: So if we have them at tIle office, I need to diseuss it WitIl Mary. Yondon~ have to provide us with copies.
Mary's already done it.
CHAIRWOMAN WOMBLE: Okay. Thank you. All right. Ted, did you have anything else yon wanted to say?
MR. RAJA: No. !bank you.
DISCUSSION OF JIM BURKE STATEMENT
CHAIRWOMAN WOMBLE: Okay. Discussion of Jim Bmke's statement. Mr. Raia.
MR. RAlA: I have no conunent to make. Back when I requested tI1at it \Vas because of receipt of an e-mail iliat we all
received from Mr. Burke. And I didn't know !bat it was going to be discussed at tIUl\ wOlkshop on July 2. And, since it was
publicly discussed and he's not here, I would not want to make any comment.
MR. PETTY: Madam Chair, if I would. I bad no idea tI13t Mr. Burke had sent tlUlI out bye-mail before that discussion
at tIUlI workshop. If Mr. Burke was here, and we will send a message tI1at is what penple will consider as a break in Sunshine. is
where you try to get a political tI10lIght across outside of tIle public lneeting hefore tIle public process. TImt's exactly what we're
trying to avoid. So my suggestion is if you wish to have such things public, do so at these meetings, but don~ send them out to
each bomd member beforehand. If there's an agenda item where you sent it to the office and we put it out for distribution to not
only you but the whole public or it happens here at the bomd meeting where you have a speech or something else you'd like to
snbnrit to tI1e pnblic record.
CHAIRWOMAN WOMBLE: Thanks for the renrinder. Okay. Aoyone else?
(No response.)
CAPITAL PROJECTS
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CHAIRWOMAN WOMBLE: All right. Conuuittee reports. we Ii,we none at this point. Olpilal projects. how about the
update on the Myra Janco Daniels Boulevard meeting?
MR. PETTY: Madam Chair. as I described a littlc bit eadier. WitIl Kyle on vacation. we're going to blame him for not
haviug tile reports. I do know tliat he is actively pursuing these and bas contracts out for tile WOlle
CHAIRWOMAN WOMBLE: I've noticed tI1at tI1e median is lower. The plants are lower so that you can see better as
you're di1ving down !bat area and for any crosswalks going over.
MR. PETTY: I tI1iuk that's our staudardline-<lf -sight issue. Madam Chair.
CHAIRWOMAN WOMBLE: It's lUuch better than it was.
MR. PETTY: And I do believe that the bollard lighting has been ordered. I know !bat the only issue that we're going to
liave is the adjustmeut that we will ask you to do probably at next lnontl1'S meeting. We "ill ask you to do a budget amendment.
If you recall. we're a little over budget on this item.
CHAIRWOMAN WOMBLE: Right. That was supposed to be coming in, I think. 7/14. July 14t11 was to be the
beginning of !bat project, the bollard lighting on VandeJbilt Beach. And tI1ey expected it to be dore in two weeks which would be
last week. Is it still in tIle process?
MR. PETTY: We lnay be mnniug a lad late because I haven't been told tlUlI it's been complete yet.
CHAIRWOMAN WOMBLE: Okay.
MR. PETTY: So I b'llCSS then we'll blanlC Kyle since be's not bere.
CHAIR WOMAN WOMBLE: Kyle's out ofloWll That's going to make a difference.
MR. LEVY: Wasn't tIlere also up for discussion tIle crosswalk for tile bridge walk?
MR. PETTY : Yes, on what style and we were getting prices. If I remerrdler correctlY, you asked for the solar panel to
come back with specific issues.
MR. LEVY: We didn't have a quorum here the last time so we couldn't obtain specific pennission.
MR. PETTY: We are operating off the decision !bat was made from tI1e meeting before.
MR. LEVY: We were talking about in lieu of the boUard lighting along the walkway by the lake, put in a cross walk
right out of Bridgeway across the street and tliat seemed to he what tile residents want.
MR. PETTY: If it can be accomplished in a safe or proficient manner. then lIial's exactly what you wanted ns to \Jy and
look at. Kyle was going to wolk with transportatioR Collier CountY, to make sure that tI1at was something !bat was permitted. We
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know tint the crosswalk on the other side happens nol at the cOfilCr but further down, but tI1at's on a cOlDDICreial area versus what
we have here. We just want to make sure that it's still a considered item.
!vIR. LEVY: Because be came oP willi the cost estimales previously. He had not yel gotten clearance from tIle county?
MR. PETTY: Well. sir, we're still looking for exactly what is it !bat you "1sb us to do. If you recall. we bad solar power
then we had what was going to be required of us putting a transfoRner down from FPL.
MR. LEVY: Right. one way or the other.
MR. PETTY: And tIlere was quite a bit of discussion at our last workshop abuul couring back witl1 additional options
and infonuation. So I know tI1at the preliminary work bas been priced. The pennit bas been gotten. We're ready to go. We're just
waiting for our next decision process. And, unfortunately, Ilnve notIring llere before tIle board to offer yon tonight.
CHAIRWOMAN WOMBLE: When's Kyle going to he back?
MR. PETTY: He actually carne in today. He'll be back in tornonuw lnoming.
CHAIRWOMAN WOMBLE: Okav.
MR. PETTY: We're having a special meeting kind of tIrrew hinloff.
COMMUNITY ISSUES FWOD REMAPPING BILL
CHAIRWOMAN WOMBLE: I understand. Okay. Let's go on to Clam Bay Flood Remapping Bill.
MR. PETTY: Madam Chair, I think this is an issue wbere there is a special bill before the Florida legislature illis session
considering doing a remapping of a specific area called Clam Bay. which bas to do ,vith the flood plane. I was sent an e-mail
stream !bat is going around whicb bas a web site of where this bill is sitting. And it shows a map of wlnt is the Clam Bay area and
it is basically Clam Bay and the portions of water 10 our soutl1 tI1at reside between Naples Cay and Seagate. And ils southern
periulCter is Seagate Drive. Now, tInt's outside our PUD a little bit. but just a little bit. I didn't see wlnt map illeY are proposing. I
talked to a few people who bavc indicated to me that the map tI1ey are proposing is to pull the area known as Naples Cay out of the
preserve area which doesn't bother me at aU. First, from the perspective of tIle Clam Bay peRritt !bat we lnd or any responsibilities
thereto. I don't see any problem with that; but I did not see !bat map and nothing has been snhuritted to ns for review. So is there
aoytI1iug that we need to be coucefllCd IDout? [can\ see any tIring yet. bull do not Invc tbis project fully before lne. I cannot see
what map they are proposing.
DR. RAIA: Who instituted the request?
MR. PETTY: I thought you did, Dr. Raia.
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DR. RAlA: No, I nlean. the map was always there. Solnebudy didn't like the map so 1Iley're looking to change it. I'm
curious to know who doesn't like it.
MR. PETTY: It was Senator Connie Mac or congressman. Is it senator or congressman? Comne Mac is the one
subnrittiug the bill.
MR. IAZZO: Jobll, I havc a question for you. We have a handout here for the future candidatcs. I assume we were
going to bave time to discuss this prior to tile next board meeting.
MR. PETTY: Wc would like yourtl1ougbts on that tonight hefore the end oftl1e meeting.
MR. IAZZO: You're not going to diseuss it at tIns lneeting, are you?
MR. PETTY: We do want to.
MR.IAZZO: Oh, okay. Thank you.
MR. PETTY: We would like to have !bat before tI1ey make tI1eirconsidemtion at their September meeting. So we would
like you to talk about !bat tonight as tI1e chair sees fit to bring up.
CHAIRWOMAN WOMBLE: Okay. Marcia.
MS. CRA YENS: Yeah. Mareia Cravens. I'm sony. I kind offeellikc a pest as I keep getting up here to talk about
things, but as you know I am constantly reseaIChing and looking at tIrings !bat may affect thc estualy. The many people. including
myself. are not fantiliar with the CHAFEE (phonetic) or coastal bamer resource systems and tI1eir units whicb later added anotllCr
category called tI1e OtIICrwise Protected Area. This was legislation that occurred thmugh an act of Congress tI13t was meant to
discoumge development of sensitive coastaI areas. And it songht to disconmge that developmeut by exempting the ability to
obtain federal funds for constmction projects including dredging. And tIlere are two different kinds of units: One is a Coastal
Barner Resource Unit and tI1e otllCr is tIle OtIICrwise Protected Area. I have looked at the map that's on-line. I myself have
disseminated an e-mail with links to that map. I have l13d conversations witb Katie Nemy (pbonetic) who is the Washington
person for Florida, for FWS. in regards to this map and tI1is bill. What I'm concemed about and otl1ers are, is that tI1e current map
indicates not ouIy tIle OPA, which is our conservation area, but tl13t it also indicates a Coastal Barner Unit. Now. one distinction I
did meution here is that the ouIy protection for tI1e OP A from obtaining federal funds 113S 10 do witl1 flood iusumnce. I personally
don~ have a problem witl1 Naples Cay if tI1ey're actnally desigmted "ithin tbe current map that they are enoneously witl1iu the
conservation area boundary of tIle \\lap and they want that corrected. Thaes not the issue of conteution. The issue of coutentiou has
to do witb the Coastal Barner Resource Unit itself. whicb includes tlIC imbility to use federal funds for dredging. And !bat's a real
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concern here. Because as we know. tllere are some ambitious projects that are being proposed and advanced !bat include funding
and tI1at are also going to be seeking to get federal funds such as tI1e WERTA (phonetic) Funds. So right now I am strenuously
requesting tI13t FWS look fmther into what tI1at current map actnally represents; that it very well may not just be an OPA. I have
some documents locally !bat indicate that ies not just an OPA; that it also is a Coastal Barner Resouree Unit. I hope I'm being
cohesive to you.
DR. RAIA: I don't know if you can answer tlris question. but I'm just curious. do tI1ey supersede the covenants !bat the
Foundation has on Clam Bay? T!IC federal govenullCnt water protection and all this overlay stuff, could tIle)' ciICumvcnt the
F mmdation's covenants?
MS. CRA YENS: I believe tI13t tI1e covenants are probably partly a result of tllis scnsitive coastal area tl13t 113d been
recognized as sucb many. many years ago. Our origiual PUD was the result of rezoning from an area along the coast !bat was
called Special Treatmeut Area, and it was recognized to be a sensitive area then.
So I believe our covenants and tI1e requirement from Army Corp and DEP all derive from this coastally sensitive area.
And I believe !bat tI1ere are a lot of docmllCnts, butIl slatewidc and locally. tI13t indicate a desire to discourage development here.
And mysclf and oilier environmentalists wonld not want to see ll13t lost by a replacement map that elimimtes a CBRA Unit if. in
fact, !bat curreut map does reflect tI1ere also being a CERA Unit.
DR. RAlA: Thank you, Marcia. Maybe the Foundation might get a legal opinion on !bat. bnt there seems to be too many
tI1iugs going on at one time in !bat area. And I would not want to be outmanem'ered Mth something like !bat. That the Feds have a
higher priority over what we're doing. And I' d feel more comfortable koowing !bat tI1ey don't.
MR. HOPPENSTEADT: T!IC land is, as everybody knows. was origimlly owned by Coral Ridge - Coral Ridge Collier
Apartments. It was deeded to tIle corully. What happens after that is all of the restrictions overlay tI1e use of your land, tIlCn, is
govefilCd by tile federal gnidelines. the FDEP. So that aU overlays the ownership of the land. So basically what happens is, is tI1e
covemuts and deed restrictions that weut WitIl the land are sonlething tIllIt the county has to comply with for use of !bat land as
tI1ey have to comply with tI1e fcderal restrictions, the DEP restrictions, and everything else. So it's not an either-or. It's an overlay.
DR. RAIA: Thank you.
CHAIRWOMAN WOMBLE: Glad you know about it. Okay. Moving on. Let's see. Plan reviews. none. Conunittee
requests, do we have any reqllCsts from any member of tI1e committec here?
MR. PETTY: Madam Chair, we'd like to bring 10 )'011I attention the matter of filling empty seats.
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CHAIRWOMAN WOMBLE: I think that's an excellcn( idea.
MR. PETTY: And tI10se that qualified to tI1e request by countY are shown on wlUll has been supplied to you. There is
one member that didn't make it to tile list and he's lis1ed as not applicable because he's not a registered voter. So because of !bat. he
doesn\ meet the criteria. He may be a very nice person and we may think he fits the job. but he wasn't registered at the time so lie
is not eligible.
CHAIRWOMAN WOMBLE: Okay. AU right.
MR. PETTY: So certainly it would be appropriate for ns to send a letter of reconnnendation for anyone !bat tI1e board
would like the conunissioners to consider in the replacement of Mr. C-Onnell's seat and Mr. Donlenie's seat.
MR. IAZZO: I'd like to reconnnend Tom Cl3Vens for that replacement to finisb his tenn.
DR. RAlA: I second that.
MR. PETTY: If we could we're going to ask you to go for which tenn because one has a longer term tI1an the other.
MR. IAZZO: Take tI1e longest.
CHAIRWOMAN WOMBLE: I have a question. On the site for Pelican Bay Service Dn"sion Board, everyone listed as
of, I think, Sunday evening were off the buard on Mareh 31st.
MR. PETTY: Pretty much.
CHAIRWOMAN WOMBLE: Is that correct? Every single person on this buard is done tI1e end ofMareb?
MR. PETTY: Well, there's five coming off. Illrink one overlaps. Yes. ma'am Most of tI1e board is up for election in
Mareh.
CHAIRWOMAN WOMBLE: Okay. That's interesting to know.
MR. BOLAND: Jolm. I think I'd like to reconunend Tom to take Coleman's place since he would have a longer stay.
And I think with the Clam Bay issue, Mary Anr1e. you being tI1e chair. you're going to have your hands full. I think Tom would be
an excelleut addition to this board regarding !bat.
CHAIRWOMAN WOMBLE: I agree. Would we like to discuss this before we decide on nalnes'?
MR. PETTY: Madam Chair. you can lake nominations for discussion. Whatever tI1e chair prefers as far as fomUl\. It's
up to the chair.
CHAIRWOMAN WOMBLE: AU right. Let's discuss nominations. We have Tom Cravens. Do we have anotl1er name
!bat we'd like to put fortb? I do. I'd like to recollunend Jeff Gibson for tI1e board. He's vel)' im'olved with tI1e water issue at the
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Club at Pelican Bay and he's quite well-versed in our situation witl1 Clam Bay and "itl1 tI1e water situation throughout. He's
wOIked well witl1 the commissioners. He's workcd well with office staff at the conunission office and lie kllOws Mr. Mudd. He' d
be a good man. I think, to bave on tile board. And if he hasn'. gol tllC education on sofilCtbing, he will fmd out iunnediately. He's
well read and he educates himself on topics. but he's already got a leg up because he's well aware about the water quality in Pelican
Bay. So tI13t would be my recomnlendation at tllis point Anyone else'!
MR. BOLAND: We will be losing Coleman as really the chair of the budget committee. He's resigned. So maybe since
Tom is more of an expert in tbe Clam Bay area, we might want to look for someone in tI1e financial area to replace Coleman.
CHAIRWOMAN WOMBLE: Is Bob Pendergrnss chair'?
MR. BOLAND: It's a possibility.
CHAIRWOMAN WOMBLE: Excuse me.
MR. BOLAND: I'm sony.
MR. PETTY: There's a gentleman right next to you that we should.. . ....
MR. BOLAND: I'm not saying as tIle chair. I'm saying as an addition [0 the budget committee. Because Bob
Pendergrass is on the committee. but he's made maybe one board meeting. I think that's becoming a problem. And. you know, if
you're going to go for a board, you better cOmnUt yourself At least havc the courtesy to sbow up. [think he's very unprofessional
and really I'd rather see SOmeolle else on tI1ere.
MR. PETTY: If I could, Mr. Pendergrnss bas been in contact with our otrICe and has e"..plained. He bas a family
situation tIlllt was not anticipated tIUlI is having him leave tI1e country quite frequentIy. And lie's ahV'ays apologized for not making
the meetings. And it is he tI1at has suggested tI1at a new chainuan be selected. I think Mr. ConneD was waiting awbile to do so
1U1ti1 the next budget cycle.
MR. BOLAND: Okay.
MR. PETTY: But !bat's certainly something the chair can consider and should as tilne goes on. There's no inunediate
need right now. But certainly attributes of these candidates of tI1ese people on tIlis list are something for yon to consider. The fact
!bat tI1ey're willing is important because we do need that colmnitment to colne up llere and go tI1rough tlris. It is not fi.lll We don't
have cookies. We don't have pizza This is a tough deal.
MR. 1AZZ0: We have two nominations then?
CHAIRWOMAN WOMBLE: Well, we also have Geny Moffatt who was partner of an international aceounting fmn
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aud tImt's pretty solid I would tI1iuk.
MR. PETTY: MadanlCllair--
MR. LEVY: Anybody know lrint'!
CHAIRWOMAN WOMBLE: Yes, I know Geoy. He's actnaUy an officer on the Foundation Boanl, I believe. isn't he?
Isn~ he? Is he on tIle committee for the treasury?
MR. HOPPENSTEADT: On tlle budget
CHAIRWOMAN WOMBLE: On the budget committee? Okay.
MR. PETTY: Madam Chair, if fumy suggest, instead of just recolunlending one or two, tlUlI yon may waut to consider
ranking them so tI1at all four candidates fit in here. tI1at way you're not excluding anyone tI1at's willing to serve.
CHAIR WOMAN WOMBLE: That's au excelleut idea.
DR. RAIA: Mary, do yon through the Pelican Bay, do you have any personal knowledge of Jeffrey Scott Gibson?
CHAIRWOMAN WOMBLE: Yes, I do. He's an excelleut persOlI He's extremely professional and be's asked me
several times about this boanl and whether or not he could be considered for a position. He's becn interested for quite awWe and
he reads extensively about any tIring to do with our issues and he's well-versed on it.
DR. RAJA: Good. Thank you.
MR. IAZZO: One of the people mentioned about Moffatt.
CHAIRWOMAN WOMBLE: Geoy Moffatt was a parI1ler in an iuternational accounting fiml. I play golf with his wife
and I see him at breakfast and I don~ know hiul as well, but I know he's very interested in everytl1iug to do witl1 Pelican Bay. I just
happen to know Jeff Gibson much better. Tlmt's all. And I think they're butl1 excellent. I have more of a background on Jeff. hc's
one of the board of directors at the club.
DR. RAtA: Tlris Christopher Peabud)', was he notified that you have to be a registered voter?
MR. PETTY: It was part of the criteria that was on the application. And I'm sure tI1at he was contacted by Susan Filson
of the county who was runrring tIle application process.
DR. RAlA: So suppose he runs down and becomes a l'Cgistcred voter. does he have an impediulCnt? Is he Britisb?
know he's English I'mjust wondering if he's still a Britisb citizen and be can't vote here. Is tI1ere some impediment?
MR. PETTY: I was not part of tIre review process. Madam Chair, if from what I heard you-all say so far, it appears !bat
you have Mr. Cmvens as one. Mr. Gibson as two, Mr. Moffatt as three, almost tile order we have them typed up in, and Mr.
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Gravenhorst as four. If tl13t is what you'd likc to consider, you can do it in a single motion, oiliem'ise. you would take each
position one by Olli:.
MR. BOLAND: Once again, please.
MR. PETTY: One was Tom Cravens. Two was Jeffrey Gibson. Three was Gerald Moffm. Four was Theodore
Gravenhorst. Now, if you like. you can take it all as a single mOlion or rearrange.
MR. BOLAND: I don~ agree witb that. I'd rather havc Moffatt Iwo and Gibson tI1ree. Moffatt seems to l13ve a better
financial backgrowld. Not as chair jllSt as to replace the buard filCmber since Pendergrns~ is not going to be tllere and we lost
Colclll3fi. Just my personal opinion. That's all. I don~ know eitIler gentIeman I'm just looking al credeutiaIs.
MR. PETTY: Keep in mind tllis is for appoiut11lent to tlris committee and appointment to auy olller subcOlmuittee of this
would be per the chairperson's directive. So keep lb.,. in nrind We may get someone with financial backing, but it is not going to
be the appointee of the chair.
MR. BOLAND: My personal opinion.
MR. PETTY: Yes. sir.
DR. RAlA: I would like 10 differ WitIl my friend and colleagllC do"l1 there. I think we have enough people who know
tIle numbers. And I think Gibson being involved witl1 the greens at the club and intimately involved witl1 the drainage problems
we have, I tI1iuk it'd be nice to have him share some of his expertise with us.
CHAIRWOMAN WOMBLE: I'm going to have 10 agree with tI131 because Mr. Moffatt is on a Foundation Committee.
And Mr. Gibson, to my knowledge. is not on any other conunittee other tI1au the club. And I'd like to have someone who is not on
oilier committees in the Foundation or the Pelican Bay Homeowners Association or anything else. I think it would be nice to have
a clear-cut idea of wl13t's wl13t from somebudy who knows abuut tIle water situation and just let it go at tI13t. I have nothing against
Geny Moffatt. I just know that be's already reaDy involved with the budget committee for the Foundation. And he may not like it
too much if we stick him on a budget committee for us. So just a thought.
MR. PETTY: Madam Chair, if I could also add. It is possible !bat we may lose anoilier buard member. Mr. Pendergrass
bas his family issue drat has kept bim from a lot of meetings. And when we spoke, he was candid abuut that if it does restrict him.
be may have to do that. Family COfilCS first as you-all know. So keep in nrind we will probably end up recommending the top
three off of tIris list. tI1e top two iuunediately, but possibly a tIritd will be needed.
MR. BOLAND: Jobn, just one qllCstion. If we have any more surprise resignations, I assume this list would take it
7529
Pelican Bay Services Division Meeting
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16 , lA-/~
do"n to tIle next person?
MR. PETTY : Yes, sir. Unless the board directed me othem1se. I would takc yonr vole on that tonight as meaning you
would do that also in a montIl or two months nn!ess you givc lne otIler direction
CHAIRWOMAN WOMBLE: Okay. All right. May I have a motion !bat we go ahead and snbnrit the names: Tom
Cravens. Jeff Gibson, Geny Moffatt, Ted Gravenbnrst in that order to the Collier County Commissioners?
Dr. Raia moved seconded by Mr. Boland and approved unanimously to
make the recommendation to the BCC for replacing the vacant board seats
in the following order: Cravens, Gibson, Moffatt and Gravenhorst as
members of the Pelican Bay Advisory Committee.
CHAIRWOMAN WOMBLE: Not approved?
(No response.)
CHAIRWOMAN WOMBEL: Okay. Motion carties.
DR. RAIA: That takes care of the Cravens. Now we're going to pick on somebody else rex! week.
MR. PETTY: Madam Chair, depending on the tinle and your tolerance, tIlere was a matter that came up today witl1 the
golf course. If you've got tllllC. I just want to throw it out there for conceptual consideration.
CHAIRWOMAN WOMBLE: Please do.
MR. PETTY: I don\ need allY action other tIl3fi your conceptual consideration. We have been taIking for a couple of
lnonths MtI1 the golf course on their issue of water and irrigation in Pelican Bay. As you know we've talked about this at other
meetings. Today's meeting. they have conle to a stalemate. if you wil~ on tIle progress of their deep well !bat they were hoping to
store unused effiuent over the Sl1I11ffiCr and tI1en pull it out during the winter when tI1ey need it. Now. tI1is belps us in Pelican Bay
because whatever water tI1ey can bring to the area and apply on that lateral line through Pelican Bay llCips us maintain a higher
water level and keeps salt water iutmsion from the area. It also helps our trees and bushes that are in that root zore where tI1ey can
take advantage of !bat water table. 1lley're not able to cOluplete the deep well. It turns out that everybody's best inteutions are not
going to be met. The regulations cannot be met by Collier County. and Collier County 113S abandoned its projects coocemiug
deep-well iryection The issue here is. the requirements of deep-well iryection have been fIrmed np to include potable water
requirements. So yon have to treat the wastewater that you have to a potable water degree before you can punlp it down into tIlis
brackish water supply some 400 feet down. That's a very odd and rew reqnirelnent To treat the water to that degree I'd have to
7530
Pelican Bay Services Division Meeting
Au !!list 12. 2008
1611J4-1~
spend about $2.50 per tI10nsand gallons. I'd have to pnt it tIlroUgh a membrane process, reverse osmosis to treat this effiuent to !bat
quality. Now, currently tI1at's only dolle in one place tInt I'm aware of aud tint's Water Factory 21 in Califonria wlrich has been
doing it for sometiuIC as an experiulent. And not even tile crnzy people in California will do it and you know how water starved
tlleY are.
DR. RAIA: john, wllere I'm from, ii's not unusual to go down 4110 reet to get well water.
MR. PETTY: Well, absolntely.
DR. RAIA: I'd hate to think tInt somebody's on potable water right next door to my well.
MR. PETTY: What is suitable for imgation seeps iuto onr waler table and goes into our water supply. DEP has adopted
the process here !bat this is not out of sight. out of mind and, therefore, our water qnality. drinking watcr quality applies. What !bat
means is the golf course is still looking for a water supply and Pelican Bay is still wOlking to protect its freshwater bubble under
Pelican Bay during the diy season. We would like your couceptnal approval to start working witl1 tIle staff at the golf course.
wbicb is Bob Bittner and the manager of the club and their group to come back to you at a later day with a project consideration.
Because we are vcry much interested in maintaining tIle freshwater bubble under Pelican Bay and as wc've descnbed to you in the
past, we have a semi-loop system. Our water managefilCnt system retains water in Pelican Bay. And we push it down to the
aquifer. The discharge to Clanl Bay is kept to an absolute minimum. Evcrytbing is pushed into the aquifer first.
MR. IAZZO: How is it pushing?
MR. PETTY: It is done by the berm and the control buards and the weirs. We're basically holding it back so !bat it seeps
into tile official aquifcr. We would like to do that dm1ng tIle wet season. Unfortnnately, we don't have any water to create !bat
PUSll We're losing water dnriug the diy period. So if we could wOlk with the golf course on tIlis capability of barvesting a usable
irrigation supply, wlletIler it's from tIle storm water system or tIle effineut reuse capabilities, storing it solnewllere on-site and then
recharging Pelican Bay's official aquifcr witl1 it during winter season, we think !bat would he a favorable addition to our water
managemeut plan. We'd like to consider it. If you give us conceptual approvaL we'll start the talks. We won't spend any money,
of course. until we come back.
MR. IAZZO: What's the potential on the money expenditures'! And where's tIle site going to be'!
MR. PETTY: Well, the potemial, of course. is whatever you give me the latitude. you know l'II spend it. I mean, you
give me two bucks. I'll spend tI1ree.
DR. RA IA: How many gallons would they be planning on putting in tIle ground?
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MR. PETTY: They're looking for as much as a half a nriUion gallons a day that t11Cy'd like to have for irrigation. Now.
wben that comes to how much can you harvest from the storm water system which basically has billions of excess gallons per
summer. it's not a big deal there. Where can we store it? Eitller in cOlupletion ofUIe deep wells is one OptiOIl As you-all know.
the utility site has space and was designed to store irrigation water.
MR. IAZZO: That would be on thc 12 acres that belongs to the countY?
MR. PElTY: Yes, sir. You may recall, we just came to a detemlinalion witl1 tI1e county manager on how we are
overseeing everything that the county is not using which includes the old irrigationallagoon
MR. IAZZO: I would hate to reinforce sometlling!bat we've been fighting for a long time and create a deep well right on
tIleir property.
MR. PETTY: 011, no. sir. The deep well !bat we would consider is the one that the golf course has already started off
that property. What we may want to consider is the possibility of utili7jng that old space that used to store water !bat no longer
does.
DR. RAIA: A half a million gallons per day isa lot of water.
MR. PETTY: Oh. yes, sir.
MR. RAlA: What kind of a tower are you going to build? How do you store it?
MR. PETTY: Sir. this is more about a loop system which means all you havc to do is prime the pump once and then it
re-drenlates. So really alII need in tIlCOry is a half a nliUion gallons. TlUll's all. Now, I start off with a half a million gallons and I
put it down as an rogation pattern over the golf course. it seeps into the ground, COfiICS ont to the west side of the benn. You pick
it up again and put it back thmugh the lJead wOlks. Saves a half a million gallons. So a closed-loop systcm is actually
recommeuded and advertised by South Florida Water Management District as the preferred rogation metl1od, maximum preferred.
Tlris is the best you can possibly do in tIleir minds. We have a scmklosed loop, hut we do allow the water to bleed off. Dnriug
the sununer. we don\ capture it. So we add to our capabilities, I think it's a plus.
DR. RAIA: One of tI1e things we were being held ransom on when we had talked abuut annexation and what-have-you.
was the county. they would deprive us of effluent water. Would they be interested in assuring !bat we share !bat water if
something was to move in the direction of annexation?
MR. PETTY: I think the suggestion I'm bringing to tI1e table, sir, is that this would be an addition to our South Florida
Water Managemeut District pennit. So that tIris would be under our responsibilities and our direction and not subject to the utility
7532
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16/1A-1y,
district. which has its own set of criteria and rules whicb sometimes wc are in conllict with politically. This would be in-house.
CHAIRWOMAN WOMBLE: [believc Marcia Cravens would like to have a say. Marcia, just sit WitIl tIle microphone
in your lap why don~ you.
MS. CRAVENS: Yealt Malcia Cravens. Please tell me whether or not this would be considered a wastewater treatmeut
facility. I'm a IittIe wary of tI131. I know tllCre's been sonle talk abuu\ potentially some wastewater treatments and this whole water
sl1ed kind of situation with storm water runoff and. you know. all kinds of water problems ,vith our neighbors to the soutb. I have
heard at least one proposal !bat tllCre be some wastewater treatment that would be involved in Pelican Bay. I tIrink you know wlUll
I'm taIking abont.
MR. PETTY: Madam Chair. slle is bringing to miud solne diseussions at otller connty meetings at otller places like Clam
Bay where it was discussed to treat tIIC water quality issues to the bay to our south that such PRljects as aquatic plantings. oyster
beds, et cetera, which are basically a saltwater tI1eory of treating polluted waters to be utilized in Clam Bay. This is not related to
!bat at all. We are not looking at any additional retention areas which is how we treat tIle liEsh water in Pelican Bay nor are we
looking at taking anybody's additional runoff for outside Pelican Bay. TIris is all witIun our pennit. And all we're looking to do is
basically put ourselves anotIler couple of steps ahead of al1)' other neighborhood on water management and tIIC treatmeut thereof.
In other words. we're going to make better water quality in Clam Bay and the receiving water bodies by going !bat one extra step
by closing tIle loop as much as possible.
CHAIRWOMAN WOMBLE: It's reCJ'cling is really what it is.
MR. PETTY: It is reaching that lughest level of efficiency !bat you possibly can witl1 a closed-loop system. As I said,
we have a partially closed system. The only thing we don~ do now is capture or harvest tI1e wet-weatl1er disehaIge. If we do tI1at
and hold onto i~ we're basically becoming tI1e hest possible water lnanagers tI13t we Call know how to do right now.
MS. CRA YENS: Is this related to an e-mail communication back in January of about a new water management district, a
quasi-govenmlCntal entity?
MR PETTY: It is not.
MS. CRA YENS: Is it related to !bat?
MR. PETTY: It is not. I think what you're referring to, if I may. Madam Chait'? Sony.
CHAIRWOMAN WOMBLE: Go ahead.
MR. PETTY: In tI1at diseussion wben all tllCse projects were unveiled by G.uy McAlpin, I suggested to the countY
7533
Pelican Bay Services Division Meeting
Ammst 12. 2008
1611A-1(p
adnnnislJ3tor!bat if he wished to have a bigger picture for Clam Bay. !bat be may want to try and promote a separnte special taxing
district overlay versus utilizing tile limitations of Pelican Bay and tI13t gets tIle broader group to discuss tIle items. Now. tbat
would have to go through a public bearing process, but !bat is not what I'm discussing at all. This has nothing to do witl1 Clam Bay
otIler tI1an it would promote the water quality efforts of the last 25 years and take it a notch or two up.
MS. CRA YENS: Okay. Thank you.
MR. PETTY: That would be our intent Madam Chair. So if we could get !bat conceptual approval from you-all today.
we will start tllOse talks. We will not commence until we bring a progranl back to you and you approve it.
CHAIRWOMAN WOMBLE: Do I have a motion on tI1e floor to approvc tI1e talks go forward?
DR. RAlA: So moved.
CHAIRWOMAN WOMBLE: Second?
MS. ALVAREZ: Second.
Dr. Raia moved seconded by Ms. Alvarez and approved unanimously to
direct staff to move forward wff:h talles wff:h management and staff of the
golf club on the capability of harvesting a usable irrigation supply to
recharge Pelican Bay's official aquifer.
~---------~---~--~
CHAIRWOMAN WOMBLE: All in favor? Aye.
CHAIRWOMAN WOMBLE: Opposed?
(No response.)
MR. PETTY: Thank you. ma'am
AUDIENCE COMMENTS
CHAIRWOMAN WOMBLE: No. Thank you. All right It looks to me as though there are 110 hands up. None of you
are reaching for your nricropbone except Ted has his hand on one.
ADJOURN
DR. RAlA: No. I was going to make a motion to a<\joum. I move we a<\joum
Dr. Raia moved seconded b.v Ms. Alvare;; and approved unanimously to adjourn the
meeting.
7534
1611A-l(P
DR. TED RAIA ASKED THAT THE FOLLOWING BE GIVEN TO ALL BOARD MEMBERS
REGARDING THE PBSD MEETING ON 71212008.
Please put on the agenda to discuss the Waterpark Place non-compliance with the SFWMD drainage
permit. I would like the [ollowing statement to be included in the packet to the Board, thanks:
The PBSD has the responsibility of administering the SFWMD drainage plan in Pelican Bay
for the county. The development at Waterpark Place is required to have no more than 46%
impervious land area. The present plan has 81.9% impervious and the Board through Mr.
Petty has advised the county staff of this non-compliance. With no further communication
the county staff approved Waterpark Place on the grounds they had a prior approval for the
original Cap d' Antibes. Since the current plan has 0.66 acres less impervious than the
approved original plan there is no need for further approval. However, the original plan was
never submitted to the PBSD Board for review. In stead Jim Ward. the administrator at the
time, sent an approval letter directly to the county staff. Current calculations show that the
original plan was 86% impervious therefore; it is possible that Mr. Ward erred in the
calculations in sending his letter. Incidentally, Mr. Ward was in the employ ofthe developer
at the time the plan was submitted. This issue is particularly important at this time since the
SFWMD drainage plan controls runoff and pollutants entering the Clam Bay Estuary.
Concern over the hydrology of the estuary has the possibility of incurring significant
expense for Pelican Bay and the county if we fail to meet the regulatory standards.
An important meeting will be held at the local offices of SFWMD (S.W. corner of the
intersection of Golden Gate Pkwy and Airport Road) at 9:00 on Tuesday, July 15th
2008. The sole topic of discussion will be Pelican Bay's SFWMD permit and the
Waterpark Place project in particular. Mr. Petty has done a commendable job in
pursuing this issue for us and will be attending this meeting. Please decide if we
should notice the meeting and have others attend.
Pelican Bay Services Division Meeting
Anl!Ust 12. 2008
16;f 1 A-ICp
CHAIRWOMAN WOMBLE: Thank you.
MR. PETTY: Thank you.
11lere being no furtherbusincss tIle Inceting was adjoumed by omerof tllC ChairwOImlll at 2:50 p.m
PELICAN BAY SERVICES DIVISION
~--~
.. ~~-
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, lNe.. BY CAROLYN 1. FORD,
RPR FPR AND FORMATTED AND EDITED BY MARY MCCAUGHTRY. RECORDING SECRETARY, PELICAN BAY
SERVICES DMSION.
7535
PELICAN BA Y ADVISORY COMMITIEE
MINUTES - SEPTEMBER 3. 2008
Naples, Florida
1611~~~~j~~
Henning 'I J /
Coyle
Coletta r(f^ ---/
./
LET IT BE KNOWN. that the Pelican Bay Advisory Committee met in Regular Session this date, September 3,
2008 at 1:00 p.m. at the Hammock Oak Center, 8960 Hammock Oak Drive, Naples, Florida. 34108 with the following members
present:
Mary Anne Womble, Cbairwoman
TedRaia
Annette Alvarez
John Boland
M. James Burke
John laizzo
Michael Levy
Absent: Ed Staros and Robert Pendergrass
Also Present: Mr. John Petty, Division Adorinistrator. Pelican Bay Services Division; Ms. Janice Lamed, District Offices, LLC;
Mr. Kyle Lnkasz, Field Operations Manager, Pelican Bay Services Division; Mr. Tim Hall, Turrell, Hall and Associates. Inc.;
Mr. Jim Hoppensteadt, Pelican Bay Foundation; KatI1y Worley, Conservancy; Mr. Doug Finlay. City of Naples; Mr. Tom
Cravens, Mangrove Action Group; and Mary McCaugbtry, Recording Secretary. Pelican Bay Services Division.
AGENDA
I. RollCall
2. Approval of Minutes of August 12,2008 Meeting
3. Audience Participation
4. Administrator's Report
Budget Public Hearing
Administrator' Contract
5. Committee Reports
Clam Bay/Government Relations
Status of Permit (Dr. Raia)
Status of Navigational Signs and Addrnon ofWaming Signs (Dr. Raia)
Budget Committee
None
6. Chairwoman's Consideration of new Vice Cbair
7. Clarification of Position of John Petty vis-a.-vis tbe Organizational Cbart for CC (Dr. Raia)
8. Capital Projects
Update on Myra Janco Daniels Blvd. Median
Update on Vanderbilt Beacb Rd. Bollard Lighting
Estimates for Crosswalk Myra Janco Daniels Blvd.
9. Community Issues
None
10. Plan Reviews
None
I I. Committee Requests
12. Audience Comments
13. Adjourn
Misc. Corres:
ROLLCALL
Date:
Mary, would you do tI1e role call?
Item #
7536
Pelican Bay Services Division Meeting
Sentember 3. 2008
1611k'"
MS. MCCAUGHTRY: Absolutely. Let the record reflect all members present with tI1e exception of Mr. Staros and Mr.
Pendergrass, but we do have a quomm.
APPROVAL OF MINUTES OF 8/12/2008 MEETING
CHAIRWOMAN WOMBLE: All right. Next on the agenda is the approval of the minutes for August 12th. Does
anyone bave any amendments, editing, comments? I have one small thing to start witb. I might bave just croaked it. but I believe
I said "day" wben you all decided that I was going to be cbairperson. I believe tI1at looked like I said "aye". I don't believe so.
Mr. M. James Burke moved, seconded by Dr. Ted Rala, and unanimously
approve the Minutes of the August 12, 2008 meeting subject to the above referenced
changes and/or corrections.
---~-- ----- -- ---- - - - -- ----~
AUDIENCE PARTICIPATION
CHAIRWOMAN WOMBLE: We bave the agenda on the table over near the water and coffee. If anyone is interested
in taking a look at it, right now would be a good time for you to quickly scan it. and if anyone bas something they'd like to discuss
or bring to our board, please now step to the micropbone. give us your name and where you live in Pelican Bay and we'd love to
hear from you. Don't you all msb up there at once. Where's Marsha? Okay. Mr. Petty, would you commence tbe adorinistrator's
report, please?
ADMINISTRATOR'S REPORT
MR. PETTY: Yes, Madam Cbair. Tbe first item under the adorinistrator's report is the status of the public hearing for
our budget that the board approved. The Cbair and I will be attending tI1is meeting at commission chambers tomorrow rright at
5:00 p.m. This is a standard public bearing process. Since we do special assessments, tI1ere is a public bearing requirement. It is
done in two parts. You adopt the budget and tI1e assessment. Tbe budget is almost identical to wbat you all approved. As you
know, it does cbange sbape in getting in line with tI1e county's fonuat. The only thing that I bave to report to you of any meaning
is tI1e TDC money !bat we're trying to stay away from because it has very strict requirements in bow it can be spent. Otherwise,
we'll take whatever gratuity we can get. But, because of its strict requirements, we have no expense this year that we think will
apply. So, tI1at wasn~ in tbe budget that you approved. The county budget office went ahead and put it tI1ere tI1inking, well, of
course. you want the money. We appreciate the effort, but we'll be asking them to approve the budget without that dollar amount.
It does not affect our assessments. So, that's tI1e only thing I bave to report on tI1at.
CHAIRWOMAN WOMBLE: Okay. And as you see it, it looks as though our budget will be approved pretty bandily.
7537
Pelican Bay Services Division Meeting
September 3. 2008
1611k'C,
MR. PETTY: I see no reason why it should not. I talked with staff. Of course, we still have the issue of tI1e new
committee on Clam Bay. This board has already indicated that we'd like to keep tI1e budget intact for now and discuss any
cbanges at a future date depending on how the new committee is formed and wbat their responsibilities are, et cetera.
So, with
that in mind. the only question we may be asked tonight is bow will you handle any duplication? And our response is that we left
the budget alone so that we could maintain the mangroves. We didn~ want to drop maintenance before any new group is
appointed to take responsibility because tI1e mangroves are such a great concern to us and, therefore, once we do see duplication,
we'll discuss how we can transition at !bat time.
CHAIRWOMAN WOMBLE: Okay.
MR. PETTY: The next item on my list is tI1e administrator's contract. This is something that the board bad discussed. I
tI1ink. back in Mayor June. and you extended my firm's contract for another year. At tI1e time. it was also discussed whetl1er next
year we would go out to competitive bidding on tI1is issue and take it out of the purcbase order range. Currently we're under a
purchase order criteria in the county, which is wbere you go out and you get two or three quotes and you make your decision
based on tbe quotes. Going out for proposals is wbere you do it either by qualifications or by price or a combination of botl1.
Now, if you recall. we did that a year and a half ago. Basically, it was Severn Trent and my firm competing for the position. I
think tI1e Chaiunan, wbo bas resigned lately, committed tbat he would be looking into it and be presenting !bat for consideration
to you all in May so tI1at when the contract renewal period was up, that you would be looking at going out for RFP. We've been
in discussions witl1 the purchase order division of the county wbo tI10ught it was goiug to bappen September lor, excuse me.
September 30tl1 tI1at tI1ey would have to have a new contract because the existing purebase order basically stops at the end of the
fiscal year and October I tI1ey have to write it anew. They thought we were going to go to competitive bid at that time. I told
tbem that was not our understanding of it, and we sent them a copy of the minutes of that meeting, and told tI1em tI1at I'd be
bringing it up for your discussion. and subject to tbe inteutions of this body, we can do a number of different issues. We can stay
on tI1e purchase order systems, we can go out for competitive bid, we can invite the purcbasing department over here to talk abuut
tI1e various characteristics ofbotl1 processes, whatever you'd like to do. What I didn't want to have done is that you bave to make
tbat decision today on a matter that bado~ been brought to you for consideration. So, you have time now. So, subject to what you
all want to do. we can discuss it at any meeting you want. Madam Chair, I have one otl1er issue, and tI1at is for those members
tI1at have left, our Chairman and Mr. Domenie, we have plaques commemorating their hard work, and we'd like to pass those
around sometime during the meeting just so you can get a look at them and we'll be sending tbem on to those board members.
7538
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1611klv
This is a typical tbing that we do when board members bave served.
COMMIITEE REPORTS
CHAIRWOMAN WOMBLE: I'm glad you did that. Okay. Do we have any committee reports on Clam Bay and
Government Relations? And, Dr. Raia, that's you.
DR. RAIA: I followed the direction of tbe board to meet witb Commissioner Henning, tbe Chairman of the Board of
Commissioners, and discussed the situation of the resolution, the ordinance or resolution that was passed, authorizing us to go for
a five-year permit, and the problem we're baving with Mr. PettY being told not to move with it. His first impression was there
must be some mistake. He had understood that Mr. PettY did answer directly to us and not to tI1e county administration, and he
was going to look into it. He ratI1er left it up to us. And I think we have to do two things bere. First, I tI1ink tbat we sbould
definitely move ahead with securing a five-year penn it. So, I would make that motion at tI1is time tbat we move to secure tI1e
five-year permit because tI1e one-year extension was really to give us the time necessary to obtain that pennit and we're losing tI1at
precious time. So, my motion is that we move ahead to secure the five-year penn it. Now we need a second.
CHAIRWOMAN WOMBLE: Do we have a second?
MR. IAIZZO: Before we go into that. .. ... .... ....
DR. RAIA: No. Could you second it and then discuss it?
MR. IAlZZO: I'll give you a second.
DR. RAIA: Okay. It's on tI1e table. Fine.
MR. IAIZZO: All right.
CHAIRWOMAN WOMBLE: Ted, give me your reasoning. I thiuk I know tI1em but I would like tbat put out.
DR. RAIA: We don~ know what lies ahead. iftl1ey're going to bave tI1is committee, wbat the committee is going to do.
We do know tbe establisbed need to care for tI1e mangroves in Clam Bay. That was tI1e purpose of going for a ten-year pennit
and we settled on the five-year pennit. The commission bas agreed to it. They autl10rized it. I just feel personally that we sbould
move ahead and perfonn iliat. Now, there sbould not be any conflict witl1 anything else anybody else wants to do. If they do go
for a more extensive pennit later on, they can tack it on to our pennit if they so cboose or complement it as long as there's no
duplication. It could be bandied. I really don~ tbink there is any need to interpret this as a conflict. We bave an obligation to
care for the mangroves and I tI1ink this is the only way to do it, to get tI1is pennit.
MR. LEVY: This is a permit just to take care of the mangroves in Clam Bay?
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DR. RAIA: Tim, would you want to elabomte on the essence oftl1e five-year permit"
MR. HALL: Tim Hall, Turrell. Hall and Associates. Originally, the plan was to submit for a new permit that essentially
mirrored the permit that we have now. And in the case oftbe management plan that's been drafted for that application, that is
wbat the purpose of tI1at docwnent is. is really to mirror wbat we're doing now. And that includes maintenance of the mangroves
through maintenance of tbe hydrology, whicb incorpomtes activities at tbe pass within the cbannels going through the system and
tben the hand-dug cuts within tbe mangroves tbemselves. That could be modified either more encompassing or less
encompassing, depending on what tI1e board decides !bat tbey want to do. But I think, you know, the bottom line is that in taking
care of the mangroves, the hydrology is the bottom line. So, tI1afs where it appears some of the conflict is coming in. is tbat the
management plan tI1at I drafted includes activities at the pass as necessary. And I think tI1at's wbere tI1e CAC and all has some
issues witb potential jurisdiction as to who should be doing tI1at.
MR. LEVY: You say the water. You're referring to the water quality as well? Testingtbe water, you know?
MR. HALL: Testing tI1e water quality is actually a requirement of the Water Management District permit, and tI1e stuff
tI1at we're doing as part of our annual reports is incorpomting tI1at and tbat's being done for anotl1er permit. you know. in with the
annual report that we do. So. whetl1er tI1is permit expires. regardless, tI1ere are still some water quality monitoring requirements
tbat are part oftl1e Water Management District.
MR. LEVY: Tim. were we told, by tI1e people that we get the permit from, bave we been told that we can just continue
doing this? Do we really need anotl1er permit? We canjust keep going and doing this.
MR. HALL: There are stipulations in state law under regulatory guidelines that allow for maintenance of ongoing
activities to be exempt from permitting requirements as long as tI1ey meet certain criteria. So. us dredging some of the interior
channels would be exempt. We wouldn't need a permit for that as long as we take the material that we dig out and put it on some
contained upland site. The problem we bave is witl1 all ofthe little hand-dug cbannels in tbe mangroves, wben tI10se are dug, tI1e
material tI1at is dug out of them is broadcast to the side. It's not removed to an upland site. So, tbat activity does not qualifY for
the exemptions. So, in order for us to keep maintaining those little channels the way we have been, you do need a permit for
that.
MR. BOLAND: Tim, the permit tI1at you talk about right now, I think I'd asked for an extension. What is your actual
authority for opemting, you know, maintaining the Clam Bay Pass right now; the permit tI1at we're on now or tI1e permit we were
getting?
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MR. HALL: Tbe permit tbat we have rigbt now and the one-year extension allows us to continue witb tI1e activities tI1at
we bave been doing.
MR. BOLAND: Oh. okay.
MR. LEVY: And, for tI1e past nine years.
MR. BOLAND: And when is !bat lease up?
MR. HALL: That's good until July of2009.
MR. BOLAND: That's good. Until July of next year. Thank you.
MR. IAIZZO: Tim, tbe question here is that when we submit our permit and they review it and tI1ey look at what tI1e
county wants to do and review it, and they see conflicts, wbat's going to happen because we're doing tbe same thing in some
areas? And who's going to waive on those assignments?
MR. HALL: I don't tI1ink I can answer that question. I would say tI1at in terms of the scope of tbe permit, that the
minimum tI1at I tI1ink bas to be done is to get a permit to coutinue maintaining all of those little cbannels ,.;tbin the mangroves.
That I believe is an absolute necessity because you see how the storms are lining up. Those tbings could get clogged up. We start
getting flooding back tI1ere in tbe mangroves.
DR. RAIA: And that is included in the five-year permit?
MR. HALL: That would absolutely he included.
DR. RAlA: All right.
MR. IAIZZO: And that's not a problem witl1 me, but wben the county wants to do the same thing, do we have to go to
them to get approval or Tallahassee's going to give us the approval? Because they want to cut channels as well, and we've been
doing it all tbe wbile. so there's nothing to cut. You just bave to maintain it. Now. how is that going to be handled?
MR. HALL: The current permit allows for cutting new cbannels iftl1e need arises.
MR. IAlZZO: If tI1e need arises?
MR. HALL: Yes. And that's based on our annual reports and the time we spend out tI1ere to see if water is pooling in
some areas or starting to come back up in some areas. We're allowed to dig additional cbannels to help the water flow.
MR. lAlZZO: Iftl1e need arises, we can cut new channels. Do we just cut tI1em, plus we have tI1e permit, or we have to
buw down to tI1e county before we cut tI1em?
MR. HALL: In tI1e past, no. We've just cut them.
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MR. IAIZZO: Okay. So, in effect. we could bave two concurrent maintenance procedures for tI1e mangroves; one
specifically in our area of Pelican Bay, and I can imagine the other area is going to be heavily maintained by tI1e other committee
and tbe cost will come out oftl1eir pockets. How is that cost going to be spread out?
MR. HALL: I mean. ifs dependent upon wbat tI1is board decides to take on as its responsibilities, you know, quite
bonestly, and tI1e costs associated with that. If there are conflicts witb otber departments of the county, because you guys still a
county entity. If there are otber entities in tI1e county that have conflicts, I mean, my guess would he tbat tI1ey would come here
first to voice tI1ose. and tI1en if tI1ey didn't get the resolution they wanted, tbey would probably make tI1eir comments known to
their reviewing agency. So tI1en. it would be up to the agency to determine bow that would work.
MR. IAIZZO: Can we sit down with the other committee and draw the lines of who's going to do what so tI1at we can
nonnally spend the residents' money on areas of Pelican Bay? I mean, can we sit down witl1 some of the group and work this out?
MR. BURKE: I'm sure you can, Madam Chair, I'm going to make a suggestion. And I read tbe minutes from tbe last
meeting and we bad the same discussion over and over. On the ninth. next Tuesday, the Board of County Commissioners is going
to vote on a new ordinance creating the new Clam Bay -- whatever it is - estuary committee, advisory committee, okay. One, we
don't know whether tI1ey're going to pass it or not. but we're sitting here making decisions. John's been visualizing two teams of
cutters coming tI1rougb tI1ere, carving different channels. We don~ even know iftbe ordinance is going to pass.
Also, it
could very well at tI1e next board meeting invalidate tbat proposal tI1at Halas made about a five-year permit to maintain
mangroves. A simple vote to do it. The point is, we don't know. so we can sit here all day and talk about who's going to bow in
front of wbo. who's going to have responsibility for cutting cbannels, etc. My suggestion is we put this off until we fmd out what
bappens next Tuesday. Ifthe ordinance passes, iftbey change it, and tbat would be my suggestion. To do anytl1ing ahead oftl1at
would be counter productive.
DR. RAlA: Madam Chairman?
CHAIRWOMAN WOMBLE: That sounds logical.
DR. RAIA: I don't know why we're dealing iu all of tI1is conflict. There is no need to be any conflict. I dou~ know
wbere tI1is is coming from, unless tI1ey're going to come out and get a different consultant otl1er tI1an Tim and this consultant is
going to want to do sometl1ing different. And I really dou't see tI1at bappeniug. Again, I fee' that there is no reason wby we don't
proceed to take care of our own part of tI1e Clam Bay and tI1e mangroves as we've done in the past, and we've done it very
successfully, and continue that. The only confrontation I can see is if we would put it in tI1ere, tI1ere will be no navigational signs.
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Tbat could be the only seed for a confrontation. We're willing to cooperate witb anytl1ing tI1ey come out mtb within tbeir permit.
But I feel strongly we should move ahead and not back down now from taking care of it, if we leave tbe void tI1ere. it's going to
he filled. And we have tbe experience. We know what we're doing. I say we move ahead.
CHAIRWOMAN WOMBLE: I understand what you're saying, and I tbink tbat your heart is in tbe right place, and I
think you are as passionate about tbis as I am and, I tbink, tI1e rest oftbe board. But we are tbe stewards of Clam Bay because the
County Commissioners, way back when, gave us tbat stewardship. Weare still tI1e stewards because tI1e present day
commissioners have given us tbat rigbt. It's really up to tbem to make a decision as to wbere we stand and what tbey're going to
use us for in tenus of Pelican Bay and tbe area tbat we're concerning ourselves witb. So, I bave to agree mtb you tbat I tI1ink we
should go forward, but I also have to agree tbat, logically, we need to find out where we stand. And you were asking earlier. how
do we do tI1at? And so was John laizzo. I tbink, really, it would be pmdent for us to wait and see wbat tI1e governorship of our
county comes up with.
MR. BURKE: Madam Cbair. I would suggest we schedule a meeting for next Wednesday tI1e day after tbey bave tbeir
meeting.
MR. IAIZZO: Before we do tI1at, before we break, we bave a motion on tI1e table right now.
CHAIRWOMAN WOMBLE: Well, we're discussing it.
MR. BURKE: Yeah. We're in discussion.
CHAIRWOMAN WOMBLE: Tbat's wby you seconded it very kindly.
MR. PETTY: Madam Chair, I don~ know that we would need a meeting immediately following. I don't know tI1at tbere
is anytl1ing that we would drop tbe ball on. I tI1ink you bave time to consider a meeting any time after the commissioners'. That's
subject to the pleasure oftbis board. The only item I will bring up to you in discussion ofthis matter has to do witb tI1e ordinance
I received a copy of and I gave to you all before. And a suggestion to you would be that an emissary from tI1is group go to that
commission meeting expressing tI1e idea tbat we are very proud of our past work witb Clam Bay, and would certainly accept any
future work on Clam Bay. The one issue tbat you may not he able to support is on Page 2, wbere it says tbat PBFD will be a
member oftbis new group. And we talked about bow problematic tbat would be for one member to try and represent tbis board's
voice without coming to you for a vote first. That puts you in a bad spot where you're sitting there with the new committee and
you decide wbat is right for Clam Bay. and you come back bere, and tbe rest of tI1e board decides tI1at you didn't do tbe right
tbing, it's difficult. So. by going tbere and saying tI1at you're proud of your work, and be glad to take it on in tbe future, if that's
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what tI1e commissioners decide, but the ordinance, as written, you would respectfully abstain from being considered for the new
committee because oftl1ose issues. but that you will be going to the meetings to talk, is sometl1ing that you might want to consider
today.
MR. LEVY: Well, this ordinance doesn't address what the commissioners' did back in Mayor April when they
approved us to go ahead and put in again for a five-year permit. Tbis doesn't address tI1at at all.
MR. PETTY: No. sir. Nor would it. That is. you're basically looking at a procedures issue of tI1e County
Commissioners, and they are self-governing, which means they are their own judicial overview. As Mr. Burke correctly said, it
just takes a simple vote to change tI1eir minds. So, if they wisb to change their minds, tbe vote does it. There is no other process
that is required other tban tI1at for this type of an argument.
DR. RAlA: Sbould tbat be on tI1e agenda though to entertain that? Somebody wants to vote that. . . ... . . .
MR. PETTY: It may be something that you may reasonably expect them to talk about. but they are not required to. I.
myself, don~ know wby they cbanged tI1eir minds and I'm curious to know why. but I don't see any reason or any requirement tI1at
makes tbem discuss it.
MR. BURKE: Weren't you at that meeting?
MR. PETTY: I wasn't. I was at tI1e meeting where they approved it. I was not at one of those meetings wbere. I tbink,
they got started on change.
MR. LEVY: But tbey just said tI1ey wanted to set up an advisory, a new committee that was made up of all tbe
stakebolders and this started off with tbe cbaunel markers, because tI1ere was a lot of discussion about the cbaunel markers.
MR. PETTY: It started off a long time ago. The channel markers are just tbe latest and greatest.
MR. LEVY: Okay. But, I mean, there was no talk at that time about that, their prior motion or wbatever they approved
us to go ahead with.
MR. BURKE: Yes there was. Commissioner Henning brought it up.
MR. LEVY: He brought it up but they didn~ do anytl1ing.
MR. PETTY: Madam Chair. I tI1ink what we're looking for. isn't there a procedure to pull back one direction before you
start anew? And as Mr. Burke correctly said, all they need to do is take a vote. Weare of in a similar situation where wben we
cbange our minds on an issue. it's a simple matter. We approved tI1e budget of $750,000 at one meeting. At tI1e next meeting with
new information we cbange it to 500. We don~ have a procedure where we negate wbat bappened at the last meeting. So. that's
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basically what happened. I was at the meeting where they did adopt this and gave direction to staff to come back with this. and I
believe that was very clearly tI1eir intent. So, I don~ see a procedure tbat they missed, but I see nothing wrong in us sending an
emissary saying that we're very proud of the work that we bave done, and stand by. ready to service Clam Bay if that is tbe
direction of commissioners, who bas also said by the chair is absolutely correct. We have been taking care oftbis area by tI1e
direction and tI1e authority of tI1e County Commissioners, and tI1at is tI1e only way we could possibly do it in tbe future as well.
Under our current circumstances we need tI1eir autbority to do tI1at. And, iftbey decide tbat anotl1er group is the better course of
action, we may not like it, but I don't know that we have much to do but to follow it to the best of our ability.
CHAIRWOMAN WOMBLE: There's no recourse.
DR. RAIA: I'm not convinced from what I hear not to proceed witb getting this permit. It will definitely keep us in tI1e
game. Telling the commissioners tI1at we cannot bave anybody ou tbat committee because they won~ be able to represent tI1e
wbole board is bardly an argument to keep tI1e status quo. I think we ought to get that permit. We would have an opporturrity to
monitor tbe mangroves, at least for five years, and then bide time in tI1at five-year period to see wbafs going to happen. I believe
tI1e commissioners bad ample opportunity, since April wben they passed that. to have rescinded it. They baven't rescinded it yet.
Why are we waiting in anticipatiou for them to rescind sometl1ing? We don~ bave to, it's not our responsibility to do that.
CHAIR WOMAN WOMBLE: Tim, when is your contract up with our board?
MR. LEVY: July. I think.
MR. HALL: No. Actually, l think our contract is up at the end of this fiscal year. September?
CHAIRWOMAN WOMBLE: September 3Otb. So, Ted, part of this is, if we go forward, we're paying Tim and bis
associates to work on this for us.
DR. RAIA: That's right.
CHAIRWOMAN WOMBLE: And if we don't bave tI1e right to be doiug it because tbe commissioners have the right to
say yea or nay to our permit to start witl1, we're going into money that we're spending that the county should be passing off to the
entire tax... .....
MR. IAIZZO: Madam Chair. make it contingent on the fuets of that we can continue.
DR RAlA: Well. first of all, tI1e principal of it. it is our money. Thafs one reason for doing tI1is. To leave tI1e money
there because the county wants to use it tbeir way, l really can~ accept that so easily. Who's going to pay for Tim after October
1st? Are we going to usetl1e, is it PBS&J, and is it going to he...............
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Pelican Bay Services Division Meeting
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MR. BURKE: We will pay them. I'm seventy-five percent assured. Jobn, I don~ understand, you're problematic about
Mary Anne being on that board. it suits your purpose fine. but I can almost assure you tI1ere's not going any cbange in mangrove
maintenance. I don't know if anybody has talked to Tim yet. but why would you go out and get somebody else to do it? And tbeu
when we talk about mangrove maintenance, it's all Tim. It's none of our employees. Am I right, Kyle?
MR. LUKASZ: Yes.
MR. BURKE: I mean, we do a little bit. So, Tim is a recognized expert. He's the guy tI1at will be tI1ere. There will be
no noticeable cbange. And in my mind, I don~ believe it's problematic to bave Mary Anne on that new committee. In fact, I tbink
it would be beneficial. And tI1at would be our voice.
MR. IAIZZO: Jim. are you saying that Turrell and Associates is going to be picked up by tI1e new committee?
MR. BURKE: I can't guarantee it, but who are they going to use, I mean Tim. bow long bave you been doing it?
MR. IAIZZO: That's what you just said though.
MR. BURKE: I said I'm seveuty-five percent assured, Jolm.
MR. WZZO: All right. I wouldn~ make any statements unless I was sure.
MR. BURKE: Tim, how long, weill just made it. Tim. how long have you been doing tI1is?
MR. HALL: We started working on it in 1998.
MR. BURKE: Okay. Tim. I think you've earned your stripes. This board will speak for you.
DR. RAIA: Why don't we speak right now?
MR. 1A1ZZ0: Well, there's still a motion on the table. I would say we sbould amend that motion so that in case it does
get pulled out from under us totally, I mean tbe carpet, pulled from under us. you know, where we're out of tI1e picture. then we
have to write that contract such that we're protected.
MR. BURKE: But tbat's going to be done next Tuesday. I mean, what about tI1is don't you understand? Again, iftbey
pass that ordinance.........
MR. WZZO: There's no guarantee. You can't give any guarantees, Jim. You're just like John.
MR. BURKE: Read tI1e ordinance.
MR. IAIZZO: I read it. I'm upset about the ordinance.
MR. BURKE: So am l.
MR. IAIZZO: What it states and I'm almost convinced at tI1is point that that committee hasn't eveu been formulated yet.
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Pelican Bay Services Division Meeting
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John, has it? PettY.
MR. BURKE: It's all spelled out in there.
MR. IAlZZO: Has the committee heen fonnulated?
MR. PETTY: Madam Chair. with your pennission?
CHAIRWOMAN WOMBLE: Please.
MR. PETTY: It has not been fonned. The ordinance is being considered by the County Commissioners at tI1eir next
meeting. The fonn, whether it will change or no~ I can't say, but it will be up for consideration.
MR. lAIZZO: I would like to pass on to the commissioners the message that we want to work hand and glove with the
new comnrittee on Clam Bay so tI1at we can best define bow to proceed witb the continuation of Clam Bay.
MR. BURKE: Now you're talking.
MR. PETTY: Madam Chair, if I may?
CHAIRWOMAN WOMBLE: Please.
MR. PETTY: Tbe issues concerning Clam Bay bave been witl1 us in tI1is fonn in this fashion for well over a year as
contention after contention has been raised. We found ourselves celebrating the success of Clam Bay and tI1en being accused in
tI1e media of degrading the water quality of Clam Bay almost in tbe same week. I've looked at tbe bistory and tbe reports and I'm
very proud of what Pelican Bay bas done in Clam Bay over the last ten years. I consider it to be an urban mirror. I don't know of
any otber community in this country tbat bas accomplished what we have in Pelican Bay. I do not suggest tI1at you work with this
new group band in band. You have done great work for ten years. You have proven to he genius stewards of mangroves. We are
now to a management period, a maintenance period of the mangroves, and tI1e county has an ambition to do bigger and better
tI1ings with tI1e bays. I think all oftl1e people of Pelican Bay sbould keep a watchful eye on these new ambitions. I see no benefit
for this bndy to get involved in finger pointing and accusations and confrontations over the next year or two. I think we do our
job, which is Pelican Bay Services Division work, which is beautification, the streetlights. the water management. And if tI1e
county sees fit to delegate the Clam Bay Conservation area for tI1e first tin1e to anotl1er entity, we follow tI1e will of the County
Commissioners, and we look for tI1e same results that we were able to supply to the residents of Pelican Bay. But I don~ like tI1e
idea of a board member going to a board meeting with six other people outside of Pelican Bay witb different thoughts about a
bigger, grander concept, and Pelican Bay being put in an awkward or defensive posture. That one concerns me. So. I would
recommend tI1at you not bave a board member participate, but I would recommend that each one of you go to tbe meetings as a
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1611.k.~
resident.
MR. BURKE: John, define tbis bigger and better estuary. I mean. I find it a bighly irresponsible statement, but wbat
does that mean? We're going to have amusement park down there or is it going to be........
DR. RAIA: You know. let me refer you to a recent letter to the editor to give you a scope ofwbat the mentality is out
there. Clam Bay is in decline. How can the Seagate community with only 90 home sites and a handful of motorized vessels be
held more accoWltable for the decline of Clam Bay than Pelican Bay? Absolutely absurd. Absolutely absurd. That's printed in
the Naples Daily News.
MR. BURKE: Is tI1at a letter to the editor?
DR. RAIA: Yes. it is. Okay. And, you know, we cannot sit by and let people believe tbis is wbat Pelican Bay is abuut.
Now I'm going to at this point I'm goiug to move tbe question. I feel strongly we should move ahead witl1 this pennit, and if tI1e
COWlty Commissioners want to pull back on it, so be it. I've always said tI1at tI1e commissioners have the last say, the last say. At
the same time tI1ough. we bave been given latitude to express our concerns to them. And to me, this is an expression of our
concern.
MR. BOLAND: John Petty. a questiou for you. This ordinance has not been voted on yet; right?
MR. PETTY: No. sir, it has not.
MR. BURKE: Next Tuesday.
CHAIRWOMAN WOMBLE: It's next Tuesday.
MR. BOLAND: But when this gets voted on, then we'll know the outcome. I agree with what Jim Burke said about it a
halfbour ago. We're sitting here, spinning our wbeels, and we can~ do anything about it till we know !bat tbis ordinance is going
to be verbatim. And then, if I read tI1e end of it correctly, it states on tI1e last page. it has to go to the state to be approved. So,
this could go on, God knows when, Wltil tI1e end ofthe year. Until the state approves tI1is. tbe ordinance, if you read tI1e last page,
it says right tI1ere. oh I'm sony, next to the last, excuse me. page 4 of five. The ordinance shall become effective upon filing with
the Florida Department of State. I'm assuming tI1e state bas to approve it.
MR. PETTY: No. sir. It would just be a filing of the laws adopted in Collier COWlty into tI1e public record, which
IS.............
MR. BOLAND: Right. So, right now, we can operate with the pennit we have till next July, Tim said, okay. I just don't
Wlderstand why we're going aroWld. Wait Wltil tI1ey tell us to stop. No one has told us to stop.
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16' lA1~
MR. PETTY: Madam Cbair. if I could respond?
CHAIRWOMAN WOMBLE: I think you should.
MR. PETTY: We have been directed to stop. I have correspondence with the County Manager's Office, who bas asked
us to stop our work on tI1e permit until these decisions are made so that we don't cause a duplication of effort or tbat we don~ cut
off any options !bat may be directed by the County Commissioners. So, no, he bas asked us. Tbe County Manager has asked us
to bold up. The County Commissioners bave indicated that they'd like to consider otl1er options of which this ordinanee is tI1e
direct result o( So, in my opinion, sir, we do not bave the luxury of ignoring what they did at tbeir last meeting or ignoring their
consideration of this ordinance or ignoring wbat tI1e County Manager bas instructed your administrator to do, wbich is to hold up
until tI1ey make these decisions witbout baving some type of ramifications.
MR. BOLAND: Have you been asked to stop or told to stop?
MR. PETTY: Told.
MR. BOLAND: Told?
MR. PETTY: Told.
MR. BOLAND: In writing?
MR. PETTY: Yes, sir.
MR. LEVY: Stop wbat?
MR. PETTY: To stop on all work on tbe permit. but not in Clam Bay.
MR. BURKE: We're still....
MR. PETTY: Mr. Burke, I was clear. It's about the pennit only, not about tI1e maintenance. And as I said earlier in tI1is
meeting, we will stand by Clam Bay until a transition could happen sbould somebody else be selected. Let me make that clear
again. I'm only talking about tI1e permit work that we have been told to bold on.
MR. WZZO: Paperwork.
MR. BURKE: Paperwork. So. Tim is still operating under the one-year extension.
MR. PETTY: Yes.
MR. BURKE: Okay. Right.
MR. PETTY: Mr. Chairman. if this contract goes fiscal year to fiscal year, be bas one more year to respond. We bave
not amended bis contract for that additional year.
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Seotember 3. 2008
1611 k,t,
MR. BURKE: I'm not talking about bis contract. He's operating. he's working in Clam Bay with the one-year penuit
exteusion. That's aliI asked.
MR. HALL: There's a one-year penuit extension. Me, personally, I'm working here under contract for one more month.
MR. BURKE, Okay. Then we renew it and then you contiuue. What's the big deal?
MR. PETTY: Well, Mr. Burke, tI1e big deal is that we've been told by tI1e County Manager not to. We're not supposed
to do any work towards the new penuit or any extensions of contract.
MR. BURKE, I understand that. John. Okay. What I'm saying is....
MR. BOLAND: Jobn if! may add, you made a comment about people calling in a different voice. What a lot of people
are concerned about in Pelican Bay is that Clam Bay. wben we took over about ten, II years ago, it was about, I think. about
tI1ree. four, five and a half million we put in, Westinghouse put in a million and tI1e county put in a million, we put 3.5 million, teu
years ago bere in Pelican Bay. Oftl1at million, tbe county put in, I'll guarantee you since we're an donor community. we put
probably 35. 40 percent. So. close to four million bucks in there. At the time when the county gave us tI1is ten years ago, I I
years ago, we had asked tI1em if they would do it, would they do it, and they said flat rigbt out, we don't have tI1at kind of money.
Now, I'm looking at the economic times today. The people in Pelican Bay are concemed that if tI1e mangroves or tI1e county
doesn't do a good job, the property values will decrease. There's no ilS, ands. or buts ahout that. And that's what I tI1iuk wby all
the people are upset and all these communities are being started up. You know, tI1e county came out a couple montl1s ago and
tI1ey dragged tI1eir feet. If we're told to stop, we bave to stop. I agree with you a bundred percent. But the point I'm trying to
make is, John. bow long do we stop and bow long do we do maintenance on it? We're not going to let the mangroves in Clam
Bay go back to wbere it was again. That's what people are concerned about.
MR. PETTY: Madam Chair the response to tI1at is the same. I think tI1at what Mr. Burke was asking as well and wbat
Tim was trying to explain, tI1e day-to-day supervision, management, oversight is done by Kyle, your staff. Tim does a lot of the
active political work, tI1e scientific work and certainly does tI1e annual reports. And he's wbo we go to wben we need tI1e
questions answered. So, if it's not a nonual bit of work to be done wbere Kyle will bave bis guys do it or contract it out. we call
Tim. Now, his contract ends attl1e end of October. Now, we can renew it, but we haven~ done it yet. I meant October I.
MR.IAIZZO: September 30t11. Okay.
MR. PETTY: Yes. So, tI1at's sometbing that you will bave to consider. It is in our budget, it isn'ttl1at big a deal, but we
don't bave it done yet. It may be problematic in !bat come October I, we may be in a transition period. We may not he able to
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sign a year's contract, but I tI1ink we can work on that. The mangroves we do not intend to leave alone. If they need help, we're
sitting here. Irs in tI1is year's budget. It's in next year's budget. Whether it is Kyle doing the work or a contractor, PBSD, or
wbether it is a combination of other county divisions, we're here to make sure that tbe mangroves are not ill affected because of
our lack of preparation. Other tI1an that, the only thing I wish to add to Mr. Boland's statement is, sir. it wasn't in the nineties tI1at
you got involved in Clam Bay. You've heen involved in Clam Bay since the creation of Pelican Bay. Tbe Pelican Bay
Improvement District. your predecessor, has always been in cbarge of maintenance of tbe conservation area, always.
CHAIRWOMAN WOMBLE: Thank you.
MR. PETTY: And you accepted tI1at responsibility when PBSD came being.
CHAIRWOMAN WOMBLE: I was waiting for you to quit so I can say tI1at. So, tI1ank you. I think we should move
along. I believe we all now understand !bat Tim is on the job and, bopefully. he wiD consider continuing on the job, and we have
no recourse really until after we hear what tI1e commissioners decide uext week at tI1eir meeting if they should so do something
about it. So. I would like us to tI1ink about that before you go. But I think we should repeat tI1e motion so we all are clear as to
wbat we're voting on and tben get on with it.
DR. RAIA: The motion is tI1at I move we proceed with the five-year pennit.
CHAIRWOMAN WOMBLE: All in favor, signi/)< by saying aye.
DR. RAIA: Aye.
MR. IAIZZO: Aye.
CHAIRWOMAN WOMBLE: Those opposed?
MR. BURKE: Nay.
CHAIRWOMAN WOMBLE: Nay.
MR. BURKE: Could we bave a count ofthe vote?
DR. RAIA: Yes. That's fine. I'm heginniug to see why two people resigned from this board. I'm making a statement of
fuct. [am not going to waste my time on this board. We bave a modicum of independence, a modicum of independence. We
lost annexation. We've lost trying to become a town. We probably don't really need those elaborate fonns of government if we
were granted some independence bere. I don't believe tI1e County Manager has any business telling us what to do. The ordinance
tI1at created us put us directly underneath the commissioners. That's it.
MR. BURKE: Well, sir I'm sony. Mary, can we have who voted aye. who voted nay?
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MS. MCCAUGHTRY: We only bad two votes that were aye. and it was John laizzo and Dr. Raia.
MR. BURKE: Okay.
CHAIRWOMAN WOMBLE: Okay. All right.
MR. LEVY: I'll cbange my vote if I may.
MR. PETTY: Madam Chair. that's subject to your protocol. Typically you would call for auother vote.
CHAIRWOMAN WOMBLE: I think we're going to have to.
MR. LEVY: But you know, the tbing we bave to realize is any permit we do has to be signed off by tI1e county.
CHAIRWOMAN WOMBLE: Exactly. That's wby I find it illogical.
MR. LEVY: So, we're going to have to zone a permit before we know wbether it's our responsibility is something that
wouldn't matter because the county bas to sign off on it.
CHAIRWOMAN WOMBLE: That's it exactly.
MR. IAIZZO: Let them make !bat decision.
DR. RAIA: Let tI1em make tI1at decision. Mike. I tI1ink we sbould .........
CHAIRWOMAN WOMBLE: Well, Tim, let us think about this tI10ugh for a second. We've got less than one week
hefore tbe vote by the commissioners. In tI1at week, are we expecting Tim Hall to write up tbe entire permit or can Tim sit down
at his desk and spend hours doing that instead of other things? You know, that's wbat you're asking.
DR. RAIA: Well, I want to deliver a message to tI1e commissioners wben tI1ey vote ou this ordinance. And the message
is we want to go ahead with the permit.
MR. IAIZZO: Let tbem know tbe feelings.
DR. RAIA: Now, I'm not telling them how to vote. They are tbe determiners. There's no question about that. But to
me tlris is tI1e sense I get from tI1e community is to go in this direction, we bring this right before the comnrissioners, ifthey turn it
down. well. they turn it down. We can't go anyplace else after that. But right now to acquiesce, I tI1ink, is a nristake.
MR. LEVY: Well, wbat are we bringing before tbe commissioners? I don't understand what really... .....
DR. RAIA: We're bringing before tI1e cOmnUssioners that we bave voted to proceed with the five-year permit because
of our concern for the care of the mangroves.
MR. IAIZZO: Basically because we want to stay active.
DR. RAIA: This new comnrittee is not going to be represented by Pelican Bay. I'm telling you right now.
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MR. LEVY: How is this going to he brought before the comnUssioners? You're saying we're voting here now today to
go ahead with tI1e permit. How is that brought before the commissioners?
DR. RAIA: They will know that we voted (0 proceed with tbe permit. It will be.........
CHAIRWOMAN WOMBLE: Ted. I understand your thought process. I understand exactly what you're saying, and I
wish that I were as frustrated as you are. However, I believe that that would be sending perbaps the wrong message.
MR. IAIZZO: It's the right message.
DR. RAIA: Do you think anytl1ing worse can happen to us at tI1is point with what's going on?
CHAIRWOMAN WOMBLE: Yes. I sure do.
DR. RAIA: What are they going to do, Jim, since you're in.....
MR. BURKE: It's always a surprise. Ted. but .............
CHAIRWOMAN WOMBLE: I don't think we want to discuss it.
MR. BURKE: Yes. We're all over the place here. Ted just sbouted out tI1at Pelican Bay wouldn't be represented on
tI1is committee. And he's probably got a different copy ofthe ordinance than I do, but it says we're going to have two people on it,
two strong people.
CHAIRWOMAN WOMBLE: And that's wbat they initially stated attbe..........
DR. RAJA: Let me bear tI1en what tI1e problem could be. If I were the service division representative on tbat
committee, I would be probably voicing my opinion. If you were on that committee, you would be voicing your opinion. and I
know these are two different opinious probably at both ends of tI1e spectrum. You know, I don't see how tbey can get tI1e input
from the people with one representative from the service division and one representative from the foundation on a seven-person
committee.
CHAIRWOMAN WOMBLE: We're at a cross-roads. Ted, bold on a second.
MR. BOLAND: Madam Cbairman. I bave a question.
CHAIRWOMAN WOMBLE: Sure.
MR. BOLAND: How could we still go for a permit when he's telling us this.......
MR. LEVY: Don't wony about it.
CHAIRWOMAN WOMBLE: We can vote for it. We're going forward. but that just means Tim is sitting at a desk,
writing on a permit that we probably won~ .............
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MR. BOLAND: That's not accepted, is that what you're saying?
CHAIRWOMAN WOMBLE: Thafs really probably it, I mean, other than someone going to the board next Tuesday
and go waiving our minutes and saying, we are still doing tbis and throwing tI1at in their face, I don't think is a good idea.
MR. BOLAND: Aren't we a little early voting for the penn it because we don't know wbat is going to happen.
CHAIRWOMAN WOMBLE: Before we know, yes, we are.
MR. BOLAND: I can't see tI1em vote. It doesn't make sense.
MR. BURKE: I'd recommend that Ted and John go to tI1e meeting. And when that item comes up under public
comments, they make tI1eir impassioned statements.
DR. RAIA: Thank you, Jim, but I'm not going to be bere. But tI1at's besides tI1e point. Look, I'm not going to talk about
this anymore. Today I bad a clear view on what tI1e problem is, and if! fail to enlighten you on this, then I'm wrong.
MR. BURKE: Fine.
CHAIRWOMAN WOMBLE: I don't know that you're wrong but we feel that that really it isn't a logical step.
DR. RAIA: Look, tI1e administrator does not tell the County Commissiouers what to do. What you're doing right now is
just tI1at. The County Commission, we answer to the County Commissioners, not to tI1e administrator. Now. tI1e other part when
I introduced tI1is. I said tI1ere was going to be anotl1er piece to this, and that is [ think we sbould petition the commissioners that
John PettY does not answer to the county commissioner because we can see wbat bappens in there.
MR. LEVY: The County Manager, you mean?
DR. RAJA: The County Manager. I'm sony. Yes.
MR BURKE: Tbey know tbat. It's in our ordinance.
DR. RAlA: Well, it may be.
MR. PETTY: Well. excuse me. if I could jump in. I appreciate the increase in office. but [ don't think I can take it. [
am undemeatl1 tI1e manager because all of our systems are inside tI1e county; our accounting system, our operational, our staff,
personnel, HR. I've got to be going tI1rough tI1e county to provide all tI1ese services to you. There's no way to do tI1at unless I'm
an independent entity witl1 my own personnel, my own HR, my own accounting system. It's the county system, so it is almost
impossible for me to be your administrator responding directly to the commissioners if I don~ go through tI1e system. And if I go
through the system, by ordinance I must be under the manager. So, that's tI1e problem that I have. It's a structure. I would dearly
love if Pelican Bay were still independent. I remember those days fondly, but today we're not.
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CHAIRWOMAN WOMBLE: I believe we talked about baving another vote. Let's do that. Ted, would you repeat the
motion?
DR. RAlA: I withdraw tbe motion.
CHAIRWOMAN WOMBLE: All right. Let's go on.
DR. RAIA: Somebody else can make the motion in the future.
CHAIRWOMAN WOMBLE: Ted, we're not negating you or tI1e importance of the issue. We're just letting you know
tI1at logically we see that it makes seuse to wait for a week and tI1en we'll get on with it. Let's see. We've got the status of the
navigational signs and addition of warning signs. And. Dr. Raia, you went and talked witl1 the people, I believe, to find out more
infonnation about that. What did you discover?
DR. RAJA: No. I don't believe I spoke to anybody else otl1er tI1an I still have not been able to find out wbere that
requirement bas come from. I'm being stonewalled on that. But what I would suggest wben those signs do go up iliat we install
anotl1er sign there that says warning, non-navigable waters, pass at your own risk, NOAA Cbart 11430. To leave those navigable
signs as an invitation for boaters to come on in would be an act of negligeuce on our part. So, we should, I suggest. we put the
sign up and I would suggest we direct whoever, Jobn, to ascertain bow one goes about putting up a warning sign.
MR. LEVY: My understanding was they were supposed to stand back on those signs until this new committee was
fonned and then this was supposed to be something that was worked out by tI1is committee of all tI1e stakeholders of tI1e county so
to speak.
DR. RAIA: No. The only reason for staying back is we were in tI1e process of perhaps redoing the canoe markers, and
they would want to perhaps tack on canoe marker signs to navigational signs and not have tbe duplicative signs tI1ere. The
requirement, whicb is to put these navigational signs there, is a requirement, and I don't tbiuk tI1ere's going to be any more
discussion about that.
MR. LEVY: Well, that was brought up at tI1e County Commissioners' meeting in June, I believe. And at tI1at meeting
tI1ere was a discussion both by Pelican Bay people and by people from Seagate, or what bave you, and tI1ere were strong
differences of opinion. And at that time is when the motion was made to set up this new ordinance for tbis new Clam Bay
committee, or new comnrittee tI1at was supposed to be made up of all the stakeholders in tbe county, so to speak, and tbat markers
was one of the items that they were supposed to decide, that's my understanding.
DR. RAIA: Yes. Okay. I bave an e-mail from Mr. Mudd, wbo is kind of the sympathetic and he knew. But be said it
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was very clear that the signs are required as part of the pennit hy tbe Army Corps of Engineers, and that requirement bas to be
met. And that was it.
MR BURKE: Madam Chair. Michael's statement was entirely accurate. My understanding, iftl1is ordinance passes and
this new advisory committee, the first order of business is going to he to close out the existing ten-year pennit. And they'll do that
by coming up with some kinds of a compromise on navigational markers. But there's nothing carved in granite that says it bas to
be 28. So, tI1at conurrittee will work from that.
CHAIRWOMAN WOMBLE: And I have to agree with Ted, that there needs to he some type of warning sign placed
there. I'm sure tI1ere is some kind of a permit or some kind of a signage that is already available. and the Coast Guard or Army
Corps of Engineers know about this, and I don't, that would give such a warning hecause I can very definitely see someone killing
themselves going in tI1ere even at no wake, some oftbe boats tI1at I've seen going up and down along the shore could never make
it very far. And if they're going at any speed at all, I don't even wbat to tI1ink about it.
MR. BURKE: That's another reason we need to keep our nose in this because the reason tI1ey came up with tI1is 28-
marker thing is we dropped out. So, the Seagate people and the county staff got togetl1er on tI1eir own and came up with tbat 28-
marker tbing, which isn't going to bappen. but we need to be involved witb this.
CHAIRWOMAN WOMBLE: Well, I think I bave to agree with it actually.
MR. BURKE: Yes.
BUDGET COMMITTEE
CHAIRWOMAN WOMBLE: Okay. We're on to budget committee. And, Mr. Petty, you've already discussed the fact
that you're going to go to the commissioners tomorrow.
MR. PETTY: Yes, ma'am.
CHAIRWOMAN WOMBLE: And tI1at's at 5:05. tomorrow evening; correct?
MR. PETTY: Yes, Madam Chair.
CHAIRWOMAN WOMBLE: All right.
MR. BURKE: And you'll be out of there at ten after.
MR. LEVY: Well, wben is tI1e budget committee going to bave tI1eir next meeting?
MR PETTY: We're waiting for Madam Cbairto assign tI10se positions.
CHAIRWOMAN WOMBLE: We're waiting to see who is going to be a member of tI1e board as prescribed by the
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Collier County Commissioners. and I'm boping you do want to be on that committee. Am I correct, Mike?
MR. LEVY: Yes.
CHAIRWOMAN WOMBLE: John?
MR. LEVY: Just be on tbe committee.
MR. BOLAND: Yeab. On the committee, yeah.
CHAIRWOMAN WOMBLE: Okay. I'm just standing my ducks in a row so tI1at once we have tI1e names down...n
MR. BOLAND: We have to wait until the new board members come on.
CONSIDERA nON OF VICE CHAIR
CHAIRWOMAN WOMBLE: Okay. John Iaizzo. are you interested? Okay. Thank you. It's a good thing because you
were all going to be on it anyway. Okay. Chairwoman's consideration of tI1e new vice-cbair. Let's have some discussion on tbis
because tI1at kind of showed up on the agenda. Surprise!
MR. PETTY: Madam Chair, I put that on there. It is a housekeeping issue. It is subject to your preferences. It is the
Cbair's right and authority to appoint any committees that work for this group. They serve at your discretion and you can remove
them at your discretion. We're looking for you to consider a vice-cbair, wbo historically has been tI1e cbairperson of the Clam
Bay group and passed automatically. And since that entity currently does not bave a cbair and is in the state of some nebulous
activities, we thought we would bring it up to you as a housekeeping matter. Would you like to consider a vice-chair now? And
whetber you do so by your selection or whetl1er by suggestion from your board members is up to you.
CHAIRWOMAN WOMBLE: I would like to do a little bit ofbotl1. Does anyone care to be tI1e vice-chair?
MR. BURKE: I would nominate Jobn Boland.
MR. BOLAND: If you would do that, Jim, I'll accept tI1e vice-chair.
MR. LEVY: Well, that's Boland at this time.
CHAIRWOMAN WOMBLE: I think we're discnssing.
DR. RAIA: He gets an appointment position.
CHAIRWOMAN WOMBLE: You would accept it?
MR. BOLAND: I'd like to make a comment here. I don't know if the audience knows, but I'm not sucking up to the
chairperson, but Mary Anne Womble is tI1e first remale in Pelican Bay to bold the cbair of either this board, the Foundation Board
or the Pelican Bay Property Owners Board. So, I just think it's a great bonor. I'll be proud to serve you.
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CHAIRWOMAN WOMBLE: Do you like the flowers?
(Applause.)
CHAIRWOMAN WOMBLE: Do we have any other?
DR. RAlA: Yes. Here's a suggestion. We have a couple vacancies in here, and they sbould be filled eminently, and one
of the people being considered is Tom Cravens. wbo I tI1ink should be eminently qualified to bead up tbe mangrove, tI1e Clam
Bay subcommittee. Of course, again, tI1at's your choice to make tbe appointment, but my concern is, is the wording in tI1e
ordinance, tI1at tI1e representative would have to be the cbair or tbe vice-chair. Now, if you're going to represent us. tI1at's fme, but
if it is going to pass on from you, I think we do have somebody wbo is, you know, eminently qualified who knows the Clam Bay
and tbe mangroves quite well to have, you know, reserved some consideration for that.
CHAIRWOMAN WOMBLE: So. you're suggesting we wait until we find out wbo our new members are?
DR. RAIA: I am.
MR. LEVY: But you're talking about different things. You're talking about a.. . .....
CHAIRWOMAN WOMBLE: Historically, in the past, the person who was tI1e cbair oftl1e Clam Bay committee, if
there was sucb a thing, and tI1ere has always been, would be the vice-chair.
MR. LEVY: I don't know why.
CHAIRWOMAN WOMBLE: Because it was so important to our board that Clam Bay is really one of the major
reasons why we're sitting here.
MR. IAIZZO: The fIrSt hour. by the way, we talked about Clam Bay. This is the first bour the discussions on Clam
Bay. And [ tI1ink it's important tI1at the cbair, probably should be tbe vice-cbair, should be a Clam Bay expert. And I tI1ink we
have someone in the wings on that.
MR. BURKE: Madam Chair, bistorically, and I'm going back eight years, we generally wait till somebody's on the
board before we appoint them to committees and cbainnansbips.
CHAIRWOMAN WOMBLE: That's right.
MR. BURKE: That's been my take.
CHAIRWOMAN WOMBLE: Well, I tbink that's well advised. I tI1ink I'm going to think about it. John. I would think
you'd be wonderful as a vice-cbair, but I do want to see wbo we have on tI1is board after tI1e commissioners meet because I may
decide that I don~ want to be on the board anymore.
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MR. BOLAND: Before we start making decisions bere. Mary Anne. I'd still like to bold off and see how everything
goes, you know, witb tI1e board meeting and all that, because tI1ey could turn around and say, we're not going to have anybody
from Pelican Bay. We don~ know, you know. So. before any appointments are made. at least my recommendation to you is, that
we hold off on any kind of recommendations till we see what's going on at Collier County, because, like I say, tbey can change the
ordinance, they may not change the ordinance. They may decide to put one person in Pelican Bay, they may switcb to tbe
property owners. Who knows what tbey're going to do.
CHAIRWOMAN WOMBLE: And that's why you would be such a good vice-chair.
MR. BOLAND: I'm going hold off on tI1at.
CLARIFICA nON OF POSITION FOR DIVISION ADMINISTRATOR
CHAIRWOMAN WOMBLE: Thank you. Okay. Let's see. Dr. Raia. you bave a clarification of position of Jobn Petty
vis-a-vis tI1e organizational cbart before Collier County.
DR. RAlA: Yes. I think it's worthy of discussion that we look into the organizational cbart, tI1at John Petty does answer
to tI1e Pelican Bay Service Division Board. And I beard wbat Jobn said, but to me that's government talk tI1at really doesn't make
any sense.
MR. PETTY: That's standard government talk.
DR. RAIA: You can have your support from the county. There is no question about that. We pay fortl1at support. But
decision responsibility. tbe executive responsibility, comes rrom bere. And tbe two of tbem should not, we sbould not be
threatened !bat we're not going to be able to use the financial office oftl1e county because you happen to think tI1e way we do. I
just can't accept tI1at. Now, again, I'm trying, I'm striving to bave a modicum of independence for Pelican Bay. And a small step
in that direction would be to place Jobn underneath the Pelican Bay Services Division.
MR. 1AIZZ0: I think that's a good idea; bowever, if you read the ordinance. . . ... . . .
DR. RAlA: I know tI1e ordinance. That's why it bas to go tI1rough to tI1e commissioners and they're the ones who have
to change it.
MR. IAIZZO: You have to go back to tI1e ordinance to report back to the commissioners.
DR. RAlA: Right. It will stay just the way it is unless somebody does sometl1ing about it.
CHAIRWOMAN WOMBLE: Well. tben, you can put a motion out !bat we're going to look into tI1is or take steps or
you can go to a meeting for the Collier County Commissioners and put yourself on tI1e agenda and talk to them.
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DR. RAIA: No. [would prefer tI1at this is what the Pelican Bay Services Division Board wants to do. I'm suggesting
that it's a step iu tI1e right direction. It doesn't mean it is the right direction. So, it's up to the board. Now. I would suggest that if
there's interest, that we direct Joho to look into this. and we then bave a vote at our next board meeting, depending on wbat we
researcb in the matter. ['II tell you, the Chainnan of tI1e Board of Commissioners already tI1ought, was under tI1e impression that
he was, and was surprised to learn tI1at the ordinance hadn't done that.
MR. IAlZZO: John, do you think you could break the chain of command and report right back to the commissioners?
MR. PETTY: Ob. sure. [t wouldn't be tI1e first time I broke tI1e mles. Let me see if! can make this clear because it's a
little bit complicated. The ordinance was changed in 2006 after about a year's worth of discussion by Mr. Carroll with the county
and he was able to impress tI1e county witb tI1e Pelican Bay Services Division's capabilities and we were granted additional
benefits and responsibilities, one of whicb was that the adininistrator, my position, who bad been required to take direction
specifically from tbe County Manager. and only from the County Manager. was now able to take direction from the board of this
body. Now, I bave taken the direction of this board in all matters, tI1at we bave what I consider or know to be jurisdiction end. but
I'm not able to go above tbe County Manager's head or to negate tbat directive ofwbat [ can do within tI1e county. So, I tI1ink tI1e
intent tI1at you stated of me following tI1e direction oftl1e buard is here. The trouble is that I have limited powers in doing so.
MR. BURKE: Joho, from a more pmctical standpoint, you were on public record at the last meeting and this meeting of
suggesting to this board if this ordinance passes. del)< the prescriptions of the ordinance and not participate in tI1e new committee.
MR. PETTY: Sir. I consider !bat a comment to a draft proposal, not del)<ing the orders of a superior, but tI1is is a draft
and I bring it to you for consideration.
MR. BURKE: But if you persisted after that was passed, very clearly the County Manager would probably fire you, and
be should. My bet would be he would not do tI1at. He would come over here. So. I don~ know how exactly bow to explain tI1e
wording. but in the eyes of the County Manager and in tbe eyes of the commissioners, we're responsible for tI1e adininistrator's
office, okay? Now, I mean. that's tI1e most practical way [ can put it, so I would suggest, mtl1er than a motion, somebody write up
some kind of an amendinent or a change in tI1e ordinance that has him reporting directly and to tbe Board of County
Commissioners. That would be the simplest tI1iug and you bring it in bere and we vote it and tI1en we send it over to tI1e County
Attorney's, or maybe you send it to the County Attorney's first, and we just go through. just like Jim Carroll did with the ordinance
cbange.
DR. RAJA: That's fine. Jim, J would accept that.
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MR. IAIZZO: Is it okay with you, Joho Petty?
MR. PETTY: I'm not sure. A minute ago I was being fired and now I'm being promoted. I'm not sure what's going on.
MR. BURKE: Well, I wanted to put it in practical terms, I mean, how they see things, okay.
DR. RAlA: We're going to give you a buck two eighty more.
MR. PETTY: Madam Cbair, if there's a suggestion on any changes to tI1e ordinance. may I suggest tbat you probably
want to do that tI1rough a separate committee process and not just do it on my position or my reporting but take a look at some
otl1er parameters as well, because wbeu you change the ordinance you really don't want to do this every other montl1. You want to
do it and bave it last for a wbile. So. may I suggest !bat?
CHAIRWOMAN WOMBLE: Yes. I think you should and I'm glad you did.
MR. BURKE: Wait a minute. You can call Heidi if you want her to come over. You can assign berto do it
CHAIR WOMAN WOMBLE: I think we need someone like Heidi for a little bit of direction.
DR. RAIA: Well, why don't we have tbis prepared for tI1e December meeting? I see no rush into doing tIlis. And I
tI1ink he's right I think give it some serious tI10ught and good input, and if tI1e December meeting is. we leel, a better time. we
wiD briug it up at tI1at point and then move it along.
CHAIRWOMAN WOMBLE: It sounds fine to me. All right. Let's bave a committee made up of Jim Burke, Ted Raia
and wbo else wants to be on this committee?
DR. RAIA: We're going to need a referee, so....
CHAIRWOMAN WOMBLE: I'm going to be on the committee also and....
MR. PETTY: May I suggest Mr. Levy since he has a very good knack for watching tI1e money and you want tI1e
ordinance to be money conscious.
MR. LEVY: Yes.
CHAIRWOMAN WOMBLE: All right. Let's bave a set committee and after tI1is meeting, let's get togetl1er and find a
date that we can meet.
MR. PETTY: Madam Chair, we'll be glad to poll and schedule tI1at for your consideration.
CHAIRWOMAN WOMBLE: All right.
DR. RAIA: While we're on \bat, I bave one otl1er suggestion that I'd like to put on tI1e table. And I would like to direct
Mr. Petty to explore the attributes of being an independent district. How would we become independent and to bar grate (sic)
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with the Pelican Bay Foundation and tI1e Pelican Bay Property Owners Association in studying this possibility? What are the
advantages of being an independent district?
MR. LEVY: Pelican Marsh.
DR. RAIA: I mean, they are out tbere. I don't know enough about it myself. so if you could report back at the next
meeting and let us know why some people are independent and we're dependent? l mean. what's the difference? I'm sure you're
able to answer !bat right now, but I don't want the answer now.
MR. BURKE: Madam Cbair, a comment. Eigbt years ago tI1is is wbat we were trying to do. Lou Glasbow (phonetic),
Ray O'Connor and I don't know who cbaired the foundation then, but tI1ey had come together. and in essence we were going to,
wbat's the tenn, John? What's Pelican Marsb? They're a......
MR. PETTY: Pelican Marsb is a CDD.
MR. BURKE: Yeah. We were going to become a CDD, but I was not that close to tI1e situation at tI1e time. All I
remember was I went to the Registry Hotel and tbere was like 2500 screaming. yelling Pelican Bay owners protesting it. And if
you get any oftl1em today, wbat were they there protesting, they wouldo't know. None ofus ever knew.
DR. RAIA: I know.
MR. BURKE: But we would have been an independent district.
MR. lAIZZO: Compensatiou. That was it.
MR. BURKE: No, no, no. We were going to become an independent district like Pelican Marsh.
MR. PETTY: Madam Cbair, ifl could? Tbe reference is to a different style of district. They were not going to become
independent, they were going to become a dependent district. wbicb is a step above wbat we are. because they have the right to
have title. but tI1eir budget and their board bave to be approved by tbe county. But it's a step up from where we currently are.
And tI1e issue that Mr. Burke is refemng to was loudly contested because tI1ey were given the power for ad valorem taxation.
CHAIRWOMAN WOMBLE: Right.
MR. PETTY: And tI1ere wasn't a limit placed on the ad valorem, and that's wbat got everybody's attention real quick.
So, tI1ere's pros and cons with these other fomms as Dr. Raia has asked to us research. And if it is the board's directive, we can do
tI1at. We can come back and talk to you about tI1e pros and cons and tI1e different styles.
DR. RAIA: My recollection of that problem back then was not so mucb tI1e changes tI1at were taking place in the
ordinance. but the problem that it wasn't heing done publicly, that people wanted to bave a town meeting, tI1ey wanted to have this
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in the open. And the proponents of i~ and basically I think it was good idea, felt it was so good there's just no need to discnss this
with anybody. And it turned a lot of people who didn't know anytl1ing about anytl1ing. but the fact that they were restricted in not
being able to express themselves publicly and sit down and listen, weill think that's wbat defeated it.
CHAIRWOMAN WOMBLE: Okay. Ted, are you interested in asking Mr. Petty to researeh it and come back?
DR. RAIA: Yes. Definitely, yes. And t don't even know wbat this CDD is.
MR. BURKE: But the board in Pelican Marsb, they bave a contested position. It would be out on tI1e November ballot.
I mean, tI1ey are certainly independent.
CHAIRWOMAN WOMBLE: Could you give us a sbort presentation explaining the variances at our next meeting?
MR. PETTY: Yes.
DR. RAIA: And he can be the one. Jobn, providing you give us good, useful infonnation.
MR. PETTY: I will give it my best.
MR. WZZO: I do have a question though. If tI1is is so and we are independen~ does tI1at remove tI1e unincorporated
taxes we pay?
MR. PETTY: Let me make one thing perfectly clear. Pelican Bay is going to pay under any circumstances.
MR. IAlZZO: Well, there is a way. t mean, we don~ bave to pay tI1at unincorporated tax, you realize that.
MR. PETTY: Well, there is no sucb thing as... I'm sorry. The unincorporated....ob. the STU overlay?
MR. IAIZZO: The unincorporated taxes, wbich we pay is over four million dollars a year. None of it comes back
because we've maintained ourselves, this community.
MR. PETTY: I believe my instructions were to look at independent districts versus dependent districts, and I tI1ink wbat
you're refemng to is another fonn of local government called a municipality. wbicb I do bave some experience witl1, but that
would be anotber couple of minutes at least.
MR. IAIZZO: Do it.
MR. BURKE: Just get the infonnation from Gordon Brown at Pelican Marsb and give it to us, bow tI1ey operate.
MR. PETTY: Wbo's Gordon Brown?
MR. BURKE: He's tI1e current president over there.
MR. IAlZZO: The question, John. from me is wbat avenue do we take to remove the unincorporared taxes that we pay
currently to the county? What does that entail? How does tI1at come about?
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CHAIRWOMAN WOMBLE: If you have a chance in the next few weeks and can figure that out, give us a little bit of
an extra few minutes.
DR. RAIA: Yeah.
CAPITAL PROJECfS
CHAIRWOMAN WOMBLE: Thank you. All right. I'd like to hear more on the Myra Janco Daniels Boulevard
median update. Kyle, we missed you last meeting, and we hope you bad a wonderful vacation.
DR RAIA: Thank you for everytl1ing, Kyle.
MR. LUKASZ: Kyle Lokasz, Pelican Bay Services. The main Myra Janco is complete. The landscaping bas been
installed on that road.
CHAIRWOMAN WOMBLE: And it looks very nice. And I like the fact iliat I can see over it.
MR. LUKASZ: Yes.
CHAIRWOMAN WOMBLE: Thank you.
MR. LUKASZ: All right. Vanderbilt Beacb Road, the bollard lighting, we did bave a right-of-way permit and
everytl1ing in place to start tbat; bowever. the electrical contractor has to pull a separate electrical permit just to do the electrical
service. I bave down bere for the work to begin 9/15. That may be a little optimistic. The workload for our contract rigbt now is
pretty beavy, as this is the end of the fiscal year for the county. He does quite a bit of county work including a few service
placements for us, so it sbould be somewbere around that time. possibly working on tbat. The crosswalks for Myra Janco Daniels
Boulevard, the cost for tI10se are in here. This was an item that we discussed, I think, two montl1s back.
MR. PETTY: Kyle, you're wanting to know wbere we can pull this money from and there were two tI1iugs, Madam
Chair. One was we were going over budget, so we needed your approval. And, as you may recall. we started talking about
different fYpes of solar or electrical panels so you didn't tell us where you would autl10rize us to take the funds from for the
overeharges, but we had asked for permission to take them from tbe projects. East of berm project, I believe, is wbere we're
going to pull tI1e permit.
MR. LUKASZ: Right. But this is more a change in years bere as far as switcbing to it. Originally, we talked about
valid rights on Myra Janco Daniels. This is the crosswalks.
MR. PETTY: He tricked me again, didn~ he?
MR. LUKASZ: And I don't believe the board ever made a decision on where to pull tI1e funds from.
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MR. LEVY: Kyle, tbe bollard lighting, as I recall. tI1at was going to cost $40.0001
MR. LUKASZ: Approximately. You're talking about Myra Janco Damels Boulevard?
MR. LEVY: Yes.
MR. LUKASZ: Approximately, yes.
MR. LEVY: And tI1at was bringing power, power from Florida Power and Light over?
MR. LUKASZ: Right. It was going to have to come out ofTRI.
MR. LEVY, Now, are these crosswalks, the illuminated crosswalks, nsing Florida Power and Ligbt or using solar
power?
MR. LUKASZ: You know, with the additional costs fortbe solar or if we bring the power over. it's not going to make a
significant difference in the cost.
MR. LEVY: Because Florida Power and Light has the advantage !bat you wanted to put a.. . '"
MR. LUKASZ: Right. We may be able to combine some of the expenses for tI1e power wben we put the bollards lights
in. But, these are approximate costs I got from the contractor. Actually. tI1ey did the work for the Philhannonic over on
Ridgewood Drive.
MR. LEVY: Right.
MR. LUKASZ: And. of course, tI1is is three levels of crosswalks. One would have no illumination. Tbe middle one
would bave just illumination on the signs tbemselves. And the tI1ird would be the illumination in the pavement, similar to the one
tbat was standing on tbe comer of Ridgewood Drive.
MR. LEVY, Do you want to hear from the residents, Mary Anne? You've got the residents from ......
CHAIRWOMAN WOMBLE: Yes, I would like to. Thank you, Kyle.
MS. PETKER: Selma Petker. Bridgeway. We, tI1e Bridgeway residents tI1ank tI1e board for that safety median. We can
now exit onto the boulevard in a mucb safer way. And we especially tI1ank Kyle for all the work be put into it. We are hoping to
have tI1e third of the related solar panel lighting in tI1e street for pedestrian safety. We would really like tI1at. And there was a
woman with me before. She bad to leave. She's from Bay Villas. And they cross over also and sbe would be interested in wbat
we're doing also.
CHAIRWOMAN WOMBLE: Okay. Well, I think we just have to find the money.
MS. PETKER: It was approved for tbe bollard lighting.
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MR. LEVY: Tbat's40,000.
MS. PETKER: 40.000. Yes. It was approved in the budget.
MR. LEVY: Now, the Fellow Mar leek (sic) ou tbe other side that's got tbose illuminators in the road. that's a very wide
road over tbere, you know. maybe like three lanes on each side or something of that sort, very broad.
MR. LUKASZ: Two lanes. one going eacb way.
MR. LEVY: Yeah. Whereas, over here we're talking about like one lane eacb way?
MS. PETKER: Yes.
MR. LEVY: So. is anybody fumiliar with the illuminated sign crosswalk? I mean bow noticeable is that? Maybe that's
noticeable enough for cars to see wben somebody's in the crosswalk wben tbose signs go off. being we're talking about two lanes
now instead of four lines.
MS.PETKER: It would be one sign on eacb side oftbe road?
MR. LEVY: I don~ know if Kyle has to answer that.
MR. LUKASZ: You know. tI1e illumination in the signs is going to give you more of an advanced warning than
non-illuminated.
MR. LEVY: Well, yes.
MR. LUKASZ: Obviously, and if illumination is in tI1e pavement also.
MR. LEVY: But we're talking abont tI1e illuminated sign crosswalk as opposed to tI1e one tI1at's got tI1e flasbers in the
walk in addition.
MR. LUKASZ: Right. You would have the illumination in tI1e signs and in the pavement.
MR. LEVY: Yeah. Tbe question is if we just do the signs, you know, on tI1e two-lane road, is tI1at enough attraction for
tI1e notice of cars. In filet tI1e signs are illuminated.
MR. LUKASZ: Right. Yes. That would be tI1e middle one.
CHAIRWOMAN WOMBLE: Mr. Petty.
MR. PETTY: Madam Cbair, if! could. There isn't really a standard for tlris. As you all know, most oftl1e crosswalks
do not have the lights in tI1em and just have an illuminated sign on eitl1er side is actually more than what you normally get and we
bave anywhere else in Pelican Bay. I think the reason you are looking at tI1at tI10se twinkling lights witl1iu the patl1 is tI1at while
you're in construction, this is really the only time economically to consider putting them in. Putting tI1em in after tI1e fuct is going
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to be more expensive tI1an getting tI1em in here. So. if you're going to tI1ink about doing it, this would be the place to do it. And I
believe that Mr. Levy is correct, that the lit signs are typically more than adequate and it really is a matter of pereeption on wbat
tI1e residents look for, and we have beard comment that that crosswalk at tI1e Pbilbarmonic with tbe lights along tI1e bottom is a
very noticeable pedestrian crosswalk. I've even noticed it myself. So, it really is subject to what you'd like to do.
MR. LEVY: That's a roadway that's twice &, wide is wbat we're looking at now.
MR. PETTY: That's right. I don't know wbich one has tI1e most traffic. I know that that four lane. two lane divided,
was designed to go all tI1e way tI1rough, but wben Waterside Shops came in and we made that jog. it makes that rood not as
traveled as wbat it was originally intended, and I believe tI1e other road, Myra Janco Darnels Road, is traveled more so than
originally designed for.
CHAIRWOMAN WOMBLE: I believe you're right. Kyle, are you aware of what those signs, tI1e lit signs, look like?
MR. LUKASZ: The signs would be the same ones that tI1ey have on Ridgewood Drive on tI1e otber side of tbe
Pbilbarmorric. They bave illuutinated signing. They're regular crosswalk signs witl1 tI1e cutout. and then tI1ey have a flashing
light.
DR. RAIA: Kyle, is tI1e street illuminated at tbat crossing?
MR. LUKASZ: The one on Ridgewood is, yes. Botl1 tI1e signs and the street. ....
DR. RAIA: Well, no. No. I mean the streetlights. Is tI1ere a street light?
MR. LUKASZ: On Myra Janco Darnels?
MR. RAIA: Where the crossing is going to be.
MR. LUKASZ: Y eah. Well, tI1ere's lights on botb streets. yes.
CHAIRWOMAN WOMBLE: It just bas quite a lot of trees. It's shadowed. It really is shadowy.
MS. PETKER: If t can add, they're asking about the sign. It's in tI1e sbape of a yield sign. And wben somebody passes
through a sensor, it flasbes. And if it were tI1e third cboice, also tI1e streetlight flasbes. So, it's very noticeable. And it's very
heavily traveled road.
CHAIRWOMAN WOMBLE: Yes. it is, between tI1e elementary scbool, St. Williams and the Philharmonic, tI1e two
groups tI1at live along there?
MS. PETKER: Yes. I don't know. Maybe we could prevail upon Walerside to think abuut heing part of this project.
DR. RAIA: A little donation?
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MS. ALVAREZ: I can't make any promises. I know that this was something that was looked at before and it was not an
option for us but, you know, we can always look at things if it's feasible, but I can't make any promises.
CHAIRWOMAN WOMBLE: I believe Myra or one of her assistants was contacted. You talked with them and they
didn't feel that they had the money to help.
MR. PETTY: They liked the idea, of course, but since they are also.......
CHAIRWOMAN WOMBLE: They're nonprofit.
MR. PETTY: It's public funds, yes.
CHAIRWOMAN WOMBLE: Guide me here since I'm not on the budget committee, and I know that you all can
shuffle things around just a tad. Where are we on this kind of expenditure for the different types of illumination possible? What
do we have available? What can we do and what do we need to do?
MR. PETTY: If Kyle doesn't mess me up again, we're over budget on this hardscape improvement. Is that what you
call it, hardscaping?
MR. LUKASZ: Yes.
MR. PETTY : We're over budget, and as you all talked about, we have this in other places in Pelican Bay that we're
doing lighting improvements. So, you really are kind setting a standard here by adopting this. And this is definitely the gold
standard. This is the best there is that we know of. Pelican Bay maybe deserves the best there is, but we are over budget. If I
remember correctly, the number is what, 45,000 or was it greater?
MR. LUKASZ: It's a good question. I'd say with the other improvements we probably have approximately $25,000 left.
With these improvements, so whichever option you pick.
MR. PETTY: So, we're about $30,000 over budget if we pick the bottom. Madam Chair, Kyle is committing to no
more, not one penny more. That's approximately $30,000 we would be over budget. And staff would recommend for your
consideration that we would pull that from our east of berm project moneys to fund this if you were to approve it. But we
currently do not have the excess funds available in that particular project.
MR. LEVY: If we did the middle project, we would be over also.
MR. PETTY: We'd still be little bit over. It would be about $25,000 instead of the three.
MR. LEVY: Low twenties, low twenties.
MR. PETTY: Yes, sir. Yes, sir. And if we did the ]2, we would be within budget.
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MR. LEVY: Right.
CHAIRWOMAN WOMBLE: Okay. I think when we talked about this several months ago, we were discussing the filet
that if we did this, if we did one of the lit possibilities, either the signs or the signs with the little twinklers on the road, that the
bollards would not be a part of the issue because people would be using that crosswalk rather than going up along the vel)', vel)'
dark area up to Pelican Bay Boulevard. Am I correct? All right. So, we've saved ourselves some from the bollard lighting and
we're down to these amounts. And, Kyle, are they pretty close to exactly what you would expect?
MR. LUKASZ: Just these costs.
CHAIRWOMAN WOMBLE: That's what you would feel comfortable with?
MR. PETTY: They're pretty strong estimates at this point, I think, is what he's trying to say. And I'll hold it to him.
CHAIRWOMAN WOMBLE: Okay. Wonderful. So, what recourse do we have if we're over budget and you're
looking for the money?
MR. PETTY: It's a good question, Madam Chair. And one of your options is to wait until the new fiscal year, which is
October I, where you have more moneys in your budget for hardscape. If you recall, your budget committee put a cap on capital
expenses, leaving it open for what capital projects you would want to fund and so we've allocated quite a bit more money to that
categol)' that we call bardscape and softscape and others, but that's basically where you've got it though. So, that would be
something to consider and that way you're not really pulling any extra moneys out of this year's budget. And the timing issue is
such that since we're in September now, I don't think it will affect much. Your permit will still be good. So, I don't think the
residents would even notice the three-week delay. So, Madam Chair that is something you can consider. The other item, of
course, is to consider reductions in accordance with these options provided you.
CHAIRWOMAN WOMBLE: Right. Kyle, can you think of any reason why we shouldn~just put it off until after we
get to the new budget? Is there something that we need to know about?
MR. LUKASZ: Well, if you went with the bottom one, it would have to be put out to bid so we'd be in the next fiscal
year already anyway. So, it wouldn't hold the project up at all.
CHAIRWOMAN WOMBLE: All right. Do I have a motion that we wait for this?
MR. PETTY: Madam Chair, we would look for you to approve this expenditure in fiscal year '09.
CHAIRWOMAN WOMBLE: I agree with that. Okay. So, we're done and we can just move on?
MR. PETTY: No, Madam Chair.
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CHAIRWOMAN WOMBLE: We do a need a motion.
MR. PETTY: We would look for you to choose which one you want up on that list if we can go back.
CHAIRWOMAN WOMBLE: Frankly, I would like to go with the double indemnity. I think we really need something
along here because it is so highly traveled. And with the new sidewalk being put in and the amount of people who are traveling
on that street is enormous. I've walked that street at night and in the morning and at noon. And it is vel)' heavily traveled. And
that's now in the summertime. We're not even talking about the season. So, I feel comtortable thinking that maybe we're doing a
benefit for our citizens because they're going to have access not only to the Philharmonic, they'll have access to Waterside Shops,
and I think it's a no brainer, to be honest, but I'd like some discussion from the rest of the board. Do you feel the same?
MS. ALVAREZ: My only comment would be to carefully look at the location of where the crosswalk is going to be to
make sure that it benefits all of Pelican Bay. My concern would be if we are doing one and not the bollard light then that's going
to come up another time and we might have to endure that expense as well, so I would just really want to make sure that we look
at the big picture and where that crosswalk really needs to be and what really is the best thing for Pelican Bay. I think the main
crosswalk on Pelican Bay Boulevard is vel)' important as well. I think there's a lot of residents that cross through that side going
to the Phil or, you know, to the banks across. And I know there's been concern from them, so I just want to make sure that we
really look at evetything before.
CHAIRWOMAN WOMBLE: That is a good point; however, the lighting at that comer is pretty adequate for anyone
walking down Pelican Bay Boulevard and going across that crosswalk. It is really pretty well lit.
MS. ALVAREZ: And walking from Pelican Bay Boulevard to the church? Isn't that the issue when the bollards came
up, isn't it?
MR. PETTY: Yes. There's a dark area as the sidewalk goes behind some bushes between the light and the bushes and
then the road. But I think the point is well taken. This will set precedent, and I'm sure there will be additional requests for future
crosswalks. So, we're kind of setting the standard here, which staff does not have a problem with. We think this is the gold
standard. It is subject to this board's direction though because we will get requests later on. If you recall, across from the
Commons is a big crossing point for a lot of people in the wintertime. You know, they're on their bikes most of the time. They'd
like to get across. But right now there's a lot of people that have stated that, including Mr. Burke, who's asked for a safety report
on such areas that are difficult to get across. So, certainly, we will be asked again.
CHAIRWOMAN WOMBLE: I think this will be something that we address in a lot of ways. I believe the Strategic
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Planning Committee is also looking at this. Kyle, with the electrical situations that we have throughout Pelican Bay, we're an
older community or getting that way. Don't we have a need to be looking at the totality of the electrical capabilities for any kind
of these crosswalks? We've got a situation right now with FPL coming in because of the bubblers and it's a different situation at
this point for that locale, right?
MR. LUKASZ: Right. For the west part of Myra Janco Daniels. It's an unusual situation because ofthe distance to the
power. It would be a case-by-case basis depending on whether we're putting those facilities in.
CHAIRWOMAN WOMBLE: And unless we were to bite the bullet and really revamp the whole thing.
MR. LUKASZ: Well, in each case FPL has, let's say, built out in a certain location and then they have to tell us where
the power will be available, where they'll be able to set an additional transformer. So, like I say, it would be on a case-by-case
basis where, for instance, the bollard lights up on Vanderbilt Beach Road, that power bas to come from the north side of the road,
do a jack and more and meet Vanderbilt on the high road, but there is an existing transformer to pull the power from.
CHAIRWOMAN WOMBLE: Okay. So, it is case by case.
MR. LUKASZ: It's case by case, yes.
MR. PETTY: Madam Chair, if! can add to that, Pelican Bay, while we are getting past that 25-year timeframe, Pelican
Bay was somewhat unique. FP&L bas two grids, which is makes us extremely stable. If they lose power from one grid, we're
supplied by another. Now, one of the reasons they did that was because we used to have utilities in the middle of Pelican Bay and
it required it there. Pelican Bay Boulevard has utility lines on both sides of the road. So, on Pelican Bay Boulevard, it should be
vel)' easy for us to access power. This particular location, being a side street and not close to a residential area, is why there
wasn~ a grid near by us. But the grid system in Pelican Bay was built above standards at the time and still serves us pretty well
today. So, I don't know that we'll have any trouble in the future in that regard.
CHAIRWOMAN WOMBLE: Okay.
MR. PETTY: I think this may be one of the worst locations we could have picked to start for electric supply, and that
we have a lot of other areas that were a lot more available to us.
DR. RAlA: Hey, Kyle, we've been looking at solar paneling sorne of these things. Is that out of the question?
MR. LUKASZ: Well, these estimates here are based on using solar equipment, but the cost of the equiprnent went down
a little bit because we have the power availability. Some of that cost would go towards bringing the power to the location that we
need it. So, it won't make a significant cost or price difference on the estimates that you see up there.
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16' lA-L'P
DR. RAIA: Well, are we going to do this with solar or with power?
MR. LUKASZ: If! can get the power I would suggest using the power because then we can combine the costs with the
installation of the bollards and this project here.
DR. RAIA: Well, why can't evetything go to solar, go solar, including the bubblers? I thought we had discussed that.
MR. LUKASZ: I wouldn't consider that a good electrical supply for the bubblers.
MR. LEVY: Now, we have a crosswalk at the north tram station. I happen to think.that's a vel)' noticeable crosswalk.
don't know if there's any other opinions on that crosswalk or not.
MR. IAIZZO: It is vel)' noticeable but it seems like the cars don't care, the drivers that is.
MR. LUKASZ: We added signs to that crosswalk on the north.
MR. LEVY: There are other signs there, but it doesn~ have to be an illuminated crosswalk.
MR. LUKASZ: But the Sheriff's Department does set up there because they get complaints of cars going through that,
through that crosswalk.
MR. LEVY: Yeah. Yeah. But if cars are going to go through a crosswalk if they can see it whether you illuminate it or
not they are aware it's a crosswalk. We're talking about setting standards here in Pelican Bay and we're looking at a huge
difference in cost. We're talking twelve thousand eight to $56,000. You know, that's a lot of money it's evel)' ones money in
Pelican Bay that we're supposed to be looking out for. So, for one community to come forward and say, yeah, we want the
$56,000 one, well, I mean that's natural but I think we've got to put some judgment on this matter.
MR. PETTY: Is the 56,000 one the gold standard?
CHAIRWOMAN WOMBLE: Yes.
MR. BURKE: Let's just say we go ahead and do that. Another project comes along and we say you're going to get the
$12,800 deal. So, once we set the gold standard, that's it; right?
MR. PETTY: Unless there's a policy behind it, Mr. Burke, and one thing for you to consider, is if you're going to do
illuminated crosswalks, the theol)' behind that is, well. that's only effective at night. So, only if you expect night pedestrians
would you consider an illuminated crosswalk.
MR. BURKE: Okay.
MR. PETTY: In this particular case I think that's part of the intent, and it could be at the Commons but is not since that
closes at sunset. So, that may be the policy backing up your decision.
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MR. BURKE: Yeah. Yeah.
MR. IAIZZO: It's a good point.
MR. BURKE: What's next?
CHAIRWOMAN WOMBLE: Well, we can vote now or wait until the next meeting.
MR. PETTY: Madam Chair, for any expenditure out of the '09 budget, since we don~ have a defined capital program,
we would ask you to vote each time you want to do a capital program, and this would be considered one of those.
CHAIRWOMAN WOMBLE: Okay. Do I need to rnake a motion on this? I need Robert's Rules here.
MR. PETTY: Madam Chairman, may I suggest that you ask if there's someone who wishes to make such a motion?
CHAIRWOMAN WOMBLE: Okay. Let's have a motion somebody, please.
MR. BURKE: I would make a motion that we go with the $56,000 gold standard backed up by the fact that we're doing
it because of the heavy night pedestrian traffic there.
MR. PETTY: Madam Chair, may we ask that Mr. Burke add on that the funds would be from fiscal year '09?
MR.BURKE: Yeah. For fiscal year '09.
MR. PETTY: Thank you.
CHAIRWOMAN WOMBLE: We don't have a second?
DR. RAIA: I'll second it.
CHAIRWOMAN WOMBLE: Okay. All in favor?
MR. BURKE: Aye.
MR. RATA: Aye.
MR. LEVY: Aye.
MR. BOLAND: Aye.
MS. ALVAREZ: Aye.
CHAIRWOMAN WOMBLE: Those opposed?
MR. IAIZZO: Opposed.
Mr. M. James Burke moved, seeonded by Dr. Ted Raia, and approved
by a vote of 6 to I to approve the fully illuminated crosswalk for Myra Janco Daniels
Blvd. because of the night time pedestrian traffic and that this project will move
forward in FY 2009.
------~~-- -- -- -~~~------
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COMMUNITY ISSUES
CHAIRWOMAN WOMBLE: Okay. The motion is carried and we'll go forward with that in the 2009 budget. Okay.
Do we have any community issues that anyone would like to bring up either on the board or folks helping us out here in the
audience? Okay. It looks like there are no plan reviews.
MR. PETTY: No, Madam Chair. All we have is some housekeeping matters that we dropped off for each board
member; the monthly financials, the ordinance that the county was considering, and a few other odds and ends. Other than that,
we have nothing to bring to your attention.
COMMIITEE REOUEST
CHAIRWOMAN WOMBLE: Any committee requests that I'm not aware of?
MR. BURKE: Madam Chair, I would suggest that we not wait until October for our next meeting because the
conspiracy theories and the misconceptions are starting to spread in print and everyplace else. I would recommend we try to get
some control or order over this Clam Bay thing. And we may be in a position to better do it when or if the new ordinance passes.
We know what it is, we know what the makeup is and we have a full board. So, I would say not to wait a month.
MS. ALVAREZ: When are we expected to have a response on the new members?
MR. PETTY: Madam Chair, I think Mr. Burke's suggestion is something that you can consider. Let me suggest to you
that we try and pick a date sometime in the middle of the month around 15th, 16th type deal, or if that's a workday. And should
they approve it next Tuesday, what we'll also do is see if we can't get Mr. Mudd or Mr. Ochs out here to walk through that process
if it is approved. If it's not approved, we won't need either one of them. But that way you'll get it directly from the horse's mouth
and you'll save a part of me anyway from being chewed on a little bit, if we can allow them to come out and speak to you directly.
CHAIRWOMAN WOMBLE: September 15th happens to be a Wednesday.
MR. PETTY: So, Madam Chair, we can have staff work with you all to poll you for a date where we can have a quorum
and check with the County Manager's office for availability as well and try to schedule that in mid September?
CHAIRWOMAN WOMBLE: Okay. And that would be the best time to put that into a bulletin so that people in the
community know about it?
MR. BURKE: And, Madam Chair, ] would suggest that we do better than a quorum because there's going to be some
important issues.
DR. RAIA: I'm going to be gone so I don't know if anybody else is going to be gone at that time, so let people know
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right now.
CHAIRWOMAN WOMBLE: If we have the new names for the board rnembers who are to be sitting here, we'll have
them here also if they are in town.
MR. PETTY: We hope to, yes.
MR. WZZO: When are the new board members coming on board?
CHAIRWOMAN WOMBLE: As soon as their names are issued, yeah.
MR. IAIZZO: I thought it was issued.
CHAIRWOMAN WOMBLE: No. No. They have to be accepted by the board and appointed.
MR. IAIZZO: It will be accepted then this Tuesday, next week.
MR. PETTY: It will be considered on Tuesday.
CHAIRWOMAN WOMBLE: It's up to the commissioners to decide whether or not they want to decide who the two
slots would be filled by.
MR. PETTY: So, then, Madam Chair, staffwill be talking to you all and then we'll try to set that up in mid September
and make sure we get enough time so that we can notice the rneeting as well for the public. And we will try and get as many
board members as we possibly can.
CHAIRWOMAN WOMBLE: All right. Ted, when are you going to be gone? What dates?
DR. RAJA: I am leaving Friday and I will not return until September 28th. And I purposely planned that so I wouldn't
miss the meeting.
CHAIRWOMAN WOMBLE: Been there, done that. I understand.
MR. lAlZZO: I have a question, John. Robert Pendergrass, where do we stand with him? He has not been in our
meetings for how long now? Do you have any idea on this?
MR. PETTY: Mr. Pendergrass has been in communication with staff on his absenteeism from this board. He bas a
family issue that he is addressing, and it isn~ from lack of interest. It's just that family comes first.
MR. lAIZZO: All right.
DR. RAIA: He seems to make the Foundation Board meetings. I'm little concerned about that.
MR. PETTY: Well, some family members maybe he likes better than others. But it is our understanding that he has
talked to the past chairman about stepping down from the Finance and Budget Committee as Chair because of these obligations,
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and that he has been telling staff that it has been family issues is the reason he hasn't been able to attend.
MR. IAIZZO: Is he out of town or in town? Do you know?
MR. PETTY: Mary, do you know? I don't really know.
MS. MCCAUGHTRY: No, I don't really know. He did tell me he would be available for a meeting on 9/10 or after, so
I would think that that would be something he will be able to do.
MR. BOLAND: John, no question it demands fumily responsibilities, but it's am"'ling. He basn't missed a Foundation
Board meeting, so his family member gets sick and we have -- kind -- kind of an odd coincidence, that's all.
AUDIENCE COMMENTS
CHAIRWOMAN WOMBLE: Okay. Duly noted. All right. Any comments from the audience?
MS. PETKER: Thank you vel)' much concerning the pedestrian safety in the crosswalk.
ADJOURN
CHAIRWOMAN WOMBLE: Absolutely. You're important to us. All right. Do I have a motion to adjourn?
Mr. M. James Burke moved, seconded by Dr. Ted Raia, and
unanimously approved to adjourn the meeting.
-~~----~--------- -=
There being no further business, the meeting was adjoumed by order of the Chairwoman at 2:50 p.m.
TRANSCRIPT PREPARED BY GREGORY COURT REPORTING SERVICE, INC. AND EDITED AND FORMATTED BY
MARY MCCAUGHTRY, RECORDING SECRETARY, PELICAN BAY SERVICES DIVISION.
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THE CLAM BAY COMMfITEE
MINUTES - JUNE 18,2008
NAPLES, FLORIDA
LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division Board, met in Regular
Session on this dale, June 18,2008 at 10:00 A.M., at Thc Hammock Oak CenlL'f, S960 IIammock Oak Drivc Naples,
Florida 3410S with the following members present
Mr. John Domenie, Chairman
Ms. Aunette Alvarez
Mr. James Burke (Absent)
Ms. Mmy Aunc Womble
Dr. Ted Raia (Ah;cnt)
Also Preseot Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations
Manager, Pelican Bay Services Division; Ms. Janioc Lamed, District OffICeS, LLC; Mr. Tim Hall, Turrell, Hall and Associates,
Inc.; (3) Members of the Pelican Bay Services Division Board, Mr. Colenl8D Connell, Mr, John Boland, Mr. John laizzo; Ms.
Kathy Worley, Conservancy of Collier Coun1y: Mmy McCaughtry, Recording Secretmy, Pelican Bay Services Division and
Carolyn Ford, Court Reporter,
AGENDA
I. Roll Call
2. Approval of Minutes of the May 21, 2008 Meeting
3. Audience Participation
4. Discussion of Ncw Permit with DEP
5. Discussion of New Pennit ArnlY Corp of Engineers
6. Update Status of One Year Extension.
7. Update Status or New 5-Year Permit
8. Status of Markers in Clam Pass/Outer Clam Ray
9. Additional Water Quality Testing
10. Audience Comments
II. Adjourn
ROLLCALL
CHAIRMAN [)()MENlE: Let us call the meeting to order. Roll call, please.
MS. McCAUGHTRY: Mr. Chairman there are three out of five members present constituting a qucrum with Dr. Raia
and Jim Burke having excused absences.
CHAIRMAN DOMENIE: I have onc question before we get tbe approval of the minutes. 1 received something from, I
guess from you, Mmy, but the call is different from the one we received in this agenda. BecalL'" in it, it says Collier County
ordinance number such-and-such as amended required that all lobbyists shaIl before engaging in any lobbying activities, et cetera,
that was not in your original agenda Who added that; do VOlt know?
MS. McCAUGHTRY: I sorry I did not and do not know about it.
Misc. Corres:
Date:
item#'
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June 18.20OS
CHAIRMAN DOMENlli: It comes und<.T your name. that's why I (Mr. Petly looked at the document referred to).
MR. PETTY: It's a Iypo. It was in an add-{)l1.
APPROVAL OF MINUTES
CHAIRMAN DOMENIE: I don~ know if it's a typo. I was questioning it Well, let's go then on to the approval of the
minutes of the May 21st meeting Does anybody have any comments on it?
MS. WOMBLE: m approve.
MS. ALVAREZ: I'll second
CHAIRMAN DOMENIE: Motion passed.
Ms. Womble _ved seconded by Ms. Alvarez and approved unanimously the Minutes
ofthe May 11, 1008 Meeling.
AUDIENCE PARTIOPATION
CHAIRMAN DOMb""NIE: All right. Now we have audience participation and invite anybody to come up, speak at the
microphone. If you have something, identilY yourself, whcreyou live, and please speak up.
DISCUSSION OF NEW PERMIT WIlli DEP
CHAIRMAN DOMENIE: Nobody bas anything to say? Thank you. Now, the next item is discussion of new penmt
with the DEP. Where do we stand <m the new permit, John?
MR PETTY: Mr. Chairman, our environmental engineer, Turrell, Hall & Associates, is working on the options of a
pemut with both DEP and the Corps and whatever other entity we may need 10 gel a permit from to go forward for the next
five-year period after this extension cycle of our existing permit Tim can discuss what be's gone through so far. Since we are
going after a new-style permit, we thought it would be beneficial that TwrelI. HaIl & Associates walk us through that process so
that we cau become acclimated to it. So m defer to Tim at this time.
CHAIRMAN DOMENIE: Okay. Thank you.
MR. HALL: Okay. Well, at the 1a.'1 meeting I passed out the revised management plan that my office bas been working
on putting together. One of the questions that arose at that last subconunittec meeting was, do we really need a pCTIDlt or can we
continue with all of our maintenauce activities under an exemption or the exempt status that the DEP grants for rnaintenance of
existing channels and so forth?
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MR. PETTY: Tim, excuse me, I'm going to step in sometimes. We have two permiL,cUDmtly, the Corps and DEP, and
when we go forward, we may have to get again multiple p"rmits,
MR, HALL: Correct.
MR. PETTY: And this is the DEP side that you're referring to?
MR. HALL: Yes. 11I.-peak <m lI1e DEP side fjr..1 because that's where most of the diseussionshave been held to dale.
The DEP does have exemptions that arc granted for dredging in terms of maintenance; however, there are certain criteria that have
to be met to quaWY for that exempt status. One of the items that's in there is that the soil material or the dirt lI1at you dig out as part
of your maintenancc activity has to be contained, has to be held on an upland disposal site. When we do the beach or do the
dredging of the pass and the sand is put up on the beach above the mean high water line, that's a contained upland site. However,
when we dig the channels through the mangroves, that material is broadcast out be.ide those channels, which is not an upland
disposal site. That's other wetlands so the material's dug out of the channels and spread out into other wetlands. Because of thai,
my opinion the entire time has been that we don't qualifY for that exemption, Based on a recent e-mail that I reoeived back from
DEP, there was an acknowledgment of that: That i1' wc weren't containing the material in an upland disposal site and it wasnl
completely cordoned off with silk harriers and so forth, then it's likely that we will need a pL'IJIlit to continue those activities. So,
my opimon uow, is the same as it bas been, that it's in Pelican Bay's best interest to pursue a new pennit to allow them to continue
maintaining those channels as we have been doing under the old permit; and th<.'I1 also put in the flexibility that would allow us to
dig new channels, if needed, in areas of stress that may arise.
CHAIRMAN DOMENIE: Tim, whL'11 we do maintenance, I wouldn't call it dredging; but of some of tlle small channels
in the interior, they're are 18 inches wide, perhaps two feet wide, if that mu~ if we do maintenance, I call it dredging, but it's just
with a shovel I suppose, what do we do with that dirt? Are you saying that we cannot just put it on the side and then we have to
put up some sort of a harrier when we do that?
MR. HALL: We do, right now we do put it on the side,
CHAIRMAN OOMENIE: Right.
MR. HALL: And because of that, because of the way we do it, we don~ qualifY for the exempti<m If we dug the
material out and they put it in wheelbanuws or in S()mething and took it over and put it on a benn or in an area and had it piled off
and all we may be able to qualitY for an exc1tlption doing that; but because of the way our maintenance is dIme, it would cause
more hann to the mangroves to try to collect all of that dirt and haul it out of there..
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CHAIRMAN IX)MENIE: Right.
MR HALL: .....than it docs to broadcast.
CHAIRMAN DOMENIE: I don't undc'f''land. What is our exemption that we don~ qualiry for'I
MR PETTY: Sir it is'll't an exemption What we're talking about is DEP during an informal meeting with other members
of the County gOVernn:JL""Ilt and the public had discussed the possibility that Pelican Bay Services Division could continue on
without an additioual pcTmit from DEP. You've heard lron1 stafl'in the past saying that, well; that's very nice that we heard thIS
olThand conversation, but staff has strongly recommended that we gel a permit or a letter from DEP, that I'm going to refer to in
the future as a no-pernrit pemIit, that allows us to do any maintenance back there. Because if I've got crews back there and they're
wOlking amongst mangroves, the last thing I need is to get an inJunction from DEP and a fme because they forgot what they said
in a conversation to another govermnent ageney or another government division of the County. Tim has been rcscarching it and
has tound that this offhand conversation doesn't really apply to us because we never did dispose of our material in an upland
manner. We always broadcast it. So tbe asswnption made by the DEP staffer at this informal conversation doesn~ apply to us.
And, the other conversations being held outside of these meetings are probably inappropriate tOr tlus board's coru;ideratiou.
CHAIRMAN DOMENIE: But we're only talking about the very small ChWlllels. Were not talking about the dredging of
Clam Pass because we did disposc of the material when we did that into upland holding areas.
MR. PETTY: No. sir. That's not quite accurate. Beach acceptable material .
CHAIRMAN OOMENIE: Beach acceptable both .
MR PETTY: ... .on the beach? Now, the other remember if wc went deeper into the pass that is not acceptable.
CI-lAIRMAN DOMENIE: No. And that was pumped sort of behind the sand..
MR PETTY: This is broadcasting.
CHAIRMANDOMENIE: Okay.
MR. PETTY: We're not going to pile upland, so to speak, when we may not be above the lugh tide. I don't know.
MR. HALL: Mr. Domenie's actually correct In some of those areas where we were digging out the muck, it was put on
the backside of the dunc, which actually is upland. 1bat was pumped to the backside of the dune. I lowever, in that case, it was
done hydraulically and so there was water and all that rc1umed back into the mangroves. From that, the material was pumped up
there in kind of a liquid form or in a slurry and then the water kind of runs off it and comes back into the mangroves again.
Because of that return water, that activity is not exempt either. There are some water quality considerations and all that have to be
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taken into account. 'Ibe exempt activity is when you dig it out like with a clam bucket or something and you put it over on the
upland and that's kind of the end of it or with the beach rnatclial that goes up onto the beach. Again, in my opinion, and I believe
that's been now verified by the local DEI' and given the manner of work that we do, we do need a p..,nmt.
CHAIRMAN OOMENIE: When you say the local DEI', arc you talking about Fort Myelx?
MR HALL: Yes, sir.
CHAIRMAN DOMENIE: Now, this brings up an interesting question. Why can~ we mvite somebody from the DEP to
come to an official meeting and let them state that correctly in fmnt of us? Is there any restriction on us inviting somebcxiy from
the DEI' to come here and attend our meeting and I would like that for the full board meeting and if the person says I can only
make it on a Tuesday or something like that, then we adjust our IX18ld meeting accordingly. I mean, arc thcrc any reshictions,
John. for us to invite somebody limn the DEP or the Coast Guard or anybody else to come to one of our meetings and report what
is being said? Because apparently there is some qu.",ions about that.
MR PETTY: Sir. we can invite whoever you like. Ibat doesn't mean that there won't be actions taken regarding the
matter.
CHAIRMAN OOMENlli: How do you mean action taken regarding tbe matter? Are you saying that somebody would
objcct?
MR. PETTY: No, sir. There will be an action taken based on that. And the action that will be taken will be by your
staft; me mclnded. If the board wishes to talk directly to the DEI' or the Corps or the Coast Guard or any other goverrnuent entity,
in a situation like this, staff is going to Lake that as a direct instruction that all such colTespondence with these entities must be done
directly with the board, and staff will uo long~'r be your agents in that regard other than to invite the groups h~'re. So we've tried to
come today to clarifY the issue. If you believe that further clarification should come din,ctly from the agency that tells staff that
they should not be involved in the process. So there are ramifications, if you wilL in the process hy doing so particularly wh~'fC
there is this issue of we wish to talk to tbem direct to clarifY the issue. That's basically saying that the w....k that Tim's doing and the
work that Kyle's doing and the work that I'm doing may be clouding the issue.
CHAIRMAN DOMENlE: I don't see that. The only thing that I can see is if you get somclxxly to come in here and once
they ,1stc something that we might not be in agreement with !bern, we have it down in writing. Whereas, if you meet with them
informally, you can discuss e<..'rtain things, I suppose. Hut I do not agree that by inviting them to come here that we are bypassmg
anything that Tim or Kyle or you have said. Ilhink wc'reju", going to support what you are saying and we're not bypas:.ing you at
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Clam Bay Committee Minutes
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all.
MR PETTY: Sir, I do not meet with thcm informally. I don~ meet "ith tht.'m so(,ia\ly. I don~ meet with these kind 01
bureaucratic issues unless I'm directed or part of my job responsibilities. We'll be glad to invite them. 11mt's not a problem, but the
issue that I gave you of whether or not there is a reliance on what staffbtings to you isreal.
CHAIRMAN DOMENIE: All I'm asking is that somebody from DEP come do\\11, and I think we'll bring illlp 10 the
general board meeting so that the general board can eithl,.'T vote on it or not.
MR. PETTY: We will take thaI dIrection. sir. And should they "ish to speak directly to them, again, your ,iaIT is not
here to impede.
CHAIRMANDOMENIE: Okay.
MR. PETTY: For the Samc Rcason, we're very good at covering our rear ends and that's what we11 probably end up
doing if the board wishes to gel into direct conversations with DEP and take direction from that, then we will respond accordmgly.
CHAIRMAN DOMENIE: Okay.
MR PETTY: Il'sjust a way of us handling our Job, sir It's not meant to be an impedance in you asking questions at all
or in talking with these peoplc. But when you havc Tim, who gets paid a fee to do this as our project engineer, and yow'
admini,trator is paid a fee to do this; and your stalr gets paid a fee to have these discussions and the-y're basically sayiug that that's
not enough, we need DEP to give le.,,1imony before the board and we need to be able to ask them questions, that lells stair what
must be done in the future as well.
CHAIRMAN DOMENIE: I disagree completely willi what you're saying the..... Because he seemed to indicate thaI the'rc
was some confusion and that -- regarding the possible -- you even asked for a possible kiter. So that indicates to me that there is
some confusion in the matter.
MS. WOMBLE: John, is your concern that whatever they decide, should be part of thc record? Is that, sony not John
Petty, I am ,peaking to John Domenie.
CHAIRMAN DOMENIE: Parrlon me?
MS. WOMB] ,K Are you concerned whatever DEP is saying needs to be in the record so that we have it?
CI!AlRMAN DOMl:-:NIE: I think so. I mean, if I bear what Tim is saying that there appe"''S kl be some conlllsicm on the
matter, I think it would be desimblc to get that clarified.
MR HALL: I think the confusion, when I lalkcd a1xlUt that, is there have been a lot of people outside of the IXlard or
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outside of the direct :-.1aff, be it jolm or myself or anybody else, there are outside interest') that have also been in direct
communication with DEP. And DEP, the local DEP in F0I1 Myers, dOt.'S not have a history with this p,:n:nit. Your pemnt was
onginally issued in Tallahassee. And it's a Tallahassee olTicc, Beaches and Coastal Systems that havc been processing it over thc
past ten years. The fact that it's going to the local DEP or the Fort Myers DEP for the renewal is because of the c1ari1ication of
roles of the different departments of DEP and who does what. So a rC'Ilewal would come through tbe Fort Myers regulatory office.
And que'1ions that have been asked to them, they have responded to in a general nature without knowing the actual specitics of
what goes on in this system because thcy're not flDllihar with the permit and with the management plan because they haven~ been
involved with it.
CHAIRMAN DOMENIE: I think that tells me even more that they should come here and visit the system and what is
happening. I think you're just conlirming what I'm saying.
MR HALL: Well, I mean, fmishing the thought, tbe confusion was generated because when these outside mter",;ts wC're
talking to DEP basically the gist of it was that we just want to maintain and keep doing what wc've been doing, Well. from a
regulators' standpoint, maintenance is usually exempt activity because the way the original work was donc and so fOlth. So their
initial comments were that you probahly don~ need a """'fIllit if all you're doing is maiutaining YOIJT system. Well, they said that
without knowing the specifics of the work. So that's what's generated the confusion is that those initial discussions resulted in
possihihties that mysell~ as your paid consultant, doesn't think is actually an accuratc representation of what can occur. So I have
been actually doing a lot of, I don~ even know the word, but I've been being mt from all sides because, well, these people are
saying we don~ need a permit and you're saying that we do. And [tmnk there has been maybe some feeling because I am a paid
consultant, it's in my 00,,1 interest to process a permit for you people. But, I mean, believe me, given the cODlplexity of these
issues, if you didn't need a permit and I didn't think you needed a permit, I would not be recommending one.
CHAIRMAN DOMENIE: Oh, I don~ question your integrity at all.
MS. WOMBLE: No. Proof of the pudding was when you said "our pemlit," you know.
MR HALL: That's just where we are right now because there has been a lot of confusion 'There has been a lot of people
involved.
MR. PETTY: Well, hold on. Hold on Tbere's been a In! of confusion in the public sector.
MR. HALL: Yes
MR. PETTY: Have you been confused, Tim\'
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MR HALL: No. I have not been confused.
MR. PETTY: Thank you. And now, Mr. Chainnan, hold on. These p<.nnit., are very complicated which is why we pay
him the $100,000 on up a year and the reason why we spent over $2 1/2 million over the years is because it is a complex issue.
We have a lot of well-meaning people who are getting involved, some of which understand the process, but a lot of which don't
and there has been some confu,-ion in the public and in diseussion,. What we thought we were bringing to you today was a very
stable understanding of the process that your staff is clUTmtly working and your staft. is not confused. But if you want further
tc'Stimouy from the agencies themselves, staff will take that direction from the board
CHAIRMAN DOMENIE: I will bring it up to the whole board at the next meeting. Now, Tim, another thing, you keep
refening to outside interests. I wish you would idc'Iltify those outside interests for us, please.
MR. HALL: Yes.
CHAIRMAN IX)MENIE: Be specific. This is an op<.'Il meeting.
MR. HALL: 1 mean, people that have been in contact with DEP include the Coastal Zone Management offioe, which
would be Gary McAlpin and Pamela Keyes working undc'r Gary. '[here would be Dr. Bu.'iC'r from the Seagate community has been
m contact with DEI', both local and Tallahassee, the Mangrove Action Group, mostly through Marcia Cravens, has been in direct
contact with both of them, and the City of Naples through Dr. Bauer has been in contact with them as wcll. So from those four
aspects [don't know. 1 think Dr. Bauer's involvement was more dealing with some water quality issues and all and the sea grass
issues that were in Outer Clam Bay hut rather than as -- or thc pennit as a whole, but all of those four entities have been
questioning DEI' with regard to the Pehcan Bay Services Division pennil.
CHAIRMAN DOMENIE: Does, I know I'm digressing, but does the city or any organiz.ation have any penniN for
Venetian Bay or Moorings Bay? Have there been sea grass ,tudics made of thosc areas?
MR.IWJ.: I d,m't know the answer to that. I can tell you that you don~ need a pennit to do a sea grass study nor do a
water quality study. You don't need a pemrit.
CHAIRMAN DOMENIE: No.
MR. HALL: As long as they're not moving dirt, you know, really they don't need a pennit to do investigative studies.
CHAIRMAN OOMENIE: I had one other question. I undcnltand that Leo Delis feels that we do not need a permIt or
that we were not autborized to proceed on lbe five-year program. Have you heard anything along that line?
MR. HALL: I have not been involved in any of those m<..'Cliull-s or any of those discu.ssion,. I don't know what Mr. Dehs
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does or doesn't think. I believe that Gary McAlpin's opinion is that we don~ need a pennil, again, because DEP told him that
maintenance activities are exempt. But, (L'i I explained carlier, I don't believe that our maink'flunce activities meet those exemption
criteria. So I still believe that we do need II pcmnt
CHAIRMAN DOMENIE: All right. Anybody else have anything? Y 05. Go llhelld. Please identity yournelf
MR. ROELLIG: David Roellig. I was III the meeting on Fort Myel", and I think Ihere are two Ihmgs.
CHAIRMAN DOMENIE: Excuse me. Whlll meeting was this aod who was present?
MR. ROELLIG: Gal}' McAlpin, Jim BUlKC, David Bu.,,"~', Mike Bauer. I think it was the April 22nd meeting.
MS. CRA VENS April 30th.
MR. ROELLIG: Where this wa, discussc'<l.
CHAIRMAN DOMENIE: What?
MR. ROELLlG: Well, whether or not we needed a permit and whether or not the exist maintenance work is exempt and
the bottom line was if you're going to do any new work, which I think we will do it over the several years, we will need a pernut.
So, I mean, it's buc we can do some things without getting a new pennit; but 10 keep our hands lice 10 be able to do what we need
to do. wc need to go forward with a pcTIIIit. That's basicalJy what was said there. 'Ihe other point as far as bringmg somebody m
from DEI', you could get intonnation from them; but my experience in dealing with people like that is you never get the final
answer because they always have a boss and the boss is always somewhere else or in TallahasSt.."C. You may get some comfort
from it, but you are never going to get a black-aod-while that this is exactly what you have 10 do. You have to get a pennit
application and see where it goes from there. My personal opinion we do need to go forward with a new permit.
CHAIRMAN DOMENIE: Is this the meeting that generated muclcs in the Naples Daily News about Sunshine
violations?
MR. ROELLIG: Yes, I believe it is.
CHAIRMAN DOMENIE: Okay. Do you know where that '1ands?
MR. ROELLlG: Do I know where that stands?
CHAIRMAN DOMENIE: 1here was an article again in loday 's paper.
MR ROELLlG: I didn't see Ihe article, but I have..
CHAIRMAN DOMENIE: I think it was an editoriaL
MR. ROELLIG: Well, whatever. I don~ really have any comment to make on that. I1l have to say that in hindsight I am
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surprised that the County didn't make a public notice nf that meeting, but I'm not an attorney. So I don\ know where this will go
but it was probably a mistake on their part. I don't know. I'm not going to judge tlrat.
CHAJRMAN DOMENIE: Okay. Marcia, you have something?
MS. CRAVENS: Marcia Cravens, Mangrove Action Group. And, just for the record, I'm not confused about any of the
conversations that I have had with DEI' either in Fort Myers or Tallabassee. And tlre)' have made a number of things very clear to
me in tenns of the pcnnitting, in tenns of the channel-marl<er situation, in teons of the informational signs. And it wasn't until I
got involved that some of this started getting straightened out. I do want to make a point to that. h wa,n't until I had convc,'sations
with people in Tallahassee about the signage information and the problem with the language that it actually started taking form to
get fixed. Now, in tenTIS of inviting DEI' people to come here and ,-peak, they are willing, able, and ready. And you can get both
Luey Blair who, by the way, is pretty familiar with Ilie system and the pennit and our management plan. She would be willmg to
come here as long as she's got a free day on her calendar. Also Lainie Edward" Tallahas.= DEI', who was not in person at the
April 30th, Fort Myers, DEP meeting that David Roellig referenced. She was there by teleconferc'llce on speaker phone. And she
would be willing to do the same for us. I think the one thing that people are missing liere is that it is not just that it's Pelican Bay
Services Division that is interested. h's not ju.~ this board It is a community is>'UC. And it's not just a Pelican Bay commuruty
is>1Je. It's an at-large community issue. And I believe there should be an opportunity for not only the board, but the public to be
able to ask questions and get information because there's a great deal of intc'fc'St and concern about what is happeoing here. I don't
think Iliat can occur through a meeting at DEP where there's only a few select individuals that attend. In terms of the letter from
I ,eo Oehs, I have rt. I'm going to enter it in the record. This is a letter -- an e-mail message from Leo Oehs to John Petty. It's dated
June 12th. It was forwarded to me at my request after John Petty made reference to it verbally to me, Who do I give it to?
CHAIRMAN DOMENlE: Can you read it thm?
MS, CRA YENs: I can read it to you. Subject: Collier County news release. And it's actually, 1'\1 have to give all three
pages, because it starts with the poblic notice for today's meeting for Clam Bay, which includes the agenda. And so this is
included with this e-mail from Leo Oehs and this is what he has to say about it.
(As read): Gentleman, what are all these references in tbe meeting notioe below to quote-unquote new pennits? What
dOe:,l1't the PHSD board and staff understand about the County Conunission's recent decision, rot to have the PBSD seek new
pemnts for the Clam Bay estuary? In light of recent correspondmce from the DIP stating a new pennit is not required lor
mangrove area maintenance and restoration and the statement from the ACOE, that's the Army Corps of Engineers, regarding
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channclmarkings, I will be recommending to the County Manage.. that he send a letter to both agencies reqne"Sting close out of
exisiing permits immediately upon achieving full compliance. Then there's a couple of blank lines And it says (as read): I
thought we were an clear alxmt our directions when we met la~t.
Now, J have to add to this, that J sent this as an attached file along with a page taken hom !he County records web link.
That's reachable when you go to the Colhergov.nct s;te which gives the County Manager's report from the April 22nd Commis."<ion
Meeting and exactly what is on the n:cord as to what that motion was and what thc vote eanieu. And I will read that into the
record also. This was item IO-B from the April 22nd, Collier County Board of County Connnission's mct.1ing. (As read): Motion
for a ne'W tlve-year pennit to maintain the hydrology and e-:;tuary of Clam Bay and for Pclican Bay Serviccs Division to prepare,
sign and ",bruit the permit to fcdeml and state agencie'S- Approved four to one. Commissioner Coyle opposed. I just want to add
here about this whole discussion on permits or no pennits, exemption or no eXl.mption. This is something that the Pelican Ray
Services Division and the conummity has every right to discu'<.s and to vel in full. It scem..~ inappropriate to have another
govewmeut eutity directing Pelican Bay Services Division on what they can and cannot discuss or act upon particularly since
Pelican Bay Services DivislOU was ordinanced to do just that. And the e-mail that I sent out winch includes both Leo Ochs' lctte..
and the manager's report fiom the April 22nd. Board of Connni",,;oners Meeting, I also ineluded an attached file of tbe ordinance
of 2006-05. Thank you
CHAIRMAN DOMENIE: Thank you. Thank you.
MS. CRA YENS, Who do I givc this to?
CHAIRMAN DOMENIE: .101m, you rcceived that then horn..
MR PETTY: Yes, Mr. Chairman What was the question?
CHAIRMAN DOMENIE That's okay. John, when you received that, what was YOlO" reaction to that?
MR. PETTY: I don't recall.
CHAIRMAN DOMENIE: Well, you didn't react to it at all then. Is that what you're saying?
MR. PETTY: If you're looking lor was I surprised, shocked, mortified, I laughed, I cried, it became a part of me type
thing, I can't recall. I can tell you that I r""1JOnded to it I don~ know what you mc<'lll "How did I react to it."
CHAIRMAN DOMENIE: Shouldn't YOll have responded to that?
MR PETTY: I did respond to it.
TIlE COURT: You did'!
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MR PETTY: Sure. There was a return e-mail to them.
CHAIRMI\N DOMENIE: Okay. What.
MR PETTY: Apologizing for any conlu"lon or any misunderstanding thaI I may have had ljum lhe last meeling. And I
asked Mr. Ochs to please provide whatever information he could that would help clarify lhe ,-ituation. I reiterated what [ thought
had occurred at the commission meeling but, cvidcnUy, I'm now mistaken and asked him to darity, lmd [ look (,,!Ward to our next
meeting where he could providc that.
CHAIRMAN DOMENIE: Now, you said you had a meeting w-ith him yesterday'.'
MR. PE rTY: I did not say that.
CHAJRMAN DOMb""NIE: I thought earlier whco wc walked in...
MR. PETTY: F<n' the record I did not say thaI in thismccting. You and I talked before the meeting.
CHAIRMAN DOMENIE: Right. Okay. 1hen as a lawyer, have you had any further meetings with Mr. Leo Ochs after
you received that ID{"'"SS3.gC?
MR. PETTY: I talk with Leo all the time. And, yes, we did have an additional meeting. We had that yesterday.
CllAIRMAN DOMENIE: And what was discussed at that and was this ilL,n discusscd?
MR. PETTY: Which item?
CHAIRMAN DOMENIE: John, don't play games.
MR. PETTY: No. What was discus=.! at thc meeting was the Clam Bay pennit. 'Ihe issue of the e-mail was not part of
the discussion.
CHAJRMAN DOMEME: So is he in agrecmmt that we go ahead thm or is he still standing by his e-mail that he sent
you that we have 00 authority apparently?
MR PETTY: His opinion may be the same, but I was listening to Mr. Mudd at the meeting of yesterday who joined me.
CHAIRMAN DOMENIE: Right. And?
MR. PETTY: The status that I have from the County is in two plllts. Ouc is that after our last regularly scheduled board
meeting, a IiWe over a week ago, I went immediately to the County to Ullk with the manager's office. Mr, Burke also wmt. As
you may recall that was discussed at thc meeting. We discu.'<Sed at great length tbe Clam Bay permit, its status, the concerns of the
County, the concerns of Coastal Zone management. Gmy McAlpin was in attendau\,;c. His lx>&'{. the parks and rees director, was
there.
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CHAIRMAN DOMENlE: That was June 4th: right? 1bal was June 4th immediately aller our meeting?
MR. PETTY: 111c meeting lasted about two hours. I regaled them Witil thc histOIY of our meetings, thc many topics that
we've had. our position as represented by the vote, the fact \hat thc board of Pelican Bay Services Division had just voted a non-
binding resolution of nonsupport for the current plan for signage in Clam Bay as they understood. At that meeting I was told by
Leo Ochs that he had been directed by tire County Manager that thc signage issue would he handled by Mr Gary McAlpin of
Coastal Zone Management, and that Pelican Bay Services Division was to stand down on that issue. We didn\ get any direction
from the County Manager. As a division of the County, if he says turn left, staff'dot."'D't have an option to argue. We lum left.
Pelican Bay Services Division docs not have an option since we have no legal position against the Manager. "ll1e Manager has
direction. We took that direction and informed the Chairman of the board of status. As you know we cannot communicate with
all members without breaking Sunshine on this issue.
CHAIRMAN DOMENlli: Well, that's why I'm bringing It up now to fmd out what happened at that meeting. Because I
think we are in an open meeting. We can find out what happened at the meeting. You said you couldn't counnunicatc with us or
the Chairman couldn~ communicatc with us. So I'm lL'<king now in an open meeting exactly what you're telling me now.
MR. PETTY: Yes, sir. The meeting lasted for two hours. 'Ibe gist of that was the County taking control of the permit is
one that we discussed many tlmcs and I've always said the County had the authority to do although we would not favor such a
decision. Leo said at that meeting that all he really wanted was information of what was necessary to be in compliance witll the
permit. We talked at great lengths about how this WlL' not a cut and dried situation; \hat \his was a local issue; that the whole Issue
of signage had bee'l1 brought fOrth by our application and not a requirement of any of thc agencies. It was part of our added-on
session. And it may not be cut and dried. It may be subject to community input or it may vary according to whoevt.'f is revle1"ing
it. That didn~ matter. The County Manager had made a dccisioo and Pelican Bay Scniccs Division was to wait until thai
information came back. When it did come back, Leo said we're going to take the infonnation. We'll sit dO\m and figure out an
action plan from them. He called a meeting for yesterday, Tuesday. He had the information in hand It is the County Manager's
opimon that the Corps of Engineers dOL" require navigational signage an.d that we are in noncompliance with our infonnational
slgnage
CHAIRMAN DOMENlK I'm sorry. That Corps of Engineers requires it and you said something. ] didn~ understand.
MR. PETTY: And the non-navigational signagc, the informational signage, we are in noncompliance of. And hc will
hold both and as directed Mr. McAlpin to get the signs as small as possible so that \hey're as unobtrusive as possible, to lower the
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quantity, and to further discuss with all the elements in Pelican Bay possible compromises to llie 28 or 27 signs planned that he
16) lA-I;1,
cunently had to try and get consensus of somc type, a compromise of some type. And that continued our conversation yesterday
to the is.me of as we go forward, are we looking at a tivc-ycar permit? Arc wc looking at a no-permit permit? What is the
COlmty's interest outside of Pelican Bay Setvices Division'! In that regard ba9iXi on some of the comments that Leo made "ve came
to a conclusion fairly quickly that Pelican Bay Services Division was handling the pt:rmil as authoriz.ed by lbe Board of Collier
County Commission And that while staff elsewhere in the County had suggesti'IDs at the meeting yesterday, the decision was
made and evCl)'onc agreed to it that Pelican Bay Setvices Division would be the one that wmdd handle that and tbe opinions
would s1ay with the opinion holders.
CHAIRMAN DOMENIE: Let me ask onc question At the June 41h meeting, how was Jim Burke introduced? As what?
Did he represent the services division?
MR PETTY: No, sir. No. I was wprcS<-"llting the services division.
CHAIRMAN DOMENIE: And who was he representing?
MR PETTY: Jim Burke.
CHAIRMAN DOMENIE: Jim Burke.
MR PETTY: Yes, sir. I'm sony. He made that clem' when hc camc in.
CHAIRMAN DOMENIE: Okay.
MR PETTY: He asked Ihe question of me. "John, is it neces.""Y that I tell tbese people that I only represent myself'?
And I said, "yes, sir I think that's appropriate after today', meeting".
CHAIRMAN DOME'NlE: Who invited him 10 go?
MR. PETTY: I'm not sure whetllt,r it was Leo or whether it was Gary or who did Ihe in,iting, sir. I just know that his
name was on the list.
CHAIRMAN DOMENIE: And this is not becausc of me, but somehow I would have imagined that eilher our regular
chairman would have gone or the chairman of the Clam Bay Committee would have gone.
MS. WOMBLE: I believe Gary probably has cleared that up in the p.,,1. Part of tbe record of one of our meetings that
Gary said, I don't care who it is, but [ nced a contaet 'ID the board and Jim Burke is our liaison. And I believe in that position he
was asked to be at that meeting. I Ihink he clarified that the other day too during Ihe meeting.
MR. PETTY, lfl may speak to that for just a SL"COlld. 'the issue ofthe contact for Pelican Bay willi all other depaI1ments
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of the County is Pelican Bay Services Division offices, me. Not Blake. That's political contacts and he is politicalliatson. He
talks to other elected officials. Gary McAlpiu is not an elected olTicial. If Gary McAlpin has a question about Pelican Bay
Services Division or the operation of the permit, tlrey should contact the admim;1rator's otlice, my oflice, not my board. I don't
contact his board independently and I don~ expect hun to contact mine.
CHAIRMAN DOMENIE: I d<m't think he has a board.
MR PETTY: I'm sony. I went into a little bit of a rant there, but it's a touchy subject. Gary McAlpin says I need to
know who I can contact politically to lIy aod sway Pelican Bay. Stop it, Gm)'. You got qu,..stioos about thc permit, you contact
staff. You want to get political you're in the \\TOOg position.
CHAIRMAN DOMENIE: Does that mean he could have invited somebody from the Foundation too, right, or property
owners? That's my only point.
MS. CRA YENS: John, may I speak to thaf?
CHAIRMAN DOMENIE: Yes. Sbort.
MS. CRA YENS: Marci Cravens. [believe I can speak to maybe what happcued with that mc'Cting of June 4th. And]
think it stem., from an April meeting.
CHAIRMAN DOMENIE: Ex(x.'pt, MarL'ia, were you present at that meeting?
MS. CRA YENS: I was present at the June 4th mceting. And I wanted to raise my hand and speak to it at that time when
Jim Burke addrcs.'iCd the board. And he was talking about having this meeting aftc'!" the meeting, the one with John Petty and Gary
McAlpin and Leo Delis. I believe Marla Ramsey may have bee" there. But I believe this actually slL'IllS from Jim Burke possibly
calling the meeting as a result of a meeting that was held at Coastal Zone Management Department on April 23"', which was one
of the sub group work groups that I had lx.'Cll part of. I no longer an1. This was the work group for new (lC'I1Dilliug or new
management plan and permitting for the Clam Bay Estuary Improvement disc-nssi()ll group, that sub group. At that meeting at
which myself, Tim Hall. Mike Bauer, Jim Burke, and Gary McAlpin were there. There was no public. Gary McAlpin said to Jim
after there was discussion alxmt Gary McAlpin's agenda, there was discussion from Gary as be looked at Jim and I and he says,
"you two have your work cut out to do". "Jim, can y'm bring Pelican Bay Services IJivision on board behind this"! And,
"Marcia, you bring MAG on board". You know, I'm sony, that just wasnol appropriate, to me to be given direction like that from
Gary McAlpin to bring other entities on board for his agenda. But, I believe that may have been what led to the June 4th meeting.
Thank you.
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CHAIRMAN DOMENIE: Okay. Thank you. I have another que"tiol1. Unfortunately, Jim is not here. There was a
CAC meeting on June 12th at which various items were discussed Clam Bay tide sboal analysi, was discussed. I don~ know
what happened there. And as well as Clam Bay navigatimllu markers were discussed at that June 12th meeting. I unfortunately, I
was not there. Jinl was not there. Wa, anybody there and know what happened at thai meeting?
MR PETTY: Mr. Chairman, that may be Ix,>yond our scope
CHAIRMAN DOMENIE: If they discussed the tide shoal analysis, we have discussed this at many, many meetings, and
thc navigational markers we have discus.'<Cd at many, many meetings.
MR. PETTY: Sir, I'm not saying it isn't a conc,,>rn of Pelican Bay. It may be outside the scope of thc Clam Bay group in
that it doesn't pertain to the pennit And what I want to talk a little hit about is there aTe a lot of entities out there who like to talk
about Clam Bay. As a matter of fact, we've seen a report, you and I, where Clam Bay claims to go all the way down to Naples Bay
and we're wondering how it got so much intluence, It used to stop at Seagale, We had no idea that it had moved. With that ill
mind, as these other entities talk about what may interest their particular group, I don~ know that it is material to us until it actually
gets a physical presence. And in discussion of these thought, or open public comment.s maybe a distraction, that we're chasing
shadows is what I'm lIying to talk a little hit about And maybe since it isn~ an agenda item, to discuss wliat happened at another
entity's meeting where we don't have a vote, wbere it hasn't come before us, we may be chasing shadows here.
CllAIRMAN DOMENIE: Well, it says, a WrnK order for Clam Bay Esluaiy ebb tide shoal analysis. Somehow I tee!,
however, we've discussed this at many of our meetings. We've had Humiston & Moore give us a presentation on it. We've heard
from Tim Hall about it. I think it's something very important, hut if we cannot get a report on it. And what was further discussed
on the navigational markers, I thought, according to you, it was all sort of seUled, why is the CAC now getting involved in it? "Ihat
is what I don't understand and I think we are entitled to know what is being said about Clam Bay at those meetmgs.
MR. PETTY: Sir, if you have directed staff to go get public comments at any of these meetings, of course staff will
comply. If you are directing staff to attend these meetings, if the board so directs, statl will comply. If you're looking to be
confrontational with another County entity through the pohlic meeting process, I'm going to lIy and dissuade you from that; but, of
course, we'll comply if that's what you wish to do.
CHAIRMAN DOMENIE: That's not at all what I'm saying. I am questioning because Jim Burke is a member tllere and
[ was hoping that he would be here to be ahIe to tell us what happened at those meetings because I think it's of interest to us to find
out. I'm not saying thai you or stall or anybody should attend. I just said I'm sony that Jim Burke was not here to brief us on what
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happened.
MR PETTY: [apologizc, Mr. Challman. My whole intent was that by kCqllllg focus on tIle task before us and our
responsibilities, we may be able to use our time more clTiciently; but may be it is outside what I'm cOllsidt.Ting. And there IS
something in the CAe meetings in their public discussiol1<; that may be relevant.
CHAIRMAN DOMENIE: Marcm.
MS. CRA YENS: Marcia Cravens. I did atlt.'Ild the June 12th meeting. It was mily the secood CAC mecting I had
attended. [frrst attended III May and that was because of what oceunud in Aplil. And at the Aplil 23rd meeting, which [ Jusl
earlicr referenced at the Coastal Zone Man~t Ocpar1ment, at that sub group work task meeting, Gary McAlpin had indicated
thaI he was going to take all of the reconunt.'Ddati'IDs from each of his nine sub groups and hc was going to slide tht.1Jl under
through CAC to get tht.'TIl bel()re the BCC. And I can quote-unquote something that be said, I Ie said, 'Inat's one way to skiu the
cat. ] found it pretty disturbing. And since that was the fw..1 reference I had heard about CAC being involved in Clam Bay
business, I determined that I would go to that meeting in May, which I did. And I discovered that it was an agenda ilt.1Jl for the
channel markers and permits. I also went l>Hck through the CAC weh site and I looked at prior agendas. Clam Bay issues have
apparently boeu on the CAC agmdas for some time
CHAIRMAN IX)MENIE: But Marcia, let's just cut to the June 12th.
MS. CRA YENS Okay.
CHAIRMAN DOMENIE: What specitically only those two items. I'm not interested 1Il anything else.
MS. CRA YENS: 'Iney did discuss the channel markers, and Gary McAlpin was present. He said it was moving
forward He was a little more ambiguous with it. "Ihere was discussion alxmt it heing required. And Gary MeAJpm indicated it
was, I can't refc,- to it without my mrtcs, which I don~ have with me from thaI meeting, But I do want to say the sand bypassing
thing was a recommendation by Gary to thc CAC that would approve that work study order by PHSJ tor sand bypassing studIes.
But it also combines preparation and submittal of a permit to take in more sand from the up shoal. That's a key part here. "Inauk
you.
CHAIRMAN DOMENlli: Okay. '1bauk yoo. So your meeting, John, with Jim Mudd was after that CAC meeting. So
whatever. shall we say, was said at that CAC meeting. your meeting, then, c1mified that they're willing to put smaller markers and
study the possibility of reducing the quantity of markers. Is that eorrect then'!
MR PETTY: Sir, what I gave you It."Stimony on earlier is correct subjcct to the proper term is asked and answered.
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CHAIRMAN DOMENIE: Okay. Yes. I just want to make sure so that whatever
MR PETTY: I can't tcll you what the CAe's or Marcia's rendition is accurate or inaccurate or what came f1Th1 and what
came seClmd. I can only tcll you what I know and that came from the meeting of yesterday
CHAIRMAN DOMENIE: So that's what I'm saying. Your meeting yesterday overrides anything that could havc
happened there?
MR. PETTY: I don1 know that, sir
CHAIRMAN DOMENIE: Hopefully.
MR PETTY: I hope.
CHAIRMAN DOMENIE: Yes.
MR PEI'TY: I hoJX.'l what I've given you is accurate information.
DISCUSSION OF NEW PERMIT WITH ACOE
CHAIRMAN DOMENIE: Okay. lhank you. Well, let's get back. Discussions of new pennit Army Corps of
Engineers, I think we've addressed that akeady or do you want to touch on that, Tim? I mean, it's a duplicate
MR HALL: It's not quite a duplicate bot, yes, the same issues are involved with the Corps as well in the fact that we
broadcast that material. 'lbe pennit applicatiou that we make would be a joint application to both DEP and the Corps and then
both of those agencies will act independently in their review of it.
CHAIRMAN DOMENIE: They don't speak to each other. They don~ communicate. Is that what you're saying?
MR. HALL: I wouldn't say that they don't conununicate, but they both review undc'r different rcguIatlODS. The Corps
looks at the federal staudanJs involved with the Clean Water Act and water quality. And the DFl' l,x,ks at the State standanJs. So
they use different criteria in their review.
STATUS OF ONE YEAR EXTENSION
CHAIRMAN DOMENIE: As long as you're up there, let me jump to the next subject. What is the status of our one-year
exiension? Do you have any idea on that?
MR. HALL: They've both been issued. 'Ihe Corps and DEP have both issued the extensions for one year. So the pennit
is now valid through..
CHAIRMAN DOMENIE: July of 2009.
MR. HAl.L: July 01'2009. Corrcct.
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STATUS OF MARKERS
CHAIRMAN DOMENIE: Very good. Thank you very much for that. Well, we've discussed the update status of the
new five-year permit. Regarding thc marke-rs, whilc I don't know how many people have scc." that and I was going to que:,'!ion the
need tOr so many markers, and I think I will still pa""' this out in a moment. I'll get it to you in just a second. John, I'll give you a
copy. I have some other copies here if somebody wants to look at them. And, what I don't understand, if somebody wants to look
at them here, the outer Markers I and 2 and then they havc the inner Markers 3 and 4, if I am a boater and I ll'<C red righl returning
and from the outer markers to that inner marker puts me right on a shoal. And this is what the. fmal program is?
MR. PETTY: Mr. Chairman, at the last meeting the board voted a mID-binding resolution of nonsupport for this
p31ticular plan.
CIIAlRMAN DOMENIE: Right.
MR PETTY: I have met with the County on two "'Parale occasions of which I have spoken about
CHAIRMANDOMb"NlE: Right.
MR PETTY: The County has taken this peimit criteria away from Pelican Bay Services Division and holds it under the
County Manager, which he has the right to do. And fw1ber consideration of whetber a boal ge.t.. caught outside or inside, I'm not
sure what recommendatiou we would be considering to give to the Ix)ard since they've already signed a resolution of nonsupport.
CHAIRMAN DOMENIE: Okay. No. I'm concerocd bocall'lC Gary McAlpin.. .one of the reasons for the markers was
the liability of the County if somebody runs aground. But if I look at this chart, I sure as heck would run aground using this cbart.
So that was my only question. ] also ques!i'ID why we need four markeTS at a 12-loot bridge. ] mean, I'vc navigsted all over the
place including celestial navigation and inshore navigation and I've never seen a bridge 12-foot span with four markers on it but, as
you said, this is out of our hands. It may be out of the hands of this committe.., but I would eocoumge members of Pelican Hay 10
get mvolved.
MS. WOMBLE: John, maybe we should make that available to Gary McAlpin's group so that they can see this and have
that.
CHAIRMAN DOMENIE: You're on that group?
MS. WOMBLE: No.
CHAIRMAN DOMENIE: Tim, you're on that group?
MR. HAl.L: I'd be happy to pass that along, I guess.
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CHAIRMAN DOMENIE: Please do. 'Ibank you very much.
Anything else on the outer -- on markers?
(No response.)
CHAIRMAN DOMENlE: Additional water -- oh, sorry Kathy. Pic",", idcntiJY yourself
MS. WORLEY: Kathy Worley, COnSCrYlUlcy. hum what I understand you're saying you're out of the marker
discussion; is that correct?
CHAIRMAN DOMENIE: Apparently that's what I'm being told
MS. WORLEY: You know, as a citizen, I think you have a right to be heard in any venue. I mean, that is our
DcmOCTatiC right, isn~ it? It is a littlc distmbing that I hcard thc phrasing to kind of back off. I think that's very disturbing in a
country that is ba'led on dem(x;racy. That'sjust my opinion that r think that every citizen ha, a right to be heard. And every board
that represents citiz<:ns if they bring that ID them should be heard. As far as the markers go, I wanted to ",iternte to you-all that I
believe the exterior ones arc very disturbing because the fact of what you were saying It could go over the ebb shoal. And in the
pas1 whenever something like this has happened like at Wiggins, you gel grounded because a pass moves and then they get liable
and then you have to dredge deeper to make it safer. And then you get more problClIlli in there and YOlill cud up like Wiggins Pass
possibly and where they're talking on bow they can handle safety issues. And the ebb shoal that is there onoe was dredged deeper
than it probably should have been What happened was you got erosion on the Pelican Bay Beach side. And because the fact this
pass wants to get back to equilibrium, you get more sand coming in so you have to dredge more. I think that Hunuston & Moore,
one of the local coastal engineers has already said that but you have to check with them for their direct comment. But I was under
the impression that they even said it was about the ebb shoal. So I think what those markers are doing is setting thCU] LIP for
dredging. And I think that this situation really needs to be looked at closely by anylxxly, not just Pelican Bay but any County
entity, not governmental but public that uses Clam Bay as it IS and wants to keep it that wav.
CHAIRMAN DOMENIE: I know you cannot speak for the Conservancy, but has this issue been discussed at any
Conservancy meeting as far as you know?
MS. WORLEY: This is being discllssed at the Conservancy and there is conoern about it. And it's being brought to our
policy department right now to figure out what our stanoe will be on this.
CHAIRMAN DOMENIE: I mean, I think it should be stated that though I cannot speak for the board, hum my own
personal point of view I think this is a waterway for local knowledge. And we are not discouraging people from Seagate from
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using local knowledge to come in, but I personally do not fecI that we have should have outer mmkers like that If you look at the
map, the picture that they providod, it shows the channel that was dug recently. And If you try to line that up with the markeTS,
there's just no way that you can line up either one with lhechannel that was dug or the current channels.
MS. WOMBLE:
Kathy?
MS. WORLEY: Yes.
MS. WOMBLE: Would it be possible for you to contact John Petty or the office tor the Pelican Bay Service Division
Board as soon as you have a clear direction from the Conservancy as to their concems and what might possibly be a beneficial way
of handling this situation?
MS. WORLEY: I, of course, can do that I mean, If John wants it, we'll be sw-eto send him our position.
MS. WOMBLE: I think it would be a good idea to have more knowledgc.
MS. WORJ"EY: Yes, okay.
MS. WOMBLE: How other entities arc feeling about this becalL..<;e it is a puhlic oonct..m and we are here for our
particular community.
MS. WORJ,EY: Right
MS. WOMBLE: And that's the public. So if it is at all possiWe and if notlhe board offICe, call me. I want to know.
MS. WORJ"EY: Okay. All righty. YC'S. Just so you know I will be on vacation starting tomonuw. So I'll get to it
CHAlRMANDOMENJE: Cancel it
MS. WORLEY: I can't It's a family reunion.
MR. PETTY: Before we go I would like to talk about the procedure. Of course you can contact the oflice. It's an
cxccllent suggestion. We are still in the business of managing the pcnnit for all of Clam Bay. The signage i......e may have been
delegated to another department We haven't been censored. The responsibility has been delegated. So, of course, the
Conservancy's opinion is one that we would defInitely want to bring to the board's attention for consideration.
MS. WOMBLE: Thank you.
MR. CRA YENS: Tom Cravens, As Dr. Raia pointed out earlier the NOAA navigation charts and I went out and spent
$24 on one at Boater's World, and I brought it home, and '"lire enough it's stamped IK>n-naVlgable at the entrance of Clam Bay.
think that says a 101.
CIWRMAN DOMENIE: Thank you. Marcia, short, plea",.
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MS. CRA YENS: Okay. I just want to remind the Clam Bay Committee here all of you, I believe, were at the June 4th
Pelican Bay Selvices Division board meeting in which the community carne out. There were non-Pelican Bay rc....idents. Tht.'TC
were non-Seagate residents. lbere were people from lIrrougliout the community \hat spoke up in opposition to that proposal of
28-<x1d markers. And that is how the non-binding resolution discu,,",ion took plane that directed John Petty to send a letter to the
Board of Collier County Commission telling them the opposition Now..
CI IAIRMAN DOMENlE: Let me intemlpt you
MS. CRA YENS Okay.
Cl-IAIRMAN DOMENIE: He has done that and he mentions exactly I think the things that you mentioned.
MS. CRA YENS: Yeah I believe lItat may have gone out in snail mail maybe yesterday. So I don't know how long it
takes them to get it. I believe that lIte crnnmunity in Pelican Bay is represented by PBSD Board and they want this on lIte agenda.
I do not believe that Leo Ochs or anybody else there has a right or is appropriate in telling Pelican Bay Services Division to take it
oft'lIteir agenda when the community wants it there. Thank you.
CHAIRMAN DOMENIK 1bank you.
Anything else on permits or anything like lItaf'
(No response.)
ADDrTIlONAL WATER TESTING
ClIAIRMAN DOMENlli: All right. Then I put down additional water quality testing. And the reason is, I discussed
that in the past, but I think it was April 23rd Gary McAlpin presented something to the Board of Comty Commissioners in which
he states that the Clam Bay Estuary, and I dou't know what he defines as the Clam Bay Estuary, is a significant mangrove forest,
but there's no mangrove forest south of Seagate Drive. Anyway, McAlpin states the Clam Bay Estuary located adjacent to the
Gulf of Mexico within Collier County has experienced alarming increases in nutrient loading over the past several years. And hc's
recommending a study of $250,000 to test our waters, mixing studies, stOlTIl waler runoff C<Illrol modeling, I don't know, but I
guess that was passed by lIte Board of County Commissioners. Does anybody know?
MS. WORLEY: It wasn't brought up yet.
CHAIRMAN DOMENIE: 11 was not passed'l
MS. CRA YENS: It hasn't bee'll brought up yet.
CHAIRMAN DOMENIE: 011, it hasn~? I thought it was brought up tbe nL"Xt day aIler the 4/22.
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MS. CRA YENS: That was the water proposal.
CHAIRM/\NDOMENIE: Okay.
MR. PETTY: We're going to have a beck oftime gelling that ou the n.>cord
CIWRMAN DOMENIE: Kyle, are we doing any additional water t.,,1ing, you know, east ofba,;cally the Commons?
Remember the area?
MR. LUKASZ: We are. We are performing the additional sample points within the water management system up at the
top of the ,yslem, mid ,ystem and each of the basins. Tim h.5 completed that map. We just didn't have it included in the agenda
package.
CI!AIRMAN DOMENIE: Oh, when do you e':pect to complete it?
MR. LUKASZ: Well, it's completed We just need to get it either included in the full board package or we c"n do It at
the next Clam Bay meeting.
CHAIRMAN DOMENIE: Let's have it at the next full board meeting, so when do you expect to start digging those .
MR LUKASZ: We have already.
CHAIRMAN DOMENIE: You have "Iready Okay
MR PETTY: I'msony.
CHAIRMAN DOMENIE: I'm woodering if some of that pollution any water that falls on Route 41 on the Tamiami Trail
and is that in any way close to Gulf Pmk Drive, does that feed into our ,ystem? And I'm just wondering if the souroc of pollullon
isn't perhaps some that is coming from 41 and then down Gulf Pmk Drive. Are you taking that into consideration where you're
taking your water samples? 1 don't know where those sewer lines go.
MR. PETTY: If I could, I don'l know where to start. Onc is you asked where is the pollution coming from there? Sir,
we have no indication of pollution in our :-'1'stem. So I don't know what pollution you're refilling to
CHAIRMAN DOMENIE: I'm referring to the studies that we gel presented. Pollution if that's the incorrect word. I'm
using, 1 gues...., what was in this write-up that was given to the Bee cx[X.."fienced alarming increases in nutrient loadings so..
MR PETTY: I don't know who wrote that, sir. I can tell you that...
CHAIRMAN DOMENIE: I said Gary McAlpin was the one who preSt..nted that
MR PETTY: Gary McAlpin doesn't run the Pelican Bay Services Division wak.'f management lacility, and we have no
knowlcdgc al this time of any contmuinants in the water management system. And I don~ wish the public 10 think that there is, sir,
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unless I'm lIDaware of it.
CHAIRMAN DOMENlE: Tbere has be"" if you look at the figutes pre'sented by Tim Hall; and we've discLL<scd this
before and that's why we're doing the additional testing that the water sampling taken around the Commons has increased, not
almmingly or nothing like that, but sufficie'Dt ti.>r us to look at it fmther to find out whe'l"C this increase is coming from at the
moment. It's not alarming. It is not above allY limits set by whoever sets these standards, but there h..s been a slight increase and
that's why we're doing the additional sampling. 1bat's wby I requested additiooal sampling.
MR PETTY: That comes as news to me, sir. I thought we were doing the additional samplmg becaLL<C of statements
made by other government agencies that Pelican Bay w..s polluting when every informaboo and every data source that we have
over 25-plus yeat~ says the exact opposite. We had discontinued our upland momtoring yem~ ago after 15 yem" of such where it
was shown that there was no material present in the water. But since there were accusations by people outside of Pelican Bay, by
the government agencies, we thought -- at least that was my impressioo. That's what I presented to the budget committee and to
the board was that we were doing this so that we would have good backup data. Should anybody ever accuse us, we could show
that not only was our outsource clean, but that our midland areas of the water management system were also effeetively clean and
our upland areas were also effectively clean. I th,...ght that the area that you had referred to in the ConUDon had been investigated
and had been shown that there was no material issue there to do further researcb other than to keep an eye on the data.
CHAIRMAN DOMENIli: John. I'm sony to disagree with you. As far as I know this upland testing was neve'f as a
remit of any other agency request. It was a request made by me probably originally nine months ago and/or six months ago. And
I'd have to go through all the minutes to see where that was, but it had nothing to do - I was not int1uenced. After we received thc
annual reports, those four studies, alld Tim Hall's study on water quality that I hrought that up, and I'll be happy to bring it to the
full board to show you where it was and . _.
MR PETTY: Sir, all I can do is refer you back to 1979, 1980 when we got our water management permit and the upland
and the midland for part of our permit until the mid to late '80s when we, I'm sony, the early '9Os when we stopped doing that
system, and that is what is being reiterated today. And the first question I was going to have for staff is why did Tim have to do a
map? We have a map.
MR LUKASZ, It shows all the points.
MR PETTY: So, sir, I think there has been a misunderstanding on my part because] thought we werc just in"'lituting an
old program again to start collecting that background data so that we would have the material necessary should an accusation come
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up. I had no idea that you were asking for that as a singular entity hoping to show some item of concern near the Commons. I had
no idea.
AUDIENCE COMMENTS
CHAIRMAN DOMENIE: It was at my request. Anybody else? Does anybody else any audience participation? Any
comments? Board members? Anybodyelse? Going, going once. Going twice.
(No response.)
CHAIRMAN DOMENIE: Can I have a motion to adjoum?
MS. WOMBLE: I move that we so adjoum.
Ms. Womble moved seconded by Ms. Alvarez and approved unanimously to adjourn
the meeting.
CHAIRMAN DOMENIE: Good. Thank you.
***************
There being no further business, the meeting was adjourned by order of the Chairman at 11:15A.M.
CLAM BAY COMMITTEE
~~~-t8-
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CAROLYN J.
FORD, RPR, FPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES
DIVISION.
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Henning
Coyle
Coletta
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RECEIVED
OCi 0 9 2008
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MINUTES OF THE MEETING OF THE COLLIER COUNTY
RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE
'U8fd at County Commissioners
Community Development and Environmental Services [CDES] Building; 2800 North
Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; September 30, 2008
LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area
Review Committee in and for the County of Collier, having conducted Business herein, met
on this date at 9:00 A.M. in REGULAR SESSION at the CDES Building, Rooms 609/610
2800 North Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN, Ron Hamel
VICE CHAIRMAN: Neno Spagna
Brad Cornell
David Farmer
Gary Eidson
Bill McDaniel
Tom Jones
Tammie Nemecek
Fred N. Thomas, Jr. [left meeting at 9:30am]
ALSO PRESENT: CDES staff members Heidi Ashton, Joseph SChrnitt, Thomas Greenwood, Michael
DeRuntz, Mac Hatcher and approximately 20 members of the public.
I. Call Meeting to Order
The meeting was called to order at 9:03AM by Chairman Ron Hamel
n. Roll Call
Roll call was taken, and a quorum was established as 9 of 12 members were present.
m. Approval of Agenda
Mr. Thomas moved to approve the agenda as presented and seconded by Mr. Farmer.
Voice Vote - Unanimously approved
IV. Approval of Minutes of the Septemher 23, 2008 Meeting
Mr. Thomas moved and McDaniel seconded to approve the minutes as distributed. Mr. Hamel
pointed to a name error on page 4 which was acknowledged and directed for correction by staff.
Voice Vote -The Minutes were approved as corrected by unanimous vote.
V. Presentations. Clulirman Hamel asked Tom Greenwood to review several items related to Committee
follow-up on items frorn previous meetings.
A. Establishment bv Committee of t1he "Maturitv" or "Build-out" of tbe RLSA OverIav Area
under the Existine RLSA OverIav. Mr. Greenwood requested that the Committee establish
what it considers the "maturity" or "build out" under the current Credit system. Mr. Greenwood
stated that Wilson Miller presented its estimates of rnaximum Credits under the current Credit
system as well as under the revised system and a recommendation for Credit recalibration during
the September 23 meeting based upon its September 18, 2008 report reviewed with the
Committee. Mr. Greenwood stated that staff presented its estimate of "maWjijjy6n~d ~
11 P age Oate: ~ A t-::t.-
Item# \laTL\ . I
Copies ~()
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under the current Credit system during the September 16 meeting. The cstimates of Credits and
SRA acres comparisons arc as follows:
. Staff report...316,761 Credits and 41,040 SRA acres
. Wilson Miller report....315,000 Credits and 43,312 SRA acres
Mr. Thomas stated that both estimates appear reliable, but that he would favor the use of the
Wilson Miller estimates becausc Wilson Miller will be providing data and analysis and
additional information regarding the comparisons between the current and revised Credit system.
Mr. Thomas moved and Mr. Eidson seconded to accept the estimates provided by Wilson
Miller dated September 18,2008. Upon vote, the motion carried 9-0.
B. Discussion of need to set aside dates for additional meetinl!S. Mr. Greenwood stated that the
last scheduled meeting is October 7 and that it is likely that additional meetings will be required
to finish the Phase II Report. Mr. Eidson moved and Mr. McDaniel seconded to add the
following possible meetings to the Committee schedule all in CDES Rooms 608/609 October
14, October 21, and October 28. Upon vote, the motion carried 9-0.
C. DCA Obiections Recommendation and Comments Reeardine RLSA Lack of Definition of
"Open Lands". Mr. Greenwood stated that this was brought to the Committee's attention on
September 16. The Committee discussed rccommendations by Mr. Greenwood and by Mr. Al
Reynolds of Wilson Miller regarding proposed additional language in Policy 2.2 [in addition to
language previously approved by the Committee on September 2. After discussion, Mr. Eidson
moved and Mr. Thomas seconded to revise thc Committee's action taken on September 2 to
read as follows. Upon vote, the motion carried 9-0.
Policy 2.2
Agriculture lands protected through the use of Stewardship Credits shall be designated as
Stewardship Sending Areas (SSAs) as described in Policy 1.6. The protection mcasures for
SSAs are set forth in Policies 1.6, 1.7, 1.10, and 1.17. In addition to protecting al!riculture
activitics in SSAs within FSA. HSA. and WRA. as further desclibed in Policies 3.1. 3.2 and 3.3.
additional incentives are desired to retain agliculture within ODCn Lands as an alternativc to
conversion of such lands using Baseline Standards as described in PoIicv 1.5. Open Lands are
those lands not desil!Dated SSA. SRA. WRA, HSA. FSA. or public lands on the Rural Lands
Stewardship Area Overlay Map. Open Lands are those lands desclibed in Policy 4.2. Therefore.
in lieu of using the Natural Resource Indcx on land designated Open. these lands shall be
assigned two (2.0) Stewardship Credits per acrc outside of the Area of Critical State Concern
(ACSA). and two and sixth tenths (2.6) Credits per acre within the ACSC. All non-al'Jiculture
uses shall be rernoved and the remaining uses are limited to al'Jiculture Land Use Levels 5. 6
and 7 on the Land Use Matrix. Each laver is discreet and shall be removed sCQuentiallv and
curnulatively in the order presented in the Matrix. If a layer is removed, all uses and activities in
that laver are eliminated and no longer available. Following approval of an Al'Jicultural SSA.
Collier Countv shall update the RLSA Zoning Overlav District Map to delineate the boundaries
of the Al'Jicultural SSA.
D. DiscUllSion of John Passidomo letter dated September 19.2008. on behalf of the Eastern
Collier Property Owners fECPOl Requestine an amendment to Policv 1.6 to make
Stewardship Easements created upon approval of a SSA conditional for a period of 5
vears. ..
Mr. Greenwood pointed out that the Committee was aware of this letter [attached hereto] at the
Septernber 23 meeting but that it was not discussed due to a lack of time. He stated that the
Assistant County Attorney's initial review is that the GMP language be drafted broadly and that
it should not include the details of the conditional SSA. An LDC amendment will formulate the
details and the mechanics. Mr. Thomas stated that the detail of the language should be in the
2IPag,~
11-....--.--.....
16flk,1
LOC. Mr. Jones stated that he supports the concept and would like to refer this request of Mr.
Passidomo to the County Attorney to work out the language. Mr. Farmer stated that he supports
the concept and Mr. Ru.... Priddy stated that this is "huge" and very important, to both the large
and the smaller property owners in the RLSA. Mr. Jones moved and Fred Thomas seconded to
refer this item to the County Attorney to work out the language. Upon vote, the motion carried,
9-0.
VI. Old Business
A. Phase 2... Review of GrouP I-Group 5 Policies of the Rural Land Stewardship, inc1udin!!
Issues. Concerns. and Ouestions [concentration on Groups 4 and 5 Policies) as well as data
and analvsis with respect to proposed revisions to the RLSA Overlav
The following is a summary of discussions and Committee actions taken on Policies 4.3 through 4.21 on
September 30, 2008.
....
~C"."~.. . . .. .. ...
Public discussion on SeDtember 30, 2008
Mr. McDaniel stated that he is not comfortable with setting a maximum acreage cap jor SRAs in Policy
4.2. Mr. Eidson and Mr. Russ Priddy stated that there has to be some certainty as to what is going to
happen in the RLS'A Overlay area.
Puhlic Input: none
Staff Comments: The language proposed was submitted on behalf of ECPO for deletion and is no longer
needed.
Committee September 30. 2008 Action: Motion by Mr. Jones and seconded by Mr. Eidson to amend
Policy 4.3 as shown. Upon vote, the motion carried, 8-0.
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......
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PublU: discussion Mr. McDaniel spoke on the VanBuskirk study preparedfor the East ofCR 951 Horizon
Study and that he indicated that Mr_ VanBuskirk on September 29 agreed to provide a briefing of the
study to this Committee in the next two weeks and that staff should coordinate the presentation through
Mike Bosi, the study coordinator. Nick Casa/anguida, via an email shared with the Committee, asked the
Committee to table action on the Group 4 policies until a meeting with ECPO has been held and
discussion of the language has occurred prior to a report back to the Committee.
Public Input:
Staff Comments:
Committee September 30. 2008 Action: The Committee idiiJl/J.i'AAfitJ'r!.pe/liJtfJg a repo rt back from the
Transportation Planning Department and ECPO representatives. Mr. Passidomo stated that a meeting
was held this morning with Transportation and he stated that they may have some language to present as
early as one to two weeks.
FS'l\
hi"""'!'''''; r-''"'''''~;The master Ian shall defme its
access points to the existing transportation network and any oroPOsed nublic roadways. The access tJoints
and orooosed roadwavs shall be generalIv consistent with the countv's build out master oIan. Anv
signjficant deviation from the master olan will require an uodate to the build out master olan.
PublU: Discussion on September 30. 2008
Mr. Passidomo stated that a meeting was held this morning with Transportation he stated that they may
have some language to present as early as one to two weeks. Brad Cornell stated that he wouid like to
have Nancy Payton's proposal on outdoor lighting considered today as it is separate .from the
Transportation language. Nancy Payton stated that the outdoor lighting language ["Dark Shy"] should
go into the RLSA Overlay in general and more specifics would be worked out for LDC language. Nicole
Ryan stated that she supports the language and the lighting standards should be developed for the
connecting roads between the SRAs.
Public Input:
1. Concentrated centers of development will produce a night tirne glow from electric light sources,
the impacts of which should be considered on nearby conservation lands, such as Corkscrew
Swarnp Sanctuary. [Mark Strain]
ECPO Comments: Lighting is a design standard that is considered during the Receiving Area (SRA)
application review.
Staff Comments:
Committee September 30, 2008 Action: Mr. Cornell moved and Mr. Farmer seconded to accept
Nancy Payton's language with the proviso that the word "reasonably" be placed in front of the word
4lpage
u --- ..-...--- .
16' lA-'n
"managed" and that the wording in the last 3 sentences related to transportation be tabled. Upon vote,
the motion carried, 8-0.
t9!~14i~
Public discussion on Seotember 30, 2008
Mr. Al Reynolds stated that the transit language will likely be placed in Policy 4.14 but that Policy
language has yet to be worked out. He stated that the language does not have to be in two policie.t. Brad
Cornell asked about trip capture rates in SRAs. Mr. Jones stated that Ave Maria is "over the rap" r on
trip capture rates}. Al Reynolds stated that the projected trip capture rate was 60% although it i.t now
about 90%. He stated that the trip capture rate will likely get to the 60% range when the town develops
funher. Ms. Ryan stated that the internal capture rate of vehicles is very important and that provisions
for a public tran.tponation master plan among SRAs is very important.
Public Input:
Staff Comments:
Committee September 30. 2008 Action: Ms. Nemecek moved and Mr. McDaniel seconded to leave the
Policy 4.6 language unchanged. Upon vote, the motion carried 8-0.
Public Input:
1. A feasibility study needs to be conducted to determine if the smaller development
nodes, such as 40-100 acre hamlets, can realistically achieve self-sufficiency to
the extent that they are compatible with the overall goals of the program. If these
small development nodes do not contain adequate levels of self containment or
51 Page
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16 I lA- (I
self sufficiency, then their allowance under the RLSA should be reconsidered. [Conservancy]
Note: Also related to the following policies 4.7.2, 4.7.3, 4.7.4, 4.16. 4.17, 4.18
2. No hamlets or "compact rural developments" compact rural development could be a "Coconut
Point," - no cap on size of some types of CRDs. [FWF]
Note: Also related to policies 4.7.3, 4.7.4
The following is an excerpt from a letter dated July 1, 2008 from t1he Conservancy of Soutbwest
Florida addressed to the Committee and received by the Committee on July 1, 2008.
******************************************************************************
The Conservancy believes that no changes in t1he maximum or minimum acreages of SRAs sbouId
be allowed prior to an assessment of all components of SRAs.
"As the premise of the RLSA is to create self-sustaining communities, it is important to ensure that
sufficient infrastructure and services are required for SRAs. Towns (1,000 to 4,000 acres) are meant to
have a full range of housing types. urban level services and infrastructure, including a balance of land
uses that reduce automobile trips - the essence of sustainability. Villages (100 to 1.000 acres) are
primarily residential communities, with a mixed-use village center and services for the various internal
neighborhoods. However, villages do not provide the same extent of infrastructure and services that are
required of a town - in other words, they are not as self-sufficient as a town.
We believe that developments over 1,000 acres should continue to be classified as towns, with all of the
associated infrastructure, goods and services and other amenity requirements, until such time as a
thorough assessment of all forms of SRAs can be completed.
Any proposed change to the SRA acreages should be substantiated by data. We ask that you require such
data prior to recommending any changes, and include as part of the assessment:
. Removal of hamlets as a forrn of SRA,
. The exploration of increasing the allowable size of towns to 5,000 acres, providing that modifications
be justified based on sound planning, transponation considerations, infrastructure and sustainability."
The foUowing is an excerpt of a July 1, 2008, letter from the Conservancy of Southwest Florida
addressed to the Committee and received by t1he Committee on July 1,2008.
******************************************************************************
"Greater specificity is needed regarding the location of future SRAs, including those proposed as
part of the 50 % increase in t1he development footprint.
The proposed numbers assigned to the base credits within the proposed new Agricultural Pteservation
category will be sufficient to entitle 15.000 acres of additional development. What is unclear is whether
this amount of additional development is consistent with the desired build-out of the RLSA.
Consideration of transportation, essential services, and other infrastructure must be factored into any
assessment of increased entitlement for development
The Conservancy recommends that additional specificity be provided as to where future SRAs will be
located. Such specificity would provide some of the assurance needed to determine how much additional
development would be appropriate for the RLSA, keeping in mind the need to balance uses and ensure
future sustainability.
6lpage
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1611~(1
By increasing the development footprint of the RLSA, the proposal apparently includes an
expectation that new roads and transportation infrastructure will be built in environmentally
sensitive lands to serve the anticipated additional new development. As secondary impacts of the
development proposed in this plan, they need to be assessed and accounted for.
New roads should be aligned to avoid impacting environmentally sensitive areas, including areas
determined to be important panther corridors or habitat areas. In order to assess the appropriate amount of
avoidance and mitigation that will be required, and to determine whether this proposal will provide a net
benefit in the protection of panthers and other listed species, these impacts from additional roads and road
improvements need to be assessed and accounted for concurrently with this proposed plan.
The Conservancy believes that any proposed transportation plan should be based upon the principle that
good land use planning must guide transportation planning. Road networks that are created simply to
accommodate new development should not be part of the RLSA. Instead, developmcnt must be sited in
the most compatible locations, taking into account existing roads, distance to goods, services,
employment and other destinations. Such planning will not only be beneficial to protection of natural
resources, but cost County taxpayers less money in the future."
The following is an excerpt from the letter date July 1, 2008, from the Conservancy of Southwest
Florida to Paul Souza of the South Florida Ecological Services Office of the US Fish an Wildlife
Service as provided to the Committee on July 1, 2008.
******************************************************************************
"No Stewardship Receiving Areas should be allowed within the Area of Critical State Concern
(ACSC), which is in the immediate vicinity of the OkaIoacoochee Slough panther corridor and
habitat area. Also, villages should not be enlarged in the RLSA program over their current 1,000
acre threshold.
The proposal would apparently allow stewardship receiving areas within the ACSC, therefore, not
entirely preserving it in its current land uses. This area has been identified for its importance for the host
of exceptional natural resource values it offers, not the least of which its function as primary critical habit
and essential movement corridors for the endangered Florida panther. The Conservancy believes based on
the exceptional natural resource value of the ACSC, that stewardship receiving areas are not appropriate
within it.
Additionally, the size of villages in the RLSA program area should not be increased to 1,500 acres (a 50%
increase over the current allowable limit of 1,000 acres), but instead remain at or below the current 1,000
acre threshold. Developments over 1,000 acre should continue to be handled as towns, which have
additional requirements for infrastructure and amenities. Villages do not provide the same extent of
infrastructure and services that are required of a town - in other words, they are not as self-sufficient as a
town so will result in additional transportation impacts, which in turn would have an adverse irnpact on
panthers who are routinely being killed on Collier roads by cars. Therefore, the Conservancy believes
that developments over 1,000 acres should continue to be classified as towns, with all of the associated
infrastructure, goods and services and other amenity requirements, until such time as a thorough
assessment of all forms of SRAs and proposed changes to the SRA acreages are substantiated by data. "
ECPO Comments: The Eastern Collier Property Owners propose the following relative to forms and
characteristics of SRA's:
7lPage
-lr----------.
16' 1kl1
. Hamlets are not a permitted form of SRA.
. Towns shall not be more than 5,000 acres.
. Outside the Area of Critical State Concern, Villages shall not be rnore than ] ,500 acres.
Within the Area of Critical State Concern, the existing Collier RLSA Overlay Program shall
apply to Villages.
. Towns shall not be located within the Area of Critical State Concern.
. Compact Rural Development (CRD) primary uses shall be associated with research,
education, tourism or recreation and shall not be more than 100 acres.
Public discussion on September 30. 2008
Mr. Cornell stated that hamlets are too small to be self sustaining and could be seen as controlled
sprawl.
Staff Comments:
Committee Sentember 30, 2008 Action: Mr. Eidson moved and Mr. Cornell seconded to amend the
language of Policy 4.7 as shown. Upon vote, the motion carried, 8-0.
g'''iic' 'r~qtl
.~...9'~Y.i\m"._.
Public Input: Towns shall not exceed 5,000 acres. [submitted as part of t1he July 1, 2008 submittal to
the Committee entitled, "Florida Panther Protection Program" dated June 30, 2008]
Staff Comments:
Policy 4.]5 was deleted and replaced with new Policies 4.15.1, 4.15.2, and 4.]5.3. The above
amendments would harrnonize Policy 4.7.1 with these three ~ew \>?licies,
Committee September 30. 2008 Action: The Committee ti;jil~~rgpijifji:ff& a report backfrom the
Transportation Planning Department and ECPO. Mr. Passidomo stated that a meeting was held this
8lPagc
'11""
16' lhn
morning with Transportation he stated that they may have some language to present as early as One to
two weeks.
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Public Input: Outside the Area of Critical State Concern, Villages shall not exceed 1,500 acres. Inside
the Area of Critical Concern, the current Collier County RLSA Overlay standards shall apply to
Villages. [submitted as part of the July 1,2008 submittal to the Committee entitled, "Florida
Panther Protection Program" dated June 30, 2008]
SeDtember 30, 2008 discussion
Nicole Ryan stated that, rather than increase to size of a village, the density should be consideredfr>r an
increase. Mr. Eidson asked what the problem would be in increasing the maximum size of a village.
Christian Spilker stated that he supports the elimination of hamlets because it is difficult to develop
hamlets from an economic standpoint because there is a substantial commercial requirement if over 1000
acres in size. He stated that villages with a larger footprint are easier to develop and it also now includes
public benefit uses which were subtracted from the maximum area permissible. Mr. Jones restated what
Mr. Spilker stated. Mr. Priddy stated that he concurs with the J,500 maximum allowable acre
amendment. Anita Jenkins state that she also agreed with this amendment, stating that open space
requirements on a 1,000 acre SRA would limit development on 650 acres which is not enough land to
justify proceeding economically with a village. Mr. McDaniel stated that he did not disagree with Ms.
Ryan about raising densities, but stated that doing such may not be feasible.
Staff Comments:
Committee September 30, 2008 Action: Mr. Eidson moved and Ms. Nemecek seconded to amend
Policy 4.7.2 as shown. Upon vote, the motion carried, 8-0.
91
, ..- ,- --'---,r-'---
16' l;tn
Public Input: Hamlets will be eliminated as a form of SRA [submitted as part of t\he July I, 2008
submittal to the Committee entitled, "Florida Pant\her Protection Program" dated June 30, 2008]
ECPO Comments: The Eastern Collier Property Owners propose the following relative to forms and
characteristics of SRA' s:
. Hamlets are not a permitted form of SRA.
. Towns shall not be more than 5,000 acres.
. Outside the Area of Critical State Concern, Villages shall not be more than 1,500 acres.
Within the Area of Critical State Concern, the existing Collier RLSA Overlay Program shall
apply to Villages.
. Towns shall not be located within the Area of Critical State Concern.
. Cornpact Rural Development (CRD) primaty uses shall be associated with research,
education, tourism or recreation and shall not be more than 100 acres.
Staff Comments:
Committee September 30. 2008 Action: Ms. Nemecek moved and Mr. McDaniel seconded to delete
Policy 4.7.3 as it relates to hamlets which are proposed for deletion. Upon vote, the motion carried 8-0.
, "i ., -
Poli~YJ:1l.7i414'"7.3
Public Input:
I. Compact Rural Developments (CRDs) seem to be too loosely designated and could provide a
loophole for increased development in areas that are already built up. A CRD of 100 acres or less
lOlpagc
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16 , l.+n
seems to be a meaningless designation and it is my belief that this type of development could be
dropped. [Judith Hushon]
2. Compact Rural Development ("CRD") shall include, as a permitted use, eco tourism lodging,
rccreational hunting and fishing enterprises, and family homesteads for the Rural Landowners.
[submitted as part of the July I, 2008 submittal to the Committee entitled, "Florida Panther
Protection Program" dated June 30, 2008]
ECPO Comments: The Eastern Collier Property Owners propose the following relative to forms and
characteristics of SRA' s:
. Hamlets are not a permitted form of SRA.
. Towns shall not be more than 5,000 acres.
. Outside the Area of Critical State Concern, Villages shall not be more than 1,500 acres.
Within the Area of Critical State Concern, the existing Collier RLSA Overlay Program shall
apply to Villages.
. Towns shall not be located within the Area of Critical State Concern.
. Compact Rural Development (CRD) primary uses shall be associated with research,
education, tourism or recreation and shall not be more than 100 acres.
Staff Comments: The language amendments were provided by ECPO via Wilson Miller.
Committee SeDtember 30, 2008 Action: Mr. Eidson moved and Mr. Cornell seconded to amend
current Policy 4.7.4 as shown.
*91i~4:~
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Public Input:
I. Buffers from wildlife habitat were established at distances that did not adequately
address hydrologic impacts. The hydrological impacts of agricultural uses are far
different than the uses of a town or village and these need to be better understood
to assure no impacts to surrounding wetlands. Agricultural control elevations
should be compared for compatibility with changes brought on by developrnent. [Mark Strain]
Note: Also relates to Policy 4.12 and 4.13
, .mA ,ibtit.s~'Doi;: .. ncroach" O;SUch.""'as' "ahd.sb....ll\biiffot
'':''.'S'' '-"...!{'l"'~';<-"~~"~';;""'",\l~ij~""'^,'''' '''''>:''~'~'~~''''$'l'>'_J"' -Jj."~~."""~1ii'i;::';;"li",~if;,;<~;,-:...'_,,
A'., $ 'uP ...,. "'. .,.,." .' .' '. "t" """ .~~ .... ~ ,$ ..,~' .... ."..... ,
-" . "."ov"",,'N>n 0"008. 0:......... , Y.'.. . .WIUlOOt
"""';"'_.'''''''';"'~'';i'~f.';-t'r~" OiA'i~~::'> ";:~':""t"~"""i#":;""'<""~~';~:'" .' ,-. .. -".,
.~fu;~Oiiulh~,'wi(Mjoy"~Y:3,i2i@'iI no:
ECPO Comments: We are not aware of any data that supports the oplmon that buffers are
inadequate. Buffers were included within the RLSA program as a land use planning technique to
provide a transition between receiving areas and natural areas, primarily for the benefit of water
quality and wildlife. The state and federal wetland permitting procedures meticulously review
existing wetland hydroperiod data, proposed surface water management designs, outfall control
elevations, etc., with the expressed purpose of preventing hydrologic impacts to surrounding
wetlands. The SFWMD Basis of Review for Environmental Resource Permits details these
procedures. Permits are not issued until the applicant can demonstrate that the proposed activity does
not hydrologically impact these wetlands, regardless of the buffer location or distance. As part of the
Environmental Resource permitting process, control elevations are determined based on average wet
season water table elevation as typically determined by hydro-biological indicators, soil types, ground
water well monitoring data, and surrounding permitted control elevations.
lllpugc
.'1[------
16' 1'+"
2. The Conservancy believes that wider buffers around HSAs, FSAs and Water
Retention Areas (WRAs) should be required and should be examined during the
five-year assessment. Note: Also relates to Policy 4.12 and 4.13 [Conservancy]
ECPO Comments: The most current peer-reviewed research on panther habitat utilization
concluded, "[Our] results indicated that forests are the habitats selected by panthers and generally
support the current United Stales Fish and Wildlife Service panther habitat ranking system." (Land,
Shindle et. aI., 2008). This research employed GPS collars to characterize panther habitat selection
during nocturnal and diurnal periods, and compared GPS data to standard diurnal VHF radiotelemetry
data. As such, this research does represent "the best available Florida panther science" and does not
support the Conservancy's contention that the RLSA panther habitat methodology needs to be
revised.
3. Currently, WRAs are allowed to be used as either SSAs or as part of the water
managernent system for a SRA. The Conservancy believes the appropriateness of utilizing WRAs
as part of storm water managemcnt should be reevaluated,
especially for those WRAs that are part of historic wetland flowways and would
benefit frorn restoration. However, if certain WRAs are dcemed acceptable for
stonnwater treatment and are incorporatcd as part of the development's
stonnwater treatment system for a development project, their acreage should be
included within the maximum acreage of the SRA. The Conservancy would like
to see this changed in Policy 3.13 and othcr applicable policies. Note: Also relates to Policy 4.12
and 4.13 [CoDServancy]
ECPO Comments: ECPO supports the RLSA Review Committee arnendment made on Septernber
16,2008 to Policy 3.13.
Staff Comments:
Buffer requirements for FSAs and HSAs for adjacent SRAs allow open space uses such as required yards
and lakes immediately adjacent to them. There should be a minimum buffer with no area of impact.
[Engineering and Environmental Services Department] Note: Also relates to Policy 4.12 and 4.13.
Committee SeDtember 30. 2008 Action: Mr. Jones moved and Mr. McDaniel secoMed to leave Policy
4.8 unchanged. Upon vote, the motion carried, 8-0.
:eqI1~i<t!"
12/1'.1 :.' c'
11
1611*"
Public Input:
Staff Comments: Listed species that utilize uplands are not adequately protected by the NRI score. It is
thought that this need is limited. However, the designation of the Ave Maria SRA did identify a caracara
nest and habitat areas that did not score greater than 1.2. There were numerous listed species in farm
ditches, fallow fields, and marshy areas within pastures. The only native habitat with protected species
was some small remnant marshes within the pastures. The SSAs created to enable this SRA removed the
development rights (except for agriculture and essential services) from approximately 13,352 acres of a
mixture of pasture and row crop fields. Staff is uncertain whether the increase in NRI score would result
in more on-site preservation of habitat. ICDES Environmental Services]
Public discussion on SeDtember 30, 2008
Mr. McDaniel stated that the environmental provision.\" heing advanced could he put into the NRl and/or
LDC Mr. Cornell stated that the language seemsfi,cused so that one does not have to use credits and is
persuaded that it is something that should he considered. Mac Hatcher stated that the NRl scores will not
protect these nests as the hald eagle is no longer a listed species. Mr. McDaniel asked if there could not
he and adjustment to the NRI. Mac Hatcher stated that adjustment to the NRl score would he very
complicated and difficult to do. Mr. Jones stated that he is opposed to the language proposed because
we might he looking at protecting nests in ditches and hecause the RLSA program is not set up to address
all listed species and that he is not comjortahle with the language proposed. Hejimher stated that Policy
4.9 is not broken and because these concerns are addressed through the Federal and State permit
processes. Mr. Eidson asked if there is enough protection...Mr. Jones says yes and the countv says no.
He stated that hefeels the DCA looks at agricultural protection/irsl and environmental projection second
and, because of that. he would not favor adding the environmental language. Tim Durham stated that
Ihe environmental protections arc already in place and that he could not see where the added language
would add value or solve a problem. Mr. Jones stated that he would like to keep in the sentence which
provided exemptionsjor in/yastructure necessary to serve permitted uses. Nancy Payton asked why one
would construct a road through a critical hahitat areas. Mr. Jones slated that the language rejerring to
critieal habilat area should he striken as it has not heen dejined. Anita Jenkins stated thallhe "WRA"
also needs to be removed.
Committee September 30. 2008 Action: Mr. Jones moved and Mr. McDaniel seconded to keep the
language amendment in the second sentence and the additional sentence exempting infrastructure
necessary to serve permitted uses from the restriction and that all the other language provided by
Environmental Services not he included in the amended Policy 4.9. Upon vote, the motion carried 7-1
with Brad Cornell voting against the motion.
..... ....,.
",' , .
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11
1611~'1
Public Input:
Staff Comments:
Committee Seutember 30. 2008 Action: Mr. Jones moved and Mr. Cornell seconded to provide an
amendment to Policy 4.10 as outlined above which amendments were advance by ECPO. Upon vote;
motion carried, 8-0.
-m-'"
~~U!~:;1'1
Public Input:
Staff Comments:
Committee Seutember 30, 2008 Action: Ms. Nemecek moved and Mr. Jones seconded to leave Policy
4.11 unchanged. Upon vote, the motion carried. 7-0. Mr. Farmer temporarily stepped outside the room.
Public Input:
Staff Comments:
Committee Seutember 30.2008 Action: Mr. McDaniel moved and Mr. Jones seconded to leave Policy
4.12 unchanged. Upon vote, the motion carried, 7-0. Mr. Farmer temporarily stepped outside the room.
Public Input:
Staff Comments:
141 P age
'"11"'
16 I 1~ n
Committee September 30. 2008 Action: Ms. Nemecek moved and Mr. McDaniel seconded to leave
Policy 4.13 unchanged. Upon vote, the motion carried, 7-0. Mr. Farmer temporarily stepped outside the
room.
R'dfi~m"; .
.",,!WE.4
Public Input:
I. Vesting issues and concurrency were not adequately addressed and as a result separate developer
contribution agreements are being created that provide excessive development rights beyond
those contemplated in the original SRA.DCA's should not be allowed until an SRA is approved in
order to better understand the impacts from the SRA. [Mark Strain]
ECPO Comments: Policy 4.14 of the RLSA Overlay subjects all SRAs to the County's adopted
Concurrency Management System. Developer Contribution Agreements are used throughout
Collier County as a mechanism to address concurrency issues through public-private partnerships
to improve the transportation network. All such agreements are subject to Board of County
Commissioner approval and must be found consistent with the Growth Management Plan and
Land Development Code. In order to assure the impacts of an SRA (or any development) are
addressed and mitigated, Developer Contribution Agreements are approved either prior to or
concurrent with approval of the development. DRI's, such as Ave Maria, are thoroughly
analyzed because of the Regional Planning Council staff and other reviewing entities analyses
and the transportation and other impacts are well understood prior to approval of the SRA.
15 I P age
-'r
16' 111-"
2. An analysis is needed to determine how is the long range transportation plan is coordinated with
the transportation needs plan and the transportation financially feasible plan for this area. Using
the 5-year modeling of the GMP is inadequate for an area the size of the RLSA and we should be
analyzing the SRA's on their impact to the 30-year build out study.[Mark Strain]
ECPO Comments: The coordination of long range transportation planning with future land use
planning is a continuous process. Historically, the County's long-range transportation planning
horizon timeframe has been 20 years. Given that the future population projections of a full-build
condition of the urban areas and RLSA may not occur for 50 or more years, and absent a planning
horizon or transportation rnodel capable of analyzing that timeframe, it is clear that, in the past,
neither the urban areas nor the RLSA have been fully addressed with respect to transportation
planning. To address this need, three separate efforts are underway today that will provide a better
understanding of the future transportation needs of the RLSA. The County is beginning to develop a
County-wide Interactive Growth Model and an updated Long-Range Transportation Model. In
addition to the two County studies, the Eastern Collier Property Owners (ECPO) have undertaken the
task of developing a long-range conceptual plan for the RLSA that depicts one possible scenario of
how environmental and agricultural lands, and lands suitable for development can fit within the
program. While thc areas with the highest environmental value were clearly defined in the current
RLSA Program, lands that would be most suitable for long-term agriculture and likewise those lands
most suitable for long-range development potential were not clearly understood. ECPO has identified
one potential development concept plan that quantifies and locates the amount of development
envisioned at a build-out horizon. While it is only one possible configuration, it does allow for a
conceptual roadway needs analysis to be performed, and allows for a basis of establishing viable
corridors that can be further explored through regular County and State transportation planning
channels. ECPO is working closely with the County in an effort to bring all three of these studies into
alignment. All of these tools should help in the long term evaluation of the transportation needs of
the County. Now, five years after inception, we have a better understanding of how the RLSA will
"grow up" and with the new tools currently being developed, planners can more appropriately
identify and evaluate the transportation system of the future.
Staff Comments:
I. Provide for direct connections between traffic-generating developments so as to reduce travel
tirne, travel expenses, improve interconnectivity, and to keep the use of county arterial roads to a
minimum when traveling between developments in th,e.[{LS;'... [Tr~l?"rtation Division]
Committee Seotember 30. 2008 Action: The Committee ia1i!#4:rgqjjQI"I~fffiffi!iM a report back from the
Transportation Planning Department and ECPO. Mr. Passidomo stated that a meeting was held this
morning with Transportation he stated that they may have some language to present as early as one to
two weeks.
I$liitu,A'i"if'l
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161".. "
--11
16 I 1 ~n
Public Input:
Staff Comments:
Committee SeDtember 30.2008 Action: Ms. Nemecek moved and Mr. McDaniel seconded to amend
Policy 4.15.1 as shown to hannonize with the elimination of hamlets as an SRA. Upon vote, the motion
carried, 7-0. Mr. Farmer temporarily stepped outside the room.
D61i~':;4a512
Ii;"_.~__".".~l"__i"."'
Public Input:
Staff Comments:
Committee SeDtember 30, 2008 Action: Ms. Nemecek moved and Mr. McDaniel seconded to leave
Policy 4.15.2 unchanged. Upon vote, the motion carried, 7-0. Mr. Farmer temporarily stepped outside
the room.
"~~';SCh09h(Rfu,m;isjgf~(';iill6~
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I. Jlitimh&,!if~\1eJl1ii@!;timtii:ii:9ttii?i:.;
2. :t\n es~\!DlI~ 6f,iii~;ri"O~t9fiSi?~9i>1'~1I'qlii.i~!1.for~J~'\\t~1j.PQl
1m c' (I?tlemeii.~...tW:iil.d1j;$IIiJtl.""':liool)"~"
. pa J~ . \'.. . ..-n. _ _...... ou\W.... . . '0...."
3. ,........ ifuiG1.~:"Oc'atift ',.ps:if.jjI:;w "'8ti""~'t.:"'.Jli ';;....~aCilitiesi. ..... :the
1be..~_.. """"cl!.." g;..,P!Il':.. .. ..i!Q]....,,!!'!I""-~_~;>JW,.... . .~~..
SRA'iand thu\t.e' ; 'sires\tbatiiiilaJ:.ge'cledieated; ar '. ,', efwiJe ~~;:(e
, ..~Y... ;V;.. ......... . <<P. ". ....
avllil..\\l~,;foc.alpu!i.lic~i!lioii\i),'f8<lllitf
Public Input:
Staff Comments:
Committee Sentember 30.2008 Action: Mr. McDaniel moved and Ms. Nemecek seconded to leave
Policy 4.15.3 unchanged. Upon vote, the motion carried, 7-0. Mr. Farmer temporarily stepped outside
the room.
.. i()n~;;'<:iiUi6:
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I. Impacts on certain elements of regional infrastructure were not given adequate analysis.
Hurricane evacuation and shelters space, health care facilities and affordable housing as example,
were not adequately addressed and minimum standards should be considered as guidelines for
SRA approval. [Mark Strain]
ECPO Comments: Infrastructure is defined by Collier County as drainage (water management),
roads, potable water and sanitary sewer facilities pursuant to the Code of Laws and Ordinance of
Collier County, Section 106-32. RLSA Policy 4.16 requires that infrastructure be analyzed with each
Stewardship Receiving Area application, and also includes irrigation water and solid waste. It states:
"A SRA shall have adequate infrastructure available to serve the proposed development,
or such infrastructure must be provided concurrently with the demand. The level of
infrastructure provided will depend on the type of development, accepted civil
engineering practices, and WC requirements. The capacity of infrastructure serving the
SRA must be demonstrated during the SRA designation process in accordance with the
Collier County Concurrency Management System in effect at the time of SRA
designation. lnfrastructure to be analyzed includes transportation, potable water,
wastewater, irrigation water, stormwater management, and solid waste_ "
While hurricane shelter space, health care facilities and affordable housing are each important
types of facilities, they are not defmed as infrastructure and not subject to concurrency
management. However, every Town or Village in excess of 2000 units will be required to
undergo DRI review, where regional issues such as hurricane evacuation, health care, and
affordable housing are addressed in accordance with State Law.
With respect to hurricane evacuation, the RLSA is the least vulnerable part of Collier County as
demonstrated by the fact that no part of the RLS falls within a Landfalling Storm Category 1-4
map zone. Accordingly, it is the area least likely to require evacuation_ In implementation, Ave
Maria provided hwTicane shelter for coastal residents within the university buildings, and in
cooperation with Emergency Services, provided storage space for emergency supplies that can be
used throughout the county.
18 I P age
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Planning for health care can only be properly addressed once specific SRAs are proposed.
Hospitals must go through a separate state needs analysis before any new hospital can be
built. These items are addressed by SRA and DR! review procedures.
The need for affordable housing was contemplated during the formation of the RLSA. The GMP
policies, Stewardship Receiving Area Characteristics chart, and associated LDC standards state
that the densities associated with a town, village, hamlet or CRD can be increased beyond the
base density through the affordable housing density bonus. Section 2.06.0I.C of the LDC
specifically addresses the affordable housing density bonus within the RLS. Specific affordable
housing conditions for a particular project are determined during the review and approval process
for an SRA (similar to the PUD and/or DRI review/approval process). Affordablc housing was
provided at Ave Maria in a ratio well in excess of any other large scale community in Collier
County. All infrastructure is carefully analyzed and consider throughout the public hearing
process.
2. Evaluation of water consumption must be compared to actual agricultural pumpage and not
permitted volumes when reviewing consumptive use impacts. Agricultural uses do not use water
12 months a year so their actual use is not consistent with the irnpacts of residential irrigation.
This change in withdrawals over different periods of time should be reviewed for impacts on the
aquifers. Also, when SFWMD converts agricultural water use to landscaping there is a reduction
applied that reduced maximum availability should be used when analyzing water resom-ces for
new SRA's. [Mark Strain]
3. Collier County should require, as part of the evaluation for new towns, villages and hamlets, a
comparison of water consumption proposed for the new developrnent versus actual agricultural
pumpage (not just a comparison of new consumption to permitted volumes) when reviewing
consumptive use irnpacts. [Conservancy]
ECPO Comments: Applicants are required to provide an analysis meeting SFWMD standards
during water use permitting to provide assurances that the conversion from agriculture use to
development uses will not cause adverse impacts to groundwater resources, surrounding
wetlands, or surrounding property owners. In rnost cases, the conversion of land from agriculture
to SRA uses reduces the consumption of groundwater by a significant percentage. Climate
conditions vary from year to year, therefore actual pumpage rates and volumes can change
significantly.
4. As it is universally recognized that the wide-scale use of septic systems as a long term solution to
wastewater treatment in Florida is problematic, all SRAs should be required to have a plan for
conversion to a private or public sewer systern. While development may initially be on septic
systems, the plan, with timelines, for conversion to sewer should be in place at the time of
development approval. [Conservancy]
ECPO Comments: RLS Policy 4.16 indicates that interim septic systerns are permitted within
towns, villages and CRD's greater than 100 acres, and individual septic systems are permitted
within hamlets and CRD's less than 100 acres. The conversion of septic systerns to centralized or
decentralized community wastewater utilities is managed through the permitting process and
additional provisions in the GMP are not necessary.
5. New roads and road improvements including potential 1-75 interchange must be included [FWF]
191 p a)! e
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1611~1'
ECPO Comments: Proper planning for new roads and road improvements including a potential
1-75 interchange is the product of coordination between long-range transportation plantting and
future land use planning. Historically, the County's long-range transportation planning horizon
timeframe has been 20 years. Future population projections of a full-build condition of the urban
areas and RLSA may not occur for 50 or more years, and ahsent a planning horizon or
transportation model capable of analyzing that timeframe, it is clear that neither the urban areas
nor the RLSA have been fully addressed with respect to transportation planning. The County is
beginning to develop a County-wide Interactive Growth Model and an updated Long-Range
Transportation Model. The Eastern Collier Property Owners have prepared a Concept Plan that
demonstrates one (of many) possible land use scenarios, Additionally, ECPO has prepared a
preliminary transportation network analysis that supports that Concept Plan, and will be working
closely with the County planners to achieve a consistent and comprehensive analysis of the future
potential of the RLSA. Together these tools should help in the long term evaluation of the
transportation needs of the County. Today, there is a better understanding of how the RLSA is
likely to mature over tirne and with the new tools currently being developed, planners can more
appropriately identify and evaluate the transportation system improvements of the future.
6. Each new development should have to identify traffic contributions, water usage and other
resource requirements at the time they are being planned. You may want to consider the changes
in these variables frorn agriculture to increased density. [Judith Hoshon]
ECPO Comments: See response to number I above.
Staff Comments:
I. Interconnectivity between traffic generating developments in SRAs is consistent with Policy 7.3
of the Future Land Use Element of the Growth Management Plan which states: "All new existing
developments shall be encouraged to connect their streets and their interconnection points with
adjoining neighborhoods or other developments regardless of land use type. [Transportation]
Committee Seotember 30. 200S Action: Mr. Jones moved and Mr.McDaniel seconded to amend
Policy 4.16 as shown by leaving in the ECPO proposed addition and strikethroughs to harmonize the
language with language related to hamlets and CRDs previously approved and not to include anv of the
staff-recommended lanJ!uaJ!e vending further reoort from TransDortation. Upon vote, the motion carried,
8-0.
Public Input:
Staff Comments:
Committee Seotember 30. 2008 Action: Mr. Jones moved and Ms. Nemecek seconded to leave Policy
4.17 unchanged. Upon vote, the motion carried, 8-0.
20lPage
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1611A-11
R(ji~~It\li'8
""_'l~i~Ji,,~
Public Input:
I. Fiscal impact analysis model (FlAM) lll1mmum standards should be no less than minimum
county wide standards as a conservative approach until historic data is acquired. This will provide
the maximum protection to the taxpayers. The analysis needs to be re-visited and the
development provided corrections made every year and include accurate absorption rates, traffic
capture rates and sales demographics, all of which have significant effects on the outcome of the
FlAM. [Mark Strain]
ECPO Comments: FlAM was adopted by the Board of County Commissioners on October 24,
2007, as the official model for review of DRI's, and projects within the RLSA. Since the County
has adopted FlAM, it is advisable for the County to keep the calibrated items up to date with the
most current data available and meeting County-wide standards, such as current budgets, persons
per household, millage rates, etc. Similarly, when an applicant prepares a FlAM for a specific
project, the FlAM will be populated with the initial data projected for the project and
subsequently with the most current data available at the five year interval or phasing dates to
reflect adjusted development plans including sales prices, absorption rates, etc.
Policy 4.18 of the Rural Lands Stewardship Area Overlay District ("RLSAO") and Section
4.08.07.L of the Collier County LDC both require an SRA applicant to submit a FlAM as a part
of the application for SRA approval, and each 5 years after approval. An annual fiscal analysis
and review would not be appropriate as it would not account for the dynamics of the land
development process, the cyclical nature of the economy, nor would it account for the period of
time necessary for a community to rcach a point in its growth where a stabilized balance of
population, facilities and services are reached. The LDC specifically requires that the project
demonstrate fiscal neutrality eveI)' five years as noted below:
" Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA shall
submit to Collier County a fiscal impact analysis report ("Report") every five (5) years
until the SRA is ninety (90) percent built out. The Report will provide a fiscal impact
analysis of the project in accord with the methodology outlined above."
The five year or phase measurement was determined to be an appropriate timefrarne by all parties
participating in the creation of the RLSA program due to the above mentioned reasons and the
fact that there are significant fiscal variations from year to year. This timeframe allowed for the
project to stabilize and to account for economic cycles.
211 P age
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1611~11
In cases where a project does not meet its estimated absorption schedule, then it may not generate
the projected revenues, however, there will also be a corresponding reduction in the cost of public
services. Therefore, any measurement must be in terms of net fiscal imoact, not just revenue
shortfall.
2. Water storage areas that SFWMD allowed for Ag are allowed to be used for developrnent storm
water as well, yet these areas were not required to be included in development acreages nor
analysis provided to determine effects of this additional use. This occurs for many uses within the
developmental areas, thus making it appear as though development is using less acrcagc when in
fact the impacts from development may cause changes to the water quality and quantity in land
that is not part of the SRA. [Mark Strain]
ECPO Comments: ECPO supports the RLSA Review Committee amendment made on
September 16, 2008 to Policy 3.13.
PublU: discussion on SeD/ember 30. 2008
Mr. Greenwood stated that the staff proposed language is intended to following the annual fiscal
budgeting which the county does, both for operating and capital expenditures and revenues and proposes
afiscal neutrality check every year rather than every five years. This would be consistent with the AUIR
and the Capital Improvements Element done each year and the CIE must show committed revenues for
projects during the first 3 years of the CIE, stating that showing impact fees as a major source of
committed revenues may be misleading as impact fees are very difficult to predict lately due to the decline
in construction in recent years. Mr. Farmer stated that 5 years may be too long, but that one year may
be too short. Russ Weyer stated that Fishkind and Associates developed the FlAM used by tM County
and that tM 5 years review was chosen because it allows the SRA to get established and stabilize. He
stated that 50% for transportation purposes were paid up front for the Town of Ave Maria. He referred
to the Developer Contribution Agreement as providing for other sources of private contribution. Mr.
Eidson stated that he feels the language in this policy should be reflective of the language in the LDC. He
wondered who makes up the financial gap and what happens if revenues are not available. Mr.
Greenwood stated that some projects may be delayed or scaled back to fall within available revenues.
Mr. Weyer stated that the revenues fall into two categories...operating and capital. He stated that when
a project is not developing as fast as planned the operating costs of the county are not as high as tMY
would be if development were occurring faster. Mr. Jones stated that he has an issue with a FlAM on an
annual basis. He stated that the first few years is not a good measure for fiscal neutrality. He stated that
he prefers the existing Policy 4.18 language. Mr. Al Reynolds stated that hefeels the existing language is
appropriate.
Staff Comments:
This Policy language should be modified to reflect the language which is already included in LDC
Section, 4.08.07 K.L.2 and LDC Section 4.08.07 K.L.3 as copied below from the LDC. [Comprehensive
Planning Department]
. LDC Section, 4.08.07 K. L. 2. - "Monitoring requirement, To assure fiscal neutrality, the
developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report")
every five (5) years until the SRA is ninety percent built out. The Report will provide a fiscal
impact analysis of the project in accord with the methodology outlined above."
. LDC Section. 4.08.07 K. L. 3. - "Imposition of Special Assessrnents. If the Report identifies a
negative fiscal impact of the project to a unit of local government referenced above, the
landowner will accede to a special assessment on his property to offset such a shortfall or in the
221Page
....-.-. II
16' 1'+11
alternative make a lump surn payment to the unit of local government equal to the present value
of the estimated shortfall for a period covering the previous phase (or five year interval). The
BCC may grant a waiver to accommodate affordable housing."
Committee Seotember 30.2008 Action: Mr. Jones moved and Mr. McDankl seconded to eliminate the
proposal to require a FlAM annually. Upon vote, the motion carried, 8-0. Mr. McDaniel moved and Mr.
Jones seconded to leave ehe remaining language in Policy 4.18 unchanged. Upon Vote, the motion
carried, 7-1 with Mr. Eidson voting against.
~~Ii~~
Public Input:
I. The conversion ratio used to create Stewardship Credits should have been reviewed and applied
in a model as the maximum scenario for development. The averages that were used understated
the growth potential. Future adjustments should be based on a maximum impact analysis to
assure a conservative approach for taxpayers. [Mark Strain]
ECPO Comments: See the memo to Tom Grcenwood from WilsonMiller dated September 18,
2008 [Appendix H].
Staff Comments: In the third line of Policy 4.19 the reference to Policy 4.19 needs to be corrected to
reference Policy 4.20. Policy 4.15 was deleted and Policy 4.15.1 is now the correct reference.
Committee Sentember 30. 2008 Action: Mr. Thomas moved and Mr. McDaniel seconded to amend
Policy 4.19 as shown which is consistent with previous actions taken by the Committee. Upon vote, the
motion carried, 9-0.
POG..4lIlA'''O
. ."<.eli.lf.C'~__
231 p" ,. c'
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16 I 1'+1'
Public Input:
I. In order to ensure that the maximum size of a town is limited to 4,000 acres, the
Conservancy believes that all town uses, including schools and universities,
should be incorporated into the maximum 4,000 acre footprint. [Conservancy]
2. Why is acreage for "Public Benefit" not included within the overall acreage calculation for any
SRA [CCPC]
ECPO Comments: ECPO recommends a revision to Policy 4.20 to includc the acreage of a
public benefit use towards the maximum acreage limits of a SRA.
Publit: discussion AI Reynolds stated that the word "not" in the first sentence should be struck through.
Staff Comments:
Committee SeDtember 30. 2008 Action: Mr. McDaniel moved and Mr. Eidson seconded to approve the
amendment to Policy 4.20 as shown. Upon vote, the motion carried, 8-0.
Public Input:
Staff Comments:
Committee SeDtember 30. 2008 Action: Mr, Spagna moved and Mr. Jones seconded to approve the
amendment to Policy 4.21 as shown. Upon vote, the motion carried, 8-0.
VII. New Business [none]
VIII. Public Comments. James Hammond, Director of Historical Resources of Naples Backyard
History, Slated that he would like to present and discuss the study "Naples Cultnral Landscape" and how
it may relate to what the Committee is currently studying. The Committee invited Mr. Hammond to make
a presentation during its October 7 meeting when it will have more time to review the report with him.
Ms, Payton asked that Attachment C be revised.
rx. Next~eeting
Mr, Hamel stated that the next meeting will be held on October 7, 2008, in Rooms 609/610 of the
CDES Building, 2800 North Horseshoe Drive, in Naples, Fl. from 9:00 A.M. - 12 Noon and will be to
hear a presentation from Mr. Hammond, review Group 4 Policies where action was tabled and Policy 1.6
language [if ready], and complete the review of Group 5 Policies.
24IPapc
16' 1kl'
X. Adjournment
Mr. McDaniel moved to adjourn the meeting, seconded by Mr. Eidson with the motion approved
unanimously with adjournment at 12:05PM.
Rural La~. asSiiwIIJ~~(p Arp.ReView Committee
~"<;;: ~..
~/ Ron amel, ChairDta-n
These minutes approved by the Committee on
amended
, as presented
or as
251Page
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1611*"
EDWARD K. CHEFF'l'
BOARD CERTlAEDClVIL TRIALATTOANEV
SOAAO CERTIFIeD BUSINESS UTIGATlON ATTORNEV
JOHN M. PASSIOOMO
SOARD CERTIFIED AEAl ESTATE ATTORNEY
GEORGE A. WlLSON
BOARD CERTlAEO INIlLS, lllUSTS &. ESTATES ATTORNEY
F. EDWARD JOHNSON
BOARD CERTIFED lNlLLS. TRUSTS &. ESTATES ATIORNEY
JOHN O. KEHOE
BOARD CERTlFED CIVIL TRIAL ATIORNEY
LOUIS D. O'AGOSTfNO
BOARD CERTIfiED APf'EU.ATE PRACTlCEATTORNEY
JEFF M. NOVATT
DAVID A. ZUlIAN
KEVIN A. DENTl
JEFFREY S. HOFFMAN
BOARD aERT/AED WIUS. TRUSTS &. ESTATES ATTORNEV
CHEFFY PASSIDOMO
WILSON & JOHNSON
ATJ'OIlNEYS JJ lAw, UP
821 FIFTH AVENUC SOUTH, SUITE 201
NAPLES, FLORlDA34102
TELEPHONE: (239) 261-9300
fAX; (239) 261.9782
EMAIl: CPWJ@napleslaw.com
LOUIS W. CHEFFY
8QAAO CERTIFIED REAlESTATE ~.1TORNEY
USA H. BARNETT
BOARD CERTIFIED REAl.. ESTATE ATTORNEY
CLAY C. BROOKER
ANDREW H. REISS
WILLIAM J. DEMPSEY
BOARD ceATIFIEO REAl ESTATE ATTORNEY
MICHAEL W. PEmr
CHRISTOPHER J. THORNTON
MICHAEL S. GROSS
JOHN C. CLOUGH
JASON o. LOWE
M. FRANCESCA PASSERI
OF COUNSEL
G~GE L VARNADOE
DIRECT DIAL: (23S)436-1529
OIRECT FAX: (239) 261.0684
September 22, 2008
Mr. Thomas Greenwood
Principal Planner
Comprehensive Planning Department
2800 North Horseshoe Drive
Naples, FL 34105
Re: Collier County RLSA Phase II Policy Group 4
Dear Mr. Greenwood:
Our firm, together with Wilson Miller, Inc., represents Alico, Inc., Pacific Tomato Growers,
Barron Collier Company, Consolidated Citrus, Priddy Farm, Half Circle L Ranch, Ranch One
Coop., English Properties, and Collier Enterprises, who collectively comprise the "Eastern
Collier Property Owners" or ECPO in the ongoing review of the Collier Counly Rural Lands
Stewardship Area ("RLSA").
Pursuant to the established procedures for the 5-year review of the RLSA program, we offer
the fOllowing comments and recommendations for consideration by the Committee during the
Phase 2 process currently underway.
In this letler we will ofter our comments and recommendations related to Policy Group 4. In
subsequenl correspondence we will address Policy Group 5.
Groun 4 Policies
Policy 4.2
1. Evaluation of water consumption must be compared to actual agricultural pumpage and not
permitted volumes when reviewing consumptive use impacts. Agricultural uses do not use
water 12 months a year so their actual use is not consistent with lhe Impacts of residential
irrigation. This change in withdrawals over different periods of time should be reviewed for
--If
161 1kn
Mr. Thomas Greenwood
September 22, 2008
Page 2
impacts on the aquifers. Also, when SFWMD converts agricultural water use to landscaping
there is a reduction applied that reduced maximum availability should be used when
analyzing water resources for new SRA's.
ECPO Comments: Applicants are required to provide an analysis meeting SFWMO
standards during water use permitting to provide assurances that the conversion from
agriculture use to development uses will not cause adverse impacts to groundwater
resources, surrounding wetlands, or surrounding property owners. In most cases, the
conversion of land from agriculture to SRA uses reduces the consumption of groundwater
by a significant percentage. Climate conditions val)' from year to year, therefore actual
pumpage rates and volumes can change significantly. The fact that a farm operation may
not pump its maximum rate in any given year, depending on climate cycles, does not limit
their legal right to do so when the demand dictates.
Regarding seasonal agricultural consumption, Ihere is a large acreage of perennial crops
(e.g. citrus) in the area whose temporai irrigation demand matches that of lawn and
landscape. Seasonal row crops are generally grown in the dl)' season and use substantial
quantities of water when impacts to the aquifer are most critical. Typical landscape dernand
associated with future development should ameliorate rather than further impact the
groundwater resource.
2. The Conservancy strongly supports further delineation of potential areas appropriate for
SRAs within the plan. While the mapping of the FSAs and HSAs are prohibited from being
allowed designation as SRAs, there is a large area (almost 100,000 acres) that could
potentially be used as SRAs. Further refinement of areas where development should be
directed, based on infrastructure and environmental compatibility, should be reviewed. For
exarnple, additional provisions should be included that further directs development and other
Incompatible uses away from the Area of Critical State Concern (ACSC). A maximum
number of towns, villages, hamiets and CROs within the RLSA should also be explored.
ECPO Comments: RLS Policy 4.16 requires that an SRA have adequate infrastruclure
available to serve the proposed development. Infrastructure includes transportation, polable
water, wastewater, irrigation water, stormwater management, and solid waste. SRA
applications are required to include several components including a natural resource index
assessment, an impacl assessment report (relative to infrastructure), and an economic
assessment report. These components are thoroughly considered during the review
process, and it is the responsibility of the applicant to justify the size, location, and land use
components of a particular SRA. One town has been approved since adoption of Ihe RLS
prograrn and it does nol appear that the existing regulations have caused a proliferation of
development in the area. The timing and location of future SRAs will be guided by existing
market conditions and the ability of an applicant to prove that the necessary infrastructure
can be provided and that the project is fiscally neulral or positive.
3. The Conservancy believes that there should be specific guidelines for distance separations
between SRAs. If SRAs are allowed to be located back-Io-back, without any true
separation. mega-towns could result in areas where rural character should be maintained.
ECPO Comments: The goal of the RLS Group 4 Policies is to enable conversion of other
uses in appropriate locations, while discouraging urban sprawl, and encouraging
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16 I lkn
Mr. Thomas Greenwood
September 22, 2008
Page 3
development that utilizes creative land use planning techniques. Specifically, Policy 4.11
requires the perimeter of each SRA be designed to provide a transition from higher density
and intensity uses within the SRA to lower density and intensity uses on adjoining property.
The edges of SRAs are to be well defined and designed to be compatible with the character
of adjoining property. Also, Policy 4.14 requires an SRA to have direct access to a County
collector or arterial road or indirect access via a road provided by the developer, and that no
SRA shall be approved unless the capacity of County collector or arterial road(s) serving the
SRA is demonstrated to be adequate. Since approval of the RLS program, one 5,OOO-acre
town has been approved, while approximately 55,000 acres of SSAs are approved or
pending.
4. There should be more guidance on where towns and villages can be located. As it is written
now, it is possible to locate towns near each other with only a small buffer between which
encourages sprall. Without planning, all the density will be located on the western portion of
the RLSA. Ideally the towns should be spread out, with large agricultural areas between
thern. Maybe a maximum number of towns needs 10 be agreed upon (3?) and the general
areas where these can be iocated indicated on a map. At a minimum, there needs to be
more guidance provided as to where towns can be located and their buffering requirements.
This will facilitate all types of future infrastructure planning by the County.
ECPO Comments: The goal of the RLS Group 4 Policies is to enable conversion of other
uses in appropriate locations, while discouraging urban sprawl, and encouraging
developmenl that utilizes creative land use planning techniques. Specifically, Policy 4.11
requires the perimeter of each SRA be designed to provide a transition from higher density
and intensity uses within the SRA to lower densily and intensity uses on adjoining property.
The edges of SRAs are to be well defined and designed to be compatible with the character
of adjoining property. Aiso, Policy 4.14 requires an SRA to have direct access to a County
collector or arterial road or indirect access via a road provided by the developer, and that no
SRA shall be approved unless the capacity of County collector or arterial road(s) serving the
SRA is demonstrated to be adequate. Since approval of the RLS program, one 5,000-acre
town has been approved, while approximately 55,000 acres of SSAs are approved or
pending.
5. Provide maps of build out scenarios. Further, just as natural resources are mapped, so
should the areas most suitable for development.
ECPO Comments: Areas suitable for development are currently mapped as "Open" on the
RLSA Overlay Map. The RLSA policies and implementing Land Development Code provide
locational and suitability criteria as well as design standards to guide development.
Policy 4.5
6. Concentrated centers of development will produce a night time glow from electric light
sources, the impacts of which should be considered on nearby conservation lands, such as
Corkscrew Swamp Sanctual)'.
ECPO Comments: Lighting is a design standarc that is considered during the Receiving
Area (SRA) application review.
II
16' 1*'1
Mr. Thomas Greenwood
Septernber 22, 2008
Page 4
Policy 4.7,4.7,3, and 4.7.4
7. A feasibility study needs to be conducted to determine if the smaller development nodes,
such as 40-100 acre hamlets, can realistically achieve self.sufficiency to the extent that they
are compatible with the overall goals of the program. If these small development nodes do
not contain adequate levels of self containment or self sufficiency, lhen their allowance
under the RLSA shouid be reconsidered.
8. No harnlets or "compact rural developments" compact rural development could be a
"Coconut Point," . no cap on size of some types of CRDs}.
9. Compact Rurai Developments (CRDs) seem to be too loosely designated and could provide
a loophole for increased development in areas that are already built up. A CRD of 100
acres or less seems to be a meaningless designation and It is rny belief that this type of
development could be dropped.
ECPO Comments: The Eastern Collier Property Owners propose the following relative to
forms and characteristics of SRA's:
. Hamlets are not a permitted form of SRA.
. Towns shall not be more than 5,000 acres.
. Outside the Area of Critical State Concern, Villages shall not be more than 1,500
acres. Within the Area of Critical State Concern, the existing Collier RLSA Overlay
Program shall apply 10 Villages.
. Towns shall not be located within the Area of Critical State Concern.
. Compact Rural Development (CRD) primary uses shall be associated with research.
education, tourism or recreation and shall not be more than 100 acres.
Polley 4.8
10. Buffers from wildlife habitat were established at distances that did not adequately address
hydrologic impacts. The hydrological impacts of agricultural uses are far different than the
uses of a town or village and these need to be better understood to assure no impacts to
surrounding wetlands. Agricultural control elevations should be cornpared for compatibility
with changes brought on by development.
ECPO Comments: We are not aware of any data that supports the opinion that buffers are
inadequate. Buffers were included within the RLSA program as a land use planning
technique to provide a transition between receiving areas and natural areas, primarily for Ihe
benefit of water quality and wildlife. The slale and federal wetland permitting procedures
meticulously review existing wetland hydroperiod data, proposed surface water
management designs, outfall control elevations, etc., with the expressed purpose of
preventing hydrologic impacts to surrounding wetlands. The SFWMD Basis of Review for
Environmental Resource Permits details these procedures. Permits are not issued until the
applicant can demonstrate that the proposed activity does not hydrologically irnpact these
wetlands, regardless of the buffer location or distance. As part of the Environmental
Resource permitting process, control elevations are determined based on average wel
season water table elevation as typically determined by hydro-biological indicators, soil
types, ground water well monitoring data, and surrounding permitted control elevations.
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1611~n
Mr. Thomas Greenwood
September 22. 2008
Page 5
11. The Conservancy believes that wider buffers around HSAs, FSAs and Water Retention
Areas 0NRAs) should be required and should be examined during the five-year assessment.
ECPO Comments: The most current peer-reviewed research on panther habitat utilization
concluded, "[Our] results indicated that forests are the habitats selected by panthers and
generally support the current United States Fish and Wildlife Service panther habitat ranking
system." (Land, Shindle et. aI., 2008). This research employed GPS collars to characterize
panther habitat selection during nocturnal and diurnal periods, and compared GPS data to
standard diumal VHF radiotelemetl)' data. As such, this research does represent "Ihe best
available Florida panther science" and does not support the Conservancy's contention thai
the RLSA panther habilat methodology needs to be revised.
12. Currently, WRAs are allowed to be used as either SSAs or as part of the water management
system for a SRA. The Conservancy believes the appropriateness of utilizing WRAs as part
of stormwater management should be reevaluated, especially for those WRAs that are part
of historic wetland flowways and would benefit from restoration. However, if certain WRAs
are deemed acceptable for stormwater treatment and are incorporated as part of the
development's stormwater treatment system for a development project, their acreage should
be included within the maximum acreage of the SRA. The Conservancy would like to see
this changed in Policy 3.13 and other applicable policies.
ECPO Comments: ECPO supports the RLSA Review Comrnittee amendment made on
September 16, 2008 to Policy 3.13.
Policy 4.14
13. Vesting issues and concurrency were not adequately addressed and as a result separate
developer contribution agreements are being created that provide excessive development
rights beyond those contemplated in the original SRA. DCA's should not be allowed until an
SRA is approved in order to better understand the impacts from the SRA.
ECPO Comments: Policy 4.14 of the RLSA Overlay subjects all SRAs to the County's
adopted Concurrency Management System. Developer Contribution Agreements are used
throughout Collier County as a mechanism to address concurrency issues through public-
private partnerships to improve the transportation network. All such agreements are subject
to Board of County Commissioner approval and must be found consistent with the Growth
Management Plan and Land Development Code. In order to assure the impacts of an SRA
(or any development) are addressed and mitigated, Developer Contribution Agreements are
approved either prior to or concurrent with approval of the development. DRl's, such as Ave
Marla, are thoroughly analyzed because of the Regional Planning Council staff and other
reviewing entities analyses and the transportation and other impacts are well understood
prior to approval of the SRA.
14. An analysis Is needed to determine how is the long range transportation plan is coordinated
with the transportation needs plan and the transportation financially feasible plan for this
area. Using the 5-year modeling of the GMP is inadequate for an area the size of the RLSA
and we should be analyzing the SRA's on their Impact to the 3D-year build out study.
If
16 , 1 ;t11
Mr. Thomas Greenwood
September 22, 2008
Page 6
ECPO Comments: The coordination of long range transportation planning with future land
use planning is a continuous process. Historically, the County's long-range transportation
planning horizon timeframe has been 20 years. Given that the future population projections
of a full-build condition of the urban areas and RLSA may not occur for 50 or more years,
and absent a planning horizon or transportation model capable of analyzing that timeframe,
it is clear that, in the past, neither the urban areas nor the RLSA have been fully addressed
wtth respect to transportation planning. To address this need, three separate efforts are
underway today that will provide a better understanding of the future transportation needs of
the RLSA. The County is beginning to develop a County-wide Interactive Growth Model and
an updated Long-Range Transportation Model. In addition to the two County studies, the
Eastern Collier Property Owners (ECPO) have undertaken the task of developing a long-
range conceptual plan for the RLSA that depicts one possible scenario of how
environmental and agricultural lands, and lands suitable for development can fit within the
program. While the areas with the highest environmental value were clearly defined in the
current RLSA Program, lands that would be most suitable for long-term agriculture and
likewise those lands most suitable for long-range development potential were not clearly
understood. ECPO has identified one potential development concept plan that quantifies
and locates the amount of development envisioned al a build-out horizon. While it is only
one possible configuration, it does allow for a conceptual roadway needs analysis to be
performed, and allows for a basis of eslablishing viable corridors that can be further
explored through regular County and State transportation planning channels. ECPO is
working closely with the County in an effort to bring all three of these studies into alignment.
All of these tools should help in the long term evaluation of the transportation needs of the
County. Now, five years after inception, we have a better understanding of how the RLSA
will "grow up. and with the new tools currently being developed, planners can more
appropriately identify and evaluate the transportation system of the future.
Policy 4.16
15. Impacts on certain elements of regional infrastructure were not given adequate analysis.
Hurricane evacuation and shelters space. health care facilities and affordable housing as
example, were not adequately addressed and minimum standards should be considered as
guidelines for SRA approval.
ECPO Comments: Infrastructure is defined by Collier County as drainage (water
management), roads, potable water and sanitary sewer facilities pursuant to the Code of
Laws and Ordinance of Collier County, Section 106-32. RLSA Policy 4.16 requires that
infrastructure be analyzed with each Stewardship Receiving Area application, and also
includes irrigation water and solid was Ie. It stales:
"A SRA shall have adequate infrastructure available to serve the proposed
development. or such infrastructure must be provided concurrently with the
demand. The level of infrastructure provided will depend on the type of
development, accepted civil engineering practices, and LOC requirements. The
capacity of infrastructure serving the SRA must be demonstrated during the SRA
designation process in accordance with the Collier County Concurrency
Management System in effect at the time of SRA designation. Infrastructure to be
analyzed includes transportation, potable water, wastewater, irrigation water,
stormwater management, and solid waste. "
r---"'"
1611-411
Mr. Thomas Greenwood
September 22, 2008
Page 7
While hurricane shelter space, health care facilities and affordable housing are each
important types of facilities, they are not defined as infrastructure and not subject to
concurrency management. However, every Town or Village in excess of 2000 units will be
required to undergo ORI review, where regional issues such as hurricane evacuation, health
care, and affordable housing are addressed in accordance with State Law.
With respect to hurricane evacuation, the RLSA is the least vulnerable part of Collier County
as demonstrated by lhe fact that no part of the RLS falls within a Landfalling Storm Category
1-4 map zone. Accordingly, it is the area least likely to require evacuation. In
implementation, Ave Maria provided hurricane shelter for coaslal residents within the
university buildings, and in cooperation with Emergency Services, provided storage space
for emergency supplies Ihat can be used throughout the county.
Planning for health care can only be properly addressed once specific SRAs are proposed.
Hospitals must go through a separate state needs analysis before any new hospital can be
built. These items are addressed by SRA and DRI review procedures.
The need for affordable housing was contemplated during the formation of the RLSA. The
GMP policies, Stewardship Receiving Area Characteristics chart, and associated LDC
standards state that the densities associated with a town, village, hamlet or CRD can be
increased beyond the base density through the affordable housing density bonus. Section
2.06.01.C of the LOC specifically addresses the affordable housing density bonus within the
RLS. Specific affordable housing conditions for a particular project are determined during
the review and approval process for an SRA (similar to the PUD and/or DRI review/approval
process). Affordable housing was provided at Ave Maria in a ratio well in excess of any
other large scale community in Collier County. All infrastructure is carefully analyzed and
consider throughoulthe public hearing process.
16. Collier County should require, as part of the evaluation for new towns, villages and hamlels,
a comparison of water consumption proposed for the new development versus actual
agricullural pumpage (not just a comparison of new consumption to permitted volumes)
when reviewing consumptive use impacts.
ECPO Comments: Applicants are required to provide an analysis meeting SFWMD
standards during water use permitting to provide assurances that the conversion from
agriculture use 10 development uses will not cause adverse impacts to groundwater
resources, surrounding wetlands, or surrounding property owners. In most cases, the
conversion of land from agriculture to SRA uses reduces the consumplion of groundwater
by a significant percentage. Climate conditions vary from year to year, therefore actual
pumpage rales and volumes can change significantly.
17. As iI is universally recognized that lhe wide-scale use of septic systems as a long-term
solution to wastewater treatment in Florida Is problematic, all SRAs should be required to
have a plan for conversion to a private or public sewer system. While development may
initially be on septic systems, the plan, with timelines, for conversion to sewer should be in
place at the time of development approval.
ECPO Comments: RLS Policy 4.16 indicates that interim septic systems are permitted
within lowns. villages and CRO's grealer than 100 acres, and individuai septic systems are
lr-----.,"
1611~11
Mr. Thomas Greenwood
Septernber 22, 2008
Page 8
permitted within hamlets and CRD's less than 100 acres. The conversion of septic systems
to centralized or decentralized community wastewaler utilities is managed through the
permitting process and additional provisions in the GMP are not necessary.
18. New roads and road improvements including potential 1-75 interchange must be included
ECPO Comments: Proper planning for new roads and road improvements including a
potential 1-75 interchange is the product of coordination between long-range transportation
planning and future land use planning. Historically, the County's long-range transportation
planning horizon timeframe has been 20 years. Future popuiation projections of a full-build
condition of the urban areas and RLSA may not occur for 50 or more years, and absent a
planning horizon or transportation model capable of analyzing that tlmeframe, it Is clear that
neither the urban areas nor the RLSA have been fully addressed with respect to
transportation planning. The County is beginning to develop a County-wide Interactive
Growth Model and an updated Long-Range Transportation Model. The Eastern Collier
Properly Owners have prepared a Concept Plan that demonstrates one (of many) possible
land use scenarios, Additionally, ECPO has prepared a preliminal)' transportation network
analysis that supports that Concept Plan, and will be working closely with the County
planners to achieve a consistent and comprehensive analysis of the future potential of the
RLSA. Together lhese tools should help in the long term evaluation of the transportation
needs of the County. Today, there is a better understanding of how the RLSA is likely to
mature over time and with the new tools currently being developed, planners can more
appropriately identify and evaluate the transportation system improvements of the future.
19. Each new development should have to identify traffic contributions, water usage and other
resource requirements allhe time they are being planned. You may want to consider the
changes in these variables from agriculture to increased density.
ECPO Comments: See response to number 15 above.
Polley 4.18
20. Fiscal impact analysis model (FlAM) minimum standards should be no less than minimum
county wide standards as a conservative approach until historic data is acquired. This will
provide the maximum protection to the taxpayers. The analysis needs to be re-vislted and
the development provided corrections made every year and include accurate absorption
rates, traffic capture rates and sales demographics, all of which have significant effects on
the outcome of the FlAM.
ECPO Comments: FlAM was adopted by the Board of County Commissioners on October
24,2007, as the official model for review of DRl's, and projects within the RLSA. Since the
County has adopted FlAM, it is advisable for the County to keep the calibrated items up to
date with the most current data available and meeting County-wide slandards, such as
current budgets, persons per household, millage rates, etc. Similarly, when an applicant
prepares a FlAM for a specific project, the FlAM will be populated with the initial data
projected for the project and subsequently with lhe most current data available at lhe five
year interval or phasing dates to reflect adjusted development plans including sales prices,
absorption rates, elc.
"lI"~"'---" ......-.
i6 i ikl1
Mr. Thomas Greenwood
September 22, 2008
Page 9
Policy 4.18 of the Rural Lands Stewardship Area Overlay District ("RLSAO") and Section
4.08.07.L of the Collier County LDC both require an SRA applicant to submit a FlAM as a
part of the application for SRA approval, and each 5 years after approval. An annual fiscal
analysis and review would not be appropriate as it would not account for the dynamics of the
land development process, the cyclical nature of the economy, nor would it account for the
period of time necessal)' for a community to reach a point in its growth where a stabilized
baiance of population. facilities and services are reached. The LDC specifically requires
that the project demonstrate fiscal neutrality every five years as noted O€low:
" Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA
shall submit to Collier County a fiscal impact analysis report ("Report'~ evel)' five
(5) years until the SRA is ninety (90) percent built out. The Report will provide a
fiscal impact analysis of the project In accord with the methodology outlined
above. "
The five year or phase measurement was determined to be an appropriate tlmeframe by all
parties participating in the creation of the RLSA program due to the above mentioned
reasons and the fact that there are significant fiscal variations from year to year. This
timeframe allowed for the project to stabilize and to account for economic cycles.
In cases where a project does not meel ils eslimaled absorption schedule, then it may not
generate the projected revenues, however, Ihere will also be a corresponding reduction in
the cost of public services. Therefore, any measurement must be in terms of net fiscal
imoact, not just revenue shortfall.
21. Water storage areas that SFWMD allowed for Ag were allowed to be used for development
storm water as well, yet these areas were not required to be included in development
acreages nor analysis provided to determine effects of this additional use. This occurs for
many uses within the developmental areas, thus making it appear as though development is
using less acreage when in fact the impacts trom development rnay cause changes to the
water quality and quantity in land that is not part of the SRA.
ECPO Comments: ECPO supports the RLSA Review Committee amendment made on
September 16, 200B to Policy 3.13.
Policy 4.19
22. The conversion ratio used to create Stewardship Credits should have been reviewed and
applied in a model as Ihe rnaximum scenario for development. The averages that were
used understated the growth potential. Future adjustments should be based on a maximum
impact analysis to assure a conservative approach for taxpayers.
ECPO Comments: See the memo to Tom Greenwood from WilsonMiller dated September
18,2008.
\I
16'1~1
Mr. Thomas Greenwood
September 22, 2008
Page 10
Policy 4.20
23. In order to ensure that the maximum size of a town is Iimiled to 4,000 acres, the
Conservancy believes that all town uses, including schools and universities, should be
incorporated into the maximum 4,000 acre footprinl.
24, Why is acreage for "Public Benefit" not included within the overall acreage calculation for
any SRA?
ECPO Comrnents: ECPO recommends a revision to Policy 4.20 to include the acreage of a
public benefit use towards the maximum acreage limits of a SRA.
25. Tie transportation planning to conservation goals
ECPO Comments: Agreed.
We appreciate the opportunity to present this proposal to you and look forward to discussing
any questions you or the Committee may have concerning it.
,
;:~r~
(' John M,..6assidomo
Forthe Firm
6434-13239 #165 - Greenwood ltr 3 ECPO responses to Group 4 comments
'r--'
16' ~'}tn
EDWARD K. CHEFFY
BOAROCERllF1EDCllI1l TRtAlAl'TORNEY
BOAROCERTlFIEO SUSINESS LITIGATION ATTORNEY
JOHN M, PASSfOOMO
BOARD CEfOlFJeO REAL ESTATE ATTORNEY
GEORGE A. WILSON
BOARD C91TIFIEDWllLS, lllUSTS & ESTATES ATTORNEY
F. EDWARD JOHNSON
BOAAD CERnRED WIlLS. TRUSTS 6. ESTATES ATTORNEY
JOHN D. KEHOE
BOAAOCSlTlFEO CIVIL TRIAL-ATTORNEY
!.OUlS O. O'AGOSTlNO
BOARD CERTIFIED APPeL1.An; PRACTICE ATTORNEY
JEFF M. NOVATT
DAVID A. ZULlAN
KEVIN A. DENT!
JEFFREV S. HOFFMAN
BOAROCfRTlFIEOWlU-S. TRUSTS & ESTATES ATTORNEY
CHEFFY PASSIDOMO
WILSON & JOHNSON
ATroItNEYS xc LAw. LLP
8:21 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
TELEPHONE, (239) 28'-9300
FAX: (239) 261.9782
EMAIL: CPWJ@napleslaw.com
LOUIS W. CHEFFY
BOARD CERTIFIED REAl ESTATE ATTORNEY
USA H. BARNETT
BOARD CERTIFIED REAL ESTATE: A.TTORNfY
CLAY C. BROOKER
ANCREW H. REISS
WILLIAM J. DEMPSEY
BOARD CERTIAED REAL ESTATE ATTORNEY
MICHAEL W. PETTIT
CHRISTOPHER J. THORNTON
MICHAEL S. GROSS
JOHN C. ClOUGH
JASON O. LOWE
M. FRANCESCA PASSERI
OF COUNSfl:
GEORGE L. VARNADOE
DIRECT DIAL: (239) 438.1529
DIRECT FAX:. (239) 261.0884
September 19, 2008
Mr. Thomas Greenwood
Principal Planner
Comprehensive Planning Department
2800 North Horseshoe Drive
Naples, FL 34105
Re: Collier County RLSA Phase II
Dear Mr. Greenwood:
Our firm, together with Wilson Miller, Inc., represents Alico, Inc., Pac~ic Tomato Growers,
Barron Collier Company, Consolidated Citrus, Priddy Farm, Half Circle L Ranch, Ranch One
Coop.. English Properties, and Collier Enterprises, who collectively comprise the "Eastern
Collier Property Owners" or ECPO in the ongoing review of the Collier County Rural Lands
Stewardship Area ("RLSA").
In that capacity, we have observed that a lack of certainty that stewardship credits can
be utilized to entitle a SRA and that the SRA can thereafter receive ail necessary permits
required to commence construction can undermine the incentive for property owners to create
and sell stewardship credits which, In turn, can weaken the system for protecting natural
resources and agriculture in the RLSA.
We therefore respectfully propose the attached policy to make stewardship easements
created upon approval of a SSA conditional for a period of 5 years or until one of the following
events occurs at which time the easement becomes permanent:
credits from the SSA are utilized to entitle a SRA and the SRA receives all
necessal)' permits to commence construction;
the SSA owner irrevocably sells the credits to another person; or
'11
1611~11
Mr. Thomas Greenwood
September 19, 2008
Page 2
the SSA owner receives other compensation in exchange for creation of the SSA
easement.
If none of the foregoing events occur during the 5 year conditional period, the owner of
the SSA lands may thereafter revoke the easernent.
Upon revocation of the easement,
the SSA lands revert to base zoning,
Ihe credits generated by the SSA cease to exist,
the rights and obligations created by the easement become null and void, and
if credits from a SSA are used to obtain one or more SRA approvals, the SRA
approvals also terminate.
During the 5 year conditional period, the owner of the SSA lands shall abide by all
conditions and restrictions contained in the stewardship easement regarding maintaining
property conditions and performing management obligations.
We appreciate Ihe opportunity 10 present this proposal to you and look forward to
discussing any questions you or the Committee may have conceming it.
I
f~
6434-13239 #163 - Greenwood ltr 2 ECPO responses to Group 3 comments
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16' 1,.\n
SSA REVERTER POLICY PROPOSAL
Prooosed revision to last sentence of Policv 1 6:
Once land is designated as a SSA, no increase in density or additional uses unspecified in the Stewardship
Sending Area Credit Agreement shall be allowed on such property unless the SSA is tenninated as orovided
elsewhere herein.
---_.__._-~._------_._--------------------------------------------------------------------------------------.-------------..
Pronosed new Drovi~jon:
Notwitbstanding any provIsion herein to tbe contrary, upon initial approval of a Stewardship Sending Area
("SSA''), the Stewardsbip Easement shall be established for a tenn of five years ("Conditional Period") and
shall be deemed a Conditional Stewardship Easement. All conditions and restrictions of the Stewardship
Easement related to maintaining the existing property conditions, including all management obligations of the
owner of the SSA lands, shall be in full force throughout the Conditional Period. If at any time during the
Conditional Period any of the following events occur, then the Conditional Stewardship Easement shall
become a Permanent Stewardship Easement which shall be final, perpetual and non-revocable in accordance
with the terms set forth therein:
I. Stewardship Credits from the SSA have been assigned to entitle an approved Stewardship Receiving
Area ("SRA"), and the SRA has received al! necessal)' final and non-appealable development orders,
pennits, or other discretionary approvals necessary to cOllunence construction. If Stewardship Credits
from the SSA have been assigned to more than one SRA, then the receipt of all necessary final and
non~appeaJable development orders, permits, or other discretionary approvals necessary to commence
construction of any SRA shall automatically cause the Conditional Stewardship Easement to become a
Permanent Stewardship Easement;
2. The owner of the SSA lands has irrevocably sold or transferred any Stewardship Credits to another
person or entity, including a Stewardship Credit Trust as described in Policy 1.20, and received the
consideration due from such sale or transfer, but not including a sale or transfer of the Stewardship
Credits ancillary to the sale or transfer of the underlying fee title to the land; or
3. The owner of the SSA lands has received other compensation as described in Policy 1.18 in exchange
for the creation of the Stewardship Easement Agreement.
In the event that none of the foregoing events has occurred during the Conditional Period, then the owner of
the SSA lands may witl,in 180 days after the last day of the Conditional Period record a Nohce of Termination.
In addition, if a challenge amilor appeal of a necessary development order. permit or other discretionary
approval is filed, the owner of the SSA lands may elect to extend the Conditional Period until the challenge or
appeal is finally resolved. If the challenge or appeal is not resolved such that the construction may commence
under terms acceptable to tl>e owner of the SSA lands, the owner of the SSA lands may within 180 days of the
fInal disposition of the challenge or appeal record a Notice of Termination. Upon rhe recording of such Notice
of Termination. the Stewardship Easement Agreement and corresponding Stewardship Sending Area Credit
Agreement shall expire and tenninate, the Stewardship Credits generated by the SSA shall cease to exist, the
rights and obligations set forth in the Stewardship Easement shall no longer constitute an encumbrance on the
property, and the SSA Memorandum shall be revised accordingly. The owner of the SSA lands shall provide a
copy of the Notice of Termination to the County,
III the event that the Stewardship Credits from an SSA have been used to obtain one or more 8RA approvals,
but none of the foregoing events has occurred during the Conditional Period, then the Notice of Tennination
shall also provide for temunation of any SRAs that have been assigned credits from the SSAI unless the SRA
owner has obtained sufficient Stewardship Credits from another source and such Stewardship Credits have
been applied to the SRA, In the event that a Notice of Tennination does terminate an SRA, the owner of the
SRA lands shall join in the Notice of Termination.
lr-~-'-
16' l~n
In the event that a Conditional Stewardship Easement is tenninated. all benefits. rights, privileges, restrictions
and obligations associated with the SSA shall be null and void, and the land shall revert to its underlying
zoning classification. free and clear of any encumbrance from the Conditional Stewardship Easement and SSA
Credit Agreement. If requested by the owner of the SSA lands, Collier County and the other grantees under the
Stewardship Easement Agreement shall provide a written release and tennination of easement and credit
agreements for recording in the public records within 15 days of request from the owner of the SSA lands.
Collier County shall update the overlay map to reflect tile tenmnahon of any SSA or SRA.
This policy shall be implemented in the LDC within 12 months after adoption hereof.
F:\wpdocs\RE\ECPO\Eadem Collier Issues (13239)\Reversion8.doc
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~o""MI.NUTES OF THE MEETING OF THE COLLIER CO Y
""'RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE
Community Development and Environmental Services [CDES] Building; 2800 North
Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; October 7, 2008
LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area
Review Committee in and for the County of Collier, having conducted Business herein, met
on this date at 9:00 A.M. in REGULAR SESSION at the CDES Building, Rooms 609/610
2800 North Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN, Ron Hamel
VICE CHAIRMAN: Neno Spagna [left at Ilam]
Brad Cornell
David Farmer
Gary Eidson
Bill McDaniel
Tom Jones
Tammie Nemecek
Fred N. Thomas, Jf.
ALSO PRESENT: CDES staff members Heidi Ashton, Thomas Greenwood, and Laura Roys as well as
approximately 15 members of the public.
I. Call Meeting to Order
The meeting was called to order at 9:03AM by Chairman Ron Hamel.
II. Roll Call
Roll call was taken, and a quorum was established as 9 of 12 members were present, with Floyd
Crews, Jim Howard, and Dave Wolfley reported to be out of town.
III. Approval of Agenda
Mr. Farmer moved to approve the agenda as presented and seconded by Mr. Eidson.
Voice Vote - Unanimously approved
IV. Approval of Minutes of the Septemher 30, 2008 Meeting
McDaniel moved and seconded by Mr. Farmer to approve the minutes as distributed.
Mr. Hamel asked Mr. Greenwood to brief the Committee on several items as follows:
. Policy 1.6 and 1.7 language. Mr. Greenwood distributed a document prepared by Assistant
County Attorney Heidi Ashton and distributed internally on October 6 [attached). He stated
that the Committee may wish to review and, upon request of Attorney John Passidomo, may
wish to table until he has an opportunity to review further. Mr. Farmer stated that he felt that
the 5 year limit was severe and perhaps there could be one year extensions. Heidi Ashton
clarified that the SSA owner could tenninate the conditional SS&~~~han 5 years but that
the LDC should have some definite language in it. After further dIscussion the Committee
Date:
1iPage
item # ____.____
1;,-
-'"""1r,.~~,_.
1611,4"
took no action and encouraged Ms. Ashton to meet with John Passidomo and develop
language to be brought back to the Committee as soon as October 14th
. Policies 4.4, 4.5, 4.7.1 and 4.14. Mr. Greenwood reported that he was advised that there will
be more discussions between Nick Casalanguida and ECPO this week and they will,
hopefully. have language for Committee review on October 14th
. Mr. Greenwood rcviewed with the Committee thc current SRA characteristics table
[Attachment C] and the revised Attachment C. Tammie Nemecek pointed out that the
minimum for a Town has been increased from 1000 acres to 1500 acres. Mr. Greenwood
stated that he would make that change. Mr. Farmer stated that he does not favor an upper
limit of density of 4 dwelling units per gross acre. Brad Cornell stated that this issue is worth
talking about but that it would be wise to have an upper limit on density so that everyone
knows how many dwelling units to plan for and that it provides some certainty. Mr. Eidson
stated that his underlying concern with not having a dcnsity limit is impact on infrastructure
and how the BCC would accept such an impact.
. Mr. Greenwood reviewed an updated schedule of the Committee through today which shows
the Committee completing Group 5 Policies today. (attached]. Mr. McDaniel stated that Dr.
Yan Buskirk is committed to provide a presentation on October 14th and Mr. Greenwood
stated that he would place on the October 14th Agenda if his availability is confirmed. Mr.
Farmer stated that he would not be able to attend the October 28 meeting due to a conflict
with a conference and Mr. Hamel stated that he also would not be able to attend the October
21 meeting due to a conflict. Other members indicated availability for the October 21 and
October 28 meetings and the consensus was to plan to keep those meetings scheduled.
V. Presentations. [attached "Requests to the RLSA Review Committee]
A. James Hammond, Director of Historical Resources of Naples Backyard History... "Naples
Cultural Landscape"
Mr. James Hammond stated and covered the following:
I. The study was not done in time for the original RLSA Overlay development as this
project has taken 9 years.
2. Reviewed the following maps: #1 Nine Sites from archaeological survey; #2 rYES Map
done by Jefferson Davis; #3 Collier County Monument Map; #4 1973 Historical
Jubilee Map of Collier County; #5 Map of Proposed Collier County Cultural Trail.
3. Reviewed his request to use stewardship credits to help develop a heritage trail.
Mr. Jones advised Mr. Hammond that one of their maps is incorrect and that there is no planned
Ave Maria Phase 2 south of Oil Well Road. Mr. Jones asked Mr. Hammond ifhe had talked with
any of owners of property over which the heritage trail is proposed. Mr. Hammond responded that
he had not.
Mr. McDaniel moved and Mr, Eidson seconded to ask staff to review Mr. Hammond's proposals
and report back to the Committee on October 14th Upon vote, the motion carried unanimously.
VI. Old Business
A. Phase 2... Review of GrouD I-GrouD 5 Policies of the Rural Land StewardshiD, includinl!
Issues. Concerns. and Ouestions [concentration on GrOUDS 4 and 5 Policies! as well as data
and analvsis with reSDect to DroDosed revisions to the RLSA OverIav
The following is a summary of discussions and Committee actions taken on Policies during its
October 7, 2008 meeting.
2lPage
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1 6 I 1 A-,..,
Group 5 - Policies that protect water quality and quantity and the maintaining of the natural water
regime and protect listed animal and plant species and their habitats on land that is not voluntarily
included in the Rural Lands Stewardship Area program.
Public Inpnt: none reeeived
Staff Comments: none
Committee Action: The Committee took no action on the above statement.
Policy 5.1
To protect water quality and quantity and maintenance of the natural water regime in areas mapped as
FSAs and designated Flowav buffers on the Overlay Map prior to the time that they are designated as
SSAs under the Stewardship Credit Program" Residential Uses. General Conditional Uses, Earth Mining
and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated, ffi
~ Conditional use essential services and governmental essential services, except those necessary to
serve pennitted uses or for public safety, shall enry not be allowed in FSAs with a Natural Resource
Stewardship Index value of 1.2 or less. Where practicable, directional-drilling techniques and/or
previously cleared or disturbed areas shall be utilized for oil or gas extraction in FSAs in order to
minimize impacts to native habitats. Asphaltic and concrete batch making plants shall be prohibited in
areas mapped as HSAs. The opportunity to voluntarily participate in the Stewardship Credit Program, as
well as the right to sell conservation easements or a free or lesser interest in the land, shall constitute
compensation for the loss of these rights.
Public Input:
I. The Conservancy strongly supports regulation of land uses in the Habitat
Stewardship Areas (HSA) and Flowway Stewardship Areas (FSA), regardless of
whether the landowner participates in the RLSA program. This should include
restrictions of some pennitled and conditional uses and should include all lands,
regardless of their participation in the RLSA. For example, on lands not
voluntarily participating in the RLSA, Policy 5.1 removes use layers 1-4 within
FSAs. However, Collier County should assess whether all agricultural activities
are appropriate for FSAs, and potentially remove the more active agricultural uses
as incompatible with protection ofthe quality, quantity and maintenance of the
natural water regime in the FSAs. Within Policy 5.1, for HSAs, the only outright
prohibition is for asphaltic and concrete batch making plants. The Conservancy
believes this should be reassessed, with the opportunity to expand the prohibited
uses within HSAs and FSAs. Also, Policy 3.7 specifically should be reassessed as
to the allowances within HSAs. The Conservancy believes that golf courses, and
other impacting uses, are incompatible with all HSAs. [Conservancy]
ECPO Comments: FSAs and HSAs were purposely defmed broadly enough to allow a justified mix of
habitat required for species and adequate land uses. The mix of land use activities within FSAs and HSAs
are necessary to enable the delineation of the large interconnected systems.
The Group 5 policies collectively provide a set of minimum land development standards that apply only
when a land owner does not participate in the RLS program. In the case of Policy 5.1, the FSA provision
addresses a narrow issue of water quality within regional flow ways, where the more intensive land uses
could impact offsite areas. Of the 31,100 acres of FSA, only 800 acres are active agriculture. Within the
HSAs it has been confirmed by many biological experts, including Darrel Land who spoke with the RLS
Committee, that species are very adept at utilizing and traversing agriculture lands.
3lPage
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1611111'
_: Brad Cornell 10-7-08 Proposal for this Policy is attached to these minutes along with ECPO
responses to the original Group 5 puhlic comments received from others.
Public discussion on October 7, 2008
Mr. McDaniel moved and Mr. Cornell seconded to accept Mr. Comell's rewording of Policy 5.1 as
provided to the Committee by Mr. Comell this morning. Mr. Jones stated that he is opposed to the
language proposed as Policy 5.1 is not broken and does not need fixing. Mr. Cornell stated that this is a
way to ensure that development does not occur on the edge of the OK Slough and the Camp Keais Strand.
Mr. Jones stated that the County may be subjecting itself to a taking of a property owner's rights and
subject to litigation. Mr. Cornell stated that the owner would receive compensation if he chose to
participate in the RLSAO. Anita Jenkin.. reiterated that would entail a property owner losing rights to
use that land and that setbacks in the LOC may be the way to handle this. John Passidomo stated that if a
landowner loses rights to use his land through a government action a Bert Harris violation would likely
occur and the County could be subject to a lawsuit. Mr. Cornell asked about the loss of the use ofland in
the FSA that has already occurred. Mr. Passidomo stated that ECPO agreed to that previously. Mr.
Cornell asked about the other property owners other than ECPO. Mr. Passidomo stated that those
property owners could have exercised their right, but chose not to. Mr. Thomas stated that he felt the
LOC could assist. Nicole Ryan stated the Conservancy supports Mr. Comel\' s suggestions and that it
should not wait to be addressed in the LOC. Christian Spilker stated that he thought the proper
terminology is "restoration zone".
Staff Comments:
Committee Action taken on October 7. 2008: Mr. Thomas moved and Mr. McDaniel seconded that
Policy 5.1 be amended by changing the period to a comma after the word "program" in the third line.
Upon vote, the motion carried, 9-0. Mr. Eidson moved and Mr. McDaniel seconded to add the words,
"and designated Floway buffers" [staff found that the wording should be, "designated Restoration
Zones"] after "FSAs" in the second line and to change "only" to "not" in the second sentence. Upon vote,
the motion carried, 9-0.
Policy 5.2
To protect water quality and quantity and maintenance of the natural water regime and to protect listed
animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay
Map that are within the ACSC, all ACSC regulatory standards shall apply, including those that strictly
limit non-agricultural clearing.
Public Input: none received
Staff Comments: none
Committee Action taken on October 7. 2008: Mr. Thomas moved and Mr. Eidson seconded to leave
Policy 5.2 unchanged. Upon vote, the motion carried unanimously.
Policy 5.3
To protect water quality and quantity and maintenance of the natural water regime and to protect listed
animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay
Map that are not within the ACSC, if a property owner proposes to utilize such land for a non-agricultural
purpose under the Baseline Standards referenced in Policy 1.5 and does not elect to use the Overlay, the
following regulations are applicable, shall be incorporated into the LOC, and shall supercede any
comparable existing County regulations that would otherwise apply. These regulations shall only apply
to non-agricultural use of land prior to its inclusion in the Overlay system:
41l'age
16' lA11
I. Site clearing and alteration shall be limited to 20% of the property and
nonpermeable surfaces shall not exceed 50% of any such area.
2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide
for release of surface water run off~ collected or uncollected, in a manner approximating
the natural surface waler flow regime of the surrounding area.
3. Revegetation and landscaping of cleared areas shall be accomplished with predominantly
native species and planting of undesirable exotic species shall be prohibited.
4. An Environmental Impact Statement shall be prepared by the applicant and reviewed by
Collier County in accordance with County regulations.
5. Roads shall be designed to allow the passage of surface water flows through the use of
equalizer pipes, interceptor spreader systems or performance equivalent structures.
Public Input: none received
Staff Comments: none
Committee Action taken on October 7. 2008: Mr. Thomas moved and Mr. McDaniel seconded to
leave Policy 5.3 unchanged. Upon vote, the motion carried unanimously.
Policy 5.4
Collier County will coordinate with appropriate State and Federal agencies concerning the provision of
wildlife crossings at locations detennined to be appropriate. A map of these potential crossing locations
will be developed within 12 months of the effective date of the Growth Management Plan Amendment
and used in evaluating communi tv. cultural and historical. and transportation planning for the RLSA.
Public Input:
I. Stronger language for wildlife underpasses and a map of locations [FWF]
ECPO Comments: The RLSA program provides a tremendous framework for facilitating the
establishment of wildlife underpasses, by protecting large expanses of habitat with SSA lands. The actual
need assessments, locating, design, and construction of wildlife underpasses occurs through the efforts of
state and/or federal wildlife and transportation agencies, either as part of public works projects or as part
of the regulatory process for development projects. As one example, FWC researchers continually
evaluate the need for panther crossings, and have maps of existing and proposed panther underpasses.
2. Panther deaths on 846 are mentioned, but not those on Rte 29 or 41 east, which are many. [Judith
Hushon]
ECPO Comments: Panther deaths on Route 41 East are miles south of the RLSA, as are incidents on SR
29 south of the Sunniland mines. The panther-vehicle collisions on CR 846 east of lmmokalee were
considered when designating the FSA and HSA stewardship overlays in that area. SSA 3 and SSA 4 were
later designated along that segment of CR 846 specifically to provide opportunities for future panther
crossings.
3. FWC has documented the location of all known panther-vehicle collisions in a GIS
database. This information, in conjunction with FWC's least cost path modeling of
panther movements, has been and will be used to identify promising sites for additional
panther crossings. The RLSA program facilitates the establishment of these wildlife
underpasses by preserving existing land uses in the vicinity of the crossings.
SIPage
------,,---.---<--_. .
16'11tn
.: Brad Cornell 10-7-08 Proposal for this Policy is attached to these minutes along with ECPO
responses to the original Group 5 public comments received from others.
Public Discussion on October 7, 2008. Mr. Thomas stated that he would have the word "cultural"
added to the new sentence proposed by Mr. Cornell. Mr. McDaniel suggested eliminating the deadline of
January, 201 0 for the creation of the wildlife crossings map as that could be problematic. Mr. Eidson
suggested making the date January, 2011. Laura Roys asked who is going to prepare the map and which
study is it based upon. Mr. Cornell stated that the map to be used is that prepared for the Eastern Collier
County Panther Study as the basis for crossing needs and for future used for site development plans,
stewardship receiving areas, the MPO, etc. He stated that the map is essentially done. Elizabeth Fleming
stated that the word "identified" would be better because the study has already identified such crossings.
Nancy Payton gave a brief history of the development of the Panther Study.
Staff Comments: none
Committee Action taken on October 7. 2008: Mr. Cornell moved and Mr. Eidson seconded to amend
Policy 5.4 as outlined above. Upon vote, the motion carried unanimously.
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program, non-
agricultural development, excluding individual single family residences, shall be directed away from the
listed species and their habitats by complying with the following guidelines and standards:
I. A wildlife survey shall be required for all parcels when listed species are known to
inhabit biological communities similar to those existing on site or where listed
species are directly observed on the site. The survey shall be conducted in accordance
with the requirements of the Florida Fish and Wildlife Conservation Commission
(FFWCC) and U.S. Fish and Wildlife Service (USFWS) h'llidelines. The County shall
notify the FFWCC and USFWS of the existence of any listed species that may be
discovered.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and
can be anticipated to be occupied by listed species. These plans shall describe how
the project directs incompatible land uses away from listed species and their habitats.
a. Management plans shall incorporate proper techniques to protect listed species
and their habitats from the negative impacts of proposed development. Open
space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
Provisions such as fencing, walls, or other obstructions shall be provided to
minimize development impacts to the wildlife and to facilitate and encourage
wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses
and signage shall be used where roads must cross wildlife corridors.
1. The following references shall be used, as appropriate, to prepare the
required management plans:
I. South Florida Multi-Species Recovery Plan, USFWS, 1999.
2. Habitat Management Guidelines for the Bald Eagle in the Southeast
Region, USFWS, 1987.
3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphemus) Populations found on Lands Slated for Large Scale
Development in Florida, Technical Report No.4, Florida Game and
Fresh Water Fish Commission, 1987.
6iPage
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16' 1ltn
4. Ecology and Development-Related Habitat Requirements of the Florida
Scrub Jay (Apelocoma coerulescens), Technical Report No.8, Florida
Game and Fresh Water Fish Commission, 1991.
5. Ecology and Habitat Protection Needs of the Southeastern American
Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in
Florida, Nongame Technical Report No. 13, Florida Game and Fresh
Water Fish Corrunission, 1993.
11. The County shall consider any other techniques recommended by the
USFWS and FFWCC, subject to the provision of paragraph 3 of this
policy.
iii. When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, a minimum of 40% of
native vegetation on site shall be retained, with the exception of clearing
for agricultural purposes. The County shall also consider the
recommendation of other agencies, subject to the provisions of paragraph
3 of this policy.
b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall
be given to protecting the largest most contiguous gopher tortoise habitat with
the greatest number of active burrows, and for providing a connection to off
site adjacent gopher tortoise preserves.
c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall
conform to the guidelines contained in Technical Report No.8, Florida Game
and Fresh Water Fish Corrunission, 1991. The required management plan shall
also provide for a maintenance program and specifY an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall
also outline a public awareness program to educate residents about the on-site
preserve and the need to maintain the scrub vegetation. These requirements
shall be consistent with the UFWS South Florida Multi-Species Recovery Plan,
May 1999, subject to the provisions of paragraph (3) ofthis policy.
d. For the bald eagle (Haliaeetus leueocephalus), the required habitat management
plans shall establish protective zones around the eagle nest restricting certain
activities. The plans shall also address restricting certain types of activities
during the nest season. These requirements shall be consistent with the UFWS
South Florida Multi-Species Recover Plan, May 1999, subject to the provisions
of paragraph (3) of this policy.
e. For the red-coekaded woodpecker Ipicoides borealis), the required habitat
protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse effects
can not be avoided, measures shall be taken to minimize on-site disturbance
and compensate or mitigate for impacts that remain. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan, May
1999, subject to the provision of paragraph 3) ofthis policy.
f. In areas where the Florida black bear (Ursus americanus floridanus) may be
present, the management plans shall require that garbage be placed in bear-
proof containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting habitat
suitable for black bear shall be considered in the management plan.
g. For projects located in Priority I or Priority II Panther Habitat areas, the
management plan shall discourage the destruction of undisturbed, native
habitats that are preferred by the Florida panther (Felis concolor coryi) by
71Page
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16 11 ~n
directing intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood hammocks. In turn, these areas shall be
buffered from the most intense land uses of the project by using low intensity
land uses (e.g., parks, passive recreational areas, golf courses). Gold courses
within the Rural Lands Area shall be designed and managed using standards
found within this Overlay. The management plans shall identify appropriate
lighting controls for these pennitted uses and shall also address the opportunity
to utilize prescribed burning to maintain fire-adapted preserved vegetation
communities and provide browse for white-tailed deer. These requirements
shall be consistent with the UFWS South Florida Multi-Species Recover Plan,
May 1999, subject to the provisions of paragraph (3) of this policy
h. The Management Plans shall contain a monitoring program for developments
greater than 10 acres.
3. The County shall, consistent with applicable policies of this Overlay, consider and
utilize recommendations and letters of technical assistance from the Florida Fish
and Wildlife Conservation Commission and recommendations from the US Fish
and Wildlife Service in issuing development orders on property containing listed
specles.
It is recognized that these agency recommendations, on a case by case basis, may
change the requirements contained within these wildlife protection policies and any
such change shall be deemed consistent with the Growth Management Plan.
Note: Brad Cornell 10-7-08 Proposal for this Policy is attached to these minutes along with ECPO
responses to the original Group 5 public comments received from others.
Public Discussion on October 7. :Z008
Mr. Jones stated that the County already has language in paragraph I as is proposed by Mr. Cornell. He
stated that in paragraph 2g he is not even familiar with this document or the standards. Mr. Cornell stated
that the intent is clarify things. He further stated that the language in paragraph 3 comes from the
Conservation and Coastal management Element of the GMP. Elizabeth Fleming stated that Brad is
trying to find a standard for other listed species. Most other species are already covered. She also stated
that the language in this Policy needs to be updated to cite more current information and studies. She
stated that in paragraph 2g she would like to see something for Panthers. She stated that she supports
Brad's recommendations. Mr. Eidson stated that the species plan deals with 68 listed species. Mr. Jones
stated that he is ok with citing more updated studies, but we should not have to have a litany of 68 studies
listed in the RLSAO. Dane Scofield stated that he is concerned about listed species and how a temporary
use would have to comply with state and federal requirements. Mr. Cornell stated that this is something
he may have to work out with the state or federal agency. [discussion ended here to lack of additional
time].
Public Input: none received
Staff Comments: none
Committee Action on October 7. 2008: Motion by Mr. Cornell that his proposed amendments to Policy
5.5 be approved and seconded by Mr. Eidson to approve the proposed amendments advanced by Brad
Cornell. [action on the motion.and second was tabled until the October 14th meeting and no action was
taken due to meeting the end ofthe meeting deadline].
VII. New Business [none]
VIII. Public Comments.
8JPage
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1611 ~n
IX. Next Meeting
Mr. Hamel stated that the next meeting will be held on October 14, 2008, in Rooms 609/610 of the
CDES Building, 2800 North Horseshoe Drive, in Naples, PI. from 9:00 A.M. - II :30 A.M.
X. Adjonrnment
Mr. McDaniel moved to adjourn the meeting, seconded by Mr. Eidson with the motion approved
unanimously with adjournment at 12:02PM.
Review Committee
These minutes approved by the Committee on
amendcd
, as presented
or as
9lPage
. ------f!--
DRAFT - FOR DISCUSSION PURPOSES
16111tn
(VII) Policy 1.6
Stewardship Credits (Credits) are created from any lands within RLSA that are to be
kept in permanent agriculture, open space or conservation uses. These lands will be
identified as Stewardship Sending Areas or SSAs. All privately owned lands within
the RLSA are a candidate for designation as a SSA. Land becomes designated as a
SSA upon petition by the property owner seeking such designation and the adoption of
a resolution by the Collier County Board of County Commissioners (BCC). which
acknowledges the property owner's request for such designation and assigns
Stewardship Credits or other compensation to the owner for such designation. Collier
County will update the Overlay Map to delineale the boundaries of each approved
SSA. Designation as an SSA shall be administralive and shall not require an
amendment to the Growth Management Plan, but shall be retroactively incorporated
into the adopted Overlay Map during the EAR based amendment process when it
periodically occurs. A Stewardship Agreemenl shall be developed that identifies those
allowable residential densities and olher land uses which remain. Once land is
designated as a SSA and Credits or other compensation is are granted to the owner, no
increase in density or additional uses unspecified in the Stewardship Agreement shall
be allowed on such property, unless the SSA and Stewardship Agreement are
terminated. The SSA may be terminated by the owner for a period of UP to five years
after approval of the SSA if the Stewardship Credits have been assigned to an
approved Sending Receiving Area (SRA), and the SRA has not received final
developmenl orders or Federal, State and local permits necessary to commence
construction excluding plat approval. site development plan approval and building
permit approval. The SSA shall not be terminated if owner has sold the Stewardship
Credits or if owner has received compensation in exchange for the credits.
(VII) Policy 1.7
The range of Stewardship Credit Values is hereby established using the specific
methodology set forth on the Stewardship Credit Worksheel (Worksheet),
incorporated herein as Attachment A. This methodology and related procedures for
SSA designation will also be adopted as part of the Slewardship Overlay District in
the Collier County Land Development Code (LDC). Such procedures shall include
but not be limited to the following: (I) All Credit transfers shall be recorded with the
Collier County Clerk of Courts; (2) a covenant or perpetual restrictive easement shall
also be recorded for each SSA, shall run with lhe land and shall be in favor of Collier
County, Department of Environmental Protection, Department of Agriculture and
Consumer Services, South Florida Water Management Dislrict, or a recognized
statewide land trust, which may be modified or terminated if the SSA and Stewardship
Agreement are terminated; and (3) for each SSA, the Stewardship Agreement will
idenlify the specific land management measures thaI will be undertaken and the party
responsible for such measures.
---.----,..----
1611 kn
PHASE II REPORT PREPARATION SCHEDULE AND REPORT FORMAT
REVIEW COMMITTEE DIRECTION
August 5, 2008 [updated through October 7, 2008]
SCHEDULE
A. REMAINING REVIEW COMMITTEE MEETINGS
. September 2...RLSA Overlay Review [CDESJ
. September 16...RLSA Overlay Review [CDESJ
. September 23...RLSA Overlay Review (CDES]
. September 30...... RLSA Overlay Review [CDES]
. October 7...RLSA Group S Policies (CDES]
. October 14...RLSA remaining Group 4 transportation-related Policies, Policy 1.6, and Data and
Analysis (CDES]
. October 21.... Draft Report Review?? [CDES]
. October 28...Final Review and wrap up for Phase 2 Report [CDES]
B. PUBLIC VETTING MEETINGS
. November 12....Environmental Advisory Council
. December L....Planning Commission
. January 29, 2009...Board of County Commissioners
. February 27, 2009....Department of Community Affairs
PHASE 2 REPORT FORMAT AND CONTENTS
The following is format approved by the Review Committee on August S, 2008:
. COVER
. TRANSMITTAllETER with 2 maps: 1J "Collier County Rural & Agricultural Area Assessment
Stewardship Overlay Map; 2J "RLSA Status Map" which shows all approved Stewardship
Sending Areas and the one approved Stewardship Receiving Area, The Town of Ave Maria.
. TABLE OF CONTENTS
. EXECUTIVE SUMMARY
. COMMITTEE- RECOMMENDED AMENDMENTS TO THE RURAL lANDS STEWARDSIP AREA
OVERLAY
a. Short Version Annotated
b. long Versinn Annotated
. DATA AND ANALYSIS
. APPENDICES
_.,,-,._'--_._.>._,....._~--r-._--'--
1611'+11
Naples Cultural Landscape
2400 Tamiami Trail N - Suite 300
Naples, Florida 34103
239.594.2978 0 239.261.6664 F
www.nanlesbackvardhsitorv.ore
To: C.D.E.S. Division
Joseph Schmit, Division Administrator -
From: Naples Cultural Landscape: A Fund at the Community Foundation or Collier County
Lavern Norris Gaynor, Founder; Lois A Bolin, Ph.D., Strategic Advisor
Date: October 7, 2008
Re: Requests to the R.L.S.A. Review Committee
Statement: Under the direction of the Dept. of Community Affuirs a program was started and
implemented under Florida Statute 9J-5.026 entitled the Rural Lands Stewardship Area (R.L.S.A.).
On the first page of that programs texts Item # I states- the: Purposes of the RL.S.A. Program and Item
# 2 states the Purpose of the R.L.S.A. Rule- Under the Standard Option of those purposes # 8 Section B
states as Item # I : Identify and explain the existing locally specific rural character of the R.L.S.A. and
surrounding area by analyzing its characteristics, including Land use, Development Patterns, and
Economic, Social, Cultural. Historic. Scenic. Landscape, Recreational and Environmental Elements.
The data and analysis shall include under: Section # 2 Item-I: All forms ofruraJ resource values
including Agriculture; Environmental, Eco Systems, Wildlife Habitat, and Water Resources;
Recreational, Tourism, Scenic; Cultural. and other general amenity Values.
Statement: Under the Special Option for R-L.S.A. of 50,000 or more Contiguous Acres - Section 7 Item B, Goals
and Objective, and Policies - # E, states; A visionary Process to provide public participation in the design of any
new town or Rural Village. Under the same section -E, Goals and Objectives, B- Item 10 states; The recording of
a Stewardship easement or Restrictive covenant running with the land in Perpetuity on all designated
Conservation and Agricultural areas in favor of the County. the Dept. of Environmental Protection, and the Dept.
of Agriculture and Consurner Services.
Interpretation: It is with the above statements that the Naples Cultuml Landscape, a Fund of the Community
Foundation of Collier County, a 501 (C)(3) non for profit organization along with the. support of varin us other non
for profit organizations mostly representing the general charters of J listoric,,/ Soeicfie, whie.h eneompaRS the
policies of DOI;UlliGlltll.lg, H(~I~l)rding, l\rciliving1 alld Interpreting to lite general public aH areas pertaining to the
past I lj"lor;',"" "Hd Cuilurnllhclll'" n'prGs<:nl<:d ill 11:" J'a~t ] Iistory and Heritage of Collier County tbat we do
hercbyrcyl!<;:;ll.l,,;:;., ,,<1d,1<01l8 nnd (oj" l"<>VI';OI1.' be j""vI';wd and entcred wh'"e possible into the R.LS.A.O.
policies presently being amended and drafted by the various comrnittees.
I
___"_~~"_'~____'~ ,... ..u_..__._~._
161 lit"
The Historical and Cultural aspects of Collier County's past during the establishment of the first Rural
Lands Stewardship Area committee's meetings, plans, and discussions that took place in early 1999
through 2002 unfortunately were not addressed in any way. This was due to the fact that an accurate
Historical and Cultural Resource A~s'~ssmcnt had IIot been comp1ctl.,'-d and in essence, had not even been
started until 2003. It has lak~n over 5 j,;m's to compkte Ihe study and it was realized that any plans that
were being discuss"d in lhe n'lW R.S.L./\.O. reviews should indude the information that was found in
the study, but more imporiant c!ming that time a plan had hcen c.onceived 1hat ("QuId inCDrpoi'alc [he
objectives and Goals that the present R.!~.S.A.O. commiiicc"s and inten:s1ed pm'lI(,E'. lnOS! no1ilt,lv
landowners, dcvclopers~ planncrs~ ('c,onOD1ie arlvjs(r($~ tcnnisrn COHi..TlliS,:> U'c.mspon;;-/:jun COnCC-YdS, a.no
rnon; jmt)',,-J(t:i1\H~" :_L:; dH.:~~~(' jn~~('lin~;~-; that hn\'c oct:n going on for nlany years the conccnlS about the
i' lOni.iEi3~m;:il,.'-C~ aw.1 \\l(W V~lTj.;ty of oHlcr wildlif~ that would in th-e end SOillG ho\v incorporate the rich
i ti:';LO({(;;:ti and LUHHr:il pa~j~ or Cullier County. On tlH; sur[uctj this \vould S~{~IH an IJtopian ideal until
you realize the fact thai according to the Department ofStaie, Division of i JiSloric,;l R"',OllfC(". ,;tdes
that in 2007 tourists brought into Florida over 'L 7 Billion dollars, '/(;1 rnliJio!l 01 111<<, "cr.[ 0; ,,;,cUy 10
South Florida with 49 (peme.nt) dircclly aHril:mlabk to I't'OfJlcwho SOU?fl1 oui i.) lilCil '~pCCiJ ,c
dcstill'i!ions ar;;as Ilml had llistOl-ical silGS alld plac0s. This is a 60% increase over the last 4 years and
thus" ll9.urcs arc (;XpCC.tc<:l to <loubk in the nexl 5 years and exponentially thereafter. Taken with the fact
mal OlK m'(an'/'htioll <\Hd (lhere al\; over a half a do/<:n mor';) '1'11" Florida Communities Trust allocated
73 million dollars last year to proje-ets that secured Stewardship Credits, purchased land Ji.,r l',c:sc-,vcs,
Parks. Wildlife Habitat, Green Spae.c, as well as Cultural and lIislo;;c<11l'rcsiTvation. !\S ~;("CITlm)' OJ
the Dept. of Community ;',ffairs Toml'e.lham said "OVC'T the. pasl 1 '; years.lhes;' av.-arlic; wli! heip
<;oli1l1lun;l(;;s achi,,,';; their yisioll ofSlnmgcr, ()rGCllcj' and Healthi"r landseapes"_ As it is spoken ofin
ttlG lll';(OrI<:a! RW.l Cultural sludy oV':l" 80% orCoHier Coullti,;s land has tTansitioned from the bands of
me UHKlovvners and Collier COUilty (}ov;;l'l1I1lz:nt inlo private Sial<; and Federal entities in the last 34
years. This leaves the remaining 70% available for prae.tic.al use. by the Countv and landomwr,; in Ihe.
near future. This displays the simple fact that in (]1l' final phases of build. out the County, ! ~andowners.
Planners, Committee Me.mlx,rs, and other organi;tations arc to paraphrase Jr.e :;aym!, . i ,yini' to i!("sentlC
aD Ekllhant lust by its head'. Un,krstanding that siuee the inccptiollofthe Everglades National Park
was {;slabiish,;d ill : 9,17 and other ,t State and Federal pn:serv';s established sillce have implemented
onlv po!t::tes that mainly add.."ss Biological <~()!l<:cms. 1'11<: Tluman element has taken a baek seat as can
be seen in the fact that that with over I million acres nnder the different park mmlaf'cmcnl sysiems in the
last 61 years, not one site located on the8<' lands has bem registered OJi the National R crister oj i lic'1.orie
Places where the public can have acecss to today and enjoy. In the Dnal phases nflhis visioninp j)ft>(TSS
it b<:>SO!nr;s uopaf<:nl. thaI. if tb,: goab and objectives to "connect the dots~ do not find their fulcrum point
and the Vlstons so carlH?,tly sought will be like dnud~ without water. Hthe only Goal is to build houses
ami i?mmmwllk,; without incorporating tl1,; pastllistory and Cultures that S. W. Florida has always had
an association with the muquencss that ean so easily be applied simply kav(',: way to "oJTnirw flolhinj!
more than any other commlmi1y. To distinguish the Sou1h West eoasi from lh(' Casll"oas\ wo.)to DC one
of the greatest assets in a financial way. It goes withou1 S<1yinl:'~ that hundrcds of thousand o) hours laDof
arc going into lh,: planning stag<:s and untold mi11ions of dollars have been and are being utilized to
apply stratcgi<;s Ihat in the end will tic into and apply to the final 'Horizon Picture' it would be
cotlstru<;;i vr; (() paus<: and r<:lllc;mb';r that old and well applied adage "TIutt a million monkey's typing on
a million typewriters for a million yea;'S will never be able to 'Write a. Shake;'T,erian plav" To ,'moly relv
on the phrase - If you build it they will ('.orne should also seck 10 have a ('avca.t added. : 'he')" wiii if
there is something to comc to. To spc.ak only of Natural Resources ami their fultu'e conservation as thc
oniy biological considcmtion in this County and fail to not J\,'Cognize that the Historical and Cultural
i icritag;; of th<: past residents and the type of iudi vidual lifestyle is one of the most important ingredients
In that tcrm refcrred to as Natural Resources.
2
"'"-."'-~'n-<~- '.
16 , IAn
Therefore the Goals and Objectives proposed by the Naples Cultural Landscape organization in
conjunction with other interested parties and organizations collectively speaking on the Historical and
Cultural Heritage policies that make up the largest part of these organizations goals state and seek to
initiate:
1. Stop the de-designation process that removed the Historic and Cultural attributes of U.S. 41
(Tamiami Trail) and is currently in the process of removing;
A. The 1988 designation of the trail by the State as a- Florida Scenic Highway
B. The 2000 designation ofthe trail by the Federal Government as a- National Scenic Byway
2. Installation of Historical Markers and Interpretive Centers and/or Kiosks along the entire
distance of U.S. 41 (Tamiami Trail) stretching from the City of Naples to the Dade County
border that will represent Collier County's past History and Cultural Heritage. This will direct
tourism and interest from the east coast and west coast sections that will culminate on Highway #
29.
3. Installation of Historical Markers and Interpretive Centers and/or Kiosks along the entire
distance of Highway # 29 from the south on U.S. 41 north to Immokalee City that will represent
the Collier County's past History and Cultural Heritage as it relates to the past;
A Historic lumber towns, Settlements. Fanning towns, Oil producing towns [Sunniland], First
Collier County Citrus producing groves. The fIrst Collier County Citrus Canning plant, the first
Railroad in Collier County both passenger and commercial [Deep Lake ]-Since Deep Lake is one
of only 5 sinkhole lakes in Florida and has freshwater on its fIrst layer and saltvvater on its lower
laycr with a resident population of Alligators and Crocodiles living together it would be expected
to draw over 1 million visitors a year.
B. Seeking cooperation to open Deep Lake to the general public as it was for the first ] 06 years of
its operation [not currently open to lhe general public] and having a boardwalk inslallr,:l.
C. Seeking cooperation to turn the now presently dosed Old Copeland Prison into a Pioneer
Museum [This will involve s('.eking the N.P.S. 10 return lhe III Lee Tidnvakr Cypress Company
stcam train that is pt')senIly in the Steamtowll Collection in Scranton Pennsylvania]
This wiH hav,~ a positiv<: now Oil all visitors and tourisl.~ and seek to draw them to the new
Devdopment taking place in thG R.I..S.A. area and Iuunokalee City area
4. Seek cooperation from landowners 10 negis1cr Fort Simon Drum fa known and monnmcnled
site by David Graham Copeland in J 9.1 J]. This site is preSf'ntly (--, miles eas1 of JnllnokaIn, City
one halfmile south ofJl1lmokalc~~ l~oad and would Ix: just on the east side orthe ncw proposed
bypass road that will connl,<;lto tlw road north GfJmmokaJ\J<l Cily. The Fort Simon Drum site is an early
Army S';minole War forlifkatioll and is t!H~ only known sile of a military installation in South
West Florida South ofthc Caloosabatchee River and it is <)xpected that it would draw over 2
million visitors and tourists a year.
5. Seek cooperation with landowners and developers to have Historical Markers or Kiosks
interpreting Collier County's past I Jistorical and Culturall kritage displayed placed at designated
park,; al1d open f!"re"l1 spaces in It." futur" pk-u1fied developru<;-nL~, On<: example of the benefIts
Of suell a ':'JOiJ';rc'llV') agroccmo,;nt is t-he fad that in 2002 prior 10 development at the Ave Maria
first phase site an expensive Awhacological Survey was required by the SUite 10 lry (0 locate a
past Historic site which the ov-me.rs thought althat time (ok Ihe 10ratiol1 of ForI Doane im early
Anny Seminole War [orlilkatiofJ site. The investip,atiofJ was done an(llhc required [~lIKrWOrK
was completed allowing Ihe ,;outinuation of development. This resulted in a coordinated effort
on the part of $<;veml researdll;ent,-,TS to try to w.:curatdy idcntify the previously mentioned site.
3
,.-.,'--."..-. .----.r--.-.,..''"~.''--
16/1*"
This in turn led to the eventual recording of9 more sites in the area on 09/09/2008- State File Survey
#15576 thereby requiring an additional nine more Archaeological investigative studies being required
before development could proceed at any of those locations in and around the Phase 2 are~ and the
proposed Big Cypn.:ss Deyelopment, with at least 3 of those new sites in the northern part of the
R.L.S.A. This process ha$ been describ,:d as a cycle that continually [feeds on itself] Furthermore it
was discovered that t11<.: eon'Cct Ham'; of the supposed Fort Doane site had already been previously
recorded as the site ofCll.1LJp Ke~is and an Archacolof;ical survcy rnip,ht have been nvoioeJ. Th,' oripinal
form has now been updated on the Florida Ma.~lcr Sitc File" (0 indical<' this name change. ,'hi;; is a dear
case of how coopt::rdtion behv{'.t"n parties \vouJd have been beneficial in concrete firldnclcll \.\'ay~, /\s il is
~~!>i.p.,:~(;t\;d ~lj;it tl~~ k'a~t ."~G-Jq jj(;:isibk nG\V io{~atjGn.s involving llistorical R0sources in the northemarea of
th<; R.:~.;)..'\. ;wd "L ;'"Jh ,},'obahility that 5 or mon.: ofthos<; silG$ hm'e to do with Native American
2)at;ri,;d Sit,~s p.c:dcnd 1 H {lnanciaUy bdlOOV,~$ all lando'v\'l1(~rs, dt;vdojJcrs, and researchers to try to
cooperate on any obstacles Ihat would impede any part oflnc r",,',' and i'r()win~' VIsion. On~ ,)(,h,'
proposed solutions would be 10 bypass ihc past processes Iha! arc cosOy fmo j1ilfKT nCi(i!cu on each <'00
and just agre(':ing to in(,-Orpomte a hal;1e preset mmlbcr ofintcrprctiv~ markers or h lOSK!; in any OJ UlC
oropos<C'--l Towns. Villag';$, or Ilamlcts in any the public greellways or parks. This would serve to display
the pa..')L ! f10tOt)" rmd Cullum of tlh? county_ This in ~]ffGct is a vjsionaryway in which cooperation can enhance
tn~ 'aiU,) and <ksirab,J;ty of allY proposeu community and fits well with Ihi) rural ,;haracter these new homes seek
to display. As the Collier County Museum already has the equipmcnt to makc these markers thcre would be
minimal costs associated with such a plan.
6. Seek to establish ut u minimum one \COntinuous Historical and Cultural Heritage Trail unimpeded
und without any Cons<:rvatioll eas<;m,nt restrictions that strctches from the eastern corridor of the
R.L.S.!\... 10 tlK' WG$!,-,m corridor of the proposed R.LS.A-
7. Seek to establish at a minimum one <xmlinuous I fistorieal and Cultural I kritage Trail unimpeded
and without any Conservation casement rc.slric1ions that slrde.hes irom the southern corridor of
the RL.S.A. to the northern c.orridOf o[the proposed R.L.S./\.
STATEMENT:
Although it is understood that that many of the Environmental, Wt.ldlife, and other numerous
agencies including Ihose that have to do with representing the Nalt1fal RcsouJ\'Cs alld LnJani'.\'rd
Species legislation have heen working on policies thal dircetly and indir<Tily han, rdalion 10 lhc
present KL.S.A. Processes, Goals, and Objectives, that were slarte,lin 1999 and havc now hcm
eontinuing uulil tll" pms,;nt time in 7.008, Oil behalf of t-tIC people and organizations that were not
incluckd [UP to spe<::dj in rq;ards to thG llistorkal and Cultuf'dl ideals that the original provisions that
w<::t'C <;uvisiow.:d wlr'on thG l'urPUSl; of the Rules found in D.C.A.s. guidelines came to public
attention and speaking on behalf ofthosc interests now fmUld in Ihe <"<!pacity ofbcinp, a
representative of those voices would ask that a small amount of extra time be given to the following
statements which most display our IUlificd eonccms.
A. 11m! it be f<..'Cognized that an accurate and up to date Historical and Cultural Resource study has
nevcr be<:n conducted in Colli,,\" County since its inception in 1923 until it was presented to
committee m,wbers on S';ptemocr 30, 2008.
B. That a total of9 new Historical sit.es wmprising a 166 yeartot.al span ofa limcline of Collier
County's past has been for the first lime acccpkd by the Stale ofl'lorida 37 days ago.
4
16/1~n
· This should be accepted as a good faith effort considering these items were presented to this
committee being specifically mentioned- Purposes of rules of the D.C.A. Objectives and Goals-
# I-Standard Options and # 2 Special Options relating to Historical and Cultural values.
Therefore having established the items found on these pages 2, 3, and 4 the following comments are
added for Ihl;; review now taking plaee on October 7, 9 am. Room 609, on Policy 5, however please find
other comments on policies that may also apply to thc present meeting but nevertheless need to be
entered into the appropriate sections for public comment for those specific policies whcn the committee
has the time.
Policy 5.4
No right of way 10 be relinquished by the County for Panther crossings on anywhere on
highway If 7.9 jf cros.~ings hlock way ofknown I listorical sites. As there are a preponderance of past
known sites starting at US. 41 and heRding nor{h to jnst south of hmnc)Kah' City tOiulln;' ] 0- ihey arc
protected under the F.D. O. T. Cultural Resource book- 2008 J."la. Stiliuks Til Ie 1 g. Public Lantis :;no
Property -Chapter 267 Iris.10[ical Resources 2.67.0:11. OJ "! lislol ic J'ropn,y 01 "I Jisiofic R"';tilllte
.n1t;l1ns ;)ltV Frch~_st(:fl.._: i)t ; li~~i.'(Jrll~ I.)i:--;t"I1.;L s;t;.:~ blJjldilJg~ ohj('\:-t or other real or personal property of
i 11:-;{Onc.u~ "~,~\:ilHc.:;u.int;_ -\/~lh~t: ,llld j:oik!jfi; r(:soun.:,;s, T!h;~~C pf01~rt1.es Of resources Inay include but are
not IH1Hkn co') ~v;nnUin~~nt':'l} ,.:vk:1l1t:n<ti~.i, iudian nabit;jt;oJlS~ C\~:n;ntOnial Siks~ 1\b~14Q.!~~g_~2ttlcmen~
Sunken Ships, Engineering Works, Treasure Trove, Artifaets, or olher objects wil.h Historical or
Archaeological Value, or any part thereofrclating, to the lJistory, (}overnmc.nl1Uld Culture of the Slate.
267,021-(1) Pn;scrvation or Historic Preservation means Identification.. Evaluation.. Re-documentation..
Amllysis, Re(;')Vs:r.LJ!~te!1)retation..
? Has F.LD.O.T. complied with Public Law 89-665, as amcnded regulations (36 erR Part ROO-revised III 1/01
Executive Order 11593 Chapter 267 (F.S. Revised 2001), N.E.I'.A. 91.190, D.O."l.A. ACI 1966 Public Law 89-
670
I. For all Phases of work on Highway # 29
2. For all Phases of work on Oil Well Road
3. For allPhascs of work on # 846
4. For all Phases of work on Camp Keais Road
5. For preliminary plans on it 29 Bypass Road
6. For all Phases of work on it 8S8
Policy 1.2
Clan fy how R.L.S.kO. interacts with the Florida Greenway and Trails Act - 2008 FJa
Statutes tith; 18 Chapter 7.60 -260.012 Hem I and 7., 3B, and 6-A,D,E,F [Naples Cultural Landscape]
Policy 1.6
No emphasis is put on the I Tistorieal Transporia{ion Rouics from the south to the north or the
west to the east in the present SSAs. [Naples Cultural I.andscapej
Policy 1.7
Historical Intcrpretatioll markers, Kiosks, and CultumllIcritagc should be allowed to be built
south of Oil Well Road and should have road acc~ planned for them. [Naples Cultural Landscape]
Review easement language and polieks to prevent F. W.C. from holding all casements. A 11 casements
should go to the ('.Qunty for the- Culluml and I kritage Trail. [Napks Cultural I ,andscape J
5
- .---,'.---..-----.,-'- -,--~.._....,.._...._-_.,--_....~--. ..
16 I IAn
Stewardship easements should be held by private entities -Florida Community Trust provided 630
million dollars between 2007 and 2008 and have encouraged and fostered public and private
partnerships. [Naples Cultural Landscape]
S.S.A. Credit agreements should include the Department of Community Affairs and Florida Forever
programs as the signatories. [Naples Cultural Landscape]
Policy 1.11
Do not remove all the layers in the matrix until a Historic and Cultural study has been done
to see how the past pioneers used the Natural Resources of the land. If a critical layer is removed in
respect to a Historic or Cultural site all future uses and activities in that layer are eliminated forever
[Naples Cultural Landscape]
Policy 1.12
Presently only credits for S.RA. can be transferred for lands that meet the defined Suitability
Standard in the R.L.S.A. for S.RA.s but language needs to be established to encompass criteria for
Historic and past Cultural sites. [Naples Cultural Landscape]
Policy 1.13
Do the procedures for the transfer of credits include language for Historical or Cultural
Resources since Stewardship credits do not IWillire any G.M.P. amendments.
[Naples Cultural Landscape]
Policy 1.18
Have any studies been implemented to see where the highest ground available can be used for
the Hislori';al or Cultw'al Heritage Trail and will it have a high enough ground elevation so that it will
not be prone to flooding? [Naples Cultural Landscape]
Policy 1.20
to; tl,,,r,, it provision or 'l percentage allocated for any educationalllrograms that interpret to the
public any part of a HistoriC'll or Culturally related lh';mc in the Trust. Are there any incentives to
owners to :;dl Credits that wili go for any prognuTls lhat hal'c to do with the county's past history?
[Naples Cultural Landscape]
Policy 4.7.1
Ii' [Owns arc described as havil1g "lndividllal Icl?l1t!!Yllnd Character" to what extent will the
tnterprcwtion in Ihe COllllllllJ1ily parks allow for! lisloric or Cultural values and is there a certain
p'm:cnl'1'('; in 51-'<1<:'0 or illt1<.1:o: allocatl.'d inlhc plans or designs and what willlhc towns display or
incorporate to educate the public about the county's Cultural past. [Naples Cultural Landscape]
Policy 4.7.2
J r viH,wcs haw "'Chm'3dcr" scaled [0 each particular village 10 whal extent does this parallel
cxl':I1,j tt) in liK i1ilrks <Uld Gn.'CE Spaccs on (l I Iistoricallcvcl and whal association docs this have with
the past Cl.lhui"ai I krit~,;(: vr 11](" past smalllo\-'~lS of Collier County [Napks Cultural Landscape)
Policy 4.7.3
6
. .-.----"....-..-.--.--......-.-.--,,--.
16fl*"
To what extent will the communities in the Hamlets contribute to the Historical and Cultural
values that were a past part of the county's history and how will this be reflected in their public Green
Spaces. [Naples Cultural Landscape]
Poticy 4. 9
Public access should be allowed on all right of ways, Stewardship easements or Conservation
easements in any area of land that is rated in AN_R.I. index of 1.2 or higher. By restricting any
Greenways or Buffer Zones the Historical and in particular the Cultural and scenic resourees of the land
will not allow for full enjoyment of any future proposed Historic.aI and Culturall kritagc trail and \\~II
limit Eco Tourism to unsatisfying scenic endeavors. Since there is only 7. % of lands thai win qualify for
a 1.2 or higher rating the absolute btlst lands must be used on the trail and an exception in the language
must hI) mad<) a~ it will be the C0U11ty'S only dlancc to interpret to the public in the true scenic beauty of
the land. lNapks Cultural Landscape]
Poticy 4.11
Where existing Agricultural activity joins a S.R.A. the design anhe S.R.k should not have
more than two geographical sides connecting eithcr in tandem or opposite that will impc,:Ic any
recreation/open space for a better possibility of having a more pleasing environment.
[Naples Cultural Landscape]
Policy 4.20
For clarification all language spoken of as ~Public Benefit" should include whethcr this
means -Public access. [Naples Culturall AUlds{'.Ilpel
llow do you quantify a p<)rc,mtage of Public Dellcl'it relating to Towns, Villages, and Hamlets
and is th"1"<) a c,-'rtain portiou of~Pub] k Ikllcfit" that has in any tangible way a reflection of any part of
Collier Couuty'~ past eultill'e or llcritage. [Naples Cultural Landscape]
7
II
16 , l~n
October 6, 2008
Mr. Thomas Greenwood
Principal Planner
Comprehensive Planning Department
2800 North Horseshoe Drive
Naples, FL 34105
Re: Collier County RLSA Phase II Policy Group 5
Dear Mr. Greenwood:
Our firm, together with WilsonMiller, Inc., represents Alico, Inc., Pacific Tomato Growers,
Barron Collier Company, Consolidated Citrus, Priddy Farm, Half Circle L Ranch, Ranch One
Coop., English Properties, and Collier Enterprises, who collectively comprise the "Eastern
Collier Property Owners" or ECPO in the ongoing review of the Collier County Rurai Lands
Stewardship Area ("RLSA").
Pursuant to the established procedures for the 5-year review of the RLSA program, we
offer the following comments and recommendations for consideration by lhe Committee during
the Phase 2 process currently underway.
In this letter we will offer our comments and recommendations related to Policy Group 5.
Group 5 Policies
Policy 5.1
1. The Conservancy strongly supports regulation of land uses in the Habitat Stewardship
Areas (HSA) and Flowway Stewardship Areas (FSA). regardless of whether the
landowner participates in the RLSA program. This should include restrictions of some
permitted and conditional uses and should include all lands, regardless of their
participalion in lhe RLSA. For example, on lands not voluntarily participating in the
RLSA, Policy 5.1 removes use layers 1-4 within FSAs. However, Collier County should
assess whether all agricultural aclivities are appropriate for FSAs, and potentially
. -'-T-"
Mr. Thomas Greenwood
October 6, 2008
Page 2
16' 1ltn
remove the more active agricultural uses as incompatible with protection of the quality,
quantity and maintenance of the natural water regime in the FSAs. Within Policy 5..1, for
HSAs, the only outright prohibilion is for asphaltic and concrete batch making plants.
The Conservancy believes lhis should be reassessed, with the opportunity to expand the
prohibited uses within HSAs and FSAs. Also, Policy 3.7 specifically should be
reassessed as to the allowances within HSAs. The Conservancy believes that golf
courses, and other impacting uses, are incompatible with all HSAs.
ECPO Comments: FSAs and HSAs were purposely defined broadly enough to allow a juslified
mix of habitat required for species and adequate land uses. The mix of land use activities within
FSAs and HSAs are necessary to enable the delineation of the large interconnected systems.
The Group 5 policies collectively provide a set of minimum land development standards that
apply only when a land owner does not participate in the RLS program. In the case of Policy
5.1, the FSA provision addresses a narrow issue of water quality within regional flow ways,
where the more intensive land uses could impact offsite areas. Of the 31,100 acres of FSA,
only 800 acres are active agriculture. Within the HSAs it has been confirmed by many biological
experts, including Darrel Land who spoke with the RLS Committee, that species are very adept
at utilizing and traversing agriculture lands.
Policy 5.4
2. Stronger language for wildlife underpasses and a map of locations
ECPO Comments: The RLSA program provides a tremendous framework for facilitating the
establishment of wildlife underpasses, by protecting large expanses of habitat with SSA lands.
The actual need assessments, locating, design, and construction of wildlife underpasses occurs
through the efforts of state and/or federal wildlife and transportation agencies, either as part of
public works projects or as part of the regulatory process for development projecls. As one
example, FWC researchers continually evaluate the need for panther crossings, and have maps
of exisling and proposed panther underpasses.
3. Panther deaths on 846 are mentioned, but nol those on Rle 29 or 41 east, which are
many.
ECPO Comments: Panther deaths on Route 41 Easl are miles south of the RLSA, as are
incidents on SR 29 south of the Sunniland mines. The panther-vehicle collisions on CR 846 east
of Immokalee were considered when designating the FSA and HSA stewardship overlays in that
area. SSA 3 and SSA 4 were laler designated along lhal segment of CR 846 specifically to
provide opportunities for future panther crossings.
FWC has documented the location of all known panther-vehiCle collisions in a GIS database.
This information, in conjunction wilh FWC's least cost path modeling of panther movements,
has been and will be used to identify promising sites for additional panther crossings. The RLSA
program facilitates the establishmenl of these wildlife underpasses by preserving existing land
uses in the vicinity of lhe crossings.
Policy 5.6
4. The actual ability to develop in lhe RLSA under the standard zoning did not include an
analysis of what amount of non-jurisdictional lands could actually be permitted. This
_..n..__...__'___ '_ ____--"._.__.
Mr. Thomas Greenwood
October 6, 2008
Page 3
1611k.,
produced a false sense of urgency to protect environmentally sensitive land that in
reality may never have been allowed to be improved. Even as 5 or 10 acre homesites,
the ability to infringe upon wellands is limited.
ECPO Comments: An analysis of the specific jurisdictional wetland permitting conditions of the
entire 300 square mile RLS was not within the scope of the Rural Land Study, nor is such an
analysis required for comprehensive planning. Further, as the RLSA is an optional overlay, it is
an alternative to development under the existing zoning, not a replacement.
The standard zoning of the enlire RLSA is Agriculture. Under this zoning, a wide range of land
uses are permitted by right or conditional use that can have impacts to jurisdictional areas,
including the full range of agricultural activities, farmworker housing, commercial excavations,
and residential development. Under the standard zoning, land ownership can be subdivided and
fragmented in ways that compromise wetland and habitat connectivity. Once this occurs, it is
very expensive and difficult to reassemble land into manageable systems (Southern Golden
Gate Estales). The RLSA creates incentives for more sustainable and environmentally sound
patterns of proteclion and development on a landscape basis.
In addition, many environmentally sensitive lands within the RLSA are not jurisdictional
wetlands, yet provide important habitat for Florida panther, Florida black bear, Big Cypress fox
squirrel, and other listed species. Large areas of non-jurisdictional land are included in Habitat
Stewardship Areas, particularly where these occur in proximily to native vegetated areas or
flowways.
The "sense of urgency" for protecting environmentally sensitive lands pre-dates the RLSA, and
in fact was a key catalyst that led to the establishment of the Final Order, the Rural Lands
Study, and the resulting RLSA program. The Florida Forever program (and its predecessors)
targeted the CREW lands (Camp Keais Strand) and the Okaloacoochee Slough long before the
creation of the RLSA. Various state and federal analyses projected strong development
pressures on wetlands within the RLSA before the RLSA program was created. The South
Florida Ecosystem Restoration program predicates much of its land acquisition strategy on
potential wetland losses and landscape-scale fragmentation.
We appreciate the opportunity to offer these comments and recommendations 10 you
and look forward to discussing any questions you or the Committee may have concerning lhem.
Very lruly yours,
John M. Passidomo
For the Firm
6434-13239 #179 - Greenwood Ltr 5 ECPO responses to Group 5 comments
._.....<'-_._._--~..,_._-~-..,----,-~-,._.......__..-..--..--------,r--------
Policy 5.1
To protect water quality and quantity and maintenance of the natural water regime in areas mapped as
FSAs and lands described in Policy 3.12 surroundiml the Caron Keais Strand and Okaloacoochee Slou2h
on the Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit
Program. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and
Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated in FSAs and lands described in
Policy 3.12. Conditional use essential services and governmental essential services, except those
necessary to serve pennitted uses or for public safety, shall only be allowed in FSAs with a Natural
Resource Stewardship Index value of 1.2 or less. Where practicable, directional-drilling techniques
and/or previously cleared or disturbed areas shall be utilized for oil or gas extraction in FSAs in order to
minimize impacts to native habitats. Asphaltic and concrete batch making plants shall be prohibited in
areas mapped as HSAs. The opportunity to voluntarily participate in the Stewardship Credit Program, as
well as the right to sell conservation easements or a free or lesser interest in the land, shall constitute
compensation for the loss of these rights.
Policy 5.4
Collier County will coordinate with appropriate State and Federal agencies concerning the provision of
wildlife crossings at locations determined to be appropriate. A man of these crossino: locations will be
deve100ed bv Januarv. 2010 and used in evaluatin~ community and transoortation olannine for the RLSA.
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program, non~
agricultural development, excluding individual single family residences, shall be directed away from the
listed species and their habitats by complying with the following guidelines and standards:
1. A wildlife survey shall be required for all parcels when listed species are known to
inhabit biological communities similar to those existing on site or where listed
species are directly observed on the site. The survey shall be conducted in accordance
with the requirements of the Florida Fish and Wildlife Conservation Commission
(FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall
notify the FFWCC and USFWS of the existence of any listed species that may be
discovered. No local oermits shall be issued until necessary state and federal oennits
have been obtained.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and
can be anticipated to be occupied by listed species. These plans shall describe how
the project directs incompatible land uses away from listed species and their habitats.
a. Management plans shall incorporate proper techniques to protect listed species
and their habitats from the negative impacts of proposed development. Open
space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
Provisions such as fencing, walls, or other obstructions shall be provided to
minimize development impacts to the wildlife and to facilitatt: and encourage
wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses
and slgnage shall be used where roads must cross wildlife corridors.
I. The following references shall be used, as appropriate, to prepare the
required management plans:
1. South Florida Multi-Species Recovery Plan, USFWS, 1999.
2. Habitat Management Guidelines for the Bald Eagle in the Southeast
Region, USFWS, 1987.
16' l.+n
-----,y--'-'
3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphemus) Populations found on Lands Slated for Large Scale
Development in Florida, Technical Report No.4, Florida Game and
Fresh Water Fish Commission, 1987.
4. Ecology and Development-Related Habitat Requirements of the Florida
Scrub Jay (Apelocoma coerulescens), Technical Report No.8, Florida
Game and Fresh Water Fish Commission, 1991.
5. Ecology and Habitat Protection Needs of the Southeastern American
Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in
Florida, Nongame Technical Report No. 13. Florida Game and Fresh
Water Fish Commission, 1993.
ij, The County shall consider any other teclmiques recommended by the USFWS
and FFWCC, subject to the provision of paragraph 3 of this policy.
iii. When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, a minimum of 40% of native
vegetation on site shall be retained, with the exception of clearing for
agricultural purposes. The County shall also consider the recommendation of
other agencies, subject to the provisions of paragraph 3 of this policy.
b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall
be given to protecting the largest most contiguous gopher tortoise habitat with
the greatest number of active burrows, and for providing a connection to off
site adjacent gopher tortoise preserves.
c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall
conform to the guidelines contained in Teclmical Report No.8, Florida Game
and Fresh Water Fish Commission, 1991. The required management plan shall
also provide for a maintenance program and specifY an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall
also outline a public awareness program to educate residents about the on-site
preserve and the need to maintain the scrub vegetation. These requirements
shall be consistent with the UFWS South Florida Multi~Species Recove'Y Plan,
May 1999, subject to the provisions of paragraph (3) of this policy.
d. For the bald eagle (Haliaeetus leucocephalus), the required habitat management
plans shall establish protective zones around the eagle nest restricting certain
activities. The plans shall also address restricting certain types of activities
during the nest season. These requirements shall be consistent with the UFWS
South Florida Multi-Species Recover Plan, May 1999, subject to the provisions
of paragraph (3) of this policy.
e. For the red-cockaded woodpecker !p{ficoides borealis), the required habitat
protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse effects
can not be avoided, measures shall be taken to minimize on-site disturbance
and compensate or mitigate for impacts that remain. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan, May
1999, subject to the provision of paragraph 3) of this policy.
f. In areas where the Florida black bear (Ursus americanus floridanus) may be
present, the management plans shall require that garbage be placed in bear-
proof containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting habitat
suitable for black bear shall be considered in the management plan.
16' 1*..1
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g. For projects located in Priority I or Priority II Panther Habitat areas, the
management plan shall discourage the destruction of undisturbed, native
habitats that are preferred by the Florida panther (Felis concolor coryi) by
directing intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood hammocks. In turn, these areas shall be
buffered from the most intense land uses of the project by using low intensity
land uses (e.g., parks, passive recreational areas, golf courses). Golef courses
within the Rural Lands Area shall be designed and managed using standards
found within this Overlay. The management plans shall identify appropriate
lighting controls for these pennitted uses and shall also address the opportunity
to utilize prescribed burning to maintain fire-adapted preserved vegetation
communities and provide browse for white-tailed deer. These requirements
shall be consistent with the USFWS South Florida Multi-Species Recover Plan,
May 1999, subject to the provisions of paragraph (3) oftrus policy. The Multi-
Snedes Recoverv Plan (1999) shall constitute minimum wildlife nrotection
standards for the RLSAO,
h. The Management Plans shall contain a monitoring program for developments
greater than 1 () acres.
3. The County shall, consistent with applicable policies of this Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service
in issuing development orders on property containing listed species7 or listed snecies
habitat canable of sUDoortinll wildlife. and can be anticiDated to be occuDied bv listed
~ It is recognized that these agency recommendations, on a case by case basis,
may eflaftgestrenethen the requirements contained within these wildlife protection
policies and any such change shall be deemed consistent with the Growth Management
Plan. However. no relaxation of these wildlife orotection Dolicies will be considered.
Policy 5.6
Anv develoDment on lands not oartidDatinll in the RLSA ProlZTam will not be included in anv oossible
Habitat Conservation Plan Conservation AlZreement or other federal eauivalent under the Endanllered
Soecies Act in the RLSA. and are reauired to oursue aoorooriate DennittinlZ and mitillation throullh the
Florida Fish and Wildlife Conservation Commission and US Fish and Wildlife Service. No county
develooment authorization shall be issued until a USFWS ESA Section 7 or 10 authorization is issued or
deemed unecessarv for the oroDosed develooment.
[** For Policy 5.16 (wetlands protections), I would like to revise the numerous references to
WRAP (delete) and use UMAM as the functional evaluation standard. I also suggest adding a
policy disallowing exotics removal counting at all as wetland impact mitigation (5.6.3.f. - add a
new "iv".) Finally, I would like to add incentives to restore wetlands and habitat through non-
RLSA tools, like Farm Bill easements, grants, tax benefit programs, etc.]
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0"
'_C.________M...'______---,,---_._
Policy 5.1ft
For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier County
shall direct non-agricultural land uses away from high functioning wetlands by limiting direct impacts
within wetlands. A direct impact is hereby defined as the dredging or filling of a wetland or adversely
changing the hydroperiod of a wetland. This policy shall be implemented as follows:
1. There are two (2) major wetlands systems within the RLSA, Camp Keais, Strand and the
Okaloacoochee Slough. These two systems have been mapped and are designated as
FSA's. Policy 5.1 prohibits certain uses within the FSA '5, thus preserving and protecting
the wetlands functions within those wetland systems.
2. The other significant wetlands within the RLSA are WRA's as described in Policy
3.3.These areas are protected by existing SFWMD wetlands permits for each area.
3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpenneable surface limitations, and requirements
addressing surface water flows which protect wetland functions within the wetlands in
those areas. Other wetlands within the RLSA are isolated or seasonal \vetlands. These
wetlands will be protected based upon the wetland functionality assessment described
below, and the final permitting requirements of the South Florida Water Management
District.
a. The County shall apply the vegetation retention, open space and site preservation
requirements specified within this Overlay to preserve an appropriate amount of
native vegetation on site. Wetlands shall be preserved as part of this vegetation
requirement according to the following criteria;
i. The acreage requirements specified within this Overlay shall be met by
preserving wetlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph b of this
policy. The vegetative preservation requirements imposed by Policies 5.3 and
5.5 shall first be met through preservation of wetlands having a functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7, or greater. Within one year from the effective date of this
Amendment, the County shall develop specific criteria in the LDC to be used
to determine those instances in which wetlands with a WRAP functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7, or greater must be preserved in excess of the preservation required
by Policy 5.3.
ii. Wetlands utilized by listed species or serving as corridors for the movement of
listed species shall be preserved on site. Wetland flowway functions through
the project shall be maintained.
iii. Proposed development shall demonstrate that ground water table
drawdowns or diversions will not adversely change the hydoperiod of
preserved wetlands on or offsite. Detention and control elevations shall be set
to protect surrounding wetlands and be consistent with surrounding land and
project control elevations and water tables. In order to meet these requirements,
projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of
SFWMD's Basis of Review, January 2001. Upland vegetative communities
may be utilized to meet the vegetative, open space and site preservation
requirements of this Overlay when the wetland functional assessment score is
less than 0.65.
b. In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
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Management District's Wetland Rapid Assessment Procedure (WRAP), as described
in Technical Publication Reg-OOI, dated September 1997, and updated August 1999,
or the Uniform Wetland Mitigation Assessment Method, identified as F.A.C.
Chapter 62-345. The applicant shall submit to County staff agency-accepted WRAP
scores, or Uniform Wetlands Mitigation Assessment scores. County staff shall
review this functionality assessment as part of the County's EIS pfO\'isions and shall
use the results to direct incompatible land uses away from the highest functioning
wetlands according to the requirements found in paragraph 3 above.
c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (f)
of this policy.
d. Single family residences shall follow the reqUirements contained within Policy 6.2.7
of the Conservation and Coastal Management Element.
e. The County shall separate preserved wetlands from other land uses with appropriate
buffering requirements. The County shall require a minimum 50.foot vegetated
upland buffer abutting a natural water body, and for other wetlands a minimum 25-
foot vegetated upland buffer abutting the wetland. A structural buffer may be used in
conjunction with a vegetative buffer that would reduce the vegetative buffer width by
50%. A structural buffer shall be required abutting wetlands where direct impacts are
allows ed. Wetland buffers shall conform to the following standards:
i. The buffer shall be measured landward from the approved jurisdictional line.
ii. The buffer zone shall consist of preserved native vegetation. Where native
vegetation does not exist, native vegetation compatible with the existing soils and
expected hydrologic conditions shall be planted.
iii. The buffer shall be maintained free of Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
iv. The following land uses are considered to be compatible with wetland functions
and are allowed within the buffer:
(I) Passive recreational areas, boardwalks and recreational shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
v. A structural buffer may consist of a stern-wall, berm, or vegetative hedge with
suitable fencing.
f. Mitigation shall be required for direct impacts to wetland in order to result in no net
loss of wetland functions.
Mitigation Requirements:
i. "No net loss of wetland functions" shall mean that the wetland functional score of
the proposed mitigation equals or exceeds the wetland functional score of the
impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's.
ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands
shall be compensated for by providing an equal amount of storage or conveyance
capacity on site and within or abutting the impacted wetland.
iii. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation by placing a conservation easement over the
land in perpetuity, providing for initial exotic plant removal (Class I invasive
exotic plants defined by the Florida Exotic Plan Council) and continuing exotic
plant maintenance, or by appropriate ownership transfer to a state or federal
agency along with sufficient funding for perpetual management activities.
--"-"--"-
161lhrt
iv. Under no circumstances will exotics removal or maintenance be considered
acceotable miti23tion for the loss of wetlands or listed soecies habitat.
Wy. Prior to issuance of any final development order that authorizes site alteration,
the applicant shall demonstrate compliance with paragraphs (t) i, ii, and iii of this
policy. If agency permits have not provided mitigation consistent with this
policy, Collier County will require mitigation exceeding that of the jurisdictional
agencies.
g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as
separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be
depicted on the pun Master Plan. These areas shaH be maintained free from trash and debris
and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council. Land uses allowed in these areas shall be limited to those listed above (3.e.iv.) and
shall not include any other activities that are detrimental to drainage, flood, control, water
conservation, erosion control or fish and wildlife habitat conservation and preservation.
4. All landowners shall be encouralled to consider oarticioatin~ in any OfOQ:faJTIS that ofOvide incentives
funding: or other assistance in facilitatimz wetland and habitat restoration on orivate lands. including: but
not limited to federal farm bill amicultural conservation orOlrnlms. orivate or oublic IZTants tax incentives.
easements. and fee or less than fee sale to conservation OfOllfams.
Policv 5.8
Anv develooment on lands not oarticioating: in the RLS orog:ram shall be reauired to assure comoatibilitv
with surroundin21and uses. Outdoor lig:htin2 shall be reasonably manalZed to ofOtect the nillhttime
environment conserve eDen!\!. and enhance safety and securitv. Other comoatibilitv elements to be
addressed include but are not limited to aoofOoriate buffers. smoke easements. and amcultural neillhbor
allfeements.
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II
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,l-,COote! \~,;r"'i i~!).nJ;'~:~S:\}"":;:-,,
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, October 3,2008
LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for
the County of Collier having conducted business herein, met on this date at
9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government
Complex, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
Sue Chapin, Secretary to the Special Magistrate
STAFF PRESENT: Kitchell Snow, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
Mise, Corres:
Date: l \ It q,{ rfil
Item#J b 1:. [~\
Copies to
-~-~,.. "--'----.J
lc6bl31ooS1
I. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda
Garretson at 9:00 AM. All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson.
Special Magistrate Garretson noted that, prior to conducting the Hearing, the
Respondents were given an opportunity to speak with their Investigating
Officer(s) for a Resolution by Stipulation; looking for compliance without being
punitive.
RECESS: 9:17 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following
changes:
(a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the
County due to compliance and/or payment:
. Agenda # 1, Case # DAS 11808 - BCC vs. Julio Farina
. Agenda # 2, Case # DAS 11809 - BCC vs. Julio Farina
. Agenda # 3, Case # DAS 11651 - BCC vs. Joe Poppaceno
. Agenda # 19, Case # 2007050735 - BeC vs. Irene Sylva & Rafael Rosas
(c) Under Item VI, "New Business," the County removed the following case which
was placed on the Agenda in error:
. Agenda # 7, Case # 2007100766 - BCC vs. Jacinto Luna & Angela Vickery
The Special Magistrate approved the Agenda as amended, subject to changes made during
the course of the Hearing at the discretion of the Special Magistrate.
III. APPROVAL OF MINUTES
Sue Chapin, Secretary to the Special Magistrate, proposed the following change:
. (Page 10) Agenda #18, Case # CENA 20080001934 - BCe vs. Ryan M. Hoover,
the amount assessed was corrected from $150.00 to $155.00.
The Minutes oft/Ie Special Magistrate Hearing held on September 19,2008 were
reviewed by the Special Magistrate and approved as amended.
IV. MOTIONS
A. Motion to Vacate Order:
2
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1. Case # 2007080213 - Bce vs. Gilda Navarro I Countrywide Bank
The Hearing was requested by Collier County Code Enforcement Investigator Mario
Bono who was present.
The Respondent was not present.
Michael A. Durant, Attorney for the buyer, was also present, as an interested third-
party .
Violation(s): Florida Building Code, 2004 Edition, as adopted by Collier Co.,
Sees. 424.2.17.1 & 424.2.17.1.8
Swimming pool without fencing or enclosure
Violation address: 9741 Campbell Circle, Naples 34109
The property, previously owned by Gilda Navarro, was acquired by Countrywide
Bank.
The Investigator introduced four photographs verifying compliance which were
marked as County's Exhibits "A" through "D."
The Special Magistrate GRANTED the Motion to Vacate a previous Order.
B. Motion for Continuance - NONE
V. PUBLIC HEARINGS
A. Stipulations:
13. Case # PU 4407 - BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator George Cascio who was present.
The Respondent was represented by Christopher Cartee, Project Manager.
Violation(s): Ord. 2001-73, Sec. 1.4(N)
Unlawful connection to Collier Co. water supply
Violation address: 9645 Cobalt Cove, Naples 34120
A Stipulation was entered into on behalf of the Respondent, Centex Homes, by
Christopher Cartee, Project Manager on October 3, 2008.
The Investigator stated the violation was a repeat violation of an Order entered on
February I, 2008.
The Special Magistrate stated she would take Judicial Notice of the Order.
The Investigator requested assessment of a civil penalty in the amount of $5,000.00.
3
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16oLJ3,fll
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of$5,000.00, together
with an administrative fee of $5. 00 on or before November 3,2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
November 3, 2008.
Total amount owed: $5,055.00
14. Case # PU 4408 - BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator George Cascio who was present.
The Respondent was represented by Christopher Cartee, Project Manager.
Violation(s): Ord. 1997-33, Sec. 6.A. 7
Circumvented backflow device
Violation address: 9645 Cobalt Cove, Naples 34120
A Stipulation was entered into on behalf of the Respondent. Centex Homes, by
Christopher Cartee, Project Manager on October 3, 2008.
The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00,
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of $1, 000. 00, together
with an administrative fee of $5. 00 on or before November 3,2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or before
November 3, 2008.
Total amount owed: $1,055.00
15. Case # PU 4409 - BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator George Cascio who was present.
The Respondent was represented by Christopher Catiee, Project Manager.
Violation(s): Ord. 1997-33, Sec. 6.A.6
Unapproved alteration of a backflow device
Violation address: 9641 Cobalt Cove, Naples 34120
A Stipulation was entered into on behalf of the Respondent, Centex Homes, by
Christopher Cartee, Project Manager on October 3, 2008.
The Investigator requested assessment ofa civil penalty in the amount of$I,OOO.OO.
4
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16 , llot.,108
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of $1,000.00, together
with an administrative fee of $5. 00 on or before November 3,2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
November 3, 2008.
Total amount owed: $1,055.00
16. Case # PU 4433 - BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator George Cascio who was present.
The Respondent was represented by Christopher Cartee, Project Manager.
Violation(s): Ord. 1997-33. Sec. 6.A.6
Alteration of a backflow
Violation address: 8148 Monticello Ct., Naples 34104
A Stipulation was entered into on behalfofthe Respondent, Centex Homes, by
Christopher Cartee, Project Manager on October 3, 2008.
The Investigator requested assessment of a civil penalty in the amount of $1 ,000.00.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of$1,000.00, together
with an administrative fee of $5. 00 on or before November 3,2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
November 3, 2008.
Total amount owed: $1,055.00
17. Case # PU 4434 - BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator George Cascio who was present.
The Respondent was represented by Christopher Cartee, Project Manager.
Violation(s): Ord. 1997-33, Sec. 6.A.6
Alteration of a backflow
Violation address: 8171 Jefferson Ct., Naples 34104
A Stipulation was entered into on behalf of the Respondent, Centex Homes, by
Christopher Cartee, Project Manager on October 3, 2008.
5
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16 I olbe~J8
The Investigator requested assessment ofa civil penalty in the amount of$I,OOO.OO.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violationM and was ordered to pay a civil penalty of $1,000. 00, together
with an administrative fee of $5. 00 on or before November 3, 2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or before
November 3, 2008.
Total amount owed: $1,055.00
18. Case # PU 4356 - BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator George Cascio who was present.
The Respondent was represented by Christopher Cartee, Project Manager.
Violation(s): Ord. 1997-33, Sec. 6.A (6)
Illegal altering of a backflow prevention assembly
Violation address: 9505lronstone Terrace, Bldg. 28, Naples, 34120
A Stipulation was entered into on behalf of the Respondent, Centex Homes, by
Christopher Cartee, Project Manager on October 3, 2008.
The Investigator requested assessment ofa civil penalty in the amount of$I,OOO.OO.
Finding the Notice of Hearing was properly served, the Respondent was found GUILTY
of the alleged violation(s) and was ordered to pay a civil penalty of$1,OOO.00, together
with an administrative fee of $5. 00 on or before November 3,2008, unless altered by
a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
November 3,2008.
Total amount owed: $1.055.00
B. Hearings:
4. Case # CO-02301 CEVFH 20080012232 - BCC vs. Bruno Prada-Hoyos c/o
TLC Non-Emer!!:encv Med. Transport
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
The Respondent was present.
Ricardo Hoyos, General Manager, was also present.
Violation(s): Code of Laws and Ord. Chap. 142, Sec. 142-33(J), 142-37(B)
Second Offense - Operated a vehicle for hire for TLC and made
6
II
a passenger pick up in Collier Co. without a valid Driver ID issued
by Code Enforcement.
Violation address: Naples Community Hospital North
16 f loclr r008
The Respondent admitted the violation and requested additional time to pay the fine.
The Investigator stated the driver has now obtained a valid identification.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of$500.00,
together with an administrative fee of$5.00 on or before January 17, 2009, unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
January 17, 2009.
Total amount owed: $555.00
5. Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo. Inc.
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
Assistant County Attorney Jeff Wright was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code ofLaws & Ord., Chap. 142, Sec.(s) 142-33 (1),142-34, 142-37(B)
Allowed/employed Neil Walmsley to operate a vehicle for hire making
a passenger pick up in Collier Co. without first obtaining a Driver ID
issued by Code Enforcement
Violation address: 851 Gulfshore Blvd.
The case was continued from the September 19,2008 Docket.
The Investigator stated the assigned Assistant County Attorney was not available due
to personal leave. Assistant County Attorney Jeff Wright asked for a Continuance.
Attorney Perkins stated the Respondent objected to the granting of a Continuance.
The Special Magistrate GRANTED the County's Request for a CONTINUANCE.
Special Magistrate ruled the Attorneys would be allowed to submit legal position
papers {Memorandum of Law} via email on October 13, 2008. The Attorneys are
to decide by October 16,2008 whether or not to request adding the case to the
October 17, 2008 Hearing Agenda and to notify Code Enforcement of same.
6. Case # CO-00194 CEVFH 20080007574 - BCC vs. Clean Ride Limo. Inc.
7
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16' 1 6f3,2008
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
Assistant County Attorney Jeff Wright was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, SEC.(S) 142-51(A), 142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without a valid PV AC issued Certificate to Operate a passenger
transport business
Violation address: 3950 Radio Rd. as destination
The Special Magistrate ruled the case would be CONTINUED. (Reference:
Agenda # 5, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo,
Inc.)
7. Case # CO-OOI92 CEVFH 20080007320 - BCC vs. Clean Ride Limo. Inc.
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
Assistant County Attorney Jeff Wright was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) l42-51(A), 142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without a valid PV AC issued Certificate to Operate a passenger
transport business
Violation address: 851 Gulfshore Blvd. N. as destination
The Special Magistrate ruled the case would be CONTINUED. (Reference:
Agenda # 5, Case # CO-00197 CEVFH 20080008631- BCC vs. Clean Ride Limo,
Inc.)
8. Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo. Inc.
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
Assistant County Attorney Jeff Wright was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without a valid PV AC issued Certificate to Operate a passenger
transport business
8
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16 , 1813,2008
Violation address: 851 Gulfshore Blvd. N. as destination
The Special Magistrate ruled the case would be CONTINUED. (Reference:
Agenda # 5, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo,
Inc.)
9. Case # CO-00195 CEVFH 20080007692 - BCC vs. Bobbv D. Calvert.
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
Assistant County Attorney Jeff Wright was also present.
The Respondent was present and represented by his Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B),
142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without first obtaining a Driver ID issued by Collier Co. Code
Enforcement
Violation address: 851 Gulfshore Blvd. N.
The Special Magistrate ruled the case would be CONTINUED. (Reference:
Agenda # 5, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo,
Inc.)
10. Case # CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmslev
The Hearing was requested by Collier County Code Enforcement Investigator
Michaelle Crowley who was present.
Assistant County Attorney Jeff Wright was also present.
The Respondent, Bobby Dwight Calvert, owner, was present and represented by his
Attorney, Brandon Perkins.
Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B),
142-58(F)(4)
Operated a vehicle for hire making passenger pickup in Collier Co.
without first obtaining a Driver ID issued by Collier Co. Code
Enforcement
Violation address: 851 Gulfshore Blvd. N. as destination
The Special Magistrate ruled the case would be CONTINUED. (Reference:
Agenda # 5, Case # CO-00197 CEVFH 20080008631- BCC vs. Clean Ride Limo,
Inc.)
VI. NEW BUSINESS
9
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16116'
October 3,2008
A. Motion for Imposition of Fines:
3. Case # CEPM 20080007331 - BCC vs. Dian & June Edwards
The County was represented by Investigative Supervisor Kitchell Snow and Property
Maintenance Specialist Joe Mucha.
The Respondent, Dian Edwards, was present and also represented his wife, June.
Violation(s): Collier Co. Code of Laws & Ord, Chap. 22, Article VI, Sec. 22-231,
Sub(s). 1-5,9,121, 12K, 12N, 12P, 12R, 19A, 19C & 20
Vacant rental property with several minimum housing violations
Violation address: 4654 24th PL SW, Naples 34116
The Supervisor stated the violations had not been abated and fines continue to
accrue.
The County requested imposition of Operational Costs in the anlount of $118.04,
together with fines in the amount of $10,250.00 for the period from August 23, 2008
through October 3,2008 (41 days @ $250/day), for a total amount of $10,368.04.
The Respondent stated the property was severely damaged by a tenant and was
forced to refinance the property to obtain the funds for the extensive repairs ($20,0000).
A subsequent tenant was evicted due to non-payment of rent. He stated a new tenant
is able to complete the repairs. However, the new tenant is no longer working, cannot
pay rent and the Respondent is unable to supply additional materials. The property may
go into foreclosure.
The Investigator stated the Respondent, while very cooperative, underestimated the
amount oftime needed to complete the repairs. The Investigator listed the remaining
items to be repaired such as: installing a front door on the porch, repairing the porch
screens, installing a sliding door from the house to the porch, and demolition of a
shed.
The Special Magistrate ruled the case would be CONTINUED to December 3, 2008,
and the fines would not accrue during the interim period.
The Special Magistrate stated if the repairs are not completed as previously outlined,
the fines would be reinstated and would become retroactive to the October 3rd Hearing.
10. Case # 2007110155 - BCC vs. Bolomin & Ravmonde Charles
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Weldon Walker.
The Respondents were also present.
Violation(s): Ord. 04-41, as amended, Sec. 2.01.00(B)(3)
Commercial vehicle(s) parked/stored in residentially zoned property
10
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16 'lob2108
Violation address: 107 White Way, Immokalee 34]42
The Supervisor stated the violations had been abated and the Operational Costs were
paid.
The County requested imposition of fines in the total amount of $1 ,350.00 for the
period from August 26, 2008 through September 22, 2008 (27 days @ $50/day).
The Respondent stated he was in Haiti when the Order was issued. When he
returned, there was a death in his daughter's family. Due to his own health issues,
he was not able to work. He stated he did not remember receiving the Order.
The Investigator stated he performed cite visits to the property on four separate dates:
08/13,09/05, 9/22 and 09/30. He stated the Respondent told him the bus would be
removed and the Investigator discussed the other violations to be corrected. He
advised the Respondent to contact him when there was compliance. The Investigator
stated he was never contacted.
The Respondent, Mrs. Charles, stated the bus was removed on September 17, 2008.
The Special Magistrate GRANTED the County's Requestfor an Imposition of
Fines but reduced the total amount to $500.00 due to mitigating circumstances.
11. Case # 2007110125 - BCC vs. Bolomin & Ravmonde Charles
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Weldon Walker.
The Respondents were also present.
Violation(s): Ord. 05-44, as amended, Sec(s) 6,7 & 8
Prohibited accumulation of litter
Violation address: 107 White Way, Immokalee 34142
The Supervisor stated the violations had not been abated and fines continue to accrue.
The Operational Costs were paid.
The County requested imposition of fines in the total amount of$3,200.00 for the
period from July 31,2008 through October 3, 2008 (64 days @ $50/day).
The Respondent stated he did not own a bicycle. Some of the items previously stored
in the bus were left when the bus was removed. There was confusion concerning
whether or not the items were considered "litter".
The Investigator outlined the various remaining items that were classified as litter, for
example, carpeting. The Respondent, Raymonde Charles, stated the old carpet was
used to cover wet spots (mud) on the ground. The Respondent, Bolomin Charles,
11
- . ,.......~.'''.~_.~___.~_,._".J.'----w-~~__~~~.__,.._..__,._
16 '01_218
,
stated he did not walk around his property due to his health issues. He also thought
the items could remain in the back yard.
The Investigator stated he had explained to the Respondents that the remaining items
oflitter were required to be removed from the entire property.
The Special Magistrate questioned the Respondents as to why the items had not been
removed after the Investigator explained what was and what was not classified as
litter.
The Special Magistrate GRANTED the County's Requestfor an Imposition of
Fines but reduced the total amount to $500.00 provided the litter is completely
removedfrom the property within two weeks. Fines will not accrue during this
period and the Order will not be executed until October 17, 2008.
The Special Magistrate further ruled the Order will be held until she was notified
by Code Enforcement of the status of the property.
12. Case # 2007100770 - BCC vs. BoIomin & Ravmonde Charles
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Weldon Walker.
The Respondents were also present.
Violation(s): LDC 04-41, as amended, Sec. 2.01.00(A)
Multiple unlicensed/inoperable vehicles
Violation address: ] 07 White Way, Immokalee 34] 42
The Supervisor stated the violations had been abated.
The County requested imposition of Operational Costs in the amount of $1] 7.34
and fines in the amount of $2,050.00 for the period from August 12, 2008 through
September 22,2008 (41 days @ $50/day), for a total amount of$2,167.34.
The Respondents stated the vehicles were removed on September 13,2008.
The Special Magistrate GRANTED the County's Requestfor an Imposition of
Fines but reduced the total amount to $1,117.34 due to mitigating circumstances.
RECESS: 11 :34 AM
RECONVENED: 12:00 NOON
V. PUBLIC HEARINGS
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1 6 I ltl3loo8
B. Hearings:
11. Case # PU 4439 - BCC vs. John Downev
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator Mike Andresky who was present.
The Respondent was not present.
Violation(s): Ord 2001-73, Sec. 1.4 (6.4)
Illegal connection at meter box area. Previous illegal connection on
9-3-08. The connection was terminated by Water Distribution.
Violation address: 615 106th Ave., Naples 34108
The Investigator stated this was a second violation. The first illegal connection
occurred on September 3, 2008 and was terminated.
He introduced a copy of the "Track & Confirm" report from the U.S. Postal Service
website verifying delivery which was marked as County's Exhibit "A" and entered
into evidence. He also introduced a photograph of the illegal connection which was
marked as County's Exhibit "B" and entered into evidence.
The Investigator requested imposition ofa fine of$I,OOO.OO since the issue concerned
public health, safety and welfare.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of $1,000. 00,
together with an administrative fee of $5. 00 on or before November 3, 2008, unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
November 3, 2008.
Total amount owed: $1,055.00
12. Case # PU 4438 - BCC vs. Santa Barbara Garden Villas, LLC
The Hearing was requested by Collier County Public Utilities Enforcement
Investigator Mike Andresky who was present.
The Respondent was not present.
Violation(s): Ord. 2005-44, Sec. 9.4
Third Violation: Putrescible waste not containerized in front of
Bldg. 116 - Santa Clara
Violation address: in front of Santa Clara Building 116
The Investigator stated the Property Manager had been contacted. The Notice was
sent via certified mail and proof of delivery (09/25) was confirmed by the U.S. Postal
Service.
13
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1 6 I 1 ""3,2008
Although violation was abated, the Investigator requested imposition of a fine of
$500.00 since the issue concerned public health, safety and welfare. The Special
Magistrate increased the amount of the fine to $750.00.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil penalty of$750.00,
together with an administrative fee of $5. 00 on or before November 3, 2008, unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or before
November 3, 2008.
Total amount owed: $805.00
20. Case # CEPM 20080000939 - BCC vs. FlozelI Jones
The Hearing was requested by Collier County Property Maintenance Specialist Joe
Mucha who was present.
The Respondent was not present.
Violation(s): Ord. 2004-58, Sec. 16, Sub(s). I (A) -I(C), I(E), I(G), I(H), 2(A)
& 2(B)
Vacant commercial building in deteriorated condition with multiple
property maintenance violations
Violation address: 3 I 7 2nd St., Immokalee 34142
The case was continued from a previous Hearing.
The Investigator stated the Respondent was deceased and her son, Danny Thomas, is
the sole heir.
The Notice of Hearing was sent via certified mail on September 22,2008. The
property and Courthouse were posted on September 23,2008.
The Investigator introduced the following items as County Exhibits:
· Composite "A" - 19 photographs of the property dated January 24, 2008;
· Composite "B" - 22 photographs dated March 13, 2008;
· Composite "C" - copy of the Notice of Violation and the Non-Residential
Inspection Report, and
· Composite "D" - 7 photographs dated October 2, 2008.
The Exhibits were admitted into evidence.
He noted the violations had not been abated, and the property was included on a list
of "top" nuisance properties compiled by the Sheriffs Office.
14
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October 3, 2008
The Special Magistrate stated her ruling would apply to any Heir or Successor in
Interest who may acquire title to the property.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to either hire afully licensed
General Contractor and obtain all required permits, related inspections and a final
Certificate of Completion of the repairs outlined in the Non-Residential Property
Maintenance Report on or before November 3, 2008, a fine of $250.00 per day will
be imposedfor each day the violation remains thereafter, OR hire afully licensed
General Contractor and obtain a Collier County Demolition Permit, all required
inspections and a Certificate of Completion to completely demolish the structure on
or before November 3, 2008, or afine of $250.00 per day will be imposedfor each
day the violation remains thereafter, unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $118.22 on or
before November 3, 2008.
If the Respondent has not complied by the deadline, the County is authorized to
abate the violation by contractor bid-out to demolish the structure, and assess the
costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Office.
The Respondent is to notify the Investigator within 24 hours of a workday to
concur the violation(s) had been abated.
C. Emergency Case - NONE
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # CEPM 20080003635 - BCC vs. Brian & Svlvia Christopher
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Ron Martindale.
The Respondents were not present.
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-23I, Sub(s).15
Private pool maintenance violation-water in algaed & stagnant
condition
Violation address: 431 Ibis Way, Naples 34110
The Supervisor stated the violations had not been abated and fines continue to accrue.
The County requested imposition of Operational Costs in the sum of $1 17.34,
15
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16 11Ib!3,2oo8
and fines in the amount of$17,250.00 for the period from July 26,2008 through
October 3, 2008 (69 days @ $250/day), for a total amount of $17,367.34.
The Investigator stated the property was posted on September 22, 2008.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $17,367.34, and noted fines are continuing to accrue.
2. Case # CEPM 20080004191 - BCC vs. Randv A. Shelton
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Renald Paul.
The Respondent was not present.
Violation(s): Collier Co. Code of Laws & Ord, Chap. 22, Article VI, Sec. 22-243
Vacant single family structure with multiple broken windows, doors
& locks allowing access to dwelling
Violation address: 4400 20th Ave. SW, Naples 34116
The Supervisor stated the violations had not been abated and fines continue to accrue
The County requested imposition of Operational Costs in the sum of$257.05 and
fines of$16,500.00 for the period from May 10,2008 through July 15,2008 (66 days
@ $250/day) for the violation concerning boarding the windows, and $ I 6,750.00
for the period from July 3, 2008 through September 8, 2008 (67 days @ $250/day) for
the violation concerning repairing the windows, for a total amount of $33,507.05.
The Investigator stated he attempted to contact the Registered Agent who was on
vacation and the owner did not complete the repairs by the deadline.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $33,507.05, and fines are continuing to accrue.
4. Case # CEPM 20080007987 - BCC vs. Jill Weaver & Henry Tesno
The County was represented by Investigative Supervisor Kitchell Snow and
Property Maintenance Specialist Joe Mucha.
The Respondents were not present.
Violation(s): Collier Co. Code of Laws & Ord., Chap. 22, Art. VI, Sec. 22-231,
Sub(s). 1,2,3,5,10,11 & 19B
Numerous housing violations
Violation address: 3132 Van Buren Ave., Naples 34112
The Supervisor stated the violations had been abated by the County.
16
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1 6 , lllber 3, 2008
The Notice of Hearing was sent via Certified mail on September 22,2008 and the
property and Courthouse were posted on September 23,2008.
The County requested imposition of Operational Costs in the sum of$258.59 and
fines of $20,500.00 for the period from June 12,2008 through July 23, 2008 (41 days
@ $250/day); a previously imposed civil penalty in the amount of $5,000.00, and
reimbursement to the County for abatement in the amount of $4,700.00, for a total
amount of$30,458.59.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $30,458.59.
5. Case # CEV 20080007718 - BCC vs. Jill J. Weaver-Tesno & Henry Tesno
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Thomas Keegan.
The Respondents were not present.
Violation(s): Collier Co. LDC 04-41, as amended, Sec. 2.01.00(A)
Repeat Violation - unlicensed/inoperable vehicle(s)
Violation address: 3 117 Areca Ave., Naples 34] 12
The Supervisor stated the violations had been abated by the Respondents and the
County only requested imposition of Operational Costs in the sum of $241.29.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $241.29.
6. Case # CEPM 20080007719 - BCC vs. Henry Tesno & Jill J. Weaver
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Thomas Keegan.
The Respondents were not present
Violation(s): Code of Laws & Ord., Chapter 22, Article VI, Sec.22-23 1, Subs. ] 5
Private pool maintenance violation-pool in green, algaed & stagnant
condition
Violation address: 3117 Areca Ave., Naples 34112
The Supervisor stated the violations had not been abated and fines continue to accrue.
The Notice of Hearing was sent via Certified mail on September 22,2008 and the
property and Courthouse were posted on September 23,2008.
The County requested imposition of Operational Costs in the sum of $] 17.87,
J 7
II . --.,-------
16' 1 'bI3,2008
and fines in the amount of$17,250.00 for the period from July 26, 2008 through
October 3, 2008 (69 days @ $250/day), for a total amount of$17,367.87.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $17,367.87, and notedfines are continuing to accrue.
The Special Magistrate stated there was no provision in the previous Order for the
County to abate the violations.
The County moved for authority to abate the violations by contractor bid-out due to
the issue of public health, safety and welfare, and requested the Special Magistrate
amend the previous Order. All costs for abatement would be assessed to the
Respondents.
The Special Magistrate GRANTED the County's Motion and stated the previous
Order will be amended to allow for the abatement provision and assessment of
costs.
8. Case # 2007080696 - BCC vs. Richard Cruce
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Jonathan Musse.
The Respondent was not present.
Violation(s): Collier Co. Ord. 2004-41, as amended, Sec(s) 1 0.02.06(B)(1 )(A),
1O.02.06(B)(1)(E) & 1O.02.06(B)(1)(E)(I)
Shed built on property without proper Collier Co. permits
Violation address: 6101 Taylor Rd. S., Immokalee 34142
The Supervisor stated the violations had not been abated and fines continue to accrue.
The property and the Courthouse were posted on September 23, 2008.
The County requested imposition of Operational Costs in the sum of $117.43,
and fines in the amount of$I,700.00 for the period from September 16,2008 through
October 3, 2008 (17 days@$100/day),foratotalamountof$I,817.43.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of$1,817.43, and notedfines are continuing to accrue.
9. Case # CESD 20080003660 - BCC vs. Jose Luis Rosillo
The County was represented by Investigative Supervisor Kitchell Snow and
Investigator Jonathan Musse.
The Respondent was not present.
18
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16 , I Iclr3,2oo8
Violation(s): Florida Building Code, 2004 Edition, as adopted by Collier Co.,
Sec. 105.1
Fence erected without first obtaining Collier Co. permits
Violation address: 108 2nd St., Immokalee 34142
The Supervisor stated the violations had not been abated and fines continue to accrue.
The Notice of Hearing had been sent via Certified Mail and confirmation of delivery
was confirmed by the U.S. Postal Service on September 29, 2008.
The County requested imposition of Operational Costs in the sum of $117.52, and
fines in the amount of$3,100.00 for the period from September 2,2008 through
October 3,2008 (31 days @ $1 OO/day), for a total amount of $3,217.52.
The Special Magistrate GRANTED the County's Request for an Imposition of
Fines in the total amount of $3,217.52, and noted fines are continuing to accrue.
13. Case # CEPM 20080003791 - BCC vs. Flozell Sled!!e
The County was represented by Investigative Supervisor Kitchell Snow and
Property Maintenance Specialist Joe Mucha.
The Respondent was not present.
Violation(s): Code of Laws & Ord., Chap. 22, Article VI, Sec.22-231,
Subs. 1-4,7-11, 12B, 12I-12M, 120, 12P, 19A-19D, 20
Rental property with multiple minimum housing violations
Violation address: 4]3 Gaunt St., Immokalee, 34]42
The Supervisor stated the violations had not been abated and fines continue to accrue.
The property and the Courthouse were posted on September 23,2008.
The Investigator stated the Respondent, Flozell Sledge [Jones], was deceased and her
sonlheir, Danny Thomas, had been advised of the violations concerning the property.
The County requested imposition of Operational Costs in the sum of$312.75,
and fines of $21 ,500 for the period from July 9, 2008 through October 3, 2008 (86
days @ $250/day) for the violation concerning boarding the windows, and $7,750.00
for the period from September 2,2008 through October 3,2008 (31 days @
$250/day) for the violation regarding repairs/demolition, for a total amount of
$29,562.75.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $29, 562. 75, and notedfines are continuing to accrue.
19
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16 116.1,2008
The Investigator stated the County requested authorization from the County Manager
to abate the violations as provided in the previous Order.
14. Case # CEPM 20080002951 - BCC vs. Charles Brown
The County was represented by Investigative Supervisor Kitchell Snow and
Property Maintenance Specialist Joe Mucha.
Violation(s): Ord. 2004-58, Sec. 12
Allowing a dangerous & hazardous building to
exist on residential property
Violation address: 306 Colorado Ave., Immokalee 34142
The Supervisor stated the violations had not been abated and fines continue to accrue.
The County requested imposition of Operational Costs in the sum of$320.68, and
fines in the amount of$73,000.00 for period from May 10,2008 through October 3,
2008 (146 days @ $500/day), for a total amount of$73,320.68.
The Special Magistrate noted the daily penalty of $500.00 was because the building
had been declared as dangerous by the Collier County Building Department.
The Investigator stated the building was demolished on June 10, 2008, but the
demolition debris had not been completely removed. The owner was advised of the
problem on October I, 2008.
The Special Magistrate GRANTED the County's Requestfor Imposition of Fines
in the total amount of $73,320.68, and notedfines are continuing to accrue.
The Investigator stated if, upon a site inspection, the debris had not been removed, he
will advise the County to request authorization from the County Manager to abate the
violations as provided in the previous Order.
VII. OLD BUSINESS
A. Request to fonvard cases for Foreclosure / Collections: None
VIII. CONSENT AGENDA - None
IX. REPORTS - None
X. NEXT HEARING DATE - October 17, 2008 at 9:00 AM
The Hearing will be located at 2800 N. Horseshoe Drive in the Community
Development and Environmental Services Building in Conference Room 609-610.
20
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16 11 ~olr3'2oo8
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 1:15 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
~.0c~
cial Magistrate, Brenda Garretson
These Minutes were approved by t~peciaI Magistrate on ()~k-r 11( Jol!;)l(
as presented _' or as amended_.
21
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16J 1
MEMORANDUM
Date:
November 19,2008
To:
Joyce Houran, Grants Coordinator
Collier County Sheriffs Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
United States Department of Justice and United States
Department of the Treasury Combined Equitable Sharing
Agreement and Certification through September 2009
Attached, please find an original agreement (Agenda Item #16Jl) approved
by the Board of County Commissioners on Tuesday, November 18, 2008.
The Minutes & Records Department has retained a copy as part of the Board's
perrnanentrecord.
If you have any questions you can contact me at 252-8406.
Thank you.
Attachments (1)
~__"'--._M ....~.__..
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlft 6 J 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L
THE BOARD OF COUNTY COMMISSIONERS OI<'FICE FOR SIGNATURE
Print on p ink: paper. Altadt to original document. Original documents, should he hand delivered to the Amnd Office. The cOlnple!~d routing sltp llnd original
documentS an: to be forwarded to the Board Office oob lifter the Board has taken adlOn on In< item)
ROUTING SLIP
Complete routina Jines # 1 thtoush #4 as appropriate for additional signatures. dates, and/or intbnnation needed, If the: document j! ahead)' complete wil:b the
ioa ofdtc Chairman's s' dra9l1l1ine throu routin lines #1 throu #4 com lete the checklhrt.. and forward to Sue Filson line #S .
Route to Addtessee(s) Office Initials Date
List in ro
PRIMARY CONTACT INFORMATION
('1'b.:,priiDalY.....,.1I tWIIohIIItoflllll Or~ dccum<nt pcndi"8 ace approvol. Normally the pritr\lll1l contact is the person who created/prepared the executlVC
....1II8tY. P!J1IIr]I ~ 1dl........1s.- ill the mnt_ of tile addressees ablwe. includ... Sue filson. need 10 conllc:t ,WI' for additklnll or mi.....
~ AII......da<'-lIOOIIInsthe ace e_. silJll_1IR lObe tleIiv....d 10 the ace olli"" only after lhe !lee h.. acted 10 approvo tile
ilenI.
mtof'PrimllrY staff' ,
Conw;t ,
" A.....IWlJltlla we, '
, ,', ' 'dlIiBce':
........ J n....."",",-
"A~0"":"
, 3.
4~
s; ~IK FilSpn, Executive Manager
Boar4 of County Commissioners
6. MinuteS and Records
Clerk ofCoUft's Office
Phone NumbeT
Agenda Item NumbeT
NumbeT of OrIgilllll
Documents Altaehed
INSTRUCTIONS 81 CHECKUST
IpitWltIle; y. ,co/ulDD or malt "N! A" in the Not App\fcabIe column, whichever is
/'. ~,dQcUlllllllt bas been s~tia1ed 1br legat9llfflclency. (All documents to be
signed by tile cIJairman, with the exception of mod Iettert, must be reviewed and signed
by the,Offfce of tile County Attotney. TItl9 includes signatUre pages from ordinances,
RSOlutlons. elIl.; signed by the County Attorney's Office and signature pages from
contractso 8IIftD1ll11tso ele., that have been fUlly executed by all parties except the acc
Chairnuul and Clerk .. the aoaro and nib Slate Officials.
2'., 'All Sltike-tbrougb and revisions have been initialed by the County Attorney's
, Office and'aU other ex t the Bce Chairman and the Clerk to the Board
3. The Chairman" signature line date has been entered as the date ofBCC approval of the
document or the final ne liated contract date whichever is a licable.
4. .Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
5i nature and initials are uired.
S. 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!
6. Tbe document was approved by the Bee on \ ,; i' (enter date) and all cbanges
made during tbe meeting bave been incorporated i tbe attacbed document. Tbe
Coun Allor's Offlee ba. reviewed tbe chan if a Iicable.
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f: Forms! County Forms! ace Forms/Original Documents Rouring Slip WWS Original 91H 04, Rl;':vi~ed L.?6.05. at:\iscd 2.24n~
..------.-----...........-.-----,r...............-....
16J1
'A~
.~
Equitable Sharing
Agreement and
Certification
OMS Number 1 123-0011
Expires 7-31-2011
OPollce Department @Sheriff'sOfflce OTask Force (Complete Table A, page 2)
o District Attorney 0 Other (specify)
Agency Name: Collier County Sheriffs Office
NCIC/ORIITracking Number: FLOllOO
Street Address: 3301 Tamiami Trail East, Building J, Finance Division
City: Naples State: FL _ Zip: 34112
Contact Name: Joyce Houran
Contact Phone: 239-793-9346 Contact Fax: 239-793-9405
Contact e-mail: grants@colliersheriff.net
o New Participant:
@
Read the Equitable Sharing Agreement (page -1) and sign the Affidavit (page-1)
Complete the Annual Certification Report, read the Equitable Sharing Agreement
(page -, l. and sign the Affidavit (page ., l
o Change In Admlnlatratlon: Changes to the Agency head and/or Governing Body head. Read the Equitable
Sharing Agreement (page -, l and sign the Affidavit (page -').
o Revise the Annual Certification Report, read the Equitable Sharing Agreement (page
-1 " and sign the Affidavit (page -1).
Existing Participant:
Amended Form:
Annual Certification Report
Summary of Equitable Sharing Activity
Flscel Year End (mm/ddlyyyy) 09130/2008
Justice
Funds
Treasury
Funds
1 Beginning Equitable Sharing Fund Balance (must match $428,423.64 I $618,967.621
Ending Equitable Shering Fund Balance from prior FY)
2 Fadaral Shering Funds Received I $25,194.191 I $0.001
3 Federal Sharing Funds Received from Other Law Enforcement 1 1 I $0.001
Agencies and Task Forces (complete Table B. page -I)
4 Other Income 1 $0.001 I $0.001
5 Interest Income Accrued I $12,887.711 I $18,542.701
(0 check if non-1nterest-bearing account)
6 Total Equitable Sharing Funds (total of lines 1 . 5) 1 $466,505.541 I $637,510.321
7 Federal Sharing Funds Spent (total of tines a - n below) 1 $36,227.461 I $102,804.301
8 Ending Balance (subtract line 7 from line 6) 1 $430,278.081 I $534,706.021
Page of
August 2008
Vl'!rsionll
T-----.------
Summary of Shared Monies Spent
a
Total spent on salaries for new, temporary, not.to.exceed
one year, employees
Total spent on overtime
Total spent on informant and -buy money"
b
c
d
Total spent on travel and training
e
Total spent on communications and computers
Total spent on firearms and weapons
g
h
Total spent on body armor and protective gear
Total spent on electronic surveillance equipment
Total spent on building and improvements
Total spent on other law enforcement expenses (complete
Table C. page -1)
Total transfers to other state and local law enforcement
agencies (complete Table D. page -1)
Total 15% Expenditures in Support of Community-based
progrems (complete Table E. page -1)
Total 25% Windfall Transfers to Other Govemment Agencies
m (complete Table F. page-1)
k
n Total spent on matching grents (complete Table G. page -1)
Miscellaneous Data
o Agency's budget for current fiscal year
p Jurisdiction's budget for current fiscal year
q Appraised Value of Other Assets Received
Table A: Members of Task Force
Agency Name
Addre..
12730 New Brittany Boulevard, Suite 501, Ft. Myers, FI. 33907
DEA Task Force
Table B: Equitable Sharing Funds Received from other Ageneles
Transferrtng Agency Nam., City, and State
I Agency Name
Agency Address
Page of
Total
16JI
Justice Funds
Treasury Funds
$0.001
$0.00
$0.00
$3,504.30
$99,300.00
$0.00
$0.001
$0.00
$0.00
$0.00
$0.00
$0.001
$0.00
$0.00
$0.00
$0.001
$36,227.46
$0.00
$0.00
$36,227.461
$152,672,000.00
$1,307,657,700.00
$0.00 $0.00
Justice Funds Treasury Fund.
I ~oo
August 2008
Version 1.1
,--.----.....--
16Jl
Table C: Other Law Enforcement Expenses
Description of Expense
Justice Funds
Treasury Funds
$0.00
$0.00
Table D: Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State
Justice Funds
Treasury Funds
Agency Name
$0.00 $0.00
Agency Address
Table E: 15% Expenditures In Support of Community-based Programs
Recipient
Justice Funds
Treasury Funds
$0.00
Table F: 25% Windfall Transfers to Other Government Agencies
Recipient
Justice Funds
Treasury Funds
II
$0.00
$0.00
Table G: Matching Grants
Matching Grant Name
Justice Funds
Treasury Funds
II
$0.00
$0.00
Table H: Civil Rights Cases
Name of Case
Type of Discrimination Alleged
Status
D Race D Color D National D Gender
Origin o Settied
None
D Disability D Age D Other o Pending
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it
displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least
possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have
comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the
Asset Forfeiture and Money Laundering Section, Program Unit, 1400 New York Avenue, N.W., Second Floor,
Washington, DC 20005.
Page of
August 2008
Version 1.2
II
16J 1
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law
enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the
federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds,
and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its
signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the
following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable
Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash,
property, or proceeds.
1. Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page -1)
submitted by fax. This will constitute submission to the Department of Justice and the Department of Treasury.
2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body.
Examples of Agency heads include police chief, sheriff, director, commissioner. superintendent, administrator,
chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney,
commonwealth attorney, and attorney general. Examples of governing body heads include city manager, mayor, city
council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner,
and governor.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and
gUidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of
Justice's Guide to Equitable Sharing (Jusfice Guide), and the Department of the Treasury's Guide to Equitable
Sharing for Foreign Countrias and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).
4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement
agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source
of the funds. that the receiving agency is a federal equitable sharing program participant and has a current Equitable
Sharing Agreement and Certification on file.
5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from
the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other
sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate
revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture
funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account.
The Agency agrees that such accounting will be subject to the standard accounting requirements and practices
employed for other publiC monies as supplemented by requirements set forth in the current edition of the Justice
Guide and the Treasury Guide.
The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is
prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions
stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.
6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMS
Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic
random audits.
Page of
August 2008
Version 1.2
n
16Jl
Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under the Justice andlor Treasury Guides during the reporting period
and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.
The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following
laws and their Department of Justice implementing reguiations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. !i 2000d et
seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. !i 1681 et seq.), Section 504 of the Rehabilitation Act of 1973
(29 U.S.C.!i 794), and the Age Discrimination Act of 1975 (42 U.S.C. !i 6101 et seq.), which prohibit discrimination on the
basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any
federally assisted education program or activity.
During the past fiscal year, has the Agency been part of any proceedings
alleging discrimination by the Agency? 0 Yes @ No
If you answered yes, complete Table H. Please disclose (1) all proceedings
pending before any court or administrative agency, (2) any nondiscrimination
laws the Agency has been found In violation of, and (3) any settlement
agreements the Agency has entered into during the last fiscal year.
Agency Head
S~~\u--
Name: Don Hunter
Governing 80
Item# J lQj'1-
Agenda I H &-08
Rec'd .ll:1ifig
Name:
Title: Sheriff
Title: Chairman, Collier C!y. Comm.
Date:
October 13, 2008
Date:
November 11, 2008
Final Instructions:
Step 1: Save this file using the two buttons below and e-mail the saved XML file as an attachment
to aca.submit@usdoj.gov.
Step 2: Fax a signed copy of THIS PAGE ONLY to (202) 616-1344.
Note: The Agency will not be in compliance until the e-mail and the fax of this page are received.
FOR AGENCY USE ONLY
111111111111111 11I111I11111 111I11
Entered by
Entered on
FY 09/30/2008 NClC FLO 1100
STATE FL
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,
.a -J
AGENCY NAME Collier County Sheriffs Office
c~
Colleen Greene,
Assistant County Attorney
Page of
August 2008
Version 1.2
DWIGIf.T EBROCK. Clerk
~
B '. . '. L.
~~fiS .... ....... ....~
II
16K 1
MEMORANDUM
Date:
November 24, 2008
To:
William E. Mountford
Assistant County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Settlement: Case No. 07-2988-CA
Susan Phillips vs. Collier County
Attached, please find two (2) original settlement agreements, as referenced
above (Agenda Item #16K1), approved by the Board of County
Commissioners on Tuesday, November 18, 2008.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Atlach to original document. Original documents should be hand delivered to the Board onlet'. The completed routing slip and original
documents are to he forwarded to the Board Office only aftt'r the Buard has tat.:t:11 action all the item.)
16K 1
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exception ofthe Chairman's signature, draw a line through routing lines # 1 through #4, cOffinlete the checklist. and forward to Sue Pilson (line #5).
Route to Addressee(s) Office Initials Date
(List in routiol2: order)
1. William E. Mountford, ACA County Attorney's Office WEM 11/20/08
2. Sue Filson, Executive Manager Board of County Commissioners
3. Minutes and Records Clerk of Court's Office
4. William E. Mountford, ACA County Attorney's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to he delivered to the BeC office only after the Bee has acted to approve the
item.)
Name of Primary Staff William E. Mountt()rd Phone Number 252.8400
Contact Assistant County Attorney
Agenda Date Item was !l1l8/08 Agenda Item Number 16Kl
Approved by the BCC
Type of Document Settlement Agreement and Mutual Release Number of Original 3
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 sutTiciency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BeC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date 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 otfice within 24 hours of BCe approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Please return two executed ori inal documents to William Mountford, ACA
Yes
(Initial)
WEM
N/A(Not
A licable)
2.
3.
4.
5.
6.
7.
N/A
WEM
WEM
N/A
WEM
1: FormsJ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16Kl
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this l(.-n. day of ~~ ,2008 by and between Susan Phillips,
(hereinafter referred to as "Plaintiff") and Board of County Commissioners For Collier
County (hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Susan Phillips v.
Collier County Florida, a Subdivision of the State of Florida, Case No. 07-2988-CA
(hereinafter referred to as the "Lawsuit"); and,
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
--~lr
16Kl
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiffs and the County agree as follows:
1. Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Five Thousand Dollars ($5,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff,
Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of herself, as well as on behalf of her attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that he has
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any
way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation
referred to or made in the Complaint in the Lawsuit.
2
16Kl
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
3
16K 1
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed
this Agreement and Release as set forth below.
Date: -1\" 1'4 -- ~
Date:
l\ \l% lo~
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
t u to
S lQnature 0" I , "
man
Date: II 'I J cf
PLAINTIFF, SUSAN PHilLIPS
V~~0--Z1~ /X~~~
Signature of Susan Phillfps
llem# Mll
Agenda l \---\ ~.-[i
Date
g:~d \tmg
~
4
,
STATE OF (~ j.-itYLL-eL"J
COUNTY OF ~t~f2;)
16K 1
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTFF
AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by
Susan Phillips, before me on this.LffJ2 day
of '-(Lll{}_J,
,2008,
(Yclbu~~~ huAiL
Signature of Notary Public
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
Approved as to form and
legal sufficiency:
William . Mount or
Assistant County Attorney
07.0037/2682
Personally Known
or
Produced Identification
1./,/
D L (-1. ll,ft d 71,; -. 'j;;/ 7~'j.) t
Type of Identification Produced
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5
17A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location. etc.)
.....................,*...............................*........................*........-_.........,.
Originating Dept/ Div: CDES.fZonin2 Person: Kay Desclem, Alep ~ Date: lolJ~ /oe
Petition No. (If none, give brief description): PE~2008.AR-13117, LCEC Service Center in lmmokalee
Petitioner: (Name & Address): Mr. Jim Krall, P.E.. Davidson Engineering, 3530 Kraft Road, Suite # 301, Naples, FL 34105
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Lee Co. Elec.
Coop, Inc., P.O.Box 3455, N. Ft. Myers, FL 33918
Hearing before
Bec
BZA
Other
Requested Hearing date:
November 18.2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only it important):
xxx: Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PE~2008-AR-13117, Lee County Electric
Cooperative, Inc. (LCEC), represented by Tim Hancock, Ale?, at Davidson Engineering, Inc. is requesting a Parking
Exemption for the LCEC Immoka1ee Area Service Center pursuant the CoHier County Land Development Section 4.05.02.K.3.
The parking exemption seeks approval of a 20-parking space employee parking area on a residential zoned lot (Residential
Multi-family 6 [RMF~6] Zoning District), The subject property, consisting of 2.46::!: acres, is located in Immokalee on 15th
Street North, approximately 400 feet south of Immokalee Drive, in Section 5, Township 47 South, Range 29 East,
lmmokalee, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
Account NUmber: 068779 & PO Number: 4500096189
(O-U.-ott
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager, Note: [f 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
8. Other hearings: In.itiating Division hcad to approve and submit original to Clerk's Office, retaining a copy for file.
..................................-**.**...........*...*....................*.......................*
FOR CLERK'S OFFICE USE ONLY:
Date Receive<\otol.o.L Date of Public heacing,~ Date Advertised: 11W~
-----...-..---------.........,--.... -.......-.
17A
RESOLUTION 2008-
A RESOLUTION BY THE BOARD OF ZONING
APPEALS GRANTING A PARKING
EXEMPTION RELATING TO PETITION
NUMBER PE-2008-AR-13117 FOR PROPERTY
LOCATED ON 15th STREET NORTH, IN
SECTION 5, TOWNSHIP 47 SOUTH, RANGE 29
EAST IN IMMOKLEE, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all eounties in Florida the power to establish, coordinate and enforee zoning and
sueh business regulations as are neeessary for the protection ofthe pub lie, and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41, as amended) which cstablishes regulations for the zoning of partieular
geographic divisions of the County, among which is the allowanee of a parking exemption; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for
Collier County which includes the area hereby affected, has held a public hearing after notice
and has considered the advisability of a parking exemption for the LCEC Immokalee Area
Service Center in a Residential Multi-family 6 (RMF-6) Zoning District as shown on the
attachcd Site Plan, Exhibit "A," 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 4.05.02.K.3 of the Collier
County 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 a pub lie meeting and the Board having eonsidered all matters presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
PE-2008-AR-13117
Revised 8/21/08
Page I of2
...-----.----
17A
r - ~"~ ,'0'';'1
The petition filed by Tim Hancock, AICP of Davidson Engineering representing Lee County
Electric Cooperative, Inc., with respect to the propcrty hereinafter described in Exhibit "B"
attached hereto and incorporated by reference herein be and the same hereby is approved for a
parking exemption for the LCEC lmmokalee Area Service Center in a Residential Multi-family 6
(RMF-6) Zoning District as shown on the attached plot plan, Exhibit "A," wherein said property
is located, subject to the conditions shown in Exhibit "C."
BE IT RESOLVED that this Resolution relating to Petition Number PE-2008-AR-13ll7
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to Form
and Legal Sufficicncy:
Steven T. Williams $1'.)
Assistant County Attorney
Attachments: Exhibit A
Exhibit B
Exhibit C
PE-2008-AR-13 1 17
Revised 8/21/08
Page 2 of2
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PE-2008-AR-13117
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17 A
LEGAL DESCRIPTION:
OR 923 P:G. 1558
The South 175 feet of the north 571 feet of the
East 661 feet of the NE 1/4 of the NE 1/4,
except the East 50 feet, in Section 5,
Township 47 South, Range 29 East.
Exhibit B
PE-2008-AR-13117
-,---'_._~.~--_._-'
17A
CONDITIONS OF APPROVAL
Lee County Electric Cooperative Parking Exemption
PE-2008-AJt-13117
1. The Parking Exemption is limited to what is shown on the preliminary site plan,
identified as "LCEC Immokalee Service Center," prepared by Davidson Engineering
and dated August 21, 2008. The site plan is conceptual in nature for parking
exemption application approval only. The final site design and site development
plans shall be in compliance with all applicable federal, state, and county laws and
regulations; and
2. The Parking Exemption is limited to a maximum of 20 parking spaces that shall be
restricted to the LCEC Immokalee Service Center employees only; and
3. The approval of this parking exemption is applicable only to that portion of this
project described in the narrative as being zoned RMF-6. This approval does not
apply to the portion of this project east of the noted zoning boundary.
Revised 8/21/08
Exhibit C
~"'-'--'~--~'-~----"""-""'~",...-'-----_.'~"-"'-'-
NDN ACCOUNT #068779
October 20, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
RE: PE-2008-AR-13117: LCEC Service Center in Immokalee
Dear Legals:
Please advertise the above referenced notice on Sunday, November 2, 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. #4500096189
17 A
."._".~--.._-_._--"--*-
NOTICE OF PUBLIC HEARING
17A
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, November 18, 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 BY THE BOARD OF ZONING APPEALS GRANTING A PARKING
EXEMPTION RELATING TO PETITION NUMBER PE-2008-AR-13117 FOR PROPERTY
LOCATED ON 15TH STREET NORTH, IN SECTION 5, TOWNSHIP 47 SOUTH, RANGE
29 EAST IN IMMOKALEE, COLLIER COUNTY, FLORIDA.
Petition: PE-2008-AR-13117, Lee County Electric Cooperative, Inc. (LCEC),
represented by Tim Hancock, AICP, of Davidson Engineering, Inc. is
requesting a Parking Exemption for the LCEC Immokalee Area Service Center
pursuant the Collier County Land Development Code Section 4.05.02.K.3. The
parking exemption seeks approval of a 20-parking space employee parking
area on a residential zoned lot (Residential Multi-family 6 [RMF-6] Zoning
District). The subject property, consisting of 2.46 +/- acres, is located
in Immokalee on 15th Street North, approximately 400 feet south of
Immokalee Drive, in Section 5, Township 47 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 person with a disability who needs any accommodation in order
to participate in the 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
'---r-~~--_._--'_.'-
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
17 A
----,---.
Dwight E. Brock
Clerk of Courts
'.--'--' '-\. ^
'eO\lpJy.,preollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY k:ouRl1HOUSE
3301 TAMIAMI 1>H-AIL EAST
PO, BOX 41,3044
NAPLES, FLORIDA'341 0 1-3044
;0 .
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17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 20, 2008
Jim Krall, P.E.
Davidson Engineering, Inc.
3530 Kraft Road, Suite #301
Naples, FL 34105
RE: Notice of Public Hearing to Consider Petition
PE-2008-AR-13117: LCEC Service Center in Immokalee
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, November 18, 2008, as indicated
on the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.colIiercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colliercIerk.com
--,------
Dwight E. Brock
Clerk of Courts
jeO\l,Il!y~611ier
CLERK OF THE t:~RCtJIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 20, 2008
Lee County Electric Cooperative, Inc.
P.O. Box 3455
North Ft. Myers, FL 33918
RE: Notice of Public Hearing to Consider Petition
PE-2008-AR-13117: LCEC Service Center in Immokalee
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, November 18, 2008, as indicated
on the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colliercIerk.com
-----;--.- ----
Ann P. Jennejohn
17 A
To:
Subject:
legals@naplesnews.com
PE-2008-AR-13117 LCEC Service Center in Immokalee
Attachments:
PE-2008-AR-13117.doc; PE-2008-AR-13117 .doc
Hi again,
Please advertise the attached on Sunday, November 2, 2008.
Thank again,
Ann
~
iWl,:;>'
E
252-8406
PE- 2008-AR-13117. PE- 2008-AR-13117.
doc (28 K8) doc (29 K8)
1
"1
Ann P. Jennejohn
17A
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, October 20,20083:47 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT93691.txt; PE-2008-AR-13117 LCEC Service Center in Immokalee
17"1
U
F~-l
L:...J
ATT93691.txt (231 PE-2008-AR-13117
B) LCEC Service ...
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_.___"~.___"~
PE-2008-AR-13117 LCEC Service Center in lmmokalee
Page lOr A
Ann P. Jennejohn
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, October 20,20084:16 PM
To: Ann P. Jennejohn
Subject: RE: PE-2008-AR-13117 LCEC Service Center in Immokalee
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Monday, October 20, 200B 3:47 PM
Posted To: Legals - NDN
Conversation: PE-2008-AR-13117 LCEC Service Center in lmmokalee
Subject: PE-200B-AR-13117 LCEC Service Center in lmmokalee
Hi again,
Please advertise the attached on Sunday, November 2, 200B.
Thank again,
Ann
252-B406 <<PE-2008-AR-13117.doc>> <<PE-2008-AR-13117.doc>>
10/20/2008
-~--_.._- .__. ...-.-..--..-.-..-..... ..-.,.
Ann P. Jennejohn
17A
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, October 20, 2008 4:37 PM
Ann P. Jennejohn
Ad Confirmation
Attachments:
UAS294B.jpg
.!iI
UAS294B.jpg (88
KB)
PE-2008-AR-13117
Ad Number
Total Ad Cast
1748017
$36670
Thank you for placing yaur ad.
Emely
1
------.....---..--- '--"'T"
Naples Daily News
Naples, FL 34102
171{
i
Affidavit of Publication
Naples Daily News
-----------~--------------------------------------+------------------------
REFERENCE: 068779
59536824
4500096189
NOTICE OF PUBLIC HEA
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/02 11/02
AD SPACE:
FILED ON:
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I\lft~..,. . ".. .... Nn17M1Al1
--------------------------------------------------+---------------~-~~----~
) -----f
158.000 INCH
11/03/08
Signature of Affiant
Sworn to and Subscribed before me this \~~ day of-f\O\ '"'-''I b, , 20 02
Personally known by me
C' >< ,OJ'" \;
( L~ '( '\'-(:).0,,, .0 (~
, . ' t:HANE
ii."l'",;,' L A. MCDONALD
"i' "" '-, Commission DO 650475
';';~1"5?{,iJ/ Expires June 29 2011
",f,,9r:,~~~'" BQndijg Thl'lJ Troy F~in 'n;~l'llno~ aDO.3El$-701~
17A
MEMORANDUM
Date
November 21, 2008
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-333
PE-2008-AR-13117 LCEC, Inc.
Enclosed please find one (1) copy of the document, as referenced above,
Agenda Item #17 A. This resolution was adopted by the Board of
County Commissioners on Tuesday, November 18, 2008.
The Minutes and Records Department has retained the original for the
public record.
[fyou should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
17A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has takt:n action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/Of infomtation needed. If the document is already complete with the
exception of the Chainnan's signature, draw a line through routing lines #] through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
1. ~~ ~u;5 CDES Administration ~ " \I&\or
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder 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 ofth\: addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCe Chairman's signature arc to be delivered to thc BeC oBic\: only after the Bee has acted to approve the
item,)
Name of Primary Staff Kay Deselem
Contact
Agenda Date Item was November 18,2008
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
QlaiHllH",,,,/PUD document
Number of Original
Documents Attached
252-2931
17A
Yes
(Initial)
9<JJ
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullitied. Be aware of our deadlines!
The document was approved by the BeC on November 18, 2008 aod all cbanges made
during the meeting have heen incorporated in the attached documeot, The County
Attorne 's Office has reviewed the chao es, if a Iicable.
9<JJ
9<JJ
9<JJ
9<JJ
9<JJ
2.
3.
4.
5.
6.
1: Forms/ County Forms/ Bee Forms! Originalllocumcnts Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17A
RESOLUTION 2008- -3..l..l
A RESOLUTION BY THE BOARD OF ZONING
APPEALS GRANTING A PARKING
EXEMPTION RELATING TO PETITION
NUMBER PE-2008-AR-13117 FOR PROPERTY
LOCATED ON 15th STREET NORTH, IN
SECTION 5, TOWNSHIP 47 SOUTH, RANGE 29
EAST IN IMMOKLEE, COLLffiR COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the allowance of a parking exemption; and
WHEREAS, the Board of Zoning Appeals, being the duly elect~d constituted board for
Collier County which includes the area hereby affected, has held a public hearing after notice
and has considered the advisability of a parking exemption for the LCEC ImmokaJee Area
Service Center in a Residential Multi-family 6 (RMF-6) Zoning District as shown on the
attached Site Plan, Exhibit "A," 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 4.05.02.K.3 of the Collier
County 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 a public meeting and the Board having considered all matters presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLffiR COUNTY, FLORIDA, that:
PE-2008-AR-13 1 17
Revised 8/21/08
Page 1 of2
17A
The petition filed by Tim Hancock, AICP of Davidson Engineering representing Lee County
Electric Cooperative, Inc., with respect to the property hereinafter described in Exhibit "B"
attached hereto and incorporated by reference herein be and the same hereby is approved for a
parking exemption for the LCEC Irnrnokalee Area Service Center in a Residential Multi-family 6
(RMF-6) Zoning District as shown on the attached plot plan, Exhibit "A," wherein said property
is located, subject to the conditions shown in Exhibit "C."
BE IT RESOLVED that this Resolution relating to Petition Number PE-2008-AR-13ll7
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this J <g#V day of i)btHJmW ,2008.
ATIEST:,.. . ", <-
DWIGHT KBROClG;.CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, LORIDA
B'
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Approved as to Form
and Legal Sufficiency:
L7l~~1
Steven T. Williams S".)
Assistant County Attorney
Attachments: Exhibit A
Exhibit B
Exhibit C
PE-2008-AR-13117
Revised 8121/08
Page 2 of2
Item# rJA
Agenda l \ -'\ i ()~
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LEGAL DESCRIPTION:
O.R. 923 P.G. 1558
The South 775 feet of the north 577 feet of the
East 667 feet of the NE 1/4 of the N[ 1/4,
except the East 50 feet, in Section 5,
Township 47 South, Range 29 East.
Exhibit B
PE-2008-AR-13117
17A
- 1 - --------
17A
II<i
CONDITIONS OF APPROVAL
Lee County Electric Cooperative Parking Exemption
PE-2008-AR-13117
1. The Parking Exemption is limited to what is shown on the preliminary site plan,
identified as "LCEC Immokalee Service Center," prepared by Davidson Engineering
and dated August 21, 2008. The site plan is conceptual in nature for parking
exemption application approval only. The final site design and site development
plans shall be in compliance with all applicable federal, state, and county laws and
regulations; and
2. The Parking Exemption is limited to a maximum of 20 parking spaces that shall be
restricted to the LCEC lmmokalee Service Center employees only; and
3. The approval of this parking exemption is applicable only to that portion of this
project described in the narrative as being zoned RMF-6. This approval does not
apply to the portion of this project east of the noted zoning boundary.
Revised 8/21108
Exhibit C
.--,--------------
178
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.) 1& 1("\. \:.> \}J
*******....***.****..*..........***.....********....*** .:.\~***....*...*...*...*.....***.***.*
Originating Deptl Div: CDES.!Zonine: Person: Nancy Gundl AI P Date:
Petition No. (If none, give brief description): NUA-2007~AR~12575, Hitching Post Co-Op
Petitioner: (Name & Address): Mr. Tim Hancock, AICP, Davidson Engineering, 3530 Kraft Road Suite 301
Naples, FL 34] 05
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hitching Post
Co-Op, Inc., 32 Cheyenne Trail, Naples, FL 34113
Hearing before @ BZA Other
Requested Hearing date:
November 18. 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: NUA-2007.AR-12575. Hitching Post Co-op.
Inc., represented by Tim Haocock, AICP, of Davidson Engineering, is requesting a non-conforming use alteration approval, to
enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the
existing non-conformities. The subject 44.46.:l:: acre property is located in the Hitching Post Co-op subdivision. along the west
side of Barefoot Williams Road. approximately 200 feet south of the intersection of Barefoot Williams Road and
Tamiami Trail East, in Section 33, Township 50 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
AccOllnt Number: 068779 & PO Number: 4500096189
10. '(.08
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.~...*.*****..*************.*********..*.**.********.****.*.*....********************.*************~.
FOR CLERK'S OFFICE USE ONLY:
Date Received' D\ ll\~ Date of Public hearing: l\ \\~\nt
Date Advertised: ~~
^-'~^-,-----"--'^---
17B
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION NUMBER NUA-2007-
AR-12575, FOR A NON-cONFORMING USE
ALTERATION APPROVAL TO ENABLE UNIT
OWNERS TO REPLACE EXISTING NON-
CONFORMING STRUCTURES, IN CONFORM-
ANCE WITH NFPA 50lA 2000 EDITION AND SO
AS NOT TO INCREASE THE EXISTING NON-
CONFORMITIES. THE SUBJECT 44.46 I ACRE
PROPERTY IS LOCATED IN THE HITCHING
POST CO-OP SUBDIVISION ALONG THE WEST
SIDE OF BAREFOOT WILLIAMS ROAD,
APPROXIMATELY 200 FEET SOUTH OF THE
INTERSECTION OF BAREFOOT WILLIAMS
ROAD AND TAMIAMI TRAIL EAST, IN SECTION
33, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
I
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
(Ordinance No. 91-102), as amended, which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of requests for
non~onforming use alteration; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board
of the area hereby affected, has held a public hearing after notice as in said regulations made
and provided, and has considered the advisability of non-conforming use alteration, to
.
enable unit owners to replace existing non~onforming structures, in conformance with
NFPA 50lA 2000 edition and so as not to increase the existing non~onformities in a
Mobile Home (MH) Zone for the property hereinafter described, and has found as a matter
Page 1 of 3
---,--.... ....
178
of fact that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Section 9.03.03.B of the Land
Development Code for the unincorporated area of Collier County, and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; 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 tiled by Tim Hancock, AICP, Davidson Engineering,
representing Hitching Post Co-Cp, Inc. with respect to the property herein after
described as:
EXHIBIT "A"
Attachcd hereto and incorporated by reference herein.
be and the same hereby is approved for a non-confonning use alteration in the
Zoning District wherein said property is located, subject to the following conditions:
I. All principal structures must maintain a minimum separation distance of ten
(10) feet from other principal structures.
2. All structures must comply with NFPA 50lA 2000 edition.
3. The number of units shall not be increased. The site is limited to 368 units and
leased sites.
BE IT FURTIIER RESOLVED that this Resolution relating to Petition Number
NUA-2007-AR-12575 (NG) bc recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Page 2 of 3
~_.".__...'T~--'''' -
178
,fl..
Done this
day of
2008.
A ITEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
j i
,
BY:
TOM HENNING, CHAIRMAN
Approved as to Fonn
and Legal Sufficiency:
11- 7. wiL-.
Steven T. Williams
Assistant County Attorney
Exhibit "A" Legal Description (attached)
CP\08-CPS-00792\R.eso-STW
Page 3 of 3
-_.~_.._._._._._.._..__.-'~""~' '._..~~.,"~,",_.O'_"'"____=._____.~~,.,.._...___=--..,_..'..._,,___v.'_'_~'._
....-.--...........T....
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, RUN NORTH
02037'04" EAST 1236.38 FEET ALONG THE WEST BOUNDARY OF SAID
SECTION 33 TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
02"37'04" EAST 1365.81 FEET TO THE WEST 1/4 CORNER OF SAID
SECTION; THENCE NORTH 02049'48" EAST 646.73 FEET ALONG THE WEST
BOUNDARY OF SAID SECTION 33; THENCE SOUTH 54"25'01" EAST
1009.74 FEET TO A POINT ON THE CENTERLINE OF BAREFOOT
WILLIAMS ROAD; THENCE SOUTH 35034'59" WEST 7.46 FEET TO A POINT
OF CURVE; THENCE 186.21 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE TO THE EASTERLY, SAID CURVE HAVING A RADIUS
OF 170.00 FEET, CHORD BEARING SOUTH 04 012'15" WEST 177.04 FEET TO
A POINT OF TANGENCY; THENCE SOUTH 27010'29" EAST 438.37 FEET TO
A POINT OF CURVE; THENCE 438.96 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE TO THE NORTHEASTERLY, SAID CURVE
HAVING A RADlUS OF 2430.00 FEET, CHORD BEARING SOUTH 32"20'59"
EAST 438.36 FEET TO A POINT OF TANGENCY; THENCE CONTINUE
ALONG THE CENTERLINE OF BAREFOOT WILLIAMS ROAD SOUTH
37031 '29" EAST 605.43 FEET; THENCE NORTH 89059'22" WEST 1701.73 FEET
TO THE POINT OF BEGINNING. CONTAINING 44.46 GROSS ACRES MORE
OF LESS, 43.33 NET ACRES MORE OR LESS. THE NORTHEASTERLY 10.00
FEET RESERVED FOR AN INGRESS AND EGRESS EASEMENT AND THE
EASTERLY 30.00 FEET RESERVED FOR A COUNTY ROAD RIGHT OF WAY.
EXHIBIT "A"
~-_.."_.__...~--- ...-.."
NDN Account #068779
October 20, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NUA-2007-AR-12575: Hitching Post Co-Op
Dear Legals:
Please advertise the above referenced notice on Sunday, November 2, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
17B
..--.~~--~~----<--,--_.-._,-_....._....,.._-~,_..__.._--.-,_.. '.._,_.-
178
, ~ '.:.:.
'.'.
. ''''11
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 18,
2008 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA RELATING TO PETITION NUMBER NUA-2007-AR-
12575, FOR A NON-CONFORMING USE ALTERATION APPROVAL TO ENABLE
UNIT OWNERS TO REPLACE EXISTING NON-CONFORMING STRUCTURES, IN
CONFORMANCE WITH NFPA SOlA 2000 EDITION AND SO AS NOT TO
INCREASE THE EXISTING NON-COMFORMITIES. THE SUBJECT 44.46 +/-
ACRE PROPERTY IS LOCATED IN THE HITCHING POST CO-OP
SUBDIVISION ALONG THE WEST SIDE OF BAREFOOT WILLIAMS ROAD,
APPROXIMATELY 200 FEET SOUTH OF THE INTERSECTION OF BAREFOOT
WILLIAMS ROAD AND TAMIAMI TRAIL EAST, IN SECTION 33, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
The Board will consider Petition: NUA-2007-AR-12575, Hitching Post
Co-Op, Inc., represented by Tim Hancock, AICP, of Davidson
Engineering, is requesting a non-conforming use alteration
approval, to enable unit owners to replace existing non-conforming
structures, in conformance with the Fire Code and so as not to
increase the existing non-conformities. The subject 44.46 =/-
acre property is located in the Hitching Post Co-Op subdivision,
along the west side of Barefoot Williams Road, approximately 200
feet south of the intersection of Barefoot Williams Road and
Tamiami Trail East, in Section 33, Township 50 South, Range 26
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
_"_......w__._._._.....,._._._.~_
178
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
(SEAL)
"""__._.m...,...____"_
Dwight E. Brock
Clerk of Courts
,------~-'<_._,-~,.,_.- ,:",""" .
:e~~pt~-pf~qlher
CLERK OF fi-IE C~RCtJIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI '$AIL EAST
PO. BOX 4i3044
NAPLES, FLORIDA 34101-3Q44
17a
Jt.I
1'<:
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 20, 2008
Davidson Engineering, Inc.
Tim Hancock, AICP
3530 Kraft Road, Suite 301
Naples, FL 34105
RE: Notice of Public Hearing to Consider Petition
NUA-2007-AR-12575: Hitching Post Co-Op
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18,2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Ernail: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
'eOw.ri!)L~ore~llier
CLERK OF THE Gi;RCtJIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 413044
NAPLES, FLORIDA 341 0 1-3044
,',
AU
4V'
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 20, 2008
Hitching Post Co-Op, Inc.
32 Cheyenne Trail
Naples, FL 34113
RE: Notice of Public Hearing to Consider Petition
NUA-2007-AR-12575: Hitching Post Co-Op
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Ernail: collierclerk@collierclerk.com
'--T--_.__e'-
page10( B
Ann P. Jennejohn
To: legals@naplesnews.com
Subject: NUA-2007-AR-12575 Hitching Post Co-op
Attachments: NUA-2007-AR-12575.doc; NUA-2007-AR-12575.doc
NDN Account #068779
Good Morning,
Please advertise the attached on Sunday, November 2, 2008.
Thank you,
Ann
Minutes & Records Department
252-8406
10/20/2008
-~'.'---'-~---'-'-----"'~'--"'-"""-'-'~'-r~-'.'
17B
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, October 20, 2008 11 :25 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT88524.txt; NUA-2007-AR-12575 Hitching Post Co-op
1~1
l;..J
[';'...--.71."
~
ATT88524.txt (231 NUA-2007-AR-1257
B) 5 Hitching Pas...
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
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59536757
4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, 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 affiant
further says that she 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 said newspaper.
PUBLISHED ON: 11/02 11/02
AD SPACE:
FILED ON:
178.000 INCH
11/03/08
l?B
No 17.t7.
--------------------------------------------------+--
Signature of Affiant /1 -------'I
Sworn to and Subscribed before me this \;,)\-\'\ day of '-{\C\\)-ltN lei t ( 2 0 ~
Personally known by me
Co, .
o Xhl.- ~,,\,.,
CLn\( \-\0 ~ ng.....,J.
i!;i::t;';;.";:?k.. CHANELA. MCDONALD
"" '", Commission DO 650475
\:g;..; ..;,,~l Expires June 29, 2011
":f,;!f:,~~'" >i<>nd~d T~nl Troy F~in Im;urance 800.385.70'~'
MEMORANDUM
Date: November 24, 2008
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2008-334:NUA-2007-AR-12575
Hitching Post Co-Op Subdivision
Enclosed please find one copy of the document referenced above,
Agenda Item #17B, adopted by the Board of County Commissioners
on Tuesday, November 18, 2008.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
178
_......_.~---~"-,._""--_._----~~--'_..-r'"~--~._~'-_.--_....-~,.~
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 Oft'icc. The completed routing slip and original
documents are to be forwarded to the Board Office only A!kr the Board has taken action on the item.)
ROUTING SLIP
17B
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infom18tion needed. If the document is already complete with the
exee tion of the Chainnan's si ature, dmw a line thrall routin lines #1 thrall #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order
1.
2.
It \8"' oK
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chainnan's signature are to be delivered to the Bee office only after the Bce has acted to approve the
item.
Name of Primary Staff
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
I
Yes
(Initial)
NI A (Not
A licab Ie)
6. Minutes and Records
Clerk of Court's Office
I: Forms! County Forms! Bee Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "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. B aw re 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 documeut. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
. ,
17B
RESOLUTION NO. 08- 334
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION NUMBER NUA-2007-
AR-12575, FOR A NON-CONFORMING USE
ALTERATION APPROVAL TO ENABLE UNIT
OWNERS TO REPLACE EXISTING NON-
CONFORMING STRUCTURES, IN CONFORM-
ANCE WITH NFPA 50lA 2000 EDITION AND SO
AS NOT TO INCREASE THE EXISTING NON-
CONFORMITIES. THE SUBJECT 44.46 io ACRE
PROPERTY IS LOCATED IN THE HITCHING
POST CO-OP SUBDIVISION ALONG THE WEST
SIDE OF BAREFOOT WILLIAMS ROAD,
APPROXIMATELY 200 FEET SOUTH OF THE
INTERSECTION OF BAREFOOT WILLIAMS
ROAD AND TAMIAMI TRAIL EAST, IN SECTION
33, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102), as amended, which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of requests for
non--conforming use alteration; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board
of the area hereby affected, has held a public hearing after notice as in said regulations made
and provided, and has considered the advisability of non-conforming use alteration, to
enable unit owners to replace existing non--conforming structures, in conformance with
NFPA 50lA 2000 edition and so as not to increase the existing non--conformities in a
Mobile Home (MH) Zone for the property hereinafter described, and has found as a matter
Page 1 of 3
1'......"..-..-------.-.
178
of fact that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Section 9.03.03.B of the Land
Development Code for the unincorporated area of Collier County, and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; 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 filed by Tim Hancock, AICP, Davidson Engineering,
representing Hitching Post Co-Op, Inc. with respect to the property herein after
described as:
EXHIBIT "A"
Attached hereto and incorporated by reference herein.
be and the same hereby is approved for a non-conforming use alteration in the
Zoning District wherein said property is located, subject to the following conditions:
I. All principal structures must maintain a minimum separation distance of ten
(10) feet from other principal structures.
2. All structures must comply with NFPA 50lA 2000 edition.
3. The number of units shall not be increased. The site is limited to 368 units and
leased sites.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
NUA-2007-AR-12575 (NG) be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Page 2 of 3
-----r'
17Bl~
Done this ItJ
day of J'mvAW\0ef 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
D.L.
IRMAN
- , ,,'.".. <~
AttIst ts to Ch., t rile" s
Appr~J~~BfIrh.;1 :
and Legal Sufficiency: . -
11-- 7'wlL'
Steven T. Williams
Assistant County Attorney
Exhibit "A" Legal Description (attached)
CP\08-CP$-Q0792\Reso-STW
Item # ne,
Agenda II---lO J\rJ
Date ~
Date II.... "'KI~A\{)
Rec'd ~ lJO
Page 3 of 3
178 j iMlt'
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, RUN NORTH
02037'04" EAST 1236.38 FEET ALONG THE WEST BOUNDARY OF SAID
SECTION 33 TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
02037'04" EAST 1365.81 FEET TO THE WEST 1/4 CORNER OF SAID
SECTION; THENCE NORTH 02049'48" EAST 646.73 FEET ALONG THE WEST
BOUNDARY OF SAID SECTION 33; THENCE SOUTH 54025'01" EAST
1009.74 FEET TO A POINT ON THE CENTERLINE OF BAREFOOT
WILLIAMS ROAD; THENCE SOUTH 35034'59" WEST 7.46 FEET TO A POINT
OF CURVE; THENCE 186.21 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE TO THE EASTERLY, SAID CURVE HAVING A RADIUS
OF 170.00 FEET, CHORD BEARING SOUTH 04 012'15" WEST 177.04 FEET TO
A POINT OF TANGENCY; THENCE SOUTH 27010'29" EAST 438.37 FEET TO
A POINT OF CURVE; THENCE 438.96 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE TO THE NORTHEASTERLY, SAID CURVE
HAVING A RADIUS OF 2430.00 FEET, CHORD BEARING SOUTH 32020'59"
EAST 438.36 FEET TO A POINT OF TANGENCY; THENCE CONTINUE
ALONG THE CENTERLINE OF BAREFOOT WILLIAMS ROAD SOUTH
37031 '29" EAST 605.43 FEET; THENCE NORTH 89059'22" WEST 1701.73 FEET
TO THE POINT OF BEGINNING. CONTAINING 44.46 GROSS ACRES MORE
OF LESS, 43.33 NET ACRES MORE OR LESS. THE NORTHEASTERLY 10.00
FEET RESERVED FOR AN INGRESS AND EGRESS EASEMENT AND THE
EASTERLY 30.00 FEET RESERVED FOR A COUNTY ROAD RIGHT OF WAY.
EXHIBIT "A"
. T
17C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTIS[NG OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normnl Legal Advertisement Other:
(Display Adv., location, etc.)
*~*************************.****.**..***.***.**.*.***********.*.****.****~.*..****~~:*~.*****.****
Originating Oept! Div: CDES./Zonine Person: Melissa Zone Date: /~ I r ZJ~
Pelition No. (If none, give brief description): CU-2007-AR-12357, First gational Church of Naples
Petitioner: (Name & Address): Mr. D. WaYI\c Arnold, Q. Grady Minor and Associates, P,A., 3800 Via Del Rey, Bonita
Springs, FL 34[34
Name & Address o( any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Firsl
Congregational Church of Naples, 5100 Tamiami Trail N., Naples, FL 34103
Hearing before BCe
BZA
Other
Requested Hearing date:
November 18.2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only it important):
1QQ! Naples Daily News
Otber
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2007.AR-12357, First Congregational
Church of Naples, represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., requesting a Conditional Use to
pCl1nit The First Congregational Church of Naples to construct a 300 seat facility. This site is zoned Estates (E) and is locatcd
within the Estates Designation on tbe Future LUlld Use Map of Collier COllnty Growth Manngemenl Plan. Pursuant 10 Section
2.04.03 of the Land Development Code, chUl'ches ftnd places of worship arc permitted conditional uscs in the E, Estate zoning
district. Currently the property is utilized 11S a single family rcsidenee. The subject property is 2.6 +/- acres located at 6225
Autumn Oaks Lane, Section 29, Township 48 SOllth, Rangc 26 East, Collier County, Florida.
Companion pctition(s), if any & proposed hearing dale:
Does Petilion Fee include advCltising cost? Yes No If Yes, what account should be charged for advertising costs:
Account Number: 068779 llnd PO Number: 4500096189
IO.(7-0'ff
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before nec or BZA: Initiating person to complete olle COI)Y find obtain Division Head approval
befOl'e submitting to County Manager. Note: If legal documcnt is involved, be sure that any necessfll'Y Icgal
review, or requcst for same, is submitted to County Attol'ney before submitting to County Manager, The
Manllger's office will distribute copies:
County Manager agenda flle: to
Requesting Division
Original Clcd{'s Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining f\ copy for file.
~*****.**...***...***.......*.~**.~...."....*.*',.**',...,..*...**.*........**...*...*.**,..*.......
FOR CLERK'S OFFICE USE ONLY:
Date Reeeive(U:?~ Date of Public hearing:\l.l.1il~ Df\te Advertised: -1~~
-"'-_._~-~'--_.
17C Ii
AGENDA ITEM 8-A
RESOLUTION 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT
TO SECTION 2.03.01.B.1.c.l OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR PROPERTY LOCATED IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 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, as amended) 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 approving a Conditional
Use for a 12,000 square-foot church with a seating capacity of 300, pursuant to Section
2.03.01.B.1.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning
district on the property 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.OS.DO.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 has considered all matters presented.
Page 1 of2
- ---T-------
17C
'~F:J::.
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A.,
representing the First Congregational Church of Naples, Inc., with respect to the property most
commonly described as 6225 Autumn Oaks Lane, Collier County, Florida, consisting of one 2.6
acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97,
less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7,
Page 96, of the Public Records of Collier County, Florida, be and the same is hereby approved
for a Conditional Use pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land
Development Code in the Estates (E) Zoning District for a 12,000 square foot church with a
seating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit "B"), subject to
the conditions set forth in Exhibit "c" which is 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:
By:
TOM HENNING, Chairman
, Deputy Clerk
Approved as to form
and legal suffiCiency:
4*= 7. l-;tL
Steven T. Williams
Assistant County Attorney
Page 2 of2
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17C
'''res;
First Congregational Church of Naples
CU-2007-AR-12357
CONDITIONS OF APPROVAL
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B).
The site plan 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. At the time of SDP review and approval, the established water management control elevation
will be set no higher than 10.75 feet NGVD.
3. The water management to serve the church parcel will be required to provide water quality
treatment consistent with SFWMD standards and will be reviewed by Collier County.
Furthermore, the County has deemed the configuration of the water management area as
shown on the Master Plan to be acceptable.
4. Off-site discharge of storm water will not exceed the pre-development conditions of the site.
A "pre vs. post" analysis shall be provided as part of the Site Development Plan process in
order to make sure that this standard is met.
5. The owner or its successor and assigns shall be required to reserve right of way as depicted in
exhibit "A". The reserved road right of way shall be conveyed to Collier County in fee
simple in exchange for impact fee credits. The value of the credit shall be calculated at the
actual cost per acre in which the applicant has paid for the property to the previous property
owner. This dedication shall occur with 90 days of the approval of this Conditional Use.
6. The county will provide for a positive discharge point for storm water along Autumn Oaks
Lane for the subject property. The property owner and the County shan coordinate the
location to be mutually acceptable. The minimum discharge elevation to the existing
Autumn Oaks Lane roadside swale will be set at lOA' NGVD. The project outfall structure
shall be designed to meet the outfall flows.
7. Collier County will construct gravity wans along the subject properties northern property line
within the County ROWand taper it to a shared slope and construction easement along
Valewood Drive in order to accommodate the perimeter water management swale and
landscape buffer for the church property. The property owner will be responsible for the
maintenance of the easement.
8. The County shall construct the sidewalk along Valewood Drive along the East side and
reduce the ROW "corner clip" behind the lmmokalee / Valewood turn out. The county will
attempt to reduce the corner clip where feasible. The applicant will not be responsible for
construction of or payment in lieu for sidewalks adjacent to the project.
CU-07-AR-12357
Exhibit B
~~'----
17C
9. Any required preserve for the subject property may be provided off-site through the
acquisition of like property with subsequent donation to Collier County or through a payment
to Conservation Collier sufficient to secure an area consistent in both size and quality to the
on-site preserve area.
10. The maximum actual building height shall not to exceed 75 feet above finished floor
elevation.
II. The maximum building square footage shall not exceed 12,000 with a maximum
congregation seat capacity of 300.
12. Day Care Facilities are prohibited except during church services.
CU-07-AR-12357
EXhibit B
--,-----..---.------.-.
17 C '1t4f1
NDN ACCOUNT #068779
October 20, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2007-AR-12357: First Congregational Church of Naples
Dear Legals:
Please advertise the above referenced notice on Sunday, November 2, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
,._".__.,_.._---._-~.--_._._..-_....-.---_.
NOTICE OF PUBLIC HEARING
17C
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 18,
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, PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE TO ALLOW A CHURCH IN THE ESTATES (E) ZONING
DISTRICT PURSUANT TO SECTION 2.03.01.B.1.c.1 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION
29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
The Board will consider Petition: CU-2007-AR-12357, First
Congregational Church of Naples, represented by D. Wayne Arnold of
Q. Grady Minor and Associates, P.A., requesting a Conditional Use
to permit The First Congregational Church of Naples to construct a
300 seat facility. This site is zoned Estates (E) and is located
within the Estates Designation on the Future Land Use Map of
Collier County Growth Management Plan. Pursuant to Section 2.04.03
of the Land Development Code, churches and places of worship are
permitted conditional uses in the E, Estate zoning district.
Currently the property is utilized as a single family residence.
The subject property is 2.6 +/- acres located at 6225 Autumn Oaks
Lane, Section 29, Township 48 South, Range 26 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.
.....--.....-....,-.-.--........-----..-.............,......
17C
,'l.
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
(SEAL)
____._._.0..___._.__..... ._._____.....--,--__.___
Dwight E. Brock
Clerk of Courts
c-..----.--\ _'"
\e~ty::preql1ier
CLERK OF THE GIRCtJIT COURT
COLLIER COUNTYCOURtBOUSE
3301 TAMIAMI tHAIL EAST
P,O, BOX 41,3044 "
NAPLES, FLORIDAj~~ 10 1-3044
,;,/
i>:;
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 20, 2008
D. Wayne Arnold
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Notice of a Public Hearing to Consider Petition
CU-2007-AR-12357: First Congregational Church of Naples
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18,2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
~e~~ty,-_ofeollier
It,_~,,, ',_ ,
CLERK OF THE GlRCUIT COURT
COLLIER COUNTY ,COURtHOUSE
3301 TAMIAMI THAlL EAST
PO, BOX 413044
NAPLES, FLORIDA ~4101-3044
Ii;
1"
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 20, 2008
First Congregational Church of Naples
5100 Tamiami Trail North
Naples, FL 34103
Re: Notice of a Public Hearing to Consider Petition
CU-2007-AR-12357: First Congregational Church of Naples
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 18, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 2, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colliercIerk.com
r-
Ann P. Jennejohn
17C
To:
Subject:
legals@naplesnews.com
CU-2007-AR-12357 First Congregational Church
Attachments:
CU-2007 -AR-12357.doc; CU-2007 -AR-12357.doc
Hi again,
Please post the attached an Sunday, November 2, 2008.
~
~
Thanks again,
CU-2007-AR-12357
.doc (29 KB)
CU-2007-AR-12357
.doc (29 KB)
Ann
1
-.- ..-.. -r---'
17C
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, October 20,20082:16 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT92474.txt; CU-2007-AR-12357 First Congregational Church
~
['::'-'1
L:..J
ATT92474.txt (231 CU.2007.AR-12357
B) First Congreg...
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
'-""-,
CU-2007-AR-12357 First Congregational Church
Page 1 of 1
17C
Ann P. Jennejohn
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, October 20,20082:25 PM
To: Ann P. Jennejohn
Subject: RE: CU-2007 -AR-12357 First Congregational Church
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Monday, October 20, 2008 2: 16 PM
Posted To: Legals - NDN
Conversation: CU-2007-AR-12357 First Congregational Church
Subject: CU-2007-AR-12357 First Congregational Church
Hi again,
Please post the attached on Sunday, November 2, 2008.
Thanks again, <<CU-2007-AR-12357.doc>>
<<CU-2007 -AR-12357.doc>>
Ann
10/20/2008
------.--------.-...........1".....
Ann P. Jennejohn
1.1L
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, October 20, 2008 2:35 PM
Ann P. Jennejohn
Ad Confirmation
Attachments:
UAS2485.jpg
!iI
UAS2485.jpg (93
KB)
Petition: CU-2007-AR-12357
Thank you for placing your ad.
Date 10/20/08
Publication NDN
Account Number 744102
Ad Number 1747964
Total Ad Cost $388.20
1
-'-'---'T---'-"'-'--
Naples Daily News
Naples, FL 34102
11C
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59536807
4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, 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 affiant
further says that she 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 said newspaper.
PUBLISHED ON: 11/02 11/02
AD SPACE:
FILED ON:
168.000 INCH
11/03/08
Signature of Affiant
',4.~-
~' '""
-~<
hln 174.7QlI,&
Sworn to and Subscribed before me this \;;Jl,-\, day of '-\\~~1..200E
Personally known by me ~~~c~'c~
(:lA' Y-(h_:i.~
';!;'~i)
CHANEL A. MCOONALD
Commission DO 650475
Expires June 29, 2011
flnn~mlThnJTmVF~inInRuranoe~I){}38S_7019
MEMORANDUM
Date:
November 21, 2008
To:
Melissa Zone, Principal Planner
Zoning and Land Development
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-335: CU-2007-AR-12357
First Congregational Church of Naples
Enclosed, for your records you will find a copy of the document referenced
above, (Agenda Item #17C), which was adopted by the Board of County
Commissioners on Tuesday, November 18, 2008.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
17C
---,--.-....-----
17C
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 OriginaJ documents should be hand delivered to tile Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exc9ilion of the Chairman's si~nature, draw a line through routin~ lines # J through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I. Steve Williams CAO
"5 r...; 11'lq.O~
2. Judy Puig CDES A.(i~if\i~"t\,j)') q( 1\) Iq/Df
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
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCe ofTIce only after the Bee has acted to approve the
item.
Name of Primary Staff Melissa Zone
Contact
Agenda Date Item was 11118/2008
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution & exhib' s
-5BS
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 trom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and 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 1/ -I~- C~(cnter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a lieable.
2.
3.
4.
5.
6.
I: Forms! County Fonns! Bce Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revi
252-2958
J7C
Yes
(Initial)
N/A(Not
A licable)
'S"f ...J
"5r~
17C
RESOLUTION 08- 3..3..5..-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT
TO SECTION 2.03.0I.B.l.c.l OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR PROPERTY LOCATED IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 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, as amended) 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 approving a Conditional
Use for a 12,000 square-foot church with a seating capacity of 300, pursuant to Section
2.03.01.B.l.c.1 of the Collier County Land development Code (LDC) in the Estates (E) Zoning
District on the property hereinafter described, and the Collier County Planning Commission has
found as a matter of fact (Attachment "A") 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.
Page I of4
17C
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A.,
representing the First Congregational Church of Naples, Inc., with respect to the property most
commonly described as 6225 Autumn Oakes Lane, Collier County, Florida, consisting of one 2.6
acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97,
less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7,
Page 96, of the Public Records of Collier County, Florida, be and the same is hereby approved
for a Conditional Use pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land
Development Code in the Estates (E) Zoning District for a 12,000 square foot church with a
seating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit "B"), subject to
the following conditions:
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan
(Attachment B). The site plan 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. At the time of SDP review and approval, the established water management
control elevation will be set no higher than 10.75 feet NGVD.
3. The water management to serve the church parcel will be required to provide
water quality treatment consistent with SFWMD standards and will be reviewed by Collier
County. Furthermore, the County has deemed the configuration of the water management area
as shown on the Master Plan to be acceptable.
4. Off-site discharge of storm water will not exceed the pre-development conditions
of the site. A "pre vs. post" analysis shall be provided as part of the Site Development Plan
process in order to make sure that this standard is met.
5. The owner or its successor and assigns shall be required to reserve right of way as
depicted in Attachment "B". The reserved road right of way shall be conveyed to Collier County
in fee simple in exchange for impact fee credits. The value of the credit shall be calculated at the
Page 2 of 4
,
17C
actual cost per acre in which the applicant has paid for the property to the previous property
owner. This dedication shall occur with 90 days of the approval of this Conditional Use.
6. The County will provide for a positive discharge point for storm water along
Autumn Oaks Lane for the subject property. The property owner and the County shall
coordinate the location to be mutually acceptable. The minimum discharge elevation to the
existing Autumn Oaks Lane roadside swale will be set at 10.4' NGVD. The project outfall
structure shall be designed to meet the outfall flows.
7. Collier County will construct gravity walls along the subject properties northern
property line within the County ROWand taper it to a shared slope and construction easement
along Valewood Drive in order to accommodate the perimeter water management swale and
landscape buffer for the church property. The property owner will be responsible for the
maintenance of the easement.
8. The County shall construct the sidewalk along Valewood Drive along the east
side and reduce the ROW "comer clip" behind the Immokalee / Valewood turn out. The County
will attempt to reduce the comer clip where feasible. The applicant will not be responsible for
construction of or payment in lieu for sidewalks adjacent to the project.
9. Any required preserve for the subject property may be provided off-site through
the acquisition of like property with subsequent donation to Collier County or through a payment
to Conservation Collier sufficient to secure an area consistent in both size and quality to the on-
site preserve area.
10. The maximum actual building height shall not exceed 75 feet above finished floor
elevation.
II. The maximum building square footage shall not exceed 12,000 with a maximwn
congregational seat capacity of 300.
12. Day Care Facilities are prohibited except during church services.
Page 3 of 4
"
17C
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
o d(c, b<tJ.ft--
This Resolution adopted after motion, second and super-majority vote, this ~ day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUN Y, FLORIDA
By: 0Cuu... _OC.
Atteit I' to " - Clerk
11g1ll"'" 011 II' .:
. .. .
Approved as to form and
legal sufficiency:
M-7.wlJ
Steven T. Williams <j1"V:>
Assistant County Attorney
Page 4 of 4
airman
Item # l1L
~~:da L\..-t ~ ()~
~~~d U...-'U)1)~
__-........J
17C
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.0I.B.l.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the SaJlle 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~ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
CHAIRMAN IA1 avL p'jJk;-;~
DATE::)- (p; t) V
Attachment A
17C
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.0I.B.l.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the SaJlle 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
. i
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
.l 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
YesL No_
/1
i
Based on the above findings, this conditional use should, with sti
(should not) be recommended for approval <text>.
{
lations, (copy attached)
DATE: S~ \'\(2.((/3
-GIIAIRMAN:
hlilvW3/iiL ()'C/\{) '::4:}tlc~:e;1L
Attachment A
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.0I.B.l.c.7 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 SaJlle district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes vi
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> JrJP/Avf1770tJS
_ Affect cannot be mitigated
D. Compatibility with adj acent 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: 1/1'?/iJf
I I
MEMBER: ILl j--r/yJA.-."-Z ~d. {}~
Attachment A
_.._.-^._~,_.".._.-.,,,_."
17C
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.0I.B.l.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the SaJlle 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:
V 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
YesL No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: fII./6" - tY if"
z: //v110'
eHA.I:KMAN: /p(..- ~~
f1 j'11 (I {'I,
Attachment A
.,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.l.c.7 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 SaJlle district or neighborhood
because of:
A.
Consistency with the Land DJelopment 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 & egres/s
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 j No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 1//7/02'
/[ I
MEMBER: t::// ~
I
Attachment A
17C
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~.
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.-...,.---.
17C ,i~j
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.0I.B.l.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the SaJlle 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached
(should not) be recommended for approval <text>.
DATE: 9-/cf'-o.f--
C\:tiA.lKMA))I-i":---"
/'
AI) c-,p12T 6/u-~ /0 ~~
Attachment A
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.0I.B.l.c.7 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 SaJlle district or neighborhood
because 0 f:
A.
Consistency with the Land Development Code and Growth Management Plan:
j
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 j 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 j
No
Based on the above findings, this conditional use should, wit
(should not) be recommended for approval <text>.
DATE:
MEMBER:
Attachment A
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
1710
To: Clerk to the Board:
x Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
.....................**..**.....****.*...*****************************************************************
Originating Deptl Div: OMS
Person: John Yonkosky
Date: Ilf7/08
Petition No. (If none, give brief description): Notice of Proposed Amendment to FY09 Adopted Budget
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: XX Bee
BZA
Other
Requested Hearing date: (Rased on advertisement appearing at least 2 days before hearing.) Tuesday, November 18, 2008, Bee
Regular Meeting
Newspaper(s) to be used: (Complete only if important): (To appear in NDN Friday, November 14, 2008)
X Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common location & Size): Notice of Public Hearing, Collier County, Florida proposes to
amend its Fiscal Year 2008.09 Adopted Budget.
Companion petition(s), ifany & proposed hearing date: N/A
Do", Pd,UOn Fcc mclode adve",smg COsl' X Yes 0 No If Y;' w~;;~n3~ be chacgcd foradvort"mg COslS 001.101520.
\\("5In<2 ~:W It<)DOOI\?'1I')
~ \1 rejub r- \5u-\ ~\a5s \ ~'ecL I,
Reviewed by
JO~~
Division Administrator or Designee
List Attachments: Notice of Public Hearing
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one eopy and obtain Division Head approval before
submitting to County Administrator. Note: Ir legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Administrator. The Administrator's offiee
will distribute copies:
o County Manager agenda file: to
Clerk's Office
D H.cquesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FORCLERK'SOFFICEUSE?~t~l.-.Dt II f /Ii (rlJ/"o 1\ I/\\l 0
Date Received: ~Date of Public hearing: ~ Date Advertised:~, DC),
,...--
17D
COUNTY OF COLLIER P\JHUC HEARING NOTICE
Public Hearing; Collier County Board ofCllunty Commissioners
Date: N"vc-rnber18,2008
Time: 9:00~.m.''''''lOnlh=aft.r
wallon: Collier CmUlty Government Cenlcr, COlUlty Commissioner's aoanll<x,m. 3"' Floor,
3301 Tami.miT....ilE8SI,!-;aplcs.FI<.'rida
Notice IS hereby given lhal the Board "rCounty Commissionc" of Collier COLUlly, Florida
roosestnado Ih"rull<JW,"'bud~.t"metldmen"
FUND HIND SOURCE USl: FUND
TOTAL
'" Natn",lReSll\lt'CC 'lI23lnS-16E6 [rMire, HabiUlIReS\(Ifation $15.1,&110
I 17-NalUraJ Resource 10/28108-1(1)14 Coa,lal7,oueMn , !3o.terStLld S16.> 800
n4~Slcrmwatcr laOS IO/14!08-16BI2 1m ",vemenlPm "" Po.itionnotbudeted SI,227,SOO
'" StormwatcrC ,", 1011410ll-]6812 1m ",..cmeIlIPm m P",il;Cll\noth"dClcd $20314,100
3<0 Pad"1m actFau IO/2Sf08-16D241 Le""cJLand Pa '"' cnildren'sMu..um $22293,538
'" WaterlSewer rahn 9123101l.16C Tran,fer BundCa it<'l] Fund $124256,125
'" WIller-!m eIFc.9123108-16C) Trnn.fe, llOlIdCa,italFund 5177487()(l
4lJ-Wa~lewaterlm tF...9123108-16C Transfcr Rondea italFund $28,054700
415~2006Rc",nueBond 9123/08-](,C Transfer HondCa italFl1Dd $8,510,600
426..CATTransit1:nhancom.nl Transfer ImmokalceTrarulit 57,226,960
ThlsnOl'CI!'.'pubhsbedlllaccordall,",Wlln ~1"T1lI.Stalutes 12906; i1CcnrJmglYlbepubhcahooofsucb
must b. accomphshodat Ic..t 2 days, bul not mocc j),.n5days, Mfor.theda.teoflhehcnring
Advertisement
Page I of 1
17D
Teresa L. Polaski
From: HutchinsonBarbetta [BarbettaHutchinson@colliergov.net]
Sent: Wednesday, November 05, 2008 10:48 AM
To: Minutes and Records
Subject: Advertisement
Attachments: Public Hearing Notice 11.18.08.pdf; Legal Ad Request.pdf
Attached is the request for advertising and the Public Hearing Notice as it should be published in the
Naples Daily News on Friday, November 14, 2008. Emily Pagan told me to make sure I include the p.o.
number (#4500098915) and that it should be a "regular legal classified" ad. She also promised to
discount my future ads because of the problems we had last time. Please let me know if you have any
questions or if you can't read something.
<<Public Hearing Notice 11.18.08.pdf>> <<Legal Ad Request.pdf>>
Thank you,
Barbetta Hutchinson
Executive Secretary
Office of Management and Budget
Barbett<ll-'M.c.binson@colliergov,net
11/5/2008
Advertising
Page I of I
17D
Teresa L. Polaski
From: HutchinsonBarbetta [BarbettaHutchinson@colliergov.net]
Sent: Wednesday, November 05, 2008 10:49 AM
To: Minutes and Records
Subject: Advertising
Oh -I forgot - she also said to include my account number: 050389. Sorry!!
Barbetta Hutchinson
Executive Secretary
Office of Management and Budget
Barbetta Hutchinson@colliergov.net
.
1115/2008
17D
ACCT #050389
November 5,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PROPOSED AMENDMENTS TO FY08 ADOPTED BUDGET
Dear Legals:
Please advertise the above referenced notice on Friday, November 14, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O./Account # 4500098915
Public Hearing Notice II 18 08.pdf - Adobe Reader
Page I of I
17D
Teresa L. Polaski
From:
Sent:
To:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, November 05, 2008 4:36 PM
Teresa L. Polaski
Subject: RE: Public Hearing Notice 11 18 08.pdf . Adobe Reader
Attachments: 231113031.pdf
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, November 05, 2008 11:29 AM
Posted To: Legals - NDN
Conversation: Public Hearing Notice 11 18 08.pdt - Adobe Reader
SUbject: Public Hearing Notice 11 18 08.pdt - Adobe Reader
<<Public Hearing Notice 11 18 08.pdf>> <<Amendment to FY08 Adopted Budget(11-18-08).doc>>
Legals,
Please advertise the following legal ad on Friday, November 14, 2008. Any question, Please contact me. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T ereso.Po laski@collierclerk.com)
11/5/2008
17D
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
Public Hearing Notice 11 1B OB.pdf - Adobe Reader
Attachments:
Public Hearing Notice 11 1B OB.pdf; Amendment to FYOB Adopted Budget(11-1B.OB).doc
~'l
~
~
Public Hearing Amendment to
Notice 1118 08 .. Y08 Adopted 8udg
1
Public Hearing Notice II 18 08.pdf - Adobe Reader
Page 1 of I
17D
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Wednesday, November 05,20082:11 PM
To: Teresa L. Polaski
Subject: RE: Public Hearing Notice 11 18 08.pdf . Adobe Reader
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com]
Posted At: Wednesday, November 05, 2008 11:29 AM
Posted To: Legals - NON
Conversation: Public Hearing Notice 11 18 08.pdf - Adobe Reader
Subject: Public Hearing Notice 11 18 08.pdf - Adobe Reader
<<Public Hearing Notice 11 18 08.pdf>> <<Amendment to FY08 Adopted Budget(11-18-08}.doc>>
Legals,
Please advertise the following legal ad on Friday, November 14, 2008. Any question, Please contact me. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Boord of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
11/5/2008
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MEMORANDUM
Date:
November 21, 2008
To:
John Yonkosky, Budget Director
Management & Budget Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-336: Approving Amendments to
the Fiscal Year 2008-09 Adopted Budget
Attached, for your records, please find one (1) copy of the Resolution
referenced above, (Agenda Item #17D), adopted by the Board of County
Commissioners on Tuesday, November 18,2008.
If you should have any questions, please call 252-8406.
Thank you.
Attachment (l)
17D
17D
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 doo..;uments 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 fi)r additional signatures, dates, and/or infonnation needed. lfthe document is already complete with the
exception of the Chairman's silmature, draw a line throUll11 routing lines # I through #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the
item)
Name of Primary Staff John Y onkosky Phone Number 252-8088
Contact
Agenda Date Item was 11/18/08 Agenda Item Number 170
Aooroved bv the BCC
Type of Document Resolution 'O~~?~ Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Omce and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and 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 Chairnlan 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 ollice 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 11/]8108 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 lleable.
Yes
(Initial)
Yes
N/A (Not
A licable)
2.
3.
4.
5.
6.
N/A
Yes
Yes
Yes
Yes
(: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 08-3 3 6
17D
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, AMENDING THE BUDGET
FOR THE 2008-09 FISCAL YEAR.
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to
as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefore; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which
appropriate: unanticipated carry forward, or make transfers from one fund to another: and
WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2008.09 by resolution pursuant
to Section 129.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORI DA, that the budget amendments to the FY 2008-09 Budget described below are approved and hereby adopted and the FY 2008-
09 Budget is so amended.
INCREASE
(DECREASE)
CARRY
FORWARD
BUDGET OR INCREASE
AMENDMENT INTERFUND (DECREASE)
fUND NUMBERS TRANSFERS RECEIPT
117 09-041 (10/2SIOS-16DI4) $10,000.00
117 09-044 (9123/0S-16E6) $IS.6S0.00
324 09-030 (I 0l141OS-16B 12) $SI,SOO.OO
325 09-029 (JO/14/0S-16BI2) $SI.S00.00
346 09-050 (10/2SIOS-16D24) $398.23S.00
40S 09-020 (9/23/08-16C) $43,000.00
411 09-021 (9/23/0S-16C) $36,300.00
413 09-022 (9/23/0S.I 6C) $6,700.00
415 09-023 (9123/08-16C) $1.782.600.00
426 09-039 (10/2SI08-16B7) $61.160.00
INCREASE
(OECREASE)
EXPENDITURE
INCREASE
(DECREASE)
RESER VI'S
INCREASE
(DECREASE)
INTEREUND
TRANSEERS
$10,000.00
$IS,680.00
$SI,800.00
$SI.S00.00
$398.23S.00
$43.000.00
$36,300.00
$6.700.00
$1.782,600.00
$61,160.00
BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to sprcad this Resolution in full among the minutes
of this meeting for permanent rccord in his office.
This Re.sQJ~t~on adopted this 18th day of November, 2008, after motion. second and majority votc.
I ~, ,
genda
Date
1 ~ f':>
L\::1l:Q ~
Ltfi::DQ
ATTEST:
DWIGHT. E_ BROCK, Clerk
By:
.c
,
Item #
Date
Rec'd
-1-