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Agenda 09/12/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, September 12, 2000 9:00 a.m. 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. COLLIER COUNTY ORDINANCE NO. 99-22 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". 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 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, (941) 774-8380; 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 - Reverend David Woerner, East Naples United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES 1 September 12,2000 A. August 1, 2000- Regular Meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS Proclamation designating September as "Leukemia and Lymphoma Awareness Month in Collier County". To be accepted by Helen Dunn, Leukemia Survivor and Cis Curtin, Director of Suncoast Chapter of the Leukemia and Lymphoma Society. 2) Proclamation designating September 18 - 22, 2000 as "Industry Appreciation Week". To be accepted by Susan Pareigis. Proclamation designating October 4, 2000 as "Collier County Walk Our Children To School Day". To be accepted by Beth Yang from MPO. Proclamation recognizing the efforts of the Diversity Committee. To be accepted by Frank Rodriguez. 5) Proclamation designating September 29, 2000 as "Law Enforcement Appreciation Day". To be accepted by Sheriff Hunter. B. SERVICE AWARDS 1. Miguel A!varado, Pelican Bay - 5 yrs 2. Michele Mosca, Planning Services- 5 yrs 3. Ruth Szabo, Library- 5 yrs 4. Gregory Yanda, Public Utilities Wastewater Dept. - 5 yrs 5. Julio Ordonez, Engineering & Construction Mgmt - 10 yrs 6. Nancy Frye, Transportation Road and Bridge- 15 yrs 7. Paul Miller, Ochopee Fire Control District - 15 yrs 8. Edward Torroni, Parks & Recreation - 25 yrs PRESENTATIONS 1) Recommendation to recognize James H. Wyatt, Plant Operator II, Water Department, as Employee of the Month for August 2000. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 2 September 12,2000 e PUBLIC PETITIONS A. Dyrel Delaney concerning a rear yard setback. B. Monte Lazarus with the Marco Island Senior Squadron Civil Air Patrol concerning construction of the proposed Civil Air Patrol Hangar at the Marco Island Executive Airport. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an Intergovernmental Agreement with the Florida Department of Environmental Protection - South District Office - to allow an environmental professional to be housed in the County's Development Services Center for purposes of conducting State required wetlands analysis on building Permit applications. B. TRANSPORTATION SERVICES Authorize the Transportation Administrator to proceed with the design and construction of Livingston Road as a controlled access six-lane facility from Radio Road to Lee County Line, and begin processing the appropriate change orders and amendments, Projects 60061, 60071, 62071, 65041. C. PUBLIC UTILITIES 1) Board authorization to implement a Radio Technology Water Meter Reading Program in Fiscal Year 2001..ofessional 2) This item has been deleted 3) A report to the Board on the Potable Water Sub-Element of the Collier County Growth Management Plan. 3 September 12,2000 D. PUBLIC SERVICES E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS Lo Me A. Appointment of members to the Environmental Advisory Council. B. Appointment of member to the Historical/Archaeological Preservation Board. C. Appointment of members to the Board of Building Adjustments and Appeals. D. Appointment of member to the Lake Trafford Restoration Task Force. E. Appointment of member to the Bayshore/Avalon Beautification MSTU Advisory Committee. F. Appointment of member to the Collier County Planning Commission. G. Appointment of members to the Collier County Health Care Planning and Finance Ad Hoc Committee. H. Appointment of Commissioner to serve as the Everglades Restoration key contact person for the County Commission. (Commissioner Mac'Kie) Appointment of member to the Workforce Development Board, Region 24. This item has been deleted. Discussion relating to the naming of a neighborhood park in Golden Gate. (Tract 179) (Commissioner Constantine) Request from the City of Marco to adopt a resolution regarding piping plover. (Commissioner Brandt.) Discussion regarding speed limit on Collier Boulevard (Mainsail Drive to Judge Jolly Bridge) (Commissioner Brandt.) 4 September 12,2000 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Request to authorize County Attorney to draft ordinance prohibiting the retail sale of handguns without a three day waiting period. (Sheriff Hunter) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE AUGUST 1, 2000 MEETING. Petition PUD- 2000-09 Brad Healrich, P.E. of Hedrich Engineering Inc., representing Meridian Land Co. requesting a rezoning for property currently zoned "A" Rural Agricultural, "RSF-3" Residential Single Family and "ST" overlay to "PUD" Planned Unit Development to be known as Madeira PUD for a maximum of 438 residential dwelling units for property located on the west side of Livingston Road, approximately % miles north of Immokalee Road (C.R. 846), in Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, consisting of 145.93 +/- acres. Petition CU-2000-10 Richard Grant of Grant, Fridkin, Pearson, Athan & Crown, P.A. representing Signature Communities, Inc., requesting Conditional Use "5" of the "RT" Zoning District per Section 2.2.8.3. for a private club for property located at 9467 Gulf Shore Drive North, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 3) Petition PUD-00-10, Ms. Karen Bishop of Project Management Services, Inc., representing Royal Palm Builders I, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Meadowbrook PUD allowing for 293 residential dwelling units for property located on the east side of Airport-Pulling Road (C.R. 31) and south of the Carillon PUD, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of 48.87 acres more or less. 5 September 12,2000 OTHER 1) Approval of a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. 2) Approval of a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. 3) THIS ITEM WAS CONTINUED FROM THE AUGUST 1, 2000 MEETING. Adopt an Ordinance to amend the Collier County Road Impact Fee Ordinance by clarifying when' "use of land" road impact fees, such as those applicable to golf courses, become due and payable; providing that when road impact fees become delinquent that penalty and interest provisions apply as of the first date of delinquency; providing that specified development orders can be withheld if road impact fees are not paid in full when due. 4) Adopt an Ordinance amending Ordinance No. 91-107 allowing for Roadway Lighting Improvements within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (M.S.T.U.), Project No. 68062 5) An Ordinance amending the Collier County Ethics Ordinance (No. 99-22) to establish additional and more stringent gift prohibitions.' 6) .Adopt an Ordinance Amending Ordinance No. 97-i7, the Collier County Utilities Standards and Procedures Ordinance. 7) Review hearing to determine eligibility to submit alternative road impact fee calculations for Tiburon, Pelican Marsh and Bay Colony golf courses. 8) Review hearing to determine eligibility to submit an alternative road impact fee calculation for two nine-hole golf courses at Grey Oaks. 9) Review hearing to determine eligibility to submit an alternative road impact fee calculation for the Valencia at Orangetree golf course. 10) Review hearing to consider an alternative road impact fee calculation for Vanderbilt Country Club. 11) Review hearing to consider an alternative road impact fee calculation for Naples Heritage Golf and Country Club. 6 September 12,2000 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Petition V-98-1, A. Kurt Ardaman, representing ABC Liquors, Inc., requesting a 15 foot variance from the required 15 foot landscape buffer strip to zero (0) feet for property located on the north side of Tamiami Trail East and further described as Lot 36, Naples Grove and Truck Company's No. 2, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. 2) Petition V-2000-14, Kirk Sanders requesting a 2.3-foot after-the-fact variance from the required 10-foot rear yard setback established for accessory structures to 7.7 feet for a storage building for propert)' located at 1130 Sperling Avenue and is further described as Lot 14, Block "B", Sperling's Subdivision, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. Petition V-2000-16, Suncoast Custom Pools, representing Taylor Woodrow Communities, requesting a 2.2-foot after-the-fact variance from the required 10-foot rear yard setback to 7.8 feet for property located at 1772 Winding Oaks Way, further described as Lot 202, Stonebridge Unit 4, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. Petition SV-2000-02, Mario Lamendola, Architect, representing Henry and Marianne Filkoski requesting a 40-foot variance from the required 150-foot road frontage for a pole sign to 110 feet for a property located at 1301 Airport Road South approximately 650 feet north of Davis Boulevard intersection on the east side of the road. THIS ITEM WAS CONTINUED FROM THE AUGUST 1~ 2000 MEETING. Petition CU- 2000-06 David W. Rynders, representing James K. Keiser, requesting Conditional Use "14" of the "A" zoning district for a Clothing Optional Social Club per Section 2.2.2.3 for property located at 1311 Pet Ranch Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida consisting of 8.71 +/- acres. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 7 September 12,2000 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an Interlocal Agreement with the Collier County School Board to place ozone monitoring equipment at Laurel Oak Elementary School to conduct ambient air quality monitoring for the urban area of the County. z) Approval of Amendment #2 for Contract GC530 with the Florida Department of Environmental Protection (FDEP) to continue to oversee the clean-up petroleum contaminated sites in Collier County. 3) Recommendation to approve Commercial Excavation Permit No. 59.753, "Otero Commercial Excavation No. 4" located in Section 19, Township 48 South, Range 28 East; Bounded on the north by Oil Well Road right-of-way, on the west by occupied lot, on the south by vacant lot, and on the east by vacant lot. 4) Recommendation to approve Commercial Excavation Permit No. 59.756, "Steven's Lake Commercial Excavation" located in Section 7, Township 49 South, Range 27 East; Bounded on the north by occupied lot, on the west 21't Street S.W. right-of-way; on the south occupied lot, and on the east by occupied lot. 5) Recommendation to approve Commercial Excavation Permit No. 59.757, "Jim Weeks Commercial Excavation, NW corner Desoto & 29th" located in Section 21, Township 48 South, Range 28 East: Bounded on the north by vacant land zoned Estates, on the east by DeSoto Boulevard, on the South by 29th Avenue NW, and on the west by vacant !and zoned Estates. Request the Board of County Commissioners to set a public hearing date for November 28, 2000 for consideration of a proposed Development of Regional Impact and Development Order for Petition DRI-99-03. 7) Award of RFP 00-3088 and approval of contract to provide independent legal counsel for the Collier County Code Enforcement Board. 8) Approval of a Business Manager position in the Community Development and Environmental Services Division. 9) Final acceptance of water and sewer utility facilities for Eckerds at Galleria. 10) Final acceptance of water facilities for Carlton Lakes, Tract E. 11) Final acceptance of pump station utility facilities for Rookery Bay. 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Timarron Unit One". 8 September 12,2000 14) i5) 16) 17) 18) 19) 20) 21) Request to approve for recording the final plat of "Fiddler's Creek Phase 2A, Unit One". Request to approve for recording the final plat of "Grey Oaks Unit Nineieen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Isla Vista at Grey Oaks", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Carlton Lakes Unit No. 3A", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Grey Oaks Unit Eighteen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Grey Oaks Unit Seventeen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Indigo Lakes Unit Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Tiburon Boulevard East Extension" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Audubon Country Club, Unit Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 22) Approval of budget amendments to reimburse Community Development Fund from impact fee revenues for annual cost of impact fee administration program. 23) 24) 25) Recommendation that the Board of County Commissioners approve a resolution to correct the boundaries of the Bayshore/Gateway Triangle Development area due to a scrivener's error. Approval of additional technical work to be performed by Richard Tomase!1o, P.E., in reviewing the Flood Insurance Rate Map Revisions (FIRMS) prepared by the Federal Emergency Management Agency (FEMA). Authorize the County Attorney to draft an ordinance prohibiting commercial "Pay" telephones on residential property. 9 September 12,2000 Be TRANSPORTATION SERVICES 1) Approve cooperative agreement between the County and Big Cypress Basin/South Florida Water Management District. 2) Approve the Lakewood drainage system responsibility agreement. 3) Approve Work Order No. B-I for Bonness, Inc. for the Construction of Intersection Improvements at Davis Boulevard (S.R. 84) and Collier Boulevard (C.R. 951) #66065 4) Approve Committee Ranking of Firms for Contract Negotiations 'for Construction Engineering Inspections Services for Airport-Pulling Road, Collier County Project No. 62031, CIE No. 55 5) Approve a Developer Contribution Agreement between Collier County and the Developer of Bridgewater Bay (Oak Grove PUD) for Right-of-Way dedications for Livingston Road and Orange Blossom Drive. 6) Consideration of Budget Amendment for purchase of replacement Tractor Mower for the Immokalee Road and Bridge Section. 7) Request Board of County Commissionerg approval of Median Modification on Immokalee Road (CR 846) at Valewood Drive and incorporate into the Immokalee Road Widening Project.#69101, CIE #8 8) Approve committee ranking of firms for contract negotiations for Construction Engineering Inspections Services for Livingston Road Phase II, Collier County Project No. 60071, CIE No. 52 9) Approve the Stipulated Final Judgment pertaining to the Eminent Domain Lawsuit entitled Collier County vs Lucille C. Clemens, et al. 10) Approve an Amendment to the previously approved Street Lighting Option for the U.S. 41 widening project between Airport-Pulling Road and Davis Boulevard, a Florida Department of Transportation Project, currently under construction. 11) Approve Bid #00-3094 for purchase of Limerock and Fill Materials. 12) Approve a Donation Agreement and accept a Drainage Easement to provide flood relief for property owners within the Kirkwood Avenue/Gateway Triangle area. 13) This ite~n has been deleted. 14) This item has been deleted. 15) Approve Resolution authorizing the County Manager to enter into a Landscape Installation and Maintenance Memorandum of Agreement with the Florida Department of Transportation for East U.S. 41 Phase "A" Landscape Improvements. 16) This item has been deleted. 17) This item has been deleted. 18) Update to the Public Transportation Development Plan (PTDP). 10 September 12,2000 19) This item has been deleted. 20) This item has been deleted. 21) Authorization for Metropolitan Planning Organization Task Orders. 22) Approve contract for Professional Engineering Services by Wilson Miller, for Santa Barbara/Logan Six-Laning Design from Radio Road to Pine Ridge Road, Project No. 62081, CIE No. 56. 23) Approve Petition TM 00-01 for the Neighborhood Traffic Management Program Project on 10~h Avenue SW between Logan Boulevard and Napa Boulevard. PUBLIC UTILITIES 1) Approve a Goodland Water District Budget Amendment for the replacement of the telemetry system and for Water Operations. 2) Recommendation to award Annual Bid #00-3105 for hauling and disposal of lime sludge. 3) Recommendation to award Bid #00-3130 to furnish and deliver Bermad Valves. 4) Acceptance of an Utility Easement for the relocation of a water meter at the Dorchester Condominium in Pelican Bay. 5) Approve Addendum No. 2 to the Riviera Golf Club Effluent Agreement and approve transfer of Agreement to Fore Golf Services, Inc. 6) Approve final ranking oi' consultants for engineering services related to Odor Corrosion/Control Study, RFP #00-3066. 7) Award Bid No. 00-3117 for the purchase of strainers and accessory kits. 8) Waive purchasing policy and approve the purchase of a ground-penetrating radar system for location of underground utilities. 9) Award a Purchase Order to Pulsafeeder, Inc. to furnish and deliver five chemical metering pumps to the North County Regional Water Treatment Plant, Bid 00-3116, Project 70057. 10) Award a Work Order to Mitchell & Stark Construction Company, Inc. for acid feed room modifications at the North County Regional Water Treatment Plant, Project 70890. 11) Amend the Collier County Wastewater Master Plan to provide regional service to the new Livingston Road Corridor in the vicinity of Pine Ridge Road. 11 September 12,2000 13) 14) Authorize funds for additional engineering services during construction of County Utility relocations in conjunction with U.S. 41 road widening from Myrtle Road to Old U.S. 41, Projects 70047, 70048, and 73048. Approve Work Order VGW-FT-00-03 to the AEC National/Wilkison Joint Venture for professional engineering services to replace wastewater pumping station located on Port Au Prince Road, Contract 98-2835, Project 73060. Approve task assignment for professional engineering services by Malcolm Pirnie, as per Solid Waste Characterization and Program Analysis Study, RFP 00-3046. Do PUBLIC SERVICES 1) Amend the Vanderbilt Beach Concession Agreement with Day-Star Unlimited, Inc. 2) Approve an Agreement for Landscape Services with TECH of Collier County for Golden Gate Community Park. 3) Accept and Sign the Grant Agreement for the LSTA Grant Project "Seniors On-Line" and Approve the Attached Budget Amendments (2) in Order to Initiate the Grant. 4) Acceptance of Library Long Range Plan and Approval of Library State Aid Application. 5) Award of Bid 00-3128 for the Construction of Max Hasse Community Center. 6) Award a Contract for Bid No. 00-3126, "Beach Cleaning Vehicle" to P.G. Greiner, Inc. 7) Approval of an Interlocal Agreement with the City of Everglades City to Provide $30,000 in Local Matching Funds for the City's State Historic Preservation Grant Application for the Restoration of the Everglades City Hall. 8) Approve an Award of Florida State Contract No. 765-900-99-1 for the Purchase of Tractors ~for the Beach Cleaning Operation. 9) Waive the Requirement for Formal Competition and Increase Purchase Order to Bradanna, Inc. (PO #006438) for the Site Work at Golden Gate Neighborhood Park. SUPPORT SERVICES 1) Authorize staff to equipment. utilize state contract pricing for computers, servers and related 12 September 12,2000 2) Adopt a Resolution authorizing the canceling of current taxes upon certain oil, gas & mineral rights obtained by tax deed without monetary compensation for public use. 3) Approval of a lease agreement between Collier County and Sprint-Florida, Incorporated. 4) Approval of Budget Amendments to Fund 517, Group Health Insurance list of documents attached. 5) Approval for a resolution authorizing expenditure of funds for a picnic to recognize Collier County Board of County Commissioners' employees. 6) Approval of an amendment to the Workers' Compensation Managed Care Agreement between Collier County Government and Community Health Partners. 7) Approve to award Bid No. 00-3089 for the purchase of electrical parts and supplies used in County repairs and maintenance. 8) Award Bid No. 00-3101, grounds maintenance at the Collier County main government complex. 9) Approve and execute an amendment to the Arthur Andersen consulting services agreement to clarify scope of work and obtain additional services. 10) Approve the donation of a Christopher Columbus statue from the Knights of Columbus. 11) Approve budget amendments totaling $441,000 to fund the cost of relocating various County Departments and authorize staff to negotiate a lease for office space on Horseshoe Drive. 12) Approval to award Work Order VB-00-01 to Vanderbilt Bay Construction Company, Inc. for the Golden Gate Government Services Center. F. EMERGENCY SERVICES 1) Approval of Federal Hazard Mitigation Grant Program applications for funding to improve hurricane protection at Collier County shelters. 2) Approve the purchase of property for an EMS substation. 3) Approval of County Grant Application and Distribution Form for EMS lnedical rescue equipment and training classes. 4) Agreement approval and adoption of Resolution authorizing the execution and acceptance of said agreement between the Department of Community Affairs and Collier County regarding monies available in the Emergency Management Preparedness and Assistance Trust Fund. 13 September 12,2000 COUNTY MANAGER 1) Ratification by the Board of County Commissioners of consent/emergency items approved by the County Manager during the Board's absence. (a) Approve budget amendment to address various.expenses within the Human Resources Department. (b) Approval of Budget Amendment Report - BA #00-374; #00-371. (c) Reject Bid No. 003110 - Annual agreement for preparation and delivery of title commitments. (d) Award Work Order SC00-07 to Surety Construction, Inc. for the construction of Phase II(A) of Sugden Regional Park. (e) Approval of Budget Amendment Report -Budget Amendment #00-419. (f) Approve the purchase of e-mail anti-virus software and hardware for network connections to the Clerk of the Courts and Property Appraiser's network. (g) Request approval of budget amendment to fund demolition of unsafe steel building at Marco Transfer Station. (h) Award Letter of Interest No. 00-3087 for annual underground utility contracting services. (i) Approve a budget amendment to transfer funds into salaries to cover merit increases and reclassifications and termination pay for Public Utilities and Transportation Engineering employees. (j) Amend Work Order CDM-FT-00-03, to provide engineering services for upgrading the Pelican Bay Wellfield, Project 74039. (k) Award Bid #00-31223 Bayshore Drive beautification, landscaping and irrigation. (!) Amended 2000 Tourism Agreement between Collier County and the Marco Island Film Festival regarding advertising and promotion. (m) Approve increase in the dollar amount for non-bid items for Annual Bid #98-2821, contractual services for traffic signals and street lights. (n) Approve task assignment for professional engineering services by Malcolm Pirnie, for solid waste characterization and program analysis study: (o) Approval of Budget Amendment Report - Budget Amendment #00-425 and #00-369. 14 September 12,2000 (p) Approval of Budget Amendment Report - Budget Amendment #00-432. (q) Recommendation to approve commercial Excavation Permit No. 59.752, "Tim Flick Commercial Excavation" located in Section 15, 16, Township 48 South, Range 27 East; bounded on the north by 334 Avenue NW, right-of-way, on the west by vacant lot, on the south canal right-of-way, and on the east by canal right-of-way. (r) Approval of Budget Amendment Report - Budget Amendment #00-450 and #00-466. (s) Waive the requirement for formal competition and approve the purchase of light posts, planters, planter posts, decorative railing and planter embellishments for Bayshore M.S.T.U. Beautification. H. AIRPORT AUTHORITY 1) Establish the project budget to mitigate for the planned taxiway at Marco Island Executive Airport. 2) Establish the project budget to widen one-half mile of County Road 846 south of Immokalee Regional Airport. I. BOARD OF COUNTY COMMISSIONERS 1) Commissioners request for approval for payment to attend function. J. MISCELLANEOUS CORRESPONDENCE ¸1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign satisfaction of Lien for Services of the Public Defender for Case Nos.: 91-1318~MMA, 92-1639-MI, 96-5048- MMA, 97-9858-MMA, 0001584MMA, 9707184MM~, 9901821 C FA, 0003480MMA, 9803636MMA, 9908329MMA, 0004901MMA, 9801897MMA, 9906773MMA, 15 September 12,2000 9806158MMA, 9703593MMA, 0000719MMA, 9908874MMA, 9908507MMA, 9903308MMA, 9807147MMA, 9808424MMA, 9901508MMA, 9811411MMA, 9909651MMA, 0004217MMA, 9908700MMA, 98001710CFA, 0005069MMA 0003082MMA 0002784MMA 9907188MMA 0002193MMA 9907602MMA 9907035MMA 9908893MMA 0004120M31A, 9804129MMA, 0003727MMA, 9907459MMA, 0000008MMA, 9904067MMA, 9908322MMA, 9903374MMA, 0001852MMA, 9808501MMA, 9800391CFA, 0003940MMA, 0002513MMA, 9708842MMA, 0004608MMA, 9903382MMA 9907720MMA 9903625MMA 0000496MMA 0000747MMA 9908856MMA 9908388MMA 2) Miscellaneous items to file for record with action as directed. 9905664MMA, 9907210MMA, 9001492CFA, 9900394MMA, 9810034MMA, 9809150MMA, 0001794MMA, 9910444MMA, 0000255MMA, 9703792MMA, K. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners serve as the local coordinating unit of government, endorse the Collier County Sheriff's Office State of Florida, Department of Transportation, Highway Safety Funds Grant Application, and upon award, accept the grant and approve applicable budget amendments for the Sheriffs Office Immokalee D.U.I. Enforcement Project. L. COUNTY ATTORNEY Approve corrective Stipulated Final Judgment regarding the easement acquisition of Parcel 84-T in Collier County v. John B. Fassett, Trustee (Livingston Road from Immokalee Road to Imperial Road). 2) Approve a budget amendment in the amount of $67,100. 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 16 September 12,2000 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. A. This item has been deleted. ao Petition CU-2000-08, Thomas R. Brown, Esq. representing First Haitian Alliance Church, Inc. requesting a Conditional Use for House of Worship in the "E" Estates zoning district for a property located on the west side of County Barn Road approximately one half mile south of Davis Boulevard. This site consists of 2.3 acres. Petition CU-2000-09 Jonathan Burt of J.D. Burt Company, Inc., representing Crossroads Community Church, requesting a Conditional Use for a church, for property known as Pine Ridge Sports/Recreational School, located at 3285 Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.1_+ acres. D. THIS ITEM WAS CONTINUED FROM THE AUGUST 1, 2000 MEETING. Petition CCSL-93- 3, NB Hotel Limited, representing the La P!aya Resort beach concession, requesting a Coastal Construction Setback Line variance to allow for construction of shower/deck, cabana storage boxes, waverunners/sailboat/kayaks/chairs storage area and volleyball net posts at the La Playa Resort Hotel at lots 25 through 30 inclusive, Block A, Unit 1, Connors Vanderbilt Beach Estates, Section 29, Township 48 South, Range 25 East, Collier County, Florida. E. THIS ITEM WAS CONTINUED FROM THE AUGUST 1, 2000 MEETING. Petition CCSL- 2000-2, Brett D. Moore of Humiston & Moore Engineers representing the Halstatt Partnership and Westgroup La Playa, LLC, requesting a Coastal Construction Setback Line variance to allow for construction of a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements to the La Playa Resort Hotel at lots 25 through 30 inclusive, Block A, Unit 1, Connors Vanderbilt Beach Estates, Section 29, Township 48 South, Range 25 East, Collier County, Florida. Fo Petition ASW-2000-01, David H. Farmer, P.E., of Coastal Engineering Consultants, Inc., representing 7-Eleven, Inc., requesting a 300-foot waiver from the minimum required separation of 500 feet between automobile service stations for property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Petition SNR-2000-04, John Tangorra, representing the Nature Pointe Homeowners Association, requesting a street name change for a portion of Outrigger Lane to Gordon River Lane, located in Nature Pointe Subdivision, in Section 35, Township 49 South, Range 25 East. Approval of an Ordinance amending Ordinance Number 2000-37, the Olde Cypress PUD to correct a scrivener's error due to omissien of an intended revision to the Table of Development Standard for Residential Areas approved at a duly heard Public Hearing held on May 23, 2000. Approval o~ a Resolution amending Resolution Number 2000-158, a Conditional Use of a private club at the La P!aya Resort to correct a scrivener's error to the legal description approved at a duly heard Public Hearing held on May 23, 2000. An Ordinance Amending Collier County Ordinance No. 87-25, by revising Section Five; providing for inclusion in the Code of Law and Ordinances; providing for conflict and severability; and providing an effective date. (Ordinance allows officers or employees of the County to purchase surplus property pursuant to procedures outlined in Section 274.06 Florida Statutes - Surplus Property Alternative Procedures). 17 September 12,2000 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 September 12,2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING SEPTEMBER 12, 2000 ADD: ITEM #8(B)2: Award a construction contract to Hannula Landscaping, Inc. for the U.S. 41 Tamiami Trail East- Phase "A" Streetscape Beautification project from Davis Boulevard to Airport-Pulling Road, Bid No. 00-3098, Project No. 60038. (Staff request.) ADD: Item #8(F)1: Application for Community Foundation of Collier County Grant Program. (Staff request.) MOVE: ITEM 12(B)2 TO #13(A)6: Petition CU-2000-10 Richard Grant of Grant, Fridkin, Pearson, Athan & Crown, P.A. representing Signature Communities, Inc., requesting Conditional Use. (Staff request.) MOVE: ITEM #17(D) TO #12(C)12: Petition CCSL-93-3, NB Hotel Limited representing the LaPlaya Resort Beach concession, requesting a Coastal Construction Setback Line variance. (Commissioner Brandt request.) MOVE: ITEM #17(E) TO #12(C)13: Petition CCSL-2002-2, Brett D. Moore of Humiston & Moore Engineers representing the Halstatt Partnership and Westgroup La Playa, LLC, requesting a Coastal Construction Setback Line. (Commissioner Brandt request.) CONTINUE: ITEM 11(A)1 Indefinitely: Request to authorize County Attorney to draft ordinance prohibiting the retail sale of handguns without a three day waiting period. (Sheriff Hunter) CONTINUE: ITEM 12(B)1 to October 10, 2000 BCC meeting: Petition PUD- 2000-09 representing Meridian Land Co requesting a rezoning. (Staff request.) DELETE: 16(E)4: Approval of Budget Amendments to Fund 517, Group Health Insurance list of documents attached. (Staff request) NOTE: It has been requested that a communication to be provided by the County Attorney under Item 14 Staff Communications and a corresponding public comment regarding the Goodland Overlay and Dolphin Cove project to be heard at 1:30 p.m. WHERE~$, PROCLAA~A T-rON N~amly 10B, 000 p~ople are diagnosed wffh ie~kem/a and other blood- rtla~d canmtr~ each y~ar in the Uni~d States; and Florida mpom tb~ ncond h~hert ~.mb~r of new ca~z of blood- )~ar; and An e~limal~d 4, ~00 Fbridians are amantj fh~ 60,.~0 people in the United 5tat~t wh~ die of i~ukemia ar~ other bl~n~-relaf~d canc~re each y~ar; and Citizens of all a~t~, from infanf~ to s~nior~r are susceptible to ~hese po~n~ially fatal disea~s; and ~ 5uncoa.~ ~iety preWdes financial to ~ati~ and their Fire'ida; and leukemia Walk" at 6:$0 p.m., this NOW LEUKE~A of ~ollie" COC~!TY ~VHEREA$, WHEREAS, PROCLAMATION industr7 /n Collier County is vital to the community~ economic health,' and Collier County ~ existir~ indus~ies a~e the key to a prvspe~ous future,' and t~e expansion of those indust~ie~ accounts fo~ the mqjo~ity of new jobs c~eated: and Collier County ~ ind~tries help sustain our quality of life, exemplify high standards of excellence and a positive, ~esponsible apprvach to economic d/versification and community enhancement; and public knowledge of the cont~ibution~ made by i~ustq, is essential to Commissioners of 18-Z2, DONE AND ATTEST: CO, fIM. r55.Z'ONER5 FLOR. rDA CHA.~RI~AN AGENDA ITEM No. _~,q ~ 5EP ~2 ~UO0 P~o / ~ WHEREAS, PROCLAMAT]:ON Florida has been shown to be the state that could most benefit fram improvements to the walking environment, with children identified as the biggest benefactors of improved safety conditions; and WHEREAS, the Board of County Commissioners is committed to the safe travel of children to and from school; and WHEREAS, Collier County has been active in efforts to increase opportunities for walking as an activil~/and mode of travel through its alliance with the MPO Bicycle and Pedestrian Program; and WHEREAS, walking to school promotes child development, teaches independence, and improves local traffJ uali~; and WHEREAS, uit in keeping with NOW of d~ be A¥ DONE AND ER5 ATTEST: T~MOTH¥ J. CONSTANT"L'NE, CHAIRMAN DWZGHT E. BROCK, CLERK AGENDA ITEM No. -~'~.~ . SEP 1 2 2000 _ PROCLAMATION WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREA S, the Board of Collier County Commissioners unanimously passed a resolution to support, promote, and celebrate diversity within our community and workplace on June 22, 1999; and, in an effort to promote diversity as a positive value within the organization, the County Manager created a committee that became a shining example of how leaders from the private sector can partner with employees from all levels of the organization in an effort to improve County government; and, this committee was charged with developing a management plan that would not only advocate, but would hold accountable employees for making diversity a viable resoume in County management,' and, the members of the committee invested their time and efforts attending and reviewing other diversity programs in the private and public sector at the local and national levels over the past year,' and, their hard work culminated in a management plan proposal to promote the value of diversity in areas of recruitment, retention, education, and performance; and, this management plan has been enthusiastically accepted by the County Manager for meeting the Board's goal; and, the employees and community leaders who served on the committee should be acknowledged for their efforts in making Co/tier County a better place to work. NOW THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that the Board hereby recognizes the efforts and commitment of the diversity team toward the advancement of diversity as benefit to Collier County government and its customers. DONE AND ORDERED THIS 12th Day of September, 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: TIMOTHY Jo CONSTANTINE, CHAIRMAN DWIGHT BROCK, CLERK SEP 12 2000 Pg. I T-TON WHEREAS. the problems of crime touch a// se9ment$ of our soc~ and can undermine and erode the moro/and economic strengths of our communities; and WHEREAS, we are fortunate that low enforcement officers from a// area a9encies dedicate themselves to preservin~ law and order and the pubh'c ~ safely; and I~VHEREA,5, we recognize that the men and women/n law enforcement risk thetY lives on a daily basis to protect our citizens and maintain social order,' and we encourage o//dtizen~ to pause to recognize our low enforcement officers so that we may not take their work for granted THERk?ORE, BE z"r RE,501. VED THAT THE Board of take ~ their 9', Florida hereby fficers for NOW ,f designated as DONE AND T~'A40 THY ,T CONS TAN TZNE, CHA£RA4AN b WIGHT E. BROCK, CLERK ag E Ni~M~I T,E I~/t,,, No, EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JAMES H. WYA'n', PLANT OPERATOR II, WATER DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR AUGUST 2000. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Jim Wyatt has been with Collier County since 1993 working in the South Water Plant. He is responsible for a number of assorted duties which he has taken on, above and beyond, his responsibility as a Water Plant Operator. The Water Department operates the pump station which supplies water to the Goodland residents. Part of Jim's responsibility is to see that the Goodland section functions properly, which includes operating, maintaining and upkeep of the facility. Over the last several years, Jim has initiated a fire extinguisher control program for the outlying stations, gives water plant tours to visitors as well as new employee orientation groups and takes on the responsibility of new operator training. Jim has saved the County a large amount of cost with his suggestion for the location of a PLC (Programmable Logic Controller) and designed an air conditioning system to be used at the Goodland Re-Pump Station. Jim's knowledge, professionalism and concern for customers, water quality and Collier County have earned him the recognition of being selected as Employee of the Month for August 2000. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That James H. Wyatt, Plant Operator recognized as the "Employee of the Month" for August 2000. PREPARED BY: APPROVED BY: II, Water Department, Mary-J(~Br~ Administrative Secretary, County Manager's Office DATE: Thomas W. Olliff, County Manager be A(3ENDA ITEM'" No. $EP 1 2 21x)o - COLLIER COUNTY MANAGER'S OFFICE August 15, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Dyrel Delaney 427 Heron Avenue Naples, Florida 34108 Re: Request for Public Petition - Zoning Variance - Rear Yard Setback Dear Mr. Delaney: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 12, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. OlliffJ,~/. County Manager TWO/bp cc: County Attorney Community Development Division AGENDAITEM No. ? Pg. . FROM : FA>-', NO. : Aug. 02 200(~ 04:-19PM P1 To: Fax 774-8588 To: Barb~tru Pedone Collier County Board o1' Commissioncrs Agenda coordinator From: DyreI Delaney 427 tieron Ave. Naples, Ft 34108 Telephone (941 ) 594-1783 Fax (941) 594-1783 August2,2000 Dear Ms. Pedone, This will augment our various telephone calls. ! wish to be put on the Collier County Board of Commissioners ret~mlar meeting agenda. My reason is a public petition. I will be requesting a zoning variance of rear yard set back line. I wish to add a Storm Room (meaning hurricane, tornado or any natural disaster) on the rear of my dwellMg. The approximate dimenaions will be 7' back x 15'across or roughly 112 sq. ft. I have attempted this through the normal channels of building permits without any success. For ready reference the address and legal description of the subject propert3' are as follows: Dyrel & Maria Delaney 427 H~on Ave. Naples. FL 34108 Legal: Comaer's Vanderbilt'Beach Estates Lot 45 Block "T" Llnit 3 as per the plat thereof, as recorded in Plat Book 3, At page 89 Collier County Records, Florida Sincerely, Dyrel Delaney COLLIER COUNTY MANAGER'S OFFICE August30,2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Monte Lazarus Lt. Col. CAP Commander Marco Island Senior Squadron Civil Air Patrol P.O. Box 225 Marco Island, FL 33969-0225 Re: Request for Public Petition Concerning Construction of the Proposed Civil Air Patrol Hangar at the Marco Island Executive Airport, Item 7B Dear Lt. Col. Lazarus: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 12, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Boards members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO:jeb CC: County Attorney 2000 EXECUTIVE SUMMARY APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION - SOUTH DISTRICT OFFICE - TO ALLOW AN ENVIRONMENTAL PROFESSIONAL TO BE HOUSED IN THE COUNTY'S DEVELOPMENT SERVICES CENTER FOR PURPOSES OF CONDUCTING STATE REQUIRED WETLANDS ANALYSIS ON BUILDING PERMIT APPLICATIONS OBJECTIVE: To provide an improved level of service to citizens applying for building permits. CONSIDERATIONS: Over the past decade, on a number of occasions, the Board has discussed policy issues related to wetlands in North Golden Gate Estates. These discussions have involved the pros and cons of withholding approval of single family permits pending issuance of a jurisdictional agency permit (or an agency finding that none is needed). The Board had consistently maintained that: 1) the County should not implement a separate wetlands permitting process; 2) the County's single- family permit review' process should not be inordinately delayed as a result of holding up such permits for state and or federal jurisdictional reviews; and 3) County staff should provide as much information and assistance as possible to ensure that property owners are aware of the jurisdictional agency wetland permitting requiremenl~s and do not find themselves in violation of those requirements. Accordingly, staff has notified single-family permit applicants in North Golden Gate Estates of the need to contact these jurisdictional agencies prior to commencing construction. Moreover, staff has been sending the jurisdictional agencies copies of the permit applications in the North Golden Gate Estates area. Although efforts to inform construction permittees of possible additional permitting requirements have been undertaken by the County, jurisdictional agencies such as the United States Army Corps of Engineers (USACOE) and the Florida Department of Environmental Protection (DEP) have documented increased violations the North Golden Gate Estates area. These violations are primarily the result of unauthorized impacts to wetlands from single family construction. Unfortunately, these types of violations are generally discovered after construction has commenced, and active sites must be temporarily shut down. Suspending construction for even a short period can place extreme burdens on homeowners, builders, including their contractors and suppliers, real estate companies and the financing industry. To proactively inform single-family building permit applicants in this area, the DEP and the County are proposing to house a DEP staff member (at the level of Environmental Specialist III) at the Development Services Center on Horseshoe Drive. This individual would further the "one-stop-shop" concept by reviewing and issuingEnvironmental Resource Permits (ERP's) from our facility and become part of our permit review process. Only those permit applications for lands that potentially contain jurisdictional wetlands would be forwarded to the ES for review. If jurisdictional permits are required, the DEP is committed to review and issuing such permits in an expeditious time frame. Additional tasks to be handled by this individual include site visits on an as needed basis; boats dock extension and marina reviews; and providing consultation and assistance to County staff and to the public on various other environmental and water resource matters. ,, SEP 12 20O0 n. / This collaboration is the precursor to forthcoming DEP process changes. Over the next year, the DEP will be reviewing the appropriateness of general permits within certain areas and for certain uses. If a General Permit is authorized for portions of Collier County, any revenue paid to the State for mitigation could then be passed through to the County for acquisition of sensitive lands and flow-ways. This process currently exists in Lee County. FISCAL IMPACT: This program is not currently listed in the proposed budget for Fiscal Year 2001. Funds are available in the Community Development Fund to support the program and can be placed in the appropriate cost center as a Current Service function for the fiscal Year 2001 Budget if approved. A recurring cost of $45,000, at a minimum, will be experienced if the program is approved. It is anticipated this cost will increase each year due to salary increases. GROWTH MANAGEMENT IMPACT: Intergovernmental coordination between the County and DEP is consistent with Goal 1 of the Intergovernmental Coordination Element. This goal provides for the exchange of information to resolve differences and achieve compatible and coordinated plans. Coordination of wetlands reviews with DEP is consistent with Objective 1.3 of the Golden Gate Area Master Plan in that it enables the County to better protect and preserve the valuable natural resources. RECOMMENDATION: That the Board of County Commissioners approve the proposed Intergovernmental Agreement. PREPARED BY: REVIEWED BY: APPROVED BY: /-L~ ~ Date: l~ob6rt J. Mulhere, AICP Planning Services Director Patrick 9' White, Assistant/~gunty Attorney : in/!e~:ero, AICP, Administrator Date: Community Development and Environmental Services SEP 20O0 This Agreement prepared by: Patrick G. White Assistant County Attorney 3301 East Tamiami Trail Harmon Turner Building Naples, Florida 34112 This Space for Recording Purposes INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND TIlE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTH DISTRICT OFFICE This Intergovernmental Agreement (Agreement) is entered into by and between Collier County, Florida, a political subdivision of the State of Florida, through the Collier County Board of County Commissioners (County) and the State of Florida Department of Environmental Protection, South District Office, (Department) for the purpose of providing an increased level of environmental resource permitting service to the citizens under the jurisdiction of Collier County. RECITALS WHEREAS, under the Environmental Resource Permit (ERP) program authorized under part IV of chapter 373 of the Florida Statutes, the Department requires permits for the construction, alteration, removal, or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works in uplands and wetlands or other surface waters; and WHEREAS, the Department, as staff to the Board Of Trustees of the Internal Improvement Trust Fund, processes applications for authorizations to use sovereign submerged lands; and WIIEREAS, the Department implements mangrove trimming permit requirements under sections 403.9321-9333 of the Florida statutes; and WIIEREAS, due to the rapid growth in southwest Florida and the limitation of staff resources, the Department is experiencing difficulty in meeting the demand for services related to the ERP, sovereign submerged lands, and mangrove trimming programs in Collier County; and WIIEREAS, representatives of the county and the Department have met to discuss this issue; and WIIEREAS, this discussion resulted in a proposal to enter into an arrangem the County will fund through a grant an additional Department ERP staff person 1 ~ent SEPt 2 2000 processing applications and performing other tasks associated with administering the ERP, sovereign submerged lands, and mangrove trimming programs within Collier County; and WHEREAS, the County strives to provide the best service possible to its customers by establishing a one-stop shop delivery system for development services; and WHEREAS, the services to be performed under this Agreement will provide a real and substantial benefit for the citizens of the County, and further a valid County purpose. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants stated herein, the County and the Department formally agree as follows: 1. The County will provide funding through a grant to the Department for the purpose of employing an additional Other Personnel Services (OPS) employee for the exclusive purpose of processing or assisting in the processing of ERP and mangrove trimming permit and sovereign submerged lands approval applications for activities within Collier County's jurisdiction. The person filling this position will be located in the County Community Development and Environmental Services Division offices on North Horseshoe Drive, Naples, and will act solely as an employee of the Department, which will be responsible for the emp!oyee's training, supervision, compensation andbenefits, and all other personnel matters. 2. The County agrees to provide the Department, through a grant, an amount sufficient to fund such OPS position, not to exceed $45,000 per state fiscal year. The initial funding will be delivered to the Department within 45 days of the execution of this Agreement, and annually thereafter throughout the duration of this Agreement if the Agreement is extended as provided in paragraph 5. For the initial funding, a pro rata amount of the $45,000 annual funding will be determined for the period between the date of execution of this Agreement and June 30, 2001. 3. The Department agrees to diligently pursue the filling of the position with a qualified individual. If the individual employed to fill this position terminates employment for any reason, the Department agrees to immediately initiate the hiring process to retain another qualified individual to fill the position. 4. The Department agrees that all persons filling the position will be qualified to, and will perform capably, the duties shown in the attached position description (Attachment A) exclusively for issues and development projects under the jurisdiction of Collier County, provided, however, that any applications submitted by, or on behalf of Collier County shall be processed by other employees of the Department in the Fort Myers Office. 5. This Agreement becomes effective on the' date of final execution and remains in effect until June 30, 2001. The Agreement parties may be extended annually provided that such extensions are agreed to by the parties in writing. Any funds that are not fully expended during one year of the Agreement may be applied to the next extension of the Agreement. If the Agreement is not extended, then any unexpended funds remaining after the final pa' employee must be returned to the County. 2 ,mt~.nt tn the SEP 12 2000 6. In the event of one party's failure to fulfill any of its obligations under this Agreement, then the other party may immediately terminate this Agreement at any time. Either party may also terminate this Agreement after providing written notice of its intent to terminate at least sixty (60) calendar days in advance of the date of termination. In addition, the terminating party must also provide the non-terminating party an opportunity to consult with the terminating party regarding the reason(s) for termination. In the event the Agreement is terminated, any unexpended funds remaining after the final payment to the employee must be returned to the County. 7. Notice will be deemed sufficient when delivered personally or by certified mail to the appropriate party at the address set forth below: County: Department: Vincent A. Cautero Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples Florida, 34104 Gordon Romeis Department of Environmental Protection P.O. Box 2549 Fort Myers, Florida 33902-2549 8. The Department's continuing participation in this Agreement (except for the termination described above) is subject only to the Florida Legislature's annual approval of the Department's spending authority for the services contemplated under this Agreement. 9. The County's manager for this Agreement is Mr. Vincent A. Cautero, phone (941) 403-2385. The Department's manager for this Agreement is Mr. Gordon Romeis, phone (941) 332-6975 ext. 145. All matters pertaining to the administration of this Agreement are to be directed to the respective party's manager for appropriate action or disposition. 10. This Agreement will be recorded by the County in the Official Records of Collier County, Florida. IN WITNESS THEREOF, the parties hereto have executed the Agreement by their duly authorized officials effective on the latter date set forth below. DA'rED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 3 TIMOTHY J. CONSTANTINE, $EP 1 2 2000 (~) signature Printed'T~l~ed Name (2) Signature By: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Signature PrintedvTyped Name Printed'Typed Name Printed,Typed Title Approved as to form and legal sufficiency: David C. Weigel Count3' Attorney h:PGW,,Agreements~,EnvironResources&FDOT (corporate seal) 4 SEP 1 2 2000 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CAREER SERVICE SYSTEM POSITION DESCRIPTION POSITION' NUMBER: :~ COPES CODE Present Proposed 37151035000 PERSONNEL OFFICE USE ONLY Class Code Type of Transaction Effective Date [ Approved By/Date 4809 [ ~p~t, Clas! Title Environmental Speciahst III (OPS) Information to be furnished t~ DMS 1. DEPARTMENT OF ENV[RONMENT~PRO.TECTION 5~ C!ass:Coae : ~: Class Title 2. Division Pres. , South District 3. Bureau 4809 Environmental Specialist III (OPS) ERP 4. Section/Subsection Prop, Submerged Lands & Environmental Resource Permitting 6. Duties and Responsibilities: (* Identifies essential functions) In carrying out the duties of this position, the incumbent is expected at all times to be aware of and abide by the Department's Standards of Conduct, as well as any and all departmental and/or work unit rules, directives, policies, procedures, and/or general orders applicable to performing the duties of this position. If incumbent of this position has completed, or must complete Public Service Training, incmnbent is expected to be aware of and abide by the Public Service Standards developed by the Department. If position is supervisory, incumbent is also expected to actively support and work toward fulffillng the Agency's Affirmative Action objectives and comply with the provisions of Chapter 60K-8, F.A.C. If managerial/supervisory, this position is responsible for maintaining effective internal communications with superiors and subordinates in keeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for the processing and evaluation of Environmental Resource Pc' applications and associated functions for the Submerged Lands and Environmental Resource Permitting (SLERP), an, facilitates the means and objectives of the Outxeach and Watershed Management Strategies of the Department. This position is co-located with Collier County Government, and its intent is to assis~ Collier County residents and permit applicants with quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability' to perform the duties and functions of the job. Processes and evaluates Em, ironmental Resource and Mangrove Trimming permit applications and/or requests for Sovereign Submerged Land uses for projects in Collier County. which require review of their potential impacts. Assess the *75% value of biological systems, identifies potential impacts which result from construction projects or various types, determines appropriate Regulatory Permit and State Lands Authorization and evaluates proposals in accordance with criteria listed in Chapters 253, 258, 373, and 403, Florida Statutes. These evaluations are conducted in compliance with the Submerged Lands and Environmental Resource Program (SLERP) operation and procedures manual, Department rules and regulations, and in-house time clock and policies. Evaluates permit applications, sends requests for additional information and required forms to obtain appropriate Regulatory Permit and State Lands Authorization, performs site inspections with recommendations to applicant, performs final action (issue or deny) on assigned projects. Schedules and performs pre- application inspections, prepares field reports, meets with applicants to discuss site potential and submits interoffice memorandums detailing meeting highlights on projects assigned by Supervisor. Conducts compliance inspections on submerged lands lease renewal applications, and forwards inspection reports to State *20% Lands' reviewers. Provides complaint response for unauthorized activities. Prepares trip reports, documents non- compliance, determines possible actions to abate any violations, and forwards file to Fort Myers Compliance and Enforcement staff. Assists Local Government inspectors with multimedia inspections at Local Government supervisory discretion. AGEN .,. 5% Other duties as required. - ,' SEP 1 2 2000 7. Knowledge, Skill(s), and Ability(ies): List any ertlD' level knowledge, skill(s), or ability(ies) relating to this position including utilization of equipment. KSAs identified in this section are considered Essential Function(s). (1) Knowledge of the terminology, principles and analylical techniques ofthe physical natural sciences. (2) Knowledge of potential environmental impacts which result from construction. (3) Ability to determine work priorities, and insure proper completion or work assignments. (4) Ability to solve problems and make decisions. (5) Ability to communicate effectively verbally and in writing. (6) Ability to collect, evaluate, analyze, and interpret scientific or technical data. (7) Ability to understand and apply applicable rules, regulations policies and procedures relating io environmental programs. (8) Ability to deal with the public in a tactful and courteous manner. (9) Ability to work independently. (10) Ability to establish and maintain effective working relationships with others. (11) Knowledge of the Submerged Lands and Environmental Resource Program's (SLERP) operations and procedures manual. (12) Knowledge of Florida Statues, and Administrative Code Rules relatingto Regulatory and Proprietary Permit Application processing. (13) Knowledge of and ability to perform field biology/site inspection techniques in accordance with the SLERP operation and procedures manual as well as Department rules and regulations. (14) Ability to be able to wade, swim, snorkel and traverse difficult wetland terrain. 8. Signature of Immediate Supervisor: Date: 9. I certify that the statements of this position description, to the best of my knowledge, accurately describe the duties performed. (lfthe employee does not agree, red, cate here: DO NOT AGREE ) Signature of Incumbent: Date: 10. Signature of Reviewing Authority: Date: Department Head, Division Director, or other Administrative Officer) 11. Signature of Agency Officer: Date: 12. Supervisor's Position Number: 01681 Class Code: 4823 Class Title: Environmental Manager County Name Collier County Code Shift Code 11 0 Budget Entity: 3715 13. List Class Code(s), Class Title(s), and Position Number(s) of subordinate position(s): None 14. Work Hours: (A) Daily from 8:00a. m. to5:00p.m (B) Total hours in work week: 4..~0 Explain variations in work week: Flextime XXX Rotatin[ Shil~.s Extended Period Asymmetric Week Other 15. Special Requirement(s): Drivers' License XXX CDL Drivers' License __ SCUBA Certification __ Medical Monitoring XXX On-call __ Residency__ Other (explain) NOTE: Completion of this section for all DEP position descriptions is mandatory. All "YES" answers require that the incmnbent be furnished with a copy of the applicable rule(s). 16. XXX Yes __ No Incumbent has Regulatory responsibilities and is subject tothe provisions of Chapter 60K-15, Florida Administrative Code. 17. __ Yes XXX No Incumbent has Vendor Invoice/Warrant Processing responsibility in accordance with Section 215.422, Florida Statutes: a. Timely and accurate processing ofvendor invoice and warrants for payment of good received or services rendered to avoid automatic interest penalty payments. b; Adhering to the provisions and requirement of Section 215.422, F. S., and related Department of Environmental Protection invoice processing and warrant distribution procedures. AGENCY PERSONNEL USE ONLY $EP 1 g zooo EXECUTIVE SUMMARY AUTHORIZE THE TRANSPORTATION ADMINISTRATOR TO PROCEED WITH THE DESIGN AND CONSTRUCTION OF LIVINGSTON ROAD AS A CONTROLLED ACCESS SIX-LANE FACILITY FROM RADIO ROAD TO LEE COUNTY LINE, AND BEGIN PROCESSING THE APPROPRIATE CHANGE ORDERS & AMENDMENTS. PROJECTS, 60061, 60071, 62071, 65041. OBJECTIVE: To gain Board approval to proceed directly with a six-lane cross section for Livingston Road from Radio Road to Lee County Line rather than four-lane initially and then six-lane in the future. In order to achieve this goal, a series of change orders and amendments will be presented to the Board for approval in the coming weeks. CONSIDERATION:. There are four (4) separate phases to Livingston Road project and their current status is as follows: Phase I) Radio Road to Golden Gate Parkway. Approximately 1.6 miles. Under construction, scheduled to be completed by March of 2001. Construction is about 40% completed. Phase II) Golden Gate Parkway to the Community School Entrance (north of Pine Ridge Road). Approximately 2.7 miles. At 90% design stage. Design scheduled to be completed by October 2000. Construction to start by April 2001. Phase III) The Community School Entrance (north of Pine Ridge Road) to Immokalee Road. Approximately 3.9 miles. At 90% design stage. Design scheduled to be completed by October 2000. Construction to start by September 2001. Phase MSTU) Immokalee Road to Lee County Line. Approximately 3.2 miles. Two lanes almost constructed. Four-laning design just started. Four-lane design to be completed by June 2001. Construction of four lanes to start by October 2001. All phases were being constructed as four-lane divided roadways. Within the next five to ten years, the County would have to design the six-lane section, update the permits, advertise for bids, and go to construction while approximately 40,000 vehicles per day are traveling north and south on this corridor. Six-laning at the outset on a new alignment means that businesses and motorists will not be impacted by the future construction. Adding about four months to the design and construction process and approximately $5,000,000 to our current budget, we will be able to six-lane Livingston Road from Radio Road to Lee County Line. Waiting to add the final two lanes in the future would cost approximately $10,000,000. As such, the County will save $5,000,000 by building Livingston Road as a six-lane roadway now versus building four lanes and adding two lanes later. ' '. A(3ENDA ITEM No.._ o SEP 1 2 2000 Pg. Executive Summary Livingston Road Page 2 Further, six-laning at the outset significantly enhances Collier's prospects of receiving a 35% match from the Florida Department of Transportation (FDOT) from the new County Incentive Grant Program (CIGP) based upon relief of traffic congestion to Interstate 75 and US 41 (See Fiscal Impact Section). Lastly, the time required to modify the plans and construct the six-lane section would maintain opening of the facility for the seasonal traffic as originally intended. The economical benefits of pursuing this option are complemented by the social benefits and the overall circulation and traffic pattern improvements. The public will not have to endure construction zones and maintenance of traffic again in five to ten years, and the enhanced traffic flow throughout the network will be enjoyed for a longer period of time. Traffic patterns, capacity, and volumes will be significantly improved by six-laning Livingston Road. Computer model runs indicate that Airport Road, 'Goodlette-Frank Road, US 41, and 1-75 will all benefit from this project. By six-laning Livingston Road now, the percentage of captured trips from 1-75 jumps in some cases up to 13% (versus a four-lane corridor). This projected relief has enabled us to apply for a grant which, when approved, will qualify us for 35% matching assistance from the Florida Department of Transportation. This money is more than enough to cover all the additional costs associated with six-laning of Livingston Road. Thus far, the FDOT has indicated their intent to provide a 35% match to the construction of Phases II and III under the County Incentive Grant Program application presented based on the six-laning of Livingston Road. Specifically, $3,640,000 in Fiscal Year 2001 and $5,915,000 in Fiscal Year 2002 for a total of $9,555,000 should be realized in state grant matching funds. As previously noted, proceeding with the six-laning at the outset would save approximately $5,000,000 over four-laning now and proceeding in a few years with the needed six-laning even if the state matching grants do not get allocated for the project. Additionally, the cost of inconvenience encountered with construction from four to six-lanes under traffic conditions will be avoided and the system-wide benefits of the additional capacity will be realized for a longer period of time. Lastly, the ability to control access and, thus, the operational efficiency of the facility could be enhanced by build-out of the ultimate cross-section and its designation as a controlled access facility the day it opens to traffic. FISCAL IMPACT: The estimated cost for design and construction for fiscal year 2001 is an additional $3,000,000 for this project. Funding will come from Gas Taxes and Impact Fees. A budget amendment will need to be processed during FY 01 to add the funding to the proje6t. AGENDA ITEM No.~> ~.~ ~ SEP 12 20011 Executive Summary Livingston Road Page 3 GROWTH MANAGEMENT IMPACT: These Capital Improvements Projects are consistent with planned amendments to the Transportation Element of the Growth Management Plan. By six-laning Livingston Road, the concurrency problems on 1-75, and the need to enter into a Variance Agreement, and as the one Lee County is currently undertaking, are effectively eliminated. RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Administrator to proceed with six laning Livingston Road from Radio Road to Lee County Line. Approve all necessary budget amendments needed dur±ng f±scal year 2001. Mitch Riley, P.E., Senior Project Manager TE&CM Department DATE: ¢'& k(- ~ REVIEWED BY: ;C /~/Y2' Edward K ant ,~/.q~':/~-i~r~tct o r TransportatiL~a?15~ rations Department APPROVED BY: NS anr~h Fe.der, T.rans. portation Administrator Sc/6-1aningLR Tr~hsportation Division DATE: ~'"~ - 6-')~ EXECUTIVE SUMMARY BOARD AUTHORIZATION TO IMPLEMENT A RADIO TECHNOLOGY WATER METER READING PROGRAM IN FISCAL YEAR 2001 OBJECTIVE: To improve the efficiency, accuracy, reliability and safety of the County's water meter reading operations. Staff is seeking Board direction and authorization to initiate a process of converting manual read water meters to radio read technology. CONSIDERATIONS: Over the past two years, staff has developed a pilot program to evaluate the advantages of reading water meters with radio technology. Radio technology virtually eliminates reading errors, significantly increases efficiency and reduces risks inherent with manual read meter operations (dog, insect and snake bites; foot traffic on congested roadways; hazardous weather conditions; etc.). The pilot program has approximately 500 radio read wate~ meters installed in the Pine Ridge Industrial Park. This industrial park route required 5-6 hours of a meter reader's time to read the meters manually. With "drive by technology" or radio technology, the read time has been reduced to less than 30 minutes. Using current manual read technology, a meter reader with an annual cost of $36,200 (salad~, benefits and truck) can read 350 meters a day at a cost of 43 cents per meter read. Using radio read technology, the same meter reader can realistically read 6,500 water meters a day at a cost of 2.3 cents per meter read. As stated earlier, radio technology virtually eliminates reading errors and the risk associated with manually reading water meters is reduced significantly. Customer service will be enhanced by increased accuracy and efficiency. Staff has reviewed and evaluated several implementation options. These options include current replacement/retrofitting of all existing meters; postponing implementation to a future date; and a new construction phase-in approach. Recognizing the cost to replace/retrofit meters is prohibitive at this time and realizing that less than one-half of the build-out number of meters are currently installed, staff is recommending a new construction phase-in plan where all new meters are required to be radio read tec'nnology. Staff also recommends replacing and retrofitting a limited number of existing water meters annually to maximize efficiency and safety. Under this implementation plan, the majority of the capital cost in any year will be absorbed by new development. Recommended implementation plan for FY 2001: require all new meters installed after 10/01/00 to be radio technology (builder cost) replace approximately 500 meters in FY 2001 (county cost) retrofit approximately 200 meters in FY 2001 (county cost) make annual recommendations to the Board concerning replacements and retrofits (county cost) The radio read technology program and implementation plan has been reviewed and approved by both the utility standards subcommittee and the Development Services Advisory Committee. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FISCAL IMPACT: The radio read meter program is not presently included in the FY 2001 tentative budget. However, funds can be made available in the FY 2001 budget of the County Water/Sewer Operating fund. Reserves would be reduced and the distribution cost center parts inventory budget will be increased. The following table provides a cost overview for FY 2001: FY 2001 new meters Replacement meters Retrofit meters Proposed Budget Currently Budgeted Proposed Budgetary Increase 2,500 meters @ $200 each 500 meters ~ $200 each 200 meters ~ $140 each $ 500,000 100,000 28,000 628,000 (165,000) $463,000 Of the total $628;000 proposed budget for FY 2001, $500,000 would be reimbursed by the builder/owner(s) of new construction th'Bugh an increase in meter installation fees. The current fees range froin $260 for a 'A" meier to $600 for a 2" meter; under this program the anticipated fees will range from $410 to $750. RECOMMENDATION: Recommend authorization to revise the budget for water meters in the FY 2001 budget by $463,000 and provide direction to amend Ordinance 97-48 for the increase in installation fees. The increase will be reflected in the FY 2001 budget to be presented to the Board for adoption in September. b-x '(') ~' :, .~kxi -2',r~ ~-~, "- Date: Prepared y. ~,-~-,:-,, '.,~. v-,~ x>-,,~ % JO~ X} Vo~o~ Dire~9 ml ng e -ce panment Reviewedbu~ x ," // ~ Date: ~ Edward N. K~, ~cting Ad~' ' rator Public Utilities Division Approved by: Date: Thomas W. Olliff, County Manager EXECUTIVE SUMMARY A REPORT TO THE BOARD ON THE POTABLE WATER SUB-ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OBJECTIVE: To provide the Board with a comprehensive update on the Potable Water Sub- Element of the Public Facilities Element in the Collier County Growth Management Plan. In particular, the intent of this report is to identify the major goals and policy objectives of the Sub- Element, and to analyze the continued appropriateness of these goals and objectives, and the measures thereof. Where the Sub-Element prescribes specific action on the part of the Count37 or sets forth minimum Level of Service (LOS) standards, this report provides a status update and staff recommendations with respect to outstanding policies, objectives or LOS concerns. CONSIDERATIONS: The Potable Water Sub-Element of the Collier County Growth Management Plan was last amended on October 28, 1997. A. Potable Water Sub Element Progress Report: An 8 Million Gallon per Day (MGD) expansion to the North County Water Treatment Plant was completed in 1999, utilizing the Lower Hawthorne Aquifer, a brackish water supply, and Reverse Osmosis water treatment technology. An 8' MGD expansion to the South County Water Treatment Plant is currently in design, with expected completion in 2003. This expansion will also utilize the Hawthorne Aquifer and reverse osmosis technology. The first potable water Aquifer Storage and Recovery (ASR) well was placed into operation early this year, and operational data will be utilized to determine if expansion in this wellfield is feasible. Extension of water service to areas of development within the urban boundaries is continuing, as is rehabilitation of existing service areas that have been determined to be deficient. An interim partial update to the Water Master Plan is nearing completion, and a complete update is planned for 2001 in order to establish if LOS standards need to be revised and to adequately plan for growth within the urban boundary. Requirements for xeriscape landscaping, rain sensor devices in irrigation systems, and low-flow plumbing fixtures have been included in revisions to the Collier County Land Development Code. Conservation education has been expanded to include direct mailings, school programs, and community group presentations. B. Potable Water Sub Element Goals, Objectives and Policies: The major goals and policy objectives of this element are provided as Attachment A to this Executive Summary. Staff has identified and included updates and recommended policy and language changes. Substantive changes include: removing the LOS Standards from the text of the Sub-Element and including them as Appendix I, and changes in the references to the use of reclaimed water to reflect changes in the adopted Sanitary Sewer Sub-element of the Collier County Growth Management Plan. FISCAL IMPACT: Growth related water capital projects are currently egtimated to be $80.7 million over the next 10 years. These projects will be funded through impact fees. Growth related increases in operating costs are funded through customer-based growth. GROWTH MANAGEMENT IMPACT: This report generates no Growth Management Impact. RECOMMENDATION: Staff recommends that the Board of County commissioners consider the discussion and recommended changes contained herein and in the attached goals, Objectives and policies of the Potable Water Sub-Element of the Collier County Growth Management Plan as proposed. PREPARED BY: '~"~?~:'" 1~'~'"'~"~--~ Paul Mattausch, Water Department Director REVIEWED BY: Date: Robert J. Mulhere, AICP, Director Planning Services Department APPROVED BY: L_ ?,/ .?,// / Date: Edward N. Fin~, l~ublic Utilities Interim Administrator Attachment A GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND AND COST EFFECTIVE AND !.~PLE.~E.NT~°-LE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1' -r~,c r, .... + ..... ;" !Locate and develop potable water supply sources to meet the needs of the County owned and operated systems for the five (5) and ten (10) year planning time frames of this Plan. cc!d These new supply sources meetm~ will meet the minimum Level of Service (LOS) Standards established by this Plan. Policy 1.1.1: .... ~'+~' ~'~' """* Evaluate the feasibility of expansion of the ASR ~, I,,r,~, "100Q ~'"""1"'"'"-' (Aquifer Storage and Recovery-) sys-tem-S-tu~ Wellfield as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to im,pleme,~ employ the Groundwater Protection t~Program for the protection of existing and potential potable water supply sources. Policy 1.1.3: Identify sufficient quantities of public br:ckich water supply to meet the County's estimated 10-year growth related needs OBJECTIVE 1.2: Thc r, .... + ..... "~ !Implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct any existing deficiencies in their respective service areas as may be required to meet or exceed the Lc':c! cf Sc.":icc LOS Standards established in this Plan. !r. cddlt!cn, Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvements_ Element and Water Master Plan Update to ......+ "";"+;"" '~"*"";~'"";"" '~"'~ ............... ~ .....provide for future growth Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, limit the provision of central potable water service by the County ic !!re!ted to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.2.3: "'"*"~'""~' =rid ~"'~ ....;*~' ?'" "' ....*" a "*"* ....* "'~ t~'~;' "'"'; .....,~ ,.c,.,;c~. ~vr~-~;~ r~l-~n~ ~4/~r r~-~r~,~;r ~'~1~ t~ ;r ~,~ilif;~'~ ~ ~'~*~rr~ ~v;~;r~ Monitor private sector potable water service providers through the County Utility Regulation Ordinance 96-6, which requires all investor-owned utilities to file an annual report with the Collier County Water and Wastewater Authority. At a minimum the annual report shall include information on financial posture, treatment capacities, number of customers by class, mission statement and policies and procedures. Additionally, through the development approval process the County will ensure that all development, whether County or private, complies with the Collier County Land Development Code. Policy 1,2.4: When connection to an existing central system is not readily accessible to render service, Rp_ermit development of potable water supply systems or individual potable water supply wells within the County e~y on an interim basis. wheR scr:icc =rid r__Require connection to the County Regional System when available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Or,,,4;,-,,-,t~,,-,#N OO ~! Policy 1.2.6: Where Community Development Districts~ or other similar special districts, are ~ wholly or partially within the Collier County Water-Sewer DistricL ware4: ~shall be connected to the regional system~ :r.d All the~ internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Utilities Standards and Procedures Ordinance 97-17 D .... ,a ..... ~.-~; ...... ,.a,-,..,+,~,.a ~,.,,-,+,,..~ ~,,.,.. ..................... , ----~, ..... ~- .......... , .............. , as amended, and District construction and operating policies. OBJECTIVE 1.3 I:~, +t~ +;r~,-. ~/.~+~1 ,F,'-,r +~ ~+;~ ~ I~ ~,~l~m~n+ r~,,l~+;~ ~,,r~,,~ ~ ~+~r ~ ~0~0 ~ ~ ;n~l,,~;~ ~, ~~+~ +~r~+~ ;~l~nT ..... a .....to eEnsure that at the time a development order is issued, potable water facili~ capacity that meets or exceeds the minimum Level cf Sen:~cc LOS Standards estcbl~shcd hcreb is available or will be available to sere the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.3.1- The following Level ef Ser:!cc LOS Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY/SERVICE AREA LEVEL OF SERVICE STANDARD COLLIER COUNTY FACILITIES County Water and Sewer District Goodland Water District 185 gpcd 299 gpcd 163 gpcd CITY OF .N.~.PLES c^r-. ,T,== C%ICDt~-I ArtCq I~ITV C:A/~11 ITIC~ MUNICIPAL, INDEPENDENT DISTRICTS & PRIVATE SECTOR SYSTEMS LEVEL OF SERVICE STANDARDS The minimum level of service standards hereby adopted for municipal, other dependent, independent district and private sector districts shall be the sewage flow design standards as specified in Chapter 64E, Florida Administrative Code unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. (See Appendix 1) Policy 1.3.2: In order to ensure that these Lc':ol of $or:!co LOS Standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and f~ the type of development proposed. Policy 1.3.3: These Lo':ol cf Scr':ico LOS Standards are the minimum criteria for replacement, expansion or increase in the capacity of potable water supply facilities. No existing private sector o.r package treatment system will be permitted to add customers unless all LOS Standards are met and operations are in conformance with all Florida Department of Environmental Protection (FDEP) permits. Policy 1.3.4: ^ ..... ".' ~:Review historical potable water demand records biyearly and adjust these t .... ' os ~"';"'~ LOS Standards if so indicated b, OBJECTIVE 1.4 -r~.,. r, ...., .....;" "'""*; ....*" pPromote conservation of potable water supplies by d ....~.-,-,; ....,~ ;~"-~ ....*;-"- throuqh an integrated and comprehensive conservation strategy, ,.,~';ch '";" ;'~""+;~' ..... ;~; ......... +; ........ ;+ .... ~" Policy 1.4.1: Negotiate agreements with area golf courses to accept and reuse bulk reclaimed water +'""*""~ ..... + ..... ,,.. ,.m .... + for irrigation when and where-same it is available from existing and future ..... * ..... *'-- *-'-'-*'-"--'-+ '-'~'-'-*-' water reclamation facilities. Reclaimed water shall be delivered to privately supplied and owned storage and/or repumping facilities through a master metered open outfall point of delivery. All internal irrigation systems shall remain in private ownership. Policy 1.4.2: c,~,,~+; .... tc ...... + ~'";"*; .... '~ ~:' '+ .... Utilize reclaimed water when and where it is available for publicly owned lands suitable for irrigation wi-th--t-ma~d wcc. te';;cter o,m,,'.:ont such as government building grounds, parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Reclaimed water shall be supplied to the storage and/or repumping facilities through a master metered open outfall or low pressure point of delivery. All internal irrigation systems shall be owned by the respective public entity,. Policy 1.4.3: c.~,,.,; .... , ....... , ~v;~,+; .... '~ ~"* .... Utilize reclaimed water when and where it is available .for privately owned lands suitable for irrigation with trotted ,,,~.+ ..... ,~. ~m .... , reclaimed water, such as cemeteries, nurseries and commercial/industrial parks when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Reclaimed water shall be delivered to privately supplied and owned storage and/or repumpin~ facilities through a master metered open outfall or low pressure point of delivery. All internal irrigation systems shall remain in private ownership. Policy 1.4.4: "'~""* ..... "'*; ....... *;"', Ensure the use of xeriscape techniques (drought resistant landscaping) through the development review process to minimize potable water use for landscaping irrigation. Policy 1.4.5: c~,, , .......~ ~e~ dcvc!cp Continue to conduct a public water conservation program f-~ aimed at reducing potable water use. Policy 1.4.6: ~+~k, .....+ ....~ +.~+~ .....+ .....+~. ~, ....+~ ; .........k~;,.;~;~ when tho Utilize reclaimed water irri.qation for residential areas of subdivisions, including Community Development Districts or other similar special districts, suitable for irrigation when and where it is available provided that said utilization does not create adverse drinkinq water quality impacts, is economically feasible and is in accordance with the direction and policy of the Board of County Commissioners. Reclaimed water shall be delivered to privately supplied and owned storage and/or repumping facilities through a master metered open outfall or low pressure point of deliveryl All internal irrigation systems shall remain in private ownership. OBJECTIVE ! ,5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process. ~-" ;'-"'-~ ....+;,... +h,-. ,F,-~ I I,..,s,,; n,.,. r~,.-, 1;,-,;,-.~ r. Policy 1.5.1: Discourage urban sprawl by permitting cent.ral potable water systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment .... ~pprcv=l process to ~ ensure maximum utilization of the existing and planned Collier County Regional Potable Water Supply System ""~";" facilities. kl~'~ ~v;~;--~ r~ri~'~t~'~ ~-,-~r ~r ~kl~ ~.,~'~r Appendix I MUNICIPAL~ INDEPENDENT DISTRICTS & PRIVATE SECTOR SYSTEMS LEVEL OF SERVICE STANDARDS The minimum level of service standards hereby adopted for municipal, other dependent, independent district and private sector districts shall be the sewage flow design standards as specified in Chapter 64E, Florida Administrative Code unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. GALLONS TYPE OF ESTABLISHMENT PER DAY {GPD} COMMERCIAL Airports a. per passenger b. add per employee Barber and Beauty Shops (per chair) Bowling alleys (toilet wastes only per lane) Country Club a. per resident member b. per'member present c. per employee Dentistand Doctors Offices a. per practitioner b. per employee per 8 hour shifts Factories, exclusive of industrial wastes (gallons per person per shift) a. No showers provided b. showers provided Flea Market open 3 days or less days per week a. Per non-food service vendor space b. add per food service establishment using single service articles only per 100 square feet of floor space c. per limited food service establishment d. for flea markets open more than 3 days per week, estimated flows shall be doubled Food Operations a. Restaurant operating 16 hours or less per day per seat b. Restaurant operating more than 16 hours per day per seat c. Restaurant using single service articles only and Operating less than 16 hours per day d. Restaurant using single service articles only and Operating more than 16 hours per day e. Bar and Cocktail Lounge (per person) add per pool table or video game f. Drive-in Restaurant (per.car space) g Carry Out only, including caterers i. per 100 square feet of floor space ii. add per employee h. Institutions (per meal) i. ' Fooa outlets excluding deli's, baker or meat Department per 100 square feet of floor space i. Add for deli per 100 square feet ofdeli floor space ii. Add for bakery per 100 square feet- of bakery floor space iii. Add for meat department per 100 square feet of meat department floor space 4 15 75 50 100 25 15 250 15 15 25 15 50 25 4O 60 2O 35 20 15 50 5O 15 5 10 40 40 75 iii. Add per water closet Hotels and Motels a. Regular (per room) b. Resort Hotels, Camps, Cottages (per person) c. Add for establishments with self service laundry Facilities (per machine) Office Building a. per employee per 8 hour shift b. per 100 square feet of floor space, whichever is greater Service Stations (per water closet and per urinal) a. Open 16 hours per day or less b. Open more than 16 hours per day Shopping Centers without food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball parks (per seat) Stores per Bathroom Swimming and Bathing Facilities, public (per person) Theaters and Auditoriums per seat Veterinary Clinic a. Per practitioner b. add per employee per 8 hour shift c. add per kennel, stall or cage Warehouse a. add per employee per 8 hour shift b. add per loading bay c. self storage, per unit (up to 200 units) add 1 gallon for each 2 units or fractions thereof, for over 200 units and shall be in addition to employees, offices or living quarters flow rates. 2O0 100 20o 750 15 15 250 325 O.l 4 200 10 4 250 15 20 15 100 TYPE OF ESTABLISHMENT GALLONS PER DAY (GPD) INSTITUTIONAL Churches per seat which includes kitchen Wastewater flows unless meals prepared on a routine. basis If meals served on regular basis add per meal prepared Hospitals (per bed) (does not include kitchen wastewater flows) Per bed which does not include kitchen wastewater flows Add per meal prepared Parks, public picnic a. with toilets only (per person) b. with bathhouse, showers and toilets (per person) Public Institutions other than Schools & Hospitals (per person) Which does not include kitchen wastewater flows Add per meal prepared Schools (per student( a. day-type b. Add for showers c. add for cafeteria d. add for day school workers e. boarding-type Work/Construction Camps Semi-permanent (per worker) 3 5 200 4 10 lOO 5 10 4 4 15 75 5o RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) I bedroom and 750 square feet or less of building area 2 bedrooms with 751-1200 sq. fl. of building area 3 bedrooms and 1201-2250 square feet heated or cooled area 4 or more bedrooms 2251-3300 sq. it. of building area for each additional bedroom or each additional 750 square feet of building area or fraction thereof in awe!ling unit, system sizing shall be increased by 100 gallons per dwelling unit. Other (per occupant) 100 200 300 400 50 COMMUNITY FOUNDATION OF COLLIER COUNTY GRANT APPLICATION FORM Section I: Applicant Information 1. Name of organization: Collier County Emergency Management Department 2. Address, City, State and Zip: 3301 East Tamiami Trail, Turner Building Naples, Florida 34112 3. Contact person (s): Kenneth F. Pineau, Director or James J. von Rinteln, Coordinator 4. Phone, Fax and Email: (941) 774-8444 (phone) (941) 775-5008 (fax) emer gmma~_,naples.net 5. Your organization's federal tax-exempt nnmber: 21-07-019995-53C 6. Total amount of grant request from the Commnnity Foundation: $10,350. 7. Total Project Cost: $23,400. 8. Cost Per Participant: Immokalee Fr/endship House (in kind) $ 950. American Red Cross (in kind) $ 1,350. Collier County Office of Emergency Management $10,750. (budgeted manpower, transportation, overhead costs) Collier County Community Foundation $10,350 9. Date of Request: September 13, 2000 10. Project Start and End Date (if applicable): Project will commence upon award of funding and will be completed by July, 2001. SECTION II: Write a brief summary of proposal, which must include: · What is applicant proposing to do? · Why - what evidence establishes existence of need? · Where will the project take place? · When will the project take place? · Who will participate The Collier County Office of Emergency Management receives many calls and inquiries daily asking for emergency preparedness information and response to questions specific to Collier County residents. We also receive special requests from bilingual members of the community, ask'rag that we prepare and respond to meeting the information needs of those who are not capable of utilizing the English language. For example, this year a special one page flyer was qnickly assembled for the Haitian/Creole speaking members of Collier County to provide hurricane preparedness information. More than 1,000 copies of these very elementary emergency information sheets were distributed through churches, neighborhoods, and social clubs. The Collier County Office of Emergency Management proposes to directly address the needs of disadvantaged and at-risk individuals by printing and distributing informational brochures relating specifically to potential emergency situations in English language and other languages indigenous to persons from South and Central America and Islands of the Caribbean. In the tradition of the palriot Thomas Paine, pamphleteering is a truly effective means of providing necessary information. These brochures will show in print, cartoon, and/or sketches many ordinary common sense steps which persons can take to protect life and property during unexpected emergency situations such as hurricane, wildfire, tornado, flooding, and similar disaster situations. This county wide project will begin in Collier County prior to the Fall/Winter dry season when wildfires will very likely again become an issue and continue through the end of hurricane season, 2001, the end of October. Immokalce Friendship House and the American Red Cross, two organizations which are mu~h involved in providing information to help prepare for emergency, and which are both ready and equipped to deal with the consequences of an emergency, will assist and cooperate with the Collier County Office of Emergency Management in assuring equitable and efficient distribution of the items which are the subject of this request. The Office of Emergency Management contribution to this project is in-kind and based on the office's ability to obtain low-cost printing and utilize its extensive outreach network with collaborating agencies, both public and private, to ensure maxxmum distribution and population targeting efficiency. This project would be under the rubric of Community Development and/or education. The proposal could best be described as a special project to disseminate potentially life-saying information to economically and socially disadvantaged persons, and the mitigation of severity of damage to the community. These documents which are proposed to be printed would be distributed through the many seminars, presentations, trade fairs and shows in which the office is involved. Churches, commercial establishments, and social clubs contact us each year to receive this type of material. All relational organizations regardless of race, creed, color, sexual orientation, or other beliefs have equal access and consideration for receipt of these items. Items currently planned for printing and distribution include: I Preparasyon pou SiMon, a Haitian/Creole language one page guide to emergency options. 1,000 copies, (b&w)' $24 II "Hurricanes NEVER happen here! (...or do they?)", a bi-fold brochure on hurricane incidence rates and guide on how to personally scope out weather conditions 1,000 English (color) * 1,000 Spanish (color) $900 III "Checklist for Disaster Preparedness for Pets", to assist pet owners in providing for their animals during emergency situations 1,000 English (b&w) $ 24 1V Que ' Debe Hacer Cuando Un Huracan Amenaza A Su Comunidad?, a four panel color brochure, also printed in English, with instructions on what one should do when faced with the possibility of a hurricane in a community. 4,000 English (color) 2,000 Spanish (color) $2,500 V "Storm Debris Cleanup", a locally produced bi-fold on scatter prevention & cleanup of solid waste *2,000 Spanish (b&w) 2,000 English (b&w) $212 VI Seguridad De La Tempestad de truenos, a single fold guide for proper steps to take in the face of an oncoming storm 2,000 Spanish (b&w) $54 VII "CollierEMAlert" a single half sheet flyer encouraging use of the Emergency Management Web Site 2,000 English (color) $900 VIII property "Brushfires", a bi-fold guide to requisite actions to prevent harm to persons & (color paper) *2,000 Spanish (b&w) 2,000 English (b&w) $192 IX '~NOAA Weather Radio in Collier County", describing how to obtain maximum benefit from a weather radio - single sheet flyer. 2,000 English (color) $900 X "Emergency Preparedness on Line" - a four color invitation to reference emergency management information on-line to increase effectiveness of the interface between office personnel and the general public 2,000 English (color) $900 "Prepare to Survive - Caring for your animals in a Hurricane Emergency" 2,000 English (color) 'I,000 Spanish (color) $1,350 XII "Hurricane! - Action Guidelines for Country Property" * 1,000 Spanish (color) 1,000 English (color) $900 xIII "Collier Emergency Response Volunteers (CERV)" 1,000 English (b&w) (Includes $100 production cost for enhancement) $144 * = cost of translation from English to Spanish ~ $100/brochure x 5 =$500 cost spread across all brochures for additional layout services$850_ total cost of proposal request from community foundation $10350 (Copies of these proposed brochures are appendices to this proposal) It is further proposed that the name and logo of the Community Foundation of Collier County be imprinted on all the suggested brochures to enable the people of the county to appreciate the public service nature of the Foundation. Such appropriate language/logo as desired by the Foundation will be supplied by them, production modification cost borne by the grant. It is assured by the Collier County Emergency Management Office that cost of brochure folding, distribution, mailing, and other means of dispersal throughout the community will be a contribution in kind by the office. Methods to ensure the maximum use of these valuable printed materials have been refined during the past several years, with much attention to effective distribution and careful husbandry of resources. SECTION III: Organization Information a) Mission Statement and brief history. The mission of the Collier County Emergency Management Office is to alert, inform and insure the public safety and the emergency preparedness needs of Collier County's residents and visitors. The Collier County Emergency Management Office grew out of what was formerly the County's Civil Defense entity. The 1986 Emergency Planning and Community Right-To-Know Act further established a county's responsibilities for emergency preparedness planning and response. As a result of Hurricane Andrew in 1992 and the shortfalls experienced in Dade County to respond and recover from that disaster, Public Law 103-337 was signed into law. This legislation teenacts the Civil Defense Act and all authorities into the "Stafford Act". The Stafford Act greatly enhanced the requirements and responsibilities for emergency preparedness at the local level. Currently, the Collier County Emergency Management Office has a full-time Director, 2 full- time Coordinators, a full-time Technician/Secretary and a part-time Volunteer Coordinator. Last year the office conducted or was a participant in more than 150 informational seminars, distributed more than 100,000 informational brochures and had 70,000+ hits on its web page. b) Please list the organization's programs and population(s) served. For all the persons in Collier County: · Maintain the Emergency Operations Center, w/back-up · Manage the Persons with Special Needs (PSN) program · Administer the Collier Emergency Response Volunteers program (CERV) · Administer requirements of the National Flood Insurance Program Manage the Extremely Hazardous Material Program · Manage the emergency telephone information center · Provide for hurricane sheltering in Collier County · Coordinate special requirements for pets and farm animals · Provide disaster preparedness information to all residents and visitors · Maintain supplies and equipment for contingency operations · Provide an emergency preparedness web site for the community · Provide contingency planning for nuclear incidents at Turkey Point power facility Year 2000 population estimates for Collier County: Full-time 230,000 7,200 (Black) 38,000 (Hispanic) Peak Season 323,000 *Provided by the Collier County Comprehensive Planning Section 63,000 (65+) COLLIER COUNTY GOVERNMENT - ORGANIZATION CHART ELECTORSI Property Apptalscr Abe Skinner I I I BosrdofCoun~' Support Services Michael A. McNee$ Corem,airy I Public Der. & Env. Services Vince Cauteto Leo Ocbs, Beth Walsh Transportation Administrator EMERGENCY SERVICES Emergency I Services I Administration I Emergency Medical Services Helicopter Operations Ochopee Fire Control District Division of Forestry Emergency Management Collier County Fire Control District Isle of Capri Control District F-1 SEP 12 2000 Issue Date ~0/26/97 This Certifies That Florida Department of Revenue Consumer's Certificate of ExemptionI Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 10/26/2002 2t-07-0t9995-53¢ This Cectificale is DR-14 Non-transferable "R. 03/97 Type of Organization COUNTY GOVE RNI,1EN T BOARO OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E NAPLES FL 33962-4961 Is Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. L.H. Fuchs Executive Director SECTION IV: Information on the program/project request 1. How did you determine that there was a need for your program? The program is legislatively mandated. 2. Identify specific audience to be served and the number of people directly impacted by the program: Nominally, there are approximately 322,000+ persons who benefit directly and/or indirectly from this program, includ'mg seasonal residents. 3. What additional agencies offer similar services and why is your project different? There arc no other programs in the county which are as comprehensive as the Emergency Management Office, but there arc important collateral efforts by organizations such as: the American Red Cross, the Salvation Army, lramokalce Friendship House, and non-public entities which cooperate each year in our efforts to alert and educate. Examples of these organizations would include all media outlets (print, radio and television), private clubs, civic organizations and several businesses which collaborate in providing venues for exposure and contribute to publication of broad categorically inclusive information items. Qualifications and names of key staff responsible for this project, including the use of volunteers. Kenneth F. Pineau, CEM, FPEM Gary S. Arnold, CEM, FPEM James J. yon Rintcin, MA, FPEM (CEM -- Certified Emergency Manager; FPEM = Florida Professional Emergency Manager) COMMUNITY FOUNDATION OF COLLIER COUNTY GRANT GUIDELINES FALL CYCLE 2000 SECTION VII: APPENDICES Please include the following appendices as they apply to your organization: 1. 1RS (501) ( c ) (3) determination letter- one copy only N/A Copy of most recent audit (please include an explanation of any major surpluses) - one copy only See attached 3. Organization or school's operations budget - use attached budget forms (2 pages, 8&9) See attached 4. List of Board of Directors See attached 5. Organizational chart including staff and volunteers See attached Please include at least two support letters fi'om agencies who are working in collaboration on this proposal or from those who will directly benefit from your project. See attached Application must include Two Signatures: 1) from Executive Director or Teacher 2) from Board Chairman or Principal AUTHORIZING SIGNATURES: Timothy J. Constantine Chair, of the Board of County Commissioners Collier County Man~er OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms (1 expiring on April 13, 2001 and 1 expiring on April 13, 2003 on the Environmental Advisory Council. CONSIDERATIONS: This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DR/), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Alfred F. Gal, Jr. Atty; degree Energy & Env Studies Ian M. Daly Publishing; physics; high energy physics 1 Yes None 3 Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial Council - no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members to fulfill the remainder of vacant terms, and direct the County Attorney to prepare a resolution confarming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners SEPTEMBER 12, 2000 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Vincent A. Caute~,~...~, Administrator Community Develo~rhent and Environmental Services August 14, 2000 Environmental Advisory Council The EAC does not normally make recommendations on appointments since part of their function is to serve as a quasi-judicial board. I have categorized the applicants in their areas of expertise. Alfred F. Gal, Jr, Attorney; experience with environmental issues and a master's degree in Energy and Environmental Studies lan M. Daly Previously employed in the hospitality and publishing industries; minored in physics in college and conducted a three-and-one-half year research internship in high energy physics Please contact me if you have any questions. Community Development and Environmental Services Office of the Administrator Environmental Advisory Council Sa/~e Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term J. Richard Smith 380 Frangipani Avenue Naples, FL 34117 DistrY: 5 Category: Technical - Law; Political Science 455-5020 08/09/99 04/13/02 Alexandra Santoro 210 Riverwood Road Naples, FL 34114 District: 5 Category: Biologist . t~ 3655 Amberly Circle A10~ Naples, FL 34112 District: 1 Category: Technical - Engineer 403-1858 04/11/00 793-7878 774-4412 04/13/99 04/13/04 04/13/01 Milton Keen Cornell 686 Lismore Lane Naples, FL 34108 District: 2 Category: Technical - Engineer 592-7254 04/13/99 04/13/03 Ed Carlson 348-9143 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology & wildlife ecol John P. DiNunzio ~a,~:~ ' ~,o 1276 29th Street, S.W. '~ 455-9438 Naples, FL 34117 District: 5 Category: Non-Technical 08~9~9 08/09/99 04/13/03 0~13~3 3 Years 4 Years 2 Years 4 Years 4 Years 4 Years Page Environmental Advisory Council Nattie Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ttt!~_rpDate2nd Term Michael G. Coe 4552 Eagle Key Circle Naples, FL 34112 District: 1 Category: Non-Technical 262-1818 08/03/99 04/13/01 2 Years 732-O625 Jack Baxter 980 Cape Marco Drive Marco Island, FL 34145 District: 1 Category: Pollution Control 642-8225 01/25/00 04/13/02 2 Years Thomas W. Sansbury 840 River Point Drive #840 Naples, FL 34102 District: 4 Category: Non-Technical - Mgmt. 403-6800 04/13/99 04/13/00 1 Year 417-2053 04/11/00 04/11/04 4 Years This 9 member committee was created on 01/27/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Cdtical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. FL STA T: Staff: Vince Cautero, Community Development Administrator. 403-2385 Page 2 o/2 MEMORANDUM DATE: June 26, 2000 TO: FROM: Vinell Hills, Elections Office~.~. Sue Filson, Administrative Assistant'///", Board of County Commissioners ~ar~J of Coun~:.~ Commissione~,~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, FL 34145 Ian M. Daly 2048 41't Terrace, S.W. Naples, FL 34115 bql.3Ii,~i~ Thank you for your help. MEMORANDUM DATE: TO: FROM: June 26, 2000 Vince Cautero, Administrator Community Development and Enviror~rhf.enjt91 Sue Filson, Administrative Assist~'~-~" Board of County Commissioners .N-/_J ' Environmental Advisory Council Services As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, FL 34145 Ian M. Daly 2048 41s' Terrace, S.W. Naples, FL 34115 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097: Thank you for your anention to this matter. SF Attachments By First Class Mail June 22, 2000 Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, Florida 34145 H (941) 389-0479 W (941) 262-8000 ECE._ VEr? Dear Ms. Filson: I would like to apply for one of the positions available on the Collier County Board of Commissioners advisory councils. I am !n_~erested in wo.r_~ng__on one~o__f the following councils: Collier County Planning Commission;~n_v~r~ni~fii~if ',~l:~sory Councili'Idistoric/Archaeological Preservation Board; Rural Fringe Area Xs'-~-~-s'~'-ent vers~-"'O'-~t~e; and, Rural Lands Oversight Committee. I am applying for this position because I have the skills and background needed to advise the Collier County Board of Commission on matters dealing with natural resources and land use issues in this County. I look forward to speaking~ith the Commissioners on this matter. Please call my home or office to schedule an interview. Very Truly Yours, Alfred F. Gal, Jr. Enclosure Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, Florida 34145 (941) 389-0479 Florida Bar Number: 0146791 EDUCATION Northeastern University School of Law, Boston, MA J.D., May 1998 Research Assistant: Revised curriculum and reading materials for Toxic Torts. (Fall 1997) Activities: Pace University Environmental Moot Court Competition (February 1997) President, Environmental Law Forum (1995,96) Boston University, Boston, MA M.A. in Energy and Environmental Studies, January 1993 Boston University, Boston, MA B.A. in Archaeology, May 1989 LEGAL EXPERIENCE Bond, Schoeneck & King, P.A., Naples, FL October 1999 - Present Artorkney: Perform all responsibilities connected with the practice of general civil litigation. Research legal issues. Draft motions and argue same in court. Depose witnesses. Appear and argue at arbitration hearings and trials. James Karl & Associates, Marco Island, FL September 1998 - October 1999 Attorney: Reooearch legal issues. Draft motions and argue same in court. Depose witnesses. Attend pretrial conferences and mediations. Review and draft contract and lease agreements. Areas of practice include commercial litigation and criminal law. Thornton, Early & Naumes, Boston, MA December 1997 - February 1998 Law Clerk: Assisted attorneys litigating mass torts and employment discrimination actions. Researched and prepared legal memoranda on procedural and evidentiary issues arising in complex litigation. Drafted complaints and motions in limine. Tobacco Products Liability Project, Boston, MA June - August 1997 Intern: Reviewed and analyzed the proposed settlement between the tobacco industry and state Attorneys General. Wrote articles about the settlement for a tobacco control publication. Researched and drafted legal memoranda on issues concerning municipal regulation of tobacco products. Kopelman and Paige, P.C., Boston, MA December 1996 - April 1997 Law Clerk: Assisted attorneys in all aspects of municipal law. Researched and prepared legal memoranda on environmental, zoning, and contract issues. Prepared real estate licenses. Drafted motions, interrogatories and requests for production of documents. Researched procedural and evidentiary issues. Alfred F. Gal, Jr. Page 2 United States District Court, District of New Hampshire, Concord, NHMay - August Honorable James R. Muirhead Judicial Intern: Researched and drafted Orders and legal memoranda on various matters, including prisoner civil rights complaints, habeas corpus claims, and social security administrative decisions. Observed trials, pre-trial motions, and settlement conferences. PROFESSIONAL EXPERIENCE Labat Anderson, Incorporated, Boston, MA November 1993 - August 1995 Technical Information Specialist: Managed the Wetlands Research Library for the Environmental Protection Agency, New England Region. Researched wetlands case law between 1988 and 1995. Conducted factual investigations for wetlands permit application reviews. Boston City Council, Boston, MA October 1991 - May 1992 Intern: Advised the City Council on environmental issues concerning Boston Harbor. Wrote policy statements regarding the Massachusetts Water Resources Authority's wastewater outfall tunnel and its possible effects on Massachusetts Bay. ADDITIONAL EXPERIENCE Office of Public Archaeology, Boston, MA (I 989-1991) Archaeologist UBLICATIONS "The Road From Here: Potential Governmental Review of the Proposed Settlement", Tobacco Control Update-Settlement Supplement, Summer/Fall 1997, pp.27-30. "Civil Liability Provisions of Settlement Raise Constitutional Issues", Tobacco Control Update- Settlement Supplement, Summer/Fall 1997, pp.58-60. "Taxpayers May be Asked to Subsidize the Settlement", Tobacco Control Update-Settlement Supplement, Summer/Fall 1997, pp.68-69. SPEAKING ENGAGEMENTS Presented speech at the 1995 New England Environmental Conference on wetlands legislation and property rights bills in the 104th Congress. References available upon request AC-i~.NE)A n'EM -- JUN--l~--00 11: 16 AM SENATOR ~URT SAUND£RS 941~382779 P. 81 FAX TRANSMISSION Total Pages: ,,..~ COM3,~NTS: JUIW-l~--OO ill :16 AM SEI~ATOR BURT SAUKIDERS .l~e 6, 2000 2048 41' Ten'ace Napl=s. Florida 341 Mr.. $u~ l~ilsoa 330I Tamierd Trail Fast Nsple~, Florida 34112 D~tr Mrs. Filmon: writing ~his l~et to u,k tl~t you ~id~ me f~ ~amtnt ~ ~e ~o~ Co~cfi. ~m i, ~ i~e I hold in v~ ~ ~pon, It i~ ap~]~]7 :h~e~S o~ ~, w~ch i~ ~c~Uo~ bo~ ~ tim pm~o d~el~m~ ~ in i~ ; l'rew ~ ia ~l~is a.,~a red, after reitlnga~ became i~volved at loc~l par~ aa a volunteer. ! h~ve eRfoyed watcldag ColLier colalt~ evol.~c iuto whal it is today. It is all cxcitia~ opponuni~ to help ~l~pe ira future. Vcry Truly yu,~s, jUN-13-08 11:17 AM SENATOR ]~URT SAUNDERS IA~ M. DALY {/92 - ~'9~ Acrlvrrlzs, Colefs!~urlo~: PRESERVATION BO~ OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 1, 2002, on the Historical/Archaeological Preservation Board. CONSIDERATIONS: This 7 member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. Mr. Thomas W. Franchino became a candidate for County Judge and resigned his position representing Real Estate/Land Development on June 7, 2000. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Mark C. Benson Law 2 Yes None Charles D. Dugan, Jr. FL Anthropological Society, SW 2 Yes None FL Archaeological Society, land development COMMITTEE RECOMMENDATION: Charles D. Dugan, Jr. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of the vacancy, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 12, 2000 SEP 12 Memorandum TO: FROM: DATE: SUBJECT: Sue Filson, Administrative Assistant Board of County Commissioners Robert J. Mulhere, AICP Planning Services Director July 27, 2000 Historic Preservation Board Vacancy Please be advised that the Collier County Historic and .4a-chaeological Preservation Board has discussed the request for consideration relative to the vacancy on the above referenced advisory committee. The Preservation Board has received resumes from Mr. Mark C. Benson and Mr. Charles D. Dugan. The vacancy is for the "Real Estate/Land Development" category on this board. It should be noted that Mr. Dugan's areas of expertise includes his membership in the Florida Anthropological Society and the Southwest Florida Archaeological Society where he serves on the Board of Directors. He has also been involved with an archaeological excavation of pre-historic Indian sites on Marco Island and is familiar with land development in Collier County. Conversely, Mr. Benson has a law degree with no experience in historic preservation. His background is better suited for the law category that is currently occupied. Based on the Preservation Board's review of the applicant's resumes, they have recommended the appointment of Charles D. Dugan, Jr. to fill the Real Estate/Land Development category. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB/RYM/rb Vincent A. Cautero Ron Nino Ray Bellows Community Development & Environmental Services Division Planning Services MEMORANDUM DATE: TO: FROM: June 28, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assis · Board of County Commissioners U. - Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISTORICAL/ARCHAEOLOGICAL PRES BD COMMISSION DISTRICT Mark C. Benson 56 Banyan Road Naples, FL 34108 Charles D. Dugan, Jr. 640 Via Mezner #601 Naples, FL 34108 Thank you for your help. AOi~IDA NO.. Historical/Archaeological Preservation Board Wori~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF~cpDate 2nd Term Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 District: 2 Category: Citizen-At-Large 649-0088 09/01/92 10/01/95 3 Years 4~4-8696 01/26/99 10/01/01 3 Years Joanne Marro Quinn 1084 Sixth Street, South Naples, FL 34102 District: 4 Category: Citizen-At-Large 03/24/98 10/01/98 7 mo. 261-0468 01/26/99 10/01/01 3 Years Alex Dusek 1635 Windy Pines Drive, #5 Naples, FL 34112 District: 1 Category: History Thomas W. Franchino 660 8th Street, North Naples, FL 34102 District: 4 Category: Real Estate/Land Development 774-2428 ' 09/01/98 10/01/00 2 Years 263-8357 10/15/96 10/01/99 3 Yeats 10/12/99 10/01/02 3 Years Lora Jean Young Box 1823 Marco Island, FL 34146 District: 1 Category: Citizen-At=Large William J. Tyson 732 Hernando Drive Marco Island, FL 34145 District: 1 Category: Landscape Architect 09/27/94 10/01/97 3 Years 642-5925 09/23/97 10/01/00 3 Years 2 Years 394-0800 09/08/98 10/01/00 Wednesday, OetoiJ~r !3, 1999 oi'2 Historical/Archaeological Preservation Board Wori~ Phone Appt'd Exp. Date Term Home Phone DateRe.pt 2ndExpDate 2nd Term John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 District: 2 Category: Archaeology 10/15/96 10/01/99 3 Years 597-2269 10/12/99 10/01/02 3 Years This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC Div. 1.22.10rd. No. 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Membership is composed of 7 membem from the following categories: a. history; b. archaeology; c. Real Estate, land development, or finance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. FL S TA T: ..Vtaff: Bob Muihere, Current Planning Manager:: 403-2400 MEMORANDUM DATE: TO: FROM: June 28, 2000 Robert Mulhere, Planning Servic~~r Sue Filson, Administrative Assis~an~ Board of County Commissioners Historical/Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Mark C. Benson 56 Banyan Road Naples, FL 34108 Charles D. Dugan, Jr. 640 Via Mezner #601 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. _ I~/¥ Facsimile Transmittal Sheet MmhUSA L~ C~ Bm 413O03 Nap~ FL 34101~0~ ~1 59~ 0~01 F~: 941 5~ ~ Date: ,rune 23, 2000 Sue Filson with cever:. 2 Fax: 941 774 3602 MARSH An ~ Company Subjeer: Mdrk C Binson Advisory Boards Per my telephon~ oonvwsation with Dawn $ant~oh. I am into'c~ed in par6dp~ in tha following advi~ry committal: Historloai/Ar~solosicsl Pr~rva6on Board Parks and ~on Advi~xy Board A~a~hed is a r~sumc for your r~vi~w. ffyou have m]y quoKlon~ or require Md/fional information please fuel flee to call me. $S0l Polkan by CS Box 413003 Nipks PL 34101.3003 941 597 0S01 Fsx: 94! $970400 MARSH ! ~1 - Proem 1~9o- 19M IM6- 1990 USA Iu¢, - NapIs Mafkot Practice Lm~ler &dgwkk- Napks Prd 5. James · Naples Aocmmt Ex~N~ttve Cramp Cornpanic, - Napha Trainoe hdum. y 5uoehlidlu B~lor of Sd,moc/~unioatims Plodda Southern College U~versi~ ofF, dtn~S~Ind LIp..~. ofLoud6n ~e P~ 1990 A~l Advisor ofhm, m~ Third (~n~ton Floridion Hsvo Rosidod in N~l~s For 37 Yore3 Flc~!a Pmit ~d V~ble I~~ Cob P~ ~1 ~ Ma~m~nt Sooioty CHARLES D. DUGAN, JR. 640 Via Mezner #601 Naples, FL 34108 June 19,2000 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners, Collier County 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson, As a domiciled resident and registered voter in Collier County it gives me pleasure and is a privilege to be able to apply thru this letter for a seat on the Collier County Historical / Archaeological Preservation Board. I first came to Naples, in 1990 and continued to return until I became a full time resident. This is my only home. I am a retired corporation attorney having been a lawyer for 48 years. I was involved in the practice of law in the Minneapolis, Minnesota area for about 29 years having left the U.S. Air Force as a First Lieutenant at the end of the Korean War. My secondary education was at the University of Nebraska where I earned a B.S. Degree and then at the University of Wisconsin where I earned a L.L.B. graduate degree in Law. My professional experience was in all phases of corporate law and business. At the time of my retirement I was serving as Vice President and General Counsel of a large New York Stock Exchange Co. Presenfiy I am a member of the Florida Anthropological Society and a member of the Southwest Florida Archeological society. I also serve on the Board of Directors of that Society here in Naples. I am also a member of The Calusa Land Trust of Pine Island, Florida and the Jackson Hole, Wyoming Land Trust. As a former member of The Lewis and Clark Trail Heritage Association I have spent many hours researching and studying Lewis and Clark and attended a 10 week seminar on them here in Naples. My historical research has also included studies of the history of Jackson County, North Carolina and several of the historical trails thru Georgia and North Carolina. If I receive an appointment to the Historic / Archaeological Preservation Board I could make a contribution, among other things, based on the following:. 1. American History and archaeology are two of my hobbies and I CHARLES D. DUGAN, JR. 640 Via Mezner #601 Naples, FL 34108 considerable time studying the history of this area of Southwest Florida, for at least six years. I have studied the areas from the Ten Thousand Islands, Marco Island, Naples, Estero Bay, Pine Island Sound, and Charlotte Harbor as far north as Tampa Bay. My library on the area contains many books and articles on the history. My studies go back from 10,000+ years ago thru "The Contact Period" to the present. This all gives me a very good background; .and I have excavated pre-historic Indian sites under the supervision of Dr. Dolph Widmer, Dr. Bob Carr and Mr. John Berriault at Marco Island, near the famous Frank Hamilton Cushing site. I have also done work at the ancient Calusa Indian sites at Pineland, Pine Island, Lee County, Florida; and 3. My professional and business experience should also prove helpful; and 4. I am very enthusiastic about the total history of Collier County and its preservation, but I am not a fanatic. The above is a general sketch of my background. I have tried to keep it brief and if you would like further information or me to come in for an interview, please kindly let me know. I know two present members of the Board and I am sure I could work well with the Board members. I can also furnish references if you so desire them. I hope that you will be able to treat this application for the Board seat favorably, and look forward to hearing from you. Sincerely yours, ITEM OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on August 9, 2004, on the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjustments and Appeals has 2 term expiring on August 9, 2000. This five member board was established by Ord. 83-16 (amended by Ord. No. 91-57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91-102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Collier County Codes: Standard Build'rag Code, Electrical Code, Fire Prevention Code, Gas Code, Mechanical Code and Swimming Pool Code. The membership term is four years. The meetings are held quarterly, or on an as-needed basis. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. This is a Quasi Judicial Board. A list of the current membership is included in the backup. The terms for Daniel J. Buhs (Engineer/Construction) and Kenneth W. 'Rodgers (Assistant Fire Chief) will expire on August 9, 2000. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kenneth W. Rodgers Assistant Fire Chief 3 Yes Bd of B ldg Adj & Appeals reappt. Peter Lehmann withdrew Pedro Perez Architect/Project Manager I Yes none COMMITTEE RECOMMENDATION: Quasi-Judicial Board- No Recommendations FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members to serve 4 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners SEPTEMBER 12, 2000 AO~..NDA ITEM I 2 To: From: Date: Subject: Memorandum Sue Filson, Administrative Assistant Board of County Commissioners Ed Perico, Director Building Review & Permitting July 25, 2000 Board of Adjustments and Appeals Applicant The following applicant is qualified to serve on the Board of Adjustments and Appeals: Kenneth W. Rodgers 2811 50* Terrace, S.W. Naples, FL 34116 If you have any further questions, please call me at 403-2401. EP/tmt Building Review & Permitting Community Development & Environmental Services AGENDA rrEM To: From: Date: Subject: Memorandum Sue Filson, Administrative Assistant Board of County Commissioners Ed Perico, Director Building Review & Permitting July 26, 2000 Board of Adjustments and Appeals Applicant The following applicants are qualified to serve on the Board of Adjustments and Appeals. I have listed their area of expertise under each applicants name. Peter Lehmann Engineer & General Contractor Pedro Perez Architect If you have any further questions, please call me at 403-2401. EP/tmt Building Review & Permitting Community Development & Environmental Services Board of Building Adjustments and Appeals Ntttt~e Wori~ PhoneAppt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term Gary F. Hayes 299 Airport Road North Naples, FL 34104 District: 4 Category: Plumbing Contractor 643-2431 08/05/97 08/09/01 4 Years Daniel J. Buhs 228 Tradewinds Avenue Naples, FL 34108 District: 2 Catego.rv: Engineer/Construction 591-0900 07/23/96 08/09/00 Kenneth W. Rodgers 2811 50th Terrace, S.W. Naples, FL 34116 District: 3 Category: Assistant Fire Chief 597-3222 02/27/96 ' 08/09/96 2/27/96 08/09/00 Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 District: 1 Category: Building Contractor 643-5100 07/28/98 08/09/02 Frederick L. Swetland, 2164 Frederick Street Naples, FL 34112 District: 4 Category: Architect 435-9482 793-0300 08/05/97 08/09/01 4 Years Months 4 Years 4 Years 4 Years Wednest, July 29, 1998 P~ge I of 2 Board of Building Adjustments and Appeals tFori~ Phone Appt'd Exp. Date Term Name ttome Phone Datelte-appt 2ndExpDate 2nd Term This 5 member advisory board was created by Ordinance No. 91-102, as amended to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of 1 state licensed architect or structural engineer, 1 Class "A: general contractor, 1 state cerlJfied fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher, or State Certified Fire Satety Inspector with the rank of Lieutenant or higher;, I licensed electrical contractor, and 1 licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Collier County Codes: Standard Building Code, Electrical Code, Fire Prevention Code, Gas Code Mechanical Code and Swimming Pool Code. Terms are 4 years. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of ElectJons. QUASI JUDICIAL FL $TA T: none Staff: Ed Pedco, Bldg Review & Permitting Director:. 403-2401 July 29, 1998 Page 2 o.f 2 MEMORANDUM DATE: TO: FROM: June 26, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assist~t.,~'~] Board of County Commissioners ~<~,'-- RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below axe registered voters in Collier County. Also, please list the commission district in which each applicant resides. BOARD OF BUILDING ADJ & APPEALS COMMISSION DISTRICT Kenneth W. Rodgers 2811 50t~ Terrace, S.W.: Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: July 25, 2000 TO: FROM: Vinell Hills, Elections Office ~ Sue Filson, Administrative Assis~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BD OF BLDG ADJUSTMENTS & APPEALS Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 COMMISSION DISTRICT Pedro Perez 1636 Rainbow Ct. Marco Island, FL 34145 Thank you for your help. '7 _ MEMORANDUM DATE: TO: FROM: June 26, 2000 E d Perico, Building Review & Perm/~;~r Sue Filson, Administrative Assistant Board of County Commissioners ~.~./ Board of Building Adjustments and Appeals As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. ! have attached the resumes received for your review as follows: Kenneth W. Rodgers 2811 50~ Terrace, S.W. Naples, FL 34116 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments & FIRE PREVENTION BUREAU 1780 Immokalee Road · Naples, Flodda 34110 (941) 597-9227 .. Fax (941) 597-3522 June 13,2000 ECE!VED JUN ! ~ 200(~ Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 East U.S. 41 Naples, FL 34112-4977 Re: Board of Building Adjustments and Appeals Dear Ms. Filson, I received your letter with regards to my term with the advisory committee expiring on August 9, 2000. I would like to submit my name for another term on the Board of Building Adjustments and Appeals. I enjoyed serving on this committee and feel it serves a worthwhile purpose in our community. Enclosed, please find my updated resume. Thank you for your consi~.~io?s/~ Kenneth W. Rodgers, Assistant Chief North Naples Fire Control and Rescue District Kenneth'W. Rodgers 2811 - 50th Terrace S.W. Naples, FL 33999 PERSONAL: DOB: 1/31/47 Height: 6' 0" Health ..... Excellent Weight..210 lbs. Married ....No children EDUCATION: CEDAR CLIFF HIGH SCHOOL, Camp Hill, PA, Graduated 1965 Numerous courses and seminars pertaining to Firefighting/Emergency Rescue, Fire Investigation, Fire Codes and Regulations. EMPLOYMENT HISTORY: November 1995 to March 1996 March 1996 to Present NORTH NAPLES FIRE DEPARTMENT; Acting Assistant Chief Naples, FL Assistant Chief (Salary $66,292) The Assistant Chief is second in command and shall be the Executive Officer of the Fire Department, and see that all policies and orders of the Fire Chief are carried out. He shall assist the Fire Chief with his administrative duties. He handles disciplinary procedures such as verbal and written reprimands and time off without pay. He is one of the purchasing agents for the Fire Department. He inventories all district property and maintains all equipment and vehicles in good working order. He responds to all major fires and emergencies. He reports to the Fire Chief all facts and information pertinant to the efficient operation of the Fire Department. He prepares the operations budget and submits it to theChief. He meets regularly with the Shift Commanders to receive or disseminate infermation and to be available to these officers as an advisor. A C--,[ND ._FFJa NO. ~ 12 2000 pg. /_D August 1986 to November 1995 October 1982 to November 1995 Deputy Chief (Salary: $30,000 - $60,579) Third in command of the fire department and shall have the authority to issue orders, and command services of any subordinate members of the fire department. He reports to the Fire Chief for the management of his assigned command which is the discipline, efficiency, training, and performance of members under his command. He handles disciplinary procedures such as verbal and written reprimands and time off without pay. He can recommend demotions and dismissals to the Fire Chief. When available or called, he responds to all fires and emergencies. Fire Marshal (Salary: $19,500- $26,500) Plans, organizes and directs all activities of the Fire Prevention Bureau. Directs a variety of inspections of commercial buildings, hospitals and other high hazard areas to detect and correct fire hazards. Coordinates research and development efforts in the field of Fire Prevention. Provides Fire Prevention engineering advice to architects, contractors and engineers responsible for the construction or alteration of buildings. Performs plan review on all commercial and multi-family buildings. Supervises the investigation into the cause and origin of fires, and where fatalities or severe injurieshave occurred.' Supervises the development and implementation of special educational and safety programs in the community. Speaks before clubs, societies, schools and other organizations on fire prevention and safety. November 1981 to October 1982 Fire Inspector (Salary: $17,000 - $19,500) Implement and enforce the Fire Prevention Code and related ordinances (Federal, State and local) that protect property and lives from loss by fire. Implements and initiates educational-type programs for citizens within the community to better inform them in fire safety both in the home and on the job. Lends technical assistance to engineers, contractors, architects, builders, in interpretations and compliance with the adopted applicable Fire Prevention Codes. Perform plan review on all commercial and multi-family buildings constructed or altered. December 1980 to November 1981 July 1979 to December 1980 July 1974 to July 1979 CITY OF NAPLES FIRE DEPARTMENT; Naples, FL Fire Inspector (Salary: $13,135 ~ $14,395) Implements and enforces the Fire Prevention Code November 1981 and related ordinances (Federal, State and local) that protect property and lives form loss by fire. Implement and initiate education-type programs for citizens within the community to better inform them in fire safety both in the home and on the job. Lends technical assistance to engineers, contractors, architects, builders,etc. in compliance with the adopted applicable Fire Prevention Codes. Resigned to go to NorthNaples Fire Department. Firefighter (Salary $12,500 - $12,875) Respond to alarms and combat fires involving structures, equipment facilities and brush. Operate portable and stationary firefighting apparatus. Rescue or evacuate occupants; administer first aid; use firefighting equipment and to extinguish fires and protect life and property. CAPITAL CITY AIRPORT FIRE DEPT-New Cumberland, PA Firefighter (Salary: $10,000 - $13,500) Responsible for crash fire rescue and structure firefighting at one of the busiest airports in Pennsylvania. Utilize both light water and dry chemical Crash Trucks. In addition, was solely responsible for inspecting and maintaining all fire extinguishers at the Airport facilities. Supervised the instruction of students participating in the "Crash Fire Rescue Training"; a class at Pennsylvania StateUniversity Fire Department, University Park, PA. Resigned to come to Naples, FL. April 1969' to July 1974 September 1965 to January 1969 LQWER ALLEN TOWNSHIP POLICE FORCE - Camp Hill, PA Police Officer (Salary: $7,900 - $10,500) Responsible for the usual dut es of patrol and investigative work for this township covering a 24 square mile area. Resigned to re-enter fire service. UNITED STATES AIR FORCE-Wurtsmith AFB-Oscoda, MI Joined the Air Force as a Firefighter (crash rescue and structure). During tenure with the military at the same base, was promoted from Firefighter to Driver, Crew Chief, and Assistant Station Captain. Honorable Discharge. ADDITIONAL EXPERIENCE: 1970 to 1979 FAIRVIEW TOWNSHIP FIRE DEPARTMENT (VOLUNTEER) Fairview Township, PA Fire Chief Responsible for the organization, management, and supervision of this volunteer fire company with approximately 70 firefighters, 4 engines, 1 tanker, I utility truck, I squad truck, and 1 ambulance rescue. Administrate an annual budget of $70,000. Cover a 37 square mile area with three fire stations, servicing 14,000 persons within this community Instruct 80% of the weekly fire school classes. (This school is basic and advanced fire fighting techniques for the volunteer firefighters.) Additionally, was successful in writing a Federal Grant to obtain a State loan in the amount of $35,000 for the purchase of a new fire engine. Resigned to corne to Naples, FL. Civil Defense Director - July 23, 1975 Was appointed by the Governor of Pennsylvania as the Civil Defense Director for Fairview Township,York County, PA. As Civil Defense Director, I coordinated evacuation procedures during theThree Mile Island nuclear accident. Portions of Fairview Township lay within the five-mile evacuation zone. Part of my responsibility was to take constant radiation level readings. This took place in March 1979. I resigned in July1979 to come to Naples, FL. Coordinated evacuation and rescue activities during the June 1972 flood. During this ten day operation, there were 383 buildings inundated aswell as a chlorine gas leak. Directed clean-up procedures following the flood. Throughout this operation, no lives were lost or any persons injured. 1969 to 1970 1963 to 196§ Assistant Chief Was elected to this position, serving in the capacity of Assistant Fire Chief until appointed to Fire Chief due to the medical resignation of the current Fire Chief. Firefighter Respond to alarms and combat fires involving structures, equipment, facilities and brush. Operate portable and stationary firefighting apparatus. Rescue or evacuate occupants; administer first aid. PROFESSIONAL AFFILIATIONS: Member - International Association of Fire Chiefs Member NFPA International (National FireProtection Association) Member - Florida Fire Marshal's Association Member - IAAI (International Association of Arson Investigators) Past President - Florida Association of Arson Investigators Past Southwest Director- Florida Association of Arson Investigators Past President - Collier County Fire Marshal's Association Past Treasurer - Collier County Fire Marshal's Association Member- Florida Fire Sprinkler Assoc. Member - North America Fire Marshal Association Member- Southern Building Code Congress International, Inc. Member - Florida Fire Chief's Association Member - Collier County Fire Chief's Association MEMORANDUM DATE: TO: FROM: July 25, 2000 Ed Perico, Building Review & Penrdttin/~ector Sue Filson, Administrative Assistan~]Vf/[ Board of County Commissioners <,d ~ Board of Building Adjustments and Appeals As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Peter Lehrnarm 67 Johnny Cake Drive Naples, FL 34110 Pedro Perez 1636 Rainbow Ct. Marco Island, FL 34145 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~UL--O~--00 MO~ 11:22 AM 941 FACSIMILE TRANSMISSION To: Ms. Sue Firson, Administrative Assistant BOARD OF COUNTY COMMISSIONERS 3301 Tamiami Trail East, Naples, Florida 34'P12 Fax.: (~4t) 774-$602 Re: Application for Board Member Position BOARD OF BUILDING ADJUSTMENTS AND APPEALS From: P. Lehmann, Consultant Fx No.: Date: 71S/00 No. Pgs: 2 (ind. cover),~._=. Pursuant to press release dated Ju~e 30, 2000, I forward here,,~th copy of my current resume as app~cation for the advertised board mombershJp representing the Engineering / Cons~ctio~ seat. For BCC review, please advise the Board of my following quarfficatlons and membersh ps which may, or may not, appear on my resume: (a) Licensed ~n Eng~neenng (Intern~ State of Florida) (b) Licensed Qass "A' General Contractor (State of Florida) (c) $BCCI Certilied Buildi~ Official (d) SBCC1 Certified Building Inspector (e) Member, Southern Bu~di~ CoOe Congress inter~Lional (f) Vice Chair, CoEer County Code Enforcement Board (Form 1 S~atem~t Filed) (g) Member, Collier Cour~f ProductMy Committee (Form I Statemen~ Filed) (h) Knowledgeable in Cotlier County Codes & Ordinances, Standard Building Code, Electrical Code, Fire Prevention Code, Mechanical Code 41 e0 corporate 8quare $aite 127 Naioles, Florida 34104 Tel.: 941.659.1303 F~tx: 941.6.~9.1~04 ¢*mail: L~hmam~.~,oc~aol. com SSP 2 200 JUL--~--00 MO~ 11:25 AM LEHMAN~A$SOC. ~ I~C. 941 6591~84 P. 02 Key Personnel Peter Lehnmnn, President lVlr. Lehmann is licensed in Engineering (Intern), General Contracling, and Building Code Administration. He has extensive knowledge of general conwacting, const~c~ion management, inspection procedures, governing codes and standards, building condition assessments, defect claim analysis, and related engineering principle~. He is proficient in Contract Administration and handles Project Management, Construction Supervision, Construction Inspections and Construction Litigation. Peter has been a supervisor of engineering, inspection, construction and QC activities for $300+ million commercial, industrial, and residential construction in domestic and/nternational markets. He is President of Lehmann & As.sociates, Inc., a consulting firm sp~alizing in residential and commercial corotruction related issues of project oversight and management, construction supervision, project design & development, value engineering analysis, inspection services, constructioa litigation, defect claim analysis, expert witness testimony, and construction training. As production manager for a national homebuilder, he was responsible for manage~nent of corporate operations inclusive of land development, product design & development, sales & marketing, and construction axXivities. Peter was VP Construction / QC for U.S. Home Corp. and Managing Director for commercial and residential construction and qualily assurance activities. Working for an engineering consulting finn, he had projeex management responsibility for a broad range of engineering projects including residential, c~nnmercial, and industrial planning; forensic engineering and inspection services; eonslzucxion litigation; contract administration; procurement; and government liaison. Peter is a Registered Professional Engineer Intern, in the State of Florida, a Certified Building Official with the Council of American Building Officials, and a State Certified General Contractor for the State of Florida. He has b~n a member of the Council of American Building Officials, Collier Building Industry Association, Lee Building Industry Association, Southern Building Code Congress lnt'!, Florida Engincers in Construction, National Society of Professional Engineers, American Society of Civil Engineers, and the Florida Engineering Society. Suite 127 Napl~, Florida 34104 Tel.: 941.659.1303 Fax: 941 Pedro Perez, R.A. NCARB, CSl 1636 Rainbow CT Marco Island, FL 34145 (941) 389-5230 www.perezarchitects~naplesnews~net July 14, 2000 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail Naples, FL 34112 RE: Advisory Committee Vacancy I am strongly interested in applying for the Board of Building Adjustments and Appeals Advisory Committee position. My experience of thLrty-~ years has included work in design and management of complex commercial, industrial and residential projects, Additionally, I have extensive knowledge of the standard builcrmg code and fire protection regulations. Enclosed for your review and conmderation is my resume~ Presently, I have my own architectural consulting and design firm, but I am very interested in serving the Collier County community on this committee. Thanks for your time and fuji consideration_ Yours very truly, PP/pp Enclosure A: \Cornmitre2. wpd PEDRO PEREZ, ~ NCARB, 1636 Rainbow Court Memo Island, Florida 3414~-5127 www.perezamhltects~naplesnews.net (941) 389.,,8230 SUMMARY Experienced Architect and Project Manager w/th years in the field of desi. g~ cortstmcti~.t and management of commem-iel. industrial and residential prc~ects. Skited in management, project planning, scheduling, estimating, cost control, consultant management, industrial secu'nty, light, and heavy construction, and building systems. Broad experience in administrative and supervisory positions in project management, and Contract administration. F_xp dencod in computer software and AutoCAD. EXPERIENCE PEREZ ARCHITECTS, Marco Island, FL 1998 - Present PRINCIPAL ARCHITECT, Architectural/Consutting Firm · Managed project design~ and institutions! and commercial projects · Responsible for clients' interface, construction coordination of residential, projects control, scheduling, estLm~g and METRO-DADE WATER AND SEWER DEPARTMENT (WASD)~ Miami,~ FL 1996 - 1998 PROJECT MANAGER, Engineering Divis/on * Manage and introduce new ~ for standardization and automation for the Engineering Division documents. · Develop technical. documents for Water and Wastewater projects, including treatment plants, pump stations, and transmission lines. * Coordinate with the engineering disciplines in the selection of materials, equipment and method of construction, based ~ the South Florida Building Code, and the ease of ~ cost effective~_e~ and Client's requirements. BECHTEL SAVANNAH RIVER+ INC., Aikea, $C PROJECT MANAGER/ASSISTANT TO THE MANA~FR OF PROCESS [MPROVEMENT~ ~ Department, DOE-Savannah River Site 07/00 Managed all engineering and architectural activities for the Facility Team for the Commercial Services Department, Savannah River DOE complex. Supervised 20 engineers and architects pe~orming $30 million of the site ~ and facilities' building. I~0.~ Page 1 of 3 BECHTEL SAVANNAH R~VER~ INC., A0~r~ SC ~989 - 1994 PROJECT MANAGER AND PROJECT ENGINEElL Engineering and Project Division, Savannah PJver Site * Managed an $8,5 million vzater and r~e prote~ improvement major acquisition project for DOE Savannah River complex, Site Wide Fire Protection UPgrades Program. * Provided oversight of subcontracted architectural/engineering design for Fire Protection Upgrades Program. * Ac, complished ~ atle. ad of ~--~f~hligl-i~d ~ for a total coS[ savirtgs of $5 million_ BECHTEL CQPJ~QRATIQN, Gaithemburg+ MD 1971-1989 PROJECT MANAGER./PROJECT ENGINEER Managed multiple new and renovation project for commercial, industrial and federal government clients. Managed project design, and. construction cx~~an of small and large engineering pro jeers. incJuding I~wer generating facilities, coremuniSons and compute~ facllifie~ DIVISION CHIEF ARCHITECT !978-1989 * Managed all arc~ecturaJ tasks for Bechtel Corporate Po~er Division. * Managed all arctlitectural tasks for Bechtel commercJ~ Department, F~ern * Supervised all activities of the architectural discipline, including heating- ventilating, air condifionk~, plumbing, fire protection, safeguard and security, and architectural and special c~atin~ * Provided tect~rfi~ expertise to senior management on ~ related to cxffice Division. * Prepared response to proposals for Business Development Representative. Presented qualification to requesters. * Prepared contracts for consulting and other spec. Jalfies professional services. * Supervised 25 architects and angineers lent to tha Building Code and Zoning Revie~ Office of Fairfax County, VA. * Championed_ the development of arch'~tectural sta~derd speciftcations and CADD design detail program for the Corl~rati~L* Evaluated Building Codes, Construction Star~ Energy Standards, and OSHA Regulations for implementation to discipline standards and design documents. 07/00 Resume Pa~¢ 2 of 3 ARCHITECTURAL SUPERVISOR 1971 - 1978 Supervised architectural design and contract documents for large nuclear and fossil electrical power plants, including adminJstr~on buildings, laborat. odes, and warehouses. CLAS, RJGG~ OWENS AN!3 RAMOS, ARCHITECTS, Silver Spring. MB ASSOCIATE ARCHITECT - ARCHITECTURAL FIRM IN WASHINGTON, D.C., METROPOLITAN AREA 1961-1971 Employed as an ~ cLraff~, promoted to Associate Architect in 1968: involved in all facets of building planning, from schematic and design development through ~o~L,'~g drawings and ~on supe~i~ion_ M~jnr acc. omplishments included large office buitclings, hotels, sch(x)L~, public and i~,'ivate parking structures, and warehouses. PROFESSIONAL UCENSES AND AFFILIATIONS RegJsterect Arctdtect ~1 Florida Registered Architect in Virginia Certified, National Council of Architectural Registration Boards (NCARB) Member, Construction Specification Irtstitute (CS!) Member~ TAU BETA PI Alumni Association Former member of the National Fire Protection Association Former member of the American IndustdaJ Security AssocJafion EDUCATION Master of Architecture in Urban Design+ Catholic Univers'[ty of America, Washington, D.C. Bachetar of Arc.,hite~u~ Howard University, Washingten, Q.C_ GUM LAUDE, GPA 3.4/4.0 Knowledgeable of computer software including: spreadsheet, AutoCAD and word processing Experience in South F[odda Building Code Associate Professor at Montgomery College, Md., in BuQdirLq Materials and Equipment, Co_rttmct Decuments and ArcttttectumJ Design. 1973 1967 PERSONAL Fluer~ in Spanish 07/00 Kesume Page3 of 3 APPO~ OF MEMBER(S) TO THE LAKE TRAFFORD ~STORATION TASK FORCE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May 7, 2001, representing The Conservancy. CONSIDERATIONS: This 14 member ad hoc committee (names of volunteers to serve on the committee by Fred N. Thomas, Jr.) was established by Resolution No. 96-225 for a period of 1 year or less to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 97-250 extended the terms for 1 year to May 7, 1998; Resolution No. 98-118 extended the terms for 1 year to May 7, 1999; Resolution No. 99-239 extended the terms for 1 year to May 7, 2000; Resolution No. 2000-127 extended the terms for 1 year to May 7, 2001. A list of the current membership is included in the backup. On May 2, 2000, Michael Simonik resigned his position on the Lake Trafford Task Force. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Nicole Ryan Environmental Policy Specialist [ 1 [ Yes I None COMMITTEE RECOMMENDATION: Nicole Ryan, Environmental Policy Specialist A memorandum dated August 1, 2000 was received from staff advising that during their meeting in May, 2000, the task force met and unanimously recommended that Nicole Ryan, Environmental Policy Specialist for The Conservancy be appointed to fulfill the remainder of Michael Simonik's term. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and, if appointed, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners SEPTEMBER 12, 2000 AGENDA Memorandum To: Date: Subject: 'Sue Filson, Administrative Assistant Board of County Commissioners From: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., Director Pollution Control & Prevention Department ,~----,~~ August 1, 2000 Lake Trafford Task Force (LTTF) Thank you for your letter dated July 25, 2000 requesting the recommendation for appointment for the above referenced Ad Hoc Committee. The Lake Trafford Restoration Task Force advisory committee has recommended Nicole Ryan for the appointment for the Lake Trafford Task Force at their May 2000 meeting. Nicole has been active in the Lake Trafford Restoration Task Force meetings for over two years. She has been the designated chairman for the first and second annual Lake Trafford Barbecue fundraisers. Nicole has spoken before the Collier County Beach Renourishment Committee and Collier County Legislative Delegation concerning funding for Lake Trafford. My review of Nicole Ryan's application showed that she would be a great asset to the Lake Trafford Task Force with her expertise in Environmental Science, Environmental Policy, Interagency Coordination, and Public Relations. If additional information is needed, please contact me at Ext. 2504. cl~/NiJmaz Attachment Nicole Ryan, Environmental Policy Specialist The Conservancy Clarence N. Teara, Jr., Director Big Cypress Basin Board File: Lake Trafford Task Force Pollution Control & Prevention Department of Community Development & Environmental Services Lake Trafford Restoration Ad Hoc Task Force Eric Flaig 2688 State Road 29 North Tmmokalee, FL 34142 District: Category: Ed Carlson 375 Sanctuary Road Naples, FL 34120 District: Category: Gene Heam 6515 Pepper Road Immokalee, FL 34142 District: Category: John M. Iglehart 2295 Victoria Avenue Ft. Myers, FL 33901 District: Category: Barbara B. Berry 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Frank Morello 8335 N. Lake Boulevard West Palm Beach, FL 33412 District: Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term 658-3400 05/20/97 05/07/98 5/02/00 05/07/01 857-9472 05/07/96 05/07/97 5/02/00 05/07/01 657-6517 05/07/96 05/07/97 05/02/00 · 05/07/01 1 Year 1 Year 1 Year 1 Year 332-6975 05/07/96 05/07/97 1 Year 05/02/00 05/07/01 1 Year 774-8097 05/20/97 05~07/98 05/02~00 05/07/01 625-5122 05/07/96 05/07/97 05/02/00 05/07/01 1 Year 1 Year 1 Year 1 Year Frid~, June 09, 2000 P~ge 1 o~'3 · -' ! Ill II1 AC.,EI~ Lake Trafford Restoration Ad Hoc Task Force St/J~t~ Edward Olesky 6001 Lake Trafford Road lmmokalee, FL 34142 District: Category: Clarence Tears 6167 Janes Lane Naples, FL 34109 District: Category~ Pain Brown P.O. Box 5155 Immokalee, FL 34142 District: Category: Miles "Rocky" Scofield 3584-B Exchange Avenue Naples, FL 34104 District: Category: ~ Michael Simonik 1450 Merrihue Drive Naples, FL 34102 District: Category: Jackie Smith 3111 -B 13 Fortune Way Wellington, FL 33414 Distri~: Category: Wori~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term 657-2401 06/20/97 05/07/98 1 Year 05/02/00 05/07/01 1 Year 597-1505 05/20/97 05/07/98 1 Year 05/02/00 05/07/01 1 Year 657-1752 05/05/98 05/07/99 05/02/00 05/07/01 643-1900 05/07/96 05/07/97 05/02/00 05/07/01 262-0304 05/07/96 05/07/97 05/02/00 05/07/01 791-4720 05/07/96 05/07/97 05/02/00 05/07/01 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year Friday, June 09, 2000 Page 2 of 3 Lake Trafford Restoration Ad Hoc Task Force N~ Fred N. Thomas, Jr. c/o 1800 Farm Worker Way Immokalee, FL 34142 Category: Worit Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 657-3649 05/07/96 05/07/97 1 Year 05/01/00 05/07/01 1 Year This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissionera to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 97-250 - extending terms for 1 year to May 7, 1998; Resolution No. 98-118 - extending terms for 1 year to May 7, 1999; Resolution No. 99-239 - extending terms for 1 year to May 7, 2000 FL STA T: Staff: Dr. George Yilmaz, Pollution Control & Prevention: 732-2502 Friday, June 09, 2000 Poge $ o]'$ MEMORANDUM DATE: TO: FROM: July 25, 2000 Vinell Hills, Elections Office~ Sue Filson, Administrati.ve.Assistantt/,~ ~ l Board of County Comrmss~oners -,--,- Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAKE TRAFFORD RESTORATION TASK FORCE Nicole Ryan 5501 Rattlesnake Hammock Road, #112 Naples, FL 34113 COMMISSION DISTRICT Thank you for your help. AC~dql)A ITEIVl NO. ~ ~ ' 9 'i £ (~Lii. MEMORANDUM DATE: TO: FROM: July 25, 2000 Dr. George Yilmaz Pollution Control Directortan~ Sue Filson, Administrative Assis Board of County Commissioners Lake Trafford Restoration Task Force As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Nicole Ryan 5501 Rattlesnake Hammock Road, #112 Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments A~O~ND, A JTEM ~ NO. ~ June 28, 2000 Ms. Sue Filson Collier County Board of County Commissioners Collier County Government Center 3301 Tamiami Trail E Naples FL 34112 THE CONSERVANCY Of Southwest Florida 1450 Merrihue Drive · Naples. Florida 34102 1.~0,.0304 · Fax 94i.2~,2,0672 ~xv. conserv ancx' org RECEIVED 2000 Board of Count~ Commissioners Dear Ms. Filson, I am asking that the Collier County Board of County Commissioners consider my application for appointment to the Lake Trafford Restoration Task Force. I believe that I am qualified for placement on this task force. I have attended and actively participated in the Lake Trafford Restoration Task Force meetings for over 2 years. I have been Chairman of the task force's first annual and second annual Lake Trafford BBQ fundraisers. I am the coordinator of The Conservancy's Friends of Lake Trafford. In addition, I have spoken before the Collier County Legislative Delegation and the Collier County Beach Renourishment Committee concerning funding for Lake Trafford restoration. Finally, the Lake Trafford Restoration Task Force voted unanimously at their May 2000 meeting to recommend my appointment to the task force. I am a registered voter and member of the Republican Party in Collier County. I reside in District 1. My address is 5501 Rattlesnake Hammock Road #112, Naples FL 34113. If you have any questions, please contact me at 403-4220. Sincerely, Nicole Ryan '~ Environmental Policy Specialist Leading the challenge to jorotect and su~stain Southwest Florida's natural environment. NICOLE RYAN 5501 Rattlesnake Hammock Road,//112 · (941) 793-4416 Naples, FL 34112 QUALIFICATIONS: · Highly dedicated, self-motivated professional with a strong commitment to the environment. · Demonstrates ability to work cooperatively with individuals of diverse backgrounds. · Hands-on experience in developing and leading community efforts on conservation issues. · Excellent leadership, written/oral communication skills, and organizational abilities. EDUCATION: Master of Arts in Environmental Studies, University oflllinois at Springfield' Specialization: Environmental Planning, GPA 3.98 Bachelor of Arts in Geography and Psychology, Carroll College, Waukesha, Wisconsin Specialization: Physical Geography and General Psychology, GPA 3.74 PROFESSIONAL EXPERIENCE: 10/97 - Present POLICY SPECIALIST, The Conservancy of SW Florida, Naples, Florida · Reports to and is supervised by the Director of Environmental Policy Division. · Responsible for organizing and overseeing community Grass Roots Advocacy initiatives. · The Conservancy Representative on the Board of Keep Collier Beautiful. · Committed to the conservation ofbiodiversity, environmental quality and natural resources. · Provides networking between Conservancy, community and government sources. · Acts as Conservancy Representative for designation of Highway 41 as a Scenic Highway. 2/97 - 10/97 POLICY ANALYST, Illinois Environmental Protection Agency, Springfield, Illinois · Assisted in implementation of the Emissions Reduction Market System (ERMS). · Created and presented an educational training seminar for ERMS participants. · Hired full time with an eight-month contract upon graduation of graduate school. Summer, 1995 INTERNSHIP, Office of the Governor, Department of Transportation, Springfield, Illinois · Assisted in archaeological surveys for Division of Highways. · Worked extensively with United States Geological Survey Topographic Sheets, Wetlands Sheets and aerial photographs. COLLEGE HONORS: Graduated Magna Cum Laude in Top 5% of Class Delta Sigma Nu, Carroll College's Academic Honor Society Gamma Theta Upsilon, Carroll College Department of Geography's Honor Society Who's Who In American Universities and Colleges COMPUTER SKILLS: Windows 95 · Microsoft Word, Access and Excel · WordPerfect 6.1 · Geographic Information Systems (GIS) · Corel Presentations and Draw COMMUNITY ACTIVITIES: Member of the Animal Protective League, 1995 - Present Member of the Jacksonville Art Association, 1989 - Present Volunteer at Lincoln Memorial Gardens, 1996 - 1997 Excellent References Available Upon Request OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 3, 2001, on the Bayshore/Avalon Beautification MSTU Advisory Committee. CONSIDERATIONS: This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. There is currently 1 vacancy due to the resignation of Donna Fiala. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Linda Williams Resident 4 Yes None Jean Carpenter Resident 4 Yes None Susan J. Crum Resident 4 Yes None COMMITTEE RECOMMENDATION: Linda Williams FISCAL I1WPACT: NONE GROV~rH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 12, 2000 AGENDA ITEM / filson_s From: ~"" ~nt: ~ubject: levy_m Tuesday, August 01, 2000 10:17 AM filson s RE: ~'ayshore Sue, Linda W~lliams - Resident Jean Carpenter- Resident Susan Crum - Resident Thanks Mike From: filson s Sent: Monday, July 31,2000 1:04 PM To: levy_m Subject: RE: Bayshore Mike, could you please list all of the applicants and categorize them please. commercial Interests? Thanks, Sue (Are they residents, property owners or ----Original Message---- From.' levy_m Sent: Monday, .luly 31, 2000 11:31 AM To: filson_s Subject: Bayshore Sue, At the Bayshore Beautification MSTU Advisory Committee meeting of July 31, 2000, the committee recommended Linda V~lliams as the fifth member to the committee. Thanks Mike 1 Bayshore/Avalon Beautification }Fork Phone tlome Phone Donna Fiala ('e~ ot~ 4463 Lakewood Bo'ul~;var~ Naples, FL 34112 District: 1 Category: Property Owner 436-5585 Michael Bmet 7768 Jewel Lane, #201 Naples, FL 34109 District: 2 Category: Commercial Interest 261-4455 592-0027 Thomas R. Briscoe 2841 Shoreview Drive Naples, FL 34112 District: 1 Category: Resident 774-7564 Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 District: 4 Category: Residem MSTU Advisory Committee Appt'd Exp. Date Term DateRe-appt 2ndF_.xpD~ 2nd Term 10/13/98 03/03/01 2 Years Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: Resident 03/03/98 03/03/02 4 Years 03/03/98 03/03/01 3 Years 263-0572 08/03/99 03/03/00 8 Months 774-7022 02/22/00 03/03/04 4 Years 774-6325 03/03/98 03/03/00 2 Years 0222/00 03/03/04 4 Years YYednt~lay, Febnt~y 23, 2000 Page 1 of 2 s°-_eNDA IT~ ' ' NO. //~ ~- Bayshore/Avalon Beautification Work Phone Name Home Phone MSTU Advisory Committee Appt'd Exp. Date Term Date. Re-appt 2ndF_.xpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. FL $TAT: 125.01 $t~ff: .E-d-t<~nlt, Transportation Services Director, 774-8494 23, 2000 Pag~ 2 of 2 MEMORANDUM DATE: TO: FROM: June 26, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assistan~t .~, ' ~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE AVALON BEAUT MSTU ADV COMM COMMISSION DISTRICT Linda Williams /' '/'7/ 2613 Gulfview Drive ~ ~ Naples, FL 34112 Jean Carpenter 3412 Lakeview Drive Naples, FL 34112 Susan J. Crmn 2648 Weeks Avenue Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: June 26,2000 Mike Levy, Senior Secretary Transportation Department FROM: Sue Filson, Administrative Assist Board of County Commissioners Bayshore Avalon Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Linda Williams 2613 Gulfview Drive Naples, FL 34112 Jean Carpenter 3412 Lakeview Drive Naples, FL 34112 Susan J. Crum 2648 Weeks Avenue Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 06~2i/2000 00:i2 941263405~ WILL PDYER PAGE 01 June 21, 2000 To: Ms. Sue Filson Collier County Courthouse Naples, FL 34112 Fax No. 774-3602 !~EC E!'~,~ .~-,... From: Linda Williams 2613 Gulfview Drive Naples, FL 34112 Phone No. 417-0978 Dear Ms. Filson: Following is a brief resume for your consideration for my inclusion to the Bayshore/Avalon Beautification Committee. Thank you, 06/21/2888 88:12 9412634859 WILL POYER PAGE 82 LINDA WILLIAMS D.O.B. - March 16, 1956 Place - Odando, Flodda Currently residing at 2613 Gulfview Drive, Naples, FL 34112, which I purchased in July, 1998, and have resided in Naples since June, 1972. Phone No. 417-0978, Cell 272-0631 Registered Residential Real Estate Appraiser, working under William L. Poyer, State Certified General Appraiser, since 1998. Licensed Real Estate Salesperson, working under Ad Miller Realty, since 1994. Licensed US Coast Guard Captain, owner & operator of White Star Charters, since 1997. I would very much like to be considered for the opening on the Bayshore/Avalon Beautification Committee. As a homeowner in the affected area, and with experience in the Real Estate and Appraisal fields, I feel I could be an asset to the committee and to my neighborhood. Thank you for your consideration, Sincerely: June 15, 2000 ECE!VF '? JUN ! [, Sue Filson Collier County Board of Commissioners 3301 E. Tamiami Trail Naplesl FL 34112 RE: Bayshore/Avalon Beautitication Committee Dear Ms. Filson: I would like to apply to serve on the above referenced committee. I live on Lakeview Drive in Gulf Shores, and have a strong interest in the redevelopment and beautification of this area (member of East Naples Civic Assn.). My husband and I have recently remodeled and landscaped our home on Lakeview Drive. I have resided in Naples 8 years, having lived in Pelican Bay, Lely Resort and now the Gulf Shores area. My professional background is in the securities industry having been hired by E.F. Hutton in 1987. I am presently in the real estate business in Naples. If you should desire to talk with me further, please phone me at home at 775-5663. Thank you. Jean Carpenter 3412 Lakeview Drive Naples, FL 34112 Voters Reg. Issued o3/14/2000 June 9, 2000 Collier County Board of Commissioners Attn: Sue Fiison 3301 East Tamiami Trail Naples, FL 34112 {ECEIVED JUN 200 ~?~e~ 0f C0un~ Commts$1o,er.~: RE: Bayshore Avalon Beautification MSTU Committee Opening Dear Ms. Filson: Below, please see my personal resume. I have lived on Weeks Avenue with my husband, son and daughter since building our house in 1992. We enjoy the neighborhood and our neighbors and would love to see the improvements continue as they have been. I have volunteered my time in elementary school with my kids, but now they are both in middle school. I feel I have the time to volunteer for my neighborhood and appreciate your consideration of my resume. Resume Susan J. Crum 2648 Weeks Avenue Naples, FL 34112 (941) 793-1719 PERSONAL: DOB: 4/29/60 Married 14 years, two children 11 & 12 Employed as Office Manager by Everett H. Alsbrook, MD since 1986 Member of the Professional Association of Healthcare Office Managers, Certified Medical Manager since 1994 (Graduated from Hagerstown Business College with AA in Medical Secretarial Science, 1980). COMMUNITY INVOLVEMENT: Treasurer, Medical Management Association of Collier County, Annual Christmas Luncheon Committee Chairperson (organize all aspects of luncheon for 150 people inch, funding, budget, donations, decorations, etc.) Board Member, Collier County Junior Deputies Notary Member of First United Methodist Church, 5t~ & 6th grade Sunday School teacher. Volunteer in Collier County Public Schools ~C~ OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 1, 2003, representing Commission District 1 on the Collier County Planning Commission. CONSIDERATIONS: This 9 member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. John F. Hooley Lora Jean Young Commission District I Commission District 1 I Yes None I 1 Yes Historical/Archaeological Board COMMITTEE RECOMMENDATION: Both applicants are qualified to serve as a member of the CCPC; however, the CCPC voted unanimously against making a recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member to fulfill the remainder of the vacant term and, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 12, 2000 AO~..NDA ITEM NO. ~ Pg. / A~A ITEM P~. ~., Collier County Planning Commission Sn, ttt.~ 1558 Heights Court Marco Island, FL 34145 District: I Category: Commission District }York Phone Appt'd Exp. Date Home Phone DateRe-appt2ndExpDate 02/03/98 10/01/99 643-6058 09/29/99 10/01/03 Russell A. Budd 5960 18th Avenue, S.W. Naples, FL 34116 District: 3 Category: Commission District 2nd Term 1.5 Years 4 Years Sam Saadeh 5995 Tenth Avenue, S.W. Naples, FL 34116 District: 3 Category: Commission District 643-6527 09/21/93 10/01/97 4 Years 455-3070 09/23/97 10/01/01 4 Years 09/19/99 10/01/03 4 Years Kenneth L. Abemathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 District: 4 Category: Commission District 353-6~,~.~, 777-7776 09/29/99 10/01/03 4 Years Russell A. Priddy 13213 C.R. 858 Immokalee,' FL 34143 District: 5 Category: Commission District 263-4295 Gary Wrage 11023 Linnet Lane Naples, FL 34142 District: 5 Category: Commission District 657-6661 09/23/97 10/01/01 4 Years 657-3171 11/05/96 10/01/00 592-6154 4 Years rhurs~y, Sethember 16, 1999 Page 1 of 2 AGENDA ITEM Collier County Planning Commission N~ gFork Phone Appt'd Exp. Date Term ttome Phone DateRe-appt 2ndR~p. Date 2nd Term Michael J. Bmet 209 Egret Avenue Naples, FL 34108 District: 2 Category: Commission District 261-4455 08/15/95 10/01/96 1 Year 592-0027 10/15/96 10/01/00 4 Years Joyceann~ J. Rautio 10261 Windsor Way Naples, FL 34109 District: 2 Category: Commission District 591-1130 09/29/99 10/01/00 1 Year 592-7530 Michael Pedone 5174 Mabry Drive Naples, FL 34112 District: 1 Category: Commission District 774-3343 07/16/96 10/01/97 1 Year 775-1158 09/23/97 10/01/01 4 Years This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On 09/03/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91-102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. Ft. STA T: Staff: Robert Mulhere, Planning Services Director.: 403-2300 Th~trsday, $el~e. mb~ 16, 1999 t'ttge 2 of 2 AGENDA ITEM NO. /OF Pg. Memorandum To.' From: Date: Sue Filson, Administrative Assistant Board of County Commissioners Bob Mulhere, AICP, Planning Services Director August 1, 2000 Subject: Additional Applicat. ions for CCPC Vacancies As an advisory board which makes decisions on quasi-judicial land use petitions, the Collier County Planning Commission voted unanimously against making recommendations for specific applicants to fill vacancies on the Planning Commission. Based on my review of the attached resumes and back up material, all of the candidates appear to be qualified, provided all reside within the appropriate commission district boundaries. Per your request I have attached a spreadsheet summarizing pertinent information for each of the applicants for appointment received. Cc: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division Community Development & Environmental ~'ervices Division Pa. MEMORANDUM DATE: TO: FROM: June 26, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assistant/// Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COLLIER COUNTY PLANNING COMMISSION COMMISSION DISTRICT John F. Hooley 386 Pinehurst Circle Naples, FL 34113 Lora Jean Young 1268 N. Collier Boulevard Marco Island, FL 34145 Thank you for your help. AGENDA ITEM .o. _/to ? MEMORANDUM DATE: TO: June 26, 2000 Robert Mulhere, Planning Services Director FROM: Sue Filson, Administrative Assist , Board of County Commissioners .~._,] Collier County Planning Commission As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John F. Hooley 386 Pinehurst Circle Naples, FL 34113 Lora Jean Young 1268 N. Collier Boulevard Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments A. TRIAL AND BUSINESS LAW IMMIGRATION & NATIONALITY GENERAL PRACTICE F HOOLEY, P. Board Cevti£ied T,.iM A tto~ex June 20, 2000 SUITE 401 4532 TAMIAMI TRAIL EAST NAPLES, FLA. 34112 Ms. Sue Filson, Assistant Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Collier County Planning Commission Dear Ms. Filson: This letter follows up our conversation of Friday, June 16, 2000. I was at the County Commission meeting on Tuesday and Ken Abernathy mentioned that there was a vacancy on the Collier County Planning Commission for which no applications had been received. He suggested that I submit an application, and I spoke with you on the 16th regarding that. I am a registered voter who lives in District 1 at 386 Pinehurst Circle. ! have been a resident of Collier County since 1977 and a resident of District 1 for almost all of that time. I am not serving in any elective office at any level of local, county, state or federal government and have no plans to do so in the immediate future. I am enclosing my r~sum6 for your review and consideration. In the event there is a vacancy on the Planning Commission, it would be my pleasure to serve in that capacity. Sincerely, J~ohn FiHoolei~ JFH/zan Enclosure 'qJlh'~wpwin\M ISC. LTR ~2000~filson I .~pd AGENDA ITEM /toF . TELEPHONE: (941) 775-2908 EMAIL ADDRESS: JFHOOLEY(~AOL.COM 'FAX: (941) 775-1425 John F. Hooley Home Address: 386 Pinehurst Circle Naples, Florida 34113 Business Address: 4532 Tamiami Trail East Suite 401 Naples, Florida 34112 Tel. (941) 775-2908 Fax. (941) 775-1425 Objective Appointment to Collier County Planning Commission Experience 1995-Present John F. Hooley, P.A. Attorney in Private Practice · Board certified civil tdal lawyer. · Board certified commercial litigator. · Experienced in construction litigation. Naples, FL Does not represent any Developers or practice any land use law. 1994-1995 Paulich, Slack & Wolff Civil Trial Lawyer · Handled all personal injury cases forthe firm. · Handled construction litigation. · Handled complex arbitration proceedings. Naples, FL 1986-1994 Vega, Brown, Stanley, Martin & Zelman Naples, FL Partner · Handled complex commercial litigation. · Pdmary emphasis was trying civil cases. · In charge 0ftechnical and computer-related matters forthe firm. 1979-1986 Partner Woodward & Hooley Marco Island, FL Responsible for condominium documents, the creation of condominiums, and condominium litigation regarding both development issues and sales issues. · Liaison with the State Department of Community Affairs and the U.S. Army Corps of Engineers for permits for Hideaway Beach, Development of Regional Impact presentations, Environmental Impact Studies and vested dghts on property located in the area of Manatee Road and CR 951. · Primary commercial tdal lawyer forthe finre. 1977-1979 State Attorney's Office Assistant State Attorney Naples, FL John F. Hooley (Continued) Involvement Education Miscellaneous · East Naples Civic Association (President, Year 2000) · East Naples Civic Association (Board of Directors 1997-1999) · Lely Civic Association (President 1994-1997) · Amedcan Spedalty Contractors Association (Member 1994-1997) · Pelican Bay Kiwanis (Member 1996-President) · President's Council (Member 1994-1997 and 2000) · Economic Development Council (Government Affairs Committee 1990-1994) · University of Flodda J.D. 1977 · New York University B.A. 1974 Married, three children, fluent in spoken and written Spanish. A~A ITEM NO../~ ? Lora Jean Young m d. Marco Island, ~ 34145 Dear Ms. Filson, I should like to submit my application to replace my friend, Karen Urbanik, on her vacated position on the Collier County Planning Board. It is an area of government in which am deeply interested. At present I serve as Chair (for the second time) of our Collier County Board of Historical and Archeologicai Preservation. I could retire whenever necessary. As you may kndw, our Board received the Stewards of Historic Preservation Award 2000 from the Florida Archeological Council at its annual meeting on May 5 at the Edison Estate. My own major project while serving on the Board was to write the successful application to place the ruins of Captain Horr's home on the National Register of I-Iistoric Places. I have lived on Marco Island for seventeen years. In 1998 1 was honored by the American Association of University Women Naples Branch as a Woman of Achievement for my work on the Captain Horr's home. I have been founder and first president of our Marco Island Historical Society,. President of our Marco Island Branch of the American Association of University Women Chaired the successful St. Mark's Flea Market for three years, and have served on numerous boards and many civic activ/ties. ! am a graduate of Wellesley College and have an M.A. degree in history and government, cure iaude, from Fairleigh Dickinson College. After graduation, I worked as Research Director and Editor on municipal government at the Governmental Association in New York, taught history and government in private and public schools, and worked as volunteer in many civic organizations. Namely, I was founder and first president of the Dumont League of Women voters, founding Board member of the Association for the United Nations, President of the Northern New Jersey Wellesley Club, President of the Cape ~ Wellesley Club, President of the (nine) Federated P.T.A.'s of Ridgewood, N.J. ,. and chaired the Northern N.J. Fund-Raising Program for Lincoln Center, among other things. While living On Cape Cod, I was deeted twice as member of the Chatham Planning Board and led its program for a Master Plan for Chatham. I also founded and became Chair of the Cape Cod Bikeway Commission. We set up a splendid bikeway system for the entire county. As you can see, I enjoy working for my community, and I would like to continue my civic endeavors as a member of the Planning Board.. If you need further information, I' c~ n 642-5925. Thank you for your consideration. I~0.fL'7 /-- / Pg. I RECEIVED The Honorable Tim Con~nntine, Chairman Board of County Commissioners 3301 T~ Trail E~ Naples, FL 34112 1558 Height~d Of Count~ COmmissioners Mal~co lsl~d, FL 34145 May 14, 2000 At the end of the Planning Commission meeting on Thursday, April 13 I announced that I would be stepping down from the Collier County Planning Commission in 0rdex to run for the District 1 County Commission Seat. It is my understanding that a county ordinance required me to do so. On April 20, I designated a Treasurer and filed the proper forms with the Supervisor of Elections, Al~r conferring with county attorneys, I was advised to formally advise the Collier County Commission of my candidacs, so that the P!anni~lg Commi.e~qion seal could be declared vacant. Enclosed is a signed copy of the e-mail which I sent the Conunissioners for you to keep on file. Thank you again for allowing me the opportunity to serve the Public on the Collier County Planning Compression. Best regards, Karen Urbanik Subj:Planning Commission Vacancy Date:05/01/2000 6:22:19 AM Paciic Daylight 'lime From:CrystalTrs To: TirnConstantine~colliergov. net Dear Tim: I have become a Candidate for the Collier County Commission District 1 seat. Ac, cording to County Ordinance I must step down as a member of the Collier County Planning Commission when I become a candidate for public office. I have enjoyed the time which I have spent on the Collier County Planning Commission. !t is my sincere hope to put the good planning practices which ! have learned as a member of this Board into practice on the Board of Collier County Com missloners. Thank you for allowing me the opportunity to have served the citizens of Collier County as a Planning Commissioner. Best regards, Karen Urbanik AGENDA ITEM NO. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND FINANCE AD HOC COMMITTEE OBJECTIVE: To appoint 11 voting members and confirm 11 Ex-Officio members to serve on the Collier County Community Health Care Planning and Finance Ad Hoc Committee for a period of 1 year expiring on August 1,2001. CONSIDERATIONS: On August 1, 2000 the Board of County Commissioners adopted Resolution No. 2000-245 establishing the Collier County Community Health Care Planning and Finance Committee to succeed the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding options for recommended solutions. The membership of this committee will include interested area agencies, health care providers, insurance and financial experts, business and community leaders and representatives from the Community Health Care Review Committee. The number of voting members appointed to the committee shall not exceed eleven (11) individuals. The resolution also listed 8 organizations to appoint representatives as Ex-Officio members. The current committee is requesting that Resolution No. 2000- 245 be amended increasing the Ex- Officio members from 8 members to 11 members. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Mike Davis Voting member - recommended 3 Yes DRTF/Select Comm/Health Care Steve Rasnick Voting member - recommended 2 Yes Health Care Tom Schneider Voting member - recommended 2 Yes Health Care J.D. Campbell (Doug) Voting member - recommended 4 Yes Anthony DiNardo Voting member - recommended 2 Yes Carol Girardin Voting member - recommended 2 Yes Joseph Mania Voting member - recommended I Yes Paul Neuharth Voting member - recommended -2 Yes Kathleen Passidomo Voting member - recommended 4 Yes Robert Schmidt Voting member - recommended 3 Yes James Tindall Voting member- recommended I 5 Yes Experience & Skills Richard Akin Ex-Officio - Collier Health Services No Resides in Ft. Myers/Health Care Ron Burris Ex-Officio - Health Planning Council No Resides in Lehigh Acres/Health Care Dr. Joan Colfer Ex-Officio - Collier Cty Health Dept. 4 Yes Health Facilities & Health Care Mary Cooper Ex-Officio - Mental Health Assoc. 2 Yes Health Care Fielding Epstein Ex-Officio - Cleveland Clinic 2 Yes Health Care Stephen Fain Ex-Officio - Collier Cry Public Schools 3 Yes Finance Edward Morton Ex-Offi~:io - NCH Healthcare System 1 Yes Health Care Wendy Wilderman Ex-Officio- FL Dept. of Health Health Care Dr. Tim Davis Ex-Officio - County Dental Assoc. DOH - Wolunteer Coordinator Ex-Officio - County Medical Society Health Care Michael Smykowski Ex-Officio- County Budget Director Public Finance Mickey Gordon Podiatrist- not recommended 3 Yes Matt Levine Retired not recommended 3 Yes Health C,~ Wayne Sakamoto lnvestacorp (FOCUS) - not recommended 3 Yes ACaENOA ITEM Crystal Kinzel Voting member - not recommended 3 Yes Radio RcBeal[~.mation ,/b") ~ Michael Schroeder Wasmet Schroeder- not recommended 4 Yes COMMITTEE RECOMMENDATION: Noted above FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 11 voting members, confirm the 11 Ex-Officio members, direct the County Attorney to amend Resolution 2000-245 to increase the Ex-Officio membership from 8 to 11 members in order to provide additional technical expertise in health care planning and public finance, and prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 12, 2000 RECE|VEU, ~UG [~ 7 R]~3SOLUT~ON NO. 2000- 2 4 5 A ~SOLUTION ESTAB~G ~ COLLAR COUN~ CO~~ ~AL~ CA~ P~NN~G AND ~NANCE CO~I~EE FOR ~ PU~OS~ OF ~COMMEND~G SOLU~ONS TO ~ CO~N~*S ~~ CA~ ~EDS. WHEREAS, the Boerd of County Commissioners adopted Resolution No. 99-257 creating the Collier County Community Health Care Review Committee to review existing health care systems and evaluate and determine current levels of patient access and coverage, and WI~RY~S, the Community Health Care Review Committee will present a final report of its findings and recommendations to the Collier County Commission on or before the end of its term of service on October 8, 2000, and W!~RF..6S, on May 23, 2000, the Collier County Commission voted to create a successor committee to the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding options for recommended solutions, and WItERKAS, the Collier County Commission has agreed to establish a committee of interested area agencies, health care providers, insurance and financial experts, business and community leaders and representatives from the Community Health Care Review Committee to review this subject for a fixed one year period. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONE. Creation of the Ad Hoc Collier County Community Health Care Planning and Finance Committee. Pursuant to the provisions of Collier County Ordinance No. 86-41, as amended, the Board of County Commissioners hereby creates the Collier County Community Health Care Planning and Finance Committee as an ad-hoc advisory committee for a period not to exceed one (1) yea~ from the date of this Resolution. SECTION TWO. Appointment of Members and Failure to Attend Meetings. Members shall be appointed to the Collier County Community Health Care Planning and Finance Committee from among the following categories: Finance and Business Professionals: Certified Public Accountants & Financial Spmialists Commercial & Investment Bankers Health Insurance Actuaries, Underwriters & Brokers Health Care Attorneys & Consultants Managed Care Specialists Appropriate members of the Health Care Review Committee Business Leaders Community Leaders Ex-Officio Members: Naples Community Hospital Cleveland Clinic Collier County Medical Society Collier County Dental Association Mental Health Association Collier County Health Department Department of Health Volunteer Coordinator County Budget Diroctor AC~=NDA ITEM The number of voting members appointed W the Committee shall not exceed eleven (11) individuals. If any member of the Collier County Community Health Care Planning and Finance Committee is absent from two (2) or more consectttive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended. SECTION THR~K. Officers; Quorum; Compensation, The officers of the Collie~ County Community Health Care Planning and Finance Committee shall be elected by the membership of' the Committee and shall include a Chairman and Vice=Chairman. The presence of a majority of' the voting members shall constitute a quorum. The Collier County Community Health Care Planning and Finance Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR. Functions, Powers and Duties of the Collier County Community Health Care Planning and Finance Committee. The functions, powers and duties of the Collier County Community Health Care Planning and Finance Committee shall be to lead a broad based community health care plannln8 proces~ which includes a financial and economic analysis of program recommendationa submitted by the Community Health Care Review Committee, as well as specific program recommendation~ made by its own members. The Committee shall identify the most appropriate solutions to current and future community health care needs, quantify the cost of these solutions and determine the optimum mix of funding mechanisms to finance proposed solutions. When reviewing any funding alternatives that may be a part of any proposed solution, the use of existing health care funding sources, and/or private funding shall be considered before local tax funds of' any sort. The Committee shall make its recommendations in the form of a fina~ report to the Board of County Commissioners. All meetings of the Collier County Community Health Care Planning and Finance Committee shall be open to the public and ~hali be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. This Resolution adopted this I day of ~ 2000 after motion, second and majority vote. ATTEST: DWIGHF E. BROCK, Clerk County Attorney BOARD OF CO~SSIONERS COLLIER( 3UNTY, FLORIDA 2 AGENDA ITEM SEP MEMORANDUM DATE: TO: FROM: August 17, 2000 Vinell Hills, Elections Office ~4~ Sue Filson, Administrative Assistm~ ,' Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMUNITY HEALTH CARE COMMISSION DISTRICT Richard B. Akin 1220 Westfield Drive Ft. Myers, FL 33919 Ron Burris 636 Grandview Drive Lehigh Acres, FL 33936 · ~J.D. Campbell (Doug) 78 Seagate Drive Naples, FL 34103 /-Joan M. Colfer 2880 Gulf Shore Boulevard North, 8409 Naples, FL 34103 /Mary Cooper 6371 Pelican Bay Bird, Unit 7 Naples, FL 34108 Mike Davis 6120 Cedar Tree Lane Naples, FL 34116 Anthony DiNardo 7691 Santa Cruz Court Naples, FL 34109 A,6ENDA ITEM NO. /~C~- COMMUNITY HEALTH CARE Fielding Epstein 9816 Rocky Bank Naples, FL 34109 Stephen M. Fain 2137 44~ Street SW Naples, FL 34116 /'Mickey E. Gordon 9955 Tamiami Trail N, Suite 1 Naples, FL 34108 David Greider 207 Bay Point Naples, FL 34103 Crystal K. Kinzel 598 Henley Drive Naples, FL 34105 ~/Matthew Levine 6610 Cutty Sark Lane Naples, FL 34104 Joseph J. Mania 520 South Collier Boulevard Marco Island, FL 34145 Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 Paul H. Neuharth P.O. Box 770790 Naples, FL 34107 ·. Kathleen C. Passidomo 2200 Southwinds Drive Naples, FL 34102 //Steve Rasnick i 021 Spanish Moss Naples, FL 34108 COMMISSION DISTRICT COMML~ITY HEALTH CARE ,./ Wayne Sakamoto 2664 White Cedar Lane Naples, FL 34109 ~" Robert J. Schmidt 2227 Pinewood Circle Naples, FL 34105 Thomas G. Schneider 704 Turkey Oak Lane Naples, FL 34108 /"Michael J. Schroeder 641 Pine Court Naples, FL 34102 James R. Tindall 13181 Pond Apple Drive Naples, FL 34119 COMMISSION DISTRICT Thank you for your help. ,z AGENDA ITEM NO. MEMORANDUM DATE: TO: FROM: August 17, 2000 Leo Ochs, Jr., Admimstrato Public Services Sue Filson, Administrative Assistant Board of County Commissioners Collier County Community Health Care Planning & Finance Committee A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: R/chard B. Akin 1220 Westfield Drive Ft. Myers, FL 33919 Ron Burris 636 Grandview Drive Lehigh Acres, FL 33936 J.D. Campbell (Doug) 78 Seagate Drive Naples, FL 34103 Joan M. Colfer 2880 Gulf Shore Boulevard North, #409 Naples, FL 34103 Mary Cooper 6371 Pelican Bay Blvd, Unit 7 Naples, FL 34108 Mike Davis 6120 Cedar Tree Lane Naples, FL 34116 Anthony DiNardo 7691 Santa Cruz Court Naples, FL 34109 Fielding Epstein 9816 Rocky Bank Naples, FL 34109 Stephen M. Fain 2137 44th Street SW Naples, FL 34116 Mickey E. Gordon 9955 Tamiami Trail N, Suite 1 Naples, FL 34108 David Greider 207 Bay Point Naples, FL 34103 Crystal K. Kinzel 598 Henley Drive Naples, FL 34105 Matthew Levine 6610 Cutty Sark Lane Naples, FL 34104 Joseph J. Mania 520 South Collier Boulevard Marco Island, FL 34145 Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 Paul H. Neuharth P.O. Box 770790 Naples, FL 34107 Kathleen C. Passidomo 2200 Southwinds Drive Naples, FL 34102 Steve Rasnick 1021 Spanish Moss Naples, FL 34108 Wayne Sakamoto 2664 White Cedar Lane Naples, FL 34109 Robert J. Schmidt 2227 Pinewood Circle Naples, FL 34105 Thomas G. Schneider no. _ / d ? - 704 Turkey Oak Lane Naples, FL 34108 Michael J. Schroeder 641 Pine Court Naples, FL 34102 James R. Tindall 13181 Pond Apple Drive Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA NO..~ L~-~ , i .. ~ ADMI~ FAX NO. ~5~3050 P. ~ SERVICES, INC June 23, 2000 $oa~ M. Coffcr, M.D., M,P.H. Diroctor Collie~ County Health Dept. P.O, Box 429 Naples, Florida 3~06-0429 Dear Dr. Coffee: Tl~,nk you for your letter of June 16, 2000 resarding the follow-up health care committee. This is a very important initiative in Collier county that will hOl~fvlly lead to ~ome long needcd solutions. I would like very much to serve oi1 tile new coh'lraittee, charged with examining possible solutions a~ld thcu final~ng In fact, this has been something that I have b~n involved w~th m Colhe~ county for over 20 yea~s now As the CEO of Colher Health 5erv~o,,s, Inc,, I underand better than most what is involved m prov~di~$ primary eaxe m an affordable manner (CH$I is by far the largest provider of primary care m 0~e county). Please conside~ me for participation on this cruc~ eonumtt~. Just i~ me Imow when and hov~ you plan to begin. Thanks for considenng CHSI. Richard B. Akin President and C~O 1454 Madison Avenue · Immokalee, Florida 34142 · (941) 658-3000 Coifer, Joan From: Sent: Subject: Ron Burris [mnburris@hpcswf, com] Monday, June 26, 2000 11:48 AM Colfer, Joan Collier County Health Care Committee II ?,--I Dr. Colfer: Please accept this as expression of my continuing desire to be involved with the efforts of COllier County to address filling of gaps in access to health care in your county. As to qualifications for Committee II please note that I have served as deputy CEO or CEO of federally funded community health centers for a total of eight years. After that experience I moved to Florida and was responsible for overseeing the application of Collier Health Services, Inc.'s for a Medicaid HMO license. The latter was a two year project for which I was responsible for all application filings including the business pro formas required. If I can help, let me know. Ron Burris J. D. CAMPBELL 78 Sere Dr/ve Naples, Florida 34103 (94I) .40.3.79I 9 ~/¢/o o J D CAMPBELL PMB 310 PO BOX 413005 NAPLES FL 34101-3005 9. CAMI'BELL (Dour) I I I Moil: Box 41300S ~310 Nqn4es~ Fl., 34101-;MOS Phone: 941-403.7919 Fa~: 9~1-403.839S SUMMARY: · Mmi~ ~ m m laack~d~ positmm m mm~ ~ mu:l indnm. i~ mafimm~ 1997 - Prea~ 1997 - Prese~ 1997 - Prese~ 1997 - Przsem ARCA91AN CORPORATION, ~ TN Pr~de~ & CEO Areadin was n~rmad ~ t~ acq~tions ~nve mtro~n ~b~ Gordon Cain and th~ (Hornton) m~ 1989. ]twastbe~~and~ofnitrog~~and~mth~Wes~'n ck~t m~ 1997. S'm~ my amva] as CF_~ at the end of1992, w~: inycsUnanU finmJcad by a $340 ~mllion high :y~cld offum~ in 1~93. · ~and~ourt~olvingcmditlinevuan~wbnni~ng~in 1994. · C~-,w ]~arr~A ~mt $10~ m S360 million nnd ~k-x from S,6 to $1.3 t~llion whfi~ ~ ~ ~ m th~ BRFFISH PETROLEUM COMPANY, I.,mdm, UMted Killdeal ~ to THE STANDARD OIL COMPANY (OMo) 1966 - 19F2 from S400 ntillion to $1.2 billion m t~-vm~ ancom~smi~ wurldwid~ nm4n~ ~ m ~he US and BRFI3SH PETROLEUM COMP~qY (Coafilmed) ~ RP Chemical, Depu~ CEO - Su'af~.~¢ Allhnccs - I.o~io~ 1992 ~BP~ Depmy CEO- Commodity Chemic~ - Loado~ 1991 Dir~ct~ BP ~ Chi~~- P~mx:b~s and Polymers - Lomtm~ 1989 rc~nnc, was ~ to beam~ 1/6 ofBP Chmucals in 1997. Mgr. Prodm~ Ss!~ly, The Sismired Oil Co. - Cleveland, 1979 M~r. ~m~nins and s~nnm~ Ptmnins and Admin., T~ Smn.~-~ Off Co. - ck.~na. x~rrs C_mm~ ~ Wholesale ~ BP Oil Co. - Wilmmgma, DE 1975 Ma~a~ Svema ~ The S~O0 Co. - ~ ~972 Retail Sales ~, T!~ Stamim~ Oil Co. - Youngstow~ ~ 1970 s~s Tr',am~ The Stmdsra Off Co. - Colurals, O~ ~,6 ~ Army AG Co~ln- Ft. Po~,~ 1964-1966, lfLL KDUCATION: BA, ~ ' .IOhnt ~ UIIJ~/~, 1963 [I II I I[ [ J I I I MEMBr, RS~OFESS!ONAL Ai~ILL~TIONS: DL, u:tm, Ocon Corp., Avon [.aim, Ohio V'K:C Chitman, Board ~ Tinslees, SL Aodrews-Sewanee School RoUm/clm (~m Pruidm0 Jeb Bush Governor Robert G. Brooks, M;D. Secretary August 16, 2000 Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East, Administration Bldg. Naples, FL 34112 Dear Ms. Filson: I am applying for ex-officio membership in the new committee being formed by the Board of County Commissioners to address unmet health care needs in Collier County. As the new Director of the Collier County Department of Health I bring a unique perspective to the group. I have experience in at least one other state and several other cottaties that have also had to address this problem. In addition, I am in contact with individuals at the state and federal level who can assist and advise the new group as they seek funding options for the needs identified by the first Health Care Review Committee. I have attached a resume and thank you for your consideration. (t~ncerely('~ ~ ~ ( J_p. an M. Colfer, M.D., M.P.H. k,Director . attachment 3301 E. Tamiami Trail, Bldg H. Nap!~S, Florida * 34112-4961 Telephone (941) 774-8200 Collier County Health Department Joan M. Collet, M.D., M.P.H., Director Mailing Address: Post Office Box 429 Naples, Florida * 34106-0429 EDUCA~['ION A_N]) U~zivcrsiry ofDehware, B.A. Psychology, 1973 Uaivcr~idad Aut~o~ do ~d~j~a, ~., 1977 ~ ~~ Ho~ 1977-1~8 FiOh Pa~way ~~d ~~k~ 1978-1979 Catcgodc~ OB/~ U~ M~ ~k~ 1979-1980 O~ ~o~ Hop~ U~~, School ofHy~e ~d ~c ~ ~P.~, .198I A~d~c Yc~ of~~e Mc~e Re~d~ Trig 198~1981 ~~m Yc~ of~~e Mc~e ~dd~ T~g 19g1-1982 M~R D~m~t ofHe~ ~d M~td Hy~ 1982-19~3 AdJ;~;nn~l yea of~bEc ~ ~dd~ EI~ZPLO~ HISTORY Baltimor~ County Health Depsrtmeut $uly 1992-Pr~emt Director, Bureau of Di~ase Control Scptc~er 1993-Pzcsc~t Supervise commm~icable dise-~ se, cs~cer, d~ntal ~ and medical ~Mr~tal healzEz p~ogrsm~_ C~_~ ~ other county a$~cies on issues which include l~ad in school chink~ wat~, ~bestos, and sp ~cial medical wsstc. Made directly ob .s~rv~d tubercu~sis therapy w/aaable to pzivate pkysizia~ and ~ir paIimI.t Brought renowned CDC $TD ~raining program to B~h~more Cmmty clinic plrysic~s~,~ Implcmc~cd ~e CLIA [.Clinical Laboratory Improvement ,aimendmcnt) program for Baklmore County of Made la~ge fedmlIy fimded Breast & Cer~r~l Cincer Pro.-am awfl-blc to over 1,500 low inc0zn~ B~%nnre CoRllty WO~l. Tw.m. letocrated the l~xylsnd 0¢cu~ational Safety ~nd Health (b[0~ Tuberculosis progr,,~ Dirertar, Bureau offPrevenTive S~rvices Ahoy !992-Sept 1993 Scrved as n~clical conmkmt to Bs~mnre County public and parochial schools. M--~$ed l~e school he,lth nursin8 program Supervised all ma~ern~! and child hesllh service~ Opcned first school based clinic in Bahimore County. ele~mmta~, schools. in Maryland Department of ttcnlth and Men .tsl Hygiene 1983..1992 ~or of Pro~r~- Set.iccp, Local and Fafu~y Health Administration · Started statewide home he~b ag~ a~g do~ ~ fed~ M~c~ do~s. · Mc~ co~t to 24 lo~ he~ d~~ proems. · ~dcd ~ ~agc as a~E ~I~ offic~ ~ vacndes oc~c~ C~ So~ co~ ~ a ~of75 ~ioy~s ~ a ~ afa~ro~~ 2 ~on do~=r~ Co~ercd ~3co~o Co~ ~ 200 ~1oyecs ~d a bud~ of~ m~l;~ do~. · ~~ed ~d lc~ed on ~jor pubic he~ le~flon before ~e ~d ~ ~~. · Co-~cd ~c Hc~ ~ccrs ~on~ M~I.-~ : ~~t ~or, ~ev~e Mc~c~I~b~c He~ Resid~ · ~o~dcd day to ~y ~p~on ofre~ts. · ~¢~ed ~d sek~cd aH c~daces for · ~o~ded pub~ hca~ ro~afion for mc~cal ~dmts. · ~t~cd re~d~cy ac~ation ~ ~c Ac~a~on Co~c~ on ~ad~tc ~e~c~ Educa~o~ xvI~EDIA 12~ITERVI~WS · Asbestos in a Baltimore County School - Channels 2, I I, I3, 45; September, 1993 · Lead in School D'hn~Sng Water - Towson Times; February, 1994. · Tmm~m~:,ation in Eiem _emtary Schools - Baltimore Stm; March, 1994 · l~.abics- Comcast; April, 1994 · Lead as a Public I-Mahh Problem - Interview with Ron Matz, Channel 13; March, 1994 · Is there TB at the Social Security A~rr,;ni~tration Building - Interview wiga Josh Taylor, Channel ~el 13; Ma.rc~, 1995 PRESENTATIONS Tm~. lemonting Maryland's Birth De£e~s l~gistr)c trabi-$ off, red regionally to lvIaxFland hospkals, physicians, and nurses, 1983. Standards for Local He,l~h Depar~m_,mts: Panel presenter at the American Pubic Health Associztio= meeting in An:~heh~ C~titrornia, 1984. Model Stan~-rds Concepts: Pan ofday long program taught in nil local health depaa~:ments, 1987. r,,?l~ncnting Model Standards in Maryland: Public Health practice cowscs, Johns Hoist-i,,, School of Hygiene and Public I-Ical~ 1988. Medical Waste Update: Annual DHMH Communicable Disease Seminar, 1989. An Overview of Maryl--d's Public Health System. taught as introductory lectux¢ to University of Maryland academi~ ycax Prcvcntivc Mediclnc l~esidcuts, 1990. Competency Based Outcome Measures for Preventive Medicine Kcsidents: College of Preventive Medicine meet/ngs, Baltimore, Maryland, 1991. ~Y.~tory o£ Tub~rc-ulos~s Programs ~n Maryland, prosmated ~ ~e~t~ b~re ~e ~co~co Co~ Co~c~ to a~c con~ue~ ~g ~or ~ ~o~ h pubic heath pro~, 1991. S~ccs Coor~afion to B~c~ B~imore Co~ C~: Lea~c of Wom~ Votes, 1993. B~ore Co~ Hea~ D~~t ~c~e ~g~t S~, .1993 Ho~ 1994. . . ~. ~bies ~ ~~d: Comca~ Cable ~ 1994. Worm A~S Day, Dec~ 1, 1994 ~ a co-woOer has ~b~o~: So~ S~ A~a~o~ ~ 19~ CERTIHCATION AND LICENSURE - l..i¢~sed to prac~ce mcdic/ne in Maryland: Registration Humber D27059. · Board C~d~ed h Preventive Medicine ~nd Public Heabh ' ivI'EM~ERS~S LN PROFESSIONAL SOCIIiTIES · Past Vicc-Preside~£ of the Resident Physicians Section ofthe. State Medical Society. · ,~m~dcan Public Heath Association. · American CoHere ofPr=vent/ve Medidnc. · Bnlt~ore County Medical As~oc~fion, Alternate Dclega~e to the S;a~c Mcd/cal Society;., Co-C~,{~ of the Me-mb~rship Commktee A.PPO~NTS AND COIVIMITYEES Univ~ of MaryI~d School of Medicine · AKjuuct Ass/stm= Professor, Dcpartm~t ofEpidcmiology m~d P~ev~nfiv¢ Medicine. Trr?lem~ed first Public Health Practice course: off-.red to Universivy of M~ryhnd 1st year residents on ~e at the MarytJ-d Dc-partm.ent ofHeMth aud Mental Hygiene. ' Advisory Corette= tO the Pr~venL~ve Medicine Residency Program $oh-~ Hopk/~s School of Hygiene ~ud Public Health · StanctLug Comm~ee on Prevent=we Medic~¢ Residency Program, Chair of Sub-cornrr~te¢ on Curdcu~,~. responsible £or d~velop~ng ~rst set ofcorr?etency based object/yes for residency ~g. Presented at the American College of Preventive Medicine m~rtings, Spring, 1991. American College ofPrevcmtive M~lic'/ne · Item wv~er for Board Hxam~tion ~n' Preventive Mcdich~e, 1993. Delta Omega Honorary Public I-I~alr. h Society · Elected April I994. AOUr. NDA ITEM · Mental Hmtlth Aamcialion of Collie' * F~ (~1) 261-2931 To: Joan M. Colf~, M.D., M.P.H.Fax: 774-5653 r-ram:M~ COo~ Oam: 7/1/00 Re: Second Health Care CommitteePat~a:1 Dc~r Dr. Colf~, Thank you for your letter of June 16, outlining the need for and responsibilities a~md with a s~cond Health Care Committee to be appointed by the Board of County Commissioners. Given their intended charge and the time one would estimate each member must commit, I do not expect to seek appointment to that committee. If I can serve in an advisory capacity, please feel free to contact me further. It has been an honor to represent the Mental Health Association during the past year on the original committee, and I intend to work throughout the summer on our report to th~ Commissioners. Since it is vital that mental health concerns be incorporated into any further work on this issue, I am also providin_o each of out Board members with a copy of your c~ndence, g~reby encouraging their participation in this exciting and challenging process. I have also sent this information to a former Mental Health Association Board Presidmu, George W. Lange, Jr. of State Strut Global Advisors. We appreciate your concern and leadexahip. Mary Received Aug-O8-Oe 08:22am from 9416432499 ~ Scanner page 1 ~,o~ co~9 L~TT~ l~ROlVi DATE: TO: Sue COMPANY: BCC FAX #: PAGES: FROM: 8UBdECT: Mike Ilkvie CC C~mmunlty He~"hem'e Pf. nnlng & Finance Commltt~ I am h~mby ma~Jng ~pllo~on for ~ppoimment to the eubJe~ committee. Pleaae find atteohed a re~ume for the boat~ ~en~icleration, A A Received Aug-08-00 08:22am from 9416432499 Scanner IIII II II page 2 ~.~2 Mike Davis ~13o Codne 'f~ ~ Na@i~ Florida ~41 l~ Off'me: 643.17'7 Fax: 643.2499 Home: 455.2818 Mobtic: 216-2699 IX)B: 2-10,47 Resident since Aul'~t, 1.974 Voter # IdRC021047 Vice. President a~d C.-eneral Manager of Si~Crat~, Irt~, since April, 198& ^ company employing 16 l~ople and in c,o~n~ous ol~-r~tion sinoe 197'/, I s.m responsible for pha~ of oi3,rltions, maA'~tn$ and financial planning CJ.yic Ac, tlvit~. Ca. rant ~ For Kids, ManeJr N~le~ Area Chamber of Commerce, Board of Direclm's N'!ples ~ Chamber of Commerce ~sues Advisor~ Commitlee, Vice. Chnirme, n Collier County hie~t Commiltee on Cotnmun~ty ~tar and N{ples Bay ~ Club, 19~-presem, Put Presid~t, Paul Harris l~e!1ow 001d~ O.'la Ar~ C~c Assortion Keep Coltier Beauti~, t995-pr~nt, lrnIrtedl~ P~ Chairman Collier ¢o~,nt~ Disaster R~.,ov~ Ta~ Colliar Cou~tty Laa~t.qll Operttions Citi~n'~ Committee, 1995.present Oolden Gate Chamber of¢ommar~ E~ Naple~ Civic Association Swamp Bu~ti~ I~,, Pm Pr~id~nt, Dir~lor ~teritus Collier County I-I~th P~tlitiea Authority, Chairman Colti~ Count7 R~ublioan Exertire Commit, Alternate, Precinct 622 The Tier Bal~ Club, Boud of Dire~tor~ Oold~n O~t~ Emtm Civic Association Coltier r'-oun~ I-I~lth Car~ Review Committ~ Civb, Ac, fi. viti~. l~r/er Ciiiz~tt Review Panel, Colli~ Couat~ ¢l~nk of Cons Bud~ 2901 CoilJar County Plsnnin~ Commission, 19~t-19~9, Clminnan -AGENDA ITEM NO.~ ~-.. (.'.~ '~ ,. .... Aug-16-00 10:31A Gulf Bay 941 732 9404 P.01 Fax Number: Dare: Subject: .4nthony DiNardo 7691 Santa Cruz Court Naples, FL 34109 942 732 9400 941 732 9404 [Fax'[ FACSIMILE TRANSMISS'ION Mrs Sue Ifilson, Administrative Asssitant Board of County Commissioners 774 3602 August 16, 2000 Collier County Community Health Care Review Committee Number of Pages (including cover): 02 If you do not receive ~l~e entire t-ransrmssmn, please n'olify Diane Matire immediately. 'Ibis facsimile contains PRTVTI.EGED{ AND CONFIDENTIAL information intended only for file use of the addrcssccts) named above If you ~e not the rotended reelpictor of this facsimile or the employee or age'n! responsible for delivem~g ~t to the rotended recipient, yotl are hereby notified that any ti~s}eminalion or ¢ooying of this f~lc.qimilc is ~triclly prohibited, If you have received thi~ t'acaimile m error, please immediately nmil}, u,. by telephone and return th? orig?.al facsimile to us al rite above addres~ via the U.S. Mait. '11aat~k you, Mr= Filavn: l"vllvwmg ~s my application for the abovc-rcfercnccd newly adopied (.'ott:anittee, Thank you. Aug-16-00 10:31A Gulf Bay 941 732 9404 P.02 Application for Collier County Community Health Care Planning and Finance Committee August 16, 2000 [ am applying for me.rr~ership .o,n the newly adopted committee being formed by the Board of County Commissioners. As th~ Chief F~nancial Officer of the Gulf Bay Group of Companies~ one of my first duties was to establish a flrst-~:]zsst cost effective and comprehensive health care program for our employees and r. helr dependents. Sinc~e moving to Naples In 1994, I have experienced first hand the rapid rate at which the County has grown; am[, as it continues its expansion, not only the need to provide quality medical care but to make the cost of theft care affordable to all of Collier County's residents is becoming more important than ever. Resume of Anthony DINardo CFO of the GiJIf Bay Group of Companies [1994 [o present] Vice President~ of Finance with The ^rvlda Comicany [ 198 ! to 1994] BA In F. conon~i~ lrrom New York University [ 1974] Masters in Bus~n.ss Administration in Accounting from NYU Graduate Schc~,! o[ Business [ 1975] Florida Institul~e of Certil~ed Public Accountants [ 1980] American [nstltute of Certified Public Accoununts [ 1980] Florida license~J Real Estate Broker and Mortgage Broker [1983] BOM! certified Real Property Administrator [ 1990] Moved m Naples in 1994; married with one child enrolled In Pine Ridge hiiddle School and one child at Pelican Marsh Elementary. tf there are any questions or concerns, or if further infom~ation is required, I can be reached at 732 9400. Sincerely, Anthony Di~ardo 7691 Santa Cruz Coudt Naples, FL 34109 AGENDA ITFM - Important Message- -15me: For: From: Telephone: ~Telephoned [] Wants to see you [] Returned your call [] Was here to see you Message: Taken by: - [] Please [] Will call' again [] URGENT AC.~.NDA ITEM. Received Aug-16-00 08:21am from 941 436 6599 ~ Scanner page ! 08,'I~/'00 RE:D 08:08 P.~ ~41 435 $539 COPS FINA/~C~ A¢CTG ~0OZ Company: From: Comments: Committee. Thank you. Page 1 of'2 Collier County Public Schools 3710 Estey Avenue Naples, Florida 34104-4499 (941) 643-2700 II FAX Cover Sheet BUSINESS SERVICES FAX: (941) 436-6599 Sue Filson Board of County Commissloiners Fax: 774-8865 Stephen M. Fain Attached Is my resume and application and to serve on the Community Health If you need anythins further to support my application, please call me at 436-6417. Date: ^usust 16, 2000 Received Aug-16-00 08:21am from 941 436 6599 -, Scanner page 2 0S/18/00 RED 0S:08. F.42[ 941 438 8599 ¢C?$ FIN.4~I'C~ ACCTG [~002 STEPHEN M. FAIN 3710 ESTEY AVENUE NAPLES, FL 34104 436-6417 Please accept my application to serve on the newly formed Community Health Committee. Shown below is an update of my governmental career ~ previously .published by the District when we issued $57,000,000 In debt instruments. $~ephen M. Fain, Executive Director of Business Services, Collier Public Schools, graduated from Florida State University in 1974, received a B.5. degree in Accounting. Mr. Fain'~ ~went~.$ix year career began as an auditor with the State of Florida AuditOr Ceneral'$ of F~ce. He spent three years as Director of Finance for the Clerk of Cour~ in Collier County, and t. he ta.~ 'twenty years with the Collier County School Board. ^uSust 16, 2000 0i/07/i~B4 lB:S5 941S668778 GULFCOAST FOOT ANKLE PAGE 01 MICKEY E. GORDON, D.P.M. August $, 2000 Diplomate, Amcri~ ,in Board ~d I',xliauic Diplomato, Amerk an B~ard o( Pudialri~ ~etk~w, American Collie (ff Foot O~hopedics Fellow, Amerit,ln C:oJh)~g Su~ Fiison Board of County Commissioners 3301 ~ Tmlimli Trail N~.ples, FL 341 ! 2 RE: Firerace Committee of the Community Health Planning Committee Dear Ms. Fibon: I read in the paper where the Community Health Planning Committee is looking for qualified persons to serve on Finance Committee. I have a strong interest in health policy fomaation, in fact that is the reason I began a legal education. Additionally, I ran a mortgage compm~ and helped evaluate both residential and comm~ciai lending. Please give some indication as to the duties and responsibilities of participating on the Finance Committee of the Community Health Plmming Committee. ! would like to know both the meeting times and time anticipated commitment. I am thanking in advance for your immediate attention to this matter. M'~rdon., D.P.M., FACFAS, FACFAOM CV Att~ AGENDA ITEM 5- C ¥D ~l ,'._ £JC 9955 Tamiami Trail North, Suite #1 · Naples, FL 34108 · (941) 566-8800 ...... 01/07/1994 18:55 9415668778 GULFCOAST FOOT ANKLE PAGE 02 I. General Curriculum Vitae Telephoto: Date of Bkth: Cmzenship: ~ Status: Information Name: Mickey E. Ge~don, D.P.M, Address: 9955 Tamiamt Trail North, Suite #1 Naples, Rortda 34108 (941) 566-8800 July 14, 1948 United States of America 383-52-8466 Married Private Practice 1979-Present II. Education 1994-96 Seattle Lillyamity School of Law Tacoma, Washington J D Degree not completed 1978-79 Pod~trtc Surgical Resident Mr. Clemens, MieNgan 48045 1974-78 Penneyfvenla College of Podiatric Medl~trm PhtledelDhla, Pennsylvania III. 1971-73 1967-69 !966-67 1962-66 Licensure penn~vanla 1979 uce~se ~sc2035 Idaho Michigan 1979 License ~0936 New Mexico Wa~hington 1979 License #279 Florida B.A. Degree in Sociology Wayne State I./.ivemlt~, Rocky Mountain College Billings, Montana Michigan State Unlver~ty East Lansing, Michigan Cass Technical High School Detroit, Michigan 980 License #P-95 985 Ucense #187 997 Ucense ~ 0002638 IV. Board 1998 1996 1994 1993 Certification Olrd~mate of the ~n Board of Forensic Medicine Dl~l~nste of the American Board of Fore~ic Examiners Board Certified, American Board of Podiatric Surgery Board Certified, American Board of Podiatric Orthopedics Certificate # Certificate #8957 Certificate #3545 Certificate #$78 Externships Metropc~tan I~=e!~:al, Phlfedeiptfia, PA Scranton State General Hospital, Scranton, PA Harrison Community Hoepltal, Mr. Clemens, MI Veterans Administration Hosoital, Philadelphia, PA V!. Memberships in Professional American Podiatric Medical A~eociation Amed¢~n ~ge of Sperts Medicine American Podiatric Orculatory Society American Cellege of Fermstc Examiners Fellow, Amerlcm College of Foot & Ankle Michigan Peer Review Or~mizetio~Speciatty Advlsm Societies American College of Podlatdc Sports Medicine FieIda Podiatric Medical Association Fellow, American College of Foot & ArtIda Surgeons Dip~omate, American Board of Pocllatdc Orthopedics Olplemate, American Board of Podiatric Surgery Student Member American Bar Associatlo~ F~um on Health Law American Bar A ~..~IDA ITEK4~ .... Pg.. ~------ , 01/07/1994 19:55 94156B@778 GULFCOAST FOOT ANKLE PAGE 03 V II. Lectures June 1993 VIII. IX. May 1993 Aorfl 1993 JarmeW 1993 June 1985 April; 982 Septer~ 1981 March 1981 Febmaw 1979 February 1977 Presentation to Public and Media during Seade Pharmaceutical'$16 city media tour to introduce NSAID Daypro as a representative of WA Chapter of Arthritis Fmmdat~ Presentation to Boeing ~3nmlun~ ConnecUon on 'Arthritis & The Work Place' Presentation to Kent P~rks & Recreation Dept., Kent, Washington "Sports Medicine & Injury Prevention" PresentaUon to Rainier Beach Community Center, Seattle, Washington *Sports Medicine & Injury Prevention' Presentation to Podiatry Staff Harrison C43mmunity Hospital, Mr. C3emen$, Michigan, *the Importance of Record Keeping in Defending Medical Ivlalpractice Suits" Presentation to Seaport Strider~, Layalston, Idaho, =Running InJuries, Diagnosis & Treatment' in c~njunctlon with Runner's Clinic prior to annual marathon Presentation to Seaport Stridere, Lewiston, Idaho, 'The Foot in Athletics' Presentation to University of Idatm Student Trainers, Moscow, Idaho, ~Sports Injuries and The Foot' Presmltmtio~ to Surgical a~d Podiatry $tmff Hmrri~on Community Hospital, Nit. Cl~n~,ns, Ivk~i~m, 'Wound Repair and Wound Hemling' Presentatio~ to Combined Medi~ Stmff Washington M~monml Ho~pitml, Turnersville, New Jersey, '~eminmr on Cmvus Foot ~rgery' Special 199~ 1995 1994 1991 1978 1978 Recognition A~mrd of Merit, Washington State C:haptm of the ArthritJs Fotmdatlon Dl~lngui~.ed Service Award, Washington State Chepte~ of the Arthritis Foundation Dl~Jnguished Sen/ice Award, Washington State Chapter of the Arthritis Foundation Nominated by Mayor's Small Business Task Force as one of Seattte's 10 Best Small Honers Conferred by the American College of Podiatric Radiologists f~ Thesis, 'Utilization of Bone Scans In Podiatric Medicine' 011:domate National Board of Podiatric Examiners Professional 1993 99z-93 991-95 1990 199O 1982 1979 1977 1977 97S-77 977 97S-76 1975-76 Volunteer Activities Ftr~t Aid for Runners in 'Nordstrom Beat the Bridge Run' for Juvenile Diabetes Association First Aid for Walk fo~ Multiple Sderoets Participants Iq~t Aid for Walkers for March of Dimes Walkathon PartJclpants Pediatric Screenings for U.S. Customs Department Pe~iat~c Screenings to benefit Toys for Tots and Local Food Banks Ibaoners Clinics Moscow and Lewiston, Idaho Worked It Medical Tent for Walkers for Hatch of Dimes Walkathon Partialpants Podiatric lings, New jemey Health Department Poelatdc Pediatric Screenings, Pennsylvania College of Podiatric Medicine Co-Chairman and Recruiter, American Red Cross Blood Donor Drive, Pennsylvania College of Pediatric Medicine Member Emergency Team Committee, Pennsylvania College of Podiatric Medicine Aasisted In Instruction of Operating Room Protocol, Surgical Scrubbing, Gowning, Glovtng, aml in~trumentation, Pennsylvania Cc~ of Po(latric bledidne O.IL Technician, Pennsylvania College of Podiatric Medicine Post-Graduate Education CNcego, L 1978 Herrlion C(vmym~ty Hospital, Osteo~nthe~$- A-O TechnkqUe, Mr. Oeme~s, MI 1978 Ame~-~n Padlamy A~wo~!etion Annual Meeting, Datr~t, Mi August 1978 Harrison ~ Hospital Surgical Seminar Acapulco, Mexico Febmaw 1983 Hichigan State Podlatw Association Annual Meeting, ~, Mi October 1 983 Lk, dioN~,est PodBarry Gonfere~ce, Chica ~,- II .... April 1984 AGENDA ITEM 01/07/1994 20:08 9415668778 GULFCOAST FOOT ANKLE PAGE 01 XI. Xll. Post-Graduate Kern Hospital Professional Liability Seminar Warren, MI December 198.5 Education (continued) New England Journal of Medicine, Progreta #334, MA New England Journal of Medicine, Program #334,MA ~1 Society, Waltham, MA December 1996 American College of Podiatric Orthopedics & Prima~ Care Annual SdanUfic Seminar, Ft. Lauderdale, FL March 1997 Hospital Appointments Lakeshare General Hospital, October 1979 Detmlt, ~4 (na~ dosed) Ac~r~dlt~ttofi JCAH k~mb~' ~i~ and MNA H~rrbon Con~nuntty Hospital (now St. John) November 1979 Mt, Oen~ns, MI AccredltaUon JCAH and AOA Member AHA and MHA Detroit Centr~ Hospital (now New Center) January 1980 AccreditSIon JCAH Gdtman Memorial Hmpltal, July 1 Acctedlteti~n JCAH Member AHA and IHA Brant Gemerel Ho~pital, April 1983 (now closed) DetroR, M Acgreditl~Jo~ JCAH Member AHA and MHA Medical DentaJ Surgery Center June 1 990-December 1993 Seattle, WA Fifth Avenue Hoel~t~l September 1991-October 1996 Seattle, WA Accreditarian AOA Green River Surgical Canter February 199Z-October 1996 Auburn, WA Westlake Surgical Center December ~ 993-Octabet 1 Seattle, WA Swed~h Medical Center October 19g~¢taber 1995 Seattle, WA AccredltltJor~ Wests~ore Hos!~tal April 19g7-present Manistee, 141 Ac~redltatia~ JCAH Civic Activities Wed~Ingtm State Chapter of the Arthritis Foundation, 1991-96 Member of I!o~rd of Directors, 1 993-96 Puldk: Educa~ Carmmttee, 1991-94 Member Tal~m Comrr~tee, 1992 Chalrpemm T~lethon Committee, 1993, 1994, 1995 Exe~utive Cammlttee Boerd of Directors, 1994-96 Delegate to Netkeel Commntkm in O~mdo. Rortc~, 1995 ChairS, PulMc Relattorm Committee, 1996 Rainier Chamber of C~mmerca, 1991-94 Kant Ch~ ot Commerce, 1992-94 Rot,ry Intem~timml, 1991o94 Boerel of Olrectoea, 1992-93 Community Service Directs, 1992-93 01/07/1984 20:00 9415668778 GULFOOAST FOOT ANKLE PAGE 02 Post-Graduate Annu~ Meeting Region VII of Amerlca~ Podlarry A~oclation, Spokane, WA 1979 Michigan State Podiatry Association Annual Meeting & Surgical Seminar, Toy, MI 1979 Harrl~cm Cxmwnunlty Hospital Surgical Seminar, Mt. Clernelt~, Mi 1980 Annual Meeting & Sc~ntific Session Montana Podlaw Association, B~ling, MT 1980 idaho Podlatty Asm:adation Annual Meeting, Callfi:~ltl~ C=11ege of Podiatric Medicine, 'Sports Medicine & Blornechantcs', Sun Valley, ID 1981 Valley Podlarry Association Surgical Seminar, San Frar~sco, CA ~ 1981 Nerthwest Podintttc Foundation Flfth Annual Seminar, Seattle, WA October 198;: Michigan State Podlarry Association Macom~ Oaklind Or,sion, Derreit, M! January 1983 Michigan Podiatric AssociatJon Meeting, S,E. Dk4~lon S~lrglc~ Seminar, PlymoLlth, Mi March 1987 Midweat Podlat~ Conference, American Podiatric 'Madcal As~x~tlon, Chicago IL April ~987 Florida Podl~dlc Medical Asso~atlott Annual Scientific & Melqagernent Symlx~lum, Orlando° FL Jenuary 1988 Northwest Podletllc Fo-ndation 5~1 Seminar, Cozumel, M~dco March 1988 Michigan Society of Podiat~ Physicians ~ Surgeons Surgical Seminar, Southfield, MI · Ap~l 1989 St. John Hoq~tal, 'M~croaurgical Symposium' SouthfiekL Mi May 1989 Northwest Podletr~ Foundation Surg~al Seminar, Cozumel, ~ January 1990 ~dwest Podlarry Conference, Chicago, IL Annual Seminar, Blaine, WA March ~ 991 ~an~Ive Workshop internal Fixation, Podlarry Institute, Atlanta, GA June 1991 Northw~e~t lao~c FoundaUon, Common Foot Problems, Seethe, WA December 1991 $Ymlx~ium, Seattle, WA Deeen~ar 1992 Washington State Podiatric Medic~ Association & Poclet~ institute, SearUe, WA March 1993 Penne/Iv.n~ Podattic Medical Associetlce Board Review, Hertilburg. PA Al)rll 1993 American Poclltric Medical Association Annual HeetJng and Region VII Seminar, Seattle. WA June 1994 ~ Pc~ Medical A~ation Annual Meeting, San Francisco, CA August 1994 Education (continued) Michigan State Podlarry Association Annual Meeting, Hint, MI October 1985 Midwest Podiatry Conference, Chicago, IL March 1985 Michigan State Podiatry Association Annual Meeting, Grand laiDida, MI October 1985 Northwest Podlat~. Foundation Seminar, Seattle, WA October 1985 Kern Hospital Surgical Seminar, Southfiald, M~ October 1985 High Risk Foot Center Seminar, a~icago, IL belrch 1986 Midwest Podiatry Conference, Chicago, IL A~tl 1986 Michigan State Podiatry Association Annual Meeting, H~rbor Springs, MI October 1986 Michigan Podlatrtc Association Meeting, Novt, MI January 1987 Green River Surglcal Center Seminar, "Endoscopic Planter Fasciotomy Seminar', Auburn, WA August 1994 Northwest Podiatric Foundation, 'Tendon Transfers and Procedures', Seattle, WA Sept.fnber 1984 Kern Hospital 'Encloscopic Planter Fasciotomy end ArtIda Arthr=s¢opy Seminar", Southfield, MI October 1994 New England Journal of Medioine, Program #330, MA Medical Sodety, Waltham, MA December 1994 American College of Foot & Ankle Surgeons Sdentific Ideetin~ San Francisco, CA March 1995 American Podlarry Association 83rd Annual Meeting, Seattle, WA August 199.5 Northwest Podiatric Foundation Graduate Semtnar, Seattle, WA July 1995 New England Jaumal of Medicine, Program #331, MA Me~tcal Society, W~ltham, MA June 1995 American Podiatry Assoc~ltlon 83rd Annual Meeting, Seattle, WA August 1995 American Podiatnlc Sderotherepy Society, Seminar nn Sderotherapy, Santa Barbara, CA April 1995 American Bar ~Ion Fmum on Health Law, "Health Care Freud & Abuse, False Oalrns Act", Las Vegas, NV March 1996 Northwest Podiatric Foundation, 'Update in Lower Extremity Medicine & Surgery', Seattle, WA May 1 996 American Pocllatrtc Medical Association Region VII Meeting, PerUencL OR June 1996 New England Journal of Medicine, Ptogrem #17, MA Medical Society, Waltham, MA June 1990 New England Journal of Medicine, Program #22, MA Medical Society,. Waltham, MA December t 992 New Erkgland Journal of Medicine, n~, Medical Society, Weltham, MA J~ I ~!ENDA ITEM NO. £7- Application for Collier Health and Planning Committee August 11, 2000 I am applying for membership in the new committee being formed by the Board of County Commissioners. Having lived and worked in Collier County for over 13 years during which I have served on many medical committees as well as a community service organization (Rotary), I have gained knowledge of the local health care environment. As a past member of the Medical Executive Committee 0fNaples Community Hospital and a current member of the Naples Physician Hospital Organization, I have become familiar with many of the concerns of the physicians, administrators, and patients in Naples. As past president and current member of Naples North Rotary, I learned of the health care problems faced by the small and large businessmen and women of the county. I have included a brief resume. Resume H. David Greider Graduate of University of Illinois School of Medicine in 1969. · Trained and practiced medicine (Pathology) in Tampa (1971-78), Miami (1978-87) and Naples (1987-00). Married to Christine, a prosecutor in Collier County, 2 children. Member of the Medical Staff of Naples Community Hospital since 1978. -Served on multiple committees including Medical Executive Committee, Pharmacy, Continuing Medical Education Committee, Informatics and Infection Control. -Board member of Community Health Partners (Physician Hospital Organization) since 1997. -Past Chairman of the Department of Pathology at Naples Community Hospital. -Member of Collier County Medical Society. Member of Naples North Rotary since 1988 (President in 1997-8) Registered voter in Collier County since 1987. I look forward to serve Collier County as it searches for solutions to access of health care. ! can be reached at 436-5104 with any questions or concerns. Sincerely,_ / David Greider 207 Bay Point Naples, FL 34103 08/16/2000 10:21 941-793-9597 SHERIFF'S FINANCE P~GE 01 CRYSTAL ]C KINZEL 498 Henley Drive Naples, Florida 34105 (941) 353-5477 August 16, 2000 Ms. Sue Filson Admi~strativc Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: Please find the attached resume as application to serve on the Collier County Community Health Care Planning and Finance Committee. I have the knowledge and experience with financing health care delivery systems, the health insurance industry and m~naged care systems to assist in this important project. I currently serve on the Collier County Public School's Health Advisory Committee. I have previously served on the Collier County Public Sehool's Budget Committee and as controller for a hospital. I have been directly involved in developing a managed care system. I am familiar with county budgets, hospital budgets, insurance tables, .actuarial analysis, system providers, business principles and, most importantly, our community and the issues regarding health care services. I would appreciate favorable consideration for an appointment to this important COmmittee. Sincerely, Finance Director Ck/dv Mword~qnance~h~dth care planning corn ltr Enclosure 88/16/2888 18:21 941-793-9597 SHERIFF'S FINANCE PAGE 82 CRYSTAL IC KINZEL 498 Henley Drive Naples, Florida 34105 (941) 353-5477 EMPLOYMENT HISTORY FINANCE DIRECTOR COLLIER COUNTY SHERIFF'S OFFICE 1/89 -PRESENT Naple~, Florida -Management of all Finance functions -Supervision of Financial Personnel Including: Payroll, Risk Management, Accounts Payable, Grants, Purchasing, Bonch, Budget, Commissary, and Fleet operations -Preparation and Administration of $60+ million budget --Director of 1,000-member managed care program ACTING CONTROLLER] BAY MF, DICAL CENTER ASST. CONTROLLER Panama City, Florida 1986-1988 -Supervision of Fiscal Services Personael -Fiscal managemeat a~d preparation of budgets statements for 274 bed, 1,100 employee facility -Departmeat liaison on profit and loss analysis --Liaison on Medicare reimbursement/billing services and financial FINANCE DIRECTOR CITY OF KEY WEST Key West, Florida 1985 --Administration of all activities of the Finance Department relative to the City of Key West fiscal operations. Key West had a population of 26,000, a City Manager form of government, and and operational budgets in excess of $20 million. -Accounting for General Government, Enterprise, Special Revenue md /,nternal Improvemeat Funds GRANTS ACCOUNTANT CITY OF KEY ~.qT 1983 - 1985 Key West, Florida -Administration of State and Federal Government Grants to the City of Key West in excess of $1 million annually AO~NDA ~ 88/16/2888 18:21 941-793-9597 SHERIFF'S FINANCE PAGE 83 ACCOUNTANT NATIONAL ASSOCIATION OF ,qE('YURITIE~ DEALERN 'vVa~hingto~. D.C. 1981-1983 -Oversight of General Ledger, Accounts Payable, Accounts Receivables and Fixed Assets for NASDAQ/Market Services ACCOUNTANT AMERICAN ASSOCIATION OF liET1 RED PEIZ~qONS Washington, D.C. 1978- 1981 -Supervisor of Accounting Department persormel for Grants Programs with budgets in excess of $30 raiLlion -Accounting for 103 project sites throughore 50 states and Puerto Rico including bi-weekly payroll processing and tax reporting GEORGE WASHINGTON UNIVERSITY. Washington, D.C. Bachelors of Business Admin. Accounting Major 1978 Certified Government Financial Manager (CGFM) COMMUNIT~ ACTIVITIES --Member of the Government Finance Officers Association --Member of the Florida Government Finance Officers Association --Member of the Florida Sheriffs Association, Conference Committee since 1989 --Member~ Collier County School Health Advisory Council - 1997-Present --Leadership Collier Graduate, Class of 2000 --Member of the Naples Women's Business Network of Collier County --Member of the League of Women Voters --Member of the Collier County Superintendent's Advisory Committee - 1996- Preseaat --Chairman of the Colher County Governrarest Median Beautification Advisory Council - 1998-Present --Past Member of the Greater Naples Civic Association-Education Commiltee --Past Chairman of the Collier County Middle School's Advisory Council - 1997-1998, I998-1999 --Registered voter in Collier County ¢'rem MATTHEV~ LEViNE Fair .1(~1 )353-~ Te,: I. IOAN M CC~..F£R. NI ! Fm~ (~'41)774-5~3 Pa~e 1 ef 1 "Fhur,,~fey. June 22. ~5:~ PM FAX IDate: I '~hursday, June 22, 2000 Pages including cover sheet: I 1 To: jJOAN M. COLFER, M.D., Phone Fax Phone (941)774-5653 From: MATTHEW LEVINE 6610 CUTTY SARK LANE NAPLES FL 34104 Phone +1(941)353-2222 Fax Phone +1(941)3§3-2222 Dear Dr. Colfer: I received your letter today, and I am replying to advise you that would very much like to serve on your new committee. I feel I am most qualified for the following reasons: 13 I retired here to Naples, ~ approximately 8 years ago. Prior 'to that, I held a position cf Finance Director with ~he St. Francis Medical Center in Trenton, N~ (a Franciscan Health System). We were a 5C0 bed hospitai in Mercer County and I was employed there for eighteen (18) years. 2) I was responsible for the areas cf Financial Reporting, Cash Management, Audits, etc. 3i I attended meetings at uhe New ~ersey Department of Health, relating to Reimbursement. 4) Prior to this position, I was employed with the New Jersey H~spital Association in PrincetQn, NJ reviewing Hospital ~ud- gets and year end Cost Reviews. Sincerely, Matthew Levine 6~10 Curry Sark Lane, Naples, FL 34104 Phone: 1-941-353-2222 E-Mail: Levine2222@acl.com AGENDAFFE~. JUN-22-L:~ 17:33 941 353-2222 P.01 14 O0 12:40p island realt~ 609 494 6132 p.1 Wm. V. Weinlein Broker A~ociate Bus. (609) 494-8822 Toll Fre~ Eve. (609) 494-7778 (888) 494.882 110 Long Beach Bou~eva~ · hoveladies, Ne~ ders~,] 0800 FAX COVER SHEET FAX # 609-494-6132 DATE: PLEASE DELIVER COMPANY: SUBJECT: FROM: TO: TOTAL # OF PAGES INCLUDING ~IS ONE: BY: HESSAGB: IF YOU DO NOT ~.~CEIFJ LEGIBLE COPIES OF ~LL P~tGES, PLF~SE CALL BACK SOON AS ~O88IBLE. RETURN PHO~ ~ 609-494-8822.. ~ YOU. 22~ ~ Long ~ ~ · ~ Cid, NJ 08008 · (609) 49~9i p~ 110 ~ ~ ~ · ~dles, ~ 08008 - (609) 49~822 island reait~ 609 494 6132 8uc 14 O0 12:40p Application for Collie. r County ~,ealtb and Planning Co~u-~ittse August 14~ 2000 TO: Mrs. Sue Filson Administrative Assistant, Board of County, Commi~s-i~ners 3301 Tamiami Trail East Naples, Florida 34112 {F~X] (9411734-3602 FROM:Joseph J. Mania ., RE: Collier County, Health Planning & F~nance Co~rm~.ttee I am applying for BeBbe=sh~p to the newcommittee-being forBed by the Board of County ComBissione~s, !' believe ~y-background which includes designing and i~plement~ng health care ~enef~ts f~r a fortune 500 company Bakes me well qualified to '~erve on th~s newly formed committee. The following is a brief resume of my e~perience ~n this area, Joseph J. Mania 520 South Collier ~lvd, Marco Island, Florida 34145 Resident of Collier County since 1989 Registered votcr since 1990 Retired as Corporate Vice President of R.J.R. Nabi-sco 1989. My area of responsibility was ~ssets & Risk ~anagement President of Mountain Insurance Co,pan?: a wholly. owned subsidiary of R.J.R. Nabisco. President of Coloohon, LTD; a wholly owned insurance company of R.J.R. Nabisco. My position in the above mentioned companges required that I design and implement cost effective in~u~ed and s~if-~nsured p~og~a~s. Designed and implemented both in~ured and self?~ns~red health ca,re programs. As a consultant to "Adidas" U.S.a. I designed and l'mpl~Bented a self- insured health care prog=a~ for ~ts U,S.A. e~ployees. I trust my background and expe.r~,ence can be of some help to Collier County as it searches for solutions t~ its health ca~re i'ssues. ~1'~ Heal~pMk ~lvd,. Na~k~, 1~ ~4110 .June 28, 2000 Josh M- Collar, M.D., M. P.H. Diretot Collier County Health Dc~pattment P.O. Box 429 Naples, FL 34106-0429 Dr; Coifs. I wo~Id lfl~c to submit my nxtuc~t for membership on the Collier County Hc~althcar~ Co~Jtt~ LI. My cxp~ce aSCFO'of the NCH'Healthcare System for 28 years a~d my recent elevation tothe position of leademhip of this System has given me fitill sets, which match well with tho~e delineated in the d.--afi ad. Th~k you for you~ considerSion of this rexlu~'t. Sincerely, Edward A. Morton Chief Oper~g Officer JUN-L~B-Z~00 12: 04 9414J~o5914 P.01 FROM : NEUHARTH FAX NO. : 94~5985285 Au9. 13 2880 ll:30PM P1 Paul 14. Neuharth, M.D,, P.O. Box 770790 Naples, ~ 34107 (941) 572-4~-75 Via Fac~qimile to (941) 774-3602 August 13, 2000 .c _Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail Earn Naples, FL 34112 Collier County Community Health Care Planning and Finance Committee Dear Mrs. Filson: Enclosed is my Brief Resume in application for service on the above-named committee. I moved to Naples as a permanent year-round resident this past spring. I am now settled and it is my desire to find the right way in which to serve my new community. When I learned of the formalion of this Committee, I thought it might be the approprial¢ vehicle given my interest, past eoq~qen~ and training. If you have any questions or need further ir~fonnation, please do not hesitate to call me. Thank you and the Board of County Commissioners for your eonsidexation, Sincerely, Eric.: BriefResume AGENDA I]'EI)4 FROM : NEUHARTH FAX NO. : g41598Si~8S Aug. 1~ 2~0 11:~OPM P2 Paul IL Nettharth, M.D., M.P.H. P.O. Box 770790 Naples, FL 34107 (941) 572-4275 Brief Resume Summa o, f · I have practiced in the fields of Family Practice and Emergency Mexlicine for over thirty-seven years in the private practice, hospital and managed care settings. Most recently, from 1993-early 2000, I practiced at Comm-nky Health Care ("CHC") based out o£Tacoma, WA. CHC is a group of medical clinics serving the underprivileged. Its resources partially consisted of stale and federal grants. My experience while' with CHC included the following: I was instangental in negotiations between CHC with the State of Washington to provide off-site managed care for inmates at one of Washington's major prison facilities (McNeil Isis nd). · Upon CHC's obtaining the contract, I served as Chef Liaison between CHC, its contracting physicians and the prison's medical staff. In thi~q role, I ~cilitated the establishment of protocol between the prison staffar~I the private practicing physicians who treated patients offof the prison's site. · I served on the Quality Assurance Committee ("QAC") of the prison which reviewed and established standards of medical care. t was later appointed Chair of the Committee while acting as interim Medical Director of the prison until the State of Washington completed its search for a new and permanent Medical Director, a position I was offered but declined to accept. · While serving on the prison's QAC, I also served on CHC's QAC. This Committee reviewed and established protocol and procedures for managed care throughout the organi?ation. Part of this process included the review of patient charts to determine (1) the appropriateness of patient care and (2) compliance with CHC's gram regulations. · I served on a number of CHC's various management committees, including those which established policies, procedures and budgets for the company. · During this period I also served as Director of the Homeless Clinic which held clinics two days per week. _E_dtteation and Other Info _~n Licensed as a physician in the State of Florida Obtained the following post-bacealaure~e degrees: · Masters in Public Health ("MPH"), Loma Linda University School of Public Health, Loma Linda, CA, 1989 · M.D., Loma Linda University School of Medicine, Loma Linda, CA 19t I Working knowledge of Spanish and l lmlted knowledge of German langnmge~ 08/16/2000 ~ 11:09 FAX ~001/002 ~ C. Pallidoreo ~ D~ Ne. (~1) ~-,~ KELLY & PASSIDOMO, LLP ATTORNEYS AT LAW GREY OAKS BUILDING 2~ ~LDEN GATE P~Y T~ J..XP~ON'E T~U~COPTRR (941)261-3483 (941)261-~71I August 16, 2000 l~vld A. Alb~ Robe~Enrigh~1II Bradford ~, C~rnto 'Mm]~' of Lw~ In Ton.---, CoRier County Board of County Commissionm's 3201 East Tamiami Trail Naples, Florida 34112 Atto: Sue Filson Re: Collier County Community Health Care Planning and Finance Committee Dear Ms. Filson: Plea~ consider t~ds as my application for appointment to the Collier County Community Health Care P 'lzp. ning and Finance CornmAtinee. I currently serve as Chairman of the Collier County Public Schools School Health Advisory Committee and feeA that my background and experience in that capacity would be an azset to the County Committee. Attached hereto is a copy of my resume. Please advise if there is ~my addifiona~ information you may require. Chades M. KMiy, Jr. i.~mig MIdre~ - (dCellvl~dnttniste. mVi 2200 ddmss: Naples, Florida 34102 Tel. 261-1230 AGENDA ITEM if--- - bar K~hieen ~ P-~mldamo e-rural mddrm - koa~si~u~mLc~m 08/16/2000 WED 11:09 FA~ ~002/002 KATHLEEN C. PASS1DOMO, ESQ. 2200 Southwinds Drive Naples, FL 34102 Td. (941) 261-1230 Fax. (941) 26.t-5711 BIOGRAPHY Kathleen C. Passidomo graduated cure laurie from' Trinity College in Washington, D.C, in May of 1975 and received her law degree from Stetson University College of Law in Dccembex of 1978. She is a member of the Florida Bar and the Collier County Bar Association; She is a Florida Bar Board Certified Real Estate Lawyer and received the i990 Attorney of the Year Award from the Florida Law Related Education Association of the Florida. Bar. She is a member of the Board of Directors of Citizeals Community Bank of Florida. Mrs. Passidomo commenced her legal career in Collier County in Octobez 1979 and concentrates her areas of practice in real estate and real estate deve. lopment. She is a parmer in the firm Kelly & Passidomo, LLP. She is a member of the Real Property, Probate and Trust Law Sect/on, the General Practice Section and the Environmental and Land Use Law Section of the Florida Bar, as we. L1 as the Collier County Real Fatate Section of the Collier County Bar Assoc/ation. She served for several years as a member of the Board of Directors of the Collier County Bar Association and is a past President of the Collier County Women's Bar Association. Mrs. Passidomo is active in a host of community activities. She is a graduate of Leadership Collier Class of 1991 and I_,.~tlership Florida Class XII. She is the Chairman of the Colliex County School Health Advisory Board slid the President of the: Colher County 100 Club. She is a past President of the Board of Directors of the Southwest Florida Land Preservation Trust and of The United Way of Collier County. She is a member of the State of Florida District Eight Juvenile Justice Board, and the founding Chairman of the Colher County Juvenile justice Counc'd where she currently acts as the Chairman of the Juvenile Assessment Center Advisory Committee. She also serves on the Board of Directors of Citizens for DRILL Transition, Inc., the Collier County Child Advocacy Council and the Boys and Girls Club Advisory Board, I_n 1991 she received the Girl's Incorporated of Naples-Collier County 'She Knows Whe.~ She's Going" Award and in 1996 she was awarded the Leadership Colher Distinguished Alumni Award. In 2000 she received the Naples .Daily News Citizen of the Year award. Mrs, Passidomo lives in Naples with her husband Johrl, who is slag an attorney, and her three children, Catarina, age 18; France.w.a, age 12; and Gabliella, age 8. R~v St00 AG~/d~ID$ ITEI~ Subi: Undeli~rable: liealii,cam Committee Date: 06/2'3/2000 9:.55:26 AM Eastern Daylight Tn'ne From: postmaste~!~doh. stat~_ff.us To: $Rasnick~aol.=om To: J~enO~f~:~ state. 11. us Subject: Healthca~ Committee Sent:. Fff, 23 Jun 2000 09:55:01 -0400 did nol reach the lallowing recipient(s): JoanCol~.stale. ll. us ~ Fri, 23 Jun 2000 09:55:02 -0400 The recipient name is r~ mcogr, ized The M'IS-ID o~the original message is: c=U~;a= ;p=FLA GOV;~i 1355NGPLBC1Q MSE~H:IM$:FLA GOV:DOH:IRM00SMAIL02 0 (000C05A6) Unknown Recipient Meesage-ID: <a9. 7541694.2684c635~aoL corn> From: SRasnickQtaol. corn To: JoanColf,~ state. I. us Subject: Healthcare Committee Dat~ Fri, 23 Jun 2000 09:. 55:01 4)400 MIME-Version: 1.0 ~laile~. Internet Mail Semce (5.5.2650.21) X-M $-Embedded-Re~x~1: Content-Type: taxt/plain I cle~re to particil~te on th~ next committee and qualify f~r the f~llowing 1. As Pre~iclent of the HeaJth Unden~tem, I am ~ familiar with the co~8e~.~r~.eo of no insur-~t~ce or under insurance. 2. In my business, I routinely deal with creat~ mechanisms for ~nancing 3. I ha~~ly cre/ed acommur~[7 hea/thplan inWaycross, GA. 4. I have dor~ extensive rea~arch into the Hillsix:rough County Plan, one o~ the b~t prograns, nationally, in dealing with the problem of the un/under ~nsured. My n~v e-real addre~ is: st~,,e~}se~,nsured~ans. com Heade~ ReturnPath: <> ~ from dy-zc03.n~.aol. com (~/-zc0~.mail.ad. com [172.31.~3.~J) by ,ir-zc04.m,i!.,ol. com (v74.17) ~ ESMTP; Fri, ~ from im~0smai104.doh. state. I. us 0nnn00smail04.doh.staie.tl.u~ [167.78.1.60~) b/dy-zc05.rt~.aol.com (v74.17) ~it~ ESM'IP; Fd, 23 Jun 2000 09.55:14 20IX} I~c~ by in'nOOsmailO4.doh. state.l.u8 with in(ram4 Mi1 Semite (5.5.2850.21) Jt_lq-213-2131~ 10:3,4 941 zlEL3 ~ 9'?X P.01 INANC ITEM Aua,!,£, 2000 ~2'53PM FiR'ST -L:DR!DA ~ NANCIAL No,3204 P, ? August 12, 2000 Ms. Sue Filson Board of County Commission~'s 3301 US 41 E. Naples, FL 34112 Dear Sue, Enclosed is a copy of my resume for yo~ cor~idmmtion to have me serve on the county's Community Health Planning Committee. I have participated on this committee in the past when it was part of the original FOCUS Heal/hcare Task Force, which now is Collier County's healthcare planning committee. Please fee] flee to contact me at (941) 591-1199, if you have my questions, Sincerely, Wayne S~kamoto I~SUME WAYNE SAKAMOTO, B.A. PERMANENT ADDRESS 2664 White Cedar Lane Naples, FL 34109 (941) 591-1199 EMPLOYMENT EXPERIENCE Present Registered RepresentafiveJPrinciple/Branch Manager Investacorp, Inc., Naples, Florida. Investment & insurance services. 1995- 1996 1993- 1995 Registered Representative SunAmerica Securities, Naples, Florida. Investment & insurance services. Advertising Representative The Naples Daily News, Naples, Florida. Responsible for selling d/splay advertising in North Naples for The Naples Daily' News, a Scripps-Howard newspaper. 1988- 1993 National Sales Manager and Systems Manager, Continuing Medical Education, Inc., Santa Ana, California. Coordinated educational seminars throughout the United Stated for the psychiatric field of medicine. Marketed exhibit space to medical corporations for national trade shows for psychiatrists and allied mental health professionals. Sold advertising for the monthly publication, The Psychiatric Times, on a national basis. DeveIoped and managed the computer network serv/ees. 1987- 1998 West Co~t Account Executive, Interv/ew Magazine, Los Angeles, California. Sold advertishag for a national consumer magaz/ne founded by the late pop art icon, Andy Warhol. PROFESSIONAL ~ COMM-b~'NITY INVOLVEMENT Pl~s~tt International Association for Financial Planning Membership Chair, Southwest Florida Chapter Prese~£ National Association of Health Underwriters President-Elect, Southwest Florida Chapter Board Member, Florida State Assoc. Board Present Human Resource Association of Collier County Member Present Naples Area Chamber of Commerce Membership Benefits Committee Bonita Springs Chamber of Commerce Member 1994- 1999 United Arts Council of Collier County Board member for Collier County's designated arts agency 1998- 1999 Collier County Healthcare Task Force / FOCUS Committee Chair, reviewing healthcare concerns of Collier County & SW Florida EDUCATION CALIFORNIA STATE UNIVERSITY, CHICO Degree,: Bachelor of.arts in Communications and Instructional Technology- 1984 CALIFORNIA POLY'rECHNICAL UNIVERSITY Pomona, Cali~mia. Broadcast/Journalism Program - 1980 CERTIFICATIONS UNIVERSITY OF SOUTHERN CALIFORNIA Corporate Communications - 1985 AUG.l~.2000 ~AT~ .... TO: DEPARTMENT: TELEPHONE: SALOMON SM!T ! BA E~ 375 FIFTH AVENUE SOUTH (94t) 2~63-4555 (800) 237-8686 94t) 253494,,2 AX FROM: ROE:ERT ~. SCHMIDT R~ ~ ~ONSULT~T ME~AGE: H0.336 P.1 .q~rtlea~i~ ~o~r Come I ~n applying for [m~ August 14, 2 ins~u~ions and my d ~,dicatio~ to our co,,~,~,,,~ mala~ zn~ Healthcare and F't~ab.e Com~nittm. Please find below a b~ . Business: I~ yrs. F'm~ncial C Life and Health In Refiremen~ Plau [ Robert J. ~m'ulumt-Syra. Salomon 63, Sctics 65 mm~ce (amui~ in¢lud~ Memb~ :I Education: Rutgc~a Univers'~ '1 I look fi:n*~ud to my d 'onti~ scrvice as a homeowner ant seamhe. s for solarions ~ our h '~l~h care issues. Please ~1 fi'e,e to calllw~g3 ~ t questions or addigomg ~ 2227 Pincwood Ciw, lel Naplea, Fl. ~4105 ~: Titmaas 6. Sckeeider 704 Tarkey Oak Lane Naples, FL 34108. Fax (941)598-2203 Home Phone (941)598-1885 Email Tompat9162(~aol.eom Application for Collier County Health and Planning Committee August 6, 2000 I am applying for membership in the new committee being formed by the Board of County Commissioners. I believe the knowledge I have gained of the local health care environment as the current vice chair of the Collier Co. Health Care Review Committee, combined with my financial and analytical background as a CPA with one of the largest international CPA firms and specializing in serving both life and health insurer and hospital clients makes me well qualified to serve on the newly formed Health Care Planning and Finance Committee. I have included below a brief resume. Resume Thomas G. Schneider Retired as a senior partner of Coopers & Lybrand in 1995: Served clients in several offices over my 33-year career - Pittsburgh, Minneapolis, New York and Des Moines. Served as managing partner of two separate offices - Minneapolis and Des Moines Served in National Office in Accounting, Auditing and SEC Services Specialized for many years in serving as audit partner and business consultant for life & health insurance clients and national insurance brokers Served numerous hospital and other health care clients as audit partner and business consultant Served as Managing Partner of two offices - Minneapolis and Des Moines Moved to Naples area in 1996 and have become active in the community, as follows: Vice chair of Collier County Health Care Review Committee Board member of Greater Naples Civic Association Board Secretary & co-chair of development for Habitat for Humanity Vice Chair and Treasurer of Greater Naples Leadership, Inc. I am a registered voter in Collier County. I look forward to continuing to serve Collier County as it searches for solutions to its access to health care issues. I trust this information is sufficient for this purpose. I can be reached at 598-1885 with any questions of concerns. Very tuffy yours, Thomas G. Schneider ~u& ~. 2ooo t2.46PM NO, 05~8 Michael & Andrea Schroeder 641 Pine Court Naples, Florida $4102 August 16, 2000 Mrs. Sue Fibon Administrative Assistant Board of Collier County Commissioners 3301 Tamiami Trail East Naple~, FL 34112 Application for Collier County Community Health Care Planning and Finance Committee Dear Mrs. Filson: I am applying for membership in the new committee being formed by the Board of County Commissioners of Colher County. I believe my experience the financial services profession, including advisory services to the NCH Healthcare System since 1993, together with my background in the public finance industry would provide the committee with valuable perspective in dealing with the issues the county is facing with regard to healthcare access, delivery and financing. As a 12-year full-time resident of Collier County, a small business owner providing health insurance benefits to employees at rapidly escalating costs, and a tax payer with concerns about issues impacting the County in general, I have an ongoing interest in helping to find solutions that work for everyone. At%r reviewing the attached biographical summary, the committee may reach me at 263-6877 dtwing the day, or 649-4598 in the evening, Michael J. $chro~dex AUG. 16. 2000 '2'47PM NO, vSA8 = 2 Michael J. Schroeder Biographicalinformation&Resume Warmer, Schroeder & Company, Inc. Partner, Chief Investment Officer 1991 - Present Responsible for over-all investment management operations of private investment advisory firm with individual and institutional clients with over $ 200 million in assets under management. Firm consistently ranked in top of peer group of managers for multiple fixed-income styles. USF&G Asset Management Vice President 1989-1991 Managed local office of financial services/investment firm. Miller & Schroeder Financial, Inc. Vice President 1979-1989 Institutional sales and trading tc banks, insurance companies, trust depa~tiaenm; worked extensively with investment bankers/underwriters in structuring and marketing municipal bond issues, many in the healthcare sector, including: Por~ Memorial Hospital, CO; Lester E. Cox Medical Center, MO; Shady Grove Hospital, MD; University of Minnesota Hospitals & Clinics and Loma Linda University Medical Center, CA; Professional Organizations: National Federation of Municipal Analysts Naples Chapter, Financial Analysts Soeie~ Estate Planning Council of Naples Financial Planning Association Assoc. of Investment Management & Research Community Or~infz~tions: Comr~unity Found~on of Collier County Alzheimcrs Support Network Member Program Chairman Assistant Editor, NDN Annual Supplement Member Member Development Committee Member Corninfinity Advisory Sent b~:Jean Tindall ~u~-11-00 OJ:14~m ~rom 251526.~,7}774J602 Page 1 August 10, 2000 TO: Me,. Sue Fil~on, Adminis'tt~ve Axti~ant, Board of County Commission~a FROM: Sames R. Tindali 2 pages including covet' Sent by:Jean Tindal 1 Au9-11-00 05:15em ~ro~ 2515268567~774~602 page Appfieation for Collier Caunty Community Health Care and Plantflag Committee August 10, This is my application for membership to the Collier County Community Health Care and Planning Committee. I am not a health care profenional nor am I exp~enced in financing health care delivery systems; how~¥~, as a private citizen I am d,~'ply concerned abou! health care availabili~ and cost in Collier County, I recently b~ame the Outreach Committee Chair for the Neishborhood H~kh Clinic in Nsples with r~sponsibilities for planning and development, With r~ard to abilities that might make me a valuable member of this Committee, drain8 a 27-year career in the private sector I d~veloped excellent ~kills in: strategic thinking; 1on~-range planning; annual planning; c~ital project evaluation ~:l budf~fing; defining consume~ needs; developing new (or adapting oxi~ting) produrn to better meet consum~ needs; communicating the benefits of these products throush advertising and public rein- flora. I have ted for-profit oq~izatiom of $,000+ employees and $3* Billion dollars in sales and not-for-profit committees as small as three. I enjoy working collaborat_ ive!v ~ith talented. motivated illdividuals_to find innova!i, 'v¢.,..c, ost-effectiv~ m_lmions to complex pr~lems. My wife and I are 55 years oM. We began vacationing in Ns. ple~ in 1974 and have been owned real eatate in Collier County dnce 1985. We e-hose to retire t,o Nnple~ from Chicago four yencs ago and to devote ourselv~ to community service. We are members of Vanderbilt Presbyterian Church. I chaired the Vision:2000 Committee which raised nearly $2 million to pay off debt and expand church facilities. I have provided pro bono consulting services to local entr~reneurs through the Service Core of'Retired Executives (SCORE). I also sere on two volunteer Boards at the University of MichigmL Please call me in Michigan if you would like my further information. Re~ume of Jame~ R. TindaB President and Owner, Tind~tl Associate,, Ii~., Naples, FL Consultants to management in marketing and new produ~$ 1994-!;6 President and Owner, Clothworks, Inc., Chicago, IL Manu~rer of so/t goods for infants 1993-94 Pr~ident, FanMe May Candy Co,, Chim$~o, Fl. 1990-93 President, C.O.O, Con Agra Prepared Food Cos. Omaha, Group Exec for 10 comp~ttues $1+ billion to $50 million in Sales 1970-t990 Pemmnt~..~dres$: 13181 Pond Apple Drive Naples, FL 34119 596-a066 Quaker Oats Compm~y, Chicago, IL President, North American Foods President, Cereals Division Vice President and GM, Fisher Price Toys, North Am Summer Address (6/14 488 Linden Drive Harbor $prins, MI 497 231-526=~4~4 PAX $3~ BRK4NT & GIRARDIN, P.A. C r ed Pu U.c Accoum 3O33 RW'IERA DroVE, SUITE 103 NAPLES, FLORIDA 341O3 (941) 6498484 FAX #: (941) ~49-8482 ~nudl; Brlm-Glrar~n~ SERVIC~ PROVIDED BY OUR FIiLM INCLUDE: F[uanc~ Stammm~ Audit Review Comp~a~on Cotpoet/on Proprietor Individuel TO: Sue Prison FAX # T'/&8865 FROM: Carol. E, Girardln, CPA DATE: Augu~ 21, 2000 RE: Healfiw, ar~ Comntiu~ Number of pages includ/ng cover p~: 2 R~marks: Per your r~luest,/reached please find · copy of my resume. I apolog~ for th~ delay in sending the information, w~ have had som~ staff turnover and tt~ini-~ ~W Staff ha~ ~ my priority over th~ last ~ w~ks. If you have any questions, please do oot hesitat~ to cornact me. Thank you, P~!vfle~ed/C,a~fid~-~m,,m ir~brmation may b~ contain~ in th/s fi~tmtle and i~ ~ only for tIz u~e of the ad~, If you ar~ not the addressee, or the person r~pomibl¢ for delivering it to th~ person addressed, you may no~ copy or ~liv~r this to anyore els~. If you receive this facs/mile by ~, please ~ us itlttl~iamly by ml~phoI!e. CAROL E. GIRARDIN, C,P.A, Ms. Cdrardin has been a resid~t of Naples for iwe~t~ years. $h~ has twenty-two ),~rs of a~,,ounti~ and ~x ~i~r~,, with omph~ towards/railviduals, nonprofit o~an/zations, and r~al estate. Ms. C3irardin p'adua~ ~ Cure Lataie in 197~/~'om tlz Univ~.sity of Teraessee with a Bsch=lor of Sd~rio~ de~r~ and a m~jor in Acoounti~, She is active in civic professional ~d ~ons tnci~lin/th~ American and Florida Institu~ of Ccri/fied Public AccouriC. She is Pr~id~t of the Forum Club and a board m~mb~r of the Cons~rvanoy. Csrol Girardin ~ also served as Presid~ of the Naples ar~a Chamber of Comm~. AOENDA ITEM ~:~ ~, ~ ~fl~ F. iB/~:t ~ ~d NI(i~l~d~tI~lNt~I~t8 FROM : TIMOTHY S DAUIS DDS PA FAX NO. : 941 649-1312 Au@. ~4 ~000 05:01PM Timothy $. Davis, D.D.S., PA. PE~JODONTICS · IMPLANTS August 24, 2000 Collier County Health Department 330l E. Tamiami Trail, Bldg H Naples, FL 34112 ATTN: Sue Filson Dear Sue; Per Susan Craig's request, I am sending a copy of my cumculum vitae I am currently the President of the Collier County Dental Association and am very interested in making the Collier County Health Department's Dental Clinic a reality. Pieme let me know' how our association can assist in this process. Timothy S. Davis, D.D.S., P.A, TSD/ra AP~:.hN)A n'EM FROM : TIMOTHY S DRUIS DDS PA FAX NO. : 941 64D-1312 Ru9. 24 2000 05:02PM P2 CURRICULUM VITAE Timothy S. Davis, D.D.S., P.A. 4089 Tamiarai Trail Noah, Suite A-101 Naples, Florida 34103 (941) 649-7766 PERSONAL Birthdate: Jane 9, 1958 Birthplace: Omaha, Nebraska Markal Status: Married with three children EDUCATION Augu.~ 1976 to May 1980 Texas Christian Uaiv~csity, Fort Worth, TX Bachelor ofBusiaess Admiaiscratioa - Markethag August 1982 to May 1986 Uaiversi~. of Nebraska Medical Center, CoBege of Dentistry, Lincoln, Doctor ofDeatal Surgeoj Degree. July 1987 to Ame 1989 Louisiana State University Medical Center, School &Dentistry, New Orleans, LA. Certificate in Periodontics. RESIDENCIES/INTERNSHI PS March1986 C~neral Dentistry Extemship, North Dakota Sta~e Mental Hospital, GraRon, North Dakota July 1986 to June 1987 Geaera! Practice Resident, Saint $oseph Hospital, Denver, CO. PROFESSIONAL AWARDS AND AFF~TIONS June 2000 to Present President, Collier County D~tal Association Juae 1999 to Present President-elect, Collier Cottory Dental Association FROM : TIMOTHY S DAVIS DDS PA FAX NO. : 941 649-1312 Au9. 24 2800 05:02PM P3 I999 to Present 1998 to 1999 1997 to 1998 July 1995 to Present ]role 1987 to Present December 1987 May 1986 Founder, The Naples Study Club Secretary/Treasurer, Collier County Dental Association Program Director, Collier County Dental Association Advisory Board Member, Edison Comm~_!nity College Dental Hygiene Program Fellow, American Association of Hospital Dentists Recipient, Outstanding Table Clinic Presentation, Deaver Winter Regional Dental Meeting. Recipient, Annual Student Aware of the American Academy of Periodontology recogni~,g Outstanding achievement in Perledearies. MEMBERSIllPS American Dental Association American Academy of Periodontology Florida Soci~y of Periodontists Southern Academy of Periodontology Am,rican Association of Hospital Dentists Florida Dental Association West Coast Dental Association Collier County Dental Association American Acadeany of Oral Medicine FROM : TIMOTHY S DAUIS DDS PA FAX NO. : 941 649-1]12 Au9. 24 2000 RESEARCH EXPERIENCE ~u_ly 1987 to Proseat $uly 1989 to September 1991 October 1991 to Present Primary Investigator, "A I-Iistologic Comparison of the Osseous-Implant Interface Utilizing the Micro-v~t, (HA Coated and Non-HA Coated), and The Integral Deutal Implant Systems". EMPLOYMENT EXPERIENCE Associate, Jeannie Morat~ D.M~D. Naples, Florida Private Practice in Periodonfics Sole Proprietor HOSPITAL PR/VELAGES 1990 to Present STATE LICENSES December 1988 to Present Naples Cotnrm~.nky Hospital Courtesy Stale SENATOR BURT L. SAUNDERS 25th District The Honorable Pamela S. MacKie Commissioner, District 4 Board of Collier County Commis: 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioner MacKie: THE FLORIDA SENATE Tallahassee, Florida 32399-1100 COMTES: Ethics and Elections, Chaimmn Budget - Subcommittee on Health and Human Services Health, Aging and Long-Term Care Natural Resources JOINT COMMITTEE: Everglades Oversight During the last legislative session, the Florida Legislative fully committed it's resources to the restoration of the Florida's Everglades. I have served as the Senate spokesman for the restoration effort and drafted legislation providing State funding. After many months of negotiations, it appears the United States Congress is now prepared to commit 50% share of the cost of this 30 year restoration effort. Many of the restoration projects will have long term impact on Collier County. It is important a representative of the Collier County Commission be designated as a key contact for the County. Having been a leader on environmental issues for a number of years, I hope you will be willing to serve as the key cont~._.g914~.r.~n. ~ would be greatly appreciated if the County Commission could designate yo..u as. the Evades Restorat. ion .key~.conta.ct person for the County Commission. Though~ _th.i_s. will not be thx~ consuming, it will require your attendance at meetings where the interest of Collier County residents~ Thank you for your consideration.~"-'~'~ Very truly yours, State Senator, District 25 REPLY TO: O 3.301 East Tamlami Trail, Administration Building, Suite 304, Naples, Florida 34112 (941) 417-6220 ~ 1039 SE 9th Place. Room 120 A & B, Cape Coral, Flodda 33904 (941) 338-2777 ~ 326 Senate Office Building, 404 South Monroe Strae*~ Tallahassee, FIo~da 32399-1100 (850) 487-512, Legislature's Website: ht~'~/www. leg. ggate. fl. us TONI JENNINGS President WILLIAM G. "DOC' MYER: President Pro Tempore AeENDA rrEM NO. ,/~ Pa. / EXECUTIVE SUMMARY APPOINTMENT OF MEMBER TO THE WORKFORCE DEVELOPMENT BOARD, REGION 24. OBJECTIVE: To obtain Board approval for the appointment of 1 member to the Workforce Development Board, Region 24, previously known as the Southwest Florida Private Industry Council, Inc., Service Delivery Area #20. CONSIDERATIONS: An intefiocal agreement among Collier, Charlotte, Hendry, Glades, and Lee Counties designates the Collier County Board of Commissioners to confirm appointments to the Workforce Development Board, Region 24, from nominations submitted by organizations according to the Job Training Parmership Act. This board is a partnership between business, labor, education, community, and government services to ensure that a skilled workforce is available to the regional economy it serves. The W0rkforce Development Board, Region 24, is composed of 45 members representing the private sector, education, organized labor, rehabilitation facilities, community based organizations, economic development and public employment service. The Board also oversees and provides policy guidance for programs funded through the Job Training Partnership Act (JTPA). A list of the current membership is attached for your review. Mr. Joseph Patetoo, Executive Director for the Workforce Development Board, in a letter dated August 8, 2000, has requested confirmation of the following appointment: 3 year term: representing the private sector of Collier County: Dr. Ursula Pfahl, Vice President of Marketing, Public Relations, and Community Relations Yarm'on Jewelers 1300 3rd Street South Naples, FL 34102 Telephone: 261-7707 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners confirm the recommendation for appointment to the Workforce Development Board, Region 24, expiring on june 30, 2004, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Date: Sue Filson September 12, 2000 AGF. t~:)A ITEM 08x28x2~0 1~:57 SWFL WORKFORCE DEUELOPMENT BOARD ~ ?743602 N0.643 Q02 · · DEVELOPMENT I~OARD, iNC. STEVE PERSONETTE, 2431 I Walden (:enter 1)rive. Suite 2110 Botma Springs, FJorid:l 34134 PhoJ~c: 94 ] ~x: 941-948-3359 JOE PATERNO, t:~'mti.c Director Augu~ ~, 2000 Commieeion~ Pam Mac'Kle Collier County I~oard of Commls~ione~ 3301 Tamiami Trail East Naplee. F[odda 34112 Dear Commieeloner Ma~'Kie, On I~half of the 5oul~hweet Florida Wet,orca Development l~oard. Inc., I am ~ubmi~,ting for your concurrence the fetiDwin0 in~/Jvidual for appointment to the Workforce Developmen= Board, Region 24: Dr. Ursula Pfahl Vice President of Markstin0. Public Relatione, and Community Relatione Yamton Jewelers 1300 3~ Street 5ouCh Napte~, Florida 34102 T~tephon~. 261-7707 Dr. Ffahl will repreeent the private cotter of Collier County on the Board. and her t~rm of office will be in acco~danc~ ~ith our Workforce Inveetment, Act Five Year Plan. Dr. Pfahl wee nominat~d by the I~oard of Directors of the Economic Development Council of Collier County. t~ fill a prival~ sector 5eat vacancy du~ t~ the resignation of Mr. Thomas le, II~y. Owner of the Artleane' Guild of Naples. Your concurrence of ~hle appoin~nent would be appreciated. Executive JF/etm AGENDA Serving Charlotte. Collier, Glades, Hendry and Lee Chunties Florida Telephone Relay Sysrmn - TTY 1.800-955-8771 - Voice !-800-955-8770 08~29x2000 09:50 SWFL WORKFORCE DEUELOPMENT B[~ 24311 WaLden Center Drive, Suite 200 Bonita Springs, Florida 34134 Phone: 941-992-800 Fax: 941-948-3359 STEVE PERSONETTE, President JOE PATERNO. t&'ecutive Director FAX ~ FAX ~ FAX ~ FAX · FAX · FAX · F/0{ · FA~ · FAX · FAX ~ FAX · FAX · FAX · FAX · FAX · FAX To: ~ue FIl.~on Fax #: 77~--~02 .from: Eliooa Melchiore August 29, 2000 Agenda Back-up for Dr. Pfahl's Appointment Pages (Includes Cover Page): 7 Here are the documents that you re¢[ueste~l: 1} Narrative about our Board 2) A current mailing list of our Board of Directors Also, Dr. Pfahl'e term will start as soon as she ie appointed, and it will expire on June 30, 2004. THANK YOU :) AGENDA FrEM No. Sc~ing Charlone, Collier, Glades, Hendry and Lee Counties Florida Telephone Relay System - TTY 1-800-955-8771 - Voice 1-800-955-~770 08/29x2000 09:5~ SWFL WORKFORCE DEUELOPMENT BOARD a 774Z602 N0.650 Q02 ~8x29~2~0 09:S0 S~FL ~ORKFORCE DEUELOPMENT BOP~D a ??~60~ N0.650 ~0~ ~'EVE PERSO'NETTE, Preddent 24311 Walden Center l}rive, Suite 200 Bonita Springs, Florida 3413/ Phone: 94 t -992-80(, Fax: 941-94g-3359 JOE PATERNO, E~ecutiw' Director Charlotte County L~vi~ Alber~ Tarpon Coast National Bank 1490 Tamiami Trail P~ Charlot1~, Fl. 33948 Phone: 941-629-~111 Fa~. 9~1-~25-1~2 'Dr. K~lth Mathewe Charlotte County Public School~ 1~3 Education Way Pt. ChaHotte, Fl. 33948 Phone: 941-255-0808 Fax: 941-255-7573 Don Aehley 366 E. Olympia Avenue Punta Gothic, FI, 33950 Phone: 941-639-6600 Fax; 941-039-6115 Dr. Max Schmidt Charlott~ County School~ 1445 Education Way Pt. Charlotte, Fl. 33948 Phone: 941-255-0/~D~ Fax: 941-255-7571 Charlo1;~ County Wa~.,e Manaoeme111~ 2~0~d~ Harbo~i~w I~oad Charlotte Harbor, Fl. 33980 Fhon~. 941-627-1318 Fax: 941-024-3394 Betty William~ Economic Development Coordinator 1600 Tamiami Tratl, Suite 100 Pt. Charlotte, FI, 33948 Phone: 94t-627-3023 Fax: 941-627-6314 I~dan Lanouville ~TAR 525 I~owman Te~ace I~. Chadotte, Fl. 33953 Fl~ona: 941-029-5055 Fax: 941-624-5241 Serving Charlotte, Collier, Glades, Hendry and Lee Counu,'s FIorida'[i:lephonc Relay System -TTY 1-800-955-8771 - Voice 1-800-955-8770 ~8x29x21;~0 09:50 SWFL WORKFORCE DEUELOPMENT BOARD ~ ?743~2 N0.650 Q04 M,~mJ Ellen Kelly NCH H~alth Care 5y~t,~m ?.0. [Sex 413029 Naples, Fl. :5~101 Phon~. 941-43~-5107 Fax: 941-436-5~77 Lar'r'y LKcl; Lorenzo Walker Inetitu'C.e of Teohnoloa. y 570'2 Eet~3, Avenue Naplee. Fl. 34104 Phon~ 9~1-,~50-~900 Fax: 941-450-~924 Llea L o'er, es Qua rice & Brady 4~01 Tamara[ Trail North, 5ult~ 300 Naplee, El. 34103 Phone: 0~1-2~2-5959 Fa)c 941-434-4999 dim McGr~jor Carpentere Local Union 1641 3427 En~rpriee Avenue Napl~e, Fl. ~10~ ~hon~: ~1-~45-5500 Fax: ~1-~5-5510 EDC of Collier County · ~050 N. Horeeehoe Dr., 5u~e 120 Na~es, Fl. ~104 Phone: ~1-2~5-b9~9 Fax: ~1-2~3-~021 D~. l~obert, e & Company 3D2 Dread Avenue South Naples, Fl. 34.102 Phone: 941-201-24-2~ Fax: 941-2®1-~709 Collier County Frank Eo~rtgumz I~T, National Dank of Naplee 900 Goo~l~'t;~ l~oad Noah Napier, FL ~102 Fhon~: ~1-~-7~3~ Fax: ~l-&~b-7~29 Dr. Lou Tralna Inl:~rnatlonal Cofi~je 2654 Tamlaml Trail Eael; Naples, FL ~112 Fhon~: ~1-~4~700 Fax: *Dr. Fre~erlcl< t~. Tu~Cle, Jr. Lorenzo Walker Inetlt, ut,~ of T¢ohnolooy 3702. Ee~y ~wnue Naplee, PI. ~10~ Phone: 9~1-450-~900 Fa~ Dr. Dan White Collier County Public 5choole 3710 Early Avenue Naplee. Fl. 34104 Phone: 941-643-2700 Fax: 941-430-Fo451 AGENDA rrEM 08x29x21;~0 /- 09:50 SWFL WORKFORCE DEUELDPMENT BOARD a ?74~602 *Dr. Howard I~en~man Hefld~j County School District ?.0. Dox LaB~1I~, FL Fhon~: ~3-9~3-1511 F~: ~3-9~-1~17 Gladee/Hendry County N0.650 ~05 Ga~ Cla~ Glad~ Count'~ School P.O. Box 459 Moore Haven, Fl. 33471 Phone: 8~-946-20~3 Fax: 'Sonny HughDe Glmdoe CouMt~i School OfetHct P.O. Box 459 Moor~ Hav~rl, FI, 33471 Fax:/~03-946-1§29 David Lyons Lyon~ Pdnting P.O. Box 510 Cidwilton, Fl. 33440 Phone: 8~3-9~3-6753 Fax., ~3-9&3-2007 Michael Vineon, St, Gladlee Electdc Cooperative P.O. !~ox .519 Moere Hav~n, FL P~o~: 1-600-226-~24 F~: 1-~3-~-2150 09:50 SWFL WORKFORCE DEUELDPMENT B[]~D a ??43602 N0.650 Liz ^lpe~ Daa~er North America CorFora~.ion 12780 Wce~linke Drive F~ Myers. FI. 33913 Phone: 941-561-3600 Fa~ 941-768-8136 Fra, Gibbons Childre, & Family Dervices 229~ Victoria Avenue. 2n~t Floor Ft. Myers, Fl. 33901 Pho~e: 941-338-1454 Fax: 941-338-1443 Dr. E~uce Ha~cer Lee County School I~oard 2005 Central Avenue F~.. Myere. Ft. 33901 Phone: 941-337-8301 Fa~ 941-337-/~378 I~&ren Hawee Lee County Community Action Agency 83 ?andella F, oad, Suite 1 North Ft, Myore, FI, 33903 Phone: 941-656-7930 Fa~ 941-~5~-7960 Clar~ Hill Hilton Napl~e ~nd Tow~r~ 5111Tamlami Trail Noah NaFI~.~. Fl. 34103 Fhoec: 941-430-4900 Fa~ 941-430-4901 Eot~ Janae 1203 I~ittlwake Circl~ 5a~il~l. Fl. ~39~7 ?ho~e: 94t-472-5061 Fa~ 9~1-472-9761 George I(rahn Div. of Wart(force & Employment Opportunitie~ 24311 Walden Canter Drive, Suit~ 200 Bonita Springe, Fl. 34134 Phone: 941-992-8000 Fax: 941-948-3359 Dr. William Metwin Florida Gulf Coast Unlver~ty 10501 FGCU l~oul~vard South Ft. Myers. FI, 33965 Phone: 941-590-1055 Fax: 941-~90-1059 'Paul Monagan Edison Community College P.O. l~ox 60210 Ft. Myers~ Fl. 33906 Phone: 941-489-9270 Fax: 941-489-9418 Ms. Melvin Morgan 2196 Pauldo Street Ft. Myers, FI. 33916 Phone: 941-332-0092 Fax: 941-332~:)092 (call first) ~t~ve ?erson~tte Sprint Box 370 Ft. Myers, Fl. 33902 FLFTMC0501 Phone: 941-335-8201 Fax'. 941-334-0583 AGENDA rm.M 08x29xL~ 09:50 SWFL WORKFORCE DEVELOPMENT B[]~RD a 9945602 N0.650 ~07 'Dr. Ger~la ~choen~eld Fbr(~ts Gulf Coast University 10501 F~CU Doul~ara 5ouCh ~hons: ~1-590-7388 Fax; ~1-590-~30 Dr. Ir, enn~'r,h Walker E~i~on Community Colleoe P.O. !~ox 00210 F~. !viyer~, FI. 33906 Phone: 941-~9-9211 Fax: 9~1-489-0341 Loui~ Walker 2995 Lafayett~ St, feet Fo~ Myers, Fl. 33916 Phone: 941-337-3303 Fax: 9~1-337-2411 Janet Watermeier EDC c~ Lee County 21/~0 W. First Street, Suite 306 Pt. btyer~. PI. 33901 Phone; 941-338-3161 Fa~ 941-338-3227 Mary Warford Vocational Rehabilitation Service~ 3745 Droadwa3/, 5u;t~ 203 Ft. Myers, FI, 33901 Phone: 941-27~5-7317 Fax: 941-278-7255 Leah Whlt~ 23500 Peachland Doulevard Pt. Chartotto, Fl. 33954 Phone: 941-27/5-1311 Fax: 941-764-1208 Lee County 'Jim Whittamore School Dietrict of Lee County 3800 Mlchloan Avenue Ft. M.~/er~, Pt. 33916 Phone: 941-334-6221 Fax: 941-332-1939 Attachment E, Collier County Staff Comments CoLLr COUNTY CO~ DEVELOPM~N'r AND ENVIRO~NTAL SERVICES DIVISION ~..ALT~CO~ SERVICES BLDG. 3301 E. T~,MTAMI TR, 1VAPr.~'-,~, FLORIDA 34112 L~ ~ U.S. Fiah and Wfldli~ Service,~ C_gO TAMU -CC 5300 Ocean Drive -Box 33g Corpu~ ChrL~ TX 7B412 KE: Proposal D~t~mimfion of Critical l~bila! for W'nmmng Piping PIo~ Augu~17,2000 mstric~ g:~.~s m certain ar~as to ~ J...~a~ Tern nca~ng ~ We belic~ tl~ ~ic accms can ram om~ ~ ~ NRD Ffl~ (941) (941) (941) (941) 7~2-2505 (941) 41m.~ No. '~L ~ RESOLUTION NO. A RESOLUTION OPPOSING THE DESIGNATION OF THE MARCO ISLAND BEACH AS A CRITICAL HABITAT FOR THE PIPING PLOVER WHEREAS, the U.S. Fish and Wildlife Service (USFWS) has proposed the designation of the entire length of the Marco Island beach as critical habitat for the piping plover pursuant to the Endangered Species Act of 1973 (Act); and WHEREAS, the impact of the designation of the Marco Island beach under the Act as critical habitat could result in adverse impacts to the use and enjoyment of the beach by Marco Island residents and visitors; and WHEREAS, the designation could result in the restriction or elimination of activities vital to the community of Marco Island, such as: beach renourishment, stabilization and cleaning; dredging; recreational activities including passive access and use; and WHEREAS, the USFWS has not performed an economic analysis of the impact of this designation on the community; and WHEREAS, the beach, its use and enjoyment are crucial elements of the human and natural environment of Marco Island; and WHEREAS, restriction of access, use and enjoyment of the beach would have a severely detrimental effect on the citizens and businesses of Marco Island; and WHEREAS, the USFWS is soliciting comments from municipalities as to the impact of the designation. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Collier County, that the County opposes the designation of the beaches on Marco Island as critical habitat for the piping plover, whether said beaches are publicly or privately held. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida endorses the efforts of the various non-governmental groups and organizations that are opposing the designation of the beaches as critical habitat. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida shall take measures to ensure that this resolution and the fact of the County's opposition shall be transmitted to the USFWS and appropriate legislative and executive branch members. This Resolution adopted this__ motion, second and majority vote. day of _, 2000 after ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'By: Approved as to form and legal sufficiency: David C. Weigel County Attorney Timothy J. Constantine, Chairman A(3ENDA I~EM No. l~r-~ ~. SEP 12 2000 PO...... C"~ Coltier Gcunty Sqeriff s Office 3301 TamJam~ Traii East Bui!d~ng "J" Naples, FL 34112 Te!epl one (AC 941) 774-~434 August 14, 2000 Mr. Thomas Oliff Collier Coumy Government Complex 3301 E. Tamiami Trail, Bldg. F Naples, Florida 34112 Dear Mr. Oliff: I would like to initiate the process of establishing a Collier County Ordinance to prohibit the retail sale of handguns without a thee day waiting period. After considering changes in the federal firearm laws, I believe it would be in the best interest of Collier County residems, and would promote the health and welfare of those citizens if Collier County established a waiting period of three working days between the purchase and delivery of handguns that are purchased at retail establishments. ! respectfully request that you place this issue on the Board of County Commissionefts agenda for consideration as soon as possible, and as part of that request, I ask the Board of County Commissioners to direct the County Attorney's Office to draft an appropriate county ordinance establishing the waiting period. I believe a waiting period of three working day between the purchase and delivery of a handgun as allowed by Florida Statute {}790.33 would be appropriate. The waiting period would likely reduce the number of handgun related crimes, and reduce handgun violence in. Thus, the waiting period would be in the best interest of the community. Please notify my office if and when my presence would be necessary to address the Board of County Commissioners on this issue. Further, please contact my office if we can be of any assistance drafting the ordinance. Colli~ C~orida The Florida Statutes Page 1 of 2 The 1999 Florida Statutes View Statutes Order Statutes Online Sunshine Print View Title XLVI Chapter 790 View Entire Chapter CRIMES Weapons and Firearms 790,:33 Field of regulation of firearms and ammunition preempted.-- (1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited. (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-- (a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection. (b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows. (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02. (d) The following shall be exempt from any waiting period: 1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license; 2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in; AGENDA I~M' No.~ ~t SEP 12 2000 http://www.~eg.state.~.us/citizen/d~cuments/statutes/StatuteBr~wser99/inde.../SEC 3 3.HT 08/22/2000 The Florida Statutes Page 2 of 2 law enforcement or correctional officer as defined in s. 943.10; 4. A law enforcement agency as defined in s. 934.02; 5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or 6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement. (3) POLICY AND INTENT.-- (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b) As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act." History.--$s. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183. A(~NDA ITEM' No. }~ 2ooo- http://www.~eg.state.~.us/citizerdd~cuments/statutes/StatuteBr~wser99/inde.../SEC33 .HT 08/22/2000 EXECUTIVE SUMMARY PETITION PUD-2000-09 BRAD HEDRICH, P.E. OF HEDRICH ENGINEERING INC., REPRESENTING MERIDIAN LAND CO. REQUESTING A REZONING FOR PROPERTY CURRENTLY ZONED "A" RURAL AGRICULTURAL, "RSF-3" RESIDENTIAL SINGLE FAMILY AND "ST" OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MADEIRA PUD FOR A MAXIMUM OF 438 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY 3/n MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 145.93 +/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Rural Agricultural, "RSF-3" Residential Single Family and "ST" Special Treatment Overlay to "PUD" Planned Unit Development for the purposes of developing a residential development on 145.93 +/- acres, providing for development tracts consisting of detached single family and attached single family development areas, a community recreation area, preserve and lake areas and street right-of way. CONSIDERATIONS: ,~....It is important to note that the petitioner resubmitted the PUD zoning request on August ! 8, 2000 with hanges. The revised PUD Master Plan indicates that a portion of land (approximately 20,000 square feet) which directly abuts the northern terminus of Euclid Avenue is no longer under consideration for rezoning as part of this request, therefore the project no longer abuts Euclid Avenue. Since interconnection with Euclid Avenue is, at this point in the rezoning process, physically impossible for the petitioner to achieve, staff has revised its recommendations accordingly, by way of this Executive Summary. It should be noted that staff has consulted with the County Attorney's office and has been advised that this change does not necessitate a re-hearing in front of the Collier County Planning Commission. It is staff's understanding that at the hearing held before the Planning Commission, the issue of interconnection with Euclid Avenue was discussed, and subsequently dismissed by the Planning Commission as is evidenced in their recommendation for approval of the project, without specific reference to a recommendation for interconnection with Euclid Avenue. Additionally, the applicant has amended the Master Plan to indicate the designation of a future vehicular and pedestrian interconnect along the northern boundary of the site. The petitioner proposes to develop the property for a maximum of 438 single family, zero lot line and two-family attached dwelling units at a density of three dwelling units per acre. The petitioner proposes a gated community with private roads, and a central recreation center that will provide for active recreational facilities for the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the middle of the project from the northeast to the southwest. The importance of the slough is of significance in both environmental and surface drainage ~_..areas. The design of the project attempts to minimize crossings of the slough while preserving the 1 AC~..D~)A ITEM $EP 2 2000 natural sheet flow of the slough. Access to the Madeira PUD is proposed from the future Livingston Road, just north of Immokalee Road. Approximately 100 acres of the site are presently zoned RSF-3. ~"'he RSF-3 zoning district allows the development of single family dwelling units at a density of 3 dwelling units per acre, which allows approximately 300 dwelling units to be developed as currently zoned. Surrounding properties to the south and west are also zoned RSF-3 and are presently developed with single family dwelling units. The northern portion of the site (45+/- acres) is zoned "A", Rural Agricultural. The Rural Agricultural zoning district within the Urban Residential Mixed Use land use classification of the Future Land Use Map is generally considered a "holding" zone, until urban densities are requested through rezoning actions. The Agricultural zoning district allows single family dwelling units to be built at a density of one dwelling unit per five acres. If the property were developed under the current zoning of"A," a total of approximately nine dwelling units could be constructed. As a result of PUD rezoning approval, the net increase in allowable dwelling units over the entire site will be approximately 135 units over what is currently permitted under the existing zoning. PROS: The FLUE allows a base density of 4 dwelling units per acre in the Urban Mixed Use Residential Land Use classification for which density may be added or subtracted based on the location and characteristics of a development. The subject petition qualifies for a base density of 4 dwelling units per acre with no allowable density bonuses or required density subtractions. The petitioner is requesting a project density of 3 dwelling units per acre, which is one dwelling unit less than what the petition qualifies for under the FLUE's density rating system. Therefore, the requested density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE. The proposed development of the site is compatible with abutting projects, which have been developed at similar densities and similar housing -- 'pes. The proposed development standards for the project are similar to the residential district zoning otandards which most closely characterizes the uses authorized by this district. Building heights for all structures on site are limited to 35 feet, which is comparable to the existing development on properties abutting the site to the south and west. CONS: Interconnection at this site with the neighboring properties to the south and west is possible. Existing conditions relative to the location of the site's boundaries and proximity to abutting land uses, results in physical limitations which preclude the ability of the project to achieve functioning interconnectivity between projects, and to fully comply with the intent of Policy 9.3 of the Transportation Element. The subject site has complex environmental and stormwater drainage issues that need to be carefully monitored and evaluated during subsequent development phases to insure protection of existing animal species and to insure protection of neighboring property owners from flooding. Regulations in the PUD document, the required local, state and federal permitting processes coupled with staff,s recommendations for rezoning approval should sufficiently address those concerns. 2 SEP 2000 P~. ,~ FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · BuildingCodeAdm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since this project proposes 438 units, the total amount of residential impact fees collected at build-out will total $1,155,890.00. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Mixed-Use Residential Land Use classification as designated area on the County's Future Land Use Map. The Urban Residential Mixed-Use district is intended to accommodate the majority of the County's population growth and allow for new, and 3 AGENDA ITEl,, / $EP 1 2 2000 intensive land uses. Allowable land uses include a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject --qetition is for a residential PUD, for single family, zero lot line and attached single family development, ~hich are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE). Specifically, this petition can be considered consistent with the following Policies of the Future Land Use Element: Policy 5.1 which requires all rezonings to be consistent with the Growth Management Plan. Policy 5.3, which discourages unacceptable levels of urban sprawl by confining urban intensity development to areas designated as Urban on the Future Land Use Map. Policy 5.4, which requires new developments to be compatible with and complementary to surrounding land uses. Policy 5.5 which encourages the use of existing land zoned for urban intensity before permitting development of other areas and Policy 5.6 which encourages the use of cjuster housing and Planned Unit Development techniques to conserve open space and environmentally sensitive areas, therefore, it is consistent with the FLUE. The FLUE allows a base density of 4 dwelling units per acre in the Urban Mixed Use Residential Land Use classification for which density may be added or subtracted based on the location and characteristics of a development. The subject petition qualifies for a base density of 4 dwelling units per acre with no allowable density bonuses or required density subtractions. The petitioner is requesting a project density of 3 dwelling units per acre, which is one dwelling unit less than what the petition qualifies for under the FLLTE's density rating system. Therefore, the requested density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE. Traffic: he ITE Trip Generation Manual (5tt~ Edition) indicates that the proposed project will generate 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test ~tandard for any segment oflmmokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30, 879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the Transportation Element. PoIicy 9.3 of the Transportation Element states that the County shall encourage the interconnection of local streets between developments to facilitate the convenient movement throughout the local road network unless such action will promote through traffic. Interconnection at this site with the neighboring property to the south and west is possible. From a traffic circulation standpoint interconnections to the south and west will provide an altemative access to Immokalee Road and direct SE? 1 2 2000 access east to U.S. 41. Direct access to U.S. 41 by connecting to the north and west may be difficult to achieve since the property to the west (Imperial Golf Estates) is a developed, gated community with private roads. The northern boundary of the subject site abuts intervening property between the developed portions to the west (Imperial Golf Estates) and the subject site (see following page - attached site map). There is an existing platted, road stub-out from Imperial, which abuts the intervening property. There is evidence of existing access easements along the northeastern boundary of Imperial, across the western portion of the intervening site, and across the northern portion of the subject site. An interconnection from the subject site to the property to the north to create a secondary access point from the site to an east-west road, in staff's opinion, will not further the intent of interconnection as described in the Transportation Element, unless access through Imperial is provided to the subject site. If access is not provided west, an interconnection to the north will merely provide a second means of ingress and egress to Livingston Road for residents of the subject site. It is important to note, however, an east-west road from Imperial, across the intervening site and the subject site will provide a direct route west to residents of Imperial, allowing them direct access to Livingston Road. To this end, the Board should consider, through subsequent rezoning actions or other mechanisms, the possibility of establishing a secondary access for the Imperial community. As an aside, the Board may want to consider amending the 2020 Transportation Plan to create a public north/south local or collector route, through the site to the north, to the future east/west corridor of Livingston Road. An interconnection of the subject site at its northern boundary to this type of road will serve to further the intent of Policy 9.3 of the Transportation Element. The limiting factor again would be the fact that the proposed project is a gated community with private roads; a secondary road system with interconnection between projects will be difficult to achieve without a public road through the subject site. The PUD Master Plan indicates that the project indirectly abuts the northern terminus of Euclid Avenue on the western portion of the project, and indirectly abuts (through intervening property) the northern terminus of Lakeland Avenue on the eastern portion of the project. Lakeland and Euclid Avenues are existing, local public roads which serve primarily to carry traffic from the Willoughby Acres subdivision and surrounding areas, south to Immokalee Road. Direct interconnection of the subject site to either one of these roads is not possible at this time, however, an amendment to the PUD Master Plan indicating an interconnection to the intervening property to the south, will further the intent of Policy 9.3 of the Transportation Element. Interconnection to the south to join Lakeland Avenue may be difficult to achieve. Separating the subject site and Lakeland Avenue is a large, developed, unrecorded subdivision commonly known as Armadillo Estates. Access to this subdivision is provided via access easements from Lakeland Avenue. The ownership, existence and recording status of these access easements is questionable. Because the property is already zoned and developed, it is unlikely that further zoning actions will occur on the property, thereby allowing the County to exact the necessary right-of-way to connect the subject site to Lakeland Avenue. Interconnection to the south towards Euclid Avenue is a more logical point of interconnection between the subject site, the intervening property and the Willoughby Acres subdivision. The intervening property between the subject site and the northern terminus of Euclid Avenue is presently undeveloped, although it is zoned RSF-3. Both Euclid and Lakeland Avenues, although they are considered local streets, are designed and function in a manner similar to a Collector roadway. Both streets act as "spine" type of roads through the Willoughby Acres and abutting subdivisions. Both Lakeland and Euclid Avenues run in a north/south direction. There are approximately nine local streets 5 SEP 1 2 2000 '. . ~ .... '"'"' !_: ~ ..... . - ~ ...... AVE. ' ' '~' ..,.:.........:. ~ r CH~N~lIN~,:.... . · /~ .... .. ,~ ~ ~~.-,'..... A~ r 0 o ~ z ~,, ~ ~ ~E. 1 2 2~)00 ; -.'pg.. that intersect Euclid and Lakeland Avenues in an east/west direction. Approximately three driveways leading to single family residential structures take their access directly off of Euclid Avenue and approximately three driveways take direct access offof Lakeland Avenue. The majority of the existing dwelling units' driveways access one of the nine side streets that intersect Euclid or Lakeland Avenues. Unlike similar subdivision layouts such as Naples Park where driveway access is taken directly off of local streets which function as collectors, this type of roadway design facilitates the smooth flow of traffic and lessens safety concems due to increased traffic as a result of interconnection with the subject site. In this type of design, local activity commonly associated with single family residential neighborhoods tends to occur on side streets where traffic speeds tend to be slower and traffic volumes tend to be lower. This is not to say that residential activity does not occur on Euclid or Lakeland Avenues, however, the County does have traffic calming programs and other mechanisms which could be implemented should traffic counts on Euclid and Lakeland Avenues warrant their implementation. It is important to note that because the developer of the subject site proposes private roads in a gated community, the full intent of Policy 9.3 will not be achievable by requiring interconnection of the proposed development with the property to the south without allowing abutting property owners to the south access through the subject site. The County could also consider extending one of the side streets abutting the Livingston Road extension to create a secondary access point for residents of the Willoughby Acres subdivision. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment is required. The petitioner applied for a wavier from the survey and assessment requirement as permitted by the Land Development Code but the waiver was denied by the Historic and Archaeological Review Board. The petitioner has agreed to provide an assessment and to abide by the recommendations and stipulations from the required survey prior to the issuance of the first development order for the project. ENVIRONMENTAL IMPACTS: A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and the Department of Environmental Protection and the Corps of Engineers closely monitors construction along the slough. Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetland will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off-site mitigation is also proposed. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. In accordance with the Land Development Code Regulations, 31.70 acres of native vegetation preservation has been determined to be required within the PUD. Fourteen gopher tortoise burrows were found in a survey conducted at 50 percent to 70 percent visual coverage. This indicates that a max/mum of 28 burrows may exist on site. 6 SEP 1 2 2000 .~The estimated tortoise population is ten individuals. Uplands targeted for preservation on the project ite may be used for the relocation of gopher tortoises. PLANNING SERVICES STAFF RECOMMENDATION: At the Planning Commission hearing held on July 20, 2000, staff forwarded the following stipulations to their recommendation for approval: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD- 2000-09 Madeira PUD to the Board of County Commissioners, subject to the following stipulations: Amend the following sections of the PUD document to read as follows: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 2. The PUD Master Plan shall be amended to show an interconnection to the abutting property to the south at Euclid Avenue or Lakeland Avenue. The PUD Master Plan shall be clarified to indicate that access to the site from Livingston Road, as proposed shall be limited to right-in, right-out, unless otherwise approved by the Transportation Services Director. 4. Add Section D. Under 6.5: All construction traffic for development of the project shall access the site from Livingston Road. 5. The PUD Master Plan shall be amended to show a future vehicular and pedestrian interconnection to the abutting property to the north. 6. The petitioner shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. The developer shall obtain a letter from the Collier County Director of Stormwater Management stating that the drainage system conforms to local drainage or basin studies being conducted by that department. This letter shall be obtained prior to applying for any Site Development Plan. 8. Necessary permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. o Section 6.10(A) of the PUD document shall be amended to read: In accordance with 3.9.5.5.3. of the Collier County Land Development Code, twenty five percent (31.70 acres) 7 AGENDA I'l'~J~l 1 2 200O of the viable naturally functioning native vegetation on site shall be retained. At the time of the next development order submittal, the petitioner shall identify, in its entirety, areas of native vegetation to he retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. 10. Add the following language to Table I in section 3.4 of the PUD document: The location of structures proposed adjacent to Preserve areas shall be subject to the provisions of Section 3.2.8.4.7.3. of the Land Development Code. Principal structures shall have a minimum 25-foot setback from wetland preserves. Accessory structures shall have a minimum 1 O-foot setback from wetland preserves. Pursuant to the petitioner's resubmittal of the PUD document and Master Plan on August 18, 2000, Planning staff forwards the following recommendations to the Board of County Commissioners for their consideration: 1. Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 2. The PUD Master Plan shall be amended to show an interconnection to the abutting property to the south (the excepted portion of property), which is located just north of Euclid Avenue's northern terminus. Language shall be added to the PUD document, which states that during the platting phase of development, a 50 foot wide access easement running from the southern terminus ofproject's internal roadway on the west side to the excepted property to the south, shall be platted and recorded. This access easement shall be developed as a road which shall run north and south, and shall provide an interconnect to the excepted property to the south, and shall facilitate interconnectivity between the subject site and the excepted property upon development of the excepted portion of property. Cost of providing the interconnects between the properties and to Euclid Avenue shall be divided equally among property owners of each site. The PUD Master Plan shall be clad fled to indicate that access to the site from Livingston- Road, as proposed shall be moved to the south to line up with the access to the Carlton Lakes P UD. 4. Add Section D. Under 6.5: All construction traffic for development of the project shall access the site from Livingston Road. 5. The petitioner shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. SEP 1 2 2000 __.?: o o The developer shall obtain a letter from the Collier County Director of Stormwater Management stating that the drainage system conforms to local drainage or basin studies being conducted by that department. This letter shall be obtained prior to applying for any Site Development Plan. Necessary permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. Section 6.10(A) of the PUD document shall be amended to read: In accordance with 3.9.5.5.3. of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of the next development order submittal, the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. 9. Add the following language to Table I in section 3.4 of the PUD document: The location of structures proposed adjacent to Preserve areas shall be subject to the provisions of Section 3.2.8.4.7.3. of the Land Development Code. Principal structures shall have a minimum 25-foot setback from wetland preserves. Accessory structures shall have a minimum 1 O-foot setback from wetland preserves. 10. The developer will provide for a reservation of 30 feet of land in width along the length of the northern terminus of the project. Any required landscape buffer for the development shall be located outside the limits of said 30-foot reservation. If dedication is requested by the County, the dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development code. EAC RECOMMENDATION: At a meeting held on July 12, 2000, a motion was made for denial of the petition. The motion failed due to a lack of 5 affirmative votes; the vote was 4-1 to deny the petition, therefore, no official recommendation can be forwarded to the Board of County Commissioners. The EAC member who made the motion to deny the petition did so because he felt that the project does not attempt to avoid sufficient wetlands areas. Concerns were also voiced over the South Florida Water Management District's preliminary comments on the petitioner's application for permits. PLANNING COMMISSION RECOMMENDATION: According to the Collier County Department of Parks and Recreation there is a need for a one-acre neighborhood park in the North Naples/Willoughby Acres subdivision area. The property owner and Planning staff were notified of this need just prior to the Planning Commission's Public Hearing and an .~.ensuing discussion occurred at the Platming Commission hearing. At.the hearing, the petitioner's agent 9 SEP 1 2 2000 P~% indicated that he would be willing to discuss the possibility of siting a park within the development with the Director of the Parks and Recreation Department, but could not make a commitment to that effect at this time. At a hearing held on July 20, 2000, the Collier County Planning Commission voted 5-1 to forward the petition to the Board of County Commissioners with a recommendation for approval with all of the aforementioned staff stipulations with the following changes to staff stipulation #2: The interconnection between projects shall be required where the subject project abuts undeveloped projects. There shall be an interconnection to Euclid Avenue that shall function as a secondary, emergency access only. And the following additional stipulation: The developer shall provide an appropriate vegetative landscape buffer between the subject site and developed properties abutting the subject site at the time of development of roads or lots which abut dwelling units on adjacent projects. This petition is not on the summary agenda due to the EAC taking no action on the petition, as well as the presence of members of the public objecting to the petition. 10 AGENDA ITE~. S!? 1 2 2000 Pi. .4EPARED BY: .SiJSAN MURRAY, AICP CHIEF PLANNER REVIEWED BY: RONALD F. N1NO,~AICP, MANAGER CURRENT PLANNING SECTION DATE -- DATE ROBERT J. MULHERE, AICP, DIRECTOR "~LANNING SERVICES DATE APPROVED B/¥i VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-2000-09 Madeira PUD This petition has been tentatively scheduled for the September 12, 2000 Board of County Commissioners Public Hearing. 11 AGENDA SEP ! 2 2000 Pg. ~/J MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JUNE 26, 2000 amended August 18, 2000 PETITION NO: PUD-2000-09 MADEIRA PUD OWNER/AGENT: Agent: Owner: Mr. Brad Hedrich, P.E. Hedrich Engineering 10911 Bonita Beach Road Bonita Springs, FL 34135 Meridian Land Corporation 10001 Tamiami Trail North Naples, FL 34108 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural, "RSF-3" Residential Single Family and "ST" Special Treatment Overlay to "PUD" Planned Unit Development for the purposes of developing a residential development on 145.93 +/- acres, providing for development tracts consisting of detached single family and attached single family development areas, a community recreation area, preserve and lake areas and street right-of way. GEOGRAPHIC LOCATION: The subject site is located within Sections 13 and 24, Township 48 South, Range 25 East, approximately 1.25 miles north oflmmokalee Road, and 1 mile east ofi-75, on the north side of Immokalee Road. 1 AC~=NDA fl'~w~ SEP f 2 2000 PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 438 single family, zero lot line and two-family attached dwelling units at a density of 3 dwelling units per acre. The petitioner proposes a gated community with private roads, and a central recreation center that will provide for active recreational facilities for the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. The importance of the slough is of significance in both environmental and surface drainage areas. The design of the project attempts to minimize crossings of the slough while preserving the natural sheet flow of the slough. Access to Madeira PUD is proposed from the future Livingston Road, just north of Immokalee Road. SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is heavily vegetated. There is a wetland slough, which runs through the property from the northeast to southwest. Approximately 100 acres of the site is presently zoned Residential Single Family (RSF-3) which allows for single family residential development at a density of 3 dwelling units per acre. The remainder of the site, approximately 50 acres of the northern portion, presently has a Rural Agricultural (A) zoning, and a ST overlay. Surrounding: North - Rural Agricultural (A); future Royal Palm Academy South - RSF-3; Residential Single family, 3 dwelling units per acre East - PUD & A; MF & SF Residential and vacant; 3.35 dwelling units per acre West - RSF-3 and PUD; Single Family Residential; 3 dwelling units per acre GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed-Use Residential Land Use classification as designated area on the County's Future Land Use Map. The Urban Residential Mixed-Use district is intended to accommodate the majority of the County's population growth and allow for new, and intensive land uses. Allowable land uses include a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a residential PUD, for single family, zero lot line and attached single family development, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE). Specifically, this petition can be considered consistent with the following Policies of the Future Land Use Element: Policy 5.1, which requires all rezonings to be consistent with the Growth Management Plan. Policy 5.3, which discourages unacceptable levels of urban sprawl by confining urban intensity development to areas designated as Urban on the Future Land Use Map. Policy 5.4, which requires new 2 SEP 1 2 2OOO developments to be compatible with and complementary to surrounding land uses. Policy 5.5 which encourages the use of existing land zoned for urban intensity before permitting development of other areas and Policy 5.6 which encourages the use of cjuster housing and Planned Unit Development techniques to conserve open space and environmentally sensitive areas, therefore, it is consistent with the FLUE. Consistency with the density rating system of the FLUE of the Growth Management Plan (GMP) is as follows: Land Use Residential Densi _ty: The FLUE allows a base density of 4 dwelling units per acre in the Urban Mixed Use Residential Land Use classification for which density may be added or subtracted based on the location and characteristics of a development. The subject petition qualifies for a base density of 4 dwelling units per acre with no allowable density bonuses or required density subtractions. The petitioner is requesting a project density of 3 dwelling units per acre, which is one dwelling unit less than what the petition qualifies for under the FLUE's density rating system. Therefore, the requested density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5a' Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment of Immokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30,879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the TCE. Policy 9.3 of the Transportation Element of the Growth Management Plan encourages the interconnection of local streets between developments to facilitate the convenient movement of traffic throughout the local road network and reduce traffic impacts on segments of the County's Arterial and Collector Roadway system. Interconnection of this site with the neighboring property to the north and south is feasible. From a traffic circulation standpoint, interconnection to the south will provide an alternative access to Immokalee Road through the Willoughby Acres 3 AGEI~A ITEM SEP 1 2 2000 subdivision without having to directly access Livingston Road. As well, interconnection could provide abutting property owner's direct access to Livingston Road without having to travel on Immokalee Road. The opportunity to interconnect to the project to the west should be considered. It should be noted that an interconnection to the west (to Imperial Golf Course) would provide an opportunity for residents of both the subject property and the development to the west to establish a secondary access point. The Imperial Golf Course development currently has a single point of ingress and egress onto U.S. 41. Interconnecting with the subject site would allow residents from this project a direct route to the east, reducing traffic volumes at the U.S. 41/Imperial Golf Course Boulevard intersection. It will also provide residents of this development a direct connection in an easterly direction to Livingston Road, Immokalee Road and 1-75, therefore reducing traffic impacts on the County's Arterial and Collector roadway system. Direct access to U.S. 41 by connecting to the north and west may be difficult to achieve, however, since the property to the west (Imperial Golf Estates) is a developed, gated community with private roads. Additionally, the northern boundary of the subject site abuts intervening property between the developed portions to the west (Imperial Golf Estates) and the subject site. There is an existing platted, road stub-out from Imperial, which abuts the intervening property. There is some evidence of existing access easements across the northeastern boundary of Imperial, across the western portion of the intervening site, and across the northem portion of the subject site. An interconnection from the subject site to the property to the north to create a secondary access point from the site to an east-west road, in staff's opinion, will not further the intent of interconnection as described in the Transportation Element unless access through Imperial is provided to the subject site. If access is not provided west, an interconnection to the north will merely provide a second means of ingress and egress to Livingston Road for residents of the subject site. It is important to note, however, an east-west road from Imperial, across the intervening site and the subject site will further the intent of interconnection between projects by providing a direct route west to residents of Imperial, allowing them direct access to Livingston Road. Environmental issues- A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and the Department of Environmental Protection and the Corps of Engineers closely monitors construction along the slough. Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetland will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off-site mitigation is also proposed. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. In accordance with the Land Development Code Regulations, 31.70 acres of native vegetation preservation has been determined to be required within the PUD. Fourteen gopher tortoise burrows were found in a survey conducted at 50 percent to 70 percent 4 A~.A ITEM SEP 12 2000 visual coverage. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment is required. The petitioner applied for a wavier from the survey and assessment requirement as permitted by the Land Development Code but the waiver was denied by the Historic and Archaeological Review Board. The petitioner has agreed to provide an assessment and to abide by the recommendations and stipulations from the required survey prior to the issuance of the first development order for the project. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. This petition was heard by the EAB and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is 5 AGENDA ITEM SEP 1 2 2000 followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The site is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the County's Growth Management Plan. The site is presently undeveloped. The majority of the site (100 +/- acres) is currently zoned RSF-3. The RSF-3 zoning district allows the development of single family dwelling units at a density of 3 dwelling units per acre. Surrounding properties to the south and west are also zoned RSF-3 and are presently developed with Single family residential dwelling units. The northern portion of the site (50+/- acres) is zoned "A", Rural Agricultural. The Rural Agricultural zoning district within the Urban Residential Mixed Use land use classification of the Future Land Use Map is generally considered a "holding" zone, until urban densities are requested through rezoning actions. The Land Development Code provides that the maximum permissible density within the "A" zoning district within the Urban land use designation shall not exceed the density permissible under the Density Rating System of the FLUE. A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and construction along the slough is closely monitored by the Department of Environmental Protection and the Corps of Engineers. There are cleared areas of the site located along the north end and along the FPL easement on the east side of the property. The PUD Master Plan indicates the proposed development plan for the 145.93-acre site is for single family development with customary accessory uses such as common recreational facilities and open space. Residential development on the site is planned to occur within approximately nine (9) development tracts throughout the site surrounding a lake and a vegetated preserve area. The residential development areas are primarily located along the AGENDA I'I'~._M SEP 1 2 2000 boundaries of the site, and internal to the site surrounding the lake. The planned residential tracts abut property to the west and south, which are also developed with single family homes. Required perimeter landscaping will serve to buffer the residential land uses on abutting projects, however, the proposed development is not considered incompatible with abutting land uses. There are three parcels interior to the site, two of which are surrounded by the proposed development on three sides. These parcels are not part of this rezoning. The Master Plan indicates access will be provided to three of those parcels as part of the development. There is a planned preserve area located adjacent to Livingston Road that runs northwest across the site to the southwest comer. This area encompasses the majority of the previously mentioned slough. The maximum building height is limited to 35 feet for all structures on site, which is comparable to the height of buildings on abutting projects. Access to the site is proposed from the future Livingston Road extension. On-site circulation functions primarily in an east to west direction, with scattered cul-de-sacs throughout the development. A portion of the internal right-of-way abuts the northwestern boundary of the site where there are existing single family homes on the abutting project. The PUD document indicates that additional landscape buffering in the way of a 2-3 foot high berm, double hedge row and canopy trees planted on 20 feet centers shall be installed for the purpose of visual screening and noise reduction of vehicles using roadways within the project. There is a 125-foot wide FPL easement, which abuts the eastern boundary of the property, parallel to the future Livingston Road extension. This provides a significant buffer between the subject site and the Livingston Road corridor. Additionally, with respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments and residential developments within the area. Traffic: Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5th Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment oflmmokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30, 879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the Transportation Element. 7 AGEI~A I_TEM SEP 1 2 2000 ? Policy 9.3 of the Transportation Element states that the County shall encourage the interconnection of local streets between developments to facilitate the convenient movement throughout the local road network unless such action will promote through traffic. Interconnection at this site with the neighboring property to the south and west is possible. From a traffic circulation standpoint interconnections to the south and west may provide an alternative access to Immokalee Road and direct access west to U.S. 41. Direct access to U.S. 41 by connecting to the north and west may be difficult to achieve, however, since the property to the west (Imperial Golf Estates) is a developed, gated community with private roads. Additionally, the northern boundary of the subject site abuts intervening property between the developed portions to the west (Imperial Golf Estates) and the subject site. There is an existing platted, road stub-out from Imperial, which abuts the intervening property. There is some evidence of existing access easements across the northeastern boundary of Imperial, across the western portion of the intervening site, and across the northern portion of the subject site. An interconnection from the subject site to the property to the north to create a secondary access point from the site to an east-west road, in staff's opinion, will not further the intent of interconnection as described in the Transportation Element unless access through Imperial is provided to the subject site. If access is not provided west, an interconnection to the north will merely provide a second means of ingress and egress to Livingston Road for residents of the subject site. It is important to note, however, an east-west road from Imperial, across the intervening site and the subject site will further the intent of interconnection between projects by providing a direct route west to residents of Imperial, allowing them direct access to Livingston Road. To this end, the Board should consider, through subsequent rezoning actions, the possibility of establishing a secondary access road for the Imperial community. Additionally, it is staff's recommendation that the Board consider the possibility of creating a north/south local or collector route, through the abutting site to the north, to the future east/west corridor of Livingston Road. This could be accomplished through an amendment to the Transportation Element of the GMP and/or subsequent rezoning actions, when they occur, on the abutting property to the north. An interconnection of the subject site to this type of road will serve to further the intent of Policy 9.3 of the Transportation Element. The PUD Master Plan indicates that the project abuts the northern terminus of Euclid Avenue on the western portion of the project, and indirectly abuts (through intervening property) the northern terminus of Lakeland Avenue on the eastern portion of the project. Lakeland and Euclid Avenues are existing, local public roads which serve primarily to carry traffic from the Willoughby Acres subdivision and surrounding areas, south to Immokalee Road. Interconnection of the subject site to either one of these roads is possible and will further then intent of Policy 9.3 of the Transportation Element. Interconnection to Lakeland Avenue may be difficult to achieve. The subject site does not abut Lakeland Avenue directly. Separating the subject site and Lakeland Avenue is a developed, unrecorded subdivision commonly known as Armadillo Estates. Access to this subdivision is provided via access easements from Lakeland Avenue. The ownership, existence and recording status of these access easements is questionable. Because the property is already zoned and developed, it is unlikely that further zoning actions will occur on the property, allowing the County to exact the necessary right-of- way to connect the subject site to Lakeland Avenue. Euclid Avenue is a more logical point of 8 AGENDA ~y~.~ SEP 1 2 2000 interconnection between the subject site and the Willoughby Acres subdivision to the south. Both Euclid and Lakeland Avenues, although they are considered local streets, are designed and function in a manner similar to a Collector roadway. Both streets act as "spine" type of roads through the Willoughby Acres and abutting subdivisions. Both Lakeland and Euclid Avenues nm in a north/south direction. There are approximately nine local streets which intersect Euclid and Lakeland Avenues in an east/west direction. Approximately three driveways leading the single-family residential structures take their access directly off of Euclid and Lakeland Avenues. The majority of the existing dwelling units' driveways access one of the nine side streets, which intersect Euclid or Lakeland Avenues. This type of roadway design lessens safety concerns due to increased traffic as a result of interconnection with the subject site. The County also has traffic calming programs which could be implemented should traffic counts on Euclid and Lakeland Avenues warrant their implementation. It is important to note that because the developer of the subject site proposes private roads in a gated community, the full intent of Policy 9.3 will not be achievable by requiring interconnection of the proposed development with the property to the south or the west without free flow of traffic between projects. Environmental Issues - Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low-growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system. An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida 9 AGENDA SEP I 2 2000 Pl~.~ Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Fourteen gopher tortoise burrows were found in a survey conducted at 50 pement to 70 percent visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure 1 in the Listed Species Report. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. These uplands include 1.17 acres of slash pine with saw palmetto understory, 0.86 acres of oak and saw palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were observed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. Other Applicable Elements- Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of issuance of the first development order. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review and shall be consistent with the County's Access Management Plan and other applicable regulations. The GMP consistency review indicates that approval of this petition is consistent with policies of the TCE. Utility Infrastructure: A full range of services and utilities provided by Collier County will serve the project site. All development must comply with surface water management requirements invoked at the time of site development plan approval. Community Infrastructure and Services: The project site is located 1.25 miles west of the Activity Center located at Immokalee Road and 1-75. The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. 10 S EP 1 2 2000 ! Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Agricultural and RSF-3 to PUD, and the PUD development strategy for single family residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification. 3. The proposed development strategy to construct low density, single family and duplex type of dwelling units are compatible with abutting developments. 4. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of the PUD regulations or otherwise achieved by the PUD Master Plan. 5. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 3 dwelling units per acre. Commercial development within the nearby Activity Center will provide convenient commercial opportunities to the residents of this development. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-2000-09, Madeira PUD with the following stipulations: Amend the following sections of the PUD document to read as follows: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. The PUD Master Plan shall be amended to show an interconnection to the abutting property to the south at Euclid Avenue or Lakeland Avenue. The PUD Master Plan shall be clarified to indicate that access to the site as proposed shall be limited to right-in, right-out, unless otherwise approved by the Transportation Services Director. 11 SEP '1 2 2000 PREPARED BY: ./SUSAN MURRAY, AICP (J CHIEF PLANNER DATE REVIEWED BY: /'RONALD F. NINO, AICP CURRENT PLANNING MANAGER /'11/7000 DATE ROBERT J. MUL~ERE~/.~r-~ PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~ BY: VINCENT A. CAUTERO, A_ICP, ADMINISTRATOR COMMLD4ITY DEV. & ENVIRONMENTAL SVCS. DIV. DATE DATE Petition Number: PUD-2000-09 Staff Report for July 20, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the August 1, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON '12 AGENDA SEP 1 2 2000 REZONE FINDINGS FOR PETITION PUD 2000-09 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary_ Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing !and use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: A portion of the subject property is heavily vegetated. The site presently has a Rural Agricultural (A) zoning, a Residential Single Family (RSF-3) zoning, and an ST overlay. Surrounding: North - Rural Agricultural (A); future Royal Palm Academy South - RSF-3; Residential Single family and vacant East - RSF-3 & A; MF & SF Residential and vacant West - PUD and A; MF & SF Residential The current Agricultural "A" zoning designation allows for development of single family residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Surrounding the subject site to the south and east exists single family and multiple family residential development generally developed at densities of 3 dwelling units per acre. 13 AC..~E. ND A ITEM /',aft')[ SEP! 1 2 2000 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The site is adjacent to residential development to the south, east and west. The proximity to adjacent developments justifies a rezoning action to PUD for residential purposes. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary, Findines: The district boundaries are logically drawn. They allow for the preservation of existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the south, east and west. Con: None. Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 1 2 2000 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The proposed development of the subject property is consistent with the majority of the provisions of the Transportation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. Con: The Transportation Element encourages interconnection between projects. The PUD Master Plan layout provides a single point of ingress and egress off of the future Livingston Road extension. The subject site abuts residentially zoned properties to the west and south. There is a platted right-of-way (Euclid Avenue) abutting the site to the south, which provides the opportunity for an interconnection and a secondary access, point. This will provide residents of the subject development a secondary means of ingress and egress to Immokalee Road, and will reduce traffic impacts to Livingston Road. The petitioner should also consider the possibility of interconnection to the abutting property to the west (Imperial Golf Course). This could provide a secondary means of access to those residents of that development as well as provide access to U.S. 41 to the west. Summary Findings: The Transportation Element of the County's Growth Management Plan encourages interconnection between projects. The proposed layout of the site suggests the feasibility of providing interconnection between the subject site and projects abutting to the west and south. This will provide residents of the subject development a secondary means of ingress and egress to Immokalee Road, and will reduce traffic impacts to Livingston Road. Staff has crafted stipulations, which encourage the interconnection between projects. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. Consistency with Policy 9.3 can be achieved by requiring interconnection between the subject site and projects to the south. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Regulations within the PUD document provide for additional field surveys and flow-way evaluation studies which shall conclude that there will be no significant adverse impacts on surrounding properties caused by the installation of proposed control structures and filling within the historic low lying wetland slough. Additionally, permitting requirements by the South Florida Water Management District and Army Corps of Engineers will be monitored and enforced throughout subsequent development of the project. 15 AC.,EI~A ITEM SEP 1 2 2000 Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. This site is particularly vulnerable because of an existing flow way through the site, which accommodates water flow fi'om the north to the west, across the site. Snmmary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. The County's Stormwater Management Director reviewed the proposed project, and his recommendations have been incorporated into the PUD document. In the event area-wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: ! lrban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. 16 s _P 2ooo Summary Findings: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property is not undevelopable under its current zoning designation. Surrounding properties south and west of the site are already developed with land uses, which are similarly intensive. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findines: The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: This is a special purpose petition, which involves establishing a density not otherwise available in an existing Agricultural zoff~ng district. Additionally, the majority of the site is already zoned to permit the type of development desired by the petitioner. Rezoning the petition to PUD furthers the intent of Policies 5.5 and 5.6 of the FLUE. 17 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary_ Findines: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval that will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary_ Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. 18 A6E~A ITEM $EP 1 2 2000 FINDINGS FOR PUD PUD-2000-09 Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the !and, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject site is located adjacent to existing residential development to the east, west and south. (ii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. Con: (i) The neighboring development to the south (Willoughby Acres) has limited access north. Euclid Avenue and Lakeland Avenue, although local roads, currently function as collector roadways within the development, carrying traffic from approximately 600 single-family dwelling units in the area one way, south, to Immokalee Road. Findine: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property with the exception of the proposed means of ingress and egress. Providing an interconnection with Euclid Avenue and Lakeland Avenues with public access through the subject to Livingston Road will provide residents of the subject site a secondary means of access for emergency access. It will also provide direct access south to Immokalee Road for residents of the subject site and direct access north to Livingston Road for the existing residents of Willoughby Acres, thereby reducing the number of trips on Immokalee Road and Livingston Road. Otherwise development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. 19 SEP 1 2 20 1 . - Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Findine: The subject petition has been found consistent with the goals, objectives and policies of the FLUE of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. The petition as proposed by the applicant, is inconsistent with policies found in the Transportation Element which encourage interconnection between projects. e The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 20 AGENDA frEM 2000 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Findine: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for similar residential structures. 21 AGENDA rl~M SEP 1 2 2000 Pg- ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5, 2000. Itetr ~' II. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-09 Madeira PUD Meridian Land Co. Hedrich Engineering, Inc. Abney Environmental LOCATION: The subject property is an undeveloped 145.93 acre parcel located in Section 13 & 24, Township 48 South, Range 25 East, Collier County, Florida. It is bounded on the south by Willoughby Acres, on the west by Palm River Estates and Imperial Golf Estates and on the east by a new section of Livingston Road. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped parcels. Those to the north and east are undeveloped with the northern extension of Livingston Road presently under construction. Properties to the south and east are mostly developed. ZONING DESCRIPTION N - A Undeveloped A-ST Undeveloped S - RSF-3 Mostly Developed RSF-3 Undeveloped A Undeveloped A-ST Undeveloped RSF-3 Mostly Developed [4t lz- IV. PROJECT DESCRIPTION: Vt VI. The Madeira PUD is a residential community that provides low-density development of single family and two-family attached dwelling units. The project will be a gated access community with internal recreational facilities provided for the use and enjoyment of the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings of the slough are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The community will consist of up to 438 dwelling units upon completion. GROWTH MANAGEMENT PLAN CONSISTENCY: The Madeira Planned Unit Development (PUD) consists of +/- 145.93 acres of land located 3/n mile North of Immokalee Road, immediately west of and adjacent to Livingston Road. The site is located within the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map. Residential land uses are consistent with the Urban Mixed Use District as identified in the Future Land Use Element of the County's Growth Management Plan. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed project density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. MAJOR ISSUES: Water Management: The Water Management System for this project consists of a series of retention/detention areas and lakes, some interconnected, that provide water quality retention and peak flow attenuation during rainfall events. There is a slough that runs through the site in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and Construction along the slough is closely watched by the Department of Environmental Protection and the Corps of Engineers. The slough continues southwest through Palm River to the Cocohatchee and is readily visible on aerial photographs. Site and offsite discharge is to the slough. Environmental: Site Description: Native habitats on the subject property include pine flatwoods, hydric pine flatwoods, cypress, cypress-pine-cabbage palm, wetland forest mixed, live oak, cabbage palm, inland pond and sloughs, and freshwater marsh. The most noticeable feature on site is the wetland slough ("Palm River Slough"), which consists of a number of different FLUCFCS types and runs diagonally across the center of the property from north-east to south-west. Also on site are areas which have been cleared in the past. These cleared areas are located at the north end of the site and along the power-line easement on the east side of the property, and are visible on the aerial photograph located in the Listed Species Report. Four soil types have been identified on the subject property as mapped by the Natural Resoumes Conservation Service (NRCS). These include Hallandale fine sand (unit 11), Pineda fine sand, limestone substratum (Unit 14), Riviera fine sand, limestone substratum (Unit 18) and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional (Unit 25). Three of these soil types, Unit 14, 18 & 25, are listed as hydric by the NRCS. Seasonal high water (SHW) levels have been set at nine locations in wetlands and range from a high of 13.19 feet NGVD to a low of 11.42 feet NGVD. Each SHW elevation was marked with a nail set in a cypress tree that had lichen and/or moss that typically are used as indicators. At least two trees were used at each location. Locations numbered 1 through 8 were set in the main slough, with number 1 at the eastern end and number 8 at the western end. See table C-1 on page 24 of the EIS for the results of this study. From the data presented in the table, SHW levels in the slough are about one to two inches above ground elevation. Wetlands: Approximately 50.99 acres, or 62% of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low- growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system. An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Preservation Requirements: It has been determined from a site visit to the subject property and by reviewing aerial photographs of the area that 116.68 acres of viable native vegetation exist on the subject property. In addition to this, 10.11 acres have been identified as being cleared in the past without a permit from the County. Since a clearing permit was not obtained, this area was included in the native vegetation retention calculations for this project. Given the above, 31.70 acres of native vegetation have been determined to be required within the PUD. To meet this requirement, the petitioner is proposing to preserve 30.78 acres of native vegetation in the central slough/preserve area as identified on the PUD master plan. The additional 0.92 acres of retained native vegetation will be identified at the time of next development order submittal, as stipulated in this staff report. Listed Species: A biological survey for listed species was conducted from January 5 through February 17, 2000 specifically for wildlife species. Additional observations were made during the periods when vegetation types were being mapped and wetland lines were being established. The amount of transect walked exceeded Florida Fish and Wildlife Conservation Commission (FGWCC) guidelines. Fourteen gopher tortoise burrows were found in a survey conducted at 50% to 70% visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure 1 in the Listed Species Report. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. These VII. uplands include 1.17 acres of slash pine with saw palmetto understory, 0.86 acres of oak and saw palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were observed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. While no Big Cypress fox squirrels were seen on the project site, leaf nests were observed in three locations, some of which may have been constructed by fox squirrels. The understory and ground cover found on site are generally denser than those preferred by fox squirrels, and more suited by gray squirrels. Plant species that are protected from unauthorized harvest and commercial exploitation by the Florida Department of Agriculture (FDA) under State law have been identified on site. The particular species seen on site are listed in Table 2 of the Listed Species Report. The protection afforded plants listed by the FDA entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. No other evidence of endangered plant or wildlife species that would require special protection or formal permitting by state or federal agencies were observed on site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-09 "Madeira PUD" with the following stipulations: Water Manaeement: The project must obtain a surface water management permit from the SFWMD prior to any site development plan approval. The developer must obtain a letter from Collier County Director of Stormwater Management that the drainage system conforms to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. o Necessary permits from other concerned U.S.A.C.O.E. must be obtained prior to starting construction. agencies notably D.E.P. and i2 , %o4 Environmental: Delete section 6.10(A) from the PUD document and replace it with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. 2. Add the following language to Table I in section 3.4 of the PUD document. The location of structures proposed adjacent to Preserves, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessory structures shall have a minimum 10 foot setback from such preserves. i7, 200C PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: ~SUSAN MURRAY~ CHIEF PLANNER THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER R/ONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE DAT~ DATE RE ~ , AICP PLANNING SERVICES DIRECTOR APPROVED BY: ~2ENT A. CAUTER6, el~ CO~UNIT¥ ~EVErO~mNT ADMINISTRATOR SL/gdh/c: StaffReport DATE SERVICES ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8524N AND 8513N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL, "RSF-3" AND "ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MADIERA PUD LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD (C.R. 880), APPROXIMATELY Y4 MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 145.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Brad Hedrich, P.E., of Hedrich Engineering, Inc., representing Meridian Land Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural, "RSF-3" and "ST" to "PUD" Planned Unit Development in accordance with the Madiera PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8524N and 8513N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- AGENDA ITE~ SEP I 2 2000 Pg. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2000. .~. ~-~.~.:-'.:-:-~.~- BOARD OF COUNTY COMMISSIONERS '"' '~i COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY J.CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Assistant County Attorney g/admin/PUD-00-09/$ M/ira -2- AGENDA ITEM SEPii 1 2 2000 MADEIRA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MADEIRA PUD, A PLANNED UNIT DVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MERIDIAN LAND CO. 10001 TAMIAMI TRIAL NORTH NAPLES, FL 34108 PREPARED BY: TIM HANCOCK, AICP PLANNING SOLUTIONS, INC. 5100 TAMIAMI TRAIL NORTH SUITE 158 NAPLES, FL 34103 And BRAD HEDRICH, P.E. HEDRICH ENGINEERING 10911 BONITA BEACH ROAD SUITE 1021 BONITA SPRINGS, FL 34135 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL "EXHIBIT A" -1- AGENDA I'I~.M ':'SEP 1 2 2000 TABLE OFCONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION Ill SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT LOW DENSITY RESIDENTIAL AREAS PLAN COMMON AREAS PRESERVE AREAS DEVELOPMENT COMMITMENTS page 3 page 4 pages 5 thru 8 pages 9 thru 11 pages 12 thru 13 pages 14 thru 15 pages 16 pages 17 thru 19 -2- SEP 1 2 2000 LIST OF EXHIBITS AND TABLES EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: PUD MASTER PLAN BOUNDARY SURVEY CONCEPTUAL WATER MANAGEMENT PLAN TYPICAL LAKE CROSS SECTION AND TYPICAL PAVEMENT SECTION -3- AGENDA ITEM SEP 12 2000 pg.~._~ STATEMENT OF COMPLIANCE AND SHORT TITLE The Madeira Planned Unit Development (PUD) consists of +/- 145.47 acres of land located V4 miles North of Immokalee Road, immediately West of and adjacent to Livingston Road in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set forth in the County's Growth Management Plan. This compliance includes: The !and is located wholly in the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map as required in Objective 1, Policy 5.1, and Policy 5.3 of the Future Land Use Element. The subject properry's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The Project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. The Urban Residential District allows for a base residential density of 4 units per gross acre. The projected density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. This Project is seeking no density bonuses. The Project further meets the intent of the Urban Residential Sub-district through restricting allowable uses to single family detached, zero lot line and two-family attached dwelling units. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. -4- AGENDA ITEM SE? 12 2008 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION I.I PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the Project name of the Madeira PUD. 1.2 LEGAL DESCRIPTION The subject property being +/- 145.47 acres, is described as: A PARCEL OF LAND LOCATED IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE ALONG THE SOUTH LINE OF SECTION 13, S88°48'25"W 275.05' TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'23"W 1050.28'TO THE EAST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST I/4 OF SECTION 13; THENCE ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, N00°05'58"W 1344.31 ', TO THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST 1/4 OF SECTION 13; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST s¼ OF SECTION 13, S00°09'32"E 1345.82', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°43' 17W 662.04', TO THE EAST LINE OF THE NORTHEAST 'A OF THE NORTHWEST ~ OF THE NORTHEAST ¼ OF THE NORTHWEST I/4 OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTHEAST s,4 OF THE NORTHWEST I/4 OF THE NORTHEAST ¼ OF THE NORTHWEST V4 OF SECTION 24, S00°l 1 '01"E 331.48', TO THE SOUTH LINE OF THE NORTHEAST i/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST I/4 OF THE NORTHWEST i/4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST I/4 OF THE NORTHWEST ¼ OF THE NORTHEAST '/4 OF THE NORTHWEST 1/4 OF SECTION 24, S88°45' 11 ~A/296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/, OF THE NORTHWEST '/4 OF SECTION 24; -5- AGENDA ITEM" SEP 1 2 2000 THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH I/2 OF THE NORTHWEST ~A OF THE NORTHEAST V4 OF THE NORTHWEST V4 OF SECTION 24, N00°l 0' 55"W 331.32', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°39'45"W 365.20', TO THE WEST LINE OF THE NORTHEAST V4 OF THE NORTHWEST V4 OF SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHEAST V4 OF THE NORTHWEST V4 OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST ~A OF THE NORTHWEST V4 OF SECTION 24, S00°l 1' 13"E 1654.95', TO THE SOUTH LINE OF THE NORTH V2 OF THE NORTHWEST V4 OF THE SOUTHEAST V4 OF THE NORTHWEST i/,~ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTH I/2 OF THE NORTHWEST V4 OF THE SOUTHEAST IA OF THE NORTHWEST x/4 OF SECTION 24, NSg°53'00"E 537.58'; THENCE LEAVING SAID SOUTH LINE OF THE NORTH V2 OF THE NORTHWEST ~A OF THE SOUTHEAST ~A OF THE NORTHWEST V4 OF SECTION 24, N01°07'00"W 80.00'; THENCE N88°53'57"E 250.06'; THENCE S01°04'30"E 80.00', TO THE SOUTH LINE OF THE NORTH V2 OF THE NORTHEAST ~A OF THE SOUTHEAST ~A OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG SAID SOUTH LINE OF THE NORTH V2 OF THE NORTHEAST V4 OF THE SOUTHEAST ~A OF THE NORTHWEST ~A OF SECTION 24, N88°55'30"E 536.36' TO THE EAST LINE OF THE NORTH V2 OF THE NORTHEAST V4 OF THE SOUTHEAST V,~ OF THE NORTHWEST V4 OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTH V~ OF THE NORTHEAST ~A OF THE SOUTHEAST V4 OF THE NORTHWEST I/4 OF SECTION 24, N00°17'12"W 332.15', TO THE SOUTH LINE OF THE SOUTHEAST V4 OF THE NORTHEAST V4 OF THE NORTHWEST "A OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ~A OF THE NORTHEAST V4 OF THE NORTHWEST V4 OF SECTION 24, S88°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH V2 OF THE SOUTHEAST V4 OF THE NORTHEAST tA OF THE NORTHWEST V4 OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH V2 OF THE SOUTHEAST V4 OF THE NORTHEAST '/4 OF THE NORTHWEST 1,4 OF SECTION 24, N00°l l'01"W 331.48', TO THE NORTH LINE OF THE SOUTH V~ OF THE SOUTHEAST V4 OF THE NORTHEAST V4 OF THE NORTHWEST V4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH V2 OF THE SOUTHEAST V4 OF THE NORTHEAST V4 OF THE NORTHWEST V4 OF SECTION 24, N88°48'59"E 662.05', TO THE EAST LINE OF THE SOUTH V2 OF THE SOUTHEAST V4 OF THE NORTHEAST ~A OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTH V2 OF THE SOUTHEAST ~A OF THE NORTHEAST V4 OF THE NORTHWEST 1/4 OF SECTION 24, S00°l l'08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH V2 OF THE SOUTHWEST IA OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24; AGEND.~.~'rEM -6- SEP 1 2 2000 THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH '/2 OF THE SOUTHWEST ¼ OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 24, N88°53'26"E 622.22', TO THE WEST LINE OF THE SOUTHWEST 'A OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST 1/4 OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTHWEST IA OF THE SOUTHEAST 'A OF THE NORTHWEST ~/4 OF THE NORTHEAST '/4 OF SECTION 24, N00°10'07"W 167.07', TO THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST 'A OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST ¼ OF THE NORTHWEST 1,4 OF THE NORTHEAST 1/4 OF SECTION 24, N88°54'12"E 331.17', TO THE EAST LINE OF THE SOUTHWEST 'A OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST '/4 OF THE NORTHWEST ¼ OF THE NORTHEAST '/4 OF SECTION 24, S00°07'36"E 331.88', TO THE SOUTH LINE OF THE NORTHWEST 'A OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST 'A OF THE NORTHEAST ¼ OF SECTION 24, AND THE SOUTH LINE OF THE NORTHEAST 'A OF THE NORTHEAST ¼ OF SECTION 24, N88°53'48"E 1380.53', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728, N00 07'04"W 665.43', TO THE SOUTH LINE OF THE SOUTH '/2 OF THE NORTHEAST IA OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTH 72 OF THE NORTHEAST 1/4 OF THE NORTHEAST 'A OF THE NORTHEAST '/4 OF SECTION 24, S88°50'56"W 387.33', TO THE WEST LINE OF THE SOUTH '/2 OF THE NORTHEAST ',4 OF THE NORTHEAST 'A OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH '/2 OF THE NORTHEAST 'A OF THE NORTHEAST ¼ OF THE NORTHEAST '/4 OF SECTION 24, N00°08'05"W 332.57', TO THE NORTH LINE OF THE SOUTH '/2 OF THE NORTHEAST ~A OF THE NORTHEAST ¼ OF THE NORTHEAST ',4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH '/2 OF THE NORTHEAST '/4 OF THE NORTHEAST V4 OF THE NORTHEAST 1/4 OF SECTION 24, Ngg°49'41"E 387.43', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, N00°07'04"W 332.72', TO THE POINT OF BEGINNING. -7- SEP 1 2 2000 LESS THE SOUTH ~72 OF THE SOUTH ~A OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ~ OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST. CONTAINING 145.47 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. 1.3 1.4 1.5 PROPERTY OWNERSHIP The subject property is currently under the ownership of or under contract for purchase to: Meridian Land Co. 10001 Tamiami Trail North' Naples, FL 34108 GENERAL DESCRIPTION OF PROJECT AREA Ao The Project site includes portions of Sections 13 and 24, Township 48 South, Range 25 East. Generally, the Project is located immediately adjacent to and West of Livingston Road, approximately 3/4 miles North of Immokalee Road. The zoning classification of the subject property prior to the date of this approved PUD document was A - Agriculture and RSF-3. PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District Cocohatchee River Basin. The site, along with several offsite drainage basins, currently drains to a main onsite wetland slough which then drains to the west to an offsite wetland slough which then outfalls to Palm River via twin 36" pipes. Palm River then outfalls to the Cocohatchee River. The Cocohatchee River Basin typically has a discharge rate of 0.04 cfs/acre (cubic feet per second per acre), but in this particular area, a detailed drainage study is being conducted by a consultant for Collier County that will most likely suggest a discharge rate of 0.03 cfs/acre due to the overtaxed downstream drainage system. This project will use a combination ofonsite detention lakes, drainage conveyance systems, the onsite wetland slough and a control structure with an overflow weir on the westernmost boundary of the ohsitc slough to detain storm water and achieve the reduced discharge rate. For the small storm events that will not adversely affect existing offsite areas, this control structure will help restore the onsite wetland sloughs hydrology to a more historic level. Also, to help prevent existing offsite areas that drain to the onsite wetland slough from potential flooding during larger storm events, the control structure will have a large overflow weir. A majority of the elevations within the project range from 10 feet to 13 feet NGVD with smaller extreme cases of elevations ranging from 6 feet to ! 8 feet NGVD. Based on an initial geotechnical study of the area, a thick bedrock layer starts at approximately 10 to 12 feet below existing ground. The entire site is in Flood Zone X according to the FIRM Map that means that flooding only occurs during the 500-year flood. The closest 00- AGENDA ITEM SEP i 2 2000 -8- year flood zone is located to the west of the site, which is flood zone AE I ! (Elev. I 1.0 feet NGVD) A description ofs~il types found in the area. 11 - Hallandale fine sand (From NRCS data) The soils of the Hallandale Series are siliceous, hypothermic Lithie Psammaquents. They are shallow, poorly drained, moderately to rapidly permeable soils that formed in thin beds of sandy marine sediment over limestone. These nearly level soils are in fiatwoods and in sloughs and poorly defined drainage-ways. Slopes range fi'om 0 to 2 percent. (The NRCS does not classi~ this series as hydric.) 14- Pineda fine sand, limestone substratum This nearly level, poorly drained soil is in sloughs and poorly defined drainageways. The slope is zero to 2 percent. The NRCS classifies this soil as hydric. 18- Riviera fine sand, limestone substratum This nearly level, poorly drained soil is in sloughs and broad, poorly defined drainageways. Individual areas are elongated and irregular in shape. Slope is 0 to 2 percent. 25- Boca, Riviera, limestone substratum, and Copeland fine sands, depressional These level, very poorly drained soils are in depressions, cypress swamps and marshes. Individual areas are elongated and irregular in shape. Slope is 0 to 1 percent. 1.6 1.7 PROJECT DESCRIPTION The Madeira PUD is a residential community that provides low-density development in an area permitted for up to 4 units per acre base density. The project will be a gated access community with recreational facilities provided for the use and enjoyment of residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The importance of the slough is of significance in both environmental and surface drainage areas. The community will consist of up to 436 single family, zero lot line and two- family attached dwelling units upon completion. SHORT TITLE This Ordinance shall be known and cited as the "Madeira Planned Unit Development Ordinance." -9- AGE~IDA ITEM SEP 1 2 2000 SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective .land uses of the tracts included in the project, as well as other project relationships. GENERAL Ao Regulations for the development of the Madeira PUD shall be in accordance with the contents of this document, Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time &building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. ao Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Madeira PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES ho The Project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A," PUD Master Development Plan. There shall be 9 residential land use tracts plus necessary water management lakes, street rights-of-way, the general configuration of which is also iljustrated by Exhibit -10- SEP 1 2 2000 TRACT (S) TYPE OF DEVELOPMENT UNITS ACREAGE RI thru R9 Single family, zero lot line and two-family attached 436 84.14 ac CR Common area and Recreation na 4.88 ac P Preservation na 30.77 ac Lakes na na 19.92 ac Roads Rights-of-way na 5.76 ac TOTAL 438 145.47 ac Areas iljustrated as lakes by Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A." Minor modification to all tracts, lakes or other interi.',r boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A," such easements, as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 436 residential dwelling units shall be constructed in the total project area. The gross project area is +/- 145.47 acres. The gross project density, therefore, will be a maximum of 3 units per acre. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A," PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division ofproperty and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or pt ce~s -11- AGENDA ITEM SEP 1 2 2000 go of land as provided in said Division in effect prior to the issuance of a building permit or other development order. The development cf any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code in effect prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permined in conjunction with the promotion of the development subject to the following: ho One "wet" and 3 "dry" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future, platted lots. The Project owner must apply for temporary use permits fnr all models. Bo The models permitted as "dry" models must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. Do All other regulations pertaining to model homes shall be consistent with applicable Sections of the LDC. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code. -12- A~A ITEM SEP 1 2 2000 3.1 3.2 3.3 3.4 SECTION 111 LOW DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tracts RI, R2, R3, R4, RS, R6, R7, R8 and R9, Low Density Residential. MAXIMUM DWELLING UNITS The maximum number of low-density residential units allowed within the PUD shall be as follows: Tracts R1 through R9 = 436 units. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Principal Uses: 1. Single Family Dwelling Unit 2. Zero Lot Line Detached Unit 3. Two-Family Attached Unit The cjustering or grouping of housing structure types identified in Section 3.3 of this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code, subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table I of this document. B. Accessory Uses: 1. Customary Accessory uses and structures, including private garages. May include common recreation amenities such as tennis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball courts, boardwalks, and similar passive and active recreational facilities. DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. B. Front Yard Setbacks (measurement): Front yard setbacks shall be measured as follows: -13- AGENDA I'IT~_M SEP 1 2 2000 1. If the parcel is served directly and is immediately adjacent to a public right- of- way, the setback will be measured from the right of way line. 2. If the parcel is served by a non-platted, private drive, the setback will be measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted, private drive, the setback is measured from the road easement or property line. 4. Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces without encroaching into required setbacks, one of which may be an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk. TABLE 1 Zero Lot Line D.U. 2-Family Attached D.U. Single Family D.U. Min. Lot Area: 6,000 sq. ft. 6,000 sq. ft. 5,000 sq. fl. per d.u. Min. Lot Width: Interior Lots: 50 feet 50 feet 40 feet min. per d.u. Corner Lots: 55 feet 55 feet 85 feet Minimum Yards: Front Yard: 20 feet 20 feet 20 feet Side Yard: 6 feet 0 and 10 feet 7.5 feet Rear Yard: 20 feet 20 feet 20 feet Accessory Structure: Swimming Pool: l0 ft. rear l0 ft. rear 10 fl. rear Tennis Courts: 15 ft. rear 15 ft. rear 15ft, rear Screen Porch: 10 ft. rear l0 ft. rear l0 ft. rear Min. Floor Area: One Story: 1,000 fl. 1,000 feet Two Story: 1,200 ft. 1,200 feet. 1,800 ft. 2,000 ft. Max. Height: Principal Structures: 35 feet 35 feet Accessory Structures: 25 feet 25 feet 35 feet 25 feet as required in Section 2.3 of the Land Development Code. Minimum off street parking: Minimum Landscaping: Where residential uses internal to the PUD directly abut built or zoned residential uses external to the PUD, the following landscaping plan shall apply: A minimum buffer strip of 10' in width shall be planted with code minimum canopy trees on 20' centers with a double row hedge that is 2 to 3 feet in height at the time of planting. Such buffer shall be designed to achieve 60% opacity within one year of planting and 80% opacity within 2 years of planting. -14- AGENDA ITEM SEP 1 2 2000 Where roadways internal to the PUD directly abut built or zoned residential uses external to the PUD (exclusive of required landscape buffer areas) without an intervening residential lot, the following landscape standards shall apply: A minimum buffer strip of 10' in width shall include Code minimum canopy trees on 20' centers with a double row hedge that is 2 to 3 feet in height at the time of planting. These plantings will be place on an earthen berm of 2 to 3 feet in height. Adjacent to these plantings, a mid-story planting of vegetation that is from 3 to 6 feet in height shall be installed for the purpose of visual screening and noise reduction of vehicles using roadways within the project. The materials chosen shall obtain 60% opacity within the first year of planting and 80% opacity within the second year. The developer may with the permission of the adjacent property owner or homeowners association, elect to install a 6' wood-Crete fence in place of the mid-story plantings. Such fence shall be placed in a location mutually agreed upon in writing by the property owner or homeowners association, including on the adjacent property. The canopy trees and hedge shall be the same as identified above. The balance of the landscaping and buffering in the development shall be consistent with Division 2.4 of the LDC where applicable. -15- AGENDA ITEM SEP 1 2 2000 4.1 4.2 4.3 SECTION IV COMMON AREAS PLAN PURPOSE The purpose of this Section is to set forth the development plans and developme.nt standards for the area(s) designated as Tracts CR, Common Area/Recreation on the PUD Master Development Plan, Exhibit "A." The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses: 1. Lakes 2. Open Spaces / Preserve Areas 3. Pedestrian and bicycle paths or boardwalks constructed for purposes of access to or passage through the common areas and preserves. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 6. Clubhouse with meeting rooms, card rooms and general-purpose areas for residents of the Project. B. Accessory uses: 1. Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure for structures, location of access streets and parking areas and location and treatment of buffer areas. B. Buildings shall be set back a minimum of fifty feet abutting an external residential district and a landscaped and maintained buffer shall be provided. C. Lighting facilities shall be arranged in a manner, which will protect roads and neighboring properties form direct glare or other interference. -16- SEP 1 2 2OOO pg. d~"/ ... Do Maximum Height: 1. Principal Structure: 35 feet 2. Accessory Structure: 25 feet Minimum Off Street Parking: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. -17- SEP 1 2 2000 SECTION V PRESERVE AREAS 5.1 5.2 PURPOSE Preserve Area (P) - The purpose is to preserve and protect native vegetation, naturally functioning habitat and flow-ways in their natural state. USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: Open Spaces / Nature Preserves Boardwalks subject to appropriate approvals by permitting agencies. Roadway crossings as noted on Exhibit "A," PUD Master Plan. -18- AC'm~.NI:)A ITE. M $EP 1 2 2000 6.1 6.2 6.3 6.4 SECTION VI DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development ofthe project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes and regulations applicable to the PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title of the developer is subject to the commitments within this agreement. PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot and land use boundaries or special !and use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions &Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Ao The project is proposed to start construction of infrastructure in 2001. Model homes construction will commence in 2001/2002 with build-out estimated at seven to ten years. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Recreational facilities to include at a minimum, one clubhouse facility, two tennis courts and a swimming pool will be completed prior to 50% completion of the project. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. -19- SEP 1 2 2000 6.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS ho Street right-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a minimum right-of-way of 50 feet and pavement width shall be a minimum of 12 feet for one-way traffic and 24 feet for two-way traffic. Minimum Distance for right-of-way from Lakes (Section 3.5.7.1.2 of the LDC): Internal Roads that run parallel to water management lakes or detention areas shall be allowed a setback of less than 50 feet from the top of bank or control elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of walls or guardrails to reduce the setback to as little as 5 feet. Sidewalks (Section 3.2.8.3.17 of the LDC): Sidewalks will be required on one side only of all internal roadways in order to provide pedestrian access throughout the Project. 6.6 TRANSPORTATION Bo All accesses and roadways not located within County right-of-way will be privately maintained by an entity created by the project developer or his assigns. Road Impact Fees shall be paid in accordance with the Collier County Impact Fee Ordinance in effect at the time of building permit issuance, unless otherwise approved by the Board of Commissioners. 6.7 WATER MANAGEMENT ho In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25 year return frequency and shall be reviewed and permitted by the SFWMD. Before any development construction permits are issued, the developer's engineering consultant shall perform detailed field topographic surveys including cross-sections, a flow-way evaluation and a hydrologic / hydraulic computer water surface profile modeling study. That study should conclude that there will be no significant adverse impacts on the surrounding properties caused by the installation of the proposed control structure with overflow weir and filling within the historic low lying wetland slough. Said analysis shall be reviewed and approved by the SFWMD and Collier County Engineering Review Services Staff. The wetland slough shall be improved and maintained in perpetuity by removal of exotic plants and fallen debris that would significantly restrict storm water flow in the slough. 6.8 UTILITIES County water and sewer is available within the Right-of-Way of Livingston Road. -20 - $2? 1 2 2000 6.9 All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING ho If the property is subdivided into two or more parcels, a plat shall be required. Work within Collier County rights-of-way shall meet the requirements of Collier County Right-of Way Ordinance No. 93-64 6.10 6.11 6.12 6.13 ENVIRONMENTAL An appropriate portion of the native vegetation shall be retained on-site as required in the Collier County Land Development Code. Bo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. LANDSCAPING FOR OFF STREET AREAS Ao All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application except where otherwise noted in this document. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the common area ofthe Project for the purpose of accommodating an electoral polling place. An agreement recorded in the off, cial records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners associations. This agreement shall provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for electors residing within the development. HISTORICAL / ARCHAEOLOGICAL If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted as noted in Section 2.2.25.8.1 of the Land Development Code. -21 - AGENDA I¥~-I~d" S:? 12 2000 6.14 The developer agrees to adhere to any other stipulations or recommendations made by the Certified Archaeologist as a result of the required survey and assessment, prior to the issuance of the first development order. NEIGHBORHOOD PARKS This PUD provides recreational amenities for the benefit of the residents that live within the project. These facilities will include a pool, tennis and basketball courts, playground equipment, boardwalks and similar recreational amenities for the use of residents. The developer recognizes that Collier County has placed a high priority on the creation of neighborhood-scaled parks. Prior to 50% build-out of the project and upon the completion of an acceptable Impact fee credit agreement, the developer agrees to provide one of the following to Collier County: The developer will purchase and transfer title of a parcel of land to CollierCounty that is deemed suitable as a neighborhood park..5 to 1 acre of uplands shall be the minimum area provided. Emphasis will be placed on a location adjacent to a residential street within Willoughby Acres or one of the adjacent communities so that pedestrian access is convenient. The developer will install playground equipment or provide an equivalent contribution to Collier County to the extent that the cost of land and improvements combined does not exceed the Parks and Recreation impact fees that the project would otherwise pay to the County. Absent the ability to find a suitable off-site location, the developer will provide a park location within the project that is accessible by pedestrian means from adjoining communities. The minimum size of the parcel shall be .5 acres and will not allow parking or vehicular access. The developer will install playground equipment or provide an equivalent contribution to Collier County to the extent that the cost of the land and improvements combined does not exceed the Parks and Recreation impact fees that the project would otherwise pay to the County. - 22 - AGENDA ITE~ . SEP i 2 2000 KOilNilXll ~1¥01 HOIrmDNIAI'I llll~J,L'14 ++ ITEM :EP 1 2 2000 AGENDA IT~ SEP 1 2 20~ I I ,I I: I I I I I I EXHIBIT "C" - CONCEPTUAL WATER MANAGEIV~NT PLAN AGENDA ITEM SEP 1 2 2000 LAK.E TYPICAL SECTION SEP 1 2 2000 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE PUDoo~ ~ ~. Petition No.: :'" '~' ~ Commission District: Date Petition Received: Planner Assigned: .~ ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Meridian Land Co. Applicant's Mailing Address 10001 Tamiami Trail North City: Naples State Florida Applicant's Telephone # 941-593-3100 Name of Agent Brad Hedrich, P.E. Agent's Mailing Address 10911 Bonita Beach Road City Bonita Springs State F1 Agent's Telephone # 941-495-5766 Zip 34108 Fax # 941-593-3150 _ Firm Hedrich Engineering Suite 1021 Zip 34135 Fax # 941-947-4531 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 10 AGENDA f[~M SEP 1 2 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Itomeowner Association: Mailing Address na City State ~ Zip Name of Homeowner Association: Mailing Address na City State ~ Zip. Name of Homeowner Association: Mailing Address na City State ~ Zip. Name of Master Association: Mailing Address na City State__Zip Name of Civic Association: na Mailing Address City State ~ Zip 2. Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE - 10/98 PAGE 2 OF AGENI)A I'W=M SEP 1 2 2000 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Meridian Land Co. Tim Kaiser Clay Winfield John Winfield Percentage of Stock President Vice President Executive Vice Pres. Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parti individuals or officers, if a corporation, partnership, or trust. APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE- 10/9S PAGE 3 OF ,. &GE. NDA |IE~ $, 1151 / SEP 1 2 2000 P~. ~ Name and Address go Date subject property acquired ( ) leased ( ):Term of lease.yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Please see Exhibit 1. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Size of proper .ty: ft. X ft. = Total Sq. Ft. Acres +/- 145.47 Address/general location of subject oroper _ty: West of Livingston Road, 3A Mile North of Immokalee Road. 6. Adjacent zoning and !and use: APPLICATION FOR PUBLIC itEARING FOR PUD REZONE - 10/98 PAGE 4 OF 1~ AGENDA ITEM SEP I 2 2000 Zoning N A S RSF-3 E RSF-3 & A W PUD & A Land use _Royal Palm Academy (future) & vacant land Residential, single family & vacant MF & SF Residential and vacant MF & SF Residential & vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the (A), RSF-3 & ST zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property:_Residential with on-site amenities for residents Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. A~NDA m~ PAGE 5 OF I APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 SEP 1 2 2000 P.. 67 Standard Rezone Considerations (LDC Section 2. 7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The project as further stated in the PUD document in consistent with the Land Development Code. The proposed residential densi(y of 3 units per gross acre is 25% below the allowable base density. 2. The existing land use pattern. Existing land use pattern is mostly vacant with single family use to the South. Two parcels. have been incorporated into the proposed land plan and their access improved since the applicant does not have control of those parcels. The predominant current land use in Vacant and agriculture, but low densi_ty residential uses are anticipated once the Liv_ingston Road corridor has been open for a period of time. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed ? UD is consistent with the GMP and consistent with or of lesser intensity than existing pro/ects in the surrounding area. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The opening of Livingston Road has created access to the site which is primarily the reason _for the rezone request at this time. 6. Whether the proposed change will adversely influence living conditions in the neighborhood No. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. No. 8. Whether the proposed change will create a drainage problem. No. In fact the proposed pro/ect will improve the drainage in the surrounding area which has been problematic in the past 9. Whether the proposed change will seriously reduce light and air to adjacent areas. iVo. APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE- 10/98 10. Whether the proposed change will seriously affect property values in the adjacent area. No. Quality development of this caliber will however over time increase property values in the surrounding area. SEP 1 2 2000 Pg.~__~ PAGE 6 OF 16 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Yes. The mix of RSF-3 and Ag. Zoning would create a dilTtculty in completing a land plan that will protect the natural systems and still allow for low density residential development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. No. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. No, but it is difficult. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The properties physical characteristics are such that the only way to ensure the preservation of a critical wetland slough is through a unified development plan through the assemblage of small parcels. This approach greatly reduces the potential alteration of the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIJ, as amended. The project will comply with the Collier County Adequate Public Facilities Ordinance. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (LDC Section 2. Z3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Again, this pro/ect will utilize a low densit~ development pattern while improving drainage and protecting a valuable wetland slough. at public expense. Findings and recommendations of this type shall be made o: consultation with the county attorney. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained PAGE 7 OF 16 APPLICATION FOR PUBLIC IIEARIN(; FOR I)UD REZONE - 10/98 SEP 1 2 2000 Unified control is evidenced by the deeds and contracts to purchase that are a this application. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. As stated previousl)/, this project complies with andfurthers the goals and abjectives of the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Outside impacts are limited due to the extensive wetlands on site. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Open Space is in abundance due to the environmental restrictions on the property. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Livingston Road the infrastructure associated with it will be completed prior to any permits being. issued for this pro/ect ensuring adequate capacity. The ability of the subject property and of surrounding areas to accommodate expansion. The pro[ectproposes connections to existing streets should the Commission wish to require it. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect orooer~: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; APPLICATION FOR PUBLIC IIEARIN(; FOR PUD REZONE - 10/98 PAGE 8 OF 16 SEP ! 2 2000 bo If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). d. Statement of utility provisions iwith all required attachments and sketches); APPLICATION FOR PUBLIC IIF. ARING FOR I't!D REZONE - 10/98 A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; AGE. N~A 'l'l'~r-.M SEP 1 2 2000 PAGF. 9 OF 6 f. A historical and archeological survey or wai~.~-'~fi~tion if property is located within an area of historical or archaeologl proha ity (as identified at pre- application meeting); cj. Any additional require. ments as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE . 10/98 PAGE 100F 1 SEP 1 2 2000 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF" Now- COPIES REQUIRED REQUIRED 1. Completed Application 15 ~" 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation 3' Completed Owner/Agent Affidavit, Notarized 1 4. 'P~e-application notes/minutes 15 b,/" 5' Conceptual Site Plans 15 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph ' (with habitat areas identified)4 v/' ~E~ E.!.,~. 8. Cornpie'ted Utility Provisions Statement (with required4 attachments and sketches) ,w/' ,, 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits ....4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee and Data Conversion Fee Check shall. be made payable to Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay &processing this petition. Agent/Applicant Signature APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date PAGE 16 OF 16 AGENDA ITEM SEP 1 2 2000 QUARLES & BRADY LLP VILLAGE BANC 5619 ATI'ORNEYS AT LAW OF NAPLES TRUST ACCOUI~T F ES, FLORIDA 34103 1. :pOq~:.~.~,~,..~ $*****'6,150.00 4501 TAMIAMI TRAIL NORTH, STE. 300 April Date ~ ': ~- Amount NAPLES, FLORIDA 34103 83-1425/670 01 - ,.,-~ - - - Six Thousand One Hundred Fifty Dollars and Zero ,Cents ' - - '~ ~ay Board of County Commissioners ~o the )rder of RIZED ,~GNATURE J :!uarles & Brady LLP ~,ttomeys at Law .501 Tamiami Trail North, Ste 300 Japles, Florida 34103 ~eference Wachowicz/Meridian Gen. Village Banc of Naples Naples, Florida Check No. 5619 April 11, 2000 $******6,150.00 Date Amount the )rder of Board of County Commissioners 'i/e No. 31217 Wachowicz Wachowicz/Meridian Gen.(960580.31217-LJS) Quarles & Brady LLP Trust Account 501018 NOT NEGOTIABLE DETACH AND RETAIN THIS STUB Check Stub /~© Pan Pacific Professional Brief Accounting (tin) :tuarles & Brady LLP 'ay b the )rder of Board of County Commissioners Check No. 561 9 April 11, 2000 $*****'6,150.00 Date Amount 'eference ;JE 3563 ile No. Wachowicz/Meridian Gen. GL Account 181 Village Bank - Trust 2111 Bank - Trust Liabi,,. 31217 Wa chowicz Dr Cr 6,150.00 6150 Authorized by: { Wachowicz/Meridian Gen.(960580.31217-LJS) Trust Account Check Printed: Apr 11, 2000 1:35 PMImdr Quades & Brady LLP Village Banc of Naples Trust Account 501018 Marian D. Ryan FILE COPY © Pan Pacific Professional Brief Accounting (t,,' AGENDA ilcjvl '"'" SEP 1 2 2000 )age No. I AFF ~A VIT We/I, MERIDIAN LAND CO being first duly sworn, depose and say that we/l am/are the owners of the property 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/l 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 property owner We/I further authorize Quarles & Brady (Leo J. Salvatori) to act as our/my representative in any matters regarding this Petition. Signature of Property Owner [ ? // i' // ¢' .... ;- : ' Typed or Printed Name of Owner Signature of Property Owner ~ ~ / · . . . .... ............. ~gped or Prin'ted Name of Owner The foregoing instrument was acknowledged before me this I% I day of (~' -~- - ~ t9~_~, by ?'~ ~z.~,:~~.~, ~. ~<(~ who ispersonally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of ' le lorida) A_ .P_p_!~LC~AT~ION EQR. P~U~BL_[C HE_A~R_I~G_ FQ!~P~U_D R_EZO_N_E~-_I_0/~8_ (Print, Type, or Stamp Commissioned Name of Notary Public) AGEI~AITEM PAGE 16 O 16sE? I AFFIDAVIT 1;Ve/I, ,~ ~ /~. ~,d~'/o/ being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed' bearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data; arm other supplementary matter attached to and m~de a part of this application, are honest and true to the beat of our knowledge and belief. V/e/I 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 property owner Weft further authorize HEDRICH ENGINEERING, INC. and PLANNING SOLUI70NS INC. to act as our/my representative in any matters regarding this Petition. bf Property ~er { -' Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this I k~ ~'~ day of (X~,r t \, t2Izo~q by O~V,~ x~,~,~rr'~.e.~ ~'~'~ho~personal!¥ known to m~ or hasproduced ~ i~nafication. State of Florida County of Collier ,~PP. ItlCATION FOR PUBLIC HEARI~C, FOR I'UD RE,?X)NE - 10t~8 (~ Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) AGORA ~T~M SEP 12 2000 $TATEMEKF OF ' ,~ PI~:,VI~/~FOR PUD REZONE REOUE~T ADDRESS: 10001 TAMIAbH TRAIL NORTH ADDRESS OF SUBJECT PROPERTY (IF AVAII.ABI.E): ApPROXIMATELY y~ Mll.l~.~ NORTH OF IMMOKALEE ROAD AND DIRECTLY WE~T OF LIVINGSTON ROAD EXTENSION (SEE BOUNDARY SURVEY FOR EXACT D~SCRn'no~q, . 4. I,~.GAL DESCRIPTION: Sections: 13 gnd 24 Township: Lot: Block: PL~t Book P~ge #: Mete~ & Bounds Description: ~s ~u~h Subdivision: Range: 2~ Property LD.#: SEE BOUNDARY SURVEY FOR DE$~ON. SEE DEEDS FOR QTHER INFQRMATIQN. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTn.rI'Y SYSTEM [~ crrY rrn.u- SYSTEM c. FRAN~ED UTILITY SYSTEM [--i PROVIDE NAME d. PACKAGE TREATMENT PLANT [--] (GPD capacity). e. SEPTIC SYSTEM · TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTn.rrY SYSTEM b. CITY UTn.rrY SYSTEM c. FRANCI~ED UT!I.ITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WET.L) APPUCATION FOR PUBLIC ~ FOR PUD REZONE - AGENDA ITE!d SEP 1 2 2000 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DP, ILY DEMANDS: A. WATER-PEA/( 0.27 mgd. AVERAGE DP.H.Y 0.'12 med ~ B. SEWER-PEAK 0.27 mfd AVERAGE DAILY 0.12 mgd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: JULY 1~ 2001 . . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engi~e~'. COLLIER COUNTY UTI]L~ DEDICATION STATEMENT: If the project is located within the services boundaries'of Collier County's utility service system, written notarized statement shall be provided agreeing. to dedicate to Collier County Utilities the water dism'bution and sewage collection facilities within the project area upon complydon of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agr~u'nent to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AV~ILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Pr~v~fou Sta~em~mt ~ 10/17/97 APPLICATION FOR PUBLI~ II~ARINO FOR PUD RF_.ZONE - ITEM $EP 1 2 2000 TRAFFIC IMPACT STATEMENT April 10, 2000 VILLAGES OF MADEIRA 145.93 Acre P.U.D. Located in Sections 13 and 24, Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: WINFIELD COMPANIES, INC. 10001 Tamiami Trail North Naples, Florida 34108 PREPARED BY: HEDKICH ENGINEERING, INC. 10911 B~)hita Beach Road, Suite 1021 Bonita Springs, Florida 34135 2000 PROJECT SUMMARY AND DESCRIPTION Winfield Companies, Inc. is proposing to rezone an existing group of parcels totaling 145.93 acres to a Resid,~ntial PUD (Planned Unit Development). The majority of the parcels are currently zoned RSF-3 (Residential Single Family - 3 units per acre) with the approximately 40 acre remainder being zoned A (Agriculture). The proposed project will contain a maximum of 438 dwelling units (3 units per acre) along with ancillary recreational and community service- type uses. The project is expected to begin site preparation near the end of 2000 with project build out expected to occur around 2005 depending on sales and the economy. The project is located on the west side of Livingston Road approximately 0.75 miles north of Immokalee Road (CR 846). The project is bounded by Livingston Road and agricultural lands on the east; Willoughby Acres, Willoughby Pines, Majestic Pines and Turnbury on the south; Imperial Golf Estates, Candlewood and Falcon Ridge on the west; and Imperial Golf Estates, agricultural lands and the proposed Royal Palm Academy on the north. Access to the site will be fi'om Livingston Road. The project is expected to generate an average of 4,192 new external trips (see table 1) to the adjacent roadway system (see tables 2 and 3) on a daily basis, of which 442 (10.5%) will occur during the p.m. peak hour. The peak hour traffic distributio~ and projected impacts on the roadway systems within a 5-mile linear distance from the site can be seen in tables 4 and 5. Based upon the. criteria in the Growth Management Plan Transportation Element Policies 5.1, 5.2 and 7.2, the project does not generate sufficient traffic so as to constitute a significant impact on any link projected to be deficient within one year nor does the project expect to have an adverse impact on any residential streets within the area of influence (see Growth Management Plan section). Therefore, the fezone request for this project is consistent with the Growth Management Plan policies. It should be noted that after analysis of the future roadway conditions (see table 3) some segments have been identified as potentially becoming deficient during the build out of this project. Collier CountIt's Concurrency Management System requires that improvements be programmed within three years of a roadway becoming deficient in order for concurrency to be maintained. Failing to make the improvements requires the County to initiate a building moratorium in the area of the affected link. In the event the County fails to make the needed improvements in any of the roadways identified in table 3, this project will be subject to any such moratorium created until such time as the needed improvement is programmed. It should also be noted that although Livingston Road has been included in this study, no projected volumes were currently available from the review agencies. Also, information for tables 2, 3, 4 and 5 was obtained from the following sources: Signal Groups and LOS Standard and Minimum Standard per Collier County Transportation Pla~nlng Database Capacity Analysis, Dated December 16,.1997. LOS based on Tables in Collier County Growth Management Plan, March 14, 1995 Revision. SEP 1 2 2000 TRIP GENERATION METHODOLOGY The computer program, Trip Generation, Version 4, by Microtrans was used to identify the project's trip generation rates and volumes. The program uses information found in the ITE (Institute of Transportafon Engineer's) Trip Generation Report, 6~ Edition for calculating rates and volumes. Since the project is primarily single-family residential with only a small portion of ancillary recreational and community set-vice-type uses, Single Family Detached Housing was used in this trip generation analysis. See the summary ofTrip Generation Rates and Calculations for specific information. The data shown in Table 1 below is taken from this information. Note that only the 4-6 PM Peak Hour d~ta are shown since the volumes are greater than the 7-9 AM Peak Hour. TABLE 1 PROJECT TRAFFIC AT BUILD OUT AVERAGE WEEKDAY DRIVEWAY VOLUMES LAND USE SIZE 24 HOUR, 2- 4-6 PM PEAK HOUR WAY VOLUME ENTER EXIT TOTAL Single Family Detached438 4192 285 158 442 PLANNED/PROPOSED ROADWAY IMPROVEMENTS The developer will provide appropriate turn lanes at the project entrance. These improvements are considered site related and not subject to an impact fee credit. The developer will pay an appropriate fee required by the County's Road Impact Fee Ordinance 92-22, as may be amended, as building permits are issued for the proposed project. THROUGH TRAFFIC No significant through Waffle is expected for this project. PROJECT PHASING Even though this project will be phased, this traffic impact stztement is based on build out conditions since the potential impact to surrounding roadways from this project is so minor. AGENDA I~'1~ . SEP 1 2 2001) GROWTH MANAGEMENT PLAN CONSISTENCY Transportation Element Policies 5.1 and 5.2 establish a standard of review for all rezoning requests. Policy 7.2 requires an evaluation of potential neighborhood impacts as part ofrezone consideration. Policy 5.1 states: "The County commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate within one year at an unacceptable Level of Service unless specific mitigation stipulations are approved." Policy 5.2 states: "Significant impact is hereby defined as generating a volume of traffic equal to or greater than 5% ofthe Level of Service C peak hour volume of an impacted roadway." As can be seen f~om Table 4 of this TIS, which describes the LOS "C" Peak Hour Maximum Service Volumes for each road segment, this project does not generate sufficient traffic so as to constitute a signif]cant impact on any of the road segments in a 5 mile linear radius. Policy 7.2 states: ''The County shall require the submission of a neighborhood traffic impact assessment as a part of all rezone and conditional use applications. This study will analyze the proposed project's impact on surrounding neighborhood streets." Since this project's access point is Livingston Road instead of the internal roadways of Willoughby Acres, the project is not expected to have an adverse impact on residential streets within the area of influence. AGENDA ITEM SEP 12 2000 z SEP ! 2 2001] P~._~ SEP 1 2 2000 AGENDA ITE!vl. SEP 1 2 2000 Haderla ?UD ~ ~ Summary of Trip Generation Calculation For 438 Dwelling Units of Single Family De=ached Housing March 20, 2000 Ave. Weekday 2-Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour EnCer 4-6 PM Peak Hour Exi~ 4-6 PM Peak Nour Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour Saturday Peak Hour Total Average Standard Adjustment Driveway Ra~e Deviation Factor Volume 9.57 3.69 1.00 4192 0.19 0.00 1.00 85 0.56 0.00 1.00 24§ 0.75 0.90 1.00. 329 0.65 0.00 1.00 285 0.36 0.00 1.00 158 1.01 1.05 1.00 442 10.09 3.67 1.00 4419 0.51 0.00 1.00 223 0.43 0.00 1.00 188 0.94 0.99 1.00 412 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th ~dition, 1397. TRIP GENERATION BY MICROTRANS AGENDA ITEM SEP 1 2 2000 Suzmmar¥ of Trip Generation Rates /~f~ For 438 Dwelling Units of Single Family De?ache~'~ousing March 20, 2000 ~ Avg. Min. Max. No. Trip Trip Trip Std. of Ra%e Rate Rate Der. Studies Avg. Weekday 2-Way Volume 9.57 4.31 · 21.85 7-9 AM Peak Hour Enter 0.19 0.08 0.57 7-9 AM Peak Hour Exit 0.56 0.25 1.70 7-9 AM Peak Hour Total 0.75 0.33 2.27 4-6 PM Peak Hour Enter 0.65 0.27 1.91 4-6 PM Peak Hour Exit 0.36 0.15 1.07 4-6 PM Peak Hour Total 1.01 0.42 2.98 AM Pk Hr, Generator, Enter 0.19 0.08 0.57 AM Pk Hr, Generator, Exit 0.58 0.25 1.90 AM Pk Hr, Generator, Total 0.77 0.33 2.27 PM Pk Hr, Generator, '~nter 0.65 0.27 1.91 PM Pk Hr, Generator, ~xit 0.37 0.15 1.07 PM Pk Hr, Generator, Total 1.02 0.42 2.98 Saturday 2-Way Volume 10.09 5.32 14.72 Saturday Peak Hour Enter 0.51 0.27 0.95 Saturday ~eak Hour Exit 0.43 0.23 0.81 Saturday Peak ~our Total 0.94 0.50 1.75 Sunday 2-Way Volume 8.78 4.74 12.31 Sunday Peak Hour Enter 0.46 0.29 0.78 Sunday Peak Hour Exit 0.40 0.26 0.70 Sunday Peak Hour Total 0.86 0.55 1.48 3.69 348 0.00 0 0.00 0 0.90 271 0.00 0 0.00 0 1.05 294 0.00 0 0.00 0 0.91 334 0.00 0 0.00 0 1.05 352 3.67 72 0.00 0 0.00 0 0.99 51 3.33 68 o.oo o 0.00 o 0.95 50 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS AGENi3A I_']rJvl , / SEP 12 2CCO_ _. COLLIER COUNTY APPLICATION FOR WAIVER OF HISTORIC AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME: Madeira PUD LOCATION (COMMON DESCRIPTION): Immediately Wet of Livingston Road, Vn miles North of Immokalee Road. DATE: 4-13-00 SUMMARY OF WAIVER REQUEST: The parcel is not located within a probabiliW area and has been vacant and undeveloped. SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATE A. Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Meridian Land Co. (owner and contract purchaser) Mailing Address: 10001 Tamiami Trail North Phone: (941-593-3100.) FAX: (941) 593-3150 Name of agent(s) for applicant, if any: _Brad Hedrich, P.E., President of Hedrich Engineering._ Mailing Address: 10911 Bonita Beach Road Bonita Springs, FL 34135 .Phone: (941) 495-5766 FAX: (941 ) 947-4531 Name of owner(s) of property, if different than applicant: _various, see copies of deeds and contracts to purchase attached to PUD application. - ~,~ Page 1 of 4 SEP Mailing Address: Phone: ( ) FAX: ( ) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from properD' owner(s). (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA Legal description of subject property. Answer only I or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range. Note: At-tach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. Go If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified sun, ey or boundary sketch to be submitted. See PUD document for a full legal description. Properly dimensions Area: square feet, or Width along roadway: +/- 1320' Depth: varies, up to 3,700' Present use &property: Vacant +/- 145.93 acres Present zoning classification: RSF-3 and A Page 2 of 4 SEP 1 2 2000 SECTION THREE: WAIVER CRITERIA/WAIVER REQUEST Properties located within an area of Historical/Archaeological Probability with low potential for historical/archaeological sites may petition the Community Development and Environmental Services Administrator or his designee to waive the requirement for an His';orical/Archaeologieal Survey and Assessment. The Community Development and Environmental Services Administrator or his designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3.' Description of land cover, land formation and vegetation The Community Development and Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. B. Waiver Request Justification 1. Interpretation of Aerial Photograph: Land is vacant & undisturbed. Residential development has occurred prdominantl¥ along the Southern and Western boundaries of the Project. 2. Historical Land Use Description: Vacant. Oecassional use for the stockpiling of fill material from other projects either with or without property_ owners consent. Land, cover, formation and vegetation description: Please refer to the EIS dated February 2000 by Jack L. Abnev, Environmental Consultant. 4. Other: This provision is to cover instances in which it is obvious that any archaeological or historic reso which may have existed has been destroyed. Examples would be evidence that a major building constructed on the site or that an area has been excavated as a quarry. The Community Developt Environmental Services Administrator may seek counsel of the Chairman of the Historic/Archaec Page 3 of 4 Preservation Board when it is not completely evident that the site is without archaeological or historic value. SECTION FOUR: CERTIFICATION The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. Co All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 'A" X 14") folder. Signature &Applicant or Agent Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION ** SECTION FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Administrator or his designee has made the following determination: I. Approved on: 2. Approved with Conditions on: 3. Denied on: (see attachment) (see attachment) Page 4 of 4 SEP 1 2 2000 EXECUTIVE SUMMARY PETITION CU-2000-l0 RICHARD GRANT OF GRANT, FRIDKlN, PEARSON, ATHAN & r- CROWN, P.A. REPRESENTING SIGNATURE COMMUNITIES, INC., REQUESTING CONDITIONAL USE "5" OF THE "RT" ZONING DISTRICT PER SECTION 2.2.8.3. FOR A PRIVATE CLUB FOR PROPERTY LOCATED AT 9467 GULF SHORE DRIVE NORTH, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision regarding a Conditional Use of property authorized in the "RT" Resort Tourist District, for a private club, Conditional Use "5" of Section 2.2.8.3 of the LDC. CONSIDERATIONS: The property lies on both the east and west sides of Gulf Shore Drive having contiguous frontage with both the Gulf of Mexico and the intercoastal waterway. The project as proposed is intended to provide an off-site amenity to the residents of the Signature Communities developments, which are scattered throughout Collier County. The site was originally approved for Conditional Use approval for a Private Club in 1998 for residents of Twin Eagles developments. It is staffs understanding that the site is under contract for purchase by the developer's of Signature Communities who wish to utilize the site as a private beach club as it was originally approved in 1998 with a minor modification to the conditions of approval. The intended use of this facility will be for day excursions to the beach via car, shuttle or boat for the western parcel, overnight stays as desired for the eastern parcel and special day or evening functions. ,-. Through the Conditional Use process, the petitioner wishes to eliminate the following stipulation, which was approved as part of Resolution 98-234 for the Twin Eagles Beach Club. "The facilities shall operate only as an amenity to the Twin Eagles Golf and Country Club Development, for use only by members and guests of the development/country club." The proposed amendment is different from the previously approved Conditional Use, in that the project as proposed will not restrict where the owner's may draw their membership. However, similar to the previously approved Conditional Use, there is a condition in the proposed Resolution, which limits the number of users of the club to 112 to be permitted on the site at one time. All other stipulations approved in the previously approved resolution will remain intact. StatThas added an additional condition of approval, which will require the petitioner to comply with the approved Site Development Plan. Any substantial amendments to the Site Development Plan shall require new Conditional Use approval. The western parcel of the project is located on the Gulf of Mexico and is currently partially developed with a 2,400 square foot covered beach house/pavilion and a swimming pool. The proposed use of the western parcel will provide for a pool and deck, bathhouse and limited food service. A Site Development Plan has been approved for the site indicating that the western parcel when development is complete, will contain a 2,400 square foot covered beach/house ~, AGEH:JA ITEM No. /~.(IJ),.. SEP '1 2 2000 1 Pi. / ..... pavilion, a swimming pool, and 13 parking spaces. The eastern parcel of the project will function as a rnotel/time share/rental unit property. The proposed use of the eastern parcel will retain the overnight accommodation use with the existing units to be renovated. Proposed work on the eastern parcel will also include the addition of a boat slips and a total of 15-18 parking spaces at buildout. The boat slips will be used as a secondary way to access the property if so desired. PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The subject site has previously received Conditional Use approval to operate as a private club in 1998. Ownership of the property is changing, thereby necessitating a new Conditional Use to remove an existing stipulation, which is no longer applicable to the new owners. This should not have a negative impact on abutting property owners since the conditions of approval which limit the number of users on site at one time shall remain intact. The conditions of approval contained in the previously approved resolution were cfafted in part, as a result of public input by neighboring property owners to mitigate potential negative impacts of the proposed use on their properties. CONS: The use of this property as proposed might have an effect on adjacent property owners, primarily with fespect to noise that will be generated by those people using the facilities. This effect may have some negative economic impact as well, however, we can not be sure that the incremental difference between what is proposed and what could otherwise take place through currently permitted uses of the property is significantly different in terms of potential noise, and thusly economic impact. It is not altogether clear that a use of this property by an off-site residential community will be significantly more intense than a currently permitted use, because it will to some extent depend upon the size ofthe Signature Communities developments and they extent to which Signature Communities wishes to market the club to outside users. Certainly, there will be peak usage periods. FISCAL IMPACT: This Conditional Use request by and of itself will have no fiscal impact on the County. The proposed Conditional Use will not cause a significant change to the previously granted Site Development Plan approval and building permits for the site. By virtue of conditions of approval, the petitioner is prohibited from making significant changes to the approved Site Development Plan without applying for a new Conditional Use approval. Changes to the fiscal impact ofthe project will be evaluated at that time should the property owner make application fOf a new Conditional Use. For your information, building permit fees and utility fees have traditionally offset the cost of administering the community development review process, AGEN)A ITEM No. If)- (~n,.. SEP 1 2 2000 2 Pc. ':J- \ whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact ofthe Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions ofthe Growth Management Plan. This petition will have no impact on the County's Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues that have been identified by staff upon review of this petition. This land use petition was not required to be heard before the EAC. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaV Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staffrecornmends that Collier County Planning Commission recommend approval of Petition CU-2000-10 subject to the stipulations as outlined in the resolution of adoption. EAC RECOMMENDATION: The petition was administratively reviewed on behalfofthe EAC and staff addressed those matters jurisdictionally within their purview and to the extent necessary provisions were made part of the stipulations in the Resolution of Adoption. PLANNING COMMISSION RECOMMENDATION: At the Planning Commission meeting held on June 17,2000, the Planning Commission voted unanimously to forward a recommendation for approval ofCU-2000-10 to the Board of County Commissioners subject to staff's stipulations as outlined in the resolution of adoption. This petition is not on the summary agenda because staff received a letter of objection, thereby removing its eligibility to be placed on the summary agenda. J.GEN)A n'EJt. . No. /?- ~l ~ . 3 SEP 1 2 2000 f pt. ..3 PREPARED BY: --. A-cc4../~ --) \.-fr.J,U....i.A_I-<..f _ SUSANMURRA Y, AICP 0 CHIEF PLANNER ,J I) ~ I)C() n DATE RE <6f.~ f I dO DATE RO~~RE' AICP, DIRECTOR PLANNING SERVICES DEPARTMENT q/~) I~ DATE I APPR~7 BY: ~ftr k /~J VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-2000-10, Signature Communities NOTE: This Petition has been tentatively advertised for the September 12, 2000 BCC meeting. 4 , \ ' AGDI)A ITEM No. / $-Cl>l2- , .' r SE~ 1 2 2000 ~ " ! PI. /f ~................,.--.......,,,, -,' --------------"._~.~..... ... ..-.....---....-......--.-.....---. ..~-_... e e -- .. \., AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 1, 2000 PETITION NO: CU-2000-10t SIGNATURE COMMUNITIES BEACH CLUB RE: OWNER/AGENT: Agent: Richard C. Grant Grant, Fridkint et al 5551 Ridgewood Drive, Suite 501 Naplest Florida 34108 Owner: Signature Communitiest Inc. 5551 Ridgewood Drivet Suite 203 Naplest Florida 34108 Contract Purchaser REOUESTED ACTION: This petition seeks a conditional use of property authorized in the "RT" Resort Tourist District. The conditional use is for a private clubt conditional use "5 II of Section 2.2.8.3 of the LDC. The site was originally approved for a conditional use for the same purpose in 1998. The contract purchaser wishes to amend the conditions of Resolution 98-234, which granted Conditional Use approval on the site on June 23, 1998. GEOGRAPHIC LOCATION: The property lies on both the east and west sides of Gulf Shore Drive having contiguous frontage with both the Gulf of Mexico and the intercoastal waterway (see illustration following page). PURPOSEIDESCRIPTION OF PROJECT: The project as proposed is intended to provide an off-site amenity to the residents of the Signature Communities developments which are scattered throughout Collier County. Use ofthe site and facility will not be restricted to the residents of the communities or their guests. The intended use ofthis facility will be for day excursions to the beach via caI, shuttle or boat for the western parcel, overnight stays as desired for the eastern parcel and special day .or evening functions. 1 ~ 1~ ",' hi ~ w , , I i;' i r : ~ ' iI, : I :; _._~ l - ~ ---- '., ~ I _ _ ._---.-. 1 - i''tL ." '" -t ~-. o z r- o n ~ - C> Z ~ )> " II TMUII 1'IUlL (U... ..., II e I o o I o - ~ / -to...... - @ . en - -f m P f 2 2000 'pt. 10 .._~-- .... -. _ The western parcel of the project is located on the Gulf of Mexico and is currently developed with a 2,400 square foot covered beach house/pavilion and a swimming pool. The proposed use of the western parcel will provide for a pool and deck, bathhouse and limited food service. Presently the eastern parcel of the project also functions as a moteVtime share/rental unit property. The proposed use of the eastern parcel will retain the overnight accommodation use with the existing units to be renovated. Proposed work on the eastern parcel will also include the addition of a boat slips and parking. The boat slips will be used as a secondary way to access the property if so desired. The proposed number of boat slips is consistent with adjacent boat slips for the properties to the north and south. Minor demolition will also occur on this parcel and will include the removal of the existing pool and boat docks. Since the property will be under new ownership, the contract purchaser's wish to remove the existing limitation pursuant to Resolution No. 98-234 which restricts the use of the club to operate only as an amenity to the Twin Eagles Golf and Country Club Development, for use only by members and guests of the development/country club. The petitioner has informed staff that they intent to market memberships to residents of Signature Communities. SURROUNDING LAND USE AND ZONING: - Existing: Both sides of Gulf Shore Drive are developed. The west side contains an existing covered beach house/pavilion. The east side contains a moteVtime share facility, which will be retained, and the property renovated. Both sides are zoned "RT" Resort Tourist. Surrounding: North: To the north the property is developed with a multi-family structure known as the Sunset Bay Condominium Association. This property is zoned "RT' Resort Tourist. South: To the south the property is developed with a multi-family structure with a time share/rental-operating characteristic. This property is zoned "RT" Resort Tourist. East/West: The subject property is bound on the east side by the intercoastal water system and by the Gulf of Mexico on its west boundary. Gulf Shore Drive divides the properties. 2 - AGea)A ITEM No. /.,.2 (8) J. SEP r 2 2000 p,. !?' .. '. C GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban-Mixed Use-Urban Residential on the FLUE Map to the GMP. This designation anticipates residential development and certain types of development that are inherently compatible with the urban residential area. These uses are inclusive of public or private recreational amenities. As such the land uses proposed are consistent with the FLUE to the GMP. Other consistency relationships are advised as follows: DensitylIntensity .Any consideration of density is not applicable inasmuch as the property on the western side of the site is developed with recreational amenities and supporting ancillary building structures. Intensity relationships apply to non-residential building relationships, however, the FLUE does not provide any thresholds for the amount of building space that could be constructed on the west side, while the residential structure on the east side will remain as is with the exception of remodeling work. 6. Traffic. The ITE Trip Generation Manual indicates that the private club facility will generate approximately 50 to 80 trips on a weekday. Based on this data, the site-'generated traffic will not exceed the significance test standard (5 percent of the LOS "e" design volume) on Gulf Shore Drive. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Redevelopment of the site for residential purposes would allow a residential structure containing seven (7) dwelling units. This development would generate almost the same amount of weekday trips as the recreational use of the property. The TCE lists this segment as a 2-1ane road. The traffic count is 5,452 and is operating at LOS "C". It should be noted that this segment is not projected to be deficient within the next five years. As a result, no road improvement is required for concurrency purposes. The trips generated by this petition will not exceed 5 percent of the LOS "C" design capacity on any road segment and will not lower the LOS below the adopted standards. Therefore, this conditional use request (if approved) will not create or excessively increase traffic congestion within the projects RDI. It is also consistent with Policies 1.3, 1.4,5.1,5.2 and in the TCE of the GMP. Open Space/Recreation .Because the property is serving recreational and open space qualifying uses it consistent with the open space/recreation element. Coastal Conservation and Management Element .No building structure will extend seaward of the buildings on either side. Inasmuch as the site is now intensively developed, natural features and vegetation issues are non-existent. --. 3 AGEtf)A No. / L <2'3) d- SEP; 1 2 2000 i p,. ~ - e - . . Other Applicable Elements .Project development is served by the County's sewer and water system. Storm water management is a function of subsequent site planning requirements. I \ / HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map, therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. fthe Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff CRITERIA EVALUATION: The Current Planning Staffhas coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each ofthe criterion noted below, and are categorized as either pro or cons whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The requested uses are consistent with applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of consistency evaluation with the GMP and LDC. 4 AGENDA ITEM No. /~ (JJJ ~ SEr 1 2 2000 l . .. .p~: Cf ~ ~ w J Summary Conclusion (Findings): The proposed use is authorized in the urban residentially designated area, and is conditionally permitted in the "RT" zoning district. Conditionally authorized uses are typically uses that are essential or otherwise complimentary to the underlying zoning district, except that there may be in certain cases relationships with nearby land which require special attention to bring about compatible relationships. Staffis ofthe opinion that compatible relationships can be achieved in this case. 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. Pro: i) The conditional use master plan is designed to accommodate ingress and egress to the property by placing parking spaces for day users and emergency vehicle access immediately contiguous to Gulf Shore Drive. ii) Access to beachfront activities is unencumbered from the parking lot for emergency medical personnel and fire suppression vehicles. Con: Gulf Shore Drive is a two-lane facility with very intensive land uses. Presumably during peak season emergency providers in reaching the subject property may experience some time loss. Summary Conclusion (Findings): The relationships inherent in these criteria can be addressed by employing optimum site planning standards. In the opinion of staff the conditional master plan is responsive to ingress and egress and on-site circulation requirements. Given the open space nature of on-site activities, access by emergency providers should not be a problem. On the other hand there may be some loss in travel time experienced by emergency providers during peak seasons because of the two-lane geometry of Gulf Shore Drive and the intensity of uses along the route. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: An alternate permitted use of the property may represent as near a condition of intensity of use as the proposed beach front recreation amenities for an off-site residential development. Under this scenario there would be no different effect on noise, glare, economic or odor. For example, a hotel could be constructed on the property with similar recreational amenities as those proposed, for off-site users. 5 AGENDA mM No. /,;2.. 00 J. SEP 1 2 2000 P8. /~ - Inasmuch as intended users are from an off-site residential community its use is limited to day time usage unlike potential evening time usage by on-site occupants. ./ Con: There is no effective way oflimiting the use of this property to residents and members of the Signature Communities Development except that for all practical purposes the facility by virtue of its size is self-limiting in that due to its small size and limited parking, will likely retain a limit beyond which it will discourage users. Summary Conclusion (Findine:s): The use of this property as proposed will have an effect on adjacent property owners, primarily with respect to noise that will be generated by those people using the facilities. This effect may have some negative economic impact as well, however, we can not be sure that the incremental difference between what is proposed and what could otherwise take place through currently permitted uses of the property is significantly different in terms of potential noise, and thusly economic impact. In the opinion of staff; glare is not an issue, while potential adverse effects from cooking odors can be mitigated by appropriate exhaust and placement controls. In any event a permitted use of the property would not be restricted or prevented from preparing food in the outdoors (i.e. barbecuing) ,therefore, having a similar effect. - It is not altogether clear that a use of this property by an off-site residential community will be significantly more intense than a currently permitted use, because it will to some extent depend upon the size of the Signature Communities developments and they extent to which Signature Communities wishes to market the club to outside users. Certainly, there will be peak usage periods. A host of conditions for approval can mitigate to a large extent effects frorn noise, glare, economic and odors. d. Compatibility with adjacent properties and other property in the district. Pro: The marginal difference between the impact of permitted uses and the proposed conditional use is not so significant that one can equivocally state that the proposed use is incompatible with the uRT" Resort Tourist district uses (i.e. Motel/time share and multiple family condominium). Recreational amenities on adjacent properties are similar to those proposed. The only difference is that the users reside elsewhere as opposed to on-site. Con: The degree to which recreational uses of the subject property exceed those that may arise from a permitted use of the property and adjacent properties gives rise to a measure of incompatibility. - ~}t~-l SEP 1 2 2000 . PI. / / 6 '-' " (. . There is no definitive way to regulate the intensity of usage of the subject property short of its maximum potential beyond which users will turn away. SummarY Conclusion lFindinlzs): Inherently the use of this entire parcel as a recreational amenity to an off-site user community will introduce a level of discomfort particularly to the condominium development to the north considering the fact that the property to the south functions like a motel and is therefore similar in use. Nevertheless, the way this property functions can be regulated so that the least amount of adverse impact on its neighbors is effected. Compatibility can be enhanced by the following operational requirements. (i) Restricting hours of operation (ii) Regulating food preparation and beverages available. (iii) Site planning to ensure that structures, which may generate odors, are placed as far away from adjacent buildings as possible and exhaust devices are properly utilized. (iv) Site planning improvements to create appropriate landscape buffers so that at grade views from adjacent properties are limited. (v) Restrictions as to entertairunent. (vi) Other site planning restrictions to ensure that on-site activities and functions to limit impacts on adjacent property. STAFF RECOMMENDATION: That the Collier County Planning Commission recommends approval of Petition CU-2000-06 as conditioned by the draft Resolution and Exhibits made a part thereof. 7 AGENI:)A No. /~($J '- SEP ; 1 2 2000 i , Pit. ; /;L e PREPARED BY: ~ 'rnU.AA~ AUSAN MURRAY, AICP CHIEF PLANNER j au j__u.-tJ T ~ 2000 DATE RE ~.tNI.OD DATE ~/ RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION ~ ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES -APPROVED BY: 9:4 a. 4L-- ()fiO? /w DA r 8~cf..~ VINCENT A. CAUTERO, AICP, ADMINlSTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. '.- Petition Number: CU-2000-l0 Signature Communities This petition has been tentatively scheduled for the September 12, 2000 Board of County Commissioners Public Hearing. Collier County Planning Carom ssion: - 8 '._...&...-_'.L- ._........ AGENDA IT'EM No. /.~) ~.. . SEP 1 2 2000 pi.l/6 I .. " . RESOLUTION 2000- \.r- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRlV ATE CLUB CONDITIONAL USE "S" IN THE "RT" ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use "5" of Section 2.2.8.3 in an "RT" Zone for a private club on the property hereinafter described, and has found as a matter of fact (Exhibit" A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulalions and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Richard C. Grant of Grant, Fridkin, Pearson, Athan & Crown, PA, representing Signature Communities, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "5" of Section 2.2.8.3 of the "RT" Zoning District for a private club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to -, the following conditions: Exh1bit "0" which is attached hereto and incorporated by reference herein. -1- AGENI:)A IT'EM No. / JAIl) ,. SEP 1 2 2000 Pa;. /i'" e BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. " This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK. Clerk BY: ........ TIMOTHY J. CONSTANTINE, CHAIRMAN:::::::::::: :~:i:i:i >>>:-::::::: . . . .'O'O . . . . .. . . . . ................ e Approved as to Form and Legal Sufficiency: -mn~"l.fn.~ Marjo M. Student, Assistant County Attoney -.-/ gladminICU.2000.101 RESOLUTlONISMlim -- AGEN>A ITEM . No. /~ qJ);" SEP 1 2 2000 . { Pi. )3 J -2 - / (' ~ -- " .. . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-10 The following facts are found: 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN : EXHIBIT "An "adminICU-2000-IOIFindingslChairmanlSMlim AGENOA ITEM Mo. /.;L ~ J J, T fEP 1 2 2000 'Pi.-Lk- - e - . Exhibit B CU-2000-10 J LEGAL DESCRIPTION A parcel of land located on the Gulf of Mexico and on Vanderbilt Lagoon containing approximately 1.1 acres of land consisting of all that real property that comprised the . former V ANDERBIL T V ACA TION VILLAS, a condominium, according to the Declaration of Condominium recorded in Official Records Book 985, at Page 794, of the public records of Collier COmIty, Florida, as amended. f:'40..I...._raI\oi....twIrwi_..._ilionaluM.....'.... / AGENOAITDt No. /,t ~)~ . SEP 1 2 2000 Pi. / J' . .. .. . ( . .. .. .. .. . .. . .. " .. .. .. : ==- '- "-. \ -.,' EXHIBIT "e" SUNSl'1 ..., _ -:., =--" =" l".-"llP_ CULf POINT( C~.. Z 1;lNtC: .1 t....::..:Ll>;.... t ',1,.11;, L.. "\..i~ ~ ~.!. '1' '- SUNSl:1 ... t-.... 2_," ---+J1===----,; I: ' : I a:: -~ I=A~ - I, 1_ r ,----~'---- -----------~ I ~ 'I ! I~ I": t:~---n-----1 : 5 ; _ ! I J I ..:n. ~..,.~...: i W,: '--T,: -: : I J, I : I --- -----t:-_-_:__________: i" : i == ~ 'I ! f'--'-- --i ,. . I : 1 L ---~- -.i--~:---- ill ! I 1 : I I i I I I 1 ~ i ; ii, : ; I !~-=L:L.,..bI-; :b -.1't0 Of _n c__ l~: RT AGEN>A ITEM No. /;t. (1lJ,j.. .~ '~ SEPt 1 2 2000 Pg. t/R / ~r::l "'," --', , -', "I-::J Lfllr(n'lf- ; '!ll j1 APPLICATION FOR PUBLIC HEARING FOR: C VITIONAL USE:! .., 1ft. r' - I -~" - , I - ~' '1.-,',' \., ,~;,;.; ,\ ; q C U 0 0 - 1 0 ..~-T.;'1 -'-cr~U Petition No.: Date Petition Received; ,-7L.:J~ J LJ L-J' __________~_.._____._._4 Commission District: Planner Assigned: 'S <.15,,,, N ..'11 <J. ~ ItA V / ABOVE TO BE COMPLETED BY STAFF 1 . General Info'rmation Name of Applicant(s) Siqnature communities, Inc. .j' Applicani'sMailingAddress 5551 Ridgewood Drive, Suite 203 City Nap 1 e s State F 1 0 rid a Zip 34108 Applicant's Telephone # 566-2800 Fax # 566-3840 NamcofAgent ~; rhMrn C Grant Grant, Fridkin, Pearson Firm Athan & Crown. P.A. Agent's Mailing Address 5551 Ridgewood Drive, Suite 501 City Naples State Florida Zip 34108 Fax # 514-0377 Agent's Telephone # 514-1000 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 APPUCA nON FOR PtJBI.IC HEARING FOR CONnmONAL I1SE. 6/91 , r" ,", AGENDA - No. /,?- ~)).. SEP II 2 2000 ! PA El~.15:~ 79 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) ,- Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City -' State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: N/A Mailing Address City State _ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address N/A Percentage of Ownership -- /ltGfKJAI'TEM No. /;2....'/1) J, I SEP 1 2 2000 t ~ l' PAGE ~ OF ~i. :;0 APPLlC~TIQN' F9R PUB~IC HE~BING FQR, (;QNDI'fIONAL lJSE. 6/911 . -' . . "'.... ' ':, '. -, . * . .' ~ . b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage 0 f stock owned by each. " ) Name, Address and Office v.v.v Holding Com?any. Inc, c/o Steve Berman, Esq. Morse, Berman & Gomez 400 North Tampa, SU1te llbU Tampa, Florida 336tr2 Percentage of Stock See attached coroorate j nforrnati on c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address N/A Percentage of Interest d. If the property is in the name 0 faG ENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. ~/ Name and Address N 111. Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation, Trustee. or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. PercentageofOwnenmp/Control Richard F. Corace_ 50% Gerald F. Griffin II - 50% Name and Address Si~nature Communites. Inc. Spp ~rtachpn ~n~rn~~re information -- I. .. AGENDA r' No. /JL- ~~ SEP , 2 2000 PAGE :3 ~ F t Spa. ,;2.1 .\ I Date of Contract: 2/25/2000 APPLICATION FOR PI/Rue HEARING FOR eONDmONAL IISE - 6/98 : i f. If any contingency clauSe or coniract terms involve additional panies, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired ( ) leased ( ): Term oflease yr.lmos. "" If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fonn. 3. Detailed leeal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: the applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey maybe required. Please see attached legal description. Section: 32 Township: 48 Range: 25 Lot: Block: Subdivision: Plat Book Page #: Property 1.0.#: Metes & Bounds Description: 4. Size of property: ft. X ft. = Total Sq. Ft. Acres 1 5. Address/eenerallocation ofsubjeetproperty: 9467 Gulf Shore Drive North N...ple!':r Florida ,-. ~A.n"EN No. / ,t(lJ):J.. SEP 1 2 2000 , 'J, APPI.ICAT<lON, Rll'lR-It1J'J-1c; }I~NGmRQlNDl7'ONAL USE - 6/911 PAGE.4 . F 191/;. ..2..)..., '.~/.. ) 6. Adjacent zoning and land use: Please see previously submitted and approved Petition No. CU-98-7 and suppor \ Land use documents submitted therewith. Zoning N s E w Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N / A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: I Metes & Bounds Description: 7. TfPe of Conditional Use: This application is requesting conditional use # 5 the RT district for (TYPE OF USE) operation of a Private Club Present Use of the Property: 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest ana that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made conc':'1'lling the following matters, where applicable. Please provide detailed response to em criterion listed below. Specify how and why the request is consistent th (Attach additional pages as may be necessary). APPLICATION FoR PUBUC H~ARING F'~R CONDmONAI. USE - 6198 \CI .:; (i: " of ittM "/;... vn..t SEP 1 2 2000 ~ a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Pl ease see previous sllbmi tted and apprnvpd ppf-; t:i nn Nn CU-98-7 and supporting documents submitted therewith. This Petition does nothing more than change the intended users of the same facility development plan approved under Petition CU-98-7 which was deemed to be : consistent with the GMP as a function of its adoption by Resolution 98-234 dated June 23, 1998, b. Describe the existing or planned means of ingress and egress to the property and proposed stmcture thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Please see previous submitted and approved Petition No. CU-98-7 and supporting documents submitted therewith, There is no change from that approved as part of CU-98-7, c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Please see previous submitted and approved Petition No, CU-98-7 and supporting documents submitted there- with. There is no change from that approved as part of CU-98-7, d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Please see previous submitted and approved Petition No. CU-9B-7 and supporting documents submitted therewith. There is no change from that approved as part of CU-9B-7. e. Please provide any additional infonnation which you may feel is relevant to this request. P1PBse see attached narrative statement and proposed resolution. .- ItEM No. /~_I~1~ SEP 1 2 2000 APPLIf".A',- iriN'Pftti"'ntlICIi~A..iNGIO'OR erntbl'nON.u. liS!: _ 6/98 PAGE OF IS. .:;;..&/ 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions. however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in aider for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8 W' x 11" copy of site plan), drawn to a maximwn scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environm,ental Advisory Board (EAB), or CCPe]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian i~gress and egress to the site and the structure(s) on site), . ail existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled), . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). AGaOA ITf No. /;L (60 - SEP 1 2 2000 PAGE 7 F l~i. X' APPI .ICA~IO~ FOR PUBUC: HURlNG FOR CONDplONAL USE - 6J98 ,+ . 4. - d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (rIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal pennits. AGEfC)A I No. / ,#(/)J- SEP 1 2 2000 APPUCA. TION FOR PtlRUC HRliRING.IlGR €ONDrnONA.L lJSR _ 6198 ( I ~ .:! PA .~. OF 15 . Pi. ~, (i) CONDITIONAL USE APPLICATION THIS COMPLETED CHECKLIST. IS TO BE SUBMITIED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 11 V- 2. Copy of Deed(s) and list identifying Owner(s) and all 1 ~ Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 V-- 4. Pre-application notes/minutes 11 ~ 5. Conceptual Site Plans 11 --- 6. Environmental Impact Statement - (EIS) 4 -- 7. Aerial Photo~raph - (with habitat areas identified) 4 ~ 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) - 9. Traffic Impact Statement - (TIS) 4 -- 10. Historical & Archaeological Surve~.. or Waiver 4 --- Application 11. Copies of State and/or Federal Permits 4 ...-- 12. Architectural Rendering of Proposed Structure(s) 4 ---- 13. Application Fee, Check shall be made payable to - ~ Collier County Board of Commissionen 14. Other Requirements- As the authorized agent/applicant for this petition. I attest that all of the infonnation indicated on this cbecklist is included in this submittal package. I understaDd that failure to include all necessary submittal infonnation may result in the delay of process this petition. ~ ~~li~ AGEN>AIl'l No. /;z... (lI ).2- SEP 1 2 2000 s-! I ~ i J.OCX:> Dat APPUCATlON FOR PUBLIC HEARING FOR CONDmONAL USE - 6191 PAGE 4 Olpi~ ~ 7 AFFIDAVIT I, G-E~L.T) F. c,.t:n=F'uJ~:rr; , as Vice-President of Signature Communities, Inc., a Florida corporation, being first duly sworn, depose and say that Signature Communities, Inc. is the purchaser under an agreement to purchase the real property described herein and which is the subject matter of the proposed hearing from V.V.V. Holding, Inc., the current owner who has consented to Signature Communities submission of this petition, that all the answers to the questions in this application, including the disclosure of interest infonnation, all sketches, data and other supplementary matter attached to and made a part of this application are honest and true to the best of my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. The law firm of Grant, Fridkin, Pearson, Athan & Crown, P.A. is authorized to act as Signature Communities, Inc. representative in any matters regarding this Petition. ~~~:'~~~;;~~IUNJTlES. INC., By: /.-/~ " , Printed Name: / G.-~.lALl'::> F. ~PFtU ,"II:: ItS: V\C.'i.. P~'>l/')~"'" STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this Jk day of May, 2000, by G-€#.J>ol.l'.:l F. G..lIFF'11J , 1r as Vice-President of Signature Communities, Inc., a Florida corporation, who is personally known to me. C:OOC: '6~ I!JdV SilJ!c1x3 ~""""\ Ol6H:l::lO UO!SS!WWOO '(~"J~. I!OU&g ill!JilnllJerl illlil4:llrl ",.Z;;:;",.t J~ 1/) //Z~ otary Public, State of Florida ") Name: ~.: c~~l\~ k. ~.)e"\o ' t (Print Name) My Commission Expires: r:'4a..lwd_'..IIs;.......lIwin...I..lapplication-aIl'idavi..cIoc ..'6..... Mic/leUe Marguerite Benoit ~~ *My Commission CC7341170 ."..""l ExpcresApril19, 2002 AGENDA'ttM No. /~~)~ SEP 1 2 2000 I . Pit. .:L? , ,.,.~..'''M._ ~......-" AFFIDAVIT I, G-E.t.,\l,..\) F. C:,l.I Ff'IJJ ,:u::. , as Vice-President of Signature Communities, Inc., a Florida corporation, being first duly sworn, depose and say that Signature Communities, Inc. is the purchaser under an agreement to purchase the real property described herein and which is the subject matter ofthe proposed hearing from V.V.V. Holding, Inc., the current owner who has consented to Signature Communities submission of this petition, 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 ~pplication are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. The law firm of Grant, Fridkin, Pearson, Athan & Crown, P.A. is authorized to act as Signature Communities, Inc. representative in any matters regarding this Petition. MUNITIES, INC., By: Printed Name: e,..~Alb F. 6I:x.PAU \ ":IJ: ItS: VLC:'t.. P~'l.(M......-; STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this l..k- day of May, 2000, by (,.e~"I..f) r. <:>L eJ:F-'11V , n:- as Vice-President of Signature Communities, Inc., a Florida corporation, who is personally known to me. ~AAvvt TYJ ;/V otary Pubhc, State of Flonda ~ 'llll!JdVsaJ!<lx31"......,.. ~ OI.6H:L:>:> UOJn!wwo:> 4'4"'J~. N . \'A" c'""- l\ l J \ 0".L l/OU89l1lIJInIlJew lIfletP!~ .....~/ arne. . ~ -e 1,\. . '\ (Print Name) My Commission Expires: fldauolwd_nal\sipmIr\Iwi.......lappliClllian-aIl"NIa.it.doc "''6' Michelle Marguerite BenoIi *. *Mv Commission CC734Q70 'Jo....:.Y Expires April1Q, 200~ AGENDA m.. No. ;{;L (1)'> ;.. SEP 1 2 2000 . I . P". "j.9 LEGAL DESCRIPTION A parcel of land located on the Gulf of Mexico and on Vanderbilt Lagoon containing approximately 1.1 acres of land consisting of all that real property that comprised the former V ANDERBIL T V ACA nON VILLAS, a condominium, according to the Declaration of Condominium recorded in Official Records Book 985, at Page 794, of the public records of Collier County, Florida, as amended. r:Ida'.lwd_...1IIi....1WIlwi.....'.lcondition.lus...1cp1 doc AGEM)A No. /~~)~ SElP 1 2 2000 pJ. ('10 NARRATIVE STATEMENT ACCOMPANYING APPLICATION FOR CONDITIONAL USE On February 25, 2000, Petitioner, Signature Communities, Inc. entered into an agreement to purchase the subject property from V.V.V. Holding, Inc., the current owner. V.V.V. Holding consents to Signature Communities submission ofthis petition. Signature Communities, Inc. is requesting a new conditional use of the subject property. The new conditional use is based on the existing conditional use adopted by Resolution 98-234 dated June 23, 1998. The proposed conditional use would only change the intended users of the same facility development plan approved in Resolution 98-234 by removing the conditions that limit operation of the facilities only for the use of the Twin Eagles Golf and Country Club Development's members and guests. A proposed amended and restated Resolution is attached to this narrative. Because the proposed conditional use does not otherwise alter or change the detailed information previously submitted in support of Resolution 98-234 (Petition CU- 98-7) Signature Communities requests that the detailed submittal requirements for a petition for conditional use be waived. f\dal.l\wd _ real\sisnatur\twiMaQles\narrali\'e.cIoc AGENDA ITEM No. I~ (,dJJ.- SEP 1 2 2000 Pc. c5 / PRE-APPLICATION MEETING NOTES , - _.~, .:.. . . AGENDA'TEM No. / .2..{/1);- SEP1 2 2000 i Pi- ;('?~ To: Richard Grant From: Ron Nino Re: SignaturelTwin Eagles Beach Club Conditional Use Application Date: 05/12/00 May I suggest you answer Findings as follows: (a) This petition doe.' nothing more than change the intended users of the same facility devel\)pment plan approved under petition CU-98-7,Resolution 98-234. Said CU.98-7 was deemed to be consistent with the GMP as a function of its adoption. (b) These re-lationships will not change from tbat approved as part ofCU-98-7. (c) These relationships will not change from that approved as part of CU-98- 7. (d) These relo.tionships will Dot change from that approved as part of CV-98-7. - AGEN)A ITEM ! No. /e/l. (8)).- "SEP 1 2 2000 j Pi. in 'l'" ,,-. RESOLUTION 98-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF PRIVATE: CLUB CONDITIONAL USE "S" IN THE \ "RT.!' ZONING D~STRICT PtJRSW\.NT ':'0 SECTION 2.2.8.3 Of THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN S~CTION 32, TOWNSRIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNT~, fLORIDA. WHEREAS, ~he Legislature of the State of Florida in Chapter 61-1246, 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 publiCI and WHEREAS, the County pursuant thereto has adopted a Land Development Code [Ordinance No. 91-1021 which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particu~ar geographic divisions of the coun~y, among which is the gran~ing of Condit~onal Uses~ and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected. has held a pubtic hearing afte: no~ice as in said regula~ions made and provided. and has considered the advisability of Conditional Use "5" of Section 2.2.8.3 in an "RT" zone for a p::-ivate club on the property hereinafter described, and has found as a matter 0= fact IExhibi':. "A"I that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission: and WHEREAS. all interested parties have been given opportunity to be heard by this Soard in a public meeting assembled and the Soard having considered all matters presented. NOW, THEREFORE BE !T RESOLVED. BY THE BOARD OF ZONING APPEALS of ~cllier County, Florida that: -1- Pi.- , 2 2000 ( -:?'i The petition filed by Christopher O. Wright. F.E. of RWA. Inc., representing Twin Eaql~s Development Company, LTD with respect to the property hereinafter described as: Exhibit "3" ~nich is attached hereto and incorporated by reference hereln be and the "same is hereby approved for Conditional"Use "SH" of Section 2.2.8.3 of the "RT" zoning district for a private club in accordance with the Conceptual Haster Plan (Exhibit "C") and subject to the following conditions: 1. The Planning' Technical Services Manage= may approve minor changes in the location, s1t1n9, or height of buildings, structures, and improvements authorized by the conditional use. ~xpans1on of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all appllcable County ordinances in effect at toe time of 5ubmlttal. lncluding Division ~.~, Site Development Plan Review and Approval. of the Collier County Land Development Code (Ordinance No. 91-102). 2. This approval authorizes only construc~ion of the facilities snown on the Master Plan. The facilities shall be constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the construction process. 3. The facilities shall operate only as an amenity to the Twin ~aqles Golf and Country Club Development, for use only by members and guests of the development/country club. 4. Petitioner intends. an~ will, operate this fa~~lity in a reasonable manner sa that it will not have an unreasonable adverse lmpact on adjacent residential properti'!s. 5. The facilities shall be open only between 8:00 AM and sunset. The snack bar must close at that time and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. Petitioner shall be responsible for strictly enforcing these hours. The only exceptions authorized are as follows: (a) Overnight guests and/or resiaent manager in the living units may use those units. lb) There can be as many as six events each year in which the facility may be open until lO:OO~M. The maximum number of people which may be on the premises at any ~ne elme shall pe limited to 112 persons. Two (2) weeks prior to each event notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each event. \ , ~. -2 - iii I -- ~m. No.J~),t. S!:1P 1 2 2000 i ,/ Pi. ,?6 - , 6. The facility will have on-site management during all hours that it ~s open and such management will also remain on-site after closing to ensure =ha~ those ac~ions that ~eed to be taken at the end of each operating day :~ ce in conformance with these stipulations- &.re, in factr .dORe.-- In addition, the Petitioner wil: provide to the condominium manager of the adjoining condominiums the name and phone number of a responsible person within Petitioner's organization who can respond to problems or emerqenc~es at the site during non-operating hours. 7. Food service will be limited to & sandwich/grill type operacion. Coor-ing facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may be used at the special events described above. B. Trash and garbage receptacles will b. eneloeed and will be removed from the beach-side facilities at the cloBe of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. , 10. Liqhtihg shall be designed so as to ~liminate spill over on to adjacent properties. Light poles snail be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 11. Parkinq areas will be utilized only by authorized users of the facility, and (on the beach-side) will have devices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs. umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club. defined as the beach area within the area enclosed by the property ~ines of the club, extended to the edge of the water. 13. There shall be no personal water:raft or ?ersonal sailboats (Hobie Cats and the like) allowed on the beach side. 14. Docks in connection with access via the VanderDilt lagoon may not be used for the berthing or mooring of boats in excess of forty-eight (4B) hours. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -3- AGENDA , No.../ ~ p~ SEP 1 2 2000 I PaL .a to .--------- . JUI 2 3 1998 This Resolution adopted after motion, second and majority vote. Done this :/.3~ day of ~ , 199B. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~ Attest IS to ChllnllA'S slgna~~r.e:cili',,: ;.,.,; . -I,. AtTEST: I';~':"v . ..... ~~IGHT E. BROCK~Clerk - . ~- A'~,! -c.L/I~~ ';tlC'" 7 ,(P.L ." , .... Approved ai!" t(:l', Form and Legal Sufficiency: I?t~'f"'; /11 Ikl~h.~ Harj;rie M. Student Assistant County Attorney By:~_~~l\\. BARBARA B. BERRY, Chairman ~/CD-".' ~SOLQTIOM AGaf>>.ITEM No. //1. (JD~ SEP 1 2 2000 pa.' 37 -4 - FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ~ FOR CU-98-7 The following facts are found: - 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. I 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other pro~ or uses in the same district or neighborhood because of: A. Consist.ency with the Land Development. Code and Growth Management Plan: / Yes No B. Ingress and egress to property and proposed struct~ thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ " egress Yes "'" No C. Affects neighboring properties in relation to noise, glare, ecopomic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use withi~district Yes ...,;'" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (s_~a.j ._at) be recommaended for approval DATE:-#t.fj'lf CHAlruo.H~OkL't ~ ~'CU-9I-'7 J'nlDnG 01' hCT ev.%"" Exhibit ~'A" ItIJEJ<<)A I No. /~ ~"{)j, I )::i~r:r h 2 2000 ,:)L.. l t Pi. :3K" . 'Yo., - .~ FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following faces are found: 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. . I 2. Granting the conditional use will not adversely affect thE public interese and will not adversely affect other propel or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management ~ 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 f~re catastrophe: Adequate ingress & fl9;JMIs Yes ~ No C. Affects neighboring properties in relation to noise, glare, eCQROmic or odor effects: '" No affect or Affect mitigated by Affect cannot be mitigaeed D. Compatibility with adjacent properties and other property in the district: Compatible US{~hin district Yes No flc:tr-U-7 PDlDIm ~ PAt:r ......, Based on the above findings, this conditional stipulations~~copy/attached) (should not) b approval ~u I ~ . DATE: (, - 4/ - qr Exhibit "1\- AGEK)A 11'EJ No.' /tfL ~)...... SEP 1 2 2000 ?t. c3 r FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR .. CU-98-7 The following facts are found: ... 1. Section 2.2.8.3.5 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 propex or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P}-an: 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 catastrophe: Adequate ingress & eafess Yes 7-' No C. Affects neighboring properties in relation to noise, glare, eCClt10mic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use~hin district Yes ..L- No Based on the above findings, this stipulations, (copy attached) ~ i approval DATE: ,,)~ ~/ 1/ /- - ./ conditional .. .. ) be with for MEMBER: - t./c:u-tl.'1 PDID~ 01' rAC't ~I AGEN>A \T'EN No. /t!Jf/J);' ~ l SEA 1 2 2000 PI. # Exhibit "A- ; :.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR \ CU-98-7 The following fac~s are found: - 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. I 2. Granting the conditional use will not adversely affect the public interesc and will not adversely affect other proper or uses in the same district or neighborhood because of: A. ConsJ.scency with the Land Development Code and Growth Management Plan: Yes X 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 catastrophe: Adequate ingress ~ egress Yes )(. No C. Affects neighboring properties_in relation to noise, glare, econ~~i~f~~C~~~ effect~ffect mitigated by J7,~'N~ Affect cannot be mitigated ,~ K~7~1 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) commended approval DATE: C: -- J - ;:c:! MEMBER: , / AGEK)A IlL No.L...2.. (11);" S~p 1 2 2000 I PI. /// t!/CfI-tl-7 PDDPG OP PACT .-...at Exhibit itA" FINDING OF FAC'l' BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~ CU-98-7 The following facts are found: 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. . I 2. Granting the conditional use will not adverse1y affect the public interest and will not adversely affect other proper or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire catastrophe: Adequate ingress & egress Yes I.-/" No c. Affects neighboring properties in relation to noise. glare, economic or odor effects: ../ No a.ffect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should. with stipulations, (copy attached) (should not) be recommended for approval DATE: "-'-I - 'i ~ MEMBER f!/c:o-tl-"I rmDz.I. or rN:t ""'1 AGENDA ITEM No. ' I:J- ($J:J.- SEP ~1 2 2000 I pt. 1-9';' Exhibit "Po- '. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: - . 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. , 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propeJ or uses in che same district or neighborhood because of: .. A. Consistency with the Land Development Code and Growth Management Plan: Yes ./ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience traffic flow and control, and access in case of t1re catastrophe: Adequate ingress & egress Yes 1:>-'''/ No C. Affects neighboring properties in relation to noise, glare, economic-or odor effects: ~. No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes ./' No - Based on the above findings, this conditional use should, with stipulations, (copy attached)~ou~not) be recommended for approval . ~ DATE: ?(/jrq MEMBER: ~' /1;:4 ,t AGEN)A I No. /;1. (~ ~ SEP 1 2 2000 f/CU-U-7 rDlDIi'a or PAC'l' ......./ Exhibit "A" pt. 4<:? ,....~ ..."-..--..-.-......- .--.---..--- . __.____u,__.~...~__"_,... ~.~_._~__. . A m~T OR P_~Of' LAND ~O IN THE. SUa.. ":oR~/ ~ "t~.., .:" co~l?: LYING IN SECOON 32, TOWNSHI8'~4I SOUTH, RANG[: .. BEING 'Wl: ,.' BLOCK A.. " THE.NORTH ONE HALf,OF LOT 1I~'BlOaC'8 AND M-. ' HAll OF'U)T,:!ft2;81OCK 8. COtmER'S VANOEReIlT BEACH. '5\J8OMSION, PlA~' \3. PAGES IS .ANd'; 9, 'COu.:o..~ COUNT"\' PU8L1C"R~CORDS, AND, BOtC FURTHER .,AND DESCRI....AS FOLLOW$:. . '...... . ,~.. :i. .'. "~J! . ... COLCt.4EHCING AT A..'RNlROAD SPI([.ioWtKINC THE.'J . OF. M'~OOITERUNE OE' CULF SHORE ORNE '(70.00 rEa..Wl)[) ANO THE . . C6' w.Y."1.JC'OF C()UIfIY-....; ROAD NO. s-ee2.(VANO(RSIlT ~ ROAD - 100. '~' ~.sttOWM, ON ~:~. RECORD PLAT OF CONNER'S vANDERBILT BEACH . ; , . ~~~ t.~. 1'4.80'09'15'"W. AT 36.78 fEET F'ROU THE SOUTHWEST... '0f"'lOT>1, .SM)'BLOCK e.~. CuNNER'S VANOERBlt.T l<EACH SUBOMSlOHtt TttENC[.'ItIl8"03'05'W. H.ONC-.~ . CENTERl.INE Of' GULF SMORE ORIVE. FOR 0 1 5.~2 !ft;T(,lHENCE N.a1.:\~5"E., FOR . 35.00 ITEr TO TtlE POINT or 8EGlNNlNC or THE EAsr:.!,~. (SAID NORtM ;ONE HALf." Of' LOT II, BLOCK 8 AND THE SOUTH ONE HALF' OF' LO!' '2. "SlOCK B); tHtNCE CONTINUE N.81'~6'5~"E.. FOR 200,00 fEET; THENCE N.08'03'05 ;HJ)NG THE ".EAST , LIE' OF.' 51olO BLOC'" e. F'OR 100.00 FEET; THENCE ~.S1.56'5~. :... FOR .200.00 n:IT: THENCE 5.0(l.'03'OS.[. ALONG THE EAST RIGHT OF' WAY LlNE".of"SN[) GULF: ~RIVE. FOR ' 100.00 rEET TO THE POINT OF' SEGlNNtNG OF' SAlD ;' :;.PAACEl.:..,.. .'. ~;~,..~ " " \ . .. "'~.""" , f'.:'! ,......~.-: . '. .A.L. c:;.f\ . . , ~~,:.' ';; ,;..~.:~ ~~: .'. -: . . -.. ~...~~':.'. ... -:,,;," .;: .;~.~~; ~. : .~~,- COMMENCING A.T SAlO POINT OF' BEGINNING or THE ' -.-' .,. . .tt<<.HCE~61~S'~5", I, ACROSS SAID CUlF' SHORE DRIVE," f'OR' 70.00 fEET TH€ 'or SEClNMMC)"or:'l'HE WEsr~':: PARCEL (SAID LOl lJ, BLOCK Ah !HENCE R08"OJ'Q5 , THE'.~ RDf( 'Of WA.Y',':,' LINE OF' SA.ID CULf SHORE DRIVE, "FOR 100.00 rEEl;:.. S,a1.&6'$5":W.~ TltE3:' NORTH 'UNf: OF SAID LOT 1.:5. BlOCK A. FOR 3.34.7. . THE. MEAHaHIGItl_m LM~', . or THE GULF (IF MEXICO: THENCE' .SOLJTHERlY AL . )IEAN"HICH~WAY!R UNE F'OR ~',; 100.2 FEET. MORE OR LESS TO AN' INTERSECTION WIT . " K UME~~~SAIO: lOT 1~' ~'; 8EARING S.B l'S6'S5"W. fROM THE POINt or BEOINN "lHENCE N.at"5IS:ss"E.' .AlOtK; '., SAID C;OUTH UNE, F'OR 329.2 tEET. LtORE OR tESS. T ' Of'dS~II"~IG.'or THE ..... - WEST PARCEL. . \.~........'1 '::. .~ ~ . .. .' ~":'" . .... '~...~~." . ~~;'~ES. .,~~~~SS. ;. ' ....... .. '. . . .4~ '~'E" 'Off LESS..~ . ,;~'t; '. '..:.' . .. . 0.'" 'ACftt! OR . LESS. 'r , . . >,l'tI' " '. '. "ORE" .OR',LE5$., , ' . . .' . EAST PARCEl (~) CONTAINS 20000 SoUARE:. EAST PARCEL (LESS:'~YOU) CONTAINS '.937 SQ WEST PARCEL CONTAlHS .33196 SauARE FEET OR oj:' PARCELS COloASINED. CONTAIN ~31.5 . SQUARE FEET , . ....; ~ '" AGENDA ItEM ; No. /~I1))' ~SEP 1 2 2000 . j,p #~ :~ :f, I, Exhibit ~B" /-.,' , - w : I- eD ---.-.;~ .J.... X W ....- I. il i ;\: - . '. r' I' :[;1 .~ -- \ - I~ . ~ 1 ,,: : f · ~: :: I: I I ~\. ': " .j.' :, :- ' ~~ ;: ,.:~... : . 113,. t i ~:..: 't;1 . '. II . . I:' . " . I .a_...~ : . : tf . : ,...---., ~ t1 II .. '. .~..".l_; "'':''~ ---{ I .... !) !~.':l \ .. . ,- .:.._... I ! 1 "'. 1 II i ;.. I I . '--,. _........._.....!l...._.........._.... .... ........ -..-. ---__.'V'Cl --;;-- '''- '10~"'"'' f ii l~ il i -~ : -.~ ~ ." .,. ~ oJ \i i n ~ _ 110 ,.,. .'1. , .' 14.' II I" EXH/IS rT __ C ~ i l ~ 11 I I ~ ~ s: ~ i ~ ... J. ~ :r I ~I \ I. .~. I ,'0,',1" .,t, . I · ',lil' 1.lnl 'i!a: ~I till. It It dl t. ~ll!lil lS".GIi ~i~lg~ C:sluu Division of Corporations -Fl oiidii-Prolir-------- ____u_ ---~---- ------ v.v.v. HOLDING COMPANY, INC. -------------- - - - ~--PRINCIPACADDRESS--------- --------- -- -- 4099 TAMIAMI TRAIL NORTH SUITE 305 NAPLES FL 33963 US Changed 05/01/1995 -MAILING -ADDRES-S- 4099 TAMIAMI TRAIL NORTH SUITE 305 NAPLES FL 33963 US Changed 05/01/1995 Document Number P940000465 I 8 FEI Number 650777662 Date Filed 06/21/1994 State FL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 09/15/1997 Event Effective Date NONE -- RegisterecfAgent [ Name & Address I Ll.A:.1' INl; I 3001 TAMIAMI TRAIL N 4TH FL ! NAPLES FL34103 I I Name Changed: 04/29/1999 ; I Address Changed: 04/29/1999 , --Officer7DTrector--Detciir I Name & Address II Title I I COLOSIMO, JAMES R 18 4099 TAMIAMI TRAIL N. NJOS NAPLES FL SlUR Y. JUHN D 4099 TAMIAMI TRL N, SUITE 30S NAPLES FL 34103 , . JUHN D 4099 TAMIAMI TRL N. SUITE 30S NAPLES FL 34103 Page 1 of2 AGENDA n'EM No. /,LrsJ;' SEP 1 2 20ll \ "-'...h ...~..,,' ".."... ,.. .~- ."..."........,...".- PI.: #,f; . ..lcordet.exe?al =DETFlL&n 1 =P94000046518&n2:;=NAMFWD&n3;:::()00 l&.n4=llN&rl *=&r2=&r3 5/8/00 Division of Corporations Page 2 of2 NAPLES FL 34103 US D I Report Year II Filed Date II Intangible Tax I I 1997 II 091191 1997 II N I I 1998 II 0510711998 II N I I 1999 II 04/2911999 II I .. -- - ---- --ArinuaIReports---- ~l,:\Y-Pte:;,r~:;;~~ 'Fii~n~;~~r 1'%!~-""~'--"~f'F~". I',"j ~"If'l.~'"-' ,n,,'t;':'''i'l1''i.'st:''.:''::t:' ;;k~\~\,e.,t.1r~,'r"o-."", " .-: ',;,; p:'~J;';.'lfi'~'~::~;;':""~::"'~?~)P1~>i'~rfr1!BI~r ,,",!i'NextrFilinqjlt, View Events Yi~~_N~_me_,tH~!Qn~ - - --- ---------- --'--- View p6~i.1inentIlTIag~Jsr--- - THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT _ n'_ __. __ _ ____ n_.____._ _._ .___....._ - - -----~----- ---. --..- ~------ ---- -- .-.----~_...------- -~----------_._------ -- --...'-----.-- ( oj ().-i: i'''_~;-' '~(I~.~~'.~~~ '\' t'" ( "'''~ ".,~. "., ftl:"':t"'-'t" " 1 ''''1' ' '''';~.(~~,;llot _,Ol_!l,',,: 11~,~.~1,~. '>i,'"_ "~",''''.!'::'. 1,.,_, ....~ ~~ 5-..... 1l4:~\.;1 ~~: ,/r '~!.~"'I"'1 1 ;:';"\j,{~!". : ~. : J'''' ,. -~. -'r:'i Lt --r ". t~l t- . """"':'1"")~' 1)1 "~,,, .-" ". ~~ ~~ ~~:'"::;',,~';':."~.l~':::~~~~~~. I':<.~~ AGENDA ItEM No./r.:1(i.. SEP 1 2 2000 ~ ""- ... -.# ~ ;.... ---.. - - . PI. ~7 .. ./cordet.exe?a I =DETF~~~n I =P94~00046518~,'7N'f\MF;WD&n3::;:OOQ 1&n4=N&r 1~~2- r Division of Corporations Page 1 of2 -rlonoaFrofir-------------- SIGNATURE COMMUNITIES, INC. -------- ---------P-RlNtIllAL ADDRES-S------~---------.- 5551 RIDGEWOOD DR #203 NAPLES FL 34108 US Changed 02/21/1999 ---&1AIl1NGADDRESS----- . 5551 RIDGEWOOD DR #203 NAPLES FL 34108 US Changed 02121/1999 Document Number J61943 FEI Number 592844935 Date Filed 03/0911987 State FL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 08/3111987 Event Effective Date NONE --- ,~-----_.- "_.. -.-... -- ".-. -. ---,. . ----' --- -~ --- - --.....-- .~_...- --_.. ... - Regfstered-Agerif- ---- ---- I Name & Address I ATHAN. G H I SSSI RlDGEWOOD DRIVE STE IISOI NAPLES FL 34108 I Name Changed: OS115/1997 I I Address Changed: 05/1 S/I997 I -OfficerIDirector--Detair AQDI)I. rra.t *'.L.;j.(4);J.. SEP 1 2 2000 PI..~ .. .Icordet.exe?; II =DETFIL&n 1 =J 61943 &n2=N AMFWr>&n3=:=OOO 1 &n4=N {kr ~"f~r2:=&r3"j9&r4=S 5/8/00 I Name & Address II Title I I CORACE. RICHARD. F 16 5SS 1 RIDGEWOOD DR 11203 NAPLES FL I GRIFFIN. GERALD F., II IG SS5 I RlDGEWOOD DR 11203 NAPLES FL 34108 SSS I RI~E'~6'rf.ij'Jr ~ITE 203 c:J NAPLES FL 34108 - Division of Corporations -.. "Annual Reports I Report Year II Filed Date II Intangible Tiil I 1998 II 04/21/1998 II y I I 1999 II 02121/1999 II y I I 2000 II 01/22/2000 II 1 ~T~~~:::~f;~l~ti;s:Fl1'Iti~t ~r~~~~,k~'"", ",;{-^,',--(, ,,",,:.>, ,...,,,>g:~r m."'~~g"ei:$1Jf~;f Will',iii'~}t,,, ,.";",,,,;,~lh'!t~, ....,~lTifl!l:~'f~:~l~':"il!1~'.....:rJ,;.711~';m; ,I::: ~e~~ :;:)":i::l1~qJ}: ;' VieY{ Eve.m~ Yiew Name H.isto.JY . -, -.-..---------- --,- - --.- -.------------ --~ --- - --yi~.WP"Qc.iiin~m Image{ST.--------.H ~_._.- Page 2 of2 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT 1!-I.jJt~'--." .....;.:~,./r~~ t....;~~ '. ~~:..I ..... A. . " :} ~.: !~.~ ~i I}.i: 1 ~.( !.I.' T: ! ~.~.! I, ~ r ~..~' , "1.~ 1..\, ".... "".....' ,~~ l ,~ . ~~~ ~.~:..;, / }:.../t, . I~';"~.! ~:...',' ,. ',' '. ~~,. ~- ~.~ -":r.:1 t i' -'"r ,'" f ~I ,. '. ", -\~'l:.~,'~;.!,~".~)~-..,~':~ ,....'t~ ..' : ::~ .~... I .", n H~~_F: ...::.. ~ ....'.. .../cordet.exe?al =DETFIL&n I =J6 I 943&n2=NAMFWD&n3=OOO 1 &n4=N&rl =&I;2=&r - -.' AGENDA ITEM No. /t1t ~) SEP 1 2 2000 .Pl. RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE CLUB CONDITIONAL USE "5" IN THE "RT" ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FWRIDA. 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use "5" of Section 2.2.8.3 in an "RT" Zone for a private club on the property hereinafter described, and 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 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Richard C. Grant of Grant, Fridkin, Pearson, Athan & Crown, P.^-. representing Signature Communities, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "5" of Section 2.2.8.3 of the "RT" Zoning District for a private club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- :~~ ' I. AGENDA ITEM No. / ;L(jj)~ SEP 1 ~ 2000 i' . PI. ,.,eJ BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J . CONSTANTINE, CHAIRMAN:::::::::::: ~ :~ :::::::::::::: : . . . .. . . . . . ~ . . . . . . .. . . . . Approved as to Fonn and Legal Sufficiency: ~.~_l'h.~ MalJo M. Student, Assistant County Attoney .1.dminICU.2000.\ 01 RESOLUTION/SM!.m AGEN>" ITEM NO. !/~(f;Jj, SE~ 1 2 2000 Pi. ;..,1 -2- .;.~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-10 The following facts are found: 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plaa: 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 & egKess Yes vi" No C. Affects neighboring properties in relation to noise, glarey/economic or odor effects: v/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~n district Yes 7 -No- Based on the above findings, this conditional stipulations, (copy attached) (~ .1Q~) be approval CJ f( . . CHA/~~ DATE: C';?- I? VIa tJ MEM:eER / wadminICU.2000.\OIFINDlNG OF FACT MEMBER/SMlim ld, with ded for AGENDA'TEM No. /.:J- ~),1 SEP 1 2 2000 P.J (~..9- Exhibit B CU-2000-10 LEGAL DESCRIPTION A parcel of land located on the Gulf of Mexico and on Vanderbilt Lagoon containing approximately 1.1 acres of land consisting of all that real property that comprised the former V ANDERBIL T V ACA nON VILLAS, a condominium, according to the Declaration of Condominium recorded in Official Records Book 985, at Page 794, of the public records of Collier County, Florida, as amended. .. fldatalwd.'eol\oi......nrw;-aJcsl<londitional_lqal.... AGEN>A ITEM No. /tP- (JJ)~ SEP 1 2 2000 \ p,. &:7 EXHIBIT "e" SO/NK'I .... CCIIIllQoIN.jOI z_'" SUNSC1 lAY COHDOtMM.IW z~,'" 1- m+A~=_.-" I; . 'i == _--}j jlOt_Altll - ' I : I ~: GUtSf UNTS I 'I ,I- '. r r--------- -----------1 ;, I ;,' '[ " : :::-..---------1 : ! I '. ; I l ...::.n... ~_: , ~ .. I .... I I ! ! ! i ; t- '-t~_-_~__________: I I !~I' ;1"- == ! ~ ': '\ --', ,; ; i i i ~ ; ; I . :) l.-:'J:=-.;. 1:=-1-1-1= I, "'-i-~-+- -i---- i . 'i 1 I i . I I I i s ~ " ;=-=- . . . . . . : ~ :=:-' :::-./ ~ ........-.. Gul.f POINTl Cl)NDC)WIHW..N JONNe: In _"0 or -.cs _ 10NlNG: frf AGENDA ITEM No. /;1.. ~),:J- SEP : 1 2 2000 , PI. t..,...?/ Page I of 2 Exhibit D Subject to the following Conditions: 1. The Planning Services Department Director may approve minor changes in the location, sighting, or height of buildings, structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code (Ordinance No. 91-102). 2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the construction process. 3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not have an unreasonable adverse impact on adjacent residential properties. 4. The maximum number of people which may be on the premises at anyone time shall be limited to 112 persons. 5. The facilities shall be open only between the hours of 8:00 a.m. and sunset. The snack bar must close at that time and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. The petitioner shall be responsible for strictly enforcing the hours. The only exceptions authorized are as follows: (a) Overnight guests and/or resident managers in the living units may use those units. (b) There can be as many as six events each year in which the facility may be open until 10:00 p.m. The maximum number of people which may be on the premises at anyone time shall be limited to 112 persons. Two (2) weeks prior to each event, notice shall be delivered to the property managers or other owner representatives of the adjacent properties ofthe date of each event. 6. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium manager of the adjoining condominiums the name and phone number of a responsible person within the Petitioner's organization who can respond to problems or emergencies at the site during non- operating hours. AGENDA ITEM No./...2- ~ )).- SEP. 1 2 2000 PI. ~&'~ Exhibit D Page 2 of2 7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may be used at the special events described above. 8. Trash and garbage receptacles will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. 10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 11. Parking areas will be utilized only by authorized users of the facility, and (on the beach- side) will have devices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club, defined as the beach area within the area enclosed by the property lines of the club, extended to the edge of the water. 13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed on the beach side. 14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in excess of forty-eight (48) hours. 15. The site shall be developed in accordance with the Site Development Plan, SDP 98-119, approved September 16, 1998. Any amendments to the site plan other than minor changes as defined in stipulation #1 of Exhibit D of this Resolution, shall require a new Conditional Use approval. A.GENOA ITEM No. /",t f/J )~ SEP 1 2 2000 PI. 5' EXECUTIVE SUMMARY PETITION PUD-00-10, MS. KAREN BISHOP OF PROJECT MANAGEMENT SERVICES, INC., REPRESENTING ROYAL PALM BUILDERS I, INC., REQUESTING A REZONE FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MEADOWBROOK PUD ALLOWING FOR 293 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT-PULLING ROAD (C.R.31) AND SOUTH OF THE CARILLON PUD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 48.87 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application to rezone 48.87 acres from "A" Agricultural to "PUD" permitting 293 residential dwelling units. CONSIDERATIONS: The proposed 48.87-acre Meadowbrook PUD is a planned residential development that provides one residential tract for development of mixed residential dwellings types, a clubhouse and recreational amenities. The development strategy is to develop a maximum of 293 dwelling units, which results in a density of 6-units per acre. The PUD Master Plan indicates that the main access point to the project is from Airport-Pulling Road (CR-31). This access point also aligns with the existing traffic signal at the access drive serving the Naples Bath & Tennis Club. The Master Plan also indicates that another access point to the project is proposed from Pine Ridge Road via a 60-foot wide private ingress-egress easement between the Kensington PUD and the Carillon PUD. This secondary access road gives this development direct access to two or more arterial roads. Lastly, the PUD Master Plan provides a vehicular access connection to the Carillon Shopping Center to the north subject to an equitable agreement between the two property owners. The project lands are located within the Urban-Mixed Use District, Urban Residential Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The GMP indicates that the intent behind providing a density bonus is to encourage development of these urban parcels and to take advantage of existing public facilities and utilities to the area. This should discourage development outside existing urban areas of the county. The project density shall be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Roadway Access* Maximum Permitted Density +4 dwelling units per acre +3 dwelling units per acre +1 dwelling unit per acre +8 dwelling units per acre SEP 1 2 20~0 *The PUD document and Master Plan indicate that the project is intended to have direct access to two (2) or more arterial roads, therefore the project is eligible for a density bonus of up to one additional dwelling unit per acre. However, the subject site does not directly front on Pine Ridge Road (CR-896) but it may have access via a private ingress/egress easement. The petitioner has provided legal documentation (attached with application) that the developer could use this private access easement as iljustrated on the Master Plan. In addition, the PUD document requires that this access road to be constructed prior to the granting of the density bonus. Staff is of the opinion that the project is eligible for this additional density bonus. The subject site is located outside the Traffic Congestion Boundary as iljustrated on the Future Land Use Map, but it does abut this boundary that follows along Airport- Pulling Road (CR-31). Since this project is adjacent to the Traffic Congestion Boundary with its principal access to CR-31 forming the Traffic Congestion Boundary, the Growth Management Plan (GMP) currently requires that one dwelling unit per acre be subtracted from the project density. However, if access is also provided to .another arterial road outside the Traffic Congestion Boundary, no density reduction is required. Therefore, the maximum eligible density is eight (8) units per acre. Therefore, the requested density of 6 units per acre is consistent with the 7 units per acre the site is eligible to receive. The relationship of the proposed development to the existing land uses includes a compatibility study of density. The surrounding densities of the adjacent developments are as follows: The Timberwood PUD to the south is approved for 116 units and at a density of 6 units per acre. To the northeast and east is the developed Kensington PUD that permits a total of 600 dwelling units on 369 acres. This results in a density of 1.6 units per acre. To the southeast is a portion of the World Tennis Center PUD that allows 361 units at a density of 4.5 units per acre. Properties to the west across CR-31 are the developed Naples Bath and Tennis Club community that permits 516 units at a density of 3.36 units per acre. To the north lies a mixed-use commercial and residential PUD known as the "Carillon PUD". The developed commercial component contains an existing retail shopping center on approximately 32-acre tract. The undeveloped residential component allows for 180 dwelling units on the remaining 11.21 acres, which results in a density of approximately 16 units per acre. Based c~n the intensity and densities of the surrounding developments, staff is of the opinion that the sub|ect PUD should receive a density bonus of two (2) units per acre to allow a total of 6 units per acre and a maximum of 293 units. The petitioner's stated intent is to primarily construct Coach/Townhouse dwellings and with a maximum height of 2-stories or 30 feet. Since the properties to the east are developed with sinele family dwe!linl~s, the PUD limits the maximum height to 2-stories for all structures abuttin_ff the eastern and southern property line. It should be noted that one person spoke during the Planning Commission meeting requesting clarification of the landscaping buffer along the southern property line, vehicular access to the Carillon Shopping Center and pedestrian sidewalks. The applicant stated that the existing native vegetation will be retained to the greatest extent possible and that a Type "B" Buffer as defined in the Land Development Code will be installed first along the southern property line. The petitioner also agreed to show a vehicular access connection to the Carillon Shopping .Center on the Master Plan along with a sidewalk along the East Side of the canal fronting the project. 2 The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 2,518 weekday trips at build-out. Based on staff's analysis and the results contained in the TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design volume) on Airport-Pulling Road (CR-31) with the access to Pine Ridge Road via the ingress/egress easement. In addition, CR-31 from Pine Ridge Road to Golden Gate Parkway is not projected to operate below it's adopted LOS "E" standard at the project build-out. As a result, this petition is consistent with Policy 5.1 and 5.2 of the TCE. Conversely, Pine Ridge Road (CR-896) is a 4-lane arterial road east of CR-31. This road segment was adopted with LOS "E" as its minimum standard. The traffic count for this segment is 39,580 and results in LOS "F" operation. Since the proposed improvement of this segment to 6-lanes is scheduled to commence by the year 2000/01, this road segment is projected to operate at an acceptable level of service prior to the build-out of this project. In addition, CR-31 is currently a 6-lane facility south of Pine Ridge Road with LOS "E" as its adopted standard. The current traffic count for this segment is 42,639 and results in LOS "D" and is projected to be deficient by 2005 which is after the project build-out. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: Correctional Facilities Radon Impact Fee: EMS Impact Fee: Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this project proposes 293 units, the total amount of residential impact fees collected at build-out will total $807,801. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, The total impact fee quoted above is at best a raw estimate. 3 2000 Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban-Mixed Use, Urban Residential Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide for higher densities in areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. Since the subject site is also located within a density band as designated on the Future Land Use Map, the project is eligible to receive 3 additional dwelling units per acre for a total eligible density of 7 units per acre. Therefore, this proposed PUD is consistent with the GMP. It should be noted that this rezone petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: The project site has been used for row crop agricultural uses in the immediate past. The site is relatively level with elevations from 9.6 feet to 11.1 feet above mean sea level. Since the site has been previously cleared for agricultural purposes, a waiver from submitting an Environmental Impact Statement (EIS) has been granted. The Environmental staff has reviewed this petition and their conditions of approval have been incorporated into the PUD document. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-00-10 subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. This includes a requirement to construct the access road from the site to Pine Ridge Road via the 60-foot access easement prior t~ *~'~: .... ...... i[mg~lS~-Ja 4 of a certificate of occupancy for the 50* unit. SEP 1 2 20 11 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning Environmental and Engineering staffs have reviewed the petitioner's application and has made the following determination. Since the site has been previously cleared for agricultural purposes, a waiver from submitting an Environmental Impact Statement (EIS) has been granted. Therefore, this petition was not required to go to the Environmental Advisory Council meeting. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on August 17, 2000. They unanimously voted (5 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. In addition, the Planning Commissioners deemed this petition to be consistent with the adjacent developments and with the Density Rating System of the Growth Management Plan. Since staff has not received any correspondence objecting to this project, this petition has been placed on the Summary Agenda. PREPARED BY: RONA~,',~ 1~. N:IN~O~I~P, MANAGER CURRENT DLA~G SECTION ROBER~ J. MULHE~, AICP, DI~CTOR ~LA~G SERVICES DEP~TMENT V~CENT A. CAUTERO, ~CF, ~M~ST~TOR COMITY DEV. ~ E~IRO~E~ PUD-00-10/EX SUMMARY/RVB/rb DATE DATE DATE DATE 5 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: JULY 24, 2000 PETITION NO: PUD-00-10, MEADOWBROOK PUD OWNER/AGENT: Agent: Ms. Karen Bishop Planning Management Services, Inc. 2335 Tamiami Trail North, Suite 408 Naples, Florida 34103 Owners: Royal Palm Builders I, Inc. 5811 Pelican Bay Boulevard Suite 208 Naples, Florida 34108 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development district to be known as the Meadowbrook PUD. GEOGRAPHIC LOCATION: The property is located on the east side of Airport-Pulling Road (CR-31) and approximately one half mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed 48.87-acre Meadowbrook PUD is a planned residential development that provides one residential tract of development supporting a mix of residential dwellings types, a clubhouse and recreational amenities. The primary objective is to develop a maximum of 293 dwelling units, which results in a density of 6-units per acre. The PUD Master Plan indicates that the main access point to the project is from Airport- Pulling Road (CR-31). This access point also aligns with the existing traffic signal at the access drive serving the Naples Bath & Tennis Club. The Master Plan also indicates that another access point to the project is proposed from Pine Ridge Road via a 60-foot wide private ingress-egress easement between the Kensington PUD and the Carillon PUD. This secondary access gives this development direct access to two or more arterial roads. ~ ~Ioo.~qAxopeolAl ~!d~N,10 ! i/ I SEP 1-2 200[}. SURROUNDING LAND USE AND ZONING: Existing: The entire property is zoned "A" Agricultural and is currently undeveloped. It should be noted that this property has been previously cleared and utilized as croplands. Surrounding: North - To the north lies a mixed-use commercial and residential PUD known as the "Carillon PUD". This project contains an existing retail shopping center on a tract approximately 32-acres in size. This PUD also allows for 180 dwelling units on the remaining 11.21-acre site. This undeveloped residential tract was approved with a density of approximately 16 units per acre. East - To the northeast is the developed Kensington PUD, which permits a total of 600 dwelling units on 369-acres. This results in a density of 1.6 units per acre. To the southeast is a portion of the World Tennis Center PUD that allows 361 units at a density of 4.5 units per acre. South- The developed Timberwood PUD allows 116 dwelling units at a density of 6-units per acre. West- To the west across CR-31 is the Naples Bath and Tennis Club PUD that permits 516 units at a density of 3.36 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: Project lands are located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the Residential Density Band around the Pine Ridge Road and Airport Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The GMP indicates that the intent behind providing a density bonus is to encourage development of these urban parcels and to take advantage of existing public facilities and utilities available to the area. This should also discourage development outside existing urban areas and into rural areas of the county. AGENDA 2 A consistency analysis with applicable elements of the GMP is as follows: FLUE and Density - Since the 48.87 acre site is located within a Density Band as noted above, the Board of County Commissioners may approve a range of up to three (3) additional dwelling units per acre over the base density of 4 units per acre for a total of seven (7) units per acre. The project density shall be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Roadway Access* Traffic Congestion Area** Maximum Permitted Density +4 dwelling units per acre +3 dwelling units per acre +1 dwelling unit per acre - 1 dwelling unit per acre +7 dwelling units per acre *The PUD document and Master Plan indicate that the project is intended to have direct access to two (2) or more arterial roads, therefore it is eligible for a density bonus of up to one additional dwelling unit per acre. Since, the subject site has access to Pine Ridge Road (CR-896) via a privately owned ingress/egress easement, staff recommends that the project receive an additional unit per acre for connection to two arterial roads. This density bonus is subject to the following conditions: 1) The petitioner provides legal documentation that they may use this private access easement. 2) That the PUD document requires that this access road from the project to CR-896 be constructed prior to the granting of density bonus of one additional unit per acre. Since the subject PUD does provide these requested conditions, staff is of the opinion that the project is eligible for this density bonus. **The subject site is located outside the Traffic Congestion Boundary as iljustrated on the Future Land Use Map, but it does abut this boundary that follows along Airport-Pulling Road (CR-31). Since this proiect is adlacent to the Traffic Congestion Boundary with its principal access to CR-31 forming the Traffic .Coneestion Boundary, the Growth Management Plan (GMP) currently requires that one dwelling unit per acre be subtracted from the project density. As a result, the maximum eligible density is seven {7) nnits per acre. Traffic Circulation Element (TCE): The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 2,518 weekday trips at build-out. Based on staff's analysis and the results contained in the TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design volume) on Airport-Pulling Road (CR-31) with the access to Pine Ridge Road via the ingress/egress easement. In addition, CR-31 from Pine Ridge Road to Golden Gate Parkway is not projected to operate below it's adopted LOS "E" standard at the project build-out. As a result, this petition is consistent with Policy 5.1 and 5.2 of the TCE. Conversely, Pine Ridge Road (CR-896) is a 4-lane arterial road east of CR-31. This road segment was adopted with LOS "E" as its minimum standard. The traffic count for this segment is 39,580 and results in LOS "F" operation. Since the proposed improvement of this segment to 6-lanes is scheduled to commence by the year 2000/01, this road segment is projected to operate at an acceptable level of service prior to the build-out of this project. In addition, CR-31 is currently a 6-lane facility south of Pine Ridge Road with LOS "E" as its adopted standard. The current traffic count for this segment is 42,639 and results in LOS "D" and is projected to be deficient by 2005 which is after the project build-out. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. It should be noted that Airport-Pulling Road south of Golden Gate Parkway is currently operating at LOS "F", however, the extension of Livingston Road is anticipated to improve the level of service on this segment when completed. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. Since the project abuts the existing Carillon PUD to the north, CR-31 to the west, the existing Timberwood PUD to the south and Kensington to the east, no interconnection appears to be feasible. 3 Conservation and Open Space - The PUD provides a combination landscape, lakes, water management areas, and qualifying open space that exceeds sixty (60) percent of the gross area. The PUD will achieve native vegetation preservation or re-vegetation requirements of the LDC, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. Since the site has been previously cleared for agricultural purposes, a waiver from submitting an Environmental Impact Statement (EIS) has been granted. The Environmental staff has reviewed this petition and their conditions of approval have been incorporated into the PUD document. Other jurisdictional staff has also made recommendations for modification of PUD to ensure compliance with LDC requirements and these modifications have also been included in the revised PUD. Lastly, the Transportation Department has requested that the streets within the development be private. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). 4 : 'i '~ ~000 Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board Of County Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. The added density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of infrastructure to support the additional units. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the south, east and west. The PUD Master Plan iljustrates a development permitting 293 dwelling units on the subject 48.87-acre site. The total project density of 6 units per acre is consistent with the GMP. Conversely, the proposed density is one unit per acre less than the possible eligible density of 7 units per acre. Relationship to Existing Land Uses: The surrounding densities of the adjacent developments are as follows: The Timberwood PUD to the south is approved for 116 units and at a density of 6 units per acre. To the northeast and east is the developed Kensington PUD that permits a total of 600 dwelling units on 369 acres. This results in a density of 1.6 units per acre. To the southeast is a portion of the World Tennis Center PUD that allows 361 units at a density of 4.5 units per acre. Across CR-31 are the developed Naples Bath and Tennis Club PUD that permits 516 units at a density of 3.36 units per acre. To the north lies a mixed-use commercial and residential PUD known as the "Carillon PUD". The developed commercial component contains an existing retail shopping center on approximately 32-acre tract. The undeveloped residential component allows for 180 dwelling units on the remaining 11.21 acres, which results in a density of approximately 16 units per acre. Based on the intensity and densities of the surrounding developments, staff is of the opinion that the subject PUD should receive a density bonus of two (2) units per acre to allow a total of 6 units per acre and a maximum of 293 units. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct multi-family dwellings with a maximum height of 2-stories. The PUD document also permits single family attached/detached, duplex, along with zero lot line development standards with a maximum height of 2- stories. Since the properties to the east are developed with single family dwellings, the PUD limits the maximum height to 2-stories for all structures. The proposed building heights are compatible with the adjacent residential development and is far less that the Carillon PUD that allows 6 stories over parking for multi-family structures. The PUD document requires a rear yard setback of 20 feet for any structure from the PUD boundary and 20 feet between structures. It should be noted that the PUD development strategy is one that would allow for a mix of dwelling types such as: single family, two family and multi-family dwelling housing structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning districts. Staff is of the opinion that a density bonus of two (2) units per acre is compatible with the adjacent properties that includes the commercial property to the north and its approved but undeveloped residential tract at 16 units per acre. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Traffic Circulation - The proposed access point to Pine Ridge Road via the 60-foot wide ingress/egress easement is required in order to for the property to be eligible for a density of 6 units per acre. This access road shall be constructed prior to the issuance of the Certificate of Occupancy of the developments 50th unit. In addition, this access will improve traffic circulation at the intersection of CR-31 and the project. In addition, the petitioner agrees with staffs recommendation that a 15-foot wide landscape buffer be placed in the easement along the eastern property line with the Kensington development. The Traffic Circulation Element lists Pine Ridge Road (CR-896) is a 4-lane arterial road east of CR-31. This road segment was adopted with LOS "E" as its minimum standard. The current traffic count for this segment is 39,580 and is operating at LOS "F". Since construction of this segment to 6 lanes is scheduled to commence by the year 2000, this road segment should operate at acceptable level of service at the build-out of the project in 2002. In addition, CR-31 is a 6-1ane facility south of CR-896 with LOS "E" as its adopted standard. The current traffic count is 42,639 (LOS "D"). This segment is projected to be deficient in 2005 which is after the project build- out. As a result, this petition is consistent with Policies 1.3 and 1.4, of the TCE. It should be noted that the Metropolitan Planning Organization (MPO) indicates that the scheduled extension of Livingston Road from Golden Gate Parkway to Radio Road should relieve some of the congestion on this segment of CR-31. Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or site development plan approval. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with CR-31. Shopping centers, and medical offices of various specialties are all within a short driving distance. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the Airport Road/Pine Ridge Road Activity Center. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. PUD Document/Master Plan: The PUD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions covering references to GMP and LDC, format for addressing land uses and development standards and development commitments. The PUD also contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures both for individual lots and cjustered development are similar to the standards commonly employed in other PUD's, that by actual development practice has produced aesthetically pleasing communities. The PUD Master Plan is designed around a primary access point onto Airport Road while a pedestrian access is provided to the existing Carillon commercial shopping. To improve the relationship with adjacent land uses, the location of future dwelling units have been integrated around lakes and landscape buffers as depicted on the Master Plan. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-00-10 subject to the approval conditions that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. 6 S,-P I2 2000 PREP/kRED BY: P, AYC~ELLOWS, PP,~creAL PLA~,r~R C~] ~L~G SECTION RONAL F. ~O, ~CP, M~AGER CU~NT PLA~G SECTION ,,~ ROBERT J. MULHE~, AICP, DI~CTOR !'LA~ING SERVICES DEP~E~ DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-00-10 Staff Report for August 17, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUD-00- ! 0/STAFF RBPORT/RVB/rb ~EP2~ ~ 2000 FINDINGS FOR PUD PUD-00-10 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along Airport-Pulling Road (CR-31). (ii) Development of land which is located on an arterial road, is within a density band, next to an Activity Center, and is adjacent to commercial uses is particularly suitable for multi-family uses. Con: (i) Existing residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and Exhibit "A" maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Findine: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses at a density of 7 units per acre which is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: (i) The PUD has been designed to provide similar development standards as the approved PUD developments to the south and east. In addition, increased landscaping and buffering has been provided to buffer the residential tract with the existing shopping center to the north. (ii) The proposed development will serve as a transition from the commercial land uses to the north with the mixed residential uses to the east. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ' ' Ac, oa~ ~xroa Pro/Con: Evaluation not applicable. 2 Summary~ Findine: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. 0 The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to extend the existing residential zoning that is adjacent to the site to the south. Since the subject site is located within a density band, this project is eligible to receive a density bonus of 3 units per acre. In addition, this project will not adversely impact any adopted level of service standard. Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. e Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary_ Findine: This f~nding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-00- I 0/RVB/rb 3 liEZONE FINDINGS PETITION PUD-00-10 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within the Mixed Use Urban Residential District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findines: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findings: To the north is the approved Carillon PUD that contains an existing shopping center. This is a 'residential PUD within the density band. The subject PUD serves as a transition with the commercial uses to the north and the residential uses to the south. The property to the west across CR-31is an existing mixed residential development. To the south is the Timberwood PUD. To the east are single-family dwellings on lands that are zoned Kensington PUD. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (48 acres) and is located within a density band and an Activity Cen~er. In addition, the site is adjacent to an existing residential PUD. Con: None. 'SEP il 2 2000 e Summary_ Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The boundaries are logically drawn by virtue that the subject PUD provides an extension of the existing residential land to the south. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved residential land uses to the south and because of the subject PUD's relationship to the GMP is a positive one. Con: None. Summary Findings: Consistent with the FLUE and Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the west of the project. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary_ Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. This includes limiting the density to 6 units per acre. 2 SEP 1 2 2000 Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road (CR-31) thereby providing access to the arterial road network over which traffic from this development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan.. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary_ Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary, Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans ar, ,,,,~,,g~rl~l~ I1E~ meet County standards as a condition of approval. No. ~ SEp 1 2 2000 10. 11. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the south. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the nearby projects to the south and west. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrenee to improvement of adjacent property. SEP F2 2000 12. 13. 14. 15. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findines: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findin_es: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivision to the west and east may feel that the proposed change is out of scale with the neighborhood. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary FindinGs: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 12 2000 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petitions and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-00-10/RVB/rb ,SEP1 2 2000 L PUDO0- 1 0 Petition No.: Commission District: APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE ;...,? 08 Date Petition Received, !!t~-.-~T'~3- ~L'~/_'tj) Planner Assigned:/v x :. , .~ ~ ~.. ~ ~ ~ ~ 1. General Information: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Applicant's Mailing Address City Naples Applicant's Telephone # Royal Palm Builders I, Inc. 5811 Pelican Bay Blvd, Suite 208 Name of Agent State 566-2719 Florida Zip 34108 Fax# 566-3593 Agent's Mailing Address City Naples Karen Bishop Firm PMS, Inc.of Naples 2335 Tamiami Trail North, Suite 408 State Florida Zip 34103 Agent'sTelephone # 941-435-9080 Fax#941-435-9082 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 APPLICATION. FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 1 )F 16 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) Associations not formed yet (Provide additional Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by _the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10198 PAGE 2 OF b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If them is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Stephen D. Coleman, President Mark Coleman, Vice President Jeffrey Coleman, Secretary/Treasurer APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Percentage of Ownership Date of Contract: April 6, 2000 fi If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired: ( ) leased ( ):.__Term of lease__yrs./mos. If, Petitioner has option to buy, indicate date of option: .416/00 and date option terminates: 2/15/01 for zoning, or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3.Detailed !e£al description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. ff questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 13 Township: 49S Range: 25E Lot: Block: Subdivision: Legal Description Attached Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: 4.Size of property: Irregular ft. X ~ ft. = Total Sq. Ft. Acres 48.87 5.Address/general location of subject property: Airport Road N. south of Carillon Shopping Center APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 4 O! AC~r.J~)A I1 SEP1 OO 6. Adjacent zonin_e and !and use: Zoning Land use N PUD Shopping Center SPUD Residential E PUD Residential Residential W PUD Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D.#: , 7. Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Agricultural, active farm field A Proposed Use (or range of uses) of the property: Single Family, Multi-Family residential 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and See. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 5 OF i~ SEP12 Standard Re~;one Considerations (LDC Section 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 1. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone ) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7.Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potem under the proposed zoning classification. ,:PAGE 6OF 6 APPLICATION FOR PUBLIC HEARING FOR PUD IREZONE - 10/98 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Regone Consideration, (LDC Section 2.7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 9.Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictio~ PAGE 7 OF 16 10.Previous !and use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes, rezonc to PUD 11.Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PUBLIC !lEARING FOR PUD REZONE - 10/98 PAGE 8 O1:6 AGENDA IT. SEP Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). b. Statement of utility provisions (with all required attachments and sketches); eo A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;- A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FQR PUD REZONE - 10/98 PAGE 90 SEP 1 2 20011 16 Pg. ¢ ?,,9.. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST NAME OF APPLICANT: Royal Palm Builders I, Inc. MAILING ADDRESS: CITY Naples 5811 Pelican Bay Blvd, Suite 208 STATE FL ZIP 34108 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Airport Road N. 4. LEGAL DESCRIPTION: Section: 13 Lot: Block: Plat Book Page #: Metes & Bounds Description: Township: 49S Range: 25E Subdivision: Legal Description Attached Property I.D.#: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: 293 dru's APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 13 AGENDA :F 16 .? P;.. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 165 GPM AVERAGE DAILY 95,225 GPD B. SEWER-PEAK 139 GPM AVERAGE DAILY 80,575 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: May 2001 . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: ff the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR PUD IREZONE - 10/98 PAGE 14 OF AFFIDAVIT We/I, Royal Palm Builders I, Inc. being first duly sworn, depose and say that we/I am/are the owners of the property 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/l 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 shah not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property o w~_ e//nf~ar/yherma~ ~/hr/:i/;a r~ ~nr; ~h/Ks 'pBeitTth/o°nP. ° f P MS Inc. of Naples to act as /gna~f Property Owner Sig~ o-f-~o-~ ~)-~-~ner ~tephen D. Coleman Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this -~?~ day of by Ul~tz~tGl, d C. j3~l,~ who is personally known to me or has produced as identification. ,2000, State of Florida County of Collier (Signature of Notary Public- State of %[ Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16OF 16 AGENDA I', 2' oo SEP LEGAL DESCRIPTION A parcel of land lying within section 13, township 49 south, range 25 east, Collier County, Florida, being more particularly described as follows: Beginning at the southwest comer of the plat of Carillon (Plat Book 21, Page 59-61); Thence N 88°50'18" E, Along said plat a distance of 710.00 feet; thence N 01 °00'37" W, along said plat a distance of 373.80 feet; thence S 89°52'59" E, along said plat and the extension thereof a distance of 571.37 feet to an intersection with the westerly line of Kensington Park Phase One (Plat Book 21, Page 62-67); thence S 01 °00'37" E, along said westerly line and the extension thereof a distance of 1879.22 feet to an intersection with the northerly line of Timberwood (un-platted); thence N 89°31 '09" W, along said northerly line a distance of 1277.77 feet to an intersection with the easterly right-of-way line of Airport Pulling Road; thence N 01 °09'42" w, along said easterly line a distance of 1481.54 feet, to the point of beginning; containing 48.866 acres of land, more or less. Subject to easements and restrictions of record. , SEP 1 2 ~IS AOR~EMg~ is made and entered into as of the ~ da3 of April, 2000, by and between Marian H. Gerace, Trustee ( "Seller" ), and ROYAL PALM BUILDERS I, INC., a Florida corporation ( "Purchaser" ) . In consideration of the mutual covenants and promises herein set forth, the parties a~ree as follows: 1. Purchase and Sale. Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller that certain parcel of real property ("Land") containing approximately 48.74 acres located in Collier County, Florida described in Exhibit ~A" attached to this Agreement, together with the following property and rights owned by Seller: (a) all easements, privileges, and other rights appurtenant to, or accruing to the benefit of, the Land; and (b) all contracts, permits or other authorizations or rights pertaining to the ownership and/or operation of the Land which are assignable and .would affect the Land after closing. The Land and the other property and rights described in this paragraph 1 are hereinafter collectively referred to as the ~Property". ~ 2. Purchase Price. The purchase price to be paid by Purchaser to Seller for the Pro)erty is ("Purchase Price"). The Purchase Price shall not be adjusted based upon the actual gross acreage of the Land as shown in the Survey to be obtained in accordance with paragraph 6 below. 3. D_~. To secure the performance by Purchaser of its obligations under this Agreement, Purchaser has delivered to Chicago Title Insurance Co., as Escrow Agent (~Escrow Agent"), the sum of Fifty Thousand and No/100 ($50,000.00) Dollars ("Initial Deposit") by check, the proceeds of which shall be held as an earnest money deposit hereunder. In addition, on or before the expiration of the Inspection Period (as hereinafter defined), Purchaser shall deliver to Escrow Agent an additional deposit in the amount of Fifty Thousand and No/100 ($50~000.00) Dollars ("Additional Deposit") to secure the performance by Purchaser of its obligations hereunder. A second additional deposit (~Second Additional Deposit") in the amount of Two Hundred Fifty-Thousand and No/100 ($250,000.00) Dollars shall be delivered to the Escrow__ __ Agent in the event Purchaser elects to provide the "Reduced Density Notice" (as defined and as provided for hereinafter in paragraph number 7. Within five (5) business days after Purchaser obtains the Zoning Change (as hereinafter defined), Purchaser shall deliver an additional deposit ("Third Additional Deposit") to Escrow Agent equal to the difference between Five Hundred Thousand and No/100 ($50¢,000.00) Dollars and the total of the Initial Deposit, Additional Deposit and Second Additional Deposit actually delivered to Escrow Agent. The total amo,n~ h,~ h~:~i Escrow Agent at any time hereunder from the Initial ],epos~ Additional Deposit, the Second Additional Deposit, azd t~Third~ Additional Deposit at any time hereunder shall be !ollectively%~ SEP 1 2 2O00 referred to herein as the ~Deposit". Escrow Agent shall invest the Deposit in an interest-bearing account maintained with or issued by a commercial bank doing business in Collier County, Florida, or as otherwise agreed to between Seller and Purchaser. All interest accrued or earned thereon shall be paid to or credited to Purchaser if Purchaser is'entitled to a return of the Deposit or if the transaction se~ forth herein closes, or to Seller in the event Seller is entitled to retain the Deposit hereunder as liquidated damages in accordance with the default provisions below. Purchaser and Seller shall enter into Escrow Agent's standard escrow agreement. 4. Terms of Pa_vment. The Purchase Price shall be paid to Seller as follows: $500,000.00, being the Deposit, which sum shall be paid to Seller at Closing. ~in c'ash, at Closing, subject to prora- tions and adjustments as hereinafter provided, to be paid by wire transfer to Seller of immediately available federal funds pursuant to instructions provided by Seller. Total Purchase Price prorations as hereinafter provided). (subject to 5. ~. At least fifteen (15) days prior to the expiration of the Inspection Period (as hereinafter defined), Purchaser at Purchaser's cost and expense, shall: (i) obtain a title insurance commitment ("Commitment") in favor of Purchaser, with an effective date subsequent to the date of this Agreement, and (ii) provide a copy of the Commitment to Seller, together with copies of all exceptions and other recorded documents shown in the Commitment. Within ten (10) days after receipt of the Commitment, Seller will provide notice to Purchaser of the requirements (~Seller Requirements") contained in Schedule "A" of the Commitment which Seller agrees to satisfy at or prior to Closing (as hereinafter defined). In addition, Purchaser shall procure at its sole cost and expense, such other information regarding title as Purchaser deems necessary or desirable in determining to proceed with the transaction set forth herein beyond the Inspection Period (as hereinafter defined). In the event Purchaser determines to proceed with the transaction set forth herein beyond the Inspection Period (as hereinafter defined), the following matters affecting title to the Property shall be deemed to be ~Permitted Exceptions" and acceptable to Purchaser: (a) all matters set forth in the Commitment, except the Seller Requirements to be satisfied by Seller at or prior to closing; (b) ad valorem real estate taxes for the year of Closing and subsequent years; (c) all laws, ordinances, and governmental regulations, including, but not limited to, all building, zoning, land use and environmental ord: nances arkm~ regulations; T2 (d) all restrictions, reservations, easements, covenants, agreements, limitations and other matters appearing of record through the date of the Commitment; (e) all matters disclosed by the Survey (as hereinafter defined) or that would be disclosed by any other survey or inspection of the Land; (f) any improvement liens assumed by Purchaser pursuant to paragraph 12 below; (g) all matters arising from or growing out of the Intended Development (as hereinafter defined), the Land Use Approvals (as hereinafter defined), and the Zoning Change (as hereinafter defined). (h) The following reservation in favor of Seller to be created and reserved in the Special Warranty Deed delivered at Closing: "reserving to Grantor, their heirs, personal representatives, successors and assigns, any and all remaining oil, gas, other hydrocarbon substances and mineral rights; provided, however, Grantor, their heirs, personal representatives, successors and assigns shall have no surface right of ingress and egress on to the Property for any purpose, including for exploration or production of any such oil, gas, other hydrocarbon substances or minerals. (i) A restrictive covenant ~"Restrictive Covenant")in favor of the Property owned by Seller immediately north of the Land requiring Purchaser to provide a landscape buffe~ on the exterior portion of any wall located along the north side of the Land to fully screen such wall from the view of the adjacent property to the north. The Restrictive Covenant will be prepared by counsel for Seller and delivered to Purchaser within fifteen (15) days after the date of this Agreement. Purchaser and Seller agree to reasonably cooper'ate in connection with agreeing to the 'Restrictive Covenant during the Inspection Period (as hereinafter defined). In the event Purchaser and Seller are unable to agree to the Restrictive Covenant prior to the expiration of the Inspection Period, the Restrictive Covenant prepared by Seller's counsel shall be used, or Purchaser shall terminate this Agreement as provided in paragraph 6 hereof on or prior to the expiration of the Inspection Period. (j) The Temporary hereinafter defined). Construction Easement (as At closing, Purchaser's title company shall cause the Commitment to be marked up and become effective insurance by deleting the requirements contained therein and deleting the "Gap". Purchaser shall be responsible for satisfying the requirements contained in the Commitment applicable to Purchaser. Seller shall be responsible for satisfyimg the Seller Requirements. In the event that between the date Of the Commitment and the time of closing, new title matters arise which render title to the Property unmarketable and whicl caused by Purchaser, or any party claiming by, throug] Purchaser, and which are not caused by the Intended (as hereinafter defined), including the Land Use App: - 3 - mvals (as ~_ SEP 1 2 2000 hereinafter defined) (hereinafter referred to as ~Title D.fe~t(s)"), Seller shall have a reasonable period of time after notification by Purchaser of such Title Defects to remedy such defects and, if necessary, the closing shall be delayed for such period, not to exceed 120 days. Seller agrees to remove by payment, bonding or otherwise any Title Defect in a liquidated amount against the Property capable of removal by the payment of money or bonding, provided the cost of removal shall not in the aggregate exceed $100,000.00. In no event, however, shall Seller be obligated to bring suit or to expend any sum of money in excess of the amount set forth above to buy-out or settle any Title Defect. In the event that Seller does not eliminate all properly and timely raised Title Defects, Purchaser shall have the option of either: (i) closing and accepting title to the Property ~AS IS", without reduction in the. purchase price and without claim against Seller therefor, or (ii) canceling this Agreement in which event the Escrow Agent. shall return the Deposit and all interest earned thereon to Purchaser, whereupon both parties shall be released from all further obligations under this Agreement, except for obligations that.expressly survive the termination of this Agreement. Within ten (10) days from the date hereof, Seller shall deliver to Purchaser a copy of the existing survey prepared for Seller, recertified to Purchaser (but not updated). Thereafter, Purchaser shall cause to be obtained at Purchaser's cost and expense, a survey (~Survey") of the Laud certified to Purchaser, Seller and the Title Company to be in compliance with the minimum technical standards of the Florida Board of Land Surveyors. The Survey may be an update of the survey provided by Seller. All matters shown on the Survey sh~11 be deemed Permitted Exceptions in the event Purchaser elects to proceed with the transaction set forth herein beyond the Inspection Period (as hereinafter defined). 6. Inspection Period/Condition Precedent. Purchaser shall have until 5:00 p.m., May k, 2000 (the "Inspection Period"), to make such physical, development, legal, zoning, title, survey, land use, environmental, topographical and other examinations, inspections and investigations of the Property or the use or operation thereof which Purchaser, in Purchaser's sole discretion, may determine to make, including but not limited to, subsurface tests, soil borings, water surveys, percolation tests, topographical surveys, sewage disposal surveys, and drainage surveys. In the event Purchaser is not satisfied with any of the foregoing, in Purchaser's sole discretion, Purchaser may cancel this transaction by written notice of cancellation given to Seller prior to the expiration of the Inspection Period, in which event the Escrow Agent shall return the Deposit and all interest earned thereon to Purchaser whereupon both parties shall be released from all further obligations under this Agreement, except those obligations that expressly survive termination of this Agreement. In the event Purchaser has not so timely delivered written notice of cancellation, then the foregoing condition precedent shall automatically be deemed to be satisfied in full and, except as expressly set forth herein, shall purchase the Property in its "AS IS" condi situation subject only to the conditions precedent provided for herein. In the event Purchaser does no' the Additional Deposit to Escrow Agent on or be - 4 - HZZdv~T/~%,%'D¥S/10 S'7 8 2 S/m_8"10:11 deliver oreSEm expiration of the Inspection Period, the same shall be deemed tc be an election by Purchaser to terminate this Agreement, in which event the Escrow Agent shall return the Deposit and all interest earned thereon to Purchaser, upon compliance by Purchaser with the requirements set forth in paragraph 7 regarding continuation of the zoning and compliance with paragraph 17 hereof, whereupon both parties shall be released from all further obligations under this Agreement, except those obligations that expressly survive termination of this Agreement. 7. Zoning Change/Condition Precedent Currently the Property is zoned for agricultural use under the Collier County zoning code. As a specific and material inducement to Seller to enter into this Agreement, Purchaser has agreed to seek to obtain, at Purchaser's sole cost and expense, a rezoning of the Property from agricultural to residential PUD. Purchaser shall be obligated, at it sole cost and expense, to diligently pursue the rezoning of the Property to PUD residential as provided herein. On or before May ~, 2000, or the date permitted under applicable ordinances, if later ("Required Application Date"), Purchaser shall cause to be filed in Collier County, Florida, an application ("Zoning Application") to rezone the Property to Pb~ residential, together with all required submissions in connection therewith, at its sole cost and expense. Within one business day following the date of this Agreement, S~11er shall cause Seller's land use planner to provide to Seller a disk containing the electronic data prepared by such planner for use by Purchaser's land use planner (~Planner") . The data will be provided to the Planner for administrative convenience only to facilitate the Planner's ability to complete Purchaser's plans. In addition, in the event a waiver is applied for and not obtained, Seller shall provide to Purchaser a sealed set of Water Management Plans and calculations as previously prepared for Seller (but not updated). Seller agrees to pay to Planner up to $3,500.00 in connection with Planner's work toward completing and submitting the Zoning Applicationl Purchaser shall be' responsible for all costs and expenses of the Planner in excess of the $3,500.00 to be paid by Seller. In the event Purchaser has not terminated this transaction prior to the Expiration of the Inspection Period as provided in paragraph 6 hereof, Purchaser shal~ reimburse (~Planner Reimbursement") Seller for the $3,500.00 paid by S~11er to Planner in preparing the Zoning Application. The Planner Reimbursement shall be made within five (5) days following the expiration of the Inspection Period. In the event Purchaser terminates the transaction set forth herein prior to the expiration of the Inspection Period as provided in Paragraph 6 hereof, Purchaser shall no longer be obligated to continue to pursue the Zoning Application for the Property. In the event Purchaser terminates this Agreement prior to expiration of the Inspection Period, Purchaser shall cooperate with Seller, at no expense to Purchaser, to enable Seller to continue to pursue the :oning change for the Property pursuant to the Zoning Application. The provisions of this paragraph shall survive the termination of this Agreement. The Zoning Application shall seek to obtain ap Collier County, Florida' to construct up to six (6) units per acre on the Property ("Application MIAMI/LA~D¥S/105782S/m_8101 I .DOC/3/30/00 - 5 - 2000 Purchaser shall not have the right to accept a density less than the Application Density unless either directed by Seller or as hereinafter provided. Provided that Purchaser has proceeded with the transaction set forth herein beyond the expiration of the Inspection Period and is not otherwise in default under this Agreement, Purchaser shall have the right to accept a reduced density for the Property to not less than four (4) units per acre ("Reduced Density")upon delivery to Seller of the Second Additional Deposit, together with written notice (~Reduced Density Notice") to Seller of Purchaser's election to reduce the requested density to the Reduced Density. The Second Additional Deposit and the Reduced Density Notice must be provided to Seller at or prior to any public proceeding on the Zoning Application. In the event the Second Additional Deposit is delivered to Seller at the public proceeding, Seller shall then deliver the same to Escrow Agent to be held by Escrow Agent hereunder. Seller, or a representative of Seller with the power to act on behalf of Seller shall be present at the public proceeding. In addition, at any time Seller shall have the right to accept a Reduced Density for the Property if determined advisable in Seller's discretion to successfully fezone the Property from agricultural to PUD residential. In the event Seller elects to accept a Reduced Density prior to delivery by Purchaser of the Reduced Density Notice and the Second Additional Deposit, Purchaser shall not be obligated to provide the Second Additional Deposit tc Seller. Notwithstanding the desire of Purchaser and Seller to obtain a density of not less than six ~6) units per acre for the Property, Purchaser obtaining the rezoning of the Property to PUD residential with a density restriction permitting not less than four residential units per acre is a specific condition precedent to Purchaser's obligation to close the transaction set forth in this Agreement [the zoning change of the Property from agricultural to residential planned unit development of not less than four (4) units per acre and the expiration of all appeal periods shall herein be referred to as the "Zoning Change"). Unless Purchaser has filed the Zoning Application and provided the Planner Reimbursement to Seller on or before the Required Application Date, the same shall be deemed an election by Purchaser to terminate this Agreement in accordance with paragraph 6 hereof, in which event Escrow Agent shall return the Deposit and all interest earned thereon to Purchaser, whereupon both parties shall be released from all further obligations under this Agreement, except those obligations that expressly survive termination of this Agreement. In addition, in the event Purchaser timely files the Zoning Application as provided herein, Purchaser shall thereafter diligently pursue, at its sole cost and expense, the Zoning Change, unless and until Purchaser elects to terminate this Agreement prior to the expiration of the Inspection Period. In the event Purchaser fails to diligently and continuously pursue the Zoning Change, the same shall be deemed a default hereunder, whereupon S~1ier shall have the right to terminate this Agreement and in such case, Seller shall receive the Deposit as agreed and liquidated damages and this Agreeme_nt shall be termina' no further force or effect, except for the provisit which expressly survive termination of this Agreement. In the event this Agreement has not been terminate to other provisions hereof, in the event Seller is un MIAMI/LANDYS/: 0~7825/m_8101 ! . DOC/3/] 0/00 in obtaining the Zoning Change on or before ~$~' ~y' , PO0~/ ("Zoning Change End Date"), unless the condition precedent of Seller obtaining the Zoning Change is waived in writing by Purchaser ( ~ Waiver Notice" ) at least five (5) business days prior to the Zoning Change End Date, this Agreement shall be terminated, in which event the Escrow Agent shall return the Deposit and all interest earned thereon to Purchaser, whereupon both parties shall be released from all further obligations under this Agreement, except those obligations that expressly survive termination of this Agreement. Although Purchaser may seek to obtain other land use approvals ("Land Use Approvals") for its intended development of the Property ("Intended Development") prior to Closing, the ability to obtain such other Land Use Approvals shall not be a condition precedent to Purchaser's obligation hereunder. Notwithstanding anything herein to the contrary, the only contingency to Purchaser's obligation hereunder is the successful Zoning Change (not less than four units per acre). Seller shall have the right to prior approval of the Zoning Application and any and all terms, conditions and agreements required in connection with the Zoning Application, the Zoning Change and any other Land Use Approvals. Seller agrees not tc unreasonably withhold approval provided that suck terms, conditions or agreements will not impose any obligations or liabilities on Seller or the Propert7 which would survive the Zoning Change or the termination cf this Agreement. In addition, Seller shall have the right to prior approval of any and all individuals or companies to be retained by Purchaser in connection with Purchaser's processing of the Zoning Change. Purchaser agrees to keep Seller fully informed of all scheduled meetings and hearings in connection with the Zoning Application, the Zoning Approvals and any other Land Use Approvals. In addition, Purchaser agrees to timely provide Seller with copies of all documents and correspondence with respect to the Zoning Change and the other Land Use Approvals. In connection with the Zoning Application, Zoning Change and any other Land Use Approvals, Seller agrees to reasonably cooperate with Purchaser in submitting applications, plans and all other required documentation to any governmental agency (or community board), at the sole cost and expense of Purchaser. In addition, Seller agrees to cooperate with Purchaser ~n connection with executing applications and documents necessary to obtain the Zoning Change or other Land Use Approvals, at the sole cost and expense of Purchaser, provided that by the execution of such applications and' other documents, no obligations or liabilities are imposed on Seller or the Property. Purchaser shall be required to execute and deliver all bonds or other financial agreements required by Collier County or any other party or governmental entity in connection with the Intended Development, the Zoning Change, the Zoning Application, and any other Land Use Approvals. All costs and expenses in connect [on with the the Zoning Change, the Zoning Application and the Land Use Approval process generally ("Process"} , including but not limited to all survey, title, applications (except as provided herein with respect initial cost of Planner until reimbursement), and legal, shall be~ the sole responsibility of Purchaser and neither Seller Property shall have any liability or obligation of am' nature whatsoeverany costs or expenses in oonnection it'D%el MIAMI / LA~TDYS / 1057825/m_8101 ! ,DOC/3/30/00 - 7 - Zoning Change, Zoning Application, Intended Development and/or the Process, except for the "Zoning Credit" as provided ~n paragraph 13 hereof. ~? 8. Right to Enter the Property,~or Inspections. Purchas- er, and Purchaser's agents and contractors, shall have the right during the term of this Agreement, to enter upon the Property for purposes of inspection and investigation, including making tests and studies thereon, upon not less than two days prior written notice to Seller and Tenant (as hereinafter defined). Purchaser agrees to indemnify, defend and hold harmless Seller from and against all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) arising out of or resulting from any such inspection or investigation. In connection with the inspections and investigations by Purchaser, Purchaser agrees to conduct all tests and inspections in a manner which will minimize disruption to the existing farming operations on the Land and will coordinate all such tests and inspections with Seller and Tenant (as hereinafter defined) toward such goal. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this paragraph shall survive the Closing (as hereinafter defined) and any cancellation or termination of this Agreement. Throughout the term of this Agreement and prior to any inspections and/or tests on the Property by Purchaser, Purchaser agrees to obtain and keep in full force and effect comprehensive general liability insurance acceptable tc the Seller in an amount no less than $t,000,000.00 and to provide a certificate tc Seller adding Seller as an additional insured thereunder. 9. $~11er's Representations. Purchaser as follows: Seller represents to (a) Parties in Possession. There are no parties in possession of the Property or with a claim of possession to the Property other than Seller and Royce Stallings, cr his assigns ("Tenant"}. (b) FIRPTA. Seller is not a "foreign person" within the meaning of the United States tax laws and to which reference is made in Internal Revenue Code Section 1445(b) {2). At closing, Seller shall deliver to Purchaser a certificate to such effect. (c) Environmental Contamination. Seller has not received any notice from any governmental authority regarding a violation of hazardous or toxic waste laws, rules, or regulations concerning the Property. Provisions 9(b) and (c) shall survive Closing. 10. Purchaser's Representatio ~. Seller as follows: Purchaser represents to (a) Purchaser is a knowledgeabie and soph~ buyer of real estate properties of the type contemp · this Agreement. Purchaser has previously revie considered the nature of this transaction and the In Period will enable Purchaser to thoroughly investi, Property and all aspects of the transaction. In el~ proceed with this transaction beyond the Inspection Period, Purckaser shall have determined that the Property is satisfactory to Purchaser in all respects and will be purchasing the Property in "as is" condition, subject to the Clearance Obligations (as hereinafter defined). Purchaser has and will rely solely on Purchaser's own independent investigations and inspections, and Purchaser has not relied and will not rely on any representation of Seller other than as expressly set forth in this Agreement. The provisions set forth herein shall survive Closing or the early termination of this Agreement. (b) Purchaser is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida. The execution, delivery and performance of this Agreement by Purchaser have been duly authorized. No consent of any other person or entity to such execution, delivery or performance is required. 1!. Default Provisions. In the event of the default of Purchaser under this Agreement, Seller shall receive the Deposit, together with all interest earned thereon, as Seller's sole and exclusive remedy and as agreed and liquidated damages, whereupon the parties shall be relieved of all further obligations hereunder. Purchaser and Seller acknowledge and agree that actual damages are difficult or impossible to ascertain and the Deposit together with all interest earned thereon, is a fair and reasonable estimation of the damages of Seller. In the event of a default by Seller under this Agreement, without any default of Purchaser, Purchaser at its option shall have the right, as its sole and exclusive remedies, to either: (i) receive the return of the Deposit together with all interest earned thereon, whereupon the parties shall be released frcm all further obligations hereunder, or, alternatively, (iil seek specific performance of the Seller's obligations hereunder. In either election, Purchaser shall not have the right to seek damages for Seller's default. Notwithstanding the foregoing, in the event of a default by either party of any obligations that expressly survive closing or the termination of this Agreement, the non-defaulting party shall be entitled to seek any redress permitted by law or equity. The provisions hereof shall survive Closing and the termination of this Agreement. 12. ~. Real estate taxes and assessments shall be prorated as of the Closing Date (as hereinafter defined). In the event the real estate taxes for the year of closing are unknown, the tax proration will be based upon the taxes for the prior year. At the request of either party, the taxes for the year of closing shall be reprorated and adjusted when the tax bill for such year is received and the actual amount of taxes is known. Certified, confirmed or ratified liens for governmental improvements as of the date of this Agreemen=, if any, shall be paid in full by Seller, and all other liens for governmental improvements (whether certified hereafter or pending) assumed by Purchaser. Notwithstanding the foregoin! extent any of the foregoing certified, confirmed liens are payable in installments, Purchaser shall t MIAMI/LANDY$/1057825/m_8101 ! . DOC/3/30/00 ke title SEP I 2 2gOB subject to such lien{s) and assume the balance of suck installment-payments. In such event, the installment payment for the year of closing shall be prorated as of the date of closing. The provisions of this paragraph shall survive the closing. 13. g~l_~Costs. costs: The parties shall bear the following (a) Purchaser shall be responsible for payment of the following: (i) any and all costs and expenses of architec- tural, engineering and other inspection and feasibility studies and reports incident to Purchaser's inspections, (ii) recording fees for recording the Special Warranty Deed, (iv) all survey costs, (v) the cost of the title insurance premium for the policy to be issued from the. Commitment, (vi) one-half of the Fees of Escrow Agent, and (vii) all costs or fees in connection with Purchaser's Land Use Approvals, the Zoning Change and the Intended Development, including, but not limited to, the procurement of all governmental permits and approvals, including, but not limited to, impact fees, utility hookup and other fees and costs of utilities (but excluding the cost of processing the rezoning) . Notwithstanding the foregoing, however, at closing Purchaser shall receive a credit in the amount of $25,000.00 toward reimbursement of the Zoning Change Costs. (b) Seller shall be responsible for payment of the following: (i) documentary stamp tax on the Special Warranty Deed, (ii) the recording costs of documents necessary to clear title at Closing, !iii) the cost of the fezthing, !iv% the Broker's commission; and (v} one-half of the fees of Escrow Agent. (c) Each part}' shall pay its own legal fees except as provided in subparagraph 24(c) below. 14. ~ID~. Subject to other provisions of this Agreement for extension, the closing of the transaction set forth herein ("Closing") shall be held on the earlier of ("Closing Date"): (i) thirty days after Purchaser obtains the Zoning Change(which Zoning Change includes the expiration of all appeal periods), or {ii) five(5) days after the Zoning Change End Date, 2000, at Greenberg, Traurig, P.A., 1221 Brickell Avenue, Miami, Florida 33131. Seller shall have the right to extend the Closing for a period of up to sixty (60) days in order to comply with the requirements for causing the Tenant to vacate the Property as provided in paragraph 15 hereof and to complete the Clearance Obligations (as hereinafter defined). In the event Seller has not obtained the Zoning Change or Purchaser has not waived the Zoning change as a condition precedent hereunder on or before the' Zoning Change End Date, this Agreement shall be terminated. Except for the Zoning Contingency as expressly provided for herein, Purchaser's obligations to close hereunder shall not be subject to any other contingency for land use or other alproyals. At Closing, Seller shall execute and/or deliver (as applicable) to Purchaser the following closing documents (a) a special warranty deed conveying ~e subject to the Permitted Exceptions (and any othe: matuers.% either consented to or not timely oDjected to by Pu 'ch MI~I/~YS/1057825/m_~ 101 ~ .~C/3/30/00 - - (b) appropriate assignments of all other Property included in this transaction, to the extent legally assignable and without warranties or representations; (c) a "non-foreign" affidavit or certificate pursuant to internal Revenue Code Section 1445; (d) a mechanic's lien and "gap" affidavit; (e) an affidavit of exclusive possession; and At Closing, Purchaser shall execute and/or deliver applicable) to Seller: as (a) the balance of the Purchase Price; Both parties shall execute and deliver counterpart closing statements, the Restrictive Covenant and such other documents as are reasonably necessary to consummate this transaction. 15. Existing Tenant Currently, the Property is being farmed by Tenant in order to maintain the agricultural tax classification for the Property. Seller shall be obligated to cause Tenant to vacate the Property and remove its equipment prior to Closing. In addition, prior to Closing, Seller shall cause the Existing Tenant to remove the existing vegetation grown around the drainage and irrigation ditches and retention areas utilized by Tenant in its far~ing operations of the Property. If necessary, as provided in paragraph 14 hereof, Seller shall have the option to extend Closing for up to sixty (60) days as necessary to cause Tenant to vacate the Property, remove its equipment and remove the existing vegetation grown around the drainage and irrigation ditches and the retention areas. 16. Temporary_ Construction Easement. Seller shall obtain a temporary easement (~'Temporary Construction Easement") across the property west cf the Property (~AdJacent Property") for temporary ingress and egress from Pine Ridge Road to the Property for construction of an access bridge to the Propert~ across the canal coincident to the southern boundary line of the Property for access to Airport-Pulling Road. The Temporary Construction Easement will be prepared by counsel for Seller and delivered to Purchaser within fifteen (15) days after the ~ate of this Agreement. Purchaser and Seller agree to reasonably cooperate in connection with agreeing to the Temporary Construction Easement during the Inspection Period (as hereinafter defined). In the event Purchaser and Seller are unable to agree to the Temporary Construction Easement prior to the expiration of the Inspection Period, the Temporary Construction Easement prepared by Seller's counsel shall be used, or Purchaser shall terminate this Agreement as provided in paragraph 6 hereof on or prior to the expiration of the Inspection Period. Prior to Closing, Seller shall have the right to cause to be terminated all other easements appurtenant to the Property for ingress and egress across the Adjacent Property. 17. Delivery_ of Reports and Other Infoz-mation the event of the termination of this Agreement by MIAmi/LANDYS/1057825/m_8101 ! .DOC/3/30/00 - 11 - urchaser for SEP 122000 ' .1:~._ '~'/_.. -- .~ failure to obtain the Zoning Change or Purchaser's election to terminate this Agreement prior to the expiration of the Inspection Period, Purchaser shall have the obligation to assign and deliver to Seller~ at no cost and expense to Seller, any and all plans, studies, reports, permits and approvals prepared for or obtained by Purchaser in connection with Purchaser's inspections and investigations of the Property, the Land Use Approvals, the Zoning Change and the Intended Development. All such plans, studies and reports shall expressly provide that Seller is entitled to rely thereon and to utilize the work product thereof. Purchaser shall not be entitled to a return of the Deposit in the event Purchaser is otherwise entitled to a return of the Deposit hereunder until Purchaser has delivered to Seller all such plans, reports, studies, permits and applications. 18. Brokers. The parties each represent and warrant tc the other that no real estate broker(s), salesman (salesmen) or finder(s) have been involved in this transaction other than Caldwell Banker McFadden & Sprcwls, Naples Office, 3701 Tamiami Trail North, Naples, Florida 34103 ("Broker"). If a claim for commissions in connection with this transaction is made by any broker, salesman or finder claiming to have dealt through or on behalf of one of the parties hereto ("Indemnitor"), Indemnitor shall indemnify, defend and hold harmless the other party hereunder ("Indemnitee") from and against all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) with respect to said claim for commissions. In the event the transaction set forth herein closes, Seller shall be responsible for the brokerage fee due to Broker, pursuant to separate agreement with Broker. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this paragraph shall survive the closing and any cancellation or termination of this Agreement. This paragraph shall survive termination of this Agreement. 19. ~. Purchaser shall not be entitled to assign its rights hereunder withou~ the prior written consent of Seller, which Seller may grant or withhold in its sole discretion, except as hereinafter provided. Notwithstanding the foregoing, Purchaser shall have the right to assign its rights under this Agreement to an entity which is at least 50% owned by the principals in Purchaser. In the event of such assignment, Purchaser shall deliver a written assumption agreement to Seller pursuant to which the assignee assumes the obligations of Purchaser hereunder, jointly and severally with Purchaser. 20. ~. The Escrow Agent shall not be liable for any actions taken by it in good faith, but only for its negligence or willful misconduct. The parties hereby indemnify and agree to hold harmless the Escrow Agent from and against all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorneys' fees and court costs at all trial and appellate levels) the Escrow Agent may incur or be exposed to in its capacity as ~scrow agent hereunder, except for he entire its negligence or willful misconduct. If there be any to disposition of any proceeds held by the Escrow Age~ to the terms of this Agreement, the Escrow Agent authorized to interplead the disputed amount or MIAMI,'LA.NDYS/1057825/m_8101 ! .DOC/3/30/00 12 - proceeds with any court of competent jurisdiction and thereby be released from all of its obligations hereunder. 21. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or sent by recognized overnight courier such as Federal Express), and addressed as follows: If to the Seller at Wallace L. Lewis, Jr., Trustee c/o Steven A. Landy, Esq. Greenberg, Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 If to the Purchaser Royal Palm Builders I, Inc. 5811 Pelican Bay Boulevard, Suite 208 Naples, Florida 34108 Attn: Stephen Coleman, President Notices shall be deemed given on the date of delivery. 22. CQndemnation. In the event that the Land or any material portion thereof is taken by eminent domain prior to closing, Purchaser shall have the 'option cf either: (i) canceling this Agreement and receiving a refund of the Deposit and all interest earned thereon, whereupon both parties shall be relieved of all further cbliga~icn£ under this AgreeMent, or iii) proceeding with closing without reduction of the Purchase Price, in which case Purchaser shall be entitled to all condemnation awards and settlements, if any. in the event only a ncnmateria! portion of the Land is taken by eminent domain prior to closing, then Purchaser shall be required to proceed with closing without reduction of Purchase Price, but Purchaser shall be entitled to all condemnation awards and settlements, if any, as a credit at Closing. 23. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In the event of any litigation between the,_~.~,ies . under this Agreement, the prevailing party shall be[~nt/~|~ to reasonable attorney s ' fees and court costs at ~11 ~ial~ and appellate levels. I~~' '~ MIAMI/LANDYS/1057825/m_8101 I .DOC/]/3 o/00 (d) In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders, and captions and paragraph headings shall be disregarded. (e) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. (f) Unless expressly set forth herein, the terms and provisions of this Agreement shall not survive the closing and such terms and provisions shall be deemed merged into the special warranty deed and cxtinguished at closing. (g) Time shall be of the essence for each and every provision of this Agreement. (h) Neither this Agreement nor any notice or memorandum of this Agreement shall be recorded in any public records. ~ 24. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would ~e sought. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns. 25. Confidentiality. In connection with the transaction set forth herein, Purchaser, on behalf of itself and its successors and assigns, hereby agrees that the terms and conditions of this Agreement shall remain strictly confidential and shall not be disclosed by Purchaser, its successors or assigns, to any person or entity, except on a need to know basis, each of whom shall be informed and agree to be bound by the provisions of this paragraph. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. Signed in the presence of: (As to Purchaser) PURCHASER: Flori~~on By: / ~w-~ame/~t eph e n Coleman, MIAMI/LA}UDYS~105 825/m B10i! DOC/3/30/0D - 14 - £igned in the presence of: SELLER: (As to Seller) Mar'ian Gerace ,,, as Trustee MIAMI/L;tNDYS / 10578~ 5/m_8101 ! . DOC/3/30/00 - 15 - This instrument pn:pa~d by and a~e~ recording re~um ~o 2677193 OR: 2711 PG: 1167 RSCORDBD in O[~IClAL RBCORD$ Of COLLIIR COUM?Y, ~!, 08/16/2000 at 03:27PM DWIGHT J. BROCK, CLH[ R!C F!! 33.00 DOC-.70 .70 COPlBS 14.OO Retn: ROYAL PALM BUILDSRS 5911 PSLICAI{ BAY BLVD ~20~ IAPLIS FL 34108 DECLARATION AND GRANT OF EASEMENT T/HIS DECLARATION AND GRANT OF EASEMENT ("Agreement") is made as of the /~day of August, 2000, by MARIAN,,,H. G, ,ERA_C,E, as Trustee under unrecorded Trust · _~.~o,~ wd . ,'n ~-, e~ .~ z.--~.,~'~'- ,, ,, ~, ¥ Agreement whose address IS~-~s~,'. , ~ aa _~-.( Declarant ) and b' and bern con - __ _ ~> T'-. °7 ' ' Dcclaz'ant WaJlace L. Lewis,.k., as Trustee u~deT unrecorded Trust Agreement, whose address is B120 .qh/ 74TH AVF ("Lewis"). NIAN! FL 33143 RECITALS: A. Declarant is the owner of that certain properrs' ("Residential PropetiT") located in Collier County, Florida described in Exhibit "A" attached hereto and by this ret~rence made a part hereof. containing approximately 48.75-acres. B. Declarant is also the owner of that certain propert>' ("Easement Proper'D,'") located in Collier CounIy, Florida described in Exhibit "B" attached hereto and by this reference made a part hereof, containing approximately 1.93 acres. C. Lewis i~ the owner of that certain property ("Carillon Property.") located in Collier County, Florida described in Exhibit "C" attached hereto and by this reference made a part hereof, containing approximately 11.00 acres. D. Declarant desires to create and establish a non-exclusive easement for vehicular and pedestrian ingress and egress to and from Pine Ridge Road through the Easement Property. to and from the Residential Property. E. In addition, Declarant desires ~o grant to Lewis, a non-exclusive easement for ingress and ~ gress to and from Pine Ridge Road through the Easement Property, to and from ~he C~illon Property. 2-tooo F. The owners of the Carillon Propert), and the Residential Propcrb' shall construct and maintain paving, landscaping and other drive improvements on the Easement Property for use of the Easemere Property for ingress and egress to and from Pine Ridge Road as provided herein. NOW, THEREFORE, for and in consideration of the premises and the covenants hereinafter set forth, and the acquisition by any future own~ of all or any portion of the Residential Property and the Carillon Property, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged., Declarant hereby grants, reserves, declares and creates the easements set forth below. which shall be deemed easements running with and benefiting the Residential Property and the Carillon Property, and burdening the Easement Property. I. INGRESS/EGRESS EASEMENT FOR RESIDENTIAL PROPERTY. Declarant hereby imposes upon the Easement Property for the benefit of the present and future owners of all or any portion of the Residential Property, a perpetual non-exclusive vehicular ingress/egress easement ("Residential Easement") over and across the Easement Properly, for the purpose of vehicular ingress and egress to and from Pine Ridge Road. The creation and grant of the Easement is not intended to and shall not be construed as creating an)' rights in or for the benefi~ of the general public, and shall be subject to the right of the owner of the £asement Properly to impose and enforce from time to time, reasonable rules and regulations for vehicular traffic, and to maintain. install and construct medians, landscaping, utilities, signage, buffer walls and other improvements within the Easement Property. 2. INGRESS/EGRESS EASEMENT FOR CARILLON. Declarant hereby imposes upon the Easement Property for the benefit of the present and future owners of all or any portion of the Residential Property, a perpetual non-exclusive vehicular ingress/egress easement ("Carillon Easement") over and across the Easement Property, for the purpose of vehicular ingress and egress to and from Pine Ridge Road. The creation and grant of the Easement is not intend~ to mad shall not be construed as creating any rights in or.for the benefit of the general public, and shall be subject to the righl of the owner of the Easement Property ~o impose and enforce from time to time, reasonable rules and regulations for vehicular traffic, and to maintain, install and construct medians, landscaping, utilities, signage, buffer walls and other improvements within the Easement Property. 3. ENFORCEMENT. In the event that any party defaults under the terms, provisions or obligations of this Ag~'eement, the non-defaulting party shall have all rights and remedies available at law or in equity for the redre,s of such default, including, but not limited to: (i) an action for damages; (ii) an action for temporary and/or permanent injunction; (iii) an action for specific performance of the terms, conditions and obligations of this Agreement; or (iv) any combination of the foregoing. In the event any action is brought to enforce the terms, conditions and obligations of this Agreement, the prevailing party in any such action shall be entit!ed to the recovery -of costs and disbursements of such action, as well as reasonable attorney's fees incurred in and about such action, at trial on all appellate [evel.q. M1AMI/LA~O¥S/~ 1642621..y, cmOl!.130C/llf14100JOOc)01150~35 2 SEP 1-2 200 4. COVENANT RUNNING WITH THE LAND. This Agreement shall be a covenant rutming with the !and and shall be binding upon and inure to the benefit of, as appropriate, the owners from time to time of ever)' portion of Lhe Residential Property, the Carillon Property and the Easement Property, their heirs, legal representatives, successors and assigns. Notwithstanding the foregoing, this Agreement may be abrogated, modified, terminated, rescinded or amended in whole or in part by an instrument executed by the then owners of all portions of the Residential Property, C~illon Property and Easement Property, joined by their respective mortgagees (if such modification, termination, rescission or amendment would adversely affect the property encumbered thereby); and the joinder of any tenants, guests, licensees or invitecs of any such owner (or anyone else) shall specifically not be requi~ed in cormection with an>' of the foregoing. In the event of the creation of a homeowners or similar association ("Residential Association") for the Residential Property, the Residential Association shall have the right to modify, terminate, rescind or amend this Easement on behalf of the Residential Property. 5. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event any term or provision of this Agreemerit be determined by appropriate judicial authority to be illegal or other'wise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authorip,' determines, and the remainder of this Agreernent shall be consrated to be in Full force and effect. In no event shall this Agreement be interpreted ~ a conveyance of any fee simple rights to the Easement Property' or as creating or dedicating any righTs in or to the public. Waiver of rely one of the covenants, conditions or agreemen, rs containted herein by any person or entity having a right to enforce the same shaJ1 not be deemed to be a wai~er of any of the other covenants or agreements contained herein. Further, the failure of any party. having the right to enforce this Agrcemcn?. ~o enforce the same in any instance shall not be deemed a fut[~re waiver of such rights. MJAMI/L^NDY$/116~,262/._.w:m01 t 13,OC'/~14/00.,'99901 15083.~ 3 AC_~DA ITEId SEP 2 2000 ~dS 1d, 0¢2 i6:I~ STEUEIq LAIqDY GPEEIqBERG TRAUR~G ~ 15FJ65%4*0100138912023 IqO.093 PO% ISIGNATURE PAGE TO DECLARATION AND GRANT OF EASEMENTI IN WIINESS WHEREOF, Declarant has caused this Agreement to be made and executed as of the day and year first above written. Signed, sealed and delivered in the presence of: Print or Type Name MARIAN H. GEKAC~E, as Trustee under unrecorded Trust Agreement Print or Type Name DISTRICT OF COLUMBIA ) The foregoing instrument was acknowledged before me thisd'/_~_/day of August. 2000, by Marian H. Gera~, as Trustee under unrecorded Trust Agreemen~--Sh¢-~g~nally knoxm to me or produced )~'~¥ ~ c.(,..~t..,~ identification./..- ' -'~ / INOTARIAL SEAL} Print Name: . N6t'ary_Pub 'h~District of Columbia My Coinmission Expires: Conumission Number: . : ',~ '?Ll! I'~ i ~',' Cr'P'mlc'zt"t~ r .... .i[Uh' t4, 20112 MIAMI/L~NDYS/I ~ t~26L~_.ycm01! DOC/8/14100/gggoI,15OR3_q 4 A~.NOA IT~4 EXHIBIT "A" LEGAL DESCRIPTION THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COLLNTY, FLORIDA: A PARCEL OF LAND LYING WITHIN SECTION 13, TOWNSHIP 49 SOUTH, I~NGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTFI~"EST CORNER OF THE PLAT OF CARILLON (PLAT BOOK 21, PAGE 59 - 61): THENCE N 88°$0'18" E, ALONG SAID PLAT A DISTANCE OF 710.00 FEET; THENCE N 01 °00'37" W, ALONG SAID PLAT A DISTANCE OF 373 80 FEET: THENCE S 89°52'59" E, ALONG SAID PLAT AND THE EXTENSION THEREOF A DISTANCE OF 571.37 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF KENSINGTON PARK PHASE ONE (PLAT BOOK 21, PAGE 62-67), THENCE S 01 °00'37" E, ALONG SAID ~VESTERLY LINE AND THE EXTENSION THEREOF A DISTANCE OF 1879 22 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF TIMBERWOOD (UN-PLATTED): THENCE N 89°31'00" VQ ALONG SAID NORTHERLY LINE A DIST.-ZNCE OF 1277.77 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF AIRPORT PULLING ROAD; THENCE N 01 °09'42" W. ALONG SAID EASTERLY LINE A DISTANCE OF 1481 54 FEET, TO THE POINT OF BEGINNING OONTAINING 48.866 ACRES OF LAND. MO1KE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT "B" LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 13, TOWqNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF CARILLON (PLAT BOOK 21, PAGE 59 - 61); THENCE S 89°52'59" E, ALONG THE SOUTHERLY KIGHT-OF-WAY LINE OF PINE KIDGE ROPd~) A DISTANCE OF 80.02 FEET TO THE NORTI-I~VEST COFLNER OF KENSINGTON PARK PHASE ONE (PLAT BOOK 21. PAGE 62-67); THENCE S 01°00'37" E, ALONG THE WESTERLY LINE OF SAID KENSINGTON A DISTANCE OF 1320 26 FEET; TitENCE 89°52'59" W. A DISTANCE OF 6002 FEET TO A SOUTHEAST CORNER OF SAID CARILLON PLAT: THENCE ALONG THE EASTERLY LINE OF SAID CARILLON THE FOLLOWING THREE COURSES (1) N 01'~00'37" \V. A DISTANCE OF 1020 26 FEET: (2) N 12: 16'30" W, A DISTANCE OF 10237 FEET, (3) N 01 °00'37" W, A DISTANCE OF 20000 FEET, IO THE POINT OF BEGINNING. CONTAINING 1..~3 ACRES OF LAND. MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD m ITEM SEP 72 2000 EXHIBIT "C" LEGAL DESCRIPTION ALL OF TRACT "A" OF THE PLAT OF CARILLON AS RECORDED IN PLAT BOOK 21, PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 11.01 ACRES, MORE OR LESS. s~ I-f~ooo ORDINANCE NO. 2000- AN ORDINANCE .~MEN'DING ORDINANCE NL.rM~ER 91-102 TI'FE COLLIER COL~TY LAND DE'~"ELOP]ViEN'I CODE Wt-DCH INCLUDES T'HE COMPKEHEN SI%T. ZONING P,.EGULATiONS FOR THE U,~TNCORPOI:LATED AREA OF COLLIER CObYNTY, FLORIDA BY AMENT)ING TI-~= OFFICL~L ZONING ATLAS MAPS N'I.~fBEKED 9513N ANT) 9513S; BY CFLA. NG[NG ~ ZONTNG ~LASSIF1CATION OF THE HEREIN DESCRIBED REAL PROPERTY FR. OM 'A" RURAL AGR.ICUt.'II.FR.AL TO "PUD" PLANVNED UNIT DEVELOPMENT KNOWN AS MEA.DOWBROOK PUD LOCATED ON THE EAST SliDE OF AIRPORT-PULLING ROAD (C.R. 31) APPROXIMATELY ONE-I-LA. LF Nfl'LE SOL'TH OF PINE RIDGE ROAD (C.R_ B96), IN SECTION I3, TOWNSI-.D~ 49 SOUTH, RANGE 25 EAST, COLI .ITR COUNTY, FLOR.DDA, CONSISTING OF 45.g7= ACRES; AND BY PROVIDING AN EFFEC'T'~"E DATE. WHEREAS, Karen Bishop of PMS., inc. of Naples, representing Royal Palm Builder~ L Inc., perihoned the Board of Cotmr?.' Corm'mssioner~ Io change the zoning classification of the herein described real properr)'. NOW, THEREFORE BE IT ORDAINED by the Board of Counb, Comsmssioners of Collier Counb', Florida, that: SECTION' The zoning c!assificanon of the herein descrfoed real properr)., located m Secnon 13, Townsl:ip 49 South. Range 25 East Collier CourtU, Florida, is changed from "A" RmI A~cultxn-al to "PUD" Pla.r. neci Development m accordance with the Meadowbrook PbqD Documen~ ar~.ached hereto as Exhibil "A" and incorporated by reference her=to. The Offtcial ZoDmg Atlas Maps numbered 9513N and 951.~S, ,ck,'tance N'm"nber 9i-102, the Colher Count5.' L~d Developmen: Code, are hereb? amended accordmgl'., SECTION T'WO: T'rns Ordinance shall be:am: effectwe upoz f£1mg w~th the Department o£ PASSED ANT) DL'LY ,OOPTED b5 ~,= Board of Court%' Com.,'mssloners of Collier Court%', __ day of 2000. BOA~RD 0P COLL%q'T COMMISSIONERS COLLIER COLLNq%', FLORIDA ATTEST: DWIGHT E. BROCK. CLERK TIMOT'r~' J.CONSTANTTN'E, CHAI]~M.,~N Approved as to Form an.d l.~gal Sufiici=ncy Marjori~]M. Stuctent A~sistalq, t CounD' Attorney g, ~dmm~?LT)-2000- 107._B tm -1- Meadowbrook A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVEILNTNG A PLAN~'ED L.~IT DEVELOPMENT PLrRSUANT TO PRO\?ISIONS OF THE COLLIER COL.WTY LAND DEVELOPMENT CODE Prepared For: Royal Palm Builders I. Inc. 5811 Pelican Bay Blvd., Suite 208 Naples, Florida 34108 Prepared By: PMS. Inc. of Naples N. Tamiami Trail. Suite 408 Naples. Florida 341 (13 DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL: DOCUMENT DATE: 07/25/00 EXHIBIT "A" SEP 1 2 2000 TABLE OF CONTENTS SECTION TABLE OF CONTENTS & LIST OF EXHIBITS STATEMENT OF COMPLIANCE II III VI PROPERTY OV~'~ERSHIP & DESCRIPTION PROJECT DEVELOPMENT TICACT R: RESIDENTIAL DEVELOPMENT REGULATIONS AMENITY AREA TRACT: DEVELOPMENT REGULATIONS ' DEVELOPMENT COMMITMENTS PAGE 1 3 5 11 15 17 LIST OF EXHIBITS "ATTACHMENTS EXHIBIT A PUD Master Plan SEP 1 22000 ~.~ _ STATEMENT OF COMPLIANCE The development of approximately 48.87--' acres of propert).' in Collier County. as a Planned Umt Development to be known as Meadowbrook will be ~n compliance with the goals. objectives and policies of Collier Count)' as set forth in the Comprehensive Plan. The residential facilities of Meadowbrook will be consistent with applicable comprehensive planning objectives of each of the elements of the Groxx~th Management Plan for the following reasons: The subject property's location in relation to existing or proposed community facilities and sen'ices permits the development's residential densit)' as described in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Compatibilil5' with adjacent land uses is enhanced through the internal arrangement of structures, the placement of land use buffers. and the proposed development standards contained herein. Improvements are planned to be in compliance with applicable sections of the Collier Count)' Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result ~n an efficient and economical extension of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The subject propenj,' is within the Urban Residential Mixed Use District and the Residential Densitx Band around the Pine Ridge Road - Airport-Pulling Road Activit'c Center. on the Future Land Use Map. The proposed densitx' for the project ~s 6 units per acre. which ~ in comphance with the Future Land Use Elemenl of the Growth Management Plan based on the following relationships to required criteria: Base Densit)' Activiu' Center Densin' Band Roadway Access Traffic Contesnon Area ,1 dwelling umts per acre - 3 dwelling units per acre - 1 dwelling unit per acre - 1 dwellin~ unit per acre Maximum Permitted Densin' 7 d~'elling units per acre In summaD', the subject propertj,, has an area of 48.87+ acres; therefore, the maximum number of units this development is eligible for is 342 units. The proposed development is for a maximum of 293 units. The project will have a maximum density of 6-units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities. of the Collier County Land Development Code. 7. The project will be served by a complete range of services,'utilities as approved by the County. The Meadowbrook PUD implements Policy 5.6 of the Future Land Use Element in that a - minimum of sixty (60) percent of the project will be open space. Page 2 of 26 1.1 1.2 1.3 SECTION 1 PROPERTY O~,~ERSHIP AND DESCRIPTION PURPOSE The purpose of this Section ~s to set forth the location and ox~,nership of the properis'. and to describe the existing conditions of the property proposed to be developed under the project name of Meadowbrook PUD. LEGAL DESCRIPTION The subject propenT being: THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COLrNTY, FLORIDA: A PARCEL OF LAND LYING WITHIN SECTION 13, TOW-NSHIP 49 SOUTH, KANGE 25 EAST. COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINKING AT THE SOUTHWEST CORNER OF THE PLAT OF CARILLON (PLAT BOOK 21, PAGE 59 - 61): THENCE N 88 50'18" E, ALONG SAID PLATA DISTANCE OF 710.00 FEET: THENCE N 01 00'37" W. ALONG SAID PLAT A DISTANCE OF 373.80 FEET: THENCE S 89 52'59" E, ALONG SAID PLAT AND THE EXTENSION THEREOF A DISTANCE OF 571.37 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF KENSINGTON PARK PHASE ONE (PLAT BOOK 21. PAGE 62-67): THENCE S 01 00'37" E, ALONG SAID WESTERLY LINE AND THE 'EXTENSION THEREOF A DISTANCE OF 1879.22 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF TIMBERWOOD tL~-PLATFED): THENCE N 89 31'09" W, ALONG SAID NORTHERLY LINT A DISTANCE OF 12'7.77' FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF AIRPORT PULLING ROAD: THENCE N.01 09'42" W, ALONG SAID EASTERLY LINE A DISTANCE OF 1481.54 FEET. TO THE POINT OF BEGINNING. CONTAINING 48.866 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS ANT) RESTRICTIONS OF RECORD. PROPERTY OWNERSHIP The subject propert)' is currently under the ownership or control of Royal Palm Builders I, Inc., hereinafter called "Applicant or Developer". Ill 1.4 GENERAl DESCRIPTION OF PROPERTY AREA A. The zoning classification of the subject properU' prior to the date of this approved PUD Document was "A" - Rural A~iculture. 1.5 1.6 1.7 The 48.87± acre project site is located within Section 13, Township 498, Range 25E, and Collier Count'. The parcel is approximately 48.87:= acres in size and is located east of Airport-Pulling Road and approximately one-half mile south of Pine Ridge Road. The Airport Road Canal, with a right-of-way width of 100 feet, is located between the Airport- Pulling Road right-of-way and the subject property,. The site is also directly north of the Timbem'ood residential community, and is west of and abuts the World Tennis Center and Kensington residential communities. The primarT development objective is a maximum of 293 residential dwellings within a unified residential community. Maximum goss project density is 6 units per acre. PHYSICAL DESCRIPTION The subject propens.' is relatively level with elevations from 9.6' to 11.1' above mean sea level. The properU.' has been used for rob' crop agricultural uses now or in the immediate past. The site's txxo prominent contextual features are that it abuts the Airport Road Canal and abuts the Carillon Plaza Shopping Center. Natural drainage is to the southwest to the Airport Road Canal. Water management plans for the project are to utilize lake detention areas. The site has the foilowing designation relative ~o flood -FEMA Flood Area Zone X. Firm Map Pane! 385 of 1125 Coremunit,' Panel No. 120067 0385 D: Map Revised June 3, 1986. PROJECT DESCRIPTION Meadowbrook PUD 1s a planned development of residential acreage. which shall support development consisting of residential dwelhngs and associated recreational amenroes. Each residential unit will be served with centrally' provided potable water. sanitary sewer and electric power. Additional services will be provided as appropriate. Entrance to the development will be provided from Airport Road at the existing traffic light fronting the parcel. SHORT TITLE This Ordinance Ordinance." shall be known and cited as the "Meadowbrook Planned Unit Development. AGENDA ITEM: SEP 0 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Secnon is to delineate and generally describe the project's plan of development, relationships to applicable Counb' ordinances, as well as other project relationships, GENERAL Regulations for development of Meadowbrook shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier County. Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvemeres. Where the regulations of this PUD Document fail to provide developmental standards. then the provisions of the most simfiar district m the Count' Land Development Code shall apply. The definitions"terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Meadowbrook shall become pan of lhe regulations. which govern the manner in which the PUD site may be developed. Unless modified. waived or excepted by this PUD document or associated exhibits, the applicable provisions of other sections of the Land Development ('ode remain in full force and effect with respect to the developmere of the land which comprises this PUD. Development permitted by the approval of this petition' will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities. of the Collier Count3,' Land Development Code at the earliest or next to occur of either Site Development Plan approval. final plat approval, or building permit issuance for this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including the use of land for the acreage noted on Table I below, is iljustrated graphically by Exhibit "A", PUD Master Plan. TABLE I: MEADOWBROOK ESTIMATED LAND USE S[~IMARY TRACT LAND USE APPROXIMATE ACREAGE "R" RESIDENTIAL RECREATION/,LTNTRY CANAL FEATURE Total 46.97± 1.90-+- 48.87= AGENDA ITEM 2.4 2.5 2..6 2.7 Note A. Note B. Note The maximum number of residential units within the PUD: 293 units, approximately 6± units per acre. The number of units and intensitT of units per acre within specific residential tracts may' be varied provided the number within the entire PUD does not exceed 293 units. Location. size and number of tracts is conceptual and may be amended with the preliminary subdivision plat (PSP) application or site development plan (SDP) application. The Land Use Table above, a copy of which is shown on the PUD Master Plan (Exhibit "A") is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan. The Master Development Plan is an iljustrative preliminar;,.' development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final desigm may satisfy development objectives and be consistent with the project development. as set forth in this document. Modification to all boundaries may be permitted at the time of Prelimina~ Subdivision Plat or Site Development Plan approval. subject to the provisions of the Collier CounU' Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items sho~xnn in Exhibit "A". such easements and rights-of-way' shall be established within the project site as may be necessary or desirable for the service. function. or convenience of the project. DESCRIPTION OF PROJECT DENSITY No more than 293 residential dwelling units shall be constructed in the 48.87 +,- acre project area. If all dxvelling units are constructed, gross densib' will be 6 units per acre. DEVELOPMENT SCHEDULE The Applicant estimates completion of improvements to the properrs, should occur by JanuaD' 2005. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier Count3' Land Development Code, Section 2.7.3.5. RELATED PROJECT PLAfN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, an4/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier Count3' governmental agency to ensure compliance with the PUD Master Plan. and as aFplicable, the Collier C~,unt3' Subdivision Code and the platting laws of the State of Florida. ITEM 2000 2.8 Exhibit "A". PUD Master Plan, constitmes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat. if applicable. shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Divismn 3.2 of the Collier Countx~ Land Development Code. and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable. shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. All conditions imposed and all graphic material presented depicting restrictions for the development of Meadowbrook shall become part of the regulations which govern the manner in which the PUD site may be developed. MODEL HOMES AND SALES CENTERS Model homes. sale centers and other uses and structures related to the promotion and sale of real estate. such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents. and sigms. shall be permitted principal uses throughout Meadowbrook subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the Collier County Land Development Code. Model homes.'model centers including sales centers shall be pertained in conjunction with the promotion of the development subject to the following: Single Family Models may be constructed after administrative approval of preliminar5' plat and construction plans prior to recording of a plat. Models may be permitted as "dw models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be an occupied unit until a permanent certificate of occupancy is issued. C.L Models may not be utilized as "sales offices" vdthout approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. Temporary access and utility easements may be provided in lieu of dedicated rights- of-way for temporary, service to model homes. In addition to the use of model homes as sales offices or centers, a sales office or center may be maintained on-site for the sales, marketing and administration of recreation club memberships. SECTION IV RECREATION PARCEL DEVELOPMENT REGULATIONS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to identify' specific development standards for the "RECREATION PARCEL". USES PERMITTED No building or structure, or pan thereof, shall be erected. altered or used. or land used. in whole or in part. for other than the following: A. Principal Uses: Community and recreational uses and facilities such as swimming pools. tennis courts. children's playground areas. clubhouse and similar facilities that serx-e as an integral pan of a residential development. Such uses shall be compatible with the adjacent residences. which have the use of such facilities. .Any other use which is comparable in nature with the foregoing.uses and which the Development Sen'ices Director determines to be compatible. B. Accessory Uses: (1) Uses and structures that are accessory and incidental to uses permitted as of right. (2) Essential services, including ~nterim and permanent utility and maintenance facilities. (3) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. DEVELOPMENT STANDARDS A. Front yard setbacks shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 15. D. E. F. G. If the parcel is served by a non-platted private drive. the setback is measured from the back of curb or edge of pavement. If the parcel is served by a plaued private drive. the setback is measured from the road easement or properrs.' line. Setbacks 1. Front Yard: 2. Side Yard: 3. Rear Yard: Maximum Height: Minimum Lot Width: Minimum Lot Depth: Minimum Lot ~&rea: Minimum Distance Bem'een Structures: 25 feet 25 feet 25 feet Two (2) stories (not to exceed 35 feet). 10 feet 16. SE 22000 5.1 5.2 5.3 5.4 SECTION V DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in accordance with Site Development Plans. Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specificalls' noted or stated otherwise. the standards and specifications of the Land' Development Code. Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The Developer. its successors and assigns. shall be responsible for the commitments outlined in this document. The Developer. its successor or assignee. a~ee to follow the Master Plan and the regulations of the-PUD as adopted. and any other conditions or modifications as may be agreed to in the rezonmg of the propert>,'. In addition. any successor or assignee in title is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "A". PUD Master Plan. illusn-ates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application. subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessary easements, dedications. or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. MONITORING REPORT AND SUNSET PROVISIONS The Meadowbrook PUD shall be subject to the Time Limits, Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 17. 5.5 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION PRACTICE 5.6 5.7 REGULATIONS The Site Development Plan Division of the Collier Count' Land Development Code shall apply to Meadowbrook PUD, except for exemptions se~ forth herein or otherwise granted pursuant to Collier Count3' Land Development Code Section 3.3.3. SUBSTITUTIONS AND EXCEPTIONS TO SUBDIVISION REGULATIONS The following design substitutions shall apply: LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U.S,D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements are waived, LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right-of-way width shall be rift3' (50) feet. LDC Section 3.2.8.4.16.6: The 1,000-foo~ length for cul-de-sac streets shall be waived. The maximum length shall be 1,800 feet unless extended upon review and approval of the F~re District. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. LD(' Secnon 3.2.8.4.16.12.d: The requirement for asphalt courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. LDC Section 3.2.8.4.16.12.e: The reqmrements that grass be required for all non- paved areas of the right-of-way shall be waived to allow the installanon of decorative planters and alternative ground cover. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities in lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support the variance at the time of development plan submittal. TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the-following conditions: Arterial level lighting shall be provided at all project entrances. Installation shall be in place prior to issuance of any certificates of occupancy. The Developer shall provide a right turn lane at the existing traffic light on Airport Road and the Developer shall bear the pro rata cost of improvements to the existing traffic signal which shall serve the project for modification fi'om an existing "T" intersection to a full intersection, prior to the issuance of any certificates of occupancy. 18. SEP 1 5.8 5.9 Prior to construction plan approval. the Developer shall pay the Count3.' for the construct]on of the southbound lane built in 1993. The Transportation Engineering and Construction Management Department shall be contacted for determining the fee. ,amy access road extensions to the project constructed by the developer shall be to Collier Count' minimum construction standards. The existing sidewalk north of the site shall be extended all the way to the south propert3j line. This will be the Developer's responsibility,. The Developer shall provide a right turn lane to the ingress/egress easement provi&ng access to Pine Ridge Road prior to the ~ssuance of the certificate of occupancy for the development's 50th unit. This access shall be limited to a right in, right-out. The Developer shall provide an interconnecnon with the adjacent Carillon PUD if available. If no road access is available. a pedestrian path will be provided. Road Impact Fees shall be paid in accordance with Ordinance 92-22. as amended. and shall be paid at the time building permits are issued unless othersvise approved by the Board of Counw Commissioners. The improvements described within this Section are deemed site related and therefore are not eligible for impact fee credits. Gatehouse facilities. if an3'. shall be designed and located so as not to cause vehicles to be backed up onto any pubhc roadway. H. All roadways internal to the PUD shall be privately owned and maintained. Storrnwater management treatment lbr water qualib' and quantiD' shall be provided for both the existing southbound left turn lane and the new northbound turn lane for this site. SITE LIGHTING Lighting facilities shall be arranged in a manner that will protect roadways and neighborhood residential propen]es from direct glare or other interference. SIGNAGE All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval with the following exceptions: Project Identification Signs - Two ground, wall or gate project signs may be located at each project entrance to the development and one additional project identification sign may be located on Airport Road, all subject to the following requirements: Such signs shall contain only the name of the development. the insignia. or motto of the development, and shall not contain F.~omotional or sales,~*,'~ A~A ITEM $? 1 22000 P~. ~ 5.10 5.11 5.12 5.13 Project identificahon signs shall not exceed sixb' (60) square feet. excluding mounting surfaces or structures. Where signage is affixed to or is in an integral part of a wall or fence. the face of the s~gn may protrude above the upper edge of the wall or fence, but remains subject to height restrictions. No project identification signs shall exceed the height of ten (10) feet above the finished grade level of the nearest street. Project identification signs may be lighted, provided all lights are shielded in a manner, which prevents direct glare on adjacent roadways and residences. ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the Land Development Code. if, during the course of site clearing. excavation or other construcnon activity an historic or archaeological artifact is found. all development within the minimum area necessarj,, to protect the discover3., shall be immediately stopped and the Collier CounD' Code Enforcement Department contacted. ENVIRON~,IENTAL An exotic vegetation removal. monitoring, and maintenance (exotic free) plan for the site shall be submined to Current Planning Environmental Staff for review and approval prior to final site plan construction approval. .An appropriate pomon of native vegetation shall be retained on site as required in section 3.9.5.5.3 of the Collier CounU' Land Development Code. WATER MANAGEMENT i ENGINEERING A cop)' of the approved South Florida Water Management District (SFX,~,qViD) Surface Water Permit shall be submitted prior to any Site Development Plan approval. Prior to Construction Plan approval, a South Florida Water Management District (SFWMD) right-of-way and discharge permit shall be submitted. UTILITIES Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier Count3' Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered customers of the County, and will be billed by the County in accordance with the County's established rates. 20. 2. 2000 5.14 TemporaD' construction and ,/or sales trailers may use septic tanks or holding tanks for waste disposal. sub.~ect to permitting under Rule 10D-6 of the Florida Admimstrat~ve Code. and may use potable or irrigation wells. The on-site distribution system serving the project must be connected to the Collier Count3' Water-Sewer District's water main available and adjacent to the project boundaries. Said system shall be consistent with the main sizing and any other requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities, dead-end mains shall be minimized by 1ooping the internal pipeline network, where feasible. POLLING PLACES Pursuant to Section 2.6.30. of the Land Development Code. provision shall be made for the future use of space within a common building for the purpose of accommodating the function an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier Count),,. which shall be binding upon any and all successors m interest that acquire ownership of such common areas including. but not limited to. condominium associations, homeowner associations, or community recreationspublic buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the SuperTisor of Elections. 21, AGEI~DA ITEM SEP 1 22000 ~ o ~ g., o ~ o o~ o ~ 0 o ITEM EXECUTIVE SUMMARY APPROVAL OF A RESOLUTIONAPPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution that approves the assessment roll that establishes and sets the FY 00/01 rates for curbside residential trash collection for the unincorporated area and the City of Marco Island. CONSIDERATION: On December 19, 1995 the Board of County Commissioners approved an ordinance amending Collier County Ordinance 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment roll (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statues, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. FISCAL IMPACT: The assessment was $109.70 last year and is $115.20 this year per equivalent residential unit, a total of $7,549,900 is expected to be received in the Solid Waste Mandatory Fund for District 1. This increase is due to the increase in the generation rate of garbage disposed, coupled with an increase in the disposal rate. There has also been two additional dollars added per unit to District 1 for cart replacement and driveway repairs. GROWTH MANAGEMENT IMPACT: There is no growth management impact. I RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County Ordinance 90-30, as amended. SUBMITTED BY: //L..~.-~ g--/',,,/'"'"'--~-- Te.~'~a A. Riesen, Solid Waste Collection and Revenue Manager DATE: REVIEWED BY: APPROVED BY: George Yilmaz, Ph.D., P.E., P.H., R.E.P., Interim Director, Solid Waste Management Department Edward N. Finn, Interim Administrator Public Utilities Division DATE: DATE: 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. 2000 - a RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Flodda, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Flodda Statutes, requires that a public headng be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Flodda, commencing at 9:00 a.m. on September' 12, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 ~ The Board, having met to receive and consider the 2 wdtten objections of the property owners and other interested persons appearing 3 before the Board as to the propriety and advisability of confirming and adopting 4 the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary 5 Assessment Roll, as to the amounts shown thereon to be assessed against the 6 lots and parcels of land to be benefited and as to the equalization of such ? assessments on a basis of justice and right, does hereby confirm such s preliminary assessment roll which excludes certain residential units that are 9 included in a homeowner's association or property owner's association that pays 10 the commercial fee for solid waste collection and disposal services for all such ]] units. Further, the Board adopts the preliminary assessment roll and makes it 12 final as the Solid Waste Distdct No. 1 Municipal Service Benefit Unit final ~3 assessment roll (non-ad valorem assessment roll) for the purpose of using the 14 uniform method of collection. ]5 The total special assessments for the solid waste collection and disposal 16 services for Solid Waste District No. I Municipal Service Benefit Unit for FY ]? 200/01 is $115.20 per Residential Unit and in subsequent years Shall not exceed 18 $130.00 per Residential Unit. The total assessments against the benefited 19 properties are desci'ibed and set forth in the preliminary assessment roll (non-ad 20 valorem assessment roll) on file with Clerk to the Board, Minutes and Records 2] and incorporated herein as Exhibit A. The Board hereby confirms the special 22 assessments (non-ad valorem assessments) and the final assessment roll (non- 23 ad valorem assessment roll) which is on file with Clerk to the Board Minutes and 24 Records, and subsequent years shall be on file with the Clerk to the Board, 25 Minutes and Records by September 1 ~ of each subsequent year. ~.6 ~gE~LLO]~ Such assessments are hereby found and determined to ~-7 be levied in direct proportion to the special and positive benef'P,s to be received 2s by the prop~;rties listed in the preliminary assessment roll (non-ad valorem 29 assessment roll) on file with Clerk to the Board, Minutes and Records and are 30 located within the Solid Waste District No. 1 Municipal Service Benefit Unit which 31 is more particulaHy described as follows: LEGAL FOR DISTRICT ONE. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 aO 41 42 43 45 46 47 48 Beginning at the intersection of the North hne of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south hne of Sections 4, 3, 2 and 1 of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence north along the east hne of Section 1, Township 48 South, Range 27 East; thence north along the east line of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South, Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East; thence south along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 49 South, Range 28 East to the southeast corner of Section 34; thence easterly along the south hne of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence east along the south hne of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (I-75); thence continuing easterly along the eenterhne of Alligator Alley (I-75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section hne of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 31 East to the Collier-Monroe county line; thence westerly along the said county hne to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90- 30, as amended. SECTION THREE. Upon adoption of this Resolution all the special 49 assessments (non-ad valorem assessments) and all special assessments in 5o sub'sequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to 52 Section 197.3632, Flodda Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem 54 taxes shall be billed. 3 ] ~j~ The assessments shall be final and conclusive as to 2 each lot or parcel assessed and any objections against the making of any 3 assessable improvements not so made shall be considered as waived, and if any 4 objection shall be made and overruled or shall not be sustained, the adoption of 5 this Resolution approving the final assessments shall be at the final adjudication 6 of the issues presented unless proper steps shall be taken in a court of ? competent jurisdiction to secure relief within twenty (20) days from the adoption 8 of this Resolution. 9 ~ All assessments shall constitute a lien upon the property l0 so assessed from the date of confirmation of this Resolution of the same nature ]] and to the same extent as the lien for general county taxes falling due in the 12 same year or years in which such assessments fall due, and any assessment not 13 paid when due shall be collected pursuant to Chapter 197, Flodda Statutes, in ]4 the same manner as property taxes are collected. ~s ~ The Clerk is hereby directed to record this Resolution, not ]6 including the attached Exhibit "A", in the Official Records of Collier County. A ~? recorded copy of this Resolution and the attached Exhibit "A" shall be maintained is on file in the office of the Clerk to the Board, Minutes and Records. 19 SECTION SEVEN, This Resolution shall become effective immediately 20 upon its passage. 2~ This Resolution adopted this __ day of ,2000, after motion, ~.2 second and majority vote. 23 24 27 BY: 28 29 3O 31 32 33 34 35 36 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal David C. W~igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN 4 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution that approves the assessment roll that establishes and sets the FY 00/01 rates for curbside residential trash collection for the Immokalee area. CONSIDERATION: On December 19, 1995 the Board of County Commissioners approved an ordinance amending Collier County Ordinance 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment roll (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant .to Section 197.3632, Florida Statues, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. FISCAL IMPACT: The assessment was $112.26 last year and is $115.76 this year per equivalent residential unit, a total of $433,500 is expected to be received in the Solid Waste Mandatory Fund for District 2. This increase is due to the increase in the generation rate of garbage disposed, coupled with an increase in the disposal rate. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll 'and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes,. for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain reside0ffal properties within the unincorporated area of Collier County Ordinan/~-30, as amended~ SUBMITTED BY: Te:resa A. Riesen, Solid Waste Collection and Revenue Manager DATE: REVIEWED BY: ~ ,~ ' ~ George Yilmaz, Ph.D., P.E., P.H., R..E.P., Interim Director, Solid Waste Management Department APPROVED ,.,,/- ~,? / :' Edw:~rd N..'Firf'n, Interim Administrator Public Utilities Division DATE: DATE: . "~- RESOLUTION NO. 2000 - 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED 12 13 14 15 16 17 18 WHEREAS, the Board of County Commissioners of Collier County, t9 Flodda, (hereinafter referred to as COUNTY), adopted Collier County Ordinance 20 No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the 2t unincorporated area of Collier County for the purpose of providing and regulating 22 Solid Waste Collection and Disposal Services; and 2~ WHEREAS, the County intends to finance the Solid Waste Collection and 24 Disposal Services through the levy of special assessments (non-ad valorem 25 assessments) against residential units as defined in Collier County Ordinance 26 No. 90-30, as amended, that are benefited by the solid waste collection and 27 disposal services. Said properties are located within the boundaries of Solid 28 Waste Distdct No. 2 Municipal Service Benefit Unit as described herein and in 29 Collier County Ordinance No. 90-30, as amended; and 30 WHEREAS, Section 197.3632, Flodda Statutes, requires that a public 3t headng be held to adopt a non ad-valorem assessment roll for purposes of 32 utilizing the uniform method of collection, and 33 WHEREAS, said public hearing was duly advertised and regularly held at 34 the Board of County Commissioners' Boardroom, Third Floor, Administration 35 Building, 3301 East Tamiami Trail, Naples, Flodda, commencing at 9:00 a.m. on 36 September 12, 2000. 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste Distdct No. 2 Municipal Service Benef~ Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and dght, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board ad.opts the preliminary assessment roll and makes it final as the Solid Waste Distdct No. 2 Municipal Service Benefit Unit final assessment roll (nomad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 2000/01 is $115.76 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit "A". The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on f'~le with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. ~LT~J~L(~ Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the solid Waste District No. 2 Municipal Service Benefit Unit which 3 is more particularly described as follows: LEGAL FOR DISTRICT TWO 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 Beginning at' the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the ColJier- Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier- Lee county Line also the range line to the northwest comer of Township 46 South, Range 28 East; thence east along the CoLlier- Hendry county Line also the township line for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the CollJer-Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 49 South, Range 30 East; thence west along the township Ene for Townships 49 and 50 South to the southwest corner to Section 34, Township 49 South, Range 28 East; thence north along the section lines to the northwest corner of Section 27, Township 47 South, Range 28 East; thence west along the section ]~nes to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence west along the sections lines to the southeast corner of Section 5, Township 48 South, Range 27 East; thence south along the section lines to the southeast corner of Section 20, Township 48 South, Range 27 East; thence west along the section lines to the southwest corner of Section 19, Township 48 South, Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. SECTION THREE, Upon adoption of this Resolution all the special 33 assessments (non-ad valorem assessments) and all special assessments in 34 subsequent years for Solid Waste Collection and Disposal Services within Solid 35 Waste Distdct No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the 37 collection of such non-ad valorem assessments on the same bill as ad valorem 38 taxes shall be billed. 39 The assessments shall be final and conclusive as to 40 each lot or parcel assessed and any objections against the making of any 41 assessable improvements not so made shall be considered as waived, and if any 42 objection shall be made and overruled or shall not be sustained, the adoption of 43 this Resolution approving the final assessments shall be at the final adjudication 44 of the issues presented unless proper steps shall be taken in a court of 3 competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. ~F_~TL[OJ:J~ All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Flodda Statutes, in the same manner as property taxes are collected. ~ The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file ip the office of the Clerk to the Board, Minutes and Records. ,~ECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this __ day of ,2000, after: motion, second and majodty vote. 17 18 ATTEST: DWIGHT E. BROCK, CLERK 20 2! 22 23 2.4 Approved as to form and legal 2-5 suff~ 2~-/David -C. Weigel ~/County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN 4 EXECUTIVE SUMMARY ADOPT AN ORDINANCE TO AMEND THE COLLIER COUNTY ROAD IMPACT FEE ORDINANCE BY CLARIFYING WHEN "USE OF LAND" ROAD IMPACT FEES, SUCH AS THOSE APPLICABLE TO GOLF COURSES, BECOME DUE AND PAYABLE; PROVIDING THAT WHEN ROAD IMPACT FEES BECOME DELINQUENT THAT PENALTY AND INTEREST PROVISIONS APPLY AS OF THE FIRST DATE OF DELINQUENCY; PROVIDING THAT SPECIFIED DEVELOPMENT ORDERS CAN BE WITHHELD IF ROAD IMPACT FEES ARE NOT PAID IN FULL WHEN DUE OBJECTIVE: To create an impact fee ordinance that is internally consistent and allows for fluent administration. CONSIDERATIONS: Staff requests that the Road Impact Fee Ordinance be amended to clarify the specific events that trigger the obligation to pay road impact fees ascribed to "use of land" road impact construction. Use of land road impact fees are ascribed to golf courses, parks, /~nd perhaps some other road impact construction, if any, that are neither buildings nor structures. The proposed Ordinance also authorizes staff to withhold Development Orders, including building permits, when a land owner has not paid impact fees due to the County in full when due. The proposed Ordinance also specifies that under no circumstances shall any uses be opened for business before all road impact fees ascribed thereto have been paid to the County in full. On April 11, 2000, the Clerk of the Circuit Court released a report of the findings of an internal audit regarding the County's calculation and assessment of alternative road impact fees for golf courses. In the wake this audit, Community Development and Environmental Services Division personnel reviewed the Ordinance and Guidelines to identify the root causes of problems identified in the audit. By this review, staffidentified deficiencies in the Road Impact Fee Ordinance. Provisions in the Ordinance for collection of road impact fees ascribed to golf courses and other "use of land" road impact construction - not buildings or structures - are ambiguous. The County's current Road Impact Fee Ordinance assumes, incorrectly, that all road impact construction commences subject to prior issuance of a conventional building permit. 'Golf courses and parks, being neither buildings nor structures, are not authorized by conventional building permits. Therefore, the current Ordinance is not inclusive with respect to "use of land". road impact construction. The proposed Ordinance specifies the events that trigger obligations to pay golf course and other "use of land" road impact fees. The proposed Ordinance also provides that interest and late payment penalties become due and payable to the County retroactively to the time when all future road impact fees become delinquent, and that development orders throughout the "unified . whole" of the respective development may be withheld by staff if road impact fees ascribed anywhere therein become delinquent. These withholding provisions only apply to development orders applied for by, or on behalf of, the landowner or the developer, and, therefore, no such withholding will injure any innocent third party. ,ao~f~),3 - SEP 1 000 FISCAL IMPACT: Staff cannot predict a specific increase in road impact fee revenue associated with these amendments, but adoption of the proposed Ordinance will result in a more reliable mechanism for collecting all future "use of land" road impact fees. GROWTH MANAGEMENT IMPACT: Prompt and complete collection of road impact fees is vital regarding funding of road right-of-way capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopts the amended Ordinance. PhilliaR. ':nd~ Coordinator Date: REVIEWED BY: Judy M~ter, Re'0~nue Manager REVIEWED BY: APPROVED BY: '~ Director Robert J. u ere, AICP, Pj~nnipg Services Department.? Vincent A. Cautero, AICP, Administrator, Community Development and Environmental Services Division Date: Date: 6 7 8 9 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92- 22, AS AMENDED, BY AMENDING SUBSECTION 2.02(A) TO CLARIFY WHEN ROAD IMPACT FEES ARE DUE AND PAYABLE FOR ROAD IMPACT CONSTRUCTION THAT IS NEITHER A BUILDING NOR A STRUCTURE; PROVIDING FOR RETROACTIVE APPLICATION OF LATE PAYMENT INTEREST AND PENALTIES TO THE DATE OF DELINQUENCY; AUTHORIZING WITHHOLDING OF SPECIFIED DEVELOPMENT ORDERS; PROVIDING A SPECIAL PROVISION FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 16, 1992, the Board of County Commissioners ("Board") adopted Ordinance No. 92-22, entitled the Road Impact Fee Ordinance; and WHEREAS, most provisions of Ordinance No. 92-22, as amended, are triggered by issuance of a "Building Permit" as defined in Section 1.01 therein; however, use of golf course acreage or use of park acreage constitutes Road Impact Construction that is neither a building nor a structure, but is "Use of Land Road Impact Construction" and is usually authorized by the County by some means other than issuance of a Building Permit; and WHEREAS, in instances where the obligation to pay road impact fees is not triggered concurrently by issuance of a Building Permit, the events that trigger the obligation to pay Use of Land Road Impact Fees are ambiguous in the current Road Impact Fee Ordinance; and WHEREAS, the Board desires to clarify which events trigger the obligation to pay Road Impact Fees ascribed to "Use of Land Road Impact Construction" - that is neither a building nor a structure; and WHEREAS, the Board also mandates that all Use of Land Road Impact Fees must be paid to the County not later than the first occurrence of any of the following: issuance of the first Building' Permit for the first building or structure accessory to Use of Land Road Impact Construction; issuance of a Building Permit for the first non-accessory building or non-accessory structure that is to 1~ a part of the Use of Land Road Impact Construction; or issuance of a parking facility Building Permit immediately prior to commencement of construction of the first parking facility planned to be used by the users of the associated Use of Land Road Impact Construction; and WHEREAS, the Board hereby requires that in no event shall any Road Impact Construction whatsoever be opened for use before all Road Impact Fees ascribed thereto have been paid to the County in full; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Board hereby mandates that if an3' Road Impact Fees ascribed to an5' Road Impact Construction whatsoever anywhere within the unified whole of development have not been paid to the Count3, in full when due, staff may withhold issuance of all then unissued development orders applied for by, or on behalf of, the landowner or the developer, until those overdue Road Impact Fees are paid to the County in full; and WHEREAS, Subsections B, C, and D of Section 2.02 are not being amended. NOW, THEREFORE, BE IT ORDA1NED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Subsection 2.02 (A) of Article I of Collier County Ordinance No. 92-22, as amended, is hereby further amended to read as follows: "A. Except as othe:'wiz~ prev~.e~ in '~';~ ~.~4; .....· ' any ................. Notwithstanding other provisions of this Ordinance or of any other Collier County Ordinance, all .the Road Impact Fees that are ascribed to Road Impact Fee Construction authorized by a Building Permit shall be paid prior to issuance of the respective Building Permit for am2 the respective Road Impact Fee Construction occurring within the unincorporated area or within the municipal boundaries of any then existing municipal corporation in Collier County. (1). In the event the Road Impact Construction is located within the unincorporated area of the County, the Road Impact Fee shall be paid to the County prior to issuance of the Building Permit by the County. (2). In the event ;.he Road Impact Construction is located within the boundaries of a municipality, the Road Impact Fee shall be paid to the municipality C-4t-y prior to issuance of the Building Permit by the r,:,., municipality. (3). "Use of Land" Road Impact Construction. With regard to all Road Impact Construction that is neither a building nor a structure, such as, but not necessarily limited to, golf course acreage or park acreage ("Use of Land Road Impact Construction"), all Road Impact Fees ascribed to such Use of Land Road Impact Fee Construction shall be paid to the County in full not later than the occurrence of any of the following events, whichever first occurs: (a). When the first Building Permit is issued to authorize construction of any building or stru~:ture accessory to the associated Use of La ,d Road Impact Construction; or 1 (b). When the first Building Permit is issued to authorize construction of the firsl 2 non-accessory building or non-accessory structure planned to be used by any pan of the associated 3 Use of Land Road Impact Construction; or 4 (c). Issuance of a Building Permit for the first parking facility to be used by the 5 associated Use of Land Road Impact Construction. The last in time authorization from staff that authorizes constriction of the parking facility is hereby deemed to be this Building Permit, which will usually be issued less than two weeks before commencement of construction of the parking facility 6 7 8 and will usually be issued to the contractor who will construct the parking facility. 9 (d). If initial construction of such first building or such first structure (including. 10 first parking facility) commences before issuance of formal authorization to construct any of same 11 as specified in subparagraph (a), (b), or (c), above, the obligation to pay the related Use of Land 12 Road Impact Fees shall have been triggered the day the first such unauthorized construction 13 commenced. "Commencing Construction" means the earliest of (i) excavating or (ii) contouring the 14 land under and immediately adiacent to the building or structure just prior to forming up any part of 15 the building or structure (including the first parking facility); therefore, excluding general excavation 16 and/or general contouring of land for the larger project. Commencing any such construction before. 17 having paid to the County when due all of the Use of Land Road Impact Fees ascribed to that related 18 Use of Land Road Impact Construction shall automatically render all such Use of Land Road Impact 19 Fees to be delinquent retroactively to the first day that those Road Impact Fees became due. 20 4.' No Road Impact Construction whatsoever shall be opened for use before all Road 21 Impact Fees ascribed thereto have been paid to the County in full. Opening any such building, · -22 structure, or Use of Land Road Impact Construction, for use before all Road Impact Fees ascribed 23 thereto have been paid to the County in full shall automatically render all such Road Impact Fees to 24 be delinquent, provided they were not otherwise already delinquent. 25 5. Withholding Development Orders. All Road Impact Fees not paid to the County 26 in full when due shall automatically be "delinquent" and shall automatically be subject to interest 27 and late payment penalties retroactively to the first date of the delinquency. When any Road Impact 28 Fees become delinquent anywhere throughout the unified whole of the respective development, staff 29 is authorized to withhold every then unissued Development Order(s) applied for by, or on behalf of, 30 the landowner or the developer, until all such delinquent Road Impact Fees have been paid to the AGEN~ I~. No. /.,~ / (~_1_5 SEP 1 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -25 26 27 28 29 3o 31 32 33 34 35 36 37 County in full. "Development Order" shall mean each item included in the definition of "Development Order" as then defined in Collier Count?s "Adequate Public Facilities Ordinance" and/or as then defined in Section 163.3614, Florida Statutes, (as may then be renumbered). In this context, phases in phased developments shall be disregarded." SECTION TWO: SPECIAL CONFLICT AND SEVERABILITY PROVISIONS. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, these amendments to subsection 2.02(A) of Ordinance No. 92-22, shall supemede to the extent of all such conflicts. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and !ndependent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIMOTHY .1. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Assistant County Attorney h./tcp/hennie/ordinances/2000/Road Impact Fees AGEN SEP 1 2000 EXECUTIVE SUMMARY ADOPT AN ORDIINANCE AMENDING ORDINANCE NO. 91-107 ALLOWING FOR ROADWAY LIGHTING IMPROVEMENTS WITHIN THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.), PROJECT NO. 68062 OBJECTIVE: To provide and maintain improved roadway-related drainage, roadway restoration, and roadway lighting improvements within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (M.S.T.U.). CONSIDERATION: The Board of County Commissioners, at their May 23, 2000 meeting [Item 16 (B) (15)], approved a request to prepare an amendment to Ordinance No. 91-107 providing for installation, maintenance, and operation of roadway lighting within the Forest Lakes Roadway and Drainage M.S.T.U. Ordinance No. 91-107 created the Forest Lakes Roadway and Drainage M.S.T.U., established its boundaries, purpose, and taxing authority, etc. This Ordinance describes the roadway and roadway related drainage improvements that can be made within the Forest Lakes Development. Ordinance No. 91-107 does not provide for roadway lighting improvements. The Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee supports several Staff recommended roadway and roadway related drainage maintenance improvements. Some of these improvements have recently been completed and some are in various stages of planning. The Advisory Committee recommends the installation of roadway lighting improvements within the M.S.T.U. near the intersection of Forest Lakes Boulevard and Pine Ridge Road. Three (3) streetlights are proposed for an estimated construction cost of $23,500. Currently lighting exists along Pine Ridge Road only. FISCAL IMPACT: Funds in the amount of $23,500 are budgeted the Forest Lakes Roadway and '-~ Drainage Fund ~n fiscal year 2001 budget. Source of funds ~s Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached ordinance to amend Ordinance No. 91-107 that provides for roadway lighting improvements within the Forest Lakes Roadway and Drainage M.S.T.U. Gerald N. Il~urtz//~ngine~A// Tra 9r t~r)~ing and Construction Management Department REVIEWED BY: Date: Edwar~J ~i~'~, P.E., Director Tr~.,sn~pj~ ~on ~perations Department APPROVED BY: Date: Norman !Feder, Administrator ,~, ..... 6 7 $ 9 10 11 12 13 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NO. 91-107, THE ORDINANCE THAT CREATED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT, PROVIDING FOR STREETLIGHTING IMPROVEMENTS WITHIN THE BOUNDARY OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners 'adopted Ordinance No. 91-107, the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit; providing for its boundaries, purpose and taxing authotrity; providing for its governing board and defining its powers and duties; providing for an advisory committee and defining its duties and responsibilities; providing for an itemized budget; providing for collection of taxes; providing for construction and severability; providing an effective date; a'nd WHEREAS, a need exists for providing adequate roadway lighting at the main entrance into the Forest Lakes Development where none currently exists and the Unit's advisory committee has repeatedly requested such improvements be made; and WHEREAS, on May 23, 2000, the Board of County Commissioners approved a request to prepare an amendment to Ordinance No. 91-107, the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, to include provisions for roadway lighting improvements within the boundary of the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit. NOW, THEREFORE, BE IT ORDAINEl) BY TI-IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: AMENDMENT TO SECTION ONE: FINDINGS OF COLLIER COUNTY ORDINANCE NO. 99-22. Section One is hereby amended to read as follows: SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created; Boundaries, Purpose, Taxing Authority. 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida described as follows: Corr~nencing at the Northwest corner of said Section 14, run S 00° 19' 00" W along the West line. of said Section 14 for 50.00 feo~; I;9 the POIN~F OF n~C, lS,r~,rlNG, said { '! ~ '. '- I AGENDA ITEM 1 2 3 4 5 6 7 8 9 !o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3,1 35 36 37 point being on the Southerly Right-of-.way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most comer of the Forest Lakes Homes recorded in Plat Book 12, Pages 4146 .;n the public records of Collier Count, Florida; thence run East, along said Right-of-way line for 1275.27 feet to a point on the Western Right-of-way of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North l/~ comer of Section 14; thence continuing along said Right-of-way N 89° 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the eastern Right-of-way of Woodshire Lane; thence leaving SR S-~96 and mn along the Eastern Right-of-way of Woodshire Lane and the East Line of the Northwest 1/4 of the Northeast 1/4 of said Section 14, S 00° 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing-~long said line, S 00° 04' 18" E for 512.50 feet to the Southeast corner of the Northwest .I/4 of the Northeast 1/4 of said Section 14: thence along the South line of the Northwest 1/4 of the Northeast 1/4 S 89° 48' 47" W for 512.50 feet to a point on the Sourshem Right-of-way of Woodshire Lane; tbence continuing along said line S 89° 48' 47" W for 811.38 feet to the North-South 1/2 line of said Section 14; thence along the Eastern Right-of-way of Woodshire Lane and the North-South 1/2 line S 00° 01' 2Y' E for 2,508.87 feet to a point; thence leaving said line S 89° 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most comer of Forest Lakes Homes as recorded in Plat Book 12, Pages 4146 in the public records of Collier County, Florida; thence S 89° 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 80° 08' 46.5" W to a point of tangency; thence S 70° 38' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 86° 39"35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 89° 39' 24" W' thence S 89° 38' 30" W for 64.95 feet to a point on the West line of Section 14, point being the Southwestern most corner of Forest Lakes Homes subdivision; thence N 02° 15' 35" W along said West line for 1,195.80 feet to the West 1/4 comer of Section 14; thence continuing along said West line N 00° 19' 00" E for 2,595.97 feet to the POINT OF BEGtiNNING. 2. The Unit hereby created and established is for the purpose of providing and maintaining 38 improved roadway lighting, roadway-related drainage and roadway restoration within the area of 39 that Unit and to that end shall possess all the powers to do all things reasonably necessary in 40 connection therewith. The initial improvements hereunder shall be within that area depicted on 41 Exhibit "A" attached hereto and shall include. 42 A. Complete restoration of roadway including: 43 1. existing road bed mixed in place. 4~ 2. Prime and cover 45 3. 2" of asphalt pavement surface course. 4. Installation of necessary drainage pipe. 47 B. Providing pump and force main for drawdown of lake surface and off-s(te discharge 48 to enable improved roadway drainage. 49 C. Maintenance of such improvements, as required. AGENDA~ITE, I~! ! Said Unit shall have the authority to levy ad valorem taxeg as prescribed by law not to 2 exceed one (I) mill in any one fiscal year. 3 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 4 The provisions of this Ordinance shall become and be made a part of the Code of Laws 5 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered o? 6 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," 7 or any other appropriate word. 8 SECTION THREE: CONFLICT AND SEVERABILITY s 9 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 10 applicable law, the more restrictive shall apply. ff any phrase or portion of the Ordinance is held 11 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 12 separate, distinct and independent provision and such holding shall not affect the validity of the 13 remaining portion. 14 SECTION FOUR: EFFECTIVE DATE 15 This Ordinance shall become effective upon filing with the Department of State. 16 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 17 County, Florida, this day of ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BY: BY: Approved as to form and legal sufficiency: David C. Weigel ~) County Attorney TIMOTHY J. CONSTANVITNE, CHAI]LM. AN SEP 1 2 ::. i pg. . q [ EXECUTIVE SUMMARY AN ORDINANCE AMENDING THE COLLIER COUNTY ETHICS ORDINANCE (NO. 99-22) TO ESTABLISH ADDITIONAL AND MORE STRINGENT GIFT PROHIBITIONS. OB..IECTIVE: Approval of an amendment to the Collier County Ethics Ordinance regarding gifts. CONSIDERATIONS: On August 1, 2000, the Board of County Commissioners ("Board") directed the Office of the County Attorney to amend the Collier County Ethics Ordinance to enact more stringent gift prohibitions. The Board mentioned that the County Attorney's Office should use as a model the City of Naples Ethics Ordinance. The proposed amendment regarding gift prohibitions tracks the gift prohibitions in the City of Naples Ordinance. It also modifies the existing limit of $50.00 on gifts from lobbyists in the County Etl~ics Ordinance and reduces said limit to $0. The provisions from the City Ordinance which have been adopted include: additions and exceptions to the definition of gift; additional prohibitions regarding gifts applicable to public officials; restrictions on gift giving between subordinates and superior public officials. The County Attorney's Office recommends that the Board pay particular attention to two provisions from the City's ethics ordinance. First, exception 4(b)(3) to the gift definition in Section Three creates potential significant difficulties for prosecutions of any violations of the ordinance. The Board needs to make a policy decision as to whether the difficulties in enforcement are outweighed by the value of the exception. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider approv .al of the attached proposed amendments to the Collier County Ethics Ordinance, Ordinance No. 99-22, regarding additional and more stringent gift prohibitions. PREPARED BY: Ramiro Mafialich Chief Assistant County Attorney APPROVED BY: ~~ David C. Weigel County Attorney H:/public/ddMexecutive summaries/2000/ethics ordinance amendment 1 Date: ~ '"d / "~ SEP 1 2 2000 pg. ~ 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 99-22, THE COLLIER COUNTY ETHICS ORDINANCE; REV1SING SECTION TWO FINDINGS IN REGARD TO LIMITS ON GIFTS FROM LOBBYISTS TO PUBLIC OFFICERS AND EMPLOYEES AND THE NEED FOR ADDITIONAL GIFT PROHIBITIONS FOR PUBLIC OFFICIALS; PROVIDING IN SECTION THREE FOR ADDITIONS AND EXCEPTIONS TO THE DEFINITION OF "GIFT" AS WELL AS OTHER DEFINITIONAL CHANGES; CHANGING THE LIMIT ON GIFTS FROM LOBBYISTS TO PUBLIC OFFICERS AND REPORTING INDIVIDUALS TO $0 FROM $50 AND CREATING ADDITIONAL GIFT PROHIBITIONS FOR PUBLIC OFFICIALS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part IIl, Florida Statutes, establishes a code of ethics and 22 provides standards of conduct for public officers and employees; and 23 WHEREAS, the Board desires to adopt a local ethics law that will complement the State 24 standards set forth in Chapter 112, Florida Statutes, as well as create more efficient local 25 enforcement and provide additional requirements that will serve to promote and protect the 26 punic's trust in their local government. 27 WHEREAS, the Board intends that the standards set forth in this ordinance shall be'more 28 stringent and in addition to those established in Chapter 112, Part Ill, Florida Statutes, as 29 authorized by Section 112.326, F.S. 30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 31 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 32 33 34 35 36 37 SECTION ONE: AMENDMENT TO SECTION TWO: FINDINGS OF COLLIER COUNTY ORDINANCE NO. 99-22. Section Two is hereby amended to read as follows: SECTION TWO: FINDINGS. 1) The report submitted to the Collier County Board of County Commissioners 38 ("Board') by the Ad Hoc Ethics Standards Review Committee ("Committee") 39 recommends the adoption of a local ethics code. 40 41 2) The Board finds Ihat the legislative intent and declaration of policie,; set forlh in Section 112.311, Florida Statutes, sels forth a laudable philosophy regarding the Words underlined are added; Words struck threug~ are deleted. A ENDA ITEM. sip 12 2O00 Pa. 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 3) 4) 5) 6) purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the Board also finds, based on the Committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county employment restrictions in order to promote and protect the public trust in its local government. Section 112.326, Florida Statutes, authorizes the Board to impose more stringent standards of conduct and disclosure requirements, beyond those specified in Chapter 112, Part IlI, Florida Statutes, upon its own officers and employees provided that said standards of conduct and disclosure requirements do not otherwise conflict with Chapter 112, Part HI, Florida Statutes. Section 125.69(1), Florida Statutes, provides, in pertinent part, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county .jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further finds that an efficient and effective method for the determination of allegations of violations of the additional more stringent ethical standards set forth in this Ordinance is through local enforcement thereof. Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. The Board further finds that said restrictions should apply only to those certain designated County employees who began their employment with County government subsequent to March 9, 1999. The Board finds that preservation of the integrity of the governmental decision- making process is essential to the continued functioning of an open government. Therefore, in order to preserve and maintain the integrity of the process and to better inform the citizens of efforts to influence legislative branch action, the Board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the Board or actions of any of the County's quasi-judicial boards. 2- Words underlined are added; Words gt.'",:zk thmug~ are deleted. AOE. NDA ITEM.. No. SEP 1 2 2000 pg. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 7) 8) 9) Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish a local registration process for lobbyists. The Board finds that such a registration process serves to promote and prolect governmental integrity as well as to foster open government. The Board further finds that such a public registration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section 112.3148, Florida Statutes. The Board finds that more stringent requirements are needed with regard to the value of gifts which may be provided by lobbyists to public officers and employees beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the Board finds that a zero gift limit of $50.90, rather than $100.00 as set forlh by Section 112.3148, Florida Statutes, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. The Board finds lhat additional gift prohibitions are necessary for public officials prohibiling the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attemptin,2 to affect Ire official actions. business or finances of the county or from anyone that has an interest Ira! may he substantially affected by the performance or nonperformance of duties of a public official. The Board further finds that prohibitions are necessary in remlrd to tfil'ts bet~,een official superiors and subordinate public officials in order to preserve the ethical integrily of the pelq'ormance of public service by County human resources, 10) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311 (Code of Ethics/Standards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist separate and independent from the provisions of this Ordinance and Part I11, Ch. 112, Florida Statutes. 11) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free exercise of any citizen's constitutional rights, including, but not limited to, the Words underlined are added; Words struck thraugh are deleted. AGENDA ~. NO. ~1.~ SEP I 2 2000 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,.~ ,,,) 23 24 25 26 27 28 29 3O 31 right to petition his or her County government or exercise his or her rights of free speech. SECTION TWO: AMENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 99-22. Section Three is hereby amended to read as follows: SECTION THREE: DEFINITIONS. 1. For the purposes of this Ordinance, the definitions contained in Chapter 112, Part Ill, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides otherwise. "Advisory Board Member" mcans any person appointed to any County board. commitlee or aulhorily bv the Board of Counlv Commissioners. "Count)' Managerial Employee" shall mean the County ^m-;~; ........ ~ , .,, ................... Mana.er, Assistant County ^'~--;~; .............o - .................... .Mana~e~, County Attorney, Chief Assistant County Attorney and all Division Administrators and Authority Directors of Collier County Government. "Gift" shall have the definition contained in Chapter 112, Part Ill, Florida Statutes, with the following addilions and exceptions: a) Additions: I ) Initiation fees. b) Exceplions: "Gift" shall not include: 1 t Salary, benefits, services. fees, commissions. gifts, or expenses associated solely with the doneo's employment, business, or service as an official or director of a corporation or organization. 2) Conlribulions or expenditures reporled pursuant to Chaplet 106, Florida Statutes, . campaio~n-related personal services provided without compensation by individuals volunteering their time, or any other conlribulion or expendifure by a political party. 3) Gifts received where friendship or family relationships (such as those between Ire parehiS, children, or spouse) clearly demonstrate that the 4- Words underlined are added; Words struck through are deleted. AGENDA ITEL '""" NO ..... la. SEe 122 8 9 10 11 12 13 14 .15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 4~ relationship. rather than lhc Husiness of Ihc perseres involved. are tile motivatino_ faclors. Food or bexerao-e accepted when (i) ofl'ered free in the course of a professional or civic meetinc or croup function at which allendance is desirable because it will assist tile persero in pcrfi~rmin.~ his or her official duties; or (it) provided to all panelists or speakers ,.,,,hen a person is participatin~ as a panelist or speaker in a program, seminar. or educational conference. 5. Unsolicited adve~lising or promotional material such as pens, pencils, holepads, calendars, and other items of nominal intrinsic value may be accepted, as well as iob-related literature. 6. Gifts ~iven l'or parlicipation in a pro,ram. seminar, or educational conference ',','hen such gifts are: a) Of nominal inlrinsic value, and b) In the naltH'e ol' a remembrance tradilional lo the particular sponsoring entit% or c) Provided to all p;u~.icipants in the pro,ram. 7. An award. plaque. certificale, or similar personalized item uiven in reco~onilion of the donee's public. civic. charitable. or professional service. 8. A rate t~r terms on a debt, loan, mlods. or services, which rate is tile customary rate and is eilher a ~overnment rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of tile public by virlue of occupation, affiliation, age, religion, sex, or nationhal origin. "Elected Officer" means any member of the Board of County Commissioners. "Lobbying"',shall mean influencing or attempting to influence legislative or quasi- judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County advisory board or a quasi judicial board. "Lobbyist" shall mean: - S- Words underlined are added; Words str'.'-:k thr.m:gh are deleted. NO SEP 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 i0. a) An,,, natural person who, for compensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement employee or his or her agency or seeks, or sought dunng the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procuremenl employee or his or her agency. A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. c) A person who registers with the Board as a lobbyist pursuant to Section Five of this Ordinance. "Nominal Intrinsic Vahme" means anvthinR with a value less than $50.00. "Principal" shall mean the person, firm, corporation, or other entity which has employed or retained a lobbyist. "Public Official" means any and all elected officers. advisory board members. cotmtv managerial employccs, anti the county altorncv (~ helhcr setvim2 as an employee/in-house counsel or as outside COLinset t. SECTION THREE: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 99-22. Section Four is hereby amended to read as follows: SECTION FOUR: PROHIBITED RECEIPT OF GIFTS BY INDIVIDUALS FILING FULL OR LIMITED PUBLIC DISCLOSURE OF FINANCIAL INTERESTS, AND BY PROCUREMENT EMPLOYEES; ADI)!TIONAI~ GIFT I)ROI !IBITIONS FOR !]'U B1 1) The following provisions regarding gifts from lobbyists are enacted as additional and more stnngent standards of conduct and disclosure requirements than those specified in Section 112.3148, Florida Statutes: -l-a) Words underlined are added; Words struck through are deleted. A reporting individual or procurement employee or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes, or from a AGENDA SEP ! 2 2000 I 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2) lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or pnncipal of a lobbyist:, if he or she kna':.'s ar reas.onab!y believes that the gift has a value. in excess .of $50.00; however, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. _2_b) A political committee or a committee of continuous existence, as defined in Section 106.011, Florida Stalutes; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer or pnncipal of a lobbyist; or another on behalf of the lobbyist or panner, firm, pnncipal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift that has a val'ae in excess zf $50.00 to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift having a value in excess of $50.00 to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organizalion. The followin_9. gift prohibitions for public offici:ds are enacted as additional and more strineent standards of conduct than those specified Section 112.3148, Florida Statutes: a) Public officials shall nol solicit or accepl, directly or indirectly. any fee, compensation, gift, gratuity, favor, food, entertainment, loan, or tiny other ', thing of monetary value. from anyone who the public official knows or reasonably should know: I) llas, o,' is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. 7- Words underlined are added; Words ......, tkra'agk are deleted. AGE iDA $E? 1 2 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 23 24 25 26 27 28 29 30 2} 3~ 4) Conducts or represents a persero or entiw that conducts operalions or actixilies thai are retaliated by the counly deparlmenl or board with which the public official is affiliated. ls seeking z,min2, pennitline. or inspection approval from the counl\' dep.'uln~enl or board with ~hich Ire public official is :fffilialed. Has inlerests thai may be subslantiallv affecled by lhe performance or non-performance of duties of the county public official. 5) Is in any way attemptinu to affect the official actions of the county public official. This paragraph is not intended Io lwohibil a puMic o/Ticial fi'om obtaininc a loan from a financial inslilution ill a rale and ter'ms available to all other b~ similarIx, situated members of the public bv virtue of occupation, affiliation. aue, religion. sex, or national eriein. A punic official shall not solicit a contribution from another person for a 2ifI to an official superior, make a donation as a uifi 1o an official superior, or accept a gift from a subordinate public official. However, this param'apr does not prohibit a voluntary ~ift of nominal value or donation in a nominal amount made on a special occasion such as marria~oe. bMh of a child, illness. or retirement. Nor does this param'aph prohibit public officials fi'om participating in fund-raisinu activities for charitable purposes. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCE. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is hel~ 8- Words underlined are added; Words struck t~reugh are deleted. AGENDA ITEM. SEP 12 2000 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 I invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 2 separate, distinct and independent provision and such holding shall not affect the validity of the 3 remaining portion. 4 SECTION SIX: EFFECTIVE DATE. 5 This Ordinance shall become effective upon filing with the Departmen! of State. 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 7 Count),, Florida, this __day of ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: R am'W'o Mafialich Chief Assistant County Attorney H:publicldebbiealordinanccs/2000Icthtcs ordinance amendmenl - 9- Words underlined are added; Words str'ack tkreugk are deleted. EXECUTIVE SUMMARY ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 97-17, THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE. OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No. 97-17, the Collier County Utilities Standards and Procedures Ordinance, to enhance and streamline procedures affecting development-related businesses in our community. CONSIDERATIONS: 1) In 1997, the Board of County Commissioners adopted Ordinance No. 97-17, the current Collier County Utilities Standards and Procedures Ordinance. The ordinance establishes certain development procedures, technical specifications, and legal documentation for the construction of privately-built water and wastewater facilities within the Collier County Water/Sewer District and other portions of the unincorporated area of Collier County. 2) The proposed revisions to Ordinance No. 97-17 represent a cooperative approach to assuring the County requirements reflect feedback received from the development and engineering business community on how to make the existing process better. The amendments address conveyance of legal documents, updates to standard design drawings, design parameters, and procedures for deviations. 3) Staff and the Utilities Code Sub-Committee of the Development Services Advisory Committee have jointly developed the proposed amendments to the Utilities Standards and Procedures Ordinance. The Utilities Code Sub-Committee includes representatives of local development, engineering, and construction businesses. Both the Utilities Code Sub-Committee, and the Development Services Advisory Committee, recommend adoption of the proposed Ordinance amendments. 4) The County Attorney's Office reviewed the proposed Ordinance amendments and found the amendments to be legally sufficient. The proposed Ordinance amendments have been publicly advertised for the proscribed period of time as required by Florida Statute. All other legal requirements have been met. GROWTH MANAGEMENT IMPACT: Adoption of the Amendments to the Collier County Utilities Standards and Procedures Ordinance will provide for continued compliance with the County's Growth Management Plan. Executive Summary Standards/Procedures Amends Page 2 FISCAL IMPACT: Adoption of the Amendments to the Collier County Utilities Standards and Procedures Ordinance will have no initial fiscal impact to the County. Through adherence to the provisions of this Ordinance, the current and future customers of the Collier County Water/Sewer District will realize savings through increased longevity and reduced maintenance and replacement costs. RECOMMENDATION: Staff recommends that the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water/Sewer District, the Marco Water and Sewer District and the Goodland Water District, adopt the amendments to Ordinance No. 97-17, which is known as the "Collier County Utilities Standards and Procedures Ordinance". Prepared By: /~/~~~~ j Date: ~ Mari~ Saylor, Int61~m Operations Director Reviewed By: ~r ~.J /"~----- --' Date: Karl W. Boyer, P.E" Int~rim Public Utilities Engineering Director Reviewed By: :/~'/' / ,~ / :fl'ward.N. Fin)~,, Int:di~ Utliity Administrator Date: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ORDINANCE NO. 00o AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97-17 AMENDING SECTION TEN, 'UTILTIES CONVEYANCE PROCEDURES' SUBPARAGRAPHS 10.1.1 AND 10.1.2 AND 10.4; AMENDING SECTION ELEVEN, 'TECHNICAL STANDARDS FOR WASTEWATER FACILITIES' SUBPARAGRAPHS 11.2 AND 11.4 AND 11.5 AND 11.7.2 AND 11.8 AND 11.9; AMENDING SECTION TWELVE, 'TECHNICAL STANDARDS FOR WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND NON-POTABLE IRRIGATION SYSTEMS' SUBPARAGRAPHS 12.7 AND 12.10 AND 12.11 AND 12.13 AND 12.16 AND 12.17 AND 12.17.1; AMENDING APPENDIX 'A', UTILITIES ACCEPTANCE DOCUMENTS; AMENDING APPENDIX 'C', COMBINING WASTEWATER, EFFLUENT, AND WATER SYSTEM DETAIL DRAWINGS; ADDING DEVIATION FORMS AS APPENDIX 'D'; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and Resolved as Ex-Officio the Governing Board of the Collier County Water-Sewer District. the Marco Water and Sewer District and the Goodland Water District, has determined that it is in the best interests of the publics health, safety, and welfare to amend Ordinance No. 97-17, to reflect changes in Florida laws and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND RESOLVED AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AND THE GOODLAND WATER DISTRICT, that: SECTION ONE: That Section Ten of Ordinance No. 97-17, as amended, is hereby amended to read as follows: UTILITIES CONVEYANCE PROCEDURES 10.1.1 Water Line Acceptance: The Board shall accept for ownership and operation potable water systems with pipes c ....six inches ~'~"~ (6") or greater in diameter, including the water meter and/or backflow device with the exception of internal potable water distribution (PWD) systems for such facilities as rental apartments, shopping centers, strip malls, high rise condominiums, recreational vehicle parks, mobile home parks or any other multi-family projects that cannot or do not provide the required CUEs paralleling a typical single family street cross-section or any other project that does not comply with or meet the intention of this Ordinance. 10.1.2 Gravity Sewer Line Acceptance. The Board shall accept for ownership and operation gravity wastewater collection systems with pipes eight inches (8") or greater in diameter with the exception of internal gravity wastewater collection systems for such facilities as rental apartments, shopping centers, strip malls, high rise condominiums, recreational vehic~ parks, mobile homes parks or any other multi-family projects with gravity wastewater collectic~ Words underlined are added; words .~.:c .... rz::g.. are deleted. ~ 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 39 40 41 4~ x systems that connot or do not provide the required CUES paralleling a typical single family street 2 cross-section. The gravity wastewater collection system shall lie within a CUE if it is to be 3 owned and operated by the Board. The minimum exceptable as-built slope shall not be more 4 than 10% below the allowable slope or 10% less than the design slope. See Section 17- s {3.140(a)2, Florida Administrative Code, for details. 6 10.4 Record Construction Drawings 7 The record construction drawings shall accurately depict the constructed configuration of s the water and wastewater facilities to be conveyed to the Board. All revisions to the approved 9 construction drawings shall be precisely identified and iljustrated on the record construction ~.0 drawings. The following items shall be accurately depicted on the record construction drawings: x~ a) Sewer system inverts, pipe slopes, manhole rim elevations and run lengths shall be shown x2 within the construction drawings. A ucgatk'z ' x ' '~°'glopo '~-':~';^- from design slopv. ig Administrative Cods, for rigtails. e-) b_l Sewer main stub extension inverts at both ends, pipe slope, run length and location. 6) c_.l Tie-ins and/or stationing location to all gate valves, air release assemblies, fire hydrants, manholes, blowoffs, etc. e-) d) Location and dimensional ties to lift station electrical services and transformer. SECTION TWO: That Section Eleven of Ordinance No. 97-17, as amended, is hereby amended to read as follows: TECHNICAL STANDARDS FOR WASTEWATER FACILITIES ! 1.2 Gravity Sewer Mains All gravity sewer mains constructed shall utilize pipe meeting the following specifications and shall be a minimum of 8-inch diameter. Hydranlic Design Requirements - All gravity sewers shali be designed to give mean velocities, when flowing full or half-full, of not less than 2.0 feet per second, based on Manning's foretold. The following are the minimum allowable design slopes which may be provided for each pipe size listed: Minimum Slope in Feet per 100 Feet: Sewer Size Slope Sewer Size Slope 8-inch 0.40 18-inch 0.12 10-inch 0.28 21-inch 0.21 12-inch 0.22 24-inch 0.08 15-inch 0.15 11.4 Bedding and Backfill All gravity sewer installations shall use Class A Bedding a: :,ho-::r. iv, Detail Bedding Classes A, B, or C, as described in ASTM C-12-74 ANSI (ANSI A106.3) or WPG_EF MOP No. 9 (ASCE MOP 37) shall be used for all rigid pipe provided the proper strength pip,~ Words underlin~ are added; wo*~ :~ack t?~cugh are deleted. 2 used with the specified bedding to support the design load. Bedding Classes I, II or III as described in ASTM D 2321 (ANSI K 65.171) shall be used for all flexible pipe provided the proper strength pipe is used with the specified bedding to support the design load. Backfill shall be of a suitable material removed from excavation except where other material is specified. Backfill material shall consist of earth, loam, sandy clay, sand, gravel, crushed limestone or other approved material free from debris, large clods or stones, organic material, or other materials which may be unsuitable. Backfill shall be placed in such a manner as not to disturb the alignment of the pipe as specified by the pipe manufacturer or AWWA, depending on the type of pipe and joints utilized. Backfill shall be deposited in 6" layers and carefully hand-tamped to a depth of 12" over the top of the pipe. The remainder of the backfill shall be deposited in 12" layers and thoroughly tamped when not under roads, drives or parking areas. Settling the backfill with water will be permitted e~ r~,.:~ ~ ~ ^ .... .~;.. t-, c~ ,.,~:~.~ ~.~.~: backfi!l atandards. Trenching within or across existing or proposed roadways shall be backfilled in 8" layers and compacted to their full depth. Compaction shall be 98% modified density in conformance with the latest revision of the Florida D.O.T. Standard Specifications for Road and Bridge Construction and the requirements of the County Public Works Division. The bottom of the trench shall be shaped and hand compacted to provide a firm bedding for the utility pipe barrel and bell end. The pipe shall be firmly bedded in undisturbed firm soil, or hand-shaped ttnyielding material such as coarse sand, crashed rock passing a one-quarter inch sieve, or crashed shell. Ire bedding shall be shaped so that the pipe will be in continuous contact therewith for its full length and shall provide a minimum bottom segment support for the pipe equal to a height of one-fourth the nominal diameter of the pipe above invert. Bedding shall be hand compacted prior to backfilling. Unsuitable Soil Conditions: Soil unsuitable for a proper pipe foundation encountered at or below trench grade, such as much of other deleterious material, shall be removed for the full width of the trench and to the depth required to reach suitable foundation material, unless special design considerations receive prior approval from the County. Extra Bedding Material: When rock or other non-cushioning material is encountered at trench grade, excavation shall be extended to 6 inches below the outside of the bottom of the pipe, and a cushion of sand or suitable crashed rock shall be provided· 11.5 Manholes Manholes shall be installed at the end of each sewer main, at all changes in grade, size, or horizontal aligmnent, at all main pipe intersections, and shall be spaced at distances not greater than 500 feet. For sanitary sewers of 15" diameter or less, the recommended maximum distance between manholes is 400 feet. For sanitary sewers with a diameter greater than 15", the recommended maximum distance between manholes is 450 feet. All ends of gravity collection main shall terminate in a precast manhole. Clean-outs shall not be pernfitted in lieu of terminal manholes under any circumstances. Manholes shall be of the precast concrete type, utilizing 4000-psi Type 2 cement, with a minimum wall thickness of 8 inches. See Details S-3 and S-4 in Appendix C for typical standards. Use of an alternate type of manhole must be approved by the Pttblic Works Division. Inlet and outlet pipes shall be joined to the manholes with a Words underlined are added; words g .'neck ~rea~,~. are deleted· · x flexible, Elastomeric boot-type watertight connection. Joints in all precast manhole riser sections 2 shall be sealed with Ram-Nek, Kent-Seal, or' other acceptable rubber or bituminous sealing 3 compound. Manhole steps will not be permitted. Only non-penetrating lift holes through precast 4 manholes will be permitted and will be required to be sealed with a non-shrink grout. Minimum 5 inside diameter of all manholes shall be 4'-0". A drop pipe shall be provided for a sewer 6 entering a manhole at an elevation of 24 inches or more above the manhole invert. Drop · ~ manholes shall be constructed with an outside drop connection using proper fittings. The entire 8 outside drop connection shall be encased in concrete. See Detail S-5 in Appendix C for typical 9 standards. In addition, a smooth channeled transition shall be provided between all inverts x0 within each manhole. All manhole exteriors shall be double coated (min:.mum x~ witIt an acceptable bituminous or epoxy sealer minimum 18 mi'[~ thick. A minimum design of ~2 0.10 feet of drop from inlet pipe to outlet pipe invert shall be provided through all manholes. ~] Due to the difficulties in gravity sewer construction, a 25% tolerance from design to as-built ~4 conditions on the drop across the manhole will be permissible. All manhel: interiors o__[ ~s manholes to be privately owned shall be coated t~:~: ....~ ~:" thick) with an acceptable xe bituminous or epoxy sealer minimum 36 mils thick (or field applied lET coating) or shall be x~ lined with a high density pclycthy!cnc polypropylene protective liner such as "Suregrip" HDPE x8 liner, manufactured by Agru, distributed by U.S. Precast Corp., or approved equivalent. All x9 interiors of manholes to be owned and maintained by the County shall be coated (minimum 60 ~o mils thick) with an acceptable field .applied IET coating or shall be lined with a high density ~';'~'~;'~ polypropyler~e protective liner .such as "Suregrip" HDPE liner, raanufactured by 22 Agra., distributed by U.S. Precast Corp., or approved equivalent. 23 11.7.2 Wet Well. The concrete structure shall consist of precast reinforced sections 24 conforming to ASTM C-76 and/or C-478, latest revision. Wall thickness shall be 8" minimum 25 for 8-foot diameter wet wells. Wall thickness for larger wet wells shall conform to ASTM 26 standard for wall thickness, but shall not be less than 8 inch in any case. The minimum inside 27 diameter for all wet wells which shall be owned and maintained 15y Collier County shall be 8 28 feet. As a deviation, a 6 foot diameter wet well can be utilized if the Engineer of Record can 29 demonstrate that the wet well is sufficient hydraulically and the developer can demonstrate that 3 o the lift station shall be used for the perpetual and exclusive use of that particular development. 3~ For lift stations which will not be owned and maintained by Collier County, the Engineer of 32 Record shall set the design specifications for the wet well. Base riser section shall be 3~ monolithically cast with the base slab. All concrete shall utilize Type 2 cement and have a 34 minimum compresslye strength of 4000 psi at 28 days. On new construction, if more than one 3s hole is abandoned and therefore required to be cemented in, a new wet well barrel section must 36 be provided. Reinforcing steel for all wet well structures should be sized by the unit 3 ? manufacturer and verified by the Engineer. All connections to the wet well for gravity sewer 38 piping shall be equal to those for manholes as described in Section 11.5. All exterior surfaces 3 ~ shall be double coated (mLn:.mum ~$ ~- a.:~.~ with an acceptable bituminous or epoxy sealer 4o minimum 18 mils thick. All riser joints shall be sealed utilizing Ram-Nek, Kent-Seal or other 4 x suitable bituminous or rubber sealing material. Reinforcement and top slab thickness shall be r[! .......................... s Words pnderlined are added; words r,,,~.:c!: l,~-.~ug.h are deleted. ~ ~ ' ~ I ~ specified by the design Engineer for H-20 loadings in all cases. Minimum reinforced slab 2 thickness shall be 8 inches. See Detail S-7 in Appendix C for typical standards. The Engineer 3 shall be responsible for designing all wet well structures to overcome buoyancy forces exerted on ,t the installed structure. All wet well interiors shall be coated "-;-: .....~,~ ~;,~ ,u:~,.~ with an 5 acceptable minimum 60 mils thick bi?.'.mine, uszr epe, xy sealer field applied lET coatinc or shall 6 be lined with a high density pc, lyetkylcne polvt~ror~ylene liner such as "Suregrip" HDPE liner 7 manufactured by Agru and distributed by U.S. Precast Corp., or approved equivalent. s l 1.8 Sewer Laterals 9 Laterals shall be extended to the property line or easement limit for all installations. x0 Laterals shall be a minimum of 6" in diameter, have a minimum of 30" cover and a maximum of x x 48" of cover below finished grade. In locations where a minimum of 30" of cover cannot be x2 provided, laterals shall be ductile iron pipe unless the length of lateral is 30 feet or less. In those x3 cases the lateral may be C900, DR18 PVC pipe. At no time shall cover over a lateral be less than ~4 24 inches. Upon installation, all lateral ends shall be plugged. A cleanout shall be provided at x5 the end of each lateral prior to the end plug. See Details S-10, S-i I and S-I 2 in Appendix C for x~ typical lateral and cleanout standards. The cleanout riser and cap shall be set -1-3 24 inches 17 above finished grade an0 ~.~.^a ...:,h a ;ic.:c ~c.~,, ~:~ .~.4 ....veXieal]y '~ e~, :~^ .t. ...... ~8 "~'~ ~*~-'~:~" '~ c ........r ,~ .......~ ~.~:.~ ,h~ .~ .......All sewer lateral ends shall be x9 provided with a 3M or equal magnetic marker. At no time shall the connection to the lateral be 20 made to the cleanout riser or any part of the vertical assembly. Either a single 6" lateral to each 2 x property or a single 6" lateral with a double wye shall be allowed. 22 11.9 Air Release Assemblies 23 Air release valves utilized on sewage facilities shall be designed and manufactured 24 specifically for use with domestic sewage. When installed, the air release valve shall be provided es with a shut-off valve to allow isolation and removal of the valve assembly. Air release 26 assemblies shall be provided at high points and on the downstream side of conflict crossings. 27 The air release assembly shall be Valmatic ~ 48SBW, Empire'929, or approved equal, for 28 raw sewage and Empire 945, or approved equal, for effluent. High points shall be deemed as a 2~ deviation in grade of six (6) pipe diameters. All air release valves shall be installed as shown on 3o Detail S-13 in Appendix C. 31 32 33 34 35 36 37 38 39 4O 41 I 1.12 Conflicts and Clearances with Other Facilities Sanitary sewer lines, storm drains and/or fome mains shall be separated from water mains by a minimum clear vertical distance of 18" and a horizontal distance of 10'0". See Detail S !5 M-3 in Appendix C for typical standards. When this standard cannot be maintained, the sewer line shall be concrete encased for a distance of 10 feet each way from the water line and any other conduit, with a minimum vertical clearance of 12 inches being provided at all times. All crossings with vertical clearance less than 18" shall be made using thickness Class 200 AWWA C900 PVC pipe or, if necessary, Pressure Class 250 ductile iron pipe for a distance of 10 feet each side of the crossing. The sewer pipe in these locations shall be back-filled with bedding stone or sand to a height 6" above the crown of the pipe. Words underlined are added; words :~,::k" ......deleted. ....... t,.h-are z SECTION THREE: That Section Eleven of Ordinance No. 97-17, as amended, is 2 hereby amended to read as follows: 3 4 TECHNICAL STANDARDS FOR WATER TRANSMISSION AND DISTRIBUTION s FACILITIES AND NON-POTABLE IRRIGATION SYSTEI~IS 12.6 Flushing Connections s All potable water main terminus points shall be equipped with either a fire hydrant or an 9 automatic flushing devi.ce for flushing purposes. For water mains that have been designed to meet seasonal or !one term water supply demands, but cannot meet the requirements of Section 12.17.2, an automatic flushing dev.i. ce shall be required. Flushing connections shall be attached directly to the end of the water main and restrained, as required, to prevent movement in the connection. A line-size gate valve must be provided at the beginning of the flushing connection. ..... :~ .~ ,h- ~--:--;-~ ^r.~. =...~: .........:^. A temporary_ blowoff shall be installed to ~, provide for full bore flushing, which must be completed prior to pressure testing. The end of the x? temporary flushing connect[on blowoff shall be terminated 24 inches above grade and shall xs remain in place until main clearance has been obtained. to just 5clew final grade. and he',teed in a 19 ......... e 20 flushing procedures, and following main clearance, the temporary blowoff shall be replaced with 21 a fire hydrant or an automatic flushing device a?.er gushing has been ec. mploted to create the 22 permanent flushing connection..The ~usking/:am..pling c..,: ........~. ~ .....~ :. ,u ......~ 23 ,_., ....a..~h; ........,: .....:~u ..........., _c,,~ s~ See Details W-1 in Appendix D for 24 installation of the required temporary blow off. and See Details W-I.1 and W-l.2 W 2 in 25 Appendix D for temporary and permanent blowoff flushing assembly configuration. All fall bore 2~ flushing shall be ecrmpieter prior to pressure testing. 27 12.7 Fire Hydrants 28 All fire hydrants installed shall be of the break-flange type and meet the requirements of 29 the local Fire Control District. Hydrants must be installed within the limits of the road right-of- 3o way or shall be privately owned and maintained. Hydrant lead gate valves must be restrained 31 through the use off an u ..........:+~ ~+~:~ ....,~ .~ .........~ .....u ......~ line '~ Uni- 3~ flange type collars, epoxy coated, with high strength, low alloy hardware, EBBA Iron Sales, Inc., 33 "Mesalug", "Uni-fla.nge", or Romac industries, Inc., "Grip Ring". This valve must be located 34 within five (5) feet of the in-line tee supplying the hydrant. All piping between the line tee and 35 the hydrant shall be C900 DR 18 PVC. All connections and locations for fire hydrants shall 3~ meet the requirements of the LDC or NFPA Regulations, latest revisions, whichever is more 3v restrictive, and meet the approval of the local fire control district. All fire hydrants shall be 30 equipped with a cast4n-place concrete break slab (collar). See Detail W-3 Appendix D for 39 typical hydrant installation standards. All hydrants delivered to a project that will be conveyed 4 o to the County shall be painted Federal Safety Yellow. All hydrants installed, with respect to new 41 construction, shall be clearly marked with a Manufacturer date of fabrication. All hydrants 42 installed, with respect to new construction on, shall be clearly marked with a manufacturer's date Words underlined are added; words :~dck thrsugh are deleted, 6 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 ~7 ~8 19 of the same or subsequent year in which the coustmction of that particular phase of development co,mnenced. i 2.10 Conflict Crossings All storm sewer, irrigation mains and sewage transmission system conflicts with water facilities which must be crossed shall be performed using AWWA C900 Class 200 PVC with ductile iron fittings. All fittings shall be adequately restrained using retainer glands, stainless steel rods, EBBA Iron Sales, Inc., "Megalug", Romac Industries, Inc., "Grip Ring", or other approved methods of restraint. Transitional fittings, when approved by the Water Department Director, shall be located as close to the point of conflict as possible. Air release assemblies shall be provided as specified in Paragraph 12.1 I, below. Gradual deflecting in the water line in lieu of using fittings to clear the conflict will not be permitted if cover exceeds 4'-0". A minimum vertical clearance of 18" shall be provided between the water main and bottom of conflict. In cases where new water mains cross over existing storm drains the 18" minimum ~"' FDEP, to 12" __ __ clearance requirement may be reduced, upzn apprc~:'al vv as provided in accordance with D3M, Appendix 'C'. and,4. :an~a c.'.~ki,vn is ~lazea,. bet':.'ec.n the pi~e:. When new water mains cross gravity sewer, sewer force mains or irrigation mains, the 18" minimum shall be maintained. If possible, water mains shall not cross under sanitary lines. Where there is no alternative to crossing under sanitary lines, the 18" minimum clearance shall be maintained and the crossing shall be arranged so that the sewer pipe joints and the water pipe joints are equidistant from the point of crossing with not less than 10 ft. separation between any two joins. 12.11 Air Release Assemblies Air release assemblies shall be provided throughout the distribution system at high points and on both sides of conflict crossings. In cases where reversal of flow is not expected, the air release assembly shall be provided at high points dud on the upstream side of conflict crossings. High points shall be deemed as a deviation of six (6) pipe diameters. Air release locations shall be reviewed with the Water Department prior to submission of construction documents. Air release valves shall be suitable for use xvith potable water or treated effluent. An isolating valve shall be provided below the air valve to allow removal of the valve assembly. The entire assembly shall be constructed in accordance with Detail W-5 in Appendix D. For all water or effluent mains 14-inch and smaller, an Empire "Combinetic", F:.gure Model #945, combination air release valve shall be utilized. For water or effluent mains 16-inch and greater, the Design Engineer will be responsible for air release valve sizing. The design of the air release assembly shall be in compliance with Standard Detail W-5. 12.12 Bacterial Sample Points For the purpose of new potable water main construction, bacterial sampling points shall be positioned at the beginning of each new system, at 1000 foot intervals, and all dead ends, unless otherwise directed. These sampling facilities will be utilized by Water Department personnel for water main bacterial clearance procedures. At the completion of the project permanent sampling points shall remain every 3000 feet or one at the 2/3 point if the line is less than 3000 ft. long. All others shall be removed down to the main and properlv capped by the Contractor. TIi~ Words underlined are added; words ~.m:ck tkrv. ugh-are deleted. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 system. x permanent sampling points shall be constructed in accordance with Detail W ~ W-12 in 2 Appendix D. The permanent sampling points will be designated by the County staff during final 3 plan review and shall be identified by station numbers on the plans. At the Contractor's ,t discretion, appropriately located fire hydrants may be utilized in lieu of the temporary sampling s valves specified above. This practice is not recommended by Collier County or AWWA. Uuder 6 this circumstance, the Contractor will be solely responsible for maintaining the hydrants in a 7 satisfactory environment for conducting the bacterial testing. Use of the hydrants does not 8 preclude the requirements for permanent sampling points as previously specified. 9 12.13 Concrete Collars ao All gate valve boxes, air release assembly and permanent sample points outside paved xx surfaces shall be provided with a concrete collar set to finish grade. The collar shall have a x2 minimum thickness of 6 inches and the outside dimension of the pad and the reinforcement shall ~3 be as shown in Detail S 14 Mr..7. Concrete shall have minimum compression strength of 3000 psi x,~ at 28 days. xs 12.16 Valving Requirements :t6 Valves, in sufficient numbers, shall be provided at all intersections and branches to allow x? zone isolation of distribution areas to limit the impact of line break and service disruption to as customers. In-line gate valves shall be provided at no greater than 1000-foot intervals when no ~9 other valves exist within internal distribution systems. The spacing of valves on off-site :o transmission mains shall be discussed with, and approved by, the Water Department prior to 2 ~ submission of construction documents. All gate valves through 20-inch shall be of the resilient- ~. seated xvedge type, conforming to AWWA C509, latest revision. All valves shall be fi~rnished 23 with valve boxes extending to finished grade. ~'~"~ ~ '~ ..... ~" ~ .... ,. :.~ ,~.u ,~. ~ PVC ~ser: :t:,al! n,st be ',::ed. See Detail S 14 M-7 in Appendix C for typical valve setting 2s standards. All valves shall be American made. 2~ Buried service butterfly valves shall be of the rubber seat type, with enclosed geared ~ operators and integrally cast mechanical joint ends, all in accordanc~ with AWWA C-504, class ~o 150-B. Valves shall have cast iron or ductile body, ductile iron valve disc, Type 304 stainless ~9 steel valve shaft and self-lubricating nylon sleeve type shaft bearings. Butterfly operators shalt ~o be fully gasketed and oil filled to withstand an external water pressure of 10 psi minimum. A 3 ~ valve position indicator shall be furnished for installation in each valve box. Indicator shall be 3~ hermetically sealed for installation inside a cast iron valve box and shall show valve disc 33 position, direction of rotation and number of tums from fully opened to full closed. Indicator 34 shall be provided by the valve manufacturer, complete. All valves, gate or butterfly, shall be 3s internally and externally epoxy coated. 3 ~ 12.17 Facilities Location 37 12.17.1 Water System Layout Criteria. Water distribution systems shall be 38 designed so that all facilities are located adjacent to and are accessible from paved or unpaved 39 roadways so as to allow access for short and long term maintenance and replacement of the 40 Words underlined are added; words :t.'-.:ck L~.rzugh are deleted. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Master Meters and Backflow assemblies shall be within a CUE, located outside, but contiguous, to road rights-of-way. Water mains shall have a minimum setback of 7'6" from the center line of the pipe to roadways, curb and gutters, or any other permanent structure or planting not otherwise specifically allowed under this Ordinance. All water crossings shall be aerial, unless otherwise approved by the Public W,srkg Utilities Water Director. Water mains shall be designed to parallel accessible roadways within the setbacks established by this Ordinance. Deviations from these design parameters shall only be approved in cases where such installations can be shown to be necessary to complying with minimum chlorine residuals or other FDEP quality parameters, unless otherwise approved by the Public Wcrkg Utilities Water Director. In such cases, the water main shall be located within a separate tract of land or CUE dedicated to the Board. Such tracts shall be delineated with fencing, landscaping, signage, pavement, or other methods determined to be acceptable to the Water- Sewer District. All such installations shall require approval from the Water-Sewer District. In addition, an agreement shall be provided authorizing the County to traverse all private property outside of the CUE for the purpose of access and maintenance. The agreement shall also hold the County harmless for any damage to the private property resulting from the County's maintenance or replacement activities within or outside of the CUE. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and bc made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY. The provisions of this Ordiuance shall be liberally construed to effectively carry out its purposed in the interest of public health, safety, welfare, and convenience. lfany section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such hold shall not affect the validity of the remaining portions thereof. SECTION SIX: EFFECTIVE DATE. This Ordinance shall become effective upon filing this Ordinance with the Department of State. All plans submitted prior to Board of County Commissioners approval date of this Ordinance will be governed by the previous Ordinance. Words underlined are added; words .s~.:e!: '.~:cz~,k are deleted. 9 IO 11 12 13 14 15 16 I? 18 19 20 21 22 23 24 28 26 2? 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, and the Goodland Water District, this ~ day of ,2000. ATTEST: DWIGHT D. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT. By: TIMOTHY .1. CONSTANTINE, Chairman Approved as to form and legal sufficie~ncy: Thomas C. Palmer, Assistant County Attorney Note: The Ordinance is available on the Internet at HTTP://WWW.CO.COLLIER.FL.U$/OPERATION$/ORDINANCETOC.HTM. Words underlined are added; words ...........o.. are deleted. APPENDLX A - STA.NDA_KD LEGAL DOCUMENTS INSTKUCTIONS The following forms are to be used as a guide to preparers of msu-uments which shall be submitted to the Board for acceptance of water and/or wastewater utility. facilities. Adherence to the form and restructions contained below will assure an expeditious re,Aew by the Coillet County Attorney's Office, which in turn will speed the process of udtiry facilities acceptance by :.he Board. Deviation in substance or form from the suggested specCa-aen forms may result in a substantial delay or disapproval o£ the utility, t~cilities acceptance documents by the County Attorney's Office. PLEASE CAiLEr-W~'LLY READ THESE INSTRUCTIONS BEFORE PP,.EPARING INSTRUMENTS INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the prepm'er the location and the ,.wpe of Luiormation that needs to be inserted. Tkis is indicated by ['brackem which contain instructions]. Most bracketed in/ormarion is seLf-explanatory. However, where an m-depth insrrucuon of the ,type of information to be xnsened is appropriate, the bracketed mrbrmadon gives a br/ef explanation followed by a reference to an instruction. That instruction correlates to the foilowing imrrucdons. .rNSTRUCTrON NO. 2. Name of grantor/morrgagee/developer/lessee/owner/suretylissuer/ applicant (hereinafter coilec:ively referred to for the purposes of this insrrucuon as "grantor"). If g-rancor is an ~ndividuai, insert the granror's name followed bv the grantor's marital status. If the ~antor is married, ,he grantor:s spouse must join in any conveyance instrument. As an altemauve to having a grantor's spouse join in a conveyance instrument, a paragraph can be added below the reference to E,'d:fibit "A" which says: "The subject lands are not homestead lands." £f the ~antor is a corporate enmy, show r. he correct name of the corporation and idenufy the state or other jurisdiction m ,,vkmk it is incorporated. [f',he g-rantor is a parmership entity., show correct name of the parmership, identify whether the parmership is a general or limited parmership, and/.dentify the state or other jmusdiction under which the parmerskip was created and presendy operates. [f :he grantor is a trust insert the ~.':rustees name, as antstee. If appropriate (Seeson 689.071, Florida Starares), :.dennfy uke a-usr and recite the authority of the trustee to convey. Your attention is direc:ed to Chapter 689, Florida Statutes. INSTRUCTION NO. 3. W'~mess and si_m'tau. tre block. All instruments, an[ess otherwise noted thereon. require 2 wimesses. Example wireess and signature blocks are as follows: Execution by an individual: '~ituess - Signature Wireess - Printed Name Vqimess - Signature John Srrnth Witness - Printed Name Execution by a corporaUon: W/mess Development Corporation, Inc. a Florida corporation Witness By: P resident NOTE: In lieu of using two witnesses, a corporation may execute instruments by signing as noted beioxv and affixing iu comorate sea~s. Secuons 692.01 and 692.02, Florida Statures..-k hand ~wirten or imprinted scra~vi. scroll or seal. ~ff~xed as :he corporate seal below the corporate officer's signature, ~s effectual as a seal. Seenon 695.07, Florida Statures. By: Vice ?resident Infrastructure Corp., Inc., an Indiana corporation (Corporate Seal of Infrast'ructure Corp., rnc.) ~-~ecuuon by a parmership with an individual acting as its general parmer: rroject Partners, a Florida Wireess limited parmership By:. General Parmer Execution by a parmership with an entity acting as its general parmer: Wireess - Signature Building Joint Venture, a Kentucky general partnership by its entity general parmer Wireess - Printed Name Wireess - Signature Smith Corporation, Inc., a Delaware corporation on behalf of the parmership Wireess - Printed Name By: Vice President Execution by a Section 689.070, Florida Statutes, Trustee: Wireess - Signature , iraess - Printed Name Wireess - Signature Fred Fidelity, individually and as Trustee Wireess - Printed Name Execution by a Section 689.071, Florida Statutes, Trustee: Wireess - Signature Wireess - Printed Name Witness - Signature Sally Springfield, Trustee of the above referenced Trust Witness - Prmmd Name INSTRUCTION NO. 4. ACKNOWLEDGMENT AND NOTARY BLOCK. The lblloxving forms of acknowledgment and notary block will be sufficient. For an execution by an individual: State of ~-"~ounty of The foregoing instrument was acknowledged before me this known or produced identification ~ Type of identification produced: day of (Af£~x notary, seal) Notary, Public My Commission Expires: Notary Printed Name For execution by a corporation: State of County of The foregoing [insert exact name of instrument] was acknowledged before me by [name of person], [corporate title must be either President, Vice President or Chief Executive Officer unless an appropriate corporate resolution is attached which specifically authorizes execution by some other corporate officer] or [exact name of corporation], a [insert the name of the State in which corporation is incorporated] corporation, on behalf of the corporation. Personally knownor produced identification. Type of identification produced: WITNESS my hand and official seal this day of ,4-9 20 Notary Public (Affix notary seal) My Commission Expires: Notary Printed Name For an execution by a parmership a general parmer who is an individual: STATE OF COL-NTY OF The foregoing [insert exact name of instrument] was ac 'k_nowledged before me by [name of individual], general parmer, on behalf of [exact name of parmership], a [insert name of state or jurisdiction under whose laws the parmership was formed and presently operates] [identify .type of parmership by inserting either general or limited] parmership. Personally knownor Produced identification __. Type of identification produced WITNESS my hand and official seal this day of , -1-9 20 (Affix notary seal) Notary Public My Commission Expires: Notary Printed Name For an execution by a parmership whose general parmer is an entiw: STATE OF COUNTY OF The foregoing [insert exact name of instrument] was acknowledged before me by [name of person], [corporate title, must be either President, Vice President or Chief Executive Officer unless an appropriate corporate resolution is attached which specifically authorizes execution by some other corporate officer] of [exact name of corporation], a [name of State in whicl~ corporation is incorporated] corporation, as entity. general parmer, on behalf of [exact name ofparmership], a [insert name of state or jurisdiction under whose laws the parmership was formed and presently operates] [identify type ofparmership by inserting either general or lira/ted] parmership. Personally known__ or Produced identification . Type of identification produced WITNESS my hand and official seal this __ (Affix notary. seal) day of ,4-9 2._9.0 Notary Public My Conunission Expires: Notary Printed Name -.r, or au execution by a Section 689.070, Florida Statutes, Trustee: ~ FATE OF COL,~'NTY OF The foregoing [insert exact name of instrument] was acknowledged before me by [insert exact name of person], individually, and as Trustee. Personally known or Produced identification . Type of identification produced WITNESS my hand and official seal this ~ day of (Affix notary. seal) Notary Public My Commission Expires: Notary Printed Name For an execution by an individual as a Section 689.071. Florida Statutes, Trustee: STATE OF COUNTY OF The foregoing [insert exact name of instrument] was acknowledged before me by [insert exact name of person], as Trustee on behalf of the above-referenced Trust. Personally known or Produced identification . Type of identification produced WITNESS my hand and official seal this ~ day of (Affix notary. seal) .otary Public My Commission Expires: Notary. Printed Name For an execution by a corporation as a Section 689,071, Florida Statutes, Trustee: STATE OF COL,.'NTY OF The foregoing [insert exact name of instrument] was acknowledged before me by [name of person], [corporate title must be either President, Vice President or Chief Executive Officer unless an appropriate corporate resolution is attached which specifically authorizes execution by some other corporate officer] of [exact name of corporation], a [insert the name of the State in which corporation is incorporated] corporation, on behalf of the corporation as Trustee of the above referenced Trust. Personally known or Produced identification .... . Type of identification produced WITNESS my hand and official seal this ~ day of , ~ 20 (Affix notary seal) Notary Public My Conmaission Expires: Notary. Printed Name INSTRUCTION NO. 5. Exhibits attached to all instruments must describe the real property. which encompasses the subject utility facilities or easement. Language on the legal description Exhibit which alters or qualifies the insmanent to which it is attached is unacceptable. "'-rNSTRUCTION NO. 6. For the purposes of simplicity and brevity, references in this Appendix and Collier County Ordinance ;o. 97- , as amended, to the Collier County Water-Sewer District shall also be consu'ued to refer to the Mai-c0 Waier and' Sewer District or the Goodland Water District, where appropriate and as the context requires. Preparers of lega1 do6uments cautioned to determined to which District their documents should run before preparing and submitting documents. INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath (or affh-mation) is as follows: "SUBSCRIBED AND SWORN to before me this ~ day of ,4-9. 20 ." An acknowledgment is not acceptable for any affidavit (Subsection 117.05(13), Florida Statutes. The an'&. tak:n affiant must both swear to the document in the presence of the Notary and sign the document in the presence of the Notary. INSTRUCTION NO. 8. This Appendix is provided as a guide to preparers and is not intended to be all-inclusive. All documents will be reviewed on an individual basis. If the preparer is unsure of the required form or content of any document, he or she should seek professional advice or assistance prior to preparing and submitting the document for acceptance. · Note: Legal documents are available on the internet I-ITTP://WWW.CO.COLLIER. FL.US/OPE RATIONS/ORDINANCETOC.HTM. Form 1 - Rev. 0'7/00 (Facilities Agreement) Utilities Acceptance -Doc. ,#320 *[Identify. type of treatment facility by inserting either water or sewer in title of this instrument] * FACILITIES AGREEMENT THIS AGREEMENT is made and entered into riffs [day] day of [month], [yeari, by and be,,,wveen [name of 4eveioper- see Instructkin No. 2] (hereinafter referred to as "Developer"), and THE BOARD OF COUhgTY COMMISSIONERS OF COLLIER COUh'qTY, FLOP_iDA, AS THE GOVEP~N-D,IG BODY OF COLLIER COUNTY AND AS EX-OFFICIO TI-~E GOVEI>,_NTNG BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter refexed to as "County."). Developer is used as singular or plural, as the context reamres. RECITALS: WHEREAS, for the purposes of this A~eement the term "Developer" shall include the Developer, the Developer's heirs, successors, and assigns, including bur not limited to any wholly owned or controlled subsidiao.' entity who leases back any utility facilities from the County; and WS-IEREAS. the Developer is :he Owner of the [insert name of project shown below referenced consauction plansi development, (hereinafter "Project") -and has submixed construction plans for an inte,-sm }idenri£y .w. pe of treatment facility by inserting water or seweri treatment facility (hereinafter "interim treatment facility") to the County for review and approval; and 'vVI-IEREAS, the Developer ackmow!edges and agrees .'.hat the Developer is require~ to provide on-site interim utility facilities which service the Project until the utility facilities within the Project can be connected to the off-site utility facilities operated by the County and the County facilities have the available capacity to service the Project; and WHEREAS, Collier County. land development regulations require, and Developer covenants and agrees, that the Developer shall connect any interim, utility. system serving that Project to the off-site ufitiw system operated by the County. when the County's system has been extended to xvithin t-wo hunck'ed (200) feet of the Project and the available off-site utility.. system has available capacity. to service the entire Project; and WHEREAS, the extension of the off-site utility system operated by the County. to xvithin ¢vo huncix'ed (200) feet of the boundary of the Project shall be not required of the County. as performance under this Agreement; and WHEREAS, all parties to this Agreement acicno~vledge and agree that the decision as :o ~vhether or not any off-site utility system operated by the County has the capacity to service the Project shall be made solely by the County; and ! ~ '" '-' ! i WHEREAS, the Developer acknowledges its obligation to dedicate all appropriate collection, distribution and transmission facilities and appropriate easements to the County prior to placing said facilities into service; and W'I-EEREAS, the Developer, or other successor entity. satisfactory. to the County,, will maintain and operate the interim treatment facility. and the associated on-site collection, distribution and transmission plant pursuant to a lease a_m:eement with the County. as set forth hereinbelow; and WHEREAS, the developer has previously accepted the terms and conditions set forth Ln this A~eement as part of the County. 's review and approval of the Developer's land use petitions. WITNESSETH: NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree as follows: I. .KECITALS Lh'dC ORPORATED. incorporated hereto. The above Recitals are u-ue and correct and shall be 2. ~NTER.12V[ FACILITY. The appropriate on-site treatment, collection, distribution and transmission facilities are to be constructed as part of the proposed Project and shall be an inter/m facility; all utility. facilities shall be construcrec[ to State and Federal standards and are to be owned. operated and maintained by the Developer or other successor entity. satisf~.ctory :o the County until such time as the County. "s off-s/re utility facilities are available to serv/ce the project. The interim treatment facilities shall supply services only to the Project or, subject to the County's approval, other lands owned by the Developer. The interim treatment facilities may not provide service outside the Project without the winten consent of the County.. 3. DEVELOPER TO D[SzMANTLE EN'TERIM TREATMENT FACILITY. Upon connection to the ComnW's off-site utiiity facilities the Deve~,oper shall abandon, dismantle and remove from the site the interim treatment facility. All work related with this activity shall be performed at no cost to .the County whatsoever. ~.. CONNECTION TO COUhN-TY'S OFF-SITE SYSTEM AT NO COST TO COL~-N'TY. Connection To the County's off-site utility. facilities will be made by the Developer at no cost ro the County within ninety. (90) days after such facilities become available. The cost of connection shall include, whenever the Count2,, requires, but not be limited to, all engineering desitin2 and preparation of consa-uction documents, permitting, modification or refitting of existing pumping facilities, construction of new pumping facilities, interconnection with Coun .ry off-site utility facilities, any transmission, disrnbution or collection lines necessary.. to make the connection and any required. environmental audits, including the expense of bringing the subject facilities into compliance arid response costs for clean-up removal or reinedlotion. 5. CONVEYAxXrCE OF E'q'TERIM TREATMENT FACILITIES NEEDED FOR CON~'ECTiON A~N'D OPEI~',-kTION OF COU~hNTY'S OFF-SITE SYSTEM. At the time the County's off-site facilities are avaiiable for the Project to connect with, all utiliw facilities required by the County to make the connection with the Count'y's off-site utility faciiities shall be conveyed to the County pursuant to County ordinances and regulations then in effect, together with all utility. easements required by the Coun~~. :z-ll construction plans and tec,hnical sr)ecifications related to the connection of the Counrv's off-she facilities shall be submitted to the County for review and approval prior to commencement of --*'onsu'uction. 6. CUSTOMER TLrRNOVER. All customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when the County's off-site sewer facilities are available to serve the Project and such connection is made. Prior to connection of the interim utility system serving the Project to the County's off-site utility. facilities, the Developer shall turn over to the County. a complete list of customers served by the interim utility. system and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the Project and cooperate fully in the transfer of any billing procedures. 7. SYSTEM DEVELOPMENT CHARGES TO BE PAID PRIOR TO PERMIT ISSUANCE. The Developer a~ees to pay all applicable system development charges at the time that Building Permits are required, pursuant to County. Ordinances and Regulations then in effect. This requirement shall be made known to all prospective buyers of properties for wkich building permits will be required. 8. LEASEBACK OF DEDICATED FACILITIES. The County and the Developer shall enter into a leaseback of the collection, distribution and transmission facilities to the Developer, or other utility entity. satisfactory. to the County., to allow for continued operation of~e interim utility system. Such a leaseback shall be uoon terms comparable to utility facilities lease agreements then entered into by the County as required by and in accordance with applicable County land development regulations and/or utility. standards and procedures. Any such lease a~eement shall be in a form approved. by the Office of the Collier County A. rtorney. assigns. BINDING EFFECT. This Agreemere shall be binding ur)on the parties, their successors and IN WITNESS WHEREOF, the parties have executed this Ageement as of the date and year first above written. [Developer's witness and signature block - see Instruction No. 3] ATTEST: , Clerk By: Deputy Clefr BOA/tD OF COU%dTY COM2MISSIONERS OF COLLIER COUNTRY, FLORIDA, AS THE GOVERxNING BODY OF COLLIER COUNTY ,a2q-D AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU~'TY WATER-SEWER DISTRICT BY: , Chairman Approved as to form and Legal sufficiency Assistant County Attorney [Developer's ac?~nowledgment and nora~, block - see Instruction No...4] STATE OF FLORIDA COU2'qTY OF COLLIER I HEREBY CERTIFY that on this day, betbre me, -an officer duly authorized in the State and County aforesaid to take acknowled_m'nents, personally appeared , well !~nown to me to be the Chairman of the Board of County. Commissioners, Collier Coun .w, Florida, As The Govem_ing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing [insert exact name of instrument] for the purposes therein contained under authonry duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this ,.-L9 day of t~Notanal Seal) TCP/forms/10112 Notary.. Public My Cormnission Expires: Form 2 - Rev. 07/00 (Performance Bond) Utilities Acceptance Documents -Doc..320 UTILITIES PERFORMJLNCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that [insert name of Owner - See Instruction No. 2] [insert current business address of Owner] (hereinafter referred to as "Owner", and [insert name of SureV - See Instruction No. 2] [insert current business address of Surety.] (hereinafter referred to as "Surety"), are held and in'rely bound unto Collier County, Florida, (hereinafter called "County."), in the total aggegate penal sum of [insert written dollar mount] Dollars $[insert numeric dollar amount] in lawful money of the United States, for the pa.vrnent of which sum ~ve[1 and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assig-ns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a ce~ain Utilities Facilities Construction Contract, dated the [day] day of [month], i--9[year], a copy of which is hereto attached and made ~ parr hereot} and WHEREAS the Counw has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances m~d Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of water and sewer facilities constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Owner shall well, truly and lath_fully perform its obligations and duties to the Counw under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof w'rfich may be granted by the Owner, with or without notice to the Surety. and during the guaranty pehod established by the County, and thereafter, and if the Owner shall satisfy. all clams and demands incurreci under such contract, and shall fully indemnify and save harmless the County. from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, orlaerwise to remain in full force and effect. PROVIDED, FliRTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of rime, alteration or addition to the terms of the contract or ro work ro be ~erformed ---~hereunder or the specifications accompanying same shall in any way affect its obligation on this Bond, .nd it does hereby waive notice of any such change, exrension of time, alteration or addition ro the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the Owner and the Surety to the full and faithful pertbrmance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this day of , -1-9 [Owner's witness and signature block - see Instruction No. 3] [Surety's witness and signature block - see Instruction No. 3] [notary. and acknowledgrnent blocks for both Owner and Surety required - See Instruction No. 4] Prepared by: [name of person preparing tkis knstrument] [address of person preparing this instrument] TCP/forms/10113 Form 3 - Rev. 07/00 ~ (Letter of Credit) Utilities Acceptance Documents o Doc. #320 IRREVOCABLE STANDBY LETTER OF CREDIT NO. [Insert issuer's identifying number] ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue]. PLACE OF EXPIRY: At Issuer's counters located at [ONLY In Collier County] DATE OF EXPIRY: This Credit shall be valid until [insert date of first anniversary of date of issue], and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: [insert full name of person or entity - see Instruction No. 2] (hereinafter "Applicant") [insert Applicant's current business address]. 'ENEFICLARY: The Board of County Commissioners, Collier County, Florida (hereinafter · Beneficiary."_ Collier County Courthouse Complex, Naples, Florida, 22942 34112. AMOUNT: S[insert dollar amount] (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "[insert name of Applicant] has failed to construct and/or maintain the [identify type of improvements by inserting water, or sewer, or water and sewer] improvements as shown on the plans for [insert exact name or title of project shown on construction plans], or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, has not been performed prior to the date of expiry, and satisfactory alternative perforrnance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under [insert name of Issuer] Credit No. [insert Issuer's number identifying this letter of credit], dated [insert original date of issue]". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any Su¢,h ¥eference shalt no.t be deemed to incorporate herein by reference any document, instrument or agreement. : Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity. of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.]. TCP/forms/10114 [Name of Issuer] By: {insert title of corporate officer - must be signed President, Vice President, or Chief Executive Officer] NOTE: Collier County shall not accept Letters of Credit. Form 4 - Rev. 07/00 (Utilities Facilities Subordination Consent and Joinder) Utilities Acceptance - Doc #320 Leave 3" blank space in upper right hand comer for recording purposes UTILITY FACILITIES SUBORDINATION, CONSENT g~D JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this [day] day of [month], -1-9[year], by [name of Secured Party ~ - see Instruction No. 2] (Hereinafter referred to as "Secured Party" "M~m~agee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERN2NG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUXNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party Movt-gag~ is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Secured Party Mc,~gagcc is the owner and holder of that certain [insert the exact name of each instrument to be subordinated] recorded in Official Records Book, Page ..[insert ~ he Official Records Book and first page reference for each instrument to be subordinated] et seq of the Public Records of Collier County, Florida (hereinafter refen'ed to as "Securing Instrument(s)" ...... ~.~ ;, encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation. relocation and/o_r maintenance of utility facilities over. under and/o_.rr across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Secured Party "*~-'~ .....to, join in and subordinate ...... ~,~,~ consent its '~ ~" .... Securing Instrument(s) to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration ofTEN DOLLARS (SI0.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Secured Party x ~ ....... ...... ~,~,~ does hereby consent to, join in and subordinate the lien of its security ~r ...... ...... ~,~ to the ~ant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest "' ~' ...... shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Secured Party ~ has caused these presents to }~e execute¢ Ih~,~;.~, -~ date and year fzrst above written. ,.~ ._ .r3 '~ 5~ .- .~ ~ ; I2N' WITNESS WHEREOF, the Secured Parry },{oxgagz.c has caused these presents to be executed the date and year first above written. [wimess and signature block - see Instruction No. 3'! [acknowledgn-tent and notary, block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] [address of person preparing this instrument] TC P/forms/10123 Form 5 - Rev. 07/00 - (Attorney's Affidavit) Utilkies Acceptance - Doc #320 ATTORNEY'S AFFIDAVIT STATE OF [name of State] COUNTY OF [name of County] BEFORE ~ME, the undersigned authority, ....... v .........; on this ., 19 , personally appeared known, and having been sworn and under oath, deposes and states: day of , who to me is well I. My name is , I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts asserted ce, ntaincd herein. 2. I am a licensed attorney, Florida Bar # , authorized to practice law in Florida and am practicing law in the State of Florida. My business address is · My business telephone number is My business mailing address is 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the ~ollier County Water-Sewer District to accept the dedication or conveyance of [identify, type of utility facility by inserting water, or sewer, or water and sewer] utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined record title information to both the real and personal property. referenced in this affidavit, including but not limited to, information requested from the Florida Secreta~.'y of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the real property described herein is [give full legal name of owner as it appears in title information; if owner is an entity make reference to the laws of the state or jurisdiction ~mder which entity, was created and presently operates] (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book, at Page [insert official record book and first page oflnstrument where owner acquired title], Public Records, Collier County, Florida (copy attached) [If the record owner is an entity, the Affiant must indicate that he has examined corporate or parmership information obtained from the jurisdiction under which the entity was created and presently operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identify. the exact name and title of the persons authorized to execute the instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property.] [Pursuant to Section 689.071. Florida Statutes if the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting documentation.] [--'7'f,'-Z,i~ [If the record owner is an individual, the Affiant must state the marital status represented to the Affiant by the individual and, if married, state whether or not the individual has represented the subject teat property is homestead property.] 6. [The Affiant shall state whether the subject real and personal property is encumbered of record, or is the subject of any financing statements filed in the Public Records of Collier County., Florida or the Office of the Secretary of State. If the subject real or personal property is encumbered the Aff~ant shall specifically describe each lien, encumbrance or financing statement, citing appropriate recording information and the Affiant shall attach and incorporate by reference a copy of each lien, encumbrance, or financing statement.] 7. _A_ffiant further states that the information contained in this Affidavit is true, correct and current as of the date tkis ;~Tidavit is ~ven. [INTOR_M. ATIONAL NOTE: Per Ordinance :he date of this Affidavit must not be six, ned and dated more than sixty (60) days prior to the meeting at which the Board of County Commissioners considers the acceptance of the subject utility facility. documents.] FURTHER AFFIANT SAYETH NAUGHT. DATED tkis day of Affiant Signature Affiant Printed Name witnesses required] [Notary block] - SUBSCRIBED .~ND SWORN to before me this ~ dav of ~-9 , by (Insert name ofoerson rakine the oath'}. who is personally k. nown ~ identification OR produced Type of Identification Produced Notary Public My Commission Expires: Notary Printed Name Prepared by: [name of person preparing this instrument] [address of person preparing this insu-ument] TC P/fo rms/10122 Form 6 - Rev. 07/00 (Owners Affidavit) Utilities Acceptance - Doc #320 OWNER'S )~FFID AVIT STATE OF [name of State] COUNTY OF [name of County] BEFORE ME, the undersigned authority, personally appeared who to me is well known, and having been duly sworn and under oath, deposes and states: I. My name is ., I am over the age of twenty-one (21) years, am suijuris, and have personal knowledge of the facts asserted containcd herein. 2. I am the owner of said rear property located at described on Exhibit "A". , and legally 3. All persons, firms, and corporations, including the general contractor, and all subcontractors and sub-subcontractors and .suppliers who have furnished services, labor or materials according to plans and specifications, or extra items; used in the construction or repair of [identify type of utility facility by inserting water, or sewer, or water and sewer] utility facilities on the real estate aereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by the owner. 4. No claims have been made to the Owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub-subcontractor. supplier. laborer or materialman, and fiaxkcr :hat no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in or on the aforesaid premises. 5. The utility facilities described herein are not included in, encumbered by, or subject ro any real property mortgage, chattel mortgage, security a~eement, Uniform Commercial Code financing statement, or any other encumbrance that might affect marketable title to the subject utility facilities and/or easement(s). 6. As and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, ctaim or suit by any general contractor, subcontractor, sub-subcontractor. supplier, mechamc or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities bv or on behalf of Owner. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". FURTHER :kFFIANT SAYETH NAUGHT. DATED this day of ,4-9 Affiant Signature Printed Name [no wimesses required] [Notary. block] - SUBSCRIBED .4aND SWORN to before me this ~ , by (Insert name ofoerson takin~ the oath/. Personally lcnown day of OR produced identification Type of Identification Produced Notary Public My Commission Expires: Notary Printed Name Prevared by: [name of person preparing this ins~-ument] [address of person preparing this instrument] TC P/fo rms/10121 Form 7 - Rev. 07/00 (Utitiw E~ement) Utilities Acceptance - Doc #320 Leave 3" blank space in upper fight hand comer for recording purposes UTILITY EASEMENT THIS EASEMENT, granted this [day] day of [month], ,-~-9[year], by [name of Grantor - see Instruction No. 2] as Grantor, to the BOARD OF COU'NTY COMMISSIONERS OF COLLIER COU2qTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AxxlD AS EX-OFFICIO THE GOVERnMING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. W'ITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby ackmowledged, hereby conveys, gants, bargains and sells unto the Grantee, its successors and assigns, a perpemai, non-exclusive easement, license, and pr'ivilege to enter upon and ro install, relocate and/or maintain utility. +facilities, in, --*n, over and tunder the following described lands being located in Collier County, F!onda, to wit: See attached E,'r2fibit "A" which is incorporated herein bv reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate. relocate and/or take materials for the purpose of constructing, operating, re!ocatin~ and/or maintaining the subject utility facilities thereon. Grantor and Grantee are used for singular or ptural, as the context requires. IN V¢ITNESS WHEP,~EOF, the Grantor has caused these presents to b.e executed The date and ye~ ~rst above wri~en. [wimesses and signature block - see Instruction No..3] [aclmowted~ment and notary, block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] [address of person preparing this instrument] TCP/forms/10120 Form 8 - Rev. 01/00 (Warranty, Deed and Bill o£ Sale) UtiLities Acceptance -Doc. ,#320 Leave 3" blank space in upper right hand comer for recording purposes UTI'[.ITY FACILITIES WARR. z--UNTY DEED Aax,rD BILL OF SALE Tills iNDENTURE made this [day] day of [month], ~-!-9[year], between [name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSION-ERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNTNG BODY OF COLLIER COUNTY .~ND AS EX-OFFICIO THE GOVERNTNG BOARD OF THE COLLIER COU'NTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WrTNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby ac!mowiedged, has ganted, bargained and sold to the said Grantee, and Grantee's heirs, successors and ~signs forever, all [identify..type of utility facilities by inserting water, or sewer, or water and sewer] utiiiw facilities lying within the following described land, together with appurrenant easement rights for the operation, febcation. installation and maintenance of said facilities, situate, lying and being in Collier County, F!ohda, to ~vit: (See Exh2bit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby ~11y warrant the title to said utility facilities, be they realW. oersonaltv. or mixed, and wiil defend the same against the lawful cIaims of all persons whomsoever. For the purposes of this conveyance, the utility. facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take materials for the purpose of constructing, relocating. operating, and maintaining utility.. facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. 1N WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. [witness and signature block - see Lnsrruction No. 3] [acknowiedgment a:~d notary block - see Insrotation No. 4] Prepared by: [name of person preparing this instrument] [address of person preparing this instrumentJ TCP/ks/forms/10119 .,.L-NOTE: The "BILL OF SALE" has been dispensed with, it is not needed with the revised combination :ed and Bill of Sale.] ~'^~ 9 'D~,, ~1 ~fi~'l /'121411 ^1:'~1~'~ OTT T t"~E' ~ ~T 13 v, rl 'pxr= e ~ = "T' u. Form I0 - Rev. 01/00 - (Facilities Lease) Utilities Acceptance - Doc. #320 Leave 3" blank space in upper right hand comer for recording purposes * [identify. the type of utility facilities to be leased by inserting water or sewer in the title of this instrument] * FACILITIES LEASE THIS LEASE, executed this [day] day of [month], by and between the BOARD OF COU'NTY COMMISSIONERS OF COLLIER COU2,,rTy, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, :~ND AS EX-OFFICIO THE GOVERMING BOARD OF THE COLLEER COUNTY WATER-SEWER DISTRICT (hereinaPter referred to as the "Lessor") and [name of Lessee - see Lnsrruction No. 2] (hereinafter referred to as the "Lessee"). RECITALS: WHEREAS, [identify. the type of utility facilities to be leased by inserting water or sewer] utiliLy facilities lying in the lands deschbed in Exhibit "A" attached hereto -and incorporated herein by reference were conveyed ro Lessor by Lessee, and the Lessor is now the owner of said facilities; and WTdEREAS, the Lessee is the owner of a [identify. the type of utility facilities to be leased by inserting water or sewer~ treatment plant and has a~eed to provide service to the [insert name of projectJ development (hereinafter "Project") until such time as the Lessor desires to provide treatment by means of the Lessors treatment facilities; and WHEREAS, the Lessee needs to have possession and use of the facilities deschbed in Ext'fibit ":x_" for so long as it is obligated to provide interim treatment service to the Project. WITNESSETH: NOW THEREFORE, in consideration of the mutual covenants of the parties hereto, Ten Dollars ($t0.00) and other good and valuable consideration exchanged among each of the parries, receipt and sufficiency of which is hereby acknowledged by each parry, the parties agree as follows: 1. RECITALS INCORPORATED. The above recitals are true and correct and shall be incorporated herein. 2. LEASED PROPERTY. The Lessor shall lease to the Lessee all of the utility facilities deschbed herein and located on the lands descr/bed in Exhibit "A". 3. TERM. The rerrn of the lease shall be ten (10) years. At the end often (i0) years, the lease shall be automatically renewed for successive five (5) year terms. ,.mless terminated by either partly as herein provided. 4. RENT. The Lessee shall pay the Lessor the sum often Dollars ($10.00) per year as rent ---~mder this Ageement. Rent shall be paid upon submission of a statement by the Lessor ro the Lessee, and .hall be paid yearly at the offices of the Utility Department of the Lessor. 5. TERMINATION. Notwithstanding any other provisions of the Agreement, the parties agree that this lease shall terminate at such time as the Lessor undertakes to provide the treatanent service for the Project. 6. OPEtLiTION OF TREATMENT FACILITY. During the period of this lease, the Lessee agrees that it or a wholly owned subsidiary shall provide treatment services to the Project, provided all initial connection fees and user rates are paid. The Lessee further agrees that so long as it provides such services, it will charge utility. rates approved and regulated by the S.t.ate of Florida Public Service Commission. 7. STANDARD OF MAINTENANCE. Lessee shall maintain all utility. facilities, including but not limited to, all transmission, collection, distribution and treatment facilities, at standards equal to the maintenance standards for comparable utility. facilities maintained by the Lessor. 8. FACILITIES TO BE IN GOOD WOR_KrN'G ORDER UPON CONrNECTION TO OFF-SITE SYSTEM. Lessee shall be solely responsible to have all utitity facilities subject to this Agreement in good working order and in comr)liance with all County, State, and Federal requirements when the facihties are conveyed to the Lessor and are connected to the Lessors off-site utility facilities. At no cost to the Lessor, Lessee shall conduct and provide to the Lessor an environmental audit, rogerher with a written declaration ~om an environmental consultant acceptable to the Lessor, which vehfies that the faciiities subject ro this Agreement are in comr~liance with all applicable State and Federal environmental laws, and that the trcilities and property. surrounding the facilities are free of unlawful contan~ination. The environn~entai consultant shall demonstrate its qualifications to the satisfaction of the Lessor prior to commencing the environmental audit. Its qualification shall be presumptively established if the project manager is a professional endneet who is registered and in good standing with the State of Florida. or a certified environmental professional by the National Association of Environmental Professionals or some other iike national professional organization. The Lessoffs acceptance of the environmental consultant shall not be Lmreasonably withheld. At least ninety. (90) days prior to the connection of the interim utiiirv system to the Lessoffs off-site utility. system, the Lessor shall notify. the Lessee to commence the environmental audit. The failure of the Lessor to give timely notice to the Lessee or accgptance by the Lessor of any interim utility. system in the absence of receipt of the negative declaration, shall not relieve the Lessee of any obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and the response costs for clean-up, removal and remedialion, if any, which shail be home solely by the Lessee. 9. INSURANCE. Until such time as the interim utility, system serving the Project is connected to the off-site utility facilities operated by the Lessor, Lessee shall provide and pay for all property. damage and liability insurance for the entire utility. system servicing the Project, including, but not limited to, flood damage insurance for any lift, eductor or pump station facilities. Lessee shall provide the Lessor upon each renewal of the required insurance policies or inclusion of additional facilities under .'.his Agreement, wirb~ a Certificate of ~surance evidencing coverage for the full replacement value of the entire utility system which se,wices the Project, and showing the Lessor as an additional insured for any interim utility facilities ultimately necessary for connection to and operation of the Lessors off-site utility. system. I0. GUAR. ANTEE BY LESSEE. The Lessee shall have the sole r~sponsibitiry for repair/ng and/or replacement of defective materials and guaranteeing all facilities covered by this A~eement for:~ period of approximately one year from date of preliminary acceptance by Lessor. Further, at the end of the guarantee period it shall be the sole responsibility. of Lessee to prepare all facilities for final inspection by the Lessor at no expense to the Lessor. 1 t. BINDING EFFECT. This Lease shall be binding upon all of the parties to this Lease, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date anti year first above written. [Lessee's wireess and sig-namre block - See Instruction No. 3] ATTEST: LESSOR: Approved as to form and legal sufficiency: · Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA AS THE GOVEP,_NING BODY OF COLLIER COU'NTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUqN'TY WATER-SEWER DISTRICT By: ., Chairman Assistant Cotm~ Attome,/ [Lessees acknowledgment and notary. block - See Insn-uction No. ~] STATE OF FLORIDA COrJNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Comnry aforesaid to take aclmowledgments, personally appeared . ~vell i. cnown to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Colher County and as Ex-Officio the Goven:fing Board of The Collier Coua .ry Water-Sewer District, being authorized so to do, executed the foregoing [inse~x exact name of instrument] for the purposes ~erein contained under authority duly invested by the Board of Coun~ Commissioners, and that the seal affixed thereto is the true seal of sail Board. WITNESS my hand and official seal in the County and State last aforesaid this day of (Notarial Seal) Notary Public My Commission Expires: Prepared. by: [name of person preparing tl~is instrument] [address of person preparing this insmanent] TCP/forms/10117 Form l 1 - Rev. 01/00 - (Facilities Lease including Sub-Developer) Utilities Acceptance -Doc. #320 Leave 3" blank space for in upper right hand comer for recording purposes * [Identify the type of utility. facilities to be leased by · inserting wamr or sewer in the title of this instrument] FACILITIES LEASE THIS LEASE, executed this [day] day of [month], '.-9[year], by and between the BOARD OF COUIN'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVER_NING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the "Lessor") and [name of Lessee - see Instruction No. 2] (hereinafter referred to as the "Lessee"), and [name of Developer - see Instruction No. 2] (hereinafter refe=ed to as "Developer"). RECITALS: WHEREAS, [identify..:he Wpe o futility. facilities to be leased by inserting water or sewer] utility. facilities lying in the lands described in Exhibit "A" attached hereto and inc ore. orated herein by reference were constructed and resrailed by Developer, and thereafter conveyed to Lessor by Developer, and the Lessor is now the owner of said facilities; and WI-~zzREAS, the Lessee is the owner of a [identify. the type ofunliw facilities to be leased by insemng water or sewer] treatment plant and has agreed to provide service to the [insert name of project] development (hereinafter "Project") until such time as the Lessor desires to provide treatment by means of the Lessors treatment facilities; and WHEREAS, the Lessee needs to have possession and use of the facilities described in Exhibit "A" for so long as ir is obligated to provide interim treatment sewice to the Project. WITNESSETH: NOW THEREFORE, Ln consideration of the mutual covenants of the parries hereto, Ten Dollars ($10.00) and other good and valuable consideration exchanged among each of rl~e parries, receipt and sufficiency of which is hereby acknowledged by each party.., the parties agree as follows: 1. RECITALS INCORPORATED. incorporated herein. The above recitals are true and correct and shail'be- · :..' .; J'~; .~,~ L~,Z.;'~ ....' ........~-.--'~:~ - ~ 2. LEASED PROPERTY. The Lessor shall lease to the Lessee all of the utility. facilities ~escfibed hereto and located on the lands described in E,'d~hbit "A" 3. TER.M. The term of the lease shall be ten (10) years. At the end often (10) years, the lease shall be automatically renewed for successive five (5) year terms, unless terminated by either party, as herein provided. 4. RENT. The Lessee shall pay the Lessor the sum often Dollars ($10.00) per year as rent under this Agreement. Rent shall be paid upon submission of a statement by the Lessor to the Lessee, and shall be paid yearly at the offices of the Utility Department of the Lessor. 5. TERMINATION. Notwithstanding any other provisions oft he Agreement, the parties agree that this lease shall terminate at such time as the Lessor undertakes to provide the treatment service for the Project. 6. OPEKATION OF TREATMENT FACILITY. During the period of this lease, the Lessee agrees that it or a wholly owned subsidiary shall provide treatment services to the Project, provided all initial connection fees and user rates are paid. The Lessee further a~ees that so long as it provides such services, it will charge utility, rates approved and regulated by the State of Florida Public Service Commission. 7. ST~NDARD OF ~MAINTENA_NCE. Lessee shall maintain all utility. facilities, including but ~-~ not limited to, all transmission, collection, distribution and treatment facilities, at standards equal to the maintenance standards for comparable utility r~citities maintained by the Lessor. 8. FACILITIES TO BE i'N GOOD WORKEN'G ORDER UPON CONNECTION 'TO OFF-SITE SYSTEM. Lessee shall be solely responsible to have all utiIity facilities subject to this Agreement in good woddng order and in compliance with all County, State, and Federal requirements when the facilities are conveyed to the Lessor and are connected to the Lessors off-site utiIity facilities. At no cost to the Lessor, Lessee shall conduct and provide to the Lessor an environmental audit, together with a written declaration from an environmental consultant acceptable to the Lessor, which verifies that the facilities subject to this Agreement are in compliance with all applicable Stare and Federal environmental laws, and that the facilities and property. surrounding the facilities are free of unlaxvful contamination. The environmentai consultant shall demonstrate its qualification to the satisfaction of the Lessor prior to commencing the environmental audit. Its qualification shall be presumptively established if the project manager is a professional engineer who is registered and in good standing with the State of Florida, or a certified environmental professional by the National Association of Environmental Professionals or some other 2ke national professional organization. The Lessor's acceptance of the environmental consultant shall not be unreasonably withheld. At least ninety (90) days prior to the connection of the interim utility. system the Lessor's off-site utility system, the Lessor shall notif-y the Lessee to commence the environmental audit. The failure of the Lessor to give timely notice to the Lessee or acceptance by the Lessor of any interim utiiity system in the absence of receipt of the negative declaration, shall not relieve the Lessee or' any obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and the response costs for clean-up, removal and remedialion, if any, which shall be borne solely by the Lessee. 9. 24SURANCE. Until such time as the interim utility system serving the Project ~_ia cormected to the off-site utilirv facilities operated by the Lessor, Lessee shall provide and pay for all propcrrv darnatet,,~ and liability insurance for the entire utility system servicing the Project, including, but not liknited to, 5ood damage insurance for any lift, eductor or pump station facilities. However, as be~veen the Lessee and the Developer, it is agreed that the Developer shall reimburse the Lessee, upon demand. for any expenses associated with insuring the utility. facilities subject to this lease. Lessee shall provide the Lessor upon each renewal of the required insurance policies or inclusion of additional facilities under this Agreement, with a Certificate of Insurance evidencing coverage tbr the full replacement value of the entire utility system which services the Project, and showing the Lessor as an additional insured for any interim utility. facilities ultimately necessary. for connection to and operation of the Lessors off-site utility. system. 10. GUARANTEE BY DEVELOPER. The Developer shall have the responsibility. for repairing and/or replacement of defective materials and guaranteeing all facilkies covered by this Agreement for a period approximately of one year from date of preliminary acceptance by Lessor. Further, at the end of the guarantee period it shall be the responsibility. of Developer to prepare all facilities for final respection by the Lessor at no expense to the Lessor. 11. BD,rDING EFFECT. This Lease shall be binding upon all of the parries to this Lease, their successors and assigns. rN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the date and year first above written. [Lessees witness and signature block - See Instmc~on No. 3] [Developers w/mess and signature block - See Instruction No. 3] ATTEST: · Clerk LESSOR: BOARD OF COb~NTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLI_ER COU~'TY AN'D AS EX-OFF!CIO THE GOVEI:CNTNG BOA2:LD OF THE COLLIER COUNTY WATER-SEWER. DISTRICT Approved as to form and legal sufficiency: By: Chairman Assistant County .Attorney [Lessees acknowledgment and notary. block - See Instruction No. 4] [Developers acknowledgment and notary block - See Instruction No. 4] STATE OF FLORIDA --trOUNTY OF COLLIER 114-EREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County. aforesaid to take acknowledgments, personally appeared , well known to me to be the Chairman of the Board of Count'y Commissioners, Collier County, Florida, As The Governing Body of Collier CounW and as Ex-Officio the Governing Board of The Collier County Water-Sewer Distr/ct, being authorized so to do, executed the foregoing [insert exact name of [nstmment] for the purposes there/.n contained under authority duly invested by the Board of County Commissioners, and that the seat affixed thereto is the true seal of sail Board. WITNESS my hand and official seal in the County ~d State lass' aforesaid this day o f (Notariai Seal) Notary Public Mv Commission Expires: Prepared by: [name of person preparing th/s instrument] [address of person prepanng this instrumen[] .-.TC Plfo rm sl 10116 Form 12 - Rev. 01/00 (Final Attorney's Affidavit) Utilities Acceptance -Doc. #320 FINAL ATTOP~NEY' S ,~F~r ~ ~' STATE OF C OU~'qTY OF BEFORE ~LE, the undersigned authori~, personally on this ., 4-9 , appeared having been sworn and under oath, deposes and states: day of ., who to me is well lmown, and 1. My name is I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar # , authorized to practice law in Ftor/da and am practicing iaxv in the State of Florida. My business address is · My business telephone number is My business mailing address is 3. This z&ffidavit is Oven as an inducement to the Board of County. Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to conduct a final inspection of [identify type of utility. faciliw bv inserting water, or sewer, or water and sewer] utility facilities located within or upon the real property descsbed in the attached Exhibit "A." which is incorporated herein by reference, said !and bein~ located in Collier County, Florida. The :~ffiant has examined record title information tO bo~ the real and personal prope:~. referenced in this affidavit, including but not limited to, in£onuation requested from the Florida Secretact of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the utility facilities described herein is the Board of County. Commissioners of Collier County, Florida, as the Governing Body of Collier County and. as Ex-©fficio the Governing Board of the Collier County Water-Sewer District (hereinafter "County"). The County acquired its record interest by [insert exact name of each instrument] recorded at Official Records Book ., at pa~e [insert official record book and f~rst page of each instrument where owner acquired tidei ~if a utility easement was also acquired continue sentence and add: together with an appurrenant utility. easement recorded at Official Records Book, pa~e ] Public Records, Collier County, Florida (copies attached). 6. Subsequent to the time that the County recorded its interests in the subject ,atiliv faciiir/es and, if applicable, easement, as specified in para~aph 3, above, no interest of the County in the subject utility facilities and, if applicable, easement, is encumbered of record by any document filed by or on behalf of the landowner (or predecessor in title to the underlying real estate in the Public Records of Colher County., Florida, and/or the Office of the Secretary of State. 7. Affiant further states ~at the information contained m rkis z-~idav~t current as of the date of the recordation of the recorded documents referencea herein whmh ~nvevect or =oranted the subject utility facilities and/or easement interests to the County. [.INFORMATIONAL NOTE: Per Ordinance the date of this Affidavit must not be si_maed and dated more than sixty (60) days odor to the meetin~ at which the Board of County Commissioners considers the acceptance of the subiect utility facility documents.] FURTHER AFFIAxNT SAYETH NAUGHT. DATED this day of , -I--9. Affiant Signature Affiant Printed Name [No witnesses required] [Notary, block] - SUBSCRIBED AND SWORN to before me this __day of -1-9 , by (insert name of person takine the oath), who is personally known __ identification ~ Type of identification produced OR produced Notary. Public My Commission Expires: Notaw Printed Name Prepared by: [name of person preparing this instrument] [address of person preparing this instrument] TCP/formst10115 :-~PPENDIX B - CONVEYANCE DOCUMENT CHECKLIST CHECKLIST WATER )d'qD/OR WASTEWATER FACILITIES ACCEPTANCE PROJECT Date Legal Documents 1. Utilities Performance Security (UTS) 2. Copy of Recorded Condominium/Homeowner's Association Documents 3. Utilities Facilities Subordination Consent and Joinder (Required when a Mortgage is Involved) 4. UCC-1 and/or UCC-3 Forms (if not covered by Item 3) above 5. Attorney's Affidavit 6. Owner's Affidavit 7. Utility Easement and Copy of the Grantor's Deed for the Associated Real Properry 8. Warranty Deed and Bill of Sale 9. __ I.D. Number or Folio Number of Property 10. Facilities Lease when applicable 11. Facilities Lease (including Sub-Developer) use form f0.1 12. Final Release of Lien from Utility Contractor for the Facility(ies) constructed. 13. Legal Description, if Utility Easements required, with Surveyor's Sketch of Easement. Submit four (4) signed and sealed copies of each easement. Easements not required if all facilities are installed in existin~ CUE's. 14. Two (2) Copies of Recorded Plat 15. Engineer's Final Payment Confirmation. G/Ordinances'Appendix B - Conveyance Document Checklist 07/1~00 - I - CHECKLIST WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE Tests. Certifications and Supplemental Documents 10. 11. 12. 13. 14. 15. 16. 17. G:/Orelinancel~Appendix B - Conveyance Dot:umcnt Checklist 07/12/00 Certification of pressure testing of water mains by Engineer of Record Certification of pressure testing of sewer force mains by Engineer of Record Certification of the inflow/infiltration tests for the sewer lines by Engineer of Record Bacteriological clearance (DER Certification) for water facilities and DER placement in service letter for sewer facilities and interim water and/or sewage treatment facilities, where necessary. Lab results on bacteriological test for water mains Up-to-date list of customers and/or owners of individual lots Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements. Payment of water usage, laboratory and administrative charges for filling and flushing and bacteriologically certifying water mains from invoice prepared by the Utilities Division. (Obtain pa.vrnent data from Utilities Division Finance Department) Electrical Contractor's certification on Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications One year (1) warranty for work from Utility Contractor Video tape of ~avity sewer facilities constructed Certification of field fire flow capacity testing by the Engineer of Record Letter from Fire District regarding ownership and maintenance of fire hydrants Lift station(s) startup report(s) Letter from Compliance Services Section certi~ing that the Final Inspection reveals that the Utility Facilities have been constructed in accordance with County Ordinances and regulations Test and certification ofbackfiow device by the Collier County Cross Connection Control Section, Collier County Utility Division prior to placement of device in service. Coating certification from the manufacturer or a professional testing l~;'~t~rv~_o~' ~ ~ .......-:i the manholes, wetwells and dry wells. ~ ...."~ ......~' '¢('~'-)'~t r 2. 3. 4. CHECKLIST WATER AND/OR WASTEWATER FACILITIES ACCEPTANCE Engineering Documents 1. Five (5) complete sets to include all utilities and all related underground work sit, ned and sealed by the Engineer of Record for water OR sewer facilities 2. Seven (7) complete sets to include all utilities and all related underground work simaed and sealed by the Engineer of Record for water AND sewer facilities 3. One (1) set of reproducible mvlars of record drawings 4. Verification of final cost (detailed; quantities, sizes, unit cost, total cost, etc.) 5. For all computer generated construction documents, one (1) disk of the master site plan including CUEs and water and/or wastewater facilities. The disk shall be in accordance with Utility Division's layer standards and file format. G:lOrdin~nc~App~ndix i~ - Convcyanc~ Docurmmt Ch~l~list 07/12J00 -3- WASTEWATER, EFFLUENT, AND WATER SYSTEM DETAIL DRAWINGS INDEX Collier County Water, Wastewater and Effluent Details Detail Number W-1 W-2 W-3 W-4 W-5 W-6 W-7 W-8 W-9 W-10 W-11 W-12 W-13 W-14 S-1 S-2 S-3 S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-11 S-12 S-13 S-14 S-15 S-16 E-1 E-2 E-3 E-4 M-1 M-2 M-3 M-4 M-5 M-6 M-7 Drawing Number W-1 .dwg W-2.dwg W-3.dwg W-4.dwg W-5.dwg W-6.dwg W-7.dwg W-8.dwg W-9.dwg W-10.dwg W-11 .dwg W-12.dwg W-13.dwg W-14.dwg S-1 .dwg S-2.dwg S-3.dwg S-4.dwg S-5.dwg S-6.dwg S-7.dwg S-8.dwg S-9.dwg S- 10.dwg S-11 .dwg S-12.dwg S- 13.dwg S- 14.dwg S-15.dwg S-16.dwg E-1 .dwg E-2.dwg E-3.dwg E-4.dwg M-1 .dwg M-2.dwg M-3.dwg M-4.dwg M-5.dwg M-6.dwg M-7.dwg Title Temporary Blowoff Assembly w/Bacterial Sample Point Detail Automatic Watermain Flushing Device Fire Hydrant Detail Connection to Existing Water Main Detail (Gap Configuration) Air Release Valve Detail (Potable Water) Permanent Bacterial Sample Point Detail Dead-end Fire Hydrant Detail Fire System Detector Check Assembly Detail with no Connections Permitted Downstream (2" & 3") Temporaw Backflow Preventer and Fire Protection Meter Tie-in Assembly Fire System Detector Check Assembly Detail with Connections Permitted Downstream Fire System Detector Check Assembly Detail with no Connections Permitted Downstream (4" & over) Typical Water Service Meter Setting Detail for Connection to Water Main Domestic Water Meter Assembly Detail (3" & over) Domestic Fire and Water Meter Assembly Detail (3" & over) Force Main Connection to Gravity Sanitary Sewer Detail Private Force Main Connection to County Force Main Detail Precast Reinforced Concrete Manhole Detail Shallow Manhole Detail Drop Manhole Detail Manhole Ring & Cover Detail Pump Station Detail - Profile Pump Station Detail - Plan Control Panel Detail Sewer Connection Details (property, r/w or easement line) Sewer Clean-out Detail - Paved Areas Sewer Clean-out Detail - Non-paved Areas Force Main and Effluent Main Air Release Valve Detail (over 40" cover) Force Main and Effluent Main Air Release Valve Detail Typical Flow Line Channels Detail Double sewer cleanout Detail Standard Reuse Meter Assembly Service Connection Special Reuse Meter Assembly Service Connection Elevation A1 and Mounting Detail Typical Irrigation Service Meter Setting Detail for Connection to Irrigation or Effluent Main Unpaved Area Trench Backfill Detail Paved Area Trench Restoration Detail Crossover Detail Pipe Conflict Detail Jack and Bore Detail Thrust Block Detail for Existing A/C Pipe Typical Valve Setting Detail Revision Date 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/OO 3/23/00 3/23/00 3/23/OO 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 W = potable water details S = sanitary sewer details E = effluent/irrigation details M = miscellaneous details INDEX Collier Counb~ Water, Sewer and Effluent Details ;tail. Drawing Number Number Title 'w-i ...........'W-i~-dWg Temporary Blowoff Assembly w/Bacterial Sample p0intDetail v~'~2 .........~/Z~-.d~ ....Aut(~matic ~Vatermain iSJ ~J'~{i-n-g-'D evice VV-3 W-3.dwg Fire Hydrant Detail W-5 Ws.dwg Air Release Valve Detail (Potable Water) W-8 W-8.dwg Fire System Detector Check Assembly Detail with n0"~0nnections Permitted Downstream (2" & 3") W-9 W-9.dwg Temporary Backflow Preventer and Fire Protection Meter Tie-in Assembly Downstream 'W-11 W-11.dwg Fire System Detector Check Assembly Detail with no Connections Permitted Downstream (4" & over) W-i~ ...........W2~ ~d~' -'T~jpic'al"~/~terservice i~i'eter s'e~t~i Detail for-connect-ior{ 'to'Water Main W-13 .VV-!.~.d~g,_ D.o. mest!c water M_e__t.e,r' A_ss,e_m_b.!_y Deta!l.(_3" & over) W-~4 W-14.dwg Domestic Fire and Water Meter Assembly Detail'(3~& over) S-2 S-2.dwg Private Force Main Connection to County Force Main Detail S-3 sz3.dwg Pre_ca~t Reinfomed~, Co_n~[e_t~ Manhole Deta!l "'S-4'" S-4.dwg Shallow Manhole Detail ,-S-5 S-5.dwg Drop Manhole Detail i~ .... '~:6-~J'W~]Ma~h01e Ring & ~over'Detaii .... $-7 S-7.dwg Pump Station Detail- Profile -'S-8 ....~L~.d-w~ Pump station Detail':' Pi&n~ s-9 s-~:dwg'~'control Panel Detail S-10 S-10.dwg Sewer Connection Detai'is(property, r/w or easement Jine) S-11 S-11.dwg Sewer Clean-out Detai!.Z ~aved., ,A, rea, s. s-i2 S-'12.dwg Sewer Clean-out Detail o Non-paved Areas S-13 S-13.dwg Force Main and Effluent Main Air Release V_alve Detail (over 40" cover) s'14 ~-14.dwg Force Main and Effluent Main Air Release Valve Detail S-15 S-1.5.dwg Typical Flow Line Channels Detail ,~Li6 S-16.dwg Double sewer clean0u't'~etail E-1 E-1 :d_w_gstan. dard Reuse Met. e_r._As_S.~.bly service connection -~'-~ E22.dwg Special Reuse Meter Assembly Service cc~mie'~ti0n E-4 E-4.dwg Typic~ai i'rrigation Service Meter Setting Detail ~o~: c0~necti0~ to irrigation or Effluent Main ~i~-'2 ........M-2.dwgPaved Area Trench Restoration Detail M-4 M-4.dwg Pipe Conflict Detail M-5 M-5.dwg Jack and Bore Detail M-7 M-7.dwg Typical Valve Setting Detail Revision Date 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 ' 3/23/0'0 3/23/00 3/23/00 3/23/00 3/~.3)00 ' 3/23~00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/OO 3/23/00 3/23/00 3/23/O0 3/23/0O 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/23/00 3/~3J00 3/23/00 3/23/0~ 3123/00 ' 3/23~00 3/23/00 potable water details sanitary sewer details effluent/irrigation details miscellaneous ~etails 'PAVED 18" X 18' x 6' CONC. COLLAR--.~ 2 ~4. BARS CONTINUOUS ~ AN0 4 i~4 BARS D~,C.,ONAL ~ PAVEMENT _1_ NON-PAVED AREAS FINISHED GRADE M.J. RETAINER GLAND-~ W/ RUBBER SEAt. EXTEND BLOWOF~' ABOVE FINISHED GRADE TAJ:3PED CAP W/ HOSE GIBe OR 18 PvC P~PE (C-900 OR 14 PVC PiPE IN PAVED AREAS.) PIPE SHALL NOT BEAR ON VALVE OR WATER MAIN. SIZE GATE vALVE MECALUG M.J. RETAINER GLANDS (TYP.) Id.g. 45' ELBOW WITH MEGALUG Id.J. RETAINER GLANDS. (TYP.) SIDE VIEW TEMPORARY BLOWOFF ASSEMBLY W,/ BACTERIAL SAMPLE POINT DETAIL N.T.S. VALLEY GUTTER EDGE OF PAVEMENT PROVIDE A ~' DIAM BRASS ANCHORE0 IN C0NCRErE C01_LA~ 18' X I E' X 6' CONC COLLAR 2 J4. ~J~S CONTINUOUS AND ¢ //4 ~&RS DIAGONAL AUTOMATIC FLUSHING 0EVICE BASE [R.O.W. MIN. FLUSHING DE-~CE UNE OR 18 PVC PIPE (( DR 14 PvC PIPE iN PAVED AREAS.) PiPE SHALL NOT BEAR ON VALVE OR WATER MAiN WATER DIAMETER CURE) STOP WITH vALVE BOX & COVER BRASS SUPPLY PIPE ud TAPPED CAP W/2' THREADED TAP. uEC. ALUO u.u. R~AI.eR NOTE: 1. PIPIN(~ SI-I~M./ B[ INST~.L[D UP TO ~' CUR8 STOP w/ VALVE BOX & COVER AT TIME OF ~N INSTALLATION. 2, AUTOMATIC FLUSHING D~ICE SHAI. L E)E INSTALLED WITHIN 50 DAY~ OF WAIN INSTALLATION. AUTOMATIC WATERMAIN FLUSHING DEVICE DETAIL N.T.S. REVISED: 05,/23/00 PROVIDE A 5' DrAM BRASS DiSC ANCHORED IN CONCRETE COLLAR 0R 18 PVC PiPE (C-900 ~ DR 14 PVC PIPE IN PAVED~ AREAS.) PiPE SHALL NOT BEAR ON VALVE OR WATER MAIN.~ 18' X 18' X 6' gONG COLLAR-~ 2 ~14 BARS CONTINUOUS AND 4 ~4 E)~RS DDMSONAL CONTRACTOR SHALL CONTACT LOCAL FiRE DISTRICT ROR PAINT COLOR AND HYORANT SPECiFiCATIONS 2' &4iN OF WAY LINE OR SIDEWALK I~SE§E' MIN. _ PLANS - CURB, CUi-rER,J OR EDGE OF PAVEMENT WATER MAIN TEE OR HOT TAP SUPPLY WITHOUT DRAIN OR PLUG ORaN OPENING BEFORE OR lB PVC PiPE (C-g00 DR 14 PVC PIPE IN PAVED AREAS.) BREA~WAY FLANGE THICK X 24' SQUARE CONCRETE BRF~AK SLAB WITH REQUIRED .MECALUG M.J. RETAINER GLANDS CONCRETE THRUST BLOCK (5 cu.ft.) NOTES: 1. HYDRANT MUST BE CURRENT YEAR MANUFACTURE AN0 YEAR OF MANUFACTURE MUST BE CAST ON BARREL. 2. ALL EXISTING MAINS WHERE FIRE HYDRANTS ARE TO 8E INSTALLED SHALL BE HOT TAPPED 6' TO 12- TAPPING SA~)0LE MAY BE EITHER STAINLESS STEEL OR O.I, AT ENGINEER OPTION. ALL TAPPING SADOLES OVER 12' SHALL BE O.I. UNLESS PIPE MATERtAL IS ASBESTOS CEMENT, IN WHICH CASE STAINLESS STEEL WILL 8E USED. ALL FIRE HYDRANT BARRELS SHALL BE 5-1/4'. 5. ALL FIRE HYDRANTS INSTALLED SHALL BE OF THE BREAK FLANGE TYPE AN0 MEET THE REQUIREMENTS OF THE LOCAL FIRE CONTROL DISTRICT. 6. HYDRANT SHALL CONFORM WITH AWWA FIRE HYDRANT DETAIL N.T.S. REDUCED PRESSURE BACKFLOW PREVENTER ASSEMBLY~ SUPPLIED WITH AMMONIA & CHLORINE RESISTANT SEAT~ AND SlUCONE RUBBER SEALS. ASSEMBLY SHALL COMPLY WITH AW~/A M-14 STAN[~&ROS. APPROVED D~/ICES: HER~EY, FEBCO. CONBR.&CO, WILKINS, ZURN, AND WATTS. )~ FLOW SCHEDULE BO PVC (TYP. ~ PIECE INST~LEO ~OR Fl~ CONNECTION 1 OR ~T mR~ T~P)NC ~D~ HOTES: 1. ~ CONNEC~ON TO 8E WITNESSED ~ CO~IER COUN~ O~LOPMENT SLICES D~S~ON. 2. BLIND F~GES TO BE PROPERLY RESINED. 3. INSTIL JUMPER T~ ~TEM FOR TEM~ M~R OOWNSTR~ BUNO F~GE FOR CONS~UCTION WATER. 4. ~ TO l~ T~PING ~0~ ~Y BE EITHER STNNLESS S~EL OR CJ. AT ENCINEERINO OPTION ~ T~PING ~O~S ~R 1~ S~L 8E C.I. 5. JUMPER ~SEMBLY MUST BE MINIMUM OF 1~ ~ FINISHED 6. ~KFLOW ~SEMBLY REQUIRES INIT~ CERTIFt~TION ~ CERTIFIEO ~KFLOW ~STER. 7. THIS ~SEMBLY S~ ONLY BE USEO IF NO COMBUSTIBLES ~LL BE ON SITE. IF COMBU~BLES ~E BROUGHT ON SITE. ~EN ~E TEMPO~ ~K~OW PRiNTORS ~ FiRE PRO~C~ON M~ER ~E-IN ~SEMBLY S~L BE USED. CONNECTION TO EXISTING WATER (.GAP CONFIGURATION) N.T.S. MAIN DETAIL RE%qSED: 05/23/00 z ~% Pvc STREET 1' BRASS P~PE MODEL C.C, WATER DEPT, SIGNATURE SERIES PEDESTAL HOUSING P/N SPH 12122C10000W COLOR - DARK GREEN POST WITH S.S. HARDWARE AND S.S. LOCKING HASP WITH BRASS LOCK - KEYED FOR COLLIER COUNTY MPIRE SPECIALTY COMPANY (MOOEL ~945) 80 NIPPLE BRASS CORP. STOP (MUELLER H--10046 OR McDONALD 4104 WiTH COUPLING AS NECESSARY,) MIN. BRASS ELBOW (~P.) 1' BRASS CORP. STOP (MUELLER H-10046 OR McDONALD 4104BF) DOUBLE STRAP TAPPING SADOLE BRASS. WATER M~dN AIR RELEASE VALVE DETAIL (POTABLE WATER) N.T.S. W-5 REVISED: 05/2,3/00 RIGHT OF' WAY LINE OR SIDEWALK /---- ~PLING STATION. /THE KUPFERLE FOUNDRY CO. /ECLIPSE NO. 88 WITH 4" X 4' REINFORCED'~ ./ I/4' PET COCK AND BRASS CONCRETE POST ~ ~ STANDPIPE 1/~' STNNLESS STEEL~ ~ ~C.ORS 2-~/~ ~ON~--'N ~\ TO ROADWAY BURY LENGTH ~ ~/'" ' SHOULD aE 1/2 ~ ~ I ~ ~ ~/,. POLYETHYLENE m mm mml WATER SEaICE ' .~~ TUBING ..' COUPUNC W~H S.S. ~NSERT ~0 FORD DI~E~ ~ ~ITH FO~D F1001 S~O~, PERMANENT BACTERIAL SAMPLE POINT DETAIL N.T.S. REMSED: 03/23/00 PROVIDE A .~ DL~.I BRASS DISC ~ ANCHORED IN CONCRETE COL!_AR~ 24' 18" x ~8' x 6' CONC COLLAR ---% 2 ~4 ~RS CONTINUOUS ~ ~ ~ = R.0.W. LiNE AND · ~ E~a~S D~ONAL ~ ~X ]' 'F ~TRAFFIC VALLEY GUTTER OR--'~ X, ~ ~g~l / I BREAKAWAY 0R 14 ~ PIPE AR~.) PiPE S~L NOT B~ ~ /'~ ~% 4l~l& 41~ '' BEFORE ~ / ~ ~ INSTAL~TION WATER ~N~ DR 18 ~C PIPE (C 900 OR ,4 ~C P,PE ,N PA~D ,~~ ~.) CONCR~E THRUST BLOCK (5 cu.ft.) NOTES: 1. HYDRANT MUST BE CURRENT YEAR I~ANUFACTURE AND aUST BE CAST BARREL AS TO YEAR OF MANUFACTURE. 2. ALL EXISTING MAINS WHERE FIRE HYDRANTS ARE TO 8E INSTALLED SHALL BE HOT TAPPED. 5. VALVE BOX RISER SHALL NOT BEAR ON VALVE OR PIPE. DEAD-END FIRE HYDRANT DETAIL N.T.S. ii; ~T.. / i , W-7 REVISED: 03/2.'3/00 CONC. FDN. (TYP) FULL LENGTH OF ~ETER ASSEMBLY~../ 4" WIDE. 6" THICK ~ ~ E'XE' ,OXiO WELDED WIRE blESH ~ ~_ CX k~d.E AOAPTER DOUBLE CHECK ASSEMBLY, SUPPLIED WITH AMMONIA AND CHLORINE RESISTANT SEATS AND SIUCONE RUBBER SEALS. UL/FM APPROVED, FOR FIRE SERV1CE INSTALLATION. APPROVED DE~qCES: FEBCO. COMBRNCO, WATTS WILKINS, ZURN. OR EQUAl_ FLANCEO CATE VALVE wlTH RtSING STEM AND RESILIENT SEAT (~ICAL) 2 PLACES 2 1/2' X 2" REDUCING FbkNGES BRASS FEMALE X STREET ELL CX M, ALE ADAPTER BRASS 18' MILL FK)LYWRAP PLAST~ ALL PURPOSE SHEERING, DOUBLE LAYER, CONSTRUCTION GRADE [o FL OW~._ ~l THIS DETAIL CONSTrrtJTES MINIMUM STANON:JDS. DESIGN ENGINEERS SHALL PROV1OE STANOARDS EQUAL TO OR GREATER THAN THESE. ,3' TO 4' CONC ~ 9(7 CX FEtE ELL CUSTOMER SE~CE LINE 9(7 CX FEk4ALE ELL NOTES: 1. CONNECTIONS REFER TO AN)' OUTLET PERMITTING ACCESS TO ~NTERI~m,L FIRE SYSTEM (l-erOR, md~lTs. ETC.), 2. ASSEMBLY WILL BE OWNED AND MAINTAINED BY PROPERLY' OWNER. STARTINC FROM THE WATER MAIN TAPP1NG SADOLE. 5. BACKFLOW OEVICE REQUIRES INITIAL CERTIFICATION BY AN APPROVED, CERTIFIED TESTER. WITH RESULTS AND ANNUAL TEST RESULTS SUBMIITED TO THE COUNTY WATER DEPARTMENT. 4. ALL PLANTING SHALL RE A MINIMUM OF 3' FROM EDgE OF SLAB, AND SHALL PROVIDE A 5' ACCESS OPENING. 5. THIS ASSEMBLY SHALL BE PAINTED WITH RED EPOXY PAINT. FIRE SYSTEM DETECTOR CHECK ASSEMBLY DETAIL WITH NO CONNECTIONS PERMITTED DOWNSTREAM C:' W-8 REVISED: 03/2.3/00 1 I/2- RPZ A.~SEMBLY, SUPPLIED w/ AMMONIA---% &: CHLORINE RESISTANT SEALS AND SILICONE RUBBER SEALS UL USTED/FM APPROVED PRESSURE GAUGE '--X ~ ~ j ~ ~ ~' -- ~-- 12' SP~L PIECE ' ~P~S METER RPZ ~SE~BLY, SUPPLIED W, TH A~ON~ ~ CHLORINE RE~IST~T S~TS ~D SlUCONE RUBBER S~. ~xl-1/~ NEPTUNE PROTECTUS Ill OR UL LISTED/ UL USTED/FM ~PR~D, FOR FIRE SE~ICE FM APPRO~D EOU~ (FACTORY ~SEMBLED) INST~TION ~ REQUIRE0 BY COUN~ OROI~CE ~ (WITH TOP ACCESS STONER ONLY) ~0 A~A M-14. ~PR~D D~CES: FEBCO. / 1 ~ ~ ~ / ~ ~F~GED ~TE V~ WITH RISING ~ I ', ~ ~ ~ 1~ SPO0~ PIECE ~ ~l 1/~ TAP ~x'x~:k RET~NER o~os ~" k~'-~IN SIZE PER NOTES: UTILITY PLAN I. ALL ABOVE GROUND PIPE SHALL BE FLANGEO END D.I.P. CLASS 53. ALL NUTS AND BOLTS SHALL BE STNNLESS STEEL. 2. WATER MAiN EXTENSION AND ASSEMBLY IS REQUIRED TO BE FLUSHED. CHLORINATED AND G~VEN BACTERIAL CLEARANCE BY THE WATER 0EPARTMENT LAB BEFORE PLACEMENT tN SERVICE. 3. BACKFLOW UNIT AN0 METER REQUIRES INITIAL CERTIFICATION FOR OPERATION AND ACCURACY WITH RESULTS AND ANNUAL TESTS SUBMll~ED TO THE COLLIER COUNTY WATER DEPARTMENT. 4. INSPECTIONS ARE REQUIRED FOR SY~JTEM TIE-IN AND ASSEMBLY CONNECTION. 5. THIS ASSEMBLY SHALL BE PAINTED WITH RED EPOXY PAJNT. ~.t~JN SIZE PER- UTILITY PLAN AND TEMPORARY BACKFLOW PREVENTOR : FIRE PROTECTION METER TIE-IN ASSEMBLY' N.T.S;; ,.': i / ~ REVISED: 05/25/00 050.1 REVISED: 03/23/0~ 'NIM .: L RE'~SED: 03/23/0( -- WATER MULTIPLE jTDUCTILE ~RON TAPPING SADDLE w/ GALVANIZED STRAPS 1½' CORPORATION STOP 1 ½" POLY-TUBING ·FORO' SERVICE WYE LOT TYP. 1' POLY-TUBING MULTI-SE~CE CONNECTIONS WILL ONLY BE ALLOWED SE~CE FOR TWO SINGLE FAMILY LOTS CURB R.O.W. LINE METER BOX (TYP) POTABLE POTABLE LOT LINE METER SERVICE CONNECTIONS N.T.S. FINISHED GRADE ~ ~ R.O.W. LINE A~PHALT PAVING ~ ~ I \ co.c. s,Q ALK- ~/ . x 4' SCH ~0 ~C CONDUIT~ /~ ~ ~ ~ D~TILE IRON T~PfNG " ~ ~OLE W/ ~v~IZEO ST~S NOTES: 1. 'FORD' CONNECTORS Y 44-264 OR APPROVED EQUAL SHALL BE USED FOR MULTI-SERVICE. SUCCESSIV~ TAPS iNTO WATER MAiN WILL BE NO CLOSER THAN 12- APART, 2. ALL C.A~ING PIPE SHALL EXTEND A MINIMUM OF 5' BEYOND THE EDGE OF PAVEMENT, WITH A CASING DLAMETER TO BE NO LESS THAN 4' CONOUIT SHALL BE MARKED WITH A .~M MAGNETIC MARKER. ~. TAPPING ~DDLE, CORP. STOP, POLY TUBING, CURB STOP, AND METER BOXES SHALL BE INSTALLED BY UNDEROROUNO UTILITY CONTRACTOR AT THE TIME OF WATER MAJN INSTALLATION. 4. MATERIAL SPECIFiCATiONS o. TAPPING SAODLES: SADDlES SHALL BE DUCTILE DOUBLE STRAP OR BRASS DOUBLE STRAP A_~ MANUFACTURED BY FORD F202 OR 202B OR APPROVED EQUAL. MiN. SADDLE SIZE lJ'. b. CORPORATION STOPS: SHALL BE E~ALLCORP AND MADE OF REO BRASS - OUTLET - COMPRESSION TYPE FOR POLYETHYLENE TUBE AS MANUFACTURED BY FORD FB 1000 OR APPROVED EOUA~ COMPRESSION INSERT - SHALL BE STNNLESS STEEL c. CURB STOP - BALL VALVE: SHALL BE MADE OF RED BRASS - INLET - PACK JOINT - OUTLET - SWIVEL NUT FOR METER CONNECTION AS MANUFACTURED BY FORO-B 4.~-544 OR APPROVED EQUAL d. TUBING: SHALL BE POLYETHYLENE, PE3408, ~AW'ItA C-901, SDS 9-200) & BLUE iN COLOR. SIZES SHALL BE 1- FOR .3/4' ~ 1' METERS. ANO 2- FOR 1 1/2' TO 2' METERS. e. METER BOXES: 3/4' TO 1' METERS = BROOKS MODEL ~1015-12-5 OR APPROVED EQUAL. CAST IRON R~.AD LID I ~./2' TO 2' METERS = BROOKS MODEL ~11220-12 OR APPROVED EQUAL. ~AST IRON READ LID TYPICAL WATE R SERVICE -~ METER 80x---~ ~ "~ // GATE VALVE ---~ \ ~ DOUBLE CHECK , \ \ '~ . ,/ BACKFLOW PREVENTER\ \ \ '/ GATE VALVE -~ \ \\ ~ ' ' METER m ~ ~ ~ ~ ~ , ,' ~E STONER . ~ CURB ~HED STONE METER ETTING .......... W-12 WATER MAI DETAIL FOR CONNECTION TO N.T.S. BYPASS TO BE SIZED BY ENGINEER WITH ONE HALF THE METER SIZE OF THE PRIMARY LONG SPOOL CONC. FNON. ( TYP. ) FULL LENGTH OF METER ASSEMBLY ~ VxVIDmE., E' THICK REINFORCED 10/10 WELDED WIRE MESH. MERSEY COMPOUND WATER METER WITH STRAINER (TOP ACCESS) UL LISTED & FM APPROVED, FUSION BONDED EPOXY LINED VALMATIC AIR WITH CORP. STOP BRASS NIPPLE PRESSURE PRINCIPLE BACKFLOW PREVENTOR ASSEMBLY, SUPPLIED WITH AMMONIA & CLORINE RESISTANT SEATS AND SlLCONE RUBBER SEALS. UL LISTED AS RE- QUlRED BY COUNIg' ORDINANCE AND AV~n~A M-14. APPROVED DEVICES: FEBC0, CONSRACO ~0 WILKINS, ZURN, & WAI-('S SPOOL PIECE. 45' WITH GLANDS '~ [M,J. RETAINER MECALUG--% TYP.) CATE VALVE WITH RISING STEM & RESILIENT SEAT (TYP) PIPE AS REQUIREO 4.5' OR 90' WITH MEGALUC M.J. RETNNER N,IAJN SIZE PER UTILITY PLAN · i 12" MIN. ABOVE SLAB TO RPZ NOTES: ouMP ,ORT ,. ALL ABlE GROUND P,PES W,,L BE r~CED ENO 0.,.P. C~S S~. ALL NUTS · BOLTS S~LL BE STAINLESS STEE~ 2. (4) ~HICU~ GU~D POSTS TO BE INSTALLED AROUND METER. CONFIGU~TION TO BE ILjust~TED ON CONSTRUCTION DOCUMENTS SUBMimED FOR R~ ANO ~PR~AL. 3. THIS ~SEMBLY IS PERMI~ED FOR DOMESTIC SE~CE ONLY. 4. ~ THIS UNIT WiLL REQUIRE PERIODIC TESTING, F~ILI~ES REQUIRING CON~NUOUS WATER SE~CE ~Y WISH TO INSTIL PA~LLEL UNITS OR FULL SiZE ~P~S[S TO PRINT SE~CE INTERRUPTIONS. 5. ~CKFLOW UNITS REQUIRE INIT~L CERTIFI~TION BY CERTIFIED ~CKFLOW TES~R ~0 TEST RESULTS SUBMI~ED TO THE COUNW WATER DEPARTMENT. COUN~ WILL REQUIRE DEDI~TION OF ALL ~0~ GROUND ~TER~ EQUIPMENT ~CK T0 THE COUN~ WATER ~N. 6. ~L P~NTINCS S~LL PR~IDE A 5' ACCESS OPENING. 7. ~L PIPES UNDE~ 8. METER ~SEMSL S~L BE LO~TED WITHIN C.U.E. 9. M~ER UNIT REQ~:~ES INIT~ CERTIFICkTION FOR ACCU~ BY UNOERGROUND C~?T~CTOR AND TEST RESULTS S~L SUBMI~ED TO CCL_IER COUNW WATER DEPT. DOMEST C WATE!: METER ASSEMBLY & OVE ) N.T.S. k4AJN SIZE PER UTILITY PLAN DETAIL REVISED: 05/23/00 z RE;nSEO: 03/23/00 FORCE MAiN 45' ELBOW WITH uEC~LU¢ u.J. R[T~NER CLANOS (WP.) SANITARY SEWER MAIN ~ANITARY bIANHOLE SDR 26 PVC WYE SANITARY SEWER MAIN 20' PREFERABLE = [ (OEPENDING ON FIELO CONDITIONS) I FORCE MAIN CONNECTION TO GRAVITY SANITARY SEWER DETAIL N.T.S. ~0 ~8 u z z z z o © S ~'-2- R E'V~SED: 05/25/00 WATERTIGHT RIM AND COVER.-N USF ,,I. 20C-ORS. FLUSHED IN ~. PAVED A~EAS AND 2-I/2' ~ ~ 'IHE FINCH GRADE IN UNPAVED AREAS. (24' MINIMUM DIAMETER). ii i PLAN SLEEVE WITH STNN- LESS STEEL STRAP SEE DETNL A-A CA~T IRON FRAME AND C~R (TYP.) FINISH ONE COAT ASPHALllC PAINT JOINT AND GROUT ~ /-FLEXIBLE, RUBBER /~ SLE['~,/[, LOCK-JOiNT · " /! TYPE wiTH STAIN- ' // LESS STEEL STRAP, · PVC SEWER SECTION ELEVATION A-A PRECAST MIN. OF T~/O PRECAST CONC. OR HOPE RISER RINGS OR BRICK AND MORTAR (5 COURSES I.~0() BETWEEN WANHOLE & C.I. FRAME JOINTS 4' DtAJaETER -- ALL PRNATELY OWNEO J4ANHOLES SHALL HAVE INTERIORS COATED (MIN. 56 MILS THICK) WITH AN ACCEPTABLE BITUMINOUS OR EPOXY SEALER. COLLIER COUNTY OWNED INTERK)RS SHALL BE COATED WITH lET COATING RAM- NEK JOINT (~P.) EXTERIOR SURFACES SHALL BE DOUBLE COATED (MINIMUM 18 MILUMET[RS THICK) WITH AN ACCEPTABLE J~ITUMINOUS OR EPOXY SEALER FLOW LINE CHANNELS SHALL BE CLAY BRICK HAVING A MINIMUM OF 2- POURED CONCRETE OR 2' GROUTED FINISH, 0.1' DROP ACROSS MANHOLE BARS · 12' O.C.E.W. OR EQUAL PER ~S.T,M. C-478 RUBBER SLEEVE WITH STAINLESS STEEL STRAP. SEE DETAIL 8A~S O 12' O.C.E.W. 4'-0' 04 BARS ~ 9" O.C.E.W. 5' & 6' O~ CRUSHED STONE SECTION REINFORCED CONCRETE MANHOLE DETAIL N.T,S. RE~SEO: WATERTICHT RIM AND COVER USF 420C-OES, FLUSH IN PAVED AREAS AND 2-1/2' ABOVE THE FINISH GRADE IN UNPAVED A~F_.AS (24' MINIMUM D~AMETER). PAVEMENT PLAN RUBBER SLEEVE WITH STNN- LESS STEEL STRAP SEE 0ETNL A-A IRON FRAME ANo COVER (TYP.) RN~SH ONE COAT ASPHAl. TIC PNNT RAM-NEK JOINT ANO GROUT (TYP.) AREA /-FLEXIBLE. RUBBER ~ SLEEVE. LOCK-J0~NT // TYPE WITH STAiN- // LESS STEEL STEAP SECTION ELEVATION A-A 12' _ . 24" ~TER ALL JOINTS 4' D~METER FLOW LiNE C~NE~ S~LL BE C~Y ~RtC~ ~VING A MINIMUM OF 2- POURED CONCEDE OR ~ GROUTED FINISH, 0.1' DROP ACROSS ~HOLE ~ MIN. OF TWO PRECAST CONC. OR HOPE RISER RINGS OR BRICK AN0 MORTAR (5 COURSES M~0() BETWEEN k~J~IHOLE & C.L FR.~J~E JOINT 4 BARS O 5' D,C. E.W. A 4 ~4 RODS AROUND OPENING EXTERIOR SURFACES SHALL BE DOUBLE COATED (MINIMUM 18 MILLIMETERS THICK) WITH AN ACCEPTABLE BITUMINOUS OR EPOXY SEALER 4 BARS O 12' 0.C.E.W. OR EOUAL PER A.S.T.M. CI47B ALL PRIVATELY OWNED MANHOLES SHALL HAVE INTERIORS COATED (MIN..~6 MILS THICK) WITH AN ACCEPTABLE BITUMINOUS OR EPOXY SEALER. COLLIER C0UN~Y OWNED INTERIORS SHALL BE COATED WITH lET COATING RUBBER SLEEVE WITH STAINLESS STEEL STRAP. SEE DET~JL A-A BARS ~ 12' 0.C.E.W. 4'-0' D~. BARS e 9' 0.C.E.W. 5' & 6' O~- · 12- CRUSHE0 STONE SECTION SHALLOW MANHOLE DETAIL N.T.S. $-4 RE",qSED: 03/23/00 0ROP SI~:L-V~: V~H ST~JN- Ir$S STE~L ~T~ SEE DL-TAJL SECTION ELE'VATION A-A SEWER I~' MINIMUM ENCASEUENT TO I~ POURED CO~ PLAN 4' 04A~ETE R ~01NT~ 'TO CENT[RED ON I,u~et. KX.E WN..L. lEON lrl~l~ E covER (~.) rlN?-~H ONE CC~,T A..~TlC PAINT JOINT .,.,~o ORo~.n' (TY~.) MIN. OF' T~ PREC_.&~-T CONC. OR ~:)RTAR (3 COURSES ~U~X) 8ETW[EN MANHOLE ,I, C.L FRAME PRIVATELY OWNED MANHOL.E~ SHALL HAVE INTERIORS COATED EXT[RtOR SURFACES SH,N.L B~ OOUBIJ[ COATED (MINIMUM 18 M;LUuETER'S THICK) WTH A~ ACC~;~TABt. E 8ffUu~NOU~ OR SEALER !¢ BARS O 12' 0.C.E.w. OR EQUAL P~R A.,$.T.M. C-478 ?t.E~ISLE RUBBER SL[EV~ w111.1 STAINLE~ STEEL STRAP. SEE I~NL g" D.C. ?w. ~,' a. 6' D~ BE CU,.Y BR~X HA',/~NG MBe~U.M O~ 2" C:O#CR~g'~ OR 2" GROUI'ED rlN~-I. o.1' DROP SECTION DROP MANHOLE DETAIL N.T.S. CRIj~HEO STONE PADS UNER 1<5 USED) " FRAME AN0 COVER FINISHEI ONE COAT ASPI-LALTIC PAINT SPECI~ LETi'ERINO · COLUER COUNTY' OR LEAVE BIJ~K IF PR~ATELY OWNED IRON FRAME TO 8E SET IN RAM-NEK UASTIC JOINT ANO (;ROUTED IN PLACE NON PENETRATING PICKHOLES ('PfP.) RIM ~O COVER. USF 420C-0RS, FLUSH IN PAVED ARE. AS AND 2-1/2' ABOVE THE FINISH GRADE IN UNPAVED ARF_AS (2¢' M(NIWUM DIAMETER) PLAN RUBBER O-RIN(; IN-~ MACHINED DOVETAIL GROOVE IN COVER 314' SURFACES SECTION MANHOLE RING &:: COVER DETAIL N.T.S. ,...z_,~_C~)( REVISEO; 03/25/00 Wl '' (s) ' (s) Z 03123/00 STUNLESS UNI-STRUT (TYP.) HIGH WATER ALARM CONTROL PANI GENERATOR RECEPTACLE 4.' ABOVI~ ACCESS COVER HEIGHT' 'SEAL-OFF' HO~ MODEL OR APPROVED EQUAL STNNLESS STEEL N~ 5R JUNCTION BOX WITH TERMINAL STRIP MOUNTED WITH ALUMINUM (:~t~_,KING PLATE. TERMINAL ~PS TO ~VE S.S. SCREWS. l O' X 1Z' X 6' MIN. HINCED ON Bol-rOM. 9(7 PVC ELB~ LOCKABLE STAINLESS STEEL NON-FUSED NEWA ,)R DISCONNECT BOX TO ISOLATE PANEL FROM ELECTRIC POWER METER WlTH SF~L OFF ALL PENETRATIONS FROM DISCONNECT TO CONTROL PANEL TO BE ON BOTTOM. STAINLESS STEEL STRAP 4' PVC VENT PIPE FROM WET WEU. (2) ~ X ~ X 10' REINFORCED CONCRETE POSTS WlTH ~4. BARS CONTINUOUS. CONOUIT PUMP & FLOAT WIRING SHALL BE RUN IN SEPARATE ~ ~ CONOU~. (3) CONOMITS REOUiRED, NOTES: ---::~'~--~' ~C SP,~kRE CONOUIT FROM POWER SOURCE POLE TO METER CAN ~1o STRAND MINIMUM FROM CONTROL PANEL TO J-BOX. SQUARE D MODEL SDSA-5650 (5 PHASE) AND SOSA-1175 (SINGLE PHASE) LIGHTNING ARRESTER MUST BE INSTALLED EXTERNALLY ON LOAD SIDE OF DISCONNECT BETWEEN DISCONNECT AND MAiN BREAKER. THE PENETRATION THROUGH THE [~SCONNECT MUST BE MADE BELOW THE WORKING MECHANISM OF THE DISCONNECT. (AS REQUIRED BY COLUER COUNTY PUBLIC WORKS DMSION CONTROL PANEL SHALL BE ObAUTY CONTROL INC. NO. 1823. 1 PHASE OR 3825. ,3 PHASE WITH ALL COMPONENTS FOR OPERATING l'~O PUMFS AND UQU10 LEVEL REGULATORS: STRUTHERS-OUNN ALTERNATOR RELAYS, 200 AMPERE RUSSELL AND STOLL GENERATOR RECEPTACLE AND ANGLE ADAPTER, MODEL NUMBER JRS-204-4 AN0 NEWA JR STAINLESS STEEL ENCLOSURE. CONTROL PANEL DETAIL N.T,S. REVISED: 05/23/00 ~'xo~) z.*(z =~o REVlSF'D: 0.3/23/00 USF 7621 RIM & COVER FLUSH IN PAVEMENT REMOVABLE PVC THREADED PLUG CAST IRON OR TP~FFIC TYPE METER BOX J/4' CRUSHED ROCK PROVIDE CLEAN-OUT ON S~R ~TE~LS SEWER B~NCH ~E EL80W FLOW 6' S~TARY LATERAL U ~ MIN. SLOPE SEWER ELEVATION CLEAN-OUT DETAIL-PAVED AREAS N.T.S. REVISED: 03/23/00 REMOVABLE PVC THREADED TO BE LOWERED BY PLUMBER TO FINAL CONFIGURATION AT TIME OF LOT DEVELOPMENT. 3M MAGNETIC ulo RANGE MARKER (LAI0 FLAT) PROVIDE CLEAN-OUT ON SEWER LATERALS AT UTILITY F. ASEMENT LIMITS. SEE PLANS PLUG ,EASEMENT, PROPERTY OR RIGHT-OF-WAY L NE _.,,~NON - PAVE O AREAS SEWER BRANCH WYE ~~--~'~-5' ELBOW SLOPE SEWER ELEVATION CLEAN-OUT DETAIL-NON PAVED AREAS N S-12 REVISED: 03/23/00 WATERTIGHT RIM AND COVER USF 420C-0RS. FLUSH IN PAVED AREAS AND 2-1/2' ABOVE THE FINISH GRADE IN UNPAVED AREAS (24' MINIMUM DIAMETER). (SPECIFY LETTERING 'SANITARY' 0R IRON FRAME AND COVER (TYP,) FINISH ONE COAT A.SPHALTIC PAINT PLAN F~AVED AREAS WATERTIGHT RIM AND COVER USF 420C-ORS. FLUSH IN PAVED AREAS ANO 2-1/2' ABOVE THE FINISH GRADE IN UNPAVED ARE.,a~ (24' MINIMUM DIAMETER). (SPECIFY LE~-FERING '~a, NITARY OR ' EFF") PAVEMENT -~ GROUT ALL JOINTS NON-PAVED AREAS RAM-NEK JOINT AND GROUT (TYP.) MIN. OF TWO PRECAST CONC. OR Pvc RISER RINGS OR BRICK AND MORTAR (5 COURSES WAX) BETWEEN MANHOLE ~ G.I. FRAME AiR RELEASE VALVE (VAL- MATIC) MODEL ~BSBW, OR EMPIRE MODEL 929 WITH FLUSH ATTACHMENTS AND VALVE OR APPROVED EOUAL FOR PAW SEWAGE & EMPIRE MODEL 945 OR APPROVED EQUAL FOR EFFLUENT. 24" I MIN JOINT 4 BARS O 5' 0.C.E.W. & 4 ~4 RODS AROUND OPENING 4 BARS O 12- D.C.E.W. OR EQUAL PER A.S,T.M. C-478 BRASS STOP' (MEULLER H--10046 OR Mc0ONALD 4~04.) BRASS PIPE .~/4' F6' M~N. EFFLUENT M~JN OR FORCE MAIN DOUBLE STRAP BRASS TAPPING SAODLE · · BRASS PIPE, CORPORATION STOP, & TAPPING SADDLE SHALL BE 1' FOR EFFLUENT AND 2- FOR FORCE MAIN FORCE MAIN AND EFFLUENT MAIN AIRRELEASE VALVE DETAIL N.T.S. (OVER 40" COVER) S-13 REMSEO: 03/23/00 PAVED ARF_AS RIM AN0 COVER FLUSH--,,. IN PAVEMENT AREA~. L _1_ NON- PAVEO AREAS 666 klANHOLE FRAME AN0 COVER WITH (4) 1' VENT HOLES OR APPROVED EQUAL. (SPECIFY LEI'FERtNG AS EITHER ' SANITAR~ OR AN0 COVER I/2- ABOVE FINISHED GRADE 12N UNPAVED AREAS. GRADE BF~kSS PIPE ' BRASS CORPORATION STOP ' (mvlEULLER H- 10046' OR k,lcDONALO I' MIN RAM-N JOINT 5/4' AIR RELEASE VALVE (VAL-- MATIC) MODEL 4.SSBW, OR EMPIRE MODEL 929 WITH FLUSH ATTACHMENTS AND VALVE OR APPROVED EQUAL FOR RAW SEWAGE A EMPIRE MODEL 94.5 OR APPROVED EQUAL FOR EFFLUENT. 3~' RCP MIN. FORCE DOUBLE $TR.~ BRASS TAPPING SADDLE ' 24.' · BRASS PIPE. CORPORATION STOP, ~' TAPPING SAODLE SHALL BE 1' FOR EFFLUENT AND 2' FOR SANITARY FORCE MAIN AND EFFLUENT MAIN AIR RELEASE VALVE DETAIL N.T.$. S- 1 4" "' RE~SED: n3/25/00 z z 'T- i 0 © s_a5~ ~E'VISED: 03/23/00 .,,3-.g ~ SS]'I a 3.I. V3Ug UO z S- 1-6':' ~D,~SED: 0~/2.3/00 g z z 0 (D / ~. C~)(~ E-1 ~E~$EO: 03/23/00 z o L_ RL~,ISED: 03/23/00 PLAN ®1 AL~RNA1'E LAYOU1S A.ea~ TO B~ £~c'rl~ ~ C~.~CT(~ ~ vARiES 5UP~SS~ ~ LOAO DO~ OF' C~'R~IC~ O~a~ONNECT RAIl0 rO~ §$.000 ,*da~S Ai' sLrRM,~' I..[A 0't~IAI~C~ USP-ta SO~IES T sc~ ~0 P~c: -- C;ONOUIT FIt"LO ELEVATION A1 AND MOUNTING DETAIL 03/23/00 R.O.W. LINE ~/[~O/_TDUCTILE IRON TAPPING SADDLE W/ GALVANIZED STRAPS 1½' CORPORATION STOP 1½' POLY-TUBING ' FORD' SERVICE WYE TYP. I' POLY-TUBING -- IRRI~TION MAIN MULTI-SE~CE CONNECTIONS WILL ONLY BE ALLOWED SE~CE FOR TWO SINGLE FAMILY LOTS CORNER CURB MULTIPLE METER SERVICE BOX (~) IRRIGATION IRRIGATION METER - CUSTOMERS GATE VALVE PLACE CURB STOP ANO METER BOX INSIDE LOT LINE AT LOT CORNERS CONNECTIONS LOT LINE N.T.S. ASPHALT PAV1NG FINISHED GRADE--~ ~ ~.O.w. LINE -'~ CONC. SIDEWALK ~ XI/ NOTES: STRA~S 1. 'FORD' CONNECTORS Y 44-264 OR APPROVED EQUAL SHALL BE USED FOR MULTI-SERVICE. SuccESsivE TAPS INTO WATER MAJN WILL BE NO CLOSER THAN 12. APART. 2. ALL CASING PiPE SHALL EXTEND A MINIMUM OF 5' BEYOND THE EDGE OF PAVEMENT. WITH A CASING DLAMETER TO BE NO LESS THAN 4' CONDUIT SHALL BE MARKED WITH A 5M MAGNETIC MARKER. 5. TAPPING SADDUE. CORP. STOP. POLY TUBING, CURB STOP, AND METER BOXES SHALL BE INSTALLED BY UNDERGROUND UTILITY CONTRACTOR AT THE TIME OF IRRIGATION MAIN INSTALLATION. 4. MATERLAL SPECIFICATIONS a. TAPPING ~/:)OLES: SADDLES SHALL BE DUCTILE 0OUBLE STRAP OR BRASS DOUBLE STRAP AS MANUFACTURED BY FORD F202 OR 202B OR APPROVED EOLIAL MIN. SADOLE SIZE 1~'. b. CORPORATION STOPS: SHALL BE BALLCORP ANO MADE OF' RED BRASS - OUTLET - COMPRESSION TYPE FOR POLYETHYLENE TUBE AS MANUFACTURED BY FORD FB 1000 OR APPROVED EQUAL. COMPRESSION INSERT - SHALL BE STAINLESS STEEL c. CURB STOPS - BALL VALVE: SHALL BE MADE OF RED BRASS - INLET - PACK JOINT - OUTLET - SWIVEL NUT FOR METER CONNECTION AS MANUFACTURED BY FORD-8 43-5~ OR APPROVED EQUAL. d. TUBING: SHALL BE POLYETHYI_ENE, PE.~40B. (AWWA C-gOl. SOS 9-200) & PURPLE IN COLOR, SIZES SHALL 8E 1' FOR 5/4' & 1' METERS, AND 2" FOR 1 1/2' TO 2' METERS. e. METER BOXES: 3/4' TO 1' METERS = BROOKS MODEL i~101§-12-5 OR APPROVED EOUAL, CAST IRON READ LI0 1 1/2' TO 2' METERS = BROOKS MODEL j11220-12 OR APPROVED EQUAL. CAST IRON READ LIO TYPICAL IRRIGATION SERVICE METER SETTING, DETAIL FOR CONNECTION TO IRRIGATION OR EFFLUENT MAIN E-4 N.T.S. REVISED: 03/23/00 UN01STURBED AREA TRENCH BACKFILLED IN COMPACTED MAXIMUM 12' LIF-rS TO A 98~. REQUIREO DENSITY. TRENCH BACKFILLED TO LEVEL OF ONE %o~ ~OVE, JOP OF ~,PE ,N 5' CO C ED L S. '1' TRENCH (SEE .OT~ 2) ~:~/~: J OUTS~O~ -- J_ 1'-~ J PIPE ~ ,'-~_ J ~ MIN. =J =D~ETER= I = MIN. - UNDISTURBED AREA WHERE ANY TRENCH OCCURS IN AN UNSURFACED AREA, THE THIRD STAGE OF E~kCKFILUNG SHALL EXTEND TO THE FINISHED GRADE. THIRD STAGE SECOND STAGE c, FIRST STAGE PIPE BEDDING (SEE NOTE 2) NOTES: 1. I~CKFILL SHALL BE OF SUITABLE MATERIAL REMOVED FROM EXCAVATION EXCEPT WHERE OTHER MATERIAL IS SPECIFIED. BACKFILL MATERIAL SHALL CONSIST OF EARTH, LOAM, ~ANDY CLAY. GRAVEL. CRUSHED LIMESTONE. OR OTHER APPROVED MATER[N_. 2. IF TRENCH BOTTOM C0NTAJNS ROCK, THEN A MINIMUM OF A 4' PIPE BEDDING SHALL BE uSED. UNPAVED AREA TRENCH BACKFILL DETAIL N.T.S. REVISED: 03/25/00 r'nZ z ZL Z RE%qS£D: 03/23/00 FINISHED GRADE ~ WATER ~IN WATER ~IN ~o' ~l~u~ S~P~r~oN ~OR ~TA~ 5~R. STOR~ S~ER, OR FORCE ~N. ~NITA~ S~ER. STORM S~ER, IRRIGATION (EFFLUENT) ~N, AND FORCE ~N NOTES: 1. WATER MAINS SHALL BE SEPARATED FROM STORM SEWER, SANITARY SEWER, IRRI~TION (EFFLUENT) MAINS, AND FORCE MAINS I~Y A MINIMUM CLEAR VERTICAL 01STANCE OF 18' MEASURED BETWEEN THE INVERT OF THE UPPER PIPE AND THE CROWN OF THE LOWER PIPE. AL~O, WATER MAINS SHALL BE SEPARATED FROM STORM SEWER. SANITARY SEWER AND FORCE ~NS BY 10 FEET AND ~RRICATION (EFFLUENT) MAINS BY 5 FEET MEASURED FROM EDGE-TO-EDGE. 2. ALL CROSSINGS WITH VERTICAL CLEARANCE LESS THAN 18 INCHES SHALL BE MAOE USING THICKNESS CLA~S 200 AW~A C-900 PVC (DR 18, C-90§ PVC FOR PIPES GREATER THAN 12' IN DIAMETER) OR OUCTILE IRON, CLA~S 51 PIPE FOR 01STANCE OF 10 FEET EACH SIOE OF THE CROSSING, AND WATER MAIN SHALL BE CONCRETE ENCASEO. 3. 18 INCHES CLEAR DISTANCE SHALL NOT BE REDUCED IN CASES WHERE WATER MAIN CROSSES UNOER SEWER LINE. 4. VERTICAL CLEARANCE LESS THAN 12 INCHES SHALL NOT BE ALLOWED. 5. WATER MAINS AND SANITARY SEWER, STORM SEWER, OR IRRIGATION (EFFLUENT) MAINS SHALL BE IN SEPARATE TRENCHES. CROSSOVER DETAIl' N.T.$. · M-$ REVISED: 05/25/00 SEE THRUST BLOCK DETAIL--~ FOR EXISTING A/C PIPE ~ I / / FITTINGS ~ ~ ~ ~ REOUIREO TO I \ \ ACH{E'VI~ TO W,THSTANO FORCE OF P,PE. EXISTING UNOISTURBED PIPE - HEADWALL SO~L A/C RESTRAIN BACK LENGTH SHOWN IN ~ /~RESTRAINED ~ITEM tN CONFLICT CHART- (BOTH S,OES) I/JO,NT YJ~,,~'~x REQUIRED TO ~NC E NEW &:: EXISTING PIPE - RESTRAINED JOINT NOTES: 1. PROVIDE RESTI~IJNED JOINTS AT CHANGES IN DIRECTION OF ALL PIPE. 2. ALL PIPE JOINTS WITHIN THE DISTANCE (FEET) SHOWN IN THE FOLLOWING TABLE FROM THE PI OF THE FITTING SHALL BE RESTRAINED TYPE. THESE DISTANCES (FEE'F) SHALL APPLY TO LENGTHS OF PIPE ON EACH SIDE OF THE FITTING. 4. CONSIDER DEAD ENDS EQUIVALENT g0 DEGREE BENDS. 5. TEE SHALL BE RESTRAINED ON BRANCH BASED ON SAME DISTANCE AS g0 DEGREE BEND OF THE SIZE OF THE BRANCH. RESTRAINED JOINT PIPE DISTANCES FOR NEW PiPE (IN FEET) PIPE SIZE 90° BEND 4.50 BEND {22 1/2° BENDII 1/40 BEND 4-" 44 18 9 4 6" 62 26 12 6 8" 74 51 15 7 10" 87 36 1 7 9 12" 100 4-1 20 10 16" 123 51 24 12 20" 145 59 29 14 24" 162 67 52 16 30" 184- 76 57 18 .36" 207 86 41 20 PIPE CONFLICT DETAIL N.T.S. REVISED: 03/25/00 /-- .~PHALTIC PAVEMENT APPROVED EQUAL. = PIPE CASING RIER PIPE OE MOOEL CCES APPROVED EQUAL SECTION "A-A" RIBBEO -~ ~ FLANGE ~~ RUNNER LINER ~SHELL SPACER STANDARD NO. OF RUNNER REQ'D. UP TO 14" CARRIER PIPE - 4 REQ'O. OVER 14' THROUGH 36. CARRIER PiPE - 6 REQ'O. OVER 36. THROUGH 4E' CARRIER PIPE - 7 REQ'O, NEW PRIME STEEL MIN. WALL THK. NOMINAL O.D. MIN, WALL THK. 3/4' - 1' 0.11J~' ~ ~/4' 0.~ 40' 1 ~/2' 0.~45' 2' 0,154' ¢- 12' 0.188' 24' 0.250" 3o' 0.31:~ 36' 0.375' 42" AND GREATER 0.500' 2) END WITH BRICK AND MORTAR OR RUBBER SEAL (TYP.) CASING END SEAL .NOTE: UNDERGROUND CROSSINGS REQUIRE A ~INIMUM VERTICAL CLEARANCE OF 4-~ BELOW PAVEMENT SURFACE FOR FREEWAYS, 56. FOR OTHER HIGHWAYS OR 50' BELOW UNPAVED GROUND INCLUDING DITCH GRADE PER F.D.O.T. JACK AND BORE DETAIL N.T.S. STAINLESS STEEL SPACERS SPACERS SHALL BE BOLT-ON S~fLE WITH A TWO PIECE SOLID SHELL ~E FROM T-.304 STAINLESS STEEL OF A MINIMUM 14 C~ THICKNESS. THE SHELL SHALL BE LINED WITH A RIBBED PVC SHEET OF A 0.09(~ THICKNESS TI-[AT OVERLAPS THE EDGES. RUNNERS MADE FROM UHMW POLYMER, SHALL BE ATI'ACHED TO RISERS AT APPROPRIATE POSITIONS TO PROPERLY LOCATE THE CARRIER WITHIN THE CA..~ING AND TO EASE INSTALLATION. RISERS SHALL BE ,X/,ADE FROM T-304 STAINLESS STEEL OF A MINIMUM 14 C.~ THICKNESS AND SHALL BE ATTACHED TO THE SHELL EP¢ MIG WELDING. ALL WELDS SHALL BE FULLY PASSA/ATED. ALL FASTENERS SHALL BE MAOE FROM T-304 STAJNLESS STEEL, CASING SPACERS SHALL BE MODEL CCS AS MANUFACTURED BY CASCADE WATER WORKS MFG. COMPANY OF YORKVILLE ILL. OR APPROVED EOUAL. PLACEMENT OF SPACERS ON CARRIER PiPE GENERAL- ONE SPACER SHALL BE PLACED NOT MORE THAN TWO FEET FROM EACH END OF CASING. SUBSEQUENT SPACERS SHALL BE PLACED AT 6'-10' iNTERVALS WITHIN THE CASING. OR IN ACCORDANCE WITH PIPE MANUFACTURER":; RECOMMENDATIONS. PVC CARRIER- ONE SPACER SHALL BE PLACED ON THE SPIGOT END OF EACH SEGMENT AT THE LiNE MARKING THE LIMIT OF iNSERTION INTO THE BELL. WHEN THE JOINT iS COMPLETE. THE SPACER SHALL BE IN CONTACT WITH THE BELL OF THE JOINT SO THAT THE SPACER PUSHES THE JOINT ANO RELIEVES COMPRESSION WITHIN THE JOINT. SUBSEQUENT SPACERS SHALL BE PLACED AT 6'-0' INTERVALS, OR IN ACCORDANCE WITH k,~tAN U FACT UR ER'S RECCOMENDATIONS. CARRIER PIPE CARRIER PIPE SHALL BE CENTERED WITHIN CASING BY USE OF MODEL CCS STAINLESS STEEL CASING SPACERS AS MANUFATURED BY CASCADE WATER WORKS MFG. COMPANY OR APPROVED EQUAL. SPACERS FOR PIPES OVER 4~ MAY REOUlRE THREE PIECE SHELLS. SHELL CONNECTORS ABOVE 48' WILL BE RECEIVER BAR/ WASHER PLATE TYPE. PIPE SCHEDULE CARRIER PIPE AND CASING SIZES CARRIER CASING WALL DIAMETER DIAMETER THICKNESS 2" PVC 6" 8" !2" 16" 24" 30" 36" 4." 14" 16" 24" 36" .56" 4.2" 48" .250 .250 .281 .281 .406 .469 :.531 .53~ R~ISEO: 05/23/00 .idid ~0 dOJ. ,LV ~ >-z uO <[ (.9 z z M-6 REVISED: 03/23/0C ~8' x 'i8"' x 6' CONCRETE COLLAR /2 ~14 E~ARS CONTINUOUS AND 4 ~4 BARS ObavOONAL (2' M~N. COVER FOR REINFORCING STEEL) - - - ;- ........... -~- - ' REUSE'. ' IRR'. ' SEWER-. J 'WATER', OR 'EFF' DEPENDING ON USE PLAN V1EW A 5" OtAMETER BRASs DISC ANCHORED IN CONCRETE COLLAR 16' --SIZE OF MAIN OR BY-PASS 51 TURNS OF TURNS TO OPEN OPEN - C TO TURN TO OPEN DARLING -- VALVE ~DANUFACTURER YE..~U~ VALVE iNSTALLED NON PAVED PAVED AREAS /--18' X 18' X 6' CONC COLLAR /2 54 BARS CONTINUOUS ANO 4. 54 I~ARS DIAGONAL /i~-- FINISHED PAVEMENT -- ~ DR 18 PVC PiPE (C-900 ~.) PIPE S~L NOT 8~ DR 14 PVC PIPE IN PAVED ON VALVE OR PRESSURE blNN ~"N"N",~DRESSURE TYPICAL ALL VALVES USED IN WATER DISTRIBUTION SYSTEMS SHALL BE OF THE RESILIENT SE~T TYPE IN ACCORDANCE WITH A~NA C-509 VALVE SETTING DETAIL N.T.S. M-7 REUSED: 03/23/00 APPENDIX D ,ix7 t Tlh'~D Y'ITC'T~DTDT ?lPI'f~NI' TllT'T ~. 11r C UTILITY DEVIATION FOI~¥I ORDINANCE 97-17. AS AME~'DED '.~ ,0 ~ ~.~n¢¢.~,'A~pc:~ix ,S, - Con~,'cva~ce Documcm. Chcc~.;is~ 07~ 13/00 Date: Site Development Plan Number (SDP#) Subdivision Improvement Number Name & Location of Project: Attach Plan or Drawing required required Contact Name & Business Phone # Reason for request? Fax # How does this request differ from Ordinance? act of this request on affected area? Impact of this request on the maintenance of the Wastewater system? Explain benefits this request will have to the operation or maintenance of the Collier County utility system: Additional Comments: Routing: Water Distribution Supervisor(s) Water Director Wastewater Collections Supervisor Wastewater Director Approve: Approve: Approve: Approve: Authorizing Signature: Collier County Water or Wastewater Director Copy to: Engineering Review & Inspections Public Utilities Administrator Wastewater Collections and Water Distribution Date: Disapprove: Disapprove: Disapprove: Disapprove: ./ EXECUTIVE SUMMARY ADOPT .~N ORDINANCE AMENDING ORDINANCE NO. 97-17, THE COLLIER COUNTY STANDARDS AND PROCEDURES ORDINANCE OBJECTIVE' That the Board of County Commissioners adopt an amendment to Ordinance No. 97-17, the Collier County Utilities Standards and Procedures Ordinance, to enhance and streamline procedures affecting development-related businesses in our community. CONSIDER~TIONS: 1) In 1997, the Board of County Commissioners adopted Ordinance No. 97-17, the current Collier County Utilities Standards and Procedures Ordinance. The ordinance establishes certain development procedures, technical specifications, and legal documentation for the construction of privately-built water and wastewater facilities within the Collier County Water/Sewer District and other portions of the unincorporated area of Collier County. 2) The proposed revisions to Ordinance No. 97-17 represent a cooperative approach to assuring the County requirements reflect feedback received from the development and engineering business community on how to make the existing process better. The amendments address conveyance of legal documents, updates to standard design drawings, design parameters, and procedures for deviations. 3) Staff and the Utilities Code Sub-Committee of the Development Services Advisory. Committee have jointly developed the proposed amendments to the Utilities Standards and Procedures Ordinance. The Utilities Code Sub-Committee includes representatives of local development, engineering, and construction businesses. Both the Utilities Code Sub-Committee, and the Development Services Advisory, Committee, recommend adoption of the proposed Ordinance amendments. 4) The County Attorney's Office reviewed the proposed Ordinance amendments and tbund the amendments to be legally sufficient. The proposed Ordinance amendments have been publicly advertised for the proscribed period of time as required by Florida Statute. All other legal requirements have been met. GROWTH MANAGEMENT IMPACT: Adoption of the .Amendments to the Collier County Utilities Standards and Procedures Ordinance will provide for continued compliance with the County's Growth Management Plan. Executive Summary Standards/Procedures Amends Page 2 FISCAL IMPACT: Adoption of the Amendments to the Collier County Utilities Standards and Procedures Ordinance will have no initial fiscal impact to the County. Through adherence to the provisions of this Ordinance, the current and future customers of the Collier County Water/Sewer District will realize savings through increased longevity and reduced maintenance and replacement costs. RECOMMENDATION: Staff recommends that the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water/Sewer District, the Marco Water and Sewer District and the Goodland Water District, adopt the amendments to Ordinance No. 97~17, which is known as the "Collier County Utilities Standards and Procedures Ordinance". Ann. tie Saylor, IntOtim Operations Director ! Reviewed By: /~-.r_~..,.~' ,~z~/...' ~ Date: Karl W. Boyer, P.E., In, rim Pubhc Utd~t~es Engineering Director Reviewed By: Date: Edward N. Finn, Interim Utility Administrator EXECUTIVE SUMMARY ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 97-17, THE COLLIER COUNTY STANDARDS AND PROCEDURES ORDINANCE OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No. 97-17, the Collier County Utilities Standards and Procedures Ordinance, to enhance and streamline procedures affecting development-related businesses in our community. CONSIDERATIONS: 1) In 1997, the Board of County Commissioners adopted Ordinance No. 97-17, the current Collier County Utilities Standards and Procedures Ordinance. The ordinance establishes certain development procedures, technical specifications, and legal documentation for the construction of privately-built water and wastewater facilities within the Collier County WateffSe~ver District and other portions of the unincorporated area of Collier County. 2) The proposed revisions to Ordinance No. 97-17 represent a cooperative approach to assuring the County requirements reflect feedback received from the development and engineering business community on how to make the existing process better. The amendments address conveyance of legal documents, updates to standard design drawings, design parameters, and procedures for deviations. 3) Staff and the Utilities Code Sub-Committee of the Development Services Advisory, Committee have jointly developed the proposed amendments to the Utilities Standards and Procedures Ordinance. The Utilities Code Sub-Committee includes representatives of local development, engineering, and construction businesses. Both the Utilities Code Sub-Committee, and the Development Services Adviso~ Committee, recommend adoption of the proposed Ordinance amendments. 4) The County Attorney's Office reviewed the proposed Ordinance amendments and found the amendments to be legally sufficient. The proposed Ordinance amendments have been publicly advertised for the proscribed period of time as required by Florida Statute. All other legal requirements have been met. GROWTH MANAGEMENT IMPACT: Adoption of the Amendments to the Collier County Utilities Standards and Procedures Ordinance will provide for continued compliance with the County's Growth Management Plan. Executive Summary Standards/Procedures Amends Page 2 FISCAL IMPACT: Adoption of the Amendments to the Collier County Utilities Standards and Procedures Ordinance will have no initial fiscal impact to the County. Through adherence to the provisions of this Ordinance, the current and future customers of the Collier County Water/'Sewer District will realize savings through increased longevity and reduced maintenance and replacement costs. RECOMMENDATION: Staff recommends that the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water/Sewer District, the Marco Water and Sewer District and the Goodland Water District, adopt the amendments to Ordinance No. 97-17, which is kinown as the "Collier County Utilities Standards and Procedures Ordinance". Prepared By: ,Ann Marie Saylor, Inte~m Operations Director Date: Reviewed By: /,,-~e~_~z¢...~,.,,~ .- "-"-'---'-~ D ate: Karl W. Boyer, P.E., Inc'rim Public Utilities Engineering Director Reviewed By: Edward N. Finn, Interim Utility Administrator Date: EXECUTIVE SUMMARY REVIEW HEARING TO DETERMINE ELIGIBILITY TO SUBMIT ALTERNATIVE ROAD IMPACT FEE CALCULATIONS FOR BAY COLONY, PELICAN MARSH AND TIBURON GOLF COURSES OB.IECTIVE: For the Board of County Commissioners to give staff direction regarding the WCI Communities request to submit alternative road impact fee calculations for the Tiburon, Pelican Marsh and Bay Colony golf courses. CONSIDERATION: The applicable development orders for Bay Colony, Pelican Marsh and Tiburon were issued by the Planning Services Department in October 1995, December 1995 and January 1998, respectively. WCI was notified in March 1998, and later in May 1998, of the requirement to pay impact fees for the subject golf courses. They received a follow-up notice in May 1999. In response to the May 1999 notice, WCI submitted an alternative fee calculation for Tiburon. in the amount of $72,382, which represented a fee adjustment of $231,715.82. The alternative calculation was not presented to the Board. Staff sent WCI a letter in April 2000 explaining in detail the problems with this alternative fee calculation. The developer paid the fees in full, a total of $703,943.76, under protest on May 11, 2000, using impact lbc credits, with the intent of subsequently submitting an alternative fee calculation. WCI has stated that the County's notices prior to the April 2000 letter were not clear and did not spccil3~ that impact fees were required for the Bay Colony and Pelican Marsh golf courses as well as lbr Tiburon. FISCAL IMPACT: The subject road impact fees have been paid in full by the developer, a total of $703.943.76. The fees were paid by way of impact fee credits for Road Impact Fee District 1 (North Naples - Fund 331). Any reduction in the fee would not result in a cash refund, but would bc recorded as an adjusting entry in the applicable impact fee credit ledger. GR()WTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growlh Management Plan. RECOMM ENDATION: That the Board provide staff with direction regarding the petitioner's eligibility to submit alternative road impact fee calculations for Bay Colony, Pelican Marsh and Sli BM ITTI:;D BY: Date: Phillt~--~R.~mndall, Impact Fee Coordinator ~~~z~, ~~/~J Date: REVIE\VED BY: J~~~,eve~ue l~//~ager APl'ROV15D BY: ~' ~~---~'-'"-'~Date: Vincent A. Cautero, AICP, Administrator Community Development 8,: Environmental Services Divisio SEP 1 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Edward R. Griffith Vice President Watermark Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees--Tiburon, Pelican Marsh, and Bay Colony Golf Courses Dear Mr. Griffith: On May 11, 2000, WCI paid, under protest, road impact fees in the amount of $703,943.76 for the three subject golf courses. In your letter dated May 11, 2000 you requested a review hearing before the Board of County Commissioners pursuant to Section 3.07 of the Road Impact Fee Ordinance. The Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner files the request. However, in your letter, you expressed a desire to present to the Board alternative impact fee calculations. Since the alternative fee calculations were not near to being completed, the review hearing was not scheduled at that time. Nearly four months have passed since you submitted your request, and it is necessary that we bring this matter to a conclusion, thus, the review hearing for the three subject golf courses will take place at the September 12, 2000 regular Board of County Commissioners meeting. WCI was notified in March 1998, and later in May 1998, of the requirement to pay impact fees. You received a follow-up notice in May 1999. In response to the May 1999 notice, WCI submitted an alternative fee calculation, in the amount of $72,382, for Tiburon. This alternative calculation was not presented to the BCC. I sent you a letter in April 2000 explaining in detail the problems with the alternative fee calculation vis-~t-vis the standards of the Ordinance.- In the above referenced review hearing, staff will ask the Board to make a determination as to whether WCI is eligible to submit alternative fee calculations at all. The fact that the fees have been paid in full under protest will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf courses, and numerous related building permits have since been issued. Please let me know if I can be of any assistance. I can be reached at 403-2369. Vincent A. Cautero, AICP, Administrator ,.co . , s2000 Road Impact Fees--Tiburon, Pelican Marsh, and Bay Colony Golf Courses Page 2 ./ Sincerely, Phillip R. Tindall, Impact Fee Coordinator prt/VAC Board of County Commissioners The Honorable Dwight E. Brock, Clerk of file Circuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attomey Vincent A. Cautero, AICP, Administrtor, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Deparlment Robert Byrne, Director, Internal Audit Depatmaent Tom Kuck, P.E., Engineering Review Manager Vivien Hastings, Esq., WCI Judy Miller, Revenue Manager AGENDA ITEM SEP 1 2 2000J APR 21 '00 12:00 FR WCI BUS DEk) 94i 949 0255 TO ¸wcI Watermark Communities Inc. Apd121, 2000 Mr. Philip R. Tindall Impact fee Coordinator Community Development and Environmental Services D,vision Collier County Government 2800 North Horseshoe Ddve Naples, Florida 34104 VIA FAX 403-2340 Re; Golf Course Road Impact Fees for Pelican Marsh Dear Mr. 'Findall: We have received your letter dated April 21, 2000, regarding the above. It was our o~ginal understanding that the scope of the impact fee evaluation would be r~mited to that part of the Peician Marsh Community east of Airport Road, cornmonty known a~ Tiburon. Our study conducted by David Plummar & Associates was focused on the Tiburon neighborhood. Since it is now understood that lands west of Airport Road will also need to be taken into consideration, will respectfully request an additional 45-day extension I order to allow our consultants sufficient time to comprehensively evaluate the entire Pelican Marsh Community. Should you have and questions or need further information at this time, please call me immediately Sincerely. -"Barry Ernst fi~r WOI Gommunit~s Cc: V'rvien Hastings. Edward R. Griffith, Stephen Leung 24301 Waldcn Ccntcr Drivc · Bonita Springs, Florida 34134 * [9/~1) 947-2600 · u, cico~ · * TO] SEP 12 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 April 21, 2000 Mr. Edward R. Griffith WCI Communities 24301 Walden Center Drive, Suite 300 Bonita Springs, Florida 34134 RE: Golf Course Road Impact Fees Dear Mi'. Griffith: I am writing in follow-up to the County's previous correspondence regarding road impact fees for golf courses built by WCI Communities. The three subject golf courses are Bay Colony (162.79 acres), Pelican Marsh (212.30 acres), and Tiburon (285.27 acres), totaling 660.36 acres. Ordinance 92-22, the Road hnpact Fee Ordinance, Appendix A, specifies a rate of $1,066 per acre. At that rate the total amount of road impact fees due is $703,943.76. The County is in receipt of an alternative fee calculation for Tibmt, n, which reflects a net fee of $72.382.00. The basis for this alternative fee is a trip generation rate of 544 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6th Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and lnUSt be perforlned by a professional engineer. Unfortunately, the source of the trip generation data used in this alternative fee calculation does not meet either of these criteria. As soon as possible, please advise us of whether you intend to submit a revised alternative fee calculation that (1) uses trip generation data from a source that meets the standards of the ordinance and (2) addresses ilnpact fees for all three golf courses. If you can assure us that you plan to act quickly on this matter, we will be amenable to extending the compliance deadline for the Notice of Violation and Order to Correct (Case No. 2000020193). Vincent A. Cautero, AICP, Administrator Please let me know your plans regarding the above and if I can be of ally further assista ~,',~ ~.. ~ l1 ww,v. co. ,lli~e~'3-s-2 2000 ~., I can be reached at 403-2369 and via e-mail at PhillTindall~colliergov.net. Phillip R. Tindall, Impact Fee Coordinator co: Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Ms. Vivien Hastings, c/o WCI Communities Edward J. Kant, P.E., Director, Transportation Services Department Thomas E. Kuck, P.E., Engineering Review Manager Michelle Edwards Amold, Director Code Enfomement Department SEP I 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Edward R. Griffith Vice President Watermark Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees--Tiburon, Pelican Marsh, and Bay Colony Golf Courses Dear Mr. Griffith: On May 11, 2000, WCI paid, under protest, road impact fees in the amount of $703,943.76 for the three subject golf courses. In your letter dated May 11, 2000 you requested a review hearing before the Board of County Commissioners pursuant to Section 3.07 of the Road Impact Fee Ordinance. The Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner files the request. However, in your letter, you expressed a desire to present to the Board alternative impact fee calculations. Since the alternative fee calculations were not near to being completed, the review hearing was not scheduled at that time. Nearly four months have passed since you submitted your request, and it is necessary that we bring this matter to a conclusion, thus, the review hearing for the three subject golf courses will take place at the September 12, 2000 regular Board of County Commissioners meeting. WCI was notified in March 1998, and later in May 1998, of the requirement to pay impact fees. You received a follow-up notice in May 1999. In response to the May 1999 notice, WCI submitted an alternative fee calculation, in the amount of $72,382, for Tiburon. This alternative calculation was not presented to the BCC. I sent you a letter in April 2000 explaining in detail the problems with the alternative fee calculation vis-h-vis the standards of the Ordinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether WCI is eligible to submit alternative fee calculations at all. The fact that the fees have been paid in full under protest will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf courses, and numerous related building permits have since been issued. Please let me know ifI can be of any assistance. I can be reached at 403-2369. Vincent A. Cautero, AICP, Administrator SEP 12 2000 :ollier. fl.us I~g._ 7 Road Impact Fees--Tiburon, Pelican Marsh, and Bay Colony Golf Courses Page 2 Sincerely, Phillip R. Tindall, Impact Fee Coordinator prt/VAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrtor, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Dkector, Planning Services Department Robert Byme, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Vivien Hastings, Esq., WCI Judy Miller, Revenue Manager SEP 1 2 2000 EXECUTIVE SUMMARY REVIEW HEARING TO DETERMINE ELIGIBILITY TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR TWO NINE-HOLE GOLF COURSES AT GREY OAKS OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Grey Oaks Development Corp. to submit an alternative road impact fee calculation for two nine-hole golf courses at the Grey Oaks development. CONSIDERATION: The applicable development orders for the two nine-hole golf courses were issued by the Planning Services Department in April 1996 and June 1998. Grey Oaks was notified in March 1998, and later in May 1998, of the requirement to pay impact fees on the first golf. course. They received follow-up notices in May 1999, August 1999, and January 2000. The developer responded to the May 1998 notice by submitting an alternative fee calculation in the amount of $40,288.57, which represented a fee adjustment of $79,913.59. The alternative calculation was not presented to the Board. Staff sent Grey Oaks Development Corp. a letter in April 2000 explaining in detail the problems with this alternative fee calculation. The developer paici the fees in full, in the amount of $120,202.16, under protest on May 11, 2000, using impact fee credits, with the intent of subsequently submitting an alternative fee calculation. FISCAL IMPACT: The subject road impact fees have been paid in full by the developer, a total of $120,202.16. The fees were paid by way of impact fee credits for Road Impact Fee District 2 (E. Naples & Golden Gate City - Fund 333). Any reduction in the fee would not result in a cash refund, but would be recorded as an adjusting entry in the applicable impact fee credit ledger. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board provide staff with direction regarding the petitioner's eligibility to submit an alternative road impact fee calculation for two nine-hole golf courses at the Grey Oaks developmeAt. .--, Phillii~R. Tindall, hnpact Fee Coordinator REVIEWED BY: Date: /J~d~f~iller, ,~enue~ar~ager APPROVED BY: ~ .~..~-' ~ Date: 'Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division SEP 1 2 2000 pg._ / __ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Tom Sansbury Grey Oaks Development Corp. 2640 Golden Gate Parkway Naples, Florida 34105 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees Grey Oaks Golf Courses Dear Mr. Sansbury: On May 11, 2000, Grey Oaks paid, under protest, road impact fees in the amount of $120,202.16 for two nine-hole golf courses. In your letter dated May 11, 2000, you requested a review hearing before the Board of County Commissioners pursuant to Section 3.07 of the Road Impact Fee Ordinance. The Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date of t-he request. However, you also expressed a desire to present to the Board an alternative impact fee calculation. Since the alternative fee calculation was not near to being completed, the review hearing was not scheduled at that time. Nearly four months have passed since you made your request, and it is necessary that we bring this matter to a conclusion, thus, the review hearing for the subject golf courses will take place at the September 12, 2000 regular Board of County Commissioners meeting. Grey Oaks was notified in March 1998, and later in May 1998, of the requirement to pay impact fees. You received follow-up notices in May 1999, August 1999, and January 2000. In response to the May 1998 notice, Grey Oaks submitted an alternative fee calculation, in the amount of $40,288.57. This alternative calculation was not presented to the BCC. I sent a letter to David Crowley of Grey Oaks Development Corp. in April 2000 explaining in detail the problems with the alternative fee calculation vis-h-vis the standards of the Ordinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether Grey Oaks is eligible to submit alternative fee calculations at all. The fact that the fees have been paid in full under protest will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf courses, and numerous related building permits have since been issued. Please let me know ifI can be of any assistance. I can be reached at 403-2369. Vincent A. Cautero, AICP, Administrator SEP 1 2 2000 ).col. lier. fl.u~ Pg. ~ ._ Road Impact Fees--Grey Oaks Golf Courses Page 2 Sincerely, Phillip R. Tindall, Impact Fee Coordinator prt/VAC Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Cimuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attomey Vincent A. Cautero, AICP, Adminis~or, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager David Crowley, Grey Oaks Development Corp. Judy Miller, Revenue Manager SEP 1 2 2000 UNTRY C L U B'~,~,,..,_~.. May ! I, 2000 Mr. Phillip R. Tindall Impact Fee Coordinator Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Golf Course Road hnpact Fees - Alternative Fee Calculation Dear Mr Tindall' This is in reply to your letter of April 20, 2000, addressed to Mr. David CrowIcy of Grey Oaks Development Corporation regarding the above-referenced subject, a copy of which is attached. Your letter acknowledges receipt of an alternative road impact fee calculation for the golf courses at Grey Oaks and provides the County's notice of impact fee statement of the amount allegedly due. Your letter requests that we submit another or new alternative impact fee calculation. We will agree to follow the recommended course of action that you outlined in your letter. You should consider this letter as an application, made and paid under protest, for impact fee credit in the amount of$120,202.16. Grey Oaks Development Corporation does plan to submit an alternative fee calculation. As stated in your letter, the Count5' will consider the fees paid under protest. and if the Board of Count?y Commissioners subsequently approves the new altcxnati~ e fee calculation, the County ~ill ~n'ake an entry m the credit ledger to reflect a refilnd of the difference. This letter also serves as a request for a separate review hearing as to the correctness and calculation of the application of the appropriate Road Impact Fee for the Grey Oaks golf course. Please place on hold or continue any hearings before the Board of County' Commissioners on our current alternative fee calculation and our separate request for a review hearing, pending completion of a new alternative fee calculation. Inasmuch as the County is holding unused road impact fee credits for the Grey Oaks property in an amount in excess of the amount of road impact fees that are allegedly due for the Grey Oaks golf course, we do not ttf~.k it was appropriate to refer ~o Grey Oaks as delinquent. Thank you for your attention to titis matter. Should you have any questions, please do not hesitate to contact me. Ccz Vincent Caulero -- Community Development Environmental Set. Div. R Bmcc Anderson - Young, Van Asscndcrp, Varnadoe & Anderson, PA. David Crowlos Mark Morion (;re), Oaks Det~elopment Corporation 2600 (;olden Cate Partzu,a)~ Suite 105 · Naples, it'/. 34105 · Phone: 941.403.6800 * t.~x: 941.40.t. SEP 12 2000 so8 PII. /7/ COLLIER COUNTY GOVERNMENT COMblUNITY DEVEI,OPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone i9411 403-2385 Fax i941) 403-2395 April 20, 2000 Nlr. David CrowIcy Grey Oaks Development Corporation 2640 Golden Gate Parkway Naples, Florida 34105 RE: Golf Course Road Impact Fees--Alternative Fee Calculation Dear Mr. Crowley: I am writing m follow-up to our telephone conversation of April 1% 2000 regarding the alternative road impact fee calculation For golf courses at Grey Oaks. Based on the site development plans (SDP 96-33 and 9g-84}, the subject golf courses comprise a total of 112.76 acres. Ordinance 92-22, the Road Impact Fee Ordinance, Appendix A, specifies a rate of $1,066 per acre. At that rate the impact fee would be S120,202.16. As we discussed. the County is in receipt of your alternative fee calculation, which reflects a net fee of $39,072.95. The basis for this alternative fee is a trip generation rate of 306 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as 7kip Generation, 6th Edition, published by the Instilute of Transportation Engineers, or it coukt be a local study. Ira local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. L;nfortunately, the source of the trip generation data used m your alternative fee calculation does not meet either of these criteria. My recommended course of action is that you submit an application for impact tee credit in the amount of $ ! 20,202.16. We will then make an entry in your impact fee credit ledger and the Fees will be considered paid in t~11. If at that time you notitX.' the County that you plan to submit a new alternative fee calculation. we will consider the 'fees paid under protest. If the Board of County Commissioners subsequently approves the new alternative fee calculation, we will make another entry in your credit ledger to rolloct a telhad of the diftkrencc. Please let ~ue kn,~w your prefereuc~ regarding the ab~,x'c rccommcndatJtm and if l m b~4i~ ' Vineerst A. (~auter~, A[CP. Administrat~t' further assistance. [ can bc reached at 40~-2~¢O and via ~2-mail at P}~il['l'inda[I Sincerely. Vincent A. Cautem. AICP, Administrator, Commtmity Development & Environmental .qer~'ices Mr. Tom Sansbu~, President, Grey Oaks Development Corp. Edward I. Kant, P.E., Director, Transportation Services Department Thomas E. Kuck, ['.E., Engineering Review Manager SEP 1 2 2O00 EXECUTIVE SUMMARY REVIEW HEARING TO DETERMINE ELIGIBILITY TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE VALENCIA AT ORANGETREE GOLF COURSE OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Orangetree Associates to submit an alternative road impact fee calculation for the Valencia at Orangetree golf course. CONSIDERATION: The applicable development order for the golf course was issued by the Planning Services Department in May 1995. Notices were sent in March 1998 and May 1998. In August 1998, Q. Grady Minor and Associates, P.A. submitted an alternative fee calculation in the amount of $62,723, an adjustment of $65,197.00. It was not presented to the BCC. To date, no road impact fees have been paid. On June 20, 2000 staff sent Orangetree Associates a formal Notice of Impact Fee Statement demanding full payment. FISCAL IMPACT: Road impact fees in the amount of $120,202.16 are due and payable for Road Impact Fee District 6 (Golden Gate Estates - Fund 338). GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board provide staff with direction regarding the petitioner's eligibility to submit an alternative road impact fee calculation for the Valencia at Orangetree golf course. ~/~/~/Z' ~ Date: SUBMITTED BY: Pl~ilhp R. Tindall, I~npact Fee Coordinator Ju~fller, ~venue Manager APPROVED BY: ~,/~~- ~---~-~ Date: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division SEP 12 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Roberto Bollt, Trustee Orangetree Associates 3000 Orange Grove Trail Naples, Florida 34120 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees--Valencia at Orangetree Golf Course Dear Mr. Bollt: On June 21, 2000 you received a Notice of Impact Fee Statement from Collier County demanding payment of $127,920.00 in unpaid road impact fees for the subject golf course. Attached to the Notice was a copy of Ordinance No. 92-22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that a review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for Valencia at Orangetree will take place at the September 12, 2000 regular Board of County Commissioners meeting. In October 1998, Q. Grady Minor and Associates submitted an alternative fee calculation, which reflects a net fee of $62,723.00. However, as explained in the above referenced Notice, the data upon which the calculation was based does not comply with the standards of the Road Impact Fee O[dinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether Valencia at Orangetree is eligible to submit an alternative fee calculation at all. The fact that you have made a previous attempt, in good faith, at producing an alternative fee calculation will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf course, and numerous related building permits have since been issued. Please let me know ifI can be of any assistance. I can be reached at 403-2369. SEP 12 2000 Vincent A. Cautero, AICP, Administrator www. Road Impact Fees--Valencia at OrangeWee Golf Course Page 2 Sincerely, ,,~ Phillip R. Tindall, Impact Fee Coordinator prt/VAC Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrtor, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attomey Robert Mulhere, AICP, Director, Planning Services Department Robert Byme, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. James H. Siesky, Esq., Siesky, Pilon & Wood Judy Miller, Revenue Manager SEP 1 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION June 20, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Roberto Bollt, Trustee Orangetree Associates .3000 Orange Grove Trail Naples, Florida 34120 CERTIFIED MAIL - RETURN RECEIPT REQUESTED # 7000 5020 0016 1363 1528 RE: Notice of Road Impact Fee Statement--Valencia at Orangetree Golf Course Dear Mr. Bollt: I am writing in follow-up to the County's previous correspondence regarding road impact fees for the Valencia at Orangetree golf course. The subject golf course is a part of the Orangetree PUD (see attached legal description excerpt from Ord'mance No. 87-13, as amended). Our records indicate that the subject golf course is a 121~-acre facility, which was constructed pursuant to a preliminary work authorization dated September 9, 1997. At that time, Ordinance No. 92-22,.the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre. Applying that rate, the total road impact fee for a 120-acre golf course is $127,920.00. In October 1998, Q. Grady Minor and Associates submitted an alternative fee calculation, which reflects a net fee of $62,723.00. The basis for this alternative fee is a trip generation rate of 240 trip ends per day. In. order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6th Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation does not meet either of these criteria. I enclosed for your convenience a copy of Collier County Ordinance No. 92-22, as amended, and the Alternative Study Guidelines, which apply to, your study. If a study that does not comply- with Ordinance No. 92-22 and the guidelines is presented to the Board of County Commissioners for review and approval and the study is not complete, the Board can deny the request f, alternative road impact fee based on incompleteness alone. This Notice of Road Impact Fee Statement is effective on the date it is received as in( the return receipt. Within thirty (30) calendar days from the effective date of this n( Vincent A. Cautero, AICP, Administrator www. co.~ icat,~nl 2 2000 tice, you 11ied~.q ~ . must remit the amount due of $127,920, or you may request a review hearing before the Board of County Commissioners. If you opt for a review heating, you must make the request through the Office of the County Manager within thirty (30) calendar days of your receipt of this notice. The road impact fees shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of this notice if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. :Please let me know ifI can be of any assistance. I can be reached at 403-2369 and via e-mail at PhillTindall~colliergov.net. Sincerely, Phill~i~p'~ee Coordinator Attachment: Legal Description (Excerpt fi'om Ordinance No. 87-13, as amended) cc: Board of County Commissioners (5 Copies) (w/o Attachments) Thomas W. Olliff, County Manager (w/o Attachments) David C. Weigel, Esq., County Attorney (w/o Attachments) Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division (w/o Attachments) Mark W. Minor, P.E., Q. Grady Minor and Associates, P.A. Robert Byrne, Director, Internal Audit Department (w/o Attachments) Heidi F. ~Ashton, Esq., Assistant County Attorney (w/o Attachments) Thomas Palmer, Esq., Assistant County Attorney (w/o Attachments) SEP 1 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Roberto Bollt, Trustee Orangetree Associates 3000 Orange Grove Trail Naples, Florida 34120 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees--Valencia at Orangetree Golf Course Dear Mr. Bollt: On June 21, 2000 you received a Notice of Impact Fee Statement from Collier County demanding payment of $127,920.00 in unpaid road impact fees for the subject golf course. Attached to the Notice was a copy of Ordinance No. 92-22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that a review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for Valencia at Orangetree will take place at the September 12, 2000 regular Board of County Commissioners meeting. In October 1998, Q. Grady Minor and Associates submitted an alternative fee calculation, which reflects a net fee of $62,723.00. However, as explained in the above referenced Notice, the data upon which the calculation was based does not comply with the standards of the Road Impact Fee Ordinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether Valencia at Orangetree is eligible to submit an alternative fee calculation at all. The fact that you have made a previous attempt, in good faith, at producing an alternative fee calculation will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf course, and numerous related building permits have since been issued. Please let me know ifI can be of any assistance. I can be reached at 403-2369. Vincent A. Cautero, AICP, Administrator ww'~ SEP 1, 2 2000 co. c~.lier. f~s Road Impact Fees--Valencia at Orangetree Golf Course Page 2 Sincerely, ~ Phillip R. Tindall, Impact Fee Coordinator prt/VAC Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrtor, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Deparanent Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. James H. Siesky, Esq., Siesky, Pilon & Wood Judy Miller, Revenue Manager SEP 1 2 2000 EXECUTIVE SUMMARY REVIEW HEARING TO CONSIDER AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR VANDERBILT COUNTRY CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Worthington Communities to submit an alternative road impact fee calculation for Vanderbilt Country Club. CONSIDERATION: The applicable development order for the golf course was issued by the Planning Services Department in October 1997. In April 1998, staff assessed road impact fees on the clubhouse in the amount of $35,727.03. On August 3, 1999, The BCC approved an alternative fee calculation for residential construction at Vanderbilt Country Club. The alternative fee calculation was based on a study conducted by Kimley-Horn and Associates, Inc. The petitioner contends that the data upon which the previous calculation was based encompasses the transportation impact of the golf course, thus, road impact fees should not have been separately assessed for the golf course. On June 20, 2000 staff sent Worthington Communities a formal Notice of Impact Fee Statement demanding full payment. FISCAL IMPACT: Unless the Board approves the alternative fee calculation, road impact fees in the amount of $106,481.37 are due and payable for Road Impact Fee District 1 (North Naples - Fund 331). GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: road impact fee calculation for V~t/C~untry Clu~. SUBMITTED BY: ~/~ "- Date: Ph'~liF'l~. Tindall, Impact Fee Coordinator REVIEWED BY: d~' ',n!-Z/-~-~,.~,~.fT~z-~ Date: Jud~[Vliller:J~t[civenue Manager That the Board provide staff with direction regarding an alternative APPROVED BY: Date: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division SEP 1 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Scott Connell Worthington Communities 14291 Metro Parkway, 1300 Ft. Myers, Florida 33912 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees--Vanderbilt Country Club Golf Course Dear Mr. Connell: Recently you submitted a request for a review hearing regarding road impact fees for the subject golf course. The request was submitted in response to our June 20, 2000 Notice of Impact Fee statement in which we demanded payment of $106,481.37 in road impact fees. Attached to the Notice was a copy of Ordinance No. 92-22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for Vanderbilt Country Club will take place at the September 12, 2000 regular Board of County Commissioners meeting. ~ In the above referenced review hearing, staff will ask the Board to make a determination as to whether Vanderbilt Country Club is eligible to su_bmit an alte. mative fee calculation at all. The fact that a partial payment was made in 1998 will be taken into account. In addition, in August 1999, the Board of County Commissioners approved an alternative fee calculation for residential construction at Vanderbilt Country Club, and the data upon which that calculation was based may be sufficient to ascertain the transportation '.mapacts of the subject golf course. This_will ................ also be taken into account. Please let me know ifI can be of any assistance. I can be reached at 403-2369. Sincerely, orp . , p prt/VAC Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Vincent A. Cautero, AICP, Administrator ITEM /.2(9) / 0 SEP 1 2 2000 .collier. fi.us Road Impact Fees--Vanderbilt Country Club Golf Course Page 2 Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attomey Vincent A. Cautero, AICP, Adminislrator, Community Development 8; Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attomey Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Intemal Audit Department Tom Kuck, P.E., Engineering Review Manager _ Mr. Richard Yovanovich, Esq., Goodlette, Coleman & Johnson, PA. Judy Miller, Revenue Manager ..../,,,~/C SEP 1 2 2000 Kimley-Horn and Associates, Inc. August 31, 2000 Mr. Phillip R. Tindall Impact Fee Coordinator Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 · 1220 Tech Boulevard Tampa, Florida 33619 Re: Vanderbilt Country Club Golf Course Notice of Road Impact Fee Statement Dear Mr. Tindall: Pursuant to your request at our August 2, 2000 meeting, we are providing the following letter report which addresses the road impact fee issues raised by the County. In addition, this letter report also addresses your June 20, 2000 correspondence expressing concern that the impacts associated with the golf course at Vanderbilt Country Club were not considered in the alternative road impact fee calculations. This letter report further addresses the alternative road impact fee calculations performed by Kimley-Horn and Associates, Inc. for the alternative road impact fee determination and summarizes trip generation rates/impact fees to be applied if the golf course was assessed independently. As noted in the June 20, 2000 letter from Collier County, Vanderbilt Country Club (VCC) golf course is part of the Vanderbilt Country Club PUD. Residents, visitors, golf course users, employees, delivery trucks or any additional trips created by personnel visiting the development are required to access the site through the driveways provided at the entrance of the Vanderbilt Country Club community. As stated in the Kimley-Horn July 20, 2000 clarification letter to Glen Cribbett, data for the May 1999 alternative road impact fee study performed by Kimley- Horn was collected from all driveways entering and exiting each of the study site developments. Use of these driveways included residents, golf course users, site employees, delivery trucks and other trips created by the development. The May 1999 alternative road impact fee study performed by Kimley-Horn did count all trips entering and exiting each of the study sites. This included residential trips, golf course related trips, as well as other trips entering and exiting the development. Although data was collected at each of the study sites for total trips entering and exiting each development, the data that was collected was not separated into residential trips and golf course trips. Instead, the trips generated by the golf course were included in the transportation impact fee calculations for residential single-family and multi-family dwellings. · TEL 813 620 1460 FAX 813 620 1542 ,,,./o(c)10 SEP 2 Kimley-Horn and Associates, Inc. Mr. Phillip Tinrail, August 31, 2000, Page 2 Transportation surveys collected in a previous study conducted at Countryside Golf and Country Club by Kimley-Horn and Associates, Inc. in 1997 did ask the question if their trip was related to the golf course so that trips related to the residential dwelling units could be separated from trips made by the golf course. Countryside Golf and Country Club consists of a 163.17 acre private golf course facility similar to that planned at Vanderbilt Country Club at buildout. Analyzing data obtained from these 1,485 surveys, a total of 6.1 percent of the total entering and exiting traffic at Countryside Country Golf and Club was related to the golf course and the remaining 93.9 percent of the total entering and exiting traffic was related to the single-family and multi-family dwelling units. Therefore, based upon this data, on average 290 of the 4,757 daily trips generated by Countryside Golf and Country Club were related to the golf course and the remaining 4,467 trips were related to residential dwelling units. As defined in the approved February 22, 1999 methodology letter for the May 1999 study, trip generation rates by dwelling unit type were determined at each of the study sites and are summarized in Table 1. Based upon the May 1999 study results, the single-family and multi-family trip generation rates to be used in calculating the alternative road impact fee included the transportation impacts of the golf course trips. The simple average trip generation rate of the three study sites was determined as defined in the approved study methodology. TABLE 1 May 1999 Trip Generation Summary Dwelling Units (DU)Average Trip Generation Daily Rate (TE/DU) Study Site Trip Single- Multi- Ends Single- Multi- Family Family (TE) Family Family Bear's Paw 15 282 1,353 6.48 4.45 Worthington 255 544 3,100 5.19 3.26 Countryside 223 900 4,757 5.65 3.89 Average Trip Generation Rate (including golf course trips in the residential rate):5.773.87 Corresponding Alternative Road Impact Fee (per Dwelling Unit): $828.42 $558.99 In order to show the transportation impacts for the residential dwelling units only, golf course trips (6.1 percent of the total trips) were removed from each of the average daily trip ends based upon the results of surveys collected previously at the Countryside Golf and Country Club. The adjusted trip generation rate (and corresponding reduced road impact fee rate for the residential units) showing just transportation impacts associated with only the residential units are summarized in Table 2. AC, ENOA I'Wv.M SEP I2 2000 Kimley-Horn and Associates, Inc. Mr. Phillip Tindall, August 31, 2000, Page 3 TABLE 2 Adjusted Residential Only Trip Generation Summary Dwelling Units Residential Trip Generation (DU) Daily Rate (TE/DU) Study Site Single- Multi- Trip Ends Single- Multi- Family Famil}, (TE) Family Family Bear' s Paw 15 282 1,270 6.08 4.18 Worthington 255 544 2,911 4.88 3.07 Countryside 223 900 4,467 5.31 3.65 Residential Only Average Trip Generation Rate (excluding golf course trips in the residential rate):5.423.63 Corresponding Alternative Road Impact Fee (per Dwelling Unit): $779.01 $518.03 Trips associated with golf course are to be assessed based upon the size of the golf course facility in acres as defined in Ordinance 92-22. Table 3 summarizes expected trip generation rates for Countryside Golf and Country Club. TABLE 3 Golf Course Trip Generation Summary Golf Golf Trip Road Impact Fee Study Site Course Course Generation Rate Trips Acreage Rate Countryside 290 163.17 1.78 $223.45 per acre Collier Country Ordanance 92-22 8.30 $1,066.00 per acre Based upon data collected at the Countryside Golf and Country Club and Ordinance 92-22, Vanderbilt Country Club should be assessed $29,808.23 in transportation impact fees ($223.45/acre x 133.4 acres) for the 133.4 acre golf course. Vanderbilt Country Club has already paid $35,723.03 for the golf course development which is greater than that required by the development. In summary, if transportation impacts for single-family dwelling units, multi- family dwelling units, and the golf course were to be assessed independently, Table 4 summarizes expected trip generation rates and corresponding road impact fees for each land use based upon Ordinance 92-22. ~ ITEM SEP 1 2 2000 Pg. I ,~ ~ ~"~ Kimley-Horn ~ ~ . and Associates, Inc. Mr. Phillip Tindall, August 31, 2000, Page 4 TABLE 4 Trip Generation Road Impact Fee Summary Average Trip Road Impact Development Unit Generation Rate Fee Rate Single-Family Units 5.42 trip ends per dwelling unit $779.01 per dwelling unit 3.63 trip ends per Multi-Family Units dwelling unit $518.03 per dwelling unit Golf Course 1.78 trip ends per acre$223.45 per acre If you have any questions regarding this analysis, please call us at (813) 620-1460. We look forward to discussing this matter with you at our September 5, 2000 meeting at your office. Very truly yours, KIMLEY-HORN AJ~D ASSOCIATES, INC. Christopher C. Hatton, P.E. Associate CCH/det Copy to: Vincent A. Cautero, Collier County Scott Cormell, Worthington Commu~ties Glenn Cribbert, Vanderbilt Country Club Richard Yovanovich, Goodlette, Coleman & Johnson, P.A. Richard Bart, Kimley-Hom and Associates, Inc. David E. Troemel, E.I. Transportation Analyst H:\048618.0 l'~etters\tindal1083100.doc SEP 1 2 2000 COLLIER COUNTY GOVE NT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION June 20, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. Scott Cormell Worthington Communities ,14291 Metro Parkway, #1300 Ft. Myers, Florida 33912 CERTIFIED MAIL - RETURN RECEIPT REQUESTED # 7000 0520 0016 1363 1511 RE: Notice of Road Impact Fee Statement--Vanderbilt Country Club Golf Course Dear Mr. Cormell: I am writing in follow-up to the County's previous correspondence regarding road impact fees for the Vanderbilt Country Club (VCC) golf course. The VCC golf course is a part of the Vanderbilt Country Club PUp. (see attached legal desc'rrption---excerpt from Ordinance No. 98- 52). Our records indicate that the subject golf courSe'is a 133.4-acre facility, which was constructed pursuant to a preliminary work authorization dated October 21, 1997. At that time, Ordinance~lXJo. 92-22, the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre. Applying that rate, the total road impact fee for a 133.4,acre golfceurse is $142,204.40. In April 1998, the County assessed and collected a road impact fee of $35,723.03 as a prerequisite to issuing a building permit for the VCC dubhouse; hence, the total amount now due is $106,481.37. " We are aware that the Board of County Commissioners approved an alternative fee calculation for Vanderbilt Country Club on August/3~ 1999. You cited that fact in response to Tom Kuek's letter of February l, 2000. We have'since' thoroughly reviewed the official records' of the August .3, 1999 BCC meeting, as well as the May 1999 transportation impact study prepared by Kimley- Horn and Associates, Inc., and have reached the following conclusions: 1. The Kimley-Hom study was conducted to support an alternative road impact fee, , calculation solely for residential construction within the VCC development. The study specifically recommended road impact fee rates to be assessed per dwelling unit on single family and multi-family residential construction. · - 2. The study in no way addressed the transportation impacts on the County's arterial road network created by the VCC golf course. The study included neither statistica[ data regarding the golf course nor a recommendation for an alternative golf el hrse ~ II~.., road impact fee. ~ J, ff.(,(~ ) 10 3. The above referenced alternative fee calculation does not apply to the VCC g, Vincent A. CCaUut~ero, AICP, Administrator www. eo.eol if SEP 1 2 20.90 ier. fl.us This Notice of Road Impact Fee Statement is effective on the date it is received as indicated on the return receipt. Within thirty (30) calendar days fi'om the effective date of this' notice, you must remit the amount due of $106,481.37, or you may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County Manager within thirty (30) calendar days of this notice. ° - The road impact fees shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of this notice if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on ~e unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Offieiai Records of the County. I enclose for your convenience a copy of Collier County Ordinance No. 92-22, as amended, and a copy of the Altemative Study Guidelines applicable thereto. Please let me know ifi can be of any assistance. I can be reached at 403-2369 and via e-mail at phillTindall~colliergov.net. Sincerely, Attachment:1. Legal Description (Excerpt from Ordinga_ ce No. 98-52) 2. Ordinance No, 92-22-& Alternative-Study Guidelines ............................... co: Board of CountyCommissioners (5 eopi~) (w/o Atlaehments) Thomas W. OIliff~ County Manager (w/o Atmdunents) David C. Weigel, Esq., County Attorney (w/o Attachments) Vincent A. Cautero;'AICP; Admini.ntxator,-C. anffauaity DeV~lopment & Eawronmental Serw~e~ D~ws~on (w/o Attachments) ~ Robert Byrne, Director, Internal Audit DetSartment (w/o Attachments) Heidi F. Ashton, F~., A~si.s~t County A. ttomey (w/o Attacheneats) Thomas Palmer, Esq., A~sistant County Attorney (w/o.Attachments) SEP 12 2000 I~1[._ q EXECUTIVE SUMMARY .M:'PRO','E A_N ALTERNATE ROAD IMPACT FEE CALCULATION FOR THE \'.<'.-CDERBILT COUNTRY CLUB (VCC) DEVELOPMENT. OBJECTIVE: To present to the Board the results of a developer's alternate road impact fee stud)' and staffs analysis of same and to request the Board approve staffs proposed alternate road impact fee for the VCC. CONSIDERATIONS: Attachment No. 1 is the developer's Executive Summary for an alternate road impact fee study performed for the VCC. The developer initiated this study consistent with Section 2.03 of Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance (the "Ordinance"). In that study, the developer used the basic methodology set forth in the Ordinance and proyided the following findings specific to his gated, golf-course community: Average Trip Rate - Single Family Dwellings Multi- Family Dwellings Average Total Trip Length - Average Assessable Trip Length - Average Percent New Trips - 5.77 trip ends per unit per day 3.87 trip ends per unit per day 5.40 miles per dwelling unit 4.70 miles per dwelling unit 100% per dwelling unit Staff has reviewed the developer's alternate fee study and has determined that, while the methodolo~' is consistent with the Ordinance, the data lead to somewhat more conservative findings. Specifically, the trip generation rate determination in the study suffered from a lack of uniformity in determining whether a trip was generated from a single-family or a multi-family dwelling. However, the trip rate produced by the developer is within the range for the dwelling ~'pes provided in Trip Generation. Attachment No. 2 is a set of road impact fee worksheets showing the road impact fees developed using both the developer's study and data results and staffs review and recommendations for this project. Here follows a table summarizing these worksheets: Road Impact Fee Ordinance 92-22 Staff Review Alternate Study Developer's Alternate Study Sinele Family Multi Family $1379/unit $ 951/unit $ 846/unit $ 607/unit $ 827/unit $ 555/unit The staff recommendation is consistent with the existing fees for Townhouse/Condominium in lieu of Single-Family Dwelling and High-rise Multi-family in lieu of Low-rise-Multi-Family. Althoueh staffs review indicates a significant reduction in fee, this reduction is justified by the combir~ation of a lower trip generation rate and the obvious internal capture of the on-site golf course and other social and recreational amenities. Staff recommends that the Board acce )t and approve the staff-proposed alternate road impact fees for the VCC as presented above. ~ n'~ FISCAL IMPACT: The VCC project is permitted for 222 single-family dwelling units multi-family dwelling units. If accepted by the Board, this alternate road impact fee, gi~ assumptions stated, would reduce the future funds available in Fund 333 (Road Impact District No. 2) as follows: ~nd~ 1 2 2000 sn the ~ee ~. Per Ordinance 92-22: Single-family Fees - Multi-family Fees - 222 units ~ $1379/unit = $306,138 578 units ~ $ 951/unit -- $549,678 Total Estimated Fees = $855,816 Executive Summary Approve an Alternate Road Impact Fee Calculation for NHGCC Page 2 Per Staff Recommendation: Single-family Fees - Multi-family Fees - 222 units ~ $ 846/unit = $187,812 578 units ~ $ 607/unit = $350.846 Total Estimated Fees = $538,658 Net estimated reduction in future funds available = $317.158 GROWTH MANAGEMENT IMPACT: The alternate road impact fee reflects an appropriate impact on the arterial roadway system. There would be, therefore, no growth management impact as long as the reduced revenue is offset by reduced road needs. RECOMMENDATIONS: The Board endorse staffs suggested alternate road impact fee; direct staff to collect the fees accordingly; confirm that this alternate road impact fee is site-specific and shall not be considered a general case in that differing~ets of facts will result in a different set of findings. ~ PREPARED BY: ~~ DATE: '7 -/'"~'~ Edward JCant, P.E.~ortation Services Director Ed Ilschner, Pub~[ic orks Administrator Attachments:No. 1 - Consultant's Executive Summary of Alternate Road Impact Fee Study No. 2 - Road Impact Fee Worksheets SEP 12 2000 AC, F. NDA I~ SEP 1 2 2000 EXECUTIVE SUMMARY REVIEW HEARING TO CONSIDER AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR NAPLES HERITAGE GOLF AND COUNTRY CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from U.S. Home Corp. to submit an alternative road impact fee calculation for Naples Heritage Golf and Country Club. CONSIDERATION: In October 1993, the prior owners of the subject property, Shamrock Golf and Country Club, Inc., paid a road impact fee in the amount of $27,447. This was not approved by the Board. The applicable development order for the golf course was issued by the. Planning Services Department in September 1996. Notices were sent in March 1998 and May 1998. On June 20, 2000 staff sent Naples Heritage a formal Notice of Impact Fee Statement demanding full payment. The developer has provided staff with documentation supporting an adjusted fee based on a revised acreage figure, which is 25.6 acres less than the amount reflected in the PUD document. The adjustment reflects preserve areas and lakes. FISCAL IMPACT: Unless the Board approves adjusted fee, road impact fees in the amount of $82,884 are due and payable for Road Impact Fee District 2 (E. Naples & Golden Gate City - Fund 333.). GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board provide staff with direction regarding an alternative road impact fee calculat!o~t for the Naples Heritage Golf and Country Club. SUBMITTED BY: ~~ '/~~-7/ Date: ~/~/~' ~" Ph'11'~ ~/R. Tinda~I'!, Irn apct Fee C~oordinator REVIEWED BY: ~~.2~~.d ~~ Date: ~2 -~:~ 'ff-]d-) ud iller, Re ' ub l~an~.g r APPROVED BY: ?~~ ~" la&Date: ' ~--- ~"~ A. Cautero, AICP, Administrator Community Development & Environmental Services Division SEP 1 2 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRO~NTAL SERVICES DMSION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. John R. Campbell Division Vice President South Florida Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, Florida 33912 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees Naples Heritage Golf and Country Club Dear Mr. Campbell: On July 21, 2000, the legal counsel for Naples Heritage Golf and Country Club (NHG&CC) submitted a request for a review hearing regarding road impact fees for the subject golf course. The request was submitted in response to our June 20, 2000 Notice of Impact Fee statement in which we demanded payment of $82,884.00 in road impact fees. Attached to the Notice was a copy of Ordinance No. 92-22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for NHG&CC will take place at the September 12, 2000 regular Board of County Commissioners meeting. In the above referenced review hearing, staff will ask the Board to make a determination as to whether NHG&CC is eligible to submit an alternative fee calculation at all. The fact that a partial payment was made in 1993 based on a good faith attempt at an alternative fee calculation will be taken into account, even though the data upon which that calculation was based did not comply with the standards of the Ordinance On JuiCy 31, 2000, you delivered to my office a scale drawing of the subject golf course supporting a revised acreage figure of 77.9 acres. This represents an adjustment of 25.6 acres for preserve areas and lakes. On August 23, 2000, I sent you a letter stating that this revised acreage figure will be acceptable to the County for the calculation of the road impact fee, however, my statement was premature. We have since discussed the issue with the Clerk of the Circuit Court and the County Attorney, and have concluded that the Board must approve such a revised acreage figure before we can use it to calculate your road impact fee. At the September 12 review hearing, we will also ask the Board to rule on your request for a revised acreage figure. Please let me know ifI can be of any assistance. I can be reached at 403-2369. Vincent A. Cautero, AICP, Administrator co i .d.L2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION June 20, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Ms. Helen I. Sarver Naples Heritage Golf and Country Club 10060 Amberwood Road, Suite 3 Ft. Myers, Florida 33913 CERTIFIED MAIL- RETURN RECEIPT REQUESTED # 7000 oq)o o01 fi 1't63 1535 Notice of Road Impact Fee Statement--Naples Heritage Golf and Country Club Golf Course Dear Ms. Sarver: I am writing in follow-up to the County's previous correspondence regarding road impact fees for the Naples Heritage Golf and Country Club (NHG&CC) golf course. The NHG&CC golf course is a part of the NHG&CC PUD (see attache] legal description---excerpt from Ordinance No. 95-74). Our records indicate that the subject golf course is a 103.5-acre facility that was constructed in 1996. At that time, Ordinance No. 92-22, the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre. Applying that rate, the total road impact fee for a 103.5-acre golf course is $110,331.00. On October 27, 1993, the prior owners of the subject property, Shamrock Golf and Country Club, Inc., paid a road impact fee in the amount of $27,447.00; hence, the total amount now due is $82,884.00. Officials of U.S. Home Corp. have provided us with documentation pertaining to an alternative fee calculation that was submitted in October 1993. However, the alternative road impact fee was not approved by the Board of County Commissioners and the data upon which the calculation was based does not meet the standards prescribed in the Road Impact Fee Ordinance. The basis for the alternative fee was a trip generation rate of 100 trip ends per day. In order to use variable data such as this, which was derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6th Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local' study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation does not meet either of these cs Vincent A. Cautero, AICP, Administrator www. co.( SEP 1 2000 dlier. fl.us This Notice of Road Impact Fee Statement is effective on the date it is received as indicated on the rerum receipt. Within thirty (30) calendar days from the effective date of service of this notice, you must complete one of three actions: 1. You may remit the amount due of $82,884; or 2. You may attempt to provide proof that the fee paid in 1993 was in fact calculated pursuant to the provisions of the Road Impact Fee Ordinance and approved by the Board of County Commissioners; or 3. You may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County Manager within thirty (30) calendar days of this notice. If, within thirty (30) days of this notice, you can demonstrate that the fee paid in 1993 was calculated and approved in accordance with the requirements of the Road Impact Fee Ordinance, the road impact fees for the NHG&CC golf course will be considered paid in full. Otherwise, the road impact fees shall be delinquent if they are not paid and received by the County within thirty (30) calendar days of the effective date of this notice or if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. I enclose for your convenience a copy of Collier C'~unty Ordinance No. 92-22, as amended, and a copy of the Alternative Study Guidelines applicable thereto. Please let me know if I can be of any assistance. I can be reached at 403-2369 and via e-mail at PhillTindall~colliergov.net. Attachments: 1. Legal Description (Excerpt from Ordinance No. 95-74) 2. Ordinance No. 92-22 & Alternative Study Guidelines · Board of County Commissioners (5 copies) (w/o Attachments) Thomas W. Olliff, County Manager (w/o Attachments) David C. Weigel, Esq., County Attomey (w/o Attachments) Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division (w/o Attachments) John R. Campbell, Land Development Manager, U.S. Home Corp. Robert Byme, Director, Intemal Audit Department (w/o Attachments) Heidi F. Ashton, Esq., Assistant County Attomey (w/o Attachments) Thomas Palmer, Esq., Assistant County Attorney (w/o Attachments) ~ ~ ,.. Road Impact Fees--Naples Heritage Golf and Country Club Page 2 Sincerely, Phillip R. T~dall, Impact Fee Coordinator prt/VAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Enviromental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Depa_mnent Robert Byme, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Dan Cox, Esq., Young, Van Assenderp,Varnadoe & Anderson, P.A. Ms. Helen I. Satvet, Naples Heritage Golf& Counlry Club, 10060 Amberwood Rd., Suite 3, Ft. Myers, FL 33913 Judy Miller, Revenue Manager -- ~ I1~t. Jd. SEP 12 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRO~NT~ SERVICES DIVISION September 2, 2000 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403-2385 Fax (941) 403-2395 Mr. John R. Campbell Division Vice President South Florida Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, Florida 33912 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees~Naples Heritage Golf and Country Club Dear Mr. Campbell: On July 21, 2000, the legal counsel for Naples Heritage Golf and Country Club (NHG&CC) submitted a request for a review hearing regarding road impact fees for the subject golf course. The request was submitted in response to our June 20, 2000 Notice of Impact Fee statement in which we demanded payment of $82,884.00 in road impact fees. Attached to the Notice was a copy of Ordinance No. 92-22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for NHG&CC will take place at the September 12, 2000 regular Board of County Commissioners meeting. In the above referenced review hearing, staff will ask the Board t6 make a determination as to whether NHG&CC is eligible to submit an alternative fee calculation at all. The fact that a partial payment was made in 1993 based on a good faith attempt at an alternative fee calculation will be taken into account, even though the data upon which that calculation was based d. id not · comply with the standards of the Ordinance On July 31, 2000, you delivered to my office a scale drawing of the subject golf course supporting a revised acreage figure of 77.9 acres. This represents an adjustment of 25.6 acres for preserve areas and lakes. On August 23, 2000, I sent you a letter stating that this revised acreage figure will be acceptable to the County for the calculation of the road impact fee, however, my statement was premature. We have since discussed the issue with the Clerk of the Circuit Court and the County Attorney, and have concluded that the Board must approve such a revised acreage figure before we can use it to calculate your road impact fee. At the September 12 review hearing, we will also ask the Board to rule on your request for a revised acreage figure. Please let me know ifI can be of any assistance. I can be reached at 403-2369. Vincent A. Cautero, AICP, Administrator ,.co; .ti.Z 2000 Road Impact Fees--Naples Heritage Golf and Country Club Page 2 Sincerely, Phillip R. T~dall, Impact Fee Coordinator prt/VAC Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. Olliff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Rarniro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Dan Cox, Esq., Young, Van Assenderp,Vamadoe & Anderson, P.A. Ms. Helen I. Sarver, Naples Heritage Golf& Country Club, 10060 Amberwood Rd., Suite 3, Ft. Myers, FL 33913 Judy Miller, Revenue Manager $EP 1 2000 This Notice of Road Impact Fee Statement is effective on the date it is received as indicated on the return receipt. Within thirty (30) calendar days from the effective date of service of this notice, you must complete one of three actions: t. You may remit the amount due of $82,884; or 2. You may attempt to provide proof that the fee paid in 1993 was in fact calculatid pursuant to the provisions of the Road Impact Fee Ordinance and approved by the Board of County Commissioners; or 3. You may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County Manager within thirty (30) calendar days of this notice. If, within thirty (30) days of this notice, you can demonstrate that the fee paid in 1993 was calculated and approved in accordance with the requirements of the Road Impact Fee Ordinance, the road impact fees for the NHG&CC golf course will be considered paid in full. Otherwise, the road impact fees shall be delinquent if they are not paid and received by the County within thirty (30) calendar days of the effective date of this notice or if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Cla'Lm of Lien against the property will be recorded in the Official Records of the County. . I enclose for your convenience a copy of Collier C'~unty Ordinance No. 92-22, as amended, and a copy of the Alternative Study Guidelines applicable thereto. Please let me know if I can be of any assistance. I can be' reached at 403-2369 and via e-mail at PhillTindall~colliergov.net. Sincerely, - ~ Phillip R. Tindall, Impact Fee Coordinator Attachments: 1. Legal Description (Excerpt from Ordinance No. 95-74) 2. Ordinance No. 92-22 & Alternative Study Guidelines Board of County Commissioners (5 copies) (w/o Attachments) Thomas W. Olliff, County Manager (w/o Attachments) David C. Weigel, Esq., County Attomey (w/o Attachments) Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division (w/o Attachments) John R. Campbell, Land Development Manager, U.S. Home Corp. Robert Byrne, Director, Internal Audit Department (w/o Attachments) He,di F. Ashton, Esq., Assistant County Attorney (w/o Attachments) Thomas Palmer, Esq., Assistant County Attorney (w/o Attachments) % SEP 12 EXECUTIVE SUMMARY PETITION V-98-1, A. KURT ARDAMAN, REPRESENTING ABC LIQUORS, INC., REQUESTING A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT LANDSCAPE BUFFER STRIP TO ZERO (0) FEET FOR PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST AND FURTHER DESCRIBED AS LOT 36, NAPLES GROVE AND TRUCK COMPANY'S NO. 2, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks a 15-foot variance from the required landscape buffer along US-41 as noted above. CONSIDERATIONS: This petition was continued indefinitely from the April 28, 1998 BCC meeting at the request of the petitioner to allow the owner time to prepare a landscape plan that relocates the landscape buffer requirement along US-41 to other parts of the site as a form of mitigation. The intent of this action was to assist the Board in considering the subject variance in light of the fact that the site is within the Davis Boulevard redevelopment area. The Board expressed concern that a variance to eliminate the landscape buffer would not be in keeping with the County's attempt to improve aesthetics in this area. From the time of the continuance to the submission of the attached landscape mitigation plan, the petitioner had been working with the Comprehensive Planning staff as they developed a plan for this area. The petitioner has indicated that they have tried to incorporate any suggestions, recommendations from staff as how best to be consistent with the redevelopment plans. The variance request is a result of a Florida Department of Transportation (FDOT) acquisition of 2,748 square feet or 20 feet of land area fronting along Tamiami Trail from an eminent domain action on August 18, 1995. This taking will result in a loss of landscaping and three parking spaces due to the road widening improvement of US-41. The FDOT has agreed to support this variance request, pursuant to a Mediated Settlement Agreement dated February_ 25, 1997. The petitioner contends that they would lose an additional 5 or 6 parking spaces if the 15-foot landscape buffer is required to be placed along the southern property line in the event of future redevelopment of the existing structure. The subject site currently contains 64 parking spaces while 61 parking spaces will be provided after the taking and road improvements are made. It should be noted that the subject site is a conforming lot of record and remains conforming in lot area and lot width after the 20-foot eminent domain taking by FDOT. However, if the public taking resulted in a non-conforming lot, Section 2.1.13 of the Collier County Land Development Code (LDC) would apply. This Section establishes the County's policy dealing with yards or lots reduced through public acquisition and indicates that the required yards are permitted to be reduced by the amount of the taking not to result in a front yard less than 10 feet. Other developed site concerns such as landscaping, surface water management and parking which become non-conforming have no comparable Code provision dealing with non-conformities resulting from a public taking. -AG~.N~A ITEM 1 SEP } 2 2000 However, where landscaping becomes non-conforming due to the taking of property for public purpose, curative measures would only be addressed should the established use expand, which would require landscaping to be installed to meet current requirements to the greatest extent possible per section 2.4.7 of the LDC. Since, there are n._~o provisions within the LDC which requires an immediate cure for a landscape buffer which becomes non-conforming as a result of code changes or other lawful action not created by the property owner, the 15 foot landscape buffer will not have to be installed. In addition, Section 1.8.1.1 of the LDC allows these non-conformities to continue unless and/or until they are voluntarily renovated or removed as required by this Code. The LDC states that these non-conformities shall not be enlarged upon, expanded, intensified, or extended without correcting current non-conformities to the greatest extent possible. It is staff's opinion that the granting of this variance will not be in keeping with the general intent and purpose of the Land Development Code. Nonetheless, it is unlikely that any detriment to the public welfare would result from its approval since the existing landscape buffer area will not have to be replaced for the current existing structure as noted above. Therefore, the granting of this variance will not be injurious to the neighborhood. Because a variance runs with the land, staff is of the opinion that i. he granting of this variance will perpetually eliminate the landscape buffer requirement irrespective of any future possibilities for redevelopment of this site. For this reason, a variance should not be granted simply to establish a condition whereby the property is not unencumbered with any non-conformities. In summary, there are n_9.o provisions within the LDC which requires an immediate cure for a landscape requirement, which becomes non-conforming as a result of code changes or other lawful action not created by the property owner. As a result, the landscape buffer will not have to be installed under current conditions. Since the subject site will remain conforming in lot area and lot width after the 20 foot eminent domain taking, staff is of the opinion that the landscape buffer should be required to the greatest extent possible if the existing structure is expanded or the buffer be provided if the site is redeveloped with new structures and uses. FISCAL IMPACT: Since the subject property consists of platted lots with infrastructure to support commercial development, approval of this petition would have no additional fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use of the lot is commercial, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. The proposed variance is consistent with the applicable provisions of the Growth Management Plan. ENVIRONMENTAL ISSUES: The project site is currently developed with an existing retail facility and parking lot. The proposed variance will not impact any environmentally sensitive area. AGENDA ITEM 2 SEP 1 2 2000 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon this review, staff recommends that Petition V-98ol be forwarded to the Board of Zoning Appeals (BZA) with a recommendation of denial. However, if the variance is approved, then the variance should become null and void if the existing structure ever expands or the site is redeveloped with new structures and uses. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Since the site is currently developed with a retail facility, no Environmental Impact Statement (EIS) is required. In addition, the EAC does not normally hear variance petitions. Therefore, this petition was not required to go to the Environmental Advisory Council meeting. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on April 16, 1998. During this public hearing the petitioner agreed with staff's analysis that the required landscape buffer be provided as required by the LDC if the existing structure ever expands or the site is redeveloped with new structures and uses. Nevertheless, the petitioner indicates that the variance is needed to complete the February 25, 1997 Mediated Settlement Agreement between the property owner and the Florida DOT. This will ensure that minor improvements to the interior of the building that do not increase the intensity of the use will not trigger the landscape buffer to be installed which will further reduce the parking spaces. Therefore, the petitioner requested that the variance be approved subject to a stipulation that the requested variance become null and void if the existing structure ever expands or the site is redeveloped with new structures and uses. Based on this information, the CCPC voted 6 to 0 to forward Petition V-98-1 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the requested variance becoming null and void if the existing structure ever expands or the site is redeveloped with new structures and uses. No correspondence for or against this petition has been received. 3 AOENDA ITEM SEP 12 2000 Pg. PREPARED BY: RAY BIlLLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION , ,~WEI~Y: R£~lq~ALD 1~."~Ii~),'~ICP, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE V-98-1/EX SUMMARY/RVB/rb 4 ,~/z,,4)/ SEP 1 2 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: MARCH 23, 1998 PETITION NO: V-98-1, ABC LIQUORS, INC. OWNER/AGENT: Agent: Mr. A. Kurt Ardaman Fishback Law Firm 170 E. Washington Street Orlando, FL 32801 Owner: ABC Liquors, Inc. Mr. Marc L. Wigmore 8989 S. Orange Avenue Orlando, Florida 32824 REQUESTED ACTION: The petitioner is requesting a 15 foot variance from the required 15 foot landscape buffer to Zero (0) feet on the south property line. GEOGRAPHIC LOCATION: The property fronts on the north side of Tamiami Trail East and is further described as Lot 36, Naples Grove and Truck Company's No. 2 in Section 11, Township 50 South, Range 25 East. (See iljustration on the following page) PURPOSE/DESCRIPTION FOR VARIANCE: The purpose of this petition is to seek relief from the required 15 foot landscape buffer requirement. The petitioner indicates that the Florida Department of Transportation acquired 2,748 square feet or 20 feet of land area along Tamiami Trail from an eminent domain action on August 18, 1995. This taking will result in a loss of landscaping and three parking spaces due to the road improvement. The Florida Department of Transportation has agreed to support this variance request, pursuant to a Mediated Settlement Agreement dated February 25, 1997. The petitioner contends that they would lose an additional 5 or 6 parking spaces if the 15 foot landscape buffer is required to be placed along the southern property line in the event the existing structure expands. The subject site currently contains 64 parking spaces while 61 parking spaces will be provided after the taking and road improvements are made. It should be noted that the subject site is a conforming lot of record and will remain conforming in lot area and lot width after the 20 foot eminent domain taking by FDOT. However, if the public taking resulted in a non-conforming lot, Section 2.1.13 of the Collier County Land Development Code (LDC) would apply. 1 q) / SEP 1 2 2000 P~. ~ I I I SEP 1 2 Variance Landscape %.%,%1 PETITION 102 V-98 ' TAMIAMI TRAIL PLAT BOOK 2, PAGE AGENDA ITE!d . S2P 1 2 2000 t3~. ¢ -- This Section establishes the County's policy dealing with yards or lots reduced through public acquisition and indicates that the required yards are permitted to be reduced by the amount of the taking not to result in a front yard less than 10 feet. Other developed site concerns such as landscaping, surface water management and parking which become non-conforming have no comparable Code provision dealing with non-conformities resulting from a public taking. However, where landscaping or parking becomes non-conforming due to the taking of property for public purpose, curative measures would only be addressed should the established use expand, which would require additional parking to be provided per Section 2.33 of the LDC and landscaping to be installed to meet current requirements to the greatest extent possible per section 2.4.7 of the LDC. Conversely, there are n._9.o provisions within the LDC which requires an immediate cure for a landscape buffer which becomes non-conforming as a result of code changes or other lawful action not created by the property owner, the 15 foot landscape buffer will not have to be installed. In addition, Section 1.8.1.1 of the LDC allows these non-conformities to continue unless and/or until they are voluntarily renovated or removed as required by this Code. Nevertheless, it is not the intent of this Section to help these non-conformities to continue irrespective of any expansion plans. Therefore, the LDC requires that these non-conformities shall not be enlarged upon, expanded, intensified, or extended without correcting current non- conformities to the greatest extent possible. SURROUNDING LAND USE AND ZONING: Existing: The site is currently developed with a liquor store and is zoned C-4. Surrounding: North - Lois Street and a water treatment plant; Zoned: "C-4". East Developed commercial; Zoned: C-4. South - US-41; Zoned: C-4 West - Developed commercial; Zoned: "C-4" GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have any impact on this property's consistency with the County's Growth Management Plan. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. ---- Ac. wa~A'rrr~ 2 SEP I 2 2000 Responses to items in this Subsection are as follows: ao Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? The subject site is a conforming lot of record which will be encumbered by the acquisition of 2,748 square feet or 20 feet of property along the south property line by the Florida Department of Transportation. This taking by eminent domain will result in the loss of the existing landscaping and parking along US-41. Since there are no provisions within the LDC which requires an immediate cure for this landscape requirement that becomes non-conforming as a result of a public taking, the landscape buffer will not have to be installed. Any future intensification to the existing structure or use may require that a 15 foot landscape buffer be provided to the greatest extent possible irrespective of the taking. This could result in the loss of approximately six additional parking spaces uhless the variance is granted. However, since the subject site will remain conforming in lot area and lot width after the 20 foot eminent domain taking, staff is of the opinion that the landscape buffer should be required to the greatest extent possible if the existing structure is expanded or the buffer be provided if the site is redeveloped with new structures and uses. Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, as noted above, the non-conformity in the required landscape buffer along US-41 results from the eminent domain action taken by the Florida Department of Transportation and is not the result from action taken by the applicant. However, there are no provisions within the LDC which requires an immediate cure for this landscape requirement which becomes non-conforming as a result of a public taking, Therefore, the landscape buffer will not have to be installed for the site as it currently exists. Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes, the petitioner states that the placement of the 15 foot landscape buffer along US-41 requires the removal of 6 parking spaces which could result in a loss of business. A literal interpretation of the LDC may not allow the property owner to intensify the existing facility without providing some measure of a landscape buffer along the Tamiami Trail East which would result in a reduction in parking spaces. de Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the !and, building or structure and which promote standards of health, safety and welfare? Yes, the petitioner is seeking the minimum amount to allow the continued use of the existing parking spaces on the lot and to provide that in the future they would not have to / 3 SEP 1 2 2000 (7 ee f. provide a landscape buffer adjacent to US-41 in the event of any expansion of the structure or redevelopment of the site that will provide for new structures and uses. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of the requested variance will allow the land owner to eliminate the landscape buffer area, which is denied to other property owners in the area unless a similar variance is approved. It should be noted that all variances effectively do this. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Staff is of the opinion that the granting of this variance would be in keeping with the general intent and purpose of the Land Development Code if the taking resulted in the subject lot becoming non-conforming in lot area or lot width. However, the subject lot will remain conforming in lot area and lot width. Therefore, staff is of the opinion that the landscape buffer should be required to the greatest extent possible if the existing structure is ever expanded or all the buffer be provided if the site is redeveloped with new structures. Conversely, if the variance is approved, it is unlikely that any detriment to the public welfare would result since there are no provisions within the LDC which requires an immediate cure for a non-conforming landscape requirement that resulted from code changes or other lawful action not created by the property owner. As a result, the proposed variance will not have any adverse impact on the surrounding properties. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Since a variance runs with the land, staff is of the opinion that the granting of this variance will perpetually eliminate the landscape buffer requirement irrespective of any future possibilities for redevelopment of this site. For this reason, a variance should not be granted simply to establish a condition whereby the property is not unencumbered with any non-conformities. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. In summary, there are n__~o provisions within the LDC which requires an immediate cure for a landscape requirement which becomes non-conforming as a result of code changes or other lawful action not created by the property owner. As a result, the landscape buffer will not have to be installed. Since the subject site will remain conforming in lot area and lot width after the 20 AGENDA ITEM / 4 SEP I 2 2000 P.. tQ _ foot eminent domain taking, staff is of the opinion that the landscape buffer should be required to the greatest extent possible if the existing structure is expanded or the buffer be provided if the site is redeveloped with new structures and uses. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend denial of Petition V-98-1 being a petition seeking a 15 foot variance from the required 15 foot landscape buffer for property described in the Resolution of Adoption. PREPARED BY: ~ i ~ .... "?'~ RAY BELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE , ~EVIEW~ED BY: RONALD F. NINO, AICP, INTERIM MANAGER CURRENT PLANNING SECTION ,,,~~ ROBERT J. MULHERE, AICP, DIRECTOR P,~~~G SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number V-98ol Staff Report for April 16, 1998 CCPC meeting. DATE DATE DATE COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN V-98-1/STAFF REPORT/RVB/rb 5 G. BEN FISHBACK IIS92,-19831 MARK F. AHLER$ A. KURT ARDAMAN ZACHARY J, BANCROFT JOHN. F. BENNETT LAW OFFICES ARDAn, AH~R8 & BONUS 170 EAST WASHINGTON STREET ORI. A~O, FLOR~A ~2801-239~ June 7,2000 Ray Bellows, Principal Planner Collier County Government Planning Service Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: V-98-1, ABC Collier Co. Adv. DOT- Our File No. A6-10717 Dear Mr. Bellows: Pursuant to our tele phone conversation this morning, I have enclosed one (1) original and four (4) copies of the Landscape and Irrigation Plan for ABC Liquors, Inc. for consideration in the above referenced variance application. Please let me know if you need anything else for our variance application. Very truly yours, Eloise Sramek Paralegal to A. Kurt Ardaman Enclosures (,'.' Elot.¥e ( 7.1EN 7 X Abc ( 'o/her A 6-10717 Bellow.¥ 060700. SEP J 2 2000 [BC LIQUORS - EAST LANDSCAPE AND IRRIGATION PLAN TRAIL 6o' WIDE RIGHT--OF-WAY / / / EXHIBIT "A" SEP 1 2 2000 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO . e,~ DATE PETITION RECEIVED PROJECT PLANNER Raymond V. Bellows (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME PETITIONER'S ADDRESS Orlando, FL ABC Liquors, Inc. 8989 S. Orange Avenue 32824 TELEPHONE (407) 851-0000 AGENT'S ADDRESS A. Kurt Ardaman, Esquire,. Fishback Law Firm 170 E. Washington Street, Orlando, FL 32801 TELEPHONE (407) 425-2876 LEGAL DESCRIPTION OF SUBJECT PROPERTY: L6'TiS)' 36 BLOCK(S) Naples Grove 5 & Truck Co "s50 SUBDIVISION SECTION ~? RANGE 25E -- -- 11 S (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY C-4 EXISTING LAND USE ON SUBJECT PROPERTY General Commercial ADJACENT ZONING & LAND USE ZONING N C-4 S C-4 E RMF- 6 W C-4 LAND USE Commercial Commercial Residential.Multi-Family Commercial MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 25 ft. SIDE: 15 ft. REAR: 0-5 ft. CORNER LOT: NO ~ (CIRCLE ONE) WATERFRON LOT: ~[?)/YES (CIRCLE ONE) 1 AGENDA $EP 12 2000 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. ABC Liquors, Inc. is requesting a variance for the 15 foot land- scaping buffer strip. Florida Department of Transportation acquired 2,748 square feet from this property in an eminent domain mm~nn on Augus~ 18, 1995. If Collier County does not completely waive the 15 foot landscaping buffer strip, the site will lose an additional five (5) parking spaces for a total loss of 10' spaces, leaving only 54 spaces and having a negative impact upon ABC's business amounting to approximately $250,000. Waiving this 15 foot landscaping buffer strip would result in a savings of several hundred thousand dollars. The Florida Department of Transportation has agreed to support this request, pursuant to a Mediated Settlement Agreement dated 2/25/97. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. See above explanation. SEP 1 2 2000 Are there special conditions and circumstances w:~cn ao non result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Non-conformity resulted from an-action in eminent domain. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. A literal interpretation of ~hm ~oH~ w~]] result in a loss of ABC's business due to a loss of parking for ABC Liquors: Inc. and compensation will be very costly, i.e. $250,000 in damages. o Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes . Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,' buildings, or structures in the same zoning district. Wayne Arnold, in his September 6, 1994 memo regarding appli- cation of the Land Development Code states that "No provision of the Collier County Land Development Code requires an immediate cure for a use, structure or requirement which becomes non- conforming as a result of code changes or other lawful action not created by the property owner." (Copy of memorandum is attached.) The granting of a variance due to actions in eminent domain would not be categorized as a special privilege. 3 AGEN~)AI~ SEP 1 2 2000 o Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes . Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. Y~s AFFIDAVIT I, being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit to act as my (AGENT'S NAME) representative in any matters regarding this Petition. State of Florida County of Collier SIGNATURE OF O~ER The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commi s s iQ~n~ # State of Florida ' S~i~G~ATUR~/O~AGENT \ County of Collier 'N The ~oregoing Acreement Sheet was acknowledged before. me this .~$ ~ day of ,~~~._ , 199~ by /~,~ , who is d__erson~_.~ to me or ~h'o has produced as identification ~nd who did (did not) take an oat~. (Signature of Notary Public) NOTARY PUBLIC Commission ~ My Commission Expires: VARIANCE APPLICATION/md 5 January 5, 1998 Current Planning Community Development Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 33942 Re: ABC Liquors, Inc. Collier County Variance Application Lot 36 Naples Grove 5 & Truck Company's Subdivision Our File No.: A6-10717 Dear Sir/Madam: This letter will serve as authorization for A. Kurt Ardaman, Esquire of Fishback Law Firm, 170 E. Washington Street, Orlando, FL 32801, to serve as agent for ABC Liquors, Inc. in the attached variance application. All information contained in this application is honest and true to the best of my knowledge and belief. Very truly yours, SWORN TO AND SUBSCRIBED before me this /~?~ day of Robin L Madln My Commission CC586fl10 ,19"]g , by (Signat~e of Nota6~ P(tblic - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known v" OR Produced Identification U 5EIoise\CLI ENTSLadlCCOLLI\Vadanc¢.Ilr AGF. hlOA ITEI~ SEP 1 2 2OO0 G- BEN FISHBACK {~893-1983) MAR~ F. AHLE~S A. KU~T ARDAMAN JOHN F. BENNETT PHILIPF.BONUS JOHN M.CACCIATORE JULIAN K. DOMINICK MICHAEL T. SHERle)AN CHARLES R. STEPTER. JR. LAW OFFICES ~RDA~S~, AHLERS ~ BO~US 170 EAST WASHINGTON STREET ORthO. FLORIDA 32801--239~ TElEPHONe {407~ 425-2786 FAX (407) 425-;~863 January 22, 1998 VIA AIRBORNE EXPRESS Raymond V. Bellows Project Planner Community Development Div. Collier County Government 2800 North Horseshoe Drive Naples, FL 33942 Re: ABC Liquors, Inc. Variance Application Our File No.: A6-10717 Dear Ray: I know that it has been some time since I met with you, but for a number of reasons it has taken some time to prepare the application. In essence, the enclosed application requesting a variance to the fifteen (15) foot landscape buffer is necessary in order to bring the DOTs condemnation case against ABC to closure. ABC and DOT's settlement is contingent upon Collier County granting the above variance. We have enclosed not only a boundary survey showing the outline of the property and the improvements, but a survey reflecting the parking spaces on the property which are adversely affected by the DOT's taking. The five (5) spaces that are lost if the fifteen (15) foot landscaping buffer is not waived along Tamiami Trail can be seen by reviewing the parking survey on the enclosed. The survey, plot plan and location map are represented by the enclosed two surveys and county map enclosed. AGENDA SEP 1 2 2000 p.. ,,90 In addition to the above, we have enclosed our firm check number 53646 payable to the Board of County Commissioners in the amount of $425.00 as the application fee along with the variance petition and letter of authorization from ABC Liquors, Inc. dated January 5, 1998 and the letter from Fred A. Ergenbright dated Seplember 13, 1994 along with attached September 6, 1994 memorandum from Wayne Arnold to George Archibald. If there is anything further that is necessary to process this application, please advise as soon as possible. Finally, please advise as of the dates of any required meetings and of the necessary public hearings and other pre-requisites to the final processing of this variance application. ,$~j :'.' :>"../~ -' ...... ' /~: Kurt Ard~fmar~.--' Enclosure ~.... ~- AKNpm S:WIM~clients~ABC~collier county;variance app;letter;bellows.l-22-98.wl~d AGENDA SEP 1 2 2000 t IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIRCUIT CIVIL DIVISION STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Petitioner, ~~, ~ [:'- V. VAC REALTY, INC., et al., Defendants. Case No. 95-764-CA Parcel No. 126 MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 25th day of February., 1997, the parties reached the following Settlement Agreement: Petitioner will payto Defendant(s), the sum of $ e°/~,~-ffc~. ~ in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's fees, expert's fees, costs, and expenses· 2. Petitioner is entitled to a credit in the amount of $ ~ ,v y;;'C. -- · / which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of final disposition of this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) $ .5'7. ov~42.' . ~within / .'~ 0 days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid final disposition from the Court. 5. The Court will retain jurisdiction herein solely as to the matter of Defendant's(s') attorney's fees, experts' fees, costs, and expenses. AC-,EN~A ITEM .o. /2r,// ) / SEP 1 2 2000 Attached hereto is an addendum to this Agreement. v/~Yes No 7. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Petitioner Attorney for Petitioner -- Mediator Defendant SEP 1 2 2000 ADDENDUM TO MEDIATED SETTLEMENT:,GR ;.5~ This settlement is made subject to the following additional c . :':ions: - { · /;7" / Petitioner '~. / ,- ? ( f / ' ' ........... "'- ~( c;''~"~'f Attorney for Petitioner , ,./,I ¥ Mediator Defendant Planning Services September 13, 1994 DIST. DOT nlw AP?I1A~$AL/REV'I~,V ~ Hr. ?',ed ~. F..rgenbrig!~.,:, M.$ !-37 D.istl:ict Chief Review Appra.iser F].or.ida Department of Transportal:i~n P.O. BoX 1249 BarLow, F1 33831 Pill: Developed Non--conform.ing Properl:Jes Dear Mu. Ez'genbrigJ]t: This letter is to advise the. FDOT ti~at where public purpose taki,%gs affect developed ~mpvoved propei:l'ies, non-conformities av.i.s~.,g from s~,ch takings are nol: ~-ecui~.red to e'ffect an immediate rn~ve for I:he non-conforminft sj.t:uati(%n. Where such non- cor~formities with the current [,and Development Code are created, o]~ increased, through public purpose takings, c~rative measures will. occ,r under the policy condil:J. ons Oull].ined in the attached i;epl:ember 6, 1994 memorandum to the Collier County Transportation Services D.Lvision. If you have any questions or comments on I:his .~LII)jecK, [)lease toni:act me at (B~.3) g43--8469. ..... . \', g~)~Jald W. Arnold, AICP At:I: i ng :;i I:e Deve].opmenl: Peview I) i r,~(:l (~- ~'tl I c~c:JltneflJ: I.~:iok C]&i:'I:, C'omlm lliJ ¥ A~A 1 2 2ooa TO: T][ROUG][: FROM: DATE: RE: MEMORANDUM George Archibald, Administrator Transportation Services Richard Clark, Acting Administrator Community Development Services Wayne Arnold, Actl.ng Director Site Development Review September 6, 1994 Application of LDC regarding non-conforming structures, yards, landscaping, parking and land uses. In response to Transportation Services' request, various Sections of the Collier County Land Development Code address the status of non-conforming lots, structures and improvements on property. Specifically, Section 2.1.13 of the LDC tit].ed, "Reduction of Lot Area Prohibited", establishes the County's policy prohibiting the further red~lctJon of lot area or yards for sites in existence at the effectJ. ve date of tile LDC. This Section further provides that yards, lot area and lot dimensions reduced through the dedication, condemnation, purchase and the like for public use are excepted-from tile prohibition on lot area reduction. Yards or lots reduced through public acquisition are permitted to be reduced by the amount of the taking; however, the remaining yard shall not result in a front yard. less than 10 feet in depth. The application of this provision of tile LDC has been the subject of recent interpretation. Taken literal]y, one could argue that the resulting front yard could not be less than 10 feet in any case, which might require that any structure affected be removed to insure a 3.0 foot m.inimum front yard. It is staff's interpretation of this provJsJ. on that it does not apply to existing, developed lots or structures. By the inc].usion of the language allowing a yard reduction equal to the degree of taking, not resulting in less than a front yard of 10 feet, the .intended application was for undeveloped properties. As an example, a lot proposed to be developed which has prev] ous].y dedicated 15 feet for Co~n t.y R.O.~. , would be entitled to reduce their normal 25 foot front yard by ].5 feet to 10 feet at the time of building construction. AGENDA SEP 1 2 2000 The reduction of"the front yard .in this manner does not reslilt .i.n a non-conforming situation, since the T,DC grants a reduction ~in this manner. Where an after take resulting yard on a developed parcel is less than 10 feet in depth, a non-conforming situation is created, however, the non-conformity does not require an immediate cure. This type of non-conformity would be remedied through applicable sections of the LDC, dependent upon whether the non-conforming yard also affected landscaping, parking or other site conditions. For instance, Section 1.8.10 of the LDC states that where lawful non-conformities exist, such structure(s) may be continued so long as it remains otherwise lawful, subject to other provisions. Section 1.8. 10.2 states that no such structure may be enlarged or altered to increase its non- conformity. Other developed site concerns such as landscaping, surface water management and parking have no comparable Code prov~~.sion dealing with non-conformities arising as a result of public takings, except for those conditions arising from application of Section 2.1..1.3 of the LDC. Where other site considerations, such as landscaping or parking, become non-conforming due to the taking of property for a public purpose, curat~ive measures would be addressed shou]d the established use ewpa~d, which wou].d require additional parking to be provJ.ded (Section 2.3.3, LDC) for the added floor area, and landscaping to be insta].led to meet current requirements to tile greatest extent possible (Section 2.4.7, LDC). Curative, measures would also be required should a ].and use become more intensive or cease to exist for a period exceeding 90 days (Sections 2.3.3 and 2.4.7, LDC). Under any' circumstance, the County certai. n]y encourages property owners to voluntarily bring sites and structures into compliance with current Code requirements; I]owever, it is recognized that non-conforming properties are required to bring developed sites and associated structures into compliance with current Code requirements only under those circumstances described above. No prov|~sion of the Collier County [.and Development Code requires an immediate cure for a ~]se, str~Icture or requirement which becomes non-conforming as a result of Code changes or other lawful action not created by the property owner. 2 $EP 1 2000 Staff's summary of the issue of non-conformities created through public need is best stated in read J. ng Division 1.8, ~._oD. co__n.f~9o_r.m.J.t_~e_s_, "Section 1.8.1.1 of the LDC. This Section reads i.n part, "It is the intent of this Div.ision to permit these non-conformities to continue until they are voluntarily renovated or removed as required by th is Code, but not to encourage their survival. It is further the intent of the LDC that the non-conformities shall not be enlarged upon, expanded, intensified, or extended...,, c: Bob Mulhere, Current Planning 3 AGENOA I'r~.M SEP 1 2 2000 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-98-1, FOR A VARIANCE ON PROPERTY DESCRIBED HEREINAFTERDESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, 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 a 15-foot variance from the required 15 foot landscaping buffer strip to 0 feet as shown on the attached plot plan, Exhibit "A", in a C-4 zone 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 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-1 filed by A. Kurt Ardaman, Esquire of the Fishback Law Firm, representing ABC Liquors, Inc., with respect to the property hereinafter described as: A Portion of Lot 36, Naples Grove and Truck Company's No. 2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 15-foot variance from the required 15 foot landscaping buffer strip to 0 feet as shown on the attached plot plan, Exhibit "A", of the C-4 zoning district wherein said property is located, subject to the following conditions: 1. This variance is only for the 15-foot reduction of the required 15-foot landscape buffer to 0 feet as depicted on the attached site plan. 2. The subject variance shall become null and void, if at any time in the future the existing structure is expanded beyond its existing area as of the date of this variance or the site is redeveloped with new structures and/or uses. SEP 1 2 2000 Pg. BE IT RESOLVED that this Resolution relating to Petition Number V-98-1 be recorded in the nutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: TIMOTHY J. CONSTANTINE, CHAIRMAN Maxjori0 M. Student Assistant County Attorney g/admin/V-98-1 RESOLUTION -2- SEP 1 2 2000 3C LIQUORS - EAST TRAIL LANDSCAPE AND IRRIGATION PLAN WIDE RIGHT--OF-WAY / / / / / EXHIBIT "A" SEP 1 2 2000 .,. 31 EXECUTIVE SUMMARY PETITION V-2000-14, KIRK SANDERS REQUESTING A 2.3-FOOT AFTER-THE- FACT VARIANCE FROM THE REQUIRED 10-FOOT REAR YARD SETBACK ESTABLISHED FOR ACCESSORY STRUCTURES TO 7.7 FEET FOR A STORAGE BUILDING. FOR A PROPERTY LOCATED AT 1130 SPERLING AVENUE AND IS FURTHER DESCRIBED AS LOT 14, BLOCK "B", SPERLING'S SUBDIVISION, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision regarding an application for an after-the-variance to allow 2.3-foot reduction on the required rear setback for a storage building. CONSIDERATIONS: The petitioners purchased the subject residence in 1999 as an income property. The site contains a residential dwelling, a storage building and a shed. The storage building, at some point in time, was converted into a dwelling unit. After an anonymous caller registered a complaint with the Code Enforcement Department for converting the storage building into a rental unit, the investigator noticed that there was also a setback violation with the structure. The present owner has agreed to remove all living quarters from the structure and change it back into a storage building. However, a variance is required for this structure. The applicant has also agreed to remove an existing storage shed with side and rear yard encroachments. The Collier County Planning Commission reviewed this petition on August 17,2000 and by a vote of 5-1 recommended approval of the variance. Staff has not received any written-or oral objection to the granting of this request. This petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTAL ISSUES: AGENDA ITEM SEP 1 2 2000 None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION' This petition was not reviewed by the EAC, as there were no environmental issues with this site. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for a conditional approval. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals conditionally approve V-2000-14. One Planning Commissioner voted against this variance. This negative vote was based on the fact that the applicant changed the used of this structure from storage into a rental dwelling unit. 2 SEP 1 2 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVl~WED BY~ RON,~,~'D'F.' NI'N~: ,~'CP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPRQY,/ED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR I~ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 3 SEP 1 2.2000 AGENDA ITEM 7-C TO: FROM DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION July 28, 2000 PETITION V-2000-14 AGENT/APPLICANT: Owner: Kirk Sanders 294 4t~ Avenue South Naples, FL. 34102 REQUESTED ACTION: The petitioner requests a 2.3 foot after-the-fact variance from the required 10 foot rear yard setback established for accessory structures to 7.7 feet for a storage building. GEOGRAPHIC LOCATION: The subject property is located at 1130 Sperling Avenue and is further described as Lot 14, Block "B", Sperling's Subdivision, in Section 22, Township 48 south, Range 25 east, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioners purchased the subject residence in 1999 as an income property. The site contains a residential dwelling, a storage building and a shed. The storage building, at some point in time, was converted into a dwelling unit. After an anonymous caller registered a complaint with the Compliance Services Department for converting the storage building into a rental unit, the investigator noticed that there was also a setback violation with the structure. The present owner has agreed to remove all living quarters from the structure and change it back into a storage building. However, a variance is required for this structure. The applicant has also agreed to remove an existing storage shed with side and rear yard encroachments. SURROUNDING LAND USE AND ZONING: AGENDA IT~?'~: SEP 1 2 2!.00 2000 Subject property: Single family residence; zoned RMF-6 Surrounding: North - Single family residence; zoned RMF-6 East Single family residence; zoned RMF-6 South - Vacant; zoned RMF-6 West - Single family residence; zoned RMF-6 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR TRANSPORTATION, ,INFRASTRUCTURE AND ENVIRONMENT IMPACTS: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: ae Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, this is atypical building built with the wrong setbacks. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes, the applicant purchased an existing house with a storage building encroaching into the rear yard. The current owner did not cause the violation and purchased the residence unaware of the setback encroachment. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? 2 SEP 1 2 2OOO fw gm There is no land-related hardship. Denial of this variance would cause financial hardship to the Petitioner. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the structure is existing and therefore would be the minimum variance required. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller rear yard than would be permitted for a similar lot in the RMF-6 zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of'the Growth Management Plan. STAFF RECOMMENDATION: Due to the fact that the structure in question is old and has been in existence for many years, and also due to the fact that given the age of the structure and the lack of records dating back to pre-1970, staff could not determine if a permit was ever issued for this structure. Staff recommends that the CCPC forward this petition to the BZA with a recommendation for a conditional approval. 3 ~..-,ENDA rrEM SEP 1 2 2O00 PREPARED BY: Chahram Badamtchian, Ph.D., AICP Principal Planner DATE RONALD F. NINO, AICP CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTF:~ATOR Petition Number: V-2000-14 Staff report for the August 17,2000 CCPC meeting. This Petition has been scheduled for the September12, 2000 BZA Public Hearing. Collier County Plannin.cl_C~ssion: - SEP 1 2 2000 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-00-14, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 2.3 foot after-the-fact variance from the required 10 foot rear yard setback established for accessory uses such as storage buildings to 7.7 feet as shown on the attached plot plan, Exhibit "A", in an RMF-6 Zone 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 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW' THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-00-14 filed by Kirk Sanders, with respect to the property hereinafter described as: Lot 14, Block B, Sperling's Subdivision, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. be and the same hereby is approved for a 2.3 foot after-the-fact variance from the required 10 foot rear yard setback established for accessory uses to 7.7 feet as shown on the attached plot plan, Exhibit "A", of the Zoning District wherein said property is located, subject to the following conditions: This variance is for the existing encroachments as shown on Exhibit "A." All additions or new construction shall comply with the requirements o f the Land Development Code. -1- SEP I 2 2000 BE IT RESOLVED that this Resolution relating to Petition Number V-00-14 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marj0/['~ M. Student' Assistant County Attorney g:/V-00-14 R. ESOLUTION/CBicw TIMOTHY J. CONSTANTINE, C~ -2- SEP 1 2000 20 10 0 20 6:R,~PNIC SCALE IN FEET FENCE CORNER O. ~£' POWER POLE · ~ IRON NO C~P FOUND FENCE CORNER 3.~5'NORTH o. 8J'~EST E' 50. GUY 23.2' ONE' STORY RESIDENCE 23. 2' C.~P SET POWE~ POLE u. E%_. _ . SER Str~ct~re removed to be LOT ~3 !O. O' LOT i4 B CONC. ~ALKt~A y 23. O' ONE STORY RESIDENCE FENCE CORNER I. 85'EAST LOT .[5 TIN T,~B FOUND FENCE CDRRER O. 27'NORTH i. 5I'EXST #ITH S~NDY LB 6746 C~P SET ag9. 9£'[N] 500. GRAVEL ' VALVE S88f 57' 50' W 50. 00' ( P] f8 '58' 'IV'S0. 03'(,V) ~ SO. 03' [ ~) 50. 00' t' P] ~ 58B'57'$0'~ 6a9. 95'[ ~1 e5 IRON ~ITH SANDY LB ,/6746 CAP SET CUT HAlL ~ ~'lN T4B 100. O0'(P ~; 50. 00' [ P) C SPt:'RL I NS A VENUE F~-RHERL Y PINE RIDGE DRIVE 60 FOOT ~IOE --- Exhibit "A" AGENDA ITEM SEP I 2 2000 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Commission District: Planner Assigned: ~..¥. ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: 1:4 Telephone: c~ 5/1 Agent's Agent's Address: '------.,, Telephone: COLLIER COUNTY COl~MUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I f 8 SEP 1 2 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association' Mailing Address City State , Zip, Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: ./%)~C ~ Unit Lot (s) ] Section ~-'-~- Twp. ~/ ~ -~ Range ~'-.~- ~ Property I.D. # Metes & Bounds Description: oql Application for Variance Petition - 8/98 Page 2 of: SEP 12 2000 Address of Subject Property.: IIf different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: N S W E Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [] No [~ Side: Waterfi'ont Lot: Yes [] No ~[ Rear: Application for Variance Petition - 8/98 Page 3 '8 SEP 1 2 2000 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Application for Variance Petition - 8198 Page 4 o ,g SEP 1 2 2000 Please note that staff and the Collier County, Plarmmg Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary. ) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the !and, building or structure and which promote standards of health, safety or welfare. ! Application for Variance Petition - 8/98 Page 5 of ITEM SEP 1 2 2000 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zening regulations to other lands, buildings, or structures in the same zoning district. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise delximental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. 5 Application for Variance Petition - 8/98 Page 6 of SEP 1 2 2000 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # o COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-applicati~n notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable to ' .~ ~'~tv. ~,~, Collier County Board of Commissioners 8. Other Requirements- . As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature Date Application for Variance Petition - 8/9g Page 7 of SEP 1 2 2000 EXECUTIVE SUMMARY V-2000-16, SUNCOAST CUSTOM POOLS, REPRESENTING TAYLOR WOODROW COMMUNITIES, REQUESTING A 2.2-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 10-FOOT REAR YARD SETBACK TO 7.8 FEET FOR PROPERTY LOCATED AT 1772 WINDING OAKS WAY, FURTHER DESCRIBED AS LOT 202, STONEBRIDGE UNIT 4, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 2.2-foot after-the-fact variance from the required 10-foot rear yard setback for accessory structures to 7.8 feet, to allow construction to continue on a screened pool enclosure of a single family house. CONSIDERATIONS: The petitioner seeks approval of a variance that would allow a pool and a screened pool enclosure to remain in its current location. The pool and enclosure encroach 2.2 feet into the 10-foot rear yard setback for accessory structures. The encroachment is the result of a construction error. The petitioner states that the error occurred because the pool had to be dug before the foundation for the house. (The 3 neighboring houses are existing and the 5-foot side yard does not allow equipment to access the rear of the house, therefore the pool had to be dug first). A letter of objection from the neighbor to the north was received. Her primary objection was to the visual aesthetics of the pool enclosure that is 12.8 feet from her house (the required distance of 15 feet results from the 10-foot rear yard for the subject lot plus the 5-foot side yard of her house). FISCAL IMPACT: Since the subject property consists of platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. AGE. N~A ITEM SEP 1 2 2000 GROVVTH MANAGEMENT IMPACT: Since the use of the lot is residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: The subject encroachment is the result of a construction error and is not ameliorated by any natural or man-made factors. For this reason, Planning Services staff recommended that the CCPC forward Petition V-2000-16 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on July 20, 2000. The Commissioners discussed the letter of objection and listened to the petitioner, who stated that this was the first variance sought by his company in 18 years. By a vote of 6 to 0 the CCPC forwarded petition V-2000-16 to the Board of Zoning Appeals with a recommendation of approval plus an added condition that landscaping, six feet in height be planted between the screen enclosure and the rear property line. 2 SEP 1 2 2000 PREPARED BY: FRE~ AICP SENIOR PLANNER DATE REVIEWED BY: . // RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBE~P PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-2000-16 3 SEP 1 2 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JUNE 23, 2000 SUBJECT: PETITION V-2000-16 AGENT/APPLICANT: OWNER: Taylor Woodrow Communities 7120 Beneva Road Sarasota, FL 34238-2850 AGENT: Suncoast Custom Pools 5710 16~h Street NW Naples, FL 34119 REQUESTED ACTION: The petitioner requests a 2.2-foot after-the-fact variance from the required 10-foot rear yard setback for accessory structures to 7.8 feet, to allow construction to continue on a screened pool enclosure of a single family house. GEOGRAPHIC LOCATION: The subject property is located at 1772 Winding Oaks Way, legally described as Lot 202, Stonebridge Unit 4. - L SEP 1 2 2000 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to continue construction on a screened pool enclosure as an. accessory to a single family home, which encroaches 2.2 feet into the 1 O-foot rear yard setback for accessory structures. The encroachment is the result of a construction error. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Single family home under construction; zoned PUD Single family home; zoned PUD Single family home; zoned PUD Winding Oaks Way ROW Single family home; zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The lot is typical of other lots in the subdivision. SEP 1 2 2000 Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The building was designed to fit on the lot. The encroachment is the result of a construction error. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship, since the other houses in the subdivision meet the required setbacks. However, a financial hardship would result from the reconfiguration of the pool and screen enclosure. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A reasonable use of the land would be a house and pool that fits within the required yards. However, the requested variance will be the minimum required to continue construction on the existing structure, as desired by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller rear yard than that which would be permitted for a similar lot in the Southampton PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. Approval of this request may be detrimental to the neighbors to the east, west and north, who would be most affected. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The encroachment is adjacent to another single family lot. 3 SEP 1 2 2000 h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. PLANNING SERVICES STAFF RECOMMENDATION: The subject encroachment is the result of a construction error and is not ameliorated by any natural or man-made factors. For this reason, Planning Services staff recommends that the CCPC forward Petition V-2000-16 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PREPARED BY: CURRENT PLANNING REVIEWED BY: DATE ..~USAN MURRAY, AICP CHIEF PLANNER DATE DATE APPROVED.J~Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-2000-16 Collier Co.q ,t~ Px/~flmn'~g//~mmission: RuS'SF__.~L ~. BUDD~HAIRMAN SEP 1 2 2000 P~. ¢ VARIANCE PETITION ~ ¥ 00'16 ' * H~¥1 Petition No. Date Petition Receiverl:l[I ..... LIUI_~k..~L.~W ~ ~'"~'-" Commission District: c~ Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: A£ASorA Agent's Name: 71z-o i -.~Ubtco~sT C U S To,.I Telephone: ~00C -q Agent's Address: Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Vartance Petition - 8~98 Page 1 of 8 SEP 1 2 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Mailing Address ~..)L},.), ~,NCo Ohl~/grq City P~J~% State ~... Zip ~t4J(~ Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: STOM~'~ [~1 D~_u ~ Section 2fo Twp. '~ Unit Range 2 Lot (s) 2t9 ?_- Block (s) Property I.D. # 7+9 $ 7 0 0 gO&, ~ Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 of 8 SEP 1 2 2000 Pg. ~ Address of Subject Property.: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: /~ E - ! I Adjacent Zoning & Land Use: N S W E Minimum Yard Requirements for Subject Property: Front: / Side: 5' .,g~Z-. ,~ Comer Lot: Yes [] No.,~ Waterfront Lot: Yes [] No ~, SEP 1 2 2000 Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Application for Variance Petition - 8/98 Page 4 of 8 SEP I 2 2000 P,. // Please note that staff and the Collier County Planning Commassion shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existmg conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Page 5 of 8 SEP 1 2 2000 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures m the same zomng district. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise demmental to the public welfare. 7, Are there natural conditions or physically reduced conditions that ameliorate the goals and objectives of the regulahon such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 SEP 1 2 2000 ,f8 am/are the owners of the property 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/I 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 property owner We/I further authorize %.JN~J~{-~'~ C Lf~ ~1.~ to act as our/my representative in any matters regarding this Petition. Si~attIre of Propertj),Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of owner The foregoin~g instrument wa~s aq/~nowledged before me this It9 day of/~.O.O~ ~ , ~J~,?o~oby~~z,t. e.~ ; ~w. ho is personally known tame or has p~oduced lj/[ ~9.~ 0 ' as identific~tion. ~ State of Florida County of Collier Application for Variance Petition - 8/98 (Signa~e of Notary Public -X~tate of (Print, ~r ~~~,~';'~ ~]) S Name ~fn~ta~ Public) ~c[,< - , g Sof8 I SEP 1 2 2000 Suncoast Custom Pools 5790 16t~ Avenue NW Naples, FL 34119-1236 (941) 598-4200 office (941) 598-2114 fax Collier County Government Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Mr. Fred Reischl 5/10/00 Re: Variance Petition Request Please find attached the completed variance petition form. In conjunction, kindly accept this document as a description of the nature of petition. In the first week of November, 1999, we started excavation of the swimming pool on this lot. Please note that the project had been surveyed with hub and tach locations. This was necessary as all adjacent lots have firfished single family dwellings on them. Our only access was across the construction area. By the end of the second week in November, all work was ready for pool steel inspection, #700. After the successful inspection, we proceeded to shoot the concrete pool shell, and backfill so the house foundation could be started. It was the middle of April, 2000 when the screen enclosure was installed. At this time, the same survey company informed us that the pool shell, rear decking, and depressed deck edge footer were encroaching into the rear lot property limit by 2.2'. Please note, this encroachment does not occur into the 5' drainage easement immediately on the back of the lot. Because approximately 4" of the pool wall thickness, and all of the decking behind the pool are outside of specifications, it is impossible to adjust the screen enclosure toward the house to comply with codes. We are planning to attend all hearing meetings regarding this matter. Sincerely, ~,d Jay T. Shaw myfile\coll.co.petition 1ot202.wpd AC~.N~A IT -,~ SEP I 2 2000 .htly 10,2000 Fred RebchL Senior Planner Collier County ~e~t Ptanning Services Dupamnent 2800 Nerth l-lorsmhoe Drive Naples, Fleti~ 34104 Thank you fe~ speaking with me today about the upcoming heating on Thursday, July 20, 2000 to disctans an a_e~r-the-fnct varimce from the required 10 1772 Winding Oaks Way, also described as Lot 202, 5tmwbrldge Unit 4, in Section 26, Township 48, South, Ran~e 25 East, Collier County, ooacerns ate threefold: 1. The aesthetic issues direct attention to the neemesa of the poolcage and the pool itself which are vesry close to ore, heine. There is lovely ~ dividing our lots but the poolcage looms nea~ the window of our fiunily room/office, The potential added noise level presents a threat as well. 2. The envitmunmtal issues include out concerns for wster runoff during heavy rains due to the topography of~e side yard. With decretned available earth for mno~ there seems to be s risk of overssttm~on of eur yard as well. 3. Lastly, we are contea, ned about the adverse effect on the value ~ ore. ~ ns a ocmaequence of the fitilure to cemply with the aefi~:k mandate to which we are all subject. We a~e unable to attend the July 20 meeting and consequently I contacted you and a represen~ve of Taylor Woodrow C(:enmlglitie~ w{lo m~i-ed eone~n for me =bo~e issues, I also learned from you that a permit had been denied early in the buildia~ out of this pool and yet censtructiea eontiaued. My husband Walter and ! remain eeneerned about this situation. We want to be gx~d neighbets and yet we are disturbed that others are n~ equally ~mmitted to neighborly deference. We support the, wisdom a~d judgment of the Planning Commission in resolving this matter. Sincerely yours, Eleanor and Wnlt~ AaENDA ITEM SEP 1 2 2000 1 2 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 16, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 6 7 8 9 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, z0 has conferred on all counties in Florida the power to establish, coordinate and enforce zoning z z and such business regulations as are necessary for the protection of the public; and x2 WHEREAS, the County pursuant thereto has adopted a Land Development Code z3 (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic z4 divisions of the County, among which is the granting of variances; and zs WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of ~6 the area hereby affected, has held a public hearing after notice as in said regulations made and ~v provided, and has considered the advisability of a 2.2-foot after-the-fact variance from the zs required ]O-foot rear yard accessory setback to 7.8 feet as shown on the attached plot plan, ~9 Exhibit "A", in PUD Zone for the property hereinafter described, and has found as a matter of 2o fact that satisfactory provision and arrangement have been made concerning all applicable 2x matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; 23 and 24 WHEREAS, all interested parties have been given opportunity to be heard by this 25 Board in public meeting assembled, and the Board having considered all matters presented; 26 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS 2v of Collier County, Florida, that: 28 The Petition V-2000-16 filed by Suncoast Custom Pools, representing Taylor 29 Woodrow Communities, with respect to the property hereinafter described as: 3 ~ Lot 202, Stonebridge Unit 4, as recorded in Plat Book 29, Pages 43-44 of the 32 Official Records of Collier County, Florida. 33 be and the same hereby is approved for a 2.2-foot after-the-fact variance fi'om the required 34 10-foot rear yard accessory setback to 7.8 feet as shown on the attached plot plan, Exhibit 3 s "A", of the PUD Zoning District wherein said property is located, subject to the following 36 conditions: 37 38 1. 39 4O 41 This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. -1- SEP 1 2 2000 n. /f 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. Prior to issuance of a Certificate of Occupancy, the petitioner shall install landscaping 6 feet in height that will attain 100% opacity within one year of planting, between the pool and the rear lot line. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-16 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: TIMOTHY J. CONSTANTINE, CHAIRMAN Marjor/¢ M. Student Assistant County Attorney G:,'X, -2000-16 RESOLUTION/FR./im -2- SEP 1 2 2000 · O0 'OZ ~ '$.6,3'. 0~.00 '$ · O0 '0~ Exhibit "A" EXECUTIVE SUMMARY PETITION SV-2000-02, MARLO LAMENDOLA, ARCHITECT, REPRESENTING HENRY AND MARIANNE FILKOSKI REQUESTING A 40-FOOT VARIANCE FROM THE REQUIRED 150-FOOT ROAD FRONTAGE FOR A POLE SIGN TO 110 FEET FOR A PROPERTY LOCATED AT 1301 AIRPORT ROAD SOUTH APPROXIMATELY 650 FEET NORTH OF DAVIS BOULEVARD INTERSECTION ON THE EAST SIDE OF THE ROAD. OBJECTIVE: To have the Board of Zoning Appeals render a decision regarding an application for a sign variance to allow the installation of a pole sign for a commercial building. CONSIDERATIONS: Section 2.5.5.2.5.1. of the Collier County Land Development Code requires a frontage of 150 feet or more on a public street or a combined public street frontage of 220 linear feet or more for corner lots for a pole sign. This standard has been placed in the LDC since 1991 to control the sign proliferation and visual pollution. The site in question used to contain a pole sign, which was removed several months ago. The pole structure is still existing. The applicant is requesting to install a sign on the existing pole. The Collier County Planning Commission reviewed this petition on August 17, 2000 and by a vote of 6-0 recommended approval of a ground sign with a maximum height of 8 feet and a copy area of 60 square feet. A neighboring property owner spoke at the CCPC hearing about locating the sign on the south side of the property, as not to interfere with his business to the north of the subject site. This petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTAL ISSUES: None. HISTORIC/ARCHAEOLOGICAL IMPACT: AGENDA ITEM SEP! 12 2000 Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for denial. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not reviewed by the EAC, as there were no environmental issues with this site. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve a ground sign with a maximum height of 8 feet and a maximum copy area of 60 square feet to be placed on the south side of the property. 2 AGENDA ITEM SEP i 2 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIE:~~) BY: CURRENT PLANNING SECTION DATE RO13EF;J~ J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVE~BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE 3 SEP 1 ~ 2000 i AGENDA ITEM 7-G MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION July 28, 2000 SV-2000-02 AGENT/APPLICANT: Owner: Henry and Marianne Filkoski 5 Railroad Street Hadley, Ma. 01035 Agent: Mario LaMendola, Architect 371 Commercial Boulevard Naples, FL. 34104 REQUESTED ACTION: The applicant is requesting a 40-foot variance from the required 150-foot road frontage for a pole sign to 110 feet, to place a pole sign on a lot with less than the required road frontage. GEOGRAPHIC LOCATION: The subject property is located on 1301 Airport Road South approximately 650 feet north of Davis Boulevard intersection on the east side of the road in Section 1, Township 50 south, Range 25 East, Collier County Florida. PURPOSE/DESCRIPTION OF PROJECT: Section 2.5.5.2.5.1. of the Collier County Land Development Code requires a frontage of 150 feet or more on a public street or a combined public street frontage of 220 linear SEP 1 2 2000 I[- SEP 1 2 feet or more for corner lots for a pole sign. This standard has been placed in the LDC since 1991 to control the sign proliferation and visual pollution. The site in question used to contain a pole sign, which was removed several months ago. The pole structure is still existing. The applicant is requesting to install a sign on the existing pole. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, there are multitudes of improved commercial property like the one in question. Those properties contain wall signs in compliance with the requirements of the Land Development Code. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, the site was created many years ago with a lot width that would not allow for a pole sign today, as it does not contain enough frontage as required by the Land Development Code. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there are other commercial buildings with no pole signs throughout the County. The Collier County LDC contains specific criteria that each property must meet in order to qualify for a pole sign. This property does not meet those criteria. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, as discussed above, a variance is not necessary to make possible the reasonable use of the land. 2 SEP 1 2 2000 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, as discussed above, there are properties throughout the County in similar situations, which do not have pole signs. This variance, if granted, will confer on the petitioner privileges that would be denied to other properties, unless a similar variance is granted for them. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will not be in harmony with the intent and purpose of the LDC in that it will cause pole sign proliferation which will have a deleterious effect on the aesthetics of the road. However it could be injurious to the neighborhood or detrimental to the public welfare if one considers a proliferation of signage as visual pollution. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? NO. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition SV-2000-02 to the BZA with a recommendation for denial. 3 .--- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: CURRENT PLANNING SECTION DATE R~iVIULHER[::i AICP, DIRECTOR PLANNING SERVICES DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: SV-2000-02 Staff report for August 17, 2000 CCPC meeting. This Petition has tentatively been scheduled for September 12, 2000 BZA Public Hearing. Collier County Plan~~i~mission: R~'SELL A. UDD, CHAIRMAn'--...._ 4 AGENDA SEP 1 2 2000 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER SV-2000-02, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals 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 a 40foot variance for a pole sign from the required 150-foot road frontage to 110 feet as shown on the attached plot plan, Exhibit "A", in a C-5 zoning district for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.5.5.2.5.1. of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV-2000-02 filed by Mario LaMendola, representing Henry and Marianne Filkoski, with respect to the property hereinafter described as: -1- SEP 1 2 2000 be and the same hereby is approved for a 40-foot variance for a pole sign from the required 150-foot road frontage to 110 feet as shown on the attached plot plan, Exhibit "A", of the C-5 zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number SV-2000-02 be recorded in the minutes of this Board. This Resolution adopted alter motion, second and majority vote. Done this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Ma~jo~e M. StriderS( Assistant County Attorney G:/admin/SV-2000-O2/CB/cw BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN -2- SEP 1 2 ZOO0 ,g6'gg~ M ,.Ot,,L~:.6g S J~ ~ .ot,,t~.6g s Exhibit "A" ~ SEP122000 Petition No. SIGN VARIANCE PETITION ~SV O0 2 ' Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: ~.tlt'~ ~ ~A(LIAN)~]~_. ~~[&l Petitioner's Address: ~ ~~D ~W~ Telephone: ~i~J) ~ 5t -Fo ~ !q Agent's Name: Agent's Address: '341, 4 Telephone: (~q'4"O '~'~::' Z- 473~ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Sign Variance Petition - 8/98 ~r. NDA ffEM SEI? 1 2 2000 Legal Description of Subject Property.: Subdivision: 12-2-~- LtE 'aTcC-F Unit ~ Lot (s) ds' Section I Twp. ~---90Range ~" Property I.D. Block (s) ['~ Metes & Bounds Description: I;56o ,~ '~ m1~ :2.0 ~. ,~ q ' ~4,,t. Address of Sign Location: Current Zoning and Land use of Subject Parcel: Length & Height of wall upon which the Sign will be secured: (If Wall Sign) Width of Subject Property: l ~ D ~ ~o~. (Road Frontage) Nature of Petition Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; how existing encroachment came to be; etc. TD U~ o~~~, ~ Wtt::,TH Application for Sign Variance Petition ~ z~fm SEP 1 2 ?_ago Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals sirall be guided in its determination to approve or deny a variance peridon by the below listed criteria (1-61. (Please address this criteria using additional pages if necessary.) Are tirere special conditions and circumstances existing which are peculiar to the location. size and characteristics of the land. structure. or building involved. Are there special conditions and circumstances which do not result from the action, of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Application for Sign Variance Petition SEP 1 2 2000 : Will granting the variance requested cont~r on the peutioner any special privilege that is denied bv these zoning regulations to other lands. buildings, or structures in the same zoning district. 6. Will granung the variance be in ha~ony with the intent and pu~ose of this zoning code, and not be injurious to the neighborhood, or othe~'ise detrimental to the public welfare. '7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. Application for 5i~n Variance Petilion - 8/98 AflF3~IOA IIT. M SEP 1 2 2000 -,a'g.L / - SIGN VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CttECKLIST IS TO BE SUBMITTED WITIt APPLICATION PACKET! REQUIREMENTS # ov COPIES REQUIRED 1. Completed Application 12 -2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 12 ~.fz.. 4. Survey or Site Plan of property. depicting the following:12 ' a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs-(labeled as such) d) Existing sign setbacks & proposed sign setbacks 5. Location map depicting major streets in area for 1 reference 6. Application fee, checks shall be made payable to Collier County Board of Commissioners 7. Other Requirements- _ As the authorized agent/applicant for this petition, I attest that all of the information indicated on thig checklist is included in this submittal package. I understand that failure to include all necessary submittal information may pplicant/Agent Signature Date Application for Sign Variance Petition - 8/98 AGENDA field . SEP 1 2 2000 AFFIDAVIT Ill: ~' ~//, w . that we/] IVe/,. I'/"~, ,'t [ I,..' , ,'o,,,,,: ,'i [ ~ :' '1 ,' being firs, dulv s orn. depose an~ sav am/are the ~wners of the property described herein and which ix lhe xubject matter of the proposed hearing; that all lhe an$wer~ to lha question~ in thi~ application. inciudin~ th~ disclosure of interest i~ormation. all ~ketche& data. and other ~upplemema~ matter attachrid ~o and made a partof this application. are honest and t~e to the best of our ~owledge and belief We/I understand that the it~ormation requested on this application must be complete and accurate and that the content of this form, whether computer generated or Cott.tv printed shall not be altered. Public/tearings will not be advertised ttntil this application is deemed complete. and all required i~ormation has been submitted. ~ I p,'oper,yown r as our/nty representative in any matters regarding this Petition. Signatu~/of lb/roperty Owner / // ,:,., . Signark of ~rop~/rty Owner T)fed or Printed Name of Owner Typed or Printed Name of Owner T~.regoing instrument was acknowledged before me this ' C~ day of by ~0~S5 .'~L-- who is personally known to me or hl~s produced as identification. Application for Sign Variance Petition - 8/98 (Signature of Notary Public State of Florida)~ Z /c_pt,o; (Print, Type, or Stamp Name of Nota .rv Publi~ Pa ,mn~jon~d/(~.. SEP 1 2 2000 EXECUTIVE SUMMARY PETITION CU-2000-06 DAVID W. RYNDERS, REPRESENTING JAMES K. KEISER, REQUESTING CONDITIONAL USE "14" OF THE "A" ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB PER SECTION 2.2.2.3. FOR PROPERTY LOCATED AT 1311 PET RANCH ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8.71 +/- ACRES. OBJECTIVE: To have the BCC render a decision regarding an application for Conditional Use "14" of the "A" Rural Agricultural zoning district in order to allow for an existing Social Organization to remain on site. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to legitimize an existing social club in which persons reportedly engage in social and recreational activities and who are not clothed. Existing facilities include: an enclosed pole barn with kitchen facilities, restroom facilities, an office, deck and hot tub; a sunbathing area adjacent to an existing lake; a dock and boat ramp facility; an outdoor barbecue pit/picnic area, and a parking area. The subject property is a partially developed 8.71-acre site located between Whippoorwill Lane and 1-75, approximately one-half mile south of Pine Ridge Road. Approximately 2 +/- acres of the site consists of developed upland, the remaining portions of the site, approximately 6 +/- acres is comprised of a lake. Access to the site is provided from Whippoorwill Lane, Nighthawk Drive and a driveway located off of Pet Ranch Road. CONSIDERATIONS: The site f{onts on a lake, which abuts 1-75 to the east. Access to the site is from Pet Ranch Road, which according to the property owner, is an improved, state owned and maintained access easement along the western property boundary of the site. Access to Pet Ranch Road i's provided from Nighthawk Drive, an unimproved private, dirt/limerock road that intersects with Whippoorwill Lane. Several residential and mixed-use Planned Unit Developments (PUD) which front Whippoorwill Lane and the future Livingston Road extension have been approved and/or are planned to develop in that area. The Board of County Commissioners recently approved staff's recommendation to create an east/west link betwe.en Whippoorwill Lane and Livingston Road just north of the Wyndemere PUD, at the section line. The Traffic Circulation Element and the County's Trafficways Map will be amended to show this link and Whippoorwill Lane as an Urban Collector Roadway. Whippoorwil! Lane (currently unimproved) will be improved to a 2-lane collector roadway once surrounding PUD's are developed. 1 1 2 200'0 PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The subject site is generally cleared and developed with scattered structures. Presently, all surrounding properties are undeveloped. A private road abuts the site to the west and 1-75 abuts the site to the east. According to the petitioner, activities that occur on site consist of sunbathing, outdoor bar-b-cues, a ~' monthly potluck supper, and an occasional membership meeting. Some of these outdoor activities are generally customary to residential zoning districts and noise levels should not be detrimental to surrounding properties mainly because they are undeveloped. Additionally, there should be no glare, economic or odor effects associated with the use as requested. CONS: Approvals are in place to allow surrounding land to be developed for single family and multi-family residential developments. At buildout, the surrounding area will be developed with approximately 2,500 dwelling units. The element of privacy the club currently enjoys will be significantly diminished at the onset of development and may be difficult to achieve due to the proximity of surrounding, approved projects. Development of the surrounding area may likely increase the possibility of curious onlookers, necessitating security of the site. Compatibility may be difficult to achieve in terms of the need for privacy for both the users of the site and abutting property owners, and security of the subject site due to its proximity to planned future developments in the area, resulting in increased pedestrian and vehicular traffic in the area. FISCAL IMPACT: This 6"onditional use request by and of itself will have no fiscal impact on the County. The use is already in existence. According to the Code Enforcement Department, a number of structures on site were built without first obtaining building permits. Recommendations stipulated as conditions of approval will require the property owner bring the site up to the current Land Development Code' regulations. This will entail the approval of a Site Development Plan and the obtaining of any required building permits and inspections. From this respect, the County will realize some fiscal impact in association with the collection of fees associated with these types of processes. Additionally, it is staff,s understanding that there are significant fines associated with the existing Code violations on the site. At the termination of all Code cases against the property owner, the County should realize some fiscal impact that is undetermined at this time. As currently zoned, the property owner woald be eligible to construct one single family dwelling unit. The fiscal impacts associated with the construction of a single family dwelling unit are described as follows: ~ ~dql)A n~ 2 $EP 1 2 2000 Current Agricultural Zoning District 8 acres / 1 sfdu per 5 acres = 1 sfdu 1 s.f. x $578.00 (parks) = $578.00 1 s.f. x $180.52 (library) = $180.52 1 s.f. x .15 x 1000 sq ft (fire) = $150.00 1 s.f. x $1,778 (schools) = $1,788.00 1 s.f. x $1,379 (roads) -- $1,379.00 1 s.f. x .005 x 1,000 (radon) = $5.00 1 s.f. x .005 x 1,000 (bldg code) -- $5.00 1 s.f. x $1.50 (microfilm) -- $1.50 1 s.f. x 14.00 (EMS) = $14.00 Total 1 s.f. du generate = $4,101.02 Building permit fees and utility fees have traditionally offset the cost of administering the communi~'y development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. GROWTH MANAGEMENT IMPACT: This petition will have no impact on the County's Growth Management Plan. Traffic Circulation Element: Staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 15 to 25 trips per weekday and 28 to 42 trips on the weekend. Some special events may generate up to 80 trips. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Whippoorwill Road. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points from Pet Ranch Road provides clear sight distance for users of the club and motorists using Pet Ranch Road and Nighthawk Lane. ENVIRONMENTAL ISSUES: There are no environmental issues that have been identified by staff upon review of this petition. This land use petition was not required to be heard before the EAC. 3 $EP 1 2 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU- 2000-06 subject to the stipulations as outlined in the resolution of adoption. EAC RECOMMENDATION: The petition was administratively reviewed on behalf of the EAC and staff addressed those matters jurisdictionally within their purview and to the extent necessary provisions were made partof the stipulations in the Resolution of Adoption. PLANNING COMMISSION RECOMMENDATION: At the Planning Commission meeting held on June 15, 2000, the Planning Commission voted unanimously to forward a recommendation for approval of CU-2000-06 to the Board of County Commissioners subject to staff' s stipulations as outlined in the resolution of adoption. Note: This petition was heard before the BCC on August 1, 2000. At that meeting the Board voted to continue the petition to the September 12, 2000 meeting. The Board raised concern over the property owner notification letters and signage used for advertising. The Board felt that the description of the project contained in the notification was not sufficient. Staff re-advertised the project for the September 12, 2000 hearing in accordance with the Board's direction. I SEP122000 PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER ? t / DATE REX~ IEWED BY: ! CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR - COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-2000-06, Keiser NOTE: This Petition has been tentatively advertised for the August 1, 2000 BCC meeting. 5 SEP I 2 2000 MEMORANDUM AGENDA ITEM 7D TO: FROM: DATE: RE: AGENT/OWNER: Agent: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION MAY 19, 2000 PETITION NO: CU-2000-06, KEISER LAND1NG/SOUTHEILN EXPOSURE David W. Rynders, Attorney-at-Law 305 Wedge Drive Naples, FL 34103 Owner: James K. Keiser c/o 305 Wedge Drive Naples, FL 34103 GEOGRAPHIC LOCATION: The subject site is located south of Pine Ridge Road on the east side of Pet Ranch Road at the end of Nighthawk Road, which presently connects to Whippoorwill Lane. Specifically in Section 18, Township 49 South, Range 26 East, Collier County Florida. REQUESTED ACTION: The petitioner is seeking Conditional Use "14" of the "A" Rural Agricultural zoning district in order to allow for an existing Social Organization to remain on site. PURPOSE/DESCRIPTION OF PROJECT: The subject property is a partially developed 8.71-acre site located between Whippoorwill Lane and 1- 75, approximately one-half mile south of Pine Ridge Road. Approximately 2 +/- acres of the site consists of developed upland, the remaining portions of the site, approximately 6 +/- acres is comprised of a lake. Access to the site is Wovided from Whippoorwill Lane, Nighthawk Drive and a driveway located off of Pet Ranch Road. The petitioner is proposing to legitimize an existing social club in which persons reportedly engage in social and recreational activities and who are not clothed. Existing facilities include: an enclosed pole barn with kitchen facilities, restroom facilities, an office, deck and hot tub; a sunbathing area adjacent to an existing lake; a dock and boat ramp facility; an outdoor barbecue pit/picnic area, and a parking area. There exists a 330 foot long Ficus and Coco Plum Hedge along Pet Ranch Road, however~ the $EP 12 2000 2000 , majority of that landscaped area is infested with Brazilian Pepper. The pepper/landscape buffer also runs along the north and south property boundaries. The site fronts on a lake, which abuts 1-75 to the east. Access to the site is from Pet Ranch Road, which according to the property owner, is an improved, state owned and maintained access easement along the western property boundary of the site. Access to Pet Ranch Road is provided from Nighthawk Drive, an unimproved private, dirt/limerock road that intersects with Whippoorwill Lane. Several residential and mixed-use Planned Unit Developments (PUD) which front Whippoorwill Lane and the future Livingston Road extension have been approved and/or are planned to develop in that area. The Board of County Commissioners recently approved staff' s recommendation to create an east/west link between Whippoorwill Lane and Livingston Road just north of the Wyndemere PUD, at the section line. The Traffic Circulation Element and the County's Trafficways Map will be amended to show this link and Whippoorwill Lane as an Urban Collector Roadway. Whippoorwill Lane (currently unimproved) will be improved to a 2- lane collector roadway once surrounding PUD's are developed. Sewage disposal and the potable water supply will be provided by on-site systems (well and septic). SURROUNDING LAND USE AND ZONING: Existing: The subject 8.71-acre site is currently developed with an enclosed pole barn, an outdoor grill, docks, and unimproved parking area. Surrounding: North: The property to the north is zoned "PUD", Whippoorwill Lakes PUD which is approved for development of 518 dwelling units at a density of 6.74 dwelling units per acre. The land is currently undeveloped. South: The property immediately abutting the site to the south is zoned Agricultural, Further south, the property was recently rezoned to PUD (Whippoorwill Woods PUD) and has been approved for development of 462 dwelling units at a density of 5.51 dwelling units per acre and is currently undeveloped. East: The property to the east is comprised of a Lake and the 1-75 right-of-way. West: The property to the northwest was recently rezoned to PUD (Whippoorwill Lakes PUD) and has been approved for development of 518 dwelling units. The property to the southwest was recently rezoned to PUD (Whippoorwill Pines PUD) and has been approved for development of 180 dwelling units. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP) as noted below: Future Land Use Element: The subject site is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban designation permits non- residential land uses, including parks, recreation and open space uses, and community far litie. n 2 SEP 1 2 2000 including social and fraternal organizations. Policy 5.4 of the Future Land Use Element requires new land uses to be compatible with the surrounding area. A compatibility analysis is conducted as part of the conditional use petition review process and is explained herein. Based on the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Traffic Circulation Element: Staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 15 to 25 trips per weekday and 28 to 42 trips on the weekend. Some special events may generate up to 80 trips. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Whippoorwill Road. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the proj ect's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points from Pet Ranch Road provides clear sight distance for users of the club and motorists using Pet Ranch Road and Nighthawk Lane. Other Applicable Element: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/o~'extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. 3 SEP I 2 2000 CRITERIA EVALUATION: The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested use is consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Urban (Urban Mixed Use District, Urban Residential Subdistrict) in the "A" Rural Agricultural zoning district, which provides for the requested uses as conditionally permitted uses. 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 and/or catastrophe. Pro: Access to the site is from Pet Ranch Road which is located offof Nighthawk Drive, which is accessed from Whippoorwill Lane. Ingress and egress to the site is provided via a driveway connection located off of Pet Ranch Road. The location of the driveway entrance should not have a negative impact on traffic flow or access. Con: Access to the site is provided via a private road a portion of which is currently improved (Pet Ranch Road) and a portion'of which is unimproved. The unimproved portion, Nighthawk Drive, is comprised of a 60-foot private access easement, which runs from Whippoorwill Lane to Pet Ranch Road for approximately i/2 mile. Vehicles traveling to and from the site will generate dust and exacerbate maintenanceproblems on the existing dirt road. Due to the current lack of development surrounding the subject site, the impact of the dust on neighboring developed properties will be minimal. However, the recently approved Whippoorwill Lakes PUD abuts the north side of Nighthawk Drive and Whippoorwill Pines abuts the south side of 4 $EP 1 2 2000 Nighthawk Drive. Future residential development planned for this PUD which abuts Nighthawk Drive may be negatively impacted from dust from the unimproved roadway surface. Summary Conclusion: The major points of ingress and egress to the improved portion of the site are already established and functioning due to the existence of the social club. Based on the existing layout of the site plan coupled with the condition of low traffic volumes and clear sight distances from access points, the access driveway from Pet Ranch Road should produce sufficient operating conditions. Access geometry and on-site traffic circulation will be subject to approval at the time of Site Development Plan approval. Since Nighthawk Drive functions as the primary access to residential land uses and the subject site, the additional trips from the social club may have a detrimental effect on Nighthawk Drive in terms of increased maintenance requirements, and may create additional dust and noise which could negatively affect other users of the road, or nearby planned residential communities. For these reasons, stipulations in the resolution of adoption are recommended in order to reduce these negative impacts. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The subject site is generally cleared and developed with scattered structures. Presently, all surrounding properties are undeveloped. A private road abuts the site to the west and 1-75 abuts the site to the east. According to the petitioner, activities that occur on site consist of sunbathing, outdoor bar-b-cues, a monthly potluck supper, and an occasional membership meeting. Some of these outdoor activities are generally customary to residential zoning districts and noise levels should not be detrimental to surrounding properties mainly because they are undeveloped. Additionally, there should be no glare, economic or odor effects associated with the use as requested. Con: To the north and west, property is zoned PUD and is undeveloped, but is approved for single family and multi-family development. Further south, the property is zoned PUD which allows for single family and multi-family development, although it is currently vacant. As these properties build out, there will be an increased likelihood that neighboring properties may be affected by noise or activities related to the use of the subject site. Increased traffic volumes and higher levels of activity may occur should the social club become utilized above the level at which it is currently operating. Although the current activity levels on site are relatively low when compared to the level of membership, the potential for increased usage of the site exists. According to the petitioner, the club presently has approximately 250 members, half of which are Collier County residents. Additionally, the site is also being used for outdoor storage of camping trailers and scrap metal that appears to be unrelated to the use of the site as a social organization. The use of the site for outdoor storage of scrap metal is unrelated to the requested conditional use and is not permitted by right in the Agricultural zoning district. Summary Conclusion: Properties immediately abutting the site are presently undeveloped, however, surrounding properties to he north, west and south were recently approved to allow single family and multi-family development at densities of 5.51 to 7.1 dwelling units per acre. As these properties build out, there will be an increased likelihood that neighboring properties 5 SEP 1 2 2000 de will be affected by noise related to the use of the subject site. Increased traffic volumes and higher levels of activity may occur should there be an increase in the utilization of the club above that which is currently occurring on the site. The installation of a significant landscape buffer and fencing may help mitigate these conditions to some extent. Compatibility with adjacent properties and other property in the district. Pro: The current activity level and type of uses which occur on site are generally of low intensity and could be considered compatible with surrounding properties because they are presently undeveloped. Con: The subject property at one time was located in what could be considered a relatively remote location of the County. Relative to the nature of the use in relationship to its surroundings, and the need of the club members for privacy, compatibility should also be evaluated in terms of the potential for visual and physical intrusion by non-club members. A significant number of planned projects in the area have been approved, and several projects in the area are pending approval. When rezoning approvals in this area are complete, approximately 2,500 dwelling units will be authorized for development. These planned developments surround the remaining Agriculturally zoned property abutting the lake including the subject site, thus, significantly diminishing the ability to achieve privacy, and greatly increasing the likelihood of physical and visual intrusion by non-club members. Development approvals for the three abutting PUDs (Whippoorwill Lakes, Whippoorwill Pines and Whippoorwill Woods) allow for 3-story multi-family development at a maximum height of 45 feet. Whippoorwill Lakes PUD abuts the subject site to the north and encompasses a portion of the same lake utilized by the club. Residential development areas shown on the PUD Master Plan indicate development will likely occur abutting the lake. Should multi-family development occur adjacent to the lake, privacy xvould be almost impossible to achieve on land without a mature landscape buffer of significant height and width to screen the properties from each other. This type of landscape buffer does not exist on the subject site nor does it exist on the neighboring property to the north. it would not be possible to instantly create such a buffer with landscape plantings. The ability to screen views from neighboring properties along the property boundaries through the lake will not be possible to achieve. The development planned for that area will significantly increase traffic to the area, which will likely increase the possibility of curious onlookers. For that reason, security of the site by way of a fence and gated entrance is necessary. Summary Conclusion: Approvals are in place to allow surrounding land to be developed for single family and multi- ~family residential developments. At buildout, the surrounding area will be developed with approximately 2,500 dwelling units. The element of privacy the club currently enjoys will be significantly diminished at the onset of development and may be difficult to achieve due to the proximity of surrounding, approved projects. Development of the surrounding area may likely increase the possibility of curious onlookers, necessitating security of the site. Compatibility may be difficult to achieve in terms of the need for privacy for both the users of the site and abutting property owners, and se{ urity of the subject site due to its proximity to planned future developments in the area, resulting in increased pedestrian and vehicular traffic in the area. nc, rr.~A STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-06 for Conditional Use 14, Social and Fraternal organizations, subject to the following conditions: ao The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). Do If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. eo The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. f. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. go Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. ho The portion of Nighthawk Lane from its intersection with Whippoe rwill Lane to Pet Ranch Road shall be maintained in a dust free condition. 7 SEP 1 2 2000 Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. 8 $EP 1 2 2000 PREPARED BY: ..-.SUSAN MURRAY, AICP CHIEF PLANNER DATE REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBER J~ PLANNING SERVICES DIRECTOR DATE APPROVED~BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRON. SVCS DIVISION Staff Report for the June 15, 2000. This petition is tentatively scheduled for the August 1, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 9 SEP 1 2 2000 Petition No.: Commission District: APPLICATION FOR PUBLIC HEARING FOR: cON1)~fTIONAL USE Date Petition Rece~vea[ I: =~ ~' . / ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) /~/~ ~--~ I State ~.~ff Zip ,_.qc( ~ p ~ Applicant's Telephone Agent's Mailing Address Agent's Telephone # ~z/'/ State f~ Zip T'~/tvg COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/9~ PAC - AC, EN~A ff-oa . 1 2 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: /~//i'3' Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership intereat as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address , Percentage of 0wnf~hip ~ ~,* ~ ~ ~ k- /c ~,~ / o o '~r'~ ,, APPLICATION FOR PUBLIC HEARING FOR CONDrYIONAL USE - 6/98 · - ~Aff-~d ?A{E 2~[~{:lsl 2 2000 Do If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name. Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6198 PAC 2000 If any contingency clause or contract tenus involve additional individuals or officers, if a corporation, parmership, or trust. Name and Address parties, list all go Date subject property acquired (OAeased ( ):/c'/~'~Term of lease If, Petitioner has option to buy, indicate date of option: tmates: , or anticipated closing date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineees certification or sealed survey may be required. Section: /~"~ Township: .Z,/ 7 Range: Lot: Block: Subdivision: Plat Book Metes & Bounds Description: Page #: Property I.D.#: Sizeorproperty:.,~TL3 fLX /'/,_,-~O fL=TotalSq. Ft. 37-~'cc) Acres 00.7 Address/generaliocationofsub_iectprop.r~_: /-.~'! ,,/~.~r .'~¢~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE 12 2000 6. Adjacent zoning and !and use: Zoning Land use Does property owner own contiguous property to the subject prop~so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). ~ Section: ,)(;l/(z?Township: Range: Lot: Block: Subdivision: Plat Book~ Page #: Metes & Bounds Description: Property I.D.#: Type of Conditional Use: This application is requesting conditional use # I c/ the/'~.~ district for cr'a, Eo~usE)~,~(__. ~/~L. ~a.x,'~Dcv(. <~cc,~f~r/.//+,,~cj of Present Use of the Property: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Plataning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below· Specify how and why the request is consistent w :'.. ~oAffe~ (Attach additional pages as may be necessary). ~x.~.~_... EP 1 2 2000 Describe how the project is consistent with the Collier County. Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicablesectionorportions ofthefuturelanduse element): / Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian and access in case of fire o$ Co Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor:d'tJ 0 .a.J~-.-,-- ~'x4~'vlaa'r'ta ,','"'.~ "d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: ~,,,~ .( ~,-, ~ ~,~, .~,,q~ ~3/"~- .c,.~~ c--~_ e. Please provide any additionaJ information which you may feel is relevant to this APPLICATION FOR PUBLIC HKARENG FOR CONDITIONAL USE - 6/911 PAGE SEP 1 2 2000 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous !and use petitions on the sub_iect property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? t~ · ,mq/__~. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in older for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maxi~rnum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR pLrBLIC HEARING FOR CONDmONAL USV. - 6/98 PA( 2000 Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Depmiment of Transportation Land Use Cover and Forms Classification System. e. Statement ofutili~/pi:ov. isions (with all required attachm~ents _a!ad sketches); f. A Traffic Impact Statement ~IS,, unless waived at the pre-applicafion meeting; /~~/ cj. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE o ,.S p 1 2 2000 ~._ ,~ STATE.WENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: ! ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: 'Section: / ~ Township: Lot: Block: Subdivision: Plat Book~ Page #: Property I.D.#: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME ct. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: &. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARLNGFORCONDITIONAL USE o PA 1 2 2000 Pa.,, 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK /~/' ' * AVERAGE DAILY ~v,./,.~ B. SEWER-PEAK ~-'/,..3 AVERAGE DAILY /'~/~ IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: ,~/~ ~- . NARRATIVE STATEMENT: ~rovide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ¥~ ~_ ,.2 t-~/" ~ ~ 7-< ~ ~- COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized ~tatement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance ofbuilding permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provtstou Statement RAM 10117/97 APPLICATION FOR PUBLIC HEARING FOR CONDFTIONAL USE - 6/98 PAG CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST-IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED REQUIRED 1. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. Conceptual Site Plans 11 ~" 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified)4 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Trafrlc Impact Statement - (TIS) 4 v/ 10. Historical & Archaeological Survey or Waiver 4 v Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s)4 13. A. pplication Fee, Check shall be made payable to- Collier County Board of Commiasioner~ 14. Other Requirements - As the authorized agent/applicant for this petition, I attes~ that all of the information indicated on this checklint is included in th~ submittal package. I understand that failure to include all neceasary submittal information may t~axdt in the delay of process th~ petition. Applicant/Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAG! 14 O'~lJ~ 1 2 2000 We/I, -~'/~ ~c;_x' /.'. /(~4.. being first duly sworn, depose and say that weft am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to~_!te 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/I 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 property owner We/I further authorize ~f ~ ,~ l/ /' 2' ~ ~.~.,/ //~//V i~ ~ t;-'~ ~'to act as our/my representative in any matters regarding this Petition. 4~a[ure of'Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The f~o~. oing instrument was acknowledged before me this ,.-~L~/~ay of/fi~'~ o t~ -tgt~q°, by ~/rT~:~, ~. ~/~or£,~. who is personalIv im-'~o me or has produced as identification. State of Florida County of Collier -~~ llO~ tl~ APPLICATION FOR PUBLIC I~KARING FOR CONDITIONAL USE - 6/98 (Print, Type, or Stamp Commissioned Name of Notary Public) sSc ts1 2 2000 RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SOCIAL CLLqB CON-DITIONAL USE "14" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.71+ ACRES. 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use "14" of Section 2.2.2.3 in an "A" Zone for a social club on the property hereinafter described, and 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 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity. to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by David W. Rynders, Attorney at Law, representing James K. Keiser. with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" Zoning District for a social club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the m, SEP 1 2 2000 t,q" This Resolution adopted after motion. second and majority vote. Done this day of .2000. BOA_R_D OF ZONING APPEALS COLLIER COUNTY. FLORIDA ATTEST: DWIGHT E. BROCK. Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjohe M. Student Assistant County Attohey g/admin/CU-2000-06/RESOLLWION/SM/im -2- ~,.~,/'~(,,:))c_. SEP 1 2 2000 ~._ ~q_ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-06 The following facts are found: o Section 2.2.2.3.14 of the Land Development Code authorized the conditional use. Grant,ing the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: /No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use wityn district Yes No Based on the above findings, this conditional use should, with~ stipulat. ions~ '(6~'~-a~tac~hed) (should not) be recommended for approva~ ~ P~?0U~- ..~ ~A:~ ....... - g/admin/Findings of Fact Chairman/CU-2000-O6/SM/im EXHIBIT "A" CU-2000-06 Exhibit B N '/2 ofN t/2 ofNE ~A of SE V4 of Section 18, Township 49S, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. SEP 1 2 2000 ~ ~;/ LAND~)CA~E B L.i FFF__ ~ '!, LA N D-':.:, c A TC'k--'. :,L\ F F6.. ~... SEP 1 2 2000 Page 1 of 2 of Exhibit D CU-2000-06 Subject to the following conditions: ao The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Go An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. eo The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary i~pections and a Certificate of Occupancy for the site. Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the east, west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting. Trees shall be planted at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. h. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. SEP 1 2 2000 Page 2 of 2 of Exhibit D CU-2000-06 Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. Activities that occur on site shall be limited to sunbathing, outdoor bar-b-cues, recreational activities associated with bar-b-cues such as volleyball and horseshoes, potluck suppers and membership meetings. 'The sunbathing, bar-b-cues and recreational activities associated with bar- b-cues may occur on a daily basis. Potluck suppers and membership meetings shall occur no more than once every 30 days per use. Any uses of the site beyond those defined above and/or changes to the time limitations shall require the submittal and approval of a new conditional use. SEP 1 2 2000 EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD TO PLACE OZONE MONITORING EQUIPMENT AT LAUREL OAK ELEMENTARY SCHOOL TO CONDUCT AMBIENT AIR QUALITY MONITORING FOR THE URBAN AREA OF THE COUNTY OBJECTIVE: To have the Board of County Commissioners approve the attached Interlocal Agreement with the Collier County School Board allowing the placement of the ozone monitoring trailer. CONSIDERATIONS: The County has entered into an Agreement (Contract AQ 158) with the Florida Department of Environmental Protection (FDEP)to conduct Ambient Air Quality monitoring. To implement the Agreement with the FDEP the County requested permission of the Collier County School Board to place an 8' x 20' Ozone Monitoring Trailer at the Laurel Oak Elementary School. This site, along with an additional monitoring site to be situated in a County park in the southwest sector of the Naples Urban area, will provide a homogeneous evaluation of the ozone conditions throughout the Naples urban area of the County. The School Board approved the attached Interlocal Agreement at their August 10, 2000 meeting. The County Attorney has approved this Agreement. FISCAL IMPACT: The FDEP will fund all costs for providing equipment and utility services to conduct this program. The County will provide technical assistance, utilizing existing Staff of the Pollution Control & Prevention Department. No additional staff will be required. GROWTH MANAGEMENT IMPACT: Approval and implementation of this Agreement will substantially satisfy the Goals and Objectives of Goal 8 and the related Objectives as set forth in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. ~ RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement with the Collier County School Board. PREPARED BY: ~ Date: ~" J-~ ~- ~ Irvin~ L.B~(rzon, P.E, [~ngineer~mg Project Maaager Polluti~:troi & Prevention Department D~ E '~f'eu"'~Vallace, Interim Director ntrol & Prevention Department incent A.Cautero, AICP, Administrator Date: Community Development & Environmental Services Division SEP 1 2 2000 AGREEMENT FOR OZONE TRAILER AT LAUREL OAK ELEMENTARY THIS AGREEMENT, made and entered into this 10 day of August, 2000 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "SCHOOL BOARD"), located at 3710 Estey Avenue in Naples, Florida 34104 and COLLIER COUNTY (the "COUNTY") having an address at 3301 East Tamiami Trail, Building H, Third Floor, Naples, Florida 34104. WITNESSETH: WHEREAS, the SCHOOL BOARD is a public body charged with the responsibility of providing educational resources to students of the county; and WHEREAS, the COUNTY is a governmental agency charged with placing an ozone monitoring unit in Collier County as directed by the State of Florida; and WHEREAS, the COUNTY desires to place an 8' X 20' trailer at Laurel Oak Elementary to monitor the ozone levels throughout the county; and WHEREAS, the SCHOOL BOARD and the COUNTY desires to have an amicable relationship in servicing the citizens of Collier County, Florida; and WHEREAS, the COUNTY shall provide the SCHOOL BOARD with copies Of all specifications for the trailer installation; and NOW, THEREFORE, the parties agree as follows: The SCHOOL BOARD agrees to allow the COUNTY to place an 8' x 20' trailer at Laurel Oak Elementary on the Northwest side of campus at a location approved in advance by the SCHOOL BOARD. The COUNTY will place the trailer at Laurel Oak Elementary to monitor ozone levels in the county. The COUNTY shall pay for all costs associated with installing, maintaining, and removing the aforementioned trailer. The COUNTY shall comply with all applicable building codes as established by the State Requirement for Educational Facilities (SREF). The COUNTY shall maintain appropriate liability insurance and the SCHOOL BOARD shall be listed as an additional insured. Also, to the greatest extent allowed by law, the COUNTY shall hold the SCHOOL BOARD harmless against all claims associated with this Agreement, including direct and/or indirect economic and/or consequential losses. e~h~a~t The SCHOOL BOARD, its employees, contractors and subcontractors shall not be ....o--not ^ ~" · to any required inspection or re-inspection of the trailer while located at Laurel O~ n,. ~ ! Elementary. SEP127.000 The SCHOOL BOARD will allow the COUNTY employees and representatives reasonable access to the site. The COUNTY shall provide an estimated schedule to the SCHOOL BOARD of when access is required to the trailer. This agreement will expire in five (5) years and will need to be renewed by each agency. The COUNTY shall install an 8 foot high chain link fence around the perimeter of the trailer and will secure its gate. 10. The COUNTY shall be responsible for the expense in restoring the site to its present condition when the trailer is removed in the future. 11. The COUNTY shall provide the Principal of Laurel Oak Elementary with a spare key in case of an emergency at the site. 12. This agreement may be terminated without cause by either party upon sixty (60) calendar days written notice to the other party. 13. This agreement shall become effective upon approval by the majority vote of both the SCHOOL BOARD and the COUNTY. 14. Any utility requirements will be satisfied by the COUNTY at its expense. 15. The COUNTY will cooperate concerning any educational benefits for Collier Count3, Public School students that can be derived from the presence of the ozone monitoring system on SCHOOL BOARD property. 16. This agreement may not be changed orally, is the entire agreement of the parties, will be interpreted under Florida law and may not be assigned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA S U PE~ND2NT OF SCHOOLS · DR. DAN W. WHITE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN SCHOOL BOr4~D CHAIR BARBARA J. ~J]tL-q-I Approved ms to for~a~& legal NO. / "~ . / SEP 1 o00 EXECUTIVE SUMMARY APPROVAL OF AMENDMENT #2 FOR CONTRACT GC530 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO CONTINUE TO OVERSEE THE CLEAN-UP OF PETROLEUM CONTAMINATED SITES IN COLLIER COUNTY OBJECTIVE: To eliminate petroleum contaminated sites in Collier County. CONSIDERATIONS: Since 1990 the Pollution Control & Prevention Department has been providing contract administration and remediation services for the clean-up of petroleum contaminated sites throughout Collier County under a Contract with the FDEP. Annually, the contract between the FDEP and the County has been revised, amended or re-negotiated to reflect the changing fiscal, legal or legislative conditions and requirements. GROWTH MANAGEMENT IMPACT: Clean-up of petroleum contaminated sites are consistent with Objective 1.5 of the Natural Groundwater Recharge sub-element of the Public Facilities Element of the County's Growth Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. FISCAL IMPACT: FDEP will reimburse the County for administrative work conducted not to exceed $ 71,263, including personnel, equipment and training costs needed to implement the scope of the work under Contract GC530, Amendment #2. This program has been approved by the Board since 1990. Funds were not budgeted in FY00/01, and a resolution to the tentative budget will need to be submitted in the public final hearings of September 20, 2000, RECOMMENDATION: That the Board of County Commissioners: (1) Authorize the Chairman to sign the attached Amendment #2 for FDEP GC530 with the Florida Department of Environmental Protection and', (2) Authorize staff to make all necessary budget amendments and to implement the contract as presented with this executive summary. PREPARED BY: [~&¥'[,.. ,-,,,,. DATE: c//-~'"'~c'~('; Mal'~ Cfi~lisse-- D.E.-"BI~0a" Wallace, Interim Director P~lutipfi Control & Prevention~ Department Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division MC:executive summary attachment .... ~GF:NDA ITEM SEP 12 Pg. I 2O00 DEP CONTRACT NO. GC530 C0[~V AMENDMENT NO. 2 ...... THIS CONTRACT as entered into on the 28~ day of October, 1997, and amended on the 15~ day of ' Decembe~i 1998, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Deparmaent") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is hereby amended as follows: Paragraph 9 is hereby revised to decrease the funding increment amount of the Contxact for Category H services from $900,000 to $400,000 (a decrease of $500,000). Paragraph 11 is hereby revised as follows: - Effective July 1, 1999, Item D, (2)b is hereby revised to reld as follows: Equipment - (Capital outlay over $1,000 in value) - Reimbursement for the purchase of equipment is limited to those items identified in the Remedial Action Plan (RAP) or RAP Modification. Include copies of invoices or receipts to document purchases, and a completed Property Reporting Form (Attachment G1). Item E, the last sentence is hereby revised to read as follows: Also, requests for reimbursement of non-expendable equipment costhag $1,000 or more will not be approved for payment unless the invoice for said equipment is accompanied by a px )perlv complet~a Propera/Reporting Form (Attachment G I). .~.e ~~ ~ Item I, the last sentence is hereby revised to read as follows: The Vendor~Ombudsman may be contacted at 850/410-9724 or 1-800-848-3792. Paragraph 22 is hereby revised to change the Depa~hxmnt's Project Manager to Grace 488-3935. SEP 1 2000 ,rs, - Paragraph 34, Item C is hereby revised to read as follows: The subcontractor shall save and hold harmless and indemnify the Contractor, the State of Florida and the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this Contract, resulting from any negligent act or failure to act by the subcontractor, or any of the employees, agents or representatives of the subcontractor to the extent allowed by law. -~ Paragraph 35, the first two (2) sentences are hereby revised to read as follows: The purchase of non-expendable equipment costing $1,000 or more purchased for purposes of this Contract remains the property of the Depar~nent The Contractor's Project Manager shall complete and sign a Property Reporting Form, provided as Attachment G1, attached hereto and made a part hereof and forward it through the Depax~ment's Project Manager to the Department's Property Management Office. - Paragraph 37 is hereby deleted in its entirety and replaced with the following: In addition to the provisions contained in Paragraph 27, the Contractor shall comply with the applicable provisions contained in Attachment HI, Special Audit Requirements. A revised copy of Attachment HI, Exhibit-1, must be provided to the Contractor with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Contract for purposes of assisting the Contractor in complying with the requirements of Attachment HI. If the Contractor fails to receive a revised copy of Attachment H1, Exhibit-I, the Contractor shall notify the Departmeals Contracts Aclmini.~trator at (850) 922-5942 to request a copy of the updated information. DEP Contract No. GC530, Amendment No. 2, Page 1 of 2 Attachraents B1 and B2 are hereby deleted in their entirety and replaced with Attachments B1-Revised and B2-Revised, respectively, attached hereto and made a part hereof. All references in the Contract to · Attachmenu B 1 and B2 shall now read Attachments B 1-Revised and B2-Revised, respectively. :~ .... ~ '-..?:. :'Attachments C1 and C2 are hereby deleted in their entirety and replaced with.Attachments Cl-Revised and - . .....:~: 'L.:: ·Attachment C2-Revised, respectively, attached hereto and made a part hereof. All references in the Contract to Attachments C1 and C2 shall now read Attachments C1-Revised and C2-Revised, respectively. Attachment G, Property Reporting Form, is hereby. deleted in its entirety and replaced with Attachment G 1, Property Reporting Form, attached hereto and made a part hereof. All references in the Contract to Attachment G shall now read Attachment G1. Attachment H, Chapter 10.600, Rules of the Auditor General, is hereby deleted in its entirety and replaced with Attachment HI, Special Audit Requirements, attached hereto and made a part hereof. All references in the Contract to Attachment H shall now read Attachment HI. In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEC'"/~, ON.~'/,"~ Date: ~k~//~//~ / / DEP Contracts Administrator Approved as to form and List of attachments/exlu3its included as part of this Amendment: Specify Letter/ Type Number Attachment B 1-Revised Attachment B2-Revised Attachment C 1-Revised Attachment C2-Revised Attachment G1 Attachment HI Approved as to form and legality: Attorney Description (include number of pages) SEP 1 2 2000 Revised Task AssiLmment Notification Form- Category I Services (1 Page) Revised Task Assignment Notification Form - Category II Services (1 Page) Revised Task Assignment Change Order Form - Category I Services (1 Page) Revised Task Assignment Change Order Form- Category II Services (1 Page) Property Repo~g Form (1 Page) Special Audit Requirements (5 Pages) DEP Contract No. GC530, Amendment No. 2, Page 2 of 2 ATTACHMENT B1 - REVISED TASK ASSIGNMENT NOTIFICATION FORM CATEGORY I SERVICES FDEP Contract Number: Task Assignment Number: Contractor Name: Contract Manager: FDEP Contract Manager: Phone #: Phone #: Task Description: (Use additional pages if necessary) Deliverable: Task Assignment Type: Fixed Price: Total Task Assignment Value: Amount Not To Exceed Organization E.O. Object Code Module Special Fiacal Budget Representative Code Category Year Approval Revised Attachment HI, Exhibit-l, attached to this document. Revised Attachment HI, Exhibit-l, not required for this task assignment, since the funding reinruns unchanged. FEDP Contract Manager Cost Center Administrator Bureau Chief Contractor Representative Gwenn Godfrey, Contracts Section CMS93) Bureau of Patroleum Storage Systems, Accountant Finance and Accounting, Contracts Disbursements Section (MS78) - 2 Copies Date Date Date Date SEP 1 2 2000 DEP Contract No. CC530, Attachment B1 - Revised, Page 1 of 1 ATTACHMENT B2- REVISED TASK ASSIGNMENT NOTIFICATION FORM CATEGORY H SERVICES FDEP Contract Number: Contractor Name: Contract Manager: FDEP Contract Manager: Task Description: (Use additional pages if necessary) Task Assignment Number: Phone #: Phone #: Deliverable: Task Assignment Type: Cost Reimbursement: Total Task Assignment Value: Amount Not To Exceed FEDP Contract Manager Cost Center Administrator Bureau Chief Contractor Representative Gwcnn Godfrey, Contracts Section (MS93) Bureau of Petroleum, Storage Systems, Accountant Finance and Accounting, ConUacts Disbursements Section (MS78) - 2 Copies DEP Contract No. GC530, Attachment B2 - Revised, Page 1 of 1 Date Date Date Date SEP 1 2 200 ATTACHMENT Cl-REVISED TASK ASSIGNMENT CHANGE ORDER FORM Category I Services FDEP Contract Number: Task Assignment Number: Change Order Number:. Contractor Name: Contractor Representative: FDEP Contract Manage~. Phone #: Phone #: Description of change (Use additional pages if necessary) CHANGE IN TASK AMOUNT Item OHginal task amount: Task amount prior to this change order: Net increase/decrease in task amount: Task amount with all change orders: CHANGE IN TASK TIME Item Days or Dates Original task due date: Due date prior to this change order: Net increase/decrsase in task period: Due date with all change orders: Organization E.O. Object Code Module Special Fiscal Yr. Budget Representative Approval Code Catego~ I Ravised Affachment H1. Exhibit-1. attached to this document. Revised Attachment H1, Exhibit-I, not required for this change order since the funding remains unchanged. FDEP Contract Manager Date Cost Center Administrator Date Bureau Chief Date ~'"" Contractor Representative Gwenn Godly-y, Contracts Scctio~ (MS93) ~" Bureau of Petroleum Storage Systems. Fisc~ Assis~t ~ Finnace and Accounting, Contracts Disbumem~nts -~n (lV1S78) - 2 Copies DEP Contract ~To. GC~30, Attachment C1-Revised, Page 1 of I Date SEP I FDEP Contract Number: ATTACHMENT C2-REVISED TASK: ASSIGNMENT CHANGE ORDER FORM Category Ii Services Task Assignment Number: Change Order Number: Contractor Name: Contractor Representative: FDEP Contract Manager: Phone #: Phone #: 850/488-3935 Description of change (Use additional pages if necessary) CHANGE IN TASK AMOUNT Item Original task amount: Task amount prior to this change order:. Net increase/decrease in task amount: Task amount with all change orders: CHANGE IN TASK TIME Item Original task due date: Due date prior to this change order:. Net increase/decrease in task period: Due date with all change orders: Days or Dates FDEP Contract Manager Date Cost Center Administrator Date Bureau Chief Date Contractor Representative Date Gwenn Godfi~'y, Contracts Section (MS93) Bupeau of Petroleum Storage Systems, Fiscal Assistnnt Finance and Accounting. Contracts Disbursements Section (MS78) - 2 Copies DEP Contract No. GC530, Attachment C2-Revised, Pnge I of I SEP 1 2 ZOO0 ATTACHMENT HI SPECIAL AUDIT REQUIREMENTS The admlni.~tration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contracffagreement) 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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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 sucli audit. The recipient further agrees to comply and cooperam with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller 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 defmed in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In detc~ mining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The deterraination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfil the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 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 $300,000 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 funds (i.e., the cost of such an audit must be paid from recipient funds 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://aspe.os.dl/hs.gov/c£da. PART H: STATE FIJNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Sta~ DEP Contract No. GC530, Attachment HI, Page 1 of 5 SEP 1 2 20 Pg..--~ ' · 1. In the event that the recipient expends a total amount of State awards (i.e., State £mancial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching reqairements shall be excluded from consideratiozr In connection with the audit requirements addressed in Part 1:I, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the recipient expends less than $300,000 in State awards 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 $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient timds obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at http://www.eog.state.fl.ns/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us./, Governor's Website http://www. flgov.com/, Department of Banking and Finance's Website http://www.dbf. state.fl.us/, and the Auditor General's Website http://www.state.fl.us/audgen. PART Ill: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specij~ any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circaliar A-133, as revised, and required by PART I of this agrcement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmenlal Protection at each of the following addresses: Grace Rivera, Project Manager Florida Department of Environmental Protection Bureau of Petroleum Storage Systems (MS/t4530) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Depa,tment of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 DEP Contract No. GC530, Attachment H1, Page 2 of 5 AGEN tT ' .o. SEP 1 2 2000 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2),' OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Circular A- 133, as revised, the recipient shall submit a copy of the reporting package descn%ed in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Grace Rivera, Project Manager Florida Department of Environmental Protection Bureau of Petroleum Storage Systems (M8~4530) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reporting packages required by PART H of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Grace Rivera, Project Manager Florida Department of Environmental Protection Bureau of Petroleum Storage Systems (MS~4530) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following acldr~s: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 /I Copies of reports or management letters required by PART I11 of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: SEP 1 2, 2000 DEP Contract No. GC530, Attachment HI, Page 3 of 5 Grace Rivera, Project Manager Florida Department of Environmental Protection Bureau of Petroleum Storage Systems (MS#4530) 2600 Blair Stone Koad Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Off.ice of Inspector General 2600 Blair Stone Koad, MS40 Tallahassee, Florida 32399-2400 Any reports, management letters, or other information 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, and Chapter 10.600, Rules of the Auditor General, as applicable. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three (3) years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, 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 designe~, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the DeparUnent of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GC530, Attachment HI, Page 4 of 5 AGE N.9~_ IT.~.i~ '~ .o. / ~ (~'~2,. SEP 1 2 200[ Z < ,,-, -.~ < .< ,,,% .< ,._ 0 .~ ~. Z SEP 1 2 200 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.753, "OTERO COMMERCIAL EXCAVATION NO. 4" LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH BY OIL WELL ROAD RIGHT-OF- WAY, ON THE WEST BY OCCUPIED LOT, ON THE SOUTH BY VACANT LOT, AND ON THE EAST BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. 59.753 for Otero Commercial Excavation No. 4 in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 41,477 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $7365.00 The breakdown is as follows: a) Excavation Review Fee- $850.00 b) Excavation Permit Fee - $189.00 c) Road Impact Fee- $6326.00 GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHAEOLOGICAL IMPACT: None EAC RECOMMENDATIONS: No EAC public hearing was required because of the size of the excavation. AGENDA ITE~ SEP 1 2 Pg._ [ CCPC RECOMMENDATIONS: No CCPC public hearing was required. PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.753 for Otero Commercial Excavation No. 4 with the following stipulations: The excavation shall be limited to a bottom elevation of 12;' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation depth of 6'below the dry season water table. 2. Off-site removal of material shall be limited to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5).No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. Groundwater shall not be pumped during the excavation. o Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. ~ If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. 11. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. Operation shall be limited to one year, with provision for a 1-year extension.t~o._.~ ~q SEP I 2 2000 (/~~/~~ S T E pH E"~S E rAi~ fl~, .... SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER /~ /~~" AICP ROI~ER~J. MULHERE, PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED/BY)~/ ~ COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE AC..~..NDA I'WJ,4 SEP 1 2 2000 Pg. ~ COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERS, HT APPLICATIONS LNVOL~NG OFF-SITE REMOVAL OF MATERIAL The intent o£these "Standard Conditions" are to provide excavation permit apphcants a summary o£ conditions which may affect their projects and which should be taken into consideration during all stages o£ project development: Haul mutes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector mad built to standards applicable to handle the resulting truck traffic. Where residential areas front collector wads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, sh:~il be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated mamdal should such removal create a hazardous mad condition or substantially deteriorate a mad condition; such acuon by the Transpo~on Services Adminiswation shall be subject to appeal before the Board of County Commissioners. Haul routes utiliz/ng public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 9 I-102 as amended Div. 3.5 and Right-of-Way Ordinance No. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road ~rnpact Ordinance). A traffic and road impact analysis shall' be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees m accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Tnmspomfion Services Admi~slzalion reserves the ri~t to establish emel~aa~ weigl~ limits on public roadways affected by the off-site removal of excavated m,m,~l; the procedure for establistmaent of weigh~ limits shall be the prese~t_~tion of an at~plicable r~oluli~ before the Bo~d of County Commi-*ionets. Should weight Hmits b~ ~ the permittee shall be respomfible to implemur meca'es to assm~ th~ all he~'y track loadings leaving the permit's property conform to the applicable weight restrictiota tm~al~s't~ of public ro~ ia ~ v~ith cutter ~ ~i~~ ~,,/~A 3 SEP 1 2 2000 Based on soil boring int'ormation per OrdNance No. 91-t02 as amended. a blasting permit may be appropriate. Should a blasting permit application be subrmrted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting penrot based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Ao Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Go Control of size/depth/number of charges per blast by the Development Services Director. The right of the County. to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in temps of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the T~rtation Serviee~ Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/2ad88 Revised 1/13/98 ^C,~.NOA iTEM' No. 2000 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.756. "STEVENS LAKE COMMERCIAL EXCAVATION" LOCATED IN SECTION 7, TOWNSHIP 49 SOUTH. RANGE 27 EAST; BOUNDED ON THE NORTH BY OCCUPIED LOT, ON THE WEST 21sT STREET SW. RIGHT-OF-WAY, ON THE SOUTH OCCUPIED LOT, AND ON THE EAST BY OCCUPIED LOT. OBJECTIVE: To issue Excavation Permit No. 59.756 for Stevens Lake Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 25,909 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $4946.00 The breakdown is as follows: a) Excavation Review Fee- $850.00 b) Excavation Permit Fee - $145.00 c) Road Impact Fee- $3951.00 GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORIC/ARCHAEOLOGICAL IMPACT: None PLANNING COMMISSION RECOMMENDATION: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.756 for Stevens Lake Commercial Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 15' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation depth of 6'below the dry season water table. Off-site removal of material shall be limited to 13619 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. Groundwater shall not be pumped during the excavation. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. 11. Operation shall be limited to one year, with provision for a 1-year extension. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. SEP 1 g 7.000 PREPA~ BY,,,,,", ?.;?/-~/ STE pHE N/S LycA[~ SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~/,ED~BY: ~ - ,, - VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE SEP 1 g gOOO COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting track traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommendell for approval, shall be so with the condition that the Transportation Services Administration reserves the dight to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated matedhal shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy track loadings leaving the permit's property conform to the applicable weight restriction. o The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two No. ~/ SEP 1 g 2000 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of 'approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: mo Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Go Control of size/depth/number of charges per blast by the Development Services Director. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.757, "JIM WEEKS COMMERCIAL EXCAVATION, NW CORNER DESOTO & 29TH" LOCATED IN SECTION 21, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH BY VACANT LAND ZONED ESTATES, ON THE EAST BY DESOTO BOULEVARD, ON THE SOUTH BY 29TM AVENUE NW, AND ON THE WEST BY VACANT LAND ZONED ESTATES OBJECTIVE: To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, NW comer, DeSoto and 29th, Tr 120, U 67" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 1.88 acres (+/-) to a depth of 20(+/-) feet. The resultant 29,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation should be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1025.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $, 145.00 $ 995.00 TOTAL FEES A security in the amount of $10,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $4300. GROWTH MANAGEMENT IMPACT: None. SEP 1 2 7.0o[ /- Pg. ENVIRONMENTAL ISSUES: There is a possibility that the City of Naples wellfield approximately one mile to the southwest may be substantially lowering dry season water tables in this area. Lakes like this, that are not retention areas, buffer that impact by storing more water than an equivalent amount of ground would store. The lake will be excavated into sand, so no blasting will be necessary, and no penetration of confining layers will happen. The petitioner requested a depth of 14 fl. Staff is recommending that the petitioner excavate to 20 ft if possible without blasting to maintain water during the dry season. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required. PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.757 to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, NW Comer, DeSoto and 29th" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. 3. Dewatering is not allowed. 4. No blasting will be permitted. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. No Excavation Permit shall be issued until all impact fees have been paid. 2 AGE A SEP 1 g 200 Pg. PERMIT NO. CATEGORY: COLLIER COUNTY APPLICATION FOR EXCAVATION PERMIT ORDINANCE NO. 92-73 PRIVATE CONIMERC~ DEVELOPMENT NONREFUNDABLE APPLICATION REVIEW FEE: PRIVATE ($85.00) COMME. RC~,AL ($~50.00) ~ .~ <"-C, C.. DEVELOPMENT ($125.00) RECEIPT NO. ,-J~' ,~ L?:_7 (. PERM1T FEE RECEIPT NO. 2. 3. 4. 6. 7. 8. 10. 11. 12. *a) b) c) .(I, ndicat~ exactly as Recorde~i) , - 7/ o N~e of ~cava~r: _~ ~ ~ ~afionof~vafi~: Section ~/ , To~Mp ~ S., ~y ~t~f-Way ~~ A~ ~d ~ch WoMd ~ ~~ ~lic or ~m) Yes ~ No ~ If yes, show on s~. Ra~se ~ E. Purpose of Excavation: /Z~,~ef/~ Intended Use of Material to be Excavated Proposed Excavation Size: Surface Ar~a: /. ~"~' Acres; Depth: /~/' Feet; Quantity: ~.-~. 9o9 C.Y. The following information is to be submitted with application: (a) ' Attachment 'A" prepared by a surveyor or engineer registered in the State of Florida showing all information required in Section 3.5.6 of Ordinance. Attachment 'B" - List of names and addresses of nearby property owners as required by Section 3_5.6.1.3.4 of the Ordinance, for commercial applications. (c) Attachment "C* - Evidence provided by applicant relating to Section 3.5.5.4.5 of the Ordinance I have read Ordinance No. 92-73, Division 3.5 and agree to conduct the excas accordance with the Ord~mance and.all County and State Codes and Laws. Signa ,tu~ of Property Owner*/Agent**/Excavator** If owner is land trust, so indicate and name beneficiaries. SEP 1 g 20 If owner is corporation other than public corporation, so indicate and name officers and major stockholders. If owner is parmership, limited partnership or other business entity, so indicate and r~?ne principals. If the application is made by any person or firm other than the owner of the property~nvolved, a dd~ AGEN IT M, . EP 1 ~ ZOO( PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VIN(~ENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. DATE 3 ~ No. /~ ./~) SEP 1 2 ZOOi Pg. EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO SET A PUBLIC HEARING DATE FOR NOVEMBER 28, 2000 FOR CONSIDERATION OF A PROPOSED DEVELOPMENT OF REGIONAL IMPACT AND DEVELOPMENT ORDER FOR PETITION DRI-99-3. OBJECTIVE: To set a public hearing date for the Board of County Commissioners to consider Petition DRI-99-3, the Collier County Government Center for the purposes of approving a revised plan of development. CONSIDERATIONS: On or about August 15, 2000, the Southwest Florida Regional Planning Council acknowledged that the application for a Development of Regional Impact (DRI)/Application for Development Approval (ADA) contains sufficient information for review and evaluation. The purpose of this request is to set a public hearing date for the Board of County Commissioners to consider Petition DRI-99-3, the Collier County Government Center DRI. The DRI is a combination of existing and proposed government office space. At the date of filing, there currently exists 537,572 square feet of office space with a project'build-out in the year 2012 with an increased size of 996,799 square feet of office space. Compliance with Chapter 380.06(1), Florida Statutes, requires that local government give notice and holds a public hearing on the DRI application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance. The public hearing notice is required to be published at least 60 days in advanced of the hearing. As a result, staff requests the public hearing date to be set for November 28, 2000. Given the limited scope of this public hearing item to set a public heating date for the DRI, thi~ petition has been placed on the summary agenda. FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management generated by this Executive Summary. STAFF RECOMMENDATION: That t. he Board set a public hearing date for November 28, 2000 for consideration of a proposed development order for a Development of Regional Impact for Petition DRI-99-3. 3_ AGEI~OA I~T~M ~ -- SEP 1 2000 PREPARED BY: ROBE~RE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT ? APPROVeD/BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. b]~TE ~' DATE DATE DATE DRI-99-3 EX SUWIMARY/RVB/rb 2 SEP 1 2 2000 EXECUTIVE SUMMARY AWARD OF RFP 00-3088 AND APPROVAL OF CONTRACT TO PROVIDE INDEPENDENT LEGAL COUNSEL FOR THE COLLIER COUNTY CODE ENFORCEMENT BOARD. OBJECTIVE: Award of RFP 00-3088 and approval of contract to provide independent and comprehensive legal counsel for the Collier County Code Enforcement Board. CONSIDERATION: It has previously been established by the County Attorney that the Code Enforcement Board, to prevent conflict of interest, requires separate legal representation from the counsel serving for the Board of County Commissioners. As a result, the Code Enforcement Board contracts with an independent firm to provide this service for a specific period of time. The current contract was due to expire on August 4, 2000, but has been extended by the Purchasing Department until a new contract becomes effective. Accordingly, the Purchasing Department issued RFP 00-3088 on June 14, 2000, to solicit these services for the Code Enforcement Board. Notices were distributed to 25 firms. Proposals were received from two firms. A selection committee made up of staff and members of the Code Enforcement Board reviewed the proposals and recommends the contract be awarded to M. Jean Rawson, PA. This firm has been serving as counsel to the Code Enforcement Board for the last two years and has demonstrated superior skills and professionalism in their work. Ms. Rawson is very familiar with the policies and procedures of the Code Enforcement Board and her continued affiliation would ensure efficient and timely service. The contract would initially be in effect for a period of two years with an option for two additional one year renewals. FISCAL IMPACT: Funds have been budgeted in MSTD General Fund in the amount of $15,000.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board award RFP 00-3088 as recommended herein for legal services for the Code Enforcement Board and authorize the Chairman, on behalf of Collier County, to sign a standard County approved contract with M. Jean Rawson PA, pending legal review from the County Attorney. No. lug' I~ 7 SEP 1 2 2000 SUBMITTED BY: REVIEWED BY: APPROVED BY: Michelle Edwards Arnold, Director Code Enforcement Department ~ ';_: :,, ,'~4c-~_~.~ ,. Date: Gwen Butler, Acting Director Purchfising Department /;7 ~/~~~ ' ~-' Date: ~i~cent ~. Cautero, AICP Comm. Dev. & Environmental Division Administrator Date: From-Collier County Purchasing 941 732 0844 %840 P DO1/001 TABULATION FO]~ RFP # 00-3088 "Independent Legal Connsel for Code Enforcement & Nuisance Abatement Board" DATE OF RFP ADVERTISEMENT: June 14, 2000 F-?4B RFP DUE: July 7, 2000 ~_~ 3:00 pm NO. OF INQUIRIFS SENT: 25; VENDOI~S REQUESTED FULL PACKAGE: 5 i '' ' I '' ~ '' '' ' ' ' ' ' ' ' ', ' '. I 4-fi ~ I '-t-'-ff'q I 't ': I J : ',',l'11JllllJ;,,, II, ....' .........',~ City, _State ..... Original + 6 Copies Naples, FL X Yes No Naples, F.L X Yes No Proposer M.Jean Rawson PA P,.oetzel &Ar~clress Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No K~lsey Ward O~ened by . · Do i~a~il 'haman "NON-PROPOSAL" RESPONSES RECEIVI~D FROM: VENDORS AGEN~ ITEJ~ SEP 1 2000 Pg. ~ EXECUTIVE SUMMARY APPROVAL OF A BUSINESS MANAGER POSITION IN THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION OBJECTIVE: To provide a mechanism for a thorough review and analysis of all financial transactions and accounting procedures on a continuing basis in the Community Development and Environmental Services Division. CONSIDERATION: The Community Development and Environmental Services Division staff currently assesses and collects millions of dollars each fiscal year in permit revenue. Additionally, the staff, as of June 1 collects millions of dollars in impact fee revenue after assessments are complete and administers multi-million dollar grants. However, no single staff member is responsible to monitor these activities collectively to assure that proper fiscal and accounting procedures are in place. Each Department is left to monitor these activities on their own without adequate oversight to provide for checks and balances. After discussions with the County Manager and the Finance Director, a joint decision was made to prepare, for the Board's consideration, the hiring of a Business Manager to perform these duties. A job description is attached. The Community Development and Environmental Services Administrator will invite the Finance Director and the Budget Director to participate on the interview panel if this position is approved. FISCAL IMPACT: The hiring of a Business Manager will cost $80,000 in salary, benefits, and associated costs e.g. office furniture, equipment. Funds are available in the Community Development Fund to absorb this impact. This is a reoccurring cost that will be budgeted annually if approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. However, the 'Business Manager will assist staff in carrying out various tasks that are associated with implementation of the Growth Management Plan which will hopefully lead to greater efficiency. RECOMMENDATION: That the Board of County Commissioners approve the position of Business Manager in the Community Development and Environmental Services Division. PREPARED BY: ~ Date: ~'/ ~ ~,;_&-~ Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services Division APPROVED BY:'~ Tho~'~)'. ~)'~ff,~anager Date: SEP 1 g 2000 DRAFT COLLIER COUNTY BUSINESS MANAGER Proposed Pay Range 118 $42,115 - 67,384 DEFINITION To oversee implementation of fiscal operations in the Community Development and Environmental Services Division (CDES); to review all fiscal and accounting procedures in the Division involving, but not limited to, cashiering, assessment of all permit and impact fees, grants, and special tax dollars; provide a variety of technical tasks related to the Division's accounting business, and financial transactions; and assist the Division Administrator in preparing the Division's annual budget. SUPERVISION RECEIVED AND EXERCISED Receives general direction from the Community Development and Environmental Services Administrator. ESSENTIAL FUNCTIONS 1. Review all fiscal and accounting procedures in the Division including, but not limited to, cashiering, assessment of all permit and fees; grants; and special tax dollars. 2. Inventory and review the business management support functions of the Division and make recommendations on implementation procedures, analor change thereto, . to the CDES Administrator. 3. Assist the Division Administrator and senior staff in preparing the annual Division budget. 4. Provide Department Directors and office managers/coordinators with guidance on revenue and fiscal operations. 5. Review and recommend funding for projects and programs; review and recommend revisions to County Ordinances and policies; assist in short and long term financial planning. 6. Provide information to the public. 7. Prepare financial and administrative reports as necessary. 8. Coordinate with the County's Internal Auditor on all audits involving the Division. 9. Assist in the preparation of Executive Summaries as necessary. 10. Assist all employees and committees in the Division involved in fiscal operations and amendments thereto. 11. Develop internal fiscal controls and policies and procedures. 12. Formal presentations to the BCC and committees, boards, commissions, etc. as necessary. MARGINAL FUNCTIONS 1. Assist those contacted in the course of duty in an effective, efficient, and professional manner. 2. Perform related duties as assigned. AGENDA I~'F.. M No. /,~/.,,~1 ~ SEP i g 000 Collier County Business Manager (Continued) DRAFT QUALIFICATIONS Knowledqe of: Principles and practice of governmental financial management Government accounting and budgeting Laws, rules, regulations, and procedures applicable to County financial management Ordinances, laws, and regulations pertaining to financial operations of the County Ability to: Develop and install sound reporting, accounting and related financial systems and procedures. Interpret and apply local ordinances and procedures and appropriate state and federal laws, codes and regulations. Analyze situations, identify alternative solutions, make projections and implement recommendations in support of goals. Assist consultants and staff in the preparation of fees, rates, and impact fee ordinances. Identify and respond to public and Board issues and concerns. Deal tactfully and effectively with other County employees, County officials, and the general public. Communicate effectively, both orally and in writing, including preparing written reports and memoranda and speaking in public. Prepare budgets. Properly interpret and make decisions in compliance with laws, regulations, and policies. Work independently while still working as part of a team. Operate a computer efficiently. Prepare and analyze complex financial reports. EXPERIENCE AND TRAINING Any combination of experience that would likely provide the required knowledge is qualifying. A typical way to obta/n the knowledge and abilities would be: Experience Five years of increasingly responsible professional experience in fiscal management, local government accounting, and/or budgeting. TraininR Bachelor's degree from an accredited college or university with major course work in business or public administration, finance, or closely related field. Additional education and/or certifications i.e. Masters Degree, CPA, etc., are desirable, but not mandatory. No, /~ ~ ~'7.! C SEP 1 g 200[ EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR ECKERDS AT GALLERIA OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Eckerds, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on May 19, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities.Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. B501645, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water. and sewer facilities will be paid by monthly user revenues. GROWTH ~AGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. S EP I 2000 Executive Summary Eckerds @ Galleria Page Two ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None EAC RECOMMENDATION: None CCPC RECOMMENDATION: None RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Eckerds, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix, Engineering Technician II Engineerisg Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date Roe t~ICP Planning Services Department Director · APP~~.BY: ~ ~in~au~tCro, ~ AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date attachments DEPARTMENT~PROJECTS~7657-ECKARDS NAPLES~7657WTRSK.DWG SKETCH TO ACCOMPANY DESCRIPTION N.89'28'01 "E. 20.00' S.89'28'01 "W. 5.00' -~ S.00'51 '59"E, 5.62' ~ 5.89'28,'01 "W. 15.O0' S.89'38'54"W. NORTHERLf R.O.W. LINE --~ VANDERBILT BEACH ROAD (160' WIDE PUBLIC R.O.W.) P.O.B. SEP 1 2 ZOO0 Pcj. ~,~ LEGEND P.O.B. P.O.C. R.O.W. C.R. 'NT~ENATiCSA' " AmSouth Bank AMSOUTH BANK TAMPA, FLORIDA U.$.A~ {PLEASE DIRECT ALL CORRESPO~m~°~JS~'~DRESS INDICATED IN TEXT BELOW) THE BOARD OF COUNTY COMMI$SIONERS~ COLLIER COUNTY COLLIER COUNTY, FLORIDA (~EREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA Birmingham: TELEX: 6827189 Cable: AMSOUBKBHM S.W,I,ET, AMSB US 44 Mobile: TELEX: 6821116 Cable: AMSOMBL S.W,I,ET. AMSB US 44 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER B501645 DATED APRIL 15. 1999 IN YOUR FAVOR AT THE REQUEST OF PELICAN BAY DEVELOPMENTS, III, LC 24840 BURNT PINE DRIVE-SUITE 2 BONITA SPRINGS, FL 34134 (HEREINAFTER "APPLICANT") FOR UP TO THE AGGREGATE SUM OF U.S. DOLLARS 12,686.80 (TWELVE THOUSAND SIX HUNDRED EIGHTY .SIX 80/100) AVAILABLE BY YOUR DRAFT(S) AT SIGHT DRAWN ON AMSOUTH BANK. TAMPA, FLORIDA AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: BENEFICIARY'S SIGNED STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER STATING: "WE CERTIFY THAT PELICAN BAY DEVELOPMENTSt III. LC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN WATER AND SEWER FACILITIES IMPROVEMENTS AS SHOWN ON THE PLANS FOR VAnDERBIlT ECKERD~ OR A FINAL INSPECTION SATISFACTORY TO TO COLLIER COUNTY ORDINANCE NO. 97-17, AS AMENDED, HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." PARTIAL DRAWINGS ARE PERMITTED. DRAFT(S) DRAWN HEREUNDER MUST BE MARKED "DRAWN UNDER AMSOUTH BANK, TAMPA, FLORIDA STANDBY LETTER OF CREDIT NUMBER B501645 DATED APRIL 15, 1999." ANY DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE PRESENTED TO: AMEOUTH BANK, 1900 FIFT~ AVENUE NORTH, BIRMINGHAM, AL 35203 ATTN: INTERNATIONAL SERVICES ON OR BEFORE APRIL 15, 2000. THIS LETTER OF CREDIT IS IRREVOCABLE FOR ONE YEAR FROM DATE OF ISSUE, HOWEVER, IT WILL BE AUTOMATICALLY RENEWED WITHOUT AMENDMENT FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, UNLESS AT LEAST SIXTY (60) DAYS PRIOR To THE INITIAL EXPIRATION DATE OR ANY SUCCESSIVE EXPIRATION DATE THE ISSUING BANK GIVES THE ***CONTINUED ON NEXT PAGE*** Am$outh Bank International Services Birmingham: TELEX: 6827189 Cable: AMSOUBKBHM S.W.I.K-I'. AMSB US 44 Moblie: TELEX: 6821116 Cable: AMSOMBL S,W,I.F:T. AMSB US 44 PAGE 2 LETTER OF CREDIT NC.. B501645 BENEFICIARY NOTICE BY REGISTERED LETTER TO THE ADDRESS ABOVE TEAT THE ISSUING BANK ELECTS NOT TO HAVE THIS LETTER OF CREDIT RENEWED FOR SUCH ADDITIONAL ONE YEAR PERIOD. ANY DRAFT DRAWN UNDER THIS CREDIT MUST AT THE TIME OF NEGOTIATION BE ENDORSED ON THE REVERSE SIDE OF THIS FORM AND THE PRESENTATION OF ANY DRAFT SHALL BE A WARRANTY BY THE NEGOTIATING BANK Ti{AT SUCH ENDORSEMENT HAS BEEN MADE. THIS CREDIT MUST BE ATTACHED TO ANY DRAFT WHICH IS PRESENTED DIRECT TO US. ALL BANK CHARGES OTHER THAN THOSE OF THE ISSUING BANK ARE FOR ACCOUNT OF THE BENEFICIARY. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE [SSUER°S UNDERTAFING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT. INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. WE HEREBY ENGAGE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT DRAFTS DRAWN STRICTLY IN COMPLIANCE WIT~ THE TERMS OF THIS CREDIT AND AMENDMENTS SHALL MEET WITH DUE HONOR UPON PRESENTATION. THI~CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS & PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. T~OR I ~E-D- S I GNATURE AGE ND~vlTE¥~I ~ NO. ~ $EP 1 2000 , Pg, ~'~ EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CARLTON LAKES, TRACT E OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Carlton Lakes, Tract E, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 16, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $7,754.75, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH M~NAGEMENT I~ACT: This project has been connected to the County Regional Water Treatment ~Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. No. SEP I 2000 Executive Summary Carlton Lakes, Tract E Page Two ENVIRONMENTAL ISSUES: None HISTORICAL/A/~CHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None F2%C RECOMMENDATION: None CCPC RECOMMENDATION: None RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Carlton Lakes, Tract E, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix, Engineering Technician II Engineering Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager /z/m Date Ro4De~ Mulhere, AICP ~ Planning Services Department Director DaCe APPRO~Y: Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments No. ~/~'-" SEP 1 2, ZOO0 VICINITY MAP SEP i g 2000 "1~.~ ........ .......... ............... ......t,T-~"~. ~.~.~.~,.~, ,_~ ~..,_~ ~ ~ ... >:..::. ~.~'.~: :-,' : ~-~.'~ ~~s'~.:~'~ . . ~,c~.~ ~ '. .~ ~ ,. ,~ .' '~. 528659790 Date Pay to DEC the order of BOARD OF COLLIER COUNTY C~ISSIONERS.,,,,*,,,.,,,,,,,,. **,,,,,*,7.754.75 . SEVEN THOUSAND SEVEN HUNDRED F IF'[Y FOUR AND 75/]00,**,,,*,,***,.*,,,,,,*.,,,, Dollars ~ ~ - ~ ....... Issued Bv Integral Perruer Svs:ems Official Receipt - Collier County Board of County Commissioners CDPR1103 - O~cial Receipt , Trans Number ~ Date i Post Date Payment Slip Nbr 108905 ', 12/18/1998 2:59:37 PM I, 12/18/1998 MS 46638 CARLTON LAKES, TRACT E Payor ' N T CDEV Fee Information Fee Code ! Description ~, GL Account Amount Waived 12BOND i DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 $7754.75 Total $7754.75 Payments Payment Code ', Account/Check Number I Amount CHECK i 528659790 I $7754.75 Memo: Total Cash rt_ $0.00 ' Total Non-Cash i $7754.75 Total Paid t $7754.75 Cashier/location: FROLOFF E / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT SEP 1 2 2000 pg. ~ _ Printed:12/18/1998 3:00:12 PM EXECUTIVE SUMMARY FIN~tL ACCEPTANCE OF PUM~ STATION UTILITY FACILITIES FOR ROOKERY BAY OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the pump station facilities. CONSIDERATIONS: 1) The Developer of Rookery Bay, has constructed the pump station facilities within dedicated easements to serve this development. See attached location map. 2-) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 16, in accordance with Ordinance 97-17. 1999, 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The pump station facilities has been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. FISCAL IMPACT: The cost of operating and maintaining the pump station facilities will be paid by monthly user revenues. GROWTH M~NAGEMENT IMPACT: This project has been connected to the North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None SEP i 2 2000 Executive Summary Rookery Bay Page Two EAC RECOMMENDATION: None CCPC RECOMMENDATION: None RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the pump station facilities for Rookery Bay PREPARED BY: Shirley Nix, E/ngineering Technician II Engineering. Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date 'Ro~AICP Planning Services Department Director APP~~. ~ Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date attachments No. ,/~ ,~ SEP 1 2000 3,5 ~ Mariatee a -- __. ~ Coconut Palm Cir. /~ .. ~, Fid. Cecil Rd. SEP 1 ~ 2000 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TIMARRON UNIT ONE" OBJECTIVE: To grant final acceptance of "Timarron Unit One" CONSIDERATION: On June 12, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Timarron Unit One". o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None SEP 1 2 2000 r,g._ / Executive Summary Timarron Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Timarron Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsw6rth, Senior Engineer Engineering Review Date REVIEWED BY: ,~ Thomas E. Kuck, P.E. Engineering Review Manager Robert 4qulhere, AICP Planning Services Department Director APPR~~, ~i Vinceht A. Cautero, AICP, Administrator Community Der. and Environmental Svcs. Date D~at/~//rD Date j rh SEP 1 2 2000 L I PINE RIDGE VICTORIA PARK UNIT _$1T~ 1D~A?ION UNIT MON'I'.WREY LOCATION MAP SEP 1 2 2000 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 55 56 57 58 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN TIMARRON, UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 12, 1996 approved the plat of Timarron, Unit One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer 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 be granted for those roadway, drainage, water and sewer improvements in Timarron, Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: SEP 1 2 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK PHASE 2A, UNIT ONE" OBJECTIVE: To approve for recording the final plat of Fiddler's Creek Phase 2A, Unit One, a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Fiddler's Creek Phase 2A, Unit One" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat ~-'"Fiddler's Creek Phase 2A, Unit One" be approved for recording. of FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. SEP 1 2 2000 Executive Summary Fiddler's Creek Phase 2A, Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 2A, Unit One" with the following stipulations: 1. Authorize the recording of the Final Plat of "Fiddler's Creek Phase 2A, Unit One." PREPAID BY: John R. [{ouldsworth, ~enlor Engineer Engineering Review Date REVIEWED BY: Thomas ~. Kuck, P.E. Engineering Review Manager Date Robert Mu-i-h~-r-e-, AICP Planning Ser?ices Department Director / APPROVED./~_ .- Vincent A. Cautero, AICP Administrator Community Der. and Environmental Svcs. Date SEP 1 2 2000 ~,. ~ Nexlco MARCO ISLAN~ LOCATION MAP APPROVALS SEP 1 2 2000 ~...~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GREY OAKS I/NIT NINETEEN", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Grey Oaks Unit Nineteen", a subdivision of lands located in Section 25, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Grey Oaks Unit Nineteen" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of ~the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Nineteen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $353,234.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $132,025.60 - $221,208.90 The Security amount, equal to 110% of the project cost, is $388,557.95 SEP 1 2 2000 / Executive Summary Grey Oaks Unit Nineteen Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $6965.38 Fees are based on a construction estimate $353,234.50 and were paid in June, 2000. The breakdown is as follows: of a) Plat Review Fee ($425.00 + $4./ac)- $ 520.08 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 660.13 Drainage, Paving, Grading (.42% const. est.)- $ 929.08 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1980.38 Drainage, - $2875.71 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: None HISRORICAL/ARCHEOLICAL IMPACT: None EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Grey Oaks Unit Nineteen" for recording with the following stipulations: Approve the amount of $388,557.95 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and SEP 1 2 2000 Executive Summary Grey Oaks Unit Nineteen Page 3 a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Robert Mulhere, AICP Planning Services Department Director APPROVED~ BY: Vinc ro, AICP, Administrator Community Development & Environmental Services Date Date j rh SEP 1 2 2000 GOLDEN SEP 1 2 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLA VISTA AT GREY OAKS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Isla Vista at Grey Oaks", a subdivision of lands located in Section 25, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Isla Vista at Grey Oaks" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement ~-'~or Subdivision Improvements, shall be provided and accepted by the 31arming Services Director and the 'County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Isla Vista at Grey Oaks" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $475,665.52-(estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $106,457.92 b) Drainage, Paving, Grading - $369,207.60 The Security amount, equal to 110% of the project cost, is $523,232.07 No. /(~ jr-T/,.,,' SEP 1 Executive Summary Isla Vista at Grey Oaks Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $8956.53 Fees are based on a construction estimate of $475,665.52 and were paid in June, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 477.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) $ 532.29 Drainage, Paving, Grading (.42% const. est.)- $1550.67 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1596.87 Drainage, - $4799.70 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Isla Vista at Grey Oaks" for recording with the following stipulations: Approve the amount of 523,232.07 as performance security for the required improvements. 2. Approve the standard form Agreement, and Construction and Maintenance Executive Summary Isla Vista at Grey Oaks Page 3 a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John~R. 'Houlds~orth, Senior Engineer Engineering Review REVIEWED BY: /' Thomas E. Kuck, P.E. Engineering Review Manager Date Date ~obe4~t- Mulhere, AICP Planning Services Department Director APPROV~D//BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date j rh SEP 1 ?.000 LEGAL DESCRIPTION C)F- I ,~ kin IZ)l A TTi AGEN IT~ ~ ~.-,- ~o. E~/,,,~ SEP ]. ~ 2§OO EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CARLTON LAKES UNIT NO. 3A", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Carlton Lakes Unit No. 3A", a subdivision of lands located in Section 19, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Carlton Lakes Unit No. 3A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost ~-'of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Carlton Lakes Unit No. 3A" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $428,609.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $138,176.00 - $290,433.33 The Security amount, equal to 110% of the project cost, is $471,470.26 SEP 1 2 ooo ,,g. / Executive Summary Carlton Lakes Unit No. 3A Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $8275.97 Fees are based on a construction estimate of $428,609.33 and were paid in April, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 517.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) $ 690.88 Drainage, Paving, Grading (.42% const. est.)- $1219.82 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $2072.63 Drainage, - $3775.64 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Carlton Lakes Unit No. 3A" for recording with the following stipulations: Approve the amount of $471,470.26 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP I g 000 Executive Summary Carlton Lakes Unit No. 3A Page 3 PREPARED BY: John R. HouldsQ0rth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Rob~r~ Mulhere, AICP Planning Services Department Director APPRO ~ .BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Dane j rh COllIER COUNTY '~' ,SITE ( .CWNTY .OAD PARK I LOCATION MAP ;'E"~'.~ONSEN T FLORIDA )F COLLIER SEP i 2 2.000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GREY OAKS UNIT EIGHTEEN", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OP THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Grey Oaks Unit Eighteen", a subdivision of lands located in Section 24, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of th~ construction drawings, specifications, and final plat of "Grey Oaks Unit Eighteen" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining ~-':.mprovements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Eighteen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $341,731.90 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $-0- b) Drainage, Paving, Grading - $341,731.90 The Security amount, equal to 110% of the project cost, is $375,905.09 AG EN D~,~TE~ No. /~' SEP 1 2000 . , _ Pg'__ / Executive Summary Grey Oaks Unit Eighteen Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $6308.90 Fees are based on a construction estimate of $341,731.90 and were paid in May, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 431.12 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) $ -0- Drainage, Paving, Grading (.42% const. est.)- $1435.27 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ -0- Drainage, - $4442.51 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Grey Oaks Unit Eighteen" for recording with the following stipulations: Approve the amount of $375,905.09 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. No. /C/~ /'/- /7 SEP 1 ZOO0 Executive Summary Grey Oaks Unit Eighteen Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director APPROVED BY: / Vincent A. Jgaute~, , Administrator Community Development & Environmental Services ,q.%l .o~ Date Date Date Date j rh AGEND~ITE~ ' ,o. ! ,~ (,,-,1, SEP 1 2 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GREY OAKS UNIT S~VENTEEN", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Grey Oaks Unit Seventeen", a subdivision of lands located in Section 24, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the ~construction drawings, specifications, and final plat of "Grey Oaks Unit Seventeen". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of ~"the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Seventeen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $359,679.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 51,463.60 - $308,215.40 The Security amount, equal to 110% of the project cost, is $416,310.40 (includes City of Naples Water distribution system). SEP 1 2 -000 Executive Summary Grey Oaks Unit Seventeen Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $6764.81 Fees are based on a construction estimate of $359,679.00 and were paid in May, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 434.24 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 257.32 Drainage, Paving, Grading (.42% const. est.)- $1294.50 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 771.95 Drainage, - $4006.80 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the B©ard of County Commissioners approve the Final Plat of "Grey Oaks Unit Seventeen" for recording with the following stipulations: Approve the amount of $416,310.40 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SE P 1 2 Executive Summary Grey Oaks Unit Seventeen Page 3 PREPARED BY: John R. Houlds~w69th, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Ro Mulhere, AICP Planning S..e/rvices Department Director / Vincent A. Cautero, AICP, }fd~inistrator Community Development & Environmental Services Date ? Date Date Date j rh AGE NDJ¥1~T E ~.~ / SEP 1 g ~oo0 LOCATION MAPS L r/ PARKWAY SEP i g ?_000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "INDIGO LAKES UNIT THREE" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Indigo Lakes Unit Three", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Indigo Lakes Unit Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of ?'~the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Indigo Lakes Unit Three" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $304,262.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $133,546.60 - $170,715.90 The Security amount, equal to 110% of the project cost, is $334,688.75 ?!$EP 1 2 2000 Executive Summary Indigo Lakes Unit Three Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $6,111.31 Fees are based on a construction estimate of $304,262.50 and were paid in May and September, 1999, as part of the Indigo Lakes Unit One submittal. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 504.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 667.73 Drainage, Paving, Grading (.42% const. est.)- $ 717.07 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $2003.20 Drainage, - $2219.31 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: None HISRORICAL/ARCHEOLICAL IMPACT: None EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Indigo Lakes Unit Three" for recording with the following stipulations: Approve the amount of $334,688.75 (or as may be administratively reduced at the time of plat recording) as performance security for the required improvements. SEP 1 2 2000 Executive Summary Indigo Lakes Unit Three Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. P~PARED BY: o n . Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Robert Mulhere, AICP Planning Services Department Director Vincent A.~ Cautero, AIC~ministrator Community Development & Environmental Services Date Date j rh SEP 1 2 2000 RANGE 26 EAS 17 16 15 20 21 22 29 ~46 BILT BEACH SITE 52 55 34 ¢ 5 LOCATION 4 3 MAP NOT TO SCALE SHEET 14 13 25 24 IMMOKALEE RD. 26 25 T o 55 56 z o 1 ~: GOLDEN GATE BLVD 1 SEP I 2 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TIBURON BOULEVARD EAST EXTENSION", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Tiburon Boulevard East Extension", a subdivision of lands located in Section 36, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Tiburon Boulevard Extension" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Tiburon Boulevard Extension" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,177,900.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $672,725.00 - $505,175.00 The Security amount, equal to 110% of the project cost, is $1,295,690.00 AGE I 1 ;'ooo Executive Summary Tiburon Boulevard East Extension Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $22,836.53 Fees are based on a construction estimate of $1,177,900.00 and were paid in April and August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 693.00 b) c) Paving, Grading (1.3% const. est.) GROWTH M3~NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 3363.63 Drainage, Paving, Grading (.42% const. est.)-$ 2121.74 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $10090.88 Drainage, - $ 6567.28 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: None HISRORICAL/ARCHEOLICAL IMPACT: None EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Tiburon Boulevard East Extension" for recording with the following stipulations: Approve the amount of $1,295,690.00 as performance security for the required improvements. $Fp 1 Executive Summary Tiburon Boulevard East Extension Page 3 Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsg6rth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Ro AICP Planning Services Department Director APPROVED~: ~ Vincen~ A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date j rh No. ~~:~ .~. SEP 1 2 2000 Pg. N .T.S. NAPEl TIBURON PROJECT LOCATION PROJECT LOC.a SEP 1 g 200[ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "AUDUBON COUNTRY CLUB, UNIT THREE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Audubon Country Club, Unit Three", a subdivision of lands located in Section 8, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Audubon Country Club, Unit Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total ~--cost of the required improvements, and 100% of the cost of any ~emaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that the final plat of "Audubon Country Club; Unit Three" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $153,373.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $-37,511.00 - $115,862.00 The Security amount, equal to 110% of the project cost, is $168,710.30 SEP 1 2_000 p~. / _ Executive Summary Audubon Country Club, Unit Three Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3196.88 Fees are based on a construction estimate of $153,373.00 and were paid in May, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 477.00 b) c) Paving, Grading (1.3% const. est.) -~ GROWTh{ MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 187.56 Drainage, Paving, Grading (.42% const. est.)- $ 492.41 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 562.67 Drainage, - $1477.24 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: None HISRORICAL/ARCHEOLICAL IMPACT: None EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOM~4ENDATION: That' the Board of County Commissioners approve the Final Plat of "Audubon Country Club, Unit Three" for recording with the following stipulations: Approve the amount of $168,710.30 as performance security for the required improvements. SEP 1 ZOO0 Executive Summary Audubon Country Club, Unit Three Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R%~ AICP Planning Services Department Director APPROVED Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date Date Date j rh SEP 1 2000 ~S_IO AI LOCATED IT-v, FLORIDA. LEE COUNT ",,X.'.,=' ~ I> ~ . " '2 '~?,2 OF ... '0 S 9 '~ 4 3 2 i , lVANDE~BI4T ~9 3O 31 RD. 6 EXTt SEP 1 ~ ZOO0 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMEMDMENTS TO REIMBURSE COMMUNITY DEVELOPMENT FUND FROM IMPACT FEE REVENUES FOR ANNUAL COST OF IMPACT FEE ADMINISTRATION PROGRAM OBJECTIVE: To obtain Board of County Commissioners approval for budget amendments to appropriate funds in the various impact fee trust accounts to reimburse the Community Development Fund (113) for costs associated with impact fee administration.. CONSIDERATION: The Community Development and Environmental Services Division hired an Impact Fee Coordinator on September 1, 1999. For Fiscal Year 2000, the cost of the employee's salary and associated fringe benefits is projected to be $56,600. Operating costs for telephone system support, office supplies, and copying costs are projected to $500, for a total FY 00 program cost of $57,100. The position is funded 100 percent from impact fee revenue. The allocation of the cost borne by each impact fee trust account is based on the previous fiscal year's (FY 99) gross impact fee receipts. That allocation is broken down in the Fiscal Impact below. FISCAL IMPACT: The following is the allocation of the shared cost of funding the Impact Fee Administration Program for FY 00: Impact Fee Trust Account Amount % FY 00 Cost Amount Needed (Fund No.) Received in Share from Reserves FY 99 (Budget Amendment) Roads: N. Naples (331) $5,871,701 16.6% $9,500 $9,500 E. Naples/G.G City (333) $2,230,155 6.5% $3,700 $3,700 City of Naples (334) $836,929 2.3% $1,300 $1,300 S. County/Marco. Is. (336) $950,233 2.6% $1,500 $1,500 G.G Estates (338) $1,646,388 4.6% $2,600 $0 Immokalee Area (339) $126,199 0.4% $200 $0 Subtotal Roads: $11,661.605 33.0% $18,800 $16,000 EMS (350) $845,364 2.5% $1,400 $1,400 Library (355) $1,333,247 3.7% $2,100 $2,100 Regional Parks - Inc. (345)$1,214,805 3.3% $1,900 $1,900 Community/Reg. Parks (346) '$4,326,481 12.1% $6,900 $6,900 Correctional Facilities (381)$321,374 0.9% $500 $500 Water (411) $6,669,169. 18.7% $10,700 $10,700 Sewer (413) $9,253,342 25.9% $14,800 $14,800 TOTAL: $35,6~25,387100.0% $57,100 $54,300 SEP 1 2000 FISCAL IMPACT (Continued): A total of $57,100 is needed. Funds in the amount of $2,800 are alread) budgeted. Budget amendments totaling $54,300 are required in order to appropriate all the needed funds. Funds are available in Reserves of the applicable impact fee trust accounts in the amounts indicated above. The source of funding is impact fees. GROWTH MANAGEMENT IMPACT: The Impact Fee Administration Program assures prompt and complete collection of all County impact fees. which is critical to the funding of capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the necessary budget amendments. SUBMITTED BY: REVIEWED BY: APPROVED BY: 'Philii~. Tind~lk Impact Fee Coordinator / ,/ ,~ '"~7~- ,:' 5~ ~_ Date: ~ -3d'--o c. Judy Miller, Revenue Mana~r ..- :;~/ Date: Vincent A. Career07 AICP, Administrator Community Development & Environmental Se~ices Division SEP 1 ~ 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION TO CORRECT THE BOUNDARIES OF THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA DUE TO A SCRIVENER'S ERROR. OBJECTIVE: To have the Board of County Commissioners approve a resolution to correct the Bayshore/Gateway Triangle Redevelopment area boundaries due to a scrivener's error. The current boundary includes one parcel that is located within the Naples City limits. By approving this resolution this parcel will be deleted from the boundary. BACKGROUND: On March 14, 2000 the Board of County Commissioners approved Resolution 2000-82 that identified the boundaries of the Bayshore/Gateway Triangle Redevelopmefft area. Due to a scrivener's error one parcel that was annexed into the city in January 1999 was included into the redevelopment area boundaries. It was not the intent of the redevelopment program to include any parcels currently within the city limits. CONSIDERATIONS: With the adoption of this Resolution, the Board of County Commissioners will amend the Bayshore/Gateway Triangle redevelopment area to reflect the correct boundaries as intended in the redevelopment plan that was adopted by the Board on June 13, 2000. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. ENVIRONMENTAL ISSUES: Not Applicable HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: The Board approve this Resolution to corrrect the boundaries of the Bayshore/Gateway Triangle Redevelopment Area. EAC RECOMMENDATION: Not Applicable CCPC RECOMMENDATION: Not Applicable 1 SEP i g 2000 / _ PREPARED BY: ~SEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION August 24, 2000 DATE STAN LITSING~, AICP~/ COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED/fBY: /Z VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE DATE -2- No. / ~ ~ $EP 1 g 2.000 _ ~ EXECUTIVE SUMMARY APPROVAL OF ADDITIONAL TECHNICAL WORK TO BE PERFORMED BY RICHARD TOMASELLO, P.E., IN REVIEWING THE FLOOD INSURANCE RATE MAP REVISIONS (FIRMS) PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) OBJECTIVE: To assure that the revisions to the FIRM's are accurate. CONSIDERATION: The Board of County Commissioners, in conjunction with the Cities of Everglades, Marco Island, and Naples, agreed to employ Richard S. Tomasello, P.E., of Jupiter, FL on September 15, 1999 to conduct a technical review of the revisions to the FIRM's produced by FEMA. These governmental agencies agreed to hire Mr. Tomasello based upon the findings of a Technical Review Team and the County's Development Services Advisory Committee (DSAC) that the data and models employed by FEMA's technical experts may not be accurate. The initial phase of Mr. Tomasello's work cost $30,000. This cost was split between the County ($12,500), the City of Naples ($12,500), and the City of Marco Island ($5,000). Mr. Tomasello presented his findings to the elected and appointed leaders of the jurisdictions mentioned above on February 14, 2000. At this meeting, the Board of County Commissioners accepted Mr. Tomasello's findings and agreed to allow him to run additional models for analysis of the Golden Gate Estates area. Since that meeting Mr. Tomasello has refined his proposal for additional study and submitted a revised proposal to staff via the City of Naples/Collier County Floodplain Management Coordinator. Mr. Tomasello's proposal is attached. He is requesting $20,000 for Task 1, which consists of the Coastal Flood Elevation Determination, and $50,000 for Task 2 which is the Golden Gate Estates Riverine Flood Study The County's share of funding for Task 1 is undetermined since it includes portions of the cities. Thus, it will be no greater than $20,000. FISCAL IMPACT: The cost is a maximum of $70,000 depending upon the County's pro rata share of Task 1. As with Phase 1, funds should be expended from the Community Development Fund. The DSAC recommended that these funds be utilized for this study. If approved, staff would revise the Current Service Budget for FY 2001. AGE NgAtdTE,M/i~ SEP 1 g ZOOO P{I. / GROWTH MANAGEMENT IMPACT: Accurate floodplain information is vital for land use planning purposes, emergency management planning, preparing recommendations on intensity and densities of various types of construction, effective stormwater management, and protection of natural resources. RECOMMENDATION: That the Board of County Commissioners approve additional tasks to be performed by Richard S. Tomasello, P.E. - a pro rata share of the Coastal Flood Elevation determination - not to exceed $20,000 and the Golden Gate Estates Rivefine Flood Study - not to exceed $50,000. PREPARED BY:" ~'-~ ~f'/'//' &~;~~ Date: Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services REVIEWED AND APPROVED BY: Thc~n-~s ~'~. ~3-Tliff, Cou~anager Date: AGEN ~, IT~,'I~ ,,), SEP 1 g 2000 Tomasello Consulting Engineers, 5906 Center Street, Jupiter, Florida 33458 Phone 56%575-3910 Fax 56%744-1865 dixJetom~aol.com Robert Devlin City of Naples/Collier County 735 Eight Street, North Naples, Florida 34102 August 14, 2000 Inc. AUG 2 2 2000 RE: Collier County/City of Naples/City of Marco Island - FIRM Revisions .,Dear Bob, Based on the Collier County, Cities of Naples and Marco Island resolution on February 14, 2000, and the FEMA verbal acceptance of the SHEET2D model, and the additional information provided concerning of the Coastal Flood Study, Tomasello Consulting Engineers, . Inc. (TCE) proposes the following scope of work: SCOPE OF WORK Task 1 Coastal Flood Elevation Determination TCE will continue to review and provide technical analysis (including wave setup, storm probabilities, and wave height analysis) of additional information provided by FEMA and their contractors and provide responses concerning the proposed flood insurance map revisions. TCE will participate in the necessary meetings and conference calls in an attempt to resolve differences. Task 2 Golden Gate Estates Rivefine Flood Study TCE will provide the professional engineering services as necessary to perform a hydrologic/hydraulic model flood study to generate flood elevations and draR maps in accordance with FEMA criteria. TCE will gather all the pertinent existing cross sections, topography, hydrologic parameters and historic flood elevations required for model setup. TCE will perform the modeling using the 2-dimensional flood routing model, SHEET2D, which has been accepted by FEMA based on the SFWMD usage, testing and acceptance of the model. The flood frequencies will be based on SFWMD rainfall frequencies and average wet season water table conditions. Task 1 Task 2 FEES Time and Cost not to exceed $20,000.00 Senior Engineer ~ $100.00/hr Tech/draftsman ~ $50.00/hr Lump sum $50,000.00 SEP 1 2 200( Bob Devlin August 14, 2000 Page 2 If this proposal is acceptable to you, please sign both and return one to this office. Sincerely, RST/dt Richard S. Tomasello, P.E. Signed by · Date: SEP I ~ 20~ March 27, 2000 Mr. Bvb D~lin Floodplain Management Coordinator City of~laples/Collier County 735 Eight Street, North Naplea, Florida 34102 RE: Dctcmination of New FEMA FIRM ~ood Elevations For Collle~ County. Florid& Incorporatext Area.~ Dear Bob, We are pleased to submit this proposal tbr professional engineering servir, e.s to accomplish the scope of wutk described as follows. Task 1.2 Task. 1.] Task 2.1 Scope of Work Tomase]io Consulting Engineers, Inc. (TCE) w~11 make modificatiom to the stiJl · water 100-yea~' flood elevations including wave sctup accourtL~g for the portion of the wave's kinetic energy converted to potemis] energy. This compu[ation will be done in conjunction w~th new WHAFIS simulations accomplished by TCE, alon~ the previously determined FEMA wave tr~nsects and ~d~tlomd l~ansects where deemed nccessltty. TCE w~11 prepare a report summarizing the work accomplished ~nd will att~d meetLags necessa~'y with FEJVLA and local governments [o prese~ ~e methods and results (assumed two mc~ings). The results or' the WHA~IS simulations will be used by TCE to geecrate a a~v .....:: .... set of draft FtRM's for the coastal regions of Collier County, d~e City of Naples, Marco tsland, and Ever~|ades C:ity. TCE will prepare a two dimcnsionU model that wi~ be used ia coa'jtmcfion .with ' -...'. ......::?.' ' the $FWIvfD S~RqvLM ~nd I. THET rnode[i to detetmiae the tO0~.ye~r · elevations for Golden Gates ~statea. T~e two dimensional .modal ~ ~,l~ow for..: .~.~i.7~.~i}?~.-ii.:.c- - .-. ..--......:. ?.. Mr. Bob L~¢vi~ Note: 'i'CE will bill tbr additional meetings b~ond the two proposed ia Task end 2.2 on a time and cost basis at the/bllowin$ rates: ' '!'eclVdral~ (.'~$ $ O/hr Milea~,e (~ .30/halle If this propo~l is acceptable to you, please sign both copies and r~nurn one. Siamrely, Richard S. Tomasello, P.E. Date: RS'I'/dl J Constantine: Because [ think that's what we're all asking for. We think we can do this in a more complete manner and more accurate manner and we just want to make sure that the Federal Government is on board working with us for the people of Collier County. Hathaway: The one thing I would mention hem is that when FEMA updates flood insurance studies, the methodologies that were in place back in :~984 the coastal hazard assessment methodologies have changed. A lot of information changed in 1988, there was a revision to the wave height analysis model, there was a regulatory program that identified the primary frontal dunes on the coast as being in the coastal high hazard area, there was storm induced erosion that had never been considered in the previous analysis, there was a detailed set of guidelines and specifications for doing the wave elevation determination and V zone mapping, which included looking at wave set up, so a lot of these improvements have been incorporated into this restudy and other restudies that are going on all across the state. The restudies in Florida right now include the Florida panhandle, Pinelias County, Lee County and Charlotte County are being restudied, Palm Beach County and Martin County have been restudied recenUy and St. _]ohn, just in Fiodda alone, so all these are standard methodologies that have been improved. Constantine: We just want to make sum, when you mention beach erosion, we've actually done beach renourishment in the past half decade so we want to make sure that's taken into account. The original studies didn't take in account over 300 miles of canals in Collier County, particularly eastern Collier County, so we want to make sure all the information is in them. Madame Mayor if I may, I would just like to poll the commission quickly and make sure there is support for recommendation heard today is far as moving ahead and trying to make sure as a group, and then ]~'m sure you'll want to your own, but at least from the commissioners, is there any objection from going ahead with the recommendations? We've got four all in favor of that. MacKenzie: not sure exactly who the Chairman of the Marco Island Council is. Soldenwagner: Well, ]~'m the vice chairman and ! have similar concerns that have been expressed here this afternoon and 1~ think [ can speak for the folks at least that are here that we would be MacKenzie: Soldenwagner: Do you want to poll your members, Mr. Soldenwagner? As anticipated it looks unanimous. MacKenzie: City Council? Would you like to proceed in partnership with the County and the City of Marco Island? Herms: And I'm assuming that we're all in our decisions here is to proceed to utilize the consultant to work the FEMA people to get a more realistic_ flood level Galleberg: Absolutely...that's the recommendation, yes. MacKenzie: Now, is there going to be an upside to the dollar limit that we're willing to go or are we just going to send Mr. Tomasello with the powers that be. -- AGENDA ITF. I~ No. SEP i 2 2000 3o Constantine: Obviously we'll have to is there's some exact expenditure that will need to go before all the appropriate bodies, but we have made some commitment in the past and unless its far out of line with what we've talked about in the past, then I don't anticipate a big problem there. Tarrant: Mayor MacKenzie make sure the record shows that for one, Fred Tarrant, does not subscribe to this gangster organization called FEMA. ! don't subscribe to Marxism or Leninism and ! don't want any part of this. ! think you're going in the wrong direction, you're caving in to big brother government, but you think you can't fight it and as long as you think you can't fight it, you won't fight it. ! want nothing to do with it. ! think its poison. Constantine: Saldenwagner: To the contrary, ! think what we're doing is trying to fight inaccurate information. I agree. MacKenzie: Is there anyone else on the City Council that wishes to join Mr. Tarrant? Herms: want to continue with the consultant and have these numbers reduced. MacKenzie: So we're looking'at a 6 - ~_. Okay. Mr. Mohlke, as a representative of Everglades City? Mohlke: MacKenzie: Mayor Hamilton from the beginning has been a supporter of the reevaluation and is pleased to support the consensus of the three bodies that have spoken today. Thank you. Mr. Devlin, what do we need to do now? AGE A I ~ SEP I ~ 2..000 Devlin: ! think the issue of Golden Gate Estates and SFWM needs to possibly be addressed. You have a representative here from SFWM, Ananta Nath, and !'d like to know what your comments might be regarding Mr. Tomasello's suggestions regarding your study. Nath' I'm personally involved in performing the study for Dewberry & Davis for about 183 miles of primary canals and we did first draft of it and provided it Mr. Tomasello and he reviewed it and we want to proceed with his recommendations and carry it forward. MacKenzie: Representative Goodlette, may we count on the good offices of your for cooperation? -- Goodlette: MacKenzie: Certainly, Madame Mayor. Is there anything you'd like to add? Goodmetre No, !'m listening and ! understand the direction that ! think your recommending and ! applaud you for it. MacIIvaine: !t seems to me that any study we do 'from now on which uses that formula that includes probability, we should attempt to use actual real life probability for the last 100 years on a location we're talking about which is Collier County. if it takes some sort of a theoretical probability and then apply that to our :!00-year history, ! think is incorrect. Our 100 year history is a real number and the probability is going to be a real number and ! think we should be encouraging FEMA to use real numbers rather than theoretical numbers which include Palm Be~ ~h ~nrl -- AGEN I E ~ SEP 1 8 2.00[ 32 parts of the country where the hurricanes come in from the windward side. Were on the west side and ! think that should be recognized. MacKenzie: ! agree with you whole-heartedly. Senator Saunders? Saunders: Thank you Madame Mayor. ! know there's been a history in Collier County of working with FEMA and ! think when ! was the County Attorney there was a effort and FEMA was very amenable to new information and ! would presume that they will also be amenable to new information this time. !f there is anything that ! can do to assist the Cities and the County in their efforts, ! would be more than pleased to do so. MacKenzie: Hahn: MacKenzie: Thank you. Ms. Hahn, you are here representing Porter Goss, did you wish to say anything? !'m here to observe and as always our door is open. We are videotaping this for channel 54 rebroadcast and they can't hear you in Golden Gate. Hahn: MacKenzie: Persad: Oh okay. For the benefit of you all I'm from Congressman Goss' office and have been following this issue for some time. We are very interested in keeping the doors open for all of you to work with the Federal Government. - A(~ENpA ITjE~/~ .- Sounds good so far! SEP 1 ! have heard some comments about the changes in the insurance premiums that is going to take place because of the changes in the elevations on the flood insurance rate maps. Mr. Hathaway briefly mentioned about grandlathering. Tt seems that if there is a home or a business that has existing flood insurance, the changes in the maps are not going to effect that rating unless, of course, there is something called substantial damage or substantial improvement. So the new owner is going to continue to pay the similar premium under the grandlathering clause. As far as the mapping issue goes, a typical procedure for us is to come to the County and the incorporated cities like Naples, Marco, and Everglades City in a formal meeting called final coordination meeting. Once that meeting takes place, the municipalities and County would have 90 days to comment and then there is an appeals period just like what you have done with Mr. Tomasello reviewing the FEMA models and maps and numbers and everything. The revised maps upon agreement with all those comments and everything would not go into effect officially unless we resolve all the concerns. A few months ago, when Mr. Devlin came to Atlanta office, we decided to basically postpone that formal final coordination meeting until we come to a reasonable compromise as to what needs to be done because our objective is to also provide you with the best possible maps. Best possible maps would also, of course, reflect the best possible climatic conditions for your particular County and communities. So we are working ! .think in this effort together and i'm not sure what the next step is going to be; there are two opuons ! can s.ee now, one is for you to do an analysis of what you think is right, you know you may want to have Mr. Tomasello do it, or up to your choice, of course. The other option would be to, you know, send whatever information you may have once a final meeting takes place in the appeals period so that our original contractor that did the analysis can review the more detailed information and possibly modify those as necessary. !t basically is going to a fine tuning process from then on until all issues are resolved. Norris: believe that the polling of the board showed that we've selected option A. MacKenzie: Mr. Persad can ! just clarify something? You're talking about a new owner being able to take over a home at the existing FEMA rate as long as this process is going one, but once the new maps come into effect, then the new rates will come into effect. Persad: No. MacKenzie: No. Persad: The new maps will not change the flood insurance premiums as long as that particular home or business has continuous coverage. It was built in accordance with what was the map existing at the time of construction. Persad: Continuous coverage .... Soldenwagner: Madam Mayor, thank you for recognizing me. As a member of the Marco !sland.City Council, ! want to express an appreciation for FEMA having backed off from their original' approach, willing to work in_ coordination and-collaboration with the local municipalities and with the county, so that we can in a cooperative approach come together with a reasonable solution to all of this and I thank FEMA for being willing to do that. MacKenzie: Senator Saunders? AGEI~DA No. /1~ I./-t I~.~ SEP 1 2 2000 Saunders: T think it was already clarified, but it sounds like that building is what is being grandfathered in, not the rate payer so as long as there is continuous coverage on a building that's in existence at the time the new maps go into effect, it's the old rate, so ! think you had clarified that. Tucker: Does continuous coverage mean if a homeowner sells their house, and the new home owner implements insurance rather than going through some process of and ! hear the work continuation, will the rate stay the same or is that like a lapse and you go into a new rating system? Constantine: New owner, new policy. Tucker: Right. Persad: I don't know the exact number of days for the lapse, but if ! remember right I believe its 30 days. Tucker: So, 17m not an expert on this, but it is my understanding that you get, even though flood insurance is through FEMA, you-get it through an insurance agent, so if the new homeowner goes to a different agent, and gets coverage within 30 days, 'then his rate is under the grandlathering rules even after all this is done, is that right? Persad: Correct Tucker: Well, I for one feel this doesn't have as much of a profound impact as ! first thought it was because otherwise it would lower the property values of everybody in the County already. AGE~. I~:.~ -~ / Persad: The two terms ! used, substantial improvement and substantial damage, are those if a storm does occur and if the structure sustains loss of 50% of fixed value before the incident. Then it would come under the new maps. Tucker: An improvement is also 50%, isn't it? Persad: Correct. Constantine:And does that substantial damage have to be done by flooding or if you happen to have a fire in my house, nothing to do with flooding Persad: Correct. Constantine: If ! did more than 50% it would still apply. ! think that may be the downside to the thing. We're looking at something that wouldn't necessarily have a thing to do with flooding, but you'd still get hit with it Persad: Its damage from any origin. MacKenzie: And the number of new people in Collier County that are now subject to FEMA rates that were not before. Tarrant: MacKenzie: Mayor MacKenzie, could ! ask Mr. Devlin please a question. Bob, could you tell us sure, Mr. Hathaway had wanted to say something first Mr. Tarrant, is that okay? Hathaway: Typically when Persad and ! come to meetings like this and its in the· form of the final meeting that he was talking about, we also brine alor~?~Z~ S~P 1 2 20( a flood insurance specialist to answer these detailed questions. We've learned a lot by listening to that fellow. We also have a really good one- page summary that if you haven't received it, we should probably forward that to you. It really answers some of these questions that you're talking about. We also have the 100-page version of it, but I think that the one page version is perfect and as Persad said, we're going to continue to work with you on this. For those of you who need to contact me specifically, ['m the one who answers questions about coastal flood insurance studies at Dewberry 8, Davis, ! do have my business card so you can contact me. Believe me, ! appreciate coming down here to listen to your concerns and to listen to Mr. Tomasello's presentation and to 'enjoy some of this fine weather as well. Tarrant: I wanted to ask Mr. Devlin, maybe someone else can answer, but I think Bob Devlin has the answer..just for the record if he could give us a rough ball park figure of how much money has been paid out in Collier County in total premiums over the past 10 years or however long FEMA has been in operation in Collier County compared to money that has been brought back into the County to pay for damages. Would you have those two rough figures? Devlin: ]:t would be approximately $200 million in the last 19 years paid out to the National Flood !nsurance Program and we received approximately $2.5 million came back to the community. Tarrant: $200 million against $2.5 million out. Fantastic. Devlin' ]: understand Mr. Hathaway's comment regarding to insurance and so forth, but in the real world ! get phone calls everyday from folks who have insurance and their typically in one zone and they get a saying they FEMA's changing the maps and they'll now have to pay a new premium rate, a higher rate and I get calls from people who currently live in a flood zone and they have an idea that they may be going into, they currently live in an X zone and will be in a flood zone and those folks call me and say how am I going to be impacted by that and I say "you've going to have to get flood insurance because you just told me you have a mortgage and therefore in order to protect their investment, they'll be asking you to get flood insurance". So it's not a guarantee that nothing will change. It's not a perfect world with regard to insurance. Tarrant: Well, they'll not only be asked, they'll be required, won't they? Devlin: MacKenzie: That's correct. Does anyone on the panel have anything else? ]:f not, this is a public meeting and ! see IVlr. Pineau over there fairly dancing on the balls of his feet eager to get to the podium! Pineau: Emergency Management Director for the County. I understand the concept of grandfathering in, but I think that we have a fairly large population that is going to be impacted out in Golden Gate Estates at the present time its an unnumbered A zone. They're not going to be able to get letters of map amendment because there is no elevation assigned and that's I think going to be a critical problem in the days and months ahead. I understand here in the Naples urban area that the entire latest update, I can see that, but I think its that large area that's in the unnumbered A zone that's out there in Big Corkscrew and we're expanding out that way and those folks aren't going to be grandfat~here,~d~,~,~- in. They're going to be paying rates at a much higher rate tilan i~°i~ SEP i 2 200 39 c- were in a numbered A zone. That's why 1; would like to have this thing studied. Persad: If ! may comment, actually, sir, the numbered A zones flood insurance premium is going to be less Pineau: The numbered A zones Persad' Of course it depends on elevations, the lowest floor but if the structure is at least 2 feet above the highest adjacent grade, the numbered A zone premium is going to be less. Constantine: ! think that Mr. Pineau's point. Hathaway: The work that Mr. Tomasello's referring to by the SFWMD, ! believe will provide some detailed analysis to some of the unnumbered A zones, ]: don't know if it covers all of those areas, but during this process that we're working with you, any of the engineering studies that are available for the unnumbered A zones that can help establish detail, if we can include that information and put it on the flood maps to help you and your constituents out there, obviously we want to do it. l;t's a much easier area to manage when you have the detailed information. The unnumbered A zones that are currently on the maps, unless we have information from the County or community about how they change, where they change, unfortunately they have to stay there until we can provide some alternative analysis. Pineau: ! don't know what the motivation was in putting them in a flood zone in the first place. Hathaway: l~t probably was based on the earlier flood-prone maps that were part of a study by the geological survey or some other agency, the soil conservation service, when they first identified this community in the flood insurance program back in the late 70's. So it is difficult to trace back those A zones, the more detailed studies we have and the less A zones, ! think everybody's happier overall. MacKenzie: Constantine: Kadie Tuff Mayor, how many public speakers do we have? MacKenzie: This is it. Tuff: Ken reflected a lot of my questions regarding the Estates area and so I was wondering if in giving Mr. Tomasello your blessing to continue if there will indeed be some models run in the Estates area which there weren't when this study was done. I'm would just like to make sure that anything that you direct him to do would involve running some models and some accurate information done for our area. Constantine: That was certainly the intent of my question to the Board of Commissioners. Tuff: Because from what ! understand, its more expensive to run a model that just to do the study that Mr. Tomasello's done to this point. MacKenzie: Mr. Devlin, do you need anything else further from us. !s there anyone else from the public that would like to address us? !f not, thank you ladies and gentlemen. '~ AUTHORIZE PROHIBITING PROPERTY. EXECUTIVE SUMMARY THE COUNTY ATTORNEY TO DRAFT AN COMMERCIAL "PAY" TELEPHONES ON ORDINANCE RESIDENTIAL OBJECTIVE: To maintain the quality of life in neighborhood communities through the prohibition of certain commercial enterprises in residential areas. CONSIDERATION: Presently, the County Code does not specifically prohibit the installation of commercial "pay" phones in residential community. Consequently, a property owner may authorize the installation of pay phones anywhere on their property in exchange for a percentage of revenue generated from its use. This condition exists in some of the County's neighborhoods. In all these instances the property owners do not reside at the residence and the condition is resulting in a great deal of loitering on the sidewalks. Subsequently, neighbors have registered complaints with the County expressing a safety concern and a deterioration of the residential neighborhood. In response to the citizen complaints Code Enforcement has issued a Notice of Violation (NOV) for illegal land use and construction without permits. Compliance has ordered to occur by the end of this month. Although the County has been able to address the problem, an ordinance would make it clear that these uses are prohibited in residential areas such as duplexes, single family housing, and would restrict the installation of pay phones at apartment complexes based upon # of residences. GROVVTH MANAGEMENT: Management Plan This code would not affect the County Growth FISCAL IMPACT: There is no fiscal impact at this time. Once established, the cost of enforcement will be absorbed by the existing budget. There will be potential for revenue through fines, but it cannot be determined at this time. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to work with staff in drafting an ordinance that prohibits pay phones in residential communities as outlined in the consideration. John Dunnuck, Assistant to the County Manager ............. A~ND~,.ITEM ' SEP 12 2000 EXECUTIVE SUMMARY APPROVE COOPERATIVE AGREEMENT BETWEEN THE COUNTY AND BIG CYPRESS BASIN/SOUTH FLORIDA WATER MANAGEMENT DISTRICT OBJECTIVE: To obtain Board of County Commissioner (BOARD) approval of a Cooperative Agreement between Collier County (COUNTY) and the Big Cypress Basin Board (BASIN)/South Florida Water Management District (DISTRICT). CONSIDERATION: The COUNTY and BASIN/DISTRICT first entered into a ten (10) year Cooperative Agreement in 1991 for sharing the control, operation and maintenance of designated portions of the County's drainage system which have a significant impact upon the water resources in the BASIN and COUNTY. Overall, implementation of the Agreement over the last nine years has been satisfactory to both parties of the Agreement. Some portions of the Agreement needed modifying to reflect the actual practice that has developed over the initial implementation of the Agreement, especially as it relates to the responsibility for the planning, design and construction of major capital improvements to both the County's smaller "Secondary Drainage System" and the larger "Primary Drainage Systems". After various modifications to the Agreement were negotiated by the Staff and reviewed by respective legal counsel, it was Staff's mutual recommendation that the attached Cooperative Agreement be approved and extended for an additional ten (10) year period ending February 28, 201 I. FISCAL IMPACT: Implementing of this Cooperative Agreement will result in the COUNTY continuing to be responsible for the operation, maintenance and capital improvements of the County's "Secondary Drainage System" and the BASIN / DISTRICT being responsible for the same activities for the "Primary Drainage System". GROWTH MANAGEMENT IMPACT: Adoption of a cooperative agreement concerning the roles and responsibilities for the local stormwater management program is in harmony with the intent of intergovernmental agreement requirements of the County's Growth Management Plan. Pg. I RECOMMENDATION: That the Board of County Commissioners grant approval of proposed Cooperative Agreement with the Big Cypress Basin / South Florida Water Management District and authorize its Chairman to sign the document on behalf of Collier County. SUBMITTED BY: APPROVED BY: (~~ ~ Date: Johfi'H. Boldt, P.E., P.S.M S?qQrmv~ater Management Director / ~,~ c,~ ~ Date: Mike McNees Interim Transportation Division Administrator Pw-common on 'Itmain'/Exsum700.doc C-11759 ORIGI At COOPERATIVE AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON BEHALF OF THE BIG CYPRESS BASIN AND COLLIER COUNTY, FLORIDA THIS COOPERATIVE AGREEMENT, ("AGREEMENT"), made and entered into this __ day of ., , by and between "the Parties," the South Florida Water Management District a public corporation of the State of Florida, ("the DISTRICT") on behalf of the Big Cypress Basin and Collier County, a political subdivision of the State of Florida, ("the COUNTY"). WITNESSETH: THAT WHEREAS, the DISTRICT is an independent taxing authority, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes; and WHEREAS, it is the desire and the intent of the parties that the DISTRICT continue to assume the responsibility, first agreed to under Agreement C91-2158 dated February 19, 1991, for the control, operation and maintenance of designated primary watercourses which have a significant impact upon the water resources in the DISTRICT and Collier County, Florida; and WHEREAS, for the purpose of establishing the DISTRICT as such control agency, it is necessary that certain watercourses as defined in §§373.019, and 373.086 F.S., be declared "Works of the Basin" and "Works of the District"; and WHEREAS, the DISTRICT has adopted as "Works of the Basin" the watercourses listed on Exhibit "A" and depicted on Exhibit "B," both of which are attached to this AGREEMENT, and it is acknowledged that the above constitute only a part of all of the existing watercourses in Collier County, Florida; and WHEREAS, the Big Cypress Basin Board has the statutory authority through §373.0695(3), Florida Statutes to declare and adopt additional watercourses as "Works of the Basin" and has approved entering into this AGREEMENT on May 28, 1999; and WHEREAS, the DISTRICT and COUNTY have agreed that the responsibility for planning, operation, maintenance and capital improvements of the primary watercourses listed on Exhibit "A" and of any additional watercourses that may be adopted in the ~utur0~Eiq0R'~M~ No. Contract C-11759, Page I of 7 of the Basin" and "Works of the District" shall lie with the DISTRICT, while the responsibility for planning, operation, maintenance and capital improvements of all other watercourses known as secondary watercourses shall lie with the COUNTY; and WHEREAS, the Governing Board of the DISTRICT has approved entering into this AGREMENT at its May 11, 2000 Governing Board meeting; NOW, THEREFORE, in consideration of the benefits flowing from each to the other, the DISTRICT on behalf of the Big Cypress Basin and the COUNTY agree as follows: 1. The purpose of this AGREEMENT is to provide a mechanism for continuation of the parties' responsibilities and obligations regarding operation and maintenance of watercourses and water control structures delineated in Agreement No. C91-2158 dated February 19, 1991 when Agreement No. C91-2158 expires on February 28, 2001. Accordingly, unless extended or earlier terminated, this AGREEMENT shall commence on February 28, 2001 and continue for a period of ten (10) years to February 28, 2011, and may be renewed upon mutual agreement of the parties. Notice of intent to renew or not to renew shall be delivered to the other party in writing between February 28, 2009 and May 31, 2009. In the event that the parties cannot mutually agree to an extended renewal period, this AGREEMENT shall lapse and terminate on its own accord on February 28, 2011. Hereafter the DISTRICT shall continue to be the public agency in Collier County, Florida, responsible for the control, operation and maintenance of the watercourses listed in Exhibit "A", and depicted on Exhibit "B," both of which are attached hereto and made a part of this AGREEMENT. 2. The Project Managers for the DISTRICT and for the COUNTY are as follows: DISTRICT COUNTY Name: Street: City: State: Zip: Tel: Clarence Tears or Current Director, Big Cypress Basin 6089 Janes Lane Naples Florida 34109 941-597-1505 John Boldt or Current Stormwater Management Director Collier County Gov't Complex 3301 Tamiami Trail East Naples Florida 34112 941-732-2501 The parties shall direct all matters arising in connection with the performance of this AGREEMENT to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. 3. All notices to the COUNTY under this AGREEMENT shall be in writing and sent by certified mail to the Public Works Director, or his designee. All notices to the DISTRICT under this AGREEMENT shall be in writing and sent by certified mail to: - AGE N,D/A I~ Contract C-11759, Page 2 of 7 Pg. q South Florida Water Management District Attn: Procurement Division P. 0. Box 24680 West Palm Beach, FL 33416-4680 The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address or designated Project Managers, ih'~rnediate written notice of the new address and/or Project Manager shall be sent to the other party. 4. The COUNTY shall continue to remise, release and relinquish all rights and responsibilities over the said watercourses with respects to control, operation and maintenance to the extent necessary for the DISTRICT to exercise those water management functions set forth under this AGREEMENT. 5. The COUNTY, to the extent of its authority, shall provide to the DISTRICT water management easements for such purposes as are necessary to operate and maintain the watercourses described in this AGREEMENT and shall also provide maintenance easements adjacent to any subdivision proposed pursuant to the execution of this AGREEMENT. Such maintenance easements shall run for the duration of this AGREEMENT and shall revert to the COUNTY in the event of the termination of this AGREEMENT. In the event of termination of this AGREEMENT, the DISTRICT shall provide notice, in writing, including such documents as may be recorded in the Public Record, of the effective date of such reversion. The COUNTY shall notify the DISTRICT of any proposed subdivision adjacent to or including any of the watercourses listed in Exhibit "A." Such easements shall be approved by the DISTRICT, within thirty (30) days, prior to the COUNTY's approval of the subdivision plats. 6. Nothing in this AGREEMENT shall obligate the DISTRICT to control, operate or maintain any watercourse for which the COUNTY has not previously furnished to the DISTRICT an acceptable easement unless the DISTRICT has separately obtained an easement for the watercourse. 7. The DISTRICT shall have the authority to acquire additional easements as deemed necessary for operations, maintenance and/or construction of capital improvement projects. Any such acquirements shall be recorded in the Public Records of Collier County. 8. Subject to Governing Board budgetary approval as specified in para~aph 15, the DISTRICT shall fund and develop a regional watershed management plan and individual basin plans for the primary watercourses, and implement the capital improvements recommended in such plans designed to provide the levels of service for flood protection, water quality, water supply, and environmental quality targeted in the COUNTY's Growth Management Plan. If the targeted levels of service cannot be attained in an economically feasible and environmentally sound manner, the Basin Study will recommend a revised level of service that may be attained in an economically feasible and environmentally sound manner for inclusion in the COUNTY's Growth Management Plan. Contract C-11759, Page 3 of 7 9. The COUNTY shall fund detailed studies of the secondary watercourses and their respective basins throughout Collier County and implement capital improvements/modifications recommended by such studies. The COUNTY and DISTRICT shall cooperate in the development of these studies funded by the COUNTY with DISTRICT staff assistance in: A) Preparation of the Scope of Study. B) Input on consideration of alternatives developed for improvements and remedial measures. C) Input during drafting of the Basin Study for prioritization and implementation of recommended projects. D) Input on how the individual Basin Studies interact. The COUNTY shall reserve the right to request partial funding from the Big Cypress Basin Board for support in such Basin Studies of secondary watercourses. 10. The Big Cypress Basin Watershed Management Plan and such subsequent plans shall be subject to review and approval by both the DISTRICT, through the Big Cypress Basin Board, and COUNTY, through the Collier County Board of County Commissioners, prior to implementation of: · Level of Service Recommendations · Capital Improvements and Capital Improvements Schedules · Operation and Maintenance Enhancement Proposals. 11. The DISTRICT and COUNTY may cooperate to obtain and utilize alternative funding methods to accomplish the above improvements on a case by case basis. 12. It is the intent of the DISTRICT to use its best efforts to operate the various watercourses and water level control structures to meet the water management needs of the region as a whole. The DISTRICT shall operate the structures and watercourses dependent on antecedent and forecasted climatological conditions to maximize reasonable and beneficial use of the resource and balance the needs of flood control, water supply and environmental concerns. The DISTRICT and COUNTY may confer on alternative operational actions for DISTRICT/BASIN or COUNTY water level control structures. 13. It is the intent of the DISTRICT and the COUNTY that the DISTRICT shall maintain those watercourses and water level control structures to the level of service existing at the time of adoption as "Works" as of the dates specified under Agreement C91-2158 and subsequent amendments thereto. Further capital improvement responsibilities are outlined in Paragraphs 8 and 9 of this AGREEMENT. 14. Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable if failure or delay in the performance of this AGREEMENT arises from fires, floods, strikes, embargoes, acts of the public enemy, unusuall-y severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due c~i-e a~~Adl~iia~M. control of the parties. No.. I (o /5C I~) Contract C-11759, Page 4 of 7 15. In general, maintenance to the Works of the Basin includes but is not limited to: · Water Level Control Structure Maintenance · Aquatic Plant Control · Maintenance Shoal Removal · Removal of Flow Obstructions · Canal Bank Maintenance if operation of the system is impaired. 16. This AGREEMENT is contingent upon the DISTRICT's funding and budget approval by the DISTRICT for the adoption and maintenance of the watercourses listed in Exhibit "A" and depicted on Exhibit "B" both of which are attached and made a part of this AGREEMENT, as well as any other watercourses added thereto by the DISTRICT. The failure of either party to obtain sufficient funding to cover its respective obligations pursuant to the terms of this AGREEMENT will be a cause for either party to terminate this AGREEMENT for convenience. In such event this AGREEMENT may be terminated by either party by providing the other party with thirty (30) days advance written notice. In such event, both parties shall be relieved of any and all future obligations under this AGREEMENT as of the effective date of termination, including but not limited to, lost revenues and consequential damages. 17. In the event of termination of this AGREEMENT, the control, operation and maintenance of the watercourses and structures addressed herein shall revert to the COUNTY within Eighty (80) calendar days of termination. 18. In the event of emergency operations, the DISTRICT and COUNTY may coordinate their available resources and cooperate to address the existing situation(s). 19. The DISTRICT and COUNTY may at their mutual discretion enter into future Cooperative Agreements, as they deem appropriate. 20. The parties hereto acknowledge that they are self-insured public entities. 21. To the extent permitted by Florida law, the COUNTY shall assume any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. 22. To the extent permitted by Florida law, the DISTRICT shall assume any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the DISTRICT and the officers, employees, servants, and agents thereof. 23. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 24. This AGREEMENT may be amended only with the written approval Contract C-11759, Page 5 of 7 25. The parties shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. 26. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law, and the Southern District of Florida for any claims which are justiciable in federal court. 27. By execution of this AGREEMENT, neither the COUNTY, nor the DISTRICT are assuming any liabilities or duties whatsoever, of the other, which may then exist or have previously accrued to any third party, including, but not limited to, personal injury, property damage, inverse condemnation, etc., resulting from either party's ownership, operation or control over such watercourses, water control facilities, and related works, prior to the date of adoption or release of same as "Works of the District" and "Works of the Basin." 28. This AGREEMENT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The parties recognize that any representations, statements or negotiations made by DISTRICT or COUNTY staff do not suffice to legally bind the parties in a contractual relationship unless they have been reduced to writing, authorized, and signed by authorized representatives of the parties. This AGREEMENT shall bind the parties, their assigns, and successors in interest. Contract C- 11759, Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day, month and year first above written. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: SByFWMD O~ F~~f~PPROVED: Mary L. Meier, Acting Director of Procurement SFWMD PROCUREMENT APPROVED: BY: ~/~ COLLIER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Approved as to form ~11~~ fficie ncy_~..~_fi ~un~t~)t~orney By ATTEST: Chairperson Clerk Contract C-11759, Page 7 of 7 EXHIBIT "A" WORKS OF THE DISTRICT/BASIN CANALS Golden Gate Main Canal 1-75 Canal Airport Road Canal Faka Union Canal Miller Canal Cypress Canal Merritt Canal Prairie Canal Henderson Creek Canal Cocohatchee Canal ' S.R. 29 Canal Corkscrew Canal and Side Branches Golden Gate Side Branch Orangetree Canal Curry Canal Green Canal C.R. 951 Canal C-1 Connector Canal Total Page 1 MILES 27.25 7.00 7.25 29.50 18.75 8.00 12.00 10.00 6.75 11.95 .00 6.20 2.00 2.15 2.00 3.00 7.20 2.00 163.00Miles of 3, Exhibit "A" STRUCTURES 6 3 2 7 3 1 2 1 1 3 10 0 1 0 0 0 0 0 40 Structur~ s A G E ;qP t Pq. , ,I _ SUMMARY OF DRAINAGE STRUCTURES NU'M]3 ER OF CANALS STRUCTURES STRUCTURE NAMES Golden Gate Main Canal 6 ! GG-I GG-2 GG-3 ! GG-4 ; GG-5 [ GG-6 Golden Gate Main Canal 1 l, GG-7 Side Branch I-~--" 1-75Canal 3 i 1-75-1 : 1-75-2 1-75-3 ~ Airport Road Canal 2 ARN ARS ~ Faka Union Canal 7 FU-1 FU-2 FU-3 FU-:4 FU-5 FU-6 FU-7 ~ Miller Canal 3 MILLER # 1 MILLER # 2 MILLER # 3 I Cypress Canal I CYP1 ~ Merritt Canal I 2 MER- 1 LUCKYLAKE I Prairie Canal { I ', PRA- 1 Henderson Creek Canal I ~ HEN-1 I CocohatcheeCanal 3 ' COCO-1 ; COCO-2 COCO-3 ] S.R. 29 Canal 10 SR29-1 SR29-2 SR29-3 SR29-4 SR29-5 SR29-6 SR29-6A SR29-6B SR29-7 SR 2t)-gAGENDA L "i, ~. ':I'AL I 40 No ..... Page 3 of 3, Exhi.bit "A" , BI~ CYPRKSS BASIN CANA[.S AND WATER CONTROL STRUCTURF. S WAT'ER CONTROL STRUCTURE PRIMARY CANAL ............. I . ru-7 CR 858 j.,I-75 (ALLIGATOR ALLEY) AGE DF~J,Y~ 8'Y': w. ?. HC~V,N~O J I,k~ 4. 1~ I EXHIBIT 'B' /3 EXECUTIVE SUMMARY APPROVE THE LAKEWOOD DRAINAGE SYSTEM RESPONSIBILITY AGREEMENT OBJECTIVE: To approve the Lakewood Outfall System and Surface Water Drainage System Agreement. CONSIDERATION: In 1974 U.S. Home created the Lakewood Project by recording the "Declaration of Covenants, Conditions, and Restrictions for the Lakewood Project" (LDCCR). The LDCCR resulted in the creation of a not-for-profit Corporation known as Lakewood Community Services Association, Inc. (LCS) to which it was intended that the power be given to maintain, administer, and operate the "Surface Water Drainage System" and the "Lakewood Outfall System." LCS never accepted formal responsibility for this power or the associated expenses. Additionally, U.S. Home failed to seek a South Florida Water Management District final operating permit for LCS. U.S. Home later sold property located within the Lakewood Project to two golf course developers by warranty deed. U.S. Home, in its conveyances to Lakewood Country Club and Ironwood Golf Club, failed to specify maintenance responsibilities for the "Surface Water Drainage System" and the "Lakewood Outfall System." Additionally, the Collier County Transportation Operations Department has some roadway and drainage outfall maintenance responsibilities within the Lakewood Project pursuant to various Easements and Agreeements. The County Stormwater Management Department also has some responsibility for various parts of the Lakewood Drainage System that has regional benefit for upstream property owners. In order to identify the various components of the Lakewood Drainage System, the Stormwater Management Department created from scratch a map of the Lakewood System that inventories the various inlets, pipes, culverts, lakes, ditches, and water level control structures that make up the System (See Exhibit "C" of the Agreement). A Responsibility Chart spreadshe6t was then developed for the various components and after long negotiations, a consensus was reached by all parties as to who was responsible for each of the individual components (See Exhibit "B" of the Agreement). All the aforementioned parties therefore wish to clarify the responsibilities as to the common areas and improvements within the Lakewood Project. The enclosed Agreement, already approved and signed by the various parties, clearly delineates maintenance, repair, and replacement duties; lake maintenance; capital replacement and major repair costs; enforcement; grants of easement; and other pertinent matters. ' ' A'~ND~ITEM FISCAL IMPACT: There is no new fiscal impact associated with approving this Agreement. Responsibilities previously adopted by the Transportation and Stormwater Departments have been performed in the past. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the "Lakewood Outfall System and Surface Water Drainage System Agreement" and authorize its chairman to sign the Agreement on the Board's behalf. SUBMITTED By: ~"'d~ REVIEWED BY: REVIEWED BY: APPROVED BY: Paul Knorr Stormwater Management Coordinator jo~ Date: <~ /'"- CC2D H. Boldt, P.t}., P.S.,M. ,.,~__/" St°rmwT~/~ge/-meff{ Direct°r '~~"/' Date: f -' d'~ ~/~an?~' t'°n Operat'°ns Direct°r ~ - ) -'~'-'c; ,,~ Date: Michael Mc'Nees Interim Transportation Division Administrator 2e,00 LAKEWOOD OUTFALL SYSTEM & SURFACE WATER DRAENAGE SYSTEM AGREEMENT THIS AGREEMENT is by and between Lakewood Community Services Association, Inc., a Florida corporation not for profit (herein~er '~CS"); Lakewood Country Club of Naples, Inc., a Florida corporation not for profit (hereinat~er the "Country Club"); Van Elway Enterprises, Inc., a Florida corporation (hereinafter "Ironwood"); Collier County, Florida (hereinat~er the ~'or u~e by Clerk of Court) "County"); and U.S. Home Corporation, a Delaware corporation authorized to do business in Florida (hereinafter "U.S. Home" or the "Developer"). WITNESSETH: WHEREA~;, on February 28, 1974, U.S. Home, as Developer, created a residential planned development, referred to herein as the "Lakewood Project," by recording a document entitled "Declaration of Covenants, Conditions and Restrictions for the Lakewood Project" (hereinafter the "Lakewood DCCR") in O.R. Book 581, at Pages 692, et seq., of the Public Records of Collier County, Florida. The Lakewood Project consists of the real property desca'bed in Exhibit "A" to the Lakewood DCCR, including certain "Common Areas and Improvements," which in turn include the "Surface Drainage Water System" and the "Lakewood Outfall System" as defined in the Lakewood DCCR:, and WItEREAS, the Lakewood DCCR called for the creation of a Florida corporation not for profit known as Lakewood Community Services Association, Inc., to which it was intended th Page 1 of 13 given to maintain, administer, and operate the entire "Surface Drainage Water System" and the "Lakewood Outfail System," as provided in the Lakewood DCCR; and ~?l:rlr~S, U.S. Home sold the property located within the Lakewood Project, which is now known as Lakewood Country Club, to Lakewood Country Club of Naples, Inc., by Warranty Deed recorded in O.R. Book 748, at Page 518 of the Public Records of Collier County, Florida; and sold the property which is now known as Ironwood Golf Club, and is now owned by Van Elway Enterprises, Inc., by Warranty Deed recorded in O.R. Book 1683, at Page 1732 of the Public Records of Collier County, Florida; and WHEREAS, the conveyances to Lakewood Country Club and Ironwood Golf Club did not include any specific references to the responsibility for maintaining the components of the "Surface Water Drainage System" and the "Lakewood Outfall System." Wl~REAS, LCS has never formally accepted responsibilities for maintaining, repairing and replacing the ,Surface Water Drainage System" and the "Lakewood Outfall System"; and W~!~REAS, for unknown reasons, at the time control of LCS was turned over to the property owners in Lakewood, U.S. Home failed to seek, and the South Florida Water Management District failed t~ issue, a final operating permit in the name of LCS for the "Surface Drainage Water System" and the "Lakewood Outfall System"; and LCS has never. formally agreed to assume control of or responsibility for all operational and maintenance expenses. Page 2 of 13 2000 WHEREAS, Collier County is responsible for maintaining various drainage facilities located within the Lakewood Project through its Transportation Department and Stormwater Management Department, pursuant to various Easements and Agreements; and WtIE~S, it is unclear through the Public Records of Collier County, Florida, as to the specific maintenance, repair and replacement responsibilities of the various components comprising the Common Areas and Improvements within Lakewood which are located upon the Country Club and Ironwood properties. The parties hereto wish to clarify each of their maintenance responsibilities of'the Common Areas and Improvements comprising the "Surface Drainage Water System" and the "Lakewood Outfall System," within the properties comprising the Lakewood Project. A legal description of the properties comprising the Lakewood Project are attached as Exhibit "A", attached hereto and incorporated herein. NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, and for the purpose of clarifying the responsibilities of the parties as to the Common Areas and Improvements within the Lakewood Project, the parties hereby agree that each party herein, shall specifically maintain those components described in Exhibit "B", attached hereto and incorporated herein, entitled "Lakewood Drainage System Responsibility Chart." The location of the specific Common Area and Improvement components listed in Exhibit "B", are depicted on the Lakewood Drainage Project System Inventory, attached hereto, as Exhibit "C". 1. MAINTENANCE, REPAIR AND REPLACEM]gNT. Although it is understood that Lakewood Community Services Association, Inc., is ultimately responsible for the entire "Surface Drainage Water System" and "Lakewood Outfall System," each party herein agrees to bear the Page 3 of 13 for conducting proper maintenance and repairs of certain components of the System, as shown on the Responsibility Chart attached hereto, and recorded herewith as Exhibit "B," as their individual responsibility of these individual components within the overall system. It is understood that for those components that are listed on Exhibit "B" as the responsibility of LCS but are located on Country Club property, LCS is solely to perform the maintenance and repair and the Country Club is only to contribute to LCS for the cost thereof in the amount of $125 per month, which amount is to be paid in six (6) month intervals. The first payment of $750 is to be paid on October l, 1998 covering services rendered for the six (6) months since April l, 1998. Subsequent payments of $750 are to be paid on April l, 1999, October l, 1999, and then every April 1st and October 1st of every year thereafter for each six (6) month service interval. Said contribution by the Country Club is to assist LCS in maintaining that portion of the "Surface Drainage Water System" and "Lakewood Outfall System" located on the Country Club property. For those components listed on Exhibit "B" as the joint responsibility of LCS and the Collier County Transportation Department (TD) it is understood that TD is solely to perform the maintenance and repair of the components located on the public roadway fight-of-way and LCS is solely to perform the maintenance and repair of the components located off' the public roadway right-of-way. 2. LAKE MAINTENANCE. The parties agree that the components of the "Surface Drainage Water System" and the "Lakewood Outfall System" ("Systems") located on the land comprising the Country Club and the Ironwood Golf Club have both functional and aesthetic properties that are of considerable value to the Clubs. Accordingly, it is agreed that all maintenance necessary for the purpose of protecting and retaining the aesthetic benefits of the Systems to the Country Club's properties (that being maintenance of lake water quality and control of aquatic vegetation), shall be the responsibility of the Country Club for the components located on the Lakewood Country Club property (except for Lak Page 4 of 13 Key, as depicted in Exhibit "C", which will be the responsibility of LCS ), and shall be the responsibility of Ironwood for the components located on the Ironwood Golf Club properS' (except for Lake #l, as depicted on Exhibit "C", which shall be the joint responsibility of LCS and Ironwood with each party to pay fift3' percent (50%) of the cost of the maintenance and repairs necessary for the purpose of protecting and retaining the aesthetic benefits of Lake #1). 3. CAPITAL REPLACEMENT AND MAJOR REPAIR COSTS. The parties recognize and agree that there are a number of physical installations and improvements connected with and essential to the proper functioning of the System that will from time to time have to be replaced or undergo extensive repairs. Most of these installations and improvements are not readily visible, but their failure to perform as intended could have a direct, adverse effect on all owners in the Lakewood Project, so that it would appear most equitable that all owners share the costs. However there is no single entity in the Lakewood Project that has been or could be granted legal authority to assess all property owners in the Lakewood Project for these purposes and enforce payment. Accordingly, it is agreed that the various components of the Systems that 'are so indicated on Exhibit "B" will be repaired and replaced by the parties indicated. 4. ENFORCEMENT. If any party fails or refuses to perform any of its obligations hereunder, as listed in Exhibit "B," any other party or parties may make a formal written demand upon the party for performance, and if the default is not addressed for expeditious remedy by the party obligated to perform within thirty (30) days a_Rer receipt ofthe demand, and ifthe default is not expeditiously cured within a reasonable time, any party may institute legal proceedings to enforce compliance, or may take any and aH lawful actions to remedy the breach, including without limitation, maintaining, repairing or replacing the component involved, and any expenses incurred by the party in maintaining, Page 5 of 13 7 component that is the responsibility of another party herein, shall be charged to the responsible party, together with reasonable attorney's fees and other expenses of collection, if any. 5. GRANT OF EASEMlgNT. In consideration ofthe sum often Dollars ($10.00) and other valuable consideration paid by each party to every other party herein, simultaneously with the execution and delivery of these presents, the receipt whereof; is hereby acknowledged, each party hereby grants to every other party, their employees, agents and licensees, the right, privilege and permission to cross and enter into its property, and perform whatever work is necessary on, above or under its property to carry out their respective maintenance responsibilities under this Agreement. It is understood that the grants of easement described herein, shall in no way impair, interfere with or overburden any existing Easements of record. It is understood that any party utilizing the easement herein for its intended use is responsible for any damages caused to the property by its use and said party must restore the easement to as good or better condition after utilizing the easement. 6. INSURANCE AND h-NDEMNII*ICATION. Each party to this agreement shall procure and carry general liability insurance to provide coverage against the negligent acts of its agents, employees, or invitees in perfojming the maintenance respons~ilities on their respective property. Such coverage shall also extend to the negligent acts of each party while performing necessary maintenance activities on another party's property. To the extent permitted by law, each party to this agreement shall indemnify and save harmless the other party on whose property maintenance activities are being performed from any damages, court costs, litigation expenses and attorney fees arising from injury to persons or property caused by the negligence of the party, its agents, or employees while performing such maintenance duties. Page 6 of 13 7. ASSIGNMENT, RUN WITH LAND. Assignment of the obligations and responsibilities of any of the parties herein, can only be accomplished with the prior written approval of all parties. This provision is not intended to prevent any party from hiring contractors to perform maintenance repairs or replacements of the Common Areas and Improvements which the party is responsible for, provided that the party itself remains responsible. This Agreement shall be deemed appurtenant to and run with the ownership of the Lakewood Project and the owners' real property respective successors in title. 8, TERM. Unless terminated sooner by mutual consent and written Agreement of all parties herein, this Agreement becomes effective immediately upon proper execution by representatives of all parties on the date it has been signed by all parties hereto, and shall terminate on February 28, 2008, after which this Agreement shall be automatically extended for successive periods often (10) years, unless terminated at any time sooner by the mutual written Agreement of all parties. 9. NO WAIVER OF BREACH. The failure of any party to insist upon strict performance by any other pa.ny of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term or condition of this Agreement shall continue in full force and effect with respect to any provision other than the exist'rag or subsequent breach. 10. ATrORNEY'S FEES. Ifany party shall bring any action or proceeding for damages for an alleged breach of any provision of this Agreement, or to enforce, protect, or establish any right or remedy of either AGENlrA .I.T,~ I~ No. Page 7 of 13 party, the prevailing party shall be entitled to recover as a part of' such action or proceeding reasonable attorney's fees and court costs. 11. AMENDMENTS. This Agreement is not subject to modification except in writing executed by representatives of all parties in recordable form. 12. RECORDING. This agreement shall be recorded in the public records of Collier County. Page 8 of 13 pg. /' o, IN WITNESS WItlrREOF the parties have caused this Agreement to be executed as of the date that first appears below: LAKEWOOD COMMUNITY SERVICES ASSOCIATION, INC. By: C~rol Fries, pr6sident 4580 Eagle Key Circle Naples, FL 34112 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this i -I41' day of ~-"~-ur~e_ , 1999, by Carol Fries, President of the above aforenamed Corporation, on behalf of the Corporation. She is ~ersonally know~to me or has produced as identification. ~ ~t~ GLENN CARROLL ~,~ MY COMMISSION · CC 714~49 F..XPIRF~: February 9, Print, Type, or Stamp Commissioned Name of Notary l~,tie) (4tY~x No~r~ sea) Signature. of Nota.rv Public Page 9 of 13 EN WITNESS Wl~E~OF the parties have caused this Agreement to be executed as of the date that first appears below: Date: (2) '~ Witness LAKEWOOD COUNTRY CLUB OF NAPLES, INC. / 2g06 Aintree Lane, H- 101 Naples, FL 34112 STATE OF FLOR~A COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~,~/ day of ~/4 ,1999, by G. Elder, President of the aforenamed Corporation, on behalf of the Corporation. She is personally known to me or has produced ]=/tbg ~ c/$6- OC~'O - 3/-6:3/-0 as identification. Print, Type, or Stamp Commis~d Name of Notary P~b~ic) (A. ffv~ Notaria~ SeaO Sig~vature/of N~ary'~Vub lic This instrument prepared by Swalm, Murrell & Samouce, P.A., 2375 Tamiami Tr~ North, Suite 308, Naples, FL 34103. Page 10 of 13 AGENDA.LTEM ! IN WITNESS IaFIIEREOF the parties have mused this Agreement to be executed as of the date that first appears below: witness . ~ v Phnt Name: (2) Witnek, s Print Name: VAN ELWAY ENTERPRISES, INC. David Van:.c.o~ Pt'esident 205 Charity Court, Suite 220 Naples, FL 34112 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this //. t~' day of ~ , 1999, by David Vanco, President of the above aforenamed Corporation, on behalf of the Corporation. He is ~rsonafry imox~ to me or has produced as identification. Print. ~. or Stamp Comm~Mom~ Na~ of Nmary WbUe) (AlTa lVo~r~d Signature o/Notary Public This instrument prepared by .qwalm, Murrell & Snmouce, P~_, 2375 Tamiami Trail Nor~ Suite 308, Nnple~ Ft. 34103 Page 11 of 13 IN WITNESS Wi~REOF the parties have caused this Agreement to be executed as of the date that first appears below: Date: BOARD OF COLrNTY COMl~SSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: Timothy J. Constantine, Chairman , Deputy Clerk Approved as to form and legal sufficiency: (Cd_.~Dav±d C. We±gel, County Attorney Date: ~ I_ :loo Page 12 of 13 AGENDA LTI~M ' No._ !t, l~ ~) IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date that first appears below: Date: witness 1-" By: Peter Corneau, Regional Vice President 10481 Six Mile Cypress Pkwy, Suite 100 Fort Myers, FL 33912 STATE OF FLORIDA COUNTY OF ~/../-.I ~1/'~ The foregoing instrument was acknowledged before me this ,_-'~'_/-,day of /~q'~t~. {.~ ,2000, by Peter Corneau, Regional Vice President of the aforenamed Corporation, on behalf of the Corporation. He is personally known to me or has produced Pri;u, Type, or Stump Commisxio;wd Nanw of Notary Ptd~lic) (A2~br Notarial Seal) as identification. This ias~rta.cm prcpar,~d r,y i~ / Swahn. Murrcll & Samoucc, P.A., 2375 Tanfiami 'lrail North..'quite 308, Naples, FL 34103. Page 13 of 13 No. pg = .3:>. day cf '-'~- ~995 ?=--i$ QUiT-CT.a.,.-W. DEED, Ex_=c"- .= -~.s T by · U.S. EC~ CO,ORe'iON, a Delr-~e cc~oration autkcriz~ to do o~ Florida, Inc., 10491 Six ~!e C~Tre~s P~ay, Suite 100, Myers, 'Florida 33912, her=;-==ne= called ~ke Grin:or, and ~~D CO__~!~ S~~S ~S~L~ION, ~C., a Florida non-pro fit co~cra~icn, wko== -=~is-=-=~ office is !usared a~ 2~5 South ~c~ Road, Naples, FlorLie 33942, hereinafter called = icr. c - . =~ ' = - = does f _e~-er all h_ ri~hn =, , sai~ Grantor has in and ~= ~he fullswing descr! -=--- =: -:---~'~ ------n~- r. - = ' :==--:--:--= 2._ .h= L=-k-a .C .... ~e_~, - P. ecorcs ~cok =: ~ , --_:s ..... _. Col ~ { =- Co'u.n'_v, ---iorida, -_camber -i ~ ~ = ~ ~ nhereumno _-.- ---=:-;-~ =-~ s~_ecified ~,- said Oec!aranicn and all =" ' ="- _ ram, _..~-._.~.s ~her=_%:; ccn_-=_ivab!v and ~nc!uc'_ng ..... u .... == exis=i-~.q as par-_ of the .:.=3.CEL iDE-NTi---'iC-'--TiON % ]:~=' TO F. AVE AND TO ~Or.n .--~-= -=--e -.=gether will all and singular =he a_:.:,_-_~--~ena_nces =kereu.-.uo ~e!cn--.i-".g or in anl~;i~e appe~ai~{ng, and all =he essa=e, righ=, nit!e, in-_aresn, lie:., ec. ai~Z a~.d claim wka--s~ever of =he said Grann:r, el:her in law cr e~-'i=y, to =he only ~roper use, beneli= an~ ~ekccf of =he said Grammes forever. I_N W~T~$$ ---~-~ -.~-EOF, Gr,=or hereun== se-_$ its hand ~--~-d seal day a~.d ye.~ f~.__-s~ above wr_it-.an. Wi=nesses: U.S. HO~E COR.DOR~TION, a De!av-~re corpora=ion authorized =o do bu~ess in t_he State of Florida, pr~viousl~ kno~-n as U.S. Home of Florida, Inc. i~S: /_.~i- ,:,'. o~ ST_'-.T--_ OF FLGRiD.'= C0u~-NT~_- O? '~- The f c_-ego :__-.g ,crtia , inc., Ce~ifica=e No. or 2 II II I1 ~' LAKEWOOD DRAINAGE PROJECT ,, ~_" ~SYSTEM INVENTORY" AGENDA No. EXECUTIVE SUMMARY APPROVE WORK ORDER NO. B-1 FOR BONNESS, INC. FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT DAVIS BOULEVARD (S.R. 84) AND COLLIER BOULEVARD (C.R. 951) # 66065. OBJECTIVE: Obtain Board approval and execution of WORK ORDER No. B-1 with Bonness, Inc. under the terms of our Annual Contract for Roadway Contracting Services # 98-2905. CONSIDERATIONS: Staff has negotiated a joint project agreement with Florida Department of Transportation (FDOT) to improve traffic flow (by extending the southbound left turn & right turn lanes) on the above referenced project at the intersection of Davis Boulevard (SR 84) and Collier Boulevard (CR 951). Utilizing a fixed term annual contract for professional engineering services with Pitman- Hartenstein & Associates, Inc., contract documents have been prepared for the proposed improvements. On August 2, 2000 staff requested contractors to provide bids utilizing the fixed term Annual Contract for Roadway Contracting Services. Three bids were received from contractors as follows: CONTRACTOR Bonness, Inc. APAC Florida, Inc. Better Roads, Inc. TOTAL BID AMOUNT $142,218.34 $149,881.00 $152,297.20 Bonness, Inc. provided the lowest base bid amount of $142,218.34. The County plans to fund the full amount of $142,218.34 to construct this project during this fiscal year. After final completion and acceptance, FDOT will reimburse the County $92,358.38. ¢~.FISCAL IMPACT: Funds in the amount of $152,000 are available in the Road Construction Gas Tax Fund for the Davis Boulevard and Collier Boulevard Intersection Improvements. Source of funds is Gas Tax. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners execute and approve Work Order No. B-1 with Bonness, Inc. in an amount of $142,218.34 to construct intersection improvements at Davis Boulevard (S.R. 84) and Collier Boulevard (C.R. 951) and authorize the Interim Transportation Administrator to execute the work order on behalf of the Chairman. SUBMITTED BY: A. Nyankadaul~orti, Project Manager REVIEWED BY' APPROVED BY: Tr~.~mrt ation En~in~,t).~gp artmerit Edward I. Ka~n(/~PT~.,'Director "' Transportatiofi~Operations Department Mike McNees, Interim Transportation Administrator i I AC3ENDA ITEM -- l SEP 1 2 2000 WORK ORDER # B-1 Roadway Contracting Services Dated March 3, 1999 (Contract #98-2905) This Work Order is for Roadway Contractor services for work known as (Title) Davis Boulevard (S.R. 84) and Collier Boulevard (C.R. 951) intersection Improvements. (Reason for Proleer) To extend southbound left turn & right turn lanes. The work is specified in the proposal dated August 4, 2000, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # 98-2905 is assigned to: Bonness Inc. (Firm Name) ::Scope of Work: See the attached proposal Schedule of Work: Complete work within 90 Calendar days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount of $142,218.:34, as provided in the attached proposal. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Section "17" of the Agreement (Change in the Work). PREPARED BY: ~/~~ ~ na~r A. Nyankadau Korti, Pro~t Ma Tran ~O'r½~tion Ft~neeft}tg D a~rtment AUTHORIZED BY: Edward J. K '~rector Transpor tatio~l//rations Department APPROVED BY: Mike MeNees, Interim Administrator Transportation Division Date ,,c q f _ ,:-0 Date Date Approved as to Form and Legjal [Su fficienc~: Assistant County Attorney ACCEPTED BY: Date: ATTEST: (Corporate Secretary) Bonness, Inc. By: Kathleen H. Bailey, President By: t:~z~.~.,,t~,,~_%/O,~.~. Signature Kathleen M. Bailey~ President Bid Number Contractor Collier County Davis Blvd. (S.R. 84) and Collier Blvd. (C.R. 951) Intersection Improvements Bid Schedule Pay Item No.Description Unit Quantity Unit Price Estimated Cost 711-35-81 Traffic StriDe, Solid, 8" White (Thermoplastic)LF52 711-35-181 Traffic Stipe. Solid, 18" White (Thermo[fiastic)LF32 711-36-61 Traffic S~pe, Solid, 6" Yellow (Thermoplastic)LF861 711-36-81 Traffic Stripe, Solid, 8" Yellow (Thermoplastic)LF55 · "~ ] .~, ~' 711-36-181 Traffic Stripe, Solid, 18" Yellow (Thermoplastic)LF32 BONNF. SS INC. EO. Boa 9140 !~l-ol~, I~o~la 34101 (941) 597-6221 F~x: (94 lJ 597-7416 /~Bid Number Contractor Collier County BONNE Davis Blvd. (S.R. 84) and Collier Blvd. (C.R. 951) Intersection Imorovements t,.o. ao~ 9 Bid Schedule r, ta~e,, {941) 597- Fax: Pay Item No.Description Unit QuantityUnit Price ] Estimated Cost 101-1 Mobilization LS 1 2~j .~'~ ?..5'~ 102-1 Maintenance of Traffic (see note below)LS1 ~'7_. r']O, oo 104-10-1 Baled Hay EA 10 ~5) ,a>~ 104-13-1 Staked Silt Fence (Type IH) LF 842 ~.,OO 110-1-1 Clearing and Grubbing (1.4 acres) LS 1 ~©O©, e'c~ 110-4 Removal ofE,,ist. Co,c. (Curb & G~,tter)S¥45 ,3 (e. O Co 120-1 Regular Excavation CY 615 //~ ~:~g 120-6 Embankment CY 586 ~'~. ~:'-/ ~ ~] I, ~-- 160-4 Type B Stabilization (12") SY 3333 ,~. ~O 162-3-101Finish Soil Layer, 6" SY 2550 2.2 ~ I ~ V ~'~, ~'~ 285-701 Optional Base, Group 1 SY 646 I 2.0 ~ 285-709 Optional Base, Group 9 SY 1869 I(,, .q~tI 300-1-3 Bituminous Material (Tack Coat))GA250 [! l~ I I ~5 2 ,~'0 33I-2 Type S Aspbaltic Concrete TN 266 .~o,~5' 337-7-2 .Asph. Conc. Friction Course (Inc. Bit) (Rubber)TN56~-~ I fie ~' 425-1-561Inlet Ditch Bottom Type 'lv, <10EA1 /t~, t~o 430-11-323Concrete Pipe Culvert, Class 1II, 15"LF212-2--.00 430-984-223Mitered End Section, 15" EA I q~,~-, OO 520-1-10 Concrete Curb and Gutter Type ELF !570-5 Fertilizer TN 0.1 ~_~XD ,oO 575-14 soaa~- ~a s¥ ~-550/~ I 700-46-21Signs, Existing, Relocate. Single PostAS6~2,50 700-46-22Signs, Existing, Relocate, Multi-PostAS1/~5~, oo[ 4 ~ ~-O. oo 705-10-12Object Marker, Post Mounted, Type 1IEA2/Oq05'° 706-3 ~nective P~vemen~ ~a~e~ ~ ~ q.~o 710-6 Directional Arrows, Paint EA 13 2~, ~ ~ ...~Q,E~ ,710-25-61~rafnc stripe, Solid, 6" VCaiteLF2055 ' a 8 710-25-~1~rraaic Stripe, Solid, 8" VCaiteLF52 '/--/ / ~710-25-~51*~a~ S~pe, So~d, 18" voite U: 32 /,/~- 710-26-6~~r~nc St~pe. So~d, 6" ¥enow L~ '861 · ~'~ 710-26-81Traffic Stripe, Solid, 8" YellowLF55 , /~7 710-26-181~c stops, Sol~d, 18" ¥eUow ~.F 32 f /r' | 71~-4 Dir~ctional^~ow$,Crhe~mop~as,c~~ 13 ~%, C>O ~ 5-?Z ,°~ - 711-35-61Traffic Stripe, Solid, 6" X~/hite (Thermoplastic)I?2055,aJ~ EXECUTIVE SUMMARY APPROVE COMMITTEE RANKING ()F FIRMS FOR CONTRACT NEGOTIATIONS FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES FOR AIRPORT - PULLING ROAD. COLLIER COUNTY PROJECT NO. 62031, CIE NO. 55. OBJECTIVE: Obtain Board's approval of Committee's ranking of firms for the Airport - Pulling Road Construction Engineering Inspections Services and authorization to begin contract negotiations with the top ranked firms for subsequent Board approval. CONSIDERATIONS: On May 12, 2000 the County requested proposals (RFP #00-3081) from firms interested in providing Engineering Services for Construction Engineering Inspection (CEI) Services for the construction of the Airport - Pulling Road (From Pine Ridge Road CR 896 to Vanderbilt Beach Road CR 862). Notices were sent to 154 firms, 24 firms requested the RFP documents. Eight (8) responses were received by the date of July 21, 2000. The eight (8) proposals were reviewed and it was decided that all of the prospective CEI firms complied with the County Purchasing requirements. See the attached CEI Selection Committee authorization letter and Committee ranking matrix. The Selection Committee reviewed, discussed and ranked the eight proposals and by consensus chose (the top 3) firms for approval and contract negotiations as Follows: 1. Consul-Tech Engineering, Inc. 2. PBS & J & Construction Services, Inc. 3. Stanley Consultants, Inc. The County is preparing to enter into the bidding stage for the construction of Airport - Pulling Road. The consultant (CEI) needs to be available during this process to establish a smooth transition. FISCAL IMPACT: Funds in the amount of $600,000.00 are budgeted in the Road Construction Gas Tax Fund in the Fiscal Year 2001 budget. Source of funds is Gas Tax. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 55 RECOMMENDATION: That the Board of County Commissioners (1) approve the Committee's ranking. (2) authorize staff to begin Contract negotiations with the number one. ranked firm for the Board's approval. No. SEP 12 2000 SUBMITTED BY: r,'97:' X'"" c / / " Date: ,'.'" -' A. Nyankadau Korti, Project Manager Transportation Engi?eer.~,g Department Edward J. ~~.E., Director ...... Transp~rt,ation~perations Department ~ AVPROVED BY: / {~' - ~ ,~Date:~__~ Mike McNees, Interim Transportation Administrator REVIEWED BY: Gwen Butler, Interim Director Purchasing Department Date: .::"-d ? '~ "~ l' A~NDAITEM SEP 12 2000 SEP 1 2 2000 P~.,, ,~, ~ TABULATION FOR RFP # 00-3081 "CEI Services for Airport -Pulling Road/Pine Ridge Rd. to Vanderbilt Beach Rd." DATE OF RFP ADVERTISEMENT: 05/12/00 RFP DUE: 07/21/00 ~ 3:00 pm NO. OF INQUIRIES SENT:154; VENDORS REQUESTED FULL PACKAGE: 24 Proposer Wilson Miller Johnsoh Engineering Hole Montes , Parson Brinckerhoff Naples, FL Naples, FL Tampa, FL Naples, FL Tampa, FL City, State Original + 5 Copies X Yes [~ No X Yes [~] No X Yes ~ No X Yes No X Yes [2]] No Consul-Tech Engineering KCCS Inc · Stanley Consultants Naples, FL West Palm Beach, FL X Yes []2 No X Yes ['-] No x Yes [5]N.,o I--lYes[]]]No , []]]Yes' []]]No :,,~ Kelsey Ward "' :' Opened by Gary Young Wireess "NON-PROPOSAL" RESPONSES RECEIVED FROM: VENDORS ~ AGENDAJTEM -- EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT BETWEEN COLLIER COUNTY AND THE DEVELOPER OF BRIDGEWATER BAY (OAK GROVE PUD) FOR RIGHT-OF-WAY DEDICATIONS MADE FOR LIVINGSTON ROAD AND ORANGE BLOSSOM DRIVE. OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County and the Developer for contributions made to the County's Transportation Network. CONSIDERATION: Ordinance No. 92-22, as amended, (the Collier County "Road Impact Fee Ordinance"), Section 3.06, provides for the establishment of a "development contribution credit" against road impact fees imposed under Section 2.01, in return for the conveyance of rights-of-way required for the construction of Transportation Road Network Improvements. Under the provisions of the above-referenced Ordinance, when the Transportation Director approves the dedication of said land as being necessary for the construction of "transportation network" improvements, the Director may ask the Board of County Commissioners to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. The Oak Grove PUD, County Ordinance No. 98-71, currently being developed as Bridgewater Bay, required the developer to dedicate 275 feet of right-of-way along the project's eastern boundary for the construction of Livingston Road; and to dedicate 40 feet of right-of-way along the a portion of the project's southern boundary for the construction of Orange Blossom Drive. Having dedicated these rights-of-way to the County in the plat of Bridgewater Bay Unit One, the developer is entitled to receive road impact fee credits in accordance with the road impact fee ordinance. The value of the Livingston Road contribution is Seven Hundred Ninety-Four Thousand Five Hundred Thirty Seven Dollars and Sixty Two Cents ($794,537.62). The value of the Orange Blossom Drive contribution is Ninety- Five Thousand One Hundred Eighty Eight Dollars and Ninety Six Cents ($95,188.96). These values were derived by applying the developer's purchase price of the property (price per acre) to the area of the right-of-way dedications, which turned out to be slightly less than the appraised value of the property as estimated by an accredited appraiser from a list approved by Collier County, as is required pursuant to both the Road Impact Fee Ordinance and the Collier County Land Development Code. A(3ENDA ITEM No. SEP 12 2000 Executive Summary (cont'd.) Page 2 ~.,~? FISCAL IMPACT: Road Impact Fee Credits will be established in the amount of , $889,726.58 in Road Impact Fee District One. GROWTH MANAGEMENT IMPACT: Granting of the impact fee credit and execution of the Developer Contribution Agreement will provide for the construction of necessary infrastructure consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the attached Developer Contribution Agreement, and authorize its Chairman to execute same on behalf of the Board; Authorize staff to record the Developer Contribution Agreement in the public records of Collier County, Florida; and SUBMITTED lation C~)ordi~ator REVIEWED BY. Edward J Date:. ,~.."~ - b )rtation Operations Director APPROVEDBY: Date: ~an Feder, ,ICP, Transportation Services Adr/ninistrator A(3END& ITEM No._ ~ 5£P 12 2000 Pg. ~ DEVELOPER CONTRIBUTION AGREEMENT THIS AGREEMENT is made and entered into this __ day of _, 2000, by and between LB/P GROVEWAY, LLC, a Delaware limited liability company (hereinafter referred to as "Developer"), whose mailing address is 2055 Trade Center Way, Naples, Florida 34109, and COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. RECITALS WHEREAS, Collier County Ordinance No. 98-71 creating the Oak Grove PUD, required the reservation of 275 feet of right-of-way along the eastern boundary of the PUD for the future construction of Livingston Road, and the dedication of 40 feet of right-of-way along the southern boundary of the PUD for the future construction of Orange Blossom Drive, in exchange for road impact fee credits; and WHEREAS, Developer was record title holder of the Oak Grove PUD at the time of the platting of Bridgewater Bay, Unit One; and WHEREAS, said rights-of-way were dedicated to County as of the date of acceptance by County, and the subsequent recording with the Clerk &Court, of the Plat of Bridgewater Bay, Unit One, in Plat Book 34, Page 87-91, of the Public Records of Collier County, Florida (hereinafter referred to as the Contribution; and WHEREAS, the above-referenced stipulations provided that the Developer may receive Road Impact Fee Credits in exchange for the Developer's Contribution in an amount not to exceed the value of the Contribution; and WHEREAS, the Developer has caused the fair market value of the Contribution to be appraised as of August 1999; and WHEREAS, Developer's appraisal fails to conform with the requirements in Sections 2.2.20.3.7 and 2.7.2.8.1, Collier County Land Development Code; and AG~NI~A ITEM No. ll/ 5EP 1 2 2000 DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 2 WHEREAS, County is authorized to determine the market value of the Contribution under conditions set forth in Sections 2.2.20.3.7 and 2.7.2.8.1, Collier County Land Development Code; and WHEREAS, the Developer accepts the method of calculation utilized to establish the impact fee credits that will be exchanged for the Contribution; and WHEREAS, both parties to this Agreement acknowledge that the value of the Contribution is $889,726.58 as derived by applying the Developer's purchase price of the property (price per acre) to the area of the right-of-way dedications, which is less than the appraised value of the property as estimated by an accredited appraiser from a list approved by Collier County; and WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall mn with the parent tract, and shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the parent tract has been completed; and WHEREAS, both parties to this Agreement acknowledge that Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other charges, fees or omer impact fees for which the Developer is responsible in connection with the development of the parent tract; and WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, 9r their successors, of the necessity of complying with any law, ordinance, role or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be the Florida Local Government Development construed as a development agreement under Agreement Act. . AGE~NDA I~EM' No. I~ ~ SF..P 12 2000 Pg.., Lt DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 3 WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which is mutually acknowledged, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct, and are herewith incorporated as a part of this Agreement. 2. The Developer has conveyed to County, via Plat Dedication and free of all liens and encumbrances, except as noted within the recorded Plat for Bridgewater Bay - Unit One, the Contribution more particularly described in Plat Book 34, Page 87-91, as Tract "B" (Livingston Road) and Tract "O" (Orange Blossom Drive). 3. In exchange for the Contribution, the Developer shall be entitled to a Road Impact Fee Credit in an amount not to exceed $889,726.58. 4. Effective upon recordation of this Developer Contribution Agreement, until development of the parent tract (Oak Grove PUD) is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer is required to pay for each building permit which is applied for on the parent tract, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit so issued. 5. County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of Exhibit "A" (Road Impact ~-~ AC~NO_A ITEM ! SEP 12 2000 DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 4 10. 11. Fee Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road Impact Fee Credits. With each building permit issued on the parent tract, the County shall subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees appropriate to that particular permit and shall enter the new balance in the ledger column labeled Impact Fee Credit Balance. Next to this new credit balance, both the County Official issuing the building permit and the Developer's Representative applying for the building permit shall print and sign their names. Upon written application made unto the County by the Developer, County shall, within sixty (60) days, refund to the Developer the Impact Fee Credit Balance. Said written application shall include a certification made by the Developer that all development subject to the payment of Road Impact Fees has been completed on the parent tract. The refund by County shall be disbursed as agreed between Developer and County based upon the liquidity of Road Impact Fee District One and provided it does not adversely affect the cash flow of said Road Impact Fee District account; provided, however, notwithstanding the foregoing, the refund shall be paid to Developer no later than five years from the date Developer's application. County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for enforoement of the Agreement. This Agreement may be amended or canceled only by the mutual consent of the parties to the Agreement, or by their successors in interest. This written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, an( there are nn nrinr nr enntarrl)oraneous A(3ENDA, rl'.EM No. SEP 1 2 2000 Pg. ~ ~ DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 5 written or oral agreements, understandings, promises, warranties or covenants not contained herein. IN WITNESS authorized representatives. ATTEST: DWIGHT E. BROCK, CLERK Date: WHEREOF, the parties have hereunto affixed their signatures by their duly BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) LB/P GROVEWAY, LLC, A DELAWARE LIMITED LIABILITY COMPANY By: Groveway Development, L.C., a Florida limited liability company By:. G. Smart Wood, Authorized Member STATE OF: COUNTY OF: The foregoing Developer Contribution Agreement was executed before me this __ day of , 2000, by G. Smart Wood, authorized member of Groveway Development, L.C., a Florida limited liability company, and who is personally known by me or has produced as identification. (affix notarial seal) Signature of Notav Print Name of Nota ' Public SEP 1 2 2000 - ] DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 6 Commission No.: My Commission expires: Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attomey ' ". AGEND,~ I~'E'IVI No. /~ ~ ':::::~ SLY' 1 2 2000 EXHIBIT "A" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the following property: OAK GROVE PUD BEGINNING BALANCE ............. $889,726.58 DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ SEP 1 2 2000 EXECUTIVE SUMMARY CONSDERATION OF BUDGET AMENDMENT FOR PURCHASE OF REPLACEMENT TRACTOR MOWER FOR THE IMMOKALEE ROAD AND BRDGE SECTION. OBJECTIVE: To gain Board approval of a budget amendment for the purchase of a replacement tractor mower to be used for the maintenance of County road fights-of-way. CONSIDERATIONS: The existing tractor mower being used by the Immokalee Road and Bridge Section is approximately 13 years old. The motor was replaced three years ago and it was not anticipated to have to replace this equipment for at least two more years. However, the equipment has been malfunctioning partly due to drive train problems, which has spawned other mechanical problems. The unpredictability of the equipment poses a safety hazard not only for staff but for the traveling public as well. Based on the equipment's unreliability, replacement at this time is recomrq. ended. The cost to replace this equipment is $33,965 and is available from New Holland North American, Inc., Florida State Contract #765-900-99-1. However, as the equipment may not be delivered prior to close of this fiscal year, approval is requested for the purchase order to remain open and roll into the new fiscal year. FISCAL IMPACT: Funds in the amount of $33,965 for the purchase a replacement tractor mower are available in Road and Bridge Fund (101) Reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment for the purchase of a replacement tractor mower for the Immokalee Road and Bridge facility. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: La~/g~ ~ y, cad it B ' Superintendent/ Edwj/qa~ J' KalbritE" Transp°rtati°n Operati°ns Direct°r E.~ f 5/~\ (,f~ DAT . Michael A. McNees, Interim Transportation Services Administrator DATE:~ g/t.5/00 DATE: ~"~/~"//~ d FRC~ : CREEL FORD TRACTOR CO I:::'H0f4E NO. : 941 694 6,859 ~u9. 15 2'008 ID3:E)SF'f~ P~. LI~T COST CO~qTIACT COST $U~, No._ {V (~(; $F..P 1 2 2000 EXECUTIVE SUMMARY REQL~ST BOARD OF COUNTY COMMISSIONERS APPROVAL OF MEDIAN MODIFICATION ON IMMOKALEE ROAD (CR 846) AT VALEWOOD DRIVE AND INCORPORATE INTO THE IMMOKALEE ROAD WIDENING PROJECT, PROJ. # 69101, CIE#8 OBJECTIVE: To present citizens' request for a median modification on CR 846 at Valewood Drive to permit traffic desiring to exit Valewood Drive southbound and proceed eastbound on CR 846 and to obtain Board of County Commissioners approval to incorporate the change into the existing CR 846 Four-lane Improvement Project. CONSIDERATIONS: For well over a year, staff has been meeting with representatives of several Homeowners Associations representing residents living in subdivisions and condominiums located in the Valewood Drive vicinity. The thrust of these meetings has been to apprise them of the progress of the CR 846 Four4ane Improvement Project (the "Project") and to hear arid consider their requests for additional traffic safety and operational measures. Among the issues that have been brought up and resolved thus far have been the placement of Sheriff's Deputies at strategic locations to assist with rush hour and school traffic, placement of advance warning variable-message sign boards to alert motorists of roadway conditions, and modifications to several nearby traffic signals to accommodate the needs and desires of the various communities. One outstanding issue is the representatives' request for a median modification at the CR 846/Valewood Drive intersection to permit exiting traffic desiring to proceed eastbound on CR 846. The present design and construction plans limits this intersection to right-in/right-out/left-in movements. Correspondence between staff and the design consultant, Hole, Montes and Associates, Inc., indicates that while not an optimum solution, the request could be accommodated given certain revisions to the construction documents (Attachment No. 1). Staff has also consulted with the county's Risk Management Department and it is our collective opinion that the citizens' request could be granted, subject to the following constraints: If approved, the proposed median opening would only be viable under the four- lane condition. Under a future six-lane condition, the median opening permitting the southbound. to eastbound left turn would be eliminated. The county reserves the right to make future modifications, including elimination of the subject turning movement, under the four-lane condition if, in the sole opinion of the county, operational considerations deem such action appropriate. FISCAL IMPACT: Until a final construction drawing depicting the modification has been prepaJ ~d by the consultant, an exact cost for this modification is not known. However, based on unit prices in the existing construction contract, staff estimates that the total cost of this modification, including design fees, will be about $40,000. Funds are available in Project No. 69101. " AGEt~DA ITEM SEP 1 2 2000 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: median opening at the intersection of CR 846 and Valewood Drive and implement any documentation necessary to carry out the Board's direction. Edward J. Kant,~/yansponation Operations Director REVIEWED BY: Richard Hellriegel, P.E., Senior Project Manger Michael A. McNees, Interim Transportation Administrator That the Board approve staff's recommendation to modify the authorize staff to DATE: Attachments: No. 1 - July 19, 2000, memo from Hole, Montes and Associates, Inc. AGEND,& ITEM No. ~,, ~ SEP 12: Hole, Montes & Associates, Inc. 6202-F Presidential Court Fort 5lyers, Florida 33919-3540 To: From: Date: Subject: Rich Hellriegel, P.E. Walter W. Keene, P.E. July 19, 2000 IMMOKALEE ROADNALEWOOD DRIVE INTERSECTION MODIFICATION Memorandum We have reviewed the sketch of the intersection modification which was received on 7/12~00. The County is proposing to change the directional left access to a modified full median access at the T-Intersection at Valewood Drive. We do not recommend that the intersection be modified to a full opening as proposed for the following reasons. · Vehicles travelling south on Valewood and wishing to make a left turn onto Immokalee Road can already do so by turning left onto Executive Drive prior to Immokalee, right onto Commercial Drive and then left onto Immokalee (eastbound) at a planned full median access, 1,010 feet east of Valewood. · A full median access at Valewood is in contradiction to the Collier County Access Classification and Design Standards separation distance of 1,320 feet for full median accesses for an Access Class 3 roadway. Valewood is 640 feet east of Oaks Boulevard, a signalized intersection. · The type of intersection proposed does not provide a refuge area or safe "bailout" location for the SBL turning vehicle which prematurely advances to the "conflict point" of the intersection only to be blocked by an EBL turning vehicle which reaches the "conflict point" first. The SBL turning vehicle is then exposed to oncoming westbound through traffic. · The eastbound acceleration lane, while providing the means to clear the "conflict point" of the intersection of SBL turning vehicles, will result in a merging maneuver from the left into the eastbound through lanes. Left hand merging maneuvers to a through roadway are contrary to driver expectation and, except where unavoidable, are generally not recommended. Should the County wish to pursue the modified full opening at Valewood, please be advise that it can be physically designed and constructed with some refinements of detail as discdssed with Mark Beaverson on 7/13/00. Consideration should be given to the items discussed below: The length of acceleration lane and length of taper should be reviewed, as both appear too short for a 45 MPH design speed. The length of the acceleration is however limited by the beginning of the EBL turn lane at Commercial Drive. The end of the acceleration lane taper should be extended as much as possible to the east without encroaching into the left turn lane for Commercial Drive. Opening the median for the SBL movement by use of a 90' control radius with a 20' lane width at the beginning of the acceleration lane and moving the 6' radius point of the bull nose back 4' or 5' would ease the movement. 3. Additional signing and markings should be provided to includir warning signs to through traffic of merging traffic from the left. W'\I gt~9\l 9Rgogg\WWK[k\rhOO0710memnReJWFfl dnc IATTACHMENT ,NO / JPAGE ,, / OF '7-- L SEP 12 ZOO0 The County should initiate discussions with the major property owners in the vicinity of Valewood and Commercial to explore the viability of satisfactorily relocating the primary ingress/egress movements from Valewood to Commercial, an existing full median access which could be a candidate intersection for signalization, if warranted. This would eliminate the perceived need for a full opening at Valewood to accommodate the large subdivisions to the north. WWK/cn cc: Mark Beaverson Wait Gilcher IATTACHMENT NO .... PAGE "~' OF AGENDA ITEM SEP 1 2 20O0 EXECUTIVE SUMMARY APPROVE COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES FOR LIVINGSTON ROAD PHASE II, COLLIER COUNTY PROJECT NO. 60071, CIE NO. 52. OBJECTIVE: Obtain Board's approval of Committee's ranking of firms for the Livingston Road Phase II, Construction Engineering Inspections Services and authorization to begin contract negotiations with the top ranked firms for subsequent Board approval. CONSIDERATIONS: On May 9, 2000 the County requested proposals (RFP #00-3078) from firms that are interested in providing Engineering Services for Construction Engineering Inspection (CEI) Services for the construction of Livingston Road (From Golden Gate Parkway to the Community School Entrance north of Pine Ridge Road). Notices were sent to 151 firms, 19 firms requested the full RFP package, six (6) responses were received by the due date of June 16, 2000. On July 31, 2000, the selection committee ranked all the proposals. See the attached CEI Selection Committee ranking matrix. After discussion, the Committee ranked the best qualified (the top 3) firms for approval and contract negotiations as follows: 1. KCCS, Inc. 2. PBS&J, Inc. 3. Johnson Engineering, Inc. The County is preparing to finalize the construction plans for this project and construction should start by the end of this year. The (CEI) consultant needs to be available prior to the start of construction. r-~FISCAL IMPACT: The estimated cost of this contract is budgeted within the Livingston Road "Phase II project budget. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 52 RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's ranking. (2) Authorize staff to begin Contract negotiations with the number one ranked firm for the Board's approval and subsequent shortlisted firms if necessary. (3) Authorize the Chairman to execute the forthcoming negotiated County At amev Aooroved Standard PSA. SUBMITTED BY: Mitch Riley, P.E., Senior Project Manager TE&CM Department Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Gwen Butler, Interim Director Purchasin.g/General Services?ep;~'~ Ed a 'J. Kant, P.~ar T[an~sportation Oper/~5S 'L.4 Department MiketlV~cNees Interim Transportation Administrator Date: Date: Date: ~ ~m ~ m::a ~m 8 a a. z ~ ;;13'rl ,~m:a 'n G~ m ::a ~ ITI m:a __. :3' EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT PERTAINING TO THE EMINENT DOMAIN LAWSUIT ENTITLED COLLIER COUNTY v. DAVID R. CLEMENS AND LUCILLE C. CLEMENS, ETA L. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easements on Parcel Nos. 906A & 906B for the Livingston Road Project in the lawsuit entitled Collier County v. David R. Clemens and Lucille C. Clemens, et al., Case No. 98-1393-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the roadway improvements to Livingston Road between Golden Gate Parkway (CR 886) and Radio Road (CR 856), Project No. 60061. On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Two Hundred Dollars ($200.00) for Parcel Nos. 906A & 906B in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owner, Briarwood Property Owners Association, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for (1) One Thousand Dollars ($1,000.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel Nos. 906A & 906B, and (2) Two Hundred Sixty-Four Dollars ($264.00) to be paid to Kenneth A. Jones, Esquire, of Roetzel & Andress, as full compensation for attorney fees, in accordance with Section 73.092(1)(c), Florida Statutes. An additional One Thousand Sixty-Four Dollars will be deposited in the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $1,064.00; to be obligated in the budget for FY 99/00. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road (Golden Gate Parkway to Radio Road) GROWTH MANAGEMENT IMPACT: Consistent with G~'owth Management Plan. $£P 1 2 2000 Executive Summary CC v. Clemens, et al. Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit an additional $1,064.00 in the Court Registry. Prepared by: , Heidi F. Ashton Assistant County Attorney Date Reviewed by: Mitch Riley Project Manager Date Revie'~ved byi Mike McNees, Interim Transportation Administrator Date Approved by: David C. Weigel, County Attorney Date No._ SEH 1 2 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLI.IFR COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. DAVID R. CLEMENS and LUCII J ~E C. CLEMENS, et al., Respondents. Case No.: 98-1393-CA Parcel Nos.: 906A & 906B STIPULATED FINAL JUDGMENT TI-I/S CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, BRIARWOOD PROPERTY OWNERS ASSOCIATION, ~IC., for entry of a Stipulated Final Judgment as to Parcels 906A & 906B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, BRIARWOOD PROPERTY OWNERS ASSOCIATION, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, BRIARWOOD PROPERTY OWNERS ASSOCIATION, INC., have and recover from Petitioner, COIl JFR COUNTY, FLORIDA, the sum of One Thousand Dollars ($1,000.00) for Parcel Nos. 906A & 906B as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further A(:~END.~ I~£M' SEP 1 2 2000 ORDERED that attorney fees, calculated in accordance with Section 73.092(1)(c), Florida Statutes, totaling Two Hundred Sixty-Four Dollars ($264.00) be awarded and disbursed to KENNETH A. JONES, ESQUIR]E, Roetzel & Andress, A Legal Professional Association, 2320 First Street, Suite 1000, Fort Myers, FL 33901, attorney for the Respondent, in connection with the above-styled cause of action as it relates to Parcels 906A & 906B; it is further ORDERED that Petitioner, COI JJF~R COUNTY, FLORIDA, deposit an additional One Thousand Sixty-Four Dollars ($1,064.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final Judgment; it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the sum of One Thousand Dollars ($1,000.00) referred to above; it is further ORDERED that title to Parcel 906A, a slope, utility, and maintenance easement, and Parcel 906B, a slope, utility, and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2409, Page 1857 of the Public Records of Collier County, Florida be dismissed as to Parcels 906A & 906B; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of July, 2000. CIRCUIT COURT JUDGE 2 Conformed copies to: Heidi F. Ashton, Esq. Joe Fixel, Esq. Kenneth A. Jones, Esq. Briarwood Property Owner's Association, Inc. Society Bank & Trust Society National Bank McAlpine (Briarwood), Inc. Republic Development Corporation of Ohio, Inc. Republic Corporation of Ohio, Inc. JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties, hereby stipulate Stipulated Final Judgment. and respectfully request this Court to enter the foregoing Florid~ Bar/No. 0200158 ROEtZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (94) 337-3850 - Telephone Attorney for Respondents Dated: Heidi F. Ashton, Esq. Florida Bar No. 0966770 COUNTY AT'I'ORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, m--lorida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile Attorney for Petitioner 3 AG~NDA No. SEP 1 2 2000 'pg. ~ PROJECT NO. 1 PROJECT PARCEL NO. FOLIO NO. SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) slope, utility & maintenance easement The West Ten (10) feet Tract "P," Briarwood Un[[ One, according to the plat thereof, as recorded in Plat Book 18, Pages 40 - 42, of the public records of Collier County,, Florida. SUBJECT lO' Edst~g 15 bet Preserve Easement Pmsen'e Area E,dsting 15 foot Buffer E~ement B ........... DATE. ? GEORGE R. RICHMOND P.L.S. 2406 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 SKETCH NOT TO SCALE AGENDAITEM' SEP 12 2000 pg._ (O 8 B 1 PROJECT NO. ~0~ i PROJECT PARCEL NO. ~ FOLIO NO. 2~.757594598 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) slope, utility & maintenance easement The West Ten (10) feet Tract "D-1 ," Briarwood Unit One, according to the plat thereof, as recorded in Plat Book 18, Pages 40 - 42, of the public records of Collier 'County, Florida. SUBJECT Existing 30' TRACT D-1 (Part) N 33.0 ~- E. TAMIAMI ~ NAPLES, FLOI~IDA 34! I2 ,~V, ETCH HOT TO SCALE A~ENDA ITEM No. SEP 12 2000 Pg. EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO THE PREVIOUSLY APPROVED STREET LIGHTING OPTION FOR THE U.S. 41 WIDENING PROJECT BETWEEN AIRPORT-PULLING ROAD AND DAVIS BOULEVARD, A FLORIDA DEPARTMENT Of TRANSPORTATION PROJECT. CURRENTLY LLNDER CONSTRUCTION. OBJECTIVE: To provide the Board of County Commissioners with an assessment of the current situation regarding the street lighting for the U.S. 41 widening project and to request a Budget Amendment to cover revisions to the FP&L poles and communications cables. CONSIDERATIONS: On November 25, 1997 (Agenda Item 8B3), the Board of County Commissioners authorized staff to provide funds for an upgrade to the street lighting system for the U.S. 41 widening project from Airport-Pulling Road to Davis Boulevard. That authorization was for funding in the amount of $411,255. The design of the widening project did not originally account for the revised lighting scheme. The original scheme merely replaced poles along the south side of U.S. 41 with like poles (spun aluminum with cobra-head fixtures). The revised lighting scheme required poles along both the north and south sides of U.S. 41. As the construction neared substantial completion, it became apparent to FP&L that there would be interference from the street lights along the north side of U.S. 41 and their new pole and cable lines. Now that construction is almost complete, FP&L will need to add additional poles to provide additional clearance between the new street lighting fixtures and their communications cables. FP&L estimates the cost of this work could be as much as $35,000 (FP&L letter dated July 19, 2000, Attachment No. 1) Since this conflict was not anticipated in the original upgrade, staff opines that it is necessary and desirable to remedy this situation and reimburse FP&L for the added expense of providing required clearances for their facilities. FISCAL IMPACT: Funds in the amount of $35,000 will be made available from Fund 104. MSTD Road District 3 Reserves via Budget Amendment. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a request for additional funding for the previously approved street lighti~upgrade for the U.S. 41 widening project from Airport-Pulling Road and Boulevard ,iBudget Amendment. Edward J. Kan ' ation Operations Director APPROVED BY: Michael A. McNees, Interim Transportation Administrator DATE: DATE: Attachments: No. 1 - letter from FP&L dated July 19, 2000 AGENDA iTI~'M -- 12 2000 !=pL. Light C~mpBn¥, 4105 ~,5th Avc.ue S. W., N~ples, FL July 19, 2000 Edward J. Kant Transportation Operations Director Collier County Government Center 3301 E. Tamiami Trail Naples, FI 34112 RE: Aerial Conflict, Streetlight Poles and Communication Cables Sec. 03010-6554, US 41 from Davis Blvd. to Airport Rd & Sec. 03010-6545, US 41 from Goodlette Rd to Davis Blvd. Dear Mr. Kant, This letter is in response the above mentioned conflict between the existing aerial communication cables and the newly installed streetlight poles along the Left R/W of US-41. In order to provide clearance between these facilities, it will be necessary to either place the communication cables under ground or have FPL Company install additional poles and in some cases, change out existing 50' poles to 55' poles. Should the decision be made to have FPL Company perform the correction, the "Ball Park" estimate is between $25,000.00 and So_ ,000.00. Please contact me at 4105 15th Ave. SW Naples, Fl. 34116 or at 941-353-6045 should you have any questions regarding this matter. Sincerely, E.L. Hartley Distribution Design Specialist/FPLCo. IATTACHMENT PAGE ,/ NO. /' ,_ ~} _OF_ / No. lt~ ~ io -i 2 2000 an FPL Group company EXECUTIVE SUMMARY APPROVAL BID # 00-3094, FOR PURCHASE OF LIMEROCK AND FILL MATERIALS. OBJECTIVE: Request Board approval of Bid #00-3094 for the purchase of limerock and fill materials. CONSIDERATION: On June 1. 2000. the Purchasing Department sent notices to thirty-four (34) vendors for the purchase of lirnerock and fill materials. Bids were received on June 28. 2000 with tl~ree (3) vendors responding. Staff recommends that bid offers be accepted from Harmon Bros.. APAC-Florida and Southern Sand & Stone, as the lowest respective bidders. Due the proximity of Southern Sand & Stone. staff also recommends that Florida Rock Industries. Inc.. be awarded for the crushed limerock only. quote attached. The majority of crushed limerock used is in the Golden Gate Estates and Immokalee area. for which Florida Rock Industries Inc.. is a closer vendor. thus decreasing the transpo~7 distance. and additional cost and time involved. FISCAL IMPACT: Funds in the total amount of $221.000.00 are budgeted in FY 2000-2001 GROgYTH MANAGEMENT IMPACT: RECOMMENDATION: That the Board axvard Bid ,~00-2094 for limerock and fill materials to Harmon Bros.. APAC-Florida and Southern Sand & Stone. Staff also recommends that the Board award Florida Rock Industries quote for crushed limerock only. for use in the Golden Gate Estates and Immokal~ ~~ La~v He~v, Road & Bridge Superintendent REVIEWED BY: _)t ,),,~ ,,. /~,,~;";' r.' Date: ~/~'q/'C C) Gwe~tler. I~4ri~D(re~t~fP~rchasing APPROVED BY: ~L ¥"'~¢' ~~ Date: Micheal A. McNeese. Interim Transportation Admini ......r 1 .....A~NDA ~EM ~No. lu ~ t~ _ Is ,22000 Jul 17 O0 01:02~ p.1 SALES OmC;S Myers ..........941..437-7~03 [Miami ..............800-22~2550 I~ac~vme .......800..874-6382 QUOTA~ON FLORIDA ROCK INDUSTRIES, INC. CORPORATE OFFICES P.O. 6OX 4687 JACKSONVILLE, FL 32201 FLORIDA ~M.E$ OFFICES cont. Ft, Pierce ............56~-4~ 1-8052 Or~rmo .............800.654-.'t531 GEORGIA ~U~S OFFICES Mecan ...........600.226-6558 F~es~ Park .........800~54-3520 TO: Cofiier County Government A'F~N: Larry Henry DATE: PHONE: FAX: 07-17-00 941-774-8g24 941-774..640~ tlrLORIDA ROCK INDUSTRIES, INC. quotes materials for the following projeclJjob: Project: Road & Bridges Departm~n[ Letting Date: Location: Ship Date: End: MATERIALS TONNAGE PRICE PER TON/DISC. SHIPPING POINT Crushed Baserock 4.45 net 89 Stone 775 57 Stone 8.00 net Screenings 6.75 net Rip Rap 12.50 net FmO.B. Naples F.O.EI. Naples F.O.B. Naples F.O.B. Naples F.O.B. Naples Escalator: Yes( RAIL AND TRUCK RATES: For Information purpo~e~ only, not guaranteed, TRUCK RATE: RAIL RATE: ACCEPTED BY: DATE: PLEASE NOTE: FLORIDA ROCK INDUSTRIES, INC. BY: ED LADD TITLE: DISTRICT SALES MANAGER PHONE: 941-437-7803 Matanal prices covered by ~ls quotabon am good Dray fo~ a perio~ of thirty (30) day,s fo~ tt~e clare ~)f ~ u~le~; a I:~Jrcha~e onset is received ~ this acceptance is signed and returned to us wfthin that time. Purchaser ~greei to terms conditions below ar~ on averoe sm'e. I" No. I,,,~ SEP 12 2000 EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT TO PROVIDE FLOOD RELIEF FOR PROPERTY OWNERS WITHIN THE KIRKWOOD AVENUE/GATEWAY TRIANGLE AREA. OBJECTIVE: To approve a Donation Agreement and accept a Drainage Easement from Robert and Eileen Filmore that is necessary to implement the Gateway Triangle Stormwater Master Plan and improve the existing drainage conditions along portions of Kirkwood Avenue. CONSIDERATION: As a result of the development of their Stormwater Master Plan and as part of an in depth study to alleviate the chronic flooding problems within the Gateway Triangle Redevelopment area, the Stormwater Management Department has concluded that a 15' x 20' parcel in the. rear corner of the subject property, which is known as The Boat Place of Naples, Inc., will serve as an effective drainage easement site. Mr. and Mrs. Filmore, owners and operators of The Boat Place of Naples, Inc., appreciate the County's efforts in addressing current and future drainage issues, acknowledge the benefits to the business and property owners of the Kirkwood Avenue/Gateway Triangle Area and were compelled to generously donate the required easement. FISCAL IMPACT: Staff estimates that the cost of the title search, the title policy and the recording of all documents will not exceed $400.00. These expenses are to be allocated to 'Fund 325, Cost Center 172989, Project 31803, of the Stormwater Management Department budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Donation Agreement; and (2) Authorize the Chairman to execute the Donation Agreement; and (3) Accept the Drainage Easement; and (4) Authorize Staff to record with the Clerk of Court the Drainage Easement and appropriate documents to clear title in the Public Records of Collier County. 'AGENDA ITF.~I ' No. SUBMITTED BY: REVIEWED BY: APPROVED BY: Hope Brack, Real Property Specialist I Real Property Management Department Joh~H. Boldt, P.E., P.S.M. Stormwater Management Director Interim Administrator, Transportation Division DATE: SEP 12. 2000 PROJECT: 31803 (Kirkwood Avenue Storm Drain) FOLIO: 61833920202 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RAYMOND FILMORE, JR., and EILEEN FILMORE, husband and wife (hereinafter referred to as "Owne¢'), whose mailing address is 27080 Holly Lane, Bonita Springs, Florida 34135, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WlTNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive drainage easement for the purpose of constructing, operating, and maintaining drainage and utility facilities over, under, upon and across the lands described in Exhibit "A" (said drainage easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Drainage Easement to County at no cost to- -the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide 'such instruments, propedy executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, FIodda. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida 2 AGENDA ITEM No._ ~ E5 t~z~-- 5EP 1 2 2000 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATE D: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk AS TO OWNER: WITNESSES: ~Vithes~(Signature) BOARD OF COUNTY COMMISSIONERS COMER cou..~ ~.e,,. , TIMOTHY ~. -cC~I~TANTI I,,~IE, Chairman Name: .---&,F--(,- r;-~_i~'t ~b (Print) ness (Signature) (Pdnt) WITNESSES: W~tness (S~gnature) (Pdnt) ss (Signature) Name: ..1'~5,¢-~z_ ~e¢'~ ~... (Pdnt) Approved as to form and legal sufficiency: El~el~ Assistant County Attorney 3 By: RA~/fvIOND FILI~RE, JR., a mgrded man (Print or type) E)y '~---'* "~,'~t~_ ~ (EILEEN FILMORE, a '~ ~af-rJed woman Name:¢-~-t L(- f~..r-4 --~f L-r~lr',r~'e . (Print or type) No. SEP 1 2 200U P~ ~ ' ' A(~.ND~ iTEM No._ I(: SEP 12 DAVIS BOULEVARD N KIRKWOOD AVENUE CHILD CARE FACILITY MARINE BOAT SALES CENTER ~CN..E: I' - 20' POINT OF TFRMINATION-'\ 8 r-POINT OF COMMENCEMENT ~-~ "~ N B9~9'00" E ~ B9.51 97.01' ~~POINT OF BE~NNIN~ LOT ~0 REF: NAPLES GRO~ ~D ~UCK COMP~S U~ FARMS NO. 2 - P~T BO~ 1, PA~ 27 DESCRIPTION OF-A STRIP OF LAND IN LOT 2cJ~ NAPLES GROVE AND TRUCK COMPANY'S LI~'~I'I:.E FARMS NO. 2, PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: ~ AT THE SOUTHWEST CORNER OF SAID LOT 29; THENCE, ALONG SAID LOT 29, N B9'09'00' EAST 97.01 FEET TO THE POINT OF BEGINNING: THENCE ALONG THE CENTERLINE OF A FIFTEEN FOOT WIDE STRIP OF LAND, NORTH 00'28'15" WEST 20.00 FEET TO THE POINT OF TERMINATION. BOUNDARY LINES OF THE ABOVE DESCRIBED FIFTEEN FOOT WIDE STRIP OF LANB ARE TO BE EXTENDED OR SHORTENED TO INTERSECT WITH PARCEL AND LOT LINES. PREPARED B¥:.";:~" THIS IS NOT A SURVEYI SKETCH AND DESCRIPTION FOR COLLIER COUNTY STORMWATER MANAGEMENT EXHIBIT. Page !_of,, FILE: g812DRNO.DWG 111WILKISON & TE~_ CONSULTING ENOINEERS AND SURVEYORS ,3506 EXCHANGE A~I[. NAPLES, FLA. ,34104 Cg41) 6¢3-2404-FAX NO. (941) 643--5173 FLORIDA BUSINESS UCENSE NO. LB5770 oA~. ra Pa D.A~ aY I w.o._/nwo. No. 07--07-gB lg6 49 JPO 9812/S-L-N--t108 PROJECT: 31803 (Kirkwood Avenue Storm Drain) FOLIO: 61833920202 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this I0'f'h day of ,,~'L&.~/ , 2000, by RAYMOND FILMORE, JR. AND EILEEN FILMORE, husband and wife, whose mailing address is 27080 Holly Lane, Bonita Springs, FL 34135 as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, 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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.O0) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above wdtten. AGEND~ ~M No. 5EP 1 2 2000 Page 2 WITNESSES: w-~ness'(S~gnature) Name: ' .1~: ~7 ~-. ,. ~', ~ ¢?-. ;'. (Print) Wit es~~ature) Name: (Pdnt) STATE OF ,~,~-~- COUNTY OF L~4,b-~c m~rrie~ %Fn, L M¢~I~ E~, Jr.,a (Print or type) 2540 Davis Boulevard Naples, Flodda 34104 The foregoing Drainage Easement was acknow_!e_dged before me this )0.___¢ day of 2000, by ,~.u~.A ~_,:~,~ ,.~, , who is(~ersonally known to._~ or who has produced ~' ~/~ as identification. (affix notarial seal) (Signatffre of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any ~-~clz4~'42 My Commission Expires: ~/~ ~,~ '", AGENDA ffEM' ' No., I~ !?-zl~--~~- SEP 12 20O0 P~I. Page 3 · i (Signature) Name: ' -~¢: ~J~: ~. (Print) Witless (Signature) Name: ,./'~,,j,~1¢_.~ &?£ (Print) B~._~E', ~, ,~,-~:.'~ ~. , , EILEEN FILMORE, a ~'-married woman Name <~" ~,~ 'i~._ ,,~,,~ ~t? ~ (Print or type) 27080 Holly Lane Bonita Springs, Florida 34135 STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me this I0'r'~ day of ,,7'u~.y 2000, by ~ ..,~/.m,¢c , who is e~onall¥ known to-b--m.~ or'-~ho has produced ~./~. as identification. (affix notarial seal) Jennifer Hope Brack Atlantic Bondi~ Co., Inc (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #- if any My Commission Expires: AGENDA ITEM" No. I~' No. i/__~ ~-z~ ~ -,,,~. $£P 12 200o pg. \0 DAV1S BOULEVARD N KIRKWOOD AVENUE CHILD CARE FACILITY MARINE BOAT SALES CENTER P~NT OF TERMINA'nON-"~ 8 ,~ N Bg~g'OO" E ~ Bg.51 '.~ 97.01' ~ POINT OF BEGINNING LOT 30 REF: NAPLES ~RO~ AND ~UCK C~PAN~S U~ FARMS NO. 2 - P~T BO~ 1, PAGE 27 SCALE: I" - 20' DESCRIPTION OF A STRIp OF LAND IN LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2, PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 29; THENCE, ALONG SAID LOT 29, N 89'09'00" EAST 97.01 FEET TO THE pOINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF A FIFTEEN FOOT WIDE STRIP OF LAND, NORTH 00'28'15" WEST 20.00 FEET TO THE POINT OF TERMINATION. BOUNDARY LINES OF THE ABOVE DESCRIBED FIFTEEN FOOT WIDE STRIP OF LAND ARE TO BE EXTENDED OR SHORTENED TO INTERSECT W~TH PARCEL AND LOT LINES.. PREPARED BY: "'¢:~... THIS IS NOT A SURVEY! ~N. ~LKISON, P.S.M. *T'LA. UCENSE NO. LS4B7B SKETCH AND DESCRIPTION FOR COLLIER COUNTY STORMWATER MANAGEMENT EXHIBIT. Page,,, ! of FILE: 9812DRNG. DW~ WILKISON & ASSOCIATES lINC. II CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE:. NAPLES, FLA. 34104 (941) 843-2404 FAX NO. (941) 843-5173 FLORIDA BUSINESS UCENSE NO. LB5770 DAT~ I Fa PG i DRAIt4fi BY i W.O.:/DWG. NO. o7-07-9B1lgB 49 JPG 9812/S-L-N-110~ EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO HANNULA LANDSCAPING INC. FOR THE U.S. 41 TAMIAMI TRAIL EAST -- PHASE "A", STREETSCAPE BEAUTIFICATION PROJECT FROM DAVIS BOULEVARD TO AIRPORT-PULLING ROAD, BID NO. 00-3098, PROJECT NO. 60038 OBJECTIVE: To receive Board approval for the award of a construction contract for the U.S. 41 Tamiami Trail East -- Phase "A", Streetscape Beautification Project from Davis Boulevard to Airport-Pulling Road to the low bidder, Hannula Landscaping, Inc., in accordance with Bid No. 00~3098. CONSIDERATIONS: As authorized and directed by the Board on August 3, 1999 [Agenda Item 8(B) 6], staff has proceeded with fmai design, bidding, and construction activities for landscape improvements along East U.S. 41 between Davis Boulevard and Rattlesnake Hammock Road. Consistent with Board direction, this 2.9-mile highway landscape project is being implemented in two separate construction phases: Phase "A": Davis Boulevard to Airport-Pulling Road (1.2 miles) having a planned construction start date of October, 2000; and Phase "B": Airport-Pulling Road to Rattlesnake Hammock Road (1.7 miles) having a planned construction start date of January 2001. On June 9, 2000, the purchasing department sent out an invitation to bid on the U.S. 41 Tamiami Trail East --Phase "A", Streetscape Beautification Construction Project. Eight (8) bid packages were requested by potential contractors. A pre-bid conference was held on June 21, 2000. On July 12, 2000, Purchasing Department Staff conducted the bid opening. Two (2) bid proposals were received. Hannula Landscaping Inc. submitted the lowest bid. This bid was $100,000 over the anticipated project cost. Cost saving negotiations between Staff, the Design Professional, and Hannula Landscaping Inc. have resulted in a $62,015.82 reduction. Results of this process are tabulated below: Bidder Designer's Cost Estimate Arazoza Brothers Corp. Hannula Landscaping, Inc. Negotiated Cost Savings Base Bid Amount $501,621.75 $612,417.52 $573,889.50 Bid Alternate $8~56~50 $124,332.24 $115,560.27 Total Bid Amount $58~18~25 $736,749.76 $689,449.77 ~)$ 62,015.82 Hannula Landscaping Inc. (adjusted) $627,433.95 U.S. 41 Tanuami Trail East Phase "A" Streetscape Beautification Bid Number 00-3098, Page 2 of 2 The bid alternate is for the cost of additional landscaping and irrigation improvements along the right-of-way lines. Performance time for Bid No. 00-3098 is 120 calendar days for substantial completion and 240 calendar days for all work and final acceptance including the FDOT warrantee period. FISCAL IMPACT: Funds in the amount of $417,733.00 are budgeted in Fund 104. A Budget ~'~'~ Amendment in the amount of $209,700.95 fi:om Fund 313, Reserves, will be required to fully fund this phase of the Project. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Award a construction contract to Hannula Landscaping, Inc., in the bid amount of $627,433.95. (2) Direct the Board Chairman to execute the construction contract with Hannula Landscaping, Inc. (3) Direct staff to implament the necessary budget amendment. SUBMITTED BY: .~f~r~o ~ Date: ~-~c~'OO Gerald N. Kurtz, E.I., E'ngineer 1I Transportation Engineering and Construction Management Department REVIEWED BY: ~a//~_LL~ / Date: Gwen Butler J ~a.s.~neral Services REVIEWED BY Edwm'd J: ~,.,Director Date~ Trans/~/~fi?t)~Op erations Department ~PRO~D BY: Date: or 7 A~ac~mts: ~id Tabulation ,2) Bid Rehsions FROM HANNULA LANDSCAPING INC PHONE NO. 94149815818 Au9, 24 2000 04:16PM P1 8124/00 VIA Fax 774-9370 Collier Cottory Govm'nment Transportation Engin~qng A'l'llq: Jerry Kurtz Re: Bid #9~81'7~ C~-3Oq~ SR90 US 41 Tamiami Trail East Phase A Value Engineexing Below i~ our value eagineering in accordance with our meeting of 8/23/00. L Base conm~ Air.hate Bid Item Phase II Total phstqe I ~d II Fl. Value En~ineerina 1 Delete: Item 4, 90-day Warranty 2 Delete Reduce Item 5 Site Prep & Gtad~ 3 Delve lmm 6 Premium Red Mulch 401 eu yd ~ 50.55 Phase I 25.5 eu yd (~ 50.54 Phase II Add 426.5 Flora Mulch ¢u yd 4 Delete 15 Live Oaks 200 gal 16-18'x 10' spr 6" calip Add 18 Live Oaks 100 gal 14-16' x 8-10' 3.5-4" calip 5 D~lctc 1 Motorola Irrinet 16 Station Contxollent Rain S~msor Delete 3 Motorola Scorpio 8 Station Controllexs & Rain Sensor Add 1 R~i-bird ESP 16 MC Ctmtmllex & Rain Sensor Add 3 Rainbird ESP 8 MC Contxoller & Rain Sensor ~ $1,454.00 each Co~aact Prior to Revisions Total Additions Total Deletions ~ Co~tr~4t Amount Net Reduction 573,889.50 115,560.27 689,449.77 -23,500.00 -6,00O.00 -20,270.55 -1,288.77 17,486.50 -20,520.00 15,750.00 -14,425.00 -16,500.00 2,890.00 4,362.0O 689,4a9.77 40,488.50 -102,504.32 62,015.82 AGENDA ITEM No. ~, ~ ~, S£P 12 2000 EXECUTIVE SUMMARY APPROVE RESOLUTION AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A LANDSCAPE INSTALLATION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR EAST U.S. 41 PHASE "A" LANDSCAPE IMPROVEMENTS. OBJECTIVE: Board adoption of a Resolution for the U.S. 41 Phase "A" landscaping project authorizing the County Manager, or his designee, to enter into a landscape installation and maintenance memorandum of agreement with the Florida Department of Transportation (FDOT). CONSIDERATIONS: As authorized and directed by the Board on 3 August 1999 [Agenda Item 8(B)6], staff completed the final design activities for landscape improvements along East U.S. 41 between Davis Boulevard and Rattlesnake Hammock Road. Consistent with Board stipulations, this 2.9 mile highway landscape project is being implemented in two distinct construction phases: Phase "A" as the first construction segment: Davis Boulevard to Airport-Pulling Road (1.2 miles) having a planned construction start of October 2000; and Phase "B" as the second construction segment: Airport-Pulling Road to Rattlesnake Hammock Road (1.7 miles) having a planned construction start of January 2001. Staff is preparing to go to construction on Phase "A". In order to secure a construction permit to work within the FDOT road right-of-way the County will need to (1) adopt a resolution to enter into maintenance memorandum agreement and (2) execute the maintenance memorandum agreement. !'~,~FISCAL IMPACT: The maintenance of $75,000 per year has not been budgeted in the FY 01 budget. U"~on aTpro-~al o'-~ th'--~s executive summary, the $75,000 will be requested by a resolution for the final public budget hearing adding the $75,000 to the FY 01 budget. Funding for this maintenance will come from the MSTD General Fund. Source of funds is Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution for the U.S. 41 Phase "A" landscaping project, and direct and authorize the County Manager, or his designee, to execute the maintenance memorandum agreement. SUBMITTED BY: ~~1' E.I.,E~~ e Date: ~ -~' - ~ Gerald N.Kurtz, r II, Transportation Engineering and Construction Management Department REVIEWED BY: APPROVED BY: N~or~a~ired[: Jdministrator sportat.ion Division 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 65 66 67 68 69 70 71 72 73 74 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A LANDSCAPE INSTALLATION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF PHASE "A" LANDSCAPING AND RELATED BEATIFICATION IMPROVEMENTS LOCATED ON A PORTION OF STATE ROAD 90 (U.S. 41, TAMIAMI TRAIL) BETWEEN S.R. 84 (DAVIS BOULEVARD) AND C.R. 31 (AIRPORT-PULLING ROAD) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AND, PROVIDING AN EFFECTIVE DATE THEREOF. WHEREAS, the median and roadside areas within the State of Florida Department of Transportation, S.R. 90 (U.S. 41, Tamiami Trail) right-of-way between S.R. 84 (Davis Boulevard) and C.R. 31 (Airport-Pulling Road) are capable of receiving and sustaining landscape beautification ~mprovements; and, J WHEREAS, on August 3, 1999 pursuant to Agenda Item 8(B)6, the Board of County Commissioners approved a project sequence and timing plan for implementing landscape beautification improvements along S.R. 90 between S.R. 84 (Davis Boulevard) and C.R. 864 in two distinct and separate phases with Phase "A" being designated as that initial segment between S.R. 84 and C.R. 31 (approximately 1.2 miles) and with Phase "B" being designated as the second segment between C.R. 31 and C.R. 864 (approximately 1.7 miles), both phases to be constructed wholly with Collier County funding; and, WHEREAS, the Board of County Commissioners intend, through the adoption of this Resolution, to authorize the County Manager, to execute and enter into a Highway Landscape Installation And Maihtenance Memorandum of Agreement between the Board of County Commissioners of Collier County, Florida, and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. The Board of County Commissioners of Collier County, Florida, hereby direct and authorize the County Manager to execute and enter into a Highway Landscape Installation And Maintenance Memorandum of Agreement for Phase "A" median and roadside landscape beautification improvements along S.R. 90 between S.R. 84 and C.R 31 (approximately 1.2 miles) within the unincorporated area of Collier County. Section 2. The Clerk to the Board of County Commissioner is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Barrow, Florida. Section 3. This Resolution shall take effect immediately upon adoption. ADOPTED by the Board of County Commissioners of Collier County, Florida at regular meeting assembled this day of September, 2000. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Timothy J. Constantine, Chairman Approv~m and legal sufficiency: Robber t Za-"e ha~' Assistant County Attorney AGENDA iTEM SEP 1 2 20O0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ., 20 _, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and Collier County, hereinafter referred to as the "AGENCY". WITNESSETtl Wlt'lC~REAS, the DEPARTMENT has jurisdiction over and maintains State Road 90 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvemeres within the unpaved areas within the right-of-way of State Road 90; Section 03010 from 1W_tle Post 4.185 to 1W_tle Post 15.835, hereinat~er referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for emering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated , a copy of which is attached hereto and made a part hereof, has authorized its County Manager to enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on 9/14/9.9, to the following utilities/mum'cipalities: FPL, Collier CounW Public Works, Wastewater Department, Water Department, Sprint, Media One Cable and City of Naples Water & Sewer. o) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. No. t t., ~!.'3 S£P 12 2OO0 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 1 ~, n,0, Horida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-00 l- c), as they may be amended from time to tune. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report ifs deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission oft he AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and workers compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed bythe AGENCY and the DEPARTMENT's right-of-way returned to its original condition.- ~ ai~er thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: (a) within tho. limita of said l~roject with A O IT Maintain the landscape improvements [ No. O~J I (b) DEPARTMENT's coreractor or personnel and charge the AGENCY for the reasonable value of said work; OR Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. -~ 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WI~REOF, the parties hereto have caused these presents to be executed the day and year first above written. COLLIER COUNTY NAPLES, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: County Manager District Secretary ATTEST: (SEAL) ATTEST: .(SEAL) TITLE: Executive Secretary H:/d~no/ahareda. and~mo'x/~t90bamoa. doe Approval as to Form & Legality: District Legal Coun~l ' ^OaN & -raj " SEP 1 2 2000 % , EXECUTIVE SUMMARY UPDATE TO THE PUBLIC TRANSPORTATION DEVELOPMENT PLAN (PTDP). ~)~CTIVE: That, as the governing agency for transit, the I~CC adopt the attached Public Transportation Development Plan (PTDP) FY 2001 - 2005 update and direct staff to submit the plan to the Florida Department of Transportation (FDOT). CONSIDERATIONS: The attached update contains two parts: 1. Goals, Objectives and Strategies The original Goals and Objectives from the FY 2000-2004 PTDP as prepared by Tindale-Oliver and Associates, Inc. and the progress made during FY 1999-2000. The seven tasks in the Public Transportation Operation Plan (PTOP) and progress made during FY 2000-2001. New Goals and Objectives for FY 2001-2005. 2. Priorities as identified in the Budget Transit Capital Expense and Revenue FY 2001 - 2005. No Unfunded Expenses. Transit Operating Expense and Revenue FY 2001 - 2005. No Unfunded Expenses. Paratransit Capital and Operating Expense and Revenue. No Unfunded Expenses. Transit and Paratransit Expense and Revenue combined. Soft match requirements The MPO adopted the attachment for inclusion in the first minor update to the PTDP during the August 4, 2000 meeting. Fiscal Impact: None. Grov,~h Management Impact: None. Recommendations: Staff recommends that the Board adopt the 2001 - 2005 Public Transportation Development Plan Update and authorize all budget amendments required for the receipt of gra~nds identified~n the/PTDP. Prepared by: (~ ~/2f~ Date: 09/05/00 13avid P. Hope~ublic T~ansp~rtation Manager Reviewed by: ,'~ ./ Date: 09/05/00 Gavin Jone~r '.E., Transp}0rtation Planning Manager Approved by: Date: Norm~/~Feder, Trans~o~ation Services Admimstrator _ ! No. ~1, ~ ~.~'~ SEP 1 2 2001) Pg. o oo ~ ] --0 C-- --0 C-- E--~ o · ~E o o C: L_ ._~ oo (.,1° ~ I --0 C-- 0 ~ ~E o AGENDA, ITEM No. SEP 1 2 2000 --0 E--~ __ ~E c~ o 0 I,. C-- E'~ 0 ~ ~E o 0 ExEcuTIVE SUMMARY AUTHORIZATION FOR METROPOLITAN PLANNING ORGANIZATION TASK ORDERS. Obiectives: Authorize the Transportation Planning Manager to execute the task orders in excess of $25,000 referenced below for work done by consultants to the Metropolitan Planning Organization (MPO). Considerations: On June 23, 2000 the MPO amended its budget (Unified Planning Work Program or UPWP) for the fiscal year beginning July 1, 2000. In that amended UPWP, the MPO agreed to budget $130,000 for the completion of the Long Range Transportation Plan Update, $88,000 for the completion of the Public Transportation Operation Plan, and $70,000 for the completion of two Congestion Management System Annual Monitoring Reports. The contracts resultant of RFP 98-2902 as signed by the Chairman of the MPO on 9-9-99 provides for task orders to the Consultants. Ratification and approval of this contract is requested of the Board, to include all task orders previously issued under this Agreement. Such consultant work always appears as a separate task in the UPWP. On July 31, 1998 the MPO authorized the MPO staff director to approve expenditures without formal MPO action that were consistent with the UPWP and County Purchasing Department policy. County Purchasing Department policy requires Board of County Commissioners (BCC) approval for task orders in excess of $25,000. It also requires the Board to ratify and approve the MPO contracts, to ensure the validity of all task orders issued under them to date and in the future. Fiscal Impact: None. Growth Management Impact: None. Recommendations: 1. Staff recommends that the Board ratify and approve the contract between the Metropolitan Planning Organization and four consulting firms dated September 9. 1999 (from RFP #98-2902) and all task orders issued under those contracts to date (Public Transportation Operation Plan Part I - Tindale Oliver - $25,000). 2. Staff recommends that the Board authorize the Transportation Planning Manager to execute the following MPO task orders: · Task Order 2000-2: Long Range Transportation Plan Update Part I - WilsonMiller - $45,500; o · Task Order 2000-3: Public Transportation Operation Plan Part II - Tindale Oliver - $62,349; · Task Order 2000-4: Annual Congestion Management System Monitoring-David Plummer and Associates - $34,500; and · Task Order 2000-5: Long Range Transportation Plan Update Part I1 - WilsonMiller - $70,983. Prepared by: ~4~°~-~--~ ~(~g:~e~ Gavin Jones, PE, AICP, In, rim Transportation Planning Director Reviewed by: Approved by: G~,~r~rff/)_hasing Director 4q;m~n Fedte~, ~a~s3ortation Administrator Date: ~ -/4 - () ~) EXECUTIVE SUMMARY APPROVE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY WILSONMILLER, FOR SANTA BARBARA / LOGAN SIX-LANING DESIGN FROM RADIO ROAD TO PINE RIDGE ROAD, PROJECT NO. 62081, CIE NO. 56 OBJECTIVE: To receive Board's approval of the negotiated contract for Professional Engineering Services by WilsonMiller for the Santa Barbara / Logan design project. CONSIDERATIONS: On June 13, 2000, the Board authorized staff to begin contract negotiations with the top ranked firm for Professional Engineering Design and Permitting Services for the Santa Barbara / Logan Boulevard widening project (RFP $$00-3062). Staff began contract negotiations with WilsonMiller, the number one ranked firm and has successfully completed the scope and cost of the design and permitting services with WilsonMiller as summarized below: ITEM WM,Inc. Subconsultants TOTAL 30% Submittal $516,155 $128,048 $644,203 60% Submittal $591,445 $171,000 $762,445 90% Submittal $464,625 $73,840 $538,465 100% Submittal $154,670 $14,940 $169,610 Post Design Services$70,380 $42,969 $113,349 TOTALS $1,797,275 $430,797 $2,228,072 TOTAL CONTRACT AMOUNT $2,228,072 A copy of the Scope of Services and Fees Schedule are attached. ,.FISCAL IMPACT: Funds for this project will be available October 1, 2000 in the FY'01 budget. Funding will come from the Gas Tax supported Transportation Capital Fund and Impact Fees. Source of funds are Gas Tax and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No.56 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the contract amount and authorize the Chairman to sign the standard County Professional Services Agreement. ~ Richard ~I. Hellriegel; P.E.] Se~r P;oject Manager Transpotation Engineering find Construct No. I~_, ~-- SEP 1 2 2000 Executive Summary Santa Barbara / Logan Blvd. Design Contract, Page 2 of 2 Edward J. Kant, Director, Transpo?t~f6h/~S~ s Department Gw~n Butler, Interim Director, Purchasin~/G~neral No~an Fe~r, ~dministrator · Tr~nspo~atmn Division Date: Attachments: Scope of Services Fee Schedule 'AGENDA ITEM No. I[, t~,_~T _ SEP 12 iOO0 4.4.7. One (1) copy of project correspondence required to document design decisions reached during development of the plans at each design review interval as applicable. Plan Sheet Scales: Final Plan sheets shall be prepared at the following scales based on 24"X36" sheets: Description Horizontal Vertical Scale Drainage Map Sheet(s) Typical Section Sheet(s) Roadway Plan & Profile Sheets Intersection Detail Sheets Cross-Section Sheets Drainage Structures Sheets Traffic Control Plans Utility Adjustment Sheets Signing & Pavement Marking Plans Lighting Plans Signalization Plans Scale 1 inch = 200 1 inch = 5 feet feet N/A N/A 1 inch = 30 feet 1 inch = 2 feet 1 inch = 30 feet N/A 1 inch = 5 feet 1 inch = 5 feet 1 inch = 5 feet 1 inch = 5 feet I inch = 30 feet N/A 1 inch = 30 feet 1 inch = 4 feet I inch = 30 feet N/A I inch = 30 feet N/A 1 inch = 30 feet N/A Preliminary Engineering Reports: Prepare and submit the following preliminary engineering reports for COUNTY approval prior to proceeding with the design of the project: 6.1. Roadway Design Report 6.1.1. Identify Design Controls including design speed, design traffic, functional classification, and access management classifications. Document project specific design criteria and variances. 6.1.2. Provide alternative roadway and bridge typical sections and evaluation criteria for comparative analysis. Identify the right-of- way requirements for each alternative typical section. 6.1.3. Analyze horizontal and vertical geometry including horizontal alignment alternatives as it relates to right-of-way requirements. Review stopping sight distance requirements at intersections. AGENDA. ITEM ' No. I C- (-5 ;~,~-- SEP 12 2000 Scope of Services Professional Services Agreement Santa Barbara/Logan Blvd. Six-Laning Improvements from Radio Road (CR 856) to Pine Ridge Road (CR896) Collier County Project Number 62081 $;18/00-79148 VER: 03!-PGRAHAM 00075-002-291--0 Project Description 1.1. Services required of the CONSULTANT involve furnishing, providing, and performing engineering analysis, surveying, design, contract plans, technical specifications, right-of-way mapping, and permitting services in connection with planned six-laning (curb and gutter) improvements along Santa Barbara/Logan Blvd. from Radio Road to Pine Ridge Road, a distance of approximately 5.45 miles (including transitions and major intersection approaches). 1.2. This six-laning roadway Project shall be designed by the CONSULTANT upon receipt of a written Notice-to-Proceed (NTP) with services to be issued by the COUNTY as more particularly described herein. It is expected that the Santa Barbara/Logan Blvd. six-laning improvements will require the acquisition of additional right-of-way as determined by consultant during performance of services. Design References and Standards 2.1. Construction plans shall include design and construction requirements for the six-laning of Santa Barbara/Logan Blvd. including roadway and drainage design, maintenance of traffic, signing and pavement markings, signalization, lighting, and bridge design. The above plans shall be prepared in accordance with current standards contained in the FDOT Plans Preparation Manual, 2000 and special requirements of the Collier County Transportation Engineering and Construction Management Department. 2.2. Specific design and construction references, aids and standards shall include, but will not necessarily be limited to, the materials listed below. These design reference materials shall be the latest edition materials in effect at the time of Notice to Proceed of the Services Agreement for Project. 2.2.1. FDOT Plans Preparation Manual 2.2.2. FDOT Procedures Manual for Flexible Pavement Design 2.2.3. FDOT Drainage Manual 2.2.4.FDOT Basis of Estimates and Computations Manual 2.2.5.FDOT Standard Specifications for Road and Bridge Construction 2.2.6.Manual on Uniform Traffic Control Devices 2.2.7.AASHTO Policy on Design of Urban Highways and Arterial Streets 2.2.8.Public Rights-of-Way Construction Standards Handbook (1982 edition, Collier County Ordinance 82-91 as amended) (as applicable) 2.2.9. FDOT Utility Accommodation Manual 2.2.10. Collier County Utilities Division Utility Standards and Procedures Manual (as applicable) 2.2.11.AASHTO Standard Specifications for Highway Bridges i AGENDA ITEM No.. I SEP 12 2000 6,4. South Florida Water Management District. 6.3.4. Evaluate opportunities to meet water management requirements in swales contained within the existing right-of-way, where applicable. 6.3.5. Determine right-of-way requirements for off-site detention ponds. Identify vacant tracts of land which may be best suited for acquisition as detention pond sites to meet water management requirements. Perform comparative analysis of alternative pond locations for each sub-basin. 6.3.6. Summarize data and recommendations in a report (two copies) to be provided no later than the 30 percent plans submittal. Noise Analysis Report 6.4.1. The noise evaluation for the project will be conducted following procedures outlined in Chapter 17 of the Florida Department of Transportation (FDOT) Project Development and Environment (PD&E) Guidelines. The evaluation will determine whether the project will cause or contribute to noise levels that approach or exceed the Federal Highway Administration's (FHWA's) Noise Abatement Criteria (NAC) or cause noise levels to increase significantly over existing levels. Noise will be evaluated at all existing and/or planned noise sensitive sites. 6.4.2. Model Validation To validate the computer model to be used in the analysis (the recently released and FDOT-approved TNM model), field noise measurements will be conducted along the project corridor. The measurements will be conducted in accordance with FHWA's Measurement of Highway-Related Noise. 6.4.3. Model Existing and Future Conditions Once validated, TNM will be used to predict noise levels at noise sensitive sites for the existing condition and for future conditions with and without the proposed improvements. It is assumed that one (1) build alternative will be modeled. 6.4.4. Noise Abatement Measures Noise abatement (reduction) measures will be evaluated for all sites where the future noise level with the project is predicted to approach or exceed the NAC and for sites where the future noise level significantly increases from existing levels. Abatement measures will include, but not be limited to roadway alignment modifications, traffic management measures, and construction of noise barriers. All AGENDA ITEM No. ooo 4. Submittals of Plans and Documents: 4.1. Preliminary Engineering Reports: Two Sets of the Roadway Design Report, Traffic Engineering Report, and Drainage Design Report will be submitted no later than the 30% design stage. The Noise Analysis Report will be submitted in conjunction with the 60% Design Plans. 4,2. 4.3. 4.4. 00075-002-291--0 Review Plans: Submit the following review plans: 4.2.1. Four (4) sets of progress plans for review by the COUNTY at 30%, 60%, 90% and 100% completion intervals. 4.2.2. One (1) set of plans for each affected utility agency/owner at 30%, 60%, and 100% design completion intervals only. Utilities that may be affected including COUNTY Utilities Department, Sprint Communications, Florida Power and Light, AT&T, Media ©ne cable, TECO, People's Gas, and Time Warner cable, and any other affected utility at the time of submittal. Final Plans: Final design plans shall be 24x36-inch in size. Submit the following final plans for the Project: 4.3.1. One (1) set of original mylar drawings. 4.3.2. One (1) set of signed and sealed plans in accordance with applicable Florida Statutes. Design Computations and Supporting Documents: 4.4.1. Two (2) copies of the quantity computation book in FD©T computation format at 100% design interval. 4.4.2. Two (2) copies, signed and sealed, of survey field notes at the 100% design interval. 4.4.3. One (1) copy of contract documents as outlined under Subarticle 3.3 at the 100% design interval. 4.4.4. Qne (1) copy of probable construction cost estimates at the 30%, 60%, 90%, and 100% design intervals. 4.4.5. One (1) copy of Auto Cadd (converted from Microstation) drawing files for the Project at the 100% design interval on Compact Disc. 4.4.6. Two (2) copies of required environmental permits for the Project at the 60% design interval and as amended due to permitting agencies reviews. AGENDA ITEM No. SEP 1 2 2000 7.2.6. Jurisdictional Line Survey Jurisdictional lines will be surveyed within the existing and proposed rights-of-way to a maximum of 5000 linear feet. 7.2.7. Roadway Cross-Sections: A Digital Terrain Model will be provided to the designer such that cross-sections can be cut along the centerline at needed intervals. 7.2.8. Intersection Surveys: Survey the following major intersecting streets along the PROJECT: Radio Rd., Golden Gate Parkway, Green Blvd. and Pine Ridge Road. Minor intersecting streets will also be surveyed as required by the designer. The limits shall be 1000 feet along each side-street leg at major intersections and 500 feet at minor intersections measured from the centerline of Santa Barbara/Logan Blvd. The survey shall consist of alignment, topography, cross-sections, utilities and an angle-station tie to the construction control line. 7.2.9. Utilities: Coordinate with utilities locating service to mark the location of major utilities within the Project limits (below ground surface). The CONSULTANT shall horizontally locate the flagging, paint, etc. as marked by the locating service showing the approximate location of utilities at all major and minor intersections. Geotechnical Investigation: (See attached Scope of Work and Fee - Forge Engineering, Inc.) Utility Coordination: 9.1. Conduct a pre-design conference with affected utility owners/providers and COUNTY representatives for the Project. Additional coordination efforts shall consist of telephonic contacts and inquiries, exchange of written correspondence, meetings, exchange and submission of respective utility and PROJECT design and plans. The purpose of this coordination will be to strive for the timely and cost effective resolution of conflicts with existing and planned utility facilities. 9.2. The CONSULTANT is not required to perform, provide, and furnish utility engineering, design, and plan preparation services for any private and public utility facilities. The CONSULTANT may enter an agreement to design the relocation of COUNTY owned facilities under separate authorization at the time the required relocations are known. CONSULTANT shall show all existing and planned utility facilities made known to the CONSULTANT from field surveys and utility owners on the Utility Adjustment Sheets. Field verification of existing utilities will be performed under separate authorization at the time critical locations have been determined. Changes to the initial g/lg/00-79148 VER 031-PGRAHAM A(~Ni:i~ ITE~M ' SEP 12 2000 6.2. 6,3, 6.1.4. Summarize the above in a roadway design report and submit 2 copies with the 30% submittal. Traffic Engineering Report 6.2.1. Compile currently available weekday AM and PM peak hour turning movement volumes for the following 7 signalized intersections with Santa Barbara/Logan Blvd. provided by the COUNTY: Radio Rd., Devonshire Blvd., Recreation Lane/Prince Andrew Blvd., Golden Gate Parkway, Coronado Parkway, Green Boulevard, Pine Ridge Road, 6.2.2. Review available traffic forecast data from the COUNTY and the Metropolitan Planning Organiza.t. ipn (MPO). Develop traffic forecast for AM and PM peak hour turning movements in the opening year and design year 2025. 6.2.3. Coordinate design requirements with the City of Naples/Collier County Computerized Traffic Signal System. This may including the design of interconnect cable and conduit in traffic signal plans. 6.2.4. Utilize the collected traffic data in the "Synchro" timing optimization software (version 4) to determine AM peak and PM peak signal timing parameters. The timing parameters will include the following values: controller phasing, cycle lengths, splits, minimum and maximum green times, extension intervals and clearance times. Utilize projected traffic data to analyze required turn lane and queue lengths for all approaches for 7 signalized intersections. 6.2.5. Review existing median openings with respect to Collier County Ordinance 92-442, Access Management. Make recommendations regarding modifications to existing median openings. 6.2.6. Summarize data, method of analysis, and recommendations in a report to be submitted (two copies) no later than the 30 percent design stage. Design Report Gather relevant information regarding existing and proposed drainage conditions adjacent or connected to the Project. This will include compiling previous basin studies, County drainage atlases, and pertinent surface water management permits and reports for adjacent properties. Prepare a drainage map depicting existing on-site and adjacent off-site flow patterns, basin boundaries (contributory areas), drainage structures, and other pertinent information. The drainage map will utilize recent aerial photographs as base maps. Drainage 6.3.1. 6.3.2. 6.3.3. Document design criteria to be utilized for design of the stormwater management system. The system will be designed to meet the quality peak dischargeI No._/:~'~ _ I water and attenuatiU, J ~ ~.%2~'.1~: ,~,~ th,, / SEP 1 2 2000 / 13. 14. 15. 16. 17. 18. Maintenance of Traffic Plans: The CONSULTANT is required to design and prepare plans for traffic control for all phases of construction. It is anticipated that typical sections and plan sheets depicting temporary pavement, temporary markings, temporary barriers, temporary drainage details, and construction zone signing will be required for three (3) construction phases. Plans details will conform to requirements specified in the FDOT Plans Preparation Manual. Highway Lighting Plans: The Project design and plan preparation shall include a complete highway lighting design for the Project from Radio Rd. to Pine Ridge Rd. Lighting for side streets is not included in this proposal. "' Signing and Pavement Marking Plans: The Project design services shall include design and plans preparation for ground mounted and overhead signing as applicable, and pavement markings. Signalization Plans: Signalization shall be designed for the Radio Rd., Devonshire Blvd., Recreation Ln./Prince Andrew Blvd., Golden Gate Pkwy., Coronado Parkway, Green Blvd., and Pine Ridge Rd. intersections with Santa Barbara/Logan Blvd. Traffic Signals will be designed utilizing a rigid support systems such as cantilevered mast arms or a simply supported monotube. Right-Of-Way Sketch and Description Mapping: 17.1.It is assumed that an ownership and encumbrance report will be provided to the CONSULTANT by the COUNTY. 17.2. The CONSULTANT Shall submit recommendations on additional rights-of- way and/or easements, as deemed necessary to accomplish the Project construction at the 30% design interval. 17.3. The CONSULTANT shall prepare and furnish up to eighty-five (85) certified sketches of survey and legal descriptions for all additional rights-of-way and/or easements that might be required and authorized by the COUNTY. These sketch and descriptions will not be on the ground surveys. 17.4. The CONSULTANT shall prepare a master of right-of-way map, the COUNTY will provide the parcel numbers for the maps. For the purpose of this proposal the term right-of-way map shall be construed as being an overall map depicting those areas in which certified sketch and descriptions have been prepared by the CONSULTANT. Environmental Services: 18.1. Assumptions 18.1.1. No U. S. Fish and VVildlife Service Section 7 Consultation is anticipated; therefore this scope of services excludes Section 7 "'AGENDA ITEM No. SEP 1 2 2000 alternative abatement measures will be evaluated using the FDOT reasonable and feasible criteria. 6.4.5. Noise Study Report (NSR) The results of the analysis will be documented in a NSR for the project. It is assumed that one (1) draft report will be prepared prior to the final report. 6.4.6. Project Coordination Meetings To coordinate the analysis of the project improvements, obtain data for and discuss results of the analysis, it is assumed that three (3) project coordination meetings will be required. Design Survey: 7.1. A Subconsultant will collect topographic survey data utilizing Photogrammetric mapping technology. Consultant will supplement the aerial data with conventional ground survey as needed to produce a certified digital terrain model (DTM).The field survey shall be limited to areas described in ACA Proposal # 10834.1, dated June 23, 2000 (see attached). Horizontal data will be based on NAD 1983 as readjusted in 1990, Florida State Plane Coordinates (East Zone) and Vertical data on NGVD 1929. 7.2. In addition to the above, the following field survey tasks will be performed: 7.2.1. 7.2.2. 7.2.3. 7.2.4. 7.2.5. Establish references on thirty-seven (37) control points to perpetuate the centerline of construction as established by the designer, control points to coincide with aerial ground control targets, subject to the pre-approval of the COUNTY. Establish thirty-three (33) permanent benchmarks at various locations, subject to the pre-approval of the COUNTY. All benchmarks shall be set at intervals not exceeding 1,000 feet. Establish approximately one hundred and fifty (150) horizontal/vertical ground control targets for aerial photogrammetric mapping. Verification of existing conditions in densely vegetated and obscured areas due to tree canopies as referenced in the aforementioned ACA proposal. The field survey shall be limited to 50 feet beyond the existing right-of-way lines along the planned six-lane corridor and 10 feet beyond side street rights-of-way, as required. Determine approximately one hundred (100) invert elevations/flow lines/grate elevations, etc. on various storm structures, culverts etc. as requested by .the designer for determination of drainage design. "' AGENDA I'~EM ' No. SEP 1 2 2000 18.2.3. 18.2.4. 18.2.5. 18.2.6. the probable extent of jurisdictional wetlands under the regulatory jurisdiction of the Corps. Coordinate a site visit with the Corps staff for field verification and approval of wetland delineation. Protected Species Survey 18.2.3.1. Research existing information regarding potential and reported protected species occurrences in the project area. Following the research, WilsonMiller will conduct a site survey for federally and state listed species in accordance with accepted methodologies of the Florida Fish and Wildlife Conservation Commission and Collier County. 18.2.3.2. Prepare a report of the results of the survey and prepare an exhibit of species observations and transect locations. Wetland Mitigation Prepare a Wetland Rapid Assessment Procedure (WRAP) analysis and review with Client, which will be used if off-site mitigation is required. SFWMD Environmental Resource Permit (ERP) Application 18.2.5.1. Attend one pre-application meeting with the South Florida Water Management District (SFWMD) in Fort Myers. 18.2.5.2. Prepare materials/exhibits/information for the SFWMD ERP Permit application. 18.2.5.3. Attend three (3) meetings with Client as requested with regard to this application. SFWMD ERP Application Processing Services 18.2.6.1. Attend four (4) meetings with SFWMD in Fort Myers to facilitate the processing of the permit application. In addition, provide liaison with SFWMD during the processing of this application. 18.2.6.2. Prepare responses to requests for additional information from SFWMD regarding the SFWMD permit application. 18.2.6.3. Prepare for and conduct a Project site visit with SFWMD. lAGENDA ITEM No._. /~rf~ _ SEP 1 2 2000 10. 11. 12. disposition of existing and planned utilities which affect the design plans shall be negotiated as a supplemental agreement and will include any other affected work. Minimum Roadway Plans Content: Minimum plan submittal requirements for each design status interval for the Project shall be in compliance with the requirements of the FDOT Plans Preparation Manual, January 2000. The COUNTY reserves the right to reject plans prepared which it deems in deviation from these standard requirements. Bridge and Structures Design: (See attached Scope of Work and Fee - Jenkins & Charland, Inc.) Drainage Design: 12.1. Design of the stormwater management system will be based on the approved recommendations contained in the Drainage Design Report and in accordance with SFWMD requirements and criteria contained in the FDOT Drainage Manual. Once the Drainage Design Report is approved by the COUNTY, any changes including the type of system or location of detention ponds, shall be negotiated as a supplemental agreement and will include any other affected work. 12.2. Coordinate a pre-design meeting with the COUNTY and SFWMD. The approved recommendations contained in the Drainage Report will be presented and design criteria clarified. Control elevations previously determined will be verified with SFWMD staff. 12.3.Research the characteristics of the off-site receiving water body to determine the tail-water conditions for the stormwater runoff calculations. 12.4. Prepare soil storage, surface water quality, and curve number calculations for the Project. Prepare a 25 year, 3 day stormwater routing model using "ICPR" software for pre and post project conditions. 12.5. Design the storm sewer pipes, stormwater detention ponds, swales, and/or exfiltration trenches and outfalls as determined appropriate for each basin of the Project. The design will include pond and swale cross sections, control structures, outfall pipe size, and flow lines. 12.6. Prepare and submit the SFWMD ERP Permit application in accordance with Chapter 17-25 (Regulation of Stormwater Discharge, Florida Administrative Code) and Chapters 40E-4 and 40E-40 of SFWMD. COUNTY will provide the application fees, signatures, and warranty deed for submittal. 12.7. Prepare a maximum of two (2) resubmittals in response to requests for additional information from SFWMD. Any subsequent resubmittals or responses to additional requests for information shall be considered an additional service and shall be negotiated as a supplemental agreement. The COUNTY shall pay the fees associated with such permits. i AGENDA ITEM 21. the COUNTY. CONSULTANT will and attend a total of up to 24 stakeholder/progress meetings as needed. Project Schedule: 21.1. 21.2. The Consultant shall prepare, furnish and maintain on a monthly basis a bar chart schedule for the PROJECT design services. In preparing the bar chart schedule, the scheduling of all design activities shall be the responsibility of the CONSULTANT, with the exception that the establishment of certain critical milestone dates shall be the responsibility of the COUNTY as described herein. The design and plan pr. eparation services for the Project must be completed in their entirety on or before the 550 calendar days after the effective Notice- to-Proceed date issued for the Project. Design milestone dates are listed hereinafter. Within the 550 calendar-day time period specified for performance of all design plan preparation and permitting services, submit review plans and accompanying pertinent data at the 30%, 60%, 90%, and 100% design status activity intervals. These submissions are mandatory and shall be reviewed by the COUNTY in accordance with the schedule submittal dates shown below. Project design status submittals 21.4.1. 21.4.2. 21.3. 21.4. 21.4.3. 21.4.4. 21.4.5. 30% Design Status: Submit no later than Proceed date for the 60% Design Status: Submit no later than Proceed date for the 90% Design Status: shall be done as follows: 180 calendar days after effective Notice-to- Project. 405 calendar days after effective Notice-to- Project. Submit no later than 495 calendar days after effective Notice-to- Proceed date for the Project. 100% Design Status: Submit no later than 550 calendar days after effective Notice-to- Proceed date for the Project. The COUNTY anticipates that a (maximum) (3) three-week formal review and critique period will be necessary for each highway design status activity interval specified for all roadway design services upon receipt of plans and accompanying information from the CONSULTANT. It is understood by the parties that if any COUNTY review period exceeds 21 calendar days, the CONSULTANT shall have the option of pursuing a Supplemental SEP 12 2000 18.2. 18.1.2. 18.1.3. 18.1.4. 18.1.5. 18.1.6. Scope of 18.2.1. 18.2.2. Consultation related services including preparation of species management plans. The requirements and stipulations issued by the permitting agencies having jurisdiction over the Project will be incorporated into the construction plans and contract bid documents for road Project services. It is anticipated that mitigation for this project will be done off-site in a Mitigation Bank. The County will be responsible for the cost associated with such mitigation and will coordinate directly with a Mitigation Bank as it relates to purchase of off-site mitigation credits. Since mitigation is proposed fror~' a mitigation bank post permit compliance is not anticipated and is not a part of the proposed scope. An archaeological survey is not proposed. The project is located outside of the Collier County area of historical / archaeological probability. If a specific listed species is identified within the Project limits and a specific survey/investigation must be performed, the cost associated with this task shall be negotiated as a supplemental agreement. Services Vegetation Mapping/Soils and USGS Maps 18.2.1.1. Conduct field investigation to determine the current vegetation and land uses on the project site. Prepare a report and map of the existing land use and vegetation in accordance with the Department of Transportation's Florida Land Use, Cover and Forms Classification System (FLUCCS). 18.2.1.2. Prepare soils and USGS exhibits for use in the Project's permit application submittals. Wetland Jurisdictional Determinations 18.2.2.1. Conduct a field investigation to determine and delineate the wetlands under the regulatory jurisdiction of the State of Florida. Coordinate a site visit with the SFWMD staff for field verification and approval of the wetland delineation. 18.2.2.2. Conduct a field investigation to determine and delineate I $£P 12 2000 25.2. The CONSULTANT's Professional Services Fees herein do not include costs for permit application fees to respective environmental agencies. The cost for permitting shall be paid by the COUNTY in full upon submittal of a check request. AGENDA'ITEM No. ! f~ ~::L~,~,._~__ SEP 1 2 2000 19. 20. 18.2.6.4. Attend three (3) meetings with Client as requested with regard to the processing of the application. 18.2.6.5. Review and edit the draft staff report and permit issued for the Project by SFWMD. 18.2.7. Corps Section 404 Individual Permit Appfication 18.2.7.1. Prepare information for and attend one (1) pre- application meeting with the U.S. Army Corps of Engineers (Corps) in Fort Myers, FL. 18.2.7.2. Prepare information for and attend one (1) site visit with the U.S. Fish and Wildlife Service and the Corps. 18.2.7.3. Prepare and submit an application to the Corps. 18.2.7.4. Attend three (3) meetings with the Client as requested with regard to this permit application. 18.2.8. Corps Individual Permit Processing 18.2.8.1. Prepare and submit responses as required to issues raised by the Corps, U.S. Fish and Wildlife Services (FWS), and U.S. Environmental Protection Agency (EPA) concerning the Project's Corps Individual Permit Application. 18.2.8.2. Attend three (3) meetings with Corps in Fort Myers to facilitate the processing of the permit application. In addition, provide liaison with Corps during the processing of this application. 18.2.8.3. Review and edit the draft permit for the Project as issued by the Corps. 18.2.8.4. Attend six (6) meetings with the Client as requested with regard to the processing of the application. Opinion of Probable Construction Cost: Prepare an engineers' opinion of probable construction cost in accordance with each plans submittal. Public Involvement / Coordination Meetings: CONSULTANT will assist in the scheduling and prepare presentation materials for three (3) public involvement meetings. Public notification will be the responsibility of AERIAL CARTOGRAPHICS OF AMERICA, INC. June 23, 2000 Mr. Drew Beck and Mr. Wayne Hart WILSONMILLER, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Subject: Santa Barbara - Radio Rd. to Pine Ridge Road LAMP Project ACA Proposal #10834.1 Dear Gentlemen: Thank you for requesting a quotation to secure aerial photography and provide low level photogrammetric mapping of your project in Collier County, Florida. We understand the area is alignment is 4.6 miles in length. Additionally four (4) intersections totaling +8000 I.f. will also need to be mapped. A total of 5.9 miles is anticipated. A 200 foot corridor is proposed. We propose the following scope of services: Flight: Once the targets are in place, ACA will secure the aerial photography utilizing a Hughs 500 helicopter and a precision mapping camera to obtain black and white aerial negatives suitable for photogrammetdc mapping at the accura6ies described. Additional black and white aerial negatives will be secured for digital imagery at the scales you require. We recommend that the site be mowed prior to target placement and aerial photography. Photo Lab: Process the aerial negatives and produce one (1) complete set of black and white 9" x 9" contact prints. Ground Survey; Pertaining to the survey requirements, ACA will require _+150 horizontal/vertical targets. The approximate size of these targets should be 9" to 12" square. Premade sticky back targets are available or targets can be painted using a template. Targets for LAMP must be contrasting black and white square or triangles. We understand WilsonMiller, Inc. will be performing this function as per the attached specification. Should Aerial Cartographics encounter substantial problems in.the mapping process due to faulty ground control, the additional time extended will be billed at cost.. ACA will coordinate aerial targeting w~th the surveyor n order to ~m!',,- survey effort 1722 W. Ook Rid.cle Road. Orlondo, F: 32809 / SEP ! 2 2000 22. 23. Agreement for additional contract service time equal to the number of effective delay days. Coordination of Design Within Project Limits: Coordination of designs with adjacent land developers and contractors that may be performing work or improvements within or adjacent to Santa Barbara/Logan Blvd. rights-of-way will be the COUNTY's responsibility. CONSULTANT will be copied on all meeting and/or correspondence between COUNTY and such developers or contractors. Post Design Services CONSULTANT will attend pre-bid meeting, assist in the bid evaluation process, and attend the pre-construction conference. Provide clarifications as to the intent of design and address any unforeseen conditions or events as they occur. Perform shop drawing review for structural items as required by the specifications. 24. 25. Additional Services: The services to be provided by CONSULTANT are limited to those described above in the Scope of Services. All other services are excluded. Additional services which may be provided under separate authorization are listed below: 24.1.Landscape Architecture services 24.2.Planning services 24.3.Right-Of-Way Cost Estimates 24.4.Right-of-way acquisition assistance 24.5.Appraisal services 24.6.Design of utilities such as water distribution, wastewater collection and transmission, and irrigation/effluent distribution. 24.7.Field verification of existing utilities (Soft Dig) 24.8.Expert W~tness Testimony 24.9.Archeological Services 24.10.Environmental Audit(s) 24.11.Mitigation design 24.12.Construction Engineering Inspections Professional Services Fees: 25.1.See Attachment for Professional Services Fees which includes a breakdown of costs and man-hours. The Professional Services Fees include CONSULTANT's and Sub-Consultant's fees as applicable. Page 3 Mr. Drew Beck and Mr. Wayne Hart WilsonMiller, Inc. ACA Proposal #10834.1 June 14, 2000 Digital mapping and one (I) set of paper 1": 40' scale topographic check plots and 1" = 40' digital files. C. One (1) set of 1" = 40' and 1": 200' scale black and white digital raster image files on CD-ROM in HMR format. Fee Schedule: One hundred thousand two hundred sixty-three dollars $100,263.00 Fees will be valid for a pedod of ninety (90) days from date of proposal. Payment Terms: ACA will invoice monthly in accordance with percent complete. WilsonMiller, Inc. will advise as to monthly billing dates so as to insure the inclusion of ACA's invoices. WilsonMiller, Inc. will submit ACA's invoices to his client regardless if WilsonMiller, Inc. has an invoice. ACAwill be paid within ten (10) days after WilsonMiller, Inc. has been paid, without retainage. We understand that the normal payment schedule for Florida Department of Transportation projects is approximately 25 days. We appreciate the opportunity of submitting this proposal and look forward to working with you on this project. If acceptable, a space is provided for an authorized signature. We will consider the return of the signed original letter as our legal contract and Notice to Proceed. APPROVED AND ACCEPTED: By: Date: (Authorized Signature) Typed or Printed Name: I have read and agree to payment terms: Authorized Fee: (ptease initial) PO NO.: Very truly yours, AERIAL CARTOGRAPHICS OF AMERICA~ INC, Steven Kuda, P.S.M. Vice President SK./km Enclosure: LAMP Survey Requirements I- - -A(3END,~ITEM -- No._ j(, ,~ SEP 1 2000 .. June 26, 2000 FORGE ENGINEERING INc. FORENSIC, GEOTECHNICAL AND CONSTRUCTION CONSULTANTS Mr. Wayne Hartt WilsonMiller, Inc. 3200 Baillay Lane, Suite 200 Naples, Florida 34105-8507 Phone (941) 649-4040 Fax (941 ) 643-5716 Subject: Santa Barbara Road Widening Radio Road to Pine Ridge Road Collier County, Flodda Wayne, here is a breakdown of the services anticipated of FORGE for the subject project and our fee estimate for each phase of work. Task Estimated Fee 1) Roadway Soil Borings, Laboratory Testing, Evaluation and Report Preparation $~4.000 2) Bridge Soil Borings (excluding 1-75 bridge), Laboratory Testing, Evaluation and Report Preparation $ 9,200 3) Water Management Pond Drilling, Evaluation and Report Preparation $ 4,800 4) Existing Pavement Coring, Laboratory Testing, Evaluation and Report Preparation $18,500 5) Mast Arm Soil Borings, Laborator7 Testing, Evaluation and R,eport Preparation $10,o00 6) 1-75 Bddge Soil Bodngs. Laboratory Testing, Evaluation and Report Preparation $ 6,500 TOTAL $93,000 Call me if you have any questions or need additional information. F. or~ F_,n~.ineering, Inc. No. 6200 S~,~.(w' ST , SUIT[ 204, NAPLES, FLORIDA 34109 ' (941) 514-4100 ' FAX (941) 514-4161 DESIGN AND PERMI]-rlNG OF SANTA BARBARA/LOGAN BLVD COLLIER COUNTY DATE:6/13/00 JEINKINS AND CHARLAND, INC NOTE: BRIDGE WIDENING~A) GREEN CANAL BRIDGE WIDENING(B) GOLDEN GATE CANAL BRIDGE WIDENING(C) 1-75 :TEM (DF:S ONLY) PROJECT SENIOR BR MGR DES ENGR 30cY~ PLANS (INCL BDR FOR 1-75) BF~ IDGE WIDENIHC.~A) PL,AN/SECT/ELEV SHEET Ot~DER OF NAG COST ES1 32 2 P~R iDGE WIDENING(B) FL~NtSECT/ELEV SHEET ORDER OF MAG COST EST 4 ~R IDGE WIDENING(C) P L.ANIS ECTIELE'V SHEET ORDER OF NAG COST EST 12 100 2 4 TOTAL- 30% DESIGN 60% PLANS E,~IDGE WIDENING(A) Pi_AN/SECT/ELEV SHEET SUBSTRUCTURE DESIGN SLIPERSTRUCTURE DESIGN ~J~PR SL~81 OTHER DESIGN QUANTITIES/COST ESTIMATE Post-It* Fax Nole7671 F"" -ST 'r B.~IDGE WIDENING(B) PI_AN/$ECT/ELEV SHEET SLJBSTRUCTURE DESIGN SUPERSTRUCTURE DESIGN APPR SLAB/OTHER DESIGN QUANTITIES/COST ESTIMATE CAD TECH CLERICAL BRIDGE WIDENING(C) Pt_ANISECTIELEV SHEET SUBSTRUCTURE DESIGN SUPERSTRUCTURE DESIGN ~PPR SI_~J~J OTHER DESIGN QUANTITIES/COST ESTIMATE 2O TOTAL - F>O% PLANS 90% PLANS 48 J&C TOTAL $ 2 $ 84 4,2~0. DO 215.oo $ 2 $ 1 8 8 $ 12 16 $ 16 20 $ 2 4 1 2 I $ 8,~20.00 43000 1 8 8 $ 16 18 $ 32 24 16 20 $ 1 4 2 $ 2 16 16 42 48 20 24 I 6 13,340,00 27,785OO 1,215.00 1,880.00 2,440,00 380.00 310.00 1,215.00 2,240.00 4,0B0.00 2,440.00 525.00 Page 1 2,430.00 6,180.00 7,520.00 3.00000 7O5.00 $ 36.5~0.00 ' AGENDA ITEM No. / L~ ¢?--~"~ SEP 1 2 2000 Page 2 Mr. Drew Beck and Mr. Wayne Hart WilsonMiller, Inc. ACA Proposal #10834.1 June 14, 2000 M~ap~inq: Upon receipt of the ground control information from the surveyor and the completion of the analytical computations, ACA will stereoscopically compile a 200 foot corridor at the scale of 1" = 40' of the photo identifiable planimetdc features including edge of pavement and edge of curbed roads, parking lots, sidewalks, drainage structures, meters, valves, fire hydrants, utility poles, manholes and other indications of utility'~ystems, shorelines, ditches, wails, traffic stripping, fences, signs, railroads, bridges, joints and other miscellaneous planimetric features, DTM vertical data consisting of breaktines and spot elevation will also be collected. No vertical data will be collected in heavily vegetated areas. Mapping will be compiled digitally on a fully analytical plotter'and comply with the Florida Minimum Technical Standards. Mapping data will be edited for 1" = 40' scale and provided in MicroStation FDOT digital format. We request that WilsonMiller, Inc. supply the seed files for all MicroStation deliverables. Accuracy;_ All digital mapping will comply with the Florida Minir~um Technical Standards. Ninety percent (90%) of the well defined planimetric features as visible on the aerial photography will be plotted within 0.1 feet of its true location. The remaining ten percent (10%) of the well defined planimetric features as visible on the aerial photography will be in error not more than 0.2 feet. All vertical data will be collected as breaklines and spot elevatons. Ninety percent (90%) of the vertical data tested on hard pavement will be accurate within 0.05 feet and the remaining ten percent (10%) of the data will be within 0.10 feet.. In vegetated areas where the ground is obscured we will show void lines to isolate these areas from the DTM. We recommend that the client supplement those areas with cross sections or profiles by field survey methods. Raster lma.ger~: ACA will scan the film aliapositives at a scan rate suitable for imagery at the scales you require. Intergraph ISI-1 software will be used to 9eo-reference the raster imagery. Imagery will be supplied in HMR format on CD-ROM disks. Accuracies: The raster image files will meet or exceed an accuracy of one half of one percent of the distance measured along the controlled alignment. Field Editinq (Optional~ ACA recommends that a field survey verification be performed due to existing conditions that include dense vegetation, tree canopies, vehicles and the obstructions caused by buildings and similar structures. Although this field edit is performed by the client or his field surveyor, ACA suggests that this new information be added to the map database in order to produce a complete product. ACA understands WilsonMiller, inc. will be responsible forthis function. ACA will insert this data into the final map rdes. i . J No... Items to be Dr, ilvered: J SEP l Z 2000 A. One (1) set of 9" x 9" stereoscopic black land white photcJg~l~.._s= DESIGN AND PERMIT-rING OF SANTA BARBARA/LOGAN BLVD COLLIER COUNTY DATE: 6120100 JENKINS AND CHARLAND, INC. (NON-BRIDGE ITEMS-ALL AT 90% PLANS SUBMI'I-rAL) ITEM PROJECT SENIOR BR (DES ONLY} MGR DES ENGR MAST-ARM SIGNAL INTERS.(6) 8 110 LIGHTING SUPPORTS (RDV~0 4 60 OVERHEAD SIGNS (2) 4 48 TOTAL CAD TECH CLERICAL J&C TOTAL 90 $15,160.00 40 $7,780_00 4[} $29,1540,00 -I AGENDA. ITEM -- SEP 1 2 2000 PHOTOGRAMMFTRIC SURVEY REQUIREMENTS In order to allow photogrammetw to meet the ¥ery precise accuracies specir~ed for this project, the field survey must meet or exceed the following specifications or standards for targeting, horizontal or vertica~ accuracy. Analytical triangulation results from LAMP imagery can detect horizontal errors as small as 0.02' and vertical errors as small as 0.005'. T.arqetioq · All targeted points shall be painted or promade targets utilized. Target colors will be black and white contrasting squares or triangles. Target size should comply with photogrammetrist specification. -- The targets should be placed on hard surface wherever possible. If a target location must fall in a grass area, target and survey hub must be at precisely the same elevation and as close to surrounding terrain as possible, Placement of targets need to agree with photogrammetric requirements. FDOT projects will comply with that distdct's specifications. Photo Identities · Location and description of these points will be supplied by the photogrammetrist. Horizontal Control All horizontal control surveys shall be of third order accuracy or better. · Surveys may be performed by conventional traversing or by GPS. · FurniSh control location map and tabulated list (ascii) including horizontal datum used. Vertical Control It is recommended that 3 wire or electronic levels be run and extreme care be exercised. · All vertical control shall be of at least third order accuracy. · Control point numbers are to be identified on each photograph. · Furnish a vertical control listing and tabulated list (ascii) including vertical datum used. The horizontal and vedical points used for photogrammetric control will be turning points on the traverse and bench run. No side shots will be acceptable unless verified from two positions. All control is to be delivered on a computer disk in a ASCII format with control map and copies of original field notes. This file should also contain information regarding the horizontal and vertical datum used and whether the values are English or Metric· iAGENbA SEP 1 2 2000 m~ ~ u. o o o AGENDA ITF_.M No. lt~ c~.~- SEP 1 2 2000 BRfDGE WIDENING(A) p"--e,N/SECT/EL~ SHEET ,STRUCTURE DESIGN b,.~PERSTRUCTLIRE DESIGN APPR SLAB/OTHER DESIGN QU~ANTITIESICOST ESTIMATE BRIDGE WIDENING(B) PL.AN/SECTIELEV SHEET SUBSTRUCTURE DESIGN SUPERSTR~UCTURE DESIGN APPR SLAB/OTHER DESIGN QUJ~uNTITIES/COST ESTIMATE t3RIDGE WIDENING(C) PL~NISECTIIELEV SHEET SUE~STRUC'FURE DESIGN SUPERSTRUCTURE DESIGN APPR SLAB/OTHER DESIGN QUANTITIES/COST ESTIMATE TOTAL- 90% PLANS FINAL PLANS BRIDGE WIDENING(A) FI r~AL PLANS Q UANTITIES,/COST ESTIMATE ' "~ gGE WIDENING(B) AL PLANS QUANTITIES/COST ESTIMATE BRIDGE WIDENlING(C) FINAL PLANS QUANTITIES/COST ESTIMATE TOTAL - FINAL PLANS SPECIAL PROVISIONS BRIDGE WIDENING (A) BRIDGE WIDENING (B) BRIDGE WIDENING (C) TOTAL - SPECIAL PROVISIONS GRAND TOTALS: BRIDGE WIDENING (A) BRIDGE WIDENING {B) BRIDGE WIDENING TOTAL DESIGN ALL BRIDGES: (CHECK) 2 2 2 4 8 16 16 8 24 40 8 16 12 8 Uc~.ost.xls 16 24 4 40 2 4 4 Poge 2 8 20 20 8 8 28 32 8 16 72 8O 16 18 24 4O 1,215.00 2,440.00 2,440.00 1,120.00 3113.00 '1,215.00 3,56o.0o 5,2o0.00 1,120.0o 525.00 2,430.00 9,000.00 g.760.00 1,BBO.00 980.00 $ 43.195.00 $ 2,430.00 2 $ 810.00 $ 3.550.00 2 $ 810.00 $ 5,790.00 2 $ 1,55o.oo $ 14,9-40.00 215.00 395.00 395.00 1,005.00 21,680.00 35,225.00 65,580OO 123,48500 123,q85.00 A~ND~ ITEM No. SEP 1 2 200O N LU ,~.GENDA ITF_.~ No. lb, ~,~.~ ~z~ _ SEP 12 2000 SANTA BARBARA/LOGAN BOULEVARD PROFESSIONAL SERVICES FEES Summary 30% Submittal $516,155 $128,048 $644,203 ',60% Submittal $591,445 $171,000 $762,445 90% Submittal $464,625 $73,840 $538,465 ~ 100% Submittal $154,670 $14,940 $169,610 Post Design Services $70,380 $42,969 $113,349 TOTALS ~ $1,797,275' $430,797 [$2,228,072 Docs. #80296 00075-002-291 Page 6 AGENDA IT/::M No. I,f,'~,-~ ;~ SEP 12 8/18/00 I- z D. O0 0 0 0 0 0 I AGEND,~ I'E~M No. }/~ ~'~ SEP 12 2000 AGENDA ITEM No. SEP 1 2 2000 Santa Barbara/Logan Blvd. 6 laning, Radio Rd to Pine Ridge Road Basis of Sheet Estimate Sheet Count (scale based on 24" X 36" sheets) Cross Sections ~ 100 spacing 28776 ft / 100 ft per x-sect (288 x-sects) 6 ponds, 8 x-sects each (48 x-sects) 288 x-sects; 4 per sheet 72 sheets Special Profile Sheets back of sidewalk profiles, 1"=200' dbl stack 24,760' / 6,000ft per sheet side street profile shts, 10 sidestreets, 2 per sheet 9 sheets Drainage Structure Sheets 28, 776 If 5 inlets every 600 ft (240 structures) 56 sheets 17 intersections.' 4 inlets per intersection (68 structures) pond/out falls: 8 per basin, 3 basins (24 structures) total.' 332 structures / 6per sheet Summary of Drainage Str. 332 drainage str., 45 per sheet 8 sheets Detention Pond Details 3 sub-basins (2 ponds each) control structure details (3 shts) 9 sheets Traffic Control Sheets scale: 1"= 30' dbl stacked 30,782 ft / 1800 ft per sht = 16 sheets per phase x 3 phases typical details & notes (8 shts) Utility Adjustment Sheets same as plan/profile shts 56 sheets 32 sheets SEP 1 2 2000 c z [L J.....AGENDA ITEM No. !~ ~,~ r~ SEP 12 2000 Sheet Name Santa Barbara/Logan Blvd. 6 laning - Radio Road to Pine Ridge Road Distribution of Manhours Number of 30% Plans 60% Plans 90% Plans 100%Plans Hrs per sheet sheets (hrs) (hrs) (hrs) (hrs) (hrs) Subtot. (Hours) Key Sheet 1 6 2 2 2 12 12 Drainage Map 4 60 60 12 12 36 144 Typical Sections 4 58 58 18 10 36 144 Plan/Profile Sheets 32 870 742 260 176 64 2048 Intersection Details 7 78 54 24 16 24 168 Cross Sections 72 576 346 115 115 16 1152 Special Profiles 9 152 76 24 28 252 Drainage Structures 56 940 360 268 28 1568 Summary of Drain. Struct 8 66 108 50 28 224 Pond Details 9 194 98 32 36 324 Traffic Control Sheets 56 800 1600 268 48 2688 Utility Adjustments 32 200 462 106 24 768 Signing & Marking 22 474 238 80 36 792 Signal Plans 14 538 268 90 68 952 Lighting Plans 22 386 238 106 28 616 Totals 348 11852 8/18/00-Author Project NO -Dept. Foider AGENDA ITEM No._ / SEP 12 2000 Santa Barbara/Logan Blvd. 6 !aning, Radio road to Pine Ridge Road Basis of Sheet Estimate Project Length Radio Road to Pine Ridge Road Transitions: 1320 ft south of Radio Rd. 1320 ft north of Pine Ridge Rd. Major Intersections.' 1,000 ft (0.19 miles) along each major leg for transitions and turn lanes: Radio Road (2 legs) Golden Gate Pkwy (2 legs) Green Blvd. (1 leg) Project Total 4.0 miles 0.25 miles 0.25 miles 0.38 miles 0.38 miles 0.19 miles 5.45 miles (28,776 ft) (scale based on 24" X 36" sheets) Key Sheet Drainage Map scale: 1" = 200'; 23,760 ft / 6,000 ft per sht Typical Section Sheets 2 sheets w/main typicals, 2 for side roads Sheet Count 1 sheet 4 sheets 4 sheets Plan & Profile Sheets scale 1"=30'; 28776 ft / 900 ft per sht 32 sheets Intersection Details 7 signalized intersections 7 sheets - SEP 1 2 2000 SCOPE OF SERVICES Professional Services Agreement Santa Barbara/Logan Blvd, Six-Laning Improvements from Radio Rd, (CR856) to Pine Ridge Rd, (CR896) Collier County Project Number 62081 TABLE OF CONTENTS 1. Project Description 2. Design References and Standards 3. Specifications and Bid Documents 3.1. Specifications 3.2. Bid Documents to be prepared by the COUNTY 3.3. Contract Documents to be supplied by the CONSULTANT 4. Submittals of Plans and Documents 4.1. Preliminary Engineering Reports 4.2. Review Plans 4.3. Final Plans 4.4. Design Computations and Supporting Documents 5. Plan Sheet Scales 6. Preliminary Engineering Reports 6.1. Roadway Design Report 6.2. Traffic Engineering Report 6.3. Drainage Design Report 6.4. Noise Analysis Report 7. Design Survey 8. Geotechnical Investigation 9. Utility Coordination 10. Minimum Roadway Plans Content 11. Bridge and Structures Design 12. Drainage Design Maintenance of Traffic Plans 14. Highway Lighting Plans 15. Signing and Pavement Marking Plans 16. Signalization Plans 17. Right-of-Way Mapping 18. Environmental Services 18.1 .Assumptions 18.2.Scope of Services 19. Opinion of Probable Construction Cost 20. Public Involvement/Coordination Meetings 21. Project Schedule 22. Coordination of Design Within Project Limits 23. Post Design Services 24. Additional Services 25. Professional Services Fees AGENDA ITEM No. t~' P~P- SEP 1 2 2000 Pg. ~ Santa Barbara/Logan Blvd. 6 laning, Radio Rd to Pine Ridge Road Basis of Sheet Estimate Sheet Count Signing and Marking Plans scale: 1"=30'; dbl stacked 27,776 ft/1800 ft per sht tabulation of quantities (3 shts) general notes (1 sht) sign details (2 shts) Signalization Plans 7 intersection sheets 2 tabulation shts 1 general notes 4 pole details Lighting Plans same as Signing & Marking 22 sheets 14 sheets 22 sheets A~3ENDA ITEM No. }9' SEP I 2 2000 Pg. 2.2.12. A Policy for Access Control Management for Arterial and Collector Roadways in Collier County (Collier County Resolution 92-442). 2.2.13. FDOT Structures Design Guidelines Specifications and Bid Documents: 3.1. Specifications: The contract documents will include by reference, the FDOT Standard Specifications for Road and Bridge Construction, 2000. CONSULTANT will compile all applicable FDOT Supplemental Specifications and prepare technical Special provisions as applicable. 3.2. Bid Documents to be prepared by the COUNTY.' 3.2.1. 3.2.2. 3.2.3. 3.2.4. 3.2.5. 3.2.6. Advertisement for Bids (legal notice) Instructions to Bidders Bid Proposal Standard Agreement Bond Forms Contract Forms 3.3. Contract Documents to be suppried by the CONSULTANT: 3.3.1. 3.3.2. 3.3.3. 3.3.4. 3.3.5. Technical Special Provisions Supplemental Specifications SFWMD and USACOE (if applicable) Permits Contract Plans, including the following categories: 3.3.4.1.Roadway Plans 3.3.4.2.Signing and Pavement Markings Plans 3.3.4.3.Maintenance of Traffic Plans 3.3.4.4.Signalization Plans 3.3.4.5.Lighting Plans 3.3.4.6.Bridge (Structures) Plans Bid Schedule - 'AGENDA iTEM" No. I ~ ~:2,~"~_ SEP 1 2 2000 pg. '~ EXECUTIVE SUMMARY APPROVE PETITION. TM 00-01 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT ON 10TM AVENUE $W BETWEEN LOGAN BOULEVARD AND NAPA BOULEVARD OBJECTIVE: To obtain Board approval allowing traffic calming devices to be installed on 10TM Avenue SW between Logan Boulevard and Napa Boulevard (Attachment No. 1). CONSIDERATIONS: The residents of l0th Avenue SW submitted a petition to the Transportation Operations Department requesting traffic calming on their street. Workshops were held and a traffic team was organized in accordance with policy and procedure guidelines for the Neighborhood Traffic Management Program (NTMP). Staff performed required traffic studies and resulting data meets necessary criteria for traffic calming. Letters of "No Objection" (Attachment No. 2) have been received from Emergency Services, Collier County Sheriffs Office, and Fire Rescue for the placement of Speed Humps or Traffic Cushions at this location. FISCAL IMPACT: The estimated cost is $8,800.00 for Speed Humps and/or $35,000.00 for Traffic Cushions on this project. Funds are available in Road & Bridge Gas Tax Fund 313. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Petition TM 00-01 for installation of traffic calming devices on 10th Avenue SW. Gerald Morris, P~ject Manager N~MP / REVIEWED BY: ~(~ · ~'~J ~ Dal. ge.A.f~athon, P.E.~T~iffic l~'~ions Manager REVmWED BY:r nt 7 °mti°n °per ti°n ireot°r ~PROVED BY: ~~ N~rE F~~ Y i~po~afion Adminis~ator That the Board approve the requested Neighborhood Traffic Management DATE: DATE: DATE: DATE: AGENDA ITEM SEP 1 2 2000 LO6AN IL 32+29 REFF.,REN CE $TA 0+OO Ll.~9[s-g~a-6t.L 31'IN~V H,L01 1 N'dqd qJ. IS ~ ................. ~2 ";;----z4- -.-..:.-, q - lA(~ENDA IT~EM 89-05-2000 Dear Mr.: '* .... :c' Logan: Bou.:evard. t.z:e ,_,~,: . ...,..t. tll:~,~ ,,....::.~:.-~ - . :,-':-:~ q.;?tvrl' ~sc-{,": ::':lion to t communitie?:.. re~.~ ue':,:. Please adxfise us; v:hsm ,t o.~ "" s~ .... ~-' ,~;.~, ~ ~ ~: ...: ' ~ 3.7' ::) '..'::t:. ' RNB:jab Cc: File EXECUTIVE SUMMARY APPROVE A GOODLAND WATER DISTRICT BUDGET AMENDMENT FOR THE REPLACEMENT OF THE TELEMETRY SYSTEM AND FOR WATER OPERATIONS. OBJECTIVE: Due to emergency repairs to Goodland Water District's telemetry, system and greater water usage than anticipated, we are seeking approval'of a budget amendment. CONSIDERATION: The remote pumping station that provides water to the Goodland Water District took a direct lig. htning strike and the telemetry system was damaged extensively. The telemetry system was replaced for $45,000. This emergency repair was not budgeted. We purchase bulk water from Florida Water Services for the Goodland customers. Our budget for purchased water was underestimated due to a faulty meter. The meter was .subsequently repaired leading to more metered water usage and higher costs than anticipated. Therefore we need to increase Goodland's operating budget by $21,000, FISCAL IMPACT: Adequate funds are not budgeted to fund unanticipated emergency repairs and additional higher bulk water costs. The emergency telemetry system repair was $45,000. The cost of metered water usage was underestimated by 9% or $21,000. A budget amendment amending Goodland Water District Reserves in the amount of $66,000 is required. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners the Governing Board of Collier County, and as Ex-Officio. the Governing Board of the Goodland Water District approve the necessary budget amendment in the amount of $66,000. SUBMITTED BY: REVIEWED BY: APPROVED BY: Susan Usher, Senior Accountant Paul Mattausch, Water Director .~ ~?.j c~/ ~dw~d N. ~n~teri~ublic Works Administrator EXECUTIVE SUMMARY RECOMMENDATION TO AWARD ANNUAL BID #00-3105 FOR HAULING AND DISPOSAL OF LIME SLUDGE OB,[ECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, award Annual Bid #00-3105 for Hauling and Disposa. l of Lime Sludge. CONSIDERATION: 1. This bid is for the hauling and disposal of lime sludge from the dewatering facility at the South County Regional Water Treatment Facility. 2. The bid was posted on June 19, 2000 and twenty-one (21) notices were sent to potential bidders. Bids were opened on July 13. 2000. and four (4) bids were received. 3. Staff has reviewed the bids and found Prolime Corporation to be the lowest qualified and responsive bidder. FISCAL IMPACT: The fiscal impact from the award of this annual bid will be in the estimated amount of $120,000. Funding is available in Collier County South Regional Water Treatment Plant - Other Contractual Services. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, award Bid #00-3105 for Hauling and Disposal of Lime Sludge to Prolime Corporation and authorize the chairman to sign the standard contracl after review by the County Attorney. SUBMrlTED BY: ,--ff, ~/.~.~f~/,'~-~ Date: - Ho(vard Brogdo~, Acting Chief Operator REVIEWED BY: APPROVED BY: APPROVED BY: Paul Ma~useh, Water Dir~tor Edw~d N. Finn, htefim ~blic Utilities Ad~strato~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #00-3130 TO FURNISH AND DELIVER BERMAD VALVES OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, award Bid #00-3130 to furnish and deliver Bermad Valves. CONSIDERATION: The Water Department is in the process of updating the Golden Gate wellfield equipment. The purchase of these twenty-two (22) valves is being made to replace valves that are fifteen (15) years old. 2. The bid was posted on July 24, 2000 and eighty-five (85) notices were sent to potential bidders. Bids were opened on August 17, 2000, and seven (7) bids were received. 3. Staff has reviewed the bids and found Sunstate Meter & Supply Inc. to be the lowest qualified and responsive bidder. FISCAL ,IMPACT: The fiscal impact from the award of this annual bid will be in the amount of $37,180.00. Funding is available in the Water Maintenance Cost Center. GROWTH MANAGEMENT IMPA{~T: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, award Bid #00-3130 to furnish and deliver Bermad Valves to Sunstate Meter & Supply Inc. Pam Libby, DistributioffSupervisor REVIEWED BY: Paul Mattausch, Water Director APPROVED BY: Date: Date: Date: F/dg~/6~ 0 Gwen Butler, Interinl. Purchasing/GS Director'/', ff ntem blic Utaities d rato Consent Agenda 2000 I SEP I 2 2080 EXECUTIVE SUMMARY ACCEPTANCE OF AN UTILITY EASEMENT FOR THE RELOCATION OF A WATER METER AT THE DORCHESTER CONDOMINIUM IN PELICAN BAY OBJECTIVE: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute an utility easement agreement for the relocation of a water meter located at the Dorchester Condominium in Pelican Bay. CONSIDERATIONS: · In the 1970's, a 6" water meter was installed in a pit to serve The Dorchester. · In 1997, the County adopted Ordinance No. 97-33, which mandated that all large meters have a backflow device installed. Due to the meter at the Dorchester being located in a pit this would have been impossible; therefore, the meter was raised above ground. · The meter location above ground placed it in a location, which the Residents of the Dorchester have expressed causes an aesthetics problem and a possible problem with line of site when exiting the property onto Pelican Bay Blvd. · . The Dorchester of Pelican Bay Condominium Owner's Association, Inc. has agreed to grant the Collier County Water-Sewer District a larger utility easement. · The new Utility Easement is attached as Exhibit A. GROWTH MANAGEMENT IMACT: There is no growth management impact. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: The Board of County Commissioners, Ex~Officio, the governing Board of the Collier County Water-Sewer District, execute an utility easement agreement for the relocation of a water meter located at the Dorchester Condominium in Pelican Bay. Pame!~Li/~Distribution Supervisor ~_ ~/ Ed~ard~N. Fiii~, Public Utilities Ad/ministr~tor Consent Agenda UTILITY EASEMENT This Easement, granted this ~ day of ,2000, by DORCHESTER OF PELICAN BAY CONDOMINIUM OWNER'S ASSOCIATION, INC., a Florida corporation not-for-profit (herein referred to as "GRANTOR"), the entity responsible for the operation, maintenance, and management of the property of DORCHESTER, a Condominium, as more particularly described in the Declaration of Condominium filed at Official Records Book 923, Page 716, et. seq, of the Public Records of Collier County, Florida, whose address is 6075 Pelican Bay Boulevard, Naples, Florida 34108, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA, as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, its successors and assigns (herein referred to as "GRANTEE"). WITNESSETH: 1. GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain water utility facilities, in, on, over and under the following described parcel of land located in Collier County, Florida: [See Exhibit "A", attached hereto and incorporated herein by reference, consisting of one (1) page.] 2. In the event GRANTEE constructs and installs any utility facilities within or upon the property described in Exhibit "A", GRANTEE shall: (a) Obtain all necessary permits, approvals and governmental authorizations necessary from the appropriate government entities to construct the utility facility; Page 1 of 4 (b) Construct the utility facilities in compliance with all applicable ordinances, codes and regulations; (c) Design, locate, construct, install, maintain, repair and replace the utilities facilities at GRANTEE'S sole cost and expense; (d) Oversee the construction activities by GRANTEE shall cause the least interference reasonably possible with GRANTOR'S use of the GRANTOR'S property and not unreasonably interfere with GRANTOR'S ingress and egress to GRANTOR'S property. 3. GRANTOR agrees for itself, its successors and assigns, that GRANTOR will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements installed by GRANTOR within the easement area described in Exhibit "A". 4. To the greatest extent allowed by law, GRANTEE shall indemnify, save harmless and defend GRANTOR fi-om and against all loses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against GRANTOR by reason of any act or omission of GRANTEE, its agents, consultants, employee or contractors in the execution of any work performed pursuant to this Easement, and agrees to assume any related costs. 5. GRANTEE shall have a reasonable right-of-access across GRANTOR'S property for the purposes of reaching the Easement area described in Exhibit "A" attached hereto. Any damage .to GRANTOR'S property or permitted improvements thereon as result of said access to the described Easement area or the construction, maintenance, or repairs located within the described Easement area shall be restored by GRANTEE to the condition in which such property or improvements existed prior to the damage. 6. If GRANTOR or GRANTEE, or their respective successors and assigns, fail to comply with the obligations and responsibilities under this Easement, then GRANTOR, GRANTEE or their respective successors and assigns as the case may be, shall have the right to proceed in an action in a court of competent jurisdiction for specific performance and/or damages as appropriate to the c'trcumstances surrounding the breach of the agreement. Page 2 of 4 NO. PG. IN WITNESS WHEREOF, the GRANTOR has caused this document to be executed the date and year first ~vritten above. GRANTOR: Sign, sealed and delivered in the presence of: ss No. Print Name: DORCHESTER OF PELICAN BAY CONDOMINIUM O%VN-ER' S ASSOCIATION, ~C~/~ By: ./,,,~,r-~Y-~'~'~'~'~"' - Title: Witn~ Print Name: State of Florida : County of Collier : The foregoing instrument was acknowledged before me this I-~"~'~day. of l~x~a,~-'~r· ,2000by"~o,~,x~' ~. ~.~S~,x the ~ ~- e.* ,...-'k~'* -,t [Title] on behalf of DORCHESTER OF PELICAN BAY CONDOMINIL~ OWNER'S ASSOCIATION, INC., a Florida corporation not- for-profit, who is personally known to me or has produced as identification. Notary Public My Com.mi. ssion Exp. ires ,,"~?i.%.'~:~ E. Austin White [o:" ~ ":,~ MY COMMISSION # CC649011 EXPIRES Notary Printed Name [SEAL] Page 3 of 4 ATTEST: DATED: DWIGHT E. BROCK CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF THE COUNTY AS EX-OFFICIO TH]E GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT. By: Deputy Clerk BY: TIMOTHY J. CONSTANTINE Chairman EXECUTIVE SUMMARY APPROVE ADDENDUM NO. 2 TO THE RIVIERA GOLF CLUB EFFLUENT AGREEMENT AND APPROVE TRANSFER OF AGREEMENT TO FORE GOLF SERVICES, INC. OBJECTIVE: That the Board of Collier County Commissioners approve Addendum No. 2 to the Effluent Agreement by and between The Collier County Water-Sewer District and Riviera Golf Club of Naples, Ltd. and approve the transfer of said Effluent Agreement, as amended to date, to Fore Golf Sen, ices, Inc. · CONSIDERATION: The Collier County Water-Sewer District and Riviera Golf Club of Naples, LTD. entered into an effluent agreement dated December 8, 1987. On June 6, 2000 Fore Golf Services, Inc. assumed ownership and operation of the Riviera Golf Course from Riviera Golf Club of Naples, Ltd.. Fore Golf Sevices, Inc. has requested to continue utilizing effluent for irrigation and has requested clarification to the agreement. The clarifications specie, that the County will not change on site storage requirements and that the County will not object to renewal of onsite water withdrawal well permits. FISCAL IMPACT: None GROWIIt MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier Count3..' Water-Sewer District approve the Addendum No. 2 to the Effluent Agreement by and between the Collier County Water-Sewer District and RMera Golf Club of Naples, Ltd. and approve the transfer of said Effluent Agreement, as amended, to Fore Golf Services, Inc. Jos0ph C .~tham, ast ter Director Edward N.fi~",~,rfi~, Interi(n 1:" blu ic (ltilities Administrator ADDENDUM NO. 2 TO AGREEMENT FOR DELIVERY AND USE OF TREATED WASTEWATER EFFLUENT FOR SPRAY IRRIGATION OF GOLF COURSES THIS ADDENDUM NO. 2, made and entered into this __ day of June, 2000, by and between the BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, hereinafter referred to as "DISTRICT" and RIVIERA GOLF CLUB OF NAPLES, INC. (successor to RIVIERA GOLF CLUB OF NAPLES, LTD.), hereinafter referred to as "USER"; WITNESSETH WHEREAS, USER entered into an Agreement on December 8, 1987, which was amended with Addendum No. 1 on May 26, 1992, for delivery and use of effluent for irrigation on the Riviera Golf Course; and WHEREAS, FORE GOLF SERVICES, INC. has succeeded both RIVIERA GOLF CLUB OF NAPLES, INC. and RIVIERA GOLF CLUB OF NAPLES, LTD; and WHEREAS, DIsTRIcT determined that certain clarifications to the previous agreements are appropriate and the USER agrees that this Addendum No. 2 accurately states the clarifications; WHEREAS, the DISTRICT is agreeing to the assignment of interests and obligations to FORE GOLF SERVICES, INC. the USER; NOW, THEREFORE, in consideration of the benefits derived by the DISTRICT and USER, said Agreement is amended as follows: Addendum No. 1, Item #3, Page 3 of 4, the first sentence of the last paragraph is amended to exclude regulatory, monitoring, testing and reporting activities to the appropriate agencies shall continue to be the sole responsibility and cost of the DISTRICT. The DISTRICT has made the determination that NO future changes in storage volume or configuration of the on-site facilities will be required. The DISTRICT acknowledges the Water Use Permit of the USER and shall not object to the renewal, modification, or reinstatement of water withdrawal rights from the on-site well(s). The December 8, 1987 Agreement, Page 4, Section 1, first full paragraph, third sentence, shall be amended prior to the period by inserting the words "or such quantity that does not diminish the use of the golf course as determined solely by the USER". The cost of reclaimed water shall be the same as the county-wide rate of $0.13 per thousand gallons (13 cents per 1,000 gallons), which shall reflect solely the cost of service to the large user reclaimed water customer class of the DISTRICT. It is understood and agreed that all of the other terms and conditions of the Agreement dated December 8, 1987 and the Addendum No. I of May 26, 1992 shall remain in full force and effect and are in no way changed except as herein above provided. I of 2 IN V¢ITNESS WlqEREOF, DISTR/CT and USER have mused this instrument to be executed in their respective names by their proper officers the day and year first above wn, llen'T"x Jol~f~ ~ifford. as Secretary-Treasurer of Rixdera Golf Club of Naples. Inc, :, (Printed or Typed name) r72 /- "7 D / / STATE OF FLORIDA COUNt' OF COLLIER The foregoing instrument was acknowledged before me this ~ day of John Gifford. as Secretary-Treasurer for RMera Golf Club of Naples. Inc. He is perso~,~ lmown to me OR Produced Identification ~ .... - -- '-~--"'-/ Typed or printed na~ne of ATTEST: DV~qGHT E. BROCIC Clerk By: Deput), Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AND EX- OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT. Approved as to form and legal sufficient3.': Tho~nas C. Palmer Assistant Count' Attorney By: TIMOTHY J. CONSTANTINE. Chairman June 6, 2000 Mr. Bob Casey Director of Reuse Systems Wastewater Department Collier County Government Complex 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Riviera Golf Club - Notice of Transfer Dear Mr. Casey: This letter constitutes Riviera Golf Club of Naples, Inc.'s formal NOTICE OF TRANSFER to Fore Golf Services, Inc. of the Riviera Golf Club of Naples Effluent Agreement. Attached find: (1) Six (6) copies of the executed Memorandum of Understanding for the County's consideration; (2) Six (6) copies of the pertinent parts of the Riviera Golf Club of Naples, Inc. - Fore Golf Services, Inc. golf course purchase agreement; (3) Six (6) copies of Addendum No. 2 to the previous Agreement and Addendum No. 1 executed by the Owner. Thank you for your rapid consideration of this matter. Very truly yours, Riviera~[;olf Club of Naples, Inc. John Gifford 48 MAI~I::tLLE DPIIYE N APl,,,~,,q, ~,.01=,1D A 7/6/200 I Myron Giffo~ President o£R]v~em CoifClub, do h~'n: by ~a~ 3o~ ~ to si~ ~ the ~onz~ o~cer of ~cm ~ff Club, for ~ No~ 0fT~f~r of~ wat~ E~uent Aguemeat ~ ~e W~c~ D~~t of Co~ Co~, m Fo~ GolfSe~c~, Th~nk you Sincm'~ly, '~ F ' / / 07/06/00 14:44 TX/POL ~~;., r T" I SEP ! 2 ~%".~ NO. 1914 P. 002 EXECUTIVE SUMMARY APPROVE FINAL RANKING OF CONSULTANTS FOR ENGINEERING SERVICES RELATED TO ODOR CORROSION/CONTROL STUDY, RFP # 00- 3066 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the consultant selection related to conducting a comprehensive Odor/Corrosion Control Study of the Collier County Water-Sewer District Collection System. CONSIDERATION: On May 24, 2000 the Purchasing Department distributed announcements to 159 firms. Twenty (20) firms requested the full copy of the request for proposals. Five (5) firms returned proposals on or before the established deadline of June 30, 2000. The Consultant Selection Committee was empowered by the County Manager on June 19, 2000 and ranked the respondents as follows: 1. Camp Dressor & McKee 2. Malcom Pimie 3. Montgomery Watson All three (3) firms submitted responsive proposals and are well qualified. The Consultant Selection Committee ranked Camp Dressor & McKee the highest based on their past experience with providing this kind of service with county governments in Florida. The Florida references recommend them for their superior work in conducting odor control studies with infrastructure similar to Collier County. FISCAL IMPACT: This project is included in FY 2001 tentative Utilities Capital Budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the final consultant ranking as recommended by the Consultant Selection Committee and authorize staff to negotiate a Professional Services Agreement with Camp Dressor & McKee to provide professional engineering services related to a Odor/Corrosion Control Study of the Collier County Wastewater Collection System, Project 73064. SUBMITTED Jos:eph~, Wastewater Director Date: REVIEWED BY: ;~' ~L~.[ ,,~ · ~ ,5.~£ ~/ Date: Gwen Butler, Interim Purchasing Director Edward N~Finn, ififerim ~fi51ic ~ilities Administrator g. zj'.oo z -- ~ ~ 0 Date: RFP #: RFP TITLE: CONSULTANT SELECTION SUI~IMARY OF SIGNIFICANT FACTORS FORM July 27, 2000 _00-3066_ "Odor/Corrosion Control Study" SIGNIFICANT FACTORS PERTAINING TO RANKING OF FIRMS: Firm Name: i .,' ao 1 Selection Committee Member Date EXECUTIVE SUMMARY AWARD BID NO. 00-3117 FOR THE PURCHASE OF STRAINERS AND ACCESSORY KITS OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 00-3117 for the purchase of strainers to Badger Meter, Inc. and the purchase of accessory kits to Hughes Supply, Inc. CONSIDERATIONS: · · The Water Distribution Section is responsible for the maintenance of all large meters within the Collier County Water District. · Bid No. 00-3117 was created to purchase strainers and accessory kits. The strainers are a part of the large meter assembly and protect it against any foreign matter that could enter the meter, effecting the quality of water provided to our customers and the accuracy of its readings. Additionally, this device acts as a aleveining mechanism straightening out the flow of water, which also enhances the accuracy of the meter. · The current strainers in place on the majority of large meters within the Water District have begun to deteriorate. The type of strainer that is being purchased has been tested by the Water Distribution Section. · Bid No.00-3117 was sent to eight vendors, with four bid packages being received. FISCAL IMPACT: The fiscal impact of this purchase is in the amount of $132,762.40, to purchase large meter strainers and accessory kits. Funds are available in the Water Systems Rehabilitation Project Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact in accepting this bid. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 00-3117 for the purchase of strainers to Badger Meter, Inc. and the purchase of accessory kits to Hughes Supply, Inc. SUBMITTED BY: Paul Mattausch, Wate~fu~ctor SI P 201111 REVIEV~ED BY: APPROVED BY: Gwen ~.utler, Interim Purchasing Director / / ,--' ' (/~ ~ ~"' i ," ,, _, '., "~dW/ard N.'Finn, Interim Public Utilities Administrator' Consent Agenda EXECUTIVE SUMMARY WAIVE PURCHASING POLICY AND GROUND-PENETRATING RADAR UNDERGROUND UTILITIES APPROVE THE PURCHASE OF A SYSTEM FOR LOCATION OF OBJECTIVE: That the Board of County Commissioners as Ex-Officio, the Governing board of the Collier County Water-Sewer District, waive the purchasing policy and approve the purchase of a ground-penetrating radar system for the location of underground utilities. CONSIDERATION: I.The Stake and Locate Department of Wastewater Collections is charged with locating water and force rnains, gravity sxstems and service laterals prior to excavation by contractors or Collier County Watbr and Wastewater Departments to avoid damage to underground utilities. 2. The ground-penetrating radar system is the most advanced technology available to assist in locating metallic and non-metallic underground utilities. The use of this equipment could potentially save Collier Counw thousands of dollars avoiding utiliw damage where insufficient or incorrect blueprints are used to locate underground utilities Inforrnation obtained by this system may be stored on CD for future reference. 3. There are three manuthcturers of this type of equipment and the.,,' are located in Manchester, New Hampshire, Mississauga, Ontario, and Ft. Myers, Florida. Ven&eer, located in Ft. Myers. Florida, is the only company that provides local serx?ice and continuous training. Companies located in New Hampshire and Ontario require equipment to be returned for service and training is only performed at their locations. Training of personnel on this equipment is important due to the advanced · technology of the ground-penetrating radar system. 4. Staff recommends that the Board waive purchasing policy and approve the purchase of the Vermeer Interragator II GPR from Venneer Southeast Sales & Service, Inc. FISCAL IMPACT: Funds have been budgeted in the Stake & Locate Department Budget in the amount of $27,900.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District waive the purchasing policy and approve the purchase of the ground penetrating radar system, Interragator II GPR, as well as service, from Vermeer Southeast Sales & Ser~4ce. EP I 2 2009 , SUBMITTED BY' REVIEWED BY' Allen Vand&,"N'leulen, Wastev,'ater Stake & Locates Supervisor atham. Wastewater Director APPROVED BY: '" / ,~- /7', ECJ_-! Date: ~: J/' '< "~ Gwen Butler. Interim Purchasing/GS Director APPROVED BY: . , Date:. ~n. fnterim Public Utilities Admini~rator SEP I 2 EXECUTIVE SUMMARY AWARD A PURCHASE ORDER TO PULSAFEEDER, INC., TO FURNISH AND DELIVER FIVE CHEMICAL METERING PUMPS TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, BID 00-3116, PROJECT 70057 OBJECTIVE: Award of this equipment will increase reliability of the North County Regional Water Treatment Plant (NCRWTP) Acid Feed System, minimize acid leaks originating in the Acid Room area, and provide a safer environment for employees and the neighboring public. CONSIDERATIONS: On July 26, 2000, sealed bids were opened for this project. Four bids and two non-responsive bids were received as follows: Bidder Pulsafeeder, Inc. Atlantic Environmental Systems, Inc. Hudson Pump & Equipment Assoc., Inc. Moss Kelly, Inc. Prominent Fluid Controls, Inc. Aramsco Bid Amount $ 39,463.00 $ 42,965.00 $ 46,650.00 $ 78,000.00 Non-Responsive Non-Responsive Bid tabulations are attached. The lowest, responsible, responsive bid was received from Pulsafeeder, Inc., in the amount of $39,463.00. Our design professional, Metcalf & Eddy, Inc., (M&E) reviewed and evaluated their bid, and as a result, determined Pulsafeeder is qualified to furnish and deliver the required equipment to the NCRWTP. M&E's recommendation letter dated August 1, 2000 is attached. These pumps are necessary to transport a specific concentration of sulfuric acid as a part of the water treatment process. (-',~FISCA_._~L_ IMPACTs: Funds in the amount of $39,463.00 are available in project 70057, Facility Rehabilitation, Remodel Sulfuric Acid Room. Funding source is User Fees. GROWTH MANAGEMENT IMPACT: The purchase of this equipment will have no impact on the growth management plan. RECOMMENDATIONS: That the Board of County Commissions, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a purchase order to Pulsafeeder, Inc., to furnish and deliver five chemical metering pumps and accessories, to the NCRWTP, Bid 00-3116, Project 70057. Executive Summary Award Bid 00-3116 Page 2 PREPARED BY: Peter Schalt, PMP, PLIED Project Manager REVIEWED BY: Karl W. Boyer, P.E., Interim PUED Director DATE: °v/J'~/°° REVIEWED BY: Stephen Y. Carnell, Purchasing Director REVIEWED BY: Paul Mattausch, Water Director REVIEWED B DATE: {_ Edwrard N.AVinn,'Interim Public Works Administrator Attachments: Bid Tabulation Metcalf & Eddy, Inc., Recommendation Letter Metcalf & Eddy August 1, 2000 Mr. Peter Schalt Collier County Government Center Public Utilities Engineering 3301 E Tamiami Trail Naples, Florida 34112 $ubject: North County Regional Water Treatment Plant (NCRWTP) Bid No. 00-3116 Chemical Metering Pumps Kecommendation for Award Dear Mr. Schalt: Metcalf & Eddy has reviewed the quotations on the Acid Feed Modifications project at the North County Regional Water Treatment Plant. Collier County received the following quotations and responses for the specified pumping equipment and accessories: Pulsafeeder, Inc. (Pulsafeeder) Atlantic Environmental Systems ('Neptune) Hudson (Milton Roy) Moss Kelly (Wallace & Tiernan) Aramsco Prominent $ 39,463 $ 42,965 $ 46,650 $ 78,000 Did not respond Not responsive Two suppliers offered substitutions or alternate equipment. Prominent offered mechanical- actuated diaphragm pumps for $40,349.65. Hudson offered a similar mechanically operated diaphragm unit for $34,335.00. Metcalf& Eddy expressly requested in the bid package that the pumps would be hydraulically balanced diaphragm type. We do not accept these mechanical units as equivalent to that specified. If an alternate bid for the lower cost mechanical pump were requested of all the suppliers, lower bids may have been provided by the other bidders. We did not allow other bidders to submit alternates. Iherefore, we do not consider the alternate equipment bid in our recommendation. These two bids were non-responsive to the procurement requirements. Metcalf & Eddy, Inc. 3740 Executive Way Miramar, Florida 33025 Phone: 954-450-7770 Fax: 954-450-5100 Mr. Peter Schalt August 1, 2000 Page 2 We have reviewed the bids and find no irregularities. All bidders acknowledged the addenda and provided the bid in the proper form_ We recommend award of this supply contract to Pulsafeeder, Inc. for $39,463_ Please contact me if you have any questions. Sincerely, METCALF & EDDY, INC. Nicholas B. Cooper Project Manager Enclosures Cc: Bob Ortiz EXECUTIVE SUMMARY AWARD A WORK ORDER TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., FOR ACID FEED ROOM MODIFICATIONS AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70890 OBJECTIVE: Award of this work order will increase reliability of the North County Regional Water Treatment Plant (NCRWTP) Acid Feed System, minimize acid leaks originating in the Acid Room area, and provide a safer environment for employees and the neighboring public. CONSIDERATIONS: On July 26, 2000, sealed bids were opened for this project at the offices of our design professionals for this project, Metcalf & Eddy, Inc., (M&E). Contractors from both fixed annual term contracts (General Contracting Services and Underground Utility Contracting Services) were offered the opportunity to bid this work. Bids were received as follows: Bidder Mitchell & Stark Construction Co., Inc. D. N. Higgins, Inc. Varian Construction Company Surety Construction Company Kyle Construction, Inc. Bid Amount $ 88,965.00 $123,000.00 $143,600.00 No Bid No Bid The lowest, responsible, responsive bid was received from Mitchell & Stark Construction Company, Inc., (MSCCI) in the amount of $88,965.00. M&E reviewed and evaluated their bid, and as a result, determined MSCCI is qualified to perform the work. M&E's recommendation letter dated August 17, 2000 is attached. The modifications include installing owner-supplied chemical feed pumps, back-pressure valves, pulsation dampeners, electrical upgrades, relocation of an existing eyewash station, and a complete plexiglass enclosure of the acid feed pumping system within the Acid Room. ~.~-.,FISCAL IMPACT: Funds in the amount of $88,965.00 are available in project 70890, · NC~I~ Ch~ Feed Piping. Funding source is User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on the growth management plan. RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the Governing Board of the Collier County Water-Sewer District, award and authorize the Public Utilities Director to execute, Work Order WD-141 with Mitchell & Stark Construction Company, Inc., to modify the Acid Feed Room at the North County Regional Water Treatment Plant (NCRWTP), Project 70890. SE;:.' ? Z00( i <~- / Executive Summary Award Work Order To Mitchell & Stark Page 2 Peter Schalt, PMP, PUED Project Manager REVIEWED BY: Karl W. Boyer, P.E., Interim PUED Director DATE: REVIEWED BY: Stephen Y. Camell, Purchasing Director REVIEWED BY: REVIEWED BY: t / ?Yf-~'m ;C DATE: f~/ Paul Mat{ausch, Water Director dw~r-- N~. Fi2terim Works AdminiDstrAaTtoE:~<'" ' ~ ' (" Attachments: Metcalf & Eddy, Inc., Recommendation Letter Bid Tabulation Copy of Work Order WD-141 SEP ! 2 08/17/00 THU 08:31 FAX 7704478455 METCALF & EDDY Metcalf & Eddy August17,2000 Mr. Peter Schalt Collier County Government Center Public Utilities Engineering 3301 E. Tamiami Trail Naples, Florida 34112 Subject:North County Regional Water Treatment Facility (NCRWTP) Acid Feed System Modifications Dear Mr. Schalt: Metcalf& Eddy has received five responses to our request for quotations on the Acid Feed Modifications project at the North County Regional Water Treatment Facility We received the following bid proposals; MitcheIi & Stark Construction Company D. N. Higgins, Inc. Varian Construction Company Kyle Construction, Inc. Surety Construction Company $ 88,965 $123,000 $143,600 No Bid No Bid Mitchell & Stark and Varian attended the site meeting and acknowledged receipt of all bidding materials. We have reviewed their bids and find no irrebnatarities. We recommend award of this project to Mitchell & Stark Construction. Please contact me if you have any questions. Sincerely, ,METCALF & EDDY, INC. Nicholas B. Cooper Project Manager Enclosures Metcalf & Eddy, Inc. 3740 Executive Way Miramar, Florida 33025 Phone: Fax: 954-450-7770 954-450-5100 o WORK ORDER# WD.441 "UNDERGROUND UTILITY CONTRACTING $ERVICE~' Gantract 1118-2783, Dlted June 17, 1996 This Work Order is for General ~c~or's ServlcM, ~ubject to the terme and conditiona of the Contract referenced above, for werk k~own as: Project: No,-Gi County Regional Watir Treatment Plant AeJd FelKf System Modifications The work is specified !n the BID SCHEDULE dalai July 25, 2000. In a~rda~ce wilh the t~rms and cr~ditlons of the Agreement referenced above, Work Order # WD-14'I is asafgned to Mitehell & Stark Construction Company, Inc. .Scope of Work; Provide all aervlcaa to modify the Acid Feed ~iwtem a~ the NCRWTP as described on all Drawlriga end Specificat]one by Metcalf & Eddy, Inc., entitled Nortit County Regional Water Treatment Plant Acid Feld System Modlflcaltiofta and Mitchell & Stark's bid dated July 25, 2000. Schedule of. Work: Complete within 913 Calendar days. Comoensati~;~l: In accordance with Item 4 of the Agreement, the County wffi compensate the Flrm in accordance with the negotiated lump eum amount provlcled in t~e e~hedule below. Modify A~id Feed System - Total aid $8a,a~s. oe Any change made subsequent to final clepartmen! approval will be considered an addlUonal service and charged according to an executed Change Order as enumerated in Exhibit D of tlqe Agreement. Pete~-~'~'lt. PMP, PUED Project Managerate AUTHORIZED BY: Paul Mattaus~ch, Water Director Date APPROVED BY: ACCEPTED BY: Karl W. Boyer/P~E., Interim PUED DirectorDate BHan Penner, V'me President, Mitchell'& Stark C, C., Inc. Date Approved as to Form and Legal Sufficiency:. EXECUTIVE SUMMARY AMEND THE COLLIER COUNTY WASTEWATER MASTER PLAN TO PROVIDE REGIONAL SERVICE TO THE NEW LIVINGSTON ROAD CORRIDOR IN THE VICINITY OF PINE RIDGE ROAD OBJECTIVE: That the Board of County Commissioners meet the growing demands for regional sewer service by amending the Wastewater Master Plan to better reflect the current timing of development planned along the Livingston Road Corridor. CONSIDERATION: The Livingston Road Corridor between Radio Road and Immokalee Road has been planned for expansion for over 10 years and utility service has long been anticipated to accompany the road. Because of the uncertainty about when the Livingston corridor would be developed, the Wastewater Master Plan did not include service expansion into this area. Multiple developer interests have inquired about the availability of water and sewer service in, and around, the area of Whippoorwill Lane. Whereas the Water Master Plan does consider expansion to serve this area, the Wastewater Master Plan does not. Our consulting engineers determined the impact of accepting the additional flow by analyzing the hydraulic capacity of our regional sewer collection system. Our consulting engineers recommend adding a project to the list of capital projects in our Wastewater Master Plan for a parallel 10- inch diameter sewer forcemain along Pine Ridge Road from Airport Road to Whippoorwill Lane. The area to be served by the proposed parallel 1 O-inch forcemain is shown on the attached figure. A planning-level cost estimate for the proposed 10~inch forcemain is $370,000. ,O~...'~ FISCAL IMPACT: This project is not currently funded. To fund this project, a change will be made to the Tentative Budge~ prior to the public meeting to adopt the FY01 budget. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: Extension of sewer service along the Livingston Road Corridor has long been contemplated and is consistent with the County's regional utility concept, the Growth Management Plan, and the Wastewater Master Plan as amended herein. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, amend the list of capital projects in the Wastewater Master Plan to extend regional sewer service to the Livingston Road/Whippoorwill Lane near Pine Ridge Road. 2000 Executive Summary Amend Wasterwater Master Plan Page 2 ,, ./ ~ ! ] SUBMITTED BY: ,~._.x ..... ,c Date: :) ]' 2 Zi'l' c ~ Karl W. Boyer, P.E., Interim Public Utilities Engineering Director REVIEWED BY:. ~OF~/~ ~ Date: ~.2.~.GO Jos~lSh B. Cheatham, Wastewater Director APPROVED BY: w ' /" r~/ ,/. 7' Date: c/ :~ ,J{ c L. F~vcard N'f. Finn, I~erim Public Utilities Administrator EXECUTIVE SUMMARY AUTHORIZE FUNDS FOR ADDITIONAL ENGINEERING SERVICES DURING CONSTRUCTION OF COUNTY UTILITY RELOCATIONS IN CONJUNCTION WITH US 41 ROAD WIDENING FROM MYRTLE ROAD TO OLD US 41, PROJECTS 70047, 70048 AND 73048. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: The County currently has a Professional Services Agreement (PSA) with Tampa Bay Engineering, Inc. (TBE) to provide engineering and inspection services during construction of County utility relocations necessitated by the Florida Department of Transportation (FDOT) widening of US 41 between Myrtle Road and Old US 41. Funding for services under the PSA is $189,642.29 for FY 2000. The FDOT contractor has encountered numerous unforeseen conditions that have delayed his progress and necessitated redesigns by TBE. In an attempt to get back on schedule, the contractor has increased the number of crews relocating County utilities. This has created the need for TBE to provide additional inspection services. TBE has estimated that their fees for FY 2000 will total $230,000.00 or $40,357.71 more than the current funding for the fiscal year. FISCAL IMPACT: This project is to be funded by water and sewer user fees. A budget amendment in the amount of $12,276.81 will be required to transfer funds from project 70045 - FDOT Joint Project Agreements (Water) to project 70047 - Relocate 20"/12" Water Main on US 41 from Immokalee Road to Old 41. A budget amendment in the amount of $12,810.38 will be required to transfer funds from project 70045 - FDOT Joint Project Agreements (Water) to project 70048 - Relocate 12" Main on US 41 from Myrtle Road to Immokalee Road. A budget amendment in the amount of $15,270.52 will be required to transfer funds from project 73045 - FDOT Joint Project Agreements (Sewer) to project 73048 - Relocation of Reclaimed Water Main and Force Main on US 41 North. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. Executive Summary Authorize Funds Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, authorize additional funds in FY 2000 for a Professional Services Agreement with Tampa Bay Engineering, Inc. and approve the necessary budget amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department Karl W. Boyer, P.E, Interim Director Public Utilities Engineering Department J~Cheath~ Director Paul E. Mattausch, Water Director 'Edw~at '/~~ N//~f F'inn~, ln/~~Administrator Public Utilities Division DATE: DATE: DATE: DATE: RFD:rfd Attachment: Letter from TBE ~lxlGINEER5 FtANNER5 'Quali/y By Design' JUly Ronald Dillard, PE Project Manager 3301 East Tamiami Trail - OCPM Building Courthouse Complex Naples, FL 34112 SR 45 (US 41) Collier County Utility Relocations Financial Project [D: 195378-1-56-01 and 195380-1-56-01 TBE Project Number 00026-002-00 Dear Mr. Dillard: As you are aware, the utility subcontractor for the subject project has substantially increased his level of activity. in order to increase his production rate. Additionally, the contractor is considering adding an additional utility subcontractor to further increase production. This increased level of activity has resulted in a concomitant increase in the number of inspection hours required by TBE's on-site inspector, Howard Duff. He has averaged approximately 15 hours of overtime each week for the past several weeks. This circumstance has resulted in the following: 1. As we have discussed, in order to adequately inspect the contractor's work, especially night and weekend work, and to reduce the overtime for Howard Duff, we need to add an additional part- time inspector. He will work under Howard's direction and will work as many hours each week as required by the job requirements. He will be billed to Collier County at the same rate as Howard, and will also require a monthly automobile allowance at the same rate as our current allowance of $300/month. The individual we propose to hire for this position is Joe Merkley, who has worked with Howard Duff in the past. A copy of his resume is included. 2. Because of the increased level of effort on the project, primarily inspection, we project that our costs through September 30, 2000, will total approximately $230,000. We hereby request that Collier County allocate this level of funding for this fiscal year. We will continue to keep you apprised of our budget status as the project proceeds. We are currently proceeding with hiring the second inspector, and plan to have him benton work the week of July 31. If this is not acceptable to Collier County, please notify me immediately. Please contact me if you have any questions. Sincerely, TAMPA BAY ENGINEERING, INC. Thomas T. Jones, PE Project Manager TTJ:jak Enclosure J 5DOC',00026\00026002.00\072600RD.doc ..; :7' ..d. : ~' , 'cry'h, ~nr,~, 55;~ 'Z:ear'v~rer. 5Jc,-idc 33764 727~.531~3505 EXECUTIVE SUMMARY APPROVE WORK ORDER VGW-FT-00-03 TO THE AEC NATIONAL/ WlLKISON JOINT VENTURE FOR PROFESSIONAL ENGINEERING SERVICES TO REPLACE WASTEWATER PUMPING STATION LOCATED ON PORT AU PRINCE ROAD, CONTRACT 98-2835, PROJECT 73060. OBJECTIVE: To provide reliable and environmentally-responsible sewage collection system, an existing wastewater pumping station needs to be replaced. CONSIDERATIONS: On August 4t~ 1998, agenda item 12(C)3, the Board of County Commissioners approved a purchase agreement between Rookery Bay Services, Inc. and the Collier County Water Sewer District. At that time it was noted that the Port au Prince gravity sewer system is substandard and requires replacement. This work order is for professional engineering services to design a new wastewater pumping station on Port au Prince Road. The wastewater pumping station is in poor condition. It is situated close to a waterway and poses a threat to environmentally-sensitive estuarine waters in the event the pumping station fails. Staff has negotiated the proposed scope and compensation as provided in Work Order VFG- FT-00-03. FISCAL IMPACT: Funds for this work order in the amount of $34,100 are available from Co--~nty ~e-~er C-'~pital Projects. The funding source is User Fees. GROWTH MANAGEMENT IMPACT: This is a renewal and replacement project with no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Interim Public Utilities Engineering Director to execute Work Order VFG-00-03 with AEC National/Wilkison Joint Venture to replace pump station on Port au Prince Road. Alicia Abbott, Project Manager, Public Utilities Engineering REVIEWED BY:. ' /Q'-'~ ' Date: Karl W. Boyer, P.E.i Interim Public Utilities Engineering Director Jose~l~h B. Cheatham, Wastew9I~Director APPROVED BY: //~'~f~ 7~ Date: Ed~mrd 1~. Finn, Inteffm Public Utilities Administrator WORK ORDER # VGW - FT- 00-03 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professignal engineering services for work known as (Title) Port au Prince Gravity Sewer System & Pumping Station (Reason for Project) To. replace existing gravity sewer System and two existing.I~ump stations with a single pump station. The work is specified in the proposal dated _August 2, 2000 , which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # VGW -FT-00-03 is assigned to the AEC National Wilkison Joint Venture. Scope of Work: Task I Preliminary Design Task II Final Design Task Ill Bidding Assistance Task IV Construction Administration Schedule of Work: Complete work to bidding phase of this project within 120 receipt of the Notice to Proceed authorizing start of work. days from Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (List all Tasks) Task [ Preliminary Design $ ll,100.00 Task II Final Design $ 16,000.00 Task Ill Bidding Assistance $ 1,500.00 Task 1V Construction Administration $ 5,500.00 (time & materials) (time & material) (time & material) (time & material) TOTAL FEE $ 34,100.00 (time & material) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: AUTHORIZED BY: Alicia Abbott, P~r II J(~eph B. Cheatham, Wastewater Director Date APPROVED BY: Karl W. Boyer, Interim PUED Director Date Approved as to Form and L~gal Sufficiency:~ ~ . ?"~"~nt County ~[or~ey ACCEPTED BY: Date:, / II , AEC NATIONAL WILKISON JOINT VENTURE Name of Firm .,AVID S. WILKISON, CORPORATE SECRETARY DAVID S. ~iIg~;~N~EF;REY A~ ~UNNER Type Name and Title WILKISON & ASSOCIATES, INC. FUND: 414 COST CENTER: 263611 OBJECT CODE: 631400 PROJECT NO.: 73060 Note: BCC needs to authorize the dollar amount and request that BCC to authorize Ihe PWED Department Director to execute the Work Order as part of y6ur Executive Summary. August2,2000 WILKISON & CONSULTING ENGINEERS AND SURVEYORS Ms. Alicia Abbott Project Manager II Collier County Transportation & Public Utilities Engineering 3301 East Tamiami Trail Naples, Florida 34112 Proposal for Professional Engineering Services Port Au Prince Road Gravity Sewer System & Pump Station Dear Ms. Abbott: We have prepared the following proposal based on our site visit and conversation with you regarding the requirements and parameters of the new pump station on Port au Prince Road. PROJECT UNDERSTANDING Collier County desires to replace the existing gravity sanitary sewer and two existing pump stations on Port au Prince Road with a new gravity sewer system and a single pump station. The new pump station will be located on the north side of Port au Prince Road at the east end of the canal that borders the road. Collier County at a later date will replace the existing gravity sanitaw sewer system in the Port au Prince subdivision roads. SCOPE OF SERVICES 1. PRELIMINARY DESIGN 1.1. Prepare topographic survey to supplement areas not covered by the Wilson Miller survey. 1.2. Conduct one site visit to review the existing sanitary sewer system in the field. 1.3. Review existing record drawings. Perform research as necessary for design. 1.4. Attend one pre-design meeting with Client. 1.5. Prepare Preliminary Design Report. 1.6. Prepare Preliminary Master Plan of the proposed design alternative(s). 1.7. Prepare Preliminary Engineer's Opinion of Probable Construction Costs (EOPCC). AEC National, 5150 Tamiarni Trail North, Naples, Flodda 34103, (941) 263-3700 Fax (941) 263-9117 [ ~ 0..../~ ._L/'~) ~ Wilkison & Associates, 3506 Exchange Avenue, Naples, Florida 34104 (941) 643-6752 Fax (941) 643-51~ . ~ SE[ 1.8. 1.9. 1.10. Submit Preliminary Design Report, Preliminary Master Plan and Preliminary EOPCC to Client. Meet with Client to review Preliminary Design. Prepare and distribute meeting minutes to attendees. Sub-consultant Forge Engineering, Inc. will perform the following geotechnical services: 1.10.1. Mobilize drill rig to the site. 1.10.2. Drill one soil test boring to 25 feet below grade. 1.10.3. Visually stratify the boring by a geotechnical engineer. 1.10.4. Analyze the data. 1.10.5. Write an engineering report summarizing the findings and presenting evaluation of settlement, bearing capacity and site preparation. 2. FINAL DESIGN 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. 2.11. 2.12. 2.13. Prepare hydraulic calculations for new gravity sanitary sewer system along Port au Prince Road, forcemain and one pump station. Prepare final construction plans and details. Prepare construction specifications. Furnish copies of construction drawings to power, telephone, television and cable supplier to determine potential conflicts with their existing utilities. Prepare Final Engineer's Report. Prepare EOPCC. Prepare Florida Department of Environmental Protection (FDEP) application for construction of sanitary sewer collection and transmission system. Prepare Collier County Right-of-Way Permit applications for utility construction. Attend one meeting with Client to review final design. Prepare and distribute meeting minutes to attendees. Revise construction drawings one time based on Client's comments. Submit application package to FDEP. Respond to one set of review comments from FDEP. Submit Right-of-Way application to Collier County. 3. BIDDING ASSISTANCE 3.1. Respond to bid questions from contractors and issue addenda, if required. 3.2. Attend one pre-bid meeting. Prepare and distribute meeting minutes to attendees. 4. CONSTRUCTION ADMINISTRATION 4.1. 4.2. 4.3. 4.4. 4.5. Attend one pre-construction meeting. Review shop drawings. Conduct construction observation (4 visits) and prepare field reports. Respond to field questions from contractor. Review payment requests. 2a2000~ccabbottportauprince 4.6. 4.7. 4.8. 4.9. 4.10. 4.11. 4.12. 4.13. Witness testing of force main. Witness inflow/infiltration testing of gravity sewer lines. Witness lainping of gravity sewer lines by Collier County. Witness pump station start-up. Perform one preliminary site walk-through of the project and prepare punch list of items remaining to be completed. Distribute copy of punch list to Contractor and Client. Perform one final walk-through of the project upon completion of punch list items. Prepare record drawings based on as-built drawings provided by contractor. Prepare and submit certification of construction to FDEP. COMPENSATION FIXED OR ESTIMATED FEE PARAGRAPH SCOPE AMOUNT TYPE 1. PRELIMINARY DESIGN $11,100.00 TME 2. FINAL DESIGN $16,000.00 TME 3. BIDDING ASSISTANCE $1,500.00 TME 4. CONSTRUCTION ADMINISTRATION $5,500.00 TiME TOTAL $34,100.00 The AEC National Wilkispn Joint Venture proposes to perform the services described above on an hourly basis according to the terms and conditions of our Fixed Term Professional Services Agreement RFP No. 98-2835 with Collier County. Should you have any questions or need additional information, please do not hesitate to contact us. Sincerely, WlLKISON & ASSOCIATES, INC. Laura Redondo Ryan, P.E. Senior Professional Engineer LRR/pwk 2 a2000k~:abbottportauprince EXECUTIVE SUMMARY APPROVE TASK ASSIGNMENT FOR PROFESSIONAL ENGINEERING SERVICES, BY MALCOLM PIRNIE, AS PER SOLID WASTE CHARACTERIZATION AND PROGRAM ANALYSIS STUDY, RFP 00-3046. OBJECTIVE: To receive the Board's approval of the negotiated contract for Task #III, Request for Letters of Interest for Solid Waste Disposal Technologies, by Malcolm Pinfie, Inc. for the Solid Waste Characterization and Program Analysis Study for RFP #00-3046, which was approved by the Board on 05/02/00, agenda item 16 (B)(29). CONSIDERATIONS: To have the Board approve assignment of Task #III with Malcolm Pirnie, Inc. Malcolm Pirnie has been selected under RFP #00-3046 to conduct a solid waste characterization and program analysis study for the County. The cost for Task #III is summarized below: A lump sum payment of $14,000 will cover all labor and expenses associated with the Task III assignment. Malcolm Pinfie shall provide professional services to Collier County in the preparation and advertisement of a Request for Letters of Interest (RLI) for alternative solid waste disposal solutions. They will assist the County in the evaluation of Letters of Interest received in response to the RLI. Malcolm Pinfie will also assist the County in arranging for and participating in interviews with selected respondents. They will advise the County on which respondent(s) warrant presentations to the County Commission and finally, will prepare and submit a letter report summarizing the results of the RLI process. Task No. 1 Task No. 2 Task No. 3 100% Submittal 100% Submittal 100% Submittal $ 43,500 (completed) $ 33,500 (to be assigned) $14,000 (to be assigned) Additional task(s) will be negotiated. Results of contract negotiations for this task(s) will be presented to the Board, along with a negotiated contract, for approval by the BCC upon completion. GROWTH MANAGEMENT IMPACT: associated with this item. There is no Growth Management impact FISCAL IMPACT: Funds are not specifically budgeted. A budget amendment in the amount of $14,000 will be required to move funds from solid waste fund reserves to the operating budget. RECOMMENDATION: That the Board of County Commissioners: 1) Approve assignment of Task III, Request for Letters of Interest for Solid Waste Disposal Technologies, pursuant to RFP #00-3046, and 2) Approve necessary budget amendments to reflect the negotiated contract amoun[. 7 SUBMITTED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., Interim Solid Waste Management Director DATE: REVIEWED BY: APPROVED BY: Gwen Butler, Acting Director Purchasing Department .'_'Edward N Finm Interim Public Utilities Administrator DATE: DATE: l MALCOLM PIRNIE, INC. ENVIRONMENTAL ENGINEERS, SCIENTISTS & PLANNERS August 11, 2000 G. George Yilmaz, P.E., Ph.D. Interim Solid Waste Department Director Collier County Solid Waste Department 3301 E. Tamiami Trail Building H Naples, FL 34104 Re: RFP ¢¢00-3046 Solid Waste Characterization and Program Analysis Dear Mr. Yilmaz: Malcolm Pirnie, Inc. is pleased to provide this proposal and fee schedule to perform Task III (Request for Letters of Interest for Solid Waste Disposal Technologies) for Collier County in accordance with the above referenced project. This proposal has been revised based on our discussion on August 11, 2000. We feel this revised proposal is now complete and ready to be implemented. The detailed scope of services for this task is described in Attachment 1. We are proposing a lump sum fee of $14,000 t6 cover all labor and expenses associated with Task III. If this proposal meets with your approval, please sign below and retum one copy to us. The signed copy will serve as our notice to proceed with this task. If you have any questions, or require additional information, please do not hesitate to contact us. Very truly yours, MALCOLM PI:RNIE, INC. Stephen C. Schwarz~ Vice President COLLIER COUNTY APPROVAL: G. George Yilmaz, P.E., Ph.D. Interim Solid Waste Director Date Attachment c: Rob French, Malcolm Pirnie (FTM) ' :OC ~EE WAGENER BLVD SUITE 320 FT LAUDERDALE. FL ~v3,~-a567 954-359-3699 RECYCLED ~.~ ER ATTACHMENT I TASK III REQUEST FOR LETTERS OF INTEREST FOR SOLID WASTE DISPOSAL TECHNOLOGIES SCOPE OF SERVICES The Consultant shall provide professional services to Collier County (the "County") in the preparation and advertisement of a Request for Letters of Interest (RLI) for alternative solid waste disposal solutions. The Consultant shall also assist the County in the evaluation of Letters of Interest received in response to the RLI. These services shall be performed through the following subtasks: 3.1 Prepare a Request for Letters of Interest Consultant shall prepare a RLI for the County expressing the County's desire to receive information on alternative and complementary technologies for disposal, processing, or otherwise managing solid waste generated within the County. The RLI shall include: A brief geographical description of Collier County including location and current/ projected population. Current/projected solid waste generation rates. Current methods of disposing of solid waste in the County. The required information to be included in the response and the required format to be used for the response. Consultant will submit a draft RLI to the County for comments by September 1, 2000. Consultant shall finalize and submit the RLI within one week of receiving the County's comments. 3.2 Distribute and Advertise RLI Once the RLI has been approved by the County Commission, the Consultant shall distribute the RLI directly to parties recommended by the County ancL/ or Consultant, and to parties that have otherwise expressed interest in this task. To ensure the County has a reasonable and diversified number of respondents, the Consultant shall also advertise the RLI in one publication specializing in solid waste management. The publication shall have a minimum statewide distribution range. The Consultant shall provide a list of up to five solid waste management publications to the County in which to advertise the RLI. From this list, the County shall select one publication in which to advertise the RLI. The duration of' the advertisement shall be a maximum of one month. 3.3 Identify Qualified Respondents Consultant shall assist the County in selecting qualified respondents. The Consultant shall evaluate all Letters of Interest received to determine which responses warrant further investigation. Letters of Interest received will be ranked in terms of experience, extent to which the proposed technology(-ies) has been proven, financial stability, environmental impacts and benefits, and other relevant criteria. Consultant shall attend one meeting with the County to discuss the findings of its evaluation and shall submit a letter to the County identifying qualified respondents, if any, and recommend a course of action with respect to qualified responses. Recommended action may include requesting interviews with qualified respondents, or otherwise requesting additional information and/or references. 3.4 Interviews Consultant shall assist the County in arranging for and participating in interviews with selected respondents, if, as a result of the evaluation process it is decided interviews are called for. The interviews may be with Consultants and staff, or may be with the County Commission, depending upon the results of the interview process. The budget for this task assumes that no more than five respondents will be selected for interviews. As a result of these interviews and/or additional information provided, Consultant will advise the County on which respondent(s) warrant presentation to or interviews with the County Commission. Consultant's participation in presentations or interviews with the County Commission is not included in the budget for this task. 3.5 Reports Consultant will prepare and submit a letter report summarizing the results of the RLI process. The professional services for Task III, as described in Subtasks 3.1 through 3.5, shall be performed for a lump sum fee of $14,000. EXECUTIVE SUMMARY AMEND THE VANDERBILT BEACH CONCESSION AGREEMENT WITH DAY-STAR UNLIMITED, INC. Objective: Inc. Approve Amendment to the Vanderbilt Beach Concession Agreement with Day-Star Unlimitec~ Consideration: An agreement was entered into with Day-Star Unlimited, Inc. to provide concessior services at Vanderbilt Beach on December 16, 1997 Contract #97-2654. This agreement was subsequentb amended on September 8"' 1998. The agreement is for a term of 3 years and shall be renewable upon the satisfactory performance of the concessionaire for two separate additional periods of one (1) year each. The concessionaire recently requested that the County amend the concession agreement to combine the remainin~ (2) two separate one (1) year extensions into one 2 (two) year extension under the same terms and conditions "The Parks and Recreation Department is agreeable to this change, and has prepared the attached Amendmen accordingly." Currently, the Concessionaire sells and/or rents umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas caps, shirts, beverages and beach related sundries to the public at Vanderbilt Beach. The concession at thi: location has been very positive to the public that utilizes Vanderbilt Beach. Fiscal Impact: The County shall receive fifteen percent (15%) of the gross monthly revenues or~ minimum monthly dollar amount of $300.00. Revenue in the amount of twenty-seven hundred dollars ($2700 : budgeted under General Fund, Beach and Water Park Operations, Concession Fees (# 001-156363-347908). Growth Management: None Recommendation: That the Board of County Commissioners amends the Vanderbilt Beach Concessim Agreement with Day-Star Unlimited Inc, and authorize the Chairman to sign the attached County Attorne, approved Amendment. Prepared by: . _~5;,-L~, UA~ ~" , . .~ Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and M~a'r~//a/fl~/d2; Approved by ... y, Director -2/ Department of Parks and Recreation Date: Reviewed and ~ . Approved by:,,, _ ~,' //'; ( r [.('_C Gwen Butler, Acting Director Department of Purchasing Date: [ ~o.._/a,?/_ I SEP I Z ? 300 Reviewed and g.pproved by: · Leo Ochs, Jr. AdministratO~/ Division of Public Services Date: I Agend~ ' '!.~ee I $EP 122001 EXttIBIT A -1 Contract Amendment 97- 2654 "Vanderbilt Beach Concession Agreement" This amendment, dated ., 2000 to the referenced agreement shall be by and between the parties to the original agreement, Day-Star Unlimited, Inc.(to be referred to as "Concessionaire") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 97-2654 "Vanderbilt Beach Concession Agreement" The following change to the above referenced agreement has been mutually agreed to by the Concessionaire and the County: Item 1 (a.) "Term" shall be changed to read as follows: "This Agreement shall be for a term of three (3) years, commencing within ten (10) calendar days after receipt of the Coastal Construction Setback Line Permit and shall be renewable upon satisfactory performance by the Concessionaire, for an additional t~vo (2) year period, under the same terms and conditions, subject to the subsequent approval of the Board of Count3, Com~nissioners. The County Administrator 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 three (3) year term or following the extended (2) year term. The County must give the Coucessionaire xvritten 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 tc accept the extension. other terms and conditions of the agreement shall remain in force. 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(s) indicated below. BOARD OF COUN'~< COMMISSIONERS ATTEST Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA By: Dated: (SEAL) First Witness By: Timj~fl~] J. Constant/ne, Chairman D -St nm' [ SEP 1 2 2000 .__.Typed Signature and Title CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney Agend& ~t. em No._.__~ ~/_ SEP I ooo EXECUTIVE SUMM3,RY APPROVE AN AGREEMENT FOR LANDSC.ZxPE SERVICES WITH TECH OF COLLIER COUNTY FOR GOLDEN GATE COMMUNITY PARK. Objective: That the Board of County Commissioners approve an agreement for landscape maintenance with TECH of Collier County, Inc. for Fiscal Year 2000-2001 through 2001-2002 with the option to renew the contract for two, one year periods. Consideration: TECH has performed this service for the past nine years, and the program has been of value to both parties. The $6.50 hourly rate for the TECH workers is substantially lower than any other source. Due to the nature of TECH operations, this is not an agreement that can be competitively bid. The cost of the program has been annualized at approximately $33,800. This program will provide the equivalent of 2.5 FTE positions to perform ladscape maintenance within the community parks. Fiscal Impact: Funds are budgeted in FY 200i Parks and Other Property, Other Contractual Services in the amount of $33,800 for this progratn. , Growth Management: This action has no impact on the Growth Management Plan. Recom~nendation: That the Board of County Commissioners approve the sole source attached agreement "--' ,ith TECH of' Coilicr County, Inc. and authorize the Chairman to sign said agreement. Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and ,~~ /~ Approved by: . Marla Ramsey, Director / Department of Parks and Recreation Reviewed and~ //~ Approved by: -_ ~ o_~_,,~z_/ ~.J Gwen Bntler, Acting Director Department of Purchasing Reviewed and Approved by: Leo Ocb. s, Jr.. Acha~ini~trator. Division of Publi~: Seeices Date: Date: Date: O ~ 0 Date: Agenda Ite~ No. S£P 1' z 7ooo AGREEMENT FOR LANDSCAPE fi//AINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (Agreement) made this day of 2000 __ by and betxvcen the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as COUNTY and TECH OF COLLIER COUNTY, INC., hereinafter referred to as CONTRACTOR. WHEREAS, the COUNTY has a need for certain landscape maintenance services and the CONTRACTOR has the personnel and ability to perform such services. NOW THEREFORE, the COUNTY and the CONTRACTOR for and in consideration of the premises, and as hereinafter set out, agree as follows: 1. The COUNTY hereby engages CONTRACTOR and the CONTRACTOR hereby agrees to perform landscape maintenance services employing a maximum of five (5) CONTRACTOR'S workers for a minimum of four (4) hours per day, (5) days per vceek for each ~vorker, at the county parks and other county Ioce!ions as designated by the County's Public Services Administrator or his designee. 2. The CONTRACTOR shall receive compensation for providing said services during the period of time set forth above, as follows: $6.50/hour for up to five workers for 20 hours/~veek per worker, the sum total payment for services under this Agreement not to exceed S33,800 per year. 3. The term of this Agreement is from October 1, 2000, through September 30, 2002, ~vith the option to renew for two, one-year periods. 4. The CONTRACTOR, (including agents or employees) is an independent contractor and shall not be entitled to participate in group life or health insurance programs or pension plans of the COUNTY, and shall not be covered under any fringe benefits of the COUNTY, including but not limited to: vacation, sick leave, holidays, unemployment compensation and worker's compensation. PAGE 1 $EP 1 2 2OOO 5. The CONTRACTOR shall provide and maintain insurance as follows: A. Workers' Compensation: insurance covering all employees meeting statutory limits in compliance with applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. B. Comprehensive 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. 6. Collier County shall be included as certified holder on both the Comprehensive General Liability Policies. Current, valid insurance policies meeting the requirements herein identified shall be maintained by contractor/vendor during the duration of this contract. Renewal certificates shall be sent to the COUNTY 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 stipulated insurance coverage. 7. The CONTRACTOR agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits directly arising out of, because of, or due solel3, to any negligent act or occurrence or omissions or commission of the CONTRACTOR, its agents or employees. 8. This Agreement may be terminated at will and without cause by either party provided that written notice be given one week or five working days prior to termination. Notice shall be made by Certified Mail, Return Receipt Requested, or in person with written acknowledge of receipt of notice. CONTRACTOR shall be compensated for all xvork performed through termination as provided herein. PAGE 2 SEP 1 2 2000 i Notices required or permitted nnder this Agreement sitall be addressed to the authorized representatives for the CONTRACTOR and for the COUNTY who are designated as follows: For the COUNTY: For the Collier County Government Center Attention: Public Services Administrator 3301 East Tamiami Trail Naples, Florida 34112 CONTRACTOR: Leslie W. Leech, Jr., President and CEO Tech of Collier County, Inc. 3966 Arnold Avenue Naples, Florida 34104 1N WITNESS WHEREOF, the parties hereto have set their hands and sees, the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY BY Deputy Clerk Attest as to Chairman's Witness for Tecl~f ~ollier ~ot~nty, lgnc. ~itness for Tech of C~11ie'r f~duhty?ln~:. Approved as to form and Legal sufficiency: Thomas C. Palmer Assistant County Attorney Timothy J. Constantine, Chairman TECH O~"QLLIER COUNTY, IN(~. PAGE 3 SEP 1 2, EXECUTIVE SUMMARY ACCEPT AND SIGN THE GRANT AGREEMENT FOR THE LSTA GRANT PROJECT "SENIORS ON-LINE"; AND APPROVE THE ATTACHED BUDGET AMENDMENTS (2), IN ORDER TO INITIATE THE GRANT. OBJECTIVE: To obtain approval of the BCC to accept the $49,445 LSTA Grant award, receive the signature of the Chairman on the Grant Agreement, and approve the associated budget amendments. CONSIDERATION: The BCC approved this grant application at its March 14, 2000 meeting (items 16.c.8&9). The Library will provide services to county seniors in community living facilities, senior centers and county community centers; and provide on-line library and Intemet access and training to residents unable to come to the Library. FISCAL IMPACT: This Grant provides $49,445 in Federal Grant money to fund "Seniors On-Line". Local matching funds are available from a donation to the Friends of The Library of Collier County, in the amount of $10,000; and from the Library Trust Fund in the amount of $15,100. GROWTH MANAGEMENT IMPACT: This item has no Growth Management Impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the grant agreement for Library Services and Technology Act Grant project "Seniors On-Line", providing the signature of the BCC Chairman on the accompanying Grant Agreement documents; and approve the attached Budget Amendments (2), in order to initiate the grant. SUBMITTED BY: ~/~._. ~ Date: }blarilyn Norris, Extension Librarian / ' APPROVED BY: ~ Date: John , Library Director REVIEWED & APPROVED BY: - Leo Ochs, Jr/P,t/blic Services Administrator SEP 1 2 2000 PROJECT NUMBER 00-LSTA4-01 Florida Department Of State, Division of Library And Information Services IABRARY SERVICES AND TECHNOLOGY ACT GRANT AGREEMENT AGREEMENT executed and entered into BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the SUBGR~&NTEE: Collier County Board of County Commissioners for and on behalf of Collier County Public Library the PROJECT: Seniors On-Line the GRANT AMOUNT: Forty-nine thousand four hundred forty-five dollars ($49,445) released m four equal advance payments as determined by the Division after consultation with the SUBGRANTEE. The funds shall be expended on or before September 30, 2001 Unless O. ere is a change of address, any notice required by this agreement shall be delivered to the DIVISION, 500 Sout~h Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to Collier County Public Library, 650 Central Ave., Naples, FL, 34102, for the SUB GRANTEE. In the event of a change of address it is the obligation of tlne moving party to notify the other party in writing of the change of address. The DIVISION, as admirfislzator of federal funds authorized under Section 257.12, Florida Statutes, is desirous of providing a grant. Federal funds are provided through the Library Services and Technology Act of 1996 under Florida's long range plan approved by the Institute of Museum and Library Services. The SUBGRANTEE agrees to meet all state requirements and requkements of the Library Services and Technology Act, hereinafter referred to as LSTA. The parties agree as follows: The SUBGRANTEE agrees to: a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project proposal and revisions submitted to and approved by the DIVISION. The project proposal and revisions are incorporated by reference. b. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. c. Retain and make available to the DMSION, upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the project. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues wl~ich arise from it, or tmtil the end of the regular 5 year period, whichever is later. e. Pay out all project funds on or before the project ending date. f. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for federal project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable State and Federal laws and regulations. h. Not d~scrmunate against any employee employed in the performance of this agreement, oi-~:.i~; applicant for employment because of race, color, religion, gender, nationat origin, age, r~nmc ~ marital status. The SUBGRANTEE shall insert a similar provision in all subcontracts f4 thSs agreement. /SEP; 2 2000 II. HI. jo Expend all grant funds received under this Agreement solely for the purposes of the project. These funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to the DMSION any and all funds not thus expended. Have an audit of financial operations performed in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and45 CFR 1183.26. 1. In the event the SUBGRANTEE expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. The Notification of Grant Award indicates the Federal.funds awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Deparmaent of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised will meet the requirements of this part. 2. In cormection with the audit requirements addressed in paragraphj. 1., the recipient shall fulfill the requirements relative to auditee respons~ilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 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 $300,000 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 funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). The DMSION agrees to: a. Provide a grant in accordance with the terms ofth/s agreement in the amount and frequency as stated above in consideration of the SUBGRANTEE's performance hereinunder, and contingent Upon funding by the Institute of Museum and Library Services. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state or federal funds on which this agreement is dependent are withdra~, this agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that akeady incre-red by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and evaluating the project. Review the project during the grant period to assure that adequate progress is being rrmde toward achieving the project objectives. The SUBGRANTEE and the DMSION mutually agree that: a. This insmament embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous cornmuni:afions, representations, or agreements, either verbal or ~tten, between the parties. No amendment shall be effective unless reduced in vadting and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or om/ssion to exercise any fight, power or remedy accruing to either party upon breach or default by ci~er part), ,under riss Agreement shall impair any such right, power or remedy of either pa~y; no.'- sha!l such de:23' or ormssion be construed as a waiver o£anv such breach or default, or any' sintilar breach or defau',t. e. 'I~Tis agreer::ent s~hall be terntreated by the DMSION because of failure orate SUBGP~a,.NTEE to fulfill its obligations under t,h: agreement in a fireely and sap~sfactorv rrarmer unless fi~e SLrBGtL~N'TEE demonstrates good cause as to why it cannot fulfill its obligations. Saplsfac',.ion ofobl/zati~e- ~ SL-BGFC.-LWI'EE shal', ;o,,e dz:emth:cd by the DFVISION based on tl',e ~c,w,,.s aqd co:ldiPionl unpos}~ on the ...... ~:~:,,.,, ::. i:: :i:i~ :_:rvzr:~c::: .... ' . . ~ ........... :..~ DIVISION shall -:'2 f.. g. h. i. j. k. D- provide SUBGRANTEE a written notice of default letter. SUBGRANTEE shall Imve 15 calendar days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period, the DMSION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is deftned as circumstances beyond the SUBGRANTEE's control. In the event of termination of this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination. The Division shall unilaterally cancel this agreement if the SUBGRANTEE refuses to allow public access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State quarterly. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida Statutes. '[he DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the SUBGRANTEE. The SUBGRANTEE, other than a SUBGR.ANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for dan:ages of any nature, including but not limited to personal injury, death, or damage to propertl,', arising out of any activities performed under this agreement and shall investigate all claims at its own expense. The SUBGRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The SUB GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts w/th vendors for services and commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the SUBGRANTEE that the DIVISION shall not be liable to ths Subcontractor for any expenses or liabilities incurred under the subcontract and that the SUBGRANTEE shall be solely liable to the Subcon,actor for all expenses and liabilities incurred under the subcontract. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity. or increases the limits of its liability, upon entering into a contractual relationsh/p. The SUBGRANTEE, its officers, agents, and employees, in peffonnance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement., SUBGRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career ~Service. SUBG.RA.NTEE agrees to take such steps as may be r, ccessary to ensure that each subcontractor of the SUBGILM','TEE will be deemed to be an independent contractor and v,411 not be considered or permitted to be an agent, servant, joint venturer, or parmer of the DIVISION. The SUBGIL~.NTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this agreement without prior written con.sent of the Department, which consent shall not be m,xeasonably x~4fifi~eld. The agreement transferee must demonstrate compliance with the requirements of the program. If the Department approves a transfer of the SUBGiLANTEE's obligations, the SUBGIL&NTEE remains responsible for all work performed and all experroes incurred in connect/on with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the Deparnnent to another govemmaent entiD' pursuant to section 20.06, Florida Stcrutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an ori£inal party to the agreement. 'I't,.is agreement shall bind th,: successors, assigns and legal representatives of fi:c SUBGRANTEE and o£ ~n:' lc~:al entity mat surct.,~:.~ to me obligation of the DIVISION. ['-- ~*;z~',, ',Ui:cn pubiirauons. '.it:z, ~,r similar mnt~-rials are developed, directly or indirecfiv frojn a :::.',::::. c,r ::cti', i:v: ,.:.-:, .?t:..! '.~ ith ..... funds, any copyright resulting thcrt-f~o:u sh2li be held bv !'a~c 5 of-; ..... go Department of State. The author may arrange for cop~a-ight of such nxaterials only after approval front the DMSION. Any copyright arranged for by the author shall mclude aclmowledgment of grant assistance. As a condition of grant assistance, the SUBGRANTEE agrees to, and awards to the Department and to its officers, agents, and employees acting within the scope of their official duties, and ifapphcable, the Federal Government, a royalty-free, nonexclusive, and irrevocable hcense t~-oughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable .material based on such data covered by the copyright. No costs incurred before the date of this Agreement shall be eligible as project expenditures. No costs recurred after the completion date or other termination of the Agreement shall be eligible as project expenditures unless specifically authorized by the DMSION. The term of tkis agreement will commence on the date of execution of the agreement. If the SUBGRANTEE award period is extended beyond the original Agreement period, the final report will cover the entire grant period of project acfiv/fies and is due within thirty days after the end of the extended grant period. Any modifications or attachments to this Agreement are enumerated below. THE SUBGRnMNTEE THE DIVISION BOARD OF COUNTY COMMISSIONERS OF COLLIER COL,rNrTY, FLORIDA By: Timothy J. Constantine, Chairman Date: ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk ~Vitness Barratt Wilkins, Director Division of Library and Information Services Department of State, State of Flor/da Witness Witness Wireess Approved as to form and !e_gal sufficiency: Thomas ~. Pa~r}er, Assistant County Attorney Page 4 of 4 BUDGET AMENDMENT REQUEST For Budge~dFinance Use Only JE# ................................. BAR// .............................. A.P.H. Date ....................... IFUND TITLE Librat)' Grants129 Date prepared: 8/28/00 Approved by BCC on FUND NO. 129 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL Library Administration & Headquarters Library ~Cost Center Title 156110 Cost Center No. Seniors On-Line Project Title 133o14 [ Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 634999 Other 7,620 ~ -0- ' 7,620 Contractual Services 640200 Mileage 1,800 -0- 1,800 Reimbursement - regular 764900 Data Processing15,680 -0- 15,680 Equipment TOTAL 25,100 Library Administration & Headquarters Library Cost Center Title 156110 Cost Center No. Seniors On-Line Project Title 133014 I Project No. Expenditure Expenditure Increase Current Object Code (Decrease) Budget -0- 512100 521100 522100 28,504 lIR.evised IBudget 12~,504 Title Regular Salaries Social Security Matching Retirement Health Ins. Life Insurance Workers Comp. regular O.of Co. Travel Printing/Bind Office Supplies Minor Office E. Minor Office F. Minor Data Eq. 2,181 ][-0- ][ 2,181 4,689 ,523150 4,700 523160 103 524100 128 1,000 1,000 -0- 4,689 -0- 4,700 -0- 103 -0- 128 -0- 1,000 -0- 1,000 -0- 2,140 2,140 220 -0- 220 3,500 -0- 3,500 1,280 -0- 1~80 TOTAL 49,445 640300 647110 651110 651910 651930 651950 SEP 1 2 2000 REVENUE BUDGET DETAIL Library Administration & Headquarters Library Cost Center Title 156110 Cost Center No. Seniors On-Line Project Title 33014 Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 331741 Library 49,445 -0- 49,445 Services & Technology, 366900 Contributions -10,000 -0- 10,000 Private Source 929020-48'1612 Interfund 15,100 -0- 15,100 Transfer TOTAL 74,545 EXPLANATION Why are funds needed? Funds are needed to finance the Federal LSTA Grant Project,"Seniors On-Line," awarded to the Collier County Public Library through the Florida Department of State, Division of Library and Information Services. Where are funds available? Funds are available in 129-156110-331741 (Library Services and Technology) as a result of an LSTA grant award of $49,445 for FY 2000-2001. Matching Funds are also available in 129-929020-481612 from the Library Trust Fund, in the amount of $15,100. Matching Funds in the amount of $10,000 have also been donated by the Friends of The Library for this Grant Project and are budgeted in 129-156110- 366900. REVIEW PROCESS Cost Center Directo .-____ Division Administrator:- Budget Department: Agency Manager: Finance Department: Clerk o£Board Admin.: Input by: B.A. No.: BUDGET AMENDMENT REQUEST Fo~ Budgct'Finance Usc Otdy B.~ .............................. JE# ................................ A-P.H. Date ....................... FUND TITLE Libra~' Trust Fund Date prepared: 8/28/00 Approved by BCC on FUND NO. 612 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL Library Administration & Headquarters 'Library Cost Center Title 156110 Cost Center No. I ];roject Title Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 764900 Data Processing(15,100) 61,992 46,892 Equipment TOTAL (15,100) Interfund Transfers I]929020 Cost Center Title I IC°st Center No. I ;roject Title ] I ro m No. Expenditure Object Code 911290 IExpenditure I Title Library Grants Increase Current (Decrease) Budget 15,100 - TOTAL 1~,100 Revised I SEP 12 ZOO0 ii Cost Center Title Cost Center No. [ Project Title Project No. Revenue ' Revem, e TitleIncrease Current --~ Object Code (Decrease) Budget I Revised Budget TOTAL EXPLANATION Why are funds needed? Funds are needed as part of $25,100 in '~ ~' matching funds committed to receive the $49,455 LSTA grant award for the Collie;' County Pub~,ic Library's "Seniors On-Line" grant project. Where are funds available? $15,100 are available in the Library Trust Fund (612-156'110- 764900) for this project. TILe $10,000 balance in matching funds is being donated by the Friends of The Library of Collier County, Inc. and will be placed in the Library Grants Fund (129-156110-366900). REVIEW PROCESS Cost Center Director: Div':sion Administrator: Buc',gct D '?~ r~rl, mcnt: .,Agency Manager: Finance Department: Clerk of Board Admin.: , Input by: B.A. No.: ( / DAam EXECUTIVE SUNIMARY ACCEPTANCE OF LIBRARY LONG RANGE PLAN AND APPROVAL OF LIBRARY STATE AID APPLICATION. OBJECTIVE: Acceptance of the Library Long Range Plan, current year action plans, and State Aid to Libraries Application, and approval for the Chairman to sign the application and Long Range Plan. CONSIDERATIONS: Collier County Public Library qualifies, under Chapter 257 of the Florida Statutes, for State Aid to Libraries. This program is administered by the Florida Department of State, Division of Library and Inkermarion Services. The Application and Long Range Plan are requirements to receive the State funding. The Board has approved submission of the Application for State Aid and associated contracts and documents for over two decades. State Aid to be recognized in FY 2001 is anticipated in the County's FY 2001 budget as Fund 129 revenue. State Aid is available to Florida public library systems which qualify as a result of meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter lB-2 Florida Administrative Code. The grant amount is calculated by means of a formula, which considers: (1) the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue a one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida which qualify in a given year, and (3) the total amount made available by the State Legislature for such grants for the year. State Aid to Libraries is. by legislative intent, provided to improve library services within the State, and is to supplement, rather than replace, local effort towards that end. The Long Range Plan is prepared by the Library Staff in consultation with the Library Advisory Board and includes various components required by the State Library. FISCAL IMPACT: State Aid was included as anticipated revenue ($350,000) in the FY 2001Collier County Budget (129-156110-334710). The actual amount likely to be received may be slightly more. A budget amendment will be prepared to authorize the expenditure of the difference once a final figure is available. FOnds that result from this particular application will not arrive until FY 2000-2001. GROWTH MANAGEMENT IMPACT: State Aid may not be used to fund capital construction. It may be used for operating purposes and equipment. RECOMMENDATION: Staff recommends the Board accept the Library Long Range Plan. authorize the Chairman to sign it and the application for State Aid, and approve their submission to Florida Department of State, Division of Library and Information Services. Marilyn Matt, ties, Assistant Director REVIEWED APPROVED REVIEWED APPROVED AND XN i ~ BY: ,,'\~,~kf'fk. flJ ! ~ John ~.~le~,-Ligrff~ ~i~'ect~ AND "~,,, .~?' ~~~ LeS-Ochs, Jr., Pub~rvices'Administrator Project Number FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2000-2001 STATE AID TO LIBRARIES GRANT APPLICATION Single County Library The Board of Coun_ty Commissioners, (name of library governing body) governing body for the Collier Coun _ty, Florida, (name of county libral¥) hereby applies to the Division of LibraW and Information Services, Flodda Department of State, for State Aid to Libraries grants as authorized under Chapter 257, Flodda Statutes, and guidelines for the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 2000 and ending September 30, 2001. .rtification of Local Operating Expenditures We certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 1998, and ending September 30, 1999 (second previous fiscal year) for the operation and maintenance of a library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program We further certify that the amount listed below does not include any of the following: Funds received from the federal govemment Funds received from the state government * Funds used for purchase or construction of a library building or library quarters Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 1998 and September 30, 1999. (The second'previous year) Form #DLIS/SA02 $ 3,886,049_~ Grant Agreement The Applicant (Grantee) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant program. I. The a. do Grantee agrees to: Expend all grant funds awarded and perfor~ all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial and other reports as requested. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national odgin, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. Submit an audit or attestation statement pursuant to Section 11.45 and-216.349, Florida Statute.,,s. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. DIVISION agrees to: Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant program. Distribute grant.funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. '"'This instrument embodies the whole agreement of the parties. Do Go There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Flodda. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such dght, power or remedy of Form #DLIS/SA02 Effective 4/1/98 SEP 1 2 2000 fo ho either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any s~milar breach or default. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entedng into a contractual relationship. The. Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other dghts or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. The Grantee shall not assign, sublicense, nor otherwise transfer its dghts, duties or obligations under this agreement without the pdor v,~'itten consent of the DIVISION, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantees obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the dghts, duties or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the dghts, duties and obligations under this agreement shall also be transferred to the successor government entity as if it were an odginal party to the agreement. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed.on the Grantee iq paragraphs I .and III of this agreement and guidelines for the State Aid to Ubrades Grant program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time pedod. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice Form #DLIS/SA02 Effective 4/1/98 shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of the notification of grant award. THE APPLICANT/GRANTEE BOARD OF COILJNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTH J. CONSTANTINE, Chairman DATE: THE DIVISION Katherine Hards Secretary of State Date A'I-FEST: DWIGHT E. BROCK, Clerk Clerk of the Circuit Court Approved as to form and legal sufficiency: Thoma~C.~Pa~l me i'~<A'~v4~""-'---" Assistant County Attorney Date Witness Form #DLIS/SA02 Effective 4/1198 0 ~ ~ 0 o (::D cD I-- o "~ I. IJ. ¢"3 ~>' - ~ a:: ~ = O~ z(.'3 ~ ~> o.~ = = c> c> c> I s£P 12 ~ooo Collier County Public Library Long Range Plan FY01 August 25, 2000 Including: Long Range Plan 2001 Supplement August 25, 2000 Technology Plan Update August 25, 2000 Long Range Plan 2001 Supplement FY2001 Action Plan August 25, 2000 Revised 8/25/00 Agenda, ~ t.~em / SEP 2000 Pg.. c7 _ I. MISSION STATEMENT Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. II. GOAL, OBJECTIVES AND STANDARDS A. Goal It is the goal of the Collier County Public Library to provide a modern Public Library system that serves the informational, educational, and recreational reading and multi- media needs of residents of all ages, interests, and circumstances. B. Objective 1: Services Collier County Public Library will provide an array of services to the citizens of Collier County that are consistent with the goals, objectives and policies of the Library Advisory Board, the Collier County Board of Commissioners, and all relevant elements of the Collier County Growth Management Plan. · Standard la The Library under the approval of The Library Advisory Board shall fulfill the following roles, services and activities: · Community Information Center · Preschoolers Door to Learning · General Reference Librap./ · Popular Material Library · Formal Education Support Center · Independent Learning Center · Research Center · Access to Modem Multi-media · Sponsor of Educational, Information, and Cultural Program & Activities · Standard lb The Library shall periodically evaluate through surveys, output measurements and patron interviews the services provided and determine if the balance of the various roles of the library are appropriate to the needs of the community. Agenda I~~e~ No. ooo C. Objective 2: Levels of Service-Materials The Collier County Public Library shall adopt levels of service standards in order to provide the residents of the county with a collection of Library materials that will aid in the provision of their educational, informational needs. · Standard 2a The Library book collection shall equal the standard set forth in the Growth Management Plan. · Standard 2b The periodical collection shall equal 1 subscription per 450 residents, with sufficient unique titles to meet the general and special interest of the community. · Standard 2c The Library shall provide current high demand audiovisual materials equal to a minimum of 50¢ per capita to meet the needs and desires of the community. · Standard 2d The Collier County Public Library shall participate in regional, statewide and national consortia or networks to enhance access to information and achieve economics by sharing resources. D. Objective 3: Levels of Service-Staff The Collier County Public Library shall adopt Levels of Service Standards to provide a Library staff that is sufficient in number and in range of expertise to provide access to the Library collection and to other information resources throughout the region, the state and the nation. The County Manager and Board of County Commissioners must approve this policy. · Standard 3a The Library shall maintain the professional Librarian staff at one per 10,000 residents. · Standard 3b The Library shall maintain the support staff at 2.5 per professional in 1996, 2.75 in 1998 and 3.00 per by the year 2000. E. Objective 4: Level of Service-Facilities · Standard 4a As per the Growth Management Plan the county shall provide minim~ly .33 square feet of Library facility space per capita. · Standar0 4b The Library Advisory Board shall develop and maintain a long range building plan. III. LIBRARY SERVICE ROLES The Library has identified six major service roles that it plays in the community. Each role description is a shorthand method of describing what the Library is endeavoring to accomplish, who should be served, what benefits will be derived for the community and what resources are required to fulfill that role. A. FORMAL EDUCATION SUPPORT CENTER The Library assists students of all ages in meeting educational objectives established during their formal courses of study. This includes students in elementary and secondary schools, community colleges, universities, or technical schools, as well as those in training programs, adult basic education, and continuing education courses. While the Public Library does not accept primary responsibility for satisfying the information needs of students in a formal education program, it is an indispensable adjunct to the libraries found in the educational institutions. However, the Public Library does accept primary responsibility for the independent learner, the vocational training programs and other citizens involved in non-stnlcmred learning experiences 1. Benefits to the Community Citizens find material to supplement what is available in school or academic libraries. The Public Library is an alternative site when school or academic libraries are inconvenient or unavailable. In addition, the shared use of materials needed may save individuals thousands of dollars annually. 2. Resources Needed to Fulfill Role Support of a Formal Education Center requires the collection of Library materials to contain resources in all formats and educational levels through the undergraduate level. Resources include reference materials, periodicals, abstracts and indexing services, on-line databases, and access to interlibrary loan. The staff must be trained and possess a working knowledge of sources of appropriate information to meet the needs of these Library users. 3. Measurements to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. These will include: A~endA Item~ NO .~ SEll 1 2 · , ~ · User surveys · Reference completion rate · Inter-library Ioan activity reports · Reference activities statistical reports · Unsolicited patron comments B. INDEPENDENT LEARNING CENTER Learning is a lifelong process, and the Library supports individuals of all ages pursuing a program of learning independent of any educational provider. The Library will support individuals in their quest for self-improvement, job-related development, hobbies, and cultural interests. The staff must be capable of helping these learners identify an appropriate selection of materials, determine needed resources for the collection and actively engage in on-line research. 1. Benefits to the Community Citizens can fulfill their lifelong learning needs through an unstructured program of self-determined and self-paced study. Independent learners seeking a higher degree of employment skills can make use of the resources to advance in the workplace, improve their standard of living, and in general participate at a higher level in the community. In its simplest form, a citizen can learn to plant a garden, to fix a clock or to select the best value in the marketplace. Through this role, the Public Library supports an educated, self-reliant and productive citizenry, thus contributing to the stability, attractiveness, and economic well being of the community. 2. Resources Needed to Fulfill Role The Library collection must have a wide range of circulating subject materials relevant to the interests of independent learners of all ages. The materials must be in a variety of formats and geared to varying levels of ability. The staff must be trained and smiled in assisting both the serious and the casual learner. The Library facilities must be easy to use, have good signage, comfortable reading areas and quiet study locations. 3. Measurements to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Non fiction circulation per capita · Statistical report of non fiction multi-media · Patron interviews and comments · InterLibrary Loan subject and reports Agenda, It4~r~ / NO. ~ C. POPULAR MATERIALS LIBRARY For many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for persons of all ages. The library must actively promote and encourage the use of its resources. 1. Benefits to the Community Library patrons have access to a wide variety of popular materials for reading, listening and viewing. Reading is the #1 past time in the United States. Without ~ the Public Library individuals would have to purchase these materials. Thus the Library returns an economic benefit to those who borrow rather than buy. In addition, the library's support for Cultural and leisure activities makes the community an inviting place to live in and visit. 2. Resources Needed to Fulfill Role The library collection must include current and popular materials in a variety of formats, with sufficient duplication to meet demand. The staff must be knowledgeable about current popular subjects, anticipate publishing trends and gauge public interest. 3. Output Measurements Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Circulation per capita · Collection turnover rate · Patron comments D. PRESCHOOLERS' DOOR TO LEARNING The Library encourages young children to develop an interest in reading and learning through services for children, services for parents and children together and services for children's care-providers. Parents and other adult caregivers can locate materials concerning reading readiness, parenting, childcare and child development. The Library promotes reading readiness from infancy, providing services for self- enrichment and for discovering the pleasures of reading and learning. Services include programs for infants, for parent and toddlers and training for parents through workshops, book talks and other parenting skill development activities. The Library provides outreach to day-care centers, the school system or the recreational and community centers. The Library specializes in reading readiness programs designed to introduce children and parents to a wide range of materials and formats. Agenda, I.~em, SEP 1 2 1. Benefits to the Community Preschoolers have a place designed for their educational and recreational needs with trained adults to lead, guide and direct their intellectual curios'~ty, stimulate new interests and to instruct them in finding information. They become familiar with Library materials in a variety of formats and develop reading, listening, viewing, and thinking skills. At the Library, parents can obtain resources and services to support their efforts to develop their children's interest, experience and knowledge. For the community, the Library promotes early reading and the acceptance of reading as a normal and satisfying endeavor. This role promotes life long learning, and contributes to the community as a center for the intellectual growth for individuals of all ages. 2. Resources Needed to Fulfill Role The collection nmst contain a variety of materials and formats for preschoolers and for adults working with young children. The collection will provide a variety of media to help children expand their imagination and develop motor and sensory skills. New and historically popular books will be available in multiple copies. The staff must be professionally trained, knowledgeable about early childhood development and children's literature .and capable of promoting reading readiness. The)' must have the training and ability to guide children's choices of books and other materials. In addition, they must be skilled in planning and conducting programs. The Library facilities must be in areas easily accessible to young children. Ample, inviting space must be provided for programs and story hours. The children's space must be visual and exciting, well organized, well kept and active. 3. Output Measurement to Evaluate Role a. Circulation per capita for juvenile patrons b. Visits per capita (children's population) c. Number of children's programs presented per location d. Children's program attendance per capita e. Registration per capita f. Number of parenting activities provided E. REFERENCE LIBRARY The library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. The Library promotes on-site and telephone reference information services to assist citizens in accessing needed information for both personal and professional lives. Information provided may range from answering practical everyday questions, and specialized business related research, to answering questions about government or providing consumer / - ~genda. infornaation; in addition, the library ~,~,ill particip-nte in interlibrary loan and cooperative reference service to meet patron needs for information not available locally. The reference role requires the development and advancement of electronic data capabilities to allow participation in regional, statewide, and national information networks. Benefits to Community The reference collection is considered the 'heart & soul' of the library service. If practically developed, the collection provides the source data to deal with many of the informational and educational needs of a normal adult community. The scholarly benefits assist the public school student and support the educational process. A good working reference collection saves the taxpayer money and provides them with current, accurate, and easy to understand practical information. 2. Resources Needed to Fulfill Role The collection must contain a large number of practical titles, extensive serials holdings, electronic data capabilities along with an extensive array of printed and electronic abstracting, indexing and database services. The collection will contain some scholarly and technical materials; however, they will be limited to the junior college level. The main thrust of the collection will follow the 'peoples university of practicality' concept. 3. Output Measurements to Evaluate Role a. Number of reference questions asked b Reference questions per capita c. Number of reference questions answered d. InterLibrary loan activity e. Subject studies IV. MATERIALS 1. Books The Growth Management Plan adopted by the Board of County Commissioners, calls for the development of the book collection at the rate of 1.05 books per capita. In 1994, the Board of County Commissioners instructed staff to increase the books per capita threshold by a rate of .05 yearly until the State mean is reached. In 1998, the Board of County Commissioners again raised the books per capita threshold to .075 yearly. The following chart visually depicts book stock requirements as it relates to population growth. s £P f 2 j]oo YEAR GMP BOOKS ADJUSTED REQUIRED BOOK PER CAPITA POPULATION STOCK 1999-00 1.375 250,027 343,787 2000-01 1.450 260,028 377,041 2001-02 1.525 270,429 412,405 2002-03 1.600 281.,246 449,994 2003-04 1.675 292,496 489,931 2004 -05 1.750 304,196 532,343 2005-06 1.825 316,364 577,364 The cost of the books will be calculated based upon actual systems data and the cost projections provided through various American Library Association approved sources such as Publishers Weekly annual cost list. *At present, the actual book stock meets requirements. 2. Non book materials The Library system will continue to take advantage of new innovations and products that relate to the mission statement of the Collier County Public Library. The following areas at least through the year 2005, will continue to be developed as major non-book activities. Periodicals Newspapers Videos Books on Tape CD-ROM applications for home computers Music for listening pleasure. Internet Electronic data bases V. STAFF The Growth Management Plan has no mechanism that addresses the need for new staff members to support the growing infrastructure envisioned by the Plan. In addition, the Library profession has no official standards to serve as guidelines for staff size. Thus, staff size is a local matter ultimately depending on the budgetary conditions of the local government and the philosophy of the County Manager and/or the Board of Commissioners. The two most accepted methods for calculating staff size are both centered on means testing. These methods are: gend.& Item NO. 1) Full time equivalents (F.T.E.) per 10,000 residents 2) Circuiation per employee For both of these methods there are national and state norms created. In 1995, The Library Administration adopted and presented a model for circulation per employee to the County Management and the BCC. This model was based on state and area norms. The State mean is 1 employee for every 13,890 circulations. The local area mean is 1 employee for every 15,865. This includes Lee County's standard, which is 1 employee for every 14,370 circulations. At present, because of budgetary constraints, the Collier County Library ratio is 1 employee for every 21,000 circulations. At the end of fiscal year 1996, this ratio exceeded 1-25,000 circulations. The LAB finds the ratio intolerable, but lacks the authority to mandate a personnel standard. Projected Staff Needs for the Collier County Public Library Year Population # of # of non- Total staff Professionals professionals needed needed 1999-2000 284,000 28 84 t 12 2000-2001 297,000 29 87 116 2001-2002 312,000 31 93 124 Projections are based on the American Library Association norm of 1 professional for each 10,000 citizens and 3 non-professionals for each professional. It should be noted that at present the Collier County Public Library is authorized 72 FTE's, or approximately 64% of standard. VI. FACILITIES A. AUTHORITY The Growth Management Plan adopted by the Board of County Commissioners calls for public Library facilities to be constructed at the rate of .33 square feet of space for each citizen. In addition, the G.M.P. provides a mechanism for the stocking of these branches by identifying books as a capital expense and creating a books per capita threshold. The G.M.P. does not provide for the daily operations of new facilities built unde program. The legally constituted Library Advisory Board is required by the Board of County Commissioners to approve and adopt a recommended Long Range Plan for the construction of said Library facilities as authorized by the G.M.P. In addition, the LAB also recommends the general areas for the locations of these facilities. B. POPULATION The population of Collier County in 1970 was calculated to be 38,040. This population had grown to 186,504 by 1995. According to a report by the Bureau of Economic and Business Research, Collier County's population grew by 77% during this time frame while the rest of the state grew by only 33% and the U.S. by 10%. Collier County has an estimated population density of 92.1 persons per square mile. Between 1990 and'1995, Collier County's permanent population is estimated to have increased by 35,000 people with growth continuing at an annual rate of approximately 3%. The pace of growth is expected to continue at this level. The Collier County Public Library serves three distinct segments of this population. The largest segment is comprised of the 12-month residents. This figure is officially calculated every 10 years by the census bureau and up-dated periodically by the State of Florida. This permanent segment is estimated to be 180,000 citizens. In addition to the 12-month population, a unique feature of Collier County is another segment, which declares, for tax purposes, Collier as its home residence. These citizens are required by law to domicile within the County at least 6 months plus 1 day each year. This population is estimated to be about 80,000 strong. These two segments create a year round Library service population of about 260,000 people. The third segment of the population is comprised of those who choose to only winter in Collier County; therefore, limit their stays from 30-120 days. This population can add as many as 60,000 additional citizens to the service base during the time frame referred to as "the season". One' characteristic common to all three populations is their use of the public Library system. In recognition of this floating population figure, a weighted population scale was adopted as part of the growth management planning process. This scale more accurately reflects the actual user population of our public Library system. In addition to all County and State data, public Library records support the weighted population concept. For the time periods of November through May, Library usage and circulation is 30% greater than June through October. In addition, a review of internal records reveals large numbers of multi-residence users and a high number of non-resident users. Chart #1, visually depicts the estimated actual figures for'our population. Chart #2, visually depicts the weighted population and square footage requirements. Chart #3, depicts our present inventory of square footage by location. CHART #1 COLLIER COUNTY - Permanent Population Estimates and Projections By Planning Community (1990-2020) (April 1) Planning Communities1990 1995 2000 2005 2010 2015 2020 North Naples 24,892 38,438 51,877 66,417 82,230 100,152 119,825 Central Naples 13,595 15,150 20,448 26,179 32,411 39,475 47,230 East Naples 19,627 21,429 28,922 37,028 45,844 55,835 66,804 South Naples 12,820 16,809 22,686 29,044 35,959 43,796 52,399 Golden Gate 18,412 25,675 34,652 44,364 54,927 66,897 80,038 Marco Island 10,975 13,146 17,743 22,716 28,124 34,253 40,982 Urban Estates 4,719 8,790 1L863 15,188 18,804 22,903 27,402 Immokalee _15:314 18,260 24,645 31,552 39,064 47,578 5&924 Rural Estates 5,482 10,771 14,537 18,612 23,043 28,065 33,578 Corkscrew 1,229 1,419 1~915 2,452 3,036 3,697 4,424 Royal Fakapalm 4,992 6,101 8,235 10,543 13,053 15,897 19,020 Big Cypress 218 245 330 422 523 637 762 City of Naples 19,505 20,629 21,681 22,787 25,455 26,753 28,118 Everglades City 321 538 567 597 628 661 696 Cou~nty Wide Total152,099 197,400 260~100 327,900 403,100 486~600 578,200 Source: Bureau of Economic and Business Research. University of Florida BuUetin #111, February 1995 Note: All projections based upon Bureau of Econotnic and Business Research "high" range figures,-and are as of April I. CHART #2 Square Footage Requirements via G.M.P. YP~ar 98-99 99-00 00-01 01-02 Population 270,027 283,529 298~134 G.M.P. Square Footage Requirement 89~189 93,564 98~384 103,296 313,020 02-03 327,907 108,209 03-04 342,793__ 113,121 04-05 357,679 118,034 2010 403,100 133,023 CHART//3 Present Inventory of Square Footage Branches In Place & Usable Additions Approved Total and Funded Collier North 7,000 0 7,000 Headquarters 35,800 0 35,800 Golden Gate City 7,000 0 7,000 East Naples 6,600 0 6,600 Marco Island 11,600 0 11,600 Everglades City 900 0 900 Estates Branch "il,200 0 11,200 Immokalee 4,000 0 4,000 C6unty Totals 78,100 0 84,100 C. FACILITY LOCATION While the G.M.P. addresses the square footage requirements for library service, it does not specifically deal with the concept of location or size, nor does it support or deny stockpiling or building for future growth. Thus, future site planning for the locations of Library Service Centers is dependent upon proper interpretation of projected population growth by area. In Collier County, a great deal of raw data pertaining to this activity is already collected, stored and interpreted by various County offices. This data is public record and available for review by all citizens. Of particular value when reviewing this data are the build-out studies, traffic flow reports and the long range planning done by Road & Bridge. In addition, many land use patterns have already been approved and permitted. Map #1 visually depicts the present locations of our Library Service Centers and the 12 planning communities of Collier County. D. PROJECTED POPULATION GROWTH Collier County has become increasingly popular as a primary home for many people.' This gro~vth is due to many factors of which one is our County infrastructure, which provides outstanding public services and a high quality of. It is estimated that during peak seasonal months, all planning areas except Immokalee realize a 33% population surge. While this surge is recognized, it is not one of the key factors used in identifying permanent population growth. It is also noted that sometimes population projections do not fulfill expectations. However, careful studies of existing PUDs and other land use project documents can lead to some very accurate forecasting of a general nature. In other words, you may not be able to identify a particelar street, but you can pick a neighborhood. The following chart reflects the population growth within the service radius of each branch. POPULATION PROJECTIONS BY AREA Branch Library Planning DistrictsTotal Pepulation Total Population Total Population Total Growth Served Within 1995 2000 2005 Radius Collier North 1-2-12 62,500 95,500 109,500 47,000 Estates Branch 8 11,000 15,000 19,000 8,000 East Naples 4°5 38,500 52,000 66,000 27,500 Golden Gate 3-8-12 46,000 61,500 77,500 31,500 Marco Island 6 14,000 18,000 23,000 9,000 lmmokalee 10 18,000 24,000 31,000 13,000 *In the above ct~art, the line for rural estates, combines planning districts 8 and 12. This chart 'indicates that large population growth is expected in planning areas 1,2, 3, 4, 5 and ~2, during the next 10 years. Districts 1, 2 and 12 are homogeneous in location forming the Northwest boundaries of the county. A study of the building permits issued over the past several years would indicate that district 2's growth is slowing down and may be approaching build-out. However, districts 1 and 12, have issued permits at a rate higher than the combined rate of all the rest of the county. The two charts shown in Appendix 1 visually depict a six-year history of the building permits and the type of structures being constructed. These charts clearly indicate that the North is growing, followed closely by Golden Gate and the Estates. The third area for growth includes South Naples and Marco Island. E. POPULATION CONCLUSIONS The next step is to tie the past into the future. During the past 25 years, our County's population has grown by 150,000 people. Between 1980 and !990, the County population grew by 77% for a 10 year average of 7.7% per year. However, from 1990-1995, the growth slowed to approximately 3% per year. It is now believed by most planners at the State and local area, that the 3% growth rate will become the norm with a full County build-out producing a population in the mid 400,000 range. A study of land use maps, a review of present zoning laws and environmental requirements and limitations, makes it very clear that growth will come and, just as important, where it will be located. Over the next I0 years, the largest population growth and construction activity will take place in the northern sector of planning district 1 and the Northwest sector of ~lanning Agenda ,Ite~ , $EP 1 2 2000 district 12. Planning district 6 which is Marco Island and planning district 3 which is Golden Gate ,,,,,ill also grow rapidly. Itowever planning district 5, which is South Naples, will grow at about the same rate as districts 3 and 6. The following chart of housing unit projections supports this growth pattern. COLLIER COUNTY Housing Unit Projections (1990-2020) Planning Community 1990 1995 2000 2005 2010 North Naples 15,769 24,637 33,036 42,484 53,022 South Naples 8,698 11,500 15,418 19,845 24,750 Central Naples 8,279 9,561 12,820 16,486 20,574 East Naples 11,777 13,382 17,944 23,075 28,798 Marco Island 12,207 14,904 19,985 25,700 32,075 Golden Gate 9,672 13,048 17,496 22,499 28.~080 Urban Estates 1,977 3,436 4,608 5,926 7,395 Rural Estates 1,810 3,439 4,612 5,931 7,402 Royal Fakapalm 3,014 3,745 5,022 6,458 8,060 Big Cypress 121 142 190 244 304 Corkscrew 426 507 681 875 1,092 Immokalee 4,911 6,024 8,077 10,387 12,963 Unincorporated Totals 78,661 104,325 139,889 179,910 224,515 Incorporated Areas 1990 1995 2000 2005 2010 City of Naples 15,312 ' 1~6,124 16,874 17,624 18,374 Everglades City 192 206 212 217 223 Incorporated Totals 15,504 16,330 17,086 17,841 18,597 County Wide Totals 94,165 120~655 156,975 197,751 243,112 Note: Housing unit projections were generated by dividing high range population projections by person per total dwelling unit figures from the 1990 Census as determined by in-house population estimates. Figures based upon March, 1994 data. Source: Collier County Comprehensive Planning Section, March 1995. F. AREA LOCATIONS FOR LIBRARY SERVICE CENTERS A review of all information concerning population growth and the location of that growth clearly identifies four general areas within the Collier County borders that will most likely be effected. Those areas are: ~.) 2.) 3.) 4.) The Northwest portion of the County, (District 1 and 2). The Golden Gate Estates area (District 3 and 8). Marco Island (District 6). South Naples (District 5). 2000 At the present timc, districts 3 and 8 are serviced by two branch Libraries. Golden Gate City with 7,000 square feet and the Estates branch, with 11,200 square feet. The projected population for this area by the year 2005 is 59,552. Using the G.M.P. factor of .33 square feet, a maximum square footage of 19,000 would be needed. The existing 18,200 (if properly maintained) should be adequate through the year 2007 or 2008. At present, the Marco Island Branch Library services district 6. The present building contains 5,600 sq. feet. In the fall of 1996, a 6,000 square foot addition will be added. Thus, 11,600 square feet of Library space will service Marco Island. The projected population for this area is 30,000. Using the G.M.P. factor of .33 indicates a modest surplus at the year 2005. If properly maintained, the new Marco facility will be capable of providing Library service through the year 2020. These calculations leave us with two remaining areas as possible locations for Library service centers. They are planning district 1 and 12 and planning districts 5 and 7. A further review of the data supports the conclusion that the largest growth will come first in the northern sectors. Thus, library construction should follow that pattern. The grbwth in the south, would be addressed as second in priority and scheduled to follow a northern project. An extension of this discussion is that the L.A.B. recogmzes the shortcomings of the East Naples Branch Library and the shifting population of the planning districts 4 and 5. A decision concerning the future of the East Naples Branch Library would be made during the planning stages of a Southern Regional Library. G. FACILITY SIZE At present, Collier County documents call for the construction of 6,000 sq. fl. branches with 3,000 sq. ft. additions. This philosophy is outdated nationwide and has been removed from the comprehensive plans of most Florida Library Systems. The primary reason for the philosophical change has been two fold. Growing population Inability of Counties to staff multi-neighborhood branch networks. Through this document, the Library Advisory Board recommends the adoption'of the Regional concept to govern new construction for the next i0 years. The adoption of this philosophy will allow Library facilities to be constructed that meet the goals of the Growth Management Plan; while at the same time have better control of the operating cost. The attached time line visually depicts the Long Range Building Plan. (Attachment #1) Agen , . SEeP 1 2 nail VI. Technology A. Role of Technology in Providing Library Service: The'Library recognizes the growing importance of technology in providing electronic access to worldwide sources of information for library users. Use of technology in the Library will assist the Library in fulfilling the Mission Statement adopted by the Library Advisory Board, November 1994, and will further enhance the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost-effective manner. Integration of this Technology Plan with the Library's traditional Long Range Plan, will enable Staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. B. Mission Statement/Service Vision: The Collier County Public Library 'Advisory Board (LAB) recognizes the growing importance of information technology in the lives of Collier County residents and in the provision of library services. Collier County Public Library will systematically collect, organize and disseminate, in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Library users will be able to access electronic resources in all Library locations, and be able to reach the Library electronically from home and office computers. Library Staff will continue to provide instruction to the Public in use of Library electronic resources, helping them identify, retrieve and organize information to meet their needs. Implementation of this Technology Plan will enable the Library to offer patron access to the Library's holdings through an on-line catalog and provide access to electronic-based information resources on both CD-ROM and the World Wide Web. All Library materials, including electronic and WEB based resources, are selected based on selection criteria as discussed in the Library's Policies. (Latest edition was amended by the Library Advisory Board, June 1998.) C. Services, Goals and Objectives: Services: The Library has been automated with the Data Research Associates system since 1992. CCPL uses the following DRA components: the on-line public catalog, acquisitions, circulation, serials, cataloging and reporting modules. Serials and acquisitions, however, Agend~/I~en~/ ao. /~, ~5 t_/__ are used only n~inimally. Public dial-in access has been provided continuously since 1992. All Library locations effectively use fax machines and basic voice telephone services. Additionally, Headquarters Library uses some voice mail telephone routing. The Library provides public access to commercial databases at all Library locations. Currently titles include First Search, Books In Print, Electric Library, Novelist, American Business Information and EBSCO Host. Other titles are always under consideration. Headquarters Library currently provides access to some databases through the Internet. Titles include NewsBank Business. Branches provide in-house use of some cd-roms by checking them out to use on Library equipment. Cable and satellite broadcast programs are available for both staff and patrons at the Headquarters Library. Satellite system has been used for Library Staff, SWFLN and for community programs. Each Library has full, graphical Internet access for Staff and for the Public. During the busy winter season, the number of Internet workstations at each location is not adequate. Currently patrons are limited to 30-minutes use, unless no one else is waiting. We are working to increase the number of workstations at all locations. Goal: Improve Electronic Access to the Library Database, Commercial Databases and the World Wide Web The Library has met many of its goals for FY99. The automation system is now housed at the Headquarters Library, with Library Staff and commercial contractors solely responsible for its maintenance. A second Staff Member in library automation support has enable the Library to provide timely installations, upgrades and response to emergencies. This change alone has enabled the Library to provide reliable access to commercial databases through the Web. "The Library has renewed its commitment to the DRA automation system and its migration to Taos. Library users will have access to electronic information, on both the WEB and CD-ROM. Electronic workstations will be available at all Library locations. Access will be available from schools, homes and offices through the Library's website.' In September 1999, we will start issuing 'pin' numbers that will enable registered Library Patrons to access many of our commercial databases from their office and home computers. Modem access to the Library OPAC has been upgraded to 56KB. Headquarters Reference Department has started offering a series of four Internet workshops/demonstrations each month. These programs are very popular and generally have long waiting lists. Vanderbilt Beach, Estates, Marco Island and Golden Gate Branches have had a least one public Internet training session. New staff members have also been attending the Headquarters workshops, as space permits. AgendR Objectives: · By September 30, 2000, the number of graphical public workstations will increase by 15. (From 45 to 60. Count of 45 includes installation of 19 compute/' workstations fi'om Gates Grant.) · Add public access ternfinals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. · Provide public access terminals, including dedicated wiring at these auxiliary sites. · Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. · Update the holdings listed for the Collier County Museum Library. Goal: Provide Education for Staff and the Public in Using Electronic Resources. Objectives: · Provide at least one World Wide Web class for the Public at each Library location annually. · Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least one children's WEB program at each location before September 30, 2000. · Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January 1, 2000. · Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. · Provide a minimum of one Internet or electronic resources searching class for all support staff annually. Goal: Optimize Library's Use of Automation Software Objectives: · Upgrade library automation to the Compaq Alpha, in August i999. · Evaluate the ability of DRA system to continue to provide circulation and acquisitions services to Library. staff and patrons. · Migrate to the new DRA Taos product, as it becomes available. · Evaluate on-line ordering to major vendors, by September 30, 1999. Goal: Provide electronic access for internal customers to commercial data bases and educational programs. Objectives: · Subscribe to DRA's Easy Access and electronic databases through Easy Access or directly from vendors. · Continue on-line subscriptions toEbsco Host, Electric Library, Novelist, Books in Print, and American Business !nforrnation for all locations. · Add CD-ROM resources to the Branch Children's Departments, by April 2000. 2 Goal: Expand Patron and Staff Access To and Knowledge of Information Resources Beyond Collier County Public Library. Objectives: · Continue work on Library Web page to make searching easier for Library' Patrons. Link electronically to the Collier County Public Schools information network. · Link electronically to any organization that is capable of providing a listing of their collections on a computer. Organizations could include clubs, galleries and other local and regional resources. For example, Koreshan State Park is exploring digital imaging access to its collections. · Continue to work with SWFLN to link member libraries. · Provide patron authentication to enable use of commercial databases to registered · Library users at their homes and offices. · Work with SWFLN and reciprocal borrowing agree~nents, including electronic resources. Goal: Provide InterLibrary Loan and DataBase Searching For the Public. Objectives: · Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. · Provide Dialog and other commercial database searches for the public. Goal: Expand Capabilities of Ethernet Network. Objectives: · Upgrade Immokalee Branch frame relay line to 128ICB. · Upgrade Estates Branch frame relay line if application for Gates Lab grants is successful. · Consider networking CD-ROM products on the Library System WAN, by September 30, 2000. D. Technology Needed to Provide Services and Meet Established Goals and Objectives: Much of the equipment, staff and support needed to accomplish these goals and objectives is either in place, or will be available by September 15, 1999. The generous support of several organizations and departments has laid the groundwork for meeting these goals. Library automation began with an LSCA grant many years ago to start retrospective conversion of library catalog records. The automation system was purchased in 1992 with local funds. In 1995, the Collier County Friends of the Library, Inc., providing funding for the Library to establish a link to the Internet. In FY97, a State Library of Florida FloriNet Grant enabled the Library to purchase personal computers and provide staff training in ~raphi~'a] WEB searc!:ing. At the same time, a Collier County Government project updated routers and hubs at each Libr;try location enabling all Branches to have some graphical WEB access. In September 1998, the Library assumed sole responsibility for Library automation support. DRA is the Library ISP and provides some remote support. Equipment and wiring has been standardized and can be expanded as new libraries are built. The basic network structure can be easily up-graded as technology changes. Since we hired a second systems support staff member and since we hired an outside network- support vendor, we are now able to respond in a timely manner to our own automation needs 1. Equipment Inventory: See Attachment #2. 2. Assessment of Current Equipment and Services and Planned Purchases: The management of the Library network was returned to the I.ibrary in Septernber 1998. An outside contractor provides additional technical support. The new position of Data Coordinator enables Staff to respond more quickly to service reqt:ests. The Data Coordinator and the outside contractor will enable the Library to respond more rapidly to its own automation needs. CCPL currently provides no less than a Pentium personal computer, for either Staff or the Public, though the speeds do vary greatly. Slower machines (75s) are being used only to access the graphical version of the Library catalog, or Web2.'Network equipment and wiring has been standardized and can be expanded as new libraries are built. All wiring is Catego .ry 5. The basic network structure can be easily up-graded as more personal computers are added and as technology changes. For example, CSU/DSUs capable .of running on 128kb lines will be used as we increase the frame relay speed beyond 128kb. 3. Acquisition Plans Current Year FY01 FY02 Network Equipment 128+ CSUfDSU 2 ca. T1 CSU/DSU As needed Personal Computers· 15 personal computers50 personal computers25 personal computers o19 Gates computers Server ol Alpha Server I Windows BIT (Taos Server)Additional hard drive and/or · 2 Gates content servers CD-ROM server - I Printers ol networked printer6 networked printers 5 networked printers · 4 Gates printers (including ! color printer) Line. capaciLv · I 56kbiinesto 128kb lines · Increase 128kb line if we receive Gates lab grant. · Upgrade 384kb Internet to T~ · TI between 2 large buildings · Upgrade branch frame relay as needed. Upgrade frame relay and Internet lines as needed. 4. Actual and Anticipated Funds Current Year FY01 FY02 Network Equipment $ 3,000 $ 3,000 $ 2,000 Personal Computers $ 35,000 $ 100,000 $50,000 Server $ 45,000 $ 20,000 $ 10,000 Printers $ 1,500 $ 9,000 $25,000 Line capacity budget $ 35,000 $50,000 $75,000 While the above acquisition and funding plan may seem ambitious, special projects and cireumstances should provide dedicated funding for this project. For example, FY00 funding for 18 computers and 4 network printers is being requested through the Gates Library Initiative Grants. Staff anticipates a positive response to the application. Secondly, a new Headquarters Library is being planned, with completion scheduled for FY01. Construction and furnishing costs, including computers, are funded through Impact Fees. Since the project has been approved and architectural and other funds are currently being spent, we again anticipate funds will be available for the construction and equipment needed in this new facility. The major purchases and some line capacity changes listed above are the result of the new construction. The County has been very supportive of operational costs, once we have a particular service. For example, the budget for data lines is expected to grow as the data line speed is increased for Branch Libraries. Since this is an ongoing service, the County recognizes that costs will increase. This increase will be especially significant when the new Headquarters Library is opened, since the old Headquarters Library will continue as a very large branch. In order to maintain the same level of service to the old facility, a T1 line will be needed from the new Headquarters and the Library automation server. At the same time, Internet capacity will have to be increased in order to provide adequate service to staff and patrons at the new location. Therefore, Collier County Public Library, with dedicated impact fees to fund new constructi6n, is most fortunate. As the County approves new construction, it implies an agreement to fund the ongoing operational costs for that new facility. Current and Projected Automation Services Current Durin~ FY01 Public Internet Stations 22 +20 Public PC Stations - Research* 6 +2 Public PC Stations- Catalog only 0 +3 During FY02 +22 +5 +23 Total Public PC Stations 28 +25 +50 Public Children's Educational Games 4 +5 +3 * l~cludes genealogy comI~uters and stations with access only to commercial databases. t 5. Planned/Budgeted Computer Equipment and Connections: Replace all Dec VT terminals with networked PCs when Library migrates to Taos. Replace all 56KB DSUs/CSUs with TSUs, increasing speeds to all Library. locations. Add 15 PCs for Public Upgrade routers for T I service Data/Voice Connections: Headquarters Library: ~- 9 - Centrex telephone lines for voice. Fax line. Dial-up lines for patron access to circulation system. 75 Category 5 Ethernet connections distributed throughout the library. - T I Internet Service from DRA. - T1 Service for Library WAN 128KB Service to County Word Processing East Naples Branch: 3 telephone lines for voice. 1 Fax line. 1 128KB line to Alpha 15 Category 5 Ethernet connections Golden Gate Branch: 3 telephone lines for voice. 1 Fax line. 1 128K_B line to Alpha 15 Category 5 Ethernet connections Immokalee Branch: 1 telephone lines for voice. 1 Fax line. i 128KB line to Alpha 10 Category 5 Ethernet connections Estateg Branch: 3 telephone lines for voice. 1 Fax line. 1 384KB line to Alpha 20 Categray 5 Ethernet connections Everglades City Branch: 1 telephone lines for voice. 1 56KB line to Alpha 4 Category 5 Ethernet connections Marco Island Branch: 3 telephone lines for voice. 1 Fax line. 1 128KB line to Alpha 20 Category 5 Ethernet connections Vanderbilt Beach Branch: 3 telephone lines for voice. 1 Fax line. 1 128KB line to Alpha 20 Category 5 Ethernet connections Computer >. Software: VMS Operating System DRA Applications Software Windows NT Server WEB2 Fortres Netscape MS Office Suite Variety of other Desktop Publishing Software WebSense Maintenance Contracts: Library System software and hardware are covered by maintenance agreements with Data Research Associates. Personal computers are purchased with 3-year extended warranties. E. Staff and Public Training: Early in FY99, the Reference Department Staff embarked upon an ambitious public and staff training program. Because of the Library's expanding public access to the Internet, they received many requests daily for Internet instruction. In response, the Reference No.._ZO,. St 12 2000 Department organized a four-part Internet class, which they teach monthly. Since CCPL has no training lab, the instruction is lecture and demonstration. While this type of instruction, without the students having 'hands-on' experience, is less desirable than instruction in a computer lab, we have been able to reach many more students with xome information. Through May' 1999, Reference has taught approximately 32 Beginning Internet Classes, with an average of 65 students in each class. The classes were designed primarily for the public, but Library Staff attends as they have time. Additionally, the Reference Department offers a weekly 'library orientation tour'. Part of the program is a discussion and demonstration of the commercial databases to which the Library subscribes. 24 tours have been conducted for 144 patrons. Staff has been encouraged to attend SWFLN and other programs as available. The County has provided some training for supervisors in use of MS Office. The Reference Staff has been conscientious in providing training on the use of commercial databases. In 1997, DRA was invited to present a 3-day refresher training session at the Headquarters Library. This training was so successful that it will be repeated in FY00. The Reference Department Internet lectures and demonstrations will continue monthly. We anticipate 4 classes monthly, with an average attendance of 65--including both patrons and staff. Approximately 60% of Library Staff also need this basic instruction. They comprise mainly clerical staff, working at Branch libraries and Headquarters Circulation, both full-time and part-time, and number about 50. Library Staff continues to take advantage of both in-house and SWFLN continuing education opportunities. 10 staff members attended a 'baby-steps' class to help learn how to use personal computers. In this locally produced program, staff members were introduced to personal computers, using a mouse and other basics. These staff members currently use 'dumb' terminals and have no 'Windows' experience. Other Libtars' Staff teach classes such as 'Getting Started with Microsoft ExcelTM. This class was taught last year with 10 students participating. It is scheduled for 2 sessions during the summer. Southwest Florida Library Network (SWFLN) classes have been a great resource for Staff. Approximately 15 CCPL staff members have attended classes on PhotoShopTM, WindowsTM, MS WordTM and publishing newsletters. Intensive classes on specific programs are difficult for CCPL to produce in-house. Having SWFLN as a resource for this type of training is especially valuable for CCPL. CCPL anticipates receiving a Gates Library Initiative Grant in FY00. If received, the grant will provide a 10-station training lab. It will be located at the Estates Branch Library, with programs planned for both staff and the public. Initially, and on a continual basis, the lab will be used to provide 'hands-on' instruction for Library Staff in using the Internet and the MS OfficeTM software. As staff becomes competent and comfortable in teaching other staff, classes will be offered to the public. It is anticipated that a minimum of 3 classes per week will be offered--taught either by Library Staff or volunteers from the public. With the capacity of 10 in each class, we should be able to provide hands-on training for at least 1,500 members of the staff and the public annually. With volunteer LAgerid&, ,It~/, SE[}4 ! 2 2000 trainers, the n'~mbcr of classes and participants could significantly increase. We are curr[mtly talking with two volunteer trainers to set-up specific programs. Besides using the lab for Internet and MS OfficeTM applications training, Staff will be able to use the lab for training the public on the use of the Library's commercial databases. Currently CCPL subscribes to EbscoHost Magazine Index, NewsBank Newspaper Index, Electric Library and First Search. Again, the hands-on training will be much more effective for the students. !n the past, we have found that trainin. g a small core of Library volunteers to be 'experts' on a particular program has been very effective. These people have no other job than to provide assistance at the public computers. They have really enjoyed helping other Library users. As. in any Library, much public training is done on an individual basis as questions arise. In fulfilling this Library role, the supervisory staff fully understands the importance of providing staff who can help the Library patrons use the electronic resources available. F. Program Publicity: As the Library moves into FY00 with increased capabilities, Staff has begun to plan a strategy to increase the use and visibility of the electronic services available at our Libraries. The Library's web address has been added very prominently to the sides of the three Library delivery and program vans, as well as to the introductory brochure given Io new Library users. Work continues on m.aking the Library home page an interesting and useful place to start web searches. G. Evaluation; Quantitative and Qualitative: Currently, all Collier County Public Library locations have public Internet access. Minimum computer configuration is a Pentium computer, with 32mgs of ram. Patrons have direct access and do no~ work though a Library Staff member. This includes as few as one Internet station at our smallest branch at Everglades City to 7 stations at our Headquarters Library, for a total of 31 stations today (August 1, 1999). This averages out to about 1 Internet station for every 6,700 County residents. This number is very dynamic, with new or used equipment being added constantly. For example, a donation of 8 Macintosh computers is waiting for additional ram and Ethernet cards before they are put into public service. Changes are being made to the Library Web page. We will include, when possible, counters to keep track of inbound traffic. We expect Web access to the Library home page to increase significantly by the end of the summer, with the help of two projects. In the first, the Library's logo and web address'have been painted on the 3 book delivery vans. This will widely publicize the Librar3.,'s web presence throughout the community. The second project is the September installation of the DRA Alpha server. The Library Agend~ ~t~[~, / 1 2 2000 will then begin to issue 'pin' numbers for Library users to access their library accounts over the Web. Publicity for both projects should increase use of the Library's web site. Quantitative: Library Staff continues to refine computer workstation use procedures and the 'look' of the workstations. Customer comments, complaints and questions are the chief instigators of these changes. For example, customers seemed to be confused on which computer they were signing up for, so Staff devised a general signup for the 'next available' computer and posted 18" X 23" signs with directions. The confusion vanished. Customers were asking the same questions about getting to a browser, so the Data Coordinator changed the desktop to make the choices more obvious. Customers expressed the need for more time using the commercial databases for specific research, so Staff set up the 'research only' computer station, with the time limit increased to one hour. Counters have been set up to count the logons to our commercial databases. The systems manager keeps track and reports this figure monthly. Should Staff note an extreme of use or non-use, we will use the information as we renew subscriptions annually. Currently no subscriptions are based on simultaneous users. If this changes, we would use the statistics 'to increase or decrease our subscription. Using the number of hits on the Library homepage may not be an effective measurement since every user generally starts from that location. We do use sign-up sheets at most locations, and are keeping the count of total sign-ups, though not everyone signs-up. Statistics are reported monthly. Reference reports the numbers of patrons who participate in training classes. As we start using the Gates computer-training lab in the next fiscal year, we will also keep a count of staff and the public trained. Qualitative: In some ways, qualitative information is often easier to obtain that quantitative evaluative statistics. We passively collect comments constantly, with the Public generally nqt being shy about saying they dislike a service or a policy. Our library automation system has always had a patron 'suggestion box'. During our text-only Intemet access period, we received many comments on the service through the suggestion box. These suggestion box comments are being collected and responded to promptly, if so required. Other comments requiring no response or action will be used in the quarterly evaluations. Staff will sample and report use of equipment quarterly. Since population and use varies greatly from season to season, Staff felt that this sampling would be more valid if done quarterly, rather than annually or semi-annually. As with other changes to the Library's web page, an on-line survey will be added in a prominent location. Staff will have a print version to hand to patrons by October 1999, with the on-line version available by January 1 2 2000 2000. This instrument will always be available, as a passive indication of service quality. Quarterly, the Staff will actively solicit comments from patrons. Library Administration will evaluate the data on a quarterly basis. Appropriate changes in policy, product subscriptions and classes offered will be based on the data collected. As the annual budget cycle begins in early March, the data will also be used to project costs for the budget requests. Of particular interest to the Reference Staff, which plans and presents many of the public programs, will be the surveys and evaluations of electronic resources classes presented. Information will be analyzed to enable Staff to provide the most appropriate classes with the most effective teaching methods. As with any Reference transaction, the simple question 'did this meet your needs or answer your question' will be an important and immediate evaluation tool. H. Budget Many of the start-up and retrofitting costs were expended by October 1, 1998. Though planning for simultaneous expansion of services and upgrade of equipment will always be a challenge. The attempt has been made to fund technology without pulling moneys from established Library services. This has been difficult in the area of database subscriptions. In FY98, the Library had its first separate materials line-item budget for electronic resources. The $50,000 for electronic resources did not cover all expenditures. Some Reference funds were also used. The $60,000 budgeted in FY99 also did not cover all of the needs. $135,000 is budgeted in FY00. The State Library's support of First Search for all public libraries in the state has been a welcome addition to CCPL. With only First Search Lite funded currently. SWFLN is considering funding the remaining databases. Implementation and continuation of e-rate discounts will help control telecom costs without having to use funds from other established library services. Funds for major equipment upgrades are generally available through Library Impact Fees. All construction is funded in this manner, as well as other major projects such as a computer upgrade needed due to growth. Library Technology - Annual Costs FYO0 Systems Personnel &$120,000 Network Support. System Hardware, Software FY01 FY02 $135,000 $140,000 & Support $ 45,000 $ 50,000 $ 50,000 Equipment Purchases$ 25,000 $ 80,000 $ 25,000 Training $10,000 $15,000 $ 8,000 Telecommunications$ 65.000 $ 75.000 $ 80.000 TOTAL $265,000 $355,000 $303,00 (Large anticipated jump in FY01 includes additional equipment projected for purchase for new regional library and anticipated changes at that time. A~tendA/I [e~ /' ~o ._r~~r~ SF. ! 2 0J10 Long Range Plan 2001 Supplement August 25, 2000 SEP 1 2~2ooo Long Ronge Plan 2001 Supplement ZNTRODUCT'J:ON As an interim measure to a complete revision of the current Library Lon£ Range Plan, Library Staff has been working on a supplementary revision. This revision concentrates on formulating and defining Library goals and objectives for specific departments within the Library. The ~'allier' ~'ounty Long Range Plan is updated and approved annually by the Board of County Commissioners. The Library Staff is working on this update of our goals and objectives for the ?iscal 200I Long Range Plan. The first of a series of meetings of the senior library staff was held August 1§, 7000. The intent is to provide long-range planning and direction for the Library system. The County's new County Manager is starting the entire county working on specific mission statements, goals, and objectives for the individual departments and for the County as a whole. Starting with the mission statement Exceeding ~'ustomer Expectations, the planning process will be emphasized throughout the entire County. Planning information is requested from many Library Staff, but the actual document is primarily a function of the Library Administrative Team. This group includes the Library Director, the Assistant Director, and the Extension Services Librarian. Library Goals and Objectives Library Administration Management Team: Definition: The Library Administration Management Team provides short and long range planning for the Library System. ]:t sets priorities for services and capital improvements. The Library Administration Management Team coordinates and facilitates support for the Library System from other County departments. The Library Administration Management Team provides leadership in planning and monitoring all construction projects. Goal 1: Establish priorities for Library service based on expressed community needs, resources available, and demogrnphic and economic trends in the County, to insure adequate and appropriate services are provided. 1 2 2000 Objective 1.1: Evaluate existing services annually. Objective ! .2: Review and revise existing bang Range Plan and Library Policies annually. Objective ! .3: Prepare annual budget recommendations, considering information obtained through Long Range Planning Process and evaluation of existing programs. Objective ! .4: Review and revise long range capital program plans, at least every two years. Objective 1.5: Consider grant funding to assist with capital building programs when available. Goal 2: Ensure effective and appropriate Library services for all areas of County. Objective 2.1: Review and revise policies annually or as needed. Objective 2.2: Review services at various library outlets annually or as needed. Goal 3: Provide employee benefits and staff development in conjunction with County Human Resources and $WFLN. Objective 3.1: Ensure staff is compensated fairly when compared to other County Departments. Objective 3.2: Ensure staff compensation is adequate to attract and retain qualified employees. Objective 3.3: Provide continuing.education opportunities for 100% of staff. Goal 4: Provide adequate and effective library facilities for each planning community. Objective 4.1: Buildings are designed to meet community needs and provide services as recognized by the Long Range Plan. Objective 4.2: Insure adequate funding for construction projects and seek grant funding when possible. Technical Services Definition: The Technical Services Department includes materials acquisitions, cataloging and the physical processing of library materials. The Department works closely with Public Services to ensure that materials are appropriately classified and are uniform throughout the Library ,System. They also work closely with the Library Administrative Team in planning for new or enlarged buildings. Goal 1: Insure timely acquisition of library materials. Aaend~ ,[xt e,m/ 2 2000 Objective 1.1: Establish effective procedures for orderin9 materials. Goal 2: Insure efficient processing of new materials. Objective 2.1: Establish effective procedures for processing new materials. Objective 2.2: Provide user-friendly access to library materials that is standard for all locations. Objective 2.3: Ensure opening day collections are completed on schedule. Goal 3: Insure catalog revisions and records deletions are handled efficiently. Objective 3.1: Establish effective procedures for deleting and marking lost, withdrawn, and damaged materials. Objective 3.2: Establish a schedule for removing the electronic records from the on-line catalog. Public Services Definition: The Public Services Department includes Reference, Children's, Young Adult, and Circulation at the Headquarters Library and all !~ranches. Public Services works closely with Technical Services to provide easy access to Library holdings for the Public. Goal 1: Enhance the quality of Reference and Adult Services. Objective 1.1: Develop and maintain high quality materials collections to meet the needs of the Collier County community. Objective 1.2: Coordinate and publicize reference services throughout the system. Objective 1.3: Provide trained staff during public hours to ensure delivery of high quality reference services to the public. Objective 1.4: Plan, promote, and present a variety of programs for adults that encourage the use of library materials and facilities. Goal 2: Enhance the quality of services as patrons check out library materials. Objective 2.1: Provide staff training for all permanent, temporary, and volunteer staff. Objective 2.2: Schedule adequate numbers of staff working to meet varying demand. ~ Agend~It,~ / ] ! s£P 2 Goal 3: Enhance the quality of library services for children Objective 3.1: Develop and maintain high quality materials collections to meet the needs of the children of Collier County community. Objective 3.Z: Coordinate and publicize children's programs throughout the system. Objective 3.3: Encourage reading and use of the library by school age and preschool children. Objective 3.4: Provide age appropriate programming for children. Objective 3.5: Provide appropriately trained staff to assist children with their information needs. Extension Services Definition: The Extension Services Department includes Outreach to the jails and the homebound, children's outreach services, and delivery of materials among the library locations. -Goal !: Enhance the quality of library services provided to those who cannot come tothe Library. Objective 1.1: Develop and maintain high quality materials collections to meet the needs of those in the County ,Tail, the T. mmokalee Stockade, and the Drill Academy. 'Objective 1.2: Provide regular delivery of library materials to those who are homebound. Objective 1.3: Provide programming services to day care centers and summer camps. Objective 1.4: Ensure materials are delivered in a timely manner to all library locations, including new materials and supplies, and materials returned by patrons to a different Branch. NO SEP 1 2 2000 Technology Plan Update August 25, 2000 Technology Plan Update Collier County Public Librar-y August 25, 2000 Assessment of Current Equipment and Services and Planned Purchases: The Library Vax server, running DRA library automation software, was replaced by the Alpha Server in August 1999. This hardware upgrade and previous software upgrades allow the Libram/to offer more web-based services to our users. Now patrons may check their library accounts, renew books, and reserve books on line. We con now offer the use of commercial databases, such as Ebsco's/t4a£azine _rndex, from home or office. The Headquarters Reference Department started offering on line reference services ,Tune 30, 2000. To date, they have received [6 on-line reference questions. As we advertise the service and as more people use the Library web page, we expect this number to increase. The web page also offers a 'comments' link which has been used to request information. These questions are forwarded to the appropriate person; i.e., true reference questions to the Reference Department; policy questions to the Assistant Director; circulation questions to the appropriate Circulation Department, etc. CtPL currently provides no less than a Pentium personal computer, for either Staff or the Public, though the speeds do vary greatly. The slowest machines available for either public or staff are 166 N~Hz machines. Exceptions are several Pentlure which are being used only to access the graphical version of the Library catalog, or Web?. Network equipment and wiring has been standardized and con be expanded os new libraries are built. All wiring is Category 5. The basic network structure can be easily up-graded as more personal computers are added and as technology changes. Only the Everglades City Branch is still using o §6 I<B line. This branch has only 4 personal computers--including the staff circulation computer. The Branch is very small and serves a small population. Some staff members use/~acintosh PowerPCs instead of Windows~ based computers. Two color laser printers provide attractive, cost-effective publicity for the Library. Several staff members, other than the Systems Manager, now work on the Librory's web site. We have requested eraall addresses for all patrons as they register for new library cards, and as they renew expired cards. Automation · software does permit patron notification of overdue materials and the availability of reserve materials via eraall. Currently less than 2%, or 3,000 patrons, have provided their eraall addresses. Staff will experiment with eraall notification from December a000 through March 2001, while advertising for other patrons to update their records with their eraoil address. Acquisition Plans Current Year - FY02 1=~/03 i=YO! INetwork Add 3 switches to ATAA routers, 3 ~och T1 ~SU/DSU, Equipm~nt increase P~ cop~ci~DSU/OSUs b~w~n 2 ~ 3 of larger bronch~s o~ 3 branch librariesIerg~ f~ciliTies P~rson~l 20 p~rsonol 50 p~rson~l 25 p~rson~l computers ~ompu~rs computers computers S~rv~r 0 t Windows ~T-Teas 0 Server Printers 2 n~work~d printer 6 networked printers5 n~work~d printers 1 color n~twork~d (includin9 1 color printer printer) Data Lines Consider ATe. Up~rode lost branch · Upgrade branches 56kb line ~o 128kb from 128kb to 384kb line (or higher). Addor better. T1 or better between 2 large buildings Actual and An,icipoted Funds Current Year - FY02 FY03 .' FYO1 =!Network Equipment$ 3,000 $ 5,000 $ 3,000 Personal Computers $40,000 $100,000 $ 50,000 Server 0 $ 25,000 0 Printers $ 3,000 $ 10,000 $ 8,000 Data Lines $ 75,000 $ 85,000 $90,000 While the above acquisition and funding plan may seem ambitious, special projects and circumstances should provide dedicated funding for this project. A new Headquarters Library is being planned, with completion scheduled for FV02. Construction and furnishing costs, including computers, are funded through Trapoct Fees. Since the project has been approved and architectural and other fund:are ' Agerid&_ Ltem, SEI ! 2 000 currently being spent, we anticipate funds will be available for the construction and equipment needed in this new facility. The major purchases and some line capacity changes listed above are the result of the new construction. The County has been very supportive of operational costs, once we hove a perticular service. For example, the budget for data lines is expected to grow os the data line speed is increased for Branch Libraries. Since this is an ongoing service, the County recognizes that costs will increase. This increase will be especially significant when the new Headquarters Library is opened, since the old Headquarters Library will continue as a very large branch. In order to maintain the some level of service to the old facility, minimally o T! line will be needed from the new Headquarters and the Library automation server. At the some time, Internet capacity will have to be increased in order to provide odequote service to staff and patrons at the new location, while continuing service to existing facilities. Therefore, Collier County Public bibtory, with dedicated impact fees to fund new construction, is most fortunate. As the County approves new construction, it implies on agreement to fund the ongoing operational costs for' that new facility. Current and Projected Automation ,Services Current Added During Added FY02 burinq FY03 Public Internet Stations 22 +20 Public PC Stations - Research* 6 +2 Public PC Stations- Catalog only 0 +3 +;>3 Public-Use Gates Computers 19 0 0 Total Public PC Stations 45 *Z§ *50 Public Children's Educational Games 7 +3 * ~ncludes genealogy computers and stations with access onl/to commercial databases. Staff and Public Training: Currently Library Staff has access to computer training through several venues. The Headquarters Reference Staff continues to provide monthly Internet training sessions, primarily for the Public, but staff members also take these classes. The Naples FreeNet has started teaching a monthly evening class on T. nternet and FreeNet use at the Headquarters Library, with several staff members attending these classes. Headquarters Library Staff also conducts a weekly 'Library Orientation Tour' which includes information and practice using the Library web catalog and our commercial do'taboses. New employees ore encouraged to take this. The Reference Department Internet lectures and demonstrations will continue monthly. We anticipate 4 classes monthly, with an average attendance of 65--including both patrons and staff. Approximately 60% of Library Staff also need this basic instruction. They comprise mainly clerical staff, working at Branch libraries and Headquarters Circulation, both full-time and part-time, and number about §0. Southwest Florida Library Network (SWFLN) classes have been a great resource for Staff. Intensive classes on specific programs such as Adobe PhotoShopTM, Microsoft WindowsTM, and Microsoft WordTM are difficult for CCPL to produce in- house. Having SWFLN as a resource for this type of training is especially valuable for CCPL. CCPL.received a Gates Library Initiative Grant in FY00. This provided a tO-station training lab. It is located at the Estates Branch Library, with programs planned for both staff and the public. Initially, and on a continual basis, the lab will be used to provide 'hands-on' instruction for Library Staff in using the Internet and the MS OfficeTM software. As staff becomes competent and comfortable in teaching other staff, classes will be offered to the public. It is anticipated that a minimum of 3 classes per week will be offered--taught either by Library ,Staff or volunteers from the public. With the capacity of tO in each class, we should be able to provide hands-on training for at least t,§00 members of the staff and the public annually. With volunteer trainers, the number of classes and participants could significantly increase. We are currently working with the Naples FreeNet and the Naples PC-Bug Computer Users Group to set-up classes. Two outside groups used the Lab in ~Tuly. They represented o local non-profit organization that needed training space for its staff members. Besides using the lob for Internet end MS Office~ applications training, Staff will be able to use the lab for training the public on the use of the Library's commercial databases. Currently CCPL subscribes to EbscoHost Magazine Index, NewsBank Newspaper Index, Electric Library and First Search. Again, the hands-on training will be much more effective for the students. In the past, we have found that trainin9 a small core of Library volunteers to be 'experts' on a particular program has been very effective. These people have no other job than to provide assistance at the public computers. They have really enjoyed helping other Library users. We 2.200O ore planning for a general Volunteer training session once the volunteers start coming back from summer vocations. Evaluation; Quantitative ~nct Qualitatiw: Currently, oil Collier County Public Library locations have public Internet access. Minimum computer configuration is a Pentium computer, with 64rags of ram. Patrons hove direct access to the Internet and do not work though o Library Staff member. This includes os few as three Internet stations at our smallest branch at Everglades City to 15 stations at the Estates Branch Library, for a total of 45 stations today (August 25, 2000). This averages out to about 1 Znternet station for every 5,000 County residents. This compares very favorably to the ! Internet state for every 9,500 County residents last year. This number is very dynamic, with new or used equipment being added constantly. For example, we are still purchasing new computers this fiscal year. We have found that staff cannot easily set up more than 10 to 15 computers at o time. Therefore, we order computers several times throughout the year. Changes are being mode to the Library Web page. We will include, when possible, counters to keep track of inbound traffic. With the installation last year of the DRA Alpha server, we were able to offer patron access to the on-line catalog and to their own library records from home. As new patrons register/they are issued a 'PIN' number. Current patrons are asked if they would like a PIN as they check materials out. Ebsco databases including AAasterFZLEPremier, Newspaper Source, Health Source Plus, USP DI Volume II -/4dvice for the Patient, Clinical Reference Systems, and Busfness Source Elite are now available to library patrons from home and office. Other commercial databases will also be made available to users from home and office as vendors make that service available to us. (~uan tita tire: Library Staff continues to refine computer workstation use procedures and the 'look' of the workstations. Customer comments, complaints and questions are the chief instigators of these changes. For example, customers seemed to be confused on which computer they were signing up for, so .Staff devised a general signup for the 'next available' computer and posted !8" X23" signs with directions. The confusion vanished. Customers were asking the same questions about getting to a browser, so the Data Coordinator changed the desktop to make the choices .more obvious. Customers expressed the need for more time using the commercial databases for specific research, $o Staff set up the 'research only' c~_mputer station, with the time limit increased to one hour. Agenc~'.'I'tem. Counters have been set up to count the Iagons to our commercial databases. The systems manager keeps track and reports this figure monthly. Should Staff note an extreme of use or non-use, we will use the information as we renew subscriptions annually. Currently no subscriptions are based on simultaneous users. Zf this changes, we would use the statistics to increase or decrease our subscription. Using the number of hits on the Library homepage may not be an effective measurement since every user generally starts from that location. We do use sign- up sheets at most locations, and ore keeping the count of total sign-ups, though not everyone signs-up. Statistics are reported monthly. Reference reports the numbers of patrons who participate in training classes. As we start using the computer-training lab in the next fiscal year, we will also keep o count of staff and the public trained. qualit~ tiw: Tn some ways, qualitative information is often easier to obtain that quantitative evaluative statistics. We passively collect comments constantly, with the Public generally not being shy about saying they dislike a service or a policy. Our library automation system has always had a patron 'suggestion box'. During our text-only Tnternet access period, we received many comments on the service through the suggestion box. These suggestion box comments are being collected and responded to promptly, if so required. Other comments requiring no response or action will be used in the quarterly evaluations. Staff will sample and report use of equipment quarterly. Since population and use varies greatly from season to season, .Staff felt that this sampling would be more valid if done quarterly, rather than annually or semi-annually. As with other changes to the Library's web page, an on-line survey will be added in a prominent location. Staff will have a print version to hand to patrons by October 2000, with the on-line version available by ,Tanuary 2001. This instrument will always be available, as a passive indication of service quality. Quarterly, the Staff will actively solicit comments from patrons. Library Administration will evaluate the data on a quarterly basis. Appropriate changes in policy, product subscriptions and classes offered will be based on the data collected. As the annual budget cycle begins in early March, the data will also be used to project costs for the budget requests. Of particular interest to the Reference Staff, which plans and presents many of the public programs, will be the surveys and evaluations of electronic resources classes presented. ]:nformat~on will be analyzed to enable Staff to provide the most appropriate classes with the most effective teaching methods. As with any Reference transaction, the simple question 'did this meet your needs or answer your quest/on' will be an important and immediate evaluation tool. Long Range Plan 2001 Supplement FY01 Action Plan August 25, 2000 .o. /~, /J V_ /, SEP Long Range Plan 2000 Supplement FY2001 Action Plan Collier County Public Library has one major focus during FYO1. It is the construction of the new Headquarters Library, and to prepare it to open in FY02. This project includes primarily coordination of the Library Administration Management Team and Technical Services. Related issues of staffing, compensation, and retention are related to the successful completion of the project. In order to further the Eoa/s and Objectives of Collier County Public Library, the Library intends to work on the following during FYO1. Library Administration Management Team: Goal 1: Estnblish priorities for Library service based on expressed community needs, resources availnble, and demographic and economic trends in the County, to insure adequate and appropriate services are provided. Objective :~.l: Evaluate existing services annually. Actions: Conduct senior staff review meetings to access services. Meetings are scheduled bi-monthly, August.through December 2000. > Request public opinion with verbal survey done by Circulation Staff. Survey will select a maximum of 5 easily answered questions, and be conducted for ! week. > Survey the area within 5 miles of the new Headquarters Library. Staff will visit meetings of non-profit and professional organizations in the area; staff will mail information to residents and businesses concerning the new library building; and staff will request information concerning materials and programs that should be included in the new building. Objective !.2: Review and revise existing Long Range Plan end Library Policies annually. Actions: > Conduct senior staff review meetings to discuss the Long Range Plan and Libra~ Policies. Meetings are scheduled bi-monthly, August through December 2000. > Review proposed changes with Library Advisory Board (LAB), by ~Tune !' Agen~;"]~ '~ ~ Request approval of policy and planning changes, after LAB approval. Objective 1.3: Prepare annual budget recommendations, considering information obtained through bang Range Planning Process and evaluation of existing programs. Actions: > Using data gathered throughout the year, propose FY0Z spending plan, within County guidelines. Objective ! .4: Review and revise long range capital program plans, at least every two years. Actions: > Review need for South Regior, ol Library. Objective ! .5: Consider grant funding to assist with capital building programs when available. Actions: ~- 5tort work on ~[mmokolee Construction grant. Goal 2: Ensure effective and appropriate Library services for all areas of County. Objective 2.1: Review and revise policies annually or as needed. Actions: ;- Conduct senior staff review meetings to discuss the Long Range Plan and Library Policies. Meetings are scheduled bi-monthly, August through December 2000. Objective 2.2: Review services at various library outlets annually or as needed. Goal 3: Provide employee benefits and staff development in conjunction with County Human Resources and SWFbN. Objective 3. !: Ensure staff is compensated fairly when compared to other County Departments. Actions: ~[mplement title changes for clerical staff. As staff is hired for the new Headquarters, job titles will change to include the higher-paying title of ~ustomer Service Representative., > Start discussions with Human Resources to convert existing positions to new titles and develop a financial implementation plan. > ];mplement use of County Flex program to move staff up one ,.;tep after a year with the Library. And request funds in the next budget cycle. SEI o1 2 Objective 3.2: Ensure staff compensation is adequate to attract and retain qualified employees. Actions: > Provide salary comparison statistics to the Human Resources Department from similarly sized libraries. > Provide any 'real time' examples experienced while hiring for new building. Objective 3.3: Provide continuing education opportunities for t00% of staff. Actions: > Ensure that each staff member receives a copy of internal class offerings and the SWFLN class schedule. Goal 4: Provide adequate and effective library facilities for each planning community. Objective 4.1: Buildings are designed to meet community needs and provide services as recognized by the Long Range Plan. Actions: > Continue work on construction of new Headquarters library. > Hire staff for new building, starting with additional computer staff in April Z00t, following timetable developed during FY0! budget planning. -Objective 4.2: Insure adequate funding for construction phojects and seek grant funding when possible. Actions: > Start work on Immokalee Construction grant. Technical Services Goal !: Insure timely acquisition of library materials. Objective Actions: 1.1: Establish effective procedures for ordering materials. Hire acquisitions librarian to coordinate and evaluate materials selections. Branch librarians will provide a general collection development criteria for their location. Policy will indicate briefly kinds of materials and subjects needed at each location. Continue collection development for new building. SEP4 I 2 2000 Goal 2: ]:nsure efficient processing of new materials. Objective 2.1: Establish effective procedures for processing new materials. Actions: > Establish timetable for receipt of review journals by acquisitions librarian. Both Publishers Weekly and Library ~Tournal are due one week from receipt. Acquisitions librarian reviews selections, adding and deleting as needed, within ! week. Orders are sent no later than 2 weeks after receipt of o journal. Reviews found elsewhere will be processed within 2 weeks of receipt. > Evaluate timetable as year progresses. Objective 2.2: Provide user-friendly access to library materials that is standard for all locations. Actions: > Review processing standards, and produce written procedures for sharing with Branch personnel who handle label replacement, etc. Objective 2.3: Ensure opening day collections are completed on schedule. Goal 3: Znsure catalog revisions and records deletions are handled efficiently. Objective 3.1: Establish effective procedures for deleting and marking lost, withdrawn, and damaged materials. Actions: > Evaluate current procedures with staff responsible for weeding and update as needed, especially considering materials that maybe saved for the new buildin9. Objective 3.2: Establish a schedule for removing the electronic records from the on-line catalog. Actions: > 5.et specific day. to run bibliographic deletes with Systems Manager and ¢ataloger. Public Services Goal l: Enhance the quality of Reference and Adult Services. Objective :1. :1: Develop and maintain high quality materials collections to meet the needs of the Collier County community. Actions: > Hire acquisitions librarian to coordinate and evaluate materials selections. Acquisitions librarian works with staff as they weed materials. Continue collection development for new building. Objective Actions: .2: Coordinate and publicize reference services throughout the system. Work with County public relations department to include timely articles in the County staff newsletter, emphasizing the Library web page. Write articles for the Friends newsletter, which spread the word about Reference services available. Distribute business cards with Yisit Your Public Library and our web address, at businesses throughout the County. Conduct campaign to tell patrons about web page as they check out materials. Objective ! .3: Provide trained staff during public hours to ensure delivery of high quality reference services to the public. Objective 1.4: Plan, promote, and present o variety of programs for adults that encourage the use of library materials and facilities. Actions: Produce and distribute professional-looking brochures which publicize programs. > Secure funding for programs through the Friends. Repeat the popular Festival of the Humanities. Provide additional program at Gates Computer Lab. Goal 2: Enhance the quality of services as patrons check out library materials. Objective 2.1: Provide staff training for all permanent, temporary, and volunteer staff. Objective 2.2: Schedule adequate numbers of staff working to meet varying demand. ~oal 3: Enhance the quality of library services for children. Objective 3. :t: Develop and maintain high quality materials collections to meet the needs of the children of Collier County community. Actions: > Provide adequate funding for materials. Objective 3.2: Coordinate and publicize children's programs throughout the system. Actions: ~ Produce and distribute professional-looking brochures which publicize children's programs. Objective 3.3: Encourage reading and use of the library by school age and preschool children. Objective 3.4: Provide age appropriate programming for children. Objective 3.§: Provide appropriately trained staff to assist children with their information needs. Extension Services Goal :1: Enhance the quality of library services provided to those who cannot come to the Library. Objective 1.1: Develop and maintain high quality materials collections to meet the needs of those in the County ~Tail, the ]:mmokalee Stockade, and the Drill Academy. Objective !.2: Provide regular delivery of library materials to those who are homebound. Actions: > Traplament first year of LSTA grant for Seniors OnLine. Objective Objective :1.3: Provide programming services to day core centers and summer camps. 1.4: Ensure materials are delivered in a timely manner to all library locations, including new materials and supplies, and materials returned by patrons to o different Branch. Technology Action Plan FYO! Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least one World Wide Web class for the Public at each Library location annually. Provide at least one children's WEB program at each location annually. Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by ,Tanuary 1, 2001. Provide a minimum of two ]:nternet and/or electronic resources searching classes for all professional staff annually. Provide o minimum of one ]~nternet or electronic resources searching class for all support staff annually Continue subscriptions to on-line services such as Electric Library, EbscoHost, Novelist, American Business J'nformation, etc. Evaluate new electronic services, prioritizing and adding subscriptions as the F'YO! budget permits. Review data collection on use of electronic resources, adjusting priorities and programs accordingly. (Done quarterly, with emphasis on budget preparation in/~arch and year-end in September.) FY02 Re-evaluate electronic subscriptions. Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - lmmokalee, and other sites as deemed appropriate. Add electronic records for holdings of Law Library and Agricultural Extension ,Services Library to CCPL database, as time permits. Provide at least two World Wide Web classes for the Public at each Branch Library annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least one children's WEB program at each location annually. Update Library web page. Provide a minimum of two ]Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Internet or electronic resources searching class for all support staff annually Provide additional CD-ROM resources to the Young Adult and Children's Deportment. Continue to provide Ibb service to patrons, through OCbC or other cooperatives, as they become available. Replace dumb terminals with PC workstations. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on bud.get preparation in March and year end in 5aptember.) FY03 Add public access terminals to remaining facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Tmmokalee, and other sites as deemed appropriate. Provide at least three World Wide Web classes for the Public at each 'Library annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least two children's WEB programs at each location annually. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Internet or electronic resources searching class for all support staff annually Continue to provide Ibb service to patrons, through OCLC or other cooperatives, as they become available. Add at least one workstation to each Branch library and three workstations to Headquarters. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget preparation in ~4arch and year end in September.) 2 ooo DATE: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Thom' C. Palmer Assistant County Attorney EXECUTIVE SUMMARY AWARD OF BID 00-3128 FOR THE CONSTRUCTION OF MAX HASSE COMMUNITY CENTER Objective: To award Bid to the recommended bidder for the construction a CommuniU Center within Max Hasse Community Park and approve the necessary budget amendment. Consideration: Bid 00-3128 was posted on July 26, 2000 with invitations to bid sent to 259 contractors. 23 contractors requested bids packages. Of the 23 contractors that requested bid packages, 10 bids were received as per the attached bid sheet. Staff has reviewed the bids received and recommends award to JL Wallace, Inc., in the amount of $1,642,700, as the lowest, qualified and responsive bid that can meet the required specification. A budget amendment will need to be approved to appropriate the necessary funds for this project. The original budgeted funds were based on an estimate of a cost of $120 dollars per square foot. Increases in construction costs have pushed that number closer to $175 per square foot on this project. Fiscal Impact: A budget amendment is needed to transfer funds from Community Park Impact Fee Reserves in the amount of $700,000 into the Max Hasse Community Center project, leaving $436,039 in reserves. The balance of the funds needed are budgeted in Parks and Recreation, Community Park Impact Fee, Max Hasse Community Center project. _,rowth Management: The value of this facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award Bid 00-3128 to JL Wallace, Inc., in the amount of $1,642.700 and approve the attached budget amendment. Prepared by: (.//a~..~ &. ~5~-.~ Date: .3!ames Fitzek, OpErations Manager Department of Parks and Recreation Reviewed and Approved by: .///"?~. ~.~/J~24~d// Date: 191arla Ramsey, Directg~r Department of Parks and Recreation Reviewed and ,' · / ,~).z~-;{~ )J Date: Approved by: ,,'_,~ ~,~ ~ ~ Gwen Butler, Acting Director Department of Purchasing ~,~Reviewed and ,.. j'i c,2~_. ~ C (. ~ c., )proved by: -'- ~ " ~'"'-'~. Date: Leo Ochs, Jr., Admi/n~trator Division of PuNic,~SVervices BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BAg ............................... JE# ................................. BARg .............................. A.P.H Date ....................... FUND TITLE Community Park Impact Fees FUND NO. 368 Date prepared: 8/30/00 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL Reserves Cost Center Title 919010 Cost Center No. Project Title Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 993000 Reserves for (700,000) 1,156,039 456,039 Capital Outlay TOTAL (700,000) Parks Capitol Projects Cost Center Title 116360 Cost Center No. Max Hasse Community Center Project Title 00165 Project No. Expenditure Object Code 763100 Expenditure Title Improvements General Increase (Decrease) 700,000 Current Budget 1,320,000 Revised Budget 2,020,000 TOTAL 700,000 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title I Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed to cover the higher than expected construction cost of Max Hasse Community Center. Bids were higher than anticipated. Where are funds available? Punds are available in fund 368 reserves for capital outlay. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE SEP 1- EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NUMBER 00-3126, BEACH CLEANING VEHICLE TO P. G. GREINER, INC. Objective: To award a contract for Bid No. 00-3126, "Beach Cleaning Vehicle" to enable the acquisition of additional beach cleaning equipment for maintenance of the Collier County, Naples and Marco Island beaches. Consideration: On February 22, 2000, the Board of County Commissioners approved a TDC grant application for the purchase of additional equipment for the beach cleaning operation. Subsequently, bid documents were prepared and advertised on July 18, 2000. Invitations to bid were sent to forty-eight vendors. Sealed bids were opened on August 16, 2000. A summary of the bids received is as follows: VENDOR TOTAL BID PRICE L. B. Smith, Inc. Southland Equipment Corporation Florida Municipal Equipment, Inc. Cherrington Corporation P. G. Greiner, Inc. (Beach Tech) $ 43,103.00 41,828.00 38,180.00 38,000.00 33,900.00 A thorough review of the proposals was conducted by the staff and as a result, it is recommended that Bid No. 00-3126 be awarded to P. G. Greiner, Inc., P.O. Box 18881, Sarasota, Florida 34276 in the amount of $33,900.00, being the lowest qualified and responsive bidder.' Fiscal Impact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on February 22, 2000, [Agenda Item 16 (B) (7) ] funds in the amount of $38,400.00 have been appropriated in the FY 99/00 budget for this purpose. Growth Manallement Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners award a contract for Bid No. 00-3126 to P. G. Greiner, Inc., in the amount of $33,900.00 SUBMITTED BY: Harry Huber, Project Manager III Department of Parks and Recreation REVIEWED BY: Gwen Butler, Acting Director Purchasing D/e4~artment REVIEWED BY: f/i 'i/~/;,~ Mafia Ramsey, Direct9/r Department of Parks and Recreation APPROVED BY: Leo Ochs, Adminis~ator Public Services Division DATE: DATE DATE DATE Attachment C: Jane Eichhom, TDC Coordinator Beach Renourishment/Maintenance Committee Agenda Ltem SEP 1 2 ~000 EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY OF EVERGLADES CITY TO PROVIDE $30,000 IN LOCAL MATCHING FUNDS FOR THE CI'!'Y'S STATE HISTORIC PRESERVATION GRANT APPLICATION FOR THE RESTORATION OF THE EVERGLADES CITY HALL OBJECTIVE: To assist the City of Everglades City in its efforts to preserve and restore its landmark City Hall building. CONSIDERATION: On August 1, 2000, representatives from the City of Everglades City petitioned the County Commission seeking $30,0(I)in local matching funds for a State Hisotric Preservation Grant to restore the landmark City Hall building. At Board direction, staff has worked collaboratively with the County Attorney's Off'me and the Clerk's Finance Department to prepare the attached interlocal agreement formalizing the details of this proposed transaction. It should be noted that the agreement specifically provides that the County's sole commitment at this time is to help secure funding for the preparation of'detailed engineering and architectural plans and associated cost estimates for the renovation project. There is no expressed and/or implied agreement or commitment from the County to financially participate in the actual construction phases of the project. FISCAL IMPACT: This one time expenditure of $30,000 will be funded from General Fund Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project RECOMMENDATION: It is recommended that the Board of County Commissioners approve the proposed interlocal agreement with the City of Everglades City, authorize the Chairman to execute same and approve all associated budget amendments required to complete this transaction. SUBMITTED BY: "~- ~ Leo Ochs, Jr. Public Se~ices .~ministrator SEP I 2 000 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF EVERGLADES CITY TO PROVIDE MATCHING FUNDS FOR A STATE OF FLORIDA HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION THIS INTERLOCAL AGREEMENT is made this ~ day of ,2000 between the City of Everglades City, a municipal corporation located within Collier County, Florida, ("City") and Collier County, Florida, a political subdivision of the State of Florida, ("County"). WITNESSETH: WHEREAS, the Everglades City Hall, built in 1928, currently houses all municipal and several County government operations that provide essential public services to the residents of Everglades City and surrounding communities; and, WHEREAS, the structural integrity of the building has been significantly compromised as a result of major storms and flooding through the years; and, WHEREAS, the City has petitioned the County for $30,000 to be used as local matching funds for a State Historic Preservation Grant to stabilize and restore the building; and, WHEREAS, Collier County government has benefited from the ongoing use of the Everglades City Hall at no cost to provide essential government services to the residents and visitors located in and around Everglades City; and, WHEREAS, the City is in the process of making application for a State of Florida Historical Resources Grants-In-Aid; and, WHEREAS, the County finds that it is a valid public purpose to assist the City with matching funds for the State grant. 1 NO- /C~'~ SEP I 2 000 NOW, THEREFORE, in consideration of the premises and other good and valuable consideration received and acknowledged by the parties to be sufficient, it is hereby agreed as follows: 1. The County agrees to provide the City $30,000 to be used as the full local match for a State of Florida Historical Resources Grants-In-Aid Application in the amount of $30,000. Said grant, if awarded, will be used to develop a detailed plan and cost estimates for restoring the building's shell to a structurally sound condition. 2. These funds shall be distributed on a quarterly basis over a time frame consistent with the grant Agreement between the State of Florida and the City. 3. At the end of each quarterly reporting period, the City will submit an original invoice along with the following supporting documentation: · A copy of the corresponding reimbursement request to the State of Florida · Copies of related invoices · A summary report indicating the total project expenditures for the quarter and the amount billed to the State of Florida and the County and the amount paid by the City. 4. Quarterly invoices are due to the County no later than thirty (30) days after the end of each quarter until submission of the final invoice, which is due forty-five (45) days after termination of this Agreement. 5. A copy of the signed grant Agreement between the State of Florida and the City shall be forwarded to the County as soon as it is received from the State. 6. The County mast be notified of any changes in the terms of the grant. 2 SEP-1 2 2000 ! 7. As a condition of this County funding to the City, the City shall comply with all requirements of the State of Florida Historical Resources Grants-In-Aid Application and other State and/or Federal requirements for said grant. 8. The County shall provide a $30,000 match on the condition that the City's application for the State grant is approved by the State. In the event that said grant is not approved by the State, the City shall be required to immediately return the funding to the County. The City shall use the County's matching'funding only for the purposes allowed by the grant. 9. Nothing in this Agreement shall be taken as any commitment or indication that the County will similarly participate in funding any portion of any of the ultimate construction improvements recommended in the initial phase of the project. 10. This Interlocal Agreement shall be recorded in the Official Records of Collier County, Florida. IN WITNESS WHEREOF, the City and County have entered into this Interlocal Agreement on the day and year first above written. DATED: ATTEST' DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman (1) Signature CITY OF EVERGLADES CITY, FLORIDA Prmtcd'Typcd Name By: 3 SAMMY HAMILTON, Mayor (2) Signature Pnnted/Typed Name Approved as to form and legal sufficiency for the County: Approved as to form and legal sufficiency for the City: Ramiro Mafialich Chief Assistant County Attorney , City Attorney h:RMkAgreements',JnterlocalEvergladesCi b, 4 EXECUTIVE SUMMARY APPROVE AN AWARD OF FLORIDA STATE CONTRACT NO. 765-900-99-1 FOR THE PURCHASE OF TRACTORS FOR THE BEACH CLEANING OPERATION. Objective: To approve an award of Florida State Contract No. 765-900-99-1 to enable the purchase of two (2) new tractors combined with the trade-in of an existing tractor to meet the current needs of the beach cleaning operations on the Collier County, Naples and Marco Island beaches. Consideration: On February 22, 2000, the Board of County Commissioners approved a TDC grant application for the acquisition of additional beach cleaning equipment. Included in this approval was the acquisition of two (2) new tractors and the trade-in of an existing tractor currently being used in the beach cleaning operation. A cost proposal for this transaction was obtained under the Florida State contract in the amount of $61,478.00 and is attached for your consideration. Fiscal Impact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on February 22, 2000 [Agenda Item 16(B) (7)], funds in the amount of $63,600.00 have been appropriated in the FY 99/00 budget for this purpose. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners award Florida State Contract No. 765-900-99-1 for the purchase of two (2) new tractors and the trade-in of an existing tractor. SUBMITTED BY: Harry Huber, Project Manager III Department of Parks and Recreation RE~/IEWED BY: Gwen Butler, Acting Director Purchasing Depart. mgnt REVIEWED BY: ~~/t~ Maria ~an~sey, Director Department of Parks and Recreation APOPROVED BY:, )'~~i~-4~ LeohDchs, ~dmini[,t~or Public Services Di¢id~on DATE: 3' ~'. oO DATE: DATE: DATE: Attachment: C: Jane Eichhom, TDC Coordinator Beach Renourishment/Maintenance Committee From-NEW HOLLAND NORTH +770 T-005 P Ol/O1 F-OlB August 30, 200[~ Co~lier County A'ITN: Harry H' abex Phone: 941-353.0404 Fa.~:: 941-353-1()02 Per your request the following is our quote for the Ncw Holland TS110 tractors per the terms mad con,2tions of th(: Florida State Contra~ 765-900-99-1: Model ,!.7.~ Descriotion Price B110C,I102 4 WD, CAB, 12X12 $ 56006 05 TTRES 3506 092 4- REMOT'ES 1431 372 FRONT WEIGHTS 1011 082 GRILL GUARD 187 TOTAL LIST COST $ 62141 LESS 39% 22992 CONTRACT COST $ 39149 2 PARTS MANUALS 2 SERVICE MANUALS 2 OPERATORS MANUALS 400 40 TOTAL COST PER UNIT $ 39739 COST FOR (2) TRACTORS S79478 LESS NH 5635 TRADE 15000 NET COST [~'OR (2) TRACTORS $61478 If you have any qutzrions please .call me at 770-242-6955. Thank you for the oppo~ of quoting. New HoLta&d's FEID # 'is 38-26~8619. Sincerely, Roger:; Willougl~ Contract Admimsu:~tor New Holland North America, Inc. GAJFL/AL Commercial Business Unit 5950 Live Oak Parkway, Suite 280 Norcrosa GA 30093 SEP 1 2 2000 Aui-3O-OO OZ:47pm From-NEW HOLLAND NORTH +?TO T-008 P.11/14 F-DZ6 TS110 12x12/24:r~24 Model TSllO All Purpose Tractor FOUR WIlEEL DRIVE - PACKAGED TRACTORS ~ i BI~0R4 BileIt4 !SXXOit, I L 24x24 Dual Comznancim v~ sl~ultl~ 728!~ _4~1000 ~ ~ Xnaa-ummtathn Remote Valves Amn~mry H,v-drauitc Llf~t R~n Suggested List Price L~iLT.~n 12xl 2 S]radm~dl. ~m ~ ~hutlle 24x24 Deal Cormhand~ ~ ~ u~!e I Resnow Valves -' Dual- Joystick (~oneol Dad We~sht 9410 !OAvaibble m .I confik. m'ed pool tractor. Refer to last page of this section for detailed specifications. ol-o~-oo 1140 10.01.99 Au~-30-00 OZ:48p~ From-NEW HOLLAND NORTH +TTO T-D08 P.15/14 F-OH -"-2x12/24x24 Model TSl10 AH Purpose Tractor FACTORY INSTALLY.,D OPTIONS !:Fdt'DB.4,01.,IC$ GROUP 7204.~0000 Four R~,tc Conuul Valv~. 2 on joystir, k. 2 on individual coutro{s (CAB on{y) ................................$5 $ 1,4.31.00 $ 702/}0 2~r7 720761000 $ 9S4.00 W"gIGBT GROUP 369 7292:'.~000 l:kom W~.igi~ Hang~r ..................................................195$ 163/)0 370 7202~;4000 l~ont End W.i.zh~t (6 ~ ~- ban~r) ....................790 $ 674~0 332 72021~5000 F~out ~ud Weish~ (10 wei~- + hanger) .................118.~ S 1,011X)0 3f~ 72347200o Rt~ Wh_~! Wciahu (6 wci~ 30 in., 34 ~, 36 in. and 38 in. ~ whee~ ouly; not avafiablc with pow~ adjua: ,4,,,) ......................................................................~ s 603.00 0~2 7201.;;1000 04-5 413 1.~4 720910000 0~.0 1~7.00 84,OO 386J)0 4~7~0 4Y7~0 NO CHARG£ NOCHARGE 282 7281,:r2ooo 283 72O417000 6~,2 6',9 ~o ' ~a~vi~ 01-03-00 Re91~ 10-01-99 811,~)100 811~,'0100 $111.!:0100 811170100 811190100 8118,i:0100 8118~i3100~ 8114~0100~ 8114~9100' 81156DX00' 8115',J310(P I~,ONT Tm~-~ (Only Avmlabb on 2WD lima) ?.s0x 16,6PR (P2) .................................................. 7.S0 x 16, 8 PR (F2) ................................................lid ?.~0 x 16, S 1~ (I1) wi~ heavy du~ rim .....................X40 7.g0 x 18, 6 PR (P2) ......................................................110 750 x 10J)0 x 16, 6 PR (F2M) ................................................142 Io~o x 16, 8 PR t~'2') ..........................................152 11.oo x 16, 8 PR (F2) .............................................18o 11.o0 x 16, lo PR ('e"3) .............................................150 1142 $ $ S s 701.00~ 2~/.00 322.OO 347~0 311,00 344.00 ~:28~0 568.00 NO SEP 1 2z 00 Aul-30-00 02:47pm From-NEW HOLLAND NOETH +770 T-008 P.1Z/14 F-OZ6 TSl10 12x12/24x2 ]. odel TSl10 All Purpose actor FRONT AND REAR TIRE COMFLI~.TING PACKAGES 01 ~~ 11.2 x 24. 6 PR ~1) .................................. 195 $ 767~ ~~ 16~ x ~, 6 ~ ~1) ............................... ~ 1~4~..~ g~ T~I $ 2,2~1.00 02 ' 823530400 12.4 x 24, 6 PR (RI)...: .................................. 2:25 $ 940.00 83~'"~0400 lgA x 30, 6 PR (R1) .............................. 46~ 1~1 ~ 690 Total $ ~741~ o~ 5'236g0400 13.6 z 24, 6 PR (R1) ..................................310 $ 1.187.00 832T30500 155 x 38, 6 PIt.(RI) ~ _ _ .1~4~2.00 ~ To~ S 2,649110 04 a250~0400 13.6 x 2S, 6 PR (R1) ........................... 380 $ 1,2,t3.00 1~37~30400 16.9 x 38, 6 PR (R1) ..............................5B~ 2~109.00 ................... ~ ................................96~ Total $ 3,352.0r 8'24030400 14.9 z 24, 6 PR (R,I) ...............................3S0 $ 1.232130- 836b'30400 ISA x 24, 6 PR (R1) .....................................S~~4.~ 910 Total $ 3J~110 06 ~4040400 14.9R24, 6 PR (R. IW) ........................................370$ 1,412.00 s3r~s4o4oo ~8A~ *(R~W) ....................................6t_s~ 985 Total $ 3,g4~0 08 ~,4150400 14.9 x 2~, 10 PR (R.1) ........................... 440 ~'T760400 ISA x 3S, $ PR (R1) ................~ ..................~ ~.~ ...................................................1140 Total S 4,077.00 09 IOA~40400 14.9R~8, 6 PR 0flY,') 47~ S l.S4~m · a~7740400 18ARSS, 6 Pit ~tw) 7~o 3~.oo ToM S 4,82'7.00 R~vLs~d 0;L-0a-00 t141 Raplacca 10-01-99 EXECUTIVE SUMMARY WAIVE THE REQUIREMENT FOR FORMAL COMPETITION AND INCREASE PURCHASE 2DER TO BRADANNA, INC. (PO #006438) FOR THE SITEWORK AT GOLDEN GATE ~,EIGHBORHOOD PARK. Objective: To waive requirement for formal competition and approve an increase in the purchase order amount for the construction of the sitework at the Golden Gate Neighborhood Park. Consideration: On July 7, 2000, staff sent a request for quotes to three sitework contractors for the Golden Gate Neighborhood Park project. On July 7, 2000, the County received three quotes. Bradanna, Inc. was the low bid at $24,990 and a purchase order (#006438) was opened for that amount. Since that time, the project has commenced and is almost complete. However, due to faulty survey and base map data the amount of fill dirt required for this project was underestimated. In order to correctly complete the project, additional fill in the amount of $7,308 is required. The contractor is willing to extend his original quoted prices for this additional work. This would result in a new project total of $32,298. Projects that are priced above $25,000 are usually subject to an open public bid. However, in the interest of time and cost savings, staff is recommending that the Board waive the requirement for formal competition pursuant to Section V.A.3 of the Purchasing Policy, and authorize the additional amount necessary to complete the project. Fiscal Impact: Funds are budgeted in Parks and Recreation, Community Park Impact Fee Fund. _cowth Management: The value of this facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners waive the requirement for formal competition and authorize an increase of $7,308 to Bradanna, Inc. (purchase order #006438) for the construction of sitework at the Golden Gate Neighborhood Park. Prepared by:~~~~? · ~e~htF. Delate, ASLA; ProjeCt Manager Department of Parks and Recreation Reviewed and ~~ ~~t~ Approved b~: ~ Ma'rl'a Ramsey, b~ector !y Department of Parks and Kecreation Reviewed and Approved by: Gwen Butler, Acting Director Department of Purchasing Date: o°/t//00 Approved by: Date: Leo Ochs, Jr., Admi¢s~ator f Division of Public ~,.,~t~vices BRADANNA, INC. 4901, E. TAMIAMI TRAIL, SUITE 200 NAPLES, FL 34113 TO: Board of County Commissioners Art: Finance Department P.O. Box 413016 Naples, FL 34101-3016 JOB NAME: Golden Gate Community Park P,O. #: 6438 CHANGE ORDER at: DATE: 8/30/00 ADJUSTED CONTRACT AMOUNT Previous Contract Amount: $24,990.00 Amount of this Change~ $7,308.00 New Contract Amount: $32,298.00 We agree to make the following change(s) to the contract: EXPLANATION Q'FY UNIT RATE TOTAL Additional Imported Top Soil Estimate for Water Holes 774 Cu. Yds. 270 Cu. Yds. $7.00 $5,418.00 1,890.00 TOTAL CHANGE ORDER at I $7,308.00 EXECUTIVE SUMMARY AUTHORIZE STAFF TO UTILIZE STATE CONTRACT PRICING FOR COMPUTERS, SERVERS AND RELATED EQUIPMENT. OBJECTIVE: To have the Board authorize staff to utilize State Contract pricing for computers, servers and related equipment. CONSIDERATION: In the Board's Tentative 2000-2001 Budget, provisions have been made to lease seven new servers to support the County's network and business applications. Staff is requesting Board approval to utilize State of Florida state contract pricing for computers, servers, and related equipment in excess of twenty five thousand dollars for a period of three years. It is staffs intent to standardize on as many pieces of equipment as possible and to utilize pricing schedules already negotiated by the State: FISCAL IMPACT: Funds for computers, servers and equipment is budgeted in the Information Technology cost centers and in user department's operating budgets. GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to utilize state contract pricing for computers, servers and related equipment for a period of three years as addressed within this summary. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: z~z'-'r~'-~ Date: E. Michael Betrios, Communications Systems Manager IT Department ~'~~~ Date: Skip Camp, Interim ~)ire~ctor IT Department Gwen Butler, CPPB, Interim Director Purchasing Department 2/[/~//~// Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division A(~ EN DA_[TEM,, No. EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CANCELING OF CURRENT TAXES UPON CERTAIN OIL GAS & MINERAL RIGHTS OBTAINED BY TAX DEED WITHOUT MONETARY COMPENSATION FOR PUBLIC USE. OBJECTIVE: To adopt a Resolution to cancel the current (1999) taxes due on certain oil gas & mineral rights that Collier County ("the County") has obtained by tax deed for public purposes without monetary compensation paid by the County. CONSIDERATION: Collier County recently obtained ownership for certain oil, gas & mineral rights via tax deed. According to Section 197.502(8), Florida Statutes, "Three years from the day the land was offered for public sale, the land shall escheat to the county in which it is located, all tax certificates and liens against the property shall be canceled, and the clerk shall execute a tax deed vesting title in the Board of Comaty Commissioners of the county in which it is located." The Board of County Commissioners ("the Board") of Collier County, Florida obtained ownership of certain oil gas & mineral rights via Tax Deed that was recorded on July 10, 2000, in Official Records Book 2696, Page 443, Public Records of Collier County, Florida. The Collier Coufity Clerk of Courts office requested that the current taxes due be canceled on this certain oil gas & mineral rights parcel. On November 2, 1993, the Board of County Commissioners adopted Resolution No. 93- 499 therein allowing the Board to cancel taxes upon land acquired by Collier County without monetary compensation for public use. Adoption of the attached Resolution shall provide the Board's directive and authoriza[ion to cancel the necessary taxes on certain oil, gas & mineral rights described therein. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Ad~pt the attached Resolution cancel~g current taxes upon certain oil, gas & mineral rights obtained by tax deed as described therein. (2) Authorize the Chairman to execute the attached Resolution. Jenn~ B!aje, S~cialist ~- ~--R.e.,ai Property Management Department Ton~A~ Mott~ iht"&'i{n Di'{ector-- Real Property Man/agement Depa~,tment REVIEWED BY: ~/~ ~ Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: DAT 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 49 50 51 52 53 54 56 57 59 61 62 63 65 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CANCELING CURRENT TAXES UPON CERTAIN OIL GAS & MINERAL RIGHTS OBTAINED BY TAX DEED. WHEREAS, Oil Gas & Mineral Rights for the following tax folio number was conveyed to the County per Section 197.502(8), Florida Statutes by Tax Dee0 for public purposes without monetary compensation paid by the County; and WHEREAS, a Tax Deed for property identification number 01236360005 was recorded in Official Records Book 2696, Page 443, Public Records of Collier County, Ftorida, on July 10, 2000 for the following described land situated in the County of Collier, State of Florida: and Section 26, Township 53 South, Range 34 East: 22% Oil, gas & mineral rights described as: An Undivided 1/3 of 7~ of an undivided 5/6 interest in the following described land: That portion lying N of US 41, Less that portion of the SE % of the SE ¼ of the SE ¼ of Section 26 lying N of US 41, Collier County, Florida. WHEREAS, the property will be retained to preserve the Oil Gas & Mineral rights by Collier County, Florida; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 93-499 on November 2, 1993, approving a policy to cancel current real property taxes upon land acquired by Collier County or the Collier County Water-Sewer District without monetary compensation for public use; and WHEREAS, Sections 196.28 and 196.29, Florida Statutes, provides that the Board of County Commissioners of each County of the State of Florida is given full power and authority to cancel and discharge liens for (real property) taxes, delinquent or current, upon land held or owned by said County for public use by a governmental unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ~FLORIDA, that the current outstanding real property taxes on the above listed property tocated in Collier County, Florida are canceled as of December 31, 1999. This Resolution adopted this __ day of motion, second and majority vote. , 2000 after ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and Assistant County Attorney SEP 12 ZOO0 I EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY FLORIDA, INCORPORATED. AND SPRINT- OJlJI_.~IlX~: Approval of a Lease Agreement between Collier County ("County") and Sprint-Florida, Incorporated. CONSIDERATION: Since 1989, Sprint-Florida, Incorporated ("Sprint") has leased approximately one acre of vacant County-owned property located to the west of the Domestic Animal Services Facility on Orange Blossom Drive. This property has been used for a switching station for telephone service. At this time, Collier County is in need of a portion of this leased property in order to satisfy parking and drainage zoning requirements in order' to construct the Regional Library. With this requirement for additional land, a new Lease Agreement has been prepared to revise the property boundary and annual rent. By execution of this Lease by the Board of County Commissioners, the existing Lease Agreement with Sprint dated August 15, 1989 shall terminate. All other terms and conditions contained in the new Lease remain the same as those in the previous Lease with Sprint. The attached Lease Agreement was reviewed by the Office of the County Attorney, the Risk Managemere Department and the Facilities Management Department. FISCAL IMPACT: The annual rent of Three Thousand Two Hundred Thirty-seven Dollars and Seven Tents shall be deposited into the following account: Fund: 612 (Library Trust); Cost Center: 156110 (Library Administration and Headquarters); Project: 366900 (Contributions - Private Sources). GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Sprint-Florida, Incorporated and authorize its Chairman to execute same. SUBMITTED BY'L~f~Cc<~tt-i-~ ~ DATE:"~-' /'~ ' ,~c>d Michael H. Dowling, Se 'd~p.[~cial%t, Real Property Management Department REVIEWED BY: /?~,./ il]~t~~ DATE: /J~Crognale, Fac' ~ ' Facilities Management Department APPROVED BY: ..,/~ ¢ t' t' ~ DATE: Jo-Ann Varcoe-Leamer, Administrator, Support Services Division 5 EP 1 2 2000 LEASE AGREEMENT Lease #728 THIS LEASE AGREEMENT entered into this __ day of , 2000, between Sprint-Florida, Incorporated, whose mailing address is 6100 Sprint Parkway, Overland Park, Kansas 66251, 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 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property situated near the intersection of Airport-Pulling Road (S.R. 31) and Orange Blossom Drive, Collier County, Naples, Florida, described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", for the sole purpose of operating a telephone switching facility. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on August 1,2000, and ending July 31, 2005, hereinafter referred to as the "Initial Lease Term". LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for five (5) additional terms of five (5) years, under the same terms and conditions, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S intention to do so to LESSOR not less than sixty (60) days prior to the expiration of the leasehold estate hereby created. 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 execution of this Lease by LESSOR and LESSEE, the License Agreement and Utility Easement daled August 15, 1989, between United Telephone of Florida, now known as Sprint-Florida, Incorporated, and Collier County shall cease and terminate on May 1, 2000. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three Thousand Two Hundred Thirty-seven Dollars and Seven Cents ($3,237.07) per annum. LESSEE shall also provide, along with said rental payment, the applicable Florida State sales tax on the rental amount. The annual rent, along with the applicable sales tax, shall be paid in full within ten (10) days from the commencement date of this Lease and each anniversary date during the Initial Lease Term of this Lease. Following the first year of occupancy, for each year of the Lease, the LESSOR shall provide LESSEE with advance written notice of the revised rent calculated pursuant to this Article 3 for each ensuing year of the Lease term and for any renewals thereto. Said revised rent shall be due within thirty (30) days from the date of LESSOR'S notice. If the terms of this Lease commence or end on a day other than the first day of the month, LESSEE shall pay base rent equal to one thirtieth (l/30th) of the monthly base rent multiplied by the number of rental days of such fractional month. LESSEE shall also be responsible for the payment of additional rent as provided for in ARTICLE 4 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 annually in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Items (1982-84=100), United States Department of Labor had increased for the preceding year by utilizing the CPI figures for the month of December. However, in no event shall the annual minimum rent be less than Three Thousand Thirty-seven Dollars and Seven Cents ($3,237.07) nor shall any yearly increase be greater tha~ (10%) of the rent paid during the previous Lease term. In the event that the Consumer Price lm ~n Hnnrlr~rl ... ten t 'Pet sip 2 2Ol incbrporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental t other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Pric Index, shall be used in lieu of such Consumer Price Index. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all costs associated with the Demised Premises including, but not limited to, landscape maintenance, janitorial services and any and all utility charges. Utility charges shall include, but shall not be limited to, electricity, light, heat, air-conditioning, power, water, sewer and telephone or any other communication services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall repair all damage to the Demised Premises caused by the LESSEE, its employees, agents, independent contractors, guests, invitees, licensees or patrons. LESSEE shall, at its sole cost and expense, remove from the Demised Premises all solid, liquid, semi- solid and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business thereto, all in accordance and compliance with all applicable rules, laws and regulations required by federal, state and local laws. The LESSEE shall discharge all sanitary waste into a sanitary sewer system only. All industrial wastes shall be discharge into the sanitary sewer system or septic tank, however, only after the following steps have been taken: a) Pretreatment to ensure separation and removal of all solids and insoluble oily type materials to limits required by County ordinance, or applicable rules, regulations and statutes. Pretreatment to ensure separation and removal of solids and insoluble hydrocarbon or oily materials, neutralization and treatment as required by Collier County, in a manner satisfactory to Collier County and in compliance with present or future requirements of applicable ordinances of these agencies having jurisdiction ovei or responsibility for sanitary waste treatment or prevention of pollution of waterways, canals, streams, etc. contributing thereto. b) Water which is utilized solely for the purpose of cooling industrial or air-conditioning equipment, etc., and which contains no waste by-products and meets thermal discharge requirements shall be disposed of through the storm drainage system and not discharged into sanitary sewers. No soil or earth shall be removed from the Demised Premises and no well of any nature shall be dug, constructed or drilled on the Demised Premises without first obtaining consent of LESSOR as outlined in Article 5 of this Lease as well as obtaining all necessary permits, approvals and licenses as required by federal, state and local laws. The LESSEE shall operate and maintain, at its sole cost and expense, all the components of water, industrial and sanitary sewage including sanitary and industrial sewage outfall lines and stormwater drainage facilities within the boundaries of the Demised Premises. ARTICLE 5. 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 starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, im ~rovements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no respon, ~ ~ram I I~RRI"h'O ~r~t~ designee to said proposals or plans, then such silence shall be deemed as a denial to s~ ch r..e~ L _~S~E~ E~. LESSEE covenants and agrees in connection with any maintenance, ep~r~.~or~t, ,fr~l~, construction, improvement, addition or alteration of any authorized modif :ati~]' a/ldt~io~g'V~r improvements to the Demised Premises, to observe and comply with all then and Utu~!la. pplicable. Qws, 2 ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. 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 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. 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 8. 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 or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR elements or by other place. shall not be liable for any injury or damage to persons or property caused by the persons in the Demised Premises, or from the street or sub-surface or from any other 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 caused by the actions of LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain automobile insurance in an amount not less than One Million Dollars ($1,000,000.00), general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. ! AGE~K).~ I~'r[.~ Such insurance policy(ies) shall list Collier County as an additional insured tllereon. Evi~le0qe6~h~lch/ insurance shall be provided to the Collier County Risk Management Department, 31101C~ Tlmtarfl[iU~il,J Administration Building, Naples, Florida, 34112, for approval prior to the comn~ncementof this Lease[ p 3 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 suc' additional insurance. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within 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, or patrons. The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which 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. Failure of LESSEE to comply for ninety (90) days with any matedhal 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 of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. The LESSOR may, at its option, terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law. If LESSEE fails to pay, when due, any installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than ten (10) days past the due date, then LESSEE shall pay LESSOR a late payment charge equal to five (5%) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple_interest of one and one half (1 V2) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (o' such additional time as is reasonably required to correct such default) after notice to properly specifying wherein LESSOR has failed to perform any such obligations. SEP 'l 2 2000 ARTICLE 13. 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 Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: Sprint-Florida Incorporated 6100 Sprint Parkway Attention: Network Real Estate Manager Facilities Mail stop: KSOPHK 0210-2A718 Overland Park, Kansas 66251 Copy to: Office of the County Attorney ARTICLE 14. Surrender of Premises LESSEE shall remove all improvements placed upon the Demised Premises by the LESSEE no later than thirty (30) days following the termination of this Lease or any earlier termination thereto. LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted, and repair any damage caused to the Demised Premises by such removal. If LESSEE does not remove said improvements as required, LESSOR may complete said removals and repairs and LESSEE shall be responsible for all costs associated with the removal of LESSEE'S improvements and the repair to the Demised Premises associated with the removal of same. ART1CLE 15. General Provisions LESSOR shall not be required to furnish to the LESSEE any facilities, utilities or services of any kind whatsoever during the term of this Lease, such as, but not limited to, water, electricity, light and power, gardening and outdoor maintenace. All utilities and services, including initial hookups of water, septic and electricity shall be the responsibility of the LESSEE. LESSEE shall be responsible for the direct payment to the appropriate company for all utilities and services supplied to the Demised Premises. LESSEE expressly agrees for itself, its successors 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) The LESSEE expressly agrees for itself, its successors and assigns, to prevent any use of the Demised Premises which would interfere with or adversely affect the operation or maintenace of Airport-Pulling Road (S.R. 31) and Orange Blossom Drive, or otherwise constitute a road hazard. (b) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (c) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (d) 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. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. 5 ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. ~ 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. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. ~ This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 21. Condemnation If the entire Demised Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, then in that event, this Lease and the term of this Lease hereof shall cease and terminate as to the date upon which the title shall cease and terminate vest thereby in such authority and the rental fee hereunder shall be apportioned and paid up to said date in which LESSEE'S business is material' impaired, whichever is earlier. If only part of the Demised Premises shall be so taken or condemned, this Lease and the term of this Lease hereof shall not cease or terminate, but the rental fee payable hereunder after the date on which LESSEE shall be required to surrender possession of the part of the Demised Premises so taken or condemned may be reduced accordingly as of the date of such condemnation or date in which LESSEE'S business is materially impaired, whichever is earlier. If the remaining portion of the Easement is not sufficient for the operation of the LESSEE'S business, LESSEE may cancel this LEASE by notifying LEESSOR within ninety (90) days of the taking of all or a portion of the Demised Premises. ARTICLE 22. Existing Easements LESSSEE shall use the Demised Premises subject to all existing easements. LESSEE agrees that it shall not do anything that may interfere with any existing easements that encumber the Demised Premises. ARTICLE 23. No Implied Approval of LESSEE'S Use LESSOR acknowledges that the LESSEE has utilized a portion of the Demised Premises since August t5, 1989, and reiterates that by the execution of this Lease, LESSOR shall not be construed by LESSEE as a substitute for, or exemption from, those licenses, permits or variances that may be needed by the LESSEE for its contemplated use of the Demised Premises, nor exempt the LESSEE from the requirement of federal, state or local laws. LESSEE acknowledges that LESSOR'S execution of this Lease does not constitute an approval or disapproval of LESSEE'S contemplated use of the Demised Premises. LESSEE further agrees and acknowledges that it is solely responsible for obtaining all licenses, perm~t~ ~'~ ,,~,-i~n,~,~ thaI TI0~¥ be AC, EI¥OA required for its contemplated use of the Demised Premises. No. _ If LESSEE cannot obtain the necessary licenses, permits, or variances rer tire~JLlJ~mt~rc~e,~l~l~ll~er~te at the Demised Premises in basic conformity with LESSEE'S intended use LESSEE may terminate this Lease by providing LESSOR with written notice o ts i~f~nt to termin~ to --~..t' - · :,' . 1 LESSOR'S address set forth in this Lease. Said notice shall be effective upon :::-=_ :: ........ ......~. m m n official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR 6 heieby covenants and agrees to release LESSEE from all obligation incurred under this Lease, including the payment of rent as required in Article 3, if this Lease is terminated pursuant to this Article. IN WITNESS WHEREOF, the parties hereto 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 , Deputy Clerk TIMOTHY J ',, Chairman AS TO LESSEE: DATED: ,,~ITNESS ~sigr~ature) (print name) WITNESS (gi~ature) (print name) SPRINT-FLORIDA INCORPORATED · Print or type name Approved as to fom~ and Assistanl County Attorney 7 AGEI~A ITEH Mo. 1(:? EXHIBIT "^" BOUNDARY SKETCH SECTION Z,., TOWNSHIP ,4-'~ S, RANGE Z5 E COLLIER COUNTY, FLORIDA - -' LEGAL DESCRIPTION Th~ west.. ~.25 feet 'of the following described property: A portion of th6 Southeast Quarter of Section 2, Township 49 South, Range 25 East, Collter. C0unty, Florida, and being more particularly described as follows:,.. Commence.at the centerline intersection of Airport Road and Orange BlOssom:Drive,. Cbllier County, Florida, thence along the centerline of Orgnge Blosso~'~rive' S '89' '49v 45" W a distance of 50.03 feet to the Westerly right-of-way line of Airport Road, thence N 2' 15' 03",W a distance of 30.02 feet to the northwesterly right-of-way line intersection of said Airport Road and Orange Blossom Drive, and the Point of Beginning of the parcel of land hereinafter described; thence along the northerly right-ofuway 'line of Orange Blossom Drive S 89' 49' 45" W a distance of 1,220.40 feet, thence leaving said northerly right-of-way line N 2' 13 '45" W a distance of 329.85 feet, thence t! 89' 49' 32" E a distance of 1,220.27 feet to'the westerly right-of-way line of Airport Road, thence along the westerly right-of-way line of Airport Road S 2' 15' .03" E .a distance of 329.97 feet to the Point of Beginning less the North 170 feet thereof. (containing 0.459 acres, more or_.less.) . SKETCH ONLY. NOT A SURVEY. NOT TO SCALE. EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS TO FUND 517, GROUP HEALTH INSURANCE. OBJECTIVE: To seek approval from the Board of Commissioners of a budget amendment to Fund 517, Group Health and Life Insurance. CONSIDERATIONS: The Board of Commissioners operates a self-insured group health insurance program to provide health insurance for its eligible employees and those of participating constitutional officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study as of September 30th each year to assure the proper funding of the plan. Staff has utilized these actuarial evaluations to project future plan costs for reserving, budgeting and rating purposes. To further assure accuracy for budgeting purposes, an additional actuarial evaluation was performed as of March 31, 2000. Actual claims experience is trending significantly above actuarial forecast at this point. In order to avoid a delay in the release of claims payments due to a potential funding insufficiency, it is requested that a budget amendment of $550,000 be approved to fund claims through September 30, 2000. Based upon current claims costs, a budget amendment is necessary to fund claims for the remainder of FY 00. Please note the following actual and projected claims information: Budgeted Claims Actual Claims (as of 8/24/00) Actuarial Projection Staff Projection Budget Amendment Needed $6,550,000 $6,360,801 $6,500,000 $7,100,000 $550,000 GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Due to required reserving needs in the Group Health Fund, it is necessary to transfer funds from Workers' Compensation Reserves for the payment of claims. RECOMMENDATION: It is recommended that the Board approve the necessary budget amendments to fund health insurance claims in the amount of $550,000. Jetflc~O~,~k~r, CPCU, ARM, Director, Risk Management Department REVIEWED BY: ~ DATE: Jo-Anne Varcoe-Leamer, Support Services Administrator '' A~A IT[N, $ 1 2 2ooo.. EXECUTIVE SUMMARY APPROVAL FOR A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR A PICNIC TO RECOGNIZE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' EMPLOYEES. OBJECTIVE: That the Board of County Commissioners approve a resolution finding that specific expenditures for annual county picnics have a valid purpose. CONSIDERATIONS: Each year the Board approves a resolution that authorizes expenditures relating to an employee picnic. It is the purpose of this picnic to recognize outstanding community service by Collier County employees. The resolution recognizes these expenditures as having a public purpose. The attached resolution authorizes these expenditures annually and is subject to appropriations identified for that fiscal year. Each year the cost of the event and the types of expenditures will vary. This year's picnic, entitled, "Fall Fest 2000" is scheduled for October 21, 2000 and will be held at Sudgen Park. The Board has approved funds in the amount of $10,000 for this event. Depending on the amount of participation, staff is requesting contributions of up to $4000.00 from the operating divisions to supplement the original budgeted amount. This year's event includes food, sports, hay ride, outdoor movie and other picnic type items. FISCAL IMPACT: Expenditures for this event are estimated at $15,200.00, of which $10,000 is specifically budgeted in the Parks and Recreation operating budget and $4000 would be appropriated from the divisions operating budgets. The Employees Advisory Committee has contributed approximately $1200. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Resolution approving expenditures to be incurred each year for an employee picnic and the necessary budget amendments. Further, that the Board finds that said expenditures serve a valid public purpose and that the Board authorize the Chairman to sign said Resolution authorizing -disbursements of funds to pay for the expenditures on an annual basis. Prepared By: Approved By: -~'~~-~--z"A~ Date: Skip Camp, CFM, Director The Department of Facilities Management Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division a ooo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ,~3o 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 56 57 ,,-.., 58 '~9 6o 61 62 RESOLUTION NO. 2000- RESOLUTION APPROVING, AS SERVING VALID PUBLIC PURPOSE, EXPENDITURE OF COUNTY FC~NDS FOR SPECIFIED ITEMS FOR THE COUNTY EMPLOYEES' ANNUAL PICNIC WHEREAS, Collier Count), Ordinance No. 8%5 allows expenditure of County funds to enhance County employee productivity, promote and generate good will toward County government in the community, and to encourage increased employee responsiveness to the needs and requests of the citizens and residents of the County; and WHEREAS, Ordinance No. 87-5 requires that the Board adopt and implement a Resolution setting forth the purpose of the subject expenditures; and WHEREAS, the Board, through its staff, plans an annual picnic for Collier County employees and their families in recognition of outstanding service to the community by Collier County employees; and WHEREAS, the Board hereby approves the respective expenditures for the picnic and to find that such expenditures serve a valid public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLqNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The annual expenditures, not to exceed the annual budgetary appropriation, for Collier County's annual employee picnic serve a valid public purpose and are approved. It is understood that the exact amount of the authorized expenditures will vary from year- to-year. The following items, and substantially similar items, are hereby approved for such expenditures: Tents/Chairs/Tables Bounce House Food Catering Drinks Band/DJ/like entertainment Hayride Games Pifiata, Candy Printing / Painting Supplies Generator Rental / PA Systems Cups/Paper Goods/Plastic flatware A s sorted Foods Outdoor Movies Animal Rides 2. Subject to each respective fiscal year's budgetary appropriation, this Resolution authorizes such expenditures fiscal year to fiscal year until repealed. This RESOLUTION is adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By:. TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Thomas C.'Pa'lmer Assistant County Attorney AGEND~JTEM No._ !(.~ SEP ! 2 2OOO EXECUTIVE SUMMARY Approval of an Amendment to the Workers' Compensation Managed Care Agreement between Collier County Government and Community Health Partners. OBJECTIVE: To receive Board approval of a contract amendment to the County's Workers' Compensation managed care agreement to reflect a change in the Fee Schedule. CONSIDERATIONS: As required by Florida Statutes 440, Collier County has a contract for managed care services for its Workers' Compensation program. This contract is with Community Health Partners (a/k/a "CHP"). The agreement contains a provision which governs the allowable amount which will be paid for physicians services, hospital services, and other services necessary to render medical care to injured employees. Pursuant to the contract, CHP has requested an increase in certain Physician Visit fees found within the agreement. These fees have not been increased since the inception of the program 1995. This increase reflects a percentage increase of 25% for these services. The contract amendment has been approved by the County Attorney as to legal sufficiency. It will be effective on October 1, 2000. FISCAL IMPACT: Funds are budgeted within the Workers' Compensation Fund for these services. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve an amendment to the agreement with Community Health Partners as described in the Executive Summary. ~SUBMITTED BY:' ~,-~.. ~,/~"-'"'-~- Date:x//-~//~ ~- · f'eff X~Valker, CPCU, ARM, Director, Risk Management REVIEWED BY: Jo-Anne Varcoe-Leamer, Support Services Administrator SEP 1 2 2000 Community Health Partners" FIRST AMENDMENT TO WORKERS' COMPENSATION PROVIDER NETWORK EMPLOYER PAYOR AGREEMENT Between COLLIER COUNTY GOVENMENT And NAPLES PHYSICIAN HOSPITAL ORGANIZATION. INC d/b/a COMMUNITY HEALTH PARTNERS THIS AMENDMENTMENT TO THE PARTICIPATING PHYSICIAN-HOSPITAL ORGANIZATION AGREEMENT (the "Amendment") is entered into a~ becomes effective on October 1. 2000, by and between Collier County. Government hereafter referred to as "Payor", and Naples Physician-Hospital Organization, Inc., d/b/a Community. Health Partners, hereinafter referred to as "CHP". RECITALS WHEREAS, Collier County Government and CHP have entered into a Workers' Compensation Managed Care Arrangement Plan pursuant to Florida Statutes Chapter 440. Provider Network Employer Payor Agreement (the "Agreement"), effective January 1, 1997. whereby Collier county Government and CHP agreed to provide certain Workers' Compensation services through a provider network and case management to Covered Persons under Workers' Compensation Law accessing the network and provid in g case management services. WHEREAS, the parties wish to amend the Agreement in accordance with the terms hereof. NOW, THEREFORE, that in exchange for lawful consideration and intending to be legally bound. the parties amend the Agreement, as follows: l. All defined terms used in the Amendment shall have the same meaning as ascribed to them in the Agreement. Except as set forth herein, all other terms and conditious set forth in the Agreement, shall be unaffected hereby and shall remain in full force and affect. 2. Purusant to Article 4. Compensation. Article 4, first paragraph shall be amended as follows: Payor shall pay to CHP Participating Providers compensation for those Covered Services provided to the Payor's Benefidiaries u~der the WorkCare program according to Schedule 4A attached. Payor agrees not to disclose this fee information to outside third parties unless specifically required by law. (Second paragraph of Article 4 shall remain as is.) I AGEND~ ITEM' INo. I ooo Page i 3. Pursuant to Article 17. Notices. Amend with the following: Naples Physician Hospital Organization, Inc. cLrb/a Community Health Partners 408 Goodlette Road S. Naples, FL 34102 Attention: Executive Director 4. Amend Agreement to include Article 18 as follows. 18. Neurosur~eon Referral Criteria. Referrals to Community Health Partners Workers' Compensation Network Neurosurgeons must be made by a participating Neurologist or a participating Physiatrist. IN WITNESS WHEREOF, the undersigned have executed this First Amendment to be effective as of October 1, 2000. Collier Coun~ Board of Count~ Commissioners: Attest: Dwight E. Brock Signature Timothy J. Constantine, Chairman Print Name and Title Date By: Depu~ Clerk Approved as to Form and Legal Sufficientcy: By: /(~'~/'r~c~/t ~'/ /~fi~f Naples Physician- Hospital Organization, Inc. Allen S. Weiss; MD, Co-Chairman Date Witness Date -- AGi[ IT I $EP 12 2000 Schedule 4A COMMUNITY HEALTH PARTNERS WORKERS' COMPENSATION FEE SCHEDULE Hospital Fee Schedule Inpatient and Outpatient Hospital Services will be reimbursed at the Florida State Workers' Compensation fee schedule. Ancillary. Facility Fee Schedule All other Ancillary Facility Services will be reimbursed at the Florida State Workers' Compensation fee schedule. Physician Visits - Fee Schedule All Physicians will be reimbursed according to the Florida State Workers' Compensation fee schedule with the exception to the procedures listed below. These procedures will be reimbursed according to the 2000 Fee amount iljustrated. 99201 OFFICE/OUTPATIENT VISIT, NEW $48.54; 99202 OFFICE/OUTPATIENT VISIT, NEW $75.711 99203 OFFICE/OUTPATIENT VISIT, NEW $105.241 99204 99205 99211 99212 99213 99214 99215 OFFICE/OUTPATIENT VISIT, NEW $153.26; OFFICE/OUTPATIENT VISIT,NEW $191.161 !OFFICE/OUTPATIENT VISIT,EST ~ $23.081 =OFFICE/OUTPATIENT VISIT,EST $41.93t OFFICE/OUTPATIENT VISIT,EST .... $57.50!~ iOFFICE/OUTPATIENT VISIT, $87.55i EST :OFFICE/OUTPATIENT VISIT, EST $134.95i 99241 OFFICE CONSULTATION $70.02i 99242 OFFICE CONSULTATION $111.80! 99243 OFFICE CONSULTATION $143.30i 99244 ~ :OFFICE CONSULTATION $199.21 j 99245 'OFFICE CONSULTATION $264.38i All other Physician Services will be reimbursed based on the Florida State Workers' Compensation Fe~ Schedule. In the event the State of Florida shall adopt the RBRVS system ['or Workmen's Compensation, RBRVS will replace 100% Workmen's Compensation fee schedule in this agreement. with the exception of Evaluation and Management Medical Fee Schedule codes above l~)r Medical Case Coordinators only. A~.~NOA ITEI,~ '1 No. SEP 1 2 2000 EXECUTIVE SUMMARY APPROVAL TO AWARD BID NO, 00-3089 FOR THE PURCHASE OF ELECTRICAL PARTS AND SUPPLIES USED IN COUNTY REPAIRS AND MAINTENANCE OBJECTIVE: To have the Board of County Commissioners Award Bid No. 00-3089, Electrical Parts & Supplies to Graybar Electric and C.E.D., Inc. for the purchase of electrical parts and supplies. CONSIDERATION: The Department of Facilities Management is responsible for the repair and maintenance of the County's many electrical and lighting systems. Pads and supplies are purchased through local vendors on an as needed basis. In conjunction with the Purchasing Department, bids are established for the purchase of goods and materials relating to electrical pads and supplies. On May 25, 2000, formal bid invitations were posted in the lobby of the General Services Building and distributed to 85 firms that provide electrical pads and supplies. Bids were received from Graybar Electric and C.E.D., Inc. On June 14, 2000, bids were opened from the two (2) responding firms. A tabulation sheet is attached to this summary for your review. Staff has reviewed the Raybro Electric Supplies. bids and recommends award to Graybar Electric and C.E.D., Inc. d/b/a ~SCAL IMPACT: The Facilities Management Department purchases approximately $90,000 worth of electrical parts and supplies annually. Since all County departments may utilize this bid, the estimate may be subject to variation depending on the needs and degree of participation of other County departments. Funds are budgeted in FY 00-01 project cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the County Growth Management Plan. RECOMMENDATION' To have the Board of County Commissioners award Bid No. 00-3089, Electrical Pads and Supplies to G!/aaybar Electric a~ C.E.D., Inc. d/b/a Raybro Electrical Supplies. Daniel R. Rodriguez, ]~imF~cilities Management Director REVIEWED BY: APPROVEDBY: Facilities Management Department Gwen Butler, Interim Director Purchasing Department Jo-Anne Varcoe Leamer, Administrator Support Services Division Date: .~- 2 ?- LL; EXECUTIVE SUMMARY AWARD BID NO. 00-3101, GROUNDS MAINTENANCE AT THE COLLIER COUNTY MAIN GOVERNMENT COMPLEX. OBJECTIVE: Award Bid No. 00-3101, Grounds Maintenance at Main Government Complex. CONSIDERATION: On June 23, 2000, formal bid invitations were posted in the lobby of the General Services Building and distributed to 55 firms that provide landscape services for all areas and buildings of the Collier County Government Complex. The bid opening was held on July 26, 2000, with five (5) bidders submitting. The bid results are on the tabulation sheet attached to this summary. Staff has reviewed the bids and recommends award to Florida Property Maintenance. FISCAL IMPACT: The annual cost of this service is $ 81,600. Funds are budgeted in the 2000-2001 Facilities Management budget for this expense. GROWTH MANAGEMENT IMPACT: None. ~-RECOMMENDATION: To have the Board of County Commissioners award Bid No. 00-3101, grounds aintenance at the Main Government Complex to Florida Property Maintenance. To authorize the Contract Manager to approve change orders not to exceed the cost center, and to authorize the Chairman to sign the Standard County Contract after County Attorney Review. SUBMITTED BY: REVIEWED BY: R(0nald Holder, Contracts/Manager Facilities Management Depa~me0I~ D~el Rodriguez,~mer~e~ Facilities Management~ep~ment Date: REVIEWED BY: ,...APPROVED BY: Gwen Butler, Interim Director Purchasing Department Date: Date: ~f ~,//3 000 Jo-Anne Varcoe Learner, Administrator Support Services Division SEP ! 2 EXECUTIVE SUMMARY APPROVE AND EXECUTE AN AMENDMENT TO THE ARTHUR ANDERSEN CONSULTING SERVICES AGREEMENT TO CLARIFY SCOPE OF WORK AND OBTAIN ADDITIONAL SERVICES. OBJECTIVE: To clarify roles and responsibilites among the parties prior to commencing the position classification phase of the agreement and to compensate the consultant for additional services rendered under the pay study phase of the agreement. CONSIDERATIONS: The County is presently under contract with the consulting firm of Arthur Andersen to assit the County in enhancing its ability to recruit and retain qualified employees. Phase I of the contract scope (pay study and pay recommendations) was completed in April and implemented by the Board during the FY 2001 budget process. Phase II of the contract (a classification study to comparatively review all current job titles) is scheduled to commence in October, 2000. Prior to commencing this phase of the work, staff has met with the consultant and clarified the work schedule and the respective roles and expections of both parties. Under the proposed schedule, Phase II would be completed in February, 2001. Additionally, staff has agreed to authorize an increase in the amount of $2,220 to compensate Arthur Andersen for additional services provided during Phase I. Staff has prepared the enclosed amendment to the agreement for Board approval that codifies these items. Under phase II of the agreement, the consultant will collect and analyze input from employees regarding job duties for all pay titles; develop an updated compensation structure and provide Human Resources staff with a modernized job evaluation system. FISCAL IMPACT: Funds are available in the Human Resources Department's operating budget. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners approve Amendment #1 to Agreement 99-2999 and that the Chairman be authorized to sign the amendment on behalf of the Board, subject to prior approval for legal sufficiency by the Office of the County Attorney. Steve Ca'hell" Interim Human Resources Director REVIEWED BY: ' ~ 'L~" Date: ~' ~: {J' Jo-Anne LeamoOr, Support Services Administrator AGENDA~IT, E,M No._ I(( t~ '!. SEP 1 2 2O00 Amendment #1 Agreement 99-2999, "Pay and Classification Studies" This amendment, dated ,2000 to Agreement 99-2999, "Pay and Classification Studies", shall be by and between the part=,~s to the original agreement, Arthur Andersen, LLP (to be referred to as "Consultant" or "AA") and Collier County, Florida, (to be referred to as "The County"). Whereas, the parties entered into the original agreement on December 14, 1999 under which the Consultant would provide pay study and job classification services in two respective Phases (I and II); Whereas, the pay study was delivered to County staff and subsequently presented to the Board of County Commissioners in public session on April 11,2000; Whereas, both parties desire to proceed with Phase II in a timely and orderly fashion under a modified schedule; and Whereas, both parties desire to more fully clarify expectations their respective roles during phase II; Therefore, both parties have hereby agreed to formally amend this Agreement as set forth herein (additions in bold, deletions "* .... ~' *~' ..... ~' Section 1, add the following language at the end of the section: The Consultant shall commence all work under Phase II upon receiving a subsequent notice to proceed from the contract manager specific to that phase. Said notice shall be issued subsequent to the approval of this amendment. Section 3, add the following language at the end of the section: d. For additional services rendered by the Consultant during Phase I to correct the Grade Assignment Separation for the BCC agency, the County agrees to pay the Consultant the amount of two thousand, two hundred and twenty dollars ($2,220) for completion and acceptance of said task. Section 5, 2n~ paragraph, first line is amended as follows: Steve Carnell, CPM, Interim Human Resources Director Exhibit A, page A-2 as codified in the original amendment is hereby deleted in its entirety and is amended as shown as an attachment to this amendment (pages A-2, A- 3). Exhibit B, page B-l, Section 3, the following paragraph is hereby inserte, [; AGENDA I~.i;;~,, ---. Pg.- Both the Consultant and the County hereby agree that this amendment shall serve to fully codify the understanding between the parties regarding any or all claims pertaining to additional services performed during Phase I of the agreement. In this regard, by executing this Amendment No. 1 to the Agreement, the Consultant hereby agrees to and does release and forever discharge the County from any and all claims the Consultant has made or could have made for additional compensation, payments, fees, costs or expenses of any nature whatsoever that relate or refer in any way to Phase I of the Agreement or to any alleged additional services performed during Phase I of the Agreement expect as expressly and specifically provided for in this Amendment. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST: Corporate Secretary/Witness Arthur Andersen, LLP By: By: Dated: Title: Dated: ATTEST: Dwight E. Brock, Clerk CORPORATE SEAL COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and Legal sufficiency: Michael W. Pettit, Assistant County Attorney Amendment ¢¢1, Agreement 99-2999 Page 2 AGE N DA.I_T~/~'Q,,~ No. 4~ A2 (Amendment ¢¢1) EXHIBIT A SCOPE OF WORK BY PHASES, TASKS AND DELIVERABLES KEY WORK STEPS AND TIME SCHEDULE WORK STEP JOB ANALYSIS AND QUESTIONAIRE: 1. AA develops custom Job Analysis Questionnaire form (JAQ)+ and delivers to Contract Manager (CM)^ 2. Div. Administrators and Contract Manager review JAQ 3. CM provides input to AA to incorporate into JAQ 4. AA develops final JAQ form created via software to be scannable into AA system and provides copies to CM for duplication. 5. CM provides labels for JAQ's 6. AA Administers JAQ on-site (Consultant to be on site a minimum of 4 days, maximum of 6 days with two on site administrators) and delivers JAQs to CM 7. CM presents JAQs to supervisors for comment and forwards JAQs and supervisor comments to AA 8. AA inputs JAQ's into database via Teleform CUMULATIVE CALENDAR DAYS TO COMPLETE* 7 11 11 18 18 28 49 56 JOB EVALUATION: 9. AA creates spreadsheet to analyze job evaluation points and returns original JAQs to County for internal updating 10. AA completes initial analysis of mode for each job and initial job hierarchy based on employee and supervisory input 11. AA meets with CM to review hierarchy 12. CM provides changes to AA. 63 7O 70 84 A-2 (Amendment ¢¢1 ) Pg. ~ EXHIBIT A SCOPE OF WORK BY PHASES, TASKS AND DELIVERABLES KEY WORK STEPS AND TIME SCHEDULE (Cont...) WORK STEP CUMULATIVE CALENDAR DAYS TO COMPLETE* 13. AA incorporates CM changes with audit trail and creates final hierarchy; reviews reporting relationships, job families etc. 91 COMPENSATION STRUCTURE REDESIGN: 14. AA performs regression analysis, creates first draft compensation structure based on CM input and meets with CM to present first draft final report 98 15. CM reviews report and provides changes. CM provides Data file to AA that reflects Employee Name, Date of Hire, Date in Position, Current Title, Pay Grade, current Wage/salary and annual hours scheduled. Job Titles to Match titles provided on labels in step ¢¢5. 105 16. AA meets with dept./div. heads to review compensation Structure and solicit comments (one day on site) 112 17. AA revises compensation structure based on input from Division and Department heads, finalizes report including cost impact and submits final report to CM 119 18. AA presents final report to Board of County Commissioners 133 * Refers to ¢¢ of calendar days to complete from issuance of the notice to proceed for Phase II. ^Each reference to Contract Manager (CM) means Contract Manager or his designee +AA and CM will work together to develop meeting schedules that include participation from all employees in both single and multi-incumbent titles prior to the initiation of step ¢¢6. A-3 (Amendment #1 ) EXECUTIVE SUMMARY ACCEPT THE DONATION OF A CHRISTOPHER COLUMBUS STATUE FROM THE KNIGHTS OF COLUMBUS. OBJECTIVE: To have the Board of County Commissioners accept the donation of a Christopher Columbus statue from the local chapter of The Knights of Columbus. CONSIDERATION: The local chapter of The Knights of Columbus has asked that the Board of County Commissioners accept the donation of a Christopher Columbus statue valued at $6,000. The statue is being donated specifically for the new Golden Gate Government Service Center. The statue is made of a metal frame, fiberglass and covered in bronze. It weighs approximately 300 pounds and stands six feet one inch tall. The statue will permanently stand on a specifically designed pedestal in the courtyard of the new Golden Gate Government Service Center. A rendering of the statue is attached. FISCAL IMPACT: The statue is considered a gift valued at $6,000. The cost to construct the pedestal, pavement and lighting is estimated to cost $24,000 and is included in the contractor's bid for construction of the Golden Gate Government Service Center. GROWTH MANAGEMENT IMPACT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners accepts the gift of a Christopher Columbus statue from the local chapter of The Knights of Columbus. SUBMITtED BY: Date: Daniel R. Rodriguez, Acting Director Facilities Management Department 9~PPROVED BY: ,.~//' Date: Jo-Anne Varcoe-Leamer, Division Administrator Support Services Division AGEN, p,~~ EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TOTALING $441,000 TO FUND THE COST OF RE-LOCATING VARIOUS COUNTY DEPARTMENTS AND AUTHORIZE STAFF TO NEGOTIATE A LEASE FOR OFFICE SPACE ON HORSESHOE DRIVE. OBJECTIVE: To have the Board approve budget amendments totaling $441,000 that will fund the cost of re-locating various departments on and off campus for improved operating efficiency; for improved customer service to job applicants and employees; to improve physical working conditions; and to comply with the American With Disabilities Act and local fire codes. In addition, to authorize Staff to negotiate a lease for office space on Horseshoe Drive that will facilitate the physical consolidation of the Transportation Division. CONSIDERATION: In June of this year, the Public Works Department was re-organized into two distinct new Divisions; Transportation and Public Utilities. The engineers and project managers for these new Divisions are still physically located together in Building D (PWED Building located next to snack bar) as they were under the old organizational structure. To complete the re-organization and improve the project planning, co-ordination and implementation process, the engineers and project managers will be moved into closer proximity of the operating and administrative staff of their respective Divisions. The Transportation employees will be moved into leased space on Horseshoe Drive and the Public Utility employees will be moved to Building H (Health and Public Services Building). Once the Transportation and Public Utility employees are moved to their new locations, Human Resources and Risk Management will move into Building D to create a one-stop-shop for job applicants and employees that is more centrally located and easier to access. This move will also reduce the amount of walk-in traffic to Building F (Administration Building). In addition to consolidating the location and services of these departments, a clinical area will be developed for the purpose of bringing in house pre-employment physicals, drug screening, limited workers compensation treatment / triage and wellness. This work will be performed by an occupational health specialist under the supervision of Risk Management and will streamline the employment process, improve customer service, reduce health costs and reduce workers compensation costs. The space previously occupied by Risk Management on the fourth floor of Building F will then be occupied by Real Property. Real Property will move from the eighth floor of Building F to provide additional space for the County Attorney's office. Over the past year, the County Attorney's office has added 6 new positions with no increase in square footage. The use of the entire eighth floor will allow the County Attorney to re-create law libraries and conference rooms that have been converted to work stations over the past year; will return hallways currently occupied by employees to their intended use; and provide adequate space for filing and storage. The Public Information Office will move into the space previously occupied by Human Resources on the first floor of Building F. Currently, Public Information's office space consists of hallways converted to office space. This move will provide Public Information with adequate square footage and provide Building F occupants with additional emergency exits. ' AGENDA r'IEM SEP 12 20O0 Executive Summary Cont. Building/Space Improvements Page 2 of 2 The Purchasing Department will move into vacant space in Building G (Chiller Plant Building). This move will allow Purchasing to integrate the County's mail room into their operations which will provide opportunities for cross-training and allow the mail room staff to assist Purchasing during slow periods. Facilities Management will then be able to utilize the bay in Building W (General Services Building) for maintenance and parts inventory control. The initial cost to implement this plan is $441,000 and is broken down as follows: Transportation $142,300 Public Works Utilities $ 69,300 Human Resources $ 25,300 Risk Management $ 25,300 Real Property and Public Information $ 11,000 County Attorney $ 74,300 Purchasing $ 93,500 The total re-occurring cost associated with this plan will be approximately $64,500 per year. This is the estimated cost to lease 4,300 square feet of office space at $15.00 per square foot on Horseshoe Drive for the Transportation engineers and project managers. The Transportation Division will fund this re-occurring cost. The estimated time to complete the proposed office re-locations is 3 months. FISCAL IMPACT: The total one-time cost of this plan is $ 441,000 of which $204,100 will be funded by additional State Revenue Sharing received during this fiscal year; $142,300 will be transferred from Fund 313 reserves; $69,300 will be transferred from fund 408 reserves; and $25,300 will be transferred from Fund 518 reserves. The total re-occurring cost associated with this plan will be approximately $64,500 per year and will be funded by the Transportation Division. GROWTH MANA'GEMENT IMPACT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board approve Budget Amendments totaling $441,000 to re- locate various Departments and authorize staff to negotiate a lease for office space on Horseshoe Drive. SUBMITtED BY: Date: Daniel R. Rodriguez, Acting Director Facilities Management Department APPROVED BY: ~-.~ Date: Jo-Anne Varcoe-Leamer, Division Administrator Support Services Division No._ IU SEP 1 2 2000 EXECUTIVE SUMMARY APPROVAL TO AWARD WORK ORDER VB-00-01 TO VANDERBILT BAY CONSTRUCTION COMPANY, INC. FOR THE GOLDEN GATE GOVERNMENT SERVICES CENTER. OBJECTIVE: To award Work Order VB-00-01 to Vanderbilt Bay Construction Company, Inc. for the Golden Gate Government Services Center. CONSIDERATIONS: The Board is currently leasing store front office space for the Tax Collector in Golden Gate. As part of the County's Master Space Plan, the Board approved the construction of a facility that will house the Tax Collector, Property Appraiser and Clerk of the Courts. In order to expedite the occupancy of this facility, staff secured three proposals from contractors currently on the County's annual construction RFP. The proposals were received on August 22, 2000 and were posted as follows: Vanderbilt Bay Construction, Inc. $1,254,000, Chris-Tel Construction, Inc. $1,299,900 and Surety Construction, Inc. $1,329,500. The low proposal was negotiated down to $1,226,800. The revised budget is $1,440,500, and includes construction cost $1,226,800, permits $8,500, equipment and furniture $116,000, moving expenses $10,000, tap in fees $10,000, builders risk $6~000, and a 5% contingency of $63,200. The project has a shortfall of $911,373 and is due to the following reasons: 1) In order to accommodate all the services that are now scheduled to be provided at this site, the program went from 5,000 square feet to 6,100 square feet. 2) A completion schedule of 180 calendar days to complete this facility in order to get the Tax Collector out of leased space. 3) There is currently a booming economy and a shortage of sub-contractors in this area resulting in inflated prices, especially for small buildings. FISCAL IMPACT: Currently there is $529,127 remaining in the project budget. In order to complete this project, budget amendments in the amount of $911,373 will be needed and will facilitate a phased construction program. Phase One (in FY 99-00) will include start up activities and site work. Phase Two (FY 00-01) will include the balance of the construction along with other associated costs. The additional funds for this project are currently budget in the proposed Courthouse Annex Design project for FY 00-01. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board award Work Order VB-00-01 to Vanderbilt Bay Construction, Inc. for the construction of the Golden Gate Government Services Center, authorize the Chairman to sign the Work Order after review and approval by the County Attorney's Office and approve the y budget amendments outlined within this summary. Golden Gate Government Services Center Executive Summary Page Two Prepared By: Jack Crognale, Construction Manager Department of Facilities Management Date: Reviewed By: Dan Rodriquez, Facilities Manager Department of Facilities Management Date: Approved By: Approved By: Gwen Butler, Interim Director Purchasing Department Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: Date: AG ENDAJ.T,E M.,. No, !6 _-II~(,~/) Pg. 4 WORK ORDER # VB-00-01 "General Contractor's Services" Contract #99-3025, dated February 22, 2000 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Start Up Activities and Site Work for the Golden Gate Government Service Center. PROJECT: The work is specified in the proposal dated Auqust 29, 2000 from Vanderbilt Bay Construction, Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # VB-00-01 is assigned to Vanderbilt Bay Construction, Inc. Scope: Contractor to supply labor and material Task I General Conditions Task iI Site Clearing and Fill Task III Site Utilities Task IV Building Foundations and Walls Task V Structural Steel Material Task VI Plumbing and Electrical Rough-ins All in accordance with plans and specifications by Victor J. Latavish AIA dated 4/1/00 and site plans and specifications by Agnoli,Barber & Brundage, Inc. dated August 7, 2000 Schedule of Work: Complete within 60 cal. days. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I Task II Task III Task IV Task V Task VI Total Fee 25 000.00 41 000 00 117 000 00 100 000 00 74 500 00 42 500 00 400 000 00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Work Order VB- 0 0 - 01 Page 2 Date ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Date BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Timothy J. Constantine, Chairman Vanderbilt Bay Construction, Inc. Contractor (Corporate Secretary) ]~/~;~. e . ~ed Name and Title (or) witnesses (2) (1) Signature (2) Signature (Print Name) (Print Name) Approved as to Form and Legal Sufficiency: Assistant County Attorney AG EN DA_IT,,EM. EXECUTIVE SUMMARY APPROVAL OF FEDERAL HAZARD MITIGATION GRANT PROGRAM APPLICATIONS FOR FUNDING TO IMPROVE HURRICANE PROTECTION AT COLLIER COUNTY SHELTERS OBJECTIVE: That the Board of County Commissioners approve the attached Federal Hazard Mitigation Gram Program (HMGP) applications for hurricane retrofit funding at Gulf Coast and Barron Collier High Schools. CONSIDERATION: In November of 1999, Collier County, in response to a State initiative, submitted several hurricane shelter retrofit projects to the State Division of Emergency Management for funding consideration through the Federal HMGP. Two projects have been selected for possible funding through the federal HMGP: Barron Collier High School for $21,563. and Gulf Coast High School for $9,945. The funding will provide additional window and doorway protection to the shelter areas of the two schools and result in an increase in hurricane shelter spaces for the county. FISCAL IMPACT: If approved, acceptance of $31,508.00 in Federal funding and agreement to conduct routine maintenance on the retrofit. GROWTH MANAGEMENT IMPACT: Policy 13.1.3, Conservation and Coastal Management Element, requires that the County continue to identify shelter space that complies with American Red Cross standards. RECOMMENDATION: That the Board of County Commissioners approve the State of Florida Hazard Mitigation Grant applications and authorize the Chairman to execute the document, and that staff be directed to submit the applications to the Department of Community Affairs, Division of Emergency Management. Jan~s J. von R~teln, Eme ency Management Coordinator REVIEWED BY:~~.~/ r~. ~"~ Date: K~l.~th F. Pineau, Emergency Management Director// / APPROVED BY: Thomas Storrar, Emergency Services Administrator Date: c'~//~/~) AGENDA ITEM No. /G ~f~) I SEP 12 2o00 STATE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM (HMGP) FLOOD MITIGATION ASSISTANCE (FMA) Application THIS SECTION FOR STATE USE ONLY FEMA- -DR-FL__ [] Standard HMGP [] Standard FMA [] 5% Initiative Application [] Application Complete [] Initial Submission or [] Resubmission Support Documents I-'1 Conforms with State 409 Plan [] in Declared Area [] Statewide Eligible Applicant [] State or Local Government [] Private Non-Profit (Tax ID Received) []Recognized Indian Tribe or Tribal Organization Project Type(s) [] Wind [] Flood [] Other Community NFIP Status: (che~ a, that apply) [] Participating Community ID #: [] In Good Standing [] Non-Participating State Application ID State Reviewer [] CRS Reviewer Phone # Reviewer Fax # Reviewer Email: Date Application Received Signed Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) ant Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269. A. To Fill Out This Application: complete all sections which correspond with the type of proposed project General Application Sections: Environmental Review: Maintenance Agreement: Acquisition Worksheet: Elevation Worksheet: Drainage Worksheet: Wind Retrofit Worksheet: Attachment A: Attachment B: pp. 1-6: All Applicants must complete these sections pp. 7-10: All Applicants must complete these sections p. 11: Any applications involving public property, public ownership, or management of property pp. 12-14: Acquisition Projects only -- one worksheet per structure pp. 15-19: Elevation Projects only -- one worksheet per structure p. 20: Drainage Projects only pp. 21-22: ~3rtnd retrofit projects only (HMGP only) - one worksheet per structure FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable. HMGP/FMA Application Completeness Checklist: All applicants are recommended to complete this checklist B. Applicant Information FEMA- -DR-FL Disaster name Ex.~ FEMA.1300.DR-FL: Hurricane Floyd Title / Brief Descriptive Project Summary 1. 2. Hurricane Shelter Retrofit - Barron Collier High School Applicant (Organization) ... Collier County Emergency Management Applicant Type [] State or Local Government [] Recognized Native American Tribe [] Private Non-Profit County Collier Congressional District(s) 14 - Goss (*if your FIPS code is not known, please fill out FEMA Form 90-49 AOENDA ITEM No. I _ 2000 4. State Legislative district(s)Sen 5. Federal Tax I.D. Number 6. FIPS Code* 59-6000558 25/HS-76 Attach any continuations or additional items to this page SEP 1 2 9. 10. HAZARD MITIGATION GRANT PROGRAM (HMGP) FLOOD MITIGATION ASSISTANCE (FMA) Application (Attachment A) so that the Department may obtain a FIPS code for you) ' National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIP~k map for your area) 120067 NFIP Community Rating System Class Number 7 Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number Point of Contact [2Ms. I'~lMr. ElMrs. First Name Jim Last Name Title Emergency Management Coordlinator Street Address 3301Tamiami Trail East , Building F City Naples Telephone (941) 774-8444/8911 Email Address (if available) vonrl@worldnet.att.net 11. Application Prepared by: [EIMs. ElMr. EIMrs. First Name __ yon Rinteln State FL Zip Code 34112 Fax (941) 775-8005 -SAME- Last 12. 13. endorsement for the project from the county's Local Mitigation Strategy Coordinator. Section I. History of Hazards / Damages in the Area to be Protected A. Overview of Past Damages Title Telephone Fax Authorized Applicant Agent (proof of authorization authority required) ElMs. F~-Ir. nMrs. First Name Timothy J. Last Name Constantine Title Chair. of the Board of County Commissioners Telephone (941) 774-8393 Fax (941)774-3602 Street Address 3301 Tamiami Trail, East, Building F, 2d Floor City Naples State FL Zip Code 34112 Signature Date All proposed projects should be included in the county's Local Mitigation Strategy (LMS), please attach a letter of OWi~T E. BRO~ Describe all past damages from hazardous events in the project area (include name of storm, if applicable), including direc and indirect costs. Include Presidentially declared disasters as well as events that did not result in a Presidential declaration. Attach any supporting documents. Direct costs should include damages to structures and infrastructure in the project area as a result of the hazard. Indirect costs should include the cost to the local government to respond to victims o: the hazard in the project area, any interruption to local businesses, and losses of public services (3 examples are provided for your reference). Date Frequency of Event Damages ($) Indirect costs (describe) 1992 Hurricane Andrew$48 mil $15 mil 1993 Storm of Century$1 mil $100 k 1996 TS Josephine $500 k $100 k 1997 E Naples Tornado$300 k $100 k 97-98 E1 Nino Events$6 mil $200 k 1999 TS Harvey $400 k $50 k 1999 Hurricane Irene$50 k $47 k 2000 Wildfires $1 mil $500 k Attach any continuations or additional items to this page I In I i I t I I Ill II II I1 II'' I ' HURRICANES-TROPICAL STORMS COMING WITHIN 65N~ 0F NAPLES, FLORIDA [1886-1999] CAT 1 C~T 2 CAT 3 CAT 4 CAT 5 Trop. Sto JANUARY ...... FEBRUARY ...... .--. MARCH .... ION~ - - t - - 3 jtmY - - - 2 AUGUST 1 1 - 1 - 6 SEPTENtER 1 5 6 1 - - 4 OCTOBER 4 1 2- 13 NOVEMBER ..... 1 DECEMBER ~' - - - ! 6 5 9 2 0 31 AGENDA ETEM" SEP 1 2 2000 COLLIER COUNTY GOVEILNME~NT EMFRGENCY MANAGEMENT DEPARTMENT, 3301E. TAMIAMITRA1L NAPLES, FLORIDA 34112 (941) 774-8444 FAX: (941) 775-5008 A CERTIFIED {~LUE CHIP COMMUNITY April 25, 2000 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Blvd Tallahassee, FL 32399-2149 Re: Letter of Endorsement for Retrofit of Barron Collier High School under the HMGP [ have reviewed the subject retrofit proposal for the Barron Collier High School and find it Ln keeping with the priorities and intent of the Collier County Local Mitigation Strategy (LMS). Barron Collier High School is the primary Special Needs Shelter for the Naples area of Collier County Florida. As such, it is rated as a top priority in our LMS. If you should have any questions on this please contact me at (941) 774-8911/8444. Collier County, Local Mitigation Strategy Coordinator AGENDA ITEM No. /4- ~'~'2 ~ SEP 12 2000 Section II. A. Project Description Hazards to be Mitigated / Level of Protection 1. Select the type of hazards rJ~ proposed project will mitigate: [] Flood Xi2 Wind [] Storm surge [] Other (list). 2. Identify the type of proposed project: [] Elevation and retrofitting of rr~dential or non-residential structure [] Acqulsidon and rolecation[] Acquisition and demolition X~I Wind r~trofit El Minor drainate project that re~c~-~ 1o~li?~d flooding [] Other (pl~.~ explain) 3. I~(th¢ total number of per, ore that will be prou~cted by the proposed project: 1,000 + 4. Fill in the level of pmU~cfion and the minituck: of eveal r~c proposed project will mitigate. (e.g. ~3 structures protected against the 100*ycar (1%) flood) . structures protected against the ~ -year Flood (10. 2~, 50, IOO, or 500 structures protected ag=iusl ~ mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvemeats), include (attach to this page) ALL engineering calculations and design plans used to determine the above lcvcl of protection. 6. Project will provide protection agairtnt the h=Tard(s) above for25 years (i.e., what is the useful life of th project B. Project Description, Scope of Work, and Prote~on Provided Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed projet will solve the problem(s) and provide the level(s) of protection described in Pan A. Also, if available, attach a vendor'.~ estimate and/or a coatractor's bid for the scope of work. The proposed project entails purchasing and installing hurricane protection for the Barron Collier High School main entrances, and cafeteria entrance located at 5600 Cougar Lane Road, Naples FL. 34109. The project will solve the problem(s) associated with the two entrance/exit ways to the main building which has 15,000 square feet of shelter space. Currently, these areas are prone to high winds and debris which are carded by these high wind. Protection of these areas will greatly enhance this County shelter's capacity. The protection system will consist of three Armor Screen sections, and 14 window coverings which are engineered to meet Miami- Dade standards and the Southern Building Code Congress International, 12-97. The screen systems will be custom designed and engineered to protect the three entranceways as depicted in the attached schematics and specifications. Currently, Barron Collier High School is the main County Special Needs Shelter. Attach any continuations or additional Items to this page SEP 1 2 2000 CUSTOMER NAME CONTRACTOR NAME 900 INDUSTRIAL BOULEVARD NAPLES, FLORIDA 34104-3612 NAPLES 261:3581 FT. MYERS 489-3581 FAX 261-7499 DATE Apr i 1 JOB A'DDFiESS JOB NO. CtJST. NO. PROJECTED INSTALL COMPLETED I1, 2000 BILLING ADDRESS CONTACT PERSON PHONE: JOB PHONE: APPROXIMATE DELIVERY AFTER RECEIPT OF DEPOSIT Jim VonRin~e!n 774-8911 PRODUCT CODE__ We propose to furnish and install the following: Barron Collier Eig-h SchooZ Armor Screen Main Entrance 9I Front Entrance 53~ Wi~hou~ Door -~' 57' With Door (White) Front En~'~&nce Side 13' 93 Back Cafeteria 69~ without Door 73' Wi~h Door (Whi=~) Customer must provide clear access for installation. Permits, electrical or custom engineering are NOT included in price quoted.i Are other products to be coordinated with this order?'YES i"-i NO [] Describe: EXECUTED THIS PURCHASER CONTRACT PRICE TAX TOTAL DEPOSIT (50%) BALANCE DUE WHEN INSTALLED PLEASE NOTE: Deposit required at time of order. Balance must be paid when instalh Prices' quoted are valid for 30 dsy-~ DAY 19.__ SELLER: SUNMASTER OF NAPLES, INC. ACCEPTANCE SUBJECT TO MANAGEMENT APPROVAL 'CONTRACT' SUBJECT TO ADDITIONAL TERMS ON REVERSE SIDE "BUYERS RIGHT TO CANCEL" This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by prov written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the g or services and must be delivered or postmarked before midnight of the third business day after you sign this agreen If you cancel this agreement, the seller may not keep all or A(3END.~ ITEM part of any cash down paymenJ,.' SEP 1 2 2000 ! Pot, SUNMASTER OF NAPLES, INC. EVERYTHING FOR WINDOWS...INSIDE & OUT 900 Industrial Boulevard Naples, Fiorida 34104-3612 (941) 261-3581 Fax (941) 261-7499 SHEET NO. CN. CULATED BY, CHECXED BY OATE DATE SUNMASTER OF NAPLES, INC. EVERYTHING FOR WINDOWS...INSIDE & OUT 900 Industrial Boulevard Naples, Florida 34104-3612 (941) 261-3581 S14EE'r N~. ~CUt. ATED BY. CHECI~r~ !IY, OF DATE _ DATE Fax (941) 261-7499 .................. , ~ ' , ....... D t' M ........ SEP 12 2000 ~o., /~ Description The Armor Screen barrier is a significant advance over shutters. When install, allows visibility from within and light into the structure. It's a flexible wind abate impact protection system designed to be easily installed, to fold and store comF and to require no maintenance while stored for extended periods. Extremely tough and very lightweight, the barrier weighs only 1/2 pound per st yard. It is very resistant to ultraviolet light and biological and chemical degrad often encountered in exterior applications. The body of the barr/er is 95% solid an porous. This allows a functional amount of transparency while moderating the force on the structure. In simulated 100-mph laboratory wind tests, the ba restricted through-flow of air to 3-mph. In use, the barrier will deflect a precalculated amount to allow decelerat. ion, rathe: an abrupt stop, of an impacting missile. The deflection (see table) gives the b tremendous ability to stop potentially damaging flying debris. The barrier also dissipates impact energy rather than damaging the structure. Impact Test (34 mph missle) Span Deflection 6' 4.9" 8' 6.2" 10' 8.5" 12.5' 10.25" Deflection Tests t~tndload Test (12.5' Screen) PSF Equiv. Windspeed Deflecti, 35 120-mph 14.64" 45 135-mph 16.24" 60 145-mph 19.04" 90 185-mph 20.64" In tests at the Hurricane Test Laboratory, an independent certified testing facili~ weakening was found in the barrier or anchors after completing the code required The barrier was then subjected to more stringent windload and impact testing. ~ b testing was curtailed for safety reasons before the maximum strength of the berrie attained.2 All specifications are subject to change without notice. IAf~er the impact test, Metro-Dade requires a 671-cycle windload test to ascertain the barrier has maintained its SBCCI, the building code covering most of the southern states, has suggested a substantially more strenuous windload test. To date, Armor Screen is the only wind protection device ihat has been able to pass this test. 2The code required 34-mph impact was met without damage. The intention was to continue to failure, but for safe~ the test was maximized at 56.6-mph by the Hurricane Test Laboratory. Although. the barrier did not show weakening, was had for the integrity of the air cannon and danger from rebounds of the 9-pound missile. Design-calculations indi barrier should withstand impact testing at windspeed equivalents g~eater than 150-mot and appr_oac.hing 200- AGENDA ffEM No. /r3 / ~'; / SEP 12 2O00 AC~NITA J,TEM SEP 12 2000 SEP 12 2000 .... P~. 1~ , Exeter Architectural Products 243 W~t E'..ghm Storm Shield Hurricane Barrier Quote Proposal t~miect: BAKRON COLLIER HIGH SCHOOL Ref. No. Date: Artn: JIM VON R. INTELN Castomer: EMERGENCY M_~NAG EMENT COURTHOUSE COMPLEX 330~ TAM1AMI TRAIlL EAST NAPLES, FL 34112 Fax: H~PIO41400 IR 4/25/00 9,4 ~, -774-8444 941 Window M.O, Barriers Widlh Height TYPE A 14 I4 78 00 38.00 No~es: - Storm Shietd Side-Hinged [..mmcane Bamer System - Face mount application - Price does not incrude any Florida state or local ta.~es or permits - for terrns see las~ sheet Material Totals Moanting Tubes Installation Packing & Fr~ighl Total 14 14 $5,834.52 $1,023.$0 ~3,457.9Z 5448.52 $10,764.46 Pattern: Ins~a.~-Per~ #~ 14 Ga, T~ckne,ss Frame Color: Standard Perf, Color:. Black Suede SEP 1 2 2000 M GENERAL !To~ Track: Fabricated 'from 6053-T§ ~,xr..ruded aluminum, mJnhnum wail [hickhess d~ ,095". ~Siil Trac~: Fabricated ~rom 6063-T5 extruded aluminum, minimum wait ~hickness of .125". ~arr~er P~nei: [nfill constructed o~ peterarea 14 g~. miil-galvannealed stee~ or an .3~tionai 300 series stainless ste~, secured to ~n ~iuminum frame. Ths surFaired frame Js a deuOie hollow 6063-T5 extruded aluminum sl~aDe wi:h ~ ,~inimur wall t~c~r, ess o~ .080". Micered, welded a~d fi~ed with a~mmum keys a~ corners for 3ddi~ic~ai H~reware: A~I o~er hardware c~moon~n[s, Le. pivot a~d locking pins are supplied in ru~ ~ni~ibiting stainless steel or aiumir, um :}msl]: Weather resistan[ elec~ro-coatea powder fin~s.hes, ~s well as, ;~ign teen 5aked en ii~ule caa~in~s. Standard ~otors include bronze, white or clear anodized aluminum. Cds~om c~ors aveliable. Warranzv on finish one year. }perezran: Ouring hurricane w~rning periods, the barrier (si m[lst be lec:~ed into place wKh f~ur push eins. The 8anama a~ Spill Sash s~tles mus~ be in ~e cms.ed position and Iocke~ w~ pins. L~cks: SecunW docks availa~e, At~ STORM SHIELD Hurricane Barriers are engineered and installed ~o c~mpiy wi~h ~he latest Sou~ Florida Dado Coun~ Coee. SBCCL ~nd Texas OepL of Insurance reqQireme~s. Call 80~972-2478 for comptete archJ~ac:urai 3352 S.E. Court Drive S~art, FL 34997 888-393-8373 Fax: 561-283-0058 800-972-2478 Fax: 570-693-2575 I www. stormshieid.net J A~3E NVA R'EM No. lt',~/ IC'J j SEP 12 2000 BuyLine 9d PRODUCT UNIQUENEE · . . Severe Weather Protection You Can ~.!~ i~.': '~:i~;: STORM SHIELD'S state.-of-thu-ar~ InvisiPerf barrier ~%.~-[em ~s designe~ for maximum pant comfo~ Inm~ive researc~ ~cies in visual 0arcep~en have ena~ie~ ~emr~o ~evel- op a unique ~a~emed system ~a[ fea~res pro,ecru your prope~ wit~ou[ obs[ruc:mg EXTERIOR VIEW INTERIOR VIEW The photos ~3etow are of-3 cafeteria at a maior Miami medical c~r,,ter and a cost'el resictence in S[uarL Rorida. STORM SHIELD'S invisibility allows the room ,:o be [iDht. a~ry and corn~ forteDie. STORM SHIFJ~ also ac= as an energy sa~ng ~evice Qy reflecting 50% of ~e ~dn's harmh~l ultraviolet ray-", anti diminishes unwarr[eu soiar heat gain. M SHIELD HU C_ANE BAr R E S EXTERIOR VIEW INTERIOR VIEW MANAGE PROTECT VALUABLE ~'OUR C~ISlS ASSETS TIME · STORM SHIELD '~ tect, 365 days a ve~.r, {inst~lling an~ cto~ng ~,~urric: you can be :;efp~nq others. ;you do bast. :Mhen [insi~ on STORM SHIELD. } protec%:icn for doo~ ano wi~ STOF ~ PROTECTING 'FHC :~::e, on duty and ready to pro-! Jay. Wily waste vatuable tfme~ 3utters styour faciliW, wt~en~ atl, helpin~ others ~s what: :ecify hurricane pro~eclion st sensible severe weemet HIELD, JHO HELP OTHERS SEP 12 2000 AGENQA I~EM No. IL,~ / g~ ~ SEP 12 2000 A(~EN6~L~EM SEP 12 Project 1.,~}cation {.Fuily defer:be [he Iotadon of ~e proposed Site i Desc~be the physical io~ion of ~:s pro~ect. i:~ctu~ng street numbers ~.m' neighborhoods) ~d if available, pierose provide precise longitude aml ht~.hude or)ordinates for d~e she utiiiz:ng positioning sysmm (GPS) unit or the equiva.iem, 2. is the project site scaw'~d of the Coastal Construction Control Line t CCC[4? [] YES 7~,, ~O 3. Provide :he number of ¢.'.w~ structure project. That is, a//strucaures in project __ residerolM property businesses /commercial property .............. 'j: ...................public buildings ..............schools / hospitals: houses of worsi~ip {:}tiler B, Flood Insurance Rate Map 1.FIRM) showing [h-picot Site A[[ach a copy of .2qe FIRM map, a copy of ~.he p:mel infotarelton from the ["[RM, and, ii' available, tht: Map. FIR)I mars am requ~edJbr th& application (if ~ublighed fi~r your area), Also, all t~acl, ed maps have the pn~ject site a~ sinletups clearly ~rA*d on t8e tfl~. FIRMs are typicgiy ovaliable from your hx:al floodplain administrator wbm may be l~atud in a phnmng, zoning, or engineering [>ffice. Maps ~::m also be ordered from the Map Service Cemer at 1-8(~-358..96t6, For more in/'om~mon abou~ FIRMs. cuntact uour agencies or vis'it the FIRM site on the FEMA Web. page at ~ttp://w~v.fema,gq~(~.5~?~:(.}:~:}~.[j~?~rS~k]pp~;~L using the I:qRM, determine th~ flood zt>nc~s; of the p.mjec! site (Check al: zones in the project aren't, tsee FIRM leg~md fi)r illrod zone e,rph'mations} VE or V 1-30 ~ AE or A 1-30 ~m AO or All U A ~'no base flood elevation gi,,cm} J~ B or X (sivadeal) I-1 C or X (~mshatled) [] Floodway [] Coastal Barrier Resforce Ac,· (CBRA) Zolle (Federal regulations strmtly litnit Federal fimding projects in .',his Zone; please coordi~mte wi~ your state agency before submitting an applic:mon for CBRA gone project) k.-i tf the FIRM Map for your area is not published, please attaci~ a copy of ~e Flood Hazard Boundary ~FHBM) for your area, with the project site and structures clearly marked on the map C. City or County Map with Project Site and Photographs At'tach a copy of a city or county so;de map ;large enough to show the entire project area} witit fi~e pmi¢ct ~;ile :red structures marked on t/m map. Attach a USGS 1:24,000 mpo map with project site clearly marked oft the map, For acquisition or elevation projects. inciudc copy of Parcel Map (Tax .Map, Pr, opcr~.- ldentificatkm Map. etc.) show/rig each properrs,, m be acquired, The :nap should include the Tax ID numbers for e;tca parcel, if possible. [] A.:mch photographs ¢2 copies each.) far each prq}ect site. The photographs should be rcpreser..tanve of the pr011ec;. are:t, ~,nchlding any relevant streams, creeks, riYers, etc, trod drainage :tress wlfich affect the [)rojec~ site m' wit;' be Attach any continuations or additional items to this page AGENDAlYE, SEP 12 2O0 :FIRM INSURANCE RATE MAP I A(~.NEIA ITEI~ ~ SEP 1~ wY IKEC~E~ CP~IMERC1AL INDUSTRIAL j & C BLVD ~ATION BLVD: CORPOR ..........................',~,'~ )ODS · .C'LU B .JIB AtrT WYC o~ha~C~SOM 1~ ~ FARMS FOUNTAIN VIEW~ ~o..~.,. ~,~.NORTH~~~...~wo~,. NAPLES :LPINES 12 i::o:t l'Lar HS LIVINGSTON WO .cIps BCJT TLEB~USH LIVINGSTON PINE SEE MAP NO. 106 inn AGEND~.kTEM No. ,//~/~t I SEP 12 2000 :,,J i..::.'i: PU~:~ iC C 0 U :r4 T'F ~Ifec£ed })y the project, Section I'V, Budget/Costs In t:b~s secti(~, ;:rovide demiis of all the esdma~.ed costs of .*3e project. ,-Xs this infonz~atmn is t~sed .':,br the Benefit. C<~st .A~i;iiysis, reaso~.:;ole cost estimates are essential. Since projec~ admin.istraLi~e costs art: calculated on a slitling scale, do ~utt it:c!aoc eileen tn ..'.i~c budget. A/so, do not include contingency costs in thz budget. ~. Maleria~ Dimension Quantity .(,2~__{t..]._~ezs__Of_t~.tl.~Cost Labor t,[nclude equipment costs .-- please indicate all "soft=' or in-kind ma[ches.} ..D..p!~ (i !~ ~! i :.~ Hours Rate Q> s t C. Fees Paid {nctudc a~tv other costs associated with the project. Dc,~'cr~z,ion ¢/" li~sk Hour.:' Rate Total .Estimated Project Cost Attach any continuations or additional items to this page AGENDA I,TE[ No. /t".,./.~") I 2 :,oo D. Funding Sources (round figures to the nearest dollar) The maximum FEMA share for HMGP/FMA projects is 75%. The other 25 % can be made up of State and Local funds as well as jllc..kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5 % of the total project ~. HMGP/FMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose ,.~r Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match. Estimated FEMA Share % of Total (maximum of 75%) Non-Federal Share Estimated Local Share Planning & Coordination $ $ 2.bU0. % of Total (Cash) % of Total (In-kind) 2'5'%0 of Total (in-kind) Estimated State Share $ __% of Total (Cash) $ __% of Total (In-kind) Other Agency Share $ (Identify Other Non-Federal Agency Total Funding sources from above $ Other Non-FEMA Federal Funds $ (Identify Other Federal Agency ) (Do not include in total) % of Total __Total % (should equal 100%) ) E. Project Milestones ..~List the major milestones in this project by providing an estimated time-line for the critical activities. _,~ilestone [e.g., Demolition of 6 structures and removal of debris Number qf Davs to Complete 14 days] If approved materials and installation can be accomplished in accordance with HMGP guidelines. Attach any continuations or additional items to this page ' AGENDA.L~'EM .o./_a/ SEP 1 2 2000 Section V. Envirormlental Review (NOTE: This application caJlnOt be processed tf tht.~' ~'ection i.~' m, comptetea'. ) Bcx::tuse ':he ttMGP"FMA are l~derallv fi:.nded programs, nil prellerrs xr¢ required ~o iredergo an environmental review :...,.: part grant ~pptication process. Moreover, :all projects must comply w,.[l~ du: Nat:{;ha: Fmvironmemai Policy :~c: ~NEP),) and associaa:t Federal. State, Tribal. and Loc:d s~atutes to obtain funding. NO WORK can be done prior m the NEPA review process. If is done tm your pr{,posed project heft,re the NEPA review is completed. if will NOT be eligible fi}r Federal funding. Nadonal Fmvironmcntal Policy Act (NEPA)1.3ocumem.s .. ,. ,~ro;ec'ts t~utsl have ade. qta~e NEPA doct~tetu~ion tt~t e,~b&~r zhe FE;kL4 Rejfiontd Envtronmenta! f~icer ;o deJe.nnine ~1 ;he ,~romoxcr yrte~ec: compiiex with NEPA and ~sm:~r~ed ~mrutes. The FEMA Mitigt~on DivLrio~ &n.'~romnentai Speciai~st.s pm~';~de cornpre~enxrv~ .&~igt Iechnicgff ~rrmce ]br St~ex ~d Appficxmr& with their co~ent, w cometere the NETS4 revimv. ]he (vpe a~ quanriO, of NEP: &)c'~wnts required to r~ th~s c~,te~nbmtion vanes depending upon Ihe project's .nze, [oc&'ion, and complexity. However. mirarotan, pte~e promde the applicable r~c~ne~ion ~om ~his sermon to facifita~e lhe .VKP,~ c'omplia~u:e p~cesx. tryout project fi~, iuto one of {he descriptions listed butow: development of mili~tion plan.x; iP~sl>ection '.red monitoring activities; studies involving only s~aff time and funding: ~raimng activities using existing facilities: pieaxe include the following required NFiPA documentatwn: ~.~ Derailed projec~ description. scope of work, and budget/costs &S~c[ion II (p..3~ m~d Sacram [v ~p. ,I}~ F?~r all other projects, attach/include the following Nb.?PA documents/information: De{ruled project description. ;,cope of work, and budgetTcoscs {Section 1I Ip. 313 and Section IV ~p.. 5'> o1: this apl,iicam:~ Pro!cot arc:~ maps (Section II[, par.'. A & B (:f this apptican;m (p. 43). Project arex. ~truc.:u.re photographs (Section [It, part C of tt~is application ~p. 4).), Project alternatives descrop{kin anti impacts {part B (:,;" thi,~ scclJoFl of the application Ipp. 7-9)). A ietter from the State Historic Preservation Officer (SHPO) regarding cultural resourc.,.'s (:~rcheoiogmal and historic the project area (NO'I3.'.: Pler~'e info~n :he SHPO if a .':truerare to be altered is over 5(I years old. ? Provi'~ m~y applicaMe information or dc~:umentation referenced on the ~Information t~M Documetuation :Veec~s by [Jroje Type" cha~ {page lO of this application) C ,\l£cmative Actions '[.'Im NEPA process requ::rcs t~at at least two altemauve :mti().ns be considered that address the same proMera/issue as prqject. [n t. hi.s section, lis't two feasible alternative projects to mitigam the kd~ards faced in the project area. One alternam the "No Action A.ltemafiYe." l. No Action ,,~dternative Discuss ',he impacts on the prt~ect area i.[ no acUnn ~s taken. ,p;.xrtia'!,lf [:re, tee'tin(.'. {.hi:c, rshe].ter x['~:~ r*'x¢ p,:,tinr. ia'l. ~fai].ure of Attach any continuations or additional items to this page AGENDA kTEM No. /t'2,/.~'l I SEP 12 200C B. ,~Llternative Actions (continued) I. Other Feasible AlternatiYe Disc~s a feasible alternative to ~e proposed project. This could Ix: an entirely differera mitig~uon method or a modi~%ation to ,.he design of the current proposed project, Comp:,ete a/l ~f parts a-e {,~ow) and mziude engineerin applicable). a. Project D~eriptien for the Alternative Describe, ;.n detail, ~e alternative project. Also, exptain how the MlernatJve project will solve the proble: provide protection from the hazard(s). The most feasible alternative to dfis 'proposal would be to have a rolldown steel or aluminum shutter manut?actured and installed. This type of entrance/exit and window protection is considered equi~'alent protection to that which is proposed. Project Location of the .adternative ('describe briefly) [] Attach a map or diagram showing the alternative site in relation to the proposed project site Photographs (2 copies) of alternative site c. Scope of'Work for Alternative Project The scope ofd~is alternative would include; fourteen (4'x 3'), 4-large ('l()"x 20"), and 1 (I0'xS') rolldown type shutters systems, engineered and instal led. Estimated cost t';or this alternative is approximately $56,000. Attach any continuations or .additional Items to this page A~ND~A R'EM SEP 12 2flO0 B..Mternative .actions (continued) Impacts of .Mtemmtive Project Below, de, sea.as be impsex of {Kls alternative on rile pr0jeCl area. [nciude conmznts on ~hese issues a~ appropn:~ F..nvironmen~al Justice, Endmlgered Species, Wetlands, Hydrology (Upstre',~n ;red, Dm~strearn surface [mpac=l, Ftoodplaim' Floodway, Historic Prese,watlon and Hazardous Materials. I'he impacts of Lifts alternative are: -Greater cost -Negative aesthetics -.Less emergency egress (this is our primary Special Needs Shelter) e. Estimated Budget'Costs for Alternative Project In this seeSore provide details of all the estimated costs of h~e alternative project (romzd figures to Lhe nearest dollar). 1. MateriaLs / Item Dimer. rion Quantity Cost ' " $6" ., Imbor (Iacludc equipment costs -- please indicate all "soft' or in-kind matches) Description ~.~...o...u._rf Rate Fees Paid Include any other costs associated with the project. Dm, c,nption of Ta.~k Hours Rate Attach any continuations or additional items to this page SEP 12; Total Estimated $ 3J56.000.00 ..... lh'oj e r ! Attach any continuations or additional items to this page AG!~N O.~-E,M SEP 1 2 200{ pg.~.~--) ,.i A(3ENBA I'~ SEP 12 2~ 'l'hc signing official for Collier Coumy Fkmida is th¢~£:hamnan of ~.he Board of Commissioners. Due, to the recent Wildtim emergency(April 8- 14')in Collier Coumv, many of the normal agenda items were postponed, Section VL Ma:intenance ,.X grot'me,hi was one o'f the items postponed, and :is a result has not been signed. N(mnal. ly these agreements are signed by the Bo~u'd as a mam:r of routine. and I, ;mticipale no problem in gaining their approval and signature fi.>r this project. I anticipate that ,'::his applicatioa will be signed at the May ': 2000 m~:eting o,{' the BCC2 AGENDA I~!~EM SEP 12 2000 Section VI. Maintenance Agreement All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting their application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The Count~ of Collier , State of Florida, hereby agrees that ( C't .ty, I~wn, County) if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited ~to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, andstorm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is t,o make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee s acceptance of these responsibilities. It does not replace, supercede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by Timothy J. Constantine (printed or typed name of signing official) Chair~ Collier County Board of County Commissioners (title) the duly authorized representative this (day) of (month), (year). Signature* *Please note: The above signature most be by an individual with legal signing authority for the respective local government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) Attach any continuations or additional items to this page AGENDA IIEI~ No.! SEP200( Benefit-Cost Worksheet for Shelter Retrofit.Projects (Thi~ Section M-UST be Completed) AGENI3A 11[EM SEP 12 2000 G. Vatue of Pulbltc Non. Profit Service E.:,-,-,-,-,-,-,-,-~angPmgasec~ H. Ro~ and Bu~ lac, ome To~ Marm'W l~nt from all Tenar~ (~/man~) Net Income ot C, ammerciad Eiumrm~se~ (,T/mor~) I:~.locat~n Time Due to Projec~ During Occui3arrt Retocadcm SEP 12 20( IL Bulldh~g Ditto F~r ~m F~lowing Ent.~ the Square Feet for ~e Applt ,~e ~ F.c~/ H~ Evacuatl~ $114~ter (HE5) D. I~11dlng Value E. ~lrlg Gom~l~l TotIt Via O( C, onlmnlm F. O~tacement Ca, am Due t= Wind Evmcu.l~m C=mm - ~utk3~ng boo :l. A(~END~K' ITEM, No. /(~/~' II SEP 1 2 2000 ?.,... STATE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM (HMGP) FLOOD MITIGATION ASSISTANCE (FMA) Application THIS SECTION FOR STATE USE ONLY FEMA- -DR-FL__ [] Standard HMGP [] Standard FMA [] 5% Initiative Application [] Application Complete~ [] Initial Submission or [] Resubmission Project Type(s) [] Wind [] Flood []Recognized Indian Tribe or Tribal Organization [] Other Support Documents [] Conforms with State 409 Plan [] In Declared Area [] Statewide Eligible Applicant [] State or Local Government [] Private Non-Profit (Tax ID Received) Community NFIP Status: (Ct~ec~ all that apply) [] Participating Community ID #: [] In Good Standing [] Non-Participating State Application ID State Reviewer [] CRS Reviewer Phone # Reviewer Fax # Reviewer Email: Date Application Received Signed Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) an, Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269. A. To Fill Out This Application: complete all sections which correspond with the type of proposed project General Application Sections: Environmental Review: Maintenance Agreement: Acquisition Worksheet: Elevation Worksheet: Drainage Worksheet: Wind Retrofit Worksheet: Attachment A: Attachment B: pp. 1-6: All Applicants must complete these sections pp. 7-10: All Applicants must complete these sections p. 11: Any applications involving public property, public ownership, or management of property pp. 12-14: Acquisition Projects only -- one worksheet per structure pp. 15-19: Elevation Projects only -- one worksheet per structure p. 20: Drainage Projects only pp. 21-22: Wind retrofit projects only (HMGP only) - one worksheet per structure FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable. HMGP/FMA Application Completeness Checklist: All applicants are recommended to complete this checklist B. Applicant Information FEMA- -DR-FL Disaster name Ex.~ FEMA-1300-DR-FL: Hurricane Floyd Title / Brief Descriptive Project Summary Hurricane Shelter Retrofit - Gulf Coast High School I. Applicant (Organization) Collier County Emergency Management 2. Applicant Type [] State or Local Government [] Recognized Native American Tribe 3. County Collier [] Private Non-Profit Congressional District(s) 14- Goss (*if your FIPS code is not known, please fill out FEMA Form 90-49 No.AOENDA II'EM ISEP State Legislative district(s) Sen 25/HS-76 Federal Tax I.D. Number FIPS Code* 59-6000558 Attach any continuations or additional items to this page 2000 STATE OF FLORIDA o 9. 10. HAZARD MITIGATION GRANT PROGRAM (HMGP) FLOOD MITIGATION ASSISTANCE (FMA) Application (Attachment A) so that the Department may obtain a FIPS code for you) National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map for your area) 120067 NFIP Community Rating System Class Number 7 Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number Point of Contact EIMs. I~IMr. ElMrs. First Name Jim Last Name Title Emergency Management Coordinator Street Address 3301Tamiami Trail East , Building F City Naples Telephone (941) 774-8444/891l Email Address (if available) vonrl@worldnet.att.net 11. Application Prepared by: F1Ms. IZlMr. r-lMrs. First Name -SAME- Last von Rinteln State FL Zip Code 34112 Fax (941) 775-8005 Title Telephone Fax 12. Authorized Applicant Agent (proof of authorizatt'on authority required) ElMs. [XIr. ElMrs. First Name Timothy J. Last Name Constantine Title Chair, of the Board of Coun(y Commissioners Telephone (941) 774-8393 Fax (941)774-3602 Street Address 3301 Tamiami Trail, East, Building F, 2d Floor City Naples State FL Zip Code 34112 Signature Date 13. All proposed projects should be included in the county's Local Mitigation Strategy (LMS), please attach a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. ,-~r,-¢-,- "~cfion I. History of Hazards / Damages in the Area to be Protected -,;-, ~,,,- A. Overview of Past Damages _L J_.. - ........ Describe all past damages from hazardous events in the project area (include name of storm, if applicable), including direc and indirect costs. Include Presidentially declared disasters as well as events that did not result in a Presidential declaration. Attach any supporting documents. Direct costs should include damages to structures and infrastructure in the project area as a result of the hazard. Indirect costs should include the cost to the local government to respond to victims o! the hazard in the project area, any interruption to local businesses, and losses of public services (3 examples are provided for your reference). Date Frequency of Event Damages ($) Indirect costs (describe) 1992 Hurricane Andrew $48 mil $15 mil 1993 Storm of Century $1 mil $100 k 1996 TS Josephine $500 k $100 k 1997 E Naples Tornado $300 k $100 k 97-98 E1 Nino Events $6 mil $200 k 1999 TS Harvey $400 k $50 k 1999 Hurricane Irene $50 k $47 k 2000 Wildfires $1 mil $500 k Attach any continuations or additional it. ma to this pago SEP 1 2 2 HURRi'CANES-TROPICAL STOFm%tS COMING W'?THiN 05NM OF NAPLES, FLORIDA ~BRUARY ~RCH ........ JUL~ - t - - 2 ~ 1 AUGUST I OCTOBER 6 5 9 2 0 A~NQA April '~ .l.)epartn,,ent of' Comm unity Ai'"l'airs D i vi sion o i' Emergency Management 1255.'5.-. Shtmmrd Oak Blvd [':~Ilahassee. FL 3'; '399-2149 P,.e: l..~ttcr ~)l"t:.ndorscmcnt (or '"" i ' ~ Ru4t. hi of Gulf C.'oast t-[i~ah School under t. he I-'IMGP have reviewed :he subject retrotit proposal ibr the (}ulF Coast ('.'oilit'r High School and find it in kceoint: with the ~ 40 ' ' ,, ,,,.,,,.t.i Mitigation Strategy I..~, .ntx:.~; and intent ,.)fthe (.'oilier {]'OL:ult): ~ ~ (iiult' t'.'c,a.s[ l..fi~zl': School is in the tipsiest 2rowin,, part of the N:tples area t'. I t. oh tt:r County F'lorida.. ,;ks such. it is rated. ;..is a top priority in our LMS. you should hav'e any questions on this please contact me at i94i) 774-8(~ I. 1/84,44. I"hank you ..... ..... -'~:.~ ...... ..,....e.;~:' ¥. ;.,,,-~::~..,.,., K.~q,.pt.e.~ h 1':', Pineau, C E M CoLlier C'cmnty, ~.o<~d Mitigation Strategy Coordi!l;ator A(~EN[3& I;I'EM SEP 12 2000 r! Section [I. Proje~ Description Hazards to be 'rvtitiga~i / Level of Protection t. $¢iect ~he type of hazards the proposed proj~t will midgau:: [] Flood X~ Wind [] Storm surge [] Other (l.ist~ Identify the .type of proposed project: [] Elevation and retrofitting of rcsidtmtiat or uon-rcsidcmtial structure [] Acquisition and relocation[] Acquisition and 'demolition X~ Wind retrofit [] Minor drainage project that reduces localized flooding ~ Other (pte. asc explain) 3, I.[st il~e total number of persore ttmt will be pmtecmd by the proposed project: ~;)0-- Fill in the level of prmecdon and the magnimdc o~' =vcmt the proposed project will rmtigatc. (e.g. 23 structures protected against the 10P-year (I %) flood) _~_ structures proleered against the ..... -year ~00d (to, zs, 50. 100, or 500 ~.ar) I. structures protcc~d against .~.~0_ .....mile per hour (mph) winds 5. Engineeredprojectz only (e.g. Drainage Improvements), include (attach to this page) ~kLL engineering calculadom~ and d~sign pIam used to determine the above level of protecuon. 6. Project will prm4de protection against the ha:m~(s) above for .2._}__. years (i.e., what is the useful life of it B. Project Description, Smpe of Work~'imd Protection Provided Describe, in detail, the existing problem, the proposed project, and the scope of work. ExplaJat ~ow the proposed proje will sotv~ the problem(s) and provide tb~ Icyel(s) of protection described in Part A..~dso, if available, attach a vendor' :samate amcl/or a manrracror's bid for the scope of work. The proposed pro. jeer entails purchasing and installing hurricm~e protection for the Gulf Coast High Schoot gymnasium entrances located at 7878 Immokalee Road, Naples FL. 34t 09. 'Vim project will solve the problem(s) assc,,"iated with the three entrance/exit ways to the gymnasium building wlfich has square feet of shelter space (,room for 400 people), Currently, these areas are prone to high winds 'and debris which are carried by these high wind. Protection of these areas will greatly enhance this County she[ter's capacity. The protection system v,411 consist of three Armor Screen sections which are engineered to meet Miami-Dade standards .and the Southern Building Code Congress International, 12-97. The screen systems will be custom designed and engineered to protect the three entranceways as depicted. in the attached schematics and specifications. Attach any continuations or additional items to this page AGENDA tTEM .o. SEP 12 2000 CUSTOMER NAME CONTRACTOR NAME BILLING ADDRESS 900 INDUSTRIAL BOULEVARD NAPLES, FLORIDA 34104-3612 NAPLES 261-3581 FT. MYERS 4,89.3581 FAX 261.7,499 ~OB NO. OUST. NO. PROJECTED INSTALL COMPLETED DATE .~pr&2 II, 2000 JOB ADDRESS Jim VonRin=eln CONTACT PERSON PHONE: JOB PHONE: 774-891! .APPROXIMATE DELIVERY AI~'ER REDE!PT OF DEPOSIT PRODUCT CODE__ Wepro~osetofurnish~ndinstailthefollowing: Gulf Coast High ~chool Fron= Zn=r&nce 35' without door 6037.50 39' Wi~h Door (Wh£~.) Courtyard Bn=ra~¢s 21' Without Door ~732.50 14' With door I IIIII I OTAL ~DEPOSIT Customer must prowde clear access for installation. Permits. eiectr~cal or custom engineering are NOT included in price quotedJ Are other products [o be coordinated with this order? YES ;~ NO '.7; Describe: EXECUTED THIS PURCHASER BALANCE DUE WHEN INSTALLED PLEASE NOTE: Deposit required at '~ime ot order. Balance rnus~ be ~aid when Prmes quoted are valid for 30 ..... DAY .19 ...... SELLER: SUNMASTER OF NAPLES, INC. ACCEPTANCE SUBJECT TO MANAGEMENT APPROVAL CONTRACT SUBJECT TO ADDITIONAL TERMS ON REVERSE SIDE "~!UYER$ RIGHT TO CANCEL" This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by pro~ written notice to ~e seller in person, by telegram, or by mail, This notice must indica[e tha~ you do not want the (_ or services and must be delivered or poe[marked before midnight of the third business ~ay after you sign this agree If you cancel tt~is agreement, ~he seller may not keep all or part of any casl~ down payment, ALL CHECKS PAYABLE TO: SUNMASTER A D I SEP 1 2'2000 SUNMASTER OF NAPLES, INC. EVERYTHING FOR WINDOWS...INStDE & OUT 900 industrial Boulevard Naples, Florida 34104-3612 (941) 261-3581 Fax (941) 261-7499 CXLCUU, m~ eY. SUNMASTER OF NAPLES, INC. EVERYTHING FOR WINDOWS..JNS~DE & QUT 900 Industrial Boulevard N.~,o~es. Ftorlda 34104-3612 (941) 261-3581 Fax (941) 261-7499 CF SEP 1 2 2000 AgENDAI~EM No. !r_,~r,.?? ~ SEP 12 2000 Description ~he ,.x,- ....,r qc....,~ barrier is a significant advance over shutters. When alh)',~'-ibili~v ~.'m within and Iighr into the sn~lcturc. It's ~ flexible wind :~barem :,mpu,otecti,~n -:-:stem designed to be e~mi].v installed. ro fold and store compa,. and: :quire no maintenance while stored for extended. periods. Extremely tough and very lightweight, the barrier weighs only [/2 pound per sqt yard. It is very resistant to ultraviolet light and biological and chemical of~.en encountered in exterior applications. The body of the barrier is 95~!q solid and porous. This allows a fimctional amount or7 transparency while moderating the force on the structure. In simulated 100-mph laboratory wind tests, the bar; restricted through-flow of air to 3-mph. in use. the barrier will deflect a precaiculated amount to allow deceterarion, rather an abrupt stop, of an impacting missile. The deflection. (see tabte~, gives the bm tremendous abili~ to stop potentially damsgins flying debris. The barrier also dissipates impact energy rather than damaging the structure. hnpact Text ,3z mph missle~ Span Deflection ',()' 8.5" 12.5' 10,25" Deflection Tests D'indload Text I[ '2.5' Scret::~} Equiv. Windspeed Detlecrio~: 35 120-mph 1 45 [ 35-mph 1,3.24" 60 [ 45-mph [ 9.04" 90 185-mph In tests at the Hurricane. Fest [.aboratory, a'n i.ndepe'ndent certified testing ~hcitirv weakening was tbund i~: ' ~e bagier or anchors after completing the code required [t The b~:: her was then su~' :c'ed to more sn'ingent windload m~d impact testing.~ ism r~,~,.tn:¢ 'as cur~a~ze~t ,,c ~ , {/~ :v reasons b~?bre the m~rimum strength oJ' fi~e barrier '\11 specitic...~m:, .',re subiet,.[ to cidrage w~uat notice. ~ [fter tim ~:.npact test. Mem)-Uade requ,res a 671--cycle windloati test to ~sc~ain the hamer ires maintained il.$ mr, S'BCCI, ~he building code c :, cnng r:~e~.: >~' the som~m states. hms suggested a subsqantinlly more strenuous 0,001)~yci windload: :t. ro date. 5 or Scree~ the on[5' wiml protection device that has been able to pass this test. ZThe :,,~ :e rgquired 3~:~mpact wa: :r without ~Imge. The :m:ention was u> continue to t~ilure. bm f~}r sai~ty :~ the :cr~ 'vns maximix 6.o-mph by i. Hurrica~m "[~xt Laboratory. Although ~hc hamer clid n,t show weukenin~, cc w:~:: ;x:xt Ik)r file integrl~e air c:mno~: .:rid danger'from rebomlds o[' the q-pound m~zsile. Design calculations italics barri.er shtmld will impact timting at win~sp~d equi~alenk~ greater than 15~mph and approaching 2O0-m ' AGENt GEM No. ~/F/I SEP 2 A(3ENDA,tTEM No. /~,~} ~ SEP 12 2000 S£P 12 2000 Section [II. A. ProjecI Location (Futly describe the location of the proposed pro.~ec:. ) Site Descr/be abe p~aysic.x/ ~ocar/on ef this projem,-mcluding stree'. numbers i,or nei~borh~mds~ and zJp cod:s; if available. please provide precise tongRude ;red latitude coord~.nates for he. s~.te utilizing ;t i],'md.-held gLob~ positioamg system (GP$) unu or the equiva/ent. 2. Is the proice,~ site seaward of the Coastal Construction Control .tone (CCCL)? f-] YES ~ NO 3. Provide ~e number of each structure type (listed below) i.n the projem area that will ~ aYfecred by the proj~I. Tha~ Ls, a// structures m project area, __ residmatial property. __ businesses / commerciai property 1 . .public buildings .....................schools / hospitals / houses of worship other B. Flood Insurance Rate Map (IVI.R?ff) showing Project Site Attach a copy or' the FIRM map, a copy of the panel information fram the FIRM, and, if available, the. b7oodwa? Map, FIRM tnaps are required for this application (if published for your area). ~Llso, all attached maps must ha~e the project si~e and structures clearly mar~d on the map, FIRMs are wpically available from your ltx:ai flc~ciplain adrmnisrrator who may be located in a planning, zoning, or engineering office. Maps can aiso be ordered from the Map Service Center aI i..8OOG58~9616. For more information a[mm FIRMs, can,,act your [oca~ agcmcics or visit the FIRM sire on the FEMA Web-page at ~ttp://www.fema.gov/lmme/MSC/hardcop2~:..l_[.ti~ Using the FIRM, determine the flood zane(s~ of the projec~ site (Check 'all zones in the pro]ec~ area), (see FIRM legend for flood zone cxpL'mations) VE or V 1-30 [] AE or A 1-30 ~ AO or ,,Lid [] A (no base flood elevation given) ~ B or X (shaded} [] C or X [] Yloodway [] Coastal Bamer Resource Act (CBRA) Zone (Fedemt regulations strictly Limit Federal funding for projeem in this Zone; please coordinat~ v~th your sta~ agency before submitting an applJca6on for ~ CBILA Zone proj~x:t) It the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Botmdary Ma (FHBM) for your area. vath the project site and structures clearly marked on the map C. City.' or Caumy Map with Project Site and l~aotographs Attach a copy of a city or county scale map (large enough to show the entire project area) with the project she and structures marked on the map. Attach a USGS 1:24,000 topo map wi~ project site clearly marked on the map, For acquisition or elevation projects, incJude copy of Parcel Map (Tax Map, Property Identification Map, etc.) showing each property to be acquired. 'Ehe map should include the Tax ID numbers for each parc=i. if possible. Attach any continuations or additional items to this page [3 Aaac~ photographs (2 copies each) for each pro/m: s.im. The photographs slmuld be representative of the prqicct area, including any relevant streams, creeks. rSvers, etc. :red drainage areas which affect the oroject site or will be SEP 12 2000 . .;:..?~.: . : ;:~::~::::.:: . ::::: :::::.':...:- : · ::. :.: ..:.-: ~: " ~ .-'-- . ' .... . ........ ..; ........ : .... FIRM FLOO0 INSURANCE RATE MAP c (.:) l_ L.. ['E R F"'L 0 R.I.DA I SEP 12 2000 11] ~ N :M~N.E L.AKi Wt K ,:ESTATES LONGSHORE LAKE 15 AV 22 AV NW 21 IMMOKALEE WOOOL~,NO 22 SEP 12 2000 ' AGENOA~TEM ~o. 1,'~'~ · -- ~,,' S~P~ ~ooo AO-~N DA'I~'EM No. /~,! SEP ~2 20~ :ANUARY ..... ~gRUAR~ ~RCH " - APRIL ~ - .. ~ _ .. JUNE t. - - JULY - - - UGU ST PTE MB E R .l OCTOBER 4 'NOVEMBER DECEMBER L3 I SEP"I 2 2000 affectexi by tim project. Section I~. Budget/Costs In this section, provide details of all tl~ estimated costs of the project. As this information is used for the BencftC-Cost Anal?sis, reasonable cost estimates are essential. Since project ~rim~n~.mmiw costs arc calculated on a stidin§ scale, do no~ include them in the budget. A. Materials / Labor Item 1 Front Entrance 2 Courtyard 1 Courtyard 2 Also, do not include conlingen~ costs in the budget. Dimension Quantity Cost per Unit Cost 39' 1 $6,728. $6,728. 25' 1 $2,062. $2,062. 14' 1 $1,115. $1,115. B. Labor (Include equipment costs -- please indicate all "soft" or in-k~nd matches) Description Hours Rate Cost C. Fees Paid Include any other costs associated with the project. Description of Task Hours Rate Cost Total Estimated Project Cost $ 9,96 ~. a0 . Attach any continuations or additional items to this page A SEP 1 2 2000 D. Funding Sources (round figures to the nearest dollar) The maximum FEMA share for HMGP/FMA projects is 75%. The other 25 5'0 can be made up of State and Local funds as well as ~,a~kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5 5'0 of the total project rs. HMGP/FMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose meir Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match. Estimated FEMA Share % of Total (maximum of 75 %) Non. Federal Share Estimated Local Share Planning & Coordination $ $"2,0u0. % of Total (Cash) % of Total (In-kind) ~ of Total (in-kind) Estimated State Share $ % of Total (Cash) $ __ % of Total (In-kind) Other Agency Share $ (Identify Other Non-Federal Agency Total Funding sources from above $ Other Non-FEMA Federal Funds $ (Identify Other Federal Agency % of Total ) __Total % (should equal 100%) (Do not include in total) ) E. Project Milestones ..-List the major milestones in this project by providing an estimated time-line for the critical activities. Milestone [e.g., Demolition of 6 structures and removal of debris Number of Days to Complete 14 days] If approved materials and installation can be accomplished in accordance with HMGP guidelines. Attach any continuations or additional items to this page S£P 12 2000 Section V. Environmental Review (NOTE: This application cannot be processed if this section is not completed.) Because the HMGPfFMA are federally fimded programa, all projects are required to undergo an environmental review as part of th grant application process. Moreover, all projects must comply with gac National Environmental Policy Act (NEPA) and associatr - Federal, State, Tribal, and Local statutes to obtain funding. NO WORI~ t~n be done prior to the NEPA review process. If ,n is done on your proposed project before the N-EPA review is completed, it will NOT be eligible for Federal funding. I. National Eavironm~nml Policy Act (NEPA) Documents All projects must have adequate NEPA document~ that enables the FEMA Regional Environmemal Officer to determine if the propos~ project complies with NEPA and associated statutes. The FEMA Mitigation Division Environmental Specialists provide comprehensi~ NEPA technienl assistance for States and ApplEams, with their consent, to complete the NEPA review. The type and quantity of NEP documents required to make this determination varies depending upon the project's size, location, and complexity. However, at minimum, please provide the applicable documentalion from this seation to facilitate the NEPA compliance process. If your project ftt~ into one of the descriptions listed below: d~velopmcnt of mitigation platte; inspection and monitoring activities; studies involving only staff time and funding; training a~dvities ~ exi~!lg facilities; please include the following required 1VEPA documentation: [~ Dctailcd proice description, scope of work, and budgc~costs (Section II (p. 3) and Section IV (p. 4)) For all other projtcts, attach/include the following NEPA documents/'mformazion: Detailed proj~-'t descrip6on, scope of work, and budget/costs (Section rt (p. 3) and Section IV (p. 5) of this applicati~ Project area maps (Section HI, pan A & B of this application (p. 4)). Project area/slxucture photographs (Section m, part C of this application (p. 4)). Project alternatives.description and impacts (part B of this section of the application (pp. 7-9)). A letter from the Sram I-Fxstoric Preaervation Officer ($HPO) regarding cultural resources (amheological and historic) the project area (NOTE: Please irrform the SHPO if a structure to be altered is over 50 years old.) Provide any applicable information or documcatation referenced on the Winformation and Documentation Needs by Proj, 2),pc' chart (page 10 of this application) 2. Alternative Actions The NEPA process requires that at least two ai'm~uafivc actions be considered that address the same problemf~ssue as the propos project. In this sectinn, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternal~ is the 'No Action Alternative." 1. No Action Air.native Discu.~theimpac~onthcprojectarcaffnoactionistalmn. There are no environmental or historical issues that would be adversely affected by this alternative. The consequences of only partially protecting this shelter are the potintial failure of the structure and the loss of it as a shelter and the injury of anyone inside at the time. Attach any continuations or additional items to this page uo./a SEP 12 2000 Alternative Actions (continued) 2. Other Feasible Alternative Discuss a feasible alternative to tha proposed project. This could be an ~ntirely different mitigation nmthod or a sig~ modification to the de.sign of the curtain proposed project. Complete a//of parts a-e (below) and include engineering de applicable). NONE a. Project Description for the Alternative Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) provide protection from the The most feasible alternative to this proposal would be to have a rolldown steel or aluminum shutter manufactured and installed. This type of entrance/exit protection is considered equivalent protection to that which is proposed. b. Project Lo~'_ntlon of the Alternative (describe briefly) [] Attach a map or diagram showing the alternalive site in relation to the proposed project site [] Photographs (2 copies) of alternative site c. Scope of Work for ARer~_a~e Project The scope of this alternative would include five large (8'xl 9') rolldown type shutters systems, engineered and installed. Estimated cost for this alternative is approximately $25,000. Attach any continuations or.additional items to this page SEP 12 2000 B. Alternative Actions (continued) d. Impacis of Altern~tlve Project Below, discuss the imgact of this airre'native on th~ project ar~. Inctud~ comm~lL~ on these issues as appropx. Environmaatal Justict:, Endangered Species, Wetlands, Hydrology (Upswe. am and Downstream surfaca wa£e: Im.na~), l~100dplnln/l~1oodway, Historic Preservation and Hn~rdotls M~. The impacts of this alternative are: -Greater cost -Negative aesthetics (this is a brand new school) -Less emergency egress e. Estimated Budget/Costs for Alternative Project In this section, provide details of all the estimal~l costs of t!~ alt~rna~v~ project (round figures t~ the nearest dollar). 1. N~s_~er~ts/L ab or Item D~_a~an ~ Co~r per U~t Co., Rolldown Shutter 19'x8' 5 aprox $5,000. $25,0~ Labor Cmclude e. quipm~nt costs - pl~as~ indicate all 'soft' or in-kind match~) Description Hours Rate Fe~s Paid Ine. iucl~ any other ~osts asaocialexl with the project. Description of Task Hours Rate Co~ Attach any continuations or additional items to this page Total Cost of Alternative $25,000.00 A i'f ooo Total Estlm~ted Project C~ $ NOT USED Attach any continuations or additional Items to this page A(3ENDA. ITEM -- No./~ fF'~ t SEP ! 2 2000 The signing official for Collier County F~lorida is ~e Chairman of the Board of County Commissioners. Due to the recent Wildfire emergency (April 8- 14) in Collier County, many of the normal agenda items were postponed. Section VI, Maintenance Agreement was one of the items postponed, and as a result has not been signed. Normally these agreements are signed by the Board as a matter of routine, and I anticipate no problem in gaining their approval and signature for this project. I anticipate that this application will be signed at the May 2, 2000 meeting of the BCC. Emergency Management Director A~ENDA I,TJ $EP 12 2, r[ Section VI. Maintenance Agreement All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting their application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The Coun of Collier State of Florida, hereby agrees that ~Utty~t~Jown, C~unty) ' if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any realproperty, structures, or facilities acquired or constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, andstorm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is t,o make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee s acceptance of these responsibilities. It does not replace, supercede, or add to any other maintenance responsibilities ~mposed by Federal law or regulation and whmh are in force on the date of project award. Signed by _Timothy J. Constantine (printed or typed name of signing official) Chair, Collier County Board of County Commissioners (title) the duly authorized representative this .(day.) of (month), Signature* *Please note: The above signature most be by an individual with legal signing authority for the respective local government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) ?~pprovedtas to fo,.rm &.,Jegal .~f!c2,er?7 .~ ..... Count/Attcrne~ ~ Attach any continuations or additional items to this page SEP 1 2 2000 Benefit'Cost Worksheet fol' Shelter Retrofit .Projects (This Section MUST be Completed) A(:~..N D~ kTEM SEP 1 2 2000 B. Building Select Building Type (!]~b~ Mltlga~m) Hi~ic auildi~ Diaa~, Numb~ D~be The Normal Day-re. Day Function d ~he F~litv Tom Fk=r Area Occu~ed by Owner ~r Pu~lc,,~lon...Pm~ Agencies For the Followir'~ Entmr the ,~qua~ Feet for the Applic~e D. Building MILES 2 1998 _.wl^ Public gnhnn3 . 300,000 All Ex~m~ CdticaiFa:llity 300,000 I"k~,~%mllm' 25,000 Hum~meEvactmtio~$1~ter(HE~ 20,000 ~~~ ~5~ooo R~~ 25,000 ~ 25~.000 ~~ ~ 8~ ~/A su~k~in~ ~.,em~ Value TOtal Ve, ltle ~ Coni~q~. Prorated (SF) 8.00~ $44,000,000..00 HiMh School artfox $&.000.000.00 AGENDA No./(~ / J: t~ SEP 12 2O00 Shelter Proj~ Only Value ef PuttiM Non..Pro~ ~ P~ pitapat c~n~ty prem~ (~y) TotaJ Marg!~iy !e~t from all Tm LTdmon~) income of Coremerrol ~. HIt~ation pro~c:t Annum Mmmmmnoe Cam J. Temporar~ R~looation Oo~t~ R~loc~tion Time Due to Pr~jeot (monthr,) Rental Co~ During Ocoupm~ R~m (~drnor~) Other R~x:ation Co~ts E,'d~ng ,,$9~ attached orooosal 20 years - ' $9:945. 2000 0 ~on~ None Non~_.. Not~mandAddYdonallnfommtlon This project will add approx 400 shelter spaces to Collier County Florida. SEP 12 2000 EXECUTIVE SUM MARY APPROVE THE PURCHASE OF PROPERTY FOR AN EMS SUBSTATION. OBJECTIVE: Staff is requesting the Board of County Commissioners approve the purchase of seven (7) acres (+/-) from the Collier County School Board for an EMS Substation and other future emergency service facilities such as a Sheriff's Office Substation. CONSIDERATION: The School Board recently acquired a 39.82 acre parcel of land located just north of the intersection of Santa Barbara Boulevard and Davis Boulevard. A location map is attached for your reference. The School Board will only be utilizing twenty-five (25) +/- acres for an elementary school site. The School Board has offered to sell the County the remaining fourteen (14) +/- acres. Staff has been attempting to locate an EMS/future Sheriff's Office Substation site in the area for some time and has been unsuccessful in locating sufficient acreage within an area not considered environmentally sensitive. Seven (7) acres of the fourteen (14) acres offered by the School Board is considered ideal, due to its central location, for the East Naples EMS Substation approved by the Board in the FY 99/00 budget. The School Board acquired the entire 39.82 +/- acres on January 7, 2000, for a purchase price of $3,170,000, or $79,608 per acre, which was based upon the average of two (2) independent appraisal reports obtained by the School Board. Other related expenses incurred by the School Board include the cost of obtaining the two (2) appraisals at a cost of $3,500 and $2,500, for a total cost of $6,000. Pursuant to Florida Statute 125.355, the County must obtain two (2) appraisals on the site prior to its purchase; however, according to the County Attorney's Office, the County may share those appraisals obtained by the School Board. One appraisal prepared by Appraisal Research Cor. poration of Naples, dated June 7, 1999, valued the entire 39.82 acres at $3,470,000 or $87,142 per acre. The second appraisal, prepared by Stewart and Company, dated July 2, 1999, valued the entire 39.82 acre site at $2,870,000 or $72,074 per acre. The average of the two (2) appraisals is $3,170,000 or $79,608 per acre, which is the purchase price paid by the School Board for the site. The School Board also expended funds to perform an extensive environmental audit on the site due to its prior use (farming operation). Costs associated with the environmental audit total $29,690 for the entire 39.82 acres. Both appraisals and all environmental reports have been furnished to County staff. If the Board of County Commissioners authorizes staff to acquire seven (7) of the fourteen (14) acres offered"by the School Board, staff shall prepare a standard Purchase and Sale Agreement between Collier County and the Collier County School Board. Once executed by the Board of County Commissioners, it will be presented to the School Board for review and approval. If acquired, the seven (7) acre site will require a Conditional Use to allow for Emergency Service related uses. SEP 12 2OO0 Pg. ~.. , FISCAL IMPACT: The County shall be responsible for purchasing the seven (7) +/- acres at the same per acre cost paid by the School Board and reimbursing the School Board for half of those costs associated with the two (2) appraisals, and reimburse the School Board the prorated share of costs (based upon per acre costs) associated with all environmental reports obtained on the site. Therefore, .... the following estimated costs are associated with the purchase of the subject seven (7) +/- acre site: 1. Purchase Price: $ 557,256 2. Title Commit. ($175) / Policy ($2,862):$ 3,037 3. Miscellaneous costs (recording, etc.): $ 1,000 4. Environmental Reports: $ 5,222 (Based upon a total of $29,690 paid by the School Board for 39.82 acres) 5. Recommended Soil and Water Sampling $ 2,500 6. Appraisals: $ 3,000 (1/2 of the $6,000 appraisal costs incurred by the School Board) Total Cost $ 572,015 Therefore, an estimated total of $572,015 shall be paid with EMS Impact Fees.' The Board of County Commissioners approved construction of the EMS Substation during the FY 99/00 budget process. GROWTH MANAGEMENT IMPACT: Construction of this facility is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Authorize staff to proceed to acquire seven (7) acres of land from the Collier County School Board; 2. Approve an Agreement for Sale and Purchase between Collier County and the Collier County School Board and authorize its Chairman to execute the Agreement once approved by the County Attorney's Office; 3. Once the Agreement is approved by the Collier County School Board, direct staff to acquire the site; 4. If all conditions prove satisfactory, follow all appropriate closing procedures; 5. Accept for recording in the Public Records all properly executed conveyance instruments approved by the County Attorney's Office; 6. Approve any and all necessary Budget Amendments to fund said purchase and related expenses; and lastly, 7. Authorize the appropriate payment directly to the School Board for reimburseme~t'~e,rtain expenses. ...----T.Q~MOT-r~, ACTING DIRECTOR, REAL PROPERTY MANAGEM_ENT DI/~NE B. FLAGG, CHIEF, EMErgENCY SERVICES DEPAR~"MEN~ REVIEWED BY: '~ 4/~'f-'~"~ .,~[~/"M~,~ DATE: SEP 12 20OO EXECUTIVE SUMMARY APPROVAL OF COUNTY GRANT APPLICATION AND DISTRIBUTION FORM FOR EMS MEDICAL RESCUE EQUIPMENT AND TRAINING CLASSES. OBJECTIVE: Request Board to authorize the Chairman to sign the Resolution, EMS County Grant Application and the EMS Grant Distribution forin for Medical/rescue equipment and training classes for the EMS Department. CONSIDERATION: The State of Florida established the Emergency Medical Services Grant Award Program for the improvement and/or expansion of emergency medical services. Collier County's grant award for fiscal year 2000/2001 will not exceed $83,946.38. The funds wll be utilized by the Emergency Medical Services Department for the purchase of necessary medical/rescue equipment and provision of training classes. FISCAL IMPACT: The training and equipment purchases will be 100% funded by the State of Florida Emergency Medical Services Grant Award prograin. The funds will be deposited and disbursed from the EMS Department County Grant Fund. GROWTH MANAGEMENT IMPACT: There is no growth management inpact. RECOMMENDATION: The Board authorize the Chairman to sign the Resolution, County Grant Application, the Grant Distribution Form, and authorize the EMS Department to recognize carry forward and accured interest earned in the grant funds through a budget amendment. SUBMITTED BY: l~ Diane Date: · B. Flagg, Chief, Emergency Services Department REVIEWED BY: , / Thomas Storrar, Administrator, Emergency Services AGENDA ITEM' ! No. f! f'~,,..--~_J Emergency Medical Services (EMS) County Grant Applicatior State of Florida Department of Health Bureau of Emergency Medical Services Grant No. C. 1. Board of County Commissioners (grantee) Identification: NameofCounty:. Collier BusinessAddress: Bui!din9 "H" - 3rd floor - 3301 East ?amiami Trail Naples, Florida, 34112 Phone# (94;.) 774-8~.59 SunCorn # ( ). 2. Certh"ication: I, the undersigned official of the previously named county, certify that to the bes' my knowledge and belief all information and data contained in this EMS County Award Application its attachments are true and correct. My signature acknowledges and ensures that I have read, understood, and will comply fully with t Florida EMS County Grant Manual. A.T"'r£ S7: OWIGWT E. BRO0 Printed Name: Timothy J. Cons%antine ]-;tie: Chairman Signature: Date Signed: (Authorized County Official) 3. Authorized Contact Person: Person designated authority and responsibility to provide department with reports and documentation on all activities, services, and expenditures which involve grant. Name: Diane B. F!ag9 T~tte: Chief BusinessAddress:collier CounTy EMS - Building "H" - 3rd floor 3301 East Tamiami Trail, Naoles, Florida, 34112 (City) (State) (Zip) Phone#(941) 7TM ' ~,~a SunCom#( ) - County's Federal Tax Identification Number: VF5 9 6 0 0 0 5 5 8 DH Form 1684, Jan. 98 Approve~i ~ to form ~. legal ~uHiciena~ A~r~n~ C~un~y At~r~T A~D~ SEP 12 200( 5. Resolution: Attach a resolution from the Board of County Commissioners certifying the rr from the EMS County Grant will .improve and expand the county's prehospital EMS system and th grant monies will not be used to supplant existing county EMS budget allocations. 6. Work Plan: Work Activities: Bid, purchase and distribute equipmenU P~ovide specialized medicailrescue educational courses. ~me Frames: Six months (6) afser contract begins. ~ix months (6) after contract be$ins. 2 ' "A(~NBA SEP 1 2 2000 3 AGeNdA I~TI~M SEP 12 2000 Pgo ~ APPLICATION (Requires Signature) REQUEST FOR COUNTY GRANT DISTRIBUTION (ADVANCE PAYMENT EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM In accordance with the provisions of $ecEon 4Of. 115(2)(a), F.S., the undersigned hereby requests an EMS county grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: COLLIER COUNTY BOARD OF COMMISSIONERS Name or t=oara or County Commissioners (l~ayee) 3301 Eas~ Tamiami Trai2, Aodress NaPles, F]_orida, 34112 (City) ('Stare) (,Dp) =ederal Tax ID Number of county: 59 SIGNATURE: 6 0 0 0 5 5 Authorizing County Official Date: ATTEST: DWIGHT £. 8 =rfntedName: Timc~hy J. Cons~an:±neTitle:. Chairman SIGNAND RETURN WITH YOUR GRANT APPLiCATION TO: Del~artment of Health Bureau of Emer~Tencv Medical Services EMS Counb/ Grants 2020 Capital Circle SE, Bin. Cl8 Tallahassee, Florida 32399-1738 4mount: $ For Use On.ly by Department of Health, Bureau of E[worgency Medical Services Grant Number.' Approved By: Date: -. Signature, Stare EM$ Grant Officer =iscal Year: ~mount:$ D .rganizafion Code ~4~ 25-60-00-000 :ederal Tax I.D. V F Beginning Date: E.O. ~ Ob~~ .9600 055 8 4 Ending Date: RESOLUTION NO. 2000 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WHEREAS, EMS Departlnent Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County: and WHEREAS, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of pre-hospital emergen~~ medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT the $83.946.38 in the EMS County Grant will be used to purchase medical/rescue equipment and training classes and these fi~nds will not be used to supplant existing EMS Deparlment budget allocations. This Resolution adopted this __ favoring same. DATE: ATTEST: Dwight E. Brock, Clerk By: day of State of FLORIDA County of COLLIER I HEREBY CERTIFY TItAT this is true and correct copy of a file in Boa,'d Minutes and Records of Collier County. WITNESS my hand and official seal this __ day of Dwight E. Brock, Clerk of Courts BY: Datc: 2000 ,after motion, second and ~na. jorits.' vote BOARD OF COUNTY COMMISSIONERS Collie]' County, Fh)rida By: Timothy J. Constantine. Chairman Ai)l)roved as to fcn'm and leg:tl sufficiency Rol)e~ Zacha~/" Assistant County Attorney A S£P 12 200 EXECUTIVE SUMMARY AGREEMENT APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF SAID AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING MONIES AVAILABLE IN THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND OBJECTIVE: That the Board of County Commissioners accept and approve Agreement/tO 1 CP-04-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County for funds that would enhance emergency program activities within Collier County for FY 00-01. That the Board of County Commissioners adopt the attached Resolution indicating Board approval of the Agreement, authorizing the Chairman to execute and accept the Agreement with all understandings and assurances contained therein and to act in connection with the Agreement. That the Board of Commissioners approve the attached budget amendment increasing the Emergency Management operating budget by $2,926. CONSIDERATION: This is the eighth year that the State of Florida has made funds available to allow local governments to enhance their emergency management programs. These funds are available as a result of a surcharge of $2.00 for each residential insurance policy and $4.00 for each business policy. The Florida Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables counties with full-time emergency management directors to receive monies to enhance existing programs by purchasing additional equipment or hiring additional personnel. Each county must develop a 5 year Strategic plan which comprises the Scope of Work for the grant. Funds will be awarded only when all work in the previous year's Scope of Work has been satisfactorily completed. For fiscal year 00-01, the Department of Community Affairs has agreed to provide the sum of $105,806 to Collier County for program enhancements. From this sum, the State Division of Emergency Management will deduct the sum of $2,880. for the maintenance of the Emergency Satellite Communication System (ESATCOM) that is installed in the Emergency Operations Center and the 24 hour Warning Point at the Sheriff's Office Communications Center. As in past years, monies from this fund cannot be used to supplant existing emergency management programs nor be used to match funds from another program under this Trust Fund. FISCAL IMPACT: $100,000 was included as revenues for FY 00-01 during the original budget preparation. This Agreement will increase the Emergency Management operating budget by $2,926. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve Agreement #01 CP-04-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County, adopt the attached Resolution authorizing the execution and acceptance of said Agreement while increasing the Emergency Management operating budget by $2,926. SUBMITTED BY: ~~ Date: ~~ Thomas Storrar for: Kenneth F. Pineau, Emergency Management Director APPROVED BY: ~ >'~~ Date: Thomas Storrar, Emergency Services Administrator A~ENDA~EM No. 1~/Y"~ ~/ $EP Contract Number: STATE FUNDED SUBGRANT AGREEMENT 01 CP-04-09-21-01-011 CSFA Number: 52008 THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and COLLIER COUNTY, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes. and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency management grants to counties; and : WHEREAS, the County is eligible to receive said funds and agrees to comply with all the requirements of this Agreement and Rule Chapter 9G-i 9, Florida Administrative Code. NOW, THEREFORE, the Department and the County do mutually agree as follows: I. SCOPE OF WORK AND FUNDING II. III. IV. The County shall fully perform the obligations in accordance ~vith the Scope of Work, Attachments A and A-1 of this Agreement. Funding for performance of the Scope of Work shall be provided in accordance with Attachment F. INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B. PERIOD OF AGREEMENT This Agreement shall begin October 1, 2000 and shall elad September 30, 2001, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. of this Agreement. All requests for reimbursement must be submitted within 30 days after the termination date of the Agreement. No reimbursement requests received after November 1,2001 may be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. No change to the terms and conditions of this Agreement, including the Scope of Work, shall be effective until filed and approved in accordance with the provisions in Attachment A. However, changes to the amount of funding to be provided may be accomplished by notice from the Department to the County, in the form of certified mail, return receipt requested. The I A(3EhDA LTEM ¢ SEP 12 2000 VI. VII. Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested, to the County's contact identified in Paragraph VIII, below. Should the County determine it does not wish to accept the award of additional funds, then the County shall provide notice to the Depm hnent contact within thirty (30) days of receipt of the Award Letter. Otherwise, the County shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt of the written notice of acceptance. MONITORING The County shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished and other performance goals are being achieved. Such review shall be made for each function~or activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities shall be created and retained in accordance with Attachment C. LIABILITY The County shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement. For purposes of this Agreement, the County agrees that it is not an employee or agent of the Department. NONCOMPLIANCE, REMEDIES, AND TERMINATION go Ifa County fails to comply with any term or condition applicable to an award under Rule Chapter 9G-19 or any term or condition including, but not limited to, federal and state laws, agreements, rules and regulations, applicable to any other funding for the County administered by the Division, then the Department shall take one or more of the following actions, as indicated by the attendant circumstances: temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; o disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. Costs of the County resulting from obligations incurred by the County during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other County costs during suspension or after termination which are necessary and not reasonably avoidable may, in the sole discretion of the Department,. be allowable if: 2 SEP 12 2000 VIII. the costs result from obligations which were properly incurred by the County before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. Go Counties with terminated grants shall remain obligated to provide all required closeout information. Do in the event that any audit determines that costs reimbursed or otherwise funded under this agreement should be disallowed, then the County shall return those disallowed funds to the Department. In the alternative, the Department may, in its sole discretion, offlet the disallowed amount against any current or future awards to the County from any other grant agreement or contract with the County administered by the Department. Actions taken for noncompliance constitute final Department action under Chapter 120, Florida Statutes, as amended. Notification of such actions shall include notice of administrative hearing rights and time frames. The County shall return funds to the Department if found in non-compliance with laws, rules, or regulations governing the use of the funds or this Agreement. G. This Agreement may be terminated by the written mutual consent of the parties. NOTICE AND CONTACT The Department designates Edgar W. Gonesh, Planning Manager, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 E-Mail edgar.gonesh~dcs.state.fl.us go The signer of this Agreement or his/her designee shall be the County's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him/her at the following address: Kenneth F. Pineau, Director Collier County Emergency Management 3301 East Tamiami Trail Naples, FL 34112 Telephone: (941) 774-8444 3 AGENDA ITEM No. //..,/~-", q' (.I,/ ' SEP 1 2 2000 Pgo ..~ ~ C. All payments relating to the Agreement shall be mailed to the following address: IX. Collier County Board of Commissioners C/o Collier County Emergency Management 3301 East Tamiami Trail Naples, Florida 33112 In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title, address and telephone number of the new representative will be rendered as provided in Paragraph VIII. A and B above. OTt tER PROVISIONS The validity of this Agreement is subject to the truth and accuracy of all the information, representatives, and materials submitted or provided by the County, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the County, cause the termination of this Agreement and the release of the Department from all its obligations to the County. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lien in Leon County. If any provision hereof is in conflict with an applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but shall be deemed severable, and shall not invalidate any other provision of the Agreement. Go No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the County shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the County. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. AUDIT REQUIREMENTS The Contractor agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principals, to account for the receipt and expenditure of funds under this Agreement. go These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. A~EIqDA ITE~I No. I~1~'~ q SEP 12 2000 4 · Pg. ~ Go mo Fo The Contractor shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. If the contract amount is $300,000 or more, then the Contractor shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501~7507, and OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a Contractual Services appropriation. The annual financial audit report shall include all management letters and the Contractor's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified in Paragraph X. D. I and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Contractor shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Contractor of such non- compliance. The Contractor shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. The Contractor shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit is due seven (7) months after the end of the fiscal year of Contractor or by the date the audit report is issued by the state Auditor General, whichever is later. 5 $EP 12 20O0 I~1· 7 XlVo SUBCONTRACTS AND PROCUREMENT mo go If the County subcontracts any or all of the work required under this Agreement, the County agrees to include in the subcontract language requiring the subcontractor to be bound by the terms and conditions of this Agreement with the Department. The County agrees to include in the subcontract a provision that the subcontractor shall hold the Department and County harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully herein. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. STANDARD CONDITIONS The County agrees to be bound by the following standard conditions: go Go The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 2 ! 6, Florida Statutes. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the County. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereoff If otherwise allowed' under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. The Department reserves the right to unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or 6 AOENDA ITEM, , ?SEP 12 2000 received by the County in conjunction with the Agreement. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract x~ith a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list 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. XV. STATE LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XVI. LEGAL AUTHORIZATION The County certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The County also certifies that the undersigned possesses the authority to legally execute and bind County to the terms of this Agreement. XVII. EQUIPMENT AND PROPERTY MANAGEMENT The County acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station® and related equipment (hereinafter "the Equipment"). The County acknowledges and agrees to comply with applicable terms and conditions of: AGENDA ITFM. No. 1~,7ikT ~ SEP 12 2000 (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Department, (a copy of which is available from the Department) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the County and other sites. In particular, the County agees: mo Bo Go D° That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's State Warning Point (SWP) (850) 413-9910. That the County will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. County personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. That the County shall not change, modify, deinsta!l, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. That the County shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations' of the County's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the County's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The County shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The County shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the County facility as required for efficient service. That the County shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theR, loss and other hazards. This shall not obligate the County to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The County agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The County shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The County shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said 8 SEP 12 2000 P~I. /~--'~ software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the County, to use the software solely in the operation of the Equipment, to com- mence on delivery of the software to the County and to last for the term of the HNS Agreements. The County shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The County shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Huglies Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the County or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the County by the Department under this Agreement, or from any cause other than intended and ordinary use. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. Deinstallation, reloca.tion, or removal of the Equipment or any accessories, attachments or other devices. The County shall be independently responsible for any and all charges not part of the initial service order. XVIII. COMMUNICATIONS COSTS By its execution of this Agreement, the County authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Service from the allocation provided to County under Rule 9G-19.005(3), Florida Administrative Code. The deduction is $2,880 for twelve months. 9 ..... A(3ENDAJt~M, / No. ~/~ /P"3 ¥ SEP 12 2OOO XXo In the event the County desires to continue use of the National Warning System (NAWAS) line, then the County shall assume all operational and fiscal responsibility for the NAWAS line and equipment in the County. VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Department will have no obligation to honor such reimbursement request. CERTIFICATIONS By its execution of this Agreement, the County certifies that it is currently in full '~ compliance with the Rule Chapters 9G-6, 9G-7, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes and appropriate administrative rules and regulations that guide the emergency management program and associated activities. The County certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The County further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local comprehensive emergency management plan. 10 k..* · SEP 12 2000 By its signature below, the County reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. COLLIER COUNTY BY: Timothy J. Constantine, Chairman Board of County Commissioners name/title Date: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: Joseph F. Myers, Director name/title Date: 59-600058 Federal Employer ID Number ATTEST: BY: Dwight E. Brock, Clerk (Deputy Clerk) Approved as to Formal Sufficiency Thomas C. Palmer Assistant County Attorney 11 S£P 12 2000 Attachment A SCOPE OF WORK Base Grant funding from the Emergency Management, Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapters 9G-6 and 7, F...A.C., and Chapter 252, F.S.). This Scope of Work recognizes that each county is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, each county must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the County shall complete the work items that fall between October 1, 2000 and September 30, 2001, listed in the most recently revised Five-year Strategic Plan, as approved by the Department. The revised Five-year Strategic Plan is attached hereto as Attachment A-1. Subsequent revisions during the term of this Agreement shall be those submitted in writing by the County, approved by the Department, and on file in the Division. The document evidencing the approved scope of work shall be the most recent Strategic Plan for-the County on file in the Division of Emergency Management, Bureau of Compliance Planning and Support, evidencing approval by Division staff housed in Tallahassee. As a further condition of receiving funding under this Agreement, the County shall, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the County shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department. Funds may not be used for items such as door prizes and gifts. Flyers and promotional items to promote the Emergency Management Program are allowable. Food and beverages may. be purchased for Emergency Management personnel and other personnel only if the County Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only-under 1) An Executive Order issued by the Governor or 2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. Within 60 days of execution of this Agreement, the County shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, F.S. 12 SEP 12 2000 //7" 2. 3. 4. 5. 6. 7. Attachment B PROGRAM STATUTES AND REGULATIONS Chapter 252, Florida Statutes Rule Chapters 9G-6, 9G-7, 9G-11, Chapter 287, Florida Statutes Chapter 119, Florida Statutes Chapter 112, Florida Statutes OMB Circular A-87 OMB Circular A- 133 9G-19 and 9G-20 Florida Administrative Code 13 SEP 12 2000 Attachment C RECORD KEEPING mo All original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at $I,000 or more at the time of acquisition shall be retained for three years after final disposition. Records relating to real property acquisition shall be retained for three years after closing of title. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachments A and A-l, and all other applicable laws and regulations. The County, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. 14 SEP 12 2000 mo Go Eo Fo Go Attachment D REPORTS The County shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. Quarterly reports shall begin with the first quarter of the county fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. The final close-out report is due forty-five (45) days after termination of this Agreement. In addition to the above, in order to ensure compliance with Rule 9G-19.011, F.A.C., historical budgetary information relating to the County Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department not later than December 31, 1999. A proposed staffing summary and budget summary describing planned expenditure of funds · provided under this Agreement toward the completion of items detailed in Attachments A and A-1 shall be submitted to the Department in a format provided by the Department not later than December 31, 2000. If all required reports, budget summary and budgetary information prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX., and Rule 9G-19.014, F.A.C. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. Upon reasonable notice, the County shall provide such additional program updates or information as may be required by the Department. All report formats provided by the Department shall be made available to the County on the Division's Intemet site. 15 No. /~,/~' I 4/ k.I d / SEP 12 2000 Attachment E Ao Bo Go PROCUREMENT, SUBCONTRACTS AND SUBGRANTS All subcontracts entered into by a County in connection with any portion of the Scope of Work shall contain all terms of the County's Agreement with the Department. The County shall send a copy of any subcontracts entered into in connection with implementing the Scope of Work to the Department within 30 days after their effective dates. The County shall not award subgrants using funds awarded pursuant to this Agreement. The County shall comply with all applicable procurement rules and regulations in se6uring goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the County shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-87. 16 SEP 12 2000 mo Do Attachment F FUNDING/MATCHING This is a cost-reimbursement Agreement. The County shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,926 subject to the availability of funds from the Department. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. Any advance payment under this Agreement is subject to s. 216.181 (14), Florida StatUtes. Up to twenty-five (25) percent of an award may be advanced. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Indicate below 1. which method of payment is preferred: No advance payment is requested; payment will be made solely on a reimbursement basis. An advance payment ors is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided; advanced funds may not exceed 25% of total eligible award) After the initial advance, if any, any further payments shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The County agrees to expend funds in accordance with the Scope of Work, Attachments A and A-1 of this Agreement. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the County by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 17 SEP 12 2000 .o. /'7 The County. shall comply with all applicable procurement rules and regulations in securiag goods and services to implement the Scope of Work. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the County shall continue to provide other funding for the County Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency; or (2) the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the County Emergency Management Agency." The County shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Should the County wish to carry forward, into the fiscal year beginning October I, 2001, any unspent funds awarded under this Agreement, the County must request such carry forward of funds in writing to the Department by July 31,2001. This request must include a detailed explanation and justification for the request and may not exceed an amount equal to 25% of the initial amount awarded ($105,806) under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the County's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. 18 AGENDA ITEM, No. //~/,,:') 5/ · ~d - SEP 12 2000 RESOLUTION NO. 00 - RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT WHEREAS, the State of Florida Department of Community Affairs has funds available for Collier County to spend for emergency management program enhancements and, subject to execution of a Grant Agreement between the State and the County, is authorized to disburse Grant funds to Collier County; and WHEREAS, the State, by means of proposed Grant Agreement #01 CP-04-09-21- 01-011 is agreeing to provide, by means of reimbursement for costs incurred by the County in the satisfactory performance of that Agreement, up to $105,806.00 for items of performance agreed to in said Agreement; and WHEREAS, the Board of County Commissioners of Collier County agree that performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the board approve the Agreement #01CP-04-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorizes the Board's Chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption this day of _, 2000. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA' By: Timothy J. Constantine, Chairman ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: Thomas C. Palmer, Assistant County Attomey SEP 1 2 2000 EXECUTIVE SUMMARY RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS OF CONSENT/ EMERGENCY ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S ABSENCE OBJECTIVE: The Board of County Commissioners ratify consent/emergency items approved by the County Manager during the Board's absence during the period August 2, through September 11, 2000. CONSIDERATIONS: In accordance with Resolution No. 2000-149 approved at the May 23, 2000 meeting, the Board of County Commissioners authorized the County Manager to approve consent and emergency items during their scheduled absence. ~he following items were approved by the County Administrator and are herein submitted for acceptance by the Board. Bo Go Uo Approve budget amendment to address various expenses within the Human resources Department. Approval of Budget Amendment report BA #00-374, #00-371. Reject Bid No. 003110 - annual agreement for preparation and delivery of title commitments. Award Work Order SC 00 -07 to Surety Construction, Inc. for the construction of Phase Ii (A) of Sugden regional Park. Approval of Budget Amendment Report - Budget Amendment #00-419. Approve the purchase of e-mail anti-virus soft-ware and hardware for network connections to the Clerk of the Courts and Property Appraiser's network. Request approval of budget amendment to fund demolition of unsafe steel building at Marco Transfer Station. Award Letter of Interest No. 00-3087 for annual underground utility contracting services. Approve a budget amendment to transfer funds into salaries to cover merit increases and reclassifications and termination pay for Public Utilities and Transportation Engineering employees. J. Amend Work Order CDM-FT-00-03, to provide engineering services for upgrading the Pelican Bay Wellfield, Project 74039. M, K. Award Bid #00-3123 Bayshore Drive beautification, landscaping and irrigation. L. Approve 2000 Tourism Agreement between Collier County and the Marco Island Film Festival regarding advertising and promotion. M. Approve increase in the dollar amount for non-bid items for Annual Bid #98-2821, contractual services for traffic signals and street lights. N. Approve task assignment for professional engineering services by Malcolm Pimie, for solid waste characterization and program analysis study, RFP 00-3046. O. Approval of Budget Amendment Report - Budget Amendment #00-425 and #00-369. P. Approval of Budget Amendment Report - Budget Amendment #00-432. Q. Recommendation to approve Commercial Excavation Permit No. 59.752, "Tim Flick Commercial Excavation" located in Section 15, 16, Township 48 South, Range 27 east; bounded on the north by 33~d Avenue NW right-of-way, on the west by vacant lot, on the south canal right-of-way, and on the east by canal right-of-way. R. Approval of Budget Amendment Report - Budget Amendment #00-450 and #00-466. S. Waive the requirement for formal competition and approve the purchase of light posts, planters, planter posts, decorative railing and planter embellishments for Bayshore MSTU beautification. FISCAL IMPACT: As stated in the respective executive summaries. GROWTH MANAGEMENT IMPACT: As stated in the respective executive summaries. RECOMMENDATION: The Board of County Commissioners accept and ratify the above listed items which were approved by the County Manager during the Board's absence for the time period stated above. Prepared by: Barbara Pedone, Public Information Agenda Coordinator EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO ADDRESS VARIOUS EXPENSES WITHIN THE HUMAN RESOURCES DEPARTMENT. OBJECTIVE: To enable the Human Resources Department to complete several important initiatives during the current fiscal year. CONSIDERATIONS: The Human Resources Department is currently involved in a number of important initiatives pertaining to recruitment of new and retention of current employees. These include, but are not limited to; supporting the Employee Workforce Assessment Team; placing radio advertisements to recruit vacant positions and obtaining additional services from the County's pay plan consultant. In order to continue and complete these initiatives, the department has expended or will need to expend additional funds FISCAL IMPACT: $16,000. Funds are available in General Fund Reserves. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners approve the enclosed budget amendment for the Human Resources Department. SUBMITTED BY: REVIEWED BY: Stev~VCarnel~, · Interim Human Resources Director Jo-A~ne Leamer, Support Services Administrator Date: Date: APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/12/00) Court Administration (Fund 681) Budget Amendment #00-371 Circuit Court Costs: Attorney Fees $42,400 Court Administration-Personal Services Regular Salaries {40,000) Witness Mana2emenI-Operatinu Expenses (2,400) Total: -O- Explanation: Funds are needed due to cour! appointed attorney fees and costs. Operating Expenses: Other Contractual Services Personal Services: Regular Salaries Total: Explanation: Pelican Bay MSTUBU (Fund 109) Budget Amendment #00-374 $45,O00 (45,000) -0- Fundsare neededto pay ~rtemporarylaborersbeing usedto covervacantpositions. NO.~, F'O. / EXECUTIVE SUMMARY REJECT BID NO. 00-3110- ANNUAL AGREEMENT FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS. OBJECTIVE: To reject all bids received and re-bid the annual agreement. CONSIDERATION: While we currently have fewer title companies under contract with the County than the present workload would dictate, even fewer bids were received than the number of companies currently under contract. A more concerted effort is needed to alert title companies that bids are being sought by the County. The annual agreement will be re-bid and calls will be made to all firms advertising in the local yellow pages under "Title Companies." In addition, rather than sending the companies a post card only, each company will be sent a copy of the bid specifications and an invitation to bid. FISCAL IMPACT: None. The annual agreements are "standing" agreements governing the price and delivery of title commitments, endorsements and title insurance. When these services are required by Collier County, they are paid for from each particular capital improvement project's budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners reject all bids received in Bid No. 00-3110, and direct staff to re-bid the Annual Agreement for Preparation and Delivery of Title Commitments. SUBMITTED BY: ,~--~_~..~,~?'/'~.,~',,?..,~...::cr~.~. Date: ~'/Z"OO ' ~~nd~~tZo~-~y~?~gn and Valuati~ Goordinator ~ViE~D B~~>~_ ~Sj~ · Date: ~-q Toni Mort, Intedm Real Prope~y M~ag~ment Director Gwen Butler, Acting Pur~asing Director Jo-~e Varcoe~eamer, Suppo~ Se~ices A~inistAtor · APPROVED BY: AGE.NDA !T-I~ ~ EXECUTIVE SUMMARY AWARD WORK ORDER SC 00-07 TO SURETY CONSTRUCTION, INC. FOR THE CONSTRUCTION OF OHASE II (A) OF SUGDEN REGIONAL PARK. Objective: Utilizing the general contractor services contract 99-3025, approve Work Order SC00-07 with the recommended bidder, Surety Construction, Inc., for the construction o£ Phase ll(A) o~ Sugden Regional Park. Consideration: On June 22, 2000 staff sent a request for bids, to the five contractors currently on the County's General Contractor Services Contract, for phase II(A) project. This project includes the construction of a parking lot, restroom facilities, sidewalks, and a maintenance building Written quotes for this project were solicited of the five Contractors on the County's, General Contractors Servic Contract, by the Parks and Recreation Department, and were received on July 24, 2000. Staff has reviewed the quote received and recommends award to Surety Construction Company, Inc., as the lowest, qualified and responsive genen contractor that can meet the required time frame. Three quotes were received and are as follows: Surety Construction Varian Construction Vanderbilt Bay Construction $199,995.00 $228,500.00 $234,215.00 Fiscal Impact: Funds are budgeted in Parks and Recreation, Community Park Impact Fee Fund. Growth Management: Tile value of this facility will be inventorled in the Growth Management Plan. ~{ecommendation: That tile Board of County Commissioners waive tile requirements for formal competition an award a work order SC-00-07 to Surety Construction in the amount of $199,995.00. /~//James Fitzek, OperatOrs l~anager c~ Department of Parks and Recreation Reviewed and Approved by: Maria R~m~ey, Director Depa~ment of Parks and Re ation Date: Date: Reviewed and Approved by: Reviewed and Approved by: Gwen Butler, Acting Director Department of Purchasing Leo oC-'hs, Jr., Administr,atOf/ Division of Public Servfces/ ' / Date: AGEhJDp, No. ---': .....CONSTRUCTION CI::IMPANY J ..:[.~ .=-I Zr J()l~; 'I'.H ,~ I,L?:'¥'1"1:;~1~, ~1 IALI. ~1~1.~ \-'1.'~ A.q, ()t JR F'R¢)1'-'()$/',[ I"(.)R TI t~i £.AI)()R ^NL) MA'I'FLI~IAI. N NI~C'F:?,.$ARY F()R 'TIII.~; AP, OVI:!; MU:N'TI()NI~I) PROJEC'I' PF.R YOUR PLANS. ()l;lc PI~I(..'L~ I"()P. SI~GL)L:N I:',\l'~l.;. I,%.' 'l'J II~ F'()I .I.(.)WIN( ,. I'FFNIS I. IAV[~ I:~J~t-:N I.':XCI. I.~T)I'fi.'I I:ROM ()l JR Iill) PI t.;ASL~ I:t~F~I. I"I<I.':L.. 'I'() ('A! .[ s~11/. Jl-' '~'t)t! I IA\~'I.~ ..MV'V' ()UI:~$'I'I¢.)N~. AGEND~ J-T"I~M ~ WORK ORDER # SC-00-07 "General Contractor's Services" Contract #99 - 3025, dated February 22, 2000 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Sugden Regional Park at Lake Avalon. Family Restroom and Maintenance Building & Site work. The work is specified in the proposal dated July 24, 2000 from Surety Construction Company, which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # SC-00-07 is assigned to Surety Construction Company Scope: Task I: Contractor to supply labor and material for construction of a Family Restroom, Maintenance Building, paved drive and parking, paved walkways, concrete walks, and sitework in accordance with the contract drawings, specifications and documents. Schedule of Work: Complete within 150 calendar days from 5 days of issuance of building permit and Notice to Proceed from owner. Liquidated Damaqes: $350.00 per day for each and every day that the 150 calendar day is exceeded. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task #1 $199,995.00 TOTAL FEE $199,995.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Prepared BY:jo~h/F'Del~te'~SLA'Pr°ject Manager / D~(e Pa'rks. and. Recrga~tion Department Keels Ra~sey,~VDire~r /"'~Y ~ate Parks and Recreati~h Department ( .. Dwig~t~E .... B~O.'ck~"~.~Clerk ' Bo r~d/of Cou~ Commissioners "% 't." ' ':" :Attest ..as ATTEST: . ' '/, -- ( C°rp°~.t/j; re~ ~ T~ed Name and T~le BY: Cons-ta~ ~n~-- ,~T~a~ - ,- Timothy J. Surety Construction Ccmpany .ContractOr ~ ( AS~g~t ure/~ ~Cons t r0~q~on Company (or) (1) witnesses (2) Signature (2) Signature (Print Name) (Print Name) Approved as to legal form and sufficiency: AGENDA lYE-M-- .. pg. APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/12/00) Museum (Fund 198) Budget Amendment #00-419 Operating Expenses Historical Artifacts $5,000 Reserves Reserve for Contingencies (5,000) Total: -0- Explanation: Funds are needed to purchase a historical cannon to complete a Museum exhibit. AGENDA ITEM/~, No,.[b EXECUTIVE SUMMARY APPROVE THE PURCHASE OF E-MAlL ANTI-VIRUS SOFTWARE AND HARDWARE FOR NETWORK CONNECTIONS TO THE CLERK OF THE COURTS AND PROPERTY APPRAISER'S NETWORK. OBJECTIVE: To have the Board approve the purchase of e-mail anti-virus and filtering software to protect the County from e-mail based viruses and hardware to update the connections between the Board agencies and the Clerk of the Courts and the Property Appraiser's networks. CONSIDERATIONS: To prevent recurrence of recent incidents with e-mail based viruses and obscene e-mail, the Information Technology Department requires the purchase of an e-mail anti- virus and-filtering software. Changes in the way that the Board agencies will connect to the Clerk of the Courts and Property Appraiser's networks requires the purchase of additional network hardware. FISCAL IMPACT: The purchase price for the e-mail anti-virus and filtering software is $17,100 and the network hardware is approximately $6800. Funds are available in General Fund Reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: 'That the Board approve the purchase of the e-mail anti-virus and filtering software and network hardware and the necessary budget amendments as addressed within this summary. Prepared By: E. Michael Berrious, Commurfications y s Manager Information Technology Department Reviewed By: _ .~'-~~'g~'~~ Date: Skip Camp, Interim, irector Information Technology Department Approved By: Date: Jo-Anne Varcoe-Leamer. Administrator Support Services Division EXECUTIVE SUMMARY REQUEST APPROVAL OF BUDGET AMENDMENT TO FUND DEMOLITION OF UNSAFE STEEL BUILDING AT MARCO TRANSFER STATION. OBJECTIVE: To gain Board approval for a budget amendment to fund the demolition of the old steel building at the Marco Transfer Station. CONSIDERATION: 1. The original steel building at the Marco Transfer Station needs to be replaced. The I- beams and corrugated-steel sidings are rusted through in many places. Repair or demolition has been considered and postponed several times while the County's relationship with the new City of Marco Island was finalized. Ultimately, the Solid Waste Department gained approval to place the job in FY2001 Budget. For background information, Solid Waste asked the Risk Management Department for a professional opinion of the building's condition. Risk asked Facilities Management for an engineer's opinion, and Facilities then hired Kris Jain & Assoc. to inspect the building. Jain reported that the building was unsafe on 5/30/00. Risk Management then directed Solid Waste on 7/12/00 to move all operations out of the building immediately and to demolish it as soon as possible. 4. All Solid Waste operations were moved out of the building by 7/27/00. To accomplish the demolition: a. The electrical switching box must be removed from the steel building to an outside location. A Facilities Management contractor will have completed this by 8/08/00. b. The contractor with the best of four solicited quotes for the demolition has been selected. They will begin demolition once the electrical work is completed and a Purchase Order has been provided. FISCAL IMPACT: Funds are not currently budgeted for this project. A Budget Amendment moving $23,100 from Solid Waste Fund Reserves to the operating budget is required. GROWTH MANAGEMENT IMPACT: No impact. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to fund the demolition of the unsafe building at the Marco T ....c~ c,~,;~,,, no. SUBMITTED BY: REVIEWED BY: Joh?~/. '.~'Bl%~l~arn, Solid Waste Coordinator ate' ' ~'P' ~z~ ' ~ / "7 ' Gffen B~er, Interim PUrcha~ng Director REVIEWED BY: ~,-~...-- ~ Date: G. George Yilmaz, Interim Solid Waste Director APPROVED BY:// Date: ( Edw~d N. 't~;n/, Interi/m Public Works Administratc~- AGENDA ITEM,- .. No. ~ ~ ~-t, ) (~) Pg. ~ July 31, 2000 John, The Companies that gave the quotes for demolishing the steel structure at Marco Transfer Station are as follows: The Chris Tel Company 2546 Edison Ave. Ft. Myers, FL 33901 Howard L. Wheeler, Jr., President PH#941-226-0500 Fax-941-226-0503 $15,500.00 Deduct $800 if hauling is to be done by other. Surety Construction Co. 28441 S. Tamiami Trail, Suite 103 Bonita Spnngs, FL 34134 Jeffrey Maddox~ Estimator Ph#941-992-6030 Fax-941-992-7977 $14,300.00 Add $7,700 for us to load & Haul away the debris. Varian Construction Co. 1400 Blue Point Ave. #102 Naples, FL 34102 William J. Varian, President Ph#941-1178 Fax*941-732-0820 $23,625 Add $12,000 to remove building debris Mike Anderson's Hauling P>O> Box 774 Ah'a. F1 33920 Cell# 863-673-1686 Fax# 863-675-8849 $2,400 per day (estimate time for work is 3 working days Quote includes hauling away all debris. Total: $ 7.200.00 Ruth S. Bowling EXECUTIVE SUMMARY AWARD LETTER OF INTEREST NO. 00-3087 FOR ANNUAL UNDERGROUND UTILITY CONTRACTING SERVICES OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Letter of Interest (LOI) No. 00-3087 for annual underground utility contracting services to the following four firms: Florida State Underground, Inc.; Kyle Construction, Inc.; Mitchell and Stark Construction Company, Inc.; and Douglas N. Higgins, Inc. CONSIDERATIONS: · The Water Distribution and Wastewater Collections Sections are responsible for the maintenance of all water and sewer lines within the Collier County Water-Sewer District. Letter of Interest No. 00-3087 was created to locate local firms interested in being placed on- call to handle emergency repairs of both water and wastewater lines. Additionally, the four firms selected will be utilized on scheduled jobs under the $200,000 level. Each LOI include a price list for services to be provided, which will be utilized in formulating the final contract with each of the firms selected. LOI No.00-3087 was sent to 102 vendors, with four letters of interest received. The Selection Committee designated for this task has reviewed all letters of interest submitted and found that they met the County's specifications and are being selected to participate in both emergency and scheduled underground contracting services, as required by the County. FISCAL IMPACT: Water-Sewer District. Cost Centers. The fiscal impact of this award will vary, as emergencies arise within the Funds are available in the Water Distribution and Wastewater Collections GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Letter of Interest No. 00- 3087 to the following companies for underground utility contracting services: Florida State Underground, Inc.; Kyte Construction, Inc.; Mitchell & Stark, Inc.; and Douglas N. Higgins, Inc. SUBMITTED BY: REVIEWED BY: Pamela Libby, Distribution Supervisor Paul Mattausch, Water Director AG ¢,N DA~.IT£'M,/, No. k REVIEWED BY: REVIEWED BY: APPROVED BY: Jo~Cheatham, Wastewater Director Gwen Butler,~ Interim Purchasing Director , Consent A~enda TABULATION FOR LOI # 3087 "Annual Contract for Underground Utility Contracting Services" DATE OF LOI ADVERTISEMENT: May 9,2000 LOI DUE: June 2, 2000 ~ 3:00 pm' NO. OF INQUIRIES SENT: 102; VENDORS REQUESTED FULL PACKAGE: 11 P~oposer City, State Original + 4 Copies D.N. Higgins Kyle Construction Florida State Underground Mitchell & Stark Naples, FL Naples, FL Naples, FL Naples, FL X Yes : No X Yes No X Yes ~ No X Yes No Yes [~ No Yes : No Yes [~] No Yes [~ No Yes [~ No Lyn Wood Opened by Donna Williamson Wireess "NON-PROPOSAL" RESPONSES RECEIVED FROM: VENDORS EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR PUBLIC UTILITIES AND TRANSPORTATION ENGINEERING OBJECTIVE: To obtain BCC approval of a budget amendment to transfer funds from Fund (589) reserves to cover merit increases and early implementation of pay plan adjustments that were processed durning the fiscal year. CONSIDERATIONS: In FY 00, budgeted increases for merit pay were budgeted in reserves within each respective fund. In addition, salaries of seventeen Project Managers and Engineers in Public Utilities and Transportation Engineering (formerly Public Works Engineering Department or PWED) were adjusted due to early implementation of the approved FY 01 pay plan adjustments. Early implementation was required due to the difficulties in retaining and recruitment employees with engineering expertise, especially in the area of road design and construction. Finally, costs were also incurred for severance of employees that resigned fi'om the County. A budget amendment is needed to transfer funds from reserves to cover the cost of merit increases, early implementation of pay plan adjustments, and to offset the cost of severance pay. FISCAL IMPACT: A budget amendment is needed to transfer $144,722 from the Office of Capital Projects Management Reserve Fund and appropriate into Personal Services. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to transfer funds to cover salaries for the remainder of the fiscal year. PREPARED BY: ~)L.d.~ ~ ~' )O. Zz: '---- DATE: · Sharon Newman, Accounting Supervisor Transportation Division REVIEWED BY: Mike McNees, Interim Administrator Transportation Division DATE: AGE D I M EXECUTIVE SUMMARY AMEND WORK ORDER CDM-FT-00-03, TO PROVIDE ENGINEERING SERVICES FOR UPGRADING THE PELICAN BAY WELLFIELD, PROJECT 74039 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve an amendment for additional engineering services related to rehabilitating the Pelican Bay Well field. CONSIDERATIONS: The Board of County Commissioners approved Work Order CDM- FT-'00-03 to Camp Dresser & McKee, Inc., in the amount of $49,000, on March 14, 2000, agenda item 16(B)13, for hydrogeological services related to the upgrade and renovation of the Pelican Bay Wellfield. Rehabilitation of the four lowest yielding wells was successfully completed, and resulted in increased yields. Shortly thereafter deformations to the casings were found in three of the four rehabilitated wells. Our consultants recommend replacing the deformed well casings by drilling new wells adjacent to the existing wells. Investigations are being made to try to determine the cause of damage to these wells. The fourth rehabilitated well is currently in service. Tests will be conducted to determine the condition of this well. A summary of total fees approved and proposed are as follows: Original Work Order Sum of previous Amendments Proposed Amendment Total Fees $49,000.00 0.00 76,500.00 $125,500.00 FISCAL IMPACT: The total cost of this change order is $76,500. Funds are budgeted and ~available in the Pelican Bay Wellfield project. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Interim Public Utilities Engineering Director to execute amendment to Work Order CDM- FT-00-03 with Camp Dresser & McKee, Inc. AGE,N D,A No, Pg. I Executive Summary Amend Work Order CDM-FT-00-03 Page 2 Alicia Abbott, Project Manager Public Utilities Engineering Department Date: REVIEWED BY: _~_/~ J~.....---~ .... Date: Karl W. Boyer, P.E., (5~ Interim Public Utilities Engineering Director Jos h B Cheatham, Wastewater Director ~PROVED BY:/'" ~ ?,~" :/ Date: ~d~d ~. Fi~, Interim Public Utilities Adminis~ator Date: AGENDA tT~VI/ ~ No..l G ~--(/.) t,.3-? pg._ ~ AMENDMENT 1 WORK ORDER # ' CDM-FT-00-03 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract /t98-2835) This Work Order is for professional engineering services for work known as (Title) Pelican Bay Wellfield Rehabilitation {Reason for Project) To provide additional hydrogeological services related to replacement of damaged wells· The work is specified in the proposal dated July 18, 2000 , which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # CDM-FT-00-03 is assigned to Camp Dresser & Mckee Inc. Scope of Work: (List all tasks: Task I. Tv'k 2, etc.) Task I: Perform field tes,s Task 3: Analyze and estimate data Task 5: Re-set production pump Task 2: Remove pump and video well Task 4: Fluid develop well screen & air develop well Task 6: Provide summary Report & Recommendations Ameudment 1: Drill new wells~ install casing~ air develop wells, conduct _step drawdown tests, plug and abandon wells. Schedule of Work: Complete work within 90 days frotn receipt of the Notice to Proceed authorizing start of work Compensation: In accordarete with Article Five of tile Agreement, tile County will compensate the Firm in accordance with tile negotiated lump sum amonnt indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schcdole"A" of the Agreement), Per Well Cost Total Task I $1,200 $ 4,400 Task 2 $1,500 $ 6,000 Task 3 $ 4,800 Task 4 $5,800 $23.200 Task 5 $1,200 $ 4,800 Task 6 $ 5,800 AMENDMENT I _$76,500 TOTAL FEE $125,500 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedole "A" of the Agreement. I'REPARED BY: t~ ~ -~D -~ Al~ia Abbott,~roj~ ~~ Date AUTItORIZED BY: ~- 9'0~ J atham, Wastewater DireCtor ' Date APPROVED BY: Karl W Boyer, P.E., Interim PUE Director ACCEPIED BY: Name of Firm Approved as to Form and Legal $ufficieucy: AGENDA-ITEM/ t, T T F. S T: (Corporate Secretary) Mario 5. Marcaccio Signature Assistant Secretary Type Name and Title Fnod: 414 Cost Center: 263611 Object Code: 631400 Project No : 74039 l'¢mplatclSN/WO Fixed Fc~m Pro Eng Scrv 2 EXECUTIVE SUMMARY AWARD BID #00-3123 BAYSHORE DRIVE BEAUTIFICATION, LANDSCAPING AND IRRIGATION OBJECTIVE: To enhance the quality of life for Bayshore residents through the improvement of roadway landscaping. CONSIDERATION: 1. On July 14, 2000, forty (40) notices were sent to prospective bidders. On August 15, 2000, five (5) bids were opened. a. Landscape Florida, the low bid, was fully responsive. b. The bid from Tropical Landscape did not include a bid bond and was deemed non-responsive. c. The bid from Arazoza Bros. did not include proposal page TR-P-3 with pricing and was deemed non-responsive. d. The bid from Blue Heron Irrigation was not presented with the proposal pages from Addenda #1 and #2 because neither Addendum was sent to Blue Heron as the company was not on the planholders' list. A re-analysis of the Blue Heron bid, using the unit prices bid, and the quantities changed by Addenda, provides a total bid price of $781,380.08, the second lowest bid received. e. Hannula Landscaping, Inc. was the highest bid received and was fully responsive. 3. Upon review of the bids, staff recommends award of Bid #00-3123 to Landscape Florida as the lowest responsive qualified bidder. FISCAL IMPACT: The contract amount of $742,690.29 is funded in Transportation J3perations Bayshore Drive M.S~T.U. Beautification. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners award Bid #00-3123 to Landscape Florida, Inc. and authorize the Chairman to execute the standard construction agreement after review by the County Attorney's office. AGE, ND~A No. ~{r~ SEe 2 2000 Pg. ~ Executive Summary Award Bid #00-3123 Bayshore Drive Beautification Landscaping and Imgation Page 2 SUBMITTED BY: Bob P/etersen, Engi een r 1I,,;La/Ixtk " Edwar~ J. Kant, 7'!/Transportation Services Director Gwen Baltler, Interim Purchasing/GS Director APPROVED BY: :Date Noi'mj~t'n E. Feder, AICP, Transportation Administrator / No. ~(,- ~ kl~_r~ --~ 1 y 2000 EXECUTIVE SUMMARY AMENDED 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FF_~TIVAL REGADING ADVERTISING AND PROMOTION OBJECTIVE: To have the Board of County Commissioners approve this amended agreement between Collier County and the Marco Island Film Festival regarding advertising and promotion. CONSIDEI~ATION: On June 27, 2000, the Board of County Commissioners approved an increase for this event by $45,000 to make the total TDC commitment for this event $87,000. The Board of County Commissioners approved an agreement between the Marco Island Film Festival and Collier County at the August 1, 2000 board meeting. A scrivener's error was made in the 2000 Tourism Agreement for the Marco Island Film Festival when the Tourism Agreement was submitted at the board meeting. The agreement should have stated in the eligible expenditure section (3) that the County agrees to pay any eligible expenditures incurred between March 1, 2000 and the expiration of this agreement. The attached Tourism Agreement has been amended to reflect the above change. FISCAL IMPACT: Funds are available in the project for the Marco Island Film Festival. A budget amendment has already been completed and a project number assigned. GROWTH MANAGEMENT PLAN: None AGENDA ITEM.. ,,. No. BEACH COMMITTEE'S RECOMMENDATION: M/A TOURIST DEVELOPMENT COUNCIL'S RECOMMENDATION: On April 17, 2000, the Tourist Development Council reviewed an application for the Marco Island Film Festival in the amount of $42,000 regarding advertising and promotion for this event. The event was recommended for funding by a unanimous vote (7-0}. STAFF RECOMMENDATION: To have the Board of County Commissioners accept this amended FY2000 Tourism Agreement between Collier County and the Marco Island Film Festival, and authorize the Chairman to sign the amended agreement. PREPARED BY: INATOR DATE REVIEWED BY: DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. AMENDED 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND FILM FESTIVAL, INC. REGARDING 2000 MARCO ISLAND FILM FESTIVAL THIS AGREEMENT, is made and entered into this ,/~ day of~~_~a, 2000, by and between the Marco Island Film Festival, Inc., a Florida corporation, hereina~er referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereina~er referred to as "Plan") funded by proceeds from the Tourist Developmere Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or evems intended to bring tourists to Collier County, and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for the promotion and advertising of the Marco Island Film Festival, to be held on October 11-15, 2000 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In aeeo~snee with the Budget attached as ExMbit "A", the GRANTEE shall provide advertising and promotion of the Event, to be held October 11-15, 2000. The date(s) of the Event may not be changed without an amendmere to this Agreemere as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agxeem~ shall be Eighty-seven Thousand ($$7,000). The GRANTEE shall be paid in accordance with fiscal proeed~ of the County for expenditures incurred for the promotion and advertising expenses as desert'bed in Section I upon submittal of an invoice and upon verilieation that the services desert'bed in the invoice are completed or that goods have been receive t ....... A~'' ~ ' SEP 12 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are author;a~l and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exlu~it "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accor~ with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or perfommnce of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials fi'om previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the attached "Extu~bit A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (l 0%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES: Only eligible expendinires described in Section I will be paid by COUNTY. COUNTY agrees to pay any eligl~ble expenditures incurred between March 1, 2000 and the expiration of this agreement. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said timds. COUNTY may request repayment of fands for a period of up to three years at~er termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration 2 $EP 2000 l I of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agree~t by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded purerant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be respons~le for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreea~nt for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising om of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought again~ , the COI INITV ~ ~nv blo. ~f/ f~ /i) t.~9I 3 -- employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit off or lack off sufflciem insurance protection. 8. NOTICES: All notices fi'om the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified ~ii to the GRANTEE at the following address: Maury Dailey, President Marco Island Film Festival, Inc. P.O. Box 2002 Marco Island, FL 34146 All notices fi'om the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County AdminisUator c/o Housing & Urban Improvement Director 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. I0. TERMINATION: The COUNTY or the (RANTEE may eaueel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or eonUacmal obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the te ~rmination so long as such expenses are eligible. Provided, however, or if GRANTEE ~il.~ to hold the e¥~nt or aet~_ GRANTEE AGENDA'ITEM' SEP 1 2 2000 4 pg. ~'~ , shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commi~ioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinem books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or h-ansfer in whole or in part its interest in this Agreemere without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on September 12, 2000 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of thi.~ Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by ORANTEE during the term of this Agreement and any extension thereto shall be available for funtin applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee, along with a final budget analysis, within ninety (60) days of the date of the Event. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors.AGENDA IZ.F_l~ll ~.: SEP2iOg J ........ ....J 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and at~er recommendation by the Tourist Developmere Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an author:~zed person or agent, hereunder set their hands and seals on the date and year first above written. Printed/Typed Name BOARD 00~ CO~fi~[SSIONERS COLLIER'C.O~, FLORIDA J. GRANTEE: ~CO I~L~ ~LM ~S~V~, ~C. Printed/Typed Name PrintezVfyl~l Title Approved as to form and legal sufficiency (corporate seal) Ramiro ~ch Chief Assistant County Attorney 6 MAR CO ISLAND FILM FESTIVAL MARKETING PLAN- 2000 ADVERTISING $ 24,000.00 Print Media Includes: Brochures Rack cards / envelope stuffers Post cards - 5000 Internet Newsletters / maps Magazines PUBLIC RELATIONS $ 63,OO0.0O Public Relations Campaign includes the following: Press kits/Press Releases pre and post event Film Industry Special Guests (includes expenses) Targeting National and Regional print media Media Invitations (includes expenses) Interview Opportunities Public Service Announcements Bylined Articles Travel and Event Calendars Daily Newspapers National and Regional Magazines In-flight magazines Electronic media - television and internet TOTAL __$ AGENDA, IT,~.M, ,. No. /~, 87,000.00 COI.LIER COUNTY GOVERNN'IENT COMMUNITY 13EVELOI)NIENT AND EN\~IP, f)NMENTAI~ SERVICES I)lVISION Housing and [;than Improvement l)epartment 3050 North Itorscshoe DriYe, Suite 145 Naples, Florida 34104 August 16, 2000 Mr. Fiori William Perdichizzi Marco Island Historical Society P.O. Box 2282 Marco Island, FL 34146 Regarding: Matching Funds Dear Mr. Perdichizzi: I have reviewed both the letters you faxed to me on July 29, 2000. What you are asking is if we will recognize a donation of one of the items that was identified on the exhibit "A", which was included in the $11,600 that you are required to raise. After reviexv of the minutes from the June 13, 2000 Board of County Commissioners meeting, the motion was make to fund the $13,900 upon confirmation that the organization has raised $11,600 in cash opposed to in kind donations. If you have any questions please give me a call at 403-2332. Sincerely, Eichhorn TDC Coordinator c: Timothy J. Constantine Tom W. Olliff, County Manager Vince A. Cautero, AICP, CDES Administrator Greg Mihalic, HUI Director Enclosures (3) AGENDA ITEM,, ,,, No. I/~ C,-'-(L,,)(~,) Phone (941) 403-2330 Fax (941) 403-2331 www. co.collier. fl.us/hui 'Zstat~l-i_rJ~ed-YVlaxj 17, ~994 July 29, 2000 'J~.O. ?,ox 225_, ~^lc[rco Js[~u~d~ f~ 34146 (94~) 394-69~7 Mr. Timothy J. Constantine Chairman 3301 Tamiami Trail E Naples, FL 34112 Dear Commissioner Constantine, The Marco Island Historical Society is in the process of raising funds according to the requirements of the Board to qualify for $13,900 recommended by the TDC. We must raise funds in the amount of $11,600 for the items on Schedule A that were not approved in order to qualify. Item Number 2. of Schedule A, Electrified, Climate Controlled Storage Unit, has just been donated to us. This was a response to an article we placed in the Naples Daily News dated July 22, 2000, detailing tl:e Society's need for storage space to properly house and store valuable island history currently deteriorating in inappropriate spaces such as garages and attics. A local businessman, Michael Kelly of Progressive Auto Storage, read the story and offered 1,800 square feet of climate-controlled, security-controlled storage space. The space he has given us is bigger and more valuable than we envisioned. ~¥qfile we recognize that this is not a "cash" contribution it is a donation of one of our schednled items which is included in the $11,600 that ~ve were required to raise. Therefore, we request that you accept this valuable donation as meeting all or part of our obligations to raise funds. Attached is a copy of Mr. Kelly's letter dated July 26, 2000 stating the amount of area donated and its current value. Sincerely, Fiori William Perdichizzi AGENDA I'DS, M 26, 2000 Marco island Mistor].ca]. Society P.O.Box 2282 MarCo Island, FI 34146 .-;~ ::5'~ ' :~:¢'~<N. lng the ar~ic!e in the Naples Daily N~ws on:"::~:;::'::">$' /'~- ~T~ YA :,:,~.% :<.:~.:.>...:.27... ~.. ,....,.. , . ':<~::.::. ye'-~['~ you ~or~ ~nd eabal~g your historxcal '~:k:~? ~ ' '~[~' thab this will ~ave -ou $18,000 ~o 20,000 high ...~~an uae toward your goal o~ ~ucu, irinq a perman~n~ home, Wa are glad to b~ o[ h~Ip, Sinc=_raty Yours, ,~ichael Ket 1 !~ A'~ENDA ITEM. June1~,2000 lB, w.s their ability b) raise private money, They raised 661,000 on their own. They funded the Improvementl to the Palm Co~ge on their I think It's a fair aonaern if you're net sure that you can raise $tt~000. I think there needs ~o be a mntch here. I think that's a - that's being consistent and I think that's a good Idea. MR. MIHALICi How about COMMISSIONER MAG'KIE; CHAI R~AN CONSTANTINE: Do you want to p~ thlt In the form ~ a ~al motion? COMMItlONER MAG'KIB Y~h. I move ~t we fund this Mque~t In ~e amount of $13,900 upon conh~aticn thmt o~anlzatlon ~ prately- has mep. rately ralm~ - i don't ca~ If It's pdv~ or public money-- hu ~pi~ly ~lsed $t 1,GOD ~r- MR. MIHALIG: We'll ~ewe the ~nde for thl. purple they have ralaed the ~1 COMMI8810NER MAC'KIE: ~d that the ~nds be ~~d at thl. point and only paid once the~'i p~ of th.t t1~600 hi~ng be~ rmlM .epamtely f~m ~!s. CHAI~AN CONSTANTINE ~ I mums th~t'l ~d In c~:~ a. op~ead ~ In ~nd danatlo~ M t~e ~d COMMISBIONER MAG'KIEI YeL Cash. COMMISSIONER BERRY: Second. CHAIR~N CONSTANTINE: Motion and I second. Any ~er dlscu~ion? See none~ all thoBe In fa~rt pl~ee Brats a~. A~ody opposed? Motion ce~les Item #8A8 TOLIR!ST DEVELOPMENT COUNCIL FUNDINg FOR THE COLLIER COUNTY MUSlUM8 AND EXTENDINO DEBT BEI~VICE PAYMENTS FOR THE PUI~CHASE O1' ROBENT'$ RANCH TO TIN YBAR8 - &~PROVED N~xt on~ ml~t oven go smoother; 8(n)(8}. Page 143 AG ENDA_FI-IEM. ,~ Pa, .../LFImageDisplay. exe?doc=9294&page= 156&fit= 1 &xlen=640&ylen= 1000&xsource=2544 08/14/2000 EXECUTIVE SUMMARY APPROVE AN INCREASE IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) FOR NON-BID ITEMS FOR ANNUAL BID #98-2821, CONTRACTUAL SERVICES FOR TRAFFIC SIGNALS AND STREET LIGHTS. OBJECTIVE: That the Board of County Commissioners approve an increase in the dollar amount for non-bid items for annual bid//98-2821, Contractual Services for Traffic Signals and Street Lights. CONSIDERATION: The Transportation Operations Department utilizes annual bid //98-2821, Contractual Services for Traffic Signals and Street Lights for new installations and maintenance of traffic signals and street lights throughout the county. Although every effort is made to bid all parts necessary. for the installation and repair of traffic signals and street lights, and due to the dynamic nature of such installations and repairs, it is necessary to purchase items not specifically priced under this bid. Staff is requesting approval of the increase from the Board in order to pay outstanding invoices and invoices anticipated for installations and repairs for traffic signals and street lights for the remaining FY 2000. FISCAL IMPACT: The additional $5,000 of non-bid items will have no fiscal impact since this amount will be deducted from the bid line on the purchase order. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve an increase of five thousand dollars ($5,000.00) in non-bid items for annual bid #98-2821, Contractual Services for Traffic Signals and Street Lights. Da~...~./lpathon, P.~i~Tr~c~ions Manager Edward J. ~L~~spo~ation Operation Director Gw~Bhtl~t~ Purch~ing,/GS Director ~PROVED BY: M~~ac~~ i~df;~o~ation Administrator Date: Date: ~-~7/ff.- ,~t9 EXECUTIVE SUMMARY APPROVE TASK ASSIGNMENT FOR PROFESSIONAL ENGINEERING SERVICES BY MALCOLM PIRNIE, FOR SOLID WASTE CHARACTERIZATION AND PROGRAM ANALYSIS STUDY, RFP 00-3046. OBJECTIVE: To receive the Board's approval of the negotiated contract for Task #2, Odor Monitoring and Investigation at Naples Landfill, for Professional Engineering Services by Malcolm Pirnie, Inc. for the Solid Waste Characterization and Program Analysis Study for RFP #00-3046, which was approved by the Board on 05/02/00, agenda item 16 (B)(29). CONSIDERATIONS: To have the Board approve assignment of Sub-Tasks 2.1 and 2.2 of Task #2 with Malcolm Pirnie, Inc. Malcolm Pirnie has been selected under RFP #00- 3046 to conduct a solid waste characterization and program analysis study for the County. The cost for Task #2 is summarized below: A lump sum payment of $33,500 will cover all labor and expenses associated with the Task II assignment. Sub-Task 2.1 requires Malcolm Pirnie to "Develop Odor Monitoring Plan". Sub-Task 2.2 is to "Evaluate Primary and Secondary Odor Sources". This is to be accomplished by evaluating the existing landfill gas collection system design (Primary Source) and by identifying other potential odor sources (Secondary Sources). Malcolm Pirnie will submit a letter report to the County detailing the developed monitoring plan. The consultant will use its best efforts to submit this letter report by September 1, 2000 but no later than October 31, 2000. Task No. 1 Task No. 2 100% Submittal 100% Submittal $ 43,500 (completed) $ 33,500 (to be assigned) Additional tasks will be negotiated. Results of contract negotiations for these tasks will be presented to the Board, along with a negotiated contract, for approval by the BCC upon completion. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Funds are not specifically budgeted. A budget amendment in the amount of $33,500 will be required to move funds from solid waste fund reserves to the operating budget. RECOMMENDATION: That the Board of County Commissioners: 1) Approve task assignment for Sub-Tasks 2.1 and 2.2 of Task #2, Odor Monitoring and Investigation at Naples Landfill, pursuant to RFP #00-3046, and 2) Approve necessary budget amendments to reflect the negotiated cont[ Pg. ( SUBMITTED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., Interim Solid Waste Management Director DATE: REVIEWED BY: / Gwen Butler, Acting Director Purchasing Department Edw&rd N. Finn, Interim Public Utilities Administrator DATE: DATE: MALCOLM PIRNIE, INC, ENVIRONMENTAL ENGINEERS, SCIENTISTS & PLANNERS July 28, 2000 G. George Yilmaz, P.E., Ph.D. Interim Solid Waste Department Director Collier County Solid Waste Department 3301 E. Tamiami Trail Building H Naples, FL 34104 Re: RFP #00-3046 Solid Waste Characterization and Program Analysis Dear Mr, Yilmaz: Malcolm Pimie, Inc. is pleased to submit this proposal and fee schedule to perform Task II (Odor Monitoring and Investigation at the Naples Landfill) for Collier County in accordance with the above referenced project. This proposal has been revised per our discussion on July 27, 2000. The detailed scope of services for this task is described in Attachment 1. We are proposing a lump sum fee of $33,500 to cover all labor and expenses associated with subtasks 2.1 (Develop Odor Monitoring Plan) and 2.2 (Evaluate Primary and Secondary Odor Sources), as detailed the attachment. The budget for Subtask 2.3 (Provide As- Requested Support Services) shall be prepared separately at the time such services are requested by the County, and will be based upon the fee schedule contained in Attachment 2. If you have any questions, or require additional information, please do not hesitate to contact us. Very truly yours, AGENDA ITEM,, No. I ~ (r~0t~ MALCOLM PIRNIE, INC. ~ pg ~ Stephen C. Schwarz, P.E., DEE Vice President Attachment c: Rob French, Malcolm Pimie (FTM) Steve Nesbitt, Malcolm Pirnie (NEW) 1100 LEEWAGENERBLVD SUITE 320 FT. LAUDERDALE, EL 33315-3567 Scott C. Shannon, Project Manager 954-359-3699 fax 954-359-8261 htipi/£WWw. pirme,com ATTACHMENT 1 TASK II. ODOR MONITORING AND INVESTIGATION AT THE NAPLES LANDFILL SCOPE OF SERVICES The Consultant shall provide professional services required..to investigate and monitor odors currently being experienced at the Naples Landfill. The purpose of this task is for the Consultant to: (1) develop a plan for monitoring the odors emanating from the Naples Landfill site, (2) investigate/verify the design of the existing landfill gas collection system, and (3) to review the studies and activities being undertaken by the landfill operator to control these odors. This will allow the Consultant to make recommendations to Collier County regarding long-term waste disposal alternatives, which may include use of the Naples Landfill. Consultant shall perform the following subtasks: 2.1 Develop Odor Monitoring Plan Consultant shall develop a monitoring plan to effectively characterize the odors emanating from the Naples landfill site. Specifically, Consultant will review data from the County and landfill operator, including: · Landfill site plan · As-built drawings of the landfill cells and locations of equipment including manholes, leachate pump stations, and landfill gas wells · Results of previous odor monitoring conducted by the County and/or landfill operator (including locations where complaints have been reported) · Available local meteorological data (e.g., prevailing wind directions) Based on this information, and one site visit to con finn layouts and locations, Consultant shall recommend appropriate parameters to monitor for (e.g., hydrogen sulfide, or other species that may serve as an indicator for landfill gas), and appropriate monitoring locations and frequencies to: (1) characterize odor emissions from the landfill site, and (2) provide for the monitoring of those areas where citizen complaints originate. The monitoring plan will be developed to consider the use of the County's existing monitoring equipment, and will recommend additional equipment that may be required. Attachment 1 Consultant shall submit a letter report to the County detailing the developed monitoring plan. Consultant will use its best efforts to submit this letter report by Septeml otherwise shall submit this letter report by September 30, 2000. . 2.2 Evaluate Primary and Secondary Odor Sources Consultant shall evaluate the design of the existing landfill gas collection system, which is presumed to be the primary source of odors on the site, and will identify potential secondary odor sources on the site and discuss control strategies for any such sources identified. Consultant shall issue a technical memorandum to the County indicating the findings of this evaluation. 2.2.1 Evaluate the Existing Landfill Gas Collection System Design (Primary Source) Consultant will conduct an independent evaluation of the existing landfill gas collection system at the Naples Landfill. To perform this evaluation, Consultant will develop a conceptual model of the Naples Landfill to predict theoretical landfill gas generation rates based upon site specific information. Once the landfill gas generation rates are estimated, Consultant will determine the capacity/horsepower requirements of the system to adequately collect the estimated quantities of landfill gas. Consultant will compare the mechanical design/specifications of the existing blower(s) and flare to the required capacity indicated by the conceptual site model to determine whether the existing system is properly sized. Consultant will also review the plans and details indicating the spatial design of the landfill gas well field. 2.2.2 Identify and Discuss Other Potential Odor Sources (Secondary Sources) Consultant will conduct a walk-through inspection to identify other potential sources (aside from the landfill gas collection system) of odors on the Naples Landfill site. Such sources could include, but may not be limited to construction and demolition debris processing, and mulching operations. Consultant will discuss the potential secondary sources identified in its technical memorandum to the County, and will include general control strategies that may be considered to reduce or control odors from these sources. Consultant shall submit a letter report to the County indicating the findings of this evaluation. Consultant will use its best efforts to submit this letter report by September 30, 2000, but otherwise shall submit this letter report by October 31, 2000. Subtasks 2.1 and 2.2 shall be performed for a lump sum fee of $33,500. 2.3 Provide As-Requested Support Services Consultant shall provide additional engineering, technical, and/or professional services to the County on an as-requested basis. Upon the County's request, Consultant will prepare a separate budget estimate for each requested service. These budget estimates will be based on the fee schedule contained in Attachment 2. AGENDA I T,F_~/ No, As-requested support services may include, but not be limited to, the followin ;: Attachment 1 2 2.3.1 Consent Order Assistance Consultant shall advise the County with respect to its Consent Order (OGC File Number 00-0926-11-SW) on the Naples Landfill from the Florida Department of Environmental Protection. 2.3.2 Review Activities of Landfill Operator Consultant shall conduct periodic inspections of the Naples Landfill site to observe conditions that may be contributing to the production and transport of odors from the site, and activities being performed by the landfill operator and/or other consultants to control odor production or transport from the site. The budget for this task anticipates three site visits for two persons per visit. Consultant shall review correspondence between the County, the landfill operator, other consultants, and regulatory agencies, as appropriate to understand the nature of the odor problem at the Naples Landfill and the activities or practices being implemented or considered to control such odors. Consultant assumes that one of the activities of the landfill operator includes upgrading and expanding the existing landfill gas collection system, which we believe to be inadequate. As part of this task, and based upon the findings of Subtask 2.2, Consultant shall review the operator's proposed expansion and give the County our opinion as to its adequacy. Consultant shall attend meetings with the County, the landfill operator, and other consultants, to participate in discussions regarding proposed odor control strategies for the Naples Landfill, and to provide comments to the County on the odor control strategies being considered. The budget for this task anticipates attendance at two meetings for two persons per meeting. Attachment I 3 ATTACHMENT 2 SUMMARY OF STANDARD CHARGES This document describes the basis for compensation and terms of payment. All rates presented apply to services rendered after duly I, 21~00 and are subject to adjustment on January I ofeach subsequent year. In addition to these fees, cliems will also be responsible for any sales or value-added taxes that may apply to engineering servsce, performed. Hourly Rates: Charges for services provided will be in accordance with the following schedule: C!assificatioll Ho~,rly Rate Technical Level I $ 68/hr Tech#ieal Level 2 125 Professional Level '1 93 Professional Level 2 120 Professional Level'.3 143 Professional Level 4 193 Professional Level $ 256 Overtime - No overtime premium is charged for project work outside of normal working hours. Other Direct Costs: All expenses incurred for a project, except in-house services specified below, from outside vendors will be invoiced at cost plus 10% to cover administrative expenses. These items may include, but are not limited to: shipping charges; printing; supplies; equipment; traveling expenses; special insurance; licenses; permits; or subcontractors. In-house services consist of: · Transportation · Reproduction · Laboratory · Equipment $0.35/mile for automobiles $0.45/mile for 4x4 vehicles and trucks $0. l l/copy for standard page sized documents Unit prices for sample testing, handling, and storage are available for individual assignments A schedule of usage rates for specialty equipment is available for field assignments Confidential Business Information AGENDAJTEM. No.~,,~ APPROYAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/12/00) Pollution Control & Prevention (Fund 114) Budget Amendment #00-425 Operatino_ Expenses $9,900 Reserves Reserve for Contingencies (9,900) Total: -0o Explanation: Funds are needed for additional outside lab analysis of water samples. ITEM ,~ ,. No.~O~ APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9112100) Court Administration (Fund 681) Budget Amendment #00-369 Circuit Court Costs Attorney Fees Court Counselink $10,000 Salaries (10,000) Total: -0- Explanation: Funds are needed due to court appointed attorney fees and costs. APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/12/00) Neuter/Spay Trust Fund (Fund 610) Budget Amendment #00-432 Operating Expenses $9.500 Reserves Reserve for Contingencies (4,600) Reserve for Cash Balance (4.900) Total:' -0~ Explanation: Funds are needed to pay tbr unanticipated number of spay/neuter surgeries on animals adopted from Domestic Animal Services. I APPROYAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/12/00) Neuter/Spay Trust Fund (Fund 610) Budget Amendment g00.432 Operating Expenses $9,500 Reserves Reserve for Contingencies (4,600) Reserve for Cash Balance (4,900) Total: -0- Explanation: Funds are needed to pay for unanticipated number of spay/neuter surgeries on animals adopted from Domestic Animal Services. AGENDA ITEM." ,.,, s~P ~ 2 ~oo EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.752, "TIM FLICK COMMERCIAL EXCAVATION" LOCATED IN SECTION 15, 16, TOWNSHIP 48 SOUTH, RANGE 27 EAST; BOUNDED ON THE NORTH BY 33 AVENUE NW. RIGHT-OF- WAY, ON THE WEST BY VACANT LOT, ON THE SOUTH CANAL RIGHT-OF-WAY, AND ON THE EAST BY CANAL RIGHT-OF-WAY. OBJECTIVE: To issue Excavation Permit No. 59.752 for Tim Flick Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 13,619 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900- Development Services Revenues generated by this project Total $3,036.00 The breakdown is as follows: a) Excavation Review Fee- $850.00 b) Excavation Permit Fee - $109.00 c) Road Impact Fee- $2,077.00 GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORIC/ARCHAEOLOGICAL IMPACT: None PLANNING COMMISSION RECOMMENDATION: No EAC public hearing was required because of the size of the excavation. ~,C~/~A ITEM SEP 1 2 2000 ~ CCPC RECOMMENDATIONS: No CCPC public hearing was required PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.752 for Tim Flick Commercial Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 18' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation depth of 6'below the dry season water table. 2. Off-site removal of material shall be limited to 13619 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5).No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. Groundwater shall not be pumped during the excavation. o Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. o If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. 11. Operation shall be limited to one year, with provision for a 1-year extension. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. naro~ ~ SEP I 2 2000 Pg. ~ REVIEWE~ BY: ~ [ THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~V ~/BY: ~& ///,~/ - ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ¢/~//¢ DATE ¢/2~/~ ~ I / DATE DA~E EX SUMMARY/ ~A I'IEM SEP 1 2 2CiD j COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS ~I'VOLVING OFF-SFFE R~MOVAL OF M~TERL~ The intent of these "Standard Conditions" are to provide excavaion permit applicants a summary of conditions which may affect their projects and which should be token into consideration during all stages of project development: Haul mutes between an excavalion site and an arterial road shall be privale with property owner(s) approval or be a public coilec~r road built to stan~ applicable to haadle the resulting truck traffic. Wher~ residential areas fi~nt collector roads, appropriate turn lanes, buffer amt bikepath shall be required as minimal site improvements and if recommemied for approval, shall be so with the condition tha~ the Transportation Services Administration reserves the right to suspend or prohibit o/f-site removal of excavated material should such removal create a h=:'~rdouz mad condition or substantially detenoram a road comiition; such action by the Transportation Services Admimstration shall be subject to appeal before the Board of County Commissioners. Haul mutes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in ac, cordan~ with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavamd maierial shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall' be made by the County to determine the effects thai off-site removal of excavated moxerial will have on the road system within the excavaUon projec~'s zone of influence. If appropriate, mad impa~ fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation pcrmit. o $EP 1 2 2000 m Based on soil boring information per Ordinance No. 91-102 as amended. a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the fight to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the mwimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure mventory/momtoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Co Control of size/depth/number of charges per blast by the Development Services Director. The right of the County. to suspend and/or revoke blasting permit :,,,thonty should it be denermmed that blasting activities are creating unacceptable off-sire conditions either m te,-,s of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to pwper mitigation of off-site impacts, meeting of applicable pwvisions of Ordinance No. 93-6~, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letIer of 5/24/88 Revised 1/13/98 A~qDA SEP 1 2 21 APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/12/00) General Fund (001) Public Information Budget Amendment #00-450 Operating, Expenses - Public Information Regular Salaries $29,062, Operating Expenses - Real Property Regular Salaries (29,062) Total: Explanation: Funds are needed to pay for the Agenda Coordinator position and overall personnel budget shortfall. Clam Bay Restoration (Fund 320) Budget Amendment #00-466 Operating Expenses - Interior Tidal Creeks, [, II &III Improvements - General $8,553 Operating Expenses - Clam Bay Restoration Improvements - General (8,553) Total: -0- Explanation: To frond additional channel excavation work to improve'water flow to the impacted mangrove die-off area. Pg. i i I EXECUTIVE SUMMARY WAIVE THE REQUIREMENT FOR FORMAL COMPETITION AND APPROVE THE PURCHASE OF LIGHT POSTS, PLANTERS, PLANTER POSTS, DECORATIVE RAILING AND PLANTER EMBELLISHMENTS FOR BAYSHORE M.S.T.U. BEAUTIFICATION OBJECTIVE: To enhance the quality of life for Bayshore residents through the improvement of roadway landscaping CONSIDERATION: 1. The Bayshore M.S.T.U. was established three (3) years ago and agreed to an additional assessment of three (3) mils for three (3) years for the beautification of the Bayshore street right-of-ways and medians. 2. The M.S.T.U. reviewed samples, technical data and pricing and determined that Pennsylvania Globe offered the best lighting product, Spencer Fabrications, Inc. offered the best railing and planter embellishment products, and Dura Art Stone offered the best planter and post product. Also, the Board of County Commissioners have previously selected these specialty items through the Master Plan. 3. This project is scheduled for completion by the end of 2000. The manufacturing lead time for these ironwork products is fourteen (14) to sixteen (16) weeks, which would put the delivery of these products at the project completion date without considering installation time. 4. In order to expedite the completion of the Bayshore beautification project, staff recommends that the Board waive the requirement for formal competition for purchases over the $25,000.00 bid limit and approve the purchase of the light posts from Pennsylvania Globe ($11,180.00), the railing and planter embellishments from Spencer Fabrications, Inc. ($81,512.80), and the planters and rail posts from Dura Art Stone ($35,159.00). FISCAL IMPACT: The contract amount of $127,851.80 is funded in Transportation Operations Bayshore Drive M.S.T.U. Beautification. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: The Board of County Commissioners waive the requirement for formal competition and approve the purchase of the fabricated ironwork from Pennsylvania Globe, Spencer Fabrications, Inc., and Dura Art Stoe for the Bayshore beautification project as herein described. AGENDA ITEM No. ~ . · '"',. Executive Summary WAIVE PURCHASING POLICY AND APPROVE THE OF PURCHASE OF LIGHT POSTS, PLANTERS, AND DECORATIVE RAILING FOR BAYSHORE M.S.T.U. BEAUTIFICATION Page 2 SUBMITTED BY: REVEIWED BY: REVIEWED BY: Gwen B,~tler, Interim Purchasing/GS Director //./'~ ~-~_..~ Date: APPROVED BY:Nor~;~n E. F(~der, AICP, Transportation Administrator Bob Petersen, En. gineer I ,~___..La.~rd'scape MSTU Liason Edward J. Kan~/~,, Transpo~ '' ' ITEM FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 12, 2000 Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 91-1318-MMA, 92-1639-MI, 96-5048-MMA, 97-9858-MMA, 0001584MMA, 9707184MMA, 9901821CFA, 0003480MMA, 9803636MMA, 9908329MMA, 0004901MMA, 9801897MMA, 9906773MMA, 9806158MMA, 0004217MMA, 0004120MMA, 0003940MMA, 9905664MMA, 9703593MMA, 9908700MMA, 9804129MMA, 0002513MMA, 9907210MMA, 0000719MMA, 98001710CFA, 0003727MMA, 9708842MMA, 9001492CFA, 9908874MMA, 0005069MMA, 9907459MMA, 0004608MMA, 9900394MMA, 9908507MMA, 0003082MMA, 0000008MMA, 9903382MMA, 9810034MMA, 9809150MMA, 0001794MMA, 9910444MMA, 0000255MMA, 9703792MMA, 9903308MMA, 9807147MMA, 9808424MMA, 9901508MMA, 9811411MMA, 9909651MMA, 0002784MMA, 9907188MMA, 0002193MMA, 9907602MMA, 9907035MMA, 9908893MMA, 9904067MMA, 9907720MMA, 9908322MMA, 9903625MMA, 9903374MMA, 0000496MMA~ 0001852MMA, 0000747MMA, 9808501MMA, 9908856MMA, 9800391CFA, 9908388MMA MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: A. Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. July 5- 11, 2000 2. July 12-18, 2000 3. July 19 - 25, 2000 4. July 26, 2000 - August 1, 2000 5. August 2 - 8, 2000 6. August 9 - 15, 2000 B. August 21, 2000 letter from Clerk of The Circuit Court - Proof of Publication - "Unclaimed Funds - In accordance with Florida Statutes, Chapter 116.21 (2), enclosed please find an Affidavit of Publication for the listing of unclaimed moneys being held by the Collier County Clerk of the Circuit Court." Page 1 of 4 4. Districts: mo Heritage Greens Community Development District - Minutes of June 12, 2000 meeting, Audited General Purpose Financial Statements of September 30, 1999, Management Letter and Comments, Local Government Annual Financial Report for Fiscal Year '98/'99 Key Marco Community Development District - Agenda for April 19, 2000 meeting and minutes of April 19, 2000 and May 16, 2000 meetings with Proposed Preliminary Budget for 2001 attachment and Audited General Purpose Financial Statements with Outstanding Bonds Description of September 30, 1999, Management letter and comments, Local Government Annual Financial Report for Fiscal Year 98/99 Go Collier Soil and Water Conservation District- Notice of July 13 and August 2, 2000 meetings Do Fiddler's Creek Community Development District - Minutes of May 24, 2000 meeting, Audited General Purpose Financial Statements of September 30, 1999,, Management letter and comments, Local Government Annual Financial Report for Fiscal Year 98/99 Cedar Hammock Community Development District- Minutes of June 12, 2000 meeting with attachments held by the Board of Supervisors Fo Pelican Marsh Community Development District - Audited General Purpose Financial Statements of September 30, 1999, Management letter, and Local Government Annual Financial Report Lely Community Development District - Audited General Purpose Financial Statements of September 30, 1999, Management letter, and Local Government Annual Financial Report H° Naples Heritage Community Development District - Agenda for June 12, 2000 meeting and minutes of June 12, 2000 meeting, Audited General Purpose Financial Statements, September 30, 1999, Management Letter and Response to Management Letter, and Local Government Annual Financial Report for fiscal Year 98/99 Port of the Islands Community District - Agenda for April 20, 2000 and minutes of April 20, 2000 meeting Cow Slough Water Control District- Budget for Fiscal Year 2000/2001 and Monthly and Annual Landowner's Meeting Schedule Dates for 2000/2001. Page 2 of 4 Mediterra South Community Development District - Minutes of May 24, 2000 meeting with the following attachments: Preliminary Operating budget for Fiscal Year 2001 and Construction Financial Statements, unaudited for December 31, 1999 Co Big Corkscrew Island Fire Control and Rescue District - Annual Audited Financial Reports dated September 30, 1999, Management Letter and Rebuttal to Management Letter Minutes: Collier County Metropolitan Planning Organization - Agenda for June 23, 2000 and August 4, 2000 meetings Pelican Bay MSTBU Advisory Committee - Agenda for July 13, 2000 meeting, minutes of June 7, 2000 meeting Go Collier County Planning Commission - Agenda for August 17, 2000 meeting and minutes of July 20, 2000 meeting Emergency Medical Services Advisory Council - Agenda or July 26, 2000 meeting and minutes of June 28, 2000 meeting Rural Fringe Area Assessment Oversight Committee - Agenda of July 12, 2000, July 26, 2000 and August 23,200 meetings, minutes of May 31, June 21, June 28 and August 9, 2000 meetings Fo Collier County Airport Authority Noise Committee - Agenda for June 28, 2000 and July 18, 2000 meetings Go Collier County Airport Authority - Agenda for July 18, 2000 "Special Meeting" and Agenda for August 21, 2000 meeting Rural Lands Area Assessment Oversight Committee -Agenda for July 17, 2000 meeting and minutes of May 15, 2000 and June 19, 2000 meetings Immokalee Beautification M.S.T.U. Advisory Committee - Minutes of June 21, 2000 meeting Library Advisory Board - Agenda for June 28, 2000 meeting and minutes of May 27, 2000 meeting ro Parks and Recreation Advisory - Agenda for June 28, 2000 and August 23, 2000 meetings and minutes of May 24, 2000 and June 28, 2000 meetings Co Collier Government Productivity Committee - Agenda for June 21, 2000 meeting and draft minutes of June 21, 2000 meeting Page 3 of 4 o M. Select Committee on Community Character & Design - Agenda for July 25, 2000 meeting and minutes of May 23, 2000 meeting N. Environmental Advisory Council - Agenda for August 2, 2000 meeting O. Code Enforcement Board of Collier County - Minutes of July 27, 2000 meeting P. Collier County Water & Wastewater Authority - Minutes of April 24, 2000 meeting Q. Environmental Advisory Council - Minutes of July 5, 2000 meeting R. City/County Beach Renourishment Advisory Committee - Agenda for August 3, 2000 meeting S. Historic & Archaeological Preservation Board - Agenda for July 21, 2000 meeting T. Bayshore Beautification Advisory Committee - Agenda for July 6, 2000 meeting and minutes of June 15, 2000 meeting U. Golden Gate Beautification Advisory Committee - Agenda for July 11, 2000 meeting and minutes of June 13, 2000 meeting Tax Collector: A. Errors and Insolvencies list for the tax year 1999 Page 4 of 4 EXECUTIVE SUMMARY ESTABLISH THE PROJECT BUDGET TO MITIGATE FOR THE PLANNED TAXIWAY AT MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To establish the budget for a project that will provide mitigation for the planned parallel taxiway at the Marco Island Executive Airport. CONSIDERATION: The Collier County Airport Authority must provide environmental mitigation for the land that will be used for the construction of the planned parallel taxiway at the Marco Island Executive Airport. The total cost of the project is $350,000. The Authority has secured a $280,000 grant from the Florida Department of Transportation to fund 80% of this environmental mitigation project. The Authority needs to provide $70,000, which represents 20% of the project. The Board of County Commissioners has previously approved funding of $55,000 for land acquisition for this mitigation. At this time land acquisition is not required, as mitigation sites in public lands have been identified. The Authority proposes to use the previously approved $55,000 toward the $70,000 match required for the mitigation project. The remaining $15,000 match will come from a parking lot overlay and landscape project ($12,000) and reserves ($3,000). No additional funding is required from the Board of County Commissioners. GROWTH IMPACT: N/A FISCAL IMPACT: Approval of this budget amendment will increase the Airport Capital Fund (496) total by $280,000, which recognizes the $280,000 grant. No additional County funding is required for this project. RECOMMENDATION: Approve the budget amendment as described above. GARY(~INCENT Finance Manager REVIEWED B AGENDA ITEM,. No. EXECUTIVE SUMMARY ESTABLISH THE PROJECT BUDGET TO WIDEN ONE-HALF MILE OF COUNTY ROAD 846 SOUTH OF IMMOKALEE REGIONAL AIRPORT OBJECTIVE: To establish the budget for a project that will widen to four (4) lanes a half mile section of County Road 846 along the south side of Immokalee Regional Airport and construct a loop road in the Immokalee Regional Airport Industrial Park. CONSIDERATION: On December 14, 1999 the Board adopted Resolution 99-466 supporting the Collier County Airport Authority's efforts to obtain a grant from Enterprise Florida to widen a half mile portion of County Road 846 and to construct a loop road in the airport industrial park. The Airport Authority has received a 100% Enterprise Florida grant in the amount of $1,648,000. No matching funds from the County are required in order to receive this grant. A budget amendment is required to establish the budget for this project. GROWTH IMPACT: N/A FISCAL IMPACT: Approval of this budget amendment will increase the Airport Capital Fund (496) total by $1,648,000. No County funding is required for this grant. RECOMMENDATION: Approve the budget amendment as described above. ' ?.ARY A..(~ENT ~1 Finance Manager REVIEWED B /ff'~ /"~HN H. DRURY A.A.~ ~ ~ E~utive Director ~ ' A G E,N~)A .ITJ~ IVy,, 5:? 1 2 ~$OLUTIO~T NO. g~ RE~OLUTION OF THE BOARO O1~ COUNTY COMMISfflONF. R~ Ol~ ~LLIER ~, ~O~A, SUP~R~NG ~E ~EN~ OF A ON~ ~ ~~ OF COU~ ~ 946 A~NG THE SOU~ S~E OF I~O~R' ~GION~ ~ORT AGENDA JT, EM COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioners Mac'Kie and Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Excellence in Industry Awards Luncheon Public Purpose: Economic Development Council- constituent contact Date of Function / Event: Wednesday, September 20, 2000 Amount to be paid by the County: $35 per commissioner attending Mileage: N/A EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT, ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, HIGHWAY SAFETY FUNDS GRANT APPLICATION, AND UPON AWARD, ACCEPT THE GRANT AND APPROVE APPLICABLE BUDGET AMENDMENTS FOR THE SHERIFF'S OFFICE IMMOKALEE D.U.I. ENFORCEMENT PROJECT. OBJECTIVE: To have the Collier County Commission be the coordinating unit of government, endorse the Sheriff's Office State of Florida, Department of Transportation Highway Safety Funds grant application for second year funding for the Immokalee D.U.I. Enforcement Project, and upon award, accept the grant and approve applicable budget amendments. CONSIDERATIONS: The Collier County Commission has participated in the Department of Transportation grant programs in 1989, 1990, 1991, 1992, 1993, 1997, 1998, 1999, and 2000. o The Department of Transportation grant funded projects have proven to be valuable to Collier County. The Department of Transportation has allocated $37,152 to Collier County for the State F/Y 2001 Immokalee D.U.I. Enforcement Project to be implemented by the Sheriff's Office. o The Department of Transportation requires the Collier County Commission to be the coordinating unit of government. The Collier County Sheriff's Office requests that the County Commission execute the necessary documents to allow the formal application process for second year funding to be submitted. o To streamline procedures, to save Board of County Commission time, and to reduce paperwork and personnel time in preparing executive summaries, an all inclusive request is being made for grant application/award procedures. Board authorization is being sought to accept the grant when awarded and to approve, upon award, appli .... -~GENDA=iT~M~ amendments. N0.~ FISCAL IMPACT: $15,684 local matching funds. $8,800 from Fund 602 fiscal year 2001 budget (602-929020-911150) and $6,884 from the Sheriff's Office Federal Equitable Sharing funds. GROWTH IMPACT: This grant is a continuing three year grant program that requires reapplication each fiscal year. This second year grant period is for October 1, 2000 through September 30, 2001. If the grant funds are terminated or other grant funding is not available at the end of the third year, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION: That the Collier County Commission endorse the Subgrant Application for Highway Safety Funds application for second year funding for fiscal year 2000/01, and upon award, accept the grant and approve applicable budget amendments. PREPARED BY: APPROVED BY: DATE: Crystal K. Kinzel, Finan~.! Director August 14, 2000 jh/xsdui2 AGENDA II~.~ No. '& K ~' _ SEP 1 2 2000 II~40KALEE D. U. I. ENFORCEMENT PROJECT PROJECTIONS FISCAL YEAR FISCAL YEAR TOTALS 2001/2002 2002/2003 DOT GRANT FUNDS $27,800 $0 $27,800 REQUIRED MATCH $27,800 $0 $27,800 OTHER GRANTS OR $3,400 $62,300 $65,700 GENERAL OPERATING BUDGET TOTALS $59,000 $62,300 $121,300 j h/xsdui2 · %ATE OF FLORIDA DEPARTMEN1' OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS FORM SAFE OGC -OS/t. or D. O. T. Use On/y Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety'Subgrant Applications) 1. .Project T. itle: Immokalee D.U.I. Enforcement Project 2. Type of Application: O Initial I~ Continuation 3. Requested Subgrant Period: October it 2000 to 4. Support Matching Sought: $37,152 Share: $15,684 September. 30 ~ 2001 Total Budget: $52,836 ApplicantAgency(Subgrantee): Collier County Board of County Co~nissioners 3301 East Tamiami Trail, Building F Government Complex Naples, Florida 34112 Naples, Implementing Agency: Collier County Sheriff's Office 3301 East Tamiami Trail, Building O Government Complex Florida 34112 Telephone: 941-774-8393 Telephone: 941-774-4434 7. Federal ID Number: 8. State SAMAS Number (State Agencies Only) 59-6000-558 N/A 9. 10. ChiefFinancial Officer: James Mitchell 3301 East Tamiami Trail Courthouse Plaza III/2 Naples, Florida 34112 Pr~ect Director: Chief William Stiess 3301 East Tamiami Trail, Government Complex Naples, Florida 34112 Building J Telephone: 941-774-4434 941-774-6179 Telephone: 11. Project Summary: Bdefiy describe the problem and the proposed solution. The Collier County SherifFs Office is seeking this grant to continue to support one D.U.I. enforcement Deputy position in Ihe northeast Collier County farming community of Immokalee. This Immokalee dedicated and other D.U.I. enforcement officers will continue to provide D.U.I. enforcement five to six days a week. Traffic units and D.U.I. enforcement officers will conduct combined enforcement efforts on '. a regular basis to combat the D.U.I. problems in the Immokalee area. Number- 20.600, State end Community Highway Safety Program. Funds Pmwded by U.S. Department of Transportation. Na~'ona! Highway Traffic Safety Administration, Catalog of Federal ~omestic Assisfan~'e - FORM 500.0~5< $AFE'T OG[:: - 08t9.~ Part I1: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) State below and use continuation pages as necessary. IMMOKALEE D.U.I. ENFORCEMENT PROJECT II I. Statement o£Problem Immokalee is a small farming community in northeastern Collier County with a permanent population of 5,000 people. During the farming season the population can increase to approximately 15,000 to 20,000 people. Many of the seasonal workers do not have driver licenses and drive while impaired. Five (5) people died'in crashes in the Immokalee area in 1999. Alcohol was not a factor in any of the deaths. Five hundred nine (509) crashes occurred on Immokalee roadways in 1999 and twenty five (25) were alcohol related. Seven (7) people died in crashes in 1998. Alcohol was a factor in five (5) deaths. Five hundred forty nine (549) crashes occurred in Immokalee in 1998 and two hundred fourteen (214) were alcohol related. These figures are higher than in 1997, with four hundred thirteen (413) total crashes, one hundred twenty (120) alcohol related crashes, and four (4) fatalities. The most number of crashes occurred from Friday at 9 PM through Sunday at 3 AM. Most of the crashes occur during the months of August through Ap.ril when the population swells with seasonal farm workersl 2. Proposed Solution The Collier County Sheriffs Office !mmokalee D.U.I. enforcement Deputy will enforce impaired driving laws in the Immokalee area. The Deputy will receive continuing D.U.I. training and his Work schedule will provide coverage on primarily weekend nights. The Deputy's vehicle is equipped with a video camera and radar. The SherifFs Office D.U.I. public awareness programs will continue. Presentations on impaired driving will be made at schools, civic organizations, and business groups. The Immokalee D.U.I. Deputy will have the assistance of current D.U.I. Deputies with these presentations. Two (2) D.U.I. traffic checkpoints will be conducted in the Immokalee area in fiscal year 2001. Saturation patrols with current Deputies assigned to D.U.I. Enforcement will assist in the patrols. 2 FORM 500-0~ .SAF. OGC · 0,"~ $. Objectives To arrest at least l 0 more impaired drivers in 2001 than arrested in 1999 in the ]mmokalee area. To conduct 2 D.U.I. sobriety checkpoints in the Immokalee area. To conduct at least 12 public awareness presentations. To reduce the number of alcohol-related crashes recorded in the Immokalee area by 10% during 2001. 4, Evaluation Department of Highway Safety and Motor Vehicles data will be used by the Sheriffs Office to evaluate the success of the Immokalee D.U.I. Enforcem6nt Project. The main focus of the evaluation will be the number of D.U.I. arrests. Evaluation sources will also include local statistics. The results on the citations issued and the effectiveness of the D.U.I. checkpoints and public awareness presentations will also be reviewed. The number of D.U.I. citations, checkpoints and public awareness presentations will be measured for effectiveness. 5. Milestones (see form provided) jbYa:dui ! pn 3 FORI~ 5O0-( ,5/- OGC. ¢ Timetable for Milestones Milestones ~,, Quarter2rid Quarter3rd Quarter4th Quarter OCT NOV DEC JAN =EB MAR APR MAY JUN JUL AUG S CONDUCT CHECKPOINTS X X S~D GRANT FUNDED DEPUTY . TO D.U. ! . TRAINING X X CONDUCT PUBLIC AWARENESS X X X X X X X 'X X X X X ACTIVITIES ~FORCE SAFETY BELT AND OCCUPANT PROTECTION LAWS X X X X X X X X X X X ~ X MONITOR/EVALUATE PROGRAM X X X X X X" X X X X X X SUBMIT CLAIMS X X X X X X X X X X X X SUBMIT QUARTERLY REPORTS X X X X SUBMIT FINAL REPORT X 4 pg. '~ FORM 500-C, $AF OGC. 0~ Part II1: PROJECT DETAIL BUDGET ,].Project Title: Immoka]e~ D.U.I. Enforcement Project ~.Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Basic salary for one Deputy 834,839.00 $26,129.25 $0.00 $ 8,709.7 Benefits for one Deputy 14,297.00 10,722.75 $0.00 3,574.2 Sub-total $49,136.00 $36,852.00 $0.00 $12,284.0 B. Contractual Services Sub-total $0. O0 $0.00 $0. O0 80.0 C. Expenses D.U.I. Symposium $ 300.00 $ 300.00 $0.00 $0.0 Other agency costs 3,400.00 0.00 0.00 3,400.0 Sub-total $ 3,700.00 $ 300.00 $0.00 $ 3,400.C D. Operating Capital Outlay Sub-total $0.00 $0.00 $0.00 $0.¢ E. Indirect Cost Su~t0tal $0.00 $0. O0 $0. O0 $0.£ Total Cost of Project $52,836.00 $37,152.00 $0.00 i$15,684.£ 5 Budget Modification Nu Effective Date: ~OR~ C~-,C - BUDGET NARRATIVE Project Title:Irrmokalee D. Project Number: Contract Number: The following.is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each calegory must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. FEDERAL LOCAL personnel Services Costs to be reimbursed in this category include the base salary and benefits for one Deputy. 100 hours of court overtime is included. Benefits include FICA, retirement, incentive, health and life insurance, and worker's comp- ensation. $36,852.00 $12,284.00 Expenses Costs to be reimbursed with federal funds in this category Include registration and travel costs for the D.U.I. Symposium. The Agency will provide a local match to cover other training, fuel & lube, insurance, and miscellaneous other costs. Total $ 300.00 $ 0.o0 $ 0.00 $ 3.400.00 $37:152.00 $15,684.00 jh/a:d2bn Budget Modification Num Effective Date: J3en AGEND/), IT~, 'r,1o.~ lb .~ FORM 500-0~ SAF~ OGC · ~Quarterly Progress Report Narrative for the Part IV: REPORTS quarter. .oject Title: In~nokalee D.U.I. Enforcen~nt Project' Project Number: Implementing Agency: Collier County Sheriff's Office Project Director: Chief William Stiess Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. 7 FORM 500-06 $AF OGC - Ob QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. -- Pr0je~ Tille: ~n~okalee D.U.I. Enforce~nt Proiect Projecl Number: Implementing Agency: Collier County Sheriff's Office Project Director: Chief William Stiess Milestones Accomplished Performance I n d i c at o rs Ouarler Oua Ne~ S ix-Mo~th Oua rter Qua der Project Ending E nding T olels E riding Ending Totals December 31 March 31 June 30 Seplember Number of D.U.I. Arrests ' Number of D.U.I. Checkpoints hosted by other agencies at which grant funded Deputy ~rticimated .... Number of Public Awareness Presentations Number of Safety Belt Violations issued by entire agency Number of Child Safety Seat Violations issued by entire agency Number of D.U.I. Checkpoints hosted by the Sheriff's Office '~Project Title: I.~nokalee D.U.I. Enforcement Project roject Number: implementingAgency: Collier County Sheriff's Office Project Director: Chief William Stiess The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) FORM 500-[ OGC. Final Narrative Report 9 FORM 500-0~ SAF OGC. 0,r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. The term subgrantee as used in Part V refers to the subgrantee and its implementing agency. Part I through Part IV, attached to this agreement, are incorporated by reference herein. Reports. The subgrantee shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 if there was subgrant activity during the quarter prior to the deadline. The subgrantee shall submit a Final Narrative Report, giving chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be returned to the subgrantee unpaid if the required reports are past due. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federa expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Uniform Administrative Requirements for Grants anc Cooperative Agreements to State and Local Governments; 49 CFR 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; National Highway Traffic Safety Administration (NHTSA) Order 462- 13A, Principle~ for Determining Costs Applicable to Grants and Contracts with State and Local Governments; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State and Local Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. The subgrantee, by entering into this agreement, certifies that it meets and will comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. Compliance with Chapter 287, Florida Statutes. The subgrantee agrees to satisfy all requirements provided in Chapter 287, Florida Statutes, and other applicable state law. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approw in writing all subgrantee's consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee. Approval of the subgrant agreement does not constitute approval of a consultant or contractor agreement. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in th Applicable Federal Law and state law, to be eligible for reimbursement. 10 AGENDA II~M No. FORM ,500.06 :SAFL Travel. Travel costs for approved travel will be reimbursed in accordance with regulations applicable to the subgrantee, and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Off'ice prior to the commencement of actual travel. Written Approval of Changes. The subgrantee must obtain prior written approval from the State Safety Office for changes to the agreement. For example: (a) Changes in project activities, goals and objectives, or research plans set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. o Reimbursement Obligation. The State of Florida's pedormance and obligation to reimburse the subgrantee will be subject to the availability of Federal Highway Safety funds and an annual appropriation by the Legislature. As approved in 49 CFR, Part 29, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred or otherwise excluded from doing business with the Federal government. The subgrantee shall submit the required .certification by consultants with awards in excess of the small purchase threshold (currently $25,000). Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the State Safety Office. If the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, may extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's consultants and contractors which shall be attributed to the subgrantee, the subgrantee shall not be in default by reason of any failure in performance of this ag~ eement in accordance with its terms if such failure adses out of causes beyond the control and without the fault or negligence of the subgrantee. Such causes may include but are not restrictted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. AGEN~ IT~,A~. ? 11 FORM 500-0~[ SAFE OGC - O6/'., 11. 12. 13. 14. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs" incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee or approved contractor or consultant performs the service required, or when goods are received by the subgrantee, notwithstanding the date of order. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the subgrantee's consultant(s) or contractor(s) and supplier(s), the Department shall impose such sanctions as it deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Access to Records. The Department, NHTSA, Federal. Highway Administration (FHWA), and the Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantee and it's consultants and contractors under this agreement, as provided under .Applicable Federal Law. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee in conjunction with the subgrant. Audit. Acceptance of this agreement constitutes subgrantee assurance that all audits shall be conducted under the guidelines of OMB Circular No. A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. For fiscal years beginning on or before June 30, 1998, the reporting packages and data collection forms shall be submitted to the State Safety Office program manager by the subgrantee within the earlier of 30 . days after the receipt of the auditor's report, or 13 months after the end of the subgrantee's fiscal year. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or nine months after the end of the subgrantee's fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 12 months after the end of the subgrantee's fiscal year. The date the audit report was delivered to the subgrantee must be indicated by the subgrantee in correspondence accompanying the audit report, or reporting package, and data collection form. The subgrantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. The subgrantee shall also submit required audit documentation as follows: A reporting package and a data collection form for all audits conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Street, Jefferson, IN 47132. Reports of Audits conducted in accordance with Section 216.349, F.S., and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General, P.O. Box 1735, Tallahassee, FL 32301- 1735. be a basis for denial or refund, or both, of Federal funds. Federal funds determined b be misspent must be refunded to the Department, regardless of disclosure in the aud Failure to furnish an acceptable audit as determined by the State or cognizant Federal audit agency may f the Department to. [ repq~LI~ENDA I~,~, No. 12 FORM500-~: SAFE 16. 17. 18. 19. 20. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (Department Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. Requests should be submitted on a regular basis as costs are incurred and payment is made. All requests for reimbursement for Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more must be a~:companied by a Non-Expendable Property Accountability Record (Department Form No. 500-065-09). Payment of the Operating Capital Outlay costs will not be made before receipt of this form. A final financial request for reimbursement must be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request must be distinctly identified as Final. Failure to comply 'will be grounds for forfeiture of reimbursement. Retention of Records. All records and financial documents must be maintained for a minimum period of three years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records also must be maintained and accessible in accordance with Section 18.42 of 49 CFR 18 or Section 19.53 of 49 CFR 19. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of Section 18.34 of 49 CFR 18, Section 19.36 of 49 CFR 19, or OMB Circular A-110, Attachment N, Paragraph 8. Property Accountability. The subgrantee shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this .agreement in accordance with Federal Property Management Standards as set forth in Section 18.32 of 49 CFR 18, Section 19.34 of 49 CFR 19, or OMB Circular A-110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this agreement. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with Department's decision. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement o pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above must include the following statement on the cover page: 13 FORM 500-0~ SAFe_ OGC - 0~'~ 22. 23. (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida in cooperation with the National Highway Traffic Safety Administration, U.S. ' Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation or any other agency of the State or Federal Government. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from thi., subgrant award. The subgrantee agrees to comply with E.O. 11246, as amended by E.O. 11375, and as supplemented by 41 CFR part 60. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to the negligent acts of subgrantee, and its contractor, consultant, agents and employees. The subgrantee shall be liable for any loss of, or injury to, any material developed or serviced under this subgrant agreement which is caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee agrees to the following assurance: The subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the awar and performance of any USDOT-assisted contract or in the administration of its DBE program or the-. requirements of 49 CFR part 26. The subgrantee'shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. The subgrantee's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee agrees to include the following assurance in each contract the subgrantee signs with a consultant or contractor and to require its consultant or contractor to include this assurance ir all subcontract agreements: The subgrantee's consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national odgin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the subgrantee or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee agrees to comply and require it's consultants and contractors to c¢ ,~'~' .... 20, New Restrictions on Lobbying, for filing of certification and disclosure forms. 14 pg I FORM 500-05~ SAFE OGC · 061: 27. 28. 29. 30. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds must be closed captioned for the hearing impaired. Public Awareness Materials and Promotional Items. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review and written approval for reimbursement. The name of the subgrantee and its logo can be used on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on September 30, following, unless so .stipulated by the State Safety Office. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et sef.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et sef.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel. The head of any subgrantee receiving first year funding for a new position(s) through this agreement shall provide written notification to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded within 30 days of the agreement being awarded. 32. 33. 34. Any and all employees of the subgrantee whose positions are funded, in whole or in part through this agreement, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the USDOT, may repossess any equipment purchased with Federal highway safety funds that is not being used by the subgrantee for the purposes described in the subgrant agreement. Items that are repossessed will be disbursed to agencies that agree to use the equipment for the intended activity. Replacement or Repair of Equipment. The subgrantee is responsible for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. Ineligibility for Future Funding. The subgrantee may be ruled ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, AGENDA, ITI~M, · No.~l 15 FORM 500.06 SAF ~ OGC - o~ (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Special Conditions. (a) All subgrantee agencies must have a written safety belt policy which is enforced for all employees o' the agency. A copy of the policy must be attached to the subgrant application. (b) Any law enfomement agency receiving highway safety funds must have a standard operating procedures (SOP) regarding enforcement of safety belt and child safety seat laws. A copy of the SOP must be attached to the subgrant application, and safety belt and child seat citation totals mus be reported on the Quarterly Progress Report of Performance Indicators. (c) The head of any agency purchasing equipment costing more than $500 per item must send a letter to the Safety Off, ce upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state or local funds. (d) Recipients of federal and state funds are to have audits done annually using the following criteria. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States OfFice of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB CircularA-133 is not required. If a recipient expends less than $300,000. in Federal awards during its fiscal year and elects to have an audit conducted in accordance with the OMB CircularA-133, the cost of the audit must be paid from non-Federal funds. In the event that a recipient expends $300,000 or more in State award funds during its fiscal year, the recipie'nt must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, ar Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. 16 Pg. I~ FORM 500-0' SAF~ OGC - ~ (e) (f) Reporting Packages and management letters generated from audits conducted in accordance. with OMB CircularA-133 and Financial Reporting Packages generated in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to th( awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. The recipient shall follow up and take corrective actions on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers sha be given to FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB CircularA-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201° East 10th Street Jefferson, IN 47132 A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 Financial reimbursement forms must be submitted to the State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. Agencies that host sobriety checkpoints, shall attach a copy of each After Action Report to the appropriate quarterly report form. i? '%GE'NpA No,, FORM 5430.0~ OGC - 08, PROJECT NUMBER: IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of,,- the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officia on the day, month, and year set out below. D. O. T. Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERAL FUNDS ALLOCATED for the Department of Transportation: By: . Attorney- DOT Date: SUBGRANTEE Collier county Board of co~nissioners Name of Applicant Agency Typed By:, Signature of Authorized Representative Timothy J. Constantine Authorized Representative's Name Typed Title: Chairman, Collier County Commission Date: Attest: Signature of I/tr#ness By: '" Don Hunter Administrator's Name Typed T~le: Sheriff, Collier County NOTE: No whiteout or erasures accepted on this signature pagi. No.- 18 FORM OGC. I~, iNPROJECT NUMBER:. WITNESS'WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of is Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of ~ mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANTEE Collier county Board of Commissioners Name of Applicant Agency Typed By: By:, Signature of Authorized Representative Title: Ti..mothy J. Constantine Authorized Representative's Name Typed Date: Title: Chairman, Collier County Convission A~e~: Date: Attest: Signature of VVitne$s FEDERAL FUNDS ALLOCATED Reviewed for the Department of Transportation: By: A~orney- DOT By: ' -' Don Hunter Administrator's Name Typed :)ate: TEle: Sheriff, Collier County NOTE: No whiteout or erasures accepted on this signature page. 18 FORM 500-0~ $AFL OGC - 08, NUMBER: IN WITNESS'WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration o~ the mutual covenants. promises and representations herein have executed this Agreement by their undersigned offici%,, on the day. month, and year set out below. T. Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANTEE Collier County Board of Co~nissioners Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Timothy J. Constantine Authorfzed Representative'$ Name Typed Date: Title: Chairman, Collier County Commission Attest: Date: FEDERAL FUNDS ALLOCATED ;wed for the Department of Transportation: By:., Attorney- DOT Date: Attest: Signature of Witness Don Hunter Administrators Name Typed Title: Sheriff, Collier County NOTE: No whiteout or erasures accepted on this signature page. 18 PAPER FORM 500-065 SAFE,, OGC. ~ LiNPROJECT NUMBER:. WITNESS'WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of is Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of .,e mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERAL FUNDS ALLOCATED Reviewed for the Department of Transportation: By: Attorney. DOT Date: SUBGRANTEE By:, Collier county Board of Commissioners Name of Applicant Agency Typed Signature of Authorized Representative Timothy J. Constantine Authorized Representafive's Name Typed Title: Chairman, Collier County Co~wnission Date: Attest: Signature of Witness By: '~ '--~~reWo;~Administrator Don Hunter Administrator's Name Typed T~le: Sheriff, Collier County AGENDA No. JLo NOTE: No whiteout or erasures accepted on this signature page. 18 ~pproved ~ to form ~_ieg Am~t~ta~t C, mmty ...... EXECUTIVE SUMMARY APPROVE CORRECTIVE STIPULATED FINAL JUDGMENT REGARDING THE EASEMENT ACQUISITION OF PARCEL 84-T IN COLLIER COUNTY V. JOHN B. F.4SSETT, TRUSTEE (LIVINGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL ROAD). OBJECTIVE: That the Board of County Commissioners approve the Corrective Stipulated Final Judgment which provides for the deposit of $7,000 by the County in order to satisfy the full and final compensation and attorney's fees stipulated to by the parties in a Stipulated Final Judgment entered on July 14, 2000 for the acquisition of Parcel No. 84-T in Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated 6/05/86, et al., Case No. 99-3040- CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the roadway improvements to Livingston Road from Immokalee Road to Imperial Road (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $92,400 for Parcel No. 84-T in accordance with the Order of Taking. On June 27, 2000, the Board of County Commissioners approved a Stipulated Final Judgment which provided for recovery of an additional $21,000 as full compensation for Parcel 84-T and an award of attorney's fees in the amount of $7,000. At that time a deposit of $21,000 was authorized by the Board. This amount should have been $28,000, as the additional $21,000 did not include the $7,000 for attorney's fees. On July 14, 2000, the Court entered the approved Stipulated Final Judgment. The Stipulated Final Judgment provides for $113,400 to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 84-T and $7,000 as reasonable attorney's fees. To date, the County has deposited only $113,400. To comply with the terms of the Stipulated Final Judgment, $7,000.00 must be deposited in the Registry of the Court. Staff has reviewed the County's obligation to deposit an additional $7,000 as stated in the Corrective Stipulated Final Judgment and consider it necessary to effectuate the agreement of the parties set forth in the Stipulated Final Judgment. FISCAL IMPACT: A budget amendment is needed to transfer $7,000.00 from the Impact Fee District 1 Reserve Fund into Project No. 65041. GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. 1 AC~NDA ITEM No. 1 2 20i0 I RECOMMENDATION: That the Board of County Commissioners: Approve the Corrective Stipulated Final Judgment; Approve the budget amendment for transfer of $7,000 from Impact Fee District 1 Reserve Fund into Project No. 65041; and o Direct staff to deposit an additional $7,000.00 into the Registry of the Court upon execution of the Corrective Stipulated Final Judgment by the Court. SUBMITTED B Date: c.,,,/,,~ Heidi F. Ashton //~Assistant County Attorney REVIEWED BY: ,,2~,~.~..,~ .-7~L ~'.-'//t.d-~',~Date: Rich Hellriegel, Project Manager, Transportation Engineering Dept. REVIEWED BY: '///~: ~/~ Date: ............... , Intc.~m Tr~sp~ation Adm~ms~ator Transpotation Engineering Dept. APPROVED BY: David C. Weig['l f_~ County Attorney Date: '~/~ h:GB\ExSum2000\Fassett-AmSFJ-hfa 2 AGENDA ~ NO, _~~ 12 2000 pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, Petitioner, Vo JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86. et al., Respondents. CASE NO.: 99-3040-CA PARCEL: 84-T CORRECTIVE STIPULATED FINAL JUDGMENT CAUSE having come before the Court upon Joint Motion made by Petitioner, THIS COLLI_ER COUNTY, and Respondents, JOHN J. STEUERER and GERTRUDE STEUERER, by apd through their respective counsel, for entry of a Corrective Stipulated Final Judgment as to Parcel No. 84-T, and it appearing to the Court that the parties are authorized to make such Motion, and the Court having made the following findings: 1. On July 14, 2000, a Stipulated Final Judgment was entered directing that an additional $21,000 be deposited by Petitioner as full compensation for Parcel 84~T and directing the recovery by Respondents of a reasonable attorney's fees in the amount of $7,000. 2. After entry of the Stipulated Final Judgment, Petitioner deposited the sum of $21,000 in the registry of the Court. 3. On August 14, 2000, Respondents obtained an order from this Court permitting the withdrawal of all deposits in the total amount of $113,400 as full compensation for 1: wcel 84-T. A~.NDA ITEM NO. .5'EP 1 2 2000 4. The Clerk disbursed the sum of $7,000 for attorney's fees to Richard D. Yovanovich, attorney for Respondents, as directed by the Stipulated Final Judgment, leaving a balance of $106,400 in the Court registry. 5. Thereafter it was discovered that the Stipulated Final Judgment failed to direct Petitioner to deposit a reasonable attorney's fee in the amount of $7,000, and that the additional sum of $7,000 (for a total of $28,000) had not been deposited, leaving a shortage of $7,000 on deposit. NOW, THEREFORE, it is ORDERED and ADJUDGED that ' Petitioner shall deposit an additional Seven Thousand and No/100 Dollars ($7,000.00) after approval by the Board of County Commissioners within thirty (30) days of the date of this Corrective Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall, immediately upon receipt of said funds, disburse the funds on deposit not to exceed the total amount of One Hundred Thirteen Thousand Four Hundred and No/100 Dollars ($113,400.00) to Respondents in care of Richard D. Yovanovich, Esq., Goodlette, Coleman & Johnson, 4001 North Tamiami Trail, Suite 300, Naples, Florida 34103; and it is further ORDERED, that the Court reserves jurisdiction to award appraisal fees as to Parcel No. 84- T; it is further ORDERED that no other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 84-T; and it is further ORDERED that the Stipulated Final Judgment dated July 14, 2000 is adopted and incorporated as if set forth verbatim herein, and remains in full force and effort as of the date of it entry. A C-. -. -. -. -. -. -. -. -~ ~ D A ITEM 2 st? 1 2 2000 q day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2000. Conformed Copies to: Heidi F. Ashton, Esq. Joe Fixel, Esq. Richard Yovanovich, Esq. Jean Howard, Esq. Vincent Murphy, Esq. Bookkeeping Ted Brousseau Circuit Court Judge 3 A~..NDA ITEM . N~. 5~P 1 2 2000 Pg. -~ _ JOINT MOTION FOIl CORRECTIVE STIPULATED FINAL JUDGMENT The Petitioner, COI]IER COUN'I~, and Respondents JOHN J. STE~ and GERTRUDE STE~, hereby stipuh~e to the foregoing findings of fact ~nd r~spc. cffully reques! this Court to cnwr the foregoing Corrective Stipulated Final Judgrntmt. Dated: Honda Bar No. 782599 GOODLET~, COLEMAN & JOHNSON 4001 North Tarm~ Trml, Suite 300 Naples, Florida 34103 Phone: (941) 4353535 Attorney for Respondents Dated: ~;~//~ /~2) ~-~HEml r. ASHTON, ~Q, ~da B~ No. 0~770 O~CE OP ~ CO~Y A~OR~Y H~on Turner Buil~ng 3301 E~t T~ Tr~l Naples, ~da 34112 Phone: (941) 774-84~ Atmey for Pe~Boner h L~l"~nkl. avak~sc~vSF! - 84T 4 AGENDA rTEM ., NO, ~ - EF' 1 2 2000 AGEHDA TRAN~MITTAk ~,,JP Date Submitted: 08/29/00 Requested Agenda Date: 09/12/00 lAgenda I.tc/~ i~. of Minutes l![__](7)Public Petitions (8C) Public Services (9) Attome), (12) Public Hearings (15) Communications --r-~ Heidi F. Ashton Division He~/ad: /-~~~: David C. Weigel Consent Agenda 14) BCC Communications Manager: D~te: Item Title: APPROVE CORRECTIVE STIPUATED FINAL JUDGMENT REGARDING THE EASEMENT ACQUISITION OF PARCEL 84-T IN COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE (LIVINGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL ROAD). List of Documents Attached: 1. Executive Summary 2. Stipulated Final Judgment 3. EXECUTIVE SUMMARY APPROVE CORRECTIVE STIPULATED FINAL JUDGMENT REGARDING THE EASEMENT ACQUISITION OF PARCEL 84-T IN COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE (LMNGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL ROAD). OBJECTIVE: That the Board of County Commissioners approve the Corrective Stipulated Final Judgment which provides for the deposit of $7,000 by the County in order to satisfy the full and final compensation and attorney's fees stipulated to by the parties in a Stipulated Final Judgment entered on July 14, 2000 for the acquisition of Parcel No. 84-T in Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated 6/05/86, et al., Case No. 99-3040- CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the roadway improvements to Livingston Road from Immokalee Road to Imperial Road (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $92,400 for Parcel No. 84-T in accordance with the Order of Taking. On June 27, 2000, the Board of County Commissioners approved a Stipulated Final Judgment which provided for recovery of an additional $21,000 as full compensation for Parcel 84-T and an award of attorney's fees in the amount of $7,000. At that time a deposit of $21,000 was authorized by the Board. This amount should have been $28,000, as the additional $21,000 did not include the $7,000 for attorney's fees. On July 14, 2000, the Court entered the approved Stipulated Final Judgment. The Stipulated Final Judgment provides for $113,400 to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 84-T and $7,000 as reasonable attorney's fees. To date, the County has deposited only $113,400. To comply with the terms of the Stipulated Final Judgment, $7,000.00 must be deposited in the Registry of the Court. Staff has reviewed the County's obligation to deposit an additional $7,000 as stated in the Corrective Stipulated Final Judgment and consider it necessary to effectuate the agreement of the parties set forth in the Stipulated Final Judgment. FISCAL IMPACT: A budget 'amendment is needed to transfer $7,000.00 from the Impact Fee District 1 Reserve Fund into Project No. 65041. GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. AC~NDA rl~M 1 See 1 2 RECOMMENDATION: That the Board of County Commissioners: Approve the Corrective Stipulated Final Judgment; Approve the budget amendment for tcansfer of $7,000 from Impact Fee District 1 Reserve Fund into Project No. 65041; and Direct staff to deposit an additional $7,000.00 into the Registry of the Court upon execution of the Corrective Stipulated Final Judgment by the Court. SLTBMITTED BY- ~'~~ Date: r~ Heidi F. Ashton C~Assistant County Attorney Rich Hellriegel, Project Manager, Transportation Engineering Dept. REVIEWED BY: APPROVED BY: David C. Weig~'l ~ County Attorney h:GBXExS um2000XFa.ssett-AmSFJ-hfa 2 AGENDA ITEM NO. st? 1 2 2000 AGENDA TRANSMITTAl. ~.JP Submitted: 08/29/00 Requested Agenda Date: 09/12/00 (5) Proclamations - Public Services (8D) Support Services - (10)~ (9) Auome¥ -1 (12) Public Hearin,Is ' ' s ' [" (14) BCC Communications [~] (15) Communications [~_(16) ConsentAgenda ~ Item Title: APPROVE CORRECTIVE STIPUATED FINAL JUDGMENT REGARDING THE EASEMENT ACQUISITION OF PARCEL 84-T IN COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE (LIVINGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL ROAD). List of Documents Attached: Executive Summary Stipulated Final Judgment EXECUTIVE SUMMARY APPROVE CORRECTIVE STIPULATED FINAL JUDGMENT REGARDING THE EASEMENT ACQUISITION OF PARCEL 84-T IN COLLIER COUNTY V. JOHN B. F.4SSETT, TRUSTEE (LIVINGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL ROAD). OBJECTIVE: That the Board of County Commissioners approve the Corrective Stipulated Final Judgment which provides for the deposit of $7,000 by the County in order to satisfy the full and final compensation and attorney's fees stipulated to by the parties in a Stipulated Final Judgment entered on July 14, 2000 for the acquisition of Parcel No. 84-T in Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated 6/05/86, et al., Case No. 99-3040- CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the roadway improvements to Livingston Road from Immokalee Road to Imperial Road (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sam of $92,400 for Parcel No. 84-T in accordance with the Order of Talcing. On June 27, 2000, the Board of County Commissioners approved a Stipulated Final Judgment which provided for recovery of an additional $21,000 as full compensation for Parcel 84-T and an award of attorney's fees in the amount of $7,000. At that time a deposit of $21,000 was authorized by the Board. This amount should have been $28,000, as the additional $21,000 did not include the $7,000 for attorney's fees. On July 14, 2000, the Court entered the approved Stipulated Final Judgment. The Stipulated Final Judgment provides for $113,400 to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 84-T and $7,000 as reasonable attorney's fees. To date, the County has deposited only $113,400. To comply with the terms of the Stipulated Final Judgment, $7,000.00 must be deposited in the Registry of the Court. Staff has reviewed the County's obligation to deposit an additional $7,000 as stated in the Corrective Stipulated Final Judgment and consider it necessary to effectuate the agreement of the parties set forth in the Stipulated Final Judgment. FISCAL IMPACT: A budget amendment is needed to transfer $7,000.00 from the Impact Fee District 1 Reserve Fund into Project No. 65041. GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. 1 2000 RECOMMENDATION: That the Board of County Commissioners: Approve the Corrective Stipulated Final Judgment; Approve the budget amendment for transfer of $7,000 from Impact Fee District 1 Reserve Fund into Project No. 65041; and Direct staff to deposit an additional $7,000.00 into the Registry of the Court execution of the Corrective Stipulated Final Judgment by the Court. upon r--,,/.~ Heidi F. Ashton C'~Assistant County Attorney Rich Hellriegel, Project Manager, Transportation Engineering Dept. REVIEWED BY: Transp~'tation Administrator Transl~ortation Engineering Dept. APPROVED BY: David C. Weig[1 ~ County Attorney h:GB~ExSum2000~Fassett-AmSFJ-hfa 2 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $67,100 OBJECTIVE: For the Board to approve a budget amendment in the amount of $67,100.00. CONSIDERATIONS: The Board previously authorized County Attorney's Office to hire Midwest Environmental Assistants Center as an expert to assist in preparation and presentation of the Noise Ordinance amendment. At that time, $1,500 was budgeted for these services. Due to extenuating circumstances, two consultants were required to remain at the Board meeting longer than anticipated and consequently incurred additional expenses of $900. The second item in the budget amendment relates to travel. Assistant County Attorney, Marjorie M. Student, has been requested to participate as a Technical Advisory Committee member for the "Content of Local Comprehensive Plans" committee to the Growth Management Study Commission created by Governor Jeb Bush. It is anticipated that this panel will meet approximately eight times during the next fiscal year at various locations throughout the state. Participation on this panel will provide Collier County the opportunity to have unique input into the potential reform of the state's growth management laws. We are complemented as to our legal reputation and expertise in land use law to be potentially selected for this state project of local impact. (see attachments) Since the panel will be meeting at least once more in this fiscal year and several times next fiscal year, we are requesting that $1,200 be budgeted in FY 1999/2000 and $10,000 be placed in the FY 2000/01 budget. If not needed, it won't be spent. The next item in the budget amendment is for operating expenses in the Office of the County Attorney. This has been a year of extraordinary expenses particularly in the areas of litigation and legal advertising. Litigation expenses include, but are not limited to court reporting expenses, additional long distance telephone charges, increased long distance fax charges, and clerk filing fees, legal advertising fees. Additional unplanned legal advertising expenses were also incurred for recruiting new employees that the Board approved earlier. In order to pay the outstanding invoices (approximately $5,000) and the anticipated invoices through the end of the fiscal year, we are requesting that $15,000 be placed in our operating budget. The last item in the budget amendment is for outside counsel. The original reduced outside counsel budget was $50,000. There were two budget amendments of $50,000 each for legal services provided by Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. for investigation and authorized litigation regarding the rocks on the beach matter. To date, we have expended approximately 60,200.00 of this amount leaving $39,00.00. Of the original $50,000 budgeted, $33,443.23 has been paid to Allen, Norton, & Blue, P.A. primarily on matters relating to union activities, labor related matters, and other human resource issues; $16,078.68 was paid to the Nabors, Giblin law firm on the lawsuit filed by the Clerk of Courts relating to the Judge Statues / County Courts Administration Budget issue; $572.04 was paid to the Carlton, Fields law firm for general matters; and $2338.90 has been paid to the Faerber, Cliff law firm on tl ~ lawsuit filed hv A~NDA ITEI~I NO. _'~~ SEP 1 2 2000 \ the Clerk of Courts relating to the Robinson & Cole land use consultant issue. This leaves a total of approximately $3,600.00 to pay outside counsel bills for the remainder of the year. We have a total of $23,700.00 invoices outstanding (not including approximately $19,000 outstanding from Siegfried, et al.). In order to pay the outstanding invoices and invoices through the end of the fiscal year, we are requesting that $40,000.00 be placed in our outside counsel budget. FISCAL IMPACT: Fiscal impact is $67,100.00. Funds are available in general funds reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment for the County Attorney Office in the amount of $67,100.00. Respectfully submitted by: l~avid C. Weigel, Coun~Fs~)Attorney H:dda~executive summaries/2000/general budget amendment Date: A~.-.~NDA rn~M _ $EP 1 2 2000 pg. 88/85/88 16:4] FL ASSOC OF COUNTIES a 19419?48225 N0.758 P002x008 ...: GOVERNOR BUSH CREATES GROWl'It MANAGEMENT STUDY COMMISSION-7Page I of 3 FOR ZMMEDZATE RELEASE July 3, 2000 CONTACT: Justin Sayfie {850) 488-5394 w.~.w_dfi g ov. co_r[] GOVERNOR BUSH CREATES GROWTH MANAGEMENT STUDY COMMZSS%ON TALLAHASSEE J- Governor lab Bush today created the Growth Management Study Commission to review FlorIda's current system of managing growth. The Commission is tasked with finding solutions that better meet the needs of FlorIda's growlag population, varied landscape and water resources. The 23-member Commission will focus on providing a blueprint for action that better ensures quality communities well into the 21st century, encouraging better citizen participation, streamlining the complex process of land planning, protecting private property rights and fostering urban renewal and viable agricultural economies. "Floridlens deserve to be part of a growth management system that not only preserves their quality of life, but is less complex, less regulatory and more community based," Governor Bush said. Orange County Chairman Hel Martinez will serve as the chairperson. The Commission will spend the next seven months holding public meetings around the state to consider trends and conditions affecting FlorIda's environment, economy and quality of life. It will also Identify goals for planning and directing the future growth of the State. The general public will have an opportunity to provide Input at these meetings. "I am honored to serve as chairman of this very important Commission," Chairman Martinez said. "This Commission is made up of FlorIda's leaders wl~o care, as I do, about our wonderful quahty of life. Together, we will set forth principles to guide Florida's growth through more local authority, while at the same time protecting property rights and our natural resources. I am looking forward to working with my fellow Commissioners to create a policy of sensible growth for Florida." The Commission is responsible for assessing the roles and responsibilities of the Department of Community Affairs and other state, regional and local government entitles. Issues to be discussed include the preparation, adoption and compliance review of local government comprehensive plans and plan amendments. The Commission will also focus on ways to Improve intergovernmental coordination and streamline the review process. "I am delighted to be part of this blue-ribbon group that will guide us toward a much needed reform of our laws," said Secretary of the Department of Community Affairs Steve Solbert. "The world has changed since our current laws were adopted, and it Is time to look anew at how we best ensure the future of Florida's communities." The Commission members are as follows: · I~el Martinez, 53, Orlando, Chairman, Orange County Commission, for a term beginning ]uly 3, 2000 and ending February 15, 2001. · Bob Crawford, 52, Tallahassee, Commissioner of Agriculture, State of Figrider for a term beglnmng July 3, 2000 and ending February :[5, 200:[. · Steve Solbert, 45, Tallahassee, Secretary, Department of Community AGENDA ITEM rs,l~01; a term !o(c~) SE? I 2 2000 ' ....... 08x05x00 16:45 FL ASSOC OF COUNTIES -~ 19~17740225 N0~758 P005x008 ...: GOVERNOR BUSH CREATES GROWTH MANAGEMENT STUDY COMMISSION- Page 2 of 3 beginning July 3, 2000 and ending February 15, 2001. · Lisa Carlton, 36, Sidell, State Senator-District 24, for a term beginning July 3, 2000 and ending February 15, 200:1. · Jim Har~Irett, 58, Tampa, State Senator-District 21, for a term beginning July 3, 2000 and ending February 15, 2001. · JD Alexandert 40, Lake Wales, State Representative-District 66, for a term beginning July 3, 2000 and ending February 15, 200:1. · Peele Dockerv, 39, Lakeland, State Representative-District 64, for a term beginning July 3, 2000 and ending February 15, 2001. · Pat Blacl~$hear, 45, Santa Rosa Beach, planning manager, Okaloosa County Board of Commissioners, for a term beglnning July 3, 2000 and ending February 15, 2001. · Paul Bradsheys, 42, Havana, attorney and former director of the Division of Resource Planning and Management at the Department of Community Affairs, for a term beglnnlng July 3, 2000 and ending February 15, · Judy Budnick, 52, Plantation, school board member, Broward County School Board, for a term beginning July 3, 2000 and ending February 15, 2001. · Thaddeus Cohen, 49, Delray Beach, Thaddeus Cohen Architect PA, for a term beginning July 3, 2000 and ending February 15, 2001. · Chris Corr, 36, Jacksonville, vice president, The St. 3oe Company, for a term beginning July 3, 2000 and ending February 15, 2001. · Allison DeFoor, 46, Wakulla, general counsel, Tidewater Consulting, Inc., for a term beginning ~uly 3, 2000 and ending February 15, 2001. · Paula Delaney~ 47, Gainesville, mayor~ City Of Gainesville, for a term beginning July 3, 2000 and ending February 15, 2001. · Nancy Graham, 54, West Palm Beach, developer, Watermark Communities, Inc., for a term beginning July 3, 2000 and ending February :15, 2001. · Alberta Hlpps, 57, Jacksonville, councilwoman, City of Jacksonville, for a term beginning July 3, 2000 and ending February 1S, 2001. · Cheflea Log, 50, Longwood, senior vice president, Audubon of Florida, for a term beginning July 3, 2000 and ending February 15, 2001. · Fred Leonhardt, 50, Orlando, attorney, Gray, Harris & Robinson, PA, for a term beginning July 3, 2000 and ending February 15, 2001. · John f4annlng, 50, Cape Coral, commissioner, Lee County Commission, for a term beginning July 3, 2000 and ending Fel~ruary 15, 2001. · Susan PareiLls, 40, Naples, president, Economic Development Council, for a term beginning July 3, 2000 and ending February 15, 2001. · Linda Pellegrlnl, 51, Windermere, president/builder, Pellegrlnl Homes, Inc., for a term beginning July 3, 2000 and ending February 15, 2001. · $erillo Rodriguez, 58, Miami, vice president/real estate, University of Miami, for a term beginning July 3, 2000 and ending February 15, 2001. · Barry Rutenberg, 51., Gainesville, home builder, Barry, Ruttenberg & Associates, Inc., for a term beglnnlng July 3, 2000 and ending February :15, 2001. The Commission will present Its findings and legislative recommendations to the President of the Senate, the Speaker of the House of Representatives and the Governor by February 15, 2001. "The experience and diversity of the members of this commission will help them find newer ways of giving local governments more flexibility, providing better Incentivefor urban redevelopment and getting the people of Florida more involved in this process," Governor Bush said AGENDA ITEM SE? 1 2 2000 08/11/00 15:21 FL ASSOC OF COUNTIES a 19417740225 FLOR · BE NO. 825 P00~/004 M E M O R A N D U M ....via facsimile Pegs 1 of 2 TO: Ca~ Roth, General eauhiM, Deplrtmsnt of CommunRy Aftlira Nomll Lindsey, ExeGufive DIr., Growth Management 8Wdy Comm. FROM: Palmer M.$on, Governmental Ulllon DATE: August 4, 2000 RE: Growth Management Study Comm!e~ion - TAC Membership AS you have requested. the'Flmlda Association of Counties is submitting the following names for service on the various technical advisory committees of the Growth Management Study Commission. Each of these Individuals has been contacted and Is willing to serve on the respective technical advisory committees: Commissioner Karen T. Marcus (Palm Beach County) P.O. Box 1989 West Palm Beach, Flodda 33402-1989 Phone: (561) 355-2001 Fax: (561) 355-3990 DCA/Reo_I~a!~I ROles Commissioner Chuck Dunnick (Osceola County) 17 S. Vernon Ave. Klssimmee, Florida 34741 Phone: (407) 343-2200 Fax: (407) 343-2210 Intearatlon of sewers in_d Infrastructure Nesdl !_n Loci! pilnnlna_ Jerr~ Gray Executive Director Growth Management Department/Sarasota County P.O. Box 8 Sarasota. Florida 34230 Phone: (941) 951-5140 Fax: (941) 951-5593 AGENDA ITEM . SEP 1 2 2000 Pg. ~ GADJDJN 08/11/00 15:21 FL ASSOC OF COUNTIES a 19417740225 N0.825 POD3/OD4 Content of Loc!! Compmhen,ive p!=ns Marjorie M. Student" Collier County Attorney Office 3301 Tamlamt Trail Pl~one: (941) 774-8400 Fax: (941) 774-4010 "'NOTE: Because there may be travel money concema, this person may be switched with another individual at a later date. We are working with the Collier County to secure funding for travel at this time. ~:R_izen AcceaalJ_udiclal Review Herbert W.A. Thiele, Esq. County Attorney Leon County Courthouse 301 S. Monroe Str. Tallahassee, Flollda 32301-1853 Phone: B50`487-1 Fax: 850-922-8918 Tony Arrant Circuit Rider, Flodda County Foundation 317 Carr Lane Tallahassee, Florida 32303 Phone: 850-894-3246 Fax: 850-894-3247 [Jrban Revlta!lz~o_l~ commissioner Jimmy Morales (Miami-Dade County) 111 N.W. l't St., Ste. 220 Miami, Florida 3:3128 Phone: 305-375-5536 Fax: 305-372-610:3 If you have any questions or if FAC can help In anyway, please feel free to contact me at (850) 922-4300 or at pinesone_ fi-counfies_._cqm. Thanks for the opportunity to submit names. AGENDA ITEM .. SE? 1 2 2000 L Tentative Calendar Dates (Locations to be announced) 1. August 9th Orlando August 28th 3. September 13 - 14 4. October 3rd 5. October 25- 26 7. November 30- December 1 8. December 12~ 9. January 10- 11 10. January 31 - February I 11. February 9th (if needed) AGENDA ITEM . SE? 12 2OO0 EXECUTIVE SUMMARY PETITION CU-2000-08, THOMAS, R. BROWN, ESQ. REPRESENTING FIRST HAITIAN ALLIANCE CHURCH, INC. REQUESTING A CONDITIONAL USE FOR HOUSE OF WORSHIP IN THE "E" ESTATES ZONING DISTRICT FOR A PROPERTY LOCATED ON THE WEST SIDE OF COUNTY BARN ROAD APPROXIMATELY ONE HALF MILE SOUTH OF DAVIS BOULEVARD, THIS SITE CONSISTS OF 2.3 ACRES. OBJECTIVE: To have the Board of. Zoning Appeals render a decision regarding an application for a Conditional Use permitting a house of worship and a future school in the "E'" Estates zoning district. CONSIDERATIONS: The applicant is requesting Conditional Use "1" of the "E" Estates zoning district. The proposed development will consist of a 5,000 square foot church with approximately 3,000 square feet of future classroom space. The ITE Trip-Generation manual indicates that this site will generate 181 trips on a Sunday and 47 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on County Barn Road. In addition, the site-generated trips will not lower the LOS below the adopted LOS standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists County Barn Road as a 2- lane collector road fronting the project. The traffic count for this segment is 12,478 AADT and is operating at LOS "D". It should be noted that this segment is not projected to be deficient in 2007. The Collier County Planning Commission heard this petition on August 17, 2000 and by a vote of 6-0 recommended approval. Staff has received no written or oral objections to the grant of this request; therefore, this petition does qualify to be placed on Summary Agenda. FISCAL IMPACT: The petitioner is proposing to build a church with a future private school. The following impact fees are applicable to this project: Fire Impact Fee: Correctional Facilities Impact Fee Road Impact Fee: EMS Impact Fee: $ 2400.00 $ 936.0O $17,520.00 $ 334.00 $EP I 2 2000 Radon: $ 40.00 Building Code Adm. Fee: $ 40.00 Total: $ 21,2700,00 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit and development review fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. It should be appreciated that, not withstanding fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities or enhancements to raise the level of service. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination, while others, such as roads may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "E" Estates. This district allows for certain conditional uses such as churches. Therefore, this request is consistent with the FLUE of the GMP. ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Services. Their review comments did not indicate any environmental issues. Furthermore, this project did qualify for exemption from the EAC review. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment was provided. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for a conditional approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not reviewed by the EAC, as there were no environmental issues with this site. SEP 1 2 2000 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-08 and by a vote of 6-0 recommended that the Board of Zoning appeals approve this petition. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWE~ BY: RONALDr"F. NINO, A~P, MANAGER CURRENT PLANNING SECTION DATE ROE~ER~ J~' MULHER"E'-,-,-,-,-,-,-,-~P, DIRECTOR PLANNING SERVICES DATE 7~VED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AC.,END,,, rfE. M SEP 1 2 2001:1 AGENDA ITEM 7-E TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION July 28, 2000 PETITION NO: CU 2000-08 OWNER/AGENT: Contract Purchaser: First Haitian Alliance Church, Inc. 115 12t~ Street North Naples, FL..34102 Property Owner: Agent: Alexandra Dawson Thomas, R. Brown, Esq. Vega, Brown, Stanley and Burke, P.A. 2660 Airport Road South Naples, FL. 34112 REQUESTED ACTION: The applicant is requesting approval of a conditional use for a church and church related land uses. GEOGRAPHIC LOCATION: The subject property is located on the west side of County Barn Road approximately one half mile south of Davis Boulevard, and is further described as Nl/2 of Sl/2 of SE1/4 of SWl/4 of NW1/4 of Section 8, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 2.3 acres. PURPOSE/DESCRIPTION OF PROJECT: SEP 1 2 2000 The applicant is requesting Conditional Use "1" of the "E" Estates zoning district. The proposed development will consist of a 5,000 square foot church with approximately 3,000 square feet of future classroom space. SURROUNDING LAND USE AND ZONING: Existing: -Vacant, zoned "E" Estates Surrounding: North - Vacant, zoned RMF-6 (4) Residential Multi-family East - Vacant, zoned "E" Estates South - Single-family residence, zoned "E" Estates West - Vacant, zoned "E" Estates STAFF ANALYSIS a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "E" Estates. Churches and houses of worship are permitted as Conditional Uses in the "E" district. The subject property is designated Mixed Use Residential, which allows churches. Con: None. Summary Conclusion (Findings): The use in question is permitted within the Mixed Use Residential.. This district allows some commercial and service uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. 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. Pro: The proposed church facility will have a single ingress and egress point on County Barn Road. This access point will be built in accordance with the Collier County Right-Of-Way and other pertinent Ordinances. Con: None. Summary Conclusion (Findin.qs): The ITE Trip Generation manual indicates that this site will generate 181 trips on a Sunday and 47 trips on a weekday. Based on this data, the site-generated traffic will not exceed 'the significance test standard (5 percent of the level of -2- AGENDA ITEM SEP 12 2000 service LOS "C" design volume) on County Barn Road. In addition, the site- generated trips will not lower the LOS below the adopted LOS standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists County Barn Road as a 2-lane collector road fronting the project. The traffic count for this segment is 12,478 AADT and is operating at LOS "D". It should be noted that this segment is not projected to be deficient in 2007. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: This site is surrounded on three sides by vacant land. .Con: This property abuts a residentially developed parcel to the south. A 15-foot wide, 80 percent opaque landscape buffer or wall and landscape combinartion should provide adequate privacy for the existing residence. Summary conclusion (Findings): The proposed church will have some noise impact on the neighboring property to the south. Staff does not anticipate any other negative impact on neighboring properties. d. Compatibility with adjacent properties and other property in the district. Pro: As discussed above, this site is adjacent to vacant properties on three sides. The site has a direct frontage on County Barn Road, which is a collector road. There are several other churches and other non-residential land uses along this road. Cone: This church will be adjacent to residential dwelling. Summary Conclusion (Findings): The proposed use is mostly compatible with the existing land uses surrounding this site. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2000-08 to the BZA with a recommendation for conditional approval subject to staff stipulations. 3 SEP 1 2 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIE~D BY: It / ROBEd'~J. MULHERE' AICP, DIRECTOR PLANNING SERVICES DATE DATE APPROVED BY: VINCENT CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE Petition Number: CU-2000-08 Staff Report for August 17, 2000 CCPC meeting. NOTE: 'l'his Petition has been advertised for the September 12, 2000 BCC meeting. COLLIER COUNTY~IN.G COMMISSION: RUS"S~./~. BUDD, CHAIRMAN SEP 1 2 2000 u RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE 1 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use 1 of Section 2.2.3.3, in an "E" Estates Zone for a church on the property hereinafter described, and 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 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier Count, Florida that: The petition filed by Thomas R. Brown of Vega, Brown, Stanley & Burke, P.A., and Homere Hyppolite of Naples Realty Services, Inc., representing First Haitian Alliance Church, with respect to th~ property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Use 1 of Section 2.2.3.3. of the "E" Estates Zoning District for a church in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -3.- SEP 1 2 2000 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FLIRTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COI.YNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Ma~jori~M. Student Assistant County Attorney g/admin/CU-2000-08/RESOLUTION/CB/cw SEP 1 2-2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-08 The following facts are found: Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Yes No m o 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 o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT SEP 1 2 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ..... CU-2000-08. The following facts are found: Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No B o 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 Affects neighboring~properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: f/FINDING OF FACT MEMBER/ SEP 1 2 2000 LEGAL DESCRIPTION BEING THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHe/ES T 1/4 OF THE NOR THe/ES T 1/4 OF SECTION 8, TO~/NSHIP 50 SOUTH, RANGE 26 EAST, LESS AND EXCER TING THE EAST 50 FEE T THEREOF RESERVED FOR ROAD RIGH T-OF- ~A Y/ EXCER TING AND RESER rING FOR ACCESS, RUNNING ~IITH THE LAND PERPETUALL Y, OVER AND ACROSS THE SOUTHERLY 15 FEET OF LAND CONVEYED,' AND GRANTING AN EASENENT FOR ACCESS, RUNNING ~VI TH THE L AND PERPETUA L L Y, 0 VER AND ACROSS THE NORTHERLY 15 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTH~/EST 1/4 OF THE NORTHSlEST 1/4. OF SECTION 8, TO ~/NSHIP 50 SOUTH, RANGE 26EAST, COLLIER COUN T. Y, FLORIDA. SAID PARCEL CONTAINING 2.38 ACRES NORE OR LESS. Exhibit "B" SEP 1 2 2000 $.00'00'01'£. C/L C,,~UNTY ~ ~J) Exhibit "C" SEP 1 2 2000 CONDITIONS OF APPROVAL CU-2000-05 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission at its public hearing on August 17, 2000. eo The Current Planning Manager may approve .minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). A Site Development Plan (SDP) must be applied for and approved by the Development Services staff prior to the issuance of a building permit. If during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Wetland jurisdictional determinations and if necessary, permits from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to the final site plan/construction plan approval. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. A 15-foot wide 80 percent opaque landscape buffer or a wall and landscape combination shall be provided along all property lines abutting neighboring properties. EXHIBIT "D" AGE. NOA ITEM SEP 1 2 2000 APPLICATION FOR PUBLIC IaEARING FOR: CO~I~Jt~! 'ii Petition No.: ' ' ~P~ ) - ~ .~ .z _z..~ _ 7~ ,, ABOVE TO BE COMPLETED BY STAFF General Information FIRST HZ~ITIAN _AT/JANCE ~ (INC.) Name of Applicant(s) Applicant's Mailing Address 115 12th Street Noth FL 34102 City Naples State Zip Applicant's Telephone =: (941) 643-6517 Fax # (941) 774-9644 Name of Agent Homere Hyppolite Firm Naples Realty Services, Inc. Agent's Mailing Address 4843 Devon Circle City Naples State FL Zip 34112 (941) 571-3086 (941) 774-9644 Agent's Telephone # Fax # COLLIER COUNTY COMMUNI~ DEVELOPMENT PLANNqNG SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400FFAX (941) 643-6968 SEP 1 2 2000 Compiete the following for all Associationis) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City. State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City. State __ Zip.__ Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address N/A City State __ Zip o Disclosu re of Interest Information: If the property. is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address r~ Al~xand~x Dawson, TLn~stee Percentage of Ownership 100% SEP 1 2 2000 If the property. is owned by a CORPOl~a. TION, list ~he officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property. is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address h_]_exanc~ Percentage of Interest If the property is in the name of a GENER.AZ or LIMITED P.~d~TN-ERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Mardcchee Malvoisin Lemane Petit-Bien (represep~Cng the First Haitian Alliance Church (Inc.) Percentage of Ownership Contract will be assigned to Chu~ which will own 100% _are ~f SEP 1 2 2000 If anv contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address No Date subject property acquired ( ) leased ( ): Term of lease If, Petitioner has option to buy, indicate date of option2/4/00 terminates: 7/27/00, or anticipated closing date '1/27/00 yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the properi3_' covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, max/mum 1" to 400' scale) if required to do so at the pre-application meeting.. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 8 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book~ Page #: Metes & Bounds Description: Property I.D.#: ; N 1/2 of S 1/2 of SE 1/4 of SW 1/4 of NI~ 1/4 Size of propert?,: 158 Pt. X 638 ft. = Total Sq. Ft. 000804 Acres 2.31 Address/general location of subject property_: County Barn Road, Naples, FL 34104 SEP I 2 2000 Adiacent zoning and lalad u~e: Zoning Land use RMF6 fe~ houses N E Estates vacant S E Estates vacant E W E Estates vacant Does property owner own contiguous property. to the subject property. ? If so, Dve complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Townskip: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property. I.D..#: Metes & Bounds Deschption: Type of Conditional Use: This application is requesting conditional use # the E-estato~istrict for crm, E oF usE) Church Present Use of the Prope~: vacant land 2.2.3.3.1of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County. Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory. provision and arrangement have been made concerning-hhe following matters. where applicable. Please provide detailed response to ea, criterion listed below. Specify. how and why the request is consistent w (Attach additional pages as may be necessary}. SEP 1 2 2000 Describe how th.e project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Collier County Land Developmant Code and Growth Management Plan provide for conditional use in E-estates and Church is one of those uses. b o Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or cams~0phe: The property is located in a gone that is not totally developed and there is no pedestrian traffic. Road is paved; no problems for ~nergency access. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: q'ha,-~ i~ only c~r~ h~,,~ n~arhy; a-~e~r that there are many other churches on the street. There will be no noise as the worshippers meet on Sundays and Fridays for religious services inside the Church. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: addacent properties are vacant e o Please provide any additional information which you may feel is relevant to this request. This land is perfect for the Church, as there are many other churches on the street, no heavy traffic, pedestrian zone. only one house nearby, and no SEP I 2 2000 10. 11. Deed Restrictions; The County. is legally precluded from enforcing deed restrictions. however, many communities have adopted such restrictions. You may wish to contact the civic or property. owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previou~ land use petitions on the subject propert3.': To your knowledge, has a public hearing been held on this property. within the last year? If so, what was the nature of that heating? Additional Submittal requirements: In addition to this completed application, the following must be submitted in o~'der for your application to be deemed sufficient, unless otherwise waived during the preapplicafion meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/~" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to 'the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed in,ess and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and serv/ce function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and fighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); ,am Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Detq, etopment Code (LDC). - 7IaJ.ved. SEP 1 2 20011 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months). minimum scale of one inch equals 400 feet, shall be submined. Said aerial shall identify. plant and./or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); Traffic Impact Statement (=I'IS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. SEP 1 2.. 2000 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-appkication meeting. Please note the following with regard to TIS submittals: MINOR TI$: Generally required for conditional use (and rezone) requests for property. less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. ~Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: Trip Generauon: A. rmual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assi_tmment: Within Raddus of Development Imquence (RDI) Existing Traffic: Within RDI A.A. DT Volumes PSDT Volumes Level of Sermce (LOS) Impact of the proposed ase on affected major thoroughfares. including any anucipated changes m level of septice (LOS). o proposed improvements (to the site or the external right-of-way) such as providing or eliminating an mgress~e~ess point, or providing turn or decel lanes or other improvememts.~ Describe any proposal to rmrigate the neganve irr~, acre on the tratmpormrion system. 7. .For Rezones Only: State how this request m consistent anth the applicable pohcies of the T~,ffic Circularion Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1.5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the foliowing: 1. lntersecuon/~,nalysm 2. Background Traffic 3. Future Traffic Through Traffic Planned;Proposed Roadway improvemenm Proposed Schedule (Phasing) of Develo.trment $EP 1 2 2000 TRAFFIC IMPACT STATEMENT fTIS] STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation En_k4neers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment; Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3.. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The A,~DT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service ('LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RD13: The TIS shall cover the least of the following tWO areas; an area as set forth below; or, the area in which traffic assi,manents from the proposed project on the major thoroug22'ares exceeds one percent'of the LOS "C". Residential Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 5 Miles or as requir;ed by DRI 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the. TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intemection Analysis: .am int~ection analms is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to Vehicles Per Hour {VPH). :eed ~11I!~A ~' SEP 1 2 2000 10. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which mav affect major thoroughfares w/thin the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. Future Traffic; An estimate of the effects of traditional increases i.n traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) .and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and back-up data to support the estimation as well. Planned/Proposed Roadway Improvements: )dl proposed or planned roadway improvements located w/thin the RDI should be identified. A description of the funding commitments sb. all also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/R.1M 10/17/97 t SEP 1 2 2000 STATEMENT OF UTILI]%' PROX'-ISIONS FOR CONT)TTIONAL USE REOLrEST N.a~M:E OF APPLICA.NT: First Haitian Alliance Church (Inc.) o ~,~L~ILING ADDRESS: 115 12th Street North Naples CITY ~ FL ZIP 34102 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): County Barn Road, Naples, FL LEG.~L DESCRIPTION: N 1/2 of S i/2 of se 1/4 of SW 1/4 of NW 1/4 less Section: 8 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D.#: TYPE OF SEWAGE DISPOSAL TO BE PRO¥1DED _(Check applicable system): a. COUNTY LTILITY SYSTEM ~ b. CITY UTILITY SYSTEM ~ c. FRANCH/SED LqTLITY SYSTEM ~, PROVIDE NAME d. PACKAGE TREATMENT PLANT [--] (GPD capacity.) e. SEPTIC SYSTEM ~ TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM c. FRANCHISED L'UTLITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) SEP 1 2 2000 7. 70 TOTAL POPULATION TO BE SERVED: PEAK .~',rD AVEIL4GE DAILY DEIVIAaNDS: A. WATER-PE.~ 7,000 AVERAGE DAILY 2,000 B. SEWER-PEAK 7,000 AVERAGE DAILY 2,000 o IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 8/1/o0 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier Counw's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities w/thin the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTFIER PROVIDERS: Unless waived or otherwise provided for at the pre-applicadon meeting, if the project is to receive sewer or potable water serrates from any provider other than the County., a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility. Provisio~ Statement ~ 10117/97 SEP 1 Z 2000 We/Z being first duly sworn, depose and say that we/f am/are ?he ~J~re~c~ the proper~ described herein and which is the subject matter of the proposed hearing; that all the answers to.Ihe questions in this application, including the disclosure of interest informanon, 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/I 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 ~. > .4s proper~ owner We/I further authorize /-?.~c/~'/,~ /~. ,~'/c2: ~x~i;' [ff 4'~' to act as our/my representative in any matters regarding this Petition. ' d ~ig?nt~t~re ofl~ta~y//~/er Contract typed or Pmntea ~Vame of Signature ~ Owner Contrac~ r. ed or Printed Same The foregoing instrument was acknowledged before me this ,.~ day. of ~~ 1. B:f20~,Oby /~ ~/c';t. ~ /¢ ? ~ a/'~'~ who_ is personally known to me or has prO~tuced ' as identification. ?~ State of Florida Coun.rv of Collier ~,PPL!CATIO_'~ FOR ?U~LiC _'.{E_~RL'NG FOR COS'D..r2'~C~._a_L L'$E - ~,9~1 d~(8_(gnature of Nota .rv Public- State of Florida) OFFICIAL NOTARY SEAL JOAN M BURTON NOTARY PUBLIC ~TATE OF FLORIDA cO~ON ~o. cC~S0~S5 (Print, Type, or Stamp Commissioned .¥ame of Notary Public/ AC, EN~A ,,'~4- _.. S? 2.2ooo EXECUTIVE SUMMARY PETITION CU-2000-09 JONATHAN BURT OF J.D. BURT COMPANY, INC., REPRESENTING CROSSROADS COMMUNITY CHURCH, REQUESTING A CONDITIONAL USE FOR A CHURCH, FOR PROPERTY KNOWN AS PINE RIDGE SPORTS/RECREATIONAL SCHOOL, LOCATED AT 3285 PINE RIDGE ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.1+_ ACRES. OBJECTIVE: The petitioner seeks a conditional use approval to permit a church use in an existing classroom facility located at the Pine Ridge Sports/Recreational School at 3285 ,Pine Ridge Road. The Crossroads Community Church will be temporarily relocated to this site if the petition is approved. CONSIDERATIONS: The site is located on the north side of Pine Ridge Road approximately one mile west of Interstate 75. It is bordered on the north side by a community school, on the west side by the Naples Gymnastics Center, and on the east side by a plant nursery. All of these surrounding uses are located in "A" Rural Agricultural zoning districts and were permitted by approved conditional uses. If approved, the proposed church use will be confined to Building #1 as identified on the attached site plan and will utilize the existing 68 parking spaces constructed to serve Building #1. Building #1 is the only building on this site at this time and is part of the Phase One of development constructed in 1999. Building #1 contains two 2,400 square- foot studios, offices, restrooms, and a kitchen, and ample parking, which makes it an ideal facility for the proposed use. Crossroads Church proposes to utilize the existing facilities on Sunday mornings, Wednesday evenings, and for occasional special events, which will be during off-peak hours of operation, and which will not interfere with the normal hours of operation of the school. The initial attendance of the proposed use is approximately 75 persons on Sunday mornings, which should cause little or no impact to the surrounding properties and roadways. The facility will also be limited to 150 persons and the existing parking of Phase I of the Sports/Recreational School, which should ensure no major impacts to surrounding properties and roads. Any additional increases are conditioned on approval of adequate future facilities as may be approved in Phase II (i.e., parking), but will be limited by the amount of occupancy of Building #1 (see Criteria Evaluation Section of Staff's Report). SEP 1 2 2000 Summar~ The requested zoning action appears to be consistent with Policy 5.1 of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), which requires zoning actions be consistent with the GMP. The proposed conditional use is also compatible with surrounding development and should not impact any existing or future land use. Pros/Cons: Below are pro and con issues as indicated in staff's report and as discussed in the CCPC meeting. Pros (1) It is consistent with other applicable elements of the GMP. If approved, a house of worship would not change any level of service relationship in a negative manner. Traffic is estimated not to exceed the significance test for traffic (5% of LOS "C") and is relegated to mostly off-peak hours. (2) The proposed conditional use is consistent with land use policies and is compatible with both neighboring and on-site existing and future development. CoYIS (1) Increased traffic, even during off-peak hours, can be perceived as a negative impact by residents who use Pine Ridge Road on Sunday mornings and Wednesday evenings. FISCAL IMPACT: Because of the nature of the proposed conditional use, and because the existing facilities are adequately designed to accommodate the principal use and the proposed church use, there should be no additional fiscal impacts. Additional impact fees will not be assessed because no significant increase in traffic is estimated nor will additional facilities be constructed for the proposed conditional use. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. Future Land Use Element: The subject property lies within the Urban Mixed Use District-Urban Residential Sub-district as designated on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification permits non-residential uses such as community facilities, including churches (conditional use); therefore, the proposed church use is deemed consistent with the FLUE of the GMP. Traffic Circulation Element: The proposed use will have negligible impact on roads and will not lower the level of service on any roadway segment within the project's SEP 1 2 2000 radius of development influence. Staff estimates that the traffic generated will be approximately 157 average weekday trips and 640 average trips on Sundays. The estimated traffic will not exceed the significance test (five percent of LOS "C" design volume) on Pine Ridge Road or on any of the roads in the surrounding road network. Therefore, this petition is consistent with policies 5.1 and 5.2 of the Traffic Circulation Element. Other Apo!icable Elements: Staff review indicates that this petition is designed to account for the necessary relationships dictated by the GMP. Mitigation measures and - stipulations were also developed, where appropriate, to ensure consistency with the GMP during the permitting process, and appropriate conditions will be recommended if approved. ENVIRONMENTAL ISSUES: The property is already developed and will not have an adverse impact on any environmentally sensitive area. Therefore, the petition was not required to be presented to the EAC, nor are there any environmental issues. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staff assigned to the review of this petition found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code. Staff also found that the proposed conditional use is compatible with existing and future development as stated in Staff's Report to the Collier County Planning Commission on July 20, 2000. Staff recommends approval of CU-2000-09. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: This petition was not required to be submitted to the EAC because there will be no additional environmental impacts to the existing site and facilities. PLANNING COMMISSION RECOMMENDATION: At the July 20, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward CU-2000-09 with a recommendation of approval. There were no major issues and no objections from the public. SEP 1 2 20 PREPARED BY: PRINCIPALWPLANNER DATE REVIEWED BY: CLYRRENT PLANNING MANAGER DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition CU-2000-09 Crossroads Community Church. Tentatively scheduled for the September 12, 2000 BCC meeting. AGE. hN)A ITEM SEP 1 2 200[ AGENDA ITEM 7-H Memorandum To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES JUNE 30, 2000 PETITION CU-2000-09 CROSSROADS COMMUNITY CHURCH (Pine Ridge Sports/Recreational School) OWNER/AGENT: Applicant/Owner: Jonathan Burt 1013 W. Main Street, #6B Immokalee, Florida 34142 REQUESTED ACTION: To obtain a conditional use for a church in an "A" Rural Agricultural zoning district as required by Conditional Use "7" in Section 2.2.2.3. of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 3285 Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida (See map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a conditional use approval to permit a church use in an existing classroom facility located at the sport~reereational school on Pine Ridge Road approximately three-quarters of a mile east of Airport-Pulling Road.. The proposed church, Crossroads Community Church, will be temporarily relocated to this site if the request is approved. The proposed church use will be confined to Building #1, as identified on the attached site plan, and will utilize the existing 68 parking spaces constructed to serve Building #1. Building #1 is the only building constructed on this site at this time 1 SEP 1 2 2000 oo and is part of the Phase One development plan approved in 1998. Phase Two of development will allow two additional studios and offices housed in three additional buildings when constructed. Crossroads Church proposes to utilize the existing facilities on Sunday mornings, Wednesday evenings, and for occasional special events, which will be during off-peak hours of operation, and which will not interfere with the normal hours of operation of the school. The initial attendance of the proposed use is approximately 75 persons on Sunday mornings, which should cause little or no impact to the surrounding properties and roadways. The facility will be limited to 150 persons and the existing parking, which should ensure no major impacts to surrounding properties and roads. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject property is undeveloped and zoned "A" Rural Agricultural. Surrounding: North - East South - West - Community School, zoned "A" with a Conditional Use. Pine Ridge Nursery, zoned "A" with "CU". Pine Ridge Road ROW and "PUD" south of ROW. Naples Gymnastics Center, zoned "A" with "CU". GROWTH MANAGEMENT PLAN CONSISTENCY: This petition was reviewed by staff for compliance with the applicable elements of the Growth Management Plan (GMP). Consistency relationships with applicable elements of the Comprehensive Plan are as follows: Future Land Use Element: The subject property lies within Urban Mixed Use District-Urban Residential Sub-district as designated on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification permits non-residential uses such as community facilities, including churches (conditional use). Therefore, the proposed church use is deemed consistent with the FLUE of the GIMP. Traffic Circulation Element: The proposed use will have negligible impact on roads and will not lower the level of service on any roadway segment within the project's radius of development influence. Staff estimates that the traffic generated will be approximately 157 average weekday trips and 640 average trips on Sundays. The estimated traffic will not exceed the significance test (five percent of LOS "C" design volume) on Pine Ridge Road or on any of the roads in the surrounding road network. Therefore, this petition is consistent with policies 5.1 and 5.2 of the Traffic Circulation Element. Other Applicable Elements: The property is already developed and will not have an adverse impact on any environmentally sensitive area. Therefore, the petition was not required to be presented to the EAC. Staff review indicates that this petition is designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations were also developed, where appropriate, to ensure consistency with the GMP during the permitting process, and appropriate conditions will be recommended if approved. 2 SEP 1 2 20 HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is already developed and is located outside of any historical and archaeological probability area as referenced on the official Collier County Probability Map. As a result, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental staff, engineering staff, and the Transportation Services Division staff. No significant impacts were found by staff, nor were any Level of Service standards determined to be affected by this request; therefore, the conditional use request is consistent with the Growth Management Plan. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either "pro" or "con" as the case may be, in the professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan. The subject property lies within Urban Mixed Use District-Urban Residential Sub-district as designated on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification permits non-residential uses such as community facilities, including churches. Therefore, the proposed church use can be deemed consistent with the FLUE of the GMP. Pro: (i) The requested church use is consistent with the applicable elements of the GMP and provisions of the LDC. Potential impacts may be mitigated by proper use and adherence to the requirements of the LDC and/or stipulations in the conditional use. 3 /7c-- SEP 1 2 20[ (ii) The subject property is part of a site that was previously approved by a Conditional Use for a sports school and recreational facility. An 8,523 square-foot building and 68 parking spaces were constructed in 1998/99 (Building #1) as the first Phase of the proposed school. The site is also surrounded by uses which will not be impacted by the proposed conditional use if approved. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion (Findings): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is permitted by conditional use and will not cause any significant impact to surrounding land uses if conditions are adhered to which limit the capacity and/or parking, thus limiting the potential impact of the development and ensuring that building capacity is not exceeded. The proposed assembly area will be housed in one of the 2,400 square-foot studios in Building #1, which can accommodate an increase of up to 150 persons in church membership. 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. Pro: (i) Access is from Pine Ridge Road and was designed to handle the existing facilities which have much greater impact than this proposed conditional use. (ii) Due to the low traffic volumes generated by the project, the clear site distance on Pine Ridge Road, and operation of the proposed conditional use during off-peak hours of road use, interference with traffic safety and operational LOS should be minimal. Con: None. Summary Conclusion (Findings): Access is adequate. Even with the combination of other site generated traffic, the LOS should not be degraded significantly. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: The site is well buffered between similar and more intense uses and should not produce any glare, noise or obnoxious odors. Con: None. Summary Conclusion (Findings): In the opinion of staff, the proposed church will have limited, if any, negative effects on neighboring properties in relation to noise, glare, economic and odor effects, and it will be well buffered and removed from nearby residential uses. 4 SEP 1 2 20[ d. Compatibility with adjacent properties and other property in the district. Pro: The surrounding land use is compatible. A community school is located to the north, a gymnastics school is located to the west, a plant nursery is located to the east. A conservation easement is also located on the west portion of the subject property. Con: None Summary Conclusion (Findings): The proposed use is deemed compatible with the neighboring properties. The proposed use should not create any condition which would be deemed incompatible if required LDC standards and stipulations are met. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward CU-2000-09 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions listed in the Resolution of Adoption. .5 AGENOA ITE~ SEP i 2 200 DATE REVIEWED BY: o~~~~ ~. ~o, ~c~, ~AO~ CURRENT PLANNING SECTION 7 -/O - DATE ROBEI~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT V~6E~'~A. CAUTERO, AI~P, A~Mn, aSTRATOR COMMUNITY DEV. AND ENVmONMENTAL SVCS. DATE DATE Petition: CU-2000-09 Staff Report for July 20, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the September 12, 2000 BCC meeting. COLLIER ?UNTY~~ COMMISSION: /A~ ]~U~D, CHAIRMAN STAFF REPO RT/CU-2000-09/DJM 6 AGENDA SEP 1 2 2[ Date Petition Received: Ul~~~ U ~ ,/ Co~ission Dis~ct: Plier Assi~ed: ~0~ ~q ~'A~Q A/ ABOVE TO BE COMPLETED BY STAFF General Information -~ o ~0 ~"l' h A~ ~U. Name ofApplicam(s) '~. ]> ['~o, ~,'T Corm Applicant's Mailing Address '7 ~> 3 ~ '~ V i ~ ~ City 1~ ~ ~91-- E 5 State ~'/--- Zip 3 c~ t o 3 Applicant's Telephone # 2¢2-- g ~O ¢ Fax # t.[..3 q - 6 ~ ~ 3 Name of Agent ~/~ Firm Agent's Mailing Address City Agent's Telephone # State ~'//] Zip Fax# COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC H~ARING FOR CONDITIONAL USE - 6/9I PA SEP i 2 200: Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip, Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip__ Name of Master Association: Mailing Address Name of Civic Association: Mailing Address City State ~ Zip City, State ~ Zip o Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and AdA/~e~ Percentage of Ownership APPLICATION FOR PUBLIC WEARING FOR CONDITIONAL USE - 6/9n PAGl ITEl 20 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address // / / Percentag~ of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHXP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address // Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6nS PAG A~.NDA t~ SEP I 20! f. list all go no If any contingency clause or contract terms involve additional parties, individuals or officers, ira corporation, parmership, or trust. Name and Address // Date subject property acquired ~ leased ( )::x/~-~Atf'Term of lease If, Petitioner has option to buy, indicate d~on: terminates: , or anticipated cJo~g date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a Supplemental disclosure of interest form. J ° Detailed legal description of the property_ covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: i ~ Township: ~ t~ S Range: Lot: Bloc~ Subdivision: ~ Plat Book.?~Page #: Property I.D.#: Metes & Bounds Description: Sizeofproperty: ~72.~ ft.X 35:0 ~ fc=TotalSq. Ft. Acres Address/general location of subject property_: 3z$5- APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAl 6. Ad_iacent zoning and !and use: Zoning Land use Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). A,o "- Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # the ~,,,nat_ district for(xvVEO~USE) Present Use of the Property: a s"f e , , -7i of following matters, where applicable. Please provide detailed response to criterion listed below. Specify how and why the request is consistent (Attach additional pages as may be necessary). Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements gove .rrfing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the ~iti]~each./~ PAGI APPLICATION FOR PUBLIC HEARING FOR CONDFrlONAL USE - 6DR SEP 1 2 2 OF I5 ao be Describe how the project is consistent with the Collier CounW Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flS;v and control, and access in case of fire or catastrophe: Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the.district:L) ¢.,t.,,,/ co*,,..Oe*'{ ~ bk-*.. ~-~('~ ~1~5~'~"~ e. Please provide any additional information which you may feel is relevant to this request. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/9n PAG: SEP I 2 20 /7 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? /t/O 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in o~'der for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the" following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service fi.mction areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/9~ PA( SEP 1 2 20[ ,7OF 15 de Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement ~rlS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional-requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR CONDITI{~N~kL USE - 6/9.~' PAGE AGENDA $EP 1 2 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST. IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation --~ 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. Conceptual Site Plans 11 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified)4 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s)4 13. Application Fee, Check shall be made payable to- Collier County Board of Commissioners 14. Other Requirements- As the authorized agent/applicant for this petition I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. ~~~Signamre APPLICATION FOR PUBLIC HEARhNG FOR CONDITIONAL USE - 6/98 Bate PAG ~ /2'¢_.. SEP 1 2 200I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 26 27 28 29~ 3O 31 32 33 35 36 3'/ 38 39 41 RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE "7" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COU-N'TY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 6%1246, Laws of Florida, and Chapter 125, Florida Statutes, has conrenal 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use "7" of Section 2.2.2.3 in an "A" Zone for a church on the property hereinafter described, and 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 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have beengiven opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Jonathan Burt of J. D. Burt Company, Inc., representing Crossroads Community Church, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "7" of Section 2.2.2.3.7 of the "A" Zoning District for a church in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. SEP 1 2000 oe/ , 5 6 ? $ 9 !0 11 12 13 14 15 16 17 18 19 20 21 25 26 BE IT FLIRTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, CHAIKMAN Approved as to Form and Legal Sufficiency: ~arjor?e~M. Student .ssistant County Attoney g/admin/CU-00~)9/RESOLUTIONtDM/im -2- ~/?c.. SEP 1 2 20 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-00-09 The following facts are found: Section 2.2.2.3.7 of the Land Development Code authorized the conditional use. o Grantin9 the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" g/admin/CU-00-09/Finding of Facts/Chairman/DM/im SEP 1 2 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-00-09 The following facts are found: Section 2.2.2.3.7 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: g/admin/CU.-O0-09/FINDING OF FACT MEMBER/DM/im SEP 12 200C LEGAL DESCRIPTION A Tract of land in Section 12, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: The East half of the Southeast Quarter of the Southeast Quarter; Less the North 523.25 feet of the West 180; 65 feet, the East 510 feei, and the South 75 feet for Right-of-Way; together with the Southwest Quarter of the Southeast Quarter of the Southeast Quarter, Less the West 100 feet, the 5.88 acres described in O.R. Book 1387/1114 and 1762/1871, and the South 75 feet for Right-of-Way. EXHIBIT "B" SEP 1 2 200 / / / / / / / I CU 00-0 J F - 0 0t ~n~/~k/w~k 0.~ oc~e I I / / i I ~ Exhibit '~" Westbound Lanea Pine- RLd. ge -Rd., Eastbound Lanes Pine Ridge Sports' Jan Burt AGENDA I Recre(3tional C(3mp Conditions of Approval for CU-2000-09 e Approval of this conditional use shall not void any previous existing stipulations as required by approval of CU-92-2 or SDP-98-184. The Conditional Use for a House of Worship shall be confined to Building #1. This conditional use will be limited to the extent that the maximum occupancy load of building 01 shall be limited to 150 persons for a House of Worship as estimated based upon the Phase One Site Development Plan parking load design of 68 spaces for this facility. Additional parking may be utilized for this conditional use upon completion of the construction of Phase Two of the approved Site Development Plan (SDP-98o184), but occupancy shall not exceed a maximum of 2.2 persons per parking space or as limited by the Fire District, or by other applicable code requirements. 4. Any change to any of these conditions shall require a new conditional use. Exhibit "D" SEP I 2 2000 EXECUTIVE SUMMARY PETITION CCSL-99-3, NB HOTEL LIMITED, REPRESENTING THE LAPLAYA RESORT BEACH CONCESSION, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF SHOWER/DECK, CABANA STORAGE BOXES, WAVERUNNER/SAILBOAT/KAYAKS/CHAIRS STORAGE AREA AND VOLLEYBALL NET POSTS AT THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK A, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred fourteen (114+) feet for construction of shower/deck, cabana storage boxes, waverunner/sailboat/kayaks/chairs storage area and volleyball net posts (See Exhibit A). CONSIDERATIONS: The petitioner is proposing to construct a shower deck, cabana storage boxes, concession storage area, and volleyball net posts at the existing La Playa Resort Hotel, located at 9891 Gulfshore Drive on Vanderbilt beach, in Naples, Florida. The proposed improvements will be placed seaward of the existing seawall. However they will be landward of the most seaward edge of the curved seawall. At it's farthest extent the area of proposed impact lies approximately 114 feet seaward of the adopted Coastal Construction Setback Line (CCSL). The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the vahance conditions of Collier County Ordinance No. 90-102, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. AGENDA ITEM /723 SEP 1 2 2000 GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.1 Promote environmentally acceptable and economically feasible restoration of the developed coastal bamers and the urban beach and dune systems. 11.4.2 Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. ENVIRONMENTAL ISSUES: This land is already developed and there is no remnant dune or restored dune vegetation on site. It would be beneficial to the shoreline for dune vegetation to be planted wherever possible to provide protection and stabilization to the system as a whole. The major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-99-3 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. AGENDA ITEM SEP 1 2 2'000 o Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction or development, within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall plant coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. o Minor revisions to Coastal Construction Setback Line Variance CCSL-99-3 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURCiSO~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE ~ rrt~ SE? 1 2 REVIEWED BY: //(ON NINO, A~CP, MANAGER ~J CURRENT PLANNING SECTION ..~OBERT J. MULHERE, AICP, DIRE(~TOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-99-3 SEP 1 2 2000 3N|*') ~131VA HO[H NV31~ O! .£9; O'G8~ l¥1d z~' 18 9'61! 1 2 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 2000- RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-99-3, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR CONSTRUCTION OF SHOWER/DECK, CABANA STORAGE BOXES, WAVERUNNER/ SAILBOAT/KAYAKS/CHAIRS STORAGE AREA AND VOLLEYBALL NET POSTS AT THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK A, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, NB Hotel Limited, representing the La Playa Resort Beach Concession, requesting a Coastal Construction Setback Line variance to allow for beach concession related improvements at the La Playa Resort Hotel (Exhibit A); and WHEREAS, the subject property is located on the west side of Gulf Shore Drive approximately one-half mile north of Vanderbilt Drive at 9891 Gulf Shore Drive, Naples, Florida; and WHEREAS, the proposed improvements will extend no further out than 114 feet seaward of the adopted Coastal Construction Setback Line and will remain landward Of the furthest edge of the existing concrete sea wall; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 37 CCSL-99-3 be approved, subject to the following conditions: 38 1. 39 40 41 42 43 2. 44 45 46 47 48 49 3. 50 51 52 4. 53 54 55 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction or development, within three hundred (300) feet of the high tide line, shall be in compliance ~,i,h r~;x,;o;~, ~ in of the Collier County Land Development Code. ~glqDA ITEM SEP 1 2 2000 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 6o Petitioner shall plant some coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-3 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or hisser designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of ., 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: I~la~onteYM. StUdent ' Assistant County Attorney 17D. SEP 1 2 ]gll N)IV~ HOIH N¥~$4 01 O'~g~ [Vld ZG' 18 9'611 9'Y) ZS't8 I'Pll L.= I '89 8'1 EXECUTIVE SUMMARY PETITION CCSL-2000-2, BRETT D. MOORE OF HUMISTON & MOORE ENGINEERS REPRESENTING THE HALSTATT PARTNERSHIP AND WESTGROUP LA PLAYA, LLC, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF A POOL, COVERED WALKWAY, FITNESS FACILITY, TIKI BAR AND GRILL, SECOND FLOOR BALCONY AND OTHER ASSOCIATED IMPROVEMENTS TO THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK A, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred fourteen (114) feet for the construction of construction of a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements to the La Playa Resort Hotel (See Exhibit A). CONSIDERATIONS: The petitioner is proposing to construct a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements at the existing La Playa Resort Hotel, located at 9891 Gulf Shore Drive on Vanderbilt Beach, in Naples Florida. The proposed improvements will extend no further out than an existing concrete sea wall which at its farthest extent is 114 feet seaward of the adopted coastal construction setback line CCSL Previously approved structures have established a reasonably continuous and uniform construction line closer to the line of mean high water than the proposed improvements. The petitioner has taken a position that his variance is not required because the construction proposed extends no further seaward than similar work permitted by a previously approved variance. That variance was approved by Resolution 94-705. The petitioner is concerned that in the event of a third party challenge they have the right to argue that the construction that is the subject of this variance petition may be authorized under the provisions of the previously approved variance. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as amended. SEP I 2 2000 FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 1 1.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.1 Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. 11.4.2 Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. ENVIRONMENTAL ISSUES: This land is already developed and there is no remnant dune or restored dune vegetation on site. It would be beneficial to the shoreline for dune vegetation to be planted wherever possible to provide protection and stabilization to the system as a whole. The major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2000-2 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior tO issuance of a Collier County Building Permit. - t~l:~ ~ 17, 2 $EP 1 2 2000 Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. o Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall plant some coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: S. BUR SON SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION 3 DATE $EP 1 2 2000 REVIEWED BY: RONALD F. NINO, AICP, MANAGEI~ CURRENT PLANNING SECTION DATE ! VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-2000-2 4 AGENDA ITEM SEP 1 2 2000 I I A( :.I~A ITr~' ' 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. 2000- RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-2, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A POOL, COVERED WALKWAY, FITNESS FACILITY, TIKI BAR AND GRILL, SECOND FLOOR BALCONY AND OTHER ASSOCIATED IMPROVEMENTS TO THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK A, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Brett D. Moore of Humiston & Moore Engineers, representing The Halstart Partnership and Westgroup La Play& LLC; requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Ordinance 91-102 Division 3.13, as amended, to allow construction of a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements to the La Playa Resort Hotel (Exhibit A); and WHEREAS, the subject property is located on the west side of Gulf Shore D,rive approximately one-half mile north of Vanderbilt Drive; and WHEREAS, the proposed improvements will extend no further out than an existing concrete sea wall which at its farthest extent is 114 feet seaward of the adopted coastal construction setback line CCSL; and WHEREAS, the subject property had a CCSL variance (CCSL-94-13) approved by the Board of County Commissioners by Resolution No. 94-705; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 41 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 42 CCSL-2000-2 be approved, subject to the following conditions: 43 1. 44 45 46 47 48 2. 49 50 51 52 53 54 3. 55 56 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May I - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact ?,~,c week following completion of work seaward of the CCSL. AGEJ~A SEP 1 2 2000 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall plant some coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. Petitioner shall remove all exotic vegetation fi'om the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of .,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjo~e M. Student Assistant County Attorney SEP 1 2 2000 I:OAST. A~ ~O. NSt:BiiCU!O,N Pr.A,N EXECUTIVE SUMMARY PETITION ASW-2000~01, DAVID H. FARMER, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING 7-ELEVEN, INC., REQUESTING A 300-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks a .waiver of the minimum separation requirements set forth in Section 2.6.28. of the Land Development Code (LDC) if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The petitioner wishes to locate a 7-Eleven convenience store selling motor fuels at the intersection of U.S. 41 and Collier Boulevard (formerly known as C.R. 951). CONSIDERATIONS: The subject site is located at the southwest comer of U.S. 41 and Collier Boulevard in the Capri Commercial Center. The property is zoned C-4 (General Commercial). Staff's analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on specific criteria as set forth in Section 2.6.28. of the LDC. These criteria generally address the existence of natural or man-made buffers, or other mitigating circumstances which may help lessen the impact on surrounding properties, especially residential, from the high level of intense use which typically occurs on automobile service station sites. Staff's findings based on these criteria are summarized below. The site is located within the Capri Commercial Center, adjacent to an existing Walgreen's drag store, and the subject tract has 171 feet of street frontage along the east-bound lane of U.S. 41 just west of the Collier Boulevard intersection. Both U.S. 41 and Collier Boulevard are divided, four-lane arterial roads. The property is accessed directly from U.S. 41 and indirectly from Collier Boulevard by a driveway through the Capri Commercial Center. There is an existing Mobile gas station 200 feet from the site at the northwest comer of the intersection, and a Circle- K gas station 448 feet from the site on the southeast comer. Access to both of these stations by traffic southbound on Collier Boulevard would be problematic, involving the need to make U- tums and/or cross multiple lanes of traffic. The subject property abuts C-4 zoning to the east, south, and west, on the south side of U.S. 41, with C-4 zoning and a commercial tract (Freedom Square) of the Lely Resort PUD on the opposite side. The proposed facility would operate on a 24-hour basis. 1 ISEP1220 0 ~ - ~d" ~ ~ ~' ,..,'~,,.,~',,.,'~"~ Z _,,..b'~ ~' '~..WA TERS ! / . _c-4/ '_P~~ g - V - EAGLE CRE~ ~-4 ~ ~_/? V,. SEP 1 2 2000 VOR TH ~Al~~'~'~S'~ .~ 7-ELEVEN ~ CAPRI ~' ~ ~ ' ~ I ~I)~'F~ml)~t~'A'-;'~-:~ SURROUNDING ZONING AND LAND USE ~"m ~. The proposed facility would increase to three the number of service stations at the intersection of two major arterial roads; however, this addition would also allow southbound and eastbound traffic safer and more convenient access to a refueling point without the need to make U-tums or cross multiple lanes of traffic. The proposed facility should have no adverse impact on the surrounding properties. The petitioner has presented a written market study analysis, and a letter stating that this study does, in fact, indicate that the property is a viable site for a 7-Eleven convenience store/service station. FISCAL IMPACT: This separation waiver request by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. Proposed Commercial (C-4) District .98 acres developed with 2,960 sq ft F.A./1,000 x $5,000 (road) = $14,800 F.A. x 0.30 (fire) = $888.00 F.A. x 0.005 (radon gas) = $14.80 F.A. x 0.005 (bldg code) = $14.80 F.A./1,000 x $250.00 (EMS) = $740.00 Total 2,960 sq ft comm = $16,457.60 Development of the site for a commercial use, should the site be developed with 2,960 square feet of commercial floor area, will generate approximately $16,457.00 in impact fees. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. GROWTH MANAGEMENT IMPACT: The granting of this waiver request will have no impact on the Growth Management Plan. 2 SEP 1 2 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EAC RECOMMENDATION: There are no environmental issues with this petition, therefore, this petition was not required to be forwarded to the Environmental Advisory Council for review. CCPC RECOMMENDATION: Section 2.6.28.4. of the Land Development Code does not require the Planning Commission to review petitions for waiver of distance requirements for automobile service stations. STAFF RECOMMENDATION: Staff recommends conditional approval of the waiver from separation requirements for automobile service stations from 500 feet to 200 feet subject to staff stipulations listed in the Resolution of approval. 3 /7F SEP 1 2,2000 PREPARED BY: PLANNER II vI WED i!Yi~ R( iNAED F.-'I~O~ AiL'~P CURRENT PLUG M~AGER DA'ri'E DATE RbI~I~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL DATE SERVICES Petition Number: ASW- 2000-01 Executive Summary/StaffReport for 12 September 2000 BZA Meeting. 4 A(~A ~ /7,'~ SEP 1 2 2000 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY April 21, 2000 Mr. Ross Gochenaur, Planner Community Development and Environmental Services Division 2800 N. Horseshoe Drive Naples, Florida 34104 7-ELEVEN #33004 SECTION 3, TOWNSHIP 51S, RANGE 26E C.E.C. FILE NO. 00.074 .Dear Mr. Gochenaur: The purpose of this letter is to submit a Petition for Waiver from Separation Requirements for Automobile Service Stations for the 7-Eleven at Capri Commercial Center. The following items are enclosed: · · · · · · One (1) Check in the Amount of $425.00 Fourteen (14) Copies of the Petition. Fourteen (14) Copies of the Letter of Authorization. Fourteen (14) Copies of the Narrative. Fourteen (14) 24 x 36 Copies of the Site Plan. Fourteen {14) 8 l/= x 11 Copies of the Site Plan. Fourteen (14) Copies of the Market Study Analysis. Supplementary Narrative The purpose of this narrative is to provide information to support the addition of a gas station on the comer of U.S. 41 East and Collier Boulevard. A need exists for a gas station on this comer due to the access problems for the existing gas stations. Based upon access constraints imposed by existing medians, islands and median cuts, purchasing gasoline can be a safety hazard for the public. 3106 S. Horseshoe Drive, Naples, Florida 34104 ,, Phone (941) 643-2324 The Mobil gas station on the Northwest comer of the intersection is only accessible for traffic Southbound on Collier Boulevard or West bound on U.S. 41. Access to the Mobil station for Marco Island or Miami bound traffic is cumbersome. The station is not visible for Eastbound traffic on U.S. 41 until traffic is stopped at the traffic signal. Access is not easy for Eastbound traffice due to the fact that motorists must either make a U-turn on U.S. 41 or turn left onto Collier Boulevard and cross three Southbound lanes. 17/::: Fax (941)643-1143 * E-Maih e, gco~.~J~c~q~fl.~ PS. 7 · ~,A~ .ENGINEERINGCONSULTANTS. INC Mr. Ross Gochenaur, Planner April 21,2000 Page 2 of 2 The Circle-K gas station on the Southeast comer of the intersection is only accessible from U.S. 41 East. To enter the station from U.S. 41 a Circle-K patron must compete with traffic merging from Collier Boulevard turning right onto U.S. 41. This action forces traffic to share a traffic lane. Ira patron is able to safely navigate onto the premises and they wish to travel on Collier Boulevard they must drive East when exiting for approximately !,,5 mile before there is an opportunity (on private property) to turn around. In conclusion the addition of a gas station on the Southwest comer of the intersection of U.S. 41 East and Collier Boulevard would aid motorists. Approval of this petition would allow motorists access from U.S. 41 and Collier Boulevard without having to cross multiple lanes of traffic or cause unnecessary delays when making U-tums. Should you require any further information, please contact me. Sincerely, COASTAL ENGINEERING CONSULTANTS, INC, David H. Farmer, P.E. Project Engineer SEP 12 2000 PETITION FOR WAIVER FROM SEPARATION REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS Petition No.: Date Petition Received: Planner Assigned: ~ ABOVE TO BE COM~PLETED BY STAFF Petitioner's Name: 7-Eleven: Inc. ~ Store f~33004 Petitioner's Address: 1300 Lee Road, Orlando, FL 32810 Agent's Name: Coastal Engineering Telephone: 407/295-3078 Consultants, Inc., David H. Farmer, P.E. Agent's Address · 3106 s. Horseshoe Drive Fax: 941/643-1143 Telephone: Legal Description of Subject Property: Subdivision: c~,-~ cr,mm~,-r~l c~,~[Jtnit Section 3 Twp. 51 s Range 26 E 941/643-2324 Lot (s) ? Block (s) ~-~-~ g o0o.o 6, o Property I.D. # ~ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR WAIVER OF SEPARATION REQ. FOR AUTOMOBILE SERVICE STATIONS 'AGE 1 OF 6 SEP 1 2 2000 Metes & Bounds Description: N/A Address of SubjectProperty: 12750 Tamiami Trail East (if different from Petitioner's address) Current Zoning and Land use of Subject Parcel: C-4, vacant Adjacent Zoning & Land Use: ZONING N C-4 S C-4 E C-4 LAND USE Gas Station Retail 'Retail Retail What fs the extent of the waiver being requested (in linear feet) from the required 500 foot separation? ('NOTE: This measurement is the shortest airline distance between the nearest points of any two lots occupied by an Automobile Service Station, or for which a building permit has been issued.) The distance from the proposed site to the existing station is 200' +/-. Therefore, the waiver request is'for 300'. APPLICATION FOR WAIVER OF SEPARATION ILEQ. FOR AUTOMOBILE SERVICg. STATIONS $EP 1'2 2000 Waiver of Distance Requirements: The Board of Zoning Appeals may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth in Section 2.6.28. if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated fi'om another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on the following criteria as provided by Collier County Land Development Code Section 2.6.28.4. Please respond to the below listed criteria to the extent you wish as it pertains to the proposed use; attach additional pages if necessary. Describe the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing Automobile Service Station which may, as determined by the Board of Zoning Appeals, lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals and a minimum of a four-lane arterial or collector right-of-way. The proposed site is bound by U.S. 41 and S.R. 951 to the North and East respectively. Both roads are divided 4-lane arterials. Each road has a concrete'median preventing traffic from making a left turn to access the proposed site. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime, nighttime, or on a 24-hour basis. We propose a 24-hour convenience store and gasoline station. Servicing automobiles is not proposed other than providing compressed air and a vacuum for customer convenience. APPLICATION FOR WAIVER OF SEPARATION REQ. FOR AUTOMOBILE SERVICE STATIONS , _17 , PAGE 3 OF 6 $EP 1 2 2000 Whether the Automobile Service Station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road fight-of-way. The proposed site is located within the Capri Commercial Center and is accessible from U.S. 41 or S.R. 951. Whether or not the granting of the distance wavier will have an adverse impact on adjacent land uses, especially residential land uses. This property is completely surrounded by other commercial properties, the majority of which are zoned C-4. Waiver Request Submittal Requirements: The request for an Automobile Service Station waiver shall be based on the submittal of the required application, a site plan (measuring no larger than 24" X 36"), and a written market study analysis which justifies a need for the additional Automobile Service Station in the desired location. The site plan shall indicate the following: x The dimensions of the subject property x All vehicular points of ingress and egress and their relationship to the parking area and site circulation x __ Demonstration of compliance with all requirements of this Code including the location of the structures on site, landscaping, off-street parking, site circulation, architectural design guidelines, and signage APPLICATION FOR WAIVER OF SEPARATION REQ. FOR AUTOMOBILE SERVICE STATIONS kGE 4 OF 6 SEP 1 2 2000 x x The location of all proposed buffer areas and their dimensions The layout of road(s) on which the proposed station fronts or to which access is provided, including the type of road(s), the number of lanes, and the location of intersections and turn lanes, median locations and median widths, for a 500 foot distance from the subject parcel UPON SUBMITTAL, PLEASE INCLUDE FOURTEEN COPIES OF THE ABOVE APPLICATION AND SITE PLAN (MEASURING NO LARGER THAN 24" X 36"). IN ADDITION, PLEASE INCLUDE FOURTEEN REDUCED (8 1/2 X 11 ) COPIES OF THE SAME SITE PLAN. APPLICATION FOR WAIVER OF SEPARATION REQ. FOR AUTOMOBILE SERVICE STATIONS [GE $ OF 6 SEP I 2 2000 AFFIDAVIT We/I, }~_T[~ ~.v~*.3_'[~e~ ~e~a__T~.eing first duly sworn, depose and say that we/I am/are the owners of the property 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/I 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 property owner We/I further authorize Coastal Engineering Consultants, Inc. as our/my representative in any matters regarding this Petition. ~~ignature~Tfft¢-elare'Ct~SignatureofPropertyOwner to act Typed or Printed Name of Owner Typed or Printed Name of Owner The fgregoin. g instrument was acknowledged before me this ~ day of. J~)4~' l by -.~)h13 (,~ .--['(~0'~ who is personally known to me or has produced tq3 tq ~L .~-r- ~ ~- cPO - !,~.~-as identification. State of FIorida County of Collier (Signature of Notary Public - State of Florida) EXPIRES: December 27,~ II APPLICATION FOR WAIVER OF SEPARATION REQ. FOR AUTOMOBILE SERVICE STATIONS (Print, Type, or Stamp Commissioned Name of Notary Public) ~AGE 6 0F 6 SEP 12 2000 / AUG-01-2000 SOUTHLAND CORP. 40? S32 1Sll P.02x02 ?-El~cn. Phone (407) 532-205g l~ax: (40?) 532-1Si 1 August 1, 2000 Mr. Ross Gochenaur Current Planning Section Collier County Community Developmant Services 2800 North Horseshoe Drive Naples, Florida 34104 VIA FAX and U.S. MAIL Fax: (941) 643-6968 7-E!evon#33004 SWC U.S. 41~951 Naples, Florida Dear Mr. Gochenaur: 7-Eleven, Inc. is seeking a waiv~ of the distance separation requirement for the construction of a new store at the above referenced property. 7-Eleven, Inc. has evaluated this property using the following tools to determine its viability: · MPSI Systems, Inc.: provides site analysis & sales projection for site ~nd competition · Demographics Data: to determine the population density surrounding the property Mapping Package: to show the demographic information and ¢omi~tition on maps Aerial Photographs: shows the site and surrounding areas in each direction Internal Rate of R~au'n Model: financial analysis based on MPSI sales and cost Using these tools, 7-Eleven determined that this property is a viable site for a 7-Elevon. All of our models maintained the current level of competition. This sit0 remains viable due to the traffic flow, area growth, demographics, competition, and ingress/egress. We w~uld appreciate your comidcration of this waiver r~luest. Pleame'let me lmow'ifyou have any questions or need additional information. S. incerely, Laura L. Foster Real Estate Representative 7-Eleven Stor~s ! Florida Division ------1 AGENDA ITE~, SEP 1 2000 April 4, 2000 Mr. Mark Harley Hartley Purdy Architecture 1207 North Himes Avenue, Tampa, Florida 33607 Suite 3 RE2 7-Eleven #33004 (Marketing Study) SWQ US 41 ~ 951 Naples, Florida VIA OVERNIGHT MAIL Phone: (813) 353-0035 Dear Mark: Per our conversation at Monday's development meeting, enclosed please find a copy of the marketing study for the above referenced property completed by an outside third party, MPSI Systems, Inc. The result of the study for this site provides that this site will generate $84,000 per month and $1,008,000 per year in merchandise sales, and 143,000 per month and 1,716,000 per year in gasoline gallons. This report also summarizes the merchandise and gasoline volumes of nearby facilities. This is a major intersection and the traffic counts are reflected on the enclosed map issued by MPSI Systems, Inc. If you have any questions or need additional information, please give me a call at (407) 532-2059. Sincerely, Real Estate Representative 7-Eleven Stores / Florida Division 1300 Lee Road / Orlando, FL 32810 / Phone (407) 295-3076 ~,~m) CORPORATION SEP I 2.. 2000 P la n n i n g m o I u 11 o n s ! n t · r n e tio n a I"~ ~- MI~I Sireterns Inc. 434,.~ South 11Eth East Avenue Tul~a, Oklahoma 74146 USA 918-877-6774 800-727-6774 tol! free 918-877-69~0 fax h ttp:/,/www. mpsisys. corn December 9, 1999 Confidential Ms. Sandra Shaver 7-Eleven, Inc. 1300 Lee Road Orlando, FL 32810 RE: Single Site # 2084 Dear Ms. Shaver: Attached you will find a summary of the one gasoline and convenience food case projection, detailed projection analyses, and associated computer printout for your site at US 41 & SR 951 in Naples, FL. These projections were generated using an MPSI REX database surveyed in June, 1999. You may notice a difference in the appearance of the maps and reports. These were run on the new REX Model. The volume and variable score reports have been combined with each product. Any marketplace changes to the competitors, demographics, or street network that may have occurred since this date, with the exception of the changes you provided in our conversation, have not been considered in generating these volume projections. It is highly recommended that you visit this site and its local area to review for changes before investing any major capital at this location. Please note that your potential c-store projection excludes lottery, liquor, money orders, fast food, and on-premise cooking sales. We have enjoyed working with you on this study. If you have any questions, please call. Sincerely; MPSI Systems Inc. Kim Willbanks Marlager, Client Services CC: M. Dodd G. Stroud L. Norwood AGENDA SEP 1 2 2000 TACTIC RESULTS ---;:"'~- SS# 2084 BASE CASE: Increase gas volume in the area due to seasonally (although MPSI uses twelve month average volumes), increase the c-store sales to over $90,000 per month store (30012), and add 500 new homes per our conversations. Result: A total potential gasoline volume of 143,000 gallons per month. A total potential food volume of $84,000 per month. /7f' SEP I 2 2000 Category: Case Report No.: I Case Name: 2084 Refit and new 7 Eleven Market: FT. MYERS/NAPLES T1 Study Date: Jun 25, 1999 Run Date: 12/08/99 09:09 Case Outlet Detail for Outlet Number:00-0002 Outlet Identification Outlet 00-0002 I Type of Facility GAS MART Brand Sign CITGO Client Outlet IC Location/Traffic let Street Address RT 951 Suburb NAPLES I Type Operation JOBBER 2rid Street Address HWY 41 Type Location CITY STR I Near/F~r Corner FAR Site Location CORNER Direction SW I Has Access To Third Street N Num h®r 01 Traffic Count Barriers Thro ugh Lanes Posted Soeed Near Traffic Control First Street 29 FULL 2 45 Y N Second Street 23 FULL 2 45 Y N Facility/Ratings Pumps/Nozzles Fueling Positions Ratings Pumos Nozzles Attendant Self 6 12 Automat Diesel Accessibility 3 Visibility 3 Appearance 4 Interstate Awareness Intirstste Convenience Number of Bypass Lanes Fueling Positions Canopy 12 Additional SarYices ATM Y Check Cashing N Money Orders Y Automat After Hours N Lotterv Tickets Y Postal Services Y No Canopy Pump Type Mechanical N Electronic N Single Hose Y Multi-Hose N Starting Gate N Lot Size (FL) Front 201-250 Depth 201-250 Gasoline Volume (000) 143 Diesel Volume (000) A ufo Service/Repair Number of Bays Quick Oil Change Price/Hours/Personnel/Payment Pump PHces REG Post MID Post PREM Post Attendant N N N Self 114.9 y 123.9 y 131.9 Y Automat N N N Diesel N Discount for Cash Avg. Credit Difference Percentage Business Done Through Credit Cards Type Service SELF Methodof Payment Prepay N Post-pay Y Exact Change After Hours N Bill Acceptor Credit Card Acceptor yN ATM Card Acceptor N Credit Card.s/Payment Location Co .rapany Bank/National ~' Other OilCards N Number of Registers 2 Payment Location SALE OFC Cradll/Oebft Location PUMP ISL Manned Hours Open Monday - Fdday 24 Saturday 24 Sunday 24 Attend Serve Not Offered :: Anclllarles Convenience Store Store Name 7-ELEVEN Inrdde Appearance 5 In,ida Promotionl/Merch Rating 4 Store Type CSTORE SellingSpace {fl.) 3001-4000 Bread Reck SMALL Chip Rack LARGE Cake Rack LARGE Coffee Dispensers X-LARGE Hot Chocolate Available Y Ceppucc|no Available Y Newspapers Y Cold Beer Available Y In House Bakery N In Houaa Dell N Total Number of Cooler Doors 15 Number of Fountain DHnk Spigots 10 Cigaroffal - Self Serve Avsltabla N Cigarettes-Price per ceptlon,'Merch. 3 Number of Dedicated PsHdng Spaces 10 C-Store Sales ($000) 84 Quick Satfica Restaurant Chain Name 1 Chain Name 2 chain Name 3 Braaldast N lunch N Dinner N Food Segment Pizza N Hamburger N Mexican Sandwich Chicken N Donuts N Rsh N Other N Drive-Up W'md ow Number of In~lde Seats QSR Sales ($000) car _was~ §u,'!.ding /yps aulmmg No. of Bay~ NO. Car Walh Sall~ Car Wa.~h PHc~ With Fill ($) Without Rll (s) Pay It Pump N Car Wash F~c~lfty In Bay Weretiou~e Short Convayo~ Long Con~yor Sh~ Ddv~m Long Data in Boldface represents original study information Type Wash Hand HMd Wand N Full Sar~ca N Brush N Cloth N Touchless N N Oven~das Operations Gasollna 14S C-Stora 120 Brand Acceptance &Pd:l~rtJ IYFM I' F. SEP I 2 2000 AGENOA ~I?F SEP 1 2 2000 uJ ~) o1~ ~3)o o ~/?F SEP 1 2 20OO ~ /7 /~ SEP 2 2000 SEP 1 2 2000 00000 SEP 1 2 2000 RT 951 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 2000- RELATING TO PETITION N'UWIBER ASW-2000-01 FOR A 300-FOOT WAIVER FROM THE MINIMUWI REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4, 42 ,11ier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made; 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 granting a waiver of 300 feet from the 500-foot separation requirement between service stations with the resulting separation between service stations of 200 feet for a service station located on 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 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: Petition ASW~2000-01 represented by Coastal Engineering Consultants, Inc., on behalf of 7- Eleven, Inc., with respect to the property hereinafter described as: Lot 2, Capri Commercial Center, in Section 3, Towns'~ip 51 South, Range 26 East, Collier County, Florida SEP 1 2 2000 be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement 2 for service stations of 500 feet between the above described property and the lot on which the nearest 3 service station establishment is located, with a resulting required minimum separation requirement of 4 200 feet, subject to the following conditions: 5 6 1. Development of the site shall comply with Section 2.6.28 of the Land Development Code. 7 BE IT RESOLVED that this Resolution relating to Petition Number ASW-2000-01 be recorded 8 in the minutes of this Board. 9 This Resolution adopted after motion, second and majority vote. 10 Done this __ day of ,2000. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 28 29 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAiRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: M arj ori6,)M~ Student Assistant County Attorney G:ladmin/ASW-2000-O1/RG/ts -2- SEP ~:~._ 2000 EXECUTIVE SUMMARY PETITION SNR-2000-04, JOHN TANGORRA, REPRESENTING THE NATURE POINTE HOMEOWNERS ASSOCIATION, REQUESTING A STREET NAME CHANGE FOR A PORTION OF OUTRIGGER LANE TO GORDON RIVER LANE, LOCATED IN NATURE POINTE SUBDIVISION, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST. OBJECTIVE: The Petitioner requests a street name change for that portion of Outrigger Lane located within the Nature Pointe Subdivision to Gordon River Lane. CONSIDERATIONS: The Petitioner states that the reason for the change is to separate the private, gated community of Nature Pointe, located in the Nature Pointe Subdivision, from the adjacent Coconut River Estates Subdivision. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 20 owners of property abutting the street in question, 11, or 55 percent, have granted their approval of the change. FISCAL IMPACT: Any time a platted, existing street name is changed, there are associated fiscal impacts. Potential impacts in this case include staff time spent revision plats and addressing records; costs to fire, Sheriff's Office, Post Office, EM$, and 911 Emergency Services, to update records and maps; and costs to property owners to update personal records (checks, stationery, business cards, etc.) GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: Not applicable. AGENDA ITEM SEP 1 2 2OOO HISTORICAL/ARCHAEOLOGICAL IMPACT: Not applicable. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2000-04, changing the name of that portion of Outrigger Lane within the Nature Pointe Subdivision to Gordon River Lane. EAC RECOMMENDATION: Not applicable. CCPC RECOMMENDATION: Not applicable (The CCPC does not hear Street Name Change petitions). AGENDA ITEM SEP 12 200O PREPARED BY: F~9~S G'OCJ~AUR, ~LANNER II CURRENT PLANNING RE IEWE ' BY: i'RoNAL6 F. 'l~l~lq'(~,, AICP, CURRENT PLANNING MANAGER DATE R~BE~AICP, PLANNING SERVICES DIRECTOR ? APPRO,VF_.O BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE DATE SNR-2000-04 AGENDA ITEM SEP 12 2000 RESOLUTION NO. 2000- RESOLUTION RENAMING A PORTION OF OUTRIGGER LANE TO GORDON RIVER LANE, WHICH STREET IS LOCATED IN NATURE POINTE SUBDIVISION, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of that portion of Outrigger Lane located within the Nature Pointe Subdivision to Gordon River Lane. This street is located in Section 35, Township 49 South, Range 25 East, Collier County, Florida, Nature Point Subdivision, according to the plat thereof, recorded in Plat Book 20, Pages 20 through 22, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The name of that portion of Outrigger Lane located within the Nature Pointe Subdivision ~s hereby changed to Gordon River Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of ., 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: M~tudent /~ Assistant County Attorney g/ad min/SN R-00-04 Rcsol ution/RG/im BY: TIMOTHY J. CONSTANTINE, CHAIRMAN AC-.ENDA ITEIV SEP 1 2 200 FOR STREET NAME CHANGE $h/~00-04 PETITIONER'S NAME: PETITIONER'S ADDRESS: Telephone No. COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary.) Name of Homeowner Association: Mailing Address l (o~7 ~'~t~f' Name of Homeowner Association: City K%~{~> State¢~ ' Zip Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Appli~a~e ~r S~r~ Nam Oma~ - ! I/9~ Pa~2, 'S AUG 0 1 200{ Pg. PROPOSED CHANGE: CURRENT NAME OF STREET: PROPOSED STREET NAME: STREET IN QUESTION IS: [] public. or [~private Reason for proposed change: ~0t-ku ~'~ ~.~,,~-~ \~ Approximate length of street: ~ ~/t~ I~; Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: ~, (~ Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: .~ 70 Applicant [/q does, or [] does not, (approx. $100.00 per sign ) Applica~m br S~eet Ntue L~ - !1/98 agree to pay cost of street sign replacement for pub ~,' AUG 0 1 2001 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) Range: Unit No. Tract No. B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section:__ Township: Range: Appileathm ~r ~ Name C!mm~ - 11,98 AUG 0 1 2000 , ors PETITION TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COl~-MISSIONERS TO CHANGE THE NAN[E OF THE FOLLOWING STREET NAME FROM 00'~ ~r ~(~/3f ~-~N, SIGNATURE ADDRESS LEGAL DESC. DATE AUG 0 REVISION: NATURE POINTE Lot 1 1999 Outrigger Lane " 2 1973 " " " 3 1947 " " " 4 1921 " " " 5 1895 " " " 6 1869 " " " 7 '1843 " " " 8 1817 " " " 9 1791 " " " 10 1765 " " " 11 1739 " " " 12 1713 " " " 13 1687 " " " 14 1661 " " " 15 1635 " " " 16 1609 " " " 17 1573 " " " 18 1547 " " " 19 1521 " " " 20 1495 Outrigger Lane GOLDEN GATE.PARKWAY LOCAT[0N HAP Address range (this project):1490 - 2000 Outrigger Lane (33942) Section 35 Township 49 Range 25 AUG 0 I 2000 ii~.. i EXECUTIVE SUMMARY APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 2000-37, THE OLDE CYPRESS PUD TO CORRECT A SCRIVENER'S ERROR DUE TO OMISSION OF AN INTENDED REVISION TO THE TABLE OF DEVELOPMENT STANDARD FOR RESIDENTIAL AREAS APPROVED AT A DULY HEARD PUBLIC HEARING HELD ON MAY 23, 2000. OBJECTIVE: To accomplish by a scrivener's error a correction to Ordinance Number 2000-37 of the Olde Cypress PUD to account for an omission to the table of development standards for residential areas wherein a provision to allow accessory pool enclosure structures to locate within five (5) feet of side or rear property lines was omitted. CONSIDERATIONS: The executive summary presented to the Board of County Commissioners clearly included the fact that the Olde Cypress PUD table of development standards for residential areas included a provision that allowed accessory pool enclosure structures to be located within five (5) feet of side or rear property lines. An excerpt from the executive summary presented to the Board of County Commissioners on May 23, 2000, reads as follows: "In addition to the changes caused by the additional acres, a minor amendment is proposed to the Table II to allow pool enclosure structures to locate within five (5) feet of side or rear property lines." GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: None SEP 1 2 2000 STAFF RECOMMENDATION: That Ordinance Number 2000-37 be amended to provide for the addition of regulation to footnote 3 of the Table of Development Standards for Residential Areas as follows: Accessory uses such as pool enclosures may be attached to principal uses and accessory uses may be setback five (5) feet from side or rear property lines. ;PARED. BY: ' A~c"-~F~' Iqi~67AI CP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROl~ER~ J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE G/EX SUMMARY/Ordinance 2000-37/RN/im /? /-/ SEP 1 2 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 2000-37, THE OLDE CYPRESS PUD TO CORRECT A SCRIVENER'S ERROR DUE TO OMMISSION OF AN INTENDED REVISION TO SECTION 7.05 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 2000-37, on May 23, 2000, and; WHEREAS, following said action adopting Ordinance No. 2000-37, staff determm~l that the PUD document ~'ansmit~ed to the Department of State did not contain a provision that was otherwise intended and made a par~ of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 7.05, DEVELOPMENT STANDARDS Section 7.05, Development Standards of the Olde Cypress Planned Unit Development (Ordinance Number 2000-37), is hereby amended to correct a scrivener's error by amending said sedtion to read as follows: TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMI I'Kt~D SINGLE ZERO TWO SINGLE MULTI- USES AND FAMILY LOT FAMILY & FAMILY FAMILY STANDARDS DETACHED LINE DUPLEX ATTACHED & DWELLING DUPLEX Minimum Lot 6,000 5,000 3,500 3,000 S.F. I AC Areas S.F. S.F. S.F?) per du. Miramum Lot 60 45 35 30 150 Width Front Yard 25 ~') 20 m 20 ~'~ 20 25 Setback Side Yard 5 ~'~ 0 or 0 or 5 0 or .5 BH 0 or .5 Setback 10 BH Rear Yard 20 10 20 20 25 Setback Principal Re, at Yard 10 5 10 10 10 Accessory (3) Maximum 35 35 35 35 45 ~'~ Building Height Distance Bctw~-n N.A. N.A. N.A. 10 .5 BH Structures Floor Area Min. 1200 1200 1200 1000 750 (SF) Words :~.:':k ~-'e::F,E are deleted; words underlined are added. SEP 1 2 2000 Pg. *~ BH -- Building Height (1) Each halfofa duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum of seven thousand (?,000) square feet. (2) Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. (3) (4) Accessory uses such as pool enclosures may be attached to principal uses and accessory uses may be set back five (5) feet from side or rear property lines. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. (5) Single-family dwellings which provide for two (2) parking spaces within an enclosed side. entry garage and provide for gaest parking other than privale driveways may reduce front yard requirements to ten (10) feet for the garage and twenty (20) feet for the remaining structures. (6) Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the caves and the ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade, with the exception of the entry monument depicted in Exhibit D, which may be developed in accordance with the elevations provided. (7) Four habitable floors above parking. A maximum of seven habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking, and the 28.68 acres located along the eastern edge of the project in Section 22 and the subject of the 1999 Notice of Change to the DRI is permitted a maximum height of three (3) stories or thirty-five (35) feet. (8) The project entrance signage, which includes architectural enhancements, shall be permitted along the near eastern extremity of OLDE CYPRESS as depicted on Exhibit D on lands under common ownership by the developer. day of This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ ., 2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: 'M~rjc~ie M. Student Assistant County Attorney t7Ron Nino/Ordinance 2000-37/RN/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Words :~--':k ,s. .....u are deleted; words underlined are addec [?// SEP 1 2 2000 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AMENDING RESOLUTION NUMBER 2000-158, A CONDITIONAL USE OF A PRIVATE CLUB AT THE LA PLAYA RESORT TO CORRECT A SCRIVENER'S ERROR TO THE LEGAL DESCRIPTION APPROVED AT A DULY HEARD PUBLIC HEARING HELD ON A MAY 23, 2000. OBJECTIVE: To accomplish by a scrivener's error a correction to Resolution Number 2000-158, a conditional use of a private club at the La Playa Beach Resort to account for a typographical error in the legal description of the lands included in the Resolution. CONSIDERATIONS: The legal description in the resolution contained a typographical omission wherein the number of lots failed to include the beginning lot number. The public hearing advertisement notice correctly included all of the lots owned by La Playa Beach Resort. It is apparent that a typographical error was committed during preparation of the resolution. The legal should have read as follows: Lots 25 through 30, inclusive, Block A, Unit No. 1, and Lots 24 through 28, inclusive, Block B, Unit No. 1, Connor's Vanderbilt Beach, as recorded in Plat Book 3, Page 9, of the Public Records of Collier County, Florida. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That this Resolution Number 2000-158, be amended to correct the legal description through a scrivener's error as follows: Lots 25 through 30, inclusive, Block A, Unit No. 1, and Lots 24 through 28, inclusive, Block B, Unit No. 1, Connor's Vanderbilt Beach Estates, as recorded in Plat Book 3, Page 9, of the Public Records of Collier County, Florida. A a E N [~ .~T E_.,.,.,.,.,.,.,.,.,~. SEP 1 2 PREPARED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER 0%, DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR 7 APPROV~I~ ~/~ Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g/admin/Execulive Summary/La Playa Beach ResortdRN/im DATE DATE NO. ~ SEP 1 g ~000 p~. ~ RESOLUTION NO. 2000- A RESOLUTION AMENDING RESOLUTION NUMBER 2000-158 A CONDITIONAL USE FOR A PRIVATE CLUB AT THE LA PLAYA BEACH RESORT HOTEL TO CORRECT & SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution Number 2000-158, on May 23, 2000, and; WHEREAS, following said action it was determined that the executed Resolution contained a typographical omission in the legal description that was otherwise intended and made a part of the public heating and therefore constitutes a scrivener's error. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida; that: The legal description contained in Resolution Number 2000-158 is hereby amended to read as follows: Lots 25 through 30, inclusive, Block A, Unit No. 1, and Lots 24 through 28, inclusive, Block B, Unit No. 1, Connor's Vanderbilt Beach Estates, as recorded in Plat Book 3, Pages _8 and 9, of the Public Records of Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Ma{j or(fM. Student Assistant County Attorney g/admin/Resolution 2000-158/RNim BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Words s'.".:ck tkrz'.:gS are deleted; words underlined are added. SEP 1 g 2000 EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 87-25, BY REVISING SECTION FIVE; PROVIDING FOR INCLUSION IN THE CODE OF LAW AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE OBJECTIVE: That the Board of County Commissioners consider the adoption of an ordinance amending Collier County Ordinance No. 87-25,by revising Section Five which will allow officers or employees of the County to purchase surplus property pursuant to procedures outlined in Section 274.06 Florida Statutes - Surplus Property Alternative Procedures. CONSIDERATIONS: On April 21, 1987, the Board of County Commissioners adopted Collier County Ordinance No. 87-25. Section Five of Ordinance No. 87-25 provides for Conflict of Interest. Within this section, it allows for officers or employees of the County to only purchase goods or materials from the County by public auction authorized by law on the same basis as all other members of the public. The proposed amendment will allow officers or employees of the County to purchase surplus property from the County pursuant to the alternative procedures outlined in Section 274.06 Florida Statutes. Sale of surplus goods or materials will be subject to the approval of the Board of County Commissioners prior to implementation. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION:That the Board of County Commissioners adopt the attached Ordinance amending Ordinance No. 87-25, and authorize the Chairman to sign sa~e. ,~' __.'~? ' / , PREPARED BY: ~?"i~:,/¢ ,, ,,' ~,'~-~-T~;";' DATE: Owen Butler Interim ~urch~$ing Director REVIEWED BY: DATE: Jo-Anne Varcoe-Leamer Support Services Administrator ORDINANCE NO. 2000- AN ORI)INANCF_,,~ AMENDING COLLIER COUNTY ORDINANCE NO. 87-25, BY REVISING SECTION FIVE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 87-25, establishing the Collier County Purchasing Department and providing definitions, providing for duties and authority of the Purchasing Director, providing for conflict of interest, providing for procedure for the adoption of a purchasing policy, and providing for changes and amendments to Purchasing Policy; and WHEREAS, on August I, 2000 staff obtained permission from the Board of County Commissioners to amend Ordinance No. 87-25, by amending Section Five thereof. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION. ONE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY ORDINANCE NO. 87- 25. SECTION FIVE of Collier County Ordinance No. 87-25 is hereby amended as follows: SECTION FIVE - CONFLICT OF INTEREST. No officer of the County shall contract with or have any business dealings with the County whereby they may derive income or benefits other than those provided as remuneration from the County for their employment. However, no officer or employee of the County shall be prohibited from purchasing, at public auction authorized by law or pursuant to p~ocedures outlined in Section 274.06 Florida Statutes, Surplus Property Alternative Procedures, used goods or materials from the County on the same basis as are all other members of the public. Sale of surplus goods or materials as outlined above shall be subject to the approval of the Board of County Commissioners prior ,to implementation. Further, the County may purchase from any employee or officer any real or personal property owned by such officer or employee which it is determined to be needed for County business, provided that the consideration paid for such property does not exceed its fair market value. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this ~)rdinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Words underlined are added; Words S'..~ack T.~a;:g~ are deleted. Pg._ SECTION THREE: CONFL/CT AND SEVERABILITY. In the event this Ordinance contlicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the .Board of Coumy Commissioners of Collier County, Florida, this day of ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: Rol~ert N~ Z~chary Assistant County Attorney TIMOTHY J. CONSTANTINE, Chairman H:RolgtOrdinancm-Am~mdm~nt fo~ Surplus Pral~a~ 2 Words ondcrlined are added; Words Sa-azk T~c.:~g.~. are deleted.