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Agenda 10/10/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 10, 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 REQUlRES 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 1N 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. I October 1 O, 2000 I. INVOCATION - Reverend Alan Watkins, First Baptist Church of Naples 2. PLEDGE OF ALLEGIANCE A. SELECTICON OF CHAIRMAN AND VICE -CHAIRMAN 3. APPROVAL OFAGENDAS A. APPROVAL OFCONSENTAGENDA. B. APPROVAL OFSUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. September 12, 2000 - Regular Meeting B. September 13, 2000 - Pelican Bay Budget C. September 20, 2000 - Budget Public Hearings 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming October as "Vision Awareness Month". To be accepted by Ms. Jane DiPoala. 2) Proclamation proclaiming October 23 through the 30th, 2000 as "Red Ribbon Week". To be accepted by Angela and Robert Hignite. 3) Proclamation proclaiming October 9th through the 15~h, 2000 as "Marco Island Film Festival Week" and that October 12th, 2000 be designated as "Celeste Holm Day". To be accepted by Maury Dailey. B. SERVICE AWARDS 1) Kyle Lukasz, Pelican Bay - 20 Years 2) Sharon Long, Planning Services - 15 Years 3) John Walters, Parks & Recreation - 15 Years 2 October 10, 2000 4) Robert Casey, Wastewater- 10 Years $) Richard O'Dell, Wastewater- 10 Years 6) Nell Maclarry, EMS - 5 Years 7) William Degenhart, Purchasing - 5 Years 8) Meredith Myers, Parks & Recreation - 5 Years 9) Emilio Rodriguez, Isles of Capri Fire Control - 5 Years 10) Pamela Callis, Solid Waste Department - $ Years 11) Russell Longworth, Wastewater - 5 Years 12) Louis Massarone, Parks & Recreation - 5 Years 13) Linda Sujevieh, Real Property - 5 Years 14) Thomas Walsh, Water Department - 5 Years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Request by Ms. Nina Birtoio for Public Petition to discuss 2000 and 2001 Naples Jaycees July 4th Festival and Fireworks Display. B. This item has been deleted. C. Request by Mr. Howard Matson for Public Petition to discuss Zoning Violation and Improper Permitting, Lot 77 Palmetto Dunes. D. Request by Betty M. Pagani and Kathy Bruce for Public Petition to discuss the intersection of Myrtle Lane and U.S. 41. 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Presentation to the Board of County Commissioners on an Award of Merit received by the Community Development and Environmental Services 3 October 10. 2000 Division by the Florida Chapter of the American Planning Association in recognition of the Bayshore and Gateway Triangle Redevelopment Plan. 2) Recommendation that the Board of County Commissioners be a primary sponsor for the Planning Symposium on Smart Growth. B. TRANSPORTATION SERVICES C. PUBL1C UTILITIES D. PUBLIC SERVICES 1) Approval of a Professional Services Contract with Ms. Maggie McCarty for the Operation of the Collier County Film Commission. E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT Closed Attorney-Client session for discussion of Settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case ofPopp v. Collier County, Case No. 99-3286-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorney Michael W. Pettit. (This session will commence at 2:00 p.m. or at the conclusion of the regular meeting agenda whichever occurs earlier.) 10. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding representation on the Florida Association of Counties Board of Directors. (Commissioner Carter) B. Appointment of member to the Workforce Development Board, Region 24. C. Appointment of members to the Historical/Archaeological Preservation Board. D. Appointment of member to the Public Vehicle Advisory Committee. E. Appointment of members to the Select Committee for Community Character and Appearance. 4 October I0, 2000 F. Appointment of members to the Emergency Medical Services Advisory Council. G. Reconsideration of previously discussed items referring to alternative road impact fee calculations for golf courses. (Commissioner Mac'Kie, Commissioner Carter, Commissioner BrandO 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 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 SEPTEMBER 12~ 2000 MEETING. 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 436 residential dwelling units for property located on the west side of Livingston Road, approximately 3/4 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. C. OTHER 1) Approve Ordinance 2000- County Citation Ordinance. __ amending Ordinance 97-35, the Collier 2) Recommendation that the Board of County Commissioners adopt a resolution to find that redevelopment and planning activities are underway in the Gateway Triangle/Bayshore Community Redevelopment Area and that projects in the area to be in conformity with the Community Redevelopment Plan. 5 October I0. 2000 3) THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 24~ 2000 MEETING. Amendment to the State Housing Initiatives Partnership (S.H.LP.) Down Payment/Closing Cost Assistance Program for First-time Homebuyers. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-2000-15, James Houser of Quailmark Homes, Inc., representing Earl and Ada Engelmann, requesting a 3-foot after-the-fact variance from the required 20-foot rear yard setback for accessory structures to 17 feet for property located at 4377 Pomarine Court, further described as Lot 65, Block K, Longshore Lake Unit 5D, in Section 20, Township 48 South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request Creekside West Inc. to delay commitment to construct east/west road in Creekside Commerce Park until completion of a County utility project involving the construction of a 30-inch sewer forcemain. 2) Petition VAC 00-007 to disclaim, renounce and vacate the County's and the public's interest in the Public Road Right of Way located within the IslandWalk Development which is referred to in certain recorded 6 October t O. 2000 3) 4) 5) 6) 7) instruments, Public Records of Collier County, Florida, and being located in Section 34, Township 48 South, Range 26 East. Petition VAC 00-015 to vacate the 10' drainage easement recorded in O.R. Book 915, Page 521, Public Records of Collier County, Florida, and to accept a 12.5' drainage easement, located in Section 29, Township 48 South, Range 25 East. Recommendation to approve Commercial Excavation Permit No. 59.760, "Eckhart Lake Commercial Excavation" located in Section 5, Township 48 South, Range 28 East; bounded on the north by vacant lot, on the south by 52nd Avenue N.E. right-of-way, on the west by vacant lot, and on the east by canal right-of-way. Request to approve for recording the final plat of "Island Walk Phase Five A", 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 "Coachmen Glen" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. To accept the donation of 1,800 square feet of storage space as equivalent to $11,600 in operational expenses and authorize the release of $13,900 of TDC Funds to the Marco Island Historical Society. B. TRANSPORTATION SERVICES 1) This item has been deleted. 2) A Resolution authorizing the execution of a Joint Participation Agreement (JPA) For public transit expenses with the Florida Department of Transportation (FDOT) and authorizing the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate the JPA with the FDOT unless specifically rescinded. 3) Approve Change Order No.2 to the construction contract No. 00-3031 with Hannula Landscaping, Inc. for C.R. 951 Part "B" landscape improvement, Project No. 69118 4) A Resolution authorizing the execution of a Joint Participation Agreement (JPA) for public transit vehicles with the Florida Department of Transportation (FDOT) and authorizing the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate the JPA with the FDOT unless specifically rescinded. 7 October I0, 2000 5) 7) Approve Bid #00-3144 "SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance." Approve Change Order No. 4 with APAC-Florida, Inc. for additional construction services for the widening of Immokalee Road from 1-75 to Collier Boulevard (CR 951), Project No. 69101, CIE #8. Amend Work Order TS-BL-9908 to provide additional construction work for the Bayshore Drive Beautification Municipal Services Taxing Unit (MSTU) Landscaping Project. C. PUBLIC UTILITIES 1) Certify financial responsibility for South County Regional Water Treatment Plant Reverse Osmosis Expansion Deep Injection Wells, Project 70054. 2) Authorize Public Utilities Administrator to accept Department of Environmental Protection Settlement Offer. D. PUBLIC SERVICES 1) Adopt a Resolution to Convey a Grant of Utility Easement to Sprint-Florida, Incorporated, at Golden Gate Community Park. 2) Adopt a Resolution, Approve an Easement Agreement and Convey a Grant of Utility Easement to Sprint-Florida, Incorporated in Isles of Capri. E. SUPPORT SERVICES 1) Appropriate Carry Forward in Countywide Capital Projects Fund (301). 2) Approve a Budget Amendment for the Fiscal Year 2001 PC Replacement Program. 8 October I0. 2000 F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #00-512. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY 1) Approval of agreed order regarding appraisal fees in the eminent domain case entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fussett Trust dated 6/05/86, et aL, Case No. 99-3040-CA 2) County provision of legal representation to current and former county employees. 17. SUMMARY AGENDA - THIS SECTION 1S FOR ADVERTISED PUBL1C HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Petition CU-2000-07 William L. Hoover, Hoover Planning & Development, representing Pastor Jaime Espinoza of the lglesia Herederos De Dios (Lake Trafford Christian Church), requesting a conditional use for a church, a private 9 October 10, 2000 Ce school, and a child care facility for property located on the south side of Lake Trafford Road, approximately 2.5 miles west of S.R. 29 in Section 36, Township 46 South, Range 28 East, Collier County, Florida, consisting of 19.15+ acres. Petition V-2000-18 Stephen J. Trudnak, P.A., representing David and Diane Bautsch, requesting a 4'-8" variance from the required 10-foot rear yard setback for accessory structures in order to renovate and expand a pool and deck for property located at 297 3rd St. West in Little Hickory Shores Subdivision, Unit #3 Replat, Block F, Lot 9, as recorded in Plat Book 6, Page 2, Bonita Springs, Florida. Petition VAC 00-003 to disclaim, renounce and vacate the County's and the public's interest in 15 foot drainage easement along the common tract line of Tracts "T" and "S" shown on the plat of "Northbrooke Plaza" as recorded in Plat Book 31, Pages 65 through 66, Public Records of Collier County, Florida and being located in Section 19, Township 48 South, Range 26 East and to accept a 15' wide replacement drainage easement along the common tract line of Tracts "R" and "S". Adopt a Resolution Approving Amendments to the Fiscal Year 1999-2000 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. IO October I0, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING OCTOBER 10, 2000 ADD: Item 10 H - Discussion regarding new Commissioner attending Florida Association of Counties. (Commissioner Carter) CLARIFICATION BY THE COUNTY ATTORNEY: Item I0{G) is be clarified to reflect that the items to be reconsidered are as follows: September 12, 2000, Items 12(C) 3) 4) 6) 7) Review hearing to determine eligibility to submit alternative road impact fee calculations for Tiburon, Pelican Marsh and Bay Colony golf courses. Review hearing to determine eligibility to submit an alternative road impact fee calculation for two nine-hole golf courses at Grey Oaks. Review hearing to determine eligibility to submit an alternative road impact fee calculation for the Valencia at Orangetree golf course. Review hearing to consider an alternative road impact fee calculation for Vanderbilt Country Club. Review hearing to consider an alternative road impact fee calculation for Naples Heritage Golf and Country Club. September 26, 2000, Items: 12(C) 3) 4) 5) 6) 7) 8) Review Hearing to consider an alternative road impact fee calculation for the golf course at The Strand. Review Hearing to consider an alternative road impact fee calculation for Naples Grande Golf Course. Review Hearing to consider an alternative road impact fee calculation for Golf Club of the Everglades. Review Hearing to consider an alternative road impact fee calculation for Naples Lakes Country Club. Review Hearing to consider an alternative road impact fee calculation for Cedar Hammock Country Club. Review Hearing to consider an alternative road impact fee calculation for Old Collier Golf Club. NOTE: ADMllVISTRATION § 2-36 ARTICLE L IN GENEHAL Sec. 2-1. Purch,~,s f~om slate division of cor- rections. The sheriff, the board of county commi,sioners, or any school or public institution or agency fi- nanced by county or municipal funds, is autho- rized to purchase and the state division of coffee. tiens is authorized to sell any item, inclodln~ brick, produced, processed or mnnufactured by the division not required for use therein or for use in a~y institution trader tJae supervision of the board of commissioners of state institutions. (Laws of Fla. ch. 65-845, § 1) Editor's note--The act codified in the above section waz repealed a~ a state act and assumed ordinaries status pursuant to Law~ of FI~ ch. 71-29. Sees, 2-2--2-25. Reserved. ARTICLe. H. BOARD OF COUNTY COMMISSIONF_I~* DMSION 1. GENERALLY Sec. 2-26. Franchises generally. In addition to all other powers granted by law, the county acting through its board of county com- missioners may exercise its power of government for county. purposes by gran~ng exclusive or non- exclusive franchises to persons and municipal and quasimunicipal bodies for the performance of any proprietary function, authority or power, or part thereof; a~d limit, condition, regulate and ether- wise control the use and performsnee of such fran- chise. No such franchise sh.ll extend into nor con- fiict with any incorporated municipality within such county. The board of county commissioners may not regulate or control the use of such fran- chise granted to any utility subject to the juris- diction of the public service commission, or coop- *Special act r~fe~nee--Special acts ~inlng ~ bo~d of counW tombstones, ~ 202-26 et s~, Sta~ law ~n~--~n~ au~o~ ~ve ~ m~t- in~, F.S. ~ 125.01(1~a). eratives organized and existing under the rural electrification cooperative law of this state. (Laws of FIs. ch. 61-557, § 1) Editor's noto--Tha set codified in the above section was repealed as a state act and assumed ordinance stems pursuant to Lawa of Fl~ oh. 71-29. Sees. 2-27--2-35. Reserved~ DMSION 2. MEETINGS Sec. 2-36. General provisions. (a) Regular meetings. The board of county com- missioners shall norm.lly hold its regular meeting at 9:00 a.m. each Tuesday, axcept on a day desig. nated as a holiday. Meeting~ may be postponed or cancelled by board actJan. Meetings shall nor- mally be held in the county courthouse, East Na- ples, and shall be open to the news media and the public. Meeting~ may be held in other locations within the county. (b) Special meetings. When the chairman or a majority of the board calls a special meeting, the clerk shall be notified to inform the county ad- ministrator, the county attorney and representa- tives of the press setting the place, date and hour of the meeting and the purpose for which the meeting is called. (c) Agenda. There shall be an official agenda for each meeting of the board, which shall deter- mine the order of business conducted at the meeting. (1) The board shall not +~ke action upon any matter, proposal, report or item of business not listed upon the offi~i-1 agenda, unless a majority of the board present consents. CD2:7 (2) The county administrator shall prepare each agenda in appropriate form approved by the board. Matters may be placed on the agenda by the county administrator, any county commissioner, the clerk, the county attorney, and the constitutional officers. The agenda shall be prepared and distrib- uted not later i l~a~N~xlh~~ he regular meeti g. NO. ~ ~ CCT ..... -36 COLLn~-R COUNTY CODE (d) Presiding officer, election, duties. The pre- siding chairman and vice-chairman shall be elected by a majority of the members of the board of county commissioners and said election shall occur at the first regularly scheduled board meeting in January of each year. In the event that the chairman and/or the vice~h~irman are not reelected as comnty commissioners in any given year, the beard of county ¢ornrnlsSioners shnll elect a chairman and/or vice-chairm~_n~, as applicable, on the third Tuesday ai~er the first Monday in November to temporarily serve tmtil the first reg- ula~Iy scheduled board meeting in January at which time the scheduled election shall ~ place. However, the chairman and the vice-chairman shall serve at the pleasure of the board. The vice- chairman shall preside in the absence of the chairman. The chairman shall become the pre- siding officer immediately after his election. The chaxrman shall preserve order and decorum at all meetings. He shM1 state every question and an. ~unce the decision of the commission on each ~m of business. The majority vote of the mem- bers present shall detarmi,e all questions of order not otherwise covered. The chairman may vote on any question, his name being called last. The chairman shall sign all ordinances, resolutions and legally binding documents adopied by the com- mission during his presence. In hi~ absence, such ordinances, resolutions and legally binding docu- ments shall be signed by the presiding officer. {e} Call to order. At the hour appointed for the meeting, the chalrm~n shall immediately call the board to order. In the absence of the ohAi~nn~l and the vice-chairman, the clerk shall determine if a quorum is present and r,l! for election of a temporary chairman to serve until arrival of the chairman or vice-chairman. (f) Quorum. A majority of the board shall con- stitute a quorum. No resolution, legally binding document or motion shall be adopted by the board without the affirmative vote of the majority of all members present. Should no quarum attend within 30 minutes after the hour appointed for the ~--meeting, the chairman, vice-chairman, or in their )sence, the clerk or his designee, may adjourn .he meeting. (g) Rules of debate. The following rules of de- bate shall be observed by the board. Except as herein provided questions of order and the con- duct of business shall be governed by Rober~'s Rules of Order. (1) (2) CD2:8 (3) (4) Motion under consideration. When a tion is presented and seconded, it is under consideration and no other motion shall be received thereal~er, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These coun- termotions shall have preference in the order in which they are mentioned, and the frrst two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (5) Chairman participation. The presiding chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a com- missioner by reason of being the presiding (6) Form of address. Each member shall ad- dress only the presiding officer for recogni- tion, shall confine himself to the question under debate, and sh,l! avoid personalities and indecorous language. Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop spe~ki~g until the question is determined by the presiding efficer. Any member may appeal the decision of the chair to the board for decision by majority vote. Privilege of closing debate. The commis- sioner moving for the adoption of an ordi- nance, resolution or other act shall have the privilege of closing debate unless oth- erwise directed by the chair. The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of hi ~ vo~_.NDA ITEM No. WI4E~EA~ mdm~dual$' mlt~$ may be m~asured by them a~oability to pardicreate a~ contributm9 meanbets of them community throogh thei? abi/tty to work, purchase and se~ce.~ , and occea~ ~d porttct~ote m all aspects o£ commatory hf~ and, the la~ of ~imon rt~y aHtct the ahdity of an mdw~dual to r~gat¢, to find employment and hot~ing, to acce.~ techno/~c~y and reedreal ae~ce-$, and to othe~e I~ad ~ independent/i£e ~i/e contributm9 to the commumty; and, obtainin9 l~owl~d~ about c~nt kr~, rights, skill, ~d abJlitt~ of th~s popu~tt~ will ~lt ~ with ~s~/ I~ ~ ~o are bli~ to ~ ~1 acc~ this collective l~o~le~ rdll cantinue to afford the~e individuals the opportam ~y member~ o£ n the WH~EA5 the abiht~s of 'rs ~d ~$ that T-a~OT74Y ?. ~q~-rAl~r23~, ~AN AGENDA ITEM No._ OCT 10 2000 Pg- / WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, pROCLAMATION prevention resources have been dramalically cot, programs and community based efforts are asked Io do more with less and community services compete for remaining limited support; and, substance abuse is the most common risk factor impacting our behavioral health, particolarly for our young people (furthering delinquency, teen pregnancy, HIV/AIDS, child abuse and violence and so forth); and, families face unprecedented pressures and stress imposed upon them by the overwhelming nature of today's society; and, prevention and intervention effor~ continue to influence non-use of alcohol, tobacco and other druR abuse, it still remains prevalent in every Florida community; and, Floridians must recommit to strengtheninR families, neiBbborhoods, and communities and educetinR our citizens about prevention focused initiatives to counter the problems of substance abuse; and, research and data reflect unquestionably that prevention works and that our and positive lifestyles is imperative; and, Federal the the brutal murder of which our youth Florida become ;oilier County, commitment h participate positivelifestyles. d ribbon to symbolize our acb citizen, and to fhroughout the year that support DONE AND ORDERED THIS t 0~ Day of October, 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: TIMOTHYJ. CONSTANTINE, CHAIRMAN DWIGHT E. BROCI~ CLERK VVI-I~EA$, ~E45, l~e ~Am"ch ~ F~Tm Fe~Ywl ~ coef~d ~o lq~ eco~m~ kvdol~l~elt of Film F~Yvol #~ oo~ of c~y; ~d, fl~ I1~ ~le~d FiI~ F~#iwl ~ t~c~lved fir~nci~l ~ ~ it~ fi~¢ f'e.f#wl I~ Ochers. 1.0~8 ~ Collien C~ T.D.C. ~eo'il'~; ~ ~ ~ ~31e~d FiI~ F~iv~l Ufmfim~ A~imw~r~f Awe,~ c~ ~mrsol~m Holm will foll,~l I,/ridrt ~ Ti~ I~i~ ~ ~ e ~rt e£ fl~/~m-co ~1o~d Film i~dudin DONE AND ~ cl~i~m of fl~ Film r ~ollit~ Cmmt,l, of T-~I~OTk~/,T. C"~TA~ C"HIL~AN AGENDA ITEM No. .5~ ~ OCT 1 0 2000 Pg. COLLIER COUNTY MANAGER'S OFFICE September 1, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Nina Birtolo Management Vice President Naples Jaycees P.O. Box 10416 Naples, FL 34102 Re: Request for Public Petition to Discuss 2000 and 2001 Naples Jaycees July 4t" Festival & Fireworks Display Dear Ms. Birtolo: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 10, 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 Boarifs 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, Thomas-W. Oll~ County Manager 'l'VVO:jeb CC: County Attorney AUG 55 '00 1S:39 FROM CAR~L:O!~ ~AGE.Oj Naples, FL 02 Augusl 25, 2000 Dear Tom Oliff, The Naple~ Jaycees would lL~e to respectfully request to be added to Lhe Board of County Comm!ssloners agenda on October 10 ~ ae ~ason ,,~r ,~i,s request ~s to ,~ubhcly petltlon for the pu~osc of discussion of~he 2000 ~d ~90~ Naples Jaycees July- 4~ Festival & Fireworks Display If you have any questions please call Lisa Dougi~s at 9!i -775-2737 Yh~ you for your time. Smccrely, Nina B~olo M~agement Vice Presidmt Naples Jaycees TOTAL COLLIER COUNTY ADMINISTRATOR'S OFFICE September 27, 2000 3301 EAST TAMIAM1 TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Howard T. Matson 117 Palmetto Dunes Circle Naples, FL 34113 Re: Request for Public Petition Regarding Zoning Violation and Improper Permitting, David and Karen Nords, Lot 77 Palmetto Dunes, (115 Palmetto Dunes Circle) Dear Mr. Matson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 10, 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 Boarifs 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") ofthe government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any fur/her information or assistance, please do not hesitate to contact this office. Sincerely, TWO:jeb cc:: County Attomey Bob Mulhere, Director Planning Services OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: RECEIVED CCL~NTv ~,D~IIN~$TR~-TORS OFFICE Mik~nt County Manager ......... Ramir6"Maffalich, Chief Assistant County Attorney:'' ': '~ 'r d~ ~ ACTION ................. September 22, 2000 FILE-- Public Petition Request by Mr. Howard T. Matson Enctosed please find a letter dated September 20, 2000 from Mr. Howard T. Matson requesting a review by the Board of County Commissioners of the matter described in Mr. Matson's letter. Mr. Matson has met with Bob Mulhere, Marjorie Student and me on several occasions. At our last meeting, he requested that I submit these materials to your office. At this point, it appears to me that this is a matter for public petition. Please contact me when you receive Mr. Matsoh's letter and the enclosed exhibit book submitted by Mr. Matson so that I may inform you of the background of this matter. Mr. Matson has respectfully requested to be put on the earliest available Board of County Commissioners' agenda. Thank you for your attention to this memorandum. RM:dja Enclosures CC: Mr. Howard T. Matson David C. Weigel, County Attorney Marjorie Student, Assistant County Attorney Thomas W. Olliff, County Manager Bob Mulhere, Director Planning Services Howard T. Matson l 17 Palmetto Dunes Circle Naples, Florida 34113 September 20, 2000 Mr. Thomas W. Olliff County Manager, Collier County 3301 Tamiami Trail East Naples, Florida 34113 Re~ Zoning Violation and Improper Permitting, David & Karen Norris, Lot 77 Palmetto Dunes, ( 115 Palmetto Dunes Circle) Naples, FL 34113. Dear Mr. Olliff: I request review by The Collier County Board of Commissioners (Zoning Board of Review) on the Zoning Violation of false construction of Pool on unauthorized 10-ft setback line when initial application for Permit showed this pool to be on the 25-fl setback line. Book of Review Documents concerning this violation has been furrushed Ramiro Manalish, Assistant County Attorney for his review and recommendations to you. If it is necessary that this Violation go before the Zoning Board of Review, then I request that the Job Site be Flagged and shut-down until the review is complete so that no further violations occure, Very truly yours, Ho-;vard T. Matson COLLIER COUNTY ADMINISTRATOR'S OFFICE September 27, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX /941) 774-4010 Ms. Betty M. Pagani 5272 Myrtle Lane Naples, FL 34113 Re: Request for Public Petition Regarding the Intersection of Myrtle Lane and U.S. 41 Dear Ms. Pagani: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 10, 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 Boarifs 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 Boarifs 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 Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Olliff U~ - county Manager TVVO:jeb cc:: County Attorney Bob Mulhere, Director Planning Services A*SENi;~A. ITEM No, OCT 1 0 2000 5272 Myrtle Lane Naples, Fl. 34113 August 17, 2000 Mr. Tom Olliff County Manager 3301Tamiami Trail East Government Center Naples, Fl. 34112 Dear Mr. Olliff: I am sending you copies of previous correspondence regarding the area where Myrtle Lane intersects with U. 41. I am sure these letters will be self explanatory. In accordance with the suggestion from Mr. Edward J. Kant, P.E., I am requesting that you schedule this petition at the next available Board meeting. It would be appreciated if you would notify myself and the other residents of Myrtle Lane when this meeting will take place. Included in the attachments is a copy of the plaB~ ~ of theFDOT To reconstruct U.S. 41 at Myr51e Lane provlaea to me by Mr. Don DeBerry, P.E., FDOT, Southwest Area Office, Fort Myers. This plan (when implemented) will make any entry onto U.S. 41 impossible for all the residents of Myrtle Lane without taking their lives in their hands. Sincerely, BETTY M. PAGANI EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS OF AN AWARD OF MERIT RECEIVED BY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVIS1ON BY THE FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION IN RECOGNITION OF THE BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN. OBJECTIVE: To recognize the County Planning Services staff and Landers-Atkins Planners, Inc. for their achievements in preparing the Bayshore/Gateway Triangle Redevelopment Plan. BACKGROUND: In response to the initiative of a group of concerned residents and property owners, the Bayshore Redevelopment Team (BART), public forums were conducted in November, 1997 and January, 1998 to gather resident input on the opportunities for improvement to the Bayshore area community. This "grass roots" effort resulted in the selection of Landers-Atkins Planners in August, 1998 to work with the County Planning Services Department to develop a redevelopment plan for the consolidated Bayshore/Gateway Triangle. After numerous public meetings, charrettes, and presentations, the final Redevelopment Plan was approved by the BCC on November 9, 1999. The initial involvement of concerned residents and the resulting Redevelopment Plan served as the catalyst for the creation of the Collier County Community Redevelopment Agency (CRA) which will manage and direct the implementation of the Redevelopment Plan. Redevelopment and community improvement efforts in Immokalee were also brought into the CRA jurisdiction. FISCAL IMPACT: This Executive Summary generates no fiscal impact. GROWTH MANAGEMENT IMPACT: Community plarming and redevelopment are major tenets of the Collier Growth Management Plan (GMP). The preparation and implementation of the Bayshore/Gateway Triangle Redevelopment Plan will further the GMP's goals. OCT 10 000 I RECOMMENDATION: That the BCC accept the Award of Merit on behalf of the residents and concerned citizens of the Bayshore and Gateway Triangle, County staff, and Landers-Atkins Planners, Inc. PREPARED BY S~AN LITSINGE~I, AICI~OMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: R~BE~AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE SL/EX SUMMARY/lb OCT 1 o 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS BE A PRIMARY SPONSOR FOR THE PLANNING SYMPOSIUM ON SMART GROWTH. OBIECTIVE: To secure County participation as a primary sponsor in the symposium entitled Planning For Tomorrow: A Smart Growth Symposium for Southwest Florida to be held on November 9,2000 in recognition of World Town Planning Day. The cost of the sponsorship is $500. BACKGROUND: The American Planning Association endorses World Town Planning Day as a strategy to promote a broad-based awareness, support, and advocacy of planning among the general public and all levels of government. Held annually on November 8, World Town Planning Day was started in 1949 in Brazil to advance public and professional interest in planning and has expanded throughout the world. Last year the Board of County Commissioners adopted a Resolution recognizing World Town Planning Day. This year, the Promised Lands Section of the Florida American Planning Association, has collaborated with several organizations to present a plarmmg symposium on Smart Growth in conjunction with World Town Planning Day. A task force of various organizations including: Promised Lands, Collier County Planning Services Department, FGCU, the cities of Naples and Marco Island, Bonita Bay Properties, and WilsonMiller has been formed to organize this event. The symposium will be held on November 9, 2000 at the Elks Club in Naples. The cost of the symposium is $15 per person. The symposium will include a panel on the historical overview of development patterns in Southwest Florida and a panel on cutting edge planning initiatives. Panelists include representatives from the private and public sector with experience in the local area as well as other areas within the State. The Promised Lands Section of the FAPA, a non-profit organization, is the local section of the Florida American Planning Association, which is the state chapter of the American Planning Association. The section provides professional development to its members through a variety of workshops. The Promised Lands Section was the first organization to step forward as a Primary sponsor of the event. The organization is seeking additional sponsors for the event. Sponsorships are available in two categories: Primary Sponsors -$500 each, and Co-Sponsors - $100 each. Sponsorships will help to defer the cost of printing and distributing the program brochures and travel expenses for out of town speakers. CONSIDERATIONS: In recognition that the County is at the crossroads of deciding future development patterns with the rural assessment, the development of the Community Character Plan, and adoption of the Commtmity Redevelopment Plan, participation in this symposium OCT 1 0 2000 would be beneficial to elected officials and the public at large. Sponsorships will assure that the event is a success. FISCAL IMPACT: Staff is recommending that the Board approve a budget transfer from the General Fund Reserves to Fund 111 - Comprehensive Planning Operating budget in the amount of $500. The $500 would be used for postage and/or printing of the brochures. GROWTH MANAGEMENT IMPACT: Participation in this symposium will help to further our Growth Management Plan goals and objectives in achieving and maintaining a high quality natural and human environment. CCPC RECOMMENDATION: Not Applicable ENVIRONMENTAL ISSUES: Not Applicable HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: Staff recommends that the Board support the planning symposium by agreeing to be a Primary Sponsor of the event, to continue to support staff's involvement in the task force, and approve the necessary budget amendment for $500. PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION September 28, 2000 DATE REVIEWED BY: STAN LITSINGER, AICP COMPREHENSIVE PLANNING MANAGER DATE 2 AGE = OCT 1 0 2000 ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE 3 OCT i 0 2000 pg. '---.~ EXECUTIVE SUMMARY APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH MS. MAGGIE McCARTY FOR THE OPERATION OF THE COLLIER COUNTY FILM COMMISSION. OBJECTIVE: To promote local economic development through the coordinated marketing of Collier Coumy as a location for filming motion pictures, television shows, commercials, and documentaries, as well as for still and fashion photography productions. CONSIDERATION: On June 13, 2000, the Board of Commissioners approved an amendment to the 2000 Tourism Developmere Agreement with the Tourism Alliance of Collier County. This amendment called for the exclusion of the Film Commission from the Tourism Alliance. In addition, the Board directed staff to develop an agreement with Ms. Maggie McCatry to provide the services necessary to successfully operate the Film Commission effective October 1, 2000. The attached agreement, which has been reviewed by the County Attorney's Offme, outlines the terms and conditions for providing these services. FISCAL IMPACT: Funds to cover the costs associated with this contract in the amount of $68,000 are budgeted in the TDC Promotion & Special Events Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommend that the Board approve a contract with Ms. Maggie McCatry to provide services as a "Film Commissioner" as outlined in the attached agreement and approve any associated budget amendments. ./f. .,- . SUBMITTED BY( ~-/,~,/j')?' ~f~///' (,~.~,.f,(~ ~. Date: ~ K~h~ McL~y-Ca~nter / Executive ~creta~ APPROVED BY: Leo E. Oehs, Jr. , / Public Services Administrator AGREEMENT TltlS AGREEMENT, made and entered into on this 1u day of October 2000, by and between Maggie McCarty, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": COMMENCEMENT. The Contractor shall commence the work upon issuance o£ a Purchase Order and shall be for a one (1) year period, terminating on September 30, 2001, unless extended as provided for below. The County may, at its discretion and with the consent of the Contractor, e~end the Agreement under the same terms and conditions for two, separate, one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term at least ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall provide services as a "Film Comrnissioner" as set forth in Exhibit "A", attached hereto and incorporated herein by reference. All tangible product produced by the Film Commissioner (which includes all items listed in Exhibit "A") shall automatically be property of Collier County, and, upon request by the Public Services Administrator, or his designee, shall promptly be delivered to Collier County at no cost to the County. Additional services as required shall be mutually agreed upon written Change Orders by the Public Services Administrator (or designee) and the Contractor, and each Change Order shall become a part of this Agreement. THE CONTRACT SUM. The County shall pay Contractor for the performance of this Agreement an estimated maximum amount of thirty-nine thousand dollars ($39,000) subject to Change Orders as approved in advance by the Public Services Administrator or designee. Other allowable reimbursable expenses shall be as set forth in Exhibit "B", attached hereto and incorporated herein by reference, in an estimated maximum amount not to exceed twenty-nine thousand dollars ($ 29,000), subject to Change Orders as approved in advance by the Public Services Administrator or designee. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work as accepted and approved by the Public Services Administrator or his designee. Payments for personal services shall be made to the Contractor in twenty-four (24) equal installments on the 15a' and 30"' of each month. Payments for allowable reimbursable expenses shall be made to the Contractor when requested as work progresses, but not more frequently than once each month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, F. S., namely, the "Florida Prompt Payment Act". 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Collier County Film Commission 755 8~' Avenue South Naples, Florida 34102 All Notices from the Contr:'ct::r to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 Either party hereto may change that pany's mailing address at any time subject to giving the other party written notification of the change. All notices under this Service Agreement must be in writing. PERMITSi LICENSESi TAXES, In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor and at the costs of the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. The Contractor shall also comply with all rules, regulations and laws of Collier County, of Florida, and/or the U.S. Government now in force or hereafter in effect. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons, if any, employed by the Contractor. NO IMPROPER USE. The Contractor will not use, suffer or perinit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter in effect. In the event of any such violation by the Contractor, or if the County or its authorized representative shall deem any conduct on the pan of the Contractor to be objectionable or improper, the County shall have the right to suspend this contract. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension may continue until the violation is cured. The Contractor agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the Public Services Administrator or designee. NO PARTNERSHIP. Contractor is and shall remain an independent contractor. Nothing herein contained shall create or be construed to intend to create any partnership, joint venture, or any other similar or dissimilar relationship between the County and the Contractor or to constitute the Contractor as an agent or representative of the County in any capacity. TERMINATION. Should the Contractor be found to have failed to perform services under this contract in a manner satisfactory to the Public Services Administrator or designee, the Board of County Commissioners may terminate this agreement immediately for cause; further the Board may terminate this Agreement fo; convenience snbject to giving Contractor thirty (30) prior day written notice of same. The Public Services Administrator shall be sole judge of' such unacceptable non-performance. 10. NO DI~(.t.I~I_IN:xTION. The Contractor agrees that Contractor shall._'~ including because of any person's race, gender, color, creed, national ]~rigir~0~?~I~.~ ~ affiliation. [ ~o\_.~ ~'~ "~ 11. 12. 13. 14. INDEMNIFICATION. The ContractoffVendor, in consideration of ten ($1_0.00), the receipt and sufficiency of which is accepted tta'ough the signing of this agreement, shall hold harmless and defend Collier County and its officers, agents, and employees from all suits and actions, including attorneys' fees and all costs of litigation ,~nd judgments of any name and description arising, directly or indirectly, out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County, or any such person, by any employee of the named Contractor, any subcontractor, or anyone else directly or indirectly employed by any of them. Contractor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor's limit of, or lack of, sufficient insurance protection. The first ten dollars ($10.00) received on the contract price is payment of this obligation. This section does not pertain to any incident arising from the sole negligence of the County or any office or employee of the County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Services Administrator or his designee. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit "A", Exhibit "B". FUNDING IS SUBJECT TO BUDGETARY APPROPRIATIONS. It is further understood and agreed by and between the parties that this agreement is subject to budgetary appropriations by the Board of Count,/, Commissioners. 3 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) TIMOTHY J. CONSTANTINE, Chairman ~ONTRACTOR: First Witness ?Type/print witness name? Second Witness ~'Type/print witness name? By: TITLE: MAGGIE McCARTY Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney EXHIBIT 'A" PROGRAM OBJECTIVES. The tasks of the Contractor ("Film Commissioner") are to market Collier County to motion picture, TV, commercial, documentary, news media, music video and still photography producers, hereinafter referred to as "Producers". Duties of the Film Commissioner shall include, but not be limited to, the following: 2. 3. 4. To solicit industry production to the area. To provide efficient client support services for all Producers. To maintain a rapid response time for lead/inquiry responses. To educate the local community about the Film Commission's purpose and benefits to Collier County's economy. To develop and foster a good relationship with all local government entities affected by the Commission. To work with Collier County based businesses in developing an atmosphere advantageous to production. STRATEGIES. To solicit industry production to the area. · Attend industry trade shows · Make sales calls when in Los Angeles and New York · Develop a location web page · Work with Film Florida L.A. liaison · Work with The Florida Film Commissioner's Office · Mailings to producers in pre-production Provide efficient and professional assistance to all Producers · Rapid response to all leads · Establish and maintain a Collier County location library · Produce a production guide · Produce a Location guide Provide rapid responses to inquiries · Develop catalog system to inventory Collier County locations · Create a location file that exemplifies the uniqueness of Collier County · Outreach to all Collier areas for location of interest to any Producer · Continually update and expand the Collier County location library · Develop relationship with Collier County professional photographers for services Educate the Collier County market ~-- · Story placement in Collier County media · Press releases to Collier County and other media · Public speaking engagements to promote Collier County with respect to m~l ^gre_emcnt '/- 5 Develop and foster a good relationship, in Collier County, with all municipal, county and Florida entities effected by the film commissioner · Inclusion of municipalities and Collier County in revenue tracking · Facilitate permitting · Work with TACC · Work with Collier County and municipal law enforcement and fire officials · Work with FDOT · Work with The Conservancy and the Florida EPA Work with Collier County businesses in developing an atmosphere advantageous to the Producers · Meet with owners/staffofCollier County production companies · Maintain a Collier County production guide · Meet with sales representatives from Collier County accommodations · Maintain Membership in Collier County area chapter of Florida Motion Picture and Television Association .PROGRAM OF ACTION. To provide excellent and efficient support services to all Producers' projects. · Create and continually expand a location library by at least 15 files per year · Participate in a comprehensive annual Florida state production guide · Produce and maintain a local film production guide · Produce and maintain targeted collateral materials · Provide 24-hour availability to clients · Facilitate permitting · Provide timely, comprehensive responses to all leads To concentrate on primary target industries: print advertising/fashion, new media, television commercials, feature films, TV MOWs and series. · Project-specific ads (as needed) in trade publications · Include collateral piece in all packages · Provide comprehensivelocation files · Require all location files meet industry standards · Place ad in production guide for film office · Timely comprehensive response to leads · Timely follow-up with clients · Sales meetings while in Los Angeles and New York · Participation in film industry trade shows, including but not limited to ShowBiz West, ShowBiz East, Locations, and National Association of Television Production Executives (NATPE) · Press releases and story placement in trade media · Develop a professional collateral package which reinforces the images of Collier County as a unique production venue · Maintain good working relationship with other film commissioners Coordinate and foster a good relationship with all city, county and state government departments affected by the film industry · Include appropriate city, county and state departments on mailing lists for press releases Work with local business in developing an atmosphere advantageous to production · Timely follow-ups with clients to assure needs are being met · Continue familiarization with local production facilities · Continue familiarization with local accommodations · Continue familiarization with local businesses whose services could be utilized during production REPORTING. The Film Commissioner shall submit written monthly activity reports to the Public Services Administrator documenting the progress achieved in completing the program objectives set forth in Exhibit A. The Film Commissioner shall submit quarterly reports to the Tourism Development Council. The Film Commissioner shall submit an annual report to the Board of County Commissioners no later than October 30xh of each calendar year. EXHIBIT Reimbursable Items shall include, but not necessarily be limited to, the following items, subject to acceptance and approval of type or amount of the expenditure by the Public Services Administrator or designee. Dollar amounts are estimates; actual expenses may vary byline item amount and category. Absent unexpected circumstances, and subject to prior approval of the Public Services Administrator, no total estimated dollar amount shall be exceeded. If at any time it may appear to the Contractor that any total dollar amount may be exceeded, the Public Services Administrator shall be so advised. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 F.S. Reimbursements shall be at the following rates: Mileage: Meals: A/rfare: Rental car: Lodging: Parking: Taxi or Airport Limousine: 29 cents per mile Actual cost not to exceed $42.00 per day Actual ticket cost Actual rental cost Actual cost of lodging at single occupancy rate Actual cost of parking Actual cost of either taxi or airport limousine MEMBERSHIP DUES. Association of Film Commissioners International Film Florida Florida Motion Picture and Television Association TOTAL: TRADE SHOWS. SHOWBIZ EAST Cineposium Conference National Association of Television Production Executives (NATPE) Locations 2001 Annual FL Film Commissioners Conference Quarterly FL Film Commissioners Meetings Drayage Sundance Fihn Festival TOTAL: MARKETING. $ 500 $ 300 $ 200 $ 1000 $ 3300 $ 2000 1700 3200 800 1000 200 3500 Advertising Priming/copying FedEx Postage Website services Production Guides TOTAL: SUBSCRIPTIONS. Hol13~vood Reporter Premiere Entertainmere Weekly TOTAL: OPERATING EXPENSES. Telephone/Cell Internet access Mileage Film Processing Office Space Reference Materials Office supplies - general TOTAL: TOTAL EXPENSE Es'rLMATE: $ 5oo $ 4oo $ 800 $ 60o $ 1200 $ 1200 $ 4700 $ 250 $ 20 $ 20 $ 290 $ 740 $ 265 $ 1500 $ 1555 $ 240o $ 150 $ 700 7310 29000 ..N. OTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that the Board of County Commissioners of Collier County, as announced at the September 26, 2000 Board meeting, and pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney-client) session on TUESDAY, OCTOBER 10, 2000, at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs earlier in the Commission conference room, 3ra Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of Poppv. Collier County, Case No. 99-3286-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorney Michael W. Pettit. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened and the person chairing the meeting shall announce the termination of the session. The transcript shall be made pan of the public record upon conclusion of the litigation. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAIV[ES D. CARTER, VICE-CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) EXECUTIVE SUMMARY APPOINTMENT OF MEMBER TO THE WORKFORCE DEVELOPMENT BOARD, REGION 24. OBJECTIVE: To obtain Board approval for the appointment of I member to the Workforce Development Board, Region 24, previously known as the Southwest Florida Private Industry Council, Inc., Service Delivery Area #20. CONSIDERATIONS: An interlocal 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 workfome is available to the regional economy it serves. The Workforce 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 Parmership Act (JTPA). A list of the current membership is attached for your review. Mr. Joseph Paterno, Executive Director for the Workfome Development Board, in a letter dated September 20, 2000, has requested confirmation of the following appointment nominated by the Immokalee Chamber of Commerce and representing the private sector of Collier County: Ms. Maribel Herrera, Southwest Florida Insurance Agency, Inc. 1312 West New Market Road Immokalee, FL 34142 Telephone: (941) 657-9505 FISCAL IMPACT: NONE GROWTH MANAGEMENTIMPACT: 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 d'Lrect the County Attorney to prepare a resolution confirming the appointment. Prepared By: Date: Sue Filson, Administrative Assistant October 10, 2000 >~ ~i=a <,Wings, Florida 3qi3~, ?ho~e: 941-992-8000 ~x: 9:z -9,48-3359 September 20, 2000 Commissioner Pain Mac'Kie Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Commissioner Mac'lKie, On behalf of the Southwest Florida Workforce Development Board, Inc., I am submitting for your concurrence the following individual for appointment to the Workforce Development Board, Region 24: Ms. Maribel Herrera Southwest Florida Insurance Agency, Inc. 1312 West New Market Road Immokalee, Florida 34142 Telephone: 941-657-9505 Ms. Herrera was nominated b~ the Immokalee Chain ber of Commerce. and will represent the private sector of Collier County on the Board. The term of office Ms. Herrera will serve will be from the date of commission appointment until June 30, 2004. Your concurrence of this appointment would be appreciated. Sincerely, Joe Paterno Executive Director JP/elm AGENDA 1TEM 08x29x2000 09:5~ SWPL WORKFORCE DEVELOPMENT BOARD a ?741602 N0.650 Q02 08/2G/2000 09:50 SWFL WORKFORCE DEVELOPMENT BOARD a ?743602 N0.650 D03 STEVE PERSONETTE, t~ddent 2431 l Walden Center Drive, Suite 200 Bonita Springs, Florida .~4134 Phone: 941-992-8000 Fax: 941-948-3359 JOE PATERNO, Evecutive Dtrectm. L,~'ie AIl~c Tarport Coast National Bmnk '14~0 Tamiami Trail ~ ~ar~, Fl. ~hon~: ~1-0~-~111 'Dr. Keith Mathews Chaderie County ?ublic 144~ Education Way Pt. ~aH~, FL Phone: 94t-~5-080~ Fax: 941-255-75~ Do, Ashley 306 E. Olympia Avenue Punta Oorda, Fl. 35950 Phone: 941-639-6600 Fax: 041-639-6115 Chadot-'~ County Wa~ Management, 23040 Harborview ~oad Charlo~ Har~or. Fl. 5~980 Phone: ~1-627-1318 Fax: 941-62~3394 Dr. Max Schml~tt Charlotl~ County Schools 1445 Education Way Pt. Charlotte, Fl. 539~8 Phone: 9~1-255-0/508 Fax.' 941-255-7571 BetSy Williams Economic Development Cootcline,cot 1000 Tamiami Trail, Suite 100 Pt. Char[otl~, Fl. 35948 Phor~e: 941-627-3025 Fax: 941-627-6514 I~rya n Lanouville ~2~ Bowman Terrace I~. Chadot~e, Fl. 55955 ?hone: 941-~29-5055 Fax: 941-024-5241 OCT 1 O 2000 Serving Charlotte, Collier, Glades, Hendry and Lee Counucs Florida '[~:lcphone Relay System - TI'Y I-8OO-955-8771 - Voice 1-800-955-8770 ~2~2000 09:50 S~FL ~ORKMORCE DEUELOPMENT BORRD * ?74~602 H0.650 ~04 Maw EII~ Ir, eily NCH Health Care ~yet~m P.O. ~ 415029 N~ple~, FI, ~101 4~301 TamiamI Trail Noah. 5uYr~ 300 Naplee, Ft. ~54103 Phone: Pax: ~1 Jim McGregor Cal'penf, er~ Local Union 1E~1 927 Enl~rpriee ^wnue NaF~e. FI. ~1~ Fhon~; Fax: ~1 -~-3~10 EDC of Collier Cou.t,y 3000 N. Horeeehoe Dr.. 5u~ 120 ~on~: ~1-263-89~9 Collier County Frank F. odrtguez 1~'1; National Dan~ of Naplee 900 Goodlette l~a~ Noah Naplee, Fl. ~102 Fax: ~1-4~-7~29 Dr. Lou Tralna lnT,~ma'r, ion al Collouie 2~54 Tamlami Trail Eaet NaFl~e. Fl. 3~112 Phone: ~1-774-4700 Fax: 941-77&-4593 'Dr. Fr~edci( I~. Tu~l;le, Jr. Lorenzo Walker lne~ltuf~ o~ Tachnolo~Jy 3702 Es~ Avonu~ Nap~, PL ~1~ Phone: Fax: ~1~30-6922 D~ Dan Whl~ Collier County Public 5chool~ 3710 E~eyAvenue Nap~e, Ft. 34104 Phone: 94%643-2700 Fax: 941~3~-E~P31 S~F~- L~ORKFBRCE DE~ELOP~NT ~10~l~D ~ Gl d lH rl ry C unt, y °Dr. Howard Hendry County School Dietrick ~1I~, FL Phon~: ~3-9~3-1511 Gat'd Clat~ Glad~, County School Diu-~r'ict. ?.0. R, ox 4~39 Moore Haven, Fl. 33471 Phone: ~3-94.6-20E,3 '~onny Hu~jhee Gladtee County School Di6tHc~. P.O. ~ox 459 Moore Haven, FI, 3~71 ?ho~e:/563-94~-00~5 Fax:/503-946-1329 David L;yone Lyons Printing P.O. I~ox 516 Cl~wie~on. Fl. Phone: 8~3-9~53-6753 Fax',/5~3-9~53-2007 Ml~ha~l Vineon, St. Gled~e Elect~ic Cooperative P.O. t~ox 519 Moore Haven, Fl. 3~71 Phone: 1-~00-226-~24 F~: 1-~3-~-~50 08x29/2000 09:50 SWFL WORKFORCE DEVELOPMENT BOARD ~ ?943602 N0.650 Q06 uz I~aa~-Ier North ^medca Corporation F~ Myer, PI. 5~91~ Phone: ~1-~1-5~0 Fa~ ~1-7~-~1~ Fran Gibbons Chll-lren & Family Services 2295 Victoria Avenue, 2r~ Floor Ft~ Myers, Fl. 33901 Phone: 941-H38-1454 Fax: 941-SHS-144H Dr. 5ruce Hair Lee Courrb~ ~hool I~oard F~ ~e~, FI, ~901 Fax: ~1-337-~37e L~ County Community Action Agency 8H ?ordella ~oad, Suite 1 No~ ~, My~, Fl. 33~3 Phone: ~1-~-7930 F~: ~1-6~-79~0 Cla~ Hill Hilton NapOs and Towers 5111 Tamiami Trail North Naples, Fl. 34103 Pho~: 941-4H0-4900 Fax: 941-430-4901 1203 Kittl~ake Circle Sanlbel, Ft. Pho~. 941~72-5061 Fax: 941-472-9761 Lee County George I~rahn Ply. ofWorkforce & Employmen$Opporl~n~as 24311 Wal~len Center Eoni~ 5pHng~, Fl. ~1~ Phone'. ~1-992-8000 F~: ~1-9~-3~9 Dr. William Men,vin Florida Gulf Coast University 10501 FGCU I~oul~vard South Ft. My~s, Fl. 3H9~o5 Phone: 941-590-1055 Fax: 941-590-1059 'Paul Monagan Edison Community College P.O. Box 60210 Ft. Myers, FI, 33906 Phone: 9~1-489-9270 Fax: 941~89-9418 M~. Melvin Morgan 2196 Pauldo 9tree~ Ft. Myere, Fl. 33916 Phone: 941-332-0092 Fax: 941-332-0092 ~call tim-t) St~ve ?ersonette Sprint Box 370 Ft. Myers, Fl. 33902 FLFTMC0501 Phone: 941-335-8201 Fax: 941-334-0583 CCTi 88/29/2000 09:50 SWFL WORKFORCE DEVELOPMENT BOARD ~ ?74~602 N0.650 QB? Dr. I~nnel;h Walker E~ll~n Community College P.O. I~x 00210 Pt. Myers, Fl. 33900 Phone: 941-~59-9211 Fax: 9~1-489-0341 Louie Walker 299~ Lafayette Street Fort Myers, FI. 33910 Phone: 941-~37-330~5 Fax: 9~rl-337-2411 Janet Wal~rmeler EDC of Lee Count-~ 21~50 W. Firet Street, Suite 306 P~. Myerm, PI, 33901 7t~: 941-33~-3161 Fa~ 9~1-338-3227 Ma~y Waifera Vocational Eehabilltation Service~ 37~3 I~roadway, Suite 203 Ft. M.yer~, FI. 55901 Phone: 9~1-27~5-7517 Fax 941-27/~7255 Leah Whll~ 25500 ?eachland Doulevara Ft. Charlotte, Fl. 35954- Phon~: 941-27/5-1311 Fax: 9~1-704-120~5 Lee County [Continued) 'Jim Whittamore School DiStrict ~f Lee Count~ 3800 Michigan Avenue F~. Myere, Fl. 33916 Phone: 941-334-6221 Fax: 941-352-1939 AGENDA ITEM, NO. e,,',T ~, -, OBJECTIVE: To appoint 3 members to serve 3 year terms, expiring on October 1, 2003 on the Historical/Archaeological Preservation Board. CONSIDERATIONS: The Historic/Archaeological Preservation Board had 3 terms expire on October 1, 2000, representing the category of History, Landscape Architect and Citizen-At- Large. 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. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William J. Tyson - reappt Landscape Architect Alex Dusek - reappt History William J. Dempsey Citizen-At-Large COM2~IITTEE RECOMMENDATION: 1 Yes Historical 3 Yes Historical 4 Yes None William J. Tyson Alex Dusek William J. Dempsey FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members to serve 3 year terms, and direct the County Attorney to prepare a resolution continning the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: October 10, 2000 Memorandum TO: FROM: DATE: SUBJECT: Sue Filson, Adminislrative Assistant ~ °o baredr t °jr. CM°u~et Yre~ °Aim~ s s ;~r!~__~ Planning Services Director September 22, 2000 Historic Preservation Board Vacancies Please be advised that the Collier County Hismac and Archaeological Preservation Board has discussed the request for consideration relative to the vacancies on the above referenced advisory comnuttee. The Preservation Board has received resumes f~om William J. Tyson, Alex Dusek and William J. Dempsey. The vacancies are for the 1) Landscape Architect; 2) History; and 3) At-Large categories on this board. Based on the Preservation Board's review of the apphcanfs resumes, they have recommended the reappomtynent of William J. Tyson to fill the Landscape Architect category and Alex Dusek to fill the History category. They also recommended that William Dempsey be appointed to fill the At-Large category. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB/RJMJrb cc: Vincent A. Cautero Run Nmo Ray Bellows Community Development & Environmental Services Division Planning Services Historical/Archaeological Preservation Board Work Phone /lppt'd E:cp. Dttte Term Home Phone DateRe-appt 2ndExpDate 2nd Term Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 District: 2 Category: Citizen-At-Large 6~9-0088 09/01/92 10/01/95 3 Years 434-8696 01/26/99 10/01/01 3 Years Joanne Maxro Quinn 03/24/98 1084 Sixth Street, South 261-9468 01/26/99 Naples, FL 34102 Dislrlct: 4 Category: Citizen-At-Large Alex Dusek a/to~ ~an3'o;"/~on 09/01/98 ~ ~ '~7;,~Av pi~',-g r'w4.,~ 4¢774-2428 Naples, FL ~ :SWI~ District: 1 Category: History 10/01/98 7 mo. 10/0 I/01 3 Years 10/01/00 2 Years Charles D. Dugan, Jr. 640 Via Mezner, #601 Naples, FL 34108 District: 2 Category: Real Estate/Land Development 09/12/00 10/01/02 2Years Lora Jean Young 1268 N. Collier Boulevard Marco Island, FL 34145 District: 1 Category: Citizen-At-Large 642-5925 William J. Tyson 732 Hernando Drive Marco Island, FL 34145 District: 1 Category: Landscape Architect 394-0800 09/27/94 10/01/97 3 Years 09/23/97 10/01/00 3 Years 09/08/98 10/01/00 2Years ~ T~srsds~y, ,.~pte~/~r 14. 2000 Page I of 2 Historical/Archaeological Preservation Board S~ Work Phone Appt'd Exp. Date Term Horne Phone DateRe-appt 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 judediction to designate, ragulate, and administer historical and amhaeological resources in Collier County. under the direct jurisdiction and contrel of the Bcard of County Commissioners. Membership is composed of 7 members 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 posi~ons 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 Elec~ons. Terms are 3 years. FL STilT: Staff..' Bob Mulhere, Planning Services Director. 403-2400 P~ge 2 of 2 MEMORANDUM DATE: August 21,2000 TO: FROM: Vinell Hills, Elections Office Sue Fibon, Administrative Assist~,,l/J Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointme:~t 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 William J. Tyson 732 Hemando Drive Marco Islam,. FL 24145 Alex Dusek 963 Fountain Run /Naples, FL 34119 ~- qq'i)01~Vi.,11iam J' Dempsey 1806 Harbor Lane Naples, F1 34104 . qt7....5'~,~-~ ,..~o'~'~ Theink you ~br your help. I A(~DA ITEM MEMORANDUM DATE: TO: FROM: August 21, 2000 Robert Mulhere, Planning Services Di~:c~)r Sue Filson, Administrative Assis ,~ ~ 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: William J. Tyson 732 Hemando Drive Marco Island. FL 34145 Alex Dusek 963 Fountain Rnn Naples. FL 341 l q William J. Dempsey 1836 Harbor Lane Naples, F1 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 4 t day time-frame, and 1 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 Received Aug-21-00 11:32am from 9413945662 - Scanner page 1 08/~t~000 12:~7 9~5~ WILLI~ J TYSON ~GE 81 August 21, 2000 P.O. Box n2~ Mm,¢o Iskmd, ~ X4',4~ Mrs, Sue Rison Aclmlnlstrafive Assistant Board of County Comml.ioner~ Boarct of CoWer Count/Commissioners 3301 East Tarri(3ml Trail Napies, FL 34112.4977 RE: HJsto~tcal/Arc~aeologlcol Preservation Boara Dear k~, would very much ike to continue sef~lng on the HIM'o~-'al/N'cMaeofoglcol Prese~atlo~ Boata, have certainly e~oyed my ~ te~m ancl am proud to have been O r'nen'~er of on winning group of indivicluois woddng with Ray Eatows. ncere y, August 2000 Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson, In response to your letter informing me that my tenure on the Historical & Archaeological Preservation Board expires on October 1, 2000, please be advised that wish to continue for another term. Although I do not have an official resume, I do believe that I have served the board well. I have continued to study the Calusa and Naples history in general. I have written articles and have been a guest speaker on two occasions regarding the history of the Calusa. I am currently a member of the Southwest Florida Archaeological Society, The Florida Archaeological Society and the Marco Island Historical Society. I would like to continue service on the Board. Sincerely, Alex Dusek TREISER~ KOBZA & LIEBERFARB, Cam. Thomas A. Collins. 11 o William J. Dernpscy FitzgemJd A. Frat~r * a Benjamin C. Iseman Catherine E. Kidon Kim Patrick Kobza 0 Stanley J. Liebeffarb C, Richard Mancini Christopher L Thornton Richard M. Treiser Christopher T. Vernon ATTORNE~YS AT LAW The Northern Trust Building 4001 Tamiami Trail North Suite 330 Naples, Florida 34103 Telephone (941) 649-4900 Fax (941) 649-0823 Internet Address: www. tkvnaples.com Richard Shapack o+ of Coun~l August 9, 2000 VIA FACSIMILE (774-3602) AND US MAIL Attention: Mrs. Sue Filson Board of County Commissioners Administrative Assistant 3301 Tamiami Trail East Naples, Florida 34112 RE: Advisory Committee Vacancies Dear Mrs. Filson: I am writing to express my sincere desire to acquire one of the vacancies on the Historical/Archaeological Preservation Board as listed in your Press Release dated July 27, 2000. I am a local attorney practicing real estate development and land use law with the finn of Treiser, Kobza & Lieberfarb, as well as an avid preservationist and amateur archaeologist. I am married to a life-long Naples area resident - Mrs. Judith Beckler - and plan to make Naples my permanent home. As a recent arrival to the area, I wish to contribute to the community through volunteer work and civic involvement. As such, I have become an active member of the Collier County Bar Association and Midday Optimist Club, and would like to become actively involved in the Preservation Board. On a personal note, I was born in Livomo Italy and lived in Italy and Germany for Twelve years. During my undergraduate studies, I was accepted by the University of Pemgia in central Italy for an ovemeas study program focusing on the Italian history and architecture. My studies included several archaeological digs on Etruscan and pre-Etruscan sites, and the study of local and national preservation programs. In a practical application of these studies, I succeeded in having my grandmother's 18th century farmhouse in Piadena, Italy, designated as a local historical landmark and secured private financing for the restoration of the home and surrounding grotrods. During law school, I was fortunate enough to work with George Rare,, ~l~'~l~,, -- Anderson, McGowan & Steele in preserving several Pinelias County landmarks [~y and acquiring local and national historical status for each. These buildings include the Saint Petersburg Coliseum, the Kress Building, the Rutland Building, and the Alexander Hotel. I found that I have an intense interest in all matters historical, and deeply wish to become actively involved in local historical preservation. In addition, I am very familiar with the general processes for designating landmarks as historical or archaeological treasures, and would like to bring my experience and enthusiasm for the subject to the Preservation Board. Accordingly, attached please find my resume for your review. I can also supply references on request. If you should have any questions or comments, please do not hesitate to contact me directly. Ven; William J. Dempsey Enclosure WILLIAM JACK DEMPSEY 1836 HARBOR LANE NAPLES, FLOmDA 34104 wdempsey~tkvnaples.com (941)417-5683 EDUCATION: Stetson University College of Law. J.D., Cure Laude, May 1998. S'T t:: fSON LAW REVIEW Notes and Comments Editor, October 1998 to May 1998. National Dean's List, May 1998. Elizabeth M. Leeman Award, May 1998. University of South Florida. BA., Cure Laude, English and Amedcan Literature, December 1993. University of Perugia - Perugia, Italy. Overseas Study Program, Summer 1993 and 1995. PUBLICATION: Lawyer v. Department of Justice: Florfda's Dance with the Distdcting Demon, 27 STETSON LAW REVIEW (Fall 1998). PROFESSIONAL EXPERIENCE: Treiser, Kobza & Lieberfarb, Chartered - October 1999 to present. Real estate attorney specializing in residential and commercial transactions, and commercial litigation. development, commercial Fifth District Court of Appeal, Honorable James C. Dauksch - October 1998-99 - Judicial Clerk with heavy emphasis on research, writing, and computer skills. Rahdert~ Anderson, McGowan & Steele - Law clerk and editor, April 1997 to June 1998 Very involved in historical/archaeological preservation, including acquiring local and national historical status for the Kress Building, Rutland Building, Alexander Hotel, and Saint Petersburg Coliseum. Edited George Rahdert's Manual of Appeals for the Fifth Circuit and Manual of Appeals for the Eleventh Circuit. U.S. District Court for the Middle District of Florida - July 1997 to January 1998. Judicial intern for Chief Judge Elizabeth Kovachevich through Stetson's liaison program. Professor Rebecca Morgan - September 1995 to December 1997. Research and text editor for Elder Law and Judicial College textbooks. NONO. - Born November 1967 in Livorno, Italy. Flodda resident since 1977. Pg' - Married to Judith Beckler Dempsey. ~'~"'~'~- - Member of the Naples Midday Optimist's Club, Florida Bar, and Collier County Bar Association. Director, Collier County Bar Association Speaker~s Bureau. PERSONAL OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on September 2, 2004 on the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee had 1 term expire on September 2, 2000 representing the Affiliated category. Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93. 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 interested citizen: APPLICANT CATEGORY DIST ELECTOR AlEIV. COMM. I Patricia M. Baisley-reappt ] Affiliated I 2 IYes I PVAC COMMITTEE RECOMMENDATION: Quasi-Judicial Board - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to serve a 4 year 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: Oetober 10, 2000 AO~NDA OCT 1 ! Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Directo~ September 21, 2000 Public Vehicle Advisory Committee The resume for the vacancy in the Public Vehicle Advisory Committee has been reviewed. This applicant meet the ordinance requirements as follows: Patricia Baisley Affiliated with Transportation Sewice ~EA/mc Code Enforcement Department Community Development & Environmental Services Division Public Vehicle Advisory Committee Work Phone Appt'd F_.xp. Date Term Home Phone DateRe-appt 2ndF_.xpDate 2nd Term Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 District: 1 Category: Non~.A. fiSliated 774-9674 09/02/97 09/02/01 4 Years William J. Csogi 202 Woodshire Lane Naples, FL 34105 District: 2 Category: Non-Affiliated 10/26/99 09/02/00 1 Year 435-1157 08/01/00 09/02/04 4 Years Patxicia M. Baisley 2725 70th Street, S.W. Naples, FL 34105 District: 2 Category: Affiliated 262-1312 06/08/93 09/02/96 3 Years 649-o468 10/08/96 09/02/00 4 Years Bryan L. S. Pease 1300 Wildwood Lakes Blvd. No. 2 Naples, FL 34104 District: 3 Category: Affiliated 261-5151 06/04/96 09/02/96 3 Months 08/01/00 09/02/04 4 Years Eric N. Hyde 548 Ibis Way Naples, FL 34110 District: 2 Category: Alternated,ad~q_liated 594-6017 05/23/00 09/02/04 4+ Years 513-9311 Thomas W. Lugtin 42 Mentor Drive Naples, FL 34110 Distr/et: 5 Category: Affiliated 598-3300 06/04/96 09/02/96 2 Months 09/02/97 09/02/01 4 Years W~nt~y, Auggst O2, 200~ P~e I o~2 NO. / ~L/ C .T I G 2800 Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone Date. Re-appt2t~,tg~l?Date2rid Term This 5 member and 1 alternate member was created by Ord. No. 86-4, re-established by Ord. 91- 93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 9%93. Membership consists cf 3 members who must be holders of Certificates to Operate a motor vehicle for hire company in Collier County, and 2 members who are in no way affiliated or associated with any holder of a ce~ficate, Terms are 4 years. FL $T~I T: Staff: Michelle Arnold, Code Enforcement Director. 403-2413 2000 Pege 2 of 2 2000 MEMORANDUM DATE: July 25, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assista~t//]// Board of County Commissioners '~' RE: Voter Registration - Advisory Board Appoinlments 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. PUBLIC VEHICLE ADVISORY COMMITTEE COMMISSION DISTRICT Patricia M. Baisley 2725 70t~ Street, S.W. Naples, FL 34105 Thank you for your help. MEMORANDUM DATE: TO: FROM: July 25, 2000 Michelle Arnold, Code Enforcement D~4~ r Sue Filson, Administrative Assis ~t~nt~---~/~ l Board of County Commissioners ~ Public Vehicle 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: Patricia M. Baisley 2725 70* Street, S.W. Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-time, 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 OCI 1 0 2000 Jul 20 O0 04:23p pat baisle~ 941-658-1654 p. 1 Board of County Commi~iouers 3301 East Tami~mi Trail Naples, Florida 341124977 Ann: Sue Fitson Admini~trative Assistant Re: Public Vehicle Advisory Com~tce Dear Ms. Filson: I am submitting my resume for cormidemtion as a member on the Collier County Public Vehicle Advisory Committee. I currently am the Chair person of this committee and hold a current for hire vehicle certificate in this county. I have s~rvcd two consecutive terms on thi~ committee, the first of which was not a full term as I replaced a departing member, I have an excellent attendance record on this committee, I believe you will flint that I have only missed two meetings. I have taken a very active interest during my time on this boar& Many changes have occurred in the public vehicle for hire ordinance. Most of these changes were not hastily made and were given a great deal oftho,£ht over time. Them are many items that we were are in the process of bringing to a conclusion. I would very much like to serve another term to finish what we have all been working so hard on. Your consideration is appreciated. Sincerely Yours, Patricia M. Baislcy Jul 20 O0 04:23p pat baisle~ 941-658-1654 RESUME Patricia M. Baisley 2725 70th Street S.W. Naples, Florida 34105 Home Phone: (941) 649-0468 Office Phone: (941)659-0800 Fax: (941) 659-1654 E-Mail: Firefly678 Gaol EDUCATION: 1971- 1975 Clarence High School Clarence, New York 1975-1977 Bryant & Stratton College Buffalo, New York Associates Degree in Accounting Organizations: Collier County Public Vehicle Advisory Committee (current member, have served two temis) Naples Area Chamber of Commerce 1987-PRESENT: Yellow Cab of Naples Inc.- Owner, operator. Currently have a fleet of taxis, sedans, limos, vans and buses. Serve general public, hotels, and destination companies. 1985-1990: Florida PreSchools Inc. - Owned and operated nursery schools in both Collier & Lee Counties. These schools were for newborns through after-schoolers. The facilities housed 45-100 children. ~o. ~/© OCT 1 0 2000 3u! 20 O00~:2~p pat 1980-1983: Main Transit Taxi Service - Owned and operated a taxi service specializing in transporting under contracts with local, state and governmental agencies. I operated sedans as well as wheelchair equipped vehicles. Business was sold in 1983. 1977-1983 Charles R. Baisley Transportation Corp. - Chief financial offacer and corporate secretary for a school bus and wheel chair transportation company that primarily transported handicapped individuals to and from school, medical appointments etc. This transportation was provided under contract with local, state and governmental agencies. Business was sold in 1983. N 2000 OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on April 13, 2001 on the Select Committee for Community Character & Appearance. CONSIDERATIONS: The Select Committee for Community Character and Appearance · has 2 vacancies. This 12 member ad hoc committee was created on April 13, 1999 by Resolution No. 99-203 to oversee the development of a comprehensive urban/rural design master plan for Collier County which addresses (a) identifying measurable goals for the acquisition of urban area greenspace, including locational priorities and funding options; Co) developing character and design standards for the overall road way system in a manne? which relieves congestion and incorporates community character and design standards; (c) developing comprehensive streetscape character and design standards for: transportation infrastructure such as grade separated intersections and typical cross section designs; greenways and non-motorized transportation facilities; landscape median and row edge treatments; and (d) integrating the development of the comprehensive community character and design plan with ongoing efforts including, but not limited to: the Irnmokalee Main Street program and development of an Immokalee Zoning Overlay; the Gateway-Bayshore Redevelopment Plan; transportation planning, traffic calming and pedestrian and bicycle pathway enhancements; and rural fringe and rural area standards. A list of the current membership is included in the backup. Resignation letters were received from Laura Burke and David E. Guggenheim. A press release was issued and resumes were received from the following 3 interested citizens: AppLICANT CATEGORY DIST_ ELECTOR ADV. COMM. Peter H, VanArsdale Curt C. Edwards Miriam S. Wolok N/a 4 Yes None N/a 1 Yes'I None N/a 2 Yes, None COMMITTEE RECOMMENDATION: Peter H. VanArsdale Miriam S. Wolok FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members to fulfill the remainder of vacant terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: October 10, 2000 A~31DA ITEM NO./~ ~ OCT I o 2000 TO: FROM: DATE: RE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMY TAYLOR, AICP, PRINCIPAL PLANNER COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPP-~HENSIVE PLANNING SECTION September 28, 2000 APPOINTMENTS TO THE SELECT COMMITTEE ON COMMUNITY CHARACTER AND DESIGN David Guggenhiem, former Executive Director of the Conservancy of SW Florida and Laura Burke, Activist and Urban Planner have resigned from the Select Committee on Community Character and Design leaving two positions vacant at this time. On Monday, September 25, 2000, the Select Committee on Community Character and Design and considered the following applicants for the vacancies: Curt C. Edwards · Mr. Edwards is a financial planner with Paine Weber and has a business management background. Miriam S. Wolok Ms. Wolok is general counsel to the Conservancy of SW Florida. She has education and experience in natural resources and law. She is very familar with Collier County's natural resources and her expertise is a critical need on the Select Commitee as it evaluates the Community Character Plan. Peter VanArsdale Mr. VanArsdale owns and operates Cabral Van Arsdale Construction, He served on the Naples City Council from 1992-2000 where he was deeply involved in urban design and development issues. As city councilman he also became familar with county-wide transpotation issues while serving on the Naples-Collier Metropolitan Planning Organization. Because of his experience, Mr. Van Arsdale is uniquely qualified to serve on the Select Committee on Community Character and Design. SELECT COMMITTEE RECOMMENDATION: The Select Committee on Community Character and Design met on September 25, 2000 and moved to recommend Mimi Wolock and Peter VanArsdale to the BCC for appointment on the Committee. Cc: Vincent A. Cautero, AICP, Community Development and Environmental Services Administrator Robert Mulhere, AICP, Planning Services Director Start Litsinger, AICP, Comprehensive Planning Manager Select Committee for Community Character & Appearance Work Phone Appttd l~xT,~. DateTerm Name Home Phone DateRe-appt2ndExpDate 2rid Term Sally Barker 04/13/9904/13/00 1 Year 141 West Avenue 597-14~5 04/11/00 04/13/01 1 Year Naples, FL 34108 District: Category: Citizen Ellen Goetz 2614007 09/14/99 399 Twlfth Avenue South 04/11/00 Naples, FL 34102 District: Category: Professional - Landscape Architect Laura Burke (e$~v 5144331 04/13/99 161 West Avenue q,~15'v" 04/11/00 Naples, FL 34108 ' District: Category: Citizen 04/13/00 1 Year 04/13/01 1 Year 04/13/00 1 Year 04/13/01 ! Year Mike Davis 643-1777 04/13/99 6120 18th Avenue, S.W. 04/11/00 Naples, FL 34116 District: Category: Citizen $~' ~ et~ David E. Guggenheim fe~ao 262-0304 04/13/99 1450 Merrihue Drive'~ 04/11/00 Naples, FL 34102 District: Category: Professional - Eavironmem 04/13/00 I Year 04/13/01 1 Year 04/13/00 1 Year 04/13/01 1 Year Timothy L. Hancock 5100 Tamiami Trail North, Suite 158 Naples, FL 34103 District: Category: Professional - Planner 403-0223 04/13/99 04/13/00 I Year 04/1 1/00 04/13/01 I Year Thursday, April 13, 2000 Page 1 0]'3 Select Committee for Community Character & Appearance Work Phone Appt'd g~l:p. Ditto Term Name Horn~ Phone DateRe-appt 2ndEri2Date 2nd Term Joseph McHarris 495-1000 04/13/99 04/13/00 1 Year 3451 Bonita Bay Boulevars, Suite 202 04/11/00 04/13/01 1 Year Bonita Springs, FL 34134 District: Category: Professional - Architecture Samuel V. Noe 4451 Gulf Shore Blvd., N., Suite 405 Naples, FL 34103 District: Category: GNCA 659-1o13 04/13/99 04/13/00 1 Year 04/11/00 04/13/01 1 Year Norm Trebilcock 394-7040 1280 San Marco Road Marco Island, FL 34145 District: Category: Professional - Transportation 09/14/99 04/13/00 1 Year 04/11/00 04/13/01 1 Year James Rideoutte 1125 W'fidwood Lane Naples, FL 34103 District: Category: GNCA 649-7926 04/13/99 04/13/00 1 Year 04/11/00 04/13/01 1 Year Carl J. Kuehner 1537 Gordon Drive Naples, FL 34102 District: Category: GNCA 09/14/99 04/13/00 1 Year 04/11/00 04/13/01 1 Year Susan H. Watts 3451 Bonita Bay Boulevard, Suite 202 Bonita Spriags, FL 34134 District: Category: Professional - Development 495-1000 04/13/99 04/13/00 1 Year 04/11/00 04/13/01 1 Year April 13, 2000 P~gt 2 o1'3 Select Committee for Community Character & Appearance ~Forh Phone Appt~d F. OClX Date Term Name Home Phone DateRe-appt 2halF. Date 2nd Term Created as an ad hoc committee by the BCC on Apn114, 1999, Resolution No. 99-203 to oversee the development of a comprehensive urban/rural design mas~r plan for Collier County. Commissioner James D. Carter to serve as BCC liaison. Resolution No. 2000-99 adopted on Aprfl 11, 2000 extending the committee and re-appointing the members to April 13, 2001. FL STilT: Staff: Bob Mulhera, Planning Services Director, 403-2400 Thunday, April 13. 20OO Page 3 o.I'3 MEMORANDUM DATE: August 21,2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant 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 cotmty'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. SELECT COiVlMITTEE FOR COMMUNITY CHAR Peter I4. Van Arsdale .~,~*-~ ~'~L~ ~ ~)~,.~ 123 11~h Avenue South Naples, FL 34102 ~ COMMISSION DISTRICT Curt C. Edwards 530 South Barfield Drive Marco Island, FL 34145 Miriam S. Wolok 2238 Arbour Walk Circle #1813 Naples, FL 34109 ¢D Thank you for your help, MEMORANDUM DATE: August 21, 2000 TO: Robert Mulhere, Plarming Services?ir~ff,r FROM: Sue Filson, Administrative Assist~--'~,~ Board of County Commissioners Select Committee for Community Character and Appearance GNCA 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. 1 have attached the resumes received for your review as follows: Peter H. Van Arsdale 123 11m Avenue South Naples, FL 34102 Curt C. Edwards 530 South Bar.field Drive Marco Island, FL 34145 Miriam S. Wolok 2238 Arbour Walk Circle #1813 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 dax 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 08/15/2000 02:43 0410497180 CABRAL DESIGN CONSTR PAGE 01 Cabrat Van Arsdale onstru tion Der': 08116100 8:41 PM TO: Mrs. Sue Fileon From: Peter Van Aredale Pages including this sheet: Message: Please accept my application for a position on either of the following two advisory committees of Collier County, --~rst Choice: ~cond Choice Development Services Advisory Committee Select Committee for Community Character and Appearance My resume follows and I can be reached if there are any questions. Thank you for your attention to this matter, AGENDA 09/15/2000 02:42 9415497188 CABRAL DESIGN CDNSTR PAGE 02 Peter H. Van Arsdale ObJ,,oaw TO serve on a Collier County advisory committee where I feel my most recent experience in government service will aid in mal(ing our community as good as it can De, 1999-Present Cabtel Van Arsdale Construction Naples, FL · Partner with Tim CaPral in a small generaJ contracting fm'n. Responsil3ilitie$ include all aspects of construction from operations to administration. lg87- lggg Van Arsdale Travel Naples, FL President · Started and operated 4 location travel agency with 15 employees and annual sales of $7 million. Company said in October 1999. 1992 - 2000 City of Naples Naples, FL City Council Member · Member of 7 parson Council deeply invoNed in City ~sues dealing with one of the highest growth areas in the nation. Pa~cular interest and involvement w~ ud3an redevelopmenL 1965 - 1987 Provincetown-Boston Aidine Provincetown, MA As~i~taent IllIOnian - i~ant (M~I ~i.g in ~) . Invo~ in ag M~ of =i~n ~m ~O ~ment ~ aidine ~nagem~t U~am~ ~ 35% a~ P~t ~ ~e ~ny ~at in 1~ w~ ~ n~bn's la~t mgio~l aidice, ~ m~s ~ ~5 mill~n and 1,500 ~loy~. ATP ~ ~ a ~1 fiy~g ti~ of appm~mat~ 6,~0 bourn, ~nsi0emble 5~ in S~n ~ T~0. Lo~e~ 10NE, Pier ~e, ~, ~k~ S~, ~sna 402, Ember 110, ~ugJas DC-3, ~n 4~. Mechanical EngilNIMing · Tufts University, Medford, MA Graduated 1972 -1- Chairman, Naples Collier County Metropolitan Planning Organization Member, Staff Action Committee, City of Naples Member Airport Noise Committee Construction, carpentry, woodworking, New Urbanism and traditional neighborhood planning. Sailing, running, motor racing and cars, personal computers. .2- 530 S Barfield Drive Marco Istand. FL 34145 Sue Filson ,N:lministmtive Assistant, Board of County Commissioners 3,301 Tamiami Trail East Na~, FL 34112 Re: Select Committee for Community Character a~d Appemance Advisory Board Dear Sue Filson: Thank you in advance for your cons~de~tion on the appointment to the Select Committee for Community Character and Appearance Advisory Board. I am a fifteen-year "Snowbird" and six-year full time resident of Collier County, The time I have spent wo~G~ing Collier County grow and desire to raise a family in Southwest Flodda had led me to begin an aclive role in the future of Collier County. I look fom,~ to asksting in t~e due diligence nece~__ ry to maintain Collie~ County as lhe benchmark to measure all Counties. Again, thank you. Rmpectrul /, Enclosure (t) 530 South Barfield Drive Marco Island~ FL Curt C. Edwards Home (941) 642-5417 Work {9411. 262-2000 Professional Experience PaineWebber, Naples, FL 1997- Present Financial Advisor, Investment Management Consultant: Develop, recommend, and implement financial plans and solutions for retail and commercial users. Specialize in Estate Planning, Wealth preservation, Small to Mid size Business Continuation, and 401k Retirement Planning. Del's Lemonade & Refreshment of South Florida, Inc. Marco Island, FL 1994-1997 Owner/President: Conceptualized, set-up, and grew healthy snack food theme prototype. Developed business plan, secured financing, negotiated leases, developed marketing plan, oversaw day to day operation and responsible for growth and overall well-being of company. Alp/Freddy's, Rochester, NY 1991- 1993 Merchandising Manager: Managed the 60 million dollar Grocery/Chemical/Direct Store Delivery unit of business and accountable for five buyers. Responsible for cost analysis, profit margin, invemory control, sales promotion and mercbamdising. Developed open-to-buy budget conslxaims. Created private label brand. Realized exceptional growth in sales and profits. Sales Coordinator: Acted a~ liaison between ad agency, advertising department, buyers, vendors and printer. Developed ad timelables, schedules, and promotions. Responsible for distribution of advertising vehicle. Buyer: Responsible for candy, Direct Store Delivery snack and food, cigarettes, books and magazines, greeting cards, beer and wine. Implemented ~ont end rack program for the chain. American Greetings, Cleveland, OH 1989-1991 Sales Representative: Managed a $2 million dollar territory. Responsible for 30 plus merchandisers, hour constraints and sales growth. Exceeded all goals on hours and sales while greatly improving goodwill between American Greetings and all accounts within the Education Boston University, Boston, MA Bachelor of Science in Business Administration Concentration: Finaace Minor: International Finance & Accounting Licenses Series 7, Series 63, Series 65, and Health and Life including Variable Annuity Currently pursuing: ChFc ,CLU, and CFP designations CFA (Chartered Financial Analyst) Level 1Candidate Computer Skills Microsoft Excel Microsoft Word, PowerPoint, Internet, Ema'd, Windows 1998 -firiam S. Wolok Work Experience 2238 Arbour Walk Cln:le ~1813, Naples, Fko;~da ~1,(~ General Counsel to The Conscrvancy of Soulwest Florida, Naples, Florida, representing the 5,500- member non-profit organization in land transactions, environmental law, policy initiatives and genera] legal matters; July 1999-present. Attorney. of cotmsel ~o Stead & Heath in Oklahoma City, practicing general civil litigation, environmental, real property and bankruptcy law; lVlarch-July 1999. Associate Attorney with Howick & Associates, Oklahoma City, practicing general and commercial litigation, bankruptcies, employment law and real property law; March 1998-February 1999. Sole practitioner, focusing on =nvironmental and adminislradve law; 1997-February 1998. Staff Attorney at Institute of Public Law, University of New Mexico. Duties included editing Wildlife Law News Quarterly, co-authoring environmental impact statement for U.S. Department oflmerior, fund raising and conference organizing; May 1993-August 1995 (-Dec. 1998 as editor of the Quarterly). Field Biologist, sttidying sexual selection in lizards, Gah~pagos Islands, Ecuador; January-May 1993. Author of publication on state poaching laws for Center for Wildlife Law, under grant from Dodge Foundation; May-August 1992. Researcher on metal cootoxicology for CERCLA assessment, Los Alamos National Laboratories, U.S. Department of Energy; May-September 1992. Author, treatise on the constitut/onality of hunter harassment statutes, for In~ernat/onal Association of Fish and Wildlife Agencies; May-August 1991. Law Clerk in Legal Division of New Mexico State Engineer Office, Santa Fe; ] 990. Policy Associate for The Wildlife Society in Washingtoll, D.C., preparing congressional testimony, atto-riding hearings and writing for membership publication; 1989. Field Biologist for Israel Raptor Information Cents, Jerusalem; August-Novemlx~r 1988. Field Biologist, studying arian sexual selection, Clemson University, South Carolina; March-August 1988. Education ,I.D., Urdvcx~ity of New Mexico School of Law, 1992; Honor R~ll, 1990-92. Editor, Natural Rcsourc~ Journal. B.S. in Forest Resources and Conservation, University of Florida, 1957. .,riam S. Wolok Memberships Florida Bar Association, since 2000 Oklahoma Bar Association, since 1997 New Mexico Bar Association, since 1992 U.S. District Court, ED, ND, WD Okla. OKC Real Property Lawyers Association, 1998 Oklahoma Title Examination Sumdards Committee Certified Associate Wildlife Biologist, since 1989 Society for Conservation Biology, since 1994 UNM Environmental Law Society, founder Volunteer activities Editor, Title Examination Standards Handbook Casenote Editor, Oklahoma Bar Association Real Property Section Newsletter Member, Mentorship Committee, Oklahoma Bar Association Chair, Teaming with Wildlife, Oklahoma Chapter of The Wildlife Society The wonder of the C_ral,4pagos islands: Slide presentations to middle school classes Publications & Presentations '~resentcr to Collier County Rural Fringe CommRtee, on ~cllc Meade northern addition CARL application. June 2000. Wolok, M. In press. Experimental populations. Endangered Species AC~ Deskbook, Amea'~can Bar Association. Wolok, M,S. 1999, Conservation Easements in Oklahoma. PaI~r and presentation given at April meeting of OKC Real Property Lawyers Association, Woiok. M.S. 1998, A Mcmtor~hip Success Story. 69 Oklahoma Bar Ioumal 3 [98. Wolok, M.S, In pros. Teaming with Wildlife: The legal response to critics. Wolok, M. 1995. Advocacy versus science: The O-~ifomia coastal gnatoa~cher. Wildlife Society. Bulletin 23:324. Ouest lecturer in Conservation Biology, University of New Mexico. October 1994. Organizer and moderator, PulXing the s¢ienc~ into wildlife policy. Panel symposium at The Wildlife Society fi~t annual ~onference. September 1994. Third Annual Monsanto Lecture Series (two lectures): Development of an environmental ¢entc~ and your en,rironmantal career; Current issues in wildlife protection ~.nd the Endm~gered Spocins Act. April 1994, W01olq M.. S. Parker, ILS. Musgravc. 1993. The status of poaching in the Unit~[ States: Are we protecting our wildlife? 33 Natural Resources Journal 97?-1014. Guest lecturer on Careers in Communiuafion and Chemisixy, University of Central Oklahoma. October 1996 ~.nd 1997, Comment. 1992. Standing for env/ronmental groups: Procedural injury u injury in fact. 32 Natural Resource~ Journal 163-193. Wolok, M.S. 1996. Experimenting with experimental populations. 26 Environmental Law P, epo~ter 10018. U.S, Fish a~d Wildlife Sea'~ce. 1996. im~ ~ent on re-e~bli~m~t of~e Mexi~ wolf the ~w~ Uni~d S~es. Wolok, M. 1991. ,The constitutionality and consistency of huoter harassment statutes. International Association of Fiah and Wildlife Agencies. 140 pages. [ AOF. NDA IT~ OBJECTIVE: To appoint 2 members representing the At-Large category to serve 3 year terms expiring on August 31,2003 on EMSAC. Additionally, EMSAC is recommending that the Board direct the County Attorney to amend Ordinance 80-80 to add one additional member to represent Cleveland Clinic and appoint Dr. Robert Zehr as the representative for Cleveland Clinic. CONSIDERATIONS: This 11 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. The terms for George T. Leamort, at-large member; Robert D. Laird, at-large member; and Jane Andel, Commission District 3 representative expired on August 31, 2000. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert J. Zehr Robert D. Laird - reappt Heather Rockcastle Cleveland Clinic At-Large At-Large Yes Health Care Committee EMSAC & Con~'actors Licensing None NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under {2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) {1) above may be waived". According to available recordst Robert D. Laird has served two 3 year terms. Should the Board wish to re- ~appoin_LR__o_be~__D._ Laird, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDAI ION: Robert D. La'n'd - mappmnt Heather Rockcastle - new appointment Dr. Robert J. Zehr - amend ordinance & appoint FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members to EMSAC, and direct the County Attorney to amend Ordinance 80-80 and prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 10,2000 Memorandum To: From: Date: Subject: Sue Filson, Administrator Assistant Diane B. Flagg, Chief Emergency Services Department September 21, 2000 EMS Advisory Council Your continued assistance and cooperation in identifying the Emergency Medical Services Advisory Council candidates for the Boards' consideration is greatly appreciated. The Emergency Medical Services Advisory Council has met and recommended the following candidates based upon their knowledge of the community standard for emergency services and their evidence of commitment to community service. The Council recommended Mr. Robert Laird and Ms, Heather Rockcastle for the two at large positions on the council. The Council further recommended that Dr. Robert Zehr be identified as a representative for Cleveland Clinic consistent with the position held by Naples Community Hospital. It is my understanding that the ordinance and resolution will require revision to achieve this recommendation. If I may offer any additional information, please do not hesitate to contact my office. Thanks again. Emergency Services Division Emergency Medical Services Advisory Council Sttt~ Michael F.X. Oeraghty 935 High Point Drive Naples, FL 34103 District: 4 Category: Commission District Work Phone Appt'd F~. Date Term Home Phone DateRe-appt ,2tutExpDate 2nd Term 261-3756 09/15/98 08/31/01 3 Years Fay R. Biles 1588 Heights Court Marco Island, FL 34145 District: l Category: Commission District 09/17/96 08/31/99 3 Years 3~-3089 12/14/99 8/31/02 3 Years George T, Leamon 7024 Trail Boulevard Naples, FL 34108 District: 2 Category: At-Large 2§34002 09/23/97 08/31/00 3 Years Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 District: 1 Category: At-Large 11/01/94 08/31/97 3 Years 793-0933 9/23/97 8/31/00 3 Years Tucky P. Ramsey 7515 Pelicao Bay Boul*'v~rd, ,~IF ;~aplcs, FL 34108 Distrh:t: 2 Category: Commission District ~!4-1599 06/13/00 08/31/02 2 Years Jane Andel 835 New Waterford Drive, #204 Naples, FL 34104 District: 3 Category: Commission Disffict dnestlay, June 14, 2000 649-7999 12/14/99 08/31/00 8 Months 352-0986 'Page 1 of 3 AGENDA ITEM NO.,IC ~ Emergency Medical Services Advisory Council Name Kathryn M. Oodfxey 530 18th Avenue, N.E. Naples, FL 34120 District: 5 Category: Commission District Work Phone Ap!~t'd Ext. Date Term Home Phone Dme~e-appt 2ndExpDate 2nd Term 436-515112/14/9908/31/02 348-9645 3 Years Craft Dolan 262-3131 P.O. Box 413029 Naples, FL 34101 District: Category: Naples Community Hospital 01/13/98 08/31/99 2 Years 12/14/99 08/31/02 3 Years Gary Young 3301 E, Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department 7744434 09/17/96 08/31/99 12/14/99 08/31/02 3 Yews Regina Hoffman P.O. Box 428 Naples, FL 34106 District: Category: Health Department 774-8200 12/14/99 08/31/023 Years Sheldon Reed 735 Eighth Street, South Naples, FL 34102 District: Category: City of Naples 434-4610 09/13/94 08/31/96 2 Years 12/14/99 08/31/02 3 Years Wedn~d~y, June 14, 2000 P~e 2 of $ Emergency Medical Services Advisory Council P/ork Phone Apt,t'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 11 member committee was created by Ord. No. 80-80 to advfee the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of eervice and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. F£ $T. A T: Staff: Diane Flagg, Emergency Medical Services Director: 774-8459 ~ednettl:o,, June 14, 2000 Page 3 t~f 3 MEMORANDUM DATE: July 25, 2000 TO: FROM: Vinell Hills, Elections Officeut~ ' Sue Filson, Administrative Assista 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. EMSAC COMMISSION DISTRICT Robert J. Zehr 1100 54 Avenue South Naples, FL 34102 Robert D. Laird 1765 Courtyard Way, #205-C Naples, FL 341 t2 tfeather Rockcastle 342 Pinehurst Circle Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: TO: FROM: July 25, 2000 Diane Flagg, Emergency Medical Se~);9e/j.s Director ardo ou ty omm' ' (.5 EMSAC As you know, we currently have 3 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: Robert J. Zehr 1100 5~h Avenue South Naples, FL 34102 Robert D. Laird 1765 Courtyard Way, #205-C Naples, FL 34112 Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 within file 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 CI.E\'EL, kND CLINIC FL()RID:\ I July 19, 2000 Mrs, Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Flohda 34112 Dear Mrs, Filson: On behalf of myself and the Cleveland Clinic in Naples, Florida, I would like to be considered for membership on the Emergency Medical Services Advisory Council, as a member at-large. My experience with emergency medical problems and my role as the Medical Director of The Cleveland Clinic here in Naples, Florida, would serve well in helping to advise the Commissioners wisely on problems that arise in delivering emergency medical services to the community of Collier County. Enclosed, please find my curriculum vitae for your consideration. l would also like to offer that the Cleveland Clinic is quickly becoming a valuable member of the Collier County community at-large and specifically in the healthcare fielding. I think that it would be in the interest of the members of our community to have a medical representative from one of it's leading hospitals on this board. I look forward to serving at the discretion of the Board of Commissioners and will commit myself to this three-year term, Medical Director Cleveland Clinic Florida Naples Enclosure cc: Harry K. Moon, M.D. ROBERT J. ZEHR, M.D. The Cleveland Clinic Florida Medical Director - Naples 6101 Pine Ridge Rd. Naples, Florida 34119 Phone: (941) 348-4000 FAX: (941) 348-3944 E-mail: zehtr@ccf. org APPOINTMENTS 1999 - Present Medical Director - Naples Staff Orthopaedic Surgeon Naples Division The Cleveland Clinic Florida 1992 - 1998 Staff Orthopaedic Surgeon Section Head, Nov. 96 Section of Adult Reconstruction Section of Musculoskeletal Oncology Department of Orthopaedic Surgery The Cleveland Clinic Foundation Cleveland, Ohio 1991 - 1992 Assistant Professor Section Head Department of Orthopaedic Surgery Section of Musculoskeletal Oncology Cincinnati, Ohio POST-DOCTORATE TRAINING 1990 ~1991 Fellowship/Interim Head Division of Orthopaedic Oncology University of Florida GainesvilIe, Florida Robert J. Zehr, M.D. Page Two POST - DOCTORATE TRAINING (cont.) 1986-1990 Residency Department of Orthopaedic Surgery The Cleveland Clinic Foundation Cleveland, Ohio 1985-1986 Internship Depat'ta~ent of General Surgery The Cleveland Clinic Foundation Cleveland, Ohio FORMAL EDUCATION 1981-1985 Doctor of Medicine St Louis University School of Medicine St. Louis, Missouri 1976 - 1978 Master of Science/Organic Chemistry University of Missouri-St. Louis St Louis, Missouri 1972 - 1976 Bachelor of Science / Chemistry University of Missouri-St. Louis St. Louis, Missouri 1995 November 1994 - 1995 Executive M.B.A. SPECIAL TRAINING Tutorship - Graham Gie, M.D. Exeter Total Hip Replacement Exeter, England Executive Education Program Office of Practice Management Weatherhead School of Management Case Western Reserve University Cleveland, Ohio Robert J. Zehr, M.D. Page Three GRANTS / SPONSORED RESEARCH - Principal Investigator Protocol EXE 9615: Clinical Study of the Exeter Total Hip System Protocol DUR 9701: Duracon Total Knee Outcomes Study RESEARCH - CO-INVESTIGATOR Initial Results with High Dose Rate Brachytherapy for Soft Tissue Sarcomas Crownover, R., Zehr, R.]., Marks, K.E., et. al. Presented - Connective Tissue Oncology Society Annual Meeting Milan, Italy November 1997 Twenty-one Year Institutional Experience with Chondrosarcomas Mayerson, J., Marks, K., Zehr, R.[., Muschler, G. Presented - Musculoskeletal Tumor Society Annual Meeting Cleveland, Ohio May 1997 Twenty-three Year Institutional Experience with Soft Tissue Sarcoma of the Extremity Muschler, G., Zehrf R. [., Marks, K., Joyce, M. Using a Canine Metaphyseal Defect Model Bauer, T. W., Zehr, R.[. RPC 4499 Dose-Ranging Trial of Adjuvant Ifosfamide Followed by Doxorubicin in Resected Soft Tissue Sarcomas Budd, T., Zehr, R. [., Marks, K. E., Muschler, G., et.aL Abstract presented: Annual American Association for Cancer Research RPC 1408 Bone Disease and Injury Study of Osteosarcoma Joyce, M., Marks, K., Muschler, G., Zehrf R. [. ROBERT J. ZEHR, M.D. Page Four PUBLICATIONS "Enchondroma Associated with Paget's Disease" Zehr, R.J., Bauer, T.W., Recht, M.P. Orthopedics Accepted for publication June 1998 "Spontaneous Humeral Shaft Fracture in a Weight Lifter" Joseph, T, Zehr, R. J. Orthopedics, 23(6): 603-605, 2000. 'Allograft-Prosthesis Composite vs. Megaprosthesis in Proximal Fernoral Reconstruction" Zehr, R.J., Enneking, W.F., Scarborough, M.T. Clin. Ortho. Rel. Res., 322:207-223, 1996 "Case Report. Adamantinoma" Zehr, R. J., Recht, M.P., Skeletal Radiology, 24:553-555, 1995 "Juxta-Articular Osteoid Osteoma" Bauer, T. W., Zehr, R. J., Belhobek, G. H., Marks, K. E. Am I Surg Pgth, 15(4):381-387, 1991 "Fractures in Large Structural Allografts" Zehr, R. J., Enneking, W. F., Heare, T., Liang, T. S. [in] Complications of Limb Salvage: Prevention, Management and Outcome [ed]: Brown, K.L.B. ISOLS, Montreal p 308, 1991 "Allograft-Prothesis Composite vs. Megaprosthesis in Proximal Fernoral Reconstruction" Zehr, R. J., Enneking, W. F. [in] Complications of Limb Salvage: Prevention~ Management and Outcome [ed]: Brown, K.L.B. ISOLS, Montreal p 91, 1991 "Effect of Varying HA and TCP Coating Content on Debris Production and Bone Appositmn Bauer, T. W., Zehr, R. J., Ming, J. Kambic, H., Bearcroft, J. Trans Ortho Re__.gs Soc, 20{2):768, 1995 ~--ac.~F.~r~f"~ ROBERT J. ZEHR, M.D. Page Five PUBLICATIONS (cont.) "Ki-6 7 and Grading of Malignant Fibrous Histiocytofiaas" Zehr, R. J., Bauer, T. W., Maxks, K. E., Weltevreden, A. Cancer, 66(9): 1984-90 1990 "Some Guaiol Oxidation Products" Winter, R., Ernest, K., Zehr, R. ]., Honey, M., Van Arsdale, W. ] Org Chem 46:4309, 1981 CHAPTERS "Treatment Options for Orthopaedic Oncologlc Entities" Zehr, R.]., [in]: "Instructional Course Lectures", [ed]: Zuckerman, J.D., American Academy of Orthopaedic Surgeons, 48: 591-602, 1999. NATIONAL/INTERNATIONAL PRESENTATIONS "Salvage Knee" 1999 Total Knee Forum Washington, D.C. May 1999 "Diagnosis and Treatment of Metastatic Bone Disease" National Symposium on Palliative Care Medicine "Total Hip Arthroplasty Using a Polished, Cemented Stem: The Cleveland Clinic Experience" 2nd Annual Exeter Hip Symposium San Francisco, CA October 1998 "Bone Graft - Factors Affecting a Successful Outcome" 2na Annual Exeter Hip Symposium San Francisco, CA October 1998 "Treatment Options for Orthopedic Oncologic Entities" Symposium: Orthopaedic Oncology for the Non~Oncologist 95th Meeting of The American Academy of Orthopedic Surgeons New Orleans, LA March, 1998 ROBERT J. ZEHR, M.D. Page Six NATIONAL/INTERNATIONAL PRESENTATIONS (cont) "Clinical Pathways in Hip Arthroplasty Patients" Inaugural Exeter Hip Symposium Charleston, SC October, 1997 "Enchondroma in Paget's Disease: Case Presentation" Musculoskeletal Tumor Society Annual Meeting Cleveland, OH May, 1997 "Biomechanical Effects of an Alternative Tibial Attachment Site in Bone-Patellar Tendon-Bone Graft Reconstruction of the PCL" The American Orthopaedic Association 108th Annual Meeting, White Sulphur Springs, West Virginia 1995 "Allograft-Prosthesis Composite vs. Megaprosthesis in Proximal Femoral Reconstruction" International Symposium on Limb Salvage Annual Meeting Florence, Italy 1995 "Effect of Varying HA and TCP Coating Content on Debris Production and Bone Apposition" Orthopaedic Research Society Orlando, Florida 1995 "Allograft-Prosthesis Composites vs. Megaprosthesis in Proximal Femoral Reconstruction" Sixth International Symposium on Limb Salvage Montreal, Canada 1991 "Fractures in Large Structural/kilografts" Sixth International Symposium on Limb Salvage Montreal, Canada 1991 "Large Structural Allografts: The University of Florida Experience" International Symposium of Musculoskeletal Allografts Washington, D.C. 1991 "Ki-67 and Grading of Malignant Fibrous Histiocytomas" The American Orthopaedic Association Boston, Massachusetts 1990 ROBERT J. ZEHR, M.D. Page Seven NATIONAL / INTERNATIONAL PRESENTATIONS (cont.) "Ki-6 7 and Grading Malignant Fibrous Histocytomas" U.S. and Canadian Academy of Pathology San Francisco, California 1989 LOCAL/REGIONAL PRESENTATIONS "Presentation and Treatment of Soft Tissue Sarcomas" Surgical Grand Rounds Cleveland Clinic Florida, April, 1999 "Arthritis: Current Medical and Surgical Management" Naples Area Board of Realty, Cleveland Clinic Naples Spring Community Lecture Series, April 1999. "Current Understanding and Treatment of Arthritis" Workshop on "The Frofound Impact of Longevity on Your Health and Wealth", Presented by: Ciccarelli Advisory Services, Inc., March 9,1999. "Current Treatment Options for Arthritis", Televised interview Local Cable Ch.10, March 3, 1999 "Total Hip Replacement" Gulf Coast University, March 1999 "Diagnosis and Management of Skeletal Complications of Multiple Myeloma" Multiple Myeloma: Disease Biology and Clinical Implications Cleveland Clinic Cancer Center, Cleveland, Ohio April, 1998 "Orthopaedic Perspectives on Neurofibomatosis" Symposium: Current Treatment Methods of Neurofibromatosis Sponsored by The National Neurofibromatosis Foundation Cleveland Clinic, Cleveland, Ohio November, 1997 "The Healing Steel: Orthopaedic Management of Bone Metastases Modern Palliative and Supportive Cancer Care Conference Cleveland Clinic, Cleveland, Ohio November, 1997 ~ ac,~"~'~ ROBERT J. ZEHR, M.D. Page Eight LOCAL / REGIONAL PRESENTATIONS (cont.) "Orthopaedic Management of Multiple Myeloma" Symposium on Multidisciplinary Approach to the Management of Multiple Myeloma Cleveland, Ohio December, 1996 "Clinical Presentation and Treatment of Soft Tissue Sarcomas" St. Luke's Hospital, Orthopaedic Grand Rounds, 1994 "Clinical Presentation and Treatment of Soft Tissue Sarcomas" Fairview Hospital Depatlment of Surgery Surgical Grand Rounds 1994 "Soft Tissue Sarcoma" St. Alexis Hospital Medical Staff Meeting 1994 "Paget's Disease: Surgical Management" Symposium on Paget's Disease ClevelandClinic Healthtalk Cleveland, Ohio November, 1992 CLEVELAND CLINIC FOUNDATION PRESENTATIONS "Identification and Treatment of Multiple Myeloma" Orthopaedic Surgery, May 1998 "Classification and Treatment of Musculoskeletal Sarcomas" Orthopaedic Surgery, May 1998 "History and Development of The Exeter Hip Arthroplasty" Chairman's Conference, April 1998 "Management of Soft Tissue Sarcomas" Radiation Oncology, October, 1997 "Bone Metastases" Palliative Care Grand Rounds, July, 1996 "Orthopaedic Oncology" Palliative Care Grand Rounds, March, 1996 ROBERT J. ZEHR, M.D. Page Nine CCF Presentations (cont.) "Soft Tissue Sarcomas" Radiation Oncology Lecture Series, November, 1995 "Soft Tissue Sarcomas" Cancer Center Conference, March, 1995 "Imaging Following Bone Surgery" Radiology Conference, January, 1995 "Soft Tissue Sarcomas" Department of Radiation Therapy, May, 1994 "Bone and Synovial Tumors" Department of Rheumatology, April 1994 "Management of Sarcomas" Department of Plastic Surgery, April, 1993 COMMITTEES Board of Governors: Cleveland Clinic Florida Administrative Council Cleveland Clinic Florida CCF Revie~ Com~mttee: ~ha~man, Dep~tment ot t~ematoJogy/Oncology CCF CCF O~hopaedic Resident Education Commi~ee CCF Dep~ent of O~hopaedic Surge~ Rese~ch Commi~ee CCF Cancer Co~Ree CCF Patient Satisfaction CommiRee CCF O~hopaedic Telemedicine Liaison O~hopaedic Resident Review Co~i~ee CHARITABLE ORGANIZATIONS Board of Directors: American Heart Association 1999-2001 Orthopedic Research and Education Foundation Leprechaun Society 1996-1998. -- ROBERT J. ZEHR, M.D. Page Nine PROFESSIONAL ORGANIZATIONS American Board of Orthopaedic Surgeons American Academy of Orthopaedic Surgeons American Medical Association Connective Tissue Oncology Society Collier County Medical Society Musculoskeletal Tumor Society Ohio State Medical Association Southern Medical Society Southern Orthopaedic Association University of Florida Alumni Association International Symposium of Limb Salvage AWARDS/HONORS/Media Exposure Cover Story: Orthopeadic Technology Review July 1999 Feature Story: Naples Iljustrated, "Back on Track", p. 99, Summer 1999 Feature Story: Naples Daily News, Local section, April 26, 1999 "The Best Doctors in America 1998", Woodward/White, Inc. Aftken, SC Based on national survey of 35,000 doctors rating their peers "The Best Doctors in Cleveland 1998", Cleveland Magazine Lower Award - Excellence in Non-Clinical Research 1990 The Barry Friedman Award for Basic Research 1990 1993 - PRESENT 1990 ~ PRESENT 1990 - PRESENT LICENSURE Board Certification: until 2003 American Board of Orthopaedic Surgery State of Florida ME 0057408 State of Ohio 35-05-9306 HP OfficeJet Personal Printer/Fax/Copier Fax Log Report 941 348 4439 Jul-20-00 06:39 AM Identification 97743602 Result OK ~ T_v~e Date Time 1:2 Sent Jul-20 06:36A 00:03:29 002582030022 Robert D. Laird 1765 Com'tyard Way #205-C, Kings Lake Naples. Florida 34112 Phone 941/793-0933 Ms Sue Filson, Administrative Assistant Board o£ County Commissioners 3301 East Tamiami Trail Naples, Florida, 34112-4977 RE: Emergency Medical Services Advisory Council Dear Ms. Filson: I apologize for the delay in responding to your letter dated June 5, 2000, but I was out of town for several weeks I have thoroughly enjoyed serving on this council i have served two or more terms, however if we do not receive enough applications for this board, I would be pleased to continue to serve at the pleasure of the Commission I appreciate your kind comments regarding my service on the Emergency Medical Services Advisory Council I have enclosed an updated resume as requested Please call me should you have an3,' questions or need further information Sincerely, RDL/bb Enc. Robert D. Laird 1765 Courtyard Way, #205-C, Kings Lake Naples, Florida 34112 Phone 941/793-0933 PERSONAL I have owned property at the above address for twenty-one years and have been a resident of Naples for fit~een years. OCCUPATION/EMPLOYMENT 1 am retired from The Underwriters Adjusting Company/Continemal Insurance Company as a Regional Director of Personnel and Training The home office was located at 1111 East Board Street, Columbus, Ohio, 43215 I have held a Florida Real Estate license for the past thirteen years I have handled project and development work as well as general real estate in Collier County At the present time, I am a Realtor with Downing Frye Realtors. I am presently self employed as a apart time Massage Therapist, holding Florida license No. MA 0016291 I have taught at the Florida Health Academy, both in Naples and in Bonita Springs I am also self employed as a part time insurance Consultant, handling malpractice claims EDUCATION Graduated fi'oln Jackson D_lgh School, Jackson, Ohio Graduated from Ohio University, Athens, Ohio BS Degree Attended Ohio State University Law School and Graduate School, Columbus, Ohio MILITARY SERVICE LT. CDR. United States Naval Reserve. Four years active duty Served as CO of Naval Reserve Training Center. BUSENESS/CMC ORGANIZATIONS Member State of Florida Construction industry Licensing Board Member of East Naples Civic Association Member of Greater Naples Civic Association Member Collier County EMS Citizens Advisory Committee Member of Board Tiger Bay Association Member of Collier County SheriIT's Citizens Commission Member of Sunset Rota~ Club Member of Lely Presbyterian Church Member Collier County 100 Club President Courtyard Condominium Association Vice President Kings Lake Home Owners Association Member Literacy Volunteers Association (LVA) (five years) Member Insurance Companies Education Directors Association Member American Society for Training Directors Past Member Collier County Productivity Committee FATERNAL ORGANIZATIONS Member all Masonic Bodies and Aladdin Shrine, Columbus, Ohio and Naples, Florida Member American Legion and 40 & 8, Naples, Florida Member Elks Club of Naples, Florida FORMER BUSINESS/GOVERNMENT ORGANIZATION IN OHIO Former Member (Public Member)Ohio State Chiropractic Board (ten years) Former Member Ohio Governor James Rhodes Highway Traffic Safety Commission. Robert D. Laird Resume Page 2 of 2 ~?/Ig/2B00 05~31 305-BB2-B004 JOHN HCLE~N PAGE 02 July 19, 2000 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Mrs. Filson, In the Naples daily newspaper, I noted the article regarding the open positions on several advisory commiffees, As a resident of Collier County for the past year, I would like to be considered for any of the committees - especially the Emergency Medical Services Advisory Council. Faxed with this document is my resume. I have served the community as a Registered Nurse for twenty years. Now that I have retired, I believe that I am able to devote my time and energy in serving the well being of Collier County citizens and the community as a whole, I would be proud to utilize the skills I have learned in business and in like towards the development of our community. I look forward to hearing from you regarding these positions. I may be contacted at: 342 Pineh~rst Circle 941-417-1192 Sincerely, Heather Rockcastle hr/jm 07/~9/2000 ¢5:31 385-662-9884 ~OHN ~CLEAN P&GE 03 Heather Rockcastle, RN, BSN, CLC 342 Pinehurst Circle Naples, FL 34113 941.417.1192 PROFESSIONAL EXPERIENCE: June 1995-September 1997, Cedars Medical Center, Miami, FL.- Nurse Manager Oversees two Orthopedic units with overflow of Plastic and GU surgery patients. Twenty-four hour responsibility for total operation of the department. Exerts a leadership role which supports the hospital's mission, vision, goals and objectives while focusing on the patients, physicians, employees and the community as customers, Integrates operations wtth other departments to ensure efficiency and coordination. Develops, implements and monitors departmental budget, performance improvement program and employee performance standards. Active in change initiative and JCAHO preparation team Acted as relief Supervisor for 350 beds June 1993-June 1995, Duke Medical Center, Durham, N.C.-Nurse Manager Managed 32 bed Orthopedic, Otolaryngology and Family Medicine Unit. Twenty-four hour accountability for scheduling, hiring, counseling and termination. Responsible for development and maintenance of annual budget A, cted on Clinicat ladder Committee, and faculty for training program for Cultural Diversity May 1990-June 1993, Miami Heart Institute, Miami Beach, FL..Nurse Manager Twenty-four hour responsibility for 42 bed Orthopedic, Telemetry, General MedicallSurgicat Unit. Responsible for scheduling, hiring, counseling, and evaluation of staff. Member of Rehabilitation Committee, infection Control Policy and Procedure and Combined Practice Committee Acted as hospital Supervisor for 258 beds. October 1988-May 1990, Coral Gables Hospital, Miami, FL.-Hesd Nurse Head Nurse for 52 bed Orthopedic and Diabetic Unit Twenty-four hour responsibility for scheduling. hiring, counseling, evaluation of staff, Triad Leader between physical therapy, orthopedic technician and nursing staff. Developeri pro and post-operative instruction program for joint replacement surgery. FebnJary 1986-October 1988, Jackson Memorial Hospital, Miami, FL..GI Station Supervisor Twenty-four hour responsibility for specialized areas of examination included: scheduling of patients, developed and reviewed staffing pefferns in relation to patient care needs. September 1984-February 1986, Jackson Memorial Hospital, Miami, FL.- Associate Head Nurse Assistant manager of 38 bed Orthopedic Unit. Responsible for staff schedules, immediate supervision of care, counseling and evaluation of staff. January 1983- September 1984, Rehabilitation Providers, Miami, FL.- Certified Insurance Rehabilitation Specialist Provided medical and vocational management of workers' compensation, bodily injury and liability claims, Acted as Liaison between insurance adjusters, attorneys, doctors and claimants. Performed medical records review in the investigation of injuries. ~.~ 07/29/2000 05:31305-662-9804 JDHN MCLEAN P&GE 04 September 1981-January 1983, Cedars Medical Center, Miami, FL.. Staff Nurse Team Leader on a 32 bed Orthopedic unit. Responsible for pre and post-operative care and teaching of patients and significant others. Responsible for development of orthopedic in-service programs. September 1979-JanuamJ 1981, Jackson MemoNal Hospital, Miami, FL.- Staff Nurse Modular Leader for Orthopedic and Rehabilitation Unit Responsible for 10-20 orthopedic and neurology patients twenty-four hours a day, and ongoing evaluation of care delivery by modular staff members. Developed proficiency in instruction for patients, and staff. EDUCATION: 1974-1976 1976-1979 1976-1979 1991-1992 May 1998 June 1999 October1999 ToPresent Solano Junior College, Fairfield, CA AA, Liberal Arts Miami-Dade Community College, Miami, FL. AS, Nursing Jackson Memorial School of Nursing, Miami, FL. Diploma in Nursing Florida International University, Miami, FL. BSN Florida Risk Management Institute, Ft. Lauderdale, FL. Medical-Legal Consultant-Expert VVitness Certificate Program (40 hour course) Florida Risk Management Institute, Ft. Lauderdale, FL. Case Management Specialist-QI Certificate Program (40 hour course) Florida Risk Management Institute, Ft. Lauderdale, FL Licensure Program in Healthcars Risk Management (120 hour course) Advanced Cardiac Life Support Provider HRS Certified HIV Counselor Certified Legal Consultant Florida RN license North Carolina RN license PROFESSIONAL MEMBERSHIPS: Florida Nurses Association American Association of Legal Nurse Consultants National Association of Orthopedic Nurses -2- MEMORANDUM DATE: October 4, 2000 TO: Thomas W. Olliff, County Manager FROM: Pamela S. Mac'Kie Commissioner, Dis~ict 4 RE: County Ordinance 81-54 In accordance with County Ordinance 81-54, I am requesting a reconsideration of the following items previously decided by the County Commission: September 12, 2000- Items: 12(C)7, 12(C)8, 12(C)9, 12(C)10, 12(C)11 September 26, 2000- Items: 12(C)3, 12(C)4, 12(C)5, 12(C)6, 12(C)7, 12(C)8 According to ordinance, since I voted in the majority on all of the above items and am making myjequest within the prescribed time, I am in a position to ask that the Commission reconsider their actions. Please place this request for reconsidemtion on the Board of County Commissioner's agenda for the meeting of October I0, 2000. Commissioner, District 4 PSM:cb cc: Board of County Commissioners MEMORAND[JM DATE: TO: CC: FROM: SUBJECT: October 3, 2000 Thomas W. Olliff, County Manager Board of County Commissioners James D. Carter, Ph.D., Vice Chairman Commissioner, District 2 Golf Course Impact Fees - Reconsidemtion ACTION~ FILE I understand that Commissioner Mac'Kie has asked that the Golf Course Impact Fee issues from the last two Board meetings be brought back for reconsideration at our October 10, 2000, Commission meeting. After conversations with the Clerk of Courts and the County Attorney, I also believe all of the Board's decisions relating to the Golf Course Impact Fees from the September 12th and 26'h Board meetings must be reconsidered due to legal issues that were not incorporated into our discussions previously. Jamet.~). Carter, Ph.D., Vice Chairman Commissioner District 2 JDC/tlm MEMORANDUM DATE: October 4, 2000 TO: Thomas W. Olliff, County Manager FROM: David E. Brandt Commissioner, District 1 RE: County Ordinance 81-54 In accordance with County Ordinance 81-54, I am requesting a reconsideration of the following items previously decided by the County Commission: September 12, 2000- Items: 12(C)7, 12(C)8, 12(C)9, 12(C)10, 12(C)11 September 26, 2000- Items: 12(C)3, 12(C)4, 12(C)5, 12(C)6, 12(C)7, 12(C)8 According to ordinance, since I voted in the majority on all of the above items and am making my request within the prescribed time, I will ask that the Commission reconsider their actions. Please place this request for reconsideration on the Board of County Commissioner's agenda for the meeting of October 10, 2000. David E. Brandt, Commissioner District 1 DEB/kmm cc: David Weigel, County Attorney MEMORANDUM DATE: TO: FROM: SUBJECT: October 4, 2000 Commissioner James D. Carter, Ph.D., Vice-Chairman, District #2 Commissioner David E. Brandt, District #1 Commissioner Pamela S. Mac'Kie, District #4 Commissioner Barbara B. Berry, District #5 David C. Weigel, County Attorney Reconsideration and Additional Recommendations pertaining to Golf Course Road Impact Fee Agenda Items 12(C)(7), 12(C)(8), 12(C)(9), 12(C)(10), & 12(C)(11) heard September 12 and Items 12(C)(3), 12(C)(4), 12(C)(5), 12(C)(6), 12(C)(7), &12(C)(8) heard September 26, 2000 at the Board of County Commissioners Public Meetings [Agenda Items fully identified at the end of the memo] Upon a review of each of the proceedings of the above-referenced agenda items, the facts placed on the record, the legal issues presented, and the legal advice that I provided you and the considerable deliberations of the Board on these items, it is my advice that the Board entertain Motions for Reconsideration for each and all of the aforementioned agenda items. My reasoning for the appropriateness of the Board's consideration and adoption of such Motions for Reconsideration follows: The Board of County Commissioners finds itself in a decisionsmaking process under its Road Impact Fee Ordinance, No. 92-22, as amended, that affects significant property rights of persons/entities that must be afforded constitutional due process under the laws. Them exist several important questions of the powers or authority of the County staff and the Board to administer applicant/owner requests and decide or enforce fiscal obligations under the Road Impact Fee Ordinance. Them is a need for the Board, the County staff, the Clerk of Courts serving as Clerk to the Board, regarding the accounting for or refund of moneys collected, and affected property owners to seek and obtain interpretation and direction from the Court as to the application of the law and the powers and discretion that the Board or County staff may exercise based on the particular facts of these matters. What do Motions for Reconsideration of these Agenda Items do? Answer: Motions for Reconsideration timely adopted by the Board of County Commissioners effectively stays the implementation of previous determinations on September 12xh and 26* by the Board pending the eventual reconsideration of such agenda item(s) by the Board. The County Manager, the Clerk and I recommend that the adoption of Motions for Reconsideration for all of the agenda items enumerated above occur at the Board's October 10, 2000 public meeting. Memorandum Board of County Commissioners October 4, 2000 Page 2 of 3 Recoramendation of the County Manager, Clerk and County Attorney upon adoption of Motions for Reconsideration: That the Board direct the County Attorney in coordination with the County Manager and in conjunction with the Clerk to file a lawsuit on behalf of the County and the Clerk, naming all appropriate parties relating to the above-listed agenda items, seeking a declaratory judgment of the Court as to the rights, powers, and prerogatives of the Board of County Commissioners (County government) in administering Collier County Ordinance No. 92-22, as amended, as such ordinance pertains to the petitioners and their property interests at issue in these agenda items. That the Board continue the date for reconsideration of the agenda items to be reconsidered until such time as the declaratory judgment action referenced hereabove is commenced and ultimately concluded in its entirety. That the County Manager, Clerk and the County Attorney, working together, communicate with and proceed forward with the affected property owners and their agents toward the resolution of these golf course road impact fee issues, the intent being to obtain definitive answers to all questions in the judicial forum, offering all affected parties the opportunity to participate, present their reasoning for court consideration and be adjudicated by the Court as to what the law allows and what the parties can do within the law under the facts that exist. I believe that this approach can answer legal questions in a comprehensive, single effort and avoid several, more adversarial lawsuits on variations of the same core issues. cc: Dwight E. Brock, Clerk Thomas W. Olliff, County Manager [Agenda Items referenced at the beginning of the memo] September 12, 2000, Items 12(C) 7) $) Review hearing to determine eligibility to submit alternative road impact fee calculations for Tiburon, Pelican Marsh and Bay Colony golf courses. Review hearing to determine eligibility to submit an alternative road impact fee calculation for two nine-hole golf courses at Grey Oaks. "".~,G~I~IDA ~TEM No, r(_x C-), ! OCT 10 2000 J Memorandum Board of County Commissioners October 4, 2000 Page 3 of 3 9) 10) 11) Review hearing to determine eligibility to submit an alternative road impact fee calculation for the Valencia at Orangetree golf course. Review hearing to consider an alternative road impact fee calculation for Vanderbilt Country Club. Review hearing to consider an alternative road impact fee calculation for Naples Heritage Golf and Country Club. September 26, 2000, Items: 12(C) 3) 4) 5) 6) 7) 8) Review Heating to consider an calculation for the golf course at The Strand. Review Heating to consider an calculation for Naples Grande Golf Course. Review Heating to consider an calculation for Golf Club of the Everglades. Review Heating to consider an calculation for Naples Lakes Country Club. Review Heating to consider an calculation for Cedar Hammock Country Club. Review Hearing to consider an calculation for Old Collier Golf Club. alternative alternative alternative alternative alternative alternative road impact fee road impact fee road impact fee road impact fee road ~mpact fee road ~mpact fee I OCTI02000 ] EXECUTIVE SUMMARY ETITION 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 436 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 Board of County Commissioners consider the petitioner's request 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: 1. Amended Request: ~This project was originally scheduled for hearing in front of the BCC on September 12, 2000 however, te to an advertising error it was continued to October 10, 2000. It is important to note that the petitioner revised the PUD zoning request on August 18, 2000, after the hearing in front of the Collier County Planning Commission, which was held on July 20, 2000. The petitioner amended the Master Plan to indicate the designation of a future vehicular and pedestrian interconnect along the northern property boundary. Additionally, the petitioner revised the PUD Master Plan to remove a portion of land (approximately 20,000 square feet) which directly abuts the northern terminus of Euclid Avenue. Therefore, that portion of the project is no longer under consideration for rezoning as part of this request. The subject site no longer directly abuts Euclid Avenue. Subsequently, by way of this Executive Summary, staff's recommendation to the BCC for the petitioner to directly interconnect with the abutting subdivision to the south (Willoughby Acres) has been amended. Staff consulted with the County Attorney's office after the revision, and was advised that the changes will not necessitate a re- hearing in front of the Collier County Planning Commission. It is staffs understanding that at the heating held before the Planning Commission, the issue of interconnection with Euclid Avenue was discussed. It was subsequently dismissed by the Planning Commission without specific reference to a recommendation for interconnection with Euclid Avenue for vehicular traffic other than for emergency access. 1 AGENDA J'rF-J~ OCT 1 0 2000 Pg._ { 2. Petitioner's Current Request: The project is located north of the Willoughby Acres and Turnbury subdivisions, east of the Candlewood and Imperial Golf Estates subdivisions, south of the future Royal Palm Academy, and west of the future Livingston Road extension, across from the Carlton Lakes PUD. The site directly abuts a 275-foot wide FPL casement, which directly abuts the future Livingston Road extension to the east. The site does not directly abut any other public roads. The petitioner proposes to develop the property for a maximum of 436 single family, zero lot line and two-family a~ached 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. Access to the Madeira PUD is proposed from the future Livingston Road, just north of Immokalee Road. 3. Existing Zoning Conditions on Site: The site is comprised of 145.37 +/- acres. Approximately 100 acres of the southern portion of the site presently have a zoning designation of "RSF-3", Residential single family. The remaining 45.37 acres (northern area of the project) are zoned "A" Rural Agricultural. The RSF-3 zoning district allows the development of single family dwelling units at a density of 3 dwelling units per acre. The "A" zoning district allows 1 single family dwelling unit per five acres, Under the current zoning scenario, RSF-3 zoned areas may bc developed with approximately 300 dwelling units on 100 acres, and the "A" zoned areas permit 9 single family dwelling units, for a total combined 309 dwelling units. If the property is developed at the density proposed, there will bca maximum net increase of approximately 127 dwelling units, over and above that which is already permitted by right. 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: · Building Code Adm.: · Micro Film Sumharge: $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 2 L AC.~.NDA ITEM' OCT 1 0 2000 For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since this --~oject proposes 436 units, the total amount of residential impact fees collected at build-out will total ,150,612.70. 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 ofad 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 petition will have no impact on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As analyzed below, 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 (FLUM). The requested PUD zoning designation to allow single family, zero lot line and attached single family development at a density of 3 dwelling units per acre, is consistent with the FLUE. Residential land uses are authorized uses of land in the urban designated area of the FLUM. Proiect Relationship to Elements of the GMP: A. FLUE The subject site is located within the Urban Residential Mixed Use future land use classification as designated on the FLUE of the County's GMP. The RSF-3, PUD and Rural Agricultural zoning districts are permitted zoning classifications within this Future Land Use designation. The Rural Agricultural zoning classification, within the Urban area, is generally considered a "holding" zone, until urban densities are requested through rezoning actions. The project is consistent with the following applicable land use policies contained in the FLUE: Policy 5.3 - discourages unacceptable levels of urban sprawl in order to minimize cost of community facilities by confining urban intensity development to areas designated as Urban on the FLUM. Analysis: The project is located within the Urban boundary as designated on the FLUM. The requested density of 3 dwelling units per acre is within the allowable density as permitted by the Density rating system of the FLUE, for projects located within the Urban designated areas of the FLUM. Policy 5.4 - new developments shall be compatible with, and complementary to, the surrounding land oses. 3 AGF_N~A ITF_M OCT 1 0 2O00 Analysis: The project's density, housing types, open space, proposed development patterns and buffer areas are compatible with and complementary to surrounding land uses. See compatibility analysis below. Policy 5.5 - Encourages the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Analysis: Two thirds of the project (100 acres) is currently zoned to allow residential development. The remaining 45.37 acres is zoned Rural Agricultural. The Rural Agricultural zoning classification is generally considered a "holding" zone within the Urban land use classification, until urban densities are requested through rezoning actions. The project is surrounded by subdivisions to the south and east that have been zoned and platted for residential land use from the late 1960's. A rezoning action to PUD will not necessitate unreasonable extension of County facilities. Services exist within the immediate area, and are available to serve the subject site, since abutting properties are already served. Policy 5.6 - Permits the use of cjuster housing, Planned Unit Development techniques and other innovative approaches in order to conserve open space and environmentally sensitive areas. Analysis: Consistent with Policy 5.6, the petitioner is requesting a rezoning to PUD in order to establish a development plan in order to minimize impacts to environmentally sensitive areas of the project. 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 preserve the existing natural sheet flow of the slough. B. Density Rating System: 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 FLUE allows the subject petition to qualify for abase 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. C. Compatibility analysis: The proposed development of the site is compatible with abutting properties to the south and west, which have an RSF-3 zoning designation and are developed with single family residential dwelling units. The project abuts the future Livingston Road to the east, then Carlton Lakes PUD, which is primarily a residential development approved at a density of 3.35 dwelling units per acre. Similar projects to the north were approved at densities that range from 1 du/acre to 3 du/acre. The PUD document indicates there will be a significant buffer area along a portion of the southern boundary of the site and along road right-of-ways which abut existing developments. The proposed development standards for the project are similar to the residential district zoning standards, which most closely characterizes the uses authorized by this district. Building heights for all structures on site are limited to 4 A~-N~A ITF-~ OCT 1 0 2000 ~3,5 feet, which is comparable to the existing development on properties abutting the site to the south and St. 2. Transportation Element: The project was analyzed for consistency with the following applicable elements of the Transportation Element of the GMP: Policies 1.3, 1.4, 5.1, 5.2, and 9.3. As analyzed below, the petition was found consistent with all of the applicable policies with the exception of Policy 9.3. Because the developer of the subject site proposes private roads in a gated ,community, the full intent of Policy 9.3 of the Transportation Element will not be able to be achieved. A. Traffic/Trips Analysis (Policies 1.3, 1.4, 5.1~ 5.2): Approximately 100 acres of the proposed project is already zoned to permit single family residential development at a density of 3 units per acre. The petitioner is requesting a rezoning to 3 dwelling units per acre for single family use over a total of 145.37 acres. Therefore, any traffic generated by development on the 100 acres of the site which is already zoned, is typically not considered as an increase in impact to the County's road network since the property is already eligible for development. It is only necessary to analyze the additional traffic that will be generated as a result of the rezoning of the 45.37-acre of the site, which is currently zoned Rural Agricultural. The ITE Trip Generation Manual (5th Edition) indicates that the total traffic for the 45.37 acre site will generate 1,318 Average Weekday Trips, with approximately 138 trips in the PM peak hour. The subject site's generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road er trip adjustments and assignments are made. In addition, once this road segment is constructed, the . .oject trips will not lower the level of service below this road's adopted LOS "D" standard. Furthermore, the site generated trips will not exceed the significance test standard of 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 Transportation Element. For the Board's information, the ITE Trip Generation Manual indicates that the total traffic for the 145.37 +/- acre site is approximately 4,192 Average Weekday Trips. B. Interconnection analysis (Policy 9.3): 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. Although the subject site does not directly abut existing public roads to the south, the Board of County Commissioners should consider requiring an interconnection between the subject site and neighboring property to the south and north. It is consistent with Policy 9.3 of the Transportation Element and is consistent with the Board's recent policy direction to require interconnection between projects. Both the intent of the Policy directive and the GMP policy is to limit impacts and reduce traffic on the County's arterial roadway network. An 5 2000 interconnection to the south and north, and subsequent development of a public road through the subject site, will facilitate traffic movement on local roads between the subject site, the Willoughby Acres subdivision and properties to the north, but will not necessarily promote through traffic. This will result in a secondary road system which primarily serves residents of the subject site and the existing Willoughby Acres and surrounding subdivisions (over 1,250 dwelling units) and reduce traffic impacts to segments of Livingston Road, provided the project is developed with public roads through the subject property and to the north of the site to Livingston Road. Requiring public roads through the subject site, and interconnection of the site to abutting property to the north and south will achieve the intent of Policy 9.3 of the Transportation Element and will be consistent with the Board's recent Policy direction concerning interconnection. See analysis of conditions below: Existing conditions to the west relative to interconnection: The PUD Master Plan shows an interconnection between the subject site and property to the north. The development to the west (Imperial Golf Course Estates) does not directly abut the northern boundary of the site; there is undeveloped, intervening property between the subject site and Imperial (See Map #1). There is an existing platted, road stub-out from Imperial, which abuts the intervening property. There is evidence of access easements along the northeastern boundary of Imperial, across the eastern and western portions 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 solely create a secondary access point from the subject 0site 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 (Imperial is an existing, gated community). If access is not provided through Imperial, 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 east to residents of Imperial, giving them direct access to Livingston Road, and providing a second access point to that development. To this end, the Board should consider, through this rezoning action and subsequent rezoning actions on the intervening property, establishing a secondary access for the Imperial Golf Course Development. b. Existing conditions to the south relative to interconnection: 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 the northern terminus of Lakeland Avenue on the eastern portion of the project (see Map # 2). 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, that should not preclude the Board from considering public access through the subject site to either of these public streets. An interconnection to and through the intervening property to the south to either road, will further the intent of Policy 9.3 of the Transportation Element. Intemonnection to the south to join Lakeland Avenue may be difficult to achieve. Separating the subject site and Lakeland Avenue is a partially 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 6 AC~_NDA ITEM. 1 0 2000 MAP # 1 LOCATION questionable. Because the property is already zoned and partially 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. An interconnection to Lakeland Avenue would require the Cotmty to consider eminent domain proceedings in order to connect the project with Lakeland Avenue. Although interconnection to the south towards Euclid Avenue is a more logical point of interconnection, the site does not directly abut Euclid Avenue. There is a 20,000 square foot piece of intervening property separating the northern terminus of Euclid Avenue and the subject site. It is not likely that site will ever he developed. That piece of property is owned by the petitioner and was shown as part of the PUD Master Plan at the petitioner's original submittal as part of the preserve area. There is an existing private driveway which takes access from the northern terminus of Euclid Avenue across the subject site. Existing conditions to the north relative to interconnection: The petitioner is proposing to interconnect to the property to the north. Providing an interconnection to the property to the north, and requiring public roads through the site, will encourage the development of a local road network from the northern portion of Livingston Road, south, to Immokalee Road, reducing traffic on segments of Livingston Road. 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 northern portion of Livingston Road. An interconnection of the subject site at its northern boundary linked to a public road through the future Royal Palm Academy site (to the north) will serve to further the intent of Policy 9.3 of the Transportation Element. The limiting factor again is that the project, as proposed by the petitioner, is a gered 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. Local Roadway conditions Willoughby Acres and area subdivisions: Historically, development in the Willoughby Acres and area subdivision has occurred by extending both Euclid and Lakeland Avenues northward from Immokalee Road as development in the area has occurred. The southern 100 acres of the subject site, which is currently, zoned RSF-3, is north of the current northern terminus of both of these roads. Further extension of Euclid and Lakeland Avenues was obviously contemplated, but likely did not occur due to environmental concerns which probably made development of the site at one time, an unprofitable project. 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 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 concerns 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 7 OCT 1 0 2000 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. At public request, the Transportation staff has analyzed traffic counts on Euclid Avenue three times for possible implementation of traffic calming devices. Counts have indicated those devices are not necessary at this time (see following page). 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. 3. Coastal and Conservation Management Element: Objective 6.2 of the Coastal and Conservation Management Element states that there shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands. The County does not presently ma;~ntain a wetland permitting function. The BCC has historically chosen to allow permitting for wetland destruction and degradation through Federal and State permitting agencies, consistent with their requirements. Consistent with Policy 6.3.4. of the Coastal and Conservation Element (CCE), the County relies on State Statutes to delineate wetlands throughout the County. Policy 6.2.9. states that wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Projection. Additionally, Policy 6.4.2. of the CCE allows for flexibility in the form of area tradeoffs or mitigation allowed in the determination of areas within developments to be preserved. Consistent with those policies, the petitioner plans to impact approximately 62 percent of jurisdictional wetlands and has chosen to preserve those wetlands, which have the highest potential for restoration, including the majority of the central slough.. Mitigation proposed includes exotic vegetation removal, hydroperiod enhancement within the slough and off-site mitigation. HISTORIC/ARCHAEOLOGICAL IMPACT: Staf?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 subsequently provided the assessment. The results of the assessment indicate no sensitive areas exist within the proposed project. ENVIRONMENTAL IMPACTS: The following areas of environmental concern were addressed during the review phase of this project and are summarized below. 8 AGEKIDA BTaM OCT 1 0 2000 FILE No.762 09/27 '00 14:58 ID:CC TRANSPORTATION FAX:7?4 5875 PAGE 1 (Do ~ ~ ,~ 0 ~ G AGE~AI~ O~T102000 P~./~ Wetlands/Listed Species and Preservation Requirements: 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 monitor construction along the slough. 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 includes 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. 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. 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. 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 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. Stormwater 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. Site and off-site discharge is to the slough, which runs through the project. Before construction can begin, the project will be required to be permitted through the South Florida Water Management District and Army Corps of Engineers. Staff has also imposed additional stipulations which require that prior to the issuance of construction permits, the petitioner shall submit detailed field topographic studies which shall conclude that there will be no significant adverse impacts on surrounding properties caused by the installation of the proposed control structure with overflow weir and filling within the historic low lying wetland slough. PLANNING SERVICES STAFF RECOMMENDATION TO THE PLANNING COMMISSION: At the Planning Commission hearing held on July 20, 2000, staff forwarded the following stipulations to their recommendation for approval: 9 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 Enviroranental 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. 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 10 OCT 1 0 2000 have a minimum 25-foot setback from wetland preserves. Accessory structures shall have a minimum 1 O-foot setback from wetland preserves. PLANNING SERVICES STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: 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 petitioner shall be required to dedicate or obtain and dedicate a 60- foot wide access easement across the 20,000 square foot property abutting the subject site from the northern terminus of Euclid Avenue to the subject property in accordance with Section 2.2.20.3.7. of the Land Development Code at the time of Final Plat approval. The PUD Master Plan shall be amended to show a vehicular interconnection to this property's northern boundary, creating vehicular access from Euclid Avenue to the subject site. The PUD document shall be amended to require the developer to construct public roads through the project. These roads shall be developed to current County standards. These roads shall provide unrestricted public access from the northern terminus of Euclid Avenue, to and through the subject site, to the northern boundary of the site at the northern point of interconnection (the future Royal Palm Academy site). Dedication of these roads to the County shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code, but not later than the Final Platting stage of development. At buildout, the developer shall conduct traffic monitoring studies along Euclid and Lakeland Avenues, the scope of which shall be determined by the Collier County Transportation Operations Director. The Transportation Operations Director shall review those studies to determine if traffic calming devices or other roadway improvements are required as a result traffic associated with the Madeira PUD. If improvements are deemed necessary, the developer shall be responsible for their proportionate share of the required improvements. 5. The PUD Master Plan shall be clarified 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 PUD, 6. Add Section D. Under 6.5: All construction traffic for development of the project shall access the site from Livingston Road. 11 AG,~qDA ITEM' OCT I 0 2000 7. 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. 9. Necessary permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. 10. 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. 11. 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. 12. The developer will provide for a reservation of 30 foot wide strip of land 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. 13. Remove Items 1 and 2 of the Neighborhood Parks section (6.14) and add the following: Within the project, the developer shall dedicate a minimum of one (1) acre of upland property to Collier County for the development of a neighborhood park.. The dedication shall occur pursuant to Section 2.2.20.3.7 of the Land Development Code, but in any case shall occur no later than prior to the issuance of the first Certificate of Occupancy for the project. 14. The PUD Master Plan shall be amended to indicate the size of the neighborhood park site and the plan shall indicate that the park is accessible by the public to the site through the use of sidewalks which shall be constructed by the developer. 15. Amend Table 1, Side Yard for Zero Lot Line Dwelling Units shall read "0 and 12" not "0 and 10." 12 AC-~.NDA ITEM OCT 1 0 2000 16. Amend the table on Page 12 to read as follows: total units - 436 17. Revise Exhibit E so it is legible. 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: 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. 13 AC~_NOA ITEM I OCT t 0 2000 --~REPARED BY: ./JUSAN MURRAY, AICP c/ CHIEF PLANNER DATE R~ WED BY: CURRENT PLANNI'NG SECTION DATE · -- ROBEI~T ].. MULHERE, AICP, DIRECTOR PLANNING SERVICES ~A.PPROVED BY: / 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 October 10, 2000 Board of County Commissioners Public Hearing. 14 AGENOA~ OCT 1 0 2000 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIV1SION 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 of Immokalee Road, and 1 mile east ofi-75, on the north side of Immokalee Road. 1 OCT I 0 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 AGENDA ITEM OCT 1 0 2000 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 Density: 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 (5* 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 OCT 1 0 2000 _ subdivision without having to directly access Livingston Road. As well, intercoImection 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 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. 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 OCT 10 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 OCT 1 0 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 mzoning 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 6 OCT 1 o 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 OCT I 0 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. Intemonnection at this site with the neighboring property to the south and west is possible. From a traffic cimulation standpoint interconnections to the south and west may provide an alternative access to Inunokatee 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. Them 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 intercormection 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 stafl'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. Intemonnection 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 OCT 1 0 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 run 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 AC.i~.~A ITEr' OCT 1 0 2000 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 percent 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 Irrnnokalee Road and I~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 OCT 1 0 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. 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 as proposed shall be limited to right-in, right-out, unless otherwise approved by the Transportation Services Director. 11 OCT 1 0 2000 4. 6.5 Add Section D.: All construction traffic for development of the project shall access the site from Livingston Road. The PUD Master Plan shall be amended to show a future interconnection to the abutting property to the north. I2 OCT 1 0 2000 PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER DATE REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV. 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 PLANN1NG COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 13 AGENDA/ITE.~ OCT I 0 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 land 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. 14 / OCT I 0 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 Findings: 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. 15 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. 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. 16 OCT I 0 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. 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 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: Urban 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. 17 OCT 1 0 2000 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. Summar~ Findings: 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 zoning 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. 18 ITF. M 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/Con: Evaluation not applicable. Summary Findings: 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. 19 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 land, 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. Finding: 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. 20 ~..fr_r_lqO A 17EM OCT I 0 2000 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. Finding: 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. 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. 21 OCT 1 0 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: Finding: Evaluation not applicable. 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. 22 OCT 1 0 2000 z ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5~ 2000 lterr 1. 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 !1. 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 A A-ST W - RSF-3 Undeveloped Undeveloped Undeveloped Mostly Develo' ~ed OCT 1 0 2000 IV. PROJECT DESCRIPTION: 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 ~A 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. ]?he 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: OCT 1 0 2000 Native habitats on the subject propen'y 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 Resources 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. OCT 1 0 2000 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 Requiren~ents: 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 preserx ittion -~ AGENDA iTEM on the project site may be used for the relocation of gopher tortoises. .nese ,~)/ OUr 1 0 2000 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 cormnensal 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 Management: 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. Necessary permits from other concerned agencies notably D.E.P. and U.S.A.C.O.E. must be obtained prior to starting construction. ~ OCT 1 0 2000 Environmental: Delete section 610(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 documen[ 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. AGENDA OCT 1 0 2000 PREPARED BY: S~AN CHRZANOWSKI, P.E. SENIOR ENGINEER STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: USAN MURRAY, ~ CP~*~4~ CHIEF PLANNER THOMAS E. KUCK, P.E. ENGINEERI]qG REVIEW MANAGER I(ONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE DATE APPROVED BY: VINCENT A, CAUTERO, AIOP COMMUNITY DEVELOPMENT AIDMINI STRATOR SL, gdl~/c: StaffReport & ENVIRONMENTAL DATE SERVICES OCT 1 0 2000 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Petition Received: ig !' ~ ~ Commission District: Planner Ass ned: '~ .~', ~-',.. ~, ,.. 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 Zip 34108 Name of Agent Brad Hedrich° P.E Agent's Mailing Address 10911 Bonita Beach Road City Bonita Sprin~s State FI Agent's Telephone # 941-495-5766 _ Firm Hedrich Engineering Suite 1021 Zip 34135 Fax # 941-947-453I 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 ItEARING FOR PUD REZONE - 10/98 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: na Mailing Address City State Zip. Name of Homeowner Association: na Mailing Address City State Zip. Name of Homeowner Assoc~atloo: na Mailing Address City. State __ Zip__ Name of Master Association: oa Mailing Address City State__Zip Name of Civic Association: na 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 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 - 10/98 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 Meridian Land Co. Tim Kaiser Clay Winfield John Winfield Percentage of Stock President Vice President Executive Vice Pres. 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 oflnterest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited panners Name and .Address Percentage of Ownership 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 panners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE - 10/98 PAGE 3 OF OUr 1 0 2000 Name and Address Date subject propert3' acquired ( ) leased ( ):Term of leaseyrs./mos. If. Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date Should an)' 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 lite responsibility of the applicant, or agent on his behalL 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 property': fl. X ft. = Total Sq. Ft. Acres +/- 145.47 Address/general location ofsubiect property.: West of Livingston Road, 3A Mile North of Immokalee Road. Adiacent zoning and land use: APPLICATION FOR PUBLIC ItEARING FOlk PLID REZONE - 10/98 PAGE 4 OF 16 AGE. N~A ITEM OCT I 0 2000 Zoning N A S RSF-3 E RSF-3 & A W PUD&A Land use Roval Palm Academy (future) & vacant land Residential, single familv& 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: Lot: Plat Book Metes & Bounds Description: Township:. Range: Block: Subdivision: Pa~,e ~: Propen>' I.D.#: 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 rises) of the property:_.Residential with on-site amenities for residents APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Evaluation Criteria: Pursuant to Section 2,7.2.5 and Sec. 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. 1 [I 200 Standard Regone Considerations (LDC Section 2. 7.2.5) Whether the proposed change will be consistent with the goals, objectives, and policie~ and future /and use map and the elements of the growth management plan. The project as/hrther stated in the PUD document in consistent with the Land Development Code The proposed residential density of 3 units per gross acre is' 25% below the allowable base densit¥~ 2. The existing land use pattern. £xisting 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 a~riculture, but low density residential uses are anticipated once the Livingston Road corridor hots been open for a period of time. 3. The possible crecttton e? an isolated district unrelated to adjacent and nearby districAs The proposed ? UD i.s con~sistent with the G~[P and consistent with or ~flesser intensi~ than existin~ pro/c'c l.v in the sw*rounding area Whether e,wsting dts.'ict boundaries are illogically drawn in relation to existing condition3 on the prop~,rty for the proposed change, ~I?zether ci~anged or changing conditions make the passage oftheproposed amendment O'ezone) neces~a0 .The opening o~ Livinsston Road has created access to the site which is primarily the reason for the fezone reques~ a~ this time. 6 Whether the propo.sed change will adversely influence living conditions in the neighborhood No I4~hether ,'he pro];,;seal. hange will create or excessively increase traffic congestion or create types ef trq~fic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases od' 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. No. APPLICATION FOR PUBLIC IIEA lING FOIl PUD REZONE - 10/98 ] O, Whether the proposed change will seriously affect property values in the adjacent area. No. Oualit), development o[ this caliber will however over time increase property values in the surrounding area. ~ OCT 1 0 2000 PAGE 60 16 PS. '~"~-- ] ]. Whether the proposed change will be a deterrent to the improvement or development adjacent property in accordance with existing regulations. No. !2. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No. J3. I'Fhether there are substantial reasons why the property cannot be used in accordance with existing zoning. Yes. The mix o£RSF-3 andAg. Zoning would create a difficulty, in completing a land plan that will protect the natural systems and still allow for lo,a density residential development. ]4. Whether the change suggested is out of scale with the needs of the neighborhood or the county ~Vo J 5. gT~ether iz i~ impossible tofind other adequate sites in the county for the proposed use m district.s ab'eac~ permitting such use. ~Vo, but it is difficult. ] 6. 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 (d a critical wetland slough is through a unified development plan througi~ the assemb[a,k,e o~ small parcels. This approach greatly reduces the potential aheration of the site ] 7. The impact el'development on the availability of adequate public facilities and service5 consistera with the ]eve/s of service adopted in the Collier County growth management plan and as dg/ined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. The proleer ~l ill oomph, ~ ith the Collier County Adequate Public Facilities Ordinance deem imporlant in the protection Of the public health. safety, and welfare. PUD Regone Considerations (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. Again, this prol'ect will utilize a low density development pattern while improving drainage and protecting a valuable wetland slough. APPLICATION FOR PUBLIC lIE\RING FOR I'I.D REZONE - 10/98 PAGE 7 OF lfi Adequacy ~4f evidence pf unified control and suitability of any proposed agreements contract, or other instruments, or for amendments in those proposed, particularly as they may re[ate 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 cily a~qO~.~/'5. . consuhation with ti~e county attorney. I~o.~_ OCT 1 0 2000 Unified control is evidenced ~P the deeds and contracts to purchase that are apart of this applicalion. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan As stated previously, this protect complies with and I~urthers the goals and ab/ectives of the GM?. 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 requJremenls Outside impacts ore limiwd d~e to the extensive wetlands on site. The adequate3 (?! z~sable o?en spaee areas in existence and as proposed to serw ;he devclo];ment Open Space is in abzmdance due to the environmental restrictions on the propertr. The timing vr .sequence qf development for the purpose of assuring the adequacy of available imFrorements and facilities, both public and private. £iving~ston Road the infi'astructure associated with it +*,ill be completed prior to any permits hein5 i.ssued ~,' this project ensuring adequate capacit3,. The abiliry ef the subject properry and of surrounding areas to accommodate expansion. The project proposes connections to existing streets should the Commission wish to require it Conformity with ?UD regulations, or as to desirable modifications of such regulations in the ,vattitular case. based on determination that such modifications o f justified as meeting pubiic purposcs to a degree at least equivalent to literal application of such regu[ation,~ 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 shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A cop3' of the pre-application meeting notes; APPLICATION FOR PUBLIC tIEAIlING FOIl PUD REZONE - 10/98 PAGE 8 OF AGENOA ~TEM OCT 1 0 2000 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 8V2" x 11" copy of site plan], drawn to a maximum scale of I ioch 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, · proxisions 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 Fards. open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site). · proposed andor existing landscaping and buffering as may' be required by the Count), An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not all 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 (with all required attachments and sketches); APPLICATION FOR PUBLIC IIE..',RING FOIl PUD REZONE - 10/98 A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; OCT 1 0 2000 PAGE 9 OF Pg. ff~-y A historical and archeological survey or waiver application if properly is located within an area of historical or archaeological probability (as identified at pre- application meeting): An5, additionaI 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 HEARIN'G FOIl I'I;D REZONE - 10/98 PAGE 10 OF OCT 1 O 2000 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! IREQUIREMENTS # or NOT 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. Pre-application notes/minutes 5. Conceptual Site Plans 15 6,' Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified)4 v/ 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application ................ ..... J~ ~,,,~ a. ai lientiering of l)roposed 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 of processing this petition. Agent/Applicant Signature Date APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF ~UAHLI=5 & EIRAD¥ LLP VILLAGE BANG 5619 ATTORNEYS AT LAW OF NAPLES TRUST ACCOUNT ~' ~.S, FLORIDA 34103 4501 TAMIAMI TRA~L NORTH, STE. 300 April 1 :000 $ 6,150.00 NAPLES, FLORIDA 34103 63-1425/670 Date Amount 01 .... Six Thousand One Hundred Fifty Dollars and Zero Cents - -- pay I Board of County Commissioners To the Order of File No. 31217 Wachowicz ,,~/~' ~'// · ,'OOS~g,,' ~:O~?O~l~5g~.' SO~O Quarles & Brady LLP Attorneys at Law 4501 Tamiami Trail Nor[h, Ste 300 Naples, Florida 34103 Reference Wachowic7_/Meridian Gem Village Banc of Naples Naples, Florida Check No. 5619 April 11,2000 $*****'6,150.00 Date Amount ~ay To the Drder of No. JBoard of County Commissioners Queries & Brady LLP Trust Account 501018 NOT NEGOTIABLE DETACH AND RETAIN THIS STUB 31217 Wachowicz Wachowicz/Meridian Gen.(960580.31217-LJS) Check Stub © Pan Pacific Professional Brief Accounting (tm) ~uarles & Brady LLP ~ay the ~rder of ~eference tBoard of County Commissioners Wachowicz/Meridian Gen. Check No. 5619 April 11,2000 $*****'6,150.00 Date Amount .;JR GL Account Dr 3563 ' 1181 Village Bank - Trust 2111 Bank - Trust Liabi... 6150 :ile No. 31217 Wachowicz Or 6,150.0"~' Authorized by: I Wachowicz/Meridian Gen.(960580.31217-LJS) Trust Account Check Pdnted: Apr 11, 2000 1,'35 PM / mdr Queries & Brady LLP Village Banc of Naples Trust Account 501016 Marian D. Ryan FILE COPY · '"~, © Pan Pacific Professional Brief Accounting m) 2000 ... .... A FFIDA VIT am/are the owners of the property described hereto 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, cmd other supplementary matter attached to and made a part of this application, are honest arm true to the best of our knowledge and belief Well 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 reqmred information has been submitted As property owner We/I further authorize HEDRICH ENGINtCERING, INC. and PLANNLVG SOLUTIONS INC. to act as our/?ny representative in cmy matters regarding this Petition. e of Property ~er ~ -' Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged bqfore me this ~t3 day of C>,.?rt \ , t~gz~ by 0~,~, ~,~,r-~c~ C_."~ho~is oersonallv knowy~ to m~ or has produced as identification. State of Flar~da County of Collier Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ^c.a~A Iw_~ ..... OCT t 0 2000 AFF1DA VIT We/1, _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~nformation has~n-subm~tted. ~ As propert)' owner We/l further authorize Quarles & Brady (Leo ,]. Sah'atori) to act as our/my representative in any matters regarding this Petition. Signature of Property Owner , , .... Typed or Printed Name of Owner Signature of Property Owner / ' / >, ~'.~ ,'9 or o: .... · . , The foregotng tnstrument }*,as acknowledged before me this I day of _~?~2_%?..2*__, o_z~_2, by ~_?~_~__~.,__~_ ~_~__-~__~_c_~_ .....wn~'~s~-e~3nally known to me or has produced as identification. State of Florida County of Collier (Signatlt~e of Notary Public - State of 7~'lorida) APPLICAl'ION FOR P_UBLIC HEARING FOR PUD REZONE . 10~ (Print, Type, or Stamp Commissioned Name of Notary Public) PAGE 16 OF 16 OCT 1 0 2000 STATEMENT QF ~,F1Y PROVISIQN~ FQR P{JD RE, ZONE REOUEST 1. NAMX OF APPLICANT: WINFIEI,D COMPANIE$~ INC. 2. MAILING ADDRESS: 10001 TAMIAMI TRAIl, NORTH CITY NAPLES STATE FLQRI~A ZIP 34108 ADDRESS OF SUBJECT PROPERTY (IF AVArI,,~BI,F,,): APPROXIMATELY ~/I MII,F.~ NQRTH OF IMMOKALEE ROAD AND DIRECTLY WEST OF LIVINGSTON ROAD EXTENSION (SEE BOUNDARY SURVEY FOR EXACT DESCRIPTION), ! FGAL DESCRIFTION: Sections: 13 ~nd 24 Township: 28 ut~ Ramge: 25 East Lot: Block: Subdivision: Plat Book Page #: Property LD.#: Metes & Bounds Description: SEE BOUNDARY SI~YRVEY FQR DESCRIPTION. SEE DEERS 0Tng-! r a ORMAT ON. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTrI,ITY SYSTEM [] b. CITY UTILITY SYSTEM c. FRANCHI.gED UTII.rFY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity). a. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM a. FRANC~.gF_~D UTII,ITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPL/CATION FOR PWBIAC ~ FOR PUD REZON~- AGENID~ ITFJ TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE D~,H.Y DEMANDS: A. WATER-PEAK 0.27 mgd AVERAGE DAILy 0.12 mgd B. SEWER-PEAK 0.27 mgd AVERAGE DAILY 0.12 mgd I~ PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE ~ DATE SERVICE IS EXPECTED TO BE REQUIRED: JULY 1, 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 a.ffluent and sludge disposal. Ifpercolation ponds are to be used, then percolation data and soil involved shall be provided fi'om 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 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 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 AVAIl,ABILITY CAPACITY FROM OTI~ER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services fi'om any provider other than the County, a state~nent from that provider indicating that there is adequate capacity to serve the project shall be provided. A~PL1CATION FOR PUBLIC ItF-ARING FOR PUD RE~ZONg - 10~95 AGENDA ITEM OCT 1 o 2000 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 ICNOWN AS THE MADIERA PUD LOCATED ON THE WEST SIDE OF LIViNGSTON ROAD (C.R. 880), APPROXIMATELY 3/4 MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORJDA, CONSISTING OF 145.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, Brad Hedrlch, P.E., of Hedrich Engineering, Inc, representing Meridian Land Company, petitioned the Board of Coumy Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORD;~INED by the Board of Count5 Commissioners of Collier County, Florida, that: SECTION ONE: Agricultural, "RSF-3" and "ST" to "PUD" Plarmed 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 Deparm~ent of State. -3_- OCT 0 2000 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ~';'?~'~'71'~'?~';' ~ ~ COLLIER COUNTY, FLOPd])A '.'.'-'.'.'.'.'.'-'.'. ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY J.CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Mariolie M. Student Assistant County Anomey -2- MADEIRA A PLANNED UN1T DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MADEIRA PUD. A PLANNED UrNIT DVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PI~EPARED 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 NAPt. ES. FL. 34103 BRAD HEDRICH~ P E. HEDPd CH 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- AC~A ITE~L -- OCT I 0 2000 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION 1 SECTION II SECTION III 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 I 1 pages ] 2 thru [ 3 pages 14thru 15 pages ] 6 pages 17 thru 19 -2- c, CT 1 0 2000 LIST OF EXHIBITS AND TABLES EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: PUD MASTER PLAN BOUNDARY SURVEY CONCEPTUAL WATER MANAGEMENT PLAN TYPICAL LAKE CROSS SECTION AND TYPICAL PAVEMENT SECTION ADDITIONAL LANDSCAPING DESIGNS -3- OCT 1 0 2OOO STATEMENT OF COMPLIANCE AND SHORT TITLE The Madeira Planned Unit Development (PUD) consists of +/- 145.37 acres of land located ~A miles North of Immokalee Road, irrgnediately 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 Count' as set forth in the CounD.'s Grov,~:h Management Plan. This compliance includes: The land 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 l, and Policy 5.3 of the Future Land Use Element. The subject proper%. 's location in relation to existing or proposed communiU facilities and services permits the development's residential densilT as required in Objective 2 of the Future Land Use Element. 3 The Project de',elopment is compatible x~ith and complementary to existing and future surruunding 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 ofcommuniD facilities and set;ices as required in Policies 3.1H 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 b> Objective 1.5 of the Drainage Sub-element of the Public Facilities Element {5. The Urban Residential District alloxus for a base residential densit? of 4 units pet' gross acre The projected densit3 or3 units per gross acre is in compliance with the Future Land Use Element the Gro,,~th Management Plan This Project is seeking no densit). 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 t,ao-family attached dwelling units. All final local development orders lbr this Project are subject to the Collier County Adequate Public Facilities Ordinance. -4- OCT 1 0 2000 1.1 1.2 SECTION 1 PROPERTh' Og NERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the properrs.,, and to describe the existing conditions of the propera,.' proposed to be developed under the Project name of the Madeira PUD LEGAL DESCRIPTION The subject properIs. being *"- 145.37 acres, is described as: A PARCEL OF LAND LOCATED IN SECTIONS 13 AND 24, TOX~,,~SHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLO\VS: 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' \VIDE FLORIDA PO\VER & LIGHT EASE: lENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGIN%'ING: THENCE CONTINUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'2Y'W 1050.28'TO THE EAST LINE OF THE SOUTHWEST IA OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE EAST LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST ¼ OF SECTION 13, N00°05'58"W 1344.31 ', TO THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST ¼ OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST SOUTHEAST ¼ OF SECTION 1~, S00°09'32"E 1.245.8_ . 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 ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ~¼ OF THE NORTHWEST ¼ OF SECTION THENCE ALONG THE EAST LINE OF THE NORTHEAST ~A OF THE NORTHWEST ¼ OF THE NORTHEAST ~A OF THE NORTHWEST ¼ OF SECTION 24, S00°fl'0WE 331.48', TO THE SOUTH LINE OF THE NORTHEAST tA OF THE NORTHWEST ~A OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, SW88°45' 1 I"E 296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH V2 OF THE NORTHWEST ¼ OF THE NORTHE/ T OF THE NORTHWEST ¼ OF SECTION 24; OCT 1 0 2000 THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH 1/2 OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N00°10'55"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 ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST ~h OF THE NORTHWEST ¼ OF SECTION 24~ S00°I l'13"E 1654.95', TO THE SOUTH LINE OF THE NORTH '/: OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST % OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTH '/: OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, Ngg°53'00"E 537.58'; THENCE LEAVING SAID SOUTH LINE OF THE NORTH ~J., OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N01 °07'00"W 80.00'; THENCE Ngg°53'57"E 250.06'; THENCE S01°04'30"E 80.00'. TO THE SOUTH LiNE OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST % OF SECTION 24; THENCE ALONG SAID SOUTH LINE OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWES~1% OF SECTION 24, N88°55'30"E 536.36' TO THE EAST LINE OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOL THEAST % OF THE NORTHWEST OF' SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTH '/_. OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N00°17 i?'V,' 332 15', TO TIIE SOUTIt LINE OF TItli SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST IA OF THE NORTHWEST ¼ OF SECTION 24, S85°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST % OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N00°1 l'01"W 331.48', TO THE NORTH LINE OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST ~ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, Ngg°48'59"E 662.05'. TO THE EAST LINE OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWE,,~f OF SECTION 24; 1 0 2000 THENCE ALONG THE EAST LINE OF THE SOUTH V2 OF THE SOUTHEAST ~A OF THE NORTHEAST ~A OF THE NORTHWEST ¼ OF SECTION 24, S00°11'08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH V: OF THE SOUTHWEST 'A OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24, N88°53'26"E 622.22', TO THE WEST LINE OF THE SOUTHWEST V4 OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST 'A OF SECTION 24; THENCE ALONG THE WEST LiNE OF THE SOUTHWEST '/4 OF THE SOUTHEAST ~A OF THE NORTHWEST ¼ OF THE NORTHEAST ~A OF SECTION 24, N00°10'07"W 20.00', TO A POiNT ON SAID LINE; THENCE LEAVING THE WEST LINE OF THE SOUTHWEST 'A OF THE SOUTHEAST ¼ OF THE NORTHWEST 'A OF THE NORTHEAST v4 OF SECTION 24, S88°53'26"W 20.00': THENCE N00°09'09"W 167.07'; THENCE N88°54'12"E 60.00~; THENCE S00°10'0T'E 20.00'. TO THE NORTH LINE OF THE SOUTHWEST '¼ OF THE SOUTHEAST ?4 OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ~A OF THE NORTHEAST ¼ OF SECTION 24, N88°54'I2"E 291.17', TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST '/4 OF THE NORTHEAST ¼ OF SECTION 24: THENCE ALONG THE EAST LINE OF THE SOUTHWEST V4 OF THE SOUTHEAST V4 OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF 1 HENCE ALt)NIJ IHE SOD IN LiNE O1- 1 NE NONil-t%ESI '/~ O1- IHE NORTHEAST L< OF SECTION 24, AND THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST ~ OF SECTION 24. NSg°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 ½ OF THE NORTHEAST ~/4 OF THE NORTHEAST '/4 OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTH ½ OF THE NORTHEAST IA OF THE NORTHEAST IA OF THE NORTHEAST ~A OF SECTION 24, S85°50'56"W 387.33', TO THE WEST LINE OF THE SOUTH ½ OF THE NORTHEAST ~A OF THE NORTHEAST V~ OF THE NORTHEAST 1/4 OF SECTION 24; -7- THENCE ALONG THE WEST LINE OF THE SOUTH V= OF THE NORTHEAST I/4 OF THE NORTHEAST IA OF THE NORTHEAST I/4 OF SECTION 24, N00°08'05"W 332.57', TO THE NORTH LINE OF THE SOUTH V: OF THE NORTHEAST ~A OF THE NORTHEAST IA OF THE NORTHEAST V4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH ~5 OF THE NORTHEAST ~A OF THE NORTHEAST t¼ OF THE NORTHEAST 'A OF SECTION 24, N88°49'4I"E 387.43', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED tN O.R. BOOK PAGE 364; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED 1N O.R. BOOK 487, PAGE 364, N00°07'04"W 332.72'. TO THE POINT OF BEGIN,~ING. LESS THE SOL'TH !5 OF THE SOUTH '/5 OF THE NORTHEAST ;'~ OF THE NORTHWEST 'A OF THE NORTHEAST % OF SECTION 24.7OV, Z'<SHiP 48 SOUTH, }LqNGE 25 EAST. CONTAINING 14_ .~7 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. 1.3 1.4 PROPERTY OWNERSHIP The subject property is currently under the ownership of or under contract for purchase to: Meridian Land Co. I0001 Tamiami Trail North Naples, FL 34108 GENERAL DESCRIPTION OF PROJECT AREA The Project site includes portions of Sectionsl3 and 24. Township 48 South. Range 25 East. Generally, the Project is located immediately adjacent to and West of Livingston Road, approximatel) ~,4 miles Norih of hnmokalee Road. The zoning classification of the subject propert).' prior to the date of this approved PUD document was A - Agriculture and RSF-3 PHYSICAL DESCRIPTION -8- OCT I 0 2000 The project site is located within the South Florida Water Management District Cocohatchee River Basin. The site, along wilh se'~eral offsite drainage basins, currently drains to a main ohsire wetland slough ~hich then drains to the ~est to an offsite wetland slough which then outfalls to Palm River via twin 36" pipes. ?aim River then outfalls to the Cocohatchee River. The Cocohatchee River Basin ~picalIy 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 CounD, that will most likely suggest a discharge rate of 0.03 cfs/acre due to the overtaxed downstream drainage system The master storm water management system will consist of a combination of ohslie detention lakes, drainage conve.', ance systems. and control structures with bleed down pipes and overflow weirs to detain storm water and achieve the reduced discharge rate. The master storm water management system will outfall to the ohsire wetland slough that in turn outfalls to offsite wetlands to the west and then to the Palm River Canal. A majorit.,, of the elevations x~ithin the project range from 10 feet to 13 feet NGVD with smaller extreme cases ofele;ations ranging from 6 feet to18 feetNGVD. Basedonan initial leotechnical study of the area, a thick bedrock layer starts at approximate15 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?ear flood The closest 100- >'ear l]ood zone is located to the west of the site. v,h~ch is good zone AE I I (Etev I l0 feet NGVD) A description of soil ~pes found in the area. 11 - Hallandale fine sand (From NRCS data) The soils of the Hallandale Series are siliceous. h.xpotherrnic Lithic Psammaquents TheF are shallox~, poorly drained, moderntel.', to rapidlb permeable soils that formed in thin beds of sand.,,' marine sediment over limestone. These nearly level soils are tn gatwoods and in sloughs and poorly defined drainage-ways. Slopes range from 0 to 2 percent. (The NRCS does not classi~ this series as hydric.) 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 PROJECT DESCRIPTION The Madeira PUD is a residential community that provides Iow-densir,: development in an area permitted for up to 4 units per acre base density. The project will be a fated access communi~ 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 t, family attached dwelling units upon completion. -9- 1.7 SHORT TITLE This Ordinance shall be 'known and cited as the "Madeira Platreed Unit Development Ordinance." -10- OCT 1 0 2000 SECTION II PROJECT DEVELOPYlENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of de'~elopment. relationships to applicable CounU ordi~umces~ and the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL 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 Coun15 Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the proxisions of the most similar district in the Count> Land Development Code shall appl:, Unless otherx~ise noted, the definitions oral[ terms shall be the same as the &, 5ndions set forth in the Collier Count? Land De;cloFmcnt Code in eflcct at the time of building permit application .All conditions imposed and all graphic material presented depicting restrictions for the development of the Madeira PUD shall become part of the regulations. ;~hich govern the manner in which the PUD site ma> be de:eloped Unless modified, x~ai,,ed or excepted b5 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 Facilities at the earliest or next to occur of eithe~ final SDP approval, linal plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Master Plan, including I%out of streets and use oI land for the ¥ar~ou, tracts. is iljustrated graphically b) Exhibit "A." PUD Master De¢elopment Plan There shall be 9 residential land use tracts plus neeessay' water management lakes, street rights-of-wa>. the general configuration of ~xhich is also iljustrated by Exhibit -11- OCT 1 0 2000 2.4 2.5 TRACT R I thru R9 CR P Lakes Roads TYPE OF DEVELOPMENT UNITS ACREAGE Single family, zero lot line and two-family attached 436 84.14 ac Common area and Recreation na 4.88 ac Preservation na 30.67 ac na na 1992 ac Rights-of-;¥a> t~a 5 ~6 ac TOTAL 145.37 ac Areas iljustrated as lakes by Exhibit "A' shall be constructed as lakes or. upon appro,.al. parts thereof may be co~structed as shallov,. imermittent ,.vet and dr:, depressions for water retention purposes. Such areas. lakes and intermittent wet and do areas shall be in the same general configuration and contain the same general acreage as shown by Exhibil "A." Minor modification to aII tracts, lakes or other interior boundaries may be permitted at the time of Preliminap,. Subdivision Plat or Site Development Plan approval. subject to the prox isions 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 necessaD' (utiliD', private, semi-public, etc) shall be established ~ithin or along the various Tracts as may be necessa~. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 436 residential d~,elling units shall be constructed in the total project area. The gross project area is ~/- 145.37 acres. The gross project densit). therefore, will be a maximum of 3 unils per acre 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 plardng 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 submined 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 Division 3.2 of the Collier Conre? Land De,.elopmem Code. and the platting laws of the State of Florida. The provisions of Division 3,3 of the Collier County Land Development :;hen applicable. shall apply to the development of all p[alled tracts. or pa -12- OCT 1 0 20O0 2.6 2.7 2.8 of land as provided in said Division in effect prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval ofa Preliminar': 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 an.,.' dedications and method for providing perpetuaI maintenance of common facilities. MODEL HOMES AND S~LES FACILITIES Model homes'model home centers including sales centers shall be permitted in conjunction with the promotion of the development subject to the follox~ing: One "wet" and 3 "du" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future. platted lots The Pro ect ov, ner must appl5 for temporaU use permits for all models The models permitted as "dr.,." models must obtain a conditional cer~ificale o~ occupancy for model purposes onl5 The "~et" model may not be occupied until a permanent certificate of occupancy is issued The "wet" model may be served by a tempora~ utility, system with ultimate connechon 1o the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water s.,,stem 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 ~ith the master system for the enlire development applicable Sections ol the LDC. AMENDMENTS TO PUB 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. ASSOCIATION OF PROPERTh' OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibili .ty 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 K, rther to the provisions of the Collier County Land Development Code. -13- OCT ! 0 2000 3.1 3.2 3.3 3.4 SECTION III 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 R1, K2, R3, R4, RS, R6, R7, R8 and R9. Low Denslb,' Residential. MAXIMUI~I DWELLING UNITS The maximum number of ]o'4-densiD residential units allo,aed 'a dhin the PUD shalI be as follows: Tracts RI through R9- 436 units. USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used. or land used. in whole or pan, for other than the A. Principal Uses: Single Farolib Dwelling Unit 2.Zero Lot Line Detached Unit 3.Two-Famib Attached Unit 4. The cjustering or grouping of housing structure U'pes identified in Section 3.3 of this document ma) be permitted on parcels of land under unified ownership, or as ma.x be otherx~ise pro~ided in lhe Collier Count? Land Development Code, subject futqher to the provisions of Di;ision 33 of the Co[lief Courtt~ [,and Devero?qem Code and Table B Accessou: Uses: I. CustomaO, Accessorb' uses and structures. including private garages. 2. May include common recreation amenities such as termis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball couns. 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 other,vise provided. Front Yard Setbacks (measurement): Front yard setbacks shall be measured as follows: -14- 1. If the parcel is served directly and is irmnediately 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 pla~ed, private drive, the setback is measured from the road easement or propera/line. 4 Principal buildings shall be set back a distance sufficiem to provide for tx~o back-to-back parking spaces without encroaching into required setbacks, one of which may be an enclosed space, the other of ~hich shall be of sufficient lengtB not to cause an automobile to encroach into a sidewalk~ TABLE I Single Famil.s D.U. Zero Lot Line D.U. Z-Family Artached DU Min. Lot Area: 6.000 sq. ft 6,000 sq. ft 5,000 sq 15 per du. Min. Lot Width: Interior Lots: 50 feet 50 feet 40 feet rain per d.a 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 75 feet Rear Yard: 20 feet 20 feet 20 t~el Accessory Structure: Swimming Pool: 10 fl. rear 10 fl. rear 10 ft rear Tennis Courts: 15 fl. rear 15 ft. rear 15fl. rear Screen Porch: 10 fl. rear 10 ft, rear 10 fl. rear f~,o SIOO: 1,200 It, [,ZOU l~:¢t. -,UUL Ii. Max. Height: Principal Structures: 35 feet 35 feet 35 feet Accessory Structures: 25 feet 25 feet 25 feet Minimum off sweet parking: as reqmred m Secnon _..~ of the Land Development Code 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 appb: 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 shah be designed to achieve 60% opaci~ within one year of planting and 80% opacity within 2 years of planting. Additional landscaping shall be in accordance with Exhibit 'E' as attached. -15- AGENOA W OCT I 0 2000 PC. The balance of the landscaping and buffering in the development shah be consistent with Division of the LDC where applicable. -16- OCT I O 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 development 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 pro,.ide aestheticall> pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessoO 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 x;hole or in part. for other than the folIox~ing: A. Principal Uses: I Lakes Open Spaces Preserve Areas Pedestrian and bic.,.cle paths or board',*,alks constructed for purposes of access to or passage through the common areas and preser,,es 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 for residents of the Project. B. Accessory uses: Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter v, ith appropriate screening and landscaping DEVELOPMENT REGULATIONS 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. Buildings shall be set back a minimum of fifty, feet abutting an external residential district and a landscaped and maintained buffer shall be provided. Lighting facilities shall be arranged in a manner, which will protect roadw!ys and neighboring properties form direct glare or other interference - 17- I OCT 1 0 2000 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. -I8- AC.~A ITI~4 ~o..~ OCT 1 0 2000 5.1 5.2 SECTION V PRESERVE AREAS PURPOSE Preserve Area (P) - The purpose is to preserve and protect native vegetation, naturally functioning habitat and fiox~-wa,,,s 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 follox~ing, subject to regional, state and federal permits x~hen required: A. Principal Uses: Open Spaces ' Nature Preserves Boardx~alks subject to appropriate approvals by permitting agencies. Roadx~a5 crossings as noted on Exhibit "A," PUD Master Plan -19- AGE.~A ITE~ OCT 1 0 2000 SECTION VI 6.1 6.2 6.3 6.4 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 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 Divisirm 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 alexeloper, his successor or assignee. sha!l lblloxx the Maste~ Plan and lbc of the PUD as adopted. and anF other conditions or modifications as may be agreed to In therezoningoftheproperls. In addition, an3 successor or assignee mtit}eofthe alexeloper is subJeCt to the commitments vdthin 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 land 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 of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessao 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 The project is proposed to start construction of infrastructure in 200l. 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 termis courts and a swimming pool will be completed prior to 50% completion of the project. An annual monitoring report shah be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. OCT 0 2000 - 20 - pg. 6.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION 6.6 6.7 6.8 REGULATIONS 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 responsibililT by Collier Count. 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-;~a> traffic. Minimum Distance for right-of-way from Lakes (Section 35 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 elesation, v. hichever in greater Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of waUs or guardrails to reduce the setback to as little as 5 feet. Sidexxalks (Section 3.2.8.3.17 of the LDC): Sidex~alks will be required on one side only of all internal roadx~ays in order to provide pedestrian access throughout the Project TRANSPORTATION All accesses and roadways not located within Counb' right-of-way will be prix atel.,, maintained b.', an entib' created b> the pro.lect developer or his assigns Road Impact Fees shall be paid in accordance v, ith the Collier CounU Impact Fee Ordinance in effect at the time of building permn issuance. unless other~ ise appro;ed by the Board of Commissioners \VATER MANAGEMENT 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 e,,ent of 3-day duration and 25 year return frequenc) and shall be 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 ahabsis shall be reviex~ed and approved by the SFWMD and Collier Count/.., Engineering Review Services Staff. The x~etland slough shall be improved and maintained m perpetuit2: b.x remo'~al of exotic plants and fallen debris that ~xould significantly restrict storm water flow in the slough, UTILITIES Count2: water and sewer is available within the Right-of-k\ a> of LN ingston Road, -21 - A~,E.NOA I'~"~ ~* OCT 1 0 2000 6.9 All facilities extended to the site and which lie in platted rights-of-v,,ay shall be owned and maintained b.', the Collier County Water Se,.,,er District The facilities, whether owned by the District or privatel? 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 A. 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 ENVIRONMENTAL An appropriate pomon of the nanYe ,,egetation shall be retained on-she as required m the Collier CounU' Land De'~elopmem Code An exotic vegetation remo'.al, monitoring. and maintenance lexotic-free) plan for the site. with emphasis on the conservation preservation areas, shall be submitted to Current Planning Section Staff for review and approvaI prior to final site plan/construction plan appro',al This plan shah include methods time schedule for removal of exotic vegetation x;ithin conservation preserxanon areas 6.11 LANDSCAPING FOR OFF STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Di,~ision 2 -1 of the Collier Coun~ Land Development Code in effect at the time of building permit application except where otherwise noted in this document. 6.12 POLLING PLACES Pursuant tn SectJan 2.6 t0 of the Land I)~.-cloF, mem Code. p, r?, is )r;s s!nai[I bc rnadc for the future use of a building v, ithin the common area of the Project for the purpose oi accommodating an electoral polling place An agreement recorded in the official records of the Clerk of the Circuit Court of Collier CounU,, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but nol 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. 6.13 HISTORICAL / ARCHAEOLOGICAL If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, alI development within the minimum area necessary to protect the discovery shall be immediately slopped and the Collier County. Code Enforcement Department contacted as noted in Section 2.2.25,8d of the Land Development Code. - 22 - OCT ! 0 2000 6.14 NEIGHBORHOOD PARKS This PUD provides recreational amenities for the benefit of the residents that live within the project. These facilities will include a pool, termis 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 lmpact fee credit agreement, the developer agrees to provide one of the following to Collier Count: The developer will purchase and transfer title of a parcel of land to Collier Counu that is deemed suitable as a neighborhood park. .5 to I acre ofuplands shall be the minimum area provided. Emphasis v, ill be placed on a location adjacent to a residential street within Willoughb.,, Acres or one of the adjacent commumties so thal pedestrian access is convenient The developer will install pla.x ground equipment or provide an equivalent contribution to Collier County to the extenl that the cost of land and improvements combined does not exceed the Parks and Recreation impact fees that the project ~ould otherwise pay' to the CounU Absent the abiliD to find a suitable off-site location. the developer x~ill provide a park location within the project that is accessible by pedestrian means from adjoining communities. The minimum size of the parceI shall be .5 acres and v,i[I 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 ,aould otherwise pay to the Count5'. - 23 - AC~JqO A ITEl OUT t O 2000 EXHIBIT A ITEM CT 1 0 2000 EXHIBIT B I 2000 EXHIBIT C ~0' R/~ TYPICAl., SECT]ON 100' RYW TYPICAL SECTION LAKE TYPICAL SECTION 01/B~/l~z 18:55 ~4i~47~531 HE[~R i C:H~- OL~, ODI'I PA~E [32 EXHIBIT E OCT ! 0 2000 01/0>/I.~ 19:55 9~19~?~5~1 HF~R i CH,~JULp. CO~ PA,~E 03 EXHIBIT E OCT ~ O 2000 'aE"(T3' 193~ i8;55 94].947¢-5,~1 HF-.~,R I CHL~F'OI_~. COM P,~C~E. 84 EXHIBIT E OCT I 0 2000 EXHIBIT E OCT ~ o 2000 EXECUTIVE SUMMARY APPROVE ORDINANCE 2000-__ AMENDING ORDINANCE 97-35, THE COLLIER COUNTY CITATION ORDINANCE. OBJECTIVE: To give Code Enforcement the ability to enforce all Collier County Codes with the issuance of citations to repeat violators. The option of issuing citations has proven an effective tool in achieving more timely compliance. CONSIDERATION: Ordinance 97-35 was adopted by the Board of County Commissioners on August 5, 1997, and limited the types of violations that may warrant a citation. The citation process was initiated to address repeat violators and has proven to be very effective in obtaining compliance. Staff is proposing to include all ordinances and codes enfomed by the Department as subject to a citation. In addition, there were also some administrative matters that were omitted from the original ordinance and should be modified as part of the proposed amendment (i.e.: the designation of a revenue fund to deposit fees above those assessed by the clerk). Following are the respective changes/additions: SECTION ONE: Amendment to Section Seven, Powers and Duties of Designated Code Enforcement Officers [] Include terminology specifying all codes and/or ordinances permitted by law to be enforced; [] Remove list of specific enforceable codes subject to citation. SECTION TWO: Amendment to Section Nine, Citation and Notice to Appear Procedures [] Include terminology specifying all applicable County Codes or Ordinances permitted by law. SECTION THREE: Amendment to Section Eleven, Establishing A Schedule Of Violations, Options And Penalties, Regarding Citations And Notices To Appear Replace schedule of violations and penalties with verbiage specifying penalties as related to number of offenses; n Imposing a $5.00 administrative fee upon each violation in addition to the penalty; r~ Specifying distribution of fines collected pursuant to this ordinance. SECTION FOUR: Amendment to Section Twelve, Conflict and Severability [] Add the following language: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience; AGENDA ITEM OCT I C pg. J Remove language stating that if this Ordinance is in conflict with any other ordinance or other applicable law, the more restrictive shall apply; Insert the words 'section' and 'sentence' to the portion of the Ordinance that addresses validity and constitutional issues to read as follows: If any 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 holding shall not affect the validity of the remaining portion. SECTION FIVE: Inclusion in the Code of Laws and Ordinances. SECTION SIX: Effective Date. Replace language specifying Department of State with language specifying Secretary of State. The proposed Ordinance was presented to the Development Services Advisory Committee in March 2000. The DSAC approved the proposed changes, including the designation of a revenue fund to deposit fees above those assessed by the clerk. FISCAL IMPACT: Revenue collected as a result of this Ordinance will be deposited in the Code Enforcement Administration Fund, County Ordinance Violations. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve Ordinance 2000- No. 97-35 as recommended. __ amending Ordinance SUBMITTED BY: ., '~ t c ~ ~ Date: Michelle Edwards Arnold ,..C_.~de Enforqement Director Patrick White As~ant County Atto~ APPROVED BY: ~~ ~ Date:~--'7~0 ~incent A. Cautero, AICP Community Dev. & Env. Se~ice Division Administrator rrF. M 2000 Schedule of violations The following are violations for which citations may be issued in accordance with Ordinance 97-35. Ordinance / Section Violation Description Ord. 91-102, Sec. 2.6.7.1 Ord. 91-102 Sec. 2.6.7.3 Ord. 91-102 Sec. 2.5.15 Ord. 91-102 Sec. 2.6.11 Ord. 91-102 Sec. 2.6.7.2 Ord. 91-102 Sec. 2.5 Ord. 91-102 Sec. 2.1.15 Ord. 91-102 Sec. 2.4.5 Ord. 91-102 Sec. 2.7.6, Ord. 89-06 as amended Ord. 9147 as amended Ord. 93-77 as amended Ord. 8142 as amended Ord. 93-64 as amended Ord. 90-30 as amended Ord. 95-66 as amended Par. I & 5 Unlicensed Vehicles Commercial Vehicles Dumpsters Fences Recreational Vehicles Signs Prohibited Uses Landscaping & Buffering Site Work Without Permit Minimum Housing Code Weeds, Litter & Exotics Control Noise Occupational License Right-of-Way Solid Waste Vehicle for Hire Of the 90 plus Ordinances that Code Enforcement is expected to enforce, only 16 are citable violations. Some of the other ordinances and codes enforced by the Department that may prove to be effective towards compliance if this tool were expanded are as follows. Ordinance / Section Ord. 91-102 Sec. 2.6.20.1 Ord. 97-91 as amended Ord. 91-102 Sec. 2.6.1 Ord. 91-102 Sec. 2.6.33 Ord. 99-58 as amended Ord. 91-102 Sec. 1.5.5 Ord. 91-102 Sec. 2.6.23 Ord. 91-102 Sec. 3.10 Ord. 91-102 Sec. 3.11 Ord. 91-102 Sec. 3.14 Ord. 88-34, as amended Ord. 93-12, as amended Ord. 76-57, as amended Violation Description Home Occupation Structure Numbering Visibility at Intersections Temporary Use Permits Rental Registration Sunday Construction Noise Prohibited Animals in Residential areas Sea Turtle Protection Endangered Species Vehicle on Beach Water Restrictions News rack Public Solicitation of Contributions 5 ? 8 9 19 2O 22 23 25 2© 35 42 43 44 45 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE 97- 35, SECTION SEVEN, POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS; AMENDING SECTION NINE, CITATION AND NOTICE TO APPEAR PROCEDURES: AND AMENDING SECTION ELEVEN, ESTABLISHING A SCHEDULE OF VIOLATIONS, OPTIONS, PENALTIES, REGARDING CITATIONS ANq) NOTICES TO APPEAR, SPECIFYING THE AMOUNT OF PENALTIES FOR UNCONTESTED VIOLATIONS AND HOW MONIES FROM PENALTIES ARE TO BE DISTRIBUTED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND ~ROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitulion of the Stale of Florida authorizes Florida counties to exercise broad home rule po~'.ers: and WHEREAS, the Board of County Commissioners recognizes the need tot Code Enforcement Officers ~o haxe Ihe ability to enforce all Collier Count5 Codes b) the procedures set forth in this ordinance pursuant to the authordy xesled by Chapter 125. Fh,ida Stanacs. and Chapler I62. Part 1I. NOW, THEREFORE. BE IT ORDAINEl) BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTV. FLORIDA, that: SECTION ONE: Amendment to Section Seven, Po'sers and Duties of Designated Code Enforcement Officers of Collier County Ordinance 97-35. Section Sexen of Ordinance 97-35 is amended to read as follows, wber¢ struck-through text is deleted. and underlined text is added: 2. The fczHe'.'.ing As may otherwise be p~rrnilted by layh all Collier Count,~ codes and/or ordinances ma) be enforced by Ibe procedures set forth in this Ordinance% OCT 1 0 2000 I ~. Cs~lic: Csum_', O~i:;~nccs: Lh:cr/Exs:!z~ l©r~ No. 91 ?); Hv~sing (Or~, No. 89 2 ~); Nci~c (Or~ Nc 9~ 77); Occ~pationa~ License (~5 No ~I ~2)~ R~h: of Way (~. No. 9~ 3 for Hkc (~d. No, 95 55), azd 5;clid Wasee (Or~ N~:. ~) 4 SECTION TWO: Amendment to Section Nine, Citation and Notice to Appear Procedures, of 5 Collier County Ordinance No. 97-35. 6 Section Nine of Ordinance 97-35 is amended Io read as follows, ~here struck-through text is 7 deleled, and underlined text is added: 8 6. In the event a civil judgment is entered against a person pursuant to the provisions of this 9 ordinance. the counl) may record a ce~ified copy of said judgment in the Official records of Collier 10 County· If a person pays lhe civil ~nalty for which a civil judgmenl has ~en recorded, the clerk of 11 couNs shall notify the Collier County C~e Enforcement Department when the judgment has ~en paid· 12 Upon receipt of written ~erificafion of pasment from the clerk of courts, the head of the C~e 13 Enforcement Department. or authorized detegale, shall prepare. execute and record a satisfaction of 14 judgment aha!l 5: pt:Farad and recorded in the Official Records of Collier Counly. 15 7. The proxisions of this section ~e an additional and supplemental ~ans of enforcing county 16 c~es anWor ordinances and ma> ~ used for the enforcemere of ~ all applicable county c~e5 or ordinances 17 az cnamerat:d ab:'.~ as max N' ~dted by lax~. Nothing conlained in this ordinance shall prohibit the county 18 lrom enforcing its cc~es an&/or o~dinances b> a% other cix il. adminislradx e and/or criminal means 19 SE~ION THEE: Amendment ~o Section Eleven. Establishing A Schedule Of Violations. Options 20 And Penalties, Regarding Ci~tions And Nonces To Ap~ar. of Collier County Ordinance 97-35. 21 Section Eleven of Ordinance 9%35 is amended to read as 1ollows, xxhere struck4hrough text is 22 deleted. and underlined text is added: 23 2. Schedule of dolations and ~nalties: For uncomested xiolations cited under lifts ordinance, 24 the lollox~in~ schedule of cixil ~nalties is imposed for the co~espondin~ offense; First Offense - $105.~), 25 Second Offense -$255 (gL and Third or more Offense 26 Cadc,'Ordi::ar. c0 Is: Offcasa 2~'2 Off0n;,: [ 2rd Off:nat Unliccnzcd VcNclcz OCT 1 0 2000 2 3. The follox~ing optk)ns are available to a person ,xho has been issued a citation or notice to 3 appear in accordance ~ith tiffs ordinance: 4 a If a person elects not to contest a citation or notice to appear, the person ma! pat, the 5 appropriate civil penahy. as set forth aboxe in this ordinance. ,xithin thiri:~ (30) days from issuance of the 6 citation or notice to appear to the clerk of thc circuit coull S trial left)re he countx court. is adjudicated to ha~e commitled a xiolatkm, a cixil penairt nol to exceed fi~e 9 hundred five ($5001g)) dollars shall be imposed b! the count.', court. The count>, judge may also order the 10 xiolator Io correct the xiolation ~ithin a time certain and as rmt be specified. Court costs. legislative I1 assessnensandcoslsofprtsectaon. a asprox dedforb! a,x sha be assessed b~ the count) court 12 4 Ifa person fails to pat the tiGI penall> specified bt the schedule of penalties x~ithin the time ]3 allowed. and/or fails to request a hearing and/or appear in counI~ court to contest the citation or notice to 14 appear. the violator shall be deen'~d to have ~aixed the right to contesl the citation or notice to appear and 15 judgment shall be enlered b:, th:~ Clef!: against the person .,R:,.r- in an amount up to the maximum civil penalty, i. 16 tke amoun: of $500.{X~ per xiolation, bul not less than the amount of the penalt'~ set forth in the schedule for 17 uncontested violations 18 5. Any person who willfully refuses to sign and accept a citalion issued by a designated code 19 enforcemenl officer shall be guilty of a misdemeanor of the second degree, punishable as proxided in § 20 775.082 or § 775.083, Florida Statutes, 21 6. Unless otherwise required by law all monies required Io be paid for civil penalties, or as nm¥ ~ otherwise be awarded b5 the county court, pursuant to this ordinance v, ill be distribuled as follows: ,_, a The first $5 (~1 ol an', fine or order of the coun will be retained b~ the clerk of courts. 24 and; 3 / OCT 1 0 20O0 3 4 5 6 7 8 9 2O 22 23 24 25 27 28 29 3O 32 33 34 b All other monies paid by, and collected from. violations x~ill be remittcd to the applicable Collier County Code Enforcement Department. SECq'ION FOUR: Conflict And Severability. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public bealth, safety, welfare and convenience. If an) Section, plu'ase, 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 holding shall not affect the validity of the remaining portion. SECTION FIVE: Inclusion in the Code of Laws and Ordinances. The pro,,isions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier Count3, Florida The sections of the Ordinance may be renumbered or relettered to accomplish such, and the v~ord "Ordinance" ma~, be changed to "Section," "Article*' or any other appropriate v, ord. SECTION SIX: Effective Date. This Ordinance shall become effective upon filing this Ordinance ,x ith the Secretary of State. PASSED AND DULV ADOPTED by tile Board of Count) Commissioners of Collier County, Florida, this __ day oF 2(g}0 ATTEST: DWIGHT E BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLFER COLrNTY, FLORIDA BY: BY: Appro'.ed as to form and legal suFficienc): Patrick G White. Assistant County Attome), TIMOTHY J CONSTANTINE, CHAIRMAN 4 OCT I 0 200C EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION TO FIND THAT REDEVELOPMENT AND PLANNING ACTIVITIES ARE UNDERWAY IN THE GATEWAY TRIANGLE/ BAYSHORE COMMUNITY REDEVELOPMENT AREA AND THAT PROJECTS IN THE AREA TO BE IN CONFORMITY WITH THE COMMUNITY REDEVELOPMENT PLAN. OBJECTIVE: Adoption of this resolution will assure that future development in the Bayshore/Gateway Triangle Redevelopment Area is consistent with the goals and objectives of the Redevelopment Plan that was adopted by the Board on June 13, 2000. BACKGROUND: On January 11, 2000 the Board of County Commissioners approved a work plan and budget to proceed with implementation of the redevelopment activities within the Bayshore/Gateway Triangle and Immokalee redevelopment study areas. The work plan included the establishment of a Community Redevelopment Agency, the preparation of a Community Redevelopment Plan in accordance with Part III, Chapter 163 of the Florida Statutes, preparation and adoption of a Growth Management Plan amendment and the development of the Bayshore Drive Overlay. On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 2000-83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and Immokalee) as areas in need of redevelopment. On May 18, 2000 the Collier County Planning Commission adopted Resolution 2000-09 finding the community redevelopment plan consistent with the Collier County Growth Management Plan and recommended approval of the plan to the Community Redevelopment Agency (CRA). On May 23, 2000 the CRA approved Resolution 2000-01 adopting the Community Redevelopment Plan and recommending approval of the Plan to the Board of County Commissioners. On June 13, 2000 the Board of County Commissioners adopted Resolution 2000- 181 adopting the Community Redevelopment Plan. Since the approval of the work plan and the adoption of the Community Redevelopment Plan staff has been working on various projects that will implement the goals of redevelopment in the Bayshore/Gateway Triangle area. These projects include the drafting of the Phase I - Bayshore Drive Overlay (scheduled to be adopted in December 2000), transmittal of a Comprehensive Plan Amendment to create the Bayshore/Gateway Triangle Redevelopment Overlay (scheduled to be adopted by December 2000) and preparation for a Request For Proposals to redevelop the "mini- triangle" (scheduled to be advertised in October 2000). Staff has also included the preparation of a US41 Overlay within the redevelopment area in their FY01 Work Plan. In addition, the Community Redevelopment Plan identifies four catalyst projects to stimulate redevelopment. The four projects are: the Gateway Mini Triangle, the Flex Office Space Development within the Gateway Triangle, the Bayshore Drive Entertainment District, and the redevelopment of Gulf Gate Plaza. -1- OCT 1 0 7000 CONSIDERATIONS: The intent of this resolution is to assure that projects that are submitted for rezoning, site plan approvals, or building permits are consistent with the intent of the redevelopment projects that have been identified. Those projects not consistent with the intent of the plan or proposed overlays would not be allowed to proceed with development. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. The adoption of the Community Redevelopment Plan by the Board assisted in implementing this policy. Adoption of this resolution will further the implementation of the policy by assuring that future development is consistent with the vision identified for this area in the Community Redevelopment Plan. CCPC RECOMMENDATION: Not Applicable ENVIRONMENTAL ISSUES: Not Applicable HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution. PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION September 28, 2000 DATE REVIEWED BY: STAN LITSINGER, AICP COMPREHENSWE PLANNING MANAGER -2- DATE AGEN I OCT 1 0 2000 REVIEWED BY: BOB MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR 9, ,/ DATE APPR0~V~) BY: VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE -3- OCT 1 o 1 5 6 7 8 9 10 11 12 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA; FINDING THAT REDEVELOPMENT AND PLANNING ACTIVITIES ARE UNDERWAY IN THE GATEWAY/ BAYSHORE COMMUNITY REDEVELOPMENT AREA; REQUIRING PROJECTS IN THE AREA TO BE IN CONFORMITY WITH THE COMMUNITY REDEVELOP- MENT PLAN; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners adopted Resolution 2000-82 on 13 March 14, 2000, finding the existence of blight conditions in two areas in the 14 unincorporated area of Collier County, as more particularly described in that resolution 15 (such area being referred to herein as the "Community Redevelopment Area"); and 16 WHEREAS, a Community Redevelopment Plan as contemplated by Part Ill, 17 Chapter 163, Florida Statutes (1999), has been prepared which addresses the 18 redevelopment needs in the Community Redevelopment Area; and 19 WHEREAS, on May 18, 2000, the County's Planning Commission, as the County's Local Planning Agency for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, determined the proposed community 22 redevelopment plan is in conformity with the County's comprehensive plan for the 23 County as a whole and recommended the Board of County Commissioners approve the 24 proposed plan; and 25 WHEREAS, the Community Redevelopment Agency on June 13, 2000 approved the proposed community redevelopment plan and recommended it to the Board of 2? County Commissioners; and 28 WHEREAS, the notices required by Section 163.346, Florida Statutes (1999), ')9 have been published and mailed as required therein, and a public hearing regarding the proposed community redevelopment plan was held; and 31 WHEREAS, by Resolution No. 2000-181 adopted by the Board of County 32 Commissioners on June 13, 2000, the Board of County Commissioners approved the f--'~-'-~.community redevelopment plan for the Community Redevelopment Area and directed ~ the Community Redevelopment Agency and the staff thereof to proceed with 35 implementation of said plan, including any zoning and land use changes or supplements OCT 1 o 2000 i necessary to implement the plan and solicitation of proposals from persons to redevelop 2 selected parts of the Community Redevelopment Area; and 3 WHEREAS, it is necessary and appropriate that the Board of County ,~ Commissioners recognize and support the implementation of the Community 5 Redevelopment Plan and discourage or prevent any development within the Community 6 Redevelopment Area that is contrary to the goals and objectives of the Community '7 Redevelopment Plan and potentially detrimental to the redevelopment of the 8 Community Redevelopment Area in a timely and efficient manner. 9 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 10 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 11 SECTION 1. ~ncorporatinq Recitals, The Board of County Commissioners 12 finds, declares and determines that the matters set forth in the foregoing recitals are 13 true and correct and are incorporated herein as a part of this Resolution. 1,~ SECTION 2. Findinqs. The Board of County Commissioners finds that the 15 implementation of the Community Redevelopment Plan is actively being pursued by 16 the Community Redevelopment Agency and County staff, including active and 17 documented efforts on the part of those authorized to undertake the implementation 18 of the Community Redevelopment Plan, which in the normal course of action by the 19 Community Redevelopment Agency and the County will result in a development 20 agreements with person(s) to redevelop selected part(s) of the Community 21 Redevelopment Area and, if necessary, zoning and land use changes. The Board of 22 County Commissioners does hereby find that it is aware of such actions and they are 23 proceeding to selection of one or more developers to carry out redevelopment in the 24 Community Redevelopment Area. 25 SECTION 3. No Conflictinq Development. Based on the findings set forth in 26 Section 2, the Board of County Commissioners does hereby instruct and direct the 2? Community Redevelopment Agency and all departments of the County not to 28 approve or allow any redevelopment or development activities or projects in the 29 Community Redevelopment Area that are contrary to the goals and objectives of the 30 community redevelopment plan for that area. 2 OCT Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. SECTION 5. This Resolution adopted affer motion, second and majority vote favoring same. 5 6 DATED: '7 8 A'i-FEST: 9 DWIGHT E. BROCK, CLERK 10 11 12 13 14 15 16 17 18 19 20 21 Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN H:Davl0JResos/Gateway Bayshore 3 OCT 1 0 2000 EXECUTIVE SUMMARY V-2000-15, JAMES HOUSER OF QUAILMARK HOMES, INC., REPRESENTING EARL AND ADA ENGELMANN, REQUESTING A 3-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 20-FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES TO 17 FEET FOR PROPERTY LOCATED AT 4377 POMARINE COURT, FURTHER DESCRIBED AS LOT 65, BLOCK K, LONGSHORE LAKE UNIT 5D, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision on the request for a 3-foot after-the-fact variance from the required 20-foot rear yard setback for accessory structures to 17 feet, to allow construction to continue on a screened pool enclosure of a single family house. CONSIDERATIONS: The petitioner wishes to continue construction on a screened pool enclosure as an accessor>' to a single family home, which encroaches 3 feet into the 20-foot rear yard setback for accessory structures. The encroachment is the result of a communications thilure between the architect and the contractor. The majorit)' of the encroachment is adjacent to a stormwater lake. Due to the configuration of the lots, the adjacent homeowners will be minimally affected. A letter of objection from a neighbor across the lake was received. His primary objection was to the visual aesthetics of the pool enclosure (obstruction of view to the north). FISCAL IMPACT: Since the subject property consists o£ platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. AGENDA IT~ CCT I 0 2000 GROWTH MANAGEMENTIMPACT: 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: Staffs 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 an architect/construction error. The effects of the encroachment may be ameliorated by the stormwater take; however, there is no land-related hardship. For these reasons, Planning Services staff recommended that the CCPC forward Petition V-2000-15 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisor>' Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on September 7, 2000. The Commissioners considered the letter of objection and listened to the petitioner, who stated that this was the first variance sought by his company in the 8 years of its existence. By a vote of 6 to I the CCPC forwarded petition V-2000-15 to the Board of Zoning Appeals with a recommendation of approval. 2 PREPARED BY: RON~ALD F ."'1~ O", CURRENT PLANNING MANAGER DATE DATE PLANNING SERVICES DIRECTOR DATE APPROVED BY: j/ / VINCENT A. CAUTERO, A1CP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL $ERV1CE$ ADMINISTRATOR executive summau~V-2000-15 3 OCT t 0 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 11, 2000 SUBJECT: PETITION V-2000-15 AGENT/APPLICANT: OWNER: AGENT: Earl G. & Ada N. Engelmann 4377 Pomarine Court Naples, FL 34119 James Houser, General Contractor QuaiiMark Homes, Inc. 4500 Executive Drive, Suite 110 Naples, FL 34119 REQUESTED ACTION: The petitioner requests a 3-foot after-the-fact variance from the required 20-foot rear yard setback for accessory structures to 17 feet, to allow construction to continue on a screened pool enclosure of a single family house. The subject property is located at 4377 Pomarine Court, legally described as Lot 65, Block K, Longshore Lake, Unit 5D. AGENDA OCT 1 rj P[. '~ GEOGRAPHIC LOCATION: oo 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 3 feet into the 20-foot rear yard setback for accessory structures. The encroachment is the result of a communications failure between the architect and the contractor. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: Single family home under construction; zoned PUD Northwest - Northeast - Southeast - Southwest - Lake/drainage easement Single family lot; zoned PUD Pomafine Court 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 2.7~56.8, 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: ao 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. AGENDA ITEM OCT 1 0 2000 Pg. 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 an a rchitectJconstruction error. Go 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. The other houses in the subdivision meet the required setbacks and this house was designed to meet the 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 Longshore Lake PUD. fo 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 southwest and northeast, who may be 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.? Yes. The majority of the encroachment is adjacent to a stormwater lake, configuration of the lots the adjacent homeowners will be minimally affected. Due to the ~1;) A ~TF.M OCT ! 0 2000 Pg. 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 an architectJconstruction error. The effects of the encroachment may be ameliorated by the stormwater lake; however, there is no land-related hardship. For these reasons, Planning Services staff recommends that the CCPC forward Petition V-2000-15 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PREPARED BY: F~L_~ REISCHL SENIOR PLANNER DATE REVIEWED BY: /x~0SAN MURRAY, AICP J CHIEF PLANNER -¢000 DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE ROS/S/ELL A. BUDI~, CHAIRMAN 4 OCT t 0 2000 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR: Petition No. Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Peri,loner'sNare,: Earl G. and Ada N. Engelmann Petitioner's Address:100 Wilderness Way, &249 Naples, FL 34105 as of 5/18/00 address will be subject property Telephone: 941-435-1750 Agent's Name: Agent's Address: James Houser as General Contractor, QuailMark HorNest Inc. 4500 Executive Drive, Suite 110 Naples, FL 34119 Telephone: 941-594-0007 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 Variance Petition - 8/98 Page OCT 1 r8 Pg- C~ · Complete the following for all Association(s) affiliated with this petitk sheets i£ necessary) Name of Homeowner Association: ,,~ongshore Lake Foundation Inc. Mailing Address 11399 Phoenix Way City Naples StateFL , Zip34119 Name of Homeowner Association: Mailing Address n/a 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 PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: I.oncjsho_re Lake Unit Section 20 Twp. 48 Range 5D 26 Lot (s) 65~ Block (s) K Property I.D. # 0000056110004160 Metes & Bounds Description: N/A OCT 1 0 2,;0 Application for Variance Petition - 8/98 Page 2 ~f 8 pg' Address of Subject ProperS.: 4377 Pomarine court Naples, FL 34119 I I f different from Pet]noner's addtess ~ Current Zoning and Land use of Subject Parcel: PUP, Single Family residential Adjacent Zoning & Land Use: N S W E Lake Road Sinqle family h~ne Sinole family vacant lot Minimum Yard Requirements for Subject Property.: Front: 25 ' Comer Lot: Yes [] No [] Side: 7' Waterfront Lot:Yes [] No [] Rear: 30' building 20' pool & cage Application for Variance Petition - 8/98 OCT t 0 2000 Pag, 3, S P" /7 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 encmachrnent is necessary; how existing encroachment came to be; etc. Please see attached Application for Variance Petition - 8/98 Page 4 r8 pS., ' Please hole thal slaffand the Collier Coumy p]nnning Commission shall be guided m their recornmendat~on Io the Board of zonmg Appeals, and that the Board of zoning appeals shall be Iluided m l~ determmallon to approve or deny a variance petition by the below listed cntena (l-g). (Please address this criteria usmg additional pages if necessary..) Are there special conditions and c~rcumsmaces cxistmg which are peculiar to the location, s~ze and characteristics of the land. slrucrure. or building involved. The building abuts a lake in the rear, and is on a cul-de-sac lot with a curved rear pro~'rty line. The 20' setback is also a maintenance easement and contains an 8" main irrigation line which we have located to be 20" away from our deck at the closest point, more than adequate room for service if needed t~hind the rear property line there is still 17' to the eage of space. In our eyes this encroachment poses no hardship to anyone. Are therespecialconditionsandclrcumstances whichdonotresuit~om theacnonofthespplicant suchaspre-extstmgcondi~onsreianveto thepropenywMchis thesu~ectof~evanancerequest. Tile enroachment and subsequent petition for v~riance is directly related to an architect who no longer works for QuailMark Homes and a review process that due to a radical condition was not followed through pro~rly. Willaliteml ~te~rem~onofthepmvisionsofthiszanmgcode work urmecessa~ andundue har~pon theapplicantorc~atepmcncaldifflcul~eson theapplicant. Yes, a financial hardship related to the removal and replacement of the pool, deck, screen, and landscaping approximately $28,000 - $30,000 in addition the finished product would be a deck of inadequate size to satisfy the homeowner. Will thevanance. ifgmnted. be the mmimm'nvanancethatwillmakepossible thereasonableuseof thelan& buildingorslructurea~d w~chpromotesr~ndardmofhealth. safe~orwelfare. Yes. Since the structure is already built the 3' variance would be the minimu~ required OCT 1 0 2000 Application for Variance Petition - 8/98 Page $ ol Willg~nnng ~evanancerequestedcon~ron ~epe~oneranyspecialpnvilegethatisdemedby thesezonmg regulat~onstoo~erlands, buildmgs, orsu'uctures m ~esamezonmgd~mct. While the qrangin~ of any variance, in effect does confer a privilege on the .~titioner, we in no way sha~or form would consider this a free hand to disregard any zoning regulations Wil]grantmg ~¢vanancebe m harmony wi~ ~e mtentandpu.rposeofthiszo~ngcode, andnotbe i~unousto ~eneighborhoo& oro~erwisedemmenmlto ~epublic wel~re. In my_ opinion this variance will bear no hardship to anyone and will be completely harmonious with the intent and purpose of the zoning code. Aretherenamralcondinom orphys~cally mducedcondiaomOmta.meliorate ~egoalaand objecnvesof~eregula~onsuchasnammlp~se~es. lakes, golfcou~e, etc. The Dro~rty abuts a lake on the rear side. The edge of the wager is approximately 34' from the structure. The lake is approximately ~O' wide at this point. The property is located on a cul-de-sac with a curved rear property line. 8. Willgmntmg ~evariancebeco~tentwi~egrow~hm.-.$ementplan. Th~ v~riance will have no effect on the growth management plan Application for Variance Petition - 8/98 Page 6 ACWr. NDA ITEM .~./3f/D / OCT 1 0 2000 f8 .,. /q' VARL4NCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET.' REQUIREMENTS # or* COPIESREQUIRED 1. Completed Application I 15 X 2. Completed Owner/Agent Aft,davit, Notarized 1 x 3. Pre-application notes/minutes 15 Telephone co] ~i~h Fred Re 4. Survey of property, showing the encroachment 1 (measured in feet) X - sealed 5. Site Plan depicting the following: 15 X a) All property boundaries & dimensions copy of s~,'~ b) All existing and proposed structures (labeled as such c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for I x reference 7. Application fee, checks shall be made payable to x Collier County Board of Commissioners 8. Other Requirements- ~r erom homeowner ad~aceln, t to subject property tversation .schl AS the authonzed agent/applicant for this petition, I attest that all of the reformanon indicated on this checklist t$ mcluded in ~ subrmttat package. I understand that failure to include all necessary. submmal information may result in the delay of processing of this petition. Application for Variance Petition - 8/98 Page 7 OCT 1 0 2000 }[re/l. Earl G. and Ada N. Enqelmann 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. I~Fe/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. /Pmerty owner We/I further authorize James Houser v representative in any matters regarding this Petition. to act Signature of Property Owner Sfgnature of Pr~oerty Owner ~arl G. Engelmann r3~oed or Printed Name of Owner Ada N. Engelmann Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 5 day of Ma y 2000, by ~rlG. &A~N. B~,~al'~ who is personally known to me or has produced as identification. State of Florida County of Collier Application for Variance Petition - 8/98 (Sigt~t[re ~f I~otary Public - State of Florida9 Angela Nadelman (Print, Type, or Stamp Cornrot Name of Notary Public.) Page 8 o OCT 1 0 2000 (~UAILMARK H 0 M [ 5 Nature of Petition We hereby request that the rear pool and screen cage setback on the subject property be reduced from 20' to 17'. Due to an architectural error, and the failure on QuailMark Homes part to recognize and correct this error, the pool deck and screen cage was inadvertently built 3' into the rear pool cage setback. The architect of record on this job was working for us as a consultant and was having his associate, who is in another state produce the site plan. This architect is no longer working for us and we have since hired an in house architect who produces all phases of the drawings right in our office. The nature of the error is as follows: The floor plan was produced showing our standard size pool/deck area. The plan was then sent to the associate out of state to produce the site plan. When he realized that the pool deck would not fit, he simply shortened it on the site plan. This change did not get communicated back through the office effectively and therefore, the floor plan was not changed to coincide with the site plan. Consequently, the field supervisor being accustomed to trusting the floor plan built the house accordingly. This mistake went unnoticed until the house was completed and we submitted the final survey to the county to pick up our Certificate of Occupancy, at which time the customer service agent at the county noticed the encroachment. Another circumstance leading to our failure to recognize the problem in the beginning of this project was that I, as the general contractor usually review all plans before they go to permitting. We have built over 50 homes here in Longshore Lake, all of which fit tightly on the lots and have never had a problem. At the time that this house was being designed I was recovering from major surgery and was in the office only part time and was not in 100% condition. Although my staff did a great job keeping 15 projects going during my three-month absence, unfortunately some things were missed during this very difficult time. We feel that this encroachment bears no hardship to anyone for the following reasons: The subject property abuts a lake at the rear. Therefore, there is no conflict with another property owner. The rear pool deck setback is 20'; if reduced to 17' there will still be a substantial amount of yard space. In addition, there is another 17' plus or minus from the property line to the edge of the water making the yard approximately 34'. The lake is approximately 80' wide at this point so the homeowners across the lake surely cannot perceive the encroachment. QUAILMARK HOMES, INC. QUAIL PLAZ~ 4500 EXECUTIXrE DRI~rE SUITE 110 NAPLES. FLORID.a, 34119 TEE: 941 594 0007 F,aZK: 941 594 0009 www. Longshorelake.com A Naple~ Capital Group Company OCT 0 2OOO /? Also the property is on a cul-de-sac lot with a widely curving rear property line, therefore the view from adjacent properties would not be compromised. The property to the left is owned by one of QuailMark Homes customers who has no objection to the encroachment. The property to the right is vacant and is owned by our company. The 20' pool cage setback also includes a maintenance easement, which contains an 8' pressurized irrigation main line. We have located the pipe and it is approximately 2' away from our deck at the closest point. Which leaves plenty of room to provide for service should the need arise. The pipe is much closer to other decks in cases where it is outside of the easement. In closing, I would like to thank you for reviewing this petition and say that I hope you find in favor of granting this variance. I further would like to assure you that QuailMark Homes has put in place management controls to avoid any problems such as this in the future. Should you have any questions or comments please feel free to call me anytime at 941- 594-0007. Sincerely, ~ . Jam~s Houser General Contractor, QuailMark Homes, Inc. CGC058335 O£T 1 0 2000 May 4, 2000 Collier County Government Planning Services Department 2800 North Horseshoe Drive Naples, FL 34119 To whom it may concern: QuailMark Homes has recently advised me of a rear setback encroachment with the house built at 4377 Pomarine Court in Naples. My residence is directly adjacent to the property seeking a variance. I would like to let the county know that I have no problem with the proposed variance and would support a favorable decision. Please feel free to contact me at 593-7637 if you have any questions. Sincerely, ~ohn McDonald The foregoing instrument was acknowledged before me this McDonald who is personally known to me. Notary Public, State of Florida Date day of May, 2000 by John OCT 1" ?ann August 19, 2000 Fred Reischl, AICP Senior Planner Collier Count), Government Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Fred Reischl, AICP, I am wrinng with regard to the request for a variance by Quailmark Homes, Inc., V-2000-15, for the propert)' located at 4377 Pomafine Court, Longshore Lake, Naples, FL 34119. I ()ppose the granting of the variance for the following reasons: Longshore Lake was set up so that most of the homes had a long view of the lake in at least two directions. The propert)' In question obstructs our wew of the lake to the north; ~Xdqen our home xvas built in 1998, the pool cage protruded into the side setback hy less than 12". \Ve were granted no tolerance of the situation resulting in our builder making modifications to the cage in order to comply with the covenants after the cage was fully completed; To my untrained eye, it appears that the builder, Quailmark Homes, has infringed on the setbacks in at least cone other case, the home that is directly behind us. The trees were planted on the down slope to the lake, gwing the ~mpress~on that this cage is also too close m the lake. By grannng a variance in this c~*e will set a precedent for Quailmark Homes, as they are essentially the exclusive builder in this development, to disregard the covenants in this subdivision in ~ture building projects. I personally feel that the other builders have made honest attempts to comply. I am the homeowner at 10914 Phoenix Way, Naples, FL 34119 and this letter is in response to your letter of August 18, 2000. OCT I 0 2000 OUAI LMARK August28,2000 Fred Reischl, AICP Senior Planner Collier County Government Planning Services Department 2800 Horseshoe Drive Naples, FL 34104 Dear Mr. Reischl, In response to Mr. J. G. Kozel's leiler to you, dated August 19, 2000concerning QuailMark Homes, Inc. variance request #V-2000-15, for the property located at 4377 Pomafine Court, Longshore Lake, Naples, Florida 34119. The information below is meant to address the concerns that Mr. Kozel expressed in his letter. 1) Upon physical inspection of Mr. Kozel's property, concerning his lake view in relation to the subject properS, I cannot ascertain how the subject property is derogatory in nature to Mr. Kozel's lake view~ I would request, if possible, that personnel from your office inspect Mr. Kozel's claim of obstruction. In our eight-year history, QuaiiMark Homes, Inc. has built approximately 60 homes and has had only one administrative variance for a less than a two-inch problem. In fact, since our inception in 1992, this is the very first standard variance that QuailMark Homes has requested and we certainly anticipate that it will be our very last. As stated in the above paragraph, QuailMark Homes, Inc. has not made a habit of requesting variances. QuailMark Homes holds the utmost respect for the covenants in this subdivision and, furthermore, our record holds that statement to be true. This variance will, in no way, set a precedent for any future setback infringements. In closing, a mistake on our part has been made and we are simply following the proper procedures for correcting it. We do not feel that our customer should suffer for this mistake and have filed for a variance on their behalf. Obviously, our company intends to accept any decision that your office deems necessary. QuailMark Homes stands by its reputation and proven history as a quality homebuilder. If there is any further information that we may provide ~oncerning this variance request, please do not hesitate to contact me directly. , / RespecJfi~y Submitted, J ~ William N. Mitchell Vice President & CFO QUAILNL&RK HOMES. INC. QUAIL PL&ZA 4500 EXECUTIVE DP, JS~E SUITE 110 NAPLES. FLORIDA 34119 TEL: 941 594 0007 FAX: 941 594 0009 x~avw. Lo ngshorelake.c om .4 A~tple.~ Capital (;mup C~m*/~am / OCT 1 0 2000 ICESOLUTION NO. 2000- RELATING TO PET1TION NUMBER V-00-15, FOR AN AFTER-THE-FACT VAKIANCE ON PROPERTY HEKE1NAFTER DESCRiBED IN COLLIER COUNTY, FLOR.IDA. 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 3-foot after-the-fact variance from the required rear yard setback of 20 feet for accessory structures to 17 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafler described, and has found as a matter of fact that satisI~ctory 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-00-15, filed by James Houser, representing Earl & Ada Engelman.n, with respect to the property hereinafter described as: Lot 65, Block K, Longshore Lake Unit 5D as recorded in Plat Book 32, Pages 34 35 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 3-foot after-the-fact variance from the required rear yard setback of 20 feet for accessory structures to 17 feet as shown on the attacbed plot plan, Exhibit "A", of the PUD Zoning District wherein said properly is located, subject to the following conditions: 1, This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. OCT 2 2ZSD 2. 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. BE IT RESOLVED that this Resolution relating to Petition Number V-00-15 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: Marjorie M. Student Assistant Count) Attorney G/v-00-t5 RESOLUTIONIF RJim TIMOTHY J. CONSTANTINE, CHAIRMAN -2- CFINSUL-TECH ENG I NEER I NG, INC, Consulting Engineers Land Planners Land Surveyors 24831 Old 41 Road Phone (941) 947-0266 BONITA SPRINGS, FL. 34135 Fox (941) 947-1323 CERTIFICATE OF AUTHORIZA'hON #LB3527 -SKETCH OF BDUNDARY SURVEY- 772 LOT 66 (VACANT) CONC PADS GRAPHIC SCALE · (OCCUPI£D) DELTA = 45'45'18" ~ HYDRANT POU (11~ACT R) BB EXHIBIT "A" OCT 1 0 2O00 EXECUTIVE SUMMARY REQUEST CREEKSIDE WEST INC., TO DELAY COMMITMENT TO CONSTRUCT EAST/WEST ROAD IN CREEKSIDE COMMERCE PARK UNTIL COMPLETION OF A COUNTY UTILITY PROJECT INVOLVING THE CONSTRUCTION OF A 30-INCH SEWER FORCEMAIN. OBJECTIVE: To have the Board of County Commissioners render a decision to allow Creekside West, Inc., to postpone the construction of an east/west connector road through the Creekside Commerce Park PUD from the date established in said PUD of October 21, 2000, to a date commensurate with 60 days following an order by Collier County to commence construction to allow for the construction of a county sanitary sewer improvement. CONSIDERATIONS: The Creekside Commeme Park PUD was approved with a development commitment that a connector road be constructed through the Creekside Commerce Park PUD on or before October 21, 2000. Representatives of the company postulate that they can meet this commitment, however, it would be unwise to do so prior to the County completing its construction of a new 30 inch sewer force main, as this would require reconstruction of the road improvement following completion of the utility improvement. The reconstruction cost would have to be borne by the County as part of the utility improvement if we insist on meeting the date of the commitment for the road. The road is not essential currently and therefore, its delay will not be detrimental to the public interest. This road will have a definite public benefit when the Granada Shoppes Shopping Center comes on line. Granada Shoppes is expected to be open for business with the first phase on May 1, 2001. Pursuant to the Granada Shoppes PUD the portion of the east/west connector road lying in the Granada Shoppes PUD is required to be constructed by July 1,2001. FISCAL IMPACT: Postponement of the construction of a road through Creekside Conuneme Park will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this request will have no impact on the Collier County Growth Management Plan. OCT 1 0 2000 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of the request by Creekside West Inc., to postpone construction of an east/west connector road through the Creekside Commerce Park PUD from October 21, 2000 to a date commensurate with 60 days following an order by Collier County to commence construction of said easffwe~connector road pursuant to the provision of the Creekside Commerce Park. R LD F. NINb, AIC~3 0~. ~ ~'C~ CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVe,,: BY: VINCENT A. CAU~ERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g/admin/Ex Sum/Creekside West Inc/RN/tm DATE DATE OCT 1 o nino_r From: Sent: To: SubJect: mulhere_b Friday, September 15, 2000 9:05 AM kuck_t; nino_r FW: County 30" Force Main- Creekside Commerce Park PUD 97-11 --Original Messago From: thampi_m Sent: Wednesday, September 13, 2000 11:12 AM To: mulhere b Cc: boyer_k~rhowell~ greeley-hansen.cam' Subject: County 30" Force Main- Creekside Commerce Park PUD 97-11 Bob, You should be in receipt of a letter doted 9/11/00 from Dove Borden of Barron Collier Partnership requesting administrative relief for Creekside Commerce Pork PUb 97-11. Their PUb deadline to complete the road between Goodlette and U5 41 is October 21, 2000. Their concern seems to be that they con meet the PUb rood schedule but it will be more costly for the County to install o new 30" 5ewer Force N~ain along the new road easements after the rood is constructed. However, they could accommodate the County's completion of the 30" 5ewer FN~ by delaying the road completion. But then BC would not meet the PUb schedule of 10/21/00. Basically BC is asking for a PUb time extension using the 30" FM construction as the reason. From a construction viewpoint, it would be better to get the 30" FN~ installed first before the new rood is completed. However, BC's assumption that it will cost more if the County installs ,he 30" FN~ after the road is constructed is not totally correct. The 30" FN~ was bid with the full knowledge of the PUD schedule and designed and bid to be constructed around the completed road. 5o there is no extra cost to the County and thus doesn't impact us. The County's 30" FM bidding and construction schedule was controlled by BC's 18-month long easement negotiations. Now they wont the County to hurry up as you can see from the two e-moils below between our consultant, Greeley & Hansen, and Dove Borden. The County's 30" FN~ will be delivered on-site only around mid-October. Basically in conclusion, the 30" FN~ can constructed after the October 21st PUD deadline without any increased cost to the County. From a construction viewpoint, it would be easier if the 30"FN~ was installed before the road is completed. But we do f the PUb deadline if it is going cost the County more money because we are Page 1 ,,,~nt delay AGfNDA JTEbl ow / OCT 1 o 2000 Barron Collier's road contractor. If BC is willing accommodate o PUb delay granted at no extra cost to the County, then great. From o project construction viewpoint, a time extension would be good as long as there are no new conditions attached impacting the 30" FM. Please contact me at 774-8194 if you ne~d additional information before making decision on the PUb deadline relief requested by Barron Collier. From: Sent: To: Sub~ect: Dave. Roger HowellJSMT P :rhowell~ greeley-hansen.com] Monday, August 28, 2000 11:43 AM Dave Borden Mohan Thampi Re: Count~ 30" Force Main- Creekside We are checking with FSU on the availability of the 30" force main pipe. At this time it appears that he cannot receive delivery of the pipe until mid-October. We do not want to impede your schedule for the road construction. What is your anticipated schedule for 1) paving the road and 2) turning the road over to the County? ..... Original Message ..... From: Dave Borden <DBorden(~barroncollier.com> To: Roger Howell (E-mail) <rhowell~greeley-hansen.com>; Mohan Thampi (E-mail) <mohanthampi@colliergov. net> Cc: Christopher D. Hagan P.E. (E-mail) <cdh@johnsoneng.com> Sent: Tuesday, August 22, 2000 4:57 PM Subiect: County 30" Force Main- Creekside > Mohan and Roger, > I have further discussed the FSU schedule, for installation of the 30" force > main, with Bob Roth, our project manager, to get his update on our own > construction progress and potential project conflicts. > If we proceed as anticipated, the county may incur some extra costs as there > will be little room between the back of curb and the e~sting lakes to Dlace > the e~.avated matedHal during installation. (Possibly, the contractor will · > be filling trucks at the curb?) Also, the grading, streetlights, irrigation > and landscaping may be in place. Page 2 OCT ~ 0 2000 EXECUTIVE SUMMARY PETITION VAC 00-007 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S .ANT) THE PUBLIC'S iNTEREST iN THE PUBLIC ROAD RIGHT OF WAY LOCATED WITHIN THE ISLANDWALK DEVELOPMENT WHICH IS REFERRED TO IN CERTAIN RECORDED INSTRUMENTS, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: To approve Petition VAC 00-007 to vacate, renounce and disclaim any rights acquired in the above-described instruments conveying public road right of way CONSIDERATIONS: Petition VAC 00-007 has been received by Planning Services from Michael D Rosen, as agent for the petitioner, Harvey Brothers Farms, Inc, requesting the vacation of the above- described Public Road Right of Way. The Petitioner is unable to locate a conveyance document to Collier County other than a 'SUBJECT to an easement for public road right-of-way' statement on the Warranty Deeds recorded in O.R. Book 1119, Page 1547, O.R. Book 1122, Page 603, OR Book 791, Pages 164 and 166, OR. Book 592, Page 1480, O.R Book 195, Page 743, O.R Book 193, Page 570, and O.R Book 154, Page 110. The acceptance of this right-of-way is also questionable The Petitioner is trying to avoid a cloud on the title All development that has taken place and will take place, is and will be in accordance with the D.R1. and P.UD. Letters of no objection have been received from all pertinent agencies. Zoning is PU.D FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition ENVIRONMENTAL 1SSUES: None HISTORIC/ARCHEOLOGICAL IMPACT: None EAC RECOMMENDATION: Not applicable CCPC RECOMMENDATION: Not applicable RECOMMENDATION: That the Board of County Commissioners approve Petition VAC 00-007 for the vacation of the above-described Public Road Right of Way , adopt the corresponding Resolution and authorized the execution of the Resolution by its Chairman. OCT 1 O 2000 Executive Summary VAC-00-007, Islandwalk Development Page 2 PREPARED BY: ......... -' Russ Muller, Senior Engineer Engineering Review Services REVIEWED BY: Tho~nas E Kuck, PE., '~Eng!OeeringReview Manager RE VIEWED B Y~'x. I/~A-'~ t .... kRobe~' Mu~re, AICP ~lanning Services Department Director APPROVED BY: ~ -"~:,// f - ---/',-: ~ Vincent A Cautero, AICP, Administrator Community Development & Environmental Services DATE: DATE: DATE: ,~OaEI~A frF-~ OCT 1 o 2oPoo RESOEUTION NO. 2000 RESOLUTION FOR PETITION VAC-00-007 TO VACATE, lIENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AFFECTING THE WEST 30 FEET OF TItE W 'A OF THE SW 'A OF SECTION 34,'I'O~3, NSIIIP 48 SO[ FIt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT IHE NORTH 30 FEET AND THE SOUTH 145 FEET TIIEREOF. VVHEREAS, pursuant to Section 125 0l(t), Florida Statutes. Michael D Rosen of lsland:~.alk Dexelopment Compa%, as agent for owner Harvey Bros Farms, Inc, does hereby request the Board of Count~, Commissioners to vacate, renounce and disclaim those alleged easements for public road rights of way set forth below over and across the West 30 feet of the \V '5 of the 5\V !; of Section 34, Tox~nship 48 South, Range 26 East, Collier Counts, Florida; less and except the North 30 feet and the South 145 feet thereof. and \VI~D~EAS. the alleged easements for public road rights of way appear in WarranD Deeds recorded in the Public Records of Collier County, Florida at the following listed cilaUons Official Records Book Page 154 110 193 570 195 743 592 1480 791 164 791 166 Ill9 i547 1122 603;and \\:HEREAS, the granting of Petitioner's lequest will not adverseI~, affect tile ov, ne~ship or light ofconxenient access of other property owners, and NOW THEREFORAE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLLER COUNTY, FLORIDA that the County's easemenl interests, if any, over and across the alleged 30 foot public road right of way more particularly described in tbe above listed Warranty Deeds incorporated as if set forth herein, are hereby vacated, extinguished, renounced and disclaimed This Resolution is adopted this __ and majority vote favoring same. dayof 2000, after motion, second DATE: ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Patrick O~ Wgite Assistant Collier CounD' Attorney By: Timothy J Constantine, Chairman OCT I 0 2000 dspnMiller New Directions Ifi Planning, Design & Engineedng Description of part of Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Part of 30' Right-of-way Easement to be Abandoned) All that part of the West Y: of the Southwest % of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows; The West 30 feet of said West '/2 of the Southwest % of Section 34, Less and Except the North 30 feet and the South 145 feet thereof. Subject to easements and restrictions of record; Bearings are based on the South line of Section 34, being North 89°53'10" West. WilsonMiller, Inc. Marcbs L. Berman, Professional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed with the Professional's seal. W.O.: N0772-020-020-RSGSS REF.: 1L-270 DATE: November 22, 1999 Naples Fort Myers Sarasota Bradenton Tampa 3200BaileyLane, Suite200 Naples, Florida34105-8507 941-649-4040 ~ 941-643-5716 ~ AGENDA ? !I ~ 8 ..... ~ ~522.23' 33~ VANDERBILT BEACH ROAD (C.R, 862) ~ ~, N. g9'55'~O"W 152225' ~ SOU~H~S~ CORNER SECTION 3~ ~"'"~I SOUTH LINE SECDON 2 3 4 5 6 7 8 9 20 22 23 24 25 26 27 28 32 34 35 36 38 40 43 44 45 46 47 48 49 50 52 53 54 56 57 59 60 62 63 64 RESOLUTION NO. 2000 - RESOLUTION FOR PETITION VAC-00-007 TO VACATE, RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AFFECTING Tile WEST 30 FEET OF TItE W ½ OF THE SW ~A OF SECTION 34, TOWNSIIIP 48 SOUTIt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 30 FEET AND TIlE SOUTH 145 FEET TttEREOF. WHEREAS, pursuant to Section 12501(0, Florida Statutes, Michael D Rosen of Islandwalk Development Company, as agent for o;~.ner liarroy Bros Farms, Inc, does hereby request the Board of Count1,' Commissioners to ,.acate, renounce and disclaim those alleged easements for public road rights of way set forth below over and across ti;k West 30 feet of the W V: of the SW % of Section 34, Township 48 South. Range 26 East, Collier County, Florida; less and except the North 30 feet and the South 145 feet thereof, and WltEREAS, the alleged casements for public road rights of way appear in Warranty Deeds recorded in the Public Records of Collier County. Florida at the following listed citations Orificial Records Book Pa~ 154 II0 193 570 I95 743 592 I480 791 164 791 166 1119 1547 1122 603;and WHER. EAS, the granting of Petdioner's request will not adversely affect tile ownership or righl of corn eniem access of other propert~ owners; and NOW THEREkORE BE IP RESOLVED BY 'IH~ BOAKD OF COUNTY CON~{1SSIONERS OF COLLIER COUNTY, FLORiDA that lhe County's easement interests, if any, over and across the alleged 30 foot public road right of way more particularly described in the above listed Warranty Deeds incorporated as if set forth herein, are hereby vacated, extnlguisbed, renounced and disclaimed BE IT FURTHER RESOL\E) that lhe Clerk is herebs directed to record a certified cop} ofihP; Rc>okAi,'~! in ,i;c P'Ibli, Recolds or'Collier Cotlntv. qor da This Resolution is adopted this __ and majorily vote favoring same day of 2000, after motion, second DATE: ATTEST DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: ~atrick G"~Vhit ~ Assistant Collier County Attome5, By: Timothy J Constantine, Chairman ,, ' i o 20o Pa. ATTACHMENT C PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT] ON UNPLATTED LAND OR PLATTED LANDS, EXCEPT FOR PUBLIC ROADS Date Received: Petitioner (Owner): Harvey Bros. Farms, Inc. Address: 7373 Vanderbilt Beach Rd. Extension City/State: Naples. Florida Petition #:AV- Telephone: 362-b399 Zip Code: 34119 Agent: Michael D. Rosen, V.P., Island Walk Development Company Address: 6005 Vanderbilt Beach Road Telephone: 594-7400 City/State: Naples, Florida Zip Code: 34119 Location of Subject Property: North of Vanderbilt Beach Road within Island Walk development Location: Section 3d Township 48 South Legal Description: see attached Range 26 East Official Record Book Page(s) Reason for Request: Easement that was never used, splits Island Walk development and should be abandoned. Current Zoning: DRI/PUD density? Does this affect I Hereby Authorize Agent Above to Represent Me for Petition: Yes X No See Agency letter attached. this Signature of Petitioner (Owner) Agent Print Name Date (Title) the list of supportive materials petition, and deliver or mail to: which must accompany this Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 *(1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. HARVEY BROS. FARMS, INC. 7373 VANDERBILT BEACH ROAD EXTENSION NAPLES, FL 34119 TEL: 941-352-5399 FAX: 941-352-5397 January20, 2000 Mr Richard Grigg Engineering Survey and Mapping Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re: Abandonment of Right-of-Way Dear Mr Grig_o: This letter will confirm that Michael D. Rosen of Island Walk Development Company, lnc. is the duly authorized Agent for Harvey Bros Farms, Inc, for the purpose of acting as petitioner to Collier County to abandon an alleged road right-of-way lying in the West 30 feet of the W % of the SW ~h of Section 34, Township 48 South, Range 26 East. Harvey Bros Farms, Inc, a Maryland corporation Fred R. Harvey, President STATE OF FLORiDA COUNTY OF LEE The foregoing instrument was acknowledged before me this .~!t" day of January, 2000, by FRED R. HARVEY, President of Harvey Bros. Farms, Inc., a Maryland corporation who is personally known to me or who has produced as identifi'da~r~7 (Seal) ~qotary PublicI Printed Notary Signature MASTER P~N ISLANDWALK PREPARED C-~R SUNCO BUILDING CORPORA~N O~T 102000 ' ,.~3 ~ 34~~/AND£RBILT BEACH ROAD (C.R. 862) SOU~H~/EST CORNER $EC~ION $4 ~'~ISOUTH LINE SECTION ENGINEERING REVIEW SECTION 22 JUN 00 COLLIER COUNTY GOVERNMENT COMMUNITY 1)Ex, q~]l OPMENT ANt) ENVIRONMEN]AI~ SERVICES DIXqSION ?,~., North }t~r~c-hm. To: Mr. Mike Rosen. Vice President DiVosta and Cornpan5 6005 Vanderbilt Beach Road Naples, Fla.. 34119 Re: Letter' of No Ob ection Vacation of a 30 fi Right of \Va.x Easement Islandv. alk Dear Mr. Rosen: 1. \Ve haxe rexiex~ed lhe information submitled to us as justification for xacatine a 30 i~ easement through the lslandxxalk Subdix ision and haxe no objeclions to the x acation. lf.xou should haxe any questions. please feel free Io contact us at 40_~-.471. Start Chrzanov. ski, P.E. Senior Engineer .Iohn Boldt. P.E., ~'ater Management Director Tom Kuck. P.E.. Engineering Re,,iev, Manager Ph¢,ne ,9-11 , 403-241)0 COLLIER COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT ."via)' 17. 2000 Miciluel D. Ro~,em Vice President Di\ osta and {~(~()5 \ andclbih Beach Road Naples. FL 34119 3301 E. TAMIAM1 TRAIL NAPLES, FL 34112 (94 I) 774-8494 FAX: (941) 774-5375 A CERTIFIED BLL~ C}tlP COMMI 'N FI'Y Request h>t Vacation of Right-ol-\Vay lsland\~alk PL D Dr'at Nh Rosen: Ti:ank x,)u let ?m' letter of Ma) I I. 2000 In )ou~ letter .~ou proxidcd a legal and sketch for the xacation initiall5 requested on Ma) 3.2{~11{/. Based on the supplemental inletmarion proxidcd ~ith xom Max I I. 20{t0. letter~ this office offers no ob}oction to the xacation as requested. ads ise if)~.~ remdrc all,, further infornlalion. \'eL~ h'ul)3ours. Edx~ard J. Kant. PF. Russ Mtdi.:r. Senio~ Engineer. Engineering Rcviex~ Serx ices (v,/altachment) Je ~' Bibb\'. P.E.. Public Works Engineering Directo~ (x~/attachme ~t) File: Vacations dslandWalk PUD) Attachment as stated: Legal and Sketch COI LIER COUNTY GOVERNMENT PI'BLi( W~}RI4.%DIVI51(>x, May 8. 2000 Michael D. Rosen Divosta & Company 6005 Vanderbilt Beach Road Naples. FL 34119 3:3u1 E TAMIAMi'fRIkl_ NAPLES, FLORIDA 34li'_' 941, 7;;'2-2575 FAX: ,941, 732-2.52i5 Re: Island Walk - Vacation of the The Right-Of-Way Dear Mr. Rosen: This office has reviewed .,,'our requesl to vacate tile ahove-referenced Right-Of-Way in Island \Valk. The Collier County \Vater-$ex~ er District has no Facilities m the area and xxe, therefore. haxe no objection to the vacation of the Right-of-\Vay. Should you have any further questions. please feel free to contact me. Sincerely, Paul Mattausch, \Vater Director Joseph Cheatham, Wastewater Director Rick Grigg. Land Surveyor, Community Development g:\cindy\esmt vacation\island walk-row.dec DiVOSTA ANDCOMPANY May 3, 2000 Collier County Government Collier County Stormwater Management 3301 East Tamiami Trail Naples, Florida 34112 Attn: John H. Bolclt I--.1=., ~.S.ivl., ~;.u:[flw.~ie[' [~,~,ii~:98i~6[it Re: Island Walk-Vacation of Right of Way Dear Mr. Boldt: Please find enclosed a site plan of the Island Walk PUD/DRI approved in 1996. I have highlighted for you in red a right-of-way that will be abandoned. I would appreciate if you would review this and submit a letter to my attention "that you have no objection to the proposed vacation". Please be advised that this site plan once again, has been approved through the PUD and DRI process. If you have any questions regarding this please contact me at your convenience. Sincerely, DiVosta and Company Michael D. Rosen Vice President Enc. JIf/MR 6005 Vanderbilt Beach Road Naples, Florida 34119 Phone: 941/594-74( Fax: 941/594-71 ifi No. OCT 1 Sprint Noxember 8. 1999 Mr. Michael D. Rosen SunCo Building Corporation 6005 Vanderbilt Beach Road Naples. Florida 34119 Re: lsiand ~,\ alk A. bandomnent ol Easement Dear Mr. Rosen: In response to your inquiry of October 20. 1999. regarding the abandonmenl of the sul~ject dedicated easement. this is to adx ise that Sprint-Florida. Inc. has no objection to tile abandonment of' said easement I f,a e can pro,,ide additional information. please contact me at 263-6216. Sincetel3. hi Netv, ork Engineer II - E&C PAGE 3 MediaOne" This is Broadband. This is the 301 Tm~ er It~md hal}le~. Ft. 34113 Tclcph~mc: ~41-~32-381~1 November 1. 1999 Mr Michael D Rosen SunCo Building Corporation 6005 Vanderbilt Beach Road Naples, Florida 34119 Re Island Walk Abandonment of Easement Dear Mr Rosen: MediaOne® has no objection to the vacation of the 30 foot easement to the above referenced propert),, that exists between the West one half of the Southwest one quarter of section 34~ and section 33, Township 48 South, Range 26 East, Collier County, Florida. lfyou have any fhture concerns, please t~el flee to call me at (941)732-3801. Sincerely, Gene Howell, Construction Manager EH/fj h 0(21 1 0 2000 October 25, 1999 Sunco Building Corporation 6005 Vanderbilt Beach Road Naples, Fl. 34119 Attn: Mr. Michael D. Rosen RE: Island Walk Abandonment of Easement To whom it may concern, Florida Power and Light Company has no objection to the vacation of a platted Right- of-Way easement located along the Westerly boundary of the property described as the West 1/2 of the Southwest 1A of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Should there be anv questions regardin~ this agreement to vacate, please , Sincerely, E.L. Hartley Distribution Design Specialist / FPL Co. vriff , Iuntvr June 21. 200(I Mr. Michael D. Rosen. Vice President DiVosta and Compan.~ 6005 Vanderbilt Beach Road Naples. Florida 34119 RE: Island Walk- Vacation of Right of Way Dear Mr. Rosen: Staff has reviev, ed .','our request for a letter of"No Objection" for the abo,~e described project. The easement to be vacated is as indicated on The Preliminar.,, Master Plan tbr Island Walk attached your letter of Ma} 3, 2000 and surveyor's letter from Wilson Miller. The Sheriffs Office reviews these requests to determine if the granting oflhe vacation will have an.,,' foreseeable negative effects on our ability to provide law enforcement services to the area. These services include emergenc,~ response. patrol. and traffic enforcement. So long as the vacation. either no,a or in the future. does not in~pinge on our abiliLv to deliver these sen'ices. the Collier Count3' Sheriffs Office has "No Objection" to the granting of your request. Ifuur Agenc)can be ofalLx fullhot *c:vicc please adxise. Sincerely, Don Hunter. Sheriff Collier County. Florida DH GY:mc CC: File I__ _?-/? COLLIER COUNTY GOVERNMENT COMMUNITY DE\T2LOPMENT AND ENVIRONMENTAL SERVICES DI~,qSI()N ENGINEERING REVIEW SECTION 22 JUN 00 2500 North H(wsesh(,c [)~, Naples. Florida" ,~I To: Mr. Mike Rosen. Vice President DiVosta and Cornpan3 6005 Vanderbilt Beach Road Naples. Fla., 34119 Letter of No Ob eelion Vacation of a 30 fi Right of\Va3 Eascmenl Islandx~ alk Dear Mr. Rosen: 1. We ha,. e re,, iev, ed tile information sttbmitted 1o us as justification lbr ;acating a 30 ft easement through the lslandxxalk $ubdh ision and haxe no objections to tile vacation. If.,,ou should ha~e an3 questions. please feel free to coiltact us at 403-2471. Stall Chrzanowski. P.E. Senior Engineer John Boldt. P.E.. Water Management Director Tom Kuck. P.E.. Engineering Revie,,x Manager Phone ~941! 403-2400 Fax~941,643-6968 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 May 3. 2000 Michael D Rosen Vice President DiVOSTA and Compan5r 6005 Vanderbih Beach Road Naples, Florida 34119 RE: Island Walk Vacation of Right of~, a~r Dear Mr Rosen: I have reviex~ed your letter dated May 3. 2000 and the attached map indicating the easement running south of Islandwalk Circle to Vanderbilt Beach Road We have no o~iection to the proposed vacation of right of way If you have an.~ question please contact me at anytime Sincerely, Donald R. Peterson Fire Chief ~?~t. ND A ITEM OCT 1 c 2333 Official Receipt - Collier County Board of County Commissioner? CDPR1103 - Official Receipt Trans Numb~ D~ie . Pos~ Date . Pmt Slip ¢~ Statu~ 186341 '03/20/2000 3:32:39 PM 03/21/2000 MS-68002 POSTED ISLANDWALK DEVELOPMENTCOMPANY New or Exist: N Payor: ISLANDWALK DEV CO Fee Information Fee Code Description GL Account Amoun{ Waived 12TRVC REV ACCT/VAC EASEMENT-ROw 10116361032910000000 $1000100 T0t~l $1000.00 Payments Payment code AcCountYcheck Number CHECK 258 Amount $1000.00 Memo: Check #258 Vacation ks]and Walk VAC-00-007 Total Paid $1000.00 Cashier/location: FROLOFF_E / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT OCT 1 o 2ooo Printed:03120/2000 3:33:05 PM L "~' Pf 02'02;00 11:31 ~'941 9~B ~652 ¢0MMOXu'£ALTH --~ A)IERICA3; TITLE GeodamBcaxch.com Kesuits . _~ ..... Collier Tax & PA ]MBiHng 117373 VANDERBILT BEACH ROAD lAddtess ~,NAPLES, FL34~]~ .... {'~U,{ Leg,, ...... ~ ..... Sea.h: [Official Record~J -)- T[~.~x/PA] }~LO.~ uo Name in Off~al Rec_o_rds 'PIN; -'P0000000204480002 :.5. TRAP: j,4{B 2634 029,0003934 'Property Property Tax Assessment Znformafion (1999) Agricultural Velue: $2,400.00 j Ce{-'~. T~ xabfe i , Prope~ Tax Status (1999) '[' $33 02 $0 0C $33 02 I $33,02 i Not P"~ NO r N~ ~ Property Tax Mode of Payment ; ....... S32.D3 ., $3Z.36 $32.69 $33 02 , Tax Certificates I' No~e i Details of AdValorem & Non adValorem Tax :School State'. $12,3g ~¢hoor LOC)I. $6,23 '~ependent: ......... $L59 ' Weter-N~t: ' ~---- $135 Indepencient: $2,56 IVoter: $0 10 Millage Code: [ 363 PAG~ -- hup://www geodatasea~c.../get_col_taxpa_re~.asp?cnty=Col&pin=0000000204480002,~ 02/og/00 11:$1 9941 955 8652 COX31OXWEALTE ~ A)IERICAN TITLE ~]003.005 Geoda~.Search.com Results Yage I o: i Collier Tax & PA < -- Resize side bar for a W ! D E K view Owner ~ Prope~ Znformatlon Name' ~HARV~ BROS FA~. $ ~ilin9 7373 VANDERBILT BEACH ~OAD Search: [Ofq._._~i._~l ~.e_c. ords.~ -I- [Tax/PAl Property Tax AsSessment Informration (19991 Proper~W Tax Status ( 1999 ) m $33 02 $0.00 $33 02 535.02 Not Pamd [ No N0 m Property Tax Mode of Payment Details of AdValorem & Non AdValorem T~x School Local: I= ' $6,23' '- :ity: { '$0.00 Dependent: ---=L $ ~'5~'~ -- Nater-Mgt $1.35 )Independent $2.85 Millage Co0e:[36] _ ovq ht~//v~ww~g~da~as~arc~.~/get-c~-taxpa-rec~asp?cnb~C~&pin=~2~444~&refn~ 02'o2.,00 11:3: ~'941 9~5 s6s2 G¢odamSea~ch corn ResuJ, ts C 05L"4OSU'EALTH --~.~ A~ERICA.X' TITLE Collier Tax & PA Eft Tax/PA: < -- Resize $1Me bar for a W I D r ~ view O~ner · Pro~ Infoe~a~on _ ~ARVEY EROS ~ARHS Nedrag ~7373 VANDERBILT BEACH ROAD E~ Address: ~A~LES, F~34119 Lo~k qp_tiame m O_fflci~s i~0000002040~0002 ] Property Tax Status Prope~ Tax Mode of Payment $2,771,63 $2,80050 $2,82937 $2,858,2~ 52,~g7 i: Tax Certificates Details of AdValorem ~ Non AdValorem Tix ~'choo J ~tate, $i,0~3,49 ...... ~ $o,oo ~en~ent ~ $I39,01 m Watee~g:: __ $117.9~ P^O 3 q hrt~://ww~ge~data~earc~/get-c~-taxpa-rec~as~cn~=C~&pin=~2~4~4~2&re~ OCT J ? 2/1/00 ANNE SHARP, an unremarried widow TEN A~D NO~100 DOLLARS $10.00 ...................................... The South 1/2 of the SE 1/4 of the SE 1/4 of Section 34, Township 48 South, Rang3 26 East; SUBJECT to existing restrictions and reservations of record; and SUBJECT to an easement for public road R/W over and across the South 30 feet thereof; and EXCEPTING the East 100 feet thereof previously conveyed for highway -ight-of-way. The S 1/2 of the SW 1/4 Of the BE 1/4 of Section 34, Townsh{p 48 South, Range 26 East; SUBJECT TO existing restrictions and reservations of record: SUBJECT to an easement for public road R/W 'over and across the Nest 30 feet thereof and the South 30 feet thereof. The SW 1/4 of the SW 1/4 of Section 34, Township 48 South, Range 26 East, SUBJECT to an easement for public road right-of way over and across the West 30 feet thereof and the South 30 feet thereof. The S 1/2 of the SE 1/4 of the BW 1/4 .f Section 34, Township 48 South, Range 26 East: SUBJECT to existing restrictions and reservations of record; and subject to an easement for public road right of way over and across the East 30 feet thereof and the SoJth 30 feet thereof. AGENOA ITEM OCT 1 O 2000 PAGES I~A~LDS, r-LO?JDA 33940 · ~ C~TATE o. FLOP 0~ OCT I o 2000 PAC~ ~- O~ /e PAGES The South half of the Northwest quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, and SUBOECT to an easement for public road right- of-way over and across the West 30 feet thereof. *This is vacant and unimproved real estate and has ~[.one of ~e characteristics of homestead property. , ......... '"45' 7 :'n .~ ~':~ an W. F. Lynne u,hM...~4572 22nd Place S.W., Naples, Florida 33%2 quarter of Section 34, To~htp 48 Soutit, Range 26 East. Collier County, Florida, and SUBJECT to an easemeut for public road right-of-way over and acrosa the West 30 feet thereof. GP~OR f~,rther warrants that the within described property is not homestead property and that his legal address is: ~ I ..... ~..-!,./ /.~/~ , r~ ...... /~- ,- q~tI$ CORILECTIVE WARiLMITY DEED is being recorded to re[leer the Grantees correct State of Incorporation. W. F. LYNNE t~85. R.M.Vogel, Atto~ey at ~w, 3936 Tg~iami Tr~tl N... Suite A, Naples, Flosida 33940 Preparation Only Without Opinion. ',;' ,~- ~ 2000 Rodney F. ~uer and ~anda B, ~uer, hus~"Jd and wife .~/d,.,, ~,, 4572 2~nd Avenu. The North half of the Northwest quarter of the Southwest quarter of Section 34, To%n~ship 48 South, Range 26 East, Collier County, Florida; and SUBJECT to an easement for public road right- of-way over and across the North 30 feet thereof and the West 30 feet thereof, Rodney F. Lau~r and Amanda B. Lauer, husband and wife My Co~ission Expires ~ .... ~ 17.~ /,,~m, ' f~F~,ml ;~- Steve L. Hendricks , Vice Pres. OCT I O 2000 Pg. %~HIS CORRECTIVE W~dtR~' DEED is being recorded to reflect the Grantees correct State of Incorporation. j!::]'.J, }ODNEY F. LAUER and A~DA B. I0kUER, husband and wife v. :$85 · a.,.vogel. gtto~ey at~aw. J~g T~i~i Trail Suite A, Naples, Florida 33940 · , '..; Preparation ~ly Without Opinion. ~,.~ ~/bz ~/o7~g .................. EXECUTIVE SUMMARY PETITION VAC 00-015 TO VACATE THE 10' DRAINAGE EASEMENT RECORDED IN O.R. BOOK 915, PAGE 521, PUBLlC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 12.5' DRAINAGE EASEMENT. LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described 10' Drainage Easement and to accep! a 12.5' Drainage Easement. CONSIDERATIONS: Petition VAC 00-015 has been received by the Planning Services Department from Young, van Assenderp, Varnadoe & Anderson, P.A., as agents for the petitioner, Westgroup La Playa, LLC. a limited undivided fifty percent interest, requesting the vacation of the above-described 10' Drainage Easement to accommodate construction of a parking garage and hotel expansion. They arc also requesting that Collier County accept a 12.5' Drainage Easement as a relocated easement. Letter of no objection have been received from Stormwater Management and Engineering Review. Zoning RT. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's coast of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: HISTORIC/ARCHEOLOGICAL 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. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-015 for the vacation of the above-described 10' Drainage Easement; and 2. Approve and accept the located 12.5' Drainage Easement: and 3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to record the 12,5' Drainage Easement documents individually. 2000 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat of Conner's Vanderbilt Beach Estates Unit No. 1, Plat Book 3, Pages 8 and 9. PREPARED BY RUSS MULLER, SENIOR ENGINEER PLANNING SERVICES DATE REVIEWED BY: THOMAS E. KUCK, P.E. E~INEERING REVIEW MANAGER ~"OD~kT ~MULHERE, A1CP PLANNING SERVICES DEPARTMENI DIRECTOR APPROVED BY: ~ Y-.,~ .; /. ,i'~-~ , VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE EX SkiMMARY/ APag_NDA ITEM OCT i 2000 RESOLU I'10N NO. O0 RESOLUTION FOR PETIlION VAC U[)-[/15 l'O VACATE THE IU* DRAINAGE EASEMENT [>.E£ORDED[NOR BOOK 915. PAGE 521. PUBLICRECOI~,DSDI COLLIER (OUNqW, FLORIDA, ANI) 10 ACCEPT A 12 5' DRAINAGE EASEMENT LOCATED IN SECIION 29. qOWNSIIIP 48 SOU'IlL RANGE 2* 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TIMOTHY J CONS1ANIINE Chairman AG~NOA 1i'-~3 OCT 1 0 2000 WilsonMiller New Directions In Planning, Design & Engineering Description of a portion of Lot 26 Connor's Unit No. I Vaederbilt Beach Estates Plat Book 3, Pages 8 and 9 Collier County, Florida (10' Wide Drainage Easement to be Extinguished) An easement for drainage purposes 10 feet wide lying 5 feet on each side of the following described line; Commencing at the Northwest comer of Lot 26, Block B, Connor's Unit No. I Vanderbilt Beach Estates, as recorded in Plat Book 3 pages 8 & 9 of the Public Records of Collier County, Florida; thence 32.00 feet alo~g the arc of a circular curve concave to the West, radius 31,770 fe'et, chord bearing South 10o57'42" East 32.00 feet for a PLACE OF BEGINNING; thehce North 78053'00" East 186.14 feet to the East line of said Lot 26 and the PLACE OF ENDING. Subject to easements and resU-ictious of record. Easement contains 1883 square feet more or less. Bearings are based on the south line of LOt 26, Counor's Unit No. I Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9, Collier County, Florida being North 79°09'40" East. Not Valid unless embossed with the Professional's seal. Certificate of authorization #LB43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, PSI¢I 4650 Ref. 1L-312 W.O.: N0308-003-004 Date: July 17, 2000 Naples Fort Myers Sarasota Bradenton Tampa 3200 Ba~ley Lane Suite200 Nap/es, Florida3419&8507 941-649-4040 ~ 941-643-5716 ~ AGENOA ITEM OCT 1 0 2000 vAi,,!oEtRBtL T LACO0~I sHORE oRIVE Cf?,FI~iCt_tT oF WAY WilsonMiller New D~rection$ in Planning, Design & Engineering Description of a portion of Lot 26 Connor's Unit No. 1 Vanderbilt Beach Estates Plat Book 3, Pages 8 and 9 Collier County, Florida (12.5' Wide Drainage Easement) A 12.5 foot wide easement for drainage purposes lying on, over and across a portion of Lot 26, Connor's Unit No. 1 Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9, Collier County, Florida, being more particularly described as follows: Commencing at the southwest comer of said Lot 26; thence along the easterly Right-of-way line of Gulf Shore Drive northerly 73.24 feet along the arc of a circular curve concave westerly, having a radius of 31770.00 feet, through a central angle of 00°07'55" and being subtended by a chord which bears North 10°53'06TM West 73.24 feet to a point on the northerly line of a 10' wide drainage easement as recorded in Official Record Book 915 page 521 also being the Point of Beginning of the parcel herein described; thence along said line North 78°53'00" East 15.71 feet; thence South 17°04'29" East 58.01 feet; thence North 79°59'52" East 177.67 feet to a point on the easterly line of said Lot 26; thence southeasterly 12.52 feet along the arc of a circular curve concave westerly, having a radius of 200.00' through a central angle of 03°35'10" and being subtended by a chord which bears South 12°49'15" East 12.52 feet; thence leaving said line South 79°59'52" West 189.33 feet; thence North 17004'29" West 57.79 feet; thence South 78°53'00" West 4.44 feet to a point on the easterly right-of-way Iine of Gulf Shore Drive; thence along said right-of-way line northerly 12.50 feet along the arc of a circular curve concave westerly, having a radius of 31770.00 feet, through a cenu'al angle of 00°01 '21" and being subtended by a chord which bears North 10°57'48" West 12.50 to the Point of Begirming of the easement herein described; Subject to easements and resU'ictions of record. Easement contains 3145 square feet more or less. Bearings are based on the south line of Lot 26, Connor's Unit No. I Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9, Collier County, Florida being North 79009'40" East. Not Valid unless embossed with the Professional's seal. Certificate of authorization #LB--43. W1LSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, P/SM 4~50 Revised: 9-6-00 Ref. 1L-31-2 W.O.: N0308-003-004 Date: July 17, 2000 r Naples Fort Myers Sarasota Bradentoo Tampa 3200 Bariey Lane, Suite 200 Naples, Florida34105-8507 941-649-4040 ~' 941-64,3'-5716 ~ AGENOA ITEM OCT 1 0 2000 ~ULFRiOHT OF W^¥ YOUNG, 'VAN ASSENDERP, VARNADOE ~: ANDERSON, P. A. ATTORNEYS AT LAW August9,2000 DANIEL H COX TIMOTHY S. FRANKLIN Naples Collier County Board of Count)' Commissioners 3301 Tamiami Trail Naples, FL 34112 RE: Conve) anc¢ of Easement over Portions of Lot 26. Block B, Conner's Vanderbilt Beach Estates. Unit No. 1. according to the map or plat thereof as recorded in Plat Book 3. Page 8, Public Records of Collier Count)', Florida. Dear Counb' Commission: In conjunction with the conveyance of a drainage easement in favor of Collier County. we have been asked to render an opinion with respect to the record title holder of the lands that will be subject to the easement, described as follows: Portions of Lot 26, Block B, Conner's Vanderbih Beach Estates, Unit No. 1, according to the map or plat thereof as recorded in Plat Book 3. Page 8. Public Records of CDIlier County. Florida. This opinion is furnished to you by us as counsel for Halstatt Pannership, is solely for )'our benefit, and is rendered solely in connection with the transaction to which this opinion relates. This opinion may be relied upon only in connection with this transaction and may not be relied upon by any other person[s] without our prior written consent. Except as otherwise stated herein, in rendering this opinion, we have relied, with your approval, as to factual matters that affect our opinion, solely on our examination of Owner's Title Policy Number SDC 352405, dated January 20, 2000, issued by Old Republic National Title Insurance Company, which insures title to the property and additional properties, and the Title Search Showing Ownership and Encumbrances issued by Attorneys' Title Insurance Fund, Inc. on August 2, 2000, and bearing Fund File Number 64-2000-5388, covering the dates January 20, 2000 through July 25, 2000. We have made no independent verification of the facts contained in these documents. AGENJ:)A ITEM 0CT 1 o 2ooo Based solely on our review of the above referenced documents. the apparent record owner of the real property described herein is the Halstart Partnership, a general partnership. and Westgroup La Playa, LLC. a Florida limited liability company. as tenants in common, each as to an undivided fifty percent (50%) interest (the "Owner"). The Owner acquired title to the subject real property by Special Warranty Deed recorded January 19. 2000, at Official Records 2632, Page 1710, Public Records of Collier County, Florida. The subject real property is not encumbered of record, nor is it the subject of any financing statement filed in the Public Records of Collier Count>', Florida, except as follows: Easements and other maners as shown on the recorded plat of Conner's Vanderbilt Beach Estates, Unit No. 1, a subdivision according to the plat thereof as recorded in Plat Book 3, Pages 8 and 9, and as replatted in Plat Book 3. Page 18, all in the Public Records of Collier County. Florida. Final Order establishing Collier County Water District #7. as recorded in Official Records 282, Page 976. said agreement amended in Official Records 586, Page 1610. all in the Public Records of Collier County, Florida. Ordinance Number 75-20, recorded May 19, 1975, in Official Records 619, Pages 1177 through 1181. inclusive, regulating the installation of water distribution and wastewater collection systems; Ordinance Number 75-21 recorded May 19, 1975. in Official Records 619. Pages 1182 through 1190. inclusive. protecting certain trees and requiring a permit prior to removal of such trees, and Ordinance Number 75-24. recorded May 19.1975. in Official Records 619. Pages I 191 through 1381. inclusive. establishing zoning ordinances for the Coastal Area Planning Commission, all in the Public Records of Collier Count>', Florida. Resolution establishing the Immokalee Area Planning District and declaring the 1976, in Official Records 649, Page 1239, Public Records of Collier County, Florida. Drainage Easement dated February 23. 1981, granted to Collier County, Florida. and recorded April 22, 198 I, by instrumem recorded in Official Records 915, Page 521, Public Records of Collier County. Florida. (Said easement being the subject of the Petition to Vacate Easement with which the Grant of Easement giving rise to this Opinion is given in conjunction.) Certification of Department of Natural Resources Administrative Rules Filed with the Department of State, as recorded June 29, 1989, in Official Records 1452, Page 258, of the Public Records of Collier County, Florida, incorporating eleven pages of exhibits filed on June 29, 1989. in Coastal Setback Line Book 1, Pages 26 through 36, inclusive, of the Public Records of Collier County, Florida. I02000 Temporary Beach Restoration Easement in favor of Collier County, Florida dated June 29, 1995, and recorded July 12, 1995 at Official Records 2078 Page 185. Pub c Records of Collier County, Florida. Outstanding Oil, Gas and Mineral Rights of record. Mortgage Deed and Security Agreement to Gulf Coast National Bank, a national banking association, as agent for itself and Bankatlantic, a federal savings bank, recorded in Official Records 2632, Page 1713, as amended and restated by that Amended and Restated Mortgage Deed and Security Agreement recorded in Official Records 2632, Page 3036, all in the Public Records of Collier County, Florida. Assignment of Leases. Rents and Profits to Gulf Coast National Bank, a national banking association, as agent for itself and Bankatlantic, a federal savings bank, recorded in Official Records 2632, Page 1746, as amended and restated by that Amended and Restated Assignment of Rents. Leases and Deposits recorded in Official Records 2632, Page 3075, all in the Public Records of Collier County. Florida. UCC Financing Statement to Gulf Coast National Bank. a national banking association, recorded at Official Records 2632, Page 1765, Public Records of Collier County, Florida. UCC Financing Statement to Gulf Coast National Bank. a national banking association, recorded at Official Records 2632 Page 1771, Public Records of Collier County, Florida. UCC Financing Statement to Gulf Coast National Bank. a national banking association, recorded at Official Records 2632, Page 3( '7, Public Records of Collier County,, Florida. UCC Financing Statement to Gulf Coast National Bank, a national banking association, recorded at Official Records 26.32, Page 3103, Public Records of Collier County, Florida. Notice of Commencement recorded July 21, 2000. at Official Records 2701, Page 1653, Public Records of Collier County, Florida. Any rights of the United States Government arising by reason of the United States Government's control over navigable waters in the interest of navigation and commerce to any of the property herein described comprising artificially filled lands in what was formerly navigable waters. Potential claims by the State of Florida by right of sovereignty to any portion of the lands, including submerged, filled, and artificially exposed lands and lands c:::~dc-,,a~A Im~ OCT 1 2000 to such lands. r. Riparian rights and littoral rights, if any, incident to the land. The foregoing information is true and correct.as of July 25, 21)00. Sincerely yours, YOUNG, VAN ASSENDERP, VARNADOE ~,)~, ~.~k,.]/~& ,A4~DERSON, P.A. Daniel H. Cox G:\users dhc\dph',La Pla~a Eascmcn~ Mod',Opinion Letler ~pd OCT 1 0 2000 This instrument prepared by: Daniel H. Cox, Esquire David P Hopstetter, Esquire Young, van Assenderp, Vamadoe and Anderson, P.A. 801 Laurel Oak Drive, Suite 30o Naples, FL 34108 AGREEMENT TO iNDEMNIFY This agreement to indemnify is entered into by and between Halstatt Partnership, a Florida general partnership ("Halstatt"), and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, Florida, a political subdivision of the state of Florida ("County"), on this the ~t'day of September, 2000. RECITALS Halstatt is one of the owners of real property in Collier County, Florida, more particularly described as Lot 26, Block B, Connor's Vanderbilt Estates, Unit 1, according to the plat thereof as recorded in Plat Book 3, Page 8, Public Records of Collier County, Florida (the "Property")~ The Property is currently encumbered by a drainage easement in favor of the Count3,, recorded at Official Records 915, Page 521, Public Records of Collier County, Florida. Halstatt has petitioned the County to vacate the above referenced easement, and in its place accept a replacement easement, which will also be located on the Property. The Property is the subject o£a Notice of Commencement dated July 21, 2000, and recorded at Official Records 270I, Page 1653, Public Records of Collier County, Florida (the "Notice of Commencement"). County is unwilling to accept title to the replacement easement without some assurance from Halstart that any interest in a third party arising from the Notice of Commencement will not affect the County's interest in the replacement easement. NOW THEREFORE, for and in consideration of ten dollars and other good and valuable consideration paid one to the other, the receipt and adequacy of which are hereby conclusively acknowledged, Halstatt and the County agree as follows: Halstatt hereby undertakes to indemnify and save harmless County from any claims, demands, costs or judgments against County arising from the rights of others to claim lien priority against the Property or any portion thereof, pursuant to the Notice of Commencement. OCT 1 0 2000 ,,,._ The indemnity provided for by this agreement will extend from the date of this agreement to and including one year from the date of filing of the Notice of Commencement, or until Halstart has received a final contractor's affidavit and final releases of liens from all panics entitled to claim a lien against the property, as provided in Section 713.20, Fla. Stat., whichever shall be first to occur. County agrees to give Halstatt written notice of any claim of lien filed against the Property within ten days of County's knowledge that a claim has been filed. Within 30 days of receipt of the written notice of any claim of lien, Halstatt shall, at its expense and in its sole discretion, either: (1) (2) (3) Cause the lien to be discharged of record pursuant to Section 713.21, Fla. Stat.; Transfer the claim of lien to other security pursuant to Section 713.24, Fla. Stat.; or Cause to be entered a Notice of Contest of Lien pursuant to Section 713.22, Fla. Stat., and proceed to defend the Property against the claim of lien in the event suit is filed to enforce the lien within the time periods provided in said statute. Halstatt shall, through its attorneys, defend against any claim of lien, on its behalf and on behalf of the County, the County agreeing in advance to execute any necessary written waiver of conflict of interest in favor of Halstatt's attorneys. Should Halstatt fail to take the actions specified in Section D herein, County may take such action as it feels necessary to protect its interest in the Property, including but not limited to, defending against the claim of lien in an action in the court of appropriate jurisdiction. Should County undertake to defend against the claim of lien, County may undertake to enter into a settlement agreement with the lienor, only upon the prior written If County, in the enforcement of any part of this agreement, or as a result of Halstatt's failure to take the actions provided in Section D herein, incurs necessary expenses or becomes obligated to pay attorneys' fees or court costs, Halstatt agrees to reimburse County for such expenses, fees or costs within 30 days of receipt of written notice from County of the incurring of such expenses, fees or costs. This agreement shall be binding on Halstart, the County, and each parties respective successors or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first stated above. OCT I 0 2000 Signed, sealed and delivered In the presence of: Witn JI&kOMAS L. TREADWl:1!~ JR. Witnes]~lSHA ~ ~ THE HALSTATT PARTNERSHIP, a Flo)'~ g~.e~l.p.,'~tnership. / /~a~'i M~r~elli, Administra ~.~'gent PrintName STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~)~ day September, 2000, by Paul Mar/nelli, as Administrative Agent of The Halstatt Partnership, a Florida general pannership, on behalf of the pannership. He is personally known to me. (Seal) Printed Name My Commission Expires: OCT 1 o 2000 Sent By: YWA; 941 597 I060; Aug-2-00 4;24PU; Page 12/15 JOINDER AND CONSENT TO GRANT OF EASEMENT The undersigned olYlcer of BANKATLANTIC, a fedcrai savings bank. being the o'~er and holder of that certain morlgagc recorded in Official Records 2632. Page 1 ? 13. oFthc Public Records of Collier County, FIorida,~'hich mortgage encumbers the land described in the foregoing Grant of Easement, hereby joins in and consents to the :,.aid Grant. The joinder by the undersigned shall be construed to bca subordination of the lien referenced herein to the easement granted. but in no other manner shall it affec! the priority of the lien of the undersigned's mortgage or the terms fllereof. · ~ *as amended and restated by that Amended and Executed this_~_ day of Augnst, 2000. Restated Mortgage recorded in O.R. Book 2632, page 3036, Public Records of Collier County, FL Slimed, sealed and delivered in thc presence of: BANKATI,ANTIC, a federal savings bank STATE OF FLORIDA COUNTY OF /~ 'lhe fore~goi~n~ instrumenl ~as aeknow, le~d~ed bef0~ me ~s ~ day of AuSuSt, 2000, by Signat~e of ~d~r~ Name of Not~' Printed, Typed or My Co~ission j" or ,~.,,o JUNE 2,~0~ OCT 1 O 2000 P~. JOINDER AND CONSENT TO GRANT OF EASEMENT The undersigned officer of Gulf Coast National Bank. a national banking association. being the owner and holder of that certain mortgage recorded in Official Records 2632, Page 1713. of the Public Records of Collier County, Florida, as amended and restated by that Amended and Restated Mortgage recorded in Official Records 2632. Page 3036~ of the Public Records of Collier Comity. Florida. which mortgage encumbers the land described in the foregoing Grant of Easement. hereby joins in and consents to the said Grant. The joinder by the undersigned shall be construed to be a subordination of the lien referenced herein to the easement granted. but in no other manner shall it at'feet the priority of the lien oflhe undersigned's mortgage or the ternis thereof. Executed this ~Z~ay of August. 2000. Signed, sealed and delivered in the presence of: Signature GULF COAST NATIONAL BANK, national banking association STATE OF FLORIDA CO1 iNTY OF The foregoing instrument was acknowledged before me this 4~d'~ay of August. 2000. by -,\~_A"'C~ ~,1 't ~\'~,~',r%~ , as ~::~'~,~ C~er'Y~_, of Gulf Coast National Bank. a national'~anking association, on behalf of the bank. He/rO~ is p~r. sonally known to me or has produced as identification. (Affix Seal) --- Signat~e-c~tar..- T Name of Notary Prin~Mt, Typed or Stamped My Commission Expires: c AC~r_3qOA ITDd OCT i 0 This instrument was prepared by and should be returned to: David P. Hopstetler, Esq. Daniel H. Cox, Esq. Young. van Assenderp, Vamadoe & Anderson. P.A. 801 Laurel Oak. Drive, Suite 300 Naples, Florida 34108 (941)597-2814 GRANT OF EASEMENT This Grant of Easement, given this ? day of August, 2000. b) and between The Halstart Partnership. a Florida general partnership, and Westgroup LLC, a Florida limited liability company (collectively and singly "Grantor") whose address is 2600 Golden Gate Parkway. Suite 200. Naples. FL 34105. to Collier County. Florida. a political subdivision of the State of Florida, its successors and assigns ("Grantee"), whose mailing address is 3301 Tamtaint Trail East, Naples, FL 34112. WITNES SETH: That the Grantor for and in consideration of the sum of $1.00 and other good and valuable consideration. the receipt and adequacy of which are hereby conclusively acknowledged, hereby grants unto the Grantee a non-exclusive easement, license and privilege to enter upon and to install and maintain drainage facilities located under and beneath the following described lands being located in Collier County, Florida, to wit: See Exhibit "A" Attached hereto and hereby incorporated by reference. SUBJECT HOWEVER, to an)' adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands. including submerged. filled. and artificially exposed lands and lands accreted to such lands. property described above belonging to Grantor lbr the purpose of maintaining the drainage easement in usable condition at all reasonable times. and upon reasonable notice to Grantor. Provided however, that Grantee shall repair any damage to Grantor's propert), caused by Grantee in the exercise of said right, and shall return Grantoffs propert)' to the same condition as existed prior to the exercise of Grantee's rights hereunder. The requirement for reasonable notice is hereby waived in the event Grantee's entry is occasioned by an emergency. Notice, when required to be given hereunder, shall be given to the managing entity of Grantor. The managing entity has the right to delay entry, for non-emergency purposes, for good cause, which is hereby defined to include planned events on the property that conflict with the time proposed for entry. Page 1 of 8 Grantee's execution of this document evidences its acceptance of the easement granted herein for public purposes. This Grant of Easement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. In Witness Whereof. the Grantor has caused these presents to be executed this the~ day of August. 2000. Signed, sealed and delivered In the presence of: THE HALSTATT PARTNERSHIP, a Florida general partnership Witn_~e_s5 t5 Witness u:~.~,, R, SUJOR Print Name S'fATE OF COUNTY BY: LLOYD G. HENDRY, HAROLD S LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982,j.P;~N E R. LL~)YD ~. HENDR;f. as Tru-stee~' The foregoing instrument was ackmowledged before me this "~day ot('-~{ X=L ,~,x.~ , 2000. LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as conrimmed by Agreement of Termination of Trusteeship dated June 7, 1982. in his capacity as a general panner of The Halstall Partnership. a Florida general partnership, on behalf of the partner, who is personally known to me and who did take an oath. (Seal) Notary, Public u£NA R, SOTOR My Commission Expires: 55-[ (~ -2 ~ ~.% Page 2 of 8 Signed. sealed and delivered In the presence of: THE HALSTATT PARTNERSHIP, a Florida general pannership BY: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. Wireess D' O' Irene Nakoneczny J oanf~e Mentz Print Name HAROLD S. LYNTON, as T~stee STATE OF NEW YORK LOUNI Y Ot. rqg~ The foregoing instrument was ac ~knowledged before me this 8th day of August .2000, by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, in his capacity as a general partner of The Halstatt Pannership, a Florida general partnership, on behalf of the partner. who is personally known to me and who did take an oath. (Seal) JOANNE MENTZ NOTARY PUBLIC, State of New York No, 41-4821399 Qualified in Queene County Commission Expires November 30,"~ ~---' / Page 3 of 8 My G/ommission Expires: Signed, sealed and delivered In the presence of: THE HALSTATT PARTNERSHIP, a Florida general partnership BY: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. ~I~IET C. SPROUL. as~i'rustee JERRI£ L $H£F'PARp Witness Print Name STATE OF COUNTY OF ~-~/--if-.- / ~- ~ The foregoing instrument was acknowledged before me this~ day of ~ ~ .2000, by JULIET C. SPROUL, AS TRUSTEE, tbr Editoilier Sproul ~mst under A~eement dated December 29, 1969. ~d as confi~ed by Agreement of Te~ination of Trusteeship dated J~e 7, 1982, in her capacid' ~ a general p~ner of The Halsta~ P~nership, a Florida general p~nership, on behalf of the pruner, ~ho ~!,personall7 ~o~ to me,~d who did t~e an oath. Notary Public My Commission Expires: Page 4 of 8 A~.NOA ITEM Signed, sealed and delivered In the presence of: THE HALSTATT PARTNERSHIP, a Florida general pannership Print Name By: HAROLD S. L~TON, KATHERINE G. SPROUL, and JULIET C. SPROUL, as Trustees for JULIET C. SPROUL under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probated Records of Collier County, Florida, PARTNER. HAROLD S. LSqqTON, as~rustee STATE OF NEW YORK COL~TY OF NEW YOP,_K HAROLD S. LYNTON, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr. deceased, and as conrimmed by Change of trustees dated June 15, 1993, and filed June 22, 1993 in Probate No. 76-33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of said Florida Partnership, who is personally ~known to me. (Seal) No JaZZy Public Ms~-Commission Expires: JOANNE MENTZ NOTARY PUBLIC, State of New York No. 41-4821399 Quarifled in Queens County Commission Expires November 30, Page 5 of 8 Signed. sealed and delivered In the presence of: THE HALSTATT PARTNERSHIP, a Florida general pannership ~:J~ess JERRIE L SHEPPARD WitnesSrHOMAS L. TREADWELL, Prim Name By: HAROLD S. LYNTON, KATHERINE G. SPROUL. and JULIET C. SPROUL. as Trustees for JULIET C. SPROUL under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993. and filed June 22.1093. in Probate No. 76-33, of the Probated Records of Collier County. Florida. PARTNER. KATHERINE O. ~PROUIL, as T~stee STATE OF ~-.0~1 D4 COUNTY OF o.~e foregoing instrument was acknowledged before me this~ day of q~c, oJ- ? 2000, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the 04ili of Barron Collier, Jr. deceased, and as confirmed by Change of trustees dated June 15. 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of said Florida Partnership, who is personally known to me and who did take an oath. Notary Public ~'O$~}KJ /-. My Commission Expires: ¥ p ' OFFICIAL NOTARY SEAL I~ ~ ~" C0589434 I 'Y~' ~'~%x~ MY COMMISSION EXPIRES L, or~o OCT. lS,2ooo Page 6 of 8 Signed, sealed and delivered In the presence of: THE HALSTATT PARTNERSHIP. a Florida general panne, rship W~es, JERR/E L. SI'~.~ARD Witness THOMAS L. TREADX~,~LL. Print Name By: HAROLD S. LYNTON. KATHERINE G. SPROUL, and JULIET C. SPROUL, as Trustees for JULIET C. SPROUL under the Will of Barron Collier, Jr.. deceased. and as confirmed by Change of Trustees dated June 15.1993, and filed June 22, 1993. in Probate No. 76-33. of the Probated Records of Collier County. Florida. PARTNER. .~J~rlfIET C. SPR~OOIf. ('s Truste~- COUN IY OF (._~&~.-iC ~-~ Will of l~arron Collier, Jr. deceased, and as confirmed by Change of trustees dated June 15, 1993. and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida. PARTNER, on behalf of said Florida Partnership. )vh~o is personally 'known to me and who did take o?~ ~S~. ~ MATURO I Not~ Public X0S~M z ~, , o e~ .u~. [ My Co~ission Expires: foregoing instrument was acknowledged before me this 9~' day of ,2000, by JULIET C. SPROUL. AS TRUSTEE, for Juliet C. Sproul under the Page 7 of 8 OqT I o Print Name WESTGROUP LA PLAYA, LLC, a Florida limited liability. company By: N~b~62S'sociates, .LLC..~'Delaware limited Patri~'l~ ~.. (~ole~ Pre~dent "~ - STATE OF D,/c,_~, ,,~,} 4~o,,.. COUNTY OF ~, h_q The foregoing instroment was acknowledged before me this 9 ~ay o£August, 2000, by ~a4r-,~-._ ~- ~Aee_. ,as ~e~:~'~'V ofN-~le House Associates, LLC. aDelaware limited liabilit2, company, the managing member of Westgroup La Playa. LLC, a Florida limited liability company, on behalf of the company, who is personall3' known to me ~ who ~roa-~:ze5 (Seal) Notre3' Public / ' My Commission Expires: 11/9/~;/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ATTEST: DwSght E. Brock, Clerk Timothy Constantine Chairman Approved as to Legal Form and Sufficiency: Assistant County Attomey Page 8 of 8 I o 2o0 WilsdnMiller New D~irections In Planning, Design & Engineering Description of a portion of Lot 26 Connor's Unit No. 1 Vanderbilt Beach Estates Plat Book 3, Pages 8 and 9 Collier County, Florida (12.5' Wide Drainage Easement) A 12.5 foot wide easement for drainage purposes lying on, over and across a portion of Lot 26, Connor's Unit No. 1 Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9, Collier County, Florida, being more particularly described as follows: Commencing at the southwest corner of said Lot 26; thence along the easterly Right-of-way line of Gulf Shore Drive northerly 73.24 feet along the arc of a circular curve concave westerly, having a radius of 31770.00 feet, through a central angle of 00°07'55" and being subtended by a chord which bears North 10°53'06" West 73.24 feet to a point on the northerly line of a 10' wide drainage easement as recorded in Official Record Book 915 page 521 also being the Point of Beginning of the paxcel herein described; thence along said line North 78°53'00" East 15.71 feet; thence South 17°04'29" East 58.01 feet; thence North 79059'52" East 177.67 feet to a point on the easterly line of said Lot 26; thence southeasterly 12.52 feet along the arc of a circular curve concave westerly, having a radius of 200.00' through a central angle of 03035' 10" and being subtended by a chord which bears South 12°49' 15" East 12.52 feet; thence leaving said line South 79°59'52" West 189.33 feet; thence North 17°04'29TM West 57.79 feet; thence South 78°53'00" West 4.44 feet to a point on the easterly right-of-way line of Gulf Shore Drive; thence along said right-of-way line northerly 12.50 feet along the arc of a circular curve concave westerly, having a radius of 31770.00 feet, through a central angie of 00°01 '21" and being subtended by a chord which bears North 10°57'48" West 12.50 to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Easement contains 3145 square feet more or less. Bearings are based on the south line of Lot 26, Connor's Unit No. I Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9, Collier County, Florida being North 79°09'40" East. Certificate of authorization #LB43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, P~M 4[50 Revised: 9-6-00 Ref. 1L-312 W.O.: N0308-003-004 Date: July 17, 2000 Naples Fort Myers Sarasota Bradenton Tampa 3200 Ba~ley Lane Sude 200 Nap/es F or da 34105-8507 941-649-4040 ~ 941-643-5716 ~~ OCT I 0 2000 vANDERE~IL T LAGOOb/ ~ " s-~r--~' ...-c~;?~- '" / / --~ ~ULF 5~ORE D~V~ 70' RIGHT OF WAY PETITION FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENT RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON UNPLATTED LAND OR PLATTED LANDS, EXCEPT FOR PUBLIC ROADS Date Received: Petition #:AV- Petitioner (Owner): Westgroup La Plava. LLC, a Florida limited liability company and the Halstart Partnership, a Florida general pannership, as Tenants in Common. each as to an undivided fifty percent interest, Address: 2600 Golden Gate Parkway City/State: Naples, FL Telephone: 941-262-2600 Zip Code: 34102 Agent: Young, ,,'an Assenderp. Varnadoe & Anderson. P,A. Address: P.O. Box 7907 City/State: Naples, FL Location of Subject Property: Location: Section Legal Description: Telephone: 941-597-2814. Zip Code:34101-7907 9891 Gulf Shore Dri``,e Township Range_ Lot 26. Block B. Conher's Vanderbilt Beach Estates Unit No. 1. according to the map or plat thereof recorded in Plat Book 3. Pages 8 and 9, of the Public Records of Collier County. Florida. Official Record Book 2632 _Page(s) 1710 Reason for Request: There will be a simultaneous Grant of Easement for a new drainage easement to replace the one being vacated. This is for the benefit of both the CounW and the Current Zoning: RT Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: Yes __x No Signature of Petitioner (Owner) Lloyd G. Hendrey Print Name Signature of Pelitioner (Or, her) v/ Harold S. Lvnton Print Name Date Trustee for Halstat Panner (Title) Date Trustee for Halstart Partner (Title) 2000 Signature. ~J~ltioner (Owner) Juliet C. Sproul Signature of Petitioner (Owner) Katherine G. Sproul Date Trustee of Halstatt Partner (Title) Trustee of Hal statt Partner (Title) Signature of Petitioner (Owner) M. P. Dver Print Name Vice President, Westgroup La P aya OCT I 0 2000 PETITION FOR THE EXTINGUISItMENT OF PUBLIC DEDICATED EASEMENT RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON UNPI.ATTED 1,AND OR PLATTED LANDS, EXCEPT FOR PUBLIC ROADS Date Received: Petition #:AV- Petitioner (Owner): Westgroup I,a Playa, LLC, a Florida limited liabitit¥ company and the Halstart Partnership, a Florida general partnership, as Tenants in Common, each as to a_Bn undivided fifty percent interest. Address: 2600 Golden Gate Parkway City/State: Naples, FL Telephone: 941-262-2600 Zip Code: 34102 Agent: Young, van Assenderp, Vamadoe & Anderson, P.A. Address: P.O. Box 7907 City/State: Naples, FL Location of Subject Property: Locatioo: Section Telephone: 941-597-2814 Zip Code:34101-7907 9891 Gulf Shore Drive Township. Range Legal Description: Lot 26, Block B, Conner's Vanderbilt BeTach E. states Unit No. 1, accor4ing to tile map or plat thereof recorded in Plat Book 3= Pages 8 and 9. of the Public Records of Collier County, Florida. Official Record Book 2632 Page(s). 1710 Reason for Request: There will be a simultaneous Grant of Easement for a new drainage easement to replace the one being vacated. This is for the benefit of both the County and tile Property Owncr~. Current Zoning: RT Does this allect density': No I Hereby Authorize Agent Above to Represent Me tbr this Petition: ~ Yes__x No Lloyd G. Headfly Trustee for }-lnlstatt Parmer Print Name ('rifle) Signature oI Petitionc~ (OwneO Harold S. Lynton Trustee for Halstart Partner (Title) m AGENDA ~ OCT 1 0 2000 Signature ol Petition,:r (Owner) Juliet C. Sproul Prinl Name Trustee of Halstart Partner (~ itle) Date Trustee o~' Halstart Parmer Katherine G. Sproul · .U'i-cvCPresident, Westgroup La Playa (Title) G:\users\dhc'xdph\La Playa £asement Mod\pelition to vacate ~pd STATE OF WASHINGTON COUNTY OF KING BEFORE ME, the undersigned Notary Public, on the 8th day of September, 2000, appeared Philip A. Brown, who being first sworn, deposes and says: That he is the Vice President of Westgroup La Playa, LLC, a Florida limited liability company. He has personally reviewed the business records of Westgroup La Playa, LLC and Noble House Associates, LLC and makes this affidavit based on his review of these records and his personal knowledge of the matters contained therein. That Noble House Associates, LLC, a Delaware limited liability company, is the Managing Member of the Westgroup La Playa, LLC. Patrick R. Colee, as President of Noble House Associates LLC, has the authority to sign on behalf of Noble House Associates LLC as managing member of Westgroup La Playa, LLC, any instrument transferring or affecting Westgroup La Playa, LLC's interest in real property. Noble House Associates, LLC, as managing member of Westgroup La Playa, LLC, has the authority to sign and deliver any instrument transferring or affecting Westgroup La Playa, LLC's interest in real property. · ' ' Brown Title:Vice President Subscribed and sworn to before me this 8th day of September, 2000 by Philip A. Brown as Vice President of Westgroup LaPlaya, LLC, a Florida limited liability company who is personally known to me. Notary Public in and for the State of Washington residing at Bothell. My Commission Expires: 11/15/00 OCT 1 0 2000 Yov o,ASSE: DZRV, & _Ao DE so , P. AA - ? ZOO0 Naples via hand deliver~' August 2, 2000 DANIEL H COX John H. Boldt, P.S.M., P.E.. Director Collier County Stormwater Management 3301 East Tamiami Trail Naples, Florida 34112 RE: Request for Letter of No Objection to Petition to Vacate a Drainage Easement, located on Lot 26, Block B. Conner's Vanderbilt Beach Estates, Unit I. ~[~ear Mr. Boldt: ~ ar firm represents the Halstatt Partnership, one of the owners of the La Playa Hotel (the "Property"). The Partnership's predecessor in title. Phillip M. Francocur, granted a drainage easement to the County per the Grant of Easement recorded in Official Records Book 915, Page 521 of the Public Records of Collier County, Florida. The Partnership would like to relocate this easement in order to more fully develop its property. County policies for the relocation of an easement require a letter of no objection from you to be included with the property owner's petition to relocate the easement. 1 have attached a legal description of the existing and proposed easements, along with a sketch. As you can see from the materials Dovided, there will be no reduction in drainage capacity caused by this relocation. Please provide the letter of no objection to us before August 8, 2000. If you have any questions, please contact the undersigned at 597-2814. Thank you for your prompt attention to this matter. Si e ely, Daniel H. Cox Enclosures as stated I have no objection to the proposed vacation and grant of replacement easement. ' ...:,Bn{~. 1SOlar' F:\users\dhc\dph\La Playa Easement Mod\NOOBJECT,FRM Date YOUNG, VAN ASSENDERP, VAI~NADOE & .P'2'qDEiRSON, P. A. ATTO~N[YS AT LAW '~ Jo~Cn P. Yl~$tlf~sw, orth, Senior Engineer Collier Count)' Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 Naples via hand delive~ August2,2000 RE: Request for Letter of No Objection to Petition to Vacate a Drainage Easement, located on Lot 26, Block B, Conner's Vanderbilt Beach Estates. Unit 1. Dear Mr. Houldsworth: Our firm represents the Halstart Partnership, one of the owners of the La Playa Hotel (the "Property"). The Parmershi predecessor in title, Phillip M. Francoeur, granted a drainage easement to the County per the Grant of Easement recorde,, in Official Records Book 915, Page 521 of the Public Records of Collier County, Florida. The Partnership would like to relocate this easement in order to more fully develop its property. County policies for the relocation of an easement require a letter of no objection from you to be included with the property owner's petition to relocate the easement. I have attached a legal description of the existing and proposed easements, along with a sketch. As you can see from the you for your prompt attention to this matter. ~c~rel~ Daniel H. Cox Enclosures as stated I have no objection to the proposed vacation and grant of replacement easement. John R. Houldsworth Date F:xusers\dhc\Oph\La Playa Easement Mo&NOOBJECT.FRM OCT I 0 2000 I: !l I i · lit II i l[ ,::dll: l~,l Ifiltill :Illill! 1~11 :~l~11tl:l:~ ~::!,1:1 1:1: I'1:! t I': ,l::,11: :~!I~ I1]1]111 ~!:1: I111t1.1 lh:" 11111!!:. , ~ ,l:l:tll Ill!!l ,,:,,,,,:,l:~ I!:~:1!~ h!li lk ii~111 ~11.l:!!.,:Ji Ill',:: i:,t ill:::' i .I ,i ending. Collier, FL, 1998-99- 48-25-29, Sheet: 1 of 2 2000 OCT I 0 200[ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date- 213598 08/16/2000 10:34:37 AM Post Date i 08/16/2000 · Payment Slip Nbr MS 74606 HALSTATT PARTNERSHIP New or Exist: N Payor: HALSTA'iq' Fee Information Fee Code Description GL Account Amount Waived I~2T~V~C ¢RE_V_AC~C_T/_VAC EASEMEN_T-~R_o~w _10116~36_10~3_2_9~1_000~0700~ _ Total $1000.00 Payments P-~y~nt' ~de- '~c-~nt/~heck Number Amounts, CHECK 1378 $1000.00 Total Cash $0.00 Total Paid $1000.00 Memo: CHECK NO. 001378 VAC -00-014 Cashiedlocation: FROLOFF_E / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT 2582819 OR: 2632 PG: 1710 SPECIAL WARRAN'[¥ DEED TFIIS SPECIAL WARRANTY DEED (this "Deed") is made, ent~,red into and effective as of the /,-/'~lay of January, 2000 by (i) NB HOTEL LIMITED, a Colorado limited partnership with an addres? at 1050 17th Street, Suite 1200, Denver, CO 80265 (the "Grantor"), in favor o~ (ii) WESTGROUP LAPLAYA, LLC, a Florida limited liability company, and THE HALSTA'I-F PARTNERSHIP, a Florida general partnershipgas Tenants in Common, each as to an,undiy, ided fifty ,. percent (50%) interest (the Grantees"L WITNESSETH: That for and in consideration of the sum of TEN and NOII00 DOLLARS ($10.C,0), cash in hand paid by the Grantees to the Grantor, and for other good and ,~aluable consideration, the receipt and suffmiency of which is hereby acknowledged by the Grantor, the Grantor has bargained and sold and does hereb,t grant and convey unto the Grantees and the Grantees' successors and assigns forever, in fee simple, the following described real property ;ocated in Collier County, Florida (the "Real Property"), to-wit: Lots 25 through 30, inclusive, Block A, and Lots 24 through 28, inclusive, Block B, CONNER'S VANDERBILT BEACH E.~TATES, UNIT NO. '1, according to the map or plat thereof recorded. In Plat Book 3, Pages 8 and 9, of the Public Records of Collier County, Florida, less the right of way for Gulf Shore Boulevard. PROPERTY' t ], NUMBERS: 27480720006 (Lot 25, Block A) 27480760008 (Lot 26, Block A) 27480800007 (Lots 27- 30, Block A) 27481640004 (Lot 24, Block B) 27481680006 (Lots 25- 28, Block B) FEDERAL TAX, ID. NUMBER for WESTGROUP LAPLAYA, LLC: FEDERAL TAX, ID. NUMBER for THE HALSTA'CF PARTNERSHIP: TO HAVE AND TO HOLD the Reap Property, together with all appurtenances and privileges thereunto belonging, unto the Grantees and the Grantees' successors and assigns forever, in fee simple. The Grantor does covenant to and with the Grantees and the Grantees' successors and assigns that (i) the Grantor is law,~ully seized in fee simple title to the Real Property, (ii) the Grantor has good right to convey the same as herein done, (iii) that the Real Property is free and (:lear of all encumbrances of whatsoever nature, except as herein stated, and (iv) that the Grantor will WARt:tAINT GENERALLY the title to the Real Propen'y and will defend the same OR: 2632 PG: 1711 against the lawful clairns of all persons claiming by, through, or under the Grantor, but against none other. The Real Property is being conveyed hereby subject to (a) r~.al estate taxes for 2000, (b) zoning and use restrictions imposed by governmental authority, (c) restrictkms and easements which may appear of record in the Pubtic Records of Collier County, Florida and (d) outstanding oil, gas and mineral interests of record, if any. The Grantees assume and agree to pay all ad valorem taxes assessed against the Real Property for the current fiscal year and all subsequent years, the curTent taxes and assessments to be prorated as of the date of transfer of this Deed. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed by its duly authorized officer on the day, month and year first above written. Signed, sealed and delivered In our presence: Pdnted Name of Witness #1 W'ttness #2 Pdnted Name of Witness ¢¢2 NB HOTEL LIMITED, a Colorado limited partnership By: AGI_ Investments No.12 Limited Partnership, a Colorado limited partnership, General Partner By: i~orporal By: .~ AGLP No.12 Limited Partnership, a Colorado !imited partnership, General Partner A', ' 31' "iO l',' ¢, ,I Cc',,,,?d ], General Ps;Itner President *** OR: 2632 PG: 1712 *** STATE OF COLORADO ) ) SS: CITY AND COUNTY OF DENVER ) I IdEREBY CERTIFY that on this the /,,~day of January, 2000, before me, an officer duly quaill'led to take acknowledgments, personally appeared DAVID AGNEW, as President of AGLGP No.12, Inc,, a Colorado corporation, on behalf of the corporation as general partner of AGLP No.12 Limiteel Partnership, a Colorado limited partnership, general partner of AGL Investments No.12 Limited Partnership, a Colorado limit~.~d partnership, general padnor of NB Hotel Limited, a Colorado limited partnership, personally known to me or who produced the type of identification provided ard who (did/did not) take an oath and who executed the foregoing Special Wananty Deed and acknowledged before me that such officer executed the same in his capacity as President of the corporation on behalf of the corpcration in the capacity therein stated for the purposes set forth therein. ,.V~ness my hand and official seal in~~aforesaid this /2 _ ~day of January, 2000. NO~-~"PUBLI~, State, of Colora.¢l.p ~ Print ~l~me of Notary: ~ My co~mission expire~~,<:~fl~/ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.760, "ECKHART LAKE COMMERCIAL EXCAVATION" LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH BY VACANT LOT, ON THE SOUTH BY 52ND AVENUE N.E. RIGHT-OF-WAY, ON THE WEST BY VACANT LOT, AND ON THE EAST BY CANAL RIGHT-OF-WAY. OBJECTIVE: To issue Excavation Permit No. 59.760 for Eckhart 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 22,735 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 $4452.00 The breakdown is as follows: a) Excavation Review Fee- $850.00 b) Excavation Permit Fee - $135.00 c) Road Impact Fee- $3467.00 GROVVTH 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. AGENDA ITEM OCT 1 0 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. 59.760 for Eckhart Lake Commercial Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 20' 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 22,735 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 liftoral 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. All provisions of Collier County Ordinance No. 91-102, as amended, Division 3.5 shall be adhered to 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.Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. ,~,E~OA n'E~ 11. Operation shall be limited to one year, with provision for a 1 -year extension. OCT 1 0 2000 Ex. 59.760 September 18. 2000 Page 3 of 3 PREP D STEPR~H SENIOR ENGINEER THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~ED BY: -'- VINCENT A. CAU'F..E;RO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE AGENDA ITEM 2000 COLLFER COUNTY TRANSPORTATION SERVICES "STANOARO ¢OND;T~ONS" EXCAVATION PERMIT APPLICATIONS ~TVOLVING OFF-SrTE REMOVAL OF MATERL~ The intent of these "Standard Conditinns" are to provide excavation peim~t applicants a surnrn~ry of conditions which may affect their projects and which should be taken into consideration during all stages of project developro~rot: Haul mutes between an excavation site and an arterial road shall be private with property owner(s) appwval or be a public collector wad bu/lt to standards applicable to handle the resulting ~uck traffic. Where resident/al areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as rain/real site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right 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 Coromissionera. Haul routes utilizing public roads shall be subject to road roaintenance and road repair or an appropriate fair sha~ by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.2 and Pdght-of-Way Ordinance No. 93-(~. Off-site removal of excavated material shall be subject to Ord/nance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be roade by the County to determine the effects that off-site removal of excavated roaterial will have on the road system within the excavation project's zone ofirdluence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation p~i~uiL The Transportation Services ~,dmini~h~tion r~m'ves thc right to establish emergency weight limits on public roadways affected by the off-site removal of excavated mamrinl; the procedure for establi-~hme~lt of wei~oht limitS ~hsdl be the presentation of an applic~blc reanlmian before the Boaad of County Commiasionem Should weight limitS be illatiiui~ the perll~___,~ shall be responsible to imp. leanera roe~s~ues to a.~mre that all he~y tmr. k loAaln~ leaving the p~lmit's propony conform to the applicable weight restriction. The Ex~v~ion Pe~ Guata~t~ ~ apply to excav~ion o~o~t~ ~ ~lo the ~ .of public ro~d~ in accon:imxce with com:~ o~limmce~ ~ ~pp~ OCT 1 0 2000 Based on soil boring information per Ordinance No. 91-102 as amended, a biasfrog penrot may be appropriate. Should a blasting permit apphcation 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 concerr~ for off-site impacts ~om blasting at an excavanon 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 axe as follows: ho Stxucture inventory/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. 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 p;,~**it authority should it be detem~ned that blasting activities axe creating unacceptable off-site conditions either in texans 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 Trmmportation Services Admiresstation 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 OCT 1 0 2000 EXECUTIVE SUM~2%RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE FIVE A", 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 "Island Walk Phase Five A", a subdivision of lands located in Section 33, 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 drawin9s, specifications, and final plat of "Island Walk Phase Five A". 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 "Island Walk Phase Five A" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows, The project cost is $862,138.87 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading $403,897.25 $458,241.62 OCT 1 o 2000 Executive Summary Island Walk Phase Five A Page 2 The Security amount, equal to 110% project cost, is $948,352.75 of the 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: $16,712.70 Fees are based on a construction estimate of $862,138.87 and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 753.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) Drainage, Paving, Grading (.42% const. est.)- Construction Inspection Fee Water & Sewer (1.5% const. est.) Drainage, Paving, Grading (1.3% const. est.) GROWTH M3UNAGEMENT IMPACT: $2019.49 $1924.61 $6058.46 - $5957.14 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/ARCHEOLOGICAL IMPACT: None EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: ~pproval PLANNING SERVICES STAFF RECOMMENDATION~ That the Board of County Commissioners approve the Final Plat of "Island Walk Phase Five A" for recording with the following stipulations: 1. Approve the amount of $948,352.75 as performance security for the required improvements. OCT I 0 2000 Executive Summary Island Walk Phase Five A Page 3 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 Sez-vices 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 Ro~P~rf Mulhere, AICP Planning Services Department Director APPROVED B3: //'Z~/ ~ICP, Administrator Vincen~ ' A. Cautero, Community Development & Environmental Services Date ? ZZ- c ~ate Date Date j rh OCT 1 0 2000 RANGE 26 EAST, T TO ALE 13 18 17 16 15 14 13 PROJECT 24 19 20 21 :2 LOCATION 30 29 28 ~ 25 36 51 52 343536 (C.R. 862) T 48 S VANDERBIL1BEACH RC~D ,,.~.~ T 49 S 1~ 6 ~ ~ 4 ~ 2 1 12 7 ~ ~ 9 10 11 12 15 18 17 16 15 14 LOCATION MAP Till(::: IRICTPIIMFNT PRFPARED BY OCT 1 0 2000 EXECUTIVE SUMIWJLRy REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "COACH~2%N GLEN", AND APPROVAL OF THE STi~/TDltRD FORM CONSTRUCTION ~ M3%INTENANCE AGREEMENT ~ APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Coachman Glen", a subdivision of lands located in Section 23, 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 "Coachman Glen". 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 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 "Coachman Glen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $90,220.20 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $26,601.15 b) Drainage, Paving, Grading - $63,619.05 The Security amount, equal to 110% of the project cost, is $99,242.22 OCT 1 0 2000 Executive Summary Coachman Glen 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: $1,538,44 Fees are $63,619.05 and Sewer) based on a construction estimate of (does not include City of Naples Water and were paid in September, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $444,20 b) Water & Sewer City of Naples Drainage, Paving, Grading (.42% const. c) Construction Inspection Fee Water & Sewer City of Naples Drainage, Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee - $ N/A est.)- $267.20 - $ N/A - $827.04 The Concurrency Waiver and approval has been reviewed and Office for the project. Release relating to conditional approved by the County Attorney's ENVIRONMENTAL ISSUES: None HISRORICAL/ARCHEOLOGICAL IMPACT: Nons EAC RECO~MENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Coachman Glen" for recording with the following stipulations: Approve the amount of $99,242,22 as performance security for the required improvements. OCT 1 0 2C 0 Executive Summary Coachmen Glen Page 3 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. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R'obert Mulhere, AICP Planning Services Department Director APPR,~f BY: Vincent A. Cautero, Community Development & Environmental AICP, Administrator Services Date ~ate Date Date j rh OCT 1 0 2000 THEEAST321.00FEETFOTHE WEST 1933.65 FEETOF TH[ ., / ' /'~ OF THE SOUTH ,/4 OF SOUTH ~,,/2 OF THE SOUTH ,/ .: TOWNSHIP 49 SOUTH, RANGE 2,.5 EAST, LESS AND EXCEPT THE NORTH 50.00 FEET, COLLIER COUNTY, FLORIDA. EXECUTIVE SUMMARY TO ACCEPT THE DONATION OF 1,800 SQUARE FEET OF STORAGE SPACE AS EQUIVALENT TO $11,600 IN OPERATIONAL EXPENSES AND AUTHORIZE THE RELEASE OF $13,900 OF TDC FUNDS TO THE MARCO ISLAND HISTORICAL SOCIETY OtMECTIVE: To approve Tourist Development Tax funding for the Marco Island Historical Society, Inc. to Advertise and Promote the Museum for FY00- 01. CONSIDERATIONS: On June 13, 2000, the Board of County Commissioners approved a motion to fund $13,900 upon confn~uation that the organization has privately or publicly raised $11,600 in cash and not in kind donations. This was approved by a 4-0 vote. The Marco Island Historical Society, Inc. has requested that this item be brought back to the Board of County Commissioners for direction to include the donation of storage space to be equivalent to $11,600. Approximately 1,800 square feet of storage space, valued at $18,000 - $20,000 was donated by Progressive Auto Storage, LLC for this purpose. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund Category "C" to Advertise and Promote the Museum. GROV~rI'H MANAGEMENT: The additional funding for the Marco Island Historical Society will have no growth management impact on Collier County. TOURIST DEVELOPMENT COUNCIL'S RECOMMENDATION: On April 17, 2000, the Tourist Development Council reviewed this application for Category "C" Museums project funding. The Tourist Development Council recommended, by a 6-1 vote, to fund the Marco Island Historical Socie .ty, Inc. $13,900 for Advertising and Promotion. STAFF RECOMMENDATION: That the Board of County Commissioners clarify their intent in the agreement by affirming the staff recommendation to accept the donation of 1,800 square feet of storage space as the $11,600 requirement for its operational expenses and authorize the release of $13,900 of the TDC. PREPARED BY: JANE E. EICHHORN TDC COORDINATOR REVIEWED BY: HUI DIRgTOR DATE DATE APPROVED BY: VII~ENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. OCT 1 0 2000 Marco Island Historical Society Established May 17, 1994 July 29, 2000 ~.0. BOX 2282 Narco I$lanc~ F£ 34146 (941) 394-6917 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 the 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. While we recognize that this is not a "cash" contribution it is a donation of one of our scheduled items which is included in the $11,600 that we 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 OCT 1 o tooo COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Housing and Urban Improvement Department 3050 North Horseshoe Drive, Suite Naple,q, Florida 34104 August 16, 2000 Mr. Fiori William Perdichizzi Marco Island Historical SocieLy 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 review 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 organ!zation 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, c: Timothy J. Constantine Tom W. Olliff, County Manager Vince A. Cautero, AICP, CDES Administrator Greg Mihalic, HUI Director Enclosures (31 Phone (941) 403-2330 Fax (941) 403-2331 OCT 1 0 2000 www. co.collie r. ll.us/hui u 720 Bald Eagh: Drk. e Marco island FL 34145 Phone (941 ) 642-4944 FAX {941) 642-3381 July 26, 2000 Marco Island Historical Society P.O.Box 2282 Marco Island, F1 34146 De~ar Mr. Perdichizzi, ling the article in the Naples Daily News on talking to your members on Monday the 24th ~at we have what you are looking for in regards ~i!~ qe. W~]~ willing tO donate 1800 square feet of space for one yeaN~vhile you sort and catalog your historical treasures. We~! that this will save you $18,000. to $20,000. which ~O~ can use toward your ~oal o[ acquiring a permanent home. We are glad to be of help. Sincerely Yours, Michael Kel~ O0T 1 0 2000 P~c 1 of I · put th.t Intern hind thl. COMMItlONER MAC'IOEI 00MMIlIIONn mnutYl I. mmd. Mo~t~ mmmm m m.~ An~ Rim 48A8 TOURIST DBVILOPMEIiT C)OU!dGIL FUNDINIII FOR 1141 I YBARI & Nmd m~ might even OCT 1 0 2000 .../LFIrnageDisplay.exe?doc-~294&page= 156&fit= 1 &xlen=640&ylen= 1000&xsourc~2544 08/14/2000 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE TRANSPORTATION ADMINISTRATOR OR TRANSPORTATION PLANNING DIRECTOR TO ENTER INTO, MODIFY OR TERMINATE THE JPA WITH THE FDOT UNLESS SPECIFICALLY RESCINDED OBJECTIVE: To approve the attached JPA for operating assistance (FDOT Financial Management Number 204787-1-84-01) and resolution authorizing the Transportation Administrator or Transportation Planning Director to enter into, modify or terminate the attached agreement (J-PA) and applicable documents. CONSIDERATION: On February 22, 2000 the Collier County BCC authorized the Chairman to execute a Federal Transit Administration grant application requesting funds for operating and administrative expenses associated with the provision of public transportation services in the rural areas of Collier County. Funds from this grant will provide transportation for people from the farm communities and other general public areas to various social services, day care facilities, shopping and to medical facilities. Funds from this grant will be made available once the Florida Department of Transporlation receives and executes the at/ached agreements. The agreements must be accompanied by a resolution approving the agreement and authorizing execution. FISCAL IMPACT: This is a reimbursement grant that the County will bill on a monthly basis as the expenses are incurred. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board approve the agreement and any budget amendments necessary to receive and use these funds and that the Board authorize the Transportation Administrator or Transportation Planning Director to enter into, modify or terminate the attached Joint Participation Agreement. Prepared by= ~J ~' ~~)_ Date: 09/26/00 David P. Ho~pe, Public Transporfation Manager Reviewed by: , ~..._~_~ . ~.~:z.~,, Date: .c~, _ 7 ~. ~ ~' Gavin Jones, P.E., T)'ansportation Planning Manager Norrn/~ Feder,'Tra/~sportation Services Administrator RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTM~ENT OF TRANSPORTATION. Wl:IEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Depa~tuient of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the TPA for Item-Segment-Phase-Sequence (Financial Management Number) 204787 1 84 01 is approved. 2. That the Transportation Administrator or the Transportation Planning Director, is authorized to enter into, modify or terminate the JPA with the Florida DeparUnem of Transportation, unless specifically rescinded. TH~S RESOLUTION ADOPTED THIS 10 DAY OF October, 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. A'I-I~ST: COLLIER COUNTY BOARD OF COUNTY COMM/SSIONERS By:. By:. Dwight E. Brock, Clerk Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: H$idi Asiaton, Assistant Cotmt~Attomey l AGENDA ITEM ~,~ No./~ . ,O~ !.j-. / RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. V/I:IF,,REAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Depashnent of Traneportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: I. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 204787 1 84 01 ' is approved. That the Transportation Administrator or the Transportation Planning Director, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS 10 DAY OF October, 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By:. By:. Dwight E. Brock, Clerk Timothy J. Constantine, Chain'nan APPROVED AS TO FORM AND LEGAL SUFFICH/N~/: Heidi Ashton, Assistam County Attorney RESOLUTION NO. 2000- A RESOLUTION OF TI:IE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WItEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW TFIEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLOR_IDA: 1. That the IPA for Item-Segment-Phase-Sequence (Financial Management Number) 204787 1 84 01 is approved. That the Transportation Administrator or the Transportation Planning Director, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS 10 DAY OF October, 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. A fl/~ST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Dwight E. Brock, Clerk Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY,: Heith As~ht~ Assistant County Attorney 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 RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 204787 1 84 01 is approved. That the Transportation Administrator or the Transportation Planning Director, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS 10 DAY OF October, 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. A'ITI~ST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Dwight E. Brock, Clerk Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICI//NCY: Heidi Ashton~ Assistant-C0tmt~Attome~ PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: I Fund: 010 20478718401 Function: 680 (~em-segment-phase-sequence) Contract No.: Federal No.: FL-18-X019 Catalog of Federal Domestic Assistance Number: 20.509 FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of State Financial Assistance Number: N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florid~ hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F., Naples, Florida 34112 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafte described, and the Department has been granted the authority to function adequately in all areas of appropdat{ jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 (1) (A) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants promises and representations herein, the partie., agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement ~s to provide for the [}epartment's participation in the Agency's operating and administrative expenses associated with th, provision of public transportation services in rural areas of Collier County as described in the Agency's Application fo Federal Assistance dated February 1, 2000, on file in the Department, and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to prowde Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed, FORM 7254~O-06 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pumuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 224,400.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess o1[ the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, ir~ the project in the amount of $ 112,200.00 as detailed in Exhibit "B", or in an amount equal to t~, percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4,10 Project Cost Eligibitity: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement;, (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropr/ation authority becomes available. 4.20 Front End Funding: Front end funding (~ is~) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred pr6ject costs u-pro an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage~ is (~) is not applicable. If applicable, N/Apercent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursement: of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease sba be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and i~ approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made fo actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State an( Local Governments", separate accounts to be maintained within its existing accounting system or establish independen accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the projec account shall be made available to the Department upon request any time during the period of the Agreement and fo three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit Jn a bank or trust company which is a member of the Federal Deposit Insurance Corporation, al payments received by it from the Department parsuant to this Agreement and all other funds provided for, accruing to, ol ' ~rwise received on account of the project, which Department payments and other funds are herein collectively referrec .s "project funds". The Agency shall require depositories of project funds to secure continuously and fully all projec: run~s in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the require¢ approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services ,contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: All 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 federal agency. State funded grants are to be identified with the Financial Project Number (FPN), contract number, and Catalog of State Financial Assistance (CSFR) numbers. Audits shall be conducted under the guidelines of A-133, Section 215.97, Flodda Statutes, and Chapter 10.600, Rules of the Auditor General. 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 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. The Agency shall fellow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse ~ Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paregraph 8.10 of this agreement. Reports 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 P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance; Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Departmen Transportation, District One Public Transportation Office Bartow , Florida, 33831-1249 its requisition on a form or ton'ns prascdbed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 (1) (2) (3) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, ant actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real propeR together with any attendant relocation of occupants was accomplished in compliance with al federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by .the Department to be proper to ensure the carrying out of the project and n~yment of the eligibJe costs. However, notwithstanding any other provision of this Agreement, the Department may elecl ~otice in writing no~ to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects ts incurred by the Agency pdor to the effective date of this Agreement, costs which are not provided for in the latest roved budget for the project, and costs attributable to goods or services received under a contract or other Jrrangements which have not been approved in wdting by the Department. N~jTj ~~~j 8.40 Payment Offset: If, after prelect completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall preceed prompfiy to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is deter~nined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to air documents, papers, letters, or other material subject to the previsions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the projecC 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written appreval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as previded in parsgraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: Iris the policy ofthe Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carTying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national odgin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, 'site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title Vl - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1999 (ADA): Execution of this Joint Participation Agreement ~titutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the .~deral government issued there under, and the assurance by the Agency pursuanl . No_%~~.~ 10 ooo / 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enl~er into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency dudrig his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this' subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in ~:onformance with all applicable environmental regulations including the,. secudng of any applicable permits, The Agency will be solely responsible for any liability in the event of non-complian,¢ with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.~0 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing heraunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. -' 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful iifa of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes'of any project facility or equipmen dudrig its useful life for any purpose except its replacement with like facility or equipment for public transportation use, th Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees tc remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department f~nancing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. parties recognize and accept the funding restfictions set forth in Section 339.135(6)(a)i and Section 129.07, Florida ~utas, which may affect each of the parties' obligations Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding on~ (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agree( to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards aisc shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either path/receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency wdtien approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excc~ss of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or wdffen, made in violation of this subsection is null and void, and no money may beI' paid on such contract. The Department shall require a statement from the comptroller of the Department that funds ar~ available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than I year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2002 . If the Agency does not complete the project within this time period, this Agreement ,~'ill expire unless an exten~:ion of the time period is requested by the Agency and granted in writing by the District Secretary, Distdct One . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument 21.00 Restrictions on Lobbying: FORM 725-030. PUBLIC TRANSP ADMIN .07~1 Page 11 of 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, th~ entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with it instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unt.ess the bid specifications, purchase order or contract specifies otherwise The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. ThE ' days are measured from the latter of the date the invoice is received or the goods or services are received, inspected j approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time pedod to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment Invoices which have to be returned to an Agency because of vendor preparation errors will result in a detay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. ,A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the De;3altment. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on teases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Financial Project No. Contract No. Agreement Date 20478718401 IN WITNESS VVHEREOF. the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT NAME: BY: TITLE: Transportation Services Adminislxator See attached E~cumbrance Form for date of Funding Approval by Comptroller DEPARTMENT OF DEPAR'I~AENT OF TRANSPORTATION A tlsta t Cou t! Attorne FINANCIAL PROJECT NO.204787 1 84 01 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Depastment of Transportation and Collier Coun_ty Board of Count_v Commissioners. 3301 E. Tamiami Trail. Building F. Naples. FL 34112 dated PROJECT LOCATION: Rural Collier County PROIECT DESCRIPTION: Operating and administrative expenses associated with the provision of public transportation services in rural areas of Collier County; specifically, the continuation of the Immokalee Circulator as referenced in the Agency's Application for Federal Assistance dated February 1, 2000, on file in the Department,. and as approved by the Department pursuant to the Joint Participation Agreement for project FM #204786 1 84 01. SPECIAL CONSIDERATIONS BY AGENCY: At least 30 days prior to making any change to the service, the Agency shall submit a change in project description to the Department for written approval, including: 1) the start date; 2) route configuration; 3) hours of operation and timetable; 4) number of vehicles to be operated; 5) estimated daily mileage; 6) name of service provider; 7) passenger fare information; 8) estimated ridership at start of service; 9) ridership goals; 10) hourly cost of service; 11) total estimated cost of service; 12) the Department's share of the cost on an hourly basis, and 13) information about matching funds. The Agency shall provide or contract for service that is open to the general public without advance reservation and undertake an aggressive marketing campaign to build ridership. A ridership report / project invoice, in a Department-approved format, shall be submitted monthly to the Department by the Agency, within 30 days following the invoicing period. The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. January 25. 2000 No. ! t ~/_~'~. ~'[ I FINANCIAL PROJECT NO. 204787 1 84 O1 CONTRACT NO. EXHIRIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County. Board of Coun_ty Commissioners. 3501 t~, Tamiami Trail. Building F. Naples. FL 34112 d~t¢~l . . I. PROJECT COST: Operating and Administrative $224,400.00 expenses associated with the provision of public transportation services in rural areas of Collier County. TOTAL PROJECT GOST: $224,400.00 PARTICIPATION: Maximum Federal Participation FTA, FAA (N/A%) or $ N/A Agency Participation In-Kind (N/A%) or $ N/A Cash (N/A%) or $ N/A Other ( 50 %) or $112,200.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) (N/A%) or Federal Reimbursable (DU)(FRA)(DFTA)( 50 %) or Local Reimbursable (DL) ( N/A%) or TOTAL PROJECT COST $ N/A $112,200.00 $N/A $224,400.00 1 of 2 m. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Depatunent's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 FINANCIAL PROJECT NO. 204787 1 84 01 CONTRACT NO. EXHIBIT "C" This exhibit forms an iniSgral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier Cour~_tY Board of County Commissioners. 3301 E. Tamiami Trail. Bldg. F. Naples. FL 34112. dated Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: Required Submittal Format The Agency shall submit invoices on forms provided by the Depat utaent and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 1 of 3 SECTIONS MARKED WITH AN 'X' ARE APPLICABLE TO TItIS AGREEMENT Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. N/A 2. Other contracts less than excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Required Submittals SUBMITTAL/CERTIFICATION X Procurement Requests Safety Compliance Specifications X Invoices Audit Reports Project Progress Reports (In Department approved format) Safety Requirements Agency Agency Agency Agency Agency Annually During Life of Project Agency Annually During Life of Project Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. 2 of 3 Federal Program Requirements X Section 5311 This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as emended (49 U.S.C. app. ,§ 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 653 and 654. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipiem shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in non-urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (EXHIBIT B). N/A Section 5310 This Agreement is in conformance with Section 5310 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. § 5310) and Section 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Depa,taient for Section 5310 funds. 3 of 3 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT NO. 00- 3031 WITH HANNULA LANDSCAPING, INC. FOR C.R. 951 PART "B" LANDSCAPE IMPROVEMENTS, PROJECT NO. 69118 OBJECTIVE: To receive Board approval for necessary contract modifications resulting from minor irrigation system changes, well relocation, water use permit application fee and existing tree relocation. CONSIDERATIONS: The Board of County Commissioners awarded Bid No. 00-3031, for $314,687.23 with Hannula Landscaping, Inc. on February 2, 2000, Item No. 16(B)(9), for C.R. 951 Part "B" Landscape Improvements. Change Order #1 was approved by staff for landscaping and irrigation construction activities necessary for the addition of the first median on Green Boulevard. These additional landscape improvements were approved by the Golden Gate Beautification Advisory Committee on April 11, 2000. Additional work has arisen on site necessary to complete the landscape improvements, thereby prompting this second Change Order. Attached is Exhibit E, Change Order #2 with a tabulation of the additional work. This change order includes the following additional items: 1. 14 control valves for the irrigation system, 2. Relocation of the irrigation well, 3. South Florida Water Management District water use permit application fee, 4. Electric service to the relocated well site, and 5. Removal of 16 existing Sabal Palm Trees. ~-~,FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $11,856 from the Golden Gate Beautification Fund Reserve account and appropriate into this project. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the change order in the amount of $11,856.00 and the necessary budget amendment ~ ~A~ ~g~er SUBMITTED BY: ~ t~ , Date: c~ _ 2 ~ - c~C) Gerald N.Kurtz, E.I.,tm e II, Transportation Engineering and Construction Management Department REVIEWED BY: Mitch Riley, P.E., Acting Direcffor Transportation Engineering and Construction Management Department ~or Edward ]. Kant, P.E., Director Transpd/tation Operations Department APPROVED BY. -Norr~tan Feder, AdministSator Tr~sportation Division Date: Date: TO: Harmula Landscaping, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 CHANGE ORDER # 2 FROM: Collier County Transportation and Construction Mana~emeni4~pt., Buildigg "D'5 9 ~ ~- 330 East Tamlam~ Traff, ~qaples, F onda 34112 PROJECT NAME: C.R. 951 Part "B" Landscape Improvements CONSTRUCTION AGREEMENT DATE: May, 2000 CHANGE ORDER NO.: 2 PROJECT NO.: 69118 BID NO.: 00-3031 DATE: September 21,2000 CHANGE ORDER DESCRIPTION: The Board of County Commissioners awarded Bid No. 00-3031, for $314687.23 with Hannula Landscaping, Inc. on February 2. 2000, Item No. 16(B)(9), for C.R. 951 Part "B" Landscape Improvements. Change Order #1 was approved by staff for landscaping and irrigation construction activities necessary for the addition of the first median on Green Boulevard. These additional landscape improvements were approved by the Golden Gate Beautification Advisory Committee on April 11, 2000. Additional work has arisen on site necessary to complete the median landscaping project, thereby prompting this second Change Order. Attached is Exhibit E, Change Order #2 with a tabulation of the additional work. This change order includes the following additional items: 1. 14 control valves for the irrigation system, 2. Relocation of the irrigation well, 3. South Florida Water Management District water use permit application fee, 4. Electric service to the relocated well site, and 5. Removal of 16 existing Sabal Palm Trees. ORIGINAL AGREEMENI AMOUNT ................................................................$314,687,23 PREVIOUS CHANGE ORDERAMOE.~T(NO.I) ..............................................$ 15,763,60 TH1S CHANGE ORDER AMOUNT (NO. 2) ........................................................$ 11,856,00 REVISED AGREEMENT AMOUNT .................................................................$342,306.83 ORIGINAL CONTtL~,CT TIME IN CALENDAR DAYS ................................................... 150 DAYS ADJUSTED NUMBER OF CALENDAR DAYS DUE TO PREVIOUS CHANGE ORDERS ........ N/A THIS CHANGE ORDER ADJUSTED TIME IS .................................................................16 DAYS REVISED CONTRACT TIME IN WORKING DAYS .................................................... 166 DAYS ORIGINAL NOTICE TO PROCEED DATE ............................................ APRIL 17, 2000 COMPLETION DATE BASED ON ORIGINAl. CONTRACT TIME ............... SEPT. 14. 2000 REVISED COMPLETION DATE DUE TO CHANGE ORDER(S) ............... SEPT. 30, 2000 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: G~urtz,~~ Date: ~t~ Tr~,rtation Engineering & Construction Management Department Accepted by: , .t~] ~,. 'k ~/~.~,,~--, Date: Harmulafigandscaping, lnc. Approved by: No~fian Fedfir: ~Administrator Date: T,r!nsportatioff Division No.-U} OCT 10 20OO pg EXHIBIT E ~CHANSE ORDER CHANGE ORDERNO. 002 CONTRACTNO. TO: Jerry-Kurtz Public 00-3031 DATE: 19 September 00 PROJECTNAME: CR951 South Landscape Improvements PROJECTNO.: 00-3031 Under our AGREEMENT dated 6/23/00 ,2000. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) ~l~l~ltqtiltr~ Sum of: Original Agreement Amount $, Sum of Previous Changes $. This Change Order (Add) ([j~x~t) $. Present Agreement Amount $ Eleven Thousand Eight Hundred Fifty Six and 00/100 314687.23 15763.60 11856.00 342306.83 The time for completion shall be (increased/decreased) by __ calendar days due to this Change Order. Accordingly, the Contract Time is now (__.) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: 19 September ,2000 CONTRACTOR: Hannula Landscaping Dale F. Hannula, Presiden~ By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 01/07/00 11:49 AM DESIGN PROFESSIONAL By: TR~CA-E-1 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE TRANSPORTATION ADMINISTRATOR OR THE TRANSPORTATION PLANNING DIRECTOR TO ENTER INTO, MODIFY OR TERMINATE THE JPA WITH THE FDOT UNLESS SPECIFICALLY RESCINDED OBJECTIVE: To approve the attached JPA for the purchase of five (5) paratransit vehicles (FDOT Financial Management Number 204474 1 94 03) and resolution authoriz'mg the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate the attached agreement (IPA) and applicable documents. CONSIDERATION: On February 22, 2000 the Collier County BCC authorized the Chairman to execute a Federal Transit Administration grant application requesting funds for the purchase of five (5) paratransit vehicles for the provision of public lxansportation services in the rural areas of Collier County. Funds from this grant will provide vehicles for transportation for people from the farm communities and other general public areas to various social services, day care facilities, shopping and to medical facilities. Funds from this grant will bc made available once the Florida Department of Transportation receives and executes the attached agreements. The agreements must be accompanied by a resolution approving the agreement and authorizing execution. FISC .AL IMPACT: The total amount of the grant is $175,000. The Federal share is $140,000, the State share is $17,500 and Collier County is to provide a $17,500 match. Funds for the match are budgeted in Metro Planning, Fund 126 in the FY 01 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board approve the agreement and any budget amendments necessary to receive and use these funds and that the Board authorize the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate the atta, eh~ Joint Partic. ipaJ/,on ~}gt~ement. Dax7id P. Hope,'Public ~'r~nlt~portation Manager Reviewed by: . ,/~2/~>~--~--- (-7/:,~.'-:-'z'. Date: ,' : '~ Gave, P.E., Transportation Planning Manager Approved by: ./¥~_ .~._*~J~' Date: ~' ~ "~4~ No~n,/in Feder, Transportation Services Administrator 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 204474 1 94 03 {Vehicle pumhase) is approved. That the Transportation Administrator or the Transportation Planning Director is authorized to enter into, modify or terminate the IPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS 10 DAY OF October, 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By:. By: Dwight E. Brock, Clerk Timothy J. Comtantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: OCT ! o 2000 I0 I1 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 RESOLUTION NO. 2000- A RESOLUTION OF TIlE COLLIER COLrNTY BOARD OF COUNTY COMl~IISSIONERS AUTItORIZING TIlE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITIl TIlE FLORIDA DEPARTMENT OF TRANSPORTATION. WIIEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Depa~iment of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended, NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 204474 1 94 03 ~ (Vehicle purchase) is approved. That the Transportation Administrator or the Transportation Planning Director is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS 10 DAY OF October. 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. ~YI'EST: COLLIER COUNTY BOARD OF COUNTY COIVI1VflSSlONERS By: By:. Dwight E. Brock, Clerk Timothy J. Constantine, Chatrman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi Ashton, Assistant County Attorney AGI~NDA ITEM OCT 1 0 2000 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund: 010 Financial Project No.: 20447419403 Function: 631 " (item.segmem-pnase-sequence) Contract No.: Federal No.: FL-16-0025 Catalog of Federal Domestic Assistance Number: 20.513 FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of State Financial Assistance Number: NIA THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F, Naples, Florida 34112 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter clescdbed, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 (1)(A) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Agency's acquisition of five (5) converted vans with wheelchair lifts as descibed in the Agency's Application for Federal Assistance dated February 1, 2000, on f~le in the Department, and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, ana to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. -- AGENDA J-T.,Et~ ¢ / No. } OCT I b 200 } P". I FORM 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement an~l is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the projeci account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made~ 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred '~ as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project rods in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security (~f public funds, or as approved by the Department. 7.30 Casts Incurred for the Project: The Agency shall charge to the project account all eligible casts of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7,40 Documentation of Project Costs: All costs charged to the project, including any approved serv!ces contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrells, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 0CT. O 2000 I FORM 72S~330q3~ PUBLIC TRANSP ADMIN - 07/00 Parle $ of 12 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department Transportation, District One Public Transportation Office Bartow , Florida, 33831-1249 its requisition on a form or ~orms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereoO to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 (1) (2) (3) For real property acquired, submit; the date the Agency acquired the real propert,J, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property: together with any attendant relocation of occupants was accomplis ~ed in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by.the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect "',' notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or ctata furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance bythe Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects ,'~3sts incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest 3roved budget for the project, and costs attributable to goods or services received under a contract or other .,rangements which have not been approved in writing by the Department. OCT 1 O 20OO .I 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accompJished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title Vl - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1868: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,at seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement nstitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the ,~derai government issued thereunder, and the assurance by the Agency pursuant thera[o. I I I 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment, 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes'of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error1 omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida ~tatutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executo~ only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Flodda Statutes. (b) It is unlawful for the Board of Counb/Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. OCT 1 o zotlo I FORM 725A3,30-436 PUBLIC TRANSP Ag3MIN - 07/00 Pagellof12 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connecUon with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (includin9 subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a reque§t for payment (voucher) to the Department of Banking and Finance. The '~Q days are measured from the latter of the date the invoice is received or the goods or services are received, inspected ? approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by catling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or rapair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY 'TVVO for a period of 36 months from the date of being placed on the convicted vendor list." FINANCIAL PROJECT NO.204474!94 03 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Depa~huent of Transportation and Collier County Board of Coun~ Commissioners. 3301 E. Tamiami Trail. Building F. Naples. FI 34112, dated PROJECT LOCATION: Collier County. PROJECT DESCRIPTION: Five (5) converted vans with wheelchair lifts as referenced in the Agency's Application for Federal Assistance dated February 1, 2000, on file in the Department. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. MULTI-YEAR OR PREQUAI.IlqED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 OCT 1 0 2000 SECTIONS MARKED WITH AN 'X' ARE APPLICABLE TO THIS AGREF~MENT Third Party Contracts The Depa~l~aent must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. N/A 2. Other contracts less than excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Required Submittals SUBMITTAL/CERTIFICATION Procurement Requests Safety Compliance Specifications Invoices Audit Reports X Project Progress Reports (In Department approved format) Safety Requirements X Agency Agency Agency Agency Agency Annually During Life of Project Agency Annually During Life of Project ~ - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. 2 of 3 2000 EXECUTIVE SUMMARY APPROVE BID #00-3144, "SR 951 AT FIDDLER'S CREEK MSTD ROADWAY GROUNDS MAINTENANCE." OB,~ECTIVE: To obtain Board approval for award of Bid #00-3144 for the SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance for FY 2000-2001 to Commercial Land Maintenance, Inc. CONSIDERATIONS: 1. On August 23, 2000, the Purchasing Department sent notices to fifty-four (54) vendors for the SR 951 at Fiddler's Creek MSTD Grounds Maintenance. 2. On August 31, 2000, a non-mandatory pre-bid meeting was held. On September 13, 2000, four (4) bids were opene& Three (3) of the four (4) bids were considered non-responsive leaving Commercial Land Maintenance, Inc. the only responsive bidder. 4. Staff recommends award of this Bid to Commercial Land Maintenance Inc., as the lowest, qualified and responsive bidder. ~2-3,,FISCAL IMPACT. Funds are budgeted in FY ,000-_001 in Fund 111. In addition to this base bid amount of $65,952.50, there will be a contingency amount added to safeguard the yearly incidentals/non-bid items that arise during the FY. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #00-3144 to Commercial Land Maintenance, Inc. for the SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. PREPARED BY: (./Z~? ~-~x~ce' DATE: Val Prince, Engineer II, Landscape Services Operations ,3Co.' Edward J. Kant, P.E., Transportation Operations Director REVIEWED BY: G~n,l~]tle~ Ir~r~m Purchasing Director Non~n E. Feder, AICP Transportation Administrator REVIEWED BY: Attachment OlD SEP 18 ~M 9:19 COLLIER COUNTY GOVERNMENT Support Services Division Purchasing Department Date: September 15, 2000 General Services Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 941/774-8425 FAX: 941/732-0844 http_ ://cu.culli~ .fl.us To: From: Re: Val Prince, Transportation Donna Williamson, Purchasing Technician Bid # 00-3144 SR 951 Fiddler's Creek MSTD Roadway Grounds Maint. Attached please find a copy of the bid and tab sheets for Bid # 00-3144 SR 951 Fiddler's Creek MSTD Roadway Grounds Maint. Please review each bidder's pricing, including checking the unit prices against the extended price. (mathematical calculations are not checked at tabulation) If other information was required, it has been noted in the tab sheet. If tab sheet has the notation "see bid", it means that there is additional information included in that bid that needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent low bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me. Thank you, Purchasing Technician Recommended Awardee(s): No. rt OCT 1 o 20O0 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 4 WITH APAC-FLORIDA, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE WIDENING OF IMMOKALEE ROAD FROM 1-75 TO COLLIER BOULEVARD (CR-951), PROJECT NO. 69101, CIE # 8 OBJECTIVE: That the Board of County Commissioners approve Change Order No. 4 for additional construction services for the widening of lmmokalee Road from 1-75 to Collier Boulevard. CONSIDERATIONS: On November 23, 1999, the Board of County Commissioners awarded a construction contract to APAC-Florida, Inc. for the widening of Immokalee Road from 1-75 to Collier Boulevard. Additional work is required for rock trenching, installation of a grinder station and the installation of casing pipes amounting to a total additional cost of $323,115.90. Rock excavation, in the amount of $29,964.00, will be required for the construction of a drainage ditch at the Pelican Nursery. This excavation will be accomplished using Rock Trenching. The soil borings did not pick up the sub-soil conditions in the area of the drainage ditch. A grinder station, in the amount of $28,412.90, is required in order to eliminate a sanitary drainfield, which was constructed to close to the road right-of-way, and connect the effluent to an existing sanitary force main along lmmokalee Road. Casing pipes, in the amount of $264,739.00, will enable utility services to be provided to recently approved and future developments. The casing pipes will protect the newly widened roadway and reduce potential damages to existing utilities by eliminating the need for jack and bore operations. The Wastewater portion is $63,947.50 and the Water portion is $200,791.50. These additional services are further described on the attached Change Order No. 4. Change Orders No. 1, 2 and 3 were administratively executed by staff and totaled $44,625.04 FISCAL IMPACT: Funds in the amount of $58,376.90 are available in the Road Construction District 1 Impact Fee Fund, source of funds are Impact Fees. Funds in the amount of $63,947.50 are available in the Wastewater Capital Fund, source of funds are User Fees. $84,000 is available in the Water Capital Fund. A budget amendment is needed to transfer $116,791.50 from Water Capital Reserves and appropriate in the project. Source of funds are User Fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Change Order No. 4 in the additional amount of $323,115.90 and authorize the Transportation Engineering and Construction Management Director to execute the Change Order and approve the necessary budget amendment. t~I3END^ IIEM No._/f-,'~ ~/~, 0 C T 1 0 SUBMITTED BY: ,a~ . . Date: Richard J. Hellriegel, P.E., Senior Project Manager Transportation Engineering and Construction Management Department REVIEWED BY: ,~ ~ ~',,. . ,c e2z_3 Date C~l,l~.. Mitch Riley, P.E., Acting Director Transp~ftion Engineering and Construction Management Department APPROVED BY: ~7/~. t~. 4~ ~).!(x~~7-~ Date No'rrn~n Feder, Administrator Tr~fJ~ortation Division Attachments: Change Order No. 4 CHANGE OR:DER TO: APAC-Florida, Inc. 911 Fifth Street SW Naples, FL 34117 Project Name: Agreement Dated: Change Order No.: FROM: Collier County Transportation Engineering & Construction Management Department 3301 East Tamiami Trail Naples, Florida 34112 CR 846 ( Immokalee Road) from 1-75 to CR 951 P.O, No.: Date: September 21, 2000 Four (4) Contract No.: 99-2992 Change Order Description: This Change Order covers the cost of Rock removal at the Pelican Nursery, Removal of a drain field and installation of a grinder station at Laurel Lakes and Install casings for existing and future utility crossings and time extension. (See attached summary and documentation) Original Agreement Amount ............................................................. Sum of previous change orders amount ................................................. This Change Order Amount .............................................................. Revised Agreement Amount .............................................................. 6,747,845.46 46,625.04 323,115.90 7,117,586.40 Original contract time in calendar days .................................................. Adjusted number of calendar days due to previous change orders This change order adjusted time is Revised Contract Time in calendar days 410 0 96 506 Original Notice to Proceed date Completion date based on original contract time .......................................... Revised Completion date ?ebruary 1,2000 July 6, 2001 October 4, 2001 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor dr/sing out of, or related to, the change set forth herein, including claims for iraFact and delay costs. /Ma~eaverson, Proj~ct~anager/Johnson Engineering. Inc. ~ & CMD Project Manager (Sign and pdn~r ~pe name) S.eptember 21, 2000 Date Date Date Approved by: Authorized by: ~l~-~'a~&,~-O~g,~bDi~or (Sign and print or type name) ,~I..* ,', .,~ .~, .~ ,,~".~'D.~.~ . Ao r-, ,r¢,~ r',~, ~'~ Date CHANGE ORDERSUMMARY Project: Immokalee Road (Four Lane Improvements from 1-75 to C.R. 951 ) Project No.: 69101 Contract No: 99-2992 Contractor: APAC-Florida, Inc. Change Order No.: 4 Date: September 21,2000 Issue 1: Rock Removal at Pelican Nursery: Description: This Change Order covers the additional cost of rock removal in the excavation of the Pelican Nursery Ditch relocation (See attached letter "Intent to file Claim No. 2"), The method of rock removal will be rock trenching (See attached Cost provided by contractor via Letter dated July 3, 2000). An effort to remove the rock utilizing regular excavation equipment has been unsuccessful due to the thickness and rock density. The soil borings included on the plans did not adequately represent the sub-soil condition in this area. Also, included is the correspondence pertaining to this change. Presented below are the new pay items to be included in the contract by this Change Order: Item Number Description Quantity Unit I Unit Price Amount 120-4 Subsoil Excavation (200) CY $10.83 ($ 2,166.00) Reduce to 0 120-1A Excavation of Rock (Pelican 1 LS $32,130.00 $ 32,130.00 Add Pay Item Nursery Ditch Re[ocation) I ~ Total: $29,964.00 Issue 2: Remove Drain Field and Install Grinder Station at Laurel Lakes Description: This change order covers the cost of removing an existing drain field that was permitted too close to the right of way and will interfere with the proposed new roadway improvement. Since there is not enough room on the property to relocate the drain field it was decided by Collier County to replace the drain field with a small grinder station for connection to the force main along Immokalee Road. This property is currently under development and will be connected to the force main in the future. At that time the grinder will be salvaged. One other conflict that developed was with the sidewalk modification. If the drain field had been left in place the sidewalk that is planned in an easement just behind the right of way line, would have crossed directly over the drain field. Presented below are the new pay items to be included in the contract by this Change Order: fitera Number Description 5500-GR *Remove Existing Drain Fietd and install Grinder Station tieqn to FM Quantity * See attached letter from APAC for detail Unit LS Unit Price Amount $ 28,412.90 $ 28,412.90 Total: $ 26,412.90 Issue 3: Install casing at all utility crossings existing and future. Description: This change order covers the cost of installing, extending and straightening all utility casings for all existing and known future utility crossings of Immokalee Road. Please see the attached plan and APAC's Pricing Schedule based on the Plans. Note: these quantities could be reduced by developers installing their own casings in order to have access to the mains before the completion of this roadway improvement project. Presented below are the new pay items to be included in the contract by this Change Order: ]item Number Description Quantity Unit Unit Price Amount 121-70 Row-able Fill for Encasemeet10 CY $158.00 $ 1,580.00 425*5 Adjust Valve Box (Sewer) 1 EA $ 348.00 $ 348.00 425-8 F & I Conflict Box ( 12' FM)1 EA $7,630.00 $ 7,630.00 455-107-03 F & I 4' Steel Casing 126 LF $ 40.00 $ 5,040.00 455-107-03A F & I 4" Steel Casing w/~pacers114 LF $ 53.00 $ 6,042.00 455-107~)5 F &l 8" Stee~ Casing 70 LF $ 50.50 $ 3,535.00 455-107~)8 F&I 14" SteelCasing 58 LF $ 58.25 $ 3,378.50 455-107~8A F&I 14" SteelCasing-w/spacers173 LF $94.00 $16,262.00 455-107-08B F & I 14" Steel Casing w/soacers split70 I LF $173.60 $ 12,152.00 I 455-107~9 F &l 16" Steel Casing 55 LF $ 63.90 $ 3,514.50 455-107-09A F&l 16" SteelCasing ',v/spacers 315 LF $123.20 $ 38,808.00 455-107-09B F&t 16" SteelCasiug w/spacers-split130 LF $ 196.00 $ 25,480.00 455-10%11 F & I 20' Steel Casing 70 LF $ 95.20 $ 6,664.00 455-107-11A F & [ 20" Steel Casing wl spacers 90 LF $145.60 $13,104.00 455.107-13 F & I 24" Steel Casing 250 LF $109.80 I $ 27,450.00 455-107-13A F&r 24" SteelCasing w/spacers 130 LF $170.30 $ 22,139.00 455-107-13B F & I 24' Steel Casing w/spacers split66 LF $ 224.00 S 14,784.00 15004~00.18 Plug & Remove FM Service. 6"(2) & 8'3 EA $ 41592.00 $ 13,776.00 1600-800-18 Plug & Remove WM Service-8" t EA $ 3,500.00 $ 3,500.00 1600-800-19 Plug & Remove WM Service- 12" I EA $ 4,144.00 $ 4,144.00 1518-180-306 6' Force main- Restrained 110 LF $ 47.00 $ 5,170.00 1518-160-308 8' Force main-Restrained 55 LF $ 49.30 $ 2,711.50 1617-140-108 8' PVC Wate¢ Main Restrained 125 LF $ 49.30 $ 6,162.50 1617-140-112 12" PVC Water Main Restrained 75 LF $ 56.00 $ 4,200.00 1617-740-110 Extend 10' WM- Restmined-w/app, 55 LF I $ 84.00 $ 4,620.00 1642.815410 Relocate 10" GV & Blow~ff w/acp.1 EA $ 4,928.00 $ 4,92800 1643-111-1I 2 12" Gate valve and tapping Sleeve wl1 EA $ 7,616.00 $ 7,616.00 i____ Hot tap I Total: $264,739.00 Issue: 4: Contract Time Extension Description: Due to the extensive additional work added by this change order and the effect on the contract schedule APAC-Florida will require and additional 96 days to complete the work added by this change Order. Original Contract Time (Days) 410 Change Order No. 4 Time Extension Requested (Days) 96 New Contract Time (Days) 5O6 CHANGE ORDER No. 4 (Summary) Issue Description Amount 1 Rock Removal at Pelican Nursery $29,964.00 Remove Drain Field and Install Grinder Station 2 at Laurel Lakes $ 28,412.90 3 Install casing at all utility crossings existing and future $ 264,739.00 4 Add 96 day Time Extension NA TOTAL Change Order No.4 $323,115.90 EXECUTIVE SUMMARY AMEND WORK ORDER TS-BL-9908, TO PROVIDE ADDITIONAL CONSTRUCTION WORK FOR THE BAYSHORE DRIVE BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT (MSTU) LANDSCAPING PROJECT. OBJECTIVE: To enhance the quality of life for Bayshore residents through the improvement of roadway landscaping. CONSIDERATIONS: The Board of County Commissioners approved Work Order TS-BL- 9908 to Bother Land Design, Inc., in the amount of $72,270.00, on June 8, 1999. Purchase Order #916588 was opened for that amount. Several change orders and modifications have been made and the current Purchase Order amount is $112,163.00. Additional construction work for the intersection at Becca Avenue and landscape of the Windstar medians is necessary in the continuing design development and construction document phase of this project. The cost of this additional work is $2,780.00 and is outlined in the attached change order. A Purchase Order Modification in the amount of $2,780.00 was done on August 21, 2000. FISCAL, IMPACT: This additional construction work, in the amount of $2,780.00 will be paid for by the Bayshore Beautification MSTU. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the amendment to Work Order TS-BL-9908, with Bother Land Design, Inc. SUBMITTED BY: ~ Robert t'etersen, Engineer II, Landscape Operations REVIEWED BY: .~/'/tJ,'~ Gwen Butler, Interim Purchasing Director REVIEWED BY: M~ V /~- ,~,' Edwarg/~. Kant, !~,lransportation Operations Director APPROVED BY: North E. Feder, AICP, Transportation Administrator DATE: ?' DATE: /~1/~ ~'/~ ' DATE: c'~ DATE: ~'~'~ No. SEP 2 8 2000 COLLIER COUNTY TRANSPORTATION SERVICES DEPARTMENT CONTRACT CHANGE ORDER Bayshore MSTU PROJECT NAMErDESCRIPTION Botner Land Design CONTRACTORJVENDOR DESCRIFTION/JUSTIFICATION (SEE SHEET 2 OF 2) CHANGES 1N QUANTITIeS/PAY ITEM ITEM DESCRIPTION UNIT (SEE SHEET 2 OF 2) NET PRICE ADJUSTMENT 66069 PROJECT NO. 6 CHANGE ORDER NO. 98-2777 BID NO. CHANGES PRICE UNIT INCREASE X DECREASE [] QUANTITY AMOUNT NO CHARGE [] AMOUNT IN WORDS: Two Thousand Seven Hundred Eighty Dollars and 00/100 $2~780.00 TO BE NEGOTIATED [] DIRECTED CHANGE X FORCE ACCOLINT [] TIME ADJUSTMENT INCREASE [] DECREASE [] NO CHANGE X NO. DAYS ADJUSTED REVISED CONTRACT COMPLETION DATE APPROVALS: S/ COUN,.T~Y MANAQER , s/ .. '~ ..... //,_~27t,~ '~ INTI~. Mf~P_U~. ~-:H~ D1RECTOR CONTRACTOR ADMINISTRATOR D~CTOR ] S/ ~~ .~'""~ SEAL) CON"rRACTORNENDbR BY (SEAL) SECRETARY ~' S/ (SEAL) SURETY $2,780.00 VALUE THIS CHANGE ORDER $72,270.00 ORIGINAL CONTRACT AMOUNT $109,383.00 CURRENT CONTRACT AMOUNT 2.5% % THIS C.O. $112,163.00 REVISED CONTRACT 53.9% CUMULATIVE % ALL C.O.' s SHEETlof1 COLLIER COUNTY TRANSPORTATION SERVICES DEPARTMENT Bayshore MSTU PROJECT NAME/DESCRIPTION Botner Land Design CONTRACTOR CONTRACT CHANGE ORDER CONTINUATION SHEET 66069 PROJECT NO. 6 CHANGE ORDER NO. 98-2777 BID NO. DESCRIPTION/JUSTIFICATION Increase for additional construction work for Bayshore Drive Beautification. See attached Supplemental Agreement #6 to Work Order TS-BL-9908 and related backup. CHANGES IN QUANTITIES/PAY ITEMS ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 1 Principal ~a ! $105.00 8 hrs. $ 840.00 2 Associate Ea $ 55.00 32 hrs. $1,760.00 3 Clerical Ea $ 30.00 6 hrs. $ 180.00 TOTAL THIS CHANGE ORDER $2,780.00 OCT 10 Z uJ SHEET 2 of 2 SUPPLEMENTAL AGREEMENT # 6 (Fixed Term Professional Landscape Architectural Services: RFP 98-2777) Dated July 28, 1998 This Supplemental Agreement is for professional landscape architectural services for work known as: Bayshore Drive Beautification Additional Construction Work The work is specified in the proposal dated 4/24/00 . which is attached hereto and made a part of this Supplemental Agreement In accordance wilh the Terms and Conditions of the #RFP 98- 2777. this Supplemental Agreement ~s altached to Work Order # TS-BL-9908. which is assigned to Bother Land Design, Inc. (Firm Name) Spope o~ Work: As detailed in the attached proposal dated April 24, 2000 Schedule of Work: Complete work within 30 days from receipt of the Notice to Proceed authorizing start of work Compensatton: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negoliated lump sum or time and material amount provided in the schedule below (if a task is t~me and malerial. so indicate and use the established hourly rate(si as enumerated in Schedule "A" of the Agreement). Principal Associate Clerical Total 8 hrs ~ $105/hr ......... $ 84000 32 hrs @ $55/hr ..... $1.76000 6 hrs @ $30/hr $ 18000 $2,780.00 Original Work Order Amount Ne~x Work Order Amount 70.00 $112,163.00 TOTAL FEE An) change within monetar) authorit) of this Supplemental Agreement made subsequent to final department approval ~ill be considered an additional service and charged according to Schedule "A' of the Agreement. Robert Petersen, Engineer IL Landscape Operations Date ~,~ Edw, ard J Kant, P.E.. Trans. Operations Director Date ACCEPTED BY: BOTNER LAND DESIGN, INC. Date Type or Pnnt Name and Title EXECUTIVE SUMMARY CERTIFY FINANCIAL RESPONSIBILITY FOR SOUTH REGIONAL WATER TREATMENT PLANT REVERSE EXPANSION DEEP INJECTION WELLS, PROJECT 70054. COUNTY OSMOSIS OBJECTIVE: To obtain Florida Department of Environmental Protection (FDEP) permits to construct deep injection and monitoring wells for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion which is to be constructed to meet the County's future potable water demands. CONSIDERATIONS: On August 3, 1999, the Board per Agenda Item 16(B)(I 1) awarded the contract for design and construction services for the SCRWTP Reverse Osmosis Expansion to Metcalf & Eddy, Inc. The proposed reverse osmosis process will remove impurities from the brackish raw water supply. About seventy percent of the raw water is recovered as potable drinking water while the remaining salty water byproduct is disposed via deep injection wells. Two deep injection wells with one monitoring well are being designed and permitted for the SCRWTP Reverse Osmosis Expansion. The FDEP rules require that a permittee for Class 1 deep injection wells demonstrate and maintain financial responsibility indicating they have the financial capability and plan for plugging and abandonment (P&A) of deep injection wells and associated monitoring well if necessary. The attached certifications shows cost estimates for P&A to be $400,150 for Injection Well IW-1 and Deep Zone Monitoring Well DZMW-1; and $330,400 for Injection Well IW-2. FISCAL IMPACT: No funds are presently needed. In the event funds are needed to plug and abandon any of the proposed wells, the source of funds will be utility user fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet future- growth potable water demands in the south service area as recommended in the 1996 Water Master Plan Update adopted by the Board on October 22, 1996, Agenda Item 8(B)(1). The SCRWTP Reverse Osmosis Expansion is projected to meet the additional water demand needs through 2015. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, authorize the Chairman to sign the Certifications of Financial Responsibility required to be submitted with the SCRWTP Reverse Osmosis Expansion deep injection well permit applications. Executive Summary Certify Financial Responsibility for SCRWTP Reverse Osmosis Expansion Deep Wells Page 2 PREPARED BY: '-~ ~- ~'~' ~/,~,~7~,~ - DATE: Mohan V. Thampi, P.E.,~ Project Manager Public Utilities Engineering Department REVIEWED BY: ~.C~--'-~/, ~ ~ Karl Boyer, P.E., Interim Director Public Utilities Engineering Department DATE: REVIEWED BY: /' Paul Mattausch, Water Director Public Utilities Division REVIEWED BY: F,.,dw/ar~. Fit~,n, l~terim Administrator P--u-'61ic ~ltilities Division DATE: DATE: MVT:mvt 0£ T 1 0 ~000 CERTIFICATION OF FINANCIAL RESPONSIBFI JTY The Collier County, a unit of local government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and abandon its Class I underground injection well(s) and related monitoring wells, as required by Chapter 62-528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on JuN 26, 2000, shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in any one year shall require submission of an updated certification form. List of Injection Wells Covered By This Agreement: lW-t and DZM~V-1 (for each injection well list the following information) Facility Name: South County Regional Water Treatment Plan Facility Address: 3851 Utilities Drive. Naples. FL 34117 Facility Contact: Paul Mattausch. Water Director Phone Number: 941-352-7002 LatitudefLon~tude of Injection Well: 26° 09' 52" N / 81° 40' 58" W DEP/EPA Identification Number: FLS Current Plugging and Abandonment Cost Estimate: $400.150 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNrTy, FLORIDA Approved as to form and legal sufficiency: By: TIMOTHY J. CONSTANTL~TE, CHAIRMAN David C. Weigel County Attorney I iiooo / COLLIER COUNTY CONCENTRATE DISPOSAL SYSTEM Plugging and Abandonment Plan This plugging and abandonment plan addresses the procedures to be implemented should the injection well(s) and/or monitor well have to be abandoned. The plugging and abandonment plan is designed to seal the well(s) and therefore prohibit the injection and movement of fluids within aquifers. The'~pecific procedures for the plugging and abandonment are as follows: Concentrate Disposal Well (procedure for each iniection well/ 1. Mob~ize necessary equipment. 2. Control artesian flow (use salt or mud) 3. Remove wellhead assembly 4. Remove hangar for liner and tubing 5. Fill open hole section within 20 feet of bottom of casing with gravel (pea gravel) 6. Fill remaining open hole with 6/20 silica sand within ten feet of the bottom of the casing (at least ten feet of grout shall be placed betow the bottom of the casing) 7. Place sufficient neat cement via tremie pipe by ~ressure grouting from bottom up to land surface 8. Complete greufing by leveling off grout and capp~ng top of well three feet above land surface 9, Demobilize equipment and restore site to odginal status Note: Tag top of sand and cement with tremie line prior to proceeding with next stage. Dual-Zone Monitorinq Well Mobilize necessary equipment. 2. Control artesian flow (use salt or mud) 3. Remove wellhead assembly Place sufficient neat cement into the lower monitor zone via tremie pipe by pressure groufing from bottom up to land surface 5. Inject neat cement into upper monitor zone annuius via tremie pipe by pressure grouting from bottom up to land surface 6. Complete groufing by leveling off grout and capping top of well three feet above land surface 7. Demobilize equipment and restore site to odginal status Note: Tag top of sand and cement with fi'emie line or wire line prior to proceeding with next stage. OCT 1 o 2oo0 TABLE 7-1. ESTIMATED PLUG AND ABANDONMENT COSTS INJECTION WELLS AND DUAL-ZONE MONITOR WELL (All costs are in year 2000 dollars) Injection Well (per well) Consulting $31,000 1 $31,000 Mobilization $68,000 1 $68,000 Kill well, salvage wellhead$5,000 1 $5,000 equipment Geophyslca logging $70,000 1 $70,000 Fill open hole with gravel$3 per cubic foot 8,500 $25,500 to 10 feet below base of the iniecfion casing Set bridge plug and $3,000 + $15 per cubic 7,500 $115,500 cement injection casing tofoot surface Cut off above ground $14,500 1 $14,500 casing sections, install monument, and dg time Subtotal $330,400 Dual Zone Monitor Well Consulting $7,700 1 $7,700 Mobilization $17,000 1 $17,000 Kill well, salvage wellhead$5,000 1 $5,000 equipment Geophysical logging $12,500 1 $12,500 Cement well to surface $15 per cubic foot 1,750 $26,250 Cut off above ground $1,300 1 $1,300 casing sections, install monument, and rig time Subtotal $69,750 ITotal cost to plug and abandon 2 injection wells and I dual-zone monitor well $730,550.00 OC? I 0 2000 ~.~. ,, CERTIFICATION OF FINANCIAL RESPONSIBILITY The Collier County, a unit of local government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and abandon its Class I underground injection well(s) and related monitoring wells, as required by Chapter 62-528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on July 26, 2000, shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in any one year shall require subrmssion of an updated certification form. List of Injection Wells Covered By This Agreement: lW-2 (for each injection well list the following information) Facility Name: South County Regional Water Treatment Plan Facility Address: Facility Contact: Paul Mattausch. Water Director Phone Number: 941-352-7002 Latitude/Lon~tude of Injection Well: DEPFEPA Identification Number: FLS Current Plugging and Abandonment Cost Estimate: 3851 Utilities Drive. Naples. FL 34117 26° 09' 52" N / 81° 41' 02" W $330.400 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Flor/da Department of Environmental Protection. ATTEST: BO.~RD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUq'qTY, FLORDA Approved as to form and legal sufficiency: By: TIMOTHY J. CONSTANTINE, CHAIRMAN David C. Weigel County Attorney OCi' 1 o 2000 COLLIER COUNTY CONCENTRATE DISPOSAL SYSTEM Plugging and Abandonment Plan This plugging and abandonment plan addresses the pmcadures to be implemented should the injection well(s) and/or monitor well have to be abandoned. The plugging and abandonment plan is designed to seal the well(s) and therefore prohibit the injeclJon and movement of fluids within aquifers. The'specific procedures for the plugging and abandonment are as follows: Concentrate Disposal Well (procedure for each injection well) 1. MobDize necessary equipment. Control artesian flow (use salt or mud) 3. Remove wellhead assembly 4. Remove hangar for liner and tubing 5. Fill open hole section within 20 feet of bottom of casing w~ gravel (pea gravel) 6. Fill remaining open hole with 6/20 silica sand within ten feet of the bottom of the casing (at least ten feet of grout shall be placed below the bottom of the casing) 7. Place sufficient neat cement via tremie pipe by pressure grouting from bottom up to land surface 8. Complete grouting by leveling off grout and capping top of well three feet above land surface Demobilize equipment and restore site to odginal status Note: Tag top of sand and cement with ~remie line prior to proceeding with next stage. Dual-Zone Monitodn.q Wetl - 1. - Mobilize necessary equipment. 2, Control artesian flow (use salt or mud) 3. Remove wellhead assembly 4. Place sufficient neat cement into the lower monitor zone via tremie pipe by pressure groutJng from bottom up to land surface 5. Inject neat cement into upper monitor zone annulus via tremie pipe by pressure grouting from bottom up to land surface 6. Complete grouting by leveling off grout and capping top of well three feet above land surface 7. Demobilize equipment and restore site to original status Note: Tag top of sand and cement with b'emie line or wire line prior to proceeding with next 1 2000 TABLE 7-1. ESTIMATED PLUG AND ABANDONMENT COSTS INJECTION WELLS AND DUAL-ZONE MONITOR WELL (All costs are in year 2000 dollars) Injection Well (per well) Consulting $31,000 I $31,000 MobilizaUon $68,000 I $68,000 Kill well, salvage wellhead$5,000 1 $5,000 equipment Geophysical logging $70,000 I $70,000 Fill open hole with gravel$3 per cubic foot 8,500 $25,500 to 10 feet below base of the injection casin~l Set bddge plug and $3,000 + $15 per cubic 7,500 $115,500 cement injection casing tofoot surface Cut off above ground $14,500 1 $14,500 casing sections, install monument, and rig time Subtotal $330,400 Dual Zone Monitor Well Consulting $7,700 1 $7,700~ Mobilization $17,000 1 $17,000~ Kill well, salvage wellhead$5,000 I $5,000 equipment Geophysical logging $12,500 I $12,500 Cement well to surface $15 per cubic foot 1,750 $26,250 Cut off above ground $1,300 I $1,300 casing sections, install monument, and dg time Subtotal $69,760 ~mTOtal cost to plug and abandon 2 injection wells and I dual-zone' I onitor well I $730,5~0.00 ~'[4-04~.0M2 EXECUTIVE SUMMARY AUTHORIZE PUBLIC UTILITIES ADMINISTRATOR TO ACCEPT DEPARTMENT OF ENVIRONMENTAL PROTECTION SETTLEMENT OFFER OBJECTIVE: To allow certification and permitting of the South Water Treatment Facility lime silo system to proceed, staff is seeking authorization to enter into a consent agreement and pay a $500 penalty assessed by the Florida Department of Environmental Protection (FDEP) for failure to obtain dust collection system construction permits. CONSIDERATION: The dust collector system for the lime silo at the South County Regional Water Treatment Facility was replaced due to deterioration of the existing system. It was replaced with a dust collector system of similar specifications, but different manufacturer. Staff incorrectly assumed that a permit from the FDEP was not required. When the lime silo was inspected, staff from the FDEP noted the replacement equipment and cited the Water Depar[ment for not obtaining a permit to replace the equipment. Staff has been working with FDEP to resolve this issue. An after the fact construction permit was prepared and submitted. FDEP has agreed to approve the equipment replacement and re-issue the operating permit for the lime silo system. Staff is recommending authorization to execute the Settlement Agreement and pay a $500 civil penalty so that certification and annual permitting of the system may proceed. FISCAL IMPACT: Adequate funds are budgeted to pay the civil penalty of $500 in the South County Regional Water Treatment Facility budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners the Governing Board of Collier County Water-Sewer District approve the payment of the civil penalty in the amount of $500 and authorize the Public Utilities Administrator to execute the Settlement Agreement. SUBMITTED BY: _/,'./~.j'j~'~'~""~ . Date: /7.~ HaulIVlar[ausch,WaTeruirec[or APPROVED BY; '" "'¢ " .,~: ./../ Date: ~ E~vard.R. Finn, Interim Public Utilities Administrator' OCT 1 O 2000 Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 September 12, 2000 David B. Struhs Secretary CERTIFIED MAIL # 7000 0600 0023 1555 7968 RETURN RECEIPT REQUESTED Mr. Edward Finn Collier County Public Utilities 3301 East Tamiami Trail Naples, Florida 34112 Re: Collier County - AP Proposed Settlement of Collier CounU Public Utilities vs. FDEP OGC File No.: 00-1691-11-AP Southwest Coast EMA Dear Mr. Finn: The purpose of this letter is to complete the resolution of the matter previously identified by the Department in the Waxning Letter dated October 8, 1999 a copy of which is attached. The corrective actions required to bring your facility into compliance have been performed. In order to resolve the matters identified in the attached Warning Letter, you are assessed civil penalties in the amount of $500.00. This payment must be made payable to the Department of Environmental Protection by cashier's check or money order and shall include the OGC File Number assigned above and the notation "Ecosystems Management and Restoration Trust Fund." Payment shall be sent to the Department of Environmental Protection, South Florida District, Post Office Box 2549, Fort Myers, Florida 33902-2549 within 30 days of your signing this letter. Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter on these terms. If you elect to sign this letter, please return it to the Department at the address indicated above. The Department will then countersign the letter and file it with the Clerk of the Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Department, which shall be enforceable pursuant to Section 120.69 and 403.121, Florida Statutes. OCl' 1 O 2000 SHORT FORM CONSENT ORDER Collier County Public Utilities September 12, 2000 Page Two If you do not sign and return this letter to the Department at the District address by September 30, 2000, the Department will assume that you are not interested in settling this matter on the above described terms, and will proceed accordingly. None of your rights or substantial interests are determined by this letter unless you sign it and it is filed with the Department Clerk. Please return this entire document including attachments to the Department. A complete copy of this document will be forwarded to you upon execution of the Order. I£you have any questions please contact at (941) 332-6975 Dlncerely.~ Richard ~q. Cantrell D(rector of District Management I ACCEPT THE TERMS OF THIS SETTLEMENT OFFER. For Collier County Public Utilities: By: Date: Edward N. Finn, Interim Public Utilities Administrator Please do not write below this line. For DEP use only. Entered into this day of 2000, in Fort Myers, Florida. Clerk Stamp FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), Florida Statutes, with the designated agency Clerk, receipt of which is hereby acknowledged. (Clerk) RWC/SCC/jw Attachment (Date) For the DEP: Richard C. Cantrell Director of District Management State of Florida Department of Environmental Protection OCT 1'0 2000 EXECUTIVE SUMMARY ftDOPT A RESOLUTION TO CONVEY A GRANT OF UTILITY EASEMENT TO SPRINT- FLORIDA, INCORPORATED, AT GOLDEN GATE COMMUNITY PARK. OBJECTIVE: To adopt a Resolution to convey a Grant of Utility Easement to Sprint for property located on Recreation Lane in Golden Gate Community Park. CONSIDERATION: Sprint requires a Grant of Utility Easement east of Santa Barbara Boulevard on Recreation Lane, in order to install, operate and maintain communication facilities and equipment designed to enhance and upgrade Sprint's service capabilities. The Parks and Recreation Department has reviewed the boundary survey and approved the location of the easement on park property. In exchange for the Grant of Utility Easement, Sprint has submitted a bid to pay the County $10,000.00 and to install improvements, approved by Collier County, that will enhance the Easement Area and to pay for all costs of the conveyance of the Grant of Utility Easement, including the cost of legal advertising (which has been published in the Naples Daily News), as required pursuant to Section 125.35, Florida Statutes. In the event Sprint fails to use the easement area for the intended purpose, they will be required to vacate, cancel and annul the easement and remove any structures and/or equipment which may remain within the easement, within 14 days of receipt of notice from the County. SCAL IMPACT: The $10,000.00 received from Sprint will be deposited into the Parks and Recreation Kevenue Account. Reimbursements from Sprint for all costs associated with the conveyance of the Grant of Utility Easement (including the cost of the legal advertisements) will be deposited into the Parks and Recreation Maintenance Account. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: I. Adopt the attached Resolution and authorize its Chairman to execute same on behalf of the Board; and Authorize the Chairman to execute any and all conveyance documents, once approved by the Parks and Recreation Department and the Office of the County Attorney, which are related to this project in order to convey a Grant of Utility Easement; and 3. Authorize Staff to record all peCnent documentation in the Public Records of Collier County, Florida. / SUBMITTEDBY:_~; · . .t. · · - ~ DATE: - - J. Keith Gomez, Real Property Specialist II, Real Property Management Department REVIEWED BY: ¥ [./\0~'~c~ ~ ,r~gs ~. DATE: ? Marla Ramsey, Directorates an~'Recreation Department Leo E. Ochs, !r., Adminis~[c~r, Public Services Division Agenda Item CT t U 2088 2 3 7 9 20 22 23 26 27 28 29 30 32 33 35 39 40 42 43 44 46 49 50 52 60 62 RESOLUTION NO. 2000- A RESOLUTION TO CONVEY A GRANT OF UTILITY EASEMENT TO SPRINT-FLORIDA, INCORPORATED, FOR COMMUNICATION FACILITIES TO BE LOCATED AT GOLDEN GATE COMMUNITY PARK WHEREAS, Sprint-Florida, Incorporated, ("SPRINT") has requested a Grant of Utility Easement from Collier County in order to install, operate and maintain communication facilities and equipment designed to enhance and upgrade SPRINTS service capabilities for area residents; and WHEREAS, Collier County is desirous of providing SPRINT with a Grant of Utility Easement for the purpose of installing, operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals, or other related structures and fixtures, all to be located within the easement area; and WHEREAS, Collier County finds that the communication facilities and equipment to be installed within the easement area will enable SPRINT to improve service to area residents and that there will be a general public benefit as a result of the conveyance of a Grant o£ Utility Easement to SPRINT; and WHEREAS, in exchange for said Grant of Utility Easement, SPRiNT has agreed to pay Collier County $10,000.00 and to install improvements, approved by Collier County, that will enhance the Easement Area and to pay for all costs of the conveyance of the Grant of Utility Easement; and WHEREAS, Pursuant to Section 125.35, Florida Statutes, legal notices have appeared in the Naples Daily News. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby approve the conveyance of a Grant of Utility Easement to be located on property at the Golden Gate Community Park, as described in Exhibit "A", in exchange for compensation in the amount of $10,000.00 and to install improvemenls, approved by Collier Coumy, thal will enhance the Easement Area and to pay for all costs of the conveyance of the Grant of Utility Easement. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute any and all conveyance documents, once approved by the Parks and Recreation Department and the Office of the County Attorney, which are related to this project in order to convey a Grant of Utility Easemere to Sprint-Florida, Incorporated. This Resolution adopted this day of majority vote. ,2000, after motion, second and ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to legal form and sufficiency: Heidi F. Ashton Assistant County Attorney Pg' ~'~ ,d OCT 1 o OCT 1 000 o OUVA3~noe V~a~ VJN Agenda ~tem ~o._~ ~ / OCl 1 0~00 EXECUTIVE SUMMARY · DOPT A RESOLUTION, APPROVE AN EASEMENT AGREEMENT AND CONVEY A GRANT OF UTILITY EASEMENT TO SPRINT-FLORIDA, INCORPORATED, IN ISLES OF CAPRI. OBJECTIVE: To adopt a Resolution, approve an Easement Agreement between Collier County ("County") and Sprint-Florida, Incorporated, ("Sprint") and convey a Grant of Utility Easement to Sprint for property located on Isles of Capri Park-West, on the west side of Capri Boulevard (A.K.A. Griffis Highway). CONSIDERATION: Sprint requires a Grant of Utility Easement near the intersection of Capri Boulevard and Tahiti Street in order to operate and maintain communication facilities and equipment designed to enhance and upgrade Sprint's service capabilities. The Parks and Recreation Department has reviewed the boundary survey and approved the location of the easement on park property. In exchange for the Grant of Utility Easement, Sprint has submitted a bid to pay the County $5,000.00 plus all costs associated with the conveyance of the Grant of Utility Easement, including the cost of the legal advertising (which has been published in the Naples Daily News), as required pursuant to Section 125.35, Florida Statutes. In the event Sprint fails to use the easement area for the intended purpose, they will be required to vacate, ..-cancel and annul the easement and remove any structures and/or equipment which may remain within the sement, within 14 days of receipt of notice from the County. FISCAL IMPACT: The $5,000.00 received from Sprint will be deposited into the Parks and Recreation Revenue Account. Reimbursements from Sprint for all costs associated with the conveyance of the Grant of Utility Easement (including the cost of the legal advertisements) will be deposited into the Parks and Recreation Maintenance Account. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution and authorize its Chairman to execute same on behalf of the Board; and 2. Approve the Easement Agreement and authorize its Chairman to execute both the Agreement and the Grant of Utility Easemen! on behalf of the Board; and 3. Authorize Staff to record all pertinent. documentation in the Public Records of Collier County, Florida. SUBMITTED BY: .~¢-/,' ~ / .... ' ~ ~ : DATE: J. Keith Gomez, Real Property Specialist II, Real Property Management Department Marla Rmsey, Director, Parked ~reation Depa~ment 'PROVED BY: (,~ ~ ~ ~.~5~ , Leo'~. Ochs Jr~Admi~sfrator Public Services Division 6 7 9 20 2~ 22 26 28 29 3O 33 35 30 37 39 40 42 43 44 47 48 49 5O 52 53 54 55 56 57 6O RESOLUTION NO. 2000- A RESOLUTION TO CONVEY A GRANT OF UTILITY EASEMENT TO SPRINT-FLORIDA, INCORPORATED, FOR COMMUNICATION FACILITIES TO BE LOCATED NEAR THE INTERSECTION OF TAHITI STREET AND CAPRI BOULEVARD (A/K/A "GRIFFIS HIGHWAY) IN ISLE OF CAPRI WHEREAS, Sprint-Florida, Incorporated, ("SPRINT") has requested a Grant of Utility Easement from Collier County (see Exhibit "A," attached hereto and made a part hereof) in order to install, operate and maintain communication facilities and equipment designed to enhance and upgrade SPRINT'S service capabilities for area residents; and WHEREAS, Collier County is desirous of providing SPRINT with a Grant of Utility Easement for the pu~ose of operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals, or other related structures and fixtures, all to be located within the easement area; and ~fHEREAS, Collier County finds that the communication facilities and equipment located within the easement area will enable SPRINT to improve service to area residents and that there will be a general public benefit as a result of the conveyance of a Grant of Utility Easement to SPRINT; and W7tEREAS, in exchange for said Grant of UtiIity Easement, SPRINT has agreed to pay Collier County $5,000.00 and to pay for all costs of the conveyance of the Grant of Utility Easement; and WHEREAS, Pursuant to Section 125.35, Florida Statutes, legal notices have appeared in the Naples Daily News. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby approve an Easement Agreement with Sprint- Florida, Incorporated, for the conveyance of a Grant of Utility Easement on land known as "Park West," south of the intersection of Tahiti Street and Capri Boulevard (see Exhibit "A"), in exchange for compensation in the amount of $5,000.00. 2. The Board of County Commissioners does hereby approve a Grant of Utility Easement to Sprint- Florida, Incorporated, in order to operate and maintain communication facilities and equipment over, under, upon and across that land described in Exhibit "A." 3. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute said Easement Agreement and Grant of Utility Easement on behalf of the Board. This Resolution adopted this __ majority vote. day of , 2000, after motion, second and ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to legal form and~ s~fficiency: ] Heidi F. Ashton Assistant County Attorney NO. //oD } o c 'i -6 zooi PROJECT: Isle of Capri / Sprint FOLIO: 52390080005 GRANT OF UTILITY EASEMENT This indenture made and executed this __ day of , 2000, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as GRANTOR, and SPRINT-FLORIDA, INCORPORATED, a Flodda corporation, its successors and assigns, hereinafter referred to as GRANTEE. WlTNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non-exclusive easement over, under, upon and across that property moro particularly described on Exhibit "A" (attached hereto and made a par~ hereof), for the purposes of operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals or other related structures and fixtures as their business may require from time to time, and provided further, that GRANTEE shall have the right to open and close fences, and trim or top any trees, bushes or brush along said easement to give a clearance of not less than five (5) feet. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement, agrees for itself, its successors and assigns, to maintain said easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to installation, construction, maintenance and/or repair of its facilities. In the event GRANTEE, its successors and assigns, fails to use the easement for the sole purpose of a switching station, GRANTOR shal[ provide written notice thereof to the GRANTEE to vacate, cancel and annul the easement within 14 days of receipt thereof. Said notice period shall commence upon placement of the wdtten notice in an oflicial depository of the United States Post Office, Registerod or Certified Mail, Postage Prepaid, upon which time GRANTEE shall record a Termination of Easement in the Public Records of Collier County, Florida. GRANTOR, its successors and assigns, shall upon said vacation, have the right to require GRANTEE, its successors and assigns, to remove any structure or improvements which may affect GRANTOR'S use of the property. GRANTEE heroby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, adsing out of GRANTEE'S installation or use of GRANTEE'S facilities described above. Agen d&~I t. et~ ~-~ ~ : Grant of Utility Easement Page 2 IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman ~proyed/as to fora ~ leg1 sufftctenc7 --/'~s~sts~.~t Coun{j' ~ttor~ I OCt 1 o 2000 OOT. ~ ~,OO PROJECT: Isles of Capri - Sprint FOLIO: 52390080005 EASEMENTAGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns. (hereinafter referred to as "Owner"). and SPRINT-FLORIDA. INCORPORATED. a Florida corporation. its successors and assigns. (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser shall use the perpetual, non-exclusive easement, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; for the purposes of operating and maintaining such existing structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals or other existing related structures and fixtures as their business may require from time to time and provided further, the Owner shall guarantee ingress and egress to, over and across the described parcel to Purchaser at all times, and the ,~.~4"v'~g..,~m'~'¢.-shall have the right to open and close fences, and trim or top any trees, bushes or brush along said easement to give a clearance of not less than five feet (5'). WHEREAS. Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; 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 to the Purchaser for the sum of $5.000.00, said transaction hereinafter referred to as the "Closing". 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 Owner executes this Agreement; provided; however, that Owner shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Owner's enjoyment of the Property. 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. shah 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. In the event Purchaser fails to use the easement for the sole purpose of a switching station, Owner shall provide written notice thereof to the Purchaser to vacate, cancel and annul the easement within 14 days, said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, upon which time Purchaser shall record a Termination of Easement in the Public Records of Collier County, Florida. Easement Agreement Page 2 Purchaser is aware and understands that the "offer" to grant the utility easement represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Coltier County, Florida. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida and any other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments. 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. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2000. AS TO OWNER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman AS TO PURCHASER: DATED: 9- -~-~P¢ Witness (Signat[i.~) (~) Name: ~,',(,~ ~' Q-~o od (Print or Type) Witness (Signature) Name: (Print or Type) SPRINT-FLORIDA, INCORPORATED A Florida corporation ~ ,'~t / V~e P~'eOt Fo~ k , Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney OCT 1 0 2000 I (~VA3~f~O~ 161dV~ Agend~ NO. OCT 1 O ~000 EXECUTIVE SUMMARY APPROPRIATE CARRY FORWARD IN COUNTY WIDE CAPITAL PROJECTS FUND (301). OBJECTIVE: To establish project budgets in FY 01 for capital projects forecast to be expended or encumbered prior to the end of FY 00. CONSIDERATIONS: The following project forecast were included in the FY 00 budget in the County Wide Capital Fund (30 I). (See table below). Project Title / Number Forecast Actual Expended Variance (1) Development of 80043 $ 426,800 $ 407,431 $19,369 Regional Impact (DRI) Domestic Animal 80096 3,118,500 2,870,323 248,177 Services Sheriff's Admin. 80524 6,216,500 5,086,285 1,130,215 Building Golden Gate Gov. 80531 Services Building. GRAND TOTAL 632,800 103,346 529,454 $ 10,394,600 $ 8,467,385 $ 1,927,215 (1) ( 1 ) Amount to carry forward in 301 Capital Projects Fund for FY 01. FISCAL IMPACT: Recognizes and appropriates $ 1,927,215 in County Wide Capital Projects Fund (301). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMh{ENDATIONS: That the Board approve the budget and it recognizes and appropriates $1,927,215 contained in the Capital Fund (301). PREPARED BY: ~//~Z~ ,~/'~ // //~k Crognale, Con'~tmction Manager partmcnt of Facilities Management DATE: Executive Summary Page 2 REVIEWED BY: l, 5~' '~ ', .'/~ . ,, · ........ ~, Daniel Rodriguez, Interim Dire. c~ Department of Facilities management DATE: Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE FISCAL YEAR 2001 PC REPLACEMENT PROGRAM. OBJECTIVE: To replace obsolete computers and computers that do not meet the minimum requirements needed to operate various County software applications including, but not limited to Windows 2000 (County-wide standard operating system), CD Plus (Development Services' cashiering system) and VISTA ( Human Resources' information software). CONSIDERATIONS: The Fiscal Year 2001 Budget Policy established a 3 year replacement cycle for computers and instructed Departments to budget $550 per computer per fiscal year to fund one-third of the replacement cost annually. The Information Technology Department has determined that all computers with processing speeds less than 350 Mhz should be replaced this fiscal year. This is based on the fact that the proposed County software standards including Windows 2000 and other special business applications such as CD Plus and VISTA require, at a minimum, the use of computers with 350 Mhz central processing units. Additional factors that supported the decision to replace said group of computers included the following: · The age and estimated remaining useful life span of the computers compared to industry standards. · The random access memory (RAM) and processing speeds of the computers. · The computer's performance ratings for a variety of software applications used by the County. · Staff's ability to efficiently service an aging fleet of computers with diverse hardware configurations and operating systems. Windows 2000 and Outlook 2000 will be replaced on the remaining computers. It is anticipated that this computer platform will be sufficient for the next three to four years. The computers being replaced this fiscal year will be purchased on State Contract through the County's Master Lease Program. The funds currently budgeted in reserves for the PC Replacement Program will be moved to operating budgets at the fund level so that the monthly lease payments can be made. Local contractors will be used for the coordination and installation of the new computers. FISCAL IMPACT: This project was anticipated for this fiscal year and budgeted in reserves at the fund level. Staff is recommending utilizing the County's master lease program with debt service being spread over three years at an annual cost not to exceed $550 per computer. Funds in the amount of $344,900 will be transferred from reserves to operating cost centers at the fund level to cover the first years lease payments. The total cost of the PC Replacement Program over the 3 year lease period will be $1,034,500. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board approve a budget amendment for the Fiscal Year 2001 PC Replacement Program. Prepared By:. Date: Skip Camp, CFM, Director The Department of Facilities Management Reviewed By: Approved By:. Skip Camp, CFM, Director The Department of Facilities Management Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: Date: APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 10, 2000 General Fund (Fund 001) Social Services Budget Amendment #00-512 Client Assistance Operating Expenses $49,900 Health Care Responsibility Act Operating Expenses (49,900) Total: -0- Explanation: Funds are needed to pay for additional physician fees for indigent clients in Collier County. AGENDA ITEM No. ,'~. ~_~,~ 2000 FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 26, 2000 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. August 16, 2000 - August 22, 2000 B. August 23, 2000 - August 29, 2000 C. August 30, 2000 - September 5, 2000 D. September 6, 2000 - September 12, 2000 3. Districts: Fiddler's Creek Community Development District- Minutes of June 28, 2000 with attached Proposed Budget for the Fiscal Year of 2001 and Minutes of July 26, 2000 with attached Adopted Final Budget for the Fiscal Year of 2001 Collier Soil & Water Conservation District - Agenda for August 2, 2000 meeting and minutes of July 13 2000 meeting, Proposed Budget for 2000-2001, District Map, Public Facilities Report Letter Stating No Changes Have Been Made, Letter on Description of Outstanding Bonds, Letter Advising of the Board of Supervisors Schedule of Regular Meetings, and Copy of Special District Update Form Changing Registered Agent The Big Cypress Basin Board of the South Florida Water Management District - Agenda for August 25, 2000 meeting Miditerra South Community Development District - Minutes of July 26, 2000 Board of Supervisors meeting with attached copy of Operation Budget for 2001 and Resolution Adopting this Final Budget for Fiscal Year 2001 4. Minutes: meeting H :Data/Format Rural Fringe Area Assessment Oversight Committee - Agenda for August 9, 2000 and September 13, 2000 meetings and minutes of July 12, 2000, July 26, 2000 and August 23, 2000 meetings, and summary minutes of Aul~ust 9, 2000 AGENDA ITEM No. OCT 1 0 2O00 B. Pelican Bay MSTBU Advisory Committee - Agenda for May 23, 2000 and September 6, 2000 meetings and minutes for May 3, 2000 and July 13 meetings City of Naples Airport Authority - Agenda for May 18, 2000 meeting, and minutes of April 20, 2000 meeting Environmental Advisory Council - Agenda for September 6, 2000 meeting and minutes of July 12, 2000 and August 2, 2000 meetings Bayshore Beautification Advisory Committee - Minutes of August 3, 2000 meeting Golden Gate Beautification Advisory Committee - Agenda for August 8, 2000 and September 12, 2000 meetings and minutes of July 11, 2000 and August 8, 2000 meetings Immokalee Enterprise Zone Development Agency Board - Minutes of February 10, 2000 and May 4, 2000 meetings Parks and Recreation Advisory Board - Agenda of May 24, 2000 and August 23, 2000 meetings and minutes of April 26, 2000 and June 28, 2000 meetings Golden Gate Land Trust Committee - Minutes of March 27 and May 22, 2000 meetings Historic & Archaeological Preservation Board - Agenda for August 18, 2000 meeting and minutes of July 21,2000 meeting Collier County Airport Authority - Agenda for August 21, 2000 and September 1 I~ 2000 meetings and minutes of July 18, 2000 and August 21, 2000 meeting L. Collier County Planning Commission - Agenda for September 7, 2000 meeting Collier County Water & Wastewater Authority - Minutes of July 24, 2000 meeting Southwest Florida Workforce Development Board - Agenda for September 8, 2000 meeting and minutes of July 12, 2000 meeting Lely Golf Estates Beautification Advisory Committee - Agenda of September 7, 2000 meeting and minutes of August 10, 2000 meeting Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for September 20, 2000 meeting and minutes of July 19, 2000 and August 16, 2000 meetings Pathway Advisory Committee to the Collier County metropoll Organization - Agenda for August 25, 2000 meeting H:Data/Format EXECUTIVE SUMMARY APPROVAL OF AGREED ORDER REGARDING APPRAISAL FEES IN THE EMINENT DOMAIN CASE ENTITLED COLLIER COUNTY V.. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/05/86, ET AL., CASE NO. 99-3040-CA. OBJECTIVE: That the Board of County Commissioners approve the appraisal fees for Parcel No. 84-T for the Livingston Road Project in the lawsuit entitled Collier Count)' v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated 6/05/86, et al., Case No. 99-3040-CA. CONSIDERATIONS: On June 27, 2000, the County and Respondents, John J. and Gertrude Steuerer, agreed to the sum orS113,400.00 as full compensation for the property fights taken as to Parcel No. 84-T. The attached Agreed Order approves the sum of $3,300.00 as reasonable appraisal fees to be paid by the County pursuant to Section 73.091, Florida Statutes. HSCAL IMPACT: Funds in the amount of $3,300 are available in the FY 01 Road Construction Gas Tax Fund. Source of funds are Gas Taxes. GRO~VTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order; 2. Approve the expenditure of the funds as stated; and 3. Direct staff to deposit an additional $3,300.00 into the Registry of the Court. SUBMITTED BY: REVIEWED BY: Heidi F. Ashton Assistant County Attorney Mitch Riley, Actir~g Dire'~or Transportation Engineering & Utilities 1 Date: AGENDA ITF. J~! ~ No. la r .l/tJ David C. Weigel t d~ County Attorney Date: Date: h: Lit\E m Domain\Fassett/ExS um-ApprovalAppraisalFees 2 N o.._..kl.~[-~.~ J 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, 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 AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, JOHN J. and GERTRUDE STEUERER, for entry of an Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay forthwith to CARROLL & CARROLL, 2500 Airport Road South, #206, Naples, Florida 34112 the sum of THREE THOUSAND, THREE HUNDRED DOLLARS and No/100 ($3,300.00) for appraisal services with respect to Parcel 84-T; and IT IS FLIRTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. 1 AGENDA ITEM. \ 1 No.---~l, 1 0 2 00 [ pg. ~ __ ,,, Sent by: Goodiette,Coleman,~Jo~nson~PA 941 435 1218; 09/19/2000 16:50; #599; Page 5/5 DONE ,~ ORDERED m ch~ ~t N~pl=~, Coili= CoumT, Fire-ida t~ ~ day of ~, 2000. Conformed Copie~ to: Heidi F. A~h~on, Esq. $oe Fixcl, F,~q. Richard Yova~ovich, F. aq. CIRCUIT COURT JOINT MOTION The pm'fiem, by and thtouSh_ih~h' undcl~g~.d ~ move for e~,y of the f~rel~ing Agreed Order Awnxding ~ Feere. RICI~.R~ YOVA.NOVlCI% Florida Bar No. 7825~ CK)OD[d~-vI'£, CO~ & JONSON ~1 N~ T~i T~L State 3~ N~I~, ~ 34103 ~: (~1) 435-3535 A~ for HI~IDI F. ASlITON, F~o~dn Bar No. ~0 OFFICE OF ~ CO~ A~O~Y H~ T~ 3301 ~ T~ T~ N~I~, ~ ~112 (~) 77~ - TeI~ ~d ~ ~ ~. 01~6 211 T~ ~ 3~01 2 AGENDA ITEM No.. EXECUTIVE SUMMARY COUNTY PROVISION OF LEGAL REPRESENTATION TO CURRENT AND FORMER COUNTY EMPLOYEES. OBJECTIVE: For the Board to consider approval of legal representation to current and former County staff members in criminal investigative proceedings stemming from the Wajerski v. Collier County, et. al. case. CONSIDERATIONS: In the case of Wajerski v. Collier County, et. al., Case No. 95-3067- CA, the Board approved providing legal representation to current and former County staff in a civil case brought by plaintiff alleging wrongful termination and violation of the Whistleblower Statute. The Board also approved a contract with David E. Bryant, Esq., to represent the County and the individual County staff defendants in that case. The case was tried in Circuit Court and the County prevailed on all issues after a seven day trial. Very recently, it has come to the attention of the County Attorney office that the plaintiff, in the above mentioned civil case, has brought forth accusations of perjury against some or all of the current or former County staff members who provided testimony in the civil case. At least one request for representation has been received by the County. It appears that the investigation process has commenced and law enforcement authorities may be interviewing all or some of the afore-mentioned County staff members. Collier County Resolution No. 95-632 sets forth the policy of the Board of County Commissioners with regard to providing a legal defense and paying legal expenses of County staff members. Section 4 of said policy provides that the legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid for by the County only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately determined to be unfounded and to have risen from conduct related to performance of official duties and while serving a public purpose. Said section of the policy also references other provisions of the same section which require the County person to have communication with County administration and legal staff to permit the County the opportunity to decide if counsel shall be provided. It is the joint recommendation of the Office of the County Attorney and the Risk Manager that representation should be provided to the County staff members. The information available as to the civil and criminal matters indicates a substantial likelihood that the allegations may ultimately be determined to be unfounded and to have risen from conduct related to performance of official duties a while serving a valid public service. While it is .~...-~NDA ITEM - No. COT 1 0 2000 true that in criminal matters the Board's preference has been to adopt a wait and see attitude ~o determine the outcome of criminal charges, this situation is distinguishable. This is primarily because the County prevailed against plaintiff's allegations in the civil case and there is no objective known information at this time that appears to support plaintiff's criminal allegations. It would be a hardship on the County staff to not have legal counsel or to have to pay for same at this time. In addition, the Board policy provides that, in the event the County person has been provided legal representation by the County and the County person has been found guilty of the criminal charge, the County may recover from the County person in a civil action all legal fees and/or all costs paid or incurred by the County. David E. Bryant, Esq., is recommended to be the legal advisor since he is already familiar with the underlying facts by virtue of being hired by the Board to represent the County and the individual staff members in the civil case. Said familiarity with the underlying situation is more cost efficient to the County and in the County's best interest. GROWTH MANAGEMENT IMPACT: Not Applicable. FISCAL IMPACT: Unknown at this time. Total costs will depend on the extent and nature of the investigative proceedings. Funds to pay for this legal representation shall be paid from the Property and Casualty insurance Fund. RECOMMENDATION: That the Board approve the provision of legal representation to current and former County staff members in relation to the criminal investigation stemming from the Wajerski v. Collier County, et. al., Case No. 95-3067~CA. Further, that the Board approve an agreement with David E. Bryant, Esq., to provide said representation at the rate of $120 per hour and authorize the Chairman to execute said agreement upon review and approval by the Office of the County Attorney. Rar~ir~ Ma~alich, Chief Assistant County Attorney Reviewed and Approved by: Je~ V~alker, Risk Management Director Date: Approved by: Date: David C. Weigel, County Attorney h:Debbie Armstrong\Executive Summaries\£egal Rep, county employees 2 AOENDA ITEM -. OCT 1 0 2000 pg. ~ EXECUTIVE SUMMARY PETITION CU-2000-07 WILLIAM L. HOOVER., HOOVER PLANNING & DEVELOPMENT, REPRESENTING PASTOR JAIME ESPINOZA OF THE IGLESIA HEREDEROS DE DIOS (LAKE TRAFFORD CHRISTIAN CHURCH), REQUESTING A CONDITIONAL USE FOR A CHURCH, A PRIVATE SCHOOL, AND A CHILD CARE FACILITY FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LAKE TRAFFORD ROAD, APPROXIMATELY 2.5 MILES WEST OF S.R. 29 IN SECTION 36, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.15+ ACRES. OBJECTIVE: To have the Board of County Commissioners render a decision on a conditional use application to permit a church, private school and daycare facility on 19.15_+ acres located in an "A-MHO," Rural Agricultural with a Mobile Home Overlay zoning district, as described on the conceptual site plan. CONSIDERATIONS: The site is located on the south side of Lake Trafford Road approximately 2.5 miles west of S.R. 29. It is bordered on the north side by a plant nursery and mobile homes, on the west side by single family homes, on the east side by mobile homes, and on the south side by single family homes and a trailer park. Access to the property will be provided via two private driveways from Lake Trafford Road. If approved, the proposed church will be developed in two phases. The first phase includes a moderate-sized church (12,500 square feet) to house the exis, ting 140-150 members, and a day care facility with up to 140 children capacity. The second phase will include a private school with a student capacity of up to 360 students and an expanded church doubling the size to 25,000 square feet (up to 500 seats). Herederos de Dios Church will be utilized on Sunday momings, Wednesday evenings, and for occasional special events, which will be during off-peak hours of operation. The school and child care facility will operate during normal weekday work hours, providing care and schooling to neighborhood and community residents. Summary 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. _ OCT 0 2000 n. / 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, school, and daycare 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 most of that will be 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. (3) The proposed uses will provide a significant service to neighborhood and community residents. Cons (1) Increased traffic, even during off-peak hours, can be perceived as a negative impact by residents who use Lake Trafford Road. FISCAL IMPACT: Because of the nature of the proposed conditional use, and because the existing facilities should be adequately designed to accommodate the proposed church uses, there should be no additional fiscal impacts. Additional impact fees will not be assessed because no significant increase in traffic is estimated. GROWTH MANAGEMENT IMPACT: The proposed conditional use is consistent with the Growth Management Plan. Furthermore, the nature of the church and its related components are not incompatible with surrounding development and will serve to provide support services to the surrounding neighborhood and community. The proposed uses will also support the surrounding neighborhood by providing day care and education for those residents and other residents in the community. Future Land Use Element: The site of the proposed conditional use is located within an area designated Residential Low Density on the Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan. The Residential Low district permits non-residential uses that are compatible with and support the residential character of the Residential designation. This includes churches, private schools, and day care centers. Based on this analysis, the proposed use is consistent with the Future Land Use Element and Map. 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 OCT I 0 2000 114 average weekday trips (526 on a Sunday) for Phase One. Phase Two would produce an estimated 948 average weekday trips (792 on a Sunday). The estimated traffic will not exceed the significance test standard (five percent of LOS "C" design volume) on Lake Trafford Road or on any of the roads in the surrounding road network. Therefore, this petition is consistent with policies 1.3, 1.4, 5.1 and 5.2 of the Traffic Circulation Element. Other Applicable Elements: Staff review indicates that this petition is designed to account for the necessary relationships dictated by the GMP. Conditions were also developed to help mitigate any potential impacts and to ensure consistency with the GMP during the permitting process if this request is approved. The proposed preservation area of 4.3 acres, also includes 34 percent of the existing native vegetation of the site, which exceeds the required 15 percent for this site. Therefore, it is deemed consistent with the Policies and Objectives of the Recreation and Open Space, the Public Facilities, and the Conservation and Coastal Management Elements of the GMP. Furthermore, the petitioner will provide adequate facilities in the future, which will be subject to the County's Site Development Plan review process. Therefore, the proposed conditional use is deemed consistent with the Policies and Objectives of the aforementioned Elements of the GMP ENVIRONMENTAL ISSUES: The subject petition has been reviewed by the Community Development Environmental. No significant environmental impacts were found by staff, nor were any Level of Service standards determined to be affected by this request. The proposed use of the property will also provide greater open space and preservation area than is required by the Land Development Code; therefore, the conditional use request is consistent with the Growth Management Plan. 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, but because the site was partially cleared for farming and is wooded there is no evidence of the likelihood of any artifact. As a result, the applicant was granted a waiver to the Historical/Archaeological Survey and Assessment requirement. As a precaution, the Collier County Historical and Archaeological Preservation Board recommends approval of the conditional use with the following stipulation: "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 historical 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." 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 ITEM OCT I 0 2000 future development as stated in Stafffs Report to the Collier County Planning Commission on September 7, 2000. Staff reeomds approval of CU-20004Yg. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: The EAC reviewed this petition on August 2, 2000, and recommended approval of this petition by a unanimous vote (6-0) with the stipulations that the preservation area be maintained by the petitioner as shown on the concept plan and that any archaeological area determined by survey will be preserved as well. The proposed conditions will ensure consistency with the GMP during the permitting process. PLANNING COMMISSION RECOMMENDATION: At the September 7, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward CU-2000-07 with a recommendation of approval. There were no major issues and no objections from the public. AGENDA iTEM OCT 1 0 2000 PREPARED BY: DONALD J'.',:~RRAY, 4IC.~ PRINCIPAL PLANNER ~' DATE ?RE~i BY: R~'~' ~:~O, AiCP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVI~D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition CU-2000-07 Iglesia Herederos de DiGs (Lake Trafford Christian Church). Tentatively scheduled for the October 10, 2000 BCC meeting. OCT 1 0 2000 Memorandum AGENDA ITEM 7-E J To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AUGUST 10, 2000 PETITION CU-2000-07 IGLESIA HEREDEROS DE DIOS (LAKE TRAFFORD CHRISTIAN CHURCH) OWNER/AGENT: Applicant: Owner: William L. Hoover Hoover Planning & Development, Inc. 3785 Airport Road N., Suite B Naples, Florida 34105 Pastor Jaime Espinoza of the Iglesia Herederos de Dios 1013 W. Main Street, #6B Immokalee, Florida 34142 REQUESTED ACTION: To obtain a conditional use for a church, private school, and childcare facility in an "A" Rural Agricultural zoning district as required by Conditional Uses 7, 10, and 11 in Section 2.2.2.3. of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located approximately 2.5 miles west of S.R. 29 on the south side of Lake Trafford Road, which is in Section 36, Township 46 South, Range 28 East, Collier County, Florida (See iljustration on the following page). 1 OCT 1 0 2000 PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a conditional use approval to permit a church, private school and daycare facility on 19.15+ acres located in an "A-MHO," Rural Agricultural with a Mobile Home Overlay zoning district, as described on the conceptual site plan. The subject property is undeveloped and surrounding existing land use is predominantly residential with mobile homes. If approved, the church will be developed in two phases. The first phase includes a moderate-sized church (12,500 square feet) to house the existing 140-150 members, and a day care facility with up to 140 children capacity. The second phase will include a private school with a student capacity of up to 360 students and an expanded church doubling the size to 25,000 square feet (up to 500 seats). The rest of the property will be maintained in open space and a preservation area equaling 4.3 acres or 34 percent of the site, and will include 1.9 acres of native vegetation. The amount of preservation area provided exceeds the Land Development Code (LDC) requirement by 15 percent. Access to the property will be provided via two private driveways from Lake Trafford Road. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject property is undeveloped and zoned "A-MHO" Rural Agxicultural with a Mobile Home Overlay. Surrounding: North - East - South - West - Plant nurseEv and mobile homes, zoned "A-MHO". Mobile homes, zoned "A-MHO". Single family home and trailer park, zoned "MH". Single family homes, zoned "RSF-3" Residential Single Family. 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 proposed conditional use is located within the area designated Residential Low Density on the Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan. The Residential Low district permits non-residential uses that are compatible with and support the residential character of the Residential designation. This includes churches, private schools, and day care centers. Therefore, the proposed conditional use is consistent with the Growth Management Plan. Furthermore, the nature of the church and its related components are not incompatible with surrounding development and will serve to provide support services to the surrounding neighborhood and community. The proposed uses will support the surrounding neighborhood by providing day care and education for those residents and other residents in the community (see "Purpose/Description of Project" above). 2 OCT 1 0 2000 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 114 average weekday trips (526 on a Sunday) for Phase One. Phase Two would produce an estimated 948 average weekday trips (792 on a Sunday). The estimated traffic will not exceed the significance test standard (five percent of LOS "C" design volume) on Lake Trafford Road or on any of the roads in the surrounding road network. Therefore, this petition is consistent with policies 1.3, 1.4, 5.1 and 5.2 of the Traffic Circulation Element. Other Applicable Elements: The proposed conditional use was reviewed by staff for consistency with other Elements of the GMP. There were no conflicts between the proposed conditional use and the policies of the Public Facilities, the Recreation and Open Space, and the Conservation and Coastal Management Elements of the GMP. Additionally, water and sewer capacities are available to the site from the Immokalee Water and Sewer District, and the site has adequate drainage and surface water management, which consists of two basins on either side of the central preservation area. Each of those basins are served by its own retention area, which drains into the Lake Trafford Road storm water swale. Therefore, the proposed use meets requirements to provide adequate sewer and water service and drainage facilities making it consistent with those Sub-elements of the GMP. The proposed use of the property will also provide greater open space and preservation area than is required by the Land Development Code. The proposed preservation area 4.3 acres, including 34 percent of the existing native vegetation of the site, which exceeds the required 15 percent for this site. Therefore, it is deemed consistent with the Policies and Objectives of the Recreation and Open Space, the Public Facilities, and the Conservation and Coastal Management Elements of the GMP. Furthermore, the petitioner will provide adequate facilities in the future, which will be subject to the County's Site Development Plan review process. Therefore, the proposed conditional use is deemed consistent with the Policies and Objectives of the aforementioned Elements of the GMP 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, but because the site was partially cleared for fanning and is wooded there is no evidence of the likelihood of any artifact. As a result, the applicant was granted a waiver to the Historical/Archaeological Survey and Assessment requirement. As a precaution, the Collier County Historical and Archaeological Preservation Board recommends approval of the conditional use with the following stipulation: "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 historical 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." 3 OCT I 0 2000 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 environmental, transportation, or infrastructure 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. In addition, appropriate measures and stipulations will be used during the site plan and building permit approval process to assure the County's interests and safety requirements are maintained. Additionally, stipulations will be required for the approval of this conditional use which will help ensure that any impacts to the environment are minimized. ENVIRONMENTAL ADVISORY COMMITTEE: The EAC reviewed this petition on August 2, 2000, and recommended approval of this petition by a unanimous vote (6-0) with the stipulations that the preservation area be maintained by the petitioner as shown on the concept plan and that any archaeological area determined by survey will be preserved as well. The proposed conditions will ensure consistency with the GMP during the permitting process. CRITERIA EVALUATION: The Current Plarming 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 is located in the Residential Low Density District on the Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan. The Residential Low Density District permits non-residential uses that are compatible with and support the residential character of the Residential Low Density District. These support uses include churches, private schools, and day care centers, all designed to provide services to 4 OCII 0 2000 surrounding residents. The nature of the church and its related components are traditionally deemed compatible with surrounding residential development, especially when it will provide support services to the surrounding neighborhood and community, such as day care and educational opportunities for residents in the community (see "Purpose/Description of Project" above), and when there are no other major impacts, such as to infrastn~ture and the environment. This proposed conditional use will provide these support services with little or no impact to the environment and infrastructure (see analysis in Staff Report above). Therefore, the proposed conditional use is deemed consistent with the Growth Management Plan. Pro: (i) The requested church use is consistent with the applicable elements of the GMP/IAMP and provisions of the LDC (see Growth Management Plan Consistency analysis in this report, above). (ii) Any potential impact may be mitigated by proper use and adherence to the requirements of the LDC and/or stipulations in the conditional use. (iii)The nature of the church and its related components are not incompatible with surrounding development and will serve to provide support services to the surrounding neighborhood and community. The proposed uses will support the surrounding neighborhood by providing day care and education for neighborhood residents and other residents in the community .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 and the Immokalee Area Master Plan. The proposed use is also permitted as an approved conditional use when it is determined that the use is compatible with surrounding development, as required by the LDC. The proposed use an meet all infi-astmcture, open space and environmental requirements of the LDC and the Elements of the GMP. 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 will be from Lake Trafford Road via two proposed driveways. Level of Service is adequate as determined by staff (see report). (ii) Due to the low traffic volumes generated by the project and the clear site distance on Lake Trafford Road, the location of the access should not interfere with traffic safety and operational LOS. Con: None. J 5 OCT 1 0 20001 pg. Summary Conclusion (Findings): Access is adequate. Even with the increase of church traffic, the LOS will not be degraded significantly. The effect the conditional use would have on neighboring properties in relation to noise, glare, e~onomic or odor effects; Pro: (i) The site is well buffered between other 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 from nearby residential uses. d. Compatibility with adjacent properties and other property in the district. Pro: (i) The proposed use is not incompatible with the surrounding neighborhood. Traffic and noise impacts will not be significant. (i) The proposed use will serve the surrounding neighborhood and the community. Con: (I) Some residents may perceive the school and the increased traffic as an impediment to good traffic circulation due to some delays during peak hour traffic. 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-2000-07 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions listed in the Resolution of Adoption. 6 OCT 1 0 2000 PREPARED BY: C~NT ~6 S~TION ~V~D BY,: C~NT PLUG SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition: CU-2000-07 Staff Report for September 7, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the October 10, 2000 BCC meeting. COLLIER COUNTY ~A~ COMMIS SION: STAFF REPORT/CU-2000-07/DJM 7 RECF_3,VED 2000 sERViCES COX~UNITY DEVELOPMENT D~VISiON CURRENT PLANNING SECTION PETITION NUMBER: C ~' 00 '0 7~ DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITION~tL USE General Information: Name of Applicant(s) Pastor Jaime Espinoza of the Iglesia Herederos De Dios Applicant's Mailing Address City Immokalee State Florida Applicant's Telephone #: 657-5566 Name 1013 W. Main St., ~6-B Zip 34142 Fax #: 657-4778 of Agent William E. Hoover Firm Hoover Planning & Dev.,Inc. Agents Mailing Address 3785 Airport. Road N., Suite B City Naples State Florida Zip 34105 Agent's Telephone #: 403-8899 Fax #: 403-9009 OCT 1 0 2000 pg. /"~' 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 ~n ownership interest as well as the percentage of such i~terest. (Use additional sheets if necessary). Name and Address Robert G. & Patricia B. (Husband & Wife) Mackey Percentage of Ownership If the property is owned officers and stockholders owned by each. Name and Address, and Office by a CORPORATION, list the and the percentage of stock Percentage of Stock Co If the property is in beneficiaries of the interest. the name of a TRUSTEE, list the trust with the percentage of Name and Address Percentage of Interest 2 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 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 Iqlesia Herederos De Dios Percentage of Ownership 100% Pastor Jaime Espinoza 1013 W. 'M~in' St., ~6-B, Immokalee, FL 3414~ Date of Contract: 3 1-13-00 OCT 1 0 2000 If any contingency clause or contract terms involve additional parties, list all iDdividuals or officers, if a corporation, partnership, or .trust. Name and Address Sales contract is contingent upon the Board of Collier County Commissioners approving this petition and a financial institution approvinq petitioner's mortoaq~. g. Date subject property acquired ( ) leased ( ): Term of lease .yrs./mos. If, Petitioner has option to buy, indicate option: and date option terminates: or anticipated closing date July 20, 2000 date of 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 application: (If space is page.) If request involves district, include separate involved in each district. copies of a recent survey months, maximum 1" to 400' the pre-application meeting. inadequate. attach on separate change to more than one zoning legal description for property Applicant shall submit four (4) (completed within the last six scale) if required to do so at NOTE: The applicant legal description. is responsible for supplying the correct If questions arise concerning the legal 4 OCT 000 description, an may be required. engineer's certification or sealed survey Section: Lot: Plat Book 36 Township: 46S Range: 28E Block: Subdivision: 00057480000 Page #: Property I.D.#:00063000005 Metes & Bounds Description: see attached Size of property: 637 ft. X 1328 Total Sq. Ft. Acres 19.15 ft. Address/general location of subject property: The south side of Lake Trafford Road, approximately 2.5 miles west of S.R. 29. Adjacent zoning and land use: Zoning N s Aqric./MHO Agric./MHO Land use Plant Nursery & Mobile Mobile Homes Homes E MH Single-Family Home & Trailer Park. W RSF-3 Single-Family Homes property? If so, give contiguous property. separate page). Does property owner own contiguous property to the subject complete legal description of entire (If space is inadequate, attach on NO. 5 OCT I 0 2000 Section: Township: Lot: Block: Subdivision: Range: Plat Book__ Page #: Propertly I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use #7,10,11of the A-MHO district for (?¥~zo~ (usz) a church, private school, and church run child-care facility. Present Use of the Property: Vacapb. 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 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 with each. (Attach a~iticnal pages as may be necessary). a. Describe how the project is County Land Development Code (include information on how with the applicable section land element): The subiect property 6 consistent with the Collier and Growth Management Plan the request is consistent or portions of the future use is designated Low on the Immokalee Future Land use Map. All of the proposed uses are specifically listed as ~ermitted within this designation as long as they are compatible with support the residential character of the area. and/or Describe the existing or planed 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 catastrophe: The project will have a minimum of one or two accesses onto Lake Trafford Road. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: The proposed uses will have much less impact on nei~hborhin~ lands than if the lands were developed with mobile homes as has haPoened in much of this neiahborhood. The proposed uses will have minimal effect. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Th~ proposed uses will easily be compatible with neighboring and abutting land uses. .o. ,.,.~,~ ,,~.,, ~ ~..,~.,~ ~.. v ~ OCT 1 0 2000 Please provide any additional information which you may ! feel is relevant to this request.~ Please see attached narrative letter. 10. 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. Previous lend use petitions on the su~ect 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? None we are aware of. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8h" 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 8 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, PDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, and Feasibility Studies, Site Plans & Subdivisions February28,2000 Mr. Don Murray Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED MAR 3 0 2000 0 Initial Submittal of a Conditional Use for the Proposed 19-Acre Lake Trafford Christian Church (Church Name is Iglesia Herederos De Dios), Located on Lake Trafford Road, Immokalee, Florida Dear Mr. Murray: - This 19-acre site is located on the south side of Lake Trafford Road, approximately 2 1/2 miles west of S.R. 29. The property is zoned "A-MHO" and is proposed for institutional uses via a Conditional Use petition. The subject property is under purchase contract by the petitioners who desire to develop a moderate-sized church in 2001 (Phase I). The church currently has 140 members in attendance on a typical Sunday and meets in the Kemps PlaTa on West Main Street in Immokalee. They hope in about 5 more years (Phase II) to expand the church and open a private school with an eventual capacity of 360 students. The proposed project is easily compatible with the existing land uses in the neighborhood, which are dominated by mobile homes. North of the subject properx3, is Lake Trafford Road. Further north of the west half is the Davenport (plant) Nursery and further north of the east half are scattered mobile homes on land zoned "A-MI-IO". To the southeast are numerous mobile homes on land zoned "MH". To the east is "MH" zoned land with a single-family home and then a smaller mobile home park. To the south are mobile homes on land zoned "A-MHO". To the west is land zoned "RSF-3" with about 6 - 7 homes abutting the subject property. If the County staff have any concerns or suggestions for improvement on this project, please feel welcome to contact me. Sincerely, HOOVER PLANNING & DEV., INC. William L. Hoover, AICP cc: I-~ File #248-A20 OCT 1 0 2000 ;:'li-~--~'w'~"'" . 3785 Airport Road North, Suite B, Naples, Florida 34105 ° Phone: 941-403-8899 ° Fax: 941-403-9009 ~. FRO~,: DAVIDSON ENGINEERING INC PHONE NO. : 941 597 ~916 Mar. 2~ 2~ 0]:15PM P1 c=n~!tlon&l ~aee end ~ezones Lake Traf~d CtuiBtian Church (i~Ma ~s ~ ~, I~.) 1720 J & C 8ou~rd, ~u~ 3. NapMs, Fi 34109 P~ON~: ~1 597 3916 DBSCRZ~ZOH: ~114Mt~I4~t~o~ElI4~.~,Twp~SR~28E A. COUNTY SYSTat. -- CZTY SY$.'~. PAC)CAGE ~R£ATM. I~ PLANT. N,~:lmmok~ieeWal~,~w~ DiM. CAPACITY TYPE TOTAL POPULATION TO BE SERV~D:,5~O,~eets 7. PI~AK AND AVEP.~G£ DAILY DEF~D-=S: i · ~ATER-P~AK lO GPM AVEIt~GE DR ZL~ 1.~ G~ ~. s~w~-PZXX .....~:~ ........~vs~az OAZL~ ~.~a~ .... 8. IF PRO.SING ~ COHNE~ TO ~LLZER CCL~Y REGZONAi NAT~ SYST~, DATE SERVZCE EXPECTED 70 BE REQUiReD:_ ~ provided fro~ tests prepare~ by a pro~essio~al e~gi~.eer. -1- OCT 1 0 2OOO RESOLUTION 2000- A RESOLUTION PROVIDING FOR TH~ ESTABLIS}-IM]~]~Fr OF CONDITIONAL USES 7, 10 AND 11 OF THE A-lvfi-IO DISTRICT FOR A CHURCH, PRIVATE SCHOOL AND CHURCH El_IN CHILD CAKE FACILITY IN ~ A-MHO ZONING DISTRICT PUP~UANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOK PROPERTY LOCATED IN SECTION 36, TOWNSHIP 4~ SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.15 ACRES ±. WHEREAS, the Legislature of the State of Florida in Chapter 6%1246, Laws of Florida, and Chapter 125, Florida Statutes, has con/erred 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 Plaxming Commission, being the duly appointed and ~[ll~ 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 Uses 7, 10 and 11 of Section 2.2.2.3 in an A-MHO Zone for a church, private school and church run child care facility 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 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 TI-IE BOARD OF ZONING APPEALS of Collier County, Florida that: Thc petition filed by William L Hoover of Hoover Planning and Development, Inc., re~resenting Iglesia de Herederos de Dios, with respect to the property hexeim~er deecribod as: The NW ¼ of the NW ¼ of SE ¼ of Section 36, Township 46S, Range 2$E, Collier County, Florida, less right-of-way. The NE ¼ of the NW ¼ of the SE ¼ of Section 36, Township 46S, Range 28E, Collier County, Florida, less right-of-way. OCT 1 be and the same is hereby approved for Conditional Uses 7, 10 and 11 of Section 2.2.2.3 of the A- MHO Zoning District for a church, private school and church run child care facility in ac~ordan~ with Othe Conceptual Master Plan (Ex~ibil "B") and subj~t to the following conclifford: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded hi the re'mutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY ]. CONSTANTINE, CHAIRMAN A'I 11~ST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: . Mami[ M. Scuderi,{.~ Assistant County Attohey -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000~07 The followin9 facts are found: Section of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: 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 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, stipulations, (copy attached) approval this conditional use should, with (should not) be recommended for DATE: CHAIRMAN: 6/~dmin/Findings of Fact Chaimtan/CU-2000-O7/DM/im EXI-IIBIT "A" OCT I 0 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-07 The following facts are found: Section of the Land Development Code authorized the conditional use. 2 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 C4 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: MEMBER: ~dm~rdFINDING OF FACT MEMBERA)M/im OCT 1 0 2(]00 U III III p EXH£BIT "B" IOL[SIA HI~F..I~ROS I~ DI~, 1 0 2001) AGREEMENT I, William L. Hoover of Hoover Planning and Development, Inc., as authorized agent for Petition CU-2000-7, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on September 7, 2000. PLANNING: The 4.3-acre preservation area as designated on the Conditional Use Concept Plan (Exhibit "B") shall be maintained in its natural state by the petitioner or petitioner's successor, and shall be designated with such stipulation on the Final Site Development Plan. The developer must obtain a South Florida Water Management District Permit prior to Site Development 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 vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. PETITIONER OR AGENT EXHIBIT "C" PAGE 1 EXECUTIVE SUMMARY PETITION V-2000-18 STEPHEN J. TRUDNAK, P.A., REPRESENTING DAVID AND DIANE BAUTSCH, REQUESTING A 4'-8" VARIANCE FROM THE REQUIRED 10-FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES IN ORDER TO RENOVATE AND EXPAND A POOL AND DECK FOR PROPERTY LOCATED AT 297 3RD ST. WEST IN LITTLE HICKORY SHORES SUBDIVISION, UNIT//3 REPLAT, BLOCK F, LOT 9, AS RECORDED IN PLAT BOOK 6, PAGE 2, BONITA SPRINGS, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision on a dimensional variance of 4'- 8" from the required 10-foot rear-yard setback for accessory structures in order to renovate and expand a pool and pool deck. CONSIDERATIONS: The petitioner is in the process of building an addition to his house and would like to increase the pool size and the usable pool deck around it. The current pool and deck sit approximately 6'-6" above the elevation of the seawall and are not in compliance with the existing 20-foot setback requirement for pools and enclosures when they exceed a height of 4 feet (see attached Exhibit "D"- Existing Conditions and photo exhibits in application). There is also an existing wood cross-tie retaining wall that the petitioner desires to replace with a concrete wall at the same location. If approved, the petitioner would then lower the pool deck to the 4-foot height of the wall and incorporate the wall into the new pool and enclosure design. The proposed pool, enclosure, and retaining wall would meet the 4-foot height requirement but will need a variance to the 10-foot rear setback requirement for pools with a height less than 4 feet. This will allow the pool deck and retaining wall to extend 4.83 feet into the rear-yard setback (5.17 feet from the seawall). The lot is also "pie shaped" and has a curvilinear rear lot line which makes it more difficult to fit the structures into the rear yard of the home. The petitioner states that this request is the minimum variance needed to accommodate his needs (see Pool Conceptual Site Plan in application - Exhibit "C" for more details). Also, because of the location and configuration of this lot, there are no other homes which will be visually impacted by this variance. There is considerable distance and open water and mangroves between this home and other properties in the area. -- AC, E. J40A ITEM OCT 1 0 2000 Summar~ Staff has d~terminexl that the request is minimal and will have no impact on n~ighboring properties or the public. If approved, the proposed variance will allow the appticam to renovate his pool and deck and replace a deteriorated retaining wall. The variance will also allow the applicant to bring a portion of the property into compliance with the LDC as it applies to the four foot height requirement for structures within the 10-foot rear yard setback for accessory structures. Furthermore, because the petitioner's lot is on the end of a cul-de-sac, which is surrounded by open water and mangrove, no neighbors view will be impacted. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The approval of this variance will not ~ffect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The subject petition has been reviewed by the Community Development Environmental. No significant environmental impacts were found by staff, nor were any Level of Service standards determined to be affected by this request. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs 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, and the site has already been developed. As a result, the applicant was granted a waiver to the Historical/Archaeological Survey and Assessment requirement. 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 variance request and pool renovation will not cause any impact to any existing and future development as stated in Staff's Report to the Collier County Planning Commission on September 7, 2000. Staff recommends approval of V-2000-18. ENVIRONMENTAL ADVISORY COMMITTEE: This petition was not required to be heard by the Environmental Advisory Committee. PLANNING COMMISSION RECOMMENDATION: At the September 7, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward V-2000-18 with a recommendation of approval. There were no major issues and no objections from the public. /? OCT 1 0 2000 PREPAI~ED BY: DONAI.D JX.', MI/~RAY, AICP ,:/ DATE REVIEWED B] RONALD F. NI]' D, AICP CURRENT PLANNING MANAGER ROBEI~T J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition V-2000-18 Trudnak. Tentatively scheduled for the October 10, 2000 BCC meeting. AGENDA ~TEM ~./7~ OCT 1 0 2OO0 AGENDA ITEM 7-C TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DIVISION AUGUST 17, 2000 V-2000-18 BAUTSCH AGENT/OWNER: Agent: OwIIcr: Stephen J. Tmdnak, P.A. 3461 Bonita Bay Blvd., Suite 224 Bonita Springs, FL 34134 David and Diane Bautsch 297 3ra St. West Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner is requesting a dimensional variance of 4'-8" from the required 10-foot rear-yard setback for accessory structures in order to renovate and expand a pool and pool deck. GEOGRAPHIC LOCATION: The subject property is located at 297 3ra St. West in Little Hickory Shores Subdivision, Unit #3 Replat, Block F, Lot 9, as recorded in Plat Book 6, Page 2, Bonita Springs, Florida (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this variance in order to renovate and expand his swimming pool and deck. The petitioner is in the process of building an addition to his house and would like to increase the pool size and the usable pool deck around it. The current pool and deck sit approximately 6'-6" above the elevation of the seawall and are not in compliance with the existing 20-foot setback requirement for pools and enclosures if they exceed a height of 4 feet (see attached Exhibit "D"- Existing Conditions and photo exhibits in application). There is also an existing wood cross-tie retaining wall that the petitioner desires to replace with a concrete wall at the same location. If epproved, the petitioner would then lower the pool deck to the 4-foot height of the wall and incorporate the wall into the new pool and enclosure design. Th proposed ,,, Ar..~A iTEM OCT 1 0 2000 OF GuLF yExICO OCT 1 0 pool, enclosure, and retaining wall would meet the 4-foot height requirement but will need a variance to the 10-foot rear setback requirement for pools with a height less than 4 feet. This will allow the pool deck and retaining wall to extend 4.83 feet into the rear-yard setback (5.17 feet from the seawall). The lot is also pie shaped and has a curvilinear rear lot line which makes it more difficult to fit the structures into the rear yard of the home. The petitioner states that this request is the minimum variance needed to accommodate his needs (see Pool Conceptual Site Plan - Exhibit "C" for more details). The owner purchased the subject property in 1990 (constructed in 1987), which is located on 3rd Street West, a cul-de-sac, located at the end of a peninsula that extends into Little Hickory Bay. Because of the location and configuration of this lot, there are no other homes which will be visually impacted by this variance. There is considerable distance and open water and mangroves between this home and other properties in the area (see attached location map). MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY: Front: 25 feet Side: 7.5 feet Rear Principal Structure: 20 feet Rear Accessory: 20 feet where structure exceeds 4 feet in height 10 feet where structure is 4 feet or less in height SURROUNDING LAND USE AND ZONING: Existing: Surrounding: Single family home in RSF-4 Zoning District North - residential South - waterway and conservation East - residential and waterway West - residential and waterway GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located outside an area of historical and archaeological probability and has already been developed. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. 2 OCT 1 0 2000 ANALYSIS: Section 2.7.5 of the Land Development Code grants 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. Responses to items in this Subsection are as follows: ne Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, special conditions and circumstances exist in that the shape and configuration of the petitioner's property causes some constraints to constructing a house and pool, or reconstructing a pool, of comparable size to those few similar lots in this neighborhood. Furthermore, the 20-foot rear-yard setback mqnirement for structures with greater than 4 feet in height makes it difficult to reconstruct the pool within the area where they encroach into the setback without reducing the size of the pool, deck and enclosure. 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. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes, because of the changing elevation of the lot, the petitioner would have to lower the pool area in order to reconstruct and enlarge the proposed deck area and screen enclosure. This would reduce some of the usable deck area unless it is stepped down to the 4-foot level of height. 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? The variance requested is the minimum variance that will allow the petitioner to expand his pool deck and screen enclosure to the proposed size, but, if the variance is not approved, it will not impede the reasonable use of the subject property nor will it limit the health, safety and welfare of the those using it. The additional deck area and screen enclosure will not detract from the neighborhood, nor degrade any County standard which promotes health, safety, and welfare. Replacing the retaining wall will improve the land and help stabilize the rear lot area, but that can be done without approval of the proposed variance. 3 OCT 1 0 2000 f. Will granting the variance requested confer on the petitioner any special privilege that i~ denied by these zoning regulations 1o other lands, buildings, or structures in the same zoning district? No. Granting the requested variance could be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structures in the same zoning district; however, granting the requested variance will allow the petitioner to build a pool area to a comparable size which his neighbors enjoy on comparable sized lots. Furthermore, the granting of this variance will not cause any visual impact to any neighboring properties or properties located across the waterway from the subject property. 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? It is staff's opinion that granting this variance will be in harmony with the general intent and purpose of the RSF-4 Zoning District. After considering all possible impacts, granting the requested variance would not be injurious to the area and it would not be detrimental to the public welfare. Neither would granting this variance be injurious to any neighbor or neighboring property. Therefore, Staff considers this request minimal and in harmony with the general intent and purpose of the Land Development Code and the yard requirements therein. 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.? Yes. The area behind the petitioner's property is mostly open waterway and mangrove, which helps to ameliorate any possible impact that the intended use might have on other properties in the area (see photo exhibits in variance application). Required yard setbacks have their derivation on relationships of health and safety, which are translated into sufficient space between buildings to allow for circulation of air movement and penetration of sunlight around buildings to the greatest extent possible. To this degree, a setback from a large body of water becomes not as important as if the lot was adjacent to another lot. Therefore, a variance to a lot adjacent to a large body of water is not injurious to public health and safety standards. 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. 4 ~A ITEM OCT 1 0 2000 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition V-2000-18 to the Board of Zoning Appeals with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. 5 OCT } 0 2000 PREPARED BY: REVIEWED BY: ~NAL~. ~i~U, AICP CURRENT PLANNING MANAGER DATE DATE PLANNING SERVICES DIRECTOR f-Z2 -~o DATE APPR(~,D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRON. SVCS DIVISION DATE Staff Report for the September 7, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the October I0, 2000 BZA meeting. COLLIER COUNTY P~~OMMISSION: RUSt, ELL A. BUDD, CHAIRPERSON - STAFF REPORT/V-2000-18/DYM 6 ,~ ./?~ OCT I 0 2000 STEPHEN I. TRUDN^K, ~^ i LAN DSOkPE AR£HffECTURE AN b LANb PLAN NINC I I I I I I I I I I I I BAUTSCH RESIDENCE APPLICATION FOR VARIANCE PETITION Prepared by: Stephen J. Trudnak, P.A. June 27, 2000 OCT 10 ZOO0 I I VARIANCE PETITION I (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) I ~" V~ 00 '18~! Petition No. Date Petition Received: I Commission District: Planner Assigned: PLANNING SERVICES I ABOVE TO BE COMPLETED BY STAFF I GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Telephone: Agent's Name: Agent's Address: Telephone: David and Diane Bautsch 297 3rd St. West Bonita Springs, Fl. 34134 (941) 566-5266 Stephen J. Trudnak, P.A 3461 Bonita Bay Boulevard, Suite 224, Bonita Springs Fl. 34134 (941)495-6464 I I COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 AC,~.NOA ITF.~ OCT I o 2000 Application for Variance Petition - 8/98 Page ! ~ !8 pg. t,/~,~ . Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Assoeiatiom Mailing Address NA City State Zip Name of Homeowner Association: Mailing Address City State __ Zip I Name of Homeowner Association: Mailing Address City~' State __ Zip I Name of Master Association: NA I Mailing Address City State __ Zip I Name of Civic Association: NA I Mailing Address City State , Zip I I I I PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Little Hickory Shores Section 5 Twp. 48 Range 25 Unit 3 Lot (s) 9 Block (s) F Property I.D. # Metes & Bounds Description: See Survey I I I I Address of Subject Property: (If different from Petitioner's address) .Application for Variance Petition - 8/98 Page 2 of ~/?~ OCT 1 0 2000 I I I I I I I i I I I I I I I I I Current Zoning and Land use of Subject Pareel: RSF-4 Adjacent Zoning & Land Use: ZONING N RSF-4 S RSF-4 w RSF-4 E RSF-4 LAND USE Residential Waterway & Conservation Residential Residential Minimum Yard. Requirements for Subject Property: For Accessory Structures Front: SPS Corner Lot: No Side: SPS Water~ontLot: Yes Reag: 10 feet 20 feet where the @ool deck exceeds 4 ' in height above the height of the senwall Application for Variance Petition - 8/98 Page AC-ENOA ITEM OCT 1 0 2000 ~of8 I I I I I I I I I I I I I I I I I I Nature of Petitins 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 fi'ont setback born 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. This Petitioner is asking for a 4'~8" foot variance to the required 10' for accessory structures in his district so that he can renovate and expand his pool and pool deck. He purchased his home in April of 1990. The house was constructed in 1987. The proximity of the existing pool to the back edge of the house does not currently allow for ease of movement and room for entertaining around the pool The petitioner is in the process of building an addition to his house and wishes to renovate the pool to increase its size and the usable pool deck area around it, The current pool and deck sit approximately 6'-6" above the elevation of the seawall and are out of compliance with the 20' setback restriction. There is also a wooden cross-tie retaining wall that will eventually decompose and need replacement. The proposed plan will bring the pool and deck area into compliance by lowering it to an elevation, which is 4' above that of the seawall. The petitioner is asking for a variance from the 10' setback restriction in order to build a 4' concrete retaining wall to replace the existing cross-tie wall in the same location. He wishes to build a screen cage on top of this wall. This will allow him to build a pool and deck which is adequate in size and comparable to that of the adjacent properties. He needs this variance because of the constraints of his unusual lot configuration. There is a special condition we would like you to be aware of in consideration of this petition. Because of the location and configuration of this property, there are no other homes, which will be impacted visually by this variance. From the back of the Petitioner's home, there is only conservation land and open water for a great distance. (See attached aerial and photos) Application for Variance Petition - 8/98 Page 4 OCT 1 0 2000 · I I I I I I I I I I I' Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to th~ 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.) 1. Ar~ there special conditions and cimnn~stces existing which are IX~calig to ll~ location, sizg md characteristics of the land, s~ructure, or building involved. As can be seen on the attached survey, the configuration of the Petitioner's lot causes a severe constraint upon the construction of a house and pool comparable in size to that of his neighbors. 2. Are there special conditions and circumstances which do no~ result fi'om the,action of the applicant such as pre-existing conditions relative to the proper~y which is the subject of the variance request. No 3. Will a literal interpretation of the provisions of this zoning code work mmecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. Because of the lot constraints and the change of elevation, the applicant will be required to build a series of steps and landings to bring the deck elevation down to under the 4 foot restriction to bring it into compliance. This will reduce his usable deck pool area severely. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or slruct~e and which promote standards of health, safety or welfare. Yes. In the proposed plan, the petitioner will be bringing his pool deck which is 6.5' above the seawall, and is currently out of compliance with the 20' setback restriction into compliance with this setback restriction. Fie is asking that you allow his new deck which will be only 4' above the seawall to have an encroachment of 4'-8" into the 10' setback restriction in order to have enough pool and deck area to meet his needs. 5. 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. No. The adjacent property owners have sizable homes with ample pool and deck area. If allowed this variance, the petitioner will be able to build a home and pool comparable to that of his neighbors'. Also his home is unique in that there is no other residential property within viewing distance in the direction he wants to go with this vnrianee. Whereas if his neighbors were granted a similar variance, it would cause n visual impact on property owners across the water, in his case there will be no visual impact Application for Variance Petition - 8/98 Page I I I I I I I I I I I I I I I I I 6. Will granting the variance De in harmony with the intent and purpose of this zoning code, and not ~ injurious to the neighborhood, or otherwise dewimental to the public welfare. I~ is a~sumed ~at the intent of the setback restrictions in this case is to minimize the visual impact of structures on adjacent property owners. As can be seen in fat attucimi aerial photo and the panoramic photographs, there are no homes located within viewing distance of the Petitioner's proposed pool 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natreal preserves, lakes, golf course, etc. Yes. The area behind the Petitioner's property for a great distance is preserved mangrove and open waterways. (See attached photos) 8. Will granting the variance De consistent wi~ the growth manageanent plan, Yes. This variance will not constitute any change, which would be in conflict any of the elements of the Growth Management Plan. The use of the property will remain residential with no change in dinsity. The uses are currently allowable. The only variance requested is a 4'-8" encroachment into a setback. Application for Variance Petition - 8/98 OCT ~ 0 2000 I I VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (m, easured 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 for1 reference 7. Application fee and Data Conversion Fee, checks shall be made payable to Collier Couht~ Board of Commissioners 8. Other Requirements- I I I i I I I I I As the authorized agenffapplicant for this petition, I attest that all of the information indicated on this c~ecklist is included in this submittal package. I understand that failure to include all necessary submitUd information may result in the delay of procassing of this petition. ~'c~t/Age ! Signature / Dale Application for Variance Petition - 8/98 Page OCT 1 0 2000 FROM Trudnak,PA FAX NO, : 941 495 8486 ~un. 23 2000 11:02RM P2 ~ the owners of the property d~cHbed herein and which Lv the xubject matter of the proposed hearing; that all the an.rwerx to the que~ion~ in thi~ appl~tcmion. including the dLvcloa'ure of £ntere.~t informat~ort, all ~ketchez, data, and other supplementary matter attached to and made a part of thLv application, are hong~t and true to the be~t of our ]mowledge and belief. ~'efI understand that the information requezted on this application mu.vt be complete and accurate and that the content of thLv form. whether computer generated or County printed $hall. not be altered. Public hea~ng~ will not be advertised until this application is deemed complete. and all required information ht~ been Submittet~ . . ar ~my repre. sentat'--ive in any matters regarding this Peri, on. ' Signature Of Property Owner Signature of Property O%,ner Typed or Printed Name o/Owner Typed or Printed Name o/Owner The forego(ng in.vtrumen~ w= ackn~wledged, before me this ,~a~g'-day of ~ ~ ~ as identification. ,,,~-'"'.,,,. I OCT I 0 2000 'r %~ · . n. /¢' .... · /:~l ..1-',,~4 ~ ,.~,/, ,,.~ .~%x%i (Print Type, or 5ta p om C mmLvsior~ * Applicmrion tot VlFiBQc. Pet~aon - 873*8 Pate 8 or I I I I I I I I i I I I I I I I I I THIS PAGE LEF~ BLANK INTENTIONALLY OCT 1 0 2OOO ~.~,~ ._ I I I I I I I I I I I I I I I ATTACHMENTS OCT 1 0 2000 'SUBJECT PROPERTY EXHIBIT B .., Property Survey - POOL - CONCEPTUAL SITE PLAN - B BAUTSCH RESIDENCE OCT 1 0 2000 m m.. mm mm mm .m mm mmm mm mmm m mmm mm .m, ..m. mm mm m. mm EXISTI~IG CONDITIONS BAUTSCH RESIDENCE ? I I I I I I I I I I I I I I I I I I EXHIBIT G View of existing pool deck & cross - tie retaining wall OCT 10 2000 I I I I I I I I I I I I I I EXHIBIT H ~ View of neighbor's property from inside pool cage I I I OCT 1 0 2000 I RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-00-18, FOR A VARIANCE ON PROPF. RTY ~INAFTER DESCRIBED IN ~ COLr~Ty, 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 zon/ng of p~ticular geographic divisions of the County, among which is the granting of variancas; 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 4.83-foot variance from the required 10-foot rear yard setback to 5.17 feet es shown on the attached plot plan, Exh/bit "A", for a swimming pool accessory use in an RSF..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 ~pplicable matters required by Section 2.6.2.2.4, and in accordance with Section 2.?.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 opportun/ty 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 APPEAI~ of Collier County, Florida, that: The Petition V-00-18 filed by Stephen .~. Trudnak, P.A., representing David and Diane Bantsch, with respect to the property hereinafter described as: Little Hickory Shores Subdivision, Unit #3-Raplat, Block F, Lot 9, as recorded in Plat Book 6, Page 2, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 4.83-foot variance from the required rear yard setback of l0 feet to 5.17 feet as shown on the attached plot plan, Exhibit "A", of the Zoning District wherein said property is located, subject to the following conditions: Exhibit "B" -1- OCT 1 0 2000 BE IT RESOLVED that this Resolution relating to Petition Number V-00-18 be r¢cordexl in th~ minutes of this Board. Thi~ Resolution adopted after motion, second and majority vote. Done thi~ day of ,2000. ATTEST: DWIGHT E. BROCK~ CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: l~larjo~ M. Stud~n! Assistant County Attorney TIMOTHY ,1. CONSTANTINE, CHAIRMAN -2- OCT 1 2000 t Exhibit "A" ~V 00-1 POOL - CONCEPTUAL SIT~ PLAN - B BAUTSCH RESIDENCE Conditions for V-2000-18 Approval of this variance will be in accordance with Exhibit "A" with setbacks not to exceed those shown. No other structure shall be permitted within the reduced rear-yard setback except such accessory structures as may be permitted in Section 2.6.2. of the Land Development Code. Exhibit "B" OCT 1 0 2000 ~a.33 EXECUTIVE SUMMARY PETITION VAC 00-003 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN 15 FOOT DRAINAGE EASEMENT ALONG THE COMMON TRACT L1NE OF TRACTS "T" AND "S" SHOWN ON THE PLAT OF "NORTHBROOKE PLAZA" AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND TO ACCEPT A 15 ' WIDE REPLACEMENT DRAINAGE EASEMENT ALONG THE COMMON TRACT LINE OF TRACTS "R" AND "S" OBJECTIVE: To adopt a Resolution to vacate the above-described drainage easement and to accept a 15 ' wide replacement drainage easement. CONSIDERATIONS: Petition VAC 00-003 has been received by the Planning Services Department from C. Lane Wood, Esq., as agent for the petitioners, RSH of Naples, Inc., and The American Red Cross requesting the vacation of the 15 foot drainage easement along the common Tract lines of Tracts "T" and "S" according to the plat of "Northbrooke Plaza". The proposed development of the site will relocate the existing drainage facilities within the easement, and the owners are granting a replacement easement. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORICAL / ARCHEOLOGICAL IMPACTS: None EAC RECOMMENDATION: N/A CCPA RECOMMENDATION: N/A RECOMMENDATION: That the Board of County Commassioners: I. Adopt the Resolution for Petition VAC 00-003 for the vacation of the above-described drainage easement; and Authorize the execution of the Resolution by it's Chairman; and 3. Direct the Clerk to the Board to record the replacement easement documents and to record a certified copy of the Resolution in the Official Records and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY:. {~, '~ ~-~",'~/ ~ ~ l' Russ Muller, Senior Engineer f,P ~nuing Services REVIEWED BY: REVIEWED BY: APPROVED BY:~ mas E. Kuck, P.E., ~eenng~eview Manager ob~ i~ Mulhe~, AICP dng Services DeparUne~Director ~ceht ~. Cautero, AICP, Administrator Community Development & Environmental Services DATE: , :" OCT I o 2ooo 33 34 35 36 37 38 39 40 41 42 43 44 45 I RESOLUTION NO. 2000- 2 3 RESOLUTION FOR PETITION VAC 00-003 TO VACATE THE 15' WIDE 4 DRAINAGE EASEMENT ALONG THE TRACT LINE COMMON TO TRACTS 5 "T" AND "S". ACCORDING TO THE PLAT OF "NORTHBROOKE PLAZA", 6 AS KECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, PUBLIC 7 RECORDS OF COLLIER COUNTY, FLORIDA AND TO ACCEPT A 8 DRAINAGE EASEMENT AS A REPLACEMEN'I EASEMEN']' ON THE 9 COMMON TRACT LINE OF TRACTS "R" AND "S". LOCATED IN SECTION 10 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST. 11~ 12 WHEREAS, pursuant to Section 177.101, Florida Slaiutes, C Lane Wood, Esq.. of Quaties & Brady. LLP. ] 3 as agent for the petitioners, RSH of Naples, Inc., and The American National Red Cross does hereby request the ] 4 vacation of the 15 ' wide Drainage Easement along the lot line common to Tracls "T" and "S", according to the plat 15 of "Northbrooke Plaza", as recorded in Plat Book 31, Pages 65 through 66, Public Records of Collier County, ] 6 Plotida and to accept a Drainage Easement as a replacement easement on the common Tract lines of I facts "R" and l 7 "S"; and } 8 WHEKEAS, the Board has this day held a public hearing Io consider vacating said 15' wide Drainage 19 Easement, as more E~l]y described below, and notice of said public hearing to vacate was given as required by law; 20 and 21 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient 22 access of odler property owners. 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNIW COMMISSIONERS OF 24 COLLIER COUNTY, FLORIDA, that die following be and is hereby vacated: 25 See Exhibit "A" attached hereto and incorporated hereto 26 BE IT FURTHER RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER 27 COUNTY, FLORIDA, that the Drainage Easement, more particularly described in Exhibit "B" attached hereto and DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal Patrick White Assistant County Attorney rrt /7c' OCT 1 0 2000 RESOLUTION NO. R.ESOLUTION FOP. PETITION VAC 00-003 TO VACATE THE 15' WIDE DRAINAGE EASEMENT ALONG THE TILACT LINE COMMON TO TRACTS "T" AND "S", ACCOPdDING TO THE PLAT OF "NORTHBkOOKE PLAZA". AS RECOP.~ED IN PLAT BOOK 31. PAGES 65 THR.OUGH 66, PUBLIC R.ECOP..DS GE COLLIER. COUNTY, FLORJDA AND TO ACCEPT A DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT ON THE COMMON TRACT LINE OF TRACTS "R" AND "S" . LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH. RANGE 25 EAST. WHEKEAS, pursuam to Section 177 101, Florida Slatules, C Lane Wood. Esq, of Quaties & Brady, LLP as agent for the petitioners, RSB of Naples, Inc.. and The American National Red Cross does hereby reqUesl the vacalion of the 15 ' wide Drainage Easement along the lot line common Io Tracts "T" and "S", according to the plat of "Northbrooke Plaza", as recorded in Plat Book 31. Pages 65 through 66. Public Records of Collier Count3,. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal Assistant County Attorney BY: TIMOTHY 3. CONSTANTINE. Chairman LEGEND LINE TABLE NOTE: THIS EXHIBIT MAY HAV[ BEEN REDUCED. P.O.B. 7.5' ¸'7' TRACT ' S \ U O~' $A~D NOR~ROOKE I~.AZA: IHENCE $11'56'$2"[..ALONG SAtD ~STERL¥ LIN[, D[~c.,,,o. o~/=~/oo THIS IS NOT A SURVEY $~""~" ~' "~' ~"~ ~ ' ( '~ LEGAL DESCRIPTION/SKETCH ~su.w,o~s~ ~A~ ~ NORTHEB~E P~ ] 1~2-A RAIL H~, p~ T ~ 3~, paG~ ~ ~ ~ ~ ~, FL~ J ~ ~IDA ~101 sE~ 19, TO~IP U ~, RA~E ~ ~ I ~PER~,~C. ~I)597-1515 ITEM /7o_ 2000 LINE TABLE NOTE: THIS EXHIBIT MAY HAVE BEEN REDUCED. P.O.B. TRACT' S THIS IS NOT A SURVEY ~A~ ~% ~R~EBR~E P~ /_2_,--- 2000 Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quades & Brady 450'1 Tamiami Trail North Suite 300 Naples, Florida 34103 DRAINAGE EASEMENT THIS EASEMENT, granted this 13th day of January, 2000, between RSH OF NAPLES, INC., a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials tor the purpose of constructing, operating, and maintaining drainage facilities thereon. GRANTOR, pursuant to the Declaration of Covenants, Conditions, Restrictions and Easements for Northbrooke Plaza, as recorded at O.R. Book 2442, Page 2393, of the Public Records of Collier County, Florida, further declares that Northbrooke Plaza Commercial Association, Inc. shall have responsibility for maintenance of the easement described herein, in accordance with said Declaration. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNAP',19299 1,2 OCT 1 0 2000 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Printed Name By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation Robert S. Hardy, as/.~sident STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this g~ day of/~'~/'1~ 2000, by Robert S. Hardy as President of RSH of Naples, Inc., who is personally known to me. ~ign,~tgre of Notary Pt] i~ Name of Notary, Printed, Typed or Stamped My Commission Expires: LINE TABLE LEGEN~ NOTE: THIS EXHIBIT MAY HAVE BEEN REDUCED P.O.B. TRACT'S J~ LEGAL DESCRIPTION/SKETCH ~ I~;; I~1~/~ I ~Ec~,~,~O~.~,~E~ EXHIBIT "A" 2000 Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. 5a(vatori, Esq. Quades & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 DRAINAGE FACILITIES WARRANTY DEED (Northbrooke Plaza) THIS INDENTURE made this ~{~day of January, 2000, between RSH OF NAPLES, INC., a Florida corporation, (hereinafter "GRANTOR"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, its successors and assigns, (hereinafter referred to as "GRANTEE"). WITNESSETH: That said GRANTOR, for and in consideration of the sum of TEN ($10~00) DOLLARS and other good and valuable consideration to said GRANTOR, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE, and GRANTEE'S heirs, successors and assigns forever, all drainage facilities lyingwithin the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated herein by reference.) and said GRANTOR does hereby fully warrant the title to said facilities, and will defend same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the drainage 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. OCT 1 0 2000 Pg ~ IN WITN ESS WH EREOF, GRANTOR has caused these presents to be executed date and year first above written. Signed, sealed and delivered in our presence: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation Printed Name By: I~(~bert S. Hardy, as/~dent STATE OF FLORIDA COUNTY OF COLLIER 2000, by Robert S. Hardy, as President of RSH OF NAPLES, INC., a Florida corporation. He is personally known to me. Name of Notary, Printed, Typed or Stamped My Commission Expires: OCT 1 0 2000 LINE TA£LE TRACT ' S THIS IS NOT A SURVEY ,.L~su.,~o.~,.,,~P.~.~,,~? '_L ',,.~J~,A ~ ~ LEGAL DESCRIPTION/SKETCH J ee~s su. w.o.s a MAP~S INC/ ~ TRA~ ~9 NOR~EB~KE P~ I I~2-A RAIL HEAD BLVD. SEC~ON 19, TO~IP ~ ~, ~E ~ ~ EXHIBIT "A" Pg. // Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 33940 BILL OF SALE (Drainage Facilities) THIS BILL OF SALE evidencing the sale and conveyance of the drainage facilities described herein is made this 13~ day of January, 2000 by RSH OF NAPLES, INC., a Florida corporation, (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set~over and delivered, and by these presents does grant, bargain, sell, transfer, set-over and deliver unto Buyer, and the Buyer's heirs, successors and assigns forever, all those certain drainage facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as drainage facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. QBNAPH 929962 - 1 - A~OA OCT 1 0 2000 IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in ou~ presence: With ss # 1 Print~e, 'Nam_~e ,tEss ~ Printed Name (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation l~obert S. Hardy, as Pre~ent STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~;~- day of-J~=~.~ 2000, by Robert S. Hardy, as President of RSH OF NAPLES, INC., a Florida corporation. He is personally known to me. Sign~tur~of ~_.otary Public Name of Notary, Printed, Typed or Stamped My Commission Expires: QBNAP\192996.2 -2- AGENDA OCT t 0 2000 LINE TABLE NOTE: TH$S EXHIBIT MA~ HAVE BEEN REDUCED P.O.B. TRACT ' $ 7¸5' REAL PROPERTY DESCRIPlX~ THIS IS NOT A SURVEY ~1 ,'~q~OA n'EU TRACT S , NOR~EB~KE P~ f~2.A RAIL HEAD~L VD~ T I "~'~~ -r '~EJl 0 2000 SEC~N19, TO~IP~,~NGE~ [ I J Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quades & Brady 4501 Tamtaint Trail North Suite 300 Naples, Florida 2,4103 DRAINAGE FACILITIES SUBORDINATION, CONSENT AND lOINDER (Northbrooke Plaza) THIS SUBORDINATION, CONSENT AND JOIN DER given this ~' ~ ~ day of January, 2000, by and between Richard K. Bennett, as Trustee of that certain Land Trust Number 5405, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from RSH of Naples, Inc., a Florida corporation now held by Richard K. Bennett, as Trustee of that certain Land Trust Number 5405, recorded May 11,1998, in Official Record Book 2418, Page 1616, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of drainage facilities over and 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 Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain QBNAP'q 92994 2 A~r.J~ A ~ OCT 1 0 2000 easement described herein over, under, and across the Easement Property and any interest of the County in any drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Witness # ,~ ' / ,4~L~ted Nam(~ ' ,f Witne[~l~ B. Reed Printed Name By: MORTGAGEE: certain Land Trust Number 5405 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this j~'f~l day of January, 2000, by Richard K. Bennett, as Trustee of that certain Land Trust Number 5405. He is as personally known to me or [ ] has produced i-d~'~fication. ature o f~.L',d, gt a rv_P u~b I i c ' =,.e Reed Name of Notary, Printed, Typed or Stamped My Commission Expires: E,,,E B. REED JJ ~,.~'~j EXPIRES: May 26, 2~3 AGENDA ITEM LEGEND L]N£ TABLE NOTE: THIS EXHiBiT MAY HAVE BEEN REDUCED p.o.o./ TRACT' $ 7¸5' TRACT THIS IS NOT A SURVEY . '~ ~ r~.Acr "S , NOF~T~'e~OOK~ PLAZ~ ] ~-A R~IL HEA~ BL~.T SEC~ON19, TO~HIP~,~E~ I . I . o 2000 Date Received: Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND ~'-/',c~,c./. /~/ ~C~ Petition #: V,~C.. ~)~ -00~ Petitioner: See Exhibit "A" Address: Telephone: City/State: Zip Code: Agent: Qvarles & Brady LLP Address: 4501 Tamiami Trail North, Suite 300 City/State: Naplea, FL 34103 Telephone: (941) 262-5959 Zip Code: 34103 Current Zoning:. PUD Does this affect density?. us hereby authorize Agent above to represent mn for this petition: Address of Subject Property: Northbrook~ P~0z~, Tracts R,S&T (N. side of Immokalee Rd_ E of 175 Location: Section 1-9 Township 4~ Range 26E Subdivision: Northbrooke Tr a c---6-~ Legai Description: I~(~ F~:.~:T Block N/A Unit N//~ Plat Book 31 Page(s) Vacate drainage easement common to Tracts "T" & "S" and relocate Reason for Request: said easement as common to Tracts "R" & "S" No Signature ofPetitioner Robert S. Hardy, as President of RSH of of Naples, Inc. Date: [] Yes [] No Signature of Petitioner Kim A. Schwartz, as Vice President of The American National Bed Cross Date: 01/1 3/00 Please see "Policy and Procedure for the Vacation and Annuiment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 o) o) (4) AHachmcnt "B" Page 4 of 4 If applicant is a !and trust, indicate the name of beneficiaries, If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name pf principals. List all other owners. OCT 1 0 2O0O Attachment PETITION FORM FOR VACATION OF PLATS OR PORTXONS OF PLATS OF SUBDIVI'I)KD ~ Date Received: ~'~, I~: 2.~C~ Petition#: %/ Petitioner: See ExhibitS'A" .... Address: Telephone: City/State: Zip Code: Agent: Quarles & Brady LLP Address: 4501 Tamiami Trail North, Suite 300 City/State: Naples, FL 34103 Telephone: (941~, 262-5959 Zip Code:, 34103 Address of Subject Property: No~chb~ooke P~$~:e. T~ncts R.S&T tN_ sid~ n~ ~okn]~. ~d ~ o~ I7 Loca~n: S~on~ Township 4~ ~nge~Subd~iou: No~thbrnnk~ P~ Tracts L~alD~c~pfion: ~ ~ ~ T Block N/A Unit N/A P!at~ok R1 Pag~s~ ~-~ Re~onforRequ~: sa~d ease~n~ a5 common ~o T~ac~a "R" & "~" ,& and relocate Cu~ent Zon~g: PUD ~ this aff~ den~? No us hereby anthor'~ A~ ~en~t.~ab~ov~ to rcpresent~mn for this petition: [] Yes No SignatureofPetitioner ~/ Signatore of Petitioner* Robert S. Hardy, as Preside of RSH of Kim A. Schwar"cz, as V~ce President o~ ~aples, Inc. o~ The American National Re~ Cross Oa~e:,.~ ~ ~ Date: Ple~ see Po~ and Proc~ure for the Va~Uon ~nd ~nu~ent of~la~ or Po~o~ of PI~ of Sub~vided Land" for ~e I~ of sup~!ve mnter~!s which mu~ accompany this pe~fion, and deUver or mail to: Co~uni~ Dev~opm~t & En~onmen~ Se~ic~ Diasion P~n~ ~c~ De~ent 2~ No~ Ho~hoe Dr. Napi~ ~o~da 34104 O) (3) (4) P~§¢ 4 of 4 If applicator is a land trust, Indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, Indicate the name of off-reefs and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the un..~..~ principals. AGF..t~DA ITF List all other owners. ~_._. OCT 1 0 2000 Attachment "B" ~-r ~ o~ ~ PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND EXHIBIT "A" Joint Petitioner: Telephone: Address: RSH of Naples, Inc. (941) 593-3883 10641 Airport Road North Suite 32 The American National Red Cross (202) 639-3279 430 17th Street Northwest City/State: Naples, FL 34109 Washington, DC 20006 QB NAP'Q_05996 I ~?~r.l~A ITEM OCT 1 C 2000 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date ' Payment Slip Nbr 175346 ' 01/18/2000 11:04:11 AM 101/18/2000 MS 65028 RSH OF NAPLESINC. New or Exist: N Payor: R S H Fee Information Fee Code Description GL Account 12PVAC PETITION TO VACAT~ 11313890032910000000 $1000.00 Total $1000.00 Amount ' Waived Payments Payment Code CHECK AccountJCheck Numbe~ Amount 2163 $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid $1000.00 Memo: Vacation of Easement - Northbrooke Plaza Check No. 2163 Cashier/location: GARRETT S / 1 User: AKERS_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:01/ A~.NOA IT~ KE'I'U ILN TO: STEWART & KEYES P. O, DRAWER 790 FORT MYERS~ FL 33902-0790 TIllS INSTRUMENT PF. EI'ARED BY: WILLIAM L. STEWAP, T, ESQUIRE STEWAR. T & KEYES P.O. DRAWER 790 FORT MYERS, FL. 33902-0790 PROPERTY APPRAISER'S PARCEL LD. (FOLIO) NUMBER(S): 00183800004,00154080001 & 00183920007 bx7793 OR: 2418 PG: 1614 1501 T~lMl TI I UOI SPECIAL WARRANTY DEED THIS SPECIAL WARIL&NTY DEED Made this ~"~,.~ day of MAY, A.D., 1998, BETWEEN: RICHARD K. BENNETT, Successor Trustee of Land Tmsl No. 5405, dated August 22, 1986, of the County of Collier, in the Stale of Florida. hereinafter called grantor, and R. S. B, of Naples, Inc., a Florida corporanon, whose correcl address 6289 Burnham Road, Naples, Florida 34119. of the County of Collic~, tile State of Florida, hereinafter called the grantee. WITNESSETH Illat the said grantor, for and in consideration of tile sum of Ten Dollars and other valuable considerations to him in hand paid by tile said granlee, the receipt whereof is hereby aclu~iowledged, has granted, bargaJnad anti sold lo Ihe said grantee, his heirs and assigns forever, the following described land, siluate lying and being in the County of Collier, State of Florida, to-wit: A parcel of land located in the Southeast Quaffer (SE %) of Scction 19, Township 48 Soulh, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast comer of Section 19, Township d8 Sonlh, Range 26 East, Collier County, Florida; Thence mn Soulh 89° 34' 36: Wast along tile South line or Ihe Southeast Quaffer (SE %) of Ibc said Section 19 for a dislance of 100.00 feet; thence mn North 00° 42' 54" West parallel with the East line of the Southeast Quaflat (SE %) of the said Section 19 for a distance of 100.00 feet to a point on the Northerly line of a 100.00 foot County Canal easement and the POINT OF BEGINNL'NG of the parcel of land herein described; Thence continue North 00° 42' 54" West parallel wilh the East line of the Southeast Quarter (SE %) of the said Section 19 for a distance of 1,2,43.75 feet; Thence run South 89° 17' 06" West for a distance of 450.00 feet; Thance run North 45° 45' 00" West for a distance of 200.00 feet; Thence run North 28° 38' 00" West for a distance of 321.01 feet', Thence run North 78° 55' 38" West for a distance of 544.92 feet to the Northeaslarly comer of a drainage easement recorded in Off~eial'Record book 365 at page 414 of the Public Records of Collie,' County, Florida; Thence run Soutb 01° 37' 19" East along the Easterly line of said drainage easement for a OCT 1 0 2000 distance of 442.73 feet to the beginning of a langential ckcutar concave to the East; Thence run Southerly along tile aru of said curve to the left, same being the Easterly line of said drainage easement, having a radius of 2,650.79 feet through a central angle of l0° 32' 08", subtended by a chord of 486.74 feet at a bea~ng of South 06~' 53' 23" East, for a distance of 487.43 feet to the end of said curve; Thence run Soulh 12° 09' 27" East along the Easterly line of said drainage easement for a distance of 675.77 feet; Thence run South 48° 49' 40" Easl along the Easterly line of lhe said drainage easement for a distance of 279.67 feet to a point on the Norlherly line ofa 100.00 foot County Canal Easement; Thence run North 89° 34' 36" East along the Northerly line of the said 100.00 foot County Canal easement for a distance of 8'73.61 feet to the POINT OF BEGINNiNG. LESS AND EXCEPTiNG a 100 foot wide strip of land located in the East Half (E ~,) of Section 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, more particularly described in that certain Deed from NationsBank of Florida, N.A., Trustee under Land Trust 5405 to Robert S. Hardy recorded in Official Records Book 1799, Page 2330, Public Records of Collier County, Florida. Subject to cascments, reservations or restrictions of record. Bearings shown herein refer to those shown on the Stale of Florida Department of Transportation Right-of. Way Map for Florida State Road No. 93 (Interstate 1-75) Section 03175-2401. Said property is vacant and unimproved and is not the Homestead of the grantor. And the said grantor does hereby warrant the title to said lands, and will defend the same, against the lawful claims of all persons whomsoever claiming or to claim the same, by, through or under the grantor herein. iN WITNESS WHEREOF, the. gaid grantor has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered '~x _¥- (Seal) / ' ~CH~ K. BENNE~, Succcssur Trustee ofL~d Tmsl No. 5405, dated August 22, 1986 3033 Riviera Driv~ x F~ Y t Naples, Florida 34103 STATE OF A cO V OF Co/(ie The foregoing Special Wa~anty Deed was ac~owledged bofore me this day of ~Y, 1998, by ~CH~ ~E~, Successor Trustee of Land Trust No. 5405, dated August 22, 1986, [~who is personally ~own to me or [ ] who has as produced his Flodda DHver'a License Number ~ ~ ~: ~ a. ~ ~ta~'Publi~ o f Florida OCT 1 0 2Onto Pg. This instrument prepared by and after recording return to: Leo J. Salvatori, Esq. Quades & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 6211 OR: 2562 PG: 2261 RBCORDBD in OP~ICIAL RBCOBDS of CDLLI.~B COBN?~., 249156.00 BIt ~BB 10.50 I744.40 Hetn: ~UARLBS & BBAD~ 450! TAMIAMI ?R B 1300 WARRANTY DEED This Indenture, made this 15th day of June, 1999, between RSH OF NAPLES, INC., a Florida corporation, GRANTOR, and THE AMERICAN NATIONAL RED CROSS, a United States Corporation, whose tax identification number is 59-1420958 and whose post office address is 669 9th Avenue South, Naples, FL 34102, GRANTEE. Witnesseth that said Grantor, for and in consideration of the sum of TEN DOLLARS, a~d other good ~nd valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantees heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida. All of Tract "T" of Northbrooke Plaza, as recorded in Plat Book 31, pages 65 and 66, Public Records of Collier County, Florida. Subject to the Declaration of Covenants, Conditions, Restrictions and Easements to Northbrooke Plaza Commercial Parcel, together with the Articles of Incorporation, By-laws and Rules and Regulations of Northbrooke Plaza Property Owner's Association, Inc., recorded in O.R. Book 2422, page 2393, Public Records of Collier County, Florida, as amended. Further subject to oil, gas and mineral rights of record; and real estate taxes for the year 1999, and all subsequent years, being a portion of the property bearing Property Identification Number 00183920007. Further subject to that certain Easement Agreement from RSH of Naples, Inc., in favor of Northbrooke Plaza Commercial Association, Inc. encumbering the Westerly 35 feet of the insured premises, recorded in O.R. Book 2524, page 1049, Public Records of Collier County, Florida. and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. OCT I ,.-S QBNAP\184045.I *** OR: 2562 PG: 2262 *** In Witness Whereof, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed a~d delivered in .our~~ ...._.~ 21;~ Pr'lfq ted Name Printed Name (Corporate Sea]) RSH OF NAPLES, INC., a Florida corporation BY: O~ S. HARDY, 10641 Airport Road North, No. 32 Naples, FL 34109 STATE OF FLORIDA COUNTY OF COLLIER FI i~The foregoing instrument was acknowledged before me this L%'~' day of , 1999, by ROBERT S. HARDY, as President of RSH OF NA'~-'~-S, INC., a on, on behalf of the corporation. He is personally known to me. S~g~'~ature/~Nota-~ ~-~i~ ~ TRUDY & ~ITH Name of Notary, Printed, Typed or Stamped My Commission Expires: QBNA.P~184045.1 2000 Guy L. Carlton C.F.C. COLLIER COUNTY T~X COLLECTOR COURTHOUSE-BLDG. C-1 NAPLES, FLORIDA 34112-4997 MILL CODE 98 ESCROW CODE 0000 R S N OF NAPLES INCOP~POP. ATION 4500 EXECUTIVE Drive NAPLES FL 341198939 TIME: F~(: NU~f~E R OF Wednesday, January 12, 2000 12:18 PM 9414344939 PAGES (INCLUDING TNIS PAGE) i 1999 COLLIER COUNTY DISCOUNT EARNED A~OUNT DUE VALUE ASSESSED 113,916 H~fSTD AGRI 1214 AGRICLTR112702 NOTICE OF AD VALOP~EM TAXES AND NON-AD VALOREM ASSESSMENTS 4% IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 04 IN MAR 16.24 16.41 16.58 16.75 16.92 AUTHORITY AMOUNT AD ~ALOREH TAXES COUNTY 4.30 SCNOOL-STATE 6.27 SCHOOL-LOCAL 3.15 CITY .00 DEPENDENT 1.03 ~-ATER MGT. .68 INDEP. SPECIAL 1.44 VOTER APPR. DEBT .05 NON-A/) VA~OP~EH ASSESSMENTS TAXANLE 1,214 CO~INED TOTAL IN Jan 16.92 PROPERTY ID# 63944000909 LEGAL DISC. NORTHBROOKE PLAZA TP, ACTS LOCATION: NANORTHBROOKE PLADR 2600 The property taxes have not been paid. ACiF. NOA iTEM OCT 0 200O Guy L. Carlton C.F.C. COLLIER COUNTY TAX COLLECTOR COURTHOUSE-BLDG. C-1 NAPLES, FLORIDA 34112-4997 HILL CODE 98 ESCROW CODE 0000 R S H OF NAPLES INCORPOP, ATION 4500 EXECUTIVE Drive NAPLES FL 341198939 TIP~: FAX: N~ER OF Wednesday, January 12, 2000 12:14 PM 9414344939 PAGES (INCLUDING THIS PAGE) I 1999 COLLIER COUNTY DISCOUNT EARRED AMOUNT DUE VALUE ASSESSED 224,380 ~dSTD AGRI 2392 AGRICLTR221988 NOTICE OF AD VALOP~H TAXES ARD NON-AD VALOP~EH ASSESS~NTS 4% IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 0% IN ~ 32.02 32.35 32.68 33.02 33.35 AUTHORITY AMOUNT AD VA~OREH T~ES COUNTY 8.47 SCHOOL-STATE 12.35 SCHOOL-LOCAL 6.21 CITY .00 DEPENDENT 2.03 WATER MGT. 1.34 INDEP. SPECIAL 2.85 VOTER APPR. DEBT .10 NON-A/) VA~OREH ASSESSHENTS TAXABLE 2,392 CO~INED TOTAL IN Jan 33.35 PROPERTY ID# 63944000844 LEGAL DISC. NORTHBROOKE PLAZA TP, ACT LOCATION: NANORTHBROOKE PLADR 2590 The property taxes have not been paid. OCT C 2 00 Guy L. Carlton C.F.C. COLLIER COUNTY TA/( COLLECTOR COURTHOUSE-BLDG. C-1 NAPLES, FLORIDA 34112-4997 MILL CODE 98 ESCROW CODE 0000 THE AP~RICAN NATL RED CROSS UNITED STATE CORP 669 NINTH avenue SOUTH NAPLES FL 341026937 TIME: FAX: NU~H~ E R OF Wednesday, January 12, 2000 12:20 PM 9414344939 PAGES (INCLUDING THIS PAGE) i 1999 COLLIER COUNTY DISCOUNT EARRED AMOUNT DUE VA~UE ASSESSED 203,668 HI~fSTD 2171 AGRICLTR201497 NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 4% IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 0% IN ~ 29.08 29.38 29.68 29.99 30.29 AUTHORITY AMOUNT AD VALOREM TAXES COUNTY 7.69 SCHOOL-STATE 11.21 SCHOOL-LOCA~ 5.64 CITY .00 DEPENDENT 1.85 ~ATER MGT. 1.22 INDEP. SPECIA~ 2.§9 VOTER APPR. DEBT .09 NON-AD VALOREM ASSESSMENTS TAXABLE 2,171 COME INED TOTAL IN Jan 30.29 PROPERTY ID# 63944000925 LEGAL DISC. NORTHBROOKE PLAZA TRACT T LOCATION: NANORTHBROOKE PLADR 2610 The property taxes have not Been paid. ocli 1 o 2ooo Florida Power & Light Company, 4105 15th Avenue S. W., Naples, Fl. 34116 Feb 3, 2000 Purse Associates, Inc. Attn: George G Purse P.E. Bonita Oaks Square Unit 9 4450 Bonita Beach Rd Bonita Springs, F1 34134 Re:Northbrooke Plaza Drainage Easement Vacation Letter of No Objection. Dear Mr Purse: FP&L Company has reviewed your request & has no objection to the proposed vacation of the requested drainage easement located between Tracts T & S, It is understood that FP&L Company may require additional electric easements within the boundaries of this project as the property is developed. If you have any further questions on this issue please contact me at (813)353-6060. Sincerely, Mark K Jo'h~so~ Construction Services an FPL Group comicany A~A ITE OCT 1 O 2,000 February7.2000 Mr. Geoffrey G. Purse Purse Associates, Inc. Bonita Oaks Square Unit 9 4450 Bonita Beach Road Bonita Springs, Florida 34134 Re: Northbrooke Plaza - Vacation of Drainage Easement Dear Mr. Purse: In response to )'our inquiD of January 11, 2000, regarding the vacation of the drainage easement located between Tracts T & S, this is to advise that Sprint-Florida. Inc. has no objection to the vacation of this easement and the replacement of this easement by an easement between Tracts S & R. lf~e can provide additional information, please contact me at 263-6293. Sincerely. Luis C.Negron Network Engineer II E&C LCN/j'~ OCT I ? Geoffrey G Paine P E Jen~C NealPE ' ' Pume Associates 948-2102 JanuaD 11. 2000 Mr. Jolm Boldl Collier Count) Storm Water Management 3301 East Tanuami Trail Naples. Florida 34112 Northbrooke Plaza Drainage Easement Vacation Letter of No Obiection DearJohn: Northbrooke Plaza has submitted to the County a request to vacate drainage easement at located between Tracts T & S and replace it with a drainage easement between Tracts S & R. The plat when filed was in error because the actual drainage pipe is located between Tracts S & R. Please provide us at your earliest convince a "Letter of no Objection" using the verbiage" I have no objection to the proposed vacation" Please call me if you require any additional information. SincereIx. AGENDA /7o_ OCT 1 MediaOne'" This is Broadband. This is the way. 301 To~ner Road Naples. FL 34113 Telephone: 941-732-3801 Fax: 941-992-1289 January17,2000 Mr. Geoffrey G. Purse Purse Associates, Inc. 4450 Bonita Beach Road Bonita Springs, Florida 34134 Re~ Northbrooke Plaza Drainage Easement between Tracts T and S, Section 19, Township 48 South, Range 26 East, Collier County, Florida Dear Mr. Purse: MediaOne® has no objection to the proposed easement vacation of the above referenced property. If you have any future concerns, please feel free to call me at (941) 432-1801. Sincerely, Gene Howell, Construction Manager EHdfjh our I 0 2000 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DEPARTMENT January 12,2000 Geoffrey G. Purse, P.E. Purse Associates, Inc. n_o¢im O:i.t:s Square Unit 9 4450 Bonita Beach Road Bonita Spnngs, FL 34134 3301 E TAMIAMI TRIAL. NAPLES, FL 34112 ~9411 774-8494 FAX: 19411 774-5375 Re: Nmghbrooke Drive Drainage Easement Vacation Dear Mr. Purse: Thank you for your letter of January 11, 2000, same subject. Based on the information proxided by you, be advised that this office takes no exception to the proposed easement vacation. If there are an> questions or if you seek additional information. please contact me at 774- 8494. Very tr, uly yours, / / ..'//. Ed~ ard J. Ka~t~:P.E. co: Russ Muller, Engineer II File: Northbrooke Drive OCT 1 9 LoO [ .....__1 Janua~ 11, 2000 Mr. John Houldsworth Collier County Project Services 2800 North Homeshoe Drive Naples, Florida 34112 Purse Associates, In Bonita Oaks Square UnR 9 44~0 Bonita Beach Road Ph 948-2100 Fa.x 948-2102 Northbrooke Plaza Drainage Easement Vacahon Letter of No Obiection Dear John: Northbrooke Plaza has submitted to the County a request to vacate drainage easement at located between Tracts T & S and replace it with a drainage easement between Tracts S & R. The plat when filed was in error because the actual drainage pipe is located between Tracts S & R, Please provide us at your earliest convince a "Letter of no Objection" using the verbiage" I have no objection to the proposed vacation". Please call me if you require any additional information. SincereIx. ';5 Geoffrey G'Phrse I~B OCT 1 0 2000 Chicago (Quaties & Bmd~ m ) JanuaD'12,2000 Mr. Ed Finn Public Works Division 3301 East Tamiami Trail Naples, FL 34112 Re: Vacation of Platted Drainage Easentent at Northbrooke Plaza Dear Mr. Finn: Our firm represents RSH of Naples. Inc. ("RSH") and American Red Cross ("ARC"), owners of Tracts "R", "S"and "T" at Northbrook Plaza. We have been engaged by RSH and ARC to act as the authorized agent in connection with their joinl petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts "T" and "S". Attached Exhibits "A" and "B" depict and describe the current and revised locations of the subject drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our clienCs petition by means of a "No Objection" Letter. We therefore respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact us if you should have any questions. You may reach me directly at 434-4923. Respectfully, QI'ARLES & BRADY LiP t// ('. l.ane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts "T" & "S" at Northbrooke Plaza as described hereinabove and depicted in the attached Exhibits "A" and "B." Printed name: ~ff~ ~, ~FgL._L) 7- [.Tr~,.t/5t,~ CLW/ts enclosures QBNAP~205983.1 n OCT 1 0 Suite 300 4501 Tamiami Trail North Naples, Florida 34103 3060 94U262-5959 FAX 941434-4999 http://www quarios corn January 12, 2000 Ms. Janet Kelly Northbrooke Plaza Commercial Association, Inc. 4500 Executive Drive Naples, FL 34119 Attorneys al Law in Milwaukee and Madison Wisconsin West Palm Beach and Naples, Fiorida Phoenix, Arizona Naples Attorneys James T Demarest Robert E Boyle Jr Ldllana M Farinas Timothy G Horns Samara S Holland John B Humphreydie Kimberly L Johnson Edmond E Koester Susan B Kuhar Lisa C Lottes Thomas E Maloney F Joseph McMackm Mark H Muller Dawd L Petersen Leo J Saivatori 6 Lane Wood Re: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Ms. Kelly: Our firm represents RSH of Naples, Inc. ("RSH") and American Red Cross ("ARC"), owners of Tracts "R'L "S"and "T" at Northbrook Plaza. We have been engaged by RSH and ARC to act as the authorized agent in connection with their joint petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts "T" and "S". Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our client's petition by means of a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid era elope for your convenience and x~ e thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if yon should have any questions. Respectfully, QUARLES & BRADY C. Lane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts "T" & "S" at Northbrooke Plaza as described hereinabove and depicted in the attached Exhibits "A" and "B." Signature: Printed name: Title: CLW/ts enclosures QBNAP 205983 LIST OF ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250 FEET OF PROPOSED VACATION Name: Address: Zip Code: Parcel Number: GEORGE K. BOU-SLIMAN, MICHAEL G. BOU-SLIMAN AND HAYLEY BOU-SLIMAN, TRUSTEES 267 Colonade Circle Naples, FL 34103 63944000022 (Tract A, Northbrooke Plaza) Name: Address: Zip Code: Parcel Numbers: RSH OF NAPLES, INC. 10641 Airport Road North, Suite 32 Naples, FL 34109 43944000284 (Tract C); 63944000585 (Tract I); 63944000789 (Tract Q); and 63944000983 (Tract U), all within Northbrooke Plaza QBNA~206041 1 OCT 1 0 EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 1999.00 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 1999-00 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendment~ requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 199%00. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries which were previously considered and approved by the Board contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 1999-00 adopted budget. Prepared by:. Michael Smykowski, OMB Director Date: Approved By: Thomas W. Olliff, County Manager Date: AGENDAITEM NO. /TP 0 C T 1 0 2000 Pg.. / COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1999-00 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on October 10, 2000, at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 00-451 496 Airport Authority $1,648,000 $8,720,160 PURPOSE: To appropriate grant funds to widen a half mile portion of CR846 and build a loop road in the Immokalee Airport Industrial Park. 00-452 496 Airport Authority $280,000 $9,000,160 PURPOSE: To appropriate grant funds for environmental mitigation for parallel taxiway at the Marco Island Airport. 00-485 001 General Fund $36,000 $140,995,610 PURPOSE: To appropriate Maintenance Services revenues to offset costs of special services provided. 00-501 116 RSVP $1,129 $193,325 PURPOSE: To appropriate grant funds for National Senior Service and National Community Service conferences. AGENDA ITEM No. /?~> OCT 10 2000 Pg. Z. 00-509 00-510 00-511 193 194 196 TDC PURPOSE: To re-allocate TDC revenues to establish separate budget allocations for museums, tourism promotion, and disaster recovery. $264,200 TDC $1,404,500 PURPOSE: To establish a consoliudated budget for Tourism promotions. TDC PURPOSE: To establish a consoliudated budget for TDC Disaster Recovery. $440,200 $3,795,069 $4,935,369 $1,359,590 AGENDA ITEM No. OCT 10 2000 pg. 7 8 9 20 22 23 24 25 26 27 28 29 3O 32 33 34 35 36 38 39 40 42 RESOLUTION NO. 00-BAR. A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 1999/00 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Comnassioners (hereinafter also referred to as "Board") at any t~me within a fiscal year may amend a budget for that year, and provides the procudures therefor; and WHEPJEAS, the Board of County Corarmssioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: ~mticipated carry forward. tinanticipated revenue, and/or receipts of a nature from a source not anticipated in the budget and receive~ for a paxxicular purpose; appropriations for expenditures in particular funds that should be de. creased and other appropriations in the same fund that should be correspondingly increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and unprovements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WFIEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 1999/00 by resolution pursuant to Section 129.06, Florida StaOates. NOW, THF~REFORE, BE IT P. ESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA, that the budget amendments to the 1999/00 FY Budget described below are approved am:i hereby adopted and the 1999/00 FY Budget is so amended. INCREASE I/qCREASE (DECREASE) (DECREASE) INTERFUND $(1,003,746) $1,844,700 $1,404.500 $440.200 BE IT FliRTHER RESOLVED that the Clerk is hereby or darexl and directed to spread this Resolution in full among the minutes of this meeting for permanent r~ord in his office. AGEND"A ITEM No. /72 OCT 1 0 2000 Pg._ 2 3 5 6 7 8 By: 9 Deputy Clerk 11 Approved as to form and i2 legal sufficiency~ This Resolution adopted after motion, second and majority vote favoring same DATED: ATTEST: BOARD OF COUNTy COM~II$$1ONERS DWIGHT E. BROCK, Clerk COI J IgI~ COUNTY, FLORIDA By: - 2 - AGENDA ITEM No. /7 ~3 OCT 10 21)00 pg. .~