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Agenda 01/09/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 9, 2001 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE 1N THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church 2. PLEDGE OF ALLEGIANCE 1 January 9, 20Ol 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. November 28, 2000 - Regular Meeting B. November 29, 2000 - Special Meeting C. December 12, 2000 - Regular Meeting D. December 13, 2000 - Special Meeting E. December 20, 2000 - Workshop Meeting $. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming January 14-21, 2001 to be designated as "Purple Martin Week" in Collier County. To be accepted by Mr. Carter Smith, President, Purple Martin Society of Collier County. 2) Proclamation proclaiming that the Collier County Domestic Animal Services Department is recognizing January, 2001 as the official grand opening and Pet Adoption Month. To be accepted by Jodi Walters and Terry Tilley of the Humane Society. 3) Proclamation proclaiming the week of January 8, 2001 to be designated as Collier County Safe Boating Week. To be accepted by Mr. Phil Osborne, President of the Marine Industries Association of Collier County. SERVICE AWARDS Five Year Attendees: 1. Natalie Kelly, Vanderbilt Library - 5 Years 2. Abraham Hernandez, Pelican Bay - 5 Years 3. Jerry Loughridge, Solid Waste - 5 Years 4. Luis Trujillo, Utility Billing - 5 Years 2 January 9, 2001 5. Timothy McGeary, EMS - 5 Years Ten Year Attendees: 6. Alan Ott, Water Distribution - 10 Years 7. Joan Young, Utility Billing - 10 Years C. PRESENTATIONS SELECTION OF CHAIRMAN AND VICE-CHAIRMAN 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Request for Public Petition by Naples Junior Chamber of Commerce regarding public seating community service project. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM WAS CONTINUED FROM THE DECEMBER 12~ 2000 MEETING AND IS FURTHER CONTINUED INDEFINITELY. Consideration of an alternative road impact fee calculation for a self-serve car wash facility in Immokalee. B. TRANSPORTATION SERVICES 1) Authorize the Transportation Administrator to proceed with the design and construction of Vanderbilt Beach Road as a six-lane facility from Airport-Pulling Road to Logan Boulevard and as a four-lane facility from Logan Boulevard to Collier Boulevard, Project Number 63051, CIE g24. C. PUBLIC UTILITIES 1) Authorize staff to implement the Directors of the Board to solve the County's short and intermediate term solid waste disposal needs. This is a direct result of the December 20, 2000 Solid Waste Workshop. 3 January 9, 2001 Do PUBLIC SERVICES 1) Award a Contract for RFP g00-3176, Production of Beach Compatible Sand to E. R. Jahna Industries Inc. 2) Award a Contract for Bid No. 00-3181, Collier Bay Entrance Dredging to Subaqueous Services, Inc. 3) Award a Contract for Bid No. 00-3182, Hideaway Beach T-Groin Construction to Subaqueous Services, Inc. 4) Approve a Tourist Development Council Category "A" Grant Application for the Production, Transport and Placement of Beach Compatible Sand. 5) Approve a Tourist Development Council Category "A" Grant Application for a Feasibility Study for Hideaway Beach Renourishment. 6) Approve a Tourist Development Council Category "A" Grant Application for Additional T-Groins at Hideaway Beach. 7) Approve a Tourist Development Council Category "A" Grant Application for the Collier Bay Entrance Dredging Project. E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. B. Appointment of member to the Library Advisory Board. C. Appointment of member to the Ochopee Fire Control District Advisory Committee. D. Appointment of member to the Collier County School Readiness Coalition. E. Appointment of member to the Hispanic Affairs Advisory Board. F. Appointment of member to the Affordable Housing Commission. G. Appointment of member to the Rural Lands Assessment Area Oversight Committee. 4 January 9, 2001 He Reconsideration of vote taken on December 12, 2000, Agenda Item 12 (C) (1), adopt an ordinance to amend the Collier County Educational Facilities System Impact Fee Ordinance by adding a provision for an exemption for adult-only communities. Ordinance 2000-90 Adopted 3/2 (Commissioner Fiala and Coletta (opposed). Commissioner Mac'Kie and Commissioner Henning. I. Recommendation to approve an action plan for the County Manager to provide written expectations for performance for FY-01. J. Resolution supporting the endorsement/co-sponsorship of Southwest Florida Transportation Outreach Program applications. (Commissioner Carter) K. Resolution supporting the new lmmokalee Customs Facility. (Commissioner Carter) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners adopt a Resolution designating the Clerk of the Circuit Court as the Representative of Collier County in the Collection of Costs, Fees, and Fines, to Defend Bond Forfeitures, to Prosecute Civil Restitution Liens, and Collect a Reasonable Fee for those services. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF 1TEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission Members. V-2000-25, Joseph Sabatino requesting a variance of 7.5 feet from the required side yard of 7~5 feet to 0 feet along the East side yard of Lots 44, 45 and 46; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; 5 January 9, 2001 2) 3) 4) and a variance of 10 feet from the required rear yard of 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls for property located on 111'~ Avenue North, further described as Lots 44, 45, 46 and 47, Naples Park Unit 6, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all oarticitmnts be sworn in and ex parte disclosure be provided by Commission Members. V-2000-23, Tom Masters, P.E., representing Vineyards Development Corporation, requesting an after-the-fact variance of feet from the required 5 foot rear yard setback to 3.66 feet for property located at 1006 Fountain Run, further described as Lot 112, Fountainhead, in Section 5, Township 49 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission Members, V-2000-21, Chris Allen requesting a 7.5 foot side yard after-the-fact variance from the required 30 feet to 22.5 feet for property located at 555 Hickory Road, further described as LOt 21, Block Y, Pine Ridge Extension. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission Members. V-2000-30, Schenkei and Shultz, Inc., representing the District School Board of Collier County, requesting a variance from the 35 foot maximum building height restriction for principal structures in RSF-3 Zoning District to 5 stories, not to exceed 80 feet for property located on Cougar Drive, in Section 12, Township 49 South, Range 25 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 6 January 9, 2001 1) 2) 3) 4) $) 6) 7) 8) 9) 10) 11) 12) Accept and approve Annual Advisory Board Review for the Collier County Water and Wastewater Authority. Approve a Tourist Development Council Category "A" Grant Application to sand tighten the Gordon Pass Jetty in accordance with the Gordon Pass Inlet Management Plan. Approve a Tourist Development Council Category "A" Grant Application to renovate and upgrade four beach accesses in the City of Naples. Final acceptance of Water and Sewer Utility Franchise for Pelican Strand, Tract 14. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Autumn Woods Unit One." Tourist Development Funding for Champion Sports Productions, Inc., $6000. Waive the competitive bid process and authorize the Chairman to sign the agreement with the Florida International University. Recommendation that the Board of Collier County Commissioners approve the release of Purported Lien for Public Nuisance Resolution 98-312. Approve a Tourist Development Council Category "A" Grant Application to renovate and expand the Lowdermilk Park Pavilion/Concession/Restroom Structures. Approve a Resolution adopting a Citizen Participation Plan that will guide the development of Collier County's five-year consolidated plan for the Community Development Block Grant Program. Recommendation that the Board of Collier County Commissioners approve the Satisfaction of Lien for Public Nuisance Abatement Resolution 93-319. Petition C-2000-12, Collier County Fair and Exposition, Inc., requesting Permit to conduct a Fair from February 2 through 10, 2001, on County owned property at the Collier County Fair Grounds on Immokalee Road (CR 846) North Golden Gate. B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners reject RFP 000.3158 and authorize the extension of the current contract for management services for the Pelican Bay Services Division. 2) Requesting Board direction for staff to review the millage of the Lely Golf Estates Municipal Services Taxing Unit (MSTU) Beautification for an increase. 3) Authorize the Transportation Division to solicit the services of a consultant for the purpose of conducting a Transportation Corridor Study of the options to address 7 January 9, 2001 4) 5) 6) 7) 8) 9) lO) 12) 13) 14) 15) the North/South traffic demand South of Radio Road including but not limited to the potential extension of Livingston Road. Authorize the Transportation Division to solidt the services of a consultant for the purpose of conducting a Transportation Corridor Study of the Vanderbilt Drive area. Approve a Budget Amendment for purchase of a replacement tractor mower for the Immokalee Road and Bridge section. Requesting that the Board authorize the Chairman to execute the attached Federal Transit Administration Section 5310 Grant Application and applicable documents. Requesting that the Board authorize the Chairman to execute the attached Federal Transit Administration Section 5311 Grant Application and applicable documents. Approve a Budget Transfer for the continuation of landscape improvements on Davis Boulevard (SR 84) from County Barn Road West for approximately six hundred fifty feet. Approve contract for professional engineering services by Hole Montes, Inc., for Immokalee Road six-laning design from U.S. 41 to 1-75, Project No. 66042. Approve Amendment No. 3 to Agreement No. 91-1763 for Phase IV Engineering/Environmental Services with Wilson Miller, Inc., for the Gordon River Extension Basin Study (County Project No. 31005). Award a Construction Contract to Better Roads, Inc., for the widening of Airport- Pulling Road from Pine Ridge Road to Vanderbilt Beach Road, Collier County Project $62031; Bid ~00-3159. Approve Work Order No. ABB-FT-01-02 with Agnoli, Barber and Brundage, Inc., for the preparation of Contract Documents for intersection improvements at Radio Road and Davis Boulevard (SR 84), Project No. 65031, CIE #16. To transfer funds within the Golden Gate Municipal Services Taxing Unit (MSTU) from the Santa Barbara Boulevard Project to the Tropicana Boulevard Project for improvements. Request for speed limit reductions from thirty miles per hour (30 mph) to twenty- five miles per hour (25 mph) on Gulf Shore Drive from Vanderbilt Beach Road to Bluebill Avenue. Approve Change Order No. 3 to the Construction Contract 000-3039. Golden Gate Boulevard widening from CR 951 to Wilson Boulevard; Collier County Project No. 63041; Bid No. 00-3039, CIE No. 62 Approve Amendment No. I to Professional Services Agreement Contract with Wilson Miller Inc., for the widening of Golden Gate Boulevard, Collier County Project No. 63041, CIE No. 62, RFP 099-3022 8 January 9, 2001 17) Request that the Board of County Commissioners adopt the Final Public Transportation Operation Plan (PTOP); copies of which will be provided to the Commissioners. C. PUBLIC UTILITIES 1) Approval to rent two Integrated Mail Systems for Processing Water and Sewer Bills. 2) Approve Professional Services Agreement with Wilson Miller for Engineering Services related to the new County Barn Site Development, RFP 00-3114, Project 70059 and 73072. 3) Adopt Resolution to approve the Public Utilities procedure of billing customers who have been under billed for effluent. 4) Amend Professional Services Agreement for Master Pump Station 1.02, Contract 89-1506, Project 73924. 5) Award Bid 000-3148 - "Annual Contract for Sale of Corrugated and White Goods", Scrap Metals. 6) Approve carry forward budget amendments for the North County Regional Water Treatment Plant Odor Control Modifications, Projects 70072 and 70073. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve a Historic Preservation Grant Agreement of $20,000 from the State Division of Historical Resources for the Roberts Ranch Restoration, and approve the Associated Budget Amendment. 2) Approval of Budget Amendments necessary to reimburse the Friends of the Museum for the demolition and removal of the salvageable parts of the Ice House at Naples Airport. 3) Approve a Work Order for Vineyards Community Park, Storage Building. 4) Approve the Amendment to the Older Americans Act Grant Contract and authorize the Chairman to sign the amended contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 5) Approve the Medicaid Waiver Revised Continuation Contract and authorize the Chairman to sign the contract between Collier County Board of County 9 January 9, 2001 Commissioners and Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. E. SUPPORT SERVICES Approve Budget Amendment to increase appropriations for Personnel, Operating Costs, and Fuel in Fleet Management Fund (521) to support maintenance and operations of the new Collier County Public Transit System. Approval of a Budget Amendment in the amount of $12,000 to transfer funds from the Operating Budget to the Capital Budget of the Group Health and Life Fund for the purchase of a Wellness Program Software and Scanner. Approval of an amendment to the contract between Robey Barber Insurance Services Corporation and Collier County to recognize their acquisition by Corporate Benefit Services of America, Inc., and their associated change of name. Adopt a Resolution authorizing the cancellation of current taxes upon a fee-simple interest Collier County acquired by warranty deed for public use and without monetary compensation. 5) Authorize termination of Arthur Anderson Contract for a Position Classification Study. 6) Recommendation to Award Bid No. 00-3179 for the advertising of Delinquent Real Estate and Personal Property Taxes to Tuff Publications Inc. F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of Budget Amendment Report. 2) Authorize the Southwest Florida Crime Stoppers Inc., a Non-Profit Agency, to act as permanent agent for Collier County for the purpose of applying for and receiving monies from the Crime Stoppers Trust Fund. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS 10 January 9, 2001 J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Request Board of County Commissioners approval to recognize Wireless 911 Revenues and approve a Fiscal Year 2001 Wireless 911 Budget. 2) Request that the Board of County Commissioners authorize expenditure of Budgeted Funds for the purchase of 800 MHz Mobile Radios for the Sheriff's Office. L. COUNTY ATTORNEY 1) 2) 3) 4) Approve the Stipulated Final Judgment pertaining to the eminent domain lawsuit entitled Collier County v. Faith Bible Church of Naples, Inc., et al. (Immokalee Road Project). Legislative clarification regarding "Ex-Officio" members of the Community Health Care Planning and Finance Committee. Recommendation that the Board of County Commissioners approve a continuing Retention Agreement for Legal Services on an "As Needed" basis with the Law Firm of Landers and Parsons, P.A., particularly relating to County Solid Waste Management. Recommendation that the Board of County Commissioners authorize its Chairman to execute an Interlocal Agreement with the City of Naples Airport Authority related to future construction in Unincorporated Collier County that could be an obstruction or hazard to navigation at the City of Naples Airport. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission Members. Petition VAC 00-019 to Disclaim, Renounce and Vacate the County's and the Public's interest in a portion of a road right of way for Pelican Street which was dedicated to the County by the Plat of "Isles of Capri No. 1", as recorded in I1 January 9, 2001 Plat Book 3, Page 41, Public Records of Collier County, Florida, Located in Section 31, Township 51 South, Range 26 East. B. This item requires that all participants be sworn in and ex parte disclosure be provided. by Commission Members. V.2000-24, Michael and Lorraine LaPlatte requesting an after-the-fact variance of 25.6 feet from the required 30 foot side yard setback for an accessory structure to 4.4 feet for property located at 5075 Tamarind Ridge Drive, further described as the East 180 Feet of Tract 84, Golden Gate Estates Unit 32, in Section 9, Township 49 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 January 9, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 9, 2001 ADD: ITEM 5A4: Proclamation that January 20 and 21, 2001 be designated as Celtic Festival Weekend. (Commissioner Carter request.) ADD: ITEM 5A5: Proclaiming January 2000 be designated as Reverend Dr. Martin Luther King, Jr.'s Birthday Celebration. To be accepted by Mr. Paul Franklin, Mrs. Laverne Franklin, Mr. Rufas Watson and Mr. Elijah Bell. (Commissioner Carter request.) ADD: ITEM 10L: Discussion of joint meeting of the County Commission and City Council regarding the ASR issue. (Commissioner Mac'Kie request.) DELETE ITEM 8(D)1' Award a contract for RFP #00-3176, Production of Beach Compatible Sand to E. R. Jahna Industries, Inc. (Staff request.) Note: WHENEAS, P,/HE'nEA$~ PRO~'LAAfA TION ~ a vet~ ~hart #me, ~ousan~ of out' ve~ t~tikl rent, e-e# fti~t.~, tJ~ t~ &t~'lim, ~ill r~t~r~ fr~m t~i? ~y'n~r~' home in ~"'~zil; ~ ,ffAR TZN ~AP2'TAL OF ?~O~XDA; the public to a/err Me pub//c to how lite insect at~d /vow of t~rple f~e t~ese l~rOtec! and ~ONE co~o~ ~'OuN7ry. AGEnt- ~TE~' JAN 09 2001 PROCLAA~A TION The ~ollier County Domestic Animal ~ervices Deportment is celebrotin9 the grand op~nin9 of i?s long-awaited facility durin9 the month of ~anuory. ~00L' and, WHEREAS. this state=of-the-art ~Cocility has been designed and constructed to provide the u~rnost in core for the County~ domestic animal population.' and. /t has taken a substantial effort on the part of staff, volunteers and the support o£ the community to accomplish this endeavor,' and, we have been endowed not only with the blessings and benefits of our animal friends, who give us companionship and great pleasure in our daily I/yes, but a/so with o firm responsibility to protect these fellow creatures from need, pain, fear and suffering,' and, Collier County Domestic Animal Services makes every effort to locate suitable homes £or its needy animals and promotes its Pet Adopt/an Program. NOW THERL~ORE, be it proclaimed by the B~rd of County Commissioners of Co/lief County, Florida, that the Co/lief County Domestic An/no/ Services Department is recogn/z/n9 uranuary 2001 as its off/c/a/ grand opening and Pet Adoption/Honth. DONE AND ORDERED 7742'5 gth Day of uTanuary 200I. BOARD OF COUNTY COLI..ZER COI)N~/, PLORZDA A 7~'E$ T: ,TAI~E$ O. CARTER Ph.D., CHA-rRtAAN AGENDA STEM JAN 09 2001 Pg PROCLAMATION WHEREAS, Boating is a major recreational activity of Collier County; and WHEREAS Boating is enjoyed citizens of all ages; and WHEREAS, Boating is participated in by residents and visitors alike; and WHEREAS, Boating is deserving the attention of safety on the water; and WHEREAS Boating is enhanced by the practice of safety on the water; and WHEREAS Boating in a safe manner benefits everyone; and WHEREAS It is appropriate to recognize the value of safe boating education by designating Collier County Safe Boating Week. NOW THEREFORE: Be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of January 8, 2001 be designated as COLLIER COUNTY SAFE BOATING WEEK To encourage the people of Collier County to become familiar with safe boating procedures and to practice safe boating in the waters of Collier County. DONE AND ORDERED THIS 9'r" DAY OF JANUARY, 2001 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK CHAIRMAN r h'E No..._'~ ~ ,~ JAN 0 9 2001 PROCLAtAA TicON the fr/sh American Club of Naples, ~c. {a Florida Corporation eHab#shed to promote ~r/sh Culture and education/n Collier County}, has recendy established high school scholarship~ and/s now warkin9 to support other charide~ t~ Collier County; and, over the part I0 years the ~rish Amer/can Club of Naples, Znc. has provided entertainment concerts each year at our local High ~chools, with proceeds diHr/buted ~o "Concern#, a hadanal organization that wark~ with em~]ency ticdins in Honduras and other parts of the world; and. this new year the Irish American Club of I~laples, Inc. has decided ff could do a lot more £or our community by bringing a Celtic Festival to Collier County, roidn9 larger funds for char/des in need in our make a NO~V of DONE AND Ph.D., CHAI~AN Di4~'~HT ~:. BROCK, CLERK JAN 0 9 2001 COLLIER COUNTY MANAGER'S OFFICE December 28, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Lisa Douglass, President 2000 Naples Junior Chamber of Commerce P.O. Box 10416 Naples, FL 34101 Re: Request for Public Petition Regarding Public Seating Community Service Project Dear Ms. Douglass: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 9, 2001 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the 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. cNees Assistant County Manager MAM:jeb cc:: County Attorney Norman Feder, Transportation Administrator JAN, Pg-, ...... 9EC 27 2000 11:57 ~R ASB BONITA $PRIN~S 9~i 5S0 09~6 TO ??~4010 December 26, 2000 County Manager, Tom OI!iff: 3301 East Tamiami Tr Naples, FL 34113 Per our conversation last week we respectfully request to be put on public petition for our public seating commumty service project. We understand you do not fully support advertising, however we hope titat our presentation on Jan 9th will allow you to realize the full benefits of our project. Resj~ectfaily~? Lisa Douglass, President 2000 Naples Junior Chamber of Commerce PO Box 10416 Naples, FL Commissioner Makaie Commission,r Coileta Commissioner Fiats Commissioner Carter Commissioner Henning JAN 0 9 2001 TOTAL PAGE.01 ** EXECUTIVE SUMMARY AUTHORIZE THE TRANSPORTATION ADMINISTRATOR TO PROCEED WITH THE DESIGN AND CONSTRUCTION OF VANDERBILT BEACH ROAD AS A SIX- LANE FACILITY FROM AIRPORT-PULLING ROAD TO LOGAN BOULEVARD AND AS A FOUR-LANE FACILITY FROM LOGAN BOULEVARD TO COLLIER BOULEVARD. PROJECT NUMBER 63051, CIE #24. OBJECTIVE: To gain Board approval to proceed directly with a six-lane cross section for the construction of Vanderbilt Beach Road from Airport-Pulling Road to Logan Boulevard in lieu of the current four-laning design. The segment from Logan Boulevard to Collier Boulevard will be improved as a four-lane facility within a six-lane right-of-way. The design will seek to incorporate "great streets" features being raised by the Selection Committee on Community Character to the extent feasible. CONSIDERATION:. The Vanderbilt Beach Road project was originally set up to be designed in two (2) separate phases as follows: Phase I, from Airport-Pulling Road to Logan Boulevard approximately 3 miles; and Phase II, from Logan Boulevard to Collier Boulevard approximately 2 miles. During the beginning of the 30% design stage, staff decided to combine the projects into one single phase of design and construction. The project was being designed in-house as a four-lane divided roadway with provisions to expand to six lanes in the future. Within the next five to ten years, the County would have to design the six-lane section, update the permits, advertise for bids, and go to construction while more than 40,000 vehicles per day are traveling east and west on this corridor. Six-laning the segment from Airport-Pulling Road to Logan Boulevard at the outset means that businesses and motorists will not be impacted by the future construction and that opportunity to incorporate desired design features can be realized before further development limits the options available. The 30% plans developed in-house for this four-lane cross section will be provided to the selected design consultant, especially for the segment from Logan Boulevard to Collier Boulevard. The proposed change represents an increase of approximately $1,500,000 to the current budget. Waiting to add the final two lanes in the future would cost approximately $4,500,000. As such, the County will save $3,000,000 by building Vanderbilt Beach Road from Airport-Pulling Road to Logan Boulevard as a six-lane roadway now versus building four lanes and adding two lanes later. The economical benefits of pursuing this option are complemented by the social benefits and the overall circulation and traffic pattern improvements. The public will not have to endure construction zones and maintenance of traffic again in five to ten years, and the enhanced traffic flow throughout the network will be enjoyed for a longer period of time. AGF-J~D'A-'TE~ \ JAN - 9 2000 Pg._~./ Executive Summary Vanderbilt Beach Road Page 2 Traffic patterns, capacity, and volumes will be significantly improved. Six-lanes on Vanderbilt Beach Road from Airport Road to Logan Boulevard will be needed as soon as the new road is open to traffic. Airport Road, Livingston Road, Immokalee Road, Pine Ridge Road, Logan Boulevard and Collier Boulevard will all benefit from this project. FISCAL IMPACT: The estimated cost for design, permitting and right-of-way acquisition is $4,000,000 dollars. $3,700,000 is included in fiscal year 2001. A budget amendment is needed to transfer $300,000 from the Road Impact Fee District I Fund Reserves and appropriate in the project. The cost of the construction phase will be included in fiscal year 2002 with an additional amount of $1,500,000 for this project to offset the cost of the proposed change. Funding will come from Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Project is consistent with planned amendments to the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Administrator to proceed with design and construction for the six-laning Vanderbilt Beach Road from Airport-Pulling Road to Logan Boulevard and the four-laning from Logan Boulevard to Collier Boulevard and approve the necessary budget amendments. SUBMITTED BY: /~~tA~r ~X~ DATE:/~/~t/Oo Julio Ordonez, P.E., Project Manager III TE&CM Department REVIEWED BY: ~t~/E'r~ Mitch Riley, P.E., Acting Director TE&CM, Department APPROVED BY: ~ · ~T/.r~ o~ F~tioe! ~D~~r. va~.Po~On Administrator ~po DATE AGE.~[D A ITEM No. _ JAN - 9 2000 pg. 2. PROPO~ VANDERBILT BEACH ~OA_D IMPROVEMENTS FROM AIRPORT-PULLING ROAD (C.R. 3!) TO CO:F,IJE~ BOULEVARD (C.R. 951) COLLIE~ COUNTY, PROJECT No. 65051 BEGIN PROJECT T4~ r,~g S T50 s rs0 S PROJECT LOCATION AGENDA ITEM JAN - 9 2000 pg.. EXECUTIVE SUMMARY AUTHORIZE STAFF TO IMPLEMENT THE DIRECTIONS OF THE BOARD TO :SOLVE THE COUNTY'S SHORT AND INTERMEDIATE TERM SOLID WASTE DISPOSAL:~. THIS IS A DIRECT RESULT OF THE DECEMBER 20TH SOLID WASTE ~OP OBJECTIVE: To receive authorization from the Board of County Commissioners (BCC) to implement the short and intermediate term solid waste disposal solutions for Col/ier County as directed at the Solid Waste Workshop on December 20, 2000. For the BCC to authorize and approve the action items as presented in the recomn~endation section of this Executive Summary. CONSIDERATION: 1) Background: On June 27, 2000, the Board of County Commissioners directed 'staff to provide a summary of what the County has done regarding the investigation of alternative technologies, including Waste-to-Energy and methods and locations for the disposal of the Coanty's solid waste. A chronological compilation of the solid waste disposal options considered and investigated from 1985 up to July 14, 2000 was provided to the Board prior to the Solid Waste Workshop. The Report on Waste-to-Energy (WTE) prepared by Malcolm Pirnie Inc. was presented to the BCC on June 27, 2000 and summarized during the Solid Waste Workshop on December 20th, 2000. At the conclusion of the BCC Solid Waste Workshop on December 20th, 2000, the,Board directed staff to bring back action agenda items for short and intermediate solutions as recommended and presented by staff and County solid waste consultant, Malcolm Pirnie Inc. The recommendation slide from the workshop is attached. 2) Comprehensive Odor Monitoring Plan: The Comprehensive Odor Monitoring Plan prepared by solid waste staff and Malcolm Pirnie Inc. was provided to the Board prior to the Sol~d Waste Workshop on December 20, 2000. The Odor Monitoring Plan has been prepared with citizen participation in a draft format and was finalized with consideration given to commer~ts received from concerned citizens. Implementation of this plan is essential to address and resolve the root causes of the primary and secondary odor emission sources. Execution of this plan will commence on March 1 2001, after the installation of the expanded flare and blower by Waste Management, Inc. Prior to the monitoring start date, a citizens monitoring group needs to be identified and trained, and the additional monitoring devices need to be procured and sited. 3) Primary and Secondary Odor Evaluation and Additional Odor Control Measures: The additional odor control measures recommended by Malcolm Pirnie Inc., above and:beyond those required by the Florida Department of Environmental Protection (FDEP) will be implemented to provide prudent redundancies. 4) Short & Intermediate Term Solid Waste Disposal Solutions: As directed by the BCC durring the Solid Waste workshop on December 20, 2000, staff is proposing and recommending reconstruction of old Cells 1 & 2 to provide a short and intermediate 15-year solution. Staff is also proposing a significant expansion of our recycling effort, including expanded residential and commercial programs. JAN 0 i 2001 _ P~* / 5)'Growth M~ment,Pian and Contingency Disaster Preparedness a) Reconstruction of the existing Cellr~ 1 & 2 of the Naples Landfill is the short-intermediate term solution for 15 years for Collie, r County. This will enable the County to maintain at least the two.years of reserve lined capacity required by the Growth Management Plan for the next 15 years. This.wiJl also provide a buffer in case the County is faced with emergency contammat, ed solid waste disposal needs caused by extensive damage from a natural or manmade disaster. b) Maintaining a solid waste out-of-county hauling option through a contingency contract will provide the County with an additional readily available option to haul excessive waste to gain space and time when needed. This contingency plan will be ready to be initiated to extend available lined landfill capacity during construction of future cells, as well as, in the event of natural disasters such as hurricanes and tornadoes. 6) Long Term Selid Waste Disposal Solutions: These options are still under investigation. The reques~ for information from industry is still open for proposals. The staff will brief the BCC on progress in April 2001. FISCAL IMPACT: Any needed funds to reconstruct Cells 1 and 2 are available in Solid Waste reserves. Any definition of costs at present is premature and dependent uF~,on future negotiations with the contractor. Increases in future costs to dispose of Collier County solid waste will need to be addressed in the annual mandatory trash collection fee for 2002, and in tipping fees for 2001. GRO~H MANAGEMENT IMPACT: The Growth Management Plan as approved by the State requires that the County maintain 10 years .of landfill space, as well as two years of lined landfill capacity pursuant to Solid Waste Utility Sub-Element. RECOMMENDATIONS: 1) That the Board of County Commissioners approve for implementation the following short and intermediate term (1-15 years) solid waste disposal solutions: a) Authorize staff to negotiate with Waste Management Inc., under current contractual arrangements, to haul a portion of the waste stream to provide a contingency solution for short term solid waste disposal while cells 1 and 2 of Naples Landfill are being re-constructed as proposed in paragraph (b) below, b) Authorize staff to negotiate with Waste Management Inc., under current contractual arrangements, to apply for permits for and to reconstruct existing Cells 1 & 2 of Naples Landfill for the County to be able to maintain at least two years of lined landfill capacity for at least the next 15 years. c) Authorize staff to implement the comprehensive Odor Monitoring Plan that has been developed by the staff and Malcolm Pirnie Inc. with public participation, d) Authorize staff to negotiate with Waste Management Inc., under current contractual arrangements, to implement additional odor control measures recommended by Malcolm Pirnle Inc. to provide prudent redundancies, e) Authorize staff to negotiate with Waste Management Inc. and Immokalee Disposal to expand the County's recycling program, and JAN 0 9 2001 2) That the Board of County Commissioners approve for implementation the following long term solid waste planning activities: a) Authorize staff to develop and make task assignments to County consultants under current contractual arrangement for a Solid and Hazardous Waste MaWr Plan which will not include a new landfill option (per BCC December 20, 2000) b) Authorize staff to develop a Financial Master Plan to finance future ~oli'~ waste disposal for Collier County. SUBMITTED BY: Date: APPROVED BY: G. George Yilmaz, Ph.D., P.E, P.H., R.E.P. Solid Waste Management Department Director Administrator JAN O 9 2001 '~_ P6. , '~ EXECUTIVE SUMMARY AWARD A CONTRACT FOR RFP #00-3176, PRODUCTION OF BEACH COMPATIBLE SAND TO E.R. JAHNA INDUSTRIES, INC. OBJECTIVE: To award a contract for RFP #00-3176 to obtain the services necessary for the production of 50,000 cubic yards of beach compatible sand. CONSIDERATIONS: On November 14, 2000, the Board of County Commissioners rejected Bid No. 00-3156 and authorized re-advertisement of bids for the production of beach compatible sand [Agenda Item 16 (D) (1)]. As a result, a public notice for RFP #00-3176 was posted and distributed on November 16, 2000. A mandatory pre-proposal conference was conducted on November 27, 2000. Attendance at this conference established four (4) vendors as being eligible to submit proposals. Only one (1) proposal was received by the deadline of 3:00 p.m. on December 8, 2000, that being fi'om E. R. Jahna Industries, Inc. A selection committee was appointed by the County Manager to review the proposals and recommend a selection in this regard. The selection committee met on December 14, 2000, and unanimously recommended that award of a contract to E. R. Jahna Industries, Inc. be forwarded to the Board for consideration. Action in this regard is subject to receipt of a Notice To Proceed from the Florida Department of Environmental Protection as set forth in the attached correspondence. FISCAL IMPACT: The total amount of the proposal for this project is $287,140.00. Award of a contract is dependent upon approval of funding for this activity which is the subject of a companion item on this agenda for approval ofa TDC grant application for the production, transport and placement of beach compatible sand in the amount of $966,500.00. This obligation is included in the amount of that funding request. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Manage- ment Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: Award a contract for RFP #00-3176 to E. R. Jahna Industries, Inc. in the amount of $287,140.00, subject to approval of funding and receipt of a Notice To Proceed from the Florida Department of Environmental Protection. 2. Authorize the Chairman to execute the contract. AGENDA No. JAN -9 2001 Prepared by: Harry Huber, Project Manager Ill Department of Parks and Recreation Reviewed by: 'Steve Clamell~ D~ector Purchasing Department Reviewed by: .'~4,~ ~'~~ Marla Ramsey, Director/ -.D__epartment of Parks anc{ Recreation Approved by: -'~, (~~ Leo Ochs, Jr., Adm~rato0 Public Services Div~sio' -- n Date: /~'.z?.oo Date: Date:/~--'~¢ '-~"~ Attachment Agenda Item JAN ]eb Bush Governor RECEIVED Department of Environmental Protectio PARKS & RECREATION Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee. Florida 32399-3000 Secretary October 17, 2000 Harold E. Huber, Project Manager Office of Capital Projects Management Collier County 3301 East Tamiami Trail Naples, Florida 33962 Dear Mr. Huber: Re.: Parkshare Beach Restoration Project Wetland Resource Permit No. 112544739 and Coastal Construction Permit No. DBS9A0308 This letter is in response to your submittal of October 2, 2000, regarding the proposed sand specifications and guidelines for upland sand sources to be used at Parkshare Beach. I would also like to acknowledge our teleconference (held on October 13) at which time we discussed these specifications and the procedures by which the Department will review and approve any proposed fill material. Any sand that is placed on the beach must meet the criteria in Chapter 161, F.S., and Rule 62B-41.007, F.A.C., as well as the criteria in Section 373.414, F.S., and Rules 62-4 and 62-302, F.A.C. Based on our review of the sand specifications submitted on October 2, 2000, it appears that these specifications are consistent with these rules. We commend you for the time and effort that went into developing these guidelines and specifications, and we are optimistic that they will enable you to select high quality, beach compatible sand for this project. The Department will provide final approval of the sand after we review the geotechnical and geological information for the material, and confirm that it meets the rule criteria. When you receive bids for the upland sand sources for each fill placement event and submit the information to the Department, we will expeditiously review the information and issue a Notice to Proceed for acceptable material. This should allow you to withhold your acceptance of a bid until after you receive our approval of the material. Also, within the next 3 weeks, we will modify the permit conditions to reflect this revised approval process. "More Protection, Less Process" Pnnted on recycled paper. JAN 0 9 ?001 Parkshore Beach Restoration Project October 17, 2000 Page 2 of 2 Thank you for your cooperation and assistance in this matter. Sincereely, - ~ Martin K. Seeling, Administrator Environmental Permitting Section co: John Staiger Michael Poff Lynda Charles Michael Corrigan Robbin Trindell i'"-~ Agenda, I,t. em J No. KPL JAN 0 9~/001 Pg ;__.__._'~ EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 00-3181, COLLIER BAY ENTRANCE DREDGING TO SUBAQUEOUS SERVICES, INC. OBJECTIVE: To award a contract to perform maintenance dredging in the entrance channel to Collier Bay. CONSIDERATIONS: During monitoring activities associated with the Hideaway Beach Nourishment and T-Groin projects, an abnormal accumulation of sand on the west side of the navigation channel entering Collier Bay has been observed. This occurrence has reduced the width of the channel to the extent that it has created an unsafe condition for boating activities but more important, the eastern side of the channel has become significantly deeper as a result of increased flow velocities which in turn is undermining existing seawalls and boat docks. Therefore, in Marck, 2000, a permit application to perform maintenance dredging at this location was submitted to the regulatory agencies. In an effort to enable this activity to be performed prior to the commencement of the Sea Turtle Nesting Season on May l, 2001 (subject to receipt of permits), advertisement for bids was posted on November 20, 2000. Invitations to bid were sent to 37 vendors. Sealed bids for Bid No. 00-3181 were opened on December 20, 2000. A summary of the bids received is as follows: CONTRACTOR Douglas N. Higgins, Inc. Duncan Seawall Inner Space Services, Inc. Aztec Development Company Subaqueous Services, Inc. TOTAL BASE BID $691,000.00 395,100.00 346,000.00 305,660.00 236,920.69 A thorough review of the proposals has been conducted by the staff and design professional. Based upon verified qualifications and experience, it is recommended that a contract for Bid No. 00-3181 be awarded to Subaqueous Services, Inc., 4201 Kean Road, Fort Lauderdale, Florida 33314 in the amount of $236,920.69, being the lowest qualified and responsive bidder. It is necessary that this award be made subject to receipt of permits from the regulatory agencies authorizing this activity. FISCAL,IM,pACT: The total amount of this obligation is $236,920.69. Funding in the amount of $209,000.00 was approved for this purpose on September 28, 1999 [Agenda Item 16(B) (7)]. Therefore, approval of an amendment to the previous funding approval is necessary for this obligation. In addition, approval of a budget amendment is necessary whereby reappropriation of the original funding amount and the additional funding amount of $27,921.00 would be authorized and appropriated in the budget for FY01. These funds would be transferred from the reserves of Fund 195 to the appropriate project number for this obligation. Funds in the amount of $7,023,529.00 are currently available in the reserves of Fund 195. JAN 0 GROWTH MANAGEMENT IMPACT: There is no impact Managemere Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: 1. Award a coreract for Bid No. 00-3181 to Subaqueous Services, Inc. in the amount of $236,920.67 subject to receipt of permits fi'om the regulatory agencies authorizing this activity. to the Growth Approve the necessary budget amendment. Authorize the Chairman to execute the contract. Prepared by: ~/~~ ~ Date: '~.2.'7. oo Harry Huber, Project Manager III Department of Parks and Recreation Prepared by: StY; e~tto'r ~'"d!// Date: ir e e am , ect, Purchasing Department Marla'l~msey, Director - ~,~ Departmere of Parks and Recreation Reviewed by: Approved by: pL~u~, !c~e~~_,e sADd~~~si Sot~at o r Date: /~///2.7///~o Date: Attachment Agenda Item "°'--'-E-h Agenda I1~e~'~ .o. JAN-O 9 EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 00-3182, HIDEAWAY BEACH T-GROIN CONSTRUCTION TO SUBAQUEOUS SERVICES, INC. OBJECTIVE: To award a contract for the construction of two (2) additional T-Groins on Hideaway Beach. CONSIDERATION: Construction of the five (5) existing T-Groin structures along Hideaway Beach was completed in September, 1997. To enhance their performance, together with direction fi'om the regulatory agencies, repairs and modifications to these structures were completed in May, 2000. During monitoring activities associated with these erosion comrol structures along with the migration of Coconut Island, accelerated erosion has been observed immediately adjacent to the existing structures. To address this circumstance, a permit application was submitted to the regulatory agencies in March, 2000 for the installation of two (2) additional T-Groin structures. In an effort to enable this installation to be performed prior to the commencement of the Sea Turtle Nesting Season on May 1, 2001 (subject to the receipt of permits), advertisement for bids for construction of the two (2) additional T-Groins was posted on November 20, 2000. Invitations to bid were sent to 45 vendors. Sealed bids for Bid No. 00-3182 were opened on December 20, 2000. A summary of the bids received is as follows: CONTRACTOR Douglas N. Higgins, Inc. Subaqueous Services, Inc. TOTAL BASE BID $284,200.00 166,370.69 A thorough review of the proposals has been conducted by the staff and design professional. Based upon verified qualifications and experience, it is recommended that a contract for Bid No. 00-3182 be awarded to Subaqueous Services, Inc., 420'1 Kean Road, Fort Lauderdale, Florida 33314 in the amount of $166,370.69, being the lowest qualified and responsive bidder. It is necessary that this award be made subject to receipt of permits from the regulatory agencies authorizing this construction. I~I[SCAL !~PACT: The total amount of this obligation is $166,370.69. Award of a contract is dependera upon approval of funding for this activity which is the subject of a companion item on this agenda for approval of a TDC grant application for additional T- Groins at Hideaway Beach in the amount of $258,345.00. This obligation is included in the amount of the funding request.. GROWTH MANAGE~NT IMPACT,: ment Plan related to this action. There is no impact to the Growth Manage- No, g JAN - 9 2001 Pg-, .... t RECOMMENDATION: That the Board of County Commissioners: Award a coreract for Bid No. 00-3182 to Subaqueous Services, Inc. In the amount of $166,370.69, subject to approval of funding.and receipt of permits from the regulatory agencies authorizing this construction. 2. Authorize the Chairman to execute the contract. Prepared by: Harry Huber, Project Manager III Department of Parks and Recreation Prepared by: ~.Ste-~e~ c~r ire Purchasing Department Reviewed by: M~ ~amsey, Directo~/ Department of Parks and Recreation Approvedby:~ · ~~ Leo Ochs, Jr., Admin/~at~ Public Services Divis~ib/on Date: /~..gg. o© Date: Attachment JAN 0 9 2001 ~gend~ ~tem ~-~ J, NO 1 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION FOR THE PRODUCTION, TRANSPORT AND PLACEMENT OF BEACH COMPATIBLE SAND. Objective: To obtain approval of a Tourist Development Council Category "A" grant application for the production, transport and placement of 50,000 cubic yards of beach compatible sand during FY01. Considerations: The regional sediment budget derived for Collier County indicates approximately 50,000 cubic yards per year are removed from the beaches due to inlet impacts, offshore losses, and alongshore losses exiting the system. In order to address these losses, it is proposed to place approximately 50,000 cubic yards of upland sand, which complies with beach compatible material specifications approved by FDEP, within the permitted fill limits of Vanderbilt Beach, Park Shore, Naples, and Marco Island annually. The specific fill areas will be determined based upon annual monitoring results, which depict areas of erosion that need to be addressed. The primary area identified for placement during FY01 is on the Park Shore beach. The attached application has been prepared to obtain funding for this purpose. Funding assistance for this purpose was also requested from the State of Florida and during the 2000 session, the legislature approved an appropriation of funds in the amount of $321,930 for Collier County and $69,862 for Marco Island. Such will be provided on a reimbursement basis for work performed during the period from July 1, 2000 to June 30, 2001. This application was reviewed by the Beach Renourishment/Maintenance Committee at their regularly mheduled meeting on October 3, 2000 and the Tourist Development Council at their regularly scheduled meeting on January 8, 2001. The Beach Renourishment/Maintenance Committee recommended denial of this application by a vote of 7-2. The primary reason for this recommendation was based upon the lack of specific cost data from bids and approval of the material specifications from FDEP. Information to address these concerns and the results of the Tourist Development Council recommendation will be provided at the time this item is presented for your consideration. Fiscal Impact: The tot~ estimated cost for the activities included in this application is $966,500.00. Approval of a budget amendment is necessary for this appropriation whereby funds would be transferred from the reserves of Fund 195 to the appropriate project numbers for this obligation. Funds in the amount of $8,256,029.00 are currently available in the reserves of Fund 195. Growth Management Impact: related to this action. There is no impact to the Growth Management Plan AGEndA ITEM NO. ,;0;~ , JAN - 9 2001 Staff Recommendation: It is recommended that the Board of County Commissioners: 1. Approve the attached Tourist Development Council Category "A" Grant Application to enable maintenance oferosional areas as needed during FY 01. 2. Approve the necessary budget amendment for this obligation~ Prepared by: -~-~//~- ~- Date: !g.~'g .0:3 Harry Huber, Project Manager lII Dep~nt of I-'arks and Recreation Reviewed by: ~.~/~'?,,tz~~/?~~ Date: ]~ Greg M:_fi~a~, lic, ]-IUI Director Jo~ Du~uck, Inte~ Adm~istrator Co--unity Development & Env~o~ental Semites Approved by: ~_?f~./','~:~ /~*~2'~..ff Leo Ochs, Jr.; Administra~0r Public Services Divisior{ Attachment 2001 Collier County Tourist Development Council Category "A" Grant Application for PRODUCTION, TRANSPORT AND PLACEMENT OF BEACH COMPATIBLE SAND (Revised, December 29, 2000) Name and Address of Applicant: Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL. 34112 Contact Person, Title and Phone Number: Harry Huber, Project Manager III Department of Parks and Recreation Phone: 353-0404 Fax: 353-1002 Organization's Chief Official and Title: _ _ . Chairman Board of County Commissioners Brief Project Description: This project consists of the production, transport and placement of 50,000 cubic yards of beach compatible sand pursuant to the Collier County incremental beach maintenance program. AGE, hI~ ITEM No._ D JAN - 9 2001 Pg. .3 Collier County Tourist Development Council Grant Application Page 2 5. Estimated project start date:October 1, 2000 6. Estimated project duration:Eight (8) months 7. Total amount requested:$966,500.00 8. 10. 11. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes No X Identify the goals and objectives for the project: This project consists of the production, transport and placement of 50,000 cubic yards of beach compatible sand for the use in the incremental beach maintenance program for Collier County, City of Naples and City of Marco Island beaches. This project represents activities to be performed during FY 00/01. Describe what benefits will be received from the project: Proper maintenance of the restored beached will enhance longevity of the design life and effect potential long-term savings. Describe how the effectiveness of the project will be evaluated: Effective maintenance and performance of the beach fill as designed will be determined through the results of the annual project monitoring program. 12. Describe how the project enhances existing County Tourist Development Programs: Proper maintenance of the beach restoration projects will help to ensure the viability of the area's major tourist attraction. AGENDA ITEM JAN - 9 2001 P~. ~ Collier County Tourism Development Council Grant Application Page 3 13. 14. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager in the Department of Parks and Recreation. The basis of the project budget consists of the estima ed cost for: (a) Production, Transport and Placement of 50,000 cubic yards of beach compatible sand for maintenance of Collier County, City of Naples and City of Marco Island beaches during FY 00/01. (b) Administration and Testing associated with this activity. The total amount of the proposed budget is $ 966,500.00 Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement Yes (X) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address enviromnental considerations? Yes (X) No ( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes (X) No ( ) condition for approval/funding the Collier County b restoration projects? Yes (X) No ( ) Is the proposed Project required by a regulatory agency as a ..... AGENDA, iTEM JAN - 9 2001 Pg. _~ Collier County Tourist Development Council Grant Application Page 4 Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local]non-local ratio? Yes (X) No ( ) Will the project improve understanding of alternative technologies hat may contribute to a cost-effective beach restoration project? Yes (X) No ( ) Is there a potential for an alternative/matching funding source? Yes ( ) No (X) If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commissioners Action? Yes (X) No ( ) Has the project been reviewed and recommended by the beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach RenourishmendMaintenance Committee at their regularly scheduled meeting. Their recommendation will be forwarded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Maria Ramsey, Director, Department of Parks and Recreation Signature of Organization's Chief Official or Designee Date: AGE~r~I~TI~M No. O JAN - 9 2001 Pg. Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET PRODUCTION, TRANSPORT AND PLACEMENT OF BEACH COMPATIBLE SAND ITEM DESCRIPTION Production,Transport and Placement of Beach Compatible Sand- 50,000 C.Y. @ $18.72/C.Y AMOUNT $936,000.00 Administration and Testing Total 30,500.00 $966,500.00 AGENDAITEM JAN - 9 2001 Pg- 7 ,,. EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION FOR A FEASIBILITY STUDY FOR HIDEAWAY BEACH RENOURISHMENT Objective: To obtain approval of a Tourist Development Category "A" grant application to conduct a feasibility study related to future renourishment of Hideaway Beach. Considerations: As contained in the Big Marco/Capri Pass Inlet Management Study, renourishment of Hideaway Beach is one of the recommended alternatives for mitigation of the inlet impacts on erosion of the adjacent beaches. Such is being proposed as a future consideration to provide a long term solution to the erosion on Hideaway Beach. The location of a sand source is a key component in determining the viability of such a project. Dredging material from the inlet shoal system would accomplish this objective. However, it is uncertain that such would be permitted by the regulatory agencies. Therefore, it is proposed that a feasibility study be conducted to determine whether the inlet shoal system for Big Marco/Capri Pass is a viable source of sand for a proposed renourishment of Hideaway Beach. The attached application has been prepared to obtain funding for this purpose. This application was reviewed by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting on December 19, 2000 and the Tourist Development Council at their regularly scheduled meeting on January 8, 2001. The Beach Renourishment/Maintenance Committee recommended approval of this application by a vote of 8-0. The results of the Tourist Development Council recommendation will be provided at the time this item is presented for your consideration. Fiscal Impact: The total estimated cost for the activities included in this application is $22,000.00. Approval of a budget amendment is necessary for this appropriation whereby funds would be transferred from the reserves of Fund 195 to the appropriate pro. ject number for this obligation. Funds in the amount of $7,045,529.00 are currently avmlable in the reserves of Fund 195. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Staff Recommendation: It is recommended that the Board of County Commissioners: 1. Approve the attached Tourist Development Council Category "A" Grant Application to conduct a feasibility study related to future renourishment of Hideaway Beach. 2. Approve the necessary budget amendment for this obligation. JAN 0 9 2001 Prepared by:... /;~/-~---,._~ Date: Harry Huber, Project Manager III Department of Parks and Recreation · Date: Reviewed by~. Crr Approved by: Date: Approved by: John Dunnuck, Imerim Administrator Community Developmere & Environmemal Services ,/,' ..~/z .~(,/~ /~/"~.4~',,~'~ ?~'do ~)chs, Jr., [A'~hiiiaistrator/// Public Services Administrator' ~_ ,L~ JAN 0 9 2001 EXHIBIT A Collier County Tourist Development Council Grant Application For FEASIBILITY STUDY FOR HIDEAWAY BEACH RENOURISHMENT 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber, Project Manager IIl Department of Parks and Recreation Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Title: Chairman Board of County Commissioners Brief Project Description: This project consists of a feasibility study to determine whether the inlet shoal system for Capri Pass/Big Marco Pass is a viable source of sand for a proposed renourishment of Hideaway Beach. Estimated project start date: February, 2001 Estimated project duration: Six (6) months Total amount requested: $22,000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: The scope of the feasibility study would be to conduct a hydrographic survey of the inlet shoal system and prepare conceptual drawings of potential borrow sites. These conceptual plans would then be used in a pre-application meeting with the regulal agencies to determine if the concept of dredging inlet shoals is permittable. This )ry tudy. JAN o 9 200] oo. Collier County Tourist Development Council Grant Application Page 2 EXHIBIT A would be performed through an amendment to the Professional Services Agreement with Humiston & Moore Engineers. 10. Describe what benefits will be received from the project: This project will serve to clarify the uncertainty of the location of a sand source for the proposed renourishment of Hideaway Beach. Such information can then be used to determine the cost effectiveness of the proposed renourishment. 11. Describe how the effectiveness of the project will be evaluated: The effectiveness of the project will be evidenced through the results of the pre- application meeting with the regulatory agencies whereby the feasibility of the proposed renourishment project can be determined with more certainty. 12. Describe how the project enhances existing County Tourist Development Programs: As a component of the Capri/Big Marco Inlet Management Plan, this project will provide information to determine the feasibility of a recommendation contained in the Capri/Big Marco Pass Inlet Management Study relative to mitigation for inlet impacts to beach erosion. 13. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager in the Department of Parks and Recreation. The basis of the project budget consists of the estimate for those activities associated with a feasibility study to determine the viability of using an inlet shoal system for a sand source. The total amount of the prolr,:,~sed budget is $ 22,000.00 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (x) No ( ) AGEND~, ITEM .°.- JAN o 9 2001 Collier County Tourist Development Council Grant Application Page 3 EXHIBIT A · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (x) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (x) No ( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes (X) No ( ) · Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (X) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes (X) No ( ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) · Is there a potential for an alternative/matching funding source? Yes ( ) No (X) AGENDA ITEM "o.- JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 4 EXHIBIT A Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting. Their recommendation will be forwarded under separate cover. I have read the Beach Renourishment and Pass Gaidelines and criteria and agree that my organization will comply with all guidelines an~ criteria. Signature: 'Maria Ramse~Directo/, Department of Parks and Recreation Date: AGENDA ITEM 2001 JAN 0 9 Collier County Tourist Development Council Grant Application Page 5 EXHIBIT A PROJECT BUDGET ITEM 1. 2. DESCRIPTION Hydrographic Survey Conceptual Plan, Meetings With Regulatory Agencies AMOUNT $ lO,OOO.OO 12,ooo.oo TOTAL $ 22,000.00 AGENDA ITEM JAN 0 9 ~OOl .g. EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION FOR ADDITIONAL T-GROINS AT HIDEAWAY BEACH Objective: To obtain approval of a Tourist Development Council Category "A" grant application for the design, permitting and construction of two (2) additional temporary t- groins at Hideaway Beach. Considerations: On September 28, 1999, the Board of County Commissioners approved a Tourist Development Council Grant Application in the amount of $271,453.00 for the design, permitting and construction of additional t-groins at Hideaway Beach. Subsequent to such approval, direction from the Florida Department of Environmental Protection dictated the repair and modification to the existing t-groin structures at Hideaway Beach as a predecessor to approving additional structures at this location. As a result, the majority of this funding appropriation has been expended for the repair and modifications to the existing structures. While a certain amount of the previously approved funds has been used for the design and permitting of the additional structures, additional funds as indicated in the attached grant application are necessary to complete the design, permitting and construction of the proposed additional temporary t-groins at Hideaway Beach. This application was reviewed by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting on November 2, 2000 and the Tourist Development Council at their regularly scheduled meeting on January 8, 2001. The Beach Renourishment/Maintenance Committee recommended approval of this application by a vote of 4 to 1 with one (1) abstention. The results of the Tourist Development Council recommendtion will be provided at the time this item is presented for your consideration. Fiscal Impact: The total estimated cost for the activities included in this application is $258,345.00. Approval of a budget amendment is necessary for this appropriation whereby funds would be transferred from the reserves of Fund 195 to the appropriate project numbers for this obligation. Funds in the amount of $8,514,374.00 are currently available in the reserves of Fund 195. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Staff Recommendation: It is recommended that the Board of County Commissioners: 1. Approve the attached Tourist Development Council Category "A" Grant Application for additional t-groins at Hideaway Beach. 2. Approve the necessary budget amendment for this obligation. AGEND&IT~M JAN 0 9 2001 Date: 12 · Z/. d'C) Prepared by: Harry Huber, Project Manager III Dep/~~~//~f Parks and Rec re ation bE- Reviewed ~'~Greg Mihalic, HUI Director Approved by: Approved by: Date:/-z- '"Z-?. avo J~)n Dunn~ck, Interim Administrator C.'ommunity Development & Environmental Services P~lic Se~ices Division AGENDA__ITEM JAN 0 9 EXHIBIT A Collier County Tourist Development Council Grant Application For ADDITIONAL T-GROINS AT HIDEAWAY BEACH 6. 7. 8. e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber, Project Manager [] Department of Parks and Recreation Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Title: James D. Carter, Ph.D., Chairman Board of County Commissioners Brief Project Description: This project consists of the design, permitting and construction of two additional T- Groins along Hideaway Beach on Marco Island. Estimated project start date: November 2000 Estimated project duration: Six (6) months Total amount requested: $258,345.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: The project consists of the design, permitting and construction of two additional T-Groins along Hideaway Beach on Marco Island. AGENDA I_ JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 2 EXHIBIT A 10. 11. 12. 13. 14. Describe what benefits will be received from the project: Performance of the proposed activities will provide additional stabilization of the beach in conjunction with the existing structures as a measure to address accelerated erosion in the area along Hideaway Beach. Describe how the effectiveness of the project will be evaluated: The effectiveness of the project will be evaluated through: (1) Monthly status reports presented to the Beach Renourishment/Maintenance Committee. (2) Monitoring reports presented to the regulatory agencies. Describe how the project enhances existing County Tourist Development Programs: As a component of the Capri/Big Marco Inlet Management Plan, this project will contribute to the long-term stability of the beach and enhance recreational use and storm protection in this area. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager in the Department of Parks and Recreation. The basis of the project budget consists of the estimate for those activities associated with the design, permitting and construction of two additional T-Groins along Hideaway Beach on Marco Island. The total amount of the proposed budget is $ 258,345.00 Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes O0 ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) Collier County Tourist Development Council Grant Application Page 3 EXIql~IT A · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes (X) No ( ) · Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (X) Will the proposed project contribute siguificantly to the progress of the beach restoration projects? Yes (x) No ( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( ) No (X) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) · Is there a potential for an alternative/matching funding source? Yes ( ) No (X) · IS the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (x) No ( ) JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 4 E~IT A Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach RenourishmenfflVlaintenance Committee at their regularly scheduled meeting. Their recommendation will be forwarded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Maria Ramsey, Dire(ctor, Department of Parks and Recreation Date: AGENDA..~EI~ JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 5 EXHIBIT A PROJECT BUDGET ADDITIONAL T-GROINS AT H1DEAWAY BEACH ITEM DESCRIPTION 1. Engineering Services 2. Construction AMOUNT $ 65,835.00 192,510.00 TOTAL $258,345.00 AGENDA ITEM JAN 0 9 2001J t EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION FOR THE COLLIER BAY ENTRANCE DREDGING PROJECT Objective: To obtain approval of a Tourist Development Council Category "A" grant application for additional permitting costs associated with the Collier Bay Entrance Dredging project. Considerations: On September 28, 1999, the Board of County Commissioners approved a Tourist Development Council Grant Application in the amount of $315,750.00 for design, permitting and construction activities associated with dredging the entrance channel to Collier Bay on Marco Island. A permit application for this proposed activity was submitted to the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE) in March, 2000. Due to current delays and uncertainties as to additional information that may need to be generated to obtain the permits for this project, it is anticipated that additional costs will need to be incurred to accomplish this task. The attached application has been prepared to obtain funding for this purpose. This application was reviewed by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting on November 2, 2000 and the Tourist Development Council at their regularly scheduled meeting on November 20, 2000. The Beach Renourishment/Maintenance Committee recommended approval of this application by a vote of 5 to 1. The Tourist Development Council recommended approval of this application by a vote of 8-0. Fiscal Impact: The total estimated cost for the activities included in this application is $25,000.00. Approval of a budget amendment is necessary for this appropriation whereby funds would be transferred from the reserves of Fund 195 to the appropriate project number for this obligation. Funds in the amount of $8,539,374.00 are currently available in the reserves of Fund 195. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Staff Recommendation: It is recommended that the Board of County Commissioners: 1. Approve the attached Tourist Development Council Category "A" Grant Application for additional permitting costs associated with the Collier Bay Entrance Dredging project. 2. Approve the necessary budget amendment for this obligation. AGENDA ITEM I Jt N o 9 zoo j Pg. / ,, ,~ Prepared by: Reviewed by: Approved by: Harry Huber, Project Manager III Department of Parks and Recreation John Dunnuck, Interim Administrator /Leo Ochs, Jr., Administraior ~)/ Public Services Administrator Date: Date:/~.-- Date:/~- -z~? .aa Community Development & Environmental Services Date: / z> J '~JAN 0 :J ~'uu, J EXHIBIT A Collier County Tourist Development Council Grant Application For COLLIER BAY ENTRANCE DREDGING 6. 7. 8. e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber, Project Manager III Department of Parks and Recreation Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Tifie: James D. Carter, Ph.D., Chairman Board of County Commissioners Brief Project Description: This project consists of additional estimated costs for obtaining state and federal permits for the Collier Bay Entrance Dredging project. Estimated project start date: November 2000 Estimated project duration: Six (6) months Total amount requested: $25,000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: This project consists of additional estimated costs for obtaining state and federal permits for the Collier Bay Entrance Dredging project. AGENDA ITEM JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 2 EXHIBIT A 10. 11. 12. 13. 14. Describe what benefits will be received from the project: The additional information and effort associated with this request is necessary to enhance the ability to obtain state and federal permits for this project which will provide: (a) Mitigation for the transport of eroded material into the channel. (b) Enhance stabilization of the channel and safe navigation. (c) Provide fill material for nourishment of Hideaway Beach. Describe how the effectiveness of the project will be evaluated: (I) The effectiveness of the project will be evidenced through receipt of state and federal permits for the dredging project. Describe how the project enhances existing County Tourist Development Programs: As a component of the Capri/Big Marco Inlet Management Plan, this project will contribute to the long-term goals as recommended in the Plan. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager in the Department of Parks and Recreation. The basis of the project budget consists of the additional estimated costs for obtaining state and federal permits for the dredging project. Such is an amendment to the previous application for the dredging project approved by the BCC on September 28, 1999. The total amount of the proposed budget is $ 25,000.00 Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (X) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 3 EXHIBIT A Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) Is the proposed project part oftbe ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes (x) No ( ) · Is tbe proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (X) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes (x) No () · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) * Is there a potential for an alternative/matching funding source? Yes ( ) No (X) Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) AGEt, JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 4 EXHIBIT A Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting. Their recommendation will be forwarded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature: Marla R~msey, Dir~tor, Department of Parks and Recreation JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 5 EXYIIBIT A PROJECT BUDGET COLLIER BAY ENTRANCE DREDGING ITEM 1. DESCRIPTION Engineering Services AMOUNT $ 25,000.00 TOTAL $ 25,000.00 AG E'i,.~ ,,* ~T~.~ M JAN o 9 2001 OF ME ER($) TO ISLES OF C RI: ,CONTROL DISTRICT ~SOR~ CO~~ . OBJECTIVE: To re-appoint 3 members to serve 2 year terms, expiring on December 31, 2002 on the Isles of Capri Fire Control District Advisory Committee. CONSIDERATIONS: This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. The terms for David E. Eiler, Jerilyn Neuhaus, and Gary E. Griffes expired on December 31, 2000. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David E. Eiler - re-appt Fire district 1 Yes IOC Fire Control District Jerilyn Neuhaus - re-appt Fire district 1 Yes IOC Fire' Control District Gary E. Griffes - re-appt Fire district 1 Yes IOC Fire Control District COMMITTEE RECOMMENDATION: David E. Eiler Jerilyn Neuhaus Gary E. Griffes FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members to serve 2 year 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: JANUARY 9, 2001 Dec -07 -00 11:21 ICFD Sta go & EMS Sta 18 g41 394 5862 ISLES OF CAPRI FIRE & RESCUE DISTRICT P.02 MEMORANDUM. Date: To: From December 6, 2000 Sue Filson, Administrative Assistant lqo~rd of County Commissioners Advisory Committee Isles of Capri Fire Re: Isles of Capri ARer reviewing all Gary Griffcs lbr If you should Thank you. Advisory Committee ~pplicants, US. Newhaus and Isles of Capd Fire Control District Advisory Committee S~ Tara LaGrand 12693 E. Tamiami Trail Naples, FL 34113 District: 1 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpD~ 2nd Term 389-4206 01/25/00 12/31/01 2 Years Gary E. Griffes 105 Jamaica Drive Naples, FL 34113 D/str/ct: 1 Category: 389-1264 01/12/99 12/31/00 2 Years Morris James Louis 25 Capri Boulevard Naples, FL 34113 District: 1 Category: 389-0371 09/I4/99 12/31/01 2 Years Jerilyn Neuhaus Crowder 156 Capri Boulevard Naples, FL 34113 District: 1 Category: 642-7511 01112/99 12/31100 2 Yea~s David E. E'der 112 Capri Boulevard Naples, FL 34113 District: 1 Category: 01/12/99 12/31/00 2 Years We. dntsday, January'26, Page Isles of Capd Fire Control Distdct Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-~opt 2~Date 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control DistdcL Members must reside within the boundaries of the Isle of Capd Municipal Fire Services Taxing District. Terms am 2 years. $T~4T: 125.01 Chief Emilio Rodriguez: 394-8770 January 26, 2000 Page 2 of 2 AGENDA ITeM MEMORANDUM DATE: November 6, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assis~ 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. IOC FIRE CONTROL DIST ADV COMM COMMISSION DISTRICT David E. Eiler 112 Capri Boulevard Naples, FL 34113 Jerilyn Neuhaus 156 Capri Boulevard Naples, FL 34113 Gary E. Griffes 105 Jamaica Naples, FL 34113 Thank you for your help. AGENDA ITEM. /n _ MEMORANDUM DATE: TO: FROM: November 6, 2000 Chief Emilio Rodriguez Isle of Capri Fire District 365 Capri Boulevard Naples, FL 34104 Sue Filson, Administrative Assistant~ Board of County Commissioners ~ ' Isles of Capri Fire Control District Advisory Committee 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: David E. Eiler 112 Capri Boulevard Naples, FL 34113 Jerilyn Neuhaus 156 Capri Boulevard Naples, FL 34113 Gary E. Griffes 105 Jamaica Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments A~.NDA ITEM NO. ~'~/"/ CHRISTOf~!F~ REALTY, INC. 365 CAPRI BLVD ,M ISLES OF CAP~! NAPLES, Fl.. 341h~3 g4 ~-394-2575 94f-394-~400 FAX SEND TO FAX COVER S~EET FROM : SUht-~qUS FAX NO. : 941-642-1068 Oct. 25 2~00 10:00AM P1 ]erilyn Neuhaus 156 Capri Blvd. Naples, FL 34113 (941)642-10~ (941)290-22~? - mobile Wednesday, October 25, 2000 Collier County Board of Commissioners Attn: Sue Filson Fax # 774-3602 Dear Ms. Rison: Pursuant to your letter dated October 13, 2000, advising me of the expiration of my term as an Isles of Capd Fire District Fire Advisory Board member, I would like to re-apply for that position. Having been a Fire Advisory Board Member for the past 2 years has been a rich and rewarding experience. As part of the Board the first year, and as Chairman the second year, I believe ]: possess a thorough understanding of the Isles of Capri Fire Department, specifically the budgeting process and feel I can continue to contribut~ as a member of this Board. I am a 5-year resident, property owner and t3xpayer on Isles of Capri. CurrenUy, I am self-employed as President and Owner of SunHaus, :Inc., a distributor of UV-F-ree tanning booths (Mystic Tan~"). I am actively involved with our local Community Emergency Response Team (C.E.P,.T.)~ and have spoken to the Collier County Commissioners on more than one occasion regarding Isles of Capri First Department issues. Please note that my last name has changed from "Crowder" to 'Neuhaus". Thank you for your consideration and let me know if you require any additional information. Co: Sincerely, .~e!ilyn Neuhaus (formerly "Crowder") Chief Emilio Rodriguez Isles of Capri Pire Department Received Nov-e6-08 81:45pm 11/06/2000 ~1:4~ 94[4S5081S f FOre 9414558813 --, Scanner //-;-oo page PAGE 01 AGENDA hl. EXECUTIVE SUMMARY ,"\PPO {NTMENT OF MEMBER(S) TO THE LIBRARY ADVISORY BOARD OBJ,<CTIVE: To appoint 3 members to serve 4 year terms, expiring on December 31, 2004 on Library Advisory Board. CONSIDERATIONS: This 5 member board advises the Board of County Commissioners on t!;c operations and proposed budget for the Collier County Library System. Members are rcq~h'cd to file a Form 1 Statement of Financial Interest each year with the Supervisor of E',c. ct~ons. Terms are 4 years. A list of the current membership is included in the backup. release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY D!ST ELECTOR ADV. COMM. :ring £ re-appt Dis. trict 2 2' Yes Libra/Adviso Board n~s .- re-appt 'District 5 .. 5 Yes Library Advisory Board s - re-appt District 4 4,, Yes L!br .m-y Advisory B.0.ard ~. ,~d, t 1I TEE RECOMMENDATION: Jaculyn K. Dering Diane Williams Doris J. Lewis Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members limited to two consecutive terms of service on any one Board..." Under (2) of the same it is noted that "By a unanimous vote of the Commission, the limitations set forth in ~bscction (b) (1) above may be waived". According to available records, Jaculyn K. Dering has full terms. Should the Board wish to re-appoint Ms. Dering, the limitations on two co,sccutive terms will need to be waived. VISCAL IMPACT: NONE MANAGEMENT IMPACT: NONE )?& ENDATION: That the Board of County Commissioners consider the ~ c.:..ro. endation for appoimment, appoint 3 members to serve 4 year terms, and direct the Attorney to prepare a resolution confirming the appointments. By: Sue Filson, Administrative Assistant Board of County Commissioners Date: JANUARY 9, 2001 , :Uson_s Sent: To: $ubject~ pecks Thursday, December 07, 2000 2:39 PM filson_s Library Advisory Board Appointment Collier County Library Board Trustees, by unanimous consent of all members present, recommend to the Board of County Commissioners, the appointment of Mrs. Dering, Mrs. Williams, and Mrs. Lewis for an additional term. Yours truly, Sabdna Musci Vice Chairperson 1 Library Advisory Board - Sabina Musci 4470 32rid Avenue, S.W. Naples, FL 34116 D/str/ct.- 3 Category: Sydney S. Me[linger 1200 Ludlam Court Marco Island, FL 34145 District: 1 Category: Diane Williams Rt. 2, Box 18 Immokalee, FL 34142 District: 5 Category: Jaculyn K. Daring 6508 Thomas Jefferson Court Naples, FL 34108 District: 2 Category: Doris J. Lewis 94 Second Street South Naples, FL 34102 District: 4 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-apl~t2ndExpDate 2nd Term 643-2324 12/13/94 12/31/98 4 Years 1/12/99 12/31/02 4 Years 06/04/91 12/31/94 4 Years 642-0633 1/12/99 12/31/02 4 Years 06/17/97 12/31/00 4 Years 6574171 12/22/92 12/31/96 4 Years 592-0180 1/14/97 12/31/00 4 Years 40345702 01/14/97 12/31/00 4 Years 261-8754 This 5 member committee was created by Ord. No. 88-71 to advise the Board of County Commissioners on the operations and proposed budget for the Collier County Library System. Members are composed of 5 members rapresenting the 5 commission districts. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms am 4 years. FIL ETAT: Staff: John Jones, Library Director:. 774-8486 ., ~1 ._ -~_ r~ '1 II I F ' . ' ..... I Wednesday, January 13, I999 Page I of 1 MEMORANDUM DATE: November 6, 2000 TO: FROM: Vinell Hills, Elections Office SBUoeJdi los ;n~ ?~d~i~JoStratmmi :s~i oAnS:ir:tan .~ 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. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Jaculyn K. Dering 6508 Thomas Jefferson Court Naples, FL 34108 Diane Williams Rt. 2, Box 18 Immokalee, FL 34142 Doris J. Lewis 94 Second Street South Naples, FL 34102 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 6, 2000 John Jones, Library Director Sue Filson, Administrative AssismS. Board of County Commissioners ' Library Advisory Board 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: Jaculyn K. Dering 6508 Thomas Jefferson Court Naples, FL 34108 Diane Williams Rt. 2, Box 18 Immokalee, FL 34142 Doris J. Lewis 94 Second Street South Naples, FL 34102 Please let me know, in writing, the recommendation for appointmere of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 10/30/2000 16:0G 9415920178 ROBB DERING FLORIDA PAGE 01 FAX COVER SHEET Jscu!yu K. Derina 6~d)8 Thomas Jeffersou Court Naples, FlorMs 34108 941-S92-1080 October 30, 2000 Pages: 4,(ineh~din~_ TO: Board of County Commi.~4oners Collier County Government Center 3301 East TnmiAmi Trail Naples, FL 34112-4977 Attention: Sue Filson 10/30/2000 16:869415928178 ROBB DERING FLORIDA PAGE 82 Jscul u K. Derhi 6 )8 Thomns Jeffersou Court Naples, FJo14dn ~108 BoardofCountyCommissionc~ CollierCoum~Govea'nmentCenter 3301EastTamiamiTrail Naples, FL34112-4977 Commitloners: I am pleased to ~ulmiit Otis letter sad n~y reinram as ~pph~ f~ ~ ~~ ~ ~ ~ ~ct 2 R~~~e on ~e Col~ C~ L~ Ad~s~ ~ I ~e ~ ~ ~c~ ~ ~~ my ~~ ~ ~ ~p~c~c on ~ ~ ~ ~ ~ ~ ~c c~u~ ~ I ~ ~t y~ ~11 ~ It is my belief that the pubFro h'brary system should be on~ of the basic educational and cultural ~ in the community. A library should be Me Oran roes'ely a plac~ to borrow booira. It should bc & resource upon which to call and participaxc. Educationally fieis mcam woeting with the school system to encourage joint efforts to educate our children in libFary use with hop~ of starting a lifetime of using Ibis resource. This also means continuing to spons~ activities, which will attract children to ¢ong to the library. Also, the library should make an effort to serve as the focal point for community education efforts whether for some continuing topic such as life planning, hobbies, art, music, language, job ~arch, ca; or some topic of the day such as the political process, thc environment, or Sn~wth nmnagcmcnt. Collier County is blessed with an abundance ofhigl~ skilled but oRen unused talent that can be manitoled to provide assistance furthcring the h'bra~'s mission. During my tenure on the Library Adviso~y Board I L-el that I tmvc had some major accomplisltments of which I am very proud. T~y include on-going efforts to upgrad~ the quality and quamiry of our collection, the successful negotiation between the LAB, the First Church of Christ Scientist of Naples, and the ~chool district to improve the parking sittmtion at headquarters. I have also been a stron~ advocate for improving and increasing library fncilities and services in the high 8~owth area of notdiem Collier Count~ and would like to see through 1;o completion the bm'lding and opc~n~ of the new library on Airpoet Road. I very much enjoy working on this board and would truly appreciate d~c oppo~ to cominue. Sinemet, , 18/38/2888 l&: 06 9415920178 ROBB DERING FLORIDA PAGE 83 pL~aI_NE OF.1ACULYN K. DEN3N6 6508 Thomas Jefferson Court Naples, Florida 34108 941-592-0180 941-592-0178(fex) Profmmlolml 1990-1997 ZNTERSECURZTIF. S, INC. Independent financial Consultant Spedalized In 10ng term financial planning, retirement planning, c~11ege planning, mutual funds, life Insurance and annu~es lg87-1988 HERRZLL LYNCH PZERCE FENNER & SNZTH I~nanclal Co~_ _ suitant 1987 ~l~ LEHMAN BROTHER~ ~'lnandal Consultant 1985-1986 Harkefin_o Hana~er Developeel marketing plan for new Philadelphia based computer consulting firm and Initiated contacts with new clients 1984-1985 1983-1984 HELLON BANK Manaaer ~ Dem_apd Deoosit O~ons Set uP new Demand Deposit Section by assembling and managing a work force of 45 employees, negotiating transfer of operations and staff from phased out department, ordering new equipment, designing new work flows for checking account processing. Reduced statement delivery time by 30% with a significant decrease in customer complaints. Manaoer of Systems Su_DaOrt Acted-as liaison between Bank Operauons and Systems. Developed and Implemented quarterly plans for systems requests by setting priorities, negotiating for systems resources, and managing technical staff in the production of specifications and testing. Results were Increased productivity and a reduced backlog of systems 10/30/2000 94i5920178 ROBB DERING FLORIDA PAGE 84 PAGE 3ACULYN K. DER3NG 1979-1983 SUN CO#PANY _Senior HnaDdal Systems Cpn.__sultant Acted as in.real ~n~nt ~ ~an~al ~mmuni~, arialye, ~m~nd~, d~gn~, and im~emen~ ~er ~ems ~plad~ In.dent manual o~ons ~ving ~e ~ny ~n~ of ~1~ in ~ and o~m~ng ~~. 1977-1979 THOI~I~ 3EFI~RSON UNZVERsI'rY _Senior Prc~_ rammer/Analyst 1975-1977 FMC CORPORATZON Senior ~/RARJ:) BANK 1973-1975 ~ EDUCATION HBA Temple University 1982 f4ajor: finance f4inor: AccounUng and Harketlng BA Temple University 1972 Hajor: HathemaUcs PERSONAL ln~rest~s in books, travel, politics, economics, libraries, and, education. Currently serving on Collier County Ubrary Advisory Board and Chair of BarTon Collier High School Advisory Council. Formerly served for six yearn on the Collier County Women's Political Caucus. October 23,2000 Ms. Sue Filson Board of County Commissioners 3301Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: I am requesting a reappointment to the Collier County Library Advisory Board. I have served on the board since 1997, and I would like the opportunity to continue to serve the residents of Collier County. I have resided in Collier County, specifically Immokalee, for 43 years; where our family has been involved in agribusiness. I have a Bachelor of Arts degree from the University of South Florida. I am a volunteer on the Citizens Foster Care Review Board, and I have also done volunteer work at the Immokalee library. Being on the board since 1997, I have seen library circulation grow, and as a board member I would like to continue to be part of that growth by helping to provide the residents of Collier County with the best library facilities. Thanking you for your time. Sincerely, Mrs. Diane Williams Rt. 2 Box 18 Immokalee, Florida 34142 Doris J. Lewis 94 Second Street South Naples, FL 34102 October 16, 2000 Sue Filson Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RE: Library Advisory Board Dear Ms. Filson: My term on the above-referenced advisory committee expires on December 31, 2000. I have very much enjoyed my four-year term and feel it passed much too quickly. This letter is to advise you that I wish to be considered for another term serving on this committee. Enclosed, please find my updated resume. I may be reached during the day at 403-6807. Sincerely, Doris J. Lewis Enclosure: Resume Doris J. Lewis 94 Second Street South Naples, FL 34102 (941)261-8754 OBJECTIVE To be considered for appointment to a second four-year term on Collier County Library Advisory Board. EMPLOYMENT Barron Collier Companies/Grey Oaks Development 2600 Golden Gate Parkway, Suite 105 Naples, FL 34105 14 years EDUCATION Bowling Green University; Bowling Green, OH Bachelor of Science REFERENCES Available upon request. EX!~,CUTIVE SU ,MMAR, Y APPOINTMENT OF MEMBER(S) TO TIlE OCHOPEE FIRE CONTROL DISTI~CT ADVISORY COMMITTEE OBJECT!V~: To appoint 1 member to serve a 2 year term, expiring on December 31, 2002 on the Ochop~ Fire Control District Advisory Committee. CONSIDERATIONS: This 5 member committee advises the Board on the budget and operation of the Oehopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. A list of the currein membership is included in the backup. The terms for Robert G. Genung and Kent L. Orner, Sr. expired on Deeember 31, 2000. A press release was issued and resumes were received from the following interested citizen: APPLICANT CAT]~GORY DIST ELECTOR ADV,.. COMM. [ K~at ~.. om~, sr.-r~-ap~t ] v~e ~1"~, lYes 1 9~ho~,~ Fire c~t~ol ^a~ Corem (~QMMI .TTEE RE(~OMMENDATION:Kent L. Orner V~SCn.L ~PA ..CT: ~:ONE .GROWTH MANAGEMENT IMPACT: NONE ~COMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member to serve a :2 year term; and direct the County Attorney to prepare a resolution conf'a'ming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 9, 2001 o? Memorandum From: Puul ~. Fire Dill; t)lg~elm~ 14, l~q)O We would lib to lbsilk 3~ou for your Itiiffauee lB dab re,tier eed bop~ you will bagdie fklo 0. Rped#ioudy ,,0 I,qm~lble. Prow! W|bo., !rh.~ Chief O~bopo. Fir~ Control Emeq~e, ncy $e~,Jces Div~on AGENDA'~ NO. Ochopee Fire Control District Advisory Committee Robert O. Genung 270 Stella Maris Drive, East Naples, FL 34114 D~str/et: 5 Category: Port of the Islands Work Phone Appt'd Exp. Date Home Phone DmeRe-appt 2ndExpDate 01/12/99 12/31/00 389-939O 2nd Term 2 Years Kent L. Orncr, Sr. P.O. Box 659 Chokoloskee Island, FL 34138 District: 5 Category: Chokoloskee David Loving P.O. Box 110 Everglades City, FL 34139 D/str/ct: 5 Category: Everglades City 01/07/97 12/31/98 2 Years 695-3546 01/12/99 12/31/00 2 Years Michael B. Hart P.O. Box 42 Copeland, FL 34137 District: 5 Category: Lee Cypress (Copeland) 695-3781 03/28/00 12/31/01 2 Years John L. Pennell 32 E. Flamingo Drive Everglades City, FL 34139 DistfLX: 5 Category: Ochopee Area At Large 01/05/93 12/31/93 1 Year 12/13/99 12/31/01 2 Years 12/14/99 12/31/01 2 Years Thursday, Marck $0, 2000 Page I Of 2 AGENDA ITEM No. Ochopee Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Name Horne Phone DateRe-appt 2ndEa~Date 2nd Term This 5 member committee was created by Oral. No. 75-06 to advise the Board of County Commissioners on the operations and budget of the Ochopee Fire Control District, Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, will be appointed by the City of Everglades City Council. Terms are 2 years. Ochopee Fire Control District - 695-4114 Amended by Ord. No. 8g-98 FZ, ~T,4~': 1:25.01 ~': Chief Paul W'dson: 695-41t4 Tbursttay, M~ 30, 2000 '" ' ~ .... Pe~e 2 of 2 MEMORANDUM DATE: November 6, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assis , Board of County Commissioners , RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below axe registered voters in Collier County. Also, please list the commission district in which each applicant resides. OCHOPEE FIRE CONTROL DIST ADV COMM COMMISSION DISTRICT Kent L. Omer P.O. Box 659 275 Smallwood Drive Chokoloskee, FL 34138 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 6, 2000 Chief Paul Wilson Ochopee Fire Control District P.O. Box 25 Ochopee, FL 34141 ta~t~ Sue Filson, Administrative Assis Board of County Commissioners Ochopee Fire Control District 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: Kent L. Omer P.O. Box 659 275 Smallwood Drive Chokoloskee, FL 34138 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Kent L. Orner, Sr. P.O. Box 659 275 Smallwood Dr. Chokoloskee, FL 34138 October 23,2000 SUE FILSON BOARD OF COLLIER COUNTY COMMISSIONERS Ref: OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD. I have served two terms on this advisory board. If a replacement can not be found to represent Chokoloske, I am willing to serve another term. Res: Place of birth- Mill Hall, Pa Date of birth - 3-12-36 Age - 64 Retired - Captain, Delta Airlines President - Parkway Village of Chokoloskee Island Condo Assn. Sincerely, Kent L. Orner EXECUTIVESU, MM ARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY SCHOOL READINESS COALITION OBJECTIVE: To appoint 1 member to serve a 2 year term, expiring on January 9, 2003 to the Collier County School Readiness Coalition. CONSIDERATIONS: An act relating to school readiness; creating s. 411.01, F.S.; established the Florida Partnership for School Readiness for pm~ses of administering the School Readiness Program. Each coalition shall have at least 18 but not more than 25 members and one of those members must be appointed by a Board of County Commissioners. The legislation cadIs for the forming of local coalitions who will direct state funds for Prc-K and subsidized child care, establish single point of entry with unified waiting lists and establish a universal screening A letter dated October 16, 2000 was received from Joe Paterno, Chairman oftbe Collier County School Readiness Coalition advising that Barbara Mainster's term on the committee expired at the end of September 2000 and requesting the BCC to designate a representative. A press release was issued and resumes were received from the following interested citizen: APPLICANT Barbara Louise Mainster BCC Appointmere FISCAL. IMPACT: NONE G, ,ROWTH MANAGEMENT IMPACT: NONE ~RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointmere. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 9, 2001 October 16, 2000 Dr. James D. Carter, Chairman Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Chairman Carter, Roughly a month ago, I wrote this exact letter to the current Chairman, Commissioner Constantine. In light of the election changes, I am readdressing this letter to you regarding the Collier County School Readiness Coalition. , ne state law that created the local school readiness coalition's afforded the local county commission with the opportunity to designate someone to represent them. At your September 14, 1999, Board meeting the Collier County Commission designated for a one year period, Ms. Barbara Mainster, of the Redlands Christian Migrant Association, as its representative. The term of her appointment expired at the end of September 2000. As the Chairman of the Collier County School Readiness Coalition, I am requesting that the Board of County Commissioners designate a representative who will serve for a term as determined by you and your fellow commissioners. Once a designee has been selected, a letter from you as Board Chairman to me will serve as official notice. Thank you in advance for your assistance, and if you have any questions about his process or school readiness, please do not hesitate to contact me at 992-8000. Sincerely, · ~. ? ~ ~, ~o.e. paterno, Chairman ~11ier County School Readiness Coalition JP/elm I)EC-13-88 85 5-~ PM RCMA 941 II - Redlands Christian Migrant Association '402 West Main Street Immokalee, Fl. 34142 Phone: (941) 658-3560 Fax (941) 658-3571 Fax Re: CC: /[~Urgent For Review Please Comment r-I Please Reply [] Please Recycle Comments: ~EC--15--~0 05:$~ PM RCMA 941 658 ~59~ P.02 Barbara Louise Mainster 14940 Old Olga Road Ft. Myers, Florida 33905 (S41) ~$4-49~9 EDUCATION EXPERIENCE Oct. 1972 to Present Feb. 1972 to Sept. 1972 May 1967 to Sept. 1967 Sept. 1967 to May 1968 Jan. 1967 to May 1967 Sept. 1964 to Sept. 1966 REFERENCES B. S. Degree in Social Sciences from Michigan State University in 1962, plus 30 graduate ~edit hours in Anthropology from Cornell University, Ithica, New York, 1962 - 1964. Redlands Christian Migrant Association 402 W. Main Street, Immokalee, Florida 34142 Executive Director Positions held: Education Coordinator 10/72 -10/75 Program Coordinator 10/75 -3/88 Executive Director 3/88 - Present Broome Community College Binghamton, New York Program Coordinator , Early Childhood Education Consultant/Counselor Head Start Supplementary Training O. E. O. - Basic Education for Adult Migrant Auburn, New York Teacher (Spanish Speaking Migrant) Sodus Point Head Start Program Sodus, New York Teacher Director O. E. O. - O. A. P. - Opportunities for Broom, Inc. Chenango Street, Binghamton, New York Consultant, Head Start Parent Involvement Consultant, Family Planning U. S. Peace Corps Volunteer Arequipa, Peru "Community Organizer" Nursery School Teacher Family Planning Coordinator General Social Work Upon Request. ~XECUTIVE SUM~Y APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to serve the remainder of a vacant term, plus a full 4 year term expiring on June 25, 2005 on the Hispanic Affairs Advisory Board, cONSIDEI~TION.S; This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Oovernment and provides periodic reports to the Board of County Comm_ issioners. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received fi~om the following interested citizen: APPLICANT CbTZOORV Elyin Santin[~o [ FISCAL ,IMPACT: NONE DIST ELECTOR ,ApV, CO.MM. .... it No Recommendation qROWTH, MANAG,E, MENT IMPACT: NONE ~COMMENDAT!ON: That the Board of County Commissioners consider the request for appointment, appoint 1 member to the Hispanic Affairs Advisory Board, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 9, 2001 A~J~:)A ITEM NO. MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board~gXE. ounty Commissioners Ramiro M~alich, Chief Assistant County Attorney and HAAB Liaison December 18, 2000 Applicant Seeking Appointment to the Hispanic Affairs Advisory Board On December 11, 2000, you sent me a request for the Hispanic Affairs Advisory Board (HAAB) to make its recommendation on the appointment of applicant Elyin Santiago. The time limit for the HAAB to provide its recommendation expires on January 22, 2001. The next meeting of the HAAB is scheduled for January 25, 2001. Since the HAAB cannot meet the required deadline, please consider placing this item on the January 9th agenda for consideration by the Board of County Commissioners without a recommendation by the HAAB. Thank you for your assistance in this regard. If you have any questions, please do not hesitate to contact me. cc: David C. Weigel, County Attorney David Correa, Chairman, Hispanic Affairs Advisory Board AO~.NDA ITEM NO. /~ ~ Hispanic Affairs Advisory Board Nine Ms. Sofia Pagan 238 Pebble Beach Blvd., Apt. 604 Naples, FL 34113 District: 4 Category: FYork PhoneAPlat'd Home Phone l)ateRe-appt 732-7800 11/14/00 417-5107 EXl~. Date 2ndExpDate Mr. Leo R. Cardona 557 106th Avenue North Naples, FL 34108 District: 2 Category: 513-9748 06/22/99 06/25/03 Mr. Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: 08/01/95 06/22/99 06/25/99 06/25/03 Mr. David Correa 11257 Longshore Way West Naples, FL 34119 District: 5 Category: 06/06/95 10/20/98 06/25/98 06/25/02 Mr. Robert J. Pina 5501 Rattlesnake Hammock, Apt. 113 821-5433 Naples, FL 34113 District: 1 Category: 11/14/00 Mr. Pete Cade, Jr. 1903 Leed Avenue lmmokalee, FL 34142 District: 5 Category: 4 Years 4 Years 4 Years 3 Years 4 Years 657-1763 08/05/97 06/25/01 4 Years Wednesday, Novemlmr 15, 2000 Page 1 of 2 rrEM Hispanic Affairs Advisory Board Name Worlt PhoneAppt'd Exp. Date Term Home Phone DateRe-appt2ndE. x~Date2rid Term 658-2082 08/05/97 06/25/01 4 Years Ms. Dom S. Vidaurri 611 Nassau Street Apt. #3 lmmokalce, FL 34142 District: 5 Category: Mr. Andrew J. Fox, Jr. 180 Cenm~l Avenue Naples, FL 34102 District: 4 Category: Ms. Faye D. Reddick f 4031 Gulf Shore Boulevard North Naples, FL 34103 District: 4 Category: 261-0275 08/03/99 06/25/01 2 Years 434-9475 03/23/99 06/25/01 2 Years This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to identify and evaluate problems unique te the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County govemment and provide periodic reports to the Board of County Commissionera. Terms am 4 years. F/. $T/i T Staff: Ramiro Manalich, Chief Assistant Attorney: 774-8400 Wednesday, November 15, 2000 MEMORANDUM DATE: December 11,2000 TO: FROM: Vinell Hills, Elections Office a~t~ Sue Filson, Administrative Assist Board of County Commissioners ~ '' Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADV BD Elvin Santiago 641 Dorando Court Marco Island, FL 34145 Thank you for your help. COMMISSION DISTRICT AGENDA NO. /c MEMORANDUM DATE: TO: FROM: December 11, 2000 Ramiro Mafialich, Chief Assistant County A~mey SBUoearFdil:~n~?~d~inCi:tratirnn~v~ioA::ir:tant~, Hispanic Affairs Advisory 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: Elvin Santiago 641 Dorando Court Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Dec-08-00 08:35A P.01 Sue l:i].son FACSIMILE TRANSMITTAL SHEET Board of ( ~)U,~' ( ~mmissioners 774-3602 DATE: 12/08/00 TOTAL NO. O~ PAGES IN'CLUD~G COVI~: RE: Appllcadon for 1 ILspanic Affairs Advisory D~c-08-00 08:3~A P.02 December 8, 2000 Sue Filson Administrative Assistant Board of Comxty Commissioners 3301 Tamiami Trail East Naples FI, 34112 To whom it may concern: Twelve years ago, 1 moved from Puerto Rico to Collier County. At the time I thought it wcm Id t>t~ a temporary move - designed to strengthen my weak English skills. However, as I began to settle into my new community, I realized how much Collier County has to offer. I studied English, started a successful career and put down roots in Naples. As my family grows older, my oldest son is a high school sophomore, ired my resources grow greater, I feel it is now time to give .qomethmg back to the commnity where I live and work. David Cottea suggested I apply lo the Iliapanic Affairs Advisory Board as a way to get involved. I wvuk! like to serve on the Board as a way to show my thanks to Collier County and as a way to help others in the Hispaine community. I hope you will consider me when reviewing the applications for the Advisory Board. Elvm Santiago I' blONg: .194-792 I Dec-08-00 08:36A P.03 ELVIN SANTIAGO ~41 I~'~RA]~ COURT MARCO ISLAND, FLOKIDA 34145 941-394 -7921 OBJEC:TI, VE I would like to serve on the Collier County liftspanic Affairs Advisory Board FAMII,Y I am married to Jane Martin - Santiago a Librarian at the Collier County Public Library. I have three children: Alexis aged 15, Wexlie aged 12 and Valerie aged 11. CARE El( As~ista~X~ Store Manager - Publix Supe~'~arkets Employtxl with IXublix since 1994 · Have earned the equilivilant of a promotion per year since being hired by Publix. · Involved wifl~ tile Publix Schocfl'Pat~nership Program for 3 years, · Have spoken at various local High Schools about careers with Publix. EDUCATION · 1986 - 1989 Attended Catholic Universk'y Of Puerto Rico · 2000 ?1ofida Food Safety Cexvfificafion · 1999 The Dale (Larm'gie Seminar 1997 Steven Covey's 7 Habits Seminar INTERESTS Boathxg, computer~ cooking, traveling the U.S. and workin a2n my RX-7 NO. /o~' ExE, CUT~VE SUMMA,R.Y APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECT. IVI~: To appoint 1 member to fulfill the remainder of a vacant term, expiring on O~tober 1, 2002 on the Affordable Housing Commission. CONSIDERAT]IONS: The Affordable Housing Commission is a 9 member committe~ created by OrdMan~e 91-65 to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for inCastructure for site developmere of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the momh; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. Five members are appointed by the County and 4 appointed by the City. After initial appointments, terms are 3 years. A list of the current membership is included in the backup. Larry Mullins resigned his position representing Community Affairs on September 7, 2000. A press release was issued and resumes were received from the following interested citizen: APP,MCANT CATEGORY David Ellis I Building Indumy COMMITTEE RECOMMENDATION: ~!~,T ELECTOR ADV, COMM. I 2 1Yes I Ru. ral Fringe Oversight Corem No Recommendation FISCAL,IMPACT: NONE GR.__.QWTH MANAGEMENT IMPACT: NONE RE .C'0MMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member to the Affordable Housing Commission, and direct the Co.unty Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 9, 2001 AGENDA ITEM NO. ¢~F Pg. / Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant to BCC Cormac Giblin, HUI Manager December 18, 2000 Affordable Housing Commission The Affordable Housing Commission has received one qualified application for the one County appointed vacancy on the Commission. The applicant is Mr. David Ellis. Mr. Ellis is Executive Vice President of the Collier Building Industry Association and has extensive professional experience in the building and construction field. Mr. Ellis meets all the requirements necessary to serve on the Commission. The Affordable Housing Commission has not yet voted on recommending Mr. Ellis for service on the Commission. Department of Housing And Urban Improvement Community Development and Environmental Services Division AGENDA ITEM NO. pg. Affordable Housing Commission Ms. Christine E. Chesaer 682 8th Street North, Apt. #1 Naples, FL 34102 District: 4 IForl~ PhoneAppt'd Home Phone DateRe-appt 436-599O 11/24/98 643-3707 Category: County At Large/Fiscal, 4grot E~. Date 2ndExpDate 10/01/01 Mr. Mark L. Lindner 3199 60th Street, S.W. Naples, FL 34116 District: 3 Category: County/Realtor 262-4333 05/17/94 11/24/98 10/01/95 10/01/01 Mr. Mario M. Valle 961 Murcott Drive Naples, FL 34120 District: 5 Category: Realtor/Affordable Homing 455-7754 348-0190 10/24~0 10/01/03 Mr. w. Jeffrey Cecil 263-8898 1984 Mission Drive Naples, FL 34109 District: 2 Category: County/Arty-Affordable Housing Dev. · 5~,,~ Mr. Larry Mullins ~'~,.I,~ 261-6100 3885 Huelva Court Naples, FL 34109 District: 3 Category: Community Affairs/County 10/14/97 10/24/00 l 1/09/99 10/01/00 10/01/03 10/01/02 Mr. Bruce Mumm 1009 29th Avenue, North Naples, FL 34103 District: 4 Category: City At Large/Architect 11/04/96 12/15/99 11/03/99 12/14/02 2nd Term 3 Years 1 Year 3 Years 3 Years 3 Years 3 Years 3 Years 3 Years 3 years Thursday, October 26, 2000 Page 1 of 2 Affordable Housing Commission N~nl~ Mr. John F. Houton 275 Yucca Road Naples, FL 34102 District: 4 Category: City/Attorney ~f orl~ Phone .4ppt'dExp. Date Term Home Phone DttttRe-appt2ndl~Date 2nd Term 12/15/99 12/14/02 3 Years Ms. Gerry Moore 3390 Mystic River Drive Naples, FL 34120 District: 4 Category: City Ms. Vanessa Fitz c~~ ,.sv~ 2460 14th Street North' ' Naples, FL 34103 District: 4 Category: City/Real Estate 04/05/00 04/04/03 3 Years 643-4955 04/01/96 10101/98 3 Years 261-0275 10/07/98 10/06/01 3 Years This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and I~e goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. 5 members appointed by the County and 4 members appointed by the City. Tam A. Norman, City Clerk 4344701 F£ STAT: none Staff: Greg Mihalic, HUI Director: 403-2330 l'hursday, October 26, 2000 Page 2 of 2 MEMORANDUM DATE: TO: FROM: RE: November 8, 2000 Greg Mihalic, HUI Director Sue Filson, Administrative Assistant~ ~ Board of County Commissioners Affordable Housing Commission As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David Ellis 9625 Deepwater Court Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an execmive 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 A-2achments Hey 08 O0 10:16a CBIR 941-592-0100 CBIA Marlene Meade Lar~ Sisco Treasurer John $oave ~e~t P,'~sldent Rick Melson Pa~! ~sociate Vice President Jennie ~ller Bob Guidl~s Oa~d ~11s ~RECTO~S ~i Ygar Builder Nelson ~hn ~hn Globe~i Bill Spinelli ~nd Ye~ a~lder Troy Buhs Walt~ T~d Gates Jim Tom W~e~ F~t Yea~ T~e ~ime Berry Carney ~ McMahon ~nd Year Trade A~cise Me~in Banahan F~ Year Chu~ Coon~ ~nd Year Pr~fess~al ~!hy G~en ~11 Kuh~an ~unrdl Waller ~ran Ms. Sue Filaon Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Ms. Fiison: I would like to serve the community as a m~mbcr of the Affordable Housing Commission. Attached is a copy of my resume. Thank you for your assistance in this matter. COLLIER BUILDING INDUSTRY ASSOCIATION, INC. 2465 Trade Centre' ~ay · Naples, Florida 34109 - (941) ~92-6100 Fax (941) 592,0100 http://www. CBIA.net NAHB Nov 08 O0 10:16a CBIR 9~1-592-0100 p.3 DAVID LEE ELLIS Address 9625 Deepwater Court Naples, FL 34109 (941) 596-4668 Education Furman University, B.A. History (cum laude) Accomplishmeres · Truman Scholarship Nominee · Recipient of Dana Fouadation Research Grant · Bradshaw-Feaster Medal for General Excellence (Furman University) - 1986 · Outstanding Young Men of America - 1987 Community Involvement · Harbor House, Board Member, 1995-1999 · First Baptist Church, Jacksonville Beach, Deacon · Leadership Jacksonville, 1993 · Youth Leadership Council, 1996-1999 · Clara White Mission, Board Member, 1995-1999 · Co-Chair of the Affordable Housing Expo, 1996- 1999 · Jacksonville Housing Partnership, Board Member, 1997 - 1999 · Leadership Collier, 19~}9 · Collier County Habita~ for Humanity, Board Member, 2000 · Immokalee Friendship House, Board Member, 2000 Work Experience 2/90 - 10/93Activities Director, Northeast Florida Builders Association 10/93 - 2/95Vice President, Target Performance Systems 2/95-6/99 Associate Director, Northeast Florida Builders Association 6/99-PresentExecutive Vice President, Collier Building Industry Association Personal Wife - Susan First Baptist Church of N~les, Member NO. fp~- E. XECUTIVE $,UMMARY APPOINTMENT OF MEMBER(S) TO THE RURAL LANDS ASSESSMENT AREA OVERSIC. tilT COMMITTEE Q.BJECT]~VE: To appoint 1 member to fulfill the remainder of a vacant term, plus a full 2 year appointment expiring on June 22, 2003 on the Rural Lands Assessment Area Oversight CONSIDERATIONS: The Rural Lauds Assessment Area Oversight Committee has 2 vacancies due to resignations. This 15 member committee was created on September 14, 1999 by Resolution No. 99-364A to advise the BCC with regard to data collection, analysis and land developmere regulations to preserve the rural character without causing urban sprawl and the protection of natural resources. The area to be address by this Committee will encompass the AgriculturaFRural Areas and Conservation Areas. Members are subject to filing a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. 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: /~PPLICANT CATEGORY D,!ST ELECTOR ADV. COMM. Joseph S. Boggs I N/a ..... [~5lyes I COMMI[TT~,E RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE G, ROWTH MANA, GEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member to the Rural Lands Assessment Area Oversight Committee, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 9, 2001 m?,on s , (o!11; Sent: To: Subject: mulhere_b Wednesday, December 20, 2000 9:47 AM illson_s; dunnuck_j; bedtelyon_l Application for Rural Lands Vacancy Sue: The Rural Lands Oversight Committee has previously voted not to review applications or make recommendations to fill vacancies on the committee. As I understand it, Mr. Boggs is the only applicant to fill the current vacancy. Since the committee is not structured to require specific "Commission District" representation, as a resident of the County, Mr. Boggs is qualified fro appointment to this committee. This vacancy was created by the resignation of J. Richard Smith, an Attorney and resident of Golden Gate Estates. Rural Lands Assessment Area Oversight Committee Barbara B. Be~ 3301 E. T~ Trail Naples,~7 34112 Dis~/idt: C~egory: Chair Work Phone Appt'd Exp. Date Term Home Phone Date~e-appt 2ndExt~Date 2nd Term 774-8097 Fred Thomas 1802 Farm Worker Village Immokalee, FL 34142 District: Category: Housing Authority 657-3649 09/14/99 06/22/01 2 Years Grady E. Miars 4720 St. Croix Lane Apt. 134 Naples, FL 34109 District: Category: Banker ~ Barbara B. Berry £E ~.~L: 11690 Quail Village Way Naples, FL 34119 District: Category: Retired Commissioner J. Richard Smith ~t~e~ "b~ 21 (}olden Gate Boulevard, East Naples, FL 34120 District: Category: Attorney 495-1000 06/27/00 06/22/01 1 Year 851-3225 597-2099 08/01/00 06/22/01 I Year 455-5020 09/14/99 06/22/01 2 Years Sonia Tuten 1255 15th Street N., Suite 3 Immokalee, FL 34142 District: Category: Business Owner - Irrigation 657-5519 09/14/99 06/22/01 2 Years Wednesday, August 02, 2000 Rural Lands Assessment Area Oversight Committee Nine Ann Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: Category: Business Owner - Marina [Fork Phone ,4ppt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term I I I I Ill i L _ 657-2401 09/14/99 06/22/01 2 Years David Santee 657-3667 395 N. 15th Street Immokalee, FL 34142 District: Category: Farm Bureau - Agency Manager 09/14/99 06/22/01 2 Years Floyd Crews 657-2429 P.O. Box 610 Immokalee, FL 34143 District: Category: SW FL Serv;.ee & Supply - Owner 09/14/99 06/22/01 2 Years Ron Hamel 675-3180 P.O. Box 1319 Labelle, FL 33975 District: Category: Gulf Citrus Growers Association 09/14/99 06/22/01 2 Years Andrew J. Mackie 348-9168 360 Sanctuary Road Naples, FL 34120 District: Category: Corkscrew Sanctuary-Asst Mgr 09/14/99 06/22/01 2 Years Neno Spagna 3850 27th Avenue, S.W. Naples, FL 34117 District: Category: Community Planner 434-4635 455-2168 09/14/99 06/22/01 2 Years Wednesday, August 02, 2000 Page 2 of $ Rural Lands Assessment Area Oversight Committee Netroe Stephen A. Bortone 1450 Merrihue Drive Naples, FL 34102 District: Category: Environmentalist Work Phone Appt'd £xp. Date Term Home Phone DateRe-appt2ndE~pDate 2nd Term 262-030408/01/00 06/22/01 1 Year Rodney D. Harvey 4099 Tamiami Trail N., Suite 200 Naples, FL 34103 District: Category: Realtor 2624333 09/14/99 06/22/01 2 Years James S. Howard 591-7920 2253 Heritage Greens Drive 514-1584 Naples, FL 34119 District: Category: Project Manager - Bonita Bay 06/27/00 06/22/01 1 Year Dawn Jantsch 3620 Tamiami Trail North Naples, FL 34103 District: Category: Chamber President 262-6376 09/14/99 06/22/01 2 Years This 15 member committee was created on September 14, 1999 by Resolution No. 99-364A and confirmed by Ord. No. 99-87 to advise the BCC with regard to data collection, analysis and land development regulations to preserve the rural character without causing urban sprawl and the protection of natural resources. The area to be addressed by this Committee will encompass the Agricultural/Rural Areas and Conservation Areas. Commissioner Barbara B. Berry is Chairing this committee. FL $TAT: Staff: Vince Cautero, Community Development Administrator: 403-2385 Page $ of $ ITEM MEMORANDUM DATE: TO: FROM: September 15, 2000 Vinell Hills, Elections Office~'~, ~ Sue Ffison, Administrative Assistant ~/~ Board of County Commissioners "-A ~ 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. RURAL LANDS OVERSIGHT COMMITTEE COMMISSION DISTRICT Joseph S. Boggs 2421 24t~ Street, S.W. Naples, FL 34117 Thank you for your help. MEMORANDUM DATE: TO: FROM: September 15, 2000 Vince Cautero, Administrator Community Development and Enviro ,nm~ntal Sue Filson, Administrative Assistant./" i~' Board of County Commissioners Rural Lands Oversight Committee Services As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Joseph S. Boggs 2421 240' Street, S.W. Naples, FL 34117 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 09/14/2000 15:54 9419471323 CTE BONITA PAGE 01 Date: To: From: Re: ~c4~-r_ #of Pages:. ~'~ Consui-Tech Engineering, Inc. 24831 Old ¢1 Road, Bonita Springs, Florida 34135 (~1) ~7-02661phone * (941) 947-1323 fax = bonitnl~c~ffi-t.mm e-mill , (incluc~ng Ibis sheet} F__6 Fax No. ~' 7-~ - .~ Fax No. Fax No. _ 941-947-1323 09/14/2000 15:54 9419~71323 CTE BONITA PAGE 02 September14, 2000 Mrs. Sue Filson Administrative Assistant Board of County Conunissioners 330I Tamiami Trail East Naples, Florida 34112 Re: The Rural Lands Oversight Committee With this letter I am asking to be cormitteted tO fill the vacancy of the above r~ferenced committee. I have lived m Naples since 1967. I gradua~d from Naples High School in 1971. I was married m Naples and have raised my family here. I have a home in Golden Gate Estates on 23'a Street S,W. and have first hand experience of the ,character of rural Collier County. I am obviously raterested in how Collier County will handle continuing pressures to develop into these areas as the Cottory5 population grows and developalble land becomes scarce, I am a Professional Surveyor and Mapper' and I feel that I can offer a unique perspective regarding data collection, analysis and land d~velopment regulations concerning rural lands and protection of natural resources, Our profession is hasleally one that assembles facts and then reaches a d~ision based on those facts, I have served on a committee appointed by the Governor for the purpose of developing the criteria for lieeasing photogrammetrists in t Joe State of Florida. I have served in various capacities w~th the local and State Surve 'Yex8 and Mapping Society organizations. I am ~ instructor approved by ~e Board of Professional Surveyors and Mappers. I have served on the Legislative Committee for the Surveying and Mappros Society for l0 years and was active in legislative issues that affected oux State. Community service has also been focus of mine. I am a member of the Pelican Bay Rotary Club. I have served as a director, treasuxer, and I am eurrenfiy secretary for the Club. I am a member of our scholarship committee and w~s chairalan of that committee for 2 years. I have also volunteered my surveying expertise to a group that does design work gratis for organizations in third world countries. I have gone to orphanage projects m Guatemala and Haiti. I have been to Russia recently to work on a drug and alcohol center. I have also been to Haiti to work on a sehooI and an agricultural projeel. My home address is: 2421 2~rd Street S.W. Naples, Florida 34117 Shacerely; .~ ~ ~ CONSUL-TECH ENGINEERING, INC. - 89/14/2888 15:54 9419471323 CTE BONITA PAGE 83 Educat/on: Rcgisu'ation: Affiliations: JOSEPH ~. BOGGS, P.S.M. Consul-Te~h Engineering, Inc. Bonita ,gorings ms. 4,d Professional Sltrve¥or and ~lapper, Florida Ccr~catc ¢P3§1§, 1980 National Society of Profcss Florida Surveying and Florida Land Surveyon Po Ycass Experience; 28 Relevant Experience: ional Surveyors, 1980- 1992 ping Society, Collier-Ice Chapter itical Action Coi,m~ittce, Chaimmzz 1998 - 1999 Consul-Teeh En~ineeri~, Inc. 1999 - Presene Senira ~sociam ~th ~c Fhm dacc~ ~ey o~rafi~ for b~n~ and topo~c ~cys, p~ ~d condomin~ d~. Wflsoa, Mffier, B~on & P~ Ins 1989 - 1998: S~or Associate wi~ ~e ~ s~ce 1 ~8. P~jcct to d~elopm~ ~clu~g ~d~ s~s, ~b~viSion pla~ ~d condo~m pla~. wimc~ ~ v~o~ co~ ~es mvolv~g ~da~ ~putes, condo~ums, ~nic~al ~Qon, ~d wa~ Bruce Green & ~oeiates 1974 - 1989: ~zid~- R~onsible for prof~ional, gmeml a~nis~ave, ~ b~ ~afions. ~oj~t l~eyor for amens public ~d ~va~ land developm~t cou~ c~ mvolmg bo~d~, conduits ~d a-nexaa~. W~sun~ ~, Ba~n, ~11 & Pee~ Inc. 1972 - 1974: $~I ~ a~cro~ ]~d d~l~t ~j~ ~ Co~ ~d Lee Co~. NO.._~ C-~_. .... MEMORANDUM DATE: TO: FROM: RE: RECEIVED COUNTY ADMINISTRATORS OF;-iCE December 21, 2000 Thomas W. Olliff, County Manager Pamela S. Mac'Kie Commissioner, District 4 L-.'?.,-'. !/.dL,,t ACTION FILE Ordinance 2000-90, ordinance to amend the Collier County Educational Facilities System Impact Fee Ordinance by adding a provision for an exemption for adult-only communities. I have placed on the January 9, 2001, agenda for reconsideration Item 12 C 1 from the December 12, 2000, Board meeting. This item %ras Ordinance 2000-90, an ordinance to amend the Collier County Educational Facilities System Impact Fee Ordinance by adding a provision for an exemption for adult-only communities. It has been added as item 10 H on the January 9, 2001, agenda. Thank you for your assistance. ame~ie Commissioner, District 4 PSM/vgr MEMORANDUM RECEIVED COUI,ITY ,q;)~,',~NISTR,~OR$ ~ '-r!; ,: AC'flON DATE: TO: FROM: December 21, 2000 Thomas W. Olliff, County Manager Tom Henning Commissioner, District 3 FILE_ Ordinance 2000-90, ordinance to amend the Collier County Educational Facilities System Impact Fee Ordinance by adding a provision for an exemption for adult-only communities. I have placed on the January 9, 2001, agenda for reconsideration Item 12 C 1 from the December 12, 2000, Board meeting. This item was Ordinance 2000-90, an ordinance to amend the Collier County Educational Facilities System Impact Fee Ordinance by adding a provision for an exemption for adult-only communities. It has been added as item 10 H on the January 9, 2001, agenda. Thank you for your assistance. TH:sf Tom Henning Commissioner, District Aff--.-END~, I,.T.~'M -- No._ /(/ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AN ACTION PLAN FOR THE COUNTY MANAGER TO PROVIDE WRITTEN EXPECTATIONS FOR PERFORMANCE FOR FY 01 OBJECTIVE: To have the Board provide a clear and collectively established set of objectives for the County Manager. CONSIDERATIONS: The Cc, unty Commission employs the County Manager and County Attorney through contractual agreements. The agreement for the County Manager's position calls for the development of a performance-based merit system. All other County employees are provided a work plan that is called an "action plan". This work plan is developed jointly between each manager and associated employees. This tool allows the employee and manager to agree upon performance expectation in advance. The attached work plan developed by Commission Chairman Carter and the County Manager will comply with the agreement and will serve as this management tool. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. FISCAL IMPACT: There is no fiscal impact associated with the approval of the attached work plan. The agreement between the County Manager and the Board of County Commissioners calls for performance-based salary adjustments to be completed prior to October 1, or each year at the beginning of the County fiscal year. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS approve the attached annual work plan for the Collier County Manager. Prepared by~ /~..~_~~ a__~_ Tho~nas W. Olliff, Coun~anage AGENDA ITEM No. ,O 17. The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day- to-day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Nanager for the period from October 2000 through September of 200~.. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, p~:rsonnel management and capital project management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a I to 5 scale. l~ndividual evaluations will be totaled and averaged to determine the Board's collective position. Far Far BelowBelow I~eets Exceeds Exceeds COI4t4UN]:CAT]ONS StandardsStandardsStandardsStandardsStandards 1 2 3 4 5 IC.1 C[nternal) The County Manager will be expected to improve the communications within the organization and show specific actions taken to provide better communications within the employees of the Board of County Commissioners. C.2 (]~nternal) The County Manager will be expected to provide the Board of County Commissioners with timely and accurate responses to requests for information. C.3 (][nternal) The County Manager will be expected to regularly communicate with the County Attorney and the Constitutional Officers .to ensure that operations between these agencies and the Board of County Commissioners are coordinated. ..... ~(~ND-A I'r~M JAN 0 9 2001 Far Far BelowBelow Meets Exceeds Exceeds COMMUNICATIONS~ Cont. StandardsStandardsStandardsStandardsStandards ! 2 3 4 5 C.4 (External) The County Manager will be expected to provide information to the public through a minimum of one speaking engagement per month on average. C.5 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Far LEADERSHIP/ Far BelowBelowMeetsExceedsExceeds ORGAN:~ZATIONAL StandardsStandardsStandardsStandardsStandards DIRECT[ON 1 2 3 4 5 L.:L The County Manager will ensure that there is a clear i direction that is communicated throughout the organization. L.2 The County Manager will ensure that all executive summary reports provided to the Board have specific and clear recommendations. L.3 The County Manager will provide opportunities for the Beard of County Commissioners to discuss and set proactive policy direction on key community issues. L.4 The County Manager will have staff involved in professional organizations and intergovernmental coordination organizations such as the Florida Association of Counties, to assist Collier County in achieving best management practices. ' ' AGEblDA I_TEM No. I(D ~ JAN 0 9 2001 Far Far BelowBelow Meets Exceeds Exceeds LEADERSHIP~ Cont. StandardsStandardsStandardsStandardsStandards I 2 3 4 S L.5 The County Manager will ensure that the top management team for the County is provided clear organizational direction through specific action plans, regular individual and collective meetings. Far Far BelowBelow Meets Exceeds Exceeds FINANCiAL MANAGEMENT StandardsStandardsStandardsStandardsStandards I 2 3 4 5 F.! The County Manager will present an opportunity annually prior to the development of the annual budget for the County Commission to have a policy level discussion regarding the next year's annual budget F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and then again in accordance with statute for public participation through a series of two separate public hearings F.3 The County Manager in conjunction with the Clerk of Court's Finance Department will maintain a system for managing the budget, to ensure that budgets are properly administered. F.4 The County Manager will provide financial coordination through a committee including the Budget Office, the Clerk's Finance Department, and the County's Financial Advisor who will review and make clear recommendations on any and all ^eaENbAITEM matters that involve financing - issues. JAN 0 92001 :Far Far BelowBelow Meets Exceeds Exceeds PERSONNEL MANAGEMENT StandardsStandardsStandardsStandardsStandards I 2 3 4 5 P.! The County Manager will ensure that there exists written human resources policies and procedures that are used throughout the organization. P.2 The County Manager will ensure that there is a training program for County employees to train them on best management practices, to ensure concurrency within the organization and to promote a safe workplace. P.3 The County Manager will ensure that the County follows the Board's established policies for the hiring and management of its employees. P.4 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized means for salary administration. P.5 The County Manager will ensure that employees are provided performance expectations and performance evaluations that are both designed to enhance performance. AGF_NDA~I'EM No. lb _1~ JAN 0 9 2001 CAPITAL PRO.1 ECT Far Far BelowBelowMeetsExceedsExceeds MANAGEMENT StandardsStandardsStandardsStandardsStandards I 2 3 4 5 CP.1 The County Manager will provide a capital budget that will clearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding SUCh projects CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and timely. CP.3 The County Manager will ensure that for each key capital project that there is clearly established responsibility, budgets and schedules for each. CP.4 The County Manager will work through the County's Finance Committee to bring recommendations regarding any and all capital projects that require financing. CP.5 The County Manager will in particular track Transportation construction and ~ provide the Board with more frequent updates as to progress and bring a revised transportation construction plan and financing plan. "A(3~:NDA ITEM ' No. Io ~ JAN 0 9 2001 RESOLUTION No. 01- SUPPORTING THE ENDORSEMENT/CO-SPONSORSHIP OF SOUTHWEST FLORIDA TRANSPORTATION OUTREACH PROGRAM APPLICATIONS WHEREAS, the 1999 Legislature passed Senate Bill 862 establishing the Transportation Outreach Program replacing the Fast Track Economic Growth Transportation Initiative; and WHEREAS, the Transportation Outreach Program, organized within the Florida Department of Transportation under the guidelines of Section 339.137, Florida Statutes, is dedicated to funding transportation projects of a high priority; and WHEREAS, the Transportation Outreach Program is dedicated to accelerating transportation projects which impact Florida's economic competitiveness and job creation by funding major regional needs which have been unfunded or underfunded in the past; and WHEREAS, the Transportation Outreach Program funding awards are based on the prevailing principles of preserving the existing transportation infrastructure and improving travel choices to ensure mobility; and WHEREAS, the Southwest Florida Regional Planning Council supports the expedited construction of Metro Parkway Extension (S.R. 739), Treeline Avenue Extension, Central Sarasota Parkway 1-75 Intemhange, Toledo Blade Boulevard Signatization & Safety Improvements, Immokalee Airport Customs Facility, and the Clewiston Transit Service; and WHEREAS, Transportation Outreach projects may be proposed and supported by any local government, regional organization, economic development organization, public-private partnership, metropolitan planning organizations, or other state-wide groups engaged in economic development activities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board continues to support the Transportation Outreach Program applications in cooperation with the local government sponsors and public and private partners benefited by the increased mobility and opportunity to further economic development-related transportation projects that require a timely commitment. 2. The Board hereby expresses its support for funding by the Florida Legislature of the six pending applications relating to Southwest Florida projects, including particularly the Immokalee Airport Customs Facility in Collier County. This Resolution adopted this day of second and majority vote. 2001, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: James D. Carter, Ph.D., CHAIRMAN -' AGE'Kib,~ IYEM No. JAN 0 9 7.001 ITEM 10 K JANUARY 9, 2001 RESOLUTION SUPPORTING THE NEW IMMOKALEE CUSTOMS FACILITY BACK-UP WILL BE PROVIDED THE MORNING OF THE JANUARY 9, 2001 BOARD OF COUNTY COMMISSIONERS MEETING. l " A(~..NI~.~ IT'EM No. JAN 0 ~, ZOO1 RESOLUTION NO. A RESOLUTION SUPPORTING THE CONSTRUCTION OF A FEDERAL INSPECTION STATION (US CUSTOMS BUILDING) AT THE IMMOKALEE REGIONAL AIRPORT WHEREAS, the Immokalee Regional Airport has recently been designated as Foreign Trade Zone No. 213; and WHEREAS, the Immokalee Regional Airport has recently been designated as US Customs Port No. 1881; and WHEREAS, the United States Customs Tampa District Office has indicated a willingness to serve the Immokalee Regional Airport at such time as a US Customs building is constructed by the Collier County Airport Authority; and WHEREAS, the County has over the past six (6) years supported and invested in the growth and development of the Immokalee Regional Airport and the Airport's Industrial Park; and WHEREAS, the furtherance of the existing Immokalee Airport cargo operations and growth of the Airport Industrial Park are hindered by a lack of a US Customs facility and presence. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Collier County, that the County supports the expeditious development of a Federal Inspection Station (US Customs Building) at the Immokalee Regional Airport. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida endorses the efforts of the Collier County Airport Authority to obtain grants to construct said US Customs Building. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida shall take measures to ensure that this resolution and the fact of the County's support for the development of a US Customs building at the Immokalee Regional Airport shall be transmitted to the appropriate regulatory agencies and grant agencies. This Resolution adopted this motion, second and majority vote. day of , 2001 after A(~ENi~A ITEM JAN 0 9 2001 ATTEST: DWIGHT E. BROCK, CLERK By:. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: David C. Weigel County Attorney AGENDA JTEM JAN 0 9 2001 pg. c,~ EXECUTZVE SUMMARY THAT THE BOARD OF COUNTY COt~IMZSSZONERS ADOPT A RESOLUTZON DESZGNATZNG THE CLERK OF THE CZRCUTT COURT AS THE REPRESENTATZVE OF COLLZER COUNTY ZN THE COLLECTZON OF COSTS, FEES, AND FZNES, TO DEFEND BOND FORFETTURES~ TO PROSECUTE CZVTL RESTZTUTZON LZENS, AND COLLECT A REASONABLE FEE FOR THOSE SERVTCES. OB3ECTZVE: To have the Board of County Commissioners designate the Clerk of the Circuit Court as the representative of Collier County in such actions as described above. F.S.125.Z7, authorizes the Board of County Commissioners to make such a designation: "The clerk of the circuit court for the county shaft be clerk and accountant of the board of county commissioners. He or she shall keep their minutes and accounts, and perform such other ,duties as their clerk as the board may direct." By this statute the Clerk of the Circuit Court can be designated the party responsible for collecting the costs, fines and fees that result from various operations of courts and operation of ordinances. The Clerk of the Circuit Court has a collection program that is able to collect overdue fines and costs and place defendants on a payment schedule to satisfy their judgements. The Florida Legislature, the Florida Courts and the Board of County Commissioners, through statutes, administrative orders and ordinances have shown their intent to have the cost of programs supported by those users/defendants who are responsible for their judgements. The proposed resolution will provide that a nominal initial fee of $20.00 is charged and a $:[.00 fee for each payment thereafter to have the user support the mechanism as intended. CONSZDERATTONS: Presently only the Clerk of the Circuit Court is collecting fines, costs and fees. The Clerk of the Circuit Court is the experienced money-collecting party in Collier County. The clerk's office has personnel already set up to take in the money and accounting procedures to insure the reliable transfer of funds from payor to payee. The Clerk of the Circuit Court is the only office with a collections department. With the approval of the Board of County Commissioners for the Clerk to engage in lawful enforcement on behalf of Collier County, by taking appropriate legal action, this collection process will become even more efficient and effective. This designation in the proposed resolution is authorized by F,S. 938.35. The number of court ordered cases received by the Clerk's collections department nearly doubled from 1,445 cases is 1998 to 2,259 cases in 1999. in July 2000, the collections department was running 200+ cases ahead of 1999. As of November 24, 2000, the Clerk of the Circuit Court has collected more than $1.2 million this year alone. The collections department in fact collects approximately 80% of the ordered amounts but with the proposed resolution in place the Clerk of the Circuit Court will be the party authorized to attempt and to collect even more of the ordered amounts. With the passage of the proposed resolution, the percentage of,...money col!ected will increase. I JAN 0 9 20 l,, ,, The proposed resolution will authorize the Clerk of the Circuit Court to settle any judgement or lien matter to the best benefit and interests of Collier County. The proposed resolution will transfer to the Clerk of the Circuit Court the authority to represent Collier County in actions involving bond forfeitures (F.$. 903.026 et seq.) presently handled by the County Attorney's Office. The Clerk of the Circuit Court is at the hub of the bail bond process and the custodian of all the documents involved in the bail bond process. The Clerk of the Circuit Court is better able to accommodate the process through existing staff and resources for the benefit of Collier County without additional costs. The legislature has authorized political subdivisions to collect restitution !iens (F,$. 960.29 et seq.) in the amount of $50.00 per day as restitution for every' day of a defendant's sentence of incarceration. This is an untapped "revenue pool". There is no mechanism in Collier County until this proposed resolution to initiate and enforce the liens. The proposed resolution will authorize the Clerk of the Circuit Court to perform these functions. No other party/agency/office is better prepared to complete these tasks. This proposed resolution will allow the clerk to file the appropriate documents and take all reasonable (cost effective) measures to enforce that judgement. Measures can include asset searches, depositions in aid of execution of judgement and other investigatory processes. GROWTH MANAGEMENT ZMPACT: NONE FISCAL IMPACT: No additional ad valorem costs. Any additional costs will be borne by the user fees. Cost analysis in the appropriate area of the Clerk's budget indicates that the mechanism proposed here can be funded through a $20.00 initial set-up fee for each judgement processed through the collection program and a $~-.00 fee per payment to fund the program. Since the Clerk of Courts is already tasked to collect most of the assessed costs, fees and fines, there will be no additional cost to the County. However, by authority of this proposed resolution, additional money will flow to the county from additional collections of newly imposed judgement liens and other costs. RECOMMENDATION: That the Board of Commissioners approve the proposed resolution designating the Clerk of Circuit Court as the representative of Collier County to be the party responsible to collect criminal court costs and fees; to collect fines, resulting from actions of the courts inuring to the benefit of the political subdivision of Collier County, Florida; to defend bond forfeitures and prosecute civil restitution liens and other actions relating to criminal costs and fees; to settle those claims in the best interests of Collier County and to allow the collection of a reasonable fee for the collection service as provided by law. Jl~nitted//prepared by: DW:[(~IT E. BROCK ClerkVol the Circuit Court AGENDA ~EM No.,, II I+! JAN 0 9 2ool RESOLUTION NO. 2001- A RESOLUTION DESIGNATING THE CLERK OF CIRCUIT COURT AS THE REPRESENTATIVE OF COLLIER COUNTY TO BE THE PARTY RESPONSIBLE TO COLLECT COSTS AND FEES; TO COLLECT FINES RESULTING FROM ACTIONS OF THE COURTS INURING TO THE BENEFIT OF THE POLITICAL SUBDIVISION OF COLLIER COUNTY, FLORIDA; TO DEFEND BOND FORFEITURES AND PROSECUTE CIVIL RESTITUTION LIENS; TO SETTLE THOSE CLAIMS IN THE BEST INTERESTS OF COLLIER COUNTY AND TO ALLOW THE COLLECTION OF A REASONABLE FEE FOP THE COLLECTION SERVICE AS PROVIDED BY LAW. WHEREAS, Chapter 125.17 of the Florida Statutes establishes that the Clerk of the Circuit Court is the Clerl< to the Boarel of County Commissioners and may "perform such other duties as their cleft< as the board may direct."; ancl WHEREAS, by operation of law, orelinance anel oreJet, the Clerk of the Circuit Court has been granteel authority to collect fines, costs ancl fees, the benefit of which inure to the political subelivision ot Collier County and is the custoelian of all the recorels anel elocuments for the Board of Commissioners 'ancl the Courts: anel WHEREAS, by operation of law, Collier County may defenel bonel forfeitures and may prosecute civil restitution liens; anct WHEREAS, in Collier County, the Clerk of the Circuit Court collects the majority of all fines, costs ancl fees anel as such has staff, personnel ariel proceelures in place to accomplish these tasks efficiently anel with minimal cost to the Courtly; and WHEREAS, the citizens and taxpayers of Collier County, the Board of County Commissioners and the Florida Legislature recognize that public programs should have the costs of such programs supported by those who use the programs. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: BOARD OF COUNTY JAN o 2ouJl f The Clerk of the Circuit Coud of Collier County is hereby directed to be the pady responsible to represent Collier County in the collection of costs and fees and in the collection of fines inuring to the benefit of Collier County, and may take all lawful actions to legally assert or defend the interests of Collier County in any and all actions involving criminal appearance bonds, collections of fines and costs imposed through Courts of this County and in assessment and collection of restitution liens; AND IT IS FURTHER RESOLVED that as representative of Collier County and the pady responsible for collections, bond forfeitures and civil restitution liens, the Clerk of the Circuit Court is hereby authorized to use any lawful, cost efficient means to pursue or settle any such claim in the best interests of Collier County; AND IT IS FURTHER RESOLVED that the Clerk of the Circuit Court is hereby authorized to collect a reasonable fee necessary to fund the administrative costs of the services authorized by this resolution as provided by law. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. A'FI'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: Ramira Ma~alic~ Chief Assistant County Attorney H:\Public\DebbieArmstrong\Resolulions\RESOLUl'lON - Clerk JAMES D. CARTER, PH.D., CHAIRMAN 2 JAN 0 2001 EXECUTIVE SUMMARY V-2000-25, JOSEPH SABATINO REQUESTING A VARIANCE OF 7.5 FEET FROM THE REQUIRED SIDE YARD OF 7.5 FEET TO 0 FEET ALONG THE EAST SIDE YARD OF LOTS 44, 45 AND 46; A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE SIDE LOT LINES AND WITHIN THE COURTYARD WALLS; AND A VARIANCE OF 10 FEET FROM THE REQUIRED REAR YARD OF 10 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE REAR LOT LINES AND WITHIN THE COURTYARD WALLS FOR PROPERTY LOCATED ON 111*~ AVENUE NORTH, FURTHER DESCRIBED AS LOTS 44, 45, 46 AND 47, NAPLES PARK UNIT 6, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in single family development. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The petitioner requests several variances in order to construct 4 zero-lot line courtyard style homes on four lots in Naples Park. The petitioner requests a variance of 7.5 feet from the required side yard of 7.5 feet to 0 feet along the east side yard of Lots 44, 45 and 46; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required rear yard of 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls. The petitioner wishes to construct courtyard-style zero-lot line homes on 4 lots zoned RMF-6 in Naples Park. The lots will maintain the combined 15-foot separation between this project and adjacent homes. A wall will be constructed around the backyard (courtyard) of each home. A single family home, meeting required setbacks, could be constructed on each lot. The petitioner, however, wishes to build homes with a courtyard design and a common architectural theme. In order to accomplish this, he requests the subject variances. A similar petition was approved on May 23, 2000 for six lots fronting on 111 ~h Avenue North and 110t~ Avenue North. JAN o 9 2ool The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its December 7, 2000 meeting. The Commissioners listened to testimony by the petitioner, Planning Services staff, Naples Park residents and the public. After discussion, Commissioner Richardson made a motion to continue the hearing until the Community Character Study is complete. The motion failed 2 to 6. Commissioner Richardson then made a motion to den)', based on the fact that there is no land- related hardship. The vote was 4 to 4, therefore the motion failed. As a result, the CCPC forward petition V-2000-25 to the BZA without a recommendation. The petitioner decided to proceed to the Board of Zoning Appeals without a recommendation from the Planning Commission. Two phone calls were received objecting to the project and two phone calls were received expressing no objection. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: RMF-6 zoning permits single-family, duplex, and multi-family structures. Naples Park is zoned RMF-6 and is predominantly single-family. Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses, staff recommended that the CCPC forward Petition V-00-25 to the BZA with a recommendation for approval. 2 AGENDA I'IT~ , 15 Fl t JAN O 9 2001 PREPARED BY: F L, AICP PRINCIPAL PLANNER REVIEWED ~Y: RONALD F. NINO, AICP CURRENT PLANNING MANAGER /&. 7. Do DATE DATE R~ERE,~ICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JO iH~q M. D~CK, III ~M COM~ITY DEVELOPMENT & E~IRO~ENT~ SERVICES ~M~ST~TOR executive summary/V-2000-25 3 AGEI~A rlT=M ~ !:~ 1'4! JAN 0 9 2001 V-00-25 V-00-26 Property Owner: George F. & Rita Faccone 579 95th Avenue North Naples, FL 34108-2452 JAN 0 9 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 13, 2000 SUBJECT: PETITION Vo2000-25 AGENT/APPLICANT: PURCHASER: Joseph Sabatino 9624-102 Crescent Lake Drive Naples, FL 34109 REQUESTED ACTION: The petitioner requests several variances in order to construct 4 zero-lot line courtyard style homes on four lots in Naples Park. The petitioner requests a variance of 7.5 feet from the required side yard of 7.5 feet to 0 feet along the east side yard of Lots 44, 45 and 46; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required rear yard of 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls. GEOGRAPHIC LOCATION: The subject property is located along 111th Avenue, also described as Lots 44, 45, 46 & 47, Block 80, Naples Park. AOrO~A IlD~ 1:5/4 t JAN 0 9 2001 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct courtyard-style zero-lot line homes on 4 lots zoned RMF-6 in Naples Park. The lots will maintain the combined 15-foot separation between this project and adjacent homes. A wall will be constructed around the backyard (courtyard) of each home. A single family home, meeting required setbacks, could be constructed on each lot. The petitioner, however, wishes to build homes with a courtyard design and a common architectural theme. In order to accomplish this, he requests the subject variances. A similar petition was approved on May 23, 2000 for six lots fronting on 111th Avenue North and 110th Avenue North. SURROUNDING LAND USE AND ZONING: Subject: Undeveloped lot; zoned RMF-6 Surrounding: North - East - South - West - 111 ~' Avenue ROW Single family home; zoned RMF-6 Single family home; zoned RMF-6 Single family home; zoned RMF-6 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. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2..7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: ~r. lqO,~ itra~ JAN 0 9 2001 ae Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. Although this is an existing neighborhood developed with traditional single family and duplex residences, the petitioner wishes to construct a single-family house that is non- traditional in this neighborhood. be 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 petitioner wishes to construct a different style of residence from the surrounding neighborhood. Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The petitioner could construct a traditional single family house on each lot. de 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 traditional single family house on each lot would not require a variance and is a reasonable use of the land. However, the requested variance will be for proposed courtyard-st-yle homes, with no increase in density. In addition, the 15-foot separation between the subject lots and adjacent homes will be maintained. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have smaller rear and side yards than would be permitted for similar lots in Naples Park. f. 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? 3 JAN 0 s 2001 No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will result in a single family housing type, which is a slightly different style from the surrounding area and will not be detrimental to the public welfare. Courtyard homes are used successfully in the PUD zoning district. 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. Proposed courtyard walls will hide the accessory structures from the view of neighbors. Staff believes that these factors ameliorate the proposed encroachments of the accessory structures. 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: Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses, staff recommends that the CCPC forward Petition V-00-25 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. 4 JA I 0 9 2001 F~ISCHL, AICP SENIOR PLANNER ~lqALb"~'. ,hl~,~, AICP CURRENT PLANNING MANAGER kOl~ERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR //- s DATE DATE DATE APPROVED BY: IN~JERIM COMMUNITY DEVELOPMENT ADIMINISTRATOR DATE ENVIRONMENTAL SERVICES Petition Number: V-2000-25 Collier County Planning Commission: GARY WRAGE, CHAIRMAN Af.~A IT~EJ~ JAN 0 9 2001 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTI~JLAR; ~. ¥00- 25 00-26 . Petition No' ¥ Commission District: ~Date Petition Received: ' Planner Assigned: ~ ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Agent's Name: Agent's Address: 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 1 JAN 0 9 200t Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State ~ Zip . Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: A/ /~. Mailing Address City State ~ Zip. Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address L;..~".a,-. City A)?I~6~ State ta-L Zip_ PROPERTY DESCRIPTION: Legal Description of Subject Property: SubdivisiOn: /f/2ff'c.c~' r~z,,c Section 3~P Twp. 4,('5 Range 7_.~'~ Property I.D. Pa._/,,2. Address of Subject Property: (If differen! from Pet/tioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: Minimum Yard Requirements for Subject Property: / Front: ~- Comer Lot: Yes [] Side: 7,~' ~-'~'/t-. ~Z ) Waterfront Lot: Yes [] Rear: AppLication for Variance Petition - 8/98 Pagel JAN 0 9 2001 of 8 ~#~ure of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback fi'om 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. ~' ~;F~' ~ ~k'r q~' ~ S~ g~t ~ .~'/r~ i~'n~ ~*F-b Po;~cT JAN ~ ~ 2001 ~p~fion for Valance Peri,on - ~8 Page 4 of JAN 0 9 2001 Please note that staff and the Collier County p]anning Commission shall be guided m their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided m its determination to approve or deny a variance petition by the below listed criteria (l-g). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existmg conditions relative to the property which is the subject of the variance request. 3. Will a literal interpretation of the provisions of ~ zoning code work unnecessary and undue hardship on the apphcant or create practical ditT~culties on the applicant. 4. Will the variance, ff g~nted, be the minimulti varigice tl~! will make possfl~le the reasonable use of the land, building or slructure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/~8 Pa~e 5 of Will granting the variance requested confer on the petitioner any special privilege that is demed by these zoning regulations to other lands, buffcLings, or structures in the same zomng district. ,1~ t~,',~ST,/7~/~; ~."~,~:..;~,e~,.,.~,~ r'~.~.,'- ~'.z,v,:..~_' ~:%'l~::e-c,/~,u-..~ ,"~.~-" Will granting the variance be in harmony w/th the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise deW_mental to the public welfare. Are there natural conditions or physically reduced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 JAN 0 9 2001 RECEIVED NOV 3 0 2000 Mr. Fred Reischl, Senior Planner Planning Services Department Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 601 95th Avenue N. Naples, Florida 34108 November 29, 2000 Dear Mr. Reischl: V-2000-26 Joseph Savatino, Lots 3,4,5,6 and 7-95th Avenue North Naples, Park Unit 3, Section 28 Township 48 South Range 25 East~ Collier County, Florida In reply to your November 18, 2000 letter, I wish to state this variance is unjust to the adjoining lots and all the people on surrounding lots and cause lack of vision around these buildings. How can this builder do any repairing to his construction without violating their lot lines? This block of 95th Avenue North is owned for the most part by individual property owners who have been homeowners there for a minimum of 15 years. Naples Park is looking for construction that will be attractive to our area not eyesores and greater congestion. The increased traffic they will cause with so many elderly residents and children,will be a great hazard to our street. Please do not steal the little 9teen space which is currently there. Sincerely, Roberta L. Bush RLB:B CC: Occupant and Owner of Lot 25, Block 32, Naples, Park Unit 3, Per Plat Book 3, Page 5, Public records of Collier County,Florida AGENDA ITEM JAN 0 9 200l .t. Collier County Government Planning Services Department 2800 North Horseshoe Drive Naples, Fla 34104 I am enclosing a letter I received regarding a request for a variance on lots 44,45,46,and 47 Naples Park Unit 6 in Section 28. I am the owner of lots 48 and 49 of Naples Park Unit 6. At this time I am opposed to granting the variance since the lots are only 50 feet wide and allowing Mr. Sabatino to build any structure would diminish the amount of greenspace dividing the lots and constrict our ability to construct a structure when we decide to build on the property. Since these lots have considerable vegetation there is also concern on our part that any construction done must be done without damage to trees and shrubs on our property. Allowing the variance would almost surely mean damaging this vegetation. I am hopeful you will read this letter into the minutes of your hearing. Sincerely, Dean Helgeson 4665 Brinkman Dr. NE. Bemidji, Mn.56601 218-751-2125 AGENOA DATE: November 29, 2000 TO: Mr. Fred Reisehl Planner 2800 No. Horseshoe Drive Naples, FL FROM: Dennis IC and Karen IC Johnson 611-110t~ Ave. No. Lots 44,45,46,47 - 111 t~ Ave. No. Hearing to he held December 7, 2000 - 8:30 A.M. We received a letter from you requesting a variance to build homes with a zero variance between properties. We believe this would not be acceptable. There are high-line poles and power lines behind our property. If there are zero set backs, whose property will workers go through to fix power lines. Set backs were established in Naples Park as well as other areas of Naples for a reason. I believe contractors should comply with these rules. The lots in Naples Park are already so small it gives very little room for yard or other structures the owners like to have. We are not able to attend this meeting, so.I hope you will share our thoughts with the committee and deny this variance to the builder. Thank you ~or your help in this matter. '7 JAN O 9 2001 DEC 0 5 2o0o RECEIVED JAN 8 9 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 25, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHERFAS, 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 variance of 7.5 feet from the required side yard of 7.5 feet to 0 feet along the east side yard of Lots 44, 45 and 46; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required rear yard of 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls as shown on the attached plot plan, Exhibit "A", in an RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-25 flied by Joseph Sabatino, with respect to the property hereinafter described as: Lots 44, 45, 46 & 47, Block 80, Naples Park Unit 6 as recorded in Plat Book 3, Page 15 of the Official Records of Collier County, Florida. be and the same hereby is approved for a variance of 7.5 feet from the required side yard of 7.5 feet to 0 feet along the east side yard of Lots 44, 45 and 46; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required rear yard of 10 feet to 0 feet for No...~.~ ! JAN o 9 ?ool accessory structures along the rear lot lines and within the courtyard walls as shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning District wherein said property is located, subject to the foliowing conditions: 1. This variance is for the encroachment shown in Exhibit A only. Any other encroachment shall require a separate variance. 2. The petitioner shall submit a Site Development Plan for review and approval, prior to any building activity on site. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-25 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAIRMAN, BOARD OF COUNTY COMMISSIONERS Approved as to Form and Legal Sufficiency: Marjorie'M. Student Assistant Count)' Attorney G:/V-2000-25 tcw/FR -2- AGENDA ITEM JAN o 9 2001 EXHIBIT "A" JAN 0 § 2001 EXECUTIVE SUMMARY V-2000-23, TOM MASTERS, P.E., REPRESENTING VINEYARDS DEVELOPMENT CORPORATION, REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.34 FEET FROM THE REQUIRED 5-FOOT REAR YARD SETBACK TO 3.66 FEET FOR PROPERTY LOCATED AT 1006 FOUNTAIN RUN, FURTHER DESCRIBED AS LOT 112, FOUNTAINHEAD, IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in single family development. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The petitioner requests a 1.35-foot after-the-fact variance from the required 5-foot rear yard setback for accessory structures to 3.65 feet to allow a screened pool enclosure to remain on a single family lot. The petitioner wishes to receive a Certificate of Occupancy for a screen enclosure. A construction error resulted in the screen enclosure encroaching 1.35 feet into the rear yard setback. The encroachment is adjacent to a water management lake, not directly abutting another home. The screen encroaches along a short distance (approximately 4 feet) near the center of the lot, over 20 feet from each property line. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its December 7, 2000 meeting. Stating that there appeared to be ameliorating factors, the CCPC voted 5 to 1 (Commissioner Saadeh recused himself and Commissioner Rautio voted against the motion because there is no land-related hardship) to forward petition V-2000-23 to the BZA with a recommendation of approval. A letter of no objection from the Vineyards Community Association was received. JAN 0 9 2001 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: The encroachment is ameliorated by a water management lake and the screen encroaches for a short distance near the center of the lot. However, the encroachment appears to be a construction error with no land-related hardship. Therefore, Planning Services staff was constrained from recommending approval and recommended that the CCPC forward Petition V-2000-23 to the BZA with a recommendation for denial. 2 JAN 0 9 2001 PREPARED BY: FILED I~EISCHL, AICP PRINCIPAL PLANNER RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE R B~RI~ AI--CP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOHi~ M. DUNNUCK, DATE INTI~RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-23 3 AGENDA I.'I~ JAN O 9 2001 Pig,_ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 13, 2000 SUBJECT: PETITION V-2000-23 AGENT/APPLICANT: OWNER: Vineyards Development Corp. 98 Vineyards Boulevard Naples, FL 34119 REQUESTED ACTION: The petitioner requests a 1.35-foot after-the-fact variance from the required 5-foot rear yard setback for accessory structures to 3.65 feet to allow a screened pool enclosure to remain on a single family lot. GEOGRAPHIC LOCATION: The subject property is located at 1006 Fountain Run, also described as Lot 112, Fountainhead subdivision, in the Vineyards PUD. 2001 2001 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to receive a Certificate of Occupancy for a screen enclosure. A construction error resulted in the screen enclosure encroaching 1.35 feet into the rear yard setback. Building permit 2000060591 was issued to Nassau Pools Construction Inc. (also the subject of Petition V-00-21) and building permit 2000080459 was issued to Anderson screen & vinyl, Inc. SURROUNDING LAND USE AND ZONING: Subject: Single family home; zoned PUD Surrounding: North - East - South - West - Single family lot; zoned PUD Fountain Run ROW Single family home; zoned PUD Tract L (drainage easement lake) HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are'general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? JAN 0 oj 2001 Pg. ~:) No. The screen enclosure was designed to meet the required setbacks. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The Building Department approved a plan indicating that the rear yard setback was five feet. The encroachment is the result of a construction error. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The pool can be reconfigured to fit on the lot. This, however, would create a financial hardship for the property owner. 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. The existing house is a reasonable use of the land. However, the requested variance will be the minimum required to obtain a Certificate of Occupancy for the pool and enclosure, 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 Vineyards PUD. f. 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. However, the variance request is for a screened patio only, therefore the encroachment would still allow light and air circulation. JAN o 9 2ool 3 Pg- 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 encroachment is adjacent to a water management lake, not directly abutting another home. 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. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: The encroachment is ameliorated by a water management lake. However, the encroachment appears to be a construction error with no land-related hardship. Therefore, Planning Services staff is constrained from recommending approval and recommends that the CCPC forward Petition V-2000-23 to the BZA with a recommendation for denial. 4 A~A ITEM JAN 0 9 200f FI(_E~ISCHL, AICP SENIOR PLANNER ROl~LD -1~. ~:N~,, AICP CURRENT PLANNING MANAGER I~B RT~CP PLANNING SERVICES DIRECTOR I!.1~.oo DATE DATE DATE APPROVED BY: JOON M. DUNNUCK III INTERIM COMMUNITY ADMINISTRATOR DEVELOPMENT DATE ENVIRONMENTAL SERVICES Petition Number: V~2000-23 5 JAN o 9 2001 V-2000-23 There has been a change in ownership since the application was received. The current owner is: William Easton Margarita Bailey 1006 Fountain Run Naples, FL 34119 JAN 0 ~ 2001 Administrative Variances issued to Nassau Pools Construction, Inc. for 1999 and 2000 AV-00-07 AV-00-42 AV-00--43 AV-00-44 a 0.4-foot variance to 7.1 feet a 0.3-foot vadance to 4.7 feet a 0.1-foot variance to 7.4 feet a 0.1-foot variance to 7,4 feet JAN o 9 2ooi Vir irds August 22, 2000 Board of County Commissioners Collier County Courthouse Complex 3301 Tamiami Trail East Naples FL 33962 Re: Foutainhead, Lot 112 Variance Dear Commissioners: The Vineyards Community Association and the Foutainhead Homeowner's Association have no objection to the granting of a variance to reduce the rear accessory setback from 5' to 3.65' for the above mentioned lot. Please call me if you have any questions. Sincerely, Thomas Masters, P.E. Vice Chairman Vineyards Architectural Review Board 98 Vineyards Boulevard Naples, Florida 33999 (813) 353-1551 · Fax: (813) 455-5057 AGF...NOA rrF. M JAN 0 9 2001 .0~/01~00 12:~2 FAX 9~164~696~ COLLIER CO CO~IIUNITi u~ ~= VARIANCE PETITION (VARIANCE FROM SETBACK (S) KEQU1KED FOR A PARTICULA~ ~ Petition No. v 00-23 Commission District: Date Petition Received: Planner AssignS: ABOVE TO BE COMP'L~TED BY ST.4~'F GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: VINEYARDS DEVELOPHEI~ CORP. ,98 VINEYARDS BOULEVARD NAPLES, FL 34119 Telephone: 353-1551 Agent's Name: Agent's Address: Telephone: COLLIER COUNTY CO~ DEVELOPMENT PLANNI~G SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941)643-6968 Application for Variance Petition - 8/9~ Pa~e 1 Ar~^ ~ '-~j~ 08/01/00 12:52 FAX 9416436968 COLLIER CO C01[h'UNI~ DE¥ ~005 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Foden HOHE~ ASSOCIATION Mailing Address I00 Vll~I~A~S BOUL~ARD City II~PLES State FL,,. Zip34119 Name of Homeowner Association: Matling Address City State _ Zip, Name of Homeowner Association: Mailing Address City S~ate ~ Zip , Name of Master A~sociatlon: VINEYARDS CONNUNITY ASSOCIATION Mailing Address lOO Vll~-~ARDS BOII~VARD City lta_PLES State FL , Zip 34119 Name of Civic Association: Mailing Address City S~a~e _, Zip PROPERTY DESCRIPTION; Legal Description of Subject Property: Subdivision: FOUNTAINHF~D Section Unit Twp. 49s Range 26E Lot(s) 112 Blcck(s) Prop~l'tyI.D.# 33160003189 Metes & Bounds Description: AppUeatton for Variance Petition - 8/98 P~ 2 of ITEM -- JAN o 9 2001 _05/01/00 12:52 FA~ 9416436968 COLLIER CO C0~NITY DE¥ ~006 Address of Subject Property: (If differcut from Petitioner's acidteas) Current Zoning and Land use of Subject Parcel: P, ESIDES'r~A~. SINGLE F.ANILY (RSF) Adjacent Zoning & Land Use: N RSF S RSF W RSF E P, sF Minimum Yard Requirements for Subject Property: Front: 15 ' Comer Lot: Yes [] No [] Side: o/5' Waterfront Lot: Yes [] No [] ~e. ar: 15' (5' Accessory) Application for Variance Petition - 8/98 P~ge 3 of 8 '08/01/00 12:53 FAX 9415438968 COLLIER CO CO~qJNITY DE¥ ~oo? Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of eacroachmcnt proposed using numbers, i.e. reduce front setback from 25' to I8'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encrom~hment came to be; etc. Reduce rear setback from 5' to 3.65' for accessory, structure. Pool contractor diviated from plan and accidently exceeded rear setback. This encroachment vas not found until final sury.~y of house and pool. This encroachment vii1 not affect neighbors as rear of property abuts a lake. Applic~t/on for Variance Petition - 8/98 Page 4 of: 08/01/00 12:53 FAI 9416436968 COLLIER CO COKIiUNITY DE¥ ~ Pleasc nole that staff and the Collier County Planning Commission shall be ~mided in thei~ r.-co,.-1..~cndation to the Board of zoning Appeals, and that the Board of zoni~ appeals ,h,11 be suided in its detmm~in~tion to approve or de, n¥ a variance portion by the below listed criteria (I-8). (Please ~_~firess ~ criteria using additional pages if necessary.) Arc thcrc Sl~'ial conditions and ci~m~tances existing which a~e peculiar to the localion, size and charac~hsti¢s o£ ~ land, stmcmrc, or building involved. No A~c there special conditions and circumstances which do not re.mir from tbe action of tee applicant such as prc-exislinS conditions relative to the property which is the subject of the variance requesL Will a literal interpretation of the provisions of this zoning code work urm~cessary and ~mdue hardship on the applicant or create practical difficulties on the applicant. Financial hardship would result if the pol and screen enclosure had to be demolished or reconstructed to meet setbacks. o Will the variance, figranted, be the rain/mum variance that will make possible the reasonable use of the land, building or smictu~ and which pmm~e standards of hcalth, safety or welfare. Yes. As shown in survey, only the corner of the pool deck encroaches. Application for Vartaslce Petition - 8/98 Page rs.JAN 0 9 2001 08/01/00 12:53 Will ~randn$ the varianc~ reqtmsted confer on the p~itio~er a~ay special privilege that is denied by these zoning r¢!~laHons to other lands, buildings, or sirucntr~s in the same zoning dialri,:t. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injuriou.s to the neighborhood, or otherwise dehlmeui~l to the public welfare. A~e ther~ natural congitions or physically induced conditions that amelioral~ the goals aud objectives of the rcgulation such as natural preserves, lakes, ~olf course, etc. Will granting the variance be consistent with the g~owth management pl~ yes Appiicntion for Variance Petition - 8/98 P~ 6 ol JAN 0 9 2001 8 VARIANCE PETITION APPLICATION SUBMITI'AL CHF~CKLIST THIS COMPLETED CI4F. CKLIST IS TO BE SUBMITtED WITH APPLICATION PACKET; REQ'uiR MENTs ".#or .... COPIES RE. Q~D 1. ' CompletedLAppli~:~tion ·1 2. Completed O~mer/Agen~ Affidavit, Notarized.... 3. Pre-apl~licati'on notes/minutes15 4~ Sur~ey ofp~'operty, showing the encroachment'" ~" (measured ,in feet) 5. Site Plan depicting th'~ foHo~{ng:15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing . d) Required setbacks & proposed setbacks 6. Location map depigting major s~re~ts i~ area'ior i' reference 7. Application fee ~nd Data Conversion ~'ee,' checks ~aaH- be made payab!e to. Co!Her Cou.nty .Bo.ard of Commissioners 8. Other Requirements- " '~ '" As the authorizexl agent/applicant for tl~ petition, I attest that all of the information indicated on enls checklist included in t~ submittal package. I understand that failure to include all necessary submktal informaticaa may result in the delay of processing of tl~ petition. Applicant/Agent Signature Date Application for Variance Petition ~ 8/98 Page 7 JAN09 2001 ! 05/01/00 12:54 FAX 941643696& COLLIER CO CO~lbhlfI D~ ~ut~ We/I, ~/~e. tw,ww.~a b,a u~/'o/a,,e.~. Cw~..,.,beingfirst duly sworn, depose and say that we/! am/are the o~ners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applicalion, 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/7 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. Pubtic hearings will not be advertised until this application L~ deemed complete, and all required information has been submitted. As property owner ~Zell further authorize ~ ~, £ 4'~ ~"~' ~. ~/~. . as our/my representative in any matters regarding this Petition. to act c~Signatu~e ~-f Prop~q~ Owne~. ' - ~ Signature of Property O~ner Typed or Printed ~Vame of O~ner ed or Printed Name of Owner The foregoing instrument was acknowledged before me this 21st day of_.. August ~ 2.___0,00yHichel Saadeh who ispersonally known to me or ha~produced n/a as identification. Application for Variance Petition - 8/98 /(Signature of Notary Public - State of~ Florida) Sandra A. ~/alsh (t~'nt, Type, or Stamp Commissio Name of Notary Public) Pa~,~ 8 of 8 ed AC, E~D~,' ~TEM JAN 0 9 200l RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 23, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER 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 enfome 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 1.34 -foot after-the-fact variance from the required 5-foot rear yard setback to 3.66 feet as shown on the attached plot plan, Exhibit "A", in a "PUD" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-23 filed by Vineyards Development Corp, with respect to the property hereinafter described as: Lot 112 of the Fountainhead Subdivision as recorded in Plat Book 24, Pages 22 through 24 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 1.34-foot variance from the required 5-foot rear yard setback to 3.66 feet as shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning District wherein said property 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. 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. AGENDA ITEM JAN o 9 2OOl BE IT RESOLVED that this Resolution relating to Petition Number V-2000-23 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAIRMAN, BOARD OF COUNTY COMMISSIONERS Approved as to Form and Legal Sufficiency: MarjorieiM. Student Assistant County Attorney G:/'V-2000-23/FR/cw -2- AGENDA ITEM NO. ~ JAN 0 9 2001 ~8 Exhibit "~" AGE]4DA ITFJ,( JAN 0 oj 2ooi EXECUTIVE SUMMARY V-2000-21, CHRIS ALLEN REQUESTING A 7.5-FOOT SIDE YARD AFTER-THE- FACT VARIANCE FROM THE REQUIRED 30 FEET TO 22.5 FEET FOR PROPERTY LOCATED AT 555 HICKORY ROAD, FURTHER DESCRIBED AS LOT 21, BLOCK Y, PINE RIDGE EXTENSION. OBJECTIVE: That the community's interests are maintained in single family development. CONSIDERATIONS: There is no land-related hardship related to this variance. The petitioner requests a 7.5-foot after-the-fact variance from the required 30-foot side yard setback for accessory structures to 22.5 feet to allow a screened pool enclosure to remain on a single family lot. The petitioner wishes to receive a Certificate of Occupancy for a screen enclosure. A building permit for a pool was issued in 1999 but did not receive a Certificate of Occupancy. A building permit was issued for a screen enclosure in May of 2000. The spot survey for that permit indicated the encroachment. The plans submitted with the building permit indicated a side yard setback of 30 feet 4 ¥2 inches. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its December 7, 2000 meeting. Stating that there appeared to be confusion on the site plans, the CCPC voted 7 to 0 (Commissioner Saadeh recused himself) to forward petition V-2000-21 to the BZA with a recommendation of approval. A phofie call of no objection from the adjacent neighbor was received. JAN 0 9 2001 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: The encroachment appears to be a construction error with no land related hardship. Therefore, Planning Services staff recommended that the CCPC forward Petition V-2000-21 to the BZA with a recommendation for denial. 2 JAN 0 9 2001 PREPARED BY: FRED~ ~RF_~SCHL, AICP PRINCIPAL PLANNER RE~EWE!~BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER /2. y. ~ DATE DATE R HERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOHN M. DUNNUCK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-21 3 JAN 0 g 2001 MEMORANDUM TO: COLLIER COUNTY PLANN1NG COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 13, 2000 SUBJECT: PETITION V-2000-21 AGENT/APPLICANT: OWNER: Chris Allen 555 Hickory Road Naples, FL 34108 REQUESTED ACTION: The petitioner requests a 7.5-foot after-the-fact variance from the required 30-foot side yard setback for accessory structures to 22.5 feet to allow a screened pool enclosure to remain on a single family lot. GEOGRAPHIC LOCATION: The subject property is located at 555 Hickory Road, also described as Lot 21, Block Y, Pine Ridge Extension. JAN o 9 2ooi PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to receive a Certificate of Occupancy for a screen enclosure. A building permit for a pool was issued in 1999 (1999110893 issued to Nassau Pools Construction, Inc., also the subject of Petition V-00-23) but did not receive a Certificate of Occupancy. A building permit (2000052350 issued to Kevin Crain Aluminum & Concrete) was issued for a screen enclosure in May. The spot survey for that permit indicated the encroachment. The plans submitted with the building permit indicated a side yard setback of 30 feet 4 1/2 inches. SURROUNDING LAND USE AND ZONING: Subject: Single family home; zoned RSF-1 Surrounding: North - East - South - West - Single family home; zoned RSF-1 Hickory Road ROW Single family home; zoned RSF-1 Single family home; zoned RSF-1 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. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar location, size and characteristics of the land, structure or building involve¢ 2 to the JAN o 9 2OOl No. The screen enclosure could have been designed to meet the required setbacks. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The Building Department approved a plan indicating that the side yard setback was 30 feet 4 ~2 inches. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The pool can be reconfigured to fit on the lot. This, however, would create a financial hardship for the property owner. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the !and, building or structure and which promote standards of health, safety and welfare? No. The existing house is a reasonable use of the land. However, the requested variance will be the minimum required to obtain a Certificate of Occupancy for the pool and enclosure, 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 side yard than that which would be permitted for a similar lot in the RSF-1 district. f. 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. However, the variance request is for a screened patio only, therefore the encroachment would still allow light and air circulation. ' A~NOA 3 JAN 0 9 2001 ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. However, the requested 22-foot setback, in combination with adjacent property's required 30-foot setback, allows circulation of light and air. 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. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: The plan submitted with the building permit indicates a side setback of more than the required 30 feet. The encroachment appears to be a construction error with no land related hardship. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000-21 to the BZA with a recommendation for denial. 4 JAN 0 9 2001 PRETAR~ BY: F~L, AI~P SENIOR PLANNER RO Z 'f. CURRENT PLANNING MANAGER R(SBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: JOH~M-./~U~ INTI~gUM COMMUNITY ADMINISTRATOR DEVELOPMENT & /l--Z2 ---~ ~ DATE ENVIRONMENTAL SERVICES Petition Number: V-2000-21 Collier C~/~~~g Commission: 5 JAN 0 9 2001 Administrative Variances issued to Nassau Pools Construction, Inc. for 1999 and 2000 AV-00-07 AV-00-42 AV-00-43 AV-00-44 a 0.4-foot variance to 7.1 feet a 0.3-foot variance to 4.7 feet a 0.1-foot variance to 7.4 feet a 0.1-foot variance to 7.4 feet 30'-4~- 3~'-11iI~° 08/01/00 12:52 FAI 9416436968 COLLIER CO COiLtIUNIT~ DE~ ~UU4 VARIANCE PETITION (VARIANCE FROM SETBACK (S) KEQUIRED FOR A PAKTICULAK Z(i[N~I~ ..TI~I~'~,' '; ~ Petition No. v,' ¥00 Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE CO1V[PI~TED BY STAFF GENERAL INFORMATION~ Petitioner's Name: Petitioner's Address: CHRIS 555 HICKORY ROAD, NAPES, FL 34108 Telephone: 566-1661 Agent's Name: Agent's Address: Xq/A Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Pa~e I of 8 JAN 0 9 2001 0B/01/00 12:52 FAX 9416436968 COLLIER CO COMMUNITY DEV ~005 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mafiing Address City State _ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City S~e ~ Zip Name of Civic Association: Mailing Address City State ___ Zip PROPERTY DESCRIPT[ON; Legal Description of Subject Property: Subdivision: Pine Ridge Extension Unit Section 34 Twp. 48S Range 25E Lot(s),. 21 Block(s) Y Property I.D. #67291480003 Metes & Bounds Description: AppLication for Variance Petition - 8/98 P~_g~ 2 of l JAN 0 9 2001 08/01/00 12:52 FAX 9416436968 COLLIER C0 C0~/UNI~ DE¥ ~006 Address of Subject Property: (If cLLffer~t fxom Petitioner's address) Current Zoning and Land use of Subject Parcel: Single Family Adjacent Zoning & Land Use: N SF s SF W SF Residential Residential Residential Residential Minimum Yard Requirements for Subject Property: Front: 50' Comer Lot: Side: 3o' Waterfront Lot: 50' No ~o [] JAN 0 9 2001 Pnge Z or pg. //d~/'. ,, Application for Variance Petition = 8/98 · 08/01V00 12:53 FA~ 9416436968 COLLIER CO COM~NITY DEV ~007 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment pwposed using n~_~mbcrs, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The requested encroachment was approved at the time of receiving the building permit. The o~mer was not aware of the set-back requirement and proceeded according to the approved plans. At this point it is necessary to request a variance to reduce the side set-back from 307 to 22.5' and the rear set-back from ~0~ Reduced set-backs are requested for accessory structures only. to 24'. Application for Vari~nc~ Petition - 8/~8 P~ge 4 of JAN o g 20Ol 08/01/00 12:53 FAX 9416436968 COLLIER CO CO~'UNITY DEV ~008 Please note that staff and the Collier County Planning Commission shall bc guided in their r:cor~-,~ocndation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petriion by the below listed criteria (1-8). (Please address figs c~itexia using additional pages if necessary.) Are them special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or bufid/ng involved. Ovner has resided at current location for ! ~ years. Are there special conditions and circumstances which do not re.suit from the action of tke applicant such as prc-exisfing conditions relative to the propcrt-y which/s the subject of the varia:~ce request. No Will a literal interpr~tion of the provhions of~is zone§ code work unnecessary and ~mdue hardship on the applEant or create prac~cal difficulties on ~he applicant. Construction has begun based on site plan approved in buildin§ permit. Chan§ing plans nov will create financial hardship. Will the variance, if grante~ be the mininmm var/a~cc that will make possible the reasonable use of the land, building or struc'u~ and which promote standards of health, safety or welfare. ~es Appli~fion for Variance Petition P~ge 5 o! JAN 0 9 206l Will grantin~ the varian¢~ requested confer on th~ petitioner any special privilege that i~ denied by these zonin~ r~gulations ~o other lands, buildings, or structure~ in ~he same zoning di~tri,~ No Will granting the variance be in harmony with th~ i~:ent and purpose of this zoninE code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare.. A~re there natural conditions or physically induced conditions that amelioraiz the goals a~d objectives of the regulation such as natural preserves, lakes, golf course, etc. No 8. Will granting the variance be consistent with the growth rr~agement plan_ Application for Variance Petition - 8/98 Ill I JAN 0 9 200i VARIANCE PETITION APPLICATION SUBMITPAL C~CKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS .... # o F L COPIES REQUIRED 1. "Completed Appli~ati0n ' 15 2. Completed Owner/Agent Attid':~vi~, Notarized 1 3. Pre-applic'~ti~n 'not~s/minuted ............... 1'"5 4. 'Survey O~l~roperty, sho~g the encroachment "1 (measured in feet) 5. Site"Pla;; depicting the following: ' "15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) e) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location 'mai~ depicting major st'feets in area for.....1 ....... reference 7. Application fee and Data ConversionFee, Cheeks shall ....... .. .. be made payable to Co!Her ,,County Board of Commissioners 8. Other R~qui~'ements - . " ' As the authoriz~l agent/applicant for this petition, I attest that all of the information indicated on thi_s checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Ag/~t Signature Date Application for Variance Petition - 8/98 Page 7 of 8 AaO~A JAN 0 9 2001 We/1, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applicalion. including the disclosure of interest information, aH 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. FFe/I understan~ that the information requested on this application mt~l be complete and accurate and that the content of thLv form, whether computer generated or County printed shah not be altered. Public hearings will not be advertised until this application L~ deemed complete, and all required information has been submittec~ As property owner We/I further authorize as our/my representatiye in any matters regarding this Petition. to act Signature of Proffe~ Owner Typed or Pri/~ted tOame of Owne~ Signature of Property O~ner Typed or Printed Name of Owner The foregoing instrument was ack~t. owledged before me this .ff #~ day of..~ ~9.~°. by t~./Tt/~/3'?"o~,6 ~_~/~ ~ [ /~_d ~ho is-personally kno"-~ ~o me or ha~ pr[~duced o''' ' ~{//r.4~ as identification. (Print, Type, or Stamp Cgmmissioned Name of Notary Public) Application for Variance Petition - 8198 Pa~e 8 of 8 I JAN 0 9 2001 n. RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 21, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development ~ode (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 7.5-foot after-the-fact variance from the required side yard setback of 30 feet to 22.5 feet as shown on the attached plot plan, Exhibit "A", in an RSF-1 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-21 filed by Chris Allen, with respect to the property hereinafter described as: Lot 21, Block Y, Pine Ridge Extension as recorded in Plat Book 3, Page 51A of the Public Records of Collier County, Florida be and the same hereby is approved for a 7.5-foot after-the-fact variance from the required side yard setback of 30 feet to 22.5 feet as shown on the attached plot plan, Exhibit "A", of the RSF-1 Zoning District wherein said property 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. JAN 0 9 2001 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 et 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-2000-21 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ., 2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAIRMAN, BOARD OF COUNTY COMMISSIONERS Approved as to Form and Legal Sufficiency: Marjorie.M. Student Assistant County Attorney g/admin/V-2000-21 /FR/im -2- AGENDA ITEM NO. 15 JAN 0 9 2001 Exhibit "A" o 9 2OOl P~,.~ EXECUTIVE SUMMARY V-2000-30, SCHENKEL & SHULTZ, INC., REPRESENTING THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, REQUESTING A VARIANCE FROM THE 35-FOOT MAXIMUM BUILDING HEIGHT RESTRICTION FOR PRINCIP~ STRUCTURES IN RSF-3 ZONING DISTRICT TO 5 STORIES, NOT TO EXCEED 80 FEET FOR PROPERTY LOCATED ON COUGAR DRIVE, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in a School Board development project. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The petitioner requests a 45-foot variance from the required 35-foot maximum height for principal structures to 5 stories or a maximum of 80 feet, to allow construction of an Administration Center as approved by the School Board. The petitioner wishes to construct a 5-story building with a maximum height of 80 feet. The proposed building will be buffered from most property lines. In addition, the petitioner states that the proposed 5-story building will result in a substantial saving of construction costs (since the School Board is a public entity, construction costs are eventually paid by tax dollars) as compared with a 3 story building. The Enviromnental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its December 7, 2000 meeting. Stating that there was no land-related hardship and that the smaller footprint would allow a greater intensification of the site than there would be if a 35-foot tall building were constructed, the CCPC voted 7 to 0 to forward petition V-2000-30 to the BZA with a recommendation of denial. JAN 0 9 2001 Six phone calls and two letters of objection were received and neighbors from the Tall Pines neighborhood spoke in opposition. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: The subject height encroachment is for a 5-story building with a smaller building footprint than the same square footage of building with a height of 35 feet. There are buffers between the proposed building and adjacent property. In addition, the petitioner claims that the 5-story design will save Collier County taxpayers approximately 1.5 million dollars. However, there is no land related hardship, therefore staff was constrained from recommending approval. Therefore, Planning Services staff recommended that the CCPC forward Petition V-2000-30 to the BZA with a recommendation of denial. 2 JAN 0 9 2001 PREPARED BY: PRINCIPAL PLANNER Rt~ ~.~~O, AICP CURRENT PLANNING MANAGER /o7.7. oo DATE DATE OBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JQHN M. DUNNUCK, In DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-30 3 JAN 0 9 200f MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 3, 2000 SUBJECT: PETITION V-2000-30 AGENT/APPLICANT: OWNER: AGENT: District School Board of Collier County 3710 Estey Avenue Naples, FL 34104 Schenkel Shultz, Inc. 8250 College Parkway, Suite 203 Fort Myers, FL 33919 REQUESTED ACTION: The petitioner requests a 45-foot variance fi'om the required 35-foot maximum height for principal structures to 5 stories or a maximum of 80 feet, to allow construction of an Administration Center as approved by the School Board. GEOGRAPHIC LOCATION: The subject property is located on School Board property in the vicinity of Barton ':~ollier High School. ] ~,'r~... ~ ] o 2ool PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a 5-story building with a maximum height of 80 feet. The petitioner claims that the advantages of a taller building over a building with a lower profile (35 feet in height) are: a. Increased security. The area of the building open to the public will be confined to the first floor. Exterior access points will be limited. b. Increased staff efficiency by minimizing internal circulation. c. A smaller building footprint will permit additional buildings in the future. d. A savings to the taxpayers of approximately 1.5 million dollars. SURROUNDING LAND USE AND ZONING: Subject: Undeveloped land; zoned RSF-3 ' The proposed building is over 500 feet from the north and east property lines, over 1000 feet from the west property line, and over 1900 feet from the south property line. There is a lake between the proposed building and the north property line. A preserve area with retained native vegetation will be between the proposed lzuilding and the east property line. The preserve area ~so buffers the building from the Cypress Glen property to the south. To the west, between the proposed building and the Tall Pines subdivision are the. existing transportation maintenance area and Barron Collier. High School. Surrounding: North - East - South - West - FountainView Apartments; zoned RMF-12 ~md agricultural land; zoned A Community School of Naples; zoned CF ~nd agricultural land; zoned A Summerwind Apartments; zoned PUD; '.4arron Collier entrance road and preserve; zoned A; and Cypress Glen condominiums; zoned PUD Tall Pines subdivision; zoned RSF-3 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an ar,:a of historical and archaeological probability as referenced on the official Coqier Cm:n:v P: 4~,,~tbility Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver ~s not rcqt: JAN 0 B 2001 EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board-of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. There is adequate land to construct the same square footage in a building with a maximum height of 35 feet. 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. There is adequate land to construct the same square footage in a building with a maximum height of 35 feet. Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is adequate land to construct the same square footage in a building with a maximum height of 35 feet. 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? 3 AGENOA ITEM JAN 0 9 2001 No. An Administration Center with a height of 35 feet would be a reasonable use of the land. However, the requested variance will be the minimum required to construct the building as desired by the School Board. 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 building taller than the maximum required in the RSF-3 zoning district. f. 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? Yes, this variance will allow the construction of a building that is taller than others within the district, however, the proposed building is located within the center of the property, far from neighbors. The proposed building will be buffered from most property lines, will provide more public space for the Administration Center and will therefore not be injurious to the neighborhood. In addition, the proposed 5-story building will result in a substantial saving of tax dollars, and will therefore be beneficial to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The proposed Administration Center will be centrally located on the property. There is a lake between the proposed building and the north property line. A preserve area with retained native vegetation will be between the proposed building and the east property line. The preserve area also buffers the building from the Cypress Glen property to the south. To the west, between the proposed building and the Tall Pines subdivision are the existing transportation maintenance area and Barron Collier High School. ho 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. JAN 0 9 2001 EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: The subject height encroachment is for a 5-story building with a smaller building footprint than the same square footage of building with a height of 35 feet. There are buffers between the proposed building and adjacent property. In addition, the petitioner claims that the 5-story design will save Collier County taxpayers approximately 1.5 million dollars. However, there is no land related hardship, therefore staff is constrained from recommending approval. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000-30 to the BZA with a recommendation of denial. PRE P.~A~, Y: ~5-NALI5 F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: INTEI~tIM COMMUNITY DEVELOPMENT ADMINISTRATOR DATE & ENVIRONMENTAL SERVICES Petition Number: V-2000-30 Collier County Planning Commission: GARY WRAGE, CHAIRMAN 5 JAN 0 9 2001 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR f~7~~i/flit Petition No. i ¥ 00' °o 0 Date Petition Received: Commission District: Planner Assigned:Frec ~Reischl ABOVE TO BE CO5: PLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: District School Board of ColLier County Petitioner's Address: 3710 Estey Avenue, Naples, Florida 34104 Telephone: (941) 593-2530 Agent's Name: Agent's Address: Schenkel ! Shultz, Inc. 8250 College Parkway, Suite 203, Fort Myers, Telephone: (941) Florida 33919 481-0200 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVI CES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page 1 of 8 ITEM JAN 0 9 2001 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Master Association: Mailing Address N/A City State ~ Zip Name of Civic Association: Mailing Address _P_R_OY_E RTY DESCRIPTION: Legal Description of Subject Properly: Subdivision: N/A Section 12 Twp. ,/498 .. Metes & Bounds Description: N/A City State ~ Zip Unit Lot (s) Range 25E Property I.D. # Block (s) Refer to the attached Property Survey Application for Variance Petition - 8/98 Page 2 of 8 ~arrJqOA ITEM JAN 0 9 2001 Address of Subject Property: (If different from Petitioner's address) T.B.D. (Refer to Property Description) Current Zoning and Land use of Subject Parcel: RSF-3 (Residential Single Family) Adjacent Zoning & Land Use: N RMF-12/A S PUD/A W RSF-3 E A/CF Multi-family/Agriculture Multi-family/Agriculture multi-family Agriculture/School Minimum Yard Requirements for Subject Property: Front: 30 ' -0" Comer Lot: Yes [] No [] Side: 7'-6" Waterfront Lot: Yes [] No [] Rear: 25 '-0" Application for Varian :e Petition - 8/98 Page 3 of 8 JAN 0 9 2001 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using number, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The Applicant requests a variance from the present 35'-0" maximum height restriction for principal structures within the RSF zoning to allow for a five ~5) story office building to accommodate administrative functions for the District School Board of Collier County. Maximum constructed height will not exceed 80'-0". The property currently houses the Barron Collier High School and District Transportation and Maintenance Operations, and has been master planned to also include a new Administrative Center, a new Elementary School and expansion of the current Transportation Facilities. Refer to the attached Site Plan for designation of all structures. The construction of a single multi-story structure has functional and financial advantages to the District, as follows: 1. Increased security control by minimizing ground level exterior surface area, and subsequent exterior openings, and also by consolidating the General Public to a single floor within the building. 2. Increased staff efficiency by minimizing the internal circulation between numerous departments by a multitude of multi-disciplined staffmmbers. 3. Maximize use of District owned property for future expansion of the current transportation facility. 4. Maximized utilization of budgeted funds through reduction of building utilities which would provide mechanical and electrical service to the building as well as telecommunication capabilities, vertical circulation components, and reduced construction surface materials and land development costs associated with an extended building footprint and increased horizontal square footage. Additional costs associated with multi-structures or a larger low-rise building are estimated to be approximately 1.5 million dollars to the taxpayer of Collier County. It is also understood that the Application and Data Conversion fees associated with this Petition may be The District waived by the County in keeping with the intern of the existing Interlocal agreement. respectfully requests consideration by the Commission in this regard. Application for Variance Petition - 8/98 JAN 0 9 2001 Page 4 o1'8 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. No. 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 zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. Refer to "Nature of Petition", Page 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. Future additions to the building, if deemed to be necessary, will be developed horizontally within the allowed building set-back areas in lieu of vertically. Application for Variance Petition - 8'98 Page 5 of JAN 0 9 2001 Will granting the variance requested confet-orrthe petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Yes; However, there currently exists similar type buildings in the area of the Petition which do exceed 35' in height. A five (5) story structure is not believed to be out of character within that particular area of the County. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. Proposed structure is a minimum distance of 350'-0" from all property lines and is separated from aajacent. properties by vegetation buffers (preserve areas), a lake and existin8 District facilities. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf com'se, etc. No. 8. Will granting the variance be consistent with the growth management plan. Yes. Application for Variance Petition - 8/98 Page 6 of JAN 0 9 2001 SCHENKELSHULTZ DE3OAR C H I T E C T U E E I-]l"ln MEETING NOTES COLLIER COUNTY ADMINISTRATIVE CENTER October 3, 2000 Commission No. 00905 Those present Dave Lesansky/Collier County Schools Bill Moore/Collier County Schools Fred Reischl/Collier County Government Marjorie Student/Collier County Government Gary Krueger/S CH EN KELSHULTZ A meeting was held at the Offices of the Collier County Community Development and Environmental Services Division, Naples, Florida on October 3, 2000 to discuss a proposed height variance for the Administrative Center. Items discussed at the meeting are as follows. Should anyone have additions, deletions or corrections to these minules please advise SCHENKELSHULTZ in writing. Items Discussed Mr. Lesansky summarized the Project as an Administrative Office Building for the School District Operations, including Board Meeting Room, at the Barron Collier High School site. A Preliminary Site Development Plan (Master Plan) was reviewed indicating a proposed Administrative Center, Elementary School and expansion of the existing Transportation Facilities. Property to the East and North of the site is currently undeveloped and privately owned. Mr. Lesansky further explained that the purpose of the meeting was to introduce the Project to the County, and to understand the process for the application of a height variance. The proposed building is to be five (5) stories; approximately 70' high. Current zoning is RSF-3 (District 2) and the maximnm height allowed is 35'-0". It was unknoxvn at the time of tlle meeting if the maximum height included equipment, equipment enclosures or parapet walls due to the residential zoning. Mr. Reisclfi provided a copy of the code requirements for RSF Zoning (copy attached). The primary purpose for the request for the variance is due to additional costs to the District, and in effect County tax'payers, in developing two individual buildings on the site to remain within the current limiting height; however, operational and security considerations are also a concern to the District. Architecture AA-C000937 S2.qo octdh 3. The process fore the Variance Application was reviewed, as follows: FL .liver,', a. Subnfittal of the Variance Petition (Application). A copy of the petition was provided by Mr. ReiscM. b Staff review. 94L4s/-o2oo c. Development of the Resolution by the Office of the Collier County Attorney. d. Public advertisement of hearings, and mailed notice to all property owners within a 300 mile radius of the proposed project. e. Public hearings of the Planning Commission and the Board of Zoning and Appeals (County ,.,.h,,,,~,,',',,,/,:.~. ..... Commission). The total time involved for the process is typically approximately four (4) months. Mr. Lesansky asked if the process would be able to be expedited due to the nature of the Project Schedule. Mr. Reischl suggested Mr. Lesansky contact the Planning Department Manager to discuss current review schedules. 5. Due to the nature of the submittal, the Engineering and Planning Services Departments would be the only departmental reviews involved in the evaluation of fids particular Petition. Tile petition submittal requirements were discussed, with a review of the Application packet and support documentation. Site Plan Drawings should specifically indicate proposed and existing buffering material and proposed landscaping. Detailed written explanations should offer descriptions as to the nature of t~ Petition, and support data to provide justification for the request. A copy of the Application packet w~ provided by Mr. Reisclfi. ~"'g~Oll)gJl~¢~q~ ~ C oilier C o S ch o~r~,~lI~'nt ef~)P~M ~'iing N°~'~ ~',1 O0 ~00 gik 00~0~.~ JAN 0 9 2001 Meeting Notes Collier County Administrative Center October 3, 2000 Page Two These notes set forth the understanding of the parties. The parties shall rely on the contents unless the writer receives written notice of specific discrepancies for the proposed revised wording within two weeks of the date of mailing or transmission of these notes. Submitted by: GFK/cfm Attaclunent cc: Those present Bob Schubring/Kraft Construction George Hermanson/Hole Montes & Assoc. Dan Tarczynski/$ C HENKELSHULTZ Tom Mayo/SCHENKELSHULTZ 00905/meeting notes GA002000'~0905 Colliex Co Schools Admm Ce~te~Dp'dvleetmg No0~'~MIg No~ 100300 gtk 00905,doc AGENDA I~ JAN 0 9 2001 6140 Cypress Hollow Way Naples, Florida 34109 November 27, 2000 Mr. Fred Reischl, AICP Senior Planner, Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Fax: (941) 643-6968 Dear Mr. Reischl: Pursuant to my recent telephone call to you in answer to your letter of November 17th advising me of the proposed variance requested by the Collier County School Board for a variance from the 35 foot maximum building height restriction to a 5 stories (max. 80 ft) building height, please be informed that as a resident and building owner within the 300 feet location, I very strongly oppose and protest the requested variance. A 50 Foot building in such a close proximity to not only my own personal residence, but that of adjoining residential and rental units impinges highly on our privacy. The 35 foot maximum height was set forth in order to retain and maintain the privacy and aesthetic living standards both for residential and commercial buildings such as the Collier County high school building. In view of the fact that the District School Board owns an extensive property area on which to build the required administrative offices, I definitely oppose the need to grant the additional 45 feet variance. Thank you for your consideration. Very truly y0~,S, (Mrs .yBrigitte W. Miller Tall Pines Lot 43 or 1812 PG 2084 JAN D 9 ?.o01 m 6110 Cypress Hollow Way Naples, FL 34109 November 21, 2000 Mr. Fred Reischl, AICP Senior Planner Collier County Gov~rment Conmatmity Developtaint and Environmental Services 2800 North Horsesh<~e Drive Naples, FL 34104 Re: Proposed height variance for principa/ structures on Cougar Drive, Section 12. Township 49 South. Range 25 East Dear Mr. Reischl: We purchased a horQe in the Tall Pines Development three years ago primarily for location and the aesthetic composition of the neighborhood. This was not a small investment on our part. By allowing a variarace in height restriction from 35 to 80 feet (thereby more than doubling the allowable height), it ~vill destroy the residential aspect of the neighborhood and negatively impact property values by having this edifice loom over every surrounding structure. While we understand the need to extend space for the Collier County Board of Education, there seems to be '" ample land to expand horizontally instead of vertically and thereby preserve the encompassing natural attractiveness 0fthe area. What is the purpose of instituting building codes and height limitations when they are so freely set aside to accommoda. te unrestricted development? We urge the Planning Commission to deny the request for variance on the height restriction. Very truly yours, Sue Howlin Charles Howlin ec JAN o 9 2o01 RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 30, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 45-foot variance from the required maximum height of 35 feet to five stories with a maximum height of 80 feet as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-30 filed by Schenkel & Shultz, Inc, representing the District School Board of Collier County, w.~ h respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 45-foot variance from the required maximum height of 35 feet to 5 stories with a maximum height of 80 feet as shown on the attached plot plan, Exhibit "A" in the RSF-3 Zoning District wherein said property is located. -3.- -- AGENDA iTEM JAN o 9 2001 BE IT RESOLVED that this Resolution relating to Petition Number V-2000-30 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAIRMAN, BOARD OF COUNTY COMMISSIONERS Approved as to Form and Legal Sufficiency: Marj orie~M. Student Assistant County Attorney G:At-2000-30/FR/cw -2- 0 0 2001 PROPERTY DESCRIPTION THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST'QUARTER LESS THE SOUTH 75.00 FEET THEREOF; AND THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER LESS THE SOUTH 75.00 FEET THEREOF; AND THE NORTH 60.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE WEST .100.00 FEET THEREOF; AND THE SOUTH 60.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LESS THE WEST '100.00 FEET THEREOF; ALL IN SECTION 12,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N. 89'53'00"W. PROPERTY AREA: 189.58 ACRES MORE OR LESS. ELEVATIONS REFER TO NATIONAL GEODETIC VERTICAL DATUM (N.G,V.D,) OF 1929. THIS SURVEY HAS BEEN PREPARED SPECIFICAbLY AND EXCLUSIVELY TO LOCATE THE BOUNDARIES OF THIS PROPERTY. TOGETHER WITH THE LOCATION OF THE LAKE ADJACENT TO THE NORTHERLY PROPERTY LINE, THE POWER POLES LOCATED IN THE VICINITY OF THE EASTERLY EXTENSION OF THE .NORTHERLY PROPERTY LINE, AND SELECTED ELEVATIONS LOCATED IN THE EASTERLY PORTION OF THIS PROPERTY AS SHOWN. IMPROVEMENTS RELATING TO BARRON COLLIER HIGH SCHOOL EXISTING ON THIS PROPERTY HAVE NOT BEEN LOCATED ON THIS SURVEY. THE PROPERTY DESCRIPTION SHOWN HEREON HAS BEEN PREPARED FROM INFORMATION PROVIDED BY CLIENT. THIS SURVEY IS NOT VALID WlTHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED TO: SCHOOL BOARD OF COLLIER COUNTY I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 8/08/00. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER 61017-6. F.A,C. HOLE, MONTES &: ASSOCIATES, INC, CERTIFICATE OF AUTHORIZATION LB //1772 BY ~-- .... Exhibit "A" # 374! 'ATE OF FLO Ag, Fr. ND A ITEI~ JAN 0 9 2001 PROPERTY DESCRIPTION THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND THE WEST HALF OF THE W~ST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LESS THE SOUTH 75.00 FEET THEREOF; AND THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER LESS THE SOUTH 75.00 FEET THEREOF; AND THE NORTH 60.00 FEET OF THE SOUTHWF_.ST QUARTER OF THE NORTHWEST QUARTER LESS THE WEST 100.00 FEET THEREOF; AND THE SOUTH 60.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LESS THE WEST 100.00 FEET THEREOF; ALL IN SECTION 12,TOWNSHIP 49 SOUTH, RANGE 2,5 EAST, COLLIER COUNTY, FLORIDA. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89'53'00"W. PROPERTY AREA: 189.58 ACRES MORE OR LESS. ELEVATIONS REFER TO NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) OF 1929. THiS SURVEY HAS BEEN PREPARED SPECIFICAbLY AND EXCLUSIVELY TO LOCATE THE BOUNDARIES OF THIS PROPERTY, TOGETHER WITH THE LOCATION OF THE LAKE ADJACENT TO THE NORTHERLY PROPERTY LINE, THE POWER POLES LOCATED IN THE VICINITY OF THE EASTERLY EXTENSION OF THE .NORTHERLY PROPERTY LINE, AND SELECTED ELEVATIONS LOCATED tN THE EASTERLY PORTION OF THIS PROPERTY AS SHOWN. IMPROVEMENTS RELATING TO BARRON COLLIER HIGH SCHOOL EXISTING ON THIS PROPERTY HAVE NOT BEEN LOCATED ON THIS SURVEY. THE PROPERTY DESCRIPTION SHOWN HEREON HAS BEEN PREPARED FROM INFORMATION PROVIDED BY CLIENT. THIS SURVEY IS NOT VALID ~THOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED TO: SCHOOL BOARD OF COLLIER COUNTY I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 8/08/00. I FURTHER CERTIFY THAI' THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURyEYING IN TI--I~_ -- AGENDA ITEk'I STATE OF FLORIDA PURSUANT TO CHAPTER 61G17-6, F.A.C. i~o.~~Z HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB //1772 BY F,-~. Exhibit "B" JAN 0 9 ZOO1 'ATE 6F FLORIDA EXECUTIVE SUMMARY ACCEPT AND APPROVE ANNUAL ADVISORY BOARD REVIEW FOR THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY OBJECTIVE: Board acceptance and approval of the Annual Advisory Board Review submitted on behalf of the Collier County Water and Wastewater Authority. CONSIDERATIONS: In accordance with Ordinance 86-41, as amended, advisory boards appointed by the Board of County Commissioners must submit an annual report every four years. Established in 1996, the Water and Wastewater Authority is required to submit its annual report by January 31,2001. Ordinance 86-41, as amended, requires the annual review to include responses to seven specific considerations stated in the review. This review allows the Board to assess whether the advisory entity continues to serve a valid public service or benefit. The attached Annual Advisory Board Review was approved by the Water and Wastewater Authority on October 24, 2000. The Authority directed staff to update the review through December 31, 2000 and transmit same to the Board of County Commissioners for acceptance and approval. FISCAL IMPACT: This action has no fiscal impact. GROWTH MANAGEMENT IMPACT: This action has no impact on Growth Management. RECOMMENDATION: Board accept and approve the Annual Advisory Board Review submitted by the Collier County Water and Wastewater Authority. SUBMITTED BY: ,,~~ Date: /2[ '2"~~70 D.E. BLEU WALLACE, DIRECTOR UTILITY AND FRANCHISE REGULATION REVIEWED BY: THZS Q. PALMER, ASSISTANT COI3~-X-TY~Y ~PROVED BY: ~~/~/- Date:/Z '~7 '~ ~ ffO~ ~. b~CK III, ~TE~M ~M~S~ F CO~~ DEVELOPME~ & E~IRO~E~ SER~CES DIVISION JAN 0 o~ 2001 / ANNUAL ADVISORY BOARD REVIEW RE: COLLIER COUNTY WATER AND WASTEWATER AUTHORITY STAFF AGENCY: Utility and Franchise Regulation Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 86-41, as amended. SUBMITTED: December 7, 2000 SUMMARY: Established in 1996, the Collier County Water and Wastewater Authority enforces the Utility Regulation Ordinance (Ordinance No. 96-6, as amended), and has approval authority of most actions related to investor-owned water and/or wastewater utilities providing service to customers in the unincorporated areas of the County and the City of Marco Island. These actions include, but are not limited to, territorial expansion of service boundaries, rate and tariff adjustments, customer disputes with servicing utilities, quality of service determinations, and limited recommendations to the Board of County Commissioners. The Authority consists of three technical members and two lay members. After serving staggered initial terms, Authority members are appointed to four year terms. Current members of the Authority include: Mr. Lowell M. Lam, Chairman Mr. Andre M. LeCrone, Vice Chairman Dr. Fay Biles Mr. Robert Bennett Mr. Gregory Smith The Authority meets monthly, on the 4th Monday of the month, at 2:00 p.m., in the Third Floor Board Meeting Room of the Turner Building. Meetings are taped and aired on Channel 54, the County's Government Access Channel. Pursuant to Ordinance No. 86-41, as amended, the annual report should consider: 1. Whether the Board is serving the purpose for which it was created. Yes. The Water and Wastewater Authority meets on a monthly basis to consider applications for a myriad of utility actions and the Utility and Franchise Regulation staff recommendations on each action. The Authority receives legal advice from an assigned Assistant County Attorney, as many actions require a quasi-judicial forum. JAN 0 9 2001 2. Whether the Board is adequately serving current community needs. Yes. The Authority serves as the regulatory arm of the Board of County Commissioners and is responsive to both customer and utility initiated actions. 3. A list of the Board's major accomplishments for the preceding twelve month period (January 2000 - December 2000): February 2000 - Participated in Ratemaking Workshop. April 2000 - Established 2000 Price Index Factor; Approved Tariff Amendment for Orangetree Utilities; Conducted Pre-hearing Conference for North Marco Utility Application for Wastewater Rate Increase Application. May 2000 - Conducted a tour of North Marco Utility wastewater collection facilities; Held a public hearing to dispose of North Marco Application for Wastewater Rate Increase Application, establishing monthly rates, miscellaneous rates, fees and charges. July 2000 - Approved Tariff Amendment for North Marco Utility Company. August 2000 - Approved Combined Rate Adjustment for Florida Water Services Corporation's Marco Shores and Marco Island systems; Acknowledged inquiry. from Isle of Capri resident George Carse regarding status of availability of sewer service on Isle of Capri which was referred to staff for research; Acted on Waterways Development complaint that Orangetree Utilities had insufficient sewer capacity to serve its development, resulting in Final Order requiring specific performance from Orangetree to haul raw sewerage to County facilities until percolation ponds were expanded to Florida Department of Environmental Protection specifications. October 2000 - Considered Orangetree's failure to provide full accounting of impact fees and directed staff to proceed with enforcement action by engaging engineering consultant to review aspects of the utility's operations, financial status, customer service and billing practices, and review of appropriateness of water and sewer connection fees. The Authority directed the utility to comply with specific reporting requirements to keep staff and the Authority apprised of the status of its sewer expansion permits and other operational issues. November 2000 - Further discussion regarding Orangetree Utilities' inability to provide sewer service to residents within its designated service territorial boundaries. Considered Interlocal Agreement between Bonita Springs Utility (Lee County), Collier County Water-Sewer District, and Long Bay Properties regarding the provision of water and sewer to Mediterra Planned Unit Development and adopted Preliminary Order 00-01, recommending Board approval of the three party agreement. JAN 0 9 2001 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No. Were the Authority not established with the far reaching powers within their purview, only the Board of County Commissioners would have sufficient authority to act on the utility actions brought or referred to the County. The Board of County Commissioners always has the prerogative to surrender jurisdiction of investor- owned water and wastewater utilities to the Florida Public Service Commission. Should the Board of County Commissioners opt to surrender jurisdiction, the affected customers of utilities would see an immediate 3% increase in water and wastewater rates to reflect the Florida Public Service Commission's 4.5% regulatory assessment fee, whereas local regulation currently assesses a 1.5% regulatory assessment fee to fund the regulatory effort. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. There is no need to amend the existing ordinance, as the enabling ordinance closely parallels Chaper 367, Florida Statutes, regarding nonexempt investor-owned water and wastewater utilities. 6. Whether the Board's membership requirements should be modified. No. In 1997, the Board of County Commissioners did modify the qualifications for appointment to the Authority, in that customers of a regulated utility would be preferred for appointment to the Authority. 7. The cost, both direct and indirect, of maintaining the Board. The Authority is supported by a staff of four, consisting of an Executive Director of the Authority, a Senior Secretary, a Senior Fiscal Analyst, and a Fiscal Analyst II. The staff receives all utility actions to be processed, analyzed, and presented to the Authority for action. The staff fields all billing inquiries, customer complaints, and monitors the adequacy and quality of service provided by regulated utilities. The staff also maintains a budget to insure that expenditures closely parallel revenues. Currently the 1.5 % regulatory assessment fee, included in each regulated utility's service rates, generates approximately $283,000 in annual revenues; some $64,000 in interest revenue is generated from Trust Fund Reserves of $1,112,600. The regulatory assessment fee is reviewed for adequacy annually during the budget process. The Utility Regulation element is fully funded by the regulatory assessment fee and does not impact the General Fund budget. JAN 0 9 2001 The annual revenues of $347,000 closely parallel projected annual expenditures of $380,100 for Fiscal Year 2001. Any shortfall of revenues will merely reduce the Trust Fund Reserves. Any funds not expended become a carry forward amount to be added to Trust Fund Reserves. A breakout of the $380,100 expenditure forecast for FY00/01 reflects Personal Services (Salaries and Benefits) of $217,800 and Operating Expenses of $162,300. No funds for capital expenditures have been budgeted for the last two fiscal years and no change in the regulatory assessment fee is anticipated for Fiscal Year 2002. JAN 0 9 2001 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION TO SAND TIGHTEN THE GORDON PASS JETTY IN ACCORDANCE WITH THE GORDON PASS INLET MANAGEMENT PLAN OBJECTIVE: To obtain approval of a Tourist Development Council Category "A" grant application to fund sand tightening ,~f the Gordon Pass jetty. CONSIDERATION: The Gordon Pass Inlet Management Plan contained several recommendations for projects designed to prevent sand from entering the inlet. The T-groin project, completed last spring, holds sand on the Naples Beach, north of the inlet. Whfie the usual direction of sand transport along the Naples Beach is to the south, wave refraction caused by the Gordon Pass ebb shoal results in a transport reversal on the north end of Key Island, such that sand is moved towards the Pass from the south. The sand-tightening project is designed to prevent that sand from being carried through void spaces in the jetty and depositing in the inlet channel. The inner portion of the jetty was sand tightened in the early 1990's. This project will continue the effort towards the outer end. The Beach Renourishment/Maintenance Committee reviewed this grant application during their April 6, 2000 meeting and approved it unanimously. The Tourist Development Council reviewed this application at their regularly scheduled meeting on April 17, 2000. A motion to approve this application was approved by a unanimous vote. FISCAL IMPACT: This request is for $325,000.00. Funds are budgeted in the Tourist Development Tax Fund (195) in FY 01. GROWTH MANAGEMENT PLAN: There is no Growth Management Plan related to this action. AGENDA ITEM No.~ JAN - 9 2001 STAFF RECOMMENDATION: It is recommended that the Board of County Commissioners: Approve the attached Tourist Development Council Category ~A~ Grant Application to Sand Tighten the Gordon Pass Jetty in Accordance with the Gordon Pass Inlet Management Plan. PREPARED BY: John C. Staiger, Ph.D., Natural Resources Mar.,ager, City of Naples. Date: December 7, 2000 TDC COORDINATOR REVIEWED BY: /)XTF/ - APPROVED BY: JOH~q M. DUNNUCK III, INTERIM ADMINISTRATOR DATE CO'UNITY DEVELOPMENT & ENVIRONMENTAL SVCS. JAN 0 9 ~001 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING SAND TIGHTENING OF THE GORDON PASS JETTY THIS AGREEMENT, is made and entered into this __ day of ., 2001, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds fi'om the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment and pass maintenance projects within Collier County: and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for sand tightening of the Gordon Pass jetty; and WHEREAS, COUNTY desires to fund the Gordon Pass jetty sand tightening project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be Three Hundred Twenty Five Thousand Dollars ($325,000). shall be paid in accordance with the fiscal procedures of COUNTY upon submittal GRANTEE .AGENDA ITEM ,f an mvmc~. ~ JAN o g 2OOl pg. ~ and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay s:'.: J funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GtL4.NTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person PERSONAL INJURY LIABILITY - $300,000 each claim per person 2 AGENpA IT~.M. JAN 0 9 2001 Pg. WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. based on industry standards. 6. INDEMNIFICATION: The The reasonableness of the expenditures shall be GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 3 AGENDA ITEM No. //'-/~ ~\ JAN o 9 2OOl All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 1 !. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 4 AGENDA ITEM JAN 0 9 2001 13. TERM: This agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and 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: Chairman WITNESSES: Printed/Typed Name GRANTEE CITY OF NAPLES BY: Bonnie M. MacKenzie SalTle Mayor Title (Corporate Seal) 5 AGENDA IT~E M \ JAN 0 9 2001 Approved as to form and Legal sufficiency: Ramiro Manalic~ ' Assistant County Attorney JCS\Wordata\Tourism Agreements\Gordon Pass sand tightening.doe A~4 TURAL RESOURCES MANA GF-.AfFJVT 755 gT~ ST-Pd~I~T $OUTI~, N. dPL~.,R, FAX NO. TO: FROM: THROUGH: SUBJECT: Board of County Commissioners, Collier County Beach Renourishment/Maintenance Committee Collier County Tourist Development council Beach Renourishment and Pass Maintenance Funding Request Recommendation The attached request for TDC Category A funding, submitted by The City of Naples, Florida~ to be used for Sand-tichteni~ the Gordon Pass j.ett~ in conformity with the Gordon Pass Inlet Management Plan; is recommended to be: ~ Approved as submitted. Approved with the following changes: Deferred ~o: Disapproved. Comments: JC$/Wor~ata/Baach Commi==ee?rDC ~unding approval form.do= Date /6/00 AGENDA ITENI . .o. JAN 0 9 2001 Pg._ ¢ Collier 'County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4610 Organization's Chief Official and Title: Bonnie R. MacKenzie, Mayor EXtqm~ A Brief Project Description: Sand tighten the Gordon Pass ietW in conformity with the Gordon Pass Inlet Management Plan. JAN o 9 2001 Collier County Tourist Dewlopment Council Grant Application ( Page 2 6. 7. 8. Estimated project start date: Estimated project duration: Total amount requested: October 1, 2000 One year $325,000 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes No X Identify the goals and objectives for the project: To sand-tighten the Gordon Pass jetty to prevent sand fxom migrating into the inlet from the Key Island Beach to the south. 10. 1I. Describe what benefits will be received from the project: The volume of sand entering Gordon Pass will be reduced by an e~mated 4,000 cubic yards per year. Describe how the effectiveness of the project will be evaluated: The prqiect will be evaluated in coraDliance with the Inlet Management Plan. 12. 13. Describe how the project enhances existing County Tourist Development programs: Gordon Pass serves the Ci.ty of Naples and all of the tourist recreation activities based in Naples Bay.. Describe how financial resources will be monitored. Finances will be managed by the City of Naples Finance Department. AGENDA ITEM JAN 0 9 2001 Collier County Tourist pevelopment Council Grant Application ~ Page 3 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement: Yes ( X ) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes ( X ) No ( ) · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes ( X ) No ( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dred~ng/management projects? Yes ( X ) No ( ) Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations projects? Yes ( X ) No ( )' · Will the proposed project contribute siguificantly to the progress of the beach restoration projects? Yes ( X ) No ( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( X ) No ( ) · Will the project improve understanding of alternative technolo~es that may contribute to a cost-effective beach restoration project? Yes ( X ) No ( ) AGENDA ITEM No. ~ ~ t JAN 0 9, 2001 Collier County Tourist Development Council Grant Application Page 4 Is there a potential for an alternative/matching funding source? Yes ( ) No ( X ) If "Yes", please identify · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes ( X ) No ( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes AGENDA ITF..M . NO- I!. f .n~ JAN 0 9 21301 Collier County Tourist I~velopment Council · Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's ~r Designee* Date: ~ ; ~ ooo *Director of Office of Capital Projects Manaclemerit authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). AGENDa, ITF..M JAN o 9 2ool Collier County Tourist De?!opment Council Grant Application ~ Page 6 PROJECT BUDGET Sand-tighten Gordon Pass jetty ......... Project engineering services, including permitting, design, contract bidding and award assistance, and construction supervision ......... Project total ......... $275,000 50,000 $325,000 AGENDAJTEJ~ No. / ,'%, JAN 0 9 2001 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION TO RENOVATE AND UPGRADE FOUR BEACH ACCESS IN THE CITY OF NAPLES OBJECTIVE: To obtain approval of a Tourist Development Council Category "A" grant application to fund renovation and upgrading of four beach access areas in the City of Naples. CONSIDERATION: Over the past three years 23 of 40 beach access areas have been renovated through a joint City of Naples/Collier County Beach Access Improvement Program. The proposed program for the fiscal year consists of renovations at three access areas on the Parks Shore beach, Horizon Way, Vedado Way, and Via Miramar, and one access south of Old Naples, at 21st Avenue South. The individual proposed improvements are detailed in the appended funding application. The common theme for all is addition of drinking fountains and landscaping, with bike racks, paver block walkways, new waste receptacles, showers, and walkover repairs added where needed. The Beach Renourishment/Management Committee reviewed this grant application during their October 5, 2000 meeting and approved it unanimously. The Tourist Development Council reviewed this application at their regularly scheduled meting on November 20, 2000. A motion was made to approve this application by a unanimous vote. FISCAL IMPACT: This request is for $50,000.00. Approval of a budget amendment is necessary for this appropriation whereby funds would be transferred from the reserves of the Tourist Development Tax Fund (195) to the appropriate project number for this obligation. GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan related to this action. AGENDA ITEM No. JAN - 9 2001 Pg.. I STAFF RECOMMENDATION: It is recommended that the Board of County Commissioners: 1. Approve the attached Tourist Development Council Category "A" Grant Application to renovate four beach access areas as needed during FY01. 2. Approve the necessary budget amendment for this obligation. PREPARED BY: John C. Staiger, Ph.D., Natural Resources Manager, City of Naples Date: October 31, 2000 'JANE E' EICHHORN TDC COORDINATOR D^T~/ REVIEWED BY: D~E / APPROVED BY: ."'t,,:~,~ -~ ~.~,,, .....i~/.~/~,. JOHN M. ~UNNUCK III, INTERIM ADMINISTRATOR DATE COMM'UNITY DEVELOPMENT & ENVIRONMENTAL SVCS. 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE RENOVATION AND UPGRADING OF FOUR BEACH ACCESS AREAS IN THE CITY OF NAPLES THIS AGREEMENT. is made and entered into this __ day of ,2001, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinat~er referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment, pass maintenance, and related projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for renovation and upgrading of four beach access areas in the City of Naples; and WHEREAS, COUNTY desires to fund the beach access renovation/upgrading project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION. IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be Fifty Thousand Dollars ($50,000). GRANTEE shal Jg, N 0 9 2001 ($216,425). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verificaQon that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payment~ are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for at~dit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that. all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-andits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insre'anco naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability I~surance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person 2 PERSONAL INJURY LIABILITY - $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. based on industry standards. 6. INDEMNIFICATION: The The reasonableness of the expenditures shall be GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 3 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the AGENDA ITEM JAN 0 9 2001 4 13. TERM: This agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and 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: Chairman WITNESSES: Printed/Typed Name co', Printed/Typed Name GRANTEE CITY OF NAPLES BY: Bonnie M. MacKenzie Name Mayor Title (Corporate Seal) 5 AG END~_ITE~ ~ JAN 0 D ZOO1 Approved as to form and Legal sufficiency: Ramiro Manalich Assistant County Attorney JCS\Wordata\2000 Lowdermilk Park Tourism Agreement.doc AGEN~ JAN 0 9 ~001 RESOLUTION NO. 00- Agenda Item Meeting of 12/06/00 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING RENOVATION AND UPGRADING OF FOUR BEACH ACCESS AREAS IN THE CITY OF NAPLES; AND PROVIDING AN EFFECTIVE DATE. The Tourist Development Council has approved the request for $50,000.00 to fund the cost of renovating and upgrading four beach access areas in the City of Naples; and It is in the best interests of the City of Naples to execute the Tourism Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1.That the Mayor and City Clerk are authorized to execute a Tourism Agreement between Collier County and the City of Naples regarding renovating and upgrading four beach access areas in the City of Naples. Section 2.This resolution shall take effect adoption. immediately upon PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 6th DAY OF DECEMBER 2000. Bonnie M. MacKenzie, Mayor Attest: Approved as to form and legality: Tara A. Norman, City Clerk Beverly Grady, City Attorney Approved as to accuracy: Manager JCS\Wordata\2000 beach access repairs Tourist Agreement resolution.doc p:\resnew\2000 beach access repairs Tourist Agreement resolution.res Jon C. Staiger, Ph.D., Natural Resources AGENDA ITEM. JAN 0 9 2001 NA TUBAL PESO UR CES'MANA GEMENT 735 8TH STREET SOUTH, NAPLES, FL 34102 942.-434-4610 Suncorn 974-4610 FAX NO. 94I..434-4620 TO: FROM: THROUGH: SUBJECT: Board of County Commissioners, Collier County Beach Renourishment/Maintenance Committee Collier County Tourist Development Council Beach Renourishment and Pass Maintenance Funding Request Recommendation The attached request for TDC Category A funding, submitted by the City of Naples, Florida to be used for renovation and upgrading beach accesses a~ Horizon Way, Vedado Way, Via Miramar, and 21s= Avenue South is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: ', ~ ) ~.~. ..-~...<__ ..... ~d.,~'.~j' Da t e James B~ennan, Chairman' JCS/Wordata/Beach Corami~tee/TDC funding approval form.doc /c/q/CO AGEND,~ ITJ~M \ JAN 0 9 700! Collier County Tourist Development Council G~ APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: EXHIBIT A Administrator Collier County Tourist Developmere Council County Administrator 330i-East Tamiami Trail Naples, FL 34112 Name and Address of Applicant Organization: Ci5~ of Naples 735 Eighth Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4610 Organization's Chief Official and Title: Bonnie MacKenzie, Mayor Brief Project Description: To renovate and upgrade beach accesses at Horizon Way, Vedado Way, Via .Miramar, and 21st Ave. S. Work includes showers and drinking fountains, pavers, bicycle racks, landscaping, etc. AGENDA ITEM JAN 0 9 2:001 Collier Coun~? Tourist Development Council Grant Application Page 2 Estimated project start date: Estimated project duration: Total amount requested: 6. 7. 8. 10. 11. 12. 13. 14. October 1, 2000 1 year $50,000 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes X No Identify the goals and objectives for the project: To improve the public amenities and appearance at four beach access points. This is the fourth year of an ongoing access improvement project. Describe what benefits will be received from the project: Better public facilities (showers, fountains, bike racks, etc.) at heavily-used public beach access points. Describe how the effectiveness of the project will be evaluated: These beach access points are already used to capacity during season. The improvements will enhance the experience of the public. Describe how the project enhances existing County Tourist Development programs: The proposed improvements and repa/rs make beach visits more pleasant and improve the image of the community in the eyes of our winter xdsitors. Describe how financial resources will be monitored. By standard City Finance Department accounfmg procedures. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (312) No ( ) AGENDA. ITI~M -- JAN 0 9 2001 Collier Count)' Tourist Development Council Grant Application Page 3 · Does the proposed expenditure fairly distribute monies to different,geographic areas of the County? Yes ( X ) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes ( X ) No ( ) · Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations projects? Yes( ) No(X) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes( ) No(X) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( ) No ( X ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( ) No ( X ) · Is there a potential for an alternative/matching funding source? Yes ( X ) No ( ) If "Yes", please identify City General Fund ~ AGENDA ITEM JAN 0 9 200I · Collier Count), Tourist Development Council Grant Application Page 4 · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? AGEN~ JAN 0 9 2001 Collier County Tourist Development Council Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behaff of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). AGENDA ITE, No. JAN 0 9 2001 /5' Collier Count, Tourist Development Council Grant Application Page 6 PROJECT BUDGET Total project estimate is $50,000.00 (See attached memorandum for task breakdown.) JAN 0 9 2001 Memo City of Naples, Florida TO: Dr. 3on $taigert Natural Resources Manager FROM: RE: Don Wirth/Community Services Director 'b. ix3 T. D.C. Request ' > Lowdermilk Park Pavilion/Concession/Restroom Facility > Beach Access Improvements - Phase IV DATE: Auqust 11, 2000 1. Lowdermilk Park Pavilion/Concession/Restroom Facility. This buildi.ng serves hundreds of lhousands of people annually. The Vast majority of the people are tourists or from the Count5.'. The building has deteriorated over time. Restrooms are ADA non- compliant, difficult to m~atain and inadequate in size. Condition, location and size of concession areas raise various health-related issues. The building requires structural up_m-aries and mechan/cal and electrical systems replaced Air. hough major renovation is required, including upgrade and extension rexrooms and concession areas, the City, Council, Communky Services Adv/so~, Board and Coquin~. Sands Propers,' O~mers Association all agree that existing structure and desi_m xvill be retained. The building will be ex-~ended to the north by approximately 400 square feet and a new walk~vay v,511 be placed atomrid the east and nortl~ sides. Recently the City Council approv~ an engineering report and building footprint submitt~ by Architectural Concepts, imc., Tl~s report included a budget estimate of $250,000 to implement. Beach Access Improvements - Phase IV is budgeted at $50,000 for four sites scheduled for improvement in 2000 - 2001. Those sites are (I) Horizon Way, (2) Vedado Way (3) Via Miramar and (4) 21~ Avenue South. The type of improvements at these sites includes: renovating walkovers, replacing benches, upgrading landscaping, placement of pavers, adding fence railing, adding showers and water fountains, adding bicycle racks, pl,'mting trees/palms and repairLng curbs. Over twen~'-three brach access 'points have been improved the past three years. Attached is a representation of each site and a list of planned upgrades. Attach: 1.) Footprint for Lowdermilk Park Pavilion/Restroom/Concession Building 2.) Beach Access Proposal CC: Kevin Ra-mbosk %: \~on\memO\$:alc~er-T.D.C. · JAN 0 9 2001 CITY OF NAPLES/COLLIER COUNTY BEACH ACCESS IMPROVEMENT' PROGRAM 2000-2001 AGENDA ITEM No. //-/.~1 "~. JAN 0 9 2001 CITY OF NAPLES/COLLIER COUNTY BEACH ACCESS IMPROVEMENT PROGRAM 2000 - 2001 The joint City of Naples/Collier County Beach Access Improvement Program funding requirements for the budget year of 2000-2001 is 5;50,000. Over the past three years, twenty-three of the forD' beach access points in the City. of Naples have been improved. The following summary targets four beach access areas, with public parking, for a variet3' of improvements. Summary of Beach Access Improvements Horizon Way Park Bike Rack Waste Receptacles Benches Drinking Fountain Vedado Way Park Revegetation Drinking Fountain Paver Bric -ks Walkover Renovations ' Fence Railing o Via Miramar Park Revegetation Shower/Drinking Fountain Benches Waste Receptacles Avenue South/Gordon Drive Beach Walk (800') Paver Brick Entrance Paved Walk Landscaping Shower/Drinking Fountain Bike Rack Waste Receptacles Walkover Renovations Benches AGENDA iTEM JAN 0 9 ~001 'PCl H.ORIZON WAY PARK 3801 GULF SHORE BLVD. N, BEACH ACCESS BEACH ACCESS AGENDA IT~EM~ JAN 0 9 2001 VEDADO WAY 3403 GULF SHORE BLVD. N. BEACH WALKOVER BEACH ACCESS AGENDA I';E IV~ No. ll,~ f/~ ~ ~ JAN 0 9 2001 VIA MIRAMAR PARK 2675 GULF SHORE BLVD. N. BEACH ACCESS BEACH END ' AGENDAJTE~ .°..~,~ JAN 0 ~) 2001 21s'r AVENUE SOUTH & GORDON DRIVE BEACH WALK ENTRANCE BEACH WALK AGE N D~.,ITF..,M ~ JAN 09 Z001 ? 21s~ AVENUE SOUTH & GORDON DRIVE BEACH WALK OVER BEACH WALK AGENDA_ITF~M JAN 0 9 2001 o~,. : '-~L//- EXECUTIVE S~Y FINAL ACCEPTANCE OF W-ATERAND SEWER UTILITY FACILITIES FOR PELICAN STRAND, TRACT 14 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Pelican Strand, Tract 14, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 2, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. B50192!, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROW"TH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. JAN o 9 20Ol Executive Summary Pelican Strand, Tract 14 Page Two ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHEOLOGICAL IMPACT: None PLA~-NING SERVICES STAFF RECOMMENDATION: None F2%C RECOMMENDATION: None CCPC RECOb~4ENDATION: None RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Pelican Strand, Tract 14, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED.BY: Engineerin~eview Services an II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date ~ ~b~//L/~~- - ~ o ert Mulhere, AICP Planning Services Department Director APPROVED BY: John ~. Dunnuck, III, Interim Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments ~_~ Date Date JAN 0 9 200l PROJECT LOCATION JAN 0 9 2001 AmSouth Bank AMSOUTI~ BANK TAMPA, FLORIDA U.~S.A. PLEASE DIRECT ALL CORRESPONDEI~rn~or~§~/r~G ADDRESS INDICATED IN TEXT BELOW) Birmingham: TELEX: 6827189 Cable: AMSOUBKBHM S.W.I.K-T. AMSB US 44 Mobile: TELEX: 6821116 ISSI;KR: AMSOU'rH BANK, TAMPA, FLORIDA (HEREINAFTER "ISSUER"Cable: AMSOMBL S.W.I.ET. AMSB US 44 t'I.ACF AND DATE OF ISSUE: TAMPA, FLORIDA SEPTEMBER 21, 1999 PLACE OF EXPIRY: AT ISSUER'S COUNTERS [)ATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL SEPTEMBER 17, 2000 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SI~CCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY DATE OF ITS ISSUE L!NI.ESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAlL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS ¢'RFDIT. BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 33962 APPLICANT: JACK PARKER SOUTHEAST CONSTRUCTION INC. (HEREINAFTER "APPLICANT") 9400 GLADIOLUS DRIVE, SUITE 250 FORT MYERS, FL 33908 ,MOUNT: $36,939.60 (U.S.) UP TO AN AGGREGATE THEREOF CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT [)RAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PIJRPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "JACK PARKER SOUTHEAST CONSTRUCTION INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE WATER AND SEWER IMPROVEMENTS AS SHOWN ON THE PLANS FOR PELICAN STRAND TRACT 14, OR A FINAL INSPECTION $.~T]$?ACTORY TO COLLIER COUNTY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 88-76, AS AMENDED, HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." [)RAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "I)RAWN UNDER AMSOUTH BANK, TAMPA, FLORIDA CREDIT NO. B501921 I~ATED SEPTEMBER 21, 1999 THE ORIGINAL LETTER OF CREDIT AND ALL ^~ENDMENTS, IF ANY MUST BE PRESENTED FOR PROPER ENDORSEMENT. Tills 1.ETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE SS[!ER*S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY ,~[:: MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DO~'UMPiNTS, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WJl[{~[l THIS LI~i'['TER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHAI,I. NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY I)()CUMEN'['. INSTRUMENT OR AGREEMLNT. ***CONTIN[lED ON NEXT PAGE*** JAN 0 9 2001 AmSouth Bank AMSOUTH BANK TAMPA, FLORIDA U.S.A. InternationalSe~lces {PI,t{ASE DIRECT ALL CORRESPONDENCE TO SERVICING ADDRESS INI~ICATED IN TEXT BELOW} Birmingham: TELEX: 6827189 Cable: AMSOUBKBHM S.W.I.ET. AMSB US 44 Mobile: TELEX: 6821116 Cable: AMSOMBL S.W.I.F71'. AMSB US 44 ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 11993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. A~,~ SOI!TH BANK VICE PRESIDENT JAN 0 9 2001 ~.. ~ EXECUTIVE SUM~R%RY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "AUTUMN WOODS UNIT ONE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with the subdivision known as "Autumn Woods Unit One" CONSIDERATIONS: On September 2, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Autumn Woods, Unit One" The roadway and drainage improvements will be maintained by the project's homeowners association; the water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The water and sewer improvements will be maintained by the County Utility Division. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budget of the Utility Division. GROWTH MANAGEMENT IMPACT: There is no growth management impact as all required impact fees have been, or will be paid at the time of development. AGE3~A ITE~ JAN o 9 2001 Executive Summary Autumn Woods Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Autumn Woods Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. ~ouldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Ro~bert Mulhere, AICP Planning Services Department Director Date APPROVED BY: ~ ~ J .:/ John M. Dun~uck III, Interim Administrator Community Der. and Environmental Svcs. Date j rh AGENDA ITEM JAN 0 9 2001 i TO CE ANY DER: A ES BY TENT R S; OF E RIC OR ON ALL SHEET TNDEX NAP P~NE RZDGE SUSDZV[S/ON THE LOCATTON HAP )INGS ~,E~A FKF..M JAN 0 9 200f RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN AUTUMN WOODS UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 22, 1997 approved the plat of Autumn Woods Unit One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Autumn Woods Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Approved as to form and legal Assistant Collier County Attorney AGEND~ ITEM No, /£," ~ r'"'- JAN o g 2001 pg. EXECUTIVE SUMMARY TOURIST DEVELOPMENT FUNDING FOR CHAMPION SPORTS PRODUCTIONS, INC. $6,000 OBJECTIVE: To bring in tourism to support and promote the local economy. CONSIDERATION: To approve a funding request for Champion Sports Productions, Inc. in the amount of $6,000 for an event that was scheduled and held on August 4-6, 2000. The event consists of a 5 sport amateur adult athletic competition in the sports of flag football, duathlon (run-bike-run), softball, 5k run and golf. Champion Sports Productions, Inc. has tracked that over 70% of the visitors for this event are from out of the county and more than 60% required overnight accommodations. The 2000 event had and economic impact of over $341,000 to Collier County. This event brought a record 679 participants to compete in flag football, a duathlon, softball, golf, and 5K. The Naples Sports Festival drew 418 participants from outside Collier County, which is 62% of the total entrants. The average participant traveled with an average of 1.24 additional people and stayed an average 1.83 days. On November 20, 2000, the Tourist Development Council reviewed an application for a Category "B" Advertising/Promotion and Special Event project regarding funding .for Champion Sports Production, Inc. in the amount of $6,000. The Tourist Development Council recommended funding by a 5-3 vote. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund (194) reserves. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management action. Plan related to this AGENDA. ITF_JVl No. JAN - 9 200t STAFF RECOMMENDATION: Staff concurs with the Tourist Development Councils recommendation to approve TDC funding for the event in the amount of $6,000. To have the Board of County Commissioners approve the above referenced agreement for the funding and authorize the Chairman to sign the budget amendment and 2001 standard Tourism Agreement for this event. PREPARED BY: JAN~ ~] EFCH~IORN TDC COORDINATOR REVIEWED BY: GREG MIHALIC HUI DIRECTOR DATE DATE APPROVED BY: JOHN M. DUNNUCK III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JAN 0 9 2001 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND CHAMPION SPORTS PRODUCTION, INC. REGARDING ADVERTISING/PROMOTION OF THE NAPLES SPORTS FESTIVAL THIS AGREEMENT, is made and entered into this __ day of ,2001, by and between the Champion Sports Production, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds fi'om the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a Sports Festival including adult flag football, adult and youth softball, duathion and 5K race scheduled for August 4-6, 2000 (the Event; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 18 2. PAYMENT: The amount to be paid under this Agreement shall be Six Thousand Dollars ($6,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. J/ N o 9 2001 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of, the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRAN'rEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditure. s described in Section 1 will be paid by COUNTY. COUNTY agrees to pay any expenditures incurred between March 1, 2000 and the expiration of this agreement. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COLrNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, 2 JAN 0 9 2001 and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABII.WY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his designee within ten days of execution of this Agreement by the COUNTY.' The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and .all costs of litigation and judgr~ents of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named 3 JAN 0 9 2001 GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Mario Signorclio Champion S.~orts Production, Inc. 633 NF 167"' Street #512 North Miami Beach, FL 33162 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of terminationl If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE falls to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY AGENDA ITEM .°. 4 JAN 0 9 ZOO1 pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: accurate accounting records and keep tourism GRANTEE is required to maintain complete and funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABII~rTY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on June 1, 2000 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OF FUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event or the execution of this agreement. -- 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreemere of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and 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: Chairman WITNESSES: Printed/Typed Name GRANTEE CHAMPION SPORTS PRODUCTION, INC. By: ~Oog£~e~ LofE~ Printedffyped Name Printed/Typed Title Approved as to form and legal sufficiency Chief Assistant County Attorney 6 (corporate seal) AGENDA ITEM JAN 0 9 ~001 T. Event Summary Naples Sports Festival (NSF) is a five sport event that took place in Collier County on the weekend of August 4-6, 2000. It brought a record 679 participants to compete in flag football, a duathlon, softball, golf, and a 5K. NSF drew 418 parUdpants from outside of the Collier County area, which is 62% of the total entrants. The average participant traveled with an average of 1.24 additional people and stayed an average 1.83 days. Thirteen sites were used over the course of the weekend including sponsor activities. Twelve separate Collier County hotels housed NSP participants. Information about the weekend was condensed to a brochure and distributed with a map of all event sites. NSP had a $341,403 economic impact in Collier County (according to Florida Sports Foundation guidelines). It was produced by Champion Sports Productions, Inc. in cooperation with both North Naples and Naples Uttle Leagues.- AGENDA iTEM "°' 'L,, JAN 0 9 ~001 I i i I I I I I ! XT. Economic Tmpact Football Softball Duathlon 5K Golf Staff ~[ 2 3 4 $ 6 266 252 'X 2.24= 564 X 1.83= 1,032 270 75 X 2.24= 168 X 1.83 =307 101 52 X 2.24= 116 X 1.83= 131 27 21 NA NA 15 15 NA NA 33 21 + 11 = 32 x 2.50 = 80 679 415 :~,550 1 - Total number of participants 2 - Total number of participants from outside Collier County .~ - Average number of additional people that traveled with NSP participants. (Surveys showed that 1.24 additional people attended the event for every participant.) 4 - Total number of traveling party from outside Collier County S - Average stay 6 - Total number of overnight stays in Collier County Overnight Stays 1,550 X Avg. Daily Spending $68.00 Participant Spending = $105,400 Total Participant Spending Organizing Committee Spending Event Site Spending Total Direct Economic Impact (TDEI) $105,400 $24,907 $1,510 $130,307 Multiplied Impact of Event TDE! Multiplier Total Output Impact 130,307 1.~3 $225,431 Earnings Impact 130,307 .54 $70,365 Employment Impact 130,307 .35 $45,607 Total Economic Zmpact $341,403 AGENDA ITEM No. 7-b-7 u JAN 0 9 ~001 TOURISM ALLIANCE OF COLLIER COUNTY P03:24 RCVD July 27,2000 Ms. Jane Eichhom TDC Coordinator Housing & Urban Improvement 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34103 Dear Jane, We are in receipt of a special event application from Mr. Mario Signorello Jr., Champion Sports Production, Inc. As this event is scheduled for August 4-6, 2000, could you please check with Mr. Cautero and Mr. Oliffon how they would like to handle this request? If the Tourism Alliance reviews it and approves it, we cotfid not apply for funding until October to the TDC which would be after the fact. Thank you for your assistance with this matter. Sincerely, Tammie Matthews President Encl: Special Event Application -- AGENDA iTEM No. ~ JAN 0 9 ?_.001 .3. .... ,~m,.J' ~?" ~'~ .... {~:'::'~ 'G~e~,'l Gate. · :- Gulfshore Boulevard North, Suite 123A, Naples FL 34102 · 941.263.3666 Fax 941.403.4780 · E-mail: tourismalliance~awebstat[on.net A cooperative effo~ funded by the Collier County Tourist Development Tax TOURISM AI LIANCE OF COLLIER COUNTY GRANT APPLICATION, ORGANIZATION INFO~TION Kev/ew the TDC Disbursement Guidelines prior to comp. letlag this application. Subink an original and fifteen (15) copies of the application with attachments to Tourism Alliance of Collier County, 1400 Gulfshore Blvd. N., Suite 123, Naples, FL 34102. APPLICATION INFORMATION Applicant (legal name of organization) Cham~3ian SDort;,s PToductions, Inc. , Address (street or box, city and zip code) 633 NF 167th street ~612 North Miami Beachf FL 33162 Telephone #, C305)655-0627 ; Fax # Federal [D # Contact Person ~r~n .~_~nr~o Jr. Organizations Chi~ ~ciai: Name ~ Event & Bri~ Description: Navies ¢305~655-0697 Title Title S[:~orts ' Fest iva]~ adult athletic competition in the s~orts .of:. flag football, is a sol%ball. 5k run, and aolf. ,, , 5 sport amatuer duathlon(run-bike-run), -10- AGENDA ITEM No. JAN 0 9 ZOO1 OURISM ALLIANCE OF COLLIER COUNTY GRANT APPLICATION ORGANIZATION INFORMATION PAGE 2 Area of Event Impact (Location in Collier County) Event Date: 8/4-6/00 Events are scheduled throuahou%~ (see att'achment k) Total Number of projects contained in this application Tourism Alliance Dollars Requested. 6,ooo Total Amount of Match 6,000 CERTIFICATION OF AUTHORIZING OFFICIALS i certify that the facts contained in this application are true and complete to the best of my knowledge and understand that. if employed. falsified statements on this application shall be grounds for refusal. I authorize investigation of all statements contained herein and the references and employers listed. I authorize the Tourism Alliance to make any investigation of my credit or employment status. Organization's Chief Official: Mario F. Signorello Jr. Typed Name Social Security Number Signature -11- AGENDA ITEM NO. JAN 0 9 2001 NAPLES SPORTS FESTIVAL AUGUST 4-6, 2000 PALM WATER '~ O/.F B!OFREEZE' HOLIDAY INN - $49 1100 9th St. North Naples, FL 33940 (941) 262-7146 /tOTEL /#FORM.gTIO#; Quality Inn- $49 4100 Golden Gate Pkwy Naples, FL 34116 (941) 455-1010 (800) 277-0017 BIKE ROUTE TRIANON' OLD NAPLI~$ Trianon - $70 Stnd. $90 Deluxe 955 7th Ave. South Naples, FL 34102 (941) 435-9600 (Continental Breakfast) Champion Sports Product, lon~, Inc. J E W E: I- F., R' S . REGISTER NOW & SAVE'! ) Phone (305) 655-0627Fax (305) 655-0697 iNnroe (Individual Participant or Team Captain)Team Name Age Gender Street Address Suite # City ~ State Zip Code Emergency Contact Person Phone !7; Golf Tournament Please check which sport you wish to participate in"-' '-~~Hibiscus Country Club Golf Duathlon 'Friday 2:00pro $40.00 iSofiball 1 5K Includes golf, lunch, drinks, toshirt Football ~ and prizes ~ 4-~'~ Flag Footbal--i-~-~rnament Men's Softball (Class D) ~ Double Elimination (Sat. & Sun) Double Elimination (Sat. & Sun) ~ $105 before July 21 $125 after July 21 '~ ~r /~ AbiY~ty Levels: A, B, C, W_omens $150 before July ?I ~d/ - "A" Division will receive cash~ $175 after July 2~,o. t,. ~-,. 7/](' IT l~ ~ 8160 before July 21 $180 after July 21 i Veteran's Park 5K Run, Sunday August 6th, 7:00 a.m. Lowdermilk Park $15 Pre-Registration OR $20 day of race Duathlon, Sunday August Lowdermilk Park $25 Pre-Registration OR $30 day, Register by mail, on race day, or on Saturday August 5th,(call for location) ~nki N ~I 9nnt th, 7:30 a.m. aiver - I know that participation in any of these events may be potentially hazardous to my health. I ahould not enter and participat~ unles~ I am medically. ~le. I agree to abide by the dec'talon of an event official related to my ab'dity to safely complete the event I assume all risks tmso~ted with this activity eluding, but not limited:to falls, contact with other participant~, effect of weather, traffic and conditions of playing surface; all such risks being know ann :epted by me. I waive and release Champion Sports Productions, Colliers County, the City of Naples, all participating sponsors, their representatives and volunteers and official~ from claims or liabilities arising out of my participation in the event_ I grant permission to all the foregoing to use my photo- iphs, recordings or any record ofthis event for legitimate purposes. No one may enter the Naples Sports Festival event without signing the waiver. ;ignamre: Date: Parent/Guardian Attachmnet-B NAPLES SPORTS FESTIVAL ~ ' , E~ 17 ~ ~ P~ Z ~ i~ ~ /~ ~ ~ VETERAN'S PARK - 1900 Immokalee Rd. Saturday & Sunday: Football, Softball LOWDERMILK PARK - Gulfshore Blvd. N & Banyan Sunday morning: Duathlon & 5K QUALITY INN - 4100 Golden Gate Parkway Host Hotel & Reception: Fdday night 6:00 - 8:00 --'~LIDAY INN - 1100 9th Street North Jost Hotel TRIANON - Old Naples, 955 7th Ave. South Host Hotel HIBISCUS COUNTRY CLUB - 175 Doral Circle Friday 2:00pro: Golf Tournament BIKE ROUTE - 655 Tamiami Trail North Race Pre-Registration: Saturday 12:00 - 4:00 TEO'S SPORTS BAR - 2452 J & C Blvd. Host Sports Bar PELICAN LARRY'S - 1046 Pine Ridge Road Host Sports Bar CAMILLE'S CAFE & GRILL Festival Sponsor (~ SUNRISE CAFE- 5461 Air Festival Sponsor J~::~ (~) KING RICHARD'S FAMILY FUN PARK - 6780 IN. Airpo~ · 49611~~e C{~ar JAN o 9 2001 )rt Pulling Rd. Noah Naples Sports Festival 1. Champion Sports Productions, Inc. Naples Sports Festival August 4-6, 2000 2. CSP is a southeast coast based company that produces sporting events. August is a transitional period as the summer sports have ended and the fall sports don't begin till September. Naples Sports Festival (NSF) combines all these sports into one weekend. The event motto is" come on the other side". This serves Collier County well because the August time frame is among the slowest of the year, and our target audience of families also fits the counties demographics. We would like to apply for a $6,000.00 grant, declining 20% per year ( $4800.00 in 2001, $3,600.00 in 2002, $2,400.00 in 2003, self sufficient by 2005). The current sports offered are 4 on 4 men's and women's adult flag football, Duathlon ( run, bike, run), men's adult softbaH, 5k-run and golf tournament. Future events planned include 3 on 3 basketball, in-line hockey, and volleyball. Beneficiaries of the event would include North Naples Little League and Naples Little League. The past three Naples Sports Festivals have produced over $5,000.00 raised for these organizations and an economic impact of nearly $500,000 for the county. Event promotions will encompass the state through mailings, advertisements, flyers, grass roots marketing, and more. More importantly are marketing efforts have a proven track record of attracting people. The events history tracks over 70% of the visitors are out of the county and more than 60% require overnight accommodations. Sponsor participation such as restaurants, sports bar, golf course, amusement park, allow the visitors pre-event information. 5. CSP currently conducts competition in all the stated sports except golf. The golf tournament on Friday is designed to have people begin their weekend early. 6a~ Our current database of participants in these sports allows us to qualify our marketing. Advertisement is used for Florida Sports Magazine and grass roots marketing. 6b. See attached sample survey. 7..The goal of the alliance grants program is to attract off-season tourists that would not otherwise visit the county. Without this event the participants and traveling parties would go elsewhere. 8. Over the past six years CSP has received $147,500 in grant funding ~om org~ such as; Florida Sports Foundation, Miami-Dade Tourist Development JAN o 9 zoo1 Council, Treasure Coast Commission, and five Collier counties TDC grants. Full accountability will follow. For example, see 1999 report. Board of Directors::~ Mario F. Signorello Jr. 2460 NE 209 ter. Miami, FL 33180 President-CSP Mario F. Signorello Sr. 1220 Raven Ave. Miami Springs, FL 33166 Retired-Federal Government Controller-CSP J/~N 0 9 ZOO1 ATTACHMFNT -B N~pl¢s 5ponts Festival Survey'. The Naples Sports Festival is partially funded by a grant funded from the Collier County Tourist Development Council. Please fill out the information below. Address , " ~' ':"'"' '" ' ' Ci~ -. ,~ ~p ~ ~ Coun~ 1 1 Please check the event you participated in: ~olf Football buathlon 5K ~v//~oftball If you are an overnight visitor, how many nights are you staying here?__ Where did you stay? ~-~)~LCG~'~x Were there any additional members of you travelin9 party that did not participate in an event? ]:f yes. how many? ) (~ Ages.'> ~ - ~'?-' - .2 I - q 7.. -.--'~ Would you return to Co_11ie~ County as a vacation destination?V/Yes . No Undecided .o.~~ Thank you! JAN 0 9 ZOO1 NSF Budqet Inflow Sponsor Cash- 3,500.00 Reg. Football (40)-4,800.00 Reg. Softball (15)-2,400.00 Reg. Duathion (125)- 3,125.00 5K -750.00 Hotel Rebates- 1,000.00 T-Shirt Sales- 500.00 Concession - 1,000.00 In kind - 3,000.00 TDC-Grant - 6,000.00 Golf Tournament(17)- 680.00 Totals - 26,775.00 Outflow Refrees- 1,300.00 Staff- 1,800.00 Umpires- 812.00 Staff per deim- 600.00 Refrees per diem- 200.00 Trophies- 900.00 Truck Rental- 350.00 Field Rental- 600.00 Police- 504.00 Food- 750.00 Welcome Reception- 200.00 Advertising- 750.00 Hotels- 400.00 Applications- 809.00 Mailing- 500.00 Clock & Cones- 150.00 N.L.L.- 475.00 NNLL- 820.00 In kind- 3,000.00 Softballs- 150.00 Golf Course- 400.00 Misc.- 500.00 CSP Man~ement Fee- 7772.00 Total - 26,775.00 JAN 0 9 2001 June 26, 2000 Mr. Mario Signorello Champion Sports Productions, Inc. 633 N.E. 167th Street, Suite 612 North Miami Beach, Florida 33162 Dear Mario, It was nice to speak with you again. Golf Resort* 4100 Golden Gate Parkway Naples, Florida 34116 (941) 455-1010 Fax (941) 455-4038 Thank you for once again choosing the Qualily Inn & Suites Golf Resort in Naples as one of the host hotels to provide accommodations for the 2000 Naples Sports Festival to be held in Naples August 4 - 6, 2000. As per our discussion I wanted to take this opportunity to confirm the following: Room rate - $49.00 plus 9~ ta~ (Standard Double queen size or King size room) Valid from Aug. 3 - 7,2000. We agree to provide the Naples Sports Festival with a 10% rebate per room night. i.e. Credit back $4.90 per room night - to be administered by check to the Naples Sports Festival at the end of the event. As was the case last year we will upgrade your accommodation to a One Bedroom Suite at no extra charge. Also, as in the past please ensure that the festival participants menUon that they are with the 'Naples Sports Festival" when booking their reservation. Our front desk will then record this on the reservation card to facilitate tracking all reservations for the festival. If required Kevin Durkin, our V.P. of Operations, has once again agreed to extend Happy Hour at our Chickee Bar from 4:30 P.M. to 7:30 P.M. on Friday night, August 4. For your information the cost for a Keg of beer this year is $175.00 plus 22% (6% tax + 16% service). We now have enough tables & chairs at the Chickee Bar to accommodate an extra 75-100 people if required. Also, as discussed we now have golf coupons in all our rooms offering our guests a special golf rate of $19.95 plus 6% tax - includes 18 holes of goff with a shared riding cart. Please feel free to contact me should you have any questions and/or require any addilional information and I look forward to seeing you and the festival particjpants in August! Thanks again for your support! BestWishes , Marco A. Vocisano, Sales & Marketing JAN 0 9 2001 NAPLES SPORTS FESTIVAL SPONSORSHIP OPPORTUNITIES '- The Naples Sports Festival will be held August 4th - 6th, 2000. The Festival will feature athletic competition in softball, flag football, running, biking and golf. Over 1,000 athletes and their families will participate in this fourth annual event that raises money for the North Naples Little League. To be part of this event, join us as a participating sponsor. This is a great way to support your commu- nity and get your name out. GOLD SPONSORSHIP --~lame/Iogo on o~ports Festival T-shirt ,,lame/logo on official Sports Festival poster Recognized as official sponsor on all event applications Recognized as official sponsor on all print media Bag stuffer Banner rights at all events Invitation to sponsor reception 1 0% discount to employees or teams entering in any Sports Festival event. One complimentary entry in flag football tournament Name Tide SILVER SPONSORSHIP $150.00 Name/logo on official Sports Festival poster Recognized as official sponsor on all event applicati, Bag stuffer Invitation to sponsor reception 10% discount to employees or teams entering in an] Sports Festival event Sports Festival Representative Siguature Date Date Make all checks payable to:' Champion Sports Productions 633 NE 167th Street, Suite 612 North Miami Beach, FL 33162 AGENDA ITEM JAN 0 9 2001 Phone (305) 655-0627 Fax (305) 655-0697 NAPLES· SPORTS FESTIVAL SPONSORSHIP OPPORTUNITIES The Naples Sports Festival will be held August 4th - 6th, 2000. The Festival will feature athletic competition in softball, flag football, running, biking and golf. Over 1,000 athletes and thdr families will participate in this fourth annual event that raises money for the Noah Naples Little League. To be pan of this event, join us as a participating sponsor. This is a great way to support your commu- nity and get your name out. GOLD,~~RSHIP Name/logo on official Sports Festival T-shirt Name/logo on official Sports Festival poster Recognized as official sponsor on all event applications Recognized as official sponsor on all print media Bag stuffer Banner rights at all evehts Invitation to sponsor reception 10% discount to employees or teams entering in any Sports Festival event. One complimentary entry in flag football tournament SILVER SPONSORSHIP $1S0.00 Name/logo on official Sports Festival poster Recognized as official sponsor on all event Bag stuffer Invitation to sponsor reception 10% discount to employees or teams entering in any Sports Festival event Tifie Sports Festival Representative Signature boO, Date Date Make all checks payable to: Champion Sports Productions 633 NE 167th Street, Suite 612 North Miami Beach, FL 33162 AGENQA ITEM I~ gi JAN 0 9 2001 Phone (305) 655-0627 Fax (305) 655-0697 uaae, urowara .............(:$150 by 5-12) Tampa ...................($130 by 5-12) NAME: CITY: ($175 by ($155 by 5-26) ($200 after 5-26) ($180 after 5-26) DIVISION: A B C Dade Broward West Palm Tampa Captain's Name E-mail Address Street Address City State Zip Code Work Phone Beeper Cell Phone Home Phone Champion Sports Productions 633 NE 167 Street, Suite 612 N. Miami Beach, FL 33162 Tel: (305) 655-0627 FLAG FOOTBALL LEAGUES Why play Sunshine State Football? 16th season running flag football leagues Hosted Florida State Championships Hosted Naples Sports Festival Largest Leagues in the state of Florida New low prices Leagues located in four different cities Gridiron Weekly newsletter Champ;on Sports Productions, Inc. AGENg~ITEI~ JAN 0 $ gOO1 BIOFREEZE' ~ Pain reli~ that woth"Fl[mm~ - 8 city tour of South Florida' - Duathlon i~ 2-mile run, 10:mile bike, 2-mile run - Prizes awarded for 18 different age categories - Point~ earned based on finish in each category - Overall ~eries winners determined by cumulative point standings PALM WATER Champion Sports Productions 633 NE 167th Street, Suite 612 N. Miami Beach, FL 33162 (305) 6554)627 ~;~" ~,~'JI[GEN A ITEM JAN 0 9 200~ CITY OF AVENTURA .' Presents tltEN' $OFTBAL/, PLACE: Aventura Founders Park AGE: 18 and over DATES: June. 25 - August 27 DAYS: Sunday TIME: 9:00 am- 1:00 pm PLAYERS: GENERAL INFORMATION: Allowed up to 15 DIVISION: 4 - 6 teams per division REGISTRATION: $350 for residents, $400 for non-residents · Balls hit over the left field barrier will subject the offending team to the following ground rules: 1s~ time: Batter is out 2r~ time: Side is retired. 3~ time: Game is forfeited' · League softballs will be Dudley 44 Core. · DeMadni and all double-wall bats are prohibited NAME: ADDRESS: AGE: PHONE: CITY: STATE: ZIP: TEAM NAME: Mail payment and applications to: Champion Sports Productions 633 NE 167~ Str~,at, Suite 612 North Miami Beach, ~L 33162 For More Info: (305) 655-0627 Web: www. Charhpionsp.com AGENO& ITEM No. "//'- ,~/'/~ JAN 0 9 2001 i i ZV. Reimbursement Request Champion Sports Productions, Inc. is requesting reimbursement for the following expenses incurred for the Naples Sports Festival. 2. 3. 4 5 6. 7. 8. 9. .10. 11. 12. Event Staffing - Non Officials Event Staff - Per Diem Florida Sports Advertisement Football Referees Grouper House - Staff Meal Znsurance Mailing Expense (655 Applications) Office Depot - Miscellaneous Expense Poster Printing Softball Umpires Truck Rental Welcome Reception Expense 1,375.00 725.00 300.00 1,008.00 164.00 770.00 216.00 43.74 42.60 896.00 264.01 236.94 $6,041.29 Request for reimbursement of $6,000.00 JAN 0 9 2001 EXECUTIVE SUMMARY WAIVE THE COMPETITIVE BID PROCESS AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT WITH FLORIDA INTERNATIONAL UNIVERSITY. OBJE~: To have Florida International University (FIL0 sample, analyze and report on the estuarine sediment quality in Collier County. CONSIDERATIONS: 1) Estuarine sediment monitoring is mandated in the County's Growth Management Plan. ' 2) The County has need for accurate data regarding estuarine sediments to help guide local decisions affecting water quality. 3) FIU receives funding from the SFWMD to monitor esmarine waters in the County as a member ofthe Southwest Florida Regional Water Quality Monitoring Consortium, of which Collier County is also a member. 4) It would be most efficient to have FlU collect and analyze estuarine sediments during their normal sampling events, and provide the data to the County. FISCAL IMPACT: The $88,000 for this project is included in the Pollution Control & Prevention Departments 00/01 budget. GROWTH MANAGEMENT IMPACT: This project is consistent with Goal 2.3 and associated policies of the County's Conservation and Coastal Management Element. RECOMMENDATION: The Board of County Commissioners waive the competitive bid procedure and authorize the Chairman to sign the Agreement allowing FlU to sample and analyze estuarine sediment quality and provide the data to the County Kevin H. Du!~ef Environmental Specialist Polluuo' Con ntrol~ Department Reviewed by: ~"~_~__ j ... A(~i~-~l?gm?itfi, Acting Director PolluTion Control & Prevention Department Reviewed by: ..S~~ Stephen ~. Cm:nel~/Director Approved .by: Jo~ M. Dunnuck IIl, Interim Administrator Community Development & Environmental Services Division Date: Date://:~ t~-~ C Date:/g. -Z 7. ad JAN 0 ~t 2001 AGREEMENT THIS AGREEMENT, made and entered into on this day of January, 2001, by and between Florida International University, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order STATEMENT OF WORK. The Contractor shall in accordance with the terms and conditions of the specifications of the contractor's proposal hereto attached and made an integral part of this agreement. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of $88,000, based on the unit price set forth in the contractor's proposal. 4. 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: Southeast Environmental Research Center (SERC) Florida International University University Park Campus Miami, Florida 33199 All Notices from the Contractor 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 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. AGE,N.DA ~T E_M\ JAN 0 9 2001 NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the Count), shall be processed internally by the County. All non-County permits necessary for the prosecut/on of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county. facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, count)' or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Pollution Control & Prevention Department. 11. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. ~ I~raa JAN 0 9 2001 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 of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: Chairman (SEAL) CONTRACTOR First Witness By: ?Type/print witness name? Second Witness Typed signature and title ?Type/print witness name? Approved as to form and legal~_sufficienclI~,, r~ Thomas Palmer Assistant County Attorney A(~END~ ITr~M ~ N~. Jf,~ JAN 0 B 001 EFFECTS OF INCREASED URBAN AND AGRICULTURAL LANDUSE ON THE ANTHROPOGENIC LOADING TO SOUTHWEST FLORIDA ESTUARIES: BASELINE INFORMATION TO ASSESS CHANGING WATERSHEDS A proposal submitted to Collier County, Florida September 15rig 2000 Piero R. Gardinali, Joseph N. Boyer, Yong Cai, and Rudolf Jaff'6. Southeast Environmental Research Center (SERC) Florida International University University Park Campus Miami, Florida 33199 Introduction and Justification Due to the unique combination of quality of life and its pristine environmental conditions the Southwest coast of Florida has experienced the most rapid growth and development of any area in the state of Florida over the past 10 years. As an example, the population of Naples metropolitan area (all of Collier County) has grown 23% between 1990 and 1996. This change constitutes the fifth largest increase in population in the United States. This development has been in the form of both increased agricultural and urban-suburban activities concentrated along the coastline of Collier County or its immediately adjacent watershed. Winter vegetables and an increasing share of citrus culture and plant nurseries make up most of the expanding agriculture land use. Most recently, plans to expand the SW Florida Regional Airport and the construction of Florida Gulf Coast University have spurred urban development pressure to new highs The Rookery Bay - Ten Thousand Islands Esmarine Preserve system, located immediately adjacent to these new developments, has often been highly regarded as one of the few relative pristine environments left in South Florida and the Nation in general. A delicate balance between the natural resources and the unpermrl>ed conditions of its watersheds has maintained this ecosystem relatively healthy thus providing excellent nursing grounds and habitats for most of the endangered species living along the coasts of Florida. Although reports of chemical contamination in the area are seasee, some evidence of the presence of agiochemicals used in past three decades such as DDT and its metabolites and components of chlordane technical mixtures have already been reported in sediment samples collected from upstream locations of the estuarine drainage area along Henderson Creek and Blackwater River. Furthermore, data from NOAA's National Status and Trend "Mussel Watch" program routinely collected at one station at Henderson 'Creek have shown the presence of more "contemporary" used pesticides such as chlorpyrifos (dursban) and endosulfan in organisms from the estuary. Since compounds like dursban are commonly used household insecticides, assessing its presence, spatial and temporal distributions, in addition to other more traditional contaminants, could become a powerful managing tool to evaluate present state of the sediment quality and predict ~ environmental impacts of the growing residential and agricultural developments in the re~ ~ /l'~ (~frr.) 7 JAN o 9 2001 In addition to these pesticides, the occurrence and distribution of other ubiquitous anthropogenic contaminants such as trace metals and polynuclear aromatic hydrocarbons (PAils) could also be used as a diagnostic tool for ecosystem management purposes. The relevance of some of these chemicals is that they are strong indicators of the impact of heavily populated areas not necessarily linked to industrial or agricultural activities. Since the most likely mechanisms of introduction of these comaminants to the estuarine system will be through non-point sources like street runoff, storm-water flow, and agricultural runoff, a detailed characterization of the sediment record along the watershed is needed to establish the areas of potential impact as well as to establish the transport mechanism of these contaminants throughout the estuarine system. Based on these premises, the goals of this investigation can be described as follows: Project Goals The main objectives for the proposed work are as follows: Provide a detailed and high-resolution survey of the presence, concentration levels, spatial and temporal distribution of organic and inorganic anthropogenic contaminants in sediment samples collected within the coastal environments of Collier County in particular along Rookery Bay and the Ten Thousand Islands Preserves. To evaluate the potential contributions and effects of the urban and agricultural development along the Cocohatchee River, Upper Gordon River, Henderson Creek, Blackwater River, and Faka-Union Canal watersheds as well as the general coastal urban developments to the pollution loading of the estuarine sediments. To produce high quality data to be used among other paxties conducting research in the same study area and to provide a set of tools for the regulatory community for environmental management purposes. Sampling Strategy and Site Locations Five watersheds in Collier County are targeted in this project: Cocohatchee River, Upper Gordon River, Henderson Creek, Blackwater River, and Faka-Union Canal. The main criteria for site selection are: integration and representation of area, identity of land use, overall spatial coverage of region, and accessibility. Also, most of the sites selected for the sediment collection correspond to the stations previously selected for the water quality monitoring program presently conducted by FIU/SERC. This selection is intended to provide maximum overlap and compatibility between the water-sediment datasets. A total of twenty-five (25) sediment samples will be collected biannually at the locations shown in Figure 1. The positions of the proposed locations and their description are also presented in Tablel. A subset of nine (9) sites highlighted in the table will be visited in both sample trips while the remaining sixteen samples may be revisited upon assessing th~ r,,~,i,~ JAN 0 9 2001 from the initial sampling episode. In general, station locations were chosen to reflect sediment transport driven by the freshwater-saltwater exchange. Surface sediments will be collected by hand using an Eckman dredge from a small cra_q. Undisanbed sediments (1-5 cm) will be sub-sampled using a clean stainless steel spoon and transferred to pre-cleaned glass containers. Sediment samples will be refrigerated in the field and frozen upon arrival to the lab. Since the same sample will be used for multiple analyses, no preservatives will be employed. Analytical Methodology C~,ven the previous knowledge that levels of some of these contaminants may be low, every effort will be made to collect sediment samples from low energy depositional areas. The methods and procedures employed for this study will be modified to increase the amount of extracted sample to minimize the analytical detection limits. The proposed analytical protocols were selected because provide an enhanced level of detection compared with traditional EPA based methodologies. The analytical methods described here are derived or modified from the protocols used in NOAA's Status and Trends Program as described in NOAA Technical Memorandum NOS/ORCA/CMBAD 130" Sampling and Analytical Methods of the National Status and Trends Program Mussel Watch Project: 1993-1996 Update". Specific adaptations and modifications of these methods as well as alternative protocols (SERC/EARL SOPs) are included in the appendix. The list of analytes targeted by these analyses is shown in Tables 2-4. Results and Deliverables The data from this program will be incorporated and integrated into the existing reporting procedure for the entire SERC water quality monitoring network This will include distribution maps, quarterly data reports, and an annual/final report. The principal investigators will be responsible for ensuring the results are compiled and the complete data set is submitted in both paper and electronic form in a timely fashion. JAN 0 9 2001 Budget Justification A major cost for this project ($29.6K) correspond to the analyses of chlorinated pesticides, polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), trace metals and sediment bulk characteristics at 25 sampling stations twice a year. Adding or subtracting a monitoring station will increase or decrease the total cost by about $700. All cost for QA/QC sample analysis (blanks, fortified samples and duplicates, when deemed necessary) are already included in the budget. Twelve months salary is included for a technician/graduate student to collect the sedimem s~unples, transport them to FlU, and perform the laboratory analysis and data reduction. Salary for an undergraduate student (20 hours/week) is also included to assist the technician and PI's in field and laboratory worlc Project managemere, data analysis, report writing and information dissemination will be provided by all PI's without any additional costs. Supplies, chemicals and other consumables are included in analytical costs. Since all analytical facilities/'mstrumentation are already available at FIU/SERC no expenditures in capital equipmere are required. Travel includes mostly expenses for sample collection and transportation and participation on meetings related to the project. Itemized Proposal Budget Salaries P!s Technician / Graduate Student Student (undergraduate) Total Salary Fdnge (OPS=7.65%) Monthly Year Months Salary 200012001 o o o 12 1,950 23,400 12 500 6,000 29.400 2,249 Travel Su~;iies Other Total Salary & Fringe Sample Collection I Transportation Meetings Equipment Laboratory Supplies Analytical charges Publication costs 31,649 2,000 50O 0 0 Organics 21,270 Bulk 1,600 Metals 6,750 0 Total Direct Costs Indirect Costs (38%) 63,769 24,231 Total Direct and Indirect Costs 88,1 AGENOA ITEJd 7 JAN 0 9 2001 Table 1.- Location of the proposed ~diment sampling sites. Stations in bold face will be sampled bianm~al~y while other ~m~es may be revisited based upon results of the first sampi. in~v tier. A total of 25 samples will be collected on each trip. STATION LOCATION LAT-DEG LON-D!~G $1 Chokoloskee 25 48.450 -81 20.970 52 Rabbit Key Pass 25 46.200 -81 23.000 64 Barron River 25 51.196 -8123.602 65 Indian Key Pass 25 49.631 -81 26.465 66 Indian Key 25 48.290 -81 27.750 67 West Pa~ 25 49.820 -81 30.170 68 Panthex Key 25 50.960 -81 32.530 69 Faka Union Pass 25 52.450 -81 30.960 70 Faka Union River 25 54.000 -81 30.960 71 White Horse Key 25 52.007 -81 34.489 72 Disran! Key 25 53.668 -81 33.532 73 Gullivan Bay 25 52.920 -81 36.380 74 Shell Key 25 54.670 -81 36.920 75 Blackwater River 25 55.788 -81 36.019 451 Coon Key Pass, G3 25 54.626 -81 38.309 452 Coon Key Light 25 52.918 -81 37.954 453 Fred Key, G5 25 53.978 -81 41.027 454 Caxambas Pass, R4 25 54.360 -81 43.733 455 Capri Pass, R2A 25 59.285 -81 43.740 456 Rt. 951 Bridge, R26 25 57.737 -81 42.524 457 Big Marco River, R24 25 57.122 -81 41.243 458 Goodland Bridge,, G15 25 56.080 -81 39.204 459 Johnson Bay 25 59.291 -81 43.748 460 Hall Bay 26 00.941 -81 44.566 461 Rookery Bay 26 01.755 -81 44.888 462 First National 26 02.441 -81 45.955 463 Kewaydin Channel, G55 26 03.611 -81 46.713 464 Dollar Bay, G73 26 06.000 -81 47.213 465 Outer Gordon Pass, G1 26 05.480 -81 48.686 05 Doctors Pass 26 10.472 -81 48.699 04 Gordon River 26 09.206 -81 47.120 03 Naples Bay North 26 07.830 -81 47.403 02 Naples Bay South 26 16.857 -8147.226 01 Cocohatcbee River 26 17.036 -81 48.757 467 Wiggins Pass Bridge 26 17.441 -81 49.105 JAN 0 9 2001 Figure 1.- Map showing the location of the proposed sites For sediment sampling JAN 0 9 2001 PI. ?~ Table 2. Chlorinated Hydrocarbons determined in this project. Chlorinated pesticides Polychlorinated biphenyls~ Hexachlorbenzene PCB8 Alpha-HCH PCB 18 Beta-HCH PCB28 Delta-HCH PCB29 Cmmma-HCH (Li!ldalle) PCB44 Chlorpyrffos PCB52 Heptachlor PCB66 Heptachlor Epoxide PCB87 Alpha-Chlordane PCB 101 Gamma- Chlordane PCB 105 Oxychlordan¢ PCB 110 Cis-Nonachlor PCB 118 Trans-Nonac!flor PCB 128 2,4'-DDE PCB138 4,4'~DDE PCB 153 2,4*-DDD PCB 170 4,4'-DDD PCB 180 2,4'-DDT PCB187 4,4'-DDT PCB 19~ Aldrm PCB200 Di¢ldrin PCB206 Endtin PCB209 Endosnlfan II Mirex Surrogate Standards Dibromo-oct~uorobiphenyl (DBOF) PCB103 PC198 Internal Standard Tetrachloro-m-xylene (TCMX) A dditional Analytes* Dicofol Endtin Aidehyde Endosulfan Surfate ~'PCB numbering systm~ from: Ballschmiter. K. and M. Z, elL 1980. Analyais ofPolychlorbmt,'~ Biphenyis (PCB) by Glass Capillary Gas Chromatography. Freeaenius Z. Anal Chem. 302:20-31. Table 3. Major and Trace Elements Determined in this Project Aluminum Al Silicon Si Chromium Cr Manganese Mn Iron Fe Copper Cu Zinc Zn Nickel Ni Arsenic As Selenium Se Tin Sn Antimony Sb Silver Ag Cadmium Cd Mercury Hg Vanadium JAN 0 9 2001 Table 4. Polynu¢lear Aromatic Hydrocarbons targeted in this study. Naphthalene A 1 C1-Naphthalenes* A 1 C2-Naphthalenes* ~ C3-Naphthalenes* A 2 C4-Naphthalenes* A 2 Biphenyl A 2 Acenaphthylene A 2 Acenaphthene A 2 Fluorene A 2 C1-Fluorenes* A 2 C2-Fluorenes* A 2 C3-Fluorenes* A 2 Dibenzothiophene A 3 C1-Dibenzothiophenes* A 3 C2-Dibenzothiophenes* A 3 C3-Dibenzothiophenes* A 3 Phenanthrene A 3 C1-Phenan~hrenes* A 3 C2-Phenanthrenes* A 3 C3-Fhenanthrenes* A 3 C4-Phenanthrenes* A 3 Anthracene A 3 Cl-Anthracenes* A 3 C2-Anthracenes* A C3-Anthracenes* A 3 C4-Anthracenes* A 3 Internal Standard Fluorene-d10 (A) Benzo(a)pyrene-d12 (B) Fluoranthene B 3 C1-Fluoranthenes* B 3 Pyrene B 3 Cl-Pyrene* B 3 Benzo[a]anthracene B 4 Chrysene B 4 C1-Chrysene* B 4 C2-Chrysene? B 4 C3-Chrysene* B 4 C4-Chrysene* B 4 Benzo[b]fluoranthene B 4 Benzo[klfluoranthene Benzo[e]pyrene B 4 Benzo{a]pyrene B 4 Perylene B 5 Indeno[1,2,3-c,d]pyrene B 4 Dibenzo(a,h]anthrac~ne B 4 Benzo[g,h,i]perylene B 4 Specific Isomers 1-methylnaphthalene 2-methylnaphthalene 2.6-dimethyinaphthalene 2,3,5-trimethylnapthalene t-methylphenanthrene B 1 B 1 B 2 B 2 B 3 Surrogate Standards Naphthalene-d8 (1) Acenaphthene-d10 (2) Phenanthrene-d10 (3) Chrysene-d12 (4) Perylene-d12 [5) 'Alkylated homologues not included in the calibration solution. NOTE: Alkylated phenanthrenes and anthracenes, and alkylated fluoranthenes and pyrenes; are quantified together as total alkylated (Cx) phenanthrene/anthracenes and total alkylated (Cx) fluoranthenes/pyrenes. Only ~he parent compounds and specific isomers are reported as individual compounds. 3AN 0 9 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE RELEASE OF PURPORTED LIEN FOR PUBLIC NUISANCE RESOLUTION 98-312. OBJECTIVE: To release a purported lien recorded after the time frame of a property transfer that did not meet the notice requirements. CONSIDERATION: On September 1, 1998 the Board of County Commissioners adopted Resolution NO. 98-312 assessing a lien for the abatement of a public nuisance in the principal amount of $420.00 on the property described as Lot 5, Block C, Gulf Acres, which was owned by Anthony S. and Alexis G. Sassaman. This property was part of a Personal Bankruptcy issue and by operation of the law ownership interest transferred, by way of a Certificate of Title, recorded November 14, 1997. At the time this case was being investigated the Property Appraiser's records indicated the owners to be Anthony S. and Alexis G. Sassaman and proper notice was given, as required. On March 10, 1998 the property ownership rights were conveyed by way of a Warranty Deed, prior to the recording of the lien. Because ownership of the real property described above was conveyed to a new and different owner of record prior to recording said resolution, the purported lien never attached to the property. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Release of Lien, which is estimated to be $6.00 and will be paid from the Code Enforcement account. GROWTH MANAGEMENT IMPACT: No impact anticipated RECOMMENDATION: That the Board approve the attached Release of Purported Lien for the cost of the abatement of a public nuisance, as recorded on October 2, 1998 by Resolution NO 98-312 recorded in OR Book 2466 Page 2956 of the Official Records of Collier County, Florida. SUBMITTED BY: ~/~.~~~ Date: /~.,9~.c~c~ Janet L. Powers, Operations Manager REVIEWED BY: APPROVED BY: _~chel~, Director Code Enforcement Date: /~-~.7'~ ~t John M. Dunnuck III, Interim Division Administrator JAN o 2OOl / This instrument prepared by: Patrick G. White Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 47970640003 RELEASE OF PURPORTED LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain purported Lien arising by Resolution No. 98-312 against: Anthony S. and Alexis G. Sassaman 1077 Illinois Drive Naples, F1 34103 The purported lien was recorded on October 2, 1998 Official Record Book 2466, Page 2956, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien purportedly secured the principal sum of Four Hundred Twenty (420.00), plus accrued interest and penalties, if any, and purportedly imposed certain obligations against real property situated in Collier County, Florida, which property is described as follows: Lot 5, Block C, Gulf Acres, according to the plat in Plat Book I Page 111, Public Records of Collier County. REFERENCE: #47970640003 70718-168 Collier County, a political subdivision of the State of Florida, by execution of this Release of Purported Lien, acknowledges and hereby cancels any said Lien which may have been created by recording said resolution. Because ownership of the above referenced real property was conveyed to a new and different owner of record prior to recording said resolution, the purported lien never attached to property. The Clerk of the Circuit Court is hereby directed to record this Release of Purported Lien in the Official Records of Collier County, Florida, to acknowledge that legally the lien never came into being and does not now exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Release of Purported Lien, by action of the Board this day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: Chairman Patrick G. White, Assistant County Attorney JAN 0 9 2001 2378433 OR: 2466 PG: 2956 IIC01tDID in the 0ff~IClAL HC01tDI o[ COLLII! ¢0UII/Y, ~L RESOLUTION NO. 10.55 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION? COST Sassaman, Anthony S & Alexis G 1077 Illinois Dr. Naples, FL 34103 LOT S, BLOCK C, GULF ACRES, $ 420.00 ACCORDING TO PLAT IN PLAT BOOK 1, PAGE 111, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. REFERENCE: 47970640003 70718-168 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DA?E : SEP 0 1 1998--. · r ?EST ....... ',,,- 'L;" E~ ~UFFXCIEN~: CO~TY ATTO~Y CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAN 0 9 2001 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION TO RENOVATE AND EXPAND THE LOWDERMILK PARK PAVILION/CONCESSION/RESTROOM STRUCTURES OBJECTIVE: To obtain approval of a Tourist Development Council Category "A" grant application to fund renovation and expansion of the Lowdermilk Park pavilion/concession/restroom structure. CONSIDERATION: The Lowdermilk Park pavilion serves many thousands of City and County residents and tourist annually. Over time the structure has deteriorated and major improvements are needed to bring the restrooms into compliance with the Americans with Disabilities Act. In addition, the food preparation and service areas need to be upgraded and modernized and plumbing and electrical code compliance improvements are needed. FISCAL IMPACT: This request is for $216,425. Approval of a budget amendment is necessary for this appropriation whereby funds would be transferred from the reserves of the Tourist Development Tax Fund (195) to the appropriate project number for this obligation. GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan related to this action. STAFF RECOMMENDATION: The Beach Renourishment/Maintenance Committee reviewed this grant application during their 05 October 2000 meeting and approved it unanimously with the amendment that no funds be obligated for purchase of kitchen equipment, such as deep fat fryer orice cream machine. The Tourist Development Council at their regularly scheduled meeting on November 20, 2000 reviewed the application. The Council recommended approval by a 5 to 3 vote for this application in the amount of $216,425. AGENDA ITEM N o.~ ~__~_ JAN - 9 2001 ~ It is recommended that the Board of County Commissioners: Approve the attached Tourist Development Council Category "A" Grant Application to renovate and upgrade the Lowdermilk Park pavilion/concession/restroom during FY01. Approve the necessary budget amendment for this obligation. PREPARED BY: John C. Staiger, Ph.D., Natural Resources Manager, City of Naples Date: October 31, 2000 JANE E. EICHHORN TDC COORDINATOR REVIEWED BY: HUI DI~CTOR APPROVED BY: JOHN M.~UNNUCK III, INTERIM ADMINIST~TOR COMMUNI~ DEVELOPMENT & ENVIRONMENTAL SVCS. JAN 0 9 2001 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE RENOVATION AND EXPANSION OF THE LOWDERMILK PARK PAVILION/CONCESSION/RESTROOM STRUCTURE THIS AGREEMENT, is made and entered into this ~ day of ,2001, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds fxom the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment, pass maintenance, and related projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for renovation and expansion of the Lowdermilk Park pavilion/concession/restroom structure; and WHEREAS, COUNTY desires to fund the Lowdermilk Park project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be Two Hundred Sixteen Thousand Four Hundred Twenty t~ive ~~tar~ JA I 0 9 2001 ($216,425). ORANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice auld upon verification that the services described in the invoice are completed or that goods have been received. ORANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that Such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that. all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pro-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured, The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person 2 r---~- AGENDA ITEM JAN 0 0 ZOO1 PERSONAL INJURY LIABILITY - $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. based on industry standards. 6. INDEMNIFICATION: The The reasonableness of the expenditures shall be GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly empIoyed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 3 ~£NDA ITEM JAN 0 9 2001 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COLrNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. ^~o~ ~,Eu JAN 0 9 2001 4 13. TERM: This agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and 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: Chairman WITNESSES: GRANTEE CITY OF NAPLES Printed/Typed Name Printed/Typed Name BY: Bonnie M. MacKenzie Name Mayor Title (Corporate Seal) 5 AGENDA f'rEM JAN 0 9 2001 Approved as to form and Legal sufficiency: Ramiro Manalich Assistant County Attorney JCS\Wordata\2000 Lowdermilk Park Tourism Agreement.doc 6 JAN 0 9 2001 RESOLUTION NO. 00- Agenda Item Meeting of 12/06/00 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING RENOVATION AND EXPANSION OF THE LOWDERMILK PARK PAVILION/CONCESSION/RESTROOM STRUCTURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Tourist Development Council has approved the request for $250,000.00 to fund the cost of renovating and expanding the Lowdermilk Park pavilion/concession/restroom structure; and It is in the best interests of the City of Naples to execute the Tourism Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1.That the Mayor and City Clerk are authorized to execute a Tourism Agreement between Collier County and the City of Naples regarding renovating and expanding the Lowdermilk Park pavilion/concession/restroom structure. Section 2.This resolution shall take effect adoption. immediately upon PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 6th DAY OF DECEMBER 2000. Bonnie M. MacKenzie, Mayor Attest: Approved as to form and legality: Tara A. Norman, City Clerk Beverly Grady, City Attorney Approved as to accuracy: Manager JCS\Wordata\2000 Lowdermilk Park Touris= Agreemen~ resolution.doc p:\resnew\2000 Lowdermilk Park Tourist Agreement resolution.res Jon C. Staiger, Ph.D., Natural Resources AGENDA ITEM No.~ JAN 0 g ZOO1 NATURAL RESO UR CES MANAGEMENT 735 8TH STREET $OUTII, NAPLES, FL 34102 941-434-4610 Suncorn 974-4610 FAX NO. 941-434-4620 TO: FROM: THROUGH: SUBJECT: Board of County Commissioners, Collier County Beach Renourishment/Maintenance Committee Collier County Tourist Development Council Beach Renourishment and Pass Maintenance Funding Request Recommendation The a%tached request for TDC Category A funding, submitted by the City of Naples, Florida ; to be used for improvements to the Lowdermilk Park pavilion,_rest-_ rooms, and concession area : is recommended to be: Approved as submitted. Approved wi%h the following changes: Deferred to: Disapproved. Comments: f~'~ 2-'%-~---- (~ Date Jam~s__]~r enn a n, Chairman' JCS/Wordata/Beach Con~m/ttee/TDC funding approval form.doe AGENDA ITEM JAN 0 9 2001 Collier Count3' Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the foilowing address: EXHIBIT A Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4610 Organization's Chief Official and Title: Bonnie MacKenzie, Mayor Brief Project Description: Improvements to the Lowdermilk Park PavilionJConcession/Restroom Structure AGENDA ITEM JAN 0 g 2001 Collier Count3' Tourist Development Council Grant Application Page 2 6. 7. 8. 10. Estimated project start date: Estimated project duration: Total amount requested: April 16.: 2001 6 months $250,000 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes X No Identify the goals and objectives for the project: Renovate the entire concession structure to bring it to Code (Fire, ADA, etc.) and expand both the kitchen and restrooms to improve efficiency and address public health/welfare issues. Describe what benefits will be received from the project: Improved structure will be ADA compliant and provide better services to the public. 11. Describe how the effectiveness of the project will be evaluated: Lowdermilk Park is akeady utilized to capacity and this project will just make use a more pleasant experience. 12. 13. Describe how the project enhances. existing County Tourist Development programs: Lowdermilk Park is heavily used by our winter visitors/tourists and, along with the Pier, provides the only public restrooms and concession areas on the Naples Beach. Describe how financial resources will be monitored. Standard project accounting procedures of the City's Finance Department. '---"-'"~G E N DA ITEM JAN 0 9 7001 Collier Count' Tourist Development Council Grant Applieation Page 3 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (X) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) 'Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes ( X ) No ( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes ( ) No ( X ) Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier Count3' beach restorations projects? Yes( ) No(X) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No (X) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( ) No ( X ) JAN 0 9 2001 Collier Count~' Tourist Development Council Grant Application Page 4 · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( ) No ( X ) Is there a potential for an alternative/matching funding source? If "Yes", please identify Yes ( X ) City Operating. Funds No( ) Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes AGE~D~IT~M JAN 0 9 2001 ColIier CountT Tourist Development CounciI Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. S'~n~ture of O~'ganization's Chief O~~r Designee* L~ Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). AGENDA ITE I~. No. ,f/'- ~ J~N 0 9 ~001 Collier CounD, Tourist Development Council Grant Application Page 6 PROJECT BUDGET Demolition Sitework Stmcturai repairs · New construction Subtotal $10,000 23,000 77,500 86,200 196,750 10% contingency 10% architect/engineer costs, permit fees, miscellaneous expenses 19,675 19,675 Total $236,100 Please see attached memorandum and plans AGENDA ITEM JAN 0 9 2001 Memo City of Naples, Florida TO: Dr. Jon Sl~igert Natural Resources Manager FRO'M: RE: 'Don Wirth, Community Services Director ~. ~j T, D. C. Request ' ~ Lowdermilk Park Pavilion/Concession/Restroom Facility ~- Beach Access Improvements - Phase IV DATE: Auqust 11r 2000 1. Lowderrrdlk Park Pavilion/Concession/Restroom Facility. This building serves hundreds of thousands of people annually. The Vast majority of the people are tourists or from the CounD'. The building has deteriorated over time. Restrooms are ADA non- compliant, difficult to maintain and inadequate in size. Condition, location and s:,ze of concession areas raise various health-related issues. The building requires structural upgrades and mechanical and electrical systems replaced. Although major renovation is required, including upgrade and extermion c restrooms and concession areas, the City Council, Community Services Advisory Board and Coquina Samds Property O~xmers Association all agree ~at existing structure and design will be retained. The building w511 be ex':ended to the north by approximately 400 square feet and a new walkway v~51t be placed aromnd the east and north sides. Recently the City Council approved an engineering report and building footprint subrn/tted by Architectural Concepts: Inc., This report included a budget estimate of $250~000 to implement. Beach Access Improvements - Phase IV is budgeted at $50,000 for four sites scheduled for improvement in 2000 - 2001. Those sites are (1) Horizon Way, (2) Vedado Way (3) Via Miramar and (4) 21'~ Avenue South. The type of improvements at these sites includes: renovating walkovers, replacing benches, upgrading landscaping, placement of pavers, adding fence railing, adding showers and water fountains, adding bicycle racks, planting tr~s/palms and repairing curbs. Over twenty-three beach access 'points have been improved the past three years. Attached is a representation of each size and a list of planned upgrades. Attach: 1 .) Footprint for Lowdermilk Park Pavilion/Restroom/Concession Building 2.) Beach Aocess Proposal CC: Kevin Rambosk Z:\don\mem°~S:aiger-T'D'C' R~-~..ues:.doc AGENDA JAN 0 9 200! Stair Pepon to Honorab]e Mayor ~nd ~cmbcr~ of Ci~ Co~c~ Subje~: Lo~e~ P~k P~io~e~oo~Concemon From: Kern ~bo~ Pr~d by: Do~d I Wi~ ~mm~ Dae: J~y 13, 2000 Racomend appr~ . NAPLES CITY COUNCIL Agenda Item~h~. For the Meeting of. 'D~ 1~ I~1'111 P.~'J' Workshop, ~ additio~ to dismissing ~ sol.~ce o£~ncI~ £or ~owdm~Lk ?~k ?a~iio~u~es~oom./ Con~ession B~ld~g In recent years the Lowdermilk Park Paviiion/Restroom/Concession Building has continued to deteriorate. Citizens and tourists complaints are increasing. The restrooms are ADA non compliant, diflScuk to maJnta/n and inadequate in s/ze. Condition, location and size of concession area raise various heakh related issues. Dec'king needs replacement in the Pavilion and access needs to be A.DA compliant. Various and sundry improvements are required throughout the structure. Funding was included in lhe '99-00 fiscal year CIP budget to conduct an engineering analysis of the building and to obtain a recommendation concerning improvements. The Council approved a contract with Architectural Concepts, Inc. to complete the analysis and to develop the recommendation. The selection committee (also served as report review committee) was composed of the following: Clark Russell - Community Service Advisory Board Rex Storter - Representative, Coquina Sands Association Councilman Peter Van Arsdale - Representative, City Council (replaced by Councilman Joe Hems) Don W'lrth - CRy Staff Also meeting with the committee was Kevin Rambosk, City Manager and Chuck Cunha, Facilities Maintenance Supervisor. After the final report was submitted by the committee, the following groups reviewe~ and- approved: the selection and report review committee, the Coquina Sands Association and the Community Se~ices Advisory Board. Each group supported the report subject to future approval of detailed plans and specifications, with the recommendation that the City Council accept the report and then provide funding for implementation. JAN 0 9 2001 Page #2 Staff Memo - Lowdermilk Park Pavilion/Restroom/Concession Building A summary of recommendations in the report are as follows: · That exSsfing structure be renovated, not demolished and rebuilt · That the restrooms/concession/perimeter access and outdoor shower area be extended approximately 25' to the north. · That the existing roofdesi~ma would be modified by creating a ridge for a gable roof between pav[Iion and north addition. · That the preliminary budget estimate, including A&E fees and construction budget be set at $250,000. · That existing framing appeared to be in reasonably good shape, but decay or cortesion will requ'tre renovation. · That mecharfical and electrical systems were found to be of rain/mum service and will be abandoned. · That the building requ'u-es certain structural repairs, and inspections were limited to readily accessible areas. Se, further examination may result in additional requirements Find attached two sections excerpted from the en~neer's report: 1.) Desi_m~ report summary and 2.) Proposed Plan - Addhion/Renovadon to ex/sting general floor plan. Rest of report is available for review. Attach: 1.) Design report summary 2.) Proposed Plan Z:~icrnx~.~T~D *XLowd~milk t~k ? m,z'li~n -R*~om-~on~ ion Bib. doe JAN 0 9 2001 Table of Contents Lowdermilk Park Pavilion Tab One Design Report Summary Tab Two Existing Structure Evaluation Tab Three General Order of Magnitude Estimate Tab Four Floor Plans Tab Five Agency Identification and Correspondence Design Review Report April 17,2000 Architectural Concepts Inc. architects, engineers, planners, intedor designers largo, ft. myers, orlando, fiodda '~GEND-A ITEM JAN 0 9 ZOO1- Lowderrnilk Park Pavilion City of Naples Community Services Department Existing Structure Evaluation Design Report Summary Apdl 17, 2000 Prepared by; Architectural Concepts. Inc. 2164 West First Street Ft. Myers, Florida 33901 941-337-2261 Pursuant to terms and conditions of Archite~ural Concepts Inc. contact with the City of Naples, Archite~ural Concepts Inc. is pleased to present this design report to the Community Services Department. Architectural Concepts Inc. (ACl) was delegated the task of evaluating the.existing Pavifion at Lowdermilk Park. The purpose of this evaluation was ascer~ain the integrity of the stru~ure and its' potential for expansion and / or replacement to meet the current needs of the surrounding neighborhood, and the new program requirements of the Community Services Department of The City of Naples. A kick-off meeting was held on January 27,2000 to discuss the project and the new program requirements. Don Wirth, Chuck Cunya representing the City of Naples attended along with Joe Flannigan f, he pavilion vendor, and representatives from Archite~ural Concepts, Mike Davis and Bo Russ. The Discussions evolved into a program description and scope of work as follows; 1. Expand the existing concession area to address the following requirements; · Expand the existing area to incorporate additional dry and cold storage space within the concession area. · Add Air Conditioning to the concession area. · Add a deep fat fryer to the cooking line. · Add a soft serve ice cream machine. Relocate syrup and CO2 bottles within the concession area. 2. Expand the existing Men's and Woman's Restroom and Changing areas; Pag'~ ! of 2 Add I additional urinal to the Men's Restroom. Add 3 additional water closets to the Women's Restroom. Add diaper chang;,ng stations to the Men's and Women's Restrooms. Add a Family / Unisex toilet and changing room. r---'--- AGENDA ITEM JAN 0 9 ZOO1 · Rearrange the entrance to the Restrooms to prevent the passage of visitors to the restrooms from passing in front of the concession area. · Make the restrooms ADA compliant 3. Add storage areas for the use of City staff. 4. Address ADA compliance issues with the existing structure. 5. Add a Janitor's Closet. 8. Address the existing condition of the structure and advise to the adaptation of the new program requirements. ACi proceeded with the task of evaluating_the existing structure and incorporating the programming requirements described above. ACi ass_e_.mb!ed.its' team. of. Architect_s, Structural, Mechanical, and Electrical Engineers to make a field inspection of the structure and evaluate its' adaptation into its' intended use. The following sections of this report will descdbe the conditions of the structure. ACI determined that the structure was in a condition that would warrant the expansion of the e_~sting structure to meet the needs outlined in the new program requirements. Demolition of the existing structure and the construction-of a new structure would impose an unnecessary finand~al burden on the City. A meeting was held to discuss ACI's .ini.tial.finding.~ and present a ConceptuaI Floor Plan describing the scop~ of work that incorporates the new program requirements. That meeting was held on March 14, 2000. Don W]rth, Kevin Rambosk, Joe Herms, Chuck Cunya, Mike Davis and Bo Russ attended the meeting. A plan similar to the one enclosed within this report was presented and accepted with a few modifications which have, been incorporated into the enclosed plan, The prima .ry concern dudrig the meeting was Department of Environmental Protection's (DEP) interpretation of the FEMA requirements for the minimum finish floor elevation. Currently the structure is below the minimum finish floor elevaf~on requirements estabDshed by FEMA. ACt was requested to review this condition with the City of Naples Building DeParf~nent and the DEP. Enclosed you find correspondence from each of these entities aDowing the renovation. In summation, the solution to the new program requirements presented in this repoA is believed to be the most economical solution. This solution also respects the desires of the local neighborhood in that preserving the existing ambiance of the existing structure be maintained. towderrnilk design report summary.memo Page 2 of 2 AGENDA ITEM NO. I · JAN0 9 2001 Lowdermilk Park Pavilion City of Naples Community Services Department Existing Structure Evaluation Structure Evaluation Apdl 17, 2000 Prepared by; Architectural Concepts 2164 West First Street N. Ft. Myers, Florida 33901 [nO. The design team of Architectural Concepts inc. c_p. Edzzcted a job.site inspectio~t..he .pavilion. The purpose of this inspection was to evaluate the existing structure for expansion considerations, or replacement. The Engineering and Architectural staff found the structure to be maintained in a relatively good co_n. dition. The staff cpuld n6t recommend the stru~ures demolit'Lon as a solution to the new program requirements set fo,Ah by the City of Naples. The staff' of ACI is recommending the expansion of the existing structure. The M_e_chanical and Electrical systems were found to be of minimal service. Since the expansion of s.ru...ure is recommended, 'F..h_ese .s}'stems would be abandoned or removed, and new systems replaced, Therefore, a report of the existing conditions of these systems is not appropriate. · i h..s: repairs consist of areas that have .S.!;ructurally the bui'~ip.g needs.certain-r~_paJrs ~' = - experienced erosion or corrosion over the years. Other areas were improperly designed originally. The following report addresses these items; Structural Observation Report At the time of our site visit the existing framing. appeared to be in reasonably good shape and maintenance. However, I 'hoted several conditions of mild to heavy decay or corrosion as noted below: o Almost all of the steel boltsand tie-down straps are corroding and will need to be replaced with new hot dip galvanized steel. There are two through bolts missing from the perimeter floor beam to pile connection at the Northwest corner that need replacing. One area of the eave near the land side ramp is severely rotted and must be repaired. Page 1 of 3 AGENDA ITEM No. ~ JAN 0 9 2001 The tops of the piles below the restrooms are starting to rot. Some portions of the deck in the restroom have started to rot from the wet conditions there and may have. to be replaced. The top of the main floor beams are rotted or eroded in numerous locations, especially where the bare wood is exposed. The bottom of one perimeter floor beam near the beach ramp connection is rotted at least 1 1/'2" deep. tn many places the steel spacer that .holds the handrail in place has corroded or is missing completely and must be repaired. The wood ledger below the floor joists has rotted or the nails have let go in a few locations. EXISTING STRUCTURE DESIGN CHECK There are several factors on the existing structure that cannot be determined from a surface exam and will have to be determined before .any changes are made or additional 1oa_¢~ar.~LaD~_lied to the existing framing. 1) A tes..ting/grading agency will have to determine the allowable strengths of the e_~ting framing ~._embers. I have assumed pressure treated Southern Pine No. 2 under wet service conditions for my design check. · 2) The strength, depth and Icad capacity of the existing piles must be determined by a soil engineer. 3) The size of all nails, screws and bolts will have to be vedfied by removing some of the existing fasteners during renovation. 4) The sheathing on the eyJsting stud walls will need to be removed to vedfy and check the wall design. The framing design is based on the 1997 Standard Building Code and the 1997 National Design Specification for Wood Construeion. My analysis of the .~...xisting_st~ctural f[amir~g shows that there are s.e_...v_._ez_a!_existing members th.a._t.~i_!!.h_a,ze'to be st..r~ng.t.~ened ~rrepiaced and many connerions th.at ~Jll. need to be stEe.n. gthened to b_l:'LrLg~tbe existing stru=ure up to p.~.e_sgnt building code and wood design criteria as noted below: The connections at each end of the 2x10 floor joists at the open deck area must be strengthened. They currently would be 280% overstressed at full 100 psf design live Icad (approximate live Icad capacity of'21 The ends of the existing floor joists can be supported with new hot dip galvanized (HDG) Simpson U210R hangers. If a 2" Itwt. concrete topping is added, the existing joists must be stiflened with a full lengtl~ P.T. 2)<6 scab with new HDG Simpson HU410 hangers -or- add an additional P.T. 2x10 joist at 16" O.C. between the existing floor joists with a HDG Simpson U210(R) hanger at all new and existing joists. Pagc 2 of 3 AGENDA ITEM .o. JAN 0 9 2001 The existing 2x12 floor beams (neglecting the losses to erosion and rot) are 41% 9ver~tressed, with fiJ. It loading. The floor bearinto-pile connections are 147% overstressed (approximate live Icad capacity of 34 psf). All existing floor beams must be checked for rot or erosion and replaced if more than 1 1/2" of depth is gone. The floor beams must be reinforced with an adciitional P.T. RS 2x12 nailed to the existing member between the piles. The new and existing beams will be supported on new HDG steel angles with four bolts through the pile, The top handrail bolt connection to the piles and intermediate posts is 26% ~sed at full Icad. The remaining steel spacers will need to be replaced with a piede of P.T. 2x4 for spacing the through bolts. The connections of the ramp headers to the posts for the I nd si.~._i~_mp are 99% overstressed. The ramp does not meet handicap code an-h--d~dl be replaced. The hip ddge beam cantilevers over the comer piles are 26% or 188% o..y.~ with full roof live load. The four hip ddge beams will have to be reinforced with a HDG 3/8"x6"x 10'-0" long (may~) steel plate eac~h side bolted through the existing beam at the overhangs. The 4x8 roof beams on the beach side of the flat roof are 23% overstressed at full Icad. The beams will need a P.T. 2x8 scabbed onto the existing beam and new HDG Simpson U66 hangers. The 4x8 roof beam at the Southwest comer of the flat roof is 60% overstressed and the bolted connections are 205% overstressed at full Icad. The existing beam will have to be reinforced with a P.T. 3x8 bolted to the present beam or rep',ased with a new P.T. 4x10 beam. The connection at each end will be a new HDG steel angle with two 3/4" die. bolts. The main roof ridge beam connection to the pile tops is 335% o_ve..r. stre_ssed at full roof Icad. The bolts and steel plates will need to be replaced with new HDG 1/4"x6"x20" steel plates each side and eight 7/8" die. bolts at each pile. The main tat~ra~nd resistance for ~ ~a~vilion is the..piJes and~_ca._p't be vedf._.~ed until more info,,"m, ation is obtained o,~the piles as noted above. These modifications to the existing struc.,tu~e will bring the structure into compliance with ~ cu_r~reo.t_p..uildin'g dories- ' Please note that the i._ns_p~ction of the s_tru~4a4h de~ssibie areas. The inspection was made by non-destructive methods. F.~LP.~~on of areas ~~bJPe_¢j_ur. jzin_g~thi~ection ma~ result in additional requirements. Pag~ 3 of 3 AGENDA ITEM No, f~ ~ JAN o 9 2OOl Lowdermilk Park Pavilion City of Naples Community Services Department Existing Structure Evaluation General Order of Magnitude Estimate April 17,2000 Prepared by; Architectural Concepts 2164 West First Street Ft. Myers, FIDdale 33901 irlc. The following is Architectural Concepts Inc. "General Order of Magnitude" Conceptual Estimate. This estimate is based upon historical data ACI has compiled from other projects. Actual costs may vary from that presented in this estimate. Item Cost Demolition 10,000 Sitework 23,000 Replace existing roof (approx. 75 squares) Repair damaged wood Replace existing railing(approx. 150 If ) Replace existing handicap ramp. Structural Modifications New construeion New Boardwalk (550 sq. ft. ~ $125tsf) (700 sq. ft. @ $ 25Isf) Food Service Equipment (by vendor) Sub - total Contingency @ 10% Total 15,000 10,000 7,500 15,000 30,000 68,750 17,500 00 196,750 19,675 216,425 Soft Costs, A & E fees, permit fees, impact fees are not included in this estimate. AGENDA ITEM JAN 0 9 2001 Department of Environmental Protection Marjory Stoneman Dougias Building Jeb Bush 3900 Commonwealth Bouievard David B. Strutas Governor Tallahassee, Florida 32399-3000 Secretary April 3, 2000 Michael Davis, R.A., NCARB, Director Architectural Concepts Incorporated 2164 West First Street ! - ~..:;.,~ ~;.~,9 ' Fort Myers, Florida 33901 Dear Mr. Davis: CONSL,'LTATION FILE': CNs-CO-155 Location: Lowdermilk Park Pavilion, Naples Your request for consultation review of the proposed addition to the ex3sting park at subject location has been camp]erect based on the plans submitted. The coastal construction control Iine permitting requirements including the requirements o[~ the thirty- year erosion projection pursuant to Subsection 161.053(6); Florida Statutes~ do not apply to any modit~cation~ maintenance~ or repair~to an5, existin. g structure within the limits of the existing l'oundation which.does not requir_e~ involve~ or include any additions to~ o? re~Dair or modification o[~ the ex~foundatio__n of thai structure ........ ~ ............... ' The l~roDQse.d aad~tlon ~s,. howeyet, _~~1 · '~,.x~stlng foundat~_~n and will therefore ~ be exit from the ~..?m~rtmi_re u.~m~e~n~2~lf. Se~m-Ldl~.0~_-_3.,_F~..S. Although there does not appear to be any apparent desig~ incons-istencies in the proposed work a more detailed review of the design will be provided when your application for a permit is received, and additional ,ommenrs may be prox, ided at that time. This consultation does not relieve any individual from any other applica~ale Federal or State law, rules, codes, acts or local ordinance. This consultation does not constitute the approval of the Department. If there exists a conflict between any staff representation and the act, laws, rules, codes or ordinances, then the act, laws, mles, codes or ordinances shall prevail. If you need further assistance, please contact me by telephone at 850/487-4475 extension I46. EOS/kbc Enclosures E. Olu. Sawyerr, P.E. Office of Beaches and Coastal Systems "Prote~ Conserve and Manage Florido's Environment and Natural Resources" Printed Dn recycled paper. .r AGENDA ITEM No. I / ~, JAN o 9 2001 o3/28/00 F.~ 941SST2261 .~RCR CONCEPTS FM ~.~ aci L~RG0 BUILDING & ~.ONiNC~ Di-vI~ION ~arch 2,7', We have reviewed the proposed plan for the modiScation anti addRion !.o the ~u]'~ be ap~r=v'eb 6'~ ~fiiS'-O,ff[&~, ~-b,'wera' a~pr=ved by the Ci~'s Natura~ Resour~ Manager, Dr. Jo~ Stargar, .a~d,r~e ~te, Wtt[[~ L, Overstremt~klA Building Official AGENDA ITEM JAN 0 9 2001 Architectural Concepts, Inc. Co~porate Office.' 10225 Lrtmerto~ Road~ Bktg. 6A ~go~ Flo~ 3~6~1 (727) ~717g (727) ~-4319 - F~x Branch Offices: 2t/;4 W~st F~t Street 222 S. W~te Driv:, Stt/~ 31 t Feat Myerst Florida 33 901 .A~tamon~e Springs, Florida 32714 (94 I) 33%2261 (407) 682-626t (941) 337-4394 - Fax (407) 682-0106 - Fax Memo To: Bo Russ - ACI / Largo From: Michael Davis Date: Ap~J 14, 2000 Subject: City of Naples - Lowdermilk Park Pavilion / #1296 Naples, Florida Here are relevant reviewing agencies for the above referenced project: City of. Naples - Building Department 735 84 SI. $o~h Naptes, Florida 34102 434-46¢0 Bill f,.)verstre~I - A.rchiI¢cI 3olin Shaiger - Natural Resources Dir. 434-4639 434 -4610 E.O. (Otu pron-otmeed 'Lou') Sa~Lwerr P.E.t.. Engineer for Lee & Collier County Department of Environmental Protection Office of Reaches & Coastal System 3800 Covnmo~v~at~ Btvd Tallahassee, Florid~ 32399 850 4§%4475 exit. t46 / 850 48g-5257 (fax) State. of Florida Departxaeat of Business & Prof~sioaat R~ata6oas Div:aion ofHolets & 4100 Center Pointe Drive Suite Ft Myers~ Flor/tin 33916 M_imhet! 800 226-7359 South FtorPda Water Management District 2301 Mc C, re, gor Blvd F{ M?rs, Ftor/da 33901 Palchard Thompson-Super~Ssor Professionall Regulation Dept 941 335-2929 AGENEJA~ ITEj~ JAN 0 9 2001 I '..' I i /x'x, i AGENDA ITEM .o./~ ~_ ~ JAN 0 9 2001 LOWDERt~I_K PAI:II( PAVILION ./ ADDITION ~ ~g, IOYAllON LOWDEFUvlLK PA~ PAVlUON ii AGENDA ITEM JAN 0 9 2001 EXECUTIVE SUMMARY APPROVE A RESOLUTION ADOPTING A CITIZEN PARTICIPATION PLAN THAT WILL GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE-YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. OBJECTIVE: To have the Board of County Commissioners approve a Resolution adopting A Citizen Participation Plan to guide the development of Collier County's five-year Consolidated Plan for the Community Development Block Grant (CDBG) Program. CONSIDERATION: On September 26, 2000, the Board approved submission of an application to HUD for Urban County qualification for participation in the Community Development Block Grant (CDBG) program for fiscal years 2001-2003 (#2000-339). Part of that process is the submission of an application to HUD, as well as the preparation and submission of a substantial document called the Consolidated Plan, a three to-five year strategic plan encompassing community development and housing assistance goals to be addressed through HUD's annual CDBG grants of approximately $2.092 million. Included in the Consolidated Plan is a Citizen Participation Plan. The enclosed Citizen Participation Plan was formulated to conform to HUD guidelines with the assistance of Florida Planning Group, Inc., a consulting finn. It outlines the provisions covering public meetings, public hearings, and the forums which insure that the citizens of Collier County are informed about the opportunities to express their opinions and have input on the proposed projects to be funded, as required by HUD requlations. FISCAL IMPACT: The total amount anticipated to be funded annually by HUD is $2.092 million. GROWTH MANAGEMENT IMPACT: This is a required step towards receiving Community Development Block Grant funds from HUD which can affect several policies and objectives of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Cornmissioners approve a Resolution adopting the Citizen Participation Plan to guide the development of Collier County's five-year Consolidated Plan for the Community Dev~pment Bloc~tSr~l/logram. SUBMITTED BY: ~~, ~ Date: t/ Susan E. Alden, M~ager od ing and Urban Improvement REVIEWED BY: , ~b~'~//'/~__--~-~ Date: ~.--' Greg Mihalic' Di~rector APPROVED BY:/~ 'John M. Dunnuck Ill, lnterim Administrator Date: t/Z.- 7...'7 ~r Community Development and Environmental Services AGENDA Tm: JAN 0 9 2001 RESOLUTION NO. 2001 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUI~EY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and' WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as ifs~t forth fully in this Resolution. BE IT FUROR RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: day of Deputy Clerk By: Approved as to form and Patrick G. White Assistant County Attorney ., 2001 after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CHAIRMAN JAN 0 9 2001 Collier County FLORIDA PLANNING GROUP, INC. · AGENDAITEM ' CONTENTS INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Heating 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE AGENDAITEM "°'--7~/0 JAN 0 9 2001 00-111 Introduction In conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Planning and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. Required by HUD regulation and Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier County for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM JAN 0 9 2001 SECTION 1 PUBLIC MEETINGS Public meetings will be held at various locations including available public buildings, or other locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403-2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan developmeni process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of heatings. They are encouraged to participate in public heatings to obtain their comments. The public heatings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The heatings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan-related proposals, requirements, regulations, and questions. 1. Review of Program Performance Heating & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Performance Heating will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. AGENDA ITEM NO. JAN 0 9 ZOO1 2 2. Community Development Needs Hearing The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HUI staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if any. o Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News 2. Immokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Intemet Website. Notices will be published approximately 10-15 days prior to each hearing. SECTION 5BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SEC lriON 6PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the amount of Community Development Block Grant funds available to the County the eligible range and types of activities for which the funds may be used; the date, time and location of all heatings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and reports, all minutes and records of meetings and hearings, Grant Agreements, monitoring repor ~, v,"~lerrE¥ , 0 39 2001 applications for other programs, Consolidated Plans, Consolidated Annual Performance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The County has, pursuant to HUD regulation 24 CFR 91,505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: ,, AGENDA ITEM 1. The County decides to change the purpose/stated objectives or beneficiaries of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. o The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. 00-111 JAN 0 9 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE SATISFACTION OF LIEN FOR PUBLIC NUISANCE ABATEMENT RESOLUTION 93-319. .OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution NO. 93-319 CONSIDERATION: On September 8, 1993 the Board of County Commissioners adopted Resolution NO. 93-319 assessing a lien for the abatement of a public nuisance in the principal amount of $7,195.00 on the property described as the East 1/4 of Section 13, Township 52S, Range 29E which is owned by Mr. Louis Rusitzky. Mr. Rusitzky obtained the property through a Tax Deed sale in May 1995. Mr. Rusitzky has disputed the validity of the code case stating Code Enforcement identified the wrong parcel. An appointment was scheduled for Mr Rusitzky to review the contents of the file. After this review Mr. Rusitzky agreed the correct parcel was found in violation. On October 1, 2000 the interest on this resolution had accrued to $6,114.13. The County received payment in full of the principal amount of $7,195.00 on October 31,2000. Being that the County was partially responsible for the delay of the final determination of the dispute, staff recommends releasing the interest portion of Resolution NO. 93-319. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be $6.00 and can be paid from the Code Enforcement account. GROWTH MANAGEMENT IMPACT: No impact anticipated RECOMMENDATION: That the Board release the interest and approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on September 8, 1993 by Resolution NO 93-319 recorded in OR Book 1862 Page 2329 of the Official Records of Collier County, Florida. Janet L. Powers, Operations Manager APPROVED BY: Michelle Arnold, Director Code Enforcement /~"~.~?~/.~;'~~'~ Date: / Z'°/" ?'~ d John M. Dunnuck III, Interim Division Administrato~ This instrument prepared by: Robert Zachary Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 01134800502 SATISFACTION OF LIEN KNOW ALL .MEN BY THESE PRESENTS: That the BOARD OF COI~'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 93-319 against: Louis Rusitzky P.O Box 881 Marco Island, Florida 34145 The lien was recorded on September 8, 1993 Official Record Book 1862, Page 2329, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Seven Thousand One Hundred Ninety Five ($7,195.00), plus accrued interest and penalties, if any, and imposes certain obligation against real properly situated in Collier County, Florida, which property is described as follows: Commencing at the East ],,:i comer of Section 13, T52S, R29E, Collier County, Florida; thence along the East line of said Section 13, N 0-02' W 1012.90 feet to the Southerly right of way line of S-837 as described in Deed Book 42, Page 142 of the Public Records of Collier County, Florida; thence along said Southerly right-of-x~ay N 89-47' W57.36 feet to the centerline of an existing canal for a point of beginning: thence along the centerline of said canal S 21-05'-30" W 1779.49 feet to the South line of the N 1/2 of the N % of the SE b,i of section 13; thence along said South line S 89-36'-19" W 94.08 feet; thence NI-52'-30" E 1151.05 feet to the Southerly right-of way line N 42-06' E 551.58 feet, 258.88 feet along the arc of a circular curve concave to the Southeast, radius308.27 feet, chord bearing N 66- 09"-30" E 241.53 feet, S 89-47' E97.11 feet to the place of beginning, containing 12.09 acres more or less and being part of the E 1/2 of said Section 13, less the railroad fight of way. REFERENCE: 20409-005 Collier County, a political subdivision of the State of Florida, by' execution of this Satisfaction of Lien, acknowledges partial payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 1N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman JAN O 9 2001 Pg.. ~ ~ESOLUTIO~ NO. 93- 319 ~ A RESOLUTIO,~I OF THE BOARD OF COUNTY CC:~HISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOP, THE COST OF TIlE ABATEMENT OF PUBLIC NUISA[ICE, I~1 ACCORDANCE wITII ORDI[IA~'~CE 91-47. %~HEREAS, as provided in Ordinance 91-.%7, the direct costs of ~f abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such pro~erty; and ~ co WHEREAS, the cost thereof to the County as to each parcel shall be ~ ~,~ calculated and reported to the Board of County Commissioners, togethcr with a description of said parcel; WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against ~hich made until paid; and ~{EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Asse~sl~en~ after ~hich interest shall accrue at a rate of twelve percent ~12.0%) per annum on any unpaid portion thereof. ~ NOW, THEREFORE, BE IT RESOLVED BY THK BOARD OF COUNTY COM]~ISSIONERS OF COLLIER COU~tTY, FLORIDA, that the property described ~" as follows, and having been abated of a public nuisance after due and proper notice thereof to the o~ner o£ said propert}', is hereby assessed the following costs of such abatement, to wit: ~AME:. LEGAL DESCRIPTION: COST: Gone Fogla Commencing at the East 1/4 $7,195.00 corner of Section 13, T52S, R29E, Collier County, Florida; thence along the East line of said Section 13, N 0'-02' W 1012.90 feet to the Southerly right-of-way line of S-837 9s described in Deed Book 42, Page 142 of the Public Records of Collier County, Florida; thmnce along said Southerly right-of-way N 89'-47' N 57.36 feet to the centerline of an existing canal for a ~L~C~{OF~BEf~I~I~I.N~$-~ thence along the centerline Of said canal S 21'-05'-30" W 1779.49 feet to the South line of the N 1/2 of the N 1/2 of the 8E ~/4 of said Section 13; thence along said South line S ~9°-36'-19" W 9~.08 feet; thence N 1"-52'-30" E 1151.o5 feet to the Southerly right-of-way line of eaid S-837; thence aloqg said right of way line N 42'-06' E 551.58 feet, 258.88 feet~along the arc Of a circular curve concave to the Southeast, radius 308.27 feet, chord bearing N 66'-09'-30" E 251.34 feet, S 89'-47' E 97.11 feet to the place Of bag~nning, containing 12.09 acres more or less and being part of the E X/2 of said Section 13, LESS the railroad right-of-way. C fid 20409-005 ~01134800502 The Clerk of the Board shall mail a notice of assessment of lien to the o~ner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property according to law, unless such direction is Thi~ Resolution adopted after motion, second and majority vote. cm ATTEST: ~6~. BOARD OF COUNTY COMMISSIONERS GD DWIGHT E. BROCK, '~LERK COLLIER COUNTY, FLORIDA co BY: ~U~I' L. SAUNDERS, CHAIR/TAN APP~6VED AS TO .,FOP~ ~ID LEGAL .~3~PFICIENCY: COUNTY ATTORNEY CSce 11 - 1/93 /; EXECUTIVE SUMMARY PETITION C-2000-12, COLLIER COUNTY FAIR AND EXPOSITION, INC., REQUSEST1NG PERMIT TO CONDUCT A FAIR FROM FEBRUARY 2 THROUGH 10, 200 I, ON COUNTY OWNED PROPERTY AT THE COLLIER COUNTY FAIR GROUNDS ON IMMOKALEE ROAD (C.R. 846) NORTH GOLDEN GATE. OBJECTIVE: To provide local entertainment and education experiences to residents and visitors of Collier County. The Collier County Fair and Exposition, Inc., is requesting that the Board of County Commissioners approve a permit to conduct the annual Collier County fair from February 2 through 10, 2001, on County owned property located on Immokalee Road (C.R. 846) North Golden Gate. The applicant is also requesting a waiver of the application fee, occupational license and the surety bond. CONSIDERATIONS: Collier County Fair and Exposition, Inc., made application :o the Board of County Commissioners for a permit to conduct their annual fair. Collier County Fair and ~xposition, Inc., has presented evidence that all the criteria has been met for the issuance of this permit. Sta~; supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the ite after the County fair. FISCAL IMPACT: The applicant's request for $250.00 permit application fee waiver has been granted in past years. Revenues for Fund 113 (Community Development Enterprise Fund) are gens-ated from fees established in the Schedule of Development Review and Building Permit Fees. It is Board poi ~.y that requests for waiver of such fees be granted only by the Board. If a waiver be granted, it is necessary to tr~ ~sfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduc: the annual Collier County Fair and waive the carnival fee, occupational license and surety bond. PREPARED BY RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: s vIC S i, cto JOHN M. DUNNUCK, Ill INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE / -2. '2.7 DATE JAN 0 9 2o01 and EXPOSITION, INC. Collier County Fair Naples, FL 34120 (941) 455-1444 Fax: (941)455-6701 ~"" C O0 , ]. 2i~ August30,2000 Board Of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34103 Attention: Mr, Robert Mulhere Re: Request For County Fair Permit Dear Mr. Mulhere, In accordance with the provisions of Collier County Ordinance No. 75-11, we respectfully submit the following information and exhibits witnessing to our compliance to those requirements and our evidences of such, in the form of a petition to obtain the subject permit. ho 1. Logo 2. Sketch of site showing basic location of activities 3. Board of Directors 4. Evidence of public liability insurance 5. Activity description 6. Letter confirming refuse service 7. Letter for private john use 8. Letter confirming security from Sheriff 9. Letter confirming emergency services 10. Letter confirming fire safety 11. Land lease authorizing use of property located on Highway 846, North Golden Gate 12. State Permit 13. Tax exempt sheet JAN 0 9 2001 Board of County Commissioners August 30, 2000 Page two B. Waiver of Requirements We are requesting the Board of Collier County Commissioners to waive the following requirements of Ordinance #75-I l as you have in the past, because the Fair Association falls under the classification of a non-profit organization. I. Section I item 3.a, Surety Bond 2. Section I item 3.c, Non-refundable Fee 3. Section 1 item 3.d, Occupational License In re,,iew of the request, should an)' questions arise. please do not hesitate to contact me at 455-1444. Collier County Agricultural Fair and Exposition, Inc. TW:asw Enclosures JAN 0 9 2001 from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County-Manager in four (4) copies - accompanied by: a. A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in F16rida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public, liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any cne incident. c. A non-refundable fee of $2.50.00. d. A current occupational license issued by the Collier County Tax Collector, and ~uthorizing the use of his premises for'such carnival activit~ ......... 10) ..Legal description of property to be utilized' e. Including the following information: ~- 1) The name and headquarters address(es) of the carnival exhibition company(ies) with a direct or indirect financial ~nterest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies)~ 2) A description of the every activity to be conducted such as but.not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location.and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department' as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and -Concluded; 9) .Written approval from the owner of~the property CARNIVAL PETITION APPLICATION rs JAN 0 9 2001 NOTE: Please read reverse side "~ '~before completina this Petition. . ..-~ .~_ .~.'.'*- , · ~. copy: Copy: Petitioner Copy: (4) County Original Form: 11/4/75 CARNIVAL OPERATION PETITION ~" C O0 1 ~ ~;' PETITION NO. ~ DATE: 9-15-2000 PETITIONER'S NAME: Collier ~.U_~t~y.~r/i~ltural Fair and Exposition Inc. PETITIONER'S ADDRESS: 751 39th Av. NF. Naples, Florida 34120 TELEPHONE: 941-~55-1444 PROPERTY OWNER'S NAME: Collier County Board of County Commissioner PROPERTY OtfNER'S ADDRESS: 3301 East Tamiami Trail Naples, Florida 34112 TELEPHONE: 941-774-R3~3 LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attached Sheet GENERAL LOCATION: CURRENT ZONING: PUD NATURE OF PETITION: Hwy-846 and North Golden Gate CURRENT USE: Community Use' Nine (9) day permit for Ahnual Fair February 2410, THE FOLLOWING.INFORMATION IS INCLUDED IN THIS PETITION. EXP .LANATION, SEE REVERSE SIDE.) 3.a. ~ 3.e.1) )< 3.e.4) ~ 3.c. X~ 3.e.3) )< 3.e.6) ~- 3.d. y~ Comments: (FOR 3.e.~) )~ ~-~-~). ~ 3.e.9) ~ SIGNATURE OF.PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Conditions of Approval: .Disapproved: SIGNATURE OF COUNTY ~2%NAGER '" ~' 9 U 2001 J/"kl I FROM FAX NO. : D~c. 08 2000 0~: 15PM P2 CHECK I~$ T PLEASE $UB.,b~T THE FOLLO IVI~G DOCUM'E_~_NT~ s. T i~R ,V, srl'g IMPRO~ RIGHT-OF-WAY SIGNATIII~ . JAN 0 9 2001 WASTE MANAGEMENT OF COLLIE. R COUNTY 45O0 E;~¢HAI~E AYEL SERVICE AGREEMENT NON HAT. ARDOWS WAS1 ES ADDRESS COJN~ f .__ , ....... ._ . ~., No. 0 3 ~4 '/j. 9 ~ CUSTOMER ACCOUNT NO ...... F;EASON CODE BILLING NAME .... CITY, ~P~. __ C:OUNTY_ TEL, ~' CoN'rACT__ · ~1 iii iii i i EQUIPMENT/SERVICE SPECIFICATIONS r ....I ......i ..........~ ....~,~' = .....................,' ....... ~' "'I : ~-' [ ~ ........................ ~ ............... ~ ............ - ~ ,.. ~ ' ~I ' I .... ' ......, .... 1 !"~'~ .... ' .... ~ ' ~ .... "' r~-- --i ....................... ~ ..... ~ ................ ~' -- CUSTOMER [~ r~POSlT [ ~EI',IEWAP_..[ F, BILL TO ACC r// DISPOSAL SiTE sI~i;i~DUI.:E OF CHARGES EXiL'3 P~-up Cha~c's Per Yard . $ ........... HglJlir~ per Load .... Oispo~;,l per Lo~ . Tot;I p~r toaJ ~. . Tiili UNDERSIGNED INDIVIDUAL SIGNING 1HIS AGREEMENT ON BEHALF ~,iivery CIm~c ......... $ ...... OF CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ AND Soh¢ccicdcr,~r~: $.,. UNDERSTANDS; THE TERMS AND CONDITIONS OF THIS AGREEMENT, ~ ., ,; ,-~* ~. ._ ON REVKR~E SIDE, AND THAT H~HE HAS THE AUTHORI~ TO SIGN ON ~~~ BEHALF OF CUSTOMER. TERMS: NET 10 DAYS ....... ~TI~[ F) U ~DATE, / 34', 36 FRX N0, 9415495644 WASTE MANAGEMENT OF COLM£R COUNTY 4M~ I~CHANGE AVE. (94,1.) 6,49-2222 · CS4.l) G49,,r~14, SERVICE AGREEMENT N....~N HAF.,a.t=,DC)US VVASZES CUSTOI'vIER ACCOUNT NO. RE^~d)N CODE E FFE,;q'IYE E, ATF_ ....... 7_.~:'. ~..j~. F"- BILLING NAf, AE-- COLINT, Y__ . ~ .... -- " __ "-- II II II I_ EQUIPMENT/SERVICE SPECIFICATIONS TERM .~]LL TO ACCT ~¢ DISPOSAL THE UNDERSIGNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF CUSTOMER ACKNOWLEDGES THAT HFJSHE HAS READ AND UNDERSTAND~ THE TERMS AND CONDITIONS OF THIS AGREEMENT, ON REVERSE SIDE, AND THAT HFJSHE HAS THE AUTHORITY ~O SIGN ON BEHALF OF CUSTOMER, TERMS: HE3 10 DAYS CUSTOIV, ER ,lITLB) SCHEDULE OF CHARGES CONTRACTOR ~:3Ti:io~I~'~EE D' SIGNATUmE) ~ _ ~. F t CGUI' 1- EH'L [ + ' '- r.t 2 COLLIER COI IY GOVE W, NT EMERGENCY SER%qCES DEFARTMEF:T EMS .,' FIRE ~01 E. TA.ML~,II TPJdl. NAPLES. FL -~4112 ~, 941; 774-~460 F.4J< ,'941 ~ ? ?4-8465 1999STATE OF FLORIDA EM'5 PROI IDa-It OF THE YIL4R ^ C~RTIFIED ELT~ C~I? C O-~,C.~L'F,'17: Ann Ward, Fair Director Col}let County Fair Board ~51 39~' A~.enua Naples. F]oric}a 34i20 Dear Ms, W a: cl. Please: .msi~,,r th}s letter as con,rind!on :hat wc wc.~d ;,e mote ta~ happy w pro~.ide Advm~ced Life $~p,:~tx coverage for me Col~ Co~5' 200, Ya~ l' is o~~ ~.de~,~ding t~ ~ Fa~ ~s ,/c~ will ~ bc~s ofcov~g¢ oeed~ each ~y, ~,o woc~ Fdor to ~h¢ F~"s s~[ date. All of~s he~ ~e ded:oa[~ to ~ao~g o~ p~ to he}p ~ Fa/r 8~ ach(eve ~qof~r S~CSSfL.' ~ 5arc C01ii~ Ceunty Fa:ff, If I c~ be of~y ~ ~siat~ce, pleas~ feel free to cower mys:ff~ Cak-~Fi~, ae o~ ot~ce. Diane F]agg, Chief, Collier CourtU Emevs;ency Services ITEM JAN 0 9 2001 BIG CORKSCREW ISLAND .--FIRE CONTROL & RESCUE DISTRICT June 21, 1999 13240 lmmokalce Road Naples, Florida 34120 (941) 348-8006 (941) 455-1204 To The Collier County Fair Board: This letter is to confirm that the Big Corkscrew Island Fire Control & Rescue District will supply fire protection services for the 2000 Collier County Fair. All applicable fire codes will have to be enforced and adhered to for the safety of all concerned. The amount of donation requested for personnel and equipment $100.00 per day. If I or my staff can be of any further assistance, please call (941) 455-1204. Sin rely, a O. ova'k, Fire Chief u JAN 0 9 2001 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 September 8, 2000 Ms. Ann Ward Collier County Fair Board 751 39th Avenue N.E. Naples, F1 34120 Fair Security February 2, 2001 through February 10, 2001 Dear Ms. Ward: The Colher County Sheriff's Office will provide security for the 200 Annual Collier County Fair and Agricultural Exhibit. Security will be per our agreement and contact which will bring the Fair into compliance with Collier County Ordinance, Chapter 8 1/4, Section 5 (2). I look forward to working with you at the Fair this year and if I can be of any further assistance, please call me. DH:jab cc: File Sinc.erely, Don ¥Iunte~, Sheriff Collier County, FL WE SUPPORT WE SPONSOR THE FLORIDA SHERIFFS YOUTH R A home for needy and worthy boys and girls. COLLIER COUNTY JR DEPUTY COLLIER COUNTY EXPLORER P ST #64 THIS LF~SE AGP. E~MEHT is entered into this ay of 1986, betveen the COLLIER COUNI~f FAIR AND AGRICULTURAL F.7.POSIIION, INC., hereinafter referred to ae "LF. SSZE", and ~he ~OARD OF COUNTY COMHZSSIONERS OF COLLIER COUNT~, FLORIDA hsreimafter refereed as "LESSOR", and sets forth the tetl~ az:~l conditiome for utilization of property located in Orangetree, aka North Golden Gate, for the purpose operating a fairground facility. WI TNE SS ETH AKiICLE 1. De=/sed Premises In consideration of the payment of rents, services ~o the cc~=:un£ty &zd facilities provided for co~m~nity use ~:d the performance of the covenants '~reimafter set forth, LESSOR hereby leases to LESSEE and LESSEE hereby rents from LESSOR the property described In E~hibit "A", a~ttached hereto and ~de a p~:~ ~reof, ~d h~reima{~er ~11ed the "Dc=ised Pre=.ses , situated ~ :he C~unty of Collier amd Sta~e cf Florida, for ~he purpose of operating a fair~oumd facility, conslsteo~ with ~he North Golden Cate P.U.D. doc~en~ as recorded ~ the Official Records of Collier County, Official Record Book ~180, ~ages ~561 through 1599. ~is purpose is to be considered a recrea~o~l facility by the Cc~uni~y Development Division of Colli~r Coua~y. ~%iICLE ~. Te~ of Lease Yo have and to hold for a te~ of fifty (50) years, to co=enos 3annerr [5, 1987 and to te~inate on Janua~ 14~ 2037. . ~RTICLE 3. Minimum Rem[ LESSEE hereby covenants and agrees to pay as rent for ~hz De~sed Premises the sun of One Dollar ($1.OO) per annum, all of which shall be due and payable in advance on the date of execution of this Leas~ ARtsemen= by LESSOR. A~TICLE 4. LESSEE'S Default in Paymeat JAN 0 9 2001 In the event LESSEE fa£1s to pay the rental. fees. or charges as cequiced under the provialoos o~ this Lease Agreememt, such faLlura to pay shall const{Cute a de£au~t end LES~O~ '~y, ~t Lt~ option. this Agreement after nlaaet7 (90) days written notice to LESSEE, the default be cured within the notice period. A~TICLE 5. ~odl~Icatlons to Demised Fremises Prior ~o ~ng am7 changes, al:erations, sddlclon~ or to the Demised Premises, other than those sho~ and describe~ In the mite plan a:tached. hereina~te~ re~erred to a~ Exhibit "B", attached bereto and ~de a part hereof, L~SEE ~11 provlde to LESSOR, in vr1~l:g, all proposals and plans 6or alterations, ~provements, changes or additlo~ to ~he De~sed Pre:ises ~or ~SSOR'S ~Itte~ approval, speci~7~g the nature and extent o~ the desi:ed alteration, ~prove:ent, c~nge, addition, along with the contemplated starting a~d co~letlon t~ such p~oJect. LESSOR or itc designee v!11 the: have thirty (]0) days vith~ which to approve or deny ~ ~itlng said request ~or c~ngea, ~r~:en~, alterations or additions. I~ after thirty (30) days :he~m ~s been no response ~r~ LESSOR or its desi~:ee to said p~oposala or plan., then such s~ence shall be deemed as denial to such request of LESS~. If upo~ obtainint ~Itten covert and c~enc~ said alcera~ions, additloas or l~prove=en~s, LESSEE fails to co~plece its work viChb the ~o~leclcn ti~e as approved by LESSOR. LESSOR ~y ac its election complete said chsnges. i~prove:ents, a!ceracions, or additio~. If any coscs are incurred by LESSOR as ~he resulC of LESSEE'S failure to beE~, start or co:plete the' proposed proJcct and by LESSOR'S co~letion of the proposed project, Chen upon de:and sad ~lthtn ~h!rty (30) ~ys of the de~nd, L~SEE shall pay to LESSOR ~he amount of cost l~curred by L~SOR. No election to perfo~ by LESSOR shall constitute waiver covenant or oblt~aclon of LESSEE or any fucure gelauld. " L[SS[[ coyennuis and aKrees in connection vith any ~tntena~ce. repair fork. erection, construction, i~rovemen~, addition or ~l~ers~ion of any authoriced modifications. addltlo~s or improvements to the Demised Premises. Including those described and s~c~ in Exhiht~ "B". to observe and comply with all presen~ and future laws. ordinances, ~les, regula~ions. nod requirements of th~ Unlced Scace~ of ~ricn. SCace of Florida, County of Col~!er, ~nd any and all gover~emcal JAN o 9 2001 ^11 alcszaCiOna, Inl~'covemenCs, end eddY. Clone to sa~d premises shaLX be Mde ~n ~ccord~nce v~ch ~ app~cnb~e ~avs and a~ once. when ~de or ~aeCa~led, be dee~ed ne e~ched ~o the ~reehold and ~o h~ve bec~ p~opert7 o~ LESSO~ and eha~Z re.in Eor the bene~ o~ L~SOR at the end of the te~ or ocher exp~gatlon or Keelnation o~ this Leaae In as g~d ozder ~ cond~tioa as they vere vhen .reasonhie v~z a~ tear ezcepCed; p~ov~ded~ h~ever, ~f pr~o~ to the ce~tnat~on o~ this,L~se, or v~thLn n~net7 (90) data thereafter L~SOR · o d~recCs, ~S~ ehnl~ pro~pc~7 re~ve ~he addlC~oun, i~provemenCs, al~eraCioas, f~Cures and i~tallacions which were p~aced ~=. o~ or the Demised PrOses by L~SEE ~ vhIch are designted In said no~lc,, and repai~ any da~ga occassioned co the Demised p~e~aes by such re~v~ and in default thereof, ~SOR ~y e~ecc said :e~vals and repairs a~ L~SEE'S e~e~e.- ~TICLE 6. Access to D~sed PreSses L~SOR, its duly aucho~zed agents, ~ep~ese~ives and e~loyees, shall Mve'~'he ~ghc, after ~ea~ble notice co ~ESSEE, ~o enter and upon the D~aed PrOses or any parc thereof a~ a~ reason~le Eor ~he pu~ase o~ ~S repairs and ~or ~he purposes of i~sp~c:lon co~lia~ce ~h ~e provisio~ of t~s Msse Agreement. thereof .vithat.~'p~!o~.:;~it~enYconsent. ;of 'L~SOR, except as 'bthe~ise .... provided LESSEE shall have full rights and ~espous~bill~y to contrac~ for ~he perfo~nces, co~cessio~s and uses which are to be conducted ~ the Demised Premlses. · Im the event chat a performes. ac~!vt~7 or use requires that LESSEE sublet the Demised Premises in whole or in part! for a period exceedlng.~.six~(~nths, or any consecutive six (6) month cema, such sublet shall be subject to the te~e and condlcioas of this Agreemem~ aud prlor witten 'approval 'of~gSSOR. which ~pproval shall shall be sublec~ to Ch~'~e'~"an~"c~ndl~i0ns ~ thls"lgreemenC buc shall JAN 0 9 2001 ARTICLE 8. HalDcenanca LESSE£ .hell. et ice eole colt ind Ixpenla, keep ~he PremtEas c~eau. act~accive ~nd ~ good cond~C~o~ iC ~l C~.l. ~[ Dem~Bed ~c=~es ~re uoc ~pC c~lJq~ ~CCcacc~i a~d ~ good co~lou · uch ~o~ce, L~S~O~ =a7 cauca the ~a~ to b~ c~eane~ ~d cotrec~e~ co~atitute .ddi~ionnl rent uhich a~ll be paid by LESSEE utth~ ta~ (10) days o[ rec~!pt o[ ~rltten notice of cost~ recurred by ARTICLE g. [=g~it~ and Insurance LESSEE c~venants and agrees that it ~l defend, protect ~d a~v~ and keep LE~GF. forever harass and ind~i~ie8 agent a~ [r~ -. penalty, d~[~, :nJur~ costs, or c~:gea ~o~ed ~or ~y violation any law or c~d:nance, vF.e:her occaaloned by the neglect o~ L~SgE or those holding u~er L~SEE, and ~C L~S~ ~ a: all t~s defend, protect, th~'e=~:fr and save a~ ~ep habeas ~SOE agnes: and [r~ all claire, loss, injury, costs, da~ge o~ expels a:is~g ~t o~ or from accident or other occurrence ~ or ab~t the De~s~ PreSses causing ~nJury to any perso~ o~ perso~l property ~hosoever ~d ~atsoever, during the te~ o[ this Lease or ~y extension hereof. ~e ~SEE agrees to take cut and ~intain vith a' reputable in.rance c~pa~y, at its cost s~d e~pense. public liability i~urance against property d~ge personal lnJur7 arising ou: 'of or g:~lng on: o[ the use of or occurring on or about the De=ised Premises. The~SSgg ehall~ ~ - - Collier Cou.cy to be pro~id~a"~L~YS[~a~l~'~d~'req~irea by ~u~u:ance cover~ is"'h6t"'~8~l~~ I~ any event, the amount o[ protection af[o:d~d Collier County by LESSEE shall continually reflect a standard covetogs amount as required by tha ~SSOR~$ Risk JAN 0 9_2001 J .... _-.--/.? .... , .... C~lllez Count7 shall be listed aa an additional Insured o~ laid polLc7. All la,urence policies required above shall be issued lad written vLth a compost or companies authorized to enBage Ln the bult~aaa of general liabll~t7 insurance Ln [he State o~ Florida and authoriced to do b~tnee. u~er the lava of the State o~ Florida. vith the ~oll~i~ qualt~icatt~ am to ~nag~enc and financial strength: The company must be rated no 1sea than was se to [£nanctal r~ting in accordance vith the latest edition of BaaL's Key Rating Guide published by A.R. ~eet Co~pany, Inc. (~~a]... prior..Co...~?~c.c~ of the Denl,,~ ~ LESS~ agrees ~o ~ke on changes, or c~cel~tio~s of the i~urance without thirty (]O) data prior written ~tice to ~R. L~SEE shall also ensure that the insurance coverage provided ~ accordance with this Lease shall require t~c the c~pa~ or ¢~pa~es ~i~g such ~surance policy shall provide to LESSOR writtam ~tfce of cancellation ~hlrry (30) days prior to ~he proposed cancellation. LESSOR rese~es the right ~o reasonably amemd the insurance requiremrs by f,~nce of notice ~n writing to LESSEE. whereupon receipt of such mot~ce LESSEE shall have ~hlrty (30) days ~ which to obtain ~ch additl~al insurance. I~ LESSEE cannot obtain required insurance a. stated herein for a p~r~od not to exceed three (3) consecutive years. LESSOR ~y, ac its option, tealhate this Agreemen[ nicer thirty (30) day~ written no~ce to LESSEE, unless the default be cured within the notice period. Under no clrcumscamce ~y LES~E operate tm any capacity no the Denned Pretties until such t~me the required insurance ham beam provided to L[SSOR. JAN 0 9 200l Az~,TICLE 10. UCilitlec sad shell be reap~stble ~or the dlrec~ pa~enc to ~he appropr~te co~pa~7 ~or all utill~les and ~e~lces ~pplied co ~he Demised Praises. such u~ill~le~ ~d ~e~ices are ,vailable bE~SOR ~y requir~ E~5~ ~o boo~ up ~o public wa~ar and sewer lines ac b~SS~E'S expense. ~TI~5 11. Jolt U~e of Demised Premises. LESSEE agrees to all~ L~SOR, at no cos: to LESSOR. to us. D~s~d PreSses, when mot occupisd b~ L~SEE. Such u,e. ~y include, but are no~ l~ted to,.l-~ activities, recrea~ional progr~ ~d educatio~l uses. Prior ~o scheduling of events, LESSOR shall provide to L~S~ ~ ~iti:t a proposed schedule a~ event for LESSEE'S ~itten appr~l ~peclf~mg t~ ~d event to ta~ p~ce. LESiE5 or its desi~e~ ~i theu Mv. thirty (30) ~ys ~ith!: ~lch to approve or deny In ~ting said request for use of De~sed Pre~se~. If after th!rt7 (]0) days there has '~gea =o respo~e fr~ LESSES~ or !t~ designee to said them ~ch s~cnce shall be deemed as denial of such reques~ of LESSOR. L~SEE shall no~ unre~onably uitL%old i~s c:aee~t t~ such requested even~ or sched~llng by L~SOR. LESSOR u!!l i: no ~'ay c:nf!Ic: o: ~.th LESS~'.S activities. L~SEE agrees to ~11~ Coll!~r Ca~n:7 Agrlcuitural Depar:=ent plant tr~ on D~ed ~remls~. Area~ shall b~ agree~ u~c= by both F.rtle~ prior t~ amy p!an~ing an De~ed Premi~c~. Collier ~gricultu=nl D~par~ent a~umes full re~pons!bi!ity ~cr :he and care of ~aid t:~m. The~e tr~cs are to be used for th~ purpo,~m of research and study. LESSOR agre~ to allow th~ LESSEE to u~ all or par~ of th~ faciliti~ and roadway~ cons~ct~d on ~he adJacen[, Caun~y-a~d land. during ~he r~gularly schedul~d Collier County Fair. except in the ~Itu~tlou where fair parking would crcat~ sn undue hardship and int~rfcrtuce with regular business ac~lvities on adJacen~ properties, which case notice will be given to ~he LESSEE, In writing, by the LESSOR. LESSO~ amd LESSEE agree that th~ use of ~he Demised Premlse~ shall be for ~he benefl~ of the gensral public. To better sere the needs o[ che general ~ubltc. LESSEE agrees ~hnc LESSOR ~!y develop approximately five JAN 0 9 2001 (~) ac~ea o~ the De~tsed Prc=iaes with recre~tion~l [acill~lca. exact location oE ~he I~cill~ ~hall be d~tar~lnad b~ ~t~al to: Cot lot~, plc~ic ~acill~ies, pe~k beachee, ~e~c~ have co~c:o~ over the use o{ the ~ac~:t~ea ~th the u~e:at~ta8 that the7 are {or th~ u~e o~ the gene:a~ pub~$c. Said ~act~t~ea a~ be exten~io~ of ocher ~prove~en:s constarted on the DoUsed PrOses ~7 be utilized, vhere appropr~te, to support LESSEE'S ~tivities. LESSOR retains access rights :o e=ce: upon the DoUsed P:e~es ~o: the pu~ose o[ ~intaini~g said recreational faculties. ~7 water retent~ areas, as pa:~ oE ~his recreacior~l [~cilit7 or any part o[ t~ D~se~ Pro=iaea shall be consc~cted vimbin ~wo (2) 7earn fr~ the data of tSe exccucioo of this Lease Agreeme:t. LESSEE and L~SOE a~11 s~:e eq~11~ el! ~incer~nce coals of said lake, such ~te~nce sba~ be penford by the L~SOR. Furthe~:e ~enty five perc~t (25Z) of the ~o~ re~ved f~ the ~ke shsl! belco~ ~o sod be used b7 t~e L~SOg. spoil shall be used o~ the Demised Pre~ses. ~TICLE 12. Defaults by ~ssee Failure of LESSEE ~o cooply ~.~h any provision or covert of ~re~eot sha~ conscitu~e a default. L~SOR ~y, at its opti~, te~ina~e this Agree:so: after oinety (90) days w~i~te~ notice to uoless the default be cured ~i[hin the notice period (or ~ch time as Is reasonably required co correct such default). R~er, occurrence of any of the folleuin~ events shall coosti:ute a default by LESSEE, a~d LESSOR ~y te~ina:e this Lease Agreemeat noCwithstandi~& the provisions of Artlois 12 herein: (a) Abaodo~enc of Demised Premises, revccatio~ or diaeclut~ of char~er, or disc~n~inuation of LESSEE'S operation, excep~ provided for in Article 9 of this Agreement. Fa]sificacion by LESSEE or any officer or authorized a~en~ of LESSEE of any report required to be fuJished to LESSOR pursuant to the corms of chic Lease. In the event o~ thee occurrence of any of the fore~oin~ ~efaulta this Article t2, LESSOR, besides other rights and cemadies It ~ have, 7 JAN o 9 2001 shall have the L~u~ed~ate right to cancel this Lease re~ve all persons sad propert7 {rc~ the Demised ~TICLE 13. Default b~ of any of its obligatio~ hereunder unless and until L~SOE [aile~ to pe~io~ such obligations ~thin thi:t7 ()O) addl:~ooal t~e as i~ teasnoah17 required to co~:ect ~ch notice to L~S~OR br Lg~g ~ope~l7 apeci~yin& ~he~ein L~SOR has failed to pe~o~ any such obligatio~s. ~T:CLE 1~. ~o~ices ~ no~ice which L~R o~ L~Eg ~y be required other party shall be in ~it~g to the other party at the fo~g addresses: Or!zloal to: Collier C~ut7 F~lr A~d Collier County F~nager Agricultural g-~p~aitio~, T~¢. Buildlog "F" P.O. S~ 737 ~pl to: Naples, Florida 33939 Real Property ~oage~enC Depart:not 330~ T~ig~i Trail East Building "D" ~aplea, Florid~ 33962 ~TICLE ~. Surrender of PreSses ifSSEE c~venanta ~4 agree~ :o deliver up a~d ~e~der to possession o~ the De~sed Freezes a~d a~y ~:ov~enta :o the D~sed Premises upon expiratio~ o~ :his Lease, or its earlier herein provided. broo~ clean and In as good condition and ~epai~ as the sa~e shall be ~: the co~ence:e~: of the te~ of :his Lease o: ~7 been put bg LESSOR or LESS[E ~uring the continuance thereof, year and :ear Bud damage by fire or :~e elements beyond ~SSEE'S control excepted. ARIlCLE 16. Coode~atio~ Clause If the whole property of the De~sed Premises shall be taken condemned by an~ competent auChori:~ for any public or quasi-public use or purpose. then in that even: this Lease and the :e~ of :his Lease hereof shall cease and te~inate as to the date upon ~hich the shall vest thereby in such authority sad the re~t hereunder shall be apportioned and paid up to"said date or the date in which LESSE~5 business is ~terially i~paired, ~hicbever is earl:st. JAN 0 9 2001 c .... ~f only s part of the Demised Preautaes shall be no ca~eo or co~demned, thin Lease a~d the t~rm'of this Lease hereo~ 6hall ~ot cease or terminate, but the rent payable hereunde~ after the date on which LESSEE shall be requlred to surrender posaessloo o[ the part at the Dealand ?:emilsea so taken or condemned shall ~e te~uce~ p:opo::ionacely ~erially ~paired, whicherst ls earlier, If the re~:z~ng port los business, LESS~ ~7 cancel :his Lease by no:ifying LESSGR ~ichin (90) days of the ta~ng of all or pot:los of :he De~sed the sotIt's auard shall belon$ :o LESSOR sithour say deduclicn in :he value of the u~expired :e~ ol this Lea~e, or for any c:ker or lzcerea~ In the De~sed Premises ~ow or here~naf:e: ves:eg in LESSEE. all ri~hca, estate, or a~y par: chefsol. NoChing herein czntained shall he conec~ed :o ~e~t the L~SOR to ~ke application cr clair cr receive ~l%k respet: to a~ard ~de for ~ving expenses a~ a~io~a:ce respect to tra~e f~tures mud equipment belonging :o ~y re-coost~cciou required as a result of any taking as cou:euplaced herelu ~hall be a: the sole cost and expense of :he LESSO~ If compensated by the taking authority for said re-coust~ctC~n. This Lease shall be saverued by a~d construed iu accordance vith the Lays of the State of Florida. kRTICLE 17. General Frovisions LESSOR a~d LgSStE recognize that Collier County (~SSOR) acquire4 the Demised Fre~sea through a conveyance ~y the Developer the Orangetree Flashed Unit Development ([o~lly ~o~m a~ ~orth Golden Gate) in accordance ~ith developmeat co~ltmente applicab~e thereto. e[ the Oran~cc:ee P~a~cd Unit Development o: a third party ~y -=~~?F~'".-': ~lann~d Unit O~velo~t (PUP) Document (~ao~ li:th~ ?~ by Sect · :. '>~:.~ .,.?,~.)~,.,~' auch liCi&iC2Oa results &n s req,Jlremenc th3t Collier Cause7 (L£SSOR) ricanray the Demised Premiaea to the Developer, th~s lease shall be terminated l~edlaCely upon luch recooveynnce and LESSEE shall relinquish all rights In said Demi;ed Premises. LESSEE fully nnderst,nda that the police and law enforcement seewrit7 protection provided by lay enforcemcnt ,gentle{ for ths referenced De~{sed ?r¢~i~es in l~ited to Cha~ provided to an~ o~h{r business or agency aicua[ed in Collier County, ~nd ac~led~ea special security ~easure~ dee~ed necessary for ~dditio~l protect!on of ~ha D~ised P[e~e~ ~hall be the ~ole respon~Ibilicy and coa~ of and shall ~volve no coac or ezpen~e co LESSEE expressly agrees for itself, its successor a~ assI~, to refrain from any use of the Destsed Premises which would ~erfer~ or adversely affect the operation or ~incenance of LESSOR'S a~dard f~ctlitlis under one (1) r~f. L~Stt"ahall not c~, or allu to be coal:ted, ~y wa~ta on the Demised Pr~ea, create or allow any nuisance on the Demised PrOses or use or allow the D~ised Prizes ~o be used a~ ~y unln~ul LESSCR shall no~ be required to fu~sh the LESSEE azy faci!i:iea or se~lce~ of any k'~d w~tsoever during the te~ of this Lease, ~ch but not l~ted to, water, electricity, light and po~er, gatdebug outdoor ~lntena=ce. LESSOR shall not be required to ~ke ~y alterations, febwildings, replacement~, changes, additions, l=prov~e=ts or repalr~ during the said ter= of this Lease. %he LESSEE ~ill ~ot incur any indebtedness giving a right of lien on ~he Denised Pre:i~es or upon the LEESEE'S interest uoder the Lease. ~e existence of any such cla~ of lien for a period in ~Ixty (60) days after ~ritten notice thereof to LESSEE or s~xty (60) days after knowledge thereof by LESSEE. shall constitute a material breach of thi~ Lease. UFon knowledge or notice LESSEE ~hall have said claim lien removed of record within sixty (60) days by paying or bondLug LESSEE ~ill cause to be ~lled a Notice of Co~encement ahowing LESSOR partle~ to receive notice~ under the Mechanic's Lien La~. All contract made by the LESSEE for alteration. ImprOvements, reconstruction or repa,r JAN 0 2001 ~he work mh~! become a part o[ the Demined Framlass. A lending Stats of Florida, ~7 succeed to the rights oE the LESSEE tn a pledge of cred:: end ~tl~ ~ot constitute a defau:t under £hie Lease. Upon c~enc~ent of the Initial te~ operate a fair&round facility as described above on the Oem£aed ?r~ses ~n a businesslike a~d reput&ble ~tanner. LESSEE covenants and agrees not to use. occupy. au~£er or pet-~Lt sa~d Denned Pro,nee o~ a~y part chereo~ to be used or occupied [or a~y purpose ot~er C~n described above. ~TICLE 18. Effective Date Thin Leaae Agreement ehall bette e~fecCive upon execution b7 both L!SgOR and IN ~ITNESS VHiUREOF. the partlee hereto have hereunder set forth their Hands and's~als. ~S TO THE LESSOR: ATf~ST: ".. ..... ~"" .., BOARD OF COLTNT~ COM2~I$SIONERS J~F~iiffI/ES,'.ciL":~- COLLLER COUNTY. ~LOR:DA '" ~ MAX A MASSE, JR , Chain · As to LESSOR COLLIER COLrNT~ FAIR ACR:CU ru mosmo., By; ~ ~ '~ ff O~CONNELL, P:eaiden: to LESSEE ( C 0,~'0 RAT E S F_~ L ) Approved as to form and legal sufficiency: Assistant County A;C6rney II JAN 0 9 2001 E.'~H I D iT "O" · : : · o Issue Date 09/30/97 This Certifies That Florida Department of Revenue Consumer's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 09/30/2002 21 - 07- 019575- 70C This Certificate is Non-transferable. DR-14 R. 03197 Type of Organization FAIR ASSOCIATION COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION,INC. 751 39TH AVE NE NAPLES FL 33964-1410 Is Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. L.H. Fuchs Executive Director Florida Department of Revenue Important Facts DR-14 R. 03~97 · Provide all Vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt purchases. dour Consumer's Certificate of Exemption is to be used solely for your organization's customary nonprofit activities. · Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is presented to the vendor and the payment is made directly by the organization. · Purchases made by an individual on behalf of the organization are taxable, even ifthe individual is reimbursed by the organization. Transactions by an exempt organization such as sales or leases of tangible personal property, transient rental or sleeping accommodations, real property, or docking spaces are taxable. The organization must register for sales and use tax certification, and collect and remit sales tax on those transactions. Note: Churches are exempt from this requirement except when they are the lessor of real proped~y (Section 12A-1.070, F.A.C.). · Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE PERSONAL BENEFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION. If you have any questions or need assistance, please contact: Central Registration 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 904-487-4130 JAN O 9 2001 I,~. ¢~'~¢ __ STATE OF FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES TALLAHASSEE (904) 487-4322 FAIR PERMIT No. 0018 November 28, 2000 Application and payment of fee in the amount of $275.00 having been made to the Florida DeparOnent of Agriculture and Consumer Services pursuant to Florida Statutes 616.15, for a permit to conduct a public fair or exposition, and having been determined to be qualified by the Department, this Fair Permit is hereby issued to: Collier County Agricultural Fair and Exposition, Inc. 751 39th Avenue Northeast Naples, Florida 34120 to conduct a public fair or exposition at: 751 39th Avenue Northeast, Naples, Florida for the dates of February 2, 2001 through February 10, 2001. Form420608-099 1/93 BOB CRAWFORD COMMISSIONER OF AGRICULTURE JAN o 9 2001 OCCUPATIONAL LICENSE 2000/2001 RENEWAL NOTICE MAKE CHECK PAYABLE TO: COLLIER COUNTY TAX COLLECTOR 2800 N. HORSESHORE DRIVE.NAPLES, FLORIDA 34104 · J~64~3-2477 THIS LICENSE EXPIRES SEPTEMBER 30, LOCATION: 75]. 39TH AVENUE NE NAPLES9 FLORIDA 3396~ MAKE CHANGES OR CORRECTIONS BELOW ZO ,____~ UST PROVIDE THE FOLLOWING: LEGAL FORM PROFESSIONAL REG. NO. BUSINESS PHONE N OPERATION CHANGE OF LOCATION BUSINESS WITHIN CITY LIMITS RESIDENCE USED AS OFFICE CHANGE OF OWNERSHIP SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COUNT YES [] NO ~ oo ~oT co~n~JE s,o~ ~.~ .E~U~N INDIVIDUAL YES D NO ~ YES ~ NO ~ PARTNERSHIP YES ~ NO ~ CORPORATION YES ~ NO ~ TRAVELXNG SHOWt C ARNI VAL S 813-247-4431 BLU~ GRASS SHOW INC HURPHY9 JAHE5 IPRES! 2032 SOUTH 515T STREET T'AHPA FL 33619-5330 [;uy L, Carlton Co, 11 ier. C,:,unt¥ l'ax Col le,:t.c,r 8/25/2000 DCC._ - 012 PHYLLI$S ,-,o~,,c CARNIVAL- SIDE SHOW OCCL{pa%iO)la], B61043 C~SSlF~ION ~,~u~, ~ ~ '--RETU~ ~T~E Wli~ F~~" I HE~Y ~EC~E THE PRE~I~~RUE~CTUAL TO ~ BEST OF ~K~E~. 0000~[, - OL)[)L)~/Y~ D00J ~K-IN QR POSTMARKED BY: ( ~~T. 3~ I NOV, 1 - NOV, 30 m DEC. ~:~ { JAN. 1 AND A~ER ~ LICE~ ~i CODE .od .oo .oo .oo .oo SE~EMBER 301 I I I ' ' 0180000] / ! iO'O @ 2001 ~.~ FEBRUARY 2nd - !0th, 2001 Collier County Fairgrounds HIG}!WAY ~46, NORTH GOLDE~ GATE NAPLES, FLO~ID~ JAN 0 9 2001 Permit No.. .... STATE OF FLORIDA: COUNTY OF COLLIER: PERMIT FOR CARNIVAL EXHIBITION WHEREAS, the Collier County Agricultural Fair and Exposition Inc., has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, the Collier County Agricultural Fair and Exposition Inc., has presented to the Board suff~ciant evidence that all criteria for the issuance of a permat to conduct a carroyal or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainment of the Collier County Code have been satisfied and that such carreval or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Collier County Agricultural Fair and Exposition Inc., has requested a waiver of the Carnival Fee, Surety Bond and Occupational License; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION INC., to conduct a carnival or exhibition on February 2 through February 10, 2001, m accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ., 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Marjor~ M. Student ASSISTANT COUNTY ATTORNEY g/admin/C-2000-12/cw Chawamn, Board of County Commissioners - AGENDA ITEM '*" JAN 0 9 001 Exhibit "A" Part of Block 489, North Golden Gate, Unit 2, Collier County, Florida All that part of Block 489 of North Golden Gate Unit 2, according to the plat thereof as recorded in Plat Book 9. Pages 29 through 43, Collier County Public Records, Collier County, Florida and being more particularly described as follows: Beginning at the Northwest comer of said Block 489: thence along the Northerly line of said Block 489: South 88'08'24" East 2012.89 feet; thence South 1 '53' 16" West 1184.51 feet: thence North 88'08'24" West 2038.4 feet to the West line of said Block 489: thence along said West line North 03'27'47" East 914.92 feet: thence continue along said West line North 01 '53' 16" East 269.95 feet to the POINT OF THE BEGINWING on the parcel herein described: subject to easements and restrictions of record: (containing 55 acres). Less the following: BEGINNING at the Northwest comer of said Block 489: thence along the Northerly line of said Block 489, South 88'08'24" East 635.75 feet: thence leaving said north line, South 1 '53' 16" West 800.00 feet: thence South 66'02'53" West 423.75:n thence South 1'53' 16" West 200.25 feet: thence North 88'08'24" West 279.78 feet to the west line of said Block 489: thence along said West line. North 3'27'4T' East 914.92 feet: thence continue along said West line. North 1'53'16" East 269.95 feet to the Point of Beginning of the parcel herein described: subject to easements and restrictions of record: (containing 15.0 acres more or less) (Demised Premises Containing 240 acres) AGENDA I~'EM No., JAN 0 9 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REJECT RFP #00- 3158 AND AUTHORIZE THE EXTENSION OF THE CURRENT CONTRACT FOR MANAGEMENT SERVICES FOR THE PELICAN BAY SERVICES DIVISION OBJECTIVE: To provide management services to the citizens of Pelican Bay. ~ONSIDERATION: The Board of County Commissioners approved a recommendation to solicit proposals for contract management services for the Pelican Bay Services Division providing that a staff committee and the Pelican Bay Advisory Board will both review the proposals and provide a recommendation to the Board. Severn Trent Environmental Services, Inc. and Dotrill Management Group provided the only two proposals through the Request for Proposal (RFP) process. The staff Selection Committee reviewed both proposals and recommended Severn Trent Environmental Services, Inc., the current provider. Concurrent with the RFP process, the Pelican Bay Homeowner's Association presented an ordinance amendment that dissolved the Pelican Bay Advisory Committee in favor of a dependent district with elected officials. On November 28, 2000 the Commission adopted this ordinance. As a result of the Commission's adoption, the Pelican Bay Advisory Committee made a determination during its December 6, 2000 meeting that it wouldn't be appropriate to make a recommendation regarding the two proposals since a newly elected Pelican Bay Board would have governing authority over management services. In the interim, the Advisory Committee recommended that the Board of County Commissioners extend the contract with Severn Trent Environmental Services, Inc. on a month-to-month basis until elections are held later this Spring. ,,FISCAL IMPACT: There is no additional fiscal impact. Funds are available in Pelican Bay Water Management Administration, Pelican Bay Right-of-Way Beautification Administration and Pelican Bay Street Lighting Administration. GROWTH MANAGEMENT IMPACT; There is no growth management impact. iRECOMMENDATION: That the Board of County Commissioners reject RFP //00-3158 - Pelican Bay Management Advisory Services and approve the extension of the Severn Trent Environmental Services, Inc. contract on a month-to-month basis, and authorize the Purchasing Department to grant each month's extension as warranted. Ly~M?~Yro~d, ~/u~c~asing Agent Norr0b. n E. Fedcr, Transportation Administrator Steve Carnell, P~chasing/GS Director AGENDA,ITEM No. I/~ ~ t - JAN O 9 2001 Pg.._ \ October 4, 2000 To All Transportation Department Ref~ Executive Summary's Procedures for Transportation Division Staff.' The deadline for submitting agenda items to Dianna Perryman, Transportation Admin, Building D, will be the Wednesday (before 5:00pm) following every BCC meeting unless requested earlier due to Holidays. Every executive summary must have the following information completed before submission to Mr. Feder for his signature. 1. Pink sheet complete. Including correct funding information (Check with Sharon Newman). 2. Proof read for errors. 3. ***** Priority**** Signatures: The Submitters, Director and Supervisor, signatures must be on the every executive summary (unless submitted by department Director). Also, Sharon Newman's initials must be next to the Fiscal Impact, indicating that she has reviewed this portion of your document. (Requirement of Administrator) 4. YOUR EXECUTIVE SUMMARY WILL BE RETURNED IF SHARON NEWMAN HAS NOT INITIALED BY THE FISCAL IMPACT. In an effort to keep an already smooth process going, please adhere to the above procedures. Thank you, Dianna Perryman Admin Assistant Transportation JAN o 9 2OOl , EXECUTIVE SUMMARY REQUESTING BOARD DIRECTION FOR STAFF TO REVIEW THE MILLAGE OF THE LELY GOLF ESTATES MUNICIPAL SERVICES TAXING UNIT (MSTU) BEAUTIFICATION FOR AN INCREASE OBJECTIVE: To request Board's direction for staff to review the current millage rate of the Lely Golf Estates Municipal Services Taxing Unit (MSTU) Beautification for an increase and prepare the necessary ordinance amendment and advertisement for future consideration by the Board. CONSIDERATIONS: The Lely Golf Estates MSTU Beautification Advisory Committee has requested County staff take the necessary steps for the Board of County Commissioners to consider an adjustment in the current millage rate in order to keep abreast with their costs increases. In accordance with the County Attorney's Policy, MSTU ordinance amendments require directed by the Board prior to revision. A millage increase to the MSTU ordinance will require legal review. FISCAL IMPACT: The request' is for an increase in millage from 1.5 mills to 2 mills. With this increase, there would be an additional $37,200 in Revenue generated. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to review the current millage rate of the Lely Golf Estates MSTU Beautification and prepare a recommendation for future consideration by the Board. Also, should MSTU ordinance amendments be required, authorization is approved for the County Attorney's review and ordinance advertisement. Bob P/ot~rser~ Enginee, ,~sc~_.Op~ations Edward J/Kant, P~, ~ran~~Operations ~irector No~an E. Feder, A~P, Transpotation Adminis~ator DATE:/ DATE: /' ?-(-;/ AGENDA ITEM No. ~d~ 1::~,~'_~9~ JAN 0 9 2001 Pg. Lely Golf Estates Beautification Advisory Committee Minutes - Meeting of September 7, 2ooo SUMMARY OF RECOMMENDATIONS & MOTIONS Minutes of August 11~ o Bob Cole moved to accept the minutes as submitted; seconded by Bill Erickson and carded unanimously. TRANSPORTATION OPERATIONS REPORT Bob Petersen advised that the millage for the MSTU is at the maximum of 1.5 mills. By increasing the millage to 2 mills, enough revenue (approximately $148,000) would be generated to replace the irdgation system. A bdef discussion ensued. Bill Edckson made a motion authorizing the preparation of an Executive Summary to increase the millage to 2 mills for FY 2001-02; seconded by Bob Cole and carded unanimously. Four bids for the landscape maintenance were received. Mr. Petemen advised that Val Pdnce did a lot of work in preparing the bid. Documentation was provided and reviewed. Only one contractor was in compliance, which is the current contractor. After a bdef discussion, Bob Cole moved to accept the contract as presented; seconded by Bill Ericksorf and carried unanimously. ' A(~END~ ITEM JAN 0 9 2001 EXECUTIVE SUMMARY AUTHORIZE THE TRANSPORTATION DIVISION TO SOLICIT THE SERVICES OF A CONSULTANT FOR THE PURPOSE OF CONDUCTING A TRANSPORTATION CORRIDOR STUDY OF THE OPTIONS TO ADDRESS THE NORTH/SOUTH TRAFFIC DEMAND SOUTH OF RADIO ROAD INCLUDING BUT NOT LIMITED TO THE POTENTIAL EXTENSION OF LIVINGSTON ROAD. OBJECTIVE: To obtain authorization from the BCC to advertise a Request for Proposal (RFP) for the purpose of conducting Transportation Corridor Study of the options to address the North/South traffic demand South of Radio Road including but not limited to the potential extension of Livingston Road. The study will establish capacity and community needs as they apply to the area south of Radio Road. The Corridor study area will be inclusive of the region west of Santa Barbara Boulevard, east of Airport Road and US 41, north of Rattlesnake Hammock Road, and south of Radio Road. CONSIDERATIONS: Conducting a transportation corridor study will provide the finer level of evaluation necessary to determine needed improvements, viable alternatives and the forum for public participation in developing improvements that meet both traffic and community needs. This RFP authorization request is in response to active community comment and concerns, ongoing efforts of the Community Character Plan, and the county's desire to provide sufficient opportunity for community participation in the development of the county's transportation system and its improvements Currently the county has a Livingston Road from the Collier/Lee County Line to Radio Road under construction or scheduled for construction as a six-lane controlled access facility in the next few years. In providing a parallelfacility to US 41, 1-75, Airport Road and Santa Barbara Boulevard, Livingston Road will provide substantial relief for both existing and projected deficiencies. The need for an additional North/South facility between Radio Road and Davis Boulevard has been an identified need in the Collier County Long Range Transportation Needs Plan. FISCAL_ IMPACT: Project costs are estimated to be $300,000 and will come from District 2 Impact Fee Fund. Funding is not currently budgeted in this project and will be addressed with the executive summary to award the contract for the study GROWTH MANAGEMENT IMPACT: Long Range Transportation Needs Plan has identified a future need for extending Livingston Road south of Radio Road. AGENDA ITEM No. JAN 0 9 2001 RECOMMENDATION: That the Board authorizes staff to advertise an RFP for the purpose of obtaining consultant services to conduct a Transportation Corridor Study of the options to address the North/South traffic demand South of Radio Road. Prepared by: /~/~,,~'_~'./~_.L~ i~---~/'~!~'~I ' Date: /~ '~/~- I~aw~ R./'~/olfe, ,,T'ransportg~n Planning Director" Approved by: ~,~,~~_ ~._ Date: N~m E. Feder, Transportation Services Administrator AGENDA ITEM NO. JAN 0 9 2001 EXECUTIVE SUMMARY AUTHORIZE THE TRANSPORTATION DIVISION TO SOLICIT THE SERVICES OF A CONSULTANT FOR THE PURPOSE OF CONDUCTING A TRANSPORTATION CORRIDOR STUDY OF THE VANDERBILT DRIVE AREA. OBJECTIVE: To obtain authorization from the BCC to advertise a Request for Proposal (RFP) for the purpose of conducting Transportation Corridor Study of the Vanderbilt Drive area. The study will establish capacity and community needs as they apply to the previously identified improvements required on Vanderbilt Drive from 111th Avenue to Bonita Beach Road. The Corridor study area will be inclusive of the region west of US 41, north of Vanderbilt Beach Road and south of Bonita Beach Road. CONSIDERATIONS: Conducting a transportation corridor study will provide the finer level of evaluation necessary to determine needed improvements, viable alternatives and the forum for public participation in developing improvements that meet both traffic and community needs. This RFP authorization request is in response to active community comment, ongoing efforts of the Community Character Plan, and the county's desire to provide sufficient opportunity for community participation in the development of the county's transportation system and its improvements Currently the county has a completed design for the four-lane improvements from south of Bonita Beach Road to south of Wiggins Pass Road including necessary environmental permits. In order to maintain the permits in hand it is necessary to expedite a corridor study at this time. County staff is coordinating with the South Water Management District as to the ability to alter the completed plans as changes may result from the corridor study. FISCAL IMPACT: The corridor study is estimated to cost $300,000 and is budgeted in t-~-~ ~-a~ Im--~a-~ ~:ee District 1 Fund, Project # 69061. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Vanderbilt Drive is currently operating at Level of Service C. Long Range Plan Needs have identified a future need for improving Vanderbilt Drive from a two-lane road to a four-lane road in the next twenty years. AGENDA I.TEM No. ,[~ ~.'"~ _ JAN I) 9 21)01 RECOMMENDATION: That the Board authorizes staff to advertise an RFP for the purpose of obtaining consultant services to conduct a Transportation Corddor Study for the Vanderbilt Drive area. Prepared by: _~,/~_~~~--~./~ Date://-J~¢C~--~ DaWn R. ~/olfe;', Trans~,d)/~lon Planning Director Approved by: '//,~,~;'t, ~-~d'~ Date: /'/~!~,,~ Ndr~an E. FedeX, Transportation Services Administrator / / / / AGENDA ITEM JAN 0 9 2001 PO. A EXECUTIVE SUMMARY APPROVE A BUDGET AMENDEMENT FOR PURCHASE OF A REPLACEMENT TRACTOR MOWER FOR THE IMMOKALEE ROAD AND BRIDGE SECTION. OBJECTIVE: To gain Board approval of a budget amendment to pay for the purchase of a tractor mower for the Immokalee Road and Bridge Section of the Transportation Operations Department. CONSIDERATIONS: On September 12, 2000, the Board of County Commissioners approved Agenda Item 16(B)(6), which authorized a budget amendment for the purchase of a replacement tractor mower for the Immokalee Road and Bridge Section. Staff requested, and the Board approved, rollover of the funds from FY 2000 to FY 2001 to ensure payment for the equipment once received. However, as approval was not granted until close to the end of FY 2000, the purchase orders were closed, the funds did not rollover, and are not available at this time. The equipment was received in October, and the invoice was received shortly thereafter. A budget amendment is needed moving funds from Reserves for Contingency so that a new purchase order can be opened and the invoice processed for payment. ~,~-x, FISCAL IMPACT: The amount needed for the tractor mower is $33,965, and a budget am'-~'~--mndme~ ~-~-1 ~ ~ecessary from Reserves for Contingency of Road and Bridge Fund (101). GROWTH MANAGEMENT IMPACT: There will be no growth management impact as a result of this purchase. RECOMMENDATION: That the Board approve a budget amendment in the amount of $33,965 for the purchase of a tractor mower. SUBMITTED BY: YVtarqu?4 ~K.in_;t, Chricaf Supervisor REVIEWED BY: Ed/~Ka t~i:T~~~tion Operations Director APPROVED BY: l~r~ E. Feder, ]kIcP, Transportation Administrator DATE: 12/28/00 DATE: DATE: AGENDA I~EM NO. JAN 0 g 2001 Pg. EXECUTIVE SUMMARY THAT THE BOARD AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT APPLICATION AND APPLICABLE DOCUMENTS OBJECTIVE: To authorize the Chairman to execute the attached Federal Transit Administtration (FTA) grant application and applicable documents. CONSIDERATION: FTA funds which are to be used for the purchase of vehicles for the provision of transportation services to the elderly and disabled residents of Collier County are made available each year through an application process administered by the Florida Department of Transportation (FDOT). The Local Coordinating Board (LCB) has requested that the Collier County BCC submit an application for these funds to purchase vehicles. As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. FISCAL IMPACT: The total amount of the grant is $336,000. The Federal share is $268,800, the State share is $33,600 and Collier County is to provide a $33,600 match.. Funds for the match will be budgeted in the FY02 Budget process in MPO Fund 126. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board_ authorize the Chairman to execute the attached FTA Section 5310 grant application and applicable documents. Prepared by: ill -~ ?/C'~r], ~ David P~ H~_e~u~i~,~~on Manager Reviewed Daw~',~/~e, Tra,~at~nning Director Approved ~ by: -/ f~.. ~;~"~' Date: No er~ F~ ler, Transportation Services Administrator Date: 12/20/00. Date:/j2~j.~-/>. ~..', ~ / Collier County Board of County Commissioners FY 2001/2002 Federal Transit Administration (FTA) 49 U.S.C. Section 5310 Capital Grant Application for Collier County Community Transportation January 2001 G:hMPO~David Hope'xfy 2001 grants and budgets\.01 FY2001 53101& 5311',5310\.01 Page I Cover 5310.doc P"=LICATION FOR I'_:.~ERAL ASSISTANCE 1. TYPE OF SUBMISSION: B Non-Construction D Non-Construction 2. DATE SUBMFI-FED 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY ~. APeDCANT INFORMAT/ON Lega~ Name Collier County Board of County Commissioners O~n=~/u~ e~oplicant Identifier Federal Identifier Address (give c~/, county, state and zip code) 2800 North Horseshoe Ddve Naples, FI 34104 EMPLOYER ]DENTT~CAI3ON I- - 161ololol 1 181 Collier County, Flodda Name and telephone number of person ~o be contacted on ,,,,,,~.~s involving thi~ application (give area code) David P. Hope, Public Transportation Manager (941) 403-2378 9. NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRATION Purchase of eight (8) replacement paratransit vehicles. Requested Federal funds this Grant $ 268,800. 13 PROPOSED PROJECT 114. CONGRESSIONAL DISTRICTS OF ~ D~. ~m~ ~ I a. Appticant 07'Ol/20Olj 06/30/20021 14 lb. Project 14 ~. ~,~^T~D ,, ~,..~ $ 268,800 :, s~ $ 33,600 ~ $ 33,600 TOT ~L $ 336,000 lfi. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDEr, 12372 PROCESS? a. YES THIS PREAPPLiCAT]ON. APPtJCATION WAS MADE AVAILAIiR..E TO THE STATE EXF_.CUTIVE ORDE~ 123'72 PROCESS FOR REVIEW ON E~ OR F~ROGRAId I, LAS NOT BEEN ..~ BY ~TA TE FOFt REVIEW 17. IS ~ APT~I. ZCANT DELINQUI~NT ON ANY F!~)I~kAL ["-'1 Y~. If "YES' adlzch ~ e:~pL,~at~ { B. T( THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY ALrr'HORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY wI'rH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED, :~. Typed N~u~e of Au!~3~ R~t)r~ient~ive Ja-nes D. Carter, Ph.D. d. Si~z amz'e of Auu~,nzl~l Repmsemaa~e Pm'~io ~s F_.ditim'~ Not Usable lb. Tide Ic. Tel~h~n= number Chairman, Collier County BCC ](941) 403-2400 r. Date Signed · ] No. Authorized for Local Reproduction ] 2 JAN 0 /Ipl:~.~e(~ as to f0m ~ legal ~sufftc~enc~ p~ OPERATING and ADMINISTRATIVE EXPENSES (5310) Name of Applicant Organization: Collier County Board of County Commissioners Date Completed Labor (501) Fringe and Benefits (502) Services (503) Materials and Supplies (504) Vehicle Maintenance (504.01) Utilities (505) Insurance (506) License and Taxes (507) rchased Transit Service "(508) Miscellaneous (Mgt. Fee) (509) Leases and Rentals (512) Depreciation (513) Totals TOTAL EXPENSE (All Applicants) $ 764,842 $ 764,842 ELIGIBLE EXPENSES (5311 &5311(f) Applicants) SECTION 5310 Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) (a) (b) (c) Section 5311 Request (no more than 50% of the Deficit) (d) GRAND TOTAL REVENUES $764,842 A "~m Operating and Administrative Revenue form) (e) No~ If Eh'znd'rom b~oaau (e) ~eeds To~ E~mses (&), reduce SecOon 5311 (d) requ~(d) by rest areowL A(~IENDAJTEM -- No._ I~, (-%~ ~ JAN 0 9 2001-- / OPERATING and ADMINISTRATIVE REVENUE (Section 5310) Name of Applicant Organization:Collier County_ Board of County_ Commissioners Date Completed REVENUE USED OPERATING REVENUES TOTAL REVENUE AS FTA MATCH (All Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services To~ $ 140,475 Total Rur~=lbI $ 61,809 Special Transit Fares (402) $ 103,851 School Bus Service Revenue (403) Freight Tarriffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation revenues (407) Total Operating Revenues $ OTHER REVENUES Taxes Levied directly by Transit System (408) Local Cash Grants and Reimb. (409) $ 227,661 Local Special Fare Assistance (410) State Cash Cash Grants and Reimb. (411) $ 371,521 State Special Fare Assistance (412) Federal Cash Grants and Reimb. (5311) (413) Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenues $ - GRAND TOTAL REVENUES $ 764,842 $ - AGENDA ITEM JAN 0 9 2001 P~,, % FY 2001 Grant application, 5310 EXHIBIT A: Current System Description: FTA-5310 On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of County Commissioners (BCC) be named the CTC on an interim basis and recommended that the day to day coordination activities be carder out by intelitran. This arrangement was approved by the County on April 2, 1999, and approved by the Commission for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the BCC be designated the CTC on a permanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recommended to serve as the management entity on June 22, 1999. The BCC directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the BCC voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Currently, the CTC provides transportation services to the general public through its' management entity intelitran. Service is available seven days per week, 24 hours per day. All service is provided by contracted operators. Service is door to door. Drivers will assist anyone who appears to need assistance, especially the frail and elderly and those who are mentally or physically disabled, from their door to their seat on the vehicle. Drivers will not go into a home and cannot go to rooms of nursing homes or hospitals due to time constraints and liability issues. Office hours are from 7:00 a.m. to 5:30 p.m. Monday through Friday. After hours calls are forwarded to one of the contracted carriers who have actual operations twenty-four hours per day. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 99,000 e~e way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, intelitran. Service is provided by carders under contract to intelitran using vehicles owned by the county and by the carriers. Currently.~ the provider operates 14 mutes and provides back up service with additional vehicles. Safety is a primary concern of all transportation entities. The latest Collier County SSPP, provided by intelitran, is attached. 5 AGi~NDA, ITEM No. JAN O 9 2001 Our current vehicle inventory is supplied elsewhere in this grant application. As can be seen, many of the vehicles presently in the Collier TD Fleet have high mileage on them. The CTC would like to be able to replace eight vehicles. 6 A~NDA ITEM JAN 0 9 2001 AGENDA ITEM Ne ~ ~ (:~r._~ JAN I] 9 200~ CAPITAL REQUEST VEHICLE REQUEST Number Sources of Funding Estimated - FTA GMIS Code Of Requested Options 5310 531 l(f) Either Cost I I Vehicles 11.12.15 8 Modif~cl Vans x $ 336,000 11. 11. i11. !11. VEHICLE SUBTOTAL 336,O00 OTHER CAPITAL REQUEST Sources of Funding Estimated FTA GMIS Code Quantity Brief Description 5310 5311(f) Either Cost 111. 11. ill. !11. ;~. OTHER CAPITAL SUBTOTAL VEHICLE SUBTOTAL $ X 80% = Federal Request $ 336,000 * OTHER CAPITAL SUBTOTALS 268,800 0 =$ 336,000 AGENDA ITEM No. I(~ .~.~ JAN 0 9 2001 Required for Section 5310 EXHIBIT A-1 DATA INFORMATION FACT SHEET PART 1 - For Section 5310 Applicants Only Existing 1 Number of one-way passenger trips provided to eldedy and persons With disabilities (E&D):** Year 81,935 2 Number of individual E&D persons Served: (Unduplicated):* Year 6,159 3 Number of individual E&D persons served requiring wheelchair: Year positions* 6,163 4 Number of vehicles used for this service: 20 5 Number of ambulatory seats: 256 6 Number of wheelchair positions: 26 7 Annual vehicle miles traveled: 950,972 8 Normal vehicle hours in operations per day: 14 9 Normal number of days in operation per week: 6 10 Average trip length: 11.61 * Estimates are acceptable ** See page 50 for definition of one-way passenger trip. Type of Service Expanded 9 1st Time Applicants First Time Applicants A(~I~'NDA..TE M No. i. ~ _~-~ L~' JAN 0 9 2001 EXHIBIT B: Proposed Project Description: FTA-5310 The Collier County Board of County Commissioners is requesting FTA Section 5310 funds in the amount of $268,800 (80%). State match funds in the amount of $33,600 (10%) will also be requested. This will be matched with local funds in the amount of $33,600. Funds from this grant will b, used to purchase replacement vehicles to continue the existing level of service. The vehizles scheduled for replacement have exceeded their useful life and must be replaced if normal service is to continue. These and other vehicles will be used to provide transportation services throughout the county. The vehicles will be leased to providers under contract. Maintenance of these vehicles is the responsibility of the provider and is described in the System Safety Program Plan (SSPP). Section 5310 funding for these vehicles is essential if service is to continue. Collier County currently provides over $500,000 each year to provide paratransit service. The current fleet of vehicles is inadequate due to their age and condition. If this grant is not approved, Collier County may be forced to use some of the Local Operating funds to purchase replacement vehicles. If this happens, trips will be reduced and many passengers may not have access to medical, shopping and other life sustaining transportation. A Budget is provided elsewhere in the grant application 10 A(3ENDA, JT, EM No. / L,, 1.~ ,~ JAN 0 [I 2001 Exhibit C - Public Notice This FTA grant application for section 5310 and/or 5311 will be on the agenda of the Collier County Local Coordinating Board (LCB) for their December 13, 2000 meeting. Additionally, the required Notice of Public Hearing for 5310 applications was published in the Naples Daily News on January 15, 2001. 11 JAN 0 9 2001 COLLIER. COUNTY GOVERNMENT TKANSPORTATION DMSION Transportation Planning Department Metropolitan Planning Organization 2800 North Horseshoe Drive Naples, Florida 34104 Phone 941-403-2400 Fax 941-643-6968 FAX MEMORANDUM TO DATE: December 2, 2000 ~ ~,~T /~/~~ TIME: FAX NUMBER: 263-4703 Ms. Pam Perrell FIRM/DEPARTMENT: Naples Daily News CITY, STATE: Naples, Florida FROM NAME: David P. Hope, Public Transportation Manager DEPARTMENT: Transportation TELEPHONE: 941-403-2378 TOTAL PAGES INCLUDING COVER SHEET: 2 SPECIAL INSTRUCTIONS: Please publish on January 15, 2001. COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 North Horseshoe Drive Naples, Florida 34104 (941) 403-2400 Fax (941) 643..6968 E-Mail: Colliermpo(~colliergov. net BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL CITY OF MARCO ISLAND FLORIDA DEPARTMENT OF TRANSPORTATION December 2, 2000 Ms. Pain Pertell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Dear Ms. Perrell: Please publish the following Legal Notice on January 15, 2001 and furnish proof ofpubhcation to the Metropolitan Planning Organi?ation, Community Development and Environmental Services Building, 2800 N. Horseshoe Dr., Naples, Florida 34104. Please include Purchase Order Number 916859 in the invoice. Billed account number is 001230. NOTICE OF PUBLIC I-I~ARING All interested parties within Collier County are hereby advised that The Collier County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310, and/or Section 5311 of the Federal Transit Act of 1991, as amended, for the purchase of 8 lift equipped modified vans to be used for the provision of public transit services within Collier County. The estimated cost of each vehicle is between $38,000 and $46,000. A Public Hearing has been scheduled on February 1, 2001, 9:00 a.m. at the Development and Environmental Services Building, 2800 N. Horseshoe Drive, conference room "E" for the purpose of advising all interested paxties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing wansit or paratransit operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by tw__.qo days prior to the scheduled hearing. Requests for a hearing must be addressed to David P. Hope, Public Transportation Manager, Collier County Metropolitan Planning Organi?ation, Development Services Center, 2800 North Horseshoe Drive, Naples, F1 34104 and a copy sent to Mr. John Starling, Public Transportation Manager Florida Department of Transportation - District One, P.O. Box 1249, 801 N. Broadway, M. SS. 1-39, Bartow, F1 33830-1249. By: ~ '? ~/~ DavidP. Hope !J Public Transportation Manager co: Dawn Wolfe, Transportation Planning Director "' AGENDA I~EM No. t.I..._~ JAN 0 9 2001 Exhibit D - Coordination The Collier County BCC is the Community Transportation Coordinator (CTC) for Collier County. AGENDA,.I,TE M ' No. JAN O ~ 2001 Exhibit E - Single Audit Act A copy of the Collier County audit is attached as Exhibit E. 14 l-" A(~F. NDA ITEM No._ |L~ f~ JAN 0 ~ 2001 Exhibit F - Protection of the Environment No monies from this application will be used for construction of facilities. Therefore, this application is categorically excluded from environmental assessment or impact statement. 15 JAN 0 9 2001 i,o. Exhibit G- Certifications and Assurances 16 No. 1/, JAN o ~t 2001 Appendix A FEDERAL FY 2001 CERTIFICATIONS AND ASSURANCES FOR FFA ASSISTANCE Name of Applicant: Collier County Board of County Commissioners X The Applicant agrees to comply with applicable requirements of Categories I - XV. (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification I]I. Effects on Private Mass Transportation Companies IV. Public Hearing Ce~fication for a Project with Substantial Impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification. VII. Charter Service Agreement. VIII.School Transportation Agreement. IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification for a Project Involving Financing Costs Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the i~onurbanizcd Area Formula Prograra XV. Certifications for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) i" AGENDA ITEM No._ JAN 0 2'JtJ1 pgo Appendix A FEDERAL FISCAL YEAR 2001 ~rA CERTIFICATIONS AND ASSURANCES Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: James D. Carter, Chairman BY SIGNING BELOW I, James D. Carter, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and admini.qtrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2001. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2001. The Applicant aft'eros the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 etseq:, as implemented by U.S. DOT regulatious, '~Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FlA. In signing this document, I declare under penalties of perjury that the foregoing cextificatious and assurances, and any other statements made by mc on behalf of the Applicant are Ixuc and correct. Signature Date: Name: James D. Carter, Chairman Authorized Representative of Applicant AFFIRMATION OF APPLICANTS ATTORNEY for Collier County Board of County Commissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affn-m that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further alTum to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or merit that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, ff I become aware of circainstances that change the accuracy of the foregoing statements, I will notify the ~hlcant promp~ w~2Y s~form FTA. Signature ]~b{e4~4_ i~_ ~'/'~ ~ ~ Date: Name: Heidi Ashton, Assistant County Attorney Applicant's Attorney Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital or formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN ,,amber in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney dated this Federal fiscal year. 18 i- AOENDA_ITEM No. JAN [I 2001 CERTIFICATION OF EQUIVALENT SERVICE The Collier County Board of County Commissioners certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety is provided in the most integrated setting feasible and is equivalent with respect to: 1. Response Time 2. Fares 3. Geographic Service Area 4. Hours and Days of Service 5. Restrictions on Trip Purpose 6. Availability of Information and reservation capability; and 7. Constraints on Capacity or service Availability In accordance with 49CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under 49 U.S.C. 5310 and 5311 of the Federal Transit Admini.qtration (FTA) funds must file this certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds shall also file the certification with the appropriate state office program. Such public entities receiving FTA funds under any other section of the FTA programs must file the certification with the appropriate FTA regional office. This certification is valid for no longer than one year from its date of filing. Executed this day of ,2001. No Inaccessible vehicles will be purchased with these fund.~ James D. Carter. Chairman, Collier County Board of County Commissioners (name and title of chief executive officer) (signature of chief executive officer) 19 Assistant FCounfj? Attorney - - AGENDA ITEM Hn. I JAN 0 9 2001 Checklist for Application Completeness: Section 5310 Name of Applicant: Collier County Board of County Commissioners The following must be included in Section 5310 grant applications in the following order: YES YES YES YES YES YES YES YES YES NA YES YES NA YES Application for federal Assistance (Form 424, Code 20.513). Operating and Administrative Expenses Form. Operating and Administrative Revenue Form. Current Vehicle and Other Transportation Equipment Inventory Form. Capital Request Form. Exhibit A: Current System Description. Exhibit A-1: Data Information Fact Sheet. Exhibit B: Proposed Project Description. Exhibit C: Public Hearing. Exhibit D: Coordination Contract. Exhibit E: Single Audit Act, and a copy of the latest completed audit, unless already on file in the District Office. Exhibit G: FTA Circular Year 2001 Certifications and Assurances. Certification of Equivalent Service (If non-accessible vehicles are requested) Have copies of this application been submitted to the local clearinghouse agency? Date submitted to local Clearinghouse: 20 -- A(:~E'NbA ITEM No. JAN 0 20Ol EXECUTIVE SUMMARY THAT THE BOARD AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT APPLICATION AND APPLICABLE DOCUMENTS OBJECTIVE: To authorize the Chairman to execute the attached Federal Transit Administtration (FTA) grant application and applicable documents. CONSIDERATION: FTA funds which are to be used for the provision of transportation in a Rural area of Collier County are made available each year through an application process administered by the Florida Department of Transportation (FDOT). The Local Coordinating Board (LCB) has requested that the Collier County BCC submit an application for these funds to continue to provide this service. As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. FISCAL IMPACT: This FY02 grant request of $120,000 will require a 50% "Soft" match. Soft match funds are not additional cash. Soft match is calculated as follows: Total Cost of transportation minus any farebox amount equals the deficit. The FTA reimburses 50% of this amount. However. the soft match amount will be available from funds provided by The Agency for Health Care Administration, Agencies, and County funds to be budgeted for Transportation Disadvantaged trips in Rural areas. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board. authorize the Chairman to execute the attached FIA Section 531 I grant application and applicable documents. David P.. H_o_~pe, P~ic Transportation Manager · / :' ~ //--':- :. /~ I ' Reviewed by: '~, /,~ f, L ¢...¢~ "C ~--~/~ Date: a~n Planrang Dawn ~olfe, Transpo~ Director Approved by' ~'~', .- ; ~;",~ Date: Norman Feder, Transpotation Se~ices Administrator 12/20/00. JAN O. 2001 Collier County Board of County Commissioners FY 2001/2002 Federal Transit Administration (FTA) 49 U.S.C. Section 5311 Grant Application for Collier County Community Transportation January 2001 G:hMPO\David Hope\fy 2001 grants and budgets\.01 FY2001 531q& 5311\5311\.01 Page I Cover 5311 .doc A~_NDA. IT~,IVI~ JAN 0 g 2001 P~ ~ 2. DATE SUBMITTED Appficant Identifier P QPLICATION FOR ~ JERAL ASSISTANCE I1. TYPE OF SUBMISSION: Application Construction I [gNon on. on 15. APPLICANT INFORMATION Praapplicatlon ConstnJction Non-Construction 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY State Application Identifier Federal Identifier Legal Name Collier County Board of County Commissioners Address (give city, county, state and zip code) 2800 North Horseshoe Ddve Naples, FI 34104 5. EM] LOY~ JDF-NTIFICAT]ON N~BER (E3N~ I 1 -t6101010151slsl If {L~n~ioa. ea~er apf~'~una~ leu~'(s) m box(s). A. Ir,~ ~e Award B. Decease Award C. lncz~se Dur~aon D. D~-uas¢ Dur~inn ~ (S[[x:cify) 10. CATALOG OF FEDERAL DOMESTIC RL-vision 'IS'rANCE NUMBER I l101 ols101s TITLE Feder~ Tr~n.~tA~minis~'alfoq ~ 531'1F'r~rarn 12. AREAS AFFECTED BY PROJECT (cities, counaes, sines, etc.) Collier County, Flodda 13' Ps~RO:OSEa~D ~PRD~J ECT 114' o , o oo 1 Name and t~epttone number of person to be contacted on matters involving this application (give area ,code) David P. Hope, Public Transportation Manager (941) 403-2378 L ~a= conl~ll~ lnsU~ of Hi%bo' I.,~arnmg $. Priv~e Um~e~y K. Indian Tribe L. ~ N. omer (Spectra) 9. NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRA TION I 1. DES~VE TITL~ OF RPPtJCANTS PROJECT: To continue Rural transit and paratransit service in Collier County. Requested Federal funds this Grant $120,000 CONGRESSIONAL DISTRICTS OF lb. Project 14 14 15 EET[MATED FUNDING 16 IS AI~P~CATION SUBJECT 3~O REVIE1N BY STATE EXE~ ORDER 12372 PRO(~_~SS? Fe~ $ 120,000 a YES THIS ~CAT~ON, A~PIJCAT]ON WAS MA~E AVAILABLE TO THE b. Au,~cant STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON c. State Dale: O. Local $ 1~;)0,000 NOIr] PROGRAM J$ NCH' COVF..qJ~D By ]~D 1237~ ~. ~ [~] OR PROGRAM HAS NOT BEEN SELECTED ~Y STATE FOR REVIE{~ f. P~o~ram In¢m~ne 17. IS THE APPUCANT DELiN(~RJENT ON AN~ FF~I~ DEBT? a.~o~AL $ 240.000 l--J ~,. "'~"'~=~"~,~, I;-'1 '~ ~B. TO T.E ~EST OF MY ~OW~ED~a AND ~EUE~ ^.. OAT~ ~. ~IS A..UC*T~O. P.~.^~T,O. ~E mUE A.D CO..~CT. TH~ DOCUUENT .~S ~E~. ~UCY Type~ Name of Aulhoriz~l Repmsen~vc James D. Carter, Ph.D. Signmum of Authorized Repmseatauve Prorio ~s F=difions Not Usable b. Tide ic.Telephone number IChairman, Collier County BCC 1(941 ) 403-2400 Ie" ;a;V'=A~NDA ITE~ .o. I Authorized for Lo~l Reproduction ~m~ ~ OMS c~ A-,~ 2 P. ~ / Assi~iCouni~ AttTrn~ .... OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant Organization: Collier County Board of County Commissioners Date Completed 12/14/2000 TOTAL EXPENSE (All Applicants) ELIGIBLE EXPENSES (5311 &531 l(f) Applicants) Labor Fringe and Benefits (501) (502) Services (503) Materials and Supplies (504) Vehicle Maintenance (504.01) I.~tilities (505) Insurance (506) nse and Taxes (507) ,rchased Transit Service "(508) $ 1,738,278 $764,842 Miscellaneous (509) Leases and Rentals (512) Depreciation (513) Totals $1,738,278 $764,842 SECTION 5311 AND 5311 (f) GRANT REQUEST Operating Expenses Shared by FTA Farebox Revenue C, perating Deficit (operating expenses less revenue) $ 301,809 (a) $ 61,809 (b) $ 12o,ooo (c) Section 5311 Request (no more than 50% of the Deficit) 120,000 (d) ,..,4ND TOTAL REVENUES $ 1,738,278 (e) om Operating and Administrative Revenue form) Note: If Grand Total Revenues (e) exceeds Tot~tl Expenses (a~ reduce SecUon 5311 (d) request (d) by that a~tounL 3 · JAN092001 OPERATING and ADMINISTRATIVE REVENUE Name of Applicant Organization:Collier County_ Board of County. Commissioners Date Completed._!,~~ REVENUE USED OPERATING REVENUES TOTAL REVENUE AS FTA MATCH (All Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services ro~.= $140,475 ro~.~ra=(bl $61,809$ 61,809 Special Transit Fares (402) $236,025 School Bus Service Revenue (403) Freight Tarriffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation revenues (407), Total Operating Revenues OTHER REVENUES Taxes Levied directly by Transit System (408) Local Cash Grants and Reimbursements (409) $517,412 $ 120,00o Local Special Fare Assistance (410) State Cash Cash Grants and Reimbursements (411) $844,366 State Special Fare Assistance (412) Federal Cash Grants and Reimbursements (413) $ - 120,000 Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenues GRAND TOTAL REVENUES $1,738,278 $ 301,8{ JAN 0 9 2001 pg. ,~' FY 2001 Grant application, 5311 EXHIBIT A: Current System Description: FTA - 5311 On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of County Commissioners (BCC) be named the CTC on an interim basis and recommended that the day to day coordination activities be carder out by intelitran. This arrangement was approved by the County on April 2, 1999, and approved by the Commission for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the BCC be designated the CTC on a permanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recommended to serve as the management entity on June 22, 1999. The BCC directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the BCC voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Currently, the CTC provides transportation services to the general public through its' management entity intelitran. Service is available seven days per week, 24 hours per day. All service is provided by contracted operators. Service is door to door. Drivers will assist anyone who appears to need assistance, especially the frail and elderly and those who are mentally or physically disabled, from their door to their seat on the vehicle. Drivers will not go into a home and cannot go to rooms of nursing homes or hospitals due to time constraints and liability issues. Office hours are from 7:00 a.m. to 5:30 p.m. Monday through Friday. After hours calls are forwarded to one of the contracted carriers who have actual operations twenty-four hours per day. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 99,000 one way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, intelitran. Service is provided by carriers under contract to intelitran using vehicles owned by the county and by the carders. Currently, the provider operates 14 routes and provides back up service with additional vehicles. Safety is a primary concern of all transportation entities. The latest Collier County SSPP, provided by intelitran, is attached. Our current vehicle inventory is supplied elsewhere in this grant applical tOnNo. ,/(~ {_ t~? 7 JAN o 9 2001 Pg. (~ ..~ o o JAN 0 9 2001 Pg. 2 Required for Section 5311 EXHIBIT A-2 DATA INFORMATION FACT SHEET PART 1 - For Section 5311 Applicants Only "First time applicants complete right hand column only" Number of one-way passenger trips** Year Number of individual served .amber of vehicles used for this ~ervice: Number of ambulatory seats: Number of wheelchair positions: Total annual vehicle miles traveled: Normal vehicle hours in operation per day: Normal number of days in operation per week: Average trip length: Total Existing 99,921 7,511 24 256 26 1,159,722 14 6 11.61 Type of Service Immokalee 12,674 953 1 22 2 47,268 11 6 3.73 1st Time Applicants Total * Estimates are acceptable ** See page 50 for definition of one-way passenger trip. 7 'A - JAN 0 9 2001 FY 2001 Grant application, 5311 EXHIBIT B: Proposed Project Description: Funds from this Section 5311 Grant (FM204789-1-84-01), if awarded, will provide operating revenue to maintain our Circulator service in Immokalee. We will invoice the grant on a "per hour" basis. The Circulator provides hourly deviated fixed route service to the general public. The route provides access to a variety of shopping and medical facilities as well as offering many low income and disabled passengers necessary mobility. This service has been very successful. Actual ridership has exceeded estimates by over 50% from July - November, 2000. Ridership is expected to increase again once our Shuttle from lmmokalee to Naples is available. Once this link is established, passengers may travel cross-county for employment, medical and other purposes. The Circulator service in managed by our contracted management entity, intelitran. Service is provided by Checker Cab. Checker provides drivers and maintains the vehicle used in Immokalee. These requested FTA funds would allow this proven service to continue. Without funding it will not be possible to continue this valuable service. 8 JAN 0 9 2001 Exhibit C - Public Notice This FTA grant application for section 5310 and/or 5311 will be on the agenda of the Collier County Local Coordinating Board (LCB) for their December 13, 2000 meeting. Additionally, the required Notice of Public Hearing for 5310 applications was published in the Naples Daily News on January 15, 2001. No. / L,~ fly J~,N 0 ~,: 2ool COLLIER COUNTY GOVERNMENT TRANSPORTATION DIVISION Transportation Planning Department Metropolitan Planning Organization 2800 North Horseshoe Drive Naples, Florida 34104 Phone 941-403-2400 Fax 941-643-6968 FAX MEMORANDUM TO DATE: December 2, 2000 ~T TIME: FAX NUMBER: 263-4703 Ms. Pam Perrell FIRMf DEPARTMENT: Naples Daiiv News CITY, STATE: Naples, Florida FROM DEPARTMENT: TELEPHONE: NAME: David P. Hope, Public Transportation Manager Transportation 941-403-2378 TOTAL PAGES INCLUDING COVER SHEET: 2 SPECIAL INSTRUCTIONS: Please publish on January_ 15, 2001. J~'" AGF. NI~A J~'-'~ / JAN I~ B 2gg~J COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 N~th Homeshoe Ddve Naples, Florida 34104 (941) 4O3-24OO Fax (941) 6436968 E-Mail: Colliermpo~)colliergov. net BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL CITY OF MARCO ISLAND FLORIDA DEPARTMENT OF TRANSPORTATION December 2, 2000 Ms. Pam Pertell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Dear Ms. Perrell: Please publish the following Legal Notice on January 15, 2001 and furnish proof of publication to the Metropolitan Planning Organization, Community Development and Environmental Services Building, 2800 N. Horseshoe Dr., Naples, Florida 34104. Please include Purchase Order Number 916859 in the invoice. Billed account number is 001230. NOTICE OF PUBLIC HEARING All interested parties within Collier County are hereby advised that The Collier County Board of County Commissioners is applying to the Florida Depa~itent of Transportation for a capital grant under Section 5310, and/or Section 5311 of the Federal Transit Act of 1991, as amended, for the purchase of 8 lift equipped modified vans to be used for the provision of public transit services within Collier County. The estimated cost of each vehicle is between $38,000 and $46,000. A Public Hearing has been scheduled on February 1, 2001, 9:00 a.m. at the Development and Environmental Services Building, 2800 N. Horseshoe Drive, conference room "E" for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransi/operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by two da..vs prior to the scheduled hearing. Requests for a hearing must be addressed to David P. Hope, Public Transportation Manager, Collier County Metropolitan Planning Organization, Development Services Center, 2800 North Homeshoe Drive, Naples, F1 34104 and a copy sent to Mr. John Starling, Public Transportation Manager Florida Department of Transportation - District One, P.O. Box 1249, 801 N. Broadway, M. SS. 1-39, Bartow, F1 33830-1249. By: ¢'?~ ~/~1~ DavidP. Hope ~ Public Transportation Manager cc; Dawn Wolfe, Transportation Planning Director Exhibit D -- Coordination The Collier County BCC is the Co~ity Transportation Coordinator (CTC) for Collier Co~ty. 11 No..~__~ ' JAN 0 9 2001 pg. 15 · Exhibit E -- Single Audit Act A copy of the Collier County audit is attached as Exhibit E. 12 JAN 0,9 2001 Exhibit F -- Protection of the Environment No monies from this application will be used for construction of facilities. Therefore, this application is categorically excluded from environmental assessment or impact statement. 13 Exhibit G - Certifications and Assurances 14 Appendix A FEDERAL FY 2001 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: Collier County Board of County Commissioners X The Applicant agrees to comply with applicable requirements of Categories I - XV. (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification Ill. Effects on Private Mass Transportation Companies IV. Public Hearing Certification for a Project with Substantial Impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification. VII. Charter Service Agreement. VIII.School Transportation Agreement. IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification for a Project Involving Financing Costs XII. Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Formula Program XV. Certifications for the State Infi'astmcture Bank (Silt) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) ia o,2oo, I Appendix A FEDERAL FISCAL YEAR 2001 FTA CERTIFICATIONS AND ASSURANCES Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: James D. Carter, Chairman BY SIGNING BELOW I, James D. Carter, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicanfs compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2001. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2001. The Applicant atTarns the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq_., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Date: Name: James D. Carter, Chairman Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY for Collier County Board of County Commissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant, I hereby affuma to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify the A~plicant proml~ly, which may so inform FTA. Signature ~~ ~'~ ~'/'~ ~'%,__-~ Date: ' Z-//' V/00 Name: Heidi Ashton, A~sistant CdunW Atto-racy Applicant's Attorney Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active c n 'lie~u,o~ project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney dated this Federal fiscal year. NO.- - ~~.~ .JAN 0 9 2001 Required for: Section 5311 Section 5333(b) Assurance The Collier County Board of County Commissioners (hereinafter referred to as the "Recipient") HEREBY ASSURES that the "Special Section 5333(b) Warranty for Application to the Small Urban and Rural Program has been reviewed, and certify to the Florida Department of Transportation that we comply with its provisions and that all its provisions will be incorporated into any contract between the applicant and any sub-recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FTA Section 5311 program. Dated: James D. Carter, Ph.D., Chairman, Collier County BCC (name and title of chief executive officer) (signature of chief executive officer) Apprpvfd as to for~! ~- ELIGIBLE SURFAGE T~NSPORTATION AND ~BOR REPRESENTATION 1 2 3 4 Applying Agency and Section 5311 Recipients Other surface Public Union Representation of Description of Project in Service Area (May be Transportation Providers Employees identified in "none") m Service Area (May be Columns 2, and 3, if any "none") (May be "none") i None Collier County Board of Collier County ~ County Board of County Naples Trolley. Commissioners. Commissioners. Greyhound To continue Rural transit and paratransit in Collier County. (Federal funds requested, $120,000.) , Checklist for Application Completeness: Section 5311 and 5311(f) Name of Applicant: Collier County Board of County Commissioners The following must be included in Section 5311 grant applications in the following order: YES Application for federal Assistance (Form 424, Code 20.513). YES Operating and Administrative Expenses Form. YES Operating and Administrative Revenue Form. YES Current Vehicle and Other Transportation Equipment Inventory Form. NA Capital Request Form. YES Exhibit A: Current System Description. YES Exhibit A-2: Data Information Fact Sheet. YES Exhibit B: Proposed Project Description. YES Exhibit C: Public Hearing. YES Exhibit D: Coordination YES Exhibit E: Single Audit Act, and a copy of the latest completed audit, unless already on file in the District Office. Exhibit F: Protection of the Environment (if applicable) Exhibit G: Completed Certification and Assurances for FY 2000. 5333(b) Assurance & Eligible Surface Transportation & Labor Representation YES YES YES Items required for Section 5311 (f), (Intercity Bus Services) proposal applications: NA NA NA NA NA YES Separate Operating and Administrative Expenses Form Separate Operating and Administrative Revenue. Form Separate Exhibit A: Current System Description Separate Exhibit A-2: data Information Fact Sheet Separate Exhibit B: Proposed Project Description Have copies of this application been submitted to the local clearinghouse agency? Date submitted to local Clearinghouse: 18 EXECUTIVE SUMMARY APPROVE A BUDGET TRANSFER FOR THE CONTINUATION OF LANDSCAPE IMPROVEMENTS ON DAVIS BOULEVARD (SR 84) FROM COUNTY BARN ROAD WEST FOR APPROXIMATELY SIX HUNDRED FIFTY FEET. OBJECTIVE: To present a landscape proposal to the Board of County Commissioners and to seek approval of the necessary funding to implement that proposal. CONSIDERATIONS: On June 27, 2000 (Agenda ltem 10(I)), the Board of County Commissioners directed staff to follow up on the Phase II landscaping of SR 84 to complete the segment all the way to County Barn Road. The easterly 650' had not been improved as a consequence of the FDOT permitting requirements at that time. Staff issued a Work Order to McGee and Associates, Inc. (McGee), with direction to provide an improvement plan for the remaining 650'. The initial plan presented for staff review was deemed to be too costly to implement as a single task; therefore, McGee was requested to provide a revised plan that would permit a graduated implementation plan. McGee has provided a revised plan that consists of four alternatives (Attachment No. 1). The initial alternative provides for additional ground cover and turf. The next incremental alternative includes filling in an existing gap in the curbing and adding a Ixee canopy. These two initial construction stages do not require any fill material nor do they require the replacement of any existing curbing. There are two additional alternate increments: the first adds fill and replaces existing curbing with a different type of curb more amenable to a long-term installation; the final stage provides for full irrigation of the newly-planted area. While the implementation of Alternative Nos. 1 and 2 will provide for a nicely improved landscaped area, it will not meet the same specification as the area akeady planted to the west. To do so will require the implementation of all four alternatives.~ The cost estimates for this graduated plan is detailed below: Alternative Estimated Cost Cumulative Estimated Cost 1 $37,000 $37,000 2 $19,000 $56,000 3 $45,000 $101,000 4* ($9,000) $92,000 * Alternate 4 deletes the requirement for hand watering and a significant amount of sod, thereby reducing the overall cost if all four Alternatives are implemented at one time. Because of the requirement to change the curb type, the alternatives are not all cumulative after the implementation of Nos. 1 and 2. Staff recommends that all four alternatives be implemented to assure consistency with the existing landscape improvements to the west. FISCAL IMPACT: Funds in the amount of $92,000 will be made available via Budget amendment from the Ad- Valorem Tax supported Unincorporated Area General Fund MSTD. GROWTH MANAGEMENT IMPACT: None AGENDA ITEM JAN 0 9 2001 RECOMMENDATION: That the Board approve staff recommendation for implementation of the initial stages of the proffered landscape plan;/appro~ the necessary Budget Amendment; and, authorize staff to process any documentation necessary to c ' oue ~ard's direction. " DATE:////z-i~/dfi / SUBMITtED BY: y ~,~//~f~j. Kan~/~///ansportation Operations Director / APPROVEDBY: ,'t /,~,~ rag~'-" DATE:, l~o: nan E. Fc'd~ AICP, Transportation t~ dministrator Attachments: N/. - Reduced size plan showing implementation alternatives AGENDA ITEM NO. JAN 0 9 2001 ['[ACHMENT NO ..... / / OF / EXECUTIVE SUMMARY APPROVE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY HOLE MONTES, INC., FOR IMMOKALEE ROAD SIX-LANING DESIGN FROM U.S. 41 TO 1-75, PROJECT NO. 66042. OBJECTIVE: To receive Board's approval of the negotiated contract for Professional Engineering Services by Hole Montes, Inc. for the Immokalee Road design project. CONSIDERATION: On June 13, 2000 the Board authorized staff to begin contract negotiations with the top ranked finn for Professional Engineering Design and Permitting Services for the Immokalee Road widening project (RFP #00-3057). Staff began negotiations with Hole Montes, Inc., the number one ranked firm and has successfully completed the scope and cost of the design and permitting services with Hole Montes, Inc. It is anticipated the design and permitting will be completed in nineteen (19) months for a total cost of $1,973,375. ~FISCAL IMPACT: The total amount needed is $1,973,375.' Funds in the amount of · ~ $500,000 is currently budgeted in the Gas Tax Fund. A Budget Amendment is needed to transfer funds in the amount of $1,473,375 from the Road Impact Fee District 1 Reserves and appropriate in the project. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 66042) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the standard County Professional Services Agreement and approve the necessary Budget Amendment. SUBMITTED ,~/K ~ L~ LySu~f R. Thorpe, P.E., Project Manager TE & CM REVIEWED BY: arl~P.E.~ K Interim Director. PUED DATE:/z//'-/ DATE: REVIEWED BY: Mitch Riley, P.E. Interim Director, TE & CM DATE: e, GE O JAN 0 9 2001 / REVIEWED Steve ~amell, v APPROVED BY: D~~~eneral Services No~an Feder, Administrator T~ansportation Division DATE: AGE IT .o,_ ~~? JAN o 9 2OOl EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 91-1763 FOR PHASE IV ENGINEERING/ENVIRONMENTAL SERVICES WITH WILSONMILLER, INC. FOR THE GORDON RIVER EXTENSION BASIN STUDY (County Project No. 31005) OBJECTIVE: Approve an Amendment to an Agreement with WilsonMiller, Inc. (formerly Wilson, Miller, Barton and Peek, Inc.) to perform Phase IV engineering/environmental services under RFP 91-1763 for the Gordon River Extension Basin. This modeling information will be used to develop proposed stormwater management facility improvements in future phases of the development of the Gordon River Extension Basin Study. CONSIDERATIONS: On April 7, 1998 [Agenda Item 16(B)(5)] the Board of County Commissioners approved the Agreement for the Gordon River Extension Basin Study - Phase III which was for additional data collection efforts in the development of the Gordon River Extension Basin Stormwater Master Plan. Two previous amendments to this Agreement were for budget increases to cover additional work effort and increased scope items. The proposed phasing and status of the project is a follows: Phase I Phase II Phase III Phase IV Phase V Phase VI Phase VII Initial hydrologic/hydraulic model development by the Big Cypress Basin (Completed) Initial data collection by the County Pollution Control Department (Completed) Additional data collection by the consultant firm of WilsonMiller, Inc. (Completed) Detailed computer modeling, engineering/environmental assessment, development of multiple alternative solutions (This Agreement Amendment) Selection of preferred alternatives, environmental permitting, easement acquisitions (Future) Preparation of detailed construction documents and funding arrangements (Future) Construction of facilities (Future) The full scope of work for RFP 91-1763, which originally included the work listed in Phases I through VI was reduced to include only the Phase III (Additional Data Collection). However, the firm of WilsonMiller, Inc. performed the Phase III work in a very satisfactory manner, and staff recommends amending the current Agreement to include the Phase IV work. Note in this Amendment to implement Phase IV that, at the recommendation of staff, a new sub-consultant, Camp, Dresser and McKee, Inc. has been brought into the study team to provide improved computer hydrologic and hydraulic modeling capability. As each phase of this project is successfully completed, staff will review the work product and determine whether to amend the Agreement to include the next phase or to seek other professional consultant assistance. JAN 0 g 2001 Executive Summary Gordon River Ext. - Phase IV Amendment No. 3 to Agreement No. 91-1763 with WilsonMiller, Inc. Page 2 FISCAL IMPACT: Funding in the amount of $370,000 is available in the 1981 Water Management CIP fund. Source of funds is Ad Valorem taxes GROWTH MANAGEMENT IMPACT: The development of the Gordon River Extension Basin Study is consistent with the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Amendment No. 3 to Agreement No. 91-1763 for Phase IV Engineering/Environmental Services with WilsonMiller, Inc., authorize the Stormwater Management Department Director to sign for the Board, and acknowledge that future phases of the Gordon River Extension Basin Study may be undertaken in future amendments to the Agreement. SUBMITTED BY: 55;~',ff~4 Date: Robert C. WileS;, P.E. Stormwater Management Senior Project Manager REVIEWED BY: St~ph~n x~. Camell Purchasing Director Date: REVIEWED BY: REVIEWED BY: JotXff H. Boldt, P.E., P.S.M. Stormwater Management Director Norrhan Feder Tra,nsportat]on Division Administrator Date: Date: //? -Y/-cx~ JAN 0 9 2001 EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS, INC. FOR THE WIDENING OF AIRPORT-PULLING ROAD FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD. COLLIER COUNTY PROJECT # 62031; BID # 00- 3159. OBJECTIVE: To have the Board approve the award of a construction contract for the widening of Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road to facilitate smooth circulation of traffic through this corridor. CONSIDERATIONS: The Transportation Engineering & Construction Management Department prepared the construction drawings for the Airport-Pulling Road Six Lane Improvements project. On October 2, 2000 the County requested separate sealed proposals for Bid No. 00-3159 from firms that are interested in providing construction services for the above referenced project. The bid opening took place on December 7, 2000. The Purchasing Department received three bids which were checked by the County for mathematical errors and corrected as follows: BIDDER Better Roads, Inc. APAC - Florida, Inc. David Barron Land Development, Inc. TOTAL BID AMOUNT $6,784,788.74 $7,158,997.84 $8,245,825.65 Better Roads, Inc. submitted the lowest and most responsive bid. Better Roads, Inc. has performed similar work for the County and has established a satisfactory performance record in the past. ,,~. ,FISCAL IMPACT: Funds in the amount of $6,700,000 are available in the Road Construction Gas Tax Fund. Source of funds is Gas Taxes. A Budget Amendment is needed to transfer $85,000 from Road Construction Gas Tax Reserves and appropriate in the project. GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners (1) Award a construction contract to Better Roads, Inc., for the widening of Airport-Pulling Road from Pine Ridge Road to Vanderbilt- Beach Road, Bid # 00-3159. (2) Authorize the Chairman to sign the standard contract after approval by the County Attorney. (3) Authorize the required Budget Amendment. AGENDA ITEM No. / JAN - 9 2000 Pg._ / SUBMITTED BY: REVIEWED BY: ~~~~'~"~ Date: A. Nyankadau Korti, Project Manager Transportation Engineering & Construction Management Department Steve ~4am}~l, Dh/ector Purchasing Department Date: REVIEWED BY: APPROVED BY: ~'x~ ~~ ~-k..~~ Date: Mitch Riley, P.E., Interim Director Transportation Engineering & Construction Management Department '.' ",.j. ;.~/-,,. :'i'/: ¢d"..-- Date: I~orma~Feder, Transportation Division Administrator AGENDA JAN - 9 1006 2000 0 -.I _~. = · r- h~ AGENDA ItEM No,~i) JAN - 9 2000 P~,., C~ o -I · .~ °' o ~ = AGENDA IT~ JAN - 9 2000 Pg. No._~~ ?TEM¢ 9 2000 7 JAN -~ Pg., J 2000 I~ "11 ¢3, < ;3' AGENDAITEM No._,~_~jt JAN - 9 2000 0 0 0 0 0 ~ mmmmm ~ o m m mm,m ~ E ;Z mmim~m m o ~ . ~ = AGENDA ITEU JAN - 9 2000 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. ABB-FT-01-02 WITH AGNOLI, BARBER & BRUNDAGE, INC. FOR THE PREPARATION OF CONTRACT DOCUMENTS FOR INTERSECTION IMPROVEMENTS AT RADIO ROAD AND DAVIS BOULEVARD (S.R.-84), PROJECT No. 65031, CIE # 16 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # ABB-FT-01-02 for the preparation of contract documents in order to construct improvements to the intersection at Radio Road and Davis Blvd. (S.R.-84). CONSIDERATIONS: Agnoli, Barber & Brundage, Inc. had designed the Phase 2 plans and specifications in 1994 for the widening of Radio Road. This Work Order will update the contract documents for the intersection portion of the previously design roadway and will enable the proposed intersection improvements to go to contract for bid and award. 3, ~FISCAL IMPACT: Funds in the amount of $83,676.50 will come from the Impact Fee District 2 Supported Transportation Capital Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Project No. 16 is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order ABB-FT-01-02 on behalf of the Board. SUBMITTED BY: REVIEWED BY: APPROVED BY: Ricl~ard f~-I~iiriegel, P.E~'i<' s~e~ii~r.~oj ect Manager Transpt~atiorg.Og. erationg'- D, ~partment Edw~d~. Kant~.Ef~irector T~~~f~ Depa~ment No~an FedeX, }A~minist~or Tr~spo~ation Division / Attachment: Work Order #ABB-FT-01-02 RJH:rh Date: ~ ¢ (,- .'~-: Date[;"-J,: 5 Date /~-- 2~-~.ro JAN 0 9 2001 ~[Over $25.000 to $90.D0¢ - I)elrle this linel WORK ORDER # ABB-FT-01-02 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as Radio Road / S.R.84 Intersection Preparation of contract documents for the construction of intersection improvements ~t Radio Road and $ R.-84 (Davis Bird ) The work is specified in the proposal dated September 2~, 2000. which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #ABB-FT-01-02 is assigned to A~noli Barber & Brandage, Inc Scope of Work: As detailed on the attached proposal and the following: Permitting for SFWMD and FDOT. Preparation of construction plans for the intersectionimprovements for Radio Rd. and Davis Bl~,d. Preparation of all contract documenls for the bidding of the project including attendance at the pro-bid meeting and providing clarifications and/or preparation of addenda as necessary. Post design serxlces to include site xis~ts and engineering clarifications to the contractor during construclmn. rewew of shop drawings, assist in final inspection, provide certifications as required by the permits a:d or regulalor) agencies and provide as-bui[l surve.~s for the road and utility improvements. Schedule of Work: Complete work within 550 Ca!endar days from receipt of the Notice to Proceed authorizing start of work Compensation: In accordance with Article Five of the Agreement. the County will compensate the FirIn in accordance v, ith the negotiated lump sum amount indicatcd in the schedule below (if a task is time and material. so indicate and use the established houri> role(s) as enumeraled in Schedule "A" of the Agreement). Task A1 0 Permitting S3.-80.00 T&E see attached Task A2 0 Construction Plans 552,010 00 T&E see attached Task 43 0 Conlract Docs and Biddin~ 54.88000 T&E see attached Task A4 O Post Design Services Task B Surveying SI2 263.00 T&E see attached S6,546.00 T&E see attached Reimbursables S4 197.50 TOTAl. FEE S83.676.$0 Any change within monetary authority of this Work Order made will be considered an additional serxice and charged according to R chard~H'~l~ iege, ~.E.. Sr. IN Edward J Karo. P,~'~portation Operations Approved as to Form and L e g a l ...5-u-~f-* c.-ct3.1xc~:~ 'AssX'lsla~.t.-~o'~nt.', Attorney ATTEST: (Corporate Secretary) subsequent to final department approval Schedule "A" of the Agreement. Date Director Date Frederick T. Barber III~ Corporate Secretary. Type Name and Title Templale SN V,O Fi~ed Term Pro Eng Scrv 2 ACCEPTED Bh': /,~, , Name ~Firm JAN 0 9 2001 Last updated 9 3,'98 Pro£essiona: .: :~:z:~'. :':,.; i::,~.:c:'J. LL2I'% September 27, 2000 ~,0 O7? Mr. Richard Hellhegel, P.E. Senior Project Manager Collier County Transportation and Utilities Engineering 3301 E. Tamiami Trail, Bldg. D Naples, FL 34112 Re' Radio Road/S.R. 84 Intersection ABB PN 7762-5/X001 Dear Mr. Hellhegel: n AGENDA ITEM .o. JAN 0 9 200{ Pg. At your request, Agnoli, Barber & Brundage, Inc., is pleased to submit this proposal to render professional services for producing a set of plans, based upon the previously developed Radio Road Phase 2 plans, for construction of the Radio Road and S.R. 84 intersection only. Agnoli, Barber & Brundage, Inc, hereinafter referred to as ABB, proposes to provide Collier County, hereinafter referred to as Client, the following professional services: 1. SCOPE OF SERVICES A. Engineering Services 1. Permitting ABB will review the status of the SFWMD permit to determine if it is still in effect. The permit was issued on May 5, 1994 and was due to expire 5 years later. However, construction of a portion of the western outfall swale and control structure may have vested the permit. If additional permit services are required, they will be performed as additional services. bo ABB will develop and submit an application to the Florida Department of Transportation for approval of construction of the intersection. 2. Construction Plans ABB will develop a separate set of construction plans to cover construction of the Radio Road/S.R. 84 intersection. The new set of plans will be based upon the current set of plans for Radio Road which will be utilized as much as possible. It is anticipated that the transition from the existing two-lane Radio Road section to the four-lane section to be utilized at the intersection will commence in the vicinity of station 305+00. It is anticipated that the following sheets will be included in the set of plans. ao g. h. i. j. k. 1. m. n. o. p. q. Key sheet (1) Drainage Map (1) Roadway typical Section (1) Summary of quantities (1) Summary of Drainage Structures (1) Roadway Plan and Profiles (6) Lateral Ditch Plan and Profiles (3) Drainage Structures (3) Construction Details (1) Soil Survey (1) Roadway Cross-Sections (7) Lateral Ditch Cross-Sections (2) Signing and Pavement Marking (3) Highway Lighting (3) Davis Blvd. M.D.T. (2) Signalization (6) Summary of Pay Items (2) 3. Contract Documents and Bidding Services Utilizing Collier County's standard contract document forms, ABB will develop the contract document package required for bidding of the project. b. ABB will attend the pre-bid meeting to address bidder' s questions. ABB will prepare clarifications, and/or addenda for the contract as necessary. 4. Post Design Services ABB will provide the following post design services. ao Perform site visits as necessary or as requested by the County to provide clarification of the contract documents or to answer questions that may arise during the course of construction. 08-167Y00.PRO Do Review and issue comments on shop drawing submittals. Provide written clarifications to the contract documents as necessary. 2 AGENDA ITEM JAN 0 9 2001 d. Assist the County in a final inspection of the constructed project. eo Provide certifications as may be required by permit and/or regulatory agencies. f. Provide record drawings of the constructed project. B. Surveying Services Provide supplemental surveys of improvements with the project limits that have been constructed after completion of the original plan set. Obtain supplemental utility information for utilities that have been installed after completion of original plan set. 2. ADDITIONAL SERVICES AND EXTRA WORK Services not specifically included in Section 1. Scope of Services will be performed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule enclosed with this Agreement. Services and fees provided in this Agreement are based upon governmental rules, regulations and policies in effect at the time of execution of this Agreement. Should changes take effect during the period services are being performed and result in additional ABB work requirements, this Agreement will be modified by approval of the parties. In addition, ABB will perform additional services beyond the work described within this Agreement as requested and authorized by the Client. When such work can be identified in advance, ABB will provide a reasonable estimate for such work and written authorization obtained. 3. FEES AND COMPENSATION Compensation for work performed under Section 1 will be based upon the fee proposal attached as Exhibit A. We hope that this proposal satisfactorily responds to your request. Sincerely, mndag~e,~. Principal In Charge Enclosure 08-167Y00.PRO 3 AGENDA I'I'~M No. !f, f JAN 0 9 2001 RADIO ROAD - SR 84 INTERSECTION Prepared by: Agnoli Ba~er & Brundage Inc. 23-Aug-00 MISCELLANEOUS AND OUT-OF-POCKET EXPENSES 0 sheets x 0 sheets x Aerial Photography: Outfall Improvements Right-of-Way Maps $0.00 = $0.00 = Electronic Disks: 6 CDs x $5.00 = Reproduction: 24x36 Blueline Phase 1 (30%) 0 Phase 1(60%) 0 Phase 1(90%) 220 Final 660 Public Involvement 0 Permit Plans 440 Utility Coordination 440 Design Notes/Calcs Contract Docs Total Sheets 1760 Cost per Sheet $1.50 24x36 Mylar 0 0 44 0 0 0 88 $15.00 copies 0 0 0 0 0 250 250 250 750 $0.05 S U BTOTAL $2,640.00 $1,320.00 $37,50 $0.00 $o.oo $30.00 AERIALS TOTAL: $0.00 AERIALS TOTAL: $30.00 REPRODUCTION: $3,997.50 Shipping/Phone Film/Photo months rolls x $25.00 /month = $150.00 x $10.00 /roll = $20.00 TOTAL EXPENSES $4,197.50 AGENDA I'[EM JAN 0 9 2001 Pg. EXECUTIVE SUMMARY TO TRANSFER FUNDS WITHIN THE GOLDEN GATE MUNICIPAL SERVICES TAXING UNIT (MSTU) FROM THE SANTA BARBARA BLVD. PROJECT TO THE TROPICANA BLVD. PROJECT FOR IMPROVEMENTS. OBJECTIVE: To enhance the quality of life for residents of Golden Gate through the improvement of roadway landscaping. CONSIDERATION: The Golden Gate Municipal Services Taxing Unit (MSTU) Beautification Advisory Committee voted to put the planned landscape improvements for Santa Barbara Blvd. on hold. Santa Barbara Boulevard is scheduled for lane widening and it would not be beneficial to make landscape improvements at this time.The Advisory Committee decided to make landscape improvements on Tropicana Blvd. ',-,FISCAL IMPACT.' The amount of $67,100 was budgeted in the Golden Gate MSTU Bea~:dtion fund for improvements to Santa Barbara Blvd. A Budget Amendment is needed to reallocate the funds to the Tropicana Blvd. project. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the transfer of funds and the associated Budget Amendment. SUBMITTED BY: REVElWED BY: APPROVED BY: ? /,~5o~ Date: Val Princj) Eng~ ,~ ineer %/~nd§c~:)e Operations / / d¢~~//~ ~, ~~t ~an ~/?/;~~portation D a Edward . ~ !~ Operations Director d,~~~~.. D ate:/,,~ No~n'E. Feder, ~,ICP, Transportation Administrator AGENDA JTEIV[. JAN o 9 2ool EXECUTIVE SUMMARY REQUEST FOR SPEED LIMIT REDUCTION FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (25 MPH) ON GULF SHORE DRIVE FROM VANDERBILT BEACH ROAD TO BLUEBILL AVENUE. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction on Gulf Shore Drive. CONSIDERATIONS: Gulf Shore Drive from Vanderbilt Beach Road to Bluebill Avenue has recently been resurfaced to provide for on-street bike lanes on both sides of Gulf Shore Drive. In order to provide the on-street bike lanes, the traffic lanes on Gulf Shore Drive have been reduced to ten feet in width. The Transportation Operations Department has determined that a lower speed limit of 25 MPH is necessary on Gulf Shore Drive. The speed reduction will assist in keeping traffic flowing smoothly while lessening the potential for crashes. A total of four (4) new signs will be required to provide adequate notice of the new speed limit to motorists. __-,FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is $400.00. i~\ Funds are available in Road and Bridge Fund 101. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution reducing the speed limit, authorize the Chairman to execute the Resolution, and authorize staff to erect the appropriate traffic control signs. SUBMITTED BY: ~~'_ ~. ~' :~,--- DATE: Dale. B~tth~O,, PE/Tra"T~i~ Operations Manager . / , ' .,1,7/ REVIEWED BY: '-7 /?,7~,' ~. ....:~ ::27)': , DATE:,,,,; ,-'" "'" awlr:> Ka< Op r tio APPROVED BY: :'/~J:~ ' DATE:/a'~-~ Nd~ ~. Feder, A[CP, Transpotation Division Administrator Attachment: Speed Reduction ~ Map 0 2001 BLUEBT~~' --CDNN AVI R25E illTH AVENUE I 107TH AVE 106TH AVE 107TH AVENUE I;i 106TH ]IAVENUE I 105TH 1AVENUE LIMITS OF SPEED REDUCTIO STREET; STREET [93RD AVE 119~N9 AVE GRAPHIC SCALE 500 0 500 1000 250 (IN FEET ) 1 inch = 2000 ft 2O0O GULF SHORE DRIVE TWN 48RNG 25SEC 29 0 § 2001 PO-_ 2000_51a.dwg 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. 2001- A ~ESOLUTION AUTHORIZING SPEED LIMIT REDUCTION FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (25 MPH) ON GULF SHORE DRIVE FROM VANDERBILT BEACH ROAD TO BLUEBILL AVENUE. WHEP~AS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, Gulf Shore Drive falls under the jurisdiction of the BCC; and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and t~affic investigation; and WHEREAS, the results of such engineering and ~'affic investigations determine that the reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to criteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1: The BCC does hereby establish a twenty-five mile per hour (25 MPH) speed limit on Gulf Shore Drive from Vanderbilt Beach Road to Bluebill Avenue, and does hereby direct the County Transportation Operations Department to erect appropriate speed limit signs giving notice thereof. SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriffs Office for proper enforcement of the established speed limit for Gulf Shore Drive within the designated segment. SECTION 3: The effective date of the speed limit reduction shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: , Chairman Approved as to form and legal sufficiency: f:I,. 4.. Assistant Collier County Attorney EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 TO THE CONSTRUCTION CONTRACT #00- 3039. GOLDEN GATE BOULEVARD WIDENING FROM CR 951 TO WILSON BOULEVARD; COLLIER COUNTY PROJECT NO. 63041; BID NO. 00-3039, CIE NO. 62 OBJECTIVE: To receive Board approval of Change Order No. 3 to the construction contract for the widening of Golden Gate Boulevard from Collier Boulevard (CR 951) to Wilson Boulevard. CONSIDERATIONS: To approve Change Order No. 3 which includes: Establishment of a contingency funds in the amount of $100,000.00 to facilitate timely resolution of utility conflict or other unforeseen work necessary to complete this project. This work may involve design and construction of conflict boxes, pressure pipe diverting, detours, slope grading, mitered end sections, and other work which was unforeseen during the design phase. These funds are intended to be disbursed through the use of the County's Work Directives. These contingency funds will be used to quickly resolve conflicts between existing utilities and proposed storm sewer thereby minimizing time delays associated with those conflicts. Approve an amount of $10,019.00 to offset the cost differential between plan quantity of materials and actual quantity of materials used. See the attached Change Order and the associated sheet with pay item description, quantity and cost. f,.'XFISCAI~_ IMPACT: Funds in the amount of $110,019.00 are available in Road Impact Fees District 6 Fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 3 in the amount of $110,019:00 to facilitate: (1) Timely resolution of utility conflicts or unforeseen work necessary to complete the above referenced project and, (2) To offset the cost differential between plan quantity and actual quantity of pay items. AGENDA ITEM No.~4 JAN- 9 Pg.., /_ SUBMITTED BY: REVIEWED BY: APPROVED BY: A. Nyankadau Korti, Project Manager Transportation Engineering & Construction Management Department ~~ C*~ Date: TmriatnCsh;~at~Pn)!agineeringIntefim----Di;e~to°nrstmction Management Department ~~,f(~ Date: N;an Fede~ Transportation Division Administrator / / ' 'AGENDA JTE"'"-'"~ No._/[~ (rS),4-- JAN - 9 200~I ~,g.~ z_ .... CHANGE ORDER # 3 TO: APAC - Florida, Inc. 1451 Myrtle Street Sarasota, Florida 34230 FROM: Collier County Transportation Engineering & Construction Management Department Public Works Division, Building "D" 3301 East Tamiami Trail, Naples, Florida 34112 Project Name: Golden Gate Boulevard Four Lane Improvements Project No. 63041 Bid Dated: March 8, 2000 Change Order No.: 3 Bid No. 00-3039 Date: December 5, 2000 Change Order Description: See attached sheet for Pay Items and associated fees for this Change Order No. 3 Original agreement amount .......................................................................$ Sum of previous change order amount ......................................................$ This Change Order No. 3 Amount [add} ....................................................$ Revised Agreement Amount ......................................................................$ 15,047,227.29 5,716.88 110,019.00 15,162,963.17 Original contract time in calendar days .................................................730 days Adjusted number of calendar days due to previous change order .....................0 days This change order adjusted time is ........................................................0 days Revised Contract Time in calendar days ...............................................730 days Original Notice to Proceed date ..........................................................May 22, 2000 Completion date based on original contract time ................................May 21, 2002 Revised completion date due to change order(s) .................................May 21, 2002 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. SUBMITTED BY: APPROVED BY: ACCEPTED BY: ~~~ Date: A. Nyankadau Korti, Project Manager Transportation Engineering and Construction Management Department ~m._,~0 Date: Mitch Riley, P.E., Interim Director Transportation Engineering and Construction Management Department ~es TanneWice President. ~AC - Florida, Inc. AGENDA_ITEM JAN - 9 200 o o o m + o rrl mO AGENDA IT!~M NO. JAN - 9 o c: c: AGENDA ITEM JAN - 9 200~ Pg.. EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CONTRACT WITH WILSONMILLER, INC. FOR THE WIDENING OF GOLDEN GATE BOULEVARD. COLLIER COUNTY PROJECT NO. 63041, CIE NO. 62, RFP # 99-3022 OBJECTIVE: To receive the Boards' approval for Amendment No. 1 to the Professional Services Agreement with WilsonMiller, Inc. for the widening of Golden Gate Boulevard (from Collier Boulevard [CR 951 ] to Wilson Boulevard). CONSIDERATIONS: On March 28, 2000, the Board of County Commissioners executed a Professional Services Agreement with WilsonMiller to perform construction engineering inspection services for the Golden Gate Boulevard four-lane improvements project. As part of this agreement, the County provided a qualified full time inspector to work with WilsonMiller. It was stipulated in the contract that in an event the County inspector becomes unavailable for any period of time, WilsonMiller CEI services agreement will be amended (to increase the fee) in order for WilsonMiller to provide an additional inspector for the project as needed, or for the period of time the inspector is absent from the project. The County inspector assigned to the CEI Team has been removed this project and transferred to another project. Subsequently, the CEI Services Agreement needs to be amended to allow WilsonMiller to retain an additional inspector for this project. Copy of the Supplemental Agreement to Consulting Engineering Services Agreement and Fees Schedule are attached. FISCAL IMPACT: Funds in the amount of $332,880.00 are available in the Road Impact Fee District 6 Fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Amendment No. 1 to the Professional Services Agreement with WilsonMiller, Inc. to retain additional staff in the amount of $332,880.00 and authorize the Chairman of the Board to execute said contract. 'AGE ' r~ .o. JAN 0 9 2001 Pg. I u SUBMITTED BY: REVIEWED BY: APPROVED BY: A. Nyankadau Korti, M.B.A, Project Manager Transportation Engineering & Construction Management Department Date: · t Date: Mitch Rile~,, P.E., Interi/ndt3irector Transporta}ion Engineering & Construction Manage .m'ent Department :,?,,,,' /, 2{ / / ?.;..,.. -.-, '7-e'A.: ----- Date: Norturn Feder, Transportation Division Administrator AG D T_M JAN 0 9 2001 P~ .~.-- ~~ EXECUTIVE SUMMARY THAT THE BOARD ADOPT THE FINAL PUBLIC TRANSPORTATION OPERATION PLAN (PTOP) OBJECTIVE :To adopt the final Public Transportation Operation Plan. CONSIDERATION: Tindale-Oliver and Associates presented the final report of the Public Transportation Operation Plan to the Transit Review Advisory Committee (TRAC) and the MPO on November 17th and December 8th, 2000. Both the TRAC and MPO approved the plan.. The start up system will have four buses providing service to routes on US 41 North, US 41 East, and Golden Gate, one bus providing shuttle service to and from Immokalee, and two buses as spares. The routes will converge and provide opportunity to transfer at the Lorenzo Walker Institute of Technology (LWlT) on Estey Road. ' - The TAC and CAC endorsed the final report at their November 29, 2000 me~ting. The MPO approved the plan at their meeting on December 8, 2000 with the stipulation that staff continue to work with the City of Naples to address their concerns. The routes in the PTOP indicate the general roads that will be traveled starting in February 2001. The routes are still being analyzed and will be revised prior to start up. Future changes will be based on ridership, public comment and funding. Efforts are currently underway and will continue to coordinate with the City of Naples regarding the operations within the city. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the BCC adopt the final Public Transportation Operation Plan. t: '! Date: 12/20/2000. Prepared by: Dav(.idbli~~ortation Manager Reviewed by: //~ Date: I5 ~ffa cfi'fe, 'l(rap~tportg, tiognr~anning Director Approved by: //}~~~L~-------- Date: tan Feder, Transportation Services Administrator ? PTOP Draft Final Report xsum I-9-01 EXECUTIVE SUMMARY APPROVAL TO RENT TWO INTEGRATED MAIL SYSTEMS FOR PROCESSING WATER AND SEWER BILLS OBJECTIVE: To obtain Board of County Commission approval to rent two (2) Pitney- Bowes Documatch Integrated Mail Creation Systems for a three (3) year period. CONSIDERATIONS: The Public Utilities Division prints, folds/inserts, sorts and mails over 537,900 water and sewer bills each year. This volume is increasing by 30,000 bills annually based on more than 2,500 new accounts each year. The existing bill printer and folder/inserter machines were acquired in 1994. These machines have exceeded their rated capacity volumes and are experiencing considerable downtime due to breakage. In addition, the existing folder/inserter machine is not networked to the printer or the billing software. The Documatch System manufactured by Pitney Bowes is under State Contract pricing and is the best product on the market to consolidate printing, folding, inserting, addressing, and realizing reduced postal rates because of the sorting capabilities. It is networked and prints the bill to be mailed, combines the bill with other documents, folds & inserts into an envelope, seals and addresses the envelope, and uses Smart Mail (software product) to sort the mail by zip code. This equipment will improve the existing utility bill process by reprinting utility bills for customers upon demand. The current equipment will not reprint bills. Cycles can be split to print between the two machines to decrease processing time and reduce downtime of equipment failure. It can be used as a high speed printer when not in use as a folder/inserter. Window envelopes and mailing labels will be eliminated by printing addresses on plain envelopes, resulting in a savings of $2,000 per year. A comparison of annual costs between the recommended systems (Documatch), the existing method and outsourcing is attached. The Documatch system costs are approximately $54,000 lower on an annual basis compared to current outsourcing rates and approximately $34,000 lower on an annual basis compared to the current methodology used. A three (3) year rental committment is recommended rather than purchase due to the rapid changes in hardware and software technology. The IT Department has reviewed the specifications and the Documatch conforms to County standards and is compatible with the existing Utility Billing software, as well as the new Utility Billing software specifications. FISCAL IMPACT: Rental cost for two (2) Pitney-Bowes Documatch Mailing Systems is $41,568 per year, plus $1,690 per year for Smart Mail, totaling $43,258 per year. Rental arrangements are subject to non-appropriation requirement of Collier County. Funds are budgeted in the Public Utilities Operating Fund in Utility Billing cost center. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To approve rental for three (3) years for two Pitney-Bowes Documatch Integrated Mail Systems, including Smart Mail. SUBMITTED BY: REVEIWED BY: APPROVED BY: 'r-"~k:~.~ (~. -~J,.~-~---'~ Date: ~ar~ Jo ~h~rston, Revenue Manager Utility Billing and Customer Service Department 'x& ~ X~ ~..,~ --, Date: Jo~ A. Yo~osky,,Director. ) Utility B~llling and Customer Se~ice Department ~--~ .: ' /z ~~ Date: J~es V. Mud& P.E., A~mstrator Public Utilities Division / / COST SAVING ANALYSIS DECEMBER 18, 2000 PUBLIC UTILITIES DIVISION Direct Costs .Smart Mail Maintenance Postage for 537,900 bills Cost of pre-printed envelopes Labor Contract Management Elec/space $ $ DOCUMATCH CURRENT 41,568 $ 1,690 - 7,500 123,717 (23¢ each) 164,100 (30¢ each) 166,975 $ 171,600 - $ 2,000 27,750 55,500 7,500 7,5oo 202,225 $ 236,600 OUTSOURCING 125,943 123,717 249,660 6,937 256,597 (23¢ each) Outsourcing: Fold and Insert .~orting for mail discount jetting address oet up charges per mailing Delivery charges per mailing 9 C/item x 537,900 items 5 C/item x 537,900 items 3 C/item x 537,900 items 12 months x 23 days per month x $100 per mailing 12 months x 23 days/month x $25 per mailing = $ 48,411 26,895 16,137 27,600 6,900 125,943 Labor Contract Management Elec/space $37,000 x 1.5 (benefits) = $55,500 1/hr per day x ($55,500 divided by 8) =$ 6,937.50 $15 sq fix 20'x 25'= $7,500 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WILSON MILLER FOR ENGINEERING SERVICES RELATED TO THE NEW COUNTY BARN SITE DEVELOPMENT, RFP 00-3114, PROJECT 70059 AND 73072 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a professional services agreement to design and permit a new site to relocate the current "County Barn" operations, along with Water and Wastewater field operations, and the Sheriff's Fleet operations. CONSIDERATION: On September 3, 1996, agenda item 13(A)(3), the Board approved "conditional use" zoning for 60 acres of the County-owned property located immediately north of the landfill for relocating the County's existing "County Barn" facilities. The project carried a price tag of $6 million initially and $14.5 million at build-out. Of the $6 million initial price tag, $1.6 million was for site development and infrastructure. During the budget review process, the budget for the proposed infrastructure was pared down so low that it no longer made economic sense to proceed. It was agreed that staff would bring the issue forward for Board consideration again when a funding opportunity presented itself. Both the Water and Wastewater Departments have out-grown their existing field operation facilities. They both need to relocate to a larger facility. The County's Public Utilities Division is proposing to develop a site for a County maintenance facility to the mutual benefit of the water and sewer rate-payers, and also, to the benefit of general government operations. The site, once developed, will be large enough to accommodate Water and Wastewater Field Operations, Road and Bridge, Fleet, Aquatic Plant Control, Natural Resources field equipment, and Sheriff's Fleet. The scope of work includes the selection of an access route to the site, preparation of a conditional use, preparation of a site development plan, environmental permitting, and construction services. On September 26, 2000, as agenda item 16(c)(7), the Board approved the selected consultant per RFP 00-3114. Staff has negotiated a proposed scope and fees for services to start the engineering. Additional fees for preparation of a site development plan, environmental permitting and services during construction will be proposed once the Conditional Use is under way. Total fees for the proposed professional services are $ 244,200. (-r~,. F__ISCAL _IMPACT: Funding in the amount of $1,000,000 is budgeted in Fiscal Year 01 in County Water Capital Projects and $1,000,000 in County Sewer Capital Projects. Source of funds is User Fees. Executive Summary New County Barn Site Development Page Two GROWTH MANAGEMENT IMPACT: Building the County Maintenance Facility to accommodate the increasing staff and equipment for the county operating departments is consistent with Government Building Projects, CEI 32 of our Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a professional services agreement with Wilson Miller to provide professional engineering services related to design and permitting for developing the site for a new Collier County Maintenance Facility, Project 70059 and 73072, and that the Board authorize the Chairman to execute the Agreement following its approval by the County Attorney. / -'"~ . / PREPARED BY:-~/~ :, ~ -.... ?· Date: lc'/z/:'~ ~ July C. Adarmes Minor, P.E., Senior Project Manager REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Public Utilities Engineering Department Stepheln Y.'C~nell, Directdr Purchasing Department Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department JoSeph fl. Cheath , Director Wastewater Department Paul Mattausch, Director Water Depa~ment ~mes Mudd, P.E., Administrator Public Utilities Division Date: Date: Date: Date: Date: JAN [i'7 2001 EXECUTIVE SUMMARY ADOPT RESOLUTION TO APPROVE THE PUBLIC UTILITIES PROCEDURE OF BILLING CUSTOMERS WHO HAVE BEEN UNDER BILLED FOR EFFLUENT. OBJECTIVE: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, affirm the Public Utilities Division's decisions regarding collection of under-billed accounts for effluent already supplied to each respective customer. CONSIDERATION: Starting in 1988, the District entered into written agreements with several outside parties regarding sale of County effluent to irrigate golf courses. Currently the District is a party to twenty-one (21) such written agreements. Recently staff has reviewed these agreements in relation to billing the respective customers. Our review discovered under billings have occurred with eighteen (18) customers, creating an amount due of $538,230. Rate increases applicable to various agreements were not implemented as early as the applicable ordinance or agreements required, and in some instances the "Take or Pay" provisions were not enforced. The "Take or Pay" provisions require the customer to pay for a minimum amount of effluent reserved by the District for that customer whether or not the customer actually takes that quantity of effluent. The Public Utilities Division has recently contacted all these customers. Staff has met with representatives of each customer and explained the billing errors, and the sums that have been under-billed. Although many of these customers are not happy about the circumstances, each customer realizes that the District has rendered valuable services to the respective customer, and the District has not been paid for those services. Because of legal constraints, the District is not at liberty to offer to any of these customers a better arrangement than is specified in each respective letter. Staff has made every effort to be reasonable with regard to the negotiated re-payment periods so as not to create unnecessary hardships on any of these customers. In accordance with the Billing Department's procedure, no interest will accrue on the unpaid balance, provided the payments are made to the District as required in each respective case. Staff has mailed to each such customer, by certified mail, returned receipt requested, a letter stating the requigite repayment terms. Some of these customers have budgetary constraints and have, therefore, requested that staff delay the commencing of the repayment schedule for up to a year to grant to the entity adequate time to budget the underpayments. FISCAL IMPACT: The under-billed sum ($538,230) will be paid to the District over various time periods corresponding to the duration of the customer's contrac.t. The longest time period is nine (9) years. Sixty-three (63%) percent of ~e No. will be collected within the next four (4) years. ! JAN - 9 7.001 pg. t _ GROWTH MANAGEMENT IMPACT: There is n__0_o growth management impact. RECOMMENDATION: That the Board of County Commissioners, by adoption of the attached Resolution, affirm the Public Utilities Division's decisions regarding pay-back requirements for being paid under-billing of specified effluent customers as expressed in each respective letters attached hereto. Approval of this item will authorize the Chairman to execute the attached Resolution on behalf of the Board. f"~hn A. Yo~tk,osky, ",U.t't~ity Bil--~'fi~g'and C~tomer Service · ,J~i~es V. Mudd, P.E., Public Utilities Administrator ~o. f JAN o 200 5 6 '7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 30 31 32 33 35 36 3'7 38 39 4O 41 42 43 45 46 48 49 50 51 52 53 54 55 56 5'7 58 59 60 61 62 RESOLUTION NO. 01- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING TERMS ~d~D CONDITIONS OF PAYING UNCOLLECTED FEES FOR RECLAIMED WATER WHEREAS, Collier County Ord'mance No. 98-37, [Section 134.32 of the Collier County Code of Laws and Ordinances], authorizes the Board of County Commissioners, by Resolution, to provide terms and conditions for payment and collection of rates, fees and charges for the County reclaimed water system; and WHEREAS, James V. Mudd. P.E., Public Utilities Administrator, has mailed the below- listed letters to customers of the County's reclaimed water system e~ablishing terms and conditions of installment payments of uncollected fees for reclaimed; and WHEREAS, the Board of County Commissioners by this Resolution approves and adopts each such letter as the terms and conditions applicable to the respective customer for installment payments of the respective uncollected fees. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The following letters, having been mailed to the respective customer by James V. Mudd, P.E., Collier County Utilities Administrator, are hereby approved and affirmed as the terms and conditions for payment of uncollected fees for reclaimed water for each respective customer: Audubon Joint Venture (11-2-2000); Centex Woods - Autumn Woods (11-2-2000); Beachwalk Residents Association (11-2-2000); Natural Resources & Management Center (11-2- 2000); Countryside Golf and Country Club (11-2-2000); Foxfire Community Association of Collier County (11-2-2000); Glades Country Club Apments Association, Inc. (11-2-2000); Lely - Community Development District (I 1-2-2000); Palm River Country Club (11-2-2000); Royal Palm Country Club (11-2-2000); The Club at Pelican Bay (11-2-2000); Pelican Marsh (11-2-2000); Riviera Golf Club (11-6-2000); Windstar on Naples Bay (11-6-2000); Hibiscus Golf Club (11-6-2000); Imperial Golf Club, Inc. (11-6-2000); Lakewood Community Services Association, Inc. (11-20-2000); and Lely Development Corporation (11-20-2000). 2. Failure of the respective customer to promptly pay to the County the fees as specified will result in imposition of late payment f~s of five percent of the unpaid (overdue) balance after the due date for each respective underpayment, all as specified m Subsection 134- 173(e) of the Collier Code of Laws and Ordinances. ~, apply. All other Ordinance provisions applicable to late payment of utility fees shall 4. This Resolution ~ha!l take effect immediately iapon adoption. ADOPTED this favoring adoption. ATrEST: DWIGHT E, BROCK, Clerk __ day of January 2001 after mbtion, second and majority vote BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney By: JAMES D. CARTER, Ph.D., Chairman NO.~ JAN O 9 2001 PG., November 2, 2000 Mr. Tom Wegwert Centex Homes - (Autmnn Wood. 5801 Pelican Bay Blvd., Suite 600 Naples, FL 34108 Return Receipt Requested Number: P 973 452 230 RE: General-Notice of Effluent Irrigation Credit Dear Sir;, On the 17' day of February, 1998, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Centex Homes and Centex Development company, L.P. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a credit of $3,583.58 will be applied to your account. As Staff discussed with Mr. Raymond Perry on ~e 26m day of October, 2000, this credit will be applied commencing with your next bill. We sincerely apologize for any inconvenience this has caused or may muse. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. Sincerely, ~'2 ities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 2[}01 -- i November 2, 2000 Mr. Robert Adamczewski, Beachwalk Residents Association 705 Reef Point Circle Naples, FL 34108 Return Receipt Requested Number: P 973 452 231 RE: General Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 7~ day of February, 1995, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Beachwalk Residents Association, Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. The cumulative impact is $143.40. Collier County Staff has made every 'effort to apply the most liberal m-payment period possible. As Staff discussed with Mr. Joe Murselo, Mr. Jim Jordan, and Gordon on the 26~ day of October, the County will recover the undercharged portion of your bill at a rate of $71.70 per billing period over the next 2 billing periods. We sincerely apologize for any inconvenience has caused or may caused, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, pl.ease call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. Z/Jmes V. Mudd, P.E., Public Utilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator dAN O 9 2001 November 2, 2000 Mr. Robert Flynn Audubon Joint Venture 15725 North Tamiami Trail Naples, FL 34110 Return Receipt Requested Number: P 973 452 229 RE: South Customer-Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 20 day of September, 1988, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Audubon Joint Venture and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. ~According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of February 1997. The sum of the undercharges is $80,478.86. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. George Jenson and Mr. Tom Mailcn, on the 26th day of October 2000, the County will recover the undercharges at the rate of $1,712.32 per billing period over the next 47 billing periods. We sincerely apologize for any inconvenience this overlight by Staff has caused or may muse, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. .nes V. Mudd, P.E4 Public Ut'tlities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 092001 I November 2, 2000 Mr. Bill Davidson Natural Resource & Management 11700 Collier's Reserve Dr. Naples, FL 34110 Return Receipt Requested Number: P 973 452 232 RE: Notification Required - Notice of Effluent Irrigation Arrears Collection Dear Sir;, On the 29~ day of September, 1992, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Collier Development Corp. and the Board of County Commissioners of Collier County .... Collier County Staff has conducted a review of the billing history for this account A notice of rate increase was sent to you on March 23, 1998. According to the notice your rate per 1000 gallon should have been $0.13 however, because of billing errors only $0.02 was charged. The cumulative impact is $34,960.33. Collier County_Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Bill Davidson and Mr. Mike Pmit on the 26~ day of October, 2000, the County will recover the undercharges at a rate of $832.39 per billing period over the next 42 billing periods. We sincerely apologize for any inconvenience this oversight by Staff has caused or may cause, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. Sincerely, . ... / · , .., ' tilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 2001 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION November 2, 2000 CERTIFIED MAIL Mr. J. D. Varon, Golf Course Superintendent Countryside Golf and Country Club 7231 Radio Road, Box 600 Naples, FL 34104 Return Receipt Requested Number: P 973 452 233 3361 E. TAMIAMI TI:kkIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 RE: South Customer-Notice &Effluent Irrigation Arrears Collection Dear Sir, On the 10~ day of November, 1987, ~n Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation vas entered into between Countryside / PCP Venture and the Board of County Commissioners of Colh,~ r County. Collier County Staff has conducted a review of the billing history for this account Our review indicates ~hat a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. ~According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of the January, 1997. The sum of the undercharges is $11,429.00. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Varon on the 25 day of October 2000, the Co,mty will recover the undercharges at the rate of $243.17 per billing period over the next 47 billing pei-iods. We sincerely apologize for any ineonvenie.m:e this oversight by Staff has caused or may cause, but Collier County is not authorized to waive these undercharges. The Cminty has in fact supplied the reclaimed water and is required by law to recover payment for this' valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrig .ation Program. S)~,~rely, ames V. Mudd, P.E., Public Utilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN o 9 ZO:dl COLLIER COUNTY GOVERNMENT B I SD CERTIFIED MAIL November 2, 2000 Mr. Ted Beisler, General Manager · Foxfire Community Association of Collier County 1030 Kings Way Naples, FL 34110 Return Receipt Requested Number: P 973 452 234 RE: South Customer-Notice of Effiuem Irrigation Arrears Collection i 33Ol E, TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Dear Sir; On the 10m day of November, 1987, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Foxfire Community Association of Collier County and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. .According to your contract, the ram per 1000 gallon must be increased from 2 cents to 13 cents as of February 1997. The sum of the undercharges is $33,559.13. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Ted Beiser and Mr. Mike Hamilton on the 25th day of October 2000, the County will recover the undercharges at the rate of $714.02 per bilIing period over the next 47 billing periods. We sincerely apologize for any inconveni.~ce this oversight by Staff has caused or may cause, but Collier County is not authorized to waive these undercharges. The Cofinty has in fact supplied the reclaimed water and is required by law to recover payment for thi~ valuable product. If you desire additional information, please call John Yonkosky at 403-2350. cooperation and continued support of the County's Reclaimed Water Irrig_afion Program. C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator We appreciate your JAN 0 9 2001 November 2, 2000 Mr. William Hinn, Golf Director Glades Country Club Apartments 174 Teryl Road Naples, FL 34112 Return Receipt Requested Number.. P 973 452 235 RE: South Customer-Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 24~ day of March, 1988, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Glades Country Club Apartments Association, Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. . According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of October, 1997. The sum of the undercharges is $93,761.91. Collier County Staff'has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Bill Hinn on the 25th day of October 2000, the County wiIl recover the undercharges at the rate of $2,180.51 per billing period over the next 43 bflIing periods. We sincerely apologize for any inconvenience this oversight by Staff has caused or may cause, but Collier County is not authorized to waive these tradercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. James V. Mudd, P.E., Public Utilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator COLLIE November 6, 2000 Mr. Gregg Richardson, Golf Cou Hibiscus Golf Club 175 Doral Circle Naples, FL 34113 Return Receipt Kequested Number. RE: South Customer*Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 26~ day of January 1988, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Poinesettia Corp., D/B/A Hibiscus Golf Club and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of April 2000. The sum of the undercharges is $5,691.73. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Richardson on the 34 day of November 2000, the County will recover the undercharges at the rate of $474.31 per billing period over the next 12 billing We sincerely apologize for any inconvenignce this ~versight'by Staff has caused or may cause, but Collier County is not authorized to waive these undercharges. The County has in faci supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. cooperation and continued support of the County's Reclaimed Water Irrigation Program. James V. Mudd, P~E., Public Utilities Administrator We appreciate your C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator NO. //,~ JAN 0 9 2001 ~'G. II COLLIER PUBLIC UTILITIES DIVISION November 6, 2000 COUNTY GOVERNMENT CERTIFIED MAIL 3301 ~. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Mr. Mike Craven Imperial Golf Club, Inc. 1808 Imperial Golf Course Blvd. Naples, FL 34110 Return Receipt Requested Number: q73 q52 2q , RE: General Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 15' day of March 1994, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Imperial Golf Club, Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a sumharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract the rate per 1000 gallon should have been $0.06 however, because of billing errors only $0.02 was charged. The cumulative impact is $40,373.67. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Ms. Darcy Moe on the 6* day of November, the County will recover the undercharged portion of your bill at a rate of $1,035.22 per billing period over the next 39 billing periods. We sincerely apologize for any inconvenience h~s caused or may caused, but Collier County is not authorized to waive these undercharges. The C .o3mty has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. James V. Mudd, P.E., Public Utilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinafor JAN o 9 2OOl November 20, 2000 C/O R & P Management Attn: Glenn Carroll Lakewood Community Services 265 Airport Road Naples, FL 34104 Return Receipt Requested Number: RE: General Notice of Effluent Irrigation Arrears Collection Dear Sir, On the 21~ day of October 1997, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Lakewood Community Services Assoc., Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract the rate per 1000 gallon should have been $0.13 however, because of billing errors only $0.02 was charged. The cumulative impact is $52,305.63. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Carroll on the 20~ day of November, the County will recover the undercharged portion of your bill at a rate of 4,358.80 per billing period over the next 12 billing periods. We sincerely apologize for any inconvenience this l~as caused or may caused, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuabIe product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 2001 November 20, 2000 Mr. Joseph Ryan, President Lely Development Corporation 8825 East Tamiami Trail Naples, FL 34113 Return Receipt Requested Number: q 73- 5 2 RE: General Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 10t~ day of August, 1993, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Lely Community Development District (for Golf Courses) and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract the rate per 1000 gallon should have been $0.13 however, because of billing errors only $0.02 was charged. The cumulative impact is $79,909.39. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Ryan on the 17th day of November, the County will recover the undercharged portion of your bill at a rate of $4,439.41 per billing period over 18 billing periods, commencing in a year from now, December 2001. We sincerely apologize for any inconvenience this has caused or may caused, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product:- If you desire additional iaformation, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. ~dd, P~tilities Administrator C: Chuck Eberie, 7989 Grand Lely Drive, Naples, FL 34113 Marc Beshears, 7989 Grand Lely Drive, Naples, FL 34113 John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 200i c£ November 2, 2000 Mr. Jerry Ellis Lely - Community Development 8825 Tamiami Trail East Naples, FL 34113 Return Receipt Requested Number: ? q-73 P,.E: General Notice of Effluent Irrigation Arrears Collection Dear Sir;, On the 10m day of August, 1993, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Lely Community Development District and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract the rate per 1000 gallon should have been $0.13 however, because of billing errors only $0.02 was charged. The cumulative impact is $30,935.01. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Jim Ward on the 2"d day of November, the County will recover the undercharged portion of your bill at a rate of $1718.61 per billing period over the next 18 billing periods. We sincerely apologize for any inc6nx?enience has, caused or may caused, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403~2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 Zu,J-i PG. /'~ COLLIK November 2, 2000 Mr. A.J. Duncan Palm River CounU-y Club 113 Viking Way Naples, FL 34110 Return Receipt Requested Number: P 973 452 236 RE: General Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 26th day of March, 1991, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Palm River Country Club, Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a surcharge will be requ'u, ed for a period of time necessary to catch up the undercharged billings. The cumulative impact is $1 i,711.55. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As S/aft discussed with Mr A.J. Duncan on the 26t~ day of Octaber, the County will recover the undercharged portion of your bill at a rate of $216.88 per billing period qver the next 54 billing periods. We sincerely apologize for any inconvenience has caused or may caused, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, pl _e~se call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service &BilIing Bob Casey, Reuse Coordinator JAN 0 9 2001 , COLLIE November 2, 2000 Mr. Robert R. Bittner The Club at Pelican Bay 707 Gulf Park Drive Naples, FL 34108 Return Receipt Requested Number: P 973 452 237 RE: General-Notice of Effluent Irrigation Credit Dear Sir; On the 13'h day of August, 1996, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between The Club at Pelican Bay, Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that certain billing errors occurred and, therefore, a credit of $936.29 will be applied to your account. As Staff discussed with Mr. Robert R. Bitruer on the 26t~ day of October, 2000, this credit will be applied commencing with ~e next bill. We sincerely apologize for any inconvenience this has caused or may cause. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of *.he County's Reclaimed Water Irrigation Program. - flames V. Mu'dd, P.E., Public Utilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator AGI: A I £~ N0. JAN o 9 20 i ~. /7. November 2, 2000 Mr. Ed Griffith Pelican Marsh 24301 Walden Cemer Drive Bonita Springs, FL 34113 Return Receipt Requested Number:. RE: General Notice of Effluent In4gation Arrears Collection Dear Sir;, On the 25m day of Janu2~, 1996, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered: ',to between WCI Communities Limited Partnership and the Board of County Commissioners of Collier Corn,if. Collier County Staff has conducted a review of the billing history for this account Our review indicates that certain billing errors occurred and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged'billings. The cumulative impact is $1,450.51. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Chuck Adams on the 2nd day of November, the County will recover the undercharged portion of your bill at a rate of $241.75 per billing period over the next 6 billing periods. We sincerely apologize for any inconvenience has caused or may caused, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information,' i/iease call John Y0nkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. s ince~r~,ly, . ~, / ami~~(:E.~~A dministrator C: John Yonk0sky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 2001 h,'" COLLIER COUNTY GOVERNMENT pUBLIC UTILITIES DIVISION November 2, 2000 CERTIFIED MA , Mr. Dale Walters, Golf Course Superintendent Royal Palm Country Club 400 Forest Hills Blvd. Naples, FL 34113 Return Receipt Requested Number: P 973 452 238 RE: South Customer-Notice of Effluent Irrigation Arrears Collection 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Dear Sir, On the I0m day of November, 1987, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Royal Palm Country Club of Naples, Inc. and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of January, 1998. The sum of the undercharges is $21,001.75. Collier County Staff has made eve~ effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Dale Walter on the 25 day of October 2000, the County will recover the undercharges at the rate of $456.56 per billing period over the next 46 billing periods. We sincerely apologize for any inconv, enj, enee this'oversight by Staff has caused or may cause, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. . · If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and emntinued support of the County's Reclaimed Water Irrigation Program. Sincerely, C: John Yonkosky, Customer Service & Billing Mary Jo Thurstoth Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 2001 COLLIEf November 6, 2000 Mr. William Staples Riviera Golf Club 48 Marseille Drive Naples, FL 34112 Return Receipt Requested Number: ,6173 RE: South Customer-Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 8~ day of December 1987, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Riviera Golf Club of Naples, LTD and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore, a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of November 1997. The sum of the undercharges is $20,216.02. Collier County Staff has made every effort to apply the most liberal re-payment period possible. As Staff discussed with Mr. Staples on the 34 day of November 2000, the County will recover the undercharges at the rate of $421.17 per billing period over the next -? ~ biPEr. g periods. We sincerely apologize for any inconvenience this oCersight by Staffha~ caused or may cause, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Ir/-igation Program. Si erely, · Mudd, P.E., Public Utilities Administrator C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JA' o 9 .OOl November 6, 2000 ,.Mr. Michael Gracie Windstar on Naples Bay 1700 Windstar Blvd. Naples, FL 34112 Return Receipt Requested Number: RE: South Customer-Notice of Effluent Irrigation Arrears Collection Dear Sir; On the 18~ day of November 1987, an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation was entered into between Windstar Development Company and the Board of County Commissioners of Collier County. Collier County Staff has conducted a review of the billing history for this account. Our review indicates that a mandated rate increase applicable to this Agreement was not commenced by Collier County Staff as required by Ordinance, and, therefore,. a surcharge will be required for a period of time necessary to catch up the undercharged billings. According to your contract, the rate per 1000 gallon must be increased from 2 cents to 13 cents as of January 1998. The sum of the undercharges less $840.01 which represents the amount of irrigation water that was used to irrigate the median located on Bayshore Drive and less $58,376.43 which is 30% of the cost of the pond liner, the total amount owed is $24,821.69. Collier County Staff has made every effort to apply the most liberal re..payment period possible. As Staff discussed with Mr. Gracie on the 3rd day of November 2000, the County will recover the undercharges at the rate of $539.60 per billing period over the next 46 billing periods. We sincerely apologize for any incon/ve/~ience this oversight by Staff has caused or may cause, but Collier County is not authorized to waive these undercharges. The County has in fact supplied the reclaimed water and is required by law to recover payment for this valuable product. If you desire additional information, please call John Yonkosky at 403-2350. We appreciate your cooperation and continued support of the County's Reclaimed Water Irrigation Program. C: John Yonkosky, Customer Service & Billing Mary Jo Thurston, Customer Service & Billing Bob Casey, Reuse Coordinator JAN 0 9 2001 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT FOR MASTER PUMP STATION 1.02, CONTRACT 89-1506, PROJECT 73924. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Amendment No. 5 to the Professional Services Agreement with Hole, Montes, and Associates, Inc. (HMA) for Master Pump Station 1.02 for additional construction management services. CONSIDERATIONS: A time extension was given to the contractor, D. N. Higgins, per Change Order No. 2 dated August 7, 2000 to accommodate difficulties encountered during construction. This prolonged the construction management period for Hole, Montes, and Associates, Inc. (HMA). Additional construction management fees are requested by HMA for construction closeout as described in the attached letters dated October 26, 2000 and December !5, 2000. The negotiated fee increase is $14,888 as documented in the attached October 26, 2000 letter proposal from HMA. The following summarizes the breakdown of costs: Original Contract #89-1506 Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 (Proposed) $ 95,500 $ 44,500 $ 29,600 $ 44,000 $ 37,850 $ 14,888 TOTAL (Proposed) $266,388 A history of the project and previous amendments is provided as follows: 1. On May 15, 1990 as Agenda Item 9(D)(4), the Board entered into an agreement with Hole, Montes, and Associates, Inc. (HMA) for design and construction services for Master Pump Station 1.02 to be located at the intersection of Wiggins Pass Road and U.S. 41. JAN 2ooi Executive Summary Approve Amendment 5 for Master Pump Station 1.02 Page 2 2. Preliminary design of the pump station ensued at one of the three potential sites at the direction of Collier County Utilities Department (CCUD). In April 1991, the preliminary design phase was completed and submitted to CCUD. At that time, the design was put on hold pending site acquisition. 3. On September 19, 1992 as Agenda Item 16(D)(7), the Board approved Amendment No. 1 to the Professional Services Agreement with HMA. The amendment increased the original project budget to accommodate design modifications requested by CCUD. 4. On February 7, 1995 as Agenda Item 16(H)(3), the Board authorized the acquisition of an easement lying within Lawmetka Plaza PUD on the northwest corner of Wiggins Pass Road and U.S. 41 for the purpose of constructing and maintaining Master Pump Station 1.02. 5. On August 15, 1995 as Agenda Item 16(H)(6), the Board approved Amendment No. 2 to the Professional Services Agreement with HMA. The amendment increased the original project budget for design modifications required to accommodate the new site and to adjust the fee schedule commensurate with cost-of-living increases. 6. The project was then put on hold pending the recommendations in the Collier County Wastewater Master Plan which was in the process of being updated. 7. On July 22, 1997, as Agenda Items 12(C)(4) and 12(C)(5), the Board adopted the 1997 Wastewater Master Plan Update. The update recommended designing Master Pump Station 1.02 as an in-line booster pump station instead of the original wet well design concept as originally envisioned under the original contract with HMA. 8. On August 4, 1998 as Agenda Item 16(B)(2), the Board approved Amendment No. 3 to the Professional Services Agreement with HMA. This amendment increased the original project budget for design modifications required to accommodate the new in-line booster pump design concept. Additionally since the project had been on hold for 3 years since 1995, adjustments to the fee schedule commensurate with cost-of-living increases were also made. 9. On February 8, 2000 as Agenda Item 16(B)(6), the Board approved Amendment No. 4 to the Professional Services Agreement with HMA. The amendment was for design modifications required to accommodate new landscaping requirements requested in the County Site Development Plan (SDP) permit application process. Additionally the scope of on-site observation of construction services was increased. Executive Summary Approve Amendment 5 for Master Pump Station 1.02 Page 3 FISCAL IMPACT: A budget amendment is necessary to move funds from the 30-inch Immokalee Road Sewer Force Main project in the amount of $14,888 to the Master Pump Station 1,02 project. Source of funds is the Sewer Impact Fee fund (413). GROWTH MANAGEMENT IMPACT: This project is CIE 924. This amendment will assist in completing the design and construction of this project. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water- Sewer District, approve the necessary budget amendment and authorize Chairman to execute Amendment 5 to the Professional Services Agreement with Hole, Montes, and Associates, Inc. for Master Pump Station 1.02 PREPARED BY: · ;~-~,~ DATE: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department Karl Boyer, P.E., Interim Director Public Utilities Engineering Department DATE: REVIEWED BY: -- ~'2'~-" :~d~, Jmes V. Mudd, Administrator Public Utilities Division DATE: Attachments: Amendment 5 approved by County Attorney's office. MVT:mvt JAN Ocl I Preserving and en/~anc/ng FIon'da's quality of life since 1966 Hole, Montes & Associate., Inc. Engineers Planners Surveyors October 26, 2000 Mr. Mohan Thampi Collier County Public Utilities Engineering Department 3301 Tamiami Trail East, Building D Naples FL 34112 ADDITIONAL CONTRACT ADMINISTRATION SERVICES Master Pump Station 1.02 HMA File No. 1990051 Dear Mohan: As noted in our prior letters to the County, the contractor has encountered numerous difficulties during construction. While these problems have been generated from various sources, their result is a prolonged construction period. Our last contract amendment for professional services (Number 4, dated 2/8/00) was, by agreement, based on a four-month construction period for only the pump station. It now appears the pump station construction period may exceed 8 months due to these construction problems and delays. Our contract administration budget was expended as of July 25. Please note that our current contract establishes $3,722 as the lump sum, monthly fee for contract administration. As requested, we can extend these monthly services for four additional months (July 26 through November 24). This additional construction period is based on your email of October 16. We are requesting your preparation of a contract amendment for $14,888 to address this extension in the construction period. Please call Ron Benson or me if you have any questions. Thank you for this opportunity to be of service to Collier County. Very truly yours, pS & ASSOCIATES, INC. H. CI'~ Pepper III, P.E. Director of Project Management HCP/mmw cc: Karl Boyer Ron Benson Jerry Taricska W:\ 1990\ 1990051 ~C 1 (client)\hcp\20001024-mt-extendedConst.extraFees.doc [' ' ~ ° c~"-'~"~i'--~ £ ~\ 715 Tenth Street South · Naples, Florida 34102-6773 · 941.262.4617. Fax: 941 262 3074 6202-F Presidential Court. Fort Myers, Florida 33919-3540. 941.481.7874. Fax: 941481.1015 I JAN 10550 Abemathy Street · Bonita Sorings, F!orida 34135-5520 · 941.992.0795 · Fax 941.992.23271 1620 Placida Road · Englewcod', FForiOa 34223-4962 · 9,41473.3990 · Fax: 941 4'73.75¢]~, P6, z/.. 2100 Tamiami Trail South. Suite B · Venice Florida 342ch3.5012 · 941 492,2450 · Fax: 941492.2161 ENGINEERS. P~i~!tqERS SURVEYORS 950 Encore Way. P.O. Box i 11629 · iqaples, Florida 3Li ! 08. Phone: 941.25,4.2000 · Fax: 941.254.2097 December ! 5, 2000 Mr. Mohan Thampi Collier County Public Utilities Engineering Department 3301 Tamiami Trail East, Building D Naples FL 34112 Via Courier PROFESSIONAL SERVICES ADMENDMENT Master Pump Station 1.02 HMA File No. 1990.051 Dear Mohan: As requested, Ron Benson reviewed Amendment No. 5 for additional contract administration. Them are several recommended changes for the enclosed Amendment before it is finalized, and these changes are noted in pen on each of the first three pages. If you have any question or comment about these changes, please call Ron Benson or me. Please note that this Amendment provides for contract administration through November 30, 2000. We anticipate construction activities to continue through January, 2001. Thank you for this opportunity to be of service to Collier County. Very truly yours, HOLE 1V~ON..'~, INC. ,~. Cl-fff'6,r, jfPeppe, I, P.E. DirecT,'of Project Management HCP/mmw Encl. cc: Ron Benson Jerry, Iaricska W:\1990\ 1990051 \C 1 (client)\hcp\20001215-mr-pro f-svcs-a~ree-I tr.doc ,~!apl~'~. ,:or~ ,~i,/er0 · :/e. nica. Enttl~w0od Lg-di AMENDMENT MASTER PUMP STATION 1.02 NO. 5 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated May 15, 1990 (hereinafter "AGREEMENT") is made and entered into this ~ day of ,2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Hole Montes, Inc. formerly known as Hole, Montes, & Associates, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples, FL 34110. (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the Master Pump Station 1.02 project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of change in extended construction period of the pump station; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the change in extended construction period of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A as attached hereto. Additionally, CONSULTANT'S compensation for basic services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. J,~AN O~ 2001 I IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for Master Pump Station 1.02 the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Date: By: Chairman, Board of County Commissioners Approved as to form and legal sufficiency: Assistant County Attorney Witness Witness HOLE MONTES,INC. I~ Id E. Benson, Jr., Ph.D, P.E. Senior Vice President (CORPORATE SEAL) REVISED SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES A.2 A.3 A.4 A.5 A.6 Current Revised Budget Budget Design Report $7,000 $7,000 Preliminary Design 58,000 58,000 Final Design 20,000 20,000 Bid Service 5,000 5,000 Construction Contract Administration 33,500 48,388 TOTAL: $123,500 $138,388 EXECUTIVE SUMMARY AWARD BID #00-314g - "ANNUAL CONTRACT FOR SALE OF CORRUGATED & WHITE GOODS", SCRAP METALS. OBJECTIVE: To provide the means by which the Naples Transfer Station may sell the corrugated and "white goods" scrap metal collected within Collier County. CONSIDERATION: 1. The Naples Transfer Station collects appcoximately one hundred (100) tons per month of corrugated and "white goods" scrap metal. These items are recyclable; if not recycled/sold It would cost Collier County approximately $10,000-$15,000 per month to landfill. The Purchasing Department sent notices of the bid package to nineteen (19) vendors on August 31, 2000. Bids were opened on September 21, 2000 and five (5) bids, (4 bidders) were received, two (2) on corrugated and three (3) for white goods. Staff has reviewed the bids for corrugated recycling and recommends the award of Bid #00-3148 to Garden Street Paper Products, Corp. as the Primary and Allied Recycling, Inc. as the Secondary. Both will pay the low side of the "Official Board Markets-The Yellow Sheet (Southeast)" price published monthly for the month's truckloads. 4. Staff has reviewed the bids for white goods recycling and recommends award to Ashley & Sons as Primary and Mike Anderson's Hauling as Secondary. FISCAL 1MPACT: The fiscal impact is the estimated receipt of $72,000 to be deposited to the Solid Waste Disposal Account. This would be an increase of $32,000 over the currently budgeted $40,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #00-3148-Annual Contract for Sale of Corrugated & White Goods to Garden Street Paper Products, Corp. as Primary and Allied Recycling, Inc. as Secondary for the sale of corrugated, and to Ashley & Sons as Primary and Mike Anderson's Hauling as Secondary for the sale of white goods. REQUESTED BY: ~----------------~.-.,~ L_ L _ Jerry Loughridge, Crew Leader Transfer Station Operations Date: t 7.7/g~ .-- oo REVIEWED BY: ~ -r~ ~ _k _~ G. George Yilmaz, Ph.D., P.E., Director Solid Waste Management Department Date: JAN 0 9 2001 ,,/ Step en Y'. Carnell, ~Director Purchasing/General Services Department Yames VMudd, P.E Public UtiF~ties Administrator Date: Date: JAN 0~/ ~Oui I EXECUTIVE SUMMARY APPROVE CARRY FORWARD BUDGET AMENDMENTS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT ODOR CONTROL MODIFICATIONS, PROJECTS 70072 AND 70073 OBJECTIVE: To allow funds budgeted in FY 2000, to be carried forward and re-appropriated in the FY 2001 budget. CONSIDERATIONS: On September 26, 2000, Agenda item 16 (C)(1), the Board awarded Beach Construction Company, the North County Regional Water Treatment Plant Odor Control Modifications project, in the amount of $993,700. A purchase order in the amotmt of the award was opened. The purchase order was inadvertently closed before the end of FY 2000, and therefore, was not carried forward as encumbered funds in the FY 2001 budget. Beach Construction Company is currently progressing in the construction of the project, and is ready to invoice for the work they have completed to-date. A new purchase order is required in order to compensate Beach Construction Company for their work. FISCAL IMPACT: Budget amendments are necessary to carry forward $1,093,100 (the amount of the contract award, plus a 10% contingency). A new purchase order in the amount of $993,700 is to be funded by a combination of User Fees and Impact Fees as shown below: FUND PROJECT CONTRACT 10% CONTINGENCY TOTAL User Fees (412) 70072 $ 493,700.00 $ 49,400.00 $ 543,100.00 Impact Fees (411) 70073 $ 500,000.00 $ 50,000.00 $ 550,000.00 Total $ 993,700.00 $ 99,400.00 $1,093,100.00 GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendments to carry forward funding in the amount of $1,093,100, and authorize staff to issue a replacement purchase order in the amount of $993,700.00 to Beach Construction Company for the NCRWTP Odor Control Modifications, Projects 70072 and 70073. Peter Schalt, PMP, Project Manager Karl W. Boyer, P.E.,~I ~im Director DATE: REVIEWED BY: Pgb/ic"12Jl~ies Engineering Department ~'~V. Mudd, P.E., Administrator r Public Utilities Division DATE: JAN flq 20ill ! PG. I - ! EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN HISTORIC PRESERVATION GRANT AGREEMENT OF $20,000 FROM THE STATE DIVISION OF HISTORICAL RESOURCES FOR THE ROBERTS RANCH RESTORATION, AND APPROVE THE ASSOCIATED BUDGET AMENDMENT. OBJECTIVE: That the Board of County Commissioners approve an historic preservation grant agreement (Grant no. S 1051 ) for $20,000 from the State Division of Historical Resources to assist with the restoration of Roberts Ranch, and approve the associated budget amendment. CONSIDERATIONS: As part of its discussion regarding the Roberts Ranch acquisition on May 11, 1999, the Board of County Commissioners directed Museum staff to actively seek grant support from the State and other agencies, as available, to assist with the costs of restoring and preserving this historic Immokalee property as a public museum. The County is eligible for a $20,000 matching grant from the Florida Department of State, Division of Historical Resources, to assist with preparing a preservation plan for the Roberts Ranch. Accordingly, a grant application was prepared and on July 27, 2000, the County was awarded a $20,000 state grant (Grant No. S 1051 ) from the Division of Historical Resources, to evaluate and develop a preservation plan for the ranch property. The County Attorney's Office has reviewed and approved this grant agreement for legal sufficiency. FISCAL IMPACT: The grant agreement provides $20,000 from the Florida Department of State, Division of Historical Resources for survey and site planning at the Roberts Ranch. This is a 50/50 matching grant arrangement and The County's portion is available from existing FY00 budget appropriations in the Museum Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the grant agreement with the Florida Department of State, Division of Historical Resources, and approve the associated budget _amendment. ~/fi~ Date: 12~ .ZO-oo SUBMITTED BY: ~on~ro, Museum Director REVIEWED BY: ~; (;. ~ Date: /._>~ -'?--i'- - L -" ' .Pa'~i/~ e60chs, Jr., Servicg's Administrator JAN Historic Preservation Grant Award Agreement Survey and Planning Grants - Advanced Payment Grant No. S1051 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Collier County, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Robert's Ranch Preservation Plan Project, hereinafter referred to as the Project, and is entered into this c2"]4~ dayof ~r/t.~/ , 2000, and shall end on June 30, 2001. The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter IA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of twenty thousand dollars ($20,000.00) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following authorized project work: A Preservation Plan for the Roberts Ranch in Collier Count)' will be prepared. The Plan will address the evaluation, assessment and future preservation needs of the resources of the sites. Bo A draft of the Preservation Plan will be submitted to the Department no later than forty-five days prior to the end of the grant period for review and approval. Co Upon completion of the Project, four copies of the Preservation Plan shall be submitted to the Department as final product of the Project. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY attached as Attachment "A", and Chapter 1A-35, Florida Administrative Code, and the following specific conditions: The Grantee agrees to complete the Project by June 30, 2001 and submit the Final Products and the Final Progress Report and Final Expenditure Report, as specified in Attachment "A", Part II, subparagraph B.2., within 30 days of completion of project work. No costs incurred prior to the commencement date of this Agreement are eligible for payment from grant funds. No costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by the Department before the cost is incurred. Bo The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, 1 Do Eo Lo No The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, Florida Statutes. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(6), Florida Statutes, is not required to pay taxes on any goods or services which may be provided to it pursuant to this Agreement. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. All project work must be in compliance with the Secretary of the Interior's Standards for Preservation Planning. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. 2 III. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. The product of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of twenty thousand dollars ($20,000.00) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of twenty thousand dollars ($20,000.00). In order for any expenditure to qualify for payment, it must be properly documented, be for work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The first three may be made at the beginning of each quarter for which they are allotted. Grantees shall submit the four signed Requests for Advanced Payment Forms (No. HR2E560397, effective 3/97), herein incorporated by reference, with this signed Grant Award Agreement to initiate the grant. The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion ofproject work, the Grantee shall submit the completed "Final Progress and Expenditure Report" form to the Department. The last grant payment installment shall be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reports. When advance payments have been made by the Department, adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report, unless otherwise agreed by the parties. In addition, in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner, the Department reserves the right to demand and receive full reimbursement of all sums which it has paid the Grantee under this Agreement. Payment for project costs will also be coniingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interlot's Standards, and the inspection and approval of the grant assisted work by the Department. The Department further agrees to the following conditions: The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. Bo The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to 3 IV. VI. VII. VIII. IX. XI. assure compliance with the objectives, requirements and limitations of the State Historic Preservation Program. The payment schedule of grant funds shall be subject to the timely filing of required reports and to any special conditions required by the Offme of the Comptroller, State of Florida. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned at the end of the grant period in the form of a check or money order made payable to the Florida Department of State. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such fight, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permined to be an agent, servant, joint venturer, or partner of the State. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter IA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: Suspension. Suspension is action taken by the Department v,,hich temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 4 Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4.. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of&fault letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended XII. XIII. XlV. by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to, Collier County, 3301 Tamiami Trail East, Naples, FL, 34112-, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. 6 All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DEPARTMENT OF STATE COLLIER COUNTY e of Authorized Official Ron Jamro~ Museum Director Typed Name and Title of Authorized Official ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIOMWR~ OF COLLIER COUNTY, FLORIDa Deputy Clerk By: , Chairman Al~prov~d as to form A~a~sta~t Coauty Attor~y 7 Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Grants and Administrative Instructions for Historic Preservation Project Accountability For Advanced Payment State of Florida Department of State, Division of Historical Resources June 2000 JAN 0 Introduction and Definitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department of State is responsible for the administration of a comprehensive program of histodc preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park Service, United States Department of the Interior as authorized by the National Historic Preservation Act of 1966, as amended. Major funding for the overall program is derived from State funds authorized by the Florida Legislature and from the annual apportionment of Federal funds to Florida through the Federal histodc preservation program. The award and administration of grant-in-aid assistance for historic preservation projects to be carried out by public agencies or preservation organizations at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources. The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annual apportionment of Federal funds. Continued eligibility for Federal funding assistance requires that the State's comprehensive historic preservation program be administered in accordance with Federal laws, regulations, and conditions, as well as those of the State of Florida. The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. Definitions "Allowable project costs" are the direct costs in cash expenditures and value of in-kind donations that are necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accountability. "Authorized project work" means those activities described in Section I of the grant award agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" means the agency, organization, or individual named in the grant award agreement. "Grant period" means the period of time beginning on the effective date of the grant award agreement and ending on the date specified in the grant award agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share or local matching share sources, public or private, and whether provided in cash or in-kind. "Project period" means the period of time beginning on the effective date of the grant award agreement and ending when the project completion report is approved by the Department or on the date otherwise specified in the grant award agreement or any amendment thereto. ,I~N 0 9 ?nnl PART I General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the histodc preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions listed below; and special conditions affixed to project grant awards. Applicability These conditions are applicable both to the grantee and to any consultants, contractors, or employees to which grant-in-aid funds are paid. Failure by the grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions Grantee Publicity Requirements. In order to insure a wide public awareness of historic preservation in general and local preservation projects, the grantee shall meet the following requirements regarding publicity of his/her project: At the outset of the project, a news release identifying the project's specifics including source(s) of grant funds, name of the project, along with its nature and benefits to the community shall be sent by the grantee to local print and electronic media. Upon completion of the project, the grantee shall issue another news release to local print and electronic media. There shall be an effort on the part of the grantee to encourage publication of one or more feature stories on the grantee's project by a newspaper, magazine or television program of at least local circulation. Satisfactory evidence regarding feature stories shall consist of a copy of any newspaper or magazine articles; or letter(s) from grantees to newspapers, magazines or television stations indicating the grantee has requested such a feature story; or written certification from the grantee to the Department that an effort was made. In any case, if the effort was successful, the grantee shall provide the Department with a copy of any such articles or written statement of when any television story was broadcast. do During the course of the project, the grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by letter of the nature and benefits of the project. Finally, in the case of rehabilitation or restoration projects, the grantee should also make an effort, where appropriate in the judgment of the grantee, to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature. Federally Funded Projects: All news releases and promotional materials relating to the project shall contain acknowledgment of grant assistance, substantially as follows: 'This project (or publication) has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of Agen~ Ixt~m JAN 0 9/ 001 Pcj Florida Department of State, nor does the mention of trade names .or commercial products constitute endorsement or recommendation by the Department of the Interior or the Florida Department of State. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. if you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, National Park Service, Post Office Box 37127, Washington, D.C. 20013-7127." State Funded Projects: All news releases and promotional materials relating to the project shall contain acknowledgment of grant assistance, substantially as follows: "This project (or publication) has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Department of State. Amendments to the Grant Award Agreement. All amendments to the grant award agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the grantee. Changes in Scope of Project Work. The grantee may not, without formal amendment of the grant award agreement, make changes in the scope of the project which would alter the allowable project work or services as stipulated in the grant award agreement or make any changes which might result in a deviation from the intent of the legislation which authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination. Extension of Grant Period. No extension of the grant period will be authorized without formal amendment of the grant award agreement. Timeliness of Work. The grantee shall cause work on the project to be commenced within a reasonable time not to exceed ninety (90) days after the effective date of the grant award agreement. The grantee shall prosecute the authorized project work to completion with reasonable diligence and within the project period. Project Supervision. The grantee will assure that competent and adequate professional supervision and inspection is provided and ensure that the completed work conforms to the approved standards and specifications. Conflict of Interest. The grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct, including Chapter 112, Part III, Florida Statutes. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which' his or her spouse, minor child, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has ori~s negotiating any arrangement concerning employment has such interest. j- ~,~end,~ [t,e.~ Dual Compensation. If a grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. Contingent Fees. No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee. For breach or violation of this prohibition, the Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage brokerage or contingent fee, or to seek such other remedies as may be legally available. 10. Use of Individual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability contained in Part II herein. In no case will consultant fees over and above regular salary be paid to employees of the grantee organization or of professional firms or organizations whose services have been properly procured by the grantee for the project. The grantee will not use any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures, attending program functions, or any other activities in connection with the project. 11. Civil Rights Compliance. The grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended. Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled individual is solely, by reason of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance. Every grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance of Compliance Form on file. 12. Discrimination in Employment Prohibited. In all hiring or employment in connection with the project, each employer (1)'will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national odgin. In addition, no qualified person shall, on the basis of disability, be subject to discrimination in employment in the grant assisted project. These requirements apply to, but are not limited to, the following: employment, promotion, demotion or transfer; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on equal employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive Orders, including enforcement provisions. 13. Religious Institutions. If the project involves a church or church related organization or property, the grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or ~ctivities. Agenda I_t~r~ JAN 0 9 2.0Ol 4 pg ..~ '] 14. 15. 16. 17. 18. 19. 20. 21. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conduction of candidate's meeting(s), engaging in voter registration or voter transportation activity, or other partisan political activities. . Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 USC 1501 et. seq., as amended, with its stated exceptions. Lobbying Activity. No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 1913. Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910). Federally Funded Project Audit Requirements. Non-Federal entities that expend $300,000 or more a year in Federal awards must have a single or program-specific audit conducted in accordance with OMB Circular A-133. Reports, Records, and Inspections. The grantee will submit financial, program progress, evaluation, and other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds. The grantee, its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectiveness, legality, and achievements of the program. Examination of Records. The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project, or until all claims or audit findings have been resolved. Disclosure of Information. The grant award agreement may be canceled by the Department without prior notices for refusal by the grantee to allow public access to all JAN 0 § documents, papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Information Act, 5 USC 552. 22. Rights to Data and Copyrights. When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 23. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the National Environmental Policy Act of 1969, as amended, 42 USC 4321 el. seq., establishing national policy goals and objectives for protecting and enhancing the environment. 24. Energy Conservation. The grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 25. Convict Labor. The grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. 26. Minority Businesses. The grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Chapter 288.703, Florida Statutes, in accomplishment of project work. To the maximum extent possible, the grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps shall include but not necessarily be limited to the following: (1) inclusion of qualified minority businesses on solicitation lists; (2) the assurance minority businesses are solicited whenever they are identified as potential sources; (3) the division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minodty businesses; (4) the establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and (5) utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Departmentj3ft3o,-7;~;:;,:) ...... · ~Aoen~3a It.era I JAN 0 6 B. Special Conditions Applicable to Acquisition and Development Projects. ..The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. Accessibility for the Disabled. The grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-336; Section 25.21, Florida Statutes; and Part V, Chapter 553, Florida Statutes regarding accessibility for the disabled. Specifications for project work must conform with the "Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped" published by the American National Standards Institute and The Secretary of the Interior's Standards for Rehabilitation. Project Signs. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in process. The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet), be constructed of plywood or other durable material, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign wording shall contain acknowledgment of grant assistance: "THIS PROJECT HAS BEEN FINANCED IN PART WITH HISTORIC PRESERVATION GRANT ASSISTANCE PROVIDED BY THE BUREAU OF HISTORIC PRESERVATION, DIVISION OF HISTORICAL RESOURCES, FLORIDA DEPARTMENT OF STATE, ASSISTED BY THE HISTORIC PRESERVATION ADVISORY COUNCIL." The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. JAN 0 9 7.n..ol [ PART II Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative Records and Reports Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of three (3) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the three year period are finally resolved. All grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Act, 5 USC 552. Financial Records. Financial records must be adequate to account for the receipt and expenditures of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: Documentation of Project Funds. Project funds include the total amount of cash and in- kind values available to defray the direct costs of the project. They consist of the grant assistance share provided by the Department plus the local matching share provided by the grantee. ao Grant Assistance Share. Grant assistance is authorized to pay a percentage of allowable project costs, within the dollar limits of the grant, as specified in the grant award agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds. Local Matching Share. Local matching share may be provided in the form of cash expenditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project work. Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds dedved from the Federal Historic Preservation Fund apportionment to the State of Florida. (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). (1) Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. (2) Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. JAN 0 8 Pg't /'~-- (3) Donated materials shall be valued at the donors cost or the fair market value at the time of donation, whichever is less. How to Obtain Goods and Services (Documentation of Procurement Procedures). Be sure that your organization provides maximum free competition when procuring goods and services related to your grant assisted project. Every effort must be made to use small business firms, minority owned firms, women's business enterprises, and labor surplus areas. With the one exception noted below, the grantee must obtain goods and services by using one of the following methods: Small Purchase Procedures. Goods and services may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that: (1) you request cost quotes or proposals from three or more vendors; and (2) you are provided with an adequate description of the goods and services available. Competitive Negotiation. Professional services may be procured by competitive negotiation procedures in the following manner: (1) (2) (3) Request proposals from three or more competitors; Evaluate and rank their qualifications; and Select the most qualified competitor, ensuring fair and reasonable competition. Be sure that you have also done the following: (a) Publicized the request through notices in local newspapers or'trade journals, in addition to individual solicitations; and (b) Identified all significant evaluation factors and their relative impodance in the request for proposal. Competitive Sealed Bids. Contracts for the procurement of goods and services may be let on the basis of sealed bids solicited through formal advertisement in newspaper of local or area circulation. Be sure to include the following items in your advertisement: (~) (2) (3) Notice of the time and place of public bid opening; Instructions on how to obtain detailed bid documents or procurement specifications; and A statement that public funds are involved. · Exception. The following method must be used by departments or agencies of the state; and by units of county, municipal or other local government: Professional architectural, engineering, landscape architectural, or land surveying and mapping services must always be selected through competitive negotiation procedures as stipulated in the "Consultants' Competitive Negotiation Act", Section 287.055, Florida Statutes. 9 JAN 0 92001 Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: (1) resumes of academic training and employment in the applicable field; (2) evidence of possession of required licenses or business permits; and (3) evidence of any previous experience in projects of a similar nature. Contract Provisions. In addition to provisions defining a sound and complete procurement contract, any grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project: Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the grantee and its primary contractors shall assure equal employment opportunity. (4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. (5) All contracts involving construction work shall include provision for compliance with the Copeland "Anti-Kickback" Act, 18 USC 874, as supplemented in Department of Labor regulations, 29 CFR Part 3, prohibiting employers from inducing any person employed to give up any part of the compensation to which he or she is otherwise entitled. (6) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in paragraph I.A.22. on page 6 of this document. Contract Pricing (1) Procurement by small purchase procedures or cornpet methods may be priced on either a fixed-fee or cost reimbursa. [0 o (2) Procurement by the competitive sealed bid method shall be pri'~ed on a firm- fixed-fee basis. (3) Procurement based on cost-plu,s-percentage-of-cost or percentage-of- construction-cost contracts shall not be included in determining allowable project costs. Documentation to be Submitted to the Department. The grantee shall submit the following items to the Department as evidence or compliance with procurement procedures prior to the execution or any contract for project work: (1) copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications if required - to be submitted upon distribution or publication; (2) a summary of proposals or bids received and the basis for contractor selection - to be submitted upon completion of the selection process; and (3) a copy of the final contract - to be submitted for review and approval by the Department prior to final execution by the grantee. Documentation of Project Costs. The grantee shall submit a Project Progress and Expenditure Report for every reporting period of the grant. Determination of Allowable Project Costs. The total project cost submitted by the grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the grant award agreement. The Department will review each Expenditure Report, and make its determination of the eligible costs on the basis of the following criteria: (1) Allowable project costs shall include: (a) costs incurred by contract for procurement of goods and services approved by the Department; (b) costs incurred by properly documented small purchase procedures; (c) costs incurred by the grantee for the following items applied directly to authorized project work: accounting: the cost of establishing, maintaining, and auditing financial accounts; ii. communications: specific charges for telephone, telegraph, or other communications services; iii. employee salaries and benefits; iv. materials and supplies; Vo procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; vi. reproduction: the cost of limited reproductior and project documents; 1! vii. travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the State, only after obtaining written approval from the Department. (d) the properly documented value of donated services and materials. (2) Costs not allowable shall include: (a) project costs incurred outside the project period; (b) costs of goods and services not procured in accordance with required procurement procedures; (c) costs or value of donations not properly documented as described below; (d) costs incurred by the grantee other than those specified in the authorized project work, or not directly related to the project; and (e) indirect costs incurred for common or joint activities of the grantee. State Funded Projects-Documentation of Grantee Cash Expenditures. Grantees shall provide a detailed listing of each expenditure in the Expenditure Repod, which is to be submitted at the end of each quarter within the grant period and contains the following information: (1) check number; or if a cash expenditure, a copy of the receipt must be submitted; (2) check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; and (3) the purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable; Unless requested by the Department, detailed backup documentation does not need to accompany the Quarterly Expenditure Report. State Funded Projects-Documentation of Donated Values. The value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee'matching share. Documentation of donations shall include lists of individuals donating services or materials, indicating the total hours of volunteer services donated in the accomplishment of authorized project work and the type and fair value of the donated materials. do Federally Funded Projects-Documentation of Grantee Cash Expenditures. In addition to providing a detailed listing of each expenditure in the Expenditure Report, grantees receiving Federal grant assistance must also submit the following documentation as applicable: (1) copies of contractors' invoices itemizing the materials delivered, services rendered, and work items completed; 12 So (2) an original signed and dated receipt from the contractor/supplier showing the date payment was received and the amount received along with a copy of the check or copies of the front and back of the canceled checks; (3) copies of in-kind (salary) services forms indicating the dates and hours devoted to authorized project work signed by both the employee and the supervisor; and (4) copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. eo Federally Funded Projects-Documentation of Donated Values. As with State funded grant projects, the value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee matching share. In addition to providing a listing of donated materials and services in the Expenditure Report, grantees receiving Federal grant assistance must also submit the following documentation as applicable: (1) copies of donated materials forms indicating the materials donated and their value signed by both the donor and the project supervisor; and (2) copies of donated services forms indicating the dates and hours devoted to authorized project work signed by both the volunteer and the project supervisor. Transfer of Grant Funds. Grant funds shall be transferred to the grantee in four quarterly payments. Payment for the first quarter shall be transferred upon receipt by the Department of the grantee's first Progress and Expenditure Report. Grant funds for the second quarter will be sent to the grantee upon receipt of a second Progress and Expenditure Report. The third quarter payment shall be transferred upon receipt of the third Progress and Expenditure Report. The final quarterly payment will be transferred to the grantee upon completion of the grant project and submission and review of a properly documented Final Project Progress and Expenditure Report, and a determination by the Department that the grantee has complied with all terms of the grant award agreement. The fourth quarterly payment cannot be transferred to the grantee prior to the fourth quarter. For state agencies and state institutions of higher education, grant funds may be transferred on a reimbursement rather than advanced payment basis. Journal Transfers will be processed upon receipt by the Department of an invoice for the amount requested for reimbursement (50% of the allowable project costs incurred during this billing period), and a completed Request for Journal Transfer form. Incremental Payments: The total of grant funds transferred to the grantee in response to requests for incremental payments prior to final completion of the project work shall not exceed seventy-five percent of the amount reserved for the project as stated in the grant award agreement. Final Payment: The total of grant funds transferred to the grantee following final project completion', including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. Project Progress and Completion Reports. A Project Progress Report is r, assisted projects, regardless of the type of work involved: ~r~,~red for all grant Agend~ JAN 0 9 2801 Project Progress Report. To be submitted at the end of each quarter within the grant period. It should be submitted in conjunction with the Expenditure Report. This report shall include: a. include a schedule of the anticipated completion of major project work elements and final completion of the project; b. a brief description of work accomplished in the previous three months; Go a description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; d. copies of required documents (contracts, press releases, etc.) as applicable; and photographic documentation of construction work in-progress or completed work may be included. Final Project Progress Report. To be submitted within 30 days of completion of all project work in conjunction with the Final Expenditure Report. In addition to the above information, this report shall also include: a description and explanation of any variations between the planned project work and that actually accomplished; a description and explanation of any significant differences between the planned project budget and the actual project costs; c. photographic documentation of completed construction work; and d. required audit documents. RepoAs Required for Survey Projects. In addition to the reports described in B. above, the following reports are required for historic and archaeological survey projects: Final Survey Report. To be submitted in a draft form no later than forty-five (45) days prior to the end of the grant period and as the final product at the conclusion of the project period. Archaeological Survey Reports shall comply with the "Archaeological Report Standards and Guidelines," Rule 1A-46, Florida Administrative Code. This report shall include in the following order: a title page indicating the name of the project, the name of the author, and the date of the report; bo an acknowledgments page citing the sources of funding and other significant assistance; disclaimer, and civil rights statement (civil rights statement applies to Federally funded projects only); c. an introduction describing the origin and objectives of the project; a description of the survey area or theme, accompanied by a Florida Department of Transportation county highway map or USGS topographic map o.utlining or highlighting the survey area with identified sites plotted on a legible map of appropriate scale; 14 Do a summary of all past field surveys in the survey area of the current Project and their major findings relevant to the current survey; a description of the field survey, including the specific methodology employed to identify sites, to locate their boundaries, and to evaluate them; go a summary and chronological narrative of the significant historical events or developments related to the project area or theme; identification of individuals and organizations that played significant parts in those events and/or developments; a final list of all previously identified sites located within the survey area, including the Florida Site File Number and Survey Record Number; a final list of all newly identified sites within the survey area, including the Flodda Site File Number and Survey Record Number; No conclusions and recommendations as to the significance of resources identified according to National Re9ister of Historic Places criteria, local designation criteria (where applicable); and future survey, planning, and preservation action; and I. a list of bibliographic sources and other appropriate supplemental material. Survey Log Sheet. To be submitted with the Final Survey Report. The Survey Log Sheet form shall be provided to the grantee by the Department, and shall be completed as specified in Attachment B. Florida Site File forms. To be submitted with the Final Survey Report for all sites recorded during the survey. These forms shall be completed as specified in Attachment B. Reports Required for Community Education Projects and Preservation Planning Projects. In addition to the reports described in B. above, a draft of the final product will be submitted to the Department no later than forty-five days (45) prior to the end of the grant period; supplemental reports or drafts of the final product may be required to be submitted for community education and preservation planning projects depending on the nature and scope of the individual project. ]5 ! JAN 0 9 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS NESSESARY TO REIMBURSE THE FRIENDS OF THE MUSEUM FOR THE DEMOLITION AND REMOVAL OF THE SALVAGEABLE PARTS OF THE ICE HOUSE AT NAPLES AIRPORT. OBJECTIVE: To reimburse the Friends of the Museum $7,000 for payment made on behalf of the Museum to Abbott Construction for the demolition and removal of the salvageable parts of the Ice House at Naples Airport. CONSIDERATION: At its November 28, 2000 Board Meeting the County Commissioners authorized and/or directed: · The County Manager to enter into an agreement to demolish and remove the salvageable parts of the World War II Ice House subject to all parties' approval in an amount not to exceed $20,000. · A budget amendment to use Tourist Development Council (TDC) reserve funds · Staff to subsequently present a proposal for reconstructing the building using the salvageable parts. The actual costs of the demolition and removal of the salvageable parts was $7,000. In accordance with Florida State Statute prior to the Board of County Commissioners appropriating TDC funds, a recommendation for such must be presented to the TDC. Since the TDC only meets quarterly, and in view of the limited time constraints associated with the demolition of the Ice House, at staff's request the Friends of the Museum paid the demolition contractor with the understanding that they would be reimbursed by the County with Museum TDC funds. At the January 8, 2000 TDC meeting staff will present a proposal for the appropriation of TDC funds for the demolition and reconstruction of the Ice House using the salvageable parts. At the Board of County Commissioners meeting on January 9, 2000, staff will update the Commissioners on the actions taken by the TDC and request an appropriation of $7,000 to reimburse the Friends of the Museum for the demolition of the Ice House. At a subsequent Board meeting staff will present a recommendation on the reconstruction of the building. FISCAL IMPACT: The total cost to the County for the demolition and removal of the salvageable parts of the Ice House is $7,000. Funds are available for the reimbursement of the Friends of the Museum in the amount of $7,000 from an interfund transfer from the Tourist Development Tax Fund (193) Reserves for Cont. i_ngencies to the Museum Fund (198). AGENDA ITEM No._ / JAN - 9 2001 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this proposal. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendments to reimburse the Friends of the Museum $7,000 for the demolition and removal of the salvageable parts of the Ice House. SUBMITTED BY: REVIEWED BY: Date: Date: APPROVED BY: Date: AGENDA ITEM JAN -'9 2001 Pg ....~_~ .... EXECUTIVE SUMMARY APPROVE A WORK ORDER FOR VINEYARDS COMMUNITY PARK, STORAGE BUILDING Objective: To obtain approval of Work Order #VC-00-17 for Vineyards Community Park in the amount of $54,650 with Varian Construction Co. Consideration: On 2/22/2000, Work Order # VC-00-17 was executed by Staff for labor and material for construction of the storage building and dumpster enclosure at Vineyards Community Park in the amount of $54,650. This Work Order includes all site work, fencing, electrical, plumbing work and temporary fencing to secure the site during construction in accordance with the contract drawings A-l, A-2, SP-1, S-I, S-2, specifications and documents. The Parks and Recreation Department is requesting that Varian Construction Co. be awarded the work order. Fiscal Impact: The total cost of the requested work order is $54,650. Funds for this project are budgeted in the Community Park Fund (368) in the amount of $77,500. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: order # VC-00-17 with Varian Construction Co. Prepared by: ~) ~~'-'-- Debbie Roberts, Operation Coordinator Parks and Recreation Department That the Board of County Commissioners approve the necessary Work Reviewed by: ~ ~ Tony Ruberto, Project Manager Department of Parks and Recreation Date: Reviewed by: Marla Ramsey, Dire~/o~ Department of Parks and Recreation Appr°ved bY' L~, .~ L.~~jr. c~S~vs ~'0' h e - . Division of Pu'blic Services Date: /,~/~ 7'/~a~ . Date: Agend~ Item JAN o WORK ORDER gVC-00-17 "General Contractor's Services" Contract # 99-3025, dated February 22, 2000 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Vineyards Community Park, Storage Building The work is specified in the proposal dated November !7, 2000 from Varian Construction Co., which is attached hereto and made a part of this Work Order. In accordance with Terms and conditions of the Agreement referenced above, Work Order #VC-00-17 is assigned to Varian Construction Co. Scope: Contract to supply all labor and material for construction of the storage building and dumpstar enclosure, including all site work, fencing, electrical, plumbing work and temporary fencing to secure the site during construction in accordance with the contract drawings A-l, A-2, SP-1, S-l, S-2, specifications and documents. Schedule of Work: Complete within 105 calendar days from Notice to Proceed. Liquidated Damages: $500 per day for each and every day that the 105 calendar day schedule is exceeded. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TASK I $ 54,650.00 TOTAL FEE $ 54,650.00 Any change made subsequem to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. P~ntonio Ruberto, Project Manager Parks~n31 Recreatio/ahDepartment M~'la Ramsey, Dir~-cto~-- / Parks and Recreation Deparfrnent Date Date Agenda I~tem J ,N 0 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: JAMES D. CARTER, Ph.D., Chairman Date: !z-{i ~{ O0 ATTEST: (Corl~?,rate Secre~mrj, ~ By: Marie g. Varian, Secretary Typed Name and Title (or) witnesses (2) ntractor Signature (I) Signature (2). Signature (Print Name) Approved as to form and legal sufficiency' . rhontas-d.~;,lm'er Assistant County Attorney (Print Name) Agenda Item .o._L~- JAN 0 9 2001 EXECUTIVE SUMMARY APPROVE THE AMENDMENT TO THE OLDER AMERICANS ACT GRANT CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDED CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract amendment is necessary to decrease the spending authority in accordance with the grant contract agreement. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 25 years through the Older Americans Act program. This amendment to the continuation grant will decrease the original contract spending authority in the Title III C-1 portion of the contract by $19,338 for the period January 1, 2000 through December 31, 2000. The decrease was the result of a delay in the opening of a new congregate meal site in Everglades City for which these funds were originally allocated. Title llI c-1 of the Older Americans Act allows for the delivery of congregate meals and nutrition education to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. GROWTH MANAGEMENT: There is no gro~th management impact from this recommendation. FISCAL IMPACT: There is no direct fiscal impact from this recommendation. The total grant decrease in the amount of $19,338 is the spending authority portion of the contract funded from the State of Florida grants and aids appropriation retained by the grantor agency, the Area Agency on Aging, for payment directly to the meal provider. The grantor agency contracts directly with the meal service provider to pay for services authorized by Collier County Services for Seniors. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the amended OAA grant contract and authorize the Chairman to sign the amended contract. The amended agreement has been reviewer an~_ ~.~sd by the County Attorney. Prepared by~ ~ Date: JohnFeb!I, Services for Seniort"' ~ s Accounting Technician Reviewed and Approved by: ~' ~ ~'~ .... ~ ........ Date: /Nanci E. Lochner, Services for Seniors Program Manager Reviewed and ~_ \1~ ~ ' Approved by: .\ ~/x[l.J~'~,,Af,~ ,~_~x~ Date: Marth~ Skinner, Social Services Director Reviewed and ----,~ · Approved by: ~.eo.. E. Ochs, Jr., Publi.c'Services Administrator Amendment #003 Page # 1 STANDARD CONTRACT THIS AMF~NDMENT entered into between Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida hereinafter referred to as the "agency", and Collier County. Board of County. Commissioners, hereinafter referred to as the "provider", amends Standard Contract #OAA 203.00. The purpose of this amendment is to decrease Title HI C-1 Spending Authority Allocation by $19,338.00, for Collier County. New allocations are as follows: Program Title Spending Authority CFDA# Fund Amounts [Allocation Title GIC1 Congregate MealsSpending Authority 93.045 $109,805.00 Allocation TOTAL SPENDING $ 't o 9,8 o 5. o o AUTHORITY ALLOCATION CONTAINED IN THIS CONTRACT: This amendment shall begin on November 1, 2000 or the date on which the amendment is signed by both parties, whichever is later 2.THIS AMENDMENT shall be effective on the date that it is signed by both parties. All provisions in the contract and any of its attachments which are in conflict with this AMENDMENT are hereby changed to conform with this AMENDMENT. i~mendment #03)_3. Page # STANDARD CONTRACT All provisions not in conflict with this AMENDMFNT are still in effect, and are to be performed at the level specified in the contract. This AMENDMENT is hereby a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this 2 page AMENDMENT to be executed by their officials there unto duly authorized. Collier County Board of County Commissioners Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida SIGNED BY: SIGNED BY: NAME: NAME: GingerKoch TITLE: Chairman TITLE: Board President DATE: DATE: PROVIDER FEDERAL ID NUMBER: 5 9 6 0 0 0 5 3 8 PROVIDER FISCAL YEAR ENDING DATE: 0 9 / 3 0 / 0 1 Approved as to legal form and sufficiency: Chief Assistant County Attorney EXECUTIVE SUMMARY APPROVE THE MEDICAID WAIVER REVISED CONTINUATION CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 8 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state and federally funded program. This revision to the continuation contract for the period July 1, 2000 through June 30, 2001 allocates spending authority funding for the 2nd quarter of the contract period that will allow for the continued delivery of home and community based services such as homemaking, personal care, respite care, and case management services to the County's frail elderly preventing costly and permanent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The program requires no local matching funds. GROWTH MANAGEMENT: There is no grox~Xh management impact from this recommendation. FISCAL IMPACT: There is no direct fiscal impact from this recommendation. All budgeted costs are reimbursed through requests for payment (claims) to the State of Florida Medicaid fiscal agent. The revision to the contract allocates indirect spending authority funding on a quarterly basis. This program requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the revision to the Medicaid Waiver Spending Authority Contract and authorize the Chairman to sign the contract. The contract has been reviewed and approved by the County Attorney. Prepared B~r- /~/t/ Date: John~r~!, Service"'/s for Seniors Accounting Technician Reviewed and Jft~ .~ Approved by: ~'~'----- ,~' · ~'z::t'------ Date: ~Ianci E. Lochner, Services for Seniors Program Manager Reviewed and Approved by: Reviewed and Approved by: Martha~Skinner, Social Services Director -~i-~ ~/- ,' '~'.~ , Date: Leo E~)Dchs, Jr., Publi~S&vices Administrator 10/00 Contract No. ADAW. 203.200 Medicaid Waiver Spending Authority Contract Area Agency on Aging for Southwest Florida. Inc.. d/b/a Senior Solutions for Southwest Florida THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b/a Senior Solutions for Southwest Florida, Inc., hereinafter referred to as the "area agency", and the Collier C0un.ty Board of Co.unty Commissioners, hereinafter referred to as the "case management agency". The parties agree: I. The Case Management Agency Agrees: Request for Payment Service provider agencies should submit requests for payment (claims) to the Medicaid fiscal agent within 60 days after services have been provided or document reasons for delayed submission of claims which will be made available to the Area Agency on Aging upon request; if the service provider fails to submit claims within 60 days and fails to document reasons for delayed submission as required, spending authority amounts may be adjusted to reflect the most current claim (expenditure) information available. Future allocation amounts may be contingent on timely submission of claims. Usual and customary rates for case management and case aide (if applicable) services to be provided by your agency are listed in Attachment I. Case management agency rate increases/decreases must be forwarded to the area agency along with justification for any increase. Service provider agencies should submit 081 void or adjustment claims no later than 45 days after the error has been identified. Conflict of Interest The case management agency hereby agrees that it will develop and implement a policy to ensure that its employees, board members, management, and service providers, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. A conflict of interest includes, but is not limited to, receiving, or agreeing to receive, a direct or indirect benefit, or anything of value from a service provider, client, vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case management agency must ensure that all individuals make a disclosure to the department of any relationship which may be a conflict of interest, within thirty (30) days of an individual's original appointment or placement on a board, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of the contract. 1 o/oo c, Contract No. ADAW.203.200 Audits and Records 1. To maintain books, records, and documents (includ'.mg electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the area agency under all contracts under this agreement. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the area agency, Department of Elder Affairs, as well as by federal personnel, if applicable. o To maintain and file with the area agency such progress, fiscal and inventory and other reports as the area agency may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the contracts incorporating this agreement by reference. 4. To include these aforementioned audit and record keeping requirements in all approved agreements and assignments. 5. The case management agency agrees to respond to requests for client information and statistical data for research and evaluative purposes when requested by the area agency. Monitoring 1. To provide progress reports, including data reporting requirements as specified by the area agency and Department of Elder Affairs. These reports will be used for monitoring progress or performance of the contractual services as specified in this agreement. The case management agency agrees to coordinate meetings with the service providers as requested by the area agency when it becomes evident that spending authority amounts are not being properly managed in accordance with this agreement. To permit persons duly authorized by the area agency and the Department of Elder Affairs to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this agreement or the mission and statutory authority of the area agency or the Department of Elder Affairs, and/or interview any clients and employees of the case management agency to be assured of satisfactory performance of the terms and conditions of the contract. Following such inspection the area agency will deliver to the case management agency a list of its concerns with regard to the manner in which said goods or services are being provided. The case management agency will rectify all noted deficiencies provided by the area agency within the time set forth by the area agency, or provide the area agency with a reasonable and acceptable 2 -1 o/oo Contract No, ADAW.203.200 justification for the provider's failure to correct the noted shortcomings. The area agency shall determine whether such failure is reasonable and acceptable. The case management agency's failure to correct or justify deficiencies within a reasonable time as specified by the area agency may result in the area agency taking any of the actions identified in the Enforcement section, or the case management agency's deeming the case management agency's failure to be a breach of contract. II. Spending Authority The area agency authorizes payment in accordance with Attachment I to this agreement in the amount of $68,532 for the Home and Community Based Medicaid Waiver for the second quarter of SFY 00-01. The area agency has authorized payment in the amount of $16,271 for the Consumer Directed Care Medicaid Waiver for the second quarter of SFY 00-01. The case management agency may, with prior written approval from the area agency, move money between the Home and Community Based Waiver and the Consumer Directed Care Waiver within the total allocated amount for both waivers. The area agency may alter the allocation formula to avoid deficit spending, ensure continuation of service to clients, and to ensure proper administration of the waiver throughout the PSA. Case management agencies mu~t not exceed allocated spending authority limits without first obtaining written authorization from the area agency on aging and/or The Department of Elder Affairs. Case management agencies are responsible for continued monitoring of service providers to facilitate compliance with this requirement. III. The Case Management Agency and Area Agency on Aging Mutually Agree: Effective Date 1. This contract shall begin on both parties, whichever is later. July 1, 2000 or on the date the contract has been signed by 2. This contract shall end on June 30, 2001 Special Provisions The Department of Elder Affairs is establishing criteria to prioritize new clients for service delivery. It is not the intent of the Department of Elder Affairs and/or the area agency to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. The following assessment and prioritization for service delivery protocol will be used: (a) Abuse, Neglect and Exploitation: The case management agency will ensure that pursuant to Section 430.205(5), Florida Statutes, those elderly persons who are determined by adult protective services to be vic~ :tins of abuse, neglect, or exploitation who are in need of immediate services, will be given primary consideration for receiving home andJ cornmum y 10/00 re Contract No. ADAW.203.200 As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed between agency service providers and adult protective services. (b) Priority Criteria for Service Delivery: (1) (2) (3) (4) (5) individuals in nursing homes under Medicaid who could be transferred to the community; individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; individuals in nursing homes which are closing and can be discharged to the community; individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; and individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. (c) Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's client assessment form administered to each applicant. The most frail individuals not prioritized in groups one or two above, regardless of referral source, will receive services to the extent funding is available. Termination 1. Termination at Will This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to fmance this agreement become unavailable, the area agency may terminate this agreement upon no less than twenty-four (24) hours notice in writing to the case management agency. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department of Elder Affairs shall be the final authority as to the availability of funds. 4 10/00 Contract No. ADAW.203.200 Termination for Breach Urdess the case management agency's breach is waived by the area agency in writing, or the case management agency fails to cure the breach within the time specified by the area agency, the area agency may, by written notice to the case management agency, terminate this agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. The provisions herein do not limit the area agency's right to remedies at law or to damages, or to legal remedies of an equitable nature. Notice and Contact Information 1. The name, address, and telephone number of the contract manager for the area agency for this contract is: Terry F. White, Executive Director Area Agency on Aging for Southwest Florida, Inc. cl/b/a Senior Solutions for Southwest Florida 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 2. The name, address, and telephone number of the representative of the area agency on aging responsible for administration of the program under this contact is: Nanci Lochner. Pro,am Supervisor Collier County_ Services for Senior~ Collier Coun .ty Government Complex 3301 Tami~tmi Trail East, Building H (.941)774-8443 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 5 10/00 Contract No. ADAW.203o200 I IN WITNESS THEREOF, the parties hereto have caused this 7 undersigned officials as duly authorized. II .page contract to be executed by their CASE MANAGEMENT AGENCY BOARD PRESIDENT OR AREA AGENCY ON AGING: Area Agency on Aging for Southwest Florida d/b/a Senior Solutions of Southwest Florida AUTHORIZED DESIGNEE SIGNED BY: NAME: TITLE: Chairmon DATE: October 8, 2000 FEDERAL ID N~UMBER: 5 9 6 0 0 0 5 3 8 SIGNED BY: NAME: TITLE: DATE: Ginger D. Koch Board President October 8, 2000 . Approved as to legal form and sufficiency: R~d~l r o Mana~ich Chief Assistant County Attorney 6 1 o/oo Contract No. ADAW.203.200 Attachment I Services to be provided: Case Management - Services which will assist individuals who receive waiver services in gaining access to needed waiver and other State plan services, as well as needed medical, social, educational and other services, regardless of the funding source for the services to which access is gained. Case managers shall be responsible for ongoing monitoring of the provision of services included in the individual's plan of care. Case managers shall initiate and oversee the process of assessment and reassessment of the individual's plan of care and the review of plans of care at such intervals as are specified in the State of Florida Agency for Health Care Administration Home and Communi .ty Based Waiver For Aged/Disabled Adult Services 1915(c) Medicaid Waiver Renewal Request. dated May 1998. Case Aide - Case Aid services are provided by paraprofessionals under the direction of case managers. Case Aides maximize the productivity of case managers through the use of more cost effective assistants for routine nonprofessional tasks. Case aides will not formulate care plans of perform needs assessments or reassessments. Case aides services include: assistance with implementing plans of care, oversight and supervision of provider training activities, facilitating links of providers with recipients via telephone contacts and visits. CASE MANAGEMENT AGENCY UNIT RATES - FISCAL YEAR 2000-2001 Case Management Agency: Collier County Services for Senior~ County Served: Collier Case Management Unit Rate: $ 43,60 [ hour Case Aide Unit Rate: $ n/a / hour PLEASE NOTE: The Medicaid billing agent will pay an organization's usual and customary rate for service or the maximum rate allowed by Medicaid, whichever is lower. Currently the maximurn ADA Waiver rates allowed by Medicaid are as follows: Case Management: $45.00 / hour Case Aide: $21.00 / hour ~ 0 JAN 0 S 200~1 ,, EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO INCREASE APPROPRIATIONS FOR PERSONNEL, OPERATING COSTS, AND FUEL IN FLEET MANAGEMENT FUND (521) TO SUPPORT MAINTENANCE AND OPERATIONS OF THE NEW COLLIER COUNTY PUBLIC TRANSIT SYSTEM. OBJECTIVE: Obtain Board approval to increase appropriations for personnel, operating costs, and fuel in Fleet Management Fund (521) to support maintenance and operations of the new Collier County Public Transit System. CONSIDERATIONS: The new Collier County Public Transit System will begin operations in February 2001 w~th seven buses and two vans. The average estimated annual mileage per bus is approximately 50,000 miles, and 30,000 miles per van. These vehicles will consume about 50,000 gallons of fuel each year. Collier County Fleet Management will provide vehicle maintenance and fueling services for the transit system. This will require two additional mechanics, mechanic training, and additional consumable parts and fuel not originally budgeted for this fiscal year. The two mechanics are based on the high vehicle mileage, known scheduled preventive maintenance and predictive unscheduled maintenance requirements, and manufacturer recommendations. FISCAL IMPACT: Fleet Management expenditure appropriations for FY 2001 will increase by $52,600 for personnel, $13,200 for operating costs, and $44,000 for fuel. Revenues to cover these added costs will come from Federal Transit Authority (FTA) and Florida Department of Transportation (FDOT) grant money in the transit system's operating fund 126- GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Management Fund (521). SUBMITTED BY: REVIEWED BY: APPROVED BY: The Board approve the budget amendment as outlined above in Fleet / ,/'. ,'/ //,- ,~,r-/~'t~'~'"'/~l !-r' ~.~., Date: /,-~/ ~/~ an'e . 'gfi -, - f~ac' ities Management Director ~; Date: ~-~ne Varc~e-L~ Suppo~ /~~ Se~ices Administrator .JAN 0 9 2001 I EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT IN THE AMOUNT OF $12,000 TO TRANSFER FUNDS FROM THE OPERATING BUDGET TO THE CAPITAL BUDGET OF THE GROUP HEALTH AND LIFE FUND FOR THE PURCHASE OF A WELLNESS PROGRAM SOFTWARE AND SCANNER. OBJECTIVE: The objective of this item is to transfer existing budgeted funds from the operating budget to the capital budget of the Group Health and Life Fund for the purpose of purchasing software to prepare and compile wellness profiles on county employees for the county's corporate wellness program. CONSIDERATIONS: In the FY 2000 budget, the Board approved funds in the amount of $35,700 for the purchase of goods and services necessary to institute a corporate wellness program. These funds were allocated to the operating budget of the Group Health and Life Fund. On December 13, 2000 the Board approved the creation of a new position titled, "Wellness Coordinator" who, among other duties, will coordinate the completion of wellness profiles on county employees and maintain a database of the information received via the wellness profiles received from employees in order to prepare individual reports to employees and an overall corporate wellness report. This data will also be utilized to identify, plan and implement specific wellness programs for County employees. At the time the FY 2000 budget was adopted, it was not certain that the county would need to purchase specific capital items for this program so the entire budget for the Wellness program was appropriated in the operating budget. Howe.ver, with the institution of an in-house Wellness Coordinator, it has been determined that this software will be needed to fulfill their duties. Therefore, it is recommended that existing funds be transferred from the operating budget to the capital budget of the Group Health and Life Fund to purchase this software. The vendor for the software is Wellsource, a leading provider of wellness profiling software. Last February, the county sponsored a health fair for its employees and utilized the Briggs Wellness Center to compile wellness profiles for county employees. Briggs utilizes the Wellsource software and the county currently has over 400 profiles in this system. Thus, this existing database would be compatible and easily transferable if the county purchased the Wellsource product. Given this compatibility advantage, it is recommended that the county purchase the Wellsource product. The cost of the software is $5,995 and requires the purchase of an Optical Scanning Module for $795 and a Scanner in the amount of $3,995 for a total cost of $10,785 plus shipping. It is recommended that a budget amendment in the amount of $12,000 be approved to cover all anticipated and unanticipated costs. FISCAL IMPACT: The total cost of this purchase is $12,000. Funds in the amount of $35,700 are already appropriated in the operating budget of the Group Health and Life Fund for the Wellness Program. It is recommended that $12,000 of said amount be transferred to the capital budget of the Group Life and Health Fund to purchase the Wellsource product, scanning software, and scanner. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this agenda item. RECOMMENDATION: It is recommended that $12,000 be transferred from the operating budget to the capital budget of the Group Life and Health Fund to purchase the Wellsource product, scanning software, and scanner and that Wellsource be declared a sole source due to its compatibility with the existing county database. SUBMITTED BY: ~~~.z~~- Date: ?-'~/t-~-~A o /'J~f~Wa~ker, CPCU, ARM, Director, Risk Management REVIEWED BY: (~,~J~,~,~- ~ Date: /r X~o-Anne Varcoe-L~mer, Support Services Administrator EXECUTIVE SUMMARY APPROVAL OF AN AMMENDMENT TO THE CONTRACT BETWEEN ROBEY BARBER INSURANCE SERVICES CORPORATION AND COLLIER COUNTY TO RECOGNIZE THEIR AQUISITION BY CORPORATE BENEFIT SERVICES OF AMERICA, INC., AND THEIR ASSOCIATED CHANGE OF NAME. OBJECTIVE: The objective of this item is to receive approval from the Board of an amendment to the contract with Robey Barber Insurance Services Corporation, the county's group health third party claims administrator, recognizing a change of their corporate name to Corporate Benefit Services of America, Inc. due to their acquisition. CONSIDERATIONS: On October 1, 2000, the Board entered into a contract with Robey Barber Insurance Services Corporation, for the performance of group health claims administration services. Corporate Benefit Services of America, Inc. subsequently purchased Robey Barber. On November 1, 2000 Robey Barber officially changed its name to Corporate Benefit Services of America, Inc. As a result of this change, staff is seeking the approval of an amendment to the contract that reflects this name change. This change of name will not change the scope of services and no other changes to the contract are sought. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this agenda item. RECOMMENDATION: It is recommended that the Board approve the amendment of the contract with Robey Barber Insurance Services Corporation recognizing the change of corporate name to Corporate Benefit Services of America, Inc. and authorize the chairman to execute such amendment subject to an approval as to legal sufficiency by the County Attorney's office. SUBMITrED BY: REVIEWED BY: 4'ef~Va]l(er, CPCU, ARM, Director, Risk Management ~Jo5Anne Varcoe-Leamg, v,, ~upport Services Administr'ator' EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CANCELLATION OF CURRENT TAXES UPON A FEE-SIMPLE INTEREST COLLIER COUNTY ACQUIRED BY WARRANTY DEED FOR PUBLIC USE AND WITHOUT MONETARY COMPENSATION. OBJECTIVE: To adopt a Resolution to cancel the current (2000) taxes due upon a fee-simple interest that Collier County has acquired by Warranty Deed, for public use and without monetary compensation paid by the County. CONSIDERATION: On November 2, 1993, the Board of County Commissioners adopted Resolution No. 93-499, thereby allowing the Board to cancel taxes upon land acquired by Collier County for public use and without monetary compensation. Collier County recently obtained fee-simple ownership through a generous donation from A.R.M. Development, Inc. The certain fee-simple interest was conveyed through a Warranty Deed that was recorded on December 6, 2000, in Official Records Book 2751, Page 1281. The Real Property Management Department has requested that the current taxes due, in an amount not to exceed $650.00, be canceled on this certain fee-simple parcel. Adoption of the attached Resolution shall provide the Board's directive and authorization to cancel the necessary taxes on the certain fee-simple interest described therein. FISCAL IMPACT: No fiscal impact will be incurred. GROWTH MANAGEMENT IMPACT: The Collier County Growth Management Plan will not be impacted as a result of the requested actions. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution canceling current taxes upon the fee-simple interest obtained by Warranty Deed as described therein. (2) Authorize the Chairman to execute the attached Resolution. SUBMITTED BY: , ~..// ~4/~ Cindy M. Bffo, Real Property Specialist III, DATE: REVIEWED BY: (~~~/,j1 P~opert~. Management Department 111tJ es C~,rrington, Direct0'r,J ' ' ' Real Property Management Department DATE: APPROVED BY: ._~ J,6~e:-Varcoe-Leamer,~dministrator, Administrative Services Division 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 I9 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 55 56 57 RESOLUTION NO. 2001 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CANCELING CURRENT TAXES UPON LAND ACQUIRED FOR PUBLIC USE. WHEREAS, a five (5) acre parcel, more or less, located within Section 8, Township 50 South, Range 26 East, Collier County, Florida, was conveyed to the County by Warranty Deed for public purposes without monetary compensation paid by the County; and WHEREAS, the Warranty Deed was recorded in O.R. Book 2751 and Page 1281 of the Public Records of Collier County, Florida, on December 6, 2000; and WHEREAS, the property will be utilized for future stormwater purposes by Collier County, Florida; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 93-499 on November 2, 1993, approving a policy to cancel current real property taxes upon land acquired by Collier County or the Collier County Water-Sewer District without monetary compensation for public use; and WHEREAS, Sections 196.28 and 196.29, Florida Statutes, provide that the Board of County Commissioners of each County of the State of Florida is given full power and authority to cancel and discharge liens for (real property) taxes, delinquent or current, upon land held or owned by said County for public use by a governmental unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the current outstanding real property taxes on the property located within Section 8, Township 50 South, Range 26 East, Collier County, Florida, and more particularly described in Exhibit "A" attached hereto are canceled as of January 31,2001. This Resolution adopted this motion, second and majority vote. day of ,2001 a~er ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: _EIlen T. ChacOwell ~' Assistant County Attorney BY: JAMES D. CARTER, PH.D., CHAIRMAN EXHIBIT "A" FOLIO #: 00404480006 THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF AS RESERVED FOR ROAD RIGHT-OF-WAY PURPOSES. -"""'-' ~' ~G£ IT JAN 0 9 2001 EXE TIVE MARY AUTHORIZE TERMINATION OF ARTHUR ANDERSEN CONTRACT FOR A POSITION CLASSIFICATION STUDY. OB,IECTIVE: To comprehensively review the County's current pay plan to ensure internal equity and proper classification of the various job titles. CONSIDERATIONS: The County is presently under contract with the firm of Arthur Andersen Consultants to perform a classification study within the Board of County Commissioners' agency. Subsequent to commencing this phase of the work, staff has encountered several issues regarding the scope of the services to be performed. After discussing this with the consultant's representatives, staff believes that the current project approach will not sufficiently meet the needs of the agency. Further, it is not certain at this time that the consultant is fully willing or able to modify the project approach. Staff discussed these issues with the consultant and has not been able to reach a successful resolution to these matters. Therefore, staff recommends to the Board that the current agreement be terminated for convenience. The consultant has been notified of the intent to terminate, subject to Board approval. The termination shall officially take effect at the expiration of a 30 day notice requirement. Further, at the January 23rd Board meeting, staff will be prepared to present alternative options to the Board pursuant to the consideration of this recommendation. FISCAL IMPACT: There is $33,500 currently budgeted in the General Fund, Human Resources Department for Phase II of the contract with Arthur Anderson. In recognition of their efforts to date, Collier County is prepared to pay Arthur Andersen the amount of $6,735 for services rendered under Phase II, subject to the provision of a proper invoice for these services. GROWTH MANAGEMENT IMPACT; There is no anticipated growth management impact. RECOMMENDATION; That the Board of County Commissioners terminate contract 99-2999 with Arthur Andersen Consultants and consider and direct staff to take REVIEWED BY: REVIEWED BY: alternative action to be presented to the Board in public session. L~ Q -a'.,Z~'/if'/~~/ Date: SUBMITTED BY:. ~'eorge i~. Bradley, fir Human Resources Director ~/~//~ &/~. ~)~'(~ Date: Steve ~a~ell,:CPM [ PurchasinffGeneral Se~ices Director ~'~ ~:'~'~ " Date: ~xfifie Learner, d'(~ Suppo~ Se~ices Administrator JAN o 2OOl EXEC J_TIVE _SUMMARY RECOMMENDATION TO AWARD BID NO. 00-3179 FOR THE ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES TO TUFF PUBLICATIONS, INC. OBJECTIVE: To obtain advertising services pertaining to the referenced properties pursuant to state law and the County's Purchasing Policy. CONSIDEI~:ATIONS: Pursuant to Chapter 197 F.S., counties are required each year to advertise the list of real estate and tangible personal properties for which annual tax payments have not been collected prior to final resolution of the unpaid debt. The list of delinquent real estate properties is to be advertised at least three times prior to the sale of tax certificates. The list of delinquent tangible personal properties must be advertised at least once prior to the issuance of warrants. Section 197 F.S. calls for the Board of County Commissioners to select the newspaper for advertising the referenced lists of delinquent properties. In the event that the Board does not select the newspaper, the Tax Collector makes the selection. On November 21, 2000 solicitations were sent to six (6) area publications. On December 6, 2000 ---~roposals were received from one (1) newspaper, Tuff Publications, inc. A copy of the tabulation .leet is attached to this summary. The specification calls for the successful bidder to publish the Delinquent Real Estate Tax Roll and the Delinquent Personal Property Tax Roll in the edition/issues agreed upon by the County, in a minimum of one thousand (1,000) copies of a newspaper of general circulation in Collier County as defined in Chapter 50, F.S. Tuff Publications proposes to fulfill the legal considerations and bid requirements by publishing these materials in the Everglades Echo. In addition, Tuff Publications proposes to include the delinquent tax advertising in the Golden Gate Gazette and the Naples Shopper at no additional charge. FISCAL IMPACT: The actual cost of the advertising is ultimately recovered in full from the property owner or purchaser of a tax certificate. There is no net cost to the County. The advertising cost per household is as follows: Method Publication(s) Total Cost Est. Circulation Cost/Household Full Distribution Everglades Echo $64,640 3,000 $21.55 Full Distribution Everglades Echo* $64,640 50,000 $ 1.29 Total $64,640 53,000 $ 1.22 ~._~lncludes publishing three (3) times in the Everglades Echo plus Golden Gate Gazette and Naples Shopper for a total 'rculation of 50,000. ' ' JAN - 9 ZOO1 P~. /-~ .XECUTIVE SUMMARY PAGE TWO E~ID NO. 00-3179 GROVVTH MANAGEMENT IMPACT: This does not effect the Growth Management Impact RECOMMENDATION: That the Board of County Commissioners award Bid No. 00-3179 to Tuff Publications, Inc. as shown herein for the advertising of delinquent real estate and personal property taxes for 2000. SUBMITTED " ; Rhonda L. Tibbetts, Purchasing Agent II Purchasing Department Date: ---~EVIEWED BY: am , Director Purchasing/General Services Department Date: APPROVED BY: J~-,~rl*n e~Va rcoe- LeaE~'r, Administrator Support Services Division ! JAN 0 9 ~.001 ! AGEND,~ ITEM JAN 0 9 2001 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of January 9, 2001 Isles of Capri Impact Fee (Fund 373) Budget Amendment #01-071 Capital Outlay Other Machinery and Equipment $6,900 Reserves Reserve for Capital Outlay ($6,900) Total: -0- Explanation: Funds are needed to purchase air packs to outfit two new vehicles added to the fleet including a brush truck and an attack truck. The County Attorney's Office has reviewed and approved this purchase being impact fee eligible. A(3ENDA ITEM JAN 0 2001 EXECUTIVE SUMMARY AUTHORIZE THE SOUTHWEST FLORIDA CRIMESTOPPERS, INC., A NON- PROFIT AGENCY, TO ACT AS PERMANENT AGENT FOR COLLIER COUNTY FOR THE PURPOSE OF APPLYING FOR AND RECEIVING MONIES FROM THE CRIMESTOPPERS TRUST FUND. OBJECTIVE: To gain Board of County Commissioners approval for Southwest Florida Crimestoppers to act as its permanent agent for the purpose of applying for and receiving monies from the Crimestoppers Trust Fund. CONSIDERATION: Grant money is available from the Crimestoppers Trust Fund as provided for in Sections 16.$5 and 938.06 of the Florida Statutes. Funds will be used for the following: · Provide a functional fully operational central office for the administration of the Southwest Florida Crimestoppers program without having to seek any funding from taxpayer dollars. · Cover the operating expenses needed to maintain the SWFCS hotline program for Lee, Charlotte, Collier, Hendry and Glades counties and the Student Crimestoppers hotline and crisis referral service for Lee and Charlotte County School Districts. · Expand the awareness of the Crimestoppers program through increased media coverage and printed advertising. · To ensure ample funding for the reward account for those callers eligible to receive rewards based on information provided through our hotline. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To authorize the Southwest Florida Crimestoppers to act as a permanent agent for the purpose of applying for and receiving monies from the Crimestoppers Trust Fund. ' / Lizabe"~ S~ ~qalsh Assistant to the County Manager APPROVED BY:' ~r.._~_..~.~-~mas ~.Q~~. ~ ___ Date: ,/~/r'~i County ManageT AGEND,~. JAN o 9 2ool !::)g' ATTACHMENT A CRIME STOPPERS Continuation Grant Application i Ill SECTION 1: Applicant lafomatio~ ~'~pe of Governmental Agency or Org~izati'~n [] County [3XX Member, Florida Association of Crime Stoppers, Inc. Name of Agency or Organization Southwest Florida Crimestoppers, Inc. Agency Address (Mailing Address: P O Box 1829, Fort Myers, FL 33902) (StreeO 14750 Six Mile Cypress Pkwy. (City) Fort Myers (County) Lee (State) FL (Zip Code) 33912 Federal Identification Nmber 59-2136217 Total Crime Stoppers Budget Request $ 212,458.40 Project Title, if applicable Southwest Florida Crimestoppers, Inc. !icial Circuit Applicable to Grant Project 20th Judicial Circuit Other Agencies Participating in the Projec~ None SECTION 2: Certificati6n/Slgnatures - I acknowledge that I have read, u~derstand and'agree t~' the conditions set forth in the application and supporting materials and that the information I am supplying in this application is true, complete and correct. Typed N'ame and Title 0f Proje~zt Dii'ector (Project director is the primary contact person for all aspects of the grant.) Sharon L. Harrington-Chairman SWFCS Board of Directors Telephone No. of Project Director (941) ~339-6303 Typed Name and Title of Financial Officer Cheryl Avitts - Treasurer Signature/Date Fax No. of Project Director (941) E332-7501 Signature/Date AOENDA ITEM JAN 0 9 2001 Typed Name and Title of Authorizing Official (Person authorized to enter into a formal agreement.) Sharon L. Harrington-Chairman SWFCS Board of Directors Signature/Date SECTION 3. Grant Purpose and Description - Provide a summary description of the project that is to be funded by the Crime Stoppers Trust Fund. Do not exceed one page. The funds provided by the Crimestoppers Trust Fund will be used for the following: 1. Provide a functional, fully operational central office for the administration of the Southwest Florida Crimestoppers program without having to seek any funding fi'om taxpayer dollars through the Lee County Sheriff's office since we work with all law enforcement agencies in the five-county area. 2. Cover the operating expenses needed to maintain the SWFCS hotline program for Lee, Charlotte, Collier, Hendry and Glades counties and the Student Crimestoppers hotline and crisis referral service for the Lee and Charlotte County School Districts. 3. Expand the awareness of the Crimestoppers program through increased media coverage and printed advertising. 4. To ensure ample funding for the reward account for those callers eligible to receive rewards based on information provided through our hotline. A(3ENDA I~.,E M No. lt~z~- JAN O 9 2001 Po. SECTION 4. Current Staff- List current staff(volunteer and salaried) that have crime stopper responsibilities in your agency. Include the position title, full-time salary, and percent of time spent on crime stopper responsibilities. Current Staff- (attach additional page if necessary) Spec. Beth Schell - Program Coordinator - Salary paid by the Lee County SheriIT's Office - 100% of time spent on Crimestoppers duties. Brandy Cartaino - Assistant Coordinator - Salary paid by the Lee County SheriWs Office - 100% of time spent on Crimestoppers duties. Board of Directors: All directors/officers are volunteers and spend varying amounts of time on Crimestoppers duties in addition to attending our monthly meetings. Special project and/or committee meetings are held periodically as needed. Average time spent by regular board members is estimated at approximately 5 hours per month. Officers can spend up to 5 hours per week. Officers: Sharon L. Harrington-Chairman Susan Dubray-Vice Chairman Bud Miller-Secretary Cheryl Avitts-Treasurer Members: Col. Dennis Duffala-Retired/Lee County SheriWs Office Capt. John Randall-Cape Coral Police Dept. Asst. Fire ChiefDoug Desmond-Fort Myers Beach Fire Control Steve Powley-Sprint PCS Steve Sims-downing-Frye Realty, Inc. Bruce Vanderveen-Allegra Printing Deputy William Andreu-Charlotte Cty. Sheriff's Office Dr. Charles Be!l-Lee County School Board Kathy Sullen-Fort Myers Police Dept. Spec. Rich Ellegood-School Resource Officer Bob Formet-Cross Key Manor Nursing Home Dir. Laurie Formet-Lehigh Social Services CS-01 (07/99) AQ~.ND,~ ITE"!~I No. l /, ~ ,.~ JAN 0 9 2001 SECTION 5. Budget- The ~udge~t section is divided into three budget, or ~ost categories (Emplofee~,' Offic~ Operations and Other ExpensesJ and a budget summary. Provide information on all proposed grant expenditures in the appropriate budget ~. categories. Copy additional pages as needed Part A. Salaried Employees - For employees and support staff who are assigned to the grant project and whose salaries are to be funded by the Crime Stoppers Trust Fund. POSITION/JOB TITLE % of time Crime Crime Crime w/Crime Stoppers Stoppers Stoppers Stoppers Total Salary Benefits _ - ~ ,- ~ r_~ TOTAL Z L N/A f' Z _nN/A ~iPart B. Office Operations - Includes items such as office supplies, furniture, typewriter, telephone, copier, computers, etc., that are to be purchased with Crime Stoppers grant funds. Description Z Number of Cost per ' TOTAL COST Z Items i Item General Office Supplies N/A Various $ 5,000.00 Telephone Expenses N/A Various $ 8,600.00 Laptop Computer 1 5,000.00 $ 5,000.00 JAN I] 9 2001 3E L :_: TOTAL $18,600.00 Part C. Other Expenses - Includes property, equipment and supplies for operations, and any other non-salary or non-office expenditures that are to be purchased with Crime Stoppers grant funds. Note.' disallowable listed in Attachment B. Description [ Number of Cost per Item TOTAL COST ltems PO Box Rent/Postage N/A Various $ 500.00 Insurance 2 1,000.00 $ 2,000.00 CS-01 (07/99) '-%!vertising - Media N/A Various $ 50,000.00 ~vertising - Printed N/A Various $ 50,000.00 Accounting/Auditing Expense I 2,000.00 $ 2,000.00 Dues/Memberships 3 Various $ ......2,500.00 Training/Conferences/Meetings (Travel & Lodgings) N/A Various $ 12,000.00 Printing (Posters/Student Cards/Letterhead/Env, etc) N/A Various $ 15,000.00 Corporation Annual Report I 65.00 $ 65.00 Rewards N/A Various $ 59,793.00 15 ~ ~' ~'~ TOTAL $193,858.00 Part D. Budget Summary (Summarize the totals for Parts A-C. The total should agree with total grant budget request listed in Section 1.) BUDGET CATEGORY TOTAL COST (round to the nearest dollar) rt A. EMPLOYEES - SALARY & BENEFITS~! ~ $ -0- Part B. OFFICE OPERATIONS7 Z $ 18,600.00 Part C. OTHER EXPENSEST' 2 $ 193,858.00 TOTAL $ 212,458.00 CS-01 (07/99) JAN 0 9 2001 Po... - S~:tion 6. Budget Narrative - For each budget category, £ e., Employees, Office Operations, Other Expenses, etc., specifically describe how the costs for staff, equipment, materials, services, and supplies listed in the budget categories were determined and how the items will be used to meet grant purposes. Provide justification for large or unusual costs. Attach additional pages as needed OFFICE OPERA TIONS: General Office Supplies Estimated usage over one year period. Includes, pens, pencils, staplers, staples, file folders, hanging files, copy paper, fax paper and cartridges, prihter cartridges, etc. Used to prowde the necessary materials to for the day to day operations of the office. $ 5,000.00 Telephone Expenses 24 Hr. Answering Service: Actual cost under contract: $475.00 per month x 12 months $5,700.00. Current contract is almost 1 year old. Anticipate possible rate increase with contract renewal. Provides trained, experienced 24 hour answering service during off hours or when coordinator and/or assistant are out of the office. $ 8,600.00 Local Phone Service: $1,000.00 - Estimated monthly bills based on current average of actual expenses allowing for any rate increases and/or increased volume. 800# Long Distance Se?vices 5 county area. $1,500.00 - Same as above. Laptop Computer Wish to purchase a laptop computer set that will connect to an overhead pr0jection system for use during speaking engagements to show statistics, pictures of wanted c 'nminals, etc. $ 5,000.00 OTHER EXPENSES: Post Office Box RenUPostage: Based on actual and/or historical costs with adjustment for Increased volume ofmailouts. $ 500.00 P O Box provides for cental mailing location apart fi'om Sheriff's Office Insurance: Actual cost of policies: General Liability - $1,000 Directors Errors & Omissions - $1,000 protects the officers and board members in the event of legal action against the organization. $ 2,000.00 Advertis'rag (Media): . Plahning to increase our television exposure. Looking into the possibility of purchasing air time to hbld a local telethon or regular TV time for wanted fugitives, promoting the SWFCS program. $ 50,000.00 Advertising (Print) $ 50,000.00 Plahning to increase our newspaper/circular exposure. . .A~. pl~g an extensive billb6ard advertising campaign.i A~NDA iTJ~M All advertising will help to promote the program andincrease awarenes[hlo. IO ~ ~ cs-o, [ JAN O 9 2001 ;tion 6. Budget Narrative - For each budget category, £ e., Employees, Office Operations, Other Expenses, etc., specifically describe how the costs for staff equipment, materials, services, and supplies listed in the budget categories were determined and how the items will be used to meet gram purposes. Provide justification for large or unusual costs. Attach additional pages as needed Accounting/Auditing Expense: .$2,000.00 To cover the expense of an accounting firm performing any.audits t .l.l~t ~e r .e~uired by the AG office. Cost is estimated since we hax;e not I-rod our first audit completed at tlus time. Dues/Memberships: $ 2,500.00 Based on anticipated membership costs for: Crimestoppers International Florida Assoc. of Crimestoppers Southeastern Crimestoppers Crimestoppers U.S.A. To maintain our association with the other Crimestopper organizations that provide us unlimited resources and ideas, continuous training c[a~ses, workshops and seminars and vast networking oppommities. Training, Conferences, Meetings: $12,000.00 Anticipated conferences during 2000/20001: FACS meetings $ 3,000.00 Crimestoppers International Conf. $ 7,000.00 Southeastern Conference $ 2,000.00 Costs are based on at least two civilian board members .ap.d our coordinator attending each scheduled conference. Amounts were calculated using historical information, allowing for cost increases for room rates, registration fees and transportation. Provides continuing education through workshops and classes. Provides us with opportunities to network with other programs and exchange resources and ideas. Printing: $15,000.00 To.tal c.ost includes printing for new letterhead/envelopes/business cards sh)ce changing our logo ~and with the addit.ion of our website address. ~ in~:ludes new posters. Laminated Student Crimestopper cards are in the planning stages for the new school year. Cards will have hotline turin..ber .on one s_ide .and crisis referral numbers on the other. Laminated cards will be stronger and last longer than the paper ones printed last year. Cards will be passed out to all students in the middle mad high schools in Lee and Charlotte counties. Cost w~l also cover printing additional copie. s of our informational brochure which explains what the Crimestopper program is and how it works. Corporation Annual Report: Actual cost. To maintain corporation status with State of Florida. $ 65.00 Rewards: $ 59,793.00 Actual amount of rewards to be given out during the period of a year can only be D. ete ..rEfined by the number of~calls received, the value and accuracy of the info _rK~__.ti. on' given by the callers and the amounts otthe rewards approved by the board of directors. with the anticipation of.increased exposure through more media and print advertising, we are likely to see an increase.in the amount of rewards authorized for payment by the board. These funds will insure an adequate amount of funding to handle to demand. CS-OI (07/99) A(~.,NDA LTEM JAN 0 9 200! Donna Fiala District 1 James D, Carter, Ph.D. District 2 Tom Henning District 3 Pamela S. Mac'Kie District 4 Jim Colette Distdct 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 Janua~ 2,2001 Office of the Attorney General Department of Legal Affairs The Capitol Tallahassee FL 32399-1050 Re: Letter of Agreement Southwest Florida Cdme Stoppers, Inc. Dear Attorney General: This letter is to serve as certification that the Collier County Board of County Commissioners hereby authorize the Southwest Florida Cdme Stoppers, Inc., a non- profit agency, to act as its permanent agent for the purpose of applying for and receiving monies from the Crime Stoppers Trust Fund, as provided for in Sections 16.555 and 983.06, Florida Statutes (1998 Supp.). Collier County will notify you in the event that it should ever take action to revoke this authorization. The Collier County Board of County Commissioners authorized its Chairman to execute this Letter of Agreement at its regular meeting held on January 9, 2001 at 9:00 a.m. On behalf of Collier County, we look forward to the Southwest Florida Crime Stoppers receiving the appropriate grant funding from the Crime Stoppers Trust Fund to serve this area. Sincerely yours, James D. Carter, Ph.D., Chairman Collier County Board of County Commissioners CC: Sharon L. Herrington, Board Chairman, Southwest Florida Crime Stoppers Inc. Sheriff Don Hunter, Collier County Shedff i ' A(3ENDA ITEM No._ ~/,, ~,4'2" JAN O 9 2001 FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 9, 2001 Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 97-10249-COA, 98-6724- MMA RECOMMEND APPROVAL. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Ao 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: 1) November 22 through November 28, 2000 2) November 29 through December 5, 2000 3) December 6 through December 12, 2000 B. Districts: 1) Big Cypress Basin Board of the South Florida Water Management District - Agenda for December 7, 2000 and Minutes of October 20, 2000 meeting 2) South Florida Water Management District - Five-Year Capital Improvements Plan and Fiscal Year 1999-2000 Fiscal Report 3) Fiddler's Creek Community Development District - Minutes of August 23, 2000 meeting C. Minutes: 1) Pelican Bay MSTBU Advisory Committee - Agenda for December 6, 2000 meeting and Minutes of November 1, 2000 meeting 2) Historic & Archaeological Preservation Board - Agenda for November 17, and December 15, 2000 meetings and Minutes of October 20, 2000 meeting 3) H:Data/Format 4) Parks and Recreation Advisory Board - Agenda of October 25, and November 15, 2000 meetings and Minutes of September 27, and October 25, 2000 meetings and the Collier County Community Character Plan, Greenspace Element, Working Draft - 1n AC, FA~DA I,TEM Bayshore Streetscape Construction - Minutes of Octol ,'r JAN BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 9, 2000 continued: Do 5) Rural Fringe Area Assessment Oversight Committee - Notice of October 25, and December 13, 2000 meetings, Agenda for October 25, and November 29, 2000 meetings and Minutes of October 11, and October 25, 2000 meetings 6) Library Advisory Board - Minutes of September 27, 2000 meeting 7) Pelican Bay MSTBU Advisory Committee - Agenda for November 1, 2000 meeting 8) Rural Lands Assessment Area Oversight Committee - Agenda for November 20, 2000 meeting and Minutes of October 16, September 18, 2000 meetings 9) Collier County Water & Wastewater Authority - Minutes of August 28, 2000 meeting Other: 1) Guy L. Carlton, Collier County Tax Collector - Constitutional Officers Financial Report for 1999-2000 Form DBF-AA-405, Combined Statement of Position Form DBF-AA-402 and Fund Group Form DBF-AA-403 Revenues and Expenditures/Expenses 2) Collier County Property Appraiser, Abe Skinner, CFA - Annual Reports for year ending September 30, 2000 3) Big Cypress Basin Board - Schedule of 2001 Board Meetings 4) City of Naples Airport Authority -Agenda for November 16, 2000 meeting and Minutes of October 19, 2000 meeting and Minutes of October 23 Audit Conmaittee meeting H:Data/Format JAN 09 2001 Pg. ~ EXECUTIVE SUMMARY REQUEST BCC APPROVAL TO RECOGNIZE WIRELESS 911 REVENUES AND APPROVE A FISCAL YEAR 2001 WIRELESS 911 BUDGET. OB,IECT~: To obtain Board approval to recognize Wireless 911 revenues and approve a fiscal year 2001 Wireless 911 budget. CONSIDERATIONS: Florida Statute 365.173 Wireless Emergency Telephone System Fund was established in 1999. The funds received from the State are to support 911 calls made from cellular phones. The cellular phone users support this program as prescribed uncier Section 365.172 F.S. The current fee is $.50 per cellular phone per month. This fee is collected by the cellular phone companies and remitted to the State Treasury. The Florida Department of Management Services - Wireless 911 Board distributes the funds based on the total num.ber of wireless subscriber billing addresses in each county. The first disbursement made from the State was received last summer, after the fiscal year 2001 budgets were submitted. Wireless 911 revenues sent to Collier County need to be budgeted and recognized. The revenues received by the County are to be used for the establishment and/or provision of"wireless 911" service costs as provided by Section 365.171 (13)(a)6. FISCAL .IMPACT: A budget amendment is required to establish the Wireless 911 Fund (189). Carryforward needs to be recognized in the amount of $139,900 which represents the revenues received from the State last summer. It is anticipated that the fees levied to cellular phone users will generate $328,800 in revenues annually. Initially, the program has budgeted personnel costs (one expanded position) at $52,900 for a partial year, approximately $70,900 annually. Also, miscellaneous op6rating costs ($43,000) and communications equipment ($374,800) need to be budgeted. GROWTH MANAGEMENT IMPACT; None. Fee paid by subscribers. RECOMMENDATIONS: That the Board of County Commissioners approve the necessary Budget Amendments and recognize Wireless 911 revenues. PREPARED ·~ ~atty, Capt-~ Co--ions Division APPROVED efDc~n Hun(er, S~riff, 911 Director DATE: December 27. 2000 jlga:xs.wiba .JAN 0 9 200l EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED FUNDS FOR THE PURCHASE OF 800 MHz MOBILE RADIOS FOR THE SHERIFF'S OFFICE. OBJECTIVE: To obtain authorization for expenditure of funds for the purchase of 800 MHz mobile radios. CONSIDERATIONS: The BCC allotted $100,000 for Sheriff's Office radios in the FY '01 budget. The Sherifffs Office is requesting that the Board authorize the expenditure of budgeted funds for the purchase of the 800 MHz radios. FISCAL IMPACT: There is $100,000 budgeted and available in the General Fund supported Capital Improvement Fund (301). GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budgeted purchase of 800 MHz mobile radios. REQUESTED BY: REVIEWED BY: APPROVED BY: JR Myers, Budget ~alyst , · .Don Hunter, Sheriff DATE: December 18, 2000 MsWordXfindoc\Exec Sum - mobile radios~bh JAN o 9 2ool EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT PERTAINING TO THE EMINENT DOMAIN LAWSUIT ENTITLED COLLIER COUNTY ~: FAITH BIBLE CHURCH OF NAPLES, INC., ET AL., (Immokalee Road Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple and easement interests in Parcels 117 and 717 for the Immokalee Road project in the lawsuit entitled Collier County v. Faith Bible Church, b~c., et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of the above-mentioned property interests for the Immokalee Road improvement project (Project No. 69101). On September 9, 2000, Collier County deposited with the Registry of the Court the sum of Seventeen Thousand One Hundred Fifty and No/100 Dollars ($17,150.00) for Parcels 117 and 717 in accordance with the Stipulated Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Raymond J. Cleary and Thomas J. Cleary, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-249). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Twenty-five Thousand and No/100 Dollars ($25,000.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcels 117 and 717, and Five Thousand and No/100 Dollars ($5,000.00) to be paid to Timothy W. Ferguson, Esq., as full compensation for attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Twelve Thousand Eight Hundred Fifty and No/100 Dollars ($12,850.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. Ci~'~FISCAL IMPACT: Cost: $12,850.00 Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 69101 - Immokalee Road 1 AGENDA ITEM \ JAl'l o 9 2001 GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Management Plan for CIE Project No. 08. Growth RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $12,850.00 into the Registry of the Court. SUBMITTED BY: He[di~ Ashton Assistant County Attorney REVIEWED BY: /'/''/~f'%~'":L C- ~'nn Thorpe, Project Manager Transportation Utilities and Engineering Department REVIEWED BY: ~ . . Transportation Administrator Date: Date: Date: APPROVED BY: David C. Weigel County Attorney Date: /O---~""~ 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COU~xlTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, rS. FAITH BIBLE CHURCH OF NAPLES, [NC., et al., Respondents. Case No.: 99-2165-CA ParcelNos.: 117 & 717 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, RAYMOND J. CLEARY, JR. and THOMAS J. CLEARY, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 117 and 717, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, RAYMOND J. CLEARY, JR. and THOMAS J. CLEARY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, RAYMOND J. CLEARY, JR., and THOMAS J. CLEARY, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twent~'-five Thousand Dollars and No/100 ($25,000.00) for Parcel Nos. 117 and 717 as full payment for the property interests taken and for damages resulting to the remainder, if less than AGENDA ITEM JA!'I 0 9 2001 ps. the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that upon development of Parcel Nos. 117 and 717, if Petitioner requires Respondents, pursuant to Section 104.2.1.d of County Ordinance No. 98-76, as amended, or its successor provision, to place fill on Respondents' parent tract or otherwise increase the finished floor elevation of the parent tract as a result of the four-laning of Immokalee Road from 1-75 to CR951 and the resulting finished elevation of Immokalee Road, then Collier County shall compensate Respondents for their actual costs up to $36,000.00. ORDERED that the Petitioner shall construct the turnout for the 24 foot drive known as John Michaels Road centered along the property line between the Respondents' property and the property immediately adjacent to the Respondents' property to the west, as further consideration for this Stipulated Final Judgment in connection with the above styled cause of action as it relates to Parcel Nos. 117 and 717; and it is further ORDERED that the setbacks for the remainder property are appropriately reduced by the taking of Parcel 117 pursuant to Section 2.1.13 of the Collier County Land Development Code; and it is further ORDERED that if Respondents, Raymond J. Cleary, Jr. and Thomas J. Cleary, are entitled to construct a dwelling unit on the parent tract, then Respondents may construct a dwelling unit on the remainder tract pursuant to Section 2.1.13 of the Collier County Land Development Code; and it is further ORDERED that Respondents, RAYMOND J. CLEARY, JR. and THOMAS J. CLEARY, receive from Petitioner as a reasonable attorney fee in the sum of Five Thousand and No/100 AGENDA ITEM ', 2 JAN 0 9 200I Dollars ($5,000.00). No other attorney fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 117 and 717; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Twelve Thousand Eight Hundred Fifty and No/100 Dollars ($12,850.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of Twenty Five Thousand and No/100 Dollars ($25,000.00) to Timothy W. Ferguson Trust Account, c/o Timothy W. Ferguson, Esquire, 2272 Airport Road South, Suite'210, Naples, FL 34112, less any amounts previously paid for the benefit of Respondents, RAYMOND J. CLEARY, JR. and THOMAS J. CLEARY; and it is further ORDERED that the Clerk of this Court shall disburse the sum of Five Thousand and No/100 Dollars ($5,000.00), being the Respondents' attorney fees to Timothy W. Ferguson, Esq., 2272 Airport Road South, Suite 210, Naples, Florida 34112; it is further ORDERED that title to Parcel No. 117 (fee simple) and Parcel No. 717 (temporary construction easement) being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 1999, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2566, Page 2536 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 117 and 717; it is therefor 3 AC~=NDA ITEM JAr,l o 9 2001 day of DONEAND ORDERED in Chambersat Naples, Collier County, Florida, this ,2000. Conformed copies to: Heidi F. Ashton, Esq. ¥imothy W. Ferguson, Esq. Vincent Murphy, Esq. Bookkeeping Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Petitioner, throug>h its undersigned counsel, and Respondents, RAYMOND J. CLEARY, JR., and THOMAS J. CLEARY, through their undersigned counsel, hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: I I' [L]..O~ TIMOTHY W. FERGUSON, ESQ. Florida Bar No. 906905 2272 Airport Road South Suite 210 Naples, Florida 34112 (941) 774-4411 - Telephone (941) 775-3706 - Facsimile Attorney for Respondents Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 County Attorney's Offme Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile Attorney for Petitioner 4 AGENDA ITeM ,-. JA!'! 0 9 2001 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ...............69101 PARCEL NO8 ........ 117 & 717 FOLIO NO....Q 0.~ 9.5 d.8 0.0.03. ...... EXISTING R\W LINE-- 330.13' IMMOKALEE ROAD (C.R. 846) 100' R~W PARCEL 117 .~20' PARCEL 717 WEST 1/2, NORTHWEST i/4 NORTHEAST 1/4, NORTHWEST 1/4 SEC. 28, TWP. 488, RGE 2§E. DESCRIPTION (PARCEL 117) fee s&mple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 18,507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL717) temporary construction easement THE SOUTH TWENTY (20') FEET OF THE NORTH 170 FEET OF THE WEST FORTY FIVE (45') OF THE WEST HALF OF THE NORTHWEST QUARTER , , OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF AGENDA ITEM SECTION 2a, TOWNSHIP 48 SOUTH, RANGE 2§EAST, NO. __L~2~ COLLIER COUNTY, FLORIDA. CONTAINING gO0 SQUARE FEET OR ,021 ACRES GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TQWNSH{P 5] RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR JA[ o 2 2OOl PRDFES810NAL ~ND 8U~VEYOR-FL REO., PUBLIC WOEKS ENGINEERING DEPT, COLLIER COUN~ GOVERNMENT COMPLE~ 3301 ~ST TAMIAMi TRAIL NAPLES. FLORIDA 34112 CHECKED BY SCALE . [ DATE F~ENO, NOTTOSCALE I OCT. 16.1998 IMR'I17 SHEET 1 OF 1 EXECUTIVE SUMMARY Legislative clarification regarding "Ex-Officio" members of the Community Health Care Planning and Finance Committee. OBJECTIVE: To clarify, for the record, that the ex-officio members of the Collier County Community Health Care Planning and Finance Committee are acting as consultants and advisors to the committee and not as regular or alternate members. CONSIDERATIONS: Resolution No. 2000-245, as amended by Resolution No. 2000-286, created the Collier County Community Health Care Planning and Finance Committee for the purpose of recommending solutions to the community's health care needs. The resolutions created regular members and "ex-officio" members to serve the committee. It is the purpose of this executive summary to have the County Commission clarify that its legislative intent as to the ex-officio members was and is that said members serve as consultants and advisors to the committee and not as regular or alternate members. This clarification is appropriate because the ex-officio members inevitably interact with each other in the community with regard to health care issues. Additionally, the decisions of the committee will affect the general health care community of which the ex~officio members and their entities are integral parts. This clarification does not change the current approach and operation of the committee, but merely serves to more clearly describe the relationships and duties of the committee members as intended from the beginning and answers any potential Sunshine Law questions in this regard. FISCAL IMPACT: none. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners hereby clarifies that the legislative intent behind Resolution Nos. 2000-245 and 286 is that the ex-officio members of the Collier County Community Health Planning and Finance Committee serve as advisors and consultants to the committee and not as regular or alternate members. SUBMITTED BY: APPROVED BY: h:DAXExSum%lealth Care ~am'~ro'Mafialic~ Chief Assistant Coun? Attorney David C. Weigel~'~'" ~] County Attorney 1 AGENDA ITEM ~. NO. ~ JAN 0 9 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF LANDERS & PARSONS, P.A., PARTICULARLY RELATING TO COUNTY SOLID WASTE MANAGEMENT. OBJECTIVE: The Board approve a continuing retention agreement with the law firm of Landers & Parsons, P.A., for outside legal services on an "as needed" basis, particularly relating to the County's solid waste disposal, management, permitting and facilities needs. CONSIDERATIONS: Attached for the Board's approval is a Continuing Retention Agreement with the law firm of LANDERS & PARSONS, P.A., a law firm to be used by the County on an as-needed basis to provide specialized legal services. The contract does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally shall request services on an as-needed basis in the area of solid waste disposal, facilities, and related environmental and permitting matters. The County staff has previously worked with this firm and, particularly, David S. Dee, Esq., on solid waste matters and been very pleased with the expertise and attention provided the County. (See 12/21/2000 letter proposal of the firm indicating firm's approach, reduced government rate and David S. Dee's curriculum vitae, attached.) The rates charged by the law firm vary, as with any law firm, depending upon the personnel working on the matter and the other resources that are necessary to provide the County with the services requested. The agreement also provides for reimbursement of actual out-of- pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself, but there will be a fiscal impact in accordance with the terms and conditions of such contract, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. Legal services relating to Collier County Solid Waste Department disposal/permitting/landfill issues shall be paid from the Solid Waste Enterprise Fund. Other County legal work performed by Landers & Parsons shall be paid by and ...... AGE ATE .... JAN 0 9 2001 / through the Office of the County Attorney or other County Department/Division requesting and receiving services. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached continuing retention agreement with the law firm of LANDERS & PARSONS, P.A. for specialized legal services requested on an as-needed basis. Approved by: J~tmes Mudd Administrator, Public Utilities Date David C. Weigel tO w County Attorney Date h:LRobertXexecutivesummaries~OOOXlanders&parsons 2 AGENDA ITEM No. ./'~ /... JAN 0 9 2001 Pg. ~ CONTINUING RETENTION AGREEMENT This Continuing Retention Agreement is made between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Landers & Parsons, P.A. of Tallahassee, Florida ("landers & Parsons"). Whereas, Landers & Parsons has special expertise and resources in a wide range of legal matters, with particular expertise in local government, environmental law and permitting of solid waste facilities and related issues; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Landers & Parsons; and Whereas, the County has utilized Landers & Parsons in the past and has been very satisfied with their advice and representation. NOW, THEREFORE, it is agreed as follows: Landers & Parsons agrees to render legal services to the County for work that may be assigned to Landers & Parsons from time to time by and through the County Attorney's Office. For all solid waste management work performed by Landers & Parsons, the County, through its Solid Waste Department, agrees to pay Landers & Parsons for services rendered, with fees based on the reduced governmental rates Landers & Parsons has offered and agreed upon for its services. Other work assigned to Landers & Parsons shall be paid by and through the Office of the County Attorney or other County Department/Division receiving benefit of services. The hourly rates for the indicated Landers & Parsons personnel, which may be providing legal services to the County, are attached as Exhibit A. Page 1 of 3 2001 _ Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per The County agrees to reimburse Landers & Parsons for all out-of-pocket expenses/ production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimbursable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable communication costs, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch -$6.00 Dinner - $12.00 Landers & Parsons shall have professional liability insurance. Coverage shall have minimum limits of $2,000,000 each claim, $4,000,000 in the aggregate. If any liability insurance obtained by Landers & Parsons to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years [ -:~ AGENDA ITEM following the completion of the assigned work and acceptance by the County. I No. /(,~ ~ ~ P ge 2 of 3 ! 0 9 2001 This agreement may be executed in multiple counterparts. In Wireess Whereof, the County and Landers & Parsons have caused this Continuing Retention Agreement to be executed on the date stated below. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLI JER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN DATE: LANDERS & PARSONS, P.A. By: It s: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of , , by as of Landers & Parsons, P.A., on behalf of the professional association. He/she is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: Approved as to form and Legal sufficiency David C. Weigel~ County Attorney h:Roberl/Agreements2000/Landers & Parsons continuing reten~on agreement2 Page 3 of 3 JAN 0 9 2001 Pg. ~ EXHIBIT A LANDERS & PARSONS, P.A. DAVID S. DEE DIANE KIESLING JOSEPH W. LANDERS JOHN T. LAVIA FRED MCCOPuMACK PHILIP PARSONS LESLIE PAUGH ROBERT S. WRIGHT *VICTORIA J. TSCHINKEL *LAW CLERKS *NOT AN ATTORNEY RATE $175 $15o $175 $135 $~75 $~75 $125 $160 $15o $ 6o /nw:COLLIER.ENG AGENDA IT~./G No. /[~ c, ~ JAN 0 9 2001 Pia. ~2 DAVID 5. DEE DIANE K. KIESLING JOSEPH W. LANDERS, JR. JOHN T, LAVlA, TrT VICTORia J. TSCHINKEL LANDERS & PARSONS, ATTORNEYS AT LAW December 21, 2000 P.A. MAILING ADDRESS: POST OFFICE BOX 271 TALLAHASSEE, FL 3~0 WEST COLLEGE AVENUE TALLAHASSEE, FL 3;~301 TELEPHONE (~50) 6~1-03l I TELECOPY (850~ ~24-5595 www. landersandparsons.corn David C. Weigel Collier County Attorney 3301 East Tamiami Trail East Government Complex Naples, Florida 34112-4902 Dear Mr. Weigel: It is my understanding that Collier County would like Landers & Parsons, P.A., to assist the County with certain legal issues affecting the County's solid waste management system. Among other things, the County would like us to help the County obtain the necessary environmental permits and approvals for the continued use of the County's existing landfill. We also would assist the County with its efforts to identify, evaluate and implement other solid waste management strategies to supplement the use of the County's landfill. For example, the County may wish to negotiate a short term contract with a private company for the transport and disposal of the County's solid waste at an out-of-county facility. We also would assist the County with other environmental law issues, if requested. We would be delighted to assist Collier County with these matters. In accordance with our standard practice, we have prepared this engagement letter, which describes the general terms and conditions that would govern our work. Qualifications and Case Management With the County's approval, I will take primary responsibility for assisting the County and I will personally perform or supervise our work for the County. My experience and qualifications are summarized in my resume, which is attached for your review. In general, it should be noted that I have spent 21 years working in the areas of environmental, land use, and administrative law. I have worked throughout Florida and have handled a wide variety of complex environmental law cases, including many cases involving solid waste management systems. Indeed, I previously assisted Collier County with various issues involving the County's solid waste system. We will work closely with you and other members of the County's staff to ensure that the County's case is staffed appropriately. We want the Coun'ty's work to be ~ert~lIEMth~ / JAN 09 2001 David Weiget December 21, 2000 Page 2 most efficient and cost-effective manner possible, while fully utilizing the firm's expertise. Fees and Billing Practices We normally charge our clients an hourly rate for our legal services. My current billing rate for new private client is $225 per hour. The other senior attorneys in this firm charge similar amounts. For Collier County, the firm is willing to reduce my normal billing rate to $175 per hour. The maximum rate for our other senior attorneys also will be reduced to $175. The rates for all of the members of this firm are shown on Exhibit A, which is attached to this letter. These rates typically are increased each year. When increases occur, we apply our new rates to all subsequent undertakings. We are sensitive to the costs of legal services and we understand that every client wishes to avoid unnecessary expense. Accordingly, we will use our best efforts to ensure that the County's work is performed as efficiently as possible. When it is appropriate, we will assign tasks to attorneys, paralegals, or clerks with lower billing rates so that we can maximize our cost effectiveness. Our clients are responsible for all reasonable costs that we incur during our representation of them. Such costs include long distance telephone calls, computer research services, facsimile transmittals, copying charges, travel and out-of-pocket expenditures. Our requests for reimbursements from Collier County for meals, per diem, and travel, if any, will be limited to conform with the restrictions for state employees contained in Section 112.060, Florida Statutes. We will provide the County with an itemized monthly invoice for our services. The invoice will identify each task that has been performed during the month, the person that performed the work, the date on which the work was performed, and the amount of our costs. Our invoices will include receipts or other appropriate documentation for our costs. We recognize that Collier County may have its own limitations on reimbursements for costs and out-of-pocket expenditures. We will comply with any reasonable limitations imposed by the County, but we ask that such limi'~at~nn~ h~ AC-.-.~ NDA ITEM No._ / JAN o 2OOl Pg ~ David Weigel December 21, 2000 Page 3 identified now so we can avoid confusion and misunderstandings later. Our invoices are payable upon receipt. If our invoices are not paid within 45 days, we normally charge interest on the outstanding balance at the rate of 1.0% monthly (12% per annum), which is consistent with the requirements established by the Florida'Legislature in the Florida Prompt Payment Act, Sections 218.70 et seq., Florida Statutes. Conclusion We hope that our proposal is acceptable to the County. If it is, the appropriate County official should sign in the space provided below and then return a copy of this letter to me. Please call me if you have any questions. We look forward to a pleasant and successful relationship with you and Collier County. Sincerely, By: LANDERS & PARSONS, P.A. David S. Dee For the Firm Attachment Accepted and agreed to this 2000. day of By: As the Authorized Representative of Collier County A(3ENDA I;rEM No. !1~ ~ 3 JAN o 9 2001 David Weigel December 21, 2000 Page 4 EXHIBIT A LANDERS & PARSONS, P.A. DAVID S. DEE DIANE KIESLING JOSEPH W. LANDERS JOHN T. LAVIA FRED MCCORMACK PHILIP PARSONS LESLIE PAUGH ROBERT S. WRIGHT *VICTORIA J. TSCHINKEL *LAW CLERKS *NOT AN ATTORNEY RATE $175 $15o $175 $135 $~75 $175 $125 $160 $15o $ 6o /nw:COLLIER.ENG No.~ JAN 0 g 200~ PG. /t~ ..... DAVID $. DEE DIANE K. KIESLING JOSEPH W. LANDERS, JR .JOHN T. L~VIA, TF/' VICTORIA J. T$CHINKEL SENIOR CONSULTANT ~NOT A MEMBER OF' THE fLORiDA BARI LANDERS ~ PARSONS, P.A. ATTORNEYS AT LAW DAVID S. DEE MAILING ADDRESS: POST OFFICE BOX 27l TALL~HASSEE, FL 3230:~-0:~7 I 310 WEST COLLEGE AVENUE TALLAHASSEE, fL 3a301 TELEPHONE (8S0) 681-031 I TELECOPY IBSO) :~24-559S www. Jandersandparsons.com David S. Dee is a shareholder (partner) in the law firm of Landers & Parsons, P. A., and works in the areas of environmental, land use, administrative and governmental law. Mr. Dee routinely handles cases involving environmental permitting, enforcement proceedings, agency rulemaking, and litigation. He has worked extensively with local, regional, state, and federal environmental agencies. He has represented counties, municipalities, environmental organizations, and private developers in a wide variety of cases throughout Florida. Mr. Dee has successfully handled major, complex cases involving landfills, resource recovery (refuse-to-energy) facilities, cogeneration facilities, CERCLA (Superfund) sites, residential developments, marinas, industrial and domestic wastewater treatment plants, mines, port expansion projects, groundwater contamination, and dredge and fill activities. Mr. Dee received a Bachelor of Arts degree in 1974 from Emory University and a Juris Doctor degree with high honors in 1979 from Florida State University. He is a member of several honorary organizations, including Phi Beta Kappa, Omicron Delta Kappa, and the Order of the Coif. He has been selected for several Who's Who publications, Outstandinq Young Men in America, and Leading Florida Attorney~. He is admitted to practice in all of the state and federal courts in Florida, plus the U.S. Courts of Appeals for the 11th Circuit and the District of Columbia. He has an "Av" rating in the Martindale-Hubbell legal directory. Mr. Dee has lectured at more than 100 environmental law seminars, including programs conducted by the Florida Bar, the Florida Chamber of Commerce; and other state and national organizations. He has written many articles for the Environmental Network, a monthly publication of the Florida Chamber of Commerce. Mr: Dee was the Chairman of the Environmental and Land Use Law Section of the Florida Bar Association. He served on the Section's Executive Council for eight years. AGENDA No. /1~ (.. ~ JAN 0 9 2001 David Dee Page Two Mr. Dee is a graduate of the Leadership Tallahassee and Leadership Florida programs, which are sponsored by the Tallahassee and Florida Chambers of Commerce, respectively. He served two terms on the Board of Regents for Leadership Florida. Mr. Dee was a member of the Board of Directors of Goodwill Industries of the Big Bend, Inc., for nine years and served as the President of the Board. He served on the Board of Directors for the Tallahassee Chapter of the American Red Cross. Mr. Dee worked for the American Peace Corps in Nepal and Ethiopia. Mr. Dee has considerable experience with management issues. Among other things, Mr. Dee: solid waste (a) obtained the state and federal environmental permits for Pasco County's resource recovery facility, Class I landfill, and associated facilities; (b) obtained the state and federal environmental permits for Hillsborough County's resource recovery facility; (c) obtained the state and federal permits for Lee County's resource recovery facility; (d) obtained the state and federal permits for two biomass- fired cogeneration facilities in Palm Beach County; (e) obtained the permits for major retrofits of the Pinellas County resource recovery facility and the City of Tampa's resource recovery facility; (f) obtained the environmental permits for Hillsborough County's Class I Southeast Landfill; (g) obtained the DER permits for the expansion of Hernando County's Croom Road Class I landfill; (h) obtained the DER permits for the construction of Hernando County's Northwest Landfill; (i) obtained the permits for the closure of St. Johns County's existing Class I landfill and the construction of a new Class I landfill; (j) obtained the environmental permits for a regional landfill serving Lee and Hendry Counties; (k) successfully opposed the issuance of the permits for the City of Jacksonville's proposed Southeast Landfill; (1) successfully opposed the expansion of the Class I Baker Landfill in Okaloosa County; AGENp~ JAN David Dee Page Three (m) assisted Escambia County with various regulatory issues affecting the County's active Perdido Landfill and several closed landfills; (n) obtained the permits for a private company's new landfill for construction and demolition debris; (o) assisted a private company obtain DER permits for the construction of a solid waste composting facility; (p) assisted with the preparation of Dade County's solid waste master plan; (q) represented various local governments in rulemaking proceedings concerning DEP solid waste regulations, including the DEP landfill rules in Chapter 62-701 and the ash rules in Chapter 62-702, Florida Administrative Code; (r) assisted various local governments with their efforts to evaluate solid waste "flow control" issues; (s) assisted Alachua County with the drafting and negotiation of the contracts for the design, permitting, construction, and operation of a transfer station, including the provisions for a long-haul to a landfill for disposal; (t) assisted Leon County with the preparation of a request for proposals and the negotiation of a contract for the transport and disposal of the County's municipal solid waste; (u) represented local governments before the Florida Legislature on a variety of issues, including legislation that would: create a moratorium on resource recovery facilities; authorize the beneficial reuse of ash; restrict local governments' ability to manage solid waste; and create new requirements for construction and demolition debris landfills; and (v) represented Lee County in formal administrative hearing~ which resulted in the issuance of a DEP renewal permit for the continued operation of the Gulf Coast Landfill. Mr. Dee is an active member of the Florida Chapter of the Solid Waste Association of NorthAmerica (SWANA) . Mr. Dee received SWANA Professional Achievement Awards in 1990 and 1993. He also has worked with the U.S. Conference of Mayors and its affiliate, the Municipal Waste Management Association, on regulatory issues. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE ITS CHAIRMAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY RELATED TO FUTURE CONSTRUCTION IN UNINCORPORATED COLLIER COUNTY THAT COULD BE AN OBSTRUCTION OR HAZARD TO NAVIGATION AT THE CITY OF NAPLES AIRPORT Objective: To authorize the Chairman of the Board of County Commissioners to execute the enclosed Interlocal Agxeement on behalf of Collier County. Considerations: The underlying purpose of the enclosed Interlocal Agreement is to try to insure that Collier County will not authorize construction that could be an obstruction or hazard to navigation at the Naples Airport. Subsection 333.03(1)(b), Florida Statutes, mandates that the County either (1) adopt an ordinance or resolution to ereate a Joint Airport Zoning Board with the Naples Airport Authority ('qxIAA") or, in the alternative, (2) enter into an Interlocal Agreement similar to the enclosed. After more than a year of negotiations between the County Attorney's Office and the NAA, the enclosed Agreement has been executed by the NAA. The Agreement specifies that the County will enforce all Zoning Regulations that affect the Naples Airport. Also that the County will not grant any variance to authorize construction that will be hazard to navigation at the Naples Airport. Also that Staff notify the NAA whenever any contemplated amendment to the County's Airport Overlay District might negatively affect navigation at the Naples Airport. Also that County Staff notify the NAA when applications are submitted to the County for construction that could be an obstruction or hazard to navigation at the Naples Airport. Also that the County will not attempt to preempt specified airport related permitting jurisdiction of Florida's Department of Transportation even if the County may have authority to exercise such preemption. Fiscal Impact: None. Growth Management: The Agreement could affect growth management, but limited to construction that could be an obstruction or hazard to navigation at the City of Naples Airport. Recommendation: That the Board authorize its Chairman to execute the enclosed Interlocal Agreement. ~~ PREPARED BY: ~2/~ ~ Thomas . Palmer, Assistant County Attorney David C. Weigel,"'C~unt~orney Date: Date: INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES AIRPORT AUTHORITY AIRPORT HAZARD AND INCOMPATIBLE LAND USE ZONING CHAPTER 333 FLORIDA STATUTES COLLIER COUNTY AND CITY OF NAPLES, AIRPORT AUTHORITY (PARTIES HERETO) HEREBY AGREE AS FOLLOWS: 1. Need for Zoning. The Airport Hazard Area pertaining to the Naples Municipal Airport ("APF") is located partly in unincorporated Collier County. Therefore, Collier County ("County") and City of Naples Airport Authority ("NAA") are required by Florida Statutes subsection ("F.S.") 333.03 (1)(b) to either (1) enter into an Interlocal Agreement in accordance with F.S. 333.03(1)(b)(1), or (2) by ordinance or resolution create a joint airport zoning board pursuant to F.S. 333.03(1)(b)(2). 2. Agreement for Interlocal Agreement. County and NAA each hereby agree that the requirements of F.S. 333.03(1 )(b) can best be complied with by this Interlocal Agreement ("Agreement"). 3. Enactment of Airport Zoning Regulations; Minimum Requirements. To the extent that it has not already done so, County agrees to promptly enact by ordinance Airport Zoning Regulations defined by F.S. 333.03(1)(c) which at a minimum requires: A. A variance for the erection, alteration, or modification of any structure which would cause the structure to exceed federal obstruction standards as contained in 14 Code of Federal Regulations 77.21, 77.23, 77.25, 77.28 and 77.29; B. Obstruction marking and lighting for structures as specified in F.S. 333.07(3); C. Documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical evaluation submitted by each person applying for a variance; D. Consideration of the criteria in F.S. 333.025(6) when determining whether to issue or deny a variance; and E. That no such variance shall be approved solely on the basis that such proposed structure will not exceed federal obstruction standards as contained in 14 Code of Federal Regulations 77.21, 77.23, 77.25, 77.28 or 77.29, or any other federal regulation. 4. Maintenance and Enforcement of Zoning Regulations. County shall continuously and promptly maintain its Airport Zoning Regulations in full compliance with F.S. Chapter 333, which references 14 Code of Federal Regulations Pa:'t 77, and shalJ. F.romptly and faithfully enforce such Regulations with regard to APF as they now exist or may be hereafter amended or established from time to time, including applicable regulations of federal, state or local govermnent authority, and updated or modified noise exposure maps when reviewed and accepted by the Federal Aviation Administration ("FAA"). o every: Notification to NAA. County shall, in writing, promptly notify NAA of each and A. Amendment. Proposed amendment to County's Land Development Code ("LDC") that may directly or indirectly affect any property in the Airport Overlay District (Section 2.2.23 of the County LDC), the Airport Hazard Area as defined in F.S. 333.01(4) or subject to 14 Code of Federal Regulations Part 77 or subject to notice under sub-paragraphs B through E below. B. Application - Obstacle Hazards to Air Navigation. Application regarding a variance or permit, including any building permit, zoning permit, subdivision approval, rezoning certification, conditional use, or any other official action of County that will have the effect of permitting the development or alteration of land or a structure ("Application") for any property owned or controlled by any sponsor required to provide notice or prevent a hazard defined by F.S. 333.025 and/or 14 Code of Federal Regulations 77.13, 77.17, 77.21, 77.23, 77.25, 77.28 and 77.29, which include notice requirements and technical definitions for obstacles dangerous to air navigation. Generally, notice is required for structures higher than 200 feet AGL, or which penetrate a 100:1 slope extending outward from runways for 20,000 feet. Road and other ways are adjusted for vehicle heights. See attached Exhibit "A". Also, obstacles are limited by five imaginary three-dimensional surfaces which protect instrument approach areas by determining hazard heights. The surfaces slope irregularly from runways to 150 feet and higher above airport elevation, and extend horizontally from nmways outward irregularly for 10,000 or 14,000 or 50,000 feet. See attached Exhibit "B". C. Application - Noise Compatible Land Use. Application for any property within the area of a 60 ldn noise contour determined by a noise study defined by F.S. 333.03 (2)(c) and/or 14 Code of Federal Regulations Part 150. Generally, a Part 150 noise study will provide an FAA reviewed and accepted Noise Exposure Map that describes a series of noise contours, including 60 ldn. See attached Exhibit D. Application - Education Facilities Near Airports. Application for a public or private educational facility within any area starting at any end of any APF rimway, extending five (5) miles along the ranway extended center line and having a width of one-half the length af the ranway, as defined by F.S. 333.03(3). See attached Exhibit "D".~ JAN O 9 2001 2 Pa. E. Application - Staff Discretion. Application that appears to County staff, in their discretion, to be relevant to APF. Relevant to APF includes any potential hazard to air navigation or potential land use that is incompatible with normal airport operations or endangers public health, safety or welfare as described in subsections 333.03(2) and (3), F.S., and includes any Application subject to Florida Department of Transportation aviation or FAA permits or findings> aud may include sanitary landfills, bird and other wildlife attractants, congregations of people, or emissions of light, smoke or other impairments to visibility. NAA is invited to promptly provide to County written or ora! input(s) regarding each such proposed amendment or Application. County must consider all such input(s) before making its final decision(s) regarding each such amendment or Application, but County shall not be required to delay its consideration awaiting such input(s). 6. Amendment of Zoning Regulations. County shall promptly amend its Airport Zoning Regulations as may be required from time to rune by federal, state or any other governmental entity that then has the authority to require County to make any such amendment. 7. FDOT Obstruction Permits Required. Section 333.025, Florida Statutes, specifies instances where specified permits must be obtained from The Florida Department of Transportation ("FDOT"). Collier County agrees not to issue any permit for any such structure until a permit for the respective structure has been issued by FDOT. No such permit issued by Collier County shall be more liberal than the respective FDOT permit. This requirement shall also apply if this permit issuing power or authority of FDOT is hereafter transferred to any other agency or entity. The effect of subsection (4) of Section 333.025, F.S. is that no such FDOT permit is required if (i) Collier County has adopted "adequate airspace protection regulations" in compliance with Section 333.03, F.S. and (ii) has filed such regulations with FDOT. Collier County agrees not to file any such "adequate airspace regulations" to trigger within Collier County said "filing exception" granted by subsection 333.025(4), Florida Statutes. This Paragraph 7 shall apply to all such FDOT permits to the extent, if any, that Section 333.025, F.S. may hereafter be amended. In the event that subsection 333.025, F.S is repealed, the then existing provisions of subsection 333.025, F.S. shall automatically be deemed to be incorporated into the County's permitting processes for all such then described structures. 8. Cooperation. In addition to the specific obligations otherwise specified in this Agreement, the parties hereto shall otherwise fully cooperate with each other to try to solve (and/or prevent) problems related to any and all of the subject matter(s) addressed in County's LDC, as well as any other County Ordinances and Special Act(s) which now or hereafter relate to APF zoning in unincorporated Collier County. 9. Enforcement of Agreement. Each party hereto may enforce this Agreement by any legal means whatsoever including mandamus and/or specific performance. 3 10. Recording and Filing. This Agreement (and all future amendments hereto, if any) shall be recorded in the Public Records of Collier County, Florida and filed with the Florida Department of Transportation (Aviation Office MS-46) ("FDOT") pursuant to F~S. 333.03(5). County shall file its respective Airport Zoning Regulations (and all future amendments thereto) and related variances within 15 days with FDOT pursuant to F.S. 333.03(5). 11. Amendment and Termination of Agreement. This Agreement shall be amended from time to time to the extent required by law. This Agreement shall continue until lawfully terminated by special agreement of the parties. Currently, F.S. 333.03(1)(b) requires either an Interlocal Agreement that complies with F.S. 333.03(1)(b)(1), or a joint airport zoning board. An Interlocal Agreement cannot be terminated unless and until a joint airport zoning board is created in lieu of an Interlocal Agreement, and there are no plans to establish such a joint zoning board. 12. Governing Statutes. F.S. Chapter 333, Airport Zoning, and 14 Code of Federal Regulations Part 77, Objects Affecting Navigable Airspace, subparts A, B, and C, copies of which are attached as Exhibits "E" and "F" hereto, shall be utilized to clarify ambiguities, if any, with regard to all aspects of the Agreement, including its scope, use, obstruction standards and definitions. However, this Agreement shall not be construed to incorporate the existing Chapter 333 or Part 77. On the contrary, future amendments to Chapter 333 or Part 77 may also be utilized to clarify ambiguities with respect to the interpretation of this Agreement. DATED: The __ day of ., 2000. COLLIER COUNTY (a political subdivision of the State of Florida, by and through its) ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS CO! JI.IE~R COUNTY, FLORIDA By: By: Deputy Clerk James D. Carter, Ph.D.,Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney 4 JAN 0 9 2001 Pg. ~ CITY OF NAPLES AIRPORT AUTI-IORITY ATTEST: ~Witness Approved as to form and legal sufficiency: Frank X. Kowalski, NAA Attorney CITY OF NAPLES AIRPORT AUTHORITY ~' Ronald M.'~e~'~on, C~- -- t- 1HRU ASA aNAP:23177_I 5 T ¢9 S AGENDA ITEM No. ;t(/ t_-y- JAN 0 [I 2001 s .00IX3IA[ FAR PART 77 8URFAOE8 ~o T 49 S AOENDA ITEM JAN 0 9 2001 P~. ~ BRIAItWOOD ~ NOISE EXPOSURE MAP !~EXHIBIT ~ 7e, 7o, e6 A~m so AGENDA ITEM JAN O 9 2001 muqd, s mat. ammeT SCHOOL IMPACT AREA PLAN Ch. AIRPORT ZONING F.S, 1.~ 333.01 333.02 333.025 333.05 333.06 333.065 333.07 333.08 333.09 333.10 333.11 333.12 333.13 333.14 CHAPTER 333 Definitions. Airport hazards and uses of land in airport vicinities contrary to public interest. Permit required for structures exceeding federal obstruction standards. Power to adopt airport zoning regulations. Comprehensive zoning regulations; most stringent to prevail where ,-onfiicts occur. Procedure for adoption ot zoning regula- tions. Airport zoning requirements. Guidelines regarding land use near airports. Permits and variances. Appeals. Administration of airport zoning regulations. Board of adius~'nent. Judicial review. Acquisition of air rights. Enforcement and remecr~es, Short title. 333.01 Definitions.--For the purpose of this chap- ter, the following words, terms, and phrases shall have the meanings herein given, unless otherwise specifi- cally defined, or unless another intention clearly appears, or the context otherwise requires: (1) 'Aeronautics" means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, includ- ing the repair, packing, and maintenance of para- chutes; the design, establishment, construction, exten- sion, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air naviga- tion facilities, and air instruction. (2) 'Airport" means any area of land or water designed and set aside for the landing end taking off of aircraft and utilized or to be utilized in the interest of the public for such purpose. (3) 'Airport hazard" means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 and which obstructs the air- space required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taldng off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance pursuant to s. 333.025 or s. 333.07. (4) hAirport hazard area" means any area of land or water upon which an airport he?nrd might be esta~ lished if not prevented as provided in this chapter. (5) 'Airport land use compatibility zoning" means airport zoning regulations restricting the use of land adjacent to or in the immediate vicinity of airports in the manner enumerated in s. 333.03(2) to activities and purposes compatible with the continuation of normal operations including landing and takeoff of air- eC~t in order to promote public health, safety, and gen- welfare. EXHIBIT E AIRPORT ZONING (6) 'Airport layout plan' means a detailed, SCale engineering drawing, including pertinent dimensions, of an airport's current and planned facilities, their Ioca. ticns, and runway usage. (7) '~)bstruction" means any existing or proposed manmade object or object of natural growth or terrain that violates the standards contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. (8) 'Person' means any individual, firm, copartner- ship, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (9) 'Political subdivision" means any county, city, town, village, or other subdivision or agency thereof, or any district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. (10) 'Runway clear zone" means a runway clear zone as defined in 14 C.F.R. part 151.9(b). (11) "Structure" means any object, constructed or installed by humans, including, but without limitation thereof, buildings, towers, smokestacks, utility poles, and overhead transmission lines. (12) 'Tree" includes any plant of the vegetable king- dom. H~am'y,---s. 1, ch. 2307g, 1945; s. 2, c~. 75-16; s. 1, ~. 86-356; s. 70, 90-136; s. ~4, ch. 91-221; s. 482, Oil. 95-148. 333.02 Airport hazards and uses of land in airport vicinities contrary to public interest-- (1) It is hereby found that an airport hazard endan- gers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is fur- ther found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport opera- ticns, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or ~ erwise limit the accomplishment of normal activitJe~ Accordingly, it is hereby declared: (a) That the creation or establishment of an aiq3oit hazard and the incompatible use of. land !n airport vici.?. ities are public nuisances and injure ~ commum~/ served by the airport in question; (b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and (c) That this should be accomplished, to the exte~ legally possible, by the exercise of the police power, without compensation. (2) It is further declared that the limitation of la~l uses incompatible with normal airport operafio. ns.,_t!~..~ prevention of the creation or establishment ot a~ri~"...' hazards, and the elimi.nation, removal, alteration, 1556 gation, ( ards are sicns m~ l~nd or lhereovE 333.0; (1) h dangere subsecti f~om the erection. ~esult o! standarE 77.25, 7 Departw within a~ are exc~ a 10-naL a publicl oran air (2) those fa, plan, or ~ Aviation rable m Planned -' ' on I~-.-,~tior (3) F apply to from the structun prior to exist;, n¢ tufas no repairs t~ and Ioca (4) V quate ai~ and sucl Transpc required (5) ~ .3O days ISSue or mod'~ca exceed ~ 14 C.F.F (s) h mir, the~ (a) 'r (13) F (c) *[ develop~ (d) F Aviation ¥ wo~ .ade ~.. ~ ~-'~ F.~S. 1999 AIRPORT ZONING Ch. 333 ensiorls, ~ir loca- rareposed ~r terrain .F.R. ~artner- int-stock trustee, entative ereof, or or other airports ay clear Jcted or mitation y poles, ~', , airport endan- 1 and of ! of the he area ~ling of ~tility of It is fur- d in the ~d in s. t opera- he lives or oth- airport rt vicin- imunity a~ifare azards extent power, ~f land 3s, the 1, gation, or marking and lighting of existing airport haz- (f) ards are public purposes for which political subdivi- (g) sions may raise and expend public funds and acquire air. land or property interests therein, or air rights (h) ~ereover. (i) Hi~toW.---~ 2, ~. 2307~, 194~; s. 2, ch. 88-356; ~. 71, ~ 90-136. space. 333.025 Permit required for structures exceeding federal obstruction standsrds.-- (1) in order to prevent the erection of structures dangerous to air navigation, subject to the provisions of subsections (2), (3), and (4), each person shall secure from the Department of Transportation a permit for the erection, alteration, or modification of any structure the result of which would {.xceed the federal obstruction standards as contained' in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the Department of Transportation will be required only within an airport hazard area where federal standards are exceeded and if the proposed construction is within a 10-nautical-mile radius of the geographical center of a publicly owned or operated airport, a military airport, or an airport licensed by the state for public use. (2) Affected airports will be considered as having those facilities which are shown on the airport master plan, or an airport layout plan submitted to the Federal Aviation Administration Airport Distdct Office or compa- rable military documents, and will be so protected. Planned or proposed public-use airports which are the subject of a notice or proposal submitted to the Federal Aviation Administration or to the Department of Trans- portation shall also be protected. (3) Permit requirements of subsection (1) shall not apply to projects which received construction permits from the Federal Communications Commission for structures exceeding federal obstruction standards prior to May 20, 1975, provided such structures now exist; nor shall it apply to previously approved struc- tures now existing, or any necessary replacement or repairs to such existing structures, so long as the height and location is unchanged. (4) When political subdivisions have adopted ade- quate airspace protection in compliance with s. 333.03, and such regulations are on file with the Department of Transportation, a permit for such structure shall not be required from the Department of Transportation. (5) The Department of Transportation shall, within 30 days of the receipt of an application for a permit, issue or deny a permit for the erection, alteration, or modification of any structure the result of which would exceed federal obstruction standards as contained in 14 C.F.R. ss. 77.21,77.23, 77.25, 77.28, and 77.29. (6) In determining whether to issue or deny a per- reit, the department shall consider. (a) The nature of the terrain and height of existing (b) Public and private interes~ and investments, (c) The character of flying operations and planned developments of airports. (d) Federal airways as designated by the Federal Aviation Administration. (e) Whether the construction of the proposed struc- ture would cause an increase in the minimum descent altitude or the decision height at the affected airport. Technological advances. The safety of persons on the ground and in the Land use density. The safe and efficient use of navigable air- (j) The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans, and all other known proposed structures in the area. (7) When issuing a permit under this section, the Department of Transportation shall, as a specific condi- tion of such permit, require the obstruction marking and lighting of the permitted structure as provided in s. 333.07(3)(b). (8) The Department of Transportation shall not approve a permit for the erection of a structure unless the applicant submits both documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical eval- uation, and no permit shall be approved solely on the basis that such proposed structure will not exceed fed- eral obstruction standards as contained in 14 C.F.R. ss. 77.21, 77~.3, 77.25, 77.28, or 77.29, or any other fed- eral aviation regulation. H~.--& 3, oil. 75-16; s. 3, c/fl. 88-356; s. 7, ~ g~.152. 333.03 Power to adopt airport zoning regulaUons. (1)(a) In order to prevent the creation or establish- ment of airport hazards, every political subdivision hav- ing an airport hazard area within its territorial limits shall, by October 1, 1977, adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zon- ing regulations for such airport hazard area. (b) Where an airport is owned or controlled by a political subdivision and any airport hazard area apper- taining to such airport is located wholly or partly outside the territorial limits of said political subdivision, the polit- ical subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, shall either: 1. By interlocal agreement, in accordance with the provisions of chapter 163, adopt, administer, and enforce airport zoning regulations applicable to the air- port hazard area in question; or 2. By ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested in paragraph (a) in the politi- cal subdivision within which such area is located. Each such joint board shall have as members two represent- atives appointed by each political subdivision parfici- paring in its creation and in addition a chair elected by a majority of the members so appointed. However, the airport manager or managers of the affected political subdivisions shall serve on the board in a nonvoting capacity, ' (c) Airport zoning regulations adopted under pa~a- graph (a) shall, as a minimum, require: 1. A variance for the erection, alteration, or mo(~fi- cation of any structure which would cause the structure_ 1557 JAN o 9 2001 0 9 2001 Ch. :)33 AIRPORT ZONING to exceed the federal obstruction standards as con- taJned in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29; 2. Obstruction markJn~ a,~d lighting for structures as specified in s. 333.07(3); 3. Documentation showing compliance with the federal requirement for notification of proposed con- struction and a valid aeronautical evaluation submitted by each person applying for a variance; 4. Consideration of the criteda in s. 333.025(6), when determining whether to issue or deny a variance; and 5. That no vadance shall be approved solely on the basis that such proposed structure will not exceed federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. (d) The department shall issue copies of the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 to each politicaJ subdivision having airport hazard areas and, in cooper- ation with political subdivisions, shall issue appropriate airport zoning maps depicting within each county the maximum allowable height of any structure or tree. Material distributed pursuant to this subsection shall be at no cost to authorized recipients. (2) In the manner provided in subsection (1), intedm airport land use compatibility zoning regulations shall be adopted. When Political subdivisions have adopted land development regulations in accordance with the provisions of chapter 163 which address the use of land in the manner consistent with the provisions herein, adoption of airport land use compatibility regu- lations pursuant to this subsection shall not be required. Interim airport land use compatibility zoning regulations shall consider the following: (a) Whether sanitary landfills are located within the following areas: 1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turbo- prop aircraft. 2. Within 5,000 feet from the nearest point of any runway used only by piston-type aircraft. 3. Outside the perimeters defined in subparagraphs 1. and 2, but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. Case-by-case review of such landfills is advised. (b) Whether any landfill is located and constructed so that it attracts or sustains hazardous bird move- ments from feeding, water, or roosting areas into, or across, the runways or approach and departure pat- terns of aircraft. The political subdivision shall request from the airport authority or other goveming body oper- ating the airport a report on such bird feeding or roost- ing areas that at the time of the request are known to the airport. In preparing its report, the authority, or other governing body, shall consider whether the landfill will incorporate bird management techniques or other prac- tices to minimize bird hazards to airhome aimraft. The airport authority or other governing body shall respond to the political subdivision no later than 30 days after receipt of such request. (c) Where an airport authority or other governi, body operating a publicly owned, public-use airport conducted a noise study in accordance with the prov sions of 14 C.F.R. part 150, neither residential co~ struction nor any educational facility as defined in chap. ter 235, with the exception of aviation school facilities, shall be permitted within the area c .of:~tiguous to the air. port defined by an outer noise contour that is consid. ered incompatible with that type of construction by 14 C.F.R. part 150, Appendix A or an equivalent noise level as established by other types of noise studies. (d) Where an airport authority or other governing body operating a publicly owned, public-use airport has not conducted a noise study, neither residential con. strucfion nor any educational facility as deftned in chap. t, Jr 235, with the exception of aviation school facilities, shall be permitted within an area contiguous to the air- port measuring one-half the length of the longest run. way on either side of and at the end of each runway centerline. (3) In the manner provided in subsection (1), airport zoning regulations shall be adopted which restrict new incompatible uses, activities, or construction within run- way clear zones, including uses, activities, or construc. tion in runway clear zones which are incompatible with normal airport operations or endanger public health, safety, and welfare by resulting in congregations of people, emissions of light or smoke, or attraction of birds. Such regulations shall prohibit the construction of an educational facility of a public or private school at either end of a runway of a publicly owned, public-u~ airport within an area which'extends 5 miles in a di line along the centerline of the runway, and which a width measuring one-half the length of the runway. Exceptions approving construction of an educational facility within the delineated area shall only be granted when the political subdivisio.n administering the zoning regulations makes specific findings detailing how the public policy reasons for allowing the construction out- weigh health and safety concerns prohibiting such a location. (4) The procedures outlined in subsections (1), (2), and (3) for the adoption of such regulations are supple- mental to any exisUng procedures utilized by political subdivisions in the adoption of such regulations. (5) The Department of Transportation shall provide technical assistance to any political subdivision requesting assistance in the preparation of an airport zoning code. A copy of all local airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto, shall be filed with the department. (6) Nothing in subsection (2) or subsection (3) shaJl be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educa- tional structure or site in existence on July 1, 1993, or · be construed to prohibit the construction of any new structure for which a site has been determined as pro- vided in s. 235.19, as of July 1, 1993. HMtory.---s. 3, ctt. 23079, 1~,,5; s. 4, ch. 75-I~; s. 4, cfi. 8~356; s. 72, ~ 90.136; s. 8, ctt. 92~152; s. 10, ~h. 93-1~4; I. 1558 ' F.S_.~ 1999 AIRPORT ZONING Ch. 333 vernJng ~ Pmvk ai con- n~ap. the aJr- ~ by 14 t noise ~eming ~3rt has 3 chap- c~lit/es, the air- ~st run- ~nway airport ict new lin run- 4e with ons of tion lic-use ~ direct :h has ~nway. ~tiona ranted · ~.oning )w the ~n out- a.~ch a i), (2), upple- 31itical mvide /ision ththe ) shall a3und ~ the duca- tS3, or , new spro- 333.04 Comprehensive zoning regulations; most stringent to prevail where confiiots (1) INCORPORATION.--In the event that a politi- cal subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, structures, and natural objects, and uses of property, any airport zon- ing regulations applicable to the same area or portion thereof may be incorporated in and made a part of such comprehensive zoning regulations, and be adminis- tered and enfomed in connection therewith. (2) CONFLICT.--In the event of conflict between any airport zoning regulations adopted under this chap- ter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other mat- ter, and whether such regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. Ifi~mT.---a. 4, ~. 230'~, 194.5. 333.05 Procedure for adoption of zoning regula- tions.- (1) NOTICE AND HEARING.--No airport zoning regulaticns shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided in s, 333.03(1)(b) by the bodies therein provided and set forth, after a public hearing in relation thereto, at which parties in interest and citizens sh. all have an opportunity to be heard. Notice of the hearing shall be published at least once a week for 2 consecu- tive weeks in an official paper, or a paper of general cir- culation, in the political subdivision or subdivisions in which are located the airport areas to be zoned. (2) AIRPORT ZONING COMMISSION.--Prior to the initial zoning of any airport area under this chapter the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a com- mission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted there- for. Suctt. commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political sub- division or the joint airport zoning board shall not hold its public hearings or take any action until it has received the final report of such commission, and at least 15 days shall elapse between the receipt of the final report of the commission and the hearing to be held by the latter board. Where a city plan commission' or comprehensive zoning commission already exists, it may be appointed as the airport zoning commission. Hi~I~W.--a- 5, ~h. 2307~, 1945; a- 74, c~. 90-13~; a. 23, oil. ~O-279; s. 39, ~. 333.06 Airport zoning requirements.-- (1) REASONABLENESS.--AII airport zoning regu- lations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regula- tions it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area and runway clear zones, the character of the neighborhood, the uses to which the properb/to be zoned is put and adaptable, and the impact of any new use, activity, or construction on the airporrs operating capability and capacity. (2) INDEPENDENT JUSTIFtCATION.--The pur- pose of all airport zoning regulations adopted under this chapter is to provide both airspace protection and land use compatible with airport operations. Each aspect of this purpose requires independent justifica- tion in order to promote the public interest in safety, health, and general welfare. Specifically, construction in a runway clear zone which does not exceed airspace height restrictions is not evidence per se that such use, activity, or construction is compatible with airport oper- ations. (3) NONCONFORMING USES.--No airport zon- ing regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in s. 333.07(1) and (3). Histo~y.--s. $, oh. 23079. 1948; s. 75. oh. g0-136. 333.065 Guidelines regarding land use near air- ports.~The Department of Transportation, after con- sultation with the Department of Community Affairs, local governments, and other interested persons, shall adopt by rule recommended guidelines regarding com- patible land uses in the vicinity of airports. These guide- lines shall utilize acceptable and established quantita- tive measures, such as the Air installation Compatible Use Zone standards, the Florida Statutes, and applica- ble Federal Aviation Administration documents. Hl~m'y.---~. 49. c~. 93**206. 333.07 Permits and variances.-- (1) PERMITS.-- (a) Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regu- lations, authorizing such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or would permit a nonconforming structure or tree or noncon- forming use to be made or become higher orto becom; a greater hazard to air navigation than it was when th applicable regulation was adopted or than it is when th application for a permit is made. (b) Whenever the administrative agency dete mines that a nonconforming use or nonconformir 1559 AGEI~ A IT~ NO. ~ JAN 0 g 2{ Ch. 333 AIRPORT ZONING structure or tree has been abandoned or is more than 80 pement tom down, destroyed, deteriorated, or decayed, no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and, whether application is made for a permit under this subsection or not, the said agency may by appropriate action, compel the owner of the nonconforming struc- ture or tree, at his or her own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations. If the owner of the nonconforming structure or tree shall neglect or refuse to comply with such order for 10 days after notice thereof, the said agency may report the violation to the political subdivision involved therein, which sub- division, through its appropriate agency, may proceed to have the object so lowered, removed, reconstructed, or equipped, and assess the cost and expense thereof upon the object or the land whereon it is or was located, and, unless such an assessment is paid within 90 days from the service of notice thereof on the owner or the owner's agent, of such object or land, the sum shall be a lien on said land, and shall bear interest thereafter at the rate of 6 pement per annum until paid, and shall be collected in the same manner as taxes on real property are collected by .said political subdivision, or, at the option of said political subdivision, said lien may be enfomed in the manner provided for enforcement of liens by chapter 85. (c) Except as provided herein, applications for per- mits shall be granted, provided the matter applied for meets the provisions of this chapter and the regulations adopted and in force hereunder. (2) VARIANCES.w (a) Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his or her property in viola- lion of the airport zoning regulations adopted under this chapter or any land development regulation adopted pursuant to the provisions of chapter 163 pertaining to airport land use compatibility, may apply to the board of adjustment for a variance from the zoning regulations in question. At the time of filing the application, the appiicant shall forward to the department by certified mail, return receipt requested, a copy of the applica- tion. The department shall have 45 days from receipt of the application to comment and to provide its com- ments or waiver of that right to the applicant and the board of adjustment. The department shall include its explanation for any objections stated in its comments. If the department fails to provide its comments within 45 days of receipt of the application, its dght to comment is waived. The board of adjustnient may proceed with its consideration of the application only upon the receipt of the department's comments or waiver of that dght as demonstrated by the filing of a copy of the return receipt with the board. Noncompliance with this section shall be grounds to appeal pursuant to s. 333.08 and to apply for judicial relief pursuant to s. 333.11. Such variances may only be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hard- ship and where the relief granted would not be contrary {o the public interest but would do substantial juslice and be in accordance with the spirit of the regulations and this chapter. However, any variance may be allowed subject to any reasonable conditions that !t~ board of adjustment may deem necessary to effectuate the purposes of this chapter. (b) The Department of Transportation shall have the authority to appeal any vadance granted under this chapter pursuant to s. 333.08, and to apply for judicial relief pursuant to s. 333.11. (3) OBSTRUCTION MARKING AND LIGHT1NG.~ (a) In granting any permit or variance under this section, the administrative agency or board of adjust- ment shall require the owner of the structure or tree in question to install, operate, and maintain thereon, at his or her own expense, such marking and lighting as may be necessary to intricate to aircraft pilots the presence of an obstruction. (b) Such marking and lighting shall conform to the specific standards established by rule by the Depart- ment of Transportation. (c) Existing structures not in compliance on Octo- ber 1, 1988, shall be required to comply whenever the existing marking requires refurbishment, whenever the existing lighting requires replacement, or within 5 years of October 1, 1988, whichever occurs first. Hla~3~/.--.-s. 7, ch. 2307~, 1~45; s. 5, ch. 88-3.56; s. 76, c~. 90-136; s. 483, ch, 333.08 Appeals.-- (1) Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter; or any governing body of a political subdivision, or the Department of Transportation, or any joint airport zoning board, which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administra- tive agency. (2) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken, or properly certified copies thereof in lieu of originals, as the agency involved may elect. (3) An appeal shall stay all proceedings in further- ance of the actJon appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by mason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed than by an order of the board on n~ice to from which the appeal is taken and on shown. 1560 JAN (4) Th. i~eming of the partie., reason .~bl appear m (5) Th sions of tt or modify, nation al: requireroe made, an~ administr-' 333.09 tions.--AI ibis chap1 enforcen~ agency wi lations or ~ the po{itic one of th~ the creafi, the regul~ sion, but i~ or include duties of ~ ant .t.o thi~ 13q. $U agency, a ing to sail exercise board of ~ 333.10 (1) chapter and exert (a) Tc requireme administn zoning re' (b) Tc the term5 such tiens. (c) Tc 333.07(21 (2) W aireacly e adjustme consist o' term of 3 tiens and for cause after publ (3) Tt bers of tt reyerse a : ap[ o 9 2001 F._~S; 1999 AIRPORT ZONING Gh. 333 ~the t~ve ~r ~ ~G.~ r this tee in at his ~ may ~ce to ~e ~a~- ~o- er t~ 'er ~e y~ ~ in~ ~pted [~, or ~inion yis~ ~ of ~r and e ml~ ~h ~e :e~ ~gen~ ~er- agen~ ~ by , would, ~. In a~ (4) The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the headng, any party may appear in person or by agent or by attorney. (5) The board may, in conformity with the provi- sions of this chapter, reverse or affirm wholly or partly, or modify, the order, requirement, decision, or determi- nation appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken. Hl~l~'y.---s. 8, tin, 23079, 1945; s. 6, ¢h. 88-356. 333.09 Administration of sirport zoning reguta- tions.--AII airport zoning regulations adopted under this chapter shall provide for the administration and enfomement of such regulations by an administrative agency which may be an agency created by such regu- lations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivi- sion, but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursu- ant to this chapter shall include that of hearing and decidir~g all permits under s. 333.07(1), deciding all matters under s. 333.07(3), as they pertain to such agency, and all other matters under this chapter apply- ing to said agency, but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment. Hta~oW...--& 9, ch. 23079, 1~45. 333.10 Board of adjustment.-- (1) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in s. 333.08. (b) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regula- tions. (c) To hear and decide specific variances under s. 333.07(2). (2) Where a zoning board of appeals or adjustment already exists, it may be appointed as the'~board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of 3 years by the authority adopting the regula- tions and to be removable by the appointing authority for cause, upon written charges and due notice and after public headng. (3) The concurring vote of a majority of the mem- bers of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determina- tion of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations. (4) The boa'rd shall adopt rules in accordance with 1.he provisions of the ordinance or resolution by which it was created, Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in the chair's absence the acting chair, may administer oaths and compel the attendance of witnesses. All headngs of the said board shall be public. The board shall keep minutes of its pro- ceedings, showing the vote of each member upon each question, or, if absent or falling to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board ;red shall be a public rac- on:3[. Ni~my.--.s. 10, ~. 2307~, ~g45; s. 484, ~. 333.11 Judicial review.-- (1) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or the Department of Transportation or any joint airport zoning board, or of any administrative agency hereunder, may apply for judicial relief to the circuit court in the judicial circuit where the board of adjustment is located within 30 days after rendition of the decision by the board of adjust- ment. Review shall be by petition for wdt of certiorari, which shall be governed by the Flodda Rules of Appel- late Procedure. (2) Upon presentation of such petition to the court, it may allow a writ of certiorari, directed to the board of adjustment, to review such decision of the board. The allowance of the writ shall not stay the proceedings upon the decision appealed from, but the court may, on application, on notice to the board, on due hearing and due cause shown, grant a restraining order. (3) The board of adjustment shall not be required to return the odginal papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The retum shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (4) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order fur- ther proceedings by the board of adjustment. The find- ings o! fact by the board, if supported by substantial evi- dence, shall be accepted by the court as conclusi~, and no objection to a decision of the board shall be c(i~- sidered by the court unless such objection shall hol~~ been urged before the board, or, if it was not so urg unless there were reasonable grounds for faJlura t so. (5) In any case in which airport zoning adopted under this chapter, although generally reas(31~ able, are held by a court to interfere with the use a~] enjoyment o! a particular structure or parcel of land such an extent, or to be so onerous in their applicati~!rl'"' to such a structure or parcel of land, es to constitut~,,~ taking or deprivation of that property in violation of State Constitution or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of 1561 Ch. 333 AIRPORT ZONING land, or such regulations as are not involved in the par- ticutar decision. (6) No appeal shall be or is permitted under this section, to any courts, as herein provided, save and except an appeal from a decision of the board of adjust- ment, the appeal herein provided being from such final decision of such board only, the appellant being hereby required to exhaust his or her remedies hereunder of application for permits, exceptions and variances, and appeal to the board of adjustment, and gaining a deter- mination by said board, before being permitted to appeal to the court hereunder. ~ry.---s. 11. ct~ 23079. 1945; s. 43. ch. 63-512; s. 7, oh. 88-358; s. 485, cid. 95-148. 333.12 Acquisition of air rights.--In any case which: it is desired to remove, lower or otherwise termi- nate a nonconforming structure or use; or the approach protection necessary cannot, because of constitutional limitations, be provided by airport regulations under this chapter;, or it appears advisable that the necessary approach protection be provided by acquisition of prop- erty rights rather than by airport zoning regulations, the political subdivision within which the property or non- conforming use is located, or the political subdivision owning or operating the airport or being served by it, may acquire, by purchase, grant, or condemnation in the manner provided by chapter 73, such air right, navi- gation easement, or other estate, portion or interest in the property or nonconforming structure or use or such interest in the air above such property, tree, structure, or use, in question, as may be necessary to effectuate the purposes of this chapter, and in so doing, if by con- demnation, to have the right to take immediate posses- sion of the property, interest in property, air right, or other right sought to be condemned, at the time, and in the manner and form, and as authorized by chapter 74. In the case of the purchase of any prope~, or any ease. ment or estate or interest therein o~' the a .c~. uisition 0~ the same by the power of eminent Oomain me political subdivision making such purchase or exercising SUch power shall in addition to the damages for the takino injury or destruction of property also pay the cost of ti~ removal and relocafion of any structure or any PUblic utility which is required to be moved to a new location. ~.---s. 12, c~. 23079, 1945. 333.13 Enforcement and remedies.-- (1) Each violation of this chapter or of any regula. tions, orders, or rulings promulgated or made pursuanl to this chapter shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and each day a violation continues to exist shall constitute a separate offense. (2) In addition, the political subdivision or agency adopting the airport zoning regulations under this cha~- ter may institute in any court of competent jurisdict~ an action to prevent, restrain, correct, or abate any vio- lation of this chapter or of airport zoning regularohs adopted under this chapter or of any order or ruling made in connection with their administration 0~ enforcement, and the court shall adjudge to the plaJnM such relief, by way of injunction (which may be man~- tory) or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effect~ ate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto. (3) The Department of Transportation may institute a civil action for injunctive relief in the appropriate cir- cuit court to prevent violation of any provision of tJis chapter. I'lt~ol~/.--s. 13, cfi. 23079. 1945; s. 232, ch. 71-136; s. 5, oh. 75-16. 333.14 Short title.---This chapter shall be known and may be cited as the 'Airport Zoning Law of 1945.' JAN 0 9 2001 PC. /? .., 334.0: 334.0," 334.0~ 334.04 334.0,~ 3.34.04' 334.041 ~4.04.( ~34.05 34.063 34.065 334.071 334.131 334.14 334.175 334.185 334.187 334.195 3,'34.24 1562 Title 14 - Code of Federal Regalafio~s \ l*a~i$1 ~ru 199 \ Clanpar I - Fed*.rat A~iafion ' Par~ 77 Title 14 - Code of Foderal Re~ulaIions \ Parts I thru 199 \ Chapter I - F~le~l A~iation Administration, Department of Tramportation \ 5ubchapt~- E - Air, pace \ Par~ 77 Objects Affe~g Navigable Airspace Title 14 - Code of Federal Rz~lations \ iS.at?, 1 thru 199 \ ChaTtar I - Federal A-clarion Admtn'mTL~ 'o .u, Deparnnent of Tramporation \ Subchapter E- Airspac~ \ Part 77 \ Obj~:ts Al~g Navi~ble Airspac~ .Revision Hi.nory: Amdt 77-12, 60 FR 67254, Dec. 28, 1995. Amdt. 77-11, $egt 25, 1989. Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44502, 44701, 4471§, 46101'46102, 46104. {As of 60 FR 6..TZ54} Source: Dock~ No. 1882, 30 FR 1839, Feb. 10, 1965, xmlc~s oth~e no~cL Title 14, Code of_Federsl Re/uhfious \ P.m~.. l'.thra 199 \ Chapter I - Feteral Aviation AdnfinLs~tion, Department of Tr~.sporiafion ~ Subchapter E - Air~pa~ \ Part 77 Subpart A - C~neral TMe 14 - C .o.de of_Federal Re~daliom \ Psrts 1 thru 199 \ Chapter I - FedeFul Aviation AdminisU-at~on, Department of Trnspo~on \ $ubchspt~r Z - Airspeet ~ PAn 77 \ Subpar~ A - General Title 14 - Code of Federal ReKulations ~ Parts I ~hru 199 \ Chapter I - Federal Ayistion Adminlstration~ Department o~ Transportation \ Subchpt~ E - Airspacs \ Part ?'/\ Subpart A - Gtntrai \ § 77,1 Scope. This par~ (a) Establishes standards for deterngn~ ohstractions ~n navigable aizapace;. (b) Sets forth tlm r~lxfirem~ts for notic; to the ~dvni~.~a~Ior of certain proposed comstn~on (c) Provides for ~rcnamical studies of o~cns to a/r navigation, to deermine tl~ir effect on tim safe and c~cic~ u~ of af~pac~ (d) Provides for l~bl/c hea.-h~ o~ t~e bamr/ou~ effect ofyro~se~ ~on or aluwa~/cn (e) Pro~ides for es~lishinl a~ana farm areas. ~., O 9 2001 ]. I=,$. /~ § 77.2 D~n~tion of t~rms. proc. cch~ trah~-g. air navi.ga~.-.~. facilities.wi.'~ .only honz~ guidance, or ar~ type nav~gsuon eqmpmem, for which a-strmgh~-.m. nonpr~c~ .s~? msuamcnt ~h procedure approved, or planned, and for which no se~:~~anh faciliuc~ ar~ p~r indicated on an, FA~. p. lan.,,~$ documcut or .,,t~_'~. . airport ~_ -- Prec~mn ~ent rimway means a rimway nayrag an emst~.. ms'aumcm appro'a~ ~ ,,n~i,~g an ~n~unent I_~ai~S System (ILS), or a Preci~on Appro~ Radar (PAR). It also m~n, a muway for wMeh a pre~sion alrpro~ ~ is planned ~nd is ~c indieat~t by an FAA approved airport l yout plan; ar 4. 'ce ...a sove layou any oth~ FAA planning documc~ or military service ?ilitao... aupor~ pl~ "Ufili~ runway" means a runway that is constructed for and ~ to be used by propeller driven aircra~ of' 12,500 poun& mzxir--r, gross ~ight and less. "'V'~I runway" means a runway in. ruled solely for the operation of aircr~ using visual designation indicamd on an FAA approved an'Iron layout plan, a mm~.,'y scmc?approvea. ~i~i~ry airport layou~ plan, or by ~ny plam:/ng dncum~t submit~ to the FAA by lAin:It. 77-5, $3 FR 52~6, Apr. 2, 1968, ~ amended l~y Amck. 77-9, $6 FR 5969, A~. 1, 1971] T'~e.14 - Code of Fmteral.~ns \Parts 1 thru 199 \ Clm_pt~r I - Fedend Aviation Admmistrsfion, Department of Transportation \ Subchapter E- Airspu~ \ Part. 77 \ Subpart A - Genm~! § 77.3 St~adard~ T'~e 14 - Code ofFedend R~htiom ~ P?r?. 1 thru 199 \ Chapter.I. Feder~ Aviation Administ~fion, Department of Transportation \ $ubdmpter E- Airsps~ \ Psrt 77 \ Subimrt A - General ~ § T'/.3 Standre-ds. (a) The standards established/n this part for dem~,g obstructions m ~ na~gation a~ used. and (4) Trrrposk~ req~~ for ~iC noxicc of ti~ co--on cr alr~-~tion of any sU-actu~- where notice will promctc dr safc~y. (b) The st~na~]s used by the ,~.L~a*.or in thr establishment of fii~ ($~on 6, 80 ~tat. 937, 49 U.$.C. 1655) [Doe. No. 1852, 30 FR 1839, Feb. 10, 1965, ~ amend~ by Am~ 77-8, 33 FR 18614, De:. 17, 1968; Amck. 7%I0, 37 FR 4705, Mar. 4, 1972] Tifie 14 - Cod~ of Federal Regula~ons \ ParU I thru 199 \ Chal~r I - Federal ArC, ion Aa,-~-~afion, Department ~T~po~fion ~ Sub~pt~r E - ~pac~ ~ Pa~ ~ ~ Su~ B - Nofi~ of Co~~n or § 77.13 Construction or alterat/on r~quh-ing notice- Tifie 14 - Code of Federal ~tion~ \ P~t~ 1 thru 199 \ Cha~ - Federal A~fion Adm/nis/amfion, Depar~nen~ of Transportation \ Subchapter E - Airspac~ \ Par~ ~'7 \ Subpar~ B - Notice of.Consn-u~on or Alteration ~ § 7%13 Co~truc~on or s/tera~lon requiri~ notice. (a) Except as provid~ in § 77.15, each ~I~ZO_ r who proposes any ofthe following ~ ~on or al~-ation shall nogf7 ~hc A~ in the form and mauner lrrescn"bed in § 77.17: (1) Any Cons~c~on or alIcra/on of mot: ~n 200 fe~,t in height above ~h~ ground level at (2) .ans~u~on Cfi) 50 ~ 1 ~ ~) 2f W 1 for ~) ~y Mgh~y, ~ 1~ ~ for ~ wo~d n~ly ~e ~ ~ ~Mc~ ~ ~, for ~~ ~ for a (4) ~ ~ (5) ~y ~~ or ~~ ~ my of ~e foll~ ~ Supplement. Oi) .An airport und= comm.~cn, that ~ the L!~. jeer of a n~ or propo~ on file with the Federal AvisriCh ~on, ~ except for mili~ au'pc~, ~: is clearly indic:v,.ed thn that airport will be available for public use. ('~) An ~rport that is oper'~t by ~n ~ fcrc~ of the United Co) Each spcn~r who propcs~ conswacdon or alt~aticn thsI is the subj~c'~ of a ~.~.I~i~GENDA ..... JAN 0 9 2001 .~.ph (a) ofth~ -.~on and is o~ce ~ ~t 48 ho~ ~efom ~: (c) E~h ~omor who ~d~ c~m~on ~tes~ hei~ ~t a ~ppl~n~ notice (~) ~ co--on ~ ~t~don (2) ~ F~ ~o~ o~c= ~ 77-5, 33 FR 5256, Apr. 2, 1968, as amended by A~k. 77-9, 36 FR 5970, Apr. I, 197I; 77-10, 37 FR 4705, Mar. 4, I972] § 77.15 Constractlon or alternfion not requiring notice. Tifie 14 - Code of Federal R~gulafio~ X P.ar~. I thru 199 \ Chapter I - Federal Avhrtion Admini~-ation, Departeat of Tran~o~fion \ Subchapter E = Airspace \ Part T'/\ Subp. ar~ B - Nonce of Construction or Alteration ~ § 77.15 Construction or ~It~mtion not raquu'iag not/c~. No per~on i~ ~ to ncyti~ the Aa~-;~rator for any of ~e follow:rag constraCon or (~) Any object' that w~d ~e skield~l ~y ~ stmc~ of a p~~ ~ m~ ~~1~ ~ ~ ~ ~ m ~1~ ~ n~ ~ly ~ ~ ~ ~ of ~ ~ ~. (c) Any air .n~.'~ation facility, ~rport visual ~ro~ or l~nding a/d, aircr~ an-~dng ~ or m.~orolo..~.cal d .~icc, of a ~ aMm~ved by :he A_ .'. ~. _ , or ~n appropr~e m;;;t~7 s~'v~c= on m~;~ry ;~-pom, the Ioca~ion and height of which ~s fix~I t~ it~ fun~ona/purpo~. (d) Any constolon or ~lter~on for w~/ch nodc~ is r~lu/md I~, an7 other I:AA regu~iom [Doc. No. 18~2, 30 FR 1839, Feb. 10, 1965, ~ ~m~ b7 Am~ 77-~, 3~ FR ~257, Apr. 1968; Aretit. 7%9, 36 FR 5970, Apr. l, I971] Title 14 - Code of_Federal R~,uh~m \ P.?~.. I thru 199 \ Chapter I - Federal Aviation Administration,.Departmeat of Transportsdon \ Subchapter E - Airspace \ Part 7'/\ Subpart B - Not~ of Construction or Alteration § 77.17 Form and time of noti~ Title 14 - Code of Fmteral R~,ulsfiom \ Parts 1 thru 199 \ Ch~pt~ I - FeStal Avi~on Admiaistration,.Department of T~po~n ~ Sub~ap~ . ~~ ~ P~ ~ ~ Subp~ B - No~ of Co~cfion or ~~n ~ ~ ~.17 Fo~ ~d ~e of no~ (a) ~h ~n~o ~ ~~ m no~ ~e A~~ ~ ~.13(a) ~ ~ o~ ~~ fo~ ~ (fo~ c~) ofF~ Fo~ 7~1, No~ of~~ ~~ or ~te~om to ~ ~~. ~ Tm~, ~iom F~ ~o~ ~ ~ j~on over ~ ~ ~tM. ~ch ~ com~ ~ ~fi~ ~ ~ loc~. Copies ofF~ F~ 7~0-1 -- A~NDA ~ JAN 0 9 2001 However, a no~i~ relainB to l~rOl~Ot~I ccr, sm~ca or ~mr~on ~t 2 a~ to ~e E=~ ~men~ of~e Fed~ C~~d~ Act ~y ~ s~ to FM ~ ~e ~e ~m~ ~e ~H~don for co~on b ~ ~ ~e F~ Comm~o~ Co~o~ ~ ~ ~y e befo~ ~ ~. (c) A prc~s~d ~ or a~ altaratica ~o aa cdstiag ~',hat cxee~ 2,~0 f~t ~ ~~t u~i~on of ~e ~ ~e ~~ ~ &~ b~ of o~mi~g ~t p~~o= Each no~ ~~d ~ ~e ~ p~o~ of ~ P~ ~ p~pos~g a O~y M ~cep~! ~, ~ ~e F~ con~ ~ a cl~ ~d ~m~ll!~g ~~ ~ ~ m~ ~.k ~d not ~ ~ ~ ~6e~ ~on of~e ~ ~ ~d n~ ~ to ~ n~ F~ F~t S~ S~om (~) ~ ~n ~ ~ ~~ ~ n~ ~ A~,~ ~ ~Vh ~) ~ (c) oet 7~.1~, or ~ ~ ~ m ~d ~ ofF~ F~ 117 1, N~_o~~ ~Co~on ~ (Section 6, 80 Sial. 937, 49 U.S.C. [Doc. No. I882, 30 FK 1839, Feb. 10, 1965, as ammdcd by Amdt 77-2, 31 FR 9449, July 12, 1966; Amd~. 774, 33 FR 18614, Dec. 17, 1968; Amd~ 77-10, 37 FR 4705, M~r. 4, 1972; 77-11, $4 FK 39292, Sept. 25, 1989] § 77.19 Ackaowled~ment of notice, Ti_tle 14. - Code ot__Feder~ Regulations \ Parts 1 thru 199 \ Chpt~r.I - Federal Ayisfion Admlnlstration~ Department of Trlmporintion \ Sube&apt~ E- Airapmc~ \ Subpart B - Nofic~ of Consirucfion or Altera~n \ § 77.19 Aclmowled~nent of notice.. (a) The FAA acknowledBes i~ vaiIing tim ~ of .each riolice submitled trader § 77.13(a). (b) Ifthc consw~on or alta-ation progo~ ia a notice m a~ for which ~ or standards ~ prep'bed in ~e FAA~ C/rcul~ AC 70/74~0-1, entitled "Oh..s~i. 'on. Mark~ and Ligh~g," ~ acknowledgmem co~-~i,~, a sralement m ~ ~ and mform~ion on how ~ strucra~ should be mark~ and li~ in accor~,~,-a with the ma~ua~ (c) The actmowtcd~cnI sta~s lt~ an aer~na~cal study of the proposed cons~uc~,~- JAN 0 9 2001 (1) Wouicl no~ ~c.--~ any standar~ of SuLT~': C a~d would ~t l:e a ~ m air (2) Would ~.~d a standa-d of $~par~ C but would not be a ~ to air r~dg~ion; or (3) Would ~xc~ed a mn~d of Su~a~ C ~nd further aeroraud~ ~y is nec=s~-7 to d~en'n'me whether it would be a hazard to air navi~ion, ri~ the s!~n.~r m~ request v,-i;,~ 3 0 days hh~t i:m~,er study, and thaL pendin~ compte~ of any furJaer study, i: is pr~umed ¢onsWa~t:ion or al~n'~crn would be a b~7~i to air [Doc. No. I882, ~0 FR 1839, Feb. 10, 196!, as amended by Am~ 774, 32 FR 12997, Sept. 13, 1967; Aretit. 77-$, 33 FR 5257, Apr. 2, 1968] Title 14 - Code ofF.ertl Re~lations \ ?srt~ 1 thru 199 \ Chapt~r,I - Federal A'datien Administration, Dcpartmemt of Trsasportafinn \ Subchapter E - Arr'~pace \ Part T7 Subpart C - Obstruction Standards Tific 14 - Coda ofF~n:leral ~tions \ Part~ 1 thru 199 \ Chapt~' I - Federal Aviation Admlmistrafio~, Depsrtment of Trs~sportation \ Subchaplin' E - Airspace \ Part 77 ~ $~bpar~ C - Obmclion S~andards § 7731 Scope. TRIe 14 - Code of Federal Regulations ~ Paris I thru 199 ~ Clmpter I - Federal Aviation Adminisn'afion, Dep.a. rt~?nt of Transportation \ Subchapter E - Airspace \ Part 77 \ Subpart C - Obstruction Standards \ § 77.21 Scope. (a) ~ SUblrat ~stablishes ~ for deter~,~-~ obstrucfi~ ~ air navigation. It applies to ~ and proposed n'mnrn~d- obj~s, obj~ of,,~,ml 8rowth, and ten-~i,~_ The apply to the use of navigable airspace by aircra~ andto existi~ air navigation facfities, such as an am na~iptinn aid, airport, Federal airway, instrm~ent approach or departure procedur% or offeir~ existing facility or ..u~e., ira proposal meresor is on me yam me ~e~erm Aviation Administration or an appropriate m~!itery service on the da~ the notice required by § 77.13(a) is fried. Co) At t ose airpore having denned run _ rS_ s.withyhard surf. ac ., surface for each such runway extends 200 feet oeyona caen ena oxme runway. At ttaose ~uports having defined scips or palh~ ~ are used regularly for the taking off and landin~ of aircr-~ and have been designa~ by appropriate ~ as rum~ys, but do not have specially prepared ha,d .s. mfaees, each end of the pa .surface for ~ snch nmwa7 shall. coincid~ with tl~ co~spo.ndi~ end of the runway. At thos~ ai,-pom, ~x~ludiag s~p~ bases, ~ a d~in~ landing and ~ ar~a ~ no d,fin.ed. pa~hv?~ for th~ .lan..c~ aml taking off of ~ a d~nniaation shall be m~4* as to which portions of tdz ~ and lak~off area r~darly used as landing arid ~ffpathway~. Those pathways so determined Shall be. c~nsidered ~s be~ lon~linally ~ on each runway so derembed, and each end of thai prim~ ~ shall coincid~ with the con~ndin~ ~nd of ~ ~. (c) Tt~ standards ~n this subpart apply to effect of can'tinclen or alteration proposals an airport if, at th~ time offfiin~ ofii~¢ notice rcquir~cl by § 77.13(a), flint airport is -. , (1) Available for public use and is ~ in the Airport ~ oftl~ cun'~nt Akinart s Infcmra~on Manual or in cith~r the Alaska or Pacific Airman's Guide and Chart Suppicture; or constriton, that is the subject of a · (2) A planned or proposed airport or an ~ under notice or.proposal on file with the Federal Aviai. on ~~on, ~ ~c~t for rnfitar7 airports, ~t is ~le~rly im:licated that that ah-pcr~ will be available for public us~; ~r, (3) An a/rpon that is operated by an amaed forc~ of the United Stales. , JAN 0 9 2001 [Dcc. No. 1~2, 30 FR. 1839,1;'cb. I0, I96~, ~ ~-'nend~l by Amdt. 77-5, :~3 Fi~ :5~:~7, Aim 2, 1965; Am~ 77-9, 36 FK ~970, a~. 1, I971] Title 14 - Code of Federal R~]et~ons \ Pe.~. 1 ~-u 1~ \ Chaj~r.I. Fede~ Avia~on AHmln~a~o~ Departmont of Tra~usporta~on \ Subchapter E - ~pace \ Part ?7 \ Subpar~ C Obst~uc~on Standards § ??~7.~ S~uda~ for d~g obs~actions. Title 14 - Code of F~le~i R~lafions \ P?~.. 1 ~ 1~ ~ ~pt~ I - F~e~ A~on ~~~ Depa~t of T~po~fion ~ Sub~p~r E - ~a~ ~ P~ 77 ~ Sub~ C O~~on S~~ ~ ~ ~ S~nd~ for dete~g o~~o~ (I) A height of 500 feet above ground level at the ~ of the object. (2) A height that is 200 feet above ground level or above the established airport elevaficm, whichever h .hi~,hcr, w~n 3 na~cal miles of~e esmb~~f~ce poem oS excluding h~lipons, with its long~s~ nmway mor~ t~_~ 3,7.00 ~ in acuml l~ngth, and ~ h,--'igh~ incrrmscs in die p~'don of 1 O0 fe~ for cinch ac~ional nmu~cal mile of dismucc fr~m airport up u3 a maximum of 500 feet. (3) A height within a terminal obstacle cl~ area, i~l~ an initial approach segment, ~ any lx~int on the obj~'t and an establi~h~ minimum i=.smunent flight aliirode ~hat a~ea or segm~. emm be les~ ~a~?~~ obs~cle clearance. (4) A au :m.c. ar , of a Feeloral aL~ay or apIrrov~i off airway ~ that would increase ~he mmlmum obs~Ic clearance al 'tm~l~ (5) The ~ ofa tak~rl~ a~l lan~g a~a of an a~port or any imaginary ~tself will be considered an cbstruc~o~ (b) Bx~/~pt for lraverse ways on or nea~ m ah~n wi~ m ~~ ~ ~c ~n~l ~c~ ~~ ~ ~ ~ ~c ~I w~ ~ by ~ ~on .~~ ~d ~ ~e ~ ~c ~1 ~ ~ ~~ of~h (a) of ~ ~on ~ly ~ ~~ ~s ~ ~ ~ ~ ~ f~ ~c p~ of~bfie obj~ ~y ~ ~ ~ of~ ~ .~ ~ ~~ ~: . (1) S~~ f~ for ~ ~e ~~y ~ ~ ~ of ~e N~o~ S~ of~~ (2) Fi/h~ ~ for a~ oth~ public roadw~.... (3) T~n f~t or th= height of the high~ m~bile obj~'t that would nonrally ~ th~ road, w'~chever is Srea~, for a,lziVa~. zx~ad. (4) Twenty-three f~t for a railru~ and, (~) For a ~ o~ any od~.r wave,so way uo~ l~Vicmsly m~n~l, an a~ount ~ ~o height of ~he highest mobile objec~ that would normally ~-aver~e ~. [Amd~. 77-9, 36 FK 59?0, Apr. 1, 1971] Tide 14- Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I- Federal A',iation Sabpart C Obstruction Standards AC=ENDA HEM. .lAid 0 9 2001 Adm~n~n, Depa~t of Tr~o~fion Subp~ C - Ob~cfion S~dan~ X ~ 77~5 C~ ~ ~a~ ~u~. p~=e ~ ~g ~ pI~ for ~ ~t m ~o~ ~s. ~e ~ of ~h ~ (1) 5,~0 ~ for ~ ~~ desi~ (2) 10,000 f~t for ~ o~ ~~. ~e ~ of~e ~ ~fi~ f~ ~h ~d of a ~y the runway. When a 5,000 foot arc is encompassed by tangents c.mm~,f~, twg. adjac~t .10,000 foot arcs, the 5,000 foot arc shall be disrega/ded on t!~ comstrucuon o · ~r otme primarT mrfiw~ ~: (1) 250 feet for ulility rumways havi-~, only visual approaches. (2) ~00 fe~-t for utility runways havin~ nonprecision insu'ume~ approaches. (3) For othrr than uglit~ runways the width is: O) 500 f~-t for visual r~rays havin~ o~ly visual approaches. (h} 500 feet for nonpr~ision imtmment runways having visibility ,~,,i,,nm.. ~ than red) 1,000 feet for a nonprecision in.smanent nmwa7 having a ~on ins~ approach with visibility minimums as low as Ihree-fom~ of a slatute mile, and for precision insmmaent rimways. The widd~ of the piimary surfa~ of a ranway will be that width pr,~sml~l in fi,.is section for the most ~ approach mfisri-g or planned for either end of that runway; (d) Approach sinface. A sin'face longitudinally_ ~ on the .extended runway. cent~ till. e and extending oulward and upwazd from each end of. the pmmm'y sin'face. ~..~acn. suna??., applied to each m3d of ~ ranway based upo~ 'J~ type of ~proach armlame or p,~im mr ma~ (1) Tl~ h,a~r ~lg~ of the zppmac. h smfa~ is the sane widr~ ~s the 1~'~ ~ and it expands uniformly to a width of: O) 1,250 f~-t for thru end of a utility runway with only visual approae. h~; (ii) 1 ~00 f~:t for that end of a runway other than a utility runway with only visual approaches; ('Ed) 2,0~0 f~ for tha ~=i of a ~ili~ runway wi~h · novon immanent._.appmh~'' (iv) 3,500 fe~-t for that end of a nonprecision imstmm~ runway oti~r than ~tY,g vi~ilirf ~ums gr~mr than ~r~e-founhs of a stazme mil~; . (v) 4.,000 f~ for lh~ ~cl of a nonpr~hdon im-w~r~em runway, other th~ utility, ~ a AGENDA JAN 0 9 ~sion ~ent ~oach wiL~ vidbilirf ~i~ as low ~ thr~-fo~v~.,gs slat'u-~ ::die; (v~) 16,000 re,at for :prtcis~o~ ~::: r,~v~ys. / (2) The aErro~ s'a'~c¢ ~wis for a hcMzontat distanc: (~ $,000 f~: at a slcrpe of 20 ~ t for all t~!ity =el viraal ~rt~,~a~$;' (ii) 10,000 f~t at a siope of 34 I~ I for all non~¢irlor~ iraw. t~¢n: ru~wa~ other tha~ ~ility; a~d,. ('fii) 10,000 fe~l a~ a slc~e ors0 m 1 wi~ an additional 40,0(}0 fe,~ ~ a slope of~0 m 1 for (~) The o ..u~. wid~ of an aplxoach ~ to ag ~cl c. fa runway will be tha~ pr~s,,.-n~bed in this subsection for the most ~ appr~acl~ exis~B ~r plauncd ~crr tha rm~way § ~7.zs Mmtary sirport TMe 14. ~ Code of Federal Regulations ~, P.a~.. l"rlum 1~ \ Chs_pter I - Federal Aviation AamTmqtralione Department of Trsmportation \.Subchapter g - Airspace \ PLvt 77 \ ~,a) i~latea to tarport ternfence poinm. 1-~es~ sunaces at~ly'to ~ mili~ 'mrpcns. i-'or me (1) ~ hofiamml surf_~e: A plane is oval in shape at a lzigtn ofl,S0 f~-et above.lfie established airfiald elevation. The plane is consm~ by scribi~ m arc ~ a r-~lius of 7,.S00 feet about the centerline ax the end of each runway and ~~.these arcs with reagents. (2) Conical sm-fa~. A stuqac~ extending from.the. per!_ phery of the umer hofimmml surface 9utwa~ and upward. a~ a slOl~_ of 20 to 1 fat a horizontal distance of %000 feet to a height of 500 l:~et above the es~ab~ 'miraeld elevation. (3) Outer horizon~ sa..-f-a~. A plane, located _~00 feet above the established ah:fidd elevatiom extruding outward fix~ the oum pexipla~ of the con/cal surface fro' a hofimmal distance of 30,000 f~t. (1) Primary stu-fa~. A surface located on the ground or wa~. long/mdinaLly centered on each 2,000 ~ However, at e~bg~ ~ whe~ vab~ c~on has taken pla~ in accordance with a previous lateral clearance criteria, the 2,000 foo~ wid~ may be rcd~ed to former ~ Clear zone ~. A sxu'fa~ Iocal~ on the ~-o~md or ~ at each ~I of ~ ~ ~, ~ a 1~ of 1,~ f~ ~ ~ ~ ~~ ~ ~ s~ ~~ be~ 200 f~ beyond ~h ~ of ~e ~ s~ac= ~ ~e ~~c c =va~NDAI~ so. JAN 0 9 2001 p~. ~, bf &.e ~nv~y cm/and ¢xmnd~ for 50,000 feec The slop~ of~ ap~h cl:~c: ~ ~ 50 to 1 ~g ~e ~y c~r~e ~nded ~fil it ~ ~ ~e~on of 500 f~ above ~e e~b~ed ~on el~. I~ ~ tongues ho~on~y ~ ~ el~on ~ a po~t 50,000 feet ~m ~e po~t of.~~g. ~e ~d~ offs ~,~ a ~e rm~y ~ ~ ~ ~e ~ ~e p~ ~ce, it fi~s ~o~y, ~ ~ ~d~ at ~0,0~ ~ ~,6,000 f~ (4) T~iQo~ ~c~. ~esc ~ co~ect ~e ~ ~aces, ~c ~ 200 f~t of~e [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Arefit. 7%1, 30 FR 6713, May 18, 1965; Am~. 77-9, 36 FR 5971, Apr. 1, I971] Title 14 - Code of Federal R~alntions \ Parts 1 thru 199 \ Chapter I - Federal A~ation Administration, Department ~)f Transportation \ Subchapter E- Air3paee \ Part 77 \ Subpart C - Obstruction Standards § 77.29 Airport imngb2ery suFhces for heliport~ ' Tifie 14 - Code of Federal Regulations \ Paris 1 thru 199 \ Chapter I - Federal Aviation Administration, Dcp..a~,ent of Transportation \ Subchapter F.. Airwpece \ Par~ 77 \ Subpart C - Obstruction Standards \ § 77..29 .Ai~o, ?gha~ ~..urh. e,s. for h.eH.porm ... (a) Hel¥cmt primn~y surface. The sr=a of the c~ign~d takeoff and la~,~ area ofa he[iport. Y~ surmc¢ m a nonzonm~ prone a~ me tieva,/on of the esmbli~ed h¢l~port elevation. Co) Hcliport approach surface. The .approach _surface .~gim ~ each cn.d of.the heli .po.~ primary surface wi~h the same width as the primary surfa~ and exten~s outwarci ana upwam tot a horizontal distance of 4,000 feet where its width is ~00 feet. The slope of the appro~ surface is $ to 1 for civil heliports and 10 to 1 for milita~ helipons. · (0 ,upon boundaries of the hellport pt/mary surhce and from the app~.. acn surmc~ a~ a s~o ,pc ot-g to,~ tor a distance of 250 f~ct mcasm~ horizontally from the c~atcrhn= of the Fnmzry aria approach surAce~. [Doe. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 FR 5971, Apr. 1, 1971; 36 FE 6741, Apr. 8, 1971] Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation Admini. tration, Department of Transportation \ Subchapter E - Airspace \ Part 77 Subpart D - Aeronautical Studies of F~ect of Proposed Construction on Navigable Airspace Title 14 - Code of Federnl R~eguhfions ~ Parts 1 tkru 199 \ K~dapter,I -Federal Avhfion Administration, Department of Transportation \ Subchapter E -Airspaee \ Part 77 Subpart D - Aerunautical Sindies of Effec~ of Proposed Construction on Navigable Airspace § 7'7.31 Scope. TB~e 14 - Cooke of Federal R~gulations \ Pnr~s 1 thru 199 \ Chapter I - Federal Aviation A~fion, Department of Transportation \ Subchapter E - Airspac~ \ Part 77 \ JAN o 9 2001 EXECUTIVE SUMMARY PETITION VAC 00-019 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A ROAD RIGHT OF WAY FOR PELICAN STREET WHICH WAS DEDICATED TO THE COUNTY BY THE PLAT OF "ISLES OF CAPRI NO. 1", AS RECORDED 1N PLAT BOOK 3, PAGE 41. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the above-described road right of way. CONSIDERATIONS: Petition VAC 00-019 has been received by Planning Services from Douglas A. Wood, Esq. of Sicsky, Pilon & Wood, as agent for the petitioner, Samuel Hubschman, requesting the vacation of a portion of the right of way for Pelican Street. A Resolution was adopted by the Board of County Commissioners on November 16, 1965, and recorded in Official Record Book 206, Page 7 which vacated the westerly 75.70 feet of Pelican Street. The Legal Description was incorrect because the intent was to vacate the westerly 100 feet of Pelican Street, or that portion along all of Lot 112, which is 100 feet in width. Another Resolution was adopted June 18, 1968 and recorded in Official Record Book 278, Page 907 which vacated that portion of Pelican Street along Lot 111. There remains a 24.3 foot portion of the right of way that lies between the vacated portions. The Petitioner wants to vacate the 24.3 foot portion so that the entire right of way of Pelican Street along Lots 111 and 112 will be vacated. Letters of no objection have been received from all pertinent agencies. Zoning is RSF 4. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising. recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Connnissioners: 1. Adopt the Resolution for Petition VAC 00-019 for the vacation of the portion of the above-described Road Right of Way; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg. P.S.M. Engineerin ,~Serv~s REVIEWED BY: ' Thomas E. Kuck, P.E., Engineering Review Manager REVIEWED BY: l~obe~ Mu~hcre, AICP APPROVED BY: Planning Services Department Director Jo/'fii M. Dummck, III, Interim Administrator Co'mmunity Development & Enviromental Se~ices DATE: AGENDA ITEM No. JAN 0 9 2001 RESOLUTION NO. 2001- RESOLUTION FOR PETITION VAC 00-019 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A ROAD RIGHT OF WAY FOR PELICAN STREET WHICH WAS DEDICATED TO THE COUNTY BY THE PLAT OF "ISLES OF CAPRI NO. 1", AS RECORDED IN PLAT BOOK 3, PAGE 41, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Douglas A. Wood, Esq. of Siesky, Pilon & Wood, as agent for the petitioner, Samuel Hubschman, does hereby request the vacation of a portion of the right of way for Pelican Sweet; and WHEREAS, the Board has this day held a public hearing to consider vacating said Road Right of Way as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following road right of way is hereby vacated: See Exhibit "A" attached hereto and mcorporated her(to. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to advertise the adoption of this Resolution once m a paper of general circulation in the County within 30 days following its adoption. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution m the Official Records of Collier County, Florida. This Resolution adopted alter motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUN'I~ COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal Patrick White Assistant County Attorney BY: Chairman -- AGENpA~TE~ JAN 0 9 ?_001 EXHIBIT "A" SHEET I OF VAC 00-019 JAN 0 9 2001 Date Received: Attachment "A" PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY Petition #:_~'., =',. 16A1 Petitioner: .qam~]e 1 Hubschman Address: n,/o ,~iesky, Pilon & Jood Telephone: City/State: Zip Code: Agent: Douglas A. Wood, Esq. Address: ~ n0,~ Tminismi Trail North, Suite 201 City/State: Naples, Florida Telephone: (941) 263-8282 Zip Code: 34102 Road Name: Pelican street (East 24.3 feet south of and contiguous to Lot 112) Location: Section 34 Townshi~~ ' 48' S '" ~' ~5'E 3 41 ~ Range ~ Plat Book Page(s) Legal Description: Lot 112 and the West 45.5 feet of Lot 111, Isles of Capri No. One. Current Zoning: residential [' i * · ~" ' ~ Reason for Request: co~ ~n ~rror iD leqal description for Does this affect density? n~ I hereby authorizeAgent above to represent me for this petition: ~ Yes Sign~r~of Petitioner Samuel Hu~schman Print Name ~revious vacation of street [] No Date (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" 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 (1) (2) (3) (4) If applicant is a land 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 principals. List all other owners. Attachmere ~A" Page 4 of 4 JAN o 9 2001 Official Receipt - Collier County Board of County Commissioners CDPR1103- Official Receipt Trans Number Date Post Date ' Payment Slip Nbr 226423 10/09/2000 10:37:33 AM 10/09/2000 ! MS 76770 JAMES SlESKY New or Exist: N Payor 'JAMES SIESKY Fee Information Fee Code Description 12T~/~ REV ACCT/VAC EASEMENT-ROW GL Account Amount Waived 10116361032910000000 $1000.00 Total $1ooo.oo Payment Code Account/Check Number CHECK 9050 Payments Memo: Check No. 9050 VAC-00-019 Total Cash Total Non-Cash Total Paid Amount $1000.00 $0.00 $1000.00 $1000.00 Cashier/location: FROLOFF E / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 10/0~. A C.-,F.,'~ A THIS INSTRUMENT PREPARED BY: Thomas K. Boardman BOARDMAN & SPILLER, P.A. 1400 15th Street North, Suite 201 Immokalee, Florida 34142 Parcel I.D. No: 52344200006 2680379 OR: 2714 ?G: 0642 RiCO!iDleD ill OFHCIAL INCOItDS o[ COLLIER COUNTI/, 08/22/2000 at 01:32PK DfflGHT B. B~OCL CLBRK CONS 1178000.00 RBC FB! 10.50 DOC-.?0 8246.00 SIBSKY & PILON I000 N TAHIAHI YR #201 NAPLBS FL 34102 (FOR RECORDING INFORMATION ONLY) WARRANTY DEED -.4~, THIS INDENTURE, made this q '"day of August, 2000, between INA L. JOHNSON, the unremarried widow of E.L. Johnson, Jr., a/kaY Ernest L. Johnson, whose address is 2004 Johnson Road, Immokalee, Florida 34142, hereinafter called the "Grantor"; and SAMUEL HUBSCHMAN, whose address is 6562 Trail Boulevard, Naples, Florida 34108, hereinafter called the "Grantee." WITNESSETH, that the said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, to her in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, his heirs and assigns forever, the following described land, situate, and being in the County of Collier, State of Florida, to-wit: Lot 112 and the West 45 feet of Lot 111, Isles of Capri No. One, according to the plat thereof in Plat Book 3, Page 41, Public Records of Collier County, Florida. SUBJECT to easements, restrictions and reservations of record, as well as taxes for the current year. TO 11AVE AND TO !1OLD, the same in fee simple forever. AND the Grantor does hereby fully warrant the title to said land, and except as above, will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: (Sign) (Print) INA L. JOHNSO~ 3AN 0 9 2001 *** OR: 2714 PG: 0643 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this c] .. day of August, 2000, INA L. JOHNSON, who is npersonally known to me or who has produced ~nFlorida Driver's License No. ~Pd~ ,te.,~,~as identification. N6T,40,~ PUBLIC Print Name: Commission _~_o.___ __ Commission ~_~f'~$: , ,'.',,r)A fit IK FllISS CAEA~eedsUohnson.lna.ttubsclunan. AGENDA ITE~ JAN o ~ 2OOl ill ~..§ ~ ....... JAN 0 ~ 200{ pl.__ ~:~ -- JAN I) ~) 201)i GOV'T L~ 9 PONPANO BAY ASSESSmEnT MA~ COLLIER COUN ? ~ FL OI lIDA COMPILED & DBAWN FOR PROPERTY APPRAISER NAPLES. FLORIDA SECTION 3t TOWNSHIP 5t RANGE 26 DRANN BY, DATE UPDATE- BY. OATE 9196 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 August 18, 2000 Douglas A. Wood Siesky, Pilon & Wood Suite 201, The Fairway Bldg. 1000 Tamiami Trail North Naples, FL 34102 Re: Vacation of the East 24.30 feet of Pelican Street South of Lot 112, Isles of Capri Dear Mr. Wood: This office has reviewed your request to vacate the above-referenced East 24.30 feet of Pelican Street South of Lot 112, Isles of Capri. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Barbara Olko Customer Service Representative Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development \\itmain\pw-operation\diane\esmt vacation\isles of capri 85 pelican st s of lot 112.doc JAN 0 9 2001 ?/ SIESKY, PILON & WOOD a partnership of professional associalions ATTORNEYS AT LAW Mr. and Mrs. Gish Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Sincerely, Douglas A. Wood DW/mn Enclosures F:~tPPS~WP51'd4ubschm~n- va~6on of Pelican St - letter ~o Mr. ~md IVlt~ Gi..~h- 8-16.2000 wpd 2342 80 We have no objection to the vacation of said portion of Pelican Street. Date: ~r.~. f_ ~ ~ Charles W. Gish Treva M. Gish AGENDA ~ JAN 0 ~) 2001 SIESKY, PILON & WOOD a partnership of professional associations ATFORNEYS AT LAW Mr. Nino Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. DW/mn Enclosures F:La, PPS\WP5 I\Hubsclunan- vncalion of Pelican St - letter Io Ron Nino- 8-16-2000 wpd Sincerely, l)ouglas A. Wood 2342 80 Collier County Planning Services has no objection to the,~tion of said portion of Pelican Street. Date: Signature Print Name and Title AG~NOA I1T. M /7 SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW Mr. Kuck Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Sincerely, I)ouglas A. Wood DW/mn Enclosures F L~PPS\WP5 I~lubschman- vacation of Pelic&n St - letter to Tom Kuck- 11-16-2000 wpd 2342 80 Collier County Engineering Review Services has no objection to the vacation of said portion of Pelican Street. Date: , ~:3 ,/'/~Z/~'~ ~~'k~, Signature Print Name and Title .IAN 0 g 2001 SIESKY, PILON & WOOD a partnership of professional associations A'ITORNEYS AT LAW Ms. Bridget Ladd Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. si . Douglas A. Wood DW/mn Enclosures F:LaOPS\WP51 ~Hubschman- vacation of Pelican S~ - lelter to Bridget Ladd- 8-16-2000 wpd 2342 80 Collier County Sheriff's Office has no objection to the vacation of said portion of Pelican Street. Date: ~- 1"2-Oco Signature Prim Name and Title JAN 0 9 200t SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW Mr. Gratton Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Sincere~,~~.~ Douglas A. Wood DW/mn Enclosures F LAPPS\WP5 P, Hub~chman- vacation of Pelican St - letter to FPL- 8-16-2000 wpd 234280 Florida Power & Light has no objection to the vacation of said portion of Pelican Street. Date: Signature Print Name and Title /::v~ ~ L, AGENDA ITEM JAN 0 9 2001 SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW Mr. Kant Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Douglas A. Wood DW/mn Enclosures FLa. PPS~,WP5 DHubschman- vacation of Pelican S! - letter to Edward Kanl- 8-16-2000 wpd 2342 80 Collier County Transportation Services has no objection to the vacation o~said/~/f Pelican Street. Date: ,F ' ~/'"' d"~' Prim ~ame and Titl~ ~__L.LL/..~ JAN o 9 2001 pj. SIESKY, PILON & WOOD a parmership of professional associations ATTORNEYS AT LAW Mr. Howell Page Two Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Douglas A. Wood DW/mn Enclosures F:La~PPS\WP5 I~}tubschman- vacation of Pelican St - lelter to Eugene Howell- 8-16-2000 wpd 2342 80 MediaOne Cable has no objection to the vacation of said portion of Pelican Street. Date: ~"/ Signature Print Name and Title JAN 0 9 2001 Sprint Page Two SIESKY, PILON & WOOD a partnership of professional associations AITORNEYS AT LAW Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. DW/mn Enclosures F L~.PPS\WP5 BHubschman- vacation of Pelican St - letter to Sprint- 8-16-2000 wpd Do.gl.as .4. Weod 2342.80 Sprint United Telephone-Florida has no objection to the vacation of said portion of Pelican Street. /Signature l'rint Name and Title "AGENDA I'IT.M no. /?~ JAN o 9 2001 LIST OF ABUTTING PROPERTY OWNERS Mr. and Mrs. Charles Gish 3795 East 1300 South Battleground, Indiana (Lot 110, Isles of Capri No. One) 08/09/00 RED 05:49 FAZ 19,115574278 ii BOARDMAN ~ $?ILLER,?.A. JOHNoON PLAN'IS iNC ,.1 i~007 " AGFJ'~A I~' JAN 0.9 2001 RESOI,I.'T]ON CI.,(ISIKI: AND ABANDONING !'UI;1,1C kOAD County, Florida~ on its ow. ~tion, h;~ com;Jdered the ;~dvJsabJlity o~ c]osin~ ~nd ~bandonJ~ :~ public ro.',d~ .r portion ~h~'~'of~ Jn k~ER~S, Notice of a Public Hc'o~ in~ has been published ~s ~equi[ed by Florida S~atute 336.10 and in ~he manner therein p~ovJded vith p~oo[ of s~me being m~ file ~nd I.-ese~v~'d i. the office of the .said Board, and saiJ public he;~rin~ had, n,',~ there- fore, upo~ d~, consideration tht'r,'ot', it iS R~SOL~D, that the i,otti(,n ,,I I'uli~'.,n St;~'~'[ ;~dj:~ct'nt and con~iguous to Lot 1~[, ls]['~ of Cdl,~ ~ No. 1, according to thv Plat ~her(,of in Plat Book 3, I',~,. 6], Public R~co~ds of Collier Courtly, Florida, beinF s(.vcn~v-fivr (75) feet in length and [hi[ty (30) ~eet in width~ he clt,~,cd, v~cated end abandoned. BE lT FtRITIIER RESOIA'ED ~h~st nol ic(' nf -dop(ion of this resolution ~e published one ~imc in Ihe m;~smer required by Florida Statute 336.10, that pronf ol puhlication of public I,,arins, this Resolotior and proof oi ,.otice of i~doption of this r~'~:olol ion be recorded in the deed x'eco:'ds ,,f i:~l l i,.s Counly, Florida. · .. DATED this 18th day ol .lunc, 1968. BL)ARI) OF COI,NTY COI~IISS]ONERS OF C:OI,i,IER COUKTY, FLORIDA Vice Chai~m:m 279 6.f 18168 JAN 0 9 2001 pi._ P- _ RESOLUTION orr .7 ~ ': d.. J).<' "J.: tfl WIIEREAS, N.H. Inmon has petitioned the Board of County Comissioners of Collier County, Florida, to vacate a portion of plat in Isles of Capri Subdivision No. 1, more particu- larly described below, and WHEREAS, pursuant to Chapter 192.30, Florida Statutes, a public hear Lag was duly held by the Board of County Commissiuners, wherein no one appeared to object to the vacation of said portion of plat, said hearing held in the Co~issioners Board Room, Courthouse, Ea-t Naples, Florida, Tuesday, November 16, 1965, after being duly advertised, and in all manner in com- pliance with said statute, ~'CW, TitEREFORE, BE IT RESOLVEI~ by the Board of County Commissioners of Collier County, Florida, that. tt DO t~ID DOES HEREBY grant the said petition and be it £urther resolved that that portion of plat described as: The westerly 75.7G ~eet of Pelican Street, southerly of Lot 112~ Isle~ o£ Capri Sub- division No. 1, as recorded in Plat Book 3, Page 61, Public Records of Collier County~ Flor ~da be and is hereby vacated and the ~.ounty of Collier, on behal£ of the public, by and through the Boar~ of County Commissioners of Collier County, Florida, does hereby renounce and disclaim any rights to a~id portion of said plat heretofore described. DONE AND RESOL~£D in regular session this the l&~ .day o£ November, 196~. BOARD OF COUNT'! COFOqlSSIONERS COLLIER COUNTY, FLORIDA JAN O g 2001 EXECUTIVE SUMMARY V-2000-24, MICHAEL AND LORRAINE LAPLATTE REQUESTING AN AFTER-THE- FACT VARIANCE OF 25.6 FEET FROM THE REQUIRED 30-FOOT SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE TO 4.4 FEET FOR PROPERTY LOCATED AT 5075 TAMARIND RIDGE DRIVE, FURTHER DESCRIBED AS THE EAST 180 FEET OF TRACT 84, GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests an after-the-fact variance of 25.6 feet from the required 30-foot side yard setback for an accessory structure to 4.4 feet to allow a garage to remain on a single family lot. CONSIDERATIONS: The petitioner wishes to obtain a building permit for repairs made to the shed/detached garage. The petitioner purchased the property in 1999 and made repairs to the structure in question. Code Enforcement determined that the repairs required a building permit, however, since the structure encroaches into the side yard setback, the building permit could not be issued before a variance was obtained. The structure was constructed in 1978 when the property consisted of 5 acres. In the mid 1980's, the property was split into two parcels (both of legal size). However, the split created the encroachment of the structure. (Tracts may be split one time without review by the Community Development Division.) A house was built on the adjacent "new" lot in 1996. The property owner directly across the street called and had no objection. The adjacent (most affected) property owner testified at the Collier County Planning Commission meeting that she had no objection to the encroachment. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. JAN 0 9 2001 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its December 7, 2000 meeting. Stating that the encroachment was caused by the previous owner, and heating testimony that the property owner was not advised of the problem by the lender or title company during the sale, the CCPC voted 8 to 0 to forward petition V-2000-24 to the BZA with a recommendation of approval. There is no land-related hardship, however, that is ameliorated by the fact that the structure has been in its present location for 22 years. Therefore, Planning Services staff recommended that the CCPC forward Petition V-2000-24 to the BZA with a recommendation of approval. 2 AGENDA ITEM JAN 0 9 2001 pg: ~ ~.__.. PREPARED BY: PRINCIPAL PLANNER CURRENT PLANNING MANAGER DATE DATE PLANNING SERVICES DIRECTOR DATE APPROVED BY: d.C%.~t,--~- ~'2 ~2~~ -~c ' JOIqN M. DUNNUCK, Ill DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-24 3 JAN 0 9 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 13, 2000 SUBJECT: PETITION V-2000-24 AGENT/APPLICANT: OWNER: Michael & Lorraine LaPlatte 5075 Tamarind Ridge Drive Naples, FL 34119 REQUESTED ACTION: The petitioner requests an after-the-fact variance of 25.6 feet from the required 30-foot side yard setback for an accessory structure to 4.4 feet to allow a garage to remain on a single family lot. GEOGRAPHIC LOCATION: The subject property is located at 5075 Tamarind Ridge Drive, also described as the east 180 feet of Tract 84, Golden Gate Estates, Unit 32. JAN 0 9 200l , L , l ! 'l PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to obtain a building permit for repairs made to the shed/detached garage. The petitioner purchased the property in 1999 and made repairs to the structure in question. Code Enforcement determined that the repairs required a building permit, however, since the structure encroaches into the side yard setback, the building permit could not be issued before a variance was obtained. The structure was constructed in 1978 when the property consisted of 5 acres. In the mid 1980's, the property was split into two parcels (both of legal size). However, the split created the encroachment of the structure. (Tracts may be split one time without review by the Community Development Division.) A house was built on the adjacent "new" lot in 1996. SURROUNDING LAND USE AND ZONING: Subject: Single family home; zoned E Surrounding: North - East - South - West - Single family home; zoned E Single family home; zoned E Tamarind Ridge Drive ROW Single family home; zoned E 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. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infi'astmcture, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines ~ ':':~ -~lI. Ja JAN 0 9 200l assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. When the structure was constructed, it met setbacks. The splitting of the Tract by a previous owner caused the encroachment. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes, the actions of the previous owner caused the previously conforming structure to become nonconforming. Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The structure could be reconfigured to fit on the lot. This, however, would create a financial hardship for the property owner. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the !and, building or structure and which promote standards of health, safety and welfare? No. The existing house is a reasonable use of the land. However, the requested variance will be the minimum required to obtain a building permit to repair the 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 side yard than that which would be permitted for a similar lot in the Estates zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? ~ I~r.M JAN 0 9 2001 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. However, the structure has been in this location for 22 years. ge 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 neighbor to the west purchased the property with the knowledge of the subject structure in its current location. he 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. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land-related hardship, however, that is ameliorated by the fact that the structure has been in its present location for 22 years. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000-24 to the BZA with a recommendation of approval. 4 JAN 0 9 2001 F~LE~ISCHL, AICP SE~ PLANNER ~ ~. -~o, ~cP C~NT PLY6 ~A6ER PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: ADMINISTRATOR DEVELOPMENT & DATE ENVIRONMENTAL SERVICES Petition Number: V-2000-24 5 JAN 0 ~ 20(~1 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) ~'V 00-24 Petition No. Commission District: Date Petition Receivei Planner Assigned: I ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Telephone: 261- IZ~ Z Agent's Name: /~.~ Agent's Address: Telephone: Application for Variance Petition - 8/98 Page 1 8 JAN09 2001 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: ~'~/,e'/.,~ ~'*/z ~'~te~ Unit Section Twp. Range g'/g:v ~7-,~ ~'~/ Lot (s) Block (s) Property I.D. Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 o! JAN 0 9 2001 Address of Subject Property: ,5"-~ 7C 7--a~/..~' /~-~. c f~/-. (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: ~, ~'5'~a.A;j.,/~ ~,a/r_..~6~/ Adjacent Zoning & Land Use: ZONING LAND USE N ,., C~¢ W f~ Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [--] No [] Side: Waterfront Lot: Yes ["-] No [~ Rear: Application for Variance Petition - 8/98 Page 3 of JAN 0 9 200f Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; When existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Application for Variance Petition - 8/98 Page 4 of 8 JAN 0 9 2001 '4' Please note that staff and the Collier County Planning Commission shall be guided m their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or buffcLing involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Page 5 of t, J, N 0 9 200f 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. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 of A rrEM JAN 0. 9 200l RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 24, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 25.6-foot after-the-fact variance from the required side yard setback of 30 feet to 4.4 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-24 filed by Michael and Lorraine LaPlatte, with respect to the property hereinafter described as: The east 180 feet of Tract 84, Golden Gate Estates Unit 32, as recorded in Plat Book 7, Pages 21 through 22 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 25.6-foot after-the-fact variance from the required side yard setback of 30 feet to 4.4 feet as shown on the attached plot plan, Exhibit "A", of the "E" Estates Zoning District wherein said property 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. -1- JI N 0 9 ?.0111 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 Lafid Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-24 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAIRMAN, BOARD OF COUNTY COMMISSIONERS Approved as to Form and Legal Sufficiency: Marjorie ~1. Student Assistant County Attorney G:/V-2000-24/FPJcw -2- AGENDA ITEM JAN 0 9 001 I ~~! OF BOUNDARY SURVEY ~ FOR CONSTRUCTION mNOT FOR DESIGN $TI~7£T .507~ ~AIM~IHD RiJ~E J~' TAIL 'A ' ;CALE I' - 30' LEGAL DBSCR[PTION : I I I I I .3~*r t~u CERTIFIED TO : £. HICHAEL LoP[ATTE MD L~RRAIHE ~'.' Lo~ATT~ FIRST ~TI~VI~ ~T~ C~ATI~ ITS S~CE~$~$ ~DI~ A$$1~. C~RTIFICATION : I CERTIFY THAT THIS ~R~Y WAS MADE UNDER MY DIREC~ AND ~AT IT ME[~ 1HE MINIMUM 1ECHNICAL STANDARDS SET F~TH BY ~[ BOAR0 ~ PR~S~AL LAND ~R~YO~ AND MAPPERS IN CHAPTER 61G17-6, FL~IOA AOMINIS~A~ 5~..ALE 1' . GRAPHIC SCALE FLOOD ZONE : X COMMUNITY PANEL lEOO67-O4BSd DA'IT_.D : 6-3-86 (FLOOD ZONE : "B','C','D', & 'x" ARE NOT IN OI[SIGNATED FLOO0 HAZARD ZONE AREA.) IN CC~PLIANCr WITH &IGI7-G. D03! C5) (E) CIF L~ATI~ EA~NT$ ~ RI~T-~-VAY ~1~ THIS !~TI~ CLINTON 'W. FINSTAD, P[.,S #245R JEFF'RY H. HILUOOS~, PI.~ KENNETH w. SMITH, PSM 15744,~ STEPHEN MACDONAU), P[~R 14001 LELAND £ BED~]/. PSM /5,884 C. 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