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Agenda 02/13/2001 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 13, 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 IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Harold Brown, Lely Presbyterian Church I February 13, 2001 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. January 9, 2001 - Regular Meeting B. January 16, 2001 - Workshop C. January 23, 2001 - Regular Meeting ~ . 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS Five Year Attendees: 1. Guy Spieth, EMS 2. Anna Parrish, Pollution Control 3. Amy Taylor, Planning Services Ten Year Attendee: 4. Virginia Miller, Solid Waste · Fifteen Year Attendee:-. 5. Gregory Tavernier, Water Distribution Twenty-Five Year Attendee: 6. Nery Anderson, Building Review C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT 2 February 13, 2001 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) Recommendation that the Board of County Commissioners approve by Resolution, the Activity Center #9 Interchange Master Plan to provide landscape, architectural design and transportation access criteria for the development of a zoning overlay and amendments to the Land Development Code. Report to the Board of County Commissioners on a proposed timetable and work plan outline for an update of the Golden Gate Area Master Plan (GGMP). This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition ST-99-3 Coastal Engineering representing Keystone Homes requesting a Special Treatment Permit to allow construction of residential single family lots, streets and associated infrastructure on a portion of the property with a special treatment (ST) overlay (ST Parcel 23A) located within the proposed Little Palm Island Subdivision in Section 23, Township 48 South, Range 25 East, Collier County, Florida. B. TRANSPORTATION SERVICES 1) Request approval to engage design/build contractor for a new bridge and approaches at Thirteenth Street SW over the Golden Gate Main Canal. C. PUBLIC UTILITIES 1) Approve amendment to Professional Services Agreement related relocating the proposed site for Aquifer Storage and Recovery Reclaimed Water, RFP 99-2926, Project 74030. to D. PUBLIC SERVICES E. SUPPORT SERVICES 1) Approval and ratification of contract between the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. 3 February 13, 2001 F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY 1) Approval of a $535,000 State Fast Track Grant to construct a Cargo Processing Facility and U.S. Customs Office at the Immokalee Regional Airport. COUNTY A'I~'ORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Appointment of member to the Collier County Code Enforcement Board. C. THIS ITEM TO BE HEARD AT 1:00 P.M. Discussion regarding a previous Board direction to submit a joint application for a beach facility at Barefoot Beach Preserve. (Requested by Commissioner Mac'Kie and Commissioner Carter) D. Discussion regarding funding for public school nurses. (Commissioner Carter) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 1) THIS ITEM WAS CONTINUED FROM THE JANUARY 23~ 2001 MEETING AND HAS BEEN FURTHER CONTINUED TO THE FEBRUARY 27~ 2001 MEETING. Recommendation that the Community Redevelopment Agency Board review the proposal received for the Gateway "Mini Triangle" Redevelopment Project; direct staff to begin negotiating a Development Agreement; and accept the Naples Gateway Apex Triangle Property Owners' Association request to return in 180 days (6 months) with an alternative development plan for the "Mini Triangle" for the Board to consider. 4 February 13, 2001 C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE JANUARY 23~ 2001 MEETING AND IS FURTHER CONTINUED TO THE MARCH 13~ 2001 MEETING. Petition PUD-00-16, Robert Duane of Hole, Montes and Associates, representing Ralph Aberica, requesting a fezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Collier Boulevard Mixed use Commerce Center PUD allowing for residential, commercial retail and office land uses for property located on the northwest quadrant of the intersection of 1-75 and Collier Boulevard (CR 951) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. C. OTHER 1) Adoption of an Ordinance creating the Collier County Coastal Advisory Committee. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) THIS ITEM CONTINUED FROM THE JANUARY 23, 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V-2000-26, 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 4, 5, 6 and 7; 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 95th Avenue North, further described as Lots 3, 4, 5, 6 and 7, Naples Park Unit 3, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. 2) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition V-2000-31, David and February 13,2001 Cheryl Surgeon requesting an after-the-fact variance 1.4 feet from the required 5 foot rear yard setback for accessory structures to 3.6 feet for property located at 2925 Coco Lakes Drive, further described as Lots 45 and 46, Coco Lakes, in Section 23, Township 49 South, Range 25 East, Collier County, Florida. 3) THIS ITEM IS TO BE HEARD AT 10:00 A.M. THIS ITEM CONTINUED FROM THE JANUARY 23, 2001 MEETING. BACK-UP DOCUMENTATION FOR THIS ITEM CAN BE VIEWED IN THE PLANNING SERVICES DEPARTMENT AT THE DEVELOPMENT SERVICES BUILDING AT 2800 N. HORSESHOE DRIVE AND CLERK OF COURTS~ MINUTES AND RECORDS DEPARTMENT~ 4TM FLOOR OF THE HARMON TURNER BUILDING~ 3301 E. TAMIAMI TRAIL. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition A-2000-23, Anthony P. Pires, Jr., requesting an appeal of the Collier County Planning Commission's approval of boat dock extension BD-2000-20, approved on November 2, 2000 for property located at 372 Oak Avenue, further described as Lot 9, Block 1, Conner's Vanderbilt Beach Estates Unit 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 4) THIS ITEM IS TO BE HEARD IMMEDIATELY FOLLOWING 13 A 3. THIS ITEM CONTINUED FROM THE JANUARY 23, 2001 MEETING. BACK-UP DOCUMENTATION FOR THIS ITEM CAN BE VIEWED IN THE PLANNING SERVICES DEPARTMENT AT THE DEVELOPMENT SERVICES BUILDING AT 14. 15. 2800 N. HORSESHOE DRIVE AND CLERK OF COURTS= MINUTES AND RECORDS DEPARTMENT~ 4 TM FLOOR OF THE HARMON TURNER BUILDING~ 3301 E. TAMIAMI TRAIL. This item requires that all p..articipant.s be' sworn in and ex parte disclosure be provided by Commission members. Petition A-2000-02, Anthony P. Pires, Jr., requesting an appeal of the Collier County Planning Commission's approval of a boat dock extension BD-2000-23, approved on October 19, 2000 for property located at 9207 Vanderbilt Drive, further described as Lots 5 and 6, Conners Vanderbilt Beach Estates Unit 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 6 February 13, 2001 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners adopt a Resolution to correct the boundaries of the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Redevelopment Area due to a Scrivener's Error. 2) Request to approve for recording the Final Plat of "Island Walk Phase Five B", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 3) Waive purchasing policy and approve a secondary contract with Columbia Telecommunications Consultants for Institutional Network Planning and Implementation Management in an amount not to exceed $50,000.00 and the Chairman be authorized to sign the Standard County Attorney Approved Agreement on behalf of the Board. 4) Petition VAC 00-022 to vacate, renounce, and disclaim easements recorded in separate instruments in the Public Records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. 5) Petition Carny-2001-AR #306, Sandra Ramos, of the Collier County Immokalee Parks and Recreation Department, requesting a permit to conduct a carnival from February 15 through 18, 2001, on the property adjacent to the Immokalee Airport Park, 520 Airways Road. 6) Petition Carny-2001-AR #298, Mr. Ken Ellis, Executive Director of the Golden Gate Area Chamber of Commerce, requesting permit to conduct a carnival from February 23, 24 and 25, 2001 at the Golden Gate Community Center, 4701 Golden Gate Parkway. 7) Recommendation that the Board of County Commissioners approve a Budget Amendment to recognize the annual appropriation of the tax increment revenues to the Redevelopment Trust Fund and approve the Revenues to the appropriate expense categories. 8) Approve an Interlocal Agreement with the City of Naples for fund sharing towards construction of artificial reefs. 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Strand". 10) Final acceptance of Sewer Utility Facilities for Walker Industrial Building. 7 February 13, 2001 Code Enforcement Lien Resolution approvals. B. TRANSPORTATION SERVICES 1) Adopt a Resolution authorizing the Acquisition of Land by Condemnation of Fee Simple Title Interests and/or perpetual, non-exclusive road right-of- way, sidewalk, slope, utility, drainage, maintenance, and/or temporary construction interests by easement for the construction of the six-laning roadway improvements for Livingston Road Project between Golden Gate Parkway and Pine Ridge Road Project, CIE No. 52. 2) Approve a permit for a block party to be sponsored by the Immokalee Chamber of Commerce and to be located along Main Sffeet (SR 29) in Immokalee. 3) Approve a Budget Amendment recognizing carry forward amounts from FY00 for the Transportation Services Road and Bridge Fund. 4) Approve a Budget Amendment for purchase of a bucket truck for the Traffic Operations Section. 5) 6) Award Work Order No. WD-008 to Kyle Construction Inc., for SR-29 Canal Culvert Upgrade (Project No. 31701). Approve Contract Amendment No. 1 for Professional Engineering Services by Wilson Miller for Santa Barbara/Logan Boulevard six-laning from Radio Road to Pine Ridge Road, Project No. 62081. C. PUBLIC UTILITIES 1) Approve appropriations of expenditures based on recognized additional revenues received in Solid Waste Fund. 2) 3) 4) Amend Professional Services Agreement for design and implementation of 30-inch parallel sewer force main on Immokalee Road, Contract 98-2790, Project 73943. Approve Work Order for Engineering Services to relocate utilities in conjunction with U.S. 41 road widening from Rattlesnake Hammock Road to Barefoot Williams Road, Projects 70045 and 73045. Accept the temporary construction easement from Maplewood Homeowners' Association, Inc., for construction of a 20-inch reclaimed water main project. 8 February ! 3, 2001 5) 6) 7) Award s Contract to Stevens and Layton, Inc., to construct a 16" Water Main on Radio Road from Santa Barbara Boulevard to CR 951, Bid 00-3183, Project 70029. Approve funding for lawsuit against Boyle Engineering Corporation for claims arising from the design and construction of the original North County Regional Water Treatment Plant, Project 70002. Approve Work Order Number TB-FT-01-02 with Tampa Bay Engineering for West Winds System Rehabilitation Design. D. PUBLIC SERVICES 1) Enter into an agreement with the Collier County School Board for Recreational Camp Field Trip Transportation. 2) Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 3) Approve the Master Agreement relating to Services for Seniors' Grant Programs and authorize the Chairman to sign the master agreement 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. 4) 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. 5) Award a contract for Bid No. 00-3177, Transport and Placement of Beach Compatible Sand to Soil Tech Distributors of Naples, Inc. SUPPORT SERVICES 1) Approve contracts with Qualified Engineering Firms for RFP "Annual Contract for Traffic Engineering Consulting Services". 00-3115 9 February 13, 2001 2) 3) 4) S) Approval to Award Bid #00-3169 to Shamrock Plumbing Inc., as primary and Acres and Son Plumbing as secondary provider for on-call plumbing equipment repair and maintenance. Approve staff's short list for architectural services for the Courthouse Annex, Parking Garage and Chilled Water Plant, RFP #00-3173. To re-appropriate $50,000.00 previously approved and budgeted in Fiscal Year 2000 from the GAC Land Trust for the design of a Fire Control and Rescue Station to be located within Golden Gate Estates. Recommendation to Award Bid #00-3170 to Lehigh Safety Shoe Company, Iron Age Corporation, Vic's Shoe Repair (Redwing Vendor) and Total Fire Group (Warrington Vendor) for the purchase of protective footwear. F. EMERGENCY SERVICES 1) Award RFP #00-3187 "Design Support Services for New Collier County Emergency Services Complex" to Harvard Jolly Clees Toppe Architects with Scharf and Associates and authorize staff to proceed with design activities. 2) To expand capabilities of the current cardiac monitors by purchasing non- invasive blood pressure and end tidal C02 detector from Medtronic Physio- Control. G. COUNTY MANAGER 1) Approval of Budget Amendment Report- Budget Amendment #01-121; #01-122; #01-135. H. AIRPORT AUTHORITY 1) Immokalee Regional Airport extension of temporary use permit for Immokalee Regional Raceway. 2) Establish the project budget for design and construction of Industrial Park Infrastructure Improvements at the Immokalee Regional Airport. IO February 13, 2001 I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY A~!'ORNEY 1) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 362 in the Lawsuit Entitled Collier County v. Tony Guarino, III, et al, (Golden Gate Boulevard Project No. 63041). 2) Approve the Agreed Order Awarding Expert Fees, Attorney's Fees and Costs as to Parcel 108 in the Lawsuit Entitled Collier County v. Jose L. Rey, et al, Case No. 99-3683-CA (Golden Gate Boulevard, Project No.- 63041). 3) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 107-T in the Lawsuit Entitled Collier County v. John B. Fassett, Trustee, et al, (Livingston Road Project No. 65041). 4) Recommendation that the Board of County Commissioners approve the Settlement in Duncan v. Collier County, Cases No. 99-1843-CA-HDH, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice, said $150,000 settlement was arrived at during settlement negotiations. 5) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance s qualifying apartment project. 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. il February13,2001 A. Approve repeal of Collier County Ordinance 74-3 establishing the Golden Gate Fire Control District Municipal Service Taxing Unit in its entirety. B. Approve repeal of Collier County Ordinance 75-9 that called for a Referendum to establish the Collier County Fire Control District One in its entirety. Cg Petition R-2000-07 D. Wayne Arnold, AICP of Q. Grady Minor and Associates representing Hospice of Naples, Inc., requesting a rezone from its current zoning classifications of "A" Rural Agricultural and RMF-6 Residential Multi- Family to "CF" Community Facility District. The subject 10.71 acres property consists of two developed parcels, one with the current hospice facilities and the other one with a single family residence. The subject property is located on Whippoorwill Lane (1095 and 1205) off Pine Ridge Road in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Recommendation to approve Commercial Excavation Permit No. 59.755 "Longan Lakes Two Commercial Excavation" located in SeCtion 25, Township 47 South, Range 27 East: Bounded on the North by Immokalee Road, on the South by vacant land zoned Agricultural, on the West by occupied land zoned Agricultural/mobile home overlay, and on the East by the Main Golden Gate Canal and then sparsely populated land zoned estates. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 February 13, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 13, 2001 ADD: ITEM 5{A)1: Literacy Week In Collier County Proclamation (Commissioner Carter request.) CHANGE: ITEM 13(A)3: Item should read: Petition A-2000-03. DELETE: ITEM 17 A: Approve repeal of Collier County Ordinance 74-3 establishing the Golden Gate Fire Control District Municipal Service Taxing Unit in its entirety. (This item to be heard at February 27, 2001 meeting to meet advertising requirements. Staff request.) DELETE: Item 17 B: Approve repeal of Collier County Ordinance 75-9 that called for a Referendum to establish the Collier County Fire Control District One in its entirety. (This item to be heard at February 27, 2001 meeting to meet advertising requirements. Staff request.) MOVE: ITEM 16(B)1 TO 8(B)2: Adopt a Resolution authorizing the Acquisition of Land by Condemnation of Fee Simple Title Interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, and/or temporary construction interests by easement for the construction of the six-laning roadway improvements for Livingston Road Project between Golden Gate Parkway and Pine Ridge Road Project, ClE No. 52. (Staff request.) /'-" EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE BY RESOLUTION, THE ACTIVITY CENTER //9 INTERCHANGE MASTER PLAN TO PROVIDE LANDSCAPE, ARCHITECHURAL DESIGN AND TRANSPORTATION ACCESS CRITERIA FOR THE DEVELOPMENT OF A ZONING OVERLAY AND AMENDMENTS TO THE LAND DEVELOPMENT CODE OBJECTIVE: Adoption of this Resolution will further the efforts to enhance the 1-75 Interchange at Collier Boulevard and State Road 84 as a gateway to Naples. This resolution to approve the Activity Center #9 Interchange Master Plan will allow the development of zoning overlay and appropriate Land Development Code amendments to include landscape, architectural design and transportation access criteria. BACKGROUND: The Board of County Commissioners (BCC) has directed that an Interchange Master Plan (IMP) be developed in coordination with the property owners within Activity Center #9 that includes land use, transportation and access management guidelines, and landscape and architectural design concepts. During the 1997 Evaluation and Appraisal Report (EAR), the BCC adopted an amendment to the Future Land Use Element of the Growth Management Plan to develop an IMP for Activity Center #9. The EAR based amendments were found in compliance by the Florida Department of Community Affairs and adopted by the BCC in May 2000 through remedial amendments to the Growth Management Plan (CPR-3). The intent of the IMP is to create an enhanced gateway to Naples for 633 acres contained within Activity Center//9. The firm of Wilson Miller prepared the IMP based on input received by transportation and planning staff and from two meetings with the property owners of Activity Center//9. On July 11, 2000 a visioning meeting was conducted for the property owners and their representatives. The purpose of the meeting was to develop a vision statement that was consistent with the Growth Management Plan and agreed upon by those property owners and their representatives who participated. The IMP' s vision statement sets forth the goals of the implementation process, land use, the transportation system, and design elements. At the February 13, 2001 BCC meeting, the firm of Wilson Miller will be prepared to give a detailed presentation of the attached IMP. CONSIDERATIONS: * Section I.B.2. of the Growth Management Plan requires the development of an IMP for Activity Center #9 The intent of the IMP as provided for in the Future Land Use Element is to create an enhanced "gateway" to Naples. AGENOA iTEM FEB 1 3 2001 The purpose of the IMP is to develop landscape, signage and architectural design concepts, as well as, transportation/land use strategies. The conceptual trm,:t3ortation access management plan for lands within Activity Center #9 will not replace the currently adopted access management plan until the access management plan is amended in the land development code. All access issues will be addressed individually and be based on site specific information at the time of application. · A vision statement to guide in the development of the Interchange Master Plan was developed through mutual agreement by participating property owners and their representatives and approved by the Board of County Commissioners on Aug~.~st 1, 2000. · A property owners meeting was held on October 11, 2000 wherein the property owners present reviewed and agreed upon the draft Interchange Master Plan. · Section I.B2. of the Future Land Use Element stipulates that the Interchange Master Plan shall be adopted by resolution by the Board of County Commissioners. If the resolution is approved staff purposes to apply for applicable landscape and enhancement grants through the Florida Department of Transportation. These plans will be consistent with the recommended improvements for the 1-75, SR 951 and SR 84 IMR and PD&E. FISCAL IMPACT: None at this time. If the resolution is approved and staff proceeds with implementation of the Interc-rage Master Plan a zoning overlay and land development code amendments will be developed for review and approval by the Board of County Commissioners. The entry and exit features, landscaping, directional signage, and lighting elements that occur within the public rights of way would be implemented through the County's Capital Improvement Plan. As previously scheduled roadway improvements are initiated, staff will identify available funding sources to include general revenues and roadway revenues as well as other applicable funding sources such as the Florida Highway Beautification Grant Program and the Florida Department of Transportation Enhancement Program. GROWTH MANAGEMENT IMPACT: Approval of this resolution will implement Section I.B.2 of the Future Land Use Element of the Growth Management Plan. CCPC RECOMMENDATION: The CCPC reviewed the item on January 18, 2001. A copy of the Staff Report to the Collier County Planning Commission is attached (Attachment A). The recommendation of the CCPC was to approve the Activity Center #9 Interchange Master Plan, 8-0 ENVIRONMENTAL ISSUES: Not Applicable -2- imm AGENDA ITEM ~ FEB 1 3 2001 HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: Staff recommends that the Board of County Commissioners review the Activity Center/49 Interchange Activity Center and adopt the proposed resolution. PREPARED BY: AMY K. TgYLOR, AIC~ PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION January 31, 2001 DATE -3- AGENDA FEB 1 3 REVIEWED BY: ~E ,ZAI~ COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: BO[~ I~(4~HERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR ./- DATE '" ,'-:/,'; / ' ", ,N:' /"' ( ~- ; ,' · ,.' ' ,~ _ -.~.~' 1 NORMAN ~ ADMINISTRATOR TRANSgTATION SERVICES DIVISION APPROVED BY: ~NE~IM ADMINISTRATOR COMMU~IITY DEV. AND ENVIRONMENT Am SERVICES DATE DATE 3 AGENDA ITEM 3~' NO.__ FEB 1 3 2001 AGENDA ITEM 7-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION January 5, 2001 ACTIVITY CENTER $$9 INTERCHANGE MASTER PLAN (IMP) REQUESTED ACTION: To review the Activity Center $$9 Interchange Master Plan (IMP) for consistency with the Collier County Growth Management Plan and forward comments to the Collier County Board of County Commissioners (BCC). LOCATION 633 acres located around or adjacent to the 1-75 interchange at Collier Boulevard (CR951) and Davis Boulevard (SR 84). See attached IMP for location maps. BACKGROUND During the 1997 Evaluation and Appraisal Report (EAR), the Board of County Commissioners (BCC) adopted an amendment to the Future Land Use Element of the Growth Management Plan to develop an IMP for Activity Center #9. The EAR based amendments were found in compliance by the Florida Department of Community Affairs and adopted by the BCC in May 2000 through remedial amendments to the Growth Management Plan (CPR-3). The intent of the IMP is to create an enhanced gateway to Naples for 633 acres contained within Activity Center #9. The firm of WiLson Mil/er prepared the IMP based on input received by transportation and planning staff and from two meetings with the property owners of Activity Center #9. On July 11, 2000 a visioning meeting was conducted for the property owners and their representatives. The purpose of the meeting was to develop a vision statement that was consistent '~th the Growth Management Plan and agreed upon by those property owners and their representatives who participated. The IMP' s vision statement sets forth the goals of the implementation process, land use, the transportation system, and design elements. Components of the Activity Center #9 Interchange Master Plan include land use, transportation and access, landscaping and buffering, signage, and architectural design. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend the attached r Activity Center $$9 Interchange Master Plan to the Board of County Corem approval and find the plan in conformity with the County's Growth Management 1 .~solution fc, r · AGENOAITEM 3~ ss on r az__ ( ?lan. FEB 1 It 2001 PREPARED BY: PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION DATE [anuary 5, 2001 REVIEWED BY: ST INGER, AICP COMPREHENSIVE PLANNING MANAGER DATE PLANNING SERVICES DEPARTMENT DIRECTOR OH ONNOC " INTF, dRIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DIVISION DATE COLLIER : GARY' 2 FEB ~3 2001 !:,8.- ~:> Activity Center Interchange Master Plan Final pared for: Collier County Government FEB 13 2001 pg. /~ Nov Prepared by: Wil~nMiller Activity Center #9 Interchange Master Plan 1 Introduction 2wVision Statement 4 5 Appendix A Appendix B ,-. Design Development Land Use & Transportation Implementation Strategies FSUTMS Model Plots Signalized Intersection Analyses Arterial Analyses Pr(,l*:cl Leadership B(~ard ,ff County (~mm~is~ioncts James D. Carter, Ph.D., Vive Chairman Bad)ava B. BetO Pmncla S. Da~ ~ Brandi Collier C,mnt~ Staff Review Team R(m Nino, A1CP, Current Pkmning Ra~ Bcllox~ s. AIC~ C~mnt Pkmnin~ [rcnc $zm~,rlin~kL A~. C, mlpmhcnshc P~nnin~ N,mcx ximc,n, RlaX, Currein PlatminE Ld K.mt, RE.. ~[ransp(,r~ati, m Scrx ices ( ;.t~ in J,mes, RE., AICI5 N.tpk~ [').t~ ~,1 ~k cows, AICE C,m~prchc~tsive Planni~ Nm~ [.t~ l,)r, A1CP, Comp~'hcnskc Plannin~ ~t.lll l.itsin~cr, AIC[~ Compn'hcnsi~c Pkmnin~ Pr(,pcrt? t,')x~ Ilcrs ,uld Rcprt_'*,clll.ltlx cs Jim R.ath, loll~atc Pt D, ~upcr ~ M,,tcl Ralph and Bom~ic Nha~, NX hitc I.akc P[ D, IlldiN idual h,I Dxx~ht Nadadcau, Rcprcscnt;~lixe Don Pick~orth, Rcprcscmathc Pal Papmcau, To~atc PUD R()bc~ Dthmc, RepresentarNo BrtK'c Andera(m, Rcptc~n~-c Art ~nnox, Mobil Gas Sialion Steve Miller, ,~x~ C~n Station Ca{h5 Dai13, McDonalds Mall IJ)ia~no. ~hitc Dt~ PUD Margaret }Lmblidg~, Golden Gate C()mmcrcc Park Robert ~mith, Alligator A~') PUD Linda Mamzal~)wski, {ndustfial Zoned Parcel B~an Nlil~ Rc~m~enmtixc Carx Black, Crac~r Barrel l'illl Ha~cot:L Rcprtmcntati~ e Stephen qposat,), Rcprt'~cnt:mx t FEB 13 2001 I Introduction ~2~Vision Statement 3--Design Development 4--Land Use & Transportation ~; ....Implementation Strategies Appendix A FSUTMS Model Plots Appendix B Signalized Intersection Analyses Arterial Analyses WilsdnMi!ler FEB 13 2001 Section 1 ,, Introduction BACKGROUNO In the past decade, Collier County has placed greater emphasis on improving its aesthetic appearance. In 1996, the Board of County Commissioners (BCC) adopted architectural guidelines that require all commercial development to build to higher standards that represent the quality of the community. During the 1997 Evaluation Appraisal Report (EAR) Growth Management Plan (GMP) amendments, the BCC adopted an amendment that will further the efforts to improve the appearance of Collier County. The County expects to achieve this by developing an Interchange Master Plan (IMP) that will create a "gateway" into the greater Naples area at Activity Center #9, which is located at the intersection of 1-75 and Collier Boulevard. The GMP amendment specifically says: "The IMP is intended to create an enhanced '~ateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center #9. The Interchange Master Plan shaft be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. Subsequent to the development of the vision statement, new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in/nterchange Activity Center #9 shall include the fu// array of commercial uses; residential and non-residential uses; institutional uses; Activity Center #9 interchange Master Plan ('IMP) November2000 Section 1, Page 1 Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The ent/re Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for and of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center #9. The factors to consider during review of a fezone petition shall be compliance with the vision statement and those included in the Mixed Use Activity Center." STUDY PARAMETERS Subsequent to adopting the Activity Center #9 GMP amend~nent, the BCC established the study parameters for the 1ME The components required in the IMP include the following: · Land Use--amount, type, and location of land uses · Transportation and Access---traffic generation volume and characteristics of uses; shared access; frontage roads; restricted, or prohibited access · Landscaping/Buffers--requirements for unified landscape theme to enhance the "gateway" image · Signage--development of unified signage plan for the interchange · Architecture--specific architectural standards for buildings · Map(s)---access features/restrictions/ requirements: possible locations of shared access, frontage or reverse frontage roads, bypass roads; location of required buffer areas; other components listed above as may be annrn.nr!~t'" FEB 13 2001 WilsonMiller Section lmlntroduction The BCC also established that the IMP provisions shall apply to properties that are zoned but undeveloped. Provisions shall be implemented in the Land Development Code (LDC) as a zoning overlay. STUDY PURPOSE The purpose of the IMP is to develop landscape, signage, and architectural design concepts that will create an enhanced gateway into Collier County. In addition, the IMP is also intended to develop transportation/land use strategies and conceptual transportation system improvements, including an updated Access Management Plan for lands within Activity Center #9. Figure 1-1 presents the IMP study area. Opportunities and Constraints As presented in Figure 1-2 on the following page, design opportunities and constraints were identified throughout Activity Center #9. The opportunities represent the existing conditions that will afford the greatest possibilities to achieve the defined objectives. The constraints are those existing conditions that may hinder the ability to achieve the defined objectives. The general design opportunities for the Activity Center #9 are as follows: · The exit #15 interchange offers landscaping opportunities · Existing right-of-way can accommodate design elements and pedestrian activity ,, Lakes and natural preserves create pleasant vistas for motorists · The area has adequate undeveloped property that will comply with the IMP · The existing hotels and restaurants create an active environment The general overall constraints for the Activity Center #9 are as follows: · Existing and approved developments may impede a cohesive design concept in certain locations · Multilane roadways and busy intersections complicate pedestrian movement ig_ure 1-1 Act~wty Center #9 Interchange Master Plan (IMP) Novem~er2000 Sechon 1, Page 2 ACTIVITY CENTER FEB 1,t 2001 inMiller Section I Introduction FutureTransportation Improvements Additional opportunities and constraints will be realized with the construction of future transportation improvements within Activity Center #9. The SR-84 Corridor Study recently completed for the FDOT recommended improving SR-84 to a multilane configuration along the existing alignment instead of realigning the corridor eastward to intersect with CR-951 one mile south of the current intersection. During the course of the study, it was determined that regardless of the alignment, the existing SR-84/CR-951 intersection would have to be grade separated due to the significant influence (and vicinity) of the 1-75 interchange coupled with the activity center development. Widening alo ',g the existing alignment was found to be more cost- effective and have fewer environmenta~ impacts. A Preliminary Development and Environmental (PD&E) study is underway to determine the appropriate grade separation concept for the intersection As a result of what likely is to be a staging of improvements (first a multdaning of SR-84 followed by a grade separation improvement), special access management considera .ms will be needed. The Access Management Plan recommended in Section 4---Lan.'f L/s~. .~ Transportation will need to be updated in accordance with future roadway improvements, specifically the grade sep;:;Fation improvements. Achvify Center #9 Interchange Master Plan (IMP) November 2000 Section 1, Pa~e 4 FEB 13 2¢01 IsPnMiller o 0 0 ~ 7 o z F~.S 13 2001 I,, Introduction 2--Vision State~nent 3 Design Development 4 Land Use & Transportation - 5 ,r-~ ~'fr~l' ~ ,~'/-// FEB 13 2001 Section 2iV/sion Statement DEVELOPING THE VISION On July 11, 2000 a vision/rig meeting was conducted for the individuals who own property within the boundaries of Activity Center #9. During that meeting, the participating property owners and/or their representatives came to a consensus on a Vision Statement. This Vision Statement sets forth the goals of the implementation process, land use, the transportation system, and design elements. The BCC endorsed the Vision Statement at its August 1, 2000 meeting. Vision Statement Activity Center #9 will be a "Gateway" into Collier County. It will be a destination for residents, and the traveler~ choice place to stop along 1-75 and Collier Boulevard. Both residents and travelers will be able to appreciate the essential quality of Collier County m this 633-acre Activity Center. employment centers, retail and service commercial, hotel/motel, community facilities, and residential development, A maximum of 55 percent of the total acreage may be devoted to retail commercial land uses. Transportation System/A ccess Primary access shall be provided by access roads generally controlled by traffic signals at arterial intersections. Direct access from development sites to the arterial road network shall be restricted to minor secor~d~ty connections. Each quadrant of the activity center shall provide for internal interconnections between adjacent land uses. This will facilitate convenient and safe internal vehicular and pedestrian movements without affecting the extemal roadway network. In addition, Activity Center ¢/9 will support future transit stops. Implementation All rezones within Activity Center ¢¢9 shall be consistent with this Vision Statement. An IMP shall be developed to further define the intent of this Vision Statement, and shall be adopted by the BCC by resolution. Subsequent to the adoption of the IMP, an Activity Center #9 zoning overlay district shall be adopted in the Land Development Code. The Design Elements Collier County has many exemplary characteristics--it is known for its beaches, golf courses, and the Everglades. Residents enjoy the opportunity to live, work, and play in beautiful rural areas and v/brant urban settings. Activity Center #9 is located on the urban edge of Collier County; therefore, emphasis will be placed on complementary design themes that reflect the influences such as the Everglades, rural areas, and Old Florida. Properties within Activity Center #9 shall be developed or redeveloped in accordance with one or more of the design themes defined in the IMR The design themes shaft be incorporated into the. landscape, architecture, signage, gateway features, and roadway lighting design. Figure 2-1 iljustrates how all of these themes of the vision statement may be incorporated into Act future design. Land Use Activity Center #9 shall be developed with a mix of uses that will serve residents and travelers. The mix of land uses shall be designed to complement the intensity of the intersection while providing the appropriate transitions to the nearby residential communities. Land uses shall be located in a manner that will enhance the overall appearance and function of the activity center. Land uses may include a mixture of office/business centers, light industrial Activity Center ~9 Interchange Master Plan (IMP) Novemt;~r 2000 Section 2. Page 1 ~E8 13 2001 I Introduction 2--Vision Statement 3 Design Development ~ 4---Land Use & Transportation ;.ion Analyses .... . FE~ 1,t 2001 Section 2 Design Development DESIGN DEVELOPMENT The design of Activity Center #9 is defined using character themes that shall be represented through these elements: * Architecture and signage o Landscape buffers o Boundary gateways · Arterial roadway elements Architecture and Signage As stated in the Vision Statement, three complementary character themes shall be used in the architecture and signage elements throughout Activity Center #9. The three character themes include the following: · Everglades · Rural · Old Florida The Everglades Character In the Everglades, architectural structures typically feature function first-- aesthetics are secondary. Designs in the Everglades reflect a pioneering spirit conveyed through neutral colors with minimum detailing of building facades. Simple roof lines, deep overhangs, porches (where feasible), and clerestory windows are some of the major architectural elements that shall define the Everglades Character theme. Figure 3-1 iljustrates elements represented in the Everglades Character. Architectural structures shall exhibit colors that support the Everglades theme. As shown in Figure 3-2, muted topes found in the Everglades accented by hght values of the same color are desirable, Figure 3~2: Everglades Color Figure 3-1: Everglades Characte~ Activity Center #9 Interchange Master Plan (IMP) November2000 Section 3, Page 1 FEB 13 2001 o 14 ~lsonMiller Section 3 Design Development Old Florida Character 3-3: Rural The Rural Character Architecture in rural Collier County comprises minimum adornments, symmetrical facades, and a combination of roof types with a fair degree of articulation. Wood detailing, cupolas, and dormers are some of the major architectural elements that shall define the Rural Character theme. Figure 3-3 iljustrates elements represented in the Rural Character. Old Florida architecture is unpretentious and inviting. It is beautifully adapted to its climate and quietly enhanced. Old Florida is a synthesis of many vernacular traditions ranging from the Victorian to those of Cracker and antebellum South. Peaked tin roofs, deep roof overhangs, generous porches, and ample windows are some of the traditional vernacular features of the Old Florida theme. Figure 3-5 iljustrates elements represented in the Old Florida Character. Architectural structures shall exhibit colors that support the Rural Florida theme. As shown in Figure 3-4, soft, natural earth tones with contrasting deep hue accents are desirable. Figure 3-4: Rural Colors Acrlwty Center #9 Interchange Master Plan (IMP) November2000 Sectzon 3, Page 2 3-5: Old Florida'Character Figure 3-6: 01~ Flori~ Colors ~ /.~ / Wils FEB 13 2001 )nMiller Architectural structures shall exhibit colors to support the Old Florida theme. As shown in Figure 3-6, light or white trim colors coupled with soft, pastel tones are desirable. Section 3 Design Development Landscape Bu Two landscape [ · ~-~.r requirements shall apply to Activity C( ;er #9: * Buffers adjac,: t to major arterial roadways · Buffers not aci.,,;ent to arterial roadways Adjacent Buffers Landscape buffers adjacent to arterial roadways shall include formal plantings to create a feeling of familiarity and continuity for the visitor in Activity Center #9. Primary landscape elements shall be chosen to reduce the scale of the adjacent roadway and commercial structures and to provide pedestrian comfort. Secondary landscape elements shall include formal, orderly planting beds with highly defined edges. Subtropical trees and plants in layered arrangements will provide visitors with a well-planned garden experience. Nonadjacent Buffers Landscape buffers that are not adjacent to arterial roadways shall be consistent with the established character themes by using relaxed rhythms in planting areas. This will create a soft, natural effect that transitions from the formal pedestrian and vehicular paths. Native palms, grasses, and stands of hardwood trees with a natural progression of undergrowth shall comprise the major landscape elements within buffers. The landscaping plant palette selected for Activity Center #9 includes, but is not limited to, the following: Trees * Southern . Magnolia · Live Oak · Red Maple · Slash Pine · Dahoon Holly · Bald Cypress · White Geiger · South Florida Slash Pine Pa/ms · Cabbage Palm · Paurotis Palm · Washington Palm Accents · Cardboard Zamia Shrubs · Leather Fern · Marlberry · Myrsine · Walters Viburnum · Sweet Vibumum · Indian Hawthorn · Florida Privet · Saw Palmetto · Fakahatchee * Sh Activity Center #9 interchange Master Plan (IMP) November2000 Secbon 3, Page 3 FEB 13 2001 IsdnMiller Section 3 Design Development * Necklace Pod · Thryallis · Dwarf Fakahatchee · Sandankwa Viburnum Aquatic Plants · Leather Fern · Yellow Canna Vines · Bougainvillea · Confederate Jasmine Annuals · Egyptian Star Flower Ground Covers · Pink Muhly Grass · Swordfern · Sand Cordgrass Figure 3-7: Boundary Gateway o~ncept Boundary Gateway Features Boundary gateway features shall define the entry/exit points of Activity Center #9. They shall be located within the right-of- way at the north and south boundaries on Collier Boulevard and at the west boundary on Davis Boulevard. A major gateway feature at the intersection of Collier Boulevard and 1-75 shall introduce Activity Center #9 to motorists on 1-75 by providing the following: · Directional signs/mon~_~men. t~i!,-,n that are architectural in nature · Intensified plantings that introduce color, massing, and layering · Areas for display of local sculpture/ art elements that are intended for public display and enjoyment Each gateway feature shall be designed to complement the character themes, which will help define and implement Activity Center #9's Vision Statement. Figure 3-7 presents a conceptual design for a boundary gateway. Achvity Center #9 Interchange Master Plan (IMP) November 2000 Sechon 3, Page 4 FEB 13 2001 Section 3 Design Development Arterial Roadway Landscaping As iljustrated in Figure 3-8 on the following page, arterial roadways shall include the following: · Sidewalks along all arterials to promote pedestrian activity and to interconnect adjacent commercial buildings · Street trees for shade, appropriate scale, and to separate pedestrians from motorists * Intersections that have pigmented crosswalks and colorful plantings to aid in motorist and pedestrian recognition · Median plantings for contrast with formal street trees through chastering and layering · Median plantings should have view corridors to commercial buildings; appropriate view triangles shall be maintained at intersections Lighting and Directional Signage Special lighting fixtures shall be used along Activity Center #9's arterial roadways. The selected light fixture style shall complement all of the selected character themes. All directional signage within Activity Center #9 shall be unified and designed in a manner that is complementary to the selected character themes. Activity Center #9 Interchange Master Plan (IMP) November 2000 Section 3. Page 5 FEB 13 2001 WilsOnMiller FEB 13 2001 i~lntroduction 2--Vision Statement 3 4--Land Use & Transportation Design Development~L ~ ' ~'£B I 3' > o ~m I I FEB 13 2001 :3:,' fTI ? - ~3 2001 8 .-I Section 4--Land Use & Transportation LAND USE The BCC adopted a study parameter to develop a land use plan that identifies the type and amount of land uses. As demonstrated in Figure 4-1, the IMP accomplishes this by developing an IMP Land Use Map that recognizes the existing zoning. It is guided by the study parameters and objectives. The IMP Land Use Map is not intended to be used as a zoning map, but rather as a general indicator of desirable future land use relationships. The Activity Center #9 GMP amendment defined the following: "The uses allowed in Interchange Activity Centcr #9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park with Activity Center #9; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for and of the uses referenced, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.)." The location and configuration of the following four proposed land use designations with Activity Center #9 are delineated on the IMP Land Use Map: * Commercial--60 acres * Industrial--139 acres · Mixed-use Commercial--223 acres · Mixed-use Industrial--218 acres The following describes each land use designation including purpose, permitted uses, and intensity/density. Commercial zoning district in the LDC, institutional uses, office, and hotel/motel uses at a density consistent with the LDC. Industrial This designation is reserved primarily for industrial type uses. Intensities of use shall be consistent with the GMP Industrial District. Mixed-use Commercial This designation is intended to accommodate a mix of commercial, office, and residential uses within the activity center. Land areas appropriate for this designation include retail, office, service, and residential. Residential density is allowed consistent with the GMP Density Rating System. Hotel/motel uses are allowed at a density consistent with the LDC. Mixed-use Industrial This designation is intended to identify the land areas appropriate for light industrial, retail, office, service, and residential. Intensities of industrial uses shall be consistent with the GMP Urban- Industrial District. The full array of commercial uses are allowed consistent with the commercial zoning districts in the LDC. Hotel/motel uses are allowed at a density consistent with the LDC. Residential density is allowed consistent with the GMP--Density Rating System. TRANSPORTATION EVALUATION Overview The transportation evaluation process included an evaluation of the travel demand model simulation and,,qt.h._e.r...D.nQQ;...... This designation is intended to accommodate the full array of commercial uses as allowed in each commercial modeling transportation results. The process ider Activity Canter #9 Interchange Master Plan (IMP) NovernL)er 2000 Section4, Page I sses~I3~A,~T~ ified~qd. ~ ~ Section 4--Land Use & Transportation quantified problems/problem areas found in the evaluation. The transportation evaluation was used to assess a variety of improvements that may be recommended for consideration as part of the IMP. Certain previously identified future improvements to the transportation network were assumed, including ramp improvements to the 1-75 interchange and the construction of a grade separation at the SR-84 and CR~951 intersection. Appropriate performance measures and evaluation criteria (eg., LOS, delay, volume to capacity ratio, etc.) were used to evaluate the future conditions. The transportation evaluation process also identified and evaluated potential transportation/land use strategies and infrastructure improvements that address system problems/problem areas. It considered strategies such as non-capital operational improvements, transportation demand management (TDM), and other land use/site-related techniques that may be applicable to the activity center concept. A variety of potential transportation and land use strategies and infrastructure improvements were tested. The results were evaluated against the established criteria. Performance measures and evaluation criteria results for potential strategies and improvements were compared against those of the base condition. Transportation infrastructure improvements that were considered included (but were not be limited to) access management improvements, intersee ion modifications, additional or modified freeway ramps, additional through-lanes, grade-separated intersection improvements, new road segments, etc. Close cooperation with state and local implementing transportation agencies ensured coordination in developing and analyzing potential strategies and improvements. Assumptions For the purposes of the future conditions analysis (FCA), a single use data set for a buildout scenario was used to generate system traffic in and around Activity Center #9. The land use data set developed by the County/ Metropolitan Planning Organization (MPO) for use in the "density reduction" buildout assessments was used. Although the study horizon year was undetermined, the analysis year data set was assumed to represent the area's buildout. The traffic analysis zones (~'AZs) wi:hi~; the study area were reviewed and evaluated for consistency with the proposed development potential of lands included within Activity Center ¢¢9. A consensus on the appropriate land use variables (eg., number of dwelling units, number of employees, etc.) to be included in the study data set was achieved be-fore any transportation alternatives assessment began. With regard to future land use improvements, several projects within the area (but not within the activity center boundary) that may impact the transportation system within the activity center were identified and considered in the analysis, either directly as part of the modeling effort or indirectly through observations. A number of initial assumptions were made based on approved plans and programs: the capacity improvements recognized in Collier County's Transportation Element of the GMP; the MPO's 2020 Long-Range Transportation Plan, including the 2020 Needs Assessment; and the recently completed SR-84 Corridor Study, which made specific recommendations about future improvements at the intersection of SR-84 and CR-951. Actiwty Center #9 Interchange Master Ptan (IMP) November2000 Section 4. Page 3 Viiso/ nMiller Section 4--Land Use & Transportation Base (Current) Operating Conditions The major transportation system components within Activity Center ¢¢9 include 1-75, CR-951, and SR-84. Currently, the area is not served by public transportation, except for the occasional taxi cab and demand-response vehicles that may serve employers in the area. Tables 4-1a and 4-1b present the 1998 operational conditions of the major roadways and signalized intersections. The northern quadrants, which are substantially vacant of immediately adjacent land uses, are separated by CR- 951, a four-lane divided highway. This area is served by existing and future east/ west "access" roads located immediately outside the "limited access" (LA) boundaries of 1-75 (immediately north of the ramps). Additionally, a planned access point approximately 900 feet north of the existing access roads will provide signalized access control for future major developments east and west of CR-951. To allow all developments within the 4 D 46,300 33,075 B (0.71) 4 D 46,300 33,075 B (0.71) 4 D 44,300 23,739 C (0.54) 2 D 10,800 15,790 F (1.46) Table 4-1a Existing Geometric Conditions Problems/ Problem Areas The interchange activity center will be populated by multiuse developments in all four quadrants. The problems/problem areas associated with transportation impacts, and most acutely, those issues dealing with access on the north side of the interstate corridor, are profoundly different from those issues on the south side. The major transportation links that serve Activity Center #9 include 1-75 (via Looking southeast across Activity Center #9.exit #15), Collier Boulevard (CR-951), and Davis Boulevard (SR-84). The existing roadway lane geometry in Activity Center #9 is depicted in Figure 4-2 on the following page. Actzvity Center #9 Interchange Master Plan (IMP) NovemDer 2000 Section 4. Page 4 '~~~~~~..~ ~ ~.-~ Table 4-1b northwest quadrant to access the future northern signalized access point, an interconnection is planned on the west sid(. of CR-951. A similar, more circuitous cor, 3ection is defined in planning documents approved for developments on the east side of CR-951. Current (base condition) problems are concentrated at the existing unsignalized access point. These problems are primarily associated with high volumes of truck traffic using the access road to reach the Collier County Wat~,r Treatment Plant and the Collier County Landfill. White Lake, a major industrial de~ ~"--- .4- Section 4---Land Use & Transportation Figure 4-2: Roadway Lane Geometry begun to attract land uses that will increase the intersection's traffic. A secondary problem is the access road's lack of adequate throat distance at the intersection with CR-951. Problems associated with the northern quadrants are summarized in Table 4-2. South of the 1-75 corridor, land uses are being developed with 0rojects east and west of CR-951 at approximately 20-30 percent buildout. Gas station, restaurant, and hotel/motel facilities occupy the southwest and southeast quadrants of the interchange. The problem area south of the 1-75 corridor is the intersection of SR-84 and CR-951, located approximately 1,400 feet south of the 1-75 ramps. The LA limits extend to the SR-84 intersection. Therefore, all access to commercial deve;opment must pass through the SR-84/CR- 951 intersection. Heavy southbound and northbound volumes between the 1-75 ramps and SR-84 coupled with high turning volumes to/from SR-84 contribute to severe congestion and long delays, especially during the morning and evening peak hours. SR-84 west of CR-951 is currently two lanes with left turn lanes. CR-951 is a four-lane divided highway. East of CR-951, "Old SR- 84" is a two-lane roadway serving land development. It terminates east of the activity center boundary. With the exception of the delay at CR-951, no traffic problems were identified for "Old SR-84" east of CR-951. It should be noted that a recently approved 1-75 interchange at Golden Gate Parkway scheduled for construction May be too close to 1-75 ramps to be signalized Inadequate throat distance Heavy truck movements to/from A~ess Road ¢1 Planned interconnection to future no~hern a~ess (on east side of CR-951 ) is not direct and dependent upon others No 2urrently available interconnection to future no~hern access (on east side of CR-951) Table 4-2 Activity Center #9 Interchange Master Plan (iMP) November2000 Section 4, Page 5 A¥~.N~A ITE~ Section 4--Land Use & Transportation in 2004 may reduce the traffic bound for 1- 75 at this intersection. However, congestion will continue due to access to the land development activities competing with the projected increases in through- volumes that CR-951 will carry. Table 4-3 summarizes the problems associated with the southern quadrants. development. Widening along the existing alignment was found to be more cost- effective and have fewer environmental impacts. A Preliminary Development and Environmental (PD&E) study is underway to determine the appropriate grade separation concept for the intersection. As a result of what likely is to be a staging of improvements (first a multilaning of SR-84 Too close to 1-75 ramps Inadequate distances from intersection to driveways on SR-84 {west of CR-951~ Inadequate R/VV for additional turn lanes (eastbound approach) Excessive delays due to heavy east to north, south to west and north to west turning movements Heavy peak hour traffic volumes Over capaci~ in its current 2-lane configuration (LOS "F") Table 4-3 Potential Infrastructure Improvements A number of key system improvements have been identified previously and are either approved or being evaluated. As stated earlier, the future (2004) interchange at Golden Gate Parkway should provide an alternative for 1-75- bound traffic, thereby reducing some of the traffic that traverses the SR-84/CR- 951 intersection to access the interstate. The SR-84 Corddor SJudy recently completed for the FDOT recommended improving SR-84 to a multilane configuration along the existing alignment instead of realigning the corddor eastward to intersect with CR-951 one mile south of the current intersection. During the course of the study, it was determined that regardless of the alignment, the existing SR-84/CR-951 intersection would have to followed by a grade separation improvement), special access management considerations will be needed. Although currently not planned to be extended west, future Access Road #2, north of 1-75, was tested and evaluated as a connection between CR-951 and Santa Barbara Blvd. Table 4-4 summarizes the major roadway improvements that the Collier County MPO identified as necessary by 2024 within the activity center boundary. Table 4-5 identifies additional relatively low-cost infrastructure enhancements and operational improvements as potential of transportation system management (TSM) strategies. Potential Land Use Strategies Most of the lands within Activity Center #9 are zoned for a nonagricultural land use. The remaini~.g A-Agriculture parcels be grade separated due to the significant influence (and vicinity) of the 1-75 interchange coupled with the activity center likely will be rezoned in th( Acbwty Center #9 Interchange Master Plan (IMP) November2000 Sect~n 4, Page 6 Section 4---Land Use & Transportation Widen from 4 to 6-lanes Widen from 4 to 8*lanes Widen from 4 to 6-lanes Grade Separation & signal m~'.difications Widen from 2 to 4-lanes Improved traffic flow; reduced delay; improved LOS Improved traffic flow; reduced delay; improved LOS Improved traffic flow; reduced delay; improved LOS Reduced congestion dudng peak periods; Improved traffic flow; reduced delay; ~mproved LOS Improved traffic flow; reduced delay; improved LOS Table 4-4 Enhanced computer controlled traffic signal system; additional coordination Additional turn lanes Variable Message Boards; in-vehicle information systems; advanced warning systems Quick response traffic control; motodst aid services; accident investigation areas; agency awareness; traffic signal preemption Non-Peak hours of Construction; minimization of lane closures; advanced traveler information Park-n-Ride Facilities; transit stations Improved traffic flow;, reduced delay; improved LOS improved traffic flow;, reduced delay; improved LOS Reduces delay; allow travel plan adjustments Reduced congestion due to incidents; improves response time to accidents; improves system recovery time Reduces delay; allow travel plan adjustments; improves work-zone safety Reduced SOY usage; reduced congestion dudrig peak periods Table 4-5 Collier County will have an opportunity to ensure that the development that follows the adoption of the IMP is planned and coordinated to be consistent with the Plan and subsequent LDC amendments. A vadety of land use strategies that may be considered are discussed below. Due to the area's currently undeveloped land, significant opportunities exist to manage the appropriate development of much of the area north of the 1-75 corridor. Although generally identified for commercial or industrial uses such as retail, office (corporate and general), and for a mix of uses, including multifamily residential and institutional and support services, such as adult congregate living facilities, medical facilities, churches, and child care facilities. Mixed-use developments can significantly reduce the traffic impacts of land development within the activity center by providing varying peak periods of travel and by providing opportunities to minimize travel through maximizing "chained" or multipurpose trips. Residents in these developments are often able to shop for groceries, pick- up/drop-off dry cleaning, conduct personal warehousing and distribution centers, lands within the activin, center are suitable banking, and pick up the kid~ having to use the adjacent h system. Activity Center #9 Interchange Ma star Plan (IMP) NovemDer 2000 Section 4. Page 7 ghwi~.~ Section 4--Land Use & Transportation The value of varied peak hour travel demand of a mixed-use development should not be overlooked. Approximately 60-90 percent of the activity center's "congestion" is generally concentrated dudng the 2-3 peak hours during the morning/evening. In all but the most severely over-congested facilities, traffic dudng the remaining times of the day (the non-peak hours) is manageable. Historically (and currently), facilities are built to handle peak demands. Adopted LOS standards are based on the measure of congestion during the peak hour of the day. In addition to the infrastructure improvements that are needed as congestion increases, "gentler" approaches that involve travel behavior or TDM can effectively reduce peak hour demand and congestion. The TDM strategies in Table 4-6 should be considered where appropriate. Future Conditions The Future Conditions Analysis (FCA) examined the activity center in two parts: the northern half and southern half. This was done because 1) the northern quadrants are both substantially undeveloped and/or will be the subject of further land use decision-making processes, and 2) the FDOT is analyzing the southern quadrant's network as part of the SR-84/CR-951 PD&E. For the northwest quadrant, land owners provided potential buildout scenarios for analysis, Existing approved zoning was used for lands in the northeast quadrant. Activity Center North This portion of the analysis determined the future traffic impacts north of 1-75 on CR-951 with the addition of traffic generated by the proposed/approved development in the immediate vicinity. It also analyzed one signalized access versus two signalized access drives for the proposed development. Future year 2024 traffic volumes were derived using the MPO's Collier County 2024 travel demand model. Model modifications were made to the highway Commercial Retail/Office and Residential Provides opportunities for internal capture and "trip chaining' Hotel, Service Warehouse/Distribution Provides for dilferent peak houripeak direction travel demands Market rate rantar housing; Affordable housing; Workforce housing Concentrabons of housing units that are available to the neighboring workforce; close proximity to retail/office services w/in the ActJwty Center Passive and active parks; greenways; Churches, Civic orgamzabons Reduced traffic impact; services provided to neighboring residents; increased open space 'Flex-~me'; staggered start/stop times; alternative work schedules Reduces peak hour demand; spreads out demand over greater length of time Transit, rideshating, and van-pooling Reduces peak hour demand, recluces parking incenlives requirements Improved bicycle & pedestrian facilities Reduces vehicular demand between uses; reduces congestion Table 4-6 Activity Center #9 Interchange Master Plan (IMP) NovaruDer 2000 Section 4, Page 8 Activity Center Freight Management System; 'Delivery Only" Hours; Delivery Access Rcutes Telecommuting, teleconferencing, teleshopping Coordinate & consolidale deliveries to minimize the number of freight vehicles needed, particularly during peak per~ods Reduces peak and non-peak travel demand Section 4--Land Use & Transportation network and socioeconomic data (ZDATA) to better reflect the proposed development and the network's physical constraints. Figure 4-3 shows the FSUTMS highway network changes made to the model. Proposed traffic from development in the northeast and northwest quadrants was derived using the Institute of Traffic Engineer's (ITE's) current Trip Generation Manual (6t~ ed.) for the five developments on CR-951 north of 1-75: The changes included removing the proposed SRo84 east/west extension (eliminated by the MPO as a result of the SR-84 Corridor Study), removing the centroid connection to/from zone 310 to Golden Gate Parkway, and relocating the centroid connection to more accurately represent the travel paths to/from zone 289. Land use ZDATA revisions included refining forecast development levels for the zones surrounding the interchange. The employment level in zone 310 decreased from 1458 to 1030 while total dwelling units increased from 708 to 1319. Zone 311 was revised to include a 250- room hotel. Table 4-7 on the next page summarizes generation data. · White Lake · City Gate · Golden Gate Health Park (aka Commerce Park) ,, The Homan Parcel ,, Magnolia Pond Development potentisJ w-~ ba~,c; ¢n approved or planned project expectations. Traffic was assigned to the roadway network using the MPO model's traffic distribution for these zones. Model volume and distribution plots are included in the Appendix A. Background traffic was derived by applying a 9 percent k factor and 60 percent d factor to the MPO model's background peak season weekday traffic (PSWT). ACTIVITY CENTER #9 - REVISED 2024 FSUTMS MODEL NETWORK OVERLAY Figure 4-3 Activity Center #9 lr~terchange Master Plan (IMP) Novernt~er 2000 Section 4, Page 9 Section 4--Land Use & Transportation ACTIVITY CENTER #9 PM Peak Hour Trip Generation Off~a . 710 916,000 sf 188 918 111 111 0 Retail 820 116.000 sf 332 361 69 69 124 light IndUsfrei 110 1,8601000 sf 300 2201 250 250 0 Restam'ant 831 34,000 sf 170 85 26 26 0 Gas $ta~on ~4~ 3.000 sf 145 145 29 29 101 Totals 1135 3710 485 485 225 0 77 807 134 139 158 0 50 1951 0 145 50 101 15 15 235 426 2991 Of~ ~ '' ?~ ~ ' 3o,ooosf 19 94 2 9 0 0 17 85 Re,all.* m 220,000 sf 508 549 31 47 157 170 320 332 MFD~J · 22~ 588 du 226 111 45 22 0 0 181 89 Totals 753 754 78 78 157 170 518 506 MFDU Totals 231 du 9~ 48 7 7 0 0 89 41 96 48 7 7 0 0 89 41 RetaB. ;; ,'~ 828;' : 250,000 du 552 598 115 115 MFDU ' ' 22~ 500 du 194 95 29 29 Totals 746 693 144 t44 164 178 273 305 0 0 165 66 164 178 438 371 Indu~lalPa~'k 1~ .... 65 ac 121 454 0 0 0 0 121 454 Totals 121 454 0 0 0 0 121 454 ITE's Trip Generation ManUal 6th E~dit~ Golden Gate Health park inlerr~al c~plU~e is base o~ the fo~o.~r~ percenla~es: 10% off~ce Io retmL 20% restlethal to relad: Table 4-7 Activity Center #9 Interchange Master Plan (IMP) November2000 Sectio~ 4. Page 10 FEB]3 200l Section 4--Land Use & Transportation One Access Drive LEGEND Hc~a~ I~ 24 (152} [10021 (141) {7} i47I ~ 21 {2~5}[194t](94) North Accell Drive Smath AcCess Activity Center #9 2024 PEAK SEASON PM PEAK HOUR TRAFFIC City Gate Full Build Scenario COLLIER COUNTY, FLORIDA Two Access Dnves 76(149}<94> 10 J [4] {1} ---~.' ~R (c~i) <136> 13--"~ 58 (~9) <62> ~ (4> [24I ~ {118} {777] {38) 1~ 21 {177} [11E,4J(56} Figure 4-4 shows the expected 2024 PM peak hour peak season traffic for both one signal and two signalized access scenarios for full buildout of the proposed developments. Capacity calculations were performed for the traffic volumes shown in Figure 4- 4 using 1997 Highway Capacity Software (HCS 3.1). These calculations were performed for at-grade intersections with both one and two signalized access points along CR-951 for the proposed development. Signalized intersection and detailed arterial analyses were performed for the two scenarios and are included in Appendix B. Additionally maximum queue lengths were calculated using the red time equation for movements along CR-951. As shown in Figure 4-5, full buildout of the proposed developments will result in unacceptable LOS in the year 2024 with Activity Center #9 Interchange Master Plan (iMP) Novernber 2000 $ecbon 4, Page 71 either one or two signalized at-grade intersections. Due to the proximity of 1-75 to the south, any type of grade separation does not seem feasible. Any loading to the north at Golden Gate Parkway seems improbable due to physical constraints (canals and neighborhoods). The only solution appears to be a reduction in proposed development. Of the five developments shown in Figure 4-4's traffic volumes, City Gate is the largest traffic generator and is the single project most likely to not build out to its maximum potential. For testing purposes, City Gate traffic was reduced to obtain acceptable operation of CR-951 north of 1-75. Figure 4-6 shows these reduced traffic volumes for City Gate for the one and two signal scenarios. As shown in Figure 4-6, City Gate traffic would have to be reduced by 80 percent for one signalized access )oint to operate acceptably. For two signal(; ed ac, c,e_~,,~,.~ .... FEB 200' Section 4--Land Use & Transportation One Access Drive Access Drive F / 11.4 mph 850 ft 219.3 sec] F / 4.0 mph 1050 ft Two Access Drives B 1 35.6 mph 600 ft F / 5.0 mph I 1050 ft Activity Cente~ f/'9 2024 PEAK SEASON PM PEAK HOUR LEVEL OF SERVICE City Gall Full Build Scenario COLLIER COUNTY, FLORIDA Figure 4-5 r/I E / 72.4 sect i F/11.1mph 900 fi ?-F / 118.8 secl F / 12.7 mph 900 ft One Access Drive 126{248)<156> 16 -~ LEGEND 242 Background Tr-~f~c {152} Wt'~el~ke Tr-'a~c /[lOO2] Ci~ mr~ [141) P~y~ L. 24{152}(2~0](28) ~ {7}[10I -- 21 {295} [388] (19) Two Access Drives South ~ccess Dd~e Activity Center ~9 2024 PEAK SEASON PM PEAK HOUR TRAFFIC Reduced City Gate Development COLLIER COUNTY. FLORIDA Figure 4-6 Act/vii I Center#9 Interchange Master Plan (IMP) Novernt~er 2000 Section 4, Page 12 76(149) ~94> 10 ~ [21 {1} ~ 98 (6~) <13~> 50 (99) <62> 6~ [2] {1} --~ 147 (99) <20~ L -- {118}[195] (10) L 24 {61} [201] -- 2~ {177} [5821 {28) Section 4--Land Use & Transportation points to operate acceptably, City Gate would have to reduce its traffic by 50 percent. As shown in Figure 4-7, all intersections and arterial links are expected to operate at LOS D or better with the reduced CityGate traffic, with the exception of the southbound arterial link between the signalized access drives. This is due primarily to the short distance (900 ft.) between the two. Maximum queues were checked using the red time equation and were found to be acceptable. However, if LOS D is required for this link, City Gate traffic would need to be further reduced to approximately 65 percent of its maximum buildout condition. During the preparation of this report, additional research on the signalization of the Access Rd. #1 intersection at CR-951 was being conducted by Tindale-Oliver, inc. Results of that research were not available at the time of this printing. Alternative East-West Co//ector Roadway Analysis As part of the assessment of future roadway conditions, the study examined the impacts of an interconnecting roadway (Access Road #2) extending between Santa Barbara Blvd. and CR-951. The extension was tested as a four-lane collector in 2024. The assignment of traffic by the MPO model produced volumes of 7,100 (PSDT) on the new collector with little or no change to volumes on CR-951 and the other surrounding roadways. This indicates a rebalancing of traffic where increases in certain trips as a result of a network change are offset by reductions of certain other trips (i.e., gains offset losses). In addition, the relatively low volume of traffic (7,100 PSDT) assigned to the new extension indicates that a small portion of the trips to and through the area find the extension of much value. An examination of the model's trip*making One Access Drive C I 29.8 mph 700 ft D I 18.6 mph 750 ft NorU~ Access Drive Two Access Drives 39.3 mph 500 ft /.[ D / 44.6 secI 17.4 mph 650 ff O / 54.6 sec 1 18,5 mph 700 ft F ' 11.4 mph 8O0 fi Actiwty Center #9 2024 PEAK SEASON PM PEAK HOUR LEVEL OF SERVICE Reduced City Gate Development Scenario COLLIER COUNTY, FLORIDA Figure 4-7 Activity Center #9 Interchange Master Plan (IMP) Noverntfer 2000 Section 4, Page 13 V!iller Section 4--Land Use & Transportation characteristics indicates that approximately 80 percent of the new road's traffic is generated in the immediate vicinity of the access road by TAZ 310 (the zone bisected by the new roadway) and the zone immediately to the east of CR-951 (TAZ 311). This indicates that the road is of primary benefit to those developments immediate adjacent to it, with little or no benefit derived by the surrounding roadway network. Traffic volumes assigned to the major roads within the study simulated by the 2024 "with" and "without" models are presented in Table 4-8. additional changes were assumed for the. land use forecast that the FDOT is using. However, access management strategies have been developed for the quadrants and have been included in the Access Management Plan contained herein. Future conditions related to the Access Management Plan assume two scenarios: * Interim at-grade improvements to SR-84 and the SR-84/CR-951 intersection * Buildout with a grade separation at the SR-84/CR-951 intersection Santa Barbara Blvd. to CR-951 NA 7,100 N. of Access Rd. #2 54,600 54,500 S. of Access Rd. #2 65,600 63,900 S. of 1-75 92,800 92,400 S. of SR-84 75,700 76,000 W. of CR-951 35,300 33,600 N. of Access Rd. ~2 51,600 54,600 S. of Access Rd. #2 51,400 51,500 S. of Radio Rd. (CR-856) 43,300 42.600 W, of CR-951 48,000 45,200 Table 4-8 Activity Center South The transportation network in the southern portion of the activity center is the subject of a PD&E analysis that URS Greiner is conducting under the FDOT's direction. The PD&E is intended to finalize the design concept(s) for the proposed at- grade and grade-separated improvements needed at the junction of SR-84, CR-951, and 1-75 to accommodate 20-year traffic. Because the future improvements will be dictated by the results of the FDOT's study, the activity center future conditions work did not include any additional travel demand analysis of the southern quadrants of Activity Center ¢¢9. No Activity Center #9 Interchange Master Plan (IMP) No vernb~r 2000 Section 4r Page f4 IMP Recommendations The IMP recommendations are divided into two areas: * Land Use Strategies * Infrastructure Improvements Land Use Strategies The following land use strategies should be considered for future land development requests within the activity center. 1. Require mixed-use developments for all future rezone requests. The value of mixed-use developments, especially when a residential component is included, sho FEB13 Section 4--Land Use & Transportation Achvity Center #9 ~nterchange Master Plan (IMP) November2000 Section 4, Page 15 4. Relocate White Lake B~: ~evard to the east and interconnect il to new City Gate access road. 5. Maintain and signalize the existing median opening at intersection of CR- 951 with White Lake Boulevard and Access Road #2. 6. Relocate and bring the 1-75 westbound off-ramp under signal control. 7. Add northbound right turn deceleration lane at CR-951 and White Lake Boulevard. 8. Interconnect all signals. 9. Locate a park-and-ride lot within the activity center (may also be south of 1- 75). 10.Maintain access management restrictions as shown on the Access Management Plan. South of 1-75 1. Six-lane CR-951 (further consideration should be given to an eight-lane section south of 1-75 through the SR- 84 intersection). 2. Six-lane SR-84 from relocated Radio Road intersection to CR-951. 3. Interim at-grade improvements as part of the multilane reconstruction of SR- 84 (will require right-of-way acquisition): * Extend the southbound right turn lane of CR-951 approaching SR-84 * Design the SR-84 leg of the intersection to accommodate a free- flow southbound right turn movement * Construct a dedicated eastbound right turn lane on SR-84 approach to CR-951 * Construct a second eastbound left turn lane on SR-84 approach to CR- 951 * Construct ~nd northbound left turn lane ':~n C~'~'i~a~ SR- Infrastructure Improvements 1-75 separates infrastructure improvements geographically and functionally: North of 1-75 1. Six-lane CR-951 (consideration should be given to an eight-lane section south of the new access road). 2. New signalized intersection of City Gate and Golden Gate Commerce Park project access roads approximately 900 feet north of the intersection of CR-951 with While Lake Boulevard and Access Road #2. 3. Interconnect Access Road #2 to new project access road through the Golden Gate Commerce Park development. "chaining" and internal capture can significantly reduce the "new external trips" of a mixed-use project. 2. Promote low trip-generating commercial and industrial uses within existing and future commercial/ industrial developments. Consider maximum square footage or trip generation thresholds for high trip- generating land uses. Provide land development incentives for low trip- generating uses. 3. Require internal site interconnections between adjacent land uses to facilitate convenient and safe internal vehicular movements without affecting the external roadway network. 4. Consider site planning strategies that allow and encourage safe and convenient pedestrian movements between adjacent uses. 5. Require all future developments to commit to the support of future public transportation operations. New developments should be encouraged to anticipate future transit stop locations when designing the site access and circulation to land uses. Section 4 Land Use & Transportation · Remove access connection to Burger King parcel and relocate access connection to Bedzel Circle in the Commerce Center · Analyze and modify existing gas station driveways (northwest and southwest of SR-84/CR-951 intersection) during multilaning 4. Interconnect all signals. 5. Future grade-separated improvements (to be determined by FDOT study). 6. Maintain access management restrictions as shown on the Access Management Plan. Access Management Plan Access management is a critical component to the safe and efficient operational interface between land uses and the adjacent street system. Strategies that help preserve the integrity of the arterial and collector roadways while accommodating the safe and convenient vehicle movement into and out of abutting land uses is the goal and hallmark of a well-managed system. On August 18, 1992 the Collier County BCC adopted Resolution No. 92-442 that established a policy for access management for the county's arterial and collector roadways. Recognizing the importance of access management issues regarding the uses within activity centers, Collier County adopted Policy 4.4 of the Future Land Use Eler~ent of the GMP. This required the development and adoption of Access Management Plans for each activity center shown on the county's Future Land Use Map. These Access Management Plans, ultimately adopted as part of the LDC (Appendix "E"), include the location of existing and future access connections closing a median or removing a driveway connection). Because of the expansion of the boundary of Activity Center #9 and because of the level of current and projected traffic, it is appropriate for Collier County to reexamine the current Access Management Plan for Activity Center #9 and modify it as needed. Current Access Management Plan The currently adopted Access Management Plan originally was developed to be as consistent as possible with the access management guidelines and standards in the County's access management policy (Res. 92-442). The currently adopted Activity Center #9 Access Management Plan map as shown in Figure 4-8 reflects the current conditions and identifies proposed additions. The majodty of the lands in this activity center will be part of planned developments that were subjected to a heightened level of scrutiny regarding access management issues. This helped establish a reasonable access management environment. Many of the projects are still undeveloped, which creates opportunities for adjusting the standards and guidelines to improve access management features without placing unnecessary burden on the landowners. Lastly, the current plan, while addressing access for adjacent lands, does not adequately address the need for future arterial and collector roadway improvements. In its current form, the plan does not include/anticipate the future need for turn lanes, additional through-lanes, grade-separated travel lanes, new interstate ramps, ramp modifications, etc. It also lacks measures to encourage and manage internal connections between projects to help minimize access connections to the arterial/collector system. (eg., driveways, entrance and access roads, etc.), median openings, and traffic signals. Additionally, the plans included the identification of existing conditions that may be subject to retrofit measures (eg., Activity Center #9 Interchange Master Plan (IMP) November2000 Section 4, Page 16 Miller A Section 4---Land Use & Transportation Proposed Access Management Plan As demonstrated in Figure 4-9, the proposed Access Management Plan has been developed to be more specific than the current one. Once adopted as amendments to the LDC, the changes will serve as strict guidance to the state and county permitting agencies in the review and consideration of access management improvements. The proposed Access Management Plan maps have been developed in cooperation with state and county access management officials and in consultation with adjoining property owners. For ease of feature identification and use, the Access Management Plan maps have been divided into one or more panels for the areas north (Figure 4-10) and south (Figure 4-11) of 1-75. Access connections shown are to be regarded as specific in number and location; minor adjustments in the locations may be appropriately determined at the time of permitting. Specific features (eg., directional median openings) shall not be changed to another feature type, nor shall additional features be added (including driveway connections) without an appropriate amendment to the Access Management Plan map adopted in the LDC. Act~vi y Center #9 interchange Master Plan NovernDer2000 Section 4, Page 18 APPENDIX B SIGNALIZED INTERSECTION ANALYSES ARTERIAL ANALYSES HCS-Si~nals 3.lb File~N951250.hcs Paqe 1 Inter: Anal yst: WI LSONMI LLER Date: 12/I3/99 £/W St: NORTH ACCESS RD No. Lanes LC, Confi g V~ ,| tone L~me ~ dth RTOR Vol HCS: Signals Release 3. lb Ci ty/St: Proj #: Peri od: N/S St: SI GNALI ZED Eastbound I ~est bound L T R IL T R COLLIER CO FL 2 SIGNAL CITY GATE PM PEAK 2024 CR 951 INTERSECTION SUMMARY Northbound L T R 5O % 2 1 2 I 2 i 2 L T R I L T R 329 3 313 1526 16 434 12.0 I2. O 12.0112.0 12.0 12.0 60 I 60 2 3 1 L T R 363 2589 113 12. O 12.0 12. O 60 Southbound L T R 2 3 1 L T R 94 1632 288 12.0 12.0 12. O 60 l)urati on O. 25 Phase Combi nation 1 EB Left A Thru Right Peds WB Left A Thru Right --- Peds Right ~ Right Green Yel Iow AI 1 Red Cycle Length: Appr/ Lane Lane Group Grp Capcity 2 3 A A A A A A A Area Type: ~1 other areas Sign~ Operations 4 NB Left Thru ~ ght Peds SB Left Thru ~ght Pecks 5 6 7 8 A A A A A A A A A A A EB Right A A A WB Pd ght A 17.0 7.0 6.0 6.0 9.0 109.0 4.0 4.0 4.0 4.0 4.0 4.0 0.0 0.0 0.0 0.0 0.0 2.0 180.0 secs I ntersecti on Performance Summary. Adj Sat Rati os Lane Group Approach F1 ow Rate (s) v/c g/C Delay LOS l)el ay LOS Eastbound L 350 T 74 R 474 Westbound L 564 T 190 R 442 Northbound L 389 T 3544 R 1409 Southbound L 136 T 3170 R 1193 3502 0.99 0.100 125.8 F 1900 0.04 0.039 83.5 F 101.7 F 2842 0.56 0.167 70.5 E 3502 0.98 0.161 108.5 F 1900 0.09 0.100 73.8 E 102.1 F 2842 0.89 0.156 94.3 F 3502 0.98 0.111 90.4 F 5187 0.77 0.683 19.1 B 27.4 C 1615 0 04 0.872 1.5 A 3502 0.73 5187 0.54 1615 0.20 Intersection Delay = 44.6 0.039 95.0 F O. 611 20.4 C 22.5 C 0.739 7.2 A (sec/veh) Intersection LOS = D 2001 HCS-Signals 3.tb Fi]e:N9512F.hcs Page i I nt eF: Anal yst: WI LSONMI LLER Date: 12/13/99 E/W St: NORTH ACCESS RD East bound IL T R No. Lanes [ 2 1 2 LGConfig [ L T R Volume [329 5 31', Lane ~dth [12.0 12. O 12,0 RTOR Vol I 60 HCS: Signals Release 3. lb City/St: Proj #: Period: N/S St: COLLIER CO FL 2 SIGNAL CITY GATE FULL PM PEAK 2024 CR 951 BUILD SI GNALI ZED I NTERSECTI West bound L T R 2 1 2 L T R 933 28 777 12.0 12.0 12.0 60 ON SUMMARY Northbound L T R 2 3 1 L T R 363 2790 195 12.0 12.0 12.0 60 Southbound L T R 2 3 1 L T R 163 1660 288 12.0 12.0 12, O 60 Durati on Phase Combi nati on 1 EB Left A Thru Right Peds WB Left Thru Right Peds NB Right SB Right Green Yel 1 ow AI 1 Red Cycle Length: A Appr/ Lane Lane Group Grp Capcity 2 3 A A A A A A A O. 25 Area Type: All other areas Signal Operations 4 NB Left Thru Right Peds SB Left Thru Right Peds A A EB Pd ght A A A WB Right A 13. O 31.0 6.0 6.0 4.0 94.0 4.0 4.0 4.0 4.0 4.0 4.0 0.0 0.0 0.0 0.0 0.0 2.0 180.0 secs lntersecti on Performance Sunmary Adj Sat Rati os Lane Group Approach F1 ow Rate (s) v/c g/C Delay LOS Delay LOS 5 6 7 8 A A A A A A A A A Eastbound L 272 T 74 R 395 L 953 T 443 R 821 Northbound L 292 T 2968 R 1409 Southbound L 136 T 2738 R 1023 3502 1.27 0.078 231.0 F 1900 0.07 0.039 83.7 F 163.9 F 2842 0.67 0.139 78.1 E 3502 1.03 0.272 102.7 F 1900 0.07 0.233 53.8 D 91.1 F 2842 0.92 0.289 77.4 E 3502 1.31 0.083 223.8 F 5187 0.99 0.572 41.3 D 59.8 E 1615 0.10 0.872 1.6 A I ntersecti on Delay = 72. 3502 1.26 5187 0.64 1615 0.23 4 0.039 231.6 F 0.528 30.5 C 44.7 D 0.633 14.3 B (sec/veh) Intersection LOS = E FSB 13 2001 HCS-Signals 3.lb File:S951120.hcs Page I nter~ Anal yst: W] LSONMI LLER Date~ 12/13/99 E/W St: SOUTH ACCESS RD HCS: Signals Release 3. lb City/St- COLLIER CO FL Proj #' 1 SIGNAL CITY Peri od: PM PEA!{ 2024 N/S St: CR 951 GATE @ 20 96 DEV No. Lanes LGConfig Volume Lane ~ dth RTOR Vol Eastbound L T R SI GNALI ZED } Westbound I L T R 2 1 2 L T R 546 9 783 12.0 12.0 12.0 60 INTERSECTION SUMMARY Northbound L T R [ 2 1 2 I L T R 1723 54 404 {]z.o 12. o 12. o 60 2 3 1 L T R 907 2037 179 12.0 12.0 12.0 60 Southbound L T R 2 3 1 L T R I01 1343 481 12.0 12.0 12.0 60 Durati on O. 25 Area Type: AI 1 Signal Phase Combi nati on l EB Left A Thru ~ ght Peds ~ Left A Thru .Right Peds Right ~ Right Green Yellow All Red Cycle Length: Appr/ Lane Lane Group Grp Capcity 2 3 A A A A A A A other areas Operations 4 NB Left Thru Right Peds SB Left Thru m ght Peds mght I~B m ght 5 A A A A 15. O 4.0 0.0 A A A 33.0 8.0 9.0 4.0 4.0 4.0 0.0 0.0 O. 0 180. O secs I nt ersect i on Performance Summary. Adj Sat Rati os Lane Group F1 ow Rate (s) v/c g/C Delay LOS 6 7 8 A A A A A A A A 32.0 57.0 4.0 4.0 0.0 2.0 Approach Delay LOS Eastbound L 661 T 106 R 1026 Westb9und L 895 T 232 R 647 Northbound L 1012 T 2709 R 1301 Southbound L 311 T 1671 R 870 Intersecti 3502 0.87 0.189 82.9 1900 0.08 0.056 81.0 2842 0.74 0.361 53.1 3502 0.85 0.256 71.6 1900 0.25 0.122 72.0 2842 0.56 0.228 62.6 3502 0.94 0.289 65.0 5187 0.79 0.522 35.2 1615 0.10 0.806 3.7 3502 O. 34 5187 0.85 1615 0.51 on Delay = 55.0- F F 66.0 E D E E 68.8 E E E D 42.8 D A 0.089 77.4 E 0.322 59.0 E 52.7 D 0.539 26.6 C (sec/veh) Intersection LOS = D F£3 13 2001 HCS-Siqnals 3.lb File:S9511F.hcs Page 1 I nt er: Anal ys[ ~ W] L$ON~3 LLER Date~ 12/13/99 E/W St~ SOUTH ACCESS RD No. LaNes LGConfig Volume Lane Width RTOR Vol East bound L T R 2 1 2 L T R 9 783 12.0 12. O 12.0 60 BCS: Sights Release 3. lb Ci ty/St: Proj #: Peri od: N/S St: COLLIER CO FL 1 SIGNAL CITY GATE FULL BUILD PM PEAK 2024 CR 951 SI GNALI ZED I NTERSECTI ON SUMMARY Westbound L T R 2 1 2 L T R 2351 54 1319 12.0 12.0 12.0 60 Northbound L T R 2 3 1 L T R 901 2037 508 12.0 12.0 12.0 60 Southbound L T R 2 3 1 L T R ~287 1343 481 12.0 12.0 12.0 60 Duration 0.25 Area Type: All other areas Signal Operations Phase Combi nati on 1 2 3 EB Left A Thru A Right A Peds WB Left A A Thru A A Right A A Peds NB Right A A SB Pd ght A Green 19.0 70.0 5.0 Yel Iow 4.0 4.0 4.0 All Red 0.0 0. O O.O Cycle Length: 180.0 secs 4 NB Left Thru Right Peds SB Left Thru Right Peds F~B Right I~B Pd ght Appr/ Lane Lane Group Grp Capcity 5 A A A A 8.0 4.0 0.0 Intersection Performance Suanary Adj Sat Ratios Lane Group Flow Rate (s) v/c g/C Delay LOS 6 7 8 A A A A A A A A 19.0 33.0 4.0 4.0 0.0 2.0 Approach Delay L9S Eastbound L 370 T 53 R 632 I~estbound L 1809 T 834 R 1437 Northbound L 603 T 1614 R 1391 Southbound 156 T 951 R 520 Intersecti 3502 t.55 0.106 342.8 F 1900 O. 17 0.028 87.0 F 2842 1.20 0.222 176.4 F 3502 1.37 0.517 212.8 F 1900 0.07 0.439 29.2 C 2842 0.92 0.506 51.3 D 3502 1.58 0.172 345.0 F 5187 1.33 0.311 214.2 F 1615 0.34 0.861 2.6 A 246.9 F 154.6 F 221.2 F 3502 1.94 0.044 529.8 F 5187 1.49 0.183 298.2 F 283.8 F 1615 0.85 0.322 69.8 E on Delay = 219.3 (sec/ve~ Intersection LOS = F FEB 13 2001 HCS-Siqnals 3,lb File:S951235.hcs Paqe 1 Inter: Anal yst' WI LSONMI LLER Date: 12/13/99 E/W St' SOUTH ACCESS RD No. Lanes LgConfig Volume Lane ~dth RTOR ¥ol Eastbound L T R 2 1 2 L T R 217 4 470 12. O 12. O 12.0 60 HCS: Signal s Rel ease 3. lb City/St: COLLIER CO FL Proj #: 2 SIGNAL CITY Period: PM PEAK 2024 N/S St: CR 951 SIGNALIZED INTERSECTION SUMMARY giestbound Northbound L T R L T R 2 1 2 L T R 600 11 245 12. O 12. O 12.0 60 2 3 1 L T R 544 2396 152 12. O 12.0 12.0 60 GATE @ 35% Southbound L T R 2 3 1 L T R 64 1986 193 12.0 12.0 12.0 60 Duration 0.25 Phase Combi nati on 1 EB Left A Thru Right Peds WB Left A Thru Right ~_. Peds Right A . Right A Green 1 1.0 Yel 1 ow 4. O A1 I Red O. 0 Cycle Length: 190. 0 2 3 A A A A A A A Area Type: All other areas Signal Operations 4 NB Left Thru Right Peds SB Left Thru Right Peds A EB Right A ~ Right A 13.0 6.0 6. O 4.0 4.0 4.0 0.0 0.0 0.0 secs Appr/ Lane Lane Group Grp Capcity 5 A A Intersection Performance Sun~nary. Adj Sat Rati os Lane Group F1 ow Rate (s) v/c g/C Delay LOS 6 7 8 A A A A A A A A 18.0 110.0 4.0 4.0 0.0 2.0 Approach Delay LOS Eastbound L 221 T 70 R 583 ',Yearbound L 535 T 240 R 5O9 Northbound L 535 T 3631 R 1420 Southbound L 129 T 303O R 1088 3502 1.03 0,063 158.0 F 1900 0.06 O. 037 88.7 F 104.1 F 2842 0.74 0.205 75.8 E 3502 1.18 O. 153 180.1 F 1900 0.05 O. 126 73.1 E 152.8 F 2842 0.38 0.179 69.2 E 3502 1.07 0.153 116.9 F 5187 0.69 0.700 16.7 B 34.2 C 1615 0.07 0.879 1.5 A 3502 0.52 5187 0.69 1615 0.13 Intersection Delay = 54.1 0.037 91.7 F 0.584 27.9 C 28.7 C O. 674 11.1 B (sec/ve~ Intersection LOS = D F23 13 200} HCS-Siqnals 3.lb File:S951250.hcs Paqe 1 I nter~ Anal yst' WI LSONMI LLER Date: 12/13/99 E/W St: SOUTH ACCESS RD No. Lanes LGConfi g Vol ume Lane Width RTOR Vol East bound L T R 2 1 2 L T R 217 4 470 12.0 12.0 12.0 60 HCS: Signals Release 3. lb City/St: COLLIER CO FL Proj #: 2 SIGNAL CITY Period: PM PEAK 2024 N/S St: CR 951 GATE @ 50% SI GNALI ZED I NTERSECTI ON SUI~IARY l~st bound Nor t hbound L T R L T R 2 I 2 L T R 808 15 313 12.0 12.0 12.0 60 2 3 1 L T R 544 2412 190 12.0 12.0 12.0 60 Southbound L T R 2 3 1 L T R 78 211)2 193 12.0 12.0 12.0 60 Duration O. 25 Phase EB Left T~FIJ Right Peds B]3 Left Thru Right Peds NB Right SB Right Green Yel Iow A! 1 Red Cycle Length: Combi nati on 1 A A 178.0 Area Type: All other areas Signal Operations 4 NB Left Thru Right Peds SB Left Thru Right Peds A A EB Right A A WB Right A 11.0 23.0 6.0 6.0 4.0 4.0 4.0 4.0 0.0 0.0 0.0 0.0 secs 2 3 A A A A A Appr/ Lane Lane Group Grp Capcity 5 A A Intersection Performance Summary Adj Sat Rati os Lane Group F1 ow Rate (s) v/c g/C Delay LOS 6 7 8 A A A A A A A A 18.0 88.0 4.0 4.0 0.0 2.0 Approach Delay LOS Eastbound L 236 T 75 R 623 g%$tbound L 767 7 363 R 703 Northbound L 571 T 3235 R 1406 Southbound L 138 T 2594 R 962 Intersecti 3502 0.97 0.067 131.7 F 1900 0.05 0.039 82.6 F 2842 0.69 0.219 67.3 E 3502 1.11 0.219 136.3 F 1900 0.04 0.191 58.8 E 2842 0.38 0.247 56.0 E 3502 1.00 0.163 87.2 F 5187 0.78 0.624 24.8 C 1615 0.10 0.871 1.6 A 3502 0.59 5187 0.85 1615 0.15 on Delay = 54.6 89.5 F 116.4 F 34.9 C O. 039 87. 5 F O. 500 40.3 D 40.5 D O. 596 16.0 B (sec/veh) Intersection LOS = D HCS-Signals 3.lb File:S951250.hcs Paqe__~ I nt er: Analyst: WILSONMILLER Date: 12/13/99 E/W St: SOUTH ACCESS RD No. Lanes LGConfi g %/ol ume Lane Widtb RTOR Vol Eastbound L T R 2 I 2 L T R 217 4 470 12.0 12.0 12.0 60 HCS: Signal s Rel ease 3. lb Ci ty/St: COLLIER CO FL Proj #: 2 SIGNAL CITY Period: PM PEAK 2024 N/S St: CR 951 SI GNALI ZED I NTERSECTI ON SUMMARY Westbound L T R 2 1 2 L T R 1418 26 542 12.0 12.0 12.0 60 Northbound L T R 2 3 1 L T R 544 2467 313 12.0 12.0 12.0 60 GATE FULL BUILD Southbound L T R 2 3 1 L T R 124 2,191 193 12.0 12.0 12.0 60 Duration 0.25 Phase Combi nation 1 EB Left A Thru Right Peds ~ Left A Thru Right ~... Peds Right Right Green Yel 1 ow A11 Red Cycle Length: Appr/ Lane Lane Group Grp Capcity 2 3 A A A A A A A Area Type: AIl other areas Signal Operat i OhS 4 NB Left Thru Right Peds SB Left Thru Right Pecks 5 6 7 8 A A A A A A A A A A A EB Right A A A WB Right A 6.0 47.0 6.0 6.0 10,0 79.0 4.0 4.0 4.0 4.0 4.0 4.0 0.0 0.0 0,0 0.0 0.0 2.0 180.0 secs Intersecti on Performance Summary, Ado Sat Rati os Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOS Eastbound L 136 T 74 R 489 Westbound L 1128 T 612 R 1074 Northbound L 409 T 2709 R 1409 Southbound L 136 T 2305 R 825 Intersecti 3502 1.68 0.039 420.8 F 1900 0.05 0.039 83.6 F 2842 0.88 0.172 89.9 F 3502 1.32 0.322 212.9 F 1900 0.04 0.322 42.0 D 2842 0.47 0.378 42.7 D 3502 1.40 0.117 261.5 F 5187 0.96 0.522 42.5 D 1615 0.19 0.872 1.8 A 203.5 F 168.0 F 75.9 E 3502 0.96 0.039 130.8 F 5187 1.14 0.444 115.0 F 111.3 F 1615 0.17 0.511 23.6 C on Delay = 118.8 (sec/veh) Intersection LOS = F AG~A ITLM F _3 13 2001 ItCS: Arterials Release 3. lb Steve Pi vni cki Wi I sonMi I Ier Inc. Phone: 727-615- 1319 E- Mai 1 ' OPERATIONAL ANALYSIS. Arterial Name: Fi I e Case: Prepared By: Di recti on: Date: CR 951 2024 2 SIGNAL CITY GATE @ 100% Wl LSONMI LLER Nort h- bound 12/14/99 Descri pti on of Arterial Anal ysi s Peri od Length O. 25 In- Seg. Cross Street Name Length C1 ass Free FIow Speed (mph) Running Ti me (sec) Sect i on 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 SOUlqt ACCESS RD NORTH ACCESS RD 0.28 2 45 28.3 0.20 2 45 21.8 Seg Intersection Delay Estimates Cycle Green v/c Lane Length Ratio Ratio Cap. C g/C X c PVG Art. I Unit if Type Fac- Ext. Input AT tor (sec) Init. Cntrl. Queue Delay (veh) (sec) Ot her I nt er. Delay LOS (sec) 1 2 3 4 5 6 7 8 9 10 ll 12 180.0 180.0 0.522 0.959 2709 0.572 0.990 2968 3 1.000 3.0 3 0.187 3.0 0 50.8 0.0 D 0 43. 1 0.0 D AGE, h~A IT F..~ FEB 13 200! 14 Seg. Arterial Level of Service Sect. Inter. Sum of Sum of Running Control. Other Time by Length by Arterial Ti me Delay Delay Section Section Speed (sec) (sec) (sec) (sec) (mi) (mph) Arterial LOS by Secti on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I 28.3 50.8 O. 0 79. 1 O. 28 12.7 2 21.8 43. 1 O. 0 64.9 O. 20 11. 1 F F Grand Sum of Time (x) = 144.0 sec Grand Sum of Length (y) = O. 48 miles Arterial Speed = 3600 x (y)/(x) = 12.0 mph ~'-'terial Level of Service, LOS = F 1: 2: 3: 4: 5: Intersection Files in the Analysis E: \acti vi tv9\S9512F. hcs E: \acti vi t~9\N9512F. hcs 6' 7: 8: 9: 10: 11: 12: 1Z: 14: 15: HCS: Arterials Release 3. lb Steve Pi vni cki Wi 1 sonMi 1 Ier Inc. Phone: 727-615- 1319 E- Mai I ' Fax: OPERATIONAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Di recti on: Dat e: CR 951 2024 2 SIGNAL CITY GATE @ 100% WI LSONMI LLER Sout h- bound 12/14/99 Descri pti on of Arterial Anal ysi s Peri od Length O. 25 hr Seg. Cross Street Name Length CI ass Free FIow Speed (mph) Running Ti m~ (sec) Section 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 NORTH ACCESS RD SOUTH ACCESS RD 1.06 1 50 0.20 2 45 76.3 21.8 Seg I ntersecti on Delay Esti mates Cycle Green v/c Lane Length Ratio Ratio Cap. C g/C X c PVG Art. I Unit if Type Fac- Ext. Input AT tor (sec) Init. Cntrl. Queue Delay (veh) (sec) Ot her I nt er. Delay LOS (sec) 1 2 3 4 5 6 7 8 9 I0 11 12 180.0 0.528 0.638 2738 180.0 0.444 1.138 2305 3 1.000 3.0 3 0.727 3.0 0 31.0 0.0 C 0 122.5 0.0 F 3 200 13 14 15 Seg. ^rterial Level of Service ~ct. Inter. Sum of Sum of Running Control. Other Ti ~e by Length by Arterial Ti me Delay Delay Secti on Secti on Speed (sec) (sec) (sec) (sec) ( mi ) (~ph) Arterial LOS by Sect i on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 76.3 31.0 O. 0 107.3 1.06 35.6 2 21.8 122.5 O. 0 144.3 O. 20 5.0 B F Grand Sum of Time (x) = 251.5 sec Grand Sum of Length (y) : 1.26 mil es Arterial Speed = 3600 x (y)/(x) = 18.0 ~ph ~'~terial Level of Service, LOS ]: 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 14: 15: Intersecti on Fi I es i n the Anal ysi s. E: \acti vi ty9\N9512F. hcs E: \acti vi ty9\S9512F. hcs FEB 13 2001 ttCS: Arterials Release 3. lb St eve Pi vni cki ~51 sonMi 11 er Inc. Phone: 727- 615- 1319 E- Mai I · OPERATI 0NAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Direct i on: D ,re: 2024 I SIGNAL CITY GATE @ 100% WILSONMILLER North-bound 12/14/99 Description of ^rteri~ Anal ysi s Peri od Length O. 25 hr Seg. Cross Street Name Length Art. CI ass Free Flow Speed (~ph) Running Time (sec) Section 0 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 CR 951 SOUTH ACCESS RD 0.28 2 45 28.3 Seg Intersecti on Delay Esti mates. Cyc]e Green v/c Lane Length Ratio Ratio Cap. g/C X c PVG Arr. I Unit if Type Fac- Ext. Input AT tor (sec) Init. Cntrl. Queue Delay (veh) (sec) Other Inter. Delay LOS (sec) 1 2 3 4 5 6 7 8 9 10 11 12 180.0 0.311 1.328 1614 3 1.000 3. O 0 224.9 0.0 F 13 14 15 Seg. Arterial Level of Service Sect. Inter. Sum of Sum of Running Control. Other Ti me by Length by Arterial Ti me Delay Delay Secti on Secti on Speed (sec) (sec) (sec) (sec) (mi) (mph) Arteri~ LOS by Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 28.3 224.9 0.0 253.2 O. 28 4.0 F Grand Sum of Time (x) = 253. 2 sec Grand Sum of Length (y) = 0.28 miles ~terial Speed = 3600 x (y)/(x) = 4.0 mph 'erial Level of Service, LOS = F l: 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: ~3: 14: 15: Intersecti on Fi 1 es i n the Anal ysi s. E: \acti vi ty9\S951 IF. hcs Steve Pi vni cki Wi I sor~i 11 er Inc. HCS: Arterial s Rel ease 3. lb Phone: 727- 615- 1319 E- Mai 1 · OPERATI ONAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Di recti on: Date: 2024 I SIGNAL CITY GATE @ 1OO% WI LSONMI LLER Sout h- hound 12/14/99 Anal ysi s Peri od Length Descri pti on of Arterial 0.25 hr Seg. Cross Street Name Length Art. C1 ass Free F1 ow Speed (mph) Running Time (sec) Sect i on 0 1 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 SOUTH ACCESS RD 1.26 I 50 90.7 Seg Intersecti on Delay Esti mates Cycle Green v/c Lane Length Ratio Ratio Cap. C g/C X c PVG Art, I Unit i f Type Fac- Ext. Input AT tot (sec) Init. Cntrl. Queue Delay (veh) (sec) Other Inter. Delay LOS (sec) 1 2 3 4 5 6 7 8 9 10 11 12 18o. 0 o. 183 1.487 951 3 1.0oo 3.0 0 307.2 0.0 F 13 14 15 Seg. Arterial Level of Service Sect. Inter. Sum of Sum of Arterial Running Control. Other Time by Length by &rteri al LOS by Ti me Delay Delay Section Section Speed Secti on (sec) (sec) (sec) (sec) ( mi ) (mph) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 90.7 307.2 O. 0 398. 0 1.26 11.4 F Grand Sum of Time (x) = 398. 0 sec Grand Sum of Length (y) = 1.26 miles ~terial Speed = 3600 x (y)/(x) = 11.4 mph erial Level of Service. LOS = F 1: 2: 3: 4: Intersection Files in the Analysis E: \acti vi ty9\S951 IF. hcs 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: IICS: Arterials Release 3. lb Steve Pi vni cki Wi I sonMi 11 er Inc. Phone: 727-615- 1319 E-Mail: OPERATIONAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Direct i on: Date: CR 951 2024 2 SIGNALS CITY GATE ~ 50% WILSONMILLER North-bound 12/14/99 Descri pti on of Arterial Anal ysi s Peri od Length O. 25 hr Seg. Cross Street Name Length CI ass Free ~ ow Speed (mp Running Time (sec) Section 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 SOUTH ACCESS RD NORTH ACCESS RD 0.28 2 45 28.3 0.20 2 45 21.8 Seg Intersecti on Delay Estimates Cycle Green v/c Lane Length Ratio Ratio Cap. C g/C X c PVG Art. I Unit if Type Fac- Ext. Input AT tot (sec) Init. Cntrl. Queue Delay (veh) (sec) Other Inter. Delay LOS (sec). 1 2 3 4 5 6 7 8 9 10 11 12 178.0 180.0 0.624 0.785 3235 0.683 0.769 3544 3 1.000 3. O 3 0. 525 3.0 0 26.2 0.0 C 0 19.7 0.0 B FF?,, 200 Pg -~. 14 15 Seg. Arterial Level of Service Sect, Inter. Sum of Sum of Running Control. Other Time by Length by Arterial Ti me Delay Delay Secti on Sect i on Speed (sec) (sec) (sec) (sec) (mi) (mph) Arterial LOS by Sect i on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 28.3 26.2 0. 0 54.5 0.28 18.5 2 21.8 19.7 0. 0 41.5 0.20 17.4 D D Grand Sum of Time (x) = 96.0 sec Grand Sum of Length (y) = O. 48 miles ~rterial Speed = 3600 x (y)/(x) = 18.0 mph erial Level of Service, LOS = D 1: 2: 3: 4: Intersecti on Fi 1 es i n the Anal ysi s E: \acti vi ty9\S951250. hcs E: \acti vi ty9\N951250. hcs 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: HCS: Arterials Release 3. lb Steve Pivni cki t~51 sonMi 11 er Inc. Phone: 727-615- 1319 E- Mai I · 0PERATI ONAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Di recti on: South- bound Date: 12/14/99 CR 951 2024 2 SIGNALS CITY GATE @ 50% Anal ysi s Peri od Length Descri pti on of Arteri aJ O. 25 hr Cross Street Name Free Art. Flow Running Length Class Speed Time (mi) (mph) (sec) Section 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 NORTH ACCESS RD 1.06 1 50 SOUTH ACCESS RD 0.20 Z 45 76.3 21.8 ..............................Intersection Delay Estimates Seg Cycle Green v/c Lane PVG Arr. I Unit Length Ratio Ratio Cap. if T)qae Fac- Ext. C g/C X c Input AT tot (sec) Init. Cntrl. Queue Delay (veh) (sec) Other I nt er. Delay LOS (sec) 1 2 3 4 5 7 8 9 10 11 12 180.0 0.611 0.542 3170 3 1.000 3.0 178.0 0.500 0.853 2594 3 O. 800'3. O 0 20.7 0.0 C 0 41.4 0.0 D 13 14 15 Seg. Arterial Level of Service Sect. Inter. Sum of Sum of Running Control. Other Time by Length by Arterial Ti me Delay Delay Secti on Secti on Speed (sec) (sec) (sec) (sec) (mi) (mph) Arterial LOS by Sect i on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I 76.3 20.7 O. 0 97.0 1.06 39.3 2 21.8 41.4 O. 0 63.2 O. 20 11.4 B F Grand Sum of Time (x) = 160. 2 sec Grand Sum of Length (y) = I. 26 mi I es ~terial Speed = 3600 x (y)/(x) = 28.3 mph erial Level of Service, LOS = C ]: 2: 3: 4: Intersection Files in the An~ysis E:\activity9\N951250. hcs E:kactivity9\S951250. hcs 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 1 3 200] Steve Pi vni cki Wi I sonMi 11 er Inc. HCS: Arterials Release 3. lb Phone: 727- 615- 1319 E- Mai I: OPERATIONAL ANALYSIS Arterial Na~e: Fi I e Case: Prepared By: Di recti on: Date: 2024 2 SIGNALS CITY GATE @ 35 WILSONMILLER South-bound 12/14/99 Descri pti on of Arterial Anal ysi s Peri od Length O. 25 hr Seg. Cross Street Name Free Art. ~ ow Length Class Speed (mph) Running Time (sec) Section 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 SO~T~I ACCESS RD O. 20 2 45 21.8 Seg Intersecti on Delay Esti mates Cycle Green v/c Lane PVG Arr. I Length Ratio Ratio Cap. i f Type Fac- C g/C X c Input AT tot Unit Init. Cntrl. Other Inter. Ext. Queue Delay Delay LOS (sec) (veh) (sec) (sec) 1 2 3 4 5 6 7 8 9 10 11 12 190.0 0.584 0.690 3030 4 O. 100'3.0 0 16.9 O. 0 B 13 14 Seg. ^rteri al Level of Service Sect. Inter. Sum of Sum 02 Running Control. Other Time by Length by Arterial Ti me Delay Delay Secti on Sect i on Speed (sec) (sec) (sec) (sec) (mi) (mph) Arterial LOS by Secti on 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 I 21.8 16.9 O. 0 38.7 O. 20 18.6 Grand Sum of Time (x) = 38.7 sec Grand Sum of Length (y) = O. 20 miles ~'-'~eri al Speed = 3600 x (y)/(x) = 18. 6 mph ~erial Level of Service, LOS = 1: 2: 3: 4: Intersection Files in the Analysis. E: \acti vi ty9\S951235. hcs 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: FE9 13 001 HCS: Arterials Rel ease 3. lb Steve Pi vni cki Wi 1 sonMi 1 ] er Inc. Phone: 727- 615- 1319 E-Mail · OPERATIONAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Di recti on: Date: 2024 I SIGNAL CITY GATE AT 20% I/H LSONMI LLER Nort h- bound 12/14/99 Descri pti on of Arterial Anal ysi s Peri od Length 0. 25 hr Seg. Cross Street Name Length C1 ass Free FIow Speed (mph) Running Ti me (sec) Section 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR 951 SOUTH ACCESS RD O. 28 2 45 28.3 Seg Intersecti on Delay Esti mates Cycle Green v/c Lane Length Rat i o Rat i o Cap. C g/C X c PVG Art. I Unit if Type Fac- Ext. Input AT tot (sec) Init. Cntrl. Queue Delay (veh) (sec) Other Inter. Delay LOS (sec) 1 2 3 4 5 6 7 8 9 10 11 12 180.0 0.522 0.791 2709 4 0. 100'3.0 0 25.8 0.0 C F2 2 200J 13 14 15 Seg. Arterial Level of Service Sect. Inter. Sum of Sum of Running Control. Other Time by Length by Arterial Ti me Delay Delay Secti on Secti on Speed (sec) (sec) (sec) (sec) (mi) (mph) Arterial LOS by Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 28. 3 25.8 O. 0 54. 1 O. 28 18. 6 D Grand Sum of Time (x) = 54. I sec Grand Sum of Length (y) = O. 28 rail es ~-*eri al Speed = 3600 x (y)/(x) = 18.6 mph eri al Level of Service, LOS = D 2: 3: 4: I ntersecti on Fi I es i n the Analysis E: \acti vi ty9\S951120. hcs 5~ 6: 7: 8: 9: 10: !1: 12: 13: 14: 15: ffCS: Arterials Release 3. lb St eve Pi vni cki Wi 1 sonMi I Ier Inc. Phone: 727-615- 1319 E- Mai I: OPERATIONAL ANALYSIS Arterial Name: Fi I e Case: Prepared By: Di recti on: Dar e: 2024 I SIGNAL CITY GATE @ 20% WI LSONMI LLER Sout h- bound 12/14/99 Descri pti on of Arterial Anal ysi s Peri od Length 0.25 hr Seg. Cross Street Na~e Length C1 ass Free FIow Speed (mph) Running Time (sec) Section 0 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 CR 961 SOD~H ACCESS RD 1.26 I 50 90.7 __I ntersecti on I)el ay Estimates Cycle Green v/c Lane Le..gth Ratio Ratio Cap. C g/C X c PVG Arr. I Unit if Type Fac- Ext. Input AT tot (sec) Init. Cntrl. Queue Delay (veh) (sec) Other Inter. Delay LOS (sec) 1 2 3 4 5 6 7 8 9 10 11 12 180.0 0.322 0.846 1671 3 1.OO03.0 0 61.5 0.0 E 14 15 Seg. ^rterial LeYel of Service Sect. Inter. Sum of Sum of Runni ng Control. Other Time by Length by Arterial Ti me Delay I)el ay Sect i on Secti on Speed (sec) (sec) (sec) (sec) ( mi ) (mph) Arterial LOS by Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 90.7 61.5 0.0 152.2 1.26 29.8 C Grand Sum of Time (x) = 152. 2 sec Grand Sum of Length (y) = 1.26 miles t. eri al Speed = 3600 x (y)/(x) = 29. 8 mph _erial Level of Service, LOS = C 1: 2: 3: 4: Intersection Files in the Analysis E: \acti vi ty9\S951120. hcs 5: 6: 7: 8: 9: 10: 11: !2: 13: 14: 15: fEB !3 2001 Pg. I Introduction 2--Vision Statement 3 Design Development 4 , Land Use & Transportation 5 Implementation Strat~g!es _ ~ ..... '~ ldix A F~S 13 200~ i Section ,.= Implementation Strategies IMPLEMENTATION STRATEGIES implementation of the IMP requires a well planned strategy. The BCC must take certain steps to initiate the improvement process--to bring these design concepts off the paper and into Activity Center #9. The following strategies provide the structure under which the IMP's design concepts can be implemented. Zoning Overlay As required by the BCC's adopted IMP study parameters, establishing a zoning overlay district will be one of the implementation strategies. The purpose of the overlay district, which will encompass all properties within the boundaries of Activity Center #9, will be to encourage and direct development within the activity center. The overlay district will ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. * Division 2.4 Landscaping and Buffering . Division 2.5 Signage * Division 2.6 Supplemental District Regulations · Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects Capital Improvement Plan The entry/exit gateway features, landscaping, directional signage, and lighting elements will occur within the public rights-of-way. The implementation mechanism for these projects will be the county's Capital Improvement Plan (CIP). Each element will have to be prioritized in the CIP with an identified funding source. In addition to local funding sources, such as general revenues and roadway revenues, Collier County should explore other applicable opportunities such as the Florida Highway Beautification Grant Program and Transportation Enhancement Activities. Land Development Code Amendments When establishing the study parameters, the BCC decided that the IMP shall apply to all undeveloped property within Activity Center #9. The activity center contains approved PUDs that are required to be developed in accordance with cited sections of the LDC (i.e., landscaping and buffering, signage). Therefore, these sections will need to be amended to provide a directional link to the Activity Center #9 zoning overlay district. LDC sections that will need to be amended include the following: Activity Center #9 Interchange Master Plan (iMP) FEB 13 200't, WilsPnMiller November2000 Section 5, Page I 2 3 4 Introduction Vision $tate~nent. Design Land Use & Transportation Development ~ '~ I' ~ 5 Implementation APPENDIX A FSUTMS MODEL PLOTS II / / / --X z 2001 I c) FEB t3 200! N I Introduction 2.. ,Vision Statement 4 3 Design Development: '"~ Land Use & Transportation 5 Implementation:~,:_. ~. .....~ ....... :,...,..: i..;~ ~p~pendix A FSUTM$. Nodel Plots:- ~. · . .. .. - ~1 '.~ ' ~ ~' ' ~'~e~ '~'e /' -- - -- ~e ,-~ .'. ~ ~..' . , ~ . .. ,.~- . ,-~,,,Appendix B~Sjgna!jzed.,Interse~tmn Analyses · ~. ', ~: ',. x~*:: ';~ ,' ,.- /~-u / ~-~' ~-c~;, ..~%~:~..~ ~' ~-' ~'":. ~ .:_~ ...:~.' '~ A'~,~ ~'~ FEB 13 2001 Naples Fort Myers Sarasota Tampa Tallahassee www. wilsonmiller. com 800-649-4336 FEB 13 2001 EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON A PROPOSED TIME TABLE AND WORK PLAN OUTLINE FOR AN UPDATE OF THE GOLDEN GATE AREA MASTER PLAN (GGMP) OBJECTIVE: To apprise the BCC of on-going and forthcoming Comprehensive Planning Section projects and resources applications, and receive direction on options and timing for the update of the GGMP CONSIDERATIONS: On January 9, 2001, the BCC directed the Planning Services Department staff to return on February 13, 2001 with a review and recommendations on the update of the Golden Gate Master Plan. The update will include the collection of current data with concurrent analysis resulting in the adoption of community standards, goals, objectives, and policies (GOPs) reflecting changed conditions since the original GGMP was adopted in February1991, and amended during the Evaluation and Appraisal Report (EAR) in 1997. The Comprehensive Planning Section currently has a wide array of on-going continuous functions and special projects underway or pending in the next I2-18 months which place available resources for the GGMP project at a premium. These activities are listed in attachment A. In order to schedule this project accordingly, staff is offering the following options: Belkin the GGMP restudy immediately with existing staff resources by postponing, the asterisked (*) activities identified in attachment A Staff anticipates this project will require approximately 1.25 full-time-equvelant (FTE's) to complete this project. This would be the quickest approach, but at the expense of other projects that staff is currently working on. The estimated time of completion would be May 2002. Prepare a RFP for consultant services to conduct the GGMP restudy beginning in the Spring 2001 utilizi. ng at~[~roximately 0,5 FTE of existing staff support for contract management and oversight. The Board would still have to postpone a project to accommodate the needed staff to manage the project. Engagement of consultant service for a March, 2001 start would require an additional appropriation from MSTD General Fund (111) of between $125,000-$200,000. The estimated completion date would be August 2002. Hire an additional professional staff immediate!y~ 1 or 2 at the Senior Planner level or higher. This option would lead to an estimated 6 months to begin in order to hire the employee . train and assign duties. This would cost an estimated $80,000 including benefits. The estimated completion date would be January 2003. FEB I 3 2001 Complete existing projects and,begin restudy in early 2002. In consideration of these on-going activities and functions, staff believes that the optimum starting time for the GGMP restudy and update would be early 2002 Staff anticipates that the GGMP restudy would take a little more than a year to complete with the needed public input via an appointed GGMP Review Advisory Committee. A summary work plan for the restudy would include the following activities: Activity Time Frame A. Resolution and appointment of Advisory Committee (60 days) Jan.-Feb., 2002 Schedule regular committee meetings to address: March-June, 2002 1) Rural Fringe Committee recommendations 2) Golden Gate Mobility Study 3) Community Character Plan recommendations 4) Commercial & Industrial Land Use Study 5) Conditional Use Locations/Need Analysis 6) GG Pkwy. 1-75 Interchange Implications/Adjacent Land Use Plans 7) Development of revised Goals, Objectives and Policies (GOPs) and revised land use designations descriptions C. Questionnaires/Survey of Residents April-May, 2002 D. Conduct Community Workshops July-Aug, 2002 E Prepare Revised Future Land Use Map Aug-Sept., 2002 F. Staff preparation of GMP Amendments; GOPs, text, maps Aug-Sept., 2002 G. Transmittal Public Hearings (DCA) October, 2002 H. Adoption Public Hearings (DCA) Feb.-March, 2003 I. DCA Compliance Determination March-April, 2003 This option would also allow staff the opportunity to include content from the Final Order Amendments, the Community Character Plan, the Commercial and Industrial Land Use Study, and the Golden Gate Estate Mobility Study (MPO) which will help define many of the options available to the Advisory Committee, staff, and the BCC in updating the GGMP. ~^ ~u FEB 1 3 2001 FISCAL IMPACT: Existing county staff and administrative expenses within the adopted FY02 County Budget will be utilized in the calendar year 2002 GGMP update scenario. Engagement of consultant service for a March, 2001 start would require an additional appropriation from MSTD General Fund (11 !) of between $125,000-$200,000. An additional staff member would cost an estimated $60,000. GROWTH MANAGEMENT IMPACT: An update of the GGMP to reflect changed conditions and community priorities since it's original adoption in 1991, and subsequent EAR amendment in 1997, would be consistent with the spirit and intent of the Growth Management Act to encourage the maintenance of County Growth Management Plans which are dynamic and a reflection of current community goals and priorities. RECOMMENDATION: That the BCC direct staff to incorporate a work-plan and schedule, as outlined above, for preparation of the update of the GGMP in calendar year 2002. It is further recommended that no private amendments to the GGMP be accepted in the calendar year during which the restudy is underway. PREPARED BY S~AN LITSINGER, IVE PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR .Pi ,,__R.~QOVED BY:/~ -~~INTERIM ADMINI~TRAT ).~NM. DUNNUC , , ~ OR DATE DATE AGENDA ITEM "°' ' FEB 1 3 2001 ATTACHMENT A Pro~ect A. "Final Order" Implementation 1 .) Rural Lands and Rural Fringe Committees 2.) Drafting; transmittal and adoption of Final Order Amendments B. Communi _ty Redevelopment Agency (CRA) 1 .) Bayshore/Gateway Redevelopment Plan Implementation * 2.) Immokalee CRA Redevelopment Plan Preparation C. Community Character Plan 1.) Select Committee support and liaison 2.) Consultant project management (Dover-Kohl) 3.) Community outreach strategy development implementation 4.) Preparation of implementing GMP and LDC amendments *D. Commercial & Industrial Land Use *E. F. 2.) 3.) Study Update (consultant assisted) Immokalee Housing Initiative BCC Workshops Transportation; Growth Management, Natural Resources, Economic Development Community Character O.ngoing Section Functions Petitions review for GMP consistency Annual GMP Amendment Cycle Preparation of the Annual Update and Inventory Report on Public Facilities (AUIR) Directive/Mandate Administration Commission BCC BCC BCC BCC BCC LDC/GMP GMP LDC/GMP/FS Estimated FTE 1.0 1.0 1.25 1.0 1.25 0.25 0.25 1.5 0.5 0.75 0.25 AGENDA ITE~ FEI 1 3 2001 4.) Management of the Certificate of Adequate Public Facilities (COA) process/concurrency determinations 5.) Customer meetings/routine correspondence/clerical & secretarial/advertising *6.) Annual Demographic Profile 7.) Maintenance, publication and distribution of GMP documents 8.) Preparation of LDC amendments to comply with GMP changes 9.) Census 2000 results integration into planning documents 10.) Annual update of population and dwelling unit estimates & projections LDC/GMP NA BCC NA LDC/GMP FS/GMP GMP Total 0.25 1.25 0.25 0.25 0.25 0.25 0.25 11.75 AGENDA ITEM .o.. FEB 18 2001 EXECUTIVE SUMMARY PETITION ST-99-3 COASTAL ENGINEERING REPRESENTING KEYSTONE HOMES REQUESTING A SPECIAL TREATMENT PERMIT TO ALLOW CONSTRUCTION OF RESIDENTIAL SINGLE FAMILY LOTS, STREETS AND ASSOCIATED INFRASTRUCTURE ON A PORTION OF THE PROPERTY WITH A SPECIAL TREATMENT (ST) OVERLAY (ST PARCEL 23A) LOCATED WITHIN THE PROPOSED LITTLE PALM ISLAND SUBDIVISION IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in the proposed development of a portion of a Special Treatment area. CONSIDERATIONS: The Petitioner requests a Special Treatment Development Permit, per Section 2.2.24 of the Land Development Code for development in an area with an "ST" overlay. This petition is being presented simultaneously with a request for administrative Preliminary Subdivision Plat approval. The Board of County Commissioners heard this petition on November 14, 2000. The discussion centered on the gopher tortoise preserve, the number of tortoises remaining on-site, and the number relocated off-site. Concerns were raised regarding the quality of the habitat and the location of the proposed preserves. After testimony from County staff, the petitioner, and the public, a motion was made and approved to continue the petition for 90 days. This project was initially submitted for review prior to the Board of County Commissioners approval of the Land Development Code (LDC) amendment for additional protection for gopher tortoises. Since the new'language was adopted prior to Little Palm Island receiving any final development order approval, the developer was required to modify the original proposal to accommodate the on site gopher tortoise preservation requirements. The LDC states that offsite relocation may be approved under certain circumstances which include the lack of suitable habitat, or if the preservation requirement for the site is met by the on site wetlands. For this site, suitable habitat does exist and the wetlands alone do not fulfill the native vegetation requirement. The code also states that when offsite relocation has been allowed that it shall still be priority to preserve scrub habitat when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. In order to meet the 25% native vegetation preservation requirements, the petitioner identified the remaining 7 acres as gopher tortoise preserves. Three acres were proposed in high quality habitat with existing tortoise burrows. The remaining 4 acres were proposed as created tortoise habitat to accommodate relocated tortoises. AGENDA ITEM FEB I 3 2001 The petition was consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element at the time of the original submittal. In consideration of the above, Staff finds the proposed construction to be consistent with the resolution conditions of Collier County Ordinance No. 91-102, Division 2.2.24, as amended (ST Development Regulations). The Environmental Advisory Council heard this petition at its September 6, 2000 meeting. After listening to County staff, the petitioner, and members of the public, a motion was made by Council Member Carlson and seconded by Council Chairman Cornell to approve ST-99-03. The vote on the motion was 4 to 1. (Council Member Santoro voted against the motion.) Assistant County Attorney Patrick White explained that a minimum of 5 votes is required to forward an official recommendation. Therefore the EAC forwarded ST-99-03 without a recommendation for approval, although the vote was 4-1 to approve. The petitioner requested that staff return the project for Board consideration without any changes to the plan. However during a recent meeting, it was verbally communicated to staff by the petitioner that changes in the labeling (not the acreage) of the site plan will be presented at the public hearing, in response to the Florida Fish and Wildlife Conservation Commission not accepting some of the proposed gopher tortoise preserve acreage. These changes may include re- labeling the northern and eastern "gopher tortoise preserves" as "retained native vegetation"; since the State believes these areas do not qualify as adequate habitat. This would also result in a reduction in the acreage of on site gopher tortoise preserve from approximately 7 acres to approximately 3 acres, but no net decrease in open space or retained native vegetation. If this petition were originally submitted for review under the current code, including the requirements for on site gopher tortoise preservation and scrub habitat preservation, staff would require protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and connection to off site adjacent gopher tortoise preserves. The petitioner proposed that gopher tortoises, which would have been preserved in the northern and eastern areas, now be relocated off-site. It should be noted that additional high quality gopher tortoise habitat currently exists on site, adjacent to the on site gopher tortoise preserve and the adjacent preserve at Colliers Reserve. The Board of County Commissioners may wish to consider that the 4 acres of lost gopher tortoise preserves can be provided for with high quality scrub habitat. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. This request would grant permission to develop an area that is currently zoned for residential development. GROWTH MANAGEMENT 1MPACT: Future Land Use Element: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of ...... A'~E~,~I~ iTEM FEB '1 3 2001 Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non-residential land uses. Therefore, if the Special Treatment Development Permit is approved, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: As this petition is presented, with 7 acres of gopher tortoise preserves, it complies with the applicable provisions of the Growth Management Plan and the Land Development Code; staff recommends approval of ST-99o3 subject to the stipulations in the resolution. AGENDA ITEM No. ~ FEB 1 3 2001 PREPARED BY: BARBARA S'. BURGESO~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION FR~D-R~IsCHL, AICP SENIOR PLANNER CURRENT PLANNING SECTION RON~I~ ~f~I~,'AICP, MANAGER CURRENT PLANNING SECTION ROBER MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT I- DATE f-/ DATE DATE DATE APPROVED BY: JOfl~ M. DUNNUCK, HI INF_,~ERIM COMMUNITY DEVELOPMENT ADMINISTRATOR DATE ENVIRONMENTAL SERVICES Executive summary/ST-99~3 3 FEB 13 2001 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 6, 2000 Item V.A. II. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Preliminary Subdivision Plat PSP 2000- 10 / Special Treatment ST-99-3 Little Palm Island ~ . Keystone Custom Homes Coastal Engineering Consultants, Inc. Passarella & Associates, Inc. LOCATION: The subject property is located between Colliers Reserve PUD and the Palm River Country Club subdivision; within Section 21, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is completely surrounded by residential/golf course communities. ZONING RSF/GC - Imperial Golf Estates RSF-3/GC - Palm River RSF-3/GC - Palm River PUD - Collier Tract 22 DESCRIPTION Residential and Golf Course Community Single Family Single Family Residential and Golf Course Community FEB 13 2001 EAC Meeting ...............................................................................................Sept. 6, 2000 ST-99-3 / PSP-2000- I 0 IV. Ve PROJECT DESCRIPTION: The applicant requests Preliminary Subdivision Plat (PSP) and Special Treatment (ST) Development Permit approval in order to construct a residential subdivision under the subdivision regulations. The Land Development Code authorizes the Planning Services Director to administratively approve PSPs. However, since this proposed development contains land with an "ST" zoning overlay, and an Environmental Impact Statement was required, the EAC is required to hear the petitions. The Planning Commission and the Board of County Commissioners will also hear the ST petition. ' '~ The petitioner previously applied for a Conditional Use for cjuster housing and an ST Development Permit on this same parcel. The EAC and the Planning Commission forwarded the petitions to the BCC with a recommendation of denial. Prior to the BCC hearing, the petitioner continued the petitions. The project was redesigned to include full size RSF-3 lots (the Conditional Use requested a reduced lot size) and to increase the size of the gopher tortoise preserve. The density has been further reduced from 1.8 units per acre to the proposed 1.63 units per acre. The proposed development consists of 141 home sites on 86.67 acres for a density of 1.63 units per acre, less than the maximum density of 3 units per acre permitted in the RSF-3 zoning district. The project retains the required 60% open space. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non- residential land uses. Therefore, if the Preliminary Subdivision Plat and a Special Treatment Development Permit are approved, the petitions shall be consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging 2 FEB 13 2001 EAC Meeting ...............................................................................................Sept. 6, 2000 ST-99-3 / PSP-2000- ! 0 into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes ~nd ihterconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation, wildlife issues and wetland issues, the following Goals, Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4, which requires the appropriate portion of native vegetation be preserved, by providing for on site preservation of 25% of the existing native vegetation. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Goal 6 of the GMP, protects the gopher tortoise population by providing the appropriate habitat on site and off site to try to ensure the survival of the on site tortoise population. Goal 6 states, "The County shall identify, protect, conserve and appropriately use its native vegetation communities and wildlife habitat". VI. MAJOR ISSUES: Water Management: The existing site consists of mostly undeveloped lands with some existing development on the eastern fringe. The existing developed portion consists of two 3 FEB 13 2001 EAC Meeting ...............................................................................................Sept. 6, 2000 ST-99-3 / PSP-2000-10 lakes adjacent to the Palm River community and golf course tracts. An existing 40-foot wide canal runs along the northern boundary. The canal functions as an outfall for the northern portion of the Palm River community. The two existing lakes and canal will not be incorporated into the proposed development's water management system. The completed project will consist of 141 residential lots. The front portion of the lots will runoff to the road via sheet flow, which drains directly to the lake system using a catch basin and pipe network. The rear portion of the lakefront lots will drain directly to the lakes. The rear portion of all other lots will drain into a rear yard swale and catch basin network conveying runoff into the lal~e'system. The lake system will be controlled at elevation 7.0' NGVD and will discharge to the existing canal near the northern boundary. Environmental: Site Descript. ion: The project area covers 86.67 acres, and includes 68.77acres of uplands, 10 acres of wetlands and 7.9 acres of previously created surface waters. The southwestern one half of the site is mostly uplands and consists of a combination of habitat types, which include pine flatwoods, scrub oak, scrubby flatwoods and previously disturbed lands. The uplands, particularly the oak scrub/scrubby flatwoods on site are high quality gopher tortoise habitat as evidenced by the large number of burrows surveyed by the consultant. A total of 165 active and inactive burrows were located within these areas. See the gopher tortoise sur~ey in the EIS for a map showing the locations and classifications of all identified burrows. The listed plant species noted during the field visits, was wild pine, also identified within the oak scrub/scrubby flatwoods area. Wetlands: The subject property has a Special Treatment (ST) overlay identified on the zoning maps as ST Parcel 23A, covering 20.21 acres. The following language is directly from the Purpose and Intent section for ST overlays, in the Land Development Code. "Within Collier County there are certain areas, which because of their assemblages of flora and/or fauna, their aesthetic appeal, their historical c 4 ue FEB 13 2001 EAC Meeting ...............................................................................................Sept. 6, 2000 ST-99-3 / PSP-2000- I0 archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the~systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." Exceptions may be granted for ST permit request where the proposed site alteration will not require any modification, with the exception of exotic vegetation removal, of the topography, drainage, flora or fauna on site. The application does not qualify for that administrative review and therefore must be presented to all three County Boards for review and approvals. The boundary of the ST parcel on this proposed Preliminary Subdivision Plat application covers 20.21 acres. Typically the consultant redefines the wetland boundary that is identified as jurisdictional to Collier County and Staff recommends removing all development impacts from that area. The consultant and South Florida Water Management District modified the wetland line and the current jurisdictional boundary encompasses approximately 10 acres, instead of the originally identified 20 acres. A_complete description of the wet]and area is available in the wetland section of the ElS. Staff's recommendation is to remove or minimize impacts to the ST wetland. The petitioner is proposing to mitigate for the impacts to the wetlands on lots 94 through 98 by providing a high quality, gopher tortoise habitat preserve and creating two other gopher tortoise preserves. Staff supports the owner's efforts to mitigate for the minimal impacts to the fringe wetlands and recommends that the developer be permitted impacts to lots 94 through 98. The petitioner has proposed compensation for the anticipated allowable impacts to the wetlands'with enhancement to the remaining 9.1 acres, and by creating gopher tortoise habitats in the 3 acre gopher tortoise relocation area at the north end of the property and within the .75 acre preserve at the southwest corner of the wetland. The high quality preserve at the west property line with be enhanced and maintained as a gopher tortoise preserve in perpetuity. 5 FEB 13 2001 P~...~~ EAC Meeting ...............................................................................................Sept. 6, 2000 ST-99-3 / PSP-2000-10 Preservation Requirements: Sixty-nine and a half (69.5) acres of existing native vegetation exists on site. As required by Collier County environmental ordinances, this project is required to retain a minimum of 25% or 17.4 acres of native vegetation or mitigate for that same area per Section 3.9.5.5.4 of the LDC. The plan shows 18.82 acres of native vegetation being preserved in wetland preserves, gopher tortoise preserves and upland native vegetation. The EIS describes 9.1 acres of wetland preserves and 9.7 acres of upland preserves that will be designated for this project. Staffs is recommending that the petitioner be allowed minimal impacts to the wetlands, in lieu of the fact that the site plan was redesigned to provide for the high quality gopher tortoise preserve area, identified along the western property line and the creation of habitat in the other two preserves. The smaller preserve adjacent to the wetland is existing gopher tortoise habitat, which may need some enhancement. Staff is still concerned about the acceptability of creating a gopher tortoise preserve on the 3~acre parcel north of the canal. This land currently has no suitable habitat for gopher tortoises and will require creating adequate habitat prior to relocating any tortoises into this area. Maintenance of the preserves will be the responsibility of the property owner. Listed Species: Two listed species were observed on site. They are gopher tortoise and common wild pine. There were 165 active and inactive gopher tortoise burrows located and flagged within the scrub oak/scrubby flatwoods communities on site. The petitioner proposes to obtain an Incidental Take permit from the Florida Fish and Wildlife Conservation Commission, which will provide funds to the State agency for the loss of gopher tortoise habitat. Collier County must protect the species in accordance with the Collier County Land Development Code and Collier County Growth Management Plan, Conservation and Coastal Management Element. They will be required to provide a Relocation/Management plan for the tortoises they are proposing to relocate or keep in place. Approximately 17 tortoises will be maintained within the three preserves on site. It is their proposal to enhance these areas with appropriate herbacious plant species to serve as additional food sources for the relocated gopher tortoise. The remaining tortoises will be relocated in accordance with the Florida Fish and Wildlife Conservation Commission, to the Bonness mine or quarry. 6 FEB 13 2001 EAC Meeting ...............................................................................................Sept. 6, 2000 ST-99-3 / PSP-2000-10 VII. RECOMMENDATIONS: Staff recommends approval of Preliminary Subdivision Plat PSP-2000-10/Special Treatment No. 99-3, "Little Palm Island" with the following stipulations: Water Management: Water Management concerns will be reviewed at time of Site Development Plan Submittal. This project will be permitted by South Florida Water Management District. ' ' Environmental: This Subdivision shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approvals. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning. Environmental Staff. Rempval of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. Petitioner shall comply with the guidelines and recommendations of the U.S, Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Prior to Final Subdivision Plat approval, all gopher tortoise preserves shall be identified on the plat with protective covenants. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded ctho AC_OIO,~ rrr:Ja plat with protective covenants per or similar to Section 704.06 of th~ 3, jJf,~ v FEB 13 2001 EA¢ M~¢t~n~ ...............................................................................................S~pt. 6, 2000 ST-99-3 / PSP-2000-10 Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. A Gopher tortoise reloeation/managemeat plan shall be submitted for review and approval, prior to final Plan/Construction Plan submittal, in accordance with Section 3.11 of the CCLDC. The approved language shall be added to the Construction Plans. Off-site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas;~ shall be submitted with the above mentioned plan. PREPARED BY: · . '~:~_~_ . ,... ~ · ~. .> ., ,."i.'>':~., ,ry~t:~.-.- ~ ....'. . ~.'~-~ .&.~-~,~". .......~'.. '...' '.. ~ .... STAN CHRZANOW~KI, P.E. SENIOR ENGINEER DATE REVIEWED BY: SENIOR PLANNER THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER 8 DATE DATE DATE FEB 13 2001 EAC Meeting ...............................................................................................S~-pt. 6, 2000 ST-99-3 / PSP-2000-10 CURRENT PLANNING MANAGER DATE ROBERT~IRECTOR PLANNING SERVICES DEPARTMENT DATE .&PPROVE!$ BY:' ' ? VINCENT A. CAUTERO, AICP, ADMINISTRATOR COIvlMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE AC,~NDA ITEM FEEt 13 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SE.R. VICES DIVISION DATE: SEPTEMBER 18, 2000 SUBJECT: ST-99-03 (LITTLE PALM ISLAND) PROPERTY OWNER/AGENT: OWNER: Palm River Estates, Inc. 113 Viking Way Naples, FL 34109 CONTRACT PURCHASER: Keystone Custom Homes 9051 Tamiami Trail North, Suite 202 Naples, FL 34108 AGENT: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The applicant requests a Special Treatment Development Permit (ST Permit) which will allow administrative review to continue on a Preliminary Subdivision Plat (PSP). FEB I 3 2001 AGENDA ITEM FEB ]. 3 Z001 25 r Mo I I I I Jo I Io ZONE AE ."EL 11)- \ RSF-3 NON--ST GC NDICATES SPECIAL TREATMENT OVERLAY iNDEX pALM W LIl'A1tS LN1 Z p~L,M ~ [ST&'KS LIMI 3, PALM ~ !'STAW, S 1J,41 · pALM ~ (SIA'I~S LIra! S I$ ~ NON-ST S1 ST PARCEL 23& ~O. 21AC ! I I I ZONE GC PAI3d RfV~R G(X.Ir COURSE · AC~NDA ITEM FEB 1 3 2001 LOCATION: The subject property is located between Colliers Reserve PUD and the Palm River Estates subdivision; within Section 21, Township 48 South, Range 25 East, Collier County, Florida. The site consists of approximately 86.67 4- acres. DESCRIPTION OF PROJECT: The applicant requests Special Treatment (ST) Development Permit approval in order to ' construct a residential subdivision under the subdivision regulations. The Land Development Code authorizes the Planning Services Director to administratively approve PSPs. However, since this proposed development contains land w~th an "ST" zoning overlay, and an Environmental Impact Statement was required, the EAC was required to hear both petitions. This ST petition will also be forwarded to the Board of County Commissioners for final review. The petitioner previously applied for a Conditional Use for cjuster housing and an ST Permit on this same parcel. The EAC and the Planning Commission forwarded the petitions to the BCC with a recommendation of denial. Prior to the BCC hearing, the petitioner continued the petitions. The project was redesigned to include full size RSF-3 lots (the Conditional Use requested a reduced lot size) and to increase the size of the gopher tortoise preserve. The density has been further reduced from 1.8 units per acre to the proposed 1.63 units per acre. The proposed development consists of 141 home sites on 86.67 acres for a density of !.63 units per acre, less than the maximum density of 3 units per acre permitted in the RSF-3 zoning district. The project retains the required 60% open space. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned RSF-3 SURROUNDING: North: East: South: West: Imperial Golf Estates; zoned RSF-3 & GC Palm River Estates; zoned RSF-3 & GC Palm River Estates; zoned RSF-3 & GC Collier's Reserve; zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: AGENDA ITEM .o. FEB 1 3 ZOO1 Future Land Use Element: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map o7 the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to 2 accommodate a variety of residential and non-residential land uses. Therefore, if the Special Treatment Development Permit is approved, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation, wildlife issues and wetland issues, the following Goals, Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4, which requires the appropriate portion of native vegetation be preserved, by providing for on site preservation of 25% of the existing native vegetation. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Goal 6 of the GMP, protects the gopher tortoise population by providing the appropriate habitat on site and off site to try to ensure the survival of the on site tortoise population. Goal 6 states, "The County shall identify, protect, conserve and appropriately use its native vegetation communities and wildlife habitat". HISTORIC/ARCHAEOLOGICAL IMPACT: Staff 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. An Historical/Archaeological Survey and Assessment waiver is not required. AGENDA ITEM No. FEB 1 3 Z001 3 STAFF ANALYSIS: The subject property has a Special Treatment (ST) overlay identified on the zoning maps as ST Parcel 23A, covering 20.21 acres. The following language is directly from the Purpose and Intent section for ST overlays, in the Land Development Code. "Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, their historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xenc scrubs, coastal beaches, estuaries, cypress domes, · natural drainage-ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." Exceptions may be granted for ST permit request where the proposed site alteration will not require any modification, with the exception of exotic vegetation removal, of the topography, drainage, flora or fauna on site. The application does not qualify for that administrative review and therefore must be presented to all three County Boards for review and approvals. The boundary of the ST parcel on this proposed Preliminary Subdivision Plat application covers 20.21 acres. Typically the consultant redefines the wetland boundary that is identified as jurisdictional to Collier County and Staff recommends removing all development impacts from that area. The consultant and South Florida Water Management District modified the wetland line and the current jurisdictional boundary encompasses approximately 10 acres, instead of the originally identified 20 acres. A complete description of the wetland area is available in the wetland section of the EIS. Staff's recommendation is to remove or minimize impacts to the ST wetland. The petitioner is proposing to mitigate for the impacts to the wetlands on lots 94 through 98 by providing a high quality, gopher tortoise habitat preserve and creating two other gopher tortoise preserves. Staff supports the owner's efforts to mitigate for the minimal impacts to the fringe wetlands and recommends that the developer be permitted impacts to lots 94 through 98. The petitioner has proposed compensation for the anticipated allowable impacts to the wetlands with enhancement to the remaining 9.1 acres, and by creating gopher tortoise habitats in the 3 acre gopher tortoise relocation area at the north end of the property and within the .75 acre preserve at the southwest comer of the wetland. The high quality preserve at the west property line with be enhanced and maintained as a gopher tortoise preserve in perpetuity. 4 AGENDA ITEM FEB 1 3 2001 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission recommend approval of ST-99-03 to the Board of County Commissioners, subject to the stipulations in the Resolution. EAC RECOMENDATION: The Environmental Advisory Council heard this petition at its September 6, 2000 meeting. After listening to County staff, the petitioner, and members of the public, a motion was made by Council Member Carlson and seconded by Council Chairman Cornell to approve ST-99-03. The vote on the motion was 4 to 1. (Council Member Saunter voted against the motion.) Assistant County Attorney Patrick White explained that a minimum of 5 votes are required to forward an official recommendation. Therefore the EAC forwarded ST-99-03 without a recommendation for approval, although the vote was 4-1 to approve. 5 AGENDA ITEM NO, FEB 1 3 2001 PREPARED BY: SENIOR ENVIRONMENTAL SPECIALIST DATE DATE REVIEWED BY: CURRENT PLANNING MANAGER DATE DATE VINCENT A. CA~O, AICP DATE COMlVlUNITY DEVELOPMENT & ENVIRO~AL SERVICES ADMINISTRATOR Petition ST-99-03 COLLIER COUNTY PING. COMMISSION: 6 AGENDA ITEM NO., FEB 1 3 ;'001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER ST-99-3 FOR SPECIAL TREATMENT DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF RESIDENTIAL SINGLE FAMILY LOTS, STREETS AND ASSOCIATED INFRASTRUCTURE ON A PORTION OF THE PROPERTY WITH A SPECIAL TREATMENT (ST) OVERLAY LOCATED WITHIN THE PROPOSED LITTLE PALM ISLAND SUBDIVISION IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes has conferred on Collier County, the power to establish, coordinate and enforce, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant thereto has adopted Ordinance 91-102 as amended which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Commissioners, being the duly elected constituted board of the area hereby affected, has held a public hearing after due notice as in said regulations made and provided, and has considered the advisability of allowing the construction of residential single family lots, streets and associated infrastructure on a portion of the property having an "ST" overlay, as shown on the attached plans, Exhibits "A" and "B", and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and is in accordance with Section 2.2.24 of the 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 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Petition ST-99-3 filed by Coastal Engineering, Inc., representing Paula Davis, Keystone Custom Homes, with respect to the property more particularly described as the proposed Little Palm Island Subdivision, be approved for a Special Treatment Development Permit allowing the construction of residential single family lots, streets and associated infrastructure as shown on he attached plot plan, Exhibit "A", in an RSF-3/ST zoning district wherein said property is located, subject to the following conditions: 1) Development within the ST overlay shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. -1- AGENDA ITEM NO. FEB 1 3 2001 2) 3) 4) 5) 6) 7) 8) Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Staff. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected · wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction plan approval A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of Site Development Plan (SDP) or construction plan submittal. The approved language shall be added to the SDP or construction plan. Off-site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. Minor revisions to Special Treatment Development Permit No. ST-99-3, including changes in siting and structures, may be approved, in writing, by the Planning Services Director or his/her designee, as long as such changes do not cause any greater impact to the protected, redefined wetlands than is presently permitted by the issuance of this permit. -2- AGENDA ITEM FEB 1 3 2001 BE IT FLrRTHER RESOLVED that this Resolution relating to Petition Number ST-99-3 be recorded in the minutes of' this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: ~;larjc~e M. Student Assistant County Attorney James D. Carter, PhD., Chairman bsb/ST Resolution -3- AGENDA ITEM No. FEB '1 3 2001 _] II Exhibit AGENDA ITEM NO. " ~/~,5 FEB 1 3 ~00~ !.1/4 OIL 23 ZONE AE ." ':- L 11)- I I I I I I I I HON-SI' GC NON-ST s1 ST PARC[L 23A 20.21AC N~)!CATES SPECIAL TREATMENT OVERLAY i ff~LM ~ CSTAI~S Lilt 1I'4dt IVCI CS1&'K.S UWI P~LM ~ [SLAWS ~N1 PALM ~ [SIA'KS Ill F'J~LM ~ rs1'q~S LNI 51.JBOI~SION INDEX I I I I I ZONE GO PAL~ RlV[R GOLF COURSE FEB 1 3 2001 EXECUTIVE SUMMARY REQUEST APPROVAL TO ENGAGE DESIGN/BUILD CONTRACTOR FOR A NEW BRIDGE AND APPROACHES AT THIRTEENTH STREET SW OVER THE GOLDEN GATE MAIN CANAL ~'0BJECTIVE: To obtain Board approval to solicit Requests for Proposals for a Design/Build Contractor to provide design engineering and construction contracting services for a two-lane bridge and approach roadways over the Golden Gate Main Canal. - CONSIDERATIONS: For several years, the Golden Gate Fire District, the Collier County Sheriffs Office, and the Collier County EMS Department have requested that the Transportation Division provide a bridge crossing at Thirteenth Street SW to provide a developing area of residences with a secondary outlet in case of emergency and to provide a shorter response time for the emergency services providers. This location is favored because of the location of the existing public service and emergency service facilities located at the intersection of Thirteenth Street SW and Golden Gate Boulevard. The attached map (Attachment No. 1) shows the location of the proposed project. Until recently, homeowners and civic groups have been reluctant to endorse this proposal. The main reason given is that such a connection would alter the "dead end residential" character of the two portions of the street to be connected and create a collector street. At a recent meeting with the Golden Gate Estates Civic Association, a poll indicated that this neighborhood reluctance has changed to a desire for increased safety and shorter emergency response times. Staff has developed a unique approach to implementing this project. In the interests of keeping costs low and keeping the schedule on a fast track, staff is recommending that a design/build approach be taken to move the project forward. A design/build contractor would be responsible for design, permitting and construction. Collier County will retain constriction engineering and inspection (CEI) responsibility to assure stringent quality control. Although not specified in the FY 2001 Adopted Budget under Capital Improvements, this project can be brought forward and implemented this fiscal year as a consequence of revised scheduling of other capital projects, FISCAL IMPACT' The total estimated cost for the project, including professional fees and permitting, is about $1,100,000. This estimate includes the bridge structure, the approach roadways, all desing and permitting cost, contractor's overhead and profit, and County staff and consultant costs for the CEI work. If approved, funds will be transferred from the Livingston Road Project and into this new project once a project number has been assigned. Funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: The proposed bridge and ap necessary to provide for decreased response time for emergency services consistent with the Collier County Growth Management Plan. ~roaches will be AG,,E,, NDA FEB ! 3 2001 Executive Summary Approval To Engage Design/Build Contractor For A New Bridge Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners: a) b) Authorize the necessary Budget amendment(s); and, c) Authorize the County Attorney's Office to develop agreement form. SUBMITTED BY: Edward J. Kant~f~o~--6perations Director REVIEWED BY: /Q~~/~~,/~.b_~l annin g D,rec tor REVIEWED BY: Steve Milldr, P.E., Transportation Engineering AF;PROVED BY: Notman E. Feder, AICP, Transportation Administrator Authorize staff to procure a design/build contractor via a Request for Proposals; the appropriate contract DATE: DATE: ?-'/z,,/'~ ! & Construction Management Director DATE: 2- ,,'-~' l Attachments: No. 1 - Location Map ' AGENDA ITEM ' NO-~4 FEB 1 3 2001 Pg. ~o 'M*S !3~t~LS H.LL~ ~'S £33~U,S H.LL~. ITEM FEB Pg. 1 3 2001 EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO RELOCATING THE PROPOSED SITE FOR AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, RFP 99-2926, PROJECT 74030 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, in the spirit of cooperation with the City of Naples City Council, adjust the location for a proposed reclaimed water aquifer storage and recovery (ASR) system. CONSIDERATIONS: In a joint meeting with the City of Naples City Council (City) on February 1, 2001, a proposal was offered by Commission Vice-Chairwoman Mac'Kie to relocate the proposed site of a reclaimed water ASR system from the site of the North County Water Reclamation Facility (NCWRF) to a site known as the Pelican Bay Well field. This wellfield produces raw water to supplement the Pelican Bay reclaimed water irrigation system. As shown in the attached figure, the Pelican Bay Well field is located along Livingston Road north of Immokalee Road. The City has filed a Request for Administrative Hearing in opposition to Florida Department of Environmental Protecti'on's (FDEP) Intent to Issue a Permit for the County to perform exploratory drilling at the NCWRF site as a data-gathering step towards implementing a reclaimed water ASR system at that site. The County can withdraw the FDEP permit application for the NCWRF site and end the legal proceedings; however, the City has not provided assurances that they will support the permitting process at the County's new proposed site. A professional services agreement with Water Resource Solutions, was approved by the Board on August 3, 1999; Agenda item 16(B)(23) and amended on December 14, 1999; Agenda item 16(B)(13). A summary of total fees approved and proposed are as follows: A summary of total fees approved and proposed are as follows: Original Agreement Amendment 1 Amendment 2 (proposed) Total (proposed) Fees $361,077 69,052 $350,000 $780,129 Scope of Services Design, Test Drilling, and Permitting Additional Test Drilling and Casing Relocate Test Drilling to New Site With Board approval and authorization, Staff will negotiate a proposed scope and compensation, and, the Utilities Administrator will execute the proposed amendment in an amount not-to-exceed $350,000, subject to approval by the County Attorney as to form and legal sufficiency. Executive Summary Approve Amendment - Aquifer Storage and Recovery Page 2 FISCAL IMPACT: The total cost of this amendment will not exceed $350,000. Funds are budgeted and available in the Reclaimed Water ASR project in the County Sewer Capital Projects. These funds were originally approved to provide an ASR test well during FY01. Given the additional time needed to relocate the project to a new site, funds to provide an ASR test well will be requested in the FY02 budget. Source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future effluent management needs in the north wastewater service area and is consistent with our current Wastewater Master Plan, as adopted by the Board on July 22, 1997, agenda items 12(C)(4) and 12(C)(5). RECOMMENDATIONS: That the Board of County Commissioners,' ~is the Ex-Officio governing board of the Collier County Water-Sewer District, approve a plan to relocate a proposed reclaimed water ASR site, authorize the Public Utilities Administrator to execute an amendment to Professional Services Agreement with Water Resource Solutions to reflect the work required for changing to the new site, and, that the Board provide direction to withdraw the current FDEP permit application for exploratory drilling at the NCWRF site, Project 74030. SUBMITTED BY: Karl W. Boyer; P.E., Interim Utilities Engineeri#g D~r~' ector APPROVED BY: .4:ames v. Mudd, P.E., Public Utilities Administrator FEB I 3 001 R ~5 E I R ~ E AREA - WIDE WATER SUPPLY AND RECHARGE SCALE EXECUTIVE SUMMARY APPROVAL AND RATIFICATION OF CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS, LOCAL 1826, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. OBJECTIVE: Approval and ratification of contract between the Collier County Board of · County Commissioners and the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. CONSIDERATION: In an effort to achieve and maintain harmonious relations between the Collier County Board of County Commissioners (County) and the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (Union), a contract has been negotiated and agreed upon by the representatives of both agencies. This contract establishes a joint responsibility for maximizing the efficiency and productivity of employees (as specified) and provides a procedure for the resolution of claims that either party has violated this Agreement. The contract will remain in effect until midnight, September 30, 2003. Either party may reopen negotiations for a new contract during May, 2003, by notifying the other party of intent to terminate. Failure to give notice of termination and intent to reopen negotiations will result in this Agreement automatically renewing until notice is given during May of any subsequent year. FISCAL IMPACT: Funding for all immediate costs are covered by the current (2000/2001) budget. Subsequent two contract years will be negotiated pursuant to Chapter 447, Florida Statutes and this Agreement, the cost of which will become part of the proposed budget for each specific year. GROVVTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve and ratify this contract between the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. SUBMITTED BY: APPROVED BY: REVIEWED BY: XGeorg~F~.-' Bradley, Direct~/ Human Resources Department JoAnne Leamar, Administrator Support Services Division Gary W. P~auc-l=Famp, Empl ~eo~~tions Sup~-~'s~-~ Human Resources Departme~ Date: //~//0/ / C ONTI~a_CT BETWEEN COLLIER COL~NTY BOARD OF CO/'~'TY COMMISSIONERS AND SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS LOCAL 1826 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. Effective Dates: FEB Pg.__./ TABLE OF CONTENTS ARTICLE 1 - PREAMBLE ......................................................................· .......................................6 ARTICLE 2 - RECOGNITION .......................................................................................................8 ARTICLE 3 - 1VLA2NAGEMENT RIGHTS ....................................................................................10 ARTICLE 4 - STRIKE PROHIBITION AND WORK REQUIREMENTS .................................14 ARTICLE 5 - NON DISCRIMINATION .....................................................................................16 .ARTICLE 6 - DUES DEDUCTION ..............................................................................................18 ~ARTICLE 7 - PA_RT-TLME EMPLOYEES ..................................................................................24 .ARTICLE 8 - SENIORITY ...........................................................................................................26 ~ARTICLE 9 - GRIEV.AxNCE AND A. RBITRATION PROCEDURE .....................................~ .....30 ~ARTtCLE 10 - PERSONNEL REDUCTION ...............................................................................38 :ARTICLE 11 - PROMOTIONS WITHIN Uq'4IT .........................................................................40 .ARTICLE 12 - HOURS OF WORK AND OVERTIME ..............................................................42 .ARTICLE. 13 ? SICK LEAVE .......................................................................................................46 ARTICLE 14 - VACATION LEAVE ...........................................................................................52 ARTICLE 15'- LEAVES OF ABSENCE ......................................................................................60 .ARTICLE 16 - BEREAVEMENT/JURY DUTY/WITNESS DUTY ...........................................64 ARTICLE 17 - MILITARY LEAVE .............................................................................................68 .ARTICLE 18 - SHIFT EXCHANGE ............................................................................................70 ARTICLE 19 - HOLDAYS ................................................................7 .........................................76 ARTICLE 20 - tL{TES OF PAY ...................................................................................................78 2 Afia, E~'~. A ITEH FEB 1 3 2001 TABLE OF CONTENTS (Cont'd.) ARTICLE 2 ! - BENEFIT OPTION PLAN ...................................................................................82 ARTICLE 22 - RET]2~_EMENT PLAN. .........................................................................................84 ARTICLE 23 - TUiTION KEIM~URSEMEN~ ...........................................................................86 ARTICLE 2`4 - OUTSIDE ACTEv~ITIES ......................................................................................88 ARTICLE 25 - BULLETEN BOARD SPACE ..............................................................................90 ARTICLE 26 - UNION BUSEN~ESS .aND LZNION TIME BA~N~K ...............................................92 .&RTICLE 27 - UNIFORMS AND EQ~PMENT ........................................................................94 :ARTICLE 28 - ~SCELLANEOUS .............................................................................................98 .ARTICLE 29 - HEALTH AND SAFETY ...................................................................................102 ARTICLE 30 - .~dzCOHOL AND DRUG TESTLNG ..................................................................! 0,4 ARTICLE 31 - STATION FACILITIES .....................................................................................108 ARTICLE 32 - STAFFING .........................................................................................................112 ARTICLE 33 - CONLMUNITY AND SPECIAL EVENTS ........................................................! 16 ARTICLE 3`4 - EDUCATIONAL INCENTIVES .......................................................................! 20 ARTICLE 35 - LICENSURE ......................................................................................................122 ARTICLE 36 - IN-SERVICE/CONTINULNG EDUCATION TRA1-N~G ...............................124-- ARTICLE 37 - OUT-OF-TOWN TRANSFERS AND TRAVEL ..............................................126 ARTICLE 38 - MEDICAL QUALITY ASSURANCE .......................~ .......................................128- ARTICLE 39 - SAVINGS CLAUSE ..........................................................................................130 ARTICLE 40 - DURATION .......................................................................................................132 3 F£B 32001 TABLE OF CONTENTS (Cont'd.) APPENDIX A - COUNTY ADMINISTRATIVE PROCEDURE 5351 - DISCIPLINE APPENDIX B - GENERAL ORDER - LIEUTENANTS APPENDIX C - EXECUTIVE SU2MMARY - BENEFIT OPTION .A~PPENT)IX D - COUNTY ADMINISTtLa, TIVE PROCEDURE 5805 - ELIGmLLITY TO DRIVE COUNTY VEHICLES 4 A~: '"'r"~- ITEM FEB 1 3 ~o01 ALL PAGES WITHIN ARE IN ORDER. NUMBERED PAGES MISSING IN SEQUENCE WERE INTENTIONALLY LEFT BLANK AND WERE NOT COPIED FOR THIS AGENDA ITEM SINCE THEY WERE THE BLANK SECOND SIDE OF A TWO-SIDED PAGE. ARTICLE 1 PREAMBLE Section 1.1 - Parties In accordance with Chapter 447, Part lI of the Florida Statutes, tiffs Agreement is entered into by and between Collier County Board of County Commissioners (hereinafter "County" or "Emergency Medical Service") and the Southwest Florida Professional Fkefighters, Local 1826, International Association of Firefighters, Inc. (hereinafter, the "Union"). Section 1.2 - Purpose It is the intended purpose of this Agreement to achieve and maintain harmonious relations between the County and the Union. It is contemplated that this Agreement will serve the public interest by maximizing the efficiency and productivity of employees and providing fair treatment and compensation, and provide a procedure for the resolution of claims that this Agreement has been violated by either party. Section 1.3 - Responsibility The Union further recognizes the responsibilities imposed upon it as the exclusive bargaining agent of the Employees who are covered by this Agreement. The Unisn ~ecognizes that in order for the County to provide maximum opportunities for the continuing employment and good working Conditions, the County must be in a strong position, which means it must do business at the lowest possible cost consistent with fair labor standards. 6 Therefore, the Union, through its bargaining AGE .~ A ITEF4 1 3 2001 position, assumes a joint responsibility in the attainment of the aforementioned goals and agrees it will cooperate with the County through its agents and designated stewards by supporting the County's efforts to achieve a fair day's work by the employees covered by this Agreement, to actively combat absenteeism, slowness, and all other >ractices by employees which restrict or tend to restrict productivity. 7 ARTICLE, 2 RECOGNITION Section 2.1 - Unit Description The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the County as certified by the Florida Public Employees Relations Comm/ssion in Case No. RC- 99-027, Cert. No. 1273, October, 1999. The appropriate bargaining unit is comprised of full-time and regular part-time employees in the following classifications: INCLUDED: Emergency Medical Technician Paramedic Paramedic Trainee Paramedic/Firefighter Helicopter Pilot Lieutenant Lieutenant/Paramedic/Firefi oghter EXCLUDED: Managerial Employees Confidential Employees All employees not specifically included in the above-described unit. Section 2.2 - Part-Time and Temporary Employees The County reserves the right to hire part-time or temporary on-call employees to perforrfi' bargaining unit work, provided that the County will not use part-time or temporary employees to fill regular, budgeted full-time positions while employees are laid ~)ff~md eligible for and subject to recall under Article 10. 8 FEEl I 3 2001 ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 - Specific Rights The management of the Emergency Medical Service ("EMS") and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to eliminate the operation or any pan thereof; to change station locations; to increase or decrease the number of stations; to establish or eliminate battalions; to assign or reassign personnel within or among battalions or within or among skiffs or stations on a temporary or permanent basis, consistent with the Agreement; and to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to establish and modify job descriptions; to assign and require employees to work overtime; to establish and change hiring procedures; to set the work schedules consistent with the Agreement; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change EMS policies, procedures, rules- of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards of c~nduet and work of employees; to establish or change 9perational standards; to determine the services to be provided by the EMS; to discipline, demote or discharge employees for proper cause; to lay off employees firore duty for lack of work or for other legitimate reasons; to establish requirements for employment; to promote 10 FFB I 3 2001 employees and to have complete authority to exercise those rights and powers incidental thereto, including the right to aker or.vary past practices as may be necessary for the orderly and efficient operation of the EMS, shall all be vested exclusively in the County, subject only to such restrictions governing the exercise of these rights as are expressly and specifically provided in this Agreement. The County's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the County from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 - Reserve Rights There shall be complete regard for the right, responsibilities and prerogative of County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. Section 3.3 - Civil Emergency If, in the sole discretion of the Chair of the County Commission, or if unavailable, the Vice Chair, or if unavailable, the County Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, humcane cond/tions or other catastrophes, the provisions of this Agreement may be suspended by the County during the time of the declared emergency, provide,d that wage rates and monetary fringe benefits shall not be suspended. ll 2001 Section 3.4 - Incidental Job Duties It is understood by the parties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other job related duties not specifically contained in their job description. Section 3.5 - Inherent Management Functions Those inherent managerial functions, prerogatives and policy-making rights which the County has not expressly modified or restricted by a specific provision ofth/s Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. Section 3.6 - Policy Changes ·" The County agrees to provide notice to the Union, in writing, of any change in EMS policies or rules of general application prior to implementation, which would affect members of the bargaining unit. If the written notice affects wages, hours of work or terms of employment, absent exigent circumstances the Union will have fourteen (14) calendar days from the date of the notice or, if no notice was given, l~om the date the internal Union official(s) became aware of any proposed change, to file any objections to the proposed changes with the'Co~,~:nty, which shall consider the objections before making its final decision. The objections, if any, will be filed with the Emergency Medical Services Chief or designee. 12 Section 3.7 - Designee Unless a specific Section of the Agreement states to the contrary, the EMS Operations Ckief is a designee of the Emergency Medical Services Chef. 13 AGE ~[}A ITEM FEB 1 3 ZOO1 .a~RTICLE 4 STRIKE PROHIBITION 'AND WORK REQUIREbfENTS Section 4.1 - Strike Prohibition The Union and bargaining unit members do not assert and will not assert or advodate any right to engage in any work stoppage, slow dow~n or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union also occupies a position of special amst and responsibility in maintaining and bringing about compliance with this :Article and the strike prohibition of Section 447.505, Florida Statutes and the Constitution of the State o£Florida, A_rticle 1, Section 6. Section 4.2 - Discipline Recognize, d Any and all employees who violate any provision of the law prohibiting strikes or this Article shall be disciplined, up to and including discharge, by the County,'. Section 4.3 - Remedies It is expressly agreed and understood that in the event of a strike, the County may, in addition to other remedies available to it under law, petition a court of competent jurisdiction for appropriate injunctive rehe£, and/or cancel tiffs Agreement. fithis Agreement is Cancelled as a result of a strike, the parties agree that the County has all the rights it had prior to the time the Union was certified and that it may make unilateral changes in wages, hours or terms and conditions of employment. 14 FEB 2001 ARTICLE 5 NON DISCRIMINATION Section 5.1 -Union/Non-Union Activity There shall be no discrimination, interference, restraint, or coercion by the County against any employee for activi~ on behalf of, or membership in, the Union. There shall be no discrimination, interference, restraint or coercion by the Union or any Union member against any employee because of that employee's refusal to join the Union or participate in Union activin. Section 5.2 -Protected Class Employee 'rights as provided by local, state andJor federal law are hereby recognized; provided that allegations of discrimination based on race, sex, reli~on, national orion, disabili~, age or color or any other current or future protected class will be resolved in the appropriate court or administrative agency and not under Article 9, Grievance and Arbizration Procedure. 16 ARTICLE 6 DUES DEDUCTION Section 6.1 - Authorization The Count-y, through the Office of the Clerk of the Court of Collier County, shall deduct from the pay of all Umon members who author/ze such deduction, the monthly dues payable to the Union. The County. reserves the right to bill the Union for the cost of dues deduction if the Clerk of the Court charges the County. for this service. Section 6.2 - Deduction Payroll deduction shall be accomphshed in equal shares on the first and second pay period of each mohth. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues fi'om specially prepared checks, such as early vacation pay. Section 6.3 - Form Employees desiring the dues deduction shall autlaor/ze it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit 1. Section 6.4 - Indemnification The Union agrees to indemnify the County and the Clerk of the Court, and hold them harmless, fi-om and against any liability, real or asserted, 18 of any kind or nature whatsoeyer, to, arty i FEB 1,32001 person or party, on account of the County or the Clerk's compliance or efforts to comply with this Article. Neither the County nor the Clerk of the Court has any obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 - Certification of Dues Amount It shall be the Union's obl.igahon to'keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Pay will only be deducted for employees who comply with Section 1 of this .~t/cle and who authorize deduction of dues by executing Exhibit 1. Section 6.6 - Transmission of Dues to Union The monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7- Limitation on Deductions No deductions will be made at any time for any monies representing fines, fees, penalties, or special assessments. Section 6.8 - Effective Date of Deduction The obligation to commence making deductions on account Of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of the month by the County. 19 Section 6.9 - Cancellation Any employee may withdraw' from membership in the Umon at any time upon 30 days wrirten notice to the County and the Union. Upon receipt of such notification, the Coun .ty shall terminate dues as soon as practical. Section 6.10 - Role of Collier County Clerk of Court It is understood that the Clerk of the Court is a Constitutional Officer and is not subject to control by the Colher County. Board of County Commissioners. Preparation of the County's payroll and Union dues deduction is a service provided by the Collier Coun .ty Clerk of the Court. Therefore, the County is neither responsible nor liable for failure to withhold Union dues or mistakes made in dues deduction by the Clerk's Office. The County. will work with the Union to correct any mistakes made by the Clerk's Office. 20 FEB I 3 2001 ARTICLE 6 -- EXHIBIT 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIO~RS AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County. Board of County Commissioners, through the Cierk of the Court of Collier County, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/LA.F.F., Inc., and further authorize the remittance of such amounts to said local Union in accordance with the currently effective Agreement between the County and the Union. This authorization is revocable by a notice in writing to the Collier County. Board of County. Commissioners. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the County and the Clerk, and the respective agents and employees of each from any liability therefor. N_~ME DATE SOCIAL SECLrRITY NUMBER SIGNATURE AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop deducting the sum which was designated and current by the Treasurer of Local 1826/I.A.F.F., Inc. from my wages. NAME DATE SOCIAL SECURITY NUMBER -SIGNATURE This form will be effective for all dues deductions authorized or renewed on or after Max 1. 2000. ~t - ! FEB'I 3 ZOO1 ARTICLE 7 PART-TIME EM~PLOYEES Section 7.1 - Part-Time Employees The Cottory reserves the right to hire part-time employees to perform EMT and Paramedic bargaining umt work, provided that a part-time Paramedic w/11 not be in charge of a unit. The Coun~ will not use part-time employees wh/le there are qualified employees on lay-off el/g/hie for recall. Section 7.2 - Pay Part-t/me employees shall not be permitted to work more than one hundred forty-four (144) hours in any pay per/od. The part-time employee must notify the Division Commander i£the off~red hours will cause them to exceed the one hundred forty-four-hour maximum. Part-t/me employees will be paid at the Part-Time EMT rate set forth in ,~--t/cle 19. Benefits, except to the extent required by law, or as outlined by this Agreement, will not be paid to part-time employees. Section 7.3 - Limitation on Number of Part-Time Employees. The County agrees to limit the total number of EMS part-time employees employed, to a number not to exceed fifteen percent (15%) of the number of full-time bargaining unit positions. 24 Section 7.4 - Qualification for Full-Time Positions Parr-time employees who are eligible and who desire full-time employment will take the County test for full-time employment as a Paramedic that is given to all other applicants. Part-time employees who score equal to or higher than outside applicants will be given a fight-of-first-refusal to the full-time job. If there are more qualified part-t/me employees than available full-time positiorm, the County will select the part-time employee(s) to be offered a full-time position. It is understood that any part-time employee who accepts a full-time position is abject to the twelve (12) month probationary period as provided in Article 8, Seniority, and, like any other probationary employee, can be termmated without appeal rights under this Agreement or under County policy. Section 7.5 - Not Covered by Contract ParC-time employees are not covered by any .article oftiris Agreement unless the Article or Section specifically includes part-time or temporary. employees. 25 ARTICLE 8 SENIORI~ Section 8.1 - Definition Seniority is defined as continuous, regular service with the Collier County EMS and is that time actually spent on active payroll plus those periods specified in Section 2 of this Article. The seniority date shall be an employee's last date of hire in Colher County EMS. If two or more employees have the same EMS date of h/re, relative seniority will be determined by the last four di~ts of the employees' social security. numbers, with the lowest number the most senior. It is agreed that the seniority provisions of this Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of Ns/her probationary period the employee will be entered on the seniority list as of the original date of kite. For purposes of this Axficle, Article 10 and the Vacation Section under Section 14.3, seniority for a part-time employee who becomes a regular full-time employee will be~n on the date of hire as a part-time employee, following completion of probation. Seniority does not apply to benefit accruals or for any other purpose under this Agreement. Section 8.2- Calculation of Seniority, In computing an employee's semority, the following per~o~ Oft/me shall be included: mo Approved leaves of absence. Vacation periods. Periods of temporary layoff for a regular employee up to six (6) mon~as. Ar~. ~L[M ' Periods of illness or accident up to one (1) year. Qualiff~g periods of service in the Armed Forces of the United States. Leave granted under the Family Medical Leave Act. Section 8.3 - Loss of Seniority Unless otherwise stated, an employee shall be terminated and shall lose all accumulated seniority if: A. B. Procedures. C. D. He/She voluntarily quits. He/She is discharged and not reinstated with full benefits under the County He/She has been continuously laid off for a period of more than six (6) months. He/She fails to return to work on the date designated in a notification to return to work following layoff. He/She fails to return to work at the end of any period specified in Section 8.2. Section 8.4 - Break in Service When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re-employment, will be considered a new employee for all purposes under'this Agreement. Section 8.5 - Prob~tiona,ry, Period The first twelve (12) months of employment with Collier County EMS shall be considered probation. An employee will be off probation and considered a regular full-time emp /~ 27 receipt of a "meets expectation or above" or other comparable evaluation, which is performed during the 12~ month of empl%vment.. The probationary period may be extended by the mutual consent of the County' and the employee. The Umon will be advised of any extension of probation. Section 8.6 - Annual Seniority List Ti~e County shall, effective January 15 of each year, prepare a seniority list of regular full- t/me employees in the bargaining unit. The seniority list shall be based on the last date of hire with Colher County, EMS. The semority list shall be used as required for the basis of action under other articles of this A~eement. The seniority list shall be conclusively presumed accurate unless challenged by the Umon within fourteen (14) calendar days of its receipt by the Union. 28 j FEB 13 2001 L, _ ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 9.1 - Purpose ha a mutual effort to provide a harmorfious worldng relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for-the resolution of grievances between the parties ar/smg from any alleged violation of a specific term of this Agreement, other than .any matters relating to discipline and discharge. Section 9.2 - Definition For the purpose of this Agreement, a grievance is deemed as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Section 9.3 - Right of Individuals to A Just Grievance Nothing m this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance ha person or by a representative to the County and having such grievances adjusted without the intervention of the bargaining agent; provided the adjusmaent is not inconsistent with the terms of this Agreement. If the aggrieved employee requests Umon representation, the grievant will notify the Emergency Medical Services Chief or designee. It is the 30 FEB ] 3 2001 responsibihty of the ghevant to notify the Union of any meeting called for the resolution of such gi~evances. Section 9.4- General A. A reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied w/th, and can only be extendedby mutual agreement of the parties in writing. Any grievance shal/be considered settled at the last level considered if the grievant fails to timely process his/her grievance. B. The Union will not be requ/red to process grievances for employe~s who are not members of the Union. C. The commencing oflegal proceedings against the County in a court of law or eqmry, or before the Public Employee Relations Commission, or any ocher administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by the employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. The utilization of the arbitration procedure under this ,~-ficle for the resolution of alleg .ed violations of this Agreement shall constitute a waiver of any fights of the party who initiated the arbitration may have to file a charge on the issue with the Public Employees Relar/ons Commission or any other state or federal agency. Section 9.5- Requirements of Written Grievance All grievances, as outlined above, must be in va'/ting and must contain the following information: ~ (1) Article and Section of the Agreement alleged to have been violated; 31 .o._8 FEB 13 2001I (2) A full statement of the grievance, giv/ng facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature of aggheved employee and date signed; and (4) Signature of the Union representative '(must be a designated official or steward) if the ghevance requests Union representation. (5) A class grievance may be filed when a single issue. appl/es to more than one employee, provided that all affected employees must sign the grievance. Any grievance not containing the infomarion set forth above may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance tbrm must be submitted and completed in full. Section 9.6 - Suspension/Discipline ,M1 grievances and appeals of action involving discipline or discharge will be governed by the Collier County Human Resources Practices and Procedures and County Administrator's (Manager) Agency ("CAA") Instruction Manual as amended to permit union representation that is in effect for all other Collier County non-exempt employees. A copy of the Procedure/CAA is attached as Appendix A. Sectlog 9.7 - Steps Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his/her grievance to his/her immediate' supervisor within fourteen (14) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the s'maplest and most effective manner. The supervisor shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievan[:e w~, presented. Failure of the supervisor to timely respond shall be considered a denial of the grievance and shall entitle' the grievant to appeal to Step 2. STEP 2: If the grievance is not settled at the Step 1, the grievant, within ten (10) calendars days of the answer in Step I, may present it to the Emergency Medical Services Chief or designee. The Emergency Medical Services Chief or dehgnee shall investigate the alleged grievance and may conduct a meeting with the gr/evant. The Emergency Med/cal Services Chief or designee shall notify the aggheved employee of the decision no later than twenty-one (21) calendar days following receipt of the grievance at Step 2. Failure of the Emergency Mechcal Services Chief to timely respond shall be considered a den/al of the grievance and shall entitle the ghevant to appeal to Step 3. STEP 3: I/the grievance is not set-tied in Step 2, the grievant, within ten (10) Calendar days of the answer in Step 2, may present the written grievance to the Division Administrator or designee. The Division Administrator or designee shall investigate the alleged ~m-ievance and may conduct a hearing or meeting with the grievant. The Division Administrator or designee shall notify the aggrieved employee in writing of the decision not later than twen~- one (21) calendar days following the submission of the grievance at Step 3. Fa/lure of the Division Administrator or designee to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 4. STEP 4: I.f a grievance, as defined in this Article, has not been satisfactorily resolved. within the grievance procedures, the grievant may request arbitt:afion in writing to the Human Resource Department no later than ten (10) calendar days after the response is received or was due under Step 3 of the Grievance Procedure. 33 FEB ! Z(I Section 9.8 - Arbitration Whenever the aggr/eved employee requests arbitration m accordance with the provisioms of Section 9.7, the parties shall attempt to select an arbitrator. I/unsuccessful, the grievant may request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. The request must be made within ten (10) calendar days of the denial of the grievance at Step 3. Arbitrators shall be selected from such panel by alternately str/king names from this list (the grievant shall strike first) unf~l the last name is reached. The Union reserves the sole authority over whether to proceed to arbitration on a particular grievance. Section 9.9 -Rule. s Applicable to Grievance/Arbitration The following general rates are applicable to this Article: A. Any ghevance involving discipline, up to and including termination, is governed by the County PoLicy as described in Section 9.6 and is not subject to the Gr/evance and Arbitration Procedure. Disciplinary, actions that do not involve suspension or termination are subject to the Grievance Procedure through Step 3, but not to arbitration under this Article. B. The Union or employee may abandon or settle a grievance. Grievances settled unde} this ,4a'ticle shall be non-precedem setting and cannot be offered as evidence or as precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. . C. No grievance can be amended or supplemented after ~ imtial management response at Step 1 without the written consent of the Emergency Medica~-ber~ices Chief. D. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. 34 [ FEB13 2001 E. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except when the wage being paid is in violation of the Agreement, or when he is otherwise specifically empowered to do so by both parties. F. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 9.2 and which comply with the requirements of Section 9.4 (A) and (C), Section 9.5 and the me limits established by this ,~-ficle. G. The arbitrator shall detcmfine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Step 1 of Section 9.7. H. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. I. The arbitrator's sole authority with regard to monetmy awards is the award of back pay. No interest, costs or other damages of any ,type whatsoever may be awarded. No back pay will be awarded for time more than five (5) days prior to the date of filing of the grievance. J. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement or after the expiration of this Agreement. Section 9.10 - A0oeals There shall be no appeal from the arbitrator's 'decision; it shall be final and binding on the Union and on all bargaining unit employees and on the Cotmty;'/>rovided, however, that the - arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. 35 FEB 1 3 2001 Section 9.11 - Costs The costs of the arbitration shall be split equally between the parties. Each side desiring a transcript will pay for it. If both parties obtain or use a copy of the transcript, the cost of the court reporter's fees and transcript shall be equally split between the parties. Expenses, including wages for wirnesses, shall be borne by the party. calling them. 36 ARTICLE 10 PERSONNEL REDUCTION Section 10.1 - Layoff Procedure In the event of a reduction in force, the County will declare a surplus by classificahon. The County will consider a number of relevant factors in determining selection of individuals for layoff, with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. B. C. D. The average rating on the performance evaluat/ons for the last three (3) years; Conduct/disciplinary record for the last three (3) years; Attendance record for the last three (3) years; and Senor/t-y. As between two employees, if the County in its sole discretion, determines factors A, B and C are relatively equal at the time of layoff, then seniority shall prevail. Section 10.2 - Recall Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County in a classification until all members of the bargaining unit who were laid off in that classification within the prior six (6) months are offered recall. Wifhin three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention of returning to work, to the Emergency Medical Services Chief or designee. Failure to respond to the notice within the 38 prescribed time limits previously stated, or failure to report on the date designated, shall constitute a resignation by the employee. Section 10.3 - Eligibility for Recall To remain eligible for recall, the employee must possess all licenses and certifications required for the job and be physically and mentally able to perform the essential functions of the job, consistent with the Americans with Disabilities Act 39 AO£ N~. ~ ITEM FEB 1 3 2111 ARTICLE 11 PROMOTIONS WITFIIN UNIT Section 11.1 - Definition A promotion is defined as movement from a lower rank to a kigher rank within the bargaining unit. Promotions to a rank or position outside the bargaining unit are not covered by this Agreement. Section 11.2 - selection A. Promotions are offered in an effort to recognize and reward an employee for permanent accep.tance of increased responsibilities. A test will be given as part of the selection process for l'~ieutenant. The Emergency Medical Serv/ces Chief or designee will select from among the top five qualified applicants for each opening. Promotions from Paramedic to Lieutenant will occur at the begimaing of the pay period. B. To be eligible to take the promotional test for Lieutenant, Paramedics must meet the requirements in the General Order then in ex/stence for the EMS Lieutenant position. A copy of the current General Order is attached to this Agreement. Section 11.3 - Probation Any time an ~employee accepts a promotion to Lieutenant within the Emergency Medical Services Department, that employee shall be on probation for the first six (6) months in the new position. At any time during the six (6) month probationary period, the employee may b n~a~ without recourse and returned to the employee's prior job classification, without loss of seniority. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. . Section 11.4 -Pay Upon Promotion Upon promotion to a classification with a higher pay grade, the employee shall receive up to a ten percent (10%) pay increase or the base salary of the new position, whichever is greater, not to exceed the max/mum of the new classification. Section 11.5 - Returnin~ to Bargaining Unit Promotions to a position outside the bargaining unit are not subject to this Article. However, if an employee is promoted to a position outside the bargaining unit and returns to the bargaining unit for any reason within s/x (6) months, the employee's seniority will be unbroken, pro¼ded the employee remains in the continuous employ of the County. Section 11.6 - Flight Medic Assil~nments Fhght Medic will be considered a Special Operations assignment and will be awarded based on testing similar to the procedures identified in the testing of Lieutenants. The testing of Lieutenants for available Flight Medics positions will occur within a reasonable period of time after Flight Medic Positions become available. Section 11.7- Lists Good for One Year ' ' Promotional lists for Lieutenants and for Flight Medic assignrJents will be valid for one (1) year following the establishment of the list. 41 ARTICLE 12 HOURS OF WORK AND OVERTIME Section 12.1 - Work Schedule Regular full-time employees in the classification of EMT, Paramedic Trainee, Paramedic, Paramedic/Firefighter, EMS Lieutenant, ~MS Lieutenant Paramedic/Firefighter and Helicopter Pilot will work one of the following schedules: A. Twenty-four (24) hours on duty followed by lorry-eight (48) hours off duty in a repeating rotating schedule. B. Twelve (12) hours on duty tbllowed by twelve (12) hours off duty with the number of days as scheduled by EMS Operations; prov/ded that the current twenty-four (24) hour umts will not be converted to twelve (12) hour units during the term of tiffs Agreement. Helicopter Pilots, employees assigned to inter-facility transport units and units established after the date of this Agreement may be assigned to a twelve- (12) hour shift. C. Eight (8) hours on duty for five (5) consecutive days. The Emergency Medical Services Chief or designee may assign any of the employees in the DepatZment to one of the above schedules. Nothing in th/s Agreement shall be construed as a guaranteed number of hours of work per day or per week. Section 12.2 - Overgime Pay Regardless of shift assignment, employees will be pa/d overtime as required by the Fair Labor Standards Act. Except as otherwise provided herein, leave time, whether paid oil NO._ 42 FEB 1 3 2081 .. not be counted as time worked for overtime purposes. overt/me as needed. The County has the fight to schedule/assign Section 12.3 - Overtime .4.ssiffnment A. All oven/me awarded/assigned to bargaining umt employees working shift work in the classifications EMT, Paramedic, Paramedic/Firefighter, Paramedic Trainee, EMS Lieutenant, EMS Lieutenant Paramedic/Firefighter and Helicopter Pilot shall be awarded/assigned by the County in a procedure of their choosing. The procedure shall be designed and applied so that ava/lable overtime is awarded ha a fan' and equitable manner that allows those employees wishing to work overt'mae the opportunity to work. It is agreed that the current overtime assignment procedure complies with this Section. The parties agree, upon the request of either, to meet quarterly to assure that those employees. wishing to work overtime are being treated equitably under this Section. No employee will be paid for time not worked as the result of an inequitable distribution of overtime. B. Overtime should be awarded/assignedat the earliest date and time after it is known that over,me will be required. If the overtime requirement is the result of an employee's failure to report to work, and no employee can be found immediately to fill the open slot, the employee in that classification with the lowest seniority at that station shall be held until someone can be found to work the overtime. A holdover under this Section will not be considered a violation of Section 12.4. Nothing in this paragraph will prevent the employee being held over from contacting another qualified employee to work the remainder of the overtime shifti 43 Section 12.4 - Maximum Continuous Hours At no time shall an employee be permitted to work more than forty-eight (48) hours in any roiling seventy-two (72) hour per/od, unless be/ng held past the forty-eight (48) hour mark is due to a late call, or is the result of an emergency. Section 12.5 - Workweek The workweek w/l/begin on Saturday and end on a Saturday 168 hours later. Section 12.6 - Early/Late Report Employees who are held over beyond the/r normal work shift shall accumulate hours worked in one-quarter hour increments rounded to the next nearest quarter hour. Employees called in to work earlier than normally scheduled in conjunction with a scheduled work day, shall be paid in increments of one-quarter (1/4) hour. Employees who report to work late will receive no pay for the time missed, rounded to the nearest one-quarter (1/4) hour increment. Section 12.7 - Bargaining Unit Work Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting non-bargaimng unit members from performing bargaining unit work. This Section will not be utilized to allow the County to subcontract out Units nor to permit replacement of bargain/rig unit personnel with employees of a parmership agency, except when ~he non-Collier personnel are working on County vehicles as part of the ALS Engine Program, Single Vehicle Response Program or other similar program. · AGE R"" iTEh FEB 2001 Section 12.8 - Overtime/ALS Engine Program It is understood that ovei'rime for the ALS Engine Program and Flight Medic slots shall only be made available to those employees who have been cleared, oriented and trained for the program. Section 12.9 - Pilot Assignment Elehcopter P/lots who are unable to fly due to helicopter maintenance or weather, etc., shall have the option of using accrued vacation leave or report to work for their shift and be assigned other related EMS or flight work for the duration of their shitS, and therefore not suffer any loss of pay as the result of those conditions outside their control. Pilots may be utilized to dehver supplies, assist the mechanic with the starts required for hehcopter repair, be assigned to office duty, be assigned to ride on a ~ound ALS unit, or perform other EMS-related duties. 45 ARTICLE 13 SICK LEAVE Section 13.1 - Eligibility_ All regular full-time and probationary employees shall be entitled to accrue ~and use accumulated sick leave with pay from the date of hire. Temporary and part-time employees do not accrue sick leave benefits. Section 13.2 - Accrual of Sick Leave A. All full-time bargaining unit employees hired after September 30, 1993 shall accrue hours of sick leave on the fogowing schedule: I 40/42-hour employees I 3.69 hours per biweekly pay period ] 56-hour employees t 5.17 hours per biweekly pay period B. All full-time bargaining unit employees hired on or before September 30, 1993, shall accrue hours of sick leave on the following schedule: i 40/42-hour employees i~ 4.62 hours per biweekly pay period J I 56-hour employees [ 6.47 hours per biweekly pay period C. Sick leave shall be accrued on a biweekly basis, up to the maximum annual accrual, during any pay period during which the employee works a full schedule or is paid full pay for scheduled hours not worked under this Article, Article 14 or Article 16 of this Agreement. Sick leave is credited biweekly on the last day of the pay period. 46 D. Leave without pay and hours in excess of forty (40) hours or fifty-six (56) hours average per week, as applicable, are excluded from sick leave accrual. Section 13.3 - Use of Sick Leave A. B. The minimum charge for sick leave shall be one (1) hour units. Sick leave may be granted for the following purposes: 1. Personal illness or injury. 2. Employees assigned to eight (8) hour shifts may use sick t/me for appointments with medical, dental or other reco~nized practitioners for consultation or treatment when such appointments carmot be scheduled during non-work hours. Employees assigned to a twenty-four (24) hour shift may use sick leave for such appointments when a medical emergency exists. 3. Serious illness and/or disability in the employee's immediate family where the employee's presence is necessary to provide care, for up to one (1) 24-hour shift, or two (2) 12-hour shifts, or three (3) 8-h0ur shifts for any one incident. For purposes of this Section, immediate family is defined as spouse or ch/ldren or parents. Notification and Proof of Illness. 1. The employee shall be responsible for nofi.fying the EMS Commander on duty or Chief Pilot one hour or more before the start of the shift on each day of absence. Failure to provide timely notice will be cause for denial of sick Ieave pay for the period of time. 2. Employees may be required to supply proof of siclmess, injury or disability, proof that the including the employees' spouse, child or parent and the appropriate iAGE~K) IT FEB 1 3 211111 employees' presence is required, by submatting, at their own expense, a physician's statement: '(a) After three (3) non-consecutive sick leaves during any rolling 12- month period; or (b) When there is a pattern or practice of sick leave usage; or (c) When there is a bas/s to form a reasonable suspicion that the sick leave is being abused. 3. When out on leave for medical reasons, an employee is required to first use all accrued sick leave prior to using leave without pay. With management's approval, the employee may use vacation leave if sick leave is exhausted prior to being placed on leave w/thout pay. Section 13.4 - Sick Leave Pay Upon Separation A. Employees of record on August 2, 1996 shall receive their sick leave balances calculated and valued as of the end of the workday of August 2, 1996. B. The valuation shall be calculated as follows: · Total hours sick leave accrued X percent allowed upon separation (see chart below) = hours to be pa/d, to a max/mum of 1040 hours. % P~m AT YEARS OF SERVICE SEPARATION At least 2 years but less than 5 years 20% At least 5 years but less than 10 years 25% At least 10 years but less than 15 years35% At least 15 years but less than 20 yearsi40% After 20 years 50% 48 2:001 C. Upon separation in "good standing," each employee's total accrued sick leave will be calculated and valued in the same manner again. The employee shall be paid the lesser of the two values upon separation. D. No employee hired at~er August 2, 1994 shall receive payment for accrued sick leave upon separation. E. The max/mum amount of sick leave hours that may be paid to an employee at term/nation is 1040 hours. F. Regular full-time employees who are laid off from County service shall have the option of receiving payment for sick leave in accordance with this Section at the time of layoff, or retaining all sick leave hours for a per/od of six (6) months. G. In the event an employee is separated because of death, sick leave shall be pa/d in the final paycheck in the manner calculated above. Section 13.5 - Attendance Incentive Plan The County' s Attendance Incentive Plan in effect for all other non-exempt County employees will continue to be available to bargaining unit employees. Any change in the Plan for all non- exempt employees will be applicable to bargaining unit employees. Section 13.6 - Sick Leave Bank Barga/nmg unit employees will not be eligible to contribute t9 or withdraw from the County Sick Leave Bank effective the next day that contributions to the County Plan are required. On that date, the County shall establish an EMS Employee Sick Leave Bank separate from the County Sick- 49 Leave Bank for use by all Collier County F. mergency Medical Servic~ employees as outlined in thi~q Section. A. An employee having used all o£ his/her vacation and sick hours due to absence resulting from a serious illness, accident or disability may receive a donation from the Sick Leave Bank as hereinafter provided. Employees out as the result of a worker's compensation injury may not be considered for Sick Leave Bank usage. To be eh~ble to participate, the employee. must be a regular fu/1-t/me employee and have completed the/nirial probationary period. B. An employee must contribute init/ally at least eight (8) hours of accrued sick leave or vacation to participate in the Sick Leave Bank program. Donations to the Sick Leave Bank must be authorized by the employee by completing and signing the Sick Leave Bank Donation Form. Every, year, the EMS Operations Chief and the District 14 DVP will review the Sick Leave Bank balance and determine i£sufficient time is available. If not, a notice will be sent to all employees requiring further donations in order to continue their participation in the program. The donated time will normally be in four (4) or eight (8) hour blocks. All participating employees will contribute the same number of hours. C. The EMS Operations Chief or the Distr/ct 14 DVP may request the establishment of a leave bank account for an employee. The request shall be submitted in WTit/ng to the Sick Leave Bank Committee, which shall consist of three (3) members: one member selected by the EMS Operations Chief; one member selected by the District 14 DVP; and the Emergency Medical Services Chief serving as the third Committee member. The written ~request shall be submitted to the Sick Leave Bank:Committee, who shall then meet or communicate as soon as possible to rev/ew the request. The decision of the Committee will be final and not subject to the Grievance and Arbitration Procedure. 5O D. Use of leave from the Sick Leave Bank shall not exceed three (3) calendar months. £xceprions to th/s rule which would permit the approval of up to another three (3) months of Sick Leave Bank usage can be approved by the Sick Leave Bank Committee. E. As long as the employee is in a pay status, the County will mairttain its contributions to the health insurance program for that employee. F. Employee donations to the Sick Leave Bank will not impact their eligibility for the Attendance Incentive Program. Section 13.7 - County Policy The County Administrative Procedure regarding sick leave is not applicable to employees covered by this Agreement, except as specifically provided in this Article. 51 gAC~N~I~,~ ITEM - FEB 1 3 2001 .a~RTICLE 14 VACATION LEAVE Section 14.1 - Accrual Employees shall accrue vacation hours according to the following schedule: LENGTit OF SERVICE YEARLY VACATION HOURS ACCRUAL PER PAY PERIOD WORK WEEK WORK 4O 56 ~ 120 160 I 240 200 ! 288 4o I 56 1 -4 Years 80 , 3.08 ] 4.136 5- 10Years 120 i 168 4.616 [ 6.464 11-20Years 6.152 i 9.23 21+ Years 7.616 I 11.08 Employees accrue vacation hours from their first day offall-time employment, but are not ehgible to use vacation time until their initial h/re probationary period is complete. The max/mum number of vacation hours an employee is permitted to accrue is 320. Vacation leave in excess of 320 hours will be automatically converted to sick leave. Section 14.2 - Selection · Employees may select vacation dates for one or more shifts before December 1s' for the period January 1 through December 31 of the next year. Vacation dates selected in this time fi-ame shall be granted to employees based on seniority. 52 Section 14.3 - Maximum per Division A. Except as hereinafter provided, the County. shall allow up to three (3) 12/24-hour bargaining uait employees per Division off duty on vacation leave per skiff; provided that only one F1/ght Medic can be on vacation at any time. B. During the HoLiday periods set forth in Section 14.6, only two (2) 12/24-hour employees per Division may be off duty on'vacation leave per shift. C. Pilots shall schedule vacation, with the approval of the Chief Pilot; provided that no more than one pilot, including the Chief Pilot, can be on vacation at any time. The Chief Pilot will select vacation first. D. Employees scheduling vacation time under this Section during December 2000, will be considered locked in for the dates granted as of January 1, 2001. Section 14.4 - Increments Vacation leave for 24-hour shift employees must be taken in minimum of twelve- (12) hour increments, provided the twelve (12) hour incr~aents must be for the first half of the shift or the second half of the shift. Employees on twelve (12) and eight (8) hour shifts can take vacation in six (6) or four (4) hour increments, respectively. The six (6) or four (4) hour increments wig be rxken for the first half or the second half of the skiff. Employees may use vacation in four (4) hour increments provided the employee finds thei~ own overtime coverage. The employee working the overtime must a~ree to do so in writing. If the employee who agreed to work the overtime fails to work it for any reason, he will be charged one and one-half(1-1/2) vacation hours for each hour the employee failed to work. The Rules Coveming Shift Exchanges and Procedures under Sections 18.8 and 18.3 respectively will apply 53 FEB 1 3 2001 No more than three (3) employees per Division, including employees talcing incremental leave under this Section, may be on vacation at any one time. Section 14.5 - Vacation Pay Upon Separation Employees who are s~arated for any reason will be paid for accrued but u~used hours, not to exceed 240 hours, at the employee's rate of pay at the time of separation. Section 14.6 - Vacation Leave During Holiday Periods No employee shall be granted vacation leave during the same holiday period in two consecutive years, unless no other employee in that employee's Div/sion requests vacation for the same per/od the second year. For the purposes ofrtfis Section, holiday periods shall be deft_ned as follows: HOLIDAY VACATION PERIOD INCLUDED IN TItIS SECTION Fourth of July July 1~ through J~y 7~ Thanksg/ving 4* Tuesday in November through the 4~ Sunday in November ~ Christmas December 21 ~t through December 28~ New Year's December 28~ through January 34 Employees who are granted vacation leave during one of the periods listed above will not be granted vacation leave in the same period in the following year. Section 14.7 - Shift Changes Employees. who are required to change ~ by the County and who have been approved for vacation leave prior to the change of shift, will be granted the same time frame for vacation leave on their new shift. Vacation leave will be honored even if granting the leave causes a~u~ X~un"-~i-T[M to be off for that period than is allowed in Section 14.3. Employees who are granted a shift exchange at the employee's reques; who had been approved for vacation leave pt/or to the change in shift will be granted the same time frame on their new shift, provided there is a vacation slot(s) available. Section 14.8 - Use of Vacation for Sick Leave In addition to scheduled use under Section 14.3, with the prior approval of the Emergency Medical Services Chief or designee, accrued vacation leave may be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 14.9 - Non-Scheduled Vacation Request A. Employees who submit requests for vacation outside the provisions of Article 14.2 shall be granted vacation on a first-come, first-serve basis,. subject to the limitations of Section 14.3. Employees shall be considered "locked in" for dates requested outside the provisions of Article 14.2 on the date the Commander approves the vacation request form. The employee will be given a copy of the approval upon request. Commanders shall return the signed employee copy of the vacation request to the employee to confirm the vacation approval within a reasonable time after receipt of the request form. Requests under this Section must be received fourteen (14) days prior to the beginning of the shift for which the employee is requesting vacation. B. Employees who experience last minute personal situations that require immediate attention may, with the approval of their Commander, utilize vacatio~ time to handle the situation. Such approval may'not exceed eight (8) hours in Iength and must be taken in m'mimum one-hour increments. Commanders may, at their discretion, require proof from the employee of the need for [ ~GE~& ITE~ ~l the last-minute vacation leave upon the employee returning to work. ~ FE[~ ] 3 2[lfl] Section 14.10 - Change in Schedule Employees who are moved fi:om a forty (40) hour per week schedule to a fifty-six (56) hour per week schedule and vice versa, shall have their accrua/rate for vacation leave hours adjusted either up or down as listed above, be~nnmg with the first work day on the new schedule. All accrued vacation hours earned and not yet used pr/or to the date of the shift change shall remain intact, unadjusted and available for the employee to use on an hour-for-hour basis per the gu/delines of this Article. Section 14.11 - Vacation as Time Worked Time off on vacation leave will count as time worked for overtime purposes. Section 14.2 - Vacation Sell-Back Twice each year, daring the months of June and December, employees shall be allowed to sell to the County accrued vacation hours. The employee may sell back a maximum of 80 hours of vacation leave per year and the employee shall be paid hour-for-hour at 85% of the employee's hourly rate at the time of the sell-back. Employees u 'tfiJzSng this provision must sell a m/n/mum of 20 hours and must retain a minimum of 80 hours of vacation leave. Section 14.13 - Co0nty PoH. c~. The County Admivistrative Procedure regarding vacation leave, holidays and all other leave, whether paid or unpaid, is not applicable to employees covered by this Agreement.- 56 FEB I 001 ARTICLE 14- EXHIBIT 1 VACATION REQUEST FORM NAME SHIFT: DATE: WORKING DATES REQUESTED FOR VACATION LEAVE: HOURS REQUESTED ON ABOVE DATES: DATE SUBMITTED: DATE LOCKED IN: A_PPROVED: SIGNATURE: DISAPPROVED: SIGNATURE: REASON(S) FOR DISAPPROVAL: 58 I FEB 1 3 2(101 / .adtTICLE 15 LEAVES OF ABSENCE Section 15.1 - Leave of Absence Upon written request from an employee and recommendation from the Emergency Medical Services Chief, the Count, Jn its sole discretion, may grant a leave of absence, without pay, to regular, full-me employees for a max/mum of three (3) months. The leave may be extended for up to an additional three (3) months. Leave without pay will not be granted unless the employee has exhausted his/her vacation leave and compensatory time and, where appropriate, sick leave. No employee can work for another employer while on leave of absence from the County. Temporary and part-time employees are not eligible for leaves of absence under this Article. Section 15.2 - Purpose Such leaves are intended to be granted only for temporary disability., health, parental, education, military service or extenuating and extraordinary personal reasons. Section 15.3 - No Benefit Accruals Other than reta/rfing the or/gmal date of hire, and except as otherwise provided by law, no benefits, including sick and vacation leave accrual, will accumulate during unpaid leaves of absence. Section 15.4 - Insurance Benefits 60 Other than leave under the Family Medical Leave Act ("FMLA") or as otherwise provided by law, ifa leave of absence is granted, an employee's insurance benefits will be continued only if the employee remits to the County the total premium amount monthly that represents both the employee's and the County's share for insurance. The employee will be advised of the amount and date premiums are due. Insurance premiums for continuation of employee and dependent cov~ge for employees on leave under the FMLA will be paid by the employee and County consistent with the Act. Section 15.5 - Return from Leave When the term of the leave of absence expires, the employee shall be reinstated to his/her original position when the vacancy for that position comes available, if the employee complies with and meets all current requirements for the position. This may include practical and written testing as reqmred by the County at its discretion and any other credentials or licenses wh/ch may be required. Reinstatement following leave under the FMLA will be in accordance w/th the law, and the County retains the fight to require rerumrag employees to take any medical or other tests permitted by the FMLA. Employees returning from FMLA leave must meet the certification and license requirements and the testing reqthred by the Emergency Medical Service Medical Director. Section 15.6 - Family. Medical Leave Act ("FMLA") Leave Employees will be eligible for leave without pay under the F~LA as provided in that Act - and regulations adopted thereunder. A notice advising employees of leave availability under the FMLA will be posted with other official County postings. Employees using leave under the FMLA for Ns/her own serious health condition must first exhaust available sick leave prior t g _ ~.~ [ 61 . FEB 1 3 2001 · I,?'-?,- leave without pay, unless the absence is covered by the County's disability or worker's compensation inmn'ance, in which event only vacation leave may be used. Employees taking leave following the birth or adoption of a child beyond that which the employee's doctor considers medically necessary must use accrued vacation leave prior to going on leave without pay. Employees using leave under the FMZA to care for a child, spouse or parent as required by the Act must use all accrued vacation leave prior to taking leave without pay. Section 15.7 - Compensation During Job-Related Injury_ Any employee with a job-related injury or illness will be eligible for workers' compensation based on applicable state law. The employee's workers compensation payments may be supplemented as provided by County policy. Section 15.8 - Temporary Assignment/Off Du~ Injury or IHness An employee temporarily disabled as a result of-a job or non-job related injury or illness who is released by the treating physician for restricted duty may be offered restricted duty by the County consistent with the physician's limitations. If offered, the employee must accept the restricted duty as a contrition of continued employmen[ The County will determine the restricted duty to be offered and the length of the restricted duty assignment, which will not exceed the t/me when the employee reaches max/mum medical improvement. Employees on temporary assignment will be paid their regular.pre-injury straight time hourly rate for all hours worked, and'may use sick leave and then vacaxion leave to supplement so ~at the employee receives their regular, pre-injury/illness pay. 62 Section 15.9 - Referral To County Physician The County reserves the right to seek, at the County's expense, an independent medical opinion to the maximum extent permitted by the workers' compensation law, Family Medical Leave Act or Americans with Disabilities Act, as applicable. Section 15.10 - Administrative Leave The County reserves the right, at its sole discretion, to grant Administrative Leave with pay to allow employees to serve and train for such things as job-related Search and Rescue Teams, Disaster Response Teams; or in other situations as the County deems appropriate. If paid, the leave will be counted as time worked for overtime purposes. Administrative Leave may also be utilized if other-wise consistent with County policy. Section 15.11 - County Policy The County Administrative Procedures regarding leaves of absence will not apply to employees covered by this Agreement, except as specifically provided m this Article. 63 FEB ! 3 200! ARTICLE 16 BEREAVEMENT/JURY DUTY/WITNESS DUTY Section 16.1 - Bereavement A regular full-me employee may begranted, upon request, up to 24 hours of bereavement leave with pay, due to the death in his/her mediate family. "Immediate family" shall mean father, mother, brother, sister, wife, husband, son, daughter, father-in-law, mother-in-law, stepfather, stepmother, stepson, stepdaughter, grandfather, grandmother, grandchildren, foster child, brother-m- law, sister-in-law, aunt, uncle, niece or nephew or other close relatives living with the employee. Such request must be approved by the Emergency Medical Services Chief. The amount of leave granted is with/n the sole discretion of the County. Leave in excess of the leave under this Section may be granted and, if granted, will be charged to the employee's accrued vacation leave or compensatory leave. If accrued vacation leave or compensatory leave is not available, additional leave granted will be without pay. Sick leave cannot be used. The County reserves the r/ght to require proof of relationship for use of bereavement leave. Section 16.2 - Jury Duty When a regular employee is required to serve on jury duty, the employee shall be relieved of responsibility for his or her regular work shift and the County shall 3ay the employee the amount that would have been received at the employee's regular straight-time rate of pay had the employee worked the employee's regular work shitS. All employees who are required to serve on jury duty shall report to their supervisor that they have been subpoenaed for jury duty within twentyitk~u~^ 64 ]FEi 1 3 ZOO1 !_ ?_._ hours of receiving notice, when possible, but in no event later than the beg/nning of the next work sh/ft. When an employee is released or is excused from jury duty for the remainder of a work day or permanently, the employee shall, as soon as possible, notify his or her supervisor of availability for work. Payments received by the employee for jury duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Section 16.3 - Witness Duty Any employee who, during his/her regularly scheduled work shift, upon the request by and tbr the benefit of the County, is subpoenaed to any co~t proceeding involving the County, or is subpoenaed to appear in court in a civil or criminal matter in which the employee is not personally or monetarily interested, shall be paid his or her regular straight-time rate of pay up to the maximum of the number of hours the employee was scheduled to work but was unavailable because of the required court appearance. Payments received by the employee for witness duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Court proceedings means an appearance in court; it does not include depositions or any other appearance before any other tribunal, except for appearances on behalf of the County which arise out of the performance of duties as a Collier County EMS employee. An employee who appears in Court as a plaintiff, defendant or witness due to personal litigation will use accrued vacation leave or, if not available, will be on leave without pay. Section 16.4 - Time Worked Paid court appearance leaves under this Article will be considered time worked for overtime purposes. ~- -~ ~ l FEB 1 3 2001 Section 16.5 - County Policy The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty and Court Leave will not apply to employees covered by this Agreement. Section 16.6 - Temporary and Part-Time Employees Except as provided under Section 16.3, temporary and part-time employees are not eli~ble for leave under this Article. 66 FEB I 3 ;~001 · ' ARTICLE 17 MILITARY LEAVE Section 17.1 - Reserve and .National Guard Traininc A regular f~-tm~e employee who is a member of the United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field Ixaming shall, upon presentation of a copy of the official orders, be granted leave with pay to the extent required by state statute. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Section 17.2 -Recall to Active Military Duty A~ny regula? Mll-time employee who is a member of an A~rmed Forces Reserve Unit or the National Guard, who is ordered to active duty, will be granted a military leave of absence with pay for the first thirty (30) working days. Beyond the thirty (30) day period, the County will supplement the military pay in an amount necessary. to bring the total salary, inclusive of the base mihtary pay, to the level earned at the time the employee was called to active duty, for a period of ninety. (90) days. The County will continue to maintain the employee in full benefits status for the time frame specified above. Section 17.3 - Reinstatement Upon discharge from active military service, an employee who wishes to retttrn to County employment shall be reinstated in accordance with current federal regulations. 68 AC~E NOA ITE~ FEB 1 3 2O0 ARTICLE 18 SHIFT EXCHANGE Section 18.1 - Rules Governing Shift Exchanges The trading of lime between regular full-free employees will be permitted in accordance' with the following provisions: A. )all exchanges will be as follows: EMT or Paramedic Tramee for EMT or Paramedic Trainee Parmedic for Paramedic Paramedic/Firefighter for Paramedic/Firefighter Lieutenant for Lieutenant Lieutenant/Paramedic/Firefighter for Lieutenant/Paramedic/Firefighter Fhght Medic for Flight Medic Pilot for Pilot Exceptions to the above would be permitted for Flight Medics, and those employees participating in the ALS Engine Program, when the scheduled pay-back date does not have them performing those specific duties. B. All exchanges must be requested m writing on the EMS shift exchange request form. C. Employees are prohibited from payhag another employee to work any portion of their shift. Only exchanges of time will be permitted. D. Shif~ exchanges will be repaid within one (1) year of the original exchange. E. No employee may be'scheduled to be on duty for~ more than forty-eight (48) consecutive hours,..except during an emergency recall of personnel. F. Employees will be responsible for all record keeping of exchanges as permitted by the Fair Labor Standards Act. 70 FEB 1 3 2001 G. Shift exchanges for employees reporting late for work will not be permitted. Exctxanges that cause a person to have to leave work early or hold over in order to meet a trade or duty obligation at another station, and that results in overtime pay obligation for the County., is not permitted. Section 18.2 - Number Allowed A. Employees in all of these classifications may exchange up to twenty-four (24) shifts per year, w/fin a maximum of three (3) fall or partial days per month, for personal purposes. Employees in all of these classifications may exchange unlimited shifts for educational purposes if the education being sought is job-related (i.e., Paramedic, Nursing, Fire fighting, Admirfistration). B. Employees may exchange unlimited shif[s for maternity within twelve (12) weeks prior to the scheduled birth and during the twelve (12)weeks following the birth of the child. Employees may exchange unlimited shifts for paternity during the twelve (12) weeks following the birth of fine child. Maternity and paternity shift swaps under this Section will be charged to the employee's Family Medical Leave Act ("FMLA") entitlement. Section 18.3 - Procedure Exchanges must be fully approved and signed by all the following in order, and placed on the roster prior to the substitution takiug place. Exchange requests must be submitted on the County. form five (5) days in advance. STEPS FOR SIGNATLrRES AND APPROVAL: 1. The employee wishing the substitution. 2. The employee agreeing to substitute. 71 The shift supervisor for employee requesting substitution. The shift superwisor for employee agreeing to substitution. The last supervisor to approve places substitution on roster. The right to shift swap may be withheld for training reasons, or if one of the employees involved in the exchange is rated as "below standards" at the time the exchange is requested. Off duty management will not be called in to gain approvals, nor is a phone approval by any management official allowable. Section 18.4 - Exchanges Involving Promotions County certified employees who are promoted to a classification outside their current ability. to exchange shifts and who are owed exchange shifts from employees in prev/ous classifications, must get exchange shifts paid back within sixty (60) days of the promotion or forfeit the return exchange. Section 18.5 - No Substitution Absent a personal illness which requires the employee to be absent, an employee scheduled to work an exchange is not eligible for any type of leave in lieu of the exchange. Employees falling to work an approved shift exchange due to an illness will be charged one and one-half hours (1-1/2) vacation leave for each hour the employee failed to work. Section 18.6 - Monetary Loss e2~ The County will not be responsible for any mon loss incurred by any employee due to the failure of an employee to pay back shift exchange me for any reason. If an employ_~m,im or is terminated and owes a shift exchange(s), the employee regularly scheduled to work will work, or arrange for another shLf[ exchange. 73 ,~1: ~" I T[rA~I FEB 1 3 200 _ :- £ ;,- , '~ ARTICLE 19 I:IOLIDAYS Section 19.1 - Holiday Pay Be~nning October I, 2001, regular fiJ/1-time employees assigned to a 12 hour or 24 hour schedule will receive 12 hours straight-free pay for each of the following holidays: · New Years Day · Dr. Martin Luther Kmg's Birthday · President's Day · Memorial Day · Independence Day · Labor Day · Veteran's Day · Thanksgiving Day · Day afier Thanksgiving · Christmas Eve · Chrismaas Day In addition to the days listed above, bargaining umt employees shall also be granted appropriate pay for any other day declared a holiday by the County Commission. l_fless ~an a fifil day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday pay. Section 19.2 - Receipt of Pay The hobday pay will be included with the normal paycheck for the period which included the- holiday. 76 Section 19.3 - Holidays/40 Hour Week Employees workting a 40-hour work week who are scheduled'to work one of the designated hogdays above shall be granted the day off with pay. The County reserves the r/ght to schedule employees working 40-hour work weeks to work on a designated holiday. Forty hour employee's who are required to work on a designated holiday shall be pad eight hours holiday pay, plus time and one-half (1 Y2) their current hourly rate for all hours worked. Holidays will be celebrated on the date designated as the holiday by the County Commission. Section 19.4 - Savings Account The County agrees to assist employees with the establishment of individual "Christmas Club" Savings accounts with Suncoast Schools Federal Credit Union. These accounts shall be under the control of the e~ployee and the County shall have no responsibility for these accounts. At the written request of the employee, the County, will deposit 11 hours of pay per month in the employee's individual account. 77 ARTICLE 20 RATES OF PAY Section 20.1 - Minimum and Maximum Rates of Pay 'Minimum Maximum · Part-time EMT: $7.5044/hr $12.007/hr · Paramedic: $9.1366/kr $14.6185/hr · Lieutenant: $11.1054/kr $17.7686/hr · HeLicopter Pilot: $20.1149/hr $32.1839/hr Section 20.2 - Incentive Pay A. Employees assigned to Special Operations will receive a five percent (5%) incentive on their hourly rate for the first assignment and two and one-half percent (2.5%) for each additional assignment, not to exceed a total of ten percent (10%). Special Operations includes, but is not limited to, ALS Engine Program and Flight Medic. B. To be assigned to Special Operations, the employee must hold the certifications and meet the qualifications for the assignment. Except as hereinafter provided, an employee may reject Special Operations assignment or, if assigned, may request removal from Special Operations assignment. If the County has paid for. the training to qualify for Spedial Operations, the employee may not reject or withdraw from a Special Operations assi~ment. 78 C. Special Operations is not considered a promotion. The County may end an employee's Special Operations assi~nment based on performance, loss of a required certification, quality assurance or disciplinary issues, or upon a reduction in or the elimination of a program. D. I. fthe CounW paid for the training for Special Operations and the employee leaves the county for any reason within twenty-four (24) months of the date the training was completed; the employee will be required to reimburse the County. Section 20.3 - Future Increases. A. Effective the first full pay period following ratification oft his Agreement, Pilots will receive a fifteen percent (15%) increase m their base hourly rate. B. Effective the beginning of the first full pay period for the 2001-2002 contract year (October 1, 2001 - September 30, 2002), employees will. receive a two percent (2%) adjustment to their base hourly rate of pay and Pilots will receive a five percent (5%) adjustment. C. The parties may mutually agree to reopen this Article for Paramedics and/or Pilots; provided that, if reopened, the increases will be no less than provided in this Article. If reopened? the statutory impasse procedures will not apply. Section 20.4 - Maximum Pay Other than as a result of receiving incentive pay under Section 20.2, no employee will exceed the maximum for the classification. ~ 79 i AGE Nf~A_.. IT£H _ ,,o._/ FEB 1 3 2001 Section 20.5 - Performance Pay A. Employees on the payroll April 1, 2000 and who remain on the payroll through the effective date of this Agreement and who received a "meets standards" or above on the last evaluation prior to October 1, 2000, will receive a one percent (1%) increase in their base hourly rate effective the pay period be~nnmg September 2_3, 2000. B. Employees on the payroll April 1, 2001 and who remain on the payroll through October 1, 2001 and who receive a "meets standards" or above on the last evaluation prior to October 1, 2001, will receive a one percent (1%) increase in their base hourly rate effective the pay period be~nning September 23,2001. Section 20.6 - Field Training Effective October 1, 2001, the County. will create a Field Trairfing assignment. Lieutenants assigned a Paramedic T. ramee for County certification will be paid a three percent (3%) incentive during the time a tramee is assigned. The County will select the Lieutenants to whom a Paramedic Trainee is assigned. 80 ARTICLE 21 BENEFIT OPTION PLAIN Section 21.1 - Coverage Full-time employees shall be eligible to participate in the Collier County Group Benefit Option Plan subject to the terms aud conditions of the Plan as adopted by the Board of County Commissioners and as may be amended by the Board of County Commissioners from time to time. Employees slxall also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of County Commissioners for non-represented, non-exempt employees. The parties agree that, if there is any change in benefits, premium levels, or pa~oll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. In exchange for the commitments in this paragraph, there will be no duty to bargain over the decision to change or the impact of a change during the term of this Agreement. Section 21.2 - Summarg Attached A summary of the Benefits Option Plan will be given to. each employee when h/red; when the plan changes; and upon request. ~ 82 FEB 1 3 2001 Section 21.3 - Current Insurance The County agrees that the insurance that becomes effective on January l, 2001, including the changes in the attached Executive Summary, will remain in effect through September 30, 2001. Therea~er, it may be modified as provided in Section 21.1 above. Section 21.4 - Pre-Tax Deduction Employees shall continue to be permitted to participate in the current County IlLS 125 plan that allows certaSn insurance and benefit costs paid by the employee to be taken out and paid "pre- Section 21.5 - Federal Disability Benefit In the event an employee should receive an on-duty injury/illness which qualifies them for Federal disability benefits, or die in the line of duty, the County agrees to work closely with the employee's family and the Union in an effort to secure any and all benefits available under the Department of Justice Public Safety Officer Death/Disability Benefit. 83 ARTICLE 22 RETIREMENT PLAN Section 22.1 - Eligibility During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 22.2 - Contributions The County. will contribute as required by the provisions of the Plan on behalf of full-time and part-time employees. Section 22.3 - Other Deferred Plans The County agrees to continue to provide employees an option to participate in the National Association of Count/es ("NACO") or the International City and County Management Association ("ICMA") Deferred Compensation plans as currently offered. If either or both are stopped or modified for all other County employees, the same change will affect the bargaining unit. If an additional plan is offered to all other County employees, it will also be offered to the barga/ni.ng umt: Employees participating in these programs or other deferred compensation plans shall have access to held funds under the rules and guidelines established by the Plan 'Administrator and the Internal Revenue Service. Both the County and the employee will be bound by the decision of the Plan Administrator. 84 ARTICLE 23 TUITION REIMBURSE3/[ENT Section 23.1 - Tuition Policy The County will continue the current tuition reimbursement guideline as outlined'in the ' County's Human Resources Handbook. Section 23.2 - Countw Provided Training Full-time employees who enroll in and are accepted to attend Minimum Standards Fire Training in either Lee or Colher Counties shall have all costs associated with tuition, registra6on, books and fees paid by the County,. In return, all employees who become certified Firefighters agree to be available to participate in the ALS Engine Program. In the event the employee leaves their employment with Collier County within two (2) years of course completion, or fails to become cezhfied a,s a Firefighter following the m/n/mum standards training, the employee shall re/mburse the County all of the above costs. Said reimbursement shall be made in twenty-five percent (25%) increments taken through payroll deduction from the next four (4) pay periods or from the employee's final paycheck. Section 23.3 - Tuition Reimbursement/Part-Time Part-time EMT's shall have all costs associated with tuition, registration, books and fees for the.Paramedic Program and required prerequisites paid by the County. In the event the employee leaves their employment with Collier County within two (2) years of course completio become State Certified, the employee shall reimburse the County all of the above costs. The reimbursement will be taken. in allowable deductions from the next four pay per/ods or f~om the employee's final paycheck. 87 A_RTICLE 24 OUTSIDE ACTIVITIES Section 24.1 - Conduct Employees shall at alI times bear in mind that they are seen by the general public, while off duD' as we11 as on du~, as personnel of the County and shall at all times conduct themselves in a manner so as to bring no discredit or unfavorable publicity to the Count. Section 24.2 - Outside Employment Employees accepting employment with ~v other employer while employed by the County' shall do so only so long as the employment is not a conflict of interest. Lfan employee has outside employment, the employee's primary obligation shall continue to be to the Coun~ and he/she shaI] arrange affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Emergency Medical Services Chief, advising the County of the name, address and telephone number of the outside employer, and the nature of work performed. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. Hours worked in outside employment must end a minimum of eight (8) hours prior to when the employee is regularly scheduled to report for duty. : 88 ARTICLE 25 BULLETIN BOARD SPACE The Union may provide a bulletm board at its expense not to exceed 2 ft. by 3 ft. on the Union bulletin board will be restricted to: 2. 3, 4. Postings Notices of Union meetings; Notices of Union elections and results of elections; Notices of Union recreational and social affaks; and Notices of Union appointments and other official Union business. All notices shall be signed by an officer of the Union before they are posted. No materials, notices or announcements shall be posted which contain any02ng of a controversial nature and which adversely reflects upon Collier County or Collier County Emergency Medical Services, the elected officials of Colher County or any Colher County employees. A copy of all notices to be posted will be provided to the Emergency Medical Services Chief or designee prior to posting. 90 /FEB ? A_RTICLE 26 L2NION BUSINESS AND UNION TIME BANK Section 26.1 - Establishment The County agrees to establish a Union Time Bank upon the ratification oftiris Agreement_ Union members agree to contribute four (4) hours of accrued vacation leave time to the Union Time Bank on the first pay period in January. Section 26.2 - Use for Union Business The District 14 Vice President and/or his&er designee, may use hours Ikom the Union Time Bank to attend regular monthly Union meetings, negotiation sessions, conventions and for other required LTnion business. The leave shall be taken on an hour-for-hour basis. It shall be allowed when requested at least 72 hours in advance in writing to the appropriate EMS Commander or designee. The leave will start at the be~nning of the shift and will be in eight (8) hour increments. Section 26.3 - Use to Attend Committees Any District 14 member elected as a Delegate or Alternate to attend a convention shall also be permitted to use hours fi~om the Union Time Bank to attend those conventions. The leave shal~ be taken on an hour-for-hour basis (in 8 hour increments) and shall l~e granted when requested two (2) weeks in advance. The request will be made to the appropriate EMS Commander or designee. 92 Section 26.4 - No Use After Bank Exhausted Leaves as listed above shall be granted from the Union Time Bank so long as hours remain in the Ba~k each calendar year. Once hours in the Bank are exhausted to zero, no leave shall be granted from the Union Time Bank until contributions are made to the Bank next January. It shall be the responsibility of the District 14 Vice President to maintain a Union Time Bank log. Section 26.5 - Swap Time If no time remains in the Union Time Bank, the District 14 Vice President shall be allowed unlimited swap time for Distr/ct 14 Union business directly related to Colher County. The County reserves the right to verify the Union business. The employee must attend all on-duty training, and must otherwise comply with all requirements of Article 18. Section 26.6 - Meeting Room The members of Local 1826, District 14, Collier County F_aMS, sh/dl be granted space within the Collier County Government Complex or on other County-owned property to conduct membership meetings as needed, to the same extent those rooms are made available for other not- for-profit organizations. The Union will contact the Department responsible for the requested room to make arrangemeuts for its use. There will be no Union meetings in EMS work areas. 93 f FEB 1 3 2001 ARTICLE 27 UNIFORMS AND EQUIPMENT Section 27.1 - Items, Supplied by Court ,ty The County shall furnish all new full-time and part-time employees in job classifications Emergency Medical Technician, Paramedic, EMS Lieutenant, Paramedic-Firefighter, and Lieutenant Firefighter urnforms as set forth below: · Four (4) pair uniform pants · Four (4) uniform shirts · One (1) winter jacket · One (1) pair boots · One (I) badge · One (1) Name Tag/Collar Brass · Two (2) Jumpsuits~ (see below) · Four (4) t-shirts: (see below) · One (1) accountability name tag system · One (1) H.T. belt chp · Two (2) pair uniform shorts2 (see below) · NFPA-approved PPE as required Section 27.2 - Use Requirement Employees are required to use all issued equipment, uniforms and boots as defined by SOP or general order and report to work m a clean and neat appearance. Employees must also report to work with a watch that contalin a second counter and pens as required for paperwork. No personal ~ Four (4) appropriate flight jumpsuits and one (1) flight helmet for employees assigned to Helicopter Operations. Pilots will be issued lightweight shoes/boots in lieu of the NFPA Safety Boots fisted above, or may be given a shoe allowance to purchase Risk Management-approved black shoes. Pilots will also be provided w/th t-shirts, shorts and a winter jacket. 2 Eight (8) t-shirts total and four (4) pairs of uniform shorts for employees assigne~ to'~e ALS Engine Program. ] FEB cetlular telephones, pagers~ other than a small black pager worn on the belt, or other non-uniform equipment may be wqm While on duty. Pagers, ffworn or carried while on duty, must be operated in the silent/vibrate mode. Employees may keep their personal cell phones with them while on duty but may not utilize these phones while involved m any cail or wkile inside a County vehicle. Other than going to and from work, uniforms cannot be worn off duty. Section 27.3 - Replacement The employees in the above classification(s) shall be provided regular replacement of uniforms as needed. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced. Employees may be required to pay for lost urnforms or equipment. Employees in need of maternity uniforms shall be supplied two uniforms as needed at no cost. Jumpsuits and personal protective equipment will be supplied if it is available in supply. Section 27.4 - Additional Uniforms A. Employees shall always be permitted to purchase additional approved uniforms as outlined in th/s Article from a supplier selected by the County, if the employee requires or des/res uniforms in excess of those provided in this Article. B. The County will approve a lightweight jacket and cap. Employees may purchase the jacket and/or cap at their option and cost. Section 27.5 - Cold Weather In extremely cold weather, employees shall be permitted to supplement their uniforms with long underwear bottoms. Section 27.6 - Jewelry No jewelry of any type may be worn while on duty except for a wedding band, wristwatch and medic alert bracelets. No other jewelry, including but not limited to, earrings, nose rings, eyebrow rings, studs, etc., will be permitted. Section 27.7- Grooming Employees will maintain the/r hair in a clean and groomed cond/tion. Employees who choose to have long hair shall keep it pulled back so as to prevent it from failing into an employee's face/eyes or touching their collar. Sidebums are permitted, not to exceed middle of ear length. Employees will be clean-shaven on duty. A mustache that does not come between the sealing surface of the face piece of the respirator and the face is permissible. Employees will keep the/r nails neat and well groomed to a length that will not interfere w/th their ability to safely perform their job. Nail pohsh (clear or flesh colored) may be worn. Section 27.8 - Standard Operating Procedures, and Protocols The County agrees to issue each employee, upon request, a current copy of the following · Collier County Public Safety/EMS Standard Operation Procedure Manual; and · Medical Support Protocol (E~MT's, Parametrics and Lieu. tenants). ? Section 27.9 - Bio Hazard Protocol Employees mining in uniforms for cleaning or disposal in accordance with the_County Bio _ I ac~no~ ~7~ Hazard Protocol shall have the urnform replaced or returned within a reasonable amott oft'~e. I FEB 1 3 001 Section 27.10 - Additional Equipment/Certified Firefighters All employees certified as Firefighters and assigned to the ALS Engine Program stuffi receive the following protective equipment in addition to other uniforms and equipment outlined earlier in this Article. 1. One (1) properly sized individual issue SCBA face piece with prescription eyeglass insert and lenses, if required. 2. One (1) SCBA (not individual issue but shall be provided only when the employee is assigned to fire fighting duties). 3. Any other equipment regularly assigned to Firefighters assigned to suppress/on operations ia the Fire Department where the EMS employee is assigned (i.e., rescue webbing, safety goggles, spanner wrenches, etc.). Section 27.11 - Clothins in Quarters Between the hours of 5:30 p.m. and 8:30 a.m., employees in quarters awaiting call shall be' pemaitted to wear County, issue uniform shorts, County issue unifom t-shirts and casual footwear at a minimum. In addition, when employees are working out or washing or waxing the vehicle, uniform shorts and t-shirts are permitted but the employee must be in dress uniform when responding to a call. When responding to a call between 5:30 p.m. and 8:30 a.m., employees will bein the . jumpsuit. 97 .o._ FEB 1 3 ZOO1 ARTICLE 28 MISCELLANEOUS Section 28.~ - Parking The County will continue the current practice o£providing parking within defined park/rig spaces. It may be necessary to move cars atler the be~nning of the shill. No parking of private vehicles in station bays will be allowed. No maintenance, washing or waxing of personal vehicles shall occur on County property, regardless of whether or not an employee is on or off duty. Section 28.2 - Work Duties Unless assigned duties, employees may rest, sleep, watch TV, etc., between the hours of 4:30 p.m. and 7:00 a.m. Monday through Friday and after noon on Saturday and Sunday and County observed holidays. When an employee is assigned to work two consecutive shifts, with the Captain's or Division Commander's consent, the employee will be allowed to sleep at other times during the second consecutive shift. Radios will be monitored between 7:00 a.m. and 10:30 p.m. Section 28.3 - Compute~ . EMS/County computers will only be used for County busines~s: Personal computers may not use County phone lines. Section 28.4 - Residency Requirements 98 FEB 132001 I Due to the emergency response nature of the services provided, employees must live within Collier County or within sixty-five (65) nauhcal miles of Fleadquar[.ers. Section 28.5 - TV/VCR Between 7:00 a_m. and 4:30 p.m., Monday through Friday, and 6:30 a.m. and noon Saturday and Sunday, the EMS provided or personal television and VCR may only be used for work-related purposes. During other hours the EMS provided or personal tele¼sion and VCR may be used for non-work related purposes, subject to assignment of work duties under Section 28.2 and emergency response. Section 28.6 - Station Visits Family members and friends are only permitted to visit employees at their duty stations between ~e hours of 5:00 p.m. and 8:00 p.m. on weekdays, and between noon and 8:00 p.m. on weekends, for a maximum of one (1) hour. Family members and friends are not allowed to remain at the stations when the EMS employee is not at the station. Section 28.7 - Use of Telephone Except as hereinafter provided, EMS telephone lines are for business use only. A. Absent unusual circumstances, such as illness in the family, calls will be limited to two (2) per skifit. All telephone calls, incoming and outgoing, ~re limited to ten (10) minutes in length. 99 A~ I TF~,'M FEB B. Long distance telephone calls (long d/stance calls preceded by a "1") may not be charged to the County.. Any employee who violates this Section will be subject to suspension for one shift on the first occurrence. Section 28.8 - Other No pornographic material may be possessed or viewed on County property. Section 28.9 - Electronic Media Nothing in this Agreement will prohibit the CounW from eliminating paperwork and using electronic media. 100 ^~,-,~ ~T~ FE6 1 3 2001 ARTICLE 29 HEALTH AND SAFETY Section 29.1 - ]~ealth/Safetv Cooperation The County agrees to provide reasonable standards of safety and health in the Emergency Medical Services Department in order to eliminate accidents, deaths, injuries and illnesses in the Department. Health and safety is a joint responsibility; therefore, employees must follow all safety standards and utilize all safety equipment provided. Section 29.2 - Presumptions Employees who suffer any condition or impairment of health caused by any of the following conditions shall be rebuttably presumed to have been by accidental means and to have been suffered in the line of duty, unless the contrary can be shown by satisfactory evidence by the County: · Hepatitis A; · Hepatitis B; · Hepatitis Non-A; · Hepatitis Non-B; · Pulmonary Tuberculosis; or · Memingocal Meningitis Section 29.3 - Employee Assistance Program The County will provide an Employee Assistance Program ~v/th coverage consistent with the program provided for other County employees. All information relative to an employee's participation will only be recorded in a confidential file, with access limited as reqnlr~d hv law. I ~,a~ ....~t xJ.h j FEB 13 102 J ~. Section 29.4 - Debriefing The County shall schedule defusing sessions and post-incident debr/efmg sessions with the County CISD team when requested by the employee involved in a significant on-duty medical- related inc/dent. Units mvotved shall, when practical, be placed out o£service until a replacement crew can be assigned or until such time as the crew is debr/efed and cleared for duty. [freleased from duty for the remainder of the shift, the employee shall be compensated and the time wil/be charged to sick leave or paid Administrative leave, at the Chief's discretion. Section 29.5 - Tobacco Products Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) cannot be used in stations or in County vehicles while on or off duty. 103 FEB !3 001 I ARTICLE 30 ALCOHOL AND DRUG TESTING Section 30.1 - Policy The County prohibits the use, possession, transfer, sale and receipt of illegal drugs and narcotics at all times, whether on or off duty. The County prohibits the abuse of alcohol at all times, whether on or off duty. In addition, the County prohibits the use or possession of alcohol, or reporting to work under or being under the influence of alcohol while on duty. Section 30.2 - Reasonable Suspicion Testing In ~e event a member of management has a reasonable suspicion to believe that an employee is under ~e influence of drugs or alcohol on duty, he/she may require that the employee submit to an industry-accepted breathalyzer test, blood test, urmalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not 1/mired to accident, absenteeism, injury, conduct, performance, physical signs such as impaJxed reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, The County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry-accepted testing procedures. 104 No ',t FEB 1 3 2001 Pg. Section 30.3 - Refusal to Test 'In the event an appropriate management official as defined in Section 30.2 above requests that an employee subm/t to a breath, blood, urine and/or other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 30.4 - Search of Property., In order to promote safety, health and security concerns, the Emergency Medical Services Chiefand/or designee may search lockers, vehicles and other County-owned or supplied areas. The Emergency Medical Services Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee-owned vehicles, handbags, lunch boxes, and other containers or personal effects, including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. Section 30.5 - Prescription Dr~gs All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that they are talcing such medication on the advice of a physician. It is the employee's responsibility to also info. ~r!fi his/her supervisor of the possible side effects of the drug on perf0miance and expected duration of - use. The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. FEB 1 3 ZOO1 Section 30,6 - Cost of Dru~/Alcohol Testing The cost of chug and alcohol screening tests required by the County v,411 be paid by the County. Section 30.7 - Discip .line The County retains the right to discipline, up to and including discharge, any employee who uses, possesses, dispenses, sells or buys illegal d_rugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under or is under the influence of illegal drugs or alcohoi. Employees are also prohibited from reporting to work with the smell of alcohol on their breath. The existence of an Employee Assistance Program does not affect the right of the County to '.m~pose discipline, up to and including termination, for violating this Article. Section 30.8 - Conviction of Drup, L~lcohol Offense- Any employee who is convicted, pleads guilty or nolo contendre (no contest) to any criminal dr~g statute violation, or o£ driving under the influence of drugs or alcohol, whether on or off duty, must nodS/the Director of Human Resources no later than five (5) days after such conviction. Failure to do so will be cause of appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the ~propriate determination as to what disciplinary or other action, if any, is to be taken. Section 30.9 - Other Testin~ 106 The County reserves the right to inidate any other drug or alcohol testing, including random testing, upon 60-days written notice to the Union and the employees. 107 FEB I 3 2001 ARTICLE 31 STATION FACILITIES Section 31.1 - Station Facilities To Be Eq_uipped The County agrees that County-owned stations will be equipped as outlined in this Article. Section 31.2 - Minimum Equipment Each ambulance station shall be supplied with the following m/onimum equipmere and supphes: · 1 twin bed per on-duty employee · Air conditioning and heat · Microwave oven · Video VHS player · Refrigerator · Dishes to include plates, d_hnkSng glasses, coffee cups, knives, forks and spoons · Color television · Telephone · Kitchen sink · Stove · Water service · Bathroom with shower facihties · Assorted cooking pans and utensils · Electric service · Area for paperwork · Gear bag for personal protective equipment · Electronic bulletin board (if used, limitations of Article 25 are applicable) The above equipment and supplies shall be supplied directly by the Cotmty in County-owned stations. If the Station is provided or owned by an agency other than the County, every reasonable effort will be made by the County to allow for the free use of the above equipment and ~nnnHe..q FEB132001 L? he employees. The County and employees shall ensure that the equ/pment listed in this Section shall be maintained in good working condition. 109 FEB I 3 2001 9.Z,- F'/,/~. _ ARTICLE 32 STAFFE~G Section 32.1 - Station Location The County retains the right to identify station locations for 24-hour units that are different from those in effect on ratification date of this Agreement. Station location will be based on the County's determination on how to best meet the public's needs, and the County may close or change station locations or open new station locations, as the system's needs change. If a new County- owned station location is established, the County agrees to equip it as outlined in the Station Facilities Article. Section 32.2 - Battalion Composition EMS will initially be divided into two Divisions (North and South). Except as provided in Article 12, Section 12.1, personnel assigned to these divisions will work the 24/48 schedules. A. The following grouping of station locations (Division & Battalions) will be in effect upon the implementation of this contract. Additional stations and/or battalions may be created, or stations may be added to or removed from a battalion, based on operational needs. North Division. · Battalion 3 Station 3 Station 10 · Battalion 4 Station 5 Station 17 Station 6 Station 8 Station 16 Inter-Facility Unit Station 7 Station 12 112 South Division. · Battalion 1 Station 1 Station 2 Station 15 Station 19 Station 20 · Ba~a~on 2 Station 4 Station 9 Station 11 Station I4 Station 18 Section 32.3 - Starting Time A. Employees on a 24-hour shift will start at 8:30 a.m., except for Flight Medics who will start their shift at 7:00 a.m. B. Pilots will work a 7:00 a.m. to 7:00 p.m. or 7:00 p.m. to 7:00 a.m. shift. Section 32.4 - Rotation Subject to operational cond/tions, employees assigned to a Battalion will rotate through each station monthly' on a continual basis. Sect-ion 32.5 - Vacancies Employees who desire to move from the North Division to the South Division or vice versa may put a request in writing and, as vacancies occur, those with the request will be considered for the vacancy. A. B. There will be no husband/wife crews or live-in crews..: lit possible, accommodations shall be made to keep husbands and wives employed by CCEMS on the same shift upon request. Consideration will also be g/vcn to allowing ~.mnl,~,~--~ . ~1 AGEFg~.% l'[ti~, ~ 113 whose spouse works for another local agency to work the same shift. In addition, the EMS Ch/ef may extend the same shift accommodations to employees who share a close familial relationship. Section 32.6 -ALS Engine ProRram Fire Department personnel may be assigned work duties on EMS units on a one-to-one exchange with an EMS Lieutenant/Firefighter or Paramedic/Firefighter assigned to the Fire Deparmaent umt. At no t/me shall Fire Department personnel be utilized to cover sick or vacation openings. Section 32.7 - Actine Lieutenant When a Paramedic has met the requirements of the General Order to take the Lieutenant exam, the employee will receive a one percent (1%) pay increase. If it is determined by the Commander that an Act'rag Lieutenant is necessary, for any reason, any Paramedic receiving the one percent (1%) extra compensation under this Section may be assigned as Acting Lieutenant without additional compensation. Nothing in this Section will require the County to appoint an Acting Lieutenant in the absence of a Lieutenant. 114 FEB 3 200' I ARTICLE 33 COMML2NITY AND SPECIAL EVENTS Section 33.1 - Community. Events A. The County may require employees/crews to complete Commu.~ty Evellts in accordance with the g~tidelines below. These Community Events shall be designed to raise public awareness to services provided by Collier County EMS and shall service some functional or educational community need. Community Events shall only be scheduled during normal work hours when the employee is regularly scheduled to work, unless all of the employees involved agree to conduct the Community Event during off-duty hours and the off-duty event is approved in advance by the EMS Operations Chief or designee. In such instances, employees involved shall be paid at the appropriate straight-me/overtime rate of pay for hours spent off-duty providing the Community Event. At no time shall employees be required to spend their own funds in promoting or providing Community Events. The County shall provide any and all required equipment such that Commurtity Events may be conducted in a safe and professional manner. B. Community Events include, but are not limited to: 1. Taking blood pressures and educating members of the public about EMS at a local area of public access or community gathering spot for a total of two (2) hours (two hours is one Community Event). 2. Home visits for pool safety education and drowning awareness (two visits is one Community Event). 116 3. School lunch visit to any private or public school to visit with the students and to promote EMS to the students. 4. A pre-incident visit to any nurs/ng facility, assisted living fac'~lity, medical facility or place of assembly to include a written pre-incident plan to be forwarded to the Battalion Commander for distr/bution to all units that may respond to the facility in the future. 5. A talk to a civic organization, church, club, homeowners' association or other group promoting EMS or educating the publ/c on health awareness issues. 6. Teaching a CPR course to any group as set up and approved by the County (while on duty). 7. Participation in a Health Fair. 8. Special events as assigned by the Battalion Commander (i.e., sporting events, swamp buggy races, Project Graduation, etc.). 9. Other events approved by the EMS Operations Chief or designee. It is understood that spontaneous, unscheduled interactions with the public (such as station/ unit tours) that are not initiated and scheduled by either the employee or EMS Administration shall not be considered Community Events. C. Employees shall be required to complete one (1) Community Event per month developed by the employee. In addition, employees will be required to perform any Commullity Event assigned by their Commander, the assigned Community Event' does not count toward the one per month. 117 FEEt 1 3 2001 Exceptions. 1. Employees assigned to and working on an ALS Engine or as a Flight Medic for the month shall only be responsible to participate in Community Events scheduled by the Fire Department or the EMS Operations Chief or designee. 2. Employees volunteering as County-approved leaders/advisors in the EMS Explorer Program shall be exempt fi-om additional Commumty Events. Section 33.2 - Special Events Employees scheduled to cover Special Events (i.e., football games, concerts, etc.) shall be provided all necessary equipment required to cover the event. Events requiring a dedicated EMS unit will first be staffed with volunteers who will be paid the appropriate straight-time/overtime hourly rate. If volunteers are not available and mandatory overtime is not required, the County may cover the Event with an on-line unit. 118 AGENDA ITEM FEB 1 3 2001 ARTICLE 34 EDUCATIONAL 12NCENTIVES Section 34.1 - Mandatory Classes/In Service Employees required to attend mandatory classes or mandatory m-service training shall be paid at the appropriate straight-time/overtime rate of pay for each hour they attend class. Section 34.2 - Degree Incentive Pay Employees meehng and maintaining any of the follow/rig educational requirements or certifications shall receive educational incentive pay as reflected in the schedule below. Incentive pay shall be paid by the County from the first day of the pay period following the date the employee provides a copy of the certification/degree to the County. DEGREE % INCREASE A.S. Degree/n: Nursing, Emergency Medical Technology, Respiratory Therapy, Fire Admimstration (for Pilots, a degree in Aviation Management or similar aviation- related degree) Bachelo'rs Degree in: Nursing, Public Admirfistration, Business Administration, Health Care Administration, Zoology, Pre- Med, Biology, Chemistry, Professional Studies, Fire Administration Master's Degree in: Any of the academic disciplines listed under the Bachelor's Degree above. 2% increase in the employee's base hourly rate of pay 4% increase in the employee's base hourly rate of pay 6% increas0 in the employee's base hourly rate of pay Employees may receive educational incentive pay for only one of the degree incentives - (Associate's degree, Bachelor's degree or Master's degree) at any one time. The monies paid unde~ th/s Article for the degrees listed above are in addition to monies supplied directly by the State for the same degrees. Section 34.3 - Additional Incentive Pay Paramedics who have a current American Heart Association ACLS Instructor Certificate and who also have either a current PALS, APLS or BTLS Instructor Certificate wil/receive an incentive of 2% added to the employee's base hourly rate of pay. The maximum incentive under this Section is 2%. 121 AGEN~'~ ITEM ' FEB 1 3 001 ARTICLE 35 LICENSURE Section 35.1 - Responsibility Employees who are required to have current Florida State EMT or Paramedic certification shall, as a part of their job, be solely responsible for keeping the certification current as required by Florida law, with the exception of necessary C.E.U.'s required for certification as an EMT or Paramedic. The County agrees to supply employees copies of all paperwork showing proof of Continuing Education Hours obta'med by the employee at In-Service Training classes offered by the County.. This paperwork shall be supplied to the employee in such time as to allow the employee to get recertif:cation paperwork to the State of Florida in the time required for recertification. Section 35.2 - Florida Driver's License Employees within the bargaining unit are required, as a condition of continued employment, to maintain a current appropriate Florida Driver's license and must comply with County Policy on Eligibility to Drive County Vehicles (CAA 5805). 122 FEB 1 21 01 ARTICLE 36 LN-SERVICE/CONTINUING EDUCATION TRAINING Section 36.1 - CPR/Advanced Cardiac Life Support Re-Certification Classes The County agrees to sponsor and conduct an American Heart Association CPR and Advanced Cardiac Life Support re-certification class at least once every. two years at no cost to the employees. The County. agrees to make available to each employee attending the training all necessary textbooks required for the class. Section 36.2 - In-Service Training The County. agrees to offer in-serv/ce training classes ever3' other month (six per year) at a locat/on within the County.. The classes will provide acceptable Continuing Education Units for both EMT and Paramedic re-certification. These m-service training classes shall be offered so employees are able to attend while off. duty.. The in-service classes are mandatory unless excused by the Medical Director. Employees shall be paid by the County at the appropriate rate for each hour spent attending in-service training classes. 124 FEB 1 3 2001 ARTICLE 37 OUT-OF-TOWN TRANSFERS AND TRAVEL Section 37.1 - Mileage When authorized by the County to use their personally owned vehicles for official business or approved training, employees shall be compensated at the rate per mile as established by County Policy. Section 37.2 - Per Diem When traveling outside of Colher County on approved business for the County. and not being paid their hourly rate of pay, employees shall be paid a per diem rate per day of traveVbusiness equal to the amount set by County Policy. Section 37.3 - Out-Of-Town Transfers Employees sent on a vehicle for an out-of-town transfer (outside Collier County and Lee County) shall be provided the following: A. Money for tolls (reimbursed upon rerum when requested using the proper County form). B. Money or credit card for fuel purchases. C. Cellular telephone for emergency communications while outside Collier County. 126 :MRTICLE 38 MEDICAL QU.M.~ITY ASSURANCE The Umon and the Court .ty agree that Medical Quality Assurance is of paramount importance in assuring the citizens of Collier County receive the best possible level of Emergency Medical Pre- Hospital Care. The Union and the County also agree that the responsibility for assuring quality medical care rests jointly with the Collier County Medical Director, Collier County EMS Administration, and the employees. 128 F£B 1 3 2001 ARTICLE 39 SAYTNGS CLAUSE Section 39.1 - Savings If any Article or Section of this Agreement should be found invahd, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other .~ticles and Sections oftiris Agreement shall remain in full force and effect for the duration of this Agreement. Section 39.2 - Re-Neg9tiation In the even~ of mvalidation of any )~:ticle or Section, both the County and the Union agree to meet within thirD.' (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. 130 ARTICLE 40 DLqtATION Section 40.1 - Termination This Agreement will be in full force and effect as of the effective date of ratification of this Agreement by the parties and shall remain in full force and effect until midmght, the 30th day agter September, 2003. Either party' may reopen negotiations for the 2003-2004 contract year by giving the other notice of termination and intent to reopen during May, 2003. Failure to ~ve notice of termination and intent to reopen will result in this Agreement automatically renewing until notice is given during May of any subsequent year. Section 40.2 - Reopener Either party may open Article 20, Rates of Pay, an&'or Pay for Performance for the third year of the Agreement by ~ving the other written notice of the intent to reopen during June, 2002. Section 40.3 - No Changes in Wages or Benefits There will be no increase or decrease in wages or benefits nor continuation of the Pay for Performance pay plan at any time the Agreement has been terminated under Section 40.1 above, or reopened for wage negotiations under Section 40.2 above, until thb parties .have ratified a new Agreement or until impasse procedures have been exhausted. 132 FOR COLLIER COUNTY: Thomas W. Oliff Collier County Manager FOR THE UNION: WITNESS: , Representative Southwest Florida Professional Firefighters & Paramedics, Lnternational Association of Firefighters, Local 1826 Type or PrLnt Name: Date Type or Print Name: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to legal form and sufficiency: 133 ., Chairperson FEB 13 2001 ! OFFICE OF ~ COUNTY ADMIMISTRATOR ADM/NISTRATIVE PROCEDURE Appendix A CAA Instruction' 5351 Effective Date: April 9, 1999 (Revised: March 13, 2000) SUBJECT: Discipline PURPOSE: The purpose of tiffs Instruct/on is to provide for the implementation of a Discipline procedure authorized by the County Administrator. CONCEPT: It is the practice of the County to implement a practice of positive discipline. The County believes employees are the most vital resource of County Government. Therefore, when employee behavior warrants it, supervisors must take positive corrective action whenever practical. These disciplinaW procedures apply only to all regular full-t/me and part-time employees below the level of Department Director. Department Directors, Division Administrators, County Attorney and the County Administrator reporting to the Board of County Commissioners are exempt from the disciplinary practice, serve at the w/11 of the County and may be discharged for any reason (a listing of all employees exempt from this procedure is attached). All temporary and seasonal employees and contractual staff of the County are also exempt from the disciplinary procedure. A. Factors In Discipline Although internal consistency in administering discipline is desirable, numerous factors should be considered in determining the appropriate level of discipline to be administered. These factors include, but are not limited to: 2. 3. 4. 5. 6. 7. Employee's length of service. Intervals between performance or behavior problems. Employee's willingness to improve overall work performance or behavior. Previous disciplinary actions. Effectiveness of prior disciplinary actions. Sever/ty of disciplined behavior. Repetition of disciplined behavior. B. Philosophy Supervisors should work with employees to improve performan~e or behavior and may refer employees to the Employee Assistance Program whenever possible. Each disciplinary act/on, other than verbal counseling, must be fully documented on a Behar/or Action Plan and submitted to the Human Resources Department prior to implementation. Some breaches of conduct are so severe, however, that they warrant an immediate discharge or other disciplinary action. C. Disciplinary Actions 1. Verbal counselingsess/on / FEEl 1 3 2001 Adrmmstrative Procedure Supervisors should advise employees immediately whenever the employee's attitude, work habits, or personal conduct falls below an acceptable level. b) It is the responsibility of the employee's immediate supervisor to get all the facts, weigh the evidence and discuss any disciplinary problems with the employee involved. c) The purpose of a verbal counseling session is to encourage employees to improve their work habits, at-tirade, attendance, or behavior. Discussions of this nature are commonly used when an employee disregards work rules of a relatively m'mor nature. The normal procedure is for the employee's immediate supervisor to identify and define the area in need of improvement and ask the employee what steps they will take to make improvements in their behavior. d) A verbal counseling session serves notice that if improvement is not forthcoming, or the misconduct re-occurs, then more formal disciplinary action such as written counseling, suspension, or discharge may be taken. The supervisor should note the verbal counseling session on the County's Supervisory Log Form and maintain this form in department records. The supervisor and the employee should initial the Supervisory Log entry. This form should not be placed in the employee persormel file in the Human Resources Department, but should be retained by the Supervisor. Wr/tten Counseling Session a) In situations where verbal counseling has not resulted in the expected improvement, or when an employee exhibits further disciplinary problems or when the employee's conduct warrants, a Behavior Action Plan shall be issued defining the nature of conduct. If misconduct is involved, the information should include a descr/pt/on of the incident of misconduct and refer to times, dates, locations, personnel involved and rules violated, if applicable. b) The employee's immediate supervisor may initiate the Behavior Action Plan in coord'mation with the Department Director and Division Administrator and give the form to the employee after approval by the Human Resources Director, Department Director and Division Adm'mistrator. c) The employee's signature is requested on the Behavior Action Plan to acknowledge receipt; however, the signature may or may not indicate an employee's agreement with the disciplinary action. If the employee refuses to sign, it should be so indicated on the Behavior Action Plan in the area reserved for the employee's signature.The Deparm~ent Director's and Division Administrator's signatures must be included. d) The Behavior Action Plan, documenting the conduct and, where appropriate, the Code of Ethics/Standards of Conduct violated and disciplinary action taken, shall be retained in the employee's personnel file in the Human Resources Department. e) The following include, but are not limited to, action. s that may warrant immediate discharge: assault, felony convictions, theft, sexual: harassment, or other severe misconduct or unsatisfactory performance or behavior. Suspension a) Discipline Page 2 of 7 a) An employee may be suspended by the employee's immediate supervisor, with the prior approval of the Department Director or Division Administrator or their designees and upon consultation with the Human Resources Department. Such suspension may be without pay for reasons provided in the Code of Ethics/Standards of Coniuct gt:f~ ,'yt~- other unacceptable conduct. Suspension shall be in accordance with the re+ir~l~-~z~~! of the Fair Labor Standards Act. / FEB I 3 7001 Administrative Procedure In emergency situations, the immediate supervisor may place an employee on administrative leave with pay without the approvals and consultation indicated above (weekends, nightshift, perceived danger to fellow employees, the public or to County property, safety concerns; etc.). In these cases, the supervisor should contact the Department Dzrector and Human Resources Director as soon as possible. c) Suspensions shall be documented on the Behavior Action Plan which describes unacceptable conduct and, where appropriate, the Code of Ethics/Standards of Conduct violated and the disciplinary action administered. The original copy of the Behavior Action Plan shall be retained in the employee's personnel file in the Human Resources Department. Discharge a) Employees may be discharged for misconduct, unacceptable job performance, job abandonment and/or violations of the Code of Ethics/Standards of Conduct. As noted in the Code of Ethics/Standards of Conduct, the reasons for discipline, including discharge, outlined therein are examples and are not considered all inclusive. Recommendations to discharge regular full-time and regular part-time employees who have completed their initial probationary period may be made by the employee's Department Director by completion of a Behavior Action Plan. The Behavior Action Plan should indicate a description of reasons for the recommended discharge and indicate the Code of Ethics/Standard of Conduct violated, if applicable, or other reasons for the recommended discharge. c) The Behavior Action Plan should be signed by the Division Administrator and forwarded to the Human Resources Director for review and consultation prior to communication with the employee. In extreme cases, this approval may be obtained verbally. d) Employees may be placed on administrative leave with pay pending approval of the discharge and will be entitled to a termination hearing upon written request. (See Sections D.2. and D.3. below.) Employees at the Department Director level and above serve at the will of the County. Administrator and/or Appointing Authority and are exempt from the discharge appeal procedure, and may be discharged for any reason. New Hire probationary, temporary and seasonal employees and contractual staff are not covered by this procedure and may be separated at any time for any reason. When disciplinary action is taken and a Behavior Action Plan is completed, an employee may be placed on probation for a period not to exceed three (3) months. When the employee meets the established goal(s), the probationary period may be lifted at that time. If the employee does'not meet the established goal(s), further disciplinary action may be taken, up to and including discharge. : Discipline Page 3 of 7 b) 7. D. Suspension and Discharge Appeal Procedures No appeal will be allowed for any disciplinary action except for suspension and terminations as outlined below. Employees will, however, be permitted to submit statements outlinin~ait~"r;t'r.;~t~ reason(s), if any, for their disagreement with the disciplinary action taken.[ mo. ?. Ix-(.-~ ~ 1. Post Suspension Appeal /[rE8 J 3 2001 a) The employee may request a hearing, within five (5) working days of rec{~p~i~...sh.~-- not-ice of suspension before the County AdmimsU'ator or h/s/her designee. The Administrative Procedure Discipline Page 4 of 7 Division Administrator, Department Director, and Human Resources Director, or their respective designees, shall be in attendance. The employee may be allowed to present w/messes, documentation and cross-examine witnesses presented by the County. The employee will be allowed representanon by an attorney. The employee will have a right to examine the evidence that forms the basis for the suspension. The Div/sion Administrator or h/s designee, and the employee's supermsor, shall present the reasons for the suspension and will also be allowed to present wutnesses and documentation, and to cross-examine witnesses presented by the employee. The County Administrator or designee shall take action to ensure all facts in the matter are determined. The judicial rules of procedure and evidence will not be applicable. The County Administrator shall render their decision w/thin ten (10) working days of the hearing. A tape (audio) record'mg of the heating will be maintained and all witnesses promding testimony will be put under oath. a) The employee shall be entitled to review and copy any public record within the possession of the County to the extent such records are public records under Florida Statutes, Chapter 119. The cost of making such copies shall be paid by the individual requesting the copies at a cost provided by Florida Statute. b) Upon voitten request by the employee at least three (3) working days prior to the hearing, the County will require the attendance of a reasonable number of County employees at the hearing as witnesses for the employee. The County will be responsible for the wage or salaries of all County employee witnesses who appear at the hearing at the request of the employee. A list of witnesses and summary of testimony, and other evidence, shall be provided by both parties to the Human Resources Department at least three (3) working days prior to the heanng. c) At the option of the County Administrator, a Hearing Officer, may be selected to make the Findings of Fact. The person selected will either be (1) an attorney who is a member of the Florida Bar Association, or (2) an arbitrator listed with either the American Arbitration Association or the Federal Mediation and Conciliation Service. All expenses of the Hearing Officer will be the responsibility of the County. The Hearing Officer will prepare written Recommended Find'rags of Fact and, if appropriate, Conclusions of Law, and submit them to the County Administrator or Designee as expeditiously as possible following the close of the hearing. The Hearing Officer will not make any recommendation as to the actual resolution of the suspension. The County Administrator will issue a final decision within ten (10) working days to the employee. d) If the suspension is upheld by the County Administrator, the Behavior Action Plan documenting the suspension shall be placed in the employee's personnel file in the Human Resources Department. If the suspension is overturned by the County Administrator, all pay, if applicable, shall be reinstated to the employee, and no documentat/on regarding the suspension shall be placid in the employt Pre-Termination Hearing a) FEB 1 3 2001 A pre-term'mation (discharge) heating, if requested in writing by the em' >1oyee within five (5) working days of the action, will be coordinated by the Human Resources Director or designee and is intended to present the factual reasons for the discharge for verification or denial of those facts by the employee. The heating can be waived by the employee in which case the proposed disciplinary action will stand. Admm/strative Procedure Discipline Page 5 of 7 b) The employee will receive notification of the hearing in writing a miramum of 24 hours prior to the hearing from the Human Resources Director or his/her designee. This notice will contain the date, time and place of the hearing, reasons for the discharge and a copy of the approved Behavior Action Plan. Failure of the employee to attend the scheduled hearing will be considered a waiver of the hearing and the discharge will stand. c) The pre-termination hearing will be conducted by the Division Admm/strator or designee with assistance from the Human Resources Department. The purpose of the heating is to avoid factual mistakes relating to the matter and to rule on the appropriateness of the action. The employee will not be allowed representation by an attorney. d) The Division Administrator or designee shall make a decision within three (3) working days of the conclusion of the hearing. The Division Administrator shall advise the employee and the Human Resources Director of the decision and once a written answer is prepared, will provide a copy to the employee, Human Resources Director, immediate supervisor, and Department Director. Post-Termination Appeal a) The employee may then request a hearing, within five (5) working days of receipt of the Division Administrator's determination, before the County Administrator or his/her designee. The Division Administrator, Department Director, and Human Resources Director, or their respective designees, shall be in attendance. The employee may be allowed to present witnesses, documentation and cross-examine witnesses presented by the County. The emptoyee will be allowed representation by an attorney. The employee will have a right to examine the evidence that forms the basis for the discharge. The Division Administrator or his designee, and the employee's supervisor, shall present the reasons for the discharge and will also be allowed to present witnesses and documentation, and to cross-examine witnesses presented by the employee. The County Administrator or designee shall take action to ensure all facts in the matter are determined. The judicial rules of procedure and evidence will not be applicable. The County Administrator shall render their decision within ten (10) working days of the hearing. A tape (audio) recording of the hearing will be maintained and all witnesses providing testimony will be put under oath. b) The employee shall be entitled to review and copy any public record Within the possession of the County to the extent such records are public records under Florida Statutes, Chapter 119. The cost of making such copies shall be paid by the individual requesting the copies at a cost provided by Florida Statute. c) Upon written request by the employee at least three (3) working days prior to the hearing, the County will reqtiire'the attendance of a reasonable number of County employees at the hearing as witnesses for the employee. The County will be responsible for the wage or salaries of all County employee witnesses who appear at the hearing at the request of the employee. A list of witnesses and summary of testimony, and other evidence, shall be provided by both parties to the Human Resources Department at least three (3) working days prior to the hearing. d) At the option of the County Administrator, a Hearing Officer, may be selected to make the Findings of Fact. The person selected will either be (1) an I~ ! '-' x attorney who is a member of the Florida Bar Association, or (2) an arbitrator listed i~ _6~ with either the American Arbitration Association or the Federal Mediation and~ Administrative Procedure Disciplme Page 6 of 7 Conciliation Service. All expenses of the Heating Officer will be the responsibility of the County. The Hearing Officer will prepare written Recommended Findings of Fact and, if appropriate, Conclusions of Law, and submit them to the County Admmismitor or Designee as expeditiously as possible followhag the close of the hearing. The Heating Officer will not make any recommendation as to the actual resolution of the discharge. The County Administrator will issue a final decision within ten (10) working days to the employee. e) If the discharge is upheld by the County Administrator, the Behav/or Act/on Plan documenting the discharge shall be placed in the employee's personnel file in the Human Resources Department. If the discharge is overturned by the County Admimstrator, all pay and benefits, if applicable, and original date of hire shall be reinstated to the employee, and no documentation regarding the discharge shall be placed in the employee's personnel file. CURRENCY: The Human Resources Department is responsible for maintaining the currency of this Instruction. MI CFL4AEL McNEES Interim County Administrator FEB 1 3 7.0(I1 Appendix B COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT SUBJECT: GENERAL ORDER # EMS/RESCUE LIEUTENANT PROGRAM PREPARED BY: Jorge Aguilera, Training Commander Collier County Emergency Medical Services Department DATE: PURPOSE & INTENT: To provide specific direction on all aspects of EMS/Rescue · Lieutenant responsibility, duties, qualification and method for advancement. ASSIGNED RESPONSIBILITY: All Emergency Medical Services Department Colleagues. PROCEDURES SCOPE OF RESPONSIBILITY: EMS / Rescue Lieutenants are responsible for all aspects of the day to day management of their assigned truck, equipment, station and team members including the training. They are responsible for, and in command of all aspects of patient care. QUALIFICATIONS: Experience: Minimum of two (2) year"s uninterrupted full time with Collier County EMS Department and a minimum of one year as a county certified paramedic. > Must have a "meets standards" or better evaluation for the previous 2 years ( 2 years is defined asi From the designated deadline for paper work submitted for a promotional test, counting backwards 730 days). ~ > No level 1 or 2 level Quality Assurance reviews over the previous two (2) year pedod( 2 years is defined as: From the designated deadline for paper work submitted for a promotional test, counting backwards 730 days). FEB 1 3 2001 Appendix B Training > Possession of a valid Flodda Paramedic License. Possession of valid Class D Flodda Drivers License with an "E" endorsement > Possession of a valid Emergency Vehicle Operators Course (EVOC) certificate; minimum 16 hours. Possession of a valid CPR HealthCare Provider certification. Possession of a valid ACLS Provider certification. Completion of a APLS or PALS certificate course. Completion of a PHTLS or BTLS certificate course. > Completion of a Basic Firefighter; Firefighter 1 certificate course or be enrolled in and attending the Firefighters Minimum Standards Course. If the employee chooses the Minimum Standards Option, the employee must successfully complete the course within six months of passing the Lieutenant's exam to be considered for a promotion or if promoted, to retain the promotion. > Completion of a Incident Command System certification course may be required. > Completion of a Rescue and Vehicle Extrication certification course may be required. > Completion of a Hazmat EMS Responder Level 1 certification course may be required. > Completion of a Basic Water Rescue certification course. > Must have completed the County Supervisory Skill Development Course, or must complete at the first available opportunity following promotion a County offered or County approved Supervisory Training program. > Physical agility testing may be required (The County will work with the Union to establish a physical agility test). PREPARED BY: Jorge Aguilera, Commander Dr. Robert B. Tober MD., EMS Department Medical Director APPROVED BY: Diane B. Flagg, Emergency Services Department, Chief FEB 1 3 2001 EXECUTIVESUMMARY Appendix C APPROVAL OF THE COLLIER COUNTY GROUP BENEFIT PLAN H~ALTH INSU'R_ANCE PLAN DOCIJ-MENT EFFECTIVE JANUARY 1, 2001. OBJECTIVE: To update the CounW's group health plan document to reflect changes to the plan, the plan administrator, and contact information and to d/stribute the updated document to employees. CONSIDERATION: The Board of Commissioners provides group health insurance coverage to its employees through a self-insured group health program. This program utilizes a master plan document (the policy or plan document) which governs covered benefits and exclusions. The County's third party claims administrator, Robey Barber, utilizes this document to govern the payment of benefits. This document was last updated in 1999. However, since that time various changes have occurred wh/ch are not reflected in the most recent document. These changes include the name, address, and contact information of the current claims administrator, Robey Barber Insurance Services; changes to the prescription drug plan; nor does it include anticipated plan design changes effective January 1, 2001. After the Board's decision to utilize Robey Barber to perform claims administration in January, 2000 the Risk Management Department requested that Robey Barber revise the document. The most significant coverage changes included in the plan document are as follows: 1) The deletion of the $200 deductible option as previously approved by the Board in September. 2) The institution of the current prescription drug co-payment arrangement as previously approved by the Board effective May 1, 2000. 3) The institution of a co-payment arrangement for in-network physician office visits effective January 1, 2001. In September, 2000 the Board approved a $25 co-pay which included all services provided by the physician in the office on the same day of service subject to certain exclusions. Upon further review of this change from an administrative standpoint and after input from employees, it is now recommended that the Board institute a $15 co-pay for services provided by a primary care physician for the same day of service subject to a maximum $300 cap with all remaining charges being applied to the deductible. In addition, a $25 co-payment would apply to servic~es provided by a specialty care physician subject to a $300 cap. This change is recommended because many employees expressed concern that the co-payment did not apply to the deductible and they also expressed concern that the $25 co-pay amount was too high for an office visit only. By covering all services provided by the physician yet establishing a $300 cap, coverage is broadened while continuing to provide a fair cost sharing arrangement between the plan and the employee. Appendix C 4) A change to the Chiropractic benefit to include massage which hmits the amount allowed to $45 per visit up to an annual maximum of $1500. 5) A change to the Emergency Room Benefit which eliminates the $100 non- emergency deductible and institutes a $50 emergency room deductible visit for in- network facilities and a $100 deductible for our of network facilities. The document was prepared and reviewed by the Comaty's Group Health Claims Administrator, Robey Barber and the R/sk Management Director. Once approved by the Board of Commissioners, each employee will be provided a copy of the document. FISCAL IMPACT: There is no fiscal impact as a result of these changes being incorporated and implemented in the aggregate. The cost to fund the health plan this fiscal year is estimated to remain at $6,800,000 as budgeted. GROWTH M/kNAGEMENT IMPACT: There is no growth management impact related to the approval of the plan document. RECOMMENDATION: It is recommended that the Board approve the Collier County Group Benefit Plan Document. SU]3MITTED BY: Date: 'Jeff Walker, CPCU, ARM, Director, Risk Management REVIEWED BY: Date: Jo-Anne Varcoe-Leamer, Support Services Administrator Appendix D OFFICE OF TIlE COUNTY ADMINISTRATOR ADM/NISTRATIVE PROCEDURE CAA Instruction 5805 Effective Date: October 1, 1998 SUBJECT: Eligibility to Drive County Vehicles PL'RPOSE: The purpose of this instruction is to provide specific criteria to employees and supervisors regarding the eligibility of employees, new hires, and volunteers to operate County-owned motor vehicles. The goal of this policy is to identi~ drivers with adverse driving records in order to prevent losses from occurring and to preserve the Cotmty's defensive position should litigation occur. BACKGROL'NI): The County Administrator's Agency operates in excess of 350 automobiles at any given t/me. It has been the policy of the Agency to perform drivers license background checks on all employees considered for hire, volunteers, as well as annual drivers license background checks on current employees. Standards for acceptable dr/ving have been established within the Risk Management Department and used as the basis for determining an employee's acceptability to operate a county vehicle. This directrive will formalize this policy and provide updated and current standards. PROCEDL~E: There shall be two sets of standards governing driver eligibility. These sets of standards shall be applicable according to the date of hire of the employee. I. Standards Applicable to Employees and Volunteers Hired Prior to the Effective Date of this Administrative Procedure: Employees and volunteers hired prior to the effective date of this Code (hereinafter referred to as "current employee") who may be afforded the use of a County, vehicle shall be subject to the following standards. No current employee shall be allowed to drive a County vehicle without meeting the standards set forth in this section. A current employee who may dr/ve a County vehicle must possess the following: *A current, valid Flor/da Drivers License with full privileges (not suspended or revoked). *A Florida Driver's License from a license class sufficient to cover the vehicle being driven. *A dr/vmg record which meets County Dr/ring Standards. Dr/vin,~ Standards Applicable to Current Employees: Administrative Procedure Eligibility to Drive County Vehicles Page 2 of 4 Any current employee who fails to meet the following standards due to traffic offenses or accidents wit/fin the past three (3) years shall noi be allowed to dr/re a County vehicle. This three year period shall run from the date of discovery to the conviction date of the offense. "At-fault" shall mean that the employee was involved m an infi"action or accident while operating a motor vehicle and that the employee was cited and convicted of the offense. These standards apply to moving violations only and do not apply to offenses related to equipment or insurance violations, however, employees whose licenses are suspended for insurance molarions will not be permitted to dr/ve until the/r license is reinstated. These standards are as follows: 1..Any combmarion of at-fault accidents or moving violations totaling three. 2. One or more Serious Violations as outlined below. 3. Two at-fault accidents involving county vehicles m three years. 4. Special Standard pertaining to Driving Under the Influence. Serious Violations: 1) Driving under suspension, cancellation, or revocation of a license. 2) Failure to stop and render aid involving injury/death. 3) Failure to stop and report an accident. 4) False accident report/perjury. 5) Fleeing or eluding police. 6) Homicide, manslaughter, or assault with a motor vehicle. 7) Leaving the scene of an accident. 8) Obstructing an officer. 9) Reckless driving. 10) Refusal to comply with a lawful police/ftre department order. 11) Illegal possession of alcohol or drugs. 12) Illegal activity with a motor vehicle. 13) Permitting unauthorized operator to drive. 14) Refusal to submit to chemical test. 15) Unlawful use or display of a license. Drivine under the Influence Employees convicted of driving under the influence shall be suspended from driving county vehicles until such time as their regular, valid drivers license is restored or for a period of six months which ever is longer. A work permit does not constitute a regular, valid drivers license. Dr/vmg Under the Influence charges which are plead to a lesser charge such as Reckless Dr/vmg shall also apply under this provision. Employees convicted of driving under the influence shall also be required to complete a state approved driver training program and shall present such proof to restore eligibility. However, an employee whose driving record contains a conviction for driving under the ififluence plus .ag..y other moving violation shall have their driving privileges suspended until such time as all violations exceed three years from the conviction date. II. Standards Applicable to Employees and Volunteers Itired After the Effective Date of this Administrative Code Admmis~ative Procedure Eligibility to Drive County Vehicles Page 3 of 4 Employees and volunteers hired after the effective date of this Code 0aereinafter referred to as "new employee") who may be afforded the use of a County vehicle shall be subject to the following standards. No new employee shall be allowed to drive a County veh/cle without meeting the standards set forth in this section. A new employee who may drive a county vehicle must possess the following: *A current, valid Florida drivers license with full pr/vileges (not suspended or revoked). *A Florida driver's license from a license class sufficient to cover the vehicle being driven. *A driving record which meets county driving standards. Driving Standards Applicable to New Employees: Any new employee who fails to meet the following standards due to traffic offenses or accidents within th_~e past three (3) years shall not be allowed to drive a County veh/cle. This three year period shall run from 'the date of discovery to the conviction date of the offense. "At-fault" shall mean that the new employee was involved in an infraction or accident while operating a motor vehicle and that the new employee was cited and convicted of the offense. These standards apply to moving violations only and do not apply to offenses related to equipment or insurance violations, however, employees whose licenses are suspended for insurance violations will not be permitted to drive until their license is reinstated. These standards are as follows: 1. Any combmarion of at-fault accidents or moving violations totaling two. 2. One or more serious violations as outlined below. Serious Violations: 1) Driving under suspension, cancellat/on, or revocation of a license. 2) Failure to stop and render aid involving injury/death. 3) Failure to stop and report an accident. 4) False accident report/perjury. 5) Fleeing or eluding police. 6) Homicide, manslaughter, or assault with a motor vehicle. 7) Leaving the scene of an accident. 8) Obstructing an officer. 9) Reckless driving. 10) Refusal to comply with a lawful police/fire department order. 1 1) Illegal possession of alcohol or drugs. 12) Illegal activity with a motor veh/cle. 13) Permitting unauthorized operator to drive. 14) Refusal to submit to chemical test. 15) Unlawful use or display of a license. 16) Driving Under the Influence ACCIDENTS INVOLVING COUNTY VEHICLES Administrative Procedure Elig/bility to Drive County Vehicles Page 4 of 4 Employees who are involved in a serious accident involving a county vehicle and are found to be at- fault may have their driving privileges revoked regardless of their overall driving record. A semous accident includes first or third party property damage which exceeds $10,000 or bodily injury to a third party which exceeds $10,000 or any combination thereof wt:fich exceeds $10,000. Such revocation shall be made upon recommendation to the County Administrator by the Risk Management Director or their designee and approval of such recommendation by the County Administrator. MOTOR VEHICLE RECORD CHECKS The Human Resources Department shall obtain a Motor Vehicle Driving Record on applicants being considered for employment (new employees) with Collier County. The standards within this Code shall be used as the basis for evaluating an applicant's elig/bility for employment based upon their driving record. In addition to this initial driving background check, the Risk Management Department shall request a Motor Vehicle Driving Record on every current employee at least once each year. Written notice regarding the finclang of an unacceptable dri'~sng record will be forwarded to the current employee's Supervisor and the Human Resources Department. No notice will be sent regarding those persons whose driving records are acceptable. SUPERVISOR RESPONSIBILITY Supervisors shall notify the Risk Management Department and Human Resources Department as soon as they become aware that an employee under their supervision does not meet the reqmrements of this policy. Supervisors who are aware that an employee does not meet these standards shall not allow that person to drive a County vehicle. Superw/sors shall be responsible for enforcing the prohibition of a driving pr/vilege. Supervisors shall have the option of placing the affected employee in a non-driving capacity. Additionally, Supervisors shall be responsible for reporting to the Human Resources Department those necessary administrative proceedings which may arise fi:om a employee's failure to meet acceptable driving standards. ADMINISTRATIVE PROCEEDINGS Employees who fail to meet the driving standards as outlined in this Lnstmction may face administrative proceedings in addition to the loss of their driving privileges. Employees who are required to drive as part of their employment may be subject to transfer to a non-driving position, demotion, or terrainanon depending upon the availability of alternative positions and/or other issues pertaining to their Ioss of driving privilege. Such determinat/on shall be made by the employee's superqisor in coopera15on with the Human Resources Department and pursuant to Human Resources Practices and Procedures or other applicable Administrative Code(s). The County Administrator shall have the authoriV to make exceptions to the standards contained within this Code and/or their consequent administrative remedies on a case by case basis. Requests for such an exception shall be made in writing by the employee and/or the employee's supervisor and shall be copied to the Risk Management Director and the Human Resources Director. The County Administrator may also make exceptions which exceed the standards of this policy. REINSTATEMENT OF A DRIVING PRIVILEGE 4 F 1 3 2001 Administrative Procedure Eligibility to Drive County Vehicles Page 5 of 4 The renewal of the privilege to drive a County veh/cle shall be reinstated at such time as the affected current employee's driving record meets the standards as set forth in th/s policy. The Risk Management Department shall review as necessary the records of those current employees prohibited from dr/ring County vehicles and shall notify the Supervisor of the current employee and the Human Resources Department at the t/me such driving privileges are reinstated. CURRENCY: The Risk Management Department is responsible for maintaining the currency of this Instruct-ion. ROBERT FERNANDEZ County. Administrator 5 FEB 13 2001 FOR COLLIER COUNTY: Thomas W. Oliff Collier County Manager FOR THE UNION: WITNESS: , Representative Southwest Florida Professional Firefighters & Paramedics, International Association of Firefighters, Local 1826 Type or Print Name: WITNESS: Date Type or Print Name: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT ,AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk , Chairperson Approved as to legal form and sufficiency: ' '? "/L .. /3 135 EXECUTIVE SUMMARY APPROVAL OF A $535,000 STATE FAST TRACK GRANT TO CONSTRUCT A CARGO PROCESSING FACILITY AND U.S. CUSTOMS OFFICE AT THE IMMOKALEE REGIONAL AIRPORT OBJECTIVE: To approve a $535,000 State Fast Track Grant and required 50% matching funds to construct a cargo processing facility and U.S. Customs office. CONSIDERATION: Previously the Board of County Commissioners passed Resolution 2001- 16 supporting the construction of a Federal Inspection Station (U.S. Customs office) at the Immokalee Regional Airport and the acquisition of any grants necessary to assist with the construction costs. The Authority obtained a $535,000 State Fast Track Grant that requires a 50% match for this project. The estimated cost to design, engineer, permit and construct the cargo/customs building is $1,070,000. It is recommended that the $535,000 grant be accepted and the $535,000 match be comprised of $233,000 from County Reserves as an interest-bearing loan to the Authority to begin being paid back once the Authority reaches self sufficiency and that $225,000, $60,000 and $17,000 be transferred from the Everglades T-Hangar Project, Everglades Sea Plane Basin Project and Immokalee U.S. Customs Facility Project to this Immokalee Cargo/Customs Project. Grants for the Everglades projects have not been secured and finalized yet. Those two (2) projects will be deferred for a year and addressed in the 2002 budgeting process. An International freight forwarding company (Pro-Freight Air Service, Inc.) has already agreed to lease the facility and U.S. Customs has agreed to service the facility. This project will result in the Immokalee Regional Airport transforming from a domestic airport to an International Airport. As such, the airport will be presented worldwide in a new light, as a United States Port of Entry for airfreight. The added U.S. Customs and law enforcement presence will provide for a more safe and secure airport from which to conduct business. GROWTH IMPACT: There is no growth management impact. FISCAL IMPACT: Construction of a cargo/customs building will cost an estimated $1,070,000. A $535,000 State Fast Track Grant that requires $535,000 in local matching funds will fund the project costs. The recommended source of the matching funds is a $233,000.. transfer from General Fund (00i) reserves and the remaining $302,000 will be transferred from the currently budgeted Everglades T-Hangar Project, Everglades Seaplane Basin Project and Immokalee US Customs Facility Project. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. PREPARED BY: Approve the $1,070,000 construction of a cargo/customs building project; Accept the $535,000 State Fast Track Grant; Approve a $233,000 transfer froin General Fund (001) reserves as a partial match; Approve a $225,000, $60,000 and $17,000 transfer from the Everglades T-Hangar Project, Everglades Sea Plane Basin Project and Immokalee U.S. Customs Facility Project to this Immokalee Cargo/Customs Project. Approve all necessary budget amendments. /~n H. Dr6ry~ E-xecuti~ctor AG£N.~A ITEM No. FEB 13 Pg. RESOLUTION NO. 3J/JiL-16 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 ~ day of second and majority vote. , 2001 after motion, DWIGHT E. BROCK, CLERK ,-,;_7.~ : : / ',<: ' s~ghatur~ o~1~. '~ "e?-' '* ] 'r~;l~,rbved as to form and lega ,...,,I..!.i....S~K~iency: David C. Weigel /_-) County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER Ct~~_, FLOR.~~ By: ~ James D~rter, Ph.'~,.,~an-- . AGEND.~ IT, I~M NO. _~ /~,/_ FEB 13 2001 pg._ 2 __ EXECUTIVE,. SUMMARY APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 5 members to serve 2 year terms, expiring on February 4, 2003, on the County Government Productivity Committee. CONSIDERATIONS: This committee is composed of 13 members, one of whom is the vice chair of the Board of County Commissioners. The remaining twelve members are appointed by resolution of the Board of County Commissioners for a two year term and must be permanent residents and electors of Collier County. Committee members are required to po~;sess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the bagkup. The terms for Charles E. Getler, William E. Ebben, Donald Campbell, Edward T. Ferguson, and Sharon M. Hanlon expired on February 4, 2001. Additional resignations were received from Beverly Edwards, Judith E. McCaffrey, Peter Lehmann, and Kathleen Curatolo for a total of 9 vacancies. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Donald Campbell reapptCorporate Management 2 Yes Productivity Committee William E. Adams Productivity Improvement &2 Yes Expense Control Edward T. Ferguson Employee Benefits & College3 Yes Productivity Committee *reappt Level Teaching Sharon M. Hanlon reapptTrial AttomeyFPlaintiWs Personal5YesProductivity Committee Injury Litigation Libby Anderson Human Resources Management4 Yes COMMITTEE RECOMMENDATION: All 5 members are recommended for appointment. *NOTE: Section Seven (b.) (1) of Ordinance 8641 states "Terms of office for Board members shall beqimited to two consecutive terms &service on any one Board..." Under (3) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Mr. Edward Ferguson has served on the committee since 1995 for a total of 3 terms. Should the Board wish to re- appoint Mr. Ferguson, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 5 members, and direct the County Attorney to prepare a resolution confirming the appointmeres. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 13, 2001 MEMORANDUM TO: FROM: DATE: Sue Filson, Administrative Assistant Winona Stone, Budget Analyst and Productivity Committee Staff Liaison January 23, 2001 Filling Vacancies on the Productivity Committee In response to the Productivity Committee's advertised nine vacant positions effective February 4, 2001, five applications were received. It is recommended that all five applications, three reappointments and two new appointments, be approved for two year terms commencing February 2001. NAME TYPE OF TERM DISTRICT APPOINTMENT FIELD OF EXPERTISE Donald Campbell Reappointment Corporate Management Operations Sharon Hanlon Reappointment 2 5 Trail Attorney/Plaintiff's Personal Injury Litigation Edward Ferguson Reappointment * 4* 3 Employee Benefits and College Level Teaching William Adams Initial Appointment 1 2 Productivity Improvements and Expense Control LibtLv Anderson Initiai Appointment 4 Human Resources Management *Reappointment under Ordinance 86-41 Section Seven (b.) (3) Please advise should you need additional information. Winona Walker Stone Budget and Management Analyst Collier County Government 3301 East Tan'nanm Trml Naples, Florida 34112 Voice (941) 774-8935 Fax (941) 774-8828 Emml Winona Stone @ colliergov.net AGENDA ITEM NO. ~ County Government Productivity Committee Charles E. Getler 6855 San Marino Drive Naples, FL 34108 District: 2 Category: Business Management ~orl~ Phone /lppt'dExp. Date l~erm Home Phone DateRe-appt2ndExpDate 2nd Term 07/16/96 02/04/97 1 Year 598-1860 03/23/99 02/04/01 2 Years James D. Carter 774-8097 3301 E. Tamiarai Trail Naples, FL 34112 District: 4 Category: BCC Vice Chairman Designee 01/12/99 01/11/00 William E. Ebben 12254 Colliers Reserve Drive Naples, FL 34110 District: 2 Category: Corporate Executive 592-1158 1 Year Donald Campbell 6849 Crenadier Boulevard, #1101 Naples, FL 34108 District: 2 Category: Corporate Management 598-3426 Karl J. Otto 901 Collier Court, No. 8-201 642-3798 Marco Island, FL 34145 District: 2 Category: Const Engineer & Management 12/09/97 02/04/99 1 Year 03-23-99 02/04/01 2 Years Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 District: 3 Category: Business Mgmt/Edueation 2 Years 03/23/99 02/04/01 11/07/95 02/04/96 3 Mo. 03/14/00 02/04/02 2 Years 2 Years 2 Years 02/28/95 02/04/97 03/23/99 02/04/01 Thursday, March 16, 2000 Page I of $ County Government Productivity Committee Sttme Janet Vasey 4398 Longshore Way North Naples, FL 34119 District: 5 Category: Budget & Financial Anaysis Beverly Edwards P.O. Box 1820 Marco Island, FL 34146 District: 1 Category: Contract Mgrnt & Stragetic Planning Work Phone 3ppt'd Exp. Date Home Phone DateRe-appt2ndExpDate 01 / 12/99 02/04/00 5915-437803/14/00 02/04/02 Term 2nd Term 1Year 2 Years Judith E. McCaffi~y f-e 5~5~'eg 225 5th Street, S. ~ .3~ Naples, FL 34102 District: 4 Category: Attorney 11/09/99 02/04/00 3 Months 389-9140 11/09/99 02/04/02 2 Years 514-2800 01/12/99 02/04/99 01 / 1 2/9902/04/01 11/09/99 02/04/00 3 Months 732-8830 11/09/99 02/04/02 2 Years 659-1303 03/14/00 02/04/02 2 Years James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 District: 1 Category: Budget & Financial Mgmt Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 District: 5 Category: Const. Mgmt & Contract Admin Kathleen Curatolo 2251 Island Cove Circle Naples, FL 34109 District: 2 Category: Education Administration 594-8847 03/14/00 02/02/02 514-2172 2 Years ~hursday, March 16, 2OhO AGENDA FI'EM County Government Productivity Committee S~ Sharon M. Hanlon 4555 Shearwater Lane Naples, FL 34119 District: 5 Category: Attorney Wori~ Phone dll~l~t'd Exp. Date Term Home Phone DateRe-appt 2ndF_zcpDate 2nd Term 73'4-333303/23/99 02/04/01 2 Years This 13 member committee was created on 01/20191 by Ord. No. 91-10 (amended by Ord. No. 93-13 & 96-10). The committee is composed of 13 members, one of whom is the vice chair of the BCC. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of fine community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost- effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FJ5 STA T: Staff: Gary Vincent, Budget Analyst I1:774-8810 Page 3 of 3 MEMORANDUM DATE: TO: FROM: December 27, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assis Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appoimmem 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. PRODUCTIVITY COMMITTEE COMMISSION DISTRICT Donald Campbell 6849 Grenadier Blvd., #1101 Naples, FL 34108 William E. Adams 785 Carrick Bend Circle, #103 Naples, FL 34110 Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 Sharon M. Hanlon 4555 Shearwater Lane Naples, FL 34119 Thank you for your help. AGENDA ITF~ MEMORANDUM DATE: January 8, 2001 '~ TO: Hills, ~ ' " Vinell Elections Office FROM: Sue Filson, Administrative Ass Board of County Commissioners Voter Registration - Advisory Board Appoimmems The Board of County Commissioners will soon consider the following individuals for appointmere to one of the eounty'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. CTY GOV'T PRODUCTIVITY COMMITTEE COMMISSION DISTRICT Libby Anderson 1157 Westlake Boulevard Naples, FL 34103 Thank you for your help. AGENDA ITEM MEMORANDUM DATE: TO: FROM: December 27, 2000 Winona Stone, Staff Liaison Sue Filson, Admini.qtmtive Assistant,~//~) '/~, Board of County Commissioners ~ County Government Productivity 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 resme for consideration. I have attached the resumes received for your review as follows: Donald Campbell 6849 Grenadier Blvd., #1101 Naples, FL 34108 W'filiam E. Adams 785 Carrick Bend Circle, #103 Naples, FL 34110 Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 Sharon M. Hanlon 4555 Shearwater Lane Naples, FL 34119 Please let me know, in writing, the recommendation for appoinlment 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 Attachl~nts AGENDA ITEM 6849 Grenadier Blvd., #1101 Naples, Florida 34108 Dec, tuber 18, 2000 Ms. flue Filsoa, Administrative Assistant Board Of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Ms. Filson, Thank you for your kind letter inviting me to apply for reappointmere to the County Productivity Committee. With this letter I am asking to be considered for a second term as a member of this Committee. As you know, I am currently (2000) the committee's chairman. I am also sending along an updated personal resume. I believe that my service as member and chairman has helped to increase the committee's contribution to the County. I would be honored if reappointed to continue in that vein and to build on the record. Sincerely, Donald Campbell~ Donald Campbell Candidate For Appointment To The County Productivity Committee I am seeking reappointment to this County Committee, of which I have been a member since 1999 and the Chairman in 2000. During my term the Committee has been very active in the matter of Transportation, especially beginning with the Board's Workshop in March, and most recemly regarding the County's Landfill. We have advised several senior members ofthe County Government on these issues. As a committee we are focusing on the "big ones", and we wish to make our Committee more useful to the County's decision making process. As background, I have been an elector of Collier County since 1996. My wife Ruth and I live in Naples about 10 months of the year as nearly year-round residents of the County and full time rate payers. We live in District 2 at 6849 Grenadier Blvd., #1101, where I am a Director of the St. Lauren Condominium Association. Regarding my business experience. I am a retired Corporate VP of The Procter and Gamble Company. 37+ years service, 16 of them in International, most recently as Chairman of the Board of P&G Mexico. In the community, I am an active volunteer at the Conservancy and in my Church. I am a Guardian ad Litem in the Dependency Court. And, of course, this Committee. My previous Board Director/Trustee experience includes Ohio Foundation of Independem Colleges. International Foodservice Manufacturers Assn. W'fitnington College. Greater Cincinnati YMCA. American Chamber of Commerce in Mexico. And in France Member: State of Ohio Operations Improvement Task Force. I believe that my service has been worthwhile for the Committee, and, if reappointed by the Board of County Commissioners, I will aim to build on that. Donald Campbell December 2000. AGENDA FrE~ SCORE A resource partner of lhc U.S. Srna~ Business Service Corps o[ Retix! Executives Association "Counselors to America's . Small Business" William E. Adams 785 Carrick Bend Circle #103 Naples, FL 34110 Ph: 941-596-8228 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 U.S. 41 E. Naples, FL 34112 Dear Ms. Filson: Attached is my resume in application for membership on the County Government Productivity Committee. This is in response to the article I read in the Saturday Naples Daily News, the Commerce Connection column in the Business News section. My background and experience may be of benefit to Collier County in producing cost reductions and productivity improvements. I would welcome an interview and will provide references upon request. Sincerely, Bill Adams, Chair Chapter 573 Naples/Collier Chapter 573 . International College, 2655 Northbrooke Drive, Naples, Fi 34119 Tel: 941/254-9440 Fax: 941t154-9441 Application to be a member of the County Government' Productivity Committee Named Address: Phone Personal William E. Adams, 785 Can'ick Bend Circle #103, Naples, FL 34110 941/596-8228 Fax: 941/596-8408 E.mail: edgaradams,.r_a~qol.com Full time resident, since January, 1999 Education: American U., Wash. D.C. AB degree, Harvard Business School, MBA I. Career experience and expertise that will assist in helping this Committee accomplish its mission: 1. For 25 years I was V.P. of Sky Chefs, wholly owned subsidiary of American Airlines, created to provide infiight catering to any and all airlines serving 30 major domestic airports. Each kitchen was and is a profit center and as an Operations V.P. my responsibilty was to insure that each facility met and exceeded its budget. I cut my teeth on productivity and expense controls. I retired in 1984 but found I couldn't just 'Yetire". So I became a Consultant specializing in productivity improvements and expense controls, and some of the companies I worked with included: a. Sky Chefs retained me revisit all of their domestic kitchens to implement expense controls, improve productivity of workers and review their purchasing contracts. The result was major savings. b. Continental Airlines' Catering subsidiary (Chelsea Catering) hired me to lay out some of their new kitchens and purchase the equipment for those being constructed in Newark, Cleveland and Hawaii, equipment that would help reduce operating costs and improve productivity. c. Sky Chefs retained me again to visit all of the new kitchens they purchased in South America and Europe fxom their largest competitor, Marriott lnfiight Catering, which was facing bankruptcy. d. Atlas Air, a major air cargo firm, reta'med me to reduce their pilot transportation and housing costs overseas. I moved to Naples in late 1998 and in early 1999 joined SCORE (Sea-vice Corps of Retired Executives), a volunteer organization, sponsored by the SBA, to counsel small business persons in Collier County who want to go into business for themselves. Six months after I joined I was elected Chairman (primarily because few others wanted to commit themselves to the burden and the hours). In company with 30 other Counselors we have worked with over 700 businessmen and women this year and put on 10 educational Workshops. 3. When WCI completed the sale of all 365 homes in Tarpon Cove last spring they requested the community elect is own Master Board of Directors to serve our needs. I ran for a seat and was one of the 5 elected. I volunteered to see what could be done to reduce operating expenses and at the same time improve service. I immediately tackled the largest source of expense: Landscaping, and renegotiated our contract which resulted in an annual cost reduction of of $50,000, or 23%, while improving service I then renegotiated our Lakes maintenance contract and introduced a new Gate Security program, equipment for which is now being installed. 1. Wherever I have lived I have served in volunteer endeavors and learned to work with all kinds of people while helping improve the community. Another example besides SCORE: While residing in Westport, Conn. I served on the town Planning Committee and was also elected to Chair the Zoning Board of Appeals, the agency that reviewed requests for variances. As Chairman I help in marketing the expertise of SCORE in Collier County. As such I have worked with the principals in a number of County agencies and commercial instimtiens: i.e. EDC, the Chamber of Commerce, the SBDC and a number of the local banks. 215 Silverado Dr. Naples, FL 34119 DecemL~ 1,2000 Ms. Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 East Tamimni Trail Naples. FL 34112-4977 Dear Ms. Filson: Thank you for your letter of November 16, regarding the expiration of my appointmere to the Productivity Committee. If there are no other persons who volunteer for membership to the Committee, I should be honored to again be considered for membership. Since my retirement from the Collier County Sheriff's Office in January 2000, I have had more time to give to the work of the Productivity Committee. I have found this time to be rewarding and I believe I have contributed to the mission of the Committee. Please find enclosed a copy of my updated resume together with a short biographical sketch. Sincerely, Edward T. Ferguson CC. Donald Camphell, Productivity Committee Chair Enclosures BIOGRAPHICAL SKETCH Edward T. Ferguson is a consultant specializing in organization and management development. He holds B.S. and M.S degrees in business administration from State University of New York at Albany, and a Ph.D. in education and business from Michigan State University. Dr. Ferguson was Director of Human Resources, Training, and Career Development at the Collier County (FL) Sheriffs Office from 1989 to 2000. His prior professional experiences include 25 years as a university professor on the faculties of the University of Maryland, Ohio State University, Michigan State University and Virginia Polytechnic and State University. He has been the recipient of a Fulbdght Fellowship to Germany and was a visiting professor at the Japanese Ministry of International Trade and Industry's Institute for International Studies and Training in Fujinomiya, Japan. Dr. Ferguson is listed in I4rho's Who in the South and South West, Leaders in Education, Men of Achievement, and the Dictionary of International Biography. He is the author of numerous professional journal and magazine articles in his field and is a member of the International Personnel Management Association, the Society for Human Resource Management and the American Society for Training and Development. Dr. Ferguson is also an adjunct professor of Public Administration at Barry University and an adjunct professor of criminal justice at Florida Gulf Coast University and International College in Naples, Florida. AGF. NDA ITE~~-~'~ RESUME EDWARD T. FERGUSON SUMMARY Areas of Professional Specialty: Background and Expertise in: Business Administration, Criminal Justice, Human Resource Management, Education, Curriculum Design and Development Administration, Teaching, Research, Evaluation, Project Management Highest Degree: Ph.D. Adjunct Adjunct PROFESSIONAL EXPERIENCES Director of Human Resources, Training, and Career Development: Collier County Sheriffs Office, Naples, FL 1989-2000 Adjunct Professor, Managemere Program: Barry Umversity, Fort Myers, FL 1987-present Professor, Criminal Justice Program: International College, Naples, FL present Professor, Criminal Justice Program: Florida Gulf Coast University, Fort Myers, FL Adjunct Professor, Criminal Justice and Management Programs: Edison Community College, Naples, FL Contract Consultant, International Business and Management Institute, University of Maryland, Tokyo, Japan Visiting Professor, Graduate International Management Program: Institute for International Studies and Training, Boeki Kenshu Center, Fujinomiya, Japan Senior Lecturer, Departments of Management, Education and Graduate Counseling and Guidance Program: University of Maryland, European and Asian Divisions Visiting Professor, Department of Business and Economics: University of North Carolina at Greensboro Senior Lecturer, Department of Economics: Columbus International College, Sevill ~ ~ AGENDA FERGUSON- p. 2 Senior Research Specialist and Director of Professional Development and Industrial Training: Center on Education and Training for Employment, The Ohio State University, Columbus, OH Professor, College of Education Graduate Faculty: The Ohio State University, Columbus, OH Instructor, College of Education and College of Business: Michigan State University, E. Lansing, M1 Assistant Professor, Department of Education and College of Business: Virginia Polytechnic Institute and State University, Blacksburg, VA EDUCATION BS Business Administration, State University of New York at Albany Major: Business Administration Minor: Social Science MS Business Administration, State University of New York at Albany Major: Marketing PhD Education, Michigan State University Major: Business and Marketing Education Minor: Business Administration BIOGI~PHICAL LISTINGS Leaders in Education, 4th ed. Jacques Cattell Press, Tempe, AZ Men of Achieveraent, Melrose Press Ltd. Cambridge, England Dictionary of International Biography, International Biographical Centre, Cambridge, England Who's Who in South and South West, 22rid ed. Marquis MacMillan Directory Division, Wilmette, IL MEMBERSHIPS Pi Delta Kappa (Honorary Fraternity) Delta Pi Epsilon (Honorary Fraternity) International Personnel Management Association Society for Human Resource Management American Society for Training and Development PUBLICATIONS Listing of over 50 books, professional articles, and research papers available THEODORE ZELMAN SHARON M. HANLON" *ALSO LICENSED llq MI TELEPHONE: 941/530-8555 FAC $~]v~LE: 041/530-8556 Law Offices ZELMAN & HANLON, P.A. 2656 AIRPORT ROAD SOUTH NAPLES, FLORIDA 34112-48~9 BONITA SPRINGS OFFICE: BONITA BAY PROFESSIONAL COLrRT November 29, 2000 Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: OPENING ON THE COUNWY GOVERN-M~NT PRODUCTIVITY COMMITTEE Dear Ms. Filson: Please submit my letter and resume to the Productivity Committee for consideration of one of the openings on the Board, for terms expiring on February 4, 2001. I am currently a board member and would like to be considered for the opening. Thank you. Sincerely, Sharon M. HahIon enc; letter to Productivity Committee resume AGENDA ~EODORE ZELMAN .,L~RON M. HANLON* *ALSO LICENSED IN MI TELEPHONE: 941/530-8555 FACSIM/LE: 941/530-g556 Law Offices ZELMAN & HANLON, P.A. 2656 AIRPORT ROAD SOUTH NAPLES, FLORIDA 34112-4899 BONITA SPRINGS OFFICE: BONITA BAY PROFESSIONAL COURT November 29, 2000 County Government Productivity Committee % 3301 East Tamiami Trail Naples, FL 34112 RE: opening for term expiring February 4, 2001 Dear Committee Members: I am currently a member of the Board of the Productivity Committee, whose term expires on February 4, 2001. I would like to be considered for one more term on the Board. This would be my second term on the Board. I am a liability lawyer, with experience of 18 years of practice. I believe that my expertise as a litigator, with a keen eye towards liability issues, is an important part of any bus'mess. Even though the advertisement for this opening on the Board states that individuals with experience "managing large corporations" is preferred, in my opinion, those individuals never go very far without stopping to question what are the legal ramifications of their actions / negligence questions / liability issues. That is where a liability lawyers' expertise comes in. Enclosed find a brief resume with my background. If more detailed information is necessary, I can so draft such a response. Thank you for consideration of my application for continued service on the Productivity Board. Sincerely, Sharon M. Hanlon AGENDA RESUME OF SHARON M. HANLON Sharon M Hardon 4555 Shearwater Lane Naples, FL 34119 EDUCATION: Bachelor's Degree - Master's Degree - Juris Doctorate Degree - College of St. Catherine's St. Paul, Minnesota Central Michigan University Mt. Pleasant, Michigan Thomas M. Cooley Law School Lans'mg~ Michigan EMPLOYI~fENT HISTORY: Zelman and Hardon, P.A.- 2665 Airport Rd. S. Naples, Florida 34112 Dates: January 2000 - to date position: Lawyer Vega Brown Stanley Zelman and Hardon, P.A. - Naples, Florida Dates: May 1992 -December 1999 position: Lawyer Reamon Law Offices - Grand Rapids, Michigan Dates: August 1982- 1992 position: Lawyers SOCIAL / POLITICAL POSITIONS HAVE HELD: Past President of the Collier County Women's Political Caucus Past President of the Collier County Women's Bar Association Current President of the Collier County Trial Lawyers Association United Way of Collier County, current Board Member David Lawrence Center, current Board Member Planned Parenthood of Collier County, current Board Member Thomas Briggs Inns of Court, a legal organization - current member Leadership Collier, Class of 1999 In addition to the above, I have sat on several local school advisory councils, have been on various medical advisory boards ( my husband is in the medical field), and have been active in various legal organizations. ~ A~D~,' rlE~?"~'~ MEMORANDUM DATE: TO: FROM: January 8, 2001 Winona Stone, Staff Liaison County Government Productivity C~ee Sue Filson, Administrative Ass~~'~ ! Board of County Commissioners-"-" County Governmere Productivity 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: Libby Anderson 1157 Westlake Boulevard Naples, FL 34103 Please let me know, in writing, the reconm~ndation 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 Attacl~anents Human Resource Services, Inc. December 22, 2000 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 US 41 East Naples, FL 34112 Dear Ms. Filson: I am writing to submit my request for consideration to be on the County Government Productivity Committee. My special expertise is in the area of Human Resource Management and I have almost 16 years experience related to that area and managing that function in numerous industries with different sized businesses. I am now' a consultant and professional trainer. Enclosed you will find a biography and brochure regarding my business. I think the information will be as thorough as a resume. Please do not hesitate to contact me if you have any questions or would like to meet in person. I appreciate your consideration. Sincerely, Libby Anderson Owner/President Excellence in Human Resource Consulting and Training 1157 Westlake Blvd. · Naples, FL 34103 Bus: (941)262-3318 · Fax: (941)430-2307 · Email: edahrsvcs@aol.com Libby Anderson owns and operates E.D.A. Human Resource Services, Inc., a full service Human Resource consulting and training company. Libby has 16 years of diverse experience in Human Resources. Following her graduation from Iowa State University with a B.S. in Speech Communications, she launched her HR career with The Kitz-Carlton Hotel Company. During her tenure there, Libby was part of the initial process leading up to the company receiving the Malcolm Baldridge award for quality. Libby has professional experience in industries such as Health Care, Manufacturing, Real Estate Construction, Government, Non-Profits, and PEOs. She received the Florida "Best of the Best" award from Jaco} :son's, a Specialty Retail company for her HR contributions. Libby is a Certified Business Analyst for Florida Gulf Coast University's Small Business Development Center and is used as a business coach specializing in Human Resources for their clients. She conducts Professional Development Seminars for Edison Community College and Florida Gulf Coast University. Currently serving as President-Elect for the Human Resource Association of Collier County, Libby is also District Director of the Gulf Coast Region for the Society of Human Resource Management. She received the District Director of the Year 2000 Award from HR Florida. Libby is Director at Large for the American Society of Training and Development and an active committee member for the Mental Health Association of Collier County. She writes a monthly column for Southwest Florida Business magazine on Human Resource topics and is in the Naples Area Chamber of Commerce Leadership Collier class of 2001. u AGEND,~ NO. F~g· ~ EXECUTIVE SUMMARY APPOINTMENT OF MEMB~(S) TO THE COLLIgR COUNTY CODE ENFORCEMENT BOARD Q,~CTIV~E, ,: To re-appoint 1 alternate member to a 3 year term, expiring on February 14, 2004 on the Collier County Code Enforcement Board. CONSIDERATIONS:. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals represeming the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and Ordinances to be enforced. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years.' A list of the current membership is included in the backup. On January 23, 2001} the Board of County Commissioners considered the reap15o~mts of 2 members to the Code Enforcement Board. At that time, Kathryn M. Godfrey' name, an alternate member, was inadvertently left off the executive summary for reappointment. APPLICANT C. ATEG, OR.,Y D.!~T ELECTOR ADV. COMM. IKathrynM. aodfrey 1'5' '[~/E~' [EMSAC&CodcEnf. re'app°intment [ ALTERNATE MEMBER COMMITTEE _RECOMMENDATION: Quasi Judicial Board - no recommendation ~FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT_: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for reappoimment, reappoint 1 member and, direct the County Attorney to prepare a resolution confirming the reappointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 13, 2001 01/21/2001 04:21 941340?$26 LARRY KATE LINT PAGE 02 2001 Mrs. Kate Godfrey-Lint 530 18th. Awmeu, Naples, Florida 34120 Board of Collier County 3301Zu~ T~,t~,i Trail Naples, Florida 3t112-4977 Re: Re-&ppointmen~ to Member of the Collier County Code Falforcement Board. Dear ~s. Fil$on: Please, accep~ my application for considera~iou regarding the Code Enforc~m~ut Board. As you are aware I am an Alternate Member of the Board. Should there be ~n opening for a Regular Hembet please, submit my name for that position. HT ce~ expires on February l&~ 2001. Please, submit my name for Alternate Member at this During my active employment with IBM, ! ~ook v~rious Electrical En~. Courees. tty ex-husband and I buil~ our first ho~, Therefore, I have considerable expe~ience in that area ~or which I am applying. lf, you have any questions. PLease, feel free to contact m~ ~sinS my paEer num- ber. Respectfully aub~t ~'& ~/ Resume faxed 01/21/2001 84:21 9413487626 LARRY KATE LINT PAGE 01 25,2001 Dirs. Kate ~od£rey-Ltnt 530 I8th, Avenue, Naples, Florida 34120 Phone. (941)3&8..-9645 Pager (941)591-9608 Born: Wlchita, r, anaas August 24, ~948 Hartial Status~ Harried ~duca~ion: Private Schools until Senior Year. Graduated Wichita Hight West. I~ Courses - Electrical Bngiueerin8 (minor) ~ake Tech. Community College. MS?DOS, Locus 1-2-3, Typing. 1972 Legal sacretary & P~ceptiontst. 1972 - 1976 Ne~¥ork Underground Facilities. liaxi~ma Security Records.- Facility. Personal Aid to CEO/P~$sident0 1977 - 1978 Temp. Bmployee IBH Corporation, Purchasing Department. 1978 - I994 Perm. Employee IBM Corporation, D~C $ecuzity. 1994 - 1998 Petired to Naples, Florida 1998 - 1999 Resigned due to Cervical SurBet~y to repair cvo di$c's from injuries sustained during an assault in August of 1998. I~orked and never missed one hearing~aen I was on the South Code ~n£orcemenc Board. Community Activities: Naple~ Community ~osptcal Aux. Februat~F to present. Code Enforcement Board South - Sunshined February !2th. 1999. Radio Road Beauttficatton Co~ne£ttee. Resigned in August of 1999 rhea I sold my home and u~vad out of the district. On various co~tce~s in the Co~mnity, Recreation: Raise Orchids, Gardening, Boating, A~c, Sculpttrig, Cook/~g, Fishing Soap~_ktn~ Business. Updated 01125/01 Collier County Code Enforcement Board - North Peter Lehmann 67 $ohnny Cake Drive Naples, FL 34110 District: 5 Category: RF~ULAR- Engineer Work Phone Appt'd E~ Date Home Phone DateRe-appt 2ndExpDatt ~/10/06/98 02/14/00 (z~'q - t3~311/23/9902/14/03 2nd Term 2 Years 3 Years Roberta Dusek 963 Fountain Run Naples, FL 34119 District: 3 Category: Realtor 774-2428 02/10/98 2 Y~trs 261-1111 07/28/98 02/14/01 3 Years Km!uyn M. Godfiey 630 18th Avenue, N.E. Naples, FL 34120 D/strict: 5 Category: ALTERNATE - Business 436-5151 11/23/99 02/14/0~ 2 Years Don W. Kincaid 314 Torrey Pines Pt. Naples, FL 34113 District: 1 Category: Citizen 775-2019 01/25/00 02/14/03 3 Years Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 District: 1 Category: REGULARdReaitor 06/03/97 3 Years 774-9674 02/10/98 02/14/01 3 Years Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Realtor/Business 434-9230 02/23/99 02/14/02 3 Years Wednesday, Ja~-a~y'26, 2000 Page 1 of 2 Collier County Code Enforcement Board - North ~ M. Phi!!il~ 641 Jaeana Circle Naples, FL 34120 District: 4 Category: ALTERNATE- Attorney Work Phone Appt'd Exp. Date Home Phone DateRe-trier 2~Date 11/23/99 02/14/03 Term 3 Mos. 3 Yea~s George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 District: I Category: Retired CBS Employee 02/18/97 02/14/00 3 Years 793.-1370 01/25/00 02/14/03 3 Years Diane Taylor 3760 Golden Gate Blvd, E. Naples, FL 34120 District: 5 Category: REGULAR - Civic Assoc. 02/23/99 02/14/01 2 Years 353-9~. ~.~. ! 1/23/9902/14/02 ..~ Year This 7 member board was created pumuant to Chapter 162 of the FL Star. by Ordinance 88-89 and is composed of, but not Fm~ited to, individuals r~x~,enling I1~ occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members am required to file a Form 1 Statement of F'mancial Interest each year with the Supervisor of Elections. Terms am 3 yearn. This is a Quasi Judicial Board. T~an) alternate members were approved by Ord. 96-78 on 12/3/96. FL 8TAT: 162 Staff: Michelle Arnold, Code Enforcement Director;.: 403-2413 Wednesday, January 26, 2000 01/2E/2881 11:33 9415141862 LEECORP INC PAGE 02 Ms. Pain Mac'Kai Collier County Commission 3301 Tamiami Trail East Naples, Florida 34112 Re: Barefoot Beach Project January 26, 2001 Dear Pain, Regarding our conversation on the 24~. I was not sure when I lea where you stand on the Barefoot Beach issue. If you feel that the project is not in the best interest'of the citizens of Collier County and if you wish to bring to the Board the idea to purchase my lease, concession rights and first right o£redbsal for the property then I will agree as stated to sell the lease, ouncession rights and first right of refusal to the Cohnty for the sum o£$2,000,000.00 plus any expenses occurred from this day forth regarding the project and lease payments equal to $5,000.00 per month plus tax for the duration of the lease, 40 years. This offer will terminate and is only valid until February 28a~, 2001, IfI can be of any assJstanc~ please call me at 597-2063 Sincerely, ,~ENDA iTEM FEB 13 20B1 The School Nurses of Okaloosa County 825 Whitrock Lane Fort Walton Beach, Florida 32547 (850) 862-2705 December 19, 2000 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Fiodda 34'112 Dear Commissioners I am a school nurse with the Okeloosa School District, end I am writing you concerning funding for public school nurses. As you may be aware, a majority of schools not just in your county, but throughout Fiodda, do not have a nurse on their permanent staff. Due to budget constraints, public schools can not afford a licensed nurse to address the health ncccls of their children. Therefore, the schools are forced to place their schoolchildren's health needs in the hands of school personnel, such as secretarfes and bookkeepers, who am not medically trained and licensed. To provide state funding for a licensed nurse in every public school, my colleagues and i are seeking the support of Fiodda's county commissioners. Enclosed please find a resolution we would like you to endorse on behalf of your schoolchildren and return it to us at the ai:~ove address. The purpose of this resolution is to call upon the Flodda Legislature and Govemor Bush to provide new funding specifically to Florido's sixty- seven public school districts for school nurses, at least at the LPN level. Your promptness in returning your endorsed resolution to us would be greatly appreciated as the state legislators will convene on the 6~ of March, 2001, and we intend to acldress the legislators dudng this session. As our schoolchildren's health advocates, we strongly believe this is an issue worth pursuing, and we appreciate your support. In the event you have any comments or questions, in addition to l~ above telephone number, please feel free to contact me at home, 850-729-2492. I welcome any suggestions you may have. Thank you for your time, consideration and support concoming this matter, and I am looking forward to hearing from you soon. With kind regards, Sherry Walker, RN School Nurse ~very child deserves a school n~r~e." and RESOLUTION DECLARING SUPPORT FOR SCHOOL NURSES IN A!~I. FLORIDA PUBLIC SCHOOLS ~REAS, only 17 0f37 schools in Okaloosa County curetuffy have li~ nur~s an staff, ~, school atomdance is improved by the school nurse's early de~ection and r~fermi due to disease, and by adequate assessment and judgement when sV_~d ~,~ts are well emough to r~mam in school, and ~, school nurscs collaborate with adminislralors to promot~ a healthy, sn.fe and nt~ming environment, and WttERBAS, an average of 8~ studcnts and staff are seen by each school nurse on an average day, and WHi~, in the most recent Florida School Health Services report, the following diagnosis of students in Okaloosa County schools were: Allorgies - 800 students, Asthma - 915 students, ADHD - 1,087 students, Seizures - 185 students, Cardiac - 148 students, Diabetes - 38 students, Bleeding Disorders- 1~ students, Sickle Cell Anemia- 18 students, Cancer - 12 students and Cystic Fibrosis- 4 students, and WttERF_J~, according to a recent survey conducted by the National Association of Nurses 98 percent of nurses have saved a child's life, 82 percent have identified an abused child and 67 percent have counsclcd a depresscd/suicidal student, and Nurse coordinate the health care needs of thc students. Be it resolved that the governh~ body of does hereby declare their support in ~ equestiag from the Florida Legislature and Goveraor Bush to provide aew firedlag to Florida's sixty-~eve~ public ~hool disClets for school ames. Passed and Adopted by ~he City Council, Florida, this the. Day of APPROVED: (M~yor) EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE CREATING THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: Adoption of an Ordinance creating the Collier County Coastal Advisory Committee. CONSIDERATIONS: On December 12, 2000, the Board of County Commissioners authorized the preparation and advertisement of an ordinance to create the Collier County Coastal Advisor)' Committee. The attached ordinance has been prepared for this purpose and has been approved as to form and legal sufficiency by the County Attorney's Office. The ordinance has been properly advertised for this public hearing in the Naples Daily News. FISCAL IMPACT: The annual cost for administrative activities associated with the monthly meetings of the Committee is estimated to be in the amount of $3,600.00. Sufficient funds for this purpose are currently available under Beach Maintenance Activities in TDC - Beach Renourishment Fund 195. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the attached ordinance creating the Collier County Coastal Advisory Committee. 2. Authorize the Chairman to execute the ordinance. Submitted by: <v-'.. ~_'., ...... , ..... , ............ Harry Huber, Project Manager III Department of Par_lgs and Recreation /' ) Reviewed by: ~)' j'i?~t ~./[~'0~ k~.,J~.':tt~ttA.4 l{larl~ ~msey, D~ector / Dep~ment of P~ks ~d Recreation Approved by: - ( .... -~, Leo Oc~ Jr., Adminis~ator Pubhc Seduces D~v,~on Date: ::2, S". ~:/ Date: Date: No. /G~ ~ [ 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 2O 21 ORDINANCE NO. 2001- AN ORDINANCE CREATING THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County and the City of Naples established by Resolution a 22 City/County Beach Renourishment Maintenance Committee in February, 1991, for the 23 purpose of providing recommendations to tile Board of County Commissioners and the 24 City of Naples on beach renourishment and related issues; and 25 WHEREAS, the City of Marco Island has expressed a desire to participate in a 26 County-wide beach renourishment and maintenance committee. 27 NOW, THEREFORE, BE IT ORDAINrED BY THE BOARD OF COLq",ITY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 29 SECTION ONE: Creation and Purpose of the Collier County Coastal Advisory 30 Committee. 31 32 In cooperation with the City of Naples and the City of Marco Island, there is hereby 33 created the Collier County Coastal Advisory Committee, hereinafter referred to as the 34 "Committee." The Committee is created to assist the Board of County Commissioners 35 with its establishment of unified beach erosion control and inlet management programs 36 within the unincorporated and incorporated areas of Collier County, and to advise the 37 Board of County Commissioners and the Tourist Development Council (TDC) of project 38 priorities with rc-:pect to funding sources that are available to Collier County for 39 restoration and protection of its shoreline. 40 SECTION TWO: Functions, Powers and Duties of the Advisory Committee. 41 The functions, powers and duties of the Committee shall be to advise and make 42 recommendations to the Board of County Commissioners and the TDC on matters 43 pertaining to the following: 1 ~gend~_ Item No. a_J FEB-'IOOl 1 A. Development and implementation of a long-term beach erosion control program 2 within Collier County to include identification of beach segments with common 3 erosion/accretion histories, recommendations of beach management strategies for each 4 segment, and development of long-term strategies for areas of chronic erosion; 5 B. Planning and prioritizing of capital improvement programs related to coastal 6 issues, including recommending alternative funding sources for the development and 7 implementation of coastal management and erosion control projects (i.e., grants from the 8 State of Florida Beach Erosion Control Program a~ d Federal navigation and coastal 9 management projects); I0 C. Coordinating with regional and state-wide groups as may be necessary to further 11 the goals, and policies of Collier County; 12 D. Outlining of coastal zone management policies and construction procedures for 13 beach nourishment, sediment borrow site identification, inlet management plans, inlet 14 improvement projects, dredging, dredge spoil disposal site identification, coastal erosion 15 trend evaluation, coastal and estuarine habitat protection and restoration, and other 16 similar activities; and 17 E. Reporting on innovative proposals by the public and staff. 18 SECTION THREE: Appointment and Composition; Terms of Office; Attendance 19 And Filling Vacancies. 20 21 The Committee shall be composed of nine (9) members whose representation shall 22 consist of three (3) members from the unincorporated area of Collier County, three (3) 23 members from the City of Naples and three (3) members from the City of Marco Island. 24 Candidates for the Committee shall be sought in accordance with the provisions of 25 Collier County Ordinance 86-41, as amended, or by its successor ordinance. In addition, 26 the governing bodies of the City of Naples and the City of Marco Island may endorse and 27 submit the names of individuals with resumes for consideration by the Board of County 28 Commissioners. 29 The initial terms of office of the Committee shall be as follows: 30 Three (3) members shall be for a term of two (2) years; 31 Three (3) members shall be for a term of three (3) years; and 32 Three (3) members shall be for a term of four (4) years. FEB I 3 ?n t : I Thereafter, each appointment or reappointment shall be for a term of four (4) years. 2 Terms shall be staggered between the City of Naples, the City of Marco I~land and 3 Collier County. 4 Membership of this Committee shall be assembled based upon familiarity with 5 coastal processes, inlet dynamics, coastal management programs, or demonstrated 6 interest in such programs; relevant education and experience; leadership and involvement 7 in community affairs; and willingness to artend meetings and to undertake and complete 8 assignments. 9 Members of the Committee shall be appointed by and serve at the pleasure of the 10 Board of County Commissioners. Members shall meet the qualifications for membership 11 and requirements as outlined in Section Five of Ordinance No. 86-41, as amended, or by 12 its successor ordinance. 13 Appointment of members to the Committee shall be by resolution of the Board of 14 County Commissioners, which resolution shall set forth the date of appointment and the 15 term of office. Appointments to fill any vacancies on the Committee shall be for the 16 remainder of the unexpired term of office. 17 SECTION FOUR: Removal From Office; Failure to Attend Meetings. 18 Committee member attendance requirements, including failure to attend meetings 19 and member removal from office are governed by Collier County Ordinance No. 86-41, 20 as amended, or by its successor ordinance. 21 SECTION FIVE: Officers; Quorum; Rules of Procedure. 22 At its earliest opportunity, the membership of the Committee shall elect a chairman 23 and vice chairman from among the members~ Officers' terms shall be for a period of one 24 (1) year, with eligibility for reelection. 25 The presence of five (5) or more members shall constitute a quorum of the 26 Committee necessary to take action and transact business. 27 The Committee shall, by majority vote of the entire membership, adopt rules of 28 procedure for the transaction of business and shall keep a written record of meetings, 29 resolutions, findings and determinations. Copies of all Committee minutes, resolutions, 30 reports, and exhibits shall be submitted to the Board of County Commissioners. Agenda _,Item Pg' ;¢ 1 SECTION SIX: Review Process. This Committee shall be reviewed once every four (4) years in accordance with the 3 procedures contained in Ordinance No. 86-41, as amended, or its successor ordinance. 4 SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such 8 portion shall be deemed a separate, distinct and independent provision and such holding 9 shall not affect the validity of the remaining portion. 10 SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. 11 The provisions of this Ordinance shall become and be made a part of the Code of 12 Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be 13 renumbered or relettered to accomplish such, and the word "ordinance" may be changed 14 to "section," "article," or any other appropriate word. 15 SECTION NINE: Effective Date. 16 This Ordinance shall become effective upon receipt of notice from the Secretary of 17 State that this Ordinance has been filed with the Secretary of State. 18 PASSED AND DULY ADOPTED by the Board of County Commissioners of 19 Collier County, Florida this __ day of 2001. 2O 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ATTEST: Dg, qGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: JAMES D. CARTER, PhD., Chairman Approved as to form and legal sufficiency: Chief Assistant County Attorney I l FEB I 3 llO1 EXECUTIVE SUMMARY V-2000-26, 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 4, 5, 6 AND 7; 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 95T" AVENUE NORTH, FURTHER DESCRIBED AS LOTS 3, 4, 5, 6 AND 7, NAPLES PARK UNIT 3, 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: The Board of Zoning Appeals approved a similar petition on May 23, 2000 for six lots fronting on 111th Avenue North and 1 l0th Avenue North. All the variances for that project were internal. That project is now under construction. The Board denied another similar petition on January 9, 2001, for four lots fronting on 111'h Avenue North, because that project included encroachments that affected neighboring properties. Staff recommended approval on both of these projects, because the courtyard walls would ameliorate the encroachments. The petitioner requests several variances in order to construct 5 zero-lot line courtyard style homes on five lots zoned RMF-6 in Naples Park. The lots will maintain the combined 15-foot separation between this project and adjacent homes. A 6-foot 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. Ten phone calls, 1 email and 4 letters of objection were received. Two phone calls were received expressing no objection. Objections varied, but most centered on the fact that this project is out of character with the rest of Naples Park. The project was tentatively reviewed by a member of the Community Character Committee and, while it was not totally rejected, some aspects did not fit into the Community Character proposal. FEB 13 2001 It should be noted that the Community Character Study has not yet been submitted to the Board of County Commissioners. 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 deny, based on the fact that there is no land-related hardship (a single-family house, of code-minimum size, could be constructed on each lot). The vote was 4 to 4, therefore the motion failedi As a result, the CCP. C forward petition V-2000-26 to the BZA without a recommendation. 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-00-26 to the BZA with a recommendation for approval. However, after a similar petition (V-00-25) was denied by the BZA on January 9, 2001, staff took into consideration the direction of the Board and recommends denial, based on the fact that rear yard encroachments are not entirely ameliorated by the courtyard wall. In addition, it is staff's opinion that a variance is not the appropriate vehicle to accomplish the petitioner's objective. The variance process is not intended to be a mechanism to allow for relaxed development standards and a different development scheme (i.e. zero lot line) on an on-going basis. If it is the desire of the community to review the existing development standards in Naples Park, this should be accomplished through a community-based planning study. 2 ITEM FEB 13 2001 PREPARED BY: FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: R~J~qA~'D'°3F. N~I~O, AICP CURRENT PLANNING MANAGER DATE DATE ROB ~ Z J.~~LH~, ~--'-~P'~ PLANNING SERVICES DIRECTOR DATE APPROVED BY: JO~[N M. DUNNUCK, III DATE IN~gERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-26 3 AC-~A ITEM FEB 13 2001 V-00-25 V-00-26 Property Owner: George F. & Rita Faccone 579 95th Avenue North Naples, FL 34108-2452 FEB 13 2001 MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT coMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 13, 2000 SUBJECT: PETITION V-2000-26 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 five 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 4, 5, 6 and 7; 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 95th Avenue North, also described as Lots 3, 4, 5, 6 & 7, Block 33, Naples Park Unit 3. ~ ....' A~ ITF. J~ FEB t3 2001 pg.~__~ PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct courtyard-style zero-lot line homes on 5 lots zoned RMF-6 in Naples Park. The lots will maintain the combined 15-foot separation between this project and adjacent homes. A 6-foot 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 110th Avenue North. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: Undeveloped lot; zoned RMF-6 North - East - South - West - Single family home; zoned RMF-6 Single family home; zoned RMF-6 95th Avenue North ROW 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: .... AC_.~'~A ITF..M !3 2001 Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the !and, 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. 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. 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-style 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? ..... . FEF !3 2001 3 P~.__~ 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-00-26 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. 4 A~A ~TE.I~' FE3 t3 001 F~ISCHL, AICP SENIOR PLANNER i//~IEWI~D BY: ~ CURRENT PLANNING MANAGER ROBI~RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR /'/.~_ ~. DATE DATE DATE APPROVED BY: 8,: ENVIRONMENTAL SERVICES Petition Number: V-2000-26 Collier County Planning Commission: GARY WRAGE, CHAIRMAN FE~ i3 2OOi JOSEPH SABATINO 9624-102 CRESCENT LAKE DR. NAPLES, FLORIDA 34109 August 16, 2000 Collier Count5' Planning Services Dept. 2800 North Horseshoe Drive Naples, Fl. 34104 Attn: Fred Reischl, Semor Planner Re: Courtyard Singles/Naples Park 9 lots l,¥ 0 0-2 6 O0--z5 Dear Fred. Attached are nine addltiotml lots being submitted for Collier County's consideration to provide the necessary variances required to construct the proposal as shown on the attached Exhibits "A" & "B". for Courtyard Singles. The land consists of four contiguous lots in one location and five contiguous lots in a second location all under the same ownership, I have them under agreement and I am the authorized agent for the owner Mr. George Fatcone. I am hoping they can be expedited and be considered under one application. The application closely follows the same variance requests that were received by the petitioner under petition V-2000-O8 which you handled for the County so expertly. I am enclosing a copy of that petition's executive summary which I hope can act as a support document in lieu of Pre-application notes or minutes requested in the variance petition application submittal. I hope that the request is serf explanato~j, but should you need additional information or should you have any questions please don't hesitate to contact me. Joe $abatino ph: (941) 598-1126 fax: (941) 593-0131 e mail: jcsab~aol.com AGEt~r)A ITEM FEB 13 2001 lit A'I' ~OOK 3,PAI3I. B UNIT NO 6 NAPLES I~AI~t% SECTIONS ~8 AND $$. T485, RZSE COLLIER COUNTY, FLORIDA ' ....."'°°° ......'" 2~/4/~/r ,,4- '~Z - °d"""" '-""'°2 ....... · ",..' '--. i': I. . .,Y.~.' ,::~'~"u ' rm ,-o,o'o'"o~ ~ .. .......1..1.. d ....I ....~,r . ~ I)~ _. ,o, .... ,,,,.,, · c ~.,,-,**._.._....:...,=:.__=.=::._.:=..~ .o ~ , ,,:,~.:.;,,;.'..,[ .r.,I,,,,,.,,, " · ,,: '~3T.'~'?.z;.~ ~..-..-~ ---z FEB 13 2001 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTI~l " ¥ 00- ll~ ]I/ 0 0 - 2 6 ~Date Petition Received: ........... Petition No. -- Commission District: ~ ' Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Agent's Name: Agent's Address: ./~/'~-~., /~_ ~;/C.' '~ 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 Page 1 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: A'"' ~- Mailing Address City State ~ Zip Name of Homeowner Association: /V Mailing Address City State Zip Name of Master Association: //././q Mailing Address City State Zip Name of Civic Association: Mailing Address D'. City AY~c/oCc.- ..'-' State PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivisio~n: /C';4~c.cJr Section 2~fi Twp. 4,(- 5 Range 9~5' ~ Property I.D. Metes & Bounds Description: ~ ~i~6 5 C:v.~ i1~, '- Address of Subject Property: (If different fxom Petitioner's adctress) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: Minimum Yard Requirements for Subject Property: / Front: ~--'~ Comer Lot: Yes [] No Side: 7, ~-' ~-~-- (2.) Waterfront Lot: Yes [] Rear: Application for Variance Petition - 8/98 Page 3 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. AppUcation for Variance Petition - 8/98 Page 4 · FEB !3 2001 AGF_.N~A ITF_.M FE8 I3 2001 Please note that staff and the Colher County Plnnning 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 critena(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. 4'm') ~p~.:/p:4.u.¥ ~ ~u.¢ ~-~ ~ ~7 /i~'~ ~z '~',~- ~ ,:-~'c,f 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 var/ance request. /,' 3. Will a literal interpretation of the provisions of this zoning code work ~m~ecessary and undue hardship on the apphcant or create practical d/fficult/es 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, FEB ! 3 2001 Will granting the variance requested co~fer on the petiuoner any special privilege that is demed by these zoning regulations to other lands, buildings, or smactures m 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 demimental 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 of: FEB 13 2001 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o ' COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment l (measured in feet) ,r,~.,~,-.~,., 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable to = Collier County Board of Commissioners 8. Other Requirements- . As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. // '~kp~_~'ant/Agen~ S,gnature -- 'Date Application for Variance Petition - 8198 Page 7 of i FEB 1:3 2001 AFFIDAVIT ~ ( ~ · We/I, .,'~/(~' ~ )~/~'/ _~'~AYd being first duly sworn, depose and say that we/I described herein and which is the subject matter of proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize to act as our/my representative in any matters regarding this Petition. /' S[gnatu're of P~-'operty Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ! ~,ot h day of jq o,~ c~ ~ ~ o7 ..0~c> , by t<~,., f~t ~c_~,O who i~r~rsonall~o me or has p'"roduced State of Florida County of Collier as identification. Application for Variance Petition - 8/98- Florida) (Print, Type, or Stamp Commissiol Name of Notary Public) Page 8 of 8 FEi 13 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 26, 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 varances; and WHEP-,EAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearring 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 4, 5, 6 and 7; 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 t-he 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-2000-26 filed by Joseph Sabatino, with respect to the property hereinafter described as: Lots 3, 4, 5, 6 & 7, Block 33, Naples Park Unit 3, as recorded in Plat Book 3, Page 5 of the Official Records of Collier County, Florida. be and the same hereby is approved a variance of 7.5 feet from the required side 7ard of 7.5 feet to 0 feet along the east side yard of Lots 4, 5, 6 and 7; 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 -1- FEB !3 2001 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 following 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-2000-26 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 Approved as to Form and Legal Suffi6iency: Marjorio4M. Student ' Assistant County Attorney G:/V-2000-26/cw/FR JAMES D. CARTER, Ph.D., CHAIRMAN 2 AG~A FE9 13 2{101 'L 'O'E) 'c.:_'~ FE~ !3 2001 EXECUTIVE SUMMARY V-2000-31, DAVID & CHERYL SURGEON REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.4 FEET FROM THE REQUIRED 5-FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES TO 3.6 FEET FOR PROPERTY LOCATED AT 2925 COCO LAKES DRIVE, FURTHER DESCRIBED AS LOTS 45 AND 46, COCO LAKES, IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the connnunity's interests are maintained in single family development. CONSIDERATIONS: There is no land-related hardship related to this variance. The petitioner requests a 1.4-foot after-the-fact variance from the required 5-foot rear yard setback for accessory structures to 3.6 feet to allow a pool and screened pool enclosure to remain on a single family lot. The petitioner wishes to receive a Certificate of Occupancy for a pool and screen enclosure. A building permit for a pool was issued in 1999 but has not yet received a Certificate of Occupancy. A building permit was issued for a screen enclosure in June 2000. The spot survey for those permits indicated the encroachment. The plans submitted with the building permit indicated a rear yard setback of 5 feet. The encroachment is adjacent to a 25-foot wide preserve tract. Staff research did not reveal an3' previous variance requests for Bahama Pools or Anderson Screen. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. "AGENDA field FEB !3 2001 The Collier County Planning Commission heard this petition at its January 18, 2001 meeting. Stating that there were no prior variance petitions by these contractors and that the encroachment xvas adjacent to a preserve, the CCPC voted 7 to 0 to forward petition V-2000-31 to the BZA with a recommendation of approval. Two letters of no objection were received. 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 sarvey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: The plan submitted with the building permit indicates a rear setback of the required 5 feet. The encroachment is ameliorated by the preserve tract, hmvever the encroachment appears to be a construction error with no land related hardship. Therefore, Planning Services staff recommends denial. 2 FEB 13 2001 PREPARED BY: FRED~ISCHL, AICP PR//I~C IPAL PLANNER RONALD k!'~i'.K~, AICP CURR~NT PL^NN~NO M^N^~R DATE DATE R;O~RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOH~M. DU~,~UCK, III DATE INTI~RIM COMML~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-31 3 FEB 1,~ 2001 Pa. AGENDA ITEM 7-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: DECEMBER 22, 2000 SUBJECT: PETITIONV-2000-31 AGENT/APPLICANT: OWNER: David A. & Cheryl Surgeon PO Box 7225 Naples, FL 34101 REQUESTED ACTION: The petitioner requests a 1.4-foot affer-tb ..-fact variance from the required 5-foot rear yard setb~:ck for accessory structures to 3.6 feet to allow a pool and screened pool enclosure to remain on a single family lot. GEOGRAPHIC LOCATION: The subject property is located at 2925 Coco Lakes Drive, also described as Lots 45 & 46, Coco Lakes. FEB 13 2001 ! I PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to receive a Certificate of Occupancy for a pool and screen enclosure. A building permit for a pool was issued in 1999 (Permit Number 1999122008 issued to Bahama Pools of Southwest Florida, Inc.) but has not yet received a Certificate of Occupancy. A building permit (Permit Number 2000061083 issued to Anderson Screen & Vinyl, Inc.) was issued for a screen enclosure in June 2000. The spot survey for those permits indicated the encroachment. The plans submitted with the building permit indicated a rear yard setback of 5 feet. Staff research did not reveal any previous variance requests for Bahama Pools or Anderson Screen. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: Single family home; zoned PUD North - East - South - West - Lot 47; zoned PUD Coco Lakes Drive ROW Lot 44; zoned PUD Tract "P" preserve; zoned PUD 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: 2 FEB 13 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? 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 5 feet. 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. The pool is constructed so that the screen is within inches of the edge of water. 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 Bailey Lane PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? ~c_o~A ~ FEB13 2001 No. The granting of this variance will reduce the mount 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. gt 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 25-foot wide preserve tract. 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. RECOMMENDATION: The Environmental Advisory Council did not hear this petition because the EAC does not normally hear variance petitions. The plan submitted with the building permit indicates a rear setback of the required 5 feet. The encroachment is ameliorated by the preserve tract, however the encroachment appears to be a construction error with no land related hardship. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000-31 to the BZA with a recommendation for denial. 4 FEB 13 2001 PREPARED BY: S~L PLANNER RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE APPROVED BY: 4N M. ~LTNNUCK III DATE TERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: V-2000-31 5 FEB 13 2001 .]. .BE ~ NNIN~ . ~ 7.~ Date~_l~~)nltlal~~ Col 1 ter Counts, Building' Revt~ ~ Pefillt$~fit I LO? .~? ' ,coco (v~c,~r) S 87'20'18" W submitted Site Plan with building permit 'Z EB !3 2001" LOT 47 COCO LAKES S 87'20'18" (VACANT) w 115,.-c 25. [ N 87'20' t8" E 25' z --4 0 0 23.6' vv 16.4' v 25.0' DWELLING AGEJ',~ A ITF_.J~ FEB 13 2001 ---- RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 31, 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 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 1.4-foot alter-the-fact variance from the required 5-foot rear yard setback for accessory structures to 3.6 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 6f 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-2000-31 filed by David & Cheryl Surgeon, with respect to the property hereinafter described as: Lots 45 and 46, Coco Lakes, as recorded in Plat Book 33, Pages 27 through 29 of the Official Records of Collier County, Florida be and the same hereby is approved for a 1 A-foot after-the-fact variance from the required 5- foot rear yard setback for accessory structures to 3.6 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: I. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. FEB 13 2001 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 lost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-31 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 Approved as to Form and Legal Sufficiency: CHAIRMAN, BOARD OF COUNTY COMMISSIONE Marjorie M. Student Assistant County Attorney $:~%2000-31 FFR/i m -2- FEB 2001 -- NGVO . NAllON~L ~11~ ~11C~L DAIUM Or 1,~! N 114. sw ~/4, i/4 S[C~ T. 49 S., R 25' STA~ ~ LOT 47 COCO 87'20' 18' W lOT 46 COCO LAKES El .LLLLLLL .LLLLLLL ~OT 46 COCO 115.00' I,~! oc? ~ o 2ooo ' ¥ 00-31 o o !; Dennis M. Pro'tel)o..~'., a Re91st~-ed Load ~M~ ~ the State at ~l~. hw~y cwllfy to rnt Not~ Bmk of N~ea LOT 45 ~ ~, C~O L~ES, dk~t~ ~d m~ts ~e M~um T~n~M St~d~dl as pw ~tw 61G17-6 ~ A~lltratl~ C~I. ~ t to ~t,~ 47~027, ".~o Stotut. ~.e .e no ~.ble .~m.t. othw ~ ~, n0 ~.t.. ~. ':e FEB 1 3 2001 ~t~ of ~f~ ~ h~ ~. No tiOe ~ch h~ W m~ by the ~. No att~t how b~ ~ to B~s c~f~ ~o the w~t 23 t 4g 8 r 2~ e. -' Exhibit "A" --- Frank & Mar ann Setnmens 2898 Coco Lakes Drive, Naples, FL. 34105 Phone/Fax: 941-2134)031 January 12, 2001 To: Collier County Planning Commission We are residents of the Coco Lakes PUD. We are a' care of the variance requested by the Surgeons and wish to advise you that we haw; no objection to granting their petition. Very truly yours, Maryanq Semmens /~ I.I~-D I FEB !3 2001 $mlu~ 10, 2001 To: Collier Cotu~, Plmmin$ Commission ~ I~ d~e~r ofC~ ~. p~ ~ ~v~ ~t I ~ a~ of~ fi~ by Dav~ ~ Cmryl S~mn ~t~ ~ v~e ~i~ Io ~ ~~ ~1 ~ Co~' ~'s ~ ~k 1 ~ ~t o~ to ~ CCPC S~t~ t~ S~s~n's $incereb'? 263-861~6 AGL~A ITL~ FEB 13 2001 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR Z£ 0o-31 Petition No. Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Te]cphone: Agent's Name: Agent's Address: Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page 1 of 8 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Associafion:0-OCO /.~e~ ~'~ot~0t,otl~t% Mailing Address o~"[[~ ~11.1~ /Jl~0~. City NAPLES Assoc~c,,%on . 23o¢. State~_ L- Zip Name of Homeowner Association: Mailing Ad~ess City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip .,Name of Civic Association: M ailing Address City State ~ Zip PROPERTY DESCRIPTION: /..oT ~5 ~,'i4o, Coco Legal D~cfiption of Subject Prope~: ~;~/~$ ~,~ +hro~cjh Subdivision: ~oco Lo,~e£ Unit Lot (s) g[~' '0t4~ Block (s) Section 2 3 Twp. , 4ct Range 2.~ Property I.D. # Metes & Bounds Description: ~ee ~uru¢~/ bq~¢,~ · Application for Variance Petition * 8/98 Page FEB ~3 2001 Address of Subject PropertT: (if d/fferent from Pelitioner's address) Current Zoning and Land use of Subject Parcel: ~.~L~. , Adjacent Zoning & Land Use: N S W E Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes ['-] No ~ Waterfront Lot: Yes [] No ~ Application for Variance Petition - 8/98 Page 3 of 8 !3 200t Nature of Petition 25' to 18'; when property owner purchased property; built (include building permit number (s) if possible); existing encroachment came to be; etc. 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 when existing principal structure was why encroachment is necessary; how Ap~;,:~.cation for Variance Petition - 8/98 Page 4 Of FED !3 2001 Plcase note that staff and the Collier Count~ Planning Comm/ssion shall bc guided m the/~ recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided m its deterre/nation to aFprove or deny a variance petition by the below hsted criteria (1-$). (Please address th/s criteria using additional pages/f necessary.) Are there special conditions and circumstances existing which are peculiar to the Ioc,,fion, size and characteristics of the land, swacrure, or building involved. Are there Sl~cial conditions and circurmmnces which do not result from the action of the applicant such as pre-existing conditions relative to lhe property which is the subject of the vsriance request. 3. Will a literal interpretation of the provisions of this zoning code work unnecessa~ and undue . _ . harris. hip on the applicant or create prac.tic~ difficulties on the app. licant. I~c~l~k,l~. toe c~ce ~_re,~.a;l'e& 'Fror~ cnov,t~ mn~o reat~. '~r- Cto. OOe axe. -~rce~ .'~ rtll:~ ..Ftora oOr ~o ~ts~.a. I t^ aof, roctt~'t'eh.~ rent ~-&~-~c~ ¢o~ ac~. e~ci~r~o,'t'an~'. Will ~e v~ance, if gr~led, ~ ~e ~um van~ce ~at will ~e po~ible ~e remo~ble ~ of · e l~d, b~g or s~c~ ~d w~ch promote stand~& of h~l~ ~e~ or we~. Application for Vat/ante Petition - 8/98 Page $ of 8 FEB 13 200~, Will granting the variance requested conft. r on ~he petitioner any ~ial p~vilege ~at ~ ~ed by ~c~ ~g ~o~ ~ o~ ~ds, b~l~s, or s~c~cs m ~c s~e zo~g ~. Will ~ranting 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. A~e there natural conditions or physically reduced conditions that ameliorate the goals a.ud objectives of the regulation ~ch a~ natural preserves, lakes, golf course, etc. Will granlmg the variance be consistent with the growth management plan. y¢5 r Application for Variance Petition - 8/98 Page m. / :SrO ~Z FE,~ 13 2001 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or COPIES REQUIRED -'1. Completed .~pplication 15 ..... 2. Con~pleted Owner'/Agent Affidavit, Notarized...... 1 '31" Pre-application notes/minutes 15 4. Sur~'ey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale ofdrawing d) Required setbacks & proposed setbacks - 6 Location map depicting major streets in area for 1' reference "' 7. Application 'fee and Data Conx)~rsion'"Fee, checks shall"'-" be made payable to Collier County .Board of Commissione? 8. Other Requirements - . i ,. As the authorized agent~applicam for this petition, I attesl that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition, -09 Date Application for Variance Petition - 8/98 Page 7 o! FEB 13 2001 t We~, ~)~}!IIt9 ~. ~ C~UlL L. ~I~.6~.Ot~] being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the dLsclosure 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 beliefl. I'I/e/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Wefl further authorize "~Ot~ iq . S{J~..6~Dt~ to act a8 our/my representative in an)' matters regarding this Petition. T)ped or Printed Name of Owner Signature of Property~wner Printed Na~ of Owner The~fooregoing instrumentwa~ acknowledged before me this identification. State of Florida County of Colli..e~~ Application for Variance.Petition - 8/98 (Si ature of Notary Public - State of Florida) "l'-"- -- ' (Print, Type, or Stamp Cot,. miss Name of Notary Public] l~age 8 of 8 FEB t3 2301 COU. le~ COU!~IT. ROR~A ADDRESS RANGES: 2827 - 2981 Coco Lakes' Drive 2949 - 2958 Coco Lakes Way 2889 - 2897 Coco Lakes Place 2846 - 2854 Coco Lakes Court 2985 Bailey Lane Pg.~ N mo ~ o r-z z .,qm r'~ ~ ~ x m ~ FEB 13 200] CENl~RL)NE ~ ~ BENCH~ARK LEGEHo ARC OW = DRIV~ WAY ;p'~J - P~a~£s~4C~A( (AND ~UR~yoR _RE~C ~ RECORD N N£ !/4 SE £11~}N 23, ~J 25' STATE OF FLOR~DA~ ~ COUNiY OF COLLIE~) I,OT 47 COCO LAKES (VACANI) 87'20'18" W 11500' LOT 4(; COCO lAKES 75' 67' (}WE LLING 119' LLL '" LLLLLLL LLLLLLL 673' COCO'L~KES S 87'20'18" LOT 44 COCO LAKES 15.00' l~' 00-31~ . I, Deq~lS M Portalia, St, a Re9istered Load Surve~r in the State of Florida, hereby certify to First National Boar of Naples /Is Successor and assigns Dominique Ribs, Esq., and to David A. and Chery~ L. Surgeon that the foregoing plot represents o ~urvey of the hereon described premises: LOT 45 AND 46, COCO LAKES. AS RECORDED IN PLAT BOOK 55. PAGES 27 THROUGH 29 of [he Public Records of Collier CourtLy. Florida. That o survey at (he above described property dkec*io~ ~ meets the Minimum Technical S[ondords as per Chop[at Section 472.027, Florid~ Statutes, ~ere are no visible encroachments other than shown. no easements or claims of eosements of which we hove knowledge. No title search h~s been ~ode by the sur~r, No allampi has been made tocote foolers beneath the surfoce. Street A~dress is Coco Lakes Orive. N~ples, Fl. Bearmss cobform to ~he west line of Sea(ion 23. t.49 s., r 25 e. [iev~tions ore ~ssumed. Property )s in Fiood Zone Not valid unless signed and sealed wifh embossed sesI !3 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 31, 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 heating after notice as in said regulations made and provided, and has considered the advisability of a 1.4-foot after-the-fact variance from the required 5-foot rear yard setback for accessory structures to 3.6 feet as shown on the attached plo! 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 WqqEREAS, 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-2000-31 filed by David & Cheryl Surgeon, with respect to the property he, cin,~ft¢: de'scribed as: Lots 45 and 46, Coco Lakes, as recorded in Plat Book 33, Pages 27 through 29 of the Official Records of Collier County, Florida be and the same hereby is approved for a 1.4-foot after-the-fact variance from the required 5- foot rear yard setback for accessory structures to 3.6 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. -1- 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 '.o the provisions of the Collier County Land Development Code in effect at the time of the reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-31 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. ,ATTEST: DV~qGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: J,~qlES D. CARTER, Ph.D., CHAIRMAN Marjor/e~M. Student Assistant County Attorney g ~.-2000-3I 'FKim -2- POINT OF IN*J~RS[C~90~ N LOT 47 COCO LAKES (VACANt) 87'20'18" W 115.00' N 87'20'18' E Z ?5' DW[ LLING LOT 46 COCO LAKES 5.4' LLLL_L . L L LLLL LLLLLL LOT 45 COCO 'LAK~ S 87'20'18" W LOT 44 COCO LAKES I, Dennis M. PorteHa, Sr.. o Registerec) Land Surveyor in the State of F)orlda, hereby certify to First Notlanai Batik of Naples its successor and assigns Dominiq(je Rihs, Esq., and to David A. and Chery~ L Surgeon that the foregoing plot represents a survey of the hereon described premises: LOT 45 AND 46. COCO LAKES, AS RECORDED fN PLA? BOOK 33, PAGES 27 THROUGH 2g of the Public Records o That a sur~ey of the obo'/e described property was mode under my directing and meets the Minimum Technical Stond(jrds as per Chapter 6tG17-6 Florida Administrative Code, purauon Section 472.027. Florida St(jtutes. There ore no Wsible e~croachme~ts other than shasta. ~o easernent~ or claims easements of which we h(jve k~owledge. No title search has been mode by the surveyor. No attempt has bee~ madI locate footers bef~eoth the surface. Street Address is Coco Lakes Drive, Naples, Fl. Beorincjs co~form to the west line of Section :25, t49 s., r 25 e. J{~ )l~/~ REWS~~ 1~10.199 TO SHO~ F~NDA~ J~ZSED 10/13/2~ TO SHOe ~{CK PASO II /~ ...... ' ~ ~xhibi< "A" Elevations ore Property is in ~ood Zone Dennis M. Portell(J, S~. PLS t~4504 Not valid unless signed and sealed with embossed seal. c) o o BO~ARY ~l ~-~~ EXECUTIVE SUMMARY PETITION A~ 2000-03, ANTHONY P. PIRES, JR., REQUESTING AN APPEAL OF THE COLLIER COUNTY PLANNING COMMISSION'S APPROVAL OF BOAT DOCK EXTENSION BD-2000-20, APPROVED ON 2 NOVEMBER 2000 FOR PROPERTY LOCATED AT 372 OAK AVENUE, FURTHER DESCRIBED AS LOT 9, BLOCK I, CONNER'S VANDERBILT BEACH ESTATES UNIT 2, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The appellant requests that the Board of County Commissioners determine whether the Collier County Planning Commission has the ability to render a decision "as to a boat dock facility extension request", and, further, whether the extension requested in Petition BD 2000-20 should have been approved by the CCPC. CONSIDERATIONS: The decision of the Board to uphold, modify, or reverse the CCPC approval of this petition must be based solely on the information of record presented at the public hearing on 2 November, and the Board must decide if competent and substantial evidence was presented at this hearing which warranted the CCPC decision to approve. · This petition was originally heard by the CCPC, and approved by a vote of 6 to 1, on 5 October 2000; however, the hearing had been improperly advertised, and was re-heard for 2 November. It is on the evidence presented at the latter hearing that the decision of the Board should be made The subject property is located at 372 Oak Avenue, legally described as Lot 9, block I, Conner's Vanderbilt Beach Estates, and is an unimproved, single-family residential lot. A boat dock protruding a total of 54 feet into the waterway was approved by the CCPC on 2 November 2000 by a vote of 5 to 2, with Commissioners Abernathy and Young voting for denial. Commissioner Abernathy cited his concern over the lack of a principal structure on the property and that no specific vessel had been identified. Commissioner Young indicated that the large number of local residents opposed to the project obliged her to vote for denial. The LDC allows construction of a residential dock protruding up to 20 feet into the waterway, but also acknowledges that, under certain circumstances, a boat dock protruding further into the waterway than 20 feet may be appropriate. Tile petition requesting the extension is evaluated by staff in relation to 10 criteria specified in the LDC, and a recommendation is made to the CCPC, which approves or denies the AGENDA ITEM No. FEB [ 3 2001 request based on these criteria. The extension petition is not a variance, and is not reviewed by the BCC; the petitioner need not establish the existence of a land-related hardship as a condition of approval. In his appeal, the appellant alleges that the CCPC does not have "the authority and/or jurisdiction" to hear and make a "final decision" regarding dock extension petitions. The appellant also alleges that Planning staff improperly applied certain LDC criteria, and that staff "speculated" as to the achievement of other criteria. The County Attorney is of the opinion that the allegation that the CCPC does not have the authority to render a final decision regarding boat dock extension petitions is groundless, and will address the issue at the public hearing. The appellant also alleges that staff "improperly accepted the Petition and scheduled it for consideration before the CCPC." The basis for this allegation is the fact that there is no principal structure on the subject property, nor has a building permit been issued for such a structure: a dock is an accessory use in residential zoning districts, and Section 2.6.2.1. of the LDC states that accessory structures must be constructed simultaneously with or following the construction of the principal structure. This allegation is groundless. Approval of a boat dock extension does not constitute approval of a building permit for the dock. The Building Department will issue a permit for the dock only in conjunction with, or subsequent to, the issuance of a building permit for a principal structure on the same property. Once constructed, the dock can only legally be used upon issuance of a certificate of completion, and such certificate cannot be issued until a certificate of occupancy has been issued for the principal structure. A dock could not legally be built or used solely on the basis of the approval of a boat dock extension. The following addresses the allegations regarding staff evaluation of the boat dock extension petition. LDC Sections 2.6.21.3.7. and 2.6.21.3.8. refer to the impact of the proposed dock on "the view of the waterway by surrounding property owners." The appellant alleges that staff improperly applied the criteria addressing the impact of the proposed dock on the waterfront view, by limiting their analysis to the impact on "neighboring" and "adjacent" property owners, when the language in the LDC refers to "surrounding" property owners. Staff consider that it is the intent of the LDC to address the impact on nearby property owners - those most directly affected by the project - and that, for all practical purposes, the words "neighboring", "adjacent", and "surrounding" are synonymous in meeting this intent. Staff further consider that "view", while of concern, is, by nature, subjective, and that the appearance of any new structure visible to any nearby property owner may draw a critical response. In evaluating such petitions, staff attempt to put these subjective criteria in perspective relative to other, more substantive, criteria, when making a recommendation for approval or denial. AGENDA ITEM NO. FEB 1 3 ; 001 Section 2.6.21.3.2 addresses whether the water depth at the site "is sufficient to allow safe mooring of the vessel, thereby necessitating the extension request." The appellant alleges that staff speculated as to whether this criterion was achieved. Specifically, the petitioner alleges that analysis of this criterion is not possible without knowing the specific "type, make and model" of the vessel, in order to determine the draft of the vessel. Staff consider that the reference to "the vessel" does not require that a specific vessel be identified, and that the intent of the LDC is to consider the approximate draft of a typical privately-owned pleasure craft able to be accommodated by the proposed facility. Staff further consider that any attempt to restrict the applicant to a specific type, make, and model of vessel would be impractical and unenforceable, and that the language in the LDC recognizes this. · FISCAL IMP. ACT:. ' ? The CCPC's approval of petition BD 2000-20 as such had no fiscal impact on the County; however, it is possible that the Board's decision in the matter of this appeal might have some fiscal impact in the form of litigation on behalf of either the petitioner or the appellant. GROVVTH MANAGEMENT IMPACT: The approved facility, if built, would .have no impact on ~he Growth Management Plan, nor would the Board's reversal of the CCPC decision have any impact on the GMP. ENVIRONMENTAL ISSUES: Relevant environmental concerns, as described in LDC Section 2.6.21 (that part relating · to seagrass beds), and 2.6.22 (Manatee protection) were addressed by staff, and it was determined that the proposed facility was exempt from the provisions of the Manatee Protection Plan, and that no seagrasses were located within 200 feet of the proposed facility. HISTORICAL/ARCHAEOLOGICAL IMPACT: None: no historical/archaeological survey is required for docking facilities PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended approval of the extension, determining that the proposed facility met all LDC criteria. EAC RECOMMENDATION: None: the EAC does not review boat dock extension petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended approval by a vote of 5 to 2, with Commissioners Young and Abernathy voting for denial. Commissioner Abernathy cited the fact that there was no permitted principal structure on the property. Commissioner Young cited the large number of local citizens opposed to the extension. AGENDA ITEM No .... FEB 1 3 2001 PREPARED BY: ROS~ GOCH]ENAUR, PLANNER II CURRENT PLANNING SECTION :~WED By: CURRENT PLANNING SECTION DATE RO~BE T J.~DIRECTOR PLANNING SERVICES DEPARTMENT b/AA;E ¢/ APPROVED BY JOj~N M. EY~NNUCK, III, INTERIM ADMINIISTRATOR CC~vlMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/A 2000-03 D~'¢E ' AGENDA ITEM No. FEB 1 3 Z001 BACK-UP DOCUMENTATION FOR THIS ITEM CAN' ~3E VIEWED IN THE PLANNING SERVICES DEPARTMENT AT THE DEVELOPMENT SERVICES BUILDING AT 2800 N. HORSESHOE DRIVE AND CLERK OF COURTS, MINUTES AND RECORDS, ON THE 4rtt FLOOR OF THE HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL. FEB 1 3 ~001 EXECUTIVE SUMMARY PETITION A 2000-02, ANTHONY P. PIRES, JR., REQUESTING AN APPEAL OF THE COLLIER COUNTY PLANNING COMMISSION'S APPROVAL OF BOAT DOCK EXTENSION BD-2000-23, APPROVED ON 19 OCTOBER 2000 FOR PROPERTY LOCATED AT 9207 VANDERBILT DRIVE, FURTHER DESCRIBED AS LOTS 5 AND 6, CONNERS VANDERBILT BEACH ESTATES UNIT 2, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The appellant requests that the Board of County Commissioners determine whether the Collier County Planning Commission has the ability to render a decision "as to a boat dock facility extension facility (sic)", and, further, whether the extension requested in Petition BD 2000-23 should have been approved by the CCPC. CONSIDERATIONS: The decision of the Board to uphold, modify, or reverse the CCPC approval of this petition must be based solely on the information of record presented at the original public hearing, and the Board must decide if competent and substantial evidence was presented at this hearing which warranted the CCPC decision to approve. The subject property is located at 9207 Vanderbilt Beach Drive, legally described as Lots 5 and 6, Conners Vanderbilt Beach Unit 2, and is the site of a 5-unit, multi-family dwelling under construction. A 5-slip dock protruding 52 feet into the waterway was approved by the CCPC on 19 October 2000 by a vote of 6 to 1. The proposed facility met all LDC criteria, and staff recommended approval. The LDC allows construction of a residential dock protruding up to 20 feet into the waterway, but also acknowledges that, under certain circumstances, a boat dock protruding further into the waterway than 20 feet may be appropriate. The petition requesting the extension is evaluated by staff in relation to 10 criteria specified in the LDC, and a recommendation is made to the CCPC, which approves or denies the request based on these criteria. The extension petition is not a variance, and is not reviewed by the BCC; the petitioner need not establish the existence of a land-related hardship as a condition of approval. In his appeal, the appellant alleges that the CCPC does not have "the authority and/or jurisdiction" to hear and make a "final decision" regarding dock extension petitions. The appellant also alleges that Planning staff improperly applied certain LDC criteria, and that staff "speculated" as to the achievement of other criteria. The County Attorney is of the opinion that the allegation that the CCPC does not have the authority to render a final decision regarding boat dock extension petitions is groundless, and will address the issue at the public hearing. _ - AGENDA iTEM No, FEB 1 3 ZOO1 / Pg, _ . ~____. The following addresses the allegations regarding staff evaluation of the boat dock extension petition. LDC Sections 2.6.21.3.7. and 2.6.21.3.8. refer to the impact of the proposed dock on "the view of the waterway by surrounding property owners." The appellant alleges that staff improperly applied the criteria addressing the impact of the proposed dock on the waterfront view, by limiting their analysis to the impact on "neighboring" and "adjacent" property owners, when the language in the LDC refers to "surrounding" property owners. Staff consider that it is the intent of the LDC to address the impact on nearby property owners - those most directly affected by the project - and that, for all practical purposes, the words "neighboring", "adjacent", and "surrounding" are synonymous in meeting this intent. Staff further consider that "view", while of concern, is, by nature, subjective, and that the appearance of any new structure visible to any nearby property owner may draw a critical response. In evaluating such petitions, staff attempts to put these subjective criteria in perspective relative to other, more substantive, criteria, when making a recommendation for approval or denial. Section 2.6.21.3.2 addresses whether the water depth at the site "is sufficient to allow safe mooring of the vessel, thereby necessitating the extension request." The appellant alleges that staff speculated as to whether this criterion was achieved. Specifically, the petitioner alleges that analysis of this criterion is not possible without knowing the specific "type, make and model" of the vessel, in order to determine the draft of the vessel. Staff consider that the reference to "the vessel" does not require that a specific vessel be identified, and that the intent of the LDC is to consider the approximate draft of a typical privately-owned pleasure craft able to be accommodated by the proposed facility. Staff further consider that any attempt to restrict the applicant to a specific type, make, and model of vessel would be impractical and unenforceable, and that the language in the LDC recognizes this. FISCAL IMPACT: The CCPC's approval of petition BD 2000-23 as such had no fiscal impact on the County; however, it is possible that the Board's decision in the matter of this appeal might have some fiscal impact in the form of litigation on behalf of either the petitioner or the appellant. GROWTH MANAGEMENT IMPACT: The approved facility, if built, would have no impact on the Growth Management Plan, nor would the Board's reversal of the CCPC decision have any impact on the GMP. ENVIRONMENTAL ISSUES: Relevant environmental concerns, as described in LDC Section 2.6.21 (that part relating to seagrass beds), and 2.6.22 (Mariatee protection) were addressed by staff, and it was determined that the proposed facility was exempt from the provisions of the Mariatee Protection Plan, and that no seagrasses were located within 200 feet of the proposed facility. -- AGENDA ITEM -- FEB i 3 HISTORICAL/ARCHAEOLOGICAL IMPACT: None: no historical/archaeological survey is required for docking facilities PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended approval of the extension, determining that the proposed facility, as finally accepted, met all LDC criteria. EAC RECOMMENDATION: None: the EAC does not review boat dock extension petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended approval by a vote of 6 to 1, with Commissioner Rautio voting for denial without elaboration. AGENDA ITEM No. FEB 1 3 7001 Pg. PREPARED BY: CURRENT PLANNING SECTION VIEWED BY: q~NALI~ F'.~, AICP, MANAGER CURRENT PLANNING SECTION DATE ROI~ER'I'[J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE MARJOR, IE M. STUDENT ASSISTANT COUNTY ATTORNEY DATE APPROVED BY JOHN M. DUNNUCK, III, INTERIM ADMINISTRATOR CqiMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE executive summary/A 2000-02 AGENDA ITEM FEB 1 3 ZOO1 BACK-UP DOCUMENTATION FOR THIS ITEM CAN BE VIEWED IN THE PLANNING SERVICES DEPARTMENT AT THE DEVELOPMENT SERVICES BUILDING AT 2800 N. HORSESHOE DRIVE AND CLERK OF COURTS, MINUTES AND RECORDS, ON THE 415t FLOOR OF THE HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL. No._ FEB EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION TO CORRECT THE BOUNDARIES OF THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA AND THE IMMOKALEE REDEVELOPMENT AREA DUE TO A SCRIVENER'S ERROR. OB]ECTIVE: To have the Board of County Commissioners approve a resolution to correct the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Redevelopment Area boundaries due to a scrivener's error. The current boundary lines divides parcels, which prohibits parcels from being included for the purpose of calculating tax increment for the redevelopment program. By approving this resolution the boundaries will be corrected and the appropriate parcels will be identified by the Property Appraiser's office as parcels within the redev. elopment area. . ~ BACKGROUND: On March 14, 2000 the Board of County Commissioners approved Resolution 2000-82 that identified the boundaries of the Bayshore/Gateway Triangle Redevelopment area. On June 13, 2000, the Board of County Commissioners adopted Ordinance 2000-42 that established the Redevelopment Trust Fund and determined the 'assessment and annual appropriation procedure for tax increment revenues. While working with the Property Appraiser's Office and the Office of Management and Budget it was identified that the boundary line as identified on the maps and as described in the legal description divided four parcels. These properties were identified by the Property Appraiser's Office during the process of tagging the parcels to be included in the redevelopment area. Tagging the parcels is necessary to assure that the "frozen" tax value and the incremental value are determined accurately. A portion of a parcel can't be included in the boundary without splitting the parcel. It was not the intent of the redevelopment program to include portions of parcels that would require a split to determine the taxable value for the redevelopment boundary. The proposed amendment requires the deletion of one parcel from the Bayshore/Gateway Triangle Redevelopment boundary. This parcel is located on Terrace Avenue at the northeast boundary line. Three parcels have been identified in the Immokalee area that are divided by the boundary line. The proposed amendment will modify the boundary line to remove one of the parcels and include the entire parcel for the other two parcels. These parcels are allocated in the southwestern corner of the Immokalee Redevelopment Area. Attachments A and B depict the parcels that are deleted or expanded in each redevelopment area. CONSIDERATIONS: With the adoption of this Resolution, the Board of County Commissioners will amend the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Redevelopment Area to reflect the correct boundaries as intended in the redevelopment plan that was adopted by the Board on June 13, 2000. FISCAL IMPACT: There is no fiscal impact. AGE. N~ A ITEM FEB 13 2001 GROWTH MANAGEMENT IMPACT: There is no growth management impact. ENVIRONMENTAL ISSUES: Not Applicable HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: The Board adopt this Resolution to correct the boundaries of the Bayshore/Gateway Triangl_e Redevelopment Area and the Immokalee Redevelopment Area. EAC RECOMMENDATION: Not Applicable CCPC RECOMMENDATION: Not Applicable PREPARED BY: ~------. . DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION ]anuary 26, 2001 DATE REVIEWED BY: STAN LITSINGE~, AICP COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE Ji~TH~RIDMU~DNUMiC~STRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES -2- DATE AC~..NDA ITEM FEB 13 2001 ATTACHMENT A BAYSHORE / GATEWAY TRIANGLE REDEVE/OPMENT AREA BOUNDARIES PROPOSED BOUNDARY CHANGE AC~-_NDA ITEM ATTACHMENT B T 47 ~ C.R ~46 rn T 47 S T 46 S $R 29 I T 46 S IU m oo m~ mz ~C~NDA ITEM ~B 13 2001 Resolution No. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING FINDINGS; CORRECTING BOUNDARIES OF COMMUNITY REDEVELOPMENT AREA; AUTHORIZING AMENDMENT TO RESOLUTION NO. 2000-82 AND RELATED DOCUMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Resolution 2000-82 on March 14, 2000, finding the existence of blight conditions in two areas in the unincorporated area of Collier County, as more particularly described in that resolution (such areas being collectively referred to herein as the "Community Redevelopment Area"); and 9 WHEREAS, a Community Redevelopment Plan as contemplated by Part III, tO Chapter 163, Florida Statutes (1999), has been prepared and adopted, which ].]. addresses the redevelopment needs in the Community Redevelopment Area; and 3.2 WHEREAS, Resolution No. 2000-269 was adopted on September 12, 2000 to ].3 correct the boundaries due to the annexation of a parcel by the City of Naples; ].4 WHEREAS, subsequent to the adoption of these resolutions establishing the ].5 boundaries of the Community Redevelopment Area an error in the boundary description ].6 was discovered; and WHEREAS, a boundary error was the result of the complete parcel, as described by the Property Appraiser's records, not being included in the boundaries of the Community Redevelopment Area; and 20 WHEREAS, a boundary error was the result of the parcels described as Folio 2]. #00137280007 or as Section 13 Township 47 Range 29 all lying S & W of SR29 less RR 22 ROW & Less DB 17 PG 453, DB 39, PG 304; Folio 00137200003 or as Section 12 23 Township 47 Range 29 All except RR R/W & referenced par 8 in Section 12 described 2~, in OR 2153 PG 1901; Folio #0000000137560002 or as Section 14 Township 47 Range 25 29 all except ACL RR R/W +SR29; and Folio #70721240001 or as Rock Creek Park BIk FEB 1 3 200t Creek Park BIk B Lots 9 + 10 OR 663 PG 1828 as being Community Redevelopment Area; and partially included in the WHEREAS, it was not the intent of the Board of County Commissioners to include partial parcels in the Community Redevelopment Area, and including them was an inadvertent scrivener's error that should be corrected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: SECTION 1. Incorporating Recitals. The Board of County Commissioners finds, declares and determines that the matters set forth in the foregoing recitals are true and correct and are incorporated herein as a part'of this resolution. ~1 SECTION 2. Correcting Boundary Description of the Community Redevelopment 12 Area. The Board of County Commissioners hereby finds, determines and declares that ~,.~3 the boundary of the Community Redevelopment Area should be corrected by deleting ~ the parcel described as Folio #00137280007 or as 13 47 29 all lying S & W of SR 29 less t5 RR ROW & less DB 17 PG 453, DB 39 PG 304 from the area; and deleting the parcel 16 described as Folio #70721240001 or as described as Rock Creek Park BLK B Lots 9 + 17 10 OR 663 PG 1828 from the area; and including the entire parcel described as 18 Folio#00137200003 or as 12 47 29 all except RR RAN & referenced PAR 8 in sec 12 19 described in OR 2153 PG 1901 in the area; and including the entire parcel described as go Folio #0000000137560002 or as 14 47 29 all except ACL RR R/W + SR 29 in the area. 21 22 23 24 25 26 28 SECTION 3. Correcting All Documents. The Board County of Commissioners hereby finds, determines and declares that the description of the Community Redevelopment Area in all documents of the Commission and the Community Redevelopment Agency shall be corrected as stated in Section 2 of this resolution and all documents from the effective date of this resolution referring to the boundary of the Community Redevelopment Area shall use the boundary as amended by this resolution. SECTION 4, Effective Date. This Resolution shall take effect immediately upon approval by the Board of County Commissioners. 2 AO~NDA ITFJd FEB 13 2001 SECTION 4. Effective Date. This Resolution shall take effect immediately upon approval by the Board of County Commissioners. SECTION 5. This Resolution adopted after motion, second and majority vote this __ day of . ,2001. 6 ATTEST: ? DWIGHT C. BROCK, CLERK 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Approved as to Form and Legal Sufficiency ~ . David C. Weigel ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, PH.D., CHAIRMAN 3 AGENDA ITEM FEB 1 3 2001 EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE FIVE B", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Island Walk Phase Five B", a subdivision of lands located in Section 33 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Island Walk Phase Five B" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Island Walk Phase Five B" be approved for recording. FISCAL IMPACT: The project Cost is $243,185.54 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $126,074.62 - $117,110.92 The Security amount, equal to 110% of the project cost, is $267,504.09 AGENDA ITEM No. FEB 1 3 2001 Executive Summary Island Walk Phase Five A Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4985.80 Fees are based on a construction estimate of $243,185.54 and were paid in January, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 450.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 630.37 Drainage, Paving, Grading (.42% const. est.)- $ 491.87 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1891.12 Drainage, - $1522.44 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Island Walk Phase Five B" for recording with the following stipulations: Approve the amount of $267,504.09 as performance security for the required improvements. AGENDA ITEM No. FEB 1 3 2001 ExecutiVe Summary Island Walk Phase Five B Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. P~EPARED BY: . John R. Hould~orth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. 'Kuck, P.E. Engineering Review Manager Planning Services Department Director APPROVED BY: CJ~mh~unM t~~UlenvUeC~o~ ImeI ~t I ~t ~viTroAnd~einn~ aS ~ r~te°rvri ce s Date IJate ' D~te~ j rh AGENDA ITEM No. FEB 1 3 Z0Ol PROJECT - 19 i 20 21 22 LOCATION __/ L NAPLES-IMMOKALEEROAD2 '$ .. t 1 ' ~/ 54 35 36 5 , 3 t 32 ~ ~"-- (C.R. 862) i ~x '~T 48 S I VANDERBILT[ BEACH R(3~,D I ~ T 49c [ 1 u') ~o 6 ~n 4 3 '-._' I ' c'::: I'z ~ "-' , '"': ' I ' 1 ', " 17 16 15 14 t !..3 LOCATION MAP AGENDA ITEM FEB 1 3 2001 EXECUTIVE SUMMARY WAIVE PURCHASING POLICY AND APPROVE A SECONDARY CONTRACT WITH COLUMBIA TELECOMMUNICATIONS CONSULTANTS FOR INSTITUTIONAL NETWORK PLANNING AND IMPLEMENTATION MANAGEMENT IN AN AMOUNT NOT TO EXCEED $50,000.00 AND THE CHAIRMAN BE AUTHORIZED TO SIGN THE STANDARD COUNTY ATTORNEY APPROVED AGREEMENT ON BEHALF OF THE BOARD OBJECTIVE: To commence Phase Two of the Institutional Network Project by retaining the telecommunications engineering firm of Columbia Telecommunications Consultants. ~ ' CONSIDERATIONS: Utility and Franchise Regulation is pursuing the development of an institutional network whereby all governmental satellite locations may be linked by fiber optic cable to support telephony and high speed data transmission throughout the County. Columbia Telecommunications Consultants has completed Phase One of the Institutional Network (I-Net) Project - Feasibility Study and are now prepared to begin Phase Two. This phase will include the consulting engineers coordinating with the engineering divisions of Comcast and AOL/TimeWamer, regarding the design and cost analysis of the I-Net fiber optic system. Also, during this phase of the project, the consulting engineers will develop alternative delivery methods and ascertain the costs associated with Channel 54 service to Immokalee. On January 23,2001, the Board approved a budget amendment in the amount of $50,000 to fund Phase Two of the 1-Net Project. FISCAL IMPACT: Funds in the amount of $50,000.00 are budgeted in Franchise Administration (MSTD 111) from proceeds of the cable franchise fee audit. GROWTH MANAGEMENT IMPACT: There is no anticipated impact on growth management. RECOMMENDATION: That the Board waive Purchasing Policy and approve a secondary contract with Columbia Telecommunications Consultants, not to exceed $50,000, and that the Chairman be authorized to sign the standard County Attorney approved agreement on behalf of the Board. AGENDA ITEM FEB 1 3 2001 SUBMITTED BY: /~ ,~-- '~'- '~----~ Date: // D./E. "BLEU" WALLACE, DIRECTOR UTILITY AND FRANCHISE REGULATION APPROVED BY: ~HN M. DUNNUCK III7 INTERIM ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION AGEI~A i~ FEB 13 2001 EXECUTIVE SUMMARY PETITION VAC 00-022 TO VACATE, RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED 1N SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County in the above-described instruments conveying public road right of way. CONSIDERATIONS: Petition VAC 00-022 has been received by the Planning Services Department from Lance Miller, P.SM, from Wilson-Miller, Inc., as agent for the petitioner, GL. Homes of Naples Associates, L.T.D., requesting the vacation of various 30' wide road right of ways as referred to in the documents recorded in the Official RecOrds of Collier County, Florida as follows: OFFICIAL OFFICIAL OFFICIAL RECORDS PAGE RECORDS PAGE RECORDS PAGE 70 500 233 989 574 21 70 504 250 77 962 8 156 417 254 95 1022 306 157 246 257 434 1097 2181 180 61 280 180 1315 1522 208 757 280 182 2148 274 213 53 476 42 2572 3473 214 360 567 924 These 30' wide road right of ways are generally described in the documents as "... for all the usual purposes of ingress and egress and for possible future roadways, utilities and services for public use." The Petitioner has not found evidence to show that Collier County has formally accepted these road right of ways. Neither roads nor utilities have been constructed within these right of ways. Letters of no objection have been received from the Collier County Transportation Department and all other pertinent agencies. Zoning is P.U.D FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner, which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-022 to vacate the County's interest in the above- described 30' wide road right of ways; 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. FEB 1 3 2001 SHEET 1 OF 2 PREPARED BY: Rick Grigg, P.S.M. Planning Services Thomas E. Kuck, P.E. .Engineering Review Manager DATE: DATE: REVIEWED BY: ~ Robert Mulhere, AICP Planning Services Department Director DATE: John~MDunnuck, III, Interim Administrator Conttnunity Development & Environmental Services RESOLUTION NO. 2001- RESOLUTION FOR PETITION VAC 00-022 TO VACATE, RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTR~S IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 125.01(0, Florida Statutes, WilsonMiller, Inc, as agent for the 9 petit/oner, G.L Homes of Naples Associates, LTD, does hereby request the Board of County 10 Conumssioners to vacate, renounce and disclaim those alleged easements for Public Road Right of Ways 11 set forth below over and across portions of Section 28, Township 48 South, Range 26 East, Collier 12 County; and 13 14 WHEREAS, the alleged easements for public road right of way appear in Deeds recorded in the Public Records of Collier County, Florida at the following listed citations: OFFICI_AL OFFICIAL OFFICIAL RECORDS PAGE RECORDS PAGE RECORDS PAGE 15 180 208 213 214 ;and 70 500 233 989 574 21 70 504 250 77 962 8 156 417 254 95 1022 306 157 246 257 434 1097 2181 61 280 180 1315 1522 757 280 182 2148 274 53 476 42 2572 3473 360 567 924 16 WHEREAS, the granting of Peti~oner's reques~ will not adversely affect the ownership or right of 17 convement access of other property owners; and 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 19 OF COLLIER COUNTY, FLORIDA, that the County's easement interests, if any, over and across the 20 alleged 30 foot wide public road right of ways more particularly described in the above listed Deeds 21 incorporated as if set forth hereto, are hereby vacated, extinguished, renounced and disclaimed. 22 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 23 certified copy of this Resolution m the Official Records of Colher County, Florida. 24 This Resolution is adopted this ~ day of ,2001, aRer motion, second and 25 majority vote favoring same. 26 DATED: 27 ATTEST: 28 DWIGHT E. BROCK, Clerk 29 30 31 Deputy Clerk 32 33 34 Approved as to form and legal 36 37 38 e, Esq. 39 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chmmlan AGEh~)A ffEM rS,3 3 2001 Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDMSON PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS )ate Received: ~-W73~:~__.1~ ,~ ~.,~ ~-~::~E) Petition: x)~ ~- ~ 'etitioner (Owner): G.L. Homes of Naples Associates, LTD kddress: 1401 University Drive, Suite #200 2ity/State: Coral Springs, FL Telephone: (954) 753-1730 Zip Code: 33071 ~gent: WilsonMiller, Inc. kddress: 3200 Bailey Lane, Suite 200 2ity/State: Naples, FL Telephone:. (9.41) 649-4040 Zip Code: 34105 ~ocation of Subject Property: Immokalee Rd. - West and adjacent to Herit.age Greens .~..~ocation: Section: 28 Township: 48 S Range: 26 E afficial Record Book: NA Page(s): NA Current Zoning: PUD ~egal Description: See Attachments - Part of West % of Section 28 Does it affect density? No ~,eason for Request: Vacation of all easements hereby authorj,ze Agent~ove to represent me for this petition: [~es [] No ~;ignature o{~ l~titi~)~'er _ Date Print Name (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of mpportive materials which must accompany this petition, and deliver or mail to: (3) (4) List all other owners. Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, FL 34104 If applicant is a land trust, indicate the name of the beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and ma ior stockholders If applicant is a partnership, limited partnership or other business entity, indicated the name of pr: ac~palSC_,E~A ~XE!a A. ttachment "C" Page 4 of 4 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number , Date Post Date 230474 10/30/2000 9:43:28 AM i 10/30/2000 Payment Slip Nbr MS 7782O G. L. HOMES OF NAPLES ASSOCIATES New or Exist: N Payor · G. L HOMES Fee Information Fee Code 12TRVC Description i GL Account REVACCT/VAC EASEMENT-ROW r 10116361032910000000 Total Amount ~, Waived $1000.00 $1ooo.ool Payments Payment Code Account/Check Number Amount1 CHECK 1180 $1000.00 Memo: cHECK NO. 001180 VAC -00-022 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.001 Cashier/location: FROLOFF E / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l ~/30/2000 9:43:56 AM ~-,~o 13 2001 ( "4-? LOCATION MAP ,~--~IECT: RIGAS JC^NT: G.L. OF NAPLES ASSOCIATES, LTD. V~c PROJECT SITE SITE MAP ,ECT: RIGAS ICANT: G.L. OF NAPLES ASSOCIATES, LTD. NORTH LIllE S~C1~,i, ~. ] SLAND WALK 846) A .GE. NDA ITEJ~ FEB 13 2001 AC.,EhI~)A ITF_..NI FEB 1,~ 2001 14rd nMiller New Oirecgons /n Penning, Design & En~ineering May 22,2000 Mr. Ed Kant Collier County Transportation Department 3301 E. Tamiami Trail Admin. Bldg., 3'" Floor Naples, FI 34112 Subject: Rigas PUD m Easement Vacation Letter of No Objection Request RECEIVED WILSON MILLER JUN - 1 2000 FOLDER # Dear Mr. Kant: WilsonMiller, Inc. represents G. L. Homes of Naples and is applying to Collier County for vacation of all ingress, egress, utility, and right-of-way easements within the Rigas PUD boundary. In addition to the vacation, we are proposing to replace the easements as the land within the PUD is platted. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. I have enclosed a copy of a general location map and site plan of the Rigas PUD in addition to a detailed exhibit identifying the easements. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Sincerely, , j~o:h~.--~ ;¢ ~"',. --'-~ ' ' ' ua R. Evans, E.I. Project Engineer No Objection Authorization I have reviewed the enclosed materials and offer no objection to the vacation of all easements that Coll~ier C§,unty Tr~nsportat'~n Department has an interest within the 241.27 acre project as ~ on t{,~att he?~:.__~~dary survey from BBLS, which is the Rigas PUD boundary. /j,, --' ./ / ~ Enc. 24/~(i ,Signed and Sealed Bounda~ Su~ey 8.~ 11' Rigas PUD Bounda~ Su~ey 8.5" x 11" Location map 8.5" x 11" Site plan Naples 3200 Bailey Lane, $ufie 200 Fort Myers Sarasota Bradenton Tampa Naples, Florida 34 I05-8507 941-649-4040 ~ 941-645-5716 www. wilsonmiller. corn AGENDA ITEbl FEB 13 2001 P.._...Z./ May 22, 2000 Mr. John Boldt, Director Collier County Stormwater 3301 E. Tamiami Trail Bldg. H, 3'~ Floor Naples, FL 34112 WilspnMiller N~ Dire~or~ In f~anning, O~ign & Engin~ v/9¢_.... co RECEIVED WILSON MILLER MAY 3 1 2000 Subject: Rigas PUD -- Easement Vacation Letter of No Objection Request Dear Mr. Boldt: WilsonMiller, Inc. represents G. L. Homes of Naples and is applying to Collier Coun{y for vacation of all ingress, egress, utility, and right-of-way easements within the Rigas PUD boundary. In addition to the vacation, we are proposing to replace the easements as the land within the PUD is platted. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. I have enclosed a copy of a general location map and site plan of the Rigas PUD in addition to a detailed exhibit identifying the easements. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Sincerely, "Joshua R. Evans, E.I. Project Engineer NO Objection Authorization I have reviewed the enclosed materia',s and offer no objection to the vacation of a!l,4~asements that Collier County Stormwater has an interest within the 241.27 acre project as shown on the attached boundary survey from BBLS, which is the Rigas PUD boundary. Authored Ager{cy S~'~'~ature Enc. 24"x 36" Signed and Sealed Boundary Survey 8.5" x 11" Rigas PUD Boundary Survey 8.5" x 11" Location map 8.5"x 11" Site plan Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane. Suite 200 Naples, Florida 34105-8507 941-649-4040 ~ 941-643-571 wvvw. wilsonmiller. corn A -GEND, A ITE~ FEB 13 2001 JlrdsPnMiller New Oirm~ns In Pent. g, Design May 22,2000 Mr. John Houldswo~h Collier County Engineedng Dept. 2800 S. Horseshoe Drive Naples, FI 34104 Subject: Rigas PUD-- Easement Vacation Letter- of No Objection Request Dear Mr. Houldsworth: WilsonMiller, Inc. represents G. L. Homes of Naples and is applying to Collier County for vacation of all ingress, egress, utility, and right-of-way easements within the Rigas PUD boundary. In addition to the vacation, we are proposing to replace the easements as the land within the PUD is platted. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. I have enclosed a copy of a general location map and site plan of the Rigas PUD in addition to a detailed exhibit identifying the easements. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Sincerely, ua R. Evans, El. Project Engineer No Objection Authorization I have reviewed the enclosed materials and offer no objection to the vacation of all easements that Collier County Engineering Department has an interest within the 241.27 acre project as sh(~wnon the at!tached boundary su_rvey from BBLS, which is the Rigas PUD boundary. Authorized Agency Signature Enc. 24"x 36" Signed and Sealed Boundary Survey 8.5" x 11" Rigas PUD Boundary Survey 8.5" x 11" Location map 8.5"x 11" Site plan Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane. Suite200 Nap/es. Flonda 34105-8507 941-649-4040 ~ 941-643-5716 [~ Wl~A~. wilsonmiller. corn FEB 13 2001 COLLIER COUNTY GOVERNMENT RECEIVEI WILSON MILLER PUBLIC WORK~ DIVISION May 24, 2000 Joshua R. Evans, E. I. Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 3301 E. TAMIAMI TRIAL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 Re: Rigas PUD Dear Mr. Evans: This office has reviewed your request to vacate the above-referenced Rigas PUD. 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, Diane Deoss Engineering Technician II cc: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development \\itmain\pw-operation\cindy\esmt vacation\rigas pud (immokalee rd).doc FEB 13 2001 Collier County Sheriff's Office 3301 Tamiami Trail East Building 'J" Naples, FL 34112 Telephone (AC 941) 774-4434 May 26, 2000 RECEIVEC WILSONMILLER MAY 31 2000 Mr. Joshua R. Evans, E.I. Wilson Miller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Petition to vacate easements for future replacement when the land is platted within the Rigas PUD Dear Mr. Evans: Staff has reviewed your request for a letter of"No Objection" for the above described project. The vacation is as described in your letter of May 22, 2000 listed above, involving the vacation of all ingress, egress, utility, and right-of-way easements for future replacement when the !and is platted. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the Agency can be of any further service, please advise. Sincerely, DH:GY:mc CC: File FEB !3 2001 Sprint F ECEIVED W~LSON MILLER ~x 2469 Naples, Florida 34106-2469 June 19, 2000 Mr. Joshua R. Evans WilsonMiller 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 R~: Rigas PUD - Vacation of Easement Dear Mr. Evans: In response to your letter dated May 22, 2000, regarding the vacation of all ingress, egress and right-of-way easements within the Rigas PUD, this is to advise to advise that Sprint-Florida, Inc. has no objection to the abandonment of said easements. If we can provide additional information, please contact me at 263-6216. Sincerely, Network Engineer II - E&C AHZ/jw 2001 WilsOnMiller New Direcffons In P~nnino, Des~n & En~ine~fng May 22, 2000 Mr. Dick Foley Florida Power and Light Co. 264:30 Old U.S. 41 Bonita Springs, FI 34135 Subject: Rigas PUD-- Easement Vacation Letter of No Objection Request Dear Mr. Foley: WilsonMiller, Inc. represents G. L. Homes of Naples and is applying to Collier County for vacation of all ingress, egress, utility, and right-of-way easements within the Rigas PUD boundary. In addition to the vacation, we are proposing to replace the easements as the land within the PUD is platted. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. I have enclosed a copy of a general location map and site plan of the Rigas PUD in addition to a detailed exhibit identifying the easements. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Sincerely, Joshua R. Evans, E.I. Project Engineer No Objection Authorization (once all FPL faci]ities are I have reviewed the enclosed materials and offer no objection to the vacation of all easements that FLorida Power and Light Co. has an interest within the 241.27 acre project as shown on the attached boundary survey from BBLS, which is the Rigas PUD boundary. Authorized Agency SignatuFe remov~ Enc. 24"x 36" Signed and Sealed Boundary Survey 8.5" x 11" Rigas PUD Boundary Survey 8.5" x 11" Location map 8.5" x 11" Site plan Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite200 Naples, Florida34105-8507 941-649-4040 ~ 941-643-5716 ~ w~. wilsonmiller. corn FEB 13 2001 Wilso'nMiller New Directions In P~nning, Design & Engineering RECEi :ED WtLSONML ER := May *'2000 Mr. S ,tt Miller Medi ::)ne 268~ Old U.S. 41 Bony Springs, FI 34135 SU~ :t: Rigas PUD-- Easement Vacation Letter of No Objection Request WilsonMiller, Inc. represents G. L. Homes of Naples and is applying to Collier County for vacation of all ingress, egress, utility, and right-of-way easements within the Rigas PUD boundary. In addition to the vacation, we are proposing to replace the easements as the land within the PUD is platted. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. I have enclosed a copy of a general location map and site plan of the Rigas PUD in addition to a det~,iled exhibit identifying the easements. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Sincerely, Joshua R. Evans, Project Engineer No Objection Authorization I have reviewed the enclosed materials and offer no objection to the vacation of aii easements that Media One has an interest within the 241.27 acre project as shown on the attached boundar~ survey from BBLS, which is the Rigas PUD boundary. Authorized Agency Signature Enc. 24"x 36" Signed and Sealed Boundary Survey 8.5" x 11" Rigas PUD Boundary Survey 8.5" x 11" Location map 8.5" x 11" Site plan Naples Fort Myers Sarasota Bradenton Tampa 3200 Barley Lane, Suite200 Naples, Flonda 34105-8507 941-649-4040 ~ 941-645-5716 ~. wilsonmiller. coin AGENDA ITF..~ FEB !3 2001 .~:ade this / day of July . ..I !:~clwec!l $~,ECO HOL3IRS COP~ORATION ~: corporation e~stin~ under the l~u.s of the State of Floria~ "~ hc~.i.~ its .,rineip~ l,l,~ce of businez., in the (Yo~nty of Browar4 ,'r,:t. &f 71orXda party of the first p~:rt. and .LEXAND~R DeFILIP7IS and ALFRED OeFILiPPIS, I ~mrble H~11 Avenue, City of Now York of the C, unt~ of o~ State of New York part tesof the $eeo~ ~;iln~lh, rh~t the .,~id ~rty o/t~efir~t par~./o~ the .,us o/$10.~ and other ~ood and valuablo con$ldoratton to it in ~d p~, the receipt w~ereo/ i$ herebp ock~o,'lol~ed. ~in~, ~old. alienS. remi~. re/~a~, conveyed and preaent~ ,loth ~mnt, ~r~ain, ~eil, ~i$n. re~$e, re2e~e. conreg ~l c,,nllrm tAc aaid ~r~le$ o/the $eco~ part, a~ t. helr · /orev'er, ~11 that certain ~rcel of la~ !Rin~ sad bdn~ i~ the Collier and .Rtate o/ ~o~a, more pnrticub~d~ The E 1/2 of the E~ 1/~ of Lhe BE 1/~ of Lhc of Section 28, Townahip G8 S~uL.h, Rq~o 26 ~, oxeop~g Lnoae oiz and mineral righL.~ previously re~erved, ~d to the resetarian of rl~ of way easement !n, upon ~d ~der the $au~erly 30 fe~t of demcrlbed premises for all ~e us~l ~-~ae$ of i~eme ~d e~ess ~d for ~aaible fut,~re ~adw~s. utllX~lea ~d ae~leea for ~bllc u~e. eve~ pnlale~e, n~ht, t~tle, interest. ~ estate, reversion, re.*~inder thereto belon~i~ or i~ a~u~$e a~pertaini~: To itave and to 11ohl the some in fee simple /.rover. .tnd the tam party of the first ~rt doth covenant udth the anid ~rt the .*econd part that it is lawfully tei:d of the $aid premises: thnt of all incdmbrance$, and that it hat ~ d~ht n~ lau~ul anthaSty to tame; aM the sam ~rty ol ~e ~rtt part do~ hereby f~y ~rrang th~ ti~e '"'~"'l~'d, and will defend the same a~ain$t the lawful clai~ of ~l p~r$o~$ ' In Witness Whcr f, ~ut~ these presents ~ b* si~n~ in its ~m~ hg its Pr~id~nt, · - ' and its eorpora~ s~ to b$ a~, att~t~ bg its Suerotary ' l~porate thz dog and ~r above Pre~d~nt. ' / 2001 EXECUTIVE SUMMARY PETITION CARNY-2001-AR #306, SANDRA RAMOS, OF THE COLLIER COUNTY IMMOKALEE PARKS AND RECREATION DEPARTMENT, REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM FEBRUARY 15 THROUGH 18, 2001, ON THE PROPERTY ADJACENT TO THE IMMOKALEE AIRPORT PARK, 520 AIRWAYS ROAD. OBJECTIVE: Sandra Ramos, of the Collier County Immokalee Parks and Recreation Department, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from February 15 through 18, 2001, on the property adjacent to the Immokalee Airport Park, 520 Airways Road. The applicant is requesting waivers of the application fee and surety bond. CONSIDERATIONS: Sandra Ramos, of the Collier County Immokalee Parks and Recreation Department has made application to the Board of County Commissioners for a permit to conduct their annual carnival. The Collier County Immokalee Parks and Recreation Department has presented evidence that all the criteria has been met for the issuance of this permit. Staff supports the waivers of the application fee and surety bond, as there have been no previous problems related to clean up of the site after the carnival. FISCAL IMPACT: The applicant has signed a contract with Collier County Waste Management to dispose of the refuge, garbage and debris during and after the carnival. The County holds no liability for this event. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: TJrat~e Board of County Commissioners approve the permit to conduct the annual Collier County Immokalee Parks and ?Recr. e'ation Dep, artment carnival, and waives the application fee and the surety bond. , c>,[. ,.-'/O ( .... RO't~.LD F.~l~l~/bT~CP DATE CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR DATE APPRO_VED ~ /~ JOHN M.~UNNUCk; iII INTERIM~MINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Immokalee Parks and Recreation Ex Summ ^GE A iTm ' FEB 13 2001 P e rmat N'o. PERMIT FOR CARFNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, the Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County., Florida, for a permit to conduct a carnival from Febmar3,' 15 through February 18, 2001: and WHEREAS. the Collier Count' Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a pertrot to conduct a carnival as set forth in Chapter 10, Article Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS. the Collier County. Parks and Recreation Department, has requested a waiver of the. Surety. Bond: NOW, THEREFORE, THIS PERMIT 1S HEREBY GRANTED TO the Collier County Parks and Recreation Department, to conduct a carnival from February 15 through February. 18, 2001, in accordance with the terms and condmons set forth in the petitioner's application and all related documents, artached hereto and mcorporated herein for the following described properly.: (See attached Exhibit "A") The request for waiver of Surety Bond 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 COL.~TY, FLORIDA: Approved as to Form and Legal Sufficiency: Marjone~lA, Student Assistant County Attorney g/admin/Camy-2001 -A.R. #306/RN/im JAMES D. CARTER, PhD,, CHAIR.MAN AGENDA ITEM FEB 1 3 2001 TO:64B6968 ADDRESSING CI~ECKI~T Please complete the following. Not all it~ns will applY. 1~0...~very proiect Items in bold ty~e ar~ reauir~. .~Legal description of subject property or proportie~ (copy oflenKthy de.~cription may b~ att~ ~. Folio (Property ID) number(s) of above (attach to, or assoo'mtc with, legal description if more ~h=,~ one) .~S~t address or addresses (as applicable, if~y ~~) Lo~tion map, aho~g ~t 1o~on ofpmj~te ~ re,on ~ n~t pubhc road fi~-of-~ (atmch) ~py of s~ ~ED O~Y FOR ~~~ PROP~S) P~po~d p~j~t n~e (~ ~pH~le) ~rop'o~eet n~ (if apphc~le) '7. ~4t, Site Development Plan Number (FOR EXISTING PROIH~-'TS/SITES ONLY'} SDP ~. Petition T~e (~c~ w~ch is ~c~le): SDP (Si~ 'D~el~m~ P~) SDPA (SDP ~~t) ~ SDPI (SDP ln~~ ~e) ~ S~ (Site ~v~t Ply) ~n~la ~ Us~ P~fion ~ce, Co~fio~ Us~, Boa Dock Ext~, ~.) Bl~ng P~t ~t~way P~ ~ Cl~n~ege~on R~ov~ P~t Excav~on P~t ~10. ~j~t or d~elopm~t n~ p~ f~, or ~y ~e~g i~ ~~ doc~ [ff ~plicable; ~c~e wh~ pr~os~ ~ ~~ Applicant name_ ~/-~, ~'~_~"rrl'/~; ~' _ Fax ~"c{q~-/a57-_~1;25 /FOR. STAFF USE ONLY Address Numb .e.r :'~) ,~ '\ \~, Exhibit "A" illl/0l 1 3 2001 TO: 64~6968 P: 3 ~' ~6 zonin~ Dl~c~o~ Petitioaer (2) County Hana~e~ PETITIONER'S NAME: LEGAL DESCRIPTION OF SUBJECT PROPERTY: GENERAL LOCATION: "i-' ..... CURRENT ZONING: CURRENT USE: ..~ATURE OF PETITION: THE FOLT~DWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) 3.a. ~ 3.,.1) ~/ 3...4) ~/ 3.e.7) 3.b. %/ 3.e.2) ~ 3.e.5) \ 3.e.8) ( FOR EXPLANA- ¥. Comments: S~GNXTURE ~F ~ETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: $IGNA~FREOF COUN~Y~AG~ AG'"----'--"~F~A ITF.,M FEB 13 2001 Pg.~ ~PONSOR N~IFIC~TION ~ FOR T~O~y Address of event T0:64~6968 P:4x~6 Date(s) O~ event ~_~c~ta~ '1-~.-]3 I ~ddress of Sponsor ~00 ~ Person in charge of fo~ se~ice Number of food and beverage booth~ Estimated number of attenders expected at the event at one time?_~ Number of toilets to be provided: Portable: Male ( ~ ) Permanent: Male ( ) Method of toilet waste disposal: Zema 1 e Female Describe method of liquid kitchen waste dispos91: Describe containers and method of solid waste disposa. 1 (garbage): Number of solid waste disposal containers provided: Describe facilities and method of hand washing: - ao %a Describe facilities and method of utensil washing, rinsing and sanitiz ing: ~',~ O~ ~or~, ',~ Source of p~table water: For information and assistance conta=t: Environmental Health & Engineering Department .(813) 643-8499. FEB 13 2001 JAN-~6-~001 07: PiP FROM: CCPR 94165751E5 T0:6456968 P: 5x~6 As the sponsor of this event you are responsible to noti£y all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons.. Do you understand t~is completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. ~ignature of sponsor's agent Date:_ .~//05/~ A GE.~A ITEId FEB 13 21101 $AN-26-~1 07: ~P ~OM: CC~R 94165751~5 TO: 64~6968 P: ~'~ Name of booth: Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-l] requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. LoCation of advanced food preparation: How wi~ food be transported to event location? \ Method of keeping food hot and/or cold at event site: Method of cooking food N/^ at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection?, Describ~ type of structure: -~-~\~- ,,,,.~-'~'X"~.~,~'il-~,-,'>u,..{',~,~.' ~/A Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this2 For Information and Assistance contact: Enviconmental Health & Engineerin9 Dept - (813} 643--849! AGE~A ITEM FEB 13 2001 .0292 Temporary Food Service X~/c~on of Ch~ event, Notification may be com~lece~ orally, by Celeph~ne, pot·on, o= in wcitinq. ~ se~v~cl evincl a~ shall provide ~a~l be co~ucC~ (a) If the f~ se~lce o~ation i~ lnCe~ tot the sa~e of on~y pack4~~, ~on-~cenclally ~aza~dou~ ~ ~ OaC~M~M sha~l ~l pc~cecc~ [tom duscr,' pcovid~ ~o~ tel ~eQ ~cencla~y hazardoul :o~ is predate, 4C te~,/acy C~ service evenc~ of structure where the ~ pc~patacion occur· at temoo£a~ food ~o£vice event~ Iha~ ~e f:pm.appco~.souccel 1~ accordance with ~a~cer oc p£epa.c_ed ~n pteml·e·. ~4! AJ, L f~od served at ee~c&ry ~ood secYLce eYenCJ shall be ·rotecreel In accordance with ecoviaions o~ section 100- ~.$J r-~pG and Co·d-contact suc(ace~ shall ~e protected teem con:aminaclon by culeoMc~ and du~e. ~e ocovLdecf. {&! ~c~ which vlil ~ consummd oc ~hi._o~d, cruah~ Or cue~d teem. Th~ ice 2O Events · hall ~ ~eJd in a way thac pepcecos it fc~B concamlnatlon until d~wpefkeed. , I~) ~tor&qe o[ packaged ~ood Ln · cace~ ~h digerr contact with 1cm. ~vecaq( ~onCaineg~ my~ :tor~ i~ airoct ~nta~ ~Lch ice ~en: J~} ~e ~O~aqe ~acllicy iJ the aC~aC~ o~ v~Ce~ dMEX~ ~e; ~i! When all necessary so.ice establiz~t~ a ylll not ~ ~lr~, ezc~c thatt an 3etvi~ ute~iXI age ~n:aln~ in the ~c~ ~ch p~e~re t~ on pce~e~ sha~ provide vanYea. ~p a~ si~l~se~lce c~els shall be avallab~e for ha~ash~nq a~ ha~ dcvtnq. in ~uch a ~r that Che e~tabi/s~nC can contaminated. JlZ) Liquid vasCe v~,i~h la n~ A~A FEB 13 2001 Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 .~/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 surety bond in the penal sum of 62,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. ~,,v,...r,~,' 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 one incident. ~/ A non-refundable fee __$1250.00. A current occupational license issued by the Collier County Tax Collector, and {)~ Including the following information: 1)" The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or . ~ \ . e.~ibition company (ies); ~~ ~ ~ F\%~ ',~ ~)~ A description of the evers'actiVity to be conducted such as but' no--~ limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; .~_,~_% P N~me, identification and social security number of each person' a~_~coun~o~--~_~ operation of each activity; ~,~,-~c~ 4~A de cs riptio_9~and sketch of the site showing the location of each ~roposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; ~ 0~ ,~ ~¥,r,¥~,~ ~ ~ 5~ A~atln~ ~or Food Establishment Operating Permlt~,%~ from the County, Health Department as required by Ordinance 74-45· _ \S4~¥.a~,~ ~. The plan for refuse, garbage, debris, and sewage~_~~ disposal du~in~ and after operation of the circu~ or exhibition. ~ ,,~,~joj~t~'~ r~c7a~JtioP~Osvisions for traffic control, fire safety~ .'~t(,'~ ~ .~hu F~. ~))The date and time each activity is to be conducted and 15 '~6':¥~xe~:l ~ Written.approval from the owner of the property authorizing"tj~/use of hzs premises for such carnival activity. ~x$',¥ ~e~ 0~ Legal description of property to be utilized. CARNIVAL PETITION APPLICATION rs FEB 13 2001 JAN-~6-~001 07:~4P FROM:CCPR 941~5751E~5 TO: 64~6968 COLLIER COUNTY DEPARTMENT OF PUBLIC SERVI.C,ES PARKS AND RECREATION DEPARTMENT COLLI~R COUNTY PARKS ~ REC'RF~TION ADMINISTRATION EAST 310 ALACHUA STREET IMMOKALEE, FLORIDA 34142 (941) 657-5126 (941) 657-1447 FAX (941) 657-5125 A CERTIFIED BLUE CHIP COMMUNITY To~ From: Date: Re: Collier County Board of County Commissioners Annie Pappalardo 01/24/01 Carnival Permit The Parks and Recreation Department request the following fees waived for the Spring Carnival on February 15 - 18, 2001 from 12:00 P.M. - 11:00 P.M.: Surety Bond $ 2,500.00 Permit Fee $ 250.00 · Page 1 13 2001 JAN-26-~001 07:24P FROM:CCPR ~1657512S TO: 64B6968 P: 10 x 26 TEh:727 ~67 1407 P. 002 CmrtiFicatm Number: CERTIFICATE QF II~URANC~ This ca~%i~icate nm£thm? af~ivmativel~ ~or nega~ive~g imendst extends the coverage a~erded bg.~he Eelleg(lee) ~eocrioed herman one is.iseuee as matter of $nPormetian ann confers no righ~ upon the holder. The polecutlas) identified below bg e pDXI~u n~mbm? is in PDTC~ o~ the da~e cryarmies for mhtch a specific limt~ of limbiliaU hie been e~eared and Is suejeer to all teems of the pollc~ raving ra~era~ce thereto, Nothing hermit c~n~ained shall n, odi~M anu provision oF laid police, Inl~he event nf cancellation of the po~icU, the c#~pang.ieluing laidepolicg ~i make all reasonable ef~o~t to sane Notice of cenceL~a~io~ to th certificate holder at the addre s shown he~min~ but the. Companu Illumes no re,possibilities fo~ anu mistak~ or failure to give such notice. An~ insurance made a part of the aolic~ includme is a person insured math r~pec~ to an occurrence takln§ place at a Carnivals site, (1) the F¢.ir or eehibition association, apenearing organization o~ committee (~) o~ne~ or lessee there of (3) a municipality granting the. Na~ed Insured 0armisaiah to operate a(nl Carnivals, but ~n~ ~t reappcts Oodilu ~njur~ o~ propelto damage caused bU AT contributed t~ oU the negligence Named Insure~ mhi~e acting in the course and scope of ~Reir emp~egment. NAPEE ~ ~DRE~U~ OF Tolve Pre$e~ta:ioni, I~c. 8&~8 constitution Drive N~a~E & /142D4~EBS OF CERTIFICATE HOLDER: collier Par~s b Rec~iation Dept. d14)DITZ[JNdtd_ ~NISURED: Collier Parks ~ Recreation Dept. DATr~: 0~/01/01 tO ~Olilpan~: ~.H.~. Xnsur~nce ompan~ Policu Number: MOM?4905 ~IABI~TY LIMIT~ BI/PDOCC: Palleg period: ~l,000,000 04/1~/00 ~odilg_ln~urg & ~odilu ln~urg & ~opm?~ uamage ff~opertU uamagm OO/00/O0 0O/oo/oo O0/00/OO OO/OO/OO COMBINED BINOLE LIMIT CoverAge ~homn hi. rein applies qnl~ to those ituma scheduled on aT endorsed the po~lc . Thim clrt~f$cate is not valid unZess In o~tEtnMl Signature appears belem. ~ I~l I tcr~ ~1%Cr%lAI ~ IklQI IOAklDC lid(". ,~,V~L~t::I'~ UUUNTY OCCUPATIONAL MCENSE TAX LOC. AT~,~ '269 ORIENT WAY ZONED: LYNDHURST. NE%t ~r,~l.T¥ o00 TI:I FEE , O0 COLL. FE~ . O0 P~rv uc. . O0 · O0 TOTAL 3, O0. O0 CLASSifiCATiON CIRCUS, CAR~IVAL~ .-~ID_~ TRAVELING SHOW,CARNXV~LS 01800001 COUNT 6940IIVlH353~ ~]o£ SEE REVERSE SIDE BU-~JNE~B NAME AND TOL. VI. JOH~ ~ o7o7x ,~ ~A~ ..... UCEN~E ~MBER ~ ,0~00 JAN-~6-~001 07:~5P FROM:CCPR 94165~51~5 T0:64~6968 P:l~6 3.e t) CARNIVAL COMPANY NAME ~t ADDRESS Tolve Presentation, inc. 269 Orient Way, Lindhurst, New Jersey 07071 LOCAL SPONSORING ORGANIZATION Co[[ier County Parks ~ Recreation Department 310 Atachua Street, !mmokatee, FL 34142 LOCAL Torre Presentations, Inc. Steven Totve 8628 Constitution DHve, ... Hom~es_te_ad, FL 33034 NAME Ft ADDRESS OF CARNIVAL REPRESENTATIVE A~A ~TEId FEB 13 2001 JAN-~6-~001 07:~6P FROM:CCPR 94165~51~5 TO:64~G968 P:13~6 CARNIVAL DESCRIPTION OFACTIVmES I. Merry-Go-Round - ride- 2. Scrambler 3. Elephant Tower- ride (children) 14. l~ound Up - spinning ride 5. Ferns Wheel - ride 6. Slide 7. Pitch Games - break the bottles - balloon bust - basketball shoot - fish 8. Bumper Cars - Ride of scars. 9. Swing - (children & adult) 10. Roller Ride 11. Flying Dod 12. Sky Diver 13. TeaCups 14. Picture Trailer 15. ~Food Trailers - poptom, hotdc~'g, hamburgers, 'soda, water - cotton candy, funnel cake, sausage + pepper, cheese steak, pizza GAMES Break A Bottle, Milk Can, Balloon Dart, Duck Pond, Water Gun, Cross Bow, B.B. Gun, Basket Bay FEB 1 3 200! H~-~b-~lOT:~6P FROM:CCPR 94165951E~5 TO:G4~G968 P:14x~6 3.e 3) NAME rt SOCIAL SECURITY NUMBERS OF .PERSONS ACCOUNTABLE Steven Tolve s.s. # 135-60-2350 Peter Wrobteskis.s. # 147-74-2420 * The services of persons accountable for the operation of each activity are contracted. ^~A ~.TEM FEB 13 2001 ~x x~xxx xX xx xxx xx~xx~ ~xxx~ ~C"~xxxxx x:~ xx~.~ Xx~xixx Xx~x xxxx TOLV~! PRESENTATIONS PAGE ID3 Merle_of I(.M~ing ~ hot mnd/o~' cold ~ event site: _ FCM~I m~r~t ~ protected fram dust. ble~-~. flies. coughs, sneezes How will AGENDA I'IF...~ FEB 13 2001 JAN-26-2001 07:28P FROM:CCPR ~165~'~125 ~ 81/01/1994 20:31 2019335857 DO yQU Ul'~dMlt~ ~ c~nl~etely? Ye~ ~ NO ,. _ ~ AG~!~A ITEM FEB 13 2001 ~ NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event ~Q)x,~-4n~x ~JOU?'n~<vn ~ Address of event I~_~.~__¢_~0_o.~--¥ ['~_o,~.~\e.,vo,?~; ~~~¢,F~ ~l~o Date(s) of event ~~r4 t~. ~Ot - _ Hours of operation.. J~o,~, - I0'.6o ~. Sponsor of event ~t~ C.~l~ ~~ ~ ~cr~o~ Phone (_.%~ ~q~ -~ Number of food and beverage booths ~ Estimated number of attenders expected at the event at one time? I Number of toilets to be provided: Portable: Male ( ~ ) Permanent: Male ( t ) Method of toilet waste disposal: Female (L~) Female ( I ) Describe method of liquid kitchen waste dis,posal: Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: .. Describe facilities and method of handwashing: ,%', ~", n,--,~ ~\~. Describe facilities and method of utensil washing, rinsing and sanitizing: ~ nY~.~ n~ct ~,.~o.,o ;,~ -Ven,~ Source of potable water: AC..~cNDA ITEM FEB 13 2001 ............... ~lcJ T0:6436968 ].e 6) PLAN FOR REFUSE, GARBAGE, DEBRIS, ~ SEWAGE DISPOSAL DURING ~ AF'TE- R OPERATION OF CARNIVAL Refuge, garbage, and debris-will be discarded in 55 containers with liners and taken to waste management durin~ and after operation to be disposed .of properly. Sewage disposal will be disposed of by port-aotet company, see attached. AGENDA ITEM FEB 13 2001 UHM-~b-~i 07:29P FROM:CCPR 94165T5125 T0:6436968 P:19~26 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' / may subject the booths to be closed fo~ealth reason. Do you understand this completely? Yes No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Signature of sponsor's agent AGENDA ITEM FEB 13 2001 JH~-~-~i ~:J~ r~UM:CC~ 94165751e5 T0:64~9G8 P:25x2~ COLLIER COUNTY AIRPORT AUTHORITY 2800 N. Horseshoe Drive Naples, FL 34104 (941) 643-8326 Fax (941) 643-8329 A Certified Blue Chip Communily January 26, 2001 Collier County Parks and Recreation Attn: Sandra Ramos 310 Alachua Street Immokalee, FL 34142 Dear Sandra: Your request to lease the property on the Southwest portion of the airport for the recreation spring carnival from February ! 5t~ through the 18th is approved. Furthermore, we realize that you will also need several days before and after for setup and disassembling of tents and rides. If you have any questions please call me at 657-9003. Sincerely, John'W Kirchner Airport Manager Marco Island Executive Airpot! 2003 Mainsail Drive Naples, FL 34114 (,941) 394-3355 (941) 394-3515 Fax [~mmokalea Regional Airport 165 Airport Boulevard Immokalee, FL 34120 (941 ) 657-g003 (941) 657.9191 Fax AGF~A ITEM FEB 13 2(101 Everglades Airpark RO. Box 689 650 E.C. Airpark Road Everglades City, FL 34129 (941 ) 695~2778 (941) 695-3558 Fax 01/28/01 13:48 FAX 9416436968 COLLIER CO COMMUNITY DEV ~001 ERROR TX REPORT TX FUNCTION WAS NOT COMPLETED TX/RX NO 3619 CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME 01/28 13:47 USAGE T 00'00 PGS. SENT 0 RESULT NG 6438329 g018 BUSY/NO SIGNAL JAN-86-8001 07:32P FROM:CCPR g41657S1BS T0:6456968 P:25/26 COLLIER COUNTY AIRPORT AUTHORITY ,g~ 2800 N. Horseshoe Drive (941) 643-8326 Naples, FL 34104 Fax (941) 643-8329 A Carlifted Blue Chip Communl~ Ianuary 26, 2001 Collier County Parks and Recreation Attn: Sandra Kamos 310 Alachua Street Immekalee, FL 34142 Dear Sandra: Your request to lease the property on the Southwest portion of the airport for the recreation spring c~nival from February 15m through the 18th is approved. Furthermore, we realize that you will also need several days before and after for setup and disassembling of tents and rides. If you have any questions please call me at 657-9003. Sincerely, Joh~i'W Kirchner Airport Manager A~A ITEM - FED 13 2001 JAN-~6~~001 OT: 50P FRDM: CCPR 94165]'5185 TO: 64~6~68 BACK UP FOR PHO~D ~ PORT-A-LET O~E~ ~TH J.W. C~T DA~: ~~ PLACING PORT*A-LET ORDERS WITH J.W. CRAFT Call 7754245 to place verbal order. After calling in order FAX backup order to 643-3281 Our account is listed as Parks and Recreation Refer to Purchase Order The biI1 to should read: Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 If this is for a special event, it must be specified at time of placing order. Special Event Units are $20/unit per day. Monthly units are cleaned 2 times/week at $1.45/day/unit at Naples & Marco. Monthly units are cleaned 2 times/week at $1.47/day/unit at Camestown, Immokalee and Everglades. ,Specify how many male, female & handicapped units. [Ivl q [F L~ J [H ~ DATE SERVICE TO START APPROXIMATE DATE SERVICE TO END OR DAY(S) OF'SPECIAL EVENT I¼, g, ool If special event is more than one day, how many times is cleaning needed'?. SPECIAL EVENT NAME -~/3r";r',m CO~y'~vCI~./F2)\QC~._, ¥- j SERVICE ADDRESS (Be able to give directions to site and location where port-a-lets are to be placed)..' m oKc /ee,. (Site) (Site Address) (City & Zip) CONTACT PERSON ON SITE ,~O}(~](i~-ckq~rI_enr]~ BEEPER OR PHONE # ~qGI- Parks and Recreation Administration Office 353-0404 Kay Hutnan. After placing order, turn in completed form to Kay in Parks & Recreation office. (wp gw 9-12-97 G;XFiscal OIT~ce\FormsNPon-a-let Orders) ACaENOA ITEM FEB 13 2001 J~-~-du~i ~:31P FROM:CCPR 94165~5125 TO:G4~6968 P:22/26 Collier County Sheriff's Office 3301 Tamiami Trail East Building 'J" Naples. FL 34112 Telephone (AC 941) 774-4434 Janua~ 11, 2001 Ms. S~mdra Ramos ]J33~o~ee CommtzaRy Park 321 N. 1'~ St ~o~, ~ 341~2 ~ This letter is to confirm that I have had the Ol:~ortunity to review the proposed plan for the upcoming carnival event scheduled for February 1~200~ through Februar~ 2001. In reviewing the plan, I anticipate no major law enforcement problems. I am ixoviding extra paisols to assist with traffic and the flow of participams If any problems should arise we will resolve them at that time. If any additional information is needed please advise. Lt. Tony Martindale CoRi.~r Coanty Shcfiff's Office Immokalee Substation Commander KAM/vg FEB 13 2001 I1V[MOKALEE FIRE CONTROL DISTRICT NEW M.AI~T ROAD, IIHMOYOkI~F~ FLORIDA ~4142 January 26, 2001 Sandra Ramos lmmokale~ Parks and Recreation 321 N. 1st St. Immokalee, Fl. 34142 Dear Sandra Ramos, The Immokalee Fire Con~'oi Dist. will provide fire protection and inspections for the carnival you are planning in February. Please provide lite date and time that the state ride inspector is scheduled for. Wh~m planning the layout, keep in mind that the fire trucks need acc.~ss. Provide at least 24' fire lane around the midway. Fire extinguishers will be needed per NFPA 10. Fire extingui~ers shall be inspected and tagged as required. If you should have any questions, feel free to call me at 657-2700. Fire Inspector GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 65%2700 FAX (941) 657-948 AGFJ~A ITEM FEF 13 2001 EXECUTIVE SUMMARY PETITION CARNY-2001-AR #298, MR. KEN ELLIS, EXECUTIVE DIRECTOR OF THE GOLDEN GATE AREA CHAMBER OF COMMERCE, REQUESTING PERMIT TO CONDUCT A CARNIVAL FROM FEBRUARY 23, 24 AND 25, 2001, AT THE GOLDEN GATE COMMUNITY CENTER, 4701 GOLDEN GATE PARKWAY. OBJECTIVE: The Golden Gate Area Chamber of Commerce, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from February 23, 24 and 25, 2001, at the Golden Gate Community Center, 4701 Golden Gate Parkway. The applicant is requesting a waiver of the surety bond. CONSIDERATIONS: The Golden Gate Area Chamber of Commerce has made application to the Board of County Commissioners for a permit to conduct their annual carnival. The Golden Gate Area Chamber of Commerce has presented evidence that all the criteria has been met for the issuance of this permit. Staff supports the waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the carnival. FISCAL IMPACT: The applicant has paid the required $275.00 carnival permit fee. The applicant has signed an agreement with the Collier County Real Property Division for clean up costs, if the Golden Gate Area Chamber of Commerce fails to restore the site back to its original condition. The County holds no liability for this event. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: ,~aat the Board of County Commissioners approve the permit to conduct the annual Golden Gate Area Chamber of ~mmerce carnival, and waive the surety bond. ffOkf~-P.'~f~(~ AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: PLANNING SERVICES DIRECTOR DATE APPROVED BY: INTERIiV/~ ADMINISTRATOR COMNIUNITY DEV. AND ENVIRONMENTAL SVCS. Golden Gate Area Chamber of Commerce Ex Summ 1 DATE FEB 13 PERMIT FOR CARNIVAL EXHIBITION Permit No. STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Ken Ellis, Executive Director of the Golden Gate Area Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Ken Ellis, Executive Director of the Golden Gate Area Chamber of Commerce, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Ken Ellis, Executive Director of the Golden Gate Area Chamber of Commerce, has requested a waiver of the Surety Bond', NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Ken Ellis, Executive Director of the Golden Gate Area Chamber of Commerce, to conduct a carnival on February 23, 24 and 25, 2001, in 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 properly: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Coun~ m and for said County this . day of ., 2001. ATI'EST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, Clerk ' COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Marjon~vl. Student ' Assistant County Atlomey g/mdmin/Carny-2001-A.R. #298/RIq/im JAMES D. CARTER, PhD., CHAIRMAN FEB13 2001 %DDRESSING CHECKLIST )lease complete the following. Not all items will apply to eve~ project. Items in bold Wpe are required. l. Legal description of subject property or properties (copy of lengthy description may be attached) Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. Street address .or addresses (as app!jcable, if.~dreatly assigned) }. 3. Location map, showing exact location ofpr6ject/site in relation to near~f"public road right-of-way (attach) 5. Copy of. survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) · ~ 5. Proposed project name (if applicable) 7. Proposed street names (if applicable) g. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP - 7. Petition Type (indicate which is applicable): SDP (Site Development Plan) SDPA (SDP Amendment) .. SDPI (SDP Insubstantial Change) SIP (Site Improvement Plan) SIPA (SIP Amendment) Construction-Plans/Plat Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc.) Street Name Change (SNR) Blasting Permit Right-of-way Permit Clearing/Vegetation Removal Permit Excavation Permit -'~ Other (Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Applicant name Phone Fax FOR STAFF USE ONLY Address Num~--.~~ ~,"-~.~ /] t0 Approved byL oJ.~,.~I~-4.~K._ ~// Date ---- Exhibit "A" 1/11/01 FEB 13 2001 Golden Gate Area Chamber of Commerce January 29, 2001 3847 Tollgate Blvd. Naples, Florida 34114 (94 ! ) 455-31 O0 Cecilia Martin Planning Services Dept. Collier County Government 2800 North Horseshoe Dr. Naples, FL 34104 The Golden Gate Festival is scheduled for February 23-24-25, 2001, on and adjacent to the Community Center in Golden Gate. This Festival will be open to the public from 5:00 P.M. until 11:00 P.M., Friday, February 23'a; 11:00 A.M. to 11:00 P.M. on Saturday, February 24*; 12:00 Noon until 9:00 P.M. Sunday, February 25*. - ? The Festival will be held on the area shown on the accompanying drawing, using a small portion of the Community Center property, and the section of Lucerne Rd. that is marked. Lucerne will be closed. Note also, that a fire lane and emergency vehicle lane has been provided for. The carnival operator is Tolve Presentation, Inc., 269 Orient Way, Lyndhurst, NJ 07071. This company has handled rides and games for the Festival for many years. Other activities, such as food vendors and booths by local area businesses will also be in the area along Lucerne Rd. Your request for names and social security numbers is hard to fill. Mostly it will be Chamber of Commerce volunteers, or volunteers from local service clubs who man information booths. Each of the commercial exhibitors, such as food, will provide us with proper insurance, as they sign up. However it would be impossible to gather the data you request until they have actually signed up to be in the Festival. Included with the cover letter are the following: 1. Sketch of the site. It is impossible to provide an actual location for sanitary facilities, lighting or public water, until we see how the displays line up on the location. (This is the first 6me this particular set-up has been used.) These services will be provided, as they are each year. The most convenient locations can best be determined when the exhibits are in place. 2. Provision for ~'affic control, fire safety and security have been arranged for, as indicated by the enclosed letters. 3. Legal description you ask for is in the addressing checklist. I hope this covers everything sInce time is short. Respectfully, e~ ! o . Executive D~rector Enclosures AGE.~A ITEM FEB 13 2001 Golden Gate Community Center Request for Golden Cynte Chamber/Golden Gate Festival All festival rides, games, and ticket booths are to be located on the vacated part of Lucerne Road only. (see attachment #1) , 2. The rear parking lot of the Golden Gate Community Center will be used for the Golden Gate Chamber to place the entertainment tent and food vealdots only. (see attachment #2) 3. The Golden Gate Chamber/Tolve Amusements are responsible for supplying their own power and water. The Golden Gate Community Center will not supply any electricity or water. Tolve Amusements can not arrive on the center grounds before February 19th and must be cleaned up and off the center grounds by February 28m. The Golden Gate ChamberfTolve Amusements are not to park any trailers, motor homes, RV' s, extra and unused ~ldes on the center or Lucerne'Property grounds. The Golden Gate Chamber is responsible for finding Tolve Amusements a location for these vehicles. The Golden Gate Chamber is responsible for contracting Waste Management and supplying extra trash bins and cleaning up the waste daily. The Golden Gate Chamber is responsible for contacting the impacting neighborhood and scheduling a time to meet with them to discuss the 2001 Festival and the impact it will have on the neighborhood. The meeting can take place at the Golden Gate Community Center. 8. The Golden Gate Chamber will pay the Golden Gate Community Center a $1,000 damage deposit. 9. The Golden Gate Chamber is responsible to create a lease request for the 2001 Festival for approval by The Golden Gate Community Center Advisory Board. 10. The Golden Gate Community Center parking lot will not be available to the 2001 Festival for parking. The center has activities planned on the same weekend. 11 . The Golden Gate Chamber is responsible for having a representative scheduled at the Golden Gate Community'CenterTor the week offFebruary 19u'. This representative is to l~e available to handle all communication, activities, questions, and concerns for the 2001 Festival. AGENDA ITEM F[3 13 2001 NOTE: Please read reverse side Copy: Before completing this Copy: Petition. Copy: Zomng Director Petitioner (2} County Administrator CARNIVAL OPEKATION PETITION ~o~ ~o. ~£'R, ¥ v-q ~ PETITIONER'S ADDRESS: If a corporation, whether or not a not-for-profit corporation: PROPERTYOWNER'SNAME: /~)/t~ /) rr/~ (c>oo,v; y PROPERTY OWNER'S ADDRESS: $ ~ d/ ~/ff~k'- ~-d J.J/l?l.-~£ /c~ $ f/l/Z--- TELEPHONE: ~'J~---Z--$'~'~-~'~ LEGAL DESCRIPTION OF SUBJECT PROPERTY: Z-/t ,~ e~ /~.tf NATURE OF PETITION: ,/~$~/t/'~' t._ ~v t/~-~_-ff./~--~ . .. THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.l) 3.e.4) 3.e.7). 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) /., e. 10) ....... .....L SIGNATUI~ OF AGENT ~OR PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR: FEB 13 2001 Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number 1244567 IDate 01/29/2001 8:47:16 AM Post Date I Payment Slip Nbr 01/29/2001 AR 298 Appl Name: BOARD OF COUNTY COMM Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: COLLIER COUNTY 3301 TAMIAMI TRL E BLDG F NAPLES FL 341124902 Proj Name: GOLDEN GATE COMMUNITY CENTER Type: TAZ: 90 Subdiv Nbr: 620 Project Nbr: 2001010010 Payor ' G G FESTIVAL Fee Information 11CIRC FAIR & CIRCUS PERMITS 11313890034122000000 Total Amount Waived $275.00 $275.00 PaymentCode CHECK Payments tAccount/Check Number 280 Amount $275.00 I Memo: Total Cash $0.00 Total Non-Cash $275.00 Total Paid l $275.001 Cashier/location: FROLOFF_E / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:0 /29/2001 8:47:42 AM FEB 13 200I NOTIFICATION FORM FOR TEMPORARY EVENTS Name orevent ~ ~,o~.,~ ~ ?.~ /~ ~ ;..-/ ~x c. Address of event .. Date(s) of event Sponsor of event Person in charge of food service Number of food and beverage booths Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( 5/ ) Female Permanent: Male ( ) Female Method of toilet waste disposal: Describe method of liquid kitchen waste disposal: Descdbe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: / Describe facilities and rn~thod of handwashing: Describe facilities and method of utensil washing, rinsing and sanitizing: / Source of potable water:. FEB 13 2001 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' ~ may subject the booths to be closed for public health reason. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. * ? Signature of sponsor's agent Date: FF_8 13 7.001 To: Board of County Commissioners From: Ken Ellis Executive 'Director Golden Gate Area Chamber of Commerce The purpose of this letter is to seek a.waiver of the surety bond in the sum of $2500, as requested for the Golden Gate Festival, February 23-24-25,2001. Each year, this waiver has been granted to the Golden Gate Area Chamber, the sponsoring non-profit organization. Thank you. Exerpt from Florida Administrative Code 64E-11, Food-Hygiene 64E-11.009- Temporary Food Service Events. Food service operations at temporary food service events shall comply with all applicable sanitary requirements of this rule, unless otherwise exempted in this section. (1) Notification (a) Temporary food service event sponsors or vendors shall notify the local county health department not less than three days prior to the scheduled event of the type of food service proposed and the time and location of the event. Notification may be completed orally, by telephone, in person, or in writing. Co) The local county health department shall keep a record of notifications received for proposed temporary food service events and shall provide appropriate ed~ucational material to the event sponsors or vendors. (2) Facilities -- Specific requirements for the physical facility where the food service operation is to be conducted shall be based on the type food that is to be prepared or served, the length of the event, and the amount of fcod preparation that is to be conducted at the temporary facility. (a) If the food service operation is intended for the sale of only packaged, non-potentially hazardous food or drink, the food packages shall be protected from dust, dirt, and other sources of contamination during storage and serving. Co) Overhead protection shall be provided at all food service operations when food is prepared or portioned on premises. (c) When potentially ha?ardous food is prepared at temporary food service events of more than 3 days, the physical structure where the food preparation occurs shall be protected from the entrance of flying insects and other vermin. (3) All food and beverages served at temporary food service events shall be from approved sources in accordance with provisions of section 64E-11.003 of this chapter or prepared on premises. (4) All food served at temporary food service events shall be protected in accordance with provisions of section/5,~E-I 1.004 of this chapter. (5) Food and food-contact surfaces shall be protected from contamination by customers and dust. Where necessary, effective shields or covers shall be provided. (6) Ice which will be consumed or which will come into contact with food shall be obtained fi'om an approved source. The ice shall be held in a way that protects it fi'om contamination until dispensed. (7) Storage of packaged food in contact with water or undrained ice is prohibited. Beverage containers may be stored in direct contact with ice when: FEB 13 2001 (a) The storage facility is equipped with adequate drains which preclude the accumulation of water during use; (b) The melt water is disposed of so as not to create a nuisance; and (c) The storage facility is kept clean. (8) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink will not be required, except that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. However, a sanitizer solution in a bucket or spray bottle to adequately sanitize the food preparation surfaces will be available at all times. (9) All food service operations which prepare food on premises shall provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean portable containers equipped with on/off valve~. Soap and single-service towels shall be available for handwashing and hand drying. (10) Equipment shall be installed in such a manner that the establishment can be kept clean and the food will not become contaminated. (11) Liquid waste which is not discharged into a sewerage system shall be disposed of in a manner that will not create a public health hazard or a sanitary nuisance. (12) Floor construction in establishments which prepare food on premises shall be of durable material. Dirt or gravel subflooring can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to control dust. (13) Walls and ceilings, when required, shall be constructed to minimize the entrance of flies and dust. Ceilings may be of wood, canvas or other materials which protect the interior of the establishment from the elements and walls may be of such materials or of 16 mesh screening or equivalent. Doors to food preparation areas, when required, shall be solid or screened and shall be self-closing. Counter service openings, for facilities with wall enclosures, shall not be larger than necessary for the partieuiar operation conducted and shall be kept closed at all times except when food is actually being served. (14) All food service opem~fions at temporary food service events without effective facilities for cleaning and sanifizing tableware shall provide only single-service articles for use by the consumer. Specific Authority 381.0072 FS. Law lmpicmcntcd 381.0072 FS. History ~ New 6- 1-93, Formerly ! 0D- 13.0292, Amended 3- ! 5-98. FEB 13 2001 )UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Harsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN 5801 Pelican Bay Blvd. THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVEI~e, GE AFFORDED BY THE POLICIES DESCRIBED HEREIN. Sulte 400 Naples. FL 34108 COMPANIES AFFORDING COVERAGE 1~4RIA TYRE 941 597 046I RED Collier Health Services. Inc. 1454 Madison Avenue ]rrmokalee, FL 33934 COMPANY A HARTFORD FIRE INSURANCE CO COMPANY B HARTFORD CASUALTY INS CO COMPANY C HARTFORD INSURANCE CO. SE (FL) COMPANY D S IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION i TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YYI DATE (MM/DD/YY) LIMITS 20UUNGX9421 8/01/00 4/01/01 GENERAL AGGREGATE $ 2,000,000 GENERAL LIABILITY ~M ERC,AL GENERAL LIABILITY ~?_~.._.] CLAIMS MADE J~---~OCCUR ~ O~VNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY X t UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ ~ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCI OTHER 20UUNGX9421 20XHUGX7696 20WEDX830820 8/01/00 8101/00 4/01/00 4/01/01 4/01/01 4/01/01 PRO'DUCTS- COUPlOP AGG $ 2. 000. 000 PERSONAL & *DV INJURY $ 1. 000. 000 EACH OCCURRENCE $ 1,000. 000 FIRE DAMAGE (Any one firel MED EXP (Any one person) * 300. 000 i$ 10. 000 COMBINED SINGLE LIMIT l. 000. 000 BODILY INJURY (Per I:>er son) BODILY INJURY (Per accidenl) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT EACH ACCIDENT AGGREGATE EACH OCCURRENCE 1. 000,000 AGGREGATE 1. 000. 000 EL EACH ACCIDENT 1. 000. 000 EL DISEASE- POLICY LIMIT I, 000. 000 EL DISEASE- EA EMPLOYEE $ 1. 000. 000 RIPTION OF OPERATIONS / LOCATIONS / VEHICLES I SPECIAL ITEMS DEN GATE FESTIVAL FEBRUARY 23-25, 2001 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR GOLDEN GATE FESTIVAL, INC. TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 3847 TOLLGATE BLVD HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR NAPLES, FL 34114 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVER, OR REPRESENTATIVE.~. ' BNI,~:sh USA inc' . m~l ~ O~ ~:::.i i.~:.i.~ ;.i.:. :.i!i/:: i.iI i. ;.;.i i.~. ::..::.!.!11 ;/.:: ;. !.::.~ ;/:.::. !i; ;.i.i .::..~ ~. !.i.....i.~i: ii.i ~..?:i:: i i::11 i ;i:.i~i! i i i.i i! i.l.i i :.. !11 .i?. i~i i:~111.11.! :. i..!~:~:~:.~ ~i~i .11.i.i :: i..i .ii.i i.:: i..i ::!i!ii?111i:~i?. 10 DAYS FORNON-PAYMENT) LOCATION: 4701 ' GOLDEN ZONED: C 1 MAI~E CHECK PAYABLE TO: COLLIER COUNTY TAX COLLECTOR 2800 N. HORSESHORE DRIVE · NAPLES, FLORIDA 34104 · (941) 403-2477 THIS LICENSE EXPIRES SEPTEMBER 30, 2001 GATE PKNY RENINDER NO1']CE MAKE CHANGES OR CORRECTIONS BELOW MUBT PROVIDE THE FOLLOWING: BUSINESS IN OPERATION YES [] NO CHANGE OF LOCATION YEB [] NO BUSINESS WITHIN CITY LIMITS YES [] NO RESIDENCE USED AS OFFICE YES ITI NO CHANGE OF OWNERSHIP YES [] NO LEGAL FORM INDIVIDUAL [ ] PARTNERSHIP [ ] CORPORATION [XX ] SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES TRAYELZNG SHOWtCARNIYALS Guy L. Carlton NUMBER OF VENDING MACHINES Collier County Ta): Co1 lec*.or PHONE COUNT 12/22/2000 0CO_ - 012 PHYLLISS 983171 0ccupa/,iona 1~ CLASSIFICATIONCIRCUSt CARNIYALe SIDE 5HON ...RETURiRXqi~NRXIj~i~nAnD,,n - I HEREBY DECLARE THE PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST oFvl~ ~N~/~i~EI~E~ SIGN 0ccupationa] LJ*c OWNE. ^N~O..E..ESE.T^T~VE oF .us,.ESS T~TLE O^TE CK 2306 WALK*IN OR POSTMARKED BY: I OCT. 1 - OCT. 31 I NOV. 1 * NOV. 30 I DEC. 1 ~.g...E~. ~_t~_ I JAN. 1 AND AFTER BEFORE 1OO.OO 110.00 115.OO 120.OO 135.OO SEPTEMBER 30 PROFESSIONALREG. NO. BUSINESSPHONE CP 99-3 941-322-2323 SARASOTA ANUSENENI ENTER COLEGROVE, LESTER 5131 NAUCHULA RD NYAKKA CITY FL 34251 $120.00 $120.00 LICE NSE)~OI:i~ODE 983171/ 01800001 AGENDA ITEM FEB 13 2001 SECURITY ABACUS INVESTIGATION AND SECURITY, INC., agrees to furnish security services for: GOLDEN GATE CHAMBER OF COMMERCE 3847 TOLLGATE BLVD. NAPLES, FL 34114 ATTENTION: KEN ELLIS Seryice: Provide one. unarmed unifom~ed security officer to patrol festival o.n Friday, February 23,2001, and on Saturday, February, 24, 2001 from the hours of 11:00pro until 7:00am. The rate for this service is $16.00 per man hour plus 6% Florida State Sales Tax. Total hours m'e 16 ~ $16.00 = $256.00 mid sales tax of $15.36 = $271.36. Payment is due upon completion of assignment. Invoice will accompany contract; no further notice will be sent. All Security Officers assigned will be properly licensed, unifomaed, and trained to deal with the specific requirements associated with their job assignment. All cost of Workers' Compensation lnsttrance, Liability Insurance ,and wages of said officers will be ihe responsibility of Abacus. Contract must be signed in order for the liability coverage to be in effect. Abacus Investigation & Securit3', Inc., agrees to obtain public liability insurance with limits of not less than $1,000,000.00 and shall provide a certificate of such insurance upon request. Client agrees to hold Abacus Investigation & Security, Inc. harmless for any non-negligent law suits arising out of the perfonnance of the officers' duties. Payment is due upon completion of assigmnent. After ten days of invoice date a late [~e will be charged at a rate of 1.5% per month. A fee of $25.00 will be charged for troy returned checks. Contract Sub~nitted tbr Approval by: ABACUS INVESTIGATION & SECURITY, INC. LICENSE It: B-0000913 CLAIRE TRUNCALE, PRESIDENT 'I<EN' ELLIS FOR ~b' I,-~'~N GATE CHAMBER. OF CQ/vlMH'RCE AGENDA ITEM FEB 13 2001 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 January26,2001 Golden Gate Festival 2001 ATTN: Bill Arthur, Chairman 3847 Tollgate Boulevard .Naples, Florida 34114 Dear Mr. Arthur: This fire department will provide its services during the "Golden Gate Festival 2001" that will be held February 23 through February 25, 2001, at the grounds adjacent to the Golden Gate Community Center. This department must insist that all fire codes and safety codes be strictly adhered to. A. A fire lane (20-foot minimum) will be provided with access to all cooking and vending areas. B. Fire extinguishers to be provided in all cooking facilities. C. Any and all LP tanks shall be tied down. D. Any and all electrical box access be protected from general public contact. E. Provide the Golden Gate Fire Department with a map of the general layout prior to the starting of the event. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after they are setup and prior to them being opened to the public. Thank you for your cooperation. Sincerely, Donald R. Peterson Fire Chief DRP/pm FEB 13 2001 COLLIER COUNTY SHERIFF'S OFFICE LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT 0 XT NS O THIS AGREEMENT,entered inZo thl-q ~ day of, ~,~, 200~. by and between the Collier County SheriIT's Office, DON HUNTER, SHERIFF of Collier County, Naples, Florida, hereinafter .tefen'ed to as 'CCSO' and/f..d//. i)C~ _ ~-.,~-/~.f=_.../~_/'~_/~l~2~,~[ F!orkla, hereinafter referred to as CONTRACTOR , both of whom shall be referred to as the "PARTIES'. This contract extrusion will ten,in active for the period of one {1) year terminating on th~ ~. ~ ~y of ~,,f ~,/~.//~. ¥ , All the terms and conditions of the orl8tnai ¢ontrax:t will remain valid. A schedule of specifi~ dates and assignments for Deputies assisned under this aFrreement is attached hereto and ma~ked 'Exhibit A'. ~ schedule will remain flexible as agreed on by the PARTIES. The estimated m~nimtl~ rate. bnsed on now available information, is $21.90 to~ 30.60 per hour per Deputy, s~bject to I'tn~ accounlin$. If the contract requires vehicle patrol. the Agency slmil be pa~i $ .29 per patrol mile per vehicle. FINANCIAL ARRANGEMENTS: FULL PAYMENT IN ADVANCE 50% DEPOSIT REQUIRED .'~ NO DEPOSIT REQUIRED/TOTAL DUE UPON BILLING IN WITNES~ WHEREOF, THE PARTIES HERETO EXECUTE THIS INSTRUMENT ON THEIR BEHALF, AT THE DATES-sIzr FORTH BELOW. AS APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: COLLIER CO. SHERIFF'S OFFICE: City,~tate~ - ' Zip Code Lieurerum - Special Serv 'k~ Buz~au [ ] Approved [ { Not Approved .Approved ._ _Not Approved , Approved Not Approved ~ ~Approved _~Not Approved Capt. - Uniform DIv. Date Finance Date Undcr~heriff Date DON HUNTER. SHERIFF - COLLIER COtJNTY DATE AGENDA ITEM FEB 13 2001 L__i____LLU__J I JJ_LI__J' ! I I I I I I,'1 I I! 1t/Ii ~1' ii !1 1~/I iii / ! / ! ! I ! ! .,4! / I ! I I C) I I. I O~: iv' I i: ,L..?,~ I ~ I ~ ? / I I I II I FEB 13 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TO RECOGNIZE THE ANN~AL APPROPRIATION OF THE TAX INCREMENT REVENUES TO THE REDEVELOPMENT TRUST FUND AND APPROPRIATE THE REVENUES TO THE APPROPRIATE EXPENSE CATEGORIES. OBJECTIVE: To allocate tax increment revenues to the Bayshore/Gateway Triangle Redevelopment Fund and the Immokalee Redevelopment Fund as authorized by Ordinance 2000-42. These ftmds will be used to implement the Redevelopment Plan. BACKGROUND: On March 14, 2000 the Board of County Commissioners approved Resolution 2000-82 that identified the boundaries of the Bayshore/Gateway Triangle Redevelopment area. On June 13, 2000, the Board of County Commissioners adopted Ordinance 2000-42 that established the Redevelopment Trust Fund and determined the assessment and annual appropriation procedure for tax increment revenues. The monies allocated to and deposited into the Redevelopment Trust Fund shall be used to finance "community redevelopment" within the area. Tax increment revenues are the amount of all new property tax revenues, which are increase in the existing tax base within the designated redevelopment area. In order to calculate the incremental value, a "frozen" tax base year was established. The 1999 certified tax roll is the "frozen" tax year for this redevelopment program. The increase in property values above the frozen tax base within the redevelopment area is than multiplied by the appropriate millage rate (General Fund Rate - 3.5028 and Unincorporated Rate - .8425) to calculate the tax increment revenues. These revenues must be used back in the area in which they are generated. CONSIDERATIONS: With the approval of this budget amendment tax increment revenues will be deposited into the appropriate accounts and be available to expend on appropriate activities as outlined in the Redevelopment Plan. FISCAL IMPACT: Funds will be allocated as follows: From General Revenue Fund 001 Reserves to Bayshore/Gateway Triangle Redevelopment Fund 187 - $97,560 Immokalee Redevelopment Fund 186- $26,872 From Unincorporated MSTD Fund 111Reserves to Bayshore/Gateway Triangle Redevelopment Fund 187 - $23,465 Immokalee Redevelopment Fund 186 - $6,463 GROWTH MANAGEMENT IMPACT: There is no growth management impact. AGENDA'iTEM ? FEB 13 2001 Pg. I ENVIRONMENTAL ISSUES: Not Applicable HISTORICAL/ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: The Board approve the budget amendment to recognize increment revenues to the Redevelopment Trust Fund appropriate expense categories. EAC RECOMMENDATION: Not Applicable CCPC RECOMMENDATION: Not Applicable the annual appropriation of tax and appropriate the revenues to the PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION January 26, 2001 DATE REVIEWED BY: ~ ~ffT~N LITSINGE~, AICP COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: ~T J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR I~ATE APPROVED BY: JOHNi~UNNUCK INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES 2 DATE FEB 13 2001 EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR FUND SHARING TOWARDS CONSTRUCTION OF ARTIFICIAL REEFS OBJECTIVE: To enhance fisheries habitat and increase recreational opportunities in the waters of Collier County through the construction of artificial reefs. CONSIDERATION: The BCC allocated $25,000 in funds towards the construction of artificial reefs. The City of Naples has agreed to reimburse the County $12,500 for each of the next five fiscal years for reef construction. Staff currently plans to add material to the Clam Pass 2.5 mile site with the funds. FISCAL IMPACT: The County has budgeted $25,000 from boaters registration fees for the reef program ($20,000 for reef construction, $5,000 for buoy maintenance). The City of Naples' contribution will decrease the impact to the Unincorporated Fund by up to $12,500 for each of.the next five years beginning in FY 00/01. This revenue has already been budgeted for FY 01, thus there is no need for a budget amendment. GROWTH MANAGEMENT IMPACT: The City contribution helps to support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Chairman to sign the interlocal agreement with the City of Naples in order to receive up to $12,500 per year for five years from the City of Naples for artificial reef construction. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Douglas~-~. Suitor~ Seni9~ Environmental SBesialist , ~_.j,X~>_ ~~/~ Date: ,W/Iliam D. Lorenz,/~. P.E., Dir[i/(ror, N atural?~_~~ent oh~. Date: J I~Jlb [ J Dunnuck, Interim Administrator Con~lmunity Development & Environmental Services FEB 13 2001 INTERLOCAL AGREEMENT FOR FUND SHARING: REIMBURSEMENT FOR CONSTRUCTION OF ARTIFICIAL REEFS THIS INTERLOCAL AGREEMENT (the "Agreement") is made this day of ,2000, by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, a political subdivision of the State of Florida (the "County"), and THE CITY OF NAPLES, a Florida municipal corporation (the "City"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the City and the County have determined that it is in their best interest to form an asso.ciation to construct artificial reefs; and WHEREAS, the County has agreed to expend certain funds for the construction of artificial reefs; and WHEREAS, the City's 5-year Capital Improvement Plan currently authorizes the expenditure of funds for the construction of artificial reefs. WHEREAS, the City has agreed to partially reimburse the County for money actually expended by the County in constructing artificial reefs on the terms and conditions contained in this Agreement. NOW, Ti~EREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. Recitals Incorporated. The above recitals are true, correct and incorporated heroin. Reef Construction. The County shall expend funds for artificial reef construction over five (5) consecutive fiscal years commencing with fiscal year 1999/2000 (the "Term"). The City agrees to provide certain reimbursement funding assistance to the County during this Term, subject to Section 3. Reimbursement. Each fiscal year during the Term, the City shall match funds actually expended by the County for artificial reef construction, provided that (i) such funds for artificial reef construction are still authorized in the City's 5-year Capital Improvement Plan for the fiscal year; (ii) the total contribution of the City shall not excee'. - *~'"~-'-~ · FEB13 2001 o $62,500.00 over the Term; and (iii) the City shall not be obligated to pay to the County more than $12,500.00 for any single fiscal year during the Term. Invoices. The County shall submit invoices to the City for the payment of such funds for artificial reef construction. Each invoice from the County shall certify that the County expended a specified amount for the construction of artificial reefs during the Term of this Agreement and specify the amount of funds to be matched by the City. During each fiscal year of the Term, in the event that the County does not invoice the City for an amount equaling the lesser of (i) $12,500.00 or (ii) the amount actually authorized for the fiscal year in the City's 5-year Capital Improvement Plan, any non-invoiced balance for said fiscal year shall be carried forward to subsequent fiscal year(s). Funds. All funds paid to the County by the City for artificial reef construction shall be deposited by the County in the County's natural resources artificial reef project fund. Counterparts. This Interlocal Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party who signature appears thereon and all of which shall together constitute one and the same instrument. Effective Date. This Agreement shall take effect on the day of execution by the last party to execute this Agreement. Recording. This Agreemere shall be recorded by the County in the Official Records of Collier County within thirty O0) days after this Agreement is fully executed. Notices and Address of Record. All notices required or made pursuant to this Agreement to be given by the County to the City shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following: City Council City of Naples 735 Eighth Street South Naples, Florida 34102-3796 All notices required or made pursuant to this Agreement to be given by the City to the County shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the follow L~. A~,-~W_~a FEB 13 2001 Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, Florida 34112 Attn: Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement on the day first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: By: ] ~,~. ~ Thomas C. Palmer, Assistant County Attorney By: James D. Carter, Ph.D., ChaLunan ATTEST: Tara A. Norman~2ity Clerk Approved as to form and legal sufficiency: Beverly Orady, City Attomey CITY OF NAPLES, FLORIDA ~io--ie P,. ~acKeme, M~o 325231_1 FEB 13 2001 ........ EXeCUTiVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND" OBJECTIVE: To grant final acceptance of the required subdivision improvements associated with that subdivision known as "Pelican Strand" CONSIDERATIONS: On July 11, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand". o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's property-owners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The County is responsible for maintaining all of the water and sewer improvements, as well as the paving and drainage within Strand Boulevard from Immokatee Road to the entrance gate. The property owner's association is responsible for maintaining the roadway and drainage improvements within the Commercial loop road. Funds for the routine maintenance and upkeep of the County maintained facilities will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None FEB 13 2001 Executive Summary Pelican Strand Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand" 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: J~h~ R. Houl~s~0rth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager D~te R~e, AICP Planning Services Department Director Date APPROVED BY: John M. ~{~nnuck,- III Interim Administrator Communitv Dev. and Environmental Svcs. Date j rh AGENDA ITEM FEB 13 2001 bI--~--'~__11A I L IlSl,..hll'~UMIgl~,l I~ ~INU AML rILL. L/ I1~1 I1-11- I'"UI~LI~, ~L,L/IXU,,.h L/l'- ~.,L/LLIILK t FLORIDA AT OFFICIAL RECORD BOOK¢~?._/ PAGE~_~_.,,~.ND OFFICIAL RECORD BOOK~-._,_._~_ LI~NGSTON ROAD-E/W SITE ROAD CENTER W/LLOUGHB IMMOK VICINITY MAP NOT TO SCALE FE.2 13 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND, · 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 June 3, 1997 approved the plat of Pelican Strand 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 Pelican Strand, 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: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal TEM .... FEB13 2001 EXECUTIVE S~Y FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR WALKER INDUSTRIAL BUILDING OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the sewer facilities. CONSIDERATIONS: 1) The Developer of Walker Industrial Building, has constructed the 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 January 11, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The sewer f~cilities 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 satisfa6tory. 6) The Utilities Performance Security (UPS); in the form of a Cash Bond in the amount of $570.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The sewer facilities were constructed without cost ~ to the Collier County Water-Sewer District. The cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. AGENDA ITEM FEB 13 2001 Executive Sununary Walker Industrial Building Page Two ENVIRONMENT~tL ISSUES: None HISTORICAL/A/~CHEOLOGICAL IMPACT: None PLANNING SERVICES STA~PF RECOMMENDATION: None F~C RECOMMENDATION: None CCPC RECO~R~ENDATION: None RECO~ENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Walker Industrial Building, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED.BX: Shirley Nix, Engineering Technician II Engineering_Review Services Date REVIEWED BY: Thomas"E. Kuck, P.E. Engineering Review Services Manager ~re, AICP Planning Services Department Director APPROVED BY: ~hM~ ~M.~yO~~~Lk$~MIFI, NI~ IA~erim Administrator U ENVIRONMENTAL SERVICES attachments Date~ Date Date AGENDA ITEM FEB 13 2001 ,~ ~~' 3838 Tamiami ~ .,~,/vNK 0670 PAY DATE 1-04-1999 4821932422 CASHIER'S CHECK TO. THE_ ORDER OF ***BOARD OF COUNTY COMMISSIONERS*** PAYABU?T.m,J ~'wrTmm~.K, WALKER BROS CONSTRUCTION ST. PN.J~ MN AUTHORIZED SIGNATURE ^C,E~A FEB 13 2001 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 11 O385 Date Post Date i01/04/1999 12:29:31 PM ,01/04/1999 Payment Slip Nbr I[MS 47071 ROBERT WALKER WALKER INDUSTRIAL BLDG Payor ' GULF COAST NAT BK Fee Information Fee Code ~ Description , GL Account Amount i Waived 12BOND I DEPOSITS-COMM DEV (CASH BOND1 67000000022011300000 $570.00 1 Total $570.00! Payments Payment Code ~ CHECK ~ 1932422 Account/Check Number Amount; $570.00 Memo: Total Cash 'r $0.00 ¢ Total Non-Cash ; $570.00', Total Paid ! $570.001 Cashier/location: FROLOFF_E / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:0' EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTIONS APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of- twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 07/29/99 b. Notice of Violation served undeliverable c. Notice of Violation Posted 10/18/99 $600.00 1999080171 Carvajal, Luis & d. Unabated nuisance verified 10/29/99 Patricia e. Nuisance abated with public funds 02/16/00 f. Owner invoiced for costs 06/05/00 a. Violation determined 12/08/98 b. Notice of Violation served 06/17/99 c. Notice of Violation Posted not applicable $1,175.00 81208121 Berlin, Sol d. Unabated nuisance verified 07/06/99 e. Nuisance abated with public funds 11/04/99 f. Owner invoiced for costs 11/15/99 a. Violation determined 05/25/99 b. Notice of Violation served not noted c. Notice of Violation Posted not applicable $995.00 1999060363 Arevalo, Julia d. Unabated nuisance verified 06/29/99 e. Nuisance abated with public funds 07/28/99 f. Owner invoiced for costs 08/05/99 a. Violation determined 02/24/99 b. Notice of Violation served undeliverable c. Notice of Violation Posted not applicable $415.00 90219175 Arreguin, Everado & d. Unabated nuisance verified 05/10/99 Audelia e. Nuisance abated with public funds 06/14/99 f. Owner invoiced for costs 06/17/99 a. Violation determined 07/17/00 b. Notice of Violation served 07/25/00 c. Notice of Violation Posted not applicable 2000070617 Pelc, Edward J =& d. Unabated nuisance verified 08/10/00 Laverda L. e. Nuisance abated with public funds 09/05/00 $245.00 f. Owner invoiced for costs 09/20/00 AGI~ NJ~A ITEM No, 1.[£ /'It ~ I~ ll 11 FEB 1 3 2001 PO. / a. Violation determined 08/12/99 b. Notice of Violation served undeliverable c. Notice of Violation Posted 09/29/99 $245.00 1999090408 Riddleberger Jr. Paul L d. Unabated nuisance verified 10/11/99 e. Nuisance abated with public funds 11/17/99 f. Owner invoiced for costs 12/01/99 a. Violation determined 04/02/99 b. Notice of Violation served unclaimed c. Notice of Violation Posted 05/03/99 $245.00 1999040319 Casteel, Rose L. d. Unabated nuisance verified 05/12/99 e. Nuisance abated with public funds 05/25/99 f. Owner invoiced for costs 08/12/00 a. Violation determined 07/03/00 b. Notice of Violation served no receptacle c. Notice of Violation Posted 08/02/00 $245.00 2000070111 Catete, Jose Luis & d. Unabated nuisance verified 08/15/00 Lucila e. Nuisance abated with public funds 09/05/00 f. Owner invoiced for costs '" 09/20/00 a. Violation determined 06/26/00 b. Notice of Violation served 07/18/00 c. Notice of Violation Posted 07/24/00 $245.00 2000070018 Sanzalone Et Ux, d. Unabated nuisance verified 08/04/00 Thomas e. Nuisance abated with public funds 09/05/00 f. Owner invoiced for costs 09/20/00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $4,410.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $112.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Janet Powers, Operations Manager Code Enforcement DATE: FEB 18 2001 REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement DATE: APPROVED BY: Jolf~' M. Dunnuck III, Administrator Cc~munity Development & Environmental Services DATE: FEB 13 ~OOl BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARVAJAL, LUIS ALFREDO &PATRICIA ANN DATE: 5205 MCCARTHY ST NAPLES, FL 34113-8739 REF. INV.# 1542 FOLIO # 62046200006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 24, Block 10, Unit 1, NAPLES MANOR, according to the plat thereof recorded in Plat Book 3, Page 57, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 29, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you, The nuisance EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200' OF IMPROVED PROPERTTY You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOUR HUNDRED ($400.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of SIX-HUNDRED ($600.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL FEB 1 3 2001 1 2 3 4 5 6 7 8 9 10 ii 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, 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, ):,.alid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due ar,d proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CARVAJAL, LUIS ALFREDO & PATRICIA ANN LEGAL DESCRIPTION: Lot 24, Block 10, Unit 1, NAPLES MANOR, according to the plat thereof recorded in Plat Book 3, Page 57, Public Records of Collier County, Florida. COST: $600.00 REFERENCE#: 1542 FOLIO #: 62046200006 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Affsistant County Attorney LIEN/MSTR RESOLUTION JAMES D. CARTER, PH. D, ,Chairman AG Ellt~, I~t~M.. No. FEB 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BERLIN, SOL C/O NORMAN SOMBER ESQ DATE: 7700 N KENDALL DR STE 610 MIAMI, FL 33156-7567 REF. INV.# 1392 FOLIO # 000000073520009 LIEN NUMBER: LEGAL DESCRIPTION: The Northwest 1/4 of the Northeast 1/4 and the Northwest 1/4 of the Southwest 1/4 of the Northeast !/4 and the East 1/2 of the Southwest 1/4 of the Northeast 1/4 less the South 40 feet thereof for road Right-of-Way of Section 32, Township 46 South. Range 29 East, 'Collier County, Florida. · ? You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 6, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS/LITTER: ACCUMULATION OF WEEDS, GRASS OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF 18" AND PROHIBITED ACCUMULATION, STORAGE, BURIAL OF LITTER CONSISTING OF CUT VEGETATION. EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON [rNIMPROVED LAND LOCATED WITHIN 200' OF IMPROVED SUBDIVIDED PROPERTTY You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of NINE HUNDRED SEVENTY FIVE ($975.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND ONE HUNDRED SEVENTY FIVE ($1,175.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Flor/da 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL AGE T FEB 1 3 2001 I 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 9%51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such propert3,; 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 no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolutlon is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BERLIN, SOL LEGAL DESCRIPTION: The Northwest 1/4 of the Northeast i/4 and the Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 and the East 1/2 of the Southwest 1/4 of the Northeast i/4 less the South 40 feet thereof for road Right-of-Way of Section 32, Township 46 South. Range 29 East, Collier County, Florida. COST: $1,175.00 REFERENCE#: 1392 FOLIO #.'. 0000000073520009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES D. Approved as to form and legal sufficiency: ~{~L i (14/ Thomas {J. Palmlr, ~ssistant County Attomey' F: LIEN/MSTR RESOLUTION CARTER, PH. D, ,Chairman AGENDA, ITEM FEB 1 3 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN A REVALO, JULIA DATE: 406 WASHINGTON AVE IMMOKALEE, FL 34142 REF. INV.# 1206 FOLIO # 66220760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 12, in PEARCE SUBDIVISION, a subdivision located in Immokalee, Collier County, Florida; as per plat thereof, recorded in Plat Book 1 Page 107, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-de~ribed, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 26, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS/LITTER: ACCUMULATION OF WEEDS, GRASS OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF 18" AND PROHIBITED ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE AND ABANDONED PROPERTY CONSISTING OF BUT NOT LIMITED TO A WHITE FORD VAN, BLUE FORD TRUCK, BLUE BUICK AND BOX TRAILER. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVEN HUNDRED EIGHTY- FIVE ($785.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of NINE HUNDRED EIGHTY- FIVE ($985.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL AG F.~[~ .o. t/ FEB 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 4l 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, 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 no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: AREVALO, JULIA LEGAL DESCRIPTION: Lot 13, Block 12, in PEARCE SUBDIVISION, a subdivision located in Immokalee, Collier County, Florida; as per plat thereof, recorded in Plat Book 1 Page 107, of the Public Records of Collier County, Florida. COST: $985.00 REFERENCE#: 1206 FOLIO #: 66220760009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES Approved as to form and legal suffic.._~iency: ~x f Thomas C. Palmer, Assi§tant County Attorney F: LIEN/MSTR RESOLUTION D. CARTER, PH. D, ,Chairman AG EtqQA_JTEM BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ARREGUIN, EVERADO, AUDELIA DATE: 3961 COCONUT CIRCLE N NAPLES, FL 34104 REF. INV.# 1125 FOLIO # 61946520007 LIEN NUMBER: LEGAL DESCRIPTION: The East 75' of the West 675' of the South 1/2 of Lot 82, NAPLES IMPROVEMENT COMPANY LITTLE FARMS, according to the plat in Plat Book 2 Page 2, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on May 10 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is' LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF BUT NOT LIMITED TO WOOD, METAL, PLASTIC, GLASS, FURNITURE, APPLIANCES ETC. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO HUNDRED FIFTEEN ($215.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR HUNDRED FIFTEEN ($415.00) DOLLARS. · .Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL FEB 1 11 2001 9°. /0 1 3 4 5 6 7 8 9 l0 [l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, 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 no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ARREGUIN, EVERADO & AUDELIA LEGAL DESCRIPTION: The East 75' of the West 675' of the South 1/2 of Lot 82, NAPLES IMPROVEMENT COMPANY LITTLE FARhIS, according to the plat in Plat Book 2 Page 2, of the Public Records of Collier County, Florida. COST: $415.00 REFERENCE#: 1125 FOLIO #: 61946520007 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney LIEN/MSTR RESOLUTION JAMES D. CARTER, PH. D, ,Chairman FEB 1 8 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PELC, EDWARD J=& LAVERDA 1307 N KANKAKEE ST LINCOLN, IL 62656-1210 DATE: REF. INV.# 1638 FOLIO # 35690600005 LIEN NUMBER: LEGAL DESCRIPTION: LOT 15, BLOCK 2, UNIT 1, PART 2, GOLDEN GATE, AS RECORDED IN PLAT BOOK 11, PAGES I1 AND 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 10, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INClIES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOURTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FOURTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legai notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. $2id request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL FEB 1 3 2001 1 2 3 4 5 6 7 8 9 10 II 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, 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 no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: PELC, EDWARD J=& LAVERDA LEGAL DESCRIPTION: LOT 15, BLOCK 2, UNIT 1, PART 2, GOLDEN GATE, AS RECORDED IN PLAT BOOK 11, PAGES 11 AND 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COST: $245.00 REFERENCE#: 1638 FOLIO #: 35690600005 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficien~cy: Thomas C. Palmer, ~ssistant County Attorney F: LIEN/MSTR RESOLUTION JAMES D. CARTER, PH.D,,Chairman FEB 1 I] 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RIDDLEBERGER JR, PAUL L 652 94TM AVE N NAPLES, FL 34108-2447 DATE: REF. INV.# 1403 FOLIO # 62204520007 LIEN NUMBER: . LEGAL DESCRIPTION: LOT 11, BLOCK 6, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 11, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOURTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FOURTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of !his notice. F: LIENS/MSTR LNAL FEB 1 3 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Count),, 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 an.d?inding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated o£ a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RIDDLEBERGER JR, PAUL L. LEGAL DESCRIPTION: ' LOT 11, BLOCK 6, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COST: $245.00 REFERENCE#: 1403 FOLIO #: 62204520007 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal suf?~iency: ['~U.l Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION JAMES D. CARTER, PH. D,,Chairman AGENDA ITEM. FEB 1 3 ;'001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CASTEEL, ROSE L. DATE: 3259 KAREN DR NAPLES, FI 34112-7327 REF. INV.# 1103 FOLIO # 61840080009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 21, TARPON MOBILE HOMES, more particularly described as follows: Beginning at the NE corner of Lot 100 of Naples Groves and Truck Co's Little Farm No. 2, according to plat in Book I page 27, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on May 12, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, 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 no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CASTEEL, ROSE L. LEGAL DESCRIPTION: Lot 21, TARPON MOBILE HOMES, more particularly described as follows: Beginning at the NE corner of Lot 100 of Naples Groves and Truck Co's Little Farm No. 2, according to plat in Book 1 page 27, Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1103 FOLIO #: 61840080009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s). of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES Approved as to form and legal sufficiency: Thomas II~. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION D. CARTER, PH. D,,Chairman AGENDA I]'EM ~o. FEB 1 3 200 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CATETE, JOSE LUIS LUCILA CATETE 66 ISLE ST THOMAS NAPLES, FL 33961 DATE: REF. INV.# 1639 FOLIO # 68342480003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 66, If AN UNRECORDED PLAT OF PORT-AU-PRINCE MOBILE HOMES SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS 'FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 150 FEET AND SOUTH 450 FEET, LESS 60 FEET FOR ROAD RIGHT-OF-WAY. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 15, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOURTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FOURTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITgM .o. FEB 1 8 2001 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, 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 no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CATETE, JOSE LUIS & LUCILA LEGAL DESCRIPTION: LOT 66, IF AN UNRECORDED PLAT OF PORT-AU-PRINCE MOBILE HOMES SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 150 FEET AND SOUTH 450 FEET, LESS 60 FEET FOR ROAD RIGHT-OF-WAY. COST: $245.00 REFERENCE#: 1639 FOLIO #: 68342480003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney . LIEN/MSTR RESOLUTION JAMES D. CARTER, PH.D, ,Chairman AGENDA I TE tt, I FEB 1 3 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SANZALONE ET UX, THOMAS 18297 GRACE AVE PORT CHAROLETTE, FL 33948 DATE: REF. INV.# 1640 FOLIO # 62256800005 LIJEN NUMBER: . LEGAL DESCRIPTION: LOT 5, BLOCK 8, NAPLES MANOR LAKES ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, PB 3 PAGES 86 AND 87. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 4, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN H8) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOURTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FOURTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwa~anted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL AGENDa, FEB 1 3 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred bythe 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 an.d?inding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SANZALONE ET UX, THOMAS LEGAL DESCRIPTION: LOT 5, BLOCK 8, NAPLES MANOR LAKES ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PB 3 PAGES 86 AND 87. COST: $245.00 REFERENCE#: 1640 FOLIO #: 62256800005 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) 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 by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES D. CARTER, PH.D,,Chairman Approved as to form and legal sufficiency: ~J>l/f Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION AGENDA ITEM No. FEB 1 3 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD RIGHT- OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE, AND/OR TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE SIX-LANING ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD PROJECT, CIE NO. 52. OBJECTIVE: To adopt a Resolution to acquire by condemnation of fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, and/or temporary construction interests by easement required to complete the six-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #52. On March 14, 2000, the Board of County Commissioners adopted Resolution 2000-78 which authorized the acquisition by gift, purchase or condemnation of fee simple or easement interests in property required to complete the four-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52 (hereinafter the "Project"). At that time staff reviewed altemative locations, environmental factors, cost variables, safety and welfare considerations as they related to the Project. The Board considered these factors and determined that the most feasible location for the additional road right-of-way for the Project was that described in Exhibit A as attached to Resolution 2000-78. Staff has since determined that millions of dollars in state funds will be available for six-laning improvements from the State of Florida Department of Transportation pursuant to the County Incentive Grant Program Agreement, in the event the County chooses to construct six laning improvements to Livingston Road at this time. These funds may not be available in the future. The Project has been designed so as to accommodate the planned future expansion of this roadway into a six-lane facility by constructing the additional two lanes within the median area currently designed for the Project. Staff has considered the costs associated with the re-design and construction of six-laning improvements to L~vingston. After consideration of the cost variables, the safety and welfare considerations, and the environmental factors as they relate to the six-laning improvements, staff has determined that (re-)design and construction of the six lane improvements of Livingston will benefit the public by providing the additional capacity to Livingston Road, and complying with the Transportation and Capital Improvement Elements of the County Comprehensive Plans and reducing the cost to the County's taxpayers of such improvements. AC~EN~AJTEM FEB 1 3 001 I pg. The savings inherent in constructing a six-lane Livingston Road between Golden Gate Parkway and Pine Ridge Road at this time with state funding assistance will expand the County's funds for future and further public projects. Because the current Project design will accommodate a six-lane facility, additional right-of-way from that described and authorized by Resolution 2000-78 is not needed. However, the nature of the property interests to be acquired by the County has changed for a portion of the project to provide for the construction of a sound barrier wall within the proposed right-of-way along the eastern boundary of the Project between Sta. 178+29.37 and 194+13.69. A description of the property interests to be acquired is more particularly described in the legal descriptions attached to the proposed Resolution as Exhibit "A." Staff has determined that the construction of a wall along these abutting properties will lessen the impacts of the proposed improvements to Livingston Road by lessening both the traffic sounds and visual aspects associated with the proposed roadway. In reaching this determination staff has considered the acquisition costs associated with construction and maintenance of a sound barher wall, the safety and welfare of the public, the feasibility and alternatives to locating the wall within the described right-of-way and any environmental factors associated the proposed improvements. Due to minor design changes within the project and the correction of scrivenor's errors in some of the legal descriptions, it is necessary to process a new Condemnation Resolution. This Resolution supercedes Resolution 2000-446 approved by the Board of County Commissioners on November 28, 2000, Item 8(b)(1). ~,',',FISCAL IMPACT: Total acquisition costs are estimated at $1,784,145.00, and includes all land, !improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52. Funds in the amount of $1,784,145.00 are available in the Gas Tax Road Construction Fund for the Livingston Road Project Number 60071 and were allocated in the previous Girl and Purchase Resolution and Condemnation Resolution adopted on November 28, 2000. No additional funds are required. Funding source is Gas Tax. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE//52. RECOMMENDATION: That the Board of County Commissioners: Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; and (2) Adopt the attached Resolution authorizing the acquisition by condemnation of fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement interests and/or temporary construction interests by easement required to complete the six- laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road; and (3) Authorize the Chairman to execute the attached Resolution; and FEB 1 2001 Toni ~ Moi~,~Su~per~isor - Real Properly Management Department REVIEWED BY: REVIEWED BY: APPROVED BY: Mitch Riley, P.E., Senior Project ~wanager Transportation Engineering and Construction Management Department Stephen L. Miller, P.E., Director Trans~rtation Engineering and Construction Management Department NotatiOn Feder, Administrator Transportation Division FEB 1 3 2001 1 2 3 4 5 6 7 8 9 lO 11 12 13 ~:4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. 2001 - A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE, AND TEMPORARY DRIVEWAY RESTORATION EASEMENT INTERESTS FOR THE CONSTRUCTION OF THE SIX-LANING ROADWAY IMPROVEMENTS FOR LWINGSTON ROAD PROJECT BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD, CIE NO. 52. WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 99-13; and WHEREAS, the six-laning improvements to Livingston Road between Golden Gate Parkway and Pine Ridge Road is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes; and WHEREAS, additional state funds from the Florida Department of Transportation wiI1 be available in the event the County commences the six-laning of Livingston Road within the current construction project for Livingston Road, CIE No. 52; WHEREAS, the Board of County Commissioners has weighed the prospects of constructing six lanes now as opposed to constructing an additional two lanes in the future; and WHEREAS, the availability of additional funds for this construction will reduce the ultimate cost to Collier County taxpayers of a six-lane Livingston Road facility; thereby expanding the County's financial base for further public projects. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the six-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, (hereinafter referred to as "the Project") is necessar ' anu ~. ~j~-~l~.nrere~ in order to protect the health, safety and welfare of the citizens ofCe lie~~ FEB 1 3 2001 Page 1 42 43 44 45 46 47 48, 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 '76 77 78 79 80 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by tl.e Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project, in particular the availability of state funding for the six-laning improvements; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by ~he legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, and temporary driveway restoration easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessa~ to remove any mobile homes fi'om the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution supercedes Resolution 2000-446 approved by the Board of County Commissioners on November 28, 2000, Item 8(b)(1). This Resolution adopted on this __ and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of ,2000, after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ JAMES D. CARTER,--PH.D, Chairman Approved as to form and le~g'/~ufficiency~/ /EreCT. Chad(veil Assistant County Attorney Page 2 NoAG ~T FEB 1 3 2001 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION ,50, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION ,OF PARCEL 159 THE WEST 45.00 FEET OF THE NORTH ONE-HALF (I/2) OF TRACT 11. GOLDEN GATE ESTATES, UNIT NO, 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7. PAGE 57, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; CONTAINING 7425 5QUARE FEET OF LAND MORE OR LESS, SKETCH OF f.ARCEL 159 (NOT A SURVEY) GREY OAKS P.U.D. SCALE: I"= 50' (NOT PLATTED) [- 15' PROPOSED R.O.W. 178+00 ~ ~ 180+00 -20' EXISTING R.O.W. ~ COUNTY PROJECT NO. 60061 ~LIVINGSTON ROAD PHASE ONE ~c~ ~ +29.37 SECTION LINE AND--.X ~ +94.37 EAST LINE OF-~ 0.00 % --- SECTION 25 N SURVEY BASELINE '~ 0.00 "-'~\ N 00'16'00"W ~ J I/ ~ , t ' WEST LINE OF--/ SECTION ,~0 30' DRAINAGE t I , WEST 45' PARCEL 159 EASEMENT ('PLAT) 40' EXISTING D.E., PROPOSED R.O.W. -~ S.E. & U.E. COUNTY PROJECT NO. 60061 ,LIVINGSTON ROAD PHASE ONE CLYDE R. BENFIELD r HILDA BENFIELD ! O.R. 536, PG. 14 O.R. 1147, PG. 1211 ! TRACT 11 I' of ' G I ElVi ~- -N _ , , I FEB 1 3 200 GOLDEN GATE ESTATES UNIT N( '. 29 (P.B. 7, PG. 57) I pg /,.~S fiREPARED BY: ' .Fws,ON: i ///5//] ~ ' Illlll~i~]~ ~ . ': i V~AYN~' .D,~'~NOU. R~',. NO 5335 mmm 1/'8/01 I ...... I...I. SCALE: P~olw~ ~m. ~m. ~ ~-a~ ~rv,~r~ DRAWN/~; ~l~N DATE; NOV. @. 1999 ~,,.o,~c~...~ ~,s~ ~. ~ t~? T,a. ~ ~, CHECKED BY: WDA PROJECT NO.: 7841 ~.~,~,,,,mm..,~..~ ~.~ ~ ~,*.,{m~-~ FILE NO: 727'~ ACAD NO: 7274-1 FEE SIMPLE TITLE PROJECT: NO. 60071 SECTION 50, PROJECT PARCEL NO: TAX PARCEL NO.~l~l~4~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORID,~', DESCRIPTION OF PARCEL 160 THE WEST 45.00 FEET OF THE SOUTH ~50.00 FEET OF TRACT 12, GOLDEN GATE ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 7, PAGE 57° PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 6750 SQUARE FEET OF LAND MORE OR LESS. SKETCH OF PARCEL 160 (NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED) SCALE: I" = 50' 15' PROPOSED R.O.~ +94.37 0.00 WEST LINE OF--'/ $ECT70N 30 O.R. 556, PG. 14 SECTION LINE AND-, ~1 +4__4._37 "\ SURVEY BASELINE X J -0.00 __.~WEST 45' PARCEL160 - - 1 RO S -D RUSSELL BAISLEY PATRICIA M. BAISLEY O.R. 1147, PG. 1211 TRAC? SOUTH 150' TRACT 12 GOLDEN GATE ESTATES UNI? (P.B. 7, PG. 57) BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE PREPARED BY: ]~'e~e~lte]~,~ e~.j[aee~ra, p[~x~al~l, & t..u<:[ 182+00 EAST LINE OF--k SECT/ON 25 N 00'16'00"W 30' DRAINAGE EASEMENT (PLAT) O.R. 2036, PG. 2009 SCALE '~ DRAWN ~ JAN DATE: NOV. 9. 1999 CHECKF_.~ BY:~ PROJECT NO.: : 7B~1 FILE NO: 727. ACAD NO: 7274-2 FEE SIMPLE TITLE PROJECT: NO, 60071 PROJECT PARCEL NO: TAX PARCEL SECTION 50. TOWNSHIP 49 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 161 THE W~ST 45.00 FEET OF THE NORTH 180.00 FEET OF TRACT 12, GOLDEN GATE ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 8100 SQUARE FEET OF LAND MORE OR LESS. SKETCH OF PARCEL 161 (NOT A SURV£Y) GREY OAKS P.U.D. SCALE: ~"= ~0' ('NOT PLATTED) ~ 15' PROPOSED R,Q.W. t 182+oo ~ 184+oo ~ EAST LINE OF-X +44.37 SECTION LINE AND-\ +24.37 SECTION 25 O. O0 ~ ~ .... \ SURVEY BASELINE 0.00 \ N O0'16'OC"W WEST LINE OF-'// ~ [ SECTION 3D ,7,0' DRAINAGE WEST 45' PARCEL 16! EASEMENT ('PLAT,) PROPOSED R.O.W. %, SAL VA TORE C. GRECH O.R. 7147, PG. 1211 O.R. 2036, PG. 2009 O.R. 665, PG. 1850 TRACT 12 ~-- ,, NoAG N IT M GOLDEN GATE ESTATES UNIT NO. '9 FEB 13 2001 (P.B. 7, PG. 57,) 'g. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE ~ PREPARED BY: RFVf~ION: .s, .- ~/~/o~ SCALE: ¢/~"'5o DRAWN~, ~^N DATE: NOV. 9. 1999 Prc~fesslm~.] enitneer's, plizz,~e~'a, k And su.mmyo.m CHECK-~ BY: WDA PROJEC~ NO.: 7841 r..,~..~ *.o.,..,,.~., .... ta ~ ~ ss ~ ~,,,.,, (~,~-=~ FILE ~0: 7274 ACAD NO: 7274-,3 FEE SIMPLE TITLE SECTION .30, TOWNSHIP COLLIER PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO,~_O~u~O, 49 SOUTH, RANGE 26 _FAST COUNTY, FLORIDA DESCRIPTION OF PARCEL 162 THE WEST 45.00 FEET OF THE SOUTH 780,00 FEET OF TRACT 13, GOLDEN GATE' ESTATES, UNiT NO. 29 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 8100 SQUARE FEET OF LAND MORE OR LESS, SKETCH OF PARCEL 162 (NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED,) SCALE: 1" = 50' ~ 15' PROPOSED R.O.W. 183+00 ~ 185+00 +24.57 +4.37 0.00 --" ~. 0'-0--'~ \ \ SECnON 30 O.R. 2036, PC. 2009 SECTION LINE AND-,,. SURVEY BASELINE X __ __ tWEST 45' PARCEL 162 PROPOSED R.O.W. -~ JACK P. BIGELQW BARBARA L. BIGELOW O.R. 663, PG. 1850 EAST LINE OF'~ SECTION 25 ~ N 00'~6'00"W \ liD' ORA/NAGE EASEMENT (PLAT) O.R. 1563, PG. 2369 TRAC? l~ TRACT 72 SOUTH 180' TRACT 13 ~ ~O, , GOLDEN GATE ESTATES UNIT NO.tl FEB 13 2001 z, PC. 5z) ~cJ. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: 'Uu''U'u~I~ARI~F,R ,k ~ 1 Wv~vA'G'qF-/D. /',GNOLI, R,S.M. NO ,5335 IIlIiiDRUNDAG[~ ~ n~'a,~v~BY: JA~ nAT"' NP, V 9 1999 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO.~~:~ SECT/ON 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 165 THE WE~'7 4,5.00 FEET OF THE NORTH 150.00 FE~T OF ~ACT l J, GOLDEN GA~ ESTATES, UNIT NO. 29, ACCORDING TO ~E PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; CONTAINING 6750 SQUARE FEET OF LAND MORE OR LESS. SKETCH OF PARCEL 16~ (~OT A SURV~Y) GREY OAKS P.U.D. SC~L~: (NOT PLATTED) F 15' PROPOSED R.O.~ ~ ~AST LINE OF~ -I-4.37 SEC~ON LINE AND~ ~54.37 SECTION 25 0.00 x~ SURLY BASELINE ~ 0.~ ~X N O0'161'00"W ~5T LINE OF~ 30' DRAINAGE SECTION 30 ~sr 45' PARCEL 163 EASEMENT ('PLAT,) PROPOSED R,O.W. FREDERICK GARDNER JOAN GARDNER O.R. 665, PG. 1850 O.R. 1565, PG. 2569 O.R. 2026, PG. 2197 TRACT 15 NORTH 150' TRACT 13 T~CT AG~ITEM GOLDEN GATE ESTATES UNIT NO. 29 NO. (P.B. 7, PG. 57) FEB 13 2001 BEARINGS ARE BASED ON THE FLORIDA STA~ PLAN CO~D/NA~ S~T:M, [A~,' z~. ' PREPARED BY: mmmmiiUfiUNDAGE~ nRA~~ nAT,- NOV a ~aaa Ol EXHIB _ SECTION FEE SIMPLE TITLE PROJECT: NO. 60071 PROJECT PARCEL NO: ~ '" .' TAX PARCEL NO.~ 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 164 THE WEST 45.00 FEET OF THE SOUTH 150.00 FEET AND THE WEST 45.00 FEET OF THE NORTH 180.00 FEET OF TRACT 14, GOLDEN GATE ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 14,850 SQUARE FEET OF LAND MORE OR LESS. SKETCH OF PARCEL 164 ('NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED) {"- 15' PROPOSED R.O.W. l +54.37 0.00 '-% ~ ~ SECTION LINE AND-x, N ~ SURVEY BASELINE 188+00 JACOB NAGAR O.R. 2026, PG. 2197 TRACT SOUTH 150' TRACT 14 SCALE: 1" = 60' GOLDEN GATE (P.B. EAST LINE SECTION 25 N 00'15'00"W PROPOSED R.O.W. % 190+00 14 JACOB NAGAR O.R. 1575, PG. 525 NORTH 180' TRACT 14 ESTATES UNIT NO. Z, PG. 57) BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYST PREPARED BY: AGE,NO g No.._....~ FEB 1 2001 8/2Voo .,: /2// ,,~ ~ SCALE: 1"/,~' 60' DRA~ ~ JAN DA~:__~~ CHEC~ BY: ~A PROJECT NC.; ~841 FILE ~0: 72~4 ACAD NO: 7274-6 FEE SIMPLE TITLE PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO.,:~,~_L{~_~..~OC SECTION 50, TOWNSHIP 49 SOUTH, ?ANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 165A THE WEST $0.00 FEET OF THE SOUTH ONE-HALF (1/2) OF TRACT 15, GOLDEN GATE ESTATES, UNIT NO. 29. ACCORDING TO THE PLAT THEREOF, AS RECORDED tN . PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTA,,','G ~590 SQUARE FEET OF LAND MORE OR LESS. SKETC~ OF PARCEL 165A (NOT A SURVEy) GREY OAKS P.U.D. SC~L[: ~"= 5o' (NO T PLATTED) 15'PROPOSED R.O.W, 190+00 ~ ~ 192+00 +84.37 ~ +97.5~ EAST LINE OF~ 0.00 ~ o 0.00 5EC~ON 25 N N 00'~6'00"W ~ - ~ -- ~ .... ~ i I ~ST LINE OF $EC~ON ~0~ ~0' DRAINAGE ~ST 30' EASEMENT PARCEL 165A (PLAT) PROPOSED R.O.W. ~ ~ JAMES A. BOULTON M. ELISABE~ BOUL TON ~ O.R. 1241, PG. 492 P ~ TRA ~ ~ SOUTH 1/2 OF TRACT 15 A~N~ ITEM GOLDEN GATE ESTATES UNIT NO. 29 FEB 1 3 2001 (P.B. 7, PG. 57) ~ ~ PREPARED BY: ~ ~ ~ ~, ~. ~ ~ ~, .~ ~ .m i.~m~-m~ CHEC~ BY: ~A PROJECT NO~ AGE,NDA_ITEM No..~._~ '~~ FEB 1 3 2001 pg_ L~ FEE SIMPLE TITLE PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO.~ SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 166A THE WEST $0.00 FEET OF THOSE LANDS AS OESCRIBED IN OFFICIAL RECORD BOOK 2007, PAGE ,352, PUBLIC RECORDS OF CO£LIER COUNTY. FLORIDA. BEING A PART OF TRACT 75, GOLDEN GATE ESTATES UNIT NO. 29, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 6423 SQUARE FEET OF LAND MORE OR LESS. :;KETCH OF PARCEL 766A (NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED) 15' PROPOSED R.O.W. +97.38 0.00 '-"\ WEST LINE OFJ SECTION 30 TRAC7 GOLDEN NORTH LINE OF SECTION 25,j TWP, 49 S., RGE. 25 E. EAST LINE OF SECTION 25'-~ N 00'16'00"W t(PLA T) PARCEL 166A lYEST BASEL~E PROPOSED R.O.W.~ = 194~1~.58/ RONALD ~. ~LLIA~SON THE LODGINGS OF WYNDEMERE SECTION ONE 15 194+0( GATE ESTATES UNIT NO. 29 (P.B. 7, PC. (P.B. 15, PGS. 8-12) O.R. 2007. PG. 352 ,57) NORTH L,NE SECTIO~I O,/ SCALE: 1" = 50' ,~ Noo 9'59"W DRAINAGE O.R. 1203, PC. 992 94 h ~5' UTILITY AND DRAINAGE EASEMENT (PLAT.) '"-SOUTH LINE OF SECT;ON TWP. 49 5.~ ROE-. 26 E. eRARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST . PREPARED BY: RF V~SION: -- SCALE: 1"/-----~ 50' DRAWN ~ ~AN DATE: NOV. g. 1999 CHECK~ BY: W~A PROJECT NO.: 7~-1 FILE ~'0: 7274 ACAD NO: 7274-25 PROJECT: NO. 600,71 PROJECT PARCEL TAX PARCEL NO. ~~', SECTION 79, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA , ~KETCH OF RIGHT-OF-W~Y PA~PEL ~NOT A SURyEY) ~SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGRT-OF-WAY PARCEL) ~p ~ ~ ...... ~105' EXlS~NG R.O.~ I~ o ~ I ~ La S 89'50'22-W Z50 PREPARED BY: SHEET 1/~ 2 2/8/00 ~: ~ ~UND&GE~. DRA~ B~JAN DAT[~ NOV. 9. 1999 ._ _,,,,,.__ __._,,.,.._,,,, , ...... ~F~%. ~ ~,~ ~ ~ ~ ~ (N,~-~ FILE ACAD NO: 7~74-7 PROJECT: NO, 60071 PROJECT PARCEL_NO: ~ TAX PARCEL NO.~O,.~C: SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL ALL THAT PART OF PARCEL "C" ACCORDING TO THE WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 13, PAGE5 3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 49 SOUTH. RANGE 26 EAST, OLLIER COUNTY, FLORIDA; THENCE SOUTH 00'09'3~]" EAST ALONG THE lEST LINE OF SAID SECTION A DISTANCE OF 534.41 FEET TO THE POINT C:' BEGINNING OF THE PARCEL HERDN BEING DESCRIBED; ~HENCE CONTINUE SOUTH 00"09'38" EAST ALONG SAID WEST LINE OF SAID SECTION 19, A DISTANCE OF 547.02 FEET; THENCE LEAVING SAID WEST LINE OF SAID SEC770N ~9, NORTH 1214'43" EAST .34.91 FEET; THENCE NORTH 00'09'36" WEST 512~93 FEET; THENCE SOUTH ,~9'50'22" WEST 7,50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 472,5 SOUARE FEET OF LAND MORE OR LESS. AGENDA No._/~ ,[.~ ffM FEB ! 3 200I / - -~_...~,.~_~ ~'EARINGS ARE eASED ON THE FLORIDA $TAT~ PLAN COORDINAT~ SYSTEM. EAsT Z PREPARED BY: SHEET ~ y 2 iiili G,o,., 1/8/o, R.s.M. ,o. SCALD/~' ' DRAWN I~,'~: JAN DATE:' NOv. 9. 1999 CHECKED BY: WDA PROJECT NO.: 78~1 FILE NO: 7274 ACAD NO: 7274-7 PROJECT: NO. 60071 PROJECT PARCEL_NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY,) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) I I POC I /' I ~s;';~,.,~ I / ~ ~C~ ~9 : ~ ~ ~ ~_ ~ ~ SCALE: I" = 60' BEARINGS ARE ~ASED ON THE ~LORIDA STA ~ PLAN 000RDINA TE ~ %~,~, ~A. T 2/8/00 BY: 1/8/01 L~ ,~~~L R.S.~ N~5 ~,m. SCA ~f...~o~] .~..m, ~l.~, ~ ~ .~ DRA~~ DATE: NOV. 12. 199~ ~ ~ ~, ,~ ~-,-., w~ ~, ~ ~ .,. {.,~ ..... CHE~D BY: ~A PROJECT NO.: 7~1 ~ ~""'" ~ ~" ~ ~ I.l~-~ FILE~NO: 7~74 ACAD NO: 7274-30 PROJECT: NO, 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO.~_~oc SECTION 19, TOWi',ISHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "C'. WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PACES ..~ THROUGH 7, PUBLIC RECORDS OF' COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY* DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF' SECT/ON 19, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA: THENCE SOUTH 00'09'38" EAST ALONG THE WEST LINE OF SAID SECT/ON 19, A DISTANCE OF 584.41 FEET TO THE POINT OF' BEGINNING OF' THE EASEMENT HEREIN BEING DESCRIBED: THENCE CONTINUE SOUTIff D0'09'3.5" EAST ALONG SA~D WEST LINE OF SAID SECTION 19 A DISTANCE OF' ~63. O0 FEET; THENCE LEA~ING SAID HI, ST LINE OF SAID SECT/ON 19 NORTH 89'50'22' EAST 62.,50 F'gET; THENCE NORTH 00'09'3.5" WEST 163.00 F~ET: THENCE SOUTH 89*50'22' WEST 6750 FEET TO THE POINT OF BEGINMNG OF* THE EASEI~ENT HEREIN DESCRIBED; CONTAINING 11,OO3 S(2UARE FEET OF LAND WORE OR LESS. AGenDA ITEM No. 1~ :~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE 8-'.i/~://~ PREPARED BY: SHEET 2 ~.' 2~ mmmmmm ' ' RFV1SIDN: [ .,-, · ' ~'"~ '-- mmmmiiURUN~AGE~c, J DRA~ BY:/~N DA~' NOV 12 1999 UTILITY & MAINT EASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO.~o~ SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEYI (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) , ~u ~ I~ N ' ~ ~ 105' EXISTING R.O.W. i ~ ~ COUNTY ROAOWA Y ~ ~ = ~ ~ , .._ FEB 13 NO', ~: ~ ~ ~ I ~ ~ +80.~6 Z50 ~ ~ . :~ UN~ OAT~ ~ -- ~ ~ / L, S 00'13'38"E 57.40 ~ ~ ~ L2 5 00'15'36"E 308.89 ~ ~l~ L3 N 12'10'51"E 34.91 BEARINGS ARE BASED ON mE FLORIDA STAre PLAN C~RD/NAm S~mM. EAST Z~~ PREPARED BY: SHEET ~ 2 ~te~io~l ea~inee~, p~e~ & ~d e~m DRA~ ~ JAN DA~: NOV. 9. 1999 ~ ~ ~ ~, ~ t--~-' wm ~, .~, m -~.. i.~-m~ CHECK~ BY: ~,A PROJECT NO.: 7841 ~ ~ ~ ~"~, ~ ~ ~ ~,~ (.~}.~-,m ~ ..... FILE ~: 7~74 ACAD NO: 7274-8 SECTION 19, TOWNSHIP 49 PROJECT: NO. 60071 PROJECT PARCEL NO: L~__ TAX PARCEL SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL ALL THAT PART OF PARCEL "BB" ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP. AS RECORDEO IN PLAT BOOK 15, PAGE'S 39 THROUGH 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL ~BB"; THENCE SOUTH 00'73'36" EAST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 37 40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'13'36" EAST ALONG SAID WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 308.89 FEET; THENCE LEAVING SAID WEST LINE OF SAID PARCEL "BB" NORTH 72'70'51" EAST 34.91 FEET; THENCE NORTH 00'1,3'36" WEST 274.80 FEET; THENCE SOUTH 89'46'24" WEST 7.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2189 SQUARE FEET OF LAND MORE OR LESS. ^CEN ;rEM FEB 13 2001 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SY~TE~, EAST ZON~ P EPARED 2 RUNDAGE,~IlnuB~ RFV~SION: ' ~'Y/N,Z"/ AGNOLI, R.S.M. NO. 53'35 SCALE: ..,~EJ_,..~ ... DRAW~/43'f: JAN DATE: NOV, 9. 1999 CHE~;~'£D BY: WDA PROJECT NO.: 7~41 ...... FiLE NO: 7274 ACAD NO: 7274-8 '~ FE5 1 3 2001 PROJECT: NO. 60071 PROJECT PARCEL. NO: 7~ TAX PARCEL NO. 8.~~ SECT/ON 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE .SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) - o o I70' F.P.~.L. EASEMENT ('O.R, 640. PC. 232) I05' EXISTING R.O.W. LIVINGSTON ROAD COUNTY ROADWAY EASEMENT · +92,56 NOR,~,~FFEST CORNER PARCEL 'BB" 0.00 105' EXISTING R.O.W LIVINGSTON ROAD COUNTY ~AY~m ROADWAY EASEMENT BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE S~g~' PREPARED BY: ~ SHEET }/'/OF 2 iiiiiD¢"""" r / ,,¥A','~. A¢OL,. R.s.,,..o. -a-a-a-~-~-~RUNDIGIi:~. r I SCALE: ~t~/= 60' Prol',ssional ,n{t .... p]~ ..... & ~nd sur~yor~ [ J DRAWN/~__~ DATE: NOV. 12. 199,9 c,~. ~*~ ~,o~, ,m n.d.7 ~ h,-L ,~. ~K,~ Nm~,'~ , J J ~ E . ROJECT NO.. 7841 ~ ........ ~ ,~ B ~ ~-,, (-,~-~, ~ ~ FlEE ~fO: 7274 ACAD NO: 7274-~I SEC TI ON EXHII PROJECT: NO, 60071 PROJECT PARCEL NO: '7~.JE--~ TAX PARCEL NO. 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EA,?~'MENT OVER AND ACROSS ALL THAT PART OF PARCEL 'BB". REPLAT OF' PART OF W'f'NDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF'. AS RECORDED IN PLAT BOOK 13, PAGES 39 THROUGH 43, PUBLIC RECORDS OF COLLIERCOUNTY, FLORIDA, BEING MORE PART?CULARL Y DESCRIBED AS FOLLOW5', BEGINNING AT THE NORTHWEST CORNER OFSAID PARCEL 'BB"; THENCE NORTH 89'35'49' EAST ALONG THE NORTH LINE OFSAID PARCEL '88" A DISTANCE OF 48.50 FEET; THENCE LEAVING SAND NORTH LINE OF SAIDPARCEL "BB" SOUTN EAST 51.20 FEET: THENCE SOUTH 89'46'24' WEST 48.,50 FEET TO AN INTERSECT?ON WITH THE WEST LINE OF' SAID PARCEL "~B"; THENCE NORTH 00"13'36' WEST ALONG THE WEST LINE OF SAID PARCEL 'BB' A DISTANCE OF 51.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2480 SQUARE FEET OF LAND MORE OR LESS, AGENDA ITEM No. BEARINGS ARE' BASE'D ON THE FLORIDA STATE PLAN COORDINATE $YS'IE'M, EAST Z'ON'E~ PREPARED BY: SHEET '~ mBmmmm~RUN1)~G~,~.:, RE~SION: ...... SCALE: ~ DRAWN B/Y,/'_~ DAI'E: NOV. 12. 1999 CH£CKE[;~/BY:__.WDA PROJECT NO,: 784t FILE N~ 7274. ACAD NO: 727,~-3! UTILITY & MAINT. EASEMENT AGENDA ITEM FEB; 3 2001 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. O__.~C;~,~ SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEY) (SEE SHEET 3 OF 5 FOR DESCRIPTION OF EASEMENT) MA TOHLINE SEE SHEET 2 OF 5 , I o f05' ~ 5CA~.' 1' = ~00' EXIS~NG R.O.~ LI~NGSTON ROAD ~l~ EA~MEN T m{ ~ ~ + ~ , ~+1~ ~ I ~ z ~ ,.~ BEARINGS ARE BASED ON ~E FLORIDA STA~ PLAN COORDINA~ 5YS~M, EAST ZO~ 8J~O. PREPARED BY: SHEET [~ ~ 2/25/00 BY: / / ~ ~/' ~...~,~ ~ ~o/~/oo mmmmmm~ SCALE: ~_ Jw.wmm~RUNDAGE~. 11/15/00 DRAWN B~ ~AN DATE: NOV. 9. 1999 ~~.v~..~,-=,~.~z.l~,~-..~ I 1/8/01 CHECKE~: ~A PROJECT NO.: ~. ~*~,u. ~ ' , (.~-~ FILE NO: 7274 ACAD NO: 7274-10A ~4 I fO5' SCALE.' t' EXISTING R.O. F~ LIVINGSTON ROAD ~J~ EA~MEN T m{ ~ ~ I ~ (P.S. t~. PGS. 3-7) SECTION 19, TOWNSHIP 49 SOUTH, PROJECT: NO. 60071 I PROJECT PARCEL NO: TAX PARCEL NO. RANGE 26 EAST COLLIER COUNTY, SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, MAINTENANCE EASEMENT (NOT A SURVEY.) (SEE SHEET $ OF 3 FOR DESCRIPTION OF EASEMENT) - PG. 205; FLORID A UTILITY AND N SCALE: 1' = I00' (O.R. ,735, PG. 2042) ~, ~ EXHI~:IIT "A-l" - ~GENDAITEM "' FEB 1 3 200! MATCHLINE SEE SHEET I OF' $ Pg' ~'~/~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINAT~ SYSTEM EAST ZONE. PREPARED BY: ~HEET ~ ~F 5 2/25/00 WA~lff~IE/.~.,NoLI R.S.M. NO. 5335 10/16/00 SCALE: 1_!~_~00' ' * 11/15/00 DRAWN BY~_J~I~L_ DATE: NOV. 9. 1999 1/8/O1 CHECKE~I~Y: WDA PROJECT NO.: 7841 FILE NOT 7274 ACAD NO: 7274-1OB PROJECT: NO. ~ pROJECqF p AR CE'-~-'~: TAX pARCEL NO. ___.----.--- SECTION19, TOWNSHIP 49 sOUTH, RANGE 26 EAST COLLIER cOUNTY, FLORIDA DESCRipTio~AY DRAiNAGE UTILITY AND USNECT, O~ ,g, TO.SHiP 4g S~ c~TAiNiN~ O, gl ACRES OF LAND ~E OR LESS. AGENDA iTEM No./~k/~_ /' FEB 13 2001 BEARINGS ARE BASED ON THE FLORIDA sTAT~ PLAN CooRD~N'~ ;~ sYSTEM, EA.~T pREPARED BY: ~'¢: DATE: ~ pRoJECT NO.: .__-/-,~'.'.'.'.~- AcAD NO:~ AGENDA [,TEM No._ i (2-'~5I -- FEB 1 3 2001 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO.(~I~,~=._~ SECTION 19, TOWNSHIP 4-9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY.) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT.) 170' F.P.~L. EA,~EIvlENT (O.R. 640. PG, 232) 105' EXISTING R.O.W. I, JVINGSTON ROAD COUNTY ROADWAY EASEMENT PARCEL I05' EXISTING R.O.W. LIVINGSTON ROAD COUNTY ROADWAY EASEMENT BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COOROINATI~ SYSTEM, EAST ZONE PREPARED BY: SHEET /OF Pr~lto~,l e3a~L~eera, p~az',s~en. & 1~.3ad i~.~'~I LffiEMlSlON: 'W~Y~,/~/AGN~OU, R.S.M. NO. 5335 SCALE: ~= ~0' DRAW~: JAN DATE: NOV. 12. 1999 CHE~ BY: ~A PROJECT NO.: ]841 FIL~O: 727~ ACAD NO: 7274-32 '' PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA D£SCR!P. T(QN, .OF T~.MpOR.AR'( DRIVEWAY RE$TOR.A TI.ON EASEMENT NORTH ONE-HALF OF S~CTlON lg, TOWNSHIP ~g SOUTH, RANGE 26 EAST. COLDER COUNTY, FLORIDA, BEING MORE PARTICULARLY DES, CRISED AS FOLLOW5, ~tEC~t, INING AT THE NORTHWNEST CORNER OF PARCEL '68' R'EPLAT OF WYNDEMERE TRACT MAP, ACCORD/N: TD THE PLAT THEREOF, AS RECORDED JN PLAT $00K 13. PAGES 39 THROUG~ 43. PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00't37'36" Hf~$T ALOt~G THE WEST L/N£ OP SAID SEC,YlON 19 A DISTANCE OF 24.9.5 FEET; THENCE LEAVfNG SAID WEST LINE OF SAID SECTION 19 NORTH 89'46'2$" EAST 48.50 FEET; THENCE SOUTH 00'15'56" EAST 24.80 FEET TO AN tNTERSECDON ¢,.1TH THE NORTH LINE OF 5AID THENCE SOUTH 89'35'4.9' VIEST ALONG THE NORTH LINE OF SAID PARCEL "66" A OISTANCE OF 48.50 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRy'BED, CONTAINING 1204 SOU,ARE FEET OF LAND MORE OR' LESS, FEB ! 3 2001 BEAR(NG$ ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZON~~' PREPARED BY: smE£T ~g/~D'F 2 · mwawm ........ SCALE: ~wmwwm DRAWN I)'?:/JAN DATE: NOV. ~2. 1999 EXHIBrT...A_ SECTON 19, Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement SKETCH OF DRAINAGE EASEMENT (NOT A SURVE'~) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF DRAINAGE EASEMENT) PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO.~J~¢-. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SCALE; 1" = 250' SECTION 24, TOWNSHIP 49 SOUTH, RANGE 25 EAST 236+ 00 238+ 00 240+ O0 242+ 00 TRACT D -- -~-- -- 110' FP&L EASEMENT _~_ (O.R. 165, PC. ~ c ~ ~ (O.R. 538, PC. 964) ~AST~ I~ ~ ~ 170' FP~L EASEMENT F15' ~DE UTILITY EASEMENT C~NER ~ ~ PROPOSED} ~ I (o.R. ~40, PG. 252) I (O.R, 1572, PG. 899) PARCEL 'BB' R 0 ~ ~ I . 3oU~ '~ SECnO~ 24 X~o~x ..... r ~ ~ P.O.B. ~ ~15' U~LI~ EASEMENT SECTION m (O.R. ~728, PG. 1555) ~ (C.U.SJ ~ DRA/NAGEEASEMENT (POND) ~ ~ d U ~ ~ ~ MARIAN HOLLY LE~S ~ 0 ~ ~ z VILLAGE P.U.D. ~ ~ . MA TCHLINE SEE SHEET 2 OF ~ ~ CUR~ TABLE ~UR~ DELTA RADIUS ~ CHORD CH~ 'RD BEARING BEARINGS ARE BASED ON THE FLORIDA 5TA~ PLAN COORDINA~ PREPARED BY: ...... ~ I SCALE: ~ 250' iiiiiiDiUND~G[~. ~ 1/8/01 } DRA~¢ JAN DATE' JAN 26 2000 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SK~"TCH OF .DRAINAGE EASEMENT (NOT A SURVEY) (SEE SHEET 3 OF 3 FOR DESCRIPTION OF DRAINAGE EASE~fENT) SCALE: t~ = 250' CURVE TABLE CUR ~ DELTA RADIUS ~R~ CHORD CHORD BEARING CI 26~3'35" 725.00 3~1.86 328.97 S 77~7'23" C2 26'13'35" 475.00 217.43 215.53 N 77"17'2~" W MATCHLINE SEE SHEET I OF 3 ~ ~.. ~ ~ ~ ~ MARIAN HOLLY LE~S ~ ~ ~ PROPOSED LtVif,iGSTO~,~ :~ ~ ~ VILLAGE P.U.D. ~ ~ O.R. 588, PG. 524 ~: ~:~ ~ ~ ~ oo'~'~"w ~ 174.1~ NORTH-SOU~ OUAR~R SECTION LINE~ ~ I ~ AGENp&j~M FEB I 3 200~ i BEARINGS ARE BASED ON ~E FLORIDA STA~ PLAN COOROINA~ S~M, EAST PREPARED BY: . SHEET ~OF ~ SCA~250' ~AU~AG~... 1/8/01 DRA~ JAN DATE: JAN. 26. 2000 ~ ~ ~ ~ = ~ ~ ~ ~ ~, ~ FiLE NO: 7274 ACAD NO: 7274-40B Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement SECTION 19, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO, TOWNSHIP 49 SOUTH, RANGE 26 EAST CCLLIER COUNTY, FLORIDA DESCRIPTION OF DRAINAGE EASEMENT "THE POND" A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE NORTH ONE-HALF OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "6'B" REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK ~5, PAGES 39-4,3, PUBLIC RECORDS OF COLLIER COUI~TY, FLORIDA; THENCE NORTH 69'55'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB" A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89'55'49" EAST ALONG THE NORTH LINE OF SAID PARCEL ~BB" AND THE NORTH LINE OF WYNOEMERE TRACT MAP AS RECORDED IN PLAT BOOK 15, PAGES 5 THROUGH 7, PUBLIC RECORD5 OF COLLIER COUNTY. FLORIDA, A DISTANCE OF 2279.25 FEET; THENCE LEAVING SAID NORTH LINE OF SAID WYNDEMERE TRACT MAP NORTH 00'15'$6" WEST 174.13 FEET; THENCE SOUTH 89'55'49" WEST 691.70 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAV~ NORTHERLY AND HAVING A RADIUS OF 725.00 FEET; THENCE W~STE'RLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 26'15'35" AN ARC DISTANCE OF 551.86 FEET TO A POINT OF TRANGENCY; THENCE NORTH 64'~0'56" WEST 475,24 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 475,00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 26'15'55" AN ARC DISTANCE OF 217,45 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89'55'49" W~ST 629,90 FEET; THENCE SOUTH 00'15'56" EAST 507.69 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 17.42 ACRES OF LAND MORE OR LESS. AGE~IDA,,ITEM No. / &?,,~j / FEB 13 2001 Pg. ~.~,~C',~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM. EAST ZON.~.,,~O. PREPARED BY: 1'~ SHEF7'T'~ OF .5 Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement PROJECT: NO, 60071 PROJECT PARcFL NO: TAX PARCEL SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT ('NOT A SURVEY.) Y'--),, ~---g:::::::=~ (SEE SHEET ,3 OF 5 FOR DESCRIPTION OF DRAINAGE EASEMENT.) SCALE: 1" = 250' SECT70N 24, TOWNSHIP 49 SOUTH, RANGE 25 EAST TRACT D 236+00 238+ O0 240+ O0 242+ O0 ~ -T '~ 110' FP&L EASEMENT ~ '?~,,..,..r ','~~ 125' FP&L EASEMENT ' ~ 170' FP&'L EASEMENT 15' PROPOSED R O · (O,R. 640, PG. 2,t2) 120' PROPOSED R.O.W. 0 ~_) ' WEST LINE OFd P O C 7 V~ .~ CORNER OF _ ~ ~ ©.R. 588, PG. 524 60.00 WALLACE L. LE~qS, dR. ~ MAR/AN HOLLY LE~S ~ ~ ~ ~ ' ~ ~0' PROPOSED DRAINAGE CASEMENT AGENDA. TEM MA TCHLINE SEE SHEET 2 OF 3 FEB 1 3 2001 BEARINGS ARE BASED ON THE FLORIDA STA~ PLAN COORDINA~ S~j~, EAST 2~3/90. PREPARED BY: mwwmwm RUND%GE,~. DRA~Y: ~,N DATE: ~A~. 26. 2000 SECTION 19, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF DRAINAGE EASEMENT) PROJECT: NO. PROJECT PARCEL NO: ~ TAX PARCEL NO. RANGE 26 EAST SCALE; I" = 250' MATCHLINE SEE SHEET 1 OF 3 ~ ~ WALLACE L. LEWIS, JR. ~,~ m o~ MARIAN HOLLY LEWIS ~ pROPOSE[.~ LtV!NGSTON .... ~. = ,..,. AGENDA iTEM No. ,iLiA / FEB 1 3 2001 ~N 00'42'56"W 60DO ~S~RLY R.O.W. LINE 1-75 (R.O,~ VARIES~ S.R. 9~ 60071 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST, Z,,~ PREPARED BY: a $HEE~T//2 JJJI~GNOU 1 8 O1 BY , illill sc = ~ ' ' Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement - PROJECT: NO. 60071 PROdECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA , DESCRIPTION OF DRAINAGE EASEM.ENT "THE CANAL" A DRAINAGE EASEMENT O~R, UNDER AND ACROSS ALL ~AT ~ART OF ~E NORTH ONE-HALF OF SEC~ON 19, TO.SHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNT~ FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOL ~ 0 COMMENCING AT ~E NORTH~ST CORNFP OF SAID SECTION ~9, ~ENCE SOUTH 00'~'5~" EAST ALONG THE ~S" LINE OF SAID SECTION ~9, A DISTANCE OF ~26.~6 FEET TO THE NOA:THWEST CORNER OF PARCEL ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT ~AP AS RECORDED IN PLAT BOOK ¢5, PAGES ~9 THROUGH 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'55'49" EAST ALONG THE NORTH UNE OF SAID PARCEL "BB" AND ~g NORTH LINE OF WYNDEMERE TRACT MAP AS RECORDED IN PLAT BOOK ~, PAGES 5 THROUGH 7, PUBLIC RECORDS OF CO~UER COUNTX FLORIDA. A DISTANCE OF 2309.25 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED,' THENCE CONTINUE NORTH B9'35'49" EAST ALONG SAID NORTH LINE OF SAID WYNDEMERE TRACT MAP A DISTANCE OF 2586.55 FEET TO AN IN~RSECTION ~TH THE ~STERLY RIGHT-OF-WAY LINE OF 1-75, S.R. 95; THENCE NORTH 00"42'56" WEST 60.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 89'55'49" ~ST 2586.04 FEET; THENCE SOUTH 00"15'36" EAST 60.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 3.56 ACRES OF LAND MORE OR LESS. AGENDA ITEM No._ /~,~ t , FEB 1 3 2001 ,r BEARINGS ARE ~ASED ON ~E FLORIDA STATE PLAN COORDINA~ S~M, E~ST ZOI~/~O. PREPARED BY: ~ SHES T//J/OF 5 ,,,.~,ou 1/8/01 ,": ~--~ ,, "iiiiB ~. ~ - - { ~AY~ ¢ AGNOLI, ..S... NO, 5335 !:lllj~" ~ ,P . y ~ . -.. . . ~ ~,~~ ~~s(~v-~a~a I cl~: 7274 *¢~ NO' 7~74 41~ SECTION 18, lPERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE, UTILITY & MAINT. EASEMENT PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO.~.~Z~ ¢ TOWNSHIP 49 SOUTH, RANGE 26 EA$'~ COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEY) (_SEE SHEET 2 OF 2 FOR ~£$CRIPTION OF EASEMENT) o + (.4 o + o CAROL A. KNOT$ON, AS CO-TRUSTeE 1 J~AN E. YOUNGER, A5 CO-TRUSTeE I~ O.R. 1681, PG. 242 ~ PRO, POSED ~"~un~" ~un SCALE: I" ~ 100' 120' PROPOSED R. OW. P0. 2057) __ _~c~.~)_ No. i~' ',~ FEB 1 3 2001 q sou~ L,~E o~' SECr, O~ 'L_ I r,~ ~ s., RGE. ~_~.___ U~LITY EASEMENT -- - ~4~ ~R~I~ EASEMENT (O.R. 1572, PG, 887) i(O.R. 1735, PG. 2042) ~ C.U.E,) ~1 ~EXHIBIT "A-I" BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PR:ZPARED BY: .~'htE~T./~' O~- 2 =:::~o~ ~o/~/oo / .~: ~/--~ -- 1 ~ AGNOLI, R.S.M. !11111~,~,~,.,. ] ;~[(:~ ' DATE: NOV. 9. 1999 ........................... [-~) ........ / CH~D BY: ~A PROJECT NO.. 7~4! ~u ~,~. ~ ~ ~.~ ~., ~. ~ ~, I~*)=~,-atu / FIL~O: 7274 ACAD NO' 7~74-! 1 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ,DESCRIPTION OF RQAD RIGHT-OF-WAY, DRAINAGE, UTILITY AN,D MAIN TENANCE EA SEMEN T A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST .30.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOVVNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; CONTAINING 0.45 ACRE5 OR LAND MORE OR LESS. i AGENDA ITEM No. /US.I .., FEB 1,3 2001 BEARING5 ARE BASED ON THE FLORIDA STATE' PLAN COORDINATE SYSTEM', EA£T ZO~N~O. PREPAEED BY: .... /~..~HE/E,.~,,"/2' OF 2 10/16/00 ii!1i%.o,_, ""i~, w~('~. ^;NO'U, 'R.s.~. 'NO. 5.~'~ wwwm RB~I~ ~ 1/8/01 """"F-"~] SCAL~.._~e~.~ ~_ wmmwm RUNPAOE,m~. DRAWN///BY: JAN DATE: ,, NOV. 9. 1999 ~ ~ ~ ..,. ,~ ,...~.~ w.a, ,,.,.a,, ~.~,, .. ~u. (,.~,),,,-,,,, CHEC.~D BY: WD?,, PROJECT NO:i ~,,c..,~, ~...,~:.~m_a.,,,~-ze~..~. .m~...,sm,~,im,)~.-,j~. FILE~'NO: 727~- ACAD NO: 7274-11 PEI~PETUAL, NON-EXCLUSIVE ROAD K1GHT-OF-WAY, DRAINAGE, UTILITY & MAINT, EASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: ~,~ TAX PARCEL NO.O..~,.j~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF EASEMENT,) t20' PROPOSED LI~NGSTON ROAD · I 120' PROPOSED R.O.W. [LI~NGSTON ROAD BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM,' EAS? Z7~ ~$~'90. ~/8/m ] ~A'~ ,~, .~ ~m, t~ t~ ~, ~ ~ ~ ~oa I~ ~.~-.~ ~ CHEC~BY: ,, ~A PROJECT NO.: 7~41 PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANG,_;- 26 EAST COLLIER COUNTY, FLORIDA . DES.CRIPTION OF ROAD RISHT-O.F-WA.Y, ORAlNAG.E, .UTILITY ...AND MAIN TENANCE EASEMENT A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE Wi~ST 30.00 FEET OF THE SOUTH ONE-HALF OF THE SOL ;': ONE-NALF OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE- OUARTER OF SECTION 18, TOIGWSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING g, g00 SQUARE FEET OF' LAND MORE OR LESS. AGENDA.ITEM No. If,,,/'6 1 FEB 13 2001 BEARINGS ARE ~'ASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM.. I:'AST ZONE/~ PREPARED BY: SHEET '.~2,//OF' 2 .,..='. ..... R£,~S~ON: ' ' ' - ~ ,/'- 2 · "-"-'.'~o~ou io/i6/oo .~: __,,-'~/' ' I.~.m~nARBE~ & 1/8/01 SCALE' N .~ llllll!~oN~,~c,~--. 0~AW~ a~ DATE: NOV. 9. 1999 ~m ~.~.,~ ~~(~,m~-,~. r~r ~ 7274 ACAD NO: 7274-12 AGENDA I~EI~ No._ FEB 13 2001 PROJECT: NO, 60071 PROJECT PARCEL NO: TAX PARCEL NO.00.~~ SECTION 18, TOWNSHIP COLLIER SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVE~ (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) HIWASSE, INC. (O.R. 1695, PG. 605,) EAST-WE'ST-~ ON£-OU,~R TER \ ~E'C~?OIq LINE' TRACT D KENSINGTON PARK PHASE ONE (P.B. 21, PGS. 62-67) TRACT 7 KENSINGTON PARK PHASE ONE (~,.e. 2;, PGs. 62-6z) '~ 20' BUF~R J EASEM£NT (~U~ T) 49 SOUTH, RANGE 26 EAST COUNTY, FLORIDA f RESTORATION £ASEMENi (N, T A SL ' TEMPORARY DRIVEWAY RESTORA 'ON ~SEMENT, I = = I ~ ~Q I [~;'RIEDA HOUGH T~ I~ I ~ I ~LAND I ~ ~ 0.~. 2~27 PG. 535 ..1~'¢ I ~"1~ ~.::~ -. J ~J~ ~1 i ....... ~--~ ~ I~ a F,P.~'L RIGHT--OF. (O.R. 6~4. PG. 1196) BEARING5 ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZO PREPARED BY: SHEET/K/OF 2 iiiII~o" ~.ro~t.~../~'~/ /' ...... ~ I sc,~[~ ~o' D ~ B ~AN DATE NOV 18 1~ ¢~ ~m ~u ~. ~ ~ ~. ~, ~. ~ ~. t.~-m~ I CHECKE~Y: ~A PROJECT NO.: 7841 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTt.ON OF TEM...P. ORARY .D..R.!VEWA ¥ .RE.STORA. TION £ASEMENT A TEMPORARY ORIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF THE SOUTH (1/2) OF THE SOUTH (1/2) ~F' THE NORTHWEST (1/4) O,c THE SOUTHWEST (I/4) DF S~CTION 16. TOWNSHIP 49 SOUTH. RANC,,~' 26 EAST. COLLIER COUNT'f, FLORIDA, BEING MORE PART'JCULARLY DESCRISEO AS FOLLOWS; COM~fENC~NG AT THE V~ST ONE-QUARTER CORNER OF SAID SECTION 78; THENCE SOUTH 00'09'57" EAST ALONG THE WEST LINE OF' SAID ,SECTION 18, A DISTANCE OF 990.54 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED: THENCE CONTINUE SOUTH DD"D9'57' EAST ALONG THE WEST LINE OF' SA.~D SECTiON ~$, A DISTANCE OF' 2;'.41 FEET; THENCE LEAI4NG THE WEST LINE OF SAID SECTION 78, NORTH B9~50'OZ~ EAST 50.00 FEET; THENCE NORTH 00"0g'57" WEST 27.62 FEET; THENCE SOUTH B9'55'3,.,t." W~ST 5000 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING t$76 SQUARE FEET OF LAND MORE OR LESS No.'~,.~ . i' FEB B£AF~INGS ARE BASED ON T~E FLORIDA STATE PLAN COONDINATE SYSTEM, EAST ZONE PREPARED BY: SHEET 2,~F 2 ' ' ' ' :' )-z JJJJJJ~~' DRA~'"/N B¥:Z::~N~ DATE: NOV. 18, 1999 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEM]ENT SECTION 18, SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, MAINTENANCE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF EASEMENT) PROJECT: NO. ~0071 I PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA UTILITY AND EAST o FEB 1 3 2001 _ I BEARINGS ARE eASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, E_AST ZONE PREPARED BY: S;-,'EET I ~ ' ~..m WA OLI R S M NO 5335 J~ ~'~--~ PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO, SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA D£S.CRIPTION OF ROAD RIGHT-OF-WAY, DRAINAGE', UTILITY AND MAIN TENANCE EA SEMEN T A ROAD RIGHT-OF-WAY. DRAINAGE. U~LITY AND MAINTENANCE EASEMENT UNDER AND ACROSS ~ ~ST 30.00 FEET OF THE NOR~ ONE-HALF OF THE SOUTH ONE-HALF OF ~E NORTH~ST ONE-QUAR~R OF ~g 5OUt,ST ONE-QUAR~R OF SECTION ~6. TO,SHIP 49 5OU~. RANGE 26 EAST. COLLIER COUNTY. FLORIDA; CONTAINING 9.900 SQUARE FEET OF LAND MORE OR LESS. : FEB 1 3 2001 BEARINGS ARE BASED ON THE FLORIDA STA~ PLAN COOROINA~ S~M, EAST ZONE ~0. PREPARED BY: SHEET 2~F 2 1,11,~ ' ' ~oN~' ' ' - / ~//. -. mm mmm~ - ~C L .' N~. mm~m.m~RUNDAG~. DRA~ B~ DATE NOV. 9. 1999 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) I HIWASSE, INC. 18~ i~l ~ I PJ.~RIEDA HOUC.~iTON ~ ~ERL~D (O.R. 1695, PG. 605) I~~ I~ ~i O.R. 2f27, PG. 535 EAST-~ST~ ~ .~ ~ , ~ 7 m, N ~ACT D ~1 ~ ' z +~ , ~ ~ - ~ , SCALE: KENSINGTON PARK ,~ ~ I PHASE ONE ~ ~ ........ ~- (P.B. 21, PGS. 62-67) d ~: ~,..~,..? KENSINGTON PARK I PHASE ONE ~ ~ ~'~: ~o~ ~,,'4 ~ d (P.B. 21, PGS. 62-67) ~ ~ I~ ~ ~ ...... o I ~ d .4 o I ~ ~ ~: + ~90 I~ / I F.P.~. ~T-~-WAY A~EUEN7 I ' ~ (o.e. 614. P¢, H96) I ' ~d I , , BEARINGS ARE BASED ON ~g FLORIDA STA~ PLAN COORDINA~ S~ EM~ST Z~E 83 ~, ~' PREPARED BY: --- NO~ Illii~.s" · 1/8/01 BY: ~YN~GN~ R.S.M. NO. 5335 fiole~to~] e~eem. plm~ k l~d ~u~ DRA~ JAN DATE: NOV. 18, 199~ ~ = =' ',= ~ ~ ~," -,- <-,~ ..... c~[c~ eY: ~A PeOJECT NO.: ~ ~ ~ ~ ~ ~ ~ ~ ("~'~ FILE ~O: 7274 ACAD NO: 7274-~ PROJECT: NO. 60071 PROJECT PARCEL NO: 770 TAX PARCEL NO. SECTION 18, TOWNS'tIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF THE NORTH (1/2) OF THE SOUTH (1/2) OF THE NORTHWEST (I/4) OF THE SOUTHWEST (I/4) OF SECTION 18, TOI/vNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR'~CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 0D'09'57' EAST ALONG THE WEST LINE OF SAID SECT/ON 16, A DISTANCE OF 967.75 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'09'57' EAST ALONG THE WEST LINE OF SAID SEC'RON 18, A DISTANCE OF 22.59 FEET; THENCE LEAVING THE WEST LINE OF SAID SECTiON lB. NORTH 89',55'55' EAST 50.00 FEET; THENCE NORTH 00'09'57' WEST 22.38 FEET, THENCE SOUTH B9'50'02' WEST 5D. 00 FEET TO THE POINT OF BEGINNING OF THE EASEk4ENT HEREIN DESCRIBEO; CONTAINING 1124 SQUARE FEET OF LAND MORE OR LESS. AGE~N,~I~ITEM No. ! [,.. ~,/-51 FEB_ !3 2001 BEARINGS ARE BASED ON ~E FLQRIDA STA~ PLAN COQRDINA~ 5YS~M, EAST ZON[ ~ PREPARED BY: SHEET 2 ~ 2 RE.SION: 1/8/'01 BY: //";t ~ /~ .~ SCALE~~ DRA~ B~N DATE: NOV- 1~. 1999 CHECKERS: ~A PROJECT NO.: 7~1 FILE N~;./ 7274 ACAD NO: 7274-36 EAST-WE: ONE-QUARTER SEC~ON LINE T~ACT D KENSINGTON PAF PHASE ONE (P.B. 21, PGS. 62-67 ~0(4 --1 ELFRIEDA HOUGHTON SUTHERLAND, TRUSTEE OF ELFRIEDA HOUGHTON SUTHERLAND REVOCABLE T~UST UTILITY EASEMENT O.R. 2157, PG. 955 0 R. 1729 PG. 3e5 (C.U.E.) ' HORSE FARM BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, FAST ZONE PREPARED BY: SHEET 1 ~ I~rm3.mmmm'ma-~.RUNDAG~"" I 1 SCALE:. r :/:~0' .S.M,---.-.-.-.-.-.~--~J; 5,.355 mona~ e~inee~,"~, planl~e~, & land mArveyom DRAWN - E:_ NOV. 9. 19c~9 ;-%=' ' ~ ' ;~ ~. ~ ~ (~ ~t CHECKED PROJ T " ,1~-~ CAD NO: *~27~-14 SECTION 18, TOWNSHIP 49 SOUTH, COLLIER COUNT¥, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. RANG,£ 26 EAST FLORID A DESCRIPTION OF ROAD RIGHT-OF-WAY, DRAINAGE, MAIN TENANCE EASEMEN T A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER. UNDER AND ACROSS THE' WEST 30.00 FEET OF THE NORTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-OUARTER OF SECTION I~, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 0.45 ACRES OF LAND MORE OR LESS. UTILITY AND AGENDA ITEM No. ! FEB ! 3 20111 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE S~$'TEM, EAST ZONE~O. PREPARED BY: ~EET :~k 2 ltll~.ou mA~/oo I sY: / ~/./ ' , ~ ~ .... I WA~ D~OLI, R.S.kl, NO. 5~35 ~ ~ ~CAL[' N T~ ...... I DRA~ B~ D TE. NOV. 9, ~~.~~ ~l~-~ FILE N ACAD NO. 7274-14 AG~E--~ DA ITEM No._ i~ ! - FEB 1 3 2001 ~~~ PROJECT: .O. ~oo7~ PROJECT PARCEL NO: TAX PARCEL NO.(~..Z{:;~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) ('SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) ' o + .. "~"~- ~'"'" SCALE: ~ ~ 60' " ~ ~ST 26~' OF SOU~ ~/2 OF SOU~ ~ i OF souTH~ST ~/~ OF ~OR~Sr ~/~ ~ OWHER~HiP SUBJECT TO CURRENT DEED OF ' ~,~' ~ ..... ~ ~ " N ~1 (o.~. ~z ~o. ,~e)I ~ , ..... _ ~ ~ ~ '~, ., ~ ~~ u-~l~,--~,.- I~ I ~ , I ~ ~ " BEARINGS ARE BASED ON ~g FLORIDA STA~ PLAN C~RDINA~ S~M, EAST ZONE ,, pREPARED BY: ...... ~HEET 1 ~2 I===~AR~ER a ' ' ~~GNOLt, R.S.M. NO. 5335 IIIII~.~.~=,.' SCALE: ~/~ 60' DRA~: JAN DATE: NOV. 18. 199g ~t~,lo~ .~..... ~.., a ~d ~. CHE~D BY: ~A PROJECT NO.: 7841 {.~ FILE~O: 7274 ACAD NO: 7274-37 PROJECT: NO. 60071 PROJECT PARCEL NO: "J'"'J' | TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF THE NORTH (1/2.) OF THE NORTHWEST (1/4) OF THE SOUTHWEST (1/4,) OF SECTION 18, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 18: THENCE SOUTH 00"09'57' WEST ALONG THE WEST LINE OF SAID SECTiON t8. A DISTANCE OF 29.97 FEET; THENCE LEAVING THE WEST LINE OF SAID SECTION 18, NORTH 89'55'55' EAST 50.00 FEET; THENCE NORTH 00'09'57" WEST 29.91 FEET; THENCE SOUTH 89'$5'55" WEST 50.00 FEET ~'0 THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING ~495 SQUARE FEET OF LAND MORE OR LE5S AGENDA ITEM FEB ! 3 2001 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE.~ PREPARED BY: SHEET 2 lJJJJ~Ai~:I~ ~- WA~I'~//GNOLI, R.S.~I. NO. l ."" l ."' "-'". J~u ,~,~, ,.. SCALE: ~ DRAWN BY//JAN DATE: NOV. 18. 1999 Pror~,.i~,ne.l .~,~,~..~, plaa,,u.~, & I~sd .u_.-~yo~ CHECKED//J~'Y: WDA PROJECT NO.: 7j~41 FILE NO// 7274- ACAD NO: 7274--37 RFV~IC)N: ~/8/Ol UTILITY & MAINT. EASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO.~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA .DESCRIPTION OF ROAD RIgHT-OF-WAY, DRAINAOE, UTILITY AND MAINTENANCE EASEMENT A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST J0 00 FEET OF THE WEST 264 FEET OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNT~ FLORIDA; CONTAINING 9,~00 SQUARE FEET OF LAND MORE OR LESS. SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITy AND MAIN.TENANCE EASEMENT (NOT A SURVEY.,) ~ SECDON 1~. TO.SHIP 49 SOU~. ~ ~ ~ RANGE 25 EAST SCAL~: ~ ~ ~ HIWASSE, INC. ~- ~ ~ (O.R. ,695, Pc. 605) 272+00 274+ 00 ~ 276+ 00 L'UF~EENT L~EE:') OF RECORD ~ ~ ROAD E~:~HT-OF:-W.4 Y m EAST ONE-QUAR~R ~ ~ ~ SEC~ON LINE AND ~o~ 3~, P~ 527) / CORNER SEC~ON 13 ~ ~ I SURLY BASELINE ..... I--~ ~F /~. 25 ¢. ~ / ~ N 00'09'57"WI ~ N 00'15'30'W / .... ~ = 273+60[161[ ~ %,"W*WF?SHie 5.'BJF.::T T.2 D.E, U.S. AND M,E. ~?~f~y~~ . ~ I~ ' .......... , ' '~ "'~ i- , - cu~:E.,,~r ~:.,zz[: oF ~:co~r~ ~ ~ ~ ~ ~ ~ i~.~. :~, ~o. ~:~ F '~' [OS :~, PG. 65~] ~ _ ~ ELFRIEOA HOUGHT~ , PARK ~ U n - ...... BEA~ING5 ARE BASED ON ~E FLORIDA 5TAT~ PLAN COORDINATE E~EM, [AST ZONE PREPARED BY: IiIIim~RUNDAG~,~ SCALE: 1" = ~' ~ofellio~l engineer. p~I~, ~ ~ad lU~ DRAWN BY~ DATE: NOV. 9. 1999 AGENDA ITEM No. il,.,~ / - FEB 13 2001 PROJECT PARCEL NO: TAX PARCEL SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) c) ol (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) BEARINGS o PREPARED BY: ARE BASED ON THE FLORIDA DRAWN,,,,~,,~"~I,AJ',I DATE: NOV. 18. 1999 CHEC)I~BY: W~& PROJECT NO.: 7841 FILE~O: 7274 ACAD NO: WEST 264' OF SOUTH I/2 OF SOUTH ~/2 ~ OF SOUTHWEST I/4 OF NORTHWEST 1/4 __~ J F.P.&-L. EASEMENT (O.R. 937. PG. 428~L L~ ~: STATE PLAN CO~NA~ SYS~M, EAST ZO~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCR.!P,TION OF TEMPORARY DRIVEWAY' RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL TI-iAT PART OF THE H,'['ST 264 FEE'T OF THE SOUTH (~/2) OF THE SOUTH (~/2,) OF THE SOUTHWEST (1/4) 0~' THE NORTHWEST (I/4) OF SECTION ~$, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNT~, FLORIDA, BEING MORE PAR~TCULARLY O£SCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-DUARTER CORNER OF SAID SECTION 18; THENCE NORTH 00'15'30' I,~ST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 30.09 FEET; THENCE LEAVING THE VIE'ST LINE OF 5AID SECTION 18 NORTH B9'35'53~ EAS7 50.00 FEET; THENCE SOUTH 00·15',50' EAST 30.09 FEET; THENCE SOUTH 89'35'53' V~'ST 50.00 FEET TO THE POINT OF BEGINNING OF' THE EASEMENT HEREIN DESCRIBED; CONTAINING 1505 SQUARE FEET OF LAND MORE OR LESS AGENDA/~'EM - No._ )(~ ~ FEB 1 3 2001 BEARINGS ARE BASE'D ON THE FLORIDA STATE PLAN COORDINATE S?S-TE'M.' EAST ZONE 8~ ~RBER &: SCA'EE:~ Lhk- R.$.lZ~. NO. 5~35 I.J~UNDAGE.m~. DRAWN BY~,,"~__.. DATE: NOV. 18. 1999 Pmtmmmiou. m,~ ,~,~mell, p]m~.~m~m. & ~,d mmu.,'~e:Fo~'m CHECKEJ~',,~"Y: WDA PROJECT NO.: 7~41 Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement SECTION 18, TOWNSHIP 49 SOUTH, COLLIER COUNTY, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. 00~8~ RANGE 26 EAST FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF DRAINAGE EASEMENT) SCALE: 1" = 60' HIWASSE, INC. (O.R. 1695, PG. 605) 286+00 EXIS~NG R.O.W.-~ COUNTY PROJECT NO. 60111 X RELATED GROUP P.U.D. 2§8+00 : P.O.C. ....... ~sr C~[R~ ~ ~c~ 18 r ~cn~ u,~ ~ ~ ~8 ~ST U~ ~ ~c,,~ ., Jo' ~,o~osE~ ~,o.w. ~ ~ P.O.B. ~lc~ ~ozcr ~o. ~om ~N 00~'30'~ ~~ ~ PINE RIDGE ROAD IRDAD RiGHT-OF-WAy ID'R 4~0, PU 55E~ EAST UNE I U~LITY AND MAIN~NANCE EASEMENT ~WNE~:'H;p ~US'ECT TO ~ --' ~ 42.54 ~ P~L 811 c~:'.','--':.'.,~:7~_- ',. ~'-:'-~- ~ ~ 30,00 ~i ~R~OSEO ORAINA~ EASEMENT PUbLiC RO.i~ RiU:~.OF.W~',' -~ P~CEL 87~ L PINE RIDGE ROAD S OO~5'3~E~ 12.46 ~ ~, ¢~e~/ PiNE RIDGE GOLF CEN~R, L~. O.R. 815, PG. 16 AG~D~ ~M BEARINGS ARE BASED ON ~E FLORIDA 5TA~ PLAN COORDINA~ ~ ~.5A 83/90. 0/1 e/GO /8/Ol PREPARED BY: ]~'oteI.io~a] e~Ie~r'w. p~n.m, el-i. & ~ud mmmm{m~ARBEE k RUNDAGE.~m.mmmmmm SHEET ~ ~ $CA DRA~N~j~. JAN DATE: NOV. CHECxI~.~t~ BY: ~)A PROJECT NO,: FIL~/O: 7274 ACAD NO: NO. 5335 NOV. 10. 1999 7~4~ 7274-28 PROJECT: NO. 60071 PROJECT PARCEL NOi TAX PARCEL NO. SECTION 18, TOWNSHIP z. 9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF DRAINAGE EASEMENT A DRAINAGE RAIMENT OVER, UNDER, AND ACROSS ALL THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECT?ON 18. TOI~SHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PART?CULARLY DESCRIBED; COMMENCING AT THE NORTHE[ST CORNER OF SAID SECT?ON lB; THENCE SOUTH 00'15'30" EAST ALONG THE WESTERLY LINE OF SAID SECTION 18 A DISTANCE OF 1319.92 FEET; THENCE LEA~ANG SAID WESIERL Y LINE OF 5AID SECT?ON 18, NORTH B9'35'07' EAST 30.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONT?NUE NORTH 89'35'01' EAST 30. DO FEET; THENCE SOUTH 00~5'30~ EAST 12.46 FEET; THENCE SOUTH 44'35'01~ WEST 42.54 FEET; THENCE NORTH 00~5'30~ WEST 4254 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 825 SQUARE FEET OF LAND MORE OR LESS, AGENDA ITEM - ' FEB ! 3 2001 J BEARINGS ARE' BASED ON THE FLORIDA STATE PLAN COORDINATE $Y'STE&4, EAST ZONE PREPARED BY: $/~,'~'T 2 '".....~ ' ' .[~-~oN: .,,/'.." ' --.4/~ ,' ' J"'JJ.""J~B~:. 4, ' /~NE...~,/~,IOU,~ R.(JJV. NO. 5,.355 · J.."-lj~ s c ~/~-~'",-,".~/' JJJJIJI:::JI~UNB~.(;~.... DR~'"~~- DATE' NOV 10 1999 AGENDA_ITEM No. iUJ~ I Pg. FEB 1 3 2001 PERI~ETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & lVlAINT. EASEMENT PROJECT: NO. i~OO7~ PROJECT PARCEL NO: J._~' TAX PARCEL NO. 00Z~76 SECTION 15, TOWNSHIP 49 SOUTH, RANGE 2,.5 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 6 OF 5 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) MATCHLINE SEE SHEET 2 OF 6 ,.... 03 0 ~ ~ ~ 20' ~RO~'osED R 0 w. -- RRO~O~D ~.O.W. LI~NGST~ ROAD U~NGST~ ROAD I~0' 125' F.P.~. EASEMENT F.P.&L. EA~MENT I 170' F.P.~. EASEMENT I ~ _ ..... ~ ~ , ~ , ~ · . BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE 8 O. PREPARED BY: SHEET 6 8/25/00 SCALE: ~ 1/8/01 DRA~ ~ JAN DATE: NOV. 9. 1999 CHECK~BY: ~A PROJECT NO.: 7~41 FILE N~: 7274 ACAD NO: 7274-17A Profesa$oaa] sn~eer'~, planne~, & l~nd AGENDA,J, TE, M No._ i~-~J ,, FEB 1 3 2001 __"' _::L;11,, PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION lJ, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARC£~_ (NOT A SURVEY1 1 ' (SEE'SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) ' MATCHLINE SEE SHEET 3 OF 6 . . ~,~ ,. ~ ~ ,i ~ ... 1oo' ' ~ I 20' PR~O~O R.O. · -- ~ PR~O~O R. O, W. ~ , ~: .~ FP.~L. EA~MENT FP,~L. EASEMENT t70' ~ -- i o ~ ~ I ~ i MATCHLINE SEE SHEET I ~ 6 . ~ BEARINGS ARE BASED ON THE FLORIDA 5TA~ PLAN COORDINA~ S~M, EA~ Z0~3/90. PREPARED ~Y: ~ 5HE~/2 OF ~ i,,,iB . , , sc~~ ' ~~.~t~-~.~.~-~. " ' CHEC~ BY: ~A PROJECT NO.: 7~1 ~ ~ ~ ,~. ~m ~ ~ r~ ~ ~ ~ ~)~-,u~ ' ="r~O: 72 ~CAD NO: 7274-17B F.P. 4:L. EASEMENT F.P.&L. EASEMENT o.,,. ,,2. Pa. ,o,~ (o.,,. ,~,. ,~. ~,~ I i 20' pR~o~o ~ ~NGST~ ~ C) FP.&L. EA~MENT FP.~L. EASEMENT t70' ...... o i~'- AGENDA iTEM .~ No.'"'---~ FEB 1 3 2.001 PROJECT: NO. 60071 PROJECT PARCEL NO: YT~ .Z TAX PARCEL NO. SECTION 1.5, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY,) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) MA TCHLINE 110' . P. &L. EASEMENT .R. 162, PG. 205 125' F.P.&L. EASEMENT (O.R. 4,55. PC. 15) :EE SHEET 4 OF 6 -g PREPARED BY: 25 EAST N SCALE: 1" .= 100' MA TCHLINE SEE SHEET 2 OF 6 $ 00'09'57' £ ~0' BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAS~T~ 83/go. 8/25/00 1/8/01 OR~,WN~Y: JAN DATE: NOV. 9. 1999 CHECkfrIED BY: WDA PROJECT NO.: FILfN O: 7274- ACAD NO: 7274-170 PROJECT: NO. 60.L~l~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA _SKETCH OF RIGHT-OF-WAY, PARCEL ('NOT A SURV['Y) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) MATCHLINE SEE SHEET 5 OF 6 ~ PR~OSED R.O.~ PARCEL 175A ~ F,P.*L. ~MENT F.P.*L. EASEMENT MATCHLINE SEE SHEET ~ OF 6 PREPARED BY: . SHEE~ OF 8 AGENDA~TE.M FEB 13 2OOl PROJECT: NO. 60071 PROJECT PARCEL NO: I"T~ TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARDEL (NOT A SURVEY) (SEE SHEET 6 OF 6 FOR OE$CRIP770N OF RIGHT-OF-WAY PARCEL,) I I iio' I 125' £.P.&L. EASE~'IENTI F.P.&L. EASEMENT i( (O.R. 431. PG. 207) O.R. 171, PG, 433)] II I F.P.,~L. £ASEMENT 125' I I I I, 155' 275'{ (O.R. 2487, PG. 14.83) EXHIBIT "B" RIGHT-OF-WAY DEDICATION COUNTY PRO,,~CT NO. 60111 PINE RIDGE ROAD 0 + N 89'23'42~W 120.01 120' PR~OSED R O. LI~NGSTON ROAD PARCEL 175A o I o EAST SCALE: I" ~j MA TCHLINE SEE SHEET 4 OF 6 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: i//OF RFVl~ION: 1/2./oo ~Y: /'~/~ ,2/ ~ ' 8/25/00 ~/~NOL', R.S:M. NO. 5335 SCALEK ~ 1/8/O1 DRA~ BY/~ DATE: NOV. 9. 1999 CHECKED.: ~A PROJECT NO.: 7D4~ PERPETUAL, NON-EXCLUSIVE Lr~ILITY & MAINT EASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER CQUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL ALL THAT PART OF THE EAST 510 FEET OF THE SOUTHEAST QUARTER AND THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF' THE NORTHEAST QUARTER OF SECTION 13, TOI~SHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNT~, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOFIG; BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 13, THENCE NORTH 00'09'57" I.~EST ALONG THE EAST LINE OF SAID SECTION 13. A DtSTANCE OF 2641.14 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION THENCE NORTH 00'15'50" WEST ALONG THE EAST LINE OF SAID SECTION 1,5, A DISTANCE OF 1.519.96 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THESE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2482, PAGE 1483. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAV1NG 5AIO EAST LINE OF SAID SECTION 13, NORTH WEST ALONG THE SOUTH LINE OF SAID LANDS A DI5TANCE OF 120,01 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF 5AID LANDS SOUTH 00'15'$0" EAST 1,521.70 FEET TO AN INTERSECTION WITH THE EAST-WEST ONE-OUARTER S~'CTION LINE OF SAID SECTION 1,5; THENCE SOUTH 00'09'57" EAST 965.52 FEET TO AN INTERSECTION OF A NORTHERLY LINE OF THOSE LAND5 AS DESCRIBED IN OFFICIAL RECORD BOOK 2538. PAGE 1089, PUBLIC RECORD5 OF COLLIER COUNTY. FLORIDA; THENCE NORTH 89'50'13~ EAST ALONG SAIO NORTHERLY LINE OF SAID LANDS, A DISTANCE OF 20.00 FEET; THENCE SOUTH D0'09'57" EAST ALONG THE EAST LINE OF SAID LANDS A DISTANCE OF 1600.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF .SAID SECTION 1.5; THENCE SOUTH 88'56'41' EAST ALONG SAID SOUTH LINE OF SAID SECTION A DISTANCE OF 100.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 10.18 ACRES OF LAND MORE OR LESS, FEB 1 3 2001 Pg. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: SHEET/'5'//OF 6 .....~ [~E~-~]c~N: ' .,..n.. ' ..J-' ) ' ."."_."_."~2J~.ou 8/25/00 ~Y: /,,f' .,/I ' II~11~-~ ~ ...... /'¥~'~ D./"AGNOLL R.S.M. NO. 5335 l,ll";~Jr~ I.. ~CA, ~. ' '~';-'~ ' IIIIIIt~vNO~ ~RA~~" .~ DATE' NOV 9 1999 AGF-rND.~ IT~EM No. !L.,~5 ! FF_.B 13 2001 F~H~1i"~a _ ~,~ ~~ SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF SLOPE EASEMENT) 110' kF.P.~L. EASEMENT J F.P.~L. EASEMENT O.R. 162, PG. 205){ (O.R. 435, PG. 15) PARCEL 575A PROPOSED 10'---~- SLOPE EASEMENT ~3 . PROJECT: NO. 60071 PROJECT PARCEL NO: 57--R. TAX PARCEL NO.~)'7~, 2:5 EAST P.O.B. / j~o.o_o_ +56.56 ~o :~+ 120.00 +46.~ ~ 5 89'50'02"W ~o. oo ,2o' PR~O~D LI~NGST~ - ~ + SCALE: 1" = I00' BEARINGS ARE BASEO ON THE FLORIDA STATE PLAN COORDINATE SYST~'M. EAST ZON'E PREPARED BY: BnBInn~RUNDAG~ 3~-~_~ I '" / w~ ~/u, ~.s.~..o. SCALE: DRA~ BY:~ DATE: AUG. ~5. GHEOKED ~ PROJECT NO.: FiLE NO:~ AGAD NO: 7274-42 PROJECT: NO, 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF ,SLOPE EASEMENT ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 13. TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 7. KENSINGTON PARK PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 62 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE SOUTH 00'09'07' E ST ALONG A LINE 120.00 FEET WEST OF AND PARALLEL WITH THE EAST ,INE OF SAID SECTION 13, A DISTANCE OF 110,16 FEET TO THE NORTHEAST CORND' OF THOSE LANDS A5 DESCRIBED IN OFFICIAL RECORD BOOK 2638, PAGE 1089, PUBLIC RECORDS OF COLLIER COUNTY; THENCE SOUTH 89'50'02" WEST ALONG THE NORTH LINE OF SAID LANDS A DISTANCE OF lO, OO FEET. THENCE LEAVING SAID NORTH LINE OF SAID LANDS NORTH 00~9'57' WEST 110.16 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT :7; THENCE NORTH 69'50'02" EAST ALONG THE SOUTH LINE OF SAID TRACT 7, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 1102 SQUARE FEET OF LAND MORE OR LESS. PREPARED BY: AGEN~M FEB 1 3 200l BEARING5 ARE BASED ON THE FLORIDA STATE PLAN COORDINATE' 5YSTE~. EAST ZO;,,IE' SCALE: ~ DRA~ ~: ~N DATE: AUG. 25. 2000 CHECKED~ ~A 'PROJECT NO.} 78~1 FILE N0~/7274 ACAD NO: 7274"42 13 2001 PROJECT: NO. i~0Q71 I PROJECT PARCEL NO: TAX PARCEL NO, SECTION 1.3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF- SLOPE EASEMENT ['NOT A SURVEY) (SEE SHEET 5 OF- 3 FOR DESCRIPTION OF SLOPE EASEMENT) MATCHLINE SEE SHEET 2 OF I IEAST 510' O~ T~EISOUmEAST QUARTER OF I I ~HE NORn~EASTIOUARTEr Or S[CnO~ ~ PROPOSED ~ SLOP[ EASF~ENT EASEMENT F.P.~L. EASEMENT t62, PG. 205)~ 354) BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: qHC'-~_T ..... ~ ~,~,on: , ~ ~ ....~-~ DRAW ~A DATE ~EB 8 2000 AG~END~ IT~ No.~/~ ~Y~ _ 1 2001 SECTION 13, T3WNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY,) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF SLOPE EASEMENT) EXHIBIT #B# RIGH T- OF- WAY DEDICATION COUNTY PROJECT NO. 60111 PINE RIDGEI ROAO 110' F.P.&L. EASEMENT O.R. 171, PC. 4.33) 125' F.P.&L. EASEMENT (O,R. 431, PG. 207) 155' PROJECT: NO. _ 60071 PROJECT PARCEL NO: ~7.,~ ~ TAX PARCEL NO. RANGE 25 EAST SCALE: 1" = 100' S 10.00 ~ ~'~ PROPOSED R O. w. Lt~NGSTON ROAD o ~ROPOSEO ~ S~OPE EASEMENT PARCEL 575B QUAR~R OF SECTION 13 ~ ~ EAST f2O' OF ~E EAST 510 110' F.P.&~L. EASEMENT 125' I I MATCHLINE SEE SHEET I OF 3 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTFM, EAST ~ONE PREPARED BY: SHEET 2 ~ o r S ~ NO 5335 iiaiii~ SCALE:--~ ~ ~ aIaiI~E~NDAG[~. DRA~ BYe' ~ATE' FEB 8 2000 c~ ~m ~ ~, ~ ~-~--, ~ ~ ~ n ~ {.~*~-,,. CHECKED B~ PROJECT NO.: 7~1 ~ ~*.~ .~ ~ ~ ~ ~ ~ ~ ~ FILE NO:~ ACAD NO: 7274-44D SECTION 1,5, TOWNSHIP 49 SOUTH, COLLIER COUNTY, PROJECT: NO. 60071 I PROJECT PARCEL NO: TAX PARCEL NO. RANGE 25 EAST FLORIDA DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF THE SOUTHEAST OUARTER, AND ALL THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHI~ 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWB: COMMENCING AT THE NORTHEAST CORNER OF TRACT 7. KENSINGTON PARK, PHASE ONE. ACCORDING TO THE PLAT THEREOF A5 RECOF~DED IN PLAT BODK 21. PACES 52 THROUGH 67. PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA. THENCE NORTH 00'09'57" WEST ALONG THE EAST LINE OF TRACT D OF SAID PLAT. A DISTANCE OF 13000 FEET TO AN INTERSECTION WITH THE NORTH LINE OF 5AID TRACT D OF SAID PLAT AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE SOUTH 89'50'24" WEST ALONG THE NORTH LINE OF 5AID TRACT D A DISTANCE OF 10. OG FEET; THENCE LEAV1NG THE NORTH LINE OF SAID TRACT D NORTH 00'09'57" WEST 73.48 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECT/ON LINE OF SAID SECTION 13; THENCE NORTH 0D'15'30" WEST 1321.B3 FEET TO AN INTERSECTION WiTH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION THENCE SOUTH 89'23'42" EAST ALONG SAID SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 10.00 FEET TO AN INTERSECTION W~TH A LINE THAT IS 120.00 FEET WEST OF AND PARALLEL WiTH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTH 00'15'30" EAST ALONG SAID LINE THAT IS 120.00 FEET WEST OF AND PARALLEL W~TH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 1321.70 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER $ECI?ON LINE OF SAID SECTION THENCE SOUTH 00'09'57~ EAST 7349 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 13,952 SQUARE FEET OF LAND MORE OR LESS. AGENDA ITEM No. I(,, "~ ,/ FEB 1 3 2001 Pg ~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EA.~T ZONE PREPARED BY: /01 ~/~OL'. ~[S.M. ~40. 5535 sc,~~ DRA~ BY/~AN DATE: FEB, ~, 2000 CHECKEDdY: W~A PROJECT NO.: 7~41 FILE NO:~ 7274 ACAD NO: 7274-44B FF_ ) '3 2001 PERPETUAL, NON-EXCLUSIVE ROAD RIGI-Yr-OF-WAY, DRAINAGE, PROJECT PARCEL NO: TAX PARCEL NO.~u,~_~_~¢ SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGH. T:-OF-,WAY PARCEL ~NOT ,_A SURVEY),,, · (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) N MATCHLINE SEI:' SHEET 2 OF 4 ~ SCALE: 1" 100' 175C J BEARINGS ARE BASED ON ~E ~ORIDA STA~ PLAN COORDINA~ SYS~M, EAST ZONE DRA~-~A~ OATE: AUG. 25. 2000 A~EN DA ITEM FE&: 3 200I SECTION 1,.5, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 5 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) PROJECT: NO. 60071 PROJECT PARCEL NO: Ji~..~ ¢ TAX PARCEL NO. RANGE 25 EAST SCALE: 1" = 100' MATCHLINE SEE SHEET 3 OF 4 MATCHLINE SEE SHEET 1 OF 4 BEARINGS ARE BASED ON THE FLOR'IDA STATE' PLAN COORDINATE SYSTEM,. EAST ZONE PREPARED BY: SHEET 2 CHECKERS: ~A PROJECT NO.: 7~43 FiLE N~/7274 ACAD NO: ,., 7274-45B Pr~fenion~l engineers, p~e~, k ~d ~yo~ AGENDA ITEM No.__J.p. ,_P, / F[:: 1 3 2001 SECTION 15, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) PROJECT: NO. 60071 PROJECT PARCEL NO: I~_.~ ~,... TAX PARCEL NO. RANGE 25 EAST SCALE: I" = tOO' F.P.&L. EASEMENT F.P.&L. EASEMENT 'O.R. 162, PG. 205,~ (O,R. 429, PG. 354) N 89~0'15' £ 2o. oo ~ L MA TCHLIN£ + 120' J PROPOSED R. iO. W. LIVINGSTON 100.00 I00' 20' PROPOSED PROPOSED R.O.W. LIVINGSTON ROAD LIVINGSTON PARCEL 175C ~ ROAD SEE SHEET 2 OF 4 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZON PREPARED BY: a SHEET 5.~F)7 4 iiili . NO~ Iaaa ~ DRAWN ~/~ DATE: AU~ 2~ 2000 U~DAG~.m~wwm P~fJsuio~l ~..~, pA~on, · ~d .~pm ~ CHECK~BY: ~A PROJECT N~: 7841 ~ ~ *.~ .*,. ~ ~ ~ = ~ ~ I.x~ FILE ~: ~74 ACAD NO: 7274-45C PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, - ,'~ UTILITY & MAINT 'EASEMENT PROJECT: NO. 80071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF-WAY PARCEL 175C ALL THAT PART OF THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF SECT?ON 13,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNT~, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13, THENCE NORTH 88'56'41~ WEST ALONG THE SOUTH LINE OF SAID SECTION 13. A DISTANCE OF 10003 FEET TO THE POINT OF BEGINNING OF THE PA~ EL HEREIN BEING DESCRIDED; THENCE CONTINUE NORTH ,~8'56'41' WEST ALONG SAID SOUTH LINE OF' SAID SECTION 13, A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID SOUTH LINE OF SAIDSECTION13.NORTH 00'09'57~ WEST 1599.56 FEET; THENCE NORTH 89'50'13" EAST 20.00 FEET; THENCE SOUTH 00'09'57~ EAST 1600,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.73 ACRE5 OF LAND MORE OR LESS. 2001 BEARINCS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE 83/90. PREPARED BY: SHEET 4 ~ DRAWN B¥.//FAN DATE: .A, UC. 25. 2000 CHECKED//~': WDA PROJECT NO.: 7J}~1 FILE NZ/ 7274 ACAD NO: 7274-45C 2001 EX~j~__ _ PROJECT: NO. ..~,~.. ,I~~~ PROJECT PARCEL NO: TAX PARCEL NO.~ SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A $URVE~ 1 (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT) MATCHLINE SEE SHEET 2 OF' 4 '7": ~ ~ ~ 20' PROPOSED R.O,~ ' ~ ~ ~ ~ ~ t LlaNOSTON RO~D U~NGST~ ROAD 110' ~ 125' FF.P.~L EASEMENT F.P.&L. EASEMENT ~ 120' F.P.&L. EASEMENT o ~0,~. 163, P~. Jtl)~ (0.~. ~04, P~. 455) (0.~, 642, PG. 31~+ · - ____ ~_~ ~m PREPARED BY: illllaNo,.., iiiI~,.,.., '- ARE BASED ON THE FLORIDA STATE' PLAN COORDINATE SYSTEM F.'ZT ZO _ ..... SHE_~,Z'"~/OF 4 . DRA~ ~/~ DATE:, _FEB. ~. 2000 CHECK~W¢:~ PROJECT NO.: 7~41 FILE ~ 727~ ACAD NO: 7274-~6A AGEND ,A t,.TEM FEB 13 2001 SECTION 13, COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT) MATCHLINE SEE SHEET $ OF 4 ~~~ PROJECT: NOi ~0071 PROJECT PARCEL NO: TAX PA~CFL NO, TOWNSHIP 49 SOUTH, RANGE 25 EAST r- 125' 162, PG. 205,~ (O.R. 429, PG. 354) I N SCALE: 1' = 100' 110' I 125' EASEMENT F.P.&L EASEMENT 163, PG. 311) (O.R. 504., PC. 4-55) t 100' PROPOSED R.O.W 20' PROPOSED R.O.W.' L1'~4NGSTON ROAD LII4NGSTON 170' F'.P.&L. EASEMENT (O.R. F;42, PG. 31) PROPOSED SLOPE EASEMENT PARCEL 575C MATCHLINE SEE SHEET 1 OF 4 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM. EAST ZONE PREPARED BY: SHF'E T 4 RFVlSION: ?WA~/' ' 8/25/00 BY: __ 1/8/01 , R.S.kq. NO. 5335 SCALE: _~i~ t 0_0' DRAWN B/Y/JAN DATE: FER. B, 2000 CHECKF_~BY: WDA PROJECT NO.: 7841 FiLE N~ 7274 ACAD NO: 7274--46B AGENDA LTE~ NO, t(? ,,./,4 f _ FEB 3 £201 SECTION 1.3, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT) 110' F.P.~L. EASEMENT .O.R. 162, PG. 205 '1 I -+ PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 110' I 125' F.P.&L. EASEMENT F.P.&L. EASEMENT 'O.R. 162, PG. 205~1 (O,R. 429, PC 354) I RANGE 25 EAST 120.00 +46.40 120' PROPOSED R.O. UVINGSTON ROAD I PR~OSgD R 0 20' PROPO~D R.O.W. ' :' ' ~ LI.NGST~ ROAD ~ ILI.NGST~' MATCHLINE SEE SHEET 2 OF' 4 SCALE: 1' = 100' BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE' SYSTEM, EAST ZONE PREPARED BY: SHE:7: .... i~ ~ l~ lm '-/-' ' ~/ ...... mmw...~ I SCALE: 1"~ 10~/ iImBmm~RUNDAGE~. mnRA~~ n~T~- P~te~io~l en ~ee~ ~ ~ ~ --~ w~ ~ ~ .......................... ~ ~ ~ ~. v~ v ..... ~ ~ .~. ~ urn t~,-m,~, ] CHECKED B~ PROJECT NO.: 7841 PROJECT: NO. ~0071 PROJECT PARCEL NO: 5?5 TAX PARCEL NO. SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF THE SOUTHEAST QUARTER OF SEC~90N ~3, TOV~SHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING I~ORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECT}ON 13, THENCE NORTH BB"55'41" WEST ALONG THE SOUTH LINE OF SAID SECT}ON 13, A DISTANCE OF 120.03 FEET TO THE POINT OF BEGINNING OF T~E EASEMENT HEREIN BEING DESCRIBED; THENCE CONT}NUE NORTH 88~6'47' WEST ALONG SAID SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID SOUTH LINE OF SAID SECT}ON WEST 2024 71 FEET TO AN INTERSECTION ~ITH THE NORTH LINE OF THOSE LANDS AS DESCRIBED IN O~FICIAL RECORD BOOK 2~3B, PAGE IOB9, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'S0'02~ EAST ALONG SAID NORTH LINE OF SAID LANDS. A DISTANCE OF ?O. DO FEET TO THE NORTHEAST CORNER OF SAID LANDS; THENCE SOUTH 0(]'09'57' EAST 2024.92 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN CONTAINING 20,249 SQUARE FEET OF LAND MORE OR LESS. AGENDA FEB 13 2001 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE .,H." ~' T , .,M1'- 4 PREPARED BY: I RE~SION: , '~/~ "°' DRAWN ~/~AN CA%: FEB. 8. 2000 ~ro~.lo~] .~.*~. ¢~.., · ~.~ .~ CHECKE~Y: ~A PROJECT NO.: -7841 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT THE EAST 1000 FEET OF TRACT 7 AND THE EAST 10.00 FEET OF TRACT D, KEN$1NCTON PARK. PHASE' ONE, ACCORDING TO THE PLAT THEREOF. AS RECORDED iN PLAT BOOK ,21, PAGES 62 ~ROUGH 67. PUBLIC RECORD5 OF COLLIEE COUNTY, FLORIDA; CONTAINtND 4300 5OUAR~ FEET OF LANO MORE OR LESS. ~'" AGENQA I~M , / PREPARED BY: SHEET ~F 2 ff'~'''~UN~*~t ., . O~Aw~ ~Ar[: FE~. 8. 2000 AGF_ND/:~jTF~ No. IbJ:L~. I - FEB 1 3 2;:;31 P9- - PROJECT: NO. 60071 PROJECT PARCEL NO: .~ TAX PARCEL NO. ~g7~l~:~:~le SECTION 1J, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVE'<) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF SLOPE EASEMENT,) o + PROPOSED SLOPE EASEMENT PARCEL 576 PROPOS£D SLOPE' EASE'~£NT PARCEl. 576 o SCALE: I" = 60' +56.56 120.00 ~25' F.P.&L EASEMENTI ._~ ~o.R. ~. ~. ,~ 25 EAST ~ H~WASS£, INC.- (O.R. ~95, P~. 605) + A ON THE FLORIDA STATE PLAN COORDINATE SYSTEM EA BEARINGS ARE B $ED ' .... > Y' ' PREPARED BY: ~SHEE7 ~, ~ou ,/w~ , · ~ - - , ..... BenBan SCALE: ~ 1 - , Pro~eslto~ engtnoem pincers. ~ mud ,u~o~ / ~ ~UC~KF~Y: WOA PROJ~PT NO.: 7~41 .. EXECUTIVE SUMMARY APPROVE A PERMIT FOR A BLOCK PARTY TO BE SPONSORED BY THE IMMOKALEE CHAMBER OF COMMERCE AND TO BE LOCATED ALONG MAIN STREET (SR 29) IN IMMOKALEE OBJECTIVE: To provide background information to the Board of County Commissioners and to request approval of the necessary street closure permit for the use of county streets for a block party in Immokalee. CONSIDERATIONS: The lmmokalee Chamber of Commerce (ICOC) wishes to hold a block party on Saturday, March 31, 2001. This event will require closing SR 29 and several local side streets from noon until midnight on that date. Details are included in a flyer distributed to local businesses that will be participating (Attachment No. 1). The ICOC has requested a street closure permit (Attachment No. 2) for this event. SR 29 is under FDOT jurisdiction and will also require FDOT approval. In addition, the ICOC has secured or will have secured, prior to the event, approval from the Collier County Sheriff, the Emergency Services Division, and the Florida Highway Patrol. It will be the ICOC responsibility to have emergency personnel on stand-by for the event. FISCAL IMPACT: None at this time. ICOC will be responsible for any overtime or off-duty 'pay for any emergency stand-by personnel. Any additional cleanup by Road and Bridge personnel necessitated by the event will be performed as part of their regular duties the following Monday. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approv~ the issuan, ce of the street closure permit and authorize the Transportation ~Operations ..Director tt sign i.~their behalf. SUBMITTED BY: //L/~', Xr L.' ,,' '~/~/ DATE: Edwa['4/J. Kant,; P~, ~p~a~n Operations Director APPROVED BY: ~//~~:: /~ DATE: No~~ E. Feder, AICP, Transpotation Adminis~ator Attac~ents: No~ 1 - ICOC Flyer No. 2 - Street Closure Pe,it Application FEB 1 3 2001 Pg. H.B. "Benny" Starling, Jr. Executive Director IMMOKALEE CHAMBER OF COMMERCE "Where Worlds of Opportunity Begin" .... Harvest Festival 2001: "TASTE & SOUNDS OF IMMOKALEE" Phone: (941) 657-3237 Fax: (941) 657-5450 The Immokalee Chamber of Commerce announces this week of an all new approach to the Harvest Festival of the past. The Chamber presents: Harvest Festival Block Party 2001, "TASTE AND SOUNDS OF IMMO~EE". This is a chance for all the people of Southwest Florida to hear and taste the flavors that make up Immokalee ( MY HOME ). This event will be held on Saturday, March 31 st on Main Street between 2nd and 5th streets. Eight different ethnic groups will be ask to participate in the following areas: Dance, music, song, food, costume and crafts from their native countries. Also organizations and churches from Immokalee will be able to sell food or anything their organization has to offer. There will be a booth charge of $ 50.00 for a 10 x 10 area. The renters must bring their own tables to sell from. No one will be allowed to bring a generator. If you need to cook on something please bring a propane container and cooker or burners. There will be no access to electricity on Main Street. Lights will be provided by the new street lights that make up the Main Street Project. The streets will be blocked off at 12 noon til midnight. Two hours will be set aside for set up and closing. The Block Party will begin at 2 p.m. and end at 10 p.m. We urge schools to perform dance in the different ethnic groups and singing from the church groups in Immokalee. All kinds of bounce houses, rock walls and things of this nature will be on Main Street for the children to enjoy. The Chamber is looking for sponsors for this years event: Platinum $ 5,000.00, Gold $1,000.00, Silver $ 500.00 and Bronze If you would like to be a sponsor, please give the Chamber a call for information. For more information, please call Benny Starling or Janet Whidden a Chamber office, 657-3237. 250.09, FEB 1 3 2001 the H.B. "Benny" Starling, Jr. Executive Director IMMOKALEE CHAMBER OF COMMERCE "Where Worlds of Opportunity Begin".... Phone: (941) 657-3237 Fax: (941) 657-5450 Main Street Business Owner: The Immokalee Chamber of Commerce would like to thank you for your participation in the "1st" Annual Harvest Festival Block Party. This year's event will be held on Saturday, March 31,2001 from noon until midnight along Main Street from 2® street through 5th. There will be a set up period from 12 noon until 2pm and then a take down period from 10 until midnight. The official Block Party will be from 2pm until 10pm. Eight hours of fun, delicious food and talent from all ethnic groups in our community. The Immokalee Chamber of Commerce would like for your business to stay open during this time to enjoy the thousands of people that will come in and out of your business during the 8-hour period of the Block Party. The Chamber is trying to help your business and make people aware of the businesses on our new "Main Street". If you have any further questions please feel free to call Benny Starling or Janet Whidden at the Chamber office...941-657-3237. Immokalee Chamber of Commerce H.B. "Benny" Starling, Jr. Executive Director 720 N 15th stree[ATTg'CHMENT.,NO' Immok;;lee, FL 341~(~E ~'~ OF ,~? AGEND,a~ITEM FEB ! 3 2081 IMMOKALEE CHAMBER OF COMMERCE "Where Worlds of Opportunity Begin" .... H.B. "Benny" Starling, Jr. Executive Director Phone: (941) 657-3237 Fax: (941) 657-5450 On Saturday, March 31,2001 from noon till midnight the Main Streets from 2nd through 5th will be closed for Immokalees first "Harvest Festival Block Party", sponsored by the Immokalee Chamber of Commerce. As a business owner in this section of Main Street I agree that the street in front of my business may be closed for this event: Business Name Address Phone Signature ATTACHMENT NO./ J PAGE .Zq OF .-~ 720 N. 15th Street Immokalee, FL 34142 AGENDA ITEM .o. !(.~,~- FEB 1 3 200; ~' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM lS0-040-45 REQUEST FOR TEMPORARY CLOSING/SPECIAL USE OF STATE ROAD .,~rr-o~/. PAGE t OF INSTRUCTIONS: OBTAIN SIGNATURES OF LOCAL LAW ENFORCEMENT AND CITY/COUNTY OFFICIALS PRIOR TO SUBMITTING TO DEPARTMENT TRANSPORTATION. ATTACH ANY NECESSARY MAPS OR SUPPORTING DOCUMENTS. I~E OF ORGANIZATION PERSON IN CHARGE DATE' IMMOKALEE CHAMBER OF COMMERCE JANET WHIDDEN, CHAIRMAN 12-28-00 ADDRESS OF ORGANIZATION TELEPHONE NUMBER 720 N. 15th. Street Immokalee~ Florida 34142 941-657-3237 TITLE OF EVENT Harvest Festival Block Par~y DATE OF EVENT I START,NG TIME OF EVENT I DURAT,ON OF EVENT (APRROXJ ACTUAL CLOS,NG T,ME ONCLUDING SETTI'~IG UP BARRY'RS, ETC.) March 31 .-00 12 noon 12' hours 12 PROPOSED ROUTE (~NCLUDE STATE R0~,D NUMBER. SPECJFiC LOCATION. ETC. - iNCLUDE MAPS) IState Road 29 between 2nd. Street and 5th. Street DETOUR ROUTE HNCLUDE ALTERNATE ROUTES - ~NCLODE MAPS) Through traffic New Market Road to AlL. ~/ 29 NAME OF DEPT. RESPONSIBLE FOR TRAFFIC CONTROL. ETC (CITY mOL~CE. SHERIFF'S OEPT. FLORIDA HWY PATROL. ETC.) (iNCLUDE PRECINCT NO.) Collier County Sheriff's Department SPECIAL COND~TIONS: See attached Map THIS SECTION IS TO BE COMPLETED WHEN PERMITTING SPECIAL USE OF A STATE ROAD FOR FILMING. LICENSED PYROTECHNICS OPERATOR LICENSE NO APPROVAL OF LOCAL FIRE DEPARTMENT . ]~ AGENDA I TIEM LIABILITY INSURANCE CARRIER POLICY EFFECTIVE DATE ~ EL'} /f/~ ~ COVERAGE AMOUNT ($1.0OO.0OOMINIMUM) FEB 1 3 200I LENGTH OF COVERAGE DAYS FEDERAL AVIATION ADMINISTRATION APPROVAL FOR LOW FLYING FILMING pg. _ ADDITIONAL LIABILITY INSURANCE AMOUNT (S5,000,000 MINIMUM) Lt. Tony Martindale Immokalee Sub-Station Commandez / --/~-(9/ Transportation Operations Director . /--/g- ~ AUTHORITIES: CHAPTER 14-65, FLORIDA A~MINISTRATIVE CODE: RU~E/~()F THE DEI~ARTMENT OF TRANSPORTATION - TEMPORARY 8,)6 AND FLORIDA STATUTES. FORM MAJNT - PAGE The Permittee, shall indemnify, defend, and hold harmless the Department and all of its officers, agents and employeee kom any claim, Io~, damage, cost, charge or expense arising out of any act~, actions, neglect or omi,~ion by the Permiltee, its agents, employees, or subcontractors during the performance o! the Contract, whether direct or. indirect, and whether to any person or property to which the Department or said parties may be subject, except, that neither the Permittee nor any of its subcontractors will be liable under this. Article for damages arising out o! the injury or damage to persons or property directly caused or resulting from the SOLE negligence of the Department or any of its officers, agents or employees. Contractor's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and associate with the Department in the defense and trial Of any damage claim or suit and any related seltlement negotiations, shall be triggered by the Department's notice of claim for indemnification to Contractor. Contractor's inability to evaluate liability or its'evaluation of liability shall not excuse Contractor's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an adjudication or judgment.. after highest appeal is exhausted specifically finding the Department SOLELY negligent shall excuse performance of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and its enforcement by the Department. Department's failure to notify Contractor of a claim shall not release Contractor of the above duty to defend. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all less, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. During the event, all safety regulations of the Department shall be observed and the holder must take measuresl :including placing and display of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices 'MUTCD), as amended, and the Department's latest Roadway and Traffic Design standards. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the facility will have to be brought into compliance or removed from the R/W at no cost to the Department. Submitted by: Immokalee Chamber of Commerce 'Harvest Festival Block Party Permittee Place Corporate Seal _. ~-,-,-~.-..-~ ~._~ ~.~..~ ~_. net Whidden - Chairman Signature and Title Attested Department of Transportation Approval: This Request is Hereby Approved Recommended for approval Title Date Approved by: Dat~ District Secretary or Designee DISTRiBUTiON: Original- Permittee IATTACHMENT NO. 2. 1St copy- District Maintenance of~p~(~E 'Z.- OF ~,~ 2nd copy - Local Maintenance FEB 1 3 2001 N AIRPOInT MAIN. ST. ATTACHMENT NO. /--- PAGE ~ OF ~ AOE~:}A~TE~I No. [.~/~ ~. FEB 1 3 2001 Pg. 7 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 00 FOR THE TRANSPORTATION SERVICES ROAD & BRIDGE FUND OBJECTIVE: To obtain BCC approval of a budget amendment that will allow unexpended funds in FY 00 Transportation Services Road & Bridge Fund to be carried forward and put into reserves. CONSIDERATIONS: Funds were appropriated in FY 2000 for Transportation Services in the Road & Bridge Fund. Staff was unable to encumber all the appropriated funds before the end of the fiscal year. Therefore allowing for an additional carry forward that will be placed into reserves for future expenditures. FISCAL IMPACT: A budget amendment will be needed to recognize the additional carry forward in the amount of $638,269 and will be appropriated in the Road & Bridge Fund 101 Reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendment to recognize additional carry forward in FY 01. Sl~aro~ lql'~wman, Accounting Supervisor Trknsportation Services Division REVIEWED BY: / /;.?u',~[. ~-':L)-----' Norma/fi E. Feder, AICP, Transportation Administrator / DATE: ///'?//?/ DATE: AGENDA ITEM NO../~' 6/) ~ - FEB 13 2001 / EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR PURCHASE OF A BUCKET TRUCK FOR THE TRAFFIC OPERATIONS SECTION. OBJECTIVE: To gain Board approval of a budget amendment to pay for the purchase of a bucket truck for the Traffic Operations Section. CONSIDERATIONS: On September 26, 2000, the Board approved Agenda Item 16 (B)(8), which authorized ~/budget amendment for the purchase of a bucket truck. Staff requested, and the Board approved a rollover for 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 funds did not rollover and, therefore, funds were not available at that time. ,~FISCAL IMPACT: Funds in the amount of $124,261 are available in Road and Bridge Fund 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 $124,261. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ierri Meyer, Senior Secretary D~I¢-A. BVhon, P.~raffic Op?~tifi~ager E~w ~ J. KantcP. Tr~ Sp0rtanon Operanons D~rector r~an E. FededAICP, Transportation Admnistrator DATE: 12/20/00 DATE: /"' .~ .~'- 0 ? DATE:,/J DATE: FEB 1 3 2001 Memorandum To: Dale Bathon, Traffic Operations Manager From: Dan Croft, Fleet Manager Date: 9/12/00 Subject: Bid #00-3134, Bucket Truck Per our conversation, I have review the referenced bid and find the following: a. Atlantic Truck Center and Stamm Manufacturing should be eliminated as high bidders. The low bidder, MTI Insulated Products, has numerous exceptions to specifications with two major exceptions that would hamper your operations: (1) The platform capability is 550 lbs. rather than the required 700 lbs. (2) Both upper and lower boom controls must be operated when raising or lowering the lower boom in order to maintain the preferred angle on the upper boom. This requires more concentration by the operator on maintaining the correct upper boom angle, rather than concentrating on the job at hand which could be very close to high voltage power lines. It is my opinion that this bucket rig would not meet your operational requirements and could possibly be less safe for your crews than other options. With these major exceptions to specifications, I do not recommend award of the bid to MTI. This leaves Palm Peterbilt GMC Trucks and Altec Industries, with Palm's bid $792.54 less than the Altec bid. Both are bid with the exact same bucket mechanism. the Altec Model AA755, which meets all specifications for the bucket mechanism. The bid specifications call specifically for an International Model 4700 chassis. Palm has bid a GMC Model C7H042 chassis and Altec has bid the International Model 4700 chassis. Almost all of Collier County Government's heavy trucks are International, with several model 4700's. Fleet Management's mechanics are trained to repair Internationals; we carry a considerable inventory of International parts and we have all International diagnostic equipment; plus we have a local dealer that carries parts and has full capabilities for warranty work and other repairs. A GMC truck would be one-of-a-kind for which would be difficult to carry an adequate inventory of parts; additional mechanic training, tooling, and diagnostic equipment would be required; and there is no local GMC heavy truck dealer from which we could get parts or warranty work. Without a quick supply of parts, repair of the GMC would likely sometimes be more time consuming than with the International. This would equate to less operational availability of the bucket truck. d. With the above considerations, I recommend the bid be awarded to Altec Industries, Inco~ Fleet Management ~GENDA ITEM FEB 1 3 2001 oo EXECUTIVE SUMMARY AWARD WORK ORDER NO. WD-008 TO KYLE CONSTRUCTION, INC. FOR SR-29 CANAL CULVERT UPGRADE (Project No. 31701) OBJECTIVE: To receive Board approval and award of a work order for SR-29 Canal Culvert Upgrade to Kyle Construction, Inc. in accordance with the Fixed Term Underground Utility Contracting Services Construction Contract (Bid No. 98-2783). CONSIDERATIONS: Collier County has prepared a set of construction plans for the reconstruction of the existing SR-29 Canal driveway culvert crossing to the residence of Mr. John E. Price. The SR-29 canal functions as one of the two major drainage outfalls for the Immokalee area. The Price crossing is one that the County previously replaced in a construction contract awarded on March 11, 1997 by the Board of County Commissioners. Since that time, there has been very unusual settlement of the structure and the crossing needs to be reconstructed. The bid results for the SR-29 Canal Culvert Upgrade Improvements are summarized below: Bidder KVLE CONSTRUCXION, INC. DN Higgins, Inc. Mitchell & Stark Const., Co., Inc. Total Bid Amount $82,622.00 $83,600.00 $127,838.00 FISCAL IMPACT: A budget amendment is needed to transfer funding in the amount of $82,700 from Project No. 31012 to Project No. 31701 within the Stormwater Management CIP Fund (325). Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Award Work Order No. WD-008 to' Kyle Construction, Inc. in the bid amount of '$82,622.00. (2) Direct the Board Chairman to execute work order number WD-008 with Kyle Construction, Inc. (3) Approve the necessary budget amendments. Peter S. Hayden, E.I:, Project Manager Stormwater Management Department Date: i-zS-oI AGENE~A~TE~4 FEB 13 00! Executive Summary SR-29 Canal Culvert Upgrade Page 2 of 2 REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Robert C. Wiley, P~., Senior Project Manager Stormwater Management Department Jol~ H. Boldtj P.E., P.S.M., Director Storm/~ter Management Department No~/nan Feder, Administrator TTnsportation Division Date: Date: Attachments: Work Order Bid proposal Budget Amendment No. t~,~ WORK ORDER # WD - 008 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract ~K)0-3087, Dated September 12, 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: SR-29 Canal Driveway Crossing Upgrade. The work is specified in the proposal dated August 25, 2000 from Kyle Construction, Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WD - 008 is assigned to Kyte Construction, inc. Scope: Contractor to supply labor and material Schedule of Work: Complete within 25 days from the notice to proceed date. Liquidated Damages.: ~500.00 per day. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated amount provided in the schedule below. TOTAL FEE $ 82,622.00 (see attached for cost breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Peter 8. Hayden, E.I. Date Project Manager, Stormwater Management Department REVIEWED BY: ~/~ /-'2~-~// Robert C. W~I~, P.E. Date Senior Project Manager, Stormwater Management Depa~ment APPROVED BY: John~tl'. Boldt, P.E, P.S.M Director, Stormwater Management Department Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk James D. Carter, Ph.D., Chairman Date ATTEST: (Corporate Secretary) Typed Name and Title Approved as to Form and Legal Sufficiency: ,~ A~'stant~County Attorney KYLE,~.ON~N, INC. Charles E. Abraham, President AGENDA ITEM No, FEB 13 2001 Pg. EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 1 FOR PROFESSIONAL ENGINEERING SERVICES BY WILSONMILLER, FOR SANTA BARBARA/LOGAN BOULEVARD SIX-LANING FROM RADIO ROAD TO PINE RIDGE ROAD, PROJECT NO. 62081. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 1 to the contract for Professional Engineering Services by WilsonMiller for the Santa Barbara/Logan Boulevard design and permitting project. CONSIDERATION: On September 12, 2000 the Board approved the Professional Services Agreement with WilsonMiller for the Santa Barbara/Logan Boulevard Design and Permitting. Amendment No. 1 now extends the Project south of Radio Road to Davis Boulevard, along with two additional tasks. It is anticipated this Amendment No. 1 to the design and permitting will be completed in one hundred and ten (110) additional days for a total cost of $547,503. ,~YFISCAL IMPACT: The total additional amount needed is $547,503, for a total cost of $2,775,575. Funds in the amount of $533,900 are budgeted in Road Impact Fee District 2 Fund. A budget amendment is needed to transfer $13,603 from District 2 Impact Fee Fund Reserves and appropriate in the project. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 56 is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 1 to the contract and authorize the Chairman to sign Amendment No. 1 to the County Professional Services Agreement and approve the necessary budget amendment. AGEND~ I'[EM No._/~o (0'~('~ _ FEB 1 3 2001 pg._ 1 ,,. Project Manager REVIEWED BY: APPROVED BY: APPROVED BY: APPROVED BY: Mitch Riley, P.E., Senior Project Manager ..p .. ~ Stephen L. Miller, P.E., Director, T.E. & C.M.D. . Steve dCd;al, Dir.ectg/r, Purc~',/~g/General Services No~n~ Feder, Administrator Tr/tinsportation Division /: / DATE:. DATE: DATE: AGENDA ITEM FEB 1 3 2001 Project 62081 S/A_No. 1 SANTA BARBARA / LOGAN BOULEVARD DESIGN PROJECT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this ~ day of, 2000, by and between the Board of County Commissioners for Colher County, Florida, a pohtical subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and WilsonMiller, Inc. authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 (hereinafter referred to as the "CONSULTANT"). WITNESSETIt Page 1 of 3 WHEREAS, COL2qTY and CONSULTANT currently have a valid Professional Ser~'ices Agreement for the provision of professional services for Santa Barbara/Logan Boulevard (Radio Road to Pine Ridge Road) the COUNTY desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide design services for the extension of the project limits to Davis Boulevard, the addition of title work and vacuum locates, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT agree the additions for Santa Barbara/Logan Boulevard project limits, title work and vacuum locates to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: No.. _ FEB 13 2001 Project 62081 S/A No. 1 ARTICLE ONE CONSULTANT shall provide to COUNTY Professional Engineering services in accordance with Exhibit "A" of this Amendment; as attached hereto. COUNTY agrees to compensate CONSULTANT for services rendered hereunder as prescribed in "Man Hours & Cost Summary", as outlined in said AGREEMENT. Contract fee adjustments: 2.1 Original maximum contract fee= $2,228,072.00 2.2 S/A No. 1 = $547,503.00 Current Contract Fee = $2,775,575.00 The' schedule for said PROJECT for Professional Engineering Services for Santa Barbara/Logan Boulevard Project extension, title work and vacuum locates shall be completed in 110 additional calendar days to the original Professional Services Agreement. The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Santa Barbara/Logan Boulevard project Extension, title work and vacuum locates the day and year first written above. Page 2 of 3 AGENDA ITEM FEB 1 3 2001 Project 62081 S/A No. 1 ATTEST: (As to Chairperson) By: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDWISION OF THE STATE OF FLORIDA By: James D. Carter, Ph.D., Chairman Approved as to form and Legal sufficiency: Assistant Co ~y'Xttomey Witness / Witness (CORPORATE SEAL) Page 3 of 3 AGENDA ITEM No. t ~ r~ ) (,~ FEB ! 3 2001 WilspnMi!ler New Directions In Penning, Das~n & En#in~enng December 13, 2000 Mr. Lynn Thorpe, P. E. Transportation Division Engineering & Construction Management Department Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Subject: Collier County Project No. 62081, Santa Barbara/Logan Blvd. Design and Permitting Man-hours and Cost Summary for Amendment #1 to Extend Project to Davis Blvd. Dear Mr. Thorpe: Please find the enclosed Cost Summary (with backup documentation) to extend the limits of above referenced project approximately one (1) mile south to Davis Blvd. Lump Sum Fees for this Amendment are in the amount of $547,503. The Scope of Services as contained in the Professional Services Agreement dated September 12, 2000 remains the same with the following exceptions: 1. Scope of Services Item 17.1 is amended to include required title searches be performed by the Consultant. 2. Scope of Services Item 7.2.9 is amended to include electromagnetic designation and vacuum excavation of existing underground utilities by Consultant. See enclosed Letter Proposal and Attachment from Tampa Bay Engineering, Inc., dated December 12, 2000. 3. The Project Schedule has been revised to extend the 550 day Project duration to 660 days. The milestone dates have been revised as follows: 30% Plans SubmiCah 7/20/01 60% Plans Submittal: 3/7/02 90% Plans Submittal: 6/10/02 100% Plans Submittal: 9/3/02 WilsonMiller appreciates the opportunity to provide additional services for this important project. Please call me at 649-4040 if you have any questions. Sincerely, Wayne Hart't, P. E. Project Manager Enclosures AGENDA ITEM No. I~( rS) b FEB 13 2001 pg. Xaplas Fort Jfyerw 3200 Bailey Lane, Suite 200 Nap/es, Flor/do 34105-8507 941-649~4040 mv/w. wilsonmiller. WilsonMillet Inc. -- FL L/c.~r L C-COO0 ~ 70 SANTA BARBARA/LOGAN BOULEVARD Amendment #1 SANTA BARBARA/LOGAN BOULEVARD Summary ~ ITEM VV'M, inc SUBCONSULTANTS!! TOTAL ~30% Submittal $123,805 $106.341 $230.146~ ~60% Submittal $121,880 $36,559 $158,43? !90% Submittal $103,105 $5.970 $109,075! 3-100% Submittal $36.775 $0 $.36,775 !Post Design Services $12 200 $868 $13,068 Docs. #88309 00075-002-291 1 of 6 AG,/E~/~rA ITEM FEB 13 2001 12/13/00 ) 0 ' m z A~EINID~ ITi~M No. I~ (62 ~ FEB 13 2001 uJ , ,A~EbID6,1TEM ,~1o. ~ (~) ~ FEB 13 2001 F-- Z E FEB ! 3 2001 ~. / ~ i AGENDA ITEM No. FEB 1 3 2001 ~ z ~-.~ Xo uJ o 0 ' AGENDA ITEM ' FEB 1 3 2001 Sheet Name Santa Barbara/Logan Blvd. 6 laning -Amendment No. 1 Distribution of Manhours Number of 30% Plans 60% Plans 90% Plans 100%Plans Hrs per sheet sheets (hrs) (hrs) (hrs) (hrs) (hm) Subtot. (Hours) Drainage Map 2 30 30 6 6 36 72 Typical Section 1 20 8 4 4 36 36 Plan/Profile Sheets 10 266 232 82 60 64 640 Intersection Details I 12 6 4 2 24 24 Cross Sections 15 120 72 24 24 16 240 SI: ecial Profiles 2 32 18 6 28 56 Drainage Structures. 8 134 52 38 28 224 Summary of Drain. Struct I 8 16 4 28 28 Pond Details 3 64 32 12 36 108 Traffic Control Sheets 15 214 428 78 48 720 Utility Adjustments 10 64 144 32 24 240 Signing & Marking 5 120 40 20 36 180 Signal Plans 2 76 38 22 68 136 Lighting Plans 5 76 42 22 28 140 Totals 8O 2844 Ooc ~ 8804.~ 17,'13/00-Au~or Protect No - Dept Forclef AGENDA ITEM FEB 1 3 2001 Santa Barbara/Logan Blvd. 6 laning, Amendment No. 1 Basis of Sheet Estimate Project Length Dtn, is Blvd to Radio Road 0.75 mi. (1.0 mi. minus 0.25 mi. transition included in original contract.) Davis Blvd. (2 legs) 1,000 ft north and south of Santa Barbara for 6 -lane build-out of intersection Davis to Radio Total 0.38 mi. (2,000 ft) 1.13 mi. (5,960 ft) Sheet Count Drainage Map scale: 1" = 200'; 3,000 ft per sheet Typical Section Plan & Profile Sheets scale 1"= 40'; 7,280 ft / 600 ft per sheet Intersection Details Davis Blvd. Intersection Cross Sections ~ 100 spacing 5,960 ft / 100 ft per x-sect (60 x-sects) 4 per sheet Special Profile Sheets back of sidewalk profiles, 1 "=200' dbl stack 5,960 / 3,000fi per sheet 2 sheets 1 sheet 10 sheets 1 sheet 15 sheets 2 sheets O0075-002-291-~O Page 1 of 2 AGENI~)~ ITEM No. I (~ { G ) !ty FEB 13 2001 Po. i Santa Barbara/Logan Blvd. 6 laning, .amendment #1 Basis of Sheet Estimate Sheet Count Drainage Structure Sheets 5,960 If 5 inlets every 600 ft (50 structures) 6 per sheet Summary of Drair age Str. 50 drainage str., 45 per sheet Detention Pond Details 2 ponds ( 1 sheet each) control structure details (1 sheet) 8 sheets 1 sheet 3 sheets Traffic Control Sheets scale: 1"= 40' dbl stacked 5,960 / 1200 ft per sht = 5 sheets per phase x .3 phases Utilil3' Adjustment Sheets same as plan/profile shts 15 sheets 10 sheets Signing and Marking Plans scale: 1"=40'; dbl stacked 5,960 fall 200 ft per sheet sign details (1 sheet) Signalization Plans 1 intersection sheet 1 pole details Lighting Plans same as Signing & Marking 5 sheets 2 sheets 5 sheets Page 2 of 2 AGENDA ITEM No. /& FEB 1 3 2001 Pg. 12-05-2000 ADDITIONAL SURVEYING SCOPE OF SERVICES Santa Barbara / Logan Blvd. Six-Laning Improvements From Davis Blvd. to Radio Rd. (CR 856) Collier County Project No. 62801 Criteria: Roadway Length ('Approx.) · Mainline Length · Signalized Side Road (Davis Blvd.) · Total Properties Locations · 12 3,960LF, 0.75 miles 2,000 LF, 0.38 miles 5,960 LF, 1.13miles Aerial Tarqets (35 Approx.) - LAMP Fliqht · Targets - Horiz. & Vert. Control Supplemental Conventional Survey · Obscured Areas 20% Assumptions R/VV Sketch & Descriptions will not be required in the following areas: · Along Santa Barbara Blvd. (East and West side) from Davis Blvd. to Radio Road · Along Davis Blvd. (North and South side) · Ownership and encumbrance maps and deeds will be compiled by a local title company. The cost of this service will be passed on to the county with 10% mark-up. 12-05-2000 ADDITIONAL SURVEYING SCOPE OF SERVICES Santa Barbara / Logan Blvd. Six-Laning Improvements From Davis Blvd. to Radio Rd. (CR 856) Collier County Project No. 82801 Typical Desiqn Survey Width · Mainline 0.75 miles (3960LF) @ 100' each side of centerline (50' beyond Ex. RAN) · Signalized Side Road - Davis Blvd., 0.38 miles (2000'LF), 50' beyond existing North R/VV Survey Tasks Set Aerial Targets - 35 - H&V Control survey @$230 per Target Supplemental Topo Survey (Above ground visible features, locate front property corners) Construction Control Baseline References (7 points) Bench Marks - (7) 12 inverts/fiowlines/grate elev. Jurisdictional Lines $1.00 per LF Locate no cut flagging Locate Vacuum Exc. Holes Title Search Cost + 10% Total Survey Fee FEE $8050 $4000 $3000 $4000 $1000 $2500 $3000 $8000 $55OO $39,050 AGENDA ITEM No. FEB 1 3 2001 "AERIAL CARTOGRAPHICSI OF AMERICA, INC. November 3, 2000 Mr. Drew Beck and Mr. Wayne Hart WILSONMILLER, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Subject: Santa Barbara - Davis Rd. to Pine Ridge Road LAMP Proje(:t ACA Proposal #10834,2 Gentlemen: Thank you for requesting a revised quotation to secure aerial photography, :nd provide low level photogrammetric mapping of your project in Collier County, Flodda. ,Ve understand the revised area is alignment is 5.6 miles in length. Additionally sew~n (7) signaled intersections totaling +- 14,000 l.f. will also need to be mapped. A total 3f 8.2 miles of alignment is anticipated. A 200 foot corddor is proposed. All side streets ~vill be mapped to approximately 200 feet from the centerline of Santa Barbara. We propose the following scope of services: Flight: Once the targets are in place, ACA will secure the aerial photog~ ~phy utilizing a Hughs 500 helicopter and a precision mapping camera to obtain black; ~d white aedal negatives suitable for photogrammetdc mapping at the accuracies descd :ed. Additional black and white aedal negatives will be secured for digital imagery at Ihe scales you require. We recommend that the site be mowed prior to target placer'~ent and aeriai photography. Photo Lab: Process the aedal negatives and produce one (1) complete ~ ~et of black and white 9"x 9" contact pdnts. Ground Survey: Pertaining to the survey requirements, ACA will horizontal/vertical targets. The approximate size of these targets shou square. Premade sticky back targets are available or targets can be template. Targets for LAMP must be contrasting black and white square o~ understand WilsonMiller, Inc. will be performing this function as pe specification. Should Aerial Cartographics encounter substantial problen process due to faulty ground control, the additional time extended will ACA will coordinate aedal targeting with the surveyor in order to minimi: 1722 W. Oak Ridge Road · Orlanao, FL 32809 (407) 851-7880 · Fax (407) 855-825~ · E-malt aca_tnfo@aca-net.c www. aca.-nel'.com require _+210 d be 9" to 12" ,~inted using a triangles. We ~' the attached in the mannin~ ~cy cffc~. ~'(~ FEB 1 3 2001 Page 2 Mr. Drew Beck and Mr. Wayne Hart WilsonMiller, Inc. ACA Proposal #10834.2 November 3, 2000 Ma~_~in~_q.' Upon receipt of the ground control information from the su veyor and the completion of the analytical computations, ACA will stereoscopically corr i)ile a 200 foot corridor at the scale of 1" = 40' of the photo identifiable planimetdc features ~ncluding edge of pavement and edge of curbed roads, parking lots, sidewalks, drain;ige structures, meters, valves, fire hydrants, utility poles, manholes and other indicaticms o utility systems, shorelines, ditches, walls, traffic stripping, fences, signs, railroads, brid;es, joints and other miscellaneous planimetric features, DTM vertical data Consisting of l)reaklines and spot elevation will also be collected. No vertical data will be collected in he :~vily vegetated areas. Mapping will be compiled'digitally on a fully analytical plotter and ~:~mply with the Florida Minimum Technical Standards. Mapping data will be edited for 1" :: 40' scale and provided in MicroStation FDOT digital format. We request that WilsonMi ler, Inc. supply the seed files for all MicroStation deliverables. Accuracy: All digital mapping will comply with the Flodda Minimum Techr ~cal Standards. Ninety percent (90%) of the well defined ptanimetric features as visibl.~. on the aerial photography will be plotted within 0.1 feet of its true location. The remain ing ten percent (10%) of the well defined p~animetric features as visible on the aerial phol :)graphy will be in error not more than 0.2 feet. All vertical data will be collected as brea ,.lines and spot elevatons. Ninety percent (90%) of the vertical data tested on hard p;'/ement will be accurate within 0.05 feet and the remaining ten percent (10%) of the dal ~ will be within 0.10 feet.. In vegetated areas where the ground is obscured we will sh~',w void lines to isolate these areas from the DTM. We recommend that the client supplem ~,nt those areas with cross sections or profiles by field survey methods. Raster ImagerY: ACA will scan tl~e film diapositives at a scan rate suitabl. ~. for imagery at the scales you require. Intergraph IS1-1 software will be used to geo-refe,,,~nce the raster imagery. Imagery will be supplied in HMR format on CD-ROM disks. Accuracies: The raster image files will meet or exceed an accuracy of :~ne half of one percent of the distance measured along the controlled alignment. Field Editing (OD.tion..ai): ACA recommends that a field survey verificati¢ ~ be performed due to existing conditior~s that include dense vegetation, tree canopies, ~ r;hicles and the obstructions caused by buildings and similar structures. Although tills field edit is performed by the client or his field surveyor, ACA suggests that this ne~ information be added to the map database in order to produce a complete product. A¢ ;A understands WilsonMiller, Inc. will be responsible for this function. ACA will insert this d i~ta into the final map files. --.. AGEND. AIT~-M FEB 1 3 2001 Page 3 Mr. Drew Beck and Mr. Wayne Hart WilsonMiller, Inc. ACA Proposal #10834.2 November 3, 2000 ~tems to be Delivered: A. One (1) set of 9" x 9" stereoscopic black and white photographs. B. Digital mapping and one (1) set of paper 1" = 40' scale topographic ¢heck plots and 1" = 40' digital files. C. One (1) set of 1" = 40' and 1" = 200' scale black and white digital ra ~ter image files on CD-ROM in HMR format. Fee Schedule: Radio Road to Pine Ridge Road: One hundred thousand two hundred sixty-three dollars $100,263.00 Davis Road to Radio Road: Twenty-six thousand five hundred eighty dollars $26,580.00 Total: One hundred twenty-six thousand eight hundred forty-three dollars$126,843.00 Fees will be valid for a period of ninety (90) days from date of proposal. Payment Terms: ACA will invoice monthly in accordance with per:ent complete. WilsonMiller, Inc. will advise as -to monthly billing dates so as to insure 3e inclusion of ACA's invoices. WilsonMiller, Inc. will submit ACA's invoices to his clie'~t regardless if WilsonMiller. Inc. has an invoice. ACA will be paid within ten (10) days all :;r WilsonMiller, Inc. has been paid, without retainage. We understand that the normal pa,. 'merit schedule for Florida Department of Transportation projects is approximately 25 da, 's. AGENDA ITEM FEB 1 3 2001 Page 4 Mr. Drew Beck and Mr. Wayne Hart WilsonMiller, Inc. ACA Proposal #10834.2 November 3, 2000 We appreciate the opportunity ofsubmitting this proposal and look forward :3 working with you on this project. If acceptable, a space is provided foran authorized sig~ lature. We will con sider the retum of the signed odginal letter as our legal contract and Not ce to Proceed. APPROVED ANDACCEPTED: By: Date: (Authorized Signature) Typed or Printed Name: I have read and agree to payment terms: Authorized Fee:_ (please initial) PO No.:_ Very truly yours, AERIAL CARTOGRAPHICS OF AMERICA~ INC. Steven Kuda, P.S.M. Vice President SK/km Enclosure: LAMP Survey Requirements AGENpA ITEM f 8) FEB 1 3 2001 PHOTOGRAMMETRIC SURVEY REQUIREMENTS in order to allow photogrammetry to meet the very precise accuracies specifiec for this project. the field survey must meet or exceed the following spec;fications or standarc s for targeting. horizontal or vertical accuracy. Analytical triangulation results from LAMP ima!lery can detect horizontal errors as small as 0.02' and vertical errors as small as 0.005'. Targetinci · All targeted points shall be painted or premade targets utilized, Target col :~rs wfll be black and white contrasting squares or triangles. Target size shouhl comply with photogrammetdst specification. · The targets should be placed 'on hard surface wherever possible. If a targ :;t location must fall in a grass area, target and survey hub must be at precisely the same f~levation and as close to surrounding terrain as possible, · Placement of targets need to agree with photogrammetric requirements. · FDOT projects will comply with that district's specifications. Photo Identities · Location and description of these points will be supplied by the photogran ~metrist. Horizontal Control · AJI horizontal control surveys shall be of third order accuracy or better. · Surveys may be performed by. conventional traversing or by GPS. · Furnish control location map and tabulated list (ascii) including horizontal iJatum used. Vertical Control It is recommended that 3 wire or electronic levels be run and extreme care be e:, ~;rcised. · All vertical control shall be of at least third order accuracy. · Control point numbers are to be identified on each photograph. · Furnish a vertical control listing and tabulated list (ascii) including vertical datum used. The horizontal and verticai'points used for photog'rammetric control will be turni ~g points on the traverse and bench run. No side shots will be acceptable unless verified from t~ ~ positions. All control is to be delivered on a compute.r disk in a ASCII format with control m ~p and copies of odginal field notes. This file should also contain information regarding the hodz~ ~ntal and vertical datum used and whether the values are English or Metric. AGE,N~A ITEM NO. /'~ ./'.,~_) ~ FEB 1 3 2001 ~ ~l,~!~.. A ~BE~UPCOW'ANY Dec~mber 12, 2000 Mr. Wayne Hartt Wilson Miller 3200 Bailey Lane, Suil~ 200 Napl~, FL 34105-8507 VIA FAX # (941) 643-$716 Hard Capy to Follow R~: Collier County / Santa Barbara Road Tampa Bay Engineering, Inc. is pleased to submit a fe~ proposal to provide subsurface utility investigation and vacuum excavating to support your roadway plans development. Pha~ One Designating- QI.,B Vacuum Excavation - QLA Sub-Total 29 days @ $1,833.55 13 days @ $2,045.23 $53,172.95 Phase one vacuum excavation of existing subsurface utilities will be done at strategic locations and incorporated wifi~ a heightened level of two (2) dimensional d=signating to allow for error free design consi&-rations and economic business decisions. Phase Two Vacuum Excavation Sub-Total 5 days ~ $2,O45.23 Phase two is a contingency of vea'tical vacuum excavation budget to allow follow-up for any re- designs or site spex:ific applications. · Grand Totsl $92,032.32 If you should have any questions, please don't hesitatc to call m~ at (727) 531-3505. I look forward to working with you on this very ~mportant project. Sincerely, TA_M?A BAY ENGINEERING, INC. Director of Utility Engineering SJT:djl Nick Z¢mbillas, WBE Project File This fee proposal of $92,032.32 is aFrprovcd by: Please sign and r~turn by fax to (727) 539-1294 Attention: Steven J. Tidw¢11 FEB 1 3 2001 18167U.S. 19Nort~,Suit~550 Clmrwamr, Rorida3376a 727-531-3505 Fa~727*539*129d Attachment "A" SCOPE OF SERVICES 1. Obtain utility as-built plans from the appropriate utilit/es involved with fitis project. 2. Notify "Sunshine CHic Call" notification center prior to perfozzn/ng vacuum excavation s~rv/ces. 3. Perfozm elecmoma~ncfic d~si~riatir~ for alefox/mate horizontal aliEnm=nt on metallic utilities. 4. P~zform vacuum excavation for horizontal and vcrlical position. Produce documentation on daily diary and Testhole Da~a Repoz~ for each location. TB~ to provicl~ (MOT) maintenance of traffic. 7. Survey r,o be providexi by others. AGENDA ITEM No. FEB 1 3 2801 December 8, 2000 FORGE ENGINEERING, NC. FORENSIC, GEOTECHNICAL AND CONSTRUCTION CONSULTANTS Mr. Wayne Hartt WilsonMiller. Inc. 3200 Bailley Lane, Suite 200 Naples, Florida 34105-8507 Phone (941) 649-4040 Fax (941) 643-5716 Subject: Santa Barbara Road Widening Radio Road to Davis Boulevard Collier County, Florida VVayne, here is a breakdown of the services anticipated of FORGE for the additional length of madway for the Santa Barbara Road project, and our fee estimate for each phase of work. Task Estimated Ad.d'.~,'onal Fee 1) Roadway Soil Bodngs, Laboratory Testing, Evaluation and Report Preparation S8,500 2) Water Management Pond Drilling, Evaluation and Report Preparation $1,000 3) Exiting Pavement Codng, Labomto~ Testing. Evaluation and Repo~ Prepa~tion $3,500 4) Traffic Signal Soil Bodngs, Laboratory Testing, Evaluation and Report Preparation $3,000 TOTAL ESTIMATED ADDITIO!~J_ FEE $16,000 Call me if you have any questions or need additional information. Sincerely, Fo~. ~lineedng, Inc.' Vice-President ~, AGENDA ITEM FEB 1 3 2001 6200 SNmLEY S3'., SUITE 204, NAPLES,, FLORIDA 34109 · (941)514-4100 · FAX (941)514-4161 ' E~IL: forge@gate.net AGENDA I'~"EM FEB 1 3 2001 EXECUTIVE SUMMARY APPROVE APPROPRIATIONS OF EXPENDITURES BASED ON RECOGNIZED ADDITIONAL REVENUES RECEIVED IN SOLID WASTE FUND. OBJECTIVE: The Board has recognized additional revenues generated by sales of corrugated cardboard and white goods. Staff' is requesting Board of County Commissioners approval for appropriations of expenditures to utiliTe additional revenue, including upgrading the curtrot vacant part-time Equipmere Operator I position to a full- time position. CONSIDERATIONS: The Board approved a part-time Equipment Operator I position for the Marco Transfer Station for FY2001 to handle the increasing work-load and improve safety. The staff is requesting Board approval for appropriations of expenditures including upgrading the vacant part-time Equipment Operator I position from 29 hours to 40 hours per week to handle additional workload in recycling operations at our Transfer Stations. Over the last five months it has been very difficult to fill this position. There are very few candidates willing to accept a part-time position that provides no benefits. Changing this position to full-time will facilitate recruitment of a qualified employee and will address safety concerns at Solid Waste Transfer Stations. FISCAL IMPACT: Funds equal to $27,500 were budgeted for a part-time position for FY 2000/01. Additional funds of $8,538 for salaries and $15,000 for overtime will be needed. Funds are available from scrap material sales that was recognized as revenues by the Board on January 9th, 200t under agenda item 16(C)5. GROWTH MANAGEMENT IMPACT: There is no growth managemere impact associated with this item. RECOMMENDAT,ION: That the Board of County Commissioners approve the recommended expenditure appropriations and authorized staff to recruit a full time Equipment Operator I and approve Budget Amendment to reflect final figures. SUBMITTED BY: ~A~t~ ~~~-~r2,~ ~ Date: J~ Lod'ghri~lge, T~ansfer Station Crew Leader ..... / REVIEWED BY: APPROVED BY: ~f. Ge~'ge'Vilma_ _z~ Ph.D., P.E., P.H. ~irector, Solid Waste Department Ja~'s V. Mudd, P.E., Public Utilities Administrator EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN ON IMMOKALEE ROAD, CONTRACT 98-2790, PROJECT 73943. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Amendment 3 to the Professional Services Agreement with Greeley and Hansen for additional design and construction services for the 30-inch Parallel Sewer Force Main on Immokalec Road. CONSIDERATIONS: On July 28th, 1998 as Agenda Item 16(B)(4), the Board approved the final ranking of consultants and entered into an agreement with Greeley and Hansen for design and construction services for the proposed new 30-inch Parallel Sewer Force Main located on the Immokalee Road segment between U.S. 41 and Goodlette-Frank Road. On April 13th, 1999 as Agenda Item 16(B)(9), the Board approved Amendment 1 to the Professional Services Agreement with Greeley and Hansen. This amendment increased the original design budget to accommodate additional engineering services for design coordination with several adjacent planned construction projects, including the widening of U.S. 41, the Granada Shoppes and Creekside Park West developments south of Immokalee Road, and two proposed raw/reuse water pipelines along Goodlette-Frank Road. On February 22nd, 2000 as Agenda Item 16(B)(5), the Board approved Amendment 2 to the Professional Services Agreement with Greeley and Hansen for the additional engineering services required to accommodate new design changes to the pipe route and utility easement acquisition efforts as a result of meetings with adjacent property owners. This $1.7 million sewer project started construction in August 2000. Progress has been negatively impacted by other construction contractors working in the vicinity of the County's sewer project. In the spirit of cooperation with private developers and their contractors working in the area, County staff directed our contractor to adjust their sequence of construction. This extended the construction time. The level of effort for construction engineering and inspection services has increased proportionally. Inspection services are proposed to be increased from part-time thirty hours per week for twenty weeks to full-time at fifty hours per week for an additional eleven weeks. Staff has negotiated a fee increase of $61,866 as documented in the attached January 23, 2001 amendment proposal from Greeley and Hansen. The following summarizes the breakdown of costs associated with Amendment 3: ~,~ ~T~,~ I N0 ' '""'/6 ~---' ~/'x Executive Summary Approve Amendment 3 for Design of 30" Sewer Force Main on Immokalee Road Page 2 Original Contract #98-2790 Amendment 1 Amendment 2 Amendment 3 (Proposed) $168,541 $ 24,936 $ 49,575 $ 61,866 TOTAL (Proposed) $304,918 FISCAL IMPACT: Funds in the amount of $61,866.00 are available in County Wastewater Capital Projects. Source of funds is Fund 413 - Sewer Impact Fee. GROWTH MANAGEMENT IMPACT: This project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio gove. rning board of the Collier County Water-Sewer District, approve and authorize the Chairman to execute Amendment 3 to Professional Services Agreement with G'reeley and Hansen for the design and construction of the 30-inch Parallel Sewer Force Main on Immokalee Road. PREPARED BY: ~',-~ ~' ~' DATE: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department REVIEWED BY: Karl Boyer, P.E., Interim Director Public Utilities Engineering Department DATE: ~Ja~i~¢s V. Mudd, P.E., Admi~i-fft;ator Public Utilities Division DATE: Attachments: Amendment 3 approved by the County Attorney's Office. MVT:mvt FEB 132 01 [ DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated July 28, 1998 (hereinafter "AGREEMENT") is made and entered into this __ day of ., 2001, by and between the Board of County Commissioners for Collier County, Flodda, 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 Greeley and Hansen, LLP, an Illinois partnership, authorized to do business in the State of Florida, whose business address is 13180 North Cleveland Avenue, North Fort Myers, FL 33903 (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 Design and Implementation of 30" Parallel Sewer Force Main 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 changes in the design effort and concept of the force main; 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: AC~ N~,A IT£H NO. /~, ~-~. FEB 13 2001 PG. ~ ARTICLE ONE 1.1. CONSULTANT shall p~ovide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the changes in the design effort and concept of the force main affecting the original design 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, B, and C; and Schedule C, 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, B, and C 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. NO. FEB 1 3 IN WITNESS WHEREOF, the parties hereto have executed~.this AMENDMENT to the Professional Services Agreement for Design and Implementation of 30" Parallel Sewer Force Main 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: James D. Carter, Ph.D, Chairman Approved as to form and legal sufficiency: Assistant County Attorney Witness GREELEY AND HANSEN, LLP By: Terry L. , P.E., Partner (CORPORATE SEAL) FEB 13 2001 I COLLIER COUNTY GOVERNMENT PUBLIC UTLITIES ENGINEERING PROJECT NO. 73943, CONTRACT NOe 98-2790 Design and Implementation of 30-Inch Parallel Sewer Force Ma'm Professional Services Agreement Amendment No. 3 Greeley and Hansen January 23, 2001 The following are descriptions and estimated engineering costs for additional tasks not included in the Scope of Services: Task No. Task Description Estimated Engineering Cost A.6.5.1 Additional construction coordination meetings associated with ongoing construction adjacent to the 30-inch force main construction, including meetings with Grenada Shoppes (Courtelis Construction Company), FDOT regarding US 41 Construction, NCRWRF, and Creekside Commerce Park (Barron Collier). Services include preparing letters, attending meetings and preparing and distributing meeting minutes. $6,151.00 A.6.5.2 Preparation of revised drawings to reflect changed field conditions. Changes include revised US 41 crossing alignment, revised interconnection details, vertical and horizontal force main alignment changes at three locations in Creekside Commerce Park and alignment changes to accommodate revisions to the new storm sewer along Immokalee Road. $6,093.00 A.6.8.1 Additional review of contractor payment requests and monitoring project records for the additional duration of construction. $924.00 A.6.10.1 Additional change order negotiation. $1,401.00 A.6.13.1 Preparation of additional Record Drawings for additional plan sheets required by the revised force main alignment. $1,561.00 Page 1 of 2 Task No. A.7.1.2 Task Description Estimated Engineering Cost Additional Construction observation. The original Contract and Amendment No. 1 provide for 590 hours of Construction Observer time. In order to provide full-time observation up to the final completion of construction, an additional 536 hours of construction observer time are anticipated. There have been several construction related issues which have added to the inspection time. It was initially anticipated that the interconnection construction (and construction inspection) would be concurrent with the 30" force main construction. In order to minimize construction conflicts with adjacent construction projects, casing pipes under new County roadways (at the request of the developer) and all of the interconnections were constructed prior to delivery of the 30" pipe. There have been several issues with adjacent construction projects which have impacted and slowed the progress of the force main construction. These delays include work through the Creekside Commerce Park, the North County Water Reclamation Facility and along the north side of Granada Shoppes. There have also been several days of construction delays related to pipe manufacturing problems. Further, due to the complexity of the construction, the County has requested Greeley and Hansen provide full-time inspection services. The above changes add eleven weeks of construction inspection time. $40,736.00 A.8.E The Consultant will perform other additional services, which are not part of the above scope and which cannot be defined at the time of this amendment, as authorized in writing by the County, during construction, startup, or after completion of construction. $5,000.00 TOTAL FOR AMENDMENT NO. 3 $61,866.00 E:\SHARED\COLLIER\COLLAM 3 .WPD Page 2 of 2 AG£ I'~D/~ I l£i~l No. /6 e. ~, FEB 1 3 200i 7 SCHEDULE B - ATTACHMENT A REVISED SHEDULE OF FEES FOR BASIC SERVICES DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEVVER FORCE MAIN AMENDMENT NO. 3 TO PROFESSIONAL SERVICE:~S AGREEMENT Greeley and Hansen January 2001 FEE PREVIOUS AMENDMENT REVISED TASK NO. TASK DESCRIPTION IN CONTRACT AMENDMENTS NO.3 FEE A.2 ~ DESIGN REPORT 23,948.00 15,404.00 0.00 39,352.00 A.3 PRELIMINARY DESIGN 33,266.00 16,846.00 0.00 50,112.00 A.4 FINAL DESIGN 13,020.00 1,501.00 0.00 14,521.00 A.5 CONSTRUCTION BID SERVICES 6,876.00 1,560.00 0.00 8,436.00 A.6 CONSTRUCTION CONTRACT ADMINISTRATION 19,354.00 2,012.00 16,130.00 37,496.00 SUBTOTAL BASIC SERVICES TASKS A.2 -A.6 961464.00 37~323.00 161130.00 149~917.00 SCHEDULE B - ATTACHMENT C SHEDULE OF FEES FOR ADDITIONAL SERVICES A.7 A.8 A B C D E OBSERVATION OF CONSTRUCTION ADDITIONAL SERVICES PERMITS SURVEY SOILS INVESTIGATIONS EASEMENTS MISCELLANEOUS SERVICES SUBTOTAL ADD'L SERVICES TASKS A. 7 AND A.8 $37,435.00 $5,210.00 $20,910.00 $8,522.00 $O00: $72,077.00 $9,566.00 $2,535~00 $10,738.00 $89.00 $14,260.00 $37,188.00 40,736.00 0.00 0.00 0.00 0.00 5,O0O.OO 45,736.O0 $87,737.00 $7,745.00 $31,648.00 $8,611.00 $14,260.00 $5,000.00 $155.001.00 TOTAL ENGINEERING SERVICES $168,541.00 $74,511.00 $61,866.00 $304,918.00 Page 1 of I FEB 1 3 SCHEDULE B - ATTACHMENT B REVISED CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT Greeley and Hansen January 2001 EMPLOYEE CLASSIFICATION HOURLY BILLING RATE Partner Project Manager Senior Engineer Engineering Technician CADD Drafter Construction Manager Construction Observer Clerical 183.00 139.81 101.64 70.64 59.72 137.86 76.00 55.18 SCHEDULE C DESIGN AND IMPLEMENTATION OF 30" PARALLy,EL SEWER FORCE MAIN AMENDMENT NO. 3 TO PROFESSIONALiSERVICES AGREEMENT REVISED PROJECT SCHEDULE TASK A.2 A.3 A.4 A.5 A.6 A.7 DESCRIPTION DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION DETAILED OBSERVATION OF CONSTRUCTION Greeley and Hansen January 2001 TIME FOR COMPLETION 74 weeks 10 weeks 16 weeks 6 weeks 38 weeks CUMULATIVE TIME FOR COMPLETION 74 weeks 84 weeks 100 weeks 106 weeks 38 weeks 144 weeks Notes: Times for completion are from the Notice to Proceed, dated August 5, 1998. The project shedule has been revised to reflect additional construction time associated with extra time for pipe delivery and extra time associated with delays due to adjacent construction projects at Granada Shoppes, Creekside Commerce Park, US 41 and at the North County Water Reclamation Facility. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the actual completion of construction date. Estimates of engineering time and costs for these services are based on the contractor's schedule for completion of construction. FEB I 3 2001 P6. /o ,.....,.~ EXECUTIVE SUMMARY APPROVE WORK ORDER FOR ENGINEERING SERVICES TO RELOCATE' UTILITIES IN CONJUNCTION WITH U.S. 41 ROAD WIDENING FROM RATTLESNAKE HAMMOCK ROAD TO BAREFOOT WILLIAMS ROAD, PROJECTS 70045 AND 73045. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning to widen U.S. 41 between Rattlesnake Hammock Road and Barefoot Williams Road. Collier County has underground water and wastewater facilities that will require relocation to accommodate the road widening project. Staff has negotiated Work Order TBE-FT-01-03 with Tampa Bay Engineering, Inc. (TBE) to provide engineering design services and services during construction related to County utility relocations necessitated by the road widening. FISCAL IMPACT: The total amount of this Work Order is $58,740.00. Funds in the amount of $29,370.00 are available from project 70045 - FDOT Joint Projects-Water. The source of funds is water user fees. Funds in the amount of $29,370.00 are available from project 73045 - FDOT Joint Projects- Sewer. The source of funds is sewer user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and 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 and authorize the Public Utilities Engineering Director to sign Work Order TBE-FT-01-03 to Tampa Bay Engineering, Inc. for engineering services to relocate utilities related to US 41 widening, projects 70045 and 73045. PREPARED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department DATE:' /~ 52 ~7,---~0 / AG£NOA IT£~ NO.~ ~ FEB 1 3 2OOi PG._~ ~ Executive Summary Approve Work Order Page 2 REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: · Karl W. Boyer, P.E., Int~m Director Public Utilities Engineering Department DATE: Paul E. Mattausch, Water Director DATE: ~///~0//~/ J~seph Cheatham, Wastewater Director ,./~--_ ~, . ,,n,,7~.~_.~/, J~ffnes V. Mudd, Administrator Public Utilities Division DATE: RFD:rfd WORK ORDER # TBE-FT-01-03 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 (Title) Utility Relocations for US 41 from Rattlesnake Hammock Rd. to Barefoot William~ Kd (Reason for Project) Reiocate Countv utilities for FDOT road widening project. The work is specified in the proposal dated January 16, 2001, which is attached hereto and made a part of this Work Order. tn accordance with the Terms and Conditions of the Agreement referenced above, Work Order # TBE-FT-01-03 is assigned to Tampa Bay Engineering Inc. (Firm Name) Scop:~ of Work: Task 1: Subsurface utility engineering Task 2; Design Task 3: Permitting Task 4: Bid Assistance Task 5: Services during construction Task 6: Resident Inspection Schedule of Work: Complete design work within 60 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 Firm ~n accordance with the negotiated amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I: $ 5,000.00 (Time & material) Task 2: 518,000.00 (Time & material) Task 3: $ 6,000.00 (Time & material) Task 4: $ 1,000.00 (Time & material) Task 5: $ 7,500.00 (Time & material) Task 6: 521,240.00 (Time & material) TOTAL FEE NOT TO EXCEED $58,740.00 Any change within monetary authority' of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Ronald F. Dillard, P.E., Project Manager ~ / ,, , , ~t ¢' · ,/ AUTHORIZED BY: /~--.-.--;'/?,'~?~.,.~:/C Paul E.' Mattausch. Water Director .aUTHORIZED BY: ~'~ (2.~P~" J~seph Cheatham, Wastewater Director /- Date Date Date Date APPROVED BY: Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department Approved as to Form and Legal Sue~ncy: O J t t Ass~istant ~ounty Attorney ATTEST: (Corporate Secretary) V/' Craig D. Snyder Vice President. CFO Type Name and Title J:~J)OC2XPubWks.pro\Collier\colworkor.doc ACCEPTED BY: Date: . Tampa Bay Engineering, Inc. Name of Firm By: Signature Robert G. Brown PE, Senior Vice President Type Name and Title January 23, 2001 NO._ /6, C .~ January 16, 2001 Ronald Dillard, PE Project Manager Collier County Government 3301 East Tamiami Trail - OCPM Building Courthouse Complex Naples, FL 34112 US 41 from Rattlesnake Hammock to Barefoot Williams Road Financial Project 113 1953891 State Project No. 03010-3542 Utility Relocation for Collier County Utilities Dear Mr. Dillard: As you requested, TBE is pleased to submit this proposal for design of utility relocations for the subject project. The following utilities will be relocated: From approximately Station 70+35 to Station 71+00, construct a 12 inch aerial bypass water line around the bridge. The line will be constructed north of the bridge, on separate dedicated piles. Cut and cap the old 12 inch water line at Stations 70+40 and 70+95. 2. At approximately Station 92+00, relocate the existing fire hydrant to 23 meters from the centerline. o Construct a new 24 inch sewer force main in the median from Station 109+64 to Station 112+25, then jack and bore across the southbound lane and tie into the existing 24 inch force main approximately 30 meters from the center line at Station 112+38. TBE will prepare all permit applications for the above relocation work for submittal by Collier County. In addition, TBE will perform utility locates as directed by Collier County, to verify the location and elevation of other utilities in the project area which may cause a conflict. Utilities will be located both horizontally and vertically. This proposal includes an allowance for two (2) days of utility locate work. TBE will prepare drawings and technical specifications for the utility relocation work, to be performed by one of Collier County's utility contractors under their continuing services contract. Drawings will be prepared using?ase roadway design drawings and geotechnical information at Ronald Dillard, PE January 16, 2001 Page 2 the proposed bridge location provided by Michael Baker Jr., Inc. Technical specifications will be prepared in accordance with Collier County standards. During construction, TBE will provide full time on-site resident inspection during construction. Additionally, we will provide bi-weeldy site visits and telephone consultation by the en~neer. Fee: TBE shall perform the above scope on a time and expense basis for a not to exceed fee of $58,740 apportioned as follows: 1. Subsurface utility engineering:2 days @ $2,500/day$5,000 2. Design: $i 8,000 3. Permitting: $ 6,000 4. Bid Assistance: $1,000 5. Services during construction: $ 7,500 6. Resident Inspection: 9 weeks ~ $59/hr $21,240 Total: $58,740 The fees for this project should be apportioned equally between water and wastewater. We look forward to working w/th Collier County on this project. Please contact me if you have any questions. Sincerely, TAMPA BAY ENGINEERING, INC. Thomas T. Jones, PE Project Manager TTJ:hs cc: Dorian Modjeski, TBE J:kDOC2kPubWks.proL2000\Collier\US41 .doc EXECUTIVE SUMMARY ACCEPT THE TEMPORARY CONSTRUCTION EASEMENT FROM MAPLEWOOD HOMEOWNERS' ASSOCIATION, INC. FOR CONSTRUCTION OF A 20-INCH RECLAIMED WATER MAIN PROJECT OBJECTIVE: That the Board of County Commissioners accept the Temporary Construction Easement from Maplewood Homeowners' Association for construction of a 20-inch reclaimed water main on Radio Road. CONSIDERATION: 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 a reclaimed water management system. One of the reuse projects recommended is the extension of the existing 20-inch reclaimed water main from its future terminus just east of the Briarwood entrance to the west edge of the existing Florida Power and Light easement, then extend south under Radio Road and connect to an existing 20-inch main at the Foxfire area reclaimed water storage tank. A Temporary Construction Easement along the southerly portion of Tract "A" of Maplewood, Unit 1 is required for construction of a 20-inch reclaimed water main along Radio Road. The proposed 20-inch reclaimed water main will be constructed within the existing right-of-way. The Maplewood Homeowners' Association Inc. has executed a Temporary Construction Easement, by donation. Copy of the executed Temporary Construction Easement is attached. In order to ensure that Collier County's interests are protected, the Temporaw Construction Easement has been reviewed and approved by the County Attorney's Office, the Public Utilities Engineering Department, and the Public Utilities Division. FISCAL IMPACT: Recording costs shall not exceed $50.00. Funds are available in the Sewer Capital Project, 20-inch Radio Road Reclaimed Water Main. GROWTH MANAGEMENT: The project is needed for the reclaimed water management system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(C)(4) and 12(C)(5). AGE:~DA ] :1'1~ ~ NO. /~, ~ ~.~ FEB 1 3 2001 Executive Summary Accept Temporary Construction Easement for 20-inch Reclaimed Water Main Page 2 RECOMMENDATION: That the Board of County Commissioners accept the Temporary Construction Easement donated from Maplewood Homeowners' Association, Inc.; and authorize recordation in the Public Records of Collier County, Florida. SUBMITTED BY: Cindy M. E~b, Real Property Specialist III Real Property Management Department DATE: / ~,2-.9-(? / REVIEWED BY: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: Aarl uoyer, ~'.~-., ~nmnm Director Public Utilities Engineering Department APPROVED BY: James V. Mudd, P.E., Administrator Public Utilities Division DATE: PROJECT: Radio Road 20" Reclaimed Water Main FOLIO: 56570000102 p~ep&red by:~ -1~ Ellen T. Chamm ,Esqutre Office of the £ount~ At~orneE 3301 East T~mi~mt Trail Naples, Ftori6a 3411Z (9411 774-8400 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT made and entered into this c~ day of ~ [~[~ , 200~, by MAPLEWOOD HOMEOWNERS' ASSOCIATION, INC., a Flodda not-f~3'~-profit corporation, whose mailing address is 4148-A Corporate Square, Naples, FL"34104, (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Flodda 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary construction easement to enter upon the following described lands located in Collier County, Flodda, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of construction and installation of public improvements adjacent thereto. This Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on December 31, 2001, whichever occurs first. Grantee shall restore the surface of the Easement Area to the condition existing pdor to the commencement of construction adjacent thereto. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above wdtten. WITNESSES: .- ^. wooo .o ow.E.S' ~ignature) ' i - ~ ,, , ASSOCIATION, INC., a Flodda not-for- ~l,Jq ~'~~t~ proffi ~momfion ~gnature) PresideA~ice President (Pdnt Name) FEB 1 3 2001 P6. ~ ,, (Affix notarial seal) My C~mm The foregoing ~r~mpomry Construction F~.~sement.was acknowledged before me this ~' day of U/J./~lr~( , 200~, by ~l"Z~t~. (~£P_.p_,'~ , Presid~,..,.~.~ice President, on behalf ~f Maplew~pd Homeownem' Association, Inc, a Florida not-for- profit ~..oration, who is p?rsonall~ me or who has produced as identification. - r (pn~l~la~e of N_otary) Com~ssion # ~.d_ c~,%/~ ~ ,,_%'-',%/ My Commission Expires:~./L Y [~ ¥ AC.~ ND · IT£M NO.__/~C, .L~ ._ FEB 1 3 2001 PC,._ z,/- _ PRO,IECT PARCEL FOLIO ...<~ ?,~o~ Deecrlp tlon The Southerly 10.00 feet of Tract 'A' as shown on the Plot of Maplewood Unit 1 o- recorded in Plot Book 2.5 at Po~es I end 2 of the Public Records of Collier County, Florida Notes: 1. This is not a survey. 2, Beale of bearing le the southerly line of Tract "A' am being S88'35'22'W, 5. Subject to easements, relervatlone end restrictions of record. 4. Not votld without bearing the original ~{gnoturs end arubaseed seal of o Florida registered Surveyor end Mapper. I _ s_..a.~___ mA,CT "A' RADIO ROAD FOR ]HE EXCi. U'OVE USI[ OF: Coalw' C~uaty 100' F.P.L I DATE 7-00 FILE NAJaE; 15175SK.DWG Tue Jul 18 0§: 16:{6 2000 NOT VALJO ¥{ITiOUT THE e~GiNA'RJRE ANO ]HE ORI~N.. RN~ S{[AL OF A FLORJnA UC~)IS~D SUR~'YOI{ AND MAPPER WILKISON ,&: TES CONSULTING ENGINEERS AND SURVEYORS ,3505 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO, (941) 64,3-5173 FLORIDA BUSINESS UCENSE NO. LB5770 } FB p(~ { O{~,~WN BY I PROJ./OWG. NO. { nn.',,', FEB 1 3 [ EXECUTIVESUMMARY AWARD A CONTRACT TO STEVENS AND LAYTON, INC. TO CONSTRUCT A 16" WATER MAIN ON RADIO ROAD FROM SANTA BARBARA BOULEVARD TO CR 951, BID 00-3183, PROJECT 70029. OBJECTIVE: To improve water service to customers in the southwestern portion of the water service area. CONSIDERATIONS: The Water Master Plan calls for installing a new 16-inch water main along Radio Road between Santa Barbara Boulevard and Collier Boulevard (CR 951). This project provides for construction of that water main. On January 18, 2001, eleven bids were received as follows: Stevens & Layton, Inc. Mitchell & Stark Construction Co., Inc. Sun Coast Underground Utility Const. Corp. Florida State Underground, Inc. Honc Construction, Inc. Haskins, Inc. Douglas N. Higgins, Inc. Denco Construction, Inc. Cross Country Underground, Inc. Strickler Bros., Inc. Asphalt Consultants, Inc. $607,939.50 $721',203.95 $733,313.50 $741,288.29 $742,235.50 $744,847.50 $781,270.00 $890,830.00 $952,366.70 $953,988.00 $1,256,000.00 The Engineer's Estimate for the project was $715,000. Stevens and Layton, Inc. was the lowest, responsive bidder. Stevens and Layton, Inc. has a satisfactory performance record on previous projects involving similar work. The Engineer has reviewed the bid with a representative of Stevens and Layton, Inc. and recommends award to them. FISCAL IMPACT: Funds in the amount of $607,939.50 are available in the Water Capital Fund. Source of funds is Water Impact Fees. This project is in the approved 200! budget. GROWTH MANAGEMENT IMPACT: The project is consistent with the Water Master Plan Update adopted by the Board on October 22, 1996, Agenda Item 8-B-1. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award a contract to Stevens and Layton, Inc. and authorize the Chairman to execute an Agreement in the amount of $607,939.50 for Bid 00-3183. ,0.., ,(6,,e_. ~\ FEB 1 3 2001 PG. ~ : Executive Summary Award Contract Page 2 PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department ' Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department DATE: DATE: Steve Camel',E'Purchas~ng Director DATE: Paul E. Mattausch, Water Director DATE: Jarties V. Mudd, Administrator Public Utilities Division DATE: RFD:rfd i AGENDA IT£M f FEB I 3 200i EXECUTIVE SUMMARY APPROVE FUNDING FOR LAWSUIT AGAINST BOYLE ENGINEERING CORPORATION FOR CLAIMS ARISING FROM THE DESIGN AND CONSTRUCTION OF THE ORIGINAL NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70002 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve funding for legal fees associated with an on-going lawsuit. CONSIDERATION: On December 15, 1998, under agenda item 16(B)(13), the Board of County Commissioners authorized the County Attorney to file a lawsuit against Boyle Engineering Corporation for claims arising from the design and construction of the original North County Regional Water Treatment Plant, Project 70002. Since then, we have paid $119,847 for legal services provided through October, 2000. Assuming the lawsuit will be settled by mediation, it is estimated that an additional $93,500 in attorney's fees and expenses are needed. The lawsuit has been filed. A non-binding arbitration session is scheduled for February 8, 2000. A follow-on mediation is being scheduled for sometime in April or May, 2000. More fees would be required jn the event the lawsuit cannot be settled though mediation and goes to trial. Background The remainder of this portion of the Executive Summary is a recap of the Executive Summary from December 15, 1998, agenda item 16(B)(13). On June 19, 1990, the Board approved a contract with Boyle Engineering Corporation (Boyle) to'perform a broad range of services in connection with the planning, design, construction and start-up of a new water treatment plant. The plant was to operate initially at 12 million gallons per day (MGD), and to be expanded to 20 MGD within 3 to 5 years. Boyle was to design the plant so that the transition to 20 MGD could occur without the need to redesign or rebuild any of the existing capital facilities. Boyle prepared all construction documents, administered the contract, inspected the work and provided start-up services. The Board approved a construction contract to Great Monument Construction Company (GMCC) on November 15, 1991, in the amount of $14,790,000. The work was to have been completed within 510 days. Problems arose almost immediately upon commencement of the work. Ultimately, GMCC sued the County claiming delays as a result of changes to the design and because the work was not properly administered. The project was completed 274 days late and the County was forced to pay an additional $2.1 million to settle the litigation with GMCC. The County's liability was caused, in part, by Boyle's failure to properly design and administer the project. FEB 1 3 2001 Executive Summary Approve Funding for Boyle Lawsuit Page 2 Boyle is therefore obligated to compensate the County for losses related to the GMCC litigation (derivative claims.) In addition to derivative claims, the County has or will incur expenses to correct design deficiencies and to replace defective work which should have been rejected by Boyle during construction (direct claims.) Total fees paid to Boyle total $2,148,144. Total derivative and direct claims against Boyle exceed $2.8 million. The County's discussions with Boyle, its agents and counsel, by County's staff, the County Attorney and outside counsel, have not resulted in any proposed relief to the County upon its claims. The law finn of Carlton Fields has been assisting the County under its retention agreement with the County providing services based on time and reimbursable expenses. Carlton Fields recommended that the County's claims and interest in this matter be pe/'suaded by the preparation and filing of a lawsuit by the County against Boyle, initially pursuing mediation, and trial, as appropriate. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $93,500 from Reserves for Water Capital Outlay to the North County Regional Water Treatment Plant project number 70002. The source of funds is user fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment related to legal fees for the on-going lawsuit against Boyle Engineering Corporation for claims arising from the design and construction of the original North County Regional Water Treatment Plant, Project 70002. Karl W. Boyer, P.E., Utilities Engineering Interim Director Jam~ V. Mudd, P.E., Public Utilities Administrator FEB 1 3 2001 EXECUTIVE SUMMARY APPROVE WORK ORDER NUMBER TB-FT-01-02 WITH TAMPA BAY ENGINEERING FOR WEST WINDS SYSTEM REHABILITATION DESIGN OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve Work Order Number TBE- FT~01-02 with Tampa Bay Engineering for the design phase of the West Winds System Rehabilitation Project. CONSIDERATIONS: The Water Distribution Section is responsible for the installation and maintenance of all water mains, service lines and water meters within the West Winds Subdivision located approximately 3 miles east of Collier Boulevard on U.S. 41. The West Winds water system was installed by residents and local plumbers, and is not in compliance with current Collier County Water District installation codes. This area has experienced a higher incidence of water main and service breaks, and is deteriorating at a higher than normal rate. Additionally, because the distribution system is undersized, it does not provide adequate fire protection by today's standards to the residents of this area. The Water District' is implementing a program to replace and rehabilitate portions of the distribution system which do not meet current construction standards and are experiencing a higher than normal number of failures. The West Winds subdivision will be the first area to be completed as part of this program. Tampa Bay Engineering will perform necessary surveys, develop the plans for new water main and service installation, and provide assistance in the hiring of an underground contractor to perform the construction portion of the project. FISCAL IMPACT: The fiscal impact of the approval of the design portion of this project is in the amount of $69,300. Funds for this portion of the project are budgeted and available in the Water System Rehabilitation Project Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to the approval of this work order. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Work Order Number TBE-FT-01-02 to Tampa Bay Engineering to begin work on the West Winds System Rehabilitation Project. .¢. /___~_%_ :} ..... FEB 1 SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Pamela Libby, Distrib~ffon jS~pervisor Paul Mat~ausch, Water Director ell,"Purchasing Director Consent Agenda WORK ORDER-#TBE-FT-01-02 This Work Order is for specific Engineering Services: Title of Project: Collier County Water Distribution System Rehabilitation Project - West Winds Subdivision Reason For Project: The current water system within the West Winds area is sub- standard and does not meet current fire code. The Water Department will be rehabilitating this system and desires to hire Tampa Bay Engineering to complete the five (5) items of work specified in Attachment A. This work is specified in the proposal dated November 14, 2000, which is attached hereto and made a part of this Work Order. It accordance with the Terms and Conditions of the Agreement referenced above, Work Order # TBE-FT-01-02 is hereby assigned to Tampa Bay Engineering, Inc. Scope of Work: See proposal attached hereto as "Attachment A." Schedule of Work: All work to be completed work within six (6) months from date that this Purchase Order is issued. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm on a lump sum basis. Cost: ARer the services are rendered and are finally accepted by the County in writing, a lump sum of'$69,300 will be paid for the services specified in Attachment A. Changes, if any, that call for payment above the monetary authorization of this Work Order ($69,300) shall be considered "additional service" and shall be charged to the County according to Schedule A of the Agreement. This Work Order does not authorize any such changes. Such changes, if any, require expressed prior written approval from the County. Prepared by: ~~~ ~ / /~l/o/ Authorized by: ~-~~' ~~~ /~'/, Accepted by: Assistant County Attorney Date: Thomas T. Jones, PE Project Manager By: · ~[no, tTt~. .... no. /~,~ 2' ,., FEB 1 3 20; } ENGINEER5 FIANNER5 'Quality By Design" November 14, 2000 Jesse Kormony Field Supervisor Collier County Government 3301 East Tamiami Trail, Building H Naples, FL 34112 Westwind Trailer Park Design of Water Distribution System Dear Mr. Kormony: As you requested, TBE is pleased to submit this proposal for design of a new water distribution system within the Westwind Trailer Park to replace the existing substandard system. The existing system consists of approximately 18,000 feet of 2-inch through 6-inch PVC pipe. The new system will consist of 4-inch, 6-inch and 8-inch PVC pipe, with fire hydrants at appropriate locations, and will be routed generally in the same location as the existing system in order to facilitate relocation of the water services to the new system. Where feasible, the new system will be looped. Where 1ooping is not possible, a blow-off valve will be installed at the end of the run. All piping will be buried with at least 30 inches of cover. TBE shall prepare contract documents consisting of drawings and specifications suitable for bidding by Collier County. Design shall conform to Collier County standards, and shall utilize County standard details and specifications where applicable. TBE shall prepare permit application required by FDEP for construction of the project for submission by Collier County. TBE shall assist Collier County during. the bidding process by answering questions, preparing any necessary addenda, and evaluating bids received and making a recommendation for award. Deliverables: The following deliverables shall be submitted to Collier County: 1. Preliminary Design Memorandum that will present design assumptions, design criteria, preliminary piping layout, etc. 2. 60% complete contract documents for review by Collier County. 3. 95% complete contract documents for review by Collier County. 4. Final contract documents consisting of one reproducible set of drawings and specifications, as well as electronic set of each (AutoCAD 14 for drawings and Microsoft Word for specifications). 5. Opinion of probable construction cost. 6. Permit application and all necessary signed and sealed sets of contract documents for FDEP construction permit. i~ ~G~.O~ ~r~. ' NO._ /r~ ~.......5r 18167 US. 19 North, Suite 550 Clearwater, FJorida 33764 727'53!'3505 Fax 727.539.1[94FEB I 3 2001 Jesse Kormony November 14, 2000 Page 2 Fee: TBE shall perform the above scope for a lump sum fee of $69,300 apportioned as follows: 1. Aerial Photogrammetry: $ 6,000 2. Ground Survey $21,300 3. Design: $35,000 4. Permitting: $ 4,000 5. Bid Assistance: $ 3,000 Total: $69,300 We look forward to working with Collier County on this project. questions. Sincerely, TAMPA BAY ENGINEERING, INC. Thomas T. Jones, PE Project Manager cc: Dorian Modjeski, TBE TTJ:hs Enclosure Please contact me if you have any J:\DOC2~PubWks.pro~000\Westwind\l 10300JK.doc AGC~^ ZTC, -' ' i no. l~.,e_,- '~ FEB 1 3 200i EXECUTIVE SUMMARY APPROVE A TRANSPORTATION AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD FOR CAMP , , Objective: To obtain transportation services for camp participants in a cost-effective and reliable manner. Considerations: For the past fourteen (14) years Collier County has entered into similar agreements with the Collier County School Board. The attached Agreement provides for use of school buses by the Parks and Recreation Department to transport camp participants on field trips to enhance our program. The attached School Board Agreement provides for use of school buses and drivers (Option A) to transport Parks and Recreation Department program participants to recreational/educational attractions. The County will pay the School Board a per hour rate of $17.78 for use of the bus and a driver. This rate is calculated from the time said bus leaves from and returns to their transportation barn. Additionally a rate of $1.11 per mile is charged. (Option B) provides only school buses. This option is provided in the standard School Board Agreement; however, it is not a viable option since staff does not have any certified drivers. Under Section ~ (7) of the Agreement and pursuant to Section 234.211(2) (b), Florida Statutes, the County has provided a Certificate of Proof of Required Liability Insurance to the School Board in the amount of $100,000 Past price quotes from similar vendors have been higher and their service level was not acceptable. Due to its large fleet of buses and very reliable service, it is requested that the County continue this mutually beneficial arrangement utilizing the School Board's buses. Staff anticipates the total contract to amount to $47,000 for FY 01. Upon Board authorization, the transportation agreement will be effective until August 31, 2001. Fiscal Impact: Funds have been budgeted in FY01 to support this Agreement for each camp location. It is anticipated that 75% ($33,750) of the contract total, will be reimbursed through recreational program participant fees. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement to utilize school buses driven by School Board bus drivers at reasonable rates (Option A). Debbie Roberts, Operations Manager Reviewed by: Maria Ramsey, Direc~6r Date: ,-Department of Pa/qcs and Recreation Reviewed by: ~eo C~rhs, Jr~., ~dminist 'rator Date: Divisi0n ~f Pub!ic Services I-/t-ot I./z-o/ NO. I 1 3 TRANSPORTATION AGREEMENT FOR GOVERNMENTAL AGENCY THIS AGREEMENT made and entered into this ~ day of /__.~~f,q/-x,=~, 2000 and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and COLLIER COUNTY PARKS AND RECREATION, (Agency). WHEREAS, Chapter 234 of the Florida Statutes authorized local school districts to enter into agreements with organizations for the use of school buses belonging to the school district, and WHEREAS, the Agency desires to utilize the school buses of the school district, and WHEREAS, Section 234.21 l(1)(a), Fla. Star., provides that each school district may enter into agreements with the governing body of a county or municipality in the school district or any state agency for the use of school buses of the school district for transportation of the elderly, transportation disadvantaged or for any county, municipal or state purpose. WHEREAS, this Agreement contemplates two (2) use options available to the Organization. Option A is for the provision of buses with drivers and Option B is for provision of buses only. Reimbursement to the School Board shall be based upon the Option selected by the Agency as determined by this Agreement. IT IS THEREFORE AGREED: 1. Option A - Bus and Driver (1) The School Board shall provide buses with drivers in accordance with the terms provided herein. (2) For each vehicle and driver, the Organization shall reimburse the School Board for use of the vehicle at the rate of $17.78 per hour and $1.11 per mile and a fee (labor rate as needed) for cleaning and maintenance.Each vehicle will be billed a minimum of two hours plus mileage. 2. Option B - Bus Only (1) Organization agrees to pay the School Board $1.11 per operated mile for each bus. Operated mile is defined as every mile for each bus. Operated mile is further defined as every mile the vehicle is operated in support of the Organization's Program, whether with passengers or not, and to include necessary trips to and Agend~ Item FEB I 3 goo1 Pg , ,, from a School Board Transportation Department. Mileage will be recorded and billed by the School Board. Such bus will be returned to the Transportation Department of the School Board at the end of each operating day. The organization will be assessed a cleaning fee (at a labor rate as needed) for each bus checked back in which is not clean. (2) Such bus will only be operated by employees of the Organization who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. The Agency agrees that all requests for use of buses and drivers will be made at least two weeks prior to the date requested. All service is contingent upon bus and/or driver availability. The Agency agrees that in the event of a cancellation the School Board will be given 24 hours advance notice. In the event the notice of cancellation is not issued to the School Board within 24 hours a 2 hour charge per vehicle will be due and payable to the School Board. Payment for services rendered or due shall be assessed by the School Board by the l0th of each month and paid by the agency by the 30th of each month. Shall indemnify and save the School Board harmless from and against any and all liability and costs arising from injury to persons or property occasioned wholly or in part by any act or omission of the Licensee, its employees, members, invitees and all other persons whom the licensee permits in, on or about the building/~ounds designated herein, except to the extent that such liability and costs result from the sole negligence of the School Board, its agents, or employees. The Licensee shall defend any and all actions, suits or proceedings which may be brought against the School Board, or in which the School Board may be impleaded or joined with others as a result of the Licensee's use of the building/grounds designated herein, and shall satisfy, pay and discharge any and all such judgments, orders and decrees that may be recovered against the Licensee or the School Board, in any such action or proceedings. The Agency, pursuant of Section 234.211 (2)(b), Fla. Stat., shall for purposes of liability for negligence be covered by Section 768.28, Fla. Stat. The Agency agrees that there shall be no fee charged to passengers on t__he bus. Agend~ No.._ FEB 1 3 2001 10. 11. 12. 13. Effective January 1, 1995, each agency entering into a Transportation Agreement with Collier County Public Schools under Option B shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirement of a Commercial Driver License (CDL), be tested for drugs and school in compliance with the Act. The Agency may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laboratory. The use of vehicles by the Organization shall at all times be subject to rules adopted by the School Board. The Agreement shall commence on the date first above written and remain in effect through August 31,2001. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. Agenda Item FEB IN WITNESS WHEREOF, the parties have executed this Agreement of the day and year first above written. Signed in the Presence of.' Print Name: BY: DISTRICT SCHOOL BOARD OF COLLIER COUNTY Dr. Dan W. White, Superintendent Print Name: BY: Chair Print Name:/ ,/ / ~ Pri/~w~qame: (Organization Name) BY: Name: Title: BY: Name: Title: ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Thoma~ C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman~ James D. Carter, PhD · FEB 1 Pg, EXECUTIVE SUMMARY APPROVE THE OLDER AMERICANS ACT CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE 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 is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 26 years through the Older Americans Act program. This continuation grant in the amount of $297,094 for the period January 1, 2001 through December 31, 2001 will allow the delivery of homemaking services, medical and meal transportation, congregate and home delivered meals, nutrition education and legal services 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. The County's cash matching funds for this grant is $45,100, which was approved in the fiscal year 2000-2001 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $297,094 is funded from the State of Florida grants and aids appropriation administered by the Area Agency on Aging. Of the total grant axvard, $167,156 will require budget amendments to recognize the direct funding portion to the County for administration, case management and transportation. The remaining $129,938 will be retained by the Area Agency on Aging who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $45,100 in local cash matching funds was approved in the FY 2000-2001 budget and will be funded from General Revenue, Fund 001, to Collier County Services For Seniors, Fund 123. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the OAA continuation grant and authorize the Chairman to sign the contract and approve the necessary budget amendments. The agreeTent has been reviewed and approved by the County Attorney. ~-~ ...... . ~- / Prepared byr ~ ~,~? : /// / Joh~,Fer,rell, Services for Seniors Accounting Technician Reviewed and /~_ ~" Approved by: ~'--' _~Y. ~ Date: ///,9 ~ //~ / Reviewed and Approved by: Reviewed and Approved by: /Nanci E. Lochner, Services for Seniors Program Manager ~ ~'~ ac ~9o.~~ Date: Marth~ Skinner, Social Servic_es Director ' I .ai Date: Leo Ex. Ochs, Jr., Pub~c~rvices administrator / / Agenda, It~e~_ F E B 1 3 01/01/01 Contract Number OAA 203.01 STANDARD CONTRACT AREA AGENCY ON AGING Ar~ Agency on Aging for Southwest Florida. Inc.. d/b/a Senior Solutions of Southwest Florida (Area Agency Name) TItIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida. Inc.. d/b/a Senior Solutions of Southwest Florida. hereinalter referred to as the "agency", and the Collier County Board of County Commissioners. hereinalter referred to as the "provider" This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the provider, Agreement No. 203,01, and its successor, incorporated herein by reference. The parties agree: Xo Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I..!_ of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Final Request for Payment: The provider must submit the final request for payment to the agency no more than 45 davs after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. H. The Agency Agrees: Contract Amount Subject to the availability of funds, the agency will reimburse no more than the rate stipulated in ATTACHMENT II for units of service delivered in accordance with the approved budget for Older Americans Act funds..The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The schedule of funds awarded to the provider pursuant to this contract [] is ~ is not in state grants and aids appropriations and consists of the following: FEB ! 3 2001 01 I01/01 C omract Number~ Collier County Program Title Lead Agency Operation CFDA# Fund Amounts Title ~ Support Services Lead Agency Operation 93.044 537,568.00 Title fflCI Congregate Meals [Lead Agency Operation 93.045 $22,701,00 Title lflC2 Home ~Dellvcred MealsLead Agent' Operation 93.045 $23,939.00 - TOTAL LEAD AGENCY OPERATION $84,208.00 CONTAINED IN THIS CONTRACT: Program Title !Spending AuthoriLv Allocation C*'FDAJg Fund Amounts Title ~ Support Services Spending Authorit3' Allocation 93.044 S194,919.00 TOTAL SPEND/NG AUTHORITY ALLOCATION 5;194,919.00 CONTAINED/.N THIg CONTRACT: The legal services allocation for Count3' is $17,967,00. This allocation is not included in the Title B spending authority allocation shown above. 1TL Provider and Agency Mutually Agree: As Effective Date: 1. This contract shall beg6n on Janu~ 1. 2001 or on the date the con~act has been signed by both pax~ies, whichever is later. 2. This contract shall end on December 3 I. 2001. Termination, Suspension, and/or Enforcement: The causes and remedies for terrrfination or suspension of this contract shall follow the same procedures as outlined in Section 1TI. B. and Section III. C. of the Master Agreement, Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agent3, for this contract is: FEB 13 2001 ~ 01/01/01 Contract Number OAA 203.01 Terry White, Executive Director Area Agency on Aging for Soutt',west Florida, D/b/a Senior Solutions 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 / SC 748-6947 The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg H Naples, Florida 34112 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. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg H Naples, Florida 34112 01/01/01 Contract Number 0AA 203.01 IN WITNESS THEREOF, the parties hereto have caused this 17 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Services for Seniors BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: James D. Carter, Ph.D. TITLE: Chairman DATE: DECEMBER 31, 2000 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DBA SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SIGNED BY: NAME: TITLE: DATE: GINGER KOCH BOARD PRESIDENT DECEMBER 31, 2000 ID NUMBER: 596 000 5380 Provider FISCAL YEAR END DATE: 10/31/2001 Approved as to legal fozm and sufficiency by: Chief kqsistant County Attorney FEB 1 P~ ' ~m-'-~ 01/01/Ol Contract Number OAA 203.01 ATTACHMENT I OLDER AMERICANS ACT PROGRAM I. STATEMENT OF PURPOSE The Older Americans Act (OAA) Program is a federal program which provides assistance to older persons. H. SERVICES TO BE PROVIDED A. Services: The service provider application for the calendar year 2001, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider and prescribe the manner in which the provider will meet the requirements of the Older Americans Act Amendments of 2000, as amended. In addition to the foregoing, the provider's service provider application must assure that case management service options requirements are in compliance with the Older Americans Act Amendments of 2000, a copy of which is attached hereto and incorporated herein as EXHIBIT A to this ATTACHMENT I. Providers must amend their service provider application by March 1,2001, to comply with the case management service option requirements of the Older Americans Act Amendments of 2000. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the provider's service provider application for calendar year 2001 and the draft Department of Elder Affairs Client Services Manual dated 12/98. In the event the manual is revised, such revision will automatically be incorporated into the contract and the provider will be given a copy of the revisions. The provider agrees to perform the services of this contract in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. METHOD OF PAYMENT The method of payment in this contract includes cost reimbursement for lead agency operatiov_ costs and fixed rate for services. The provider shall consolidate all requests for paymew. and all expenditure reports that support requests for payment from providers and shah submit to the agency on forms 106A, 105A, and INVOICE FOR SERVICES AND CONTRIBUTION REPORT. B. The provider shall maintain documentation to support payment requests which shall be available to 5 FEB 1 3. 2001 01/01/01 the Comptroller or the agency upon request. Contract Number OAA 203.01 The provider if eligible may req,~est a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract and a copy maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports, and units delivered beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. A final receipt and expenditure report (closeout report) will be forwarded to the agency within sixty (60) days after the contract ends or is terminated. All monies which have been paid to the provider and not used to retire outstanding obligations of the contract being closed out must be refunded to the agency along with the final receipt and expenditure report. Eo Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. Fo The provider agrees to implement the distribution of funds as detailed in the service provider application and, ATTACHMENT Ill to this contract. Any changes in the amounts of federal or general revenue funds identified on ATTACHMENT IIl require a contract amendment. G, Financial Reports: The provider agrees to provide an accurate, complete and current disclosure of the financial results of this contract as follows: 1. To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ATTACHMENT I. The completed manual units of service portions of the Older Americans Act Annual Report, if applicable, are due to the agency on or by October 15, 2001. The agency will obtain the remaining Report sections from the Client Information, Registration and Tracking System (CmTS). SPECIAL PROVISIONS A. Match The provider will assure a match requirement of at least 10 percent of the cost for all services will be provided. The provider's match will be made in the form of cash and/or inkind resources. At the end of the contract period, all Older Americans Act funds must be properly matched. 01/01/01 Contract Number OAA 203.01 B. Consumer Contributions and Co-payments for Services The provider assures compliance with Older Americans Act Amendments of 2000, Section 315, in regard to consumer contributions. For services not paid for with Older Americans Act funds, providers may charge co-payments to those persons able to pay part or all of the cost of services. C. Title m Funds The provider assures compliance with Older Americans Act Amendments of 2000, Section 306, that funds received under Title III will not be used to pay any part of a cost (including an administrative cost) incurred by the provider to carry out a contract or commercial relationship that is not carried out to implement Title III. D. Carry Forward Funds Federal fiscal year funding provided in this contract is subject to substitution by prior year's carry forward funds in accordance with procedures established by the agency. E. Prioritization for Service Delivery The provider shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. F. Information and Referral The provider will ensure adherence by December 31, 2001, to the Standards for Professional Information & Referral. published by the Alliance of Information & Referral Systems, copyright 2000, ATTACHMENT IV to this contract, for their county. These standards are the foundation for Alliance for Information & Referral Systems (AIRS) national accreditation. 01/01/01 Contract Number q)AA 203.01 EXHIBIT A TO ATTACHMENT I OLDER AMERICANS ACT PROGRAM SEC. 305. AREA PLANS. (a) IN GENERAL- Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended-- (1) in paragraph (1), by inserting 'and older individuals residing in rural areas' after 'low-income minority individuals' in each place it appears; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking 'section 307(a)(22)' and inserting 'section 307(a)(2)'; (B) in subparagraph (B), by striking 'services (homemaker' and all that follows through 'maintenance, and' and inserting'services, including'; and(C)in the matter following subparagraph (C), by striking 'and specify annually in such plan, as submitted or as amended,' and inserting 'and assurances that the area agency on aging will report annually to the State agency'; (3) in paragraph (3)(A), by striking 'paragraph (6)(E)(ii)' and inserting 'paragraph (6)(C)'~ (4)(A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4); (6) in paragraph (4)(A)(ii) (as redesignated) by inserting 'and older individuals residing in rural areas' after 'low-income minority individuals' each place it appears; (7) in paragraph (4)(B)(i) (as redesignareal) by inserting 'and older individuals residing in rural areas' after 'low-income minority individuals' each place it appears; (8) in paragraph (4)(C) (as redesignareal) by inserting 'and older individuals residing in rural areas' after 'low-income minority older individuals'; (9) by inserting after paragraph (4) (as redesignated by paragraph (3)) the following: '(5) provide assurances that the area agency on aging will coordinate planning, identification, assessment of needs, and provision of services for older individuals with disabilities, with particular attention to individuals with severe disabilities, with agencies that develop or provide services for individuals with disabilities:'; (10) in paragraph (6)-- Agenda. Item NO.~ FEB ! 3 2001 01/01/01 Contract Number. OAA 203.01 (A) by striking subparagraphs (A), (B), (G), (I), (J), (K), (L), (O), (P), (Q), (R), and (S); (B) by redesignating subparagraphs (C), (D), (E), (F), (H), (M), and (N) as subparagraphs (A), 03), (C), (D), 0E), (F), and (G), respectively; (C) in subparagraph (C) (as redesignated by subparagraph 03)), by striking 'or adults' and inserting ', assistance to older individuals caring for relatives who are children'; (D) in subparagraph (D) (as redesignareal by subparagraph 03)), by inserting 'and older individuals residing in rural areas' alter 'minority individuals'; and ('E) in subparagraph (F) (as redesignated by subparagraph (B)), by adding 'and' after the semicolon; (11) by striking paragraphs (7) through (13) and inserting the following: '(7) provide that the area agency on aging will facilitate the coordination of community-based, long- term care services designed to enable older individuals to remain in their homes, by means including-- '(A) development of case management services as a component of the long-term care services, consistent with the requirements of paragraph (8); '(B) involvement of long-term care providers in the coordination of such services: and '(C) increasing community awareness of and involvement in addressing the needs of residents of long-term care facilities; '(8) provide that case management services provided under this title through the area agency on aging will-- '(A) not duplicate case management services provided through other Federal and State programs: '03) be coordinated with services described in subparagraph (A); and '(C) be provided by a public agency or a nonprofit private agency that-- '(i) gives each older individual seeking services under this title a list of agencies that provide similar services within the jurisdiction of the area agency on aging; '(if) gives each individual described in clause (i) a statement specifying that the individual has a fight to make an independent choice of service providers and documents receipt by such individual of such statement; Agenda Item No FEB 1 3 j 001 Pg o,.~_.~ Ol/Ol/Ol Contract Number OAA 203.01 '(iii) has case managers acting as agents for the individuals receiving the services and not as promoters for the agency providing such services; or '(iv) is located in a rural area and obtains a waiver of the requirements described in clauses (i) through (iii); '(9) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(9), will expend not less than the total amount of funds appropriated under this Act and expended by the agency in fiscal year 2000 in carrying out such a program under this title; '(10) provide a grievance procedure for older individuals who are dissatisfied with or denied services under this title; '(11) provide information and assurances concerning services to older individuals who are Native Americans (referred to in this paragraph as'older Native Americans' ), including-- '(A) information concerning whether there is a significant population of older Native Americans in the planning and service area and if so, an assurance that the area agency on aging will pursue activities, including outreach, to increase access of those older Native Americans to programs and benefits provided under this title; '(B) an assurance that the area agency on aging will, to the maximum extent practicable, coordinate the services the agency provides under this title with services provided under title Vi: and '(C) an assurance that the area agency on aging will make services under the area plan available, to the same extent as such services are available to older individuals within the planning and service area, to older Native Americans; and '(12) provide that the area agency on aging will establish procedures for coordination of services with entities conducting other Federal or federally assisted programs for older individuals at the local level, with particular emphasis on entities conducting programs described in section 203(b) within the planning and service area.'; (12) by redesignating paragraph (14) as paragraph (13); (13) by inserting after paragraph (13) (as redesignated by paragraph (7))'the following: '(14) provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title; and lO lgend~ I~tem No .~ FEB I 3 2001 P9 ,-.~_~ Ol/Ol/Ol Contract Number OAA 203~ 01 '(15) provide assurances that preference in receiving services under this title will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title.'; and (14) by striking paragraphs (17) through (20). Co) WAIVERS- Section 306(b) of the Older Americans Act of 1965 (42 U.S.C. 3026(b)) is amended-- (1) in paragraph (1), by striking '(1)' and inserting before the period 'and had conducted a timely public hearing upon request'; and (2) by striking paragraph (2). AGerid& II~em FEB 13 2001 01/01/01 Contract Number OAA 203.01 Report Number 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 Legend: * ** Note # 1' Note # 2: ATTACHMENT 11 OLDER AMERICANS ACT PROGRAM CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Submit to State On This Date January Advance* February Advance* January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report/Jan. Adv. Recon.** December Expenditure Report/Feb. Adv. Recon.** Final Expenditure and Request for Payment Report Closeout Report December 15 December 15 Febmar), 10 March 10 April 10 May 10 June 10 July 10 August 10 September 10 October 10 November 10 December 10 January 10 Februar), 15 February. 28 Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the State Comptroller prior to January 1 or until the contract with the agency has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the provider's fiscal reports cove?ing actual expenditures should reflect an adjustment repaying advances for the f~rst two months of the contract. 12 ~--. 01/01/01 Contract Number OAA 203.01 ATTACHMENT OLDER AMERICANS ACT PROGRAM PROVIDER: COLLIER COUNTY SERVICES FOR SENIORS Services Total Cost Reimbursement Rate m-B Transportation $10.48 Screen/Assess $22.83 Information $ 3.36 Referral $14.36 $ 9.43 $20.54 $ 3.02 $12.92 3.3 FEB1 01/01/01 Contract Number O.AA 203.01 ATTACHMENT IV OLDER AMERICANS ACT PROGRAM SUMMARY OF STANDARDS FOR PROFESSIONAL INFORMATION & REFERRAL I. SERVICE DELIVERY Standard 1: Information Provision The I & R service shall provide information to inquirer in response to a direct request for such information. Information can range from a limited response (such as organization's name, telephone number, and address) to detailed data about community service systems (such as explaining how a group intake system works for a particular agency), agency policies, and procedures for application. Standard 2: Referral Provision The I & R service shall provide information and referral services in which the inquirer has one-to-one, human contact with an I & R specialist. The referral process consists of assessing the needs of the inquirer, identifying appropriate resources, assessing appropriate response modes, indicating organizations capable of meeting those needs, providing enough information about each organization to help inquirers make an informed choice, helping inquirers for whom services are unavailable by locating alternative resources, and, when necessary, actively participating in linking the inquirer to needed services. Standard 3; Advocacy/Intervention The I & R service shall offer advocacy to ensure that people receive the benefits and services to which they are entitled and that organizations within the established service delivery system meet the collective needs of the community. For purposes of these standards, "advocacy" does not include legislative advocacy (lobbying). All advocacy effort shall be consistent with policies established by the governing body of the I & R service and shall proceed only with the permission of the inquirer. Standard 4: Follow- Up The I & R service shall have a written policy which addresses the conditions under which follow-up must be conducted. The policy shall mandate follow-up with inquiries in' endangerment situations and in situations where the specialist believes that the inquirer does not have the necessary capacity to follow through and resolve his or her problem; and must specify a percentage of other inquiries for which follow-up is required. Additional assistance in locating or using services may be necessaD,. 14 Agenda. Item FEB 01/01/01 H. RESOURCE DATABASE Contract Number OAA 203.01 Standard 5: Inclusion/Exclusion Criteria The I & R service shall develop criteria for the inclusion or exclusion of agencies and programs in the resource database. These criteria shall be uniformly applied and published so that staff and the public will be aware of the scope and limitations of the database. Standards 6: Data Elements A standardized profile shall be developed for each organization that is part of the local community service delivery system or other geographic area covered by the I & R service. Standard 7; Indexing the Resource Database/Search Methods Information in the resource database shall be indexed and accessible in ways that support the I & R process. Standard 8: Classification System (Taxonomy) The I & R service shall use a standard service classification system to facilitate retrieval of community resource information, to increase the reliability of planning data, to make evaluation processes consistent and reliable, and to facilitate national comparisons of data, Additional classification structures such as keywords may supplement the Taxonomy. Standard 9: Database Maintenance The resource database shall be updated through continuous revision or at intervals sufficiently frequent to ensure accuracy of information and comprehensivehess of its contents. REPORTS AND MEASURE Standard 10; Inquirer Data Collection The I & R service shall establish and use a system for collecting and organizing inquirer data which facilitates appropriate referrals and provides a basis for describing requests for service, identifying service gaps and overlaps, assisting with needs assessment;, supporting the development of products, identifying issues for staff training and facilitating the development ofthe'resource information system. Inquirer data includes information gathered during follow-up as well as that acquired during the original contact. 15 FEB 1 3 9nD1 01/01/01 Contract Number QAA 203.01 Standard 11; Data Analysis and Reporting The I & R service shall develop reports using inquirer data and/or data from the resource database to support community planning activities (or planning at other levels), internal analysis and advocacy. IV. COOPERATIVE RELATIONSHIPS Standard 12: Cooperative Relationships within the Local I & R System In communities which have a m Atiplicity of comprehensive and specialized I & R providers, the I & R service shall develop cooperative wor~ng relationships to build a coordinated I & R system which ensures broad access to information and referral services, maximizes the utilization of existing I & R resources, avoids duplication of effort and encourages seamless access to community resource information. I & R services within the system may choose to be "full service" programs performing all necessary I & R functions within their designated service area; or may prefer to partner with one or more I & R services to share those functions. (e.g., one I & R service might build and maintain the resource database and another might assume responsibility for service delivery.) Standard 13: Cooperative relationships within the Local Service Deliver3_, System The I & R service shall strive to develop cooperative working relationships with local service providers to build an integrated service delivery system which ensures broad access to community services, maximizes the utilization of existing resources, avoids duplication of effort and gaps in services, and facilitates the ability of people who need services to easily find the most appropriate provider. Standard 14; Cooperative Relationships Among Local, State or Provincial, Regional, National, and International I & R Providers Comprehensive and specialized I & R services at all geographic levels (local, state/provincial, regional, national and international) shall strive to develop formal and informal working relationships with the objective of broadening the availability of information and referral to all inquirers, facilitating access to appropriate resources regardless of their origin and/or location, avoiding duplication of effort and funding, expanding the effectiveness of social analysis with more global information about needs and services, and augmenting the impact of advocacy efforts through coordination, where possible. Standard 15: Participation in State or Provincial, Regional, National, and International I & R Associations The I & R service shall strive to strengthen state or provincial, regional, national, and international I & R networks by becoming active in planning, program development, advocacy, training, and other efforts at these levels. 16 Ol/Ol/Ol Contract Number,, OAA 203 ~01 V, ORGANIZATIONAL REQUIREMENTS Standard 16: Governance The auspices under which the I & R service operates shall ensure the achievement of I & R goals and meet the stated goals of funders. ~;tlandard 17: Personnel Administration The I & R service shall provide a framework and mechanisms for program and personnel management and administration that guarantee the continuity and consistency required for effective service delivery. Standard 18: Staff Training The I & R service shall have a training policy and make training available to paid and volunteer staff. ~;tandard 19: Promotion and Outreach The I & R service shall establish and maintain a program which increases public awareness of I & R services, their o. bjectives, and their value to the community. 17 Agend& I t.l,m FEB 1,3, 21101 EXECUTIVE SUMMARY APPROVE THE MASTER AGREEMENT RELATING TO SERVICES FOR SENIORS' GRANT PROGRAMS AND AUTHORIZE THE CHAIRMAN TO SIGN THE MASTER AGREEMENT 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: In order to provide grant funded services to Services for Seniors' clients, a Master Agreement, which applies to all grant contracts, requires the signature of the Chairman. CONSIDERATIONS: Collier County Services for Seniors has been providing m-home support services to Collier County's frail elderly for the past 26 years through the Older Americans Act as well as other grant programs. These grants allow for the delivery of va'ribus services to the County's frail elderly preventing premature and costly institutional placement. A new requirement by the grantor agency, the Area Agency on Aging, is the execution of a Master Agreement that outlines grantee requirements for administering all of the various grants. The Master Agreement addresses such items as federal laws and regulations, civil fights compliance, insurance requirements, audits, and the safeguarding the State computer network system. The incorporation of identical language into one document required for all grant programs awarded by the Area Agency on Aging eliminates multiple signatory requirements of the Chairman, lessens the review time by the County Attorney, and reduces paper use. All individual grant contracts will make reference to the Master Agreement as well as specify the individual grant contract amounts (with necessary budget amendments), effective date of the grant agreement, method of payment, and any special provisions. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: There is no financial impact as a result of this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Master Agreement and authorize the Chairman to sign the contract. The agreement has been reviewed and approved by the County A~9rney. ~'--~g: }~£// Date: J0h9 Ferrell, Services for Seniors Accounting Technician Reviewed and Approved by: ,j-'-'- ~ ~-* .... . Date: ~qanci E. Lochner, Services for Seniors Program Manager Approved by: Date: Mar~a Skinner, Social Services Director Reviewed and Approved by: 'z? _, Date: Leo E20chs, Jr., Pub~'~S~/jl~vices A~lministrator 01/01/01 Master Agreement OAA 203.01 Area Agency on Aging for Southwest Florida, Inc MASTER A(~REEMENT THIS MASTER AGREEMENT is entered into between the Area Aoencv on Aaina for Southwest Florida. Inc.. d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and the Collier Coun. t¥ Board of County Corn. missione...rs, defined as a provider in accordance with 430.203, F.S., hereinafter referred to as the "provider". All contracts executed between the provider and the agency shall be subject to the conditions set forth in this agreement for the duration of the contract period(s). Any and all contracts executed between the provider and the agency during the effective period of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. The parties agree: I. Provider Agrees: A. To provide services according to the conditions specified in any contract(s) with the agency during the period this agreement is in effect. This agreement covers all services provided by the Collier County Board of County Commissioners under contract with the agency. B. Federal Laws and Regulations: 1. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. The provider shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15). The provider shall report any violations of the above to the agency. The provider must,-priOr to execution of this agreement, complete the Certification Regarding Lobbying form, ATTACHMENT I. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency's contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the agency. o The provider must, prior to execution of this agreement, complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts, ATTACHMENT II. 5. The provider shall comply with the provisions of the U.S. Depadment of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. Civil Rights Certification: 2001 01/01/01 Master Agreement OAA 203.01 The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefitting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to consumers and if fifteen (15) or more persons are employed. For providers employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. The provider assures it will comply with: Title Vl of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting from federal financial assistance. Section 504 of the Rehabilitation ACt of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefitting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on-the basis of age in programs or activities receiving or benefitting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefitting from federal financial assistance. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise consumers, employees, and padicipants of the right to file a complaint, the right to appeal a denial or exclusion from the services or benefits from this contract, and their right to a fair hearin(,]. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the Department of Elder Affairs or the appropriate federal or state agency. The provider further assures all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services, will comply with the above laws and regulations. Requirements of Section 287.058, Florida Statutes: For all contracts ~overed by this ag.-eement, the provider agrees: 2 01/01/01 1. Master Agreement 0,AA 203.01 To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. To submit bills for any travel expenses, in accordance with section 112.061, Florida Statutes. To provide units of deliverables, including reports, findings, and drafts as specified in the contracts, the contract attachments, and the service provider application developed by the provider pursuant to Section 305 of the Older Americans Act, to be received and accepted by the agency prior to payment. To allow public access to all documents, papers, letters, or other materials subject to the -. provisions of chapter 119, Florida Statutes, and made or received by the provider in conjunction with any and all contracts referencing this agreement. E. Withholdings and Other Benefits: The provider is responsible for Social Security and Income Tax withholdings. F. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. Provider agrees it will indemnify, defend, and hold harmless the agency and/or state all of the state and/or agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the provider, its agents, employees, or subcontractors during the performance of all contracts incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the state and/or agency's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the state and/or agency's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provideds duty to defend and indemnify the agency and/or agency, upon notice by the agency and/or state.' Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency's and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. It is the intent and understanding of the parties that the provider nor any of its subcontractors are employees of the agency and/or state and shall not hold themselves out as emplcyees or 3 ' -~,genda Item FEB. Pg 01/01/01 Master Agreement OAA 203.01 agents of the agency and/or state without specific authorization from the agency and/or state. It is the further intent and understanding of the parties that the agency and/or state does not control the employment practices of the provider and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the provider. G. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all contracts incorporating this agreement by reference. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the consumers to be served under contracts incorporating this agreement by reference. Upon execution of each contract covered under this agreement, the provider shall furnish the agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The agency reserves the right to require additional insurance where appropriate. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under all contracts incorporating this agreement by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768,28, Florida Statutes. (See also Indemnification clause.) H. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). I. Transportation Disadvantaged: If consumers are to be transported under any contracts incorporating this agreement, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. J. Purchasing: Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. NO.~ FEB I 3_Z001 01/01/01 Master Agreement 0AA 203.01 K. Sponsorship: As required by Section 286.25, Florida Statutes, if the provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through contracts executed in accordance with this agreement, it shall in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by" Collier County Board of County Commissioners Provider Senior Solutions of Southwest Florida, and State of Florida Department of Elder Affairs. If the sponsorship reference is in written material the words "Senior Solutions of Southwest Florida, and State of Florida Department' of Elder Affairs" shall appear in the same size letters and type as the name of the provider. This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. If the provider is a governmental entity or political subdivision of the state, the agency requests compliance with the conditions specified above, The provider shah not use the words 'Senior Solutions of Southwest Florida and The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the agency and or state prior to use. L. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. M. Public Entity Crime: Denial or revocation of the right to transact business with public entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the agency per Section 287.133, Florida Statutes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a ~:ontractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. N. Employment If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the 01/01/01 Master Agreement OAA 203.01 Immigration Nationality Act (INA), 8 U.S.C.s.1324 a (e)("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of any and all contracts incorporating this agreement by reference. O. Audits and Records: 1. To maintain books, records, and documents (including 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 agency under all contracts under this agreement. 2. 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 agency, as well as by federal personnel, if applicable. To maintain and file with the agency such progress, fiscal and inventory and other reports as the 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. To submit management, program, and consumer identifiable data, as specified in the Department of Elder Affairs Client Services Manual. To assure, program specific data is recorded and submitted in accordance with Department of Elder Affairs Consumer Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT III and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements, including Attachment III in all subcontracts and assignments. 7. The provider agrees to provide consumer information and statistical data for research and evaluative purposes when requested by the agency. P. Retention of Records: To retain all consumer records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each contract covered under this agreement for a period of five (5) years after termination of the contract(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Q. Monitoring and Incident Reporting: !. The provider will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or performance of the contractual services as 6 Agenda Item~ FEB OOl 01/01/01 Master Agreement O~ 203.01 specified in the area plan. The agency will establish performance standards for providers with weights assigned to each standard. Standards will be tracked monthly by agency staff through reviews of available fiscal, CIRTS, and research production reports and any other system or process designated by the agency. This information will allow staff to determine if additional on- site monitoring of the provider is necessary. Examples of review criteria are surplus/deficit, independent audits, internal controls, reimbursement requests, subprovider monitoring, targeting, program eligibility, outcome measures, service provision to consumers designated as 'high risk" by the Department of Children & Families, Adult Protective Services program, data integrity, co-payments, consumer satisfaction, correspondence, and consumer file reviews. 2. Providers will perform the required administrative monitoring of subcontractors in accordance with the Department of Elder Affair's unit rate contract monitoring checklist. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to subcontracts incorporating this agreement by reference, or to the mission and statutory authority of the agency, and to interview any consumers and employees of the provider to be assured of satisfactory performance of the terms and conditions of the contract(s). Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justify deficiencies within a reasonable time as specified by the agency may result in the agency taking any of the actions identified in the Enforcement section, or the agency deeming the provider's failure to be a breach of contract. 4. The provider will notify the agency within 48 hours of conditions related to performance that could impair continued service delivery. Reportable conditions may include: proposed consumer terminations provider or subprovider financial concerns/difficulties service documentation problems contract non-compliance service quality and consumer complaint trends. Providers will provide the agency with a brief summary of the problem(s) and proposed corrective action plans and time frames for implementation. R. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a consumer who receives services under contracts incorporating this agreement by reference or subsequent contracts for any purpose not in Conformity with state and federal regulations (45 CFR, Part 205.50), except upon written consent of the consumer, or the consumeds authorized representative. S. Assignments and Subcontracts: 1, Agency approval of the service provider application from the provider shall constitute agency approval of the provider contracts if the contracts follow the service and funding information 7 01/01/01 Master Agreement OAA 203.01 identified in the service provider application. The provider must submit all contracts for services under the service provider application to the agency for prior approval when the proposed subcontractor is a profit making organization. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the agency in addition to the total dollar amount agreed upon in contracts covered by this agreement. All assignments or subcontracts shall be subject to the conditions of this agreement and the contracts incorporating it by reference any conditions of approval the agency shall deem necessary. ~Section I, paragraph M. is only applicable to state agencies or political subdivisions of the state. Unless otherwise stated in the contract(s) covered by this agreement between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or partial payments from the agency in accordadce with section 287.0585, Flodda Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. T. Return of Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of all contracts for which funds were disbursed to the provider by the agency. a. The provider'shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance thirty (30) calendar days after the date of notification or discovery. U, Data Integrity Pursuant to the accounting and reporting requirements for federal grants management in OMB Circulars A-102 and A-110, and the Department of Management Services (DMS) Memorandum No. 6 (98-99) which requires cedification of Data Integrity for any procurement document, the provider must, prior to execution of this agreement, complete the Data Integrity Certification form, ATTACHMENT IV. In the event a data integrity issue results in a delay of service, the provider agrees to execute their agency disaster plan to ensure the delivery of service(s) continues. V. Conflict of Interest: The provider hereby agrees tu develop and implement a policy to ensure that its employees, board members, manage.ment and subcontractors, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this 8 01/01/01 Master Agreement OAA 203.01 · agreement or when contracting with another entity which will be paid by the funds described in this agreement. The provider's board members and management must disclose to the agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this agreement. The provider's employees and subcontractors must make the same disclosures described above to the pmvider's board of directors. Wo Successors and Transferees: This agreement and its attachments are binding on the provider and its successors and transferees. II. The Agency Agrees: A. Contract Payment: The provideCs invoice will be sent to the Department of Elder Affairs in conjunction with other invoices received by the agency from other agreements subject to review and approval by the agency. Such approval is for the purpose of authorizing payments and does not constitute final approval of services purchased. Invoices returned to a vendor due to preparation errors will result in a payment delay. Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than five working days to inspect and approve goods and services, unless bid specifications or the contract for which payment is requested specifies otherwise. The agency will submit the request for payment to the Department of Elder Affairs after inspection and approval of goods and services. Once the Department of Elder Affairs has made payment to the agency, the agency will reimburse the provider within seven working days after receipt by the agency of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the agency and paid to the provider in the amount of one-half of one percent of the amount duel per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. B. Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. III. Provider and Agency Mutually Agree: A. Effective Date 1. This agreement shall begin on Januar7 !, .2001. or on the date on which the agreement has been signed by both parties, whichever is later, and shall end on December 31,2001. All contracts executed between the agency and the provider during the effective period of this agreement shall reference this agreement by number, incorporating it therein, and shall be governed by the conditions of this agreement for the duration of the contract period(s)· i FE6 1,3 2oo' 01/01/01 Master Agreement OAA 203.01 B. Termination: 1. Termination at Will Any contract(s) covered by this agreement and incorporating it by reference 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. In the event the provider terminates a contract at will, the provider agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for consumers pursuant to this agreement or any subcontract will not be interrupted or suspended by the termination. In the event that an agreement between a provider and a subcontractor is terminated, the provider shall require the subcontractor to submit to the provider and the agency, a similar plan ensuring services to consumers will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any contract(s) under this agreement become unavailable, the agency may terminate the affected contract or contracts upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate the contract(s) incorporating this agreement by reference 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. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of any one contract covered by this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of other contracts covered under this agreement. The provisions herein do not limit the agency's right to remedies at law or to damages of a legal or equitable nature. C. Enforcement: The agency may, in accordance with section 430.04, Florida Statutes, take intermediate measures against the provider, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the provider on probationary status, imposing a moratorium on provider action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120 Florida Statutes, if the agency finds that: an intentional or negligent act of the provider has materially affected the health, welfare, or safety of consumers served pursuant to this agreement, or substantially and negatively '~ affected the operation of services covered under this agreement the provider lacks financial stability sufficient to meet contractual obligations or that lAgenda Item FEB ! 3 001 01/01/01 Master Agreement OAA 203.01 contractual funds have been misappropdated. the provider has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the agency, or the provider has committed or repeated violations of agency standards. ' · the provider has failed to continue the provision or expansion of services after the declaration of a state of emergency. · the provider has failed to adhere to the terms of this agreement or the terms of any Contract(s) covered by this agreement and incorporating it by ra,ference. In making any determination under this provision the agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of contract is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. Before the agency formally rescinds the designation of the provider or initiates any intermediate measure, or either party commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representative at a place and location designated by the agency. D. Notice and Contact: 1. The name, addS'ess and telephone number of the department for this agreement is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc. DBA. Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 Suncorn 748-6947 (941) 332-3596 (FAX) 2. The name, address and telephone number of the provider for this agreement is: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg H Naples, Florida 34112 The name of the contact person, street address and telephone number where financial and administrative records are maintained: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg H Naples, Florida 34112 01/01/01 Master Agreement 0AA 203.01 Renegotiation or Modification: 1. Modifications of provisions of this agreement'of any and all c~ontract(s) incorporating this agreement by reference shall only.he valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this agreement and any affected contracts if revisions of any applicable laws or regulations make changes in this agreement necessary. The rate of payment and the total dollar amount may be adjusted retroactively for any contract(s) incorporating this Master Agreement by reference to reflect pdce level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. IV. The Provider Agrees to the following special provisions: A. Property Nonexpendable property is defined as tangible property of a nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or the general public. All property purchased under contracts covered by this agreement or purchased by the agency and received by the provider shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufactureCs serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. 3. All purchased property shall be inventorled annually. An inventory report will be submitted to the agency upon request by the agency. Title (ownership) to all property acquired with funds from any contracts covered by this agreement or otherwise purchased by the agency shall be vested in the agency upon completion or termination of the contract(s). At no time shall the provider dispose of nonexpendable property except with the permission of, and in accordance with instructions from the agency. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. A revised budget is required to be submitted by the provider and approved by the agency prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. 7. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any contract(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or A enda FEB 1 3 2001 01/01/01 Master Agreement OAA 203.01 more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. 'lhe completed ITR worksheet shall be maintained in the I.AN administrator's file and must be provided to the agency upon request. The provider has the responsibility t~ require any subcontractors to comply with the agency's ITR procedures. Copyright Clause Where activities supported by any contract(s) incorporating this agreement by reference produce odginal wdting, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the dght to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to h~ve others acting on behalf of the agency do so. . If the materials so developed are subject to copyright, trademark or patent, then legal title and every dght, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Flodda, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior wdtten consent of the Department of State. C. Grievance and Appeal Procedures In accordance with ATTACHMENT V, Minimum Guidelines for Provider Grievance Procedures, the provider will assure procedures for handling complaints from persons who complain service has been denied, terminated or reduced. Providers will establish complaint procedures for older consumers who are dissatisfied with or denied services. These procedures must include notice of the right to complain and to have their complaint reviewed. D. Investigation of Allegations Any report that implies criminal intent on the part of this provider and referred to a governmental or investigatory agency must be sent to the agency. The provider must investigate allegations regarding falsification ~)f consumer information, service records, payment requests, and other related information. If the provider has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the provider shall notify the Inspector General at the Department of Elder Affairs, and the agency immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the provider or subcontractor, must be sent to the Department of Eider Affairs's Inspector General with a summary of the investigation and allegations. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department. of Elder Affairs may exercise authority over an area agency or service provider to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing 01/01/01 Master Agreement OAA 203.01 roles and responsibilities of the area agency and its service providers. In the event the President of the United States or Govemor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of ensuring the health, safety and welfare of the eldedy in the potential or actual disaster area. F. Voluntee .rs The provider will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the provider will increase the use of volunteers in their area. G. Business Hours Providers who are lead agencies, as defined in 430.203(9), F. S. or who provide elder helpline services pursuant to this agreement must maintain minimum business hours from 8:00 AM until 5:00 PM, Monday through Friday. H. Client Information Registration and Tracking System (CIRTS) and Management Information Systems. For all program contracts incorporating this agreement by reference for which collection of consumer data in CIRTS is required: The provider must enter all required data per the Department of Elder Affairs's CIRTS Policy Guidelines for consumers and services in the ClRTS database. The data must be entered into the ClRTS before the providers submit their request for payment and expenditure reports to the agency. The provider shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. The provider will run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the provider with the monthly request for paymenV~, .fi~-~_, and expenditure report and must be reviewed by the agency before the provider's request for ~' ~,~~ payment and expenditure reports can be approved by the agency. 3. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Enforcement" clause of this agreement (see Section III, C.). 4. Computer System Backup and Recovery " Each provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backir~j up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of provider functions, must be backed up. The security controls over the backup resources shall be as stringent as the protection rer~uired of the primary resources. It is 14 01/01/01 Master Agreement 0AA 205.01 recommended that a copy of the backed up data be stored in a secure, offsite location. The provider will submit to the agency, annually or upon revision, their written policy for backing up data and software. Consumer Outcomes As required by the legislature for performance-based program budgeting, the agency will set ~ targets for the performance of outcome measures. The provider will be responsible for achieving these targets. J. Management Objectives - The provider shall: · Ensure the provider's Board completes an annual performance evaluation of the provider's executive director · Ensure effective communication between provider's staff and board · Ensure adequate planning and preparation occurs in the development of the service providers application and service providers application amendments within agency established time frames. K. Surplus/Deficit Report The provider will submit a consolidated surplus/deficit report to the agency by the 15t~ of each month. This report is for all contracts between the provider and the agency and must include an explanation where there is a projected surplus or deficit of 2% or more. The report will include the following: A. The provider's detailed plan on how the surplus or deficit spending will be resolved or, a recommendation to transfer surplus funds; and, B. input from the provider's Board of Director's on resolution of spending issues, if applicable. 15 01/01/01 I IN WITNESS THEREOF, the parties hereto have caused this 25 undersigned officials as duly authorized. PROVIDER: Collier County Services for Seniors Master Agreement OAA 203.01 page contract to be executed by their AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DBA. SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SIGNED SIGNED BY: BY: NAME:James D. Carter, Ph.D. NAME: GINGER KOCH TITLE: Cha J_rman TITLE: BOARD PRESIDENT DATE: DECEMBER 31,2000 DATE: DECEMBER 31,2000 FEDERAL ID NUMBER: 596 000 5380 Provider FISCAL YEAR ENDING DATE:10/31/200! Approved as to legal form and sufficiency by: R~mt6o ManalicM'' Chief Assistant County Attorney 16 FEB 13, 2001 Ol/Ol/Ol Master Agreement CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENT OAA 203.01 Attachment I The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an off'~cer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entedng into of any cooperative agreement, and the extension, continuation,.renew.~l, amendment, or modification of any federal contract, grant, loan, or cooperative' agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a matedal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. - Date Marth~ -Skinner Name of Authorized Individual OAA203 Application or Contract Number Name and Address of Organization Collier County Government Collier County Services for 3301E. Tamiami Trail Naples, Florida 34112 Seniors-Bldg. H DOEA Form 103, Dated October 2000 17 Agenda Item FEB 13 2001 01/01/01 Master Agreement ATTACHMENT II INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS Each provider whose contract equals-or exceeds $25,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. The Area Agency on Aging cannot contract ~vith these types of providers if they are debarred or suspended by the fedel,91 government. Thic certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debartnent. The provider shall provide immediate written notice to the agency at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the agency for assistance in obtaining a copy of those regulations. The provider furlher agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. The provider further agrees by submitting this certification that it will require each subcontractor of this contract whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification with each contract. The Area Agency on Aging may rely upon a certification of a provider that is not debarred, suspended, ineligible, or voluntarily exclude from contracting/subcontracting unless it knows that the certification is erroneous. o This signed certification shall be kept on file with the Area Agency on Aging. Subcontractor's certifications must be kept at the contractor's business location. DOEA FORM 112A, October 2000 18 FEB. 1 3c?nl 01/01/01 Master Agreement CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently. debarred, suspended, prol~osed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Date December 31, 2000 James D. Carter, Ph.D., Chairman Name and Title of Authorized Individual Collier County Services for Seniors Name of Organization DOEA FORM 112B, October 2000 Approved as to legal form and sufficiency: R a ~-i-r~o Manalic~ Chief Assistant County Attorney 19 01/01/01 Master Agreement OAA 203.01 Attachment III Audit Attachment For purposes of this Audit Attachment the following app;ies: "provider" is hereinafter referred to as "provider"; "contract" is hereinafter referred to as "agreement". The administration of funds awarded by the agency to the provider may be subject to audits and/or monitoring by the agency, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see ~AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency staff, limited scope audits as defined by'OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the agency. In the event the agency determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the agency to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PARThFEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $300,000 or more in Federal awards in its fiscal year, the provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Federal funds awarded through the agency by this agreement, if any, are indicated in Section II. A. of the contract(s) of which this document is an attachment. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal funds received from the agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. PARTIhSTATE FUNDED This part is applicable if the provider is a non-state entity as defined by Section 215.97, Florida Statutes. In the event that the provider expends a total amount of State awards (i.e., State financial assistance provided to the provider to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such provider, the provider must have a State single or project-specific audit ~r- ~u~i'~'cd~ ! tern_ / ,.o / FEB I 3 2001 01/01/01 Master Agreement OAA 203.01 year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the agency by this agreement are indicated in S~ction II. A of the contract(s) of which this agreement is an attachment. In determining the State awards expended in its fiscal year, the provider shall consider all sources of State awards, including State funds received from the agency, except that State awards received by a non-state entity.for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part II, paragraph 2, the provider shall ensure that the audit complie~ with the requirements of Section 215.97, Florida Statutes. This includes submission of a reporting package as defined by Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. '- If the provider expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds PART II1: REPORT SUBMISSION Three (3) copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following within 150 days of provideds fiscal year end: A. The Area Agency on Aging at the following address: Area Agency on Aging for Southwest Florida, Inc. Att'n: Fiscal Specialist 2285 First Street Fort Myers, Flodda 33901 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10t~ Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the agency at the following address within 150 days of provider's fiscal year end: Area Agency on Aging for Southwest Florida, Inc. Att'n: Fiscal Specialist 2285 First Street Fort Myers, Florida 33901 21 01/01/01 Master Agreement OAA 203.01 .3. Copies of reporting packages required by PART II of this attachment shall be submitted by or on behalf of the provider directly to each of the following: A. The Area Agency on Aging at the following address: Area Agency on Aging for Southwest Florida, Inc. Att'n: Fiscal Specialist 2285 First Stleet . Fort Myers, Florida 33901 B. The Auditor G¢,,neral's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Any reports, management letters, or other information required to be submitted to the agency pursuant to this attachment shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. Providers, when submitting audit reports to the agency for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the provider in correspondence accompanying the audit report. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this attachment for - a pedod of five (5) years from the date the audit report is issued, and shall allow the agency; or its designee, access to such records upon request. The provider shall ensure that audit working papers are ' made available to the agency or its designee, upon request, for a period of five (5) years from the date the audit report is issued, unless extended in writing by the agency. Form 104M, October 2000 22 01/01/01 Master Agreement CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS 0AA 203.01 ATTACHMENT IV Federal Grants.Management regulations and the Flodda Single Audit Act require financial management systems for providers of state and federal funds to be capable of providing certain information, assudng accuracy and accountability, in accordance with prescribed reporting requirements. These reporting requirements may require certain calculations or the provision of specified data to fully disclose the financial results of each federally funded or state-sponsored program. To ensure the integrityof the State's accounting syst.ems are not compromised, the following language was composed to protect the interests of the State and the elderly population of Florida who rely on the programs in place to assist them in preserving the quality and duration of their lives. The undersigned, an authorized representative of the provider named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The provider and any subcontractor of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the provider, sub-provider(s), or any outside entity on which the provider is dependent for data that is to be reported, transmitted or calculated, have been assessed and vedfied to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, provider(s) will take immediate action to assure data integrity. (3) If this contract includes the 15rovision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the provider (represented by the undersigned) and purchased by the State will be vedfied for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The provider and any subcontractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The provider shall require that the language of this certification be included in all subcontracts, subgrants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a matedal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Department of Management Services (DMS) Memorandum No. 6 (98-99) and OMB Circulars A-102 and A-110. Collier County Government Coliier County Services for Seniors-Bldg. H a~dd~~ider 3301 E. Tamiami Trail Naples, Florida 34112 Social Services DirectoDecember31,2000 SigP, ature Title Date Martha Skinner Name of Authorized Signer 23 FEB 13 ool ! 01/01/01 Master Agreement ATTACHMENT V MINIMUM GUIDELINES FOR Provider GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE . Medicaid Waiver consumers have the dght to request a fair hearing from the Department of Children and Families(DCAF) Office of Appeal Headngs in addition to or as an alternative to these procedures. NOTICE TO THE Provider OF THE ADVERSE ACTON TO BE TAKEN AND I~XPLANATION OF THF GRIllVANCE PROCEDURES FOR REVIEWING THAT DECISION · The provider must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. ~ (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) · Services cannot be reduced or terminated, nor any adverse action taken dudng the 10 day period. The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the dght to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a fdend, or other qualified representative in the requested review proceedings.. · All records of the above activities must be preserved in the consumer's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable time before or during the review; a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. All grievance reviews must be conducted at a reasonsble time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. The reviewer(s) must provide written notification to the requester, within 7 calendar* day~, a"---~e~A~. '. ~ review, stating: the decision, the reasons therefore in detail; i ___ I-b8 1 3 O0 the effect the decision has on current benefits, if favorable, or the circumstances regardin~l continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by wri '~: 24 01101101 ~ Master Agreement 0AA 203.01 calendar* days, except in decisions involving the professional judgement of a legal assistance provider; the availability of assistance in wdting, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, 1the individual's right to file a grievance with the Flodda Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTI~N APPEAL TO THE AREA AGENCY ON AGING Within 7 calendar* days Of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. The designated AAA official(s) must provide written notification to the requester within 7 calendar* days after considering the grievance review appeal, stating: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's dght to appeal, if applicable. Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the consumer's file. * In computing any period of time prescribed or allowed by these guidelines, the last day of the period s.o computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 25 FEB 1 3 ?ool 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 3rd 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 majoritS' 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 growth 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 AuthoritS' Contract and authorize the Chairman to sign the contract. The contract has been reviewed and approved by the County Attorney. Prepared By:" Date: JolL~rrell, Services for Seniors Accounting Technician Reviewed and Approved by: /---- ~', ~" - Date: IVanci E. Lochner, Services for Seniors Program Manager Reviewed and Approved by: ~~c&~ Date: Mar~a Skinne~, S9cial Services Director Reviewed and > i~,~ Date: Approved by: Leo E. Ochs, Jr., P,ub~ervices}Administrator Ol/Ol Contract No. ADAW.203.300 Medicaid Waiver Spending Authority Contract Area Agency on Aging for Southwest Flo~da, 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 oll'e!~__LLQ_ql!I~ Board of County_ Commissioners., hereinafter referred to as the "case management agency". The parlies 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 wish'mg 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. J Agend~ Jtel~ 01/01 c. Contract No. ADAW.203.300 Audits.and Records 1. To maintain books, records, and documents (including 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 Eider Affairs, as well as by federal personnel, if applicable. 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 tile 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 Ol/Ol Contract No. ADAW.203.300 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. Spending Authority The area agency authorizes payment in accordance with Attachment I to this agreement in the 1tnount of $84,803 for the Home and Community Based Medicaid Waiver for the third quarter of SFY 00-01. The area agency has authorized payment in the amount of $ n/a for the Consumer Directed Care Medicaid Waiver for the third 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 must not exceed allocated spending authori _ty 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 J,une 30, 2001 Be 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 victims of abuse, neglect, or exploitation who are in need of immed ~te services, will be given primary consideration for receiving home and communil ~-ba~i~ 3 01/01 re Contract No. ADAW. 203.300 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 finance 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. j .o.. ! FEB-I' I 01/01 '3. Contract No. ADAW.203.300 Termination for Breach Unless 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. d/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, Program Supervisor Collier Coun _ty Services for Seniors Collier Coun .ty Government Complex 3301 Tamiami Trail East, Building H (941)774-8443 In the event different representatives are designated by either party after execution of this conlxact, 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 FEB .! 3 2001 Ol/Ol Contract No. ADAW.203.300 IN WITNESS THEREOF, the parties hereto have caused this 7 undersigned officials as duly authorized. page contract to be executed by their CASE M,kNAGEMEN'T AGENCY BOARD PRESIDENT OR AREA AGENCY ON AGING: Area Agency on Aging for Southwest Florida d/b/a Sen/or Solutions of Southwest Florida AUTHORIZED DESIGNTE SIGNTD BY: N.~ME: games D:, C~rter, Ph. D. TITLE: _Chairman-Boar, d of County Commissioners DATE: FEDER_&L ID NL:.:'MBER: 596 ooo 5580 SIGNED BY: NAME: Ginger D. Koch TITLE: Board President DATE: January 2, 2001 Approved as to legal form and sufficiency by: thief Assistant County Attorney 6 FEB 1 3 ?00! Ol/Ol Contract No. ADAW. 203.300 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 foz 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 Commtmity 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 Seniors 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 maximum ADA Waiver rates allowed by Medicaid are as follows: Case Management: $45. O0 / hour Case Aide: $21. O0 / hour '¸7 7 o 0o EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 00-3177, TRANSPORT AND PLACEMENT OF BEACH COMPATIBLE SAND TO SOIL TECH DISTRIBUTORS OF NAPLES, INC. OBJECTIVE: To award a contract for transport and placement of 50,000 cubic yards of beach compatible sand during FY01 for planned erosion control projects at Parkshore and Hideaway Beach. CONSIDERATIONS: Sealed bids for Bid No. 00-3177 were scheduled to be opened on December 12, 2000. Advertisement for bids was posted on November 17, 2000. No bids were received by the date and time posted. As a result, the Purchasing Director recommended that a contract be negotiated in accordance with Collier County Purchasing Policy. Therefore, requests for proposals were sent to the vendors who attended the pre- bid conference conducted on November 27, 2000. The staff has completed negotiations with those vendors who submitted proposals and is recommending award of a contract to Soil Tech Distributors of Naples, Inc. in the amount of $599,250.00 as set forth in the attached bid schedule. FISCAL IMPACT: The total amount of the recommended contract award is $599,250.00. Funding for such was included in the TDC Grant Application for the Production, Transport and Placement of Beach Compatible Sand in the amount of $966,500.00 as approved by the Board of County Commissioners on January 9, 2001 [Agenda Item 8 (D)(4)] and is appropriated in TDC - Beach Renourishment Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: 1. Award a contract for Bid No. 00-3177 to Soil Tech Distributors of Naples, Inc. in the amount of $599,250.00. 2. Authorize the Chairman to execute the contract. AGENDA 17E .M..._ No. '~ FEB 13 2001 Pg._ I Prepared by: Reviewed by: Reviewed by: Approved by: Harry Huber, Project Manager III Department of Parks and Recreation Steve Camell, Purchasing Departmere · ' i eyeD]rector ~7 Department of Parks and R~creation Leo Ochs Jr., Ad~y~nis~ratdr Public Services D~visi0n Date: Date: Date: Date: /. FEB I 3 ~OOl BID SCHEDULE TRANSPORT AND PLACEMENT OF BEACH COMPATIBLE SAND COLLIER COUNTY BID NO. 00.3177 Item Estimated Unit Description Unit Quantity (CY) Price Total Transport of material to Beach Fill Site (a) Park Shore CY 35,000 $9.20 $322,000.00 (b) Hideaway Beach CY 15,000 $10.15 $152,250.00 Placement, Spreading, and Grading Beach Fill Material CY 50,000 $2.50 $125,000.00 TOTAL BASE BID $ 599,250.00 No. /(~ 13 .h~ - FEB'i ! nO; EXECUTIVE SUMMARY APPROVE CONTRACTS WITH QUALIFIED ENGINEERING FIRMS FOR RFP 00-3115 "ANNUAL CONTRACT FOR TRAFFIC ENGINEERING CONSULTING SERVICES" OBJECTIVE: To obtain Board of County Commissioners approval for contracts negotiated with qualified Traffic Engineering firms solicited under RFP 00-3115. CONSIDERATIONS: On September 6, 2000, the Board approved eleven firms for award of contracts on agenda item 16(B)4, and authorized staff to begin contract negotiations. All firms were contacted and negotiations have been completed. The firms have agreed to a standardized fee schedule in accordance with the County's goal of providing an equitable distribution of Work Orders based on each project requirements. The list of firms is as follows: David Plummer and Associates Florida Transportation Engineering, Inc. Tindale-Oliver and Associates, Inc. Metro Transportation Group, Inc. Tampa Bay Engineering, Inc. Tampa Transportation Engineering, Inc. Kimley-Hom and Associates, Inc. TEI Engineering, Inc. Gray Calhoun and Associates, Inc. RWA, Inc. WilsonMiller, Inc. FISCAL IMPACT: Funds are available in Fund 313, Gas Tax and are budgeted annually. GROWTH MANAGEMENT IMPACT: While these contracts do not directly impact the Growth Management Plan, they are consistent with meeting the County's goals of obtaining quality professional services at a fair price. RECOMMENDATION: That the Board approve contracts for these services and that the Chairman be authorized to sign the standard County Attorney approved contracts on behalf of the County. SUBMITTED BY: REVIEWED BY: APPROVED BY: Kel~ey W~, l~urchasing Agent Purchasing Department Stev~ ~firnell, PurchasinWGeneral Seroices Director Jo-~ne Varcoe-Leamer Support Semites Admi~strator DATE: EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 00-3169 TO SHAMROCK PL'UMBING INC. AS PRIMARY AND ACRES & SON PLUMBING AS SECONDARY PROVIDER FOR ON-CALL PLUMBING EQUIPMENT REPAIR AND MAINTENANCE OBJECTIVE: To approve the award of Bid # 00-3169 "On-Call Plumbing Contractor" to Shamrock Plumbing, Inc. and Acres & Son Plumbing for on-call plumbing equipment repair and maintenance, so that County facilities plumbing systems and plumbing fixtures can be well maintained. CONSIDERATIONS: On November 15, 2000, the Purchasing Department solicited bids for the purchase, repair, maintenance and installation of plumbing equipment. The selection of a vendor was based on a pricing formula taking into account the different categories for labor.costs. Those categories included: cost per hour for Master Plumber, Journeyman, Helper/Apprentice and general laborer. In addition, consideration was given for emergency response time, on-call non-emergency response time and markup over actual cost for materials. Plumbing services dre utilized throughout the County for building maintenance and repair needs at many of the County's facilities. These services include the replacement of toilets, sinks, drain lines, water fountains and water lines. Additonally, plumbing contractors are called upon for renovations and building retrofits of water and sewer systems. Bids were 'opened and two vendors responded: primary vendor Shamrock Plumbing Inc. and secondary vendor Acres & Son Plumbing. Staff recommends award to Shamrock Plumbing, Inc. as primary and Acres & Son Plumbing as secondary provider. A bid tabulation sheet is attached for review. FISCAL IMPACT: Plumbing repair and maintenance expenses average $100,000 annually. Funds are budgeted in various Departments' operating and capital cost centers. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan. ~COMMENDATION: That the Board of Collier County Commissioners award Bid # 00-3169 to Shamrock Plumbing Inc. as primary vendor and Acres & Son Plumbing second provider for the purchase, repair, maintenance and installation of plumbing equipment. Executive Summary Cont. On-Call Plumber Page 2 of 2 Daniel R. l~odriguez, Fa~'fiities,t~l~nager Department of Facilities Management Date: REVIEWED BY: ,~-7-; f7~~;,,~¥~f Skip CarrFp, CFM, Director Department of Facilities Management Date: REVIEWED BY: Stephen Y. Camell, Purchasing Department Date: APPROVED BY: ,.)')~/~/(, ~ / Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: FEB ! 3 2001 EXE ,CUT, IVE SUMMARY APPROVE STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE COURTHOUSE ANNEX, PARKING GARAGE & CHILLED WATER PLANT, RFP # 00-3173. OBJECTIVE: To have the Board approve the short list of architectural firms to provide professional services for the programming and design of the Courthouse Annex, parking garage, chilled water plant expansion and vehicular and pedestrian circulation. CONSIDERATIONS: On November 15, 2000, the County published a Request for Proposal (RFP # 00-3173) to provide architectural services for programming and design of the Courthouse Annex, parking garage, chilled water plant expansion and associated vehicular and pedestrian circulation. A selection committee comprised of representatives from Facilities Management, Purchasing, Development Services, the Sheri'ff's Office and the Clerk of Courts reviewed the ten proposals that were received by the due date of December 15, 2000 and by consensus short listed the following firms: 1. Spillis Candela and Panners, Inc. 2. Barany Schmitt Summers Weaver and Partners, Inc. 3. Hellmuth, Obata & Kassabaum, Inc. The Courthouse Annex will be designed in two phases. Phase 1 will consist of programming and schematic design and Phase 2 will consist of preliminary design, final design, construction documents and construction administration. Staff is requesting authorization to negotiate a Professional Services Agreement for Phase 1 with the top ranked firm, Spillis Candela and Partners, Inc., and if necessary, to negotiate with the second and third choices. FISCAL IMPACT: Funds for Phase 1 are currently budgeted in the proposed Courthouse Annex Design project for FY 00-01. Funds for Phase 2 will be requested upon the approval of Phase 1 by staff. GROWTH MANAGES{ENT IMPACT: This request is consistent with the County's Projected Space Assessment Analysis (Space Plan) and the Development of Regional Impact (DRI). RECOMMENDATION: That the Board of County Commissioners approve the short list and authorize staff to negotiate a contract for Phase 1 with the top ranked architectural firm as addressed in this summary. Phase 2 will be negotiated when funding becomes available. _/~[a/~Crognale, Constrfi~ction Manager )Jepartment of Facilities Management l A G£ ND.A IT£M_. FEB 1 3 2001 Courthouse Annex Design Executive Summary RFP # 00-3173 Page 2 REVIEWED B Skip Camp, CFM, Director Department of Facilities management DATE: REVIEWED BY: ~~t,~ ~/~-~tii Sieve d~tmell, I~irector Purchasing Department DATE: REVIEWED BY: JQ'n~i i ~'~ DATE: Jo-Anne Varcoe-Leamer, Administrator Support Services Division AG£nO~ I'r£M FEB 1 3 2001 .I LuLLJ ILU o~ ._~ _ EXECUTIVE SUMMARY TO RE.APPROPRIATE $50,000.00 PREVIOUSLY APPROVED AND BUDGETED IN FISCAL YEAR 2000 FROM THE GAC LAND TRUST FOR THE DESIGN OF A FIRE CONTROL AND RESCUE STATION TO BE LOCATED WITHIN GOLDEN GATE ESTATES OBJECTIVE: To approve a budget amendment that will re-appropriate $50,000.00 to pay a portion of the design and engineering costs associated with constructing afire Control and Rescue Station in Golden Gate Estates. CONSIDERATION: On May 23, 2000, the Board of County Commissioners approved Agenda Item 16(d)(3) for a budget amendment associated with this project, but since the funds were never expended or encumbered the appropriation lapsed. Therefore, it is necessary to re-appropriate these funds for the current fiscal year. FISCAL IMPACT: The Fifty Thousand Dollars is available in Fund 605, GAC Land Trust Reserves. GROWTH MANAGEMENT: This is consistent with the County's long range planning effort. RECOMMENDATION: The Board of County Commissioners approve the attached Budget Amendment Request authorizing the re-appropriation of $50,000.00 from the GAC Land Trust. SUBMITTED B~: REVIEWED BY: Toni A. Mott, Supervisor, Real Property Management '" Charles E. Carrin~tc~n~ Jr. [ Director, Real Property Management DATE: ~,~--. '~)I DATE: APPROVED BY: Jo-Anne Varcoe-Leamer Administrator, Support Services Division F£8 ! 3 2001 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #00.3170 TO LEHIGH SAFETY SHOE COMPANY, IRON AGE CORPORATION, VIC'S SHOE REPAIR (REDWING VENDOR) AND TOTAL FIRE GROUP (WARRINGTON VENDOR) FOR THE PURCHASE OF PROTECTIVE FOOTWEAR. ..OBJECTIVE: To award Bid #00-3170 to Lehigh Safety Shoe Company, Iron Age Corporation, Vic's Shoe Repair (Redwing Vendor) and Total Fire Group (Warrington Vendor) for the purchase of protective footwear for county employees in positions which pre.sent an exposure to foot injury. CONSIDERATION: The County's Safety Engineers worked with each department to conduct Personal Protective Equipment Hazard Assessments to establish a determination of need. These Hazard Assessments were completed for each job task that posed obvious foot injury hazards. After looking at past injury reports and their severity, it appeared that most of the injuries incurred could have been prevented if proper protective footwear were worn. A Protective Footwear Policy was drafted to develop policy and procedures to govern purchase, procurement, replacement, and use of protective footwear. Since the implementation of this program, there have been no foot injuries to county employees. On December 7, 2000 the Purchasing Department issued invitation to bid notices to 51 vendors. On December 20, 2000 bids were received and publicly opened from two bidders, Lehigh Safety Shoe Company and Iron Age Corporation. Staff has reviewed both bidders and found them to meet the County's minimum requirements. However, in reviewing the bid offers, staff found that neither bidder offered the full array of desired product lines. Hence, staff solicited and received additional bids from two other vendors, Vic's Shoe Repair and Total Fire Group. These firms will furnish additional product lines to give County departments greater flexibility in selecting footwear to meet their particular needs. FISCAL IMPACT: Approximately 300 Collier County employees will be issued protective footwear due to the hazardous tasks they perform. The average price of each pair of protective footwear is $110. The total expenditures for this purchase should not exceed $33,000. The cost is budgeted within departmental budgets. The prices quoted by each vendor are 15-20% below the list price. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of Commissioners award Bid//00-3170 to Lehigh Safety Shoes Company, Iron Age Corporation, Vic's Shoe Repair (Redwing Vendor) and Total Fire Group (Warrington Vendor) for the purchase of protective foot wear. Michael Dock, Safety Manager REVIlEWED BY: Q~.~~~ Date: //~'//~./ J~ef~al~r, Director of Risk Management APPRO~ BY: '~/~ ~I°/~' Date: t/ . / Jo-Anne V~c~ ~amer, Suppo~ Sem~ces Administrator EXECUTIVE SUMMARY AWARD RFP #00-3187 "DESIGN SUPPORT SERVICES FOR NEW COLLIER COUNTY EMERGENCY SERV~YCES COMPLEX" TO HARVARD JOLLY CLEES TOPPE ARCHITECTS WITH SCHARF & ASSOCIATES AND AUTHORIZE STAFF TO PROCEED WITH DESIGN ACTIVITIES OBJECTIVE: Board approval to award RFP #00-3187, "Design Support Services for New Collier County Emergency Services Complex" to Harvard Jolly Cless Toppe Architects with Scharf & Associates. Board authorization for staff to proceed with the design of an Emergency Service facility to house Emergency Services Administration, an Emergency Operation Center, EMS Administration, Media Production, Florida Highway Patrol - Troop F, and an alternate communications center for the Collier County SheriIT's Office. CONSIDERATION: The Board of County Commissioners approved $50,000 during the current budget cycle to obtain design services for the construction of an Emergency Services Complex to be located in an area less vulnerable to flooding and storm surge. The County is currently in negotiations with the Collier County Public Schools to purchase 7 acres of land located on Santa Barbara Blvd., approximately '/2 mile north of Davis Blvd. A new EMS station will be built on this site and the remaining area could accomodate the Emergency Services Complex. An initial meeting of personnel from the Emergency Services agencies, Facilities Management, Public Information, Information Technology and Collier County Sheriff's Office was held on December 5, 2000. The purpose of the meeting was to gain participant involvement, create a strategic frame work, and to prepare a Request for Proposal. On December 13, 2000, RFP #00-3187 "Design Support Services for New Collier County Emergency Services Complex" was disseminated to prospective architectural design teams. On December 27, 2000, a pre-bid meeting was held at the Collier County Purchasing Department. Ten firms were in attendance. On January 16, 2001, the RFP review meeting was conducted to insure that all requirements of the RFP were met. On January 22, 2001, the RFP packets were distributed to the review team to prioritize the proposals. The review team met on January 29, 2001 to provide the Purchasing Department with the prioritized listing and to select the top three firms. Harvard Jolly Clees Toppe Architects with Scharf & Associates was unanimously selected by the six voting members as the first choice. Schenkel Shultz, Architects was second and George Palermo, Architect, Inc. was third. FISCAL IMPACT: $50,000 was budgeted for l~iscal Year 01 for design services. Funding source is County, Wide CIP. GROWTH MAN/AGEMENT IMPACT: Goal 12 of the Conservation and Coastal Management Element requires that the County shall make every reasonable effort to ensure the public safety of people and property from the effects of disasters. RECOMMENDATION: That the Board of County Commissioners award RFP #00- 3187 "Design Support Services for New Collier County Emergency Services Complex" to Harvard Jolly Clees Toppe Architects with Scharf & Associates. Authorize staff to enter into negotiations with Harvard Jolly Clees Toppe Architects with Scharf & Associates as the design firm for the project. SUBMITTE Date: ,~.~C~ ',.~,,.,' o/ KePme. ih F. Pineau, Emergency Management Director REVIEWED BY: ~'""~'~1 ~,Date: ..., ,, Steve C~am~11, ~burchasing'Director APPROVED BY: ~~J/~ Date: Thomas Storrar, Emergency Services Administrator AI~END.~ ITEM No. Ik c! FEB 13 TABULATION FOR RFP # 00-3187 "Design Support Services ,for New Collier County Emergency Services Complex" DATE OF RFP ADVERTISEMENT: 12/13/00 RFP DUE: 01/12/01 NO. OF NOTICES SENT: 55; VENDORS REQUFSTED FULL PACKAGE: 16 Proposer Original + 5 Copies Schenkel, Shultz FL X Yes E~ No Schmitt Weaver & Partners >les, FL X Yes [~] No Harvard Jolly Clees Architects FL X Yes No Architect FL X Yes No Architectre'e-Interiors Coral FL X Yes [~ No Op~ncd by Witness FEB 13 2001 FEB 1 3 2001 EXECUTIVE SUMMARY TO EXPAND CAPABILITIES OF THE CURRENT CARDIAC MONITORS BY PURCHASING NON-INVASIVE BLOOD PRESSURE AND END TIDAL CO2 DETECTOR FROM MEDTRONIC PHYSIO-CONTROL OBJECTIVE: To expand and enhance the quality of patient care by expanding the capabilities of the current Physio -Control LP 12 cardiac monitors. CONSIDERATION: Currently the EMS Department utilizes the Medtronic Physio-Control LP 12 cardiac monitoring, defibrillation, and cardiac pacing monitor. The LP 12 has a unique ability to network with local hospital's ECG Data Management Systems. The national standards for medical care includes Non-invasive blood pressure and end tidal CO2 monitoring as a normal part of patient care. Staff recommends that we continue with the practice of enhancing current equipment, allowing for user continuity and a single source for product support. The staffs recommendation also includes waiving the formal competitive bid process and proceeding forward with the purchase and implementation of non- invasive blood pressure and end tidal CO2 monitors from Medtronic Physio- Control. It is important to note that as a result of aggressive negotiations we achieved a fifty thousand price reduction. The wavier of the competitive bid process is recommended pursuant to Section V.A. 1 of the Board's purchasing policy for the reasons cited herein. FISCAL IMPACT: Total cost for the enhancement of 32 Life Pack 12 monitors is $ 224,432.00. ( NIBP 32 x 2, 739 = $ 87, 648.00) ( ETCO2 32 x $ 4,274.50 =$ 136,784.00) Staff proposes to acquire this equipment through the County's master lease program. Annual monthly payments will be made in the amount of $ 4,250.79 for a term of 60 months. This item was budgeted as part of FY - 2000/01 in fund 490. In this fiscal year the cost of the lease will be $ 29, 755.53. The cost per year for the remainder of the lease term will be $ 51,009.48 GROWTH MANGEMENT: Any future purchases of Physio- Control LP 12 will be purchased with these enhancements. RECOMMENDATION: That the Board of County Commissioners waive the formal competitive bid process and approve the purchase of the Physio- Control I.P 12L enhancements. 'I,~GENDA ITEI~ FEB 13 zoo! PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: /'/~~~ DATE: J"'orggAgL-li'leral Training Commander Emergency Medical Services Department Steve~ nell, P~rchasing Director .a .~,~,~r,~, DATE: D' ne ~:l~!gg, ~lief Emergenoy ~edic~l Se~ioes Dep~ment Tom Storrar, Administrator Emergency Services 'i AGE. NDA ~r'E~M NO,, JJ; ~-~./-- FEB 1 3 2001 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 13, 2001 General (Fund 001) Helicopter Operations Budget Amendment #01-121 C_apital Improvements - General $11,500 Reserves Reserve for Contingencies ( 11,500) Total: -0- Explanation: Funds are needed to pay for painting the helicopter hangar floor, which was approved in FY00. Purchase order was prepared in FY00, and work was completed. However, the invoice was not submitted prior to finance closing the FY00 purchase order. Theretbre, funds are need from the general fund reserves to pay this invoice. General (Fund 001) Housing & Urban Improvements Administration Budget Amendment #01-122 O~peratin~ Expenses Reserves Reserve for Contingencies Total: $25,000 (25,000) Explanation: Funds are needed to pay for Economic Impact Study for Immokalee Motorsports Facility in FY00. Study was not completed by the end of FYO0. FY00 purchase order was closed. Therefore, funds are needed from the general fund reserves to pay this invoice. Water Management CIP (Fund 325) Budget Amendment #01-135 Capital Heavy Equipment & Trailers $10,600 Reserves Reserves for Capital Equipment (10,600) Total: -0- Explanation: Funds are needed to purchase the scheduled replacement of an All-Terrain Vehicle (ATV) for the Aquatic Plant Control Section of the Stormwater Management Department. AGENDA ITEM No. FEB 13 200l Pg. / EXECUTIVE SUMMARY IMMOKALEE REGIONAL AIRPORT - EXTENSION OF TEMPORARY USE PERMIT FOR IMMOKALEE REGIONAL RACEWAY OBJECTIVE: To extend the Temporary Use Permit for the Immokalee Regional Raceway located at Immokalee Regional Airport. CONSIDERATION: Previously a Temporary Use Permit was issued to RTH Enterprises, Inc. D/B/A Immokalee Regional Raceway to allow for the temporary use of a closed runway at the Immokalee Regional Airport for the purpose of automobile drag racing. This Temporary Use Permit expires February 28, 2001. The Authority is in the process of obtaining Site Development Plan (SDP) approval for the facility but must first obtain an Environmental Resource Permit (ERP) for the entire airport. The ERP process is well underway and should be completed within one (!) year. The Authority requests an extension of the Temporary Use Permit through February 28, 2002. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Immokalee Regional Raceway currently pays $42,000 annually to the Airport Authority, which reduces the Airport Authority's break-even need from the County by same. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to authorize the extension of a Temporary Use Permit for the Immokalee Regional Raceway to operate an automobile drag-racing facility through February 28, 2002 at which time it is anticipated that SDP approval shall be secured PREPARED BY: / //' ~ ohn H. Drury, Executiv~or .... '~GENDA ITEM t EXECUTIVE SUMMARY ESTABLISH THE PROJECT BUDGET FOR DESIGN' AND CONSTRUCTION OF INDUSTRIAL PARK INFRASTRUCTURE IMPROVEMENTS AT THE IMMOKALEE REGIONAL AIRPORT OBJECTIVE: To establish the budget for a project that will provide for the design and construction of Industrial Park Infrastructure Improvements at the Immokalee Regional Airport. CONSIDERATION: On May 2, 2000 the Board authorized the Chairman to accept a Federal Economic Development Administration grant to construct Industrial Park Infrastructure Improvements at the Immokalee Regional Airport. The grant in the amount of $1,078,500 was awarded on August 14, 2000 and accepted by the Chairman. The total cost of the project is $1,553,500, consisting of the grant of $1,078,500, a matching FDOT grant of $280,000 and a Coun~ match of $195,000. The FDOT grant and County match have been previously budgeted. A budget amendment is required to recognize and appropriate the EDA Grant revenue of $1,078,500. GROWTH IMPACT: N/A FISCAL IMPACT: Approval of this budget amendment will increase the Airport Capital Fund (496) total by $1,078,500. No additional County funding is required. RECOMMENDATION: Approve the budget amendment as described above. PREPARED BY' 'c '~--x/4 "GARY Finance Manager .. DRUR / E~utive Director AGENDA ITEM FEB 13 2001 Pg.__| FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February ! 3, 2001 Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 98-3921-MMA, 98-1933-MM& 96-5967-MMA, RECOMMEND APPROVAL. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Golden Gate Fire Control & Rescue District- Agenda for January 10, 2001 meeting B. Minutes: 1) Ochopee Fire Control District - Minutes of October 2, and November 6, 2000 meetings 2) Contractor's Licensing Board Workshop - Minutes of October 11, November 15, and December 13, 2000 meetings 3) Radio Road Beautification Advisory Committee - Agenda for January 8, 2001 meeting, April I0, June 5, August 14, September 11, October 9, December 11, 2000 meetings and Minutes of March 13, April 10, May 1, June 5, August 14, September 11, October 9, November 13, December 11, 2000 meetings 4) Immokalee Beautification MSTU Advisory Committee - Agenda for July 19, August 16, December 20, 2000 and January 17, 2001 meetings and Minutes of December 20, 2000 meeting 5) Golden Gate Beautification Advisory Committee - Agenda for January 9, 2001 meeting and Minutes of December 12, 2000 meeting 6) Collier County Tourist Development Council - Agenda for January 8, 2001 7) Enterprise Zone Development Agency - Agenda for May 4, August 10, 2000 meetings, Minutes of May 4, August 10, 2000 meetings 8) H:Data/Format Affordable Housing Commission - Agenda for January 20, February 17, March 16, April 20, September 21, November 16, December 14, 2000 AGEI~DA I~EM FEB H:Data/Formm meetings, and Minutes of JanUILry 20, February 17, March 16, April 20, May 18, November 16, December 16, 2000 meetings 9) Collier County Health Care Review Committee -Agenda for April 12, July 26, and September 27, 2000 meetings and Minutes of May 17, July 26, and September 27, 2000 meetings, and Notice of August 17, 2000 meeting 10) Community Health Care Planning & Finance Committee - Agenda for October 25, November 15, and December 20, 2000 meetings and Minutes of October 25, November 15, and December 20, 2000 meetings 11) Development Services Advisory Committee - Agenda for January 5, February 2, March 1, April 5, May 3, June 7, July 5, August 2, September 6, October 4, November 1, December 6, and January 19 meetings and Minutes of January 5, January 19, February 2, March 1, April 5, May 3, June 7, July 5, August 2, September 6 October 4, and December 6, 2000 meetings 12) Emergency Medical Services Advisory Council - Agenda for April 26, June 28, August 30, September 27, October 25, December 13, 2000 and January 31, 2001 meetings and Minutes of May 24, July 26, August 30, September 27. October 25, December 13, 2000 meetings 13) Radio Road Beautification Advisory Committee - Agenda for November 13, 2000 meeting 14) Collier County Water & Wastewater Authority - Minutes of February 28, April 24, July 24, August 28, and October 23, 2000 meetings 15) Library Advisory Board - Agenda for January 26, February 23, March 22, April 26, May 24, June 28, September 27, October 25, 2000 meetings and Minutes for October 25, 2000 meeting 16) The Beach Renourishment~aintenance Committee - Agenda for June 1, August 3, September 11, October 3, November 2, December 19, 2000 and January 4 and 11, 2001 meetings and Minutes for August 3, September 11, October 3, November 2, December 19, 2000 meetings 17) Hispanic Affairs Advisory Board - Minutes of November 18, 1999 and January 27, 2000 meetings 18) Collier County Metropolitan Planning Organization - Agenda for January 12, 2001 meeting 19) Pelican Bay MSTBU Advisory Committee - Agenda for January 3, 2001 and Minutes of December 6, 2000 meetings FEB [ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 362 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. TONY GU.4RINO, III, ET .,4L., (Golden Gate Boulevard Project ~1o. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation and as all costs recoverable by the property owners for the acquisition of the easement designated as Parcel 362 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Tony Guarino, III, et al., Case No. 00-1970-CA. CONSIDERATIONS: On September 14, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project, including the acquisition of Parcel 362. On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $11,200.00 for Parcel 362 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, William F. and Barbara Gallagher, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-292). The terms of the settlement agreement are set out in the Stipulated Final Jddgment which is attached hereto as Exhibit "1". The property owners incurred costs in the form of expert fees for an appraiser, Calhoun and Associates, Inc., and an engineer/planner, Morris-Depew Associates, Inc. All reasonable costs incurred by the property owners in defense of the proceedings are recoverable pursuant to Section 73.091, Fla. Stat., from the condemning authority, and the parties have agreed to a reasonable fee for these experts as set forth in the attached Stipulated Final Judgment (Exhibit "1"). A large portion of these costs were incurred as a result of the challenge imposed by the property owners to the entry of an Order of Taking. Pursuant to the terms of the Stipulaied Final Judgment, Collier County shall deposit the additional sum of $21,443.50 which includes $7,550.00 for the property taken and all damages, $4,500.00 for appraisal fees, $3,800.00 for engineering/planning fees, and $5,593.50 for attorney's fee, with the Registry of the Court, within 30 days of the date of entry of the Stipulated' Final Judgment. Pursuant to Section 73.092 (1)(a), Fla. Stat., attorney's fees are calculated at thirty-three percent (33%) of the benefit achieved for the client property owners. Attorney's fees are therefore calculated at 33% of the difference between the offer of $1,800 and the settlement amount of $18,750, or $16,950.00, for a final fee amount of $5,593.50. Staff has reviewed the appraisal and engineering fees as well as the obligation stated in the Stipulated Final Judgment and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. FISCAL IMPACT: Funds in the amount of $21,443.50, are available in the ro~ gas tax funds. Source of funds are gas taxes. 1 GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated in the Stipulated Final Judgment; and SUBMITTED BY: direct staff to deposit the sum of $21,443.50 into the Registry of the Court upon entry of the Stipulated Final Judgment. -' ~: ~._-~C-~_. Date: /~/t/ JEllen T. Chadwell Assistant County Attorney REVIEWED BY: A. N. Korti, Project Manager Transportation Engineering & Construction Management Date: [ / 7 z-~t/ o I REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management REVIEWED BY: REVIEWED BY: Steve Miller, P.E., Director Transpor}ation Engineering & Construction Management No'rm/Feder, Administrator TranSportation Division APPROVED BY: David C. Weigel O County Attorney h:Lit\EmDom\Guarino\ExSum-P362SFJ 2 Date: Date: ,/z.q;,/- / Date: Date: 9.101 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. TONY GUARINO, III, et al., Respondents. CASE NO. 00-1970-CA PARCEL: 362 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, WILLIAM F and BARBARA GALLAGHER, by and through their undersigned counsel, Douglas L. Rankin, Esq., for entry of a Stipulated Final Judgment as to Parcel No. 362, 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, WILLIAM F. and BARBARA GALLAGHER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, WILLIAM F. and BARBARA. GALLAGHER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighteen Thousand Seven Hundred Fifty. and No/100 Dollars ($18,750.00) for Parcel No. 362 (which amount includes the $11,200.00, previously deposited by Petitioner pursuant to the Order of Taking) as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for a in connection with the acquisition of Parcel 362 and the proposed improvements at Golden Gate Boulevard and Wilson Boulevard as described in the Petition and more particularly depicted in the project construction plans (100% complete) dated April 17, 2000; it is further ORDERED that Respondents, WILLIAM F. and BARBARA GALLAGHER, receive from Petitioner as a reasonable attorney fee the sum of Five Thousand Five Hundred Ninety-Three and 50/100 Dollars ($5,593.50). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 362; it is further ORDERED that Respondents, WILLIAM F. and BARBARA GALLAGHER, receive from Petitioner the sum of Four Thousand Five Hundred and No/100 Dollars ($4,500.00) for a reasonable appraisal fee for the services of Calhoun and Associates, Inc.; it is further ORDERED that Respondents, WILLIAM F. and BARBARA GALLAGHER, receive from Petitioner the sum of Three Thousand Eight Hundred and No/100 Dollars ($3,800.00) as a reasonable engineering/planning fee for services provided by Morris-Depew Associates, Inc.; it is ful'ther ORDERED that Petitioner shall deposit into the Court registry an additional Twenty-One Thousand Four Hundred' Forty-Three and 50/100 Dollars ($21,443.50), which equals Seven Thousand Five Hundred Fifty Dollars and No/100 ($7,550.00) for the property taken and all damages, Five Thousand. Five Hundred Ninety-Three and 50/100 Dollars ($5,593.50) for attorney's fees, and Eight Thousand Three Hundred and No/100 Dollars ($8,300.00) for expert fees, subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment; it is further 2 FEB 1 3 2001 ORDERED that disbursement to Respondents, WILLIAM F. and BARBARA GALLAGHER is subject to any claims of mortgagees, and Respondents shall hold the Petitioner harmless as to any such claims; it is further ORDERED, that the Clerk of this Court shall disburse the sum of Five Thousand Five Hundred Ninety-Three and 50/100 Dollars ($5,593.50), being the Respondents' attorney's fees to Douglas L. Rankin, P.A., c/o Douglas L. Rankin, Esquire, 2335 Tamiami Trail North, Suite 308, Naples, Florida 34103; it is further ORDERED, that the Clerk of this Court shall disburse the total sum of Twenty-seven Thousand Fifty Dollars and No/100 ($27,050.00), which includes Eighteen Thousand Seven Hundred Fifty Dollars and No/100 ($18,750.00) as ffull compensation and Eight Thousand Three Hundred and No/100 Dollars ($8,300.00), as the Respondents' expert fees, to Douglas L. Rankin, P.A. Trust Account, c/o Douglas L. Rankin, Esquire, 2335 Tamiami Trail North, Suite 308, Naples, Florida 34103; it is further ORDERED that title to Parcel No. 362, road right-of-way, drainage, sidewalk, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 14, 2000, and the .deposit of money heretofore made, are 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 2684, Page 1008 Of the Public Records of Collier County, Florida be dismissed as to Parcel NO. 362; and it is further OKDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore No. day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida. this ,2o0 . Hugh D. Hayes Circuit Court Judge conformed copies to: Ellen T. Chadwell, Assistant County Attorney Douglas L. Rankin, Esq. Glenn E. Tucker, Esq. (for Tax Collector) Nationsbank, N.A. Avatar Properties, Inc. Bookkeeping N JOINT MOTION FOR STIPULATED FINAL JUDGME~ T The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 362. Dated: Dated: DOUGLAS L. RANKIN, ESQ. Florida Bar No. 365068 2335 Tamiami Trail North Naples, Florida 34103 (941) 262-0061 - Phone (941) 262-2092 - Facsimile Attorney for Respondents, Gallaghers ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 Assistant. County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941 ) 774-0225 - Facsimile Attorney for Petitioner 4 AC, EN FEB 13 2001 ul -ICE 01-: CAPi' 3301 EAST TAMIAMI TRAIL (941} 774-8192 SKETCH OF DESCRIPTK)N , (NOTA SURVEY) /,, , ~XHIBIl' "A" GOLDEN GAT~ BOULEV2RD I ix)' ~LOiW. DESCRIPTION L ~-XIST. ~ IY~W EASEMEN3 t-~ . 25 FOOT ROAD RIGHT OF WAY, L DRAIHAGE,S DEWALl :. UTILITY, · & MAINTEN^I~CE EAtENlENT TRACT 125 300' L IIOU II PROPERTY tl~l'f PROJECT NO. 83041 PROJECT PARCEL NO. 382 _~'~/~,9'J-'..~ ~ o,~ ? .~-- E. XISTINO RIOHT OF WAY LINE ""~ EAST PROPElITY UNE :i TIlE SOUTH 2R FEET OF TH :- NOR~ H 76 FEET OF TRACT ~2~. LE55 Tile EAST 50 FEETll EREOI .GOLDEN GATE E-~TATES UNIT I'/o. 12, AS I~ECORDE ) IN PL ~T BOOK 4. PAGE 105, OF ] HE PUDUC RECORD~ OF COL[ IE~ C[ J~, FLORIDA, GOD3b-J' Public Works Engineering Dcp£ 3301 T. mlnmi Tr~l! £,~st Naples, ]q. 34 ! 12 SH¢_ET 1 OF ~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES, ATTORNEY'S FEES AND COSTS AS TO PARCEL 108 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-3683-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees, Attorney's Fees and Costs as to Parcel 108 as all costs recoverable by the property owners for the acquisition of Parcel No. 108 in the lawsuit entitled Collier County v. Jose L. Rey, et al., Case No. 99-3683-CA. CONSIDERATIONS: On October 10, 2000, the parties agreed to the sum of $1,600 as full compensation for the property rights taken as to Parcel 108. This agreement was approved by the Board of County Commissioners on October 24, 2000. The property owners incurred costs in the form of expert fees for an appraiser, Carroll & Carroll, and an engineer, Wilkison & Associates, and miscellaneous costs in the amount of $143.12. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to §73.091, Fla. Stat. from the condemning authority, and the parties have agreed to a reasonable fee for these experts as set forth in the attached Agreed Order (Exhibit "1"). The Agreed Order provides for $275.12 to be paid to Earle & Patchen as attorneys fees and costs; $3,037.50 to be paid to Carroll & Carroll as appraisal fees and costs; and $2,300.00 to be paid Wilkison & Associates as engineering fees and costs. Pursuant to §73.092(1)(a), Fla. Stat., attorney's fees are calculated at thirty-three percent (33%) of the benefit achieved for the client property owner. Benefit in this instance is the difference between the last written offer made by the County and the settlement amount. Attorney's fees are also recoverable for non-monetary benefits. The last written offer made to the property owners, Garnet and Elaine Graves, before hiring an attorney was made on June 29, 1999, in the amount of $1200.00. Attorney's fees are therefore calculated at 33% of $400, or $132. To comply with the terms of the Agreed Order, $5,612.62 must be deposited into the Court Registry. Staff has reviewed the appraisal and engineering fees as well as the remaining obligations of the County as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. In particular regard to the appraisal fees, it is staff's opinion that the hours spent by the appraiser in conducting sales research for purposes of determining fair market value of the subject property are reasonable. However, this research need not be duplicated by the appraiser in evaluating other properties affected by this project and it is the opinion of the Office of County Attorney that future appraisal fees submitted by Carroll & Carroll for properties along Golden Gate Boulevard should be carefully scrutinized as to the amount of sales research being billed before reaching a settlement as to these fees in order to avoid paying more .than once for the same work effort. FISCAL IMPACT: Funds in the amount of $5,612.62 are available in the re. gas tax funds. Source of funds are gas taxes. FE- 13 2001 GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the terms Of the Agreed Order Awarding Expert Fees, Attorney's Fees and Costs; Approve the expenditure of the funds as stated; and Direct staff to deposit an additional $5,612.62 into the Registry of the Court. .~_~11en T. Chadwell Assistant County Attorney REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: A.N. Korti, Project Manager Transportation Engineering & Construction Management Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management 14 7.? Steve Miller, P.E., Director Transportation Engineering & Const :r~ion Management Nol-rn/~n E. Feder, Adm~mstrator Tran~'portation Division / I~avid Ci ~'~'~gel ~ - County Attorney h: LitLRey',ExSum- AgreedOrder-P 108 2 Date: Date: Date: ;/'~,,t-//'~ / ! Date: ¢~/'~/ FEB 13 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. JOSE L. REY, et al., Petitioner, Respondents. / Case No.: 99-3683-CA Parcel No.: 108 AGREED ORDER AWARDING EXPERT FEES, ATTORNEY'S FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondents, GARNETT GRAVES and ELAINE GRAVES, for entry of an Agreed Order Awarding Expert Fees, Attorney's Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, GARNETr GRAVES and ELAINE GRAVES, have and recover from Petitioner, COLLIER COUNTY, the sum of THREE THOUSAND THIRTY-SEVEN DOLLARS AND 50/100 ($3,037.50) for appraisal services with respect to Parcel 108 and the sum of TWO THOUSAND THREE HUNDRED DOLLARS AND 00/100 ($2,300.00) for engineering fees incurred with respect to Parcel 108; and it is further ORDERED AND ADJUDGED that Respondents, GARNET GRAVES and ELAINE GRAVES, shall recover from Petitioner, COLLIER COUNTY, attorney's fees and costs PUrSuant AGENDA ITEJ~ FEB 1 3 2001 to Sections 73.091 and 73.092, Florida Statutes, in the amount of TWO HUNDRED SEVENTY-FIVE DOLLARS AND 12/100 ($275.12); and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, subject to the approval of the Board of County Commissioners of Collier County, deposit into the registry of the Court, the sum of FIVE THOUSAND SIX HUNDRED TWELVE DOLLARS AND 62/100 ($5612.62) which includes all expert fees, attorney's fees and costs recoverable by Respondents in this cause; and it is further ORDERED AND ADJUDGED that the Clerk of the Court shall forthwith upon receipt of the deposit by Petitioner pay the sum of FIVE THOUSAND SIX HUNDRED TWELVE DOLLARS AND 62/100 ($5612.62), to EARLE & PATCHEN, P.A. TRUST ACCOUNT, c/o Brian P. Patchen, Esq., Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 1112, Miami, Florida 33131, for proper disbursement of expert fees, attorney's fees and costs. DONE AND ORDERED this ~ day of February, 2001, in Naples, Collier County, Florida. Conformed Copies: Ellen T. Chadwell, Esq. Brian P. Patchen, Esq. Glenn E. Tucker Esq. Bookkeeping 2 Ted Brousseau Circuit Court Judge FEB 13 2001 JAN-l@-01 FRI 12:52 E/~RLE & P~I'OHEN, P~. ~-I}1 QZ:~lpm F~r'~olller Count~ kttor.ax Ofti~ FRX NO, 13053723891P, 02 041 ??4 l)2~ T-TO5 P.00S/005 F-T60 JOIPr~ The Parties, by and through ~ und~-,igned attorneys, hctcby utov~ for ent~ of the fmrcBoi~g Agreed O~de~ Aw'a,-d~uB B~pcrr l~ccs. Attor~y's F~.~ and C~sts. ]Flor-ida, Bar 1'~o.: 157~45 ~ & PAT~, P.A. ._..1000 Brick~ll Avcnue .., ,. 8ult~ 1112 l~[iazlfi, ~od~ 33131 (305) 372-1112 - Tel~h~e · Flc~d~ B~ ~o.: 0983860 ~m~on ~ ~~ 330t ~ T~ T~' NnR[o~ ~ 34112 (~1) 77~6~0 - T~h~c ~ ~r P~~ 3 FEB 13 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 107.T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE, ET AL., (LIVINGSTON ROAD PROJECT No. 65041) 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 easement designated as Parcel 107-T for the Livingston Road project in the lawsuit entitled Collier County v. John B. Fassett, Trustee, et al., Case No. 99-3040-CA. CONSIDERATIONS: On, December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 65041). On December 14, 1999, Collier County deposited with the Registry of the Court the sum of $46,200.00 for Parcel 107-T in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Tim Maloney, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-250). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $77,700.00 to be paid to the Respondent as full compensation for the property rights taken, less amount previously paid, as to Parcel 107-T; $10,395.00 to be paid to Jackson Bowman, Esq. as reasonable attorney fees; and $629.10 to be paid to Moms-Depew Associates, Inc. for engineering and planning fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $42,524.10 with the Registry of the Court. S~,aff i~as reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $42,524.10 are available in the road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. 1 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 $42,524.10 into the Registry of the Court. SUBMITTED BY: Assistant County Attorney Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Date:\ ] 2 ~ [ o'1 REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation Engineering & CNOnSt//iction/iMana//eme/~t 7e';t~' ., - )~7ffi 13eder, Administrator Transportation Division David C. Weigel ~32 County Attorney Date: ~//"3 q--/~'/ Date: Date:// h: LiP,EmDom\FassettkEx S urn - P 107TS FJ AGENDA 11EM FEB 13 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT P_q AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, a political subdivision of the State of Florida, Perihoner, VS. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86, et al., Respondent. / CASE NO.: 99-3040 PARCEL: 107-T STIPULATED FINAL JUDGMENT THIS CAUSE having come on upon Joint Motion for the entry of a Final Judgment made by the Petitioner, COLLIER COUNTY, and Respondent, TIM MALONEY, as to Parcel 107-T, set forth herein below, and it appearing to the Court that the parties were authorized to enter into such Stipulation, and the Court finding that the compensation to be paid by the Petitioner is full, just and reasonable for all parties concerned, and the Court being fully advised in the premises, it is therefore, ORDERED AND ADJUDGED as follows: 1. That the Respondent, TIM MALONEY, does have and recovers from Petitioner the sum of SEVENTY-SEVEN THOUSAND SEVEN HUNDRED and NO/100 Dollars ($77,700.00), for Parcel 107-T as full compensation for the property interests taken including damages of any nature. 2. That the Respondent does have and recovers from the Petitioner the additional sum of TEN-THOUSAND THREE HUNDRED NINETY-FIVE and 00/100 Dollars ($10,395~~ reasonable attorneys' fee pursuant to § 73.092 Fla. Stat. (2000), m settlement of all attorneys fees in connection with the above-styled cause of action as it relates to Parcel No. 107-T. 3. That the Petitioner shall pay Morris-DepeW Associates, Inc., as reasonable engineering/planning fees, the sum of SIX HUNDRED TWENTY-NINE and 10/100 Dollars ($629.10). 4. That the Court will retain jurisdiction for determination of the appraiser expert witness fees and office costs upon Motion of Respondent. 5. That Petitioner shall deposit an additional FORTY-TWO THOUSAND FIVE HUNDRED TWENTY-FOUR and 10/100 DOLLARS ($42,524.10) ($77,700.00, less the initial deposit of $46,200.00; plus $10,395.00 for attorney's fees; and $629.10 for engineering/planning fees), subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment. 6. That upon deposit, the Clerk of this Court shall pay directly to the law firm of BRIGHAM MOORE LLP, TRUST ACCOUNT, 100 Wallace Avenue, Suite 310, Sarasota, Florida 34237-6043, the sum of FORTY-TWO THOUSAND FIVE HUNDRED TWENTY-FOUR and 10/100 DOLLARS ($42,524.10), that being the total of the above award, for proper disbursement. 7. That title to the following described property, to wit: SEE EXHIBIT "A" ATTACHED which vested in the Petitioner pursuant to the Order of Taking and deposit of money heretofore made is approved, ratified and confirmed. 8. That the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2592, at Page 2869, and the Amended Notice of Lis Pendens filed in the above-sty led cause and recorded in Official Record Book 2598, at Page 0001 of the P '~[i;,, - '~i~K)~.N~~ 2 FEB 13 2001 of Collier County, Florida be dismissed as to Parcel No. 107-T. 9. That this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefor DONE AND ORDERED in Chambers in Naples, Collier County, Florida this __ day of January, 2001. Conformed Copies furnished to: Jackson H. Bowman, Esquire Heidi Ashton, Esquire Bookkeeping HONORABLE TED BROUSSEAU CIRCUIT COURT JUDGE JOINT MOTION 3 NO.~ FEB 13 2001 The parties by and through the undersigned, respectfully move for the entry of the foregoing Stipulated Final Judgment. H]~DI F'~.-A'SHTON, Esquire Florida Bar No. 0966770 Assistant County Attorney Office of the Collier County Attorney 3301 East Tamiami Trail, 8th Floor Naples Florida, 34112-4902 Phone: 941-774-8400 Facsimile: 941-744-0225 Attorney for Petitioner Date: ill '3c/01 · - , Esquire- Florida Bar No. 143715 BRIGHAM MOORE, LLP 100 Wallace Avenue Suite 310 Sarasota, Florida 34237 Phone: (941) 365-3800 Facsimile: (941) 952-1414 Attorneys for Respondent Date: \- \x~- o \ 4 ACW. NDA l'rEJ~... FEB 1 3 2001 Folio ~001644400~ REVISED PARCEL 107-T A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUN. TY, FLORIDA, BEING MOl~E PARTICUL~-RL%~ DESCRIBED AS FOLLOWS: COMF~ENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00a43'01" W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FO]~ A DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHE;ST 1/4 OF SAID SECTION 24; THENCE RUN N. 00°35~09" W., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2329.67 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/~ OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF' THE NORTHEAST 1/4 OF SAID SECTION 24 AND THE POINT OF BEGINNING OF THE P~%RCEL OF LAND HEP~EIN DESCRIBED; THENCE RUN S. 88°21~35" W.,. ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENC~ RUN N. 00"35'09" W.; PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THk NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 88"20'15" E., ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00"35'09" E., ALONG THE EAST LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 332.81.FEET TO THE pOINT OF BEGINNING, CONTAINING 2.10 ACRES, MORE OR LESS. BEARINGS REFER TO A~ ASSUMED BEARIN~ OF S. 00"43'01" E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, P. ESERVATIONS OR P~ESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES &'ASSOCIATES] INC. Thomas J. Ga~ris State of Fla. ~13~ ~,~-4~? EAX {813] 4~1-101S FAX [au} 992.~27 EXHIBIT 'A¸ D FEB 13 2001 13g. ~7 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN DUNCAN v. COLLIER COUNTY, CASE NO. 99-1843-CA-HDH, NOW PENDING IN THE TWENTIETH JUDICAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $150,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PREJUDICE. SAID $150,000 SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS. OBJECTIVE: That the Board of County Commissioners approve the settlement in Duncan v. Collier County, Case No. 99-1843-CA-HDH, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice. Said $150,000 settlement was arrived at during settlement negotiations. CONSIDERATIONS: On December 28, 1996, Plaintiffs, husband and wife, were traveling westbound on Vanderbilt Beach Road when a Collier County Park Ranger pick- up truck, operated by a Park Ranger, "proceeded to turn left into the path of plaintiffs' automobile." The Park Ranger stated that she did not observe the plaintiffs' automobile and when she did see the automobile she "hit the gas to avoid the car". The Ranger was making a turn from Ocean Boulevard, which is controlled by a stop sign. Plaintiff, Alyce Duncan, was a passenger in the front seat of the automobile wearing her seatbelt. As a result of the accident, she had a complete tear of the rotator cuff of the right shoulder, which resulted in her having rotator cuff surgery on April 17, 1997. On October 23, 1997, she had a left breast biopsy and removal of fatty tissue, which her physician claimed was a result of this accident. Her doctor gave her a 5% loss of function of the right upper extremity and a 5% whole body impairment for the surgical procedures of her left breast. She also had cervical and lumbar strain/sprain as a result of the accident. Plaintiff, Robert Duncan, the driver of the automobile, aggravated a degenerative hip problem resulting in his having a total right hip replacement with a total left hip replacement to be performed shortly. He also had a core decompression of the right hip prior to the hip replacement. On September 18, 1998, a year prior to the hip replacement, he had a total left knee arthroplasty done, which again was causally related to this accident. He also had cervical strain/sprain injuries, but they were of a soft tissue nature. He was given a 15% loss of function of the right lower extremity of which 50% was attributable to the accident. Our IME doctor verified the causal relationship between the accident and the total hip replacements. He also had an aggravation of carpal tunnel syndrome, but it is not operable at this time because it is of a minor nature. There is approximately $55,000 of unpaid medical expenses, as well as a $31,000 Medicare lien. Based upon the foregoing, the case settled for $150,000 for both parties.11t"~~it~Mm FEB 13 2001 Pg ..../ direct responsibility for the first $100,000 and the remaining $50,000, plus approximately $8,700 in costs will be born by our excess carrier. Of course, said settlement is subject to Board approval. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: The settlement offer recommended by staff amounts to $100,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a much higher jury award. RECOMMENDATIONS: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: Wi~iar~ l~.'Mountfor~l'/ Assistant County Attorney Date: o(O- ~/- cP/' Reviewed and Approved by: David C. Weigel, County At~rney Reviewed and Approved by: ~ef~r~y ~a~e~', Director Risk Management Date: Date: ..2///~! H:Open Cases/Duncan/Executive Summary AGENDA ITEI~ NO. FEB 13 2001 EXECUTIVE S~Y Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi- family housing revenue bonds to be used to finance a qualifying apartment project. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority to be utilized for financing a qualified apartment project. CONSIDERATIONS: On December 12, 2000, the Board approved Resolution 2000-464, approving the issuance by the Housing Finance Authority of Collier County iSs multifamily housing revenue bonds in an amount not to exceed $4.8 million to finance the construction of a low/moderate income apartment project known as Brittany Bay. Copies of the Executive Summary that accompanied that Board action, and Resolution 2000-464 are attached hereto. As we have explained in the past, the Housing Finance Authority may only issue bonds for qualified housing projects if an allocation of the Federally- authorized state volume cap is obtained from the State Division of Bond Finance. The volume cap available to Collier County over the past few years has been about $4.8 million. In December, 2000, the Congress, as part of the federal budget package, increased the state volume cap for Private Activity Bonds. This had the effect of increasing the volume cap available locally for housing bonds to about $6.7 million. This increase became effective after the Board approved the $4.8 million issue on December 12, and therefore for the Authority to take advantage of the increase, a new resolution, reflecting the increased County share of the volume cap will need to be adopted. In practical terms, this increase means the developer of the Brittany Bay apartments will be able to do about 56 more units. In all other respects the project and the request are identical to the request in December. The project is consistent with the Growth Management Plan, is properly zoned, and no county land use approvals are necessary except for site plan and building permit approvals. C ',MyFiles~document,HOFA - Bntlany Ba}:',Brittany Bay Executive Summary02-13-01 wpd The Authority met on February 1 and adopted ~ replacement AGENDA ITEM Noo I PIt .........- approving resolution, a copy of which is attached to the proposed Board resolution. The attached resolution for the Board to adopt is identical to ResolUtion 2000-464 except for the increased amount. As are all revenue bonds of this type, these bonds are based solely on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any other revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. These bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the statutes creating the Authority declare that the creation of such housing is a public benefit to the citizens of the state, and the issuance of bonds is declared to be for a public purpose. The issuance of these Bonds will have no impact on the ability of the County to issue "bank qualified" debt. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management impact. On the other hand, it will assist in providing affordable housing in Collier County, and the County is committed to assist in the creation of affordable housing by its Growth Management Plan. RECOMMENDATION: That the Board of Co~y res. otution. , // ~nald A. P~cckwor~h-, Counsel Housing Finance Authority of Collier County Commissioners adopt the attached Approved by: David C. Weigel, CoUnty Attorney -2- AGENDA ITEM FE8 13 200i Pg, ,. Naples Daily News Naples, FL 34102 Affi~vit of Publication Naples Daily News PICKWORTH, DONALD P.A. 5150 TAMIAHI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 58189137 Notice of Special Me State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither p~id nor promised any person, firm or cprporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/15 AD SPACE:116.000 INCH FILED ON:01/15/01 ........ ...... ........................... Sworn to and Subscribed before me t day of Personally known by me ~~' EXHIBIT A TO BCC RESOLUTION AGENDA ITEM F 9 3 2001 Notice of Special Meeting and Public Hearing Notice Is hereby given that the Housing Finance Au~mrlty of Coltier Court. tv (Me "Authar.~-) w~u et~'t~ar~.~. 1, 2001 at '3:38 P..~. In ~e CJ~ Martag- rS GonterenC~ · Room) ~1 ~, N~I~ City Hall, 735 E:lghth S~eet 34102 ~ha po~ose of receiving '. public corn. metals and hearing dis- cussion c~carnlng the prc~esed lssuanc~ of the AutharJty*s Jultlf_amlly Housing Revenue uonas to be ~se¢~ to finance the acquisition and canstruc- tian d the tallowing prat- Name of Pro|ec~. Brlffany Boy Apa~to merits '~ Initial Owne~, L~lBr~an? ..Bay Partners, Tax-exempt Financing Reauested $6,700,000 Number of unffs: 184 · Size of Site.* 9 Ac~es Location: West side of Collier BlvcL (CR 951), a~proxi- mateiv 3/4 mile Sou~ of IrnmoKalee Rd. ~nvll Interested persons are ~ to submit W~en comments or 'attend the hearlr~, elthe~ ~ersonallv or through their re~resen. tottve, and wgl be 'given ..an .a~o.rtunity t~ express me.r, ~wews concerning the project or the financ- Ing. A~yone desiring to rna~e w~ttten comments in oc~vonce of the hearing rr-~y send suc~ cornment~ to: Housing Finance Au- ttm~ffv of Collier Courfiv, c/o General Counsel ~ 5150 N. Tarnlarnl Troll, Suit~ 602, NoDles Flori- da 341~3 ' Wr~en comments re- ceive~ In advance of the he~rlng anti oral com- mem~ made at the hear- ing are for t~e cor~deratton at the Au- ~oritV and will nat bind the Authority. CoDles of the opplica- ' tion for financing are ovailoble for Inspection and copyIn~ at the office of rne General Counsel set forth ~Ove. SHOULD ANY PERSON DECID~ TO APPEAl_ ANY DECISION MADE BY THE AUTHORITY WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH HEARING i SUCH PERSON W LL NEED A RECORD OF · THE PROCEEDINGS AND, FOR THAT PUI~- POSE, SUCH PERSON MAY NEED TO ENSURE I THAT A VERBATIM RE- CORD OF THE PRO- CEEDING5 I$ MADE, WHICH RECORD IN- CLUDES THE TESTIMO- J NY AND EVIDENCE ~,gPON WHICH THE AP- I~F-.AL IS TO B~ BASED. JJ In accordance with the J [,merlcans with Dlsabill- I Jes Act, persons needing JJ ~aeclol accomrnodation I J3 1~3rticlp~fe in this hear- J J~g should contact Donald I J~. Pickworth, General J faunsel, at (941) 263-80~0 11o later than seven (7) J Jnvs 13riot to the hearing. I J This notice is given put. i Juant to 5ectlon 147(f) of J~e Internal Revenue · ~ode, as amended. /s Jonn T. Conroy, Jr. Chairman JUn. ~5 Ng, 174902~9 Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED THIS 13th day of February, 2001. (SEAL) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. Approved as to form and legal sufficiency: JAMES D. CARTER, Ph.D., CHAIRMAN David C. Weigel County Attorney AGENDA YI'£M FEO 1 3 2001 pg. t3~ heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and WHEREAS, it is ~intended that this Resolution shall constitute official action toward tke issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and cn behalf cf the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not tc exceed the lesser cf (a) $6,700,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement of even date herewith, in- one or more issues or series in an aggregate principal amount not tc exceed $6,700,000 for the purpose cf financing the Project described in such Preliminary Agreement. The Bonds shall be designated "Housing Finance Authority cf Collier County Multifamily Housing Revenue Bonds Series 2001 (Brittany Bay Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds.shall not exceed the rate permitted by law. C M~ Files d,~:urne~: HOI:A - Brm.-m) BaFBrman> Ba~ lnduc¢mcnt Resolution02-01-01 4. Recommendation for Approval t.o Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of AGENDA ITEM No. Ils L % 2001 RESOLUTION 2001-01 Execution Copy RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $6,700,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTIONAND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND BRITTANY BAY PARTNERS, LTD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, Brittany Bay Partners, Ltd. (the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not tc exceed $6,700,000 (the "Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution (the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle cr moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds tc the Company pursuant tc Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as 5he Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $6,700,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into the Preliminary Agreement dated November 27, 2000 relating to the issuance of the Bonds; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on February 1, 2001 which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differ' n~ ~r~A,~ ~ ~= AG£fiDA ITEM EXHIBITS TO BCC F[~ 13 2001 RESOLUTION This Resolution shall take effect immediately. ADOPTED this 1st day of February, 2001. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman ATTEST: /s/ Secretary -4- AGENDA ITEM F'~;~ 1 3 2001 Pg. the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel tc the Authority in connection with the issuance by the Authority of the Bonds. The firm cf Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general. credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to .the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. C ~.1} Files documc,lt',HOFA - B,ittaJn} Ba..,'.B,,~tany Ba.', ln,Jucerncnl RcsoluIion02-01~O AGENDA ITEM - 13 2o01 rs. 2 EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi- family housing revenue bonds to be used to finance a qualifying apartment project. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority to be utilized for financing a qualified apartment project. CONSIDE.~ATIONS: The Housing Finance Authority has considered requests by a developer of low/moderate income rental housing to issue its bonds to finance a qualifying apartment project. The project is consistent with the Growth Management Plan and is properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. Federal ta~ law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must approve the issuance of bonds. This hearing was held on November 27, 2000. There were no adverse public comments, and after considering the application and hearing a presentation by the developer, the Authority approved the issuance of the Bonds. A copy of the notice published in the Naples Daily News and the resolutkon of the Authority approving the bond issue is attached to the proposed County Commission resolution. The second requirement is that the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. The approval of this project does not mean that it will receive financing 'and actually be built. Under the rules for administering the state volume cap (which regulates the amount of tax-exempt private activity bonds that may be issued), Collier County will, at best, receive a limited allocation for 2001, and may receive no allocation at all. The Authority is attempting to work out an agreement with the other Housing Finance Authorities in Southwest Florida whereby we will receive an allocatiolL of a~ least C \MyFiles~,documenl',HOFA - Brittany Ba? ,Brlttan.~ Bay Execulive Summar) wpd DEC. 12 EXECUTIVE SUMMARY AGENDA ITEM No. I:£8 1 3 001 ,ll , (941) 263-8060 DONALD A. PICKWOl~TH, P.A. ATTORNEY AT LAW SUITE 602 NEWGATE TOWER 5150 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 34103 February 1,2001 FAX (941) 5c~8-1161 David Weigel, Collier County Attorney Collier County Attorney's Office Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 RE: February 13 Agenda; Collier County Housing Finance Authority- Approval of Bond Issue Dear David: I am enclosing the following documents for inclusion in the Februars.' 13, 2001 agenda: Executive Summary relating to approval of issuance of Housing Finance Revenue Bonds by the Collier County Housing Finance Authority. Resolution to be adopted by the Board of County Commissioners at the Board meeting of February. 13,2001 approving the bond issue (the "County Resolution"). Exhibits to the County Resolution consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and Resolution 2001-01, adopted by the Authority at the meeting of the Authority on Feb. 1,2001. As noted in the Executive Summary, this is the same issue as approved by the Board at its meeting of December 12, reflecting only the increased amount of authorized bonds due to the increases in allocation authorized by federal law subsequent to the Board's action on December 12. Since we have been placing these items on the Consent Agenda, I would request that this also be on Consent. These are the same material that were supplied to Ramiro at his meeting with Bill Reagan and myself. Please contact me immediately if there is any objection to the approval or the inclusion of this matter on the consent agenda. Thank you for your assistance in this, and if you have any questions or need furlher information, please contact me. Enclosures Very truly yours, Donald A. Pickworth AGE~{DA ITEM No. I(,.l ~i 2(101 $4.8 million. In order to receive the allocation, which is made on January 2, 2001, we must have the project approved and ready for submission on that date. As are all revenue bonds of this type, these bonds are based solely on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any other revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. These bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the statutes creating the Authority declare that the creation of such housing is a public benefit to the citizens of the state, and the issuance of bonds is declared to be for a public purpose. The issuance of these Bonds will have no impact on the ability of the County to issue "bank qualified" debt. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management impact. On the other hand, it will assist in providing affordable housing in Collier County, and the County is committed to assist in the creation of affordable housing by its Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution. Prepared by: Donald A. Pickworth, Counsel Housing Finance Authority of Collier County Approved by: {/rid C. Weigel, County Attorney -2- AGENDA ITEM No .... ! a, 13 2001 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $6,700,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2001 (BRITTANY BAY APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLTNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and poli.tic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on November 27, 2000 (the "Public Hearing") on the application of Brittany Bay Partners (the "Company") for the issuance of not exceeding $6,700,000 tax-exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the purposed project and to the issuance of the Bonds. C. After considering the application of the Company and the comments, if any, of members of the public regarding the project or issuance of the Bonds. the Issuer has adopted its Resolution 2001-01, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on he Bond bv reason 9[ their issuance. A{IEN D^. ITEM NO. 1 3 2001 EXECUTIVE SUMMARY APPROVE REPEAL OF COLLIER COUNTY ORDINANCE 74-3 ESTABLISHING THE GOLDEN GATE FIRE CONTROL DISTRICT MUNICIPAL SERVICE TAXING UNIT IN ITS ENTIRETY OBJECTIVE: The Budget Director desires to obtain Board approval for the repeal of the ordinance that established the Golden Gate Fire Control District Municipal Taxing Unit. CONSIDERATION: Ordinance No.74-3 was adopted by the Collier County Commission to prov!d~e fire protection in the Golden Gate unincorporated portion of Collier County. This service is no longer needed because fire protection is provided by Collier County. Although the Collier County Board of County Commissioners was designated as the governing body for this district, this entity does not function, has neither funding nor expenditures and needs to be terminated as an. existing entity so that it may be removed as a budget item. FISCAL IMPACT: The repeal will serve to simplify County budget preparation. GROWTH MANAGEMENT: This is purely a budgetary item and is not inconsistent Management Plan. with the County's Growth RECOMMENDATION: That the Board of County Commissioners approve the repeal of ordinance 74-3 in its entirety. Prepared by: /J.~cqu{~line Hubbard Robinson t0ssistant County Attorney Date: Reviewed and Approved by: Michael Smykowski, Budget Director Date: Reviewed and Approved by: Thomas W. Oliff, County Manager Date: AGENDA ITEM No. / FEB 2 ? 2001 Pg.__ / 1 ORDINANCE NO. 2001 2 3 AN ORDINANCE REPEALING IN ITS ENTIRETY, 4 COLLIER COUNTY ORDINANCE NO. 74-3, THE GOLDEN 5 GATE FIRE CONTROL DISTRICT MUNICIPAL SERVICE 6 TAXING UNIT; PROVIDING FOR INCLUSION IN CODE 7 OF LAWS AND ORDINANCES; PROVIDING FOR $ CONFLICT AND SEVERABILITY; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the Board of County Commissioners adopted Ordinance No. 74-3, that created the Golden 12 Gate Fire Control District Municipal Sewice Taxing Unit; and 13 WHEREAS, the Board of County Commissioners desires to terminate the Golden Gate Fire Control. 14 District Municipal Service Taxing Unit. 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 16 COLLIER COUNTY, FLORIDA that: 17 SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 74-3. 18 Collier County Ordinance No. 74-3, is hereby repealed in its entirety. 19 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 20 The provisions of this Ordinance shall become and be made a pan of the Code of Laws and Ordinances 21 of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish 22 such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 23 SECTION THREE: CONFLICT AND SEVERABILITY 24 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 25 applicable law, the more restrictive shall apply. If any phrase .or portion of the Ordinance is held invalid or 26 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 27 independent provision and such holding shall not affect the validity of the remaining portion. 28 SECTION FOUR: EFFECTIVE DATE 29 This Ordinance shall be effective upon filing with the Florida Department of State. 30 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, 31 this day of ,2001. 32 ATTEST: BOARD OF COUNTY COMMISSIONERS 33 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 BY: BY: Attest as to Chairman's Signature only. Approved as to form and legal sufficiency: J ~c~uelin~ Hu bbar~t'l~obinson A~istant IEounty Attorney h :/otdinan cc~/jhr/Repeal - F~rc Control D~stnca Jarties D. Carter, Ph.D., Chairman AGENDA ITEM No._ ___/_ 7 ,q FEB 2 7 2001 Pg._ ~, ,, Page 1 of 1 o[~,~, ~t~.. ?~,..:j.,'~..~;;. :..-.. · .' · Is" ; ...... ---~ .4 ~' "'d.,' :" .~.?~,.:.~,~.,',;.,,. ,'.,.?.'.. .. ..~ · - . .~, ~e ~ '& " ' ' ";~ 7' '~V~'. , · s y. ~,( .. ).; .~ . . ...,. '. ~:,~ ~ %"~:~' ..??· . . , , . : ,,I..<%"' :. ' ~ · * ..:, .. , ...' ~s. ~.i.' '. · e - :~- ~%.. ' 9~e~on 3. ~tn Bo~o~nK b~rd sh~11 b'~'"~he Bof=~ o~ ~y . d~nt:r(~t, 1~n ~unzd nhGll havn ' " the l~e~4.o~ ~Cy ~Lea~onatd ~.~o Sezvs.at ae '; L, .../LFImageDisplay.exe?doc=8625&page=0&fit= 1 &xlen=640&ylen= 1000&xsource=, .... --A~-ND~ ITEM No. FEB 27 2001 Pg._ .~ Page I of 1 ' L~ hu;~r¢l .11~Z2 ~rmukl:.¥ mp]c~ al~ Ll:a~zod aNe:L3,'lal;a o~ 1:1,1o 1~ak~TLK_fll~d ~k)~t.nl] ~h~ ~C~O~.~?~ '~G~on ~Off ~Ou~7 ~uffp~so~, one m~L L~ &~xY one yo4~ · .. ,~ ....'~,.~.. , : ' 'O~'Cha dLf~f,A~ a~d le~Cn$ o% ~m, Ctxem,~p ~ an~ nw~ .$Xp~dL~ ~m ' '4 ~L at ~n aZ~ct~ co b~ ~14 aao~d~nff,~.~m appl~omb~m lava oZ . · . .'.." .... '~?'~.~..'~. ,...." . .... ,.,. :. , ' ' :,..:.- '~0~ ~ ~',,~ .' - .~. · 7....:,~,:~,~: 5t;t~-:~ r . . .' ,~ ' · , , .' :., . : ' ~.y. ,. . · ~l, ~D~%~ . -,,. ' ....... : a?.-' .... .. ', · - .'., ' '.. '""*:.~i. '": i"> .....' ~ ' ' , h' L., ..~,;' a.i.'~I...%.... '.: .'.. , ' ' .',' .., ,,,~ ":. ". -~l~Xe~..~mty A~eo~ .... ~ane mn~ ~m~ad c~[a :~ .'/'~. ~'.: ' . .../LFImageDisplay.exe ?doc =8625&page= 1 &fit= 1 &xlen=640&ylen= 1000&xsource: AGENDA ITEM No. /.~tg. FEB 27 2001 pg._ 4 Page 1 of 1 65.77 1.1o .../LFImageDi splay.exe?doc=8625&page=2&fit= 1 &x len=640&ylen= 1000&xsource=~ AGENDA ITEM FEB 2 7,...2001 Pg- ~ ~35'8~I711/2 1'00 EXECUTIVE SUMMARY APPROVE REPEAL OF COLLIER COUNTY ORDINANCE 75-9 THAT CALLED FOR A REFERENDUM TO ESTABLISH THE COLLIER COUNTY FIRE CONTROL DISTRICT ONE IN ITS ENTIRETY OBJECTIVE: The Budget Director desires to obtain Board approval for the repeal of the ordinance that called for a referendum to establish the Collier County Fire Control District One. CONSIDERATION: Ordinance No.75-9 was adopted by the Collier County Commission on February 18, 1975 to provide for a referendum that was to be held on March 25, 1975 to approve the provision of fire protection in the unincorporated portions of Collier County that had no fire protection. This service is no longer needed because fire protection is provided by Collier County with the ability to levy ad valorem taxes of one (1) mill. Although the Collier County Board of County Commissioners was designated as the governing body for this district, this entity does not function, has neither funding nor expenditures and needs to be terminated as an existing entity so that it may be removed as a budget item. FISCAL IMPACT: The repeal will serve to simplify County budget preparation will permit the deletion of this matter as an existing ordinance. GROWTH MANAGEMENT: This is purely a budgetary item and is not inconsistent management Plan. with 'the County's Growth RECOMMENDATION: That the Board of County Commissioners approve the repeal of ordinance 75-9 in its entirety. Prepared by: ubbard Robinson x-3/ssistant County Attorney Reviewed and Approved by: /"L.~ .~.~-.~5.,_~/ . ' ..........Date: Michael Smykowski, Budget Director Reviewed and Approved by: Thomas W. Oliff, County Manager Date: AGENDAITEM No. /7~ . FEB 27 2001 Pg., I 1 2 3 4 5 6 7 8 9 10 1! ORDINANCE NO. 2001 AN ORDINANCE REPEALING IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 75-9, THE COLLIER COUNTY FIRE CONTROL DISTRICT ONE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 75-9, that created the Collier 12 County Fire Control District One; and 13 WHEREAS, the Board of County Commissioners desires to terminate the Collier County Fire Control 14 District One. 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 16 17 COLLIER COUNTY, FLORIDA that: SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 75-9. 18 Collier County Ordinance No. 75-9, is hereby repealed in its entirety. 19 SECTION Two: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 20 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances 21 of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish 22 such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 23 SECTION THREE: CONFLICT AND SEVERABILITY 24 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 25 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or 26 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 27 independent provision and such holding shall not affect the validity of the remaining portion. 28 SECTION FOUR: EFFECTIVE DATE 29 3O 31 this This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, __ day of 2001. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Attest as to Chairman's Signature only. Approved as to form and legal sufficiency: BY: James D. Carter, Ph.D., Chairman ~_~que[i~,e Hubb~rd~obinson ' A/;sista~ County Attorney h:/ordinanccs/jhr/Rcpcal-Firc Control D~smct AGENDA ITEM No.___J_.7 e _ FEB 2 7 2..OOl Pg._ Page 1 of 1 'A[ s~kto~ad ~eH~ i~d si~l I p~t.hmo~. .../LFImageDisplay.exe?doc=8572&page=0&flt= 1 &xlen=640&ylen= 1000&xsource=~ AGENDA ITI~M .... No. / 7~ FEB 27 2001 Pg._ 3 ._ Page 1 of 1 r ) .../LFImageDisplay.exe?doc=8572&page=l&fit=l&xlen=640&ylen=lOOO&xsource=: AGENDA ITEM FEB 2 ? ~OOl PR._. Page 1 of 1 m 4 p AGENDAITEM No. FEB 27 2001 Pg._ 5" .../LFImageDisplay.cxe?doc=8572&page=2&fit= 1 &xlen=640&ylen= 1000&xsourcc=2656&y~, 1/11/2001 ILL Pag~ 1 of 1 d AGENDA r:I:EM No. /._?___~ FEB 2 7 2001 Pg.__~ /- .../LFImageDisplay.exe?doc=8572&page=3 &fit= 1 &xlen=640&ylen= 1000 &x sou rce =26~'~i-/'i~/~'~-- Page 1 of 1 m 4 , AGENDA ITEM No._ 173 FEB 2 7 2001 Pg- 7 .../LFImageDisplay.exe?doc=8572&page---4&fit=l &xlen=640&ylen- 1000&xsource=2680&y~,1/l 1/2001 EXECUTIVE SUMMARY PETITION R-2000-07 D. WAYNE ARNOLD, AICP OF Q. GRADY MINOR & ASSOCIATES REPRESENTING HOSPICE OF NAPLES, INC., REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATIONS OF "A" RURAL AGRICULTURAL AND RMF-6 RESIDENTIAL MULTI-FAMILY TO "CF" COMMUNITY FACILITY DISTRICT. THE SUBJECT 10.71 ACRES PROPERTY CONSISTS OF TWO DEVELOPED PARCELS, ONE WITH THE CURRENT HOSPICE FACILITIES AND THE OTHERONE WITH A SINGLE FAMILY RESIDENCE.THE SUBJECT PROPERTY ISLOCATED ON WHIPPOORWILL LANE (1095 AND 1205) OFF PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider a request for a rezoning of land from its current zoning classifications of "A" Agricultural and "RMF-6" Residential Multi- family to "CF" Community Facility for existing Hospice facilities, while maintaining the community's best interest. CONSIDERATIONS: The Hospice of Naples provides help and comfort for terminally ill patients and their families. The property is zoned "RMF-6" Residential Multi-Family. A Conditional Use granted by the County in 1991 (PU-90-27) allowed the use of the land for the hospice activity. Today they own an 18000+ square feet building. Over the years they have amended the Conditional Use to expand. At this point they are planning to add a few thousand square feet of building addition to accommodate a conference room and training rooms for their staff. This petition is to rezone the property along with a 5-acre parcel zoned "A" Agricultural located directly to the south of the existing facilities to "CF" Community Facility. This rezone will allow the Hospice to expand to meet the growing demand for their services. It is important to note that around 4-acres of the five acre parcel is occupied by a lake, which will limit the expansion of this operation even further. The existing "CF" use with the proposed expansion will result in 152 trips per day. FISCAL IMPACT: This is an institutional development. They intend to build a 6,000 square feet addition; the following Impact Fees will be applicable to this project: 1 AGENDA ITEM NO. FEB 1 3 2001 Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Building Code Administration Total $22,578.00 $2,948.00 $1,800.00 $ 6,545.00 $300.00 $300.00 $34,471.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community developmen',' review process. Whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. GROVVTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Urban designation permits a variety of non-residential uses, including Community Facilities such as group care facilities. ENVIRONMENTAL ISSUES: The applicant is not proposing any impacts to any environmentally sensitive area on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review R-2000-07 and forward it to the BCC with a recommendation for approval. 2 AGENDA ITEM No. FEB 1 3 2001 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: There were no environmental issues involved with this request; therefore, this petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on January 4, 2001 and by a unanimous vote recommended approval. No one spoke against this petition, and no calls or letters in opposition to this petition were received by the reviewing staff. 3 AGENDA ITEM No. FEB 13 2001 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE iONNVI EWED BY: DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: R-2000-07 This petition is tentatively scheduled for the February 13, 2001 BCC meeting. 4 FEB 13 2001 AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION December 8, 2000 R-2000-07 OWNER/AGENT: OWNER: OFFICERS: Hospice of Naples, Inc. 1095 Whippoorwill Lane Naples, FL. 34105 Diane S. Cox, CEO; Liana Buysse, Chair; Edwin J. Putzell, Jr., Vice-chair Robert P. DiBenedetto, Treasurer; Lois Phelps, Secret=o/; Philip Cole. AGENT: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL. 34134 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "A" Rural Agricultural and "RMF-6" Residential Multi-Family Zoning Districts to "CF" Community Facility District. GEOGRAPHIC LOCATION: The subject property is located on Whippoorwill Lane (1095 and 1205) off Pine Ridge Road in Section 18, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 11.6 acres. PURPOSE/DESCRIPTION OF PROJECT: 1 FEB 13 2001 The Hospice of Naples provides help and comfort for terminally ill patients and their families. The property is zoned "RMF-6" Residential Multi-Family. A Conditional Use granted by the County in 1991 (PU-90-27) allowed the use of the land for the hospice activity. Today they own an 18000+ square feet building. Over the years they have amended the Conditional Use to expand. At this point they are planning to add a few thousand square feet of building addition to accommodate a conference room and training rooms for their staff. This petition is to rezone the property along with a 5-acre parcel zoned "A" Agricultural located directly to the south of the existing facilities to "CF" Community Facility. This rezone will allow the Hospice to expand to meet the growing demand for their services. It is important to note that around 4-acres of the five acre parcel is occupied by a lake, which will limit the expansion of this operation. SURROUNDING LAND USE AND ZONING: Existing: Hospice facilities, zoned RMF-6, with a Conditional Use, and single family residence, zoned "A" Surrounding: North- Vacant, zoned "PUD"(Commercial). East -Vacant, zoned "PUD"(Residential). South- Single family residence, zoned "A" Agricultural. West- Vacant zoned "A". GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Urban designation permits a variety of non-residential uses, including Community Facilities such as group care facilities. Transportation Element: The proposed "CF" use with the proposed expansion will result in 152 trips per day. Based on this date, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any County Road within the project's radius of development influence (RDI). In addition, this project will not lower the level of service below any adopted LOS "E" standard on Pine Ridge Road. Therefore, this project is deemed consistent with the policies 5.1 and 5.2 of the Transportation Element. The current traffic count for this segment of Pine Ridge Road is 39,025 ADT and is operation at LOS "F". Since this segment of Pine Ridge Road is currently being constructed as a 6-lane facility, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. Sewer and water: Water and sewer will be available to this site. 2 FEB 13 2001 Drainaqe: Water management requirements will be addressed at the time of SDP review and approval. Such approvals will be made consistent with Collier County drainage requirements. Open Space: Thirty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC at the time of $DP required approval. Conservation' Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staffs review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, INFRASTRUCTURE: TRANSPORTATION AND The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the 3 FEB 13 2001 Transportation Division staff. This petition was administratively reviewed on behalf of the EAC and staff recommended approval. CRITERIA EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructu 'e, other infrastructure, and compatibility with adjacent land uses, a consideration usual y dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically rioted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, ~n the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) Relationship to Future and Existinq Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action having the effect of rezoning approximately 10.71 acres to Community Facility "CF" will be consistent with the provisions of the FLUE. 4 'AC.~qDA ITEM FEB 13 2001 Compatibility: The subject property is adjacent on the north side to a two commercial PUDs. This rezone to Community Facility will provide a transition from the commercial zoning to the residential land use on the south side of the property. Timing: Clearly the timing of a rezoning action is present when the land is impacted with nearby commercial zoning district, an arterial roadway and it is capable of being served by sanitary sewers and potable water supplies. Traffic: The site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards wi'~hin the project's radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TE. Infrastructure: The site will be served by the Collier County water and sewer system. Availability letters and construction plan approval from the Collier County Utilities Department shall be provided prior to final Site Development Plan approval. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R-2000-07 to the BCC with a recommendation for approval for rezoning this property from "A" Agricultural and "RMF- 6" Residential Multi-family to "CF" Community Facility zoning district. 5 ACtA ITF~ No. FEB 13 2001 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ',E IE D BY: ,'~L~I~'~i-NO, AICP, MANAGER :URRENT PLANNING SECTION R~ULHERE, AICP, DIRECTOR PLANNING SERVICES DATE DATE APPROVED BY: ADMINISTRATOR DATE & ENVIRONMENTAL SERVICES DIVISION Petition Number: R-2000-07 Staff report for January 4, 2001 CCPC meeting. This petition has be tentatively scheduled for the February 13, 2001 BCC meeting. 6 FEB 13 200] ... /./ REZONE FINDINGS PETITION R-2000-07 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: It is the opinion of the Planning Services that a rezone to "CF" will be in compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone to CF will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: Hospice facilities, zoned RMF-6, with a Conditional Use, and single family residence, zoned "A" Surrounding: North- Vacant, zoned "PUD"(Commercial). East -Vacant, zoned "PUD"(Residential). South- Single family residence, zoned "A" Agricultural. West- Vacant zoned "A". 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is large enough that it will not constitute an isolated district unrelated to adjacent and nearby districts. Con: None. 1 FEB 13 2001 Summary Findings: This property is of a sufficient size that this rezone will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and consistent with the GMP. Con: None. Summary Findings: There are commercial lands to the north of this project. This rezone, if approved, will act as buffer between the commercial properties to the north and residential lands to the south.. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. ProlCon: Evaluation not applicable. Summary Findings: The proposed change will not adversely influence living conditions in the area because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments, Recommended mitigation action should serve to ameliorate impact on adjacent residential properties. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 2 FEB 13 2001 Pro: I-An action to rezone the property as requested is consistent with all applicable transportation elements. II- The property is located within a providing an immediate highway project is defused. 1000 feet of arterial roads thereby system over which traffic from this Con: Urban intensification results in greater volumes of traffic on the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent a statement advising that this project when developed will not excessively increase traffic congestion. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. 3 FEB 13 2001 Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous land. Con: None. Summary Findings: This is a subjective determination based upon factors, which may be internal or external to the subject property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. ProlCon: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 4 ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. ProlCon: Evaluation not applicable. Summary Findings: A policy statement, which has evaluated the scale, density and intensity of land uses, deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. 5 FEB 13 2001 Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. 6 A~A ITEM FEB 13 2001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.71z ACRES: PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. ~q-IEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P. A., representing Hospice of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "RMF-6" Residential Multi-family district and "A" Agricultural District to "CF" Community Facility District and the Official Zoning Atlas Map numbered 9618N, as described in Ordinance 91-!02, the Cellier County Land Development Code is hereby amende8 accordingly. The herein described real property is the same for which the fezone is hereby approved. &~A IIF. M FEB 13 2001 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DLrLy ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY MAR~I~IiE-M. STU~DENT ASSISTANT COUNTY ATTORNEY G/admin,'R-2000-7/CB/cw AGE. I'~A ITEM FEB !3 2001 Hospice of Naples Proposed Community Facility Rezoning Legal Description The North ~/2 of the North V2 of the North V2 of the Southeast 1/4 of the Northwest '/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. And The South 60 Feet of the East 1/2 of the Northeast I/4 of the Northwest I/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. And The South 1/2 of the North 1/2 of the North 1/2 of the Southeast 1/4 of the Northwest '/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Consisting of approximately 10.7 l+acres. R-2000-07 --- EXHIBIT "A" -- AGENDA FEB 13 2001 00- Petition Number Date O7 APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONOITIONAL PUBLIC HEAmNG BEFO~ COLLIER COU~[~ COMMUNITY OE~LOPMENT D~SION N~e of Applic~t(s): Hospice of Naples, Inc. Applicant's Mailing Address: 1095 Whippoorwill Lane City: Naples State: FI Zip: 34105-3847 Applicant's Telephone Number: 941-261-4404 Is the Applicant the owner of the subject property? X Yes [~] No a) If applicant is a land trust, so indicate and name beneficiaries below. X b) c) d) e) If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. Hospice is a 501(c) (3) Corporation. Officers are listed below. If applicant is a parmership, limited parmership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Diane S. Cox, President/CEO 1095 Whippoorwill Lane Naples, F! 34105 Liana Buysse, Chair 989 Aqua Circle Naples, F! 34102 Edwin J. Putzell Jr., Vice-Chair 1285 gulf Shore Blvd. North Naples, Fl 34102 Robert P. DiBenedetto, Treasurer 5147 Caste!1o Drive Naples, FI 34103 Lois Phelps, Secretary 7557 Cordoba Circle Naples, FI 34109 Philip W. Cole 393 Springline Drive Naples, F! 34102 (If space is inadequate, attach on separate page.) 5/6/99-30350 V~ 01!-GLombatd Z5555-555-555-0000 FEB 13 2001 2. Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates Agents Mailing Address: City: Bonita Springs Agent's Telephone Number: 3800 Via Del Rey State: Florida Zip: 34134 (941) 947-1144 or Fax: (941) 947-0375 Name of Agent: David Corban, AIA Firm: Architectural Network, Inc. Agents Mailing Address: 837 5* Avenue South, Suite 202 City: Naples State: Florida Zip: 34102 Agent's Telephone Number: (941) 434-5800 or Fax: (941) 434-0208 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separable legal description for property involved in each district. If property is odd-shaped, submit copies of survey (l"to 400' scale). Please see attached separate legal description and boundary_ surveys THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICA'£ION SHALL BE REQUIRED. SECTION: 18 TOWNSHIP: 49 S RANGE: 26 E Size of Property: 390 fl. x 1296 Address or location of subject property: Acres: 11.6+ 1095 and 1205 Whippoorwill Lane 6. Existing Land Elevation: 10'-13' County Flood Criteria Elevation: Zone X 7a. Date subject property acquired X July 2000. or leased [-~; August 1990 and 7b. If Petitioner has option to buy, indicate date of option: and date option terminates: 5/6/99-303~0 Vet Ol!-4~Lombatd Z5555-555-555--0000 -2- ITEM FEB 2001 Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Not applicable. This application is intended to cover: (Check which type of petition you are requesting): X A. Rezoning: Present Zoning: A and RMF-6 Requested Zoning: CF for: Group Care Facility (Hospice and related facilities) [~ B. Conditional Use: Zoning for: of: 10. Reason why application should be approved. (Attach additional sheets if necessary.): Please see attached zoning justification. 11. Is proposed use prohibited by deed restrictions.9 ~ Yes X If yes, provide copy of the deed restrictions. No 12. Is this request a result of a violation?E~] Yes X No If so, to whom was the notice served? 13. Has a public hearing been held on this property within the last year? No If so, in whose name? 14. Are there existing structures on the property? Yes, approximately 16,000 sq.ft. Hospice facility and single-family residence. TYPE: CBS X, FRAME [--], MOBILE HOME ["~, OTHER 5/6/0q-30380 Ve~ OU..GLomberd -3- ITEM FEB13 2001 Zoning Justification Hospice of Naples The proposed zoning change from RMF-6 with conditional use for group care facilities and A, Rural Agricultural to CF, Community Facility is consistent with the Future Land Use Element of the Growth Management Plan. The Urban Mixed Use Residential land use designation permits a variety of non-residential land uses, including community facilities such as group care facilities. The Hospice of Naples is currently located on the north 6.69 acres of the subject 11.6 acre site. The Hospice received conditional use approval in 1991 which authorized construction of the existing Hospice facility. Due to the increasing demanc for Hospice services, Hospice of Naples purchased the adjacent 5 acre agricultural property to allow for expansion of the services offered, including audiovisual and training facilities. The southernmost 5 acre agricultural tract is developed with a single-family home on approximately 1 acre, with the balance of the site consisting of a lake which is the product of an abandoned earth mine. This lake is shared in common with the existing Hospice facility to the north and the undeveloped residential property to the south. The Whippoorwill Lane area has seen a significant increase in zoning actions over the past two years due in part to Whippoorwill Lane's connection to Pine Ridge Road at an Interstate Activity Center. Further, Collier County has recently announced that Whippoorwill Lane will be extended to the south and to the west to connect to the new extension of Livingston Road. The existing Hospice of Naples preceded the recent zoning activity. The existing facility is an extremely innocuous land use which has not deterred new residential development from locating in close proximity. A proposed planned residential development known as Whippoorwill Lakes is located immediately east of the subject property and just south of Whippoorwill Lakes is the approved Whippoorwill Woods PUD, which consists of nearly 500 residences. The property immediately north of the Hospice facility, abutting Pine Ridge Road, recently received commercial zoning approval by the Collier County Commission. An expansion of the facility will create no new impacts to surrounding properties. The Hospice is planned to contain less than one dozen beds for on-site occupancy. Hospice has seen u'emendous increases in demand for its services, especially in the area of in-home care. Traffic to and from the site will largely be related to in-home nursing training and volunteer efforts related to patient care. The Hospice represents a low intensity and residential compatible land use. The proposed CF rezoning will be consistent with existing and proposed development in the Whippoorwill Lane area. Development standards established for the CF zoning district are appropriate for insuring compatibility with nearby residential development. ITEM FEB 13 2001 AFFIDAV![T I, Diane S. Cox, being first duly sworn, depose and say that I am the authorized owner representative of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. Signature of Owner Representative Diane S. Cox, CEO Signature of Agefit D. Wayne Arnold,/M~ ~ignamre of Agent David Corban, AIA STATE OF FLORIDA COUNTY OF COLLIER The foregoing Applicatio~n was acknowledged before me this of _ _~2,~D~7-f,~ ~,~ ,' ,2000,_by ~1~ ~ is perso~ly ~o~ to me or who h~ produced ~ identification ~d who did (did not) t~e ~ oa~. (Silage ofNo~ ~bJi~ ....... ~ ~ CO~ · CC 696741 ~ ~ ~R~ NOV 16, 2~1 day who ~'&~9.30,110 V,m: 01 -4- AGENDA IT~ FEB 13 2001 Maureen K. Kenyon From: Sent: 'to: Cc: Subject: brock_m [MaryBrock@colliergov.net] Thursday, February 08, 2001 2:50 PM Maureen K. Kenyon; Ellie J. Hoffman bodine_j Item 17D Maureen and Ellie, I heard back from Connie (Community Development) and she said Item 17D is o.k. where it is under Summary Agenda - she spoke with John Dunnuck (Acting Administrator) and he advised her to leave it where it is. Let me know if l can do anything else. Thanks, Mary-Jo EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.755 "LONGAN LAKES TWO COMMERCIAL EXCAVATION" LOCATED IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH BY IMMOKALEE ROAD, ON THE SOUTH BY VACANT LAND ZONED AGRICULTURAL, ON THE WEST BY OOCCUPIED LAND ZONED AGRICULTURAL / MOBILE HOME OVERLAY, AND ON THE EAST BY THE MAIN GOLDEN GATE CANAL AND THEN SPARSELY POPULATED LAND ZONED ESTATES. OBJECTIVE: To issue an excavation permit to Big Island Excavating for the project known as "Longan Lakes Two Commercial Excavation" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: This item was heard by the Board of County Commissioners (BCC) on 23 Jan 01 as Conditional Use (CU) #2000-11. The CU was approved unanimously by the BCC with stipulations as enumerated herein. The Land Development Code requires that all commercial excavation permits be approved by the BCC. The Petitioner has proposed to expand an existing 82 acre excavation by 105 acres resulting in a 187 acre lake on approximately 213 acres of agricultural land. The excavation will be to the maximum depth permitted by the fetch formula, which is about 56 feet. The 10 million cubic yards of material generated will be hauled offsite for use as drainfield and house pad fill, road base material, and possibly for beach renourishment. FISCAL IMPACT: The Community Development Fund, Development Services (113) has or will receive $3850.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 3000.00 $ 385O.00 TOTAL FEES GROWTH MANAGEMENT IMPACT: None. A security in the amount of $500,000 has been posted for the existing excavation. This is the maximum allowable amount. Road impact fees will be computed at the time of permit issuance, but were estimated in the CU as $1500 for the initial one-year phase. AGENDA ITEM No. !'q 1 FEB 13 2001 Pg. ,., t ENVIRONMENTAL ISSUES: The site of the excavation expansion is an existing orange grove. The finished lake will be at the northern terminus of the Main Golden Gate canal. The petitioner plans on tying the lake to the canal and to a small lake on the other side of the canal, with the concurrence of the SFWMD. That will create a "sink" into which water can be backpumped as aquifer recharge. Staff supports this idea. The petitioner has stated that he will have to blast to get through the rock layer that lies 25' to 30' deep. The thickness of the layer varies and the petitioner is willing to limit the number of times blasting will be allowed. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. BOARD OF COUNTY COMMISSIONERS APPROVED STIPULATIONS: Blasting is permitted subject to Division 3.4 of the Collier County Land Development Code (Explosives). In addition to the provisions of Division 3.4, the County shall notify, by letter, property owners within 300 feet, a minimum of 10 days prior to blasting. The petitioner shall pay for the expense of this notification. Blasting shall not be permitted within 90 days of the previous blast. 2. A required lake littoral zone planting area of 10% of the perimeter of the shoreline is required prior to final acceptance of the excavation by the Planning Services Director. Prior to final acceptance of the excavation by the Planning Services Director, a 20-foot maintenance easement around the perimeter of the lake shall be dedicated to Collier County with no responsibility for maintenance. Pursuant to Section 2.2.25.8.1 of the Collier County Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 5. Access to the site shall be via Immokalee Road only. 6. Hours of operation are regulated by Division 3.5 of the Collier County Land Development Code (Excavation). This earthmining operation shall be reviewed for compliance with the conditions of this Conditional Use and applicable provisions of the Collier County Land Development Code, by the Board of Zoning Appeals at its meeting of January 28, 2003, with biannual (every two years) review continuing for the life of the operation, unless such subsequent review(s) are waived by the Board of Zoning Appeals. 2 FEB 13 2001 8. Water pumps shall be muffled and encased in a protective housing prior to commencement of earthmining on the southern 102 acres. A betre, planted with Bahia grass and a minimum of 10 feet in height from natural ground elevation, shall be constructed along the western property line of the entire excavation prior to the commencement ofearthmining on the southern 102 acres. 10. A performance bond shall be posted in accordance with the provisions of Division 3.5 of the Collier County Land Development Code (Excavation). 11. OiT-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). PREPARE..D BY,,:, sTAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE R~7~t~T J. r, wrm~RE,-~ffcP- ' PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOHN ~. DUNNUCK, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. 3 DATE t ' FEB 13 2001 Pg. ~ COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an e~cavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. o Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy track loadings leaving the permit's property conform to the applicable weight restriction. o The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two FEB 13 2001 o Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. Do The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two FEB 13 2001