Agenda 03/27/2001 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 27, 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.
INVOCATION - Reverend Susan Diamond, First Christian Church
PLEDGE OF ALLEGIANCE
!
March 27, 2001
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENTAGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
A. February 27, 2001 Regular Meeting
B. March 2, 2001 Transportation Workshop
C. March 7, 2001 TDC Workshop
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming the month of April 2001 as "Conservancy
Volunteer Month". To be accepted by Ms. Kathy Prosser, President and
CEO of The Conservancy of Southwest Florida.
2)
Proclamation recognizing the Collier County Stormwater Department by
the South Florida Water Management District as the recipient of a $49,000
funding award. To be accepted by John Boldt, Director of Stormwater
Management.
3)
Proclamation proclaiming April 4, 2001 as "KICK BUTTS DAY" in Collier
County. To be accepted by: Mr. Bob Troesch - "Students Working Against
Tobacco".
4)
Proclamation proclaiming March 30, 2001 as "Cleveland Clinic Florida
Hospital-Naples Grand Opening Day". To be accepted by Mr. Fielding
Epstein, Administrator, Cleveland Clinic Florida Hospital-Naples.
B. SERVICE AWARDS
Five Year Attendees:
1) Reuben Marquez, Road and Bridge
2) Guy Hall, Domestic Animal Services
3) Bret Popma, Parks and Recreation
4) Marilyn Griffin, Parks and Recreation
Ten Year Attendees:
2
March 27, 2001
Sm
1) David Fitts, Wastewater
Fifteen Year Attendees:
1) Steve Ritter, Transportation
2) James Capps, Transportation
C. PRESENTATIONS
1) Recommendation to recognize Robert DeCamp, Program Supervisor, Parks
and Recreation Department, as Employee of the Month for March 2001.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Adopt Resolution opposing House Bill 949 and any other Legislation
proposed to rescind the eminent domain authority of Collier County or to
otherwise restrict or limit Collier County jurisdiction over local water and
wastewater utilities.
2) Petition recommendation to approve commercial excavation Permit No.
AR-444 "Creative Homes III Commercial Excavation" located in Section 16,
Township 48 South, Range 27 East, bounded on the north by vacant lot, on
the south by 35th Avenue N.W. right-of-way, on the west by vacant lot, and
on the east by vacant lot.
B. TRANSPORTATION SERVICES
C. PUBLIC UTILITIES
1) Review staff's progress report on the negotiations with Waste
Management, Inc. (WMI) and Immokalee Disposal Company (IDC), and
select the Board's preferred options, and then authorize staff to complete
the negotiations with WMI and IDC.
2) Update to the Board of County Commissioners on the capacity issues with
the North County Water Reclamation facility.
D. PUBLIC SERVICES
E. SUPPORT SERVICES
F. EMERGENCY SERVICES
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March 27, 2001
G. COUNTY MANAGER
1) THIS ITEM CONTINUED FROM 3/14101 BCC MEETING. Review of the
written and oral report of the BayshorelAvalon Beautification MSTU
Advisory Committee.
H. AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT - THESE ITEMS TO BE HEARD AT THE
CONCLUSION OF THE REGULAR AGENDA
Report on status of settlement negotiations in Collier County v. Marshall, Case
No. 99-2009-CA-TB, pending in the Twentieth Judicial Circuit Court
(prescriptive easement claim for Miller Boulevard Extension) and request for
Board direction.
Request for Board direction regarding Section 163.3215, FLA. Stat., verified
complaint from Vanderbilt Shores Condominium Association, Inc., Vanderbilt
Club Condominium Association, Inc., The Mansions Condominium
Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt
Beach and Bay Association, Inc., challenging the County's approval of SDP-
2000-108 for the Vanderbilt Beachcomber Resort as inconsistent with the
County's Comprehensive Plan.
Recommendation, pursuant to Collier County Resolution No. 95-632, that the
Board of County Commissioners authorize the office of the County Attorney
and the Risk Management Department to retain outside counsel to represent
an individual County employee sued in Ricketts v. Collier County, Case No.
2:01-CV-76-FTM-29DNF, United States District Court for the Middle District of
Florida, and waive the purchasing policy to the extent it applies to the
selection of outside counsel.
Closed attorney-client session pursuant to Section 286.011(8), Fla. Stat., to
discuss settlement negotiations and/or strategy related to litigation
expenditures in Kimberly D. Dalton v. Isle of Capri Fire and Rescue District, a
division of Collier County, a local county government, Case No. 99-534-ClV-
FTM-29DNF, pending in the U.S. District Court, Middle District, Fort Myers
Division.
E. THIS IS COMPANION ITEM TO ITEM 9.D TO BE HEARD IMMEDIATELY AFTER
ITEM 9.D. Request for Board direction regarding settlement negotiations and
litigation expenditures in the case of Kimberly D. Dalton v. Isle of Capri Fire
and Rescue District, a division of Collier County, Case No. 99-634-ClV-FTM-
29DNF, pending in the United States District Court for the Middle District of
Florida.
Closed attorney-client session pursuant to Section 286.011(8), Fla. Stat., to
discuss settlement negotiations and/or strategy related to litigation
expenditures in Maxie D. Holmes v. Collier County, a political subdivision of
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March 27, 2001
the State of Florida, Case No. 2:00-CV-262-FTM-24D, pending in the U.S.
District Court, Middle District, Fort Myers Division.
G. THIS IS COMPANION ITEM TO ITEM 9.F TO BE HEARD IMMEDIATELY AFTER
ITEM 9.F. Request for Board direction regarding settlement negotiations and
litigation expenditures in the case of Maxie D. Holmes v. Collier County, a
political subdivision of the State of Florida, Case No. 2:00-CV-262-FTM-24D,
pending in the United States District Court for the Middle District of Florida.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Health Facilities Authority.
B. Discussion regarding shellfish farming in Everglades City. Commissioner
Coletta.
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. COMMUNITY REDEVELOPMENT AGENCY
1)
THIS ITEM TO BE HEARD AT 1:00 P.M. Recommendation that the
Community Redevelopment Agency Board approve a resolution adopting
bylaws for the CRA and the local redevelopment advisory boards; appoint
the Immokalee Enterprise Zone Development Agency as the local
redevelopment advisory board for Immokalee; direct staff to advertise
positions for the Bayshore/Gateway Triangle Local Advisory Board to be
appointed by the CRA at a future meeting; and to elect a new Vice-
Chairperson.
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
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
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March 27,2001
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will be
removed from the Consent Agenda and considered separately.
COMMUNITY DEVELOPMEHT & ENVIRONMENTAL SERVICES
t) Execute satisfaction of lien established upon recording
reducing fine/lien in Collier County v. Homer Betancourt.
of an order
2)
Request that the Board approve a resolution providing for the
establishment of an Advisory Committee to provide input and assist staff
with the restudy of The Golden Gate Area Master Plan.
Petition CARNY-2001-AR-441, Peggy Ruby, Collier County Parks and
Recreation Department, requesting permit to conduct a carnival (Country
Jamboree) from April 6 through 7, 2001, on County-owned property at the
Vineyards Community Park site located on Arbor Boulevard.
4)
Request to approve for recording the final plat of "Cedar Hammock Unit
Three" and approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
s)
Request that the Board of County Commissioners approve an additional
Senior Planner position in the Comprehensive Planning Section, Planning
Services Department, and the accompanying amendment to the adopted
FY 01 County Budget.
6)
7)
Execute Satisfaction of Lien arising out of order imposing fine/lien in Code
Enforcement Board case entitled Collier County v. William E. and Beverly
M. Murphy.
Request to approve for recording the final plat of "Naples Elks Lodge
#2010".
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March 27, 2001
8)
Request to approve for :ecording the final plat of "Tre Tierra" and approval
of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
s)
Request to approve for recording the final plat of "Valencia Lakes Phase 1-
A" and approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
10) Final acceptance of water utility facilities for Glen Eagle cart barn.
11) Request to approve for recording the final plat of "Briarwood Unit Seven".
12) Request to approve for recording the final plat of "Briarwood Unit Nine"
and approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
13) Request to approve for recording the final plat of "Briarwood Unit Ten" and
approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security.
14) THIS ITEM WAS CONTINUED FROM THE MARCH 13t 2001 MEETING.
Request to approve for recording the final plat of "Jubilation" and approval
of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
B. TRANSPORTATION SERVICES
1)
Approve funding of four new vehicles within the Transportation Services
Division and approve budget amendments to transfer funds for the new
vehicles.
2)
Accept access and maintenance easements from the Fountains
Condominiums that will facilitate the County in maintaining an existing
drainage easement north of Rattlesnake-Hammock Road.
3)
Approve committee ranking of firms for contract negotiations for
Professional Engineering Services for Vanderbilt Beach Road. Collier
County Project No. 63051, CIE No. 24.
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March 27, 2001
4) Approve a policy allowing County employees to purchase monthly
bus passes through payroll deduction and that the County provide a
50% match as an employee benefit.
C. PUBLIC UTILITIES
1)
Approve Work Order PUED-MS-29 to Mitchell & Stark Construction
Company, Inc. for Royal Palm Irrigation Pump Station Improvements,
Contract 00-3087, Project 73916.
2)
Approve re-appropriation budget amendments for the North County
Regional Water Treatment Plant chemical feed piping replacement; Project
70890.
3)
Accept a utility easement from Imperial Golf Club, Inc. that will facilitate
the County in upgrading and improving an existing reclaimed water main,
Project 74015.
4) Approve budget amendment to recognize transfer of monies from Fund 001
- Parks and Recreation to Fund 195.
D. PUBLIC SERVICES
1) Award of Bid 00-3198 to Leo's Sod to renovate the ball fields at Golden
Gate Community Park.
2) Authorize the Collier County Public Library to submit an application for a
Library Services and Technology Act Grant, and authorize the Chairman of
the BCC to sign certification for the grant.
3) Approve a purchase agreement to allow for a walkway, bike path and green
space to be constructed for recreational purposes.
4) Approve one easement agreement to allow for a walkway, bike path and
green space to be constructed for recreational purposes.
s)
Approve a Limited Use License Agreement between the Board of County
Commissioners and the Naples Junior Chamber of Commerce, Inc.,
approving use of specified County-owned property for conducting a July
4t~ Fireworks Festival.
6) Authorization to combine two part-time positions to one permanent full-
time position.
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March 27, 2001
SUPPORT SERVICES
1) Request to recognize additional revenue in Cost Center 100130 and
approve a budget amendment to transfer funds to Operating Expenses.
2) Contract Amendment No. Two for RFP 97-2675, "Pre-Employment
Physicals and Drug Testing".
F. EMERGENCY SERVICES
Approval to enter an agreement with the Florida Department of Community
Affairs for the development of a terrorism annex to the Comprehensive
Emergency Management Plan and conduct an exercise to validate the
annex.
2)
3)
Approval of the amended collective bargaining agreement between the
Board of County Commissioners and the International Association of Fire
Fighters, Local 3670.
Agreement approval and adoption of resolution authorizing the acceptance
of said agreement between the State of Florida, Department of Community
Affairs and Collier County for funds to be used for shelter enhancement at
Gulf Coast High School.
G. COUNTY MANAGER
1) Approval of Budget Amendment Report - Budget Amendment #01-205;
#01-213; #01-226; #01-229.
H. AIRPORT AUTHORITY
I. BOARD OF COUNTY COMMISSIONERS
J. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
K. OTHER CONSTITUTIONAL OFFICERS
1) Approve payment of medical costs associated with Kevin Saunders from
General Fund Reserves.
L. COUNTY ATTORNEY
1) Approve the settlement providing payment by the Defendants to Collier
County in a special assessment lien foreclosure action entitled Collier
County v. Christina Davenport, et aL, Case No.: 96-2319-CA.
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March 27, 2001
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.
An Ordinance amending Collier County Ordinance No. 2001-03, the Collier
County Coastal Advisory Committee; amending Section Three, appointment
and composition, terms of office, attendance and filing of vacancies; providing
for conflict and severability; providing for inclusion in Code of Laws and
Ordinances; and providing for an effective date.
B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX
PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUD-2000-
19, George L. Varnadoe, ESQ., of Young, Van Assenderp, Varnadoe and
Anderson, P.A., representing Antaramian Capital Partners, LLC, requesting a
rezone from "C-4" to "PUD" Planned Unit Development to be known as
Sandpiper Village PUD, for a maximum of 180 multi-family dwelling units and a
maximum of 45,000 commercial and general office uses, and recreational
amenities, for property located on the south side of Tamiami Trail East (U.S.
41) in Section 11, Township 50 South, Range 25 East, Collier County, Florida,
consisting of 14.99+/- acres.
C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX
PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. V-2000-34,
Don Kirby and Susan Young Kirby, of Construction Courier Services,
representing Handy Food Stores Incorporated, requesting a variance of 20 feet
from the required 50 foot front yard setback requirement for a gas station
canopy and fuel pumps to 30 feet for property located at 2902 Lake Trafford
Road, Immokalee.
THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX
PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition V-
2000-36, Craig R. Stephens of Stephens Design Group representing Adco
Group requesting a 35 foot variance from the 50 foot rear yard requirement
when abutting a residential property, to 15 feet for a property located on
Railhead Boulevard and is further described as Lot 35, Railhead Industrial
Park, Collier County, Florida.
THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX
PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition
PUD-99-21, Mr. William Hoover of Hoover Planning, representing Lloyd G.
Sheehan, Trustee, requesting a rezone from "A" Agricultural and "GC" Golf
Course to "PUD" Planned Unit Development to be known as Castlewood at
Imperial PUD allowing for 34 residential dwelling units for property located on
March 2T 2~01
the north side of Imperial Golf Course Boulevard and approximately one-
quarter mile east of Tamiami Trail (US-41), in Section 14, Township 48 South,
Range 25 East, Collier County, Florida, consisting of 21.16 acres more or less.
THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX
PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Pud-98-
14(1), George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson,
P.A., representing Granada Shoppes Associates, Ltd., requesting a rezone
from "PUD" to "PUD" Planned Unit Development having the effect of
amending the PUD document and PUD master plan to add a hotel as an
authorized use and to reduce authorized retail and office space in lieu of said
175-room hotel, for property located on the southeast corner of U.S. 41 and
Immokalee Road (S.R. 846) in Section 27, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 39.23 +1- acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
il
March 27, 2001
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
March 277 2001
ADD: ITEM 16(A)15 - Recommendation that the Board of Collier County
Commissioners approve the Release of Purported Lien for Public Nuisance
- Resolution 98-308. (Staff request)
MOVE ITEM 16(B)3 TO 8(B)1: Approve committee ranking of firms for
contract negotiations for Professional Engineering Services for Vanderbilt
Beach Road. Collier County Project No. 63051, CIE No. 24. (Staff request.)
CONTINUE INDEFINITELY: ITEM 16(D)4: Approve one easement
agreement to allow for a walkway, bike path and green space to be
constructed for recreational purposes. (Staff request.)
. WI4EREA$,
T~ C~cy of Sauthw~at l~lm"i#~ i.~ ~ ~j~io~'~ lomdim~ non-p~o£it enWeonmem~nl
org~iz~tion; ~d,
Ir~l~i~ Fako~atche~ 5t~, ~lle 44e~, ~rth ~1~ ~te
And Bi9 C~ea$ Presee~; And,
T~e C~ffi ~ti~ly a$$ist~ with state and
r~t~ti~ ~ in the ~r~ater
~.~sly ~t~ their time ~
The ~o~"~ helpa ~hapo en~ronmental policy ia ~ovth Fl~*id~ b~ l~ti~il~tir~ ia
ia ad~itio~ to ploy~m) n kty roll ia en~roamtntal adv~o~y ~ ~t~cti~, ~e
WHEREAS, T~e
Adults And
W/4EREA$, ovee
a~ museum
Co~ 9ivers, special
coar~liaatar$, alafJce
WIqEREA$,
WHEREAS,
also
NOW THEREFORE, be
that the
County, Florida,
DONE AND ORDERED Tt4~$ ZYth
BOARD OF COUNT'Y
COLLIER COUNTY,
~_,~AME~. CARTER, Ph. O., Cl4AIRIAAN
-- AGENDA ITEM
MAR 2 7 2001
WHEREAS.
WHEREAS.
P~OCLAt~A TION
the Collier County 5tormwater tAanagement Deparlznent had
submitted an application for the Big Cypress Basin Cooperative
Water ~esou~es Pmojects:
the ~outh Florida Water Management D/strict has evaluated all
responses/n accordance with the criteria spec/fled in the
solicitation; amd,
after careful consideration of Collier County's application and
written proposal, the ~uth Florida Water ~ana~ment Dis~ict~
~view comm/~ee has ~e/ected ~oll/er ~oun~ a~ o~ of eight
p~jects for fundi~ in fiscal year ~I; and,
~outh Flor/da Water hlana~ement District/s present/n9 Collier
County w/th a check in the amount of $49,000 for fundhn3 of the
Gateway
NOW
Commissioners of
Water
fundirn3
D., CHA£R~A~
£ROCLAMA TION
WHEREAS. teen smoking is on the rise national/y, and has been reduced
the State of F/or/da. due to the "truth" campa/an; and.
$4/HEREAS. more than 4 m/f/ion k/ds aged 12-17 ore current smokers and
3. 000 young people become regular smokers each day; and.
WHEREA$~
the Centers for Disease Control predicts more than § million
young people under the age of 18 alive today w/ii die prematurely
from smoking-related diseases, un/ess current rates ore
reversed: and,
WHEREAS,
WHEREAS,
WHEREAS.
WHEREAS,
smoking-related illnesses a/ready kill more than 400. 000
Americans each year. represent/ma more deaths than from AIDS.
a/coho/, car acc/dents, murders, sa/c/des, drugs and f/res
combined: and.
many of and.
the youth of ~ll/er Courtly wilt m,, )~r ~te the tobacco
addiCtiVe rroducn ~ro~h ins,~t~u$ a~e~gOmpaians.· and.
the ~°ard of Collier Coun~ Commission.s ~':'.~'~tand up with
the` ~outh of this counW. 'D~ 5md~s Womb
TobacCo'~ in opposition to the advertisin9 of
tobacco products fo children.
NOW THEREFOR~ be it proc/aimed by the Board of
Coil/er ~'oOi~t~. Florida. that April 4, os
DONE AND ORDERED THIS 27~J~
BOARD OF COUNt/COMMISSIONER5
~b. CAR(I'ER, Ph.D., CHAIRMAN
AGENDA/~-[£M
HAP 2 7 00!
? g · ....~___ ...........
~HEREA$.
WHEREAS,
~VHEREA$,
~VHEREA$.
PROCLA~AA T-TON
Cleveland Clinic Florida Hospital- Naples, one of the newest
hospitals in Florida, is sdl'irn3 o new standard in patient care.
Our hospital blends state of the DrY technology with hotel-like
accommodations and, of course, world-doss healthcare to the
people of ~outhwest Florida; and,
we coil our philosophy "Hedin9 Ho~pi~di~/'; this revolutionom/
approach to core puts into practice our belief that a patient's
physical comfort and satisfaction facilitate the healin9 process:
and,
Cleveland Clinic Florida - Nap{es incorporates o progressive
approach to healthcare at a sitn31e medico/campus and ~hcludes
an e~ctensive array o£ healthcare resources at one rite; and.
/n add/t/on to our
part of The
most respected health,'are
C/eve/and clinic fac///~/ '
qua#~, ~on~ol standards.
F/or/da - Naples is
one of the oldest and
~ country, Each
own strict
NOW THEREFORE. be it proc/dined by the
Cailler County, Florida. thor/t~arch 30.
of
CLEVELAND CLINIC FL~IDA' HOSPITAL
GRAND OPENING DAY
and thaf
hospital
commun/~/
services.
to the
res/dents and
~fional healthcare
DONE AND ORDERED THIS 27th Day of A4arch 2001
BOARD OF COUNTY COI~I~I$SZONER$
COLLIER COUNTY, FLORIDA
A TTE$ T:
DIqIGHT E. BROCK, CLERK
J'AIAE$ D. CARTER. Pk. D.. CHAIR~/lAN
MAR 2 7 2001
EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE ROBERT DECAMP, PROGRAM SUPERVISOR,
PARKS AND RECREATION DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR MARCH
2001.
OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional
performance plus uniquely identifiable contributions which produce significant results for the
County.
CONSIDERATIONS:
Bob is a valued employee of the Parks and Recreation Department. Going beyond the call of
duty filling in for other staff members at times, Bob continues to keep the Fitness Center facility
clean and attractive for the public to enjoy. Always with a smile, he continually maintains his
positive attitude with fellow employees and patrons of the facility.
Bob is a customer orientated employee with a genuine concern for people. He has been a
contributing factor in the success and popularity of the Fitness Center. Bob DeCamp is a great
asset to both the Center and to Collier County.
FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
this award are available in the Department Budget Cost Center.
RECOMMENDATION: That Robert DeCamp, Program Supervisor, Parks and Recreation
Department, be recognized as the "Employee of the Month" for March 2001.
PREPARED BY: '*,--~' ~'~ ' ',\ ~i.' ~' "' DATE:
Manj:~o .~TOckl Executive Secretary, County Manager's Office
.... ~~ *-~ ~__~' DATE:
APPROVED BY: Thomas'W.Olliff,~.,u~y Manager
2001
EXECUTIVE SUMMARY
ADOPT RESOLUTION OPPOSING HOUSE BILL 949 AND ANY OTHER
LEGISLATION PROPOSED TO RESCIND THE EMINENT DOMAIN
AUTHORITY OF COLLIER COUNTY OR TO OTHERWISE RESTRICT OR
LIMIT COLLIER COUNTY JURISDICTION OVER LOCAL WATER AND
WASTEWATER UTILITIES
OBJECTIVE: That the Board declare its opposition to House Bill 949 and any other
legislation proposed to rescind the eminent domain authority of the County, or to
otherwise restrict or limit Collier County jurisdiction over local water and wastewater
utilities.
CONSIDERATIONS: On February 7, 2001, during a meeting of the Florida House
Committee on Utilities and Telecommunications, the committee received briefings from
investor-owned water and wastewater utility lobbyists and the Florida Public Service
Commission staff.
Utility and Franchise Regulation Department's retained special counsel for utility issues,
Mike Twomey, was in attendance and filed the attached report, warning that he expected
the industry to file legislation this year to divest the non-jurisdictional counties of their
water and sewer regulatory authority.
These briefings were the prelude to industry-sponsored legislation, House Bill 949,
intended to strip eminent domain powers from the 31 non-jurisdictional (self-regulating)
counties, including Collier County.'
Collier County's right of eminent domain is a necessary and required right of County
government to ensure the provision of safe and effi6ient utility service to some 15,000
County residents receiving water and/or sewer service from investor-owned utilities.
FISCAL IMPACT: There is no fiscal impact regarding this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
regarding this action.
RECOMMENDATION: That the Board adopt the proposed Resolution opposing
House Bill 949 and any other legislation proposed to rescind the eminent domain
authority of Collier County or to otherwise restrict or limit Collier County jurisdiction
over local water and wastewater utilities.
NC,. ~
MAR ~-? 2001
PREPARED BY:
REVIEWED BY:
APPROVED BY:
~~ DATE:
~. E. "BLEU" WALLACE, DIRECTOR
UTILITY & FRANCHISE REGULATION
I {)k,vX DATE:
THOMAS C. PALMER
ASSISTANT COUNTY ATTORNEY
DATE: 2~"/i ~"~5~/
~o~n~ Mi Dtn,~CK III, ~TERIM ~a~MrNISTRATOR
COMtv~ITY OEVELOPMENT & ESWmONMENT~a~
SERVICES DIVISION
MAR :Z ? ~001
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RESOLUTION NO. 2001-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OPPOSING LEGISLATION TO RESCIND
THE EMINENT DOMAIN AUTHORITY OF COLLIER COUNTY OR TO
OTHERWISE RESTRICT OR LIMIT COLLIER COUNTY JURISDICTION
OVER LOCAL WATER AND WASTEWATER UTILITIES.
WHEREAS, in response to the request of the citizens of Collier County, on
February 26, 1996, the County assumed regulatory jurisdiction over the investor-owned
water and wagtewater utilities operating in the County; and
WHEREAS, the Collier County Utility and Franchise Regulation Department has
actively and rapidly responded to the needs of investor-owned utilities and their
customers since the County assumed regulatory jurisdiction; and
WHEREAS, the quality of service to investor-owned utilities and their customers
has greatly improved since the County assumed local regulatory jurisdiction; and
WltEREAS, the right of eminent domain is a necessary and required right of
County government to ensure the provision of safe, efficient and sufficient water and
wastewater service to County residents;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, in regular meeting held this 27th day of March
2001 as follows:
The Board of County Commissioners of Collier County opposes any
legislation which would diminish the jurisdiction of C. ollier County over local
investor-owned water and '~/astewater utilities operating within the County;
ThE Board of County Commissioners of Collier County opposes legislation to
take away or in any manner diminish the eminent domain authority of the
County over water and wastewater utilities which it regulates, as is currently
proposed in House Bill 949.
The Board of County Commissioners of Collier County requests that Collier
County's local legislative delegation actively oppose any legislation which
would affect Collier County's authority to regulate investor-owned utilities or
take away or diminish the County's eminent domain power over any water or
wastewater utility it regulates.
4. The Clerk of the Board of County Commissioners is hereby directed to
forward a certified copy Of this resolution to the following:
AG E N D~.J TF,..~I
No. ~,' /Q_ /
/
MAR 7 ZOO1
PO'.
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The Honorable Jeb Bush, Governor
The Capitol
Tallahassee, Florida 32302
Mary Day Carriseo, Executive Director
Florida Association of Counties
P.O. Box 549
Tallahassee, Florida 32302
And the Collier County Legislative Delegation composed of:
The Honorable Steven A. Geller, Senator
The Honorable Burt L. Saunders, Senator
The Honorable Rafael Arza, Representative
The Honorable Dudley J. Goodlette, Representative
The Honorable Carole Green, Representative
The Honorable Joseph R. Spratt
This Resolution shall become effective immediately upon its adoption.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E BROCK, CLERK
By:
Deputy Clerk
JAMES D. CARTER, PH.D., CHAIRMAN
Approved as to form
And legal sufficiency:
Assistant County Attorney
AGENDA~.~TE ~,~
MAR 2 7 2001
Florida House of Representatives - 2001
By Representative Attkisson
HB 949
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1 A bill to be entitled
2 An act relating to local government regulatiQn
3 of water or wastewater utilities; amending s.
4 367.171, F.S.; providing for regulation of
5 certain utilities by certain counties;
6 prohibiting exercise of eminent domain by
7 certain governmental entities under certain
8 circumstances; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (8) of section 367.171, Florida
Statutes, is amended to read:
367.171 Effectiveness of this chapter.--
(8) Each county which is excluded from the provisions
of this chapter or adopts a resolution pursuant to subsection
(1)shall regulate the rates of all utilities in that county
.which would otherwise be subject to regulation by the
commission pursuant to s. 367.081(1), (2), (3), and (6). The
county shall not regulate the rates or charges of any system
or facility which would otherwise be exempt from commission
regulation pursuant to s. 367.022(2). No county, or authority
or district within such county, shall exercise the power of
eminent domain over any water or wastewater utility system or
facility regulated by such county pursuant to this chapter.
For this purpose the county or its agency shall proceed as
t~ough the county or agency is the commission. In all
proceedings conducted by a county or its agency under ~he
authority of this chapter, the provisions of ss. 120.569 and
120.57 shall apply.
1
CODING:Words ~ are deletions; words underlined are ad(
.it iC, i~I~ENDA ITEM
MAR ? 2001
pg. J
Florida Mouse of Representatives - 2001
743-104-01
HB 949
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law.
Section 2. This act shall take effect upon becoming a
HOUSE SUMMARY
Provides for regulation of certain utilities by certain
counties. Prohibits a county, or authority or district
in the county, from exercising the power of eminent
domain over any water or wastewater facility regulated by
the county.
2
CODING:Words ~ are deletions; words underlined are additions.
MAR ? 200 I
'13/2081
8584218543
MIKE T6~OIv~Y
P~GE 82
TO:
FROM:
DATE:
RE:
MICHAEL B. TWOMEY
ATroILNEY Ar L~W
POST OFFICE tot
TALLAHA551~F., ~OglOA 3~1~52~
T~ (N) 421-~ F~. (~)
MEMORANDUM
BLEU WALLACE AND'O.~TOM MER.
MIKE TWOMEY ~X~,..~-~ /
February 12, 200]
ESQUIRE
THREAT TO COUNTY REGULATORY JURISDICTION & OTHERS
Thr~at to County Jurisdiction
I think this is the industry, action we have been expecting since Collier Court .fy fu'st
retumed to county regulation of investor-owned water and sewer utilities.
On Wednesday, February 7, 2001, 1 attended the meeting of the Florida House Commitlee
on Utilities and Telecommunications. This was thc third in a series of"committee week"
meetings held since the November, 2000 elections that are designed to familiarize legislators
with the jurisdiction of the committees and pending issues prior to the start of session in early
March. The familiarization aspect is particularly important this year, especially in the House,
since some 67 of the 120 members are "freshmen." Prior meetings of this committee introduced
thc mcmbera to issues surrounding thc electric and telecommunications industries and
Wednesday's meeting was devoted to thc water and sewer mdustxy, in addition to hearing a
report from the Chairman of the 2020 Electric Study Commission.
John Williams of the PSC's staffgave the first presentation and outlined thc PSC's
authority and responsibilities. He spent some time discussing how the PSC was trying to
rehabilitate older, smaller and other degraded systems and how industry consolidation played a
major role in that effort, lie added that this consolidation brought "economies of scale" and
allowed the impact of major capital improvements to be spread over numerous systems. Much of
William's pitch sounded remarkably like a lecture on the benefits of uniform rates, which, I
should ad_d, is still the PSC's publicly announced policy:
Williams was followed in order by Wade Hopping, Cheryl Smart of Hopping's fu-m and
CarLvn KowalskT, who is Associate General Counsel for Florida Water Services. Both Hopping
and Stewart appeared on behalf of the Florida Water Works Association, which is largely
financed and controlled by Florida Water. All three emphasized several points which should be
of great concern to Collier County and all non-jurisdictional counties. After thanking the
legislattue for the earlier passage of the margin reserve legislation and the full environmental Cost
compliance recovery that came with it, they stressed these points:
AGENDA ITEM
No. .'- ~-.
MAR. 2 ? 2001
r7
/ 13/2081 89:51 8584218543 MIkT Tb~M~%' Pa6E 83
Consistency and certainty of regulatory treatment are essential if the industry is to
obtain the financing necessary for it to play its major role in dealing with the
d~,,ght and providing high quality service. Hav~ng to deal with some 32 different
interpretations (thc PSC and 31 non-jurisdictional counties) of the regulatory
statutes results in inconsistency, uncertainty ,,nd unnecessary costs. They di3n't
come right out and say that the PSC should b, given sole jurisdiction over the
entire state, but it was the only implicaton one could take as the solution to thc
problem they had laid out.
They all complained about being regulated by counties that were also their
competitors thxough county systems and who were often desirous of acqu~,'ing
their syste-ras. They said this was a clear conflict of interest and questioned
whether it should be allowed to exist. Again, they didWt say '~take jurisdiction
from the counties and ~ve it to thc PSC," but it's the only implication one can
draw as a solution.
They complaincd that they didn't have a "level playing field" with governmental
systems because of your lower cost financing and the fact that they, Lmlike you,
were taxpayers. I didn't hear them suggest a solution to this problem.
They highlighted their view that the in,~estor-owned utilities were the presumed
saviors of the state from the drought because of their ability to build aqaifer
storage, reuse facilities and the like, a~d argued that they should be given a
financial incentive to do more of these ';good works" by "getting more than f~ll
cost recover)'" for their efforts.
AU three ofthese ind~try speakers were well received and it appeared a good number of
the freshmen members were already well acquainted vdth Hopping and the others from prior
meetings. Immediately after the meeting I spotted Florida Water CEO John Cir¢llo in the
Company of Bill Peebles and Les-ret Abberger, the latler of whom is a registered lobbyist for
Florida Water and whose prior actions here you are already familiar with. It is likely that the two
were accompanying Cirello around for introductions ~o committee members and other legislators.
Shortly after the committee meeting I talked to the.smft' director of the House Committee
and a staff attorney of Senate Regulated Industries and asked if either was aware of any ~aft bills
to accomplish a shift of total jttrisdiction to the PSC and both said they were not, although both
agreed that the tenor ofthe industry's remarks appeared to clearly point in that direction. I have
searched the legislature's website for any filed bills to this end, but have found nothing yet. You
will recall that adverse industry legislation was "snuck in" by amendment to umelated water
resource management bills in the past, but I think that is probably unlikely this time since the
industry has publkly addressed this "problem" to the substantive committee. I remain confidenL-
however, that the industry is going to file legislation to divest the non-jurisdictional counties of
their water' and sewer regulatory authority and that they axe going to do it this year.
1 think the industry motivation for seeking the elimination of non-jurisdictional coUnty
MAR ? 2001
/13/2881 89:51 8584218543 HIKE
P~GE 04
regulato~ authority has more to do with "uniform rates" than it does with thc dubious
consistency and certainty arguments they presented to the committee. As Bleu and I discuss~-d
several years ago, the departure ora number ofieveral key counties from PSC regulation
effecti,eely kiLled Florida Water's and the PSC's future plans for uniform rate expansion by that
utility and, indeed, its continued v;ability. In short, the umtbrm rates previously approved for
Florida Water by thc PSC, and lax, ely still in cffcct through thc modified rates still being
charged, imposed varying levels of subsidies on ccrlain lower cost systems above their own costs
of service and used those monies to subsidize lower rates for higher cost systcrus, very often in
other, distant counties. Some counties had a mix of subsidy payers and recipients, while other
counties more clearly had just one category. I think Florida Water's Marco Island system's
currently approved rates, which are still just modifications of thc last rates approved by thc PSC,
charge sewer customers more than their cost of service and water customers just very little below
thcix cost of service. ! think Marco Island is currently jus! marginally a "winner" under the
PSC's last rate structure, but that wasn't what was firs~ proposed for Marco Island. Florida
Water's initial proposal for uniform rates had tis Marco Island customers grouped solely with its
other RD plant at Burnt Store, with the result that Marco Island would have paid huge annual
subsidies to Burnt Store. Those proposed subsidies were the basis for the organized opposition
mounted by the Marco Island community, bm there is nothing to stop that level of subsidies from
being proposed again or being approved by the PSC if it regains jurisdiction over Collier County.
As you are well awan:, a primary reason for my recommending to the Collier County
Commission that it remove regulatory jurisdiction from thc PSC was the fact that it is currently
illegal for any couaty approved rates to subsidiz~ the rates of utility customers in other counties.
Florida Water has not had a full rate case since its filing at the PSC in 1995, which case
was concluded in 1996. Its 1992 case, in w~ch the PSC approved uniform rates, is still under
appeal, w~th oral argument in what is likely to be the last action m this case scheduled for
February 21, 2001. A win for the utility and the PSC on the legality of uniform rates is likely to
embolden them to try approving such rates once again. The major impediment to a new Florida
Water/PSC uniform rate case, however, is that the PSC curzently only has jurisdiction over
Florida Water systems that are mostly "losers" in the sense that they are high cost and require
subsidies from other counties, many of which are now regulated by counties. As you should
recall, I also successfully urged Hernando and Citrus Counties to leave PSC jurisdiction. Flagl~
County, whose Palm Coast system has since been acquired by Florida Water, left as well.
Mathematically, Florida Water and the PSC m .us. ! regain jurisdiction over the systems that ate
"cash cows" because of their relative low costs of operation so that there will be monies to
subsidize the high co, systems. Hence, I believe, the c~t effort to pat all counties under the
regulatory authority of the PSC.
The PSC wants this change and so does Florida Water. Thc fact that most all othg states
have just state regulation of investor-owned systems, coupled with their joint lobbying effort will
make them difficult to beat absent a su'onger collective effort than we have seen from the non-
jurisdictional counties in the pa,sc I've already made Sarasota and Hillsborough Counties aware
of the ~reat and have spoken to Lec Killinger ofF.AC, about it as well. I have spoken to
George Flint, who is the exccutive director of thc St. Johns County Authority and will u'y to call
Citrus today. I'll keep looking for thc legislation and advise you when I fred it.
AGENDA ITEM
MAR g 7 2001
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO AR-444,
"CREATIVE HOMES III COMMERCIAL EXCAVATION" LOCATED IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 27 EAST; BOUNDED ON THE NORTH Bt' VACANT LOT, ON THE SOUTH BY
35TM AVENUE N.W. RIGHT-OF-WAY,' ON THE WEST BY VACANT LOT, AND ON THE EAST BY
VACANT LOT.
OBJECTIVE: To issue Excavation Permit No. AR-444 for Creative Homes III
Excavation in accordance with County Ordinance .No. 91-102 as amended, Division 3.5.
Commercial
CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill
material totaling 32,000 C.Y. to be hauled off-site.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center 138900 - Development Services
Revenues generated by this project
Total $5,896.00
The breakdown is as follows:
a) Excavation Review Fee-
b) Excavation Permit Fee -
c) Road Impact Fee-
$850.00
$166.00
$4,880.OO*
*This amount is only an estimate and is based on an assumed haul length of 8 miles and a duration
of two years. Final Road Impact Fee will be computed by Transportation Division prior to excavation
permit issuance.
GROWTH MANAGEMENT IMPACT:
None
ENVIRONMENTAL ISSUES:
None
HISTORIC/ARCHAEOLOGICAL IMPACT:
None
AGENDASEI~
No.
MAR 27 2001
EAC RECOMMENDATIONS:
Jo EAC public hearing was required because of the size of the excavation.
CCPC RECOMMENDATIONS:
No CCPC public hearing was required
PLANNING SERVICES STAFF RECOMMENDATIONS:
That the Board of County Commissioners approve the issuance of Excavation Permit No. AR-444 for
Creative'Homes III Commercial Excavation with the following stipulations:
The excavation shall be limited to a bottom elevation of 12' below existing ground. All disturbed
areas proposed for lake excavation shall be excavated to a minimum elevation depth of 6'below
the.dry season water table.
Off-site removal of material shall be limited to 32,000 C.Y. and shall be subject to "Standard
Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy
attached)
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record.
In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a
performance guarantee, based on a cost estimate to replace the original installed littoral zone
plants, will be required upon completion and acceptance of the excavation (Land Development
Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is
submitted.
5. All provisions of Collier County Ordinance No. 91-102, as amended, Division 3.5 shall be adhered
to
Where groundwater is proposed to be pumped during the excavating operation, A Dewatering
Permit shall be obtained from the South Florida Water Management District, and a copy provided
to Engineering Review Services for approval prior to the commencement of any dewatering
activity on the site.
7. No blasting will be permitted.
o
If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit,
required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning
& Technical Services before work shall commence.
9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire
-. perimeter of the stockpile area.
PAGE 2
AGENDA.I'~EM._
No. ~
MAR'2 7 2001
10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion
control devices installed.
11. Operation shall be limited to one year, with provision for a 1-year extension.
PREPARED BY
STL~I~-~/~~E'.
SENIOR ENGINEER
DATE
REVIEWED BY:
THOMAS E. KUCK, P.E.
ENGINEERING REVIEW MANAGER
ROBERT J. MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
DATE
APPROVED BY:
JOHI~~M. DUNNUCK, III
INTEc~IM ADMINISTRATOR
DATE
PAGE3
AGENDA R'EM --
NO, ~
MAR,~ 7 2001
COLLIER COU1YTY TRANSPORTATION SERVICES
"STAND~ CONDITIOIVS"
EXCAVATION PERMIT APPLICATION8 hNVOLVING
OFF-SITE REMOVAL OF MATERIAL '
Thc intent of these "Standard Conditions" are to pwvide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
Haul routes between an excavation site and'an arterial wad shall be pr/vale w/th property
owner(s) approval or. be a public collector road built to standards applicable to handle thc
resulting truck traffic. Where residential areas front collector wads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Tran~onation Services Adminisu'ation
reserves the right to suspend or prohibit off-site removal of excavated m---rial should such
removal create a hazardous road condition or substantially deteriomle 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 permitiee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.$ and Right-of-Way Ordinance No. 93-64.
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. '
Thc Tranapomtion Services Adm/nisU~on reserves the right to establish emerpn~ weiL~t
limits on public roadways afl'ec~ed by the off-site removal of cxcavaled material; the
procedure for esu~blishment of weight limits shall be the presentation of an mpplicabl¢
resolution before the Board of County Commissioners. Should weight limiis be~ hmsii~
the permitiee shall be respor,sihle to ir,?lement mcasmes io assure that all hesvy track
loadings leaving the permit's property conform to the applicable weight restriction.
The Excavation Perfonnsnce C, usmaize shall apply m excavation operafio~ ~i also
~ of public ru~ts in accordance with cmme~ oniinances ~mi .,~pplk:sble
· AGENDA ITEM
No.
MAR 2 7 2001
Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the fight to
deny a blasting permit based on concerns for off-site impacts from blasling at an excavation
site. Should a blasting pe, uit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
Ao
Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
Control of size/depth/number of charges per blast by the Development Services
Director.
The right of the County to suspend and/or revoke blasting permit azuhority 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 ~om the Transpo~tion
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 let/er of 5/24/88
Revised 1/13/98
AG£N~A JTF.~ ~
NO. ~
MAR 2 7 2001
AGENDA ITEM
No. ~B ~
MAR 2 7 20(
EXECUTIVE SUMMARY
REVIEW STAFF'S PROGRESS REPORT ON THE NEGOTIATIONS WITH WMI AND IDC,
AND SELECT THE BOARD'S PREFERRED OPTIONS, AND THEN AUTHORIZE STAFF TO
COMPLETE THE NEGOTIATIONS WITH WMI AND IDC
OBJECTIVE: To inform the Board of County Commissioners (Board) about the progress
made in the negotiations with Waste Management, Inc. (WMI) and Immokalee Disposal
Company (IDC) concerning the County's solid waste management program. To present
options to the Board for its selection. To receive authorization from the Board to prepare
appropriate change orders/agreements with WMI and IDC, which will be presented to the
Board for its approval.
CONSIDERATIONS: On December 20, 2000, the Board held a solid waste workshop and
on January 9, 2001, the Board authorized staff to negotiate with WMI and IDC regarding
various solid waste management issues. The following issues have been the subject of
negotiations:
1. Prudent Odor Control Redundancies.
The County's consultant, Malcolm Pirnie Inc. (MPI), has recommended additional odor
control measures for the Naples Landfill (Landfill), even though these measures are not
mandated by the Florida Department of Environmental Protection. The Staff agrees these
proposed odor control measures are prudent, and will provide redundancies in the Landfill's
odor control system, and thus will provide greater assurance that odor control problems will
not be encountered in the future. In response to these recommendations, WMI has agreed to
provide additional odor control equipment and take other steps to better control odors at the
Landfill. Specifically, WMI has agreed to:
a. Discontinue the practice of stripping initial (daily) cover each morning.
b. Add 3-phase power to improve the reliability of the odor control system.
c. Add backup generators to provide redundancy for the odor control system.
d. Make other improvements to the Landfill's electrical system to improve reliability and
redundancy.
e. Construct horizontal gas collection trenches at the Landfill's working face.
f. Conduct engineering studies and make additional improvements, if necessary.
WMI initially asked the County to pay a surcharge of $5.14 per ton for odor control
measures. This surcharge would be in addition to the tipping fee, which currently is $17.12
per ton. WMI subsequently agreed to reduce the surcharge to $4.11 and offered further
reduced surcharge of $3.86 per ton, if the County agrees to extend WMI's collection
contract. The current proposal represents a reduction of approximately~
1
approximately $1.2 million over the life of the contract, which is expected to be
approximately 15 to 1 7 years.
The Staff is investigating several methods of reducing the cost of the odor control measures,
thus reducing the amount paid to WMI. Staff wants to ensure that the County's payments
will be based on the actual costs incurred by WMI. Thus, the actual amount paid to WMI
may be less than $3.86 per ton.
Staff believes the Board should: (a) consider the option of increasing the Landfill tipping fee
by $4.00/ton to pay for the odor control measures; and (b) authorize the payments to WMI
for odor control measures, on a cost reimbursement basis.
2. Remediation of Cells 1 & 2 for Future Landfill Operations.
The Board previously directed the Staff to remediate and reconstruct Landfill Cells 1 & 2 so
that these areas can be used for the short term and intermediate term disposal of solid waste.
WMI initially asked to be compensated for all of the costs associated with this work,
including construction of the new lined cells and closure of the new cells. After discussing
the issues with the County, WMI agreed that it already is obligated to pay the cost of closing
active cells and constructing and closing new cells at the Landfill, using the money that WMI
receives from the tipping fee. This acknowledgment by WMI dramatically reduced the
County's potential estimated cost for re-construction and closure of Cells 1 & 2.
The County has hired an independent geotechnical engineer, Professional Service Industries,
Inc. (PSI), to conduct a geotechnical and engineering assessment of the conditions in Cells 1
& 2. The quantity and physical/chemical characteristics of the materials in Cells 1 & 2
currently are not well known. Consequently, at this time the County and WMI cannot
accurately determine the amount of remedial work that must be completed in Cells 1 & 2
before WMI can design and construct the new landfill liner system. Given this uncertainty,
there are two options for managing the remedial work in Cells 1 & 2:
Option 1. WMI proposed to assume responsibility for conducting the remedial work
if WMI is paid $1.70 per ton in additional fees. This fee is based on WMI's estimate
of the costs that WMI may incur to perform the remedial work in Cells 1 & 2. The fee
will repay WMI's estimated expenses at 8% interest for 15 years, and will cost the
County more than $14 million.
Option 2. The County will conduct the work and assume responsibility for
restoration and clean up of Cell 1 and 2. The County will hire one or more specialty
contractors to perform the work in coordination with WMI. The County will pay the
actual cost of the restoration and clean up work from the County's solid waste reserve
fund, thus avoiding finance charges.
Staff believes the Board should choose Option 2. WMI's proposed fee for Option 1 is
intended to be high, thus minimizing WMl's risk of unanticipated site /
2 J 1'4A~. 2 7 ~.0[ii
unanticipated expenses. Under Option 1, the County will, in effect, borrow money from
WMI to pay for the remedial work, and then the County will repay WMI over time at an
unfavorable interest rate. Under Option 2, the County will assume the risk of unknown site
conditions, but the County will not pay any interest and will only pay for the work that is
needed.
3. Contingency Contract for Out-of-County Disposal.
The County's Comprehensive Plan requires the County to have two years of lined landfill
capacity available to meet the County's needs. To satisfy this requirement in the
Comprehensive Plan, the County previously concluded that it may need to haul some of the
County's solid waste to an out-of-county landfill. Hauling waste out-of-county would
maximize the remaining useful life of Cell 6 in the Naples Landfill.
If it is necessary, WMI has agreed to haul and dispose of 900 tons per day (tpd) of the
County's solid waste to the WMI landfill in Okeechobee County. WMI would charge
$54.00 per ton for this service. The fee would be reduced 2 percent if the County pays WMI
within 20 days. At these rates, the County would pay approximately $15 million each year
to haul 900 tpd to Okeechobee, plus the County would pay the cost of disposing of the
remainder of the County's waste (approximately 300 tpd) in the Naples Landfill.
To avoid these expenses, the County asked WMI to guarantee in a contingency contract that
WMI will provide at least two years of capacity at WMI's Okeechobee landfill for Collier
County, if needed. WMI has agreed to do so. WMI also will guarantee capacity in its
Okeechobee landfill for any debris resulting from a hurricane or other natural disaster in
Collier County. These contractual guarantees of capacity (air space) in a lined landfill will be
provided by WMI at no cost to the County.
The Staff believes these guarantees from WMI will satisfy the requirement in the
Comprehensive Plan for two years of lined landfill capacity. If new capacity is developed at
the Naples Landfill before Cell 6 is filled, the County will not need to haul any solid waste to
the Okeechobee landfill, because the County can rely on its contingency agreement with
WMI to satisfy the Comprehensive Plan requirement. WMI's guarantees should enable the
County to postpone and perhaps eliminate the cost of transporting and disposing of the
County's solid waste at an out-of-county site.
The Staff requests the Board to consider a contingency contract with WMI for: (a) guaranteed
capacity at the Okeechobee landfill; and (b) WMI's transport and disposal services, if
needed.
4. Expansion of Recycling Pro:Rram.
The staff requested and WMI subsequently offered to expand
collecting:
3
its recycling activities by
MAR
PG.; ~ _
a. Mixed fiber materials (magazines, catalogues, etc.) from residential customers;
b. Glass and bottles from commercial customers; and
c. Electronic scrap (computers, televisions, etc.)
WMI will collect mixed fiber materials from residential customers at no cost, and will
reduce the cost of the proposed odor control measures at the Naples Landfill to $3.86 per
ton, if the County will extend WMI's collection contract until 2006. In addition, in exchange
for a contract extension, WMI will assume responsibility for the management, purchasing
and distribution of recycling bins to residential customers, beginning on the effective date of
the contract extension. WMI will provide an average of 5,000 bins per year; the County will
reimburse WMI at its purchase cost if WMI distributes more than 5,000 bins per year. All of
these responsibilities and associated costs for recycling bins currently are borne by the
County.
WMI will collect glass and bottles from commercial businesses at a cost of $5.00 per pick-up,
if the County will make glass recycling mandatory for those businesses that generate
significant quantities of glass (e.g., restaurants, bars).
WMI's recycling program for electronic scrap will include the following components:
(a)
WMI will hold two events each year at a mutually designated time and place.
WMI will be responsible for providing a container, site management, and the
cost of transporting the electronic scrap materials to a processing facility. The
County will be responsible for paying the cost of processing the waste
materials.
(b)
WMI will place a dumpster at each one of the County's transfer stations for the
collection of electronic scrap materials. WMI will be responsible for the cost
of transporting the waste materials. WMI also will be responsible for training
the appropriate County Staff members concerning the proper management of
these materials. The County will pay the cost of processing the waste
materials.
(c)
The County will be billed on a monthly basis for the cost of processing
electronic materials. The County will pay WMI's actual cost, without markups
or additional fees.
The details of the scope of services for electronic recycling, and the associated costs, will be
determined in future negotiations between the County and WMI.
The staff requested and IDC (Immokalee Disposal Company) subsequently offered to expand
its recycling activities, at no additional charge to the County, if IDC is given an extension of
its contract until 2006. Specifically, IDC has offered the following services:
4
AG£NDA IIEM
,,,o. gcc--?
PG.
a. Extended Customized service for customers who need help, whether due to
age, health or other limitations, at no additional charge to the County.
b. IDC will purchase a new truck with more compartments so that IDC can add
magazines and catalogues to their residential/commercial curbside pick-up
recycling program.
c. IDC will place sectioned containers at all public schools for computer paper,
newspaper, and magazine/catalog recycling.
d. IDC will provide at least two or three collection days per week for commercial
recycling.
e. IDC will increase residential recycling frequency from once per week to twice
per week, as soon as the County determines that the rate of recycling has
increased through joint efforts with the County and a public relations
campaign.
f. IDC will introduce electronic scrap (computers, televisions, etc.) recycling as
follows:
1) IDC will provide curbside pick up service for residential and commercial
customers. The County will be responsible for the cost of processing the
scrap material.
2) IDC will provide a collection center for electronic scrap at IDC's facility.
The County will be responsible for the cost of processing.
3) The processing costs and the scope of service for electronic scrap recycling
will be determined in future negotiations with the County and the IDC.
The staff asked IDC to examine the possibilities of using standard carts. IDC responded with
a proposal to enhance collection system with carts for the Immokalee Service Area, if the
County approves a cost increase of 1.5% (IDC estimates the actual cost is 2.5%).
The Staff recommends that the Board consider the recycling program enhancements
proposed by WMI and IDC, and then give directions to the Staff as to the Board's
preferences.
FISCAL IMPACT: Subject to the qualifications discussed above, the proposed odor control
measures will increase the County's costs at the Landfill, which could be recouped by raising
the Landfill's tipping fee by $4.00 per ton. This increase in the tipping fee will cover the
County's reimbursements to WMI, which are estimated to be approximately $3.86 per ton
and will start upon the execution of an agreement/change order with WMI. The cost per ton
may decline if the County pays for some of the odor control measures with a lump sum
payment or pays on a cost-reimbursement basis. The cost per ton will be adjusted in the
future for inflation.
If the Board decides that WMI should perform the remedial work in Cells 1 & 2 pursuant to
Option 1, WMI's fees will increase by $1.70 per ton. If the Board selects Option 2 for the
remedial work, WMI's fees per ton will not be affected. The actual cost of remediating Cells
1 & 2 under Option 2 is uncertain at this time.
5
&G£~DA ITEM
MAR 2 7 2001
PG.
The County will incur no cost for the guaranteed disposal capacity in the Okeechobee
landfill. The County also will incur no cost for WMI's commitment to haul and dispose of
the County's waste in the Okeechobee landfill. If the County decides to send 900 tpd to
WMI's Okeechobee landfill, the County will pay $54 per ton or approximately $15 million
per year, subject to escalation for inflation and other factors.
The proposed additions to the County's recycling program for mixed fiber materials and
bottles do not add any direct costs for the County. The cost of electronic scrap recycling will
depend upon the services, if any, requested by the County.
GROWTH MANAGEMENT: It is anticipated that the contract with WMI will ensure the
County's compliance with the Solid Waste Sub-Element of the County's Comprehensive Plan
because the contract will provide at least two years of lined landfill capacity for the County
in WMI's Okeechobee Landfill.
RECOMMENDATION:
That the Board of County Commissioners consider the options presented, select the options
preferred by the Board, and then authorize Staff to prepare appropriate change orders or
contract amendments for the Board's review and approval.
Specifically, Staff recommends that:
1) The Board increase the Landfill tipping fee by $4.00 per ton.
2) The Board authorize payments to WMI for the odor control measures recommended by
MPI and Staff.
3) The Board choose Option 2 for the restoration and clean up of Landfill Cells 1 and 2.
4) The Board obtain a contractual guarantee from WMI to provide at least two years of
capacity at WMI's Okeechobee landfill for Collier County's waste, plus a guarantee of
capacity for the County's storm debris, if needed.
5) The Board approve IDC's proposal for expanded recycling services subject to final
contract negotiations.
6) The Board approve WMI's proposal for expanded recycling services subject to final
contract negotiations.
6
2001
Submitted by:
G. George Yilmaz, Ph.D., P.E., P.H., R.E.P.
Director, Solid Waste Management Department
Date
Date
EXHIBIT I
(to be used as a part of BCC presentation)
Negotiations with Waste Management, Inc.
Summary of Initial and Final Proposals
All costs in $ per ton
Initial Pro,~osal
Final Offer
I. Odor Control
A. Soil Cover
B. Lost Air Space
C. Soil Stripping
D. Redundant
Equipment
Subtotal
II. Expansion
A. Construction
B. Remediation
1. Gun Range
2. Cells1 &2
3. Lost Airspace
Subtotal
Landfill Subtotal
III. Transfer
A. Haul & Dispose
900 tons/day
B. Reserve Air
Space
C. Disaster Relief
Air Space
IV. Recycling
Expansion
A. Add Mixed
Fiber to
Residential
B. Commercial
Glass
C. Electronic
Scrap
$5.14
$9.00
$14.14
$54.00
Not included
Not Included
No cost (with
contract extension)
No cost to County
(with mandatory
collection) $5/p.u.
to commercial
customers.
Not Included
$2.43
$1.38
$o.oo
$0.05
$3.86
$0.00
$0.20
$1.5o
$o.oo
$1.70
$5.56
$54.00
Included
Included
No Cost (with
contract extension)
No cost to County
(with mandatory
collection) $5/p.u. to
commercial
customers.
Please see Executive
Summary
Savinss
25%
81%
6O%
MAR 272001 I
EXECUTIVE SUMMARY
UPDATE TO THE BOARD OF COUNTY COMMISSIONERS ON THE
CAPACITY ISSUES WITH THE NORTH COUNTY WATER RECLAMATION
FACILITY
OBJECTIVE: That the Board of County Commissioner, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, hear a report on the activities taken by
the Wastewater Department to alleviate spills of wastewater for the short term and long
term.
CONSIDERATION: In late January 2001, the North County Water Reclamation Facility
(NCWRF) was experiencing hydraulic problems due to high excessive flows. At the
same time plant staff noticed a 30% increase in organic loading to the facility. These (2)
two factors combined caused a serious biological upset. During February the flows
continued to increase as well as the organic loading. From February 14th through March
5th, 2001 the treatment plant experienced washout of solids from the plants clarifiers
during the peak morning hours. Peak flows were above the plant design. The plant
experienced several spills near the plant clarifiers and effluent filters. Standard Operating
Procedures were used for containment and clean-up of the spills. The NCWRF is now in
compliance with reclaimed water discharge permits. We have not experienced any
wastewater spills since March 3, 2001.
Action that staff proposes to Florida Department of Environmental Protection (FDEP) to
make sure we are in compliance next peak season is as follows:
· Off load peak flows to the South Count)' Water Reclamation Facility (SCWRF)
using the City of Naples Collection System.
Off load peak flows to the SCWRF with a temporary inter-connect between the
North and South Count)' Plants.
· Construct a Flow Equalization Tank at the NCWRF.
· Install telemetry in the NC\VRF collection area to maximize storage in the
system.
· Add additional Aeration Capacity to the NCWRF.
· Improve Plant Operating Procedures and Process Control.
· Increase Chemical Feed capabilities.
Action that staff proposes to FDEP to alleviate this problem on a long term basis are:
· Expedite the 5 MGD (Million Gallons per Day) Expansion construction project.
· Increase SCWRF Capacity to 16 MGD by 2003.
· Construct an inter-connect between the NCWRF and the SCWRF by 2004.
· Construct an additional 10 MGD capacity at the NCWRF by 2005.
FISCAL IMPACT: The Wastewater Master Plan will be updated this Fiscal Year to
determine Fiscal Impact on this plan.
GROWTH MANAGEMENT IMPACT: The Sanitary Sewer element of the Growth
Management Plan will need to be reviewed and modified to be consistent with the revised
Wastewater Master Plan.
RECOMMENDATION: The Staff recommends that the Board of County
Commissioners consider the discussion of this report and recommended improvements.
The Staff will bring back to the Board of County Commissioners at later date additional
information on the NCWRF.
SUBMITTED BY:
Date:
~oseph B. Cheatham, Wastewater Director
REVIEWED BY:
,..y,~:.--.,--~,,,:-.'. /~¢--,,--~.s:' Date: ......."'' ' :
James Mud& P.E., Public Utilities Administrator
Plan of Action to Resolve Flows and Loading Issues at the North
County Water Reclamation Facility
1. Increase the use of Alum for Sludge satiability immediately.
2. Improve standard operating procedures and process control by July 1, 2001.
3. Make plant improvements to the Pelican Bay WWTP and keep it on line for the
foreseeable future - permit expiration July 2006.
4. Re-route 1 MGD to the SCWRF through an inter-connect system by August 2001.
Use this capacity to help with additional growth in the system.
5. Enforce sewer use ordinance on discharge ofoil and grease to the system to
reduce plant loading. Modi~, ordinance to provide for penalties for excess
strength charges by October 1. 2001.
6. Add appropriate amount of additional aeration capacity on an interim basis at the
NCWRF by November 2001.
7. Reviev,' peak flows and construct appropriate sized Flov¥' Equalization basin at the
NCWRF before next season.
8. Fast track the 5 MGD Expansion and bring on line prior to February, 1, 2002.
9. Expand the SCWRF to 8 MGD and have on line by 2003.
10. Construct a permanent inter-connect between the SCWRF and the NC~,VRF by
2004.
11. Immediately start design of a 10 MGD expansion at the NCWRF and have on line
by 2005.
EXECUTIVE SUMMARY
REVIEW OF THE WRITTEN AND ORAL REPORT OF
BAYSHOREIAVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE
THE
OBJECTIVE: To determine if the Bayshore/Avalon Beautification MSTU
Advisory Committee continues to address the issues it was created for, continues
to warrant the time and funding required to retain it, and whether any
adjustments are necessary.
CONSIDERATIONS: Ordinance 86-41 was created to provide a regular
mechanism for the Board of County Commissioners to review all existing
advisory boards every fourth year. There is a rotating schedule provided for
within the ordinance that dictates which boards are to be reviewed in any given
year. The Bayshore/Avalon Beautification MSTU Advisory Committee is to be
reviewed in 2001.
The Board Chair is to provide a written report (copy attached) that answers
specific questions provided for within the ordinance. In addition, the ordinance
calls for each board to make an oral presentation to the County Commission
during March of the year in which they are to be reviewed.
FISCAL IMPACT: In each case the boards scheduled for review require only the
staff time needed to attend, prepare backup information, minutes and any
additional information required by the Committee/Commission members. At a
minimum, an advisory board will normally cost $2,000 annually.
GROWTH MANAGEMENT: there is no direct Growth Management impact
associated with this item.
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS review the written report of the Bayshore/Avalon
Beautification MSTU Advisory Committee scheduled for review in 2001, and
direct any revisions that they determine are necessary to have this committee
function as efficiently and effectively as possible.
Prepared by~ ,~-~ r
Thoma~ W'T-Olliff, C-'~Manage
MAR 2 7 2001
Memorandum
To:
'From:
Date:
Subject:
Thomas W. Olliff
County Manager
Bill Neal, Chairman
Bayshore Beautification MSTU
February 6, 2001
Annual Report for Year 2000
This memo will serve as our Annual report as required by Ordinance 92-44. That Ordinance
requires that the Chairman of every Advisory Board to the Board of County Commissioners
provide the following information:
1. Is the Advisory Board serving the purpose for which it was created?
Yes. The Bayshore Beautification Advisory. Board has been instrumental in
moving the Bayshore Streetscape and Landscape Beautification Project to
fruition.
2. Is the Advisory Board adequately serving current community need?
Yes. The Bayshore Beautification Advisory Board is the mechanism by which the
MSTU continues to function effectively.
3. A list of the Advisory Board's accomplishments for the pLeceding 12-month period:
During the past year we have almost completed the landscape, irrigation, entry
feature and improved sidewalks and pavers along Bayshore Drive.
4. Is there another Board or Agency, public or private, which would better serve the
purpose for which the Advisory Board was created?
No. The Bayshore Beautification Advisory Board is the most appropriate vehicle
for representing the taxpayers within the MSTU boundaries.
Transportation Operations .Department
'AGEND&ITEM
MAR 2. 7 2001
Thomas W. Olliff, CounU Manager
February. 6, 2001
Page 2 of 2
Should the Ordinance creating the Advisory' Board be amended to better serve the
purpose for which it was created?
No. There is no reason to amend the enabling ordinance (Ordinance 97~82) at this
time.
6. Should the Advisory Board's membership requirements be modified?
No. Not at this time.
7. The cost of maintaining this Advisory Board is as follows:
The approved budget for fiscal year 2000 was $1,472,643. Of this amount,
$53,500 is included for indirect costs for county administrative expenses.
Thank you for the opportunity to provide the foregoing report. We will make ourselves available
to address the Board of County Commissioners if you so desire.
CC:
Norman E. Feder, AICP, Transportation Administrator,
Edward J. Kant, P.E., Transportation Operations Director
Bob Petersen, Transportation Operations MSTU Liaison
File: Bayshore MSTU (Annual Report to the Board)
Transportation Services Department
EXECUTIVE SUMMARY
REPORT ON STATUS OF SETTLEMENT NEGOTIATIONS IN COLLIER
COUNTY v. MARSHALL, CASE NO. 99-2009-CA-TB, PENDING IN THE
TVVENTIETH JUDICIAL CIRCUIT COURT (PRESCRIPTIVE EASEMENT
CLAIM FOR MILLER BOULEVARD EXTENSION) AND REQUEST FOR
BOARD DIRECTION.
OBJECTIVE: To report on the status of settlement negotiations in Collier County v.
Marshall, Case No. 99-2009-CA-TB, pending in the Twentieth Judicial Circuit Court
(prescriptive easement claim for Miller Boulevard Extension) and receive Board
direction.
CONSIDERATIONS: On December 12, 2000, following a continuation from the
November 14, 2000 Board Meeting, the Office of the County Attorney reported to the
Board on the status of Collier County v. Marshall, Case No. 99-2009-CA-TB and the
County's claim for a prescriptive easement over Miller Boulevard Extension as asserted
in that lawsuit. At that time, there had been extensive settlement negotiations and the
County had also learned a great deal more about the anticipated effect of the Save the
Everglades Project on Southern Golden Gate Estates, including the area traversed by
Miller Boulevard and Miller Boulevard Extension. A copy of the Executive Summary
before the Board on November 14, 2000, and December 12, 2000, minus the
attachments, is attached to this Executive Summary.
At the December 12, 2000 meeting, the Board expressed continuing concern about the
use of Miller Boulevard Extension for County and emergency vehicles and directed that
the County attempt to negotiate a temporary use agreement with the State and Florida
Wildlife Federation providing that Miller Boulevard Extension would remain open until
such time as Miller Boulevard began to be physically removed and that would allow the
County to obtain permits to improve the grade of Miller Boulevard and fill potholes and
keep Miller Boulevard operational to meet health, safety and welfare issues for all
residents of Collier County. As of the date this Executive Summary was prepared, no
real progress has been made in finalizing a settlement of the litigation. Further, staff
has now advised the Office of the County Attorney that it would likely be necessary to
set a controlled grade for Miller Boulevard Extension to ensure that it would remain
passable for emergency vehicles throughout the year. At least initially, the Department
of Environmental Protection has not been receptive to any agreement that might raise
the grade of Miller Boulevard Extension at any location. There also has not yet been a
response to the County's proposal that, if the County meets the criteria set forth in any
settlement agreement as to any proposed maintenance and repairs on Miller Boulevard
Extension, the parties to the agreement will not challenge any requests for necessary
permits in administrative proceedings.
FISCAL IMPACT: See attached Executive Summary.
AGENr)A
4AR 2 ? 2001
GROWTH MANAGEMENT IMPACT: See attached Executive Summary.
RECOMMENDATION: That the Board provide direction to the Office of the County
Attorney in light of the report concerning the status of settlement negotiations in the
case of Collier County v. Marshall, Case No. 99-2009-CA-TB, now pending in the
Twentieth Judicial Circuit for Collier Couqty.
Prepared by: ~/-'''//~/~/ Date: ,-~//~/0/
Michael W. Pettit,
Assistant County Attorney
Reviewed and X¢, ,,.~, ://,f ~
Approved by: ~,~-.~,-~.~-..¢,..-~ Date:
David C. Weigel~ ~2
County Attorney
h:Litigation/OpenCases/CCv. Marhsall/ExSum/031601
2
EXECUTIVE SUMMARY
REPORT ON STATUS OF AND SE'~/EMENT NEGOTIATIONS IN COLLIER COUNTY V.
MARSHALL, ET. AL., CASE NO. 99-2009-CA-TB, NOW PENDING IN THE TWENTIETH
JUDICIAL CIRCUIT COURT (PRESCRIPTIVE EASEMENT CLAIM FOR MILLER
BOULEVARD EXTENSION) AND REQUEST FOR BOARD DIRECTION.
OBJECTIVE: To report on the status of and settlement negotiations in Collier County v.
Marsh, et. al., Case No. 99~2009-CA-TB, now pending in the Twentieth Judicial Circuit
Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board
direction.
CONSIDERATIONS: In 1997, the Board directed staff to, in essence, establish an
easement of record over Miller Boulevard Extension, a dirt/gravel road running between
U.S. 41 and Miller Boulevard in Southern Golden Gate Estates. (See attachment 1 -
minutes from 7/29/97 and 9/23/97 Board meetings.) The purpose of the Board's direction
was to ensure that Count7 and emergency vehicles might use Miller Boulevard Extension
and to allow the County to seek necessary permits to fill one or more very large potholes
that made travel on Miller Boulevard Extension extremely difficult or unsafe during the
rainy season. After making efforts to acquire easement rights by donation, the County filed
an action on June 18, 1999 seeking to establish by judicial declaration a prescriptive
easement over Miller Boulevard Extension The action was fi[ed with respect to 18 parcels
that are traversed by Miller Boulevard Extension. As a result of filing that action, the
County has acquired stipulated easement rights for 2 of the parcels and it has also obtained
defaults against owners of 5 more of the parcels. The State of Florida owns 7 of the
remaining parcels, while Florida Wildlife Federation owns 1 parcel and 3 other parcels are
still in the hands of individual owners. Of the parcels remaining in the hands of individual
owners, 2 of those owners have reportedly entered into a contract to sell their property to
the State but the sale has been delayed due to the pending action filed by the County. It
has also been reported that the remaining individual owner has sold his parcel to the
Miccosukee Indian tribe although that information has not been confirmed.
During the course of discovery in the case, the County has learned that, as part of its Save
the Everglades project, the State is continuing forward with its plans to purchase all of the
parcels traversed by Miller Boulevard. Extension and to remove 130 miles of paved road il
Southern Golden Gate Estates, including virtually all roads south of 66~' Avenue S.[
Among the roads designated for removal is the portion of Miller Boulevard lying south
66"' Avenue S.E. (Please see the attachments 2, 3 and 4 to this Executive Summary, whirl
outline the status of the States acquisition program as of July 11, 2000 and also set forth th~
hydrologic restoration plan of Southern Golden Gate Estates as currently proposed by thc
South Florida Water Management District and the Army Corps of Engineers once the Stat(
has co.mpleted its acquisition program.) At this juncture, the State has acquired or is in
contract to acquire 15,411 of the 19,998 parcels in the project area, including parcels over"
which Miller Boulevard Extension runs. (See attachment 5 to this Executive
which is a map showing ownerships in the Save Our Everglades project area a
2000.) As attachment 2 indicates, the State is currently in a phase of making
1
offers.to the approximately 4,000 parcel owners that have either not responded.or refused
the State's initial offer for acquisition. The County Attorney has been advised by counsel
for the Department of Environmental Protection that in January 2001 the State will seek
eminent domain authority to acquire ail remainin§ parcels.
Because the State's Save Our Everglades project is moving forward far more rapidly than
previously, it now appears that Miller Boulevard Extension will at some point in the next
five years not be a viable road for any purpose. This is so because most of the roads to
which Miller Boulevard Extension provides a connection will be removed and will be
flooded as a result of the proposed hydrologic restoration plan. (See attachments 3 and 4 to
this Executive Summary.)
Pursuant to court order, a mediation of the pending court case was held on September 28,
2000. Although no recommended resolution was reached, settlement discussions among
the most interested parties in the prescriptive easement litigation, i.e., Florida Wildlife
Federation, the County, and the State, have continued. At this time, a possible settlement
would likely need to include or address the following elements among others:
Waiver of the County's prescriptive easement rights in Miller Boulevard
Extension.
Entry into a Temporary Use Agreement with the State and Florida Wildlife
Federation.
The Temporary Use Agreement would need to allow County vehicles and
emergency vehicles use of Miller Boulevard Extension until the earlier of
either January 1, 2006 or the beginning of the physical removal of significant
portions of Miller Boulevard in Southern Golden Gate Estates as part of the
hydrologic restoration plan proposed by South F[odda Water Management
District and the Army Corps of Engineers. It is the County's understanding
that once the State has acquired all the properties in question, it will transfer
the management of these properties to the South Florida Water Management
District. The State believes the physical removal of Miller Boulevard as a
paved road is likely to occur well before 2006.
'[he County would be permitted to seek any necessary permits to fill
significant or dangerous potholes along Miller Boulevard Extension but
would not be allowed to raise the overall elevation of Miller Boulevard
Extension or install any culverts or do any additional grading along Mille
Boulevard Extension.
Interested persons would retain the ability to object to any such requeste~
permits, although additional negotiation on this issue is anticipated.
As the State acquires new properties, the County would immediately assigr
any rights it has acquired either by way of default or stipulation or otherwis~
to the State.
The County would dismiss its prescriptive easement lawsuit. Nevertheless
this issue remains up in the air to the extent that at least one of the privat~ ~
owners is not in contract with the State and has claimed that he has sold his
property to the Miccosukee Indian tribe. ~
2
10.
The County would remain subject to ail permitting requirements to perform
any filling of potholes along Miller Boulevard Extension.
The Temporary use Agreement would be subject to approval by the Big
Cypress Basin Board and U.S. Fish and Wildlife Service in addition to the
signatory parties.
If and to the extent allowed by law, the County would hold other signatories
to the Temporary Use Agreement harmless for any liability arising from any
work performed by the County on potholes. The County also would bear the
cost of removing any such work to the extent required by the State or the
South Florida Water Management District. Given the limitations on the work
that could be performed, any such costs would likely be relatively minor.
GROWTH MANAGEMENT: If the County enters into a settlement agreement along the
lines outlined above, eventually it will loss all access or claim to Miller Boulevard
Extension. Thus, the road would not be available for the County's use. At this time, the
County prescriptive easement rights over Miller Boulevard Extension have not been
judicially declared by a court. Even if those rights were declared to exist by a court,
however, that will not stop the State's acquisition program or the hydrologic restoration. At
most, the County would gain some unknown amount of monetary compensation for an
easement that will necessarily be eradicated as part of the State's acquisition program.
Accordingly, under any scenario, it appears the County will ultimately lose access to Miller
Boulevard Extension.
FISCAl IMPACT: ShouLd the County proceed with the litigation, there will be a substantial
expenditure of County, Attorney and staff time in prosecuting the County's claim. Further,
expert witnesses will need to be retained if Florida Wildlife Federation is successful in
convincing the cou~ that this case involves issues of violations of the Federal Clean Water
Act and the Federal Endangered Species Act. If these issues remain in the case, it is
estimated that the case from this point could easily cost $20,000 or more to prosecute to
conclusion in the circuit court. Even if the County is successful, it is almost a certainty that
both the State and Florida Wildlife would appeal.
RECOMMENDATION: That the Board provide the Office of the County Attorney direction
in light of this report on the status of the prescriptive easement litigation and related
settlement negotiations as to whether to continue to pursue a settlement proposal to bring
back for Board consideration or to continue to prosecute the prescriptive easement case.
Michael W. Pettit,
Assistant County Attorney
Reviewed and
Approved by: _ ~~/./~'~ Date:
.. David C. Weig~eJ,
County Attorney
h:gebbie Armb'trong~ExecutiYe Sumrnaries'Cv~arshall 110600
3
r0
AGENDA ITEM '--'
NO. _~. _~
MAR 2 7 2001
EXECUTIVE SUMMARY
REQUEST FOR BOARD DIRECTION REGARDING SECTION 163.3215,
FLA. STAT., VERIFIED COMPLAINT FROM VANDERBILT SHORES
CONDOMINIUM ASSOCIATION, INC., VANDERBILT CLUB
CONDOMINIUM ASSOCIATION, INC., THE MANSIONS
CONDOMINIUM ASSOCIATION, INC., GULF COVE CONDOMINIUM
ASSOCIATION, INC., AND VANDERBILT BEACH AND BAY
ASSOCIATION, INC., CHALLENGING THE COUNTY'S APPROVAL OF
SDP-2000-108 FOR THE VANDERBILT BEACHCOMBER RESORT AS
INCONSISTENT WITH THE COUNTY'S COMPREHENSIVE PLAN
OBJECTIVE: For the Board to provide direction to the Office of the County Attorney
and staff in responding to a Section 163.3215, Fla. Stat., verified complaint (copy
attached) served upon the Board by Vanderbilt Shores Condominium Association, Inc.,
Vanderbilt Club Condominium Association, Inc., The Mansions Condominium
Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and
Bay Association, Inc., (hereinafter referred to as "Plaintiffs") challenging approval of
SDP-2000-108 for the Vanderbilt Beachcomber Resort as being inconsistent with the
County's comprehensive plan.
CONSIDERATIONS: Section 163.3215, Fla. Stat., provides a procedure by which
persons with standing who believe that an alleged development order violates a local
government's comprehensive plan may challenge that development order. Specifically,
such persons first must serve a verified complaint upon the local government and give
the local .government thirty (30) days to respond. If the local government does not
rescind it's action or respond in a way satisfactory to the complaining parties, those
parties may then file a lawsuit in Circuit Court, provided other requirements of Section
163.3215, Fla. Stat., have been met. The Plaintiffs are challenging the County's
approval of SDP-2000-108 for the Vanderbilt Beachcomber Resort as being
inconsistent with a number of the goals, objectives and policies in the County's
comprehensive plan. The approval occurred on or about January 29, 2001. Upon
review of the verified complaint, neither the staff nor the Office of the County Attorney
see eny basis for the Board to rescind or further review the approval of SDP-2000-108.
FISCAL IMPACT: If litigation ensues, there will be an indirect cost to 'the Board in
terms of staff time and attorney time in preparing for and defending the suit. There also
may be~additional costs to the extent it becomes necessary to hire outside consultants
to assist in defense of the suit.
GROWTH MANAGEMENT IMPACT: Unknown at this time.
RECOMMENDATION:
approval of SDP-2000-108.
That the Board take no action to rescind or further review the
A C-.-.-.-.-.-.-.-.-~N D A ITE
No. q -
MAR 2 ? 2001
]
P~._
Prepared by:
Michael W. Pettit,
Assistant County Attorney
Date:
Reviewed and
Approved by:
David C. Weigel,
County Attorney
Date:
h:Litigation/ExSumNand ShoresvsCCverif comp/031601
2
AGENDA ITEM
MAR 2 7 2001
BEFORE THE BOARD OF
COUNTY, FLORIDA
COUNTY COMMISSIONERS
Vanderbilt Shores Condominium Association,
Inc.,Vanderbilt Club Condominium Association,
Inc., The Mansions Condominium Association,
Inc., Gulf Cove Condominium Association, Inc.,
and Vanderbilt Beach and Bay Association, Inc.,
Plaintiffs,
V.
Collier County, Florida,
Defendant,
VERIFIED COMPLAINT
OF COLLIER
R£S,~.,W-/.; G~uN I~' ~DMINISTRATORS OFFICE
ACTION,
~ILE_
Case No.
The Vanderbilt Shores Condominium Association, Inc., the Vanderbilt Clubi!'~' '
Condominium Association, Inc., The Mansions Condominium Association, Inc., the
Gulf Cove Condominium Association, Inc., and the Vanderbilt Beach and Bay
Association, Inc., (the "Association"), and by and through their undersigned
attorney, file this verified complaint with the Board of County Commissioners of
Collier County, Florida, (the "County") pursuant to {}163.3215(4), F.S., and say:
PARTIES
1. The defendant County is a political subdivision of the State of Florida and
is responsible for implementing and enforcing the requirements of the Local
Government Planning and l~and Development Regulation Act, Chapter 163, Part II,
Florida Statutes (the "Act"), including the statutory requirement to adopt'a local
comprehensive plan and to insure that all development orders
1
aP, IilIENO~[J_ .'~the
NO. ~
MAR 2 7 2001
Pg. ~
County are consistent with the County's Comprehensive Plan (the "Plan").
2. The Associations are non-profit organizations formed of and by the
owners of condominium homes adjacent to or across the street from the proposed
Vanderbilt Beachcomber Resort (the "Resort"). Each Association is organized to
preserve and protect the homes and value of the condominium, to maintain and
protect the common areas of the condominium, to assess and preserve the safety of
the environment in and around their homes including safe public access to and from
their property and in every event to prevent nuisances, encroachments and/or
unlawful interference with the uses, utility, benefits and protections afforded by the
approved Collier County Comprehensive Plan (the "Plan") enjoyed by their
members. Each Association and the homeowners they represent will be directly
and adversely impacted by the County's approval of SDP-2000-108.
GENERAL ALLEGATIONS COMMON
TO ALL PLAINTIFFS
3. On January 26, 2001, (or January 29, 2001) the County approved SDP-
2000-108 for the Resort; although this approval is inconsistent with a number of
Goals, Objectives and Policies in the Plan which protect the Associations and their
members.
Florida's Growth~Management Act (the "Act") requires that all actions
taken by local government in regard to development orders, such as Site
Development Plan ("SDP") approval for the Resort, be consistent
2
with the approved
AGENDA ITEM
q
MAR 2 7 2001
pg. t-..I ,
local Plan, and provides for citizen enforcement of consistency of development
orders with the Plan.
5. Section 163.321511), F.S., says that "[a]ny aggrieved or adversely affected
party" may bring a civil action for injunctive or other relief against any local
government to prevent the local government "from taking any action on a.
development order ... which materially alters the use or density or intensity of use"
on .property in a manner that is not "consistent" with the .adopted local
comprehensive plan.
6. §163.319413)(a) and (b), F.S., define "consistency" as follows:
"(a) A development or land development regulation shall be consistent with
the comprehensive plan if the land uses, densities or intensities, and other as
of development permitted by such order or regulation are compatible with
and further the objectives, policies, land uses, and densities or intensities in
the comprehensive plan and if it meets all other criteria enumerated by the
local government.
"(b) A development approyed or undertaken by a local government shall be
consistent With the comprehensive plan if the .land uses, densities or
intensities, capacity or size, timing, and other aspects of the development are
compatible with and further the objectix/es, policies, land uses, and densities
or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government."
7. As a condition precedent to seeking judicial relief pursuant to
§163.321511), an aggrieved or adversely affected party must, in accordance with
§ 163.321514), file a verified complaint with the local government within thirty (30)
days after the allegedly inconsistent action on a development order. This verified
3
A~DA lT[Ivi
NO. _ q (~55
WAR 2 7 2001
Pg.__ ~
Complaint was filed on Monday, February 25, 2001, the next working day
immediately following expiration of the 30 day period.
8. The property on which the Resort is planned consists of .9 acres on lots
50 and 51 of Block D of Vanderbilt Beach Estates Unit 1.
STANDING
9. The plaintiffs are aggrieved or adversely affected parties as defined in
§t63.3215(2). The interests of the plaintiffs and their members exceed in degree
the general interest in community good shared by all persons in that they reside
immediately contiguous to the Resort project and will be adversely affected by this
major construction project.
10. As a result of the County's approval of SDP-2000-108, the Associations
will suffer an adverse effect to interests protected or furthered by the County's
Comprehensive Plan, including interests related to land use, densities and intensities
of development, transportation facilities, conservation, natural resources and coastal
zone management.
APPROVAL OF SDP-2000-108 IS INCONSISTENT WITH
THE COLLIER COUNTY COMPREHENSIVE PLAN
11. The Collier County Comprehensive Plan contains a Conservation and
Coastal Management Element ("CCME") and a Future Land Use Element
("FLUE"). The FLUE designates the entire Vanderbilt Bay area, including all
property on Gulf Shore Drive, within (1) the Urban Residential Su}
4
district, and (2)
AGENDA ITEM
MAR 2 7 2001
. Pg.
the "Coastal High Hazard Area". The Plan places limitations on construction in
this Subdistrict and this "Area" which are inconsistent with approval of' SDP-2000-
108.
12. Policy 5.2 under Objective 5 states that "all development" shall be
consistent with the Plan and if not found consistent, "shall not be permitted". The
inconsistencies noted above and below demonstrate a conflict with Policy 5.2.
13. The Resort is also located within the "Coastal High Hazard Area".
Objective 12.1 states that the County must "encourage the undertaking of activities
necessary to adoption by 1994, of hurricane evacuation time for a Category 3 storm
of a maximum of 28 hours and by 1999, 27.2 hours. Activities will include . . .
maintenance of equal or lower densities of the Category 1 hurricane vulnerability
zone in the land use plan." The Resort has recently received approval of an
increase in density from approximately 8 units per acre to at least 68 units per
acre, in conflict with this Objective.
14. Objective 12.2 says the County shall ensure that building and
development activities are 'carried out in a manner which minimizes the danger to
life and property from hurricane~." Increasing the density of a hotel for this .9
acres site from 8 to 68 units is not consistent with ensuring that development
activities minimizes the danger to life and (especially) property from hurri'canes,
since the danger to a new 68 unit hotel will be increased.
AGEND.~ITF. M
MAR 2 7 2001
Pg.. ""7
15. Policy 12.2.2 requires the County to calculate the needs for public
facilities based on adopted levels of service standards and future growth projections
with the coastal high hazard area. The Future Land Use Element limits new
residential development, (thus obligation to infrastructure expenditures) to a
maximum of 45 dwelling units per gross acre with the coastal high hazard area. In
addition, existing zoning not vested shall be. re-evaluated within three years and
may change to a density level consistent with the FLUE. Approval of this SDP at
a level of 68 units on .9 acre is inconsistent with this policy not to mention the
Objective.
16. The other policies, goals and objectives in the CCME which are
inconsistent with SDP2000-108 are listed below. Please request any more complete
or thorough explanation in the event that the inconsistencies are not readily
apparent: Policy 1.3.1 (relating to Natural Resources Protection Areas), especially
deferring development in NEPAs; Goal 2 The county shall protect is surface and
estuarine water resources; Policy 2.1.1, evaluating cumulative impacts; Objective
2.2, All discharges into canals or estuaries shall meet Federal water qualities; Policy
Restrict development activities where such could adversely impact coastal water
resources; Objective 2.5, require development to meet its current standards
addressing stormwater management; Policy 2.5.1, identify land use activities'which
have the potential to degrade the estuarine system (like a 68 unit hotel); Goal 6,
AC-~DA IIF. M
6 NO. qt_'B_)
, MAR 2 7 2001
PI~. <~
The County shall protect, conserve .... its wildlife habitat, including manatees
which frequent the estuary behind the proposed hotel and marina, and Policies
6.1.2, 6.1.4, 6.1.5, and 6.1.8 thereunder; Objective 6.2, There shall be no
unacceptable net loss of viable naturally functioning marine . . . wetlands, and
policies 6.2.2, 6.2.3, and 6.2.7 thereunder; Objective 6.6: There shall be no net loss
of important, viable, naturally occurring, submerged, marine habitat, and policies
6.6.1 and 6.6.2 thereunder; Goal 7, The County shall protect its fisheries and
wildlife and policy 7.2.3 thereunder; Goal 10 which states that "The County shall
protect, conserve, manage and appropriately use its coastal barriers including
shorelines, beaches and dunes and will plan for and where appropriate, will restrict
activities where such activities will damage or destroy coastal resources; and
Policies 10.1.t and 10.1.3 thereunder which do not give hotel uses, residential or
otherwise, any priority, and policy 10.1.5 which discourages marinas in order to
protect manatees; Policy 10.3.12 which requires the use of PUDs for new
developments or redevelopments proposed to take place with areas identified as the
Coastal Barrier System; Objective 10.4 which says developed barriers and
developed shorelines shall be continued to be restored and then maintained, when
approPriate, by establishin§ mechanisms or projects which limit the effects of
development and policies 10.4.1, 10.4.2, 10.4.3, 10.4.7 and 10.4.13 thereunder;
Objective 10.6 and policies 10.6.1, 10.6.2, 10.6.3, and 10.6.4 thereunder.
AGFJqDA ITEM
7 NO. ct ('1~5~'~
MAR 2 7 2001
Pg. c]
17. Goal 12 of the CCME requires the County to "make every reasonable
effort to ensure the public safety" and "welfare of people and property_ from the
effects of hurricane storm damage". Approval of this conditional use in
conjunction with a "major expansion" of the hotel on a barrier beach is not a
reasonable effort to protect property, much less people, from hurricane damage.
18. Objective 12.1 requires the County to "encourage" activities such as
maintenance of equal or lower densities" in the category 1 hurricane vulnerability
zone. Allowing major expansion of a nonconforming Use -- nonconforming by
virtue of having a density 30% greater than now permitted -- directly on the barrier
shoreline conflicts with this objective. Similarly, Objective 12.2 requires that the
County "ensure that building and development activities are carried out [to]
minimize danger to life or property from hurricanes". This major expansion and
new conditional use will expose more property and people to danger from
hurricanes since is directly on the beach.
19. Also, Objective 12.2 contains the statement: "All future unimproved
requests for development in the coastal high hazard areas will be denied".
20. Policy 12.2.3 requires the County to participate in the National Flood
Insurance Program ("NFIP"). This program prohibits certain kinds of construction,
or improvements to existing construction, in "(v)" zones, which zones include the
hotel. The proposed major expansion proposed exceeds the limits on improvements
AGENDA ITEM
8 MAR 2 7 2001
to existing structures contained in the NFIP. The approval contained no studies or
requirements for meeting the NFIP re luirements.
216. These and other provisions in the CCME and FLUE, defining and
limiting uses in the coastal high hazard area, taken as a whole, prohibit approval
of this SDP. The County's approval constitutes a violation of both the Act and the'
County's own Plan.
Pursuant to Section 163.3215(4), Florida Statutes, you are hereby requested
to reply to this verified complaint within 30 days from the date of serx'ice hereof
as required by law.
As required by Florida Statutes, §92.525, the individuals signed below, for
himself or herself and for the associations they represent affirm and state as
follows: Under penalties of perjury, I declare that I have read the foregoing
V~..~.~,d C om,.~_pla~nt and that_the facts stated in it are true:
~..'aZ~_,.7~- 57. t.-//~ 5 ~:-~ ' (Printed Name)
as an authorized Officer of the Vanderbilt Shores Condominium Association, Inc.
~s an am'hofized Offi. zcer~of the V?nderbilt Club Condominium Association, Inc.
/,'~%,-~-,../, //. ,,~..,,,/_,a.,//,::. ~-" (Printed Name)
as -ar~ autho/5:z~d Offic~'r of The Mansions Condominium Association, Inc.
as an auth6rized Officer of Gulf Cove Condominium Association, Inc.
9 AOJENDAJTEM
t~o..
MAR 2 ~ 2001
0 FI K l) X, 1,4/.[,~ [..,??~' i -':- (Printed Name)
as an authorized Officer of the Va;~derbilt Beach aud Bay Association, Inc.
WHEREFORE, the plaintiffs request that the County determine that approval
of SDP-2000-108 is inconsistent with the Plan and rescind approval of SDP-2000-
10g.
Respectfully submitted to and serve~on the County on February 2~, 200/
/
,/ , L-~'" ~ ~..
David W. Rynders, l~sq.
/. .
Attorney for the Plamtxffs
Fla. Bar No. 129235
305 Wedge Drive
Naples, Florida 34103
Ph:(941) 434-8370, Fax: (941) 434-8310
10
AGENDA ITEM
MAR 2 7 2001
Pg.
EXECUTIVE SUMMARY
RECOMMENDATION, PURSUANT TO COLLIER COUNTY
RESOLUTION NO. 95-632, THAT THE BOARD OF COUNTY
COMMISSIONERS AUTHORIZE THE OFFICE OF THE COUNTY
ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO
RETAIN OUTSIDE COUNSEL TO REPRESENT AN INDIVIDUAL
COUNTY EMPLOYEE SUED IN RICKETTS V. COLLIER COUNTY,
CASE NO. 2:01-CV-76-FTM-29DNF, UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF FLORIDA, AND WAIVE THE
PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE
SELECTION OF OUTSIDE COUNSEL.
OBJECTIVE: For the Board to authorize the Office of the County Attorney and the
Risk Management Department to seek and retain counsel for an individual county
employee sued in Ricketts v. Collier County, Case No. 2:01-CV-76-FTM-29DNF, United
States District Court for the Middle District of Florida, and waive the Purchasing Policy
for purposes of retention of the outside counsel to the extent such a waiver is
necessary.
CONSIDERATIONS: Resolution No. 95-632 sets forth the Board's policy with regard
to providing legal defenses and paying legal expenses of county staff who are sued in
civil rights lawsuits. A copy of Resolution No. 95-632 is attached. The County and
Solid Waste employee Anthony Asaro have been sued in Ricketts v. Collier County, for
alleged civil rights violations. The Office of the County Attorney and the Risk
Management Department recommend that Mr. Asaro be provided legal counsel in
accordance with Resolution No. 95-632. The Office of the County Attorney will
represent the County in the lawsuit.
Given that suit has already been filed, it is imperative that investigation of the complaint
be commenced as soon as possible. Accordingly, based on these exigent
circumstances and in the best interest of the County, it is further recommended that the
Board waive the Purchasing Policy to the extent it applies to procurement of legal
services under Resolution No. 95-632 and authorize the Office of the County Attorney in
conjunction with the Risk Management Department to seek and retain counsel for Mr.
Asaro by the most expeditious means possible. The Office of the County Attorney and
Risk Management Department will proceed by identifying an attorney or attorneys who
have experience in civil rights matters and making contact with that attorney or those
attorneys to determine their interest, rates and capabilities.
FISCAL IMPACT: The hourly charges for most litigation attorneys who would be
retained to represent the employees in a case such as this would likely run in the
neighborhood of $150.00 per hour or greater. To the extent it is not possible to retain
experienced counsel ranging from $150.00 to $175.00 per hour, the County Attorney
and the Risk Management Director will report back to the Board. The '"'"~r.J~[~,~"
NO. "1(c')
t,4AR 2 7 2001
........... L ...... J~,
be aware that should it be necessary for this case to be taken through the trial process,
outside counsel fees could be in the $40,000.00 range. Funds to defray these
attorney's fees would come from the County's Property and Casualty Self Insurance
Retention Fund No. 516.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve the retention of an attorney to
represent Mr. Asaro in the named lawsuit and waive the Purchasing Policy to the extent
necessary and authorize the Office of the County Attorney and the Risk Management
Department to seek and retain the attorney with rates not to exceed a range of $150.00
to $175.00 per hour.
PREPARED BY:
Michael W. Pettit,
Assistant County Attorney
Date:
Risk Management Director
Date:
REVIEWED BY: Date:
APPROVED BY:
Steve Carnell,
Purchasing Director
David C. Weigel,
County Attorney
Date:
h:Litigation/ExSum/Ricketts/031601
2
^GF. ND~ ~
NO. '-'t LC )
M,~.,~ 2 7 2001
Pg.
RESOLUTION NO. 95- 632
A RESOLUTION BETTING FORTH THE POLICY OF THE BOARD
OF COUNTY COMMZBBIONERB WITH REGARD TO PROVIDING A
I LEGAL DEFENBE AND PAYING LEGAL EXPENBEB OF COUNTY
COF~fZBBZONERB~ COUNTY STAFF AND COUNTY ADVZBORY
BO~I~D NEHBERB.
NHEREAS, the Board of County Co~issioners and ~he Collier
County management and legal staff are constantly presented with
the necessity for making decisions regarding all phases of
County policy, management and legal counsel, respectively; and
N~rlEREAS, local governments and their employees have
.recently become subject to increasing numbers of lawsuits based
upon state and federal laws; and
I~IE~EAS, it is essential to the effective operation of
County government that policy, management and legal decisions
be made competently, in the public interest, and with the
threat of personal liability for board and staff members for
making said decisions being maintained at a minimum so as to
avoid the "chilling effect" on the proper and diligent
performance of public duties recognized by the Florida Supreme
Court in Thornber v. City of Fort Walton Beach, 568 So.2d. 914
(1990); and
WHEREAS, Florida statutory and case law, as well as
Attorney' General opinions (hereafter referred to as "AGO"), set
forth the requirements and discretion which are afforded to the
local governing body to formulate a policy regarding the
provision of counsel and payment of legal expenses for Board
members, County staff and advisory board members who are
involved in litigation arising out of or in connection with the
performance of official duties and while serving a valid public
purpose; and
WHEREAS, Collier County insurance policies currently
include County employees as well as Board members and members
of the Administrator's and County Attorney's staff within the
scope of coverage, provided that said persons are acting within
the scope of their employment and do not act cr~~.~
fraudulently; and ~0. ~
2 ? 2001
WHEREAS, the B6ard of County Commissioners (hereafter also
referred to as "Board") desires to hereby set forth and
f~rmalize its policy with regard to the provision of legal
counsel and the payment of legal expenses incurred by County
Commissioners and administrative and legal staff so as to
promote competent decisions and conduct in the public interest
While reducing the threat, intimidation and chilling effect on
performance of official duties created by potential personal
liability for County Commissioners and County staff members
.while acting in the scope of their official duties and while
serving a valid public purpose.
WHEREAS, the various advisory boards, quasi-judicial
boards and regulatory boards (hereafter also collectively
referred to as "advisory board(s)") formed by the Board of
County Commissioners, and the members thereof who are appointed
by the Board of County Commissioners, serve a critical function
with regard to the operation of Collier County Government; and
WHEREAS, the members of such boards serve on a volunteer
basis without compensation for the time spent in performing
their duties and functions; and
WHEREAS, said boards and board members are regarded by the
Board of County Commissioners as being within the umbrella of
legal protection afforded to the Board of County Commissioners
and other Collier County employees; and
WHEREAS, the Board hereby desires to set forth and
formalize its policy with regard to the provision of legal
counsel and the payment of legal expenees incurred by advisory
board members so as to promote icompetent decisions and conduct
in the public interest while reducing the threat, intimidation
and chilling effect on performance of official duties created
by potential personal liability for advisory board members
while acting in the scope of their official duties and while
serving a valid public purpose.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD CF
AGENDA ITEM
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
-2- 2 7 2001
1. Dsfinition' of "county ~erson(s),,~ As used in this
Resolution, the term "County person(s)" shall mean and include
the~ members of the Board of County Commissioners, the County
Administrator and his staff, the County Attorney and his staff,
all employees cf the Board of County Commissioners as well as
the Collier County Airport Authority Director and his staff,
the Director and staff of any other County-created authority,
the officers and staff of any dependent or other special
district for which the Collier County Board of County
Commissioners is the governing body or ex-officio the governing
body thereof, and any person appointed by the Board of County
Commissioners to a Collier County Advisory Board,
quasi-judicial board or regulatory board formed by the Board of
County Commissioners of Collier County, Florida.
2. Pursuant to Section 111.07, Florida Statutes, and
Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla.
1990), the Board hereby resolve~ to provide legal
representation to County persons in civil a=tions and in civil
rights actions subject to the limitations set forth herein.
a. Legal representation shall be provided in civil
actions and in civil rights lawsuits only if the
litigation involving the County person to be
represented arises out of or in connection with
the performance of official duties and while
said County person was serving a valid public
purpose. No representation shall be provided in
tort actions if the County person acted or
failed to act 'in bad faith, with malicious
purpose, or in a manner exhibiting wanton and
willful disregard of human rights, safety or
property. No representation shall be provided
to any County person in a civil action or civil
rights action where said County person acted or
failed to act with intent to ha~q~. No
A C-. -. -. -. -. -. -. -. -. ~N D A ITEM
representation shall be provi~ed N~. anyq(~se
--3--
2 ? 2001
pg. .~--
bo
wher~ the County person has willfully failed to
follow the legal advice furnished by the Office
of the County Attorney, unless the Board of
County Commissioners specifically finds, at a
public meeting, that said failure to follow
legal advice was for reason(s) within the County
person's scope of employment and served a valid
public purpose.
Collier County shall at all times have the
discretion to determine whether to directly
represent such individual through the County
Attorney's office or to select counsel to
represent said County person in the civil action
or civil rights action. If a County person
chooses to obtain private legal counsel without
prior authorization from Collier County, all
fees and/or costs incurred by such person shall
be the sole responsibility of said person and
Collier County shall accept no responsibility
for payment of legal fees and/or costs.
Any legal fees and/or costs properly payable
under this Policy must be reasonable in amount.
Pursuant to Section 111.07, Florida Statutes,
any attorney's fees and/or costs paid or
incurred by the County for any County person who
is found to be personally liable by virtue of
acting outside the scope of employment, in bad
faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human
rights, safety or property, may be recovered by
the County in a civil action against such County
per~on.
Notwithstanding anything else stated in this
section or this Resolution, the Boa] o sR~N~R~EM
the sole and absolute discretion a~w~~-~
-4- 2 7 2001
Pg ...... (O
Section 111.07, Florida Statutes, as well as by
applicable case law, to not provide legal
; representation and to instead reimburse any
County person for reasonable attorney fees
and/or costs in the event that said County
person prevails in the civil or civil rights
action.
3. Pursuant to Sections 111.071 and 111.072, Florida
Statutes, the County shall pay for final Judgments, settlements
and/or costs involving county persons in civil actions and in
civil rights actions subject to the limitations provided
herein.
Collier County shall pay final judgments,
settlements and/or costs involving County
persons only where the litigation arose out of
or in connection with the performance by the
County person of official duties and while
serving a valid public purpose. No final
judgment, settlement or costs shall be paid for
by the County in a civil action or a civil
rights action if the County person against whom
the final judgment, settlement and/or costs have
been imposed has acted or failed to act with
intent to harm. The County shall not pay any
final judgment, settlement and/or costs in tort
actions where a County person has acted or
failed to act with bad faith, malice or with
wanton and willful disregard of human rights,
safety or property. No judgment and/or costs
shall be paid in any case where the County
person has willfully failed to follow the legal
advice furnished by the Office of the County
Attorney, unless the Board
Commissioners specifically finds
meeting, that said failure to
--5--
of County
AGENDA ITEM
leqal
2 ? 2001
advide was for reasons within the County
person's scope of employment and served a valid
I public purpose.
b. Any final judgments, settlements and/or costs
paid or incurred by the County shall be in
strict adherence with the sovereign immunity
~ recovery limits set forth in Section 768.28,
Florida Statutes.
c. If the County person has had private legal
representation in the case, contrary to the
provisions of Section (2) (b) of this Policy, any
final judgment, settlement and/or costs imposed
shall be the sole responsibility of said person
and Collier County shall accept no
responsibility for payment of the final
judgment, settlement and/or costs.
d. Pursuant to Section 111.071(4), this section is
Dot intended to be a waiver of sovereign
immunity or a waiver of any other defense or
immunity to such lawsuits.
4. In cases where a County person is formally charge4
with a criminal violation, the County shall pay the legal fees
and/or costs incurred by said County person only under the
following circumstances:
a. The charges against the County person arose out
of or in connection with the performance of
official duties and while serving a valid public
purpose.
b. The County person has been acquitted or the
charges dismissed. L~melo v. City of sunrise,
423 So. 2d. 974 (4th DCA 1982), pet. for rev.
dismissed at 431 So.2d. 988 (Fla. 1983), and AGO
89-33.
The legal fees and/or costs
reasonable in amount.
--6--
NO. _. q(['_)
H.',F: 2 7 2001
5. The County shall pay legal fees and/or
by County persons in cases involving formal
--7--
T
The County person has first notified the County
administration and legal staff of the pendency
of the charges and has permitted the County the
opportunity to either directly provide counsel
or to allow said County person to choose his/her
own counsel.
The charges have not resulted from the willful
failure of the County person to follow the legal
advice furnished by the Office of the County
Attorney, unless the Board of County
Commissioners specifically finds, at a public
meeting, that said failure to follow legal
advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
The legal fees and/or costs incurred by a County
person during the investigatory, pre-charge
stages of a criminal case shall be paid by the
County only for proceedings involving potential
criminal liability for the County person and
where the allegations are ultimately determined
to be unfounded and to have arisen from conduct
related to the performance of official duties
and while serving a valid public purpose. AGO
94-11. The provisions of Subsections 4b, c, d
and e of this Resolution shall also govern these
Cases.
In the event that the County person has been
provided legal representation by the County and
the County person is found guilty of a criminal
charge, the County may recover from the County
person in a civil action all legal fees and/or
costs paid or incurred by the County.
2 7 2001
Pg. q
subject to the limifations provided herein:
a. The ethics charges arose from conduct related to
the performance of official duties and while
serving a valid public purpose. Ellison v. Reid,
397 So. 2d. 352 (1st DCA 1981) and AGO's 85-51
and 90-74.
The County person has prevailed and successfully
defended against the ethics charges.
The legal fees and/or costs charged are
reasonable in amount.
The County person has first notified the County
administration and legal staff of the pendency
of the charges and has permitted the County the
opportunity to either directly provide counsel
or to allow said County person to choose his/her
own counsel.
The charges have not resulted from the willful
failur~ of the County person to follow the legal
advice furnished by the Office of the County
Attorney, unless the Board of County
Commissioners specifically finds, at a public
meeting, that said failure to follow legal
advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
The legal fees and/or costs incurred by a County
person during the investigatory, pre-charge
stage= of an ethics complaint shall be paid by
the County only for proceedings involving
potential civil and/or criminal liability and/or
ethics sanctions for the County person and where
the allegations are ultimately determined to be
fe
unfounded and to have arisen
related to the performance of
and while serving a valid public
--8--
from conduct
PUZ~l~.~ e ·
MAR 2 ? 2001
94-11'. The provisions of Subsections 5b, c, d
and e of this Resolution shall also govern these
i cases.
g. In ~he event that the County person has been
provided legal representation by the County and
the County person is found by the Florida Ethics
Commission or other appropriate tribunal having
jurisdiction over the case to have committed
ethical violations, the County may recover from
the County person in a civil action all legal
fees and/or costs paid or incurred by the
County.
h. Nothing in this section shall be construed to
preclude the County Attorney from requesting
formal or informal ethics opinions on behalf of
one or more commissioners.
6. The County shall pay legal fees and/or costs incurred
by County persons in casss involving non-county a~ministrative
and/or regulatory proceedings and/or formal charges subject to
the limitations provided herein:
a. The proceedings and/or charges arose from
conduct related to the performance of official
dutie~ and while ~erving a valid public purpose.
b. The County person has prevailed and successfully
defended against the proceedings and/or charges.
c. The legal fees and/or costs charged are
reasonable in amount.
d. The County person has first notified the County
Administration and legal staff of the pendency
of the proceedings and/or charges and has
permitted the County the opportunity to directly
provide counsel or to allow said County person
to choose his/her own counsel.
The charges and/or proceedings have
from the willful failure of the
--9--
by individual members of the Board of County Comm
instituting, as opposed to defending, litigation o
-10-
follo~ the legal advice furnished by the Office
of the County Attorney, unless the Board of
County Commissioners specifically finds, at a
public meeting, that said failure to follow
legal advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
f. The legal fees and/or costs incurred by the
County person during the pendency of the
proceedings and/or the investigatory, pre-charge
stages of an administrative or regulatory case
shall be paid by the County only for proceedings
and/or charges involving potential civil and/or
criminal liability and/or administrative/
regulatory sanctions for the County person and
where the allegations are ultimately determined
to be unfounded and to have risen from conduct
related to the performance of official duties
and while serving a valid public purpose. AGO
94-11. The provisions of Subsections 6b, c, d
and e of this Resolution shall also govern these
Cases,
g. In the event that the County person has been
provided legal representation by the County and
the County person is found, by an administrative
or regulatory agency or other appropriate
tribunal having Jurisdiction over the case, to
have civil or crliminal liability and/or to have
violated administrative or regulatory rules, the
County may recover from the County person in a
civil action all legal fees and/or costs paid or
incurred by the County.
The County shall pay legal fees and/or costs incurred
of the following circumstances are present:
a. The litigation arises from or in connection with
I the Board members performance of official duties
and the litigation serves a valid public
purpose.
b. This section shall apply only to members of the
Board of County Commissioners and not to any
other "County person" defined in Section I of
this Resolution.
c. The Board member must prevail in said
litigation.
d. The legal fees and/or costs are reasonable in
amount.
e. The Board member shall have first notified the
Board of County Commissioners, the County
Administrator and the County Attorney prior to
the commencement of the litigation and shall
have permitted the County the opportunity to
either directly provide counsel or to allow said
Commissioner to choose his/her own counsel.
f. The litigation has not resulted from the willful
failure to follow the legal advice furnished by
the Office of the County Attorney, unless the
Board of County Commissioners specifically
finds, at a public meeting, that said failure to
follow legal advice was for reasons within the
Commissioner's scope of employment and served a
valid public purpose.
g. In the event that the Commissioner has been
provided legal representation by the County and
the Commissioner does not prevail in the
litigation, then the County may recover from the
Commissioner in a civil action all legal fees
and/or costs paid or incurred by the
AGENDA ITEM.
8. Ail preliminary decisions adminis~ ~ri~._a_n~
M,'.2 2 7 2001
implementing this policy shall initially be made by the County
Administrator and/or his designee and the Office of the County
Attorney in cooperation and consultation with each other's
respective offices. Both offices are hereby delegated the
power to make any lawful and reasonable investigation and
evaluation of cases arising under this policy. Said evaluation
shall take into account all available relevant information in
addition to the nature, type, number and substance of the
allegations contained in any' pleadings filed and/or served in
any legal proceeding. All final determinations regarding the
implementation and administration of this policy shall be made
only by the Board of County Commissioners which is in
accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board
shall, also make all final determinations regarding the
provision of a legal defense and/or paying legal expenses of
County persons for any type of legal claim or suit arising from
a County person's performance of official duties while serving
a valid public purpose if said type of claim or suit is not
specifically addressed by this Resolution.
9. Collier County Board of County Commissioners
Resolution Noe. 85-126 and 85-178 are hereby repealed and
superseded in their entirety.
This Resolution adopted after motion, second and majority
vote favoring same.
DWIGHT' E i .. BROCK, Clerk
Approved as to form and
leg~ 1.',[ su'ffic iency:
BOARD OF COUNTY COMMISSIONERS
-Ramiro Mah~lich
Chief Assistant County Attorney
5373
--12--
AGEND&~M
NO. ~. (~_.
M,'.S 2 7 2001
NOTICE OF CLOSED ATTORNEY-CLIENT SESSION
Notice is hereby given that the Board of County Commissioners of Collier County, as
announced at the Growth Management Workshop Board's meeting on March 16, 2001, and
pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney-client)
session on TUESDAY, MARCH 27, 2001 in the Commission conference room, 3rd Floor, W.
Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The closed session will occur during the County Attorney's Report, which will be heard
after all other regular agenda items, and will be attended by the members of the Board, the
County Manager, the County Attorney and Assistant County Attorney Michael W. Pettit. The
Board in executive session will discuss:
Settlement negotiations and/or strategy related to litigation expenditures of
the pending litigation case of KIMBERLY D. DALTON v. ISLE OF CAPRI
FIRE AND RESCUE DISTRICT, a division of COLLIER COUNTY, a local
county government, Case No. 99-534-CIV.FTM-29DNF, pending in the U.S.
District Court, Middle District, Fort Myers Division.
The entire session shall be recorded by a certified court reporter. The reporter shall
record the times of commencement and termination of the session, all discussion and
proceedings, the names of all persons present at any time, and the names of all persons speaking.
No portion of the session shall be off the record. The court reporter's notes shall be fully
transcribed and filed with the entity's clerk within a reasonable time after the meeting.
The session shall commence at an open meeting at which the persons chairing the
meeting shall announce the commencement and estimated length of the attorney-client session
and the names of the persons attending. At the conclusion of the attorney-client session, the
meeting shall be reopened and the person chairing the meeting shall announce the termination of
the session. The Board shall then proceed to hear Agenda Item 9.E., Board direction regarding
settlement negotiations and litigation expenditures in the Case of KIMBERLY D. DALTON v.
ISLE OF CAPRI FIRE AND RESCUE DISTRICT, a division of COLLIER COUNTY, a local
county government, CASE NO. 99-534-CIV-FTM-29DNF, pending in the U.S. District Court,
Middle District, Fort Myers Division.
The transcript shall be made part of the public record upon conclusion of the litigation.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
(SEAL)
AGENDA IT~~
NO.
MA2 2 7 2001
EXECUTIVE SUMMARY
REQUEST FOR BOARD DIRECTION REGARDING SETTLEMENT
NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE CASE OF
KIMBERLY D. DALTON V. ISLE OF CAPRI FIRE AND RESCUE
DISTRICT, A DIVISION OF COLLIER COUNTY, CASE NO. 99-534-CIV-
FTM-29DNF, PENDING IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA (COMPANION ITEM TO
AGENDA ITEM 9.D TO BE HEARD IMMEDIATELY AFTER AGENDA
ITEM 9.D).
OBJECTIVE: For the Board of County Commissioners to provide direction to the
Office of the County Attorney and the Risk Management Department with respect to
settlement negotiations and litigation expenditures in the case of KIMBERLY D.
DALTON v. ISLE OF CAPRI FIRE AND RESCUE DISTRICT, Case No. 99-534-CIV-
FTM-29DNF, which is pending in the United States District Court for the Middle District
of Florida.
CONSIDERATIONS: The Case of KIMBERL Y D. DALTON v. ISLE OF CAPRI FIRE
AND RESCUE DISTRICT, involves allegations by the Plaintiff of sexual discrimination
and hostile work environment. Mediation has taken place in the case and a settlement
offer of $30,000.00 has been received from the Plaintiff. Pursuant to Section 286.011
(8), Fla. Stat., the Office of the County Attorney will meet with the Board in closed
session to discuss settlement negotiations and strategy for litigation expenditures
related to the case. As a result of said session, the Office of the County Attorney will
need direction from the Board with regard to the pending settlement proposal,
settlement negotiations and litigation expenditures for the case.
FISCAL IMPACT: The fiscal impact depends on whether any settlement amount is
authorized by the Board. Funds for any such settlement payment are available in the
Property and Casualty Self Insurance Retention Fund.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That the Board direct the Office of the County Attorney and
Risk Management Department in regard to settlement negotiations and litigation
expenditures in the case of KIMBERL Y D. DALTON v. ISLE OF CAPRI FIRE AND
RESCUE DISTRICT.
PREPARED BY:
Michael W. Pettit,
Assistant County Attorney
AGENDA ITEM
NO.
MAR 2 7 2001
REVIEWED BY: Date: ..~,/~/~/?-',
APPROVED BY:
Je~ V~'lker, CPCUARM
Risk Management Director
David C, Weigel, ~-~
County Attorney
Date:
h:Litigation/OpenCases/Dalton/ExSum/031601
2
AGENDA ITEM
NO. __~
I~AR 2 7 2001
NOTICE OF CLOSED ATTORNEY-CLIENT SESSION
Notice is hereby given that the Board of County Commissioners of Collier County, as
announced at the Growth Management Workshop Board's meeting on March 16, 2001, and
pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney-client)
session on TUESDAY, MARCH 27, 2001 in the Commission conference room, 3rd Floor, W.
Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The closed session will occur during the County Attorney's Report, which will be heard
after all other regular agenda items, and will be attended by the members of the Board, the
County Manager, the County Attorney and Assistant County Attorney Michael W. Pettit. The
Board in executive session will discuss:
Settlement negotiations and/or strategy related to litigation expenditures of
the pending litigation case of MAXIE D. HOLMES v. COLLIER COUNTY, a
political subdivision of the State of Florida, Case No. 2:00-CV-262-FTM-24D,
pending in the U.S. District Court, Middle District, Fort Myers Division.
The entire session shall be recorded by a certified court reporter. The reporter shall
record the times of commencement and termination of the session, all discussion and
proceedings, the names of all persons present at any time, and the names of all persons speaking.
No portion of the session shall be off the record. The court reporter's notes shall be fully
transcribed and filed with the entity's clerk within a reasonable time after the meeting.
The session shall commence at an open meeting at which the persons chairing the
meeting shall announce the commencement and estimated length of the attorney-client session
and the names of the persons attending. At the conclusion of the attorney-client session, the
meeting shall be reopened and the person chairing the meeting shall announce the termination of
the session. The Board shall then proceed to hear Agenda Item 9.G., Board direction regarding
settlement negotiations and litigation expenditures in the Case of MAXIE D. ttOLMES v.
COLLIER COUNTY, a political subdivision of the State of Florida, CASE NO. 2:00-CV-262~
FTM-24D, pending in the U.S. District Court, Middle District, Fort Myers Division.
The transcript shall be made part of the public record upon conclusion of the litigation.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
(SEAL)
MAR 2 7 2001
EXECUTIVE SUMMARY
REQUEST FOR BOARD DIRECTION REGARDING SETTLEMENT
NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE CASE OF
MAXIE D. HOLMES V. COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, CASE NO. 2:00-CV-262-
FTM-24D, PENDING IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF FLORIDA (COMPANION ITEM TO
AGENDA ITEM 9.F TO BE HEARD IMMEDIATELY AFTER AGENDA
ITEM 9.F).
OBJECTIVE: For the Board of County Commissioners to provide direction to the
Office of the County Attorney and the Risk Management Department with respect to
settlement negotiations and litigation expenditures in the case of MAXIE D. HOLMES v.
COLLIER COUNTY, Case No. 2:00-CV-262-FTM-24D, which is pending in the United
States District Court for the Middle District of Florida.
CONSIDERATIONS: The case of MAXIE D. HOLMES v. COLLIER COUNTY,
involves allegations by the Plaintiff of age discrimination arising out of the County's
decision not to hire him as an EMS helicopter pilot. A settlement offer of $100,000.00
has been received from the Plaintiff. Pursuant to Section 286.011 (8), Fla. Stat., the
Office of the County Attorney will meet with the Board in closed session to discuss
settlement negotiations and strategy for litigation expenditures related to the case. As a
result of said session, the Office of the County Attorney will need direction from the
Board with regard to the pending settlement proposal, settlement negotiations and
litigation expenditures for the case.
FISCAL IMPACT: The fiscal impact depends on whether any settlement amount is
authorized by the Board. Funds for any such settlement payment are available in the
Property and Casualty Self Insurance Retention Fund.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That the Board provide direction to the Office of the County
Attorney and Risk Management Department in regard to settlement negotiations and
litigation expenditures in the case of MAXIE D. HOLMES v. COLLIER COUNTY.
PREPARED BY:
Michael W. Pettit,
Assistant County Attorney
AGENDA ITEM
2 7 2001
Pg ........... l ..............
REVIEWED BY:
APPROVED BY:
Je~Warker, CPCUARM
Risk Management Director
David C, Weigh[ ' ~
County A~orney
Date:
Date:
h: Litigation/OpenCases/Holmes,MaxieD/ExSum/031601
AGENDA ITEM
MAR 2 7 200I
EXECUTIVE SUMMARy
APPOINTMENT OF MEMBER(S) TO THE HEALTH FACILITIES AUTHORITY
OBJECTIV.E..: To appoint 2 members to :.'~rve 4 year terms, expiring on March 27, 2005.
CONSIDERATION. S.; The Board of County Commissioners created the Health Facilities
Authority of Collier County on November 20, 1979, by Ordinance No. 79-95 in accordance with
Chapter 154 of the Florida Statutes. The purpose of the Authority is to assist health facilities in
the acquisition, construction, financing and refinancing of projects in any corporated or
unincorporated area within the geographical limits of Collier County. A list of the currem
membership is included in the backup.
There are curremly 2 vacancies on the authority. A press release was issued and resumes were
received from the following 3 interested citizens:
APPLICANT CATEGORY DIST ELECTO, R. ADV. COMM.
Anthony Rispoli CPA 3 Yes N/A
N. Rex Ashley CPA 4 Yes N/A
George C. Mohlke, Jr. Political Science 4 Yes N/A
COMMITTEE RECOMMENDATION:
George C. Mohlke, Jr.
N. Rex Ashley
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appoimment; appoint 2 members and, direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: MARCH 27, 2001
Collier County Health Facilities Authority
5150 Tamiami Trail North, Suite 602
Naples, Florida J ,1103
(941) 263-8060
Michael A. Davis
Chairman
Edward J. Oates, Jr.
Joan M. Colfer, M.D., M.P.H.
February 26, 2001
Sue Filson, Administrative Assistant
Board of County Commissioners
Collier County Courthouse, Bldg. F
Naples, FL 34112
RE: Collier County Health Facilities Authority; Appointments
Dear Sue:
The Health Facilities Authority has two vacancies, and we understand George C. Mohlke,
Jr. and N. Rex Ashley have applied for appointment. I, and the other members of the Authority are
acquainted with both of these men, and I highly recommend their appointment.
If you should have any questions or require additional information, please do not hesitate to
contact me.
Very truly yours,
Michael A. Davis
Chairman
Sam~
Robert V. Peacock
2149 Pinewoods Circle
Naples, FL 34105
District: 2
Category:
~ TableC°x
Court
Naples,
District:
Category: -
Joan Colfer
3301 E. Tamiami Trail
Naples, FL 34112
District:
Category: Health Dept. Director
Mike Davis
6120 ISthAvenue, S.W.
Naples, FL 34116
District: 3
Category:
Edward J. Oates, Jr.
2935 Bellflower Lane
Naples, FL 34105
District:
Category:
Health Facilities Authority
~Fork Phone /tppt'd Exp. Date Term
Home Phone DateRe-appt 2halF. Date 2nd Term
203-7721 06/I 6/98 06/15/02 4 Years
261-4,787
261-2554 09/27/94 09/19/98'
774-1449
4 Yeats
774-8210 04/11/00 06/15/02 2 Years
643-1777 06/16/98 06/15/02
455-2818
4 Years
11/23/99 11/23/03 4 Years
262-7160
Thttrsday, ~4pri113, 2000
Page I of 2
Health Facilities Authority
Work Phone /lppt'd ~ Date Term
Name Home Phone DateRe-appt 2ndExl~Date 2nd Term
This 5 member authority was created on November 20, '1979, by Ordinance No. 79-95 in
accordance with Chapter 154 of the Florida Statutes. The purpose of the authority is to assist
health facir;ties in the acquisition, construction, financing and refinancing of projects in any
corporated or unincorporated area within the geographical limits of Collier County. Members are
subject to filing a Financial Disclosure Form I annually with the Supentisor of Elections.
Qualifications: County Resident, 18 years of age. Terms are 4 years.
Fl. ST~I T: Chapter 154
Etaff: Donald A. Pickworth, Attorney: 263-8060
Thursday, April 13, 2000
Page 2 oi'2
MEMORANDUM
DATE: July 9, 1999
TO:
FROM:
Vinell Hills, Elections Office
Sue Filson, Administrative Assistan~ . .~ ?'~/
Board of County Commissioners
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HEALTH FACILITIES AUTHORITY
COMMISSION DISTRICT
Anthony Rispoli
241 Monterey Drive
Naples, FL 34119
N. Rex Ashley
1044 Castello Drive, #106
Naples, FL 34103
!
Thank you for your help.
- A-GE DA,
NO.
MEMORANDUM
DATE: December 11, 2000
TO:
FROM:
Vinell Hills, Elections Office
Sue Filson, Administrative Assistant~~
Board of County Commissioners
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HEALTH FACILITIES AUTHORITY
George C. Mohlke, Jr.
P.O. Box 2312
Naples, FL 34106
COMMISSION DISTRICT
Thank you for your help.
MEMORANDUM
DATE: July 9, 1999
TO: Don Pickworth
FROM:
Sue Filson, Administrative Assistant
Board of County Commissioners
Health Facilities Authority
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:
Anthony Rispoli
241 Monterey Drive
Naples, FL 34119
N. Rex Ashley
1044 Castello Drive, #106
Naples, FL 34103
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please categorize the applicants in areas of expertise. If you have any questions,
please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
IEC-14-2000 18:49 FROM:N REX ASHLEY CPA PA 9412614085 T0:?743602 P.001
N. Rex Ashley P.A.
--'"emf~O Puiolic Accoun~on~
1044 Caszello Dr · Suite.
Naples, Ronda 3~103-2994
T~-:¢phone (941) 26t-7200
Fax (g41) 261-40B5
FItX HEAOER. SHEET
DATE:
TO:
FAX #
COMMENTS:
FROM:
FAX #
(947)__261-4085 ....
COMMENTS:
TOTAL ~ OF PAGES (including cover page)
Please call (941) 261-72~0 if ~ou have any
this transmission.
questions
regarding
AGENDA/IXE~
NO, ~/..L2
)EC-14-2000 18:49 FROM:N REX ASHLEY CPA PA 9412614085 T0:?743602 P.002
N. REX ASHLEY CPA P.A.
1044 CASTELLO DRIVE # 106
NAPLES , FLORIDA 34103
December 14, 2000
Sue Fiison
Collier County Boa~l of Commissioners
Dear Sue
Please accept this letter as my request to be appointed to the
Collier County Health Facilities Financing Authority. I would like
the opportunity to contribute my time by assisting this body in its
duties.
I am attaching a brief resume of my involvement in the communily
and I would be happy to answer any questions you might have in the
consideration of my application.
N. Rex Ashley CPA /
NO. _
N. Rex Ashley
RESUME
PERSONAL:
Born:
Family:
£DUCA?ION:
PROF£SS I ONAL:
Affiliations:
Organizations:
CIVIC
September t6, 1947 Franklin, Indiana
Son - Noel
Graduated from the Collier County school system in 1965.
Graduated from Florida State University in 1969 with a B,S.
in Accounting.
Numerous continuing education courses in various areas of tax,
accounting, management, non-profit organizations and governmental
entities.
1969-1973 - Staff accountant for Tornwall, Lang & Lee, CPA's,
St. Petersburg, Florida.
1973-1978 - Partner with Ashley & Co.. CPA's, Naples, Florida.
1978-19B~ - Partner with Taylor Edenfield. Gilliam & Wiltshire,
CPA's, Naples, Florida,
19$2-Present - President of N. Rex Ashley, CPA, P.A., Naples,
Florida.
Florida Institute of CPA's
American Institute of CPA's
Tax Division of American Institute of CPA's
19?5-Present - Swamp Buggy, Inc., holding offices of treasurer,
vice president and president.
19?8-Present - Rotary International, holding local club offices
of treasurer, secretary and president.
1984-1989 -.Naples Area Chamber of Commerce.
of treasurer, vice president and president,
1991-Present - Member of Tiger Bay Club of
holding office of secretary/treasurer,
holding offices
Collier County,
1992-Present - Member of Collier County 4-H Foundation, holding
office of treasurer,
1992-1999 - Member of Collier County Edu~atl%l).
holding office of treasurer, board member.
December 10, 2000
Ms. Sue Filson
Administrative Assistant
Board of County Commissioners
3301 U. S. 41 East
Naples, FL 34112
Dear Ms. Filson:
In Saturday's Daily News, I noted that the County Board was looking for residents to
serve on several advisory committees. Based on my background and interests, I would
like to serve on the Health Facilities Authority Advisory Committee. I have resides within
Collier County since 1991, and have almost 30 years experience in health care
management and the development of numerous projects.
I have included a brief resume of my experience, and look forward to discussing this
advisory role with you.
Anth~tnY Ri~75 li
ANTHONY C. RISPOLI, MBA, CPA
RESIDENCE
241 Monterey Drive
Naples, Florida 34119
· Phone: 941.348.8316
· Fax: 941.348.8316
· E-Mail: trispoli msn.com
SUMMARY OF QUALIFICATIONS
Senior level executive with extensive fmancial background in developing and turning around
a variety of entities, both for profit and not for profit. Significant operating experience in all
facets of financial management. Extensive experience in the selection and improvement of
appropriate information technology systems for various entities.
PROFESSIONAL EXPERIENCE
2000-Present
CHIEF FINANCIAL OFFICER
Ruth Cooper Center
Fort Myers, Florida
1995-2000
PRESIDENT
Anthony C. Rispoli & Associates
Naples, Florida
Providing consulting and interim financial management for a variety of clients. Also led projects in
business development, and strategic financial management
1996-1998 Innovative Systems Development
Vice President and Chief Financial Officer
Toledo, Ohio
1991-1994
VICE PRESIDENT, EASTERN REGION
Premier Ambulatory Services/Diversified Health Centers
Naples, Florida
1983-1991
SENIOR VICE PRESIDENT, OPERATIONS AND FISCAL SERVICES
A~AffEM
Good Samaritan Medical Center
Zanesville, Ohio
1984-1991
VICE CHAIRMAN AND TREASURER
American Health Resources
Zanesville, Ohio
1980-1983
DIRECTOR OF INSTITUTIONAL SERVICES
Hutzel Hospital
Detroit Medical Center
Detroit, Michigan
1978-1980
MANAGER
Arthur Young and Company
Detroit, Michigan
1974-1978
ASSISTANT HOSPITAL DIRECTOR
Hutzel Hospital
Detroit, Michigan
LICENSES
· CPA, State of Florida
· Series 7 and 63 Registered Representative of NASD
· Health, Life and Variable Annuity Insurance, State of Florida
EDUCATION
· MBA, University of Michigan, Ann Arbor, Michigan
· BA, Rhode Island College, Providence, Rhode Island (with honors)
AOF. NDA ITeM
MEMORANDUM
DATE:
TO:
FROM:
December 11, 2000
Donald A. Pickworth
5150 N. Tamiami Trail, #602
Naples, FL 34103
Sue Filson, Administrative Assist
Board of County Commissioners
Health Facilities Authority
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:
George C. Mohlke, Jr.
P.O. Box 2312
Naples, FL 34106
Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to
serve as members on the board, and I will prepare an executive summary for the Board's
consideration. Please categorize the applicants in areas of expertise. If you have any
questions, please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
AC~.NDA rl~M
NO.
Fraser & Mohlke Associates, Inc..
37S Second Avenue South - West Rear
Post Office Box 2312
Naples, Florida 34106-2312
Telephone: (941) 262-1410 Telecopier:. (941) 262-11~0
e-mMl: framoh~aol, com
November 28, 2000
The Honorable Sue Filson
Executive Board Secretary
Collier County Board of Commissioners
3rd Floor - W. Harmon Turner Administration Building
County Government Center
Naples, Florida 34112
Dear Ms. Filson:
RE: Collier County Health Facilities Authority
In response to the notice of a vacancy, I am submitting my name for Board
consideration for the position of member of the Collier County Health Facilities
Authority, created by the County pursuant to Chapter 154, Florida Statutes,
Enclosed is a "Professional Biography" summarizing my relevant experi-
ence for you review and comment.
If you require further information, I welcome your inquiry and I will sub-
mit the required response in a timely manner.
Thank you for your consideration in this matter.
Very truly yours,
PROFESSIONAL BIOGRAPHY: GEORGE C. "CHUCK" MOHLKE, JR.
George C. "Cl~ck" Mohlke, Jr. is a cum laude graduate in Political Science
from the University of Minnesota. He is President and Market Research Director
of Fraser & Mohlke Associates, a research and public relations firm in Naples,
Florida established in 1984.
Fraser and MohlRe provides a range of market research, marketing, and
public relations services to Collier County's business community and local gov-
ernments. Prior to coming to Florida in 1969, Mr. Mohlke worked in the mar-
ket research departments of two advertising agencies and a large consumer-
products company.
Fraser & Mohlke's experience includes planning and feasibility studies for.
a variety of clients in private enterprise, non-profit organizations and govern-
ment units. The firm is completing its thirteenth consecutive public opinion
survey for Collier County government, conducted for the Florida Institute of
Government located at Edison Community College's Fort Myers campus.
In 1991, Governor Lawton Chiles appointed Mr. Mohlke as a member of
the selection committee which cho~e the site of Florida Gulf Coast University
[FGCU], the tenth and newest member of the State University System, that
opened August 25, 1997.
Currently, he is serving by appointment of the Board of Commissioners
on the Rural Fringe Area Assessment Oversight Committee; the Committee is
conducting an evaluation of land-use and environmental impacts ordered by
Florida's Governor and Cabinet before a development mor~orium can be lifted
on rural lands contiguous to Collier County's urban area.
He continues to serve as a member of the County's Transit Review Adviso-
ry committee [TRAC] that is implementing a pI:~ to provide transit services in
Collier County by the Spring of 2001. '--~A'i~EM
MEMORANDUM
DATE:
TO:
FROM:
March 19, 2001
Board of County Commissioners
Jim Coletta, Commissioner
District 5
Shellfish Farming in Everglades City
Attached to this memorandum is a copy of a letter dated February 12, 2001 to
Councilman Robert Robinson of Everglades City from Mark Berrigart, Chief of the
Bureau of Aquaculture Development, Department of Agriculture, regarding shellfish
farming in Florida.
Shellfish farming is something that Everglades City is interested in pursuing and Mr.
Berrigan is requesting that Everglades City get the support of the local government
early in the process. I have taken the liberty of placing this on the Board's agenda for
Tuesday, March 27, 2001 for discussion, under item 10 (B) and wanted to provide a
copy of the backup for your review.
Coletta~
JC:sf
Attachment
Florida Department of Agriculture and Consumer Services
TERRY L. RHODES, Cornmissioner
The Capitol · Tal~,ahassee, FL 32399-0800
FebruarY l2,2001
Please Respond to:
Division of Aquaculture
1203 Governor's Square Blvd.,
5th Floor
Tallahassee, Florida 32301
Phone: 850/488-5471
Fax: 850/410-0893
Mr. Roberf Robinson
P.O. Box 126
Everglades, Florida 34139
Dear Mr. Robinson:
I have provided you with a brief overview of the Department of Agriculture and
Consumer Services' responsibilities as they relate to leasing state-owned submerged lands
for aquacultural purposes. In regard to your request, the Department will be happy to
assist you in locating suitable sites for farming hard clams. However, it is important to
get the support of local government early in this process.
As you are aware, hard clam aquaculture is a growing segment of Florida's
agricultural community and has prompted the interest of many potential producers. Since
most hard clams produced in Florida are grown on state-owned submerged lm~ds,
growers must lease lands from the state. The Governor and the Cabinet, sitting has the
Board of Trustees of the Internal Improvement Trust Fund, have the authority to lease
submerged lands to individuals for the purpose of growing aquacultural products. The
Department of Agriculture and Consumer Services acts as staff to the Trustees in
administering the aquaculture leasih~ program. Chapter 253, Florida Statutes, provides
the authority and responsibilities related to leasing state-owned submerged lands.
Chapter 597, F.S., defines the Department of Agriculture and Consumer Services'
role in developing aquaculture in the state. Among these responsibilities is the mandate
to identify tracts of sovereign submerged lands and water colunms for the production of
aquaculture products.
The Department generally works closely with local g.ovemments, industry
representatives and economic development councils in determining appropriate
development strategies for various regions and counties. The Department does not
usually assign priorities for proposed projects in various counties, but instead relies
primarily on the amount of local interest behind specific projects. In the past, county
commissioners and/or boards of county commissioners have requested that the
Department assess potential opportunities !,~[~e coastal waters off their count
Fresh
Fl~flda.
Florida Agriculture and Forest Produc
$53 Billion for Florida's Economy
s Pg.~
Mr. Robinson
February 12, 2001
Page Two
The assessment D ocess involves numerous criteria, including a determination of
whether the bacteriological and biological water quality is suitable for the production of
shellfish. If the waters are currently classified as approved for shellfish harvesting, then
the Department will conduct preliminao' site selection surveys. The Department uses
specific site selection criteria to determine optimal areas for leasing. Although many
counties have abundant coastal waters, few sites are actually suitable for producing
aquacultural products. Growth tests, environmental conditions, sediment types,
competing uses, and demographics are a few of the factors that are assessed in
determining appropriate sites for aquaculture use.
When optimal locations are identified, the Department will designate a tract of
submerged lands, perhaps 100 acres, as a high-density aquaculture use area. The
proposed project is also reviewed by other agencies, including the Department of
Environmental Protection, the Fish and Wildlife Commission, and the local board of
county commissioners. If a suitable site is identified, then the Department will request
that the Board of Trustees approve the use of the submerged lands for aquaculture and
permit the tract to be subdivided into individual lease parcels (two acre parcels are most
common) and leased to qualified applicants. The entire process usually takes from 1 to 2
years to complete.
This is only a brief overview of the process, and only touches on some of the
policies and procedures that must be followed to lease state-owned lands. When you
have specific questions or need additional information, please do not hesitate to contact
me at the above address or by calling (850) 488-5471.
Thanks for your interest in shellfish farming in Florida.
Sincerely,
MEB/
TERRY L. RHODES
COMMISSIONER OF-AG-RI~
Bureau of Aquaculture Development
CLAM FARMING
Needed
State approval of bay bottom, which is leased by individuals each year.
Recommendation by the Collier County Commission and the Economic Development Council
$500.00 For first time bags
$1200.00 For eggs
$200.00 Gas, Labor, other
$2000.00 Per 100,000 eggs each month
After 6-8 weeks they have to be pulled and split up with 800 clams to the bag
It takes 8-9 months to harvest at the rate of 20,000 per week
Bags are recycled for the next harvest
SHELLFISH H/tRVESTING AREA CLASSIFICATION MAP ~66 (Revised: April 15, 1997)
Ten Thousand Islands (~66) Shellfish HarvesUin~ Area in Collier County
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY BOARD
APPROVE A RESOLUTION ADOPTING BYLAWS FOR THE CRA AND THE LOCAL
REDEVELOPMENT ADVISORY BOARDS; APPOINT THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY AS THE LOCAL REDEVELOPMENT ADVISORY BOARD FOR
IMMOKALEE; DIRECT STAFF TO ADVERTISE POSITIONS FOR THE BAYSHORE/GATEWAY
TRIANGLE LOCAL ADVISORY BOARD TO BE APPOINTED BY THE CRA AT A FUTURE
MEETING; AND TO ELECT A NEW VICE-CHAIRPERSON.
OBIECTIVE: To establish procedures for the CRA and the Local Redevelopment Advisory
Committees, through the adoption of bylaws, to assist in further implementing the
redevelopment program.
CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners adopted
Resolutions 2000-82 and 2000-83 establishing the Collier County Community Redevelopment
Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway
Triangle and Immokalee) as areas in need of redevelopment. In addition, Resolution 2000-83
authorized the creation of Local Advisory Boards by separate resolution to assist in the
implementation of the redevelopment plan.
The proposed bylaws are modeled after workable and successful bylaws of other CRAs and
advisory boards. Attachment A is a table outlining the major facets of the bylaws of each of
these CRA/Advisory Boards.
The recommended membership for the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board represents interests from business and residential as well as other property
owners. Staff is recommending, based on support received from the Immokalee Community that
the Immokalee Local Redevelopment Advisory Board reflect the same membership as the
Irnmokalee Enterprise Zone Development Agency which monitors and implements the Florida
Enterprise Zone program in the Immokalee community.
The purpose and duties of the Local Advisory Boards will be to:
(a)
to review the Redevelopment Plan and the respective component plan for the
local area they are representing and make recommendations to the Community
Redevelopment Agency any changes to the plan;
Co)
to make recommendations to the Community Redevelopment Agency in
implementing the redevelopment plan including setting project priorities and
funding priorities, and carrying out and effectuating the purposes and
provisions of Part III, Chapter 163, Florida Statutes; and
-3.-
AGENDA I"~EM ~
MAR 2 7 2001
(c)
to receive input from members of the public interested in their respective
component areas and to report such information to the Community
Redevelopment Agency.
The bylaws can be changed at any time by the CRA during a regular meeting, after being placed
on the agenda and considered by the Advisory Board.
FISCAL IMPACT:
None at this time
GROWTH MANAGEMENT IMPACT: On June 13, 2000, the Board of County Commissioners
adopted Resolution No. 2000-181 that adopted the Community Redevelopment Plan consistent
with Part III, Chapter 163, Florida Statues and the Collier County Comprehensive Plan. The
proposed bylaws and resolution to adopt those bylaws will establish procedures and policies for
the CRA and its advisory boards to implement the Redevelopment Plan.
PLANNING SERVICES RECOMMENDATION:
Adopt the resolution to approve bylaws for the Community Redevelopment Agency Board and
the Local Redevelopment Advisory Boards.
PREPARED BY:
1V~ARLENE FOORI~
PRINCIPAL REDEVELOPMENT SPECIALIST
COMPREHENSIVE PLANNING SECTION
March 13, 2001
DATE
REVIEWED BY:
~EBRAH PRESTON, AICP
CHIEF PLANNER
COMPREHENSIVE PLANNING SECTION
COMPREHENSWE PLANNING MANAGER
REVIEWED BY:
-2-
DATE
AE~ENDA I~',E M...,
MAR 3 7 ZOO1
PO. ~ --
B(~"B MULHER~
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED BY:
IOHN D~NNUCK
INTERII~ ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL
SERVICES
DATE
3
MAR 2 7 2001
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AGENDA ITEM
2001
CRA RESOLUTION NO. 2001-__
2
3 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
4 AGENCY RELATING TO COMMUNITY REDEVELOPMENT; PROVIDING FOR
5 MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF
6 PROCEDURE FOR THE AGENCY; CREATING THE BAYSHORE/GATEWAY TRIANGLE
7 LOCAL REDEVELOPMENT ADVISORY BOARD; CREATING THE IMMOKALEE LOCAL
8 REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR MEMBERSHIP, TERMS,
9 PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THOSE
10 ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, the Board of County Commissioners has adopted a resolution finding the
14 existence of one or more blighted areas in the unincorporated area of the County and further
15 finding that the rehabilitation, conservation or redevelopment or combination thereof, in such
16 areas is necessary in the interest of the public health, safety, morals or welfare of the residents of
17 Collier County, Florida; and
18 WHEREAS, the Board of County Commissioners has further adopted a resolution
19 declaring itself as the Collier County Community Redevelopment Agency to carry out and
20 implement the redevelopment powers and actions contemplated by Part III, Chapter 163, Florida
21 Statutes, within such areas; and
22 WHEREAS, the Board of County Commissioners contemplated the creation of advisory
23 boards for each component area of the community redevelopment area in the unincorporated area
24 of Collier County, composed of citizens, residents, property owners and business owners or
25 persons engaged in business in the area; and
26 WHEREAS, the Board of County Commissioners further contemplated the need to
27 establish membership, duties and responsibilities for the Agency and for each such advisory
28 board;
29 NOW, THEREFORE, BE IT RESOLVED BY
30 COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS:
THE COLLIER COUNTY
31
32
33
SECTION 1. Agency Bylaws: That there is hereby adopted bylaws for the Agency setting
forth membership, terms, purposes, duties, organization and rules of procedures for the Agency, a
34 copy of which is attached.
35
36
37
38
39
SECTION 2. Advisory. Board: That there is hereby created the "Bayshore/Gateway Triangle
Local Redevelopment Advisory Board" and the "Immokalee Local Redevelopment Advisory
Board" and bylaws for those Boards are adopted, a copy of which is attached.
MAR 2 7 2001
SECTION 3. Severability: If any section or portion of a section of this Resolution proves to
be invalid, unlawful, or unconstitutional, it shah not bc held to invalidate or imPair the validity,
force, or effect of any other section or part of this Resolution.
SECTION 4: Effective Date:
upon its passage and adoption.
This Resolution shall become effective tmmediately
SECTION 5: This Resolution adopted after motion, second and majority vote this
of ,2001.
day
ATTEST:
DWIGHT E. BROCK, SECRETARY
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY, FLORIDA
BY: BY:
JAMES'D. CARTER, PhD., CHAIRMAN
Approved As to Form and Legal Sufficiency
Heidi Ashton,
Assislant County Attorney and CRA Legal Counsel
MAR 2 ? 2001
Pg---
BYLAWS
OF TI-I~ COMMUNITY REDEVELOPMENT AGENCY
OF
COLLIER COUNTY, FLORIDA
ARTICLE I. NAME AND PURPOSE
SECTION 1. Name: This Community Redevelopment Agency shall be known as the "Collier County
Community Redevelopment Agency" (the "CRA"), established pursuant to Resolution 2000-83 adopted
on March 14, 2000 by the Board of County Commissioners ("BCC") of Collier County, Florida (the
"County") pursuant to Part III, Chapter 163, Florida Statutes (the "Act").
SECTION2. Redevelopment Area: The area of operation of the CRA consists of certain
geographical areas listed below and for which a redevelopment plan was adopted by CRA Resolution
2000-01 by the CRA and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee
Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area.
Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after
all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA
and BCC, all in accordance with the Act.
SECTION 3. Purpose: The purpose of the CRA is to undertake and implement improvements as
provided for in the Act and the adopted Redevelopment Plan; to promote and create favorable conditions
for the development, redevelopment and revitalization of the area of operation of the CRA; and to receive
input from its Advisory Boards, authorized by the Resolution No. 2000-83, who adhere to separate
bylaws adopted specifically for their purposes, and serve to represent the component areas of operation of
the CRA.
ARTICLE II. COMMUNITY REDEVELOPMENT AGENCY
SECTION 1. Function:
Article I, Section 3.
The CRA is established to carry out those purposes that are outlined in
SECTION 2. Authority: The CRA, subject to the provisions of the Act and all other applicable
provisions of law, shall have all powers customarily vested in a community redevelopment agency as
provided in the Act.
SECTION 3. Members and Terms: In accordance with Section 163.357(1), Florida Statutes, the
Collier County Board of County Commissioners has declared itself to be the Collier County Community
Redevelopment Agency as an additional duty of office. Reference to the members of the CRA as a whole
shall be "CRA Board" or "CRA". An individual member of the CRA shall be referred to as a
"Commissioner." CRA Board terms shall be simultaneous with terms of members of the Board of
County Commissioners.
SECTION 4. Vacancies: Appointments to fill vacancies on the CRA shall be filled by the person
filling the vacancy on the Board of County Commissioners.
SECTION 5. Employees:
contract staff, personnel, technical experts, legal counsel, and other such agents and
permanent or temporary, as it requires, and determine their qualifications, duties and compe:
The CRA may, as it from time to time determines, employ or retain by
emp!.ege~, n'E~ . --
tsatio~.°' ~,~J' /
MAR 2 7 2001
CRA may approve and authorize contracts with the County and other persons, firms and individuals to
provide services for and on behalf of the CRA.
ARTICLE III. OFFICERS
SECTION 1. Officers: The officers of the CRA shall consist of a Chairman, Vice Chairman, and
a Secretary, and such officers as the CRA may from time to time create.
SECTION 2. Qualifications: Officers shall be members of the CRA, except that the Secretary may, in
the discretion of the CRA, be someone not a member of the CRA.
SECTION 3. Role of Chairman: The Chairman shall preside at all meetings of the CRA, sign
agreements, contracts, and instruments on behalf of the CRA, call special meetings asnecessary and shall
perform such other duties as are customary for the Chairman.
SECTION 4. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's
absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman.
SECTION 5. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the
proceedings of the meetings of the CRA, (b) provide all notices in accordance with the provisions of these
bylaws or as required by law, (c) post or cause to be posted all meeting notices as required by County
procedures and notify members, (d) maintain custody of the CRA records, (e) attest contracts and other
CRA documents, and (f) in general perform all duties from time to time as may be prescribed by the
Chairman or the CRA.
SECTION 6. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum
present shall select a Chairman for the meeting.
SECTION 7. Election of Officers: Officers shall be elected at the Annual Meeting of the Agency.
Election requires nomination from the floor and an affirmative vote by a majority of the CRA members
present and voting on an annual basis, provided a quorum is present at such meeting. The Secretary shall
be the Clerk of Courts to the Board of County Commissioners, but shall have no vote. Officers shall be
seated immediately upon their election.
SECTION 8. Terms of Office: Each officer duly elected by the CRA shall serve a term of one
year until the next annual appointment or election. All officers shall hold office until their successors
have been elected or until their earlier resignation, removal from office or death. No person may
simultaneously hold more than one office.
SECTION 9. Officer Vacancies: If a vacancy exists in any office, the CRA shall elected a new
officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the
CRA, to fill the incomplete term of the vacated office.
SECTION 10. Removal or Resignation: The CRA may remove an officer at any time with or
without case by the affirmative vote of a majority of the CRA members present and voting at a duly
constituted meeting of the CRA. An officer may resign at any time by delivering notice thereof to the
CRA. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later
effective date and the CRA accepts the future effective date, the pending vacancy may be filled before the
effective date provided that the successor does not take office until the effective date.
AGENDA ITEM
"°' 11/91
MAR le 7 2001
ARTICLE IV. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS
SECTION 1. Function: In accordance with Resolution 2000-83, advisory boards are to be
created for each component area of the community redevelopment area in the unincorporated area of
Collier County, which shall be composed of citizens, property owners and business owners or persons
engaged in business in the area. Separate bylaws for these advisory boards will be adopted by the CRA.
These advisory boards will serve as the primary source of community input to the CRA staff and to the
CRA itself. Each advisory board will consider and make recommendations to the CRA staff and the CRA
concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area
work program and priorities and their implementation. The advisory board functions are advisory only
and are to assist with the public input in the local redevelopment planning process
ARTICLE V. MEETINGS
SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in
accordance with these bylaws and shall follow the procedures outlined in Division 2, Article 1 of the
Code of Laws and Ordinances of Collier County unless otherwise specified below.
a) Annual: An Annual meeting of this Agency shall be held in the month of January of each year, and on
the date and at the time and place to be determined by the Board, if other than at a regular meeting.
b). Regular: Regular meetings of the CRA shall be held as necessary on either the secord or the fourth
Tuesday of each month to coincide with the regular meetings of the BCC or on such day as may be
determined by the CRA. The CRA meetings will be held at a "time certain" identified on the BCC
Agenda.
SECTION 2: Meeting Agenda: The agenda for each meeting of the CRA, shall follow the procedures
outlined for the BCC in Division 2, Article 1 of the Code of Laws and Ordinances of Collier County unless
otherwise specified below. Meeting notice will be published in accordance with applicable laws.
ARTICLE VI. ORDER OF BUSINESS
SECTION 1. Order of Business: The order of business at regular meetings shall be:
(a) Roll Call
(b) Adoption of the Agenda
(c) Adoption of Minutes from Previous Meeting
(d) Communications
a. Advisory Board communications
b. Other communications
(e) Consent
(f) Old Business
(g) New Business
(h) Citizen Comments
(i) Adjournment
AGENDA ITEM
2 7 001
ARTICLE VII. CONTRACTS
SECTION I. Execution of Instruments: Legal instruments of the CRA shall be executed by the
Chairman and attested to by the Secretary with the corporate seal affixed thereto. In the absence of the
Chairman, such instruments may be executed by the Vice Chairman.
SECTION 2. Real Property Acquisition and Disposition: The acquisition, conveyance and leasing
of real property by the CRA shall be done in accordance with the Act.
SECTION 3. Purchasin~ Procedures: Purchasing procedures will be in accordance with the Act. If the
Act is silent then the procedures will be consistent with those authorized by the BCC for Collier County
or such other procedures that the CRA Board may adopt.
ARTICLE VIII.
FISCAL MATTERS
SECTION 1. Fiscal Year: The fiscal year of the CRA shall be the twelve year calendar month
period commencing on October 1 and ending on September 30 of each year.
SECTION 2. Financial Reporting: The Clerk of Courts shall maintain financial records of all
financial transactions made on behalf of the component areas of the redevelopment area. Staff assigned
as liaison to the CRA shall provide a report of the income and expenditures of each component area to the
CRA at the annual meeting or as requested by the Chairman, the CRA or other staff.
ARTICLE IX. AMENDMENTS
These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a
majority of the CRA members present and voting after the proposed amendment has been listed on the
agenda and submitted to the CRA for review and discussion.
PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment
Agency this ~ day of ,2001.
ATTEST:
DWIGHT E. BROCK, SECRETARY
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY, FLORIDA
BY:
BY:
PAMELA S. MAC'KIE, CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICENCY
DAVID C. WEIGEL
COUNTY ATTORNEY AND CRA COUNSEL
AGENDA ITEM
MAR g 7 20111
BYLAWS
OF THE COMMUNITY REDEVELOPMENT AGENCY
LOCAL REDEVELOPMENT ADVISORY BOARDS
OF
COLLIER COUNTY, FLORIDA
ARTICLE 1. NAME AND PURPOSE
SECTION 1. Name: The local advisory board, one per each component redevelopment area, shall be
known as "the name of the component redevelopment area in which the local planning board sits" Local
Redevelopment Advisory Board.
SECTION 2. Redevelopment Area: The area of operation of an advisory board consists of that
certain geographical area identified in CRA Resolution 2000-01 by the Community Redevelopment
Agency (CRA) and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee
Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area.
Additional redevelopment component areas may be designated by separate resolutions of the Community
Redevelopment Agency of Collier County ("CRA") and the Collier County Board of County
Commissioners ("BCC") after all appropriate findings have been made and a redevelopment component
plan for those areas adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida
Statutes (the "Act").
SECTION 3. Purpose: Each advisory board is intended to be the primary source of community
input to the Collier County Community Redevelopment Agency (the "CRA") and to the CRA staff. Each
advisory board will consider and make recommendations to the CRA staff and the CRA concerning the
Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and
its implementation and any redevelopment projects proposed for the area of operation of the advisory
board. The advisory board functions are advisory only and are to assist with the public input in the local
redevelopment planning process.
More specifically, the purpose and duties of each advisory board shall be as follows:
(a) review the applicable component redevelopment area's redevelopment plan and when necessary
recommend to the CRA any changes to the plan;
(b)
make recommendations to the CRA on plan implementation, including developing an annual
work program, setting project priorities, and developing incentives to further the redevelopment
efforts and carry out and effectuate the purposes and provisions of the Act in the component
redevelopment area;
(c) receive input from members of the public interested in redevelopment of the component
redevelopment area and to report such information to the CRA; and
(d) review and comment on any redevelopment projects proposed in the advisory board's
component redevelopment area.
AGENDA ITEM
"o-/7
MAR g 7 2001
ARTICLE II. ADVISORY BOARI~
SECTION 1. Function: Each advisory board is established to carry out those purposes that are
outlined in Article I, Section 3 hereof.
SECTION2. Authority; Standing Rules: The advisory board shall be subject to the direct
supervision of the CRA staff and the CRA Board. Each advisory board may prepare and adopt standing
rules specific to that board's component redevelopment area. Preparation, adoption and amendment of
any such standing rules shall be at the discretion of the advisory board and must be consistent with these
Bylaws, CRA Resolution 2000-01 and BCC Resolution 2000-181 which adopted the Redevelopment
Plan, BCC Resolution 2000-83 which declared the BCC to be the CRA and authorized the creation of the
advisory boards, the adopted Redevelopment Plan and the Act. Proposed standing rules or amendments
to such rules shall be submitted by the advisory board to the CRA for a determination of consistency with
all of the above. Any proposed rules or amendments to the rules will be effective upon that
determination.
SECTION 3. Number of Members: The Board shall have an appropriate number of members to insure
adequate representation of all aspects of the community in the component redevelopment area. This
number may vary from component redevelopment area to component area. This number may be
increased or decreased from time to time as recommended by the advisory board and appointed by the
CRA board member for the applicable component redevelopment area. In no circumstances will the
number of advisory board members be less than five.
SECTION4. Appointment and Qualifications: The CRA board member from the component
redevelopment area shall appoint the advisory board members subject to Article 1, Section 5 for the
Bayshore/Gateway component redevelopment area and Article II, Section 6 for the Immokalee
component redevelopment area. All appoints are subject to approval by the CRA board.
Consideration should be given to appointing members that have experience in the following professions:
finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and
development; planning or design and building construction.
Each member of an advisory board shall engage in business in the comporent redevelopment area for that
advisory board. For purposes of these bylaws, individuals who "engage in business" means individual
owning real property or a business, practicing a profession or performing a service for compensation or
serving as an officer or director of a corporation or other business entity so engaged.
Any group, committee or board existing at the time of adoption of these Bylaws may present its
membership for appointment as long as consideration is given to balancing the advisory board with
representatives from the above-recommended professions.
SECTION 5. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Consideration should be given to appointing members of the advisory board for the Bayshore/Gateway
component redevelopment area as follows:
(a) One (1) Bayshore resident;
(b) One (1) Gateway Triangle resident;
(c) One (1) Bayshore business owner;
(d) One (1) Tamiami Trail (US41) business owner;
(e) One (1) Davis Boulevard (SR84) business owner;
AGENDA ITEM
.o.
M/ R 7 ZOO1
(f) One (1) Bayshore MSTU representative;
(g) One (1) at large representative who resides or engages
Bayshore/Gateway Triangle Component Redevelopment Area;
in business, or both, in the
SECTION 6: Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive
approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created
by the BCC pursuant to Ordinance 97-81 shall be the Immokalee Local Redevelopment Advisory Board.
SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County,.
Residents interested in applying to serve on an advisory board shall submit a letter requesting such
appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the
advisory board will be consistent with those procedures outlined in BCC Resolution 94-136.
SECTION 8. Terms: Advisory board members shall serve for two (2) year terms, with no more than
two reappointments permitted. However, for purposes of staggering reappointments, three (3) of the
initial members will have one (1) year terms as follows: Bayshore/Gateway Local Redevelopment
Advisory Board- the Bayshore resident, the Gateway Triangle resident and the at large representative will
each serve only a one (1) year term for the first year of the advisory board, with two (2) year terms from
then on; Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in
Ordinance 97-81.
SECTION 9. Vacancies: Vacancies occurring on any advisory board shall be publicized, but need not
be advertised, in a publication of general circulation within the county; and vacancy notices are to be
posted in the county libraries, the courthouse and on the internet. Appointments to fill vacancies on the
advisory board shall be filled by the. The term of an advisory board member appointed to fill a vacancy
expires at the time the term of the original member would have expired.
SECTION 10. Attendance and Removal: It is the intent and strong desire of the CRA that there be full
attendance of advisory board members at all meetings of the advisory board, recognizing, however, that it
may be necessary for board members to be absent from a meeting due to unusual or emergency
circumstances. The following requirements are established:
Any advisory board member who is absent for more than two-thirds of the advisory
board's meetings in a given fiscal year shall be deemed to have tendered his or her
resignation from the advisory board. The CRA shall, as soon as practicable after such
resignation, declare the position vacant and shall promptly fill the position. The
affected advisory board member shall not serve at any meeting after his or her
position is declared vacant by the CRA.
In the event that any advisory board member is absent from two consecutive advisory
board meetings without a satisfactory excuse acceptable to the advisory board, the
advisory board chairman shall state such fact at the next regularly scheduled advisory
board meeting and shall thereafter notify, in writing, CRA of the advisory board
member's failure to attend without satisfactory excuse. The CRA shall review the
notification at a CRA meeting and shall declare the advisory board member's position
to be vacant if the CRA concurs that the advisory board member was absent from two
consecutive advisory board meetings without a satisfactory excuse and shall promptly
fill that position pursuant to the provisions of Section 9.
For purposes of this Section 10, attendance means presence at the meeting no later
than fifteen minutes after the meeting is called to order as verified by the secretary on
the attendance record. AGENDA ITEM
.o. ///3/
M/ R ? 2001
SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable
financial disclosure requirements of laws of the State of Florida.
ARTICLE III. OFFICER,q
SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman,
and a Secretary.
SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings of the
advisory board and shall have the duties normally conferred by parliamentary usage on such office. The
Chairman shall call special meetings, serve as the advisory board liaison to the CRA, and shall perform
such other duties as are customary for the Chairman.
SECTION 3. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's
absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman.
SECTION 4. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the
proceedings of the meetings of the advisory board, (b) provide all notices in accordance with the
provisions of these bylaws or as required by law, (c) post or cause to be posted all meeting notices as
required and notify members, (d) maintain custody of the advisory board records, and (e) in general
perform all duties from time to time as may be prescribed by the Chairman or the advisory board.
SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum
present shall select a Chairman for the meeting.
SECTION 6. Election of Officers: Officers shall be elected annually at the first regular meeting of the
year. Election requires nomination from the floor and an affirmative vote by a majority of the advisory
board members present and voting, provided a quorum is present at such meeting. The Secretary shall be
the individual assigned from County staff, but shall have no vote. Officers shall be seated immediately
upon their election.
SECTION 7. Terms of Office: Each officer duly elected by the advisory board shall serve a term of
one year until the next annual appointment or election (or as otherwise determined by the standing rules
of the advisory board). All officers shall hold office until their successors havebeen elected or until their
earlier resignation, removal from office or death. No person may simultaneously hold more than one
office.
SECTION 8. Officer Vacancies: If a vacancy exists in any office, the advisory board shall elect a new
officer by the affirmative vote of a majority of the advisory board members present and voting at a
meeting of the advisory board, to fill the incomplete term of the vacated office.
SECTION 9. Removal or Resignation: The advisory board may remove an officer at any time with or
without cause by the affirmative vote of a majority of the advisory board members present and voting at a
duly constituted meeting of the advisory board. An officer may resign at any time by delivering notice
thereof to the advisory board. A resignation is effective when the notice is delivered to the advisory
board unless the notice specifies a later effective date and the advisory board accepts the future effective
date, the pending vacancy may be filled before the effective date provided that the successor does not take
office until the effective date.
AGENDA ITEM
"o.
MAR 2 7 2001
ARTICLE IV. SUBCOMMITTEES
SECTION 1. Creation: The advisory board may create, from time to time, such subcommittees
as shall be necessary or desirable to carry out the functions, purposes, and objectives of the advisory
board. Any such subcommittees shall be subordinate to the advisory board, shall be assigned a specific
purpose and objective, and shall be given a date certain to complete its tasks, at which time the
subcommittee shall be dissolved, unless said date is extended by the affirmative vote of a majority of the
advisory board members present and voting at a duly constituted meeting of the advisory board.
SECTION 2. Members: The members of such subcommittee shall be elected by the advisory
board for such term and shall have qualifications as the advisory board may desire.
SECTION 3. Removal: The advisory board may remove any subcommittee member with or
without cause by the affirmative vote of a majority of advisory board members present and voting at any
meeting of the advisory board.
SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same parliamentary
procedures as the advisory board and Florida's Government in the Sunshine Law.
ARTICLE V. MEETINGS
SECTION 1. Meetings: Regular meetings of the advisory board shall be held on such day, time and
place as may be determined by the advisory board, and at a minimum once a month. The purpose of the
meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought
before the advisory board.
SECTION 2. Quorum and Voting: At all regular or special meetings of an advisory board, a majority
of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a
member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first
name called rotating with each motion upon which the vote is called. The Chairman shall always vote
last. A record of the roll call shall be kept as part of the minutes.
SECTION 3. Special Meetings: Special meetings may be called by the Chairman at anytime provided
adequate notice is given pursuant to Article 5, Section 4 hereof. The Chairman may also call a special
meeting when requested to do so in writing by a majority of the members of the advisory board or by a
CRA staff member. The notice of such a meeting shall specify the purpose of such a meeting and no
other business may be considered except by unanimous consent of the advisory board. All members of
the advisory board shall be notified in advance of such special meetings by the Secretary.
SECTION 4. Notice and Publication: The Secretary shall give notice and keep record of such notice
of its meetings and the meetings of the subcommittees including the date, time, and location of each
regular and special meeting. Notice shall be posted in the county courthouse and other appropriate
locations as recommended by the advisory board and to the County Public Information Department for
further distribution.
SECTION 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open
to the public and governed by the provisions of Florida's Government in the Sunshine Law.
SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded, and such
be open to public inspection, in accordance with applicable law.
records shall
AGENDA ITEM
"°'
MAR g 7 ZOOl
·
SECTION 7. Location: Meetings of an advisory board, or any of its subcommittees, shall be held in a
location accessible to the public.
SECTION 8. Meeting Agenda: The agenda for each meeting of an advisory board, or any of its
subcommittees, shall be outlined by the Chairman and submitted to the Secretary for preparation. Any
advisory board member, in the case of an advisory board or a subcommittee member in the case of a
subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the
Secretary prior to the deadline for publishing the notice of such meeting.
SECTION 9. Order of Business: The order of business at regular meetings shall be:
(a) Roll Call
(b) Adoption of the Agenda
(c) Adoption of Minutes from Previous Meeting
(d) Communications
(e) Old Business
(f) New Business
(g) Citizen Comments
(h) Adjournment
SECTION 10. To provide for the orderly and efficient conduct of its meetings, each advisory board shall
follow Roberts Rules of Order.
ARTICLE VI. AMENDMENTS
These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a
majority of the CRA members present and voting after the proposed amendment has been listed on the
agenda and submitted to the CRA for review and discussion.
PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment
Agency this ~ day of ,2001.
ATTEST:
DWIGHT E. BROCK, SECTRETARY
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY, FLORIDA
BY:
BY:
PAM MAC'KIE, CHAIRMAN
AGENDA ITEM --
MAR ? 2001
Approved As to Form and Legal Sufficiency
David C, Weigel
County Attorney and CRA Legal Counsel
AGENDA ITEM
EXECUTIVE SUMMARY
EXECUTE SATISFACTION OF LIEN ESTABLISHED UPON
RECORDING OF AN ORDER REDUCING FINE/LIEN IN COLLIER
COUNTY V. HOMER BETANCOURT.
OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed against property
owned by Homer Betancourt pursuant to an Order Reducing Fine/Lien in Collier County v.
Homer Betancourt, CEB Case Nos. 99-02(5, 99-027 and 99-028, and recorded at Official Record
Book, 2706, Page 2865, et seq.
CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement
Board on July 9, 1999 in Collier Couutv v. Homer Betancourt, CEB Case Nos. 99-026, 99-027
and 99-028. On August 1, 2000, an Order Reducing Fine/Lien was entered by the Code
Enforcement Board reducing the fine in the amount of $5,000.00. This Order was recorded at
Official Record Book 2706, Page 2865, et seq. Pursuant to its recording, this Order superseded
the previous order and became a lien against all real property owned by' Homer Betancourt and
more particularly property identified by' Folio No. 00129120007.
In November. the Code Enforcement Board directed the Office of the County Attorney to initiate
foreclosure proceedings due to the failure of Mr. Betancom't to pay the reduced lien in the
amount of $5,000.00. Costs were incurred as a result of this prosecutorial action in the amount
of $360.50. The County is entitled to recover these costs pursuant to § 162.10, Fla. Stat.
On or about February 7, 2001 payment was received in the amount of $5,360.50 in complete
satisfaction of the lien. A Satisfaction of Lien must be executed and recorded so as to discharge
the lien of record. A copy' of the Satisfaction of Lien is attached hereto.
FISCAL IMPACT: The sum of $5,360.50 will be deposited into the "Code Enforcement
Board Fines" Revenue Account MSTD General Fund 111.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
Authorize its Chairman to execute the Satisfaction of Lien; and
Authorize staff to record the Satisfaction of Lien in the Public Records of Collier County,
Florida.
AGENDA ITEM
MAR 2 7 2001
!_
Ellen T. Chadwell
Assistant County Attorney
Date:
REVIEWED BY:
Michelle Edwards Arnold, Director
Code Enforcement Department
APPROVED BY:
Jol~ M. Dunh~c'k, III, Administrator
Community Development & Environmental
Services Division
Date:
Date:
h:ExSumXBcttencourt-CEB 99-026,027,028
~ilen T. Chaaw~i'!,
c~ffice of ~he County At'~opne$
32~gl E.~s~ Tamiami Trail
Naples, Flor~dm 34112
(941) 774-8400
SATISFACTION OF LIEN
This is to certify that the claim of lien filed in the sum of Five Thousand Dollars
($5000.00), plus prosecutoriai costs in the amount of Three Hundred Sixty Dollars and
50/100 ($360.50), reduced to writing by Order Reducing Fine/Lien dated August 1,2000,
on behalf of Collier County, Florida, and recorded in O.R. Book 2706, Pages 2865-2870,
of the Public Records of Collier County, Florida, against the following described real
property, and all other real property located in Collier County, which is owned by Homer
Betancourt, along with costs incurred by Collier County as a result of this lien and
recoverable pursuant to §162. I0, Fla. Stat. (2000), has been satisfied in full.
Section 5, Township 47 South, Range 29 East, Parcel
Folio No. 00129120007
The undersigned is authorized to and does hereby release its lien as to the whole of the
above-described real property, and all other real property owned by Homer Betancourt,
and consents to this lien being discharged of record.
Dated this da,,,' of ,2001.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
James D. Carter, Ph.D., Chairman
Approved as to form
And legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
AGENDA ffEM
MAR 2 7 2001
EXECUTIVE SUMMARY
REQUEST THAT THE BOARD APPROVE A RESOLUTION PROVIDING FOR
THE ESTABLISHMENT OF AN ADVISORY COMMITTEE TO PROVIDE INPUT
AND ASSIST STAFF WITH THE RESTUDY OF THE GOLDEN GATE AREA
MASTER PLAN.
OBJECTIVE: Obtain Board approval for the establishment of an ad hoc Advisory
Committee to provide input and assist staff with the restudy of the Golden Gate Area
Master Plan.
CONSIDERATION: On February 13, 2001, the Board of County Commissioners
directed staff to restudy the Golden Gate Area Master Plan. To assist in this restudy, staff
requests (hat an advisory committee be formed to enable community input and provide
recommendations. The committee will be responsible for addressing issues related to the
Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of
locational criteria for Conditional Uses/assessment of Conditional Use needs and the
Golden Gate Parkway 1-75 Interchange. The committee will also assist staff with the
review and development of policy recommendations related to the Rural Fringe
Committee and Community Character Plan findings, assist in the development of any
necessary Request for Proposals (RFP) for consulting services, and assist in the
development of revised Goals, Objectives and Policies and Land Use Designation
Descriptions.
The advisory committee will be comprised of ten members whose~ representation shall be
diverse and consist of citizens and business owners residing in the regulatory boundaries
of the Golden Gate Area Master Plan.
The advisory committee shall remain in effect for one year, which will commence with
the effective date of the Resolution appointing members to said committee.
FISCAL IMPACT: The principal costs associated with the approval of this ad hoc
Advisory Committee shall be those expenses incurred for placing advertisements, in the
newspaper for committee vacancies .and meetings. These costs will be paid from the
Comprehensive Planning Section FY01 approved budget.
GROWTH MANAGEMENT IMPACT: The establishment of this advisory committee
and their participation in the restudy of the Golden Gate Area Master Plan will ultimately
lead to amendments to the Golden Gate Area Master Plan.
AG E I',~"J,A ,I.~T E t'l~,~
MAR g 7 2001
RECOMMENDATION: That the Board of County Commissioners adopt a Resolution
to establish the ad hoc Advisory Committee as outlined in this executive summary for the
restudy of the Golden Gate Area Master Plan.
~i~hele R.,~IClo~ca, S~enior Planner
Comprehensive Planning Section
REVIEWED BY: ..ff~-------~ ~
'%lan Litsing~, AICI~,
REVIEWED BY:
APPROVED BY:
Date: o'-/z z~oI
Date:
Current Planning M. anager
~-,'~bert Mulhe~e, AICI~,. ~
~an~ervice?. Dire~
'~ ~)ll~ Date: Jl~'~/
J~n M. ~u~uck, III
~erim Aflministrator,
Community Development and Environmental
Services Division
AGENDA ITEM
MAR 7 2001
RESOLUTION NO. 2001-
A RESOLUTION ESTABLISHING THE
GOLDEN GATE AREA MASTER PLAN RESTUDY COMMITTEE
WHEREAS, on February 13, 2001, the Board of County Commissioners directed .'.he re-
study of the Golden Gate Area Master Plan; and
WHEREAS, County staff desires to have the Board of County Commissioners establish an
ad hoc committee to assist staff in its restudy of the Golden Gate Area Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Creation of the Ad Hoc Golden Gate Area Master Plan Restudy
Advisory Committee.
Pursuant to the. provisions of Collier County Ordinance No. 86-41, as amended, the Board
of County Commissioners hereby creates the Golden Gate Area Master Plan Restudy Advisory
Committee (the "Committee") as an ad-hoc advisory committee. The Committee members shall-
serve a term of one year, which will commence on the effective date of the Resolution
appointing said members and shall conclude 1 year thereafter.
SECTION TWO: Appointment of Members and Failure to Attend Meetings.
Membership of the Committee shall be sought and appointed in accordance with Collier
County Ordinance No. 86-41, as amended. The Committee shall consist of ten (10) members
from a broad base of citizens and business owners in the regulatory area of the Golden Gate Area
Master Plan.
If any member of the Committee is absent from two (2) or more consecutive meetings
without a satisfactory excuse, such member's position may be declared vacant by the Board of
County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended.
SECTION THREE: Officers; Quorum; Compensation.
The officers of the Committee shall be elected by the membership of the Committee and
shall include a Chairman, Vice-Chairman and Secretary. The presence of a majority of the
voting members shall constitute a quorum. The Committee may adopt rules and procedures for
the transaction of business and shall keep records of meetings, findings and determinations. The
members of the Committee shall serve without compensation, but may be reimbursed for travel,
mileage and/or per diem.expenses only if approved, in advance, by the Board of County
Commissioners.
SECTION FOUR: Functions, Powers and Duties of the Committee.
The functions, powers and duties of the Committee shall be to:
a. Assist in the development of any necessary Request for Proposals (RFPs) for
consulting services;
b. Aid and assist in the restudy of the Golden Gate Area Master Plan. This would
include assisting staff with the review and development of policy recommendations
from the Rural Fringe Committee and the Community Character Plan findings
relative to the Golden Gate Area Master Plan;
c. Identify and address issues relative to the Golden Gate Mobility Study, Comrr, erci
and Industrial Land Use Study, assessment of locational criteria for Conditional Use
AGENDA ITEM
No. , t ,,
MAR '7' 2001
assessment of Conditional Use needs and the Golden Gate Parkway 1-75
Interchange/adjacent land use plans; and
d. Assist in the development of revised Goals, Objectives and Policies and Land Use
Designation Descriptions for the Golden Gate Area Master Plan.
All meetings shall be open to the public and shall be governed by the Florida Government
in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to
the location, time and subject matter of the meetings.
This Resolution adopted this __ day of ,2001 after motion, second
and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIIER COUNTY, FLORIDA
By: By:
JAMES D. CARTER, Ph.D., Chairman
Approved as to form and legal
sufficiency:
Marj0ri0M. Student
Assistant Count)' Attorney
AGENDA ITEM
MAR g 7 7.001
EXECUTIVE SUMMARY
PETITION CARNY-2001-AR-441, PEGGY RUBY, COLLIER COUNTY PARKS AND RECREATION
DEPARTMENT, REQUSESTING PERMIT TO CONDUCT A CARNIVAL (COUNTRY JAMBOREE) FROM APRIL 6
THROUGH APRIL 7, 2001, ON COUNTY OWNED PROPERTY AT THE VINEYARDS COMMUNITY PARK
LOCATED ON ARBOR BOULEVARD.
OBJECTIVE: Peggy Ruby, of the Collier County Parks and Recreation Department, is requesting that the Board of
County Commissioners approve a permit to conduct a carnival (Country Jamboree) from April 6 and April 7, 2001, on
County owned property located at the Vineyards Community Park Site. The applicant is also requesting waivers of the
application fee, surety bond and occupational license.
CONSIDERATIONS: The Collier County Parks and Recreation Department has made application to the Board of
County Commissioners for a permit to conduct their annual carnival (Country Jamboree). The Collier County Parks and
Recreation Department has presented evidence that all the criteria has been 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 Country
Jamboree.
FISCAL IMPACT: The applicant has signed a contract with the 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.
)N: That the Board of County Commissioners approve the permit to conduct the carnival and waive
ival fe , occupational license and surety bond.
OZ-mg,o!
- ' - '~j~NIN--O, AICP DATE
ONALD
CURRENT PLANNING MANAGER
REVIEWED BY:
R~~-~, AICP
PLANNING SERVICES DIRECTOR
DATE
ADMINISTRATOR
TY DEV. AND ENVIRONMENTAL SVCS.
DATE
AGENDA ITEM
MAR 2 ? 2001
Pg. / ~m_
COLLIER COUNTY GOVERNMENT
DIVISION OF PUBLIC ~_ER~.ICES
PARKS AND RECREATION DEPARTMENT
March 1,2001
Cecelia Martin, Planning Tech II
Community Development
2800 North Horseshoe Drive
Naples, FL 34103
3300 SANTA BARBARA BOULEVARD
NAPLES, FL 34116
[941 ! 353-0404
FAX: i941~ 353-1002
Website: colliergov, net
Dear Cecelia:
The Collier County Parks and Recreation Department is requesting a carnival permit for
the Third Annual Country Jam.
Country Jam will be held April 6 - 7, 2001 at the Vineyards Community Park, 6231
Arbor Blvd. Naples, FL
If you have any questions, please contact me at 353-0404.
Thank you for your assistance.
Sincerely,
Peg Ruby, Marketing/Special Events Coordinator
Collier County Parks and Recreation
AGENDA ITEM
NO.
MAR 2 7 2001
STATE OF FLORIDA:
COUNT~ OF COLLIER:
Permit No.__
PERMIT FOR CARNIVAL EXHIBITION
WHEREAS, Peg Ruby. of 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 (Count3'
Jamboree) at the Vineyards Community Park; and
WHEREAS, Peg Ruby, of the Colher County Parks and Recreation Department, has presented to the
Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival (County Jamboree) 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 Collier County Parks and Recreation Department, has requested a waiver of the, Surety
Bond, Fee and Occupational License.
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation
Department, to conduct a carnival (County Jamboree) April 6 through April 7, 2001, in accordance with the terms
and conditions set forth in the petitioner's application and ail related documents, attached hereto and incorporated
herein for the following described property:
(See attached Exhibit "A")
The request for waiver of Surety Bond, Fee and Occupational License is hereby approved.
WITNESS my hand as ChaU'man of said Board and Seal of said County, attested by the Clerk of Courts in
and for said Count)' this __ day of ,2001.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS:
COLLIER COUNTY, FLORIDA:
Approved as to Form and
Legal Sufficiency:
Marjorie~. §tudent
Assistant County Attorney
JAMES D. CARTER, Ph.D., CHAIRMAN
AGENDA ITEM
MAR g 7 001
~!ff!' DESCRIPTION OF L~NDS
~ FOR '~'
' s-4,
A 15.00 FOOT WIDE STRIP OF ~D ~CATED IN THE VIREY
RECORDED IN P~T BOOK 16. PAGER ~-~ ... ....... ~DS ~IT 3~ AS
COLLIER COUNTY, F~RIDA. ~yING-% ~'~-~ ~[~=_~BLIC ~CORDS OF
· -.~ ~'~'a' oR EITHER SIDE OF THE
FOL~WING DESCRIBED CENTERLINE~
COMITENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDAI SAID CORNER BEING A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD/ THENCE
ALONG SAID RIGHT-OF-WAY LINE SOUTH 89.55e24. EAST, A DISTANCE OF
83.53 FEET TO THE POINT OF BEGINNI~G~ THENCE SOUTH 01'28t00. EAST,
A DISTANCE OF 2274.11 FEETI THENCE SOUTH 22'51w12- EAST, A DISTANCE
OF 27.42 FEET~ THENCE SOUTH 01'28~00" EAST, A DISTANCE OF 70.70
FEETI THENCE SOUTH 20'18~58. WEST, A DISTANCE OF 26.94 FEETI THENCE
SOUTH 01'28~00. EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH
BOUNDARY OF TRACT S-4 AND THE END OF THE CENTERLINE~
SUBJECT TO EASEMENTS, RESERVATIONS~ OR RESTRICTIO}~S OF RECORD
rtl
.... 2 049\TRS4U3
AGENDA ITEM
.o.
MAR: 2 7 200
NOTE:
Please read reverse side
Before completing this
Petition.
CAR NY-2001- AR-441
Collier County Parks & Rec. Country Jamboree
Project: 2001020085
Date: 2/28/01
CARNIVAL OPERATION PETITION
., ·
If a co.radon, whe~ or not a not-for-~ofit co~m~on:__
LEG~ DESC~ON OF S~ PROPERS:
~ ZO~G: ~ USE
NA~ OF PE~ON: ~ r ~' (~
THE FOLLOWING INFORMATION IS INCLUDED IN THIS PE'II'IION. (FOR EXPLANATION,
SEE REVERSE Sm~E.)
3.a. [,/ 3.e.l)
3.e.2)
3.¢. /
3.e.3)
3.d.
3.e.4) 3.e.7).
3.e.~) e/ 3.~.8)
3.e.6) &// 3.e.9)
~.~ ~5 e.~O)
SIGNATURE 'O~F AGENT FOR PETITIONER
DATE REViI~WED by Board of County Co,~-,i-~ioners:
Approved: Disapproved:
Conditions of Approval:
SIGNATURE OF COUN'IW ADMINISTRATOR:
*~CNDAITEM
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.
(b) The local county health department shall keep a record of notifications received for
proposed temporary food service events and shall provide appropriate educational
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 food 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
haza.n:lous food or drink, the food packages shall be protected from dust, dirt, and other
sources of contamination during storage and serving.
(b) Overhead protection shall be provided at all food service operations when food is
prepared or portioned on premises.
(c) When potentially hazardous 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 in~e. ects 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-11.004 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 from an approved source. The ice shall be held in a way that protects it from
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:
AGENDA ITEM
MAR 2 7 200!
(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/offvalves. 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 thc entrance of
flies and dust. Ceilings may be of wood, canvas or other materials which prot~t the
interior of the establishment from the elements and walls my be of such mteriala or of
16 mesh screening or equivalent. Doors to food preparation areas, when req~ 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 particular 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 sanitizing tableware shall provide only single-service articles
for use by the consumer.
Specific Authority 381.0072 FS.
Law Implemented 381.0072 FS.
History m New 6-1-93, Formerly 10D-13.0292, Amended 3-15-98.
A(3ENDA ITEM
MAR g 7 2COl
BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS
Name of event: ~ ~)---~.~
Person in charge of booth: ~~
Types.of fo~ or beverage to be sewed:
n
Flora Administrate C~e, Chapter ~E-~ ~ r~ui~ all f~ to
an appmv~ sours. All f~ storage, pmpam~n and ~e~U
for ~ event shall not be done in p~ate homes.
Lo.,on of .~v~.~d fo--.prep.re,on: (~g~
How will food be transported ~o event location?
J/H
Method of keeping food hot ~L~(~l/~r cold at event site:
Method of cooking food. at the Ioca~n:
Food must be protected from dust, insects, flies, coughs, sneezes.
you pro~ ~.~j~ p~r.ot~_e~'on__? ~1~,~ tyre o(~,q~ruqtum: .... , ~
How will
Adequate facilities and supplies shaft be provid _e~:l.~ for e,'~ployee handwashing.
How will you provide this?
AGENDA ITEM
NO.
MAR
Failure to comply with applicable food service requirements in accordance with
Chapter 64E-11, Flodda Administrative Code, may result in enforcement action.
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 am 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 establishment and I certify that said business will
be conducted in compliance with the Flodda Administrative Code,
Chapter 64E-11.
Signature of ap~p~cant ~
Date:
AGENDA ITEM
MAR ? 2001
PO.
SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS
Name of event
Address of event
Date(s) of event
Sponsor of event
Person in charge of food service
Phone
Number of food and beverage booths
Estimated number of attenders expeqted at,_the event at one time?
Number of toilets to be provided:
Portable: Male (,~) Female
Permanent: Male (~) Female
Method of toilet waste dispo.s~. I,;
U' '
Describe method of liquid kitchen waste dispos_gal:
De~czibe oonl~ine~.and method of $_olid
)
)
Number of solid waste disposal containers provided:
Describe facilities and rn~thod of handwas, hirlg;
Describe facil'.~.s and method of utensil we~hing, rinsing and sanitizing:
Source of potable water:.
AGENDA ITEM
"°' /~,
MAR 2 7 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 pub.~ 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 ~ponsor's~a/gent
Date:
AGENDA ITEM
No.
MAR g ? Z001
Page 1
of 2
DESCRIPTION OF LANDS
COUNTY UTILITY EASEMENT
0 FOOT WIDE STRIP OF ~D ~CATED IN THE VINEy ~IT 3, AS
RECORDED IN P~T BOOK 16, PAGES 2-5, IN THE ~DS
PUBLIC ~CORDS OF
COLLIER COUNTY, F~RIDA, LYING 7.50 FEET ON EITHER SIDE OF THE
FOL~WING DESCRIBED CENTERLINE=
~O~ENCING AT THE NOR~EST CO~ER OF SE~ION 5 TO~S -
~N~.2%~'_~OLLIER COUNTY, F~R ' .... HIP 49 SOUTH
~ ...... ~uuTH RIGHT-OF-WAY -~ ..... ~A; SAID CO~=R BEING
A~NG SAID RIGH~-~ ... ...... ~"~ u~' V~DERBILT B~u ....
83 ~ ~. __ _f~_y~-"az ~RE SOUTH 89'~-. --TC~" ~uau; THENCE
- . ~Ji-~S~' ?u T~S ~OINT OF BEGINNINC; ~' '~ ~AST, _A DIST~CE OF
~'~'ANCE OF 2274.11 FEET~ TH~---'n-2~ ~CE SOUTH 01"28~00"
o~' 27.42 FEET; THEN~ . ...... T?~ ouu-a'n z2'51~12-EAS~ --
FEET, THENCE SOUTH 20.1=,=-. ........ EAST, A DIST~CE
SOUTH 01'28~0o. ;a-- -_~'_n==x, A DIST~cE OF . OF
~ SU~Ec~ ~ EAS~s~ ~SERVATIONS, OR ~S~I~Io~s OF ~CORD
k
2049\TRS4U3
AGENDA ITEM
MAR 2 7 2001
Collier County Sheriff's Office
3301 Tamiaml Trail East
Building "J"
Naples, FL 34112
Telephone (AC 941) 774-4434
March 8, 2001
Ms. Peg Ruby
Collier County Parks and Recreation
3300 Santa Barbara Blvd.
Naples, FL 34 l. 16
Dear Ms. Ruby;
I have received and reviewed your plans for a 2 day country music event
April 6 & 7, 2001, at Vineyards Community Park.
We will provide law enforcement service for your event, based on the
proposed security plan.
Thank you to please fax the hours as soon as you have them, so that I
might begin scheduling.
Sincerely,
Lt. Karen C. Strickland
Special Services Bureau
AGENDA ITEM
No.
MAR 2 7 2001
RISK MRN~GEMENT Fax:l-921-7?~-80z18 ~ar 12 '01
11:38
P. 01/O~
COLLT. ER COUNTY R,I:$K MANAG4EMENT
3301 Tamiami Trail East
I~aples, Florida 34112-4902
T&lephone: (941) 774-6415
Facsimile: (941) 774-8048
E-Mail: Sher eeMediavilla~¢o Ilie~gov.net
DATE:
March 12o 2001
TO: Pm-ks & Recreation
Peg Ruby
F AC$]:M,TLE, ~t: 353-100Z
# OF PAGF.~: Two
FROM:
Sharer L. Mediavilla, (:LA
Senior Analyst
Telephone: 8415
SUB.TECT:
Certificate of Liability Insurance - Country .Tam
AGENDA ITEM
.o,
MAR 2 7 2001
RISK MRN~GEMENT Fa×:1-941-?74-80~8 Mac 12 '01 11:39 P. 02/04
~wH. oma n, I~O, a~l Rt, I~urll~ I~ Risk M~ I1~ ~erW~s, I~. To; Sher~ M~la Fa~
ACCO. CER F ATE OF LIABILITY INSU NCE
co~z-z
3200 k&l~"~' ~ ~105
Meplee FT_, 34Z05-8506
P~one: 042-649-Z444 F&x:94[-649-'/'933
II
THr$ CERTIFICATE l$ ISSUED AS a M~T'TER OF I~FORMATION
t~Y AND CONFER~ NO RIOHTI UPON THE CERTIIRCATE
HOLDER. THIS CERTIFICATE DOEI HOT aMIND, EXT~qD OR
ALT~'R THE COVERAGE AFFORDED BY THE POLICIES BELOW.
tt,lt,q~Eg8 AFFORDNG C01/ERAGE
-]
' TI~r'I~LICIP~ OF I1~ LISTED B~I.O~ H~VE ~ 13~ED TD THE ~ WED A~ P~ THE POLICY,PER~D
~Y PE~N. THE IN~;~RDED BY ~E ~UCI~ D~CRIBED HER;IN Ig ~T TO A~ ~ TE~I K~
P~ICIES. A~EOATE LIMIT~ ~ ~Y~VE ~E~ R~D~ ~ P~D
__ ~~ s 6,000,000~
~ C~e~ntve ~ S~CT TO S~ OF ~~ s
E~ ~-~y~ , s 400~ 000
CERTIFICATE HOLDER lIl I ~oo~,te~Lbe~Go;~l.r~,=:
C,UIC ILI..A?ION
CoIL/ix Cou'n~B,c~.=d of Coun~
3301 list T~
~apZes ~ 34112
ACORD 25-3
COT-T. C02
IlIOt~J K Ill 7NI ~ OL~lq 9 ! CJNC~I, Lll) NKIII TNI ILIIIIATIOII
~ R. 8a'h"~',!t,l.I4 CPCUI ~
AGENDA I?~
MAR 7 2001
,,o.
RISK MRNA6EMENT Fax:l-9~l-7?~-80a8 Mar 12 '01 11:39 P.O$/O~
COLL.TER COUNTY I:LTSK MANAGEMENT
3301 Tamiami Trail East
1~3ples, Florida 34112-4902
Telephone: (941) 774-841§
Facsimile: (941) 774°8048
E-Mail: Sher eeMediavi fla~ colliergov,net
Ma~ch 1Z, 2001
TO:
Parks a Recreation
Steve Pfeffers
FA¢ST. MT. LE #: 353-1:002
# OF PA6ES: Two
FROM: 5heree L. Medi~villa, CLA Telep~ne: 84~5
Senior A~lyst
5UBZECT: Certificate of Liability ~nsurance - Collier County Public Schools
AGENDA ITEM
MAR 2 7 2001
RIS,K MRNRGEMENT Fax:l-941-??4-80z)8 Mar 12 '01 11:39 P. 0-4/04
,,,,,,. ,,,c,~ n. ~ouu, ~m ~t msurar~.c i~ Riff( M~ r4~rmu'~ ,Services, Irc. To: $/~,ree MedlaVtlla /axe. (~41) ~4~.7933 De~; 3/12/01 'Jl:19 AM P-r,c
' A CORD.
CERTIFICATE OF LIABILITY INSURANCE
-- 03/zzt01
3200 B~le~ Z~e ~105
~ples ~L 34105-8506
~Ao=e: 9~1-649-1444 F&x: 94.1-649-'/933
THiS CERTII~CATE IS ISSUED A~ A M(TTER OF iNFORMATION
ONLY AND COtJFER~NO mQHT$ UPON TH~ CERTIPICAT~
HOLDER. THle. C~RTI~ICA?E DOES MOT AMI;#~X BIT~JD OR
JM. TER THE COVERAGE AFFORDED BY THE POUCIE$ ~EI.~N.
-~ ~i~tk££eld Xns~ur~u~e
114E PouCIEs O~ ~ LIt?ED '
~.LOW ~V£ OEEM ~ED TO THE ~ ~ED ~ FOR ~E P~ICY PER ~D ~I~ATEO. NO~ANDING
MY RE~, TERM ~ c~DIT;~ ~ ~ ~NT~ ~ OTHER-~TW;~ R~PE~ TO ~1~ ~18 C~IFICATE ~Y BE I~EO OR
~Y PERT~N. ~ I~CEA~D~ ~ THE ~UCI~ DESCRleEO HER EIN'I~ ~USJE~ TO ~ ~ TE~S. E~
~ICIES. A~REGATE LIMITS ~ ~Y~ BE~ RE.CED ~Y P~D C~IMS
A ~1 ~~ ~0~64 10/01/00 10/01/01
B.Z.~. ~ZO0~ 000 ~~ s 2~ 000~ 000 "~
~ ~e~r~ S 6,000,000
A ~ ~'~,~ ~0~64 ~0/01/00 10/01/01 (~:~.~ ~ 1,000,000
~ E~L~ ~
__ X Col~o~ ~ ~lOOrO00
~ 0~ ~ ~.~ S
~01264 10/01/00 10/01/01 EL~.~.0~ f 400? 000'
E~-~,~u~~s ~00,000
Aut~le ~tt~ 8.Z.R. 4100,000. S.I.R.'s ~e ~olu~d witch the
CAI~ c LI,.ATION
~&ple~ FL 34104
ACORD/~-$
CO:LLCO3
~ACORD
AGENDA I~E7 i
~ORPORATIOM I~IM~ /
MAR 2 7 2001
Collier County Parks & Recreation
Presents the 3ra Annual
Vineyards Community Park
6231 Arbor Blvd, Naples, FL
(941)353-0404
April 6 - 7, 2001
Friday Gates Open at 5:00 P.M.
Saturday Gates Open at 12:00 P.M.
Friday 8:00 P.M.
Ticket Information
$5.00 In Advance
$8.00 Advance Combination Ticket
(Good for the entire evenO
Tickets go on sale on March 168
Collier County Community Parks
Gator County 101.9 in Ft. Myers
$8.00 at the gate
Ample Free Parking Available On Site
No C..olers or Alcohol Permitted
Bring Your Blankets & Lawn Chairs
ator Count ry~l~ ~
101 9~~
Camival Rides & Games
(Friday- $10.00 All You Can Ride Special)
Petting Zoo & Pony Rides
Rock Wall & Mechanical Bull
Food
Saturday 8:00
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CEDAR HAMMOCK
UNIT THREE" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "Cedar Hammock Unit
Three", a subdivision of lands located in Section 3 Township 50
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 "Cedar
Hammock Unit Three". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. Ail
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 "Cedar
Hammock Unit Three" be approved for recording.
FISCAL IMPACT:
The project cost is $221,657.83 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 97,133.95
- $121,523.88
The Security amount, equal to 110% of the
project cost, is $243,823.61
AGENDA ITEM
MAR-Z 7 ZO0
Executive Summary
Cedar Hammock Unit Three
Page 2
The County will realize revenues as follows:
· Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $4503.49
Fees are based on a construction estimate of
$221,657.83 and were paid in November, 2000, and
March 2001.
The breakdown is as follows:
a) Plat Review~Fee ($425.00 + $4./ac)- $ 470.60
b)
c)
Paving, Grading (1.3% const, est.)
GROWTH MA/~AGEMENT IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 485.67
Drainage,
Paving, Grading (.42% const~ est.)- $ 510.40
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $1457.01
Drainage,
- $1579.81
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
IMPACT:
There are no
There are no outstanding environmental
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
"Cedar Hammock Unit Three" for recording with the following_
stipulations:
1. Approve the amount of $243,823.61 as performance security
for the required improvements.
AGENDA ITEM
MAR 2 ? 2001
Executive Summary
Cedar Hammock Unit Three
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.
PREPARED BY:
~-~hn R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Date
Thomas E. Kuck, P.E.
Engineering Review Manager
Date
Robert Mulhere, AICP
Planning Services.Department-Director
APPROVED BY:
John ~-. Dunr~ck III~ IhL~rim Administrator
Commuhity Development & Environmental Services
Date
j rh
AR- ? 200
29
_DEN GATE
.52 <
~VIS BLVD.
8
RANGE 26 EAST
33 34
25
RADIO RD.
SITE
3 2
9 10 m 11
35 36
12
I
LOCATION
MAP
NOT TO SCALE
AGENDA ITEM
"°'
MAR 2 7 2001
EXECUTIVE SUMMARY
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN ADDITIONAL
SENIOR PLANNER POSITION IN THE COMPREHENSIVE PLANNING SECTION, PLANNING
SERVICES DEPARTMENT, AND THE ACCOMPANYING AMENDMENT TO THE ADOPTED
FY01 COUNTY BUDGET
OBJECTIVE:
To gain approval for additional staffing and funding to begin the Golden Gate Area Master Plan
(GGMP) restudy in the current calendar year 2001
CONSIDERATIONS:
On February 13, 2001, the Board reviewed several procedural and timing options for conducting a
restudy of the GGMP. Staff received direction to hire an additional Senior Planner in the
Comprehensive Planning Section to enable the commencement of the restudy in the current calendar
year.
FISCAL IMPACT:
Approval of the attached Budget Amendment will transfer $50,000 from MSTD General Fund (111)
reserve for contingencies to Comprehensive Planning cost center 111-138317. This will fund the new'
position ($25,000) through September 30, 2001, and provide an additional $25,000 for consulting
services to assist staff and the committee with specialized technical services on an as needed basis.
GROWTH MANAGEMENT IMPACT:
The approval of this new position and funding will result in the update and amendment of the Golden
Gate Area Master Plan (GGMP) Sub-element of the Collier County Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IM PACT:
None
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the new Senior Planner position and the attached
Budget Amendment to the FY01 Adopted County Budget
ATTACHMENT
?_00I
CCPC RECOMMENDATION:
None
ATTACHMENT
PREPARED BY ~ .
STAN LITSINGER, A1CP~'~ COMPREHENSIVE
PLANNING MANAGER
DATE
REVIEWED BY:
SERVICES DEPARTMENT DIRECTOR~;/
DATE
JOH]N 51. DUNNUCK, III, INTERIM ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAl. SVCS.
/ /
DATE
EX SUMMARY'LB
AGENDA ITEM
MAR g 7 2801
EXECUTIVE SUMMARY
EXECUTE SATISFACTION OF LIEN ARISING OUT OF ORDER
IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE
ENTITLED COLLIER COUNTY V. WILLIAM E. AND BEVERLY M.
MURPHY.
OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed against property
owned by William E. and Beverly M. Murphy pursuant to an Order Imposing Fine/Lien in
Collier Count), v. William E. and Beverly M. Murphy, CEB Case No. 99-066, and recorded at
Official Record Book 2704, Page 0859, et seq.
CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement
Board on February 29, 2000, in Collier Count)' v. William E. and Beverly M. Murphy, CEB Case
No. 99-066. This Order fined the Murphys $1000, and upon its recording at Official Record
Book 2704, Page 0859, et seq., became a lien against all real property owned by the Murphys
and more particularly property identified by Folio No. 51690280108.
On February 8, 2001, the lien amount of $1000 was paid in full in complete satisfaction of the
lien. A Satisfaction of Lien must be executed and recorded so as to discharge the code
enforcement lien as a matter of record. A copy of the Satisfaction of Lien is attached hereto.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Authorize its Chairman to execute the Satisfaction of Lien; and
Florida.
Authorize staff to record the Satisfaction of Lien in the Public Records of Collier Count>',
SUBMITTED BY: <<t._~_~c-, ~
~Ellen T. Chadwell
Assistant County Attorney
/
Date: ~//c ~' /6 /
REVIEWED BY:
Michelle Edwards Arnold, Director
Code Enforcement Department
APPROVED BY:
John ~. Dunnuck, III, Administrator
Com[hunity Development & Environmental
Services Division
Date:
/
Date: ? l'r/~[
Prep&red b~ w~'~,
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-84~0
SATISFACTION OF LIEN
This is to certify that the claim of lien in the sum of One Thousand Dollars
($1000.00), arising out of the Order Imposing Fine/Lien dated February, 29, 2000, on
behalf of Collier County, Florida, and recorded in O.R. Book 2704, Pages 0859, et. seq.,
of the Public Records of Collier County, Florida, against the following described real
property, and all other real and personal property located in Collier County, which is
owned by William E. Murphy and Beverly M. Murphy, has been satisfied in full.
INOMAH BLK A Lots 13 and 14 LESS the West 10 feet of Lot 13
Folio No. 51690280108
The undersigned is authorized to and does hereby release its lien as to the whole
of the above-described real property, and all other real and personal property owned by
William E. Murphy and Beverly M. Murphy, and consents to this lien being discharged of
record.
Dated this day of .2001.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COL NT'~, FLORIDA
Deputy' Clerk
By:
James D. Carter, Ph.D., Chairman
Approved as to form
A~/gal s u ffi~.~r(,~/~
--~:llen T. (TM hadx~,ell
Assistant County Attorney
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES ELKS LODGE
#2010"
OBJECTIVE:
To approve for recording the final plat of Naples Elks Lodge #2010, a
subdivision of lands located in Section 1, Township 50 South, Range
25 East, Collier County, Florida.
CONSIDERATIONS:
Engineering Review Section has completed the review of the final plat
of "Naples Elks Lodge #2010" This document is in compliance with
the County Land Development Code and Florida State Statute No. 177.
Ail fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Section recommends that the final plat of "Naples
Elks Lodge #2010" be approved for recording.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
ENVIRONMENTAL ISSUES: There are no environmental issues.
Executive Summary
Naples Elks Lodge #2010
Page 2
HISTORICAL / ARCHEOLOGICAL ISSUES:
archeological issues
There are no historical or
EAC RECOM/~ENDATION: This project did not require EAC approval.
CCPC RECOMMENDATION: This project did not require CCPC approval.
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Naples Elks Lodge #2010" with the following stipulations:
1. Authorize the recording of the Final Plat of "Naples Elks
Lodge #2010."
PREPARED BY:
John R. HouldsQ0rth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Planning Services Department Director
APPROVED BY:
John M.~Dunnu~k III, Interim Administrator
Commun~ty"-Dev. and Environmental Svcs.
D~te~
Date
Date
HiS' PLAT
D~VtS BOAD ~ ~.
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TRE TIERP~A", AND
APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
TO approve for recording the final plat of "Tre Tierra", a
subdivision of lands located in Section 20 Township 49 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 "Tre
Tierra". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. Ail 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 "Tre
Tierra" be approved for recording.
FISCAL IMPACT:
The project cost is $5425.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $
b) Drainage,
Paving, Grading - $5425.00
The Security amount, equal to 110% of the
project cost, is $ 5967.50
AGENDA ITEM
g 7 200t
Executive Summary
Tre Tierra
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: $543.31
Fees are based on a construction estimate of
$5425.00 and were paid in March, 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 MJ~NAGEMENT IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ -0-
Drainage,
Paving, Grading (.42% const, est.)- $22.79
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $ -0-
Drainage,
- $70.52
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 IMPACT:
There are no historical
There are no outstanding environmental
or
archeological impacts
EAC RECOMI~ENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Tre Tierra" for recording with the following stipulations:
Approve the amount of $5967.50 as performance security for
the required improvements.
AGENDA ITEM
Executive Summary
Tre Tierra
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
uhe County Attorney's office.
PREPARED BY:
John' R. Hourdswogth, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
R6ber{ Mulhere, AICP - ~
Planning Services Department Director
APPROVED BY:
John ~: Dunnuck III, Interim Administrator
Community Development & Environmental Services
Date
Date
Date
jrh
AGENDA ITEM
NO,
2 7 2OOl
..... EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VALENCIA LAKES
PHASE 1-A" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "Valencia Lakes Phase 1
A", a subdivision of lands located in Section 23 Township 48 South,
Range 27 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats.
CONSIDERATIONS:
The Board of County Commissioners approved the plat for Valencia
Lakes on December 12, 2000. Subsequent to the plat being recorded,
legal errors were discovered on the recorded plat. The recording of
this plat will correct the errors on the previously recorded plat.
The plat document is 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 ~ecommends that 'the final
"Valencia Lakes Phase 1-A" be approved for recording.
plat of
FISCAL IMPACt:
The project cost is $823,759.52 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $300,000.00
- $523,759.52
The Security amount, equal to 110% of the
project cost, is $906,135.47
AGENDA ITEM
No.
MAR 2 7 2-001
Executive Summary
Valencia Lakes Phase 1-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: $9721.66
Fees are based on a construction estimate of
$523,759.52 (does not include Orangetree
Utilities water and sewer) and were paid in
August, 2000, and are reflected in the Executive
Summary of December 12, 2000.
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
ENVIRONMENTAL ISSUES: There are no outstanding environmental
issues
HISTORiCAL/ARCHEOLOGICAL IMPACT:
archeological impacts
EAC RECOMMENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
There
are no historical or
That the Board of County Commissioners approve the Final Plat of
"Valencia Lakes Phase 1-A" for recording with the following
stipulations:
1. Approve the amount of $906,135.47 as performance security
for the required improvements.
I- AGENDA ITEM
MAR'2 ? ZOO1
Pg. ~ _ _
Executive Summary
Valencia Lakes Phase 1-A
Page 3
o
Accept the existing Construction, Maintenance, and Escrow
Agreement for Valencia Lakes as security for this project.
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
PREPARED BY: ·
· Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
· Thomas E. Kuck, P·E.
~Engineering Review Manager
kobe~t Mul'Her~[--AICP
Planning Services Department Director
APPROVED BY:
Com~m~ni tyU~enUveClko~ImeI~tI~t~nrvi~r~ndmm~nn~aS]tr~et~vrices
Date
Date
Date
Date
j rh
AGENDA ITEM
MAR
III
LOCATION MAP
NOT TO SCALE
VALENCIA L
LEGAL OESCR
AGENDA ITEM
MAR 2 ? 2001
EXECUTIVE S~Y
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR GLEN EAGLE CART
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The De%eloper of Glen Eagle Cart Barn, has constructed the
water facilities within dedicated easements to serve this
development. See attached location map.
2) Preliminary acceptance was approved by the Community
Development and Environmental Services staff on September 22,
1999, in accordance with Ordinance 97-17.
3) Staff has recorded all appropriate legal documentation which
had been reviewed by the County Attorney's office for legal
sufficiency.
4) The water facilities have been operated and maintained by the
Collier County Water-Sewer District during the one (1) year
warranty period.
5) A final inspection to examine for any defects in materials
and 'workmanship was conducted by the Community Development and
Environmental Services Division staff and found to be
satisfactory.
6) The Utilities Performance Security (UPS), in the form of a
Cash Bond in-the amount of $1,031.00, will be released to the
Project Engineer or the Developer's designated agent upon the
Boards approval.
FISCAL IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water facilities will be paid by monthly user
revenues.
GROWTH ~%NAGEMENT IMPACT: This project has been connected to the
County Regional Water Treatment Plant. Capacity presently exists
to serve this project.
AGENDA IT. EM
.o.
MAR 2 7 2001
Executive Summary
Glen Eagle Cart Barn
Page Two
RECOMMENDATION: The Community Development and Environmental
Services Division Administrator recommends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept the water facilities
for Glen Eagle Cart Barn, and release the UPS to the Project
Engineer or the Developer's designated agent.
PREPARED B.y:
~ ,/~, :' ~; ~' , /"
Shirley N~x, Lkn, ~ineezZing Technician II
Engineer~ing ReView Services
Date
REVIEWED BY:
Thomas E. Kusk, P.E.
'Engineering Review Services Manager
Date
R~~ere, AI CP
Planning Services Department Director
~ -/=- ~,/
Date
APPROVED BY:
John . D n .~~nu~terim Administrator
Date
attachments
AGENDA iTEU
MAR. ? 001
OOL £N GATE pARK"lAy (C.R. 886) ·
v
~AT ~
r~
LOCATION MAP
NOT TO $CAL~
AGEND& ITEM
.o.
MAR 2 7 2001
PcJo
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
I Trans Number 1 Date t Post Date Payment Slip Nbr
154629 I 09/17/1999 3:01:05 PM 09117/1999 MS 59614
TRANSEASTERS PROPERTIES, INC.
GLEN EAGLE CART BARN
Payor · TRANSEASTERN PROP
Fee Information
Fee Code
12BOND
Description ~ G'L Account
' DEPOSITS-COMM DEV (CASH BOND] 67000000022011300000
Total
Amount Waived
$1031.00
$1031.00
Payments
Payment Code AccountJCheck Number Amount
, CHECK 827625359 $1031.00
Total Cash. ' $0.00
Total Non-Cash i $1031.00
Total Paid ! $1031.00
Memo:
Cashier/location: FROLOFF_E / 1
User: NIX_S
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
AGENDA ITEM
"°'/~, h/o-
MAR 2 7 Z001
Printed:09/17/1999 3:01:44 PM
EXECUTIVE SU~VLkRY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRIARWOOD UNI'f
SEVEN"
OBJECTIVE:
To approve for recording the final plat of Briarwood Unit Seven, a
subdivision of lands located in Section 31, Township 49 South, Range
26 East, Collier County, Florida.
CONSIDERATIONS:
Engineering Review Section has completed the review of the final plat
of "Briarwood Unit Seven". This document is in compliance with the
County Land Development Code and Florida State Statute No. 177. Ail
fees. have been paid. There are no subdivision related improvements
associated with this plat.
Engineering Review Section recommends that the
"Briarwood Unit Seven" be approved for recording.
final plat of
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for~
the project.
ENVIRONMENTAL ISSUES: There are no environmental issues'
AGENDA ITEM
No.
MAR 2 7 ZOO1
Executive Summary
Briarwood Unit Seven
Page 2
HISTORICAL / ARCHEOLOGICAL ISSUES:
archeological issues.
There are no historical or
EAC RECOMMENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat 'of
"Briarwood Unit Seven" with the following stipulations:
1. Authorize the recording of the Final Plat of "Briarwood Unit
Seven."
PREPARED BY:
John R. Houl~sworth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
Thomas E. Ku~k, ~.'E.
Engineering Review Manager
;'Ro~~lhere, AICP
Planning Services Department Director
APPROVED BY:
nterim Administrator
John M~'D '
Commur~ty'" Dev. and Environmental Svcs.
Date
Date
~Date
AGENDA, ITEM
NO. '~/ ~) ~4
MARZ 7 2001
30
~c~r ~I~J____~LDEN GATE PARKWAY
~ 56 O 32
~ ~ Z
O RADIO RO ~O C.R. 856
1 FOXFIRE
6
PRO,
SITI
LOCATION MAP
(N.T.S.)
AGENDa. ITEM
No.. / /
MAR 2 ? 2001
pg. ~3
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRIARWOOD UNIT
NINE ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREE
OBJECTIVE:
To approve for recording the final plat of "Briarwood Unit Nine", a
subdivision of lands located in Section 31 Township 49 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 ,'Briarwood
Unit Nine". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. Ail 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
,'Briarwood Unit Nine" be approved for recording.
FISCAL IMPACT:
The project 'cost is $95,143.05 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $20,974.00
b) Drainage,
Paving, Grading - $74,169.05
The Security amount, equal to 110% of the
project cost, is $104,657.36
AGENDA ITEM
Executive Summary
Briarwood Unit Nine
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $1,695.20
Fees are based on a construction estimate of
$95,143.05 and were paid in November,.2000.
The breakdown is as follows:
a) Plat Review~Fee ($425.00 + $4./ac)- $445.00
b)
c)
Paving, Grading (1.3% const, est.)
GROWTH MANAGEMENT IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $104.87
Drainage,
Paving, Grading (.42% const, est.)- $311.51
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $314.62
Drainage,
- $964.20
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: There are no outstanding environmental
issues
HISTORICAL/ARCHEOLOGICAL 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
"Briarwood Unit Nine" for recording with the following~
stipulatioRs:
1. Approve the amount of $104,657.36 as performance security'
for the required improvements.
AGENDA ITEM
NO.
MAR g 7 2001
Executive Summary
Briarwood Unit Nine
Page 3
2
Approve the standard form Construction
Agreement, and
and Maintenance
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
· an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
PREPARED BY:
John R. Hould~wbrth, Senior Engineer
Engineering Review
REVIEWED BY:
Date
Thomas E. Kuck, [E.
Engineering Review Manager
R~bert Mulhere, AICP
Planning Services Department. Director
APPRO~D BY:
John M/~ Dunnuck III, Interim Administrator
Commu~ty Development & Environmental Services
D~te
Date
Date
j rh
AGENDA ITEM
No.
,4-/-o%
MAR-g 7 2001
pg. J
3O
~LD£N GATE PARKWAY'
~ ~
,-
= RADIO RO~
~,~
1 FOXFIRE ~ -
LOCATION ~P
(N.T.S.)
AGENDA ITEM
NO.
MAR 2 ? 2001
Pg'_ Z,/_. '~---
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDI~'~ THE FINAL PLAT OF "BRIARWOOD UNIT
TEN", 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 "Briarwood Unit Ten", a
subdivision of lands located in Section 31 Township 49 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 "Briarwood
Unit Ten". 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
"Briarwood Unit Ten" be approved for recording.
final plat of
FISCAL IMPACT:
The project ~st is $230,452.95 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving., Grading
- $ 74,422.00
- $156,030.95
The Security amount, equal to 110% of the
.project cost, is $ 253,498.25.
AG ENDA~IT~EM
MAR g ? 2001
Executive Summary
Briarwood Unit Ten
Page 3
o
Approve the standard
Agreement, and
form Construction
and Maintenance
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
.an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
PREPARED BY:
Gohn R. Houldswo~-th, Senior Eng±neer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Date
Date
Mulhere, AICP
Planning Services Department. Director
APPROVED BY:
John/9~. Dunnuck III, Interim Administrator
CommUnity" Development & Environmental Services
Date
j rh
AGENDA ITEM
MAR 2-7 2001
Pg.
3O
25 GOLDEN GATE PARKWAY
, ~ 36 o; 32
~ o '~ RA0,O RO~, qC.R. 856)
1 FOXFIRE -- --
6
PRO.H~
LOCATION MAP
(N.T.S.)
AGENDA ITEM /
No. ; -
MAR2 7 2001
EXECUTIVE SU-t~I~d~Y
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "JUBILATION", 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 "Jubilation", a
subdivision of lands located in Section 32 Township 46 South, Range
29 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
"Jubilation". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. Ail fees were
waived by the Board of County Commissioners at the regularly
scheduled meeting of January 1t, 2000 (item #8A2) . 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
"Jubilation" be approved for recording.
that the final plat of
FISCAL IMPACT:
The project cost is $650,000.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $185,000.00
- $465,000.00
The Security amount, equal to 110% of the
project cost, is $715,000.00
AGENDA ITEM
No.
MAR g 7 ; OOl
Executive Summary
Jubilation
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: $ -0-
Fees waived by the Board of County Commissioners:
$11,631.00
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
ENVIRONMENTAL ISSUES: There are
issues
HISTORICAL/ARCHEOLOGICAL IMPACT:
archeological impacts
EAC RECOMMENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
no outstanding environmental
There are no historical or
That the Board of County Commissioners approve the Final Plat of
"Jubilation" for recording with the following stipulations:
Approve the amount of $715,000.00 as performance security
for the required improvements.
AG END,~ ITEM
MAR 2 7 2001
Executive Summary
Jubilation
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.
c. That any unresolved issues relating to right-of-way
dedications are resolved prior to recording of the final
plat.
PREPARED BY:
John R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Date
Thomas E. Kuck, P.E.
Engineering Review Manager
Rober~ Mulhere, AICP
Planning Services Department Director
APPROVED BY:
John M,'i' Dun~uck III, Interim Administrator
Community Development & Environmental Services
Date
Date
j rh
AGENDA ITEM
No..
EAR
SCALE
2,:I
26
3(
14
6
17
Johnson Rd.
20
~21 i 22
28
27
I
26
-~MMOKALEE
f AIRPORT
LOC A TION MAP
AGENDA ITEM
MAR 2 ? 2001
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS
APPROVE THE RELEASE OF PURPORTED LIEN FOR PUBLIC NUISANCE
RESOLUTION 98-308.
OBJECTIVE: To release a purported lien recorded after the time frame of a property
transfer that did not meet the notice requirements.
CONSIDERATION: On September 1, 1998 the Board of County Commissioners
adopted Resolution NO. 98-308 assessing a lien for the abatement of a public nuisance in
the principal amount of $175.00 on the property described as Lot 12, Block 101, Golden
Gate City (incorrectly stated as "Estates" in previously recorded Resolution 98-308 in OR
Book 2466, Page 2498) Unit 3, which was owned by Jeffery L. and Lisa M. Crawford.
This property was part of a Personal Bankruptcy issue and by operation of the law
ownership interest transferred, by way of a Certificate of Title, recorded January 8, 1998.
At the time this case was being investigated the Property Appraiser's records indicated
the owners to be Jeffery L. and Lisa M. Crawford and proper notice was given, as
required. On February 6, 1998 the property ownership rights were conveyed by way of a
Warranty Deed, prior to the recording of the lien. Because ownership of the real property
described above was conveyed to a new and different owner of record prior to recording
said resolution, the purported lien never attached to the property.
FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording
the Release of Lien, which is estimated to be $6.00 and will be paid from the Code
Enforcement account.
GROWTH MANAGEMENT IMPACT: No impact anticipated
RECOMMENDATION: That the Board approve the attached Release of Purported
Lien for the cost of the abatement of a public nuisance, as recorded on September 1, 1998
by Resolution NO 98-308 recorded in OR Book 2466 Page 2948 of the Official Records
of Collier County, Florida.
SUBMITTED BY: r~'/~ 'Ff-~-- - -~'~ Date: '3 -2.9 - ol Janet L. Powers, Operations Manager
REVIEWED BY: ~ v - _ Date:. 3 -.:bY- U / Michelle Arnold, Director Code Enforcement
APPROVED BY: /l' John M. Dunnuck 1II, Interim Division 'Administrator
MAR 7 001
This instrument prepared by:
Patrick G. White
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
FOR CLERK'S USE ONLY
Property Folio No. 36000800009
RELEASE OF PURPORTED LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLOR[DA was the owner and holder of a certain
purported Lien arising by Resolution No. 98-308 against:
Jeffery L. & Lisa M Crawford
4516 28Ih Pl. SW
Naples, FL 34116
The purported lien was recorded on October 02, 1998 Official Record Book 2466, Page 2948, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien
purportedly secured the principal sum of One Hundred Seventy-Five dollars (175.00), plus accrued
interest and penalties, if any, and purportedly imposed certain obligations against real property situated
in Collier County, Florida, which property is described as follows:
Lot 12, Block 101, GOLDEN GATE CITY, Unit 3, According to the plat thereof as
recorded in Plat Book 5, Pages 97 to 105, Public Records of Collier County.
REFERENCE: #70617-011
Collier County, a political subdivision of the State of Florida, by execution of this Release of Purported
Lien, acknowledges and hereby cancels any said Lien which may have been created by recording said
resolution. Because ownership of the above referenced real property was conveyed to a new and
different owner of record prior to recording said resolution, the purported lien never attached to the
property,
The Clerk of the Circuit Court is hereby directed to record this Release of Purported Lien in the
Official Records of Collier County, Florida, to acknowledge that legally the lien never came into being
and does not now exist.
1N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairman, directs execution and recording of the Release of Purported Lien, by action of
the Board this day of ,2001.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:.
James D. Carter, Ph.D, Chairman
l~atri~k G. White, Assistant County Attorney
MAR 2 7 2001
EXECUTIVE SUMMARY
APPROVE THE PURCHASE OF FOUR NEW VEHICLES FOR THE
TRANSPORTATION DIVISION AND APPROVE THE NECESSARY BUDGET
AMENDMENTS.
OBJECTIVE: To obtain Board approval to purchase four (4) new vehicles for the Transportation
Division and approve the necessary budget amendments.
CONSIDERATIONS:
The Transportation Division recently added several new positions to the Division and also shifted
several positions to different departments. They also took over the operations of the MPO
Department and formed a new Transportation Planning Department. We currently do not have
enough county vehicles to support the new staff that has been added which in some cases causes
staff members to use their own personal vehicles for County business.
One vehicle is being requested for the Director of the Transportation Planning Department. This
vehicle will also be shared with her staff members. One (1) vehicle is being requested for the
Transportation Operations CAD section that was transferred from Transportation Engineering to
Transportation Operations. This section includes 5 employees that will share one vehicle. Two (2)
vehicles are being requested for 2 new Engineering Inspector positions that were recently approved.
The funding of 2 vehicles will come from Fund 313 (Gas Taxes) and the Funding for the other 2
vehicles will come from Fund (101) Transportation Services. The cost for each vehicle on the state
contract is $21,063.50.
FISCAL IMPACT A budget amendment is needed to transfer funds from the Transportation
Services Fund (101) Reserves ($42,127) and from the Gas Tax Fund (313) Reserves ($42,127) and
appropriate in each departments operating budget for the purchase of these vehicles. Total cost for
all 4 vehicles will be $84,254.00.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the purchase of four
(4) new vehicles for the Transportation Division and approve the necessary budget amendments.
DATE:~7., i,, ;/, - i ---
DATE: '~1 1~'tt',
~AR 2 7 2001
EXECUTIVE SUMMARY
ACCEPT ACCESS & MAINTENANCE EASEMENTS FROM THE FOUNTAINS
CONDOMINIUMS THAT WILL FACILITATE THE COUNTY IN MAINTAINING AN
EXISTING DRAINAGE EASEMENT NORTH OF RATTLESNAKE HAMMOCK
ROAD.
OBJECTIVE: To accept Access & Maintenance Easements from The Fountains
Unit III, Inc., a Florida corporation not-for-profit and The Fountains Unit No.5
Condominium Association, Inc., a Florida corporation not-for-profit (collectively
referred to as the Fountains Condominiums) that will allow Collier County to access
and maintain an existing drainage easement.
CONSIDERATION: An Access and Maintenance Easement is required from the
Fountains Condominiums which will enable the Collier County Stormwater
Management Department to access and maintain the existing drainage easement
that was dedicated in favor of Collier County in the Plat of Riviera Golf Estates Plat
Book 10, Page 104. This drainage easement is located along the eastern border of
the Fountains condominium developments and north of Rattlesnake Hammock Road
and is instrumental in alleviating flooding in this East Naples neighborhood.
The required documents have been reviewed and approved by the County Attorney
as to their legal form and sufficiency in preparation for acceptance by the Board of
County Commissioners. The required easements are being acquired via donation.
~-,~_ISCAL IMPACT: Total acquisition with documentary stamps and recording costs
~ ~ exceed $100.00. Funding is available in the Stormwater Management
Administrative Fund 001 for the FY-01 budget. The source of the funding is ad
valorem taxes.
GROWTH MANAGEMENT: The maintenance of the County's secondary canal
system is implemented in accordance with commitments made in the County's
Growth Management Plan
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and accept the Easements as granted by the Fountains
Condominiums;
2. Authorize the Chairman to execute the affiliated agreements;
Authorize staff to proceed with the related real estate closing transaction and
to record with the Clerk of Court the easement and appropriate documents
that will assist to clear title in the Public Records of Collier Cou
No. I (
MAE 2 7. 2001
Executive Summary
Fountains Condominiums Maintenance Easements
Page 2 of 2
SUBMITTED BY:
REVIEWED
Ernie W. Kerskie, Real Property Specialist III
Real Property Management Department
Carrington, Jr., pirecio[
Real Property Management Department
REVIEWED BY:
Robert C. Wiley/P.E., Senior Project Manager
Stormwater Management Department
REVIEWED BY:
APPROVED BY:
Joh~/H. Boldt, P.E., PSM, Director
Stormw~er Management Department
Norman E. Feder, AICP, Administrator
Transportation Division
DATE: ~-15~°I
DATE:
DATE:
AQ~/I~. ~3~ I,'lI~
NO.
MAR 2 ? 2001
Pg. r~
PROJECT: Fountains/Riviera Golf Estates
PARCEL: Fountains Unit 5
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between THE FOUNTAINS UNIT NO. 5 CONDOMINIUM
ASSOCIATION, INC., a Florida Corporation not for profit, (hereinafter referred to as
"Owner"), whose mailing address is 4490 Chantelle Drive, Naples, FL 34112, and COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"),
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112.
WlTNESSETH:
WHEREAS, County has requested that Owner grant to the County an Access and
Maintenance Easement for the right to enter upon said land, excavate, and place or remove
materials for the purpose of accessing, constructing, operating and maintaining the existing
adjacent drainage and utility facilities. The Access and Maintenance Easement shall be
over, under, upon and across the lands described in Exhibit "A" (said Access and
Maintenance Easement hereinafter referred to as the "Property"), which is attached hereto
and made a part of this Agreement;
WHEREAS, Owner desires to grant the Property to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to grant the Properb,
to the County for the stated purposes, on the terms and conditions set forth herein, sak
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall grant the Property via an Easement to County at no cost to the
County, unless otherwise stated herein.
2. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
3. The Closing ("Closing") of the transaction shall be held on or before ninety (90)
days following execution of this Agreement by the County, unless extended by mutual written
agreement of the parties hereto.
4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/Or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
5. The County shall pay for all costs of recbrding the granting instrument in transaction
in the Public Records of Collier County, Florida. Any and all othe.~ c. osts~ s~ha,_l~: b~e~_ai_(;J,~,
Owner.
6. Owner represents that the Property and all uses of the
presently are in compliance with all Federal, State and Local en,
AG ~..~1. I~ IT~{~
N°'--J-~ r-52 -~--~~
Property have ~een and
ironm~ ~s~t no
....
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings.
or on appeal), penalties or fines incurred by or asserted against the County by reason or
arising out of the breach of Owner's representation under Section 6. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
9. To the greatest extent allowed by law, Grantee shall indemnify, save harmless and
defend Grantor from and against all losses, claims, demands, payments, suits, actions,
recoveries and judgments of every nature and description brought or recoverable against
Grantor by reason of any act or omission of Grantee, its agents, consultants, employees or
contractors in the execution of any work performed pursuant to this easement, and agrees to
assume any related costs.
10. Granting of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not. contained herein.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
,Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
James D. Carter, Ph.D, Chairman
MAR 2 7 2001
AS TO OWNER:
First Witness (Signature)
(Print or Type)
Second Witness (Signature)
Name: .'~.l~. ~
(Print or Type)
The Fountains Unit No. 5 Condominium
Association, Inc., a Florida Corporation
Name/Title
Name: ~.,¢.~,~'.-',,~-,; ~/~'-'/~?,4~/ (Print or type)
Approved as to form and
legal sufficiency:
R o~/,~.-~ ~
Assistant County Attorney
AGE~I~IDA ITE. b)
MAR 2 7 2001
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT_
oLL,
LEGAL DESCRIPTION (NOT A SURVEY)
PROTECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT $
THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF
THE SOUTH 1325.74 FEET' ;)F TRACT "K" OF THE PLAT THEREOF, RIVIERA
COLONY GOLF ESTAT~S,i~RACT MAP AS RECORDED IN PLAT BOOK 10,
PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND;
THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN
SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF,
RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT
BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
No.~~-- - _
MAR 2 ? 2001
Pg._ L; -
' "~'~'(~ I~. RICHMOND · .
PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 .... SHEET 1 OF 1
PROJECT: FOUNTAINS/RIVIERA GOLF ESTATES
PARCEL: FOUNTAINS UNIT 5
EASEMENT
THIS EASEMENT, made and entered into this / ,z~ !ayof /z-;~gu'lJ~'-/V' ,
2001, by THE FOUNTAINS UNIT NO. 5 CONDOMINIb,~ ASSOCIATION, INC., a
Florida Corporation not-for-profit, whose mailing address is 4490 Chantelle Drive,
Naples, FL 34112 as Grantor to COLLIER COUNTY, a political subdivision of the State
of Florida, whose mailing address is 3301 Tam/ami Trail East, Naples, Florida 34112,
its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and-other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, license, and privilege for access and maintenance purposes,
on the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of accessing,
constructing, operating and maintaining the existing adjacent drainage and utility
facilities. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
IN THE PRESENCE OF:
FIRST WlTNES~Signature) ~' ~._,)
SE~/?~NI~ WI'~E[SS (~ignature)
(Print Name)
THE FOUNTAINS UNIT NO. 5
CONDOMINIUM ASSOCIATION, INC., a
~'~FI°rida Corporation~.~r.~.~not ~or profit ~
.~_~resid~ent or Vice Pre'"~dent
NAR 2 ? 2001
pg. '~
STATE OF FLORIDA
COUNTY OF COLLIER
_The. foregoing Easement was acknowledged be, fore me th!s / day of
~,~(" .... 2001, by ~,~,o~..~,~Cc~ /~g,4-.~,+,.,,' (Name/Title), on behalf of
T~e Fountains'Unit No. 5 Condominium Association, Inc., a Florida Corporation not for
profit, and ~ is p~_rsonally known to rn'e..3ur has produced
Identification]~dentiflcation.
(Affix notarial seal)
(Signature of Nota
(Print Name of Notary)
Commission #
My Commission Expires:
Prepered bY
N. Z~chary, Esquire
tho Courtly Att~rnsY
~:~ T~miam~ Trail
Florida 341 t~
MAR 2 7 2001
PUBLIC ~VORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
', (941) 774-8192
EXHIBIT~_
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT 5
THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF
THE SOUTH 1325.74 FEET ')F TRACT "K" OF THE PLAT THEREOF, RIVIERA
COLONY GOLF ESTAT~S,~RACT MAP AS RECORDED IN PLAT BOOK 10,
PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND;
THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN
SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF,
RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT
BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PREPARED BY DAT
;:~;~'~"~i' ~'i~/~'~'~' .......... i .......... "
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 .... SHEET 1 OF 1
PROJECT: Fountains/Riviera Golf Estates
PARCEL: Fountains Unit 3
DONATION AGREEMENT
.1
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made ~
and entered into by and between, THE FOUNTAINS UNIT III, INC., a Florida Corporation
not-for-profit, a/k/a THE FOUNTAINS UNIT NO. 3, INC. (hereinafter referred to as "Owner"), :
whose mailing address is~325 Ch~.--'---zm-:z2~+ ~.:.-::!evz¢~-, ?-L:~;;e~., F'L 3:~i ~2,. and COLLIER-:
COUNTY, a political subdivision of the State of Flodda, (hereinafter referred~'to as "County"), !
whose mai ng address is 3301 East Tamiami Trail Naples Florida 34112. _,J.,3 . ~ I
WlTNESSETH:
WHEREAS, County has requested that Owner convey to the County an Access and ~
Maintenance Easement for the right to enter upon said land, excavate, and place or removet~l
materials for the purpose of accessing, constructing, operating and maintaining the existing ~1
adjacent drainage and utility facd~t~es. The Access and Maintenance Easement shall be ~:~'~
over, under, upon and across the lands described in Exhibit "A" (said Access and ~'1
Maintenance Easement hereinafter referred to as the "Property"), which is attached hereto
and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner sh'all convey the Property via an Easement to County at no cost to the
County, unless otherwise stated herein.
2. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
3. The Closing ("Closing") of the transaction shall be held on or before ninety (90)
days following execution of this Agreement by the County, unless extended by .mutual written
agreement of the parties hereto.
4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
5. The County shall pay for all costs of recording the conveyance instrument in
transaction in the Public Records of Collier County, Florida. Any a, ~tl~.;.h.~ll~;i b~
paid by Owner. No.~)
6. Owner represents that the Property and all uses of the Prop~l~.a~ ~ and
presently are in compliance with all Federal, State and Local en ironmehtal l'aw~'tE~t no
Pg.
hazardous substances have been ge.nerated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings'
or on appeal), penalties or fines incurred by or asserted against the County by reason or
arising out of the breach of Owner's representation under Section 6. This provisiQn shall
survive Closing and is not deemed satisfied by conveyance of title.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
10. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
,Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
James D. Carter, Ph.D, Chairman
AGENDA I'~__..
No.._~
.2001
AS TO OWNERS:
'FirSt ~it~"ess (Signature)
(Print or Type)
§e~0nd 'Wit'-ne-ss (~igr{ature)
~' (P~'i~ Or Type)
The Fountains Unit III, Inc., a Florida
Corporation not-for-profit, a/k/a The
Fountains Unit No.~c.
' N~'m~itle
Name:
(Pdnt or type)
Approved as to form and
legal sufficiency:
Robert 2a'~h~ry
Assistant County Attorney
AGE~I~/~TEM')
NAR 2 7 2001
Po.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT
Page / of..
LEGAL DESCRIPTION (NOT A SURVEY)'
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT 3
THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT
"K" OF.THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES
TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
~;~EORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET I OF 1
PROJECT: FOUNTAINS/RIVIERA GOLF ESTATES
PARCEL: FOUNTAINS UNIT 3
THIS EASEMENT, made and entered into this ¢~/ day of
2000, by THE FOUNTAINS UNIT III, INC., a Florida Corporation not-for-profit, a/k/a
THE FOUNTAINS UNIT NO. 3, INC. whose address is S-".g C;;u;iu~;;:-.~;;;~.
.......... "-~:'~ to COLLIER COUNTY, a political subdivision of th~
,.~. ....,,_ ...... as "Grantor"
State of Florida, whose mailing address is 3301 Tamiami Trail East, NapleS, Florida ~.~
34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successo'rs and ·
assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknow!edged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, license, and privilege for access and maintenance purposes,
on the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of accessing,
constructing, operating and maintaining the existing adjacent drainage and utility
facilities. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
IN THE PRESENCE OF:
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
THE FOUNTAINS UNIT Ill, INC., a Florida'
Corporation not-for-profit, a/k/a THE
FOUNT_.oAINS UNIT NO._3, INC.
' Y¢~-2"; ' ~ '
Pr~'i'~ent or Vice President
No,~L~Z2
MAR 2 7 2001
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement was acknowledged before me this 2-1 ~ day of
~'~ ,2000, by ~.~,,~ C. ~,~c, LI/~. ('UameFFitle), on behalf of
The Fountains U~n_iLLIt,Jn~.~~ation not-for-profit, a/k/a The Fountains Unit
No. 3, Inc., and~yho is personally known to m~--~or has produced
[type of Identification] as identification.
(Affix notarial seal)
~o,,~.~LP4e¢. Ernest W. Kerskie
· ,f% ~Commil~i0a ~ C~ 753115
~ E,~ptm~ ,J~ne 21, 2002
~-, BONDED mRU
(Print Name of Notary)
Commission # (.'~ '7
My Commission Expires:
Prepared by:O'S..~'~ ~
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
Naples, Florida 34112
(941) 774-8400
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT,,
Page,, I of~
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT 3
THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT
"K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES
TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AGEblDA ITEM
MAR 2 7 2001
Pg. [CC;
O~EORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF I
EXECUTIVE SUMMARY
APPROVE COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS
FOR PROFESSIONAL ENGINEERING SERVICES FOR VANDERBILT BEACH
ROAD) COLLIER COUNTY PROJECT NO. 63051, CIE NO. 24.
OBJECTIVE: Obtain Board's approval of Committee's ranking of firms for the Vanderbilt
Beach Road Professional Engineering Services and authorization to begin contract negotiations
with the top ranked firms for subsequent Board approval.
CONSIDERATIONS: On January 22, 2001 the County requested proposals (RFP//01-3195)
from firms that are interested in providing Professional Engineering Services of a consulting
engineering firm to provide complete design and environmental permitting services to convert
Vanderbilt Beach Road fi.om a two lane rura! roadway to a six lane (6) urban divided roadway
from Airport-Pulling Road to Logan Boulevard and four lane (4) urban divided roadway from
.Logan Boulevard to Collier Boulevard (formerly called CR 951).
One hundred thirty eight (138) notices were sent out. Total of six (6) firms requested RFP fi.om
the County and responded on February 16, 2001. Review of the six (6) proposals suggested that
all of the prospective engineering firms complied with the County Purchasing requirements. See
the attached Professional Engineering Services Selection Committee Ranking Matrix.
The Committee reviewed the six proposals and ranked the best qualified (the top 3) finns for
approval and contract negotiations as follows:
1. CH2MHill
2. Wils0nMiller, Inc.
3. Stanley Consultant, Inc.
Upon Board's approval of the Committee's ranking, staff will negotiate a Profession'al
Engineering Services contract with the top ranked firm and hope to reach an agreement in two
weei~s time. If agreement is not reached, staff will begin contract negotiation with the second
ranked firm for subsequent Board approval.
~-¢FISCAL IMPACT: for the Professional Engineering Services contract will come from
Funding
the Road Construction Gas Tax Fund (313). Source of Funds will be Gas Taxes:
GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with
the Capital Improvement Element of the Growth Management Plan. CIE No. 24
RECOMMENDATION:
Committee's ranking. (2) Authorize staff to begin contract negotiations with
ranked firm for the Board's approval
That the Board of County Commissioners (1) approve the
. AO-.-~ND~, ITE~
No.
NAR 2 7 2001
pg.
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
Date: ~//9 /oj
A. Nyankadau Korti, Project Manager
Transportation Engineering & Construction Management Department
Mitch Riley, P.E., Sr. Project Manager
Transportation Engineering & Construction Management Department
..(~ c(~, ~'Z'[{7 Date: ~ lief/O {
Stev~-Camell, D~ector
Purchasing Department
Stephen Miller, P.E., Director
Transr~9/tation Engineering & Construction Management Department
Norman Feder, AICP, Transportation Division Administrator /
Date:
MAR 2 7 2001
TABULATION FOR RFP # 01-3195
"Design & Permitting for Vanderbilt Beach Road (Airport-Pulling to Collier Blvd.)"
DATE OF RFP ADVERTISEMENT: 01/22/01
RFP DUE: 02/16/01
NO. OF NOTICES SENT: 138; VENDORS REQUESTED FULL PACKAGE: 6
Proposer
Pitman Hartenstein & Assoc.
Wilson Miller
lohnson En$ineering
Consul-Tech Eng., Inc.
Stanley Consultants, Inc.
CH2M Hill
Tampa, FL
Naples, FL
Naples, FL
Miami, FL
City, State Original + 5 Copies
X Yes I--]No
X Yes ['-] No
X Yes [-] No
X Yes [--] No
West Palm Beach, FL X Yes [-] No
Tampa, FL × Yes [--] No
Witness
I
MAR 2 7 2001 i
·
EXECUTIVE SUMMARY
THAT THE BCC APPROVE A POLICY ALLOWING COUNTY EMPLOYEES TO
PURCHASE MONTHLY BUS PASSES THROUGH PAYROLL DEDUCTION
AND THAT THE COUNTY PROVIDE A 50% MATCH AS AN EMPLOYEE
BENEFIT.
OBJECTIVE: To approve a policy allowing County employees to purchase monthly bus passes
through pa)xoll deduction and that the County provide a 50% match as an employee benefit.
CONSIDERATION: Currently the County offers various benefits to employees through
payroll deduction such as the Fitness Center membership. With the start up of Collier Area
Transit (CAT), employees have an opportunity to leave their cars at home and take the bus to
and from work. A bus pass program would reduce the parking problem at the Government
Center, allow some employees to reduce the number of cars they must own and lead the way
in encouraging other major employers in the area to provide a similar benefit to their
employees.
In recent discussions, the Finance Deparmaent General Operations Manager indicated that
payment for the passes through payroll deduction would be possible.
FISCAL IMPACT. ~ It is estimated that 5 to 10% of employees would use public transportation
for travel to and from work. Based on approximately 1,300 Count).' employees, the County's cost
of a monthly pass program would be $15,600 per year. ($20.00 per pass x 130 employees x 12
months ~ 50% of cost) = $15,600. If approved, the County and each participating employee
would contribute $4.62 bi-weekly for participation in the program. The County's $4.62 bi-weekly
share would be funded from the participating employee's departmental operating budget.
GROWTH MANAGEMENT IMPACT; None.
RECOMMENDATION: That the Board approve a policy to offer monthly bus passes to
employees through pa~yxoll deduction and provide the 50% match as an employee benefit.
Norn~ Feder, Transportation Services Administrator
/
MAR 27 2001
EXECUTIVE SUMMARY
APPROVE WORK ORDER PUED-MS-29 TO MITCHELL & STARK
CONSTRUCTION COMPANY, INC. FOR ROYAI. PALM IRRIGATION PUMP
STATION IMPROVEMENTS, CONTRACT 00-30~"~, PROJECT 73916.
OBJECTIVE: To improve system reliability and reduce operational expenses.
CONSIDERATIONS: This station delivers pressurized reclaimed water to irrigate Royal
Palm Golf Course. The existing pump station has proven to be inefficient and unreliable and
needs to be replaced. Staff received quotes from the four firms currently under contract for
providing Underground Utility Construction Services. Our consultant recommends award of
the contract to Mitchell & Stark Construction Company, Inc. A copy of their letter is
attached.
The quotes are as follows:
Mitchell & Stark
Florida State Underground
Kyle Construction
D. N. Higgins
Base Bid
$105,960
$126,823
$131,717
$133,000
Attached is a copy of the work order to Mitchell & Stark Construction Company, Inc. to
perform this work.
FISCAL 'IMPACT: Funds for this work order in the amount of $105,960 are available from-
County SeWer Capital Projects. The funding source is User Fees.
GROWTH MANAGEMENT IMPACT: This work will have no impact on growth
management.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio
governing board of the Collier County Water-Sewer District, approve and authorize the
Pubhc Utilities Engineering Director to execute Work Order PUED-MS-29 with Mitchell &
Stark Construction Company, Inc.
suBMITTED BY: Date:
Alicia Abbot~ Public Utilities Engineering Project Manager
Karl W. Boyer, P.E., Interim/Utilities Engineering Director
REVIEWEDBY: (~~ ~ ~ Date:
Jo~phB.~eatham, Wastewater Director ~
~ ?~ Date:
APPROVED BY: ~//~_~~ ~.~~7/
Jame.~V. Mudd, P.E., Public Utilities Administrator
MAR 2 7 2001
HOLE MONTES
ENGINEERS. PLANNERS. SURVEYORS
950 Encore Way. P.O. Box 111629- Naples, FIodda 34108 · Phone: 941.254.2000 · Fax: 941.254.2097
March 6, 2001
03-07-2001 A04:05
Ms. Alicia Abbott
Collier County, Government Complex
Public Utilities Engineering Department
3301 East Tamiami Trail, Bldg. "H"
Naples, Florida 34112
Royal Palm Reuse Pump Station
BIDS REVIEW AND RECOMMENDATION OF AWARD
HM File No. 2000.038
Dear Alicia:
We have reviewed the four bids received on February 2nd for construction of the proposed Royal Palm
Reuse Pump Station. The bids are summarized on the enclosed spreadsheet. We recommend award of
the construction contract to Mitchell & Stark Construction Company, Inc. in the amount of $105,960,
which includes a 24 month manufacturer's warranty on the pump system from Flowtronex.
At the County's direction, we have requested noise level information from Flowtronex on the proposed
system. Although they do not have certified noise level data; the factory, is attempting to estimate an
approximate noise level. As soon as this information is received, we will forward it to you. In the
interim, we suggest noise level readings be taken on the existing Royal Palm Pump Station system.
These readings should be measured during maximum noise levels and at 5 or 10 feet away and at the
closest property line.
If, you have any questions or concerns regarding this matter, please contact me. Thank you for the
opportuniW to be of service to Collier County.
Very truly yours,
Ff.. Cliffor _{~/P~per III, P.E.
Directorfl/Project Management
HCP/mmw
Encl.
cc: Bob Casey Jon Pratt
W:\2000~2000038\C I (Client Corr)k20~010306-aa-rev-bid-review-ltr.doc
Naples. Fort Myers. Venice. Englewood
AGENDA ITEM
No.J_~_O_.. ( t)__
MAR 27 2001
Pg._
HOLE MONTES, INC
BID TABULATION FOR COLLIER COUNTY WASTEWATER DEPARTMENT
ROYAL PALM REUSE PUMP STATION
BIDS RECEIVED FEBRUARY 2, 2001
Bid Mitchell & Florida State Kyle
ItemI Item Description Stark Underground Construction
2
Furnish Only One Packaged, Four-
pump System
Install Only One Packaged. Four-
pump System
Piping Removal and Salvage of
· Existing Equipment
Optional Extended Two-year
Warranty on Pump System
$97,960.00
$7,000.00
$1,000.00
Included in bid
$93,378.00
$25,200.00
$97,267.00
$24,45O.O0
$6,000.00
$2,245.00
$6,8oo.ooi
$3,200.00
D.N.
Higgins
$114,000.00
$15,00000
$3,000.00
$1,000.00,
BID TOTAL
Name of pump manufacturer
Calendar days required for completion
$105,960.00 $126,823.00 $131,717.00 $133,000.00
Flowtronex Flowtronex Flowtronex FIowtronex
120 90 120 98
Bid with Alternate Manufacturers:
None None
$109,778.00
Wate~onics
120 days
$111,000.00
Watertonics
98 days
$87,500.00
Golf Course
Irrigation Svcs
98 days
2000.038Bid-Tabulation-12Feb01 .xls
AGENDA ITEM --
MAR 2 7 2001
WORK ORDER # PUED-MS-29
"UNDERGROUND UTILITY CONTRACTING SERVICES"
Contract #00-3087, Dated October 10, 2000
This Work Order is for General Contractor's Services, subject to the terms and
conditions of the Contract referenced above, for work known as:
Project:
South County Water Reclamation Facility
Royal Palm Reuse Pump Station
The work is specified in the proposal dated February 2, 2001 from Mitchell & Stark
Construction Company, Inc. which is attached hereto and made part of this Work Order.
In accordance with terms and conditions of the Agreement referenced above, Work
Order # PUED-MS-29 is assigned to Mitchell & Stark Construction Company, Inc.
Scope of Work:
Task I: Furnish One packaged, four-pump system.
Task I1: Install one packaged, four pump system
Task IIh Piping removal and salvage of existing equipment
Schedule of Work: Complete within 120 Calendar days form issue of notice to proceed,
Compensation:
In accordance with Item 4 of the Agreement, the County will compensate the Firm in
accordance with the negotiated lump sum amount provided in the schedule below.
Task I: _$ 97,960
Task I1: $ 7,000
Tasklll $ 1,000
Total Fee $105,960
(Lump Sum)
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.
Alicia Abbott, Project Manager Date
Public Utilities Engineering Department
APPROVED BY:
Jo p~hB. Cheatham, Wastewater Director
Date
APPROVED BY:
Karl W, Boyer, P.E., Interim Director
Public Utilities Engineering Department
Approved as to Form aad
Lethal- Snfftcien~cy: ~,
Asst-~tant County Attorney
ATTEST:
(Corporate Secretary)
By: By:
Type Name and Title
FUND: 414 COST CENTER: 263611
Date
ACCEPTED BY:
Date: '~,]?/t'~i
Name of Firm
Signature
Brian Penner, Vice-President
OBJECT CODE: 763100
Project No. 73916
AGENDA ITEM
NAR 2 7 200!
EXECUTIVE SUMMARY
APPROVE RE-APPROPRIATION BUDGET AMENDMENTS FOR THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT CHEMICAL FEED PIPING
REPLACEMENT, PROJECT 70890
OBJECTIVE: To allow funds budgeted in FY 2000, to be re-appropriated in the FY 2001
budget.
CONSIDERATIONS: On September 26, 2000, Agenda item 16 (C)(2), the Board awarded
Mitchell & Stark Construction Company (MSCC), the North County Regional Water Treatment
Plant (NCRWTP) Chemical Feed Piping Replacement project, in the amount of $199,940. A
purchase order request in the amount of the award was submitted to be opened; however for
unknown reasons, the request was never implemented. MSCC is currently progressing in the
construction of the project, and is ready to invoice for the work they have completed to-date. A
new purchase order is required in order to compensate MSCC for their work.
FISCAL IMPACT: Budget amendments are necessary to re-appropriate $199,940. Source of
funds is User Fees.
FUND PROJECT CONTR/I CT
User Fees (412) 70887 $170,000.00
User Fees (412) 70057 · 29,940.00
Total $ 199,940.00
GROWTH MANAGEMENT IMPACT: This work will have no impact on growth
management.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District, approve the necessary budget
amendments to re-appropriate funding in the amount of $199,940, and authorize staff to issue a
purchase order in the same amount, to MSCC for the NCRWTP Chemical Feed Piping
Replacement, Project 70890.
Peter Schalt, PMP, Project Manager
REVIEWED BY: P~ent
Karl W. Boyer, P.E., Int~im Dire~m'
APPROVED BY:
DATE:
DATE:
Public Utilities Engineering Department /~
//--
$a~ Mudd, P.E., Adminis~tor
Pub~ Utilities Division
EXECUTIVE SUMMARY
ACCEPT A UTILITY EASEMENT FROM IMPERIAL GOLF CLUB, INC. THAT
WILL FACILITATE THE COUNTY IN UPGRADING AND IMPROVING AN
EXISTING RECLAIMED WATER MAIN, PROJECT 74015.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida,
acting as the ex-officio governing board of the County Water-Sewer District of Collier
County, Florida, accept a Utility Easement from Imperial Golf Club, Inc., a Florida
corporation, that will allow for the upgrading and improving of an existing reclaimed
water main located within the Imperial Golf Course Development.
CONSIDERATION: As part of a 1985 Agreement executed between the Board of
County Commissioners of Collier County, Florida, Acting As The Ex-Officio
Governing Board of the County Water-Sewer District of Collier County, Florida and
Imperial Golf Club, Inc., a reclaimed water main has been installed and maintained
within the Imperial Golf Course Development. The reclaimed water main was
designed to supply treated County effluent water to the Imperial Golf Course
Development to be used in golf course irrigation.
The C'°unty is upgrading and improving the reclaimed water main system, which
requires a Utility Easement to be granted from Imperial Golf Club, Inc. The County
is acquiring the new Utility Easement by donation.
In order to ensure that Collier County's interests are protected, the Utility 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 Projects Fund 414. The source of the funds is from water and
sewer user fees.
GROWTH MANAGEMENT: The project is needed for the County!s effluent
resourc~ management system. Effluent resource management is consistent with
the 'Collier County Growth Management Plan which states that the County will
continue to promote the use of treated wastewater effluent for irrigation purposes in
order to provide an environmentally sound effluent disposal method and to conserve
potable water and groundwater supplies.
RECOMMENDATION: That the Board of County Commissioners ac
officio governing board of the County Water-Sewer District of Collier
Executive Summary
Utility Easement from Imperial Golf Club, Inc.
Page 2 of 2
Accept the Utility Easement donated from Imperial Golf Club, Inc.
2
Authorize staff to proceed with related real estate closing transaction
and to record with the Clerk of Court the easement and appropriate
documents to clear title in the Public Records of Collier County, ..
Florida.
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
Ernie W. Kerskie, Real Property Specialist III
ReaI.Property~Managem~r~t Department
b~arle~ E. Ca~in-gt°n,'Jr~, Direr. to
Real Property Management Department
Ron Dillard, P.E., Project Manager
Public Utilities Engineering Department
Kar~,~
~Public~tilities Engineering Department
Jaffies V. Mudd, P.E., Administrator
Public Utilities Division
DATE: ~ -'l L(_ c,t
DATE:
DATE: ~ -/'4- -('? /
DATE: ?//?z/Of
AGENDA IT[M
No.
HAR 27 2001
Pg. '~_~
PROJECT: Imperial Service Connections Reclaimed Water Mains
PARCEL: Imperial Golf Club, Inc.
UTILITY EASEMENT
THIS EASEMENT, made and entered into this I..3 day of Oc~o~e. ,2000, by
IMPERIAL GOLF CLUB, INC., a Flodda corporation, whose address is 1808 imperial Golf
Course Boulevard, Naples, Flodda 34110, as Grantor and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its
successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" iht_Jude all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration
paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
non-exclusive easement, license, and privilege for utility and maintenance purposes, on the
following described lands located Jn Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, excavate, and place or remove materials including, but not limited to, pipes,
service and pump stations, and other equipment or improvements appurtenant thereto or
thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon.
Grantor and Grantee are used for singular or plural, as the context requires. The easement
granted herein shall constitute easements running with the land and shall burden the lands
described above. By acceptance of this Utility Easement, Grantee acknowledges that this
easement is given.subject to the Grantee's continued observance of all conditions set forth in
the Agreement between Grantor and Grantee dated March 28, 1985 as recorded in Collier
County Minute Book 86, Page 354. This Utility Easement shall automatically terminate upon
expiration or earlier termination of the March 28, 1985 Agreement.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
IN THE PRESENCE OF:
FIRST WITNESS (Signature)
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
IMPERIAL GOLF CLUB, INC. ~-.
a Fl°rid~_ °rp°ra~..ti°~',/~,~
//Pre,~ent Ur Vice President
AGENDA IT~MVI
HAR 2 7 2001
(Affix notarial seal)
~$ Bonded T~u
'~'/~1~~' ,~.~ln~c ~oI)c~g CO., InC.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Utility Easement was acknowledgeU before me this /-~ ~ dav of
~/'~,~ ~,-' ,2000, by J~,~,~ ~. ~--,&i,~,,,,~//~r~,/~,/~(Name/Tltle), o'----'-'~ behalf of
Imperial Golf Club, inc., a Florid§ corporation, and who is personally known to me
~ [ty,~-e.~.aP, e~] a~.
~_Signature of'Notary~
(Print Name of Notary) _
Commission # ~,~
My Commission Expires: ~ .-~_~,~'
A~~enc~ ~
~ ~s~st~nt Cou~t) ~ttor.e~
AGENDA ITEM
HAR 2 7 2001
P~.. ~
AGENDA ITEM
NO.. _._L~_~.,_ '-~-
MAR 2 7 2001
EXHIBIT
~ OF THE CENTERLINE OF A 15-FOOT STRIP OF LAND
LYING IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLUER COUNTY, FLORIDA:
~ AT THE SOUTHEAST CORNER OF LOT 24, IMPERIAL
GOLF ESTATES PHASE 1, A SUBDIVISION IN SAID SECTION 14 AND
RECORDED IN PLAT BOOK 12, PAGES 62-65, PUBLIC RECORDS, RUN
SOUTH 21~7'08' EAST 72.64 FEET ALONG A LINE THAT IS A
SOUTHERLY EXTENTION OF THE EAST LINE OF SAID LOT 24 TO THE
POINT OF BEGINNINg; OF SAID CENTERLINE; THENCE SOUTH 84'
56'53' EAST 104.35 FEET TO A POINT OF CURVATURE; THENCE
69.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO
THE NORTH HAVING A RADIUS OF 177.50 FEET, A CHORD WHOSE
LENGTH IS 68.87 FEET AND BEARS NORTH 83'51'58' EAST TO A
POINT OF TANGENCY; THENCE NORTH 72'4.0'49' EAST 46.76 FEET;
THENCE NORTH 65'31'43' EAST 76.47 FEET TO A POINT OF
CURVATURE; THENCE 162.70 FEET ALONG THE ARC OF A
CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
356.50 FEET, A CHORD WHOSE LENGTH IS 161.29 FEET AND BEARS
NORTH 78'56'12' EAST TO A POINT OF TANGENCY; THENCE 'SOUTH
87'53'46' EAST 105.00 FEET; THENCE NORTH 88~16'52' EAST
104.,38 FEET; THENCE SOUTH 50'10'34" EAST 55.20 FEET;
THENCE SOUTH 72'40'34 EAST 293.13 FEET TO A POINT OF
BEARING BASED ON THE PLAT OF. IMPERIAL GOLF ESTATES PHASE -1.
SEE SHEETS 2
AND 3 FOR
SKETCH OF
DESCRIP~ON
THIS IS NOT A SURVEY!
SKETCH OF DESCRIP~ON
FOR COLLIER COUNTY PUBLIC
WORKS DEPARTMENT
REVISION:
OA'~D J. ~'ATT, m~.S.~. (FO~ ,~E ~RM)
FLA. MC. NO.
NOT VALID ~ ~E SlGNA~E~ AND
~E ORIGINAL RAI~ SEAL OF A ~IDA
UCENSED SUR~YOR AND MAPPER
CORRECTED DESCRIPTION
3/2/99
CORRECTED DESCRIPTION 11/3/00
FILE: IGEDESCEI.DWG
WILKISON &:
~ASSOCIATES
INC. I
'i 02-25-99 1200
CONSULTING ENGINEERS AND SURVEYORS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 645-2404 FAX NO. (941) 6~.3-5173
FLORIDA BUSINESS LICENSE NO. LB5770
DATE I FB PG I DRAWN BY W.O./DWG. NO.
61 I JPG 14681/48-L-89-1
SHEET 1 OF ,3
AGENDA ITEM,
No.
HAR 2 ? 2001
EXHIBIT
Pege ~ of
POINT OF BEGINNING
LOT 24
GOLF COURSE
~j
/ I ~ "' 22'22':1,9' R -. 177.,.5~
A - 89.31
CH - 68.87'
C.B. - N 83~1'58' £
A. 2e'08'§7"
R -
A - 162.70 ,
CH - 161.29
C.B. - N 78'36'12'
MATCHLINE
SEE SHEET
3OF5
POINT OF COMMENCEMENT
~OUTHEAST CORNER OF LOT
IMPERIAL GOLF ESTATES PHASE 1
SCALE: 1" -, 60'
KEY:
Z~- DELTA
R - RADIUS
A -- ARC LENGTH
CH - CHORD
C.B. - CHORD BEARING
~ - CEN3ERUNE
GOLF COURSE
PARKING
SEE SHEET 1
OF 3 FOR
DESCRIP~ON
THIS IS NOT A SURVEY!
SKETCH OF DESCRIPTION
FOR COLLIER COUNTY PUBLIC
WORKS DEPARTMENT
FILE: IGEDESCE2.DWG
&l~ WILKISON &:
~ASSOCIATES
II mm
CONSULTING ENGINEERS AND SURVEYORS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643-2404, FAX NO. (94,1) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
DATE I F'a PGI DRAWN BY
02-25-99 200 61 JPG
W.O./DWG. NO.
146~1/48-L-ag-2
SHEET 2 OF 3
AGENDA IT~_M
HAI 2 ? 2001
SCALE: 1' - 80'
KEY:
~,- DELTA
R - RADIUS
A - ARC IFNGTH
CH - CHORD
C.B. - CHORD BEARING
~ - CENT~RUNE
GOLF
COURSE
Z
R ,= 3,56.50'
A = 162.70'
CH - 162.29'
C.B. ,,, N 78',.36'12'
15.0' --~
blATCHUNE
CLUB
HOUSE
AREA
N · FOR DESCRIPTION
.O,N~r oF TER.,N /~ .~1~, WILKISON &:
LAKE ~ASSOCIATES
W W INC. I
CONSULTING ENGINEERS AND SURVEYORS
3506 EXCHANGE AVE. NAPLES, FLA. 54104
(941) 64,3-2404 FAX NO. (94-1) 64.3-5173
FLORIDA BUSINESS LICENSE NO. LB5770
I DATE I FB PG I DRAWN BY I W.O./DWG. NO.
SEE SHEET
20F3
EXECUTIVE SUMMARY
APPROVE BUDGET AMENDMENT TO RECOGNIZE TRANSFER OF MONIES
FROM FUND 001 - PARKS AND RECREATION TO FUND 195 - TOUBIST
DEVELOPMENT TAX - BEACH RENOURISHMENT
Obiective: To obtain Board approval of associated budget amendments to transfer monies in
the amount of $140,576 fi.om Fund 001 - Parks and Recreation to Fund '~9B- TDC
Beach Renourishment
Consideration: Three positions associated with beach re-nourishment and pass/inlet
management are being transferred from Fund 001 - Parks and Recreation Department, Beach &
Water to Fund 195 ;tlDC Beaches. The total amount associated with personal services &
operating to be transferred is $140,576.
Fiscal Impact: Recognize transfer of $140,576 fi.om Parks & Recreation Beach & Water
to Fund 195 - TDC - Beach Renourishment.
Growth Management:
There is no impact to Growth Management.
Recommendation: That the Board of County Commissioners approve the necessary budget
amendments.
Prepared by: /~.. x.~..~,. Date:
Debbie Roberts, Operations Coordinator
Parks and Recreation Department
.-, 7 ! ~ ,/ ./
//L/',~ .:
Reviewed by: ~'Z~',; '/~,,~-F/~)4 /~(~.4¢'~if Date:
Mah~ R~ma~sey, Director
Parks and Recreation Department
Approved by: Leo ochs ~lr., Public ¢. Adm?n. Date:
Public Services Divijt(on
Approved by: Date:
Tom Wides, Fiscal Operations Director
Public ~lilitie~Operations
I
Jim MUdd, Administrator
Public Utilities/Admin.
Approved by: l' Date:
EXECUTIVE SUMMARY
AWARD OF BID 00-3195 TO LEO' S SOD TO RENOVATE THE BALL FIELDS AT
GOLDEN GATE COMMUNITY PARK.
Objective: To award Bid to the recommended bidder to renovate the Ball Fields at Golden Gate
Community Park.
Consideration: Bid 00-3198 was posted on Feb. 15, 2001 with invitations to bid sent to 64 vendors. Seven
(7) vendors submitted proposals: Gulf Coast Hydroseeding, Richard's Company, Leo's Sod, Turfmaster,
Benson Const. Co., Emerald Island Turf and Evergreen Landscape. The 7 quotes were submitted as follows:
Gulf Coast Richard's Benson Emerald Evergeen
Hydroseedine Company Leo's Sod Turfmaster Const. Co. Island Turf Landscape
Field I $ 59,600.00 $ 48,800.00 $ 28,720.00 $ 39,200.00 $ 53,600.00 $ 28,000.00 $ 52,000.00
Field 2 $ 59,600.00 $ 48,800.00 $ 28,720.00 $ 39,200.00 $ 53,600.00 $ 28,000.00 $ 52.000.00
Total $119,200.00 $ 97,600.00 $ 57,400.00 $ 78,400.00 $107,200.00 $ 56,000.00 $104,000.00
Staff has reviewed the quotes received and recommends award to Leo's Sod as the lowest, qualified and
responsive quote that can meet the required timeframe. Emerald Island Turf did not have a license at the
time the bids were submitted; therefore they did not meet the minimum qualifications for the bidding
process.
Fiscal Impact: Funds are budgeted in Parks and Recreation, Fund 306.
Growth Management: There is no impact to the Growth Management.
Recommendation:
amount of $57,400.00.
Prepared by: . /~/
Debbie Roberts, Operation Coordinator
Department of Parks and Recreation
Reviewed and _///?~/y,ff/~
Approved by:
l~ai-la R-an~s~y, Direct0~r-
Department of Parks and Recreation
Reviewed and
Approved by:
/
Steve Camel ,:l/k'f~Director .
I~tment of Purchasmg
Reviewed and
Approved
by:
Leo Ochs Jr., Public SVs. Admin.
Division of Public Services
That the Board of County Commissioners award bid to Leo's Sod for a total
Date:
Date:
Date:
EXECUTIVE SUMMARY
Authorize the Collier County Public Library to submit an application for a
Library Services & Technology Act Grant, and authorize the Chairman of
the BCC to sign certification for the Grant.
OBJECTIVE: To obtain the signature of the Chairman of the Board of County
Commissioners on a Library Services & Technology Act Grant application being
submitted to address the special Library, technological & informational needs of Collier
County's large and growing population of older adults.
CONSIDERATION: The Library is eligible to apply for federal funds for special
projects. If awarded to the Library, the LSTA Grant would require local matching funds
equal to a minimum of 1/3 of the amount of federal funds requested. The Grant project
would begin October 1, 2001 and end one year later on September 30, 2002. The Library
intends this to be the second year ora two year Grant.
This project targets older adults in Collier County's assisted and independent living
facilities, senior centers and community centers. These older adults have been identified
as an underserved segment of the Library community. The Library will use grant money
to hire new staff, purchase new computer equipment, and present programs at the
Library and these locations showcasing the Internet, the Library's website and the World
Wide Web.
The goal is to provide Library, information and Internet access to this special segment of
the Library community. The Library has hired a Library Outreach Specialist II to
develop and manage the program, and to provide computer training and hands-on
workshops to these older adults, and would continue this employment in the second year
of this grant
The Library will work in Partnership with senior centers and facilities to purchase and
install computer workstations that incorporate Web based technologies. As a result, a
larger number of older adults in Collier County will learn to use technology and have on-
line access to the Library, e-mail, and other information resources.
FISCAL IMPACT: The total budget for this project is $81,982 for FY02. If awarded,
this Grant provides $61,482 and requires local matching funds equal to a minimum of 1/3
the amount of the Federal funds requested. The matching funds for this project totalling
$20~500 will be provided by the Friends of the Library of Collier County ($10,000) and
the Library Trust Fund ($10,500). There is no fiscal impact associated with submitting
the grant application. This request is for the second year of a proposed two-year l~rant.
After FY 02, the Library will review this project. Based on its success and its A'ge~d.~ It~ /
2 7 200 ]
compatibility with our Long Range Plan, the Library will determine whether to request
full Library funding of the program in the FY03 budget.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION:
1. That the BCC authorize the Chairman to sign the grant application.
2. Authorize the Library Director to sign the agreements.
SUBMITTED BY: ~4 ~--~ )~'~L~ Date:
!01arilyn D. Norris, Extension Librarian
ibra~ Director
'"~Leo ~chs, Jr.~bhc Seduces Adm~mstrator
HAR 2 7 2001
Pg........_~
Florida Department of State, Division of Library and Information Services
LSTA APPLICATION
Application Due: March 15, 2001
LIBRARY / ORGANIZATION NAME Collier Coun _ty Public Library
MAILING ADDRESS 650 Central Avenue, Naples, FL 34102
PHONE # 941-261-8208 SUNCOM #
CONTACT PERSON Marilyn Norris E-MAIL ADDRESS
FEID OR SAMAS AND EO # 59-6000558
CONTRACTING AGENCY NAME
TYPE (check one):
X Public K-12 Academic
CATEGORY (check one)
X Access for Persons Having Difficulty Using Libraries
Library Technology Connectivity and Services
FAX # 941-649-1293
mnorris~collier-lib.org
Collier County Board of Commissioners
Multitype Library Consortium Special State Library
PROJECT NAME Seniors On-Line
PROJECT New X Continuing
LSTA FUNDS REQUESTED $ $60,332
PRIORITY# 1 OF 1
APPLICATIONS SUBMITTED
LIBRARY SERVICE AREA POPULATION 217,580
NUMBER OF PERSONS TO BE SERVED BY PROJECT __2,000
TARGETED USER GROUP (Check all that apply)
Children Youth Adults X Older Adults
Mixed
p Other, specify
John W. Jones ~N~~~~
Typed Name and Signd~re~f L i braT7 ~rganizati on Director
"--D ',~
James D. Carter, Ph.D
Typed Name and Signature of BCC Chairman
Date
Date
Aaats~ Countjr Attorney [ pg. ~ _ 1
C. NARRATIVE
1. Introduction
In September of last year, the State Library of Florida awarded the Collier County Public Library a ..Library
Services and Technology_ Grant to provide Library Service to Older Adults. The Library used the $49,445 in
LSTA funds to initiate a new program called Seniors On-Link The Friends of the Library of Collier County,
Inc. contributed $10,000 towards this project, and the Library allocated $15,100 in matching funds. This was
the first year of a projected two-year grant.
Seniors On-Line addresses the special informational needs of Collier County's large and growing population of
older adults. It brings the Library and its resources to residents &assisted/independent living facilities and
members of senior and community centers who find it difficult to come to the Library. It gives older adults
opportunities to learn to use technology and information to enhance their lives. Each often partnering facilities
is receiving a workstation and computer with Intemet access. A series of visual and hands-on programs will
explain and showcase the Internet, and explain how to access the Collier County Library and other information
on the World Wide Web.
Seniors On-Line is offto a great start. The Library has hired Ronney Cox as the project coordinator for this
grant. She has established an office for Seniors On-Line with its own phone number and email address, and
has had business cards and LSTA labels printed. She is nurturing partnerships with local community centers,
senior centers, and assisted/independent living facilities; and she has coordinated the purchase of services for
Seniors On-Line, and the distribution and assembly of materials and equipment. Cox has formed a Project
Advisory Board and they have already had their first meeting. She has researched the methodology and
materials for creating a curriculum to provide computer training to older adult~. She has created her own
student workbooks, bibliographies and guides; and has developed lesson plans that will hold the interest of
seniors with various levels of mental and physical abilities.
This project has received excellent coverage in the media, both TV and newspaper. As a result, over 200 callers
interested in participating have contacted the Library. A Seniors On-Line newsletter has been created and
mailed to these callers and to the partnering facilities. While providing computer training and access to those in
residential facilities and community centers is our main goal, we join with the partnering residential facilities in
welcoming participants and visitors from'outside. However, most facilities are not physically equipped to
handle such a large number of visitors, as we had respond. Cox chose the Golden Gate Community Center, the
Buena Vida Retirement Home, Veterans Community Park, and the Collier County Public Library as sites to
present introductory computer classes to these interested seniors. Classes were presented in February and
March, and the positive response to these basic classes reinforced our view that there is a tremendous need to
provide computer and Internet access to older adults.
Goodlette Arms, Buena Vida Retirement Home, and Windsor Place received their workstations in January and
computer workshops and training began in February. The following three partnering facilities, Arbor Trace,
Bentley Care Center, and Brighton Gardens received their workstations in March. The final four installations at
Roberts Center, Harborside Healthcare, Homewood Residence, and Golden Gate Community Center will take
place in April. Computer classes and Internet training will continue throughout the summer.
Difficulties in communicating witti Sprint, and in securing final contracts and installation dates with them,
slowed our progress during the first six months &the grant. Experience has been a great~ mcher~ and ,w.e. are
now more adept at obtaining these contractual services. At~e~c~, ~,~...~
No.~'.
MAR 2
Pg -,~,
In the second year of the grant, we intend to install ten additional computer workstations. The majority of these
will be placed with new partnering facilities; but we also intend to evaluate usage at the current sites, and place
additional workstations where there is evidence of need. We will continue our three-tiered approach to
computerflnternet training at these facilities, providing general introductions, small workshops, and one-on-one
tutoring.
We have formally requested a $10,000 budget allocation in FY2002 from the Friends Of The Library of Collier
County, Inc. to provide matching funds for the second year of the Seniors On-Line grant. This request has been
approved. We have included a Letter of Partnership Commitment with the grant application. We appreciate the
support the Friends provide for innovative Library projects like Seniors On-Line.
Seniors On-Line will provide these older adults ongoing access to the information highway. Email, electronic
greeting cards, stock reports, shopping, health information, and Library services will be at the fingertips of all
seniors who are able to use these computers. You may reach Seniors On-Line at 941-455-7656 and through
email at seniors~collier-lib.org
The Friends of the Library of Collier County started the first public library in the County in 1957 in partnership
with the Woman's Club. A private philanthropist deeded an entire square block on Central Avenue in Naples,
Florida for the exclusive use as a public library. The Friends led the fundraising and built the first public library
building in Collier County. In 1992 the County renovated and expanded the current Headquarters Library to
over 34,000 square feet. The Library now functions as a Department within the Public Services Division under
the governance of the Board of County Commissioners of Collier County. A five member Library Advisory
Board is appointed by the Commissioners to establish Library Policy and recommend courses of action
concerning the future development of the Library system.
Since 1957 the Library has grown in size to include seven branches in addition to the Headquarters Library.
These branches are located in Immokalee, Everglades City, East Naples, Golden Gate, Golden Gate Estates, and
North Naples. This year (2001) the County has begun construction of a new, 40,000 square foot Headquarters
Library, centrally located in the unincorporated area of Collier County. The Friends continue to be a valuable
partner for all Collier County Libraries. From its inception, the Collier County Public Library has been built on
partnerships. While the number of community partnerships has grown and continues to change from year to
year, what have remained constant are the Library's responsiveness to the needs of the community and the
commitment to service of our active and dedicated local community groups.
The Collier County Public Library System serves one of the largest counties east of the Mississippi River, a
county that is larger than the states of Rhode Island and Delaware. Collier is bounded by the Gulf of Mexico on
the west and Lee, Hendry, Broward, Dade and Monroe counties on the north, east and south. The County
includes the incorporated cities of Naples, Marco Island and Everglades City, and the unincorporated areas of
Immokalee, Golden Gate, Golden Gate Estates, East Naples and North Naples. Collier County continues to
experience incredible population growth, increasing to approximately 210,000 today from a mere 38,000 in
1970. Collier County is listed yearly in the top ten growth areas of the nation and Florida. Projections show a
population of 315,900 by the year 2015.
the majority of Library circulation and Library visits.
A~endm Item 1
MAR 2 _ o01
pg._ ~ 4
Much of the growth in the County is attributed to the area's desirability as a retirement center. Over 55,000
residents, 25% of the population, are age 65 or older; over 75,000 are age 55 or older. The coast attracts the
affluent and retirement populations. Population densities are heaviest along the Gulf shore bom Marco in the
south to the Lee County line in the north. A large belt of grassland and agricultural acreage extends across the
northern end of the county. This rural ranch and truck farm area, including Immokalee, encompasses one of the
largest winter vegetable growing and marketing sections in the country.
Nearly 70% of Collier County jobs are in the lower paying fields of agriculture, retail trade and the service
industries. Government jobs, finance and investment related businesses, manufacturing, wholesale trade and
construction comprise the remaining 30% of the job market. While Collier County has become Florida's
"richest" county, in terms of annual adjusted gross income, the average wage earner, however, earns only about
$22,000 a year. As with population the banking and investment activities are centered along the coast. The
higher educational levels are seen in the coastal retirement and professional communities. 79% of Collier
County's population are High School graduates or higher. 22.3% are college graduates or higher.
The statistics above paint a picture of contrasting populations in Collier County. On one side we see an affluent
and well-educated population along the coast. In contrast, areas away fi.om the coast like Immokalee, Golden
Gate Estates and Everglades City have significantly high poverty rates. In response, the Library's roles and
services vary from area to area. As stated in its Long-Range Plan, the Collier County Public Library sees itself
as:
· Community Information Center
· Preschoolers Door to Learning
· General Reference Library
· Popular Material Library
· Formal Education Support Center
· Independent Learning Center
· Research Center
Besides these traditional roles, the Library has also adopted the following local roles: · Access to Modem Multi-media
· Sponsor of Educational, Informational and Cultural Programs & Activities
These roles support the Mission Statement that The Collier County PubBc Library will systematically collect,
organize and disseminate in a timely ~ cost effective manner, a select collection of print and non-print
materials, and services for the informational, educational, recreational and cultural needs of the residents of
Collier County.
The Library offers fiction and non-fiction books, Best Sellers and Books on Tape; feature film and educational
videos, music CD's and CD-ROM's; as well as Literacy, Foreign Language, Large Print, Florida and
Genealogy collections to the Collier County Community. The Headquarters' Reference collection is the largest
in the Library system. It contains encyclopedias, business directories, investment and medical information.
The Library's Web site delivers Ebsco, Electric Library, First Search, GaleNet, Tax Forms, NoveList, Phone
Directories and Encyclopedias to any6ne who can access our site on-line. The Library's site, www. collier-
lib. org, also allows customers with our Library card to reserve a book and check their record, in addition to
accessing the catalog.
The Library provides introductory classes about the Intemet and regular classes on using our automated catalog.
Both reference staff and trained computer professionals teach classes. The Library has ] ~t,~rnqt workstations
available to the public at every location in the system. The public computers are filtered [lsin~I/&~e~t~np
selection tool allowing the Library to best respond to community needs and standards. Web sites are reviewed
by categories, and customers and staff have the opportunity to request sites be added or reconsidered.
The Library and the Friends of the Library offer a wide variety of adult and children's programs as well. Story
times for toddlers and preschoolers, summer reading programs for elementary school age children, and
programs for young adults are offered at every library location. Collier County Public Library and its Friends
sponsor a yearly Festival of the Humanities, presenting a wide array of programs covering literature, music, art,
history and travel. Monthly book discussions are offered throughout the Library system, as well as a variety of
special programs, from fiction writing to how to write a business plan.
Through Outreach Services, the Library provides materials to the homebound and those in nursing homes, jails,
hospitals and migrant camps. Mail-A-Book, a postage free service to patrons of any age is available to those
who are physically unable to come to the Library. In FY 2000 Outreach Services presented over 70 programs
for residents of independent and assisted living facilities. The vast majority of these programs were presented
in 20 residential facilities and included Holiday specials, book discussion groups, painting and storytelling
programs. Attendance figures for these programs were close to 2000. A number of these facilities also receive
Large Print and Paperback donations from the Library.
In FY 2000 the Library added two new services for the public. A community information and referral program
was established in Immokalee. The Immokalee Library provides a one-stop resource for information on Collier
Government, the Collier County Sheriff Department, the Clerk of Courts and Collier County Public Schools.
Using an IRIS program, the Library is building a database for Immokalee residents, which will eventually be
expanded to serve all the residents of Collier County. The Library received much support in the start-up of this
project from FLAIRS, and especially from the West Palm Beach Library staff. A bilingual outreach specialist
coordinates this program, and we are actively forming partnerships with agencies and organizations serving the
Immokalee community.
The second new service added in FY 2000 was a pilot Literacy Program based at the Marco Island Branch
Library. This program was built on the initial volunteer efforts of the Friends of the Library of Collier County,
Marco Island Chapter and has been incorporated as a Collier County Library Program. The Library hired a
Literacy Coordinator who works with volunteer tutors in the areas of adult, family and workplace literacy
teaching students to read, write and speak English. This 2-year position was made possible through a generous
donation from a local literacy supporter. After the program's first two years, it is scheduled to expand to other
branches in the system and both the position and program will be incorporated into the Library's regular budget
in FY 2002.
The Library recognizes the growing importance of technology in providing electronic access to worldwide
sources of information for Library users. The Library staff has greatly benefited from the training opportunities
provided through SWFLN and www.learnatgateway, com. As use of technology will assist the Library in
fulfilling its mission statement, the Library has developed a Long-Range Technology Plan, which it has
integrated with its traditional Long-Range Plan. This Technology Plan enhances the ability of the Library to
provide services for the informational, educational, recreational and cultural needs of the residents of Collier
County in a timely and cost-effective manner. The Technology Plan also enables staff to systematically plan for
the effective use of information technologies currently available and those yet to be developed.
The Library goals for the Long-Range Technology Plan include:
· Provide education for staffand the public in using electronic resources.
· Optimize Library's use of automation software.
· ~patron and staff access to and knowledge of information resource
Public Library.
~e¥ond Collier Count
Agenda I _t. em
MAR 2 F 2001
Related to
these goals, the time-line and action plan for FYO! and FY02 include the following activities:
Add public access terminals to facilities other than formal branch libraries; L e., Briggs Resource
Center, Farm Workers Village (Tmmokalee), and other sites as deemed appropriate.
· Add electronic records for holdings of Law Library andAgricultural Extension Services Library to
CCPL database, as time permits.
· Provide weekly public orientations at Headquarters Library. These include an introduction to
electronic resources in the Reference Detmrtment.
· Provide at least two Worm Wide Web classes for the public at each Branch Library annually.
· Update Library Web Page.
· Implement and support the LSTA Grant for Seniors On-Line.
All of the Collier County Public Library's services, goals and plans depend on its resources; and these resources
are taxed in the extreme. Recent Florida Library statistics have shown that Collier County Public Library has
the lowest Expenditure Per Capita of similar sized Library systems in the area. While Collier County has one of
the lowest Books Per Capita measurement (1.4) for a population of its size in Florida, it also has the largest
Circulation Per Capita (8.13) of any similar system in the state. This data indicates a very high level of reading
skills and needs found within the Collier County general population.
Since 1994 the Collier County Public Library has experienced tremendous growth. The Collier County Public
Library ranks in the bottom 10% in the State of Florida when it comes to Library Square Feet Per Capita (.33).
Circulation per year has increased by 500,000 items and citizen usage by 60%. It is obvious that our citizens
are highly educated and bring with them high expectations of library service and a life long history of library
usage. More assets will be needed if the Library is expected to fully meet the expectations of the citizens.
Collier County has the "perfect" Library population. This system's growth and accessibility will only be limited
by the resources invested in it.
Agenda I.tem
MAR 2 7 2001
Pg'; 7 --
2. Need
An eMarketer study puts the number of older Americans (aged 55 and over) who use the Internet at 9.1 million
in 2000, accounting for 22% of all adults online. This is up from 6.6 million in 1999. The study projects that
17.3 million older Americans will be online in 2003.
According to Jupiter Communications, these older Americans spend 8.3 hours online, compared with 7.8 for
college students, and 5.9 for teens.
Commercially, ElderVision. Net, is a company that has designed a computer and virtual community for senior
citizens. This e-services company for the senior living market provides a service designed to bring voice-
activated email, agent-assisted online shopping, and Internet access to residents of retirement communities.
The portable Touchtown console operates via wireless network. Users access Touchtown's online services and
capabilities by touching the screen or talking into a microphone. Eldervision is also developing customized
services that can remind users to take prescribed medicine, order refills or mark important dates.
Jeffery Pepper, founder and CEO of ElderVision has said, the Internet "has been designed and built by young
men for other young men. The rest of us, especially seniors, have had to adapt or be left behind." It is the
purpose of Seniors On-Line to help older adults adapt.
There are 26 retirement and life care communities in Collier County. Housing between three to four thousand
residents, the level of care ranges from independent living to full time skilled nursing care. The average age in
the retirement communities is 85. During these elderly years, many don't seem to get around as much as they
once did. They sometimes fall asleep during the day, they have aches and pains, and they may only be able to
walk short distances. Many must use a wheelchair or walker. Others struggle with low vision or poor hearing.
Still others are experience memory problems.
These older adults are content to have their meals prepared for them and participate in activities held right on
the property where they live. In this way, they stay active and enjoy a more stimulating life than many older
adults. The large number of older adults who participate in programs offered in the retirement communities
demonstrates that older adults like to be stimulated. They like to learn new things. The retirement communities
in Collier County provide a network for the Library to serve senior citizens, and more specifically, those senior
citizens who would not be served if the Library did not come to them.
In the Seniors On-Line Grant Application for the year 2000, Moorings Park, one of Collier County's largest
senior communities, served as an example of how computer use among elderly individuals is growing, thriving,
and enhancing lives in a variety of ways.
In a recent interview, the Activity Director at Moorings Park revealed that more and more residents who are in
their eighties are using computers. They are finding information on the World Wide Web. They are sending and
receiving e-mail. As a result, the level of communication between the residents and their families, friends, and
the world at large has been enhanced.
The computer lab at Moorings Park has motivated many residents to purchase computers for their apartments.
However, they still come to the computer lab. It has become a place for social interaction. They often share
ideas, help one another learn to do things on the computer, or share information that they receive. For instance,
the son of a resident is an astronomer who often e-mails information about what occurs in t._hhe night sky. This
information is shared among a group of residents who stargaze in the evenings. / Agenda, Item
HAR 2 ? 2o01
As the interest in computer use increases among the hundreds of residents at Moorings Park and in other senior
communities, the Library can be very instrumental in paving their path to learning by offering introductory
classes. By providing basic information in a clear, simple manner, and by allowing plenty of time for questions,
the skilled presenter ~an do much to take away the intimidation felt by many seniors who would like to learn to
use a computer, but have little, if any, foundation.
As Collier County Public Library pilots the first year of the Seniors On-Line program, it has been met with
great enthusiasm from the community. The first press release resulted in an article in the Sunday edition of the
Naples Daily News, and two television news broadcasts. This publicity resulted in about 300 phone calls from
senior citizens from all over Collier County who wanted to know how to participate in the Seniors On-Line
program.
The Seniors On-Line program will extend computer use time and instructional opportunities to senior citizens
from the public at large. Plans are being considered, and will be discussed at an Advisory Committee meeting in
April 2001, to include volunteer tutors in this program, to help serve the incredible number of people who are
interested in participating in Seniors On-Line. Various issues concerning qualifications and safety will be
discussed, and guidelines will be set. Partnering facilities agree to make time available for the Library to offer
opportunities for senior citizens, who do not live at the facility, to participate in the Seniors On-Line program.
Located in every section of Collier County, the partnering facilities offer easy access and comfortable
surroundings for visiting seniors. Since many seniors no longer drive, and many that still do drive don't like to
drive too far from home, easy access is important. Also, because the partnering facilities are senior
communities, it makes it easy to focus the program on the senior citizens for which it is intended.
For the areas where there are no senior communities, Seniors On-Line is considering senior day centers,
churches, and community centers. Any facility that shows interest in addressing the technology needs of senior
citizens, and who's facility lends itself to classroom type learning, will be considered. Seniors On-Line Will
remain inventive and open to new ideas in an effort to best serve the participants of the program.
For the 2~d year Grant Application, facilities contacted include Manor Care at Lely Palms, Manor Care at
Lakewood, The Chateau, Orchid Terrace, Canterbury House, Heritage Healthcare, Imperial Healthcare,
Summer House, Merrill Gardens, My Place Senior Center, and the Jewish Congregation of Marco Island. In
surveying these prospective partners, as well as in contacts with existing partners, the response is
overwhelmingly positive and supportive of the Seniors On-Line program.
As the interest in computer use among senior citizens has grown significantly during the past year, more and
more Administrators and Activity Directors have become aware of the many ways in which computer
technology and the Internet can enhance the lives of the residents at their communities. However, they too, are
in the beginning phase of learning to use a computer. Although interested in launching a computer program,
they feel unqualified and welcome the prospect of being a Seniors On-Line partner and being assisted in this
effort.
Seniors On-Line will offer training opportunities for administrators and caregivers. They can use their
computer knowledge to help enhance the lives of residents who find it too overwhelming or difficult to use the
computer themselves. Very sick, elderly persons often feel lonely and isolated. To receive e-mail messages
and/or on-line greeting cards from famil .y and friends could do much to brighten the day of these individuals.
In canvassing skilled nursing care 'facilities for the 1" year Grant, there was not a great deal of interest in the
Seniors On-Line program. It was felt that the majority of the residents would not be capable of using a
computer. Now there is more interest in serving the few residents who are able to use a comp ger. Education has
shown caregivers how computers and the Internet can enhance the lives of their patients. Car, :give~,~s~,~tem
I"'IAR 2 7 2;001
that in facilities where the residents do not always use the computer, the Library can offer more instructional
opportunities for older adults in the neighborhood. In conclusion, there is a great deal of interest now among the
Administrators of Care Centers to participate in the Seniors On-Line program.
By May 2001, all ten of the Seniors On-Line computers will be installed and some level of instruction will have
been started at the ten locations. To date, there are 179 people on the Seniors On-Line mailing list and 150
people have participated in an introductory course, Computer Basics For The Beginner.
Class participants were asked to complete a Student Information Sheet. Information was learned from these
questionnaires that will be of use in planning future classes. About 1/3 of the participants are part-time residents
and will be leaving for the summer. About 1/3 of the participants already own a computer, but of those, only a
very small percentage are using their computer with any feeling of success or accomplishment. Many are afraid
to turn it on. Most of the participants heard about the program from the article in the Naples Daily News. What
do these older adults want to learn? The three most common responses were:
1. Learn to set-up an e-mail account and send and receive e-mail messages.
2. How to find information on the Internet.
3. How to write a letter (word processing programs).
Almost all of those questioned are registered patrons of the Collier County Public Library, and would like to use
the Library's website to access the catalog, as well as their Library account.
Class participants were also asked to complete a survey at the end of the class. The results of the survey, in an
overwhelming majority, stated that they found the class useful, feel less intimidated about using a computer,
feel more comfortable about using computer language, and felt that the printed material (in large-print format)
was appropriate for their needs. They wanted to know when and where the next class would be held. They are
anxiously waiting.
One comment that was expressed over and over at each location was how much they appreciated the simple
explanations that were given. Two ladies wrote that they had learned more at the Seniors On-Line class in two
hours, than they had learned in the entire six weeks course they had taken through Adult Education. Another
comment that was made repeatedly was how most people who had tried to help them learn how to use a
computer, were very knowledgeable about the computer, but did not know how to pass the knowledge on to a
beginner. It seems that many instructors offer beginning courses, when in fact, a student must already know a
good deal of basic computer terms and knowledge to understand what is being explained and succeed in the
course. Many of the senior citizens have had absolutely no experience using computers whatsoever. This is the
group that Seniors On-Line hopes to target.
As senior citizens become the fastest growing group of computer users, the movement to
serve these older adults grows as well. Seniors On-Line will continue to monitor this movement by exploring
websites such as SeniorNet, New Journeys, AARP, the National Aging Information Center, ThirdAge, and
Senior Cyborgs to gain both incentive and direction to bring computers and the Internet to the senior citizens of
Collier County.
Seniors On-Line will maintain lines of communication between the State Library, SWFLN, and other Library
systems to share and compile information and ideas throughout this inventive stage of addressing the
technology needs of Florida's Elders.
3. Inputs
The success of Seniors On-Line is built upon inputs from a variety of sources. Money, staff, facilities,
equipment, supplies, services, volunteers and partners all play a role in supporting this project.
Money from the LSTA grant ($61,482) and from Matching Funds from the Friends of the Library of Collier
County ($20,500) will be used to fund Seniors On-Line.
LSTA money will continue to fund a full-time Library Outreach Specialist II to develop and coordinate the
project, and present the programs to older adults. The grant will fund contractual Services from Sprint,
Earthlink and Total Communications Concepts. The Grant money will also pay for minor office/data equipment
and minor furniture.
Local Matching Funds will be used to pay for travel expenses to the residential facilities and community
centers, and to the LSTA grant training workshop. They will also fund Computer Supplies, Publicity and
Printing. The Friends of the Library will also fund most of the 10 Gateway Pentium III computers for use by
the older adults in this project.
Staff from the Collier County Library System will continue to be used to support Seniors On-Line The Head
of Extension Services will continue to provide grant supervision and employee supervision of the Library
Outreach Specialist II position. Library IT staff will continue to provide support and back-up to the computers
used by the seniors. Library Drivers will continue to transport furniture, supplies and equipment to the facilities
of the grant partners. In providing this support, the Library will work towards the goals of its Long Range
Technology Plan.
Facilities for the computer workstations and activity rooms for group presentations will be provided by the
resident facilities and community centers. The Collier County Public Library will make its meeting rooms
available for introductory programs for seniors, and will continue to provide office space for the Library
Outreach Specialist at the Estates Branch Library. Through this partnership the Library will provide broader
Library access to older members of the community.
Equipment available for the use of Seniors On-Line includes office furniture at the Collier County Public
Library, as well as, a computer and prin~[{ir, Library delivery van, photocopier and video projector for
developing Internet training programs for seniors.
Supplies donated by the Collier County Public Library include paper, pens, toner, postage, fasteners, folders and
tape.
Services provided by the Library include the Library's Web page, www.collier-lib.org and on-line reference
services including NewsBank, Ebsco, First Search, and GaleNet; as well as phone and fax service.
Volunteers for the Library enjoy more variety in the duties they perform and provide clerical support for
Seniors On-Lin~ We also encourage:those volunteers with computer expertise to provide technical and
instructional backup to the seniors involved in this program.
Partners like the Friends of the Library of Collier County, Inc. are hard to find. They have financially supported
our building programs, our yearly Festival of the Humanities, the development of special materials collections,
book discussion groups, Outreach programs for seniors, and programs for our jails and migrant camps. Once
again they have made a commitment where our Library has seen a need and have agreed to ~owq~l~d I' em
matching funds for Seniors On-Line should our grant application be approved. I- ~o.~., ~ ~
Collier County Public Library Outreach Services has only two full-time employees; but they are worth their
weight in gold. In FY2000 they circulated over 11,000 items through the Mail-A-Book program, and collected
donations of over 4,000 books, books-on-tape, and CD's to be used in our jails, boot camp, migrant camps, and
assisted living facilities. They targeted services to seniors as a priority, presenting over 70 holiday and book
discussion programs to over 1,300 seniors, both at the Library and at residential facilities.
They have made the contacts that have created Partnerships with over 20 residential communities in Collier
County. From these residential communities and from county community centers, we have chosen 10 sites to
initiate Seniors-On-Line: Buena Vida, Goodlette Arms, Windsor Place, Arbor Trace, Bentley Care Center,
Brighton Gardens, Roberts Center, Harborside Healthcare, Homewood Residence, and Golden Gate
Community Center. These locations are benefiting from the equipment, services and activities associated with
this grant.
Outreach Services has also forged partnerships with Our Place (senior center), the Collier County Association
of the Blind, Collier County Parks and Recreation, Services For Seniors (county program), the State Division of
Blind Services, and Bethune Learning Center. Existing partnerships present us with an excellent base for the
development and pursuit of this LSTA grant. Members of the grant's Project Advisory Group are chosen from
our Partners. Such successful and existing working relationships facilitate every aspect of this project, and
these Partners have shown us support and interest in involvement in Seniors On-Line
We have included letters of commitment from our partners in the project who see this grant as mutually
beneficial to the Library, their organization, and the people they serve.
Agenda I.tem
MAR 2 7 RI I01
4. Action Plan
With LSTA grant money and matching funds, the Library will continue to implement an information
technology program for older adults named Seniors On-Line. Through this grant, the Collier County Public
Library will enter into partnership with 8-10 additional community centers, senior centers, and
assisted/independent living facilities. The purpose of this partnership is to provide older adults in the
community with education, training, and exposure to computerized Library information and the Intemet. This
program will place a computer workstation in each of the Partnering facilities complete with printer and Internet
acc. ess.
Accessibility is an important factor for this program, as most of these older adults have some special needs.
Digital information may be difficult for some older adults to access because of physical disabilities. We will try
to place the computer workstation in an area with little direct sunlight. Each workstation will be equipped with
a 19" monitor for easier viewing, and headphones so that ambient sounds are limited and computer related
audio is amplified.
We will follow guidelines developed by the Washington Assistive Technology Alliance to allow for equal
access computing. These guidelines include:
· Provide clear floor space at least 30 inches wide by 48 inches deep at each workstation.
· The table surface should be made of non-glare, low-friction materials. Open space under the table
should be at least 30 inches wide and 19 inches deep.
· The keyboard tray must move easily up and down for individual positioning.
· The workstation chair should be adjustable; the distance from the seating surface to the work surface
should be 10 V2 - 12 inches. The cushion material should not be slippery nor very coarse. A portable
footrest should be available. The chair should include an adjustable backrest and seat angle for both
forward leaning and reclining postures, and the chair should be easy to adjust while the individual is
seated.
There are many things we can do to make these computers more accessible to older adults with disabilities,
including:
· Make sure informational signs are printed large enough for all to read.
· Use "Larger" or "Largest" text size at View on the Toolbar.
· Add Bigprint as an option.
· Disable mouse and use keypad instead for those with mobility restrictions.
· In Microsof~ Word, change the zoom size of the text to 200% so visually impaired older adults can
see what they type.
· Familiarize staffand volunteers with the accessibility features, so they will feel comfortable showing
them to older adults.
The Library will continue to retain a ti¢ll-time Library Outreach Specialist II to coordinate this program who
will perform or supervise most of the organizational and operational activities. A copy of the County's formal
Position Description for this job title is included in the Budget section of this document. This employee is
required to possess teaching skills.as'well as computer and Internet experience. The employe ~n this position
needs a proven record of successful communication and work experience with older adults.
Specialist II functions asa regular Collier County employee, with the ttemt
The
Library_
Outreach
and responsibilities of a county position. The Library Outreach Specialist II works out ofth~' Libr,~s~-,~~]
13
Extension Services section, and is supervised and supported by the Head of Extension Services. This employee
interacts frequently with the Library IT staff, the Library's Volunteer Coordinator and with other staff in the
Extension Services office.
The Library Outreach Specialist II will: · Review existing Web sites, Libraries, and senior-related organizations like SeniorNet. com, Three
Rivers Regional Library System, Friendly4Seniors. com, and the AgeLight Institute for valuable input
on the structuring of this project.
· Evaluate and update the training curriculum for the project during the first two months ofthe
program
· Present computer assisted instruction, workshops and programs 4 times per month to seniors at each
of the Partnering facilities
· Organize and facilitate the Project Advisory Group which meets at least 3 times a year and includes
the involvement of older adults
· Perform monthly liaison work between the Library and the administration of the Partnering facilities
· Contract for wiring, telephone service and an ISP for the Partnering facilities
· Coordinate and oversee the purchase and installation of computer workstations in the Partnering
facilities
· Supervise and train Net volunteers
· Meet monthly for a planning meeting with supervisor (Head of Extension Services)
· Attend the Capacity Building Workshop
· Create and distribute fliers monthly to promote Senior's On-Line at the Partnering facilities
· Train the staffofthe Partnering facilities in basic computer maintenance and technical support at a
minimum of four classes per location
· Create and publish 1,000 copies of an informational brochure promoting the project
· Publicize Seniors On-Line with the media including local and area newspapers, and TV
· Complete the mid-year and annual reports for grant
· Create and share a Seniors On-line program packet with SWFLN and their Computer Interest Group
· Attend the FLA Conference to promote and publicize Library Outreach to Older Adults
· Conduct evaluation surveys and interviews with participating older adults and grant partners.
·
Training for Project Participants will take a three-tiered approach, based on the needs and interests of the
participants. It will allow the Seniors to learn at their own speed, to repeat a level as often as they would like,
and to progress from group instruction to more advanced searching with individualized training. This training
will be presented in three separate levels - Informational, Educational, and Tutorial.
The Informational Level
will introduce participants, in groups, to the world of computer technology. This is a beginning level for
Seniors with no computer experience. This fun and informative class will provide a basic guide to using
computers.
· Title: Beginning Computing For Seniors
Prerequisite: None
Objectives: To introduce Seniors to the basic components and terminology of a comp
Seniors to the use ora mouse and keystrokes.
· Audience & Issues: Medium-large sized group of Seniors (10-40), with a cross-section of aptitudes,
interests and abilities. Audience attention span may be limited, keep presentation moving, fluid. Have a
volunteer assistant or facility staff member available.
· Length: Program sessions will be designed to last somewhere between one and two hours. Sometimes
questions posed by members of the audience can alter the direction the program and alter the time involved.
· Lesson Content:
1. The Basic Components of a Computer: System Unit, Floppy Disks, Mouse, Monitor, Headphones and
Speakers, Printer, and Keyboard.
2. Software Programs: Word Processing, Games, Graphics, E-Mail.
3. Mouse Basics: Moving the Mouse, Click, Double Click, Drag and Drop
4. Keyboard Basics: Characters, Arrow Keys, Command Key, Ctrl Key, Delete Key, Enter and Escape
Keys, Function Keys.
5. Basic Computer Terms and Definitions: Access, Help, Byte, Cable, Crash, Cursor, Desktop,
Document, File, Folder, Icon, Menu Bar, Modern, Scanner, Undo, User ID, Zoom-In, etc.
· Audio Visual Aids / Handouts: Laptop, Video Projector, Videotapes, Handouts.
· Evaluation & Statistics: Evaluation will be by verbal survey. Seniors will be .surveyed pre- and post-
program as to computer interest, skill level, usefulness, knowledge, and enjoyment. The volunteer assistant
or facility staff member will record the Seniors' verbal responses to the survey as well as their comments
and observations. The Library Outreach Specialist will compile statistics reflecting number of programs,
attendance and locations of programs.
The Educational Level
will benefit Seniors who may have some experience with computers or the Web but want to fill in gaps in
knowledge through a more formal training session. Working in smaller groups and moving at a relaxed pace,
individuals will learn useful and fun sites on the Web, how to do research, create an e-mail account, and use the
Library's computer system to look up materials and place reserves.
· Title: Basic Internet For Seniors
· Prerequisite: Basic PC experience or Beginning Computers For Seniors program.
· Objectives: To introduce Seniors to searching the World Wide Web. To introduce Seniors to sites that
allow them to set up email addresses. To introduce Seniors to shopping and fun sites on the Web. To teach
Seniors to use the Library's Web site to look up and reserve items, and introduce the Library's hyperlinks.
· Audience & Issues: Small group of Seniors (5-10). Seniors attending this program will have various levels
of computer experience and questions. Have a volunteer assistant or facility staff member present.
· Length: Program sessions will be designed to last from one to two hours. Sometimes questions posed by
program attendees can alter the direction of the program and alter the time involved. Additional time may
be allotted for individual or small group, hands-on instruction at the computer.
· Lesson Content:
1. Brief History of the Computer Networks
2. Rules of the Internet (e-mail, passwords, security)
3. World Wide Web (search engines, web sites, surfing, hypertext, links)
4. Access to the Library's Website ( on-line catalog, on-line reference, logging into your Library account,
links to other websites) -
Audio Visual Aids / Handouts: Laptop, Video Projector, Exercises, Handouts
Evaluation & Statistics: Evaluation will be by survey and/or program exit interview completed with the
assistance of the Library Outreach Specialist II, a volunteer assistant or facility staff member. The survey
will rate program content and presentation; measure changes in the Seniors' knowledl ~e, skills, behavior
and condition; and count the number of Senior participants with new e-mail account: ~ The_exit inte_rvicws _
will also allow for personal comments and observations. The Library Outreach Spec alist
statistics reflecting number of programs, attendance and locations of programs. No
MAR 2 7 2001
1
The Tutorial Level
will give experienced Seniors one-on-one individualized instruction using word processing, publishing and
spreadsheet software; as well as, slightly more advanced skill training in finding business and financial
information, and using subject indexes and search engines.
· Title: Advanced Searching and Microsof~ Office for Seniors
· Prerequisite: Basic Internet For Seniors program or basic experience on the Web.
· Objectives: To give Seniors personal instruction in using a variety of search tools to find information on
the Web. To give Seniors an introduction to the basics and tools of Microso~ Office software. To give
Seniors one-on-one individualized computer assistance.
· Audience & Issues: One or two Seniors at a time, with scheduled appointments.
· Length: Sessions for individual tutoring will be given in 30 minute blocks.
· Lesson Content:
1. Create an E-mail Account, and Send and Receive E-mail.
2. Surf the Net, and Learn More about Web Searching. ,
3. Review the Basic Tools of Word Processing and Microsoft Word.
4. Use Microsoft Publisher to Create Your Own Greeting Cards and other simple publications.
5. An Introduction to Spreadsheets, and the Basics of Microsoft Excel.
· Audio Visual Aids / Handouts: Software "Quick-References", Handouts.
· Evaluation & Statistics: Evaluation will be by sign-in sheet, written evaluation completed with the
assistance of the Library Outreach Specialist, a volunteer assistant or facility staff member. The survey will
allow for personal comments and observations; and will rate the program's practicality to the Seniors'
needs and interests. The survey will also inquire as to what other training the Seniors would like to see the
Library offer. The Library Outreach Specialist will compile statistics reflecting number of programs,
attendance and locations of programs.
Learnatgateway.com will be available at each computer workstation for individualized and small group online
training. This subscription will be paid by the grant for one year, with an option to be picked up by the
partnering facility.
The Partnering Facilities will support Library programs and Intemet service for their residents/members. These
Partners will ensure easy access and availability of the computer workstations for those residents/members
capable and trained to use them. The Partnering facilities will use the Internet and on-line Library access to
enhance their customers lives in other activities.
These Partners will assist the Library in forming a Project Advisory Group, and in providing basic computer
maintenance and technical support for the workstations including sign-up sheets and record keeping.
The Project Advisory Group will allow Seniors On-Line to look at issues from a number of different
perspectives. The Project Advisory Group broadly represents the elder residents in assisted/independent living
facilities, elders using community centers, and general elderly library users. This group serves to advise the
Library and the Library Outreach Specialist Project Coordinator as outlined below.
· Membership. The minimum number of Advisory members shall be 4, and the maximum 7. In
addition, the Library Director and the Extension Librarian may be designated as non-voting
members of the Group. The Senior Outreach Specialist may appoint members from the following
groups:
- Community Partners
- Library advocacy groups
- Local computer clubs
NAR272901 |
,[
- Senior library users
- Local Senior Citizen groups
- Residents of assisted/independent living facilities
- Library governing bodies
· Qualifications. The Advisory Group members shall be 55 years of age or older, and broadly
representative of seniors in all types of assisted or independent living facilities, and community
centers. Group members shall be advocates of the Library, and have a genuine interest and a desire
to participate in the Seniors On-Line project. Group members shall have previous computer and on-
line experience, effective communication and listening skills, and the ability to adapt and be flexible
to obtain the desired goal.
· Term of Oj~qce. Members of the Advisory Group shall serve for terms of one county fiscal year
(October-September). Members shall be eligible for reappointment, but no one person shall serve
for more than 2 consecutive full terms as a member of the Group.
· Officers. The Project Advisory Group shall elect a chair and a vice-chair at the first meeting in
October of each year of the project. The Library Outreach Specialist may be designated as Secretary
for the group without voting privileges.
· Functions. The Project Advisory Group shall advise the Library on the' development of the LSTA
Grant Project - Seniors On-Line. They shall assist the Library Outreach Specialist II in program
planning and selecting topics for Library and Intemet training. They will assist in the development
of computer use policies including scheduling, headphone use, floppy disks, and printing. The
Project Advisory Group shall advise the Library Outreach Specialist II on the evaluation of the
LSTA project; and also have input in selection of future soflavare and hardware and in decisions
affecting accessibility. The Library may also seek the Advisory Group's advice on other matters
related to library services in Collier County; and Advisory Group members are expected to advocate
for improvement of library services to seniors.
· Meetings. The Advisory Group shall meet at least three times a year (according to the Collier
County Fiscal Year), one in October, April, and September. Additional meetings may be called as
needed. Meetings are held during the workweek. Meeting location may vary (e.g., library,
residential facility, community center, etc.). Members may be transported to the meeting location, or
reimbursed for necessary travel expenses in accordance with State Law and procedures. Meetings
may also be held by conference call.
· Current Awareness. Collier County Library staff, especially the Library Outreach Specialist II, will
assist Advisory Group members in maintaining current awareness of library technology trends, life-
long learning projects, and access-for-all issues through the following means:
Using E-mail, including correspondence with SWFLN and the State Library, to communicate
with Advisory Group members
- Publishing Seniors On-Line grant information on the library system's web page (www. collier-
lib.org).
- Arranging site visits to Community Partnership locations for Advisory Group members
- Appointing Advisory Group members as liaisons to other library and computer advocacy groups
- Encouraging the Advisory Board to search on-line for successful web sites geared to seniors
The Older Adults who are customers ~ind/or residents of these Partnering facilities will receive:
· Free and local use of a computer
· Free On-line computer access to the Library and its services, and to the World Wide Web
· Computer instruction ~/nd training at three levels:
1. General introductory programs to the Library on-line and the Internet
2. Hands-on Internet workshops in smaller groups ] Aoenfi~ I~,m~, i
3. One-on-one individualized help 1
· Input regarding Seniors On-Line through staff'and the Project Advisory Grou[
· Greater social contact and life enhancement (chat rooms)
· More family contact (email)
· Reduced daily stress (shopping on-line)
· Access to distance learning opportunities
Project Calendar Overview:
October 2001
· Library Outreach Specialist for Seniors On-Line renews employment.
· Library Outreach Specialist reformulates Project Advisory Group of older adults; and conducts
introductory/focus meeting with Group.
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group,
1-2 times per month.
· Library Outreach Specialist contracts with Sprint for phone line installation and activation for first 5
new facilities.
· Library Outreach
Seniors On-Line
· Library Outreach
· Library Outreach
· Library Outreach
classes.
Specialist creates, prints and disseminates fliers and newsletters that promote
to Partnering facilities.
Specialist evaluates and recreates evaluation survey of older adult participants.
Specialist evaluates and recreates forms for program"s statistical records.
Specialist evaluates and updates training material and lesson plans for program
Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
November 2001
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Extension Librarian and Library Outreach Specialist attend Capacity Building Workshop in
Tallahassee.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group,
1-2 times per month.)
· Sprint installs phone lines at first 5 facilities.
· Library Outreach SpecialisL,c~ontracts with TCC for interior wiring retrofits for first 5 facilities.
· Library Outreach Specialist and Library staff recruit Net Volunteers for Grant Partners' facilities.
· Library Outreach Specialist purchases first 5 computer workstations.
· Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area
newspapers and media.
Library Outreach Specialist
year Partners' facilities.
Library Outreach Specialist
furniture and equipment.
creates and presents 2 computer or Internet programs at each of the first
will set the procedure for maintaining inventory control over all
December 2001
Project Advisory Grou[a meets with Library Outreach Specialist as needed.
Library Outreach Specialist holds Seniors On-Line planning meeting with Su ~ervisor.
Grant Partners and Library Outreach Specialist conduct Partnership Meetings [v"~i"xgb' cr ~:-~gerl~ l'~4;,e.~.__
group, 1-2 times per month.) No vt Cc
Service contractor (TCC) installs telephone line for the computer in first 5 of the ten Project
facilities.
Library Outreach Specialist
facilities.
· Library Outreach Specialist
facilities.
· Library Outreach Specialist and Library IT staff'train the staff of the Partner's facilities in basic
computer maintenance and technical support as needed.
· Library Outreach Specialist will create and publish an informational brochure promoting Seniors
On-Line.
· Library Outreach Specialist
facilities.
· Library Outreach Specialist
· Library Outreach Specialist
year Partners' facilities.
and Library staff, install first 5 often computers in grant Partners'
and Library stafftrain and schedule Net Volunteers for Grant Partners'
creates and presents 2 computer programs at the first 5 Partners'
contracts with Earthlink as ISP.
creates and presents 2 computer or Internet programs at each of the first
January_ 2002
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a
group, l-2 times per month.)
· Library Outreach Specialist contracts with Sprint for the phone line installation for the second 5
workstations.
· Library Outreach
· Library Outreach
· Library Outreach
facilities.
Specialist
Specialist
Specialist
purchases second 5 computer workstations.
creates and presents 2 Internet programs at the first 5 Partners' facilities.
and Library stafftrain and schedule Net Volunteers for Grant Partners'
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic
computer maintenance and technical support as needed.
· Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area
newspapers and media.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
· Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote
Seniors On-Line to Partnering facilities.
February 2002
· Project Advisory Group meets with Library Outreach Specialist as needed.
· Sprint installs phone lines for second 5 computer workstations.
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
·
Grant Partners and Library Outreach Specialist conduct Partnership Meetings (sin
group, 1-2 times per month.)
Library Outreach Specialist contracts with TCC to do retrofit wiring for second 5
· Library Outreach Specialist and Library staff install second 5 often computers in grant Partners'
facilities.
· Library Outreach Specialist creates and presents 2 Internet programs at of the first 5 Partners'
facilities.
· Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
the first 5 Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library stafftrain the staffofthe second 5 Grant Partner's, once per
week, in basic computer maintenance and technical support.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
March 2002
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a
group, 1-2 times per month.)
· Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities.
· Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library IT stafftrain the staffofthe Partner's facilities in basic
computer maintenance and technical support as needed.
· Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area
newspapers.
· Extension Librarian and Lili;'~y Outreach Specialist complete mid-year report for Seniors On-Line
· Service contractor (TCC) installs telephone line for the computer in second five of the ten Project
facilities.
· Library contracts with Earthlink ISP for second five of the ten workstations.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
· Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote
Seniors On-Line to Partnering facilities.
April 2002
· Project Advisory Group meets with Library Outreach Specialist.
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervl
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (sin,
group, 1-2 times per month.)
· Library Outreach Specialist creates and presents 2 Internet programs at each Partn
· Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer ~A hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library IT staff'train the staffofthe Partner's facilities in basic
computer maintenance and technical support as needed.
· Extension Librarian and Library Outreach Specialist submit mid-year report for project.
· Library submits an Expanded Services Request to add the Seniors On-Line Library Outreach
Specialist position to the Library's regular budget for FY2003.
· Library Outreach Specialist attends FLA and promote outreach services to older adults.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
May 2002
·
·
Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group,
1-2 times per month.)
· Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities.
· Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer IA hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library IT stafftrain the staffofthe Partner's facilities in basic
computer maintenance and technical support as needed.
· Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area
newspapers.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
June 2002
· Project Advisory Group meets with Library Outreach Specialist as needed.
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a
group, 1-2 times per month.)
· Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities.
· Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners'
facilities.
Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Inter
each Partners' facilities.
Library Outreach Specialist and Net Volunteers offer V2 hour blocks of individual
instruction to seniors in the program.
et Workshops at
AgeqAa. II~em~ '
Pg"~-'~'~ 7 ~-
· Library Outreach Specialist and Library IT staff'train the staffofthe Partner's facilities in basic
computer maintenance and technical support as needed.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
July 2002
·
·
Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a
group, 1-2 times per month.)
· Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities.
· Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic
computer maintenance and technical support as needed.
· Extension Librarian and Library Outreach Specialist create a Seniors On-Line Program packet
(including lesson plans and training activities) and share with SWFLIN.
· Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area
newspapers.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
· Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote
Seniors On-Line to Partnering facilities.
August 2002
· Project Advisory Group me~[~ with Library Outreach Specialist to evaluate project.
· Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a
group, 1-2 times per month.)
· Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities.
· Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer 'A hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library IT staff train the staffofthe Partner's facilities in basic
computer maintenance and technical support as needed.
· Administer grant survey to older adult participants.
· Library Outreach Specialist creates and presents 2 computer or Internet programs~i ea~ib~,~3~l~ lt~ShL., i
year Partners' facilities. NO//_..~ ~ ~--~.-~'
September 2002
Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor.
· Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a
group, 1-2 times per month).
· Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities.
· Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners'
facilities.
· Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at
each Partners' facilities.
· Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer
instruction to seniors in the program.
· Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic
computer maintenance and technical support as needed.
· Extension Librarian and Library Outreach Specialist complete and submit annual report for project.
· Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first
year Partners' facilities.
· The Library will review Seniors On-Line. Based on its success and its compatibility with the
Library's Long Range Plan, the Library will determine whether to request full funding of the
program in the Library's FY03 County budget.
Ill
Agen~ ~el~
PIAR 2 7_2001
24
4. Evaluation
As this is the first time that this type of project has been undertaken, evaluation will be constant and ongoing.
We will evaluate whether the older adults who participate in Seniors On-Line use the information we provide
to enhance their lives. We will also evaluate whether these older adults learn to use computers. We will
measure changes in their knowledge, skills, behavior and condition. The Library Outreach Specialist will create
forms to gather statistical data associated with the project. The Library Outreach Specialist will also create and
conduct a survey to measure the older adults' response to the program. The survey will be multiple-choice in
format, but allow for personal comments and observations. The survey will be administered in the last quarter
of the grant year, and its results will become part of the annual report.
The survey will measure any increase in the use by older adults of the Library and its services on-line. It will
measure any increase in the ability of these older adults to find information. We will count the number of
seniors who attend these programs in the Partnering facilities. We will also survey the number of participants
who share their Internet experience with family and friends.
We will measure the increase in computer use by these older adults, as well as any increase in their computer
skills. We will tabulate the number of older adults who receive computer training through this project, and the
number of older adults who open a new e-mail account as a result of this project. Finally, we will survey the
older adults to find out how many participants simply enjoyed these Internet and Library programs.
The Library Outreach Specialist and the Head of Extension Services will prepare the Annual Project Report for
the Division of Library & Information Services. Copies of this report will be shared with all Seniors On-Line
grant Partners, the Project Advisory Group, the Collier County Public Library, the Southwest Florida Library
Network (SWFLN) and with the Collier.County Board of Commissioners. A copy of the Annual Project Repot
will be made available at the Partnering facilities for the review of all older adults who participated in the
project.
Agep~a
N o/._(..~Z~ ~
MAR 2 '7 2001
Library Hame Collier CounW Public Library
Project Name Seniors On-Line (2001-2002)
BUDGET
(Round all amounts to nearest dollar. Add additional lines if needecl to include all information in a section.)
Libsacy Outreach Speciali~ II
SAJ. ARIES& BENEFITS (Position Title)
Retirement
1 LSTA
F.T.E.
Workers Compensation
3% Collier CounW Merit Increase ...................................................
TOTAL SALARIES .........................................................................
$ _30,830
2,358
2,821
6,011
3,787
1,375
LOCAL/STATE
MATCH
$
CONTRACTUAL SERVICES (List each vendor)
_TCC (Retro-wirin[) (10)
~Sprint DSL Activation & Installation (10)
Earthlink & Data Line Service (10) x (12mos)x ($60/mo)
1,500 $
1,790
7~200
TOTAL CONTRACTUAL SERVICES ............................................. $ 10.490 $
LIBRARY MATERIAI3 (Include type and numbers of materials to be purchased)
N/A $
TOTAL LIBRARY MATERIALS .................................................... $
]JPpI.IF.$ (List supplies needed)
Printer Cartridges (20 colod20 black) $
~Printer Paper
$ 1,200
5OO
TOTAL SUPPLIES .......................................................................... $
TRAVEL ........................................................................................ $
EQUIPMEN"r (F_xlttipraent and furniture with a useful hfe of
at least one year mxt a unit cost of $1,000 or more)
Computers(10) Pentium rll $
$ 1.700
$ 2.800
$ __ 15,000
TOTAL EQLqPMENT ..................................................................... $
OTHER (Specify)
Headsets (10).
Chars (20)
Inkietprinte~ (10) &Cables
Power Strips (10)
Computer Tables (10)
Waste Baskets (20)
Publicity & Printing
(10)
$ I10
1,000
1,190
150
1,300
60
TOTAL OTHER .............................................................................. $ 3.810
1,000
+ $ 20,500 = $
1~1 982Agend. a I'cem
- -l'
I HAR272001
26
D. BUDGET NARRATIVE
The goal of Seniors On-Line is to provide older adults in the community access to education, training and
exposure to computerized information through the Library and the Internet. The Library is reaching out into the
community, to senior centers, community centers, and assisted/independent living facilities to serve groups of
seniors with limited access to the Library.
It is the objective of this year's grant application to target 8-10 additional partnership facilities, and provide
each of the facilities, for one year, with
· Services of 1 FTE, Library Outreach Specialist II (ave. 3 hrs/wk). [Remaining 10 hrs/wk serving
original 10 partnering facilities from first year of Seniors On-Line]
· 1 computer workstation including software and printing capabilities
· Data wiring and service
· Internet service
· Instructional and informational programs
· Related office supplies and equipment
· Technical Support
· Training materials
· Program publicity
This program will require a variety of resources to be successful; staff, contractual services, supplies, travel,
equipment and publicity all are necessary components of this project. In order to fund this program, the Library
is proposing a total budget for one year of $81,982. The Library is requesting $61,482 in LSTA Grant money;
The Collier County Library System will provide $10,500, and the Friends of the Library of Collier County are
lending their financial support to this program with a commitment of $10,000 in matching funds.
Salaries and Benefits
With LSTA Grant money, the Library will employ one full-time employee to evaluate the current program, and
to recreate, develop and deliver this program to older adults. This position will be titled, Library Outreach
Specialist II, and will match the positiofi~description and salary range of existing LOS IFs in the Library system.
Salary and benefits for this position are $45,807, and include regular salary, social security, retirement, life &
health insurance and worker's compensation. The current employee in this position would be eligible for a
Merit Increase in FY2002; therefore, $1,375 is included for this purpose, bringing Total Salaries to $47,182.
This position is defined as performing professional analytical and technical work in a variety of outreach
program areas including research, database development, program administration, community networking, and
customer referral. The essential functions for Library Outreach Specialist include, but are not limited to:
· Create and provide programs and activities to promote information and referral and outreach
services
· Implement current professional techniques in data and on-line searches and database development
(ability to teach searching techniques to older adults)
· Assist customers in the use of the Library and its services
· Provide access to library services for individuals and groups who have special needs
[
Contractual Services
fhe Library will contract with Total Communications Concepts (TCC), our regular vendor to provide for
interior data cable at each location. The Library will also contract with Sprint to provide a telephone line and
12 months service at each location for the use of the computer workstation. Earthlink will provide 12 months of
Internet service to each workstation. The Partnering facilities are committed to sustaining these services once
the grant funding ends.
Library Materials
There are no costs for Library Materials for this project. All of the initial software is included in the base price
of the computer hardware.
Supplies
Supplies that need to be budgeted for this project are limited to printer cartridges and printer paper. Based on
our First Year Costs for one workstation, 2 boxes of 500-sheet paper have been budgeted for each of the ten
workstations. Accordingly, 2 color and 2 black printer cartridges have been budgeted for each of the ten
workstations. These supplies are part of the Matching Funds.
Travel
Travel for the Library Outreach Specialist and the Chief Extension Librarian to attend the grant implementation
workshop in Tallahassee is budgeted at as part of the LSTA grant. Travel for the Library Outreach Specialist to
attend and participate in the Florida Library Association Conference is also budgeted. These travel expenses
include:
· Mileage ($.29/mile)
· Hotel (4 nights)
· And Per Diem (6 days)
Local travel for the grant to set up the computer workstations, perform the Internet programs, and hold advisory
board meetings is budgeted at $1,800. This is an estimate of cost for weekly visits to a maximum of 20
partnering facilities ~ $.29 per mile. This allows for average travel of 500 miles per month. The money for
this travel will be provided through matching funds.
Equipment
10 computers at a cost of $15,000 will be purchased with matching funds for the project. They will be the
Gateway Professional V933 or a comparable product. The system will include a 933MI4_z Pentium m
Processor, with 20GB hard drive and 128MB SDRAM. The system will also include a 19-inch color monitor
for easier viewing. The application software will be Microsoft Office 2000 or newer. A service program is also
included providing 3 years parts and labor limited warranty, 1-year on-site service, and limited hardware &
software tech support as long as we own the system. ~ Agen, dp I~em...
NAR 2 7 2001
Other V>9 '- ~'~ f')__
The following items are budgeted as part of the LSTA grant. A printer is budgeted for each of the 10 proposed
workstations. An I-IP DeskJet 648C or comparable inkjet printer will be purchased for each location at a cost of
$99, plus 10 printer cables at $20 ea. Other minor equipment specified for the 10 workstations is listed and
priced based on the actual current cost for one Seniors On-Line workstation. For each workstation this would
include:
· 1 headset ~ $11 ea. And 1 power strip ~ $15 ea.
· 1 computer table ~ $130 ea. and 2 chairs ~ $50 ea.
· 2 wastebaskets (1 recycle and 1 regular.)
Funds for publicity and printing are also included in the LSTA grant request and budgeted under the category
Other. These include funds for 1,000 copies of a professionally printed brochure ($800) and for fliers and other
advertisements.
Agen~.~ ~Cem_
2 7 2001
29
-_ !
- PIAR 2 7 2001
COLLIER COUNTY
LIBRARY OUTREACH SPECIALIST
LIBRARY OUTREACH SPECIALIST
DEFINITION
To perform professional analytical and technical work in a vadety of outreach program
areas including research, database development, program administration, community
networking, and customer referral.
DISTINGUISHING CHARACTERISTICS
Library Outreach Specialist l--This is an entry level class in the Ubrary Outreach
Specialist series. Positions at this level typically perform similar duties as the Library
Outreach Specialist ]"[, but are not expected to perform with the same independence
and judgment on matters related to established procedures and methods. This class is
typically used as a training class in that positions may have only limited work
experience.
Library Outreach Specialist ]]--This is the full journey level class within the Library
Outreach Specialist sedes. Positions at this level are flexibly staffed and are normally
filled by advancement from the ! level, or, when filled from the outside, require prior
employee training and experience. Appointment to the ri level requires that the
employee be performing the full range of duties as assigned independently, and meet
the qualification standards for the class. The Library Outreach Specialist ri level receive
only occasional instruction or assistance as new or unusual situations adse, perform the
full range and scope of duties assigned to the class, and are fully aware of the operating
procedures and policies of the work unit.
SUPERVISION RECEIVED AND EXERCISED
Library Outreach Specialist !
Receives general supervision from a Librarian 11 or higher.
Exercises no supervision, may direct volunteers.
Library Outreach Specialist
Receives direction from a Librarian ri or higher.
Exercises no supervision, may direct library assistant staff or volunteers.
Agenda ,IT~,e nt.
"° -'"'"'
MAR 2 7 2001
COLLIER COUNTY
Library Outreach Specialist (Continued)
ESSENTIAL AND MARGINAL FUNCTION STATEMENTS---Essential and other
important responsibilities and duties may include, but are not limited to, the following:
Essential Functions:
1. Research, develop, organize, and provide information and referral services.
Devise systems and methods for organizing and retrieving community and
government information.
Create and provide programs and activities to promote information and referral
and outreach services.
Compile formal and informai reports indicating progress of the work unit toward
the library's objectives.
Answer requests for information from the public, outside agencies, and library
and county employees.
Implement current professional techniques in data and on-line searches and
database development.
7. Assist customers in the use of the Library and its services.
8. Organize and participate in staff and public meetings.
Assist those contacted I the course of the day in an effective, efficient, and
professional manner.
10.
Provide access to library services for individuals and groups who have spedal
needs.
11. Plan, publicize, and present programs for all ages.
Mar,qinal Functions:
Perform related duties as assigned.
COLLIER COUNTY
Library Outreach Specialist (Continued)
QUALIFICATIONS
Library Outreach Specialist !
Knowledqe of:
The practical application of computer operations and procedures.
Principles and practices of accurate record keeping.
Principles and practices of providing effective customer service and public relations.
Modern office procedures and practices.
Basic research, electronic resources, and reference skills.
Customer relations and interviewing techniques.
Ability to:
Analyze problems, identify altemative solutions, project consequences of proposed
actions, and develop recommendations in support of goals.
Establish and maintain effective working relations with library personnel, customers, and
employees of community agencies and organizations.
Learn Library/County operations and services.
Collect, compile, and analyze information and data.
Maintain a variety of files and records.
Communicate clearly and concisely, both orally and in writing.
Experience and Traininq Guidelines
Any combination of experience that would likely provide the required knowledge is
qualifying. A typical way to ~)~tain the knowledge and abilities would be:
Experience:
Previous responsible customer service and/or community service and/or public
relations experience.
Traininq:
High school diploma or equivalent. Related work and/or experience in social
service is preferable. Requires knowledge of computers, excellent customer
service skills, public speaking, and communication skills, including a strong
knowledge of English usage.
Agenda I tern.
MAR 2 7 I
COLLIER COUNTY
Library Outreach Specialist (Continued)
Library Outreach Specialist
In addition to the qualifications for Library Outreach Specialist
Knowledc~e of:
Community and local organizations and agencies.
State and federal programs and resources of benefit to the community.
Principles and practices of library science.
Techniques of analyzing client needs and interests.
Ability to:
Communicate cleady and concisely, both orally and in writing. May require similar
second language capabilities.
Design and implement a variety of library and outreach activities, services, and
programs.
Prepare and present comprehensive reports.
Experience and Trainin.q Guidelines:
Any combination of experience that would likely provide the required knowledge is
qualifying. A typical way to obtain the knowledge and abih'ties would be:
Experience:
One year of responsible professional outreach service experience, preferably
within Collier County.
TraininQ:
High school diploma or equivalent supplemented by work experience or college
level courses in education, social services, or a closely related field.
WORKING CONDITIONS
Environmental Conditions:
Office environment; exposure to computer screens.
Agenda It. em
MAR 2 7 200!
Quote Generated for Gateway Professional V933
age 1 of 2
Gatcway
Gateway Professional V933
Quote Number:. 230202040FLORIDA
Contract #: State Contract #250-040-99-1
Fed Il~ 46-0458879
Dateirimc: 02/02/2001 14:36 EST
Sales Representative: 800-779-2000
Comment&'
Processor: Intel® Pentium® ITl Processor 933MI-Lz
Memory: 128MB SDRAM expandable to 256MB (Promotional price Through
2/09/01 )
Monitor: EV910 19inch Color Monitor (18.0inch viewable area) added: US$103
Case: Micro Tower
Keyboard: Millennium 104+ keyboard
Mouse: PS/2 Mouse and Gateway Mouse Pad
Operating System: Microsoft® Windows 2000 Professional added: US$99
Expansion Slots: 4 PCI
Floppy Drive:. 3.5inch 1.44MB diskette drive
CD-ROM: 20X min./48X max. CD-ROM drive
Hard Drive: 20GB Ul~-a ATA hard drive
Video: Integrated Intel® 3D Graphics
Sound System: Integrated Business Audio
Speakers: Cambridge Soundworks® GCS-300ru Speakers added: US$18
Modem: 56K PCI Modem for Windows® 2000 or Windows® NT added: US$23
Network Adapter:. Not Selected aubtracted: US$9
Re.oration Software: Go Back Standard
Anti-Virtu Sofmare: Norton 2001
Application Software: Microsoft® Office 2000 Small Business
Limited Warranty Program: 3 Years Parts & Labor Limited Warranty, 1 Year On-
Site Service, Limited Hardware & Software Tech Support as long as you own your
system
Traini_ng: Gat~w~~'u Online Training Subscription added: US$99
~ Price: US $1121
Configured Price; US $1454
Quantity: 7
Total Price:US $10178
Prices ~4 s~e~ifi~ations arm subject to =hange without notioe
or obl£gat~on.
Sales tax, shi.l~ing & hanchling will be collected where
atml~lioable'.' :
Please Print and attach this quote to your purchase order.
Terms and Conditions of sale and limited warrant3,
http://www, gateway, corrdcgi_bin/gen_quote.pl
Agenda Item-
o,/0
Office Depot Online - Product SKU Level Page 1 of 2
:. Home Register Logln Site I~lap Help
~ O~t~~~~O~ First Time Guest
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~:~ Super ~nd ~To~er / InkOrder By Hy Saved 0 item(s) Order $50.00 more ~ ~
~IValues Store qulc~nd Item · U~ Subto~l: $0.00for ~E DE~ERYI
Home > NI Produ~ > TechnoloQv > S~mps.~m > [PHntem & All-In-Ones] > [Hewle~ Pac~ [n~e~ Printem] > H~le~
Packard Des~et ~C Color Printer
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Product Details
Item # 421831
Manufacturer C6456AA2L
black.an_. ,c[
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VENDOR NUMBER: 194360
OFFICR-NAX #159
5066 ATRPOR?- RD.
PURCHASE ORDER
SEND INVOICES TO:
BOARD OF COUNTY COMMISSIONERS
ATrN: FINANCE DEPARTMENT
P.O. BOX 413016
NAPLES, FLORIDA 34101-3016
34112
PAGE
":ORDER NO' I 10373
I 02/06/
OR'rGII~lkL- DA?E
SHIP TO NUMBER: 00005 1
02/O
COLL[ER-C~ PUBLIC L[BP, J~Y
ES?~?ES--BR,~ICH
1266 GOLDBN-GA?I~ BOULEV,M~,D, ',,tEST
N~PLES, FL 33964
19:7 NS, 30 D] S?Z ?ZO '
~ 129-156110-651930-33014 7.00 ~ 129.9900 909.g
S~IEDSR-PO~R-~~R ~O~~R 1122-38
SR~S ON L~ ~
909.93
TAX EXEMPTION (FL.) NO. 21-O7-019995-53C TOTAL
This Order Subject to the Following Conditions
This Purchase Order is considered to be a single contract P~yment will be made upon complebon of totaJ order. No parbal payments will be made w~,:)ut proper auffxxizatio.
Purchase Order Number must appear on all invoices, packages, or correspondence.
The County reserves the dght to cancel any portion of this order if not filled as specified.
Defective goods will be promptly retumed at your expense and credit taken.
The Vendor agrees to reimbursement of travel expenses in a~ with Florida Statute Chapter 112.061, Per Diem and Travel Expenses of Public Officers, employees ar
authorized persons.
Payment will be made only in accordance with this order, corrections or pdce adjustments must be authorized by the Purchasing Director prior to shipment of
! scounts of prompt payment will be computed from date of receipt of goods or from date of receipt of invoices, whichever is later. ~-~
_~ ~agreed: that.goods delivered shall con~3~ with all federal, state, or IocaJ laws relative thereto, and that the vendor shall defend actions or (laims
e ouyer trom lOSS, cost or damage by reason of actual or alleged nfringements of letter patent.
/
AIl shipments to be FOB 'Destination.
). Unless the Vendor indicates otherwise, initiation of work shall constitute acceptance of the Purchase uroer it'm g all attachmen 200
BY
c~URCHASE
]RDER NO.
3, ~71
FIELD PURCHASE ORDER
SEND INVOICE TO: ~ --
BOARD OF COUNTY COMMISSIONERS
ATTN: FINANCE DEPARTMENT
P 0 BOX 413016
NAPLES' FL 33941-3016
tOTAL AMOUNT: I REQUESTING DEPARTMENT: I BID NUMBER: I EXP. DATE:-
299.94 I 156110 I I
=PO DATE: I REQUESTED BY: I TELEPHONE NUMBER:I
12/20/00 I LHP I ITHIS PURCHASE
........... ~ .................................................... IORDER IS NOT
PURCHASING USE ONLY IVALID IN EXCESS
3ATEGORY CODE: FPO TYPE: B IOF $500.00
· JOLD (Y/N): N 1099: I
VENDOR NO.: 179920 I SHIP TO: 000030
~AM'S CLUB COLLIER COUNTY PUBLIC LIBRARY
2550 IMMOKALEE ROAD MAIN BRANCH''~
~APLES FL 650 CENTRAL AVENUE
341101410 NAPLES. FLORIDA
34102
~EMARKS: I TAX EXEMPTION (FL.) NO. 21-07-019995-53C
I TERMS: NET 30 IPURCHASING
.................................................................... I USE ONLY
STOCK NO. I ACCOUNT TO CHARGE I QTY IUNIT PRICEIUOMI AMOUNT I - - -
............................... I COMMODITY
D 'RIPTION I CODE
129-156110-651930-33014 6.00 49.9900 EA 299.94
TASK CHAIR WITH REMOVABLE ARMS
JUST: NEEDED FOR NEW OFFICE
TOTAL 299.94
FIELD PURCHASE ORDER NUMBER~.~[ltS~ APPEAR ON INVOICES, PACKAGES AND CORRESPONDENCE
RECEIVED BY: ~ ~_~_~_~,~,-----, DEPT. APPROVAL: , ~ ~
'HIS PURCHASE OR[~ER IS NOT VALID FOR PURCHASES IN EXCESS OF m~nn.o0
Agenp~ Item I
MAR 2 7, 2801
Pg ---~__~
I. PARTNERSHIPS
FRIENDS OF THE LIBRARY
of
COLLIER COUNTY INC.
RO. BOX 2921
Naples, Florida 34106
941 262-813.5
March 9, 2001
Mr. John Jones, Director
Collier County Public Library
650 Central Avenue
Naples, Florida 34102
Dear Mr. Jones:
The Friends of the Library of Collier County, Inc. recognize the value
of improving access to the Library and its services to inform and
enhance the lives of older adults. We support Senior ON-Line for the
Collier County Public Library as a program partner.
We will assist the Library in forming a Project Advisory Group,
support its effort to provide older adults with education, training, and
exposure to computerized library information and the lnternet, and
commit 10,000 in matching funds to this grant.
Yours truly,
Jay L. Wolff
President
Helping your library help you
A gen, d~ Item
MAR 2 7.
CANTERBURY HOUSE
DIANA L GUA. LARIO. R.N.
ADM~ISTRATOR
March 12, 2001
Ronney D. Cox
Outreach Specialist ll/C.~rant Coordinator
Collier County Public Library
Estates Branch
1266 Golden Crate Blvd. West
Naples, FL 34120
Dear Ms. Cox:
Thank you for considering Canterbury House as a participant in your outreach
program, Seniors On-Line.
My staff mad I support your program whole-heartedly as it would greatly bene~n our
residents. We will gladly provide the needed space for a work~tion in our facility and
work with the Library for a successful program.
I look forward to hearing from you and learning what we need to do to get started
with Seniors On-Line.
Sincerely,
Diana L. Gualarlo
LOCATIONS: 707 VINEYARDS BOULEVARD. N~.PL~S. FL 34 [ 19
ID SEVENTH ~-FRE~'T. 80N1TA SPRINGS. I:L ~4134
ManorCare at Lely Palms
1000 Lely Palms Drive
Naples, Florida 341 ! 3
941-775-7661
941-775-90S5 Fax
March 7. 2001
Ronney Cox
Collicr County Public Library
Estatcs l:h'anch
1266 Golden Gate Blvd. West
Naples FL 34120
l)car Ronncy:
Thank you for the information regarding thc Seniors On Line program. We would be
very interested in becoming a Program Partner. The increased access to the Library
materials and the internet in general should be very popular with our residents. We
would bc happy to make the computer accessible to our residents and thc l,ibrary staff for
their help in implementing the program. There is space available, probably in
l,ibrary, for thc computer workstation as you described.
Plcase let mc know il' there is anything else i can do to be helpful with inaplcmcnlmg thc
program at our facility. I look forward to hcaring from you.
Sincerely.
Ted Kolva
Executive Director
ManorCare at l,ely Palms Retirement Center
An HCR Manor Care Company
2001 |
ManorCare Health Services-Naples
3601 I.akc~ood Boulevard
Naples, Florida 34112
(941) 775-7757
f941) 775-524,g
HCR.ManorCat
,'X'u,'sm,~ L Rcl,ab
March 7, 2001
Collier County Public Library
Estates Branch
1266 Golden Gate Blvd. West
Naples, FL 34120
Att: Ronnie Cox
Dear Ms. Cox,
Thank you for your recent letter regarding the Seniors On-Line Grant that is
available to the older adults in Collier County.
We certainly support this project and your consideration of our facility for this
grant. Although the majority of our residents would require assistance, a
computer workstation with direct access to the library and internet would be
another way of being in contact with the outside 'world" for them. We appreciate
this opportunity and look forward to hearing from you.
Sincerely,
Porn Behrens
Director of Nursing
Ag e n~d~ I~em~
MAR 2 Z .2001
Imperial Health Care Center
March 9. 2001
Ronney D. Cox
Outreach Specialist lI/Cu~t Coordinator
Collier Count~ Public Library
Estates Branch
1266 Golden Crate Blvd. Wes~
Naples, FL 34120
Dear Ms. Cox:
Thank you sending me ~e information regarding computer aeex~ for my residents. I feel that
ou~ residents and staff would benefit from this program immensely.
I will assist the Library in this effort by making the computer accessible, not only to the
residents, but also to the community. Thank you for this consideration.
Very Truly Yours,
Allison E. Burwin
Admini~r'8~r
900 Imperial Golf Cmarse Blvd.
· Naples, FL 34110
Agenc~
OO2
M~ Rormcy Cox
Seniors On-Line Program
Collier County Publ/c Library
VIA FACSIMILE
ttOtl' 'E
~STED LIVING
On behsdf of the residents here at Sumruechouse, I am exc~ed to extea~d o~ commhmcnt
via this later in support of the Seniors On-Line Pmsram,
Wc fully understand the value in our residents havin~ access m thc Intemet and to
computer mchnology in general. Our/ntent/on, if chosen to p~-i¢ipatc,/s ~o dedicate a
convenient location/n our community as our computer center for our residents to ~.sily
As friends of tho library, we ~ to ~ thc compt~.r c~nt~-r available for waining
and general use by sel~etm:l groups of the library and S~iors On-Line.
Please fogl free Io rxmtact me if you ncod furtt~r .hlf'Ormal~on_
Again, thank you for considering Summerhouse. We can't wait to participate.
Sinc~ty,
Agenda I.tem m
MERRILL GARDENS
at Naples
March 7, 2001
Collier County Public Library
1266 Golden Gate Blvd., West
Naples, F1 34120
Attention: Ronney D. Cox
Dear Ronney,
Thank you for asking our Retirement Community to apply for The Seniors On-Line
Grant and becoming a Program Parmer. Our residents no longer drive, and rely on us for
all their needs. They could enjoy access to the Library and it's services without ever
having to leave home!
We have just recently taken over this property and are always looking for ways to offer
our facilities to the public. It would be a wonderful marketing tool for us to offer
computer training to senior citizens in the area. Our community has two libraries that
could be utilized as a permanent computer station for residents and other senior citizens.
I am excited about the possible services this will bring to our residents and the Naples
community.
Sincerely,~._~/
Bo~~b H~lett, ~,
General Manager
1710 SW HEALTH PARKWAY NAPLES, FL 34109
TEL: 941-598-1213 FAX: 941-596-2335 WEB: www. merrillgardens.com
~1 w~ D~ve
Fh~e: 941-642-0000
Fax.- 941-642-10~)I
Ral~i Howard Gteet~em. PKD. DD
Caa~ ~ Had JamOca
Mm~ch 8, 2001
Ms. Ronney D. Cox
Collier County Public Library
1266 Golden Gale Blvd., West
Naples, FL 34120
Dear Ms. Cox;
I have read with great interest you letter describing li~ "Seniors On-Linc" program.
I am currently president of the Jewish Congre~on of Marco Island, a religious
institution m~d~ up lar~ of senior citizens.
Based on my limited knowledge of the level of computer com~ of our
congre~nts, I would say a program of the nature you descffbe would be both very
vsl.~hle and well r~eived. Our facilities lend themselves well to a classroom type
leamin~ that could include members of the larger comm]miW.
While any decision to l~rticipate in t_hi.~ type of program (should it mata!_~)i?e)
would have to be lie decision ofour Board of Directors, I can assure you of our
interest in explorh~ it futth~.
I look forward to hearing from you.
Sinc~ly yours
i A
gen~ Item ,
MAR 2~/~1I
~AR--09--200! 12:49 AH SENIOR CONNECTION NAPL£$
Senior Connections of S.W. Fi.
55S Cowboy ~ay
3-7-01
To= Whom it n%my concern
Senior Connections of S.W. Fi. is conunitted =o a p&r:nerehip wi:h
¢9~r COUnty Public L~brary, =O provide ~he "Seniors in ~ine
Pro]ram". The seniors who come to 0u~ Place Senior Can:er are very
in:erested in becomin9 computer literate. Many of our seniors do
no= have access to the librar~ and its services ~g $9 distance,
their handicaps anzl t~e lack oE transportation. This program w~ll
allow them ~he oppor=uni~y ~o ~rove =heir quality of li~e =hrou~h
knowledge and c~,~,~unica=ing wi~h ~&m£1y a~ ~riends.
Plsase Eeel Eree =o con=act me should you have any clues=tons or
need more inEormation.
Area Supervisor
Senior Connections of S.W. Fl.
March 2, 2001
Ms. Ronney D. Cox
Outreach Specialist Il/Grant Coordinator
Collier County Public Library
Estates Branch
1266 Golden Gate Blvd., West
Naples FL 34120
RE: Seniors On-Line
Dear Ms. Cox:
Our facility would like to participate in the Seniors On-Line program. We have many
residents who'would benefit from the access to the Library and it's services that this
program would provide.
We are willing to provide space for the computer workstation and would be happy to
assist the Library by making the computer accessible to the Library so they may offer
training opportunities to our residents, staff, and other senior citizens who may wish to
participate in this program.
Sincerely,
egma H. Driesbach
Executive Director of Operations/Administrator
RHD:llh
130 Moorings Park Drive
Naples, Florida 34105
HAR 2 7
(941) 643-9133
Fax (941) 643-9134
I- I
I'1 I C.~,.'..1 DL J. IqU
Charlie Crist
C;ommissioncr
,.lr_lkvv I EL- /'lc:ti' O0 UI
FI,OR]DA DEPARTMENT OF EDUCATION
Division of Blind Services
Sherry I.. stranahm~
District Admini.~tratar
March 8, 2001
Ms. Ronney Cox
Collier County Public Ubrary
Estates Branch
1266 Golden Gate Blvd. w.
Naples, FL 34120
Dear Ms. Cox:
1 wnole-nearmdly recommend dial yuur
the needs of the senior citizens in Collier County.
My agency proutdes computer ,b'ainlno tn ~, whn are vimally Impaired in'
Collier County. We have an excellent computer Instructor who works with our
clients in their own home on an Indlvldt~l basis. Note and more seniors am.
becoming interested in learning how to use computers'espedally to communicate
with friends and family members through e-mall and to look up a vast array of.
Information on the Intemet. The software available to visu. ally impair¢~l people
can enlarge the print, 1311~ or a comblna~n of the two, as well as offering
dictation ability,
I fully support your' efforts in ehabllng seniors t~ have access to compumrs and.
wish you conUnued success in your program.
Sincerely,
andy W~qnstock
Senior RehabilitaUon Spedailst
Fate 1..8~0-219-0180 - FAX 941/2"/8,-1351
G. CERTIlZlCATION REGARDING DEBARMENT ETC.
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be
obtained by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals are presemly debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of A~thorized Represemat~ve
Signature Date
ED Fon~ GCS-009, 6/88
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction, .... debarred, .... suspended," "ineligible," "lower tier covered transaction,"
"participant, .... person, .... primary covered transaction, .... principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded fi.om participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
tiffed "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List (Telephone Number).
8. Nothing contained in the foregoing Sttall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntary excluded fi.om participation in this transaction, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
-.
ED Form GCS-009, 6/88
~ 33
EXECUTIVE SUMMARY
APPROVE A PURCHASE AGREEMENT TO ALLOW FOR A WALKWAY, BIKE PATH
AND GREEN SPACE TO BE CONSTRUCTED FOR RECREATIONAL PURPOSES.
OBJECTIVE: Staff is requesting approval and execution of the attached Purchase
Agreement with Jennifer Rowland and Marguerite Joy,.to acquire a five (5) acre parcel (tax
parcel 17), located in Section 34, Township 49, Range 26, for the purpose of a walkway, bike
path and green space to be constructed for recreational purposes from the eastern boundary
of the Heron Lake PUD (Forest Park) to the western boundary of the Golden Gate
Commerce Park PUD along the south side of the SFWMD easement, parallel to the Golden~
Gate Canal.
CONSIDERATION: Parks and Recreation has determined that eight (8) parcels are needed
to construct a walkway and bike path that extends from the east side of the Heron Park PUD
(Forest Park) along the south side of the SFWMD easement, parallel to the Golden Gate
Canal, to the western boundary of the Golden Gate Commerce Park PUD. The project
consists of six (6) easement parcels that are twenty feet in width and two five-acre parcels
which are to be acquired in fee simple.
Tax parcel 17, owned by Jennifer Rowland and Marguerite Joy, is a vacant parcel and has
been determined by staff to be a favorable property for the intended purpose. The property
was for sale by the owners prior to the time Collier County displayed an interest in the parcel.
Kevin Hendricks, the Collier County Right-of-Way Design and Valuation Coordinator,
completed a land rights valuation, which supported the asking price of $80,000 that was
requested by the owners.
FISCAL IMPACT: The following are the costs associated with the purchase of the subject
site:
1. Purchase Price' $80,000.00
2. Title Commitment/Policy and miscellaneous costs (recording, etc.): Not to
exceed: $470.50
3. Market Valuation: Completed by Real Property Management Staff
The above expenses are to be allocated from Parks and Recreation Fund 368.
GROWTH MANAGEMENT IMPACT: The construction of the walkway is consistent with the
Growth Management Plan.
MAR 2 7 2001
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute the Agreement;
3. Waive the requirement for an appraisal pursuant to Florida Statute 125.355(b);
4. Direct staff to proceed to acquire the subject site and follow all appropriate closing
procedures;
5. Accept for recording in the Public Records a Warranty Deed, and any documents
necessary to clear title, once approved by the County Attorney's office;
6. Approve any and all necessary Budget Amendments to fund said purchase and
related expenses.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
HOF =_ BRACK, SPECIALIST
R ~,L PROPER~MANAGE~NT
M/~RL~, RAMSEY, 'D I~,ECT(~R
PARKS & RECREATION ",d
LEO E': OCHS, JR., ADMI~II/~RATOR
PUBLIC SERVICES
DATE:
DATE:
DATE:
PROJECT:
PARCEL:
FOI IO:
Golden Gate Walkway/00164
606
0029712OOO7
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between JENNIFER M. ROWLAND, a single person, and
MARGUERITE R. JOY, a single person, (hereinafter collectively referred to as the
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a fee estate in that land (hereinafter referred
to as the "Property") located in Collier County, State of Florida, and being more
particularly described as follows, to wit:
THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Owner desires to convey the Property to the Purchaser on
the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of the Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser by warranty Deed for the sum
of Eighty Thousand Dollars ($80,000.00). The Owner accepts the above payment as
full compensation for the Property interests taken and for any damages resulting to the
remainder, if less than the entire property was taken and for all other damages in
connection with said Property, including any attorney fees and costs provided by
Chapter 73, Florida Statutes.
2. Purchaser shall Pay Owner for the Property by County Warrant (said
transaction hereinafter referred to as the "Closing").
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Property. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
4. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Property, if applicable, through the day before the closing.
6. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florid~ Bar and in accordance with law. The
Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the
title within the time provided therefor including the bringing of necessary suits. Any and
all documents to clear title to the Property shall be provided to Purchaser on or before
the date of closing.
7. Owner represents that the Property and all uses of the Property have been
and presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred on
the Property except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Property to be sold to the County, that the seller has not received
notice and otherwise has no knowledge of a) any spill on the Property, b) any existing
or threatened environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Property. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asserted against the County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
9. Conveyance of the Property, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so stated
above; and this written agreement, including all exhibits attached hereto, shall
constitute the entire agreement and understanding of the parties, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
10. Owner is aware and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
11. The Purchaser shall pay for all costs of recording the conveyance
documents. All other costs associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and cbsts for any curative instruments shall
be borne and paid by Owner. Owner shall be responsible for paying any costs and/or
fees associated with the obtaining and recording of a Subordination, Consent & Joinder
of Easement and/or Partial Release of the mortgage(s) recorded against the Property
from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
12. If the Owner holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before the Property held in such capacity is conveyed to
Purchaser. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for
sale to the general public, it is hereby exempt from the provisions of Chapter 286,
Florida Statutes.)
13. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
14. This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
Agenda
Date Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
JAMES D. CARTER, Ph.D., Chairman
AS TO OWNER:
DATED: ,/.Z~/~/
WITNESSES:
~ir~t Witness Signature)
(P~ri~ed Na~e)
(S,ebond Witnes'~Signature)
(Printed Name)
,JE~b/'NIFER I~I. ROWLAND
~ddress: 1436 NE 17~ Terrace
Ft. Lauderdale, FL 33304
(First Witness Signature)
~. ~. L L t} "'~ 'V ; t~ J~ ~
(Pri_d.O~d Ngm,e) ..,.. -,
(SeCond W~ness ~ignature)
(Printed Name)
/ M~GUERITE ~.~Y
/ A~fdfess: 1301~Ri'Jer Reach Drive Apt. 310
Ft. I~auderdale, FL 33315
Approved as to form and
lo g~,~ u f f i c~e n cyy. p~/y
Ellen T. Chadwell
Assistant County Attorney
EXECUTIVE SUMMARY
APPROVE ONE EASEMENT AGREEMENT TO ALLOW FOR A WALKWAY, BIKE PATH
AND GREEN SPACE TO BE CONSTRUCTED FOR RECREATIONAL PURPOSES.
OBJECTIVE: Staff is requesting approval and execution of the attached Easement
Agreement with Alma Olivia Fleming, Trustee of the Alma Olivia Fleming Trust Fund, to
acquire three (3) sidewalk easements located in Section 34 Township 49 Range 26, Tax
parcels 47, 29, and 28 for the purpose of a walkway and bike path to be constructed between
the boundaries of the Heron Lake PUD (Forest Park) to the western boundary of the Golden
Gate Commerce Park PUD along the south side of the SFWMD easement, parallel to the
Golden Gate Canal for recreational purposes.
CONSIDERATION: Parks and Recreation has determined that eight (8) parcels are needed
to construct a walkway and bike path that extends from the east side of the Heron Park PUD
(Forest Park) along the south side of the SFWMD easement, parallel to the Golden Gate
Canal, to the western boundary of the Golden Gate Commerce Park PUD. The project
consists of six (6) easement parcels that are twenty feet in width and two five-acre parcels
which are to be acquired in fee simple.
The three (3) subject easements, owned by Alma Olivia Fleming, Trustee of the Alma Olivia
Fleming Trust Fund, Under Declaration dated October 12, 1995, are vacant parcels and have
been determined by staff to be a favorable property for the intended purpose.
A valuation was prepared by Kevin Hendricks, the Collier County Right-of-Way Design and
Valuation Coordinator in the amount of $8,000 for all three easements, which is acceptable
compensation to the property owner.
FISCAL IMPACT: The following are the costs associated with the purchase of the subject
site:
1. Purchase Price · $8,000.00
2. Title Commitment/Policy and miscellaneous costs (recording, etc.): Not to
exceed: $324.00
3. Market Valuation: Completed by Real Property Management Staff
The above expenses are to be allocated from Parks and Recreation Fund 368.
GROWTH MANAGEMENT IMPACT: The construction of the walkway is consistent with the
Growth Management Plan. :~
'/t
M R. 2 7 2001
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Authorize its Chairman to execute the original Agreement on behalf of the Board,
once the original document is returned and approved by the County Attorney's Office
(a copy is attached for your review)-;
2. Waive the requirement for an appraisal pursuant to Florida Statute 125.355(b);
3. Direct staff to proceed to acquire the subject site and follow all appropriate closing
procedures;
4. Accept for recording in the Public Records a Sidewalk Easement, and any documents
necessary to clear title, once approved by the County Attorney's office;
5. Approve any and all necessary Budget Amendments to fund said purchase and
related expenses.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
HOPE BRACK, SPECIALIST
RF.~L PROPERTY ~,NAGEMEN'I~
CH/~I~i' ES'E-. CARRII~G~'ON, JR.I~ UlREC
REAL PROPERTY MANAGEMENT
~ARLA RAMSEY, DIRECTOR ./
PARKS & RECREATION
DATE:
DATE:
DATE:
LEO E. OCHS, JR., 'ADMIN~Sf. ~-,, OR
PUBLIC SERVICES !/
Agenda _Zt~
MAR 2 7 2001
Pg ._~~
PROJECT: Golden Gate Walkway/00164
PARCEL NO: 601 (Folio # 00298120200)
602 (Folio # 00297560007)
605 (Folio # 00297520005)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between ALMA OLIVIA FLEMING, INDIVIDUALLY AND AS
TRUSTEE OF THE ALMA OLIVIA FLEMING TRUST, UNDER DECLARATION
DATED OCTOBER 12, '1995, (hereinafter referred to as "Owner"), whose mailing
address is 5772 SE Nassau Terrace, Stuart, Florida 34997 and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereinafter
referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples,
Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the
construction and maintenance of a sidewalk and bike path over, under, upon and
across the lands described in Exhibit "A" (said easement hereinafter referred to as the
"Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $8,000.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing").
Said payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier (~ounty, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
.Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Flodda.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
MAR 2 7 2001
Easement Agreement Page 2
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
.transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with the securing and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s). The cost
of a title commitment shall be paid by Purchaser.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal 'representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from theprovisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this __ day of ,2001.
Date Property acquisition approved by BCC:
AS TO PURCHASER:'
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
JAMES D. CARTER PH.D., CHAIRMAN
AS TO OWNER:
DATED:
ALMA OLIVIA FLEMING,
Individually and as Trustee
Witness (Signature)
Name:
(Print or Type)
Witness (Signature) _
Name:
(Print or Type)
ALMA OLIVIA FLEMING
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
MAR 2 ?, t01
Pg
EXHIBIT R
of, ~
PUBLIC WORKS ENGINEERING DEPARTMENT
33oi EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION CNOT A SURVEY)
PRO~ECT NO ..........00164
PARCEL NO ................. 601
FOLIO NO....00298120200
TAX PARCEL NO ........... 47
THE SOUTH 'TWENTY (20') FEET OF THE NORTH FORTY (40') FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
~/' GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 1
MAR 2 7 2001
EXHIBIT.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION ('NOT A SURVEY)
PROJECT NO .......... 00164
PARCEL NO ................. 602
FOLIO NO....00297560007
TAX PARCEL NO ........... 29
THE SOUTH TWENTY (20') FEET OF THE NORTH FORTY (40') FEET Of THE EAST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
PROFESSIONAL LAND SURVEYOR-FL. RE(3. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY O~)VERNMENT COMPLEX
3301 EAST TAIV~.A_.MI TRAIL
NAPLES, FLORETA 34112 -SHEET 1 OF 1
EXHIBIT,
P~g~. ~ ~,
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION (NOT A SURVEY')
PROJECT NO .......... 00164
PARCEL NO~" .............. 605
FOLIO NO....00297520005
TAX PARCEL NO ........... 28
THE SOUTH TWENTY (20') FEET OF THE NORTH FORTY (40') FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTF~R OF THE NORTHWEST QUARTER' OF
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
~GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLOR~I~A 34112 SHEET 1 OF 1
EXECUTIVE SUMMARY
APPROVE A LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF
COMMERCE, INC., APPROVING USE OF SPECIFIED COUNTY-OWNED
PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL
OBJECTIVE: To provide a means for the Collier County Community.. to
recognize and celebrate the nation's independence through a community 4th of
July Festival.
CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees)
has partnered with the County to provide a free 4th of July event for the
community for the last three years. Through this agreement the County will
provide a $25,000 contribution that will be used to support the event and will be
paid, as is standard practice, through a reimbursement method. The event as
proposed this year, will again be a family-oriented event with musical
entertainment, food vendors, and fireworks at dusk. The agreement requires
that the Jaycees have and make arrangements for appropriate levels of law
enforcement personnel, fire department and Emergency Medical Services
presence, and specific insurance coverage for the event as prescribed by the
County's Risk Management Office. The agreement has been negotiated through
the Public Services office and has been reviewed and approved by the County
Attorney's office for legal form and sufficiency.
GROWTH MANAGEMENT IMPACT: There is no growth management plan
impact associated with this event.
FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which
have been included as part of,.the FY 2001 budget' within the Parks and
Recreation Department.
RECOMMENDATION: It is recommended that the Board authorize the Chairman
to execute the attached Limited Use License Agreement between Collier County
and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of
July Festival at Sugden Regional Park.
Prepared by:
Leo E. Ochs, Jr., //
Public Services Admi~strator
· MAR 2 ~ ~001 ~
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LIMITED USE LICENSE AGREEMENT
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR
CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA
CORPORATION, APPROVING USE OF SPECIFIED COUNTY-
OWNED PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS
FESTIVAL.
This is entered into this day of ,2001 by and between the
Board of County Commissioners, Collier County, Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and
Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida
corporation, whose mailing address is P.O. Box 10416, Naples, Florida 34102,
hereinafter referred to as "Organization".
WHEREAS, the Organization requests the use of County-owned land for the
purpose of holding activities for conducting a Naples Jaycees July 4th Festival and
Firewbrks Display to be held on July 4, 2001.
WHEREAS, the Board is willing to approve the use of County-owned land for
such purposes as are specified herein:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
The Board hereby approves the use of a portion of County-owned property identified
as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part
hereof, hereinafter referred to as the "Property" for the purpose of holding activities
for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby
grants the Organization the right to photograph, record, televise, broadcast,
distribute, exhibit, advertise and promote the Event. The Board has rights to use
pictures for promotion of this program. Use of the Property by the Organization shall
be from July 2n~ through July 5th.
The organization shall be responsible for all on and off-site Event operations and
revenue as well as the administration of all revenue derived from the Event. The
Organization shall have the sole right and responsibility with respect to the granting
of concessions (such as food, beverages, programs), sponsorship and
merchandising rights and t'he revenue therefrom subject to approval of the Public
Services Administrator.
The Organization shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with holding of the Event, such
responsibility not being limited to trash collection and clean-up of the Property.
Repair of damaged areas will be at the expense of the Organization. Board shall not
be obligated or required to improve, repair, or maintain the Property or any part
thereof in any manner whatsoever.
The Organization shall acquire all permits required by Collier County and any other
governmental entity to conduct such an event and related activities on the Property.
The Organization shall ensure clean up of the Property by close of business on July
5th'
Prior to making any changes, alterations, additions or improvements to the Property,
the organization shall provide to the Parks and Recreation Department, in writing, all
proposals and plans for alterations, improvements, changes or additions to the
Property. The Organization covenants and agrees in connection With any
maintenance, repair work, erection, construction, improvement, addition or alteration
of any authorized modifications, additions or improvements to the Property, to
observe and comply with all present and future laws, ordinances, rules, regulations,
and requirements of the United States of America, State of Florida, County of Collier,
and any and all governmental agencies. All permanent alterations, improvements,
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and additions to the Property shall, at once, when made or installed, be deemed as
attached to the freehold and to have become the property of Collier County and shall
remain for the benefit of the County at the end of the term set forth in this agreement
in as good order and condition as they were when installed, reasonable wear and
tear excepted; provided, however, if Board so directs, the Organization shall
promptly remove all portable and non-permanent additions, improvements,
alterations, fixtures and installations which were placed in, on, or upon the Property
on behalf of the Organization, and repair any damage caused to the Property by
such removal.
Organization agrees that the Event will be managed in such a way as to comply with
all other Collier County ordinances, codes and Parks and Recreation Department
policies. In particular, the event noise, except the fireworks themselves, will be
managed to limit any sound amplification to meet the Collier County Noise
Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic
beverages within t-he park boundaries. There shall be no on-site sales and
promotion of any tobacco product within the park boundaries.
7. organization agrees to:
Provide on or before March 30th to the Parks and Recreation Department and
appropriate Development Services staff an application for a special events
permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will
be included within the special events permit application package.
B. Meet on the Property on or before June 4, 2001 with representatives from the
Collier County Parks and Recreation Department, the East Naples Fire Control
District, the Collier County Sheriff's Department and Collier County EMS. The
Organization will have or will have provided in advance of the meeting:
1. Fire Retardant Certificates and safety inspection for all tents to the East
Naples Fire Department;
2. A copy of the certificates of all insurance required by this agreement,
3. A security, parking and pedestrian crossing plan agreed to in writing by the
Collier County Sheriff's Department,
4. Written confirmation for on and required off-site fire protection from the East
Naples Fire District and/or other authorized County Fire Districts,
5. Written confirmation for on-site Emergency Medical Services from the Collier
County EMS Department, and
6. A copy of the organization's "Chairman.'.s.. Planning Guide".
Organization agrees to manage the Event as outlined within the Chairman's
Planning Guide prepared by Organization. Such plans shall be made a part of this
Agreement. Revisions to the Chairman's planning Guide after the meeting of June
4, 2001 referenced in paragraph seven (7-B) will require the review and approval of
the Public Services Administrator. Should inclement weather require cancellation of
the event on July 4th, such a decision will be made in conjunction with the
Organization and the Public Services Administrator as agreed to by the Organization
and the Public Services Administrator, July-5, 2001. All subsequent dates of this
agreement will be adjusted accordingly.
The Organization agrees that all persons involved with the handling of fireworks will
be qualified personnel and all persons involved with the igniting of fireworks will be
licensed pyro-technicians. In addition the Organization agrees that a professionally
produced fireworks show with a minimum value of $25,000 will be provided.
10. Organization shall indemnify, defend and hold harmless Board, its agents and
employees from and against any and all liability (statutory or otherwise), damages,
claims, suits, demands, judgments, costs, interest and expenses (including, but not
limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or
damage to property (including loss of use thereof) related to (A) Organization's use
of the Property, (B) any work or thing whatsoever done or any condition created
Agenda Item
,.%'
MAR 2 7 2001
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11.
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(other than solely by Board, its employees, agents or contractors) by or on behalf of
Organization in, about, on or with the Property, (C) any condition of the Property due
to or resulting from any default by Organization in the performance of Organization's
obligations under this Agreement, and (D) any act, omission or negligence of
Organization, its agents, contractors, employees, subtenants, licensees or invitees.
In case any action or proceeding is brought against any of the above by reason of
any one or more thereof, Organization shall pay all costs, attorneys' fees, expenses
and liabilities resulting therefrom and shall defend such action or proceeding if Board
shall so request, at Organization's expense, by counsel reasonably satisfactory to
Board, except where such damage or injury is the result of the gross negligence or
willful misconduct of the Board or its employees
The Organization accepts the property "as is." The Board shall not be liable for any
injury or damage to any person or property caused by the elements or by other
persons on the Property, or from the street or sub-surface, or from any other place,
or for any intederence caused by operations by or for a governmental authority.
The Board shall not be liable for any loss of property, including loss due to petty theft
of any property occurring on the Property or any part thereof. The Organization
agrees to hold the Board harmless from any claims for damages, except where such
damage or injury is the result of the gross negligence or willful misconduct of the
Board or its employees.
(a) Organization shall provide and maintain special event general liability and
property liability insurance policy(les), approved by the Collier County Risk
Management Department for not less than One Million Dollars and No/Cents
($1,000,000) combined single limits during the term of this Agreement. Organization
shall provide and maintain Worker's Compensation Insurance covering all
employees meeting Statutory Limits in compliance with all applicable laws.
(b) Collier County shall be listed as additional insured on the commercial general
liability policy. Evidence of such insurance shall be provided to the Collier County
Risk Management Department, 3301 East Tamiami Trail, Administration Building,
Naples, Florida, 34112, for approval prior to the commencement of this Agreement;
and shall include a provision requiring ten (10) days prior written notice to Collier
County c/o County Risk Management Department in the event of cancellation or
changes in policy(les) coverage. Board reserves the right to reasonably amend the
insurance requirements by issuance of notice in writing to Organization. Upo. n
receipt of such notice, Organization shall have ten (10) days in which to obtain such
additional insurance.
14. This Limited Use License Agreement shall be administered on behalf of the Board by
and through the Collier County Parks and Recreation Department.
15.
It is the responsibility of the Organization to properly notify the general public of
closed roads and designated parking areas. In particular notification shall be
provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue,
Pineland Avenue, Cindy Avenue, Mohawk Plabe, Mindi Avenue, Rose Avenue, and
Poplar Way. The Organization shall ensure that the park and all park facilities
remain open and accessible to the public.
16. This Agreement is not assignable. Any attempt to assign shall be void ab initio.
17. The Rental Rate for the festival is $ 800, which was waived by the Board on October
10, 200O.
18.
This Agreement represents a bare license for the Organization's use of the property
and does not convey any estate in the Property or create any interest therein
whatsoever.
19. The Organization represents and warrants to the Board that no hazardous materials
will be discharged to the air, grounds, sewer, or to any septic system on the
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Property except fireworks are planned to be discharged in the air and on the ground
according to plan.
The Organization shall be responsible for paying all taxes and charges associated
with or
resulting from the holding of this Event.
Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars
($25,000) for the Festival. The funding is to be used for permit fees, park fees,
entertainment fees, sheriff's department fees, carnival fees and/or fireworks fees.
Funds will be paid on a reimbursement basis upon the submission of copies of paid
invoices. All invoices will be signed by the President or Treasurer of the Naples
Junior Chamber of Commerce attesting that the goods are services indicated by the
invoice were received.
This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use
License Agreement as of the day and year first above written.
AS TO THE ORGANIZATION:
NAPLES JUNIOR CHAMBER OF COMMERCE,
INC.
By:.
, President
Witness (signature)
(print name)
Witness (signature)
(print name)
AS TO THE COUNTY:
ATTEST:-
DWIGHT E. BROCK, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form
and legal sufficiency:
For: ~Wei?ee¢
County Attorney
By:
James D. Carter, Ph.D., Chairman
4
EXECUTIVE SUMMARY
AUTHORIZATION TO COMBINE I'~VO PART-TIME POSITIONS TO ONE
PERMANENT FULL-TIME POSITION.
OBJECTIVE: To obtain the Board of County Commissioners authorization to create a permanent
full-time position to better serve the affordable home ownership program.
CONSIDERATIONS: Last year more than 3,000 people were informed about the home loan
program and over 350 people determined eligibility to qualify for a loan. Forty-four families closed
loans totaling $3.99 million; resulting in a conservative estimate of $60,000 in new or continued tax
revenue for the county. Eight banks have committed $5 million in funds to be used for home loans.
The Outreach Coordinator position is a key to this success. Two pan-time employees have been
utilized in the past with one exceeding expectations. She was board approved for permanent pan-
time status last year and the second pan-time position for the program has been vacant for quite some
time and difficult to fill.
FISCAL IMPACT: A budget expenditure of $5,632 will be needed for health and-life insurance
which, is available in current budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board authorize the position status change of two part-time
positions to one permanent full-time position.
Prepared by: i~
Deni se~. B~t on, i'D~ct orr)
Date: 3/05/2001
Reviewed and
Approved By: '
~ Leo Ochs, Public SerVice/s/Administrator
Date:
HAR 2 7 2001
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO RECOGNIZE ~DDITIONAL REVENUE AND
APPROPRIATE FUNDS AS AN OPERATING EXPENSE
OBJECTIVE: To request the Board of County Commissioners approve a budget
amendment to recognize additional revenue and appropriate $3,200 of Operating
Expenses to cover the cost of leasing a color printer.
CONSIDERATION: The Department of Public Information has realized unanticipated
revenue in this fiscal year which is derived primarily from the sale of video tapes and
Board agenda subscriptions.
The Department is also in urgent need of a color printer and has investigated the option
of leasing.this equipment. This is a request to transfer funds to the Operating Expenses
portion of the Department's budget to cover the leasing costs.
The Department of Public Information has need for this equipment on a daily basis. The
printer presently being used is operating poorly. In recent months, several repairs have
been done on this equipment costing in excess of $1,000.
FISCAL IMPACT: The cost to lease the printer will be $345.00 per month for 42
months. Funds are available in FY 01 due to additional revenue in the Department of
Public Information. Subsequent fiscal year budgets will increase $4,100.00.
GROVVTH MANAGEMENT IMPACT: No growth management impact will result from
this request.
RECOMMENDATION: The Board of County Commissioners approve a budget
amendment which recognizes the additional revenue and will transfer funds to operating
expenses to cover the cost of leasing a color printer for the Department of Public
Information.
Submitted by: ~--f~_~ ~ fJ, x,~_ _/~ Date
J~an Merritt, Director
Department of Public Information
Approved by: Date
Jo-Anne Varcoe Learner, Administrator
Support Services Division
,,2-/9'-0/
EXECUTIVE SUMMARY
APPROVE CONTRACT AMENDMENT NO. TWO FOR RFP 97-2675, "PRE-EMPLOYMENT
PHYSICALS AND DRUG TESTING"
OBJECTIVE: To approve Amendment No. Two 97-2765 with Community Health Partners. To
include items excluded at time of renewal.
CONSIDERATION: At time of contract renewal, Community Health Partners requested changes to
their current contract. Staff has since found that two (2) items previously negotiated were
inadvertently left off of Amendment No. One., these items are: Commercial Drivers License (CDL)
Physical (Department of Transportation) and Pre-Placement Physical with Commercial Drivers
License (CDL) Physical. These physicals are necessary for compliance with Federal and State laws
for issuance of Commercial Drivers Licenses.
FISCAL IMPACT: Fiscal impact is estimated to be approximately $1,000.00 additional for full year.
According to current projections, this amount shall be absorbed by the $32,000.00 currectly budgeted
for pre-employment physical examinations.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve Contract Amendment No. Two to RFP 97-2765 as
addressed in this summary and authorize the Chairman to sign the Amendment after review by the
County Attorney's office.
SUBMITTED BY:
Gary W(d~e~amp
.~,~ployee Relations Superviso(.__...~
REVIEWED BY:
· ,/- Geor~ P. Bradley, Director/
Human Resources Department
REVIEWED BY:
APPROVED BY:
Ste~-I~en Y. C'arnell, Director
Purcha. sing/General Services
Jo-Anne Varcoe Leamer, Administrator
Support Services Division
Date:
Date:
Date: "~ / ~'~ /0/
Date:
EXECUTIVE SUMMARY
APPROVAL TO ENTER AN AGREEMENT WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
FOR THE DEVELOPMENT OF A TERRORISM ANNEX
TO THE COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN AND CONDUCT AN EXERCISE TO VALIDATE
THE ANNEX
OBJECTIVE: To gain Board of County Commissioners acceptance and approval of
Agreement # 01 -EO-01-09-21-01-013 between the State of Florida, Department of
Community Affairs and Collier County for funds to develop a terrorism annex to the
Collier County Comprehensive Emergency Management Plan, to conduct an exercise to
validate the plan and our capabilities and to adopt a Resolution authorizing the acceptance
and execution of said Agreement.
CONSIDERATION: The United States Department of Justice, through the State of
Florida, Department of Community Affairs, has made funds available for counties to
develop a terrorism annex for incorporation into Comprehensive Emergency Management
Plans. Standard Operating Procedures and an exercise must be completed prior to contract
termination of September 30, 2001. Collier County has already performed a needs
assessment for training and equipment to combat the terrorism threat. Monies for training
and equipment will be available under separated grants.
Since the time to complete the Annex, develop Standard Operating Procedures and
conduct an exercise is relatively compressed, it is the staff's recommendation that the grant
funds awarded should be used to hire an outside contractor to accomplish these tasks in
accordance with the Scope of Work. If the attached Agreement and Resolution are
approved, the Florida Department of Community Affairs will award Collier County the sum
of $ 50,000.00 for the completion of the Scope of Work.
FISCAL IMPACT: Increase of $ 50,000.00 in Fund l 18- Emergency Management
Grant Funds
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact.
RECOMMENDATION: That the Board of County Commissioners approve the
attached Agreement # 01 -EO-01-09-21-01-013 for the development of a terrorism annex
to the Comprehensive Emergency Management Plan, preparation of the Standard
Operation Procedures and the development of an exercise to validate the plan and the
capabilities of all public safety agencies within the County, adopt the Resolution
AI~.ND,~,TF.~
No., ....
HAR 2 7 2001
authorizing the execution and acceptance of said Agreement, and approve the necessary
Budget Amendment that increases the Emergency Management Grant Fund by
$50.000.00.
SUBMITTEDB~ -~~~ Date:
Keflneth FPineau, Emergency Manager~e~t Director
APPROVED BY: ~"/~"~ ,.:~..//~,r_g.~c..~ Date: 3/~}/~/
Thomas Storrar, Emergency Services Administrator
RESOLUTION NO. 01 -
RESOLUTION AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY
WHEREAS, the United States Department of Justice, through the Florida
Department of Community Affairs has made funds available to local
jurisdictions for the creation of a Terrorism Annex to the Comprehensive
Emergency Management Plan, the development of Standard Operating
Procedures and the development of an exercise to validate the plan; and
WHEREAS, the Florida Department of Community Affairs, by means of
the attached Agreement # 01-EO-01-09-21-01-013, has agreed to provide
Collier County the sum of $ 50,000.00 for the completion of the Scope of
Work in Attachment "A" of the Agreement.
WHEREAS, the Board of County Commissioners of Collier County,
Florida agree that the performance of the subject Agreement is in the best
interest of Collier County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
that the Board approve Agreement # 01 -EO-01-09-21-01-013 between the
State of Florida Department of Community Affairs and Collier County as
presented to the Board for review and hereby authorize the Board's
Chairman to execute the Agreement on behalf of Collier County.
This Resolution adopted after motion, second and majority vote in favor of
adoption this day of ,2001
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
James D. Carter, Ph.D., Chairman
ATTEST: Dwight E. Brock
By:
(Deputy Clerk)
Approved as to form
and Legal Su:fficiency:
Dav~'d"~,Veigel ~ ~," ,!~tl,
County Attorney
AGENDA II:EM
No. /~ ~ /
MAR 2 7 2001
Revised: February. 26. 2001
Contract Number: 01 -EO-01-09-21-01-013
CFDA Nmnber: 83.552
FEDERALLY FUNDED AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite
skills, knowledge, qualifications and experience to provide the services identified herein, and
does offer to perform such services, and
B. WHEREAS, the Department has a need for such services, has followed appropriate
state procurement procedures, and does hereby accept the offer of the Recipient upon the terms
and conditions hereinafter set forth, and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the
funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws. rules and regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end
September 30. 2001, unless terminated earlier in accordance with the provisions of paragraph (9)
of this Agreement.
(4) MODIFICATION OF CONTILa, CT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duh, signed by each
of the parties hereto, and attached to the original of this Agreement.
A(~_J~IDA ITEM
No. /~. r':-{ I
2 ? 2001
Ail refdnds or repayments to be made to the Department under this Agreement are tc.
be made payable to the order of :'Department of Community, Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(5) RECORDKEEPING
(a) If applicable, Recipient's performance under this Agreement shall be subject to
the federal "Common Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) and OMB Circular No. A-87, "Cost Principles for
State and Local Governments".
(b) All original records pertinent to this Agreement shall be retained by the Recipient
for three (3) years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three (3)
year period and extends beyond the three (3) year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three (3) years after final
disposition.
3. Records relating to real property, acquisition shall be retained for three (3)
years after closing of title.
(c) All records, including supporting documentation of all costs, shall be sufficient to
determine compliance with the requirements and objectives of the Budget and Scope of Work
(Attachment A) and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of 8:00
a.m. to 5:00 p.m., local time. on Monday through Friday. "Agents" shall include, but not be
limited to. auditors retained by the Department.
(e) Any additional terms and conditions pertaining to property management and
procurement under this Agreement are set forth in Attachment D.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly repons.
and with a final close-out report, see Attachment B for a Sample Report Form.
DA IT..J~
MAR 2 7 2001
5
(b) Quarterly reports are due to be received by the Department no later than thirty
(30) days after the end of each quarter of the program year (beginning with the current quarter in
which the Agreement is executed) and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the
program year are March 31, June 30, September 30 and December 31.
(c) The close-out report is due thirty (30) days after termination of this Agreement or
upon completion of the activities contained in this Agreement.
(d) If all required repons and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department may withhold
further payments until they are completed or may take such other action as is set forth in
paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not
received within thirty' (30) days after written notice by the Department. "Acceptable to the
Department" means that the work product was completed in accordance with generally accepted
principles and is consistent with the Budget and Scope of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to
ensure that time schedules are being met, the Budget and Scope of Work is being accomplished
within specified time periods, and other performance goals are being achieved. Such review
shall be made for each function or activity set forth in Attachment A to this Agreement.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and
shall save the Department harmless against all claims of whatever nature by third parties arising
out of the performance of work under this Agreement. For purposes of this Agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent
contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Florida Statutes. agrees to be fully responsible for its negligent acts or omissions or tortious acts
which result in claims or suits against the Department, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
A~3ENDA ITEM
No.
MAR 2 7 2001
(9) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of
action by Congress, the state Legislature, the Office of the Comptroller or the Office of
Management and Budgeting, or if any of the following events occur ("Events of Default"), all
obligations on the part of the Department to make any further payment of funds hereunder shall,
if the Department so elects, terminate and the Department may, at its option, exercise any of its
remedies set forth herein, but the Department may make any payments or parts of payments after
the happening of any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any
respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the Department and has not cured
such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
2. If an3' material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the Department, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the
Department;
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information; or
4. If the Recipient has failed to perform and complete in timely fashion an), of
the services required under the Budget and Scope of Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to timely cure,
exercise any one or more of the following remedies, either concurrently or consecutively, and the
pursuit of any one of the following remedies shall not preclude the Department from pursuing
any other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in
the United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of
non-compliance or lack of performance, issuing a written warning to advise that more serious
measures may be taken if the situation is not corrected, advising the Recipient to suspend,
discontinue or refrain from incurring costs for any activities in question or requiring the
Recipient to reimburse the Department for the amount of costs incurred for any items determined
to be ineligible; and
5. Exercise any other rights or remedies which max, be otherwise available under
AOE. NDA II. EM
No. /~, /~zf
MAR 2 7 2001
pg. 7
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in
a timely manner; and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter ! !9, Florida Statutes, as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120,
Florida Statutes, as amended. Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the
extent authorized by law, withhold any payments to the Recipient for purpose of set-off until
such time as the exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery; first class, certified mail, return receipt requested; or e-mail to the
representative identified below at the address set forth below and said notification attached to the
original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Dorann Loehr / Paul Brannigan, Contract Manager
Departmeht of Community Affairs/DEM
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 413-9972
Fax: (850) 488-5777
Email dorann.loehr~dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration o£this Agreement is:
Mr. Ken Pineau
Collier County
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 941-774-8444
Fax:
Email: pineaukC_w, naples.net
5
A~,-~ N DA !~'EM
No. _/.~, .~ ,/
NAR 2 7 2001
(d) In the event that different representatives or addresses are designated by either
parts.' after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (10)(a) above.
(11 ) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracv of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof0r any
material changes shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the Department from all
its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County,. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend or act as a waiver of anv
other right or remedy of the Department hereunder, or affect the subsequent exercise of the same
right or remedy by the Department for any further or subsequent default by the Recipient. Any
power of approval or disapproval granted to the Department under the terms of this Agreement
shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation. State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list 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 entiB, for the construction or repair ora public buildine or public work, may not
submit bids on leases of real property to a public entity, may not be ~warded or perform work as
a contractor, supplier, subcontractor~ or consultant under a contract with a public entity, and may
not transact business with any public ', ' ~ ry period of'36 months
enutv in excess of Cateoo Two for a
from the date of being placed on the convicted or discriminatory vendor list.
AGENDA LTEM
No. /~ ,x--- /
MAR 2 7 2001
P~I.___~ _ .
(g) With respect to an), Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, the Recipient
certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, propoSed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
paragraph 1 l(g)2, of this certification; and
4. have not within a three-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification,
such Recipient shall attach an explanation to this Agreement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours
of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded
under this Agreement.
(d) In the event that the Recipient expends $300,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. In determining the Federal awards
expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal funds received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the
provisions OMB Circular A-133, as revised, will meet the requirements of this part.
In connection with the above audit requirements, the Recipient shall fulfill the
requirements relmive to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
MAR 2 7 2001
7 t0
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. In the event that the Recipient expends less than $300,000 in Federal awards in ks
fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised, :he cost of the audit must be paid fi-om non-Federal funds (i.e.. the
cost of such an audit must be paid from Recipient ~nds obtained from other than Federal
entities).
~. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of £mancial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3. Copies of audit reports tbr audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted., when required by
Section 320 (d), OMB Circular -~.~2, as revised, by or on behalf of the Recipient directly to each of
the following: -
a. The Department at each of the following addresses:
Department of Communit?, Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
b. 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 l0th 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.
4. In the event that a copy of the audit report for an audit required by
subparagraph (d) above and conducted in accordance with OMB Circular A-133, as revised, is not
required to be submitted to the Department for the reasons pursuant to Section 320(e)(2), oMB
Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to
Section 320(e)(2) and a cop>' of the Recipient's audited schedule of expenditures of Federal awards
directly to the following program address:
MAR 2 7 2001
Department of Communi~ Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be
held liable for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Department has
notified the Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three (3) years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IPA shall state that the audit complied witi~ the applicable
provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the
date the audit report is issued by the State Auditor General, whichever is later.
(13) SUBCONTRACTS.
If the Recipient subcontracts any or all of the work required under this A~ reement, a copy
of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that ~i) the
subcontractor is bound by all applicable state and federal laws and regulations, and (ii.l the
subcontractor shall hold the Department and Recipient harmless against all claims of xYhatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed
and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All Attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the Attachments hereto, the language of such Attachments shall be controlling, but only to the
extent of such conflict or inconsistency.
MAR 2 7 2001
9
(c) This Agreement has the following Attachments: A. B. C. D. and E.
(16) FUNDING/CONSIDERATION.
This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory, performance of work hereunder in an amount not to exceed $50,000.00
subject to the availability of funds. The Recipient shall use the Sample Reporting form (A,~tachment
B) to record expenditures.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Florida Statutes. or the Florida Constitution.
(b) This Agreement can not be extended.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Florida Statutes.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
A~eement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
Recipient who 'knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration
and Nationality Act ("INA")]. The Department shall consider the employment by any Recipient of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the
employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(18) COPYRIGHT, PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment C for terms and conditions relating to
copyrights, patents and trademarks.
(19)
PUBLICATIONS AND PUBLICITY.
10
N AGENDA IT. EM
NAR 2 7 2001
/
If applicable to this Agreement, refer to Attachment E for terms and conditions relating to
publications and publicity.
(20) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all sub-recipients shall certif,v and disclose
accordingly.
This certification is a material representative 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.
(21) LEGAL AUTHORIZATION.
The Recipient certifies wifl~ respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body
has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
(223
VENDOR PAYMENTS.
HAR 2 ? 2001
Pursuant to Section 215.422, Florida Statutes, the Department shall issue
payments to vendors within (40) days after receipt of an acceptable invoice and receipt,
inspection, and acceptance of goods and/or services provided in accordance with the terms and
conditions ofthe Agreement. Failure to issue the warrant within forty (40) days shall result in
the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida
Statutes. The interest penalty shall be paid within fifteen (15) days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling
the State Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their undersigned officials as duly authorized.
RECIPIENT:
COLLIER COUNTY
Agency or Company
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Date:
James D. Carter, Ph.D., Chairman
Board of County Commissioners
BY:
Joseph F. Myers, Director
Division of Emergency Management
FEID# 59-6000558
ATTEST:
BY:
Dwight E. Brock, Clerk
(Deputy Clerk)
%_~roved as to Form,
County Attorney
AC-~NDA ~EM
? /
WAR 2 7 2001
pg.
Attachment A
Scope of Work and Budget
i. Scope of Services
All municipalities and other local jurisdictions located within Collier County will be encouraged
and invited to participate to their maximum extent possible.
A. Develop a terrorism annex in accordance with state and federal plans that will address the
roles and responsibilities of all appropriate agencies in the event of a terrorist incident.
1. A draft Annex will be submitted to the Department for review prior to the finalization
and incorporation of the Annex to the Comprehensive Emergency Management Plan.
2. Incorporate the Annex into the Comprehensive Emergency Management Plan.
B. Develop and conduct a table top exercise to test the Terrorism Annex to determine
applicability and the ability of first responders to implement the Annex.
2.
3.
4.
5.
6.
7.
8.
Report) to the
Develop a play book and schedule timeline
Produce exercise materials and aids
Introduce and indoctrinate exercise participants
Conduct the Exercise
Evaluate the Exercise
Produce an After Action Report to include participants and evaluations
Incorporate 'Lessons Learned' into the Annex
Provide Exercise materials (play book, outline, participant list, and After Action
Department
C. Develop Standard Operating Procedures for first responder personnel in the event ora
terrorist incident.
1. Draft Standard Operating Procedures will be submitted to the Department for review.
II. Budget Information
The total funding allocated by the Deparm~ent is $50,000.00. Funding is allocated for the
development of a Terrorism A_amex, Standard Operating Procedures and a Table top Exercise of the
Annex.
A. Payments will be reimbursed based on actual expenses not to exceed $50,000.00, as
reported on, at most, a quarterly basis, and indicated by the submission of a report required by
Paragraph 6.B. (see Attachment B also), and submission of an approved request for payment.
B. A full accounting of the expenditure of the $50,000.00 will be contained in the final close
out report as submitted to the Department. This report must be submitted within thirty (30) days of
the termination of this Agreement.
13
AC3ENDAITEM
MAR 2 7 2001
Attachment B
SAMPLE REPORT FORMAT
~roject Finances: Include the dates of each report period as specified in the "From / To" column. Enter the
mount of funds expended in each budget categorv during thc period (figures should be consistent with invoice
mounts). '
Reporting
Quarter From /To Salary Travel Printing Supplies Other
TOTALS
1
2
3
4
FINAL
II.
Proiect Finance Narrative: Include a brief summary of financial activity during the period as well as an
explanation of expenses charged to the "Other" category..
First Quarter Report:
Second Quarter Report:
Third Quarter Report:
Fourth Quarter Report:
Final Report:
14
MAR 2 ? 2001
III.
Proiect Activity Narrative: Include a brief description of planning activities during the work period. Be sure to
include any meetings attended. Attach agendas from meetings, if appropriate.
Firs! Quarter Report:
Second Quarter Re.oort:
Third Quarter Report:
Fourth Quarter Report:
Final Report:
15
A(:~,N~A ITEM
MAR 2 7 2001
.~. Io°
Attachment C
Copyright, Patent and Trademark
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing r~atent or copyright
unless the Agreement provides otherwise. '
(b) If any discover), or invention arises or is developed in the com'se of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient
shall refer the discovery or invention to the Department for a determination whether patent protection
will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this Agreement are hereby reserved to the State of Florida. In the
event that any books, manuals, films, or other copyrightable material are produced, the Recipient
shall notify the Department. Any and all copyrights accruing under or in connect/on with the
performance under this Agreement are hereby reserved to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of'this Agreement which he or she 'knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no
such property exists. The Department shall then, under Paragraph (b), have the right to all patents
and copyrights which occur during performance of the Agreement.
AOE. NDA ITEM
HAR 2 7 2001
Attachment D
Property Management and Procurement
If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use
said equipment for emergency managernentpurposes only, and to properly maintain and repair said
equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in
proper working condition. Recipient shall establish a control system to insure adequate safeguards tc
prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of
any loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend,
encumber or dispose of said equipment without the written permission of the Department. In the
event of a disaster, the Recipient shall make available all appropriate equipment purchased through
this funding for use in said emergency.
17
AGE~DA ITEM
No. ,,/~, ?'/ ..
lIAR 2 7 2001
Attachment E
Publications and Publicity
Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the
~t,te of Flcfida, Department of Community Affairs. Division of Emergency Management." If the
project is referenced in written material, the words "State of Florida, Department of Community
Affairs, Division of Emergency Management" shall appear in the same size letters or type as the
name of the Recipient.
18
AGENDA ITEM
No.
MAR 2 7 2001
pg. 21
TO:
Date Prepared:
FROM:
Work Completed:
Invoice Number:
INVOICE FOR SERVICES
Contract Number: 01 -EO-01-09-21-01-013
Florida Department of Community Affairs
Division of Emergency Management
Mr. Ken Pineau
Collier County
(paraphrase the information provided on the Quarterly Report - Attachment B)
Total Contract Award
Amount of this Invoice
Amount remaining on Contract
$
$
$
Original Signature
i:Ei D Number
Date
**~ B E
'-'e Rc :eivt.
t'.ec, ived:
· ','it ~:ed:
COMPLETED BY
Date
19
DEPARTMENT**
AGENDA iTEM
N~. /_~ ~'~? ,,
MAR 2 7 2001
p~ 2 2-
EXECUTIVE SUMMARY
Approval of the amended Collective Bargaining Agreement between the Board of County
Commissioners and the International Association of Fire Fighters, Local 3670
OBJECTIVE: To obtain Board approval of the amended collective bargaining agreement
between the County and the Union representing the Ochopee Fire Department Fire Fighters and
Fire Lieutenants, Local 3670
CONSIDERATION: Pursuant to Article 39, Section 39.2, the Collective Bargaining
Agreement will reopen annually. There were no changes presented by the Union or by Collier
County other than the mandatory Wage re-opener:
Salary schedule adjustments, and merit pay (pay for performance), consistent with Pay
Plan maintenance that was applied to other affected positions
FISCAL IMPACT: Funds have been appropriated in the Ochopee Fire Control and Rescue
District budget to fund this contract: Fund 146, Cost Center 144380.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: It is recommended that the Board approve the proposed changes in
the collective bargaining agreement with the International Association of Fire Fighters, Local
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
Em"~loyee Relations Supervisor
Ger~rge P. Bradley ,
Human Resources Director
Joanne Varcoe-Leamer
Support Services Ad~ninistrator
DATE: gl~,"'} ~ "~ f
DATE:
DATE: ::,/ n. ,' <. ,
AGENDA ITEM
No,
MAR 2 't 0o!
EXECUTIVE SUMMARY
AGREEMENT APPROVAL AND ADOPTION OF RESOLUTION
AUTHORIZING THE ACCEPTANCE OF SAID AGREEMENT
BETWEEN THE STATE Ot: FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS AND COLLIER COUNTY FOR FUNDS
TO BE USED FOR SHELTER ENHANCEMENT AT GULF COAST
HIGH SCHOOL
OBJECTIVE: To gain Board of County Commissioners acceptance and approval of
Agreement # 01HM-6L-09-21 - 15-007 between the State of Florida, Department of
Community Affairs and Collier County for funds to enhance a storm shelter, and to adopt
a Resolution authorizing the execution and acceptance of said Agreement.
CONSIDERATION: The Federal Emergency Management Agency (FEMA), through
the Department of Community Affairs, has made funds available to retrofit existing
shelters in order to reduce the state-wide shelter deficit. On September 12, 2000, the
Board of County Commissioners directed staff to submit two grant applications for shelter
retrofit work at Barron Collier and Gulf Coast High Schools.
The Department of Community Affairs has awarded Collier County funds in the amount
of $ 9,945.00 for work at Gulf Coast High School. Funds will be used to install wind
protection for thru entry ways and two courtyard entrances to the gymnasium. These
funds are provided on a reimbursable basis. The period of this Agreement is for 24 months
from the date ora fully executed contract. However, we estimate a completion date prior
to the start of the 2001 hurricane season.
If the Agreement is approved, the Emergency Management Department will serve as the
project manager to insure that all work is completed prior to contract termination.
FISCAL IMPACT: Increase of $ 9,945.00 in Fund 118- Emergency Management
Grant Fund.
GROWTH MANAGEMENT IMPACT: Policy 12.1.3, Conservation and Coastal
Management Element requires that the County continues to identify shelter space that ·
complies with the American Red Cross standards.
RECOMMENDATION: That the Board of County Commissioners approve the
attached Agreement # 01HM-6L-09-21-15-007 for the installation of hurricane shelter
enhancements at Gulf Coast High School, adopt the Resolution authorizing the execution
'AOEN' I'T .......
MAR 2 7 2001
and acceptance of said Agreement, and approve the necessary Budget Amendment that
increases the Emergency Management Grant Fund by $ 9,945.00
SUBMITTED B~au'' Date: ~/~ ~'
Kenneth F. Pineau, Emergency Management Director
Thomas Storrar, Emergency Services Administrator
HAR 2 ? 2001
RESOLUTION NO. 01 -
RESOLUTION AUTHORIZING THE EXECUTION AND
ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY
WHEREAS, the Federal Emergency Management Agency through its
Hazard Mitigation Grant Program has made funds available to the Florida
Department of Community Affairs for further dispersal to local jurisdictions
to enhance local sheltering programs; and
WHEREAS, the Florida Depamnent of Co~nmunity Affairs, by means of
the attached Agreement # 01-HM-6L-09-21-15-007, is agreeing to provide,
by means of reimbursement for costs incnrred by the County for the
installation of hurricane protection devices at Gulf Coast High School, the
sum of $ 9,945.00
WHEREAS, the Board of County Commissioners of Collier County agree
that the performance of the subject Agreement is in the best interest of
Collier County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
that the Board approve Agreement # 01-HM-6L-09-21-15-007 between the
State of Florida Department of Community Affairs and Collier County as
presented to the Board for review, and hereby authorized the Board's
chairman to execute the Agreement on behalf of Collier County.
This Resolution adopted after motion, second and majority vote' in favor of
adoption this __ day of March, 2001.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
James D. Carter, Ph.D., Chairman
ATTEST: Dwight E. Brock
By:
(Deputy Clerk)
Approved as to form
and Legal Sufficiency:
David Weigel r, <,~,5
County Attorney
A~UDA ~T.T..~ M_
'No.. /0/'-' ~
HAR 2 ? 2001
Contract Number:01HM-6L-09-21-15-007
CFDA Number: 83.548
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, Hurricane Irene produced disastrous weather conditions which had a
devastating impact upon the State of Florida; and
B. WHEREAS, the severity of the damage loss resulted in the declaration of an
emergency by the Governor; and
C. WHEREAS, The President of the United States has concurred and has declared a
major disaster designated FEMA-DR-1306-FL; and
D. WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of
the Presidential Declaration, has made available federal funds for hazard mitigation grants; and
E. WHEREAS, the Recipient represents that it is fully qualified, possesses the
requisite skills, knowledge, qualifications and experience to provide the services identified
herein, and does offer to perform such services, and
F. x,'~ri-IEREAS, the Department has a need for such services and does hereby accept
the offer of the Recipient upon the terms and conditions hereinafter set forth, and
G. WHEREAS, the Departmen.'~ has authority pursuant to Sections 252.35, 252.36,
252.37, 252.38 and 163.03, Florida Statutes (Fla. Stat.) and other pertinent Florida law to
disburse the funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, .Attachment A of this Agreement. Within thirty (30) days of execution of
this Agreement, Recipient shall submit to the Department, for its approval, a detailed
Scope of Work and a detailed line item Budget which shall govern the performance of the
Recipient hereunder, and which shall be incorporated, by reference in this Agreement
through a modification signed by both parties. The Scope of Work must include specific
interim due dates for each task or activity which is necessary to accomplish the project for
which this grant is awarded. Failure to complete any task or activity by the ue date set
HAR 2 7 20Of
(2)
(3)
(4)
(5)
forth in the Scope of Work will be an Event of Default under Paragraph 9 herein. The
ApPlication of the Recipient for this grant, as approved by the Department, is hereby
incorporated by reference, and the terms of that approved Application are binding upon
the Recipient.
INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, and shall end twenty-four
(24) months from the date of execution, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement.
MODIFICATION OF CONTRACT; REPAYMENTS.
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
Notwithstanding the foregoing, any budget changes which do not increase the overall cost
of the project or change the scope of work do NOT require a written modification to this
Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
RECORD KEEPING.
(a)
(b)
Recipient's performance under this Agreement shall be subject to 44 CFR Part 13 '
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" and OMB Circular No. A-87.
In the event that more than one projec: is funded under this Agreement, the funds
received by the Recipient for each project may not be commingled, and the funds
obligated or expended for each project must be accounted for separately, with
separate record keeping for each project.
AGENDA ITEM
No.
2 ? 2001
5'
Pg.., , -
(c)
(6)
(d)
(e)
All original records pertinent to this Agreement shall be retained by the Recipient
for three years following the date of termination of this Agreement or of
submission of the final close-out report, ,&hichever is later. However, if any
litigation, claim or audit is started before the expiration of the three year period
and extends beyond the three year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
Ail records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work, Attachment A to this Agreement, and all applicable
legal requirements.
The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its
records at reasonable times to the Department, its employees, and agents.
"Reasonable" shall be construed according to the circumstances but ordinarily
shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on
Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the Department.
REPORTS.
(a)
(b)
The Recipient shall provide quarterly progress reports to the Department, using
the attached Quarterly Report Form, Attachment F. The first report is due on the'
first day of the federal quarter, after the date of execution of this Agreement and
quarterly thereafter until the work has been completed and approved through final
inspection. Thereafter, reports shall be due on January 1, April 1, July 1,'and.
October 1. Reports shall indicate the status and completion date for each project
funded, any problems or circumstances affecting completion dates, or the scope of
work, or the project costs, and any other factors reasonably anticipated to result in
noncompliance with the terms of the grant award. Interim inspections shall be
scheduled by the Recipient prior to the final inspection and may be requested by
the Department based on information supplied in the quarterly reports. The
Department may require additional reports as needed. The Recipient shall, as
soon as possible, provide any additional reports requested by the Department. The
Department contact will be the state hazard mitigation officer for ali reports and
~quests for reimbursement.
Recipient shall provide the Department with a close-out report on forms provided'
by the Department. The close-out report is due no later than siXty (60) days after
termination of this Agreement or upon completion of the activities contained in
this Agreement.
3
WAR 2 7 2001
(7)
(8)
(c)
If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may w..thhold further payments until they-are completed or may take such other
action ~,s set forth in paragraph (9). The Department may terminate the
Agreement with a Recipient if reports are not received within 30 days after written
notice by the Department. "Acceptable to the Department" means that the work
product was completed in accordance with generally accepted principles and is
consistent with the Budget and Scope of Work.
(d)
Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished
within specified time periods, Recipient is complying with all terms and conditions of
this Agreement, and other performance goals are being achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement and each
term and condition established herein.
LIABILITY.
(a)
(b)
Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this
Agreement, and shall save the Department harmless against all claims of whatever
nature by third parties arising out of the performance of work under this
Agreement. For purposes of this Agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or
tortuous acts and agrees to be liable for any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a waiver of sovereign
immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9)
DEFAULT: REMEDIES: TERMINATION.
(a)
If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of
Management and Budgeting, or if any of the following events occur ("Events of
' AC-,ENbA ITEM'
No.
HAR 2 ? 2001
pg.
(b)
Default"), all obligations on the part of the Department to make any further
payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise ariy of its remedies set forth herein, but the
Department may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
If any warranty or representation made by the Recipient in this
Agreement or any previous Agreement with the Department shall
at any time be false or misleading in any respect, or if the Recipient
shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
Department and has not cured such in timely fashion, or is unable
or unwilling to meet its obligations thereunder;
If any material adverse change shall occur in the financial
condition of the Recipient at any time during the term of this
Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to
cure said material adverse change within thirty (30) days from the
time the date written notice is sent by the Department.
If any reports required by this Agreement have not been submitted
to the Department or have been submitted with incorrect,
incomplete or insufficient information; or
If the Recipient has failed to perform and complete in timely
fashion any of the services required under the Budget and Scope of
Work attached hereto as Attachment A.
Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
remedies shall not preclude the Dei~artment from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
Terminate this Agreement, provided that the Recipient is given at
least thi~, (30) days prior written notice of such termination. The
notice shall be effective when placed in the United States Mail,
first class mail, postage prepaid, by registered or certified mail-
return receipt requested, to the address set forth in paragraph (10)
herein;
ktAR 2 7 2001
(c)
.(d)
(e)
(f)
'(g)
Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
Withhold or suspend payment of all or any part of a request for
payment;
Exercise any corrective or remedial actions, to include but not be
limited to, requesting additional information from the Recipient to
determine the reasons for or the extent of non-compliance or lack
of performance, issuing a written warning to advise that more
serious measures may be taken if the situation is not corrected,
advising the Recip!ent to suspend, discontinue or refrain from
incurring costs for any activities in question or requiting the
Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible; or
Exercise any other rights or remedies which may be otherwise
available under law.
The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited
to, misuse of funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the Recipient to
permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
Suspension or termination constitutes final agency action under Chapter 120, -Fla.
Stat., as amended. Notification of suspension or termination shall include notice
of administrative hearing tights and time fi.ames.
The Recipient shall return funds to the Department if found in noncompliance
with laws, rules, regulations governing the use of the funds or this Agreement.
This Agreement may be terminated by the written mutual consent of the parties.
Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of the Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages
due the Department from the Recipient is determined. In the event that the
Federal Emergency Management Agency (FEMA) de-obligates funds previously
authorized under this Agreement, or under any other FEMA funded agreement
administered by the Division of Emergency Management within the Department,
then the Recipient shall immediately repay said funds to the Department. If
AGENDA ITEM
No.
I AR 2 7 2001
(10)
Recipient fails to repay said funds, then Recipient authorizes the Department to
recoup or set off said funds from funding otherwise available under this
Agreement or under any other grant agredment with Recipient administered by the
Department.
NOTICE AND CONTACT.
(a)
All Notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to
the representative identified below at the address set forth below and said
notification attached to the original of this Agreement. "Notices" shall mean
communications regarding the addition of funding or projects, and the
implementation of any action under Paragraph (9) of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 922-5944
Fax: (850) 922-I259
(c)
The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. James von Rinteln, Coordinator
Emergency Management
Collier Count,:'
3301 Tamiami Trail
Naples, Florida 34112
Telephone: (941) 774-8444
Fax: (941) 775-5008
(d)
In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of
the new representative will be rendered as provided in Paragraph (10)(a) above.
(1 I) OTHER PROVISIONS.
(a)
The validity, of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient
in its Application, this Agreement, in any subsequent submission or response to
AOF--NI~A ITEbl '
gAR 2 7 2001
/0
(b)
(c)
(d)
(e)
Department request, or in any submission or response to fulfill the requirements
of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of adcuracy thereof or a ry material changes
shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the
Department from all its obligations to the Recipient.
This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not invalidate an),
other provision of this Agreement.
No waiver by the Department of any fight or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend or act as a
waiver of any other right or remedy of the Department hereunder, or affect the
subsequent exercise of the same fight or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the
terms and life of this Agreement as a whole.
The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
A person or affiliate who has been placed on the convicted vendor list followLng a
conviction for a public entity crime or on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entits', 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 contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of
36 months from the date of being placed on the convicted vendor or
discriminatory vendor list.
With respect to any Recipient which is not a local government or state agency,
and which receives funds under this agreement from the federal government, the
Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
AGENDA
No. //z;, ~
I AR 2 7 2001
/I
(12)
Have not, within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fi>aud or a criminal offense in connection with obtaining,
attempting to obt~,in, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embe:r?]ement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any
offenses enumerated in paragraph 11 (g)2. of this certification; and
Have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
AUDIT REQUIREMENTS.
(a)
.(b)
The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
These records shall be available at all reasonable times for inspection, review~ Or
audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday
through Friday.
(c)
The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the
funds awarded under this Agreement.
(d)
l~n the event that the Recipient expends $300,000 or more in Federal awards in its -
fiscal year, the Recipient must have a single or program-specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT
1 to this agreement indicates Federal funds awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year, the
Recipient shall consider all sources of Federal awards, including Federal funds
received from the Department. The determination of amounts of Federal awards
^GENO.~ IT_.E~
No. /~, ,,,~'~' ~
MAR 2 7 2001
expended should be in accordance with the guidelines established by OMB
Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provision§ OMB Circular A-133, as revised, will
meet the requirements of this part.
In connection with the above audit requirements, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an
audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, is not required. In the event that the Recipient expends less than
$300,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds (i.e., the cost of such an audit must
be paid from Recipient funds obtained from other than Federal entities).
The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
Copies of audit reports for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall
be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient direct, ly to each of the following:
(a) The Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
MAR 2 7. 200I
(e)
(f)
State of Florida Auditor General
Atto: Ted J. Sauerbeck
Room 574, Claude Pepper Buildin[
111 West Madison Street
Tallahassee, Florida 32302-1450
(b)
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 l0th 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
Recipient 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 Department at the following program
address:
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this
Agreement, the Recipient shall be held liable for reimbursement to the
Department of all funds not spent i-n accordance with these applicable regulations
and Agreement provisions within thirty (30) days after the Department has
notified the Recipient of such non-compliance.
The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three
years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year
period, the records shall be retained until the litigation or audit findings have been
resolved.
AGENDA IT_~EM
i1 No. /~ /-
HAR 2 7. 2001
1¥
(13)
(14)
(15)
(g)
The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the
audit complied with the applicable provisions noted above.
(h)
The audit is due seven (7) months after the end of the fiscal year of Recipient or
by the date the audit report is issued by the state Auditor General, whichever is
later.
(i)
An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
SUBCONTRACTS.
(a)
If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
(b)
The Recipient agrees to include in the subcontract that the subcontractor shall
hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
(c)
If the Recipient subcontracts, a copy of the executed subcontract must be
forwarded to the Department within five (5) days of execution.
· (d)
Contractual arrangements shall in no way relieve the Recipient of its
responsibilities to ensure that all funds issued pursuant to this grant be
administered in accordance with all state and federal requirements.
TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
ATTACHMi~NTS.
(a) -All attachments to this Agreement are incorporated as if set out fully herein.
(b)
In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency. ·
· AGENDA ITENI
No. /g~, ,,r-:-:'2,
2 ? 2001
(c) This Agreement has the following attachments:
(16)
(]7)
Attachment A
Exhibit(s)
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Budget and' Scope of Work
CATEX
Program Statutes and Regulations
Lobbying Prohibition/Certification
Statement of Assurances
Request for Advance or Reimbursement
Quarterly Report Form
FUNDING/CONSIDERATION.
(a)
This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
quarterly for costs incurred in the satisfactory performance of work hereunder in
an amount not to exceed the amounts listed in Attachment A (Budget and Scope
of Work), subject to the availability of funds.
(b)
(c)
Any advance payment under this Agreement is subject to Section 216.181 (15),
Fla. Stat. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon the funds
being equally disbursed throughout the contract term. For a federally funded
contract, any advance payment is also subject to 44 CFR Part 13, Federal OMB
Circular A-87 and the Cash Management Improvement Act of 1990. If an
advance payment is requested, the budget data on which the request is based and a
justification statement shall be submitted to the Department contract manager
using Attachment E. Recipient shall specif3~ the amount of advance payment
needed and provide an explanation of the necessity for and proposed use of these
funds. All funds shall be deposited in an interest bearing account. Any interest
earned must be promptly, but at least quarterly, remitted to the Department.
All funds shall be requested on forms provided by the Department for that purpose
which accompany this Agreement.
STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a)
The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216 and Section 252.37, Fla. Stat. or the
Florida Constitution.
Co)
If otherwise allowed under th;.s Agreement, extension o'f an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months
3_ 3 A~F..I~bA IIEM
No. /~/, ~ :~
MAR 2 7 2001
Po.
(18)
(19)
and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure
to meet the criteria set forth in the Agreefiaent for completion of the Agreement is
due to events beyond the control of the Recipient.
(c)
All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof.
(d)
If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(e)
The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all
documents, papers, letters or other material subject to the provisions of Chapter
119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
(f)
If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be
applied against the Department's obligation to pay the contract amount.
(g)
The State of Florida will not intentionally award publicly-funded contracts to any
contractor who 'knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Department shall consider the employment by any contractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient
of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirec, tly to influence legislation or any other official
action by the Florida Legislature or any state agency.
Refer to Attachment C for additional terms and provisions relating to lobbying.
LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance
of this A~eement with all covenants and assurances contained herein. The Recipient
AGENDA IT_T_E M
No.
MAR 2 7 2001
Po.
(20)
(21)
(22)
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
SPECIAL CONDITIONS.
Failure of the Recipient to comply with the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate suspension of
payments or the immediate termination of this Agreement.
FUNDING and INSURANCE.
The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as
described in Attachment A (Budget and Scope of Work) for eligible and allowable costs
incurred in performing the project(s) identified in Attachment A. Eligible and allowable
costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 44 Code of Federal Regulations (CFR) Part 206, 44 CFR Part
13, and other applicable HMGP guidance. Administrative costs shall be compensated in
accordance with 44 CFR 206.439(b)(1)(ii).
The Department may make an award of additional funds, and authorize funding for
additional HMGP projects approved by FEMA, by subsequent modification delivered t°
the Recipient's Representative identified in paragraph 10. Should Recipient determin6 it
does not wish to proceed based upon the award of additional funds and additional
projects, then Recipient shall provide notice to the Department contact within thirty (30)
days of receipt of the modification. Otherwise, Recipient shall provide its notice of
acceptance and intent to proceed within forty-five (45) days of receipt of the
modification. The terms of this Agreement shall be considered to have been modified to
include the additional funds and project(s) upon receipt of the notice of acceptance and
intent to proceed.
.The Recipient shall utilize the attached form entitled "Request for Advance or
Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E,
to obtain funds under this Agreement. This form is hereby incorporated inl[o this
Agreement by reference. The final payment of funds will be made only after project
completion, submission of all required documentation, final inspection, and a request for
final reimbursement. Recipient agrees to promptly commence and to expeditiously
complete the scope of work identified herein. All work shall be completed within two
vears of the execution of this Agreement, or prior to such deadline as established by the
3.5
(23)
Federal Emergency Management Agency or the Scope of Work as approved by the
Department, whichever is sooner.
Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to
obtain reasonably available, adequate, and necessary insurance for the type or types of
hazard for which the major disaster was declared, accordance with the requirements of 44
CFR 206, Subpart I. Recipient agrees to obtain and maintain comprehensive liability and
workers compensation insurance, as well as pertinent performance arid bids bonds, for the
construction period of the project.
DUPLICATION OF BENEFITS PROHIBITION.
In accordance with the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Recipient shall noti~ the Department, as soon as practicable,
of the existence of any insurance coverage for the costs identified in the application, and
of any entitlement to or recovery of funds from any other source for the project costs,
including Small Business Administration funding, Minimum Home Repair funds, and
other Federal, State and private funding. Allowable costs shall be reduced by the amount
of duplicate sources available. The Recipient shall be liable to the Department to the
extent that the Recipient or ultimate beneficiary receives duplicate benefits from any
other source for the same purposes for which the Recipient or ultimate beneficiary has
received payment from the Department. The Recipient shall immediately remit to the
Department any duplication of benefits payment received by the Recipient. In the event
the Department determines a duplication of benefits has occurred, Recipient hereby
authorizes the Department or the Comptroller of the State of Florida to take offset action
against any other available funding due the Recipient. The Comptroller is authorized to
pay such offset to the Department upon written notice from the Department. In addition,
Recipient shall ensure, as a condition of funding under this Agreement, that all required
Privacy Act releases and Duplication of Benefit paperwork is completed.
2 7 2001
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY
AFFAIRS:
BY:
Date:
James D. Carter, Ph.D., Chairman
Board of County Commissioners
BY:
Joseph F. Myers, Director
Division of Emergency Management
FEID# 59- 6000558
Federal Employer ID Number
ATTEST: Dwight E. Brock, Clerk
BY:
(Deputy Clerk)
Approved as to Form
and Legal Sufficiency
~,.~avid Weigei
County AttOrney
NAR 2 7 2001
p;.
Attachment A
Budget and Sco: .e of Work
The Recipient shall fully perform the approved hazard mitigation project, as described in
Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the
approved scope of work indicated therein, the estimate of costs indicated therein, the allocation
of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient
shall comply with any and all applicable codes and standards in performing work funded under
this Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter
163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land
uses authorized for, only those uses which are permitted under the comprehensive plan and land
development regulations. The Recipient shall be responsible for ensuring that any development
permit issued and any development activity or land use undertaken is, where applicable, also
authorized by the Water Management District, the Florida Department of Environrnental
Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any
federal, state, or local environmental or land use permitting authority, where required. Recipient
agrees that any repair or construction shall be in accordance with applicable standards of safety,
decency, and Sanitation, and in conformity with applicable codes, specifications and standards.
Recipient will-provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be required by
the assistance awarding agency or state.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure thaf, as a condition of funding under this Agreement, the
owner of the affected real property establishes the following deed covenants and restrictions,
which shall run with and apply to any property, acquired, accepted, or from which a structure will
be removed pursuant to the project:
(a)
the property will be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, or wetlands management practices;
(b) no new structure will be erected on property other than:
(i) a public facility, that is open on all sides and functionally related to a
designated open space;
I AR 2 ? 2001
71
(c)
(d)
(ii) a restroom; or
(iii)
a structure that the Director of the Federal Emergency Management Agency
approves in writing before the commencement of the construction of the
structure;
after the date of the acquisition or relocation no application for disaster assistance for
any purpose will be made to any Federal entity and no disaster assistance will be
provided for the property by any Federal source; and
if any of these covenants and restrictions is violated by the owner or by some third
par/y with the knowledge of the owner, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida without further notice to the owner, its successors and
assigns, and the owner, its successors and assigns shall forfeit all right, title and
interest in and to the property.
t4AR 2 7 2001
.... 22
Attachment A
Budget and Scope of Work
I. The Sub~antee, Collier County, will retrofit the Gulf Coast High School
to meet the American Red Cross Standards as follows:
1. The installation of a shutter system for three entryways and a front and
two court yard entrances with Dade County Approved Product.
The time frame for completing the project will be within twenty-four (24)
months from the date of the fully executed contract.
This is HMGP project 1300-0007 funded under FEMA project 1306-0003.
Funding Summary:
Federal Share:
Total Project Cost:
.$ 9,945.00 (100.00%)
$ 9,945.00
Subgantee Administrative Allowance up to $87.41
AGE~0A ITE~
MAR 2 7.20~1
pg._.. 2 5
FEDERAL EMERGENCY MANAGEMENT AGENCY
Region IV
3003 Chamblee-Tucker Road
Atl~mta, Georgia 30341
April 15, 1997
SUBJECT:
Group Categorical Exclusion for Repairs, Reconstruction, Restoration, Elevation.,~
Basement Floodproofing, Retrofitting and/or Upgrading of Structures
1306-DR-FL
FEMA proposes to partially fund repairs, reconstruction, restoration, elevation, basement
floodproofing, retrofitting and/or upgrading of structures, including homes, buildings, roads,
bridges, culverts, and utility lines and facilities. These actions (projects) may qualify for FEMA
assistance programs to reduce disaster-related losses and damages and threats to public health
and safety.
Actions that qualify for FEMA funding under disaster 1306-FL, fit within the exclusion
categories defined in 44 CFR § 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria
defined bel°w are categorical}y excluded from preparation of an Environmental Assessment Or
an Environmental Impact Statement.
44 CFR § 10.8 (d)(2)(xiv):
"Granting of community-wide exceptions for floodproofed residential basements meeting
the requirements of 44 CFR § 60.6 (c) under the National Flood Insurance Program;"
- 44 CFR § 10.8 (d)(2)(xv):
- "Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current
codes and standards, or replacement of any facility in a manner that substantially
conforms to the preexisting design, function, and location;"
44 CFR § 10.8 (d)(2)(xvi):
"Improvements to existing facilities and the construction of small scale hazard
mitigation measures in existing developed areas with substantially completed
infrastructure, when the immediate project area has already been disturbed, and
when those actions do not alter basic functions, do not exceed the capacity of
other system components, or modify intended land use; provided the operation of
the completed project will not, of itself, have an adverse effect on the quality of
the human environment. ' ..... DA ITEM
AGEJq ~
No. ,
· E×I-IIBIT la I4AR 2 7 2001
Group CATEX #'s 14-16
1306-FL
Page 2 of 3
April 15, 1997
For 1306-FL, the following criteria must also be met to qualify for this exclusion:
1. Documentation that no extraordinary circumstances, as defined in 44 CFR § 10.8 (d)(3), exist
in relation to the action.
2. All required State and/or Federal wetlands, waterways, stormwater, water quality:and other
letters or permits have been obtained or will be obtained before project work starts.
3. The action will not notably change the hydrology or hydraulics upstream or downstream
from the Project siie.
4. No State- or Federally-listed threatened or endangered species are present or use the habitat
' in the project area.
5. The structure must remain substantially within the existing footprint and conform to standard
industry practices for design and construction. '
6. The work must remain within the previous horizontal and vertical limits of disturbance.
7. No known cultural resources are present and there is a low probabiiity of unknown cultural
resources.
8. If the structure is listed or eligible to be listed on the National Register of Historic Places, the
applicant must consult with the State Historic Preservation Officer before initiating work.
Hazardous or toxic materials, if present, are at levels within the regulatory limits not
triggering action by Federal, State or'local laws or_r.¢.._g~_lations. '(Household hazardous waste
meeting the definition set forth at 40 CFR is to be handled in a manner which meets all the
Federal, State-and local laws and regulations.)
10. The presence of any condition or any material on site, that is regulated, is to be managed,
handled and disposed of in accordance with Federal, State and local laws and regulations
(e.g., underground tanks, asbestos, septic tanks).
For each action proposed under this Group Categorical Exclusion (CATEX), send either extracts
of or (he ~ntire project file to the FEMA Region IV Regional Environmental Officer (REO). The
materials that are sent should include the project location, nature and method of work, and
certification (letters, permits, etc.) that each of the above criteria have been met. Upon review
and approval, the REO will append this Group CATEX and the action will be deemed to have
fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise
eligible.
EXHIBIT lb NAR 2 7 2001
Group CATEX #'s 14-16
1306-FL
Page 3 of 3
April 15, 1997
Group CAI'EX Approved:
Regional Environmental Officer
Date
Brett Bowen
Prepared By
Date: 8123100
This Group Categorical Exclusion applies to HMGP #1306-0002; Florida DCA; Florida
Hurricane Evacuation Shelter Retrofit Proiect (THIS CATEX IS ONLY VALID FOR
STRUCTURF~ LESS THAN 49 YEARS OLD)
i Nflham R G3~aw '
Onal Environmental Officer
FILE RETURNED TO L.FRANK 8123100
EXHIBIT lc
~^R ~ 7 2ool I
Attachment B
Program Statutes and Ri~gulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1)
(2)
(3)
(4)
(5)
The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
Hazard Mitigation Long-term Recovery Guidance; and
All applicable laws and regulations delineated in Attachment D of this Agreement
AI~"I~ IT M
NAR 2 1 2001
2 7 ....
Attachment C
Federal Lobbying Prohibitions
The Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief.
(a) No Federal appropriated funds have been paid of will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer of
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
(b) 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.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representative 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 lhis transaction imposed by Section 1352, Title 31, U.S.
Code: Any person who fails to file this 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.
RECIPIENT
BY:
Signature
James D. Carter, Ph.D., Chairman
C-1
' ' ' ^(~Nb" iTEM 'l
No. /~
2,
Attachment D
Statement of Assurhn'ces
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the Recipient hereby assures and certifies that:
(a)
(b)
(c)
(d)
It possesses legal authority to enter into this agreement, and to e~efiute the proposed
program;
(e)
Its governing body has duly adopted or passed as an official act a resolution, motion or
similar action authorizing the execution of the hazard mitigation grant agreement with the
Department, including all understandings and assurances contained therein, and directing
and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information as may be
required;
No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any benefit
to arise from the same. No member, officer, or employee of the Recipient or its
designees or agents, no member of the governing body of the locality in which the
program is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure
or for one year thereafter, shall have any interest direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest
pursuant to the purpose state above;
All Recipient contracts for which the State Legislature is in any part a funding source,
shall contain language to provide for termination with reasonable costs to be paid by the
Recipient for eligible contract work completed prior to the date the notice of suspension
of funding was received by the Recipient. Any cost incurred after a notice of suspension
or termination is received by the Recipient may not be funded with funds provided under
this Agreement unless previously approved in writing by the Department. All Recipient '
contracts shall contain provisions for termination for cause or convenience and shall
provide, for the method of payment in such event;
It will comply with:
(1)
Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed
on federally assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a
13- ~. AGENOA ffE~
No. //,, ,~-~:~
t4AR 2 7 2001
(f)
(g)
work week; and
(2)
Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that
covered employees be paid at least the minimum prescribed wage, and also that
they be paid one and one-half times their basic wage rates for all hours worked in
excess of the prescribed work-week.
It will comply with:
(1)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the
grounds of race, color, or national_ origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance
and will immediately take any measures necessary to effectuate this assurance. If
any real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the Recipient, this assurance shall
obligate the Recipient, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2)
Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified
· handicapped individuals as provided in Section 504 of the Rehabilitation Act of
1973;
(3)
Executive Order 11246 as amended by Executive Orders 11375 and 12086, and
the regulations issued pursuant thereto, which provide that no person shall be
discriminated against on.the basis of race, color, religion, sex or national origin in -
all phases of employment during the performance of federal or federally assisted
construction contracts; affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of pay or other forms of compensation; and election for
'[raining and apprenticeship;
The Recipient agrees to comply with the Americans With Disabilities Act (pUblic aw
101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and local government
services, and in telecommunications;
D-2
AGE~D,~, ITEM
No.
/ ~'~
NAR 2 7 2001
p.,_ 30
(h)
(i)
O)
(k)
(1)
(m)
It will establish safeguards to prohibit employees from using positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves
or others, particular' v those with whom they have family, business, or other ties pursuant
to Section 112.313 ~:d Section 112.3135, FS;
It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws
and prescribes penalties for "kickbacks" of wages in federally financed or assisted
construction activities;
It will comply with the provisions of 18 USC 594, 598,600-605 (further known as the
Hatch Act) which limits the political activities of employees;
It will comply with the flood insurance purchase and other requirements of the Flood
Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements
regarding the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for construction
or acquisition purposes for use in any area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant, guaranty., insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance;
It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Agreement to
comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A
to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part
40 for residential structures. The Recipient will be responsible for conducting inspections
to ensure compliance with these specifications by the contractor;
It will, in connection with its performance of environmental assessments under the
National Environmental Policy Act_of 1969, comply with Section 106 of the National
Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part
800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C.
469a-1, et seq.) by:
(1)
Consulting with the State Historic Preservation Office to identify
properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to adverse effects (see 36 CFR Section
800.8) by the proposed activity; and
(2)
Complying with all requirements established by the State to avoid or
mitigate adverse effects upon such properties.
D-3
AGENDA ITEM
WAR 2 7 2001
(3)
(4)
(5)'
Abiding by the terms and conditions of the "Programmatic Agreement
Among the Federal Emergency Management Agency, the Florida
State Historic Preservation Office, the Florida Department of
Community Affairs and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic
Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations
in 36 CFR part 800.
When any of Recipient's projects funded under this Agreement may affect
a historic property, as defined in 36 CFR 800. (2)(e), the Federal
Emergency Management Agency (FEMA) may require Recipient to
review the eligible scope of work in consultation with the State Historic
Preservation Office (SHPO) and suggest methods of repair or construction
that will conform with the recommended approaches set out in the
Secretar3' of Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings 1992 (Standards), the Secretary
of the Interior's Guidelines for Archeological Documentation
(Guidelines) (48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties,
to abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and
the salvage, storage, and reuse of any significant architectural features that
may otherwise be demolished.
Recipient agrees to notify FEMA and the Department if any project funded
under this Agreement will involve ground disturbing activities, including,
but not limited to: subsurface disturbance; removal of trees; excavation'
for footings and foundations; and installation of utilities (such as water,
sewer, storm drains, electrical, gas, leach lines and septic tanks) except
where these activities are restricted solely to areas previously disturbed by
the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties
may be present and be affected by such activities. The SHPO will advise
Recipient on any feasible steps to be accomplished to avoid any National
Register eligible archeological property or will make recommendations for
the development of a treatment plan for the recovery of archeological data
from the property.
AGENDA IT.EM.
F4AR 2 7 2001
po., 3,2-
If Recipient is unable to avoid the archeological property, develop, in
consultation with the SHPO, a treatment plan consistent with the
Guidelines and take into accour ~. the Advisory Council on Historic
Preservation (Council) publication "Treatment of Archeological
Properties". Recipient shall forward information regarding the treatment
plan to FEMA, the SHPO and the Council for review. If the SHPO and
the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment
plan. If either the Council or the SHPO object, Recipient shall not proceed
with the project until the objection is resolved.
(6)
Recipient shall notify the Department and FEMA as soon as practicable:
(a) of any changes in the approved scope of work for a National Register
eligible or listed property; (b) of all changes to a project that may result in
a supplemental DSR or modify an HMGP project for a National Register
eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic
property in an unanticipated manner. Recipient acknowledges that FEMA
may require Recipient to stop construction in the vicinity of the discovery
of a previously unidentified properts' that may be eligible for inclusion in
the National Register or upon learning that construction may affect a
known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable
measures to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that
FEMA will require, and Recipient shall comply with, modifications to. the
project scope of work necessary to implement recommendations to address
the project and the proPerty.
(7)
Recipient acknowledges that, unless FEMA specifically stipulates
otherwise, it shal'l not receive funding for projects when, with intent to
avoid the requirements of the PA or the NHPA, Recipient intentionally
and significantly adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse affect to occur.
(n)
It will comply with Title IX of the Education Amendments of 1972, as amended'(20
U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(o)
It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
D-5
No. /& ~.~
MAR 2 7 2001
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records;
It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.)
which prohibits the use of lead based paint in construction of rehabilitation or residential
structures;
It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C.
6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant
thereto;
It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by an award of assistance under this
agreement;
It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42
3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of
housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of race, color or nation origin;
It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
It will'comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
It will assist the awarding agency iff 'assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
D-6
NAR 2 7 2001
(cc)
(dd)
(ee)
(fO
(gg)
(ii)
It will comply with the environmental standards which may be prescribed Pursuant to the
Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of
underground water sources;
It will comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Property' Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which
provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs;
It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287,
related to protecting components or potential components of the national wild and scenic
rivers system;
It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and
EO 12898 (Environmental Justice);
It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
It will assure project consistency with the approved State program developed under the
Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
With respect to demolition activities, it will:
Create and make available documentation sufficient to demonstrate that the
Recipient and its demolition contractor have sufficient manpower and equipment
to comply with the obligations as outlined in this Agreement.
Return the property to its natural state as though no improvements had ever been
contained thereon.
Furnish documentation of all qualified personnel, licenses and all equipment
necessary to inspect buildings loc/ted in Recipient's jurisdiction to detect the
presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
ao.
Safety Hazards Present
Health Hazards Present
Hazardous Materials Present
D-7
A~NDA ITEM__
No.
WAR 2 7 2001
35
10.
11.
Provide supervision over contractors or employees employed by Recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
Leave the demolished site clem,, level and free of debris.
Notify the Department promptly of any unusual existing condition which hampers
the contractors work.
Obtain all required permits.
Provide addresses and marked maps for each site where water wells and septic
tanks are to be closed along with the number of wells and septic tanks located on
each site. Provide documentation-of closures.
Comply with mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163).
Comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the
Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S.
Environmental Protection Agency regulations (40 CFR Part 15 and 61). This
clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
D-$
' AOENI~A ITEM
No. /~ ~'_~
MAR 2 7' 2001
Attachment E.
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DMSION OF EMERGENCY MANAGEMENT
Request 'for Advance or Reimbursement of
Hazard Mitigation Grant Program Funds
SUBGRANTEE NAME: Collier County
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No:
HMGP Tracking Number: 1300-0007
DECLARATION NO: FEMA- 1306-DR-FL
DCA Agreement No: 01HM-6L-09-21-15-007
Eligible Amount Obligated Previous Current DCA Use Only
100% FEMA Payments Request
100% Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the' hbove accounts are correct, and that all disbursements were made in accordance with
all conditions of the DCA agreement and payment is due and has not been previously requested for these mounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT $
GOVERNOR'S AUTHORIZED REPRESENTATIVE
DATE
N AGE~.A I..~
O. .//.~ /" ~
NAR 2 7 2001
37 , .
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant Collier County
Disaster No. 1306
DCA Agreement No. 01HM-6L-09-21-15-007 HMGP Tracking # 1300-0007
Applicant's Reference NoDate of delivery of DOCUMENTATION Applicant's
{Warrant, Voucher, Claimarticles, completion of List Documentation (Applicant's payroll, material out of applicant's stock. Eligible Co,ts
Check, or Schedule No.) work or performance applicant owned equipment and name of vendor or contractor) by category, and line 100%
services, item in the approved project application and give a brief description of the articles
TOTAL
E-2
MAR 2 7 2001
,,
SUBGRANTEE: Collier County
PROJECT LOCATION: Retrofit
DISASTER NUMBER: FEMA-DR-1306-FL
Attachment F
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
Project Number #: 1300-0007
DCA ID #: 01HM-6L-09-21-15-007
QUARTER ENDII~G:
Percentage of Work Completed (may be confirmed by state inspectors):
Project Proceeding on Schedule: [ ] Yes [ ] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestoneS, scope of work, and cost:
Cost Status: [ ] Cost Unchanged
Additional Comments/Elaboration:
[ ] Under Budget
[ ] Over Budget
NOTE: Department of Community Affairs (DCA) staffmay perform interim inspections and/or audits at any time. Events may
occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns; changes in scope
of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-compliant with
your subgrant award.
Name and Phone Number of Person Completing This Form
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of March 27, 2001
Lely Golf Estates Beautification (Fund 152)
Budget Amendment #01-205
Operating Expenses
Other Contractual Services
$17,087
Reserves
Reserve for Contingencies (10,800)
Carryforward of unspent FY00 funds previously approved for this project
(6,287)
Total:
-0-
Explanation: Funds are needed to pay for costs of maintenance within the Lely Beautification Project.
Wastewater lmpact Fees (Fund 413)
Budget Amendment #01-213
Capital
Improvements - General $11330
Reserves
Reserves for Capital Outlay (11,330)
Total:
-0-
Explanation: Funds are needed to pay for Change Order #4 to the Pine Ridge Road widening project for additional
reclaimed water pipe constructions needed to resolve conflicts around existing water, sewer, and gas mains.
Museum (Fund 198)
Budget Amendment #01-226
Operating Expenses
Postage, Freight, UPS $4,000
Reserves
Reserve for Contingencies (4,000)
Total:
-0-
Explanation: Funds are needed to pay for shipping charges for delivery of Sherman Tank.
Gas Tax (Fund 313)
Budget Amendment #01-229
Capital
Improvements - General $17,651
Reserves
Reserve for Contingencies (17,651)
Total:
-0-
Explanation: Funds are needed for final change order to balance quantities and close out Airport Ro
project.
AGENDA ITEM
,d Bria~._ /6,
IlAR 2 ? 2001
pg.
FOR BOARD ACTION:
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 27, 2001
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
1) Collier County Mosquito Control District - Annual Financial Report for FYE
1999-2000 and Audit & Management Letter FYE 9/30/00
2) Cow Slough Water Control District - Annual Financial Report for FYE 1999-
2000 and Audit & Management Letter FYE 9/30/00
3)
Heritage Greens Community Development District - Annual Financial Report
for FYE 1999-2000 and Audit & Management Letter FYE 9/30/00, Minutes
of October 9, 2000 meeting and Financial Statement - unaudited - August
31,2000
4)
Naples Heritage Community Development District - Annual Financial Report
for FYE 1999-2000, Audit & Management Letter FYE 9/30/00. Schedule of
Regular Meetings FY 2000-2001 and Minutes of October 9. 2000 meeting
5)
Mediterra South Community Development District - Minutes for the
November 30, 2000 and January 24, 2001 meetings and Financial Statements
Unaudited- 10/31/00 and 12/31/00
6)
Cedar Hammock Community Development District - Minutes for the
October 9, 2000 meeting, Financial Statements Unaudited - 7/31/00 and
Schedule of Regular Meetings FY 2000-2001
7)
Fiddler's Creek Community Development District- Minutes for the October
25, November 7 and December 6, 2000 meetings and Financial Statements
Unaudited - 10-31-00 and December 31,2000, Minutes for January 24. 2001
meeting
8)
Big Cypress Basin Board of the South Florida Water Management District -
Agenda of February 28, 2001 meeting
9) North Naples Fire Control & Rescue District - Schedule of Regular Meetings,
Registered Agent and Registered Office. District Map and FaciliD' Record
B. Minutes:
1)
H:Data/Format
Collier County Metropolitan Planning Organization - Agenda for January 26,
2001
...... ,~,~..NDA ITEM I
uo. f r__a.T !
MAR 2 7 2001
/
2) Select Committee on Community Character and Design - Notice of January
30 & 31,2001 meetings
3) Hispanic Affairs Advisor~ Board - Agenda for February 22, 2001 meeting
4) Rural Fringe Assessment Area Oversight Committee - Notice of January 31
and February 14, 2001 meeting, and Agenda for January 31 and February 14,
2001 meetings and Minutes of January 17, 2001 meeting
5) Collier County Airport Authority - Agenda for February 12, 2001 meeting
and Minutes of December 11,2000 meeting
6)
7)
Isle of Capri Fire/Rescue Advisory Board - Agenda for February 1, 2001
meeting
Pelican Bay MSTBU Advisory Committee - Agenda for February 7, 2001.
Minutes of January 3, 2001 meeting
8)
Rural Lands Assessment Area Oversight committee - Agenda for February
26, 2001 meeting and Notice of February 26, 2001 meeting and Minutes of
January' 22, 2001 meeting
9) Emergency Medical Services Advisory Council - Agenda for February' 28,
2001 meeting and Minutes of January 31,2001 meeting
10) Collier County Metropolitan Planning Organization - Notice of February 23,
2001 meeting
Other:
1) Collier County Fire Control & Rescue Districts - Summary of Plan Review
Activity for December 2000 and the Average number of Days in Fire Plan
Review.
H :Data/Fo. rmat
MAR 2 7 2001
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUN~I / COMMISSIONERS
APPROVE PAYMENT OF MEDICAL COSTS ASSOCIATED WITH KEVIN
SAUNDERS FROM GENERAL FUND RESERVES.
OBJECTIVE: To request Board approval for payment of medical costs associated with
Kevin Saunders.
CONSIDERATION:
On June 30, 2000, Kevin Saunders was injured during arrest by Naples Police
Department. Mr. Saunders was transported to Naples Community Hospital for medical
treatment. Charges totaling $164,099.81 were incurred (see attached schedule for
specific provider information).
Florida Statute {}901.35 requires payment from the General Fund of the County.
Pursuant to discussions among the County Manager's Office, the County Attorney's
Office, the Clerk of Courts and the Sheriff's Office, the Sheriff's Office will facilitate
claims payment and negotiate applicable provider discounts as available.
FISCAL IMPACT: A budget amendment is needed to transfer $164,100.00 from
General Fund Reserves of the County to the Sheriff's Office Corrections fund for
payment of these expenses.
GROWTH IMPACT: None
RECOMMENDATION: That the .Board of County Commissioners approve payment of
medical bills and the associated budget amendment to provide for payment.
DATE: March 14, 2001
AGENDA ITEM
No. ~Y', {
~I,~R ~ ~ ~001
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EXECUTIVE SUMMARY
APPROVE THE SETTLEMENT AGREEMENT PROVIDING PAYMENT BY
THE DEFENDANTS TO COLLIER COUNTY IN A SPECIAL ASSESSMENT
LIEN FORECLOSURE ACTION ENTITLED COLLIER COUNTY v.
CHRISTIN,4 D,4 VENPORT, et al., Case No. 96-2319-C/1.
OBJECTIVE: That the Board of County Commissioners approve the Settlement Agreement which
prOvides for the payment of a special assessment, plus interest, by the Defendant property owners in a'
special assessment lien foreclosure action entitled Collier County v. Christina Davenport, et al., Case
No. 96-2319-CA.
CONSIDERATIONS: The special assessments were imposed pursuant to Resolution No. 83-54,
which created the Auto Ranch Road Paving Assessment District and assessed all abutting properties
along Auto Ranch Road for paving improvements constructed by the County. Special assessments
were imposed in 1983 against all abutting properties which were specially benefited by the paving
improvements performed by the County. The principal amount of the assessments imposed against
those properties owned by the Addisons and Elmer Jeffers was $4,167.23. Pursuant to the Resolution
these assessments were to bear interest at an annual rate of eight percent (8%) over a seven year
period.
The Defendants, Addison, failed to make any annual payments toward the special assessment.
Defendant Jeffers made one payment in the amount of $129.68 in October of 1983, but failed to make
any additional payments toward the special assessment. Consequently the Defendants defaulted on
these obligations in 1984. The County was entitled to declare the remaining balance on each special
assessment as due and payable as of the time of default. The County, however, did not file suit to
foreclose until 1996.
On June 19, 1996, Collier County filed'a Complaint seeking to foreclose certain special assessment
liens imposed against property owned by Defendants, Elmer E. Jeffers and Bruce and Emma Addison.
The Defendant property owners answered the Compla!nt on June 27, 1997, raising a number of
equitable defenses against the foreclosure.
The parties have agreed to various terms set forth in the Settlement Agreement attached hereto as
"Exhibit A", which include payment by Elmer Jeffers of the sum of Five Thousand Dollars
($5,000.00) and by Bruce and Emma Addison for the sum of Five Thousand Two Hundred Dollars
($5,200.00) to the County. Pursuant to the terms of the Settlement Agreement, these payments are to
be made within thirty (30) days of the Board's approval of said Agreement. Upon receipt of payment,
'the County will file a Notice of Voluntary Dismissal With Prejudice as to the foreclosure action.
The payoff for the special assessment on the Addison property as of December, 2000, was
$10,022.16, which amounts to interest in the total sum of $5,854.93. The payoff for the special
assessment on the Jeffers property as of December, 2000, is $9,892.48, which amounts to interest in
the total sum of $5,675.25. The settlement amounts, therefore, reflect a compromise in the interest
AGENpA JTEM.
MAR 2 7 2001
which accrued on the principal assessment over the past 17 years in the approximate mount of $4,800
per property owner.
Notwithstanding the compromise of interest described above, it is staff's recommendation that the
Board approve the proposed Settlement Agreement attached hereto. In making this recommendation,
staffhas considered the risks associated with the continuation of litigation and its ultimate culmination
in trial. As part of this analysis, staff has considered the costs to be incurred by the County through
continued litigation, potential recovery (which includes the amount of recovery and the potential
outcomes upon forced sale) and the relative strengths and weaknesses of each party's claims and
prospects of success at trial.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Payment to the County in the amount of $10,200, to be deposited in the
appropriate account.
RECOMMENDATION: That the Board of County Commissioners:
Approve the terms set forth in the Settlement Agreement, which would provide for the
waiver of a portion of accrued interest by the County; and
2. Authorize its Chairman to execute the original Settlement Agreement; and
Direct staff to prepare and file a Notice of Voluntary Dismissal with Prejudice upon
receipt by the County of the sums set forth in the Settlement Agreement.
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
Ellen T. Chadwell
Assistant County Attomey
Jolm A. Yonkosky, Director ../
Utility Billing and Customer S~rvice
David C. Weige~ - ,~)
County Attorney
Date:
Date:
Date:
H:Ellen/Executive Sunmaary-Davenport
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AGENDA ITEM
NO. ~_~
MAR 2 7 2001
Pg._ ,-~
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into and made on this ~ day of
February, 2001, by and between Collier County (the "County") and Elmer E. Jeffers, Bruce C.
Addison, and Emma Addison ("Property Owners"), with respect to Circuit Court Case No. 96-
2319-CA-01-TB, originally filed in the Circuit Court of Collier County.
WITNESSETH:
WHEREAS, the County filed an action against the Property Owners in the Circuit
Court of Collier County, Case No. 96-2319-CA-01-TB to foreclose a road paving special
assessment lien imposed against the property owned by the Property Owners and more
particularly described in Exhibit "B" to the Complaint; and
WHEREAS, the special assessment was imposed pursuant to Resolution No. 83-54
against real property within the Auto Ranch Road Paving Assessment District which property
was specially benefited by the paving improvements to Auto Ranch Road; and
WHEREAS, the special assessment was imposed in 1983 and provided for the
payment of said assessment in seven (7) annual installments at an annual interest rate of 8% until
paid; and
WHEREAS, the principal amount for the special assessment for each of the Property
Owners' was $4,167.23; and
WHEREAS, the County and the Property Owners recogrdze the cost and .risk involved
in continued litigation of this matter; and
iAGEND~
NO.
MAR 2 7 2001
Pg. ~
WHEREAS, the County and the Property Owners desire to comprOmise those claims
set forth in the Complaint and all defenses filed in this lawsuit and to settle this lawsuit for all
time; and
WHEREAS, the County and the Property Owners desire to reduce their settlement to
writing and to be bound by the terms of this Agreement; and
WHEREAS, the Property Owners have been represented by John W. Emerson, Esq.
since the initiation of this lawsuit.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by
the parties, and with the intent to be legally bound hereby, the County and the Property Owners
mutually agree as follows:
1. The parties agree that the foregoing recitals are true and correct and said recitals
are incorporated by reference into the terms of this Agreement.
2. Elmer E. Jeffers shall pay the sum of FIVE THOUSAND DOLLARS AND
00/100 ($5,000.00) to the County within thirty (30) days of the execution of this Agreement by
the Board of County Commissioners.
3. Bruce and Emma Addison shall pay the mount of FIVE THOUSAND TWO
HUNDRED DOLLARS AND 00/100 ($5,200.00) to the County within thirty (30) days of the
execution of this Agreement by the Board of County Commissioners.
4. The County will file a Notice of Voluntary Dismissal With Prejudice as to each
party upon receipt of payment from that party as set forth in Paragraphs 2 and 3 above. The
parties agree that the failure of one of the Property Owners to pay shall not affect the County's
dismissal of this suit as to any other parties who have paid in full.
2
AGENDA ITEM
NO. ~,7_~.'~
MAR 2 7 2001
5. The Property Owners represent and warrant to the County that they own the
property more particularly described in Exhibit "B" to the Complaint as of the time of the
execution of this Settlement Agreement.
6. This Agreement has been entered into fi'eely and voluntarily by the Property
Owners after having been apprised of all relevant information concerning this Agreement and the
consequences thereof and after having received advice from their counsel, John W. Emerson. In
executing this Agreement, the Property Owners do not rely on any inducements, promises,
representations, other than those expressed in this Agreement.
'' ' 7. The Property Owners expressly acknowledge and agree that the terms of this
Agreement are subject to the approval of the Board of County Commissioners at a duly noticed
public meeting of the Board and that the terms hereof shall not be binding on any party until
formally accepted and approved by the Board of County Commissioners.
8. The Parties hereto agree that this Agreement supercedes and replaces all prior
agreements and understanding and that it constitutes the entire agreement between the Property
Owners and the County and that there exists no other agreements, oral or written, between them
relating to any of the matters covered by this Agreement or any other matter whatsoever.
9. This Agreement may b~ executed in any number of counterparts, each of which
shall be deemed to be an original but all of which together shall constitute one and the same
instrument.
10. In the event that any of the parties shall fail to make payment pursuant .to the
terms of this Agreement, said failure shall constitute a full and complete breach of this
Agreement and the parties agree that upon said breach, the County may proceed with its
foreclosure action against the breaching party.
11. This Agreement may be amended only~ by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agr~ emCttPt~. NlrA IIEM
3 MAR 2 ? 2001
12. This Agreement shall be governed by the laws of the State of Florida.
13. The Property Owners and the County agree that each of them shall bear their own
attomey's fees and costs incurred in the preparation, prosecution or defense of this lawsuit.
IN WITNESS WHEREOF, the Property Owners and the County have executed
this Agreement which consists of five pages, on the day and year first above written.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: -
James D. Carter, Ph.D., Chairman
Elmer E. Jeffers, Prope~w~ ~/
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taAR 2 7 2001
W1TNES SES:
Signature
Pnnte~yped Name
~inte~d Address
~nte~yped Name
Pfinte~yped Address
WITNESSES:
,;
Signature
.'.
~nte~yped Name
Bruce C. Addison, Proper[), Owner
Emma Addison, Property C~wner
PriL~'~d Addrcss
Pnnted/Typed Name
Approved as to form and
legal sufficiency:
,
~llen T Chadwell
~Assista~t ~ount3 Attorney
,,
h: LitkEnzDomLDavenportLSet tie Agree
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NO.
~AR 2 7
Pg. ~
EXECUTIVE SUMMARY
AMENDING ORDINANCE NO. 2001-03, THE COLLIER COUNTY COASTAL
ADVISORY COMMITTEE; BY AMENDING S~:~.CTION THREE,
APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE
AND FILLING OF VACANCIES.
Obiective: To amend Section Three of Collier County Ordinance No. 2001-03, the
Collier County Coastal Advisory Committee.
Considerations: The Collier County Coastal Advisory Committee, whose membership
is composed of nine (9) members (three (3) from Collier County, three (3) from the City
of Naples, and three (3) from the City of Marco Island) was established on February 13,
2001, by the adoption of Collier County Ordinance No. 2001-03. On February 27, 2001,
the City of Naples proposed changes to Section Three of Ordinance No. 2001-03. On
February 27, 2001, the Board of County Commissioners considered and approved the
requested changes. The accompanying ordinance reflects the approved changes to
Collier County Ordinance No. 2001-03.
Fiscal Impact: There are no fiscal impacts directly related to this amendment.
Growth Management Impact: There is no impact to the Growth Management Plan
related to this action.
Recommendation: That the Board of County Commissioners adopt the attached
Ordinance that amends Section Three of Collier County Ordinance No. 2001-03.
SUBMITTED BY:' ~~.~ /~~~~~
~"~miro Mafialicli
Chief Assistant County Attorney
REVIEWED AND
APPROVED BY:
I~vid C. Wei~el
County Attorney.
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ORDINANCE NO. 2001- ~
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 2001-03, THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE; AMENDING
SECTION THREE, APPOINTMENT AND COMPOSITION,
TERMS OF OFFICE, ATTENDANCE AND FILLING OF
VACANCIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on February 13, 2001, Collier County adopted Ordinance No. 2001-03
16 creating the Collier County Coastal Advisory Committee; and
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WHEREAS, the City of Naples ha_s requested a revision to the language in Section
18 Three, which has been approved by the Board of County Commissioners.
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE: Amendment to Section Three of Collier County Ordinance
No. 2001-03.
Section Three of Collier County Ordinance No 2001-03 is hereby amended to read
as follows:
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SECTION THREE: Appointment and Composition~ Terms of Office; Attendance
And Filling Vacancies.
The Committee shall be composed of nine (9) members whose representation
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shall consist of three (3) members from the unincorporated area of COllier County,
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three (3) members from the City of Naples and three (3) members from the City of
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Marco Island. Candidates for the Committee shall be sough.t in accordance with the
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provisions of Collier County Ordinance 86-41, as amended, or by its successor
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ordinance, except that the appointments of members from the City of Naples and the
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City of Marco Island shall be appointed from a list containing one or more qua.lifted
applicants submitted by the respective ~;overning bodies of those Cities.
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the governh~,-bodies of~he-C4ty of-Naples aad-the-C-ity of Marco Island may
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endorse aad-~subraiHhemames-of4mtividuals-with~,esumes4or-eonsideration- ,Upon
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confirmation that said individuals meet the technical requirements and the general
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advisory board requirements specified below, the Board of County Comm
shall appoint said individuals to this Committee
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Words Underlined arc added; Words 8tmck Through are deleled
MAR 2 7 2001
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The initial terms of office of the Committee shall be as follows:
Three (3) members shall be for a term of two (2) years;
Three (3) members shall be for a term of three (3) years;
Three (3) members shall be for a term of four (4) years.
Thereafter, each appointment or reappointment shall be for a term of four (4) years.
Terms shall be staggered between the City of Naples, the City of Marco Island and
Collier County.
Membership of this Committee shall be assembled based upon familiarity with
coastal processes, inlet dynamics, coastal management programs, or demonstrated
interest in such programs; relevant
involvement in community affairs;
undertake and complete assignments.
education and experience; leadership and
and willingness to attend meetings and to
Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. However prior to removing a City member,
except for cause the Board of County Commissioners shall noti _fy the governing
body of the affected City. Members shall meet the qualifications for membership
and requirements as outlined in Section Five of Ordinance No. 86-41, as amended,
or by its successor ordinance.
Appointment of members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of appointment and
the term of office. Appointments to fill any vficancies on the Committee shall be for
the remainder of the unexpired term of office.
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
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
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Words Und erlin ed are added;. Words glmek-~howgh are deleted
2 7 2001
I SECTION EIGHT: Inclusion in the Code of Laws and Ordinances.
2 The provisions of this Ordinance shall become and be made a part of the Code of
3 Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
4 renumbered or relettered to accomplish such, and the word "ordinance" may be changed
5 to "section," "article," or any other appropriate word.
6 SECTION NINE: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of
8 State that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
10 Collier County, Florida this __
day of March, 2001.
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ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
JAMES D. CARTER, Ph.D., Chairman
Approved as to form
and legal sufficiency:
Chief Assistant County Attorney
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Words Underlined are added; Words $4r, mk T!am~gh arc deleted
AO_.~.NDA ITJEM
NO. ~ "~ /'-r
MAR 2 ? 2001
NOV. 13. 2000 I:03AM CHEFFY AND PASSIDOMO NO. 2681 P. 3/3
IN WTTNESS WHEREOF, the Grantor has he.unto set his or her hand and seal t~¢ day and year first &bove
written.
Signed, sealed and delive~J
(P.rintcd name of Witncss)
ITNES 2
(Printcd name of Wimess)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged bcfore me tiffs ? )P' day of luly, 2000 by Patricia Stevens
as president of NAZDAR~ II, lC., · Florida corporation, who is.~'~onally known to me or who h~s
produced ~s identification.
My Commission Expires: ~~, ~
NOLARY PUBLIC
(S£~L)
.N~lLib1:427e92.1 07/2~/00
Warranty Deed
Page 2 of 2
AGENDA ITEM
NO.
MAR 2 7 2001
DAVID PLUMMER & ASSOCIATES
TilANSPOiJTATION · CNN. ,J STRUC]'L,IILA4. "' E~NTAJ.
OCT 1 3 2000
1531 HENDRY STREET
FORT MYERS, FL 33901
941 332-2617 FAX: 941 332-2645
E-mail: dpafm~pegane.net
October 11, 2000
Mr. Charles Thomas
.amman Development Corporation
365 5* Avenue S., Suite 201
Naples, FL 34102
RE: Sandpiper Property, 1100596
Dear Charlie,
We have concluded our trip generation comparison for the above-referenced Project. The trip
generation was estimated for the approved Project and compared to the trip generation associated
with the proposed Project. The proposed Project is forecasted to generate significantly fewer peak
hour and daily trips than the approved Project. The results of our trip generation comparison are
presented in the following.
The development parameters associated with the approved Project and the proposed Project are
summarized in Exhibit 1. The multifamily residential units for the proposed Project include 60
apartment units and 120 condominium units. The retail is reduced from 120,000 square feet to
45,000 square feet.
The total trips associated with the approved and proposed Projects are summarized in Exhibit 2. As
shown in Exhibit 2, the proposed Project is estimated to generate 232 fewer peak hour trips and
2,512 fewer daily trips than the approved Project. This is a 32% reduction in total trip generation.
The net new external trips are compared in Exhibit 3. The net new external trips are those trips after
deducting internal trips and retail pass-by trips. As shown in Exhibit 3, the proposed Project is
estimated to generate 160 fewer peak hour and 1,968 fewer daily net new external trips. This is a
35 to 36% reduction in traffic volumes.
Please review the above trip generation comparisons and advise us as to whether the development
parameters and trip generation comparisons are satisfactory.
detailed traffic impact statement.
;T t.4v[l~S · CORAL GABLES
If satisfactory, we will initiate our
AGENDA ITEM
NO. ~
178
MAR 2, 7 2001
.o.
MJG:s
If you should have any questions concerning the above, please do not hesitate to contact these
offices.
~y o'
00596:Thomas_i 01 I.wpd
cc: George Vamadoe
AGENDA ITEM
No.
/7/_3
'MAR g 7 2001
EXHIBIT 1
SANDPIPER PROPERTY
SUMMARY DEVELOPMENT PARAMETERS
Approved Project:
Multi family
Retail
Proposed Project:
Multi family
Apartments
Condominiums
Retail
Size
22 d.u.
120,000 sq. ft.
60 d.u.
120 d.u.
180 d.u.
45,000 sq. ft.
AGENDA ITEM
No.
/'?
MAR g 7 2001
EXHIBIT 2
SANDPIPER PROPERTY
TRIP GENERATION SUMMARY - TOTAL TRIPS (~)
PM Peak Hour
Approved Project:
Multi family
Retail
Total
Size l__n Out Total
Proposed Project:
Multi family-
Apartments
Multifamily-
Condominiums
Retail
24
Hour
Total
Difference:
Proposed - Approved
22 d.u. 12 6 18 180
120,000 sq. ~. 340 368 708 7,665
352 374 726 7,845
60 d.u. 34 17 51 494
120 d.u. 48 24 72 760
45,000 sq. R. 178 193 371 4,079
260 234 494 5,333
-232
-32.0%
(I) Trip roms b~z~d on ITE. Trip C~ncrafion. Six~ Edition.
-2,512
-32.0%
AGENDA ITEM
No.
MAR 2 7 2001
EXHIBIT 3
SANDPIPER PROPERTY
TRIP GENERATION SUMMARY o NET NEW EXTERNAL TRIPS
PM Peak Hour
Approved Project:
Multi family
Retail
Total
Size l._~n Out Total
Proposed Project:
Multi family
Retail
24
Hour
Total
Difference:
Proposed - Approved
22 d.u. 8 3 11 116
120,000 sq. fi. 212 229 442 5~274
220 232 453 5,390
180 d.u. 59 25 84 863
45,000 sq. fi. 102 107 209 2~559
Footnote:
(I) Trip rates based on ITE, Trip Generation, Sixth Edition.
161 132 293 3,422
-160
-35.3%
-1,968
-36.5%
Adjustments made for internal orientation of trips and retail pass-by trips.
AGENDA ITEM
No.
x ?z3
MAR 2 7 2001
~ETrNO NOTlCS
TOPIC OF MEETING
COLLIER COUNTY
DEVELOPMENT SERVZC~S DEPARTMENT ****
NOTES BY~~v~
A~NDANCE (print name clearly)
~EY POiNTS/UNDERSTANDINGS/CONCLUSIONS
AGENDA ITEM
NO.
MAI:) .e ? onn,~
AGENDA ITEM
NO.
I~AR 2, 7 ZOO1
ORDINANCE NO. 01-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUlVIBER 0511 S; BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C4" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDPIPER
VILLAGE PUD LOCATED ON THE SOUTH SIDE OF TAMIAMI
TRAIL EAST (U.S.41) IN SECTION 11, TOgrNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 13 ACRES AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P. A.,
representing Antaramian Capital Parmers, LLC, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE~
The zoning classification of the herein described real property located in Section 11, Township
50 South, Range 25 East, Collier County, Florida, is changed from "C-4" to "PUD" Planned Unit
Development in accordance with the Sandpiper Village PUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The Official Zoning Atlas Map numbered 0511S, as described in
Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective when the supporting amendment to the Future Land Use
Element of the Collier County Growth Management Plan becomes legally effective pursuant to
Subsection 163.3189(2)(a), Florida Statues.
PASSED AND DULY 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
Marjorie M. Student
Assistant County Attorney
g/admi~PUD-2000-19/RN/cw
-1-
AGENDA ITEM
NIAR 2 7 2001
I
SANDPIPER VILLAGE
A
PLANNED UNIT DEVELOPMENT
PREPARED BY:
George L. Vamadoe, Esq.
Young, van Assenderp, Vamadoe & Anderson, P.A.
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
941/597-2814
Date Reviewed by CCPC
Date Approved by BCC
Ordinance Number
AGENDA tTEM
MAR 2 7 2001
,tatement of Compliance
Section I
Section II
Section III
Section IV
Section V
TABLE OF CONTENTS
Legal Description, Property Ownership and General Description
Project Development
Residential District
Mixed Use District '
General Development Commitments
LIST OF EXHIBIT
_..Exhibit "A" PUD Conceptual Master Plan
AGENDA ITEM
No.
MAR 2 7 2001
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Antaramian Capital Partners, LLC,
hereinafter referred to as the "Developer", to create a Planned Unit Development ("PUD") on
fifteen (15) acres of land located in Section 11, Township 50 South, Range 25 East in Collier
County, Florida.
The name of this Planned Unit Development shall be Sandpiper Village. Development of
Sandpiper Village will be in compliance with the planning goals and objectives and policies of
Collier County as set forth in the Growth Management Plan. The development will be consistent
with the Growth Management Plan, Future Land Use Element and the applicable land development
regulations for the following reasons: ' .
1. Sandpiper Village is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
The development of Sandpiper Village will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1 .H and L of
the Future Land Use Element.
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Sandpiper Village is designed as a functionally interrelated community and is planned
to encourage innovation as set forth in the Collier County Land Development Code
Planned Unit Development District Section.
Sandpiper Village represents an infill community within the Urban District, thereby
discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element.
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Sandpiper Village furthers the objectives of Policy 5.5 of the Future Land Use Element
by using existing lands zoned for urban intensity uses, as opposed to permitting
development of other areas.
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The Sandpiper Village project furthers and implements the goals and objectives of the
Bayshore/Gateway Triangle Redevelopment Overlay District as follows:
ao
The project will constitute a redevelopment of an aged commercial center and a
revitalization of part of the Bayshore/Gateway Triangle District.
bo
The project will provide a mixed use project, incorporating both residential and
commercial uses in an urban environment.
-- AGENDA ITEM
NO.
MAR 2 7 ZOO1
Co
The mixed use project is designed to be pedestrian and bicycle friendly, and to
provide opportunity for residents of the project and the surrounding residential
area to access the commercial uses without traveling onto major roadways.
The mixed use project will provide access to existing neighborhoods and ease of
access to adjoining neighborhood commercial projects.
SHORT TITLE
This ordinance shall be known and sited as the "Sandpiper Village Planned Unit Development
Ordinance".
oo.
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AGENDA ITEM
No.
/ .7
MAR g 7 2001
SECTION ONE
LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location, legal description and ownership of the
property, and to describe the existing conditions of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
Sandpiper Village, being approximately fifteen (15) acres,'thirteen (13) acres of which are located
within the jurisdiction of Collier County and two (2) acr&s of which are located within the
jurisdiction of the City of Naples, is legally described as follows:
ALL OF LOTS 107 & 108, GOLDEN SHORES SUBDIVISION, ACCORDING TO PLAT IN
PLAT BOOK 3, PAGE 25, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, LYING SOUTH OF STATE ROAD NO. 90
(TAMIAMI TRAIL), EXCEPT THE SOUTH 264 FEET.
ALL THAT PART OF THE SOUTH 264 FEET OF THE SOUTHWEST ¼ OF THE
NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE
25 EAST, IN COLLIER COUNTY, FLORIDA, LYING NORTH OF THE NORTH LINE OF
WALKER'S SUBDIVISION AS DELINEATED ON A PLAT OF RECORD IN PLAT BOOK 1
AT PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LOTS 1-8 INCLUSIVE COL-LEE-CO TERRACE, ACCORDING TO PLAT BOOK 1, PAGE 32,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
**LESS**
THOSE PARCELS DESCRIBED O.R. BOOK 1969, PAGE 977 AND O.R. BO(
1344 OF THE PUBLIC RECORDS OF COLLIER COUNTY.
1-1
~ ~Ef, IDA I~'~,J'~
NO,
MAR g 7 2001
TOTAL ACREAGE = 14.994- ACRES.
~1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of Antaramian Capital
Partners, LLC, whose address is 365 Fifth Avenue South, Suite 201, Naples, Florida 34102~
1.4 GENERAL DESCRIPTION OF LOCATION OF PROPERTY
The property is located on Tamiami Trail East (U.S. 41), and is bordered on the north
by U.S. 41, .on the west by Sandpiper Street, on the east by Fredrick Street, and on the
south by residential development. '
The zoning classification of the subject property as of this submittal is C-4 (Collier
County) and R3-12 (City of Naples).
The property constituting the project has been previously cleared of native vegetation,
although vegetation has volunteered along the drainage ditch on the south side, and is
currently partially developed with a commercial center.
APPLICABILITY
Although the PUD Conceptual Master Plan shows the proposed uses for the entire Sandpiper
Village project, this Ordinance will only be applicable to and control uses on that part of the
project within the jurisdiction of Collier County, Florida.
-'2
AGENDA ITEM
No.
MAR 2 7 :'001
2.1 PURPOSE
SECTION TWO
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to generally describe the plan of development for Sandpiper Village
PUD to identify relationships to applicable County ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
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Sandpiper Village will include a variety ofhouging choices, together with convenience
and service type commercial activities, general offices, and recreational ame~nities in a
traditional urban design setting.
A graphic iljustration of the PUD Conceptual Master Plan is attached hereto as Exhibit
"A". A land use summary indicating approximate land use acreages is shown on the
Plan. The location, size, and configuration of individual tracts shall be determined at
the time of Preliminary Subdivision Plat approval in accordance with Article 3,
Division 3.2, Section 3.2.7, of the Collier County Land Development Code.
The project is designed to be pedestrian-friendly with retail and office uses being
convenient to the residential uses, while still allowing the ability to attract outside
traffic for sustainability of commercial uses.
The project is designed to make an efficient use of the land resources and full use of
urban services.
2.3. COMPLIANCE WITH COUNTY ORDINANCES
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Regulations for development of Sandpiper Village shall be in accordance with the
contents of this PUD ordinance and applicable sections of the Collier County Land
Development Code (to the extent they are not inconsistent with this PUD ordinance),
which are in effect at the time of issuance of any development order, to which said
regulations relate which authorize the construction of improvements, such as, but not
limited to, final subdivision plat, final site development plan, excavation permit, and
preliminary work authorization.
Unless otherwise defined herein, or as necessarily implied by context, definition of all
terms shall be the same as the definitions set forth in the Collier County Land
AGENDA ITEM
Development Code in effect at the time of Development Order appli( ation,/~--~--~.//~,~
2-1
~AR ~ 7 ZOO1
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Development permitted by the approval of this PUD will be subject to concurrency
review under the Adetlt~ate Public Facilities Ordinance Article 3, Division 3.15, of the
Collier County Land Development Code.
Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the Land Development Code remain in effect
with respect to the development of the land which comprises this PUD.
All conditions imposed herein or as represented on the PUD Conceptual Master Plan
are part of the regulations which govern the manner in which the land may be
developed. :.
The Subdivisions Division of the Collier County' Land Development Code (2~rticle 3,
Division 3.2) shall apply to Sandpiper Village PUD, except where an exemption is set
forth herein or otherwise granted pursuant to Land Development Co~le Section 3.2.4.
The Site Development Plans Division of the Collier County Land Development Code
(Article 3, Division 3.3) shall apply to Sandpiper Village PUD, except where an
exemption is set forth herein or otherwise granted pursuant to Land Development Code
Section 3.3.4.
Multi-modal streets will be the norm within Sandpiper Village. In order to further the
traditional urban design, careful street sizing will be utilized, and the Developer
reserves the right to request substitutions to Code design standards in accordance with
Article 3, Division 3.2, Section 3.2.7.2 of the Collier County Land Development Code.
Parking shall be allowed on all streets within Sandpiper Village. Some streets will be
designed for parking on both sides, and some may allow parking on only one side of the
street.
2.4 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier
County Land Development Code may be reduced with the administrative approval of the Collier
County Development Services Director. All lakes greater than one (1) acre may be excavated to
the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of
fill from Sandpiper Village PUD shall be limited to an amount up to 10 percent per lake (to a
maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation
..-~ermit is received.
2-2
-- AGENDA ITEM NO.
MAR ~ 7 2001
2.5 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and
signage may be allowed subject to review and administrative approval by the Developer and the
Collier County Development Services Director for engineering and safety considerations during
the development review process and prior to any installations.
2.6 MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and structures related to the promotion and sale of real
estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and
signs, shall be permitted principal uses throughout Sandpiper Village Park project subject to the
requirements of Article 2, Division 2.6, Section 2.6.33.4 ahd Article 3, Division 3.2;'Section
3.2.6.3.6, of the Collier County Land Development Code..
2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD CONCEPTUAI J
MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Conceptual Master Plan
as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development
Code. Minor changes and refinements as described in Section Five of this PUD document may
be made in connection with any type of development or permit application required by the Collier
County Land Development Code.
2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout
Sandpiper Village PUD. The following standards shall apply:
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Landscape berms shall have the following maximum side slopes:
2.
3.
4.
Grassed berms 3:1
Ground covered berms 2:1
Rip-Rap berms 1 '1
Structural walled berms - vertical
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Fence or wall maximum height: six feet (6'), as measured from the finished grade of
the ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered to be no greater than eighteen inches (18") above the
highest crown elevation of the nearest existing road unless the
constructed on a perimeter landscape berm. In these cases the wall
2-3
;hall~or)x~cg
MAR l~ ? gOO1
2.9
six feet (6') in height from the top of berm elevation for berm elevation with an
average side slope of4:1 or less, and shall not exceed four feet (4') in height from the
top of berm elevation for berms with an average side slope of greater than 4:1 (i.e.
3:1).
Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Sandpiper Village PUD boundary prior to preliminary subdivision plat and site
development plan submittal, subject to approval of County Staff. All such areas must
be included in a landscape easement on final plats, or in a separate recorded
temporary easement, prior to final platting.
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Pedestrian sidewalks and/or bike paths, water'management systems and drainage may
be allowed in landscape buffers. " -'
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Prior to construction of residential units alo'ng the southern boundary, the Developer
shall construct a six foot (6') high wall, with Type B landscaping across the southern
boundary of the project, utilizing existing native vegetation where practicable.
DESIGN GUIDELINES AND STANDARDS
~The Collier County Planned Unit Development District is intended to encourage ingenuity,
.movation and imagination in the planning, design and redevelopment of tracts of land under
unified ownership or control, as set forth in the Collier County Land Development Code, Article
2, Division 2.2, Section 2.2.20.1.
Sandpiper Village is planned as a urban mixed use project containing low to medium density
residential, convenience and service retail, office, and associated recreational facilities in an
interrelated community under unified control. The project is designed to be pedestrian friendly
with retail opportunities convenient to residences within the project and adjoining neighborhoods;
although the commercial areas will be located to provide visibility from U.S. 41 to attract
customers from outside the project for sustainability. The project is designed to make efficient
use of land resources, full use of urban services, with detailed human scale design.
Sandpiper Village is planned as a functionally related, urban style, mixed use project under unified
control. As such, the elements of the development, including architecture, signage, landscaping,
and lighting shall be coordinated and contain a unified theme.
The Developer may also establish supplemental design guidelines and standards by means of
_.recorded covenants, conditions, and restrictions, the existence of which shall be noted on the final
abdivision plat or final site development plan. ^~.~^ ,~
NO.
/2;"3
MAR 2 7 2001
2-4
The commercial and mixed use aspects of the project are incorporated into buildings surrounding
the "town square". Parking for th~se uses shall be on the streets serving the town square, to the
rear of said buildings, and in the parking structure on Fredrick Street. Surface parking facilities
between buildings and U.S. 41, or in areas adjacent to U.S. 41, shall be limited to those instances
of parking integrated into project streetscapes, and parking for recreational facilities.
2.10 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Sandpiper Village PUD.
General permitted uses are those uses which generally serve the Developer and residents of
Sandpiper Village PUD and are typically part of the common infrastructure or are considered
community facilities. '
A. General Permitted Uses:
Essential services as set forth under Collier County Land Development Code,
Section 2.6.9.1.
Water management facilities and related structures.
Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
Community and neighborhood parks, recreational facilities, community
centers.
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Temporary construction, sales, and administrative offices for the Developer
and the Developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
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Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.8 of this PUD.
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Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards shall
apply to structures:. ^GE.O^ ITEM --
NO.
MAR 2 7 ~001
2-5
Setback from back of curb or edge of pavement of any road - ten feet (10')
except for gatehouses, access control structures, and entrance features which
shall have no required setback.
Setback from external property boundaries - one half (½) the height of the
structure.
2.11
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Minimum distance between structures which are part of an architecturally
unified grouping - five feet (5').
Minimum distance between unrelated structures - ten feet (10').
Maximum height of structures - forty fe& (40').
Minimum floor area - None required.
Minimum lot or parcel area -None required.
Sidewalks, bikepaths, and cart paths may occur within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath, or
cartpath.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Sandpiper Village PUD
design guidelines and standards, are to be in accordance with Collier County
Land Development Code in effect at the time of site development plan
approval.
OPEN SPACE REQUIREMENTS
A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space
pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development
Code. The total project is approximately fifteen (15) acres requiring a minimum of 4.5 acres to
be retained as open space throughout the Sandpiper Village project. The thirty percent (30%) open
space requirement shall not apply to individual development parcels or tracts or lots.
2.12 NATIVE VEGETATION RETENTION REQUIREMENTS
drainage ditch on the south side of the property and as landscaping on the
2-6
~,lthough the subject site has been previously cleared, some native vegetation exists along the
we a~.%~"c~)'~'~e
property. A portion of this vegetation shall be retained on site as required by Section 3.9.5.5 of
the Collier County Land Development Code. Mitigation pursuant to this Section will be allowed.
2.13 SIGNAGE
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General - Except as specifically provided herein, signage shall be in accordance with
the Collier County Land Development Code.
Entry_ Signs
Major entry signs shall be allowed on both sides of the major entry on U.S. 41.
Each sign shall not exceed 160 squar6 feet in size on any side, and shall not
exceed ten feet (10') in height, although er/try signs may be part ofarclaitectural
features common to the project that exceed ten feet (10') in height.
Minor entry signs are allowed on either side of each entrance road to Sandpiper
Village. Such minor entry signs shall not exceed one-hundred (100) square
feet in size on any side, and no entry sign shall exceed six feet (6') in height.
Minor entry signs may be part of a larger architectural feature or monument
that forms part of the entry into the project.
C. Internal Signs
Directional identification signs are allowed within the project. Such signs may
be used to identify the location or direction of approved uses, such as:
commercial buildings, recreational facilities, sales centers, information centers,
etc. Individual signs may be a maximum of four (4) square feet per side in
size, or signs maintaining a common architectural theme may be combined to
form a menu board with a maximum size of twenty-four (24) square feet, and
a maximum height of eight feet (8').
A single external sign band may be applied to the side of each building
containing any commercial or office activities, providing that it shall not
exceed two feet (2') in vertical dimension by any length. The sign band may
contain multiple individual signs, but all must refer to a tenant of the building.
Signs shall consist of letters applied directly on the facade of the building. A
maximum of two sign bands may be placed on the facade of each building.
Additional pedestrian signs or shingles may be attached to a building_
. AC.~ENDA I'~EM
perpendicular to the facade, extending up to four feet (4')fro
2-7 MAR 2 7 2001
may be placed underneath an awning structure and attached to the awning
structure. Th6S-e signs shall not exceed 18" by 4'. There may be one individual
pedestrian sign for each business located on the first floor.
In addition, the vertical drip of an awning may be stenciled with letters no
more than eight inches (8") in vertical dimension by any length. This
provision will only apply to structures containing commercial or recreational
uses.
A perpendicular sign identifying the primary entrance shall not exceed one foot
(l').Jn vertical dimension, nor two feet (2') in horizontal dimension.
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For any multi-story commercial or mixed hse building, an entry plaqu~ may be
located on both sides of the first level entries. These entry plaques shall be no
more than four (4) square feet, shall be attached to the bdilding, and may
contain the name of the building or tenant(s) occupying any upper floor space.
Project identification signs
Two project identification signs may be located in proximity to the project's
boundaries on U.S. 41. Said project identification signs may contain
architectural features, which will not be assessed as part of the signage of said
project.
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A project identification sign may be two-sided, and shall not exceed 120
square feet on any side of each sign.
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There shall be no setback requirements for such signs, as the purpose thereof
is to direct traffic from multi-lane U.S. 41, and to identify the project to traffic
traveling on U.S. 41.
2-8
AGENDA ITEM
No.
MAR 2 7 2001
SECTION THREE
RESIDENTIAL DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within Sandpiper Village designated in the Conceptual Master Plan as "R".
3.2 MAXIMUM DWELLING UNITS
A maximum number of 180 residential dwelling units mdy be constructed in Sandpiper Village,
including the portion of the project within the City. The nurfiber of units within the Co,ufity shall
be limited to 156 units.
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Conceptual Master Plan are designed to accommodate
a variety of low to medium density residential dwelling types: compatible non-
residential uses, recreational facilities, essential services, and customary accessory
uses.
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The approximate acreage of the "R" District is designated on the Conceptual Master
Plan. This acreage is based on conceptual designs and it is approximate. Actual
acreages of all development tracts will be provided at the time of site development
plan, or preliminary subdivision plat approvals in accordance with Article 3, Division
3.3 and Division 3.2, respectively of the Collier County Land Development Code.
Residential tracts are designed to accommodate internal roadways, alleys, open
spaces, parks and amenity areas, recreational facilities, lakes and water management
facilities, and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following:
A. Principal Uses:
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Single Family Detached Dwellings.
Single Family Patio and Zero Lot Line Dwellings.
3-1
AGENDA ITEM
No.
MAR g 7 2001
3. Two-family find Duplex Dwellings.
4. Single Family Attached and Townhouse Dwellings.
5. Multi-Family Dwellings including Garden Apartments.
Any other principal use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be com,atible in
the "R" District.
Accessory Uses and Structures:
Accessory uses and structures customarily associated with principal Uses
permitted in this District.
Any other accessory use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in
the "R" District.
_3.5 DEVELOPMENT STANDARDS
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Table I sets forth the development standards for land uses within the "R" Residential
District.
3-2
A(~ENDA ITEM
/
~/~R g 7 2001
TABLE I
. - Sandpiper Village
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI
AND STANDARDS FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY
DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS
Category 1 2 3 4 5
Front Yard 20 10 10 -3 10 10
Front Yard for 10 10 10 10 10
Side Entry Garage
Side Yard 7.5 0 or 7.5 0 or 10' 25' · ~
Rear Yard Principal 20 10 10 10 10~
Rear Yard Accessory 10 5 5 5 10
Rear Yard Special -2 10 5 5 5 .5 BH
Maximum Building Height '~ 35 35 35 40 42'n
Distance Between 15 10 0 or 15 20' 25'
Principal Structures
Floor Area Min. (S.F.) 1500 SF 1200 SF 1200 SF 1200 SF 750 SF
BH: Building Height
All distances are in feet unless otherwise noted.
'~ - Rear yards for principal structures on lots which abut lake and open space. Setback from lake for all principal
and accessory uses may be zero feet (0') providing architectural bank treatment is incorporated into design and
subject to written approval from Planning Services Department.
Front yards shall be measured as follows:
A. If the parcel is served by an external right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by an internal road or driveways, setback is measured from the back of curb (if curbed)
or edge of pavement (if not curbed).
'~ - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the
uppermost finished ceiling elevation of the structure. Parking is permitted under residential structures.
· 3. Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is
utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on both
sides of a structure provided that the opposite ten feet (10') yard is provided. Patios, pools and screen enclosures
may encroach into the ten feet (10') yard and may attach to the adjoining dwelling provided an easement is granted
from the adjoining dwelling unit owner.
· 4_ Limited to three (3) stories of units over one (1) level of parking, with each fourteen feet (14'
as measured by the standards of the Collier County Land Development Code considered one
3-3
of building height
1) StONl~. [NDA ~TE~
.a,R 2 7 001
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Site development standards for categories 1 - 4 uses apply to individual residential lot
boundaries. Category 5 sthfldards apply to platted parcel boundaries.
Standards for parking, landscaping, signs and other land uses where such standards are not
specified herein or within adopted Sandpiper Village PUD design guidelines and standards,
are to be in accordance with Collier County Land Development Code in effect at the time
of Site Development Plan Approval. Unless otherwise indicated, required yards, heights,
and floor area standards apply to principal structures.
Development standards for uses not specifically set forth in Table I shall be established
during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land
Development Code in accordance with those standards of the zoning district which is most
similar to the proposed use. " '~
In the case of residential structures with a common architectural theme, required property
development regulations may be waived or reduced provided a site plan is approved by the
Collier County Planning Commission in accordance with Article 2, Division 2.6, Section
2.6.27.4.6 of the Collier County Land Development Code. Common open space
requirements are deemed satisfied pursuant to Section 2.11 of this PUD.
Off-street parking facilities required for residential uses may be accessed by parking aisles,
alleys, or driveways which are separate from any roads which serves the development. On
street parking shall be allowed all roads within the project.
Single family patio and zero lot line dwellings are identified separately from single family
detached dwellings with conventional side yard requirements to distinguish these types for
the purpose of applying development standards under Table 1. Patio and zero lot line
dwellings shall be defined as any type of detached single family structure employing a zero
or reduced side yard as set forth herein, and which conform to requirements of Collier
County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.
Residential structures abutting Sandpiper Street shall be limited to two (2) stories over one
(1) level of parking.
3-4
AGENDA ITEM
No,__
MAR g ? 2001
SECTION FOUR
MIXED USE DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards within
Sandpiper Village PUD designated on the Conceptual Master Plan as "MU".
4.2 GENERAL DESCRIPTION
Areas designated as MU on the Conceptual Master Plan ttre designed to accommodate a limited
range of retail, service, and office commercial uses; resideritial uses in the same structhre with
retail or office uses; and essential services and customary accessory uses to commercial or
residential development. Buildings in the MU District shall contain commercial uses only, or a
mix of residential and commercial uses; provided however, that both commercial space and
residential units shall be constructed in the MU District. The approximate acreage of the MU
District is indicated on the Conceptual Master Plan. This acreage is based on a conceptual design
and is approximate. Actual acreage of all development tracts shall be provided at the time of site
development plan or preliminary division plat approvals in accordance with Article 3, Division 3.3
and Division 3.2 respectively of the Collier County Land Development Code. MU tracts are
designed to accommodate internal roadways, open spaces, lakes and water management facilities,
and other similar uses found in commercial districts in traditional urban development.
4.3 MAXIMUM SQUARE FOOTAGE/UNITS
A maximum of 45,000 square feet gross floor area of retail and office uses may be constructed in
Sandpiper Village, together with multi-family residential units, provided the total number of
residential units in the Sandpiper Village project shall not exceed 180 units.
4.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Accounting, Auditing and Bookkeeping Services (Group 8721).
2. Amusements and Recreational Services (Groups 7911 7922 communiW theaters
' A(~ENDA ITEM
only, 7991, 7993). ,o.
1'7
4-1
MAR 2 7 2001
=
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Apparel and Access'ffry Stores (Groups 5611-5699).
Hardware Stores (Group 5251).
Business Services (Groups 7311, 7313, 7322 - 7338, 7361 - 7379,7384, 7389 except
auctioneering, field warehousing, bottle labeling, packaging and labeling, salvaging
of damaged merchandise, scrap steel cutting and slitting).
Childcare services (Group 8351).
Civic, social, and fraternal associations (Group 8641).
Depository Institutions (Groups 6011-6099). -
Drug Stores and proprietary stores (Groups 5912).
Eating and Drinking Establishments (Groups 5812, 5813, except for bottle clubs).
Engineering, Architectural, Accounting and Surveying Services (Groups 8711-8713,
8721).
Food Stores (Groups 5411-5499).
General Merchandise Stores (Groups 5311-5399).
Group Care Facilities (Category I and II); Care Units, except for homeless shelters,
Nursing Homes and Assisted Living Facilities.
Health Services (Groups 8011-8049, 8082).
Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
Legal Services (Group 8111).
Management and Public Relation Services (Groups 8741-8743, 8748).
Miscellaneous Retail (Groups 5912-5963, except pawnshops and bu
5992-5999, except auction houses).
4-2
MAR ~, 7 ~001
21. Multi-Family Dwellings, including Garden Apartments.
22. Non-Depository Credit Institutions (Groups 6111-6163).
23. Personal Services (Groups 7211,7212, 7215, 7216 non-industrial dry cleaning only,
7221 - 7251,7291).
24. Real Estate (Groups 6531, 6541).
25. Paint, glass and wallpaper stores (Group 5231).
26. Public Administration (Major Groups 91, 92, 93, 94, 95, 96).
27. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-
6289).
28. United States Postal Service (Group 4311 except major distribution center).
29. Video Tape Rental (Group 7841).
30. Any other principal use which is comparable in nature with the foregoing uses
(including general and professional offices not specifically listed above) and which
the Development Services Director determines to be compatible in the "MU" district.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses permitted
in this district.
Any other accessory use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible in the "MU"
district.
4.5 DEVELOPMENT STANDARDS
A. In mixed use buildings, that is buildings containing residential together with commercial
uses (retail, service and/or office), commercial uses are permitted on the first two (2) stories
only; residential uses are permitted on the second story and above.
4-3
AGENDA ITEM
No.
MAR 2 7 2001
B. Minimum yard requirements for mixed use buildings shall be those set forth for multi-
family buildings in Table 1 hereof.
C. Minimum yard requirements for buildings containing commercial uses only:
1.
Front Yard: Ten feet (10') minimum.
2. Side Yard: Ten feet (10').
3. Rear Yard: Ten feet (10').
o
Any yard abutting a residential parcel: Twehty feet (20').
Any yard abutting a mixed use parcel' Ten feet (10').
Setback from a lake or water management feature for all principal and accessory
structures may be zero feet (0') provided architectural bank treatment is incorporated
into the design.
Setbacks from U.S. 41: Minimum of fifteen feet (15') and maximum of twenty-five
feet (25').
D. Exterior lighting shall be arranged in a manner which will protect roadways and residential
properties from direct glare or unreasonable interference.
E. Maximum height of structures shall be as follows'
Buildings containing only commercial uses are limited to maximum height of three
(3) stories.
o
Buildings containing both residential and commercial uses are allowed a maximum
height of four (4) stories.
For purposes of this Section, each fourteen feet (14') of building height shall be
considered one story. For purposes of this Section building height shall be the
vertical distance measured from the first habitable floor elevation to the uppermost
finished ceiling elevation of the structure.
F. Minimum distance between all other principal structures - Twenty feet (20').
4-4
AGENDA ITEM
NO,
~AR 2 7 2001
G. Minimum distance between all other accessory structures (excluding drive-through
facilities) - Ten feet (10').'-
H. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor.
I. Maximum building footprint- Buildings containing commercial uses only are limited to the
maximum building footprint of 20,000 square feet.
Jo
The project is consistent with the objectives of the development standards of the
Bayshore/Gateway Triangle Redevelopment Overlay as provided in Ordinance 2000-87.
Standards for parking, landscaping, signs and other land uses where such standards are not
specifically set forth herein are to be in accordance with the Collier Count, y-Land
Development Code in effect at the time of site develoP~nent plan approval. It is specifically
understood that the design of this District is to be of an urban nature; it will encourage
pedestrian access; allow shared parking; allow reduced width roadways andaccessways, and
other vestiges of traditional urban design. Deviations from the Collier County Land
Development Code to accomplish these objectives shall be subject to approval of the
Development Services Director.
K. The limitation on the location of parking as set forth in Section 2.3.4.11.9 of the Collier
County Land Development Code shall not be applied to this project.
L. The dimensional standards for roadways and parking spaces contained in Section 2.3.4.12
of the Collier County Land Development Code shall not be applicable to this project;
however, the dimensional standards shown on the Conceptual Master Plan shall control for
purposes of this project.
M. At least fifty percent (50%) of the trees and shrubs used to fulfill the requirements of the
Collier County Land Development Code shall be native South Florida species.
N. In order to allow flexibility in the placement of trees in buffer areas, cjustering or grouping
of trees shall be allowed as long as the quantities of trees required in Section 2.4.7.4 is
complied with, and subject to the approval of the County Landscape Architect.
4-5
AGENDA ITEM
No.
MAR 2 ? ~001
SECTION FIVE
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments of Developer within
Sandpiper Village PUD.
5.2 GENERAL
All facilities shall be constructed in accordance with the'final site development plans, the final
subdivision plats, and all applicable state and local laws, Cbdes and regulations relat~g to the
subdivision of the land, except where specifically noted or otherwise set forth in this document,
or as otherwise approved by Collier County. All state and federal permits shall be effective
according to the stipulations and conditions of the permitting agencies. Final master plans, final
site development plans or final subdivision plats, and standards and specifications of the Collier
County Land Development Code relating to the same shall apply to this project, except as
otherwise set forth herein.
_In addition, the PUD Conceptual Master Plan and the regulations of the PUD document as adopted
~long with any other specific conditions or stipulations as may be agreed to in the rezone hearing
before the Board of County Commissioners, shall control and be applicable to development of the
subject property. The Developer, its successors and assigns shall be bound by said documents,
commitments, and stipulations.
5.3 CONCEPTUAL MASTER PLAN
The PUD Conceptual Master Plan attached hereto as Exhibit "A" is an iljustrative conceptual
development plan. The design elements and layout iljustrated on the PUD Conceptual Master Plan
shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and
comply with all applicable requirements of this ordinance.
The Development Services Director shall be authorized to approve minor changes and refinements
to the PUD Conceptual Master Plan upon written request of the Developer.
A. The following limitations shall apply to such requests:
The minor change or refinement shall be consistent with the Collier County Growth
Management Plan.
MAR 2 7 2001
5-1
o
The minor change or refinement shall not constitute a substantial change pursuant to
Article 2, Division-2.7, Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
The minor change or refinement shall be compatible with adjacent land uses and shall
not create detrimental impacts to abutting land uses, water management facilities, and
reserve areas within or external to the PUD.
B. The following shall be considered minor changes or refinements, subject to the limitations
of PUD Section 5.3.A:
Reconfiguration of lakes, ponds, or other whter management facilities where such
changes are consistent with the criteria of the' South Florida Water Ma.n~igement
District and Collier County.
2. Internal realignment of rights-of-way other than a relocation of external access points.
5.4 WATER MANAGEMENT
A. An Excavation Permit will be required for proposed lake(s) in accordance with Division 3.5
of the Collier County Land Development Code.
B. Design construction of all improvements shall be subject to compliance with the appropriate
provisions of Division 3.2 of the Collier County Land Development Code.
5.5 UTILITIES
A. The project will be served by central potable water distribution, fire protection and sewage
collection facilities.
Bo
Water distribution, sewage collection and transmission facilities to serve the project are to
be designed, constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable Collier County rules and
regulations.
5.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
Sandpiper Village shall be required to conform to the subdivision improvement requirements set
forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8., unless
otherwise stated in this PUD or at the time of site development plan approval. Tho
substitutions, to the improvements standards are approved for final subdivision pi
5-2
MAR g 7 7001
Pg. 74
Sidewalks/bike paths shall be constructed in the locations set forth in the Conceptual Master
Plan, in substitution for the requirements of Section 3.2.8.4.14 and Appendix B of the
Collier County Land Development Code.
Bo
Streets shall conform with the right-of-way and pavement widths shown on the Conceptual
Master Plan, in substitution for the requirements of Section 3.2.8.4.16 and Appendix B of
the Collier County Land Development Code.
5.7 TRANSPORTATION
A. The Developer shall provide appropriate left and/or right turn lanes at all community access
points to public rights-of-way at the time of constrfiction of each access.
B. The Developer shall provide arterial level street lighting at all community access points to
State, County, or City public rights-of-way at the time of construction of'each access.
Do
Eo
Fo
The Developer shall provide a fair share contribution toward the capital cost of traffic
signals at any community access points to a public right-of-way when deemed warranted
by the County. These signals will be owned, operated and maintained by Collier County.
Payment of road impact fees shall be in accordance with the applicable impact fee ordinance
as it may be amended with the stipulation that payment shall occur at the time of building
permit issuance or in accordance with the requirements of the Collier County Land
Development Code, Division, 3.15, Adequate Public Facilities.
The PUD Conceptual Master Plan shows the location of all sidewalks/bike paths to be
provided within the Sandpiper Village PUD.
The PUD Conceptual Master Plan indicates the approximate location of access points to the
Sandpiper Village project, and indicates full access or directional access. The location of
these access points is subject to change, and will be finalized at the time of permitting.
There will be public access to the Mixed Use District and its uses from all accesses to
surrounding public streets or highways.
5.8 PARKING
A. Because of the urban nature of the project and the interaction between the residential,
commercial and recreational uses, and in order to minimize the impervious surface and
preserve open space, shared parking will be allowed in Sandpiper Village. In the Mixed Use
District, minimum parking requirements shall be eighty-five percent (85% } of tho roo,,;ro~
AGENDA ffEbl - --
spaces for each individual use. ,o./--77'"z~
s-3 MAR ~ 7 ?001
5.9
B. Parking for residential unft§ may be provided in the Mixed Use District and parking for the
Mixed Use District may be provided in the Residential District.
C. In the Residential District, one-bedroom units shall be required to have a minimum of one
and one-half(1 ½ ) parking spaces per unit, and all other units shall have a minimum of two
(2) parking spaces per unit.
D. Because of urban nature of project, and in order to encourage utilization of
sidewalks/bicycle paths, a minimum number of parking spaces (not to exceed 10) will be
installed at the recreational facility.
ENVIRONMENTAL ~'
An exotic vegetation removal and maintenance plan shall be submitted to ~2urrent Planning
Section Staff for review and approval prior to final site plan approval.
F:\users~LANA\Wp9~ANTARAMIAN~CHULMSKY~PUD Final 3-15-01 .wpd
[March 15,2001 ]
5-4
AGENDAITEM
MAR 2 7 ~001
SANDPIPER STREET
FREDERICK STREET
I ;;II ;Ill .
/?,61
MAR 2 ? 2001
EXECUTIVE SUMMARY
V-2000-34, DON KIRBY AND SUSAN YOUNG KIRBY, OF CONSTRUCTION
COURIER SERVICES, REPRESENTING HANDY FOOD STORES INCORPORATED,
REQUESTING A VARIANCE OF 20 FEET FROM THE REQUIRED 50 FOOT FRONT
YARD SETBACK REQUIREMENT FOR A GAS STATION CANOPY AND. FUEL
PUMPS TO 30 FEET FOR PROPERTY LOCATED AT 2902 LAKE TRAFFORD ROAD,
IMMOKALEE.
OBJECTIVE:
That the community's interests are maintained in a commercial development.
CONSIDERATIONS:
Section 2.6.28 of the Land Development Code requires a front yard setback of 50 feet for all
structures in an automobile service station (including convenience grocery stores selling motor
fuels).
The existing Handy Food Store has an e.~isting fuel pump approximately 35 feet from the
property line, which was built prior to the 50-foot requirement. The petitioner wishes to add two
new fuel pumps, reconfigure the existing pump for improved on-site traffic flow, and cover the
pumps with a canopy. Because of existing underground tanks and piping in place, the petitioner
requests a 20-foot variance from the 50-foot front yard requirement along Lake Trafford Road.
The Environmental Advisory Council did not review this petition because the EAC does not
normally hear variance petitions.
The Collier County Planning Commission heard this petition at its March 1, 2001 meeting.
Stating that the proposed improvements (landscaping, a canopy that meets architectural design
guidelines, and improved traffic flow) outweigh the proposed encroachment, the CCPC voted 8
to 0 to forward petition V-2000-34 to the BZA with a recommendation of approval..
FISCAL IMPACT:
Approval of this petition will have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT:
Approval of this variance will not affect or change the requirements of the Growth Management
Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is not located within an Area of Historical
and Archaeological Probability as referenced on the official Collier County Probability Map.
Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required.
RECOMMENDATION:
The encroachment will be ameliorated by the installation of landscaping and irrigation. In this
case, Planning Services staff believes that the proposed improvements (landscaping, a canopy
that meets design guidelines, and improved traffic flow) outweigh the proposed encroachment,
which to some extent exists today. Therefore, Planning Services staff recommends that the BZA
approve Petition V-2000-34.
PRE PARF~ BY:
F~ISCHL, AICP
PRINCIPAL PLANNER
p
CURRENT PLANNING MANAGER
J. MULHERE, AICP
PLANNING SERVICES DIRECTOR
DATE
DATE
DATE
APPROVED BY:
JO~'q M. D~E~, III DATE
INIFERIM COMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES
ADMINISTRATOR
executive summary/V-2000-34
2
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DATE:
SUBJECT:
PLANNING SERVICES DEPARTMENT
COMMLg~TY DEVELOPMENT & ENVIRONMENTAL SERVICES
FEBRUARY 5, 2001
PETITION V-2000-34
AGENT/APPLICANT:
OWNER:
AGENT:
Handy Food Stores, Inc.
PO Box 1808
Tampa, FL 33601
Don Kirby
PO Box 678443
Orlando, FL 32867
REQUESTED ACTION:
The petitioner requests a 20-foot variance from the required 50-foot front yard setback for
structures in an automobile service station to 30 feet to allow construction of a canopy over an
existing fuel pump and add additional fuel pumps at a convenience store.
GEoGRApHIC LOCATION:
The subject property is located at the northwest comer of the intersection of Lake Trafford Road
and Carson Road, in Section 31, Township 46 South, Range 29 East.
PURPOSE/DESCRIPTION OF PROJECT:
Section 2.6.28 of the Land Development Code requires a front yard setback of 50 feet for all
structures in an automobile service station (including convenience grocery stores s,elling motor
fuels).
The existing Handy Food Store has an existing fuel pump approximately 35 feet from the
property line, which was built prior to the 50-foot requirement. The petitioner wishes to add two
new fuel pumps, reconfigure the existing pump for improved on-site traffic flow, and cover the
pumps with a canopy. Because of existing underground tanks and piping in place, the petitioner
requests a variance from the 50-foot front yard requirement along Lake Trafford Road.
SURROUNDING LAND USE AND ZONING:
Subject:
Existing convenience store; zoned C-3
Surrounding: North -
East -
South -
West -
Undeveloped parcel; zoned A
Carson Road ROW; across which is the future Harvest for
Humanity PUD water retention pond
Lake Trafford Road ROW; across which is land currently
used as pasture, but which is the commercial area in the
Arrowhead PUD
Undeveloped parcel; zoned A
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 TR2~SPORTATION, 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 o(~oning
Appeals to grant variances. The Planning Commission is advisory to the BZA and Utilize~
provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to ~e
? :' 2001
.2
assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are
as follows:
Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. The existing fuel pump was constructed prior to the 50-foot front yard requirement
for service stations. The infrastructure (tank and piping) to serve the pump is currently in
place.
Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which is the
subject of the variance request?
Yes. The existing pump conforms to the 25-foot front yard setback in the C-3 district. The
pump became non-conforming in 1999 when the automobile service station requirements
were amended to include a 50-foot front yard.
Will a literal interpretation of the provisions of this Land Development Code work
unnecessary and undue hardship on the applicant?
There is technically no land-related hardship, however, the underground infrastructure
constrains the relocation of fuel dispensing facilities to a great extent. The pump
infrastructure was legally installed according to the Co.de in effect at the time. -Installation
of additional pumps, which meet the current setback, would disrupt on-site traffic flc~w.
Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
The existing convenience store is a reasonable use of the land. However, the requested
variance will be the minimum required to construct a canopy and additional pumps in the
vicinity of the existing infrastructure.
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 front
that which would be permitted for a similar service station.
e
Will granting the variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
No. The granting of this variance will reduce the amount of the required yard. However, a
service station currently exists at this location. The proposed canopy will be required to
meet the architectural design guidelines. In addition, the reconfigured fuel pumps will aid
in on-site traffic flow.
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. Staff recommends that, if a variance is approved, landscaping (with irrigation), be
installed along the eastern and southern property lines, to comply with Section 2.6.28 to the
greatest extent possible.
ge
Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
EAC RECOMMENDATION:
The Environmental Advisory Council d.,0es not normally hear variance petitions.
PLANNING SI~RVICES STAFF RECOMMENDATION:
There is technically no land-related hardship; however, the underground infrastructure constrains
the relocation of fuel dispensing facilities to a great extent. The encroachment will be
ameliorated by the installation of landscaping and irrigation. In this case, Planning Services staff
believes that the proposed improvements (landscaping, a canopy that meets design guidelines,
and improved traffic flow) outweigh the proposed encroachment, which to some extent exists
today. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000-
34 to the BZA with a recommendation of approval.
PREPARED BY:
F D~_~ISCHL, AICP
RINCIPAL PLANNER
1~ ~)NAiT, b F. NINO, AICP
,.(~URRENT PLANNING MANAGER
PLANNING SERVICES DIRECTOR
e:9 ./,~7 · o /
DATE
DATE
~,_qo .01
DATE
APPROVED BY:
ERiM. DUNNUCK III DATE
M COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
Petition Number: V-2000-34
10/24/00 09:~3 F~ ~004
VARIA/~CE PETITION
(V]~RIAI~CE FROM SETBACK ( S )
REQUIRED FOR A PARTICUL~ ZONING DISTRICT)
O0
PETITION NO.
PROJECT P ~AI~q~R
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S)__ BLOCK(S)
SU1~DIVISION SECTION ~ TWP. q~' P~GE ~ ~--,
(If legal description is lengthy, i.e. metes & bounds
description, attach additional page) ~~/~-~
C~NT ZONING OF SUBJECT PROPERTY
EXISTING LAND USE ON SUBJECT PROPERTY
ADJACENT ZONING & LAND USE
ZONING LAND USE
$
E
MINIMUM YARD REQUIREMENTS FOR SUBJW. CT PROPERTY
FRONT: CORNER LOT: NO (CIRCLE ONEI
WATERFRON LOT: ~YES (CIRCLE ONE)
SIDE:
10/24/00 09:43 F~ ~005
NATUR~ OF PF-TITION
Provide a detailed explanation of the re,est including what
structures are existing and what is proposed; the n/nount of
encroachment proposed using n~bers, i.e. reduce fron~ setback
from 25' to 18'; when property owner purchased property; when
existing principal structure was built (include building permit
number if possible); why encroachment is necessary; how existing
encroachment c~e to be; etc.
Please note that staff and the Collier County Planning Commission
shall be guided in their recommendation to the Board of Zoning
Appeals, and that the Board of Zoning Appeals shall be guided in
its determination to approve or deny a variance petition by the
balow listed criteria (1-6). (Please address this criteria using
additional pages if necessary.)
1. Are there special conditions and circumstances existing
which are peculiar to the location, size and characteristics
of the land, structure., or building involved.
17/24/0~ 09:44 F.i.X ~006
;%re there special conditions and circumstances which do not
result from the action of the applicant such as pre-existing
conditions relative to Ehe property which is the $~bject of
the variance request.
Will a literal interpretation of the provisions of this
zoning code work unnecessary and undue hardship or create
practical difficulties on the applicant.
W~ll the variance, if granted, be the minimttm variance that
will make possible the reasonable use of the land, building
or s~r~cture and which promote standards of health, safety
or welfare.
Will granting the variance reqllested 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.
10,'24,'00 09:44 FAX 1~007
Will qzanting the variance be in harmony with the intent and
purpose of this zoning code, and not be injurious to the
neighborhood, or otherwise detrimental to the public
welfare.
Are there natural conditions or physically induced
conditions that ameliorate the goals and objectives of the
regulation such as natural preserves, lakes, Golf course,
etc.
will granting the variance be consistent with the growth
management plan.
EXPLANATION
The existing property has a 4000 sfbuilding that includes a convenience store with gas and a
laundromat. No modifications for these structures are planned. There is :lso an existing single
gas island within the 50' front setback, located approximately 43' from the front property line.
We hereby request the front setback be reduced by 20' to a minimum of 30', to allow for the
installation ora gas canopy - 24' (wide) X 84' (long), and two additional fueling islands. The
original permitted plans for the canopy are dated November 21, 1978. The configuration of the
property and existing buildings do not allow for the installation of a new gas canopy or
additional pump islands without encroaching on the new 50' setback. This creates a hardship on
this older store striving to compete w/th newer locations. The new 50' setback recently adopted
by Collier Co. triggers our request for the variance, so that necessary improvements can be
made.
Existing facilities constructed in 1978/79
Current setback requirements make ex/sting fuel island non-conforming
Setback requirements make it impossible to expand our fuel islands and install a
new gas canopy to keep pace with market demands
Lake Trafford Road terminates approximately one mile west of the site and
therefore is not a major thoroughfare
The property as it now exists with the fuel island within the 50' front setback, is pre-existing
the new 50' front setback requirement. The location of the building on the site precludes
constructing additional fuel island and gas canopy under the existing zoning.
A literal interpretation will create an undue hardship and practical difficulties by preventing
the applicant from growing and modernizing his business to meet customer demand and keep
pace w/th the competition
The vahance, if granted is the minimmn variance that will make possible the reasonable use
of the land. In a~ddition, the site lighting provided by the new gas canopy, will the improve
the safeW of employees and customers and help deter crime.
The granting of the variance request w/Il not confer on the petitioner any special privileges.
Granting the variance will be in harmony with the intent and purpose of the zoning code and
provide the neighborhood with additional services and security by providing an illuminated
gas canOpy to help deter crime and promote safety.
The site, when originally built, could have contained a gas canopy under the old front
setback. The new 50' front setback eliminates this possibility without a variance.
Yes, the facility is existing. We merely ask to be allowed to update and modernize this aging
facility to provide better and safer services to our customers and employees.
AFFIDAVIT
OO8
I, J. ANDREW BEVER, JR. being first duly swor~, depo~
nnd ~y that i am the owner of the property d~scribed herein and
which i$ tke ~ubject matter of the proposmd hearing; ~hat all the
answers t~ ~h~ questions in th~ applicati~, and all skatc~es,
da~a, ~nd other supple_ment~r¥ matter attached to and ~d~ a part
of this application, are hones~ and ~rue to th~ best of mM
knowledge and belie~, t understand thi~ application must be
completed and accurate before a hearin~ can be aOvertis~d- i
~rther permit Don Kirby/Susan Young...Kirby ~o act as my
' '-(A~ENT'S NAME) Construction Courier Service
representative in any matters regarding this Petition.
sta~e of Florida
County of Collier
~-~ SIGNATURE OF 'OWNEK'~'
HANDY FOOD STORES, INC.
The .foregoing A~re~ment Shes= w~$ acknowledged before me this
JO{~ day of
, who is personally knc~
as iden~ifisation and who ~d (did not) take an oaUh.
Patricia L Toth
MY COMMISSION # CC92~049 EX, RES
~]une 6, 2004
(Signature of Notary Public)
NOTARY PUBLIC
Commission ~
My Comm/s~on Expires:
SIGNATURE OF A~ENT
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me Chis
day cf , 1996 by
who is Der&0~&lly ~qgwn to ~e or who has pro~ucad
as identification and.who did (did no:) ~ake an o~th.
VARI. AR ~ AP ~ L I CAT ION / I~
(~'4"gnature of Notary Public)
NOTARY PUBLIC
Co~mission ~
My ComahiSSlon Expir¢$:
1G-3@-GG G7:59
TO:B&B CORPORATE HOLDINGS INC R E FROM:487 469 ~994.
PG8
FOOD STORES, INC.
October 30, 2000
Board of County Commissioners
Collier County
Naples, FL
RE: Variance Request - Handy Food Store # 75 / 2902 Lake Trafford Road
Dear Sir:
Please be advised that Handy Food Stores, Inc. has authorized Don Kirby and Susan Young Kirby
of Construction Courier Service to act on behalf of Handy Food Stores in all matters relating to this
zoning variance request.
Further, all information provided herewith and in the future is honest and true to the best of my
knowledge and belief.
Sincerely,
B&B CASH GROCERY STORES, INC.
J. Andrew Bever, Jr.
President
JABjr:plt -
Encl.
CO RRES~j^y~,COLLi ER .CO_VARi ANCE, KE QLrE S T~PL T 10;i 000 t'- ' ' '
CORPORATE OFFICES AND DISTRIBUTION CENTER: 9330 ADAMO DRIVE (HIGHWAY 60)'o TAMI::~, FLORIDA $3619-2693
MAILING ADDRESS: POST OFFICE BOX 1808 · TAMPA~ FLORIDA 33601-1808 ~ ...... '" /: Jl
PHONE: (813) 621-6411 FAX: (813) 623-1215 ~ ! · '
REAL ESTATE FAX (813) 626-3864 ;'
- j
STATE OF FLORIDA
County of Hillsborough
The foregoing statement was acknowledged by J. ANDREW BEVER, JR., who is personally known
to me, and who signed before me this 30th day of October, 2000.
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
· _,.~.: .,'.~,, Patricia L loth
..-':O'.' ...... '¥..
:,: :,,= MY COMMISSION # CC923049 EXPIRES
~.~'~4 :)une 6, 2004
· ;, ,~,; ,'~t~ BONDED THI~U TI~OY FAIN INSURANCF., INC
CORRES~JA Y~COLLI~R ' CO_V ARIANCE * REQUE STILT 103000
RESOLUTION NO. 01-
RELATING TO PETITION NUMBER V-2000-
34, FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 20-foot variance from the required front
yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30
feet as shown on the attached plot plan, Exhibit "A", in a "C-3" Zone for the property
hereinafter described, and has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations
and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development
Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-2000-34 filed by Don Kirby and Susan Young Kirby, representing
Handy Food Stores, Incorporated, with respect to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 20-foot variance from the required front yard setback
of 50 feet for fuel-pumps and a canopy for an automobile service station to 30 feet as shown
on the attached plot plan, Exhibit "A", of the "C-3" 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 pement of the actual replacement cost of the
structure at the time of its destruction, any reconstruction shall conform to the
provisions of the Collier County Land Development Code in effect at the time of
reconstruction.
BE IT RESOLVED that this Resolution relating to Petition Number V-2000-34 be
recorded in the minutes of this Board.
This Resolution adopted at, er motion, second and majority vote.
Done this __ day of ., 2001.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
App?oved as to Form and Legal Sufficiency:
JAMES D. CARTER, Ph.D., CHAIRMAN
~Vl-a~0r~ M. Student .......
Assistant County Attorney
g/admin/V -2000-34/FR./im
-2-
S6.5g'
PI?OPOSED ELECTRIC-
TRENCH TO CoN'rfNuE
TO REAR O~' BUILDING
-- NEW 3500
· 25'x85' CONCRETE PAD
. -- PROPOSED 24'x85'- 10' CANO~
(~)
-- PROPOSED CURING
MATCH EXISTING
0
<
O/H :
LAKE TRAFFORD ROAD-SR 850
I Illllm,
Exhibit "A"
OF
A PARCEL OF LAND
LYING IN
~ECTION 51, TOWNSHIP 46 SOUTH, RANGE 29
COLLIER COUNTY, FLORIDA
EAS
.CRIPTION AS RECORDED IN O.R. 1073 AT PG. 97,3:
~ THE EAST ONE QUARTER CORNER OF SECTION ,31, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
,KALEE, COLLIER COUNTY, FLORIDA, RUN N1'12!25"W ALONG THE EAST LINE OF SAID SECTION 31
24`3.21 FEET; THENCE N88"42'22"W FOR ..30.0`3 FEET TO THE WEST LINE OF CARSON ROAD FOR
;)INT QF BEGINNINg; THENCE S1'12'25"E ALONG SAID CARSON ROAD FOR 200.00 FEET TO THE
~-H RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD; THENCE WESTERLY 200.08 FEET ALONG SAID
-OF-WAY LINE FOLLOWING THE ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A
JS OF 11419.2 FEE"r AND SUBTENDED BY A CHORD OF 200.08 FEET BEARING N88'42'22"W;
,ICE Nl'12'25"W FOR 200.00 FEE'T; THENCE S88'42'22"E FOR 200.08 FEE-I' TO THE P(plNT OF
NNiNQ, COLLIER COUNTY, FLORIDA.
O0 /~
EXHIBIT "B"
EXECUTIVE SUMMARY
PETITION V-2000-36, CRAIG R. STEPHENS OF STEPHENS DESIGN GROUP
REPRESENTING ADCO GROUP REQUESTING A 35 FOOT VARIANCE FROM
THE 50 FOOT REAR YARD REQUIREMENT WHEN ABUTTING A RESIDENTIAL
PROPERTY, TO 15 FEET FOR A PROPERTY LOCATED ON RAILHEAD
BOULEVARD AND IS FURTHER DESCRIBED AS LOT 35, RAILHEAD
INDUSTRIAL PARK, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
To have the Board of Zoning Appeals consider an application for a rear yard variance
in the "1" Industrial zoning district while maintaining the community's best interest.
CONSIDERATIONS:
The petitioner wishes to expand existing Allied Garage Doors building on lot 36 into
lot 35. The Collier County Land Development Code requires a 15 foot rear setback in
the industrial district, however, this setback is increased to 50 feet when abutting a
residentially zoned property. There are seven lots on Rail Head Boulevard that abut
the Mediterra PUD. Six of them were developed prior to the rezoning of the abutting
property from agricultural to residential PUD; therefore, they were developed with a
15 foot rear yard setback. The applicant is requesting to expand an existing building
into this lot with the same setback as all other buildings in the area. It should be noted
that the property in question does not abut any residential tracts within the Mediterra
PUD. It is adjacent to a rather large conservation tract and then a golf course tract.
FISCAL IMPACT:
This request will have no fiscal impact.
GROWTH MANAGEMENT IMPACT:
None.
ENVIRONMENTAL ISSUES:
This petition was reviewed by the Environmental Staff of Current Planning Section.
Their review comments did not indicate any environmental issues. Furthermore, since
there were no environmental concerns with this site, this project did qualify for
exemption from the EAC .review.
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 COMMISSION RECOMMENDATION:
The Collier County Planning commission reviewed V-2000-36 on March 1, 2000 and
by a vote of 8-0 recommended that the Board of Zoning Appeals approve this
petition.
STAFF RECOMMENDATION:
Staff recommended that the CCPC forward this petition to the BZA with a
recommendation for approval.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
PRINCIPAL PLANNER
BE/~IEWED~ BY:
CURRENT PLANNING SECTION
'~,
DATE
DATE
RdBERT J. MULHERE, AICP, DIRECTOR
PLANNING SERVICES
DATE
APPROVED BY:
JOHI~ M. DUNNUCK, III, INTERIM ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
MAR 2 7 2001
AGENDA ITEM 7-D
TO:
FROM
MEMORANDUM
COLLIER COUNTY PLANNING COMMISSION
PLANNING SERVICES DEPARTMENT
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE: June 1, 2000
RE: PETITION V-2000-36
AGENT/APPLICANT:
Owner:
ADCO Group
Steve Romanelli
1509 Railhead Industrial Park
Naples, FL. 34110
AGENT:
Stevens Design Group
Craig R. Stevens
9148 Bonita Beach Road, Suite #202
Bonita Springs, FL. 34135
REQUESTED ACTION:
The petitioner requests a 35-foot variance from the 50 foot rear yard requirement when
abutting a residential property, to 15 feet.
GEOGRAPHIC LOCATION:
The subject property is located on Rail Head Boulevard and is further described as Lot
35, Rail Head Industrial Park, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to expand an existing building on lot 36 into lot 35. The Collier
CountY Land Development Code requires a 15 foot rear setback in the industrial district,
MAR 2 7 2001
'1
~'
"o z
NAR 27 :200l
however, this setback is increased to 50 feet when abutting a residentially zoned
property. There are seven lots on Rail Head Boulevard that abut the Mediterra PUD. Six
of them were developed prior to the rezoning of the abutting property from agricultural to
residential PUD; therefore, they were developed with a 15 foot rear yard setback. The
applicant is requesting to expand an existing building into this lot with the same setback
as all other buildings in the area. It should be noted that the property in question does
not abut any residential tracts within the Mediterra PUD. It is adjacent to a rather large
conservation tract and then a golf course tract.
SURROUNDING LAND USE AND ZONING'
Subject property:
Vacant property; zoned 'T' Industrial
Surrounding:
North - Industrial building, zoned "1" Industrial
East - Industrial building, zoned 'T' Industrial
South - Industrial building, zoned 'T' Industrial
West - Conservation tract, zoned PUD (Mediterra)
HISTORIC/ARCHAEOLOGICAL IMPACT'
Staff's analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and
utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a=
Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
No, the lot in question is a conforming industrial lot.
MAR 2 7 2001
fm
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, this is a vacant lot and it is possible to build an industrial building without a
variance. There are no special conditions relative to this property.
Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
There is no land-related hardship. However, a literal interpretation of the
provisions of the LDC will require the applicant to provide a rear yard setback
which will be over three times more than other industrial buildings have provided in
the area.
Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
No, as discussed above a variance is not necessary to make possible the
reasonable use of the land.
Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a smaller rear yard than what
would be permitted for industrial lots abutting residential properties in the Industrial
zoning district.
Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood, or
otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LDC. However, the
reduced setback will be similar to the rear setback of other developed lots in the
ar.ea; furthermore, the approval of this request will not be detrimental to the public
welfare.
MAR 2 ? 2001
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, this lot is adjacent to a large preserve tract and then a golf course tract on the
Mediterra PUD.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward this petition to the BZA with'a
recommendation for approval.
MAR 2 7 2001
PREPARED BY:
Chahram Badamtchian, Ph.D., AICP
Principal Planner
RONALD I~ NINO, AICP
CURRENT PLANNING MANAGER
ROBERT J. MULHERE, AICP
PLANNING SERVICES DIRECTOR
DATE
DATE
DATE
APPROVED BY:
JOH~ M. DUI~NUCK III, INTERIM ADMINISTRATOR DATE
COI~MUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES
Petition Number: V-2000-36
Staff report for the March 1, 2001 CCPC meeting.
This Petition has been tentatively scheduled for the March 27, 2001 BZA Public
Hearing.
Collier County ' ' ' ·
MAR_2 ? 2001
RESOLUTION NO. 01-
RELATING TO PETITION NUMi ER V-2000-
36, FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 35 foot variance from the required 50 .foot
rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A", in an 'T' Zone for
the property hereinafter described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS. all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented:
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-2000-36 filed by Craig R. Stephens of Stephens Design Group, Inc.,
representing Allied Doors, Inc., with respect to the property hereinafter described as:
Lot 35, Railhead Industrial Park, as recorded in Plat Book 18, Pages 101 and
102 of the Official Records of Collier County, Florida.
be and the same hereby is approved for a 35 foot variance from the required 50 foot rear yard
setback to 15 feet as shown on the attached plot plan, Exhibit "A", of the 'T' Zoning District
wherein sai~ property is located and subject'to the following stipulations:
Exhibit "B"
MAR 2 7 200!
BE IT RESOLVED that this Resolution relating to Petition Number V-2000-36 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this __ day of
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and Legal Sufficiency:
Marjori~)M. Stuaem
ASSISTANT COUNTY ATTORNEY
g/admin~V- 2000- 36/CB/ira
., 2001.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
MAR 2 ? 2001
EXISTING
$.D.P. S 95-5~1
ALLIED DOOi~$ INC.
I
I
V-2000-36
EXHIBIT "A"
MAR g ? 200{
CONDITIONS OF APPROVAL
V-2000-36
This approval is conditioned upon the following stipulations:
No overhead doom shall be allowed at the rear of the building.
Any exterior lighting on the rear of the building must be shielded to prevent
spilling over the property line.
Any exterior PA or sound system must be directed away from the property
line.
EXHIBIT "B"
MAR 2 ? 200t
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOP. A PARTICULAR Z~)NI~G' DISTRICTf '-':
Petition No.
Commission District:
Date Petition Received:.-/:: ~' -
Planner Assigned: Chahram Badamtchian
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
Petitioner's Name:
Petitioner's Address: ! .~:~)c~ '~l L- ~[I~N.E>
Agent's Name:
Agent's Address:
Application for Variance Petition - 8~98 -
Page 1 of
MAR 2 ? 2001
COLLIER COUNTY COMMUNITy DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400fFAX (941) 643-6968
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association:
Mailing Address
City State __ Zip
'Name of Homeowner Association:
Mailing Address
City
State __ Zip
Name of Homeowner Association:
Mailing Address
City
State __ Zip,
Name of Master Association:
g~e_e-r ~t~k;,~ _~?~,~.
Mailing Address l[OO t:~II4
State
Name of Civic Association:
Mailing Address
City
State __ Zip
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: g~tL I~ _~xc> trig>. I~r..Unit
Section I i Twp. 4~5 Range
~t (s) '79z5
Property I.D. #
Block (s) ~
Metes & Bounds Description:
Application for Variance Petition - 8/98
Page 2 of 8
MAR 2 7 2001
Address of Subject Property:
(If diffcrcnt from Pctflioner's adch'¢ss)
Current Zoning and Land use of Subject Parcel:
Adjacent Zoning & Land Use:
ZONING
w
LAND USE
Minimum Yard Requirements for Subject Property:
i
Front: ~ ~' Comer Lot:
Yes
Side:
Waterfront Lot:
Yes [~]
No,~
No
Application for Variance Petition - 8/98
Page 3
~8 I~AR 2 7 2001
Nature of Petition
Provide a detailed explanation of the r. quest including what structures are existing and what is
proposed; the mount of encroachment proposed using numbors, 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.
Z~ t 7-0 A t.~ co ,~'o r--. A/,J
~ DJ) t'r'xmt/
Application for Variance Petition - 8~98
Page 4
MAR 2 ? 2001
PS._ /'~
Please note that staff and the Collier County Plnnning Commission shall be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (l-g). (Please address this criteria using additional pages if
necessal~.)
1. Arc there special conditions and circumstances existing which arc peculiar to the location, size and
characteristics of thc land, structure, or building involved.
PoT
2. 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.
!
,/5 L.--FO . 01
3, Will a literal interpretation of the provisions of this zoning code work unne~essal'y and undue hardship on the applicant or create practical difficulties on the applicant.
4. WiLl the variance, if~ted, be the ~i.i~ variance that ~ ~ke possibl~ the reasonable use of
thc land, builai~g or st~ct~¢ and which pro~ote stand.ds ofh~al~ s~f~ or ~lf~.
Application for Variance Petition - 8~98
Page S of 8
4AR 2 ? 2001
$. 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.
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
o
Will granting the variance be consistent with the growth management plan.
Application for Variance Petition - 8/98
Page 6
's MAR 27 2001
P~.~
VARIA~ CE PETITION
APPLICATION SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
RE Q UIREMENTS # o
COPIES REQUIRED
1. Completed Application 15
2. Completed Owner/Agent Affidavit, Notarized 1
3. Pre-application notes/minutes 15 fO/A-
4. Surve ofy__p_Lprape_~y_~, -"~-g +~: ..., ~,..,......,...t 1
(measured in feet)
5. Site Plan depicting the following: 15
a) All property boundaries & dimensions
b) AH existing and proposed structures (labeled as such)
c) lqorth arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. .... r eets in area for 1
reference
7. Application fee and Data Conversion 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.
- //Apl~licantffAg~A~i gnature
/ Oa~'e
Application for Variance Petition - 8~98
Page 7
r8 I~AR 2 7 2001
lq
Jif
EXISTINC~
S.D.P. ~ ~JB-B~!
ALLIED DOOIRS INC:
I
I
I
I MAR
'2 7 2001 I
EXECUTIVE SUMMARY
PETITION PUD-99-21, MR. WILLIAM HOOVER OF HOOVER PLANNING, REPRESENTING
LLOYD G. SHEEHAN, TRUSTEE, REQUESTING A REZONE FROM "A" AGRICULTURAL
AND "GC" GOLF COURSE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
CASTLEWOOD AT IMPERIAL PUD ALLOWING FOR 34 RESIDENTIAL DWELLING UNITS
FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE
BOULEVARD AND APPROXIMATELY ONE-QUARTER MILE EAST OF TAMIAMI TRAIL
CUS-41), IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 21.16 ACRES MORE OR LESS.
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested rezone is consistent
with the Collier County Growth Management Plan and Land Development Code and is in the best
interest of the community.
CONSIDERATIONS:
The proposed 21.16-acre project is a planned residential development that provides one tract for the
development of single family residential dwellings types, recreational amenities and gate-house. The
development strategy is to develop a maximum of 34 single-family dwellings, which results in a
density of 1.61-units per acre. The PUD Master Plan indicates that the main access point to the project
is from Imperial Golf Course Boulevard, which is a private road. As a result, the petitioner was
required to furnish proof of legal access to use this private road.
The project lands are located within the Urban-Mixed Use District, Urban Residential Sub-district as
designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The base
density for this district is 4 units per acre. Since the site is located within a Traffic Congestion
Boundary, one dwelling unit per acre is subtracted from the base density. The project density shall be
consistent with the density rating system contained in the Future Land Use Element and is based on the
following relationship as noted below:
Base Density
Traffic Congestion Boundary
Maximum Permitted Density
+4 dwelling units per acre
- 1 dwelling unit per acre
+3 dwelling units per acre
*The petitioner has provided legal documentation (attached with application) that the developer could
use this private access easement as iljustrated on the Master Plan. However, this access agreement
limits the number of units that can be developed and prohibits the interconnection to the vacant
agricultural lands to the north. Staffis of the opinion that the requested density of 1.61 units per acre is
consist ent with the3 unitsper acre the si te is eligible to receive. _ l~,. ~,, ~-~a _~~
The relationship of the proposed development to the existing land uses includes a compatibility study
of density. The surrounding densities of the adjacent developments are as follows: The Imperial Golf
Course development to the east is approved at a density of 3 units per acre. To the south is a golf
course while to the west is the undeveloped Imperial Lakes PUD allowing 403 units. The petitioner's
stated intent is to primarily construct single family detached dwellings and with a maximum height of
35 feet, which is the same for the adjacent single family development to the east.
The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 324
weekday trips at build-out. Based on staff's analysis, the project trips will not exceed the significance
test (5 percent of the LOS "C" design volume) on Tamiami Trail CLIS-41). As a result, this petition is
consistent with Policy 5.1 and 5.2 of the Transportation Element. It should be noted that US41 is
currently a 4-lane arterial road north of Gulf Park Drive with LOS "D" as its minimum standard. The
current traffic count for this segment is 44,047 and is operating at LOS "F". Since this deficient
segment is currently under construction to a 6-lane facility, it is projected to operate at acceptable level
of service at the build-out of the project. Lastly, Policy 9.3 encourages the interconnection of local
streets between developments when feasible. Since the project abuts a golf course and an existing
development with a private access road, an interconnection does not appear to be feasible at those
locations. An interconnection to the vacant agriculture zoned land to the north was prohibited due to
the projects access agreement to use Imperial Golf Course Boulevard (a private road).
FISCAL IMPACT:
This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its
objective, a portion of the existing land will be further developed. The mere fact that new development
has been approved will result in future fiscal impact on County public facilities. The County collects
impact fees prior to the issuance of building permits to help offset the impacts of each new
development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. In the event
that impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental fimds from other revenue sources in order to build needed facilities. The
following impact fees will be applicable to this project:
· Park Impact Fee:
· Library Impact Fee:
· Fire Impact Fee:
· School Impact Fee:
· Road Impact Fee:
· Correctional Facilities
· Radon Impact Fee:
· EMS Impact Fee:
· Building Code Adm.:
· Micro Film Surcharge:
$578.00 per unit
$180.52 per unit
$0.15 per square feet of building
$827 per unit
$2,433 per unit
$117.98 per unit
$0.005 per square foot of building
$2 per unit
$0.005 per square foot of building
$1.50 per unit
AGENDA ITEM
No.
MAR 2 ? 2001
For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this
project proposes 34 units, the total amount of residential impact fees collected at build-out will total
$93,738. It should be noted that because impact fees vary by housing type and because this approval
does not provide this level of specificity as to the actual type of use, the total impact fee quoted above
is at best a raw estimate.
Additionally, there is no guarantee that the project at build-out will have maximized their authorized
level of development. Other fees will include building permit review fees and utility fees associated
with connecting to the County's sewer and water system. Building permit fees and utility fees have
traditionally offset the cost of administering the community development review process, whereas
utility fees are used on their proportionate share of impact to the County system. Finally additional
revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends
on the value of the improvements. At this point in time a model has not been developed to arrive at a
reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be
appreciated that not withstanding the fiscal impact relationship, development takes place in an
environment of concurrency management. When level of service requirements fall below adopted
standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS
standards apply countywide and would therefore bring about a countywide concurrency determination
versus roads that may have local geographic concurrency implications.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban-Mixed Use, Urban Residential Sub-district on the Future
Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide
for higher densities in areas with fewer natural resource constraints and where existing and planned
public facilities are concentrated. The base density has been reduced a one unit per acre since the site is
located within a Traffic Congestion Boundary.
The proposed density of 1.61 units per acre is less than the 3 units per acre the site is eligible to
receive. Therefore, this PUD is consistent with the GMP. It should be noted that this rezone petition
does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent
with all provisions of the GMP can not have an adverse impact on the GMP. This petition was
reviewed for consistency and was found to be in harmony with all the applicable provisions of the
GMP. Development permitted by the approval of this petition will be subject to a concurrency review
under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code.
ENVIRONMENTAL ISSUES:
The Environmental Impact Statement (EIS) indicates that the subject site contains areas of natural pine
flat-woods that are vegetated by various native and exotic species including cabbage palm and
melaleuca. The site does not contain any wetland areas or adversely impact any wildlife issues.
MAR 2 ? 2001
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION:
The Planning Services Department Current Planning Environmental and Engineering staffs have
reviewed the petitioner's application and has made the following determination. The site does not
contain any wetlands or have adverse wildlife issues. As a result, this petition was not required to go to
the Environmental Advisory Commission (EAC). The Environmental staff has reviewed this petition
and their conditions of approval have been incorporated into the PUD document.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on March 1, 2001. They
unanimously voted (8 to 0) to forward this petition to the Board of County Commissioners (BCC) with
a recommendation of approval subject to staff stipulations contained in the PUD document. In addition,
the Planning Commissioners deemed this petition to be consistent with the adjacent developments and
with the Density Rating System of the Growth Management Plan. Since staff has not received any
correspondence objecting to this project, this petition has been placed on the Summary Agenda.
STAFF RECOMMENDATION:
Staff has referred this petition to all appropriate County Agencies for their review and
recommendation. Based upon their analysis, staff recommends approval of Petition PUD-99-21 subject
to the conditions of approval as described the PUD document and attached to the Ordinance of
Adoption and Exhibits made a part of this executive summary.
AGENDA iTEM
,,,o.
MAR 2 7 2001
PREPARED BY:
SCZL6wS, mNCn,
CURKENT PLANNING SECTION
x~ONALI~ ~, AICP, MANAGER
~URREI~ PL .~qING SECTION
tROBI~RT ~l. MU~HERE, AICP, DIRECTOR
PL~/--i____~G SER~~ES DEP~TMENT
/N"O~LMAN"'~,F~ER, ~, AD~ffNISTRATOR
TRANSPORTATION'DIVI SIOtq
DATE
DATE
D/ATE(
APPROVED BY:
JOH~M. DUNNUCK, Ill, INTERIM ADMINISTRATOR
CO~TY DEV. AND ENVIRONMENTAL SVCS.
PUD-99-21/EX SUMMARY/RVB/rb
DATE
5
AGENDA ITEM
Iqo.
MAR B ? 2001
AGENDA ITEM 7-G
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE:
FEBRUARY 5,2001
PETITION NO: PUD-99-21, CASTLEWOOD AT IMPERIAL PUD
OWNER/AGENT:
Agent:
William L. Hoover
Hoover Planning
3785 Airport Road, Suite B
Naples, Florida 34105
Owners:
Lloyd G. Sheehan, Trustee
1751 Imperial Golf Course Boulevard
Naples, Florida 34110
REQUESTED ACTION:
To have the Collier County Planning Commission consider an application to rezone the subject site from its
current zoning classification of "A" Rural Agricultural and "GC" Golf Course to "PUD" Planned Unit
Development district to be known as the Castlewood at Imperial PUD.
GEOGRAPHIC LOCATION:
The prbperty is located on the north side of Imperial Golf Course Boulevard and approximately one-quarter
mile east of Tamiami Trail in Section 14, Township 48S, Range 25E. (See location map following page).
PURPOSEfDESCRIPTION OF PROJECT:
The proposed 21.16-acre Planned Unit Development (PUD) is designed for residential dwellings around a
lake and small preserve tracts. The building area will only comprise 3.4-acres supporting only single family
residential dwelling types along with recreational amenities. If approved, the development plan will allow the
following:
1. A maximum of 34 dwelling units with a density of 1.61 units per acre.
2. Open space that includes 15.4-acres while the preserve area is 2.8-acres, a 1.9-acre lake, landscaping and
buffering totaling the minimum required 60 percent open space for residential PUDs.
3. Access point to the project is provided from the existing Imperial Golf Course Boulevard.
2 7 2001
ii
SURROUNDING LAND USE AND ZONING:
Existing: The entire 21.6-acre site is zoned "A" Agricultural and is currently undeveloped.
Surrounding:
North - Vacant wooded land, Zoned Agricultural.
East - A drainage canal and then single family dwellings, Zoned: RSF-3
South - Golf Course and Imperial Golf Course Boulevard
West- Vacant undeveloped land that is zoned Imperial lakes PUD allowing 403 residential
dwelling units.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject site is located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the
Traffic Congestion Boundary as designated in the Future Land Use Element (FLUE) of the Growth
Management Plan (GMP).
FLUE and Density: The FLUE permits residential dwellings such as those units provided in the Castlewood
at Imperial PUD. The project density shall also be consistent with the density rating system contained in the
Future Land Use Element and is based on the following relationship as noted below:
Base Density
Traffic Congestion Boundary
Maximum Permitted Density
+4 dwelling units per acre
-1 dwelling units per acre
+3 dwelling units per acre
The PUD Document indicates that the project is intended for 34 residential dwelling units that result in a
density of 1.61 units per acre. This proposed density is 1.39 units per acre less than the maximum of 3
dwelling units per acre the project is eligible to receive as noted above. As a result, staff is of the opinion that
the requested density is consistent with the Density Rating System of the Growth Management Plan.
MAR 2 7 2001
Transportation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate
approximately 324 weekday trips at build-out that is projected to be in the year 2002/03. Based on staff's
analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS
"C" design roadway volume) on any County road at the project build-out. As a result, this petition is
consistent with Policy 5.1 and 5.2 of the Transportation Element. In addition, US-41 is currently a 4-lane
arterial road north of Gulf Park Drive with LOS "D" as its minimum standard. The current traffic count for
this segment is 44,047 and is operating at LOS "F". Since this deficient segment is currently under
construction to a 6-lane facility, it is projected to operate at acceptable level of service at the build-out of the
project. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly,
Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since thc
project abuts a golf course and an existing development with a private access road, an interconnection does
not appear to be feasible at this location.
Conservation and Open Space - The PUD document indicates that a combination landscape, lakes, water
management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The
PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC and by re-
vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be
achieved by the PUD development strategy.
Utilities and Water Management - Development of the land will proceed on the bases of connection to the
County's sewer and water distribution system. These facilities are to be designed, constmcttd, conveyed,
owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management
facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a
function of obtaining subsequent development order approvals. The above-prescribed course of action makes
this petition consistent with this element of the GMP.
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. Pursuant to Section 2.2.25.8.1 of the Land
Development Code, if, during the course of site clearing, excavation or other construction activity an historic
or archaeological artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The 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 and Engineering staff, along with the Transportation Depathnent. The Engineering Staff has
recommended that the petitioner provide a 20-foot lake maintenance easement in the PUD document. The
Environmental Impact Statement (EIS) indicates that the site contains no wetlands and has areas of natural
pine flatwoods that are vegetated by various native and exotic species including cabbage palm and melaleuca.
The Environmental staff has developed conditions of approval that have been incorporated into the PUD
document. Since there are no .wetland or wildlife issues, this petition is not required to go to the
Environmental Advisory Commission (EAC). Lastly, the Transportation Department has requested that the
streets within the development be private.
MAR 2 7 2001
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable
determination must be based. This evaluation is intended to provide an objective, comprehensive overview of
the impact of the proposed land use change, be they positive or negative, culminating in a staff
recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and
Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be
used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each
of the potential impacts or considerations identified during the staff review are listed under each of the
criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff.
The review of each of the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should
establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by
professional staff should typically include an analysis of the petition's relationship to the community's future
land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of
its related elements (See Exhibit "A" and Exhibit "B").
Other evaluation considerations should include an assessment of adequacy of transportation infrastructure,
other infi-astructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of
analyzing the relationship of the rezoning action to the long range plan for furore land uses. This evaluation
includes an analysis of past zoning actions in the project area. In addition, the Board Of County
Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to
approve a range of up to three (3) additional dwelling units per acre when deemed appropriate. The added
density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of
infrastructure to support the additional units. Notwithstanding thc above, staff in reviewing the determinants
for adequate findings to support a rezoning action advise as follows:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier
County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the
FLUE of the GIMP. In the case at hand, and based upon thc Future Land Use Plan, we have an expectation that
the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property
is near existing residential lands to the east. The PUD Master Plan iljustrates a development permitting 34
dwelling units on the subject 21.16-acre site. The resulting project density of 1.61 units per acre is less than
the possible eligible density of 3 units per acre. Therefore, the proposed residential project and its density are
consistent with the FLUE.
Relationship to Existing I~and Uses' The surrounding densities of the adjacent developments are as follows:
To the north are agricultural lands that are approved at one unit per 5-acres while the base density permitted
by the FLUE is 3 units per acre. To the east is the developed single family community at 3 units per acre. To
the south is an existing golf course and to the west lies the undeveloped Imperial Lakes PUD that was
approved at a density of 5.4 units per acre. Based on the intensitw and densities of the surronndint-
developments, staff is of the opinion that the sub[net PUD is consistent with the surroundin1,
developments. With respect to the matter of compatibility, this is an evaluation whose primary focus is
similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land
uses, the location of future dwelling units are proposed to be integrated around the water management lakes
and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to construct
single-family dwellings with a maximum height of 35-feet. Since the properties to the east are developed with
a 35 foot limitation, this petition is consistent with the adjacent development.
4
MAR 2 7 2001
The PUD document also requires a rear yard setback of 20 feet for any principal structure, a side yard setback
of 7.7 feet and a 10-foot setback for accessory structures. It should be noted that the PUD development
strategy is one that only allows for a single family dwelling types. Development standards relative to the
housing structure type are generally consistent with the standards for conventional residential zoning districts
and with the adjacent PUD zoning districts. Staff is of the opinion that the project density is compatible with
the adjacent properties. Furthermore, the application of PUD development standards and architectural theme
requirements should remove any perception that there are any incompatibilities in dwelling types with
adjacent land areas.
Traffic Circulation - Planning Services Staff recognizes the current deficiencies that exist on US-41 that will
be further impacted by this and other developments in the immediate area. Nevertheless, required
improvements and impact fees imposed on this and other developments should positively contribute to easing
the burden of traffic impacts. Furthermore, the proposed extension of Livingston Road to the east will serve
as a public urban collector road that will lessen the mount of traffic using US41. It should be noted that LIS-
41 is currently being improved to a 6-lane facility. Lastly, the 34 units proposed by this petition does not
exceed the threshold on impact that supports a decision to deny or phase development even though the
aggregate projects proposed in this area will have a significant impact on US-41.
Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the property
and will be extended as a consequence of future platting. All development must comply with surface water
management requirements invoked at the time of subdividing or SDP approval.
Community Infrastructure and Services - The subject property is readily accessible to a whole range of
community infrastructure that is enhanced by its interface with US-41. Shopping centers, and medical offices
of various specialties arc all within a short driving distance. Regarding the matter of timing, it should be
appreciated that urban commercial development has been approved within this corridor. After considering
the availability of community infrastructure and services it is clear that the development of thc subject
property is timely and consistent with the GMP.
PUD Document/Master Plan - The PIYD document is modeled after a County Planning Services Model PUD
Document in terms of format, general provisions covering references to GMP and LDC, format for addressing
land uses and development standards and development commitments. The PUD also contains all of the
recommendations of reviewing staff. The development standards regulating the placement of residential
structures are similar to the standards commonly employed in other PUD's, that by actual development
practice has produced aesthetically pleasing communities. The PUD Master Plan is designed around a primary
access point onto Imperial Golf Course Boulevard, which is a private road. To improve the relationship with
adjacent land uses, the location of future dwelling units have been integrated around a lake and landscape
buffers as depicted on the Master Plan.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-99-21 subject
to the conditions of approval that have been incorporated in the PUD document and as otherwise described by
the Ordinance of Adoption and Exhibits thereto.
PREPARED BY:
~LLOWS, PRINC~AL PLANNER
CU ~ENT PLANNING SECTION
ROI 7~L~IZ~ ~.~lq~N'~), AICP, MANAGER
CURRENT PLANNING SECTION
P,.mNn~o S~.RV~C~.S DEP*RmEm
APP~V~BY" ~~7
JOH~I. DUNNUCK III, INTERIM ADMINISTRATOR
core--m, ~.v. ,~ ,~,-n~o,~,~ sv~s.
z.~ -o!
DATE
DATE
DATE
Petition Number PUD-99-21
Staff Report for March 1, 2001 CCPC meeting.
MMISSION:
~/7~
MAR 2 7 2001
FINDINGS FOR PUD
PUD-99-21
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i)
Intensifying land development patterns produces economics of scale relative
to public utilities, facilities and services, which are currently available in this
area.
(ii) Development of land that has legal access, is adjacent to an existing single-
family development is particularly suitable for single-family uses.
Con: (i)
Existing neighboring residents often perceive new development as an
intensification near their existing neighborhood as contributing factors to
inconveniencing traffic movements to and fxom their place of residence,
increasing noise and pollution, and reducing property values.
Finding: Jurisdictional reviews by County staff support the manner and pattem of
development proposed for the subject property. Development conditions contained in the
PUD document give assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies that require supplementing the PUD
document will be reconunended to the Board of County Commissioners as conditions of
approval by staff. Recommended mitigation measures will assure compliance with Level
of Service relationships as prescribed by the Growth Management Plan.
Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
Exhibit "A"
2 7 200f
Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP).
Pro: (i) The development strategy for the subject property is entirely consistent with
the goals, objectives and policies of the GIMP.
Con: None.
0
Finding: The subject petition has been found consistent with the goals, objectives and
policies of the GMP. A review of consistency relationships with elements of the GMP is
as follows: The subject PUD proposes to allow residential uses at a density of 1.61 units
per acre that is consistent with the Future Land Use Element (FLUE) of the GMP.
The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: The PUD has been designed to provide similar development standards as the
approved residential developments in the area. In addition, landscaping and buffering has
been provided to buffer the adjacent residential tracts.
Con: None.
Se
e
Finding: The PUD Master Plan has been designed to optimize internal land use
relationship through the use of various forms of open space separation. External
relationships are automatically regulated by the Land Development Code to assure
harmonious relationships between projects.
The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summar~ Finding: The amount of open space set aside by this project is consistent
with the provisions of the Land Development Code.
The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
Summarv Findin~: Timing or sequence of development in light of concurrency
requirements automatically triggers the mechanism for ensuring that further LOS
degradation is not allowed or the LOS deficiency is corrected. Furthermore, 1. 3-41
fronting Imperial Boulevard is being improved to a 6-lane facility. ~
2
NAR 2 7 200f
e
The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro:
This petition seeks to extend the existing residential zoning that is adjacent to
the site to the east. Since the subject site is located within the Traffic
Congestion Boundary, this project looses one unit per acre for a maximum of 3
units per acre. Lastly, this project will not adversely impact any adopted level of
service standard.
Con: None.
Summary_ Finding: Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal system, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at length in the staff report
adopted by the CCPC. Relative to this petition, development of the subject property is
timely, because supporting infi:aslxueture is available.
Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con: Evaluation not applicable.
Summary Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from development standards
that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to those standards.
FINDINGS FOR PUD-99-21/RVB/rb
3
HAR 2 7 200!
REZONE FINDINGS
PETITION PUD-99-21
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
Whether the proposed change will be consistent with the goals, objectives & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
.Pro:
i. The subject property is located within the Mixed Use Urban Residential District on
the FLUE of the Growth Management Plan.
ii. Development Orders deemed consistent with all applicable elements of the FLUE of
the GMP should be considered a positive relationship.
Con: None
Summary Findings: The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan. The density permitted within this PUD is
consistent with the Density Rating System contained in the Growth Management Plan.
2. The existing land use pattern;
Pro/Con: Evaluation not applicable. (A detailed study is contained in the staffreport.)
.Summary Findings: The site is located within the Traffic Congestion Boundary. The
adjacent uses include golf course to the south and single family to the east. The property
to the west is an undeveloped mixed residential development that is zoned Imperial Lakes
PUD.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
,Pro: The subject site is of sufficient size (21-acres) and is located within the Urban
Residential Sub-district on the Future Land Use Map. In addition, the site is adjacent to
an existing residential development.
Con: None.
EXHIBIT "B"
HAR 2 ? 2001
Pi[. /7
e
Summary Findings: The parcel is of sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts. It is also consistent with expected land
uses by virtue of its consistency with the FLUE.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and they are consistent with the FLUE of
the GMP.
Con: None.
Summary Findings: The boundaries are logically drawn by virtue that the subject PUD
provides an extension of the existing residential land to the east.
Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The proposed zoning change is appropriate based on the approved residential land
uses to the west and east along with the subject PUD's positive relationship to the GMP.
Con: None.
Summary~ Findings: The proposed change in zoning is appropriate since it is consistent
with the FLUE and Growth Management Plan.
Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i)
Recommended mitigation actions (i.e. landscaping) made a condition of
approval will go a long way towards offsetting any potential adverse
influences on the residential subdivision to the east of the project.
Con: (i)
The location of the subject site could cause increased noise and traffic
impacts on the nearby residences. However, due to the proposed landscape
and buffer areas, the proposed PUD should not adversely impact the
adjacent properties.
Summary Findings: The proposed PUD will not adversely influence living conditions
in the neighborhood because the recommended development standards and other
conditions for approval have been promulgated and designed to ensure the least amount
of adverse impact on adjacent and nearby developments. Recommended mitigation
actions should serve to ameliorate impact on the adjacent residential area. This includes
limiting the density to 1.61 units per acre.
2
MAR 2 7 2001
e
Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
Pro: (i)
An action to rezone the property as requested is consistent with the traffic
circulation element. (See Staff Report)
(ii)
The property has legal access (See attached legal documents) thereby
providing access to Imperial Boulevard which connects to the arterial road
network over which traffic from this development will draw and defuse
traffic.
Con: (i)
As urban intensification increases, there is some loss of comfort and ease
of travel to the motoring public. However, by law this degree of
discomfort is regulated by concurrency requirements as adopted in the
Growth Management Plan.
(ii)
In the short mn construction traffic made necessary for development may
be irritating to local residents.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Transportation Element of the GMP and was found
consistent, a statement advising that this project when developed will not excessively
increase traffic congestion. Additionally certain traffic management system
improvements are required as a condition of approval (i.e. turn lanes, traftie signals,
dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency
Management System.
Whether the proposed change will create a drainage problem;
Pro: (i)
The Land Development Code specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to
increase flooding potential on adjacent property over and above what
would occur without development.
Con:
(i)
Urban intensification in the absence of commensurate improvement to
inter-county drainage appurtenances may increase the risk of flooding in
areas when the drainage outfall condition is inadequate.
_
2 7 2001
5
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.
Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro: The proposed PUD development conforms to the approved zoning on the adjacent
property to the south. In addition, the maximum height for the structures as provided for
in the PUD is similar to the maximum height permitted within the nearby projects to the
south and west. The overall development standards are compatible with the standards
listed for the similar residential districts in the LDC which are designed to protect the
circulation of light and air to adjacent areas.
Con: None.
10.
Summary Findings: All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: Typically urban intensification increases the value of contiguous underutilized
land.
Con: None.
Summary~ Findings: This is a subjective determination based upon anticipated results,
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value.
11.
Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findin_~s: The basic premise underlying all of the development standards in
the zoning division of the LDC is that their sound application when combined wl
4
MAR 2 7 2001
12.
13.
14.
15.
administrative site development plan approval process, gives reasonable assurance that a
change in zoning will not result in a deterrence to improvement of adjacent property.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findinl~s: The proposed PUD complies with the Growth Management Plan,
which are public policy statements supporting Zoning actions when they are consistent
with said plans. In light of this fact the proposed change does not constitute a grant of
special privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
.Summary 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 Growth Management Plan.
Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The project is designed in a manner that is compatible with surrounding and
approved PUD property in size and scale.
Con: Existing neighbors within the adjacent subdivision to the east may feel that the
proposed change is out of scale with the neighborhood. However, no objections to this
petition have been received at this time.
Summary Findings: The subject PUD complies with the Growth Management Plan
while the intensity of land uses is deemed acceptable for this site.
Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
I~AR 2 ? 200!
Summary Findines: 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 infi'astructure 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.
Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the
site, however the environmental impacts are minimal.
Con: Development of the site may create a need for additional fill and site alteration for
infi'astmcture improvements.
Summary_ Findings: The extent of site alteration will be determined as a function of
obtaining a Site Development Plan approval to execute the PUD's development strategy.
17.
The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary_ Findings: A multi-disciplined team responsible for jurisdictional elements of
the GMP has reviewed this petitions and have found it consistent with the GMP. The
conditions of approval have been incorporated into the PUD document. Staff reviews for
adequacy of public services and levels of service determined that required infrastructure
meets with GMP established relationships.
REZONE FINDINGS R-99-2 I/RVB/rb
MAR 2 7 2001
APPLICATION FOR PUD REZONE
PETITION NO. P U D 9 9 - 2 1 '" Itl~..~a~$ 79991,
Applicant Name (Agent): William L. Hoover, AICP, of Hoover Planning
Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403-8899 Fax:
403 -9009
Property Owner (Petitioner) Name and Address: Edward R. Bryant, Jr., P.A., 700
Eleventh St. South, PH II, Naples, Florida 34102 Phone: 643-4888 and
Lloyd G. SheeharL, Trustee, and Nancy Sheehan, Trustee, 1751 Imperial Golf Course
Blvd., Naples, Florida 34110 Phone: 732-9885
Detailed Legal Description of Subject Property:
Section 14 Township 48S Range 26E
See attached legal description.
Property Identification #: O0151880001, O0151840009, O0151800007, O0152160005.
Size of Property: 670 Feet x 1330 Feet = 21.16_+ Acres
General Location of Subject Property: On the northern side of Imperial Golf Courm
Boulevard, approximately 1.25 miles east of North Tamiami Trail.
Adjacent Zoning and Land Use:
ZONING
N - Agricultural
S- Golf Course & ROW
E- RSF-3
W - Imperial Lakes PUD
LAND USE
Vacant Wooded Land.
Golf Course then Imperial Golf
Course Blvd.
Drainage Canal and then Single-Family
Homes.
Vacant Residential PUD (78.2-Acre PUD
Approved for 430 Residential Units
Existing Zoning: Agricultural.
Proposed Land Use or Range of Uses: PUD with Permitted Uses of single-family homes.
Does Property Owner own contiguous property to the subject property: If so, give
complete legal description of the entire contiguous property:
No.
~AR 2 7 2001
Has a public hearing for a rezone been held on this property within the past 12 months? If
yes, please write the rezone application number.
No.
Is this property curremly vacant? No.
land use and all existing structures.
If the answer is no please describe the currem
The Sheehans live on a single-family detached home that is located on the western lO-
acres.
Signature of Petitioner
Date
* If petitioner is a corporation other than a public corporations, so indicate and name
officers and major stockholders.
* If petitioner is a land trust, so indicate and name beneficiaries.
* If petitioner is a partnership, limited partnership or other business entity, so indicate and
name principals.
* If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated
on the lease.
* If petitioner is a contract purchaser, attach copy of comract, and indicate actual owner's
name and address.
The petitioners are trustees for land trusts. The land trust's beneficiaries are shown on the
following pages.
MAR 2 7 2001
EXHIBIT "A"
LEGAL DESCRIPTION OF ROYAL IMPERIAL ESTATES PUD
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 14, Township 48 South, Range 25 East, Collier County, Florida.
The West 1/2 of the East 1/2 of the South 1/2 of the Southwest 1/4 of the
Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County,
Florida.
The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14,
Township 48 South, Range 25 East, Collier County, Fiodda.
Commencing at the Southwest corner of the East 1/2 of the Northwest 1/4 of
Section 14, Township 48 South, Range 25 East, Sly 144.69 feet, South
81007'08'', West 82" to a point of a curve to left along the arc of the curve 68',
North 37056'30" West 184.74', North 88057'50", East 250', to the Point of
Beginning.
MAR 2 7 2001
NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL
RE:
Proposed Rezoning of Approximately 21 Acres of Land Located North of
Imperial Golf Course Boulevard in Sec. 14, Twp. 48, Rng. 25, Collier County,
Florida
To Whom It May Concern:
Please be advised that Jack Abney Environmental Consulting Services, 82 Johnnycake
Drive, Naples, Florida 34110; Hoover Planning, 3785 Airport Road North, Suite B,
Naples, Florida 34105; and Davidson Engineering, 2009 Trade Center Way, Naples,
Florida 34109: have been engaged by the prope,ly owf3er shown below to act as
authorized agents and to request necessary applications during the Rezoning petition
process, Site Development Plan/Subdivision review processes, and Environmental
Resource Permitting process for the subject project. The property owner also
acknowledges the formal applicants have unified control over all of the 21 acres of land
shown within the proposed rezoning.
Sincerely,
- LI~3~/d~G. ,~heehfi-n, Trustee
Nancy Sheel~an, Trustee
STATE OF /~. ~/~ / .~ A
COUNTY OF (~ O2_L_ ! ~ ~
The foregoin~q instrument was acknowledged before me this /=~ day of
who is/are personally known to mepr have produced
as identification and who did (did not) take an oath.
15rinte8 Name
My Commission Expires:
,,'=.. / ,( .... ,
SEAL
MAR 2 7 2001
Edward R. Bryant, Jr.
Attorney at Law
Floresta Building, Penthouse Il
700 Eleventh Street South
Naples, Florida 34102
Telephone (941) 643-4888
Fax (941) 643-4458
May 20, 1999
Bill Hoover
Hoover Planning
3785AirportRoad North, Suite B
Naples, Florida 34105
Re: Royal Imperial Estates
Dear Bill:
The follcx~ing individuals are beneficiaries of the Trusts:
Janis S. Hudson
266 Fairway Circle
Naples, Florida 34110
Elizabeth W. Bryant
Wesley F. Bryant
April E. Bryant
Edward R. Bryant III
Estelle Wells (deceased)
and Elizabeth W. Bryant
with joint rights of survivorship
c/o 700 llth Street, PH-II
Naples, Florida 34102
I have enclosed the following:
(1) Copy of deed to Greater Imperial Board showing easement reserved.
(2) Easement by Final Judgment, Case No. 96-3381-CA-01, entered 11/4/96 in
O.R. Book 2248, Page 0269, Public Records of Collier County, Florida.
Also enclosed is my check payable to the
Cuit,,~ssioners in the amount of $3,025
Authorization/Unified Control.
Board of Collier County
and Notarized L~tter of
Should you require additional information, please do not hesitate to
coi~u,unicate with me.
I 1
1~: 52 HCFI. ORA SUN REALTV
3301 DaViS Boulevs_wd, b-'uJ_%e 205
Naples, F~arfda 33942
Without O~inton and Without
B~n~fit of Examinaticn of Title
1D=9415979325
2112594 OR: 2243 PG: 1233
10/25/96 at ~4:IOP~ DUI~ B. BROC[, CL~RK
DOC-.70
19.~0
by WRIS~ .F~ES, INC. a Florida oorporaticn, ~, to ~ C~JLT~
~ ~ ~id ~ for ~ ~ ~Ide~ of ~ ~ of ~
~~, ~e ~i~ ~f is h~ ac~l~, ~ ~ ~,
~1~, ~ ~t~la~ ~to ~e ~id ~~ fo~, ~1 ~ rf~t,
foll~ d~~ 1~, pi~ or ~t of 1~, si~, !y~ ~ ~
Ia Description - ~ itta _ah!~_~ Dd~ibit "A"
~bj~t to - S~ Attached Fah/b_tt "B"
?ax F~lio No.
~ HAVE A~ /~ HOLD th~ sam~ %:cjether with ali
estata, right, title, interest, lien, ~qutty and claim ~hatsoeve~ of the
said GRANTOR ei%~er in law or equity, to th~ only pmzgar
behoof of tbs said GR.~3rrEE fore,er.
and "C~ANTEE" are uset fcr singular ~r plural, as
e..,,',~___~ by the tn~_~rsigT~ed officer in said cmpacity th~ day ar~ y,~r first
ab~e wrtttan.
signed h~! Grantor Ln fha p~ of:
WHISPERD[i FIN~, L-'~., a Flc,r!d~
corpor~ti~n
MAR Z 7 2001
11-86-96
MC;FLORA SUN REALTY
ID=9415979325
STATE OF
CEL~ OF
~/?~
MAR 2 7 2001
,,,. ~ .
11-0fl-96 14:54 MCFLORA SUN REALTY
ID=94159?9~25
~J~ AC,OF. SS ~T L'iiNG 1~ ~ $Ol..rrH iikI.,F (S I/a) ~F a~O~ 15 ~0 ~ SO~~
~S~ I/~) OF ~E~ION t~, ~NS~P 40 SOUTh, ~NGE 25 ~, CO~ CO~, ~D~ ~0~
PAR<OJ~RLY DESCRIBED AS FO~a ~0~ ~'5OU~'CO~BR OF-S~D ~ON 15 R~ N
'~'~' ~U~ ~G~AY il); T~N~ RUN
:,, ~.- E ~R !5.38' TO ~ E~RLY RIGh~ OF ~AY OF ~A~ ROAD ~5 ' ~
~ O~SU'lO'' N ~>NG 'C~ ~Y ~GHT OF ~AY OF ~AJD b~ITB RO~ 4~ FOR 7~0.I1 F~
L~HNG ~0' ~C~ SiDZ O~ i CZ~TZ~Z RU~I~G ~ 8¢~0'0S" Z FOR i DIe'CZ OF ISS,O0 F~;
IO~TIHU{~C ~80 ~8 05 Z FOR ~l~,O0 FRZT: T~ ~HDER OF E~D ~HRHT CO~TiNUE~ IT i HO'
'tqTH 'A P~IUS OF 600.00 ~ <~i0~ B~NG -~ V0"5I'!8'' ~. ~ORD Dt~ - U~2,t2 F~) FOR
,,~,~.~ r=~ ~ POINT OF T~GENC/: T~NC~ RUN N 5t044'31'' Z POR !02.90 P~ TO A POINT
CURVATURE, ~E~I~ RU}I NOR~P~Y ~D ~LY ~NG T~ ~C OF A ~ TO ~ PJC~
'tT~ ~ ~iDIUS OF 800,00 ~ (CHO~ BE4~NU N ?0'28'U6" R, CHORD D{~N~- 985.42 ~) FOR
392,38 ~ ~ A POINT OF T~G~: T~N(',B RUN N 89~1~'{1' E FOR 15V~,59 ~; T~NC~
8~0~ 5~ ,Z ~R i~{5.~ ~ ~ i PO~T OF CURVlTU~: T~CZ RUN ~V ~D
~,~G 7~ ~C OF l ~ ~ ~ ~ ~Td A ~IUS OF GOO.U0 ~ (CdORD B~G - N62~46'02''
Z, CI[ORD DiST,UiCB - 5~.58 P~) POR 551.83 FR~ TO A POIlqT OF T~GBN~; T{BNCR RUN
~1" ~'
~.,':~'l. ~ FOR ~nn~,~"n F..T TO A POINT OF CURVATURE: T~N~ RUN NORthlY ~NG ~
a~ t CURV~ '['0 TI~2 ~UH'!' WITN i ~l~lLi~ OF UO0.OO Y~T (C~O~ B~NG - N58~4U'IE' ~. cHo~!~
~{~ - 458.UJ '~ ) ~R idS.0~ ~ TO ~ POINT OF TANG~; ~ R~ N 81~07'08~
a,$.OV Fi~ ~ ~ PONT ON SaD RO~IIY C~N[, SaD POINT B~G S 0~00'00.5'' Z ~0{
, ~l~l.~, CO~ OF H~ ~ [~ (E I/2) OF ~B SO~I~ QU~ (~ 1/4) OF S~D ~ON
~ SDE OF A ~E BD~G N 81~47'08'' E"A D}~ OF 664.28 ~ TO t PO~T OF ~VA~RE:
%~CZ NORT~iS~LY ~ND ZIi~Y i~NG ~ iRC OF i C~Z ~ ~ RIG~ ~ i ~[US
1,425.0' <CHORD 5~]NG N 83~09'~1' E. ~tORD DI~ 68.59 ~) FOR 68.60 ~ TO A POINT OF
CORVA~RE: T~CZ 'NORmalLY ~D ~RLY A~NG ~ CORVAY~; T~ NO~~RLY
tND EASTERLY ~N8 T]Z ~C OF I CURVE TO' TiZ ZGI~ ~T{I ~ ~[US OF 1,425.0 FE~
H~ING N 88~45'30'' E, CHORD Dl5?~ 209.48 ~) FOR 209.87 ~ TO ~ ~D POINT OF
~; A~ THAT PAR~ OR ~l~ OF liND ~0~ PIRTICU{ARIS DE~B~ iS ~ ~0~
~,~ IN O.R, DOOK 008, PAGE 1903, ~ SEQ., OF
?U]3LJC RECOP,.DS OF CO~ COL]lTl'Y, FLORiDA. .4ND gXHII31T A2; ~CTION I,t, TO~,N$111~
~.O,a ~ CNR El/2 OF' ~ SEC 24, SLY 144.89 FT. S 81 DEH 0.TFT 08FT, i[ 82 FI', TO PT
.~ .aRC OF CRV 88P1', N ti7 DEG 58~ tiO IN ~ 184.7471', lq 88DEG 57FT .50J. N ~_'.
OR 772 PG i o,qE AND I~fl-{lB[T AU; SECITON {4, TO.,Si-lIP 48, RANGJ~ 25. RF,,G
!~ERJ.4L CIRDENS CONDO PI4 l, S 89DEG lZ ~95FI'. N 50 Fi' TO POB, iq 38 DEC Z
',OO.O] ~T, $ 88 DgG W 129.24 F'r TO POB, OR 772 PG 1038.
?
MAR 2 7 2001
,~._ ~
11-~6-96
i~:56
HC:FLORA SUN ~EALT¥
1D=9415979325
q~{IS ~ IS GIV"~N ~ THE SPECIFIC U~~ING OF ALL PARUIk'~
HERETO ~ ~ G. ~, ~ ~, ~ R. ~, ~., or
~~ ~/4 OF ~ ~ 1/4 OF ~~ 14, ~~ 48 ~, ~
~ ~ ~ ~~ ~ ~ 1, 2, 3, 4 ~ 5 OF ~ ~ ~
~ ~ ~ OF ~ ~, ~ ~~ ~~Y.
TRITS~, UJLY HEY/DRUED IN O.R. BOOK 2219, PA~'t~ 436 THI%C~ 442, OF THE
93BLIC RECSD~S OF OOr.r.?ER CCUL'IY, FIDRI~A.
AC,,ENO~ ~
MAR 2 7 2001
NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL
RE:
Proposed Rezoning of Approximately 21 Acres of Land Located North of
Imperial Golf Course Boulevard in Sec. 14, Twp. 48, Rng. 25, Collier County,
Florida
To Whom It May Concern:
Please be advised that Jack Abney Environmental Consulting Services, 82 Johnnycake
Drive, Naples, Florida 34110; Hoover Planning, 3785 Airport Road North, Suite B,
Naples, Florida 34105; and Davidson Engineering, 2009 Trade Center Way, Naples,
Florida 34109; have been engaged by the property owner shown below to act as
authorized agents and to request necessary applications during the Rezoning petition
process, Site Development Plan/Subdivision review processes, and Environmental
Resource Permitting process for the subject project. The property owner also
acknowledges the formal applicants have unified control over all of the 21 acres of land
shown within the proposed rezoning.
Sincerely,
R. Bryan/, J~., Trustee
STATE OF F~O~A
COUNTY OF
The fgregoing instrument was
/~ , 199_ by
who is/~re personally known to me or have produced
as identification and who did (did not) take an oath.
acknowledged before me this
EDWARD R. BRYANT~ JR.
personally known
day of
N/otary Public
Rachel C. Adams
Printed Name
My Commission Expires:
SEAL
RACHEL c ADAMS
APR 18 2001
MAR 2 7 200!
real estate shall be conclusive evidence in favor of every per~
relying upon or claiming under any such conveyance, lease or
other instrument (al that at the time of its delivery the
trust created by this Indenture and by the Trust-.Agreement and
Declaration of Trust was in full force and effect, (b) that
such conveyance or other instrument was executed in accordance
with the trusts, conditions and limitations contained in this
Indenture and in the Trust Agreement and Declaration of Trust
'and is binding upon all beneficiaries under such instruments,
{c} that Trustee was duly authorized and empowered to execute
and deliver every such deed, trust deed, lease, mortgage
or other instrument and (d) if the conveyance is made to a
successor or successors in trust, that such successor or
successors in trust have' been appointed properly and vested
fully with all the title, estate, rights, powers, duties and
obligations of the predecessor in trust.
Any contract, obligation or indebtedness incurred or
entered into by the Trustee in connection with the real estate
may be entered into by it in the name of the then beneficiarie:
under the Trust Agreement and Declaration of Trust, as their
attorney in fact, by this Deed irrevocable appointed for such
purpose, or, at the election of Trustee, in its own name as Tr~
of an express trust and not individually and Trustee shall hay(
no obligation whatsoever with respect to any such contract,
obligation or indebtedness exc, pt only so far as the trust
and funds in the actual possession of Trustee shall be appli
for its payment and discharge, and all persons and corporati
whomsoever and whatsoever shall be charged with notice of this
condition from the date of the filing for record of this Deed.
The interest of each and every beneficiary under thi
Deed and under the Trust Agreement and Declaration of Trust
referred to previously and of all persons claiming under them
any of them shall be only in the earnings, avails and proceeds
arising from the sale or other disposition of the r(
and such interest is declared to be personal proper1
MAR 2 7
-2-
~:':'i!~bl. ene'~i-c:tary under thts Deed shall have any tttle or Interest,
--'=.~iq~ji~:i~::'.~..e~quttable, tn Or to the real estate as such but only
~an:-~fiterest tn the 'earnings, avails and proceeds from such rea
e~:~-..~$ ~foresat d.
And the Grantor by thts Deed fully warrants the ttt]
to the .above-described real estate and wl]1 defend the ttt]e
~gatnst the lawfu] clatms of ail persons whomsoever.
IN ~TNES5 ~HEREOF, the ~rantor aforesaid has execut~
this ~nstrument thts ~ day of ~ , 1973.
Signed in the presence of:
COUNTY OF '~
I HEREBY CERTIFY that on this day, before me, a
Notary Public duly authorized in the State and County named
above to take acknowledgments, personally appeared the above
named Grantors, to me known to be the persons who executed
the foregoing Warranty Deed to Trustee under Land Trust
Agreement and acknowledged before me that they executed the
going Warranty Deed to Trustee under Land Trust Agreement.
WITNESS my hand and offlcia~ the State and
, lg73.
nty named above this ~J~day of
.
: c:, '. :
c. : My Commission Expl re~;?,~ p:.!~, tt,~ ~,~ n.:~, ,t
~, :
.:
~.:.I~$'TRUHENT PREPhRAT~O~ BY:
Suite 7, Balch Building
Third Street South
Naples, Florida 33940
-3-
M COLL~ 27
*ir
2096786 OR: 2227 PG: 0457
t~llllJi Il: OI:,IW M/4HT I. UOCI[,
nC m 15.H
~ ~U/ZOS
forth~a~Exhibit
OR: 2227 PG: 0458
~AR 2 7 2001
OR: 2227 PG: 0459
South, ~ 25 w~-t, Szy.~44.~9 feet, .S?ut~. SZ ~
07' 08#, We~'t 82# to a point of a curve ~o ~
the arc of curve 68', North 37 ~ 56' 30" ~
184.74', North 33 ~ 57' 50", l~:t 250', to ~
Property ID No. 001521& 000,~
MAR 2 ? 200!
U~£1i~¥ Provig£on=
for
Conditional Uses and Rezones
Mr. LLoyd Sheehan (Project' Royal Imperial Estates)
-~. NACRE:
ADDRESS: 1751 Impedal Golf Course Boulevard
PUD99- 21'.
Naples, FI 34110
3. LEGAL DESCRIPTION: See Attached Description
P~ONF~: 941 597 6212
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED {Check applicable system):
A. COUNTY SYST~ X
B. CITY SYSTEM.
C. FRINCHISED SYSTEM N.~ME:
D. PACKAGE TREATMENT PLANT CAPACITY ~GFD)
E. SEPTIC SYSTEM
5, TYPE OF WATER SERVICF TC BF PROVIDED (rheck applicable system):
A. COUNTY SYSTEM X
B. C5T¥ SYSTEM
C. FRINCHISED SYSTEM ~AME:
D. PRIVATE SYSTEM
6. TOTAL POPULATION TO BE SERVED: 147 Cap~a
7. PEAK ~ND AVEPJ~.GE DAILY DE~%ANDES:
1. WATER-PEAK 90552 GPD(63 GPM) AVER.~C_,E o~.I~.Y 22638 GPD
2. SEWER-PEAX_SS,.BQ_0..G_P.D_(40.8 GPM) kVEk~Z DASLY 14,700 GPD
8. IF PROPOSING TO CONNE~T TO COLLIER CCUNTY REGIONAL WATER SYSTEM,
DATE SERVICE EXPECTED TO BE REQUIRED: May, 2000
9. Provide a brief and concise narrative and schematic irawing of the
sewage treatment process to be used as well as a specific stateme~L
regardino t~e me~hod of a~fluent and sluage disposal, if percolation
ponds are to be used, then percolation dat~ of soil involved ~hall ~e
provided frox tests prepare~ by a professional eugineer.
-1-
NAR 2 7 2001
LIST OF PROFESSIONALS WORKING ON PUD REZONINC
Jeff Davidson, P.E., Davidson Engineering, 2009 Trade Center Way, Naples, FL 34109
Phone # 597-3916 Fax/t597-5195
Jack Abney, Environmental Consulting Services, 82 Johnnycake Drive, Naples, FL 34110
Phone/1 566-3711 Fax/1 566-3711
William L. Hoover, AICP, Hoover Planning, 3785 Airport Road N., Suite B, Naples, FL 34105
Phone # 403-8899 Fax # 403-9009
PUD99- 21 '~ ~'
MAR 2 7 2001
ORDINANCE NO. 01 -
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 8514N AND 8514S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" AGRICULTURE AND "CRC" GOLF COURSE
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
CASTLEWOOD AT IMPERIAL PUD TO ALLOW FOR 34 SINGLE
FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE
NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVARD IN
SECTION 14 TOWNSHIP 48 SOU'I~, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 21.16+ ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover of Hoover Planning, representing Edward R. Bryant, Jr., P.A.,
and Lloyd G. Sheehan, Trustees, 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 herein described real property located in Section 14, Township
48 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to 'PUD' Planned
Unit Development in accordance with the Castlewood at Imperial PUD Document, attached hereto as
Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8514N and
8514S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this __ day of
ATFEST:
DWIGHT E. BROCK, Clerk
Approved as to Form
and Legal Sufficiency
Marjo~ M. Student
Assistant County Attorney
PUD-99-21 ODINANCE/RB/im
,2001.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES D. CARTER, Ph.D., CHAIRMAN
-1-
2 7 2001
CASTLEWOOD AT IMPERIAL PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
EDWARD R. BRYANT, JR, PA, TRUSTEE
700 ELEVENTH ST. SOUTH, PH II
NAPLES, FLORIDA 34102
and
LLOYD (3. AND NANCY SHEEHAN, TRUSTEES
1751 IMPERIAL GOLF COURSE BOULEVARD
NAPLES, FLORIDA 34110
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B
NAPLES, FL 34105
and
JEFF DAVIDSON, P.E.
DAVIDSON ENGINEERIN(3
1720 J. & C. BLVD., SUITE 3
NAPLES, FL 34109
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
EXHIBIT "A"
August 9~ 1999
January 5~ 2001
MAR 2 7 2001
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
PAGE
ii
III
1
2
4
7
10
ii
MAR 2 7 2001
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
LIST OF EXHIBITS
PUD MASTER PLAN
PUD WATER MANAGEMENT/UTILITY PLAN
LEGAL DESCRIPTION
iii
~AR 2 ? 2001
STATEMENT OF COMPLIANCE
The development of approximately 21.16_+ acres of property in Collier County, as a
Planned Unit Development to be known as Castlewood at Imperial PUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The residential facilities of Castlewood at
Imperial PUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
o
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
The Project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code, as set forth in Objective 3 of the Future
Land Use Element.
The Project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
The Project development is planned to protect the functioning of natural
drainage features and natural groundwater aquifer recharge areas as described
in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
The Project is located within the Urban Residential Mixed Use. The projected
density of 1.61 dwelling units per acre is in compliance with the Future Land Use
Element of the Growth Management Plan based on the following relationships to
required criteria:
Base Density
Traffic Conqestion Boundary
Maximum Perrnitted Density
+4
-1
3
dwelling units/acre
dwellinq units/acre
dwelling units/acre
All final local development orders for this. Project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
MAR 2 7 2001
1.1
1.2
1.3
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Castlewood at Imperial PUD.
LEGAL DESCRIPTION
The subject property being 21.16+ acres, is located in Section 14, Township 48
South, Range 25 East, and is fully described in Exhibit "C".
PROPERTY OWNERSHIP
The subject property is owned by 4 separate land trusts:
Edward R. Bryant, Jr., P.A., 700 Eleventh St. South, PH II, Naples, Florida
34102 is trustee of 2 parcels, that are both 5.11 acres and in separate land
trusts, and comprise approximately the eastern 1/2 of the PUD.
Lloyd G. Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110
is trustee of a 10.22-acre parcel that comprises approximately the western 1/2 of
the PUD.
Nancy Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is
trustee of a 0.72-acre parcel that is essentially the access parcel onto Imperial
Golf Course Boulevard.
1.4
GENERAL DESCRIPTION OF PROPERTY AREA
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The subject ProPerty is located on the north of Imperial Golf Course
Boulevard, approximately 1.25 miles east of North Tamiami Trail, in
unincorporated Collier County, Florida.
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The entire project site currently has Agricultural Zoning, with an estates
type single-family home on the western half, and is proposed to be
rezoned to PUD.
MAR 2 7 2001
1.5 PHYSICAL DESCRIPTION
1.6
1.7
The project site is primarily located within the Cocohatchee River Drainage
Basin according to the Collier County Drainage Atlas. The proposed outfall for
the Project is to the south through the existing Imperial Golf Course System.
Natural ground elevation varies from 11.1 NGVD to 12.1 NGVD; average site
elevation is 11.5 NGVD. The entire site is located within FEMA Flood Zone 'X"
with no base flood elevation specified.
The water management system of the Project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
discharge into the Imperial Golf Course system.
The water management system will be permitted by South Florida Water
Management District (SFWMD). All rules and regulations of SFWMD and Collier
County will be imposed upon this Project including but not limited to: storm
attenuation with a peak discharge rate per Collier County and SFWMD rules;
minimum roadway centerline, perimeter berm and finished floor elevations; water
quality pre-treatment; and wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #17 - Basinger Fine Sand.
Site vegetation on the eastern half of the site consists primarily of Slash Pine
and Saw Palmetto. The western half of the site has an existing single-family
home on an estates type lot with scattered Slash Pines and mowed grass.
PROJECT DESCRIPTION
The Castlewood at Imperial PUD is a project composed of a maximum of 34
residential units. These residential units are planned on being developed as
single-family detached homes. Residential land uses and signage are designed
to be harmonious with one another in a natural setting by using common
architecture, quality 'screening/buffering, and native vegetation, whenever
feasible.
SHORT TITLE
This Ordinance shall be known and cited as "Castlewood at Imperial Planned
Unit Development Ordinance".
NAR 2 7 2001
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the Project, as well as other project
relationships.
GENERAL
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Regulations for development of Castlewood at Imperial PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan in
effect at the time of issuance of any development order to which said
regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Land Development Code shall
apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
All conditions imposed and graphic material presented depicting
restrictions for the development of Castlewood at Imperial PUD shall
become part of the regulations, which govern the manner in which the
PUD site may be developed.
All applicable regulations, unless specifically waived through a variance
or separate provision provided for in this PUD Document, shall remain in
full force and effect.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
MAR 2 7 2001
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2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
2.4
2.5
2.6
A maximum of 34 dwelling units shall be constructed in the residential areas of
the Project. The gross project area is 21.16+ acres. The gross project density
shall be a maximum of 1.61 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
The general configuration of the land uses are iljustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
MODEL UNITS AND SALES FACILITIES
In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
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Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of
the Land Development Code.
PROVISION FOR oFF-SITE REMOVAL OF EARTHEN MATERIAl
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
Excavation activities shall comply with the definition of a 'Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
NAR 2 7 2001
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whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards. All road impact fees
must be paid prior to the removal of material for off-site transport.
All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
MAR 2 7 2001
3.1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
MAXIMUM DWELLING UNITR
The maximum number of residential dwelling units within the PUD shall be 34
units.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings.
Any other use deemed comparable in nature by the Development
Services Director.
B. Permitted Accessory Uses and Structures:
Customary accessory uses and structures including garages and
utility buildings.
Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings,
verandahs, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
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HAR 2 7 2001
3.4
6. Water management facilities, including such facilities within any
Native Habitat Preserve Areas.
7. Recreational facilities, such as boardwalks, walking paths and
picnic areas, within any Natural Habitat Preserve Areas, after the
appropriate environmental review.
8. Supplemental landscape planting within Natural Habitat Preserve
Areas, after the appropriate environmental review.
9. Any other accessory use deemed comparable by the Development
Services Director.
DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Twelve thousand (12,000) square feet.
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Minimum Lot Width:
1. Interior Lots: Eight-five (85) feet.
2. Corner Lots: Ninety-five (95) feet.
3. Cul-de-sac Lots: Seventy-five (75) feet.
Minimum Yards:
1. Front Yards: Twenty-five (25) feet.
2. Rear Yards: Twenty (20) feet.
3. Side Yards: Seven and one-half (7.5) feet.
Maximum Hei,qht:
1. Principal Structures: Thirty-five (35) feet.
2. Accessory Structures: Twenty (20) feet.
Minimum Floor Area:
NAR 2 7 2001
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Eighteen hundred (1800) square feet of air-conditioned area.
Off-Street Parkinq and Loadin.q Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space/Natural Habitat Preserve Area Requirements:
A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site.
^ minimum of 3.7 acres of native vegetation shall be preserved on-
site, including all 3 strata, and emphasizing the largest contiguous
area possible. The PUD Master Plan identifies 2.6 acres. The
remaining acreage (a minimum additional 1.1 acres) shall be
identified on the site plan, at the time of the next development
order submittal. If mitigation plantings will be used to make up any
of the acreage, the landscape plans with mitigation-sized plantings
(in accordance with Section 3.9.5.5.3 of the Collier County Land
Development Code) shall also be submitted at that time.
Landscapin,q and Bufferinq Requirements:
If landscape buffers are determined to be necessary adjacent to wetland
preserve areas, they shall be separate from those preserve areas.
Architectural Standards
All lighting, signage, and landscaping shall be architecturally and
aesthetically unified throughout the common areas of the subject
site.
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All pole lighting, internal to the Project, shall be architecturally
designed and limited to a height of thirty (30) feet.
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Signs shall 'be permitted as described within Division 2.5 of the Collier
County Land Development Code.
MAR 2 7 2001
4.1
4.2
4.3
SECTION IV
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this Project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD, in effect at the time of Final
Plat, Final Site Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official County Land Development Code shall apply to
this Project even if the land within the PUD is not to be platted. The-Developer,
his successor and assigns, shall be responsible for the commitments outlined in
this document.
The Developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
in title or assignee is subject to the commitments within this Agreement.
PUD MASTER PLAN
Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
made from time to time.
All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the Project.
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NAR 2 7 200!
4.4
4.5
4.6
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The Project is projected to be completed in one (1) or
two (2) phases.
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
Monitorin,q Report: An annual monitoring report shall
pursuant to Section 2.7.3.6 of the Collier County Land
Code.
ENGINEERING
be submitted
Development
This Project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
WATER MANAGEMENT
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A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services with the Subdivision Construction Plan submittal.
A copy of the SFWMD Surface Water Permit shall be submitted prior to
Final Subdivision Construction Approval.
An Excavation Permit will be required for the proposed lake(s) as
described within Division 3.5 of the Collier County Land Development
Code and SFWMD Rules.
Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected. The setback is measured from the lake control elevation.
Nothing may be placed within the lake maintenance easement.
Developer shall cooperate with the County Stormwater Management
Department with the dedication of a drainage easement in the southeast
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NAR 2 7 2001
4.7
4.8
4.9
4.10
corner of the project to serve as an extension of the drainage facility
located within the adjacent existing 100 foot drainage and utility easement
in the Imperial Golf Estates Phase I Subdivision.
The stormwater management system shall be designed in compliance
with the North Livingston Road Drainage Basin. The Collier County
Public Works Department will review the subject stormwater design for
compatibility with that Basin, prior to construction plans approval.
UTILITIES
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the Project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rules and regulations.
TRAFFIC
Road Impact Fees shall be paid in accordance with Ordinance 2000-56, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
PLANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the
course of site clearing, excavation or other construction activity a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and Collier County wetland rules.
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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 Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the Project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
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MAR 2 7 200
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dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
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 Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
A minimum of 3.7 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The PUD Master Plan identifies 2.6 acres. The remaining
acreage (a minimum additional 1.1 acres) shall be identified on the site
plan, at the time of the next development order submittal. If mitigation
plantings will be used to make up any of the acreage, the landscape plans
with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of
the Collier County Land Development Code) shall also be submitted at
that time.
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NAR 2 ? 2001
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LEGAL DESCRIPTION
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 14, Township 48 South, Range 25 East, Collier County, Florida.
The West 1/2 of the East 112 of the South 1/2 of the Southwest 114 of the
Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County,
Florida.
The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14,
Township 48 South, Range 25 East, Collier County, Fiodda.
Commencing at the Southwest comer of the East 1/2 of the Northwest 1/4 of
Section 14, Township 48 South, Range 25 East, Sly 144.69 feet, South
81°07'08", West 82" to a point of a curve to left along the arc of the curve 68',
North 37°56'30" West 184.74', North 88°57'50", East 250', to the Point of
Beginning.
EXHIBIT "C"
MAR 2 7 2001
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EXECUTIVE SUMMARY
PUD-98-14(1), GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE &
ANDERSON, P.A., REPRESENTING GRANADA SHOPPES ASSOCIATES, LTD., REQUESTING
A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT HAVING THE EFFECT
OF AMENDING THE PUD DOCUMENT AND PUD MASTER PLAN TO ADD A HOTEL AS AN
AUTHORIZED USE AND TO REDUCE AUTHORIZED RETAIL AND OFFICE SPACE IN LIEU
OF SAID 175-ROOM HOTEL, FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
U.S. 41 AND IMMOKALEE ROAD (S.R. 846) IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.23+ ACRES.
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested rezone is consistent
with the Collier County Growth Management Plan and Land Development Code and is in the best
interest of the community.
CONSIDERATIONS:
The property is located in the SE quadrant of Tamiami Trail N. (U.S. 41 N) and Immokalee Road (CR
846) comprising thirty-nine point two (39.2) acres of land with frontage in excess of 1,000 feet along
Tamiami Trail N. and Immokalee Road.
The purpose of the amendment is to add as a permitted use a hotel, to mnend the setback requirement
for buildings on a parcel specific side fronting on N. Tamiami Trail/U.S. 41 N. from 40 feet to 25 feet
and to exempt from setback requirements streetscape amenity features. The amendment to add the
hotel as a permitted use is structured to require the reduction in floor area authorized for general
commercial and office space from 300,000 to 280,000 gross square feet and 90,000 to 10,000 gross
square feet respectively. Should a hotel not be developed, then said original authorized gross floor area
would remain.
The property is located within the area designated for Urban-Mixed Use Activity Center purposes.
Land use allowed in designated "activity centers" include but are not limited to all types of commercial
land uses as described in the Land Development Code for C-1 through C-5 permitted and conditionally
approved land uses, or as otherwise approved by the Board of Commissioners for bona-fide
commercial land uses otherwise not accounted for in the LDC. At 39.2 acres the project includes all of
the land designated activity center.
gAR g 7/2001
consistency evaluation with applicable elements of the GMP advises as follows:
The amendments do not affect any of the consistency evaluations that were made when the original
Ganada Shoppes PUD was adopted. Should the hotel be constructed, the commensurate reduction in
retail and office space would result in a slight reduction to automobile traffic movements from that
otherwise attainable.
Land Use Revision- Given the advanced stage of development no purpose would be served in
reassessing the appropriateness of land uses. The majority of the site is under development for the
approved uses. The addition of a hotel as permitted use in the opinion of staff is certainly compatible
with the current PUD development strategy. The general intensity of the permitted uses in this PUD in
standard zoning classification terms is C-4. It should be noted that hotels are permitted uses in the C-4
zoning district.
In order to offset the impacts of additional traffic generating characteristics the PUD provides for a
commensurate reduction in retail and office authorized gross floor area in the event a hotel is
constructed. The commensurate reductions in the gross floor area will result in slightly less traffic
being generated by the addition of the hotel and commensurate reduction in floor space. Therefore,
Granada Shoppes with the addition of the hotel will have less of an impact on the arterial road network.
Development Standard Amendment- The current Granada Shoppes PUD document requires a
minimum setback for buildings fronting the N. Tamiami Trail/U.S. 41 N. of forty (40) feet. The
amendment proposes to reduce this setback as it applies to a specific parcel of land currently under
construction for a restaurant (Ramano's Macaroni Grill). The requested setback is twenty-five (25)
feet. A substantial portion of the Granada Shoppes Site Development Plan contains open space features
along the N. Tamiami Trail while other out parcels fronting N. Tamiami Trail will be unaffected by the
revision. The amendment to the setback requirement as it applies to the Macaroni Grill site is made
necessary because staff review of a Site Development Plan failed to realize that the building was closer
to the N. Tamiami Trail than otherwise allowed (i.e. 35 feet versus 40 feet). However, the developer
further compounded the problem by setting the building approximately 30 feet from the N. Tamiami
Trail. This error came to light as a result of the required "spot survey" approval. Consequently, further
construction was halted. Given the parcel specific nature of the request, in that the setback application
is limited to 180 feet of the otherwise 1700 linear feet of frontage which is part of the Granada Shoppes
development on the N. Tamiami Trail we do not feel this rises to any negative significance level. As
indicated, an amenity open space feature lies immediately north of the subject property which together
with other open space features along the N. Tamiami Trail should help in maintaining the quality of the
view to the highway user. Additionally, the fact that no front loaded parking is to be allowed within the
amended setback and the reduced setback will be totally landscaped should again ameliorate the view
to the highway user.
One should also appreciate the fact that conventional zoning districts require a 25 feet setback. The
entire west side of the N. Tamiami Trail is subject to a 25 foot setback requirement.
AGENDA ITEM
NO.
MAR g 7 2001
pQ.
The developers have agreed to increase the perimeter space requirement for the hotel along the south
side of the property contiguous to Pelican Marsh to a minimum building setback of 75 feet. If should
be noted that the Pelican Marsh/Bay Colony golf course lies contiguous to this property line. No one
spoke or otherwise communicated any level of objection to this petition.
FISCAL IMPACT:
These amendments will have minimal effect on previously calculated impact fees since the adjustments
and additions off-set one another. Adjustments to development standards have no fiscal impact.
GROWTH MANAGEMENT IMPACT:
These amendments do not have any Growth Management impact as confirmed by the above described
consistency analysis.
ENVIRONMENTAL ISSUES:
Environmental issues were addressed in the original approval. The proposed modifications have no
additional environmental impact.
PLANNING SERVICES STAFF RECOMMENDATION:
Planning Services staff recommended approved of the modification to the Granada Shoppes PUD as
requested by the applicant.
EAC RECOMMENDATION:
This petition was not heard by the EAC inasmuch as the issues it dealt with did not involve matters
jurisdictional by within the EAC's purview.
CCPC RECOMMENDATION:
This petition was heard by the CCPC on March 1, 2001. They unanimously recommended approval to
the BCC within modifications for an increased landscaped buffer for the remainder of the N. Tamiami
Trail, and the south sides of the project boundary. These modifications are reflected in the PUD
document included with this executive summary submission.
2001
PI~ARED BY:
CURRENT PLANNING MANAGER
DATE
/)REVIEWED BY:
RoBER~-~J. MULItERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
REVIEWED BY:
' ":'
~N(~RMAN E..FEDER, AICP
TRANSPORTATION ADMINISTRATOR
DATE /
APPROVED BY: /~
JoHN~I. DUNNUCK, III, INTERIM ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
g/admin/PUD-98-14( 1 )execun ve summary. ,/RN/cw
DATE
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AGENDA ITEM 7-E
MEMORANDUM
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
FEBRUARY 9, 2001
PETITION NO: PUD-98-14(1 ), GRANADA SHOPPES PUD AMENDMENT
OVer'ER/AGENT:
Agent:
George L. Vamadoe, Esq.
Young, van Assenderp & Varnadoe, P.A.
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
Owner:
Granada Shoppes Association, Ltd.
2640 Golden Gate Parkway, Suite 115
Naples, FL 34105
(Details of Ownership Described by Application
Document).
REQUESTED ACTION:
This petition is for the purpose of amending the Granada Shoppes PUD (Ordinance # 98-91) adopted
November 11, 1998 for the purpose of modifying the permitted uses to permit a hotel while compensating for
this added use by reducing retail and office space. An additional amendment is proposed relative to the
setback requirement for buildings from Tamiami Trail N./U.S. 41 N. for a specific parcel of land and for the
placement of streetscape amenity features.
GEOGRAPHIC LOCATION:
The property is located in the SE quadrant of Tamiami Trail N. (U.S. 41 N) and Immokalee Road (CR 846)
comprising thirty-nine point two (39.2) acres of land with frontage in excess of 1,000 feet along Tamiami
Trail N. and Immokalee Road (See iljustration on the following page).
7 2001
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,ENDA ITEM
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pLRPOSE/DESCRIPTION OF PROJECT:
The purpose of the amendment is to add as a permitted use a hotel, to amend the setback requirement for
buildings on a parcel specific side fronting on N. Tamiami Trail/U.S. 41 N. from 40 feet to 25 feet and to
exempt from setback requirements streetscape amenity features. The amendment to add the hotel as a
permitted use is structured to require the reduction in floor area authorized for general commercial and office
space from 300,000 to 280,000 gross square feet and 90,000 to 10,000 gross square feet respectively. Should
a hotel not be developed, then said original authorized gross floor area would remain.
SURROUNDING LAND USE AND ZONING:
Existing:
The site is currently under development for the uses authorized by
the Granada Shoppes PUD.
Surrounding: North -
This change will not impact or affect any adjacent
property inasmuch as compensating reductions in
floor space will result in no additional traffic
movement.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The property is located within the area designated for Urban-Mixed Use Activity Center purposes. Land use
allowed in designated "activity centers" include but are not limited to all types of commercial land uses as
described in the Land Development Code for C-1 through C-5 permitted and conditionally approved land
uses, or as otherwise approved by the Board of Commissioners for bona- fide commercial land uses otherwise
not accounted for in the LDC. At 39.2 acres the project includes all of the land designated activity center.
A consistency evaluation with applicable elements of the GMP advises as follows:
The amendments do not affect any of the consistency evaluations that were made when the original Granada
Shoppes PUD was adopted.
Should the hotel be constructed, the commensurate reduction in retail and office space would result in a slight
reduction in traffic generated by the currently approved project.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
archaeological probability as referenced on the official Collier County Probability Map.
Historical/Archaeological Survey and Assessment is required.
historical and
Therefore, no
EVALUATION FOR EN'~qRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The subject property 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 and Engineering staff, and the Transportation Services Department staff. Staff's
recommendations are included in the Development commitment sections of the PUD. Given the nature of the
amendment this petitions was not required to be reviewed by the EAC.
ANALYSIS:
This is a PUD amendment even though the process is one ofrezoning the land from "PUD" to "PUD". When
we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative
convenience because it avoids the requirement to track amendments and their relationship to the original
document in order to understand the totality of the regulations as they apply to the PUD zoning district. For
this reason, staff is of the opinion that the required findings for standard and PUD rezones do not apply in
recognition of the fact that when the property was initially rezoned, the decision to approve the Granada
Shoppes PUD was based upon a preponderance of evidence and conditions which support the required
findings for both standard and PUD rezoning actions.
Land Use Revision - Given the advanced stage of development no purpose would be served in reassessing the
appropriateness of land uses. The majority of the site is under development for the approved uses. The
addition of a hotel as permitted use in the opinion of staff is certainly compatible with the current PUD
development strategy. The general intensity of the permitted uses in this PUD in standard zoning
classification terms is C-4. It should be noted that hotels are permitted uses in the C-4 zoning district.
In order to offset the impacts of additional traffic generating characteristics the PUD provides for a
commensurate reduction in retail and office authorized gross floor area in the event a hotel is constructed.
The commensurate reductions in the gross floor area will result in slightly less traffic being generated by the
addition of the hotel and commensurate reduction in floor space. Therefore, Granada Shoppes with the
addition of the hotel will have less of an impact on the arterial road network.
Development Standard Amendment - The current Granada Shoppes PUD document requires a minimum
setback for buildings fronting the N. Tamiami Trail/U.S. 41 N. of forty (40) feet. The amendment proposes to
reduce this setback as it applies to a specific parcel of land currently under construction for a restaurant
(Ramano's Macaroni Grill). The requested setback is twenty-five (25) feet. A substantial portion of the
Granada Shoppes Site Development Plan contains open space features along the N. Tamiami Trail while other
out parcels fronting N. Tamiami Trail will be unaffected by the revision. The amendment to the setback
requirement as it applies to the Macaroni Grill site is made necessary because staff review of a Site
Development Plan failed to realize that the building was closer to the N. Tamiami Trail then otherwise
allowed (i.e. 35 feet versus 40 feet). However, the developer further compounded the problem by setting the
building approximately 30 feet from the N. Tamiami Trail. This error came to light as a result of the required
"spot survey" approval. Consequently, further construction was halted. Given the parcel specific nature of the
request in that the setback application is limited to 180 feet of the otherwise 1700 linear feet of frontage
which is part of the Granada Shoppes development on the N. Tamiami Trail we do not feel this rises to any
negative significance level. As indicated an amenity open space feature lies immediately north of the subject
property which together with other open space features along the N. Tamiami Trail should help in maintaining
the quality of the view to the highway user. Additionally, the fact that no front loaded parking is to be
allowed within the amended setback and the reduced setback will be totally landscaped should again
ameliorate the view impact to the highway user. Coincidentally, one should appreciate that standard
AGENDA ITEM
NO.
MAR 2 7 2001
commercial zoning districts only require a twenty-five (25) foot setback from the street. Relative to the
matter of street amenity features a literal reading of the PUD would define streetscape/landscape features as
structure and therefore be subject to the same setback as buildings. This amendment will acknowledge such
features as exempt from building setbacks.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of Petition PUD-98-
14(1) as described by the draft Ordinance for adoption and exhibits thereto, (i.e. PUD document and master
pla~ ~ /
RONALD F. NINR~), AICP DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
ROBERT J. MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
DATE
APPROVED BY:
· DUNNUCK, III, INTERIM ADMLN1STRATOR
CQ~IMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
Petition Number PUD-98-14(1)
Staff Report for the March 1, 2001 CCPC meeting.
COLLIE _R~ON:
g/admm/P~D~- 14(1 )/STA~d~PORT/RN/im
YOUNG,
VAN ASSENDERP, VARNADOE
ATTORNEYS AT LAW
R. ~RUCE ANDERSON
TASNA O. BUFORD
DANIEL H. COX
TIMOTHY S. FRANKLIN
DAVID P. HOPSTETTER*
C. LAURENCE KEESEY
KENZA VAN A$$ENDERP
GEORGE e. VARNADOE
ROY C, YOUNG
DAWD B. ERW~N
A.J. JiM SPALLA
Ron Nino, Manager
Current Planning
Development Services Building
2800 North Horseshoe Drive
Naples, Florida 34104
REPLY To:
Naples
December 8,200.0
Re: Granada Shoppes PUD Amendment
Dear Ron:
& _A~NDERSON, E A.
GALLiE'S HALL
225 SOUTH A~DAMS STREET, SUITE ~00
POST OFFICE BOX 1833
TALLAHASSEE, FLORIDA 32302- 1833
TELEPHONE {850) 222-7206
TELECOmER (850> 561-6834
SuNTRust BUILDING
801 LAUREL OAK DRIVE, SUITE 300
[~OST OFFICE BOX 7907
NAPLES, FLORIDA 341Ol-7907
T~I'.EPHONE 1941) 597 2814
TELECOPlER 1941) 597 - 1060
Our firm represents Granada Shoppes Associates, Ltd., the developer of the 39 acre Granada
Shoppes PUD located in the southeastern quadrant of the Activity Center located at the intersection
of U.S. 41 and Immokalee Road (S.R. 846). The Granada Shoppes PUD was approved by Collier
County PUD Ordinance 98-91 to contain up to 300,000 square feet of retail/commercial and 90,000
square feet of office uses on the site. Development of the Granada Shoppes PUD has commenced
pursuant to the site development plan approval and clearing permit obtained in July oftlfis year.
Granada Shoppes Associates, Ltd. has an opportunity to locate a 175 unit hotel on the site, which
requires amendment of the Granada Shoppes PUD to authorize this additional use. I am enclosing
for your review a PUD Amendment Application requesting the County to authorize the additional
hotel use, to amend the PUD master plan and make the necessary implementing changes to the PUD
document. In addition, a parcel adjacent to Immokalee Road, now designated on the PUD Master
Plan for "office" use is being re-designated to authorize either office or retail use.
You will note that the proposed PUD Amendment is conditioned so that if the 175 unit hotel is
added to the Granada Shoppes, the approved amounts of retail and office uses will be reduced to a
maximum of 280,000 gross square feet and 10,000 gross square feet, respectively. In the event that
development of the 175 unit hotel does not occur, the currently approved development parameters
of 300,000 square feet of retail and 90,000 square feet of office use would remain in effect.
I AR 2 7 2001
Mr. Ron Nino
November 30, 2000
Page 2
Our firm has analyzed the addition of hotel use to the Granada Shoppes site to determine whether
the DRI law (Section 380.06, Florida Statutes) would be applicable to the project. Under the
applicable DRI thresholds contained in Section 380.0651(3), Florida Statutes. the proposed hotel,
retail and office uses are presumed not to be a DRI. We have formally requested the Florida
Department of Community Affairs to issue a binding letter of interpretation (BLID) confirming that
the revised Granada Shoppes project will not be required to undergo review as a DRI. Under
separate cover, I have provided you with a copy of the BLID application submitted to DCA. I
anticipate receiving DCA's binding letter prior to the Board of County Commissioners final action
on this PUD Amendment.
I am attaching to t_his letter a portion of the Tindale-Oliver traffic analysis that is included as Exhibit
"J" to the BLID application. The summary concludes that the traffic generated by the Granada
Shoppes PUD with the hotel use will be slightly less than the traffic generated by the currently
approved retail and office uses.
Enclosed with the PUD Amendment Application is a "redline"version of the PUD document
showing proposed changes and additions to the PUD document. I am also enclosing a check in the
amount of $1,300 to cover the review' of this minor PUD Amendment, in accordance with the fee
schedule adopted by the Board of County Commissioner's on August 3, 1999 in Resolution No. 99-
328.
Pursuant to our phone conversation on November 29, 2000, I understand a preapplication meeting
for this minor amendment is not required. However, if you or your staff have any questions, or need
additional information, regarding the proposed amendments to the Granada Shoppes PUD, please
do not hesitate to contact me or George Varnadoe.
Thank you for your assistance in this matter.
ly yours,j
C. Lauren~ese~'~~~
CLK/ph
cc: D. Borden
C. Gittinger
iT~
TINDALE
OLIVER
and Associafes, Inc.
November 16, 2000
Mr. Claude Gittinger
Cortelis Company
701 Brickell Ave., Suite 1400
Miami, FL 33131-2822
RE: Binding Letter of Interpretation - Granada Shoppes in Collier County Florida
Dear Mr. Gittingen
Attached to this letter is information relating to transportation aspects of a proposed shopping
center development on the Southeast comer of US 41 and CR 846 (Immokalee Rd.) in Collier
County, Florida. This information has been prepared at your request to address the
informational needs for an application for a Binding Letter of Interpretation of. DRI status.
Tindale-Oliver and Associates prepared a "Traffic Impact Statement--Granada Shoppes, Collier
County" for this site in August, 1998, to address local concurrency issues. A copy of this
analysis is attached to this submittal. The site development parameters of the analysis were
slightly greater than the currently under-construction shopping center. A summary of traffic
generation estimates of the odginal site development plan and two possible current site
development plan scenarios is also attached to this letter for comparative purposes. The two
alternative current site development plans are estimated to generate either 23 or 45 peak hour
trips less than originally analyzed in 1998.
The "Summary of Traffic Conditions" table, in 'the format required by the Binding Letter of
Interpretation is also attached 'to this letter. The information reported in the table for existing
conditions is based on the generalized capacity tables adopted by Collier County for their local
_concurrency management procedures, and more detailed level of service analysis procedures
documented in the attached "Traffic Impact Statement" are reported for future COnditions. The
table indicates the level of service standards adopted in the local govemment comprehensive
plan will be preserved if improvements identified in the traffic report are implemented.
This development has been approved by 'Collier County in accordance with the
recommendations identified in the analysis for adjacent intersection and site access
improvements. One of the roadway improvements identified as scheduled in the Traffic Impact
Statement, the six-laning of US 41 from M~/rtle Rd. north to Old US 41 is currently under
construction.
Based on the attached information, the development will not have a substantial and adverse
effect on the adjacent public road system.
AGENDA ITEM
NO.
Should you have any questions regarding this information, please contact us. /~7 ~
EXHIBIT J
MAR g ? 2001
TINDALE
OLIVER °~ A"~°'~' ,~.
Mr. Claude Gittinger
November 16, 2000
Page Two
WEO:mdr
J:\12904\Correspondence~gitlJnger 111600.doc
Very truly yours,
Tindale-Oliver and Associates, Inc.
William E. Oliver, P.E.
Senior Vice President
CC: Mr. Laurence Keesey, Young, Van Assenderp, & Varnadoe, P.A.
AGENDA ITEM
No.
MAR 2 ? 2001
Granada Shoppes
Revised Trip Generation Estimate
ITE Land Use, Code, and Size
August, 1998 "Traffic Statement" Land Uses
Shopping Center 820 (Fitted Curve) 300,000 sf
General Office 710 {Fitted Curve) 90,000 sf
Daily PM Peak Hour*
Trips* In Out Total
13,815 623 674 1,297
1,224 31 149 180
TOTAL 15,039 654 823 1,477
Current Land Use Alternative "A" (November, 2000)
Shopping Center 820 (Fitted Curve) 280,000 sf 13,216 595 644 1,239
General Office 710 (Fitted Curve) 10,000 sf 226 15 76 91
Hotel 310(Average Rate) 175 occ. rooms 1561 61 63 124
TOTAL 15,003 671 783 1,454
Difference -36 17 -40 -23
Current Land Use Alternative "B" (November, 2000)
Shopping Center 820 (Fitted Curve) 262,354 sf 12,674 570 617 1,187
General Office 710 (Fitted Curve) 37,000 sf 618 21 100 121
Hotel 310(Average Rate) 175 occ. rooms 1561 61 63 124
TOTAL 14,853 652 780 1,432
Difference -186 -2 -43 -45
*Tdp generation estimates based on Trip Generation (Ins§tute of Transportation Engineers, 6th edition. 1997)
AGENDA ITEM
MAR 2 7 2001
AGENDA ITEM
No.
MAR g '7 ZOO1
PETITION NUMBER
DATE
APPLICATION FOR PUBLIC HEARING
FOR
PUD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
CURRENT PLANNING
Name of Applicant:
Granada Shoppes Associates, Ltd.
Applicant} Mailing Address:
See attached Exhibit "A" for names and addresses of general partners
City State Zip
Applicants' agent's Telephone Number: Bus.' 941-597-2814
Is the applicant the owner of the subject property?
Yes X No
X
(a) If applicant is a land trust, so indicate and name beneficiaries below.
(b) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
(c) If applicant is a partnership, limited partnership or other business entity, so
indicate and name principals below.
(d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if
any.
(e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
(f) If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
See attached Exhibit "A" for identification of partners in limited partnership.
(If space is inadequate, attach on separate page.)
~AGENDA ITEI~
~AR 2 7 2001
2. Name of Agent:
George L.Vamadoe
Firm: Young, van Assenderp, Vamadoe & Anderson, P.A.
Agent's Mailing Address: 801 Laurel Oak Drive, Suite 300
City Naples State FL Zip 34108
Telephone Number: Res.: Bus.: 941-597-2814
2. PUD ORDINANCE NAME AND NUMBER:
Granada Shoppes PUD Ord. No. 98-91
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If request involves change
to more th-an one zoning district, include separate legal description for property involved in
each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION.
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
Located in SECTION 27 TO~WSHIP 48 SOUTH RANGE 25 EAST., Collier County.
See legal description attached as Exhibit "B"
5. Address or location of subject property:
Southeast comer of U.S. 41 and Immokalee Road (SR 846)
5. 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).
One of the property owners, Ocean Boulevard Partnership II, also owns approximately 25
acres east and adjacent to the Granada Shoppes. A map and legal description of this
contiguous property is attached hereto as Exhibit "C."
2001
/,7
7. TYPE OF AMENDMENT:
10.
X A. PUD Document Language Amendment
X
__ B. PUD Master Plan Amendment
C. Development Order Language Amendment
DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes
No If no, explain:
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST
YEAR? IF SO, IN WttOSE NAME? NO
PETITION #: DATE:
HAS AN'¢ PORTION OF THE PUD BEEN SOLD AND/OR X
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED?
Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF
NECESSARY).
The Granada Shoppes PUD site has been cleared and is being developed pursuant to PUD
Ord. No. 98-91. Site Development Plan approval and a Clearing Permit were both received
on July 7, 2000.
AGENDA ITEM
MAR 2., 7 200I
AFFIDAVIT
We, Juliet C. Sproul and Paul J. Marinelli, being first duly sworn, depose and state that we are
authorized administrative agents of both Ocean Boulevard Partnership, a Florida partnership, ahd
Ocean Boulevard Partnership II, a Florida partnership, 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, 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 our knowledge and belief. We understand this
application must be completed and accurate before a hearing can be advertised. We further permit
George L. Varnadoe, and the firm of Young, van Assenderp, Varnadoe & Anderson, to act as our
agent/representative in any matters regarding this Petition.
OCEAN BOULEVARD PARTNERSHIP,
a Florida partnership
OCEAN BOULEVARD PARTNERSHIP II,
a Florida partnership
~ Ju~t C. Sl~roul - //
As Administrative Agent
of Ocean Boulevard Partnership
By: ~au~d''mI(ln~ rsit~lliiv e A g e nt/~'
of Ocean Boulevard Partnership
of Ocean Boulevard Partnership II
P s~ d ~nai sritr~ :ltliive Ag ent'~
of Ocean Boulevard Partnership II
State of Florida
County of Collier
The foregoing Application was acknowledged before me this- ]$+day of ,
2000, by Juliet C. Sproul and Paul J. Marinelli, who are personally_known to me or who have produced
as identification and who did (did not) take an oath.
NOTARY PUBLIC
Commission # t0. c)&.
My Commission Expires:
AGENDA iTEM
~AR g 7 2001
EXHIBIT A
Developer/Applicant: Granada Shoppes Associates, Ltd., a Florida limited partnership
Identification of partners of Granada Shoppes Associates, Ltd.:
General Partners:
Newcaster DevCorp, Inc., a Florida corporation
Attn: W. Douglas Pitts
Suite 1400
701 Brickell Avenue
Miami, Florida 33131-2822
OBP1 Co _rporation, a Florida Corporation
Attn: Paul J. Marinelli
Suite 115
2640 Golden Gate Parkway
Naples, Florida 34105
Limited Parmers:
1. Ocean Boulevard Partnership, a Florida general partnership
Partners:
Lamar Gable
Frances G. Villere
Barron Collier II
Juliet C. Sproul
2. Ocean Boulevard Partnership II, a Florida general partnership
Partners:
Lamar Gable
Citrust, a Louisiana Partnership
Gift Partnership, a Florida General Partnership
Barron G. Collier IV Irrevocable Trust
Alexandra Eden Collier Irrevocable Trust
Lara Christina Collier Irrevocable Trust
3. IMM-41 Associates, Ltd., a Florida Limited Partnership
F:\users~Patly\wp9\granada shoppes',misc\EXHIBIT A.PUD.DO.2..AMENDMENT. 10 30.00 doc
AGENDA ITEM
No,
MAR 2 7 2001
MXHIBIT B
DESCRIPIION
A tract or parcel of land lying in Section 27, Township 48 South,
Range 25 East, Collier County, Florida which tract or parcel is
described os follows:
From the northwest corner of Section 27, Township 48 South, Range
25 East, Collier County, Florida run S.00'38'43'E. along the
west line of the northwest 1/4 of said section 27 for 125.02 feet
to its intersection with the southerly right--of-way line of
Immokolee Rood (CR--846) and the POINT OF BEGINNING. thence run
N.44',38'2~"E. along the southedy right-of-way line of said
Immokolee Rood for .34.99 feet; thence run S.89'45'00"E. along
the southerly right-of--way line of said Immokolee Rood for 57.3.45
feet; thence run S.86'55'15'E. along the southedy right-of-way
line of said Immokolee Rood for 500.61 feet; thence run
S. 89'45'00"E. along, the southerly right-of-way line of said
immokolee Rood for 1~34.22 feet; thence run S. O0'O0'O0"E. for
224.63 feet to o point of curvature; thence southwesterly along
the arc of o curve to the right of radius 85.00 feet (delta 90'00'00")
(chord 120.21 feet) (chqrd bearing S.45'00'00"W.) for 1`3`3.52 feet
to the end of said curve; thence run SO0'O0'O0"E for 8`30.91 feet to
o point of curvature; thence'southwesterly along the arc of o curve to
the right of radius 50.00 feet (delta 86'54'07") (chord 68.77 feet)
(chord bearing S.43'27'0`3"W.) for 75.84 feet to o point of tongency;
thence run S.86'54'07"W. for 258.`52 feet to o point of curvature;
thence westerly along the arc of o curve to the right of radius 9;36.00
feet (delta 06'23'14") (chord 104.29 feet) . (chord .bearing N.89'54'16"W.)
for 104..54 feet to the end of said curve; thence run S.1`5'26'32"W. for
548.97 feet; thence run S.69'14'15"W. for 258.29 feet; thence run
S.00'39'15"E. for 25.00 feet; thence run S.89'20'45'W. for 396.46 feet
to o point on the west line of said Section 27 and the easterly right-of-way
line of U.S. 41 (S.R. 45) Tomoimi Trail; thence run N.OO'38'43"W. along the
west line of said Section 27 and said easterly right-of-way line of U.S. 41
for 1670.23 feet to the POINT OF BEGINNING.
containing `59.25 acres more or less or 1,708,858.58 square feet more or less
Bearings hereinoboove mentioned are based on the west Line of Section
27, Township 48 South, Range 25 East os being N.00'38 43 .
Subject to easements, reservations and restrictions of record
AGENDA ITEM
I AR g 7 2001
SEP.-18'OO(MON) 15:22
EXHIBIT C (Page ! of 2)
~0
P. Oll
/?~
MAR ~ 7 200'
cio 'd
AGENDAITEM
NO.~ -
~AR 27 20'~1
£~:£1 {~OI~)O0,S[-'HHS
ORDINANCE NO. 01 -
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 8527N
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS THE GRANADA SHOPPES PUD FOR
PROPERTY LOCATED ON THE SOUTHEAST
CORNER OF U.S. 41 AND IMMOKALEE ROAD (S.R.
846), IN SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 39.23± ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 98-91, AS
AMENDED, THE FORMER "GRANADA SHOPPES"
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, George L. Varnadoe of Young, van Assenderp, Vamadoe & Anderson, P.A.,
representing Granada Shoppes Associates, Ltd., petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 27, Township
48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
8527N. as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 98-91, as amended, known as the Granada Shoppes PUD, adopted on
November 10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby
repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
-1-
AGENDA ITEM
No.
f7
g 7 2001
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this __ day of 2001.
ATTEST:
DWqGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to Form and
Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
G :/admin/PUD-g8-14t I },'RN
BY:
JAMES D. CARTER, Ph.D., CHAIRMAN
-2-
GRANADA SHOPPES
A PLANNED UNIT DEVELOPMENT
39.23_+ Acres Located in Section 27
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
GRANADA SHOPPES ASSOCIATES, LIMITED
Amendment Prepared By:
YOUNG, ,,,an ASSENDERP, VARNADOE &_ANDERSON, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FL 34108
AUGUST, 1998
Amended
Exhibit "A"
DATE APPROVED BY BCC
ORDINANCE NUMBER
DATE FILED
AMENDED BY ORDINANCE
AGENDA ITEM
MAR 2 7 2001
11-10-98
98-91
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE
SHORT TITLE
iii
SECTION I
LEGALDESCRIPTION,, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
1-1
SECTION II
PROJECT DEVELOPMENT 2-1
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.20
Purpose
General Description of the ProjeCt and Proposed Land Uses
Compliance with County Ordinances
Land Use Summary
Lake Siting
Fill Storage
Use of Right-of-Way
Sales Office and Construction Office
Changes and Amendments to PUD Document or PUD Master Plan
Preliminary Subdivision Plat Phasing
Open Space and Native Vegetation Retention Requirements
Surface Water Management
Environmental
Utilities
Transportation
Common Area Maintenance
Design Guidelines and Standards
Landscape Buffers, Berms, Fences and Walls
Signage
Public Places
General Permitted Uses
SECTION III
COMMERCIAL DEVELOPMENT
3.1 Purpose
3.2 General Description
3.3 Permitted Uses and Sections
3.4 Development Standards
3-1
EXHIBIT A
EXHIBIT A-1
EXHIBIT A-2
EXHIBIT A-3
GRANADA SHOPPES PUD MASTER PLAN
SHOPPING AREA PEDESTRIAN WAY
PARKING AREA PEDESTRIAN WAY
PERIMETER PEDESTRIAN WAY
EXHIBIT A-4
' T
BUILDING SETBACK AND LANDSCAPE PLAN FOR NORTH~,'ES
PORTION OF SITE BORDERING U.S. 41
EXHIBIT B
LEGAL DESCRIPTION
AGENDA ITEM
NO. ~
MAR 2, 7 2001
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Granada Shoppes Associates, Ltd.,
hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 39.23±
acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida.
The name of this Planned Unit Development shall be Granada Shoppes. The development of
this site will be in compliance with the planning goals and objectives of Collier County as set
forth in the Growth Management Plan. The development will be consistent with the policies and
land development regulations adopted thereunder of the Growth Management Plan Future Land
Use Element and other applicable regulations for the following reasons:
The subject property, is within the Urban Commercial District, Mixed Use Activity
Center Subdistrict as identified on the Future Land Use Map. This District is intended to
accommodate the majority of all new commercial zoning in the County. The Mixed Use
Activity Center Subdistrict boundaries are flexible, and the boundaries as shown of the
FLUE Map may be modified through the use of the Master Planned Activity Center
designation where the Developer maintains unified control of a majority of a quadrant in
a Mixed Use Activity Center. The Developer owns the entirety of the Southeastern
quadrant of Mixed Use Activity Center #2 and the proposed project boundaries represent
the use of the Master Planned Activity Center concept.
The proposed development is consistent with the existing Collier County Comprehensive
Plan. Under the Plan, the project qualifies as a Master Planned Activity Center as it is a
unified plan of development in the form of a PUD which allows flexibility in the
boundaries (including modification during final site design), mix and location of uses
within a master planned activity center, and permits modification of the square
configuration of activity center quadrants if the applicant has unified control of a
majority of a quadrant. The Plan provides that 100% of the acreage within the activity
center is eligible for commercial uses.
Granada Shoppes is compatible with and complementary to existing and zoned future
land uses surrounding the project as required in Policy 5.4 of the FLUE.
o
Site and building improvements will be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE, unless and to the extent amended
herein.
The development of Granada Shoppes will result in a well-designed commercial project,
through coordinated and regulated signage, building design, vehicular and pedestrian
access, and landscaping and will further the intent of Policies 3.1.E and F of the FLUE.
The development of Granada Shoppes will be designed in a manner consistent with
Policy 4.6 and the factors applicable to the Mixed Use Activity Center Subdistrict, which
address access management, and on-site traffic and pedestrian circulation.
AGENDA ITEM
M/ R 2 t 2001
o
Granada Shoppes does not meet the criteria for a Development of Regional Impact
(DP, J), pursuant to Chapter 380.06, Florida Statutes, 2000. The Florida Department of
Community Affairs (DCA) has reviewed and issued a binding letter for the project.
The Granada Shoppes will be developed consistent with the Collier County Access
Management Plans, as required in Section 2.6.38 of the Collier County Land
Development Code.
Granada Shoppes has received a waiver from the historical/archeological survey and
assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to
the site's location in a low potential area for containing historical/archeological artifacts.
The developer will comply with Section 2.2.25.8.2 of the Land Development Cqde
should accidental discovery of any historic or archeological site, significant artifact~ or
other indicator occur during site development or building construction.
AGENDA ITEM
No,
M/ R g 7 2001
SHORT TITLE
This ordinance shall be known and cited as the "GRANADA SHOPPES PLANNED UNIT
DEVELOPMENT ORDINANCE".
Ill
AGENDA ITEM
NO.
rvlAF~ 2 7 2001
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Granada
Shoppes, and to describe the existing condition of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
Please refer to Exhibit "B".
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of GRANADA
SHOPPES ASSOCIATES, LTD., a Florida limited partnership, or its assigns, whose
address is 2640 Golden Gate Parkway Suite 115, Naples, FL 34105, and Ocean
Boulevard Partnership II, whose address is 2600 Golden Gate Parkway, Naples, FI
34105.
1.4 GENEILAL DESCRIPTION OF PROPERTY
The project site is located in Section 27, Township 48 South, Range 25 East, and
is generally bordered on the west by U.S. 41 and commercially developed
property. To the south lies the Bay Colony Golf Course, which is part of the
Pelican Marsh DRI. To the east lies Agriculturally zoned and utilized property.
Immediately north lies Immokalee Road, and commercially designated and
developed Riverchase Shopping Center, which is part of the Collier Tract 22 DRI.
Bo
The zoning classification of the subject property at the time of original PUD
application was A (Agricultural).
Co
Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA
Firm Map Panels No. 1200670193D? dated June 3, 1986, the Granada Shoppes
property is located within Zones "AE-11" of the FEMA flood insurance rate map.
The soil types on the site generally include Riviera limestone substratum,
Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand.
Basinger fine sand, Rivieria fine sand, Ft. Drum and Malabar fine sand. and
Satellite fine sand.
I-1
AGENDA ITEM
No.
MAR 2 7 2001
Prior to development, vegetation on the site primarily consists of active croplands
and small amounts of pine flatwoods along the north and west boundaries with
varying degrees of Brazilian Pepper infestation.
The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins, as depicted within the Collier County Drainage
Atlas (Jul3' 1995). The South Florida Water Management District has required
off-site discharge to the Pine Ridge Canal.
1-2
NO.
AGENDA ITEM
MAR 2 7 2001
2.1
2.2
2.3
SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the plan of development for Granada
Shoppes, and to identify relationships to applicable County ordinances, policies, and
procedures.
GENERAL DESCRIPTION OF THE PROJECT A'ND PROPOSED LAND USES
AD
Granada Shoppes is a 39.23 acre mixed-use retail commercial, and office
development which will consist of general and specialty retail shops, restaurants,
business and professional offices, a hotel and financial institutions. Granada
Shoppes shall establish project-wide guidelines and standards to ensure a
coordinated and consistent level of quality for proposed features and facilities.
The PUD Master Plan is iljustrated graphically on Exhibit A. A Land Use
Summary indicating approximate land use acreages is shown on the plan. The
location, size, and configuration of individual tracts shall be determined at the
time of County development approvals in accordance with the Collier County
Land Development Code (LDC).
The Project shall contain a maximum of 300,000 square feet (gross building area)
of retail commercial uses and a maximum of 90,000 square feet (gross building
area) of office uses. A hotel, containing a maximum of 175 room, units, or suites,
may be constructed on the site. If a hotel is constructed, the retail and office uses
shall be reduced to 280,000 gross square feet and 10,000 gross square feet,
respectively.
COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of Granada Shoppes shall be in accordance with the
contents of this PUD Ordinance, and to the extent they are not inconsistent with
this PUD Ordinance, applicable sections of the LDC which are in effect at the
time of issuance of any development order. Where this PUD Ordinance does not
provide development standards, then the provisions of the specific section of the
LDC that is otherwise applicable shall apply.
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
AGENDA ITEM
2 7 2001
ll-I
2.4
2.5
Co
Development permitted by the approval of this PUD will be subject to the
Adequate Public Facilities Ordinance, Division 3.15 of the LDC.
All conditions imposed herein or as represented on Granada Shoppes Master Plan
are part of the regulations which govern the manner in which the land may be
developed.
Eo
The Developer shall submit to the County an annual PUD monitoring report in
accordance with LDC Section 2.7.3.6.
LAND USES
mo
The location of land uses and general project configuration are shown on the PUD
Master Plan, Exhibit A. Changes and variations in building tracts, location and
acreage of these uses shall be permitted at time of County site development plan
approval to accommodate utilities, topography, vegetation, and other site and
market conditions, subject to the provisions of Section 2.7.3.5. of the Collier
County LDC. The specific location and size of individual tracts and the
assignment of square footage or units shall be determined at the time of County
site development plan approval.
Roads and other infrastructure may be either public, private or a combination of
public and private, depending on location, design and purpose. The request for a
road to be public shall be made by the Developer at the time of final County
development approval. The Developer or its assignees shall be responsible for
maintaining the roads, streets, drainage, common areas, and water and sewer
improvements where such systems are not dedicated to the County. Standards for
roads shall be in compliance with the applicable provisions of the County LDC,
unless otherwise approved during County development approval. The Developer
reserves the right to request substitutions to Code design standards in accordance
with Section 3.2.7.2. of the LDC.
LAKE SITING, EXCAVATION AND SETBACK REQUIREMENTS
As depicted on the PUD Master Plan, lakes have been preliminarily sited, with
the ultimate location and configuration to be determined during the site
development review stages of project development. The goal of this Master Plan
is to achieve an overall aesthetic character for the project by designing the surface
water management system lakes as an integral feature of the project, and to utilize
the lakes as a waterfront amenity for the public as well as tenants of the project.
In that regard, exceptions from slopes and setbacks may be requested during the
site plan review process.
11-2
AGENDA ITEM
No.
MAR 2 ? 2001
2.6
Fill material from lakes is planned to be utilized within the project site; however,
excess fill material may be transported off-site. The volume of material to be
removed shall be limited to ten percent of the calculated excavation volume to a
maximum of 20,000 cubic yards. If the Developer wishes to remove additional
material from the project site, a commercial excavation permit will be required.
Lake banks and edge of water may be sculpted for aesthetic purposes and to
complement the overall project theme and may use combinations of vertical
bulkheads (rock, concrete, wood), vegetation and earthen berms for aesthetic
purposes, consistent with the intent of Section 2'.8.3.7.4 of the LDC.
Final lake area determinations shall be in accordance with the South Florida
Water Management District stormwater criteria and Section 3.5.7. of the LDC.
Setbacks: Lake excavations shall be located so that the control elevation
shall adhere to the following minimum setback requirements, unless
bulkheading is provided, per LDC and Florida Department of
Transportation (FDOT) standards:
a)
Lakes and stonnwater management features may be located
adjacent to internal roads. The roads will be designed to
(AASHTO) road standards and shall incorporate such factors as
road alignment, travel speed, bank slope, road cross sections, and
need for barriers.
b)
Lakes and stormwater management features shall be set back a
minimum of twenty feet (20') from Immokalee Road or U.S. 41
rights-of-way, providing appropriate County and FDOT barriers
are installed where required.
FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Granada
Shoppes PUD during development phases of the project. The following standards
shall apply for stockpiled excavation material:
1. Stockpile maximum height: Thirty-five feet (35')
Fill storage areas in excess of five feet (5') in height shall be separated
from developed areas by fencing, excavated water bodies or other physical
barriers if the side slope of the stockpile is steeper than 4:1.
a)
Soil erosion control shall be provided in accordance witt'
Division 3.7.
11-3
~'L'~'~ AGENDA ITEM
2 7 001
2.7
2.8
2.9
USE OF RIGHTS-OF-WAY
The Developer may place landscaping, signage, lighting, water management facilities,
berms, decorative walls and fences, utilities or decorative entry features within any
public or private rights-of-way adjacent to or within the Granada Shoppes, if the
applicable agency's permits and approvals are acquired.
SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion,
leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and
signs, shall be permitted principal uses throughout Granada Shoppes PUD. These uses
may be either wet or dry facilities. These uses shall be subject to the requirements of
Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that
the temporary use permit shall be valid through the life of the project with no extension
of the temporary use required. These uses may use temporary septic tanks or holding
tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable
water or irrigation wells, except that no septic systems or holding tanks shall be permitted
upon issuance of the Certificate of Occupancy for the specific facility.
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
mo
Co
Changes and amendments may be made to this PUD Ordinance or PUD Master
Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements
as described herein may be made by the Developer in connection with any type of
development or permit application required by the LDC.
The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Granada Shoppes
Master Plan upon written request of the Developer or his assignee.
The following limitations shall apply to such requests:
The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and Granada Shoppes PUD document.
The nfinor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
o
The following shall be deemed minor changes or refinements:
The minor change or refinement shall be compatible with external
adjacent land uses and shall not create detrimental impacts to abutting
land uses, water management facilities, and conservation areas.
AGENDA ITEM
No.
MAR 2 7 2001
11-4
2.10
2.11
2.12
2.13
Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2. Internal realignment of rights-of-way or internal drives.
3. Reconfiguration of parcels per Section 2.4 of this PUD.
Minor changes and refinements as described above shall be reviewed by
appropriate Collier County staff to ensure that' said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Community Development and Environmental Services
Administrator's consideration for approval.
Written approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from
and prior to any application for Subdivision or Site Development Plan approval,
however such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all
other necessary County permits and approvals.
PRELIMINARY SUBDIVISION PLAT PHASING
tn the event platting is required, submission, review, and approval of Preliminary
Subdivision Plats for the project may be accomplished in phases to correspond with the
planned development of the property.
OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The PUD will comply with Section 2.6.32 and Division 3.9 of the LDC relating to open
space and retention of native vegetation.
SURFACE WATER MANAGEMENT
Pursuant to delegation from the SFWMD, Collier County will issue the surface water
management permit for the water management system which will be designed in
accordance with the Rules of the South Florida Water Management District (SFWMD),
Chapters 40E-4 and 4-E-40.
ENVIRONMENTAL
An Environmental hnpact Statement waiver was requested by the Developer and
approved by the Collier County Planning Services Department. Envitrorrrrrel~K,4loA
' / No._
MAR 2 7 2001
11-5
2.14
Review Section staff due to prior agricultural activities on the site, pursuant to
Section 3.8.9 of the Land Development Code.
Other permits will be obtained from applicable State, Federal and Local agencies
as appropriate.
UTILITIES
2.15
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time approvals are requested.
TRANSPORTATION
The Developer shall provide appropriate left and/or right turn lanes on Immokalee
Road and U.S. 41 at the project entrances. Such turn lanes shall be in place prior
to the issuance of any Certificates of Occupancy for a use that utilizes the
perspective/associated entrance.
There shall be full access, signalized intersections at the project's eastern entrance
on hnmokalee Road and U.S. 41 entrance at 107th Avenue. The Developer shall
provide a fair share contribution toward the capital cost of traffic signals.
Future access points to Immokalee Road and U.S. 41 are those shown on the
Granada Shoppes Master Plan. Access to U.S. 41 is subject to approval and
permitting by FDOT and locations may be modified from those shown on the site
plan as determined during the permitting process.
Arterial level street lighting shall be provided by the Developer at the project's
main entrances in conjunction with the development of these entrances.
Road impact fees and credits shall be in accordance with the provisions of the
applicable Collier County Land Development Code Ordinance controlling the
amounts of road impact fees and credits.
Fo
County staff will prepare an amendment to the County Transportation Plan to
include as a County minor collector road a roadway that would link U.S. 41, east
to Goodlette-Frank Road through the Granada Shoppes entrance and PUD then to
the south road in the Creekside Commerce Park PUD, in a manner compatible
with the adjacent properties. When said roadway is officially added to the
County's transportation network, the County and Developer shall enter into an
agreement whereby developer shall grant (at no cost to the County) a sixty-four
(64) foot road right-of-way easement for said roadway from U.S. 41 to Goodlette-
Frank Road, and shall be required to construct the County road so it is
no later than sixty (60) day's after a certificate of occupancy is issted fo~',,,~/
7
Mt R g 7 2001
I1-6
2.16
2.17
Granada Shoppes Center. Said agreement shall provide that the Developer will
receive impact fee credits for the design and construction of said improvements
from U.S. 41 to Goodlette-Frank Road.
If Board of County Commissioners decides to grant Naples Park's request to
block access from U.S. 41 to 10Th Avenue North and 108th Avenue North as per
the plans requested by Naples Park and made a part of the record in this
proceeding, Developer agrees to pay for the closing of 10Th and 108th Avenues
North if said closure is pursuant to said plan and is accomplished prior to
November of 2003.
COMMON AREA MAINTENANCE
Common area maintenance, including maintenance of the surface water management
system, will be provided by the Developer.
DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set
forth in the LDC, Section 2.2.20.
Co
Granada Shoppes PUD is planned as a functionally interrelated commercial site
under unified control. The Developer will establish guidelines and standards to
ensure quality for both the common areas and the individual parcel developments.
All development will meet and enhance LDC Division 2.8, Architectural and Site
Design Standards and Guidelines.
The Granada Shoppes PUD will feature an integrated and compatible
architectural building style or theme, which will be incorporated into the primary
retail center, and all free standing uses. Massing of building facades will be
reduced by transitioning building heights, widths and colors, and adding
architectural elements such as loggias, canopies, comer towers, archways, or
columns, which will form courtyard-like areas, appropriately scaled for public
gathering spaces. These treatments will create visual interest and variety, while
providing visitors to the project, a pedestrian-friendly atmosphere. Building
architectural styles shall be compatible and complementary throughout project,
and shall feature unifying and complementary elements such roof treatments,
signage, landscaping and building materials and building colors.
The Granada Shoppes PUD will be a fully integrated planned site, where attention
to the overall site design is achieved by providing well designed and integrated
vehicular use areas, pedestrian paths, and architecturally unifiet--~
landscaping, and lighting throughout the site. ,o. /7//
g~a 2 7 ~001
Common Areas
a)
Internal roadways will provide efficient vehicular circulation and
will be designed with streetscapes that create pedestrian-friendly
environments. Streetscape plans will be designed to establish a
hierarchy of vehicular and pedestrian flow with landscape
improvements appropriate in scale and character with the function
of the street and adjacent land uses. The intent is to link uses
throughout the project by designing appropriately located and
scaled pedestrian and vehicular circulation routes.
b)
Project architectural features will be developed within common
areas of the project and will be coordinated in design, color, and
style. Architectural features shall be permitted throughout the site.
c)
Lake banks and water management features will be designed with
edge offsets to complement the building architectural style and
landscape features of the project.
Free-Standing Uses
a)
Site Planning: Each free-standing use will provide a visually
appealing, articulated, identifiable path of entry for pedestrians and
vehicles from the internal drive to the site and from the site to the
buildings themselves. The orientation of a building or structure
upon a site will not only reflect the project's functional need, but
will also be responsive to the individual parcel's characteristics
and relationship to the project and vehicle and pedestrian access
ways. When adjacent to a project lake, buildings may be oriented
to the lake feature and may provide decks, walkways, and/or
seating areas adjacent to or over the water feature, depending upon
the compatibility of such features with the type of business located
on the parcel.
b)
Architectural standards: Design elements for free-standing use
shall be compatible and complementary with the architectural
theme of the project, including building materials, roof materials.
colors, signage, lighting, and landscaping.
c)
lighting fixtures will be located along all pedestrian
Lighting fixtures illuminating the parking area sout,h c
building shall be located on poles no more than 20 -0
Building lighting design will be architecturally treated in the style
of the building architecture. Similarly styled pedestrian level
oathways.
theN~ ~--~'-~
in heig~t/~,~ '
MAR g 7 2001
Il-8
2.18
and shielded to minimize light intrusion crossing the south
property line.
d)
Landscaping: Landscape design guidelines for free-standing uses
will create a harmonious and visually pleasing landscape that is
cohesive and complementary to the overall master landscape plan.
The Granada Shoppes PUD landscape concept will feature
combinations of native plants and ornamental varieties which will
be designed to define and accent pedestrian and vehicular spaces,
as well as enhance the building architectural style. Landscape
designs will create a coherenf theme, which emphasizes plant
material as a primary unifying element.
(1)
Landscape elements along public rights-of-way will be
complementary to streetscape landscaping. Hedge material
required to be installed to separate parking areas from
rights-of-way shall be installed adjacent to the parking
areas. Parcel entries will be designed to harmonize xvith
adjacent streetscape landscaping, and clearly accentuate,
the parcel entry.
(2)
Landscaping materials will be utilized to define the main
site and building entrances.
e)
Graphics/signage: Sign graphics serve to provide continuity of
design for all signage in the project, consistent with the overall
visual impression of the project. All monument signage shall be
housed within an architecturally uniform sign structure.
LANDSCAPING, BERMS, FENCES AND WALLS
Landscaping, berms, fences and walls are permitted as a principal use throughout
Granada Shoppes. Required buffer treatments shall terminate at entrances to
accommodate entrance treatments and at lakes to accommodate views into the project.
The following standards shall apply:
Landscape buffers contiguous to Immokalee Road rights-of-way and U.S 41
rights-of-way will be installed at the time of site development or subdivision
improvement and will have the following characteristics:
Minimum width of 20'-0", measured from the property line. The
landscape buffer shall be a minimum of 25'-0" along U.S. 41 betwcen
Immokalee Road and the northern project entrance, as depicted in Exhibit
A-4. The minimum number of required trees shall be calcula~'
per 25' linear feet. Plantings shall not be required to be plaited Oh
g 7 2001
1I-9
centers in a linear manner, but may be cjustered or planted in irregular
patterns to provide greater buffers in certain areas and to provide view
corridors of key project features in order to create greater visual interest.
The height of required trees within the buffers shall be 12' on average.
Canopy trees shall have a 6' canopy spread at the time of planting.
Hedges, where required by the Collier County Land Development Code
(LDC) shall be installed in accordance with LDC Division 2.4,
Landscaping and Buffering.
Landscape buffers contiguous to the agriculturally zoned parcel immediately east
of the Granada Shoppes shall be a Type "A" buffer and will be installed at the
time of site development or subdivision improvement and will have the following
characteristics:
Minimum width of 10', measured from the property line. The minimum
number of required trees shall be calculated at 1 tree per 30 linear feet.
Canopy trees will be planted at an initial height of 12' on average, with a
6' spread.
Landscape buffers contiguous to the Pelican Marsh PUD shall be Type "A"
buffers.
Landscape buffers, berms, fences and walls
perimeter of the Granada Shoppes PUD
development or subdivision improvement.
may be constructed along the
boundary concurrent with site
Sidewalks. signage, water management systems, drainage structures, project
architectural features, and utilities shall be permitted within landscape buffers.
Landscape berms located within the Granada Shoppes PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such
that they encroach into the right-of-way when approved by the applicable owner
or agency.
Il-10
AGENDA ITEM
No.
~AR 2 7 2001
2.19
SIGNAGE
A. GENERAL
All ground mounted project and flee-standing use signs shall be of consistent
architectural style and shall feature like building materials and sign structures. Sign
structures will be uniform in size, color and building material. Pole signs shall be
prohibited.
Pursuant to Sections 2.8.3.6.2.1 of the LDC, th~ following conditions provide for the
required comprehensive sign plan for the Granada Shoppes. All sign regulation,
pursuant to Collier County Division 2.5 shall apply unless such regulations are in
conflict with any conditions established in this PUD, in which case the PUD
Document shall govern.
a)
Free-standing use parcels shall be considered a separate single use parcel
of land for the purposes of this PUD so that signage may comply with the
LDC requirements.
b)
Signs and decorative landscaped entrance features within a County
dedicated right-of-way shall require a right-of way permit subject to the
review and approval of the County and FDOT where applicable.
c)
A minimum setback of 5' from edge of pavement shall be required, except
that no sign shall be located so as to create a vehicular line of site
obstruction.
d)
All project sign structures may feature architectural treatments which shall
be permitted to extend above the maximum height of the sign specified
herein.
B. PROJECT IDENTIFICATION SIGNS
One project directow sign, with a maximum of 250 square feet of sign
copy per side and a maximum sign copy height of 25', shall be permitted
per public right-of-way frontage. The directory sign may be permitted
within the medians of project entry drives generally depicted on the
Master Plan.
Project identification signs shall be located as generally depicted on the
PUD Master Plan. Project identification signs shall be monument or wall
mounted signs and feature only the project name, insignia or motto of the
development.
AGENDA ITEM
t
I MAR 27 2001
Il-Il
2.20
o
Project identification sign copy will not exceed 100 square feet in size on
any side, and shall not exceed a maximum height of 10' above finished
grade, except for architectural detail treatments.
No minimum setback shall be required, except that no sign shall be so
located so as to create vehicular line of site obstructions.
C. FREE-STANDING USE MONUMENT SIGNS
Each free-standing use shall be permitted one monument sign per public
road or private drive frontage.
Maximum permissible sign copy shall be 100 square feet per side for
public road frontage and 80' for private road frontage.
°
For public road frontage, the maximum height of the sign copy shall be
10' above finished grade. Architectural details of the sign structure may
project above the 10' height; however, no part of the sign or sign structure
shall exceed 12' in height above finished grade.
°
For private drive frontage, the maximum height of the sign copy shall be
8' above finished grade. Architectural details of the sign structure may
project above the 8' height; however, no part of the sign or sign structure
shall exceed I0' in height above finished grade.
D. TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, and speed limit signs, may be
designed to reflect an alternative specification and common architectural theme
upon approval by the Development Services Director, in accordance with Section
3.2.8.3.19. of the LDC.
PUBLIC PLACES
A. GENERAL.
The Granada Shoppes will provide a variety of publicly accessible amenities
which will further the project's commitment to complement and enhance Collier
County's Architectural and Site Design Guidelines, and serve to provide a sense
of place for the community.
B. PUBLIC ARCHITECTURAL FEATURES
A publicly accessible architectural feature such as a pergola,_pa.x~i/l~4.~~
gazebo, courtyard, observation deck or similar feature shall be :onsttt~ctod-.---
/
~AR 2 ? 20tll
11-12
/
Co
at the intersection of Immokalee Road and U.S. 41. Such feature shall be
architecturally unified with the project's overall design theme and linked
to the project's pedestrian pathway network. The public space shall be a
minimum of 300 square feet in size and provide seating for the public and
patrons of Granada Shoppes. The feature may have project identification
signage which will meet the sign copy criteria of 2.19B of this PUD.
°
Decorative architectural features shall be permitted throughout the
Granada Shoppes PUD, and shall be permitted within or adjacent to
pedestrian pathways.
PEDESTRIAN PATHWAY NETWORK
A pedestrian way network shall be established throughout the project as
shown conceptually on the PUD Master Plan. The pedestrian system will
serve to link the primary shopping and office areas with free-standing uses
at the perimeter of the project site, by providing a landscaped walkway
protected from vehicular traffic movements. Any required breaks in the
pedestrian network for vehicular access to the site shall be identified
through use of pavers, signage, or other traffic calming techniques deemed
appropriate to reduce the speed of vehicles and provide safe pedestrian
movements throughout the site.
a) Shopping Area Pedestrian Way
The shopping area pedestrian way (Exhibit A-I) shall be a wide
intermittently covered walkway, featuring pavers or stamped
concrete surfaces. This pedestrian way shall include architectural
features such as fountains, courtyards, arbors or similar design
features, and decorative landscape plantings. This pathway shall
have a minimum unobstructed pedestrian way of 10' average
width. Seating and decorative landscape plantings shall be
provided intermittently along the pathway and at all primary tenant
entrances.
b) Parking Area Pedestrian Way
The parking area pedestrian way (Exhibit A-2) shall be located
generally within the parking area as shown on the PUD Master
Plan. This pedestrian way system will be designed to promote safe
and convenient linkage from the parking areas to both the
perimeter free-standing uses and the shopping area. Vehicular
crossings will be identified with signage, landscaping and clearly
marked through use of varied pavement treatments or ,~
cahning techniques. This pedestrian way system shallU°~
[V'IAR 2 7 2001
I1-13
minimum of 14' in width, with a minimum 6' wide paver, stamped
concrete or banded concrete pedestrian pathway. This pedestrian
pathway way will feature canopy trees or palms with ground level
landscape plantings. Canopy trees or palms will be planted within
adjacent parking landscape islands. Canopy trees or palms shall be
planted along the pedestrian way system and shall be a minimum
12' high with a 6' spread for canopy trees and equivalent
specification for shade palms, at the time of planting.
c) Perimeter Pedestrian Way
The perimeter pedestrian way (Exhibit A-3) system is designed to
link free-standing uses with the parking and shopping area
pedestrian way as shown on the PUD Master Plan. Vehicular
crossings will be identified with signage, landscaping and clearly
marked through use of varied pavement treatments or other traffic
calming techniques. This pedestrian way system will be a
minimum of 15' wide and will feature a meandering 6' wide paver,
stamped concrete or concrete path with meandering landscape
treatments. Seating shall be provided intermittently along the
pathway system, adjacent to public use areas.
2.21 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Granada
Shoppes PUD. General permitted uses are those uses, which generally serve the
Developer and tenants of Granada Shoppes and are typically part of the common
infrastructure.
B. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Architectural features and elements including walls, fences, arbors,
gazebos, streetscape amenity features and the like.
AGENDA ITEM
No.
rvlAR g 7 2001
o
o
10.
11.
12.
Temporat3' construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
Fill storage subject to the standards set forth in Section 2.7 of this PUD.
Site filling and grading as set forth i~ Section 2.7 of this PUD.
Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
Kiosk vendors
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC
provision in effect at the time of Site Development Plan Approval.
Shared parking between the primary retail facility and free-standing uses,
including the hotel and office uses, shall be permitted throughout the site.
Each free-standing use shall not be required to provide 100% of the LDC
minimum parking on the project site; however, the total parking provided
for the Granada Shoppes shall meet or exceed the minimum parking
required for the combined land uses.
II-15
AGENDA ITEM
No.
~gR g 7 2001
4'7'
3.1
SECTION III
COMMERCIAL
PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Granada Shoppes designated on the Master Plan as Retail, Office and Hotel
uses.
3.2
3.3
GENERAL DESCRIPTION
Areas designated as "R/O" and "R/O/H" on the PUD Master Plan are intended to provide a
maximum of 300,000 square feet (gross building area) of retail and service uses, and a
maximum of 90,000 square feet (gross building area) of general and professional office uses
on a maximum of 32 acres. A hotel containing a maximum of 175 rooms, units or suites
may be located on the parcel designated "R/O/H" on the PUD Master Plan. If the hotel is
developed on the site, the maximum amounts of retail/service and office uses located in
areas designated "R/O" on the PUD Master Plan shall be reduced to 280,000 square feet and
10,000 square feet respectively. If the parcel designated "R/O/H" on the PUD Master Plan
is developed with a hotel use, no floor area ratio shall be applicable to it. Eating and
Drinking Places shall not exceed 25% of the project's total retail commercial square footage,
unless additional parking spaces are provided for restaurant uses; however, eating and
drinking places accessory to the hotel use shall not be included in this limitation.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used. in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
All permitted uses in the C-4 Zoning District of the Collier County Land
Development Code, as of March 27, 2001, except:
a) Agricultural Services (groups 0711-0783)
b)
Amusements and Recreation (Outdoor-groups 7948, 7992. 7990
and 7999)
c) Auto~notive Repair Facilities (7532-7539)
d)
I tospitals (8062-8069)
11I-1
AGENDA ITEM
NO.
MAR g 7 2001
3.4
e) Membership Organizations (8611-8699)
f) Outdoor Retail Nurseries, Lawn and Garden Supply Stores (5261)
g) Marinas (4493)
h) Pawnshops (5932)
i) Group Care Facilities
2. Kiosk Vendors
3. Retail Home and Garden Centers (5211, 5251)
Permitted Accessory Uses and Structures
1. Accessoo' uses and structures customarily a~sociated with principal uses
permitted in this district.
2. Outdoor dining shall be permitted as an accessory' use to the hotel and to a
restaurant, provided adequate pedestrian accessibility is provided.
DEVELOPMENT STANDARDS
Ao
Minimum Lot Area: 20,000 S.F.
Minimum Lot Width: 100 FT.
Minimum Yard Requirements:
1. Principal Permitted Uses
a)
Immokalee Rd. and U.S. 41: Forty feet (40'), except that the
minimum building setback in the northwest portion of the site
bordering U.S. 41 shall be as depicted on Exhibit A-4.
b) Internal Frontage Drives: Fifteen feet (15')
c) Distance Between Free Standing Uses: Thirty feet (30')
d) Waterfront:
Zero feet (0') to bulkhead or riprap at top of bank
AGENDA ITEM
MAR g 7 2001
Do
2)
e)
Minimum Building Setback from Non-Right-of-Way Perimeter
Project Boundary of PUD:
i. Thirty feet (30') for buildings up to 50' in height
ii.
111.
Fifty feet (50') for buildings greater than 50' in height.
Eighty feet (80') for the wall of the hotel building facing
the south project boundary.
Accessory Structure Setbacks:
a). Front Yard:
i. Roofed parking facilities- Twenty feet (20')
b) Side Yard:
i. Common Architectural Features- Zero feet (0')
ii. Roofed parking facilities- Ten feet (10')
c) Lake Bank:
i. Common Architectural Features-Zero feet (0')
ii. Seating areas- Zero feet (0')
d) Any hotel swimming pool shall be set back a minimum of 150'-0"
from the south project boundary.
3) Streetscape amenity features: no minimum setback is required.
Maximum Height:
Retail Buildings: Tv,o-stories, not to exceed fifty feet (50')
Office Buildings: Four-stories, not to exceed sixty feet (60')
Hotel: Not to exceed sixty feet (60')
Architectural features: Seventy-five feet (75')
111-3
2.
3.
4.
AGENDA ITEM
[No.
MAR g 7 2001
m
ITl
EX
AGENDA iTEM
NO.
MAR 2 7 2001
AGE~~'
'NO,
MAR ,9 7 2001
EXHIBIT A-2
AGENDA ITEM
~I/~R g 7 2001
EXHIBIT A-3
IMMOKALEE ROAD
20' LANDSCAPE BUFFER
25' IFF'ER
t
OI[VE. LOPMEN T.~
)£VE. LOPMENT 1
EXHIBIT A-4
BUILDING SETBACK AND LANDSCAPRE
BUFFER AREA FOR NORTHWEST PORTION
OF SITE BORDERING US 41.
-- W~ND
PRESERVE
20' LANDSCAPE
BUFFER
40' EiUILDING
"~~1_SETBACK
JOHNSON ENGINEERING, INC.
ENOINEER$, SURVI~*OR~ ANi) ECO[.~GI~fS
2/20/01 20012557 81018
EXHIBIT B
OESCRiP TION
A tract or parcel of land lying in Section 27, Township 48 South.
Range 25 East. Collier County. Florida which tract or parcel is
described as Follows:
From the northwest corner of Section 27, Township 48 South, Range
25 East. Collier County. Florida run S.00'38'4-$'E. along the
west line of the northwest 1/4. of said section 27 for 125.02 feet
to a its intersection with the southerly right-of-way line of
Immokalee Rood (CR-846)' and the POINT OF BEGINNING. thence run
N.¢4'38'23'E. along the southerly right-of-way line of said
immokalee Rood for .3¢.99 feet; thence run S.89'45'00"E. along
the southerly right--of-way line of said Immokalee Road for 575.¢5
feet; thence run S.86'55'lS"E. along the southerly right-of-way
line of said Immokalee Road for 500.6! feet; thence run
S-89'¢5'00'E. along the southerly right-of-way line of said
Immokalee Road for 134.22 feet; thence run S.00'00'00"E. for
2:24.63 feet to a point of curvature; thence southwesterly along
the arc of a curve to the right of radius 85.00 feet (delta 90'00'00")
(chord 120.21 feet) (chord bearing S. 45'00'00"W,) for 133.52 feet
to the end of said curve; thence run S00'OO'OO"E For 830.91 feet to
a point of curvature; thence southwesterly along the arc of a curve to
the right of radius 50.00 feet (delta 86'54.'07') (chord 68.77 feet)
(chord bearing S.45'27'05"W.) for 75.84 feet to a point of tangency;
thence run S. 86'54.'07"W. for 258.32 feet to o point of curvature;
thence westerly along the arc of o curve to the right of radius 936.00
fe~t (delta 06'25'14") (chord 10,t. 29 feet) (chor~! bearing N. 89'54'16'W.)
for 10¢.54. feet to the end of said curve; thence run S.15'26'52"W. for-
.348.97 feet; thence run S.69'14.'i5'W. for 258.29 feet: thence run
S.00'39'i5"E. for 25.00 feet; thence run S.89'20'4.5'W. for 396.¢6 feet
to a point on the west line of said Section 27 and the easterly right-of-wa,
line of U.S. ¢1 (S.R. 4.5) Tamaimi Trail; thence run N.00'58'4.,l"W. along the '
west line of said Section 27 and said easterly right-of-way line of U.S. 4.1
for 1670.23 feet to the POINT OF' BEGINNING.
containing ,39.25 acres more or less or 1.708.858.58 square feet more or les:
Bearings hereinaboove mentioned ore based on the west Line of Section
27, Township 48 Sou~, Range 25 East'as being
Subject to easements, reservations and restrictions of recnrH
I AGENDA ITEM
NOTEs: ,0, ,
1. THIS IS NOT A SURVEy. MAR g ? 2001
2' BASIS OF BEARINGS iS 13_lE NORTit UNE OF ll. lE NORll_iLS,. ~,)~,
l/¢ OF SECTION 27. TOWNSHIP 4-8 SOUTH, RANGE 25 E"'Z~~'---
AS BEING S. 89'45'00" E.
5. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS AK'